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HomeMy WebLinkAbout2007-05-02 BOARD OF SUPERVISORS FIN A L MAY 2, 2007 9:00 A.M., AUDITORIUM COUNTY OFFICE BUILDING 1 . Call to Order. 2. Pledge of Allegiance. 3. Moment of Silence. 4. Recognitions: a. Juandiego Wade - 2007 John L. Snook Advocate Award Recipient. b. Emergency Medical Services Week Proclamation. 5. From the Board: Committee Reports and Matters Not Listed on the Agenda. 6. From the Public: Matters Not Listed for Public Hearing on the Agenda. 7. Consent Agenda (on next sheet). 8. 10:00 a.m. - Transportation Matters: a. VDOT Monthly Report. b. Transportation Matters not Listed on the Agenda. 9. 10:30 a.m. - Presentation: Com cast, Paul Comes, Director of Government & Community Affairs. Recess -10:50 a.m. 10. 11 :00 a.m. - Presentation: Development Review Task Force Report. 11. 11 :30 a.m. - Presentation: Proffers Report from the Fiscal Impact Advisory Committee. 12. 12:00 p.m. - Closed Session. 13. Certify Closed Session. 14. Appointments. 2:00 p.m. - Public Hearinas: 15. FY 2007 Budget Amendment. 16. PROJECT: SP-2004-050. Flow Automotive Companies Sales and Displav (Sian #60). PROPOSED: Expansion of the Flow Volkswagen-Audi-Mazda dealership, including outdoor display and sale of automobiles in the Entrance Corridor. LOCATION: 1307-09 and 1313 Richmond Road, south side of Rt 250 East, approximately 1060' east of Riverbend Drive. TAX MAP/PARCEL: 78/15E and 78/15D. MAGISTERIAL DISTRICT: Rivanna. 17. PROJECT: SP 2007-009. Little Keswick School Amendment (Sians #101&102). PROPOSED: Amend SP-06- 13 to increase the size of the New Dorm from 45' X 90' to 56'8" X 100'. No additional students or staff would result. LOCATION: 505 Little Keswick Lane; Rt 731 1/10th of a mile SE of Rt 22. TAX MAP/PARCEL: TM 80 Parcels 110, 110A, 110A2, 112, 117A, 118, 119. MAGISTERIAL DISTRICT: Rivanna. 18. SP-2006-043. Field School (Sians #35,36&39). PROPOSED: Middle School for boys of approximately 70 students max to be located in the existing community building at Claudius Crozet Park. LOCATION: 22 acre parcel at Claudius Crozet Park, north side of Park St, 1500 feet east of High Street. TAX MAP/PARCEL: 56A2-01-72 and 72A. MAGISTERIAL DISTRICT: White Hall. 3:30 p.m. - Work Sessions: 19. CPA 2005-009. Southern Urban Area B Study Amendment and CPA 2005-005, Granaer Tract CPA. 20. Rural Areas Resource Protection. 21. From the Board: Committee Reports and Matters not Listed on the Agenda. 22. Adjourn to May 9, 2007 at 3:00 p.m. CONSENT AGENDA FOR APPROVAL: 7.1 Approval of Minutes: October 4,2006 and March 7, 2007. 7.2 Authorize County Executive to execute Loan Agreement with Stony Point Volunteer Fire Company, Inc. 7.3 Adopt resolution authorizing Chairman to sign re':ised Darden TO'.vo Park .^.greement. (Remove from agenda) 7.4 Authorize County Executive to execute Regional Police Mutual Aid Agreement. 7.5 Resolution to accept road(s) in Oak Hill Subdivision into the State Secondary System of Highways. 7.6 Resolution to accept road(s) in Logan's Run Subdivision into the State Secondary System of Highways. 7.7 Cancel May 9,2007 Night Board Meeting. FOR INFORMATION: 7.8 2006 Annual Report of the Board of Zoning Appeals. 7.9 Board to Board, Communications reporl of activities from the Albemarle County School Board, dated May 2, 2007. 7.10 FY2007 Third Quarter Financial Report. ACTIONS Board of Supervisors Meeting of May 2, 2007 May 4,2007 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to Order. . Meeting was called to order at 9:06 a.m. by the Chairman, Mr. Boyd. All BOS members were present. Also present were Bob Tucker, Larry Davis, Ella Carey, and MeaQan Hoy. 4. Recognitions: Juandiego Wade - 2007 John L. Snook Advocate Award Recipient. . Chairman recognized Juandiego Wade, County transportation planner, for receiving the 2007 John L. Snook Child Advocate Award from Children, Youth and Family Services. Emergency Medical Services Week Proclamation. (Attachment 1) . Chairman read proclamation and presented same to Dan Eggleston, Director of Fire and Rescue. Agricultural and Forestal District Committee members: Joseph H. Jones, Babs Huckle and Bruce Hogue. . Chairman recognized the above-referenced members who recently retired from the A/F District Committee. Certificates of Appreciation will be mailed to them. 5. From the Board: Committee Reports and Matters Not Listed on the Agenda. Sally Thomas: . Announced a half-day workshop that will be held on May 24,2007, at COB-5th Street, on ensuring access to services for persons with limited English proficiency. . She and Mr. Dorrier recently attended one of VACO's regional meetings at the Palmyra Courthouse. She stated that it is always useful to hear about the problems and approaches that other counties are taking. . Asked staff to provide information on the provision in the County's Ordinance that allows for an erosion impact area. Dennis Rooker: . Mentioned an April 24th letter from the League of Women Voters supporting ASAP's proposal to identify a sustainable optimal population size for the community and use the figure to help guide planning. Suggested the Board consider including, in its budget, matching funds to help ASAP fund the study. . An article in a recent Virginia Municipal League newsletter states that state revenues are trailing forecasts. He asked that the Board get information on how this might affect the County. . He understands that the JLARC Compensation Study is studyinQ local Qovernment compensation. He suggested keeping abreast of the study and finding out the parameters of the study for possible input by the County. . Board members received a copy of a letter from the Chairman to Mayor Brown regarding the County's commitment to transportation. He suggested providing a copy of the letter to The Daily Progress and other media. . In October, 2006, an issue came before the Board concerning building an agricultural road off of Route 29 N near the Franklin Subdivision. He stated that the road is being built in a way that clearly contemplates something other than a farm road. He asked staff to look into this to find a way to close this loop hole. Ken Boyd: . Mentioned that Board members received a copy of a letter from the North Charlottesville Business Council regarding the process for Places29. He also received a copy of a letter from Mr. Carter Myers, of Colonial Auto, regarding the same issue. He suggested discussing Places29 after the public has had an opportunity to speak. . Reminded everyone that on May 31,2007, from 5:00 p.m. - 7:30 p.m., at the Comfort Inn, at the 1-64/Route 250W interchange, T JPDC will be sponsoring an information sharing session to discuss land use and transportation issues affecting the region's localities. . So far he has attended two of the chairs and mayors (of local governments) meetings, and it is great to talk with our counterparts to discuss issues of interest. . He has been contacted by the Forest Lakes Homeowners Association asking for progress on what the County is willing to do to help mitigate some the siltation problems they are experiencing in Hollymead Lake and Arbor Lake. He asked that staff provide a report to the Board so that they can provide a response to the neighborhood. . He would like to look at investigating restructuring of the Rivanna Waster and Sewer Authority Board and the Rivanna Solid Waste Authority Board to include elected officials. 6. From the Public: Matters not Listed on the Agenda. . John Martin, a resident of Free Union, talked about RWSA's hazardous and bulky waste days at the Ivy Landfill. This program is free for the citizens, but expensive for RWSA. The program is in jeopardy because of the City's continued refusal to pay service contribution fees in support of RWSA's operating costs. The City currently owes $3,098,675 to RWSA, which includes $1.8 million in principal and $1.2 million in finance charges. He suggested that it is time for RWSA to hire outside legal counsel 2 to pursue this matter. He, therefore, urged the Board to issue some form of concurrence to its representatives on the RWSA Board to the appointment of outside legal counsel in order to bring this matter to closure. · L. F. Wood, speaking on behalf of the Board of Directors of the 29 North Charlottesville Business Council (NCBC), said the Board should not forward Places29 to the Planning Commission until they receive more definitive answers on some of the more problematic areas that have been identified. The current plan is impractical, creates a north-south express zone, does not do anything for local citizens in terms of improving services in the business area, and Commonwealth Transportation Board members and Richmond VDOT officials do not see any funds available for the project. · Chuck Lebo, representing NCBC, said they are pleased the Places29 process is underway. They are displeased with some key elements that have been presented and in particular the overpasses which will turn Route 29 into an expressway. Route 29 needs to be kept as a shopping corridor for the County and City. · Timothy HOlbert, President and Chief Executive of the Chamber of Commerce, echoed support of the NCBC's request that the Board consider the pace and direction of the Places29 project. · Jack Marshall, President of ASAP, discussed their proposal to study an optimal population, and asked for the Board's support. · Tom Olivier, Conservation Chair for the Piedmont Group of the Sierra Club, said the Sierra Club supports ASAP's proposal to identify an optimum sustainable population size for the area. He urged the Board's endorsement of the development of this measure and development of a Comprehensive Plan Amendment. He asked that the Board consider funding this request at its budget work session on May 9th. · Jeff Werner, Piedmont Environmental Council, handed Board members a copy of Charlottes- ville Area Buy Fresh Buy Local, a newsletter for supporters of locally grown food. He also mentioned the denial by the School Board of a proposed air quality monitor site at Stony Point Elementary School. The Chairman asked Mr. Tucker to look into this issue. · Neil Williamson, of the Free Enterprise Forum, expressed concern about the County providing funds to ASAP for their proposed study. ASAP is an advocacy group and the Free Enterprise Forum questions the independence of such a study. · Harrison Rue, of T JPDC, discussed what has 3 transpired with Places29 and offered their full services to look into detail at the issues that have been raised by NCBC and others. Following Board discussion, it was decided that the Board would schedule a discussion for June of the process for Places29, how it is moving forward, etc. 7.2 Authorize County Executive to execute Loan County Attorney's office: Provide Clerk with Agreement with Stony Point Volunteer Fire copy of executed agreement. Company, Inc. (Attachment 2) . AUTHORIZED the County Executive to sign the attached loan agreement on behalf of the County. 7.3 Adopt resolution authorizing Chairman to sign Clerk: Reschedule for June 6'r agenda. revised Darden Towe Park Agreement. . REMOVED from aoenda. 7.4 Authorize County Executive to execute Regional County Attorney's office: Provide Clerk with Police Mutual Aid Agreement. copy of executed agreement. . AUTHORIZED the County Executive to execute (Attachment 3) the agreement. 7.5 Resolution to accept road(s) in Oak Hill Subdivision Clerk: Forwarded adopted resolution and into the State Secondary System of Highways. signed AM-4.3 Form to Greg Cooley. . ADOPTED the attached resolution. (Attachment 4) 7.6 Resolution to accept road(s) in Logan's Run Clerk: Forwarded adopted resolution and Subdivision into the State Secondary System of signed AM-4.3 Form to Greg Cooley. Highways. (Attachment 5) . ADOPTED the attached resolution. 7.7 Cancel May 9, 2007 Night Board Meeting. Clerk: Notify appropriate individuals. . CANCELLED the May 9, 2007 regular night Board meetina. 7.9 Board to Board, Communications reporl of activities County Executive's office: Provide information from the Albemarle County School Board, dated to Board. May 2, 2007. . Ms. Thomas mentioned the School's discussion of the process for Baldrige Performance and she asked that staff provide an update. 8a. VDOT Monthly Report. 8b. Transportation Matters not Listed on the Agenda. Darin Simpson. Assistant Residency Administrator Clerk: Forward comments to VDOT. for the Charlottesville Residency . Stated that Allan Sumpter is attending a leadership conference in Virginia Beach. . With winter over, there is increased activity by VDOT throughout the County. . The Rio Road/Hyrdraulic Road signal changes have been completed. . Explained how the mobile pothole patcher works and said he hopes it will enable VDOT to be more cost effective and accomplish more work. . Said there are some historical questions that need answering regarding Maxfield Road and Bishop Hill before the work is completed. David Slutzky . With the new installation of sidewalk on Rio Road, he noticed after a recent heavy rain that, one of the new wheelchair ramps, from the road up to the sidewalk, had a fairly substantial 4 puddle in it. It was not built correctly and during the winter there will probably be a massive sheet of ice. He asked that VDOT take a look at it. · On Old Brook Road there is area that is full of leaves, mulch and debris. He asked that it be cleaned out. Mr. Simpson said VDOT will check into it. Dennis Rooker · There are several places n Roslyn Ridge Road where fallen trees have destroyed guardrail on both sides of the road. It appears to him that VDOT was replacing a guardrail that was not damaged, and he would like for that to be checked out. As part of this work he hopes they are removing the trees presently in the culverts. · Several people came to the last MPO meeting to discuss the closing of the Advance Mills Bridge. · Mentioned a graph of secondary allocations estimated vs. actual allocations - said the graph does not match up with what he received from VDOT. Juan Wade said VDOT is looking into the discrepancy. Mr. Rooker said he is trying to obtain an accurate list of what our secondary road allocations have been for the last ten years. · On Roslyn Ridge Road the contractor is breaking up the road. About one-third of the road is broken up, and he thinks it might be wise to have them temporarily patch the area so that it does not do any more damage. David Wyant · Asked if the Advance Mills Bridge is proposed to be permanently closed. Mr. Simpson said VDOT found some additional cracks and will need to make a determination on how to proceed. He does not have a time frame on how long it will be closed. Mr. Wyant asked if this project has been put on an accelerated schedule. Mr. Simpson said he will find out. An informational meeting will be held on May 8th, 7:00 p.m., at Broadus Wood Elementary School. Mr. Rooker asked for a preliminary estimate of the replacement cost for the bridge. · Thanked VDOT for doing a great job in working with the homeowners and developers to resolve issues regarding the Bargamin property. Sally Thomas · Thanked Mr. Sumpter for being responsive to her concerns regarding Route 29 South. Ches Goodall is going to walk the median strip and work with VDOT on the trees concerns. · White Mountain Road - VDOT was responsive and agreed to take care of the work as a maintenance spot improvement. She has asked Mr. Sumpter to find another road that has the same kind of treatment as that planned for 5 White Mountain to see if an example would be helpful to the residents in making a decision. Mr. Slutzky asked that VDOT identify some examples of what it is doing and then forward that information to the Board members so that they can see just in case the issue comes up in another area. . Thanked VDOT for its responsiveness to concerns regarding 820 Buckingham Circle. Lindsay Dorrier . Asked VDOT to look at the traffic count on Route 713, between Routes 712 and 795, near Keene, an unpaved section of road that is approximately three to five miles long. This road goes by Teddy Roosevelt's hunting lodge. Ken Boyd . Asked if the current paving of Gilbert Station Road will complete the paving of the road. Mr. Simpson said he believes there is one section where the width does not qualify. Mr. Boyd asked for a description of the project limits, what will remain unpaved. . Asked if Rocky Hollow Road is nearing completion. Mr. Simpson said he is not sure of its current stage. Once the pipes are installed and the trees are cleared, the project will move fairly rapidly. 9. Presentation: Comcast, Paul Comes, Director of Government & Community Affairs. . RECEIVED. 10. Presentation: Development Review Task Force Mark Graham/Community Development: Move Report. forward as approved. . CONSENSUS that staff move forward with the five highest priority actions (set out below) and make minor adjustments in the current Community Development Work Plan: 0 two phase ZMA process; 0 improve ARB/PC/Board coordination, clarify role of ARB; 0 detailed process documentation to create consistent application and review; 0 establish staff authority for waivers and modifications in development areas; and 0 develop a proffer policy to include elements beyond cash amount 11. Presentation: Proffers Report from the Fiscal County Executive/Community Development: Impact Advisory Committee. Proceed as directed. . Motion that the Board adopt the proffers methodology and the resulting proffer values, without the ten percent revenue credit, that are contained in the attached memorandum and to DIRECT staff to begin the process of developing a complete proffer policy, failed by a vote of 3:3. . Motion that the Board adopt the proffers methodology and the resulting proffer values, based on a debt service level of six percent, that are contained in the attached 6 memorandum and directed staff to begin the process of developing a complete proffer policy, passed by a vote of 5:1. 12. Closed Session. . At 12:23 p.m., the Board went into closed session to consider appointments to Boards, Committees, and Commissions; to consider the acquisition of real property for a potential park facility; to consult with legal counsel and staff regarding matters of probable litigation relating to a real estate assessment appeal; and to consult with legal counsel and staff regarding specific matters regarding specific matters requiring legal advice relating to an inter- iurisdictional agreement. 13. Certify Closed Session. . At 2:20 p.m., the Board reconvened into open session and certified the closed session. 14. Boards and Commissions: Appointments. Clerk: Prepare appointment letter, update . APPOINTED Ralph Chester to the Commission Boards and Commissions book, update on Children and Families, with said term to webpage, and notify appropriate persons. expire June 30, 2010. 15. FY 2007 Budget Amendment. Clerk: Forward signed appropriation forms to . APPROVED the 2007 Budget Amendment in Finance, OMB, and copy appropriate the amount of $1 ,305,573.96. individuals. . APPROVED FY 2007 Appropriations #2007065,#2007066,#2007067,#2007068, #2007069,#2007070,#2007071,#2007072, #2007073,#2007074, #2007075, and #2007076. 16. PROJECT: SP-2004-050. Flow Automotive Clerk: Set out conditions of approval. Companies Sales and Displav (Sian #60). . APPROVED SP-2004-050, by a vote of 6:0, subject to the six conditions recommended by the PlanninQ Commission. 17. PROJECT: SP 2007-009. Little Keswick School Clerk: Set out conditions of approval. Amendment (Sians #101 &102). . APPROVED, by a vote of 6:0, subject to six conditions. 18. SP-2006-043. Field School (Sians #35,36&39). Clerk: Set out conditions of approval. . APPROVED, by a vote of 6:0, subject to the ten conditions recommended by the Planning Commission, with condition #8 amended at the Board meeting. 19. Work Session: CPA 2005-009. Southern Urban Area B Study Amendment and CPA 2005-005, Granaer Tract CPA. . HELD. The following typographical corrections were made: page 17, the last item in the list of transportation improvements should read "transit" service, and on page 16, the second improvement listed should be "west of the bypass. " 20. Work Session: Rural Areas Resource Clerk: Forward Resolutions of Intent to Protection. appropriate persons in Community . Took the following actions: Development. (Attachments 7-9) . ADOPTED, by a vote of 6:0, the following Resolutions of Intent to amend the ZoninQ and 7 Subdivision Ordinances that would allow staff to bring forward the ordinance amendments. 0 Resolution of Intent-Critical Slopes; 0 Resolution of Intent-Safe and Convenient Access; and 0 Resolution of Intent-Family Subdivision and REQUIRED the length of time a family member must hold property after subdivision for 15 years. . DIRECTED staff to move forward with requiring a 100 foot setback from all perennial and intermittent streams in the Rural Areas. . To REQUIRE an Erosion and Sediment Control Plan, rather than agreements in lieu of a plan for all new single family houses in the Rural Areas. 21. From the Board: Committee Reports and Matters not Listed on the Agenda. David Slutzky: . Said the ASAP proposal that was brought before the Board earlier in the day is a good proposal, but he would like to narrow the scope, and focus on determining the maximum sustainable population from an ecological perspective. . Seeing that Bryan Wheeler, a School Board member was present, asked about the status of the location of the air monitoring system. Also said he believes that DEQ should work with County staff to find a proper location. David Wyant . The committee on emergency transport has met twice, and it is proceeding along. This might be a good time to bring fire and rescue to the same physical structure. Sally Thomas . Suggested that Board members read the T JPDC's Summary of Activities. . The Rivanna River Commission has already adopted a charter. . Historic Preservation Committee will be coming to the Board with a report soon. . ACE Committee is coming to the Board with a report on the point system to reflect changes the Board has suggested. . On May 10th, there will be a "light" dinner at Sage Moon which will include information about the AIDS services group. Lindsay Dorrier . The recently sponsored V ACO meeting at the Fluvanna Courthouse was very fruitful. Ken Boyd . The City is proposing to put together an emergency services task force to talk about the $1.0 million they put aside in their budget and how that would interact with CARS. The Mayor has contacted him to ask if the County would like to participate. Mr. Boyd will stay in touch 8 with the Mayor. 22. Adjourn to May 9, 2007 at 1 :30 p.m. · The meeting was adjourned at 6:26 p.m. to May 9,2007, 1 :30 p.m. in Lane Auditorium. /ewc Attachment 1 - Proclamation recognizing Emergency Medical Services Week Attachment 2 - Stony Point Volunteer Fire Company, Inc., Loan Agreement Attachment 3 - Regional Police Mutual Aid Agreement. Attachment 4 - Resolution - roads in Oak Hill Subdivision Attachment 5 - Resolution - roads in Logan's Run Subdivision Attachment 6 - Conditions for Planning Commission items Attachment 7 - Resolution of Intent-Critical Slopes Attachment 8 - Resolution of Intent-Safe and Convenient Access Attachment 9 - Resolution of Intent-Family Subdivision 9 WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, ATTACHMENT 1 EMERGENCY MEDICAL SERVICES WEEK emergency medical services is a vital public service; and the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and the emergency medical services system consists of communications officers, emergency medical technicians, firefighters, law enforcement officers, educators, administrators, emergency physicians and nurses, and others; and the members of emergency medical services teams, career and volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week; NOW, THEREFORE, BE IT RESOL VED, that I, Kenneth C. Boyd, Chairman on behalf of the Albemarle County Board of Supervisors, do hereby proclaim MA Y 20-26, 2007 as EMERGENCY MEDICAL SERVICES WEEK with the theme UT.!!!!!m EXTRAORDINARY SERVICE itI:!aI in Albemarle County, Virginia, and encourage the community to observe this week with appropriate programs, ceremonies, and activities. Signed and sealed this ~d day of May, 2007. 10 ATTACHMENT 2 SERVICE AGREEMENT THIS AGREEMENT, made this day of ,2007, by and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision, (the "County"), and the STONY POINT VOLUNTEER FIRE COMPANY, INC., a Virginia Corporation, (the "Fire Company"). WHEREAS, the Fire Company agrees to continue to provide valuable fire suppression services in Albemarle County in its delineated service area as set forth on the Response Area Maps located at the Emergency Communications Center ("Service Area"); and WHEREAS, the Fire Company desires the County to contribute Two Hundred Fifteen Thousand Seven Hundred Fifty Dollars ($215,750.00) to provide for renovations and improvements to their building and property located at 3827 Stony Point Road, Charlottesville, Virginia (County Tax Map 48 Parcel 18D) that are necessary to provide fire suppression services. NOW, THEREFORE, for and in consideration of the above stated premises, the County and Fire Company agree, as follows: 1. The County shall contribute to the Fire Company Two Hundred Fifteen Thousand Seven Hundred Fifty Dollars ($215,750.00) to be used to fund building improvements as identified in Attachment A of this agreement. The funds shall be allocated from the County's Capital Improvements Fund and will be appropriated to a County budget code dedicated to these projects. The County will work with the Fire Company to procure and manage the projects as stated in the Volunteer Fire Rescue Building Maintenance Funding Policy (Attachment B). 2. The Fire Company agrees that the County will withhold Seventeen Thousand Nine Hundred Eighty Dollars ($17,980.00) from the County's annual appropriation to the Fire Company's operating budget beginning July 2006 through July 2016 and Seventeen Thousand Nine Hundred Seventy Dollars ($17,970.00) in July 2017. Thus at the end of twelve (12) years, which is the term of this Agreement, a total of $215,750.00 shall be withheld. The Fire Company agrees that any amount of this repayment that may exceed the County's annual appropriation will be remitted to the County no later than July 31 of each repayment year. 3. The Fire Company agrees that it shall not convey any of the improved property or any interest therein to any party other than the County without the County's prior written consent during the term of this Service Agreement. In addition, the Fire Company agrees that any insurance proceeds received from a claim related to any damage to the property shall be used entirely for the immediate repair and improvement of the property unless the County expressly authorizes in writing a different use for such funds. 4. The Fire Company agrees that at such time as it no longer provides volunteer fire suppression in Albemarle County while operating under the jurisdiction of the County that it shall convey all of its interest in the property to the County at no additional cost to the County upon the County's request. 5. Nothing contained herein shall be construed to prevent additional appropriations by the County to the Fire Company, at the discretion of the County Board of Supervisors, to support, enhance, or augment the services to be provided by the Fire Company. 11 ATTACHMENT 3 REGIONAL MUTUAL AID AGREEMENT THIS AGREEMENT made this day of , 2007 by and between the COUNTY OF ALBEMARLE (the "County"), the TOWN OF GORDONSVILLE (the "Town"), the SHERIFF OF GREENE COUNTY, and the SHERIFF OF FLUVANNA COUNTY. WHEREAS, Va. Code 9915.2-1726 and 15.2-1730.1 authorize the governing bodies of a County and Town and Sheriffs to enter into reciprocal agreements for mutual aid for emergency purposes, for maintenance of peace and good order and for cooperation in the furnishing of police services; WHEREAS, the County, Town and the Sheriffs have determined that the provision of police aid across jurisdictional lines will increase their ability to respond to law enforcement emergencies involving immediate threats to life or public safety in their respective jurisdictions, and will assist them in the preservation of public safety and welfare of the entire area; WHEREAS, it is deemed to be mutually beneficial to the parties hereto to enter into an agreement concerning mutual aid and cooperation with regard to law enforcement; and WHEREAS, the parties hereto desire that the terms and conditions of the Regional Mutual Aid Agreement (the "Agreement") be established. NOW THEREFORE, for and in consideration of the mutual benefits to be derived from this Agreement, the parties hereto covenant and agree as follows: 1. Each party will endeavor to provide police support to the parties to this Agreement within the capabilities available at the time the request for such support is made and within the terms of this Agreement. 2. Requests for assistance pursuant to the terms and conditions of this Agreement shall be initiated by the requesting party's on-duty commander, bureau commander, their respective designees or the highest-ranking officer on-duty at the time of the request. 3. To the extent feasible, the requesting party shall be responsible for designating a communications system for use by the requested party. 4. The personnel of the requested party shall render such assistance under the direction of the Chief of Police/Sheriff or other principal law enforcement officer of the requested party, or their designees. 5. Law enforcement support provided pursuant to this Agreement shall include, but not be limited to, the following resources: uniformed officers, canine officers, forensic support, plainclothes officers, special operations personnel and related equipment. 6. The decision whether to provide law enforcement support under this Agreement shall at all times remain within the discretion of the requested agency. Nothing contained in this Agreement should in any manner be construed to compel any of the parties hereto to respond to a request for law enforcement support when the personnel of the party to whom the request is made are, in the opinion of the requested party, needed or are being used within the boundaries of their jurisdiction, nor shall any such request compel the requested party to continue to provide police support to another party when its police personnel or equipment, in the opinion of the requested party, are needed for other duties within the boundaries of its own jurisdiction. 7. The responsibility for investigation and subsequent actions within the requesting jurisdiction shall remain with the law enforcement agency of the requesting party. Entering law enforcement personnel shall promptly notify the agency of the entered jurisdiction upon discovery of a crime in the jurisdiction where the offense occurred. 12 8. Officers acting pursuant to this Agreement shall be granted authority to enforce the laws of the Commonwealth of Virginia and to perform the other duties of a law enforcement officer, such authority shall be in conformance with Va. Code 99 15.2-1724, 15.2-1726, 15.2-1730 and 15.2-1730.1 as may be applicable; however, law enforcement officers of any jurisdiction who might be casually present in any other jurisdiction shall have power to apprehend and make arrests only in such instances where an apparent, immediate threat to public safety precludes the option of deferring action to the local law enforcement agency. 9. When performing police duties in a requesting jurisdiction pursuant to the provisions of this Agreement, each law enforcement officer, agent, and other employee of the parties hereto shall have the same police powers, rights and privileges, including the authority to make arrests, as the officers, agents or employees have in the jurisdiction where they were appointed. 10. Pursuant to Va. Code 9 15.2-1724, the services performed and expenditures made under this Agreement shall be deemed to be for public and governmental purposes and all immunities afforded to the requested jurisdiction when acting within its boundaries shall extend to its participation in rendering assistance outside its boundaries to a requesting jurisdiction. For the purposes of this Agreement, the requested party that responds to a request for assistance is rendering aid once it has entered the jurisdictional boundaries of the requesting party pursuant to the provisions herein. 11. All immunities from liability, exemptions from laws, ordinances and regulations, pension, relief, disability, worker's compensation, life and health insurance, and other benefits enjoyed by law enforcement officers, agents and other employees of each party shall extend to the services they perform under this Agreement outside their respective jurisdictions. Each party agrees that the provision of these benefits shall remain the responsibility of the primary employing party. 12. To the extent permitted by the laws of the Commonwealth of Virginia, each party hereto, in activities involving the rendering of assistance to a requesting party pursuant to this Agreement, shall (i) waive any and all claims against all other parties to this Agreement which may arise out of such parties' activities outside their respective jurisdictions, and (ii) be responsible for the acts or omissions of its law enforcement officers, agents and other employees causing harm to persons not a party to this Agreement. Nothing herein shall be deemed as an expressed or implied waiver of the sovereign immunity of the parties to this Agreement. 13. The parties to this Agreement shall not be liable to each other for reimbursement for injuries to personnel or damage to equipment incurred when going to or returning from another jurisdiction. Neither shall the parties hereto be liable to each other for any other costs associated with, or arising out of, the rendering of assistance pursuant to this Agreement, unless the parties expressly agree otherwise in advance of the provision of assistance under this Agreement. 14. This Agreement sets forth the complete agreement relating to the provision of mutual police services among the parties hereto. However, nothing herein shall affect the enforceability of separate mutual aid agreements entered into by the County. 15. Any of the parties hereto may withdraw from this Agreement by giving ninety (90) days written notice to that effect to the other parties. 16. This Agreement is subject to the approval of the governing bodies of the County of Albemarle and Town of Gordonsville and the Sheriffs of the County of Fluvanna and the County of Green. WHEREBY, the parties hereto have executed this Regional Mutual Aid Agreement, by their authorized representatives, whose signatures are set forth following below as of the day and year first set forth above. 13 ATTACHMENT 4 The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 2nd day of May 2007, adopted the following resolution: RESOLUTION WHEREAS, the street(s) in Oak Hill Subdivision, as described on the attached Additions Form AM-4.3 dated May 2, 2007, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County. Virqinia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street(s) meet the requirements established by the Subdivision Street Reauirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the street(s) in Oak Hill Subdivision, as described on the attached Additions Form AM-4.3 dated May 2, 2007, to the secondary system of state highways, pursuant to 933.1-229 and to 933.1-82, Code of Virginia, and the Department's Subdivision Street Reauirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ***** The road(s) described on Additions Form AM-4.3 is: 1) Mavmont Drive (State Route 1291) from the intersection of Route 1113 (Oak Hill Drive) to the intersection of Route 1292 (Maymont Court), as shown on plat recorded 03/04/2005 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2932, pages 70-88, with a 50-foot right-of-way width, for a length of 0.08 miles. 2) Mavmont Court (State Route 1292) from .01 miles south of Route 1291 (Maymont Drive) to the cul-de-sac, as shown on plat recorded 03/04/2005 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2932, pages 70-88, with a 40-foot right- of-way width, for a length of 0.07 miles. Total Mileage - 0.15 14 ATTACHMENT 5 The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 2nd day of May 2007, adopted the following resolution: RESOLUTION WHEREAS, the street(s) in Logan's Run Subdivision, as described on the attached Additions Form AM-4.3 dated May 2,2007, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, VirQinia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street(s) meet the requirements established by the Subdivision Street Reauirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the street(s) in Logan's Run Subdivision, as described on the attached Additions Form AM-4.3 dated May 2, 2007, to the secondary system of state highways, pursuant to S33.1-229 and to S33.1-82, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ***** The road(s) described on Additions Form AM-4.3 is: 1) Moriah Way (State Route 1053) from the intersection of Route 616 (Black Cat Road) to the cul-de-sac, as shown on plat recorded 09/29/2003 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2602, pages 379-385, with a 50-foot right-of- way width, for a length of 0.55 miles. Total Mileage - 0.55 15 ATTACHMENT 6 Conditions of Approval for Plannina Items 16. PROJECT: SP-2004-050. Flow Automotive Companies Sales and Displav (Sian #60). 1. Vehicles shall not be elevated anywhere on site; 2. Vehicles shall be displayed only in areas indicated for display shown on the site plan entitled "Flow Automotive," prepared by the Collins Engineering, dated April 2, 2007; 3. Display parking shall be only in designated striped parking spaces as identified on this plan; 4. Final site plan approval is subject to ARB approval of the landscape plan (submitted with the site plan). Landscaping shown on the plan may be required to be in excess of the minimum requirements of ARB guidelines or the Zoning Ordinance to compensate for the negative visual impact of the proposed use, particularly regarding the retaining wall on the west side of the property; 5. Final site plan approval is subject to the recordation of easements for ingress/egress, as well as the installation, maintenance and use of parking spaces, planter islands, and landscaping on adjacent parcels (Tax Map 78, Parcels 15D and 15E); and 6. Final site plan approval is subject to ARB approval of the lighting plan (which shall be submitted with the site plan). Maximum light levels on site shall not exceed 30 foot candles. Maximum spillover lighting requirements must also be met. 17. PROJECT: SP 2007-009. Little Keswick School Amendment (Sians #101&102). 1. Special Use Permit 2007-09 shall be limited to the use of a maximum two (2)-story residential facility the "New Dorm" for students enrolled in the Little Keswick School and for the conversion of the existing "Barn Dorm" to non-residential uses, such as office, recreational, storage, meeting area, or other similar uses. The "New Dorm" shall be located and developed in general accord with the concept plan, titled, "Little Keswick School, Concept Plan" (Attachment A-copy on file in Clerk's office) dated February 16, 2007 (last revision date) (the "Concept Plan"). However, the Zoning Administrator may approve revisions to the Concept Plan to allow compliance with the Zoning Ordinance; 2. Maximum enrollment of students shall be limited to thirty-five (35). Any increase in enrollment shall require an amendment to this special use permit and may require entrance improvements subject to Virginia Department of Transportation requirements; 3. The existing dorm, labeled "Barn Dorm" on the concept plan (Attachment A) shall be subject to review by the Building Official prior to conversion of the existing use to any other use; 4. Construction shall commence within five (5) years of the date of approval of SP-2007-09; 5. Along the shared property line of Tax Map 80-118 and TMP 80-114A (the adjacent neighbor), between the soccer field and the fence, a planting material screen of approximately one hundred twenty-four (124) feet in length and seventeen (17) feet in width shall be established and maintained on TMP 80-118. The planting materials shall consist of a minimum of seventeen (17) Leyland Cypress, each a minimum of eight (8) feet in height, and shall be planted approximately six (6) feet on center; and 6. Along the shared property line of Tax Map 80-110, TMP 80-11 OA and TMP 80-114A (the adjacent neighbor), a plant material screen of approximately three hundred forty (340) feet in length and forty (40) feet in width between the existing gym building and TMP 80-11 OA shall be established and maintained on TMP 80-110 and a portion of TMP 80-110A. Starting at the gym and proceeding toward TMP 80-11 OA, the first two hundred sixty (260) feet in length shall be planted with a minimum of forty-five (45) Juniperus Virginiana, each a minimum of eight (8) feet in height, and shall be planted approximately six (6) feet on center. The remaining eighty (80) feet in length shall be planted with a minimum of thirteen (13) Leyland Cypress, each a minimum of six (6) feet in height, and shall be planted approximately six (6) feet on center. 16 18. SP-2006-043. Field School (Sians #35,36&39). 1. Maximum enrollment shall be forty-eight (48) students; 2. Hours of operation for the school shall be from 7:30 a.m. to 6:00 p.m., Monday through Friday; 3. The school is limited to existing buildings and park grounds as indicated on the concept plan (Attachment C-copy on file in Clerk's office). Any additional building or site changes for the school use will require an amendment to this Special Use Permit (SP-2006-043); 4. Prior to issuance of a Zoning clearance for the private school use, water line dedications to the satisfaction of the Albemarle County Service Authority are required; 5. The playgrounds and the park grounds, with the exception of the Community Building, will remain open and available for public use during the hours of school operation; 6. The athletic fields at the park shall not be available for the school's use after 4:00 p.m. on weekdays and shall not be available on weekends; 7. The athletic fields shall not be available for school use when closed by the Department of Parks and Recreation for inclement weather, overuse, fields restoration, or when any other scheduled use is authorized by the Department of Parks and Recreation; 8. The school use may begin and continue only if the Crozet Park covenants and restrictions allow the use; 9. Special Use Permit 2006-043 shall be valid until June 30, 2009; and 10. Shuttle bus service for students to and from school shall be provided each school day. 17 ATTACHMENT 7 RESOLUTION OF INTENT WHEREAS, the purposes of Section 4.2, Critical Slopes, of the Zoning Ordinance are to direct development away from critical slopes to more suitable terrain in order to protect and conserve critical slopes, public drinking water supplies and flood plain areas, and to reduce soil erosion, sedimentation, water pollution and septic disposal problems associated with the disturbance of critical slopes; and WHEREAS, Section 4.2 establishes minimum requirements for the location of improvements and delineates several exemptions, including an exemption in Section 4.2.6 for accessways (driveways and roads) where no reasonable alternative location or alignment exists; and WHEREAS, Section 4.2.5 allows modifications and waivers to be granted from the critical slopes requirements under prescribed circumstances, subject to reasonable conditions designed to mitigate the adverse impacts otherwise resulting from the disturbance of critical slopes; and WHEREAS, in order to better achieve the purposes of Section 4.2, it is desired to allow the disturbance of critical slopes to establish an accessway only if the landowner obtains a modification or waiver, with reasonable conditions, rather than an exemption. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Albemarle County Planning Commission hereby adopts a resolution of intent to amend Section 4 and any other regulations of the Zoning Ordinance as described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date. 18 ATTACHMENT 8 RESOLUTION OF INTENT WHEREAS, although the Zoning Ordinance requires safe and convenient access for developments subject to a site plan (Section 32) and parking lots (Section 4.12), and the Subdivision Ordinance imposes minimum design standards for public and private streets to allow safe travel, there are no such minimum standards for driveways to residences in the Rural Areas zoning district; and WHEREAS, in order to better protect the public safety, it is desired to require that driveways in the Rural Areas zoning district be designed and constructed to assure that fire and rescue vehicles can safely access a residence. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Albemarle County Planning Commission hereby adopts a resolution of intent to amend Section 4 and any other regulations of the Zoning Ordinance as described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date. 19 ATTACHMENT 9 RESOLUTION OF INTENT WHEREAS, one of the key purposes of the family subdivision regulations is to promote the cohesiveness of the family; and WHEREAS, the Rural Areas Plan (the "Plan") was adopted by the Board of Supervisors as part of the Albemarle County Comprehensive Plan on March 2, 2005, and it states that one way to discourage the transfer of lots created by a family subdivision to someone who is not a member of the immediate family is to increase the period the parcel to be subdivided must be owned by the family member before it may be subdivided, and to increase the period each family subdivision lot must be owned by the grantee of a lot created by a family subdivision before it may be transferred to someone who is not a member of the immediate family; and WHEREAS, Albemarle County Code S 14-212 requires that the grantee of a lot created by a family subdivision not transfer the lot to someone who is not a member of the immediate family for two years from the date of recordation of the plat; and WHEREAS, in order to better promote the purposes of the family subdivision regulations and to discourage their abuse, it is desired to amend the Subdivision Ordinance to establish a period by which a landowner must own a parcel before it may be subdivided by family subdivision, to extend the period prohibiting the transfer of a lot created by family subdivision to someone who is not a member of the immediate family beyond the current two-year period, and to adopt such other regulations to assure that these requirements are satisfied. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good land development practices, the Board of Supervisors hereby adopts a resolution of intent to amend Albemarle County Code S 14-212 and any other regulations of the Subdivision Ordinance deemed appropriate to achieve the purposes described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the subdivision text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date. 20 REGIONAL MUTUAL AID AGREEMENT THIS AGREEMENT made this 19th day of June, 2007 by and between the COUNTY OF ALBEMARLE (the "County"), the TOWN OF GORDONSVILLE (the "Town"), the SHERIFF OF GREENE COUNTY, and the SHERIFF OF FLUV ANNA COUNTY. WHEREAS, Va. Code SS 15.2-1726 and 15.2-1730.1 authorize the governing bodies ofa County and Town and Sheriffs to enter into reciprocal agreements for mutual aid for emergency purposes, for maintenance of peace and good order and for cooperation in the furnishing of police servIces; WHEREAS, the County, Town and the Sheriffs have determined that the provision of police aid across jurisdictional lines will increase their ability to respond to law enforcement emergencies involving immediate threats to life or public safety in their respective jurisdictions, and will assist them in the preservation of public safety and welfare of the entire area; WHEREAS, it is deemed to be mutually beneficial to the parties hereto to enter into an agreement concerning mutual aid and cooperation with regard to law enforcement; and WHEREAS, the parties hereto desire that the terms and conditions of the Regional Mutual Aid Agreement (the "Agreement") be established. NOW THEREFORE, for and in consideration of the mutual benefits to be derived from this Agreement, the parties hereto covenant and agree as follows: 1. Each party will endeavor to provide police support to the parties to this Agreement within the capabilities available at the time the request for such support is made and within the terms of this Agreement. 2. Requests for assistance pursuant to the terms and conditions of this Agreement shall be initiated by the requesting party's on-duty commander, bureau commander, their respective designees or the highest-ranking officer on-duty at the time of the request. 3. To the extent feasible, the requesting party shall be responsible for designating a communications system for use by the requested party. 4. The personnel of the requested party shall render such assistance under the direction of the Chief of Police/Sheriff or other principal law enforcement officer of the requested party, or their designees. 5. Law enforcement support provided pursuant to this Agreement shall include, but not be limited to, the following resources: uniformed officers, canine officers, forensic support, plainclothes officers, special operations personnel and related equipment. 6. The decision whether to provide law enforcement support under this Agreement shall at all times remain within the discretion of the requested agency. Nothing contained in this Agreement should in any manner be construed to compel any of the parties hereto to respond to a request for law enforcement support when the personnel of the party to whom the request is made are, in the opinion of the requested party, needed or are being used within the boundaries of their jurisdiction, nor shall any such request compel the requested party to continue to provide police support to another party when its police personnel or equipment, in the opinion of the requested party, are needed for other duties within the boundaries of its own jurisdiction. 7. The responsibility for investigation and subsequent actions within the requesting jurisdiction shall remain with the law enforcement agency of the requesting party. Entering law enforcement personnel shall promptly notify the agency of the entered jurisdiction upon discovery of a crime in the jurisdiction where the offense occurred. 8. Officers acting pursuant to this Agreement shall be granted authority to enforce the laws of the Commonwealth of Virginia and to perform the other duties of a law enforcement officer, such authority shall be in conformance with Va. Code 99 15.2-1724,15.2-1726,15.2-1730 and 15.2- 1730.1 as may be applicable; however, law enforcement officers of any jurisdiction who might be 2 casually present in any other jurisdiction shall have power to apprehend and make arrests only in such instances where an apparent, immediate threat to public safety precludes the option of deferring action to the local law enforcement agency. 9. When performing police duties in a requesting jurisdiction pursuant to the provisions of this Agreement, each law enforcement officer, agent, and other employee of the parties hereto shall have the same police powers, rights and privileges, including the authority to make arrests, as the officers, agents or employees have in the jurisdiction where they were appointed. 10. Pursuant to Va. Code S 15.2-1724, the services performed and expenditures 111adeunder this Agreement shall be deemed to be for public and governmental purposes and all immunities afforded to the requested jurisdiction when acting within its boundaries shall extend to its participation in rendering assistance outside its boundaries to a requesting jurisdiction. For the purposes of this Agreement, the requested party that responds to a request for assistance is rendering aid once it has entered the jurisdictional boundaries of the requesting party pursuant to the provisions herein. 11. All immunities from liability, exemptions from laws, ordinances and regulations, pension, relief, disability, worker's compensation, life and health insurance, and other benefits enjoyed by law enforcement officers, agents and other employees of each party shall extend to the services they perform under this Agreement outside their respective jurisdictions. Each party agrees that the provision of these benefits shall remain the responsibility of the primary employing party. 12. To the extent permitted by the laws of the Commonwealth of Virginia, each party hereto, in activities involving the rendering of assistance to a requesting party pursuant to this Agreement, shall (i) waive any and all claims against all other parties to this Agreement which may arise out of such parties' activities outside their respective jurisdictions, and (ii) be responsible for the acts or omissions of its law enforcement officers, agents and other employees causing hann to persons not a 3 party to this Agreement. Nothing herein shall be deemed as an expressed or implied waiver of the sovereign immunity of the parties to this Agreement. 13. The parties to this Agreement shall not be liable to each other for reimbursement for injuries to personnel or damage to equipment incurred when going to or returning from another jurisdiction. Neither shall the parties hereto be liable to each other for any other costs associated with, or arising out of, the rendering of assistance pursuant to this Agreement, unless the parties expressly agree otherwise in advance of the provision of assistance under this Agreement. 14. This Agreement sets forth the complete agreement relating to the provision of mutual police services among the parties hereto. However, nothing herein shall affect the enforceability of separate mutual aid agreements entered into by the County. 15. Any of the parties hereto may withdraw from this Agreement by giving ninety (90) days written notice to that effect to the other parties. 16. This Agreement is subject to the approval of the governing bodies of the County of Albemarle and Town of Gordonsville and the Sheriffs ofthe County of Fluvanna and the County of Green. WHEREBY, the parties hereto have executed this Regional Mutual Aid Agreement, by their authorized representatives, whose signatures are set forth following below as of the day and year first set forth above. COUNTY OF ALBEMARLE By: SHERIFF OF FLUV ANNA COUNTY TOWN OF GORDONSVILLE SHERIFF OF GREENE COUNTY By Its: 4 party to this Agreement. Nothing herein shall be deemed as an expressed or implied waiver of the sovereign immunity of the parties to this Agreement. 13. The parties to this Agreement shall not be liable to each other for reimbursement for injuries to personnel or damage to equipment incurred when going to or returning from another jurisdiction. Neither shall the parties hereto be liable to each other for any other costs associated with, or arising out of, the rendering of assistance pursuant to this Agreement, unless the parties expressly agree otherwise in advance of the provision of assistance under this Agreement. 14. This Agreement sets forth the complete agreement relating to the provision of mutual police services among the parties hereto. However, nothing herein shall affect the enforceability of separate mutual aid agreements entered into by the County. 15. Any ofthe parties hereto may withdraw from this Agreement by giving ninety (90) days written notice to that effect to the other parties. 16. This Agreement is subject to the approval of the governing bodies of the County of Albemarle and Town of Gordonsville and the Sheriffs of the County of Fluvanna and the County of Green. WHEREBY, the parties hereto have executed this Regional Mutual Aid Agreement, by their authorized representatives, whose signatures are set forth following below as of the day and year first set forth above. COUNTY OF ALBEMARLE Robert W. Tucker, Jr. County Executive SHE; OF~.COUNTY c~/;fj~ ' By: TOWN OF GORDONSVILLE SHERIFF OF GREENE COUNTY By Its: 4 party to this Agreement. Nothing herein shall be deemed as an expressed or implied waiver of the sovereign immunity of the parties to this Agreement. 13. The parties to this Agreement shall not be liable to each other for reimbursement for injuries to personnel or damage to equipment incurred when going to or returning from another jurisdiction. Neither shall the parties hereto be liable to each other for any other costs associated with, or arising out of, the rendering of assistance pursuant to this Agreement, unless the parties expressly agree otherwise in advance of the provision of assistance under this Agreement. 14. This Agreement sets forth the complete agreement relating to the provision of mutual police services among the parties hereto. However, nothing herein shall affect the enforceability of separate mutual aid agreements entered into by the County. 15. Any of the parties hereto may withdraw from this Agreement by giving ninety (90) days written notice to that effect to the other parties. 16. This Agreement is subject to the approval of the governing bodies of the County of Albemarle and Town of Gordonsville and the Sheriffs of the County of Fluvanna and the County of Green. WHEREBY, the parties hereto have executed this Regional Mutual Aid Agreement, by their authorized representatives, whose signatures are set forth following below as of the day and year fIrst set forth above. COUNTY OF ALBEMARLE SHERIFF OF FLUV ANNA COUNTY By: Robert W. Tucker, Jr. County Executive TOWN OF GORDONSVILLE SHERIFF OF GREENE COUNTY . By Its: /YJr ~r)( ~ 4 party to this Agreement. Nothing herein shall be deemed as an expressed or implied waiver of the sovereign immunity of the parties to this Agreement. 13. The Parties to this Agreement shall not be liable to each other for reimbursement for injuries to personnel or damage to equipmeot inconed when going to or returning from annther jurisdiction. Neither shall the parties hereto be liable to each other for any other costs associated with, or arising out of, the rendering of assistance pursnant to this Agreement, unless the parties expressly agree otherwise in advance of the provision of assistance under this Agreement. 14. This Agreement se~s forth the complete agreement relating to the provision of mutual police services among the parties bereto. Hnwever, nothing herein shall affect the enforceability of separate mutual aid agreements entered into by the County. 15. Any of the parties hereto may withdraw from this Agreement by giving ninety (90) days written notice to that effect to the other parties. 16. This Agreement is subject to the approval of the governing bodies of the County of Albemarle and Town of Gocdonsville and the Sheriffs of the County of Auvanna and the County of Green. WHEREBY, the Parties hereto have executed this Regional Mutual Aid Agreement, by their authorized representatives, whose signatures are set forth follOwing below as of the day and year first set forth above. COUNTy OF ALBEMARLE SHERIFF OF FLUV ANNA COUNTY By: Robert W. Tucker, Jr. County Executive TOWN OF GORDONSVILLE SHERIFF OF GREENE COUNTY By Its: ~<<~ 4 It is my great pleasure on behalf of the Board of Supervisors to recognize Albemarle County employee Juandiego Wade, who has received the prestigious 2007 John L. Snook Child Advocate Award from Children, Youth and Family Services (CYFS). Juandiego has been employed as a transportation planner by the County since 1991, and his volunteer contributions to the community range from intensive support of individual children to high level public policy development and implementation While the list of his accomplishments is very long, I would like to highlight a few particularly outstanding achievements. In 1991, Juandiego and several fellow alumni members of the Alpha Phi Alpha Fraternity created Alpha Journeymen, an intensive mentoring program for local boys. Juandiego has been the Director and lead mentor since the Journeymen were created. He has personally mentored five young men for more than twelve years. They are all adults now, either enrolled in school or working full time. His tireless support of the Journeymen has made a real difference in their lives- providing young men with strong male role models, productive and enriching activities, and instilling a sense of hope and pride. Juandiego also has been a Sunday School teacher and Youth Group leader at Olivet Presbyterian Church for six years. In this capacity, he has supported the development of dozens of children. He has lead youth mission trips to Mexico and Ireland, with another trip to Mexico planned for the coming summer. In addition to his many hours of service and support to individual children through Alpha Journeymen and Olivet Church, Juandiego has worked tirelessly to improve conditions for local children and their families on a broader level. He has served the Charlottesville/Albemarle Commission on Children and Families in a number of EMERGENCY MEDICAL SERVICES WEEK WHEREAS, emergency medical services is a vital public service; and WHEREAS, the members of emergeno} medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recoven} rare of those who experience sudden illness or injury; and WHEREAS, the emergency medical services system consists of communications officers, emergency medical technicians, firefighters, law enforcement officers, educators, administrators, cmergeno} physicians and nurses, and others; and WHEREAS, the members of emergeno} medical services teams, career and volunteer, engage irz thousands of hours of speciali::ed training and continuing education to enhance their lifesaving skills: and WHEREAS, it is appropriate to recogni::e the value and the accomplishments of emergency mediml services providers by designating Emergeno} Medical Semices Week; NOW, THEREFORE, BE IT RESOL VED, that I, Kenneth C. BOl}d, Chairman on behalf of the Albemarle Counh} Board of Supervisors, do hereby proclaim MA Y 20-26,2007 as EMERGENCY MEDICAL SERVICES WEEK with the theme Exr!!!!m EXTRAORDINARY SERVICE ~ in Albemarle County, Virginia, and encourage the communih} to observe this week with appropriate programs, ceremonies, and activities. Signed and sealed this 2"d day of May, 2007. Kenneth C. Boyd, Chairman Albemarle Board of County Supervisors I ] Creciendo Juntos.Growing Together, The Legal Aid Justice Center Family Resource Clinic, and the International Rescue Committee Present: Language Barriers or Language Access? A Half-Day Workshop On Ensuring Access to Services for Persons with Limited English Proficiency (LEP) Ireta ooul lrimro ~i"'FiiF "J Mng~i: ~gzQl"Qlvia .. II '" ""., "' ~ ''''' ","" I f tJ tfJt t. -1\" 'f' 1 t Date: Thursday, May 24,2007 Time: 9:00 a.m. to 12:00 p.m. Where: Albemarle County Office Building, 1600 5th 51. Extended (at Old Lynchburg Rd.) This important workshop, which in- cludes a presentation from national LEP expert Paul Cushing of the U.S. HHS, will give your organization the information and tools it needs to meet the needs of LEP clients and patients. Learn ... · What your organization needs to do to comply with the law · How you can tap into government and private funding sources to pay for LEP services at your organization · What other local organizations have I adopted as LEP best practice models Please RSVP by May 18th to the IRe at 979-7772 or susan.donovan@ttleirc.org Page 1 of2 Ella Carey From: League of Women Voters C-A [Iwv@avenue.org] Sent: Tuesday, April 24, 20073:39 PM To: Board of Supervisors members Subject: Support of Identification of Sustainable Population Range Albemarle County Board of Supervisors Dennis Rooker, Chair Ken Boyd, Vice-chair Lindsay Dorrier David Slutsky Sally Thomas David Wyant County Office Building 401 McIntyre Road Charlottesville, VA 22902 April 24, 2007 Dear Supervisors, The Charlottesville-Albemarle League of Women Voters supports an initiative to identifY a sustainable optimal population size (or range) for the Charlottesville-Albemarle community and to use this figure to help guide planning. We recommend that this be done in collaboration with the City and with the University. It is worth noting that, after a series of community-wide visioning forums in the early 1990's, the Planning and Coordination Council (P ACC) agreed to coordinate their planning process with common visions, data profile, schedule, and format. Surely the visioning of a sustainable population size (or range) should involve all three entities. This request is in line with the League's March 28,2003 recommendation that the Rural Areas section of the Comprehensive Plan include a policy on population size. The request is also in line with the 1998 Sustainability Accords which have been approved by the League and included in the Natural Resources and Cultural Assets Chapter of Albemarle county's comprehensive Plan adopted by the Board on March 3,1999. (See pages 3 and 4 in the introduction to that chapter.) Underlying the Accords, one of the principles stated: "In a Sustainable Community, the members understand that there are limits to growth". One of the Accords was to "Strive for a size and distribution of human population which will preserve the vital resources of the Region for future generations." Now, eight years later, it is time to heed the plea of the Sustainability Council to "make sustainability a reality". It is time for Albemarle County residents, as responsible stewards of our resources, to determine the size and scale of the community we want. This determination should be based on sound data which show the relationships between numerous variables and specific population densities. The variables to be studied might include: water quality and quantity; air purity; traffic; schools; jobs; health care; housing (including affordable housing); biodiversity and taxes. An example of such data was a key finding in Stream Watch's 2006 report. The report states that" 5/1 0/2007 Page 2 of2 When watersheds reach about 210 people per square mile (approximately 1 dwelling per 7 acres) stream biological impairment becomes persistent (very difficult to correct)." The League recognizes that some data on variables already exist in the community and that some variables will need considerable research. We also recognize that there are variables that are not amenable to data collection, but this should not deter the overall project.. The task is certainly formidable, but the League believes that the effort to define Albemarle County's optimal sustainable size will enrich residents' discussion about the future of the community and will provide an invaluable framework for wise decision making. If we in the League can be of service to you as you undertake this important and innovative step, do not hesitate to ask. Sincerely, Nancy Button, President Hard copies will follow via USPS 5/10/2007 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 David L Slutzky Rio Sally H. Thomas Samuel Miller Lindsay G. Dorrier, Jr. ScotlsviUe Dennis S. Rooker Jack Jouett David C. Wyant White Hall April 24, 2007 The Honorable David Brown, Mayor City of Charlottesville P. O. Box 911 Charlottesville, Virginia 22901 Dear Mayor Brown: In response to our recent discussions with Delegate Toscano and VDOT representatives regarding transportation issues, on behalf of the Albemarle County Board of Supervisors, I would like to convey the extent of our Board's commitment to improving transportation in the region. I appreciate this opportunity to share with you and City Council the details of our transportation initiatives, some of which have not received a great deal of public notice and may not have come to your attention, yet we feel demonstrate a real sense of urgency about our support for transportation alternatives that will truly make a difference for the community as a whole. In addition to the Board's ongoing commitment to transportation through participation in regional planning efforts, the Board has also made significant commitment to transportation improvements through its strategic planning and budget approvals. In July of 2006, the Board approved the County's Strategic Plan that included an objective specifically focused on transportation improvements. That objective states that the County will "expand regional transit opportunities, while accelerating the completion of the Meadow Creek Parkway, 2 local, and 2 regional transportation projects." In addressing this strategic priority, the examples below demonstrate the efforts underway by the County. These recent actions represent a local investment of approximately $2.0 mil/ion, excluding state and federal dollars and private funds acquired through the rezoning process. Beyond these specific items, additional funds have also been budgeted over the five years of the County's Capital Improvements Plan (CIP) to address both local and regional transportation priorities. · The County regularly participates in VDOT's revenue sharing program by providing an annual local match of up to $1,000,000 to help expedite projects in the Six-Year Secondary Road Plan. This year the County increased its match to $1,500,000. · The Board has taken action to transfer revenue sharing funds (VDOT share and the County's match) from other road projects to the Meadow Creek Parkway to ensure the project is funded and the 2008 construction date is maintained. · The regional projects targeted for this objective are the Eastern Connector and Southern Parkway. The County has already contributed equally (approximately $245,000) to the Eastern Connector study currently underway with the City of Charlottesville. · The County has contributed approximately $300,000 to a joint public-private partnership with VDOT and Luck Stone to advance improvements to the U.S. 250 EasVRoute 22 intersection improvements. * Printed on recycled paper . The County has funded the construction of pedestrian safety improvements on Hillsdale Drive, including approximately $250,000 from a state grant. This pedestrian safety and traffic management/calming improvement is an important first stage in the ultimate improvement extending Hillsdale Drive to Hydraulic Road in the City and critical to sustaining community support for this extension project. . The County has included within its Comprehensive Plan important transportation improvements identified through joint planning studies with the City and/or University, including the Avon Street-Fifth Street Connector Road north of 1-64 (Southern City/County Neighborhood Study) and the Sunset Avenue-Fontaine Avenue Connector Road (Southern Urban Area B Study). . The County is continuing to seek commitments in new development to address impacts to the region's transportation network. The Avon Street-Fifth Street Connector will be required to be built in its entirety as part of a commercial development currently under review on this site. The Sunset- Fontaine Connector Road has been identified in the County Planning Commission's recommended amendment to the Comprehensive Plan as a required improvement for the development of the "Granger" tract and expansion of the Fontaine Research Park. Several million dollars in transportation improvement and transit development funds are being sought as part of the Biscuit Run to address transportation needs in both the City and County, which could be available for future projects such as improvements to Old Lynchburg Rd. in the City, the Sunset-Fontaine Connector and the Southern Parkway, among others. . .Proffers potentially totaling over $4,500,000 have been accepted for transportation improvements as part of the approval of the Albemarle Place development, including improvements to Route 29 and Hydraulic Road as well as traffic calming measures in the adjacent City neighborhoods,. . In the past year, County Supervisors have participated with City Councilors in discussions to create a regional transit authority to improve public transit in the region. In support of this effort, the Board has approved an additional $250,000 in its FY08 budget to enhance CTS service. . The County has sought to improve the area's transportation network by engaging with its citizens and regional partners in several efforts that combine land use and transportation planning, such as the 29H250 study and current Places29 study. . Recognizing the increasing interest in multi-modal transportation opportunities, the county continues to invest significant energy and resources towards trail and greenway development and other options to support bicycle and pedestrian pathways, as an example we are currently working in partnership with the City's Parks and Recreation Department to co-locate sections of the proposed bicycle path encircling the city on sections of county pathways where appropriate. We hope the City Council recognizes all of these actions as a commitment to addressing the region's transportation needs and we encourage the City to continue to work in partnership with the County to improve transportation for County and City citizens. Sincerely, (L Kenneth C. Boyd Chairman KCB/dbm 07.003 pc: ~onorable Albemarle County Board of Supervisors Mr. Robert W. Tucker, Jr. The Honorable DavJd J. Toscano Morteza Salehi, PH.D., VDOT Mr. Allan D. Sumpter, VDOT COUNTY OF ALBEMARLE . EXECUTIVE SUMMARY AGEND TITLE: Stony Po'nt VFD Loan Agreement AGENDA DATE: May 2, 2007 SUBJEC /PROPOSALlREQUEST: Approval for the County Executive to sign agreeme t to loan Stony Pont VFD funds for building i provement ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: ~ I BACKG OUND: On April 5, 2006, the Board approved a plan to appropriate funding from the FY06/07 CIP fund balance for a $215,750 no- interest 10 n to the Stony Point VFD for various building renovation projects needed to maintain or ensure services. The loan was i addition to a County grant to Stony Point VFD for $239,736 to repairlreplace the fire department's roof, parking lot, and VAC system. Staff recommended that the loan be paid back over 12 years through an annual payment of .17,980 er year. On June ,2006, the Board adopted a resolution appropriating the funds. Prior to transferring the loan funds, a Service Agreeme t is necessary to define the terms and conditions of the loan. IC PLAN: e Quality of Life for all Albemarle County Residents. DISCUSS ON: General S rvices is in the process of implementing the projects associated with the grant funding and planning work has been com leted on the projects associated with the no-interest loan. However, before the work can proceed on the projects associate with the loan, a service agreement is necessary to define the terms and conditions of the loan. Staff prep red the attached Service Agreement which was shared with Stony Point VFD's chief and administration staff. The agree ent defines the basic terms of the loan: $215,750 no-interest loan, paid back over 12 years through an annual payment $17,980 per year. The Agreement was reviewed and signed by Stony Point VFD's chief. BUDGET MPACT: No additio al budget impact. RECOMM NDATIONS: Staff reco mends that the Board authorize the County Executive to sign the loan agreement on behalf of the County. of Albemarle Vir inia and Ston Point Volunteer Fire Com an Inc. Attachment A SERVICE AGREEMENT . THIS AGREEMENT, made this day of ,2007, by and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision, (the "County"), and the STONY POINT VOLUNTEER FIRE COMPANY, INC., :1 Virginia Corporation, (the "Fire Company"). WHEREAS, the Fire Company agrees to continue to provide valuable fire suppression services in Albemarle County in its delineated service area as set forth on the Response Area Maps located at the Emergency Communications Center ("Service Area"); and WHEREAS, the Fire Company desires the County to contribute Two Hundred Fifteen Thousand Seven Hundred Fifty Dollars ($215,750.00) to provide for renovations and improvements to their building and property located at 3827 Stony Point Road, Charlottesville, Virginia (County Tax Map 48 Parcel 18D) that are necessary to provide fire suppression services. NOW, THEREFORE, [or and in consideration of the above stated premises, the County and Fire Company agree, as follows: I. The County shall contribute to the Fire Company Two Hundred Fifteen Thousand Seven Hundred Fifty Dollars ($215,750.00) to be used to fund building improvements as identified in Attachment A o[this agreement. The funds shall be allocated from the County's Capital Improvements Fund and will be appropriated to a County budget code dedicated to these projects. The County will work with the Fire Company to procure and manage the projects as stated in the Volunteer Fire Rescue Building Maintenance Funding Policy (Attachment B). 2. The Fire Company agrees that the County will withhold Seventeen Thousand Nine Hundred Eighty Dollars ($17,980.00) from the County's annual appropriation to the Fire Company's operating budget beginning July 2007 through July 2017 and Seventeen Thousand Nine Hundred Seventy Dollars ($17,970.00) in July 2018. Thus at the end of twelve (12) years, which is the term of this Agreement, a total of .. $215,750.00 shall be withheld. The Fire Company agrees that any amount of this repayment that may exceed the County's annual appropriation will be remitted to the County no later than July 3] of each repayment year. 3. The Fire Company agrees that it shall not convey any of the improved property or any interest therein to any party other than the County without the County's prior written consent during the term of this Service Agreement. In addition, the Fire Compar.:y agrees that any insurance proceeds received from a claim related to any damage to the property shall be used entirely for the immediate repair and improvement of the property unless the County expressly authorizes in writing a different use for such funds. 4. The Fire Company agrees that at such time as it no longer provides volunteer fire suppression in Albemarle County while operating under the jurisdiction of the COlmty that it shall convey all of its interest in the property to the County at no addilional:ost to the County upon the County's request. 5. Nothing contained herein shall be construed to prevent additional appropriations by the County to the Fire Company, at the discretion of the County Board of Supervi5.ors, to support, enhance, or augment the services to be provided by the Fire Company. Witness the following signatures and seals: COUNTY OF ALBEMARLE, VIRGINIA Date By: ROBERT W. TUCKER, JR., County Executive STONY POINT VOLUNTEER FIRE COMPANY. INC. ~d? Date ... "" 'J / /' . By: " ~. j~L (Y /2VS7/Jv"";- 5.t-:J/r-/J y. '" Approved as to Form: County Attorney COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE: The foregoing Service Agreement was signed, sworn to and acknowledged before me this _ day of ,2007 by Robert W. Tucker, Jr. Notary Public My Commission Expires: COMMONWEAL TH OF VIRGINIA COUNTY OF ALBEMARLE: The foregoing Service Agreement was signed, sworn to and acknowledged before me this ~ 3 ~ay of J111fltch , 2007 by .:!CAv Yt!"If,Af/!6;,,v J";(. . =~~/ My Commission Expires: JAJ/ 3" ,)IJPS , . Attachment A Stony Point Volunteer Fire Company, Inc. Projects to be funded with Service Agreement Proceeds: Remodel of bunk rooms Toilet and laundry facilities Expand/remodel kitchen Renovate meeting/training room Storage building $ 75,000 $ 13,500 $ 26,250 $ 26,000 $ 75.000 Total $ 215,750 Attachment B Volunteer Fire Rescue Building Maintenance Funding Policy 1. Purpose The purpose of this policy is to assist volunteer fire and rescue stations that do not have the financial means to fund building repairs and minor building renovations. 2. Volunteer Station financial assessment The intent of the policy is to provide financial assistance to volunteer stations that do not have the financial means to fund building repairs and minor building renovation projects. Therefore, a volunteer station requesting assistance will need to show that the station is unable to independently fund the project. Determining financial hardship requires that the station disclose the Company's financial statements (balance sheet and income statement _ see example at end of document) to help demonstrate the station's financial need. 3. Qualified proiects Building repairs and minor building renovation projects that help maintain the current facility shall be qualified for consideration. Projects beyond this scope will be addressed on a case by case basis through the normal CIP process. 4. Five year building assessment to determine future expenditures 4.1. Stations requesting financial assistance must conduct a five year assessment of their building to determine the long term maintenance needs. The five year assessment should include a projected and prioritized list of building repairslrenovations, a cost estimate per repair/renovation. and a narrative outlining the justification for each repair/renovation. Priori ty Hi\t1 Medium Medium North RiverVFD Major Building Repairs Project type FY06/07 FY07/08 FY08/09 Roof repair 30,000 HV AC replacement 15,000 Bunk room renoloCation Total 30,000 15,000 FY09/10 FY10/11 5,000 5,000 4.2. County staff will work with volunteer staff to assess the projects to help determine needs, eligibility and timing. 5. Fundina Assistance 5.1. Financial assistance shall be provided through a no-interest loan with .a five to ten year payback period. In cases of extreme financial hardship, a grant may be considered. 5.2. A volunteer station receiving a no-interest loan will work with County staff to develop a financial plan to ensure that the loan will be paid in full over time. The plan will be reviewed and approved by the Office of Management and Budget (OM B) before financial assistance is provided. 6. Other reauirements 6.1. Volunteer stations that qualify according to this policy shall submit a request to the Company of Fire Rescue by August 1 in preparation for the next fiscal year budget process. 6.2. Approved projects will be procured and completed according to current County policies and procedures S1atlon name: North Rher VFD Assets Beginring Cash Balance Available cash on l'ardlched<ing acO:>l.nt $ Real Esta13 Period ending: JlI1e 30. 2005 Liabilities Ba lance of open accourts 5,000 I't>tes on mortgages owed BUildirglland@marketvalLe $100,000 $ $ 5,000 n\estmerts Other indebtednessobligations CDs. stock. bonds. savings, etc. $ 15,000 Equipment, VehideS, etc. EqLipmert not purctased ttTough C P $ 30 ,000 Resticted Flllds Explain in narrative $ Total Assets $ 150.000 Net Worth $ 145.000 btal assets minLS btaJ liabilities ReceiptsJRevenue Coll'lty contribution Doralons, contribution, bequests, etc. Fll1d raising rJerest and dividends Grants Other inoomelrevern.e $ 100,000 $ 5,000 $ 15,000 $ 2,000 $ 1 .000 $ $ 123.000 To1a1 rece~tsJrevenue Explain in narrative $ Total Liabilties $ 5,000 Expenditures Operatioral expenses Capit31 expel'liitures Other (in:lude ticlnsfers to asset acoounts) I't>n-operatioral e:><penses ~ .e. - fu1d raising caslE) $100,000 $ $ $ 5,000 Total expenditures $105,000 Cash increase/decrease (receipts minus expenditll"es) $ 18,000 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Darden Towe Park Agreement AGENDA DATE: May 2, 2007 ACTION: CONSENT AGENDA: ACTION: X INFORMATION: SUBJECT/PROPOSAL/REQUEST: Approval of revised agreement recommended by the Darden Towe Park Committee. LEGAL REVIEW: Yes REVIEWED BY: STAFF CONTACTCS): Tucker, White, Davis, Mullaney ATTACHMENTS: Yes BACKGROUND: In 1985, the City and County executed an option agreement to purchase property which now constitutes Darden Towe Park. In February of 1986, both jurisdictions entered into an agreement which exercised this option and delineated City and County responsibilities for the development, operation, and maintenance of the property as a park and recreation area. This agreement is now over 20 years old and does not address current operational responsibilities or the function and make-up of the Darden Towe Park Committee. In recognition of the shortcomings of the existing agreement, The Director of the City Parks and Recreation Department and the Director of the County Parks and Recreation Department jointly developed a revised agreement for consideration by the Darden Towe Park Committee. At the February 21,2007 meeting of this Committee, a motion was adopted recommending that the Board of Supervisors and City Council authorize the execution of the attached agreement. STRATEGIC PLAN: Park facilities enhance the quality of life for Albemarle County residents and also protect the County's natural resources. DISCUSSION: The major revisions to the agreement are summarized as follows: 1. Much of the original agreement addressed funding responsibilities for the purchase of the property as well as the first three phases of development of the Park. Since this work is now complete, this language is removed from the agreement. 2. The original mechanism for allocating annual funding responsibilities for Park operations between the City and the County was never instituted and was ultimately replaced with a formula built upon daily County/City vehicle sticker census counts. Since the City has eliminated its vehicle decal program, this methodology is obsolete. Accordingly, the proposed agreement divides annual funding responsibility based on the population of the two localities. 3. The current method of charging the City softball league program for field use is unwieldy especially in light of the fact that the City provides the programs equally for both localities. Therefore, the provision to charge this program an additional fee is eliminated. 4. The agreement establishes a new five year term effective July 1,2007 through June 30, 2012. 5. The membership and role of the Darden Towe Park Committee are described in the agreement. These revisions are discussed in more detail below: Deletions/revisions from the original agreement: SECTION I. PURPOSE - This section has been restated eliminating references to the property purchases and the Joint City-County Park Report dated February 10, 1986. SECTION II. PLAN OF DEVELOPMENT and SECTION III. APPROPRIATIONS - These sections have been eliminated entirely as they pertain to the three development phases which have been completed. SECTION IV. ALLOCATION OF COSTS - References to the first three development stages and an entry station attendant to collect fees from non residents and to monitor park usage are eliminated since the City and County have determined that the staffing costs associated with an entry station would exceed the expected revenue collections. AGENDA ITEM: Darden Towe Park Agreement Page 2 SECTION V. PARK OWNERSHIP - References to the acquisition of contiguous properties are eliminated since all affected properties have been acquired. The contiguous properties referenced in this section referred to the Snow and Bosely properties which bordered the Mahanes' property. The Mahanes' property was the initial property acquired for the Park. The Snow and Bosely properties were subsequently acquired and are now part Park property. SECTION VI. SUPERVISORY COMMITTEE - This section has been eliminated along with the formal designation and role of the staff supervisory committee. Staff supervision of the park has been revised as stated under SECTION V. PARK SUPERVISION in the new agreement. SECTION VIII. NIGHT LIGHTING AND SOFTBALL - The original agreement prohibited night lighting of competitive sport facilities in the first three development stages. The new agreement recognizes the history of the lighting issue and requires mutual agreement of the City and County before any lighting of sport or other recreation facilities is installed. SECTION XIII. BREACH OF AGREEMENT and SECTION X. NAMING OF THE PARK - These sections have been eliminated since they are no longer applicable. Mechanism for determining allocation of costs: The original agreement called for annual Park operating costs to be determined according to the percentage of actual park usage by residents of the two localities, averaged over the most recent two years. Usage was to be monitored by an attendant at an entry station who would also collect a fee from residents of jurisdictions other than the City and the County. The City and County later agreed that it would be cost prohibitive to staff an entry station and decided instead to base park usage on a vehicle sticker count taken once per day in the parking lots. The City/County agreement was never formally amended to reflect this change. With the recent decision by the City to eliminate its vehicle decal program, the revised method is no longer viable. Staff is recommending that costs be allocated based on the populations of the two localities according to the Weldon Cooper Center for Public Service Annual Population Report, with the 2006 Weldon Cooper data being used for the allocation of costs for the period from July 1,2007 through June 30, 2012. The FY 2006-2007 budget divides the funding responsibility for the Park at 64.2% for the County and 35.8% for the City. This is based on the average of the past two years use and dividing equally the responsibility for non resident use. Examining just County and City use over the past 5 years, County usage has averaged 68.5% vs. 31.5% for the City. Based on the Weldon Cooper estimates from 2000 through 2005, the estimated City/County population for 2006 is 131,700 with 91,800 (69.7%) being County residents and 39,900 (30.3%) being City residents. It is recommended that the final agreed upon shares for the upcoming 5 year period be determined when the final 2006 Weldon Cooper numbers become available in 2007. In agreeing to this higher percentage share for the County, it is recognized that Towe Park will be receiving increasing neighborhood use by County residents due to growth in the Pantops area residential population and that Pen Park, which is solely funded by the City, receives significant use by County residents. Elimination of City softball fee for field use: The City administers a softball league program with primary game sites at Mcintire Park, PVCC, and the Park. In the original agreement, a portion of the revenue derived from this program, after deducting program expenses, were to return to the Park as revenue based on the volume of total games played at the Park. Since league expenses vary from year to year due to facility repairs and the maintenance needs at the other two (2) locations, the City league program has never been a reliable source of revenue for the Park and the computation of what constitutes a fair share is unnecessarily confusing. Both Directors agree that since the City administers the softball program equally for residents of both the City and County, and that the City is already paying an agreed upon share for the maintenance of the Park, there should be no additional fee paid by the City for this program. In agreeing to this, it is recognized that when administering a program as large and complex as the City softball program, there are indirect costs to the locality which are not accounted for when determining program fees. Five year term of agreement: The original agreement is over 20 years old and outdated. The recommended term for this agreement is five years from July 1, 2007 through June 30, 2012. Darden Towe Park Committee: The Darden Towe Park Committee evolved from the City/County committee which negotiated the original agreement and guided the original development of the park but was not recognized in the original agreement. The new agreement identifies the membership and role of the Darden Towe Park Committee. AGENDA ITEM: Darden T owe Park Agreement Page 3 BUDGET IMPACT: The County share of funding for FY 06-07 is $161,939 while the City share is $90,302. Concurrently with reviewing the agreement, City and County staff have reviewed the operating budget. Through realigning responsibilities, purchasing new equipment, and attaining other efficiencies (including the elimination of the time consuming daily sticker count), one (1) full time staff position was eliminated from the budget. The combination of the increased County share for funding coupled with the reduced operating budget decreases the County's funding for FY 07-08 by approximately $10,850 or 7%. The combination of the decreased City share and reduced operating budget will decrease the City funding for FY 07-08 by approximately $24,600 or 27%. RECOMMENDATIONS: Staff recommends that the Board of Supervisors adopt the attached resolution authorizing its Chairman to sign the new agreement being recommended by the Darden Towe Park Committee. ATTACHMENTS A - Oriqinal Aqreement B - Revised Agreement C - Resolution /0--'<..1 (/ / 'f t:- .I....' . "', ,""''',. ""\r' .~ r' f.. "l '\ I .r i I I,~ ii J, \ f Attachment A J j I. . " \ ~ I I ," 1;.--' \ ! I .I: " i I ; I .. , c.,,1 AGREEMENT FOR THE JOINT DEVELOPMENT AND OPERATION OF THE CITY-COUNTY PARK This Agr~~m~nt is between the COUNTY OF ALBEMARLE (hereinafter called wCountyW), acting through its Board of Supervisors, and the CITY OF CHARLOTTESVILLE (hereinafter called .City.), acting through its City Council: SECTION I. PURPOSE. The City of Charlottesville and Albemarle County have executed a contract dated October 17, 1985 ~or an option to purchase jointly certain real property in the County ~rom the estate of Mary Mahanes. The purpose of this agreement is to authorize th~ exercise of that option and to provide a fair and equitable allocation of responsibility between the two localities for the development, operation and maintenance of the property as a park and recreation area, as described in the Joint City-County Park Report and Recommendation dated February 10, 1986 attached to and incorporated by reference in this agreement (hereinafter called wJoint Reportw). In addition, the City and County through this agreement agree in principle to purchase of the adjacent property belonging to Snow's Garden Center, Inc. SECTION II. PLAN OF DEVELOPMENT. The development of the property as a park and recreation area shall be in three phases. The three phases include parking lots, '. ponds, picnic areas and shelters, trails, child~en's playground, so~tball ~ields,four mu~tipurpose fields, canoe deck, volleyball courts, restroom/concession bUilding, eight tennis courts, maintenance building, multipurpose hard surface courts and the necessary utilities (see details of phasing in the Joint R.port). The initial development <Phase I) vill begin by the late spring of 1986, and be completed for use by the spring of 1988. The two later phases of development (Phase II and Phase III) vill OCcur approximately each three years t~ereafter. Phase I of the development shall include 3 softball fields. SECTION III. APPROPRIATIONS. The total budget for this project, including the cost of land acquisition, planning, engineering and three phases of development, is estimated at $2,885,580. Development of Phases I, II and III viII be financed according to the .Project Phase- schedule on page 4 of the Joint Report. Upon the execution of this agreement, the City and the County will each appropriate its respective share of the estimated cost. of land acquisition and engineering and planning. All expenditures subsequent to the current fiscal year, whether capital outlay or operating cost, are contingent upon appropriation of funds by each governing body in the year of expenditure, and failure to appropriate shall not be deemed a breach of this agreement. SECTION IV. ALLOCATION OF COSTS. All land ~cquisition, planning and engineering, site improvement, equipment and contingency costs for Phase I of the -2- development shall be divided equally between th~ City and the County. The operating costs during the fiscal years 19B8 and 1989 shall also be divided equally between the two localities. Beginning in fiscal year 1990, operating costs will be allocated according to the percentage 01 actual park usage by residents of' the two localities, averaged over the most recent two years. The usage will be monitored by an attendant at an entry station who will also collect an entry fee from residents of jurisdictions other than the County and the City. It was the position of the County that the costs of capital development in Phase II and Phase III should also be divided equally between the City and the County, as in Phase I. It was the position of the City that all future capital costs should be divided on the basis of the relative populations of the two localities. As a compromise, it is agreed that the capital costs for Phase II and Phase III of development will be divided according to the average of the above two positions. An example of this calculation is included on page four of the ~ttached 30int Report. The population figures to be used for determining capital expenditures within any fiscal year shall be the same population figures used in determining the distribution of ~unds for that fiscal year in the Charlottesville Albemarle Revenue Sharing Agreement. SECTION V. PARK OWNERSHIP. The park shall be owned jointly by the City and the County. Each locality shall hold an undivided interest in the property and all improvements. Acquisitions of any contiguous properties -3- that are to be used ~or park purposes shall be incorporated into the original park in undivided intereEt. In the ~vent that the park or any part thereo~ is conveyed by thE "tvc, localitiec to any other entity, ....hether public or private, any'~roceeds r~cejv~d ~er sue}) cien~eyance shall'be divid~d betveeri thE lecalities on the basis of the cumulative capital investments oi each locality in the entirety of the park property. Neither the City nor the County shall make such a conveyance o~ its interest without consent of the other party. SECTION VI. SUPERVISORY COHNITTEE. A SuperVisory Committee is hereby established, consisting of the County Executive (or designee>, City Manager (or designee), Director of Parks and Recreation from the City, and the Director of Parks and Recreation from the County. The Committee viII per~orm the ~ollowing functions: (1) Review the annual operating budget request for the park prior to submittal to the governing bodies. (2) Meet annually to plan capital improvements to the park. (3) Hold special meetings when requested by either Director to resolve issues or to rule on special problems or requests that cannot be handled by staff. <4> Establish operating and administrative policies for the operation o~ the joint park. (5) Resolve any operating difficulties or disputes. -4- sr~cTLQN VJ J. MAINTENANCE AND OPERtI,TJOi'lS. The County shell ~e respons~ble for the general maintenance, supervision and security of the park. Persons employed .for such PUr-POEf'=. '" i 11 be CC1unty eTr,p1oyel?c. The City will be responsible i01" the C'f'E'lst;ic,r, and supC'rv~sion of the soit-ball programs. The use and operation 01 any other facilities in the park shall be the responsibility of the County. While the operations ~nd responsibilities are to be divid~d, the costs are to be shared and allocated as described in Section IV of this agreement. A "Recommended Maintenance Operation Budget" is Bet forth on pages 10-12 of the attached Joint Report. SECTION VIII. NIGHT LIGHTING AND SOFTBALL. Night lighting is not proposed in any of the three development stages for any competitive sport facility. Lighting for security and safety will be provided as deemed necessary by the Supervisory Committee. The City agrees that McIntire Park will still be used for the softball program, but at a reduced level as determined appropriate by the City. Any expansion or operation of park facilities or land beyond the three phases of development controlled by this agreement shall be undertaken only by the mutual consent of the governing bodies. In signing this agreement the City expresses no intent to participate in the future development of any other softball or recreational facilities which may become necessary because of any growth in the population of the County. -5- SECTIm.; IX. R~VENUE GENERATIO~. A detail~d r~vie~ 01 th~ pot~ntial r~v~nues from th~ park is ch ovn on,. ?~gE.~ .~ ~- 24 of thE ,~oiPt,~~po;r,~. .:.:.... .......,.. ,....:.. . ," ~. ~:-. ',;. : .'. . . . ::- r: C;~L.LQl:L >:. HJ.t;.J N[., Of' THE P Ar,r; '_ Upon approval 01 this agreement by the City and County, the joint committ~e will begin consideration of methods of receiving input for the matter of selecting a name for the park. The joint committee will submit to the Board Bnd Council the best alternatives for consideration. SECTION XI. APPROVAL OF AGREEMENT AND EXERCISE OF OPTION. This agreement shall be effective when it has been signed by both jurisdictions, following the adoption of resolutions approved by majority votes of the City Council and Board of Supervisors. Upon such approval, the City ~anager and County Executive shall give notice to the optionors of the property that the option is being exercised. SECTION XII. AMENDMENT OF AGREEMENT. This agreement can be amended with the mutuel consent of the City Council and the County Board of Supervisors. SECTION XIII. BREACH OF AGREE~ENT. If either perty deems the other to have breached any provision, it shall so notify the other in writing, and the party deemed to have breached the agreement shall have 60 days to remedy -6- the breach. In the event remedial action has npt been taken thE City OT County. SEek &pE'ci~ic .P~Tiormance oi the agreem~nt in the circuit Court of Yithin the 60 day peri6d, 'the aggrieved p~rt~ ~h~ll be entitled tc ie.. E::q?r, tII.l~ c:(~'(r.::.:[,\ [I)' a :rt'~:Coluti(jrj adopted February . '.. . .' Ii.: V'jTJ;L~:,:: ""HE.hr:OF tbE C:J."t)' Council he!:: authorized t.hE' Moyer it by resolut~on adopted February lL, 198E-. and the B02rd oi SuperVisors has authorized its Cha{rman to Sign ] 2 ----..J j 98(" CITY F CHARLOTTESVILLE Attest: ~~ Clerk of Council By' Mayor COUNTY OF ALBEMARLE Clerk of the Board By,-,~ecL Chairman, Board OI Supervisors -7- ATTACHMENT B DARDEN TOWE PARK AGREEMENT This Agreement is between the COUNTY OF ALBEMARLE (hereinafter called "County"), acting through its Board of Supervisors, and the CITY OF CHARLOTTESVILLE (hereinafter called "City"), acting through its City Council: SECTION I. PURPOSE. Darden Towe Park is jointly owned by the City of Charlottesville and Albemarle County. The purpose of this agreement is to provide a fair and equitable allocation of responsibility between the two localities for the development, operation, and maintenance of the park from July 1, 2007 through June 30, 2012. SECTION II. ALLOCATION OF COSTS. Operating and capital costs for the park will be divided between the City and County based on the relative populations of the two localities according to the Weldon Cooper Center for Public Service Annual Population Report. The 2006 Weldon Cooper final population estimate published in 2007 will be used for the base term of this agreement from July 1, 2007 through June 30, 2012. All expenditures subsequent to the 2007 - 2008 fiscal year, whether capital or operating cost, are contingent upon the appropriation of funds by the Charlottesville City Council and the Albemarle County Board of Supervisors in the year of expenditure, and the failure to appropriate by either governing body shall not be deemed a breach of this agreement. Nothing in this agreement would prohibit either the City or County from making improvements to the property at its sole expense pending the approval of those improvements by both the City and County. SECTION III. ADMINISTRATION. MAINTENACE AND OPERATIONS The park shall be administered as a County park under the Albemarle County Code. The County shall provide fiscal and legal services for the operation of the park for an administrative fee of two percent (2%) of the park's operating budget, which shall be added to the City's funding contribution each year. The County shall be responsible for the general administration, maintenance, supervision and security of the park. Persons employed for such purposes will be County employees. The County will bill quarterly for the City's share of expenses. The City will be responsible for the operation, supervision and scheduling of City softball programs at the park. County residents will be treated as City residents in terms of fees and access to those programs. No fees will be charged to the City for the use of the park for those programs. The City will also be responsible for the scheduling and collection of fees for softball tournament games at the park. The City will forward fees collected for tournament play at the park to the County to be included as park revenues. The operation, supervision and scheduling of all other facilities in the park shall be the responsibility of the County. 1 SECTION IV. REVENUE GENERATION. Park revenues shall be deducted from operating expenses prior to calculating the City and County share for each quarterly billing period. SECTION V. PARK SUPERVISION. The Director of Parks and Recreation from the City and the Director of Parks and Recreation from the County together with appropriate staff members from those Departments will work in close consultation in the ongoing operation and maintenance of the park. Together they will develop five year projected operating and capital budgets which will be updated annually. City and County staff will meet when requested by either Director to resolve issues or to rule on special problems or requests that cannot be routinely handled by staff. In the event the City and County Parks and Recreation Directors cannot agree or resolve an issue, the City Manager (or designee), and the County Executive (or designee) will meet together with the Directors to resolve the issue. SECTION VI. DARDEN TOWE PARK COMMITTEE. The Darden Towe Park Committee consists of two members of the Albemarle County Board of Supervisors and two members of the Charlottesville City Council appointed by their respective governing bodies. The Committee will perform the following functions: 1. Approve new capital development plans for inclusion in the Park's annual and five year budgets. 2. Resolve any differences on policy issues between the governing bodies as they may pertain to the park; 3. Provide direction to City and County Parks and Recreation Directors as requested; 4. Meet as directed by Board or Council to resolve issues, make recommendations, etc.; 5. Make recommendations to the governing bodies for alterations to the City/County agreement. SECTION VII. PARK OWNERSHIP. The park is owned jointly by the City and the County. Each locality shall hold an undivided interest in the property and all improvements. In the event that the park or any part thereof is conveyed by the two localities to any other entity, whether public or private, any proceeds received for such conveyance shall be divided between the localities on the basis of the cumulative capital investments of each locality in the entirety of the park property. Neither the City nor the County shall make such a conveyance of its interest without consent of the other party. SECTION VIII. LIGHTING In the original agreement entered into in 1986, the City and County agreed that night lighting would not be included in any of the three development stages for any competitive sport facility. In recognition of the history and intent of not having lighted facilities in the park, no lighting of competitive sport or other recreation facilities will occur without the mutual agreement of the City and the County. 2 SECTION IX. APPROVAL OF AGREEMENT. This agreement shall be effective when it has been signed by both jurisdictions, following the adoption of resolutions approved by majority votes of the City Council and Board of Supervisors. SECTION X. AMENDMENT OF AGREEMENT. This agreement can be amended with the mutual consent of the City Council and the County Board of Supervisors. If this agreement is not amended prior to June 30, 2012, it shall be extended for an additional 5 years from July 1, 2012 until June 30, 2017 using Weldon Cooper final population data for 2011 to determine funding shares for that extension period. IN WITNESS WHEREOF the City Council has authorized the Mayor to sign this agreement by a resolution adopted , and the Board of Supervisors has authorized its Chairman to sign it by resolution adopted CITY OF CHARLOTTESVILLE Attest: Clerk of Council By Mayor COUNTY OF ALBEMARLE Attest: Clerk of the Board By Chairman, Board of Supervisors 3 Attachment C RESOLUTION TO AUTHORIZE COUNTY EXECUTIVE TO SIGN NEW DARDEN TOWE PARK AGREEMENT WHEREAS, the County of Albemarle and the City of Charlottesville jointly own Darden Towe Park; and WHEREAS, much of the original agreement between the County and City providing for the fair and equitable allocation of responsibility between the two localities for the development, operation and maintenance of the park is over 20 years old and has become outdated; and WHEREAS, the Darden Towe Park Committee reviewed and approved a new agreement to be recommended to the Board of Supervisors and City Council for the future development, operation and maintenance of the park effective July 1, 2007; NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby authorizes its Chairman to sign the Darden Towe Park Agreement as recommended by the Darden Towe Park Committee. I, Ella W. Carey, do hereby certify that the foregoing writing is a true and correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by a vote of to , as recorded below, at a meeting held on Clerk, Board of County Supervisors Aye Nay Mr. Boyd Mr. Dorrier Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Regional Police Mutual Aid Agreement AGENDA DATE: May 2, 2007 ACTION: INFORMATION: SUBJECT/PROPOSAL/REQUEST: Authorize County Executive to Execute Police Mutual Aid Agreement. CONSENT AGENDA: ACTION: X INFORMATION: STAFF CONTACTCS): Messrs. Tucker, Foley, Davis, Trank, Miller, Parrent, Noteman ATTACHMENTS: YES REVIEWED BY: ------ LEGAL REVIEW: Yes BACKGROUND: Over the years, it has become evident to law enforcement leadership that combining regional law enforcement resources is prudent when confronting disasters and emergency situations. With this in mind, the Albemarle County Police Department has reached out to neighboring jurisdictions in an effort to formalize agreements of mutual aid in accordance with Va. Code 15.2-1726 and 15.2-1730.1. The attached mutual aid agreement between the County of Albemarle and the Sheriffs of the Counties of Greene and Fluvanna, and the Town of Gordonsville will serve to mutually benefit all involved and provide an increased level of public safety. The County Attorney has reviewed the document and approved it for execution. STRATEGIC PLAN: To enhance the well-being and quality of life for all citizens through the provision of the highest level of public service consistent with the prudent use of public funds. DISCUSSION: This agreement authorizes the participating jurisdictions to share resources and manpower in emergency situations involving immediate threats to life or public safety. This agreement sets forth instructions for appropriate measured responses for specific instances and provides safeguards and clear guidelines to be followed. The Albemarle County Police Department currently has a regional agreement with the City of Charlottesville and the UV A Police Department, and feels strongly that a regional agreement needs to be expanded to bordering counties and towns that we interact with on a regular basis. BUDGET IMPACT: No budget impact. RECOMMENDATIONS: Staff recommends that the Board authorize the County Executive to execute the attached agreement. ATTACHMENTS A - Regional Mutual Aid Agreement Attachment A REGIONAL MUTUAL AID AGREEMENT THIS AGREEMENT made this day of , 2007 by and between the COUNTY OF ALBEMARLE (the "County"), the TOWN OF GORDONSVILLE (the "Town"), the SHERIFF OF GREENE COUNTY, and the SHERIFF OF FLUV ANNA COUNTY. WHEREAS, Va. Code SS 15.2-1726 and 15.2-1730.1 authorize the governing bodies ofa County and Town and Sheriffs to enter into reciprocal agreements for mutual aid for emergency purposes, for maintenance of peace and good order and for cooperation in the furnishing of police servIces; WHEREAS, the County, Town and the Sheriffs have determined that the provision of police aid across jurisdictional lines will increase their ability to respond to law enforcement emergencies involving immediate threats to life or public safety in their respective jurisdictions, and will assist them in the preservation of public safety and welfare of the entire area; WHEREAS, it is deemed to be mutually beneficial to the parties hereto to enter into an agreement concerning mutual aid and cooperation with regard to law enforcement; and WHEREAS, the parties hereto desire that the terms and conditions ofthe Regional Mutual Aid Agreement (the "Agreement") be established. NOW THEREFORE, for and in consideration ofthe mutual benefits to be derived from this Agreement, the parties hereto covenant and agree as follows: 1. Each party will endeavor to provide police support to the parties to this Agreement within the capabilities available at the time the request for such support is made and within the terms ofthis Agreement. 2. Requests for assistance pursuant to the terms and conditions of this Agreement shall be initiated by the requesting party's on-duty commander, bureau commander, their respective designees or the highest-ranking officer on-duty at the time of the request. 1 Attachment A 3. To the extent feasible, the requesting party shall be responsible for designating a communications system for use by the requested party. 4. The personnel of the requested party shall render such assistance under the direction of the Chief of Police/Sheriff or other principal law enforcement officer of the requested party, or their designees. 5. Law enforcement support provided pursuant to this Agreement shall include, but not be limited to, the following resources: uniformed officers, canine officers, forensic support, plainclothes officers, special operations personnel and related equipment. 6. The decision whether to provide law enforcement support under this Agreement shall at all times remain within the discretion of the requested agency. Nothing contained in this Agreement should in any manner be construed to compel any ofthe parties hereto to respond to a request for law enforcement support when the personnel of the party to whom the request is made are, in the opinion ofthe requested party, needed or are being used within the boundaries oftheir jurisdiction, nor shall any such request compel the requested party to continue to provide police support to another party when its police personnel or equipment, in the opinion of the requested party, are needed for other duties within the boundaries of its own jurisdiction. 7. The responsibility for investigation and subsequent actions within the requesting jurisdiction shall remain with the law enforcement agency of the requesting party. Entering law enforcement personnel shall promptly notify the agency ofthe entered jurisdiction upon discovery of a crime in the jurisdiction where the offense occurred. 8. Officers acting pursuant to this Agreement shall be granted authority to enforce the laws ofthe Commonwealth of Virginia and to perform the other duties of a law enforcement officer, such authority shall be in conformance with Va. Code SS 15.2-1724, 15.2-1726, 15.2-1730 and 15.2- 1730.1 as may be applicable; however, law enforcement officers of any jurisdiction who might be 2 Attachment A casually present in any other jurisdiction shall have power to apprehend and make arrests only in such instances where an apparent, immediate threat to public safety precludes the option of deferring action to the local law enforcement agency. 9. When performing police duties in a requestingjurisdiction pursuant to the provisions of this Agreement, each law enforcement officer, agent, and other employee of the parties hereto shall have the same police powers, rights and privileges, including the authority to make arrests, as the officers, agents or employees have in the jurisdiction where they were appointed. 10. Pursuant to Va. Code ~ 15.2-1724, the services performed and expenditures made under this Agreement shall be deemed to be for public and governmental purposes and all immunities afforded to the requested jurisdiction when acting within its boundaries shall extend to its participation in rendering assistance outside its boundaries to a requesting jurisdiction. For the purposes ofthis Agreement, the requested party that responds to a request for assistance is rendering aid once it has entered the jurisdictional boundaries ofthe requesting party pursuant to the provisions herein. 11. All immunities from liability, exemptions from laws, ordinances and regulations, pension, relief, disability, worker's compensation, life and health insurance, and other benefits enjoyed by law enforcement officers, agents and other employees of each party shall extend to the services they perform under this Agreement outside their respective jurisdictions. Each party agrees that the provision ofthese benefits shall remain the responsibility ofthe primary employing party. 12. To the extent permitted by the laws ofthe Commonwealth of Virginia, each party hereto, in activities involving the rendering of assistance to a requesting party pursuant to this Agreement, shall (i) waive any and all claims against all other parties to this Agreement which may arise out of such parties' activities outside their respective jurisdictions, and (ii) be responsible for the acts or omissions of its law enforcement officers, agents and other employees causing hann to persons not a 3 Attachment A party to this Agreement. Nothing herein shall be deemed as an expressed or implied waiver ofthe sovereign immunity of the parties to this Agreement. 13. The parties to this Agreement shall not be liable to each other for reimbursement for injuries to personnel or damage to equipment incurred when going to or returning from another jurisdiction. Neither shall the parties hereto be liable to each other for any other costs associated with, or arising out of, the rendering of assistance pursuant to this Agreement, unless the parties expressly agree otherwise in advance of the provision of assistance under this Agreement. 14. This Agreement sets forth the complete agreement relating to the provision of mutual police services among the parties hereto. However, nothing herein shall affect the enforceability of separate mutual aid agreements entered into by the County. 15. Any of the parties hereto may withdraw from this Agreement by giving ninety (90) days written notice to that effect to the other parties. 16. This Agreement is subject to the approval of the governing bodies of the County of Albemarle and Town ofGordonsville and the Sheriffs ofthe County of Flu vanna and the County of Green. WHEREBY, the parties hereto have executed this Regional Mutual Aid Agreement, by their authorized representatives, whose signatures are set forth following below as of the day and year first set forth above. COUNTY OF ALBEMARLE SHERIFF OF FLUV ANNA COUNTY By: Robert W. Tucker, Jf. County Executive TOWN OF GORDONSVILLE SHERIFF OF GREENE COUNTY By Its: 4 ., The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 2nd day of May 2007, adopted the following resolution: RESOLUTION WHEREAS, the street(s) in Oak Hill Subdivision, as described on the attached Additions Form AM-4.3 dated May 2, 2007, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County. Virqinia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, thatthe Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the street(s) in Oak Hill Subdivision, as described on the attached Additions Form AM-4.3 dated May 2,2007, to the secondary system of state highways, pursuant to S33.1-229 and to S33.1-82, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of- way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. * * * * * Recorded vote: Moved by: Ms. Thomas. Seconded by: Mr. Wyant. Yeas: Mr. Boyd, Mr. Dorrier, Mr. Rooker, Ms. Thomas, Mr. Slutzky, and Mr. Wyant. Nays: None. Absent: None. A Copy Teste: In the County of Albemarle By resolution of the governing body adopted May 02, 2007 The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Siglled (COUllty Official): ~1L- Form AM-4.3 ( 11/28/2005) Asset Management Division Report of Changes in the Secondary System of State Highways Project/Subdivision Oak Hill Type of Change: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested, the right of way for which, including additional easements for drainage as required, is guaranteed: Reason for Change: Town Addition (~33.1-82), new subdivision street Pursuant to Code of Virginia Statute: ~33.1-229, ~33.1-82 Route Number andlor Street Name . Maymont Drive, State Route Number 1291 . Description: From: Intersection Rt. 1113 Oak Hill Drive To: Intersection Rt. 1292 Maymont Court A distance of: 0.08 miles. Right of Way Record: Filed on 3/4/2005 in the Albemarle County Clerks Office, with a width of 50 feet. Recordation Reference: Deed Book 2932 page 70-88 . Maymout Court, State Route Number 1292 . Description: From: .01 miles south Rt.1291 Maymont Drive To: Cui de sac A distance of: 0.07 miles. Right of Way Record: Filed on 3/4/2005 in the Albemarle County Clerks Office, with a width of 40 feet. Recordation Reference: Deed Book 2932 page 70-88 Page] of] The Board of County SupeNisors of Albemarle County, Virginia, in regular meeting on the 2nd day of May 2007, adopted the following resolution: RESOLUTION WHEREAS, the street(s) in Logan's Run Subdivision, as described on the attached Additions Form AM-4.3 dated May 2,2007, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virqinia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County SupeNisors requests the Virginia Department of Transportation to add the street(s) in Logan's Run Subdivision, as described on the attached Additions Form AM-4.3 dated May 2,2007, to the secondary system of state highways, pursuant to 933.1-229 and to 933.1-82, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of- way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ***** Recorded vote: Moved by: Ms. Thomas. Seconded by: Mr. Wyant. Yeas: Mr. Boyd, Mr. Dorrier, Mr. Rooker, Ms. Thomas, Mr. Slutzky, and Mr. Wyant. Nays: None. Absent: None. A Copy Teste: In the County of Albemarle By resolution of the governing body adopted May 02, 2007 T1lefollowing VDOT Form AM-43 is hereby attached and incorporated as part of the governing body's resolutionfor changes in the secondary system of state highways. n A Copy Testee Signed (County Official):-6! O-/M$~ . ~ Form AM-4.3 ( 11/28/2005) Asset Management Division Report of Changes in the Secondary System of State Highways Project/Subdivision Logan's Run Type of Change: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested, the right of way for which, including additional easements for drainage as. required, is guaranteed: Reason for Change: Town Addition (~33.1-82), new subdivision street Pursuant to Code of Virginia Statute: ~33.1-229, ~33.1-82 Route Number andlor Street Name . Moriah Way, State Route Number 1053 . Description: From: Intersection Rt. 616 Black Cat Road To: Cui de sac A distance of: 0.55 miles. Right of Way Record: Filed on 9/29/2003 in the Albemarle County Clerks Office, with a width of 50 feet. Recordation Reference: Deed Book 2602 pages 379-385 Page 1 of 1 The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 2nd day of May 2007, adopted the following resolution: RESOLUTION WHEREAS, the street(s) in Oak Hill Subdivision, as described on the attached Additions Form AM-4.3 dated May 2, 2007, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virqinia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the street(s) in Oak Hill Subdivision, as described on the attached Additions Form AM-4.3 dated May 2,2007, to the secondary system of state highways, pursuant to 933.1-229 and to 933.1-82, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of- way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ***** Recorded vote: Moved by: Seconded by: Yeas: Nays: Absent: A Copy Teste: Ella W. Carey, Clerk, CMC Board of County Supervisors The road(s) described on Additions Form AM-4.3 is: 1 ) Mavrnont Drive (State Route 1291) from the intersection of Route 1113 (Oak Hill Drive) to the intersection of Route 1292 (Maymont Court), as shown on plat recorded 03/04/2005 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2932, pages 70-88, with a 50-foot right-of-way width, for a length of 0.08 miles. 2) Mavrnont Court (State Route 1292) from .01 miles south of Route 1291 (Maymont Drive) to the cul-de-sac, as shown on plat recorded 03/04/2005 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2932, pages 70-88, with a 40-foot right-of-way width, for a length of 0.07 miles. Total Mileage - 0.15 The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 2nd day of May 2007, adopted the following resolution: RESOLUTION WHEREAS, the street(s) in Logan's Run Subdivision, as described on the attached Additions Form AM-4.3 dated May 2, 2007, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virqinia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the street(s) in Logan's Run Subdivision, as described on the attached Additions Form AM-4.3 dated May 2, 2007, to the secondary system of state highways, pursuant to 933.1-229 and to 933.1-82, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of- way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ***** Recorded vote: Moved by: Seconded by: Yeas: Nays: Absent: A Copy Teste: Ella W. Carey, Clerk, CMC Board of County Supervisors The road(s) described on Additions Form AM-4.3 is: 1 ) Moriah Way (State Route 1053) from the intersection of Route 616 (Black Cat Road) to the cul-de-sac, as shown on plat recorded 09/29/2003 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2602, pages 379-385, with a 50-foot right-of-way width, for a length of 0.55 miles. Total Mileage - 0.55 County of Albemarle Department of Community Development Memorandum TO: Members, Albemarle County Board of Supervisors FROM: Amelia G. McCulley, Zoning Administrator DATE: April 16, 2007 RE: 2006 Annual Report of the Board of Zoning Appeals Please find the attached 2006 annual report of the Board of Zoning Appeals. State Code Section 15.2-2308 requires the Board of Zoning Appeals (BZA) to keep a full public record of its proceedings and to submit a report of its activities to the governing body. The full 2006 BZA annual report is attached for your information. The Board of Zoning Appeals hears variances from the Zoning Ordinance and appeals from decisions of the Zoning Administrator or other administrative officer. These appeals can include determinations of zoning violation. The number of appeals in 2006 decreased by 11, from 13 received in 2005 to 2 in 2006. The 2 appeals received in 2006 were withdrawn. Three appeals were pending from 2005. Of these 3, one was withdrawn and two Zoning Administrators' decisions were affirmed by the Board. The number of variances in 2006 increased by 5, from 9 in 2005 to 14 in 2006. Six variances were approved, 1 was denied, 2 were withdrawn, 2 were void and 3 were pending (as of December 31,2006). These 3 pending variances were withdrawn at the April 1 0, 2007 public hearing. The number of variance requests related to setbacks was the same in 2006 and 2005. The number of special use permits for off-site signs increased by 4, from 0 in 2005 to 4 in 2006. Three were approved and one was still pending (as of December 31, 2006). This pending special use permit was denied at the March 6, 2007 public hearing. The following court cases are still pending as of December 31,2006: 1. Barry Schmidt v. Board of Zoninq Appeals. Appeal of zoning determination. 2. Paul Beoin. et al. v. Board of Zoninq Appeals and Planned Parenthood. 3. Scott W. and Caroline F. Watkins v. Board of Zoninq Appeals. Appeal of determination of zoning violation. ALBEMARLE COUNTY BOARD OF ZONING APPEALS 2006 ANNUAL REPORT I. INTRODUCTION The Code of Virginia states that the Board of Zoning Appeals shall submit a report of its activities to the governing body at least once each year {Sec. 15.2-2308}. This report is a brief outline of their activities. II. PERSONNEL The Board of Zoning Appeals consists of five members. They are appointed by the Circuit Court for a term not to exceed five years. The Board members during the year 2006 were: Member Term Expiration Max C. Kennedy Reappointed May 23, 2003 for a five year term - to expire May 23, 2008 David Bass, Chairman Reappointed May 23, 2002 for a five year term - to expire May 23, 2007 George Bailey Reappointed May 23, 2005 for a five year term - to expire May 23, 2010 Richard Cogan, Vice Chairman Reappointed May 23, 2004 for a five year term - to expire May 23, 2009 Randy Rinehart, Secretary Reappointed May 23, 2006 for a five year term - to expire May 23,2011 III. OPERATING PROCEDURES Regular meetings of the Board are held the first Tuesday of each month starting at 2:00 p.m. Special meetings are called in cases of appeals or a high number of submittals, when the regular schedule does not provide sufficient hearing time. These special meetings may begin at 1 :00 p.m. The Board operates with Rules of Procedure which were adopted November 15, 2002. C:\Documents and Settings\acareyllocal Setbngs\Temporary Intemel Files\OLK24\bza annual reporl2006 flnal.doc Board of Zoning Appeals 2006 Annual Report Page 2 IV. EXPENSES The Board of Zoning Appeals does not have a separate budget. Compensation and mileage are included within the budget of the Community Development Department, specifically within the Zoning and Current Development cost center. Funding for Board salaries in the fiscal year 2005-2006 is consistent with prior years and expenses were a total of $2751.61. Board members are paid $45 per meeting and are reimbursed for mileage traveled to the meetings. Staff to the Board includes the Director of Zoning & Current Development (Zoning Administrator), Manager of Zoning Administration and the Chief of Zoning Administration (Deputy Zoning Administrator). Support staff includes the Zoning Assistant and at times will include the Zoning Technician. V. ACTION SUMMARY The Board of Zoning Appeals held 9 meetings in 2006. The number of submittals and actions considered by the Board in 2006 are shown in the following tables: Variances Fourteen (14) variance applications were received in 2006. Six (6) variances were approved, one (1) was denied, two (2) were withdrawn, two (2) were void and three (3) are pending. See the following table: Application # Project Name Type of request Approved Denied With Conditions V A06-0 1 Thomas or Reduction of front X Katie Sears set back to allow construction of a new porch V A-06-02 Timothy & Reduction of X X Ginger Aylor front setback to allow construction of garage V A-06-03 Central Reduction of the X X Virginia size of a Capital LLC proposed lot V A-06-05 Kevin or Julie Reduction of rear X Oh set back to allow deck to remain V A-06-06 Adolfo or Reduction of rear X Guadalupe set back to allow Garcia deck to remain V A-06-07 Douglas Reduction of rear X Cannato or set back to allow Judith McPeak deck to remain C:\Documents and Settill9slecllrey\Local SettingslTemporary Internet FiI0$\OlK24\b;za annual report 2006 final.doc Board of Zoning Appeals 2006 Annual Report Page 3 Application # Project Name Type of request Approved Denied With Conditions V A-06-08 Cville- Increase wall X X Albemarle signs aggregate Airport / area Landmark Aviation Withdrawn an 01 Application # Project Name Withdrawn Void V A-06-04 Thomas Wilkinson X V A-06-09 Kara Connolly X VA-06-10 Paul T. Shifflett X VA-06-14 Region Ten Community Services X Pending Application # Project Name Pending VA-06-11 Glenwood Station Sign Deferred to April 1 0, 2007 VA-06-12 Glenwood Station Sign Deferred to April 10, 2007 VA-06-13 Glenwood Station Sign Deferred to April 10, 2007 Pending from previous years Application # Project Name Pending V A-05-04 Montessori school Additional information from the applicant V A-05-09 Mechum's Trestle LLC Additional information from the applicant Appeals Two (2) appeals were taken in 2006. These appeals were withdrawn. Three (3) appeals were pending from 2005. One appeal (1) was withdrawn and two (2) were affirmed by the Board. Withdrawn and Void Application # Project Name Withdrawn / Void Dismissed / Moot AP-06-01 Ellen Hawkins Withdrawn AP-06-02 Pet Supply Plus Withdrawn C:\Documents and Setbngs\ecarey\Local SeWngslTempor!lry Internet Filos\OLK24\b:;za annual report 2006 flnaldoc dV'd Board of Zoning Appeals 2006 Annual Report Page 4 Action taken in A Application # eals that were Project Name Type AP-05-06 Marcia Joseph ZAlWithdrawn Withdrawn Letter of Determination - use Determination of Violation AP-05-13 Scott or Caroline Watkins Constance Hallquist & Brian Cowan Affirmed ZA AP-05-14 Affirmed ZA Letter of Determination - nonconforming lot red ivision Special Use Permits Four (4) special use permits for off-site signs were received in 2006. Three (3) were approved and one (1) is still pending. Application # Project Name Approved Denied SP-06-27 PJP Building Six, LLC X SP-06-28 Worrell Land & X Development Co LC SP-06-29 Hilton Garden Inn X With Conditions Pending Application # Project Name Pending SP-06-30 Morningside Assisted Living This item will be heard on March 6, 2007 VI. COURT ACTIONS The following are court actions taken on the Board of Zoning Appeals in 2006: 1. Crafton Corporation v. Board of Zonina Appeals: Petition to writ of certiorari filed in Albemarle County Circuit Court challenging the decision of the Board of Zoning Appeals that the property is a junkyard in violation of the Zoning Ordinance. Crafton requested that this appeal be nonsuited (voluntarily dismissed). C:\Documents and Selting$\ecarey\Local SettingslTemporary Internet FileslOlK24\bza III1nual report 2006 final.doc Board of Zoning Appeals 2006 Annual Report Page 5 2. Van der Linde Housinq, Inc. v. Board of Zoninq Appeals: This appeal has been remanded from Circuit Court to allow the Board of Zoning Appeals to reconsider their modification of the Zoning Administrator's determination of violation regarding the use contractor's equipment and storage yard. 3. Barry Schmidt v. Board of Zoninq Appeals: Petition to writ of certiorari filed in Albemarle County Circuit Court challenging the decision of the Board of Zoning Appeals that the mobile home on the property lost its nonconforming status. The Circuit Court affirmed the decision of the Board. Schmidt has filed a notice of appeal to the Virginia Supreme Court. 4. Paul Beqin, et al. v. Board of Zoninq Appeals and Planned Parenthood: Petition to writ of certiorari filed in Albemarle County Circuit Court challenging the decision of the Board of Zoning Appeals that Planned Parenthood's use of the property is a professional office use. Two years later, the court has not yet issued a writ of certiorari directing the Board of Zoning Appeals to file the record of its proceedings, so the case has not proceeded and a trial date has not been set. 5. Scott W. and Caroline F. Watkins v. Board of ZoninQ Appeals: Petition to writ of certiorari filed in Albemarle County Circuit Court challenging the decision of the Board of Zoning Appeals that the use of the property by Watkins & Co Landscape Contracting constitutes a contractor's storage yard which is not a permitted use in the Rural Area District. This case will be set for trial soon. 6. Constance Hallquist v. Board of Zoninq Appeals: Petition to writ of certiorari filed in Albemarle County Circuit Court challenging the decision of the Board of Zoning Appeals that the determination of Authorization for Adjustment of Boundary Lines to allow 37 existing lots to be combined into 10 lots. Hallquist requested that this appeal be nonsuited (voluntarily dismissed). C:\Documents and Settingslecearey\Local SettingslTemporery Internet FilesIOU<24\bza annual reporl2006 final.doc ~ounty Board-to-Board Public Schools May 2, 2007 Listening. Leluning. /.('ading. A monthly communications report from the Albemarle County School Board to the Albemarle County Board of Supervisors Resource Utilization Study: During the June 2006 School Board Retreat, the Board reviewed the basic tenets of the Baldrige Performance criteria and discussed the relationship of these criteria to the continuous improvement of the school division. These criteria include: Leadership, Strategic Planning, Customer and Market Focus, Measurement, Analysis, and Knowledge Management, Human Resource Focus, Process Management, and Business Results. Through discussion of these criteria, Board members clarified their commitment to examine the allocation and alignment of resources to determine whether improvements in financial effectiveness and efficiency could be realized. The Commonwealth Educational Policy Institute (CEPI) associated with Virginia Commonwealth University contracts specific services with School Boards across Virginia. School Boards may determine specific areas within the Division's and schools' operations that can become a focus for a resource utilization study. The outcome of such a study would be to gain efficiencies and improve the effectiveness of how resources are allocated, aligned and used to support strategic work towards achievement of Board-adopted goals. At the April 12 Board meeting, Dr. William Bosher, executive director ofCEPI, provided an overview of the scope of services provided for school resource management reviews by CEPI. He also described how the data generated through such a resource utilization study can contribute to the continuous improvement of the Division through alignment of resources to the Goals of the Board. Based on the discussion with Dr. Bosher, the School Board asked that Dr. Moran work on developing a proposal for services with CEPI. If the Board were to accept the proposal, it is anticipated that the study would be completed and presented to the Board prior to the next budget cycle. Dr. Bosher's credentials include executive director of the Commonwealth Educational Policy Institute and Distinguished Professor of Education and Public Policy at VCU. Past positions also include superintendent of Chesterfield County Public Schools, superintendent of public instruction for the Virginia State Department of Education and Henrico County Public Schools superintendent. 2007 -2008 School Division Budget: On April 19, 2007, the School Board adopted a budget for 2007-08 school fund budget of$147,950,352 and a self-sustaining budget of$15,254,196 for a total budget of$163,204,548. Student Behavior Management Work Session: In the spring of2006, the superintendent charged a committee to review current disciplinary and student behavior management strategies and procedures. In the first phase of its work, the committee identified best practices and procedures that result in students who value and demonstrate safe and respectful behaviors. When students form a community in which safe and respectful behaviors are routine, the school climate supports learning for all, inappropriate behavior decreases, and students understand the positive and negative consequences of their choices and the impact of those choices on others. As a result of its broad research and analysis of Division student disciplinary and academic data, the committee evaluated student behavior management strategies that would form an improved continuum ofK-12 prevention and intervention services and provide a more systemic response to the needs of students within their learning community. The committee considered the following essential questions throughout the first phase of their work and will continue to address ongoing considerations in future work related to student behavior management: 1) What assumptions and beliefs about young people and learning should drive our recommendations for changes in our current K-12 practices and procedures associated with "behavior management and discipline?" 2) What are the key strengths of our current management and disciplinary systems? Challenges? What actions should we take to ensure that strengths and current best practices are diffused across the system? What actions or changes should occur to address challenges? 3) How do we differentiate prevention and intervention services to address the continuum of inappropriate behaviors that may occur in school? How do we ensure that all staff understands expectations for using both prevention and intervention practices that are respectful and developmentally appropriate? 4) What best practice and procedural concepts should we introduce into the continuum to ensure that all students are given opportunities to learn and use normative school community behaviors? How do we use intervention to teach replacement behaviors to students who need mentoring, coaching, and opportunities to make restitution for their behaviors? What steps should we take to keep students connected with schooling and in school that are not being used or available now? 5) What are your recommendations for a pilot Board Disciplinary Committee? What functional procedures would be put in place in this pilot to hear student disciplinary cases? 6) What needs to change to make Board hearings more effective? Increase consistency of procedures and processes used by school administrators across schools? How do we ensure that all administrators are knowledgeable of and responsive to meeting expectations of the Board regarding disciplinary background materials and communication with the Board during hearings? Over the course of the past year, the committee has added parent and community representation and has sought feedback from students. The committee engaged Board members during its work session on April 26 to discuss and review draft of information and recommendations. School Board Meetings: The next regularly scheduled School Board meetings are May 10 and May 24. In addition, a third monthly meeting is tentatively scheduled for May 21 to handle student conduct/discipline issues. Graduation Dates: May 31, 2007 CATEC Graduation, 7 p.m., Martin Luther King, Jr. Performing Arts Center June 4,2007 Post High Graduation June 7, 2007 Murray High School Graduation, 6 p.m., Burley Middle School Auditorium June 8, 2007 Western Albemarle High School Graduation, 8 p.m., Warrior Stadium June 9, 2007 Monticello High School Graduation, 9:30 a.m., Monticello Football Field June 9, 2007 Albemarle High School Graduation, 1 p.m., John Paul Jones Arena SERVICE AGREEMENT TIllS AGREEMENT, made this 1-6:. day of ~, 2007, by and between the COUNTY OF ALBEMARLE, VIRGINIA, a pohtical subdivision, (the "County"), and the STONY POINT VOLUNTEER FIRE COMPANY, INC., a Virginia Corporation, (the "Fire Company"). WHEREAS, the Fire Company agrees to continue to provide valuable fire suppression services in Albemarle County in its delineated service area as set forth on the Response Area Maps located at the Emergency Communications Center ("Service Area"); and WHEREAS, the Fire Company desires the County to contribute Two Hundred Fifteen Thousand Seven Hundred Fifty Dollars ($215,750.00) to provide for renovations and improvements to their building and property located at 3827 Stony Point Road, Charlottesville, Virginia (County Tax Map 48 Parcel 18D) that are necessary to provide fire suppression services. NOW, THEREFORE, for and in consideration of the above stated premises, the County and Fire Company agree, as follows: 1. The County shall contribute to the Fire Company Two Hundred Fifteen Thousand Seven Hundred Fifty Dollars ($215,750.00) to be used to fund building improvements as identified in Attachment A of this agreement. The funds shall be allocated from the County's Capital Improvements Fund and will be appropriated to a County budget code dedicated to these projects. The County will work with the Fire Company to procure and manage the projects as stated in the Volunteer Fire Rescue Building Maintenance Funding Policy (Attachment B). 2. The Fire Company agrees that the County will withhold Seventeen Thousand Nine Hundred Eighty Dollars ($17,980.00) from the County's annual appropriation to the Fire Company's operating budget beginning July 2007 through July 2017 and Seventeen Thousand Nine Hundred Seventy Dollars ($17,970.00) in July 2018. Thus at the end of twelve (12) years, which is the term of this Agreement, a total of $215,750.00 shall be withheld. The Fire Company agrees that any amount of this repayment that may exceed the County's annual appropriation will be remitted to the County no later than July 31 of each' repayment year. 3. The Fire Company agrees that it shall not convey any of the improved property or any interest therein to any party other than the County without the County's prior written consent during the term of this Service Agreement. In addition, the Fire Company agrees that any insurance proceeds received from a claim related to any damage to the property shall be used entirely for the immediate repair and improvement of the property unless the County expressly authorizes in writing a different use for such funds. 4. The Fire Company agrees that at such time as it no longer provides volunteer fire suppression in Albemarle County while operating under the jurisdiction of the County that it shall convey all of its interest in the property to the County at no additional cost to the County upon the County's request. 5. Nothing contained herein shall be construed to prevent additional appropriations by the County to the Fire Company, at the discretion of the County Board of Supervisors, to support, enhance, or augment the services to be provided by the Fire Company. Witness the following signatures and seals: &7/Vtl07 Date STONY P INC. VOLUNTEER FIRE COMPANY, /~ / . &~rk / Date J/.J~ 5/?t/r/J Approved as to Form: ~A/L ~tY. omey COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE: The foregoing Service Agreement was signed, sworn to and acknowledged before me this ~ day of Mav , 2007 by Robert W. Tucker, Jr. A/aMP) A. 17/tnl1~M~ ~ Public ""= My Commission Expires: June 30, 2009 COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE: The foregoing Service A~ement was signed, sworn to and acknowledged before me this :J. 8 day of 1'1111<C;' ,2007 by .:10/111" ~ //!JiJ,V ,rt{ . ~R1~ Notary Public ' My Commission Expires: - JAJ/ 3" :lopS , Attachment A Stony Point Volunteer Fire Company, Inc. Projects to be funded with Service Agreement Proceeds: Remodel of bunk. rooms Toilet and laundry facilities Expand/remodel kitchen Renovate meeting/training room Storage building Total $ 75,000 $ 13 ,500 $ 26,250 $ 26,000 $ 75.000 $ 215,750 Attachment B Volunteer Fire Rescue Building Maintenance Funding Policy 1. Purpose The purpose of this policy is to assist volunteer fire and rescue stations that do not have the financial means to fund building repairs and minor building renovations. 2. Volunteer Station financial assessment The intent of the policy is to provide financial assistance to volunteer stations that do not have the financial means to fund building repairs and minor building renovation projects. Therefore, a volunteer station requesting assistance will need to show that the station is unable to independently fund the project. Determining financial hardship requires that the station disclose the Company's financial statements (balance sheet and income statement - see example at end of document) to help demonstrate the station's financial need. 3. Qualified proiects Building repairs and minor building renovation projects that help maintain the current facility shall be qualified for consideration. Projects beyond this scope will be addressed on a case by case basis through the normal CIP process. 4. Five year buildina assessment to determine future expenditures 4.1. Stations requesting financial assistance must conduct a five year assessment of their building to determine the long term maintenance needs. The five year assessment should include a projected and prioritized list of building repairs/renovations, a cost estimate per repair/renovation, and a narrative outlining the justification for each repair/renovation. Priority ... Hi~ Medium Medium Project type Roof repair HV AC replacement Bunk room reno"lStion Total North River VFD Major Building Repairs FY06/07 FY07/08 30,000 FY08/09 FY09/10 FY10/11 15.000 30,000 15.000 5,000 5.000 4.2. County staff will work with volunteer staff to assess the projects to help .. determine needs, eligibility and timing. 5. Fundina Assistance 5.1. Financial assistance shall be provided through a no-interest loan with a five to ten year payback period. In cases of extreme financial hardship, a grant may be considered. 5.2. A volunteer station receiving a no-interest loan will work with County staff to develop a financial plan to ensure that the loan will be paid in full over time. The plan will be reviewed and approved by the Office of Management and Budget (OMB) before financial assistance is provided. 6. Other reauirements 6.1. Volunteer stations that qualify according to this policy shall submit a request to the Company of Fire Rescue by August 1 in preparation for the next fiscal year budget process. 6.2. Approved projects will be procured and completed according to current County policies and procedures Station name: North Rher VFD '., ;;J:,,~1s,._,._, Beginring Cash Balanoa Available ca,sh on terdlchecking ac:colllt $ Real Estae 5,000 Blildirg/land @marketvalte $100,000 $ Explain in narrative $ Period ending: JlJ1e 30, 2005 Liabilities, Ba lance of open acCOlrts $ 5,000 fotltes on mortgages o.ved rn.estmerts 0Iher indebtedness/obligations CDs, stock, bonds, savings, etc. $ 15,000 Equipment, Vehides, etc. Eqlipmert not purcresed ttToughCP $ 30,000 Resticied FU'lds Explain in narrative $ Tolal Asses $ 150,000 NetWorth $145,000 btal asse1s mimli btalliabilities ReceipsJRewnue COl.ntyContribution _ Doraions, contribution, bequests, etc. FUld raising hErest and dividends Grants 0Iher incomelrevenl.e $100,000 $ 5,000 $ 15,000 $ 2,000 $ 1 ,000 $ $123,000 Toml receiptslrevenue Total Lia billies $ 5,000 Expendlures Operatioral expenses Capital experditures 0Iher (irclude tJansfers to asset accounts) fotln-operatioral expenses Q.e. -flnd raising cos1s) $100,000 $ $ $ 5,000 Total expenditures $105,000 Cash increase/decrease (receipts minus expenditu"es) $ 18,000 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Stony Point VFD Loan Agreement AGENDA DATE: May 2, 2007 SUBJECT/PROPOSAL/REQUEST: Approval for the County Executive to sign agreement to loan Stony Pont VFD funds for building improvement ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Trank, Eggleston and Shad man ATTACHMENTS: Yes LEGAL REVIEW: Yes REVIEWED BY: ~ , BACKGROUND: On April 5, 2006, the Board approved a plan to appropriate funding from the FY06/07 CIP fund balance for a $215,750 no- interest loan to the Stony Point VFD for various building renovation projects needed to maintain or ensure services. The loan was in addition to a County grant to Stony Point VFD for $239,736 to repair/replace the fire department's roof, parking lot, and HVAC system. Staff recommended that the loan be paid back over 12 years through an annual payment of $17,980 per year. On June 7, 2006, the Board adopted a resolution appropriating the funds. Prior to transferring the loan funds, a Service Agreement is necessary to define the terms and conditions of the loan. STRATEGIC PLAN: Enhance the Quality of Life for all Albemarle County Residents. DISCUSSION: General Services is in the process of implementing the projects associated with the grant funding and planning work has been completed on the projects associated with the no-interest loan. However, before the work can proceed on the projects associated with the loan, a service agreement is necessary to define the terms and conditions of the loan. Staff prepared the attached Service Agreement which was shared with Stony Point VFD's chief and administration staff. The agreement defines the basic terms of the loan: $215,750 no-interest loan, paid back over 12 years through an annual payment of $17,980 per year. The Agreement was reviewed and signed by Stony Point VFD's chief. BUDGET IMPACT: No additional budget impact. RECOMMENDATIONS: Staff recommends that the Board authorize the County Executive to sign the loan agreement on behalf of the County. ATTACHMENTS A - AQreement between County of Albemarle, Virqinia and Stony Point Volunteer Fire Company, Inc. Attachment A SERVICE AGREEMENT THIS AGREEMENT, made this day of ,2007, by and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision, (the "County"), and the STONY POINT VOLUNTEER FIRE COMPANY, INC., a Virginia Corporation, (the "Fire Company"). WHEREAS, the Fire Company agrees to continue to provide valuable fire suppression services in Albemarle County in its delineated service area as set forth on the Response Area Maps located at the Emergency Communications Center ("Service Area"); and WHEREAS, the Fire Company desires the County to contribute Two Hundred Fifteen Thousand Seven Hundred Fifty Dollars ($215,750.00) to provide for renovations and improvements to their building and property located at 3827 Stony Point Road, Charlottesville, Virginia (County Tax Map 48 Parcel 18D) that are necessary to provide fire suppression services. NOW, THEREFORE, [or and in consideration of the above stated premises, the County and Fire Company agree, as follows: 1. The County shall contribute to the Fire Company Two Hundred Fifteen Thousand Seven Hundred Fifty Dollars ($215,750.00) to be used to fund building improvements as identified in Attachment A of this agreement. The funds shall be allocated from the County's Capital Improvements Fund and will be appropriated to a County budget code dedicated to these projects. The County will work with the Fire Company to procure and manage the projects as stated in the Volunteer Fire Rescue Building Maintenance Funding Policy (Attachment B). 2. The Fire Company agrees that the County will withhold Seventeen Thousand Nine Hundred Eighty Dollars ($17,980.00) from the County's annual appropriation to the Fire Company's operating budget beginning July 2007 through July 2017 and Seventeen Thousand Nine Hundred Seventy Dollars ($17,970.00) in July 2018. Thus at the end of twelve (12) years, which is the term of this Agreement, a total of $2]5,750.00 shall be withheld. The Fire Company agrees that any amount of this repayment that may exceed the County's annual appropriation will be remitted to the County no later than July 31 of each repayment year. 3. The Fire Company agrees that it shall not convey any of the improved property or any interest therein to any party other than the County without the County's prior writtl~n consent during the term of this Service Agreement. In addition, the Fire Compar..y agrees that any insurance proceeds received from a claim related to any damage to the property shall be used entirely for the immediate repair and improvement of the property unless the County expressly authorizes in writing a different use for such funds. 4. The Fire Company agrees that at such time as it no longer provides volunteer fire suppression in Albemarle County while operating under the jurisdiction of the COlffity that it shall convey all of its interest in the property to the County at no additional ;;ost to the County upon the County's request. 5. Nothing contained herein shall be construed to prevent additional appropriations by the County to the Fire Company, at the discretion of the County Board ofSupervi5.ors, to support, enhance, or augment the services to be provided by the Fire Company. Witness the following signatures and seals: cm JNTY OF ALBEMARLE, VIRGINIA Date By: ROBERT W. TUCKER, JR., County Executive ~~ Date STONY POINT VOLUNTEER FIRE COMPANY. INe. By: ,- 2,/L~ gw"y-"V- 5/c'/r~ y " Approved as to Form: County Attorney COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE: The foregoing Service Agreement was signed, sworn to and acknowledged bejore me this _ day of ,2007 by Robert W. Tucker, Jr. Notary Public My Commission Expires: COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE: The foregoing Service Agreement was signed, sworn to and acknowledged before me this ;}. 8 d,ayof I'1Allc/1 ,2007 by .:JC/,,y YEitttI/6iJ"" .7',< . ~~~ Notary Public ' My Commission Expires: :!;,J/ 31. ~()P8 , Attachment A Stony Point Volunteer Fire Company, Inc. Projects to be funded with Service Agreement Proceeds: Remodel of bunk rooms Toilet and laundry facilities Expand/remodel kitchen Renovate meeting/training room Storage building $ 75,000 $ 13,500 $ 26,250 $ 26,000 $ 75.000 Total $ 215.750 Attachment B Volunteer Fire Rescue Building Maintenance Funding Policy 1. Purpose The purpose of this policy is to assist volunteer fire and rescue stations that do not have the financial means to fund building repairs and minor building renovations. 2. Volunteer Station financial assessment The intent of the policy is to provide financial assistance to volunteer stations that do not have the financial means to fund building repairs and minor building renovation projects. Therefore, a volunteer station requesting assistance will need to show that the station is unable to independently fund the project. Determining financial hardship requires that the station disclose the Company's financial statements (balance sheet and income statement _ see example at end of document) to help demonstrate the station's financial need. 3. Qualified proiects Building repairs and minor building renovation projects that help maintain the current facility shall be qualified for consideration. Projects beyond this scope will be addressed on a case by case basis through the normal CIP process. 4. Five year buildina assessment to determine future exoenditures 4.1. Stations requesting financial assistance must conduct a five year assessment of their building to determine the long term maintenance needs. The five year assessment should include a projected and prioritized list of building repairs/renovations, a cost estimate per repair/renovation, and a narrative outlining the justification for each repair/renovation. Priority HigJ Medium Medium Project type Roof repair HV AC replacement Bunk room reno\Stion Total North River VFD Major Building Repairs FY06/07 FY07/08 30,000 FY08/09 FY09/10 FY10/11 15.000 30,000 15,000 5,000 5,000 4.2. County staff will work with volunteer staff to assess the projects to help determine needs, eligibility and timing. 5. Fundina Assistance 5.1. Financial assistance shall be provided through a no-interest loan with a five to ten year payback period. In cases of extreme financial hardship, a grant may be considered. 5.2. A volunteer station receiving a no-interest loan will work with County staff to develop a financial plan to ensure that the loan will be paid in full over time. The plan will be reviewed and approved by the Office of Management and Budget (OMB) before financial assistance is provided. 6. Other reauirements 6.1. Volunteer stations that qualify according to this policy shall submit a request to the Company of Fire Rescue by August 1 in preparation for the next fiscal year budget process. 6.2. Approved projects will be procured and completed according to current County policies and procedures . S1atlon name: North RiI.erVFD Period ending: JlIle 30.2005 Assets Liabilities Beginring Cash Balance Sa lance of open accourts Available cash on l"ardlched<ing acooUlt $ 5,000 $ 5,000 RealEstaE r-btes on mortgages owed BuildirgJland@marketvalle $100,000 $ - h\.estmerts Other indebtedness/obligations CDs, stock. bonds, savings. etc. $ 15,000 ExpIa in in narrative $ - Equipment, Vehides, etc. EqLipmert not pun::resed ltToughCP $ 30 .000 Rest-ided FlJ'lds Explai n in narra bYe $ - Tolal Assets $150,000 Total Liabilties $ 5.000 Net Worth $145,000 t>ta1 assets mi nLS t>ta1 M cD ti ti es ReceiptsJRevenue Expenditures Collltycontribution $ 100,000 Operatioral expenses $100,000 Dora.OIlS, contribution, bequests, etc. $ 5,000 Capit:ll experditures $ - FlJ'ld raising $ 15,000 Other (irclude trarsfers to asset acoounts) $ - herest and dividends $ 2,000 r-b~operatioral el<perses Q .e. - fu1d raising COS1S) $ 5,000 Grants $ 1.000 other inoomelrevenle $ - TOIaI receiptsll9Yenue $123,000 Totalexpendrtures $105.000 Cash increase/decrease (receipts minus expendttu"es) $18,000 Albemarle County AGRICULTURAL AND FORESTAL DISTRICTS ADVISORY COMMITTEE RETIRING MEMBERS Mr. Joseph H. Jones As a representative of the farming community, Mr. Jones has served without compensation on the Agricultural and Forestal District Advisory Committee continuously since February of 1983. As a member and past chairman of the advisory committee Mr. Jones has advised the planning commission and the board of supervisors on matters impacting Albemarle County's Agricultural and Forestal Districts and has rendered expert advice as to the nature of farming, forestry, and agricultural/forestal resources within the districts. Mr. Jones has provided guidance as to how continuing agricultural and forestal activities and preserving agricultural and forestal resources impact the landscape of the County and the community as a whole. In addition, Mr. Jones has provided expert advise and recommendations to the planning commission and the board of supervisors on matters pertaining to the rural areas of the county which may affect agriculture, forestry, or open space. Please join us in thanking Mr. Jones for over 24 years of continuing commitment and lasting contributions to rural Albemarle County. Mrs. Babs Huckle As a representative of landowners in the County, Mrs. Huckle has served without compensation on the Agricultural and Forestal District Advisory Committee continuously since January of 1983. As a member of the committee Mrs. Huckle has advised the planning commission and the board of supervisors on matters impacting Albemarle County's Agricultural and Forestal Districts and has rendered expert advice from the perspective of a landowner within a district regarding how the continuing presence of agricultural and forestal resources within the landscape impacts County land owners and the community as a whole. Mrs. Huckle has provided expert advise and recommendations to the planning commission and the board of supervisors on matters pertaining to the rural areas of the county which may affect agriculture, forestry, and open space. Please join us in thanking Mrs. Huckle for over 24 years of continuing commitment and lasting contributions to rural Albemarle County. Mr. Bruce Hogue As a representative of the farming community, Mr. Hogue has served without compensation on the Agricultural and Forestal District Advisory Committee continuously since January of 1983. As a member of the committee Mr. Hogue has advised the planning commission and the board of supervisors on matters impacting Albemarle County's Agricultural and Forestal Districts and has rendered expert advice as to the nature of farming, forestry, and agricultural/forestal resources within the districts. Mr. Hogue has provided guidance as to how continuing agricultural and forestal activities and preserving agricultural and forestal resources impact the landscape of the County and the community as a whole. Mr. Hogue has provided expert advise and recommendations to the planning commission and the board of supervisors on matters pertaining to the rural areas of the county which may affect agriculture, forestry, or open space. Please join us in thanking Mrs. Hogue for over 24 years of continuing commitment and lasting contributions to rural Albemarle County. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: FY 07 Third Quarter Financial Report AGENDA DATE: May 2, 2007 ACTION: INFORMATION: SUBJECT/PROPOSAL/REQUEST: Quarterly Financial Report for the Nine Months Ended March 31 , 2007 CONSENT AGENDA: ACTION: INFORMATION: X REVIEWED BY: STAFF CONTACTCS): Tucker, Foley, Davis, Wiggans, Walters ATTACHMENTS: Yes LEGAL REVIEW: Yes BACKGROUND: The attached Quarterly Financial Report provides information on the County's General Fund operations and Fund Balance as of March 31, 2007. The Financial Report includes a bar chart that compares current fiscal year revenue and expenditure data with data from the previous Fiscal Year. STRATEGIC PLAN: Goal 5: Fund the County's Future Needs DISCUSSION: ($ in Millions) A. Attachment A: Financial Report: 1. Revenues: General Fund revenues are estimated to be $2.221 million, 1.1 %, less than appropriations, a $4.403 million decrease from the last Financial Report. Transfers from other funds will exceed appropriations by $0.027 million. Total revenue, use of other funds, and use of fund balance is estimated to be $2.195 million, 1.1 %, less than appropriations. a) Real Estate Tax revenues are estimated to be $3.958 million, 3.9%, less than appropriations, a $4.656 million decrease from the last Financial Report. The decrease is primarily due to the $0.06 reduction in the 2007 tax rate from the budgeted $0.74 per $100 to the adopted $0.68 per $100 tax rate. b) Personal Property Tax revenues are estimated to exceed appropriations by $0.393 million, 2.4%, a $0.350 million decrease from the last Financial Report. The decrease is due to less than anticipated second half tax bills. c) Sales Tax revenues are estimated to exceed appropriations by $0.100 million, 0.7%, a $0.150 million increase from the last Financial Report. The increase reflects the continued strong local economy. d) Business License Tax revenues are estimated to exceed appropriations by $0.244 million, 2.7%, no change from the last Financial Report. e) Utility Taxes are estimated to be $0.270 million, 3.5%, less than appropriations, a $0.029 million decrease from the last Financial Report. The decrease is due to the continued mild weather conditions. Weather conditions are volatile and can change unexpectedly, significantly affecting revenues. f) Food and Beverage Tax revenues are estimated to exceed appropriations by $0.225 million, 4.4%, a $0.025 million increase over the last Financial Report. The increase is attributed to the continued growth in convenience food preparation. g) Other Local taxes are expected to exceed appropriations by $0.328 million, 3.5%, a $0.019 million decrease from the last Financial Report. The decrease is due to the reduced real estate tax rate levied on mobile homes and public service property. h) Other Local revenues are expected to exceed appropriations by $0.635 million, 12.8%, a $0.095 million increase from the last Financial Report. The increase is primarily due to unanticipated interest earnings resulting from greater than anticipated yields and larger cash balances. This source of revenue will decrease as real estate revenues are reduced due to the lowered tax rate. i) State revenues are expected to exceed appropriations by $0.128 million, 0.5%, a $0.275 million increase over the last Financial Report. The increase is due to anticipated additional reimbursements for Social Service expenditures. j) Categories which vary less than $0.100 million are not analyzed in this report. 2. Expenditures: Total Expenditures, including transfers, are within appropriate levels at 73.0 % for the first nine months. a) Departmental expenditures are at 67.6% of appropriations. b) Revised departmental expenditures are estimated to generate savings of $0.500 million. c) Jail operations are projected to exceed appropriations by $0.600 million. This over-expenditure will be absorbed by the available $1.098 million Board reserve for contingencies. This will leave a balance of $0.498 million available in the Board reserve for contingencies category as well as $0.102 million in other revenues. 3. Revised Revenues less Revised Expenditure Appropriations: a) Revised revenues are projected to be $1.695 million less than expenditures based on the March revenue update adjusted for the adoption of the $0.68 per $100 tax rate as well as an estimated $0.500 million in departmental savings. b) Fund Balance available May 02,2007 is $2.317 million. This is net the proposed transfer of an estimated $7.225 CIP transfer based on the FY06 surplus and a $0.465 FY06 CSA over- expenditure transfer that was not made last year. The original proposed CIP transfer of $9.225 million was reduced by $2.000 million during the FY08 Budget process. c) Projected End-of-Year Available Funds are projected to be $0.621 million. B. Attachment B: Budaet Comparison Report: The bar-chart report tracks changes in revenue and expenditure changes over time. 1. Only two revenue categories, Utility Taxes and Other Local Taxes, project decreases from FY06 actual. 2. Expenditures in all categories except Non-School Transfers are expected to increase over FY06 actual. C. Attachment C: Fund Balance Report: The report indicates that the County: 1. Has an Audited FY06 Fund Balance of $25.079 million as of June 30, 2006, 2. Appropriated $2.072 million for FY07 projects, 3. Has a remaining FY06 Fund Balance of $23.007 million at March 31,2007, 4. Reserved $13.000 million for cash flow purposes, 5. Has proposed commitments of $7.690 million, and 6. Has Unobligated Funds Available of $2.317 million at May 2,2007. BUDGET IMPACT: This report is based on audited financial data for FY 06 and nine months of operations for FY 07. The next report, to be presented to the Board in October, 2007, will contain preliminary year-end information for FY 07. RECOMMENDATIONS: This report has been prepared for your information. No action is required. 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C :J o o Q) 'i: ns E Q) .c - <C c 0 ~ "0 C Q.) 0 u iii ~ .Q ro E u <c :J ~'2 .Q "0 Uc <c Q.) $..2 !:!:!-.2 - ro 11l roCO ...- .~ 11l 11l :J Q.) U Q.) u 1:5 iij c.Q c.Q <( w :.:J<c :.:J<c I T I I . I I (() tf)- (() tf)- It) tf)- It) tf)- (SUO!ll!1I\I UI) suo!Je:>oll't oo:t tf)- oo:t tf)- <0& Va ~ & V~ Va ~ "Q VA Va ~ A V~ Oa ~ Cl Oe ... Oa lIS ~ ell > ~o. -; L () Oa III ~ u: I- .t' 0 Oa c Va > ~ 00. 6l ~e L 6l ~& <5'e L <ge, <6l ~.t' <e& 15'e L (") tf)- Page 2 of2 improvements where they can. David Slutzky asked that VDoT identify some examples of what you are doing and then send an email to other board members so they can see, just in case the issue comes up in another place. Lindsay Dorrier - Asked that VDoT look at Route 713 located between 712 and 795, an unpaved section of road 3 - 5 miles long. There is a lot of pressure on that road. 795 is increasing in traffic. A school bus driver thought something should be done about the dust. Mr. Dorrier also would like to have a traffic count because it is being used more and more. Ken Boyd - Gilbert's Station Road is paved and unpaved, VDoT is working on RRR, will that complete the paving of that road? Darrin Simpson thinks there is one section that does not qualify. Ken Boyd asked for an e-mail of what the limits are that VDoT will pave. Darrin believes developers or homeowners pitched in as well. Ken is curious as to what is still left unpaved. Sally thanked VDoT for 820 Buckingham Circle, The neighbors are delighted with what VDoT did. Darin explained the mobile pothole patcher, and hopes it will enable VDoT to be cost effective, and accomplish more work. Ken Boyd asked if Rocky Hollow Road is near completion. Darin is not sure which stage they are in. David Wyant thanked VDoT for the great job on working with homeowners to resolve issue with the Bargamin property. Dennis Rooker noticed a graph of secondary allocations, est. vs. actual. It was in handouts today, and it had been e-mailed. Juan Wade said he had given it to Dennis, not VDoT. He does not think the graph matches up. Juan contacted Joel and Allan of VDoT, and will be meeting with them next week. Not exactly the same. They are looking at the discrepancy. Dennis is trying to get an accurate list of what our secondary roads allocations have been over the last ten years. Dennis also said that on Roslyn Ridge Road where the church is being built, the road is breaking off. He feels it might be wise to call and have them at least patch area the area temporarily. Darin advised that VDoT will check into that, and thinks they can have them do that through their permitting process. Meagan R. Hoy Senior Deputy Clerk County of Albemarle 434-296-5843 mhoy@albemarle,org 5/29/2007 Page 1 of2 Ella Carey From: Meagan Hoy Sent: Friday, May 25, 2007 2:41 PM To: Ella Carey Subject: FW: Actions- May 2007 Hey Ella, VDoT needed the actions from the May 2 BOS meeting, so between your notes and listening to the recording, this is what I came up with! See you Tuesday, Meagan From: Meagan Hoy Sent: Friday, May 25,200711:17 AM To: 'Kennedy, Sue M.' Cc: Sumpter, Allan D; Lettie Neher Subject: Actions- May 2007 Hi Allan, I will send the action letter in full once Ella has time to review it, but this is the VDoT portion that you will need. Best, Meagan Darin Simpson - Assistant Residency Administrator for the Charlottesville Residency - Allan is attending a leadership conference in VA Beach, With the Winter behind us, VDoT is starting more projects in the area. David Slutzky - new sidewalks on Rio are nice, but after heavy rain, one of the wheelchair ramps had a significant water puddle, it was not built correctly, and he is worried about ice in the winter time, Daren Simpson - if the contractor has not been released, there is still a possibility it could be corrected. VDoT will check into it. David Slutzky - Along Old Brook Road, the area is always full of mulch and debris. He would like for it to be cleaned out. Darin - It is in the State system, and VDoT will check into it. Rio/hydraulic changes to signal are completed, Mr, Slutzky is grateful. Dennis Rooker - On Roslyn Ridge Road, trees had gone down and destroyed guardrails on two sides. It appeared VDoT was repairing one that had not been damaged, and he would like for that to be checked on. He also noticed they were removing trees presently in the culverts. Advance Mills Bridge- a good number of people came to the MPO meeting to discuss before the recent closing, David Wyant - Advance Mills Bridge- is it permanently closed? VDoT found additional cracks and it will take a while for VDoT to determine. Mr. Wyant asked if it was on an accelerated schedule with the district, because he feels it should be. VDoT will find out. The informational meeting will be May 8th at 7 p.m. at Broadus Wood Elementary. The Board would like preliminary estimate of the cost of the bridge. Sally Thomas - Appreciated Allan Sumpter, who listened to her concerns about 29 South. They had a meeting and Ches Goodall is going to walk the median strip and work with VDoT on dead trees, etc. The other item people from White Mountain Road - People were not happy with the condition of road, and VDoT took care of it as a maintenance spot improvement. She has asked Allan to find another road that has same kind of treatment VDoT was planning on giving White Mountain Road, because it would be a rough surface, and seeing an example will be of some help to the people who were fearful of this. VDoT will find model that people can look at, then there will be a community meeting to discuss it. David Wyant has spent a lot of time on that road, and the road is pretty narrow and rough for school bus. Sally said that unsafe for some people is rural rustic for others. Darrin said VDoT will continue to do spot 5/29/2007 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Development Review Task Force Report AGENDA DATE: May 2,2007 SUBJECT/PROPOSAL/REQUEST: Discussion on Reviewing the Recommendations of the Development Review Task Force ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: LEGAL REVIEW: Yes REVIEWED BY: STAFF CONTACnS): Messrs, Tucker, Foley, Davis, Graham, Ms. Catlin ATTACHMENTS: Yes BACKGROUND: The Board of Supervisors appointed the Development Process Review Task Force in March, 2006, with the following charge: Using the existing staff work on process improvements as a starting point, the task force will review and assess the current legislative review process for improvements in efficiency, effectiveness, quality and adequate public participation. The Task Force was appointed with the following membership: Bruce Dotson Ann Mallek David Bowerman Michael Hancox Valerie Long Michael Barnes Marcia Joseph Eric Strucko Kenneth C. Boyd David C, Wyant Robert W. Tucker Robert Spekman, PhD The Board established the following Scope of Review to guide the Task Force's activities: To focus on improving the legislative review process, but not to alter policy regarding the scope of legislative reviews, with consideration of the following issues: . Public input process · Timeliness of review · Quality of review · Quality of approved plans · Complexity of review · Thoroughness of review · Ease of the review process · Efficiency of the review process · Review processes in Rural Areas vs, Development Areas · Resources necessary to implement any proposed changes · Consideration of changes to current development fees STRATEGIC PLAN: Goal 4 - Effectively Manage the County's Growth and Development. AGENDA TITLE: Development Review Task Force Report May 2,2007 Page 2 DISCUSSION: The Task Force began meeting in late April, 2006 and accomplished the following major tasks: · Reviewed and evaluated staffs initial set of recommendations · Identified new possibilities for process and public participation improvements · Evaluated current process for plan review · Solicited community input via a survey of citizens, development community and staff · Drafted list of potential recommendations · Prioritized recommendations based on those that would have the most positive impact and those that could be implemented most quickly · Developed preliminary action plans for priority recommendations Task Force Recommendations: Committee recommendations are presented in the following three categories: 1. New actions that were identified as higher priority The complete list of higher priority new actions is contained in a matrix as part of the full task force report titled Attachment A. The following are the five potential actions that the committee felt would have the most significant impact on improving the process. · Modified 2 Phase ZMA Process - 2 phase ZMA process will avoid need for detailed submissions until "big picture" issues have been answered, reducing cost to applicants and lessening review time required while producing higher quality projects with appropriate public participation. · Improve ARB/PC/Board coordination, clarify role of ARB - Clarify the sequential review process to alleviate confusion for staff, applicants, Planning Commission and Board of Supervisors and clarify the extent of review from the PC and ARB expected by the Board, prior to BOS review. · Detailed process documentation focused on creating consistent review - Documentation on review process for ZMAs, SPs, SDPs, and SUBs will be used by staff for performing reviews and made available to applicants and the public to understand process, · Establish staff authority for waivers and modifications - Expand those decisional areas where staff can exercise authority without Planning Commission/Board of Supervisors review for projects located in the development areas. · Develop a Proffer Policy to include elements beyond a cash amount - Establish clear and consistent expectations with regard to what proffer levels are acceptable and strive to avoid creating undefined mandates as new regulations are adopted. 2. Actions already planned or underway Some of the items discussed by the task force were already planned for or underway in some form as the group was meeting, or have gotten underway since that time. The task force wanted to reaffirm the County's commitment to these actions and in some cases they provided specific direction regarding individual action items. The complete list of actions already planned or underway is contained in a matrix as part of the full task force report titled Attachment A. 3. Other priorities In addition to the higher priority items, the task force identified a number of other actions that they felt would be significant improvements to the development review process, While these actions did not receive the highest endorsement by the task force, it was recommended that these items should be kept on record and addressed by staff as they are able. The complete list of other ideas are contained in a matrix as part of the full task force report titled Attachment A. The Task Force recommends that the Board of Supervisors gives approval to staff to move forward with implementing those high priority recommendations that do not require significant additional staff time or resources, specifically those five actions outlined above, The Task Force also recommends that staff implement any additional recommendations that can be addressed as part of future initiatives already planned or underway as they are able, for example the upgrade of the website, the Countyview web application and expansion of the AMail enews service, among others. AGENDA TITLE: Development Review Task Force Report May 2,2007 Page 3 BUDGET IMPACT: The primary budget impact of these recommendations would be felt in additional resources that would be required to move the recommendations along more quickly than could be accommodated within the existing Community Development work plan. Addressing the priority items above can be accommodated without a budget impact by making minor adjustments in the current work plan. RECOMMENDATIONS: Staff supports the recommendations of the Task Force and recommends moving forward with the higher priority items with minor adjustments in the current Community Development Work Plan, The work plan and those adjustments are scheduled for discussion at the June 6th Board of Supervisors meeting. Staff notes that the work plan will need to be adjusted to allow bullet #5, Development of a Proffer Policy, to be accomplished within a reasonably quick timeframe. Also, staff support would be required to draft ordinance changes required to accomplish bullet #4 regarding expanded staff authority. ATTACHMENTS A - Development Review Task Force Report Attachment A Task Force Charge: Using the existing staff work on process improvements as a starting point, the task force will review and assess the current legislative review process for improvements in efficiency, effectiveness, quality and adequate public participation. Task Force Membership: A. Bruce Dotson Ann Mallek David Bowerman Michael Hancox Valerie Long Michael Barnes Marcia Joseph Eric Strucko Kenneth C. Boyd David C. Wyant Robert W. Tucker Robert Spekman, PhD Scope of Review: To focus on improving the legislative review process, but not to alter policy regarding the scope of legislative reviews, with consideration of the following issues: · Public input process · Timeliness of review · Quality of review · Quality of approved plans · Complexity of review · Thoroughness of review · Ease of the review process · Efficiency of the review process · Review processes in Rural Areas vs. Development Areas · Resources necessary to implement any proposed changes · Consideration of changes to current development fees Major Tasks: · Review and evaluate staff's initial set of recommendations · Identify new possibilities for process and public participation improvements · Solicit community input via a survey of citizens, development community and staff · Evaluate current process for plan review · Draft list of potential recommendations · Prioritize recommendations based on those that would have the most positive impact and those that could be implemented most quickly · Develop preliminary action plans for priority recommendations Recommendations: Committee recommendations are presented in the following three categories: 1. New actions that were identified as higher priority 2. Actions already planned or underway 3. Other ideas (1) New actions that were identified as higher priority Priority 2 Phase ZMA Process 2 phase ZMA process will avoid need for detailed submissions until "big picture" issues have been answered, reducing cost to applicants and review time required and improving the ultimate quality of the project while maintaining appropriate public input Improve ARB/PC/Board coordination, clarify role of ARB Clarify the sequential review process to alleviate confusion for staff, applicants, planning commission and board of supervisors and clarify the extent of review from the PC and ARB expected by the Board, prior to BOS review. Action Stepsrrimeline/Staff Resources Required The first phase of the two step process would start by defining the issues related to the proposal. These issues would include, but not be limited to, the developers concept for the parcel, the citizen input/concerns, the county staff assessment of: the Comprehensive Plan's goal for the parcel, how the project does or does not fit into the context of the surrounding neighborhood, the infrastructure deficiencies (either existing or caused by the proposal), etc. Next, the process would focus on developing and ranking design parameters that, if implemented correctly, would address the goals and mitigate the concerns. The first phase would conclude with the establishment of "findings" by the Planning Commission that, if the project implemented the design parameters, it would be generally consistent with the Comprehensive Plan and the surrounding neighborhood. A record of comments would be available to the applicant and would serve as a basis for the site design in Phase 2. The PC's "findings" would not insure the ultimate approval of the application and the project would not go to the Board at this stage, but a copy of the findings would be sent to the Board for their review and information." Phase 2 - the second phase consists of a detailed review to meet all requirements and policies of the County A related staff recommendation is to conduct a comprehensive evaluation of the 1 DO-plus item list to see if some/all requirements should be included in an ordinance. Community Development staff anticipates this effort can be completed in 2007 and any ordinance changes would follow this. In the short-term, development and implementation of this process requires additional staff work, but this process is intended to Quickly recover that investment. · Review current applicable ARB ordinances with the Board to clarify code guidance on the role of the ARB · Explain the current practice as to ARB involvement in Planning Commission processes · Determine whether the Board wants to amend the ordinance to reflect current practice or to use existing ordinance guidelines for ARB involvement - the committee recommends that the existing guidelines be used to refine the ARB role to its original purpose · Communicate guidance to the Planning Commission and ARB members regarding the BOS guidance, and provide training to clarify appropriate roles and functions · Prepare staff to assist ARB members to stay within the designated review and decision-making roles · Provide the following sequence in flow chart form as a gu for staff and applicant: 2 Comp Plan amendments review step 1- PC, Step 2 - BaS, ZT As - review step -1 PC, step 2 - BOS ZMAs - Assuming 2 part zoning review (part 1 focused on lar use, part 2 focused on design elements) review part 1 - PC, review part 2 if in an entrance corridor- ARB, PC, BaS SPs- PC, ARB, BaS . Establish policy for extent of review - visibility and extent ( information required for ARB review, extent of informatior required for PC and BaS review. . Establish staff led training sessions for ARB, PC and BO~ clarify legal roles and help to establish policy. Community Development staff, with assistance from the County Attorney, can facilitate the review with the Board over the next six months. Scheduling the remaining tasks will depend on the outcome of that review. Detailed process documentation focused on creating consistent . Process flow diagrams and review process are in place review for subdivisions (SUBs) and site plans (SOPs). These can be placed on the web as part of the one-stop web Documentation on review process for page update. ZMAs, SPs, SOPs, and SUBs will be . Process maps and documentation for ZMAs and SPs used by staff for performing reviews will be finalized after completion of the 2 phase process. and available to applicants and the Anticipate 2nd half of 2007. public to understand process. Also, . All process maps and other documentation will be need to include the complete list of reviewed on a regular basis and changed when (104) issues considered with processes are revised applications and the process for proffer . This effort will result in standards, methods and review. checklists that will insure consistency in expectations on the part of applicants, citizens and staff. This reflects an ongoing effort for Community Development staff. Establish staff authority for waivers . Adopt standards that allow staff to have clearly defined and modifications in the discretion and authority on the following items that development areas would have a significant impact on streamlining the approval process: . Private roads . Critical slopes . Buffers This task would require ordinance changes which would require some staff support as an upfront part of the process. The level of staff effort would depend on what review process was decided upon by the Board re: the ordinance chanqes. Develop a Proffer Policy to include . Identify appropriate staff to develop the policy elements beyond a cash amount . Review successful proffer policy models from other jurisdictions . Strive to avoid creating undefined mandates as new regulations are adopted . Determine proper process for adopting the policy if it is determined to be a Comprehensive Plan Amendment, move as quickly through that process as possible with support of the PlanninQ Commission 3 Community Development staff anticipates that incorporating a proffer policy into the Comprehensive Plan will take a year for development and implementation. One-stop webpage devoted to . Determine what elements are important to include on staying informed about county new webpage and develop prioritized content list - use development task force survey results and input from COD staff (staff identified electronic staff reports and electronic copies Creation of a new webpage on the of plans and other project material as priorities) county web site that brings all . Assess existing website content to determine what elements of the online county desired material already exists in some form or location development information together in . Assess CountyView as to its usefulness in serving one place desired functions . Identify gaps in material . Create links or new content to address gaps in highest priority areas of interest to citizens . Create an interactive page for neighborhood contact information including up-to-date email addresses to allow neighborhood representatives to post current information . Design one-stop web page with input from citizens . Test new webpage with selected focus groups . Publicize availability of new page . Continue process with next level of priority areas Due to evolving nature of internet technology, staff anticipates that this will be an ongoing task, but estimates that the first level of priority improvements could be made to the website within 6 months. This work will be incorporated into existing ongoing improvement efforts. This will involve staff from the Community Relations Office, primarily the web content manager and the Community Relations Manager, and various Community Development staff in organizing existing information. Implementation can be accomplished as a part of regular work tasks over the next 6 months. Create a comprehensive guide to the . Review task force survey results and determine priority development process for citizen use items that should be included in a comprehensive guide . Review existing materials, printed and on the website, to "How to Understand and Get Involved see what the county already has developed regarding with County Development Processes" those items . Work concurrently with the website effort to coordinate preparation of any additional materials . Create printed (and DVD versions on demand) of the guide that is appropriate for mass dissemination and that links up with the website . Get feedback on the material from citizens prior to releasing, and make any necessary improvements . Publicize availability of new materials Many of these actions are similar to the web site enhancement priority and should occur on a parallel track. Staff would estimate that an initial DVD could be released within 6 months, and then would need to be updated on a reqular basis. 4 Expand the contact area around projects to include more than adjoining owners, include more comprehensive info in the letter Newly defined contact radius for notification letters and a more descriptive letter to be sent as the initial notification- directives for exceeding minimum legally required standards to be outlined in the form of an administrative policy Create easily accessible space at COB for project information Public information/ visual displays on critical projects Examples of proffer and code of development language for applicants on Web Model Code of Development and Proffers available to applicants, which reduce the need for changes and resubmissions of documents. Also, need to provide examples of good CDs and proffers and standard conditions used with certain SPs (e.g. Churches, Home Occupations) This will involve staff from the Community Relations Office, primarily the web content manager and the Community Relations Manager, and can be accomplished as a part of regular work tasks within the six month period. It is anticipated this DVD will need to be updated as new ordinance requirements are added. · Establish appropriate contact radius · Review existing contact letter · Determine appropriate new letter content including contact info and county resources -include citizen input · Revise letter, implement new contact radius · Solicit feedback from notified residents after certain time period to assess effectiveness Staff estimates that this priority could be implemented within 6 weeks. Longer term, Community Development staff anticipates this will increase the staff resources needed to be spent with citizens in answering questions and facilitating input. · Use terminal in new COD lobby to share project info with the public · For those projects that have significant public interest, prepare visual display for citizens to view - determine what project info will be displayed · Identify best possible space for new display area · Publicize availability of new display area Staff estimates that this priority could be implemented within 6 weeks in the new Community Development space on the first floor of the COB. Implementation will involve staff from the Community Relations Office to assist with publicizing the new display area; this can be accomplished as a part of regular work tasks within the six week period. Longer term, it is anticipated this will increase Community Development's workload as information will need to be regularly updated and staff will need to be available to address questions and concerns raised bV the information. . · Drafts of both documents have been prepared by staff and are being internally reviewed. · After internal review, will circulate to interested parties. · Anticipate documents could be finalized and put on web site by mid-2007. · Staff will review uses to establish conditions and eliminate special use permit categories where possible, Le. mobile homes Community Development staff notes that standardized language is hard to develop due to evolving nature of proffers and desire of applicants to negotiate certain items - examples of these items can be made available as "models", but an acknowledgment should be made that these are ever-evolving documents based on the most recent approvals. As such, it is anticipated that staff will need to dedicate onaoing time to this 5 task. Approval letters explaining . Staff has already started and can easily expand current remaining process through letters to provide more detailed descriptions of occupancy remaining processes, . Will implement into process upon approval by Board. Approval letters will outline steps necessary before buildings can be Community Development staff has already started this effort occupied or uses are allowed. and it can be expanded without siqnificant workload increases Outlines of staff reports with . Staff is working on possible steps to address this issue outstanding issues (provide and bring major areas of concern to the attention of the advance notice and interaction) applicant in a timely way that allows them to be responded to, recognizing the obvious need to stop the There should be no surprises for interaction with the applicant at some point and prepare applicants in a staff report. Any issue a final report should have been raised in advance of . Staff reports are finalized and made available to the the staff report, with the opportunity to public and the applicant one week before the item is resolve misunderstandings or before the Planning Commission, so there should not mistakes. be any complete surprises Community Development staff notes this will be difficult to resolve without building additional time into the process schedule. The current schedule has no downtime between the resubmission deadline for materials and the deadline for completion of a staff report. Thus, if new issues are raised as a result of plan changes, there is no time in the schedule for staff and the applicant to discuss these issues. (2) Actions already planned or underway Some of the items discussed by the task force were already planned for or underway in some form as the group was meeting. The task force wanted to reaffirm the County's commitment to these actions and in some cases they provided specific direction regarding individual action items as outlined on the following chart. 6 Action Item Status Committee Comment/Direction Alternative Engineering Review Pilot program underway The committee has recommended six month updates over the two year pilot period, with the first update scheduled for April, 2007 Counter Planner/ Person to Position created, staffed Committee supported answer simple questions the staffing of this position Organize the Planning Has been implemented in Committee was Department around the concept Crozet, additional area supportive of this of "area planners" planners will be proposed initiative for funding as the master plan schedule proqresses CountyView Web to serve as Public application of Ensure that the program "project diary", electronic CountyView Web to be is user-friendly and access to project maps, plans, launched soon, currently accessible to the etc. being tested by selected average citizen users Support hiring of a Community Position approved by BOS, Incorporate appropriate Engagement Specialist hiring planned for late April, communication 2007 responsibilities into the job description Create easily accessible display Display area has been Provide public space at COB for project designated in new information/ visual information Community Development displays on critical office space projects (3) Other Priorities In addition to the higher priority items, the task force identified a number of other actions that they felt would be significant improvements to the development review process, While these actions did not receive the highest endorsement by the task force, it was recommended that these items should be kept on record and addressed by staff as they are able. There was agreement among task force members that the item related to increasing awareness of Amail was a particularly important action and they strongly supported efforts by staff to continue focusing on using Amail as a communication tool. Actions Change submission dates for rezonings and special permits A schedule of submission dates is annually generated and can be easily modified starting in 2008, Before next year's schedule is developed, staff will seek input from the Planning Commission and community on factors they consider important for these dates, Engineer Exchange While staff is ready and willing to implement a program which trains outside engineers , as reviewers, those engineerin~ firms would need to be willin~ to fund the positions. It 7 is noted there is no assurance that a trained engineer would continue working for the firm that subsidized the participation or that the engineer would continue to work in this area. Guides to correct terminology - "plug-ins" Staff has already compiled and published a glossary of terms and a "Planning 101" on the departmental web site. This will be revised and expanded as customers identify addftionalsubjectmafte~ Early letter to applicants with timetables, etc. Staff has started this effort and will expand the content as applicants indicate an interest in additional materials. Sample reports and examples of good applications on Web site Staff is currently developing these materials and plans to publish this later this year. Outsourcing I Private Contractors This will be discussed with the Board as part of a broader fee study now under way. Use of contractors will significantly increase the cost of reviews and the Board will need to agree to either pass this cost through to applicants or increase Community Development's funding. Campaign to increase awareness of and use of AMail The committee felt that Amail was a useful public information tool and recommended a continued aggressive marketing campaign to get people to sign up for the service. Better coordination with neighborhood associ homeowner groups The committee believes that neighborhood based information is often very effective and recommended that every effort be made to share appropriate information with neiahborhood aroups. Provide Citizen Planning Academies on a regular basis Citizen Planning Academies that have been held in conjunction with master plan activities have been helpful in communicating general growth management and land use information to the public. The committee recommends that more academies be conducted for the general public to share that information as much as possible. 8 ~ ""C o ., t"""t" t"""t" o t"""t" :3:::T OJ CD -< OJ I'J 0 ____ OJ I'J ., 00. o 0 '-J~ (f) C ""C CD :2 -. 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COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Proffers Report from the Fiscal Impact Advisory Committee AGENDA DATE: May 2,2007 ACTION: X INFORMATION: SUBJECT/PROPOSAL/REQUEST: Approve Proffers Methodology and Dollar Amounts CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACTCS): Messrs. Tucker, Foley, Davis, S, Allshouse ATTACHMENTS: Yes LEGAL REVIEW: Yes REVIEWED BY: BACKGROUND: The Board of Supervisors has expressed a desire to establish a proffer policy that would allow developers to address the impacts associated with new development and that would provide clear guidance to the development community about the monetary value of proffers, per dwelling unit, by type of dwelling unit, that the County would consider reasonable. The County's Fiscal Impact Advisory Committee was charged with deriving a methodology for estimating the gross proffer dollar amounts that the County could expect per Single Family Detached (SFD) residence, Single Family Attached/Townhouse/Condominium (SFAlTH) unit, Multifamily/Apartment (MF) dwelling, and Mobile Home (MH). As part of its preliminary work, the Committee surveyed proffer models from several Virginia counties, including Chesterfield, Greene, Hanover, Loudoun, Prince William, Spotsylvania, and Stafford, The Committee determined that these localities expect proffers to cover development-related capital costs only, as opposed to development-related capital and operating costs. The Committee learned, also, that the capital categories typically covered in the counties' proffer models included transportation, schools, and parks/recreation/open space, and public safety. The Albemarle County Attorney, and outside experts who met with the Committee, noted that a viable proffers model for Albemarle should include estimates pertaining only to capital costs. The distinction between capital and operating expenditures is important since the County's current Cost Revenue Impact Model (CRIM) includes estimates of operating costs along with estimates of debt service on capital costs in calculating the net fiscal impact of development. This situation suggests that CRIM, in its present form, would not be suitable as a proffers calculation model for Albemarle, With this background information in mind, the Committee labored to establish a methodology that would estimate the capital costs that the various types of dwelling units typically would generate in Albemarle County. Note that, of all the proffers calculation models that the Committee reviewed, the Chesterfield County model appeared especially attractive as a framework for the Committee's efforts, since the methodology behind Chesterfield's model appeared reasonable and this jurisdiction's proffers regime has survived at least one legal challenge. At the Fiscal Impact Advisory Committee's February 22, 2007 meeting the Committee adopted a methodology to estimate the proffer dollar amount per dwelling unit, by type of dwelling unit. This adopted methodology followed substantially from the Chesterfield proffer calculation model. STRATEGIC PLAN: Goal Five - Fund the County's Future Needs DISCUSSION: The attached memorandum outlines the methodology that the Committee adopted, and discusses in detail the proffer amounts, per dwelling unit, by type of dwelling unit, that this methodology currently would render. The basic methodological approach that the Committee adopted involves five steps: (1) the calculation of the County's total budgeted AGENDA ITEM: Proffers Report from the Fiscal Impact Advisory Committee May 2, 2007 Page 2 transportation capital costs; (2) the translation of these total transportation costs into costs per dwelling unit, by type of dwelling unit; (3) the calculation of the County's total budgeted non-transportation capital costs; (4) the translation of these total non-transportation costs into costs per dwelling unit, by type of dwelling unit; and (5) the estimation of the revenues, per dwelling unit, by type of dwelling unit, that would help offset the capital costs that were estimated in (2) and (4), The resulting net cost figures for each category of dwelling unit represent the cash, or dollar value of the in-kind contribution, that the County would expect the developer to proffer per unit to address the impacts of the proposed development. These dollar amounts are derived, in part, by assuming a debt service level of 10%. The dollar figures per dwelling unit are as follows: SFD -- $14,241; SFA/TH -- $9,441; MF -- $11,435; and MH -- $17,717, Please note that these numbers could be included in a proffer policy but, by themselves, these numbers do not represent a proffer policy, A cash proffer policy establishes the guidelines for determining the maximum reasonable per-unit cash proffer that would address the impacts resulting from a particular rezoning. The policy must be grounded in, and consistent with, the Comprehensive Plan; is typically adopted as an amendment to the Comprehensive Plan; and must be compliant with the state enabling authority, The policy sets forth the assumptions and methodology for computing the cash proffer contributions, and declares the types of rezonings that would be subject to the policy, Proffers typically are applicable only to residential uses, but could be applied to commercial and industrial uses as well. The policy delineates the impacts that would be addressed by the cash proffer (e.g., capital improvements such as roads, schools, libraries, parks and fire stations, but not operational costs, since the theory is that taxes and fees will pay for such costs), The policy, additionally, provides guidelines about (1) circumstances that would reduce or exempt the per-unit cash proffer (e,g., affordable housing units, development of exceptional design, or units allowed by-right under the pre-existing zoning); (2) off-setting contributions by the owner (e.g., the dedication of land or constructing in-kind improvements); (3) how the value of the off- sets are determined; and (4) unique circumstances that mitigate the project's impact on public facilities (e.g" age-restricted housing projects that would have little or no impact on schools). Other issues that should be addressed by the policy include the procedure for evaluating proffers (e,g., the role of staff and the Planning Commission), how often the policy is updated with a new fiscal analysis, and how the policy or future amendments will be applied to pending applications. In addition, the policy will need to address cash proffers for affordable housing that occur when a developer volunteers to proffer cash in lieu of providing affordable units that are consistent with the affordable housing policy in the Comprehensive Plan, Addressing additional impacts with cash proffers may become legally more defensible if the County adopts new proffer authority available to it effective July 1 st. BUDGET IMPACT: The adoption of the attached proffers methodology and numbers, along with the adoption of a formal proffer policy, would generate substantial amounts of new revenue that would help the County mitigate the fiscal impacts of new development. The total amount of revenue that the County could expect, in any given year, from the proffers numbers listed above would depend upon several factors, including the volume of new construction in the County in that year, and the way in which the County's formal proffer policy would apply the per-unit dollar figures to specific residential developments. RECOMMENDATIONS: Staff recommends that the Board of Supervisors adopt the proffers methodology and the resulting proffer values that are contained in the attached memorandum and direct staff to begin the process of developing a complete proffer policy, ATTACHMENTS A - Fiscal Impact Advisory Committee Proffer Memorandum COUNTY OF ALBEMARLE MEMORANDUM TO: Fiscal Impact Advisory Committee FROM: Steven A. Allshouse, Fiscal Impact Analyst DATE: April 12,2007 RE: PROFFERS CALCULATIONS FOR VARIOUS CATEGORIES OF DWELLING UNITS IN ALBEMARLE COUNTY. Background At its February 22, 2007 meeting the County's Fiscal Impact Advisory Committee approved a methodology for estimating the dollar value of proffers that the County could expect for new Single Family Detached residences (SFD's), Single Family Attached/Townhouse/Condominium (SF NTH) dwelling units, Multifamily/Apartment (MF) units, and Mobile Homes (MH' s). This memorandum outlines the methodology that the Committee approved, and lists the dollar values, per dwelling unit, that this approved methodology currently would render, based on Albemarle's FY 2006/07 adopted budget. Please note that the dollar figures contained in this memorandum are subject to annual revision, and that these items represent numbers that the Board of Supervisors could include in a proffer policy but, by themselves, these dollar figures do not constitute a proffer policy. As part of its preliminary work, the Committee surveyed proffer models from several Virginia counties, including Chesterfield, Greene, Hanover, Loudoun, Prince William, Spotsylvania, and Stafford. The Committee determined that these localities expect proffers to cover development- related capital costs only, as opposed to development-related capital and operating costs. The Committee learned, also, that the capital categories typically covered in the counties' proffer models included transportation, schools, and parks/recreation/open space, and public safety. The Albemarle County Attorney, and outside experts who met with the Committee, noted that a viable proffers model for Albemarle should include estimates pertaining only to capital costs. The distinction between capital and operating expenditures is important since the County's current Cost Revenue Impact Model (CRIM) includes estimates of operating costs along with estimates of debt service on capital costs in calculating the net fiscal impact of development. This situation suggests that CRIM, in its present form, would not be suitable as a proffers calculation model for Albemarle. Proffers Calculations April 12, 2007 Page Two With this background information in mind, the Committee labored to establish a methodology that would estimate the capital costs that various types of dwelling units typically would generate in Albemarle County. Note that, of all the proffers calculation models that the Committee reviewed, the Chesterfield County model appeared especially attractive as a framework for the Committee's efforts, since the methodology behind Chesterfield's model appeared reasonable and, apparently, this jurisdiction's proffers regime has survived at least one legal challenge. The following section, therefore, outlines a methodology that the Committee derived in substantial part from the Chesterfield proffers calculation model. Methodology The essential task facing the Committee involved the estimation of capital costs and offsetting revenues. The Committee divided the County's capital costs into the categories of transportation expenditures and non-transportation expenditures. This bifurcation of costs reflected a commonly- held sentiment among Committee members that, in the years to come, development-generated transportation infrastructure expenditures would represent, relative to all other categories of infrastructure costs, a particularly large portion of the County's capital outlays, especially if the Commonwealth of Virginia does not provide adequate funding for transportation projects in Albemarle. The Committee was advised, however, that, for the purposes of proffers calculations, the County's transportation cost estimates, along with the cost estimates for all other capital categories, should reflect only items for which Albemarle actually has budgeted dollar amounts. This advice, in practice, meant that the proffers calculations contained in this memorandum take into account only items found in the County's currently-adopted Capital Improvements Program/Capital Needs Assessment (CIP/CNA), Strategic Plan, and Master Plan policy. After determining capital costs, the Committee then estimated the revenues that help offset these capital costs. The difference between the County's capital costs and offsetting revenues rendered net cost figures. These net cost figures equal the dollar value that Albemarle should expect in proffers per dwelling unit. Transportation Capital Costs In order to calculate the County's development-related transportation capital costs, the Committee needed to determine the total dollar value of currently-budgeted projects and then translate these total transportation expenditures into dollar amounts per dwelling unit, by type of dwelling unit. This section recounts the steps that the Committee took to derive unit costs from total costs. Table I, on the following page, reveals the budgeted expenditures for Albemarle's various transportation projects through FY 2015/16. Note that many of the items included in the County's Master Plan policy and CIP/CNA are slated for construction several years into the future and, consequently, the construction costs that are found in Albemarle's Master Plan policy and CIP/CNA typically are stated in inflated dollars.l The total inflated cost of the County's budgeted transportation projects comes to roughly $95,844,000. In FY 2006/07 dollars, however, Albemarle's budgeted transportation costs come to approximately $82,408,000.2 The Committee made the Table I Estimated Net County Cost of Albemarle Transportation Projects that are Included in the County's CIP/CNA, Strategic Plan, and Master Plan Policy, through FY 2015/16 Estimated Estimated Net County Cost Net County Cost Proiect Name (in Inflated $) (in Deflated $) Eastern Connector (1st Phase) 9,000,000 9,000,000 Georgetown Road 2,750,000 2,750,000 Hillsdale Road Connector 79,000 65,833 Jarmans Gap Road 696,968 696,968 Meadow Creek Parkway (1 st Phase) 3,290,429 3,133,742 Revenue Sharing Road Program 10,000,000 10,000,000 Southern Parkway (1st Phase) 6,200,000 6,200,000 Crozet Master Plan 8,990,000 7,991,190 Neighborhood 6 & 7 Master Plan 10,286,100 7,590,000 Pantops Master Plan 11,295,900 9,108,000 Places 29 Master Plan 13,840,200 10,824,000 Rivanna Master Plan 9,221,850 7,260,000 So. Urban Area Master Plan 10,193,700 7,788,000 Total Costs $95,844,147 $82,407,733 Note: The numbers presented here are subject to annual revision. Inflated dollars are calcu- lated assuming a non-compounded rate of growth of 5% per annum, Deflated dollars rep- resent costs in 2006 dollars, Some projects, e,g., Southern Parkway have cost estimates in 2006 dollars but have no firm start/finish dates, so the "inflated" and "deflated" costs, for the purposes of this table, are the same. Source: Appendix Table A-1 assumption that this $82,408,000 in capital improvements would accommodate ten years' worth of new development, both residential and non-residential, in a way that would maintain current levels of transportation service. In order to calculate unit costs, therefore, the Committee needed to estimate the total number of new dwelling units and non-residential square footage that the County could expect to gain over a ten year period, and then had to assign costs to each of these units. A survey of Albemarle's annual Development Activity Report for each of the years 1984 through 2003 inclusive reveals that, on average, the County experienced the construction of508 SFD's, 115 SFA/TH's, 197 MF's, and 33 MH's annually between 1984 and 2003. During the course often years, therefore, Albemarle reasonably could expect to gain 5,080 SFD's, 1,150 SFA/TH's, 1,970 MF's, and 330 MH's.3 A study of the volume of non-residential site plan square footage that the County approved between 1984 and 2003 suggests that, in a ten year period, Albemarle could expect to gain 2,150,000 square feet of retail space, 1,060,000 square feet of taxable office space, 672,000 Proffers Calculations April 12,2007 Page Four square feet of industrial space, and 1,590,000 square feet of institutional space.4 These ten year dwelling unit and non-residential square footage figures appear in the second column of Table II on the next page. Along with estimated dwelling unit and square footage data, this table contains the remaining set of information that the Committee needed in order to estimate unit transportation costs. Note that transportation projects do not serve dwelling units and non-residential space per se but, rather, serve the vehicle trips generated by these categories of development. The third column of Table II reveals the average number of daily vehicle trips associated with each of the four types of dwelling units mentioned previously and shows, also, the average number of daily vehicle trips associated with a thousand square feet of each of the four types of non-residential space that are contained in the County's Cost Revenue Impact Mode1.5 The average SFD, for example, generates 9.57 daily vehicle trips, while a thousand square feet of retail space produces, on average, 47.56 vehicle trips. The fourth column ofthe Table II shows the estimated total number of daily vehicle trips that ten years' growth would render for each category of residential and non-residential development. In the case of SFD's, for example, the County could expect 5,080 new units in a ten year period, and this type of dwelling unit generates, on average, 9.57 daily vehicle trips. Ten years' worth of growth in single family detached residences, therefore, renders an expected total of 5,080 x 9.57 = 48,616 daily vehicle trips. Albemarle, likewise, could expect a total of 2,150,000 square feet of new retail space during the course of a decade, and a thousand square feet of this type of non-residential space typically produces 47.56 daily vehicle trips. The equivalent of a decade's worth of retail development, therefore, produces an expected 2,150 x 47.56 = 102,271 daily vehicle trips. The sum of the numbers in the fourth column of Table II equals the total number of daily vehicle trips that would result from a decade's worth of growth in Albemarle. This figure equals 213,149 and is found on the "Total Number of New Daily Vehicle Trips" line of Table II. Recall from Table I that the County has budgeted a total of$82,407,733 in transportation projects throughFY 2015/16. Recall, also, that the Committee assumed that the transportation projects for which the County has budgeted through FY 2015/16 would accommodate ten years' worth of growth in a way that would maintain present levels of transportation service. The cost of Albemarle's budgeted transportation projects, per daily vehicle trip, therefore, equals $82,407,733/213,149 = $387. This amount is found on the "Total $ Cost of Projects Per Daily Veh. Trip" line of Table II. This $387 figure provides the basis for calculating transportation costs per dwelling unit since the third column of Table II shows, for each of the four categories of residential development, the average number of daily vehicle trips per dwelling unit. As mentioned previously the typical SFD generates 9.57 daily vehicle trips, so the County's transportation cost per SFD would be $387 x 9.57 = $3,700. This figure is found in the fifth column of Table II, as are figures for all the other categories of development.6 As a clarification, this $3,700 number represents the typical SFD's share of the $82,497,733 in capital costs that the County has budgeted for transportation improvements. The corresponding transportation cost for an SF NTH, MF, and MH equals $2,266, $2,598, and Table II Albemarle County Estimated Number of New Dwelling Units, Non-Residential Square Footage, Daily Vehicle Trips, and Total Dollar Cost (Per Dwelling Unit or Thousand Square Feet of Non-Residential Space) of County Transportation Projects, by FY 2014/15 Daily Veh. Est. Total No, Total $ Cost Land Use Est. No. of Trips Per Unit of New Daily Per D.U. or CateQorv New Units or 1 K SF Veh. Trips 1.000 SF SFD 5,080 9.57 48,616 $3,700 SFAlTH 1,150 5.86 6,739 $2,266 MF 1,970 6.72 13,238 $2,598 MH 330 4.99 1,647 $1,929 Retail SF 2,150,356 47.56 102,271 $18,388 Tax. Office SF 1,059,698 8.42 8,923 $3,255 Industrial SF 672,473 3.43 2,307 $1,326 Institutional SF 1,587,094 18.53 29,409 $7,164 Total Number of New Daily Vehicle Trips 213,149 Total Est. Cost of Transportation Projs, $82,407,733 Total $ Cost of Projects Per Daily Veh. Trip $387 Note: The total dollar cost per residential dwelling unit or thousand square feet of non-residential dwelling space is calculated by multiplying the total dollar cost of projects per daily vehicle trip by the number of daily verhicle trips gener- ated by the relevant land use type, Dollar figures are in 2006 dollars, Sources: The estimated number of new residential dwelling units and non- residential square footage is derived from historical data contained in the County's various Development Activity Reports. The total estimated dollar cost of transpor- tation projects is taken from Table I. The number of daily vehicle trips, by land use type, is taken directly from, or derived from data contained in, Trip Generation, 7th Edition, published by the Institute of Transportation Engineers. Proffers Calculations April 12, 2007 Page Six $1,929 respectively. Please note that these numbers, along with all of the other cost and revenue estimates in this memorandum, will undergo revision as Albemarle's adopted budget changes from year to year. Non-Transportation Capital Costs In order to calculate the County's development-related non-transportation capital costs, the Committee needed to determine the total dollar value of currently-budgeted projects and then translate these total non-transportation expenditures into dollar amounts per dwelling unit, by type of dwelling unit. This section recounts the steps that the Committee took to derive unit costs from total costs. Table III, on the next two pages, reveals Albemarle's budgeted non-transportation capital costs, through FY 2014/15, for which the County will pay using borrowed funds. As was the case with transportation costs, the amounts listed in Table III have been deflated to year 2006 dollars.? Note that the third column of Table III lists an "assumed demand base" for each project. In the County's current Cost Revenue Impact Model, the dollar amount spent for each capital item in Albemarle's budget is assumed to vary with changes in some underlying demand base. In the case of transportation projects, as already noted, costs are assumed to vary with the number of daily vehicle trips generated by new residential and non-residential development. In the case of non-transportation capital projects, however, a particular line item's cost is assumed to vary with changes in a relevant demand base such as population, population plus jobs, elementary school enrollments, middle school enrollments, high school enrollments, and total school enrollments. The "$ Grand Total" line in the yellow highlighted area of Table III shows the ten year grand total of the County's non-transportation capital projects costs. The rest of the lines in this column of the table show the dollar portion of this grand total that is associated with each of the demand bases mentioned in the preceding paragraph. The ten year grand total comes to $160,734,339, while the portion ofthat grand total that is generated by a decade's worth of growth in population, for example, equals $51,212,626. The fourth column of the yellow highlighted area of Table III reveals the expected total number of demand units that will result from a decade's worth of new development in Albemarle.s This data furnishes enough information to derive non-transportation capital costs per demand unit. In the case of the population demand base, for example, the total dollar value of a decade's worth of capital costs comes to $51,212,626 and the County can expect to add 21,172 people over the course often years. The dollar cost per demand unit of this particular demand base, then, comes to $51,212,626121,172 = $2,419. The dollar cost per demand unit of elementary school enrollment (ES), likewise, equals $30,597,549/1,300 = $23,528. A similar exercise renders dollar values for all of the other line items in the fifth column of the highlighted area, except that the $18,843 figure that appears on the "$ Grand Total" line of the table reflects the total non- transportation capital costs per new dwelling unit in Albemarle. This $18,843 figure represents a straight average and, consequently, does not distinguish the non- transportation capital costs generated by dwelling units in the four different categories of residential Table III Albemarle County Local Government & Schools Division Borrowed Funds for CIP/CNA Projects, FY 05/06 through FY 14/15 (in 2006 Dollars) 10 Year Assumed Item $ Amt. Oem. Base Courts Expansion 6,441,331 Population Northern Fire Station 1,636,364 Population & Jobs Pantops Fire Station 3,981,729 Population & Jobs Ivy Fire Station 5,717,706 Population & Jobs Fire Apparatus 11 ,431 ,484 Population & Jobs Crozet Ladder Truck 1,303,200 Population & Jobs Fire/Police Range 1,469,234 Population & Jobs COB-Mcintire Renovations 3,537,143 Population Recreational Facilities 1,933,333 Population Southern Area Park 1,600,997 Population Crozet Community Park 2,356,765 Population Northern Park 2,308,800 Population Northside Library 6,197,391 Population 29 North Library 9,323,153 Population Crozet Library 5,169,974 Population Southern Library 5,550,833 Population Central Library 4,356,888 Population Scottsville Library 2,436,018 Population Elementary Site Land Acq. 1,620,833 Elem. School Enroll. Henley Addition/Renovation 1,000,000 Middle School Enroll. Murray High School Renovations 149,000 High School Enroll. Cale Addition 2,726,667 Elem. School Enroll. Elementary #17 12,010,712 Elem. School Enroll. ADA Structural Changes 133,192 Total School Enroll. Monticello High School Audit. 5,305,714 High School Enroll. Monticello HS Aux. Gym. 1,999,000 High School Enroll. WAHS Audit. Moveable Wall 371,429 High School Enroll. Bldg, Svcs, Office/Warehouse 3,495,968 Total School Enroll, Additional High School Capacity 7,255,157 High School Enroll. WAHS Window Replacement 381,818 High School Enroll. Wide Area Network Upgrade 1,020,000 Total School Enroll. Schools Maint./Repl. -- Financed 19,193,031 Total School Enroll. Veh, Maint. Fac. -- Emerg. Gen, 165,000 Total School Enroll. Jouett-Greer Site Reconfig. 652,381 Elem. + Middle School Enroll. Red Hill Elem. -- Add.lRenov. 3,063,659 Elem. School Enroll. Table III (Cont.) 10 Year Assumed Item $ Amt. Dem. Base ScoUsville Add.lRenovation 2,221,341 Elem, School Enroll. Gym, HVAC/Light Replacement 2,608,074 Total School Enroll. Greer Elem. School Renov. 4,446,400 Elem. School Enroll. Henley Aux. PE/Meeting Space 702,667 Middle School Enroll. Elementary #18 1,071,429 Elem. School Enroll. Albemarle HS Add.lRenovation 8,952,016 High School Enroll. Additional Elem. Capacity 3,436,508 Elem, School Enroll. No. of Dw. $ Per Dwell. Units or Unit or Oem. Units Oem. Unit $ Grand Total 160,734,339 Est. 10 Year No. of Dwell. Uts. 8,530 $18,843 $ Total Based on Population 51,212,626 Est. 10 Year Population 21,172 $2,419 $ Total Based on Pop. & Jobs 25,539,717 Est. 10 Year Pop. + Jobs 34,531 $740 $ Total Based on ES Enroll. 30,597,549 Est. 10 Year ES Enroll. 1,300 $23,528 $ Total Based on ES + MS Enr. 652,381 Est. 10 Year ES + MS Enroll. 2,048 $319 $ Total Based on MS Enroll. 1,702,667 Est. 10 Year MS Enroll. 748 $2,277 $ Total Based on HS Enroll. 24,414,134 Est. 10 Year HS Enroll. 822 $29,719 $ Total Based on Total S Enroll. 26,615,265 Est. 10 Year Total Enroll. 2,870 $9,274 Sources: Dollar amounts for CIP projects are taken from Table A-4. The number of new dwelling or demand units is derived from Table II and from the population, job, and pupil enrollment generation factors contained in the County's Cost Revenue Impact Model. Proffers Calculations April 12, 2007 Page Nine development. This dollar amount, in other words, is not specific enough for the purposes of proffers calculations and is presented for informational purposes only. The next step in the calculation of proffers amounts, therefore, involves translating the dollar amounts per demand unit that are found in Table III into dollar amounts per dwelling unit, by type of dwelling unit. Table IV, on the next four pages, accomplishes this task. Note that Table IV consists of four sections. Each page of the table pertains to one of the four categories of residential development in Albemarle. In order to understand the information contained in Table IV, think of a dwelling unit as being a "basket" of demand units. In the case of an SFD, for example, as shown in the "Dem. Units Per DU" column of the table, this "basket" contains 2.19 population demand units, 2.19 population plus jobs demand units, 0.1637 elementary school enrollment demand units, 0.1100 middle school enrollment demand units, 0.2737 elementary plus middle school enrollment demands units, 0.1300 high school enrollment demand units, and 0.4037 total school enrollment demand units. Each of these demand units, when multiplied by the corresponding dollars per demand unit ("$ Per Dem Unit") from Table III, produces the relevant dollar amount per dwelling unit that is generated by the demand base under examination. This amount is found in the "$ per DU" column of the table. Consider the case of the population demand base in an SFD. Each SFD is assumed to contain 2.19 people and, from Table III, we know that each SFD resident generates, on average, $2,419 in non- transportation capital costs. (This $2,419 amount appears again in the "$ Per Dem. Unit" column of Table IV). This situation means that the population demand units in the typical SFD generate a total of 2.19 x $2,419 = $5,297 in non-transportation capital expenditures. Similarly, the population portion of the population plus jobs demand base in an SFD renders $1,620 in non-transportation capital costs, while the corresponding elementary school enrollment demand base figure comes to $3,852. Note that the sum ofthe dollar amounts associated with the demand bases in an SFD comes to $18,714. This amount is found in the "Gross Total for Debt-Financed Infrastructure" line of the SFD section of Table IV and represents the total non-transportation infrastructure costs produced by a new SFD. Corresponding amounts for the other three categories of residential development are found on the same line ofthe SFA/TH, MF, and MH pages of the table. Now, in order to calculate the total capital costs generated by a dwelling unit in a particular category of residential development, we simply add the dollar value of the unit's non-transportation capital costs to the dollar value of the unit's transportation capital costs. Recall that Table II shows this latter figure in the "Total $ Cost Per D.U. or 1,000 SF" column. This transportation dollar amount is listed again, in Table IV, on the "Gross Total for Transportation Infrastructure" line on each of the dwelling unit category pages of Table IV. In the case of an SFD the dwelling unit's non- transportation capital costs total $18,714, while the dwelling unit's transportation capital costs come to $3,700. The total capital expenditures associated with an SFD, therefore, equal $18,714 + $3,700 = $22,414. Table IV lists this last amount on the "Gross Total Cost Per SFD" line of the SFD page. The dollar amounts of $15,506, $13,746, and $20,584 appear on the corresponding lines on the SFA/TH, MF, and MH pages of the table. T able IV Albemarle County Debt-Financed & Transportation CIP/CNAlStrategic Plan Infrastructure Net Costs, by Dwelling Unit Type Dwelling 10% of Tx. Unit Dem, Units $ Per Rev, ($) (DU) Type Demand Base Per DU Dem. Unit $ Per DU Year Per DU SFD Population 2.19 2,419 5,297 1 427 Pop. Port. of Pop.+Jobs 2.1900 740 1,620 2 446 ES Enrollment 0.1637 23,528 3,852 3 466 ES+MS Enrollment 0.2737 319 87 4 487 MS Enrollment 0.1100 2,277 250 5 509 HS Enrollment 0.1300 29,719 3,863 6 531 Total Enrollment 0.4037 9,274 3,744 7 555 8 580 Gross Total for Debt-Financed Infrastructure $18,714 9 606 10 633 Gross Total for Transportation Infrastructure $3,700 11 661 12 691 Gross Total Cost Per SFD $22,414 13 721 14 754 15 787 16 823 17 859 18 898 19 938 20 980 Total $13,350 NPV $8,173 ~Net Total $ Per SFD (@ 10%) = Proffer AmI. $14,241 l Table IV (Cont.) Dwelling 10% of Tx. Unit Dem. Units $ Per Rev. ($) (DU) Type Demand Base Per DU Dem. Unit $ Per DU Year Per DU 5 FAIT H Population 1.89 2,419 4,572 1 317 Pop. Port. of Pop.+Jobs 1.8900 740 1,398 2 332 ES Enrollment 0.1238 23,528 2,913 3 347 ES+MS Enrollment 0.1938 319 62 4 362 MS Enrollment 0.0700 2,277 159 5 379 HS Enrollment 0.0600 29,719 1,783 6 396 Total Enrollment 0.2538 9,274 2,354 7 414 8 433 Gross Total for Debt-Financed Infrastructure $13,240 9 453 10 474 Gross Total for Transportation Infrastructure $2,266 11 495 12 518 Gross Total Cost Per SFAlTH $15,506 13 541 14 566 15 592 16 619 17 647 18 677 19 708 20 740 Total $10,011 NPV $6,066 INet Total $ Per SFAlTH (@10%) = Proffer Amt. $9,441 I Table IV (Cant.) Dwelling 10% ofTx. Unit Dem. Units $ Per Rev. ($) (DU) Tvpe Demand Base Per DU Dem, Unit $ Per DU Year Per DU MF Population 1.63 2,419 3,943 1 242 Pop. Port. of Pop.+Jobs 1.6300 740 1,206 2 252 ES Enrollment 0.1315 23,528 3,094 3 264 ES+MS Enrollment 0.1715 319 55 4 276 MS Enrollment 0.0400 2,277 91 5 288 HS Enrollment 0.0300 29,719 892 6 301 Total Enrollment 0.2015 9,274 1,869 7 315 8 329 Gross Total for Debt-Financed Infrastructure $11,148 9 344 10 360 Gross Total for Transportation Infrastructure $2,598 11 376 12 393 Gross Total Cost Per MF $13,746 13 411 14 429 15 449 16 469 17 490 18 512 19 535 20 560 Total $3,347 NPV $2,311 INet Total $ Per MF (@10%) = Proffer Amt $11,435 l Table IV (Cant.) Dwelling 10% of Tx. Unit Dem, Units $ Per Rev. ($) (DU) Type Demand Base Per DU Dem, Unit $ Per DU Year Per DU MH Population 2.19 2,419 5,297 1 299 Pop. Port. of Pop.+Jobs 2.1900 740 1,620 2 312 ES Enrollment 0.2044 23,528 4,809 3 325 ES+MS Enrollment 0.2944 319 94 4 339 MS Enrollment 0.0900 2,277 205 5 353 HS Enrollment 0.1000 29,719 2,972 6 368 Total Enrollment 0.3944 9,274 3,658 7 384 8 400 Gross Total for Debt-Financed Infrastructure $18,655 9 417 10 435 Gross Total for Transportation Infrastructure $1,929 11 454 12 473 Gross Total Cost Per MH $20,584 13 493 14 514 15 536 16 559 17 583 18 607 19 633 20 660 Total $4,086 NPV $2,867 INet Total $ Per MH (@10%) = Proffer Amt. $17,717 I Notes: (a) Albemarle County policy places a ceiling of 10% on general fund and school fund revenues for debt service; Currently, the debt service percentage stands at roughly 6%; and (b) tax revenues are assumed to increase annually by 4.47% for an SFD; 4.56% for an SFAlTH; 4,52% for an MF; and 4.26% for an MH. Sources: Demand unit and tax revenue per DU are taken from the Cost Revenue Impact Model; Dollars per Demand Unit are taken from Table III; Gross totals for transportation infrastructure come from Table II; Assumptions about the rate of increase in tax revenue come from Table A-5; and the 10% debt service figure comes from the policy note found in the Albemarle County FY 06/07 Adopted Budget, p. 214. Proffers Calculations April 12,2007 Page Fourteen Revenues In order to estimate the net capital costs generated by the typical dwelling unit in each of the four categories of residential development, the Committee determined the net present value of a portion of the revenue that the typical dwelling unit in each category would generate over the course of twenty years, and then subtracted this amount from the relevant total capital cost in order to obtain the cash, or in-kind contribution, proffer amount that the County should expect per dwelling unit. Note that the total capital cost amounts discussed in the last section reflect gross capital expenditures. The Chesterfield proffers model recognizes that the capital expenditures associated with a new dwelling unit are offset, to a certain degree, by the tax revenues generated by that dwelling unit. In the case of the Chesterfield model, however, the only tax revenue that the model takes into consideration, apparently for the sake of simplicity, is real property tax revenue. In the Case of Albemarle, however, the Cost Revenue Impact Model has estimates for fourteen different federal, state, and local revenue streams associated with a dwelling unit in each ofthe four residential categories. Table A-5 in the Appendix of this memorandum reveals the details of these revenue streams. In the case of an SFD, the typical dwelling unit generates $4,269 in annual revenue for Albemarle, while the typical SFAlTH renders a corresponding amount of$3,171 to the County. An MF, meanwhile, generates an average of $2,416 each year for Albemarle, while the typical MH produces $2,989 in annual revenue to the County. The Chesterfield model assumes that Chesterfield will engage in debt financing in order to pay for the capital expenditures associated with a new dwelling unit and that the term of borrowing will equal twenty years. The Chesterfield model also assumes that, in each of the twenty years in question, Chesterfield will apply toward the service on this debt some fixed percentage of the revenues generated by the new dwelling unit and that the remainder of the revenues generated by the new dwelling unit will help fund operating costs associated with the unit. Note that, in this scheme, the revenues generated by the dwelling unit are assumed to increase annually by some fixed percentage. The Chesterfield model then totals the twenty years' worth of revenues that would be applied toward debt service and calculates the net present value of this sum. This last amount subsequently is subtracted from the gross dollar cost ofthe capital projects that are generated by the dwelling unit. This difference equals the net capital expenditure associated with the dwelling unit, and represents the cash amount, or dollar value ofthe in-kind contribution, that Chesterfield would expect the developer to proffer for the dwelling unit in question. The Committee decided to follow this methodology in order to calculate Albemarle's proffers amounts. In practical terms, this methodology presents something of a dilemma, since Albemarle's current debt service level, as a percentage of general fund and school revenues, stands at roughly 6%. The County's debt service policy, however, would allow this debt service level to rise to as much as 10%. In order to calculate the dollar value of the development-related revenues that would be applied to debt service, the Committee elected to use the 10% figure. The dollar amounts that result annually from the use of this 10% figure are shown in the last column on each page of Table IV. In the case Proffers Calculations April 12,2007 Page Fifteen of an SFD, as previously mentioned, the Committee determined that this type of dwelling unit typically renders $4,269 in revenue to the County. In Year 1, then, if we assume that the debt service payment will equal 10% of this revenue, then this payment amount comes to $427. This number appears on the first line ofthe "10% ofTx. Rev. ($) Per DU" column of Table IV. In subsequent years, this dollar number rises since the volume of revenue associated with an SFD is assumed to increase by a fixed annual percentage. The same situation applies to the three other categories of residential development.9 At the end of twenty years, 10% of the sum of the annual revenues generated by an SFD equals $13,350. Note that, assuming that revenues grew at a rate of 4.47% per annum for twenty years, the net present value (NPV) of $13,350 equals $8,173. This NPV amount is found on the "NPV" line of the SFD page of Table IV. The subtraction of this figure from $22,414 (the total present-day value of the capital costs associated with an SFD) renders $14,241. This figure represents the estimate of the cash amount, or dollar value ofthe in-kind contribution, that Albemarle would expect a developer to proffer per SFD. The corresponding number for an SFA/TH equals $9,441; the figure for an MF equals $11,435; and for an MH, the number comes to $17,717. Conclusions The Fiscal Impact Advisory Committee has derived, for each of the four categories of residential development in Albemarle County, a set of dollar figures that the Board of Supervisors could include in a proffers policy. The BOS should be aware that these dollar values pertain only to FY 2006/07 and that, once the County has adopted a new budget, the cost and revenue figures presented in this memorandum will change. As a matter of practice, the County's proffers numbers should be updated annually, as soon as the BOS adopts a new budget. The BOS should be aware, also, that the capital cost estimates contained in the transportation section ofthis memorandum reflect very preliminary numbers since the County does not yet have a clear idea of how much money several of the transportation projects listed on Table I will end up costing the County in coming years and, likewise, Albemarle does not yet have a clear idea of the extent to which the Commonwealth of Virginia will continue to fund roads in the County. Another issue which the BOS should keep in mind involves House Bill 2500, which Governor Kaine recently signed into law. This item likely will give the County additional flexibility with respect to the County's ability to collect growth- related monies from the development community. Presently, however, Albemarle has only a very preliminary understanding of the implications of the new law and, in any case, according to the County Attorney, Albemarle would have to adopt a zoning text amendment in order to take advantage of the newly enabled authority granted by the law. SAAlsaa ENDNOTES 1. Albemarle currently uses a construction cost inflation rate of five percent per annum, non- compounded, so a project that would cost $1,000,000 to build this fiscal year is assumed to cost $1,050,000 if the item were to be built next year, $1,100,000 ifit were to be constructed two years from now, etc. 2. The transportation costs listed in this paragraph reflect net transportation costs to Albemarle, i.e., the total cost of the County's transportation projects minus any outside funding that the County presently expects to receive from other levels of government. 3. These ten year figures represent the gross increase in the number of dwelling units that the County could expect to experience over the course of a decade. The Committee made the assumption that there would be no loss of dwelling units during this time period, i.e., that the gross increase in the number of dwelling units equals the net increase in the number of dwelling units. The Committee should be aware that, as an alternative to using the "averages" approach in estimating the number of dwelling units that the County could expect to gain during a ten year period, the Committee could have used a "trend line" approach. This latter methodology represents a more sophisticated level of analysis than does the "averages" approach, and likely will be incorporated into Albemarle's proffer calculation model in the future. 4. See Appendix Table A-2 for details about the methodology behind these estimated non-residential numbers. Note that, in the case of non-residential square footage, the Committee made the same assumption regarding gross increases versus net increases that the Committee made with respect to residential dwelling units. Please note that the "trend line" approach mentioned in Endnote 3 also could be used to estimate the number of square feet of non-residential space that the County could expect to gain during the course of a decade. 5 . Average daily vehicle trips per dwelling unit, by type of dwelling unit, were taken directly from Trip Generation, ih Edition, published by the Institute of Transportation Engineers. Please see Appendix Table A-3 for details about the derivation ofthe average daily vehicle trips per thousand square feet of non-residential space, by type of non-residential space. 6. Table II presents the transportation costs per thousand square feet of each ofthe four categories of non-residential space for informational purposes only. The Committee's task involved estimating proffers amounts for dwelling units only, not for dwelling units and non-residential space. 7. See Table A-4 for the inflated dollar amounts and proposed timing of each project. 8. The total number of new demand units was calculated from the following information. Recall that Table II shows the number of new dwelling units and non-residential square footage that the County can expect to experience over the course ofa decade. Note that Albemarle's Cost Revenue Impact Model contains assumptions about the number of demand units, by type, that is generated by the typical dwelling unit in a particular category, or the typical thousand square feet of a particular category of non-residential space. These CRIM assumptions are shown on the next page. ENDNOTES (Cont.) 8. (Cont.) Total Total Total No. ES Enroll. MS Enroll. HS Enroll. Enroll. Pop. of Jobs SF Detached (SFD) 0.1637 0.11 0.13 0.4037 2.69 N/A SF Attached/TH (SFAlTH) 0.1238 0.07 0.06 0.2538 2.33 N/A Multifamily (MF) 0.1315 0.04 0.03 0.2015 2.00 N/A Mobile Homes (MH) 0.2044 0,09 0,10 0.3944 2.69 N/A Retail (1,000 SF) N/A N/A N/A N/A N/A 1.263 Taxable Office (1,000 SF) N/A N/A N/A N/A N/A 5.464 Institutional (1,000 SF) N/A N/A N/A N/A N/A 2.481 Industrial (1,000 SF) N/A N/A N/A N/A N/A 2.717 In order to estimate the number of new demand units in, say, the category of population, the relevant equation is: P = [(5,080 x 2.69) + (1,150 x 2.33) + (1,970 x 2.00) + (330 x 2.69)] = 21,172 where 5,080 equals the ten year expected number of SF D's; 1,150 is the corresponding number of SFAlTH's; 1,970 is the corresponding figure for MF's; and 330 equals the ten year expected number ofMH's. A similar exercise yields the figures shown on each ofthe other lines in the fourth column in the yellow highlighted area of Table III, with the exception of the entry on the "$ Grand Total" line, which shows simply the total number of new dwelling units, not new demand units, that the County can expect to gain during the course of a decade. 9. The rate of the annual increase in the volume of revenue generated by a dwelling unit varies, however, among the different dwelling unit categories. This phenomenon results from differences in the relative size of the various revenues in each of the four dwelling unit categories. Please see Table A-5 for additional details. Note that, in the case of an SFD, revenue growth is estimated to equa14.47% per annum, while revenue growth for an SFAlTH is calculated to come to 4.56% per annum. The respective figures for MF's and MH's are 4.52% and 4.26%. APPENDIX Table A-1 -- Albemarle County Transportation Infrastructure Costs (Supporting Documentation for Table I) Inflated Transportation Cost Estimates -- Master Planned Areas Total Coot FY07 FY08 FY09 FY10 FY 11 FY12 FY13 FY 14 FY 15 FY16 Craze! MP $8,990,000 740,000 1,340,000 1,622,500 2,587,500 2,700,000 Pantops MP 11,295,900 217,800 1,669,800 3,960,000 3,300,000 267,300 924,000 957,000 Places 29 MP 13,840,200 455,400 2,534,400 4,950,000 3,432,000 554,400 1,914,000 Rivanna MP 9,221,850 113,850 1,346,400 3,712,500 3,432,000 138,600 478500 So. Urban MP 10,193,700 237,600 1,815,000 4,290,000 3,584,000 287100 Neighborhood 6&7 MP 10,286,100 247,500 1,667,600 4,455,000 3,696,000 Total MP Coots $83,827,750 Deflated Transportation Cost Estimates -- Master Planned Areas Total Coot FY07 FY08 FY09 FY10 FY 11 FY12 FY 13 FY14 FY15 FY16 Craze! MP $7,991,190 740,000 1 ,276,190 1,475,000 2,250,000 2,250,000 0 0 0 0 0 Pantops MP $9,108,000 0 0 198,000 1,452,000 3.300,000 2,840,000 0 198,000 660,000 660,000 Places 29 MP $10,824,000 0 0 0 396,000 2,112,000 3,960,000 2,640,000 0 396,000 1,320,000 Rivanna MP $7,260,000 0 0 0 99,000 1,122,000 2,970,000 2,640,000 0 99,000 330,000 So. Urban MP $7,788,000 0 0 0 0 198,000 1,452,000 3,300,000 2,640,000 0 198,000 Nei9hborhood 6&7 MP $7,590,000 0 0 0 0 0 198,000 1,452,000 3,300,000 2,640,000 0 ToIlIIMPeo.ts $50,581,190 Table A-1 (Cont.) Inflated Transportation Cost Estimates -- Other Transportation Hillsdale Rd. Connector East Connector (1st Phase) Georgeto.vn Road Rev€flueSharing Rd. Prog. Jarmans Gap Road Meadowcreek Parkway (1st Ph.) Southem Parkway (1st Ph.) T alai Other Costs Talal Cost $79,OOO 9,000,000 2,750,000 10,000,000 696,968 3,290,429 6,200,000 $32,016,397 Deflated Cost Estimates .. Other Transportation HiIlsdale Rd. Connector East Connector (1st Phase) Georgeto.vn Road Rev€flue Sharing Rd. Prog. Jarmans Gap Road Meadowcreek Parkway (1st Ph.) Soothem Parkway (151 Ph.) TOlaI OIher Costs T alai Cost FY 07 $65,833 g,Ooo,Ooo 2,750,000 10,000,000 696,968 3,133,742 6,200,000 $31,848,543 FY07 FY08 FY09 FY10 FY11 FY12 FY13 FY 14 FY15 FY 16 79,000 3,290,429 FY08 FY09 FY 10 FY11 FY12 FY13 FY14 FY15 FY 16 0 0 0 65,833 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3,133,742 0 0 0 Table A-1 (Cant.) Note: Albemarle County assumes a non-compounded inflation rate of 5% per annum for CIP/CNNStrategic Plan infrastructure costs. Deflated costs are in 2006 dollars. Sources: Dollar figures and starVstop dates for Master Planned area projects, Georgetown Road, Eastern Connector, Jarmans Gap Road, Meadowcreek Parkway, and Southern Parkway come from the "Master Plan Cost Scenarios" spreadsheet supplied by Andy Bowman, Management Analyst, January 2007. Hillsdale Road Connector and Revenue Sharing Road Program numbers and starVstop dates come from the Albemarle County FY 06/07 Adopted Budget, p. 205. Table A-2 Estimated Total Square Footage of Non-Residential Space in Albemarle County (1983-2003) & Estimated Ten Year Supply of Non-Residential Space Retail Tax, Office Industrial Institutional Year SF SF SF SF Total SF 1983 1,573,000 177,000 2,240,000 2,125,000 6,115,000 1984 1,681,000 177,000 2,275,000 2,138,000 6,271,000 1985 1,808,000 270,000 2,445,000 2,153,000 6,676,000 1986 1,932,000 395,000 2,505,000 2,323,000 7,155,000 1987 2,176,000 454,000 2,660,000 2,412,000 7,702,000 1988 2,584,000 504,000 2,886,000 2,417,000 8,391,000 1989 3,521,000 605,000 3,026,000 3,167,000 10,319,000 1990 3,734,000 735,000 3,116,000 3,210,000 10,795,000 1991 4,006,000 760,000 3,116,000 3,347,000 11,229,000 1992 4,072,000 760,000 3,116,000 3,422,000 11,370,000 1993 4,087,000 950,000 3,171,000 3,521,000 11,729,000 1994 4,109,000 1,025,000 3,241,000 3,614,000 11,989,000 1995 4,178,000 1,238,000 3,241,000 3,635,000 12,292,000 1996 4,294,000 1,318,000 3,266,000 3,830,000 12,708,000 1997 4,451,000 1,479,000 3,266,000 3,914,000 13,110,000 1998 4,652,219 1,716,708 3,290,000 4,093,757 13,752,684 1999 4,851,503 1,989,368 3,312,510 4,109,717 14,263,098 2000 4,968,326 2,249,268 3,312,510 4,281,088 14,811,192 2001 5,550,755 2,296,396 3,504,050 5,000,310 16,351,511 2002 5,664,335 2,296,396 3,524,950 5,289,208 16,774,889 2003 5,873,712 2,296,396 3,584,945 5,299,188 17,054,241 20 Yr. Avg, Grth, 215,036 105,970 67,247 158,709 546,962 Est. 10 Yr. SF 2,150,356 1,059,698 672,473 1,587,094 5,469,621 Sources: Figures for 1997 are taken from the FY 97/98 version of the Albemarle County Cost Revenue Impact Model (CRIM); Figures for previous and subsequent years were de- rived using site plan approval data from the various editions of the Albemarle County Development Activity Report for the years 1984 through 2003 inclusive. Methodology: Figures for each of the years 1983 through 1996 inclusive and 1998 through 2003 inclusive were estimated by taking the total square footage of the subse- quent or previous year, and subtracting or adding to that number the site plan square footage that the County approved in that subsequent or previous year. The number of square feet for 1997 is assumed to be the total for the end of calendar year 1997. The number of square feet for 1996, then, was estimated by taking the 1997 figure and subtracting from it the number of square feet of space that the County approved in 1997. The number of square feet for 1998, likewise, was calculated as equaling the 1997 figure plus the number of square feet that the County approved in 1998. Table A-3 Average Daily Vehicle Trip Generation per 1,000 Square Feet of Gross Floor Area (By ITE Land Use Code) ITE Weekday Saturday Sunday Weekday Land Use Trip Trip Trip No. or Wt. Code Land Use Type -- Retail Generation Generation Generation Averaae 437 Bowling Alley 33.33 N/A N/A 33.33 443 Movie Theater without Matinee 78.06 99.28 81,90 81.64 491 Racquet/Tennis Club 14,03 21,35 17.40 15.56 492 Health/Fitness Club 32,93 20.87 26.73 30.32 493 Athletic Club 43.00 38.46 36.77 41.46 630 Clinic 31.45 N/A N/A 31.45 720 Medical-Dental Office Building 36.13 8.96 1.55 27.31 812 Building Materials and Lumber Store 45,16 51.60 24,50 43.13 813 Free-Standing Discount Superstore 49,21 57.50 46,98 50.08 814 Specialty Retail Center 44,32 42.04 20.43 40.58 815 Free-Standing Discount Store 56,02 71.19 54,90 58.03 816 Hardware/Paint Store 51.29 82,52 68.65 58.23 817 Nursery/Garden Center 36.08 72.71 58.46 44.51 818 Nursery/Wholesale 39.00 29.90 26.4 7 35.91 820 Shopping Center 42,94 42,97 25.24 40.42 823 Factory Outlet Center 26.59 40.97 26.16 28.58 841 New Car Sales 33.34 21.03 10.48 28.32 843 Automobile Parts Sales 61.91 N/A N/A 61.91 848 Tire Store 24.87 N/A N/A 24.87 849 Tire Superstore 20.36 19,03 N/A 20.14 850 Supermarket 102.24 177.59 166.44 122.18 851 Convenience Market (Open 24 Hrs.) 737,99 863,10 758.45 758.79 853 Convenience Market with Gas Pumps 845.60 1,448.33 1,182.08 979.77 854 Discount Supermarket 96,82 117,03 102.54 100.52 860 Wholesale Market 6.73 1.59 2,30 5.36 861 Discount Club 41.80 53.75 33.67 42.35 862 Home Improvement Superstore 29,80 45,67 N/A 32.45 863 Electronics Superstore 45.04 N/A N/A 45.04 869 Discount Home Furnishing Superstore 47.81 70.01 N/A 51.51 870 Apparel Store 66.40 N/A N/A 66.40 879 Arts and Crafts Store 56.55 N/A N/A 56.55 880 Pharm./Drug. w/o Drive-Through Window 90.06 N/A N/A 90.06 881 Pharm./Drug. w/ Drive-Through Window 88,16 N/A N/A 88.16 890 Furniture Store 5.06 4.94 4,64 4.98 911 Walk-in Bank 156.48 13.70 8,33 114.92 912 Drive-in Bank 246.49 71,21 22,15 189.40 931 Quality Restaurant 89.95 94.36 72.16 88.04 932 High- Turnover (Sit-Down) Restaurant 127.15 158.37 131 ,84 132.28 933 Fast-Food Rest. w/o a Drive-Through Wind. 716,00 696.00 500,00 682.29 934 Fast-Food Rest. w/ a Drive-Through Wind. 496.12 722.03 542.72 535.05 Median 47.56 ITE Weekday Saturday Sunday Weekday Land Use Trip Trip Trip No. or Wt. Code Land Use Tvpe -- Taxable Office Generation Generation Generation Averaae 710 General Office Building 11.01 2,37 0,98 8.34 714 Corporate Headquarters Building 7,98 N/A N/A 7.98 715 Single Tenant Office Building 11,57 N/A N/A 11.57 750 Office Park 11 .42 1.64 0.76 8.50 760 Research and Development Center 8.11 1.90 1,11 6.22 770 Business Park 12.76 2.56 1.29 9.66 Median 8.42 ITE Weekday Saturday Sunday Weekday Land Use Trip Trip Trip No. or Wt. Code Land Use Tvpe -- Industrial Generation Generation Generation Averaae 030 Truck Terminal 9,85 1.89 1,02 7.45 110 General Light Industrial 6.97 1.32 0.68 5.26 120 General Heavy Industrial 1.50 N/A N/A 1.50 130 Industrial Park 6,96 2.49 0.73 5.43 140 Manufacturing 3,82 1.49 0,62 3.03 150 Warehousing 4.96 1.22 0.79 3.83 151 Mini-Warehouse 2.50 2.33 1,78 2.37 Median 3.43 ITE Weekday Saturday Sunday Weekday Land Use Trip Trip Trip No. or Wt. Code Land Use Tvpe -- Institutional Generation Generation Generation Averaae 520 Elementary School 14.49 N/A N/A 14.49 522 Middle School/Junior High School 13.78 N/A N/A 13.78 530 High School 12.89 4.37 1.79 10.09 540 Junior/Community College 27.49 11.23 1.21 21.41 560 Church 9.11 10.37 36.63 13.22 561 Synagogue 10.64 5,91 22.50 11.66 565 Day Care Center 79.26 6,21 5.83 58.33 590 Library 54.00 46,55 25.49 48.86 610 Hospital 17.57 11.37 10.34 15.65 620 Nursing Home 6.10 N/A N/A 6.10 730 Government Office Building 68.93 N/A N/A 68.93 731 State Motor Vehicles Department 166.02 9.46 6.74 120.90 732 U.S. Post Office 108.19 48,69 28.81 88.35 733 Government Office Complex 27.92 N/A N/A 27.92 Median 18.53 Source: Institute of Transportation Engineers, Trip Generation, 7th Edition. Table A-4 - Albemarle County Debt-Financed Non- Transportation Infrastructure Costs (Supporting Documentation for Table III) Inflated Cost Estimates .. Local Government CIPICNA Projects Item T etal Cost FY06 FY07 FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY 15 Courts Expansion $7,558,000 1,450,000 625,000 3,915,000 1,568,000 Northern Fire Station 1,712,000 880,000 832,000 Pantops Fire Station 4,326,000 842,000 390,000 1,970,000 1,124,000 Ivy Fire Station 6,555,000 1,634,000 801,000 4,120,000 Fire Apparatus 13,577,000 1,291,000 2,265,000 966,000 854,000 2,402,000 2,358,000 1,296,000 1,437,000 710,000 CrazetLadder Truck 1,629,000 1,629,000 Fir6l'Pohce Range 1,634,000 584,000 1,050,000 COB-Mcintire Renovations 3,655,000 1,180,000 2,475,000 Recreational Facilities 2,030,000 2,030,000 Southern Area Park 2,154,000 191,000 1,963,000 Crazet Community Park 2,859,000 1,000,000 1,859,000 Northern Park 3,032,000 1,061,000 1,971,000 Northside Library 7,081,000 1,012,000 6,069,000 29 North Library 12,601,000 369,000 1,347,000 8,195,000 2,690,000 Crazet Library 5,473,000 424,000 3,603,000 1,446,000 Southern Library 7,921,000 686,000 2,153,000 5,082,000 Central Library 5,644,000 772,000 4,577,000 295,000 Scottsv1l1e Library 3,386,000 419,000 373,000 1,967,000 627,000 Total Loc. Gov!. Costs $92,827,000 Table A-4 (Cant.) Deflated Cost Estimates -- Local Government CIPICNA Projects Item T atal Cost FY06 FY07 FY06 FY09 FY 10 FY11 FY12 FY13 FY14 FY15 Courts Expansion $6,441 ,331 0 1,380,952 0 543,478 3,262,500 1,254,400 0 0 0 0 Northern Fire Station 1,636,364 880,000 0 756,364 0 0 0 0 0 0 0 Pantops Fire Station 3,981,729 642,000 371,429 1,790,909 977,391 0 0 0 0 0 0 Ivy Fire Station 5,717,706 0 1 ,556,190 728,182 0 3,433,333 0 0 0 0 0 Fire Appa'"atus 11,431,484 1,291,000 2,157,143 878,182 742,609 2,001,667 1,884,800 0 960,000 1,026,429 489,655 Crozet Ladder Truck 1,303,200 0 0 0 0 0 1,303,200 0 0 0 0 Fire/Police Range 1,469,234 0 556,190 0 913,043 0 0 0 0 0 0 COB-Mcintire Renovations 3,537,143 1,180,000 2,357,143 0 0 0 0 0 0 0 0 Recreational Facilities 1,933,333 0 1,933,333 0 0 0 0 0 0 0 0 Southern Area Park 1,600,997 0 0 0 0 0 0 146,923 1 ,454,074 0 0 Crozet Community Park 2,356,765 0 0 0 669,565 0 1,487,200 0 0 0 0 Northern Park 2,308,800 0 0 0 0 0 848,800 0 1,460,000 0 0 Northside Library 6,197,391 0 0 920,000 5,277,391 0 0 0 0 0 0 29 North Library 9,323,153 0 0 0 0 0 295,200 1,036,154 6,070,370 1,921,429 0 Crozet Library 5,169,974 424,000 3,431,429 1.314,545 0 0 0 0 0 0 0 Southern Library 5,550,833 0 0 0 0 0 0 0 508,148 1,537,857 3,504,828 Central Ubrary 4,356,888 0 0 0 0 0 617,600 3,520,769 218,519 0 0 Scottsville Library 2,436,018 0 0 0 0 0 0 322,306 276,296 1,405,000 432,414 TCUl Loc, Govt. Dell. C_ $78.752.342 Table A-4 (Cant,) Inflated Cost Estimates - Schools Division CIP/CNA Projects Item Total Cost FYOO FY07 FYOO FY09 FY10 FYll FY 12 FY13 FY14 FY15 Elementary Site LCIld Acq $2,025,000 25,000 2,000,000 Henley Additiorv'Renovation 1,000,000 1,000,000 Murray High School Renovations 149,000 149,000 Cale Addition 2,863,000 2,863,000 Elementary #17 15,600,000 950,000 14,000,000 650,000 ADA Structural Changes 145,000 50,000 15,000 20,000 20,000 40,000 Monticello High School Audit. 5,531,000 800,000 4,731,000 Monticeio HS Aux. Gym. 1,999,000 1,999,000 W AHS Audit. Moveable Wall 390,000 390,000 Bldg. Svcs. OfflceM'arehouse 3,984,000 800,000 3,184,000 Addrtional H~h School Capacity 9,756,000 1,000,000 8,756,000 WAHS Window Replacement 420,000 420,000 Wide Area NetworK Upgrade 1,122,000 1,122,000 Schools Maint./Repl. - Financed 22,151,000 3,423,000 3,301,000 4,904,000 1,639,000 1,466,000 1,672,000 720,000 1,501,000 1,750,000 1,775,000 Veh. Maint. Fac. -- Emerg. Gen. 165,000 165,000 Jouett-Greer Site Reconfig. 675,000 200,000 475,000 Red Hill Elem. -- AddJRenov. 3,659,000 400,000 3,259,000 Scottsv;lIe Add.lRenovation 2,646,000 451,000 2,195,000 Gym. HVAC/L~ht Replacement 3,179,000 198,000 1,533,000 1,448,000 Greer Elem. School Renov. 5,533,000 600,000 4,933,000 Henley Awe PElMeebng Space 870,000 200,000 670,000 Eiementary #1 8 1,500,000 1,500,000 Albemarle HS Add.lRenovation 10,263,000 700,000 9,563,000 Additional Eiem. Capacity 4,800,000 300,000 4,500,000 Total Schools Division Costs $100,425,000 Table A-4 (Cont.) Deflated Cost Estimates - Schools Division CIP/CNA Projects Item Total Cost FY06 FY 07 FY08 FY09 FY 10 FY11 FY12 FY 13 FY 14 FY15 Elementary Site Lald Acq. $1,620,833 0 0 0 0 20,833 1,600,000 0 0 0 0 Henley AdditionlRenovatioo 1,000,000 1 ,000,000 0 0 0 0 0 0 0 0 0 Murray High School Renovations 149,000 149,000 0 0 0 0 0 0 0 0 0 Gale Addition 2,726,667 0 2,726,687 0 0 0 0 0 0 0 0 Elementary #17 12,010,712 0 0 0 0 0 760,000 10,769,231 481,481 0 0 ADA Structural Changes 133,192 50,000 14,286 18,182 17,391 33,333 0 0 0 0 0 Montic,",o H~h Schoo Audit 5,305,714 800,000 4,505,714 0 0 0 0 0 0 0 0 Mooticello HS AU)(. Gym. 1,999,000 1,999,000 0 0 0 0 0 0 0 0 0 WAHS Audit. Moveable Wail 371,429 0 371,429 0 0 0 0 0 0 0 0 Cale Addition 3,495,988 0 0 727,273 2,768,696 0 0 0 0 0 0 Additional H~h School Capacity 7,255,157 0 0 0 0 0 0 769,231 6,485,926 0 0 WAHS Window Replacement 381,818 0 0 381,818 0 0 0 0 0 0 0 Wide Area Network Upgrade 1,020,000 0 0 1,020,000 0 0 0 0 0 0 0 Schools MaintJRepl. -- FinCWlced 19,193,031 3,423,000 3,143,810 4,458,182 1,425,217 1,221,667 1,337,600 553,846 1,111,852 1,250,000 1,267,857 Veh. Maint. Fac. - Emerg. Gen. 165,000 165,000 0 0 0 0 0 0 0 0 0 Jouett-Greer Site Reconfig. 652,381 200,000 452,381 0 0 0 0 0 0 0 0 Red Hiil Elem. -- AddJRenov. 3,083,859 0 0 0 347,828 2,715,833 0 0 0 0 0 Scottsviile AddJRenovatioo 2,221,341 0 0 0 392,174 1,829,167 0 0 0 0 0 Gym. HVACILight Replacement 2,608,074 0 0 0 172,174 1,277,500 1,158,400 0 0 0 0 Greer Elem. School Renov. 4,446,400 0 0 0 0 500,000 3,946,400 0 0 0 0 Henley Aux. PE/Meeting Space 702,687 0 0 0 0 186,667 536,000 0 0 0 0 Elementary #18 1,071,429 0 0 0 0 0 0 0 0 0 1,071,429 Aibemarle HS AddJRenovallon 8,952,016 0 0 636,364 8,315,852 0 0 0 0 0 0 Additional Elem. Capacity 3,436,508 0 0 0 0 0 0 0 222,222 3,214,286 0 TOCIII Sc:hooIs DIY. Deft. C~ 183,181.815 Grand Total 01 Deftmed Cost. $180,734.337 Table A-4 (Cant.) Note: Albema-Ie County assumes a non-compounded inflation rate of 5% per annum for CIP/CNAlStrategic Plan infrastructure costs. Deflated costs are in 2006 dollars. Source: Derived from the Albemarle County FY 06/07 Adopted Budget. pp. 202 & 203, and Conversations with Brenda Neitz, Budget Analyst. Table A-5 Assumed Twenty Year Annual Increase (%) in Albemarle County Revenue Streams, per Dwelling Unit SFD 20 Yr. Wt. Avg. Current $ %of Assumed Assumed Amt. Per Tot. Curr. $ Annual Ann. Inc. Dwell. Unit Amt. Per DU Revenue Stream Increase 2.12% $1,811.87 42.44% Residential Real Property Tax 5,00% 0.82% 530.48 12.43% Residential Personal Property Tax 6.58% 0.07% 129.75 3,04% Cons. Utility Tax -- Residential 2.22% 0.00% 4.99 0.12% Ut. Company Licenses 3.00% (a) 0.04% 52.87 1.24% Motor Vehicle Licenses 3.00% (a) 0.01% 33.27 0.78% Permits & Fees 1,78% 0.01% 8,37 0,20% Fines & Forfeitures 3,00% 0.05% 26,19 0,61% Charges for Services 8.86% 0.11% 165.19 3.87% State Aid 2.74% 0.15% 105.69 2.48% Categorical Aid -- Federal 5.96% 0.02% 9,55 0.22% Hotel/Motel/Room Tax 7,30% 0.06% 26,87 0.63% Delinquent RE/Penalties 9,04% 0.91% 1,288.79 30.19% State Aid to Schools 3.00% (a) 0.11% 75.12 1.76% Meals Tax 6.46% $4,268.99 Total Current Rev. $ Amount per DU - Total Weighted Assumed Ann. Rate of Growth SFA/TH 20 Yr. Wt. Avg. Current $ %of Assumed Assumed Amt. Per Tot. Curr. $ Annual Ann. Inc. Dwell. Unit Amt. Per DU Revenue Stream Increase 2.10% $1,334.74 42.09% Residential Real Property Tax 5,00% 0.95% 457.81 14.44% Residential Personal Property Tax 6.58% 0.09% 129.75 4,09% Cons. Utility Tax -- Residential 2.22% 0.00% 4.31 0.14% Ut. Company Licenses 3.00% (a) 0.04% 45.62 1.44% Motor Vehicle Licenses 3.00% (a) 0.02% 28.71 0.91% Permits & Fees 1.78% 0.01% 7.22 0.23% Fines & Forfeitures 3,00% 0.06% 22.60 0.71% Charges for Services 8,86% 0.12% 142,56 4.50% State Aid 2.74% 0.17% 91.21 2.88% Categorical Aid -- Federal 5.96% 0.02% 8.24 0.26% Hotel/Motel/Room Tax 7,30% 0.07% 23.19 0,73% Delinquent RE/Penalties 9.04% 0.77% 810.24 25,55% State Aid to Schools 3.00% (a) Table A-5 (Cont.) SFAlTH 20 Yr. Wt. Avg. Current $ % of Assumed Assumed Amt. Per Tot. Curr. $ Annual Ann. Inc. Dwell. Unit Amt. Per DU Revenue Stream Increase 0.13% 64.83 2.04% Meals Tax 6.46% $3,171.04 Total Current Rev. $ Amount per DU - Total Weighted Assumed Ann. Rate of Growth MF 20 Yr, Wt. Avg. Current $ % of Assumed Assumed Amt. Per Tot. Curr. $ Annual Ann. Inc. Dwell. Unit Amt. Per DU Revenue Stream Increase 1.80% $869.70 36.00% Residential Real Property Tax 5,00% 1.08% 394.83 16.34% Residential Personal Property Tax 6.58% 0.12% 129,75 5,37% Cons. Utility Tax -- Residential 2.22% 0.00% 3,72 0,15% Ut. Company Licenses 3.00% (a) 0.05% 39.35 1.63% Motor Vehicle Licenses 3.00% (a) 0.02% 24.76 1.02% Permits & Fees 1,78% 0.01% 6.23 0.26% Fines & Forfeitures 3,00% 0.07% 19.49 0.81% Charges for Services 8.86% 0.14% 122.95 5,09% State Aid 2.74% 0.19% 78,66 3.26% Categorical Aid -- Federal 5.96% 0.02% 7.11 0.29% Hotel/Motel/Room Tax 7.30% 0.07% 20.00 0.83% Delinquent RE/Penalties 9.04% 0.80% 643,28 26,63% State Aid to Schools 3.00% (a) 0.15% 55.91 2,31% Meals Tax 6.46% $2,415.74 Total Current Rev. $ Amount per DU - Total Weighted Assumed Ann. Rate of Growth MH 20 Yr, Wt. Avg. Current $ %of Assumed Assumed Amt. Per Tot. Curr. $ Annual Ann. Inc. Dwell. Unit Amt. Per DU Revenue Stream Increase 0.94% $561,68 18.79% Residential Real Property Tax 5.00% 1.17% 530.48 17.75% Residential Personal Property Tax 6.58% 0.10% 129,75 4.34% Cons. Utility Tax -- Residential 2,22% 0.01% 4.99 0.17% Ut. Company Licenses 3.00% (a) 0.05% 52.87 1.77% Motor Vehicle Licenses 3.00% (a) Table A.5 (Cont.) MH 20 Yr. Wt. Avg. Current $ %of Assumed Assumed Amt. Per Tot. Curr, $ Annual Ann. Inc. Dwell. Unit Amt. Per DU Revenue Stream Increase 0.02% 33.27 1.11% Permits & Fees 1.78% 0.01% 8,37 0.28% Fines & Forfeitures 3.00% 0.08% 26.19 0.88% Charges for Services 8.86% 0.15% 165.19 5,53% State Aid 2.74% 0.21% 105.69 3.54% Categorical Aid -- Federal 5,96% 0.02% 9,55 0,32% Hotel/Motel/Room Tax 7.30% 0.08% 26,87 0.90% Delinquent RE/Penalties 9.04% 1.26% 1,259.10 42.12% State Aid to Schools 3.00% (a) 0.16% 75.12 2,51% Meals Tax 6.46% $2,989,12 Total Current Rev, $ Amount per DU - Total Weighted Assumed Ann. Rate of Growth Notes: Twenty year assumed annual rates of increase are extrapolated from available projections for the County's current five year financial forecast. (a) No projection exists for growth in this revenue stream in the current financial forecasting model; the author of this table assumes that the revenue per dwelling unit will increase with his expected annual rate of change in the Consumer Price Index for all Urban Consumers (CPI-U), Source: Non-footnoted items are derived from e-mail correspondance with Laura Vinzant, Senior Budget Analyst, Febrary 16, 2007. MAY 2, 2007 CLOSED SESSION MOTION I MOVE THAT THE BOARD GO INTO CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A) OF THE CODE OF VIRGINIA . UNDER SUBSECTION (1) TO CONSIDER APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS; · UNDER SUBSECTION (3) TO CONSIDER THE ACQUISITION OF REAL PROPERTY FOR A POTENTIAL PARK FACILITY; · UNDER SUBSECTION (7) TO CONSULT WITH LEGAL COUNSEL AND STAFF REGARDING PENDING LITIGATION RELATING TO A REAL ESTATE ASSESSMENTAPPEAL;AND · UNDER SUBSECTION (7) TO CONSULT WITH LEGAL COUNSEL AND STAFF REGARDING SPECIFIC MATTERS REQUIRING LEGAL ADVICE RELATING TO AN INTERJURISDICTIONAL AGREEMENT. County of Albemarle . MEMORANDUM DATE: Members of the Board of Supervisors Meagan Hoy, Senior Deputy Clerk I ~ May 2, 2007 TO: FROM: RE: Vacancies on Boards and Commissions Attached please find an updated listing of vacancies on boards and commissions through October 2007 provided for informational purposes only. The following Boards and Commissions have been advertised and interviews are set as follows: Commission on Children and Families (Two Vacancies): 12:30 p.m, Melinda Whitehurst 12:40 p,m, Ralph Chester (Myra Anderson: Contacted several times, no response.) The following Boards and Commissions have been advertised and applications were received as follows: Aaricultural and Forestal District Advisory Committee: Bradford Cogan Michael Wheelwright PantoDs Community Advisory Council: Barbara Elias Tucker Hurt Glenna Kennett The following reappointments require action by the Board: Advisory Council on Aaina: M. Waltine Eubanks ..It- ""~Z ;:D::ILI uw:E -t-t- D::enZ t--6 !a~a. 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J If I 0 I 0 N CD .- i ~ 0 I I I III 'i III ....' .>1 'S: CIl D:: Meagan Hay Page 1 of2 From: mwoverlook@earthlink.net Sent: Monday, February 26, 20075:08 PM To: Ella Carey Cc: Meagan Hoy Subject: Board/Commission/Committee Application Date of this Application: Board/Commission/ Committee Applied for: Board/Commission/ Committee Affiliation: Magisterial District: Application Information 02/26/2007 Commission on Children and Families N/A Samuel Miller Applicant Name: Address: Home Telephone: Email Address: Melinda Whitehurst 130 Overlook Dr Charlottesville, VA 22903 (434) 979-8111 mwoverlook@earthlink.net Employer: Business Address: Work Telephone: Occupation/Title: Date of Employment: The Arc of the Piedmont 509 Park Charlottesville, VA 22902 (434) 977-4003 Parent-Infant Educator 07/1998 Years Resident in Albemarle County: Previous Residence: Spouse: Number of Children: 09 No response to this question Stewart Whitehurst III 03 Education: BA Psychology, May 91 Memberships: 4/24/2007 MT Elementary Education, May 91 Educational Specialist - Special Education, Dec 99 Ivy Creek United Methodist Church Interests: Reason to Serve: How did you Hear About Vacancy: Page 2 of2 NAEYC (National Association for the Education of Young Children) Red Hill Elementary School PTO - Vice President Advisory Committee Charlottesville City Schools 4 Year old Preschool Program I am interested in the well being of children and families in the community. I have both the perspective of a parent and a professional who works with parents. I am familiar with the Commission and the Partnership for Children through my place of employment. I hope to help represent some of the issues which face families in the area. Daily Progress SIGNATURE REQUIRED: Melinda Whitehurst DATE SIGNED: 4/24/2007 April 24, 2007 Dear Board of Supervisors: I am writing concerning my application to serve on the Commission of Children and Families Board. I am unable to attend your interview so I thought it would be helpful to give you a little more information about myself. As I noted in my application, I have a BA in Psychology, a MT in Elementary Education and an Ed. S. degree in Special Education. I am certified to teach early childhood special education and preschool to 8th grade children who are typically developing, I have taught home-based Head Start, an early childhood special education class and At-Risk 4 year olds. For the past nine years I have worked as a parent-infant educator with The Arc of the Piedmont in their Infant Development Program. I also have two children who attend Red Hill Elementary and one who goes to Molly Michie Preschool. Through my job at The Arc of the Piedmont, I work with children birth through three years, who are risk of being delayed, and their parents. I love the variety of children and parents I meet through my job. One particular population I work with is parents with disabilities. I find them both challenging and rewarding, I am very familiar with community agencies which deal with children and families. I often team with workers from CYFS, DSS and TJHD when working with families. I also attend the Parent Education Workgroup of the Partnership for Children on a regular basis, Overall, I am interested in serving my community by serving on the Commission of Children and Families Board. I feel that I have good background knowledge and experience to assist this board in its endeavors, Thank you for your time and consideration. Sincerely, Melinda Whitehurst Meagan Hay Page 1 of3 From: magdaone@aol.com Sent: Tuesday, February 27, 20076:26 PM To: Ella Carey Cc: Meagan Hoy Subject: Board/Commission/Committee Application Date of this Application: Board/Commission/ Committee Applied for: Board/Commission/ Committee Affiliation: Magisterial District: Application Information 02/27/2007 Commission on Children and Families citizen member/Child and Adolescent Psychiatrist Jack Jouett Applicant Name: Address: Home Telephone: Email Address: Ralph Chester 210 Montvue Drive Charlottesville, VA 22901 (434) 841-3514 magdaone@aol.com Employer: Business Address: Work Telephone: Occu pation /Title: Date of Employment: self 1020 East Jefferson Street Charlottesville, VA 22902 (434) 841-3514 Child and Adolescent Psychiatrist/General Psychiatrist 07/1986 Years Resident in Albemarle County: Previous Residence: Spouse: Number of Children: 02 Jefferson Parish and Orleans Parish (New Orleans, LA region) Karen Chester 02 Education: 4/24/2007 BA, Medical Science with a Minor in Sociology, Boston University - May, 1981 MD, Boston University School of Medicine - May, 1981 Residency in Psychiatry, Tulane University School of Medicine - June, 1985 Memberships: Interests: Reason to Serve: How did you Hear About Vacancy: Page 2 of3 Fellowship in Child Psychiatry, Tulane University School of Medicine - June, 1986 Fellowship in Psychoanalytic Medicine, Tulane University School of Medicine - June, 1987 American Academy of Child and Adolescent Psychiatry Southern Medical Association Chief Child Psychiatrist of Child and Family Center in Central Virginia Community Services. After being displaced by the storm events of Katrina and Rita in September 2005, my family was fortunate to be able to move to Virginia, where we were well received and helped very openly by more than our relatives (who have been attracting us to the Charlottesville area for the last 18 - 20 years.) I am very greatful for this. I had previously worked in public and private psychiatry and Child and Adolescent Psychiatry in both rural and urban south Louisiana, and had for years been the Child Psychiatric Consultant to Orleans Parish Public Schools, St. Tammany Parish Public Schools, the Juvenile Courts in Orleans, Jefferson, St. Bernard and other parishes, and consulted as a psychiatrist and child psychiatrist across medical specialties and arenas of health care. I also taught through the Tulane University School of Medicine, and I was happy and successful in my work. My wife and I, as well as our children, made a real effort across the years to be involved in the Charlottesville community. Very frequent were our visits, and I was exposed to the youth mental health community and the education system in Albemarle on an ongoing basis through my wife's sister and her husband, who have always worked in these systems since they moved here themselves long ago, married, completed education pieces at UVA, had their own children, etc. Now established as a clinician and a citizen (no longer vicariously) in the county and region, and with my family settled, I decided to offer my help to the Charlottesville/ Albemarle Commission on Children and Families. I am a firm believer in civic duty, love my work, value service to others, and know that those things that can contribute to the mental health and levels of wellness and success in the youth of a population really support the vitality and succes of the community as a whole. I have a unique and strong background in training, consultation, and work experience, am energetic and interested, and wish to be able to make a contribution to my community. Having reviewed the tasks and interestes and thoughtful reach of the Commission on Children and Families, and as I am in a position to know and understand and to be able to do so in the arenas of interest to the Commission, I felt that I could be of help. It is for these reasons that I am making this application. Newspaper article/professional contacts/Gretchen Ellis SIGNATURE REQUIRED: 4/24/2007 Ralph Chester DATE SIGNED: 4/24/2007 Page 3 of3 Meagan Hay Page 1 of2 From: liberatedchick2000@yahoo.com Sent: Wednesday, February 28, 20078:30 PM To: Ella Carey Cc: Meagan Hoy Subject: Board/Commission/Committee Application Date of this Application: Board/Commission/ Committee Applied for: Board/Commission/ Committee Affiliation: Magisterial District: Application Information 02/28/2007 Commission on Children and Families community member Samuel Miller Applicant Name: Address: Home Telephone: Email Address: Myra Anderson 220 Wahoo Way Apt 822 Charlottesville, VA 22903 (434) 409-2283 I i be rated ch ick2 0 00 (Ci)ya hoo. co m Employer: Business Address: Work Telephone: Occu pation/Title: Date of Employment: On Our Own of Charlottesville 123 4th St NW Charlottesville, VA 22903 (434) 979-0067 Mental Health Peer Specialist OS/2006 Years Resident in Albemarle County: Previous Residence: Spouse: Number of Children: 2+ 146 Woodlake Drive Charlottesville No response to this question No response to this question Education: Memberships: Interests: 4/24/2007 Completed 21/2 years at Virginia Commonwealth University--majoring in social work n/a Region Ten Board of Directors Page 2 of2 Reason to Serve: I am very intetrested in improving services and identifying service gaps for children and families in the Charlottesville/ Albermarle Community How did you Hear About Vacancy: Newspaper SIGNATURE REQUIRED: Myra Anderson DATE SIGNED: 4/24/2007 03/25/2007 08:01 4342%2139 ALLIED CONCRETE PAGE 01/02 GUS LORBER, PRESIOENT KEVIN S. BRILL, VICE F'FlEsIDENT BRAD COGAN, VIce F'FtESIDENT CORY R. REDIFER. VICE PRESIOENT lED CONCRETE co. 1000 HARRIS STREET. P.O. BOX 1647 CHARlOmSVILLE, VIRGINIA 22902 TELEPHONE 434-296-7181 TOLL FREE 600-877-0710 FAX NO, 434-296-2139 TO: M ~CSJMI1tt:;SMTITAL COMPANY: 4t ~71 CV FAX NUMBER: l-C?'f6 s-~C/o a t2A- ~'~/l d FROM: DATE: SUBJECT: NUMBERS OF PAGES TO FOLLQW: COMMENTS/ INSTRUCTIONS: ALLIED CONC.RETE CO. 1000 HARRIS STREET P.O. BOX 1647 CHARLOTTESVILLE, VA 22902 PHONE: (434) 296-7181 FAX; (434) 296-2139 1~800-877 -071 0 IF you DO NOT RECEIVE ALL P AGtLS SENT TO YOU, PLEASE CALL THE PRONK NUMBER LIsno ABOVE. 03/25/2007 08:01 4342952139 U~/~~/~OU7 IJ:30 F~~ 434 ~96 5800 ALLIED CONCRETE ALBE COl~ EXEC OFFICE PAGE 02/02 I4l 002 County of Albemarle '"t:~~r;7''' :4~~~"~:;~-..r.:..:o..":~ I';'~'('~ '" ~,' .... ".7~'.':-.. .,a;:::! _:i"lill'-:-':;;' !~~C ;if,' 'l ~~ ""'=-~ "",...j:, .~~~~~~~~~.. Office of BOl\J:"d of County SUPerv:L.o;o:tS 401 McIntire Road Cba.dott~sville, VA 22902-45915 (804) 296-5843 AF'l'LICA.TION TO S~VE ON BOAED!CO:M:MXSSrON/COMMITIEE (please type oX' print.) Board/Commission/Committee rit. . ~ or; rf this Boud/Commission/ec) cc has specifir. .membez:ship represen.tation, for e;s;ampk, P community munber~ etc_, plc:a3e 1i~t yow: afB.1i.atior.:. (please list all that apply), <.f. App1i=t',N""" f!:5?!;;; :) ~~ Email..A.ddre:;s h ~ lt/~...:l. .- . eJ_ Full Home Addt:ess ~ (? 1!- elL- ~ 2- LA to... 1.lrJ I '1/'" "..-'1/[ ff7 HotnePhone I(~~. ~:l-~ -71"!?' Email Addrells I~ t-f1 7~1 (7 Z-- Occupation/Title 1/1tA..--- 14- Jd ~J Years Rcsiden t in Albemarlt; C(~utl.lY ]. I P~OUI Re$idcncc ./Vk:.... ~ (,.(,." j/V: T _ Edt:lCltdon rper;rees lln d Grllduation D~tes) ----13. - 5 . M'gi,,,,,"" DUtdct ;" ~ur h=. re$id<n= ;, lo=ted Employer 4/llr G fl ~b- c, " Bu;io.es~ Address fJ 0 rJ n(.. ~ w~ +( o..I.J Phone Ltj ~ ~t 7ffl Date of Employtt:lcnt' 3 - '3 I" ?f 7 Spouse's Name ~ ~ Number of Children V A, &0..u~Vt ~ /=t:(;/f- 11y-7 tth""i'!~ ~'1 :;,.~,:z:~'.;~ Sod," G<oup. Nl,......, I-- 1'1~ L 11.#\(./ Puhljc.. Civic a1'l.d Chcita~le Offit:e ~,.,dJar Q~er Act:i:viries or Tnrcrcsl:$ Re?~fCI ~7 ~^~~ltlJ~~J~~~5sion/C"mmitte<: 1=~ ~ J- r f,(1 f7r Jf~ How did you he:ar of this VlI.cancy (web, newsp1l.per, etc.) 17J",.... ~ ~ ~ ~ :J ~ J"""' ~ Ths i".fq tl/.i P idcd 011 thir applit:tJti()1'l win be rt:ktLfCd 10 thlll*bli~ 1t ~ eIt, - 3 -~y--- (/7 DlIte Return to: Clerk, BoaX'd. elf County SUpc:rvi90r5 Albemarle County 401 McIntire Ro~d Cb.lI.dQttesvillc~ VA 22902-4596 FAX: (434) 296-S800 PLEASE RESTRICT ANY A TTACHMliNTS TO ONe PAGE Ella Carey Page 1 of2 From: Wogonjm@NewZero.net Sent: Tuesday, April 17, 2007 7:51 AM To: Ella Carey Subject: Board/Commission/Committee Application Date of this Application: Board/Commission/ Committee Applied for: Board/Commission/ Committee Affiliation: Magisterial District: Applicant Name: Address: Home Telephone: Email Address: Employer: Business Address: Work Telephone: Occupation/Title: Date of Employment: Years Resident in Albemarle County: Previous Residence: Spouse: Number of Children: Education: Memberships: Interests: 4/17/2007 Application Information 04/17/2007 Agricultural andForestal District Advisory Committee NOTE: This Board Name was not on the database N/A Rivanna Michael Wheelwright 453Hidden Ridge Road Charlottesville, VA 22902 (434) 296-6134 WggpDim_@NewZerQ.net Orange County 128West MainStreet Orange, VA 22960 (540) 672-4347 Planning Tecnician 12/2005 2+ 10 Casey Circle Waltham, MA 88' 05' Jean 2 Bachelor Landscape Architecture University of CA, Berkley Urban Studies, MIT, Cambridge St Paul's Episcopal Church PACEM Volunteer with Homeless Clients through St. Paul's Church affiliation Page 2 of2 Reason to Serve: Committed to working to preserving viable,rural,agricultural character of Albemarle County Broad Land Use experience some soil science experience range management applications involving two family ranches (CA,AZ) How did you Hear About Vacancy: Charlottesville Daily Progress SIGNATURE REQUIRED: Michael Wheelwright DATE SIGNED: 4/17/2007 Meagan Hoy Page 1 of2 From: Ella Carey Sent: Monday, April 02,2007 1 :02 PM To: Meagan Hoy Subject: FW: Board/Commission/Committee Application From: barbara.elias@mjh.org [mailto: barbara.elias@mjh.org] Sent: Monday, April 02, 2007 12:13 PM To: Ella Carey Subject: Board/Commission/Committee Application Date of this Application: Board/Commission/ Committee Applied for: Board/Commission/ Committee Affiliation: Magisterial District: Application Information 04/02/2007 Pantops Community Advisory Council Martha Jefferson Hospital - Director of Replacement Hospital Project Rio Applicant Name: Address: Home Telephone: Email Address: Barbara Elias 2507 Kerry Lane Charlottesville, VA 22901 (434) 296-4110 barbara .elias@mjh.org Employer: Business Address: Work Telephone: Occupation/Title: Date of Employment: Martha Jefferson Hospital 459 Locust Ave Charlottesville, VA 22902 (434) 971-5256 Director of Replacement Hospital Project 06/1983 Years Resident in Albemarle County: Previous Residence: Spouse: Number of Children: 31 Note that I live in the City but my employer is moving to the County Alfred 01 Education: Currently completing a degree in Business Management through Western 4/212007 Page 2 of2 Governors University. Memberships: American Society for Healthcare Engineers International Facility Management Association Interests: Past participation in the American Heart Association on the Board Past member of PTO Central Council and Special Education Advisory Council Reason to Serve: I am keenly interested in the Pantops Master Plan considering that I am responsible for the project planning of our replacement hospital which will be located on Pantops Mountain at Peter Jefferson Park. We plan to open in 2012. I will represent Martha Jefferson Hospital on this committee which will be one of your large businesses in this location. Having lived in the area since 1976 I have watched a great deal of change in our area and am pleased that Albemarle County is planning to meet not only the current, but also the future needs of its residents and businesses. How did you Hear About Vacancy: Reviewing the Albemarle County website, Pantops Master Plan. SIGNATURE REQUIRED: Barbara Elias DATE SIGNED: 4/2/2007 Meagan Hay Page 1 of2 From: Ella Carey Sent: Tuesday, March 27, 2007 1 :39 PM To: Meagan Hoy Subject: FW: Board/Commission/Committee Application From: tuckerhurt@virginialandcompany.com [mailto :tuckerhu rt@virginialandcompany.com] Sent: Tuesday, March 27, 2007 9:36 AM To: Ella Carey Subject: Board/Commission/Committee Application Date of this Application: Board/Commission/ Committee Applied for: Board/Commission/ Committee Affiliation: Magisterial District: Application Information 03/27/2007 Pantops Community Advisory Council Resident, Business member, land owner representative (Pantops Townhouses LLC, Albemarle Hotel LLC, Pantops-Lakeridge LLC, Pantops Giant LLC, etc.) Rivanna Applicant Name: Address: Home Telephone: Email Address: Tucker Hurt 1055 Weybridge CT Aprt 202 Charlottesville, VA 22911 (434) 981-8752 tuckerhu rt@virqinialandcompany.com Employer: Business Address: Work Telephone: Occupation/Title: Date of Employment: Virginia Land Company 195 Riverbend Drive Charlottesville, VA 22911 (434) 979-8181 Project Manager 09/2006 Years Resident in Albemarle County: Previous Residence: Spouse: Number of Children: 22 No response to this question No response to this question No response to this question 3/27/2007 Page 20[2 Education: University of Virginia, Bachelor of Arts in Math, 2006 Memberships: none Interests: real estate development Reason to Serve: My company has an interest in promoting the prosperity of the Pantops community as a large land owner. We have been in business on Pantops for fifty years and we would like for it to continue to flourish with the help of our stewardship as a landowner. How did you Hear About Vacancy: Via a March 2007 newsletter. SIGNATURE REQUIRED: Tucker Hurt DATE SIGNED: 3/27/2007 Meagan Hoy Page 1 of2 From: glenna.kennett@RMSCVA.com Sent: Friday, April 20, 200712:29 PM To: Ella Carey Cc: Meagan Hay Subject: Board/Commission/Committee Application Date of this Application: Board/Commission/ Committee Applied for: Board/Commission/ Committee Affiliation: Magisterial District: Application Information 04/20/2007 Pantops Community Advisory Council Property owner and resident of Pantops. Employed (full time employee) in the Outpatient Care Center on Pantops. Rivanna Applicant Name: Address: Home Telephone: Email Address: glenna kennett 374 South Pantops Dr Charlottesville, VA 22911 (434) 295-4032 gJ~DJ:lCl' ke n net!@RMSJ:\LA.com Employer: Business Address: Work Telephone: Occupation/Title: Date of Employment: Reproductive Medicine and Surgery Center of VA, Ltd 595 Peter Jefferson Pkwy Charlottesville, VA 22911 (434) 982-8565 RN 11/2005 Years Resident in Albemarle County: Previous Residence: Spouse: Number of Children: 1 Franklin County, VA for "'20 years Roanoke, VA for "'27 yrs. n/a 1 Education: Memberships: Interests: 4/2012007 Diploma graduate- Roanoke Memorial Hospitals School of Professional Nursing in May, 1978. Overlook Condominium Homeowners Association. I continue to visit various churches and am interested in having a church Page 2 of 2 affiliation in this community. Reason to Serve: I moved into the Pantops area in March '06 and I have been involved in the capacity available to me by attending and participating in the Pantops Master Plan public open houses. Anything planned for the Pantops area has a direct impact on me as I live and work on Pantops. Since the Albemarle County Planning Commission is seeking public input and representation, it would be an honor to have the opportunity to become a part of my community in this capacity. How did you Hear About Vacancy: Rebecca Ragsdale gave a presentation to our HOA April 18, 2007 and mentioned a Pantops Community Advisory Council open to applications from the public. SIGNATURE REQUIRED: glenn a kennett DATE SIGNED: 4/2012007 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Proposed FY 2007 Budget Amendment AGENDA DATE: May 2, 2007 ACTION: X INFORMATION: SUBJECT/PROPOSAL/REQUEST: Public Hearing on the Proposed FY 2007 Budget Amendment in the amount of $1 ,305,573.96 and request approval of amendment and of Appropriations #2007065, #2007066, #2007067, #2007068,#2007069,#2007070,#2007071, #2007072,#2007073,#2007074,#2007075, and #2007076 totaling $1,166,072.71 for provide funding for various local government, school, and capital programs. CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: STAFF CONTACTlS): Messrs. Tucker, Foley, Breeden, Wiggans ---- ,..---- / LEGAL REVIEW: Yes BACKGROUND: The Code of Virginia 915.2-2507 stipulates that any locality may amend its budget to adjust the aggregate amount to be appropriated during the current fiscal year as shown in the currently adopted budget. However, any such amendment which exceeds one percent of the total expenditures shown in the currently adopted budget or the sum of $500,000, whichever is lesser, must be accomplished by first publishing a notice of a meeting and holding a public hearing before amending the budget. The Code section applies to all County funds, Le" General Fund, Capital Fund, E-911, School Self-Sustaining, etc. STRATEGIC PLAN: Goal 5: Develop a comprehensive funding strategy/plan to address the County's growing needs. DISCUSSION: The proposed increase of this FY 2007 Budget Amendment totals $1 ,305,573.96. The estimated expenses and revenues included in the proposed amendment are shown below: ESTIMATED EXPENDITURES General Fund Special Revenue Funds School Fund School Program Funds Emergency Communications Center Capital Fund Storm Water Fund TOTAL ESTIMATED EXPENDITURES - All Funds $ 9,080.66 $ 656,832.05 $ 270,833,30 $ 176,652.95 $ 171,841,00 $ 11,000.00 $ 9,334.00 $ 1,305,573.96 $ 147,790.00 $ 196,517.05 $ 224,115.48 $ 466,868.66 $ 270,282.77 $ 1,305,573.96 ESTIMATED REVENUES Local Revenues (Fees, Contributions, Donations, Proffers) State Revenue Federal Revenue General Fund Balance Other Fund Balances TOTAL ESTIMATED REVENUES - All Funds AGENDA TITLE: Proposed FY 2007 Budget Amendment May 2, 2007 Page 2 The budget amendment is comprised of twenty-two (22) separate appropriations, ten (10) of which have already been approved by the Board as indicated below: Approved March 7, 2007: · Two (2) appropriations (#2007027 and #2007059) totaling $15,477 ,05 for grants received by the Commission on Children and Families; · Two (2) appropriations (#2007056 and #2007058) totaling $170,809,52 for various Education programs and grants; · One (1) appropriation (#2007057) provides $50,000,00 for funding of the Regional Transit Authority Plan from the Board's contingency; · One (1) appropriation (#2007060) in the amount of $18,105.00 for a Police Department grant; and · One (1) appropriation (#2007061) to refund $2,080.66 insurance proceeds to Stony Point Volunteer Fire Company Approved April 4, 2007: · Two (2) appropriations (#2007062 and #2007064) totaling $15,334.00 appropriating proffered funds for the 29N Corridor Study and storm water improvements; and One (1) appropriation (#2007063) provides $22,993.43 for various education programs and grants The twelve (12) new appropriations are as follows: · One (1) appropriation (#2007065) provides $253,683.30 in funds for various Education programs; · Five (5) appropriations (#2007066, #2007067, #2007068, #2007069 and #2007075) totaling $174,276,57 for Social Service grants; · One (1) appropriation (#2007070) provides $18,362,00 in funding for a Department of Criminal Justice Grant for the Commission on Children and Families; · One (1) appropriation (#2007071) providing $7,000.00 in state funds for Police Department overtime relating to the Foxfield Races; · One (1) appropriation (#2007072) transferring unused funds in the amount of $71,121.84 from the Fire Billing Fund to the General Fund; · One (1) appropriation (#2007073) providing $464,788.00 in funds for FY05/06 CSA overexpenditures; · One (1) appropriation (#2007074) for a $5,000.00 donation from the Meriwether Lewis PTO for playground equipment replacement; and · One (1) appropriation (#2007076) totaling $171,841.00 for projects at the Emergency Communications Center, A detailed description of these requests is provided on Attachment A. RECOMMENDATIONS: Staff recommends approval of the FY 2007 Budget Amendment in the amount of $1,305,573.96 after the public hearing, and then approval of Appropriations #2007065, #2007066, #2007067, #2007068, #2007069, #2007070, #2007071, #2007072, #2007073, #2007074, #2007075, and #2007076 to provide funds for various local government, school, and capital projects and programs as described in Attachment A. ATTACHMENTS A - Proposed Appropriations Attachment A Appropriation #2007065 $253.683.30 Revenue Source: Local Revenue (Donations) School Fund Balance $ 200,00 253,483.30 At its meeting on March 22, 2007, the School Board approved the following appropriation requests: Albemarle High School received two donations totaling $200.00. Scott and Donna Vandepol donated $50.00. Gary and Deborah Lam donated $150,00, It has been requested that these donations go towards Albemarle High Softball. Following completion of the FY 2005/06 audit, reappropriation of school carryover funds takes place and portions of building rental funds are returned to schools, Appropriation #2007066 $1.500.00 Revenue Source: Federal Revenue $ 1,500.00 The County along with the City of Charlottesville and Region Ten CSB have entered into an agreement to provide mental and substance abuse services to the Charlottesville/Albemarle area. Under this agreement, federal funding is available for reimbursement of expenses incurred, For the period of June 1,2006 through May 31,2007, the County can be reimbursed for up to $1,500.00 of incidental costs for the Mental Health Worker housed at the agency, Appropriation #2007067 $ 25.127.00 Revenue Source: Federal Revenue $ 25,127.00 The County has received renewed funds from the Federal Government in the form of the Child Care Quality Initiative. These funds will be used in conjunction with the City of Charlottesville Department of Social Services to create a position that will be housed at Albemarle's Department of Social Services that will serve both departments under the grant. The revenues from this grant are 100% federal and no local match. Appropriation #2007068 $ 11.783.85 Revenue Source: Federal Revenue Transfer from General Fund $ 9,786.28 1,997.57 The Americorps Program, which is a continuation of funding provided by the Virginia Community Corps via a federal grant, will serve the Adult Division of Albemarle County Department of Social Services to help achieve the following strategic goals of the agency: Develop and implement strategies focused on prevention and early intervention and ensure that all services meet the need of the changing demographics of the community. Albemarle County has received a grant award of $9,786.28 and will provide the 15% local match, $1,997.57, from existing appropriated funds with the Department of Social Services' operating budget. Appropriation #2007069 $ 68.250.00 Revenue Source: Federal Revenue Transfer from General Fund $ 54,600,00 13,650.00 The Federal Child and Family Services Review (CFSR) assess a state's performance with regard to seven child welfare outcomes pertaining to children's safety, permanency and well-being. The CFSR found Virginia's (and all other states') child welfare program to be substantially out of compliance in several areas. Therefore, the State is required to implement a Program Improvement Plan (PIP). In order to strengthen Virginia's child welfare system and to improve outcomes, the State allocated additional general funds to help implement the PIP, Albemarle County Department of Social Services will use these funds to focus on improving an outcome that has historically fallen short of the Federal standard - to increasing the percentage of children who reunify with their prior custodian within twelve months of entering foster care. The allocation for Albemarle County is $54,600.00 and requires a 20% local match of $13,650.00. The local match will be funded with existing appropriated funds within the Department of Social Services' operating budget. Appropriation #2007070 $ 18.362.00 Revenue Source: Federal Revenue Transfer from CCF $ 16,526.00 1,836,00 The Department of Criminal Justice Services has awarded the Commission on Children and Families a grant in the amount of $16,526.00 with a local match of $1 ,836,00 for a total grant award in the amount of $18,362,00. This grant will provide training and the implementation of promoting greater accountability in the juvenile justice system including the increased accountability for juvenile offenders. Local match monies will be provided from existing appropriated funds in the Commission on Children and Families' budget. Appropriation #2007071 $ 7.000.00 Revenue Source: State Revenue $ 7,000.00 In an agreement with the Virginia Alcohol Beverage Control Board (ABC), the Albemarle County Police Department will be receiving $7,000.00 to assist with overtime associated with the 2007 Foxfield Spring Race. Appropriation #2007072 $ 71.121.84 Revenue Source: Transfer from Fire Billing Fund $ 71,121,84 Prior to FY04/05, the County established a Fire Billing Fund to allocate funding for vehicle fuel and maintenance for the volunteer fire and rescue companies in the County, This fund was supported by an annual transfer from the General Fund and was allocated to fuel and maintenance line items for each volunteer company. In FY04/05, the Board of Supervisors changed the funding mechanism for volunteer fire and rescue companies whereby the operating expenses for companies were funded at 85% in FY05 and 100% in FY06, and the Fire Billing Fund was no longer used. There remains a balance of unused funds in the Fire Billing Fund in the amount of $71,121.84 which is now being transferred back to the General Fund. Appropriation #2007073 $ 464.788.00 Revenue Source: General Fund Balance $464,788,00 Due to increased cost of the CSA Program, the Board approved additional local funds for this program in the amount of $464,788.00 for FY06. Staff, however, failed to actually transfer these funds prior to completion of the FY06 annual financial reports and audit. In order to correct staffs oversight, this request is to reappropriate these funds for FY07 to be transferred to the CSA Program. Appropriation #2007074 $ 5.000.00 Revenue Source: Local Revenue (Donation) $ 5,000.00 The existing playground equipment at Meriwether Lewis Elementary School, which is eighteen years old, is scheduled to be replaced by the Parks & Recreation Department. This project, which is included as a part of the Parks-Maintenance Projects capital budget, includes the removal of the existing equipment, wooden borders and mulch, and replacing them with new equipment, fabric, mulch and plastic borders. The Meriwether Lewis PTO has contributed $5,000.00 towards the cost of this project. Appropriation #2007075 $67.615.72 Revenue Source: Federal Revenue Transfer from General Fund $ 55,448.72 12,167,00 The Department of Justice has awarded the Albemarle County Department of Social Services, a federal Bureau of Justice Assistance Grant in the amount of $55,448,72 with a local match of $12,167,00. This grant will provide funds for a part-time position that will serve as a primary case manager for foster children whose parent(s) are involved in the Family Treatment Court Program and for on-going Child Protective Cases whose parents are involved in the Family Treatment Court Program. The case manager will coordinate substance abuse services through Region Ten, attend weekly Family Treatment Court meetings, as well as monitor and encourage parents' compliance with substance abuse treatment. The local match, $12,167.00, will be funded through existing appropriated funds within the Department of Social Services' budget. Appropriation #2007076 $171.841.00 Revenue Source: State Revenue $171,841.00 At its meeting on March 20, 2007, the Emergency Communications Center Management Board approved the appropriation of $171 ,841.00 from additional funds received from the state's 911 Wireless Board. These funds will be used for the following initiatives: · $20,000.00 to purchase computer hardware, user licenses, and network connections for one prototype remote Call Taker workstation. This workstation will allow ECC to test and evaluate telecommuting options for emergency call taker positions, Telecommuting job options will give us flexibility and alternatives when addressing vacant positions and emergency incident staffing needs, Telecommuting is also a strategy when confronted with pandemic emergencies. · $50,000.00 - The Computer Aided Dispatch and Public Safety Records systems are nearing their end of life, Although the vendors will continue to maintain these systems for a few years longer, they will not provide additional upgrades or enhancements. It takes at least three years to procure and install major new computer systems. Therefore ECC will need to begin system replacement procurement process now. The first step in procuring replacement computer systems is to define the need and investigate our alternatives, · $100,000.00 to expand and update the ECC building security system, The oldest computer system at the ECC is the one that controls building access, The software is no longer supported by the vendor and the hardware is prone to failure, · $1,841.00 - As an all hazards approach to emergency management, the ECC should be prepared to shelter in-place, ECC is often required to increase staffing in inclement weather which is our most common emergency. It can be challenging to feed staff retained beyond their shifts especially if food delivery services and grocery stores close. These funds would be used to purchase Meal Ready to Eat (MRE's). COUNTY OF ALBEMARLE APPROPRIATION APP# DATE BATCH# 2007065 EXPLANATION: Education Donations and Use of Fund Balance School Board Meeting 03/22/07 SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 2 2000 18100 181109 DONATION J 2 200.00 2 2000 51000 510100 APPROP-FUND BALANCE J 2 253,483.30 1 2201 61101 601300 ED & REC SUPPLIES J 1 10,135.00 1 2202 61101 601300 ED & REC SUPPLIES J 1 3,904.00 1 2203 61101 601300 ED & REC SUPPLIES J 1 1,606.00 1 2204 61101 601300 ED & REC SUPPLIES J 1 11,427.80 1 2205 61101 601300 ED & REC SUPPLIES J 1 4,246.40 1 2206 61101 601300 ED & REC SUPPLIES J 1 11,499.00 1 2207 61101 601300 ED & REC SUPPLIES J 1 6,396.00 1 2209 61101 601300 ED & REC SUPPLIES J 1 5,957.00 1 2210 61101 601300 ED & REC SUPPLIES J 1 2,074.00 1 2211 61101 601300 ED & REC SUPPLIES J 1 8,152.00 1 2212 61101 601300 ED & REC SUPPLIES J 1 11,097.80 1 2213 61101 601300 ED & REC SUPPLIES J 1 3,788.00 1 2214 61101 601300 ED & REC SUPPLIES J 1 365.70 1 2215 61101 601300 ED & REC SUPPLIES J 1 8,983.00 1 2216 61101 601300 ED & REC SUPPLIES J 1 33.60 1 2217 61101 601300 ED & REC SUPPLIES J 1 2,649.60 1 2251 61101 601300 ED & REC SUPPLIES J 1 8,300.20 1 2252 61101 601300 ED & REC SUPPLIES J 1 18,091.00 1 2253 61101 601300 ED & REC SUPPLIES J 1 15,750.00 1 2254 61101 601300 ED & REC SUPPLIES J 1 20,494.40 1 2255 61101 601300 ED & REC SUPPLIES J 1 31,325.20 1 2301 61101 601300 ED & REC SUPPLIES J 1 490.40 1 2302 61101 601300 ED & REC SUPPLIES J 1 9,629.20 1 2303 61101 601300 ED & REC SUPPLIES J 1 8,447.00 1 2304 61101 601300 ED & REC SUPPLIES J 1 48,641.00 1 2301 61105 580000 MISCELLANEOUS EXP. J 1 200.00 2000 0501 EST. REVENUE 253,683.30 0701 APPROPRIATION 253,683.30 TOTAL 507,366.60 , 253,683.30 I 253,683.30 PREPARED BY: BD. OF SUPV APPROVAL: ACCT. APPROVAL: ENTERED BY: Melvin Breeden Ella W. Carey DATE: DATE: DATE: DATE: 3/28/2007 5/2/2007 COUNTY OF ALBEMARLE APPROPRIATION APP# DATE BATCH# 2007066 EXPLANATION: Mental Health and Substance Abuse Grant SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 2 1660 33000 330027 Mental Health Substance J 2 1,500.00 1 1660 53014 332104 Maint. Contract - DP J 1 450.00 1 1660 53014 550100 T ravellT raining/Education J 1 250.00 1 1660 53014 520300 Telecommunications J 1 450.00 1 1660 53014 600100 Office Suoolies J 1 350.00 1660 0501 Est. Revenue 1,500.00 0701 Aoorooriation 1,500.00 TOTAL 3,000.00 , 1,500.00 I 1,500.00 PREPARED BY: BD. OF SUPV APPROVAL: ACCT. APPROVAL: ENTERED BY: Melvin Breeden Ella W. Carey DATE: DATE: DATE: DATE: 4/4/2007 5/2/2007 COUNTY OF ALBEMARLE APPROPRIATION APP# DATE BATCH# 2007067 EXPLANATION: Child Care Quality Grant SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 2 1561 33000 330001 Federal Grant Revenue J 2 25,127.00 1 1561 53115 110000 Salaries - Reaular J 1 22,296.33 210000 FICA J 1 1,705.67 312100 Prof. Services - Leaal J 1 1,000.00 600100 Office Supplies J 1 125.00 1561 0501 Est. Revenue 25,127.00 0701 Appropriation 25,127.00 TOTAL 50,254.00 I 25,127.00 I 25,127.00 , PREPARED BY: BD. OF SUPV APPROVAL: ACCT. APPROVAL: ENTERED BY: Melvin Breeden Ella W. Carey DATE: DATE: DATE: DATE: 4/4/2007 5/2/2007 COUNTY OF ALBEMARLE APPROPRIATION APP# DATE BATCH# 2007068 EXPLANATION: Americorps Grant SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 2 1566 33000 330001 Federal Revenue J 2 9,786.28 1 1566 51000 512004 Transfer from G/F J 2 1,997.57 1 1566 53156 110000 Salaries J 1 10,900.00 1 1566 53156 210000 FICA J 1 883.85 1566 0501 Est. Revenue 11,783.85 0701 Aoorooriation 11,783.85 1 1000 53013 570600 ADC - Foster Care J 1 (1,997.57) 1 1000 53013 939999 Transfer to Grants J 1 1,997.57 TOTAL 23,567.70 , 11,783.85 I 11,783.85 PREPARED BY: BD. OF SUPV APPROVAL: ACCT. APPROVAL: ENTERED BY: Melvin Breeden Ella W. Carey DATE: DATE: DATE: DATE: 4/4/2007 5/2/2007 COUNTY OF ALBEMARLE APPROPRIATION APP# DATE BATCH# 2007069 EXPLANATION: Social Services - Child and Family Services Review - Program Improvement SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 2 1568 33000 330020 Administration-Social Serv J 2 54,600.00 2 1568 51000 512004 Trs. Fr. General Fund J 2 13,650.00 1 1568 53013 110000 Salaries - Reaular J 1 39,890.00 1 1568 53013 210000 FICA J 1 3,052.00 1 1568 53013 221000 VRS J 1 5,170.00 1 1568 53013 231000 Health Insurance J 1 5,860.00 1 1568 53013 232000 Dental Insurance J 1 200.00 1 1568 53013 241000 VRS Life J 1 451.00 1 1568 53013 270000 Worker's Comoensation J 1 168.00 1 1568 53013 332104 Maint. Contract - DP EauiD J 1 580.00 1 1568 53013 520100 Postal Services J 1 354.00 1 1568 53013 520300 Telecommunications J 1 625.00 1 1568 53013 540200 Lease/Rent-Buildinas J 1 1,550.00 1 1568 53013 550100 T ravellT rainina/Education J 1 2,500.00 1 1568 53013 600100 Office Supplies J 1 700.00 1 1568 53013 601700 COpy Expenses J 1 650.00 1 1568 53013 800200 Furniture & Fixtures J 1 2,500.00 1 1568 53013 800700 ADP Eauipment J 1 4,000.00 1568 0501 Est. Revenue 68,250.00 0701 Aporooriation 68,250.00 1 1000 53013 570600 ADC - Foster Care J 1 (13,65000) 1 1000 53013 939999 Transfer to Other Funds J 1 13,650.00 TOTAL 136,500.00 I 68,250.00 I 68,250.00 . , PREPARED BY: BD. OF SUPV APPROVAL: ACCT. APPROVAL: ENTERED BY: Melvin Breeden Ella W. Carey DATE: DATE: DATE: DATE: 4/6/2007 5/2/2007 COUNTY OF ALBEMARLE APPROPRIATION APP# DATE BATCH# 2007070 EXPLANATION: CCF Grant - DCJS SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 2 1574 33000 330001 Federal Revenue J 2 16,526.00 2 1574 51000 512001 Transfer from Other Funds J 2 1,836.00 1 1574 53161 11 0000 Salaries J 1 13,355.65 1 1574 53161 210000 FICA J 1 1,106.35 1 1574 53161 550100 TravellTrainin!l J 1 1,750.00 1 1574 53161 800120 EquipmenUMaterials J 1 2,150.00 1574 0501 Est. Revenue 18,362.00 0701 Appropriation 18,362.00 1 4400 54105 110000 CCF - Salaries J 1 (1,836.00) 1 4400 93010 930200 Transfer to Grant Projects J 1 1,836.00 TOTAL 36,724.00 I 18,362,00 J 18,362.00 , . , PREPARED BY: BD. OF SUPV APPROVAL: ACCT. APPROVAL: ENTERED BY: Melvin Breeden Ella W. Carey DATE: DATE: DATE: DATE: 4/6/2007 5/2/2007 COUNTY OF ALBEMARLE APPROPRIATION APP# DATE BATCH# 2007071 EXPLANATION: Police Department Overtime - Foxfield Races SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 2 1000 24000 240501 State Revenue J 2 7.000.00 1 1000 31013 120310 Overtime/Special Events J 1 6.541.00 210000 FICA J 1 459.00 1000 0501 Est. Revenue 7.000.00 0701 Appropritaion 7.000.00 TOTAL 14,000.00 , 7,000.00 I 7,000.00 PREPARED BY: BD. OF SUPV APPROVAL: ACCT. APPROVAL: ENTERED BY: Melvin Breeden Ella W. Carey DATE: DATE: DATE: DATE: 4/6/2007 5/2/2007 COUNTY OF ALBEMARLE APPROPRIATION APP# DATE BATCH# 2007072 EXPLANATION: Transfer from Fire Billing Fund to General Fund SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 2 1802 51000 510100 Appropriation - F/B J 2 71,121.84 1 1802 93010 930009 Transfer to General Fund J 1 71,121.84 2 1000 51000 512000 Transfer fr. Other Funds J 2 71,121.84 2 1000 51000 510100 Appropriation - F/B J 2 (71,121.84) 1802 0501 Est. Revenue 71,121.84 0701 Appropriation 71,121.84 TOTAL 142,243.68 , 71,121.84 I 71,121.84 PREPARED BY: BD. OF SUPV APPROVAL: ACCT. APPROVAL: ENTERED BY: Melvin Breeden Ella W. Carey DATE: DATE: DATE: DATE: 2/16/2007 5/2/2007 COUNTY OF ALBEMARLE APPROPRIATION APP# DATE BATCH# 2007073 EXPLANATION: CSA Overexpenditure SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 2 1000 51000 510100 Appropriation - F/B J 2 464,788.00 1 1000 53013 930206 Transfer to CSA Fund J 1 464,788.00 2 1551 51000 512016 CSA - G/F Transfer J 2 464,788.00 1 1551 53120 999999 Continaencv J 1 464,788.00 1000 0501 Est. Revenue 464,788.00 0701 Appropriation 464,788.00 1551 0501 Est. Revenue 464,788.00 0701 Appropriation 464,788.00 TOTAL 1,859,152.00 I 929,576.00 I 929,576.00 , PREPARED BY: BD. OF SUPV APPROVAL: ACCT. APPROVAL: ENTERED BY: Melvin Breeden Ella W. Carey DATE: DATE: DATE: DATE: 4/10/2007 5/2/2007 COUNTY OF ALBEMARLE APPROPRIATION APP# DATE BATCH# 2007074 EXPLANATION: Donation - Meriwether Lewis PTO SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 2 9010 18110 181128 Donation - MWL PTO J 2 5,000.00 1 9010 71000 800949 Parks - Maintenance J 1 5,000.00 9010 0501 Est. Revenue 5,000.00 0701 Appropriation 5,000.00 TOTAL 10,000.00 . 5,000.00 , 5,000.00 PREPARED BY: BD. OF SUPV APPROVAL: ACCT. APPROVAL: ENTERED BY: Melvin Breeden Ella W. Carey DATE: DATE: DATE: DATE: 4/12/2007 5/2/2007 COUNTY OF ALBEMARLE APPROPRIATION APP# DATE BATCH# 2007075 EXPLANATION: Family Treatment Court Grant SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 2 1562 33000 330029 Federal Revenues J 2 55,448.72 2 1562 51000 512004 Transfer from G/F J 2 12,167.00 1 1562 53158 11 0000 Salaries - Reaular J 1 54,384.33 1 1562 53158 210000 FICA J 1 4,160.31 1 1562 53158 242000 Group Life J 1 430.08 1 1562 53158 332104 Maint. Contract - DP J 1 1,555.00 1 1562 53158 520300 Telecommunications J 1 1,820.00 1 1562 53158 540200 Lease/Rent-Buildinas J 1 2,746.68 1 1562 53158 600100 Office Supplies J 1 1,363.32 1 1562 53158 800700 ADP Eauipment J 1 1,156.00 1562 0501 Est. Revenue 67,615.72 0701 Appropriation 67,615.72 1 1000 53013 570600 ADC - Foster Care J 1 (12,167.00) 1 1000 53013 939999 Transfer to Other Funds J 1 12,167.00 TOTAL 135,231.44 . 67,615.72 , 67,615.72 PREPARED BY: BD. OF SUPV APPROVAL: ACCT. APPROVAL: ENTERED BY: Melvin Breeden Ella W. Carey DATE: DATE: DATE: DATE: 4/12/2007 5/2/2007 COUNTY OF ALBEMARLE APPROPRIATION APP# DATE BATCH# 2007076 EXPLANATION: ECC Initiatives SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 2 4100 24000 240424 State Revenue -911 Wireless J 2 171,841.00 1 4100 31041 331800 ECC-Adm - R/M Buildina J 1 100,000.00 1 4100 31041 800700 ECC-Adm - ADP Eauip J 1 20,000.00 1 4100 31045 600200 ECC-Emera. Svc-Food Suppl J 1 1,841.00 1 4100 31046 312210 ECC Prof. Services J 1 50,000.00 4100 0501 Est. Revenue 171,841.00 0701 Aoorooriation 171,841.00 TOTAL 343,682.00 171,841.00 , 171,841.00 PREPARED BY: BD. OF SUPV APPROVAL: ACCT. APPROVAL: ENTERED BY: Melvin Breeden Ella W. Carey DATE: DATE: DATE: DATE: 4/12/2007 5/2/2007 . . COUNTY OF ALBEMARLE Department of Community Development 40] McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434)296-5832 Fax (434) 972-4012 April 25, 2007 Peter Sheeran Sheeran Architects 226 East High Street Charlottesville, V A 22902 RE: SP 2004-00050, Flow Automotive Companies Sales and Display (Sign #60) Tax Map 78, Parcels 15E and 15D Dear Mr. Sheeran: The Albemarle County Planning Commission, at its meeting on April 17, 2007, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. Vehicles shall not be elevated anywhere on site. 2. Vehicles shall be displayed only in areas indicated for display shown on the site plan entitled "Flow Automotive," prepared by the Collins Engineering, dated April 2, 2007. 3. Display parking shall be only in designated striped parking spaces as identified on this plan. 4. Final site plan approval is subject to ARB approval of the landscape plan (submitted with.the site plan). Landscaping shown on the plan may be required to be in excess of the minimum requirements of ARB guidelines or the Zoning Ordinance to compensate forthe negative visual impact of the proposed use, particularly regarding the retaining wall on the west side of the property. 5. Final site plan approval is subject to the recordation of easements for ingress/egress, as well as the installation, maintenance and use of parking spaces, planter islands, and landscaping on adjacent parcels (Tax Map 78, Parcels 15D and 15E). 6. Final site plan approval is subject to ARB approval of the lighting plan (which shall be submitted with the site plan). Maximum light levels on site shall not exceed 30 foot candles. Maximum spillover lighting requirements must also be met. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on May 2,2007. . If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832. Sheeran Page 2 of2 April 25, 2007 Sincerely, ~~ David Benish Chief of Planning Planning Division DBB/aer Cc: Howie, Gary A 2883 Seminole Trail, Charlottesville, VA 22911 Ella Carey Jack Kelsey . . . COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: SP2004-00050 Flow Auto Staff: David Benish Sales and Display Planning Commission Public Hearing: Board of Supervisors Public Hearing: April 17, 2007 May 2, 2007 Owners: Applicant: Acreage: 1.94 acres Special Use Permit: Sales and Display in the Entrance Corridor (EC) Overlay District (Section 30.6.3.2 (b)) of the Zoning Ordinance TMP: TM 78, Parcels 15D and 15E Existing Zoning and By-right use: HC- Location: 1307-09 and 1313 Richmond Road, Hiqhway Commercial and EC, Entrance south side of Richmond Road (Rt. 250 East), Corridor Overlay District - retail sales and approximately 1060 feet east of Riverbend service uses. Drive. Magisterial District: Rivanna Conditions: Yes Proposal: Expansion of the Flow Volkswagen- Requested # of Dwelling Units: NA Audi-Mazda dealership. Comprehensive Plan Designation: Comprehensive Plan Designation: Regional DA (Development Area): Pantops Service - regional-scale retail, wholesale, business and/or employment centers, and (Neighborhood 3) residential (6.01-34 units/acre). Character of Property: Parcel 15 E (.69 ac.) is Use of Surrounding Properties: The subject not developed and IS being used as a property is surrounded by commercial uses, temporary parking area (old stone structure specifically other car dealerships on either side recently razed). Parcel 15D contains the of this site and across the street (Brown existing Flow Auto dealership. Toyota to the east and Battlefield Ford/Jeep to the north, across Route 250 from this site). Factors Favorable: Factors Unfavorable: 1. Motor vehicle sales use is a by-right There are no unfavorable factors. use in the Highway Commercial District; 2. ARB recommendation for approval (with conditions). 3. There will be no detrimental impacts to the entrance corridor as recommended by ARB. RECOMMENDATION: Staff recommends approval with conditions. SF-' :::U(J4-.Cl:)() IU'J.; /\UIC:' ~l.~-.!!f::~-) eJI-IU F'C 4/17/C7 BC)S 5/02/(}T 2 SP 2004050 Flow .A.uta Sales al id Display PC 4/17107 BOS 5/02/07 . . . STAFF PERSON: PLANNING COMMISSION DATE: BOARD OF SUPERVISORS DATE: David Benish April 17, 2007 May 2, 2007 UPDATE: Attachment B has been revised to correct a typographical error in the parking calculations found on the version reviewed by the Planning Commission. Consequently, Condition 2 has been modified to reflect the date of the revised version of the site plan (Attachment B). SP 2004-00050 Flow Automotive, Volkswagen, Audi, Mazda PETITION: PROJECT: SP 2004-50, Flow Automotive, Volkswagen-Audi-Mazda PROPOSAL: Special Use Permit (SP) to allow sales and display area associated with a proposal to expand the existing Flow Auto dealership, including modifications to the existing building and outside display, and the construction of a new auto dealership/showroom building with new outdoor display area. A total of 46 outdoor vehicle display spaces are provided on the combined sites. The existing Flow Auto building will be expanded and some reconfiguration of the outside vehicle sales/display will take place. On the adjacent site, a new dealership/showroom building and new outdoor vehicle sales/display area will be constructed. When completed, the sites will function as one dealership (Flow Auto). ZONING CATEGORY/GENERAL USAGE: HC, Hiqhwav Commercial- Motor Vehicle Sales, Service and Rental; and EC, Entrance Corridor Overlav District - Outdoor Sales and Display and/or Sales. SECTION: 24.2.1 (25) and 30.6.3.2 (b) COMPREHENSIVE PLAN LAND USE/DENSITY: Reqional Service - regional-scale retail, wholesale, business and/or employment centers, and residential (6.01-34 units/acre) in Neighborhood 3 (Pantops) Development Area. ENTRANCE CORRIDOR: Yes LOCATION: South side of Richmond Road (Route 250), approximately 1060 feet east of its intersection with Riverbend Road. TAX MAP/PARCEL: TMP 78-58D and 58E MAGISTERIAL DISTRICT: Rivanna Magisterial District. CHARACTER OF THE AREA The area consists primarily of retail uses, with this immediate stretch of Richmond Road consisting of auto dealerships. The subject parcel is located on the south side of Route 250 East, adjacent to the Brown Toyota dealership (to the east) and across the street from Battlefield Ford (See Attachment A for a location map). To the west is the site is the Crown BMW dealership. The ACSA headquarters and equipment storage is to the south of the site. One of the two parcels associated with this request contains the existing Flow Auto dealership. The second adjacent Parcel is currently vacant but has been cleared and previously graded. A stone house 3 :::>F' .20C.J{f-()5CJ FieJ"\! ,i,l.ltu Salet:: (~II'lcl Displav PC 4/": HC;3 5/()2/Ci- was located on the parcel for many years. The house was recently demolished and debris removed from the site (within the last 2 years). SPECIFICS OF THE PROPOSAL The intent of the special use permit requirement is to review the potential impacts to the Entrance Corridor of the outdoor sales and display activity related to the dealership operation. Other activities related to auto sales are considered by-right uses. The ARB has reviewed this proposal for its impact on the Route 250 East Entrance Corridor and had no objection to the request for the Special Use Permit with a condition related to landscaping. PLANNING AND ZONING HISTORY No prior planning/zoning history exists for the adjacent site. CONFORMITY WITH THE COMPREHENSIVE PLAN Land Use Plan- The property is located in Pantops Development Area (Neighborhood 3), and is designated Regional Service in the current Land Use Plan. The purpose/intent of the Regional Service designation noted in the Plan is to provide locations for highway related uses, comparison shopping and specialized goods and services. Typical primary uses include regional-scale commercial uses, and auto dealerships which typically include outdoor storage and display of vehicles for sale. Neighborhood Model- The ordinance limits the review of this Special Use Permit specifically to the impacts of the sales and display activities to the Entrance Corridor. Therefore, this request is not reviewed in regards to conformity to the Neighborhood Model. STAFF COMMENT Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance as follows: 31.2.4.1: Special Use Permits provided for in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, and that the character of the district will not be changed thereby, The subject parcel is located in the HC zoning district. The dominant character of the segment of the Entrance Corridor in which the subject parcel resides is that of a dense commercial strip. Many of the properties in this corridor have already been developed as automobile dealerships with outdoor storage and display (as described above under "Character of the Area"). The proposed use is compatible with other existing auto dealers in the immediate vicinity. that such use will be in harmony with the purpose and intent of this ordinance, According to section 30.6 of the Zoning Ordinance, the intent of the EC Overlay District is, in part, to ensure a quality of development that is compatible with the county's important scenic, architectural and 4 SF' 2004-05G Fiow J\ulo Sd!(~S allel Display F'e 4/17/07 80S 5102107 . . . cultural resources through the architectural control of development. The ARB has applied the County's adopted guidelines for development within the EC to the review of this request and has recommended approval with conditions. with uses permitted by-right in the district, Although a special use permit is required for the proposed modifications/additions to the outdoor sales and display areas on these sites, this activity (sales/display area) is for an accessory use to motor vehicle sales, which is already allowed by right within the Highway Commercial (HC) zoning district. Other automobile dealerships exist in the immediate vicinity, Therefore, the sales and display use is compatible with other permitted and existing uses, with the additional regulations provided in section 5.0 of this ordinance, There are no additional regulations provided in section 5.0 of this ordinance related to vehicle storage or display. SUMMARY The intent of the special use permit requirement is based on potential impacts to the Entrance Corridors. The ARB has reviewed this proposal for its impact on the Route 250 East Entrance Corridor and had no objection to the request for the Special Use Permit provided the site is adequately landscaped and operated consistent the conditions recommended by the ARB (Attachment C). Staff has identified the following factors that are favorable to this request: 1. A motor vehicle sales use is a by-right use in the Highway Commercial District and the proposed use is accessory to that use; 2. The Architectural Review Board has reviewed the request for outdoor storage and display and recommends approval with conditions. 3. There are no detrimental impacts to the Entrance Corridor, with conditions as recommended by the ARB. Staff has identified no unfavorable factors to this application. The following factors are relevant to this consideration: 1. There are several automobile dealerships with outdoor sales/display of vehicles in the immediate vicinity along the Route 250 East Entrance Corridor. RECOMMENDED ACTION: Based on the findings contained in this staff report, Staff recommends approval of this special use permit with the following conditions: J SF; l_C)04-()~)C ~ lovv' AL!lO Sd!l~.':_ df ld PC "i/'17/Oi' E-;O S 5/02/07 1. Vehicles shall not be elevated anywhere on site. 2. Vehicles shall be displayed only in areas indicated for display shown on the site plan entitled "Flow Automotive," prepared by the Collins Engineering, dated April 18, 2007. 3. Display parking shall be only in designated striped parking spaces as identified on this plan. 4. Final site plan approval is subject to ARB approval of the landscape plan (submitted with the site plan). Landscaping shown on the plan may be required to be in excess of the minimum requirements of ARB guidelines or the Zoning Ordinance to compensate for the negative visual impact of the proposed use, particularly regarding the retaining wall on the west side of the property. 5. Final site plan approval is subject to the recordation of easements for ingress/egress, as well as the installation, maintenance and use of parking spaces, planter islands, and landscaping on adjacent parcels (Tax Map 78, Parcels 150 and 15E). 6. Final site plan approval is subject to ARB approval of the lighting plan (which shall be submitted with the site plan). Maximum light levels on site shall not exceed 30 foot candles. Maximum spillover lighting requirements must also be met. ATTACHMENTS A. Location Map B. Flow Automotive Volkswagen, Audi, Mazda Special Use Permit Concept Plan (Sept. 27, 2006) C. ARB conditions of approval 6 SP 2004-050 Flow Aulo Sales and Display PC 4/17/07 BOS 5/02/07 061 ::.- 062 2.268 063 78-57 31A1 31A SX U E 79-7A 78-22 ./u i ) / .<' 92-16 '/ \ I / 092 .--- Scale BOO 1.600 2,400 Albemarle County Tax Map: 078 ~r Feel Note: This map is for display purposes only and shows parcels as of 12/31/2005 See Map Book Introduction tor additional details. Attachment A . . . Attachment C COUNTY OF ALBEMARLE Department of Community Development 401 Mcintire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 April 9, 2007 Fax (434) 972-4012 Sheeran Architects 226 East High Street Charlottesville, VA 22902 RE: ARB-2007 -21: Flow Building Addition and ARB-2006-60 Flow Volkswagen & Audi Dealership- Advisory Review for a Special Use Permit (parcels 150 and 15E) and Final Review of a Building Design and Site Development Plan (parcel 150) - Tax Map 78 Dear Mr. Sheeran: The Albemarle County Architectural Review Board, at its meeting on March 19, 2007, completed a preliminary review of the above-noted request. The Board took the following actions. Reqardinq the Proposed Special Use Permit Request, the Board by a vote of 4:0, forwarded the following recommendation to the Planning Commission: The ARB has no objection to the request for the Special Use Permit on parcels 150 and 15E, with the following conditions: 1. Final site plan approval is subject to ARB approval of the landscape plan (submitted with the site plan). Landscaping shown on the plan may be required to be in excess of the minimum requirements of ARB guidelines or the Zoning Ordinance to compensate for the negative visual impact of the proposed use, particularly regarding the retaining wall on the west side of parcel 15E and display parking spaces located along the EC on both sites. 2. Final site plan approval is subject to ARB approval of the lighting plan (which shall be submitted with the site plan). Maximum light levels on site shall not exceed 30 footcandles. Maximum spillover lighting requirements must also be met. 3. Vehicles shall not be elevated anywhere on site. Vehicles shall be displayed only in areas indicated for display shown on the plan sheet S-1 entitled "Flow Automotive Site Plan" dated 12-11-06 by Collins Engineering. Display parking shall be only in designated striped parking spaces as identified on this plan. Reqardinq the Buildinq Desiqn and Site Development Plan, the Board approved the Certificate of Appropriateness for ARB-2007-21, Flow Building Addition and ARB-2006-060, Flow Volkswagon & Audi Dealership, for parcels 150 and 15E, subject to the following conditions: 1. Provide a row of evergreen shrubs, 24" high minimum at planting, along the EC frontage of both sites (parcels 150 and 15E). The shrubs species and spacing shall be sufficient to create a hedge. Include the following note on the plan: "All site plantings of trees and shrubs shall be allowed to reach, and be maintained at, mature height; the topping of trees is prohibited. Shrubs and trees shall be pruned minimally and only to support the overall health of the plant." 2. Revise the landscape legend and all plant notations so that they are legible. Revise the landscape plan so the retaining wall on 15E and the surrounding area are legible. 3. Revise the photometric plan to reduce spillover to meet ordinance requirements. Spillover shall not exceed .5 footcandles at the property line along Route 250. Clearly show on the plan the light level at the property line. 4. Coordinate the wall light locations between lighting plan and architectural elevations and check the mounting height. Include in the luminaire schedule the proposed color/finish for all proposed fixtures. Coordinate light fixtures with utilities and tree locations. 5. Coordinate pole lighUbase information. Coordinate wall light locations between plans and elevations. Add wall lights to the architectural elevations. 6. Revise the photometric plan using a maintenance factor (LLF) of 1.0. Indicate on the photometric plan that the light levels were calculated using a maintenance factor of 1.0. Revise the lighting plan to maintain maximum fc below 30. 7. Revise the plan to clearly show the revised location of the access easement. 8. Provide for review complete information on the proposed wall and freestanding signs. Note: The freestanding sign location is provided for information only. Its location will not be approved with the site plan. Freestanding sign locations are approved with sign permits. Both the freestanding sign and wall sign will require sign permits in addition to ARB approval. 9. Note on the plan that the equipment on both the east and west sides of the existing building will be relocated to the back of the building, out of view of the EC. Add the following note to the architectural elevations that accompany the building permit application and the plans submitted for site plan approval: "Equipment shall not be visible from the Entrance Corridor". 10. All outstanding conditions of approval on ARB-2006-60 still apply. 11. Revise the plan to include the tree protection and tree removal/replacement notes shown on the July 24, 2006 Cox & Co. Exhibit C drawing previously presented to the ARB for review. 12. The Witch Hazel plant shall be replaced with an alternate tree, for example, a Crepe Myrtle. To complete the review process for the architecture and site plan issues, please provide: 1. Two full sets of revised drawings addressing each condition 1-12. Include updated ARB revision dates on each drawing. 2. A memo including detailed responses indicating how each condition has been satisfied. If changes other than those requested have been made, identify those changes in the memo also. Highlighting the changes in the drawing with "clouding" or by other means will facilitate review and approval. 3. The attached "Revised Application Submittal" form. This form must be returned with your revisions to ensure proper tracking and distribution. When staff's review of this information indicates that all conditions of approval have been met, a Certificate of Appropriateness may be issued. If you have any questions concerning any of the above, please feel free to call me. Sincerely, Margaret M. Maliszewski Design Planner Planning Division MMM/aer Cc: Linkous, Janice S 2205 Shepherds Ridge Rd, Charlottesville, VA 22901 SP-2004-005 File ARB-2007-21 File ARB-2006-60 File ~ .,. :: QJ S .::: ("I ~ .,. .,. --< II !il' l'J ct U) ." 1:5 is ~ ~ ~ f'4 fli + ~ ~ Bi ct a U) '" l'J . ~ ~~ '" ~s + Vli' YI ~g l'J !i;!~13~ i~~ftj ii!U)llj~ m~~~ ~",O'D ;!:U)"" ~~"~ E~~ II~ 1l;ot!~13'" -. Ii .ullj ~'" 5r~). 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T 0. i I - ID1lD l~ I I~ i" ~! i B@ I ~~!i2In ~~ I 3 ~~ 11+~"\ltlj ~~~ I. ~,i~ - \ IX ", I \ 1\ \ \ t- ci~ 01"'1 ~"'8 ~. --- .----.....- 18~ so co'" 6~ "'('5 ~Cl .... Q", i2" (f) Vi ,Jl1+9.3.q.3 / ' ---- w ffi~..-:~ I I I I.":' ~~ t-~ 0'" ~~ Albemarle County Planning Commission February 20, 2007 The Albemarle County Planning Commission held a meeting, work session and a public hearing on Tuesday, February 20 2007, at 6:00 p.m., at the County Office Building Auditorium, Second Floor, 401 Mcintire Road, Charlottesville, Virginia. Members attending were Eric Strucko, Calvin Morris, Vice- Chairman; Jon Cannon, Marcia Joseph, Chairman; Bill Edgerton and Duane Zobrist. Absent was Pete Craddock. Julia Monteith, Senior Land Use Planner for the University of Virginia, representative for David J. Neuman, FAIA, Architect for University of Virginia was present. Other officials present were Wayne Cilimberg, Planning Director; Amelia McCulley, Director of Zoning & Current Development/Zoning Administrator; Brenda Neitz, Budget Analyst and Melvin Breeden, Director, of the Office of Management and Budget; Patrick Lawrence, Planner; Rebecca Ragsdale, Senior Planner; Summer Frederick, Senior Planner; Sean Dougherty, Senior Planner; David E. Pennock, Senior Planner; Scott Clark, Senior Planner; Judy Wiegand, Senior Planner 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. Item Requesting Deferral: SP 2004-00050 Flow Automotive Companies (Sian #60) Request for special use permit to allow outdoor display in accordance with Section 30.6.3.2 (b) of the Zoning Ordinance which allows for outdoor display and/or sales in the EC Entrance Corridor zoning overlay district. The property, described as Tax Map 78, Parcel 15E contains .69 acres and is located in the Rivanna Magisterial District on the south side of Route 250E, at 1313 Richmond Road. The property is zoned HC, Highway Commercial and EC, Entrance Corridor. The Comprehensive Plan designates this property as Regional Service in the Neighborhood 3 (Pantops) Development Area. (David Benish) APPLICANT REQUESTS DEFERRAL TO THE APRIL 10, 2007 PLANNING COMMISSION MEETING. Ms. Joseph noted that the applicant has requested deferral of SP-2004-00050, Flow Automotive Companies to April 10. She opened the public hearing and asked if there was any public comment. There being none, the public hearing was closed to bring the matter before the Commission. Motion: Mr. Morris moved, Mr. Cannon seconded, to approve the applicant's request for deferral of SP- 2004-00050, Flow Automotive Companies, to April 10, 2007. The motion passed by a vote of 6:0. (Mr. Craddock was absent.) Ms. Joseph stated that SP-2004-00050, Flow Automotive Companies, was deferred to April 10, 2007. (Recorded and transcribed by Sharon Claytor Taylor, Recording Secretary.) ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 20, 2007 DRAFT MINUTES - PARTIAL ON SP-2004-00050 Flow Automotive Companies SP 2004-00050. Flow Automotive Companies Sales and Displav (Sian #60) PROPOSED: Expansion of the Flow Volkswagen-Audi-Mazda dealership, including outdoor display and sale of automobiles in the Entrance Corridor. ZONING CATEGORY/GENERAL USAGE: HC - Highway Commercial - commercial and seNice uses and residential use by Special Use Permit (15 units/acre); EC Entrance Corridor Overlay District - overlay to protect properties of historic, architectural or cultural significance from visual impacts of development along routes of tourist access. SECTION: 30.6.3.2 (b) which allows for outdoor storage, display and lor sales visible from an EC street in the EC Entrance Corridor zoning overlay district. COMPREHENSIVE PLAN LAND USEIDENSITY: Regional SeNice - regional-scale retail, wholesale, business and/or employment centers, and residential (6.01-34 units/acre). ENTRANCE CORRIDOR: Yes. LOCATION: 1307-09 and 1313 Richmond Road, south side of Route 250 East, approximately 1060' east of Riverbend Drive. TAX MAP/PARCEL: 78/15E and 78/150. MAGISTERIAL DISTRICT: Rivanna. STAFF: David Benish Mr. Benish summarized the staff report. . This is a request for a special use permit to allow for sales and display associated with a proposal to expand the existing Flow Auto Dealership. The existing Flow Auto Building is being expanded in some reconfiguration of the outside vehicle sales and display area. . On the adjacent parcel it is currently vacant, but a new dealership show room building is being constructed with new sales and display on that site. There use to be a stone resident on the adjacent site, which was demolished about two years ago. The site is rough cleared. It has some gravel and is used as temporary parking. . The intent of the special use permit requirement is to review the potential impacts of the Entrance Corridor for outdoor sales and display activity related to the dealership operation. Other activities related to the auto sales is considered a by right use. The ARB has reviewed the proposal and its impacts with the Route 250 Entrance Corridor and has not objections. The ARB has provided some conditions, which have been reflected in the conditions for the special use permit. As a general rule both the ARB staff, Planning staff and the ARB feel that overall the proposed improvements on this site improve the conditions that are currently there at this time, particularly for the existing auto dealership. · The report indicated that there is no planning or zoning history on this site. Obviously, there was development on this site at some point in time. There was a site plan approval that took place in the early 70's. There is no information at that time. But, technically there was a site plan approved. · Factors Favorable: 1. Motor vehicle sales use is a by-right use in the Highway Commercial District; 2. ARB recommendation for approval (with conditions). There will be no detrimental impacts to the entrance corridor as recommended by ARB. ALBEMARLE COUNTY PLANNING COMMISSION - APRIL 17,2007 PARTIAL DRAFT MINUTES - SP-2007-09 LITTLE KESWICK SCHOOL AMENDMENT AND SP-2004-050 FLOW AUTOMOTIVE COMPANIES SALES AND DISPLAY 5 . Staff found that no unfavorable factors to the sales and display request. . Staff recommends approval with the six conditions as provided. Condition 2 should be corrected to April 2 from April 4. Mr. Edgerton asked when the request was reviewed by the ARB. He questioned why the ARB's conditions were not attached. Mr. Benish replied that the ARB reviewed the request on March 19. He passed out copies of the ARB's action memo. Ms. Joseph noted that the reason for the special use permit is because the site is in the Entrance Corridor and the use requested was outdoor sales and display. Mr. Benish noted that the auto dealership use is a by right use. The review is primarily the impact of the display area. There are 21 display parking spaces on the site to the west, which is the new building. On the existing site there are 25 display parking spaces. Ms. Joseph noted that they were putting in a new lane in the front of the site. Mr. Benish said that as a general rule the frontage treatment is a vast improvement over what is there particularly on the new site. The enlarged structure and the new building actually provide a little bit of enclosure for that site enough though it has parking in front of it. There is a large retaining wall. It is actually integrated into the building. The retaining wall and the building itself arguably is the by right aspect of it. What the Commission is primarily looking at is the visibility. But, the ARB did comment on the retaining wall and construction and is comfortable with the design. He noted that there is actually a ravine there. The Crown dealership is also built up, which has a small retaining wall. This would be more of view that would be seen from down in the drainage area. The adjacent development actually obscures some of the height of the retaining wall. There being no further questions for staff, Ms. Joseph opened the public hearing and invited the applicant to address the Commission. There being no one representing the applicant, she noted that the Commission could still act on the request. She invited other public comment. There being none, the public hearing was closed and the matter before the Commission. Mr. Kamptner noted that there was one correction in condition 2 to change the date to April 2. Motion: Mr. Edgerton moved, Mr. Craddock seconded, for approval of SP-2004-00050, Flow Automotive Companies Sales and Display subject to the conditions recommended by staff, as amended. 1. Vehicles shall not be elevated anywhere on site. 2. Vehicles shall be displayed only in areas indicated for display shown on the site plan entitled "Flow Automotive," prepared by the Collins Engineering, dated April 2, 2007. 3. Display parking shall be only in designated striped parking spaces as identified on this plan. 4. Final site plan approval is subject to ARB approval of the landscape plan (submitted with the site plan). Landscaping shown on the plan may be required to be in excess of the minimum requirements of ARB guidelines or the Zoning Ordinance to compensate forthe ALBEMARLE COUNTY PLANNING COMMISSION - APRIL 17,2007 PARTIAL DRAFT MINUTES - SP-2007-09 LITTLE KESWICK SCHOOL AMENDMENT AND SP-2004-050 FLOW AUTOMOTIVE COMPANIES SALES AND DISPLAY 6 negative visual impact of the proposed use, particularly regarding the retaining wall on the west side of the property. 5. Final site plan approval is subject to the recordation of easements for ingress/egress, as well as the installation, maintenance and use of parking spaces, planter islands, and landscaping on adjacent parcels (Tax Map 78, Parcels 150 and 15E). 6. Final site plan approval is subject to ARB approval of the lighting plan (which shall be submitted with the site plan). Maximum light levels on site shall not exceed 30 foot candles. Maximum spillover lighting requirements must also be met. The motion passed by a vote of 6:0. (Mr. Morris was absent.) Ms. Joseph stated that SP-2004-050, Flow Automotive Companies Sales and Display would go before the Board of Supervisors on May 2, 2007 with a recommendation for approval. (Recorded and transcribed by Sharon Claytor Taylor, Recording Secretary.) ALBEMARLE COUNTY PLANNING COMMISSION - APRIL 17, 2007 PARTIAL DRAFT MINUTES - SP-2007-09 LITTLE KESWICK SCHOOL AMENDMENT AND SP-2004-050 FLOW AUTOMOTIVE COMPANIES SALES AND DISPLAY 7 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SP 2007-09 Little Keswick School Amendment AGENDA DATE: May 2, 2007 ACTION: x INFORMATION: SUBJECT/PROPOSAL/REQUEST: Planning Commission added conditions for screening landscaping CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACTlS): Cilimberg, McDowell ATTACHMENTS: YES REVIEWED BY: Cilimberg LEGAL REVIEW: No BACKGROUND: The Planning Commission held a public hearing for this project on April 17, 2007. In response to a concern from a neighbor (TMP 80-114A) adjacent to the proposed new dorm regarding noise and visual impacts that may result from the dorm's presence, the Planning Commission directed staff to draft a condition(s) of approval to address landscape materials for screening the portions of school property from the neighbor. DISCUSSION: On April 20, staff met with the applicant and Mr. and Mrs. Rintel to discuss the type and extent of the screening. An agreement between both parties was submitted on Tuesday, April 24, 2007 (Attachment A). Two conditions of approval (number 5 and 6 below) include the substance of this agreement. However, the agreement describes an area to receive screening (Area 2 on the agreement) that will be planted on the adjacent neighbor's property, due to the lack of available space between the existing gym building and the fence. This screening will reduce visibility of the gym to the neighbor's house and guesthouse/office. Since the County typicall does not impose special use conditions on adjacent properties, the terms of this portion of the agreement were not included in these additional conditions. RECOMMENDATION: Staff believes conditions 5. and 6. below, in addition to staffs four original conditions contained in its staff report, address the Planning Commission's direction and, therefore, recommend approval with the following conditions: 1. Special Use Permit 2006 132007-09 shall be limited to the construction use of a maximum two-story ~ Qa! residential facility the "New Dorm" for students enrolled in the Little Keswick School and for the conversion of the existing "Barn Dorm" to non-residential uses, such as office, recreational, storage, meeting area, or other similar uses. The "New Dorm" shall be located and developed in general accord with the concept plan, titled, "Little Keswick School, Concept Plan" (Attachment A.) aAd dated June 22,2006 February 16. 2007 (last revision date) (the "Concept Plan"). However, the Zoning Administrator may approve revisions to the 2 .Q.oncep! ~ Elan to allow compliance with the Zoning Ordinance. 2. Maximum enrollment of students shall be limited to thirty-five (35). Any increase in enrollment shall require an amendment to this special use permit and may require entrance improvements subject to Virginia Department of Transportation requirements. 3. The existing dorm, labeled "Barn Dorm" on the concept plan (Attachment A) shall be subject to review by the Building Official prior to conversion of the existing use to any other use. 4. Construction shall commence within five (5) years of the date of approval of the special use permit SP 2006 ~ SP 2007-09. 5. Alono the shared property line of Tax Map 80-118 and TMP 80-114A (the adiacent neiqhbor). between the soccer field and the fence. a plantino material screen of approximately 124 feet in lenQth and 17 feet in width shall be established and maintained on TMP 80-118. The plantinq materials shall consist of a minimum of 17 Leyland Cypress. each a minimum of 8 feet in heiqht. and shall be planted approximately 6 feet on center. 6. Alono the shared property line of Tax Map 80-110, TMP 80-110A and TMP 80-114A (the adiacent neiohbor). a plant material screen of approximately 340 feet in lenoth and 40 feet in width between the existino qym buildino and TMP 80-11 OA shall be established and maintained on TMP 80-110 and a portion of TMP 80- 110A. Startino at the qym and proceedino toward TMP 80-110A. the first 260 feet in lenoth shall be planted with a minimum of 45 Juniperus Viroiniana, each a minimum of 8 feet in heioht. and shall be planted approximately 6 feet on center. The remainino 80 feet in lenoth shall be planted with a minimum of 13 Leyland Cypress. each a minimum of 6 feet in heioht. and shall be planted approximately 6 feet on center. ATTACHMENTS: Attachment A - Screening Conditions Agreement SP-2007 -009, dated April 23, 2007 . . . Screenino- ('onditions ~~green]ent SP 2007-009 ~ - As Cl condition of SP 20()7-00C), Littlt Kes\vicL School - Amendment. LKS Enterprises, LLC and .1 onathan and Patricia Rintels mutually agree 10 the follo\ving regarding screening along their shared propel1-y lines: AREA # 1 - Tax Map 80-1] 8 Along the shared property line of Tax Map 80-118 and Rintels ' property, to screen the Little Kes,;vick School (LKS) soccer field, LKS shall plant and maintain 17 Leyland Cypress at a minimum of 8 feet tall and approximately 6 feet on center. Planting to be in the grassy area approximatel)' 124 feet in length and 17 feet ,vide between Rintels' fence and the LKS soccer field drivevlay. At the time of planting, should Rintels request it, LKS agrees to take dO'vvn 1 existing white pine tree at its expense that is presently leaning and may not survive. AREA # 2 - Tax Map 80-110A2 Along the shared property line directly behind the LKS gymnasium (metal building), along the length of building structure, LKS shall plant at mutually agreed locations 5 \Vhite Pines, 14 feet tall minimum, to fill gaps and open areas in the existing gymnasium vegetative screening. Due to lack of room on LKS side ofthis boundary, Area #2 planting will be on the Rintels' propeliy. LKS agrees to maintain these trees based on the walTanty of the nursery/planting company time period, or two years, ,vhichever is longer. Beyond that period, LKS ,vi 11 not be held responsible to replace Area #2 screen if it fails to serve its purpose for any reason. Attachment A AREA # 3 - Tax Map 80-110A and 80-110 Starting from the corner of the LKS gymnasium near the existing fence gate and continuing in the direction of the old Keswick train depot to adjoin Fir trees now growing between the LKS driveway and existing fence, planting area for screening new dormitory structure and existing driveway/buildings will be approximately 340 feet long and 40 feet wide. Starting from the gym, the first 260 feet will be planted with 45 Juniperus Virginiana at a minimum of 8 feet tall and approximately 6 feet on center. The remaining 80 feet will be planted with 13 Leyland Cypress at a minimum of 6 feet high, approximately 6 feet on center. LKS will remove existing gate and fence section near the gym and replace it with fencing to co-exist with existing fencing or three board section, as parties will mutually agree. LKS agrees to maintain screen in all areas described as a condition of SP 2007-009, with the specific exception of Area # 2, as described above. All above work to be completed by November 1, 2007. Agreed to and signed on April 23, 2007, For Little Keswick School and Little Keswick School Enterprises, LLC .....,./y "- a 1-....- {.. /. ' . Lr. lr ~.L.' /,_,01 A , '\c~LA.'v;~ 'v ~L,,""""" v v Robert A. Wilson LK:;;:e:;es, LLC / wJfk#& ! onathan Rintels 7; .",.1/ "'\ C LJ ""L,;tz lu utA~ Elizabeth Wilson LKS Enterprises, LLC ;42%;~~~1 Patricia Rintels '-J 2 . . . COUNTY OF ALBEMARLE Department of Community Development 40] Mcintire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434)296-5832 Fax (434) 972-40]2 April 25, 2007 John Grady 2575 Dudley Mountain Road North Garden, V A 22959 RE: SP 2007-00009, Little Keswick School- Amendment (Signs #101, 102) Tax Map 80, Parcels 110, 11 OA, 11 OA2, 112, 117 A, 118, 119 Dear Mr. Grady: The Albemarle County Planning Commission, at its meeting on April 17, 2007, unanimously recommended approval ofthe above-noted petition to the Board of Supervisors, subject to the following conditions (includes SP 06-13, as approved, with strikethroughs to delete reference to exact size and underlines for new information). I. Special Use Permit 2006 132007-09 shall be limited to the construction use ofa maximum two-story 15' by 95' residential facility the "New Dorm" for students enrolled in the Little Keswick School and for the conversion of the existing "Barn Dorm" to non-residential uses, such as office, recreational, storage, meeting area, or other similar uses. The "New Dorm" shall be located and developed in general accord with the concept plan, titled, "Little Keswick School, Concept Plan" (Attachment A.) aHtl dated June 22, 2006 February 16, 2007 (last revision date) (the "Concept Plan"), However, the Zoning Administrator may approve revisions to the ~ ~oncep! P Elan to allow compliance with the Zoning Ordinance. 2. Maximum enrollment of students shall be limited to thirty-five (35). Any increase in enrollment shall require an amendment to this special use permit and may require entrance improvements subject to Virginia Department of Transportation requirements. 3. The existing dorm, labeled "Barn Dorm" on the concept plan (Attachment A) shall be subject to review by the Building Official prior to conversion of the existing use to any other use. 4. Construction shall commence within five (5) years of the date of approval of the special use ~ SP 2006 0]3 SP 2007-09. 5. Along the shared property line of Tax Map 80-118 and TMP 80-114A (the adjacent neighbor), between the soccer field and the fence, a planting material screen of approximately 124 feet in length and ] 7 feet in width shall be established and maintained on TMP 80-11 8. The planting materials shall consist of a minimum of] 7 Leyland Cypress, each a minimum of 8 feet in height, and shall be planted approximately 6 feet on center. 6. Along the shared property line of Tax Map 80-1 ]0, TMP 80-110 and TMP 80-114A (the adjacent neighbor), a plant material screen of approximately 340 feet in length and 40 feet in Grady Page 2 of2 April 25, 2007 width between the existing gym building and TMP 80-116A shall be established and maintained on TMP 80-110 and a portion ofTMP 80-11 OA. Starting at the gym, the first 260 feet in length shall be planted with a minimum of 45 Juniperus Virginiana, each a minimum of 8 feet in height, and shall be planted approximately 6 feet on center. The remaining 80 feet in length shall be planted with a minimum of 13 Leyland Cypress, each a minimum of 6 feet in height, and shall be planted approximately 6 feet on center. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on May 2, 2007. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832. Sincerely, ~~~I~~ Principal Planner for the Rural Areas Planning Division JM/aer Cc: LKS Enterprises LLC POBox 24, Keswick V A 22947 Ella Carey Jack Kelsey e . . COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: SP 2007-09 Little Keswick Staff: Joan McDowell School Amendment Planning Commission Public Hearing: Board of Supervisors Public Hearing: April 17, 2007 May 2, 2007 Ownerls: LKS Enterprises LLC Applicant: LKS Enterprises LLC Acreage: 21.05 acres Special Use Permit: Zoning Ordinance Section 10.2.2 (5) Private Schools TMP: 80-110, 110A, 110A2, 112, 117A, 118, Existing Zoning and By-right use: 119 RA Rural Areas: agricultural, forestal, and Location: 500 Little Keswick Lane fishery uses; residential density (0.5 unit/acre) Magisterial District: Conditions: Yes RA: Rural Areas 2 Requested # of Dwelling Units: N/A Proposal: Amend SP 06-13 to increase the Comprehensive Plan Designation: footprint size of the New Dorm from 45' X 90' RA - Rural Areas: preserve and to 56'8" X 100'. No additional students or protect agricultural, forestal, open staff would result. space, and natural, historic and scenic resources/ density (.5 unit/ acre) Character of Property: Private school with Use of Surrounding Properties: one and two story buildings, sports fields, and Agricultural, commercial, residential open spaces Factor Favorable: 1. The proposed square Factor Unfavorable: footage increase would not increase traffic. 2. None The increase in square footage would not adversely impact visibility from neighboring properties. RECOMMENDATION: Staff recommends approval of this Special Use Permit, with conditions. SP 07 09 Little Keswick School Amendment Page 1 Petition: PROJECT: Special Use Permit 2007-09 Little Keswick School Amendment PROPOSED: Amend SP 06-13 to increase the size of the New Dorm from 45' X 90' to 56'8" X 100'. No additional students or staff would result. ZONING CATEGORY/GENERAL USAGE: Rural Areas - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (.5 unit! acre) SECTION: 10.2.2(5) Private School COMPREHENSIVE PLAN LAND USE/DENSITY: RA -- Rural Areas: agricultural, forestal, and fishery uses; residential density (0.5 unit/acre) ENTRANCE CORRIDOR: Yes_No_X_ LOCATION: 505 Little Keswick Lane; Rt. 731 1/10th of a mile SE of Rt. 22 TAX MAP/PARCEL: TM 80 Parcels 110, 110A, 110A2, 112, 117A, 118, 119 MAGISTERIAL DISTRICT: Rivanna Character of the Area: The area surrounding the Little Keswick School consists of farmland, commercial, scattered residential. The school buildings are generally located within the 21-acre site and have limited visibility from the public road. The former depot that later served as the fire department community building on Keswick Road now serves as the dining room for the school. Stokes of England, a blacksmith, is adjacent to the dining hall on a parcel owned by the applicant (TMP 80-11 OA). Keswick Country Club property is located to the south of the subject property, across the CSX railroad. Specifics of the Proposal: The applicant has requested an amendment of the underlined stipulation in one condition of approval approved with SP 06-13, an application for an expansion of a public school. The amendment pertains only to the limitations applied to the size of the New Dorm residential facility (underlined). 1. Special Use Permit 2006-13 shall be limited to the construction of a maximum two-story 45' bv 95' residential facility "New Dorm" for students enrolled in the Little Keswick School and for the conversion of the existing "Barn Dorm" to non-residential uses, such as office, recreational, storage, meeting area, or other similar uses. The "New Dorm" shall be located and developed in general accord with the concept plan, titled, "Little Keswick School, Concept Plan" (Attachment A.) and dated June 22, 2006 (last revision date). However, the Zoning Administrator may approve revisions to the concept plan to allow compliance with the Zoning Ordinance. In explaining the requested change, the applicant stated that lithe architectural plans were not 100% complete; therefore the building window was inadvertently increased from 45' X90' to 56'8" X 100' by the architect. The actual increase in square footage is only 503 square feet per floor as the building design has several cut outs as shown on the proposed plans. No additional children (students), staff or time of operation [would result from this additional square footage]." Amended concept plans are included as Attachment A. Planning and Zoning History: SP 2006-13, a special use permit to relocate the dorm to the New Dorm site and to use the existing dorm for office was approved by the Board of Supervisors on September 6, 2006. The Board modified the number of students that could be enrolled from 31 (the number of students enrolled in 2006 and approved by the Planning Commission) to 35 students. Further details of the school's planning and zoning history are included in the SP 06-13 Little Keswick School Dorm Amendment staff report (Attachment B). Conformity with the Comprehensive Plan: The property and the adjacent properties are zoned Rural Areas. The uses permitted by right under RA zoning directly support agriculture, forestry, and conservation of rural land. The private school and the relocation of the dorm and SP 07 09 Little Keswick School Amendment Page 2 . . . change of interior uses of the existing dorm building would not negatively affect the permitted by right uses in the RA zoning district. The private school has existed in this location for forty- three years and has become a significant part of the Keswick community. STAFF COMMENT: As the additional square footage of this new two-story student residence would not affect enrollment or staffing of the school and would not increase visibility from the public right-of-way or from the adjacent neighbor, no concerns were offered from the reviewing divisions or departments. The square footage included in condition number one (SP 2006-13) reflected information obtained from the applicant, at that time. However, due to later, unanticipated changes of the architectural drawings, the applicant has requested an additional 503 square feet per floor of this two story building. Staff believes that removal of the strict limitations on the building's dimensions would not affect the findings of this report (compliance with Section 31.2.4.1) and the provision that "The "New Dorm" shall be located and developed in general accord with the concept plan.." would provide some flexibility to allow the applicant to make future minor changes, without an additional amendment to this special use permit. The findings would not be affected, as the building's two-story height limitation (key to keeping the limited visual impact of the building), and the limitation on enrollment (key to VDOT's concerns regarding safety - see Attachment B, Staff Comment finding for public health, safety and welfare) would remain unchanged. Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance: 31.2.4.1: Special Use Permits provided for in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, As the New Dorm would be sited at a lower elevation than the nearest neighbor, the additional 503 square feet per floor of the New Dorm would cause minimal visual impact and no additional noise or traffic would result. that the character of the district will not be changed thereby and The character of the Rural Areas district will not be affected by the additional square footage of the New Dorm, as the building would be minimally visible in the area. The school use and its improvements have been sensitively designed and sited to blend with the rural character. that such use will be in harmony with the purpose and intent of this ordinance, The purpose and intent of the Rural Areas zoning is to preserve agricultural and forestal lands and activities, to protect the water supply, to limit service to rural areas, and to conserve the natural, scenic, and historic resources of the County. The proposed additional square footage would be in accord with the purposes and intent of the ordinance, as the adjacent agricultural use would not be affected and the additional square footage would not require additional demands for service. with uses permitted by right in the district, The subject property and the adjacent properties are zoned Rural Areas. The uses permitted by right under RA zoning directly support agriculture, forestry, and conservation of rural land. The private school and the additional square footage of the relocated dorm would not affect the permitted by right uses in the RA zoning district. The private school has existed in this location for forty-three years and has become a significant part of the 51' 07 09 Liule Keswick School Amendment Page 3 Keswick community. with the additional regulations provided in section 5.0 of this ordinance, There are no regulations in Section 5.0 of the Zoning Ordinance that apply to private schools. and with the public health, safety and general welfare. No additional staff or students over what was approved with SP 06-13 (35 students) would result from the increased square footage. The changes to condition number one would not adversely affect nor require additional measures to address the public health, safety and general welfare. SUMMARY: Staff has identified the following factors favorable to this application: 1. The proposed square footage increase would not increase traffic. 2. The increase in square footage would not adversely impact visibility from neighboring properties. Staff has not identified any factors unfavorable to this application. RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of Special Use Permit 2007-09 Little Keswick School Dorm with the following conditions (includes SP 06-13, as approved, with strikethroughs to delete reference to exact size and underlines for new information). 1. Special Use Permit 2006 13 2007-09 shall be limited to the construction use of a maximum two-story 45' by 95' residential facility the "New Dorm" for students enrolled in the Little Keswick School and for the conversion of the existing "Barn Dorm" to non- residential uses, such as office, recreational, storage, meeting area, or other similar uses. The "New Dorm" shall be located and developed in general accord with the concept plan, titled, "Little Keswick School, Concept Plan" (Attachment A.) aM dated June 22,2006 February 16. 2007 (last revision date) (the "Concept Plan"). However, the Zoning Administrator may approve revisions to the ~ Concep! f) .Elan to allow compliance with the Zoning Ordinance. 2. Maximum enrollment of students shall be limited to thirty-five (35). Any increase in enrollment shall require an amendment to this special use permit and may require entrance improvements subject to Virginia Department of Transportation requirements. 3. The existing dorm, labeled "Barn Dorm" on the concept plan (Attachment A) shall be subject to review by the Building Official prior to conversion of the existing use to any other use. 4. Construction shall commence within five (5) years of the date of approval of the spoci::ll use permit SP 2006 013 SP 2007-09. ATTACHMENTS Attachment A - "Little Keswick School, Concept Plan", dated February 16, 2007 (last revision date) Attachment B - Staff report for SP 06-13 Little Keswick School Dorm Amendment dated SP 07 09 Little Keswick School Amendment Page 4 . August 8, 2006 (Planning Commission hearing) . . SP 07 09 Linle Keswick School Amendment Page 5 l- I ~ [ J lU~ I NVld ld3~NO~ 0- _ ;;; F-~ e \!) 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Z w u... o B3 :::.:: o ~ I o a.. w o l ,/,,- ./ / // // ./ ././ "./"" 5:) / / \::)~~Of>' /' 4< f>'-\ ,/' / {---U / / f>'U // / -:o'v ( ./ ./ ~ ./ / ........ ........ 9 w u:: ~ . . COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: SP 2006-13 Little Keswick Staff: Joan McDowell School Dorm Planning Commission Public Hearing: Board of Supervisors Public Hearing: August 8, 2006 September 6, 2006 Owners: Little Keswick School Enterprise Applicant: Robert Wilson Acreage: 21.005 Special Use Permit: SP 06-13 private schools. Section 10.2.2.(5) of the zoning ordinance applies to this proposal. TMP: 80-110, 110A, 110A2, 112, 117A, 118, Existing Zoning and By-right use: RA 119 Rural Areas District agricultural, forestal, and Location: 500 Little Keswick Lane fishery uses; residential; game preserves; wayside stands; electric, gas oil and communication facilities; accessory uses including home occupation Class A; temporary construction uses; public uses Magisterial District: Rivanna Conditions: Yes Proposal: A private school proposes to Requested # of Dwelling Units: N/A construct a new dorm on the school property for existing resident-students and convert their existing dorm into offices, meeting spaces, and storage. No increase in enrollment or staff is requested. DA (Development Area) Comprehensive Plan Designation: Rural RA (Rural Area) X Areas RA -- agricultural, forestal, and fishery uses; residential density (0.5 unit/acre) Character of Property: Private school with Use of Surrounding Properties: school one and two story buildings, sports Agriculture, commercial, residential fields, and open spaces. Factors Favorable: 1. The proposed dorm Factors Unfavorable would be located in an area of the site that Staff has not identified any factor that is would cause minimal visual impact to the unfavorable to this application. adjacent property. 2. The proposed dorm would comply with current state Department of Education standards. 3. The dorm relocation would not increase the enrollment or the number of staff. . SP 06 13 Little Keswick School 1 -7 ATTACHMENT B I RECOMMENDATION: Staff recommends approval with conditions STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Joan McDowell August 8, 2006 September 13, 2006 SP 2006-13 Little Keswick School Dorm Petition: PROPOSED: Construct building for dorm; use existing dorm for offices ZONING CATEGORY/GENERAL USAGE: Rural Areas - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (.5 unit/ acre) SECTION: 10.2.2(5) Private School COMPREHENSIVE PLAN LAND USEIDENSITY: RA -- Rural Areas: agricultural, forestal, and fishery uses; residential density (0.5 unit/acre) ENTRANCE CORRIDOR: Yes_No_X_ LOCATION: 500 Little Keswick Lane; Rt. 731 1/20th of a mile south of Rt. 22 TAX MAP/PARCEL: TM 80 Parcels 110A, 110A2, 112, 117A, 118, 119 Character ofthe Area: The area surrounding the Little Keswick School consists offarmland, commercial, scattered residential. The school buildings are generally located within the 21-acre site and have limited visibility from the public road. The former depot that later served as the fire department community building on Keswick Road now serves as the dining room for the school. Stokes of England, a blacksmith, is adjacent to the dining hall on a parcel owned by the applicant (TMP 80-11 OA). Keswick Country Club property is located to the south of the subject property, across the CSX railroad. Specifics of the Proposal: The applicant has proposed to construct a 45' by 95' two-story dormitory building for 13 students in a private school. The existing dorm building, adjacent to the CXS Railroad would be used as storage and office areas. A concept plan has been submitted to show the existing and proposed dorm sites, as well as the other buildings located on the school properties (Attachment A). The applicant has not requested approval for any additional staff or students, with this application. The Commonwealth of Virginia has granted a license to the school to operate a children's residential facility providing educational and treatment services for 31 male residents with ages ranging from 9-17 years. The current license expires on June 30, 2007. A copy of a letter sent by Ms. Gloria Dalton of the Department of Education stating that the proposed dorm meets their required residential standards. The letter is attached as reference (Attachment S.) Planning and Zoning Historv: The school was established in 1963 prior to the adoption of zoning. There have been four special permits approved for this facility since opening. These are briefly summarized as follows: SP-84-43 was approved on August 14, 1984, permitting the housing of one teacher and three students in a dwelling on Parcel 112 (yellow house on the concept plan - Attachment A). It was approved with no conditions. The staff report mentioned inadequate sight distance "toward Route 22 is inadequate for either a private or a commercial entrance due to a short, sharp hill in the road" and recommend denial. SP-86-54 was approved on August 20, 1986, permitting a mobile home classroom on Parcel 11 0 until May 1, 1988. The staff report noted that the license limits the school to 27 students. The report mentioned that the sight distance is inadequate for a commercial entrance; however, access through the fire department property would provide adequate sight distance. SP 06 13 Little Keswick School 2 ~ SP-1990-30 was approved on June 6, 1990, permitting construction of a new recreational building on TMP .80-110A. The following conditions were approved with this application: 1. Virginia Department of Transportation issuance of a commercial entrance permit (SP 90-31 only); 2. Staff approval of a sketch plan for a new building; 3. Virginia Department of Health approval; 4. No increase in enrollment; and 5. Parcels to be combined prior to the issuance of a building permit for the recreational building or the commencement of activity in the existing Fire Company building. SP-90-31 was also approved on June 6, 1990. This permitted the expansion of the school into the existing fire department community building on Parcel 11 O-A. The following conditions were approved with this application: 1. Virginia Department of Transportation issuance of a commercial entrance permit in the event of increased enrollment or paving of Rt. 731; 2. Virginia Department of Health approval; 3. No increase in enrollment; and 4. Parcel to be combined with the existing parcel (Parcel 110) prior to the commencement of activity in the existing Fire Company Building. The Board granted one six-month and two eighteen-month extensions for SP 90-31. On February 5, 1992, the Board of Supervisors approved relief from #4 (SP 90-31) with a substitute condition: "Use is for expansion of the Little Keswick SchooL" (#4 required the combining of parcels) SUB-90-144 was approved on August 71990 combining Parcels 110, 110A(1) and 111. . SDP-90-73 was tentatively approved on September 4, 1990. The plan showed the new gym and recreation facility. STAFF COMMENT: The Little Keswick School proposes to construct a 45' by 95' dormitory to replace the dorm currently used by students. The existing dorm is "grandfathered" in by the state, but it does not meet all current state requirements, according to a phone conversation with Gloria Dalton, of the Department of Education. The existing dorm is also located close to the CSX Railroad, causing concerns regarding safety and noise according to the applicant. The existing dorm would be converted to office, storage recreational type uses after the new dorm was occupied. The proposed site for the dorm would be at a lower elevation than the adjacent property not owned by the school, thereby, reducing its visibility. The owner of the neighboring property also allows the school to use the area of his property closest to the school as a pasture for the school's horses, according to the applicant. In existence since 1963, the school is an established part of the Keswick community. The school maintains a low-key presence and does not intend to expand its enrollment. The school's continuation avoids fragmentation of land for residential development. Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. . SP 06 13 Little Keswick School 3 (1 31.2.4.1: Special Use Permits provided for in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent properly, The proposed dorm would be constructed into the side of a slope and at a lower elevation, making only a portion of the roof visible from an adjacent farm property. The dorm would be set back 60' from the nearest property line, as well. With permission from the landowner, the school uses a portion of this adjacent property to pasture their horses. The new dorm would not be visible from Keswick Road or from Louisa Road. that the character of the district will not be changed thereby and The character of the surrounding rural area would not be affected by the relocation of the dorm or by a change in the interior uses of the existing dorm building, as this application does not propose an increase in the current staff or enrollment and will be minimally visible in the area. that such use will be in harmony with the purpose and intent of this ordinance, Section 18, Chapter 10 of the zoning ordinance outlines the purpose of the Rural Areas zoning: "This district (hereafter referred to as RA) is hereby created and may hereafter be established by amendment of the zoning map for the following purposes: (Amended 11-8-89) -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. (Amended 11-8-89) Residential development not related to bona fide agricultural/forestal use shall be encouraged to locate in the urban area, communities and villages as designated in the comprehensive plan where services and utilities are available and where such development will not conflict with the agricultural/forestal or other rural objective." A private school is permitted by special use permit in the Rural Areas District. The dorm would be sensitively located, so not to interfere with the adjacent agricultural use and the new dorm would not intensify the private school use. with uses permitted by right in the district, The property and the adjacent properties are zoned Rural Areas. The uses permitted by right under RA zoning directly support agriculture, forestry, and conservation of rural land. The private school and the relocation of the dorm and change of interior uses of the existing dorm building would not negatively affect the permitted by right uses in the RA zoning district. The private school has existed in this location for forty-three years and has become a significant part of the Keswick community. with the additional regulations provided in section 5.0 of this ordinance, There are no regulations in Section 5.0 of the Zoning Ordinance that apply to private schools. and with the public health, safety and general welfare. A report of accidents in the area of Route 731, Keswick Road Route 22, revealed 64 accidents from January 1,2000, and January 31,2006. The report states, "It is likely that the majority of these accidents took place at or near the intersection of Route 22. Due to the data gathering methods, it is difficult to determine the exact location of accidents." Although there has been some concern with the school's entrance with a past applications (SP 90-30,31), further entrance improvements have not been required by the County Engineer or VDOT, as there would not be additional traffic created by this application. A condition of approval that limits the number of students to the existing level (31) is recommended to replace existing conditions that prevent increases in enrollment. As the previous conditions did not include the SP 06 13 Little Keswick School 4 }O number of students enrolled at that time, enforcement was difficult. The condition also provides guidance . that entrance improvements may be required with any future increase in enrollment or the size of the school. The applicant has advised that they do not plan any increases in either staff or enrollment. SUMMARY: Staff has identified the following factors favorable to this application: 1. The proposed dorm would be located in an area of the site that would cause minimal visual impact from the adjacent property. 2. The proposed dorm would comply with current state Department of Education standards. 3. The dorm relocation would not increase the enrollment or the number of staff. Staff has not identified any factor that is unfavorable to this application. Waiver Request: The Zoning Ordinance allows 24 months for both construction and start of the use of a Special Use Permit (18-31.2.4.4). As the applicant may need additional time to construct the dorm, staff recommends that the time allowed for construction and start of the use of this Special Use Permit, should it be approved, be increased to five (5) years. RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of Special Use Permit 2006-13 Little Keswick School Dorm with the following conditions (existing conditions that are not applicable or have been changed for this permit are shown with strikethroughs): . 1. St::lff ::lpprov::l1 of::l sketch pl::ln for::l new building. Special Use Permit 2006-13 shall be limited to the construction of a maximum two-story 45' by 95' residential facility "New Dorm" for students enrolled in the Little Keswick School and for the conversion of the existing "Barn Dorm" to non-residential uses, such as office, recreational, storage, meeting area, or other similar uses. The "New Dorm" shall be located and developed in general accord with the concept plan, titled, "Little Keswick School, Concept Plan" (Attachment A.) and dated June 22,2006 (last revision date). However, the Zoning Administrator may approve revisions to the concept plan to allow compliance with the Zoning Ordinance. 2. No inore::lce in enrollment; Maximum enrollment of students shall be limited to 31. Virgini::l Dop::lrtment of Transport::ltion issuanco of ::l commeroi::ll entr::lnce permit in the event of inoro::lced enrollment or p::lving of Rt. 731. Any increase in enrollment shall require an amendment to this special use permit and may require entrance improvements subject to Virginia Department of Transportation requirements. 3. The existing dorm, labeled "Barn Dorm" on the concept plan (Attachment A) shall be subject to review by the Building Official prior to conversion of the existing use to any other use. -1. Virgini::l Deportment of Health approv::ll; 5 P::lroels to be combined prior to the issu::lnce of 0 building permit for the reore::ltion::ll building or the commencement of ::lctivity in the exicting Fire Company building. 6. Use is for exp::lnsion of the Little Keswick School. Waiver Request: Staff recommends a waiver from Section 18-31.2.4.4 to allow five years from the date of approval of this Special Use Permit to commence construction. . SP 06 13 Little Keswick School 5 , i ! ATTACHMENTS Attachment A _ "Little Keswick School, Concept Plan", dated June 22,2006 (last revision date) Attachment 8 - Letter from Gloria L. Dalton, Virginia Department of Education Children's Residential Facilities Specialist, dated July 19, 2006 Attachment C - Location Map Attachment 0 - Staff reports/Action letters SP 84-43; SP 86-54; SP 90-30; SP 90-31 SP 06 13 Little Keswick School 6 11- Albemarle County Planning Commission August 8, 2006 The Albemarle County Planning Commission held a meeting and a public hearing on Tuesday, August 8, 2006, at 6:00 p.m., at the County Office Building, Room 241, Second Floor, 401 Mcintire Road, Charlottesville, Virginia. Members attending were Eric Strucko, Calvin Morris, Vice-Chairman; Jon Cannon and Pete Craddock. Absent were Marcia Joseph, Chairman; Jo Higgins and Bill Edgerton. 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; Scott Clark, Senior Planner; Joan McDowell, Principal Planner; Bill Fritz, Chief of Current Development; David Pennock, Principal Planner; Amy Arnold, Planner; Glenn Brooks, Senior Engineer and Greg Kamptner, Deputy County Attorney. Call to Order and Establish Quorum: Mr. Morris called the regular meeting to order at 6:00 p.m. and established a quorum. SP-2006-013 Little Keswick School Dorm Amendment (Siems #23,24) PROPOSED: Construct building for dorm; use existing dorm for offices. ZONING CATEGORY/GENERAL USAGE: Rural Areas - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (.5 unit/ acre). SECTION: 10.2.2(5) Private School. COMPREHENSIVE PLAN LAND USE/DENSITY: RA -- Rural Areas: agricultural, forestal, and fishery uses; residential density (0.5 unit/acre). ENTRANCE CORRIDOR: No. LOCATION: 500 Little Keswick Lane; Rt. 731 1/20th of a mile south of Rt. 22. TAX MAP/PARCEL: TM 80 Parcels 110A, 110A2, 112, 117A, 118, 119. MAGISTERIAL DISTRICT: Rivanna. STAFF: Joan McDowell Ms. McDowell summarized the staff report. · This is a special use permit for dorm relocation for Little Keswick School. It is located at 500 Little Keswick Lane in the Rivanna Magisterial District. It has both rural area zoning designation as well as the Comprehensive Plan designation. The Little Keswick School was established in 1963 prior to the adoption of the Zoning Ordinance. The dorm itself that the children are using now has been grandfathered in. She spoke at length with the State representative and they are very anxious to have the old dorm replaced with the new dorm. The applicant proposes to change the old dorm into offices and recreational and storage type uses. · There were a couple of issues with previous special use permit conditions of approval that staff would like to note. One was that they would not increase enrollment. The other was that if there was an increase in enrollment, then the Virginia Department of Transportation would want a commercial entrance permit. She spoke at length with the zoning department and their concern was that no increase in enrollment, but not tying it to an actual number. So there is a condition of approval in this special use permit that would tie it to 31, which is what the State license is and what they have. The applicant does not intend to increase the enrollment. Staff also spoke with VDOT and the County Engineer and they both agree because there is no increase in enrollment anticipated and that the enrollment is 31 that there would not be any commercial entrance ALBEMARLE COUNTY PLANNING COMMISSION - AUGUST 8, 2006 1 PARTIAL MINUTES FOR SP-2006-013 Little Keswick School Dorm Amendment requirement. Therefore, the new conditions of approval would remove that requirement because they don't believe it is necessary. · There are no other issues that staff found with this application. The new dorm would be located in an area a little recess down an embankment. Although it has some visibility to the neighbor, it is not much. So staff recommends approval with the conditions as listed in the report. Mr. Morris asked if there were any questions for staff. There being none, he opened the public hearing and invited the applicant to address the Commission. Mark Columbus, Head Master of Little Keswick School, said that this school has been in school for 44 years. They have boys that have been diagnosed as emotionally disturbed learning disabled. They are not court advocated boys, but are between the ages of 9 and 15 upon admission. They have had boys in the past from Egypt, Peru, Louisiana, Texas and California. They still have the sort of catch man area that is nation wide. The vision of the founders of the school certainly in keeping with improving the quality and enhancing the experience of these boys with our national reputation is to envision this existing dorm and now locating it away from the CSX Railroad track, which is pretty noisy. They plan to put the dorm in the bank, which aesthetically keeps the view very low from the adjoining properties. The only thing that they would ask is a modification on the 60' setback. Under construction if they were to come across any bed red or under ground spring areas that they would have the ability to move it within that area, but certainly not to violate the 25' setback. They were not changing the number of staff or number of students. They are licensed by the Department of Education to have 31 students. The owner of the school, Mr. Wilson, met with Gloria Dalton, their educational representative. They have long applauded the work that the school does. The school is the only school in VASES history to have an unblemished review or audit within the VASES, Virginia Association for Special Education Schools, who is one of their crediting agencies. So they want to just keep growing in quality and this dorm expansion will allow us to do that. There will be no change in the number of cars parked on site. They have ample parking spaces around the campus. The total number of day time staff is only 31. The night time staff, since it is residential, is 8. They have a total number of parking spaces of 72. Access has been made to the road for emergency purposed. They were able to purchase the old Keswick train depot and use it for their dining facility. They have access to the back railroad bed or the road to the existing dorm as it does now when they built the gymnasium in 1990. So there are really no changes at all. Mr. Morris asked what the original use of the current dorm was. Mr. Wilkes replied that back in 1993 it was called the barn dorm. It is a frame building with a tin roof. They have modified it and put rooms and dorms in up to specs. The only variances that they have there is that they would like for us to have another bathroom adjoining to it. They did do an expansion of the bathroom. They already have approval by the health department for a septic field already approved for this building. Then if they were to add another bathroom they would have to have the quality of the septic field enhanced. Right now they do have a variance on that. There being no further questions for the applicant, Mr. Morris asked if there was any other members of the public present to speak regarding this request. John Grady, representative for the applicant, noted that a comment was made about the 60' setback. They certainly showed that because it is what they want to do. But, looking out here if they get back in here and encounter either rock or a spring, which is highly likely, they needed to modify it by 15' to 20'. They wanted the Commission to be aware of this because if they go to ALBEMARLE COUNTY PLANNING COMMISSION - AUGUST 8, 2006 2 PARTIAL MINUTES FOR SP-2006-013 Little Keswick School Dorm Amendment j the zoning administrator the way this is written if it is within the concept plan she needs to hear it from the Commission that it was okay for it to be modified. If they had to shift something around 15' the side setbacks from the Zoning Ordinance for the Rural Area are still only 25'. Therefore, they would be more than what they would be required to be away from that line. They wanted to play safe. If they need to move it they don't want to have to stop and come in and come back just because they lost 15' some where. Mr. Morris asked if they moved back if that would then restrict vehicular traffic getting into the gymnasium. Mr. Grady replied no, because the road is fairly tucked up along the rear property line. If they were to go back 20' it would not restrict the traffic going back to the gymnasium. There would still be a road back there. There being no further public comment, Mr. Morris closed the public hearing to bring the matter back before the Commission. Mr. Craddock asked if staff has heard any comments from any of the neighbors, and Ms. McDowell replied no. Regarding the waiver request to extend the time to commence construction, Mr. Kamptner recommended that a condition be added to state: "Construction of the dorms shall commence within five (5) years of the date of approval of the special use permit, SP-2006-013." Mr. Strucko asked if they need to add a condition about the setback. Mr. Cilimberg said that the wording in condition 1 is that it be located and developed in general accord and the Zoning Administrator may approve revisions to allow compliance. If the Commission's intent is that there is a bit of flexibility based on what the Commission heard tonight what staff could do between now and the Board meeting is just check with the Zoning Administrator in seeing if there needs to be any additional language to accomplish that. Mr. Craddock agreed with Mr. Cilimberg's proposal. Motion: Mr. Craddock moved, Mr. Strucko seconded, to approve SP-2006-013, Little Keswick School Dorm Amendment, with the recommended conditions, as amended by Mr. Kamptner and Mr. Cilimberg, and to approve a waiver from Section 18-31.4.4 to allow five years from the date of approval of this special use permit to commence construction. 1. Special Use Permit 2006-13 shall be limited to the construction of a maximum two-story 45' by 95' residential facility "New Dorm" for students enrolled in the Little Keswick School and for the conversion of the existing "Barn Dorm" to non-residential uses, such as office, recreational, storage, meeting area, or other similar uses. The "New Dorm" shall be located and developed in general accord with the concept plan, titled, "Little Keswick School, Concept Plan" (Attachment A.) and dated June 22,2006 (last revision date). However, the Zoning Administrator may approve revisions to the concept plan to allow compliance with the Zoning Ordinance. 2. Maximum enrollment of students shall be limited to 31. Any increase in enrollment shall require an amendment to this special use permit and may require entrance improvements subject to Virginia Department of Transportation requirements. ALBEMARLE COUNTY PLANNING COMMISSION - AUGUST 8, 2006 PARTIAL MINUTES FOR SP-2006-013 Little Keswick School Dorm Amendment 3 3. The existing dorm, labeled "Barn Dorm" on the concept plan (Attachment A) shall be subject to review by the Building Official prior to conversion of the existing use to any other use. 4. Construction of the dorms shall commence within five (5) years of the date of approval of the special use permit, SP-2006-013. The motion passed by a vote of 4:0. (Commissioners Higgins, Edgerton and Joseph were absent.) Mr. Morris stated that SP-2006-013, Little Keswick School Dorm Amendment would go to the Board of Supervisors on September 6 with a recommendation for approval. (Recorded and transcribed by Sharon Claytor Taylor, Recording Secretary.) ALBEMARLE COUNTY PLANNING COMMISSION - AUGUST 8, 2006 PARTIAL MINUTES FOR SP-2006-013 Little Keswick School Dorm Amendment 4 Albemarle County Planning Commission April 17, 2007 The Albemarle County Planning Commission held a meeting on Tuesday, April 17, 2007, at 6:00 p.m., at the County Office Building, Auditorium, Second Floor, 401 Mcintire Road, Charlottesville, Virginia. Members attending were Pete Craddock, Duane Zobrist, Jon Cannon, Bill Edgerton, Eric Strucko and Marcia Joseph, Chairman. Calvin Morris, Vice-Chairman was absent. Julia Monteith, Senior Land Use Planner for the University of Virginia was absent. Other officials present were David Benish, Chief of Planning; David E. Pennock, Principal Planner; Joan McDowell, Principal Planner; Amelia McCulley, Zoning Administrator/Director of Zoning & Current Development; Glenn Brooks, County Engineer; Allan Shuck, Engineer; Elaine Echols, Senior Planner 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. SP 2007-00009. Little Keswick School Amendment (Siems #101.102) PROPOSED: Amend SP 06-13 to increase the size of the New Dorm from 45' X 90' to 56'8" X 100'. No additional students or staff would result. ZONING CATEGORY/GENERAL USAGE: Rural Areas - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (.5 unit/ acre). SECTION: 10.2.2(5) Private School. COMPREHENSIVE PLAN LAND USE/DENSITY: RA -- Rural Areas: agricultural, forestal, and fishery uses; residential density (0.5 unit/acre). ENTRANCE CORRIDOR: No. LOCATION: 505 Little Keswick Lane; Rt. 731 1/10th of a mile SE of Rt. 22. TAX MAP/PARCEL: TM 80 Parcels 110, 110A, 110A2, 112, 117A, 118, 119. MAGISTERIAL DISTRICT: Rivanna. STAFF: Joan McDowell Ms. McDowell summarized the staff report. A special use permit was approved last year to allow the relocation of a dorm to an existing dorm for offices and storage. The applicant has requested a modification of a condition of approval for that application to allow additional square footage for the new dorm due to changes in the architecture. In its approval the Board of Supervisors increased the enrollment from 31 to 35 students. The dorms increased square footage would not cause a further increase in students or staff. The new dorm would have limited visibility from Keswick Road, the nearest public road. The height would not be affected. Staff's opinion is that amending the square footage from the condition would allow some flexibility for minor changes in the future should they occur without compromising the findings of Section 31.2.4.1 of the Zoning Ordinance. Staff recommends approval of SP-2007-09 subject to the conditions of approval contained in the staff report. Staff has identified the following factors favorable to this application: 1. The proposed square footage increase would not increase traffic. 2. The increase in square footage would not adversely impact visibility from neighboring properties. ALBEMARLE COUNTY PLANNING COMMISSION - APRIL 17, 2007 PARTIAL DRAFT MINUTES - SP-2007-09 LITTLE KESWICK SCHOOL AMENDMENT AND SP-2004-050 FLOW AUTOMOTIVE COMPANIES SALES AND DISPLAY Staff has not identified any factors unfavorable to this application. There being no questions for staff, Ms. Joseph opened the public hearing and invited the applicant to address the Commission. Mark Columbus, Head Master of Little Keswick School, thanked staff for helping them to push this minor change through to allow them to get before the Board. They already had a builder in line upon the first approval. When these minor changes were made it set back the building process. The minor change as indicated is as indicated that after approval of the first one is simply a dorm located in this area that originally had the dimensions of 45' X 95'. His understanding is that when looking at the modifications and the architectural plan that fits the boys of the school it came out to be 56'8" by 100'. So the concept plan now shows that, which is indicated by the change of the new dorm. That is the only change that they have made to the Little Keswick School Concept Plan. Public comment was opened. There being none, the public hearing was closed and the matter before the Commission. Ms. Joseph asked Mr. Columbus to come back to address a question concerning an email received by the Commission from Johnathan Rintels who lives next door. She also received a phone call from Mr. Rintels. Mr. Columbus noted that since the Commission received that email that he had talked to John Rintels. He used to be the President of the Foundation of their School. So they have good relationships with them. Some of the things that they talked about were visually providing some Leyland Cyprus to provide a buffer. They have already planted some Spruce trees along this line. Another property that they have is in back of the soccer field and for their view and protection they have already planted Leyland Cyprus. Their plan is to certainly work with Johnathan Rintels and provide a buffer there. Although, if you look at the visual height of the building this sets down a good 40 '. So the actual profile of the building is very low. It is lower than the actual gymnasium.. With the Leyland Cyprus and the Spruce that they have already planted it will give adequate protection. Ms. Joseph noted that Mr. Rentall was saying something about the soccer field, too. Mr. Columbus noted that there are some existing Pine trees along this drive. It is sort of a right- of-way. Mr. Rentall has put up a lattice fence there. They would be happy to plant some Spruce or Leyland Cyprus. Ms. Joseph asked if he could accept as a condition of approval some screening trees being planted between the school and the adjacent neighbor. Mr. Columbus replied yes, that they can. They have already had an arborist that has planted some trees along there. They certainly can plan some trees. Motion: Mr. Strucko moved, Mr. Cannon moved for approval of SP-2007-00009, Little Keswick School Amendment, with that additional condition of screen plantings. Ms. Joseph asked staff if that was specific enough. ALBEMARLE COUNTY PLANNING COMMISSION - APRIL 17, 2007 PARTIAL DRAFT MINUTES - SP-2007-09 LITTLE KESWICK SCHOOL AMENDMENT AND SP-2004-050 FLOW AUTOMOTIVE COMPANIES SALES AND DISPLAY 2 Ms. McDowell suggested Leyland Cyprus. Ms. Joseph asked staff to figure out the type of species to be used. She asked if staff wants spacing. She suggested that staff allow the applicant to figure out what he can buy at a good price that will work in that location. She asked staff to suggest the size and spacing. Ms. McDowell replied that she had also talked with the adjacent neighbor. He is interested in some screening to be provided as quickly as it can grow. She suggested starting off with something around 3' to 4' tall and she would leave it up to the Commission as to how close they should be. Ms. Joseph asked that the trees be 15' on center. Mr. Benish asked if the intent is to block the view with the vegetation. Ms. McDowell replied yes. Ms. Joseph suggested planting the trees 15' on center in a double staggered row. Mr. Benish noted that it would depend on the species. So maybe the intent of creating that sort of obscured view is what the Commission needs to identify such as planting Leyland Cyprus, White Pines, etc. Ms. Joseph asked staff to work out that condition before it goes to the Board. Mr. Benish replied yes, if the Commission could just direct staff to do that and meet that intent they will provide something. Mr. Strucko asked staff to provide the language of that condition. Mr. Craddock asked if they wanted the screening down that side and also to make the turn at the soccer field. Amended Motion: Mr. Strucko moved, Mr. Cannon seconded, to approve SP-2007-009, Little Keswick School Amendment, subject to the conditions recommended by staff, as amended, to provide language of that condition concerning screening to be worked out by staff prior to the Board of Supervisors hearing. (includes SP 06-13, as approved, with strikethroughs to delete reference to exact size and underlines for new information). 1. Special Use Permit 2006 13 2007-09 shall be limited to the construction use of a maximum two-story 45' by 95' residential facility the "New Dorm" for students enrolled in the Little Keswick School and for the conversion of the existing "Barn Dorm" to non-residential uses, such as office, recreational, storage, meeting area, or other similar uses. The "New Dorm" shall be located and developed in general accord with the concept plan, titled, "Little Keswick School, Concept Plan" (Attachment A.) aM dated June 22, 2006 February 16, 2007 (last revision date) (the "Concept Plan"). However, the Zoning Administrator may approve revisions to the S! Concep! f'} Elan to allow compliance with the Zoning Ordinance. 2. Maximum enrollment of students shall be limited to thirty-five (35). Any increase in enrollment shall require an amendment to this special use permit and may require ALBEMARLE COUNTY PLANNING COMMISSION - APRIL 17,2007 3 PARTIAL DRAFT MINUTES - SP-2007-09 LITTLE KESWICK SCHOOL AMENDMENT AND SP-2004-050 FLOW AUTOMOTIVE COMPANIES SALES AND DISPLAY entrance improvements subject to Virginia Department of Transportation requirements. 3. The existing dorm, labeled "Barn Dorm" on the concept plan (Attachment A) shall be subject to review by the Building Official prior to conversion of the existing use to any other use. 4. Construction shall commence within five (5) years of the date of approval of tAe special use permit SP 2006 013 SP 2007-09. 5. The screening condition to be worked out by staff prior to Board of Supervisors hearing. Mr. Driver asked for a quick clarification concerning Mr Craddock's comment about providing screening at the turn of the field. When talking with John Rentall this morning about this the substantial Leyland Cyprus that he sees there he likes. The turn here is not the problem. It is really these two other areas. He did not feel that Mr. Rintels could see the property in that corner. Ms. Joseph felt that was something that they needed to work out with staff and Mr. Rintels before May 2. Mr. Craddock said that would be fine because it does not show any trees on their property. It looks like it is all on Rintels's property. Ms. Joseph agreed. Mr. Driver said that in fact if they look at this most of the trees are in a culvert on their side of that. He did not think that this was really indicative of the vegetative of tree growth. The motion passed by a vote of 6:0. (Mr. Morris was absent.) Ms. Joseph stated that SP-2006-009, Little Keswick School Amendment, would go before the Board of Supervisors on May 2, 2007 with a recommendation for approval, but with a change to the conditions to allow for the planting. ALBEMARLE COUNTY PLANNING COMMISSION - APRIL 17,2007 PARTIAL DRAFT MINUTES - SP-2007-09 LITTLE KESWICK SCHOOL AMENDMENT AND SP-2004-050 FLOW AUTOMOTIVE COMPANIES SALES AND DISPLAY 4 l Allan D. Sumpter Charlottesville Residency Administrator Virginia Department of Transportation 701 VDOT Way Charlottesville, VA 22911 ~. CHARLOTTESVILLE RESIDENCY MONTHLY REpORT APRIL 2007 ALBEMARLE COUI\TY BOS ACTION ITEMS David Slutzky . The guardrail hit at Greenbrier and Hillsdale has been repaired. · Sidewalk repairs on Hillsdale - Residency has been reviewing sidewalk repair needs county wide in hopes of developing a contract for multiple locations, which will help decrease unit costs. · Signal adjustments at Hydraulic Road have been completed. Ken Bovd · Rural Rustics: Work on Route 769 (Rocky Hollow) is ongoing. Others are in the administrative process, including the securing of environmental permits. · Route 20/250 - Traffic Engineering staff is continuing to review this intersection for timing adjustments at peak hours in morning and evenings. Dennis Rooker · The repair work to the guardrail hit on Roslyn Ridge is awaiting utility clearance. It is expected that this work will be completed by mid-May. · Transportation Bill- The residency is waiting to receive final allocations for the secondary system as a result of the passage ofHB 3202. Preliminary numbers indicate that Albemarle County will receive approximately $7.1 million in additional funds during the FY2008-2012 period. Dave Wyant · A citizen information meeting has been scheduled on May 8th to discuss replacement scenarios for the Advance Mills Bridge. Alignment options will be discussed in general terms along with the preliminary engineering process for a project of this nature. This project is in the very early stages. No plans have been developed and environmental impact studies have not begun. As the project develops, there will be official public hearings held to receive comment from the public. Sally Thomas · Belair Market Signal along Route 250 - Materials are backordered for installation of video detection cameras. Traffic Engineering knows this location is a priority and will begin work as soon as possible. Lindsav Dorrier · Biscuit Run - VDOT staff continuing to assist County Staff in development of acceptable proffers. Page I of4 Virginia Department of Transportation 701 VDOT Way Charlottesville, VA 22911 CONSTRUCTION Active Construction Projects . Project No. (NFO)PM07-056-177, C501 (Rte. 29 SBL Bridge over Rapidan River deck repair and latex concrete overlay) Contractor began work on 3-28 beginning with guardrail removal and reinstallation. This activity requires periodic lane closures controlled with flag persons. . Project No. SS-7B-07 (Asphalt Slurry Seal) Contractor began work on 3-27 applying slurry seal to the scheduled routes in the west area of Albemarle County. PRELIMINARY ENGINEERING Albemarle County · Route 22 / 250 Intersection Improvements, 0022-002-104, C501 R1W is currently being negotiated. VDOT, Albemarle County and Luck Stone met on March 30th to discuss the construction funding for this project. A follow up meeting is scheduled for July 20th, 2007. . Route 631 Meadow Creek Parkway, 0631-002-128, C502, B612, B657 R/W phase update: Right-of-Way appraisals and acquisitions continue. Still on schedule for R/W to be clear by November 2007 and utility relocations to begin. This project remains on schedule for a June 2008 advertisement. · Route 631, Meadow Creek Parkway, UOOO-I04-102 (City portion) Project funding update: Estimated funding shortfall at this time is $5.1 million. Potential cost reductions and additional funding have been identified for $3.9 million leaving total shortfall at $1.2 million · Route 691 Jarmans Gap Road, 0691-002-158, C501 Administrative functions related to the phasing of this project are still ongoing. An exact advertisement date cannot be firmly established until final secondary six year plan funding allocations are in place. At present projected allocations, it is expected the project will be advertised in late 2008 or early 2009. · Route 656 Georgetown Road, 0656-002-254, C501 Aerial Survey completed. Data conversion for use in design is underway and should be completed in late April. · Route 643 Rio Mills Road, 0643-002-P76, N501 The curve has been staked in the field and a scoping meeting has occurred. Environmental has evaluated impacts and residency staff is developing environmental permits and box culvert information. Aerial survey has been completed and is being compiled. · Route 769 Rocky Hollow Road, 0769-002-P89, N501 Please see attached report regarding rural rustic program. Greene County · Route 627 Bacon Hollow Road, 0627-039-195, C501 The project advertisement date will be set for the fall of 2007. The estimate has been revised and funding for the project is in place. PLANNING, PERMITS AND LAND DEVELOPMENT Land Development Items Total This Month Special Use Permits and Rezoning Application Review Site Plan Reviews for new Subdivisions New Entrance Plan Reviews Total Permits Processed Utility Permits Processed Inspection of new Subdivision Street conducted Inspection of new entrance conducted Miles of Street Accepted in the State System 4 18 11 79 16 17 102 0.07 Total This Fiscal Year 44 106 138 741 117 101 1011 4.35 Page 2 of 4 Virginia Department of Transportation 701 VDOT Way Charlottesville, VA 2291/ TRAFFIC ENGINEERING Albemarle - Completed RTE LOeA TION REQUEST ACTION Albemarle - Being reviewed RTE LOCATION REQUEST STATUS 29 Post Office Mark Curb for safety Residency is taking care of 631 (5th St) Near County Bldg Painting for Bus Stop To Paint Crew on 4/24/07 53 South of Monticello Place Chevrons for curve Residency is taking care of 614 (Sugar At bridge Place Chevrons for parking Residency is taking care of Hollow Rd) near bridae 708 (Red Hill) Red hill Quarry Request to place Trucks Trees cut on 4/23/07, signs ordered enterinQ siQn and trim trees Greene - Being reviewed RTE I LOCATION REQUEST ACTION MAINTENAl\CE WORK COMPLETED Albemarle County . Patching operations completed on Routes 29,240,250,600 (Stony Point Pass), 610 (Lonesome Mtn), 621 (W olftrap), 631 (Rio/5th St/Old Lynchburg), 641 (Burnley Station), 645 (Magnolia), 682 (Broad Axe), 712 (Plank), 727 (Blenheim), 743 (Earlysville), 810 (Crozet), 820 (Buckingham Cir) and 825 (Yancey Mill Ln). . Graded and replaced stone on Routes 612 (Hammocks Gap), 636 (Batesville), 637 (Dickwoods), 640 (Gilbert Station), 641 (Burnley Station), 643 (Rio Mills), 661 (Reas Ford), 668 (Fox Mtn), 671 (Ballards Mill), 672 (Via), 674 (Clark), 678 (Ridge), 689 (Pounding Creek), 702 (Reservoir), 725 (Dawsons Mill) 736 (White Mtn), 758 (Smith), 762 (Rose Hill Church), 766 (Pea Ridge), 774 (Appleberry Mtn), 778 (Johnsons), 813 (Starlight) and 821 (Blufton Mill). . Litter pickup on Rt 6, 29, 250, 618 (Martin Kings), 620 (Rolling), 627 (Porters), 631 (Old Lynchburg), 632 (Faber), 712 (Plank), 715 (Esmont), 717 (Secretary Sand), and 800 (Schuyler). . Cleared pipes and ditch work on Routes 29, 601 (Garth), 640 (Gilbert Station), 646 (Lovers Ln), 743 (Earlysville), 795 (Presidents), 810 (Crozet), 831 (Tompkins), 854 (Carrsbrook), 1452 (Westfield) . Mowing Routes 231 and 708 (Red Hill). . Tree cleanup on various routes throughout the county due to storm. . Cleaned up from rain, high water and wind damage across the county. Cleaned up equipment. . Dust Control on Routes 20,606 (Dickerson), 633 (Cove Garden), 643 (Rio Mills), 668 (Fox Mtn), 671 (Millington), and 674 (Clark). . Bridge work on Routes 600 (Watts Passage) and 627 (Carters Mtn). Page 3 of 4 Virginia Department of Transportation 701 VDOT Way Charlottesville, VA 22911 Greene County · Graded and replaced stone on Routes 603 (Bingham Mtn), 624 (Beazley), 626 (Snow Mtn), 629 (Welsh Run), 630 (Rosebrook), 632 (Wyatt Mtn), 634 (Mutton Hollow), 637 (Pocasan Mtn), 638 (Ted Mtn), 642 (Taylor Mtn) and 806. · Dust control on Routes 603 (Bingham Mtn), 624 (Beazley), 626 (Snow Mtn), 629 (Welsh Run), 630 (Rosebrook), 632 (Wyatt Mtn), 634 (Mutton Hollow), 637 (Pocasan Mtn), 638 (Ted Mtn), 642 (Taylor Mtn) and 806. · Ditch and pipe cleaning on Routes 29,33,604 (Celt), 632 (Wyatt Mtn) and 810 (Dyke). · Patching operations on Routes 33, 604 (Celt), 609 (Fredericksburg), 618 (Heights Hill), 810 (Dyke) 1143 and 1152 (Hillcrest). · Entrance pipe installed on Rt 609 (Fredericksburg). · Treelbrush cutting on Rt 621 (South River), 638 (Turkey Ridge) and 645 (Moore). · High wind damage across the county. Cleaned up equipment after event. · Bridge work on Routes 603 (Bingham Mtn), 604 (Celt), 633 (Amicus) and 646 (Garth). PLANNED MAINTENANCE WORK - MA Y 2007 · Guardrail mowing, machining and patching on various routes in Albemarle and Greene County. · Preparing for surface treatment schedules. · Installing pipes, ditching, tree removal, grading on Route 769 (Rocky Hollow) for Rural Rustic Program. · Route 646 (Garth) bridge replacement work continues in Greene County. MAINTEl\ANCE BUDGET Highway Maintenance Expenditures 20 - - Total Maint Budget . Cumulative Budget ----/:}.-Cumulative Actual 15 9.21 829 7.37 9.64 9.76 6.59 8.98 5.82 829 7.45 6.61 - - - - - - - - - - - - - - - - - - ~ c: ~ :i! 10 Jul-06 Aug-06 Sep-06 Oct-06 Nov-06 Dee-06 Jan-07 Feb-07 Mar-07 Apr-07 May-07 Jun-07 Page 4 of 4 ( . COUNTY OF ALBEMARLE Department of Community Development 40] McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 April 18, 2007 Todd Barnett PO Box 4234 Charlottesville, V A 22905 RE: SP-2006-043 Field School (Signs # 35, 36, 39) Tax Map Parcels 56A2-0 1-72 and 72A Dear Mr. Barnett: . The Albemarle County Planning Commission, at its meeting on April 3, 2007, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. Maximum enrollment shall be 48 students. 2. Hours of operation for the school shall be from7:30 a.m. to 6:00 p.m., Monday through Friday. 3. The school is limited to existing buildings and park grounds as indicated on the concept plan (Attachment C). Any additional building or site changes for the school use will require an amendment to this Special Use Permit (SP-2006-043). 4. Prior to issuance of a Zoning Clearance for the private school use, water line dedications to the satisfaction of the Albemarle County Service Authority are required. 5. The playgrounds and the park grounds, with the exception ofthe Community Building, will remain open and available for public use during the hours of school operation. 6. The athletic fields at the park shall not be available for the school's use after 4 p.m. on weekdays and shall not be available on weekends. 7. The athletic fields shall not be available for school use when closed by the Department of Parks and Recreation for inclement weather, overuse, fields restoration, or when any other scheduled use is authorized by the Department of Parks and Recreation. 8. The school use may begin and continue only ifthe Crozet Park covenants and restrictions expressly allow the use. 9. Special Use Permit 2006-043 shall be valid until June 30, 2009. . 10. Shuttle bus service for students to and from school shall be provided each school day. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on May 2,2007. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832. Sincerely, 1lw{l ~~ Rebecca RagSd~ Senior Planner Planning Division RAR/aer Cc: Claudius Crozet Park Inc POBox 171, Crozet Va 22932 Ella Carey Jack Kelsey . COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY . Project Name: SP2006-43 Field School Staff: Rebecca Ragsdale Planning Commission Public Hearing: Board of Supervisors Public Hearing: April 4, 2007 Mav 2, 2007 Owners: Claudius Crozet Park, Inc. Applicant: Todd Barnett, Head of School (Robert A. Maupin, President) Field School Acreage: 22.396 Special Use Permit: Private School 18.10.2.2.5 of the zoning ordinance applies to this proposal. TMP: 56A2-01-72 and 72A Existing Zoning and By-right use: Location: Claudius Crozet Park in Crozet, RA -- Rural Areas: agricultural, forestal, and north side of Park Street fishery uses; residential density (0.5 unit/acre); public uses and parks Magisterial District: White Hall Conditions: Yes DA (Development Area): Crozet Requested # of Dwelling Units: NA Proposal: Applicant requests a private middle Comprehensive Plan Designation: school for boys of up to 70 students. Open Space and Crozet Transect (CT) 1 Development Area Preserve Character of Property: The parcels subject Use of Surrounding Properties: The to the special use permit are part of Crozet building in which the school is located is Park. surrounded by recreational uses and parking. The nearest homes are located at the end of Hilltop Street and on Indigo Road, adjacent to the park to the north. Factor Favorable: Factor Unfavorable: 1. The private school will provide 1. Concern has been expressed by a expanded educational opportunities nearby resident that the school use to the community, located near would deter the public from using the residential areas. park. However, the recreational facilities of the park will continue to remain open for public use. RECOMMENDATION: Staff recommends approval of this Special Use Permit, with conditions. . STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: REBECCA RAGSDALE April 3, 2007 May 2, 2007 SP 2006-43 FIELD SCHOOL AT CLAUDIUS CROZET PARK Petition: PROJECT: SP 200600043 Field School PROPOSED: Middle School for boys of approximately 70 students max. to be located in the existing community building at Claudius Crozet Park. ZONING CATEGORY/GENERAL USAGE: RA -- Rural Areas: agricultural, forestal, and fishery uses; residential density (0.5 unit/acre) SECTION: 18.10.2.2.5 Private Schools COMPREHENSIVE PLAN LAND USE/DENSITY: Designated CT 1 Development Area Preserve for Parks and Greenways in the Crozet Master Plan. ENTRANCE CORRIDOR: No LOCATION: 22 acre parcel at Claudius Crozet Park, north side of Park St, 1500 Feet east of High Street TAX MAP/PARCEL: 56A2-01-72 and 72A MAGISTERIAL DISTRICT: White Hall Character of the Area: The park site is 22 acres and includes a community building, swimming pool, one acre lake, baseball and T-ball fields, soccer field, basketball courts, 2 large picnic pavilions, 2 new playgrounds and space for special activities such as the Crozet Arts and Crafts festival. The park community building is currently available for rental for private functions but there are no recreational programs planned for the building at this time. Surrounding the park site to the north and west are the Parkside Village and Hilltop/Myrtle neighborhoods. There are also some residences south of the park site, across Park Road. There is undeveloped property surrounding the eastern corner of the park site. Properties surrounding the park are zoned R2, R4, and R6 residential districts. Please refer to the attached location maps for more information. (Attachment A-Aerial, Attachment B-Zoning) Specifics of Proposal: The Field School of Charlottesville is requesting a special use permit for a private school, to allow a middle school for boys to open in the Fall of 2007 at Claudius Crozet Park. The school would use the existing one-story 80'x60' Community Building in Claudius Crozet Park for the initial 3-5 years of the school's start-up and would seek a more permanent facility as needed, based on growth of the school. (Attachment C-Concept Plan and Detail) The school would initially open with about 16 students and offer only Grades 5 and 6, then adding Grades 7 and 8 in the following two years of operation for a maximum school size of 70 students. The school would use the existing athletic fields of the park for recess and sports. No exterior construction or site work is proposed with this application. Some minor alterations are anticipated for the interior of the existing building. Hours of operation will be limited to regular school hours, typically 8:30-5:00pm. The school anticipates employing 8 teachers and staff. The school would be operating a bus to alleviate traffic. SP 2006-043 Field School PC 4-3-07 BOS 5-2-07 2 . . . Site History & Park QDeration: The park was zoned R2 Residential but rezoned to RA Rural Areas during the comprehensive rezoning in 1980. The site has been in use as a park for more than 50 years and the community building is possibly historic. SDP 99-093, the most recent site plan, was approved for additional ball fields and to allow overflow parking. Claudius Crozet Park, Inc. owns and operates the park in cooperation with the Albemarle County Department of Parks and Recreation. The Crozet Park board determines use of the community building and not the County Parks and Recreation department. However, County Parks and Rec. has a member on the Park's Board. The County has an agreement with the park, by which it is made available for public recreation and the County maintains the park grounds. Parks and Rec. has made comments relative to the special use permit, which are attached. (Attachment D) Parks and Rec. does not feel that the proposed use will have a negative impact on the public recreational use of the park, provided that the conditions of usage stipulated by Parks and Rec. are followed. These have been incorporated into the recommended conditions of approval for this special use permit. The County's agreement with Crozet Park includes covenants and restrictions as to uses allowed in the park which would not allow the private school use. These covenants and restrictions must be modified by the Board of Supervisors, should the special use permit for the private school be approved. The Park Board is currently drafting a proposed amendment to this agreement to allow the school use on a temporary basis. Conformity with the ComDrehensive Plan: CrozetAlasterPlan The Place Type & Built Infrastructure Map (inset below) does not designate the majority of the park with a land use color because it is existing open space. A portion of the park, in the northwest corner, is designated as CT2 Development Area Preserve. CT 2 areas are expected to be fairly restricted in terms of land use. However, the proposed school will make use of the existing park building and facilities and has the same land use designations as the exiting schools in Crozet, so the use would be consistent with uses recommended in the master plan. The Green Infrastructure Map (inset below) designates Crozet Park as an existing park and proposes greenway connections to the park. Establishing greenway trails (for pedestrians and bikes) from Lickinghole Creek Basin to Crozet Park and downtown is a priority in the master plan. The Field School is open to partnering with the greenways program to further trails shown on the Green Infrastructure map. SP 2006-043 Field School PC 4-3-07 BOS 5-2-07 3 Place Type & Built Infrastructure Map ,'.,1 -_. .... : ,. I 'n.'. , ~ .-......\ . I ... , ; -.' -'-0,; I.. I ..... Neighborhood Model The Neighborhood Model describes the more "urban" form of development desired for the Development Areas. This special use permit request is for a private school use within an existing building and no site development changes are proposed. As such, staff has not undertaken an analysis of its relationship to the 12 Principles of the Neighborhood Model, but notes that the park does serve as a neighborhood center so locating a school within the park would be consistent with the principle of Neighborhood Centers. Staff Comment: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance as follows: 31.2.4.1: Special Use Permits provided for in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, Staff does not anticipate any substantial detrimental impacts to adjacent property. The school will utilize existing facilities that can be shared by the several users, and the applicant has addressed potential traffic and parking impacts with the use of a bus. The proposed school will be limited in size to 70 students and compared to other uses of the park, will be fairly low intensive. that the character of the district will not be changed thereby and There will be no site development changes and new buildings on the property. The proposed private school will make use of the community building, which has always been available for use during the daytime hours that the Field School proposes to use the building. that such use will be in harmony with the purpose and intent of this ordinance, The purpose of the Rural Areas Zoning District is the 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. However, in this case, the Rural Areas Zoning is located central to a Development Area and the intent is to preserve the property for primarily park uses. Since the school will be using an existing building and park uses will be unchanged, the use is not in conflict with Rural Areas Zoning. SP 2006-043 Field School PC 4-3-07 BOS 5-2-07 4 . . . with uses permitted by right in the district, Park and public uses are permitted by right in the Rural Areas zoning district and the school use should not conflict with any other by-right RA zoning uses. As mentioned, the park is further limited in terms of land uses allowed by the restrictive covenant agreement with the County. with the additional regulations provided in section 5.0 of this ordinance, There are no additional regulations in section 5.0 that address private schools. and with the public health, safety and general welfare. The public health, safety, and general welfare of the community are protected through the special use permit process which assures that the proposed uses are appropriate in the location requested. The Building Official has verified acceptability of the structure for school use and the Fire Marshall offered no objection to the proposal. The Albemarle County Service Authority (ACSA) has indicated that the site is served by water and sewer and has noted that there is an outstanding dedication of waterlines that needs to be made. This dedication is important to ensure that lines are properly maintained and functioning, both for service at the site and fire protection. At present, since the lines have not been dedicated, the ACSA does not maintain them. Dedication of the water lines is a recommended condition of approval of this Special Use Permit. (Attachment E- Service Authority Comments) Access to Crozet Park is provided by Park Road (Rte. 1204), which ranges from 20.5 to 21 feet wide and has a maximum capacity of 1750 vehicle trips per day. Total trips on Park Road west of Claudius Crozet Park were 1600 ADT based on 2002 VDOT traffic counts. Potential traffic impacts to Park Road have been assessed with review of this special permit request and were also a concern raised by an adjoining property owner. Given the limited size of the school use requested and that a bus will be used to reduce car trips, there are no significant concerns with additional traffic impacts. The applicant has estimated that approximately % of the total enrollment of 70 students will ride the bus to the school. The Virginia Department of Transportation (VDOT) has indicated that site distance is adequate at the entrance into the park, but has also noted that, with future development that may occur in that area of Crozet, Park Road (Rt. 1204) will need to be further addressed. (Attachment F) SUMMARY: Staff has identified the following factors favorable to this application: 1. The private school will provide expanded educational opportunities to the community, located near residential areas. Staff has identified one factor unfavorable to this application: 2. Concern has been expressed by a nearby resident that the school use would deter the public from using the park. However, the recreational facilities of the park will continue to remain open for public use. SP 2006-043 Field School PC 4-3-07 BOS 5-2-07 5 RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of Special Use Permit 2006-043 Field School, with the following conditions: 1. Maximum enrollment shall be 70 students. 2. Hours of operation for the school shall be from 7:30 a.m. to 6:00 p.m. 3. The school is limited to existing buildings and park grounds, as indicated on the concept plan (Attachment C). Any additional building or site changes for the school use will require an amendment to this Special Use Permit (SP-2006-00043). 4. Prior to issuance of a Zoning Clearance for the private school use, water line dedications to the satisfaction of the Albemarle County Service Authority are required. 5. The playgrounds and the park grounds, with the exception of the Community Building, will remain open and available for public use during the hours of school operation. 6. The athletic fields at the park shall not be available for the school's use after 4pm on weekdays and shall not be available on weekends. 7. The athletic fields shall not be available for school use when closed by the Department of Parks and Recreation for inclement weather, overuse, fields restoration, routine maintenance, prescheduled conflicting public use, etc. ATTACHMENTS Attachment A - Aerial Map Attachment B - Zoning Map Attachment C - Concept Plan Attachment D - Parks & Recreation Comments, E-mail from Pat Mullaney to Rebecca Ragsdale, dated January 24, 2007 Attachment E-Albemarle County Service Authority Comments, Memo from Gary Whelan to Rebecca Ragsdale, dated January 15, 2007 Attachment F-Virginia Department of Transportation Comments, letter from Joel Denunzio, PE to Bill Fritz, dated January 26, 2007 Attachment G-Adjoining Property owner concerns and objection, letter from Emil Groth to Rebecca Ragsdale, received February 16, 2007 SP 2006-043 Field School PC 4-3-07 BOS 5-2-07 6 Attachment A -< .... ~ 1 tt! .... I .... ~ -< f f s j~ JIll ! fl I f I I I J I I II OJ I I 0 I I. I 0 il B'N i~~~ ~ftlElb ~H~ 0. .;\ ~ ~~ J <1z I If 1 I I JdJJI ~... cu 'i: (1,): ~ - o 0'" -'= (J U) "C - (I,) LL (II) ..,. co o o N '"~ a.. U) I Attachment B = .. = . .. .. < I i ~ r t 6 j ~ J f J h OJ a ! I I J J I J j I I J I I ! I I I , j 1 I I I f J .. ....1...r::.... 1 f 1 J J I J . I j ! ..rn., il .~ '" ~~l:j ...",!::l ~1l~", ~~~~ <> .;1) ~ I~ I <{z J ! 1 I J I 1 f j ] J I I j j t 11011_10 Q. ns :!E C) s::: .- s::: o ~ - o o .c: CJ U) "C - (I) .- LL. ('t') 'lilt o . UL _ o -=--~ o N C. U) ~ . I ~ttachrnent C I _ ~ ~ i: cl: -w ~ ~ U ~ ] ] J! ~ U . -w ~ - 8 -D U} ~ Ib I.C:: Ib ~ .----- ! /' 0.; ,/' //'/ ;/// !~ / ~ i r !! I I ~ I I ~ o . I I ~ l ~~ ~~ -0 -[ J --, : -.. ::=:---1 [-=-__-1 ! ~ .....- a : -_.~ 1: r.~~~ . I 11 I :-.-=- - o 't ~ ~(S~~~ \,- (J \3 ~ ~ "-'--- ..s:::. I\) " -::: 11\ \.) ~ ~ ~ 'U If'''\ ..I:: _ ;-S::\J)Il'I't) \-.,:: ~>< I\} I\} ~ ~ Il'I ~ ~ ~ C\1 ~~ S (J -\...:> - ~S tG~ - ~~ S (J -\...:> - ~S tG~ CJ "t ~I~- tJDlJ Il'I _- I\) - ~ 6ildD Il'I --- ~ tJ d)] , t l!) Q-~. QdlJ lJ .-..-- ---.~~ -,,,, ..." '"" '\ \ \ \ " / / ~ ~ 10'> c E ~ .a~ ~~ CJ ~ Attachment C ~ ~ ~ o : , , @ 8 \0 . . . Attachment D From: Pat Mullaney Sent: Wednesday, January 24, 2007 4:04 PM To: Rebecca Ragsdale Subject: Field School Use of Crozet Park We have reviewed the Field School request to use Crozet Park. We do not feel that this use will have a negative impact on the public recreational use of the park with the understanding that: . the athletic fields at the park will not be available for the school's use after 4pm on weekdays and not available at all on weekends. . the athletic fields will not be available for use when closed by the Department of Parks and Recreation for inclement weather, overuse, field restoration, routine maintenance, prescheduled conflicting public use, etc. . the playgrounds and the park grounds, with the exception of the Community Building, will remain generally open and available for public use during the hours of school operation. It does appear that the Restrictive Covenant Agreement would need to be reworded to allow this use. Finally, there is a positive aspect of this use from a recreational standpoint. The Crozet Park Board is solely responsible for all expenses related to the swimming pool operation and also pays the utility expenses for the Community Building along with other expenses not covered in the County's routine maintenance of the grounds. This use will generate revenue to help defray some of those expenses allowing more funds to be invested in the park which will benefit the Community and potentially reduce the level of additional County funding required. l t file://C:\Documents and Settings\rragsdale\Local Settings\Temporary Internet Files\OLK2... 3/23/2007 Attachment E TO: Rebecca Ragsdale FROM: Gary Whelan, Civil Engineer DATE: January 15, 2007 RE: Site Plan Technical Review for: Field School TM 56A2-1-72 & 72A SP 2006-00043 The below checked items apply to this site. X 1. This site plan is within the Authority's jurisdictional area for: X A. Water and sewer B. Water only C. Water only to existing structure D. Limited service X 2. An 8 inch water line is located on site. X 3. Fire flow from nearest public hydrant, located on site is 5056 gpm +/- at 20 psi. X 4. An 8 inch sewer line is located on site. 5. An Industrial Waste Ordinance survey form must be completed. X 6. No improvements or obstructions shall be placed within existing or future easements. 7. and plans are currently under review. 8. and plans have been received and approved. 9. No plans are required. 10. Final and plans are required for our review and approval prior to granting tentative approval. 11. Final site plan may/may not be signed. 12. RWSA approval for water and/or sewer connections. Comments: Final dedication of Crozet Park Water required. The site plan does not show or incorrectly shows: meter locations waterline locations sewer line locations easements waterline size sewer line size expected wastewater flows expected water demands t'l-- . . . Attachment F David S. Ekern, P.E. COMMISSIONER C()MMONWEAL T~l ()F VIRGINIA DEPARTMENT OF TRANSPORTATION 1601 Orange Road Culpeper, Virginia 22701 VirginiaDOT.org January 26thth, 2007 Mr. Bill Fritz Dept. of Planning & Community Development 40 I McIntire Road Charlottesville, VA 22902 RE: Special Use Permits and Rezoning Submittals Dear Mr. Fritz: Below are VDOT's comments for the January 2007 Rezoning and Special Use Permit applications: SP-2006-00043 Field School (Rebecca Rae:sdale) . Sight distance is adequate at the entrance. . Rte. 1204 to the west of the site before rte. 240 has some below standard curves in the road that may need to be addressed in the future with development. SP-2006-00044 Avemore Commercial- Amendment (Rebecca Rae:sdale) . No additional traffic will be generated with the amendment and no work to the existing roads is proposed. . No comments are necessary from this office for the change. ZMA-2006-00021. Avemore Commercial- Amendment (Rebecca Rae:sdale) · No additional traffic will be generated with the amendment and no work to the existing roads is proposed. . No comments are necessary from this office for the change. ZMA 2006-00022. The Commons at Albrecht Place (Sean Doue:hertv) · This Code of Development does not conform to the Places 29 plan. . Only one entrance for this site will be permitted. · A traffic study will need to be done. Please ask the applicant to contact the VDOT Charlottesville Residency to schedule a scoping meeting for the traffic study. is If you have any questions, please let me know Sincerely, Joel DeNunzio, P.E. Residency Program Manager VDOT Charlottesville Residency IIf . . . Attachment G Emil Groth 3015 Indigo Rd Crozet VA 22932 Rebecca Ragsdale Senior Planner Planning Division County of Albemarle 401 Mcintire Rd Charlottesville VA 22902 Re: SP 2006-043 Field School Tax Map Parcels 56A2-01-72 and 72A Dear Ms. Ragsdale; With regard to the pending Special Use Permit Application for the Field School, I would like to note the following issues and concerns: Crozet Park operates under a restrictive covenant on the property providing that: the entire "Park shall in perpetuity be used only for park and recreational purposes which may include any lawful activities such as festivals, carnivals, concerts, celebrations and other community related entertainment uses that have historically been allowed at the Park and shall be open for public use unless the County and Crozet Park jointly agree otherwise. This restrictive covenant shall run with the land for the benefit of the citizens of the community of Crozet and Albemarle County, Virginia and shall be enforceable on their behalf by the Albemarle Board of County Supervisors." Deed Book 1601 page 100. The proposed use of the park building as a private school is inconsistent with this restrictive covenant. I live in a home adjacent to the park and I have observed that park grounds are used during the weekday school hours for recreational purposes by parents with young children and by active adults, such as myself. My concern would be that the use of the park building and related outdoor facilities by seventy middle school boys would tend to discourage use of the park facilities and grounds by the public, especially families and seniors. Further, by having a private school operate in the facility, other recreational uses of the building would be precluded. Although the Park Board has not recently sponsored such uses, just IS- off the top of my head, I could think of several uses of that building that would be more consistent with recreational purposes of the park such as a pre-school playgroup room for inclement weather, space for exercise/dance classes conducted by Parks and Recreation; or space for senior citizen meetings/ games/ activities. In addition, there is only one entry/exit road from Crozet A venue/Rte 240 to the Park and the surrounding neighborhoods. These roads are quite busy during morning and afternoon hours with school buses and commuter traffic. Adding additional buses and incoming traffic would increase the burden on these local roads. For these reasons, I believe the special use permit should be denied. Thank you for your consideration in this matter. Emil Groth I~ Albemarle County Planning Commission April 3, 2007 The Albemarle County Planning Commission held a meeting and public hearing on Tuesday, April 3, 2007, at 6:00 p.m., at the County Office Building, Auditorium, Second Floor, 401 Mcintire Road, Charlottesville, Virginia. Members attending were Bill Edgerton, Jon Cannon, Eric Strucko, Pete Craddock, Calvin Morris, Vice-Chairman and Marcia Joseph, Chairman. Duane Zobrist was absent. Julia Monteith, AICP, Senior Land Use Planner for the University of Virginia was absent. Other officials present were Wayne Cilimberg, Planning Director; David Benish, Chief of Planning; David E. Pennock, Principal Planner; Amelia McCulley, Zoning Administrator/Chief of Zoning and Current Development; Allan Shuck, County Engineer; Jack Kelsey, County Transportation Planner; Pat Lawrence, Planner; Summer Frederick, Planner; Sean Dougherty, Senior Planner; Rebecca Ragsdale, Senior Planner and Greg Kamptner, Deputy County Attorney. Call to Order and Establish Quorum: Ms. Joseph called the meeting order at 6:06 p.m. and established a quorum. Public Hearings: SP-2006-043. Field School (Sian #35. 36. 39) PROPOSED: Middle School for boys of approximately 70 students max. to be located in the existing community building at Claudius Crozet Park. ZONING CATEGORY/GENERAL USAGE: RA -- Rural Areas: agricultural, forestal, and fishery uses; residential density (0.5 uniUacre) SECTION: 18.10.2.2.5 Private Schools COMPREHENSIVE PLAN LAND USE/DENSITY: Designated CT 1 Development Area Preserve for Parks and Greenways in the Crozet Master Plan. ENTRANCE CORRIDOR: No LOCATION: 22 acre parcel at Claudius Crozet Park, north side of Park St, 1500 Feet east of High Street TAX MAP/PARCEL: 56A2-01-72 and 72A MAGISTERIAL DISTRICT: White Hall STAFF: Rebecca Ragsdale Ms. Ragsdale summarized the staff report. · This is a special use permit request for a private middle school for boys. It is requested to be located in an existing community building in Claudius Crozet Park. The park is owned by Claudius Crozet Park and is managed primarily by the Park Board. The applicant is the Field School. The County has a relationship with the Park Board and a partnership with the Park. It is not an entirely public entity and there are folks here representing the Park both from County Parks and Recreation, the Park Board and the applicant so that they can try to clear up any confusion that may have come up around that and expand a little more about the relationship that the County has with Crozet Park. · It is a request for up to 70 students starting out with just fifth and sixth grade and then expanding. She displayed an aerial of the park. The park properties were outlined in the yellow central to the residential areas adjacent to Crozet Park where Parks ide Village is and the established Hilltop neighborhoods. To access the park from Crozet Avenue coming down Tabor and Park Road is the main access point in the park. The property is zoned Rural Areas. It is a doughnut of Rural Area surrounded by residential zoning. · The Master Plan designations for the park recognizes that it is primarily a park use designated as open space and then CT-1 and 2 and then the green infrastructure map emphasizes the park is a major focal point and greenway with trails leading to it. ALBEMARLE COUNTY PLANNING COMMISSION - APRIL 3, 2007 PARTIAL DRAFT MINUTES - SP-2006-043 FIELD SCHOOL · The red outlines area is the primary area that Field School will occupy. The Field School is proposing to use the existing community building and not make any major modifications, given the temporary nature of it. It will be something that can be tucked away if the building is used for something else on the weekends and that sort of thing. The layout shows the pool, parking layout and the pavilions. She pointed out the sketch provided by the applicant to show primarily where their activity for the private school during the day would be located and where bus parking would be provided. Also, it shows that there is adequate turn around for a bus to be used. · The hours of operation will generally be school hours with after school care until 6:00 p.m. There are conditions that address the Field School use of the facilities based on Parks and Recreation comments allowing the recreational fields to be used. She showed a photograph of the community building. · In summary, staff has received some public comments both favorable and unfavorable. The Commission has seen some of the em ails and concern expressed by residents of deterring public use of the park and taking away a public facility. Then some of the factors favorable includes that it is an additional educational opportunity in the community within walking distance of the residential areas. · In the review of the special use permit, staff focused primarily on the intensity of the use proposed and not necessarily on some of the broader policy questions as to the public/private use of the park that have come up in public comments. Based on the small scale use of the park staff did not have any concerns with any of the impacts to be addressed. Staff did recommend approval in the staff report with conditions limiting the number of students, the hours of operation and limiting the use on the park grounds. One condition to note is some outstanding water line dedications with the Service Authority. It also recognizing in the conditions that this use is unique because it is not entirely a public park. A unique partnership with the County is that there is a restrictive covenant agreement that the County Board of Supervisors approved that does not actually allow this school use. So there is another step with the County and the Park Board to allow this private school use in the park. So staff is recognizing that in the conditions of approval. · As noted earlier, there are representatives here from County Parks and Recreation and the Park Board as well that may be more appropriate to answer some of the questions that the Commission might have in terms of specific usage and of the Park Building and who has primary control of what, whether it be Parks and Recreation or the Crozet Park Board entity. Ms. Joseph asked if there were any questions for staff. Mr. Morris asked would the school be available for public use every evening after that 6:00 p.m. close down as well as on the weekend. He asked if the school folks were going to have to vacate virtually everything. Ms. Ragsdale replied yes, the school would be limited to the hours of operation as the school functions that are listed on the special use permit. Then generally it would be available for public use or any other sort of meetings in the evenings and weekends. Mr. Strucko asked if access was restricted from the soccer field, the two ball fields, the pool and the playground. He asked if the school was going to use those facilities at any point under this proposal. Ms. Ragsdale replied that the school would use some of the fields for recess. The school will not be restricted from using the park grounds at all. ALBEMARLE COUNTY PLANNING COMMISSION - APRIL 3, 2007 PARTIAL DRAFT MINUTES - SP-2006-043 FIELD SCHOOL 2 Mr. Strucko said that even during the day when the school is in operation these residents may compete with the students of the school for use of these facilities. Ms. Ragsdale noted that there are two playgrounds and there are multiple playing fields. Given the size of the school there is room enough for everyone basically is what she meant. Mr. Strucko asked if there would be 70 students potentially. Ms. Ragsdale noted that staff left that to Parks and Recreation to advise us on whether or not there would be over use of the park or whether the park grounds and community recreational needs could be met with the school at maximum capacity. Based on the information that they have the park is not over used now during the week days and the school year. The community building is somewhat under utilized and the park is looking for other uses. Ms. Joseph noted that Tim Hughes was present from Parks. Mr. Strucko said that he just wanted to get his facts straight first. He asked if the SOCCER Organization have an agreement with County Parks and Recreation to use that field for the adult soccer field located behind this building. The Peach League Little League uses the ball fields, T-ball fields and the two standard ball fields. If there was an event held during the day would they potentially compete with the school for use of these facilities. Ms. Ragsdale said that basically they were saying that all of those uses would take precedence over and that they would have priority access to the areas. She was not certain of the detailed scheduling with the different organizations that use the playing fields and which fields they are using. But, she understands his comments about potential conflicts in the future if they have the school there and they are playing and somebody else shows up to use a particular field. They are trying to avoid those types of conflicts as much as possible. The school has been working with the Park Board and Parks and Recreation to anticipate that sort of thing and the Field School going in with clear understandings of what would be available and what would not. Mr. Strucko asked if there would be no improvements to any of the physical space as a result to this agreement and no improvements to the parking, pavement or the cinder block building itself. Ms. Ragsdale noted that the Building Official has said that the building is adequate and can be used as a school. Mr. Cannon asked staff if there is a restricted covenant applicable to the park. Ms. Ragsdale said that the restricted covenant expressly allows recreational and entertainment uses that was approved by the County. Mr. Cannon asked if the covenant is between the County and the owner of the park. Ms. Ragsdale replied yes. The County Attorney's Office was very involved in that. A copy of the covenant was not included in the packet. Mr. Cannon said that he was trying to get an idea of what it involved. He asked if the County does not own the land. Mr. Kamptner replied that Claudius Crozet Park Incorporated owns the land. As part of the County's contribution of about $200,000 in 1997 the park and County entered into an agreement, which was recorded as a restricted covenant that was designed to make sure that the park lands were used for primarily recreational uses, but also entertainment uses. Mr. Cannon said that for return for the money that the County contributed to the maintenance of the park the owners of the park agreed to restrict its use to certain uses. He asked if that was correct. ALBEMARLE COUNTY PLANNING COMMISSION - APRIL 3, 2007 PARTIAL DRAFT MINUTES - SP-2006-043 FIELD SCHOOL 3 Mr. Kamptner replied that was correct. Mr. Cannon said that those uses did not include schools. He asked if it specifically excluded a school use. Mr. Kamptner replied no. The document states that the park is to be used "only for park and recreational purposes, which may include any lawful activity such as festivals, carnivals, concerts, celebrations and other community related entertainment uses that have historically been allowed at the park and shall be open for public use unless the County and Crozet Park jointly agree otherwise." Mr. Strucko asked if that agreement was part of a financial arrangement between the County and the Park in terms of maintenance and other things. Mr. Kamptner replied that Tim Hughes was nodding his head yes. Ms. Joseph invited Tim Hughes to come forward and respond to the questions. Tim Hughes, Athletic Supervisor for Albemarle County Parks and Recreation, replied that the covenant was brokered by our Director, Pat Mullaney, back in the 90's. The purpose of the covenant was when Crozet Park started to build a new pool they were financially short and came to the County and asked for help to build the swimming pool. In exchange for that the County saw an opportunity that if they could get a restrictive covenant put in the deed and they would allow us to develop the open space into badly needed athletic fields for that area. The County currently maintains all of the athletic fields. Mr. Strucko asked if the County built the T-ball field in the lower baseball field. Mr. Hughes replied that the County developed all of the athletic fields. Mr. Strucko asked if the County maintains pavilions 1 and 2. Mr. Hughes replied that the County does not. The County maintains all of the athletic fields, which includes the soccer field. They do not maintain the pool or spend any money on the pool. Mr. Strucko asked if there was a fee for use of the pool. He asked if there was a financial arrangement between the Field School and Crozet Park pending this. Ms. Ragsdale replied that there is. Mr. Craddock noted that years ago the Indians used Crozet Park for a weekend festival. He asked if they still do that. Would any groups like that be restricted to using the park if the school is there? With the school's 50 or 60 children along with the parking mean that they can't have a festival going on during the day. Mr. Hughes replied that the Crozet Park Board could answer that better because they actually take care of those arrangements when they have other activities other than the athletic activities. But, historically those events have been on weekends. So it should not be a conflict with any other public or recreation use. Mr. Craddock asked if the school would operate on a similar school year schedule like Albemarle County's Schools and will not be operated during the summer. Ms. Ragsdale replied that was correct. Mr. Strucko asked what hours of operation are proposed: ALBEMARLE COUNTY PLANNING COMMISSION - APRIL 3, 2007 PARTIAL DRAFT MINUTES - SP-2006-043 FIELD SCHOOL 4 Ms. Ragsdale replied that it was 7:30 a.m. to 6:00 p.m. to include both before school staff and the after school program. Mr. Strucko asked what time the Peach League Little League practice starts. Mr. Hughes replied that practice generally begins at 5:30 p.m. Mr. Strucko noted that there would be a % hour overlap with the traffic going in for practice with the school operation. Ms. Ragsdale said that the school may have, as they describe, students there that are getting picked up and staff. But, condition 6 says specifically that the athletic fields are not available for the school's use after 4:00 p.m. Mr. Strucko said that currently the parking there is difficult with the use of the athletic fields. In fact, the open space close to Park Street doubles as a parking lot. Ms. Joseph asked if there were any other questions for Mr. Hughes. Mr. Edgerton said that regarding Mr. Strucko's earlier question it has been represented that there is not any concern from the Parks and Recreation about competing for use of athletic facilities. He asked if that is correct. He asked if they feel threatened by having 70 children there. He was a little confused by the representation because staff's drawing with the red box around it was pretty clear, but that is really not what is being asked for. They are intending to use all of those athletic fields during the day. He asked if Parks and Recreation have programs during the school year that would have to be compromised because the school would have the first option for the use of those fields. Mr. Hughes noted that the County does not have any organized activity programs that would conflict between the hours of 8:00 a.m. and 4:00 p.m. Mr. Edgerton asked if occasionally the children of the neighborhood go out there and have a pick up game. Mr. Hughes said that he was sure that there are probably pre-school aged children that use the playgrounds and the fields some during the day. Mr. Edgerton asked if they know how much use that involves. Mr. Hughes replied that while maintaining the fields their maintenance crews have said that occasionally they have seen a mom and 3 or 4 children on the playground and the T-ball field. Therefore, it appears that is a minimum use. Mr. Edgerton asked if the playgrounds would be used by the school. Ms. Ragsdale replied that the school would have access to the two playgrounds. But, these are middle school boys. Mr. Strucko asked if they anticipate an increase in the maintenance budget for maintaining these fields with potentially 70 middle school aged boys using the facilities. Mr. Hughes replied that if they were just using them in a manner consistent with a regular P.E. class they would not anticipate a huge jump in their maintenance budget. There being no further questions for Mr. Hughes, Ms. Joseph opened the public hearing and invited the applicant to address the Commission. ALBEMARLE COUNTY PLANNING COMMISSION - APRIL 3, 2007 PARTIAL DRAFT MINUTES - SP-2006-043 FIELD SCHOOL 5 Dr. Todd Burnett said that he was opening Field School, which was a boy's middle school inspired by the model of Village School for girls. · There will be 16 students each in grades 5 through 8 starting in 2007 with grades 5 and 6 and adding grade 7 and 8 the following 2 years. The Village School has been very successful in providing something that our public schools can't as a single sex middle school education providing all of the benefits associated with learning that focuses on girls. His efforts for Field School have been inspired by the many parents that he has met in this area over the years that have encouraged him to start this school for boys. Their mission is to develop well rounded boys of character and accomplishment. He thanked all of the Board members, parents and supporters who came out tonight to support the Field School request. With the County's approval, they plan to establish the school next year at Claudius Crozet Park in their community building. · He thanked Bryan Campbell and Kelly Strickland, particularly of the Park Board, and the entire Park Board for their support. The park is a private community organization opened under the public under the approval of the Crozet Park Board. He went to the Park Board back in the fall and told them what he was interested in doing. The Park Board liked what he was proposing, particularly since he embraced the idea of their students helping out by volunteering in the park at the Arts and Craft Festival in the spring and fall. The students would also assist in maintaining the appearance and up keep of the park. In addition to those benefits they will also provide annual rental income to the park. They intend to make two minor improvements to the building. One is to put a wood floor in to improve the appearance inside and possibly cut down on some of the noise. They also want to put in 6 to 8 skylights to bring natural light into the middle of the building. · They are making this petition with certain efforts to minimize impact there. It is going to be a small school. They will start with a maximum of 32 students. It will probably be more like 20 students next year. They will slowly building, but get no larger than 70 students. If they are in Crozet for 5 years and they grow at the same rate that the Village School did they will have an average of 42 students over the 5 year period. They will only be operational during the school day and during the school year when the community building is literally unused. According to Bryan Campbell, who manages the park operation for the Board, he could not remember a single rental of the building during this time period over the past 5 years. Field space will be generally available to the public, which is one of the recommendations in the staff report and not available to the school after 4:00 p.m. weekdays or at all on the weekends. They are doing what they can to minimize traffic. Most of the students will be coming from Charlottesville and will ride the daily shuttle bus that they are going to drive in and out everyday. He runs a camp in town called Field Camp, which is run at Camp Albemarle. He takes a daily shuttle out from the A.L.C. Copies Building to Camp Albemarle in Free Union. Three- quarters of the children, which he has 50 to 55 everyday in the summer, take that shuttle. They will probably have about the same number who will take the shuttle out to Crozet every day. Assuming that three-quarters of the children ride the shuttle every day that leaves an average of about 22 additional parent car trips each day with 11 in the morning and 11 in the afternoon per school day over the 5 year period. He understands from the staff report that there are 1,600 average daily trips there on Park Street. Therefore, he would add 20 on average to 1,600, which he did not think was very much. · As part of their agreement with the Park Board they will build classrooms that can be broken down whenever any community group needs the building on the weekends or in the evenings. They will get in the habit of breaking down their classes and putting them in the corner whenever someone wants to use the building. They embrace the opportunity to do that. As part of his camp they have a lot of things that they do as active hands on learning. Therefore, that actually appeals to him as an educator. It will be a temporary home. The Park Board and Field School have reached an agreement for their ALBEMARLE COUNTY PLANNING COMMISSION - APRIL 3, 2007 PARTIAL DRAFT MINUTES - SP-2006-043 FIELD SCHOOL 6 first year, which will be re-evaluated on either side each year. He hopes to be there for 3 to 5 years before moving on to another space. · They plan to be good neighbors. The school will teach values everyday to include respect, honesty, compassion, duty and fairness. They will do that in a variety of ways. They plan to give responsibilities to the students and then follow up with them. That will be done through their work program. He intends to impress upon the students the importance of being a good neighbor. When he learned about this he set up a meeting at the Crozet Fire House. He attended a meeting at the Crozet Community Association. He put flyers in all of the homes in the area. He set up meetings to alleviate the concerns of neighbors and community members. He had one person show up at his meeting. He has been able to develop an excellent relationship with Camp Albemarle through his summer camp, Field Camp. He knows that they appreciate their use and their excellent stewardship of that facility each summer. He fully intends to develop the same relationship with all of the people of the Crozet community and with all of their neighbors through service, good behavior and attention to their concerns. He hoped that they would be welcomed in the same spirit of friendliness, trust and social ability by their neighbors. · They are asking for a special use permit to allow for education in a space that is meant for park and recreational purposes. It has been very difficult to find a site for the school because he thought given their population that they needed immediate access to outdoor recess space. He felt that it was difficult to separate those ends, recreation and education. In fact, he would bet that there is a substantial amount of education going on in the park right now through the Little League and Soccer Programs. If they are doing their job well they are educating those young people about values such as preparedness, timeliness, hard work, team work, determination and sportsmanship. All of those things are being taught in a recreational context. · In sum, they have the support of the Park Board. They are providing a variety of benefits to the community and are making every effort to minimize impact there. They are using the space in the building, which has been dormant for the past 5 years during the time that they are proposing to use it. It is proposed only for current non-use hours that will minimally affect the opportunities for other groups to use the buildings. He hoped that the Commission would grant them the opportunity to start the school in this location next year. Ms. Joseph asked if there were any questions for the applicant. Mr. Edgerton asked what the intended use would be for the pavilions. Mr. Burnett replied that he did not have any intention to use them. It would be nice to be able to go outside on a rainy day and use those places. He could see using the basket ball court the most and any of the field space. He appreciated the concern about taking care of the field as well. That is very important. The children need recess time. They will not touch the jungle gyms. The students are too old for that. Basically, he saw children throwing a football around or a playground ball on the ground. They will have a 20 minute recess in the morning, a 10 minute recess after lunch and then the sports hours will go from 2:45 to 3:45 p.m. The after care will be a situation where children will drift away. The shuttle bus will leave, but there will not be a lot of children left that will create a large impact. Mr. Strucko asked what the school's parking requirements would be during operation. Mr. Burnett replied that the capacity would be about 8 cars during the day for the teachers plus the bus. Otherwise, he envisioned parents dropping off the children and leaving. Most of the children will be taking the shuttle bus. He has noted about 60 to 100 cars at the park in the evening. They might add a few cars to that, but not many. ALBEMARLE COUNTY PLANNING COMMISSION - APRIL 3, 2007 PARTIAL DRAFT MINUTES - SP-2006-043 FIELD SCHOOL 7 Ms. Joseph invited public comment. Emil Groth, resident of Crozet, said that the Commissioner's questions are relevant and important to approving this. He was retired and moved to the Parkside Village home, which is directly across from the park area for recreational use. He has young children and likes to go to the park. The Charlottesville Field School might be a good school and might be a good idea, but not here. He has nothing against the school. The problem is that it is not a good recreational or park use. The park is intended for the recreation use. There is an existing deed that places restricted covenant on the land in perpetuity. That means forever and not to be necessarily written off. If the covenant restrictions can be negated like that, then other portions of the County are questionable. Even our homeowner's association has a property that was deeded over to the park with a restricted covenant. Therefore, that also may be in question. In the report there was a traffic study that was done, which indicates certain numbers. But, that traffic study was done 5 years ago in 2005. Parkside Village was not there. West Hall, which is a new development, will definitely increase the use of those roads. There is only one road that comes in from Tabor Street. There is just that one exit through Tabor Street. In terms of the water and sewer lines needing to be dedicated, he was not sure what that involves. But, if it needs to come into compliance and it needs to be worked on, then who is going to pay for that. Is the county going to pay for that again? The County has contributed a lot of money to the park already and maintains the park essentially. Or is it going to be the Park Board? That is something to think about. The use of the Park building for the school is not a recreational use. The suggestion that they will be able to break down class room walls to make the building available for other activities he has a bit of a problem dealing with that suggestion. There is a possibility for using the building for senior citizens, games, exercise and play gym for pre-school. These are more in line with what the Park is suppose to be used for. If the Park grounds are used there is some discouragement to use the park by the young children. If the green way opens up they are looking at running and bicycling with hopefully more people using the park for recreational use. The question is would the Planning Commission allow a private boy school in the County park. If not, why. It would reduce the accessibility for recreational use. He asked that the Commission consider all of the things mentioned. He asked that the Commission not approve this because this is the only recreational area in the Crozet area that is available to his neighborhood. Kelly Strickland, a member of the Board of Directors of Claudius Crozet Park, said that he was present to speak as a resident of Crozet and as a neighbor. He respects Mr. Groth's comments. They have had a lot of conversations and discussions among the park board along the same lines. · He asked to give a brief history of Crozet Park. The Crozet began in 1960. It was originally part of the Rosengrant's property. They still have members of the Rosengrant's family on the Board of Directors. When the pool, which was built in 1965, got very old in 1995 and needed to be replaced they raised around $200,000 in Crozet to replace it. They did not have enough money and the county came in and helped them out to pay for the remainder of that. In exchange that is when the covenant came to be in keeping the park in perpetuity. · The Park Board is represented by members from the local schools, the churches, White Hall Puritans, the Community Association, the Crozet Lion's Club, the volunteer Fire Department, Crozet Women's Club, the Crozet Advisory Council, Rescue Squad and Albemarle County Parks and Recreation. The activities hosted in the park include Peach Tree Baseball League, SOCCA, the Crozet Gators Swim Team, etc. They have 22 acres of open space in the park, including a fishing pond. · Events they host are twice a year their annual fund raiser is the Crozet Arts and Crafts Festival. It is on May 11 and 12 this year. The Firemen's Fourth of July carnival has always been hosted in Crozet Park. This year the Crozet Fire Department is not actually doing a carnival. They are in the progress of making plans to have a big party in the park that the firemen will host. They are trying to get the fireworks to stay there with it as well. That is in the planning stage. The City Parks and Recreation hosts a summer camp for 2 weeks every summer. They use the community building for the summer camp. They rent the building and the entire park to groups and organizations among other things. ALBEMARLE COUNTY PLANNING COMMISSION - APRIL 3, 2007 8 PARTIAL DRAFT MINUTES - SP-2006-043 FIELD SCHOOL They have lots of projects on their schedule that they would love to get to. Next week they are going to start on renovations to the Arts and Crafts Festival grounds. They have a new director for the festival. The last 2 falls they have been rained out, which hurts the revenue for the Park Board. That is a big project of about $35,000. They want to improve the basketball courts and turn them back into basketball courts. Right now it is functioning as a parking lot, which is literally never used. · The community building is their big gray elephant in the middle of the park. They have spent money on the building and have been looking for a good use for the last 5 years. They have been trying to find a year round use to include the winter months when there is no one in there. They are existed about the opportunity to use the building at least temporarily as a school while they keep exploring ideas for other uses of that building that would be consistent. · A recent project came before the Commission last year in the Lewis and Clark Observatory Center in Darden Towe Park. That is a similar example. The difference is that this proposal does not have a site plan, a new building and everything associated with it. This is just using an existing building, which needs to be used in a park. They are very concerned that the use of that building does not cause any detriment to any of the existing uses in the park. They are confident that the conditions recommended will provide for that. Brian Campbell, a member of the Park Board, said that he was also a member of the Pool Committee. He has 3 daughters and lives about a quarter of a mile away from the park. In fact, his daughter used the park building for her birthday party this year. If the school was here they would still be able to use it. One of his primary functions with the Park Board is the rental facility. The rental facility is virtually unused. It has been one of things that they have been looking for something to bring some activity to the park. When the summer is here it is flowing with activity. When the off season comes it just dies. They are looking for something to do. In 2006 they had 7 rentals. As Mr. Strickland said for the past few years they have been trying to find something else that they can do in this building. They have talked with the YMCA who is doing a study right now to see if it would be feasible to bring in a remote facility there. The County has told us that they will not be ready to help us out there until 2012 when it is in their plans. The bottom line is that this is a win/win situation. They have a facility that is not used. As the Park Board they are not going to sacrifice any uses just to force this through. This school is a great plan. This facility is not utilized at all. The building closes down from December to May. They turn off the water, heat and lock the doors because of the lack of use. The fields don't get used during the winter time. This is going to be something on a temporary basis that is actually going to bring people. If there is a use on a week day evening the building will be cleared and it will be available for use. That will be true for any weekend use. The Park Board has to approve any use of the facilities. He asked that the Commission approve the request. Kelly Hunt, resident of Crozet, said that she was a mom of preschool children that uses Claudius Crozet Park. She could not think of a better use for this space. If ever there was a population of children that needed another opportunity for some kind of education it is fifth and sixth grade boys. As a resident of Albemarle County she was excited about the possibility that there was just one more place that boys can get an education. This will give parents another option for educating their young boys. She liked what Mr. Burnett had to say. As the mother of a 6 year old boy she was pleased to think that possibility might exist for him some day. Stephanie Saderly stated that her 11 year old son would attend Field Stone School next year. They were very excited about the school and what it offers to these young boys. Basically she wanted to reiterate what everyone else has said. She felt that Albemarle County needs a single sex day school for boys. It is affordable and it caters to their special needs. They need to be outside, active and to be moving. This building seems to provide Field School with what they need to provide the type of environment that boys will thrive in. This is a small school that will provide transportation with a bus that will bring in most of the students. There will be about 20 students to start off with. The bus will provide for less traffic on the ALBEMARLE COUNTY PLANNING COMMISSION - APRIL 3, 2007 PARTIAL DRAFT MINUTES - SP-2006-043 FIELD SCHOOL 9 grounds. They will be using the bus that will be coming in from Charlottesville. She asked that the Commission approve the request. Mr. Saderly thanked Mr. Burnett for bringing this opportunity to the community for those who need it. He supported the school's mission. He asked that the Commission approve the request. There being no further public comment, the public hearing was closed and the matter before the Commission. Mr. Edgerton asked Mr. Kamptner for assistance. There have been several representations through emailsandlettersthatthiswouldnotbelegaltochangetheuse.Mr. Kamptner read some of the covenant language earlier. If he heard it correctly the description of all the activities that could occur in the park could be adjusted by mutual agreement by the county and the Park Board. He asked if that was correct. Mr. Kamptner replied that the covenants would need to be amended to allow this use. The county's primary concern back in 1970 that would continue would be that the park as a whole would have a public benefit. Ultimately that will be for the Board of Supervisors to decide when they are considering both the special use permit and the declaration. As it is worded right now it would not allow the school use. It clearly does not fit within the park recreational or entertainment uses that were envisioned when the declaration was entered into. Mr. Edgerton said that if the Commission were inclined to recommend approval would they have to add a condition of the approval that would cover the legal need to amend the covenant. Mr. Kamptner noted that condition 8 was added after the staff report was written. That is an additional recommended condition. Part of it is to be clear that the consideration of the special use permit needs to be independent of the agreement and the declaration. Mr. Cannon asked what the process is if there is a separation process by which the covenant would be amended. Mr. Kamptner replied that it is really negotiated between the county and the Park Board. It is presented to both the Park Board and to the Board of Supervisors for approval. The Board's approval would authorize the County Executive to sign the amendment on behalf of the county. Mr. Cannon asked at whose instance those negotiations would begin. Mr. Kamptner said that it would be the Park Board since they are the ones who are seeking the change essentially. Mr. Strucko said that legal issues aside he was having several thoughts about this proposal. He knows the intended use of Crozet Park in the Crozet Master Plan and given its location in the middle of the residential area not too far from the downtown Crozet area, given its history and use by local residents of Crozet, whether they be the people coming in for the Firefighter's Festival, the Arts and Crafts Festival it draws not only people from Crozet but other areas as well, but he did know that it serves as the hub of Peach Tree Little League Baseball, which is 300 children from ages 5 to 12 that go to the local elementary schools. It has been intended for use as a park and recreational facilities for this particular segment of our community. He also knows that cinder block building that is very raw and its interior/exterior appearance does get under utilized. From personal experience he knew that a 70 student school is an intensive use. He sat on the board of the Free Union Country School, which had 70 to 80 students. From his 5 years in that capacity that active recreational space is necessary. That does offer wear and tear to these facilities if they are indeed going to use the baseball and soccer field. County funds are going to maintain these fields. This is a private school use. He was trying to piece together the virtues of maintaining this as a park for the immediate area of the community of Crozet and allowing it to continue in that capacity while permitting a use of an under utilized asset, which is this building. But, is this the right use for 70 students of this age group. That equates to 12 baseball teams. It may restrict the ALBEMARLE COUNTY PLANNING COMMISSION - APRIL 3, 2007 10 PARTIAL DRAFT MINUTES - SP-2006-043 FIELD SCHOOL use of these residents to have access to these facilities during the day of the school year. Crozet is a changing community. Some of the decisions they have made on this board have instigated those changes. So whereas the use today may be one thing, it may be something very different once West Hall Phase V goes in. With all due respect to the Field School, he felt that it was quite virtuous but saw the proposal coming in and potentially conflicting with public access to this very pivotal park inside the Crozet community. It does not help him with this use when he knows that 20 to 30 students are being bused in from the City of Charlottesville. It is not being used by Crozet residents. So right now his disposition is to deny this request. Mr. Craddock said that his church use to use that property years ago. They were in the city and came out to Crozet Park. During the school years his children had gone out there when the Indians had their POW for learning experiences. The County Fair was there for a short time period. The Crozet parade winds up at the park at the end. So he has been out there a number of times as well as for swim meets at night. He was in favor of this use. It is a good use for the property if it is something that the Park Board and county can work out. The mention that the Park Board and the Field Stone School would revisit the issue every year up to 5 years helped sway him. So at any time by mutual agreement the school could be vacated. He has no problem with the school since it appears that they will be out of there when the heaviest use occurs at the park during the summer, in the afternoons and the evenings. It would be a good security issue having people there during the winter time to keep potential vandalism down. Therefore he was in favor of the request. Mr. Morris echoed what Mr. Craddock said, particularly that this is going to be revisited each year. Also, they had Park Board members say that after due deliberation they were in favor of it and backed it. Those are the people who have to live with it and govern it. They should know. Mr. Cannon asked Mr. Kamptner when they grant a special use permit that is forever. Mr. Kamptner replied that typically special use permits run with the land. The Commission has occasionally recommended that a time limitation be placed on the permit. Mr. Cannon asked if the Commission was able to do that as a legal matter, and Mr. Kamptner replied yes. Mr. Cannon said that his initial instincts coming in were consistent with Mr. Strucko's, but he has heard the folks who are on the Park Board speak as well as the folks who are representing the school and was sympathetic to the need to use the building and to make optimal use of the park. He was concerned, however, for the following reasons. They have seen this happen frequently that school that start expand and they tend to expand where they start because it is very difficult to find space elsewhere to develop these schools and to expand them. So he was imagining that in five years that they will be looking at a request to expand the school in place and make a more intensive use of this area for a school that may have already been in existence for five years and be flourishing. At that time it will be very difficult to say no. He would be interested in putting a time limit on this, which felt would be consistent with the representation they heard from the school and the Park Board that this is a transitional moment, a short term temporary use of the building while some permanent use is found and for the school a short term use of the building while some more permanent site is found. Maybe that allows us to have the best of several worlds here. He would be interested to entertain that if others thought it was useful. Mr. Edgerton said that was an excellent idea. He was curious whether there was some way to condition the special use permit so that the county could participate in the determination. Since the county has contributed significant funds to the park the county does maintain the athletic field, which the school will benefit from. The county does not maintain the building, which is not an issue. But, if a year down the road the determination by the county was that this was a negative experience he would like to figure out a way to allow the county to be sitting at the table to make that decision. He questioned whether they could condition the special use permit with that kind of review. He agreed with Mr. Cannon about putting a specific time limit on the special use permit because there is a real possibility that 3 to 5 years down the road, regardless of how the school feels now, they might find it to be more advantageous to stay where they are. They have had several schools within recent months that have come back and asked to expand. He was a little threatened by the number of 70 students because it sounds like a lot. Mr. ALBEMARLE COUNTY PLANNING COMMISSION - APRIL 3, 2007 11 PARTIAL DRAFT MINUTES - SP-2006-043 FIELD SCHOOL Strucko's point is well taken that is a large group of children. He felt that 20 students sounded like it would work with the space that they are asking for that is being under utilized. He felt that the private school children have the same rights to use the park as public school students. Mr. Strucko felt that Mr. Craddock's comment about the school being in use during the winter months when the intensity of use was low and being absent during the summer high usage period was very compelling. He agreed with Mr. Cannon's concern that once a use like this gets started for a temporary space that the need to continue to search for more permanent space dies down and they may be faced with a permanent resident here, which may not be a bad thing for a building that gets used very rarely throughout the year anyway. If the time was more restrictive and if the access to some of these public facilities was a little more restrictive he may accept it. But, he was thinking that the public utilizes this space most intensively during the very months that this school would not be there. Mr. Edgerton asked if there is overlap with the normal school schedule. He heard Mr. Hughes comment that the school would not have access to the athletic facilities after 4:00 p.m. even though the special use permit was requesting to be there until 6:00 p.m. But, they would only be in the building to 6:00 p.m. There would be no conflict with the scheduled use. He asked if the parking would be an issue if there was an overlap period in the spring and the fall. Mr. Strucko pointed out that starting in March through July he has to take his son to the park for baseball practice by 5:30 p.m. twice a week. The parking does overflow. The depiction in Attachment C is a little inaccurate. The parking overflows into the open space that is to the left of the main entrance. The parking in the area down past the pavilions fills up quite quickly. There are only 2 fields that are used for practices. Only 2 teams can practice at one time. The practices do spread out through the week. It is the schedule for particular teams is twice a week. So the practices start at approximately 5:30 p.m. That brings in about 24 cars. The school operation until 6:00 p.m. may overlap here. But, that will only be in the months of March, April, May and part of June. He felt that it was workable particularly if 70 students are transported by a single vehicle like a bus and the parking was restricted to 22 daily parent car trips. That is not prohibited. If 70 students were rolling in and a significant portion of them were coming in with their parents in individual vehicles he foresees a bottle neck a problem. The park gets it most intense use on the weekend from sun up to sunset. Of course, the school would not be in operation then. He was sensitive to the Park Board's concerns and the financial considerations regarding the under utilized facility. Again, his concern was access for the immediate public around this park in the designated growth area that is Crozet that was master planned and used this particular facility that receives public funds as the active recreational area within walking distance from a lot of homes. He questioned if the proposed school use could work and if there would be a proposed expansion past the requested amount of 70 students. Ms. Joseph said that one thing they could do is limit the time. The thing that bothered her was that these children were not coming from the neighborhood. If it was a neighborhood school it would make more sense that there would not be much traffic. But, if they were busing them in that was a little bit of a concern. If they could limit the number of students to start out with for less than 70 she felt that would alleviate some of her concerns at this point. Also, they could limit the approval to a year. If they are going to renegotiate every year then they could come back at least after the first year and they could hear from the neighbors. That way they could see whether it is working. She had concerns that they were spending some county money on that for maintenance purposes. It is not what was intended. It is obvious when reading the language it says in perpetuity that they expected it to be a park. That was not the intent when the county invested the money for this to become something like this. She could support the request if they limited the students and the time. She asked staff if the county has an agreement to allow the Waldorf School to operate in one of the county schools out in Crozet. Mr. Benish replied that it was in the old Crozet Elementary School. But they are constructing a new facility in town. He believed that they will be vacating that. It created a viable use for that building to keep it inhabited and functional. ALBEMARLE COUNTY PLANNING COMMISSION - APRIL 3, 2007 PARTIAL DRAFT MINUTES - SP-2006-043 FIELD SCHOOL 12 Mr. Benish noted that if they do put a time limit it will bring the county involved in the decision making to continue the use once it reaches that expiration date. If there were any other role or involvement that they saw on the county it would be helpful to clarify that. Mr. Edgerton said that if the county is not part of that decision making process there may be other motivations that the school and the Park Board might have interest that might not necessarily represent the county's interest. He suggested that the county be a party to that discussion. He suggested that they try it for a year and see how it goes. If the school is only interested in starting with 20 to 25 children, then let's go ahead and approve it for that. If they come back next year and want to do it for a few more and there has not been a problem, then that could be considered. There are some good things going on here, but he thought that they need to be a little careful because this is a community facility and a very important one. Mr. Strucko noted that his concerns were speculating on the impact. If they could come back and have the explicit data on what the impact is, then they could make a more informed decision. Therefore, he agreed with Mr. Edgerton. Ms. Joseph said that she could agree to 35 children. It would allow the school to have a good start. Mr. Benish said that there may be a few issues to think about when the clock starts for the reviewing planner. It needs to be clear. Mr. Kamptner suggested that it be a date certain and that it not be one year from the date of approval because that year will end during the school year. Ms. Joseph said that they wanted them to be able to start in 2008 if everything is acceptable. That is the part that gets a little sticky. Mr. Kamptner said that the Commission would want to look what happens over one full school year. He suggested that they have the special use permit come back to amend that condition by June 30, 2008. That would allow time to get the new one in place before the fall semester. Ms. Joseph said that sounded good. Mr. Benish said that if staff has that general direction they could make a recommendation so council and staff can work on the exact language for the Board of Supervisors meeting. Mr. Cannon said that he was comfortable with some limitation, but wanted to make sure it is consistent with what the school's expectations were for the first year. Ms. Joseph invited Mr. Burnett to come forward to address the question. Mr. Burnett said that 32 students would be acceptable. They will not have more than 32 students next year. He felt that it would be less and did not anticipate that will be a problem. If the Commission says that they will let him know again whether they have the facility in 2008/2009 in June or July of 2008 then he is going to start searching for something else. He cannot wait until that date to find that he does not have the facility for the following year. He realized that he was not going to be there for a full year for the Commission to have the opportunity to review a full year. He was completely comfortable with that. He knows that they will pass with flying colors. He has had the camp in Free Union for the past 8 years and they do not go past the number of children that they can fit on the bus. There is a huge temptation to grow bigger, but he did not want to grow bigger because he liked teaching in a small school. Actually the limitation to 5 years was attractive because they do want to have their own space. Mr. Edgerton agreed that his point was well taken that if he did not find out until June that he was going to have to make other plans before that. He asked how early he would have to be making other plans. ALBEMARLE COUNTY PLANNING COMMISSION - APRIL 3, 2007 PARTIAL DRAFT MINUTES - SP-2006-043 FIELD SCHOOL 13 Mr. Burnett noted that the sooner the better. He has parents in the room that are dependent on them having a school building next year. The experience of the Village School was that when they did not lock things down quickly enough they started losing students. Losing students meant losing precious funds for next year. He would think that a half way through the year would be a good time. He would love to investigate the Waldorf School's location that was wrapped up at least through the end of June and they have a 6 months extension through the winter. Their school year goes from September 4 through June 6. Mr. Strucko said that if they were to access the impact of this park they would be able to do it just for the fall and winter period. Ms. Joseph noted that from what he told them most of the activity happens in the spring. Mr. Strucko agreed that from his experience in the park that it would be March through June. Mr. Benish said that the applicant had indicated that he needed about 6 months advance notice. If they put the time limit at 2 years the applicant would probably come back and seek an extension before that second year because he will be in the same situation. So the Commission might want to reconsider that. He suggested that the applicant come back after 1 year so that he could make plans for the third year. Mr. Cannon noted that the number might need to be changed for that proposal. Ms. Joseph asked the applicant to comment on the 2 year proposal at which time he could amend it to allow more students at that time. Mr. Burnett replied that he wanted to go from 32 students this year to 48 students the second year. Ms. Joseph noted that the applicant was asking for 48 students for 2 years. Mr. Morris encouraged the applicant to request a deferral so these things can get hammered out right now since it was very confusing for everyone. Mr. Kamptner said that the concept of the 2 year special use permit life would allow the applicant to file an application approximately in September of 2008. They would go through the process and get a decision from the Planning Commission and the Board by February of 2009, which would give the school enough time to find another site by September, 2009. Mr. Strucko said that would not allow the Commission to assess the impact of the school during the spring months. Mr. Kamptner replied that it would because they would have the entire first school year to evaluate the impacts. Mr. Cannon felt that would be a reasonable review cycle. Mr. Burnett agreed with the time line with a maximum of 32 students next year with 48 students the second year. Mr. Kamptner noted the following changes should be made to staff's recommended conditions. · The special use permit shall end on June 30,2009. · In condition 2, the hours of operation should be limited from Monday through Friday based on the representations that have been made and the possible conflicts. · In condition 7, that last clause that it should be prescheduled conflicting public use, etc. should be changed to "or any other scheduled uses authorized by the Department of Parks and Recreation." · The school year should be defined September through June. ALBEMARLE COUNTY PLANNING COMMISSION - APRIL 3, 2007 PARTIAL DRAFT MINUTES - SP-2006-043 FIELD SCHOOL 14 · There was a representation that a number of students will be coming in by shuttle, but there was nothing in the special use permit conditions that address that. Staff will work out the language of a condition with zoning staff that says that some kind of shuttle service will be provided as represented by the applicant. Mr. Cannon agreed to all of the suggested changes. Motion: Mr. Cannon moved, Mr. Craddock seconded, to approve SP-2006-043, Field School, subject to the conditions recommended by staff, as amended. 1. Maximum enrollment shall be 48 students. 2. Hours of operation for the school shall be from 7:30 a.m. to 6:00 p.m., Monday through Friday. 3. The school is limited to existing buildings and park grounds as indicated on the concept plan (Attachment C). Any additional building or site changes for the school use will require an amendment to this Special Use Permit (SP-2006-043). 4. Prior to issuance of a Zoning Clearance for the private school use, water line dedications to the satisfaction of the Albemarle County Service Authority are required. 5. The playgrounds and the park grounds, with the exception of the Community Building, will remain open and available for public use during the hours of school operation. 6. The athletic fields at the park shall not be available for the school's use after 4 p.m. on weekdays and shall not be available on weekends. 7. The athletic fields shall not be available for school use when closed by the Department of Parks and Recreation for inclement weather, overuse, fields restoration, or when any other scheduled use is authorized by the Department of Parks and Recreation. 8. The school use may begin and continue only if the Crozet Park covenants and restrictions expressly allow the use. 9. Special Use Permit 2006-043 shall be valid until June 30, 2009. 10. Shuttle bus service for students to and from school shall be provided each school day. The motion passed by a vote of 6:0. (Mr. Zobrist was absent.) Ms. Joseph stated that SP-2006-043, Field School was approved and would go before the Board of Supervisors on May 2. (Recorded and transcribed by Sharon Claytor Taylor, Recording Secretary.) 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CD · "'C ~ fn 0 .c "- ca fn .- ..... <C 0 enCDLLfn 0 O.2~ g.=~ m ca> .... .- tn N .........~ CD ... s::: ~ .- _ .J: ca .- ~ s::: .i: ....="'C(J:Jc. .... 0 CD - C) <C ~ "'C .!: ~ s::: ~ .... C) ca = w tns:::~t!!G)S "'C ;:; 0 CD ~ ca S:::3(Jtt:c"'C CD 0 .. E~"""::"''''''E E...OD..O~ 0... fn o "'C ~... CD "'C (J s::: ~ fn ._ s::: CDca..........ca ... .. fn fn 0 0'" ,,, ~ CD ~ C) E '-' C) ... - CD <COcaca....CD -- CD s::: ca E LLOS:::<CO -- ... (.) <( . o .... "'C CD CD fn "'C ~ .- CD ~.c ... 0 c..... en fn o tn m B CD 0 .J: ... .....c.. 1;CD~ ,.. .J: ._ -- .... - .... C) 0 fn s::: C. "'C - - ... s::: "'C CD CDtatt: E C) 0 E CD ... ... C. 01..&.-- (J 'I:: ca CD ca E ... (;) ... tt: 0 caO..... ........ca fn s::: c. ~.2 0 s:::....- ~ g CD O ... > .- CD O"'C"'C . . . . COUNTY or ALBEMARLE Department of Community Development 401 Mcintire I~(I:ld, North "'ing Charlottesville, Virginia 22902-45% Phone (434) 2%-5832 Fax (434) 972-4012 April 11, 2007 Frank D. Cox. Jr The Cox Company 220 East High Street Charlottesville, VA 22902 RE: CPA 2005-00009, Southern Urban Area B Study AND CPA-2005-00005, Granger Tract CPA Tax Map 76, Parcel 24; and Tax Map 76, Parcels 17B, 17BI-B8 and 17W and 17BX Dear Mr. Cox: The Albemarle County Planning Commission, at its meeting on March 13, 2007, unanimously recommended approval of the above-noted requests to amend the Comprehensive Plan to the Board of Supervisors as recommended in the staff report dated March 13,2007, subject to the following changes to the proposed amendment language: 1. Remove the reference to Stadium Road connection pending further discussion with University and City representatives ofP ACe. 2. Provide more clarification on water and sewer needs in the area. 3. Provide for the specific road improvements that are the minimum necessary for the timing and the capacity expectations. (Staffwill work with the County Attomey's Office on the language to make sure that it does what they intend it to do.) 4. Make the two corrections as noted by staff regarding a redundant sentence and the addition of transi 1. Please be advised that the Albemarle County Board of Supervisors will review these amendment proposals in a work session on May 2,2007. A public hearing is tentatively scheduled for June 13,2007. If you should have any questions or comments regarding the above noted action, please do not hesitate- to contact me at (434) 296-5832. Sincerely, D/li"/{ ./ [;t/l' I (.I, BCA/lLjj m:,z.... David B. Bemsh Chlef of Planning Planning Division Cc: Granger, Gordon IV 400 Stribling Ave Extd, Charlottesville, V A 22901 Jim Tolbert (City of Charlottesville) 605 E. Main St., Charlottesville, VA 22902 David Neuman (University of Virginia - Office of the Architect) Ella Carey Jack Kelsey COUNTY OF ALBEMARLE . EXECUTIVE SUMMARY AGENDA TITLE: CPA 2005-009 Southern Area B Study amend CPA 2005-005, Granger Tract CPA AGENDA DATE: May 2, 2007 SUBJECT/PROPOSAL/REQUEST: Work session to review amendment to the Comprehensive Plan to incorporate recommendations of the PACC Southern Urban Area B Study and a request to amend the land use designation for a 70-acre (approx.) parcel located within the Southern Urban Area B Study area. ACTION: INFORMATION: X CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: YES STAFF CONTACT(S): Graham, Cilimberg, Benish REVIEWED BY: LEGAL REVIEW: NO BACKGROUND: The purpose of the work session is to receive comment from the Board on the above noted Comprehensive Plan Amendments. The Planning Commission has held three work sessions and a public hearing on these proposals, .commending approval of the draft amendment language and land use map originally included as Attachments A, Band C f the March 13, 2007 staff report. That report and its attachments are included with this Executive Summary. Page 2 of the March 13th report provides an overview of the subsequent attachments. Please note that Attachments D and E are staff reports from earlier Planning Commission work sessions. Also enclosed are a copy of the "Southern Urban Area B Study" and the applicant's proposal (booklet) for the Granger Tract CPA. DISCUSSION: The Albemarle County Planning Commission recommended approval with the following comments/direction. The status of staff's response to this direction is included after each comment. 1. Remove the reference/recommendation to develop the Stadium Road connection pending further discussion with PACC representatives regarding the form and specificity of that recommendation. Status: Concern was raised by the University at the Planning Commission public hearing regarding the specificity of the recommendation calling for the construction of the Stadium Road Connector and its consistency with the intent of the Area B Study. The Commission recommended deleting the language from the draft amendment at this time to allow PACC representatives (County, City, and University) to further discuss consistent and acceptable language for this concept. . Staff is in the process of working with PACC representatives from the City and University to develop alternative language for this recommendation. The Executive Committee of the PACC Technical Committee has discussed some of the issues of concern and is currently working on alternative language for a recommendation regarding the Stadium Road Connector. The direction at this time focuses on revised language calling for a future study of a possible stadium road connector concept, recognizing the need for more analysis of the need, benefit and impact of such a concept and to consider possible design concepts and alternatives. Once completed, the proposed revision may be forwarded to the PACC Technical and/or Policy Board for discussion and comment. At this time the previously recommended language has been deleted (strikethrough type) as recommended by the Planning Commission. f&l)' 1. 2. Provide more clarification on water and sewer. Status: The Rivanna Water and Sewer Authority is in the process of completing an assessment of water and, more specifically, sewer infrastructure needs. Final information is not available at this time. Staff will provide additional amendment language utility needs and recommendations as information becomes available. 3. Provide for the specific road improvements that are the minimum necessary for the timing and the capacity expectations. Status: The Commission has recommended amendment language related to the Granger Tract and Fontaine Research Park that states: Any rezoning approval and/or development of the site should be timed with the construction of recommended/planned or necessary improvements to the road network which provide an adequate level of service to support development in this area. There was a desire to provide more specificity regarding what would be considered an adequate level of service for the road network, what roads were expected to meet this LOS, and what improvements were expected to address road network LOS. The following language has been added to the proposed amendment to address this issue. (Other specific road improvements were already identified in the draft amendment language): Adequate level of service (LOS) is considered 0 or better (or the LOS acceptable to VDOT) for network roads in the County and City, including Fontaine Avenue, the Fontaine Avenue/U.S. 29 Bypass interchange, Sunset Avenue, Old Lynchburg Road and Fifth Street. Please note that the changes made to the proposed amendment language in response to the Commission's direction are highlighted in red and italic type in Attachments A and C. RECOMMENDATIONS: The purpose of this work session is to receive comment from the Board on proposed amendments to the Comprehensive Plan. No action is necessary at this work session. The next step in the process would be to schedule a Public Hearing to receive public comment on the proposed amendments. ATTACHMENTS Attachment - March 13, 2007 Staff Report &J) 2- . . . STAFF PERSON: PLANNING COMMISSION PUBLIC HEARING: DAVID BENISH MARCH 13, 2007 RE: Southern Urban Area B Study CPA and Granger Property CPA PURPOSE OF THE PUBLIC HEARING: This public hearing is to receive public comment and review the proposed text and map amendments to the Comprehensive Plan incorporating the recommendations of the PACC Southern Urban Area B Study. The draft also includes text amendments addressing a public request to amend the Comprehensive Plan land use recommendation for the Granger property, which is located within the Southern Urban Area B study area. The Commission previously discussed these proposals at work sessions on January 9, 2007 and November 28, 2006. These amendment requests have also been reviewed with the Planning and Coordination Council on numerous occasions since this review began in September of 2005. BACKGROUND: Southern Urban Area 8 Study - Under the Three Party Agreement signed by the City, County and University in 1986, certain areas adjacent to the University of Virginia in the City and County were designated as "Area B," where joint planning efforts among the three jurisdictions will be conducted. The Planning and Coordination Council (PACC) was established by the Agreement to oversee these activities and coordinate planning among the jurisdictions. A number of Area B studies have been completed over the years, including West Main Street, Venable, Lewis Mountain, and Blue Ridge Hospital. The Southern Urban Area B Study is an update of a previous Area B study for this area completed in 1989 (known previously as the Jefferson Park A venue - Fontaine A venue Area B Study). Granger Property CPA Request - A Comprehensive Plan Amendment proposal has also been submitted by the owner of the "Granger" property to change the land use designation of this area to "Office Service" use. The 69.5 acre Granger property is located south of the Norfolk Southern railroad track and is bounded by 1-64 to the west, Sunset Avenue to the South, and Stribling Avenue and Moore's Creek to the east. The property is located within the boundary of the Southern Urban Area B Study area. The County's Comprehensive Plan's Land Use Plan currently recommends this area for "Neighborhood Density Residential" (3-6 du/ac) use. The Southern Area B Study recommends a combination of "Mixed-Use" and "High Density Residential" (16-24 du/ac) uses. Since the Granger property is a key site within the Southern Urban Area B Study area, the Area B CPA and "Granger CPA" have been reviewed and discussed together in a unified process. g6S 3 DISCUSSION: The following information has been provided as attachments to this report: Attachment A - Draft text amendments to the Neighborhood 5 and Neighborhood 6 Profiles incorporating the recommendations of the Southern Urban Area B Study including the recommendations regarding the Granger Tract. The amendments reflective comments received from the Commission at the previous work sessions. The amendment language is in blue and italic type, with deleted language in strike-through type. Attachment B - Proposed land use map amendments including the addition of the Fontaine Ave. - Sunset Ave. Connector Road, the Stadium Road Connector and the change in recommended land use for the Granger Tract from Neighborhood Density Residential (3-6 du/ac.) to Office Service. Attachment C - Draft text amendment to the Transportation section of the Land Use Plan incorporating discussion and recommendation for the development of the Fontaine Ave. - Sunset Avenue Connector Road and Stadium Road Connector and reference to an alternative alignment concept for the Southern Parkway. The amendment language is in blue and italic type, with deleted language in strike-through type. Attachments D and E - Copies of the staff reports from the November 2006 and January 2007 work sessions which provide project background, a discussion of the Area B Study recommendations and Granger Tract proposal, and staffs analysis and recommendations regarding these proposals. To simplify the contents of this report only selected attachments from the November and January work session staff reports have been provided here. RECOMMENDATION Staff recommends the Commission recommend approval of the Comprehensive Plan text and map amendments as provided in Attachments A, Band C of this report. 86)" If . . . ATTACHMENT A AMENDMENT TO THE LAND USE PLAN DEVELOPMEMNT AREA PROFILES FOR NEIGHBORHOODS 5 AND 6 [Text amendments are in blue and italic ~vpe] [Revisions based on Planning Commission comments in Red and italic type} Neighborhood Five Location Neighborhood Five is bounded on the east by Biscuit Run, on the south by a series of lakes and a tributary to Biscuit Run, on the west by Route 631, a ridge line and utility easement, the 700 foot contour, Route 29 and the Interstate 64 interchange and on the north by Moore's Creek. Existing Land Use Residential - Neighborhood Five contains an estimated t949j (1,951) dwelling units and a population of 4,061 people. Nineteen Twenty-jive percent fl-8-l-1 (485) of the housing units in the Neighborhood are single-family attached; eleyen eight percent f-l--l-Gf (158) of the housing units are either townhouses, single family attached or duplexes; t',l'yrcnty seyen/orty-six percent ~ (902) are multi-family; and forty three twenty-one percent ~ (406) ofthe housing units are mobile homes (June 2005). Major residential developments include Redfields, Southwood Mobile Home Park, Mountainside, Country Greene Apartments, Sherwood Manor and Commons, and Oak Hill Subdivision. Commercial and Office Jefferson National Bank's Operational Headquarters (118,980 square feet) and Virginia Power's Headquarters (38,300 square feet) are located in this Neighborhood. A large hotel is also located this Neighborhood. The Albemarle County Office Building, Fifth Street Building, and one hotel are located along Fifth Street. A mixed use office-residential building and country store are located along Old Lynchburg Road. Other Land Uses - The UV A polo grounds, the Covenant School (loeated at the old Mountaimvood Rehabilitation Center) and two churches are located in the Neighborhood. Environmental Characteristics The major portion of the area drains east to Biscuit Run, while smaller drainage basins in the northern part of the Neighborhood drain directly into Moore's Creek. Presently, the majority of the land area is forested. Steep slopes exist along Interstate 64 and to the west B6S t; of Route 631 and Sunset Avenue. Areas of floodplain exist along Biscuit Run and Moore's Creek. Public Water and Sewer Water capacity to most of the Neighborhood was improved with the pending construction of the a new water tank at the southern end of Avon Street water tank and a new tank off of Fifth Street. However, water lines will need to be extended and additional storage will be necessary as development occurs in the southern portion of the Neighborhood. A major sewer interceptor was extended across Interstate 64 with capacity to provide service to this Neighborhood. Extension of the Biscuit Run Interceptor with capacity to serve the entire Biscuit Run Drainage Basin is expected. [NOTE: To be further updated pending further information from the R WSA/ ACSA I Transportation Route 631 (Old Lynchburg Road/Fifth Street Extended) is the major road serving the Neighborhood. The realignment and widening of this roadway in the northern portion of the Neighborhood from the City limits to Sunset Boulevard has provided for a major development corridor. The portion of Route 631 (Old Lynchburg Road) south of Sunset Boulevard has a narrow pavement width and poor horizontal and vertical curves which make access from some local roads difficult. Walkways exist along one side of the improved portion of Route 631. Public Facilities The County Office Building, Fifth Street Building is located within this neighborhood and houses the Police Department, Department of Fire Rescue, and Department of Social Services. There are no public facilities in this neighborhood, hmve'ier, Nearby facilities like Walnut Creek Park, Azalea Park (City), and recreation facilities at Cale Elementary School and PVCC adequately serve this area. Police response times are adequate for the area, but fire, rescue, and library services fail to meet the standards in the Community Facility Plan and need to be improved. This need will continue to increase with continued residential development. Recommendations · The Regional Service area that is located southwest of the Interstate 64/Route 29 South interchange is to be accessed from the existing frontage road off of Route 29 South. Steep natural drainage swales are not to be disturbed in the development of this area. (36) " . . .. . An Office Service-Mixed Use land use is recommendedfor the Granger tract. A new neighborhood center is anticipated as a component of this mixed-use development, with small scale mixed-use, transit stops and connection to a new park and open space system of Moore's Creek and beyond. The level and intensity of development permitted on this site (total square footage/number of units of development and the mix of uses) should be limited to that which can be supported by the planned road network. Any rezoning approval and/or development of the site should be timed with the construction of recommended/planned or necessary improvements to the road network which provide an adequate level of service to support development in this area. Adequate level of service (LOS) is considered D or hetter (or the LOS acceptahle to VDOT) for network roads in the County and City, including Fontaine Avenue in the County and City, the Fontaine Avenue/U.S 29 Bypass interchange, Sunset Avenue, Old Lynchhurg Road and Fifth Street. The intensity of development on-site (massing, scale, form, orientation. and green design) will be important to addressing neighborhood model design, environmental, and Entrance Corridor issues. In addition, the following are also recommendedfor this site: - Supporting commercial services of a Neighborhood Service scale should be provided with the development of this site to provide necessary convenience services current not available and to provide these services within a walkable/bikeable distance of a large population concentration in this area. Residential use may be a component of the mixed of the uses developed on this site, but is not a required component of the mix of uses. -The proposed Sunset Avenue-Fontaine Avenue connector shall be accommodated on-site consistent with "Alternative 4" recommended in the P ACC Southern Area B Study. Provision of the road will be an expectationfor any rezoning request and subsequent development of this site. - The provision of pedestrian, bike facilities, and transit service and/or transit ready site design will be an expectation of any development of this site. -Open space, greenway and park areas recommended in the Comprehensive Plan and the Southern Area B Study should be provided on this site. -Minimize the visual impacts to the Entrance Corridor through maintenance of vegetated buffers, and careful site grading, and careful treatment ofbuilding locations, heights, massing and clustering on the site. "Green" building and site design concepts should be incorporated into the project development. t36S 1 -Water quality impacts will be an important consideration for any future development of this site. Measures should be put in place to not only minimize stream impacts, but also to help improve the current condition of Moore's Creek. · The existing polo club along Route 631 in the central portion of the Neighborhood that is currently designated Institutional may be developed at a Neighborhood Density. · The north side of the 1-64/Fifth Street interchange IS subject to the Interstate Interchange Development Policy. · Access to the community service area located southwest of, and immediately adjacent to, the 1-64/Fifth Street interchange, should be limited to the existing crossovers. Pedestrian access should be incorporated into the site design for the area. Amended 10/28/98 · Construct a greenway along Biscuit Run and Moore's Creek. This provides an opportunity for passive recreation in the Urban Area. Develop the greenway to meet the recreation and conservation needs of the residents in Neighborhoods Five, as well as the remainder of the County. · Transportation improvements include: Consider the recommendations of the Southern Charlottesville Transportation Study. -Construct the Fontaine/Sunset Avenue Connector Road as recommended in the Southern Urban Area B Study, specifically Alternative 4, and improve the existing alignment of Sunset Avenue from the new connector road to its intersection with Fifth Street. RoadvlaY interconnection of ,\VOfl Street Extended and Fifth Street, which '.v-ould provide access to Interstate 64 and tra-ffic circulation within the Neighborhood. Construct a road connecting Avon Street Extended and Fifth Street by extending Southern Parkway to connect to Fifth Street, providing access to 1-64 and traffic circulation within, and between Neighborhoods 4 and 5. Consider the recommendations of the Southern Urban Area B Study for possible alignment alternatives for the Parkway and/or other neighborhood street interconnections to the Parkway to create a more integrated street network in the Neighborhood 5. Alignment improvements of Old Lynchburg Road from Sunset B6S ? . Avenue to the southern portion of the Neighborhood. Construct bicycle facilities and walkways in conjunction with this upgrade. Old Lynehburg Road/gooset }..'1enue int-ersection needs to be redesigned as a "T" intersection. Consider the following improvements for the Interstate 64 and Fifth Street interchange: 1) installation and coordination of new traffic signals at the interchange; 2) widening of both off ramps to two lanes; 3) adding a third lane south bound on Fifth Street; 4) and adding separate right turn lanes north bound and south bound beginning at the ramps. Evaluate the need for transit service to the Neighborhood as the area continues to develop. Consider the transit, bicycle and pedestrian recommendations of the Southern Urban Area B Study. Provide service to the Fifth Street corridor including the COUnly Office Building, Fifth Street location. . · Utility Improvements include: [NOTE: To be updated pending fUlther information from the RWSA/ACSA] Provide additional '.vater storage in the southern portion of the Neighborhood to support demand and ensure adequate fire flov/. Extend the Biscuit Run Interceptor to provide capacity for the entire drainage basin. · Public Facility Improvements include: Locate a joint fire/rescue station in or near Neighborhood Five to reduce response times and increase fire fighting and rescue capabilities. Locate a library branch in or near Neighborhood Five. Continue to evaluate the Old Lynchburg Road system storm sewer for repair needs. . · Consider recommendations of the City/CountylUniversity Planning and Coordination Council Southern Urban Area B Study. . Maintain or establish a buffer along Interstate 64 and the Route 250 Bypass to protect the visual quality and character of the area as seen from (365' q the roadway. · Development plans along Route 29 South, Interstate 64 and Fifth StreetIRoute 631 are to be sensitive to their status as Entrance Corridor Roadways. B DS I D . Southpointe Commercial Area Amendment to Neighborhood Five Profile Recommendations (pp. 63-65) Adopted, 10/28/98 (CPA 1997-02) Location [NOTE: new text in addition to text found on pp. (64-66).7 The Community Service area located southwest of, and immediately adjacent to, the 1- 64/Fifth Street interchange is intended to serve as a commercial/office services center for Neighborhoods Four and Five and other residential development located south of 1-64. This area is larger than what is normally associated with Community Service areas. Therefore, the square footage limits outlined in the Land Use Plan is not necessarily a maximum limit. Expectations for development of this area include development under a master plan emphasizing: . a village center character, design theme and scale which blend with nearby residential development; construction materials appropriate for a village center type commercial district (no metal buildings); a community center function for the Neighborhood; mixed use allowing some residential occupancy or conversion thereto; pedestrian and bicycle access to and throughout the site; areas of open space/recreation for shoppers and Neighborhood residents; maintenance of a vegetative buffer along Fifth Street and 1-64; internalized parking to the greatest extent possible; use of trees and other landscaping material to minimize visual impact of parking areas (parking orchard concept); A compatible Regional Services use for the Community Service area can include hotels and/or motels, provided they have an internal site and building orientation (as opposed to a "motor court" design), incorporate uses which support the Neighborhood (meeting facilities, restaurants, recreational facilities, etc.), are compatible in scale to the height of the largest buildings within the shopping center to the south, and are designed to visually connect and blend with the shopping center located on the same Community Service site. Service stations are not considered to be a compatible Regional Service use. Transportation improvements include: Roadway interconnection of Avon Street Extended and Fifth Street (the "Southern Connector"), which would provide access to Interstate 64 and traffic circulation within Neighborhoods Four and Five. This improvement is needed if the community service area at 1-64/Fifth Street is to be accessible to residents south of 1-64 and serve as a commercial/office service center. . . When development of the Community Service area at 1-64/Fifth Street occurs, the following improvements should be constructed: rb5 I J signalize the Fifth Street/Old Lynchburg Road intersection; signalize the Fifth Street/Stagecoach Road intersection, which will be the location of a major point of access to this site; continuous right turn lane from Fifth Street to entrance to site from Old Lynchburg Road; · Approval of further development along Fifth Street may depend upon the following improvements to the 1-64/Fifth Street interchange are funded and construction is scheduled: signalize of the interchange ramp intersections; double-Ianing of the interchange ramps; possible dual left turn lanes on Fifth Street for interchange ramps. Bb5 {2..- . . . Neighborhood Six Location Neighborhood Six is bounded on the east by the City limits, on the south by Moore's Creek and 1-64, on the west by the South Fork Rivanna River watershed boundary and on the north by Route 250 West. Existing Land Uses Residential - Neighborhood Six contains an estimated 9-l-2- 2,947 dwelling units and a population of ~ 7,509 people. F6fty Fourteen percent ~) (421) of the housing units in the Neighborhood are single-family attached; sHf two percent (~) (57) of the housing units is either townhouses, single family attached or duplexes; and fifty one fifteen percent (464) (453) are multi-family (July, 1996). There are 2,016 group quarters type units, mostly consisting of University housing. The University Heights apartment complex accOlmts for approximately one half of the d':lelling units. ..^..lso, a portion of the University of Virginia housing units are loeated in this Neighborhood. Major developments include University Heights Apartments, Huntington Village, Ednam Forest, Ednam, Ednam Village, Bellair, and Buckingham Circle, White Gables and Kennridge. Commercial and Office - The area along Route 250 West is largely institutional in nature with the Kluge's Children's Rehabilitation Center; Birdwood GolfCourselBoar's Head Inn and Sports Club (owned afld operated by the UVa. Real Estate Fmmdation); the University of Virginia Police Department; Charlottesville City Satellite Fire Station; the University of Virginia Information Center; and a number of smaller offices operated by U.Va. are located within this Neighborhood. Other non-institutional office and commercial uses are also located along Route 250 West and large office uses are located in the lPAlFontaine Avenue Research Park. Larger retail and office uses along Route 250 West include Townside East Retail (30,377 square feet) and Ednam Professional Center (20,980 square feet). Large office buildings that exist in the lPAlFontaine Avenue Research Park include the Virginia Public Authority Building (60,000 square feet) and the University of Virginia Health Sciences Foundation Building (60,000 square feet). Other Land Uses- The University of Virginia Central Grounds, McCormick Observatory and Camp Holiday Trails are located within the Neighborhood. Environmental Characteristics This area is within the Moore's Creek drainage basin. A wide wooded area screens the Route 29/250 Bypass from residential areas between Route 250 West and Interstate 64. F~5 1'3 Areas of steep slopes are immediately north and south of Interstate 64 and west of the Route 29/250 Bypass and Fontaine Avenue. Transportation Route 250 West is heavily traveled and it is projected that traffic volumes along this roadway will double by 2015. The road is heavily used by commuters, students and visitors to the University. This road is also heavily used by bicyclists traveling into the University. Flooding occurs periodically on Route 250 West near its intersection with Old Ivy Road. Walkways are constructed on both sides of Route 250 West from Route 29 to Old Ivy Road. Fontaine Avenue is also heavily traveled. Walkways and a bicycle facility exist along Fontaine Avenue in front of the Fontaine Avenue Research Park. Also, the Route 250/29 bypass intersects the Neighborhood. Public Water and Sewer Public water and sewer are available in the Neighborhood, with the Morey Creek sewer interceptor and major water lines running along Fontaine Avenue and Route 250. Water is provided by both the South Rivanna and Observatory treatment plants. ACSA has identified small internal system upgrades that need to be completed in order to provide better service to the area. [NOTE: To be updated pending further information from the RWSA/ACSA] Public Facilities Park, police and library service are adequate to the area. Fire and rescue service does not meet service standards established in the Community Facilities Plan and needs to be improved. Recommendations . Infill and expansion of the Fontaine Research Park may be permitted. The level of expansion permitted on-site should be limited to that which can be supported by the planned road network, and timed with the construction of the recommended/planned or necessary improvements to the road network which provide an adequate Level of Service to support development in this area. Adequate level of service (LOS) is considered D or better (or the LOS acceptable to VDOT) for network roads in the County and City, including Fontaine Avenue. the Fontaine Avenue/U S 29 Bypass interchange, Sunset Avenue, Old Lynchburg Road and Fifth Street (36S /t . . Additional support commercial should be provided on-site in the future to serve the park and the immediate area. In addition, the following are also recommendedfor this site: - The proposed Sunset Avenue-Fontaine Avenue connector shall be accommodated on-site consistent with Alternative 4 of the P ACC Southern Area B Study. Provision of the road will be an expectation for any rezoning request in this portion of the study area. - The provision of pedestrian, bike facilities, and transit service and/or transit ready site design will be an expectation with any new development of this site. -Provide additional access points to the Research Park on the Sunset Avenue-Fontaine Avenue connector road and Fontaine Avenue. - Minimize the visual impacts to the Entrance Corridor through maintenance of vegetated buffers, and careful site grading, and careful treatment of building locations, heights, massing and clustering on the site. "Green" building and site design concepts should be incorporated into the project development. . -Water quality impacts will be an important considerationfor any future development of this site. Measures should be put in place to not only minimize stream impacts, but also to help improve the current condition of Moore's Creek and its tributaries. " -Provide open space, greenway and park areas recommended in the Comprehensive Plan and the Southern Area B Study should be provided on this site. · Development plans along Route 250 West and Fontaine Avenue are to be sensitive to their status as Entrance Corridor roadways. · Limit the Neighborhood Service designation on Fontaine Avenue west of the Bypass (Old Route 29 South) to existing zoned land. "A mixed Use development may be permitted. The gross density of the mixed use development should be consistent with Neighborhood Density Residential and Neighborhood Service designations as shown in the Land Use Plan. " . A conservation easement exists on an area located on the western boundary of the Neighborhood, south of Bellair and Birdwood, north of Camp Holiday Trail and west of Buckingham ,Circle. This conservation easement prohibits development of this property (noted as See Text on Land Use Map). . 8DS Ie;- . Consider the design l:l:Hd public facility recommendations of the City/County/Uniyersity Planning l:l:Hd Coordination Council for the Jefferson Park .^..'leooelFontaine }..'/enuc "Area B" Study Consider the information and recommendations of the P ACC Southern Urban Area B Neighborhood Study and the Lewis Mountain-University Heights "Area B" Study (each found under separate cover). · Transportation Improvements include: Widen Route 250 West (Ivy Road) to four lanes from the City to the Route 29/250 Bypass and i\S possible, implement the recommendations of the Ivy Road Design Study. That study recommends a design to make Ivy Road an attractive, welcoming place in which to easily walk, bike, shop, and drive. Recommendations include separated bicycle facilities, continuous walkways, raised planted median, landscape planting, relocation of utility wires, sign guidelines, benches, trash cans, shared parking and consolidation of entrances. Route 250 West, west of the Bypass west should be maintained in its existing alignment and width and not be widened. Consider iHlfllementing the recommendations of the Fontaine A';eooc Corridor Plan that is outlined in the Jcff-erson Park .t..veooe/Fontaine i\.yeooe "Area B" Study. Design concepts incorporate many of the sam.e elements that are recommended for Route 250 West. -Construct the Fontaine/Sunset Avenue Connector Road as recommended in the Southern Urban Area B Study, specifically Alternative 4, and improve the existing alignment of Sunset Avenue from the new connector road to its intersection with Fifth Street. Construct em extension of Stadium Road to Fentaine Ayenue. The int-crsection of this ext-cnsion should align with the int-crsectien of the future Fontaine/Sunset Avenue connector. Provide a greenway corridor along Moore's Creek in the southern portion of Neighborhood Six. This greenway should connect to the F ontaine Avenue Research Park. Provide pedestrian connections from the residential areas in the Neighborhood to the Fontaine Avenue Research Park. (iDS' I~ . Censider the transit, bieycl-c and pedestrian recemmendatiens of the Southern Urban Area B Study. Evaluate the need for transit service to the Neighborhood as the area continues to develop. Consider the transit, bicycle and pedestrian recommendations of the Southern Urban Area B Study. Provide service to Fontaine Avenue corridor including the Fontaine Research Park. · Utility improvements include: [NOTE: to be updated pending information from R WSA/ ACSA} In Bellair and Buckingham Circle, replace the existing water line and replace it with a 6" to 10" line to improve system hydraulics. In Ednam Forest, loop the existing 6" water line to improve system hydraulics. . Provide public sewer service to Buckingham Circle, Bellair and Ednam Forest if public health becomes an issue. . Locate a new fire and rescue station in this area to service Neighborhood Six and Seven, the University and Ivy as response times require. The station should be funded and operated jointly by the City, County and University. The station should be staffed by volunteers to the greatest extent feasible. . Coordinate with the University on the development of its parcels. . Maintain or establish a buffer along Interstate 64 and the Route 250 Bypass to protect the visual quality and character of the area as seen from the roadway. . f?6S 17 eO) /9 I ~ o I j ~ j t[]J " 1:l " " ., E "'C ~ ('IJ ~ .ffi ~ a:: a:: Ci5 Q) ~ 8 8 (/) '(ii '~ >. l/) 8 c '~ Q) ~ ::s '~ 8 Q) Q) CI) c 8 c '0 0 CI) Cil ~ Q) c Q) .~ '0 '0 8 '~ ~ E CI) c ns Q) 8 8 0 <!l Q) Q; '(ii a. ~ CI) Cil .~ Cil 0 Ql ...J .r: .r: '", '0 CI) C c co Qj 'c c Q) c Q) ~ N Cil 0 0 Q) c Cil Q) 0 > C ::l 0 CI) c:: 0 e 'C "" .0 .0 co C 0 ..., <I: Q) ns E iil ~ .r: .r: 8 fl (/) 0 c '(ii c ~ 0 0 c.. E ::l Ol Ol ~ '0, ~ C <Il Q) Q) 0 '0 iil 'Qi 'Qi it: it: co Q) co -e ::l Q) Q) C- o .E .E z z 0 0 a. c:: ~ .= :::> c:: CI) CI) E III I IluDIID~D 0 0 . . . ATTACHMENT C AMENDMENT TO TRANSPORTATION SECTION OF THE LAND USE PLAN [Text amendments are on pages 6, 7 and 14 in blue (or red) and italic type] Streets and Roads The development and maintenance of an efficient and safe road system is critical to influencing the location of future residential development and economic activity while also accommodating existing needs. Planning for roadway improvements is a complex procedure due to fragmented and limited funding sources. In addition, the ultimate responsibility for construction and maintenance of roadways in the County lies with the State, through the Virginia Department of Transportation: there are no County maintained public roads. All County roads are categorized either as interstate, primary or a secondary. Interstate highways are the highest level of functional road and are part of a national system of freeways and expressways, providing long distance traffic, high speed and limited access connections. Interstate 64 traverses the County and connects the Charlottesville- Albemarle County area to major north-south interstates (1-81 and 1-95) and the Richmond and Norfolk metropolitan areas. The total length of Interstate 64 in the County is approximately 31 miles. The Primary System consists of arterial roads. From the state level planning perspective, the primary purpose of these roads is to move traffic; access to properties is considered a lower function/priority. There are 115 miles of primary roads in the County, including the following: Route 53 Route 231 Route 29 Route 6 Route 22 Route 250 Route 20 Route 240 Route 151 All of these primary roads are designated as Entrance Corridor routes, providing provides access to the City and County's historic districts and properties. Therefore, these roads are important not only for the transportation function, but also for scenic and visual character. The majority of roads in Albemarle County are secondary roads. As of December 31, 2000 there were 818.07 miles of secondary roads in the County. Of this, 587.53 (72%) were hard surfaced and 230 miles (28%) were gravel roads. 1 8DS 2J Major Corridors The County has three major corridors that present particular transportation concerns. These corridors are Route 29 North, Route 250 East, and Route 250 West. Route 29 North Route 29 North is the major north-south arterial road through the County, and a major state arterial which links Washington, D.C., Charlottesville, Lynchburg and, Danville. Route 29 north of Charlottesville is the major commercial corridor in the County. Route 29 is proposed to be upgraded from the South Fork of the Rivanna River to Airport Road (Route 649). However, plans have not been developed or scheduled for construction by VDOT. VDOT has conducted a major study of the Route 29 Corridor from Albemarle County (from the South Fork Rivanna River) to Warrenton, Virginia. The purpose of the transportation analysis was to determine the future level of travel demand along the corridor and to assess whether the highway is designed adequately to accommodate projected traffic volumes. In early 2003 a staff team from the Thomas Jefferson Planning District Commission & Charlottesville-Albemarle MPO, VDOT, City of Charlottesville, and Albemarle County conducted the 29H250 Study. The purpose of the study was to develop specific intersection design concepts that address vehicular, pedestrian, bicycle, and transit movement for improved mobility, safety, and development opportunities within the Route 29/Hydraulic Road/Route 250 Bypass area, while protecting existing tax base, business, neighborhoods, and employment. This study was considered the first component of an ultimate study including the full length of Route 29 in the County. This initial study has been completed and adopted by the MPO, City and County as the guiding plan for improvements to Route 29 in the area. The major traffic improvement recommendations include a grade-separated interchange at Route 29 and Hydraulic Road, constructed with roundabouts at the end of the off- ramps for optimum traffic controls. Signalized intersections could also work. A new Hydraulic Road alignment is proposed just north of existing Hydraulic Road to allow full traffic movement during construction. The County is currently undertaking a Master Planning process (Places29 Study) for the Northern Development Areas along the Route 29 corridor (Neighborhood 1 and 2, Hollymead, and Piney Mountain). The Places29 Study includes a major transportation planning component which will not only complete the "29H250" study process for Route 29 north, but will establish recommendation for overall road network serving the Northern Development Areas. This unified land use and transportation study will be completed within the next 2 years (2007). Other studies that have been conducted along the Route 29 Corridor are described below. U.S. Route 29 Corridor Development Study The U.S. Route 29 Corridor Development Study (Phases I Albemarle County to Fauquier 2 (3oS 2-:2 . County. The goals of this Study are to create a unified multi-modal transportation system of air, rail, transit, and highways, improve energy efficiency, promote economic development, and improve quality of life. The Study reviewed all relevant elements of the federal legislation including an extensive public participation process. It addressed land use planning, advanced acquisition and preservation of right of way, and overall social, economic, and environmental effects. The Albemarle County Board of Supervisors supports the use if access management techniques as the principle means of controlling traffic on this corridor ofRt. 29. U.S. Route 29 Corridor Development Study (combined Phases JIIlJI N.c. to Charlottesville) This study resulted in a long-range multi-modal plan for transportation in the corridor and will assistance state and local governments in prioritizing transportation projects, identifying and requesting funding, and planning the location of various land uses and public facilities. Most all of the area along this section of the Corridor Study is not in the County's Development area and the County did not support any of VDOT's widening recommendations. On February 14, 2001, the Albemarle County Board of Supervisor endorsed a resolution that established their position regarding this study and the Route 29 South Corridor. It states: . Almost all of the area along the Rt. 29 South Corridor is not in the County's Development area. Data developed by the consultant and verified by the County does not project significant development in this area of the County through the study period. Therefore, the County does not believe controlled access through elimination of all individual access points and an extensive system of service roads and signalized intersections should be assumed as necessary for Albemarle County. The County does support the coordination of land use planning and transportation system planning through specifically incorporating the access management recommendations of the Phase I Corridor Study into the planning for the Route 29 South corridor in Albemarle and throughout the study area. Albemarle County believes that access management planning is a logical and viable recommendation for the Route 29 corridor south of Charlottesville. Through proper planning that balances land use and transportation priorities in the particular sections of the corridor in the County, appropriate access management measures can be identified and pursued. Use the "Parkway" design cross-section in Albemarle County, without service roads and limited access should be used in Albemarle County. Under no scenario should the "Freeway" design concept be used in Albemarle County. Furthermore, it is not anticipated that signalization of intersections will be necessary in Albemarle County, but in no case is reservation for interchanges at any Albemarle County intersections necessary. The full study with recommendations is available at the Department of Community Development. . Route 250 East Significant commercial development exists along Route 250 East mostly within the 3 () f'" '71. DO,) /./) designated Development Areas. The County is currently conducting a Master Plan for the Pantops Development Area. This study should be completed by 2006. This study will identify land use and transportation recommendations that will guide the growth of the Pantops area. A separate study will evaluate the feasibility of an Eastern Connector. The Eastern Connector is identified in the UnJAM 2025 Plan to be studied to determine it potential impact to analysis the traffic on the Route 250 East and Route 29 north corridors. In 1999, VDOT conducted the Route 250 East Corridor Study. The purpose of the study was to examine existing and future travel conditions within the corridor in order to identify transportation deficiencies. The Route 250 East Corridor Study area begins at the east corporate limits of Charlottesville and ends approximately three-tenths of a mile east of Route 15 at Zion Crossroads in Louisa County. A conceptual multi-modal transportation plan to address these deficiencies will result from the study. The study recommended a series of short term and long term recommendations. The Study's recommendations will be considered in conjunction with the Pantops Master Plan process. Route 250 West In the fall of 1997, VDOT initiated the Route 250 West Corridor Study to produce a long- range planning study with conceptual engineering plans. The Route 250 West Corridor Study may be used to assist VDOT and Albemarle in preserving rights-of-way to accommodate future transportation needs in the corridor. The subject ofthe study was the segment of Route 250 in between 1-64 (Exit 107 Yancey Mills) and the west corporate limits of Charlottesville. The study recommended a series of short term and long term recommendations (the Route 250 West Corridor Study is on file in the Albemarle County Department of Community Development Department). A controversial long term recommendation was to widen Route 250 from the City limits to Mechums River. The Citizens Advisory Committee and the Board of Supervisors opposed VDOT's recommendations for Route 250 West. The Citizen Advisory Committee and the Board of Supervisors supported maintaining Route 250 West with its present roadway cross section. The Board also created the Route 250 Task Force, which is a standing committee charged to review and make recommendations to the Board of Supervisors with regard to all transportation improvements on the Route 250 West corridor (Route 250 Bypass to the Yancey Mill interchange). The Task Force will review each proposal prior to approval. It should be recognized that Route 29 North, Route 250 East, and Route 250 West provide both access for inter-regional travel and access for the major commercial and residential areas of the Urban Area and City. Road improvements should be designed to accommodate anticipated traffic demands and present capacity should be utilized to the greatest extent possible. 4 eDS'2/f . Meadow Creek Parkwav The Meadow Creek Parkway, from the intersection of McIntire Road and the Route 250 Bypass in the City of Charlottesville to Rio Road at Norfolk Southern Railroad will provide new north-south route connection from the County northern urban area to downtown Charlottesville. The new road will also provide an alternative to Rio Road and Park Street. The Meadow Creek Parkway Final Report, May 2001, by Jones and Jones Consultants, establishes an alignment location and design standards for the development of Phase I of the Parkway in the County, from Melbourne Road to the railroad bridge on Rio Road. This report can be found under separate cover. In summary, the study calls for a two-lane road constructed on sufficient right-of-way to allow for its upgrade to a four-lane road, if necessary. The proposed design calls for a parkway concept, which includes pedestrian and bicycle facilities, landscaping and an adjacent linear park. The linear park will provide an open space and recreational benefit to the community and will serve to connect McIntire Park, Greenbrier Park, and the City/County greenway along Meadow Creek, with additional linkages, to Pen Park, Charlottesville High School, CA TEC and Charlottesville Catholic School. The proposed road alignment and design in the Meadow Creek Parkway Final Report are consistent with the alignment and design for the City portion of the road. . Northern Free State Road The Northern Free State Road was formerly referred to as the Meadow Creek Parkway Phase II. The UnJAM 2025 Plan recommends that this road be studied in conjunction with the Eastern Connector, based on changes in development patterns and proposed projects in the northern area. It is assumed that portions of the roadway will be built by private developers, and that the character of the roadway may change within and between neighborhoods. This road will be considered with the Route 29 Corridor Transportation Study (29H250) Master Planning process and with the Places29 Study now underway. This road will provide access to existing neighborhoods and areas of development north of Rio Road and potentially connect Urban Area to the Hollymead Community and Route 29, Hillsdale Drive Extended The Hillsdale Drive Extended will connect existing Hillsdale Drive from its terminus at Greenbrier to Hydraulic Road, creating a parallel roadway east of Route 29. This roadway will create an efficient alternate route for many residents, allowing them easier direct access to work, shopping, schools, and community facilities without having to travel on the Route 29 corridor. This roadway should be timed to be completed after completion of the Meadow Creek Parkway. . 5 PbS 25 Southern Parkwav The Southern Parkway will connect Avon Street to 5th Street Extended. Currently, there is no direct east-west connection tmtl of the southern Development Area neighborhoods (4 and 5). This requires travelers to take a circuitous route to travel a very short distance. This road will provide an important east/west connection to the Southern urban area and provide important emergency (fire/rescue/police) access to in the area. This road will also improve east/west traffic now traveling through city neighborhood streets. Since some commuters use Interstate 64 to make this connection, this project could reduce local traffic on the Interstate. The Planning and Coordination Council's (P ACC) Southern Urban Area B Study dated September 10, 2004, identifies a possible alternative for the alignment of the Southern Parkway in Development Area Neighborhood 5 which would link the road into existing and future streets to the south of the identified alignment. Consider the recommendations of the PACC Southern Urban Area Study for possible alignment alternatives and/or other neighborhood street connections to the Parkway as development occurs in this area. Fontaine Ave.-Sunset Ave. Connector Road and Stadium Road Connector There is no collector road which provides a direct connection of the southern Development Areas to the Fontaine Avenue and University grounds area. This requires travelers to use city neighborhood streets to reach these locations. The Fontaine Avenue- Sunset Avenue Connector Road would provide a more direct connection of these areas, reducing traffic impacts to neighborhood streets. The alignment for this road should be consistent with the recommendations of the P A CC 's Southern Urban Area B Study, specifically the alignment noted as Alternative 4 in the Study. The Stadium Read Connect-or would extend Stadium Road on the Uni'.lcrsity Grounds to Fentaine A';Jenue, pre'.liding an important connection from Fontaine Avenuc and the propesed Fontaine A';cnue Sunset Avenue connecwr to Uni';ersity destinations. This road will help address impacts of traffic groH,th 01'1 Fontaine .k;enue. Dc-.'clopment of this road should be consistent with the recommendations of the Southern Urban Area B Study. The alignment of this road should intersect with Fontaine .k;enue at the intersection ofthc propesed Fontaine A'v'enue Sunset A'.lenuc connecwr road. Route 29 (Western) Bvpass The Western Bypass is a proposed six-mile long roadway from the interchange of Route 29 and Route 29/250 Bypass to just north of Route 643 (Polo Grounds Road). It is planned to connect with Route 29 and the proposed Northern Free State Road. The County has been working with VDOT through the MPO to address the County's concerns with the Western Bypass. As a result of this effort, the UnJAM 2025 Plan described the Western Bypass as noted below. The project as designed does not meet community or regional needs, and has been determined too costly for the transportation benefits to be gained (draft 6 eD f 2~ . design plans for the Western Bypass can be found in the Albemarle County Department of Community Development and the local VDOT Residency Office). The transportation goals of the Bypass can be more effectively realized with improvements to the existing Route 29 corridor. Portions of the right-of-way reserved for this project should be considered for potential use in other projects such as Berkmar Drive Extended. The remaining right-of-way should be sold, with the proceeds going toward other projects in the Route 29 corridor that better deliver cost-effective solutions to congestion along the corridor. These include adding additional lanes to Route 29 North. These actions would effectively contribute to the near-term improvements needed to maintain Route 29 as the major north-south automobile and truck route. . Recommendation . Implement the recommendations of the UnJAM 2025 Plan, including but not limited to the following: - The recommendation for the Western Bypass. - To undertake a traffic impact and location study for the Eastern Connector. · Implement the recommendations of the 29H250 Study and implement the transportation recommendations of the Places29 Study, when adopted. · Maintain existing cross-section of Route 250 West from Route 29/250 Bypass to the 1-64 interchange. · Implement improvements to Route 250 East consistent with Neighborhood Plan, when adopted. · Construct the Meadow Creek Parkway, including an interchange at the Route 250 Bypass. · Construct the Hillsdale Drive extension as recommended in the Hillsdale Drive Extension Study. · Complete construction of the Southern Parkway by extending the road to connect to 5tli Street. Consider the recommendations of the P ACC Southern Urban Area Study for possible alignment alternatives and/or other neighborhood street connections to the Parkway. · Construct the Fontaine Avenue-Sunset Avenue connector road and upgrade Sunset Avenue from the connector road to Fifth Street consistent with the recommendations of the PACC Southern Urban Area B Study. · Construct the Stadium Road C01'inectar from the existing end of Sftldium Road to Fonftline A....enue consistent with the recommendations of the PACC Southern Urban Area B Study. · Implement the UnJAM 2025 Plan recommendations regarding the Route 29 Western Bypass. . 7 BtS 2J Road Development There are several major tools and processes that are used to plan for needed road improvements. These tools and processes are discussed below. Six Year Primary and Secondary Road Plans The Primary System Construction Program consists of a prioritized list of improvements and a financial implementation plan for all projects in each locality within the Culpeper Highway District (Culpeper, Fauquier, Madison, Orange, Albemarle, Fluvanna, Greene, Rappahannock, and Louisa Counties). The Board of Supervisors reviews and approves a priority listing of projects for the County and forwards this list to VDOT. The final list of improvements and financial plan is established by VDOT for the entire district. The Six Year Secondary Road Plan also consists of a priority list of improvement projects and a financial implementation plan for all projects within the County. Each year the financial implementation plan must be reviewed and approved for appropriation by the Board of Supervisors. The County adopts a priority listing of projects every two years. The list is based on transportation recommendations identified in the UnJAM 2025 Plan, the Comprehensive Plan, and related planning studies. The total list of projects exceeds anticipated that which can be completed during the six year time horizon of the plan. The County has significantly more control over project priorities on the Secondary System than it does on the Primary System. Traditionally, most County roadway improvements have been limited to funding through VDOT's six year road planning process for both primary and secondary roads. Recently, however, the County has made a more concerted effort to fund the development of proposed roads and work with the development community to encourage participation in the development of these roads. Examples of these projects include the connection of Commonwealth Drive to Greenbrier Drive, and the construction of Hillsdale Drive/Branchlands Boulevard and Berkmar Drive Extended in which the County and developers shared construction costs. In order to take advantage of these types of efforts in the future, it is necessary that the County have an effective transportation planning process which provides standardized methods to identify and prioritize new projects. Future roads which the County proposes for development, but which are ineligible for VDOT construction funds, will need to be funded through the Capital Improvements Program. Recommendation · Maintain and regularly update a County Priority List of Secondary and 8 gtS' ZY . Primary Road Improvements. General Design Standards For Roads The following are general design standards for roads in the County: 1. Design new roads in a manner which is sensitive to County and regional efforts which encourage multi-modal opportunities and neighborhood and pedestrian-friendly character: Provide sidewalks on both sides of the street along all arterials, collectors, and local through-roads in the Urban Area, Communities and Villages unless, other pedestrian access facilities adequately address current needs or pedestrian access in a certain location is deemed inappropriate for reasons of safety. . Encourage, where right of way is reasonably available, paved shoulders on shoulder and ditch designed roads (rural cross- section) and wider outside lanes on curb and gutter designed road (urban cross-section) on any new or reconstructed road to more safely accommodate bicycles. Paved shoulders also improve long term road maintenance by reducing pavement deterioration along road edge of rural cross-section roads. Accommodate, where appropriate, bus stop pull-outs or other improvements necessary to support bus service. For new major road projects consider long term need for additional room to support mass-transit facilities (rapid/express bus lanes, rail service, etc.). Major road projects can be considered a significant widening or improvement to a primary road or a secondary road. 2. In the Rural Area, road improvements should be designed to protect environmentally sensitive areas and conform to County goals to preserve rural character. In this regard, improvements which contribute to increased vehicle speed, such as straightening alignments and additional lanes may create less safe conditions and may not be consistent with the rural character of the County. Paving shoulders for enhanced safety and bike use should be encouraged. In the Development Areas, streets should be designed with a streetscape (sidewalks and plantings) that support the Neighborhood Model. Any anticipated road improvements or construction in sensitive or significant resource areas as defined by the Open Space Plan, Natural Resource and Cultural Assets Plan, or other documents should receive extremely careful scrutiny and provide protection measures to eliminate ecological, environmental, and aesthetic concerns. . 9 BD$' 2-1 3. Landscaping should be provided along major roads in the Urban Area, Communities and Villages, particularly along designated Entrance Corridor Roadways and areas of intensive development. 4. Mast arm traffic light poles and street light poles and sIgns are encouraged over hanging street lights. 5. Locate utilities underground where feasible. If utility poles are to be above ground, encourage their consolidation into one corridor along the road. 6. Minimize clearing activities associated with construction to the greatest extent feasible. 7. Require interconnection of adjacent developments/neighborhoods within Development Areas, and, where appropriate, in Rural Area development, to achieve a local road system and provide alternatives to the regional road network for local trips. This principle should apply to residential and non-residential developments. "Traffic calming" measures (lower speed limits, all directional stop intersections, speed bumps, traffic channeling measures). 8. Discourage direct access from individual lots to arterial and major collector roads. Utilize joint entrances, frontage roads, and side street access or other methods to reduce access points to adjacent properties on major collector or arterial roads. 9. Minimize the number of access points per parcel or development area to those necessary to provide safe and convenient access to and from the site. 10. Minimum desirable separation of street intersections is 1,000 feet for principle arterial roads and 800 feet for minor arterial roads. Minimum desirable spacing for cross-overs (divided road) is 1,300 feet for principle arterial and 1,000 feet for minor arterials. Entrances shall be located either directly across from a cross-over or at a minimum of 500 feet from a crossover. Encourage use of block configurations in the Development Areas. Block lengths should range from 200-600'. 10 e65 '3 D . Traffic Reduction Traffic reduction initiatives are intended to reduce dependency on the automobile, and change the pattern of single-occupant auto trips, as the dominant means of transportation. Although it is recognized that auto travel will continue to be a primary means of travel, reducing auto trips can: 1) delay the need for road improvements by better utilizing existing road capacities; and, 2) conserve fuel and reduce pollution (air, water, noise). Alternative transportation services and initiatives which can reduce single-occupant auto travel include public transit services, ride-sharing/vanpooling programs, bicycle and pedestrian access facilities, and travel demand reduction techniques such as tele- commuting and flex-time work hours. Adherence to the General Principles for Transportation recommendations for the above noted services and facilities should serve to implement traffic reduction initiatives. Transportation Services . Public transportation includes any public mass transit services available to County residents such as the Charlottesville Transit System (CTS), the University Transit Service (UTS), and JAUNT. The County also benefits from other providers it does not fund, such as taxi services and inner-city bus services. The transit service providers to the County are described in more detail below. An important component in planning and providing public transportation services is the "Private Sector Process" adopted by MPO members. This process is designed to more equitably involve the private sector when selecting public transportation service options. The inclusion of the private sector perspective has resulted from Federal Transportation Administration (FT A) regulations requiring: (1) notification of proposed services to private providers; (2) consultation with private enterprise for public services; (3) consideration of private carriers in providing services; (4) comparison of costs between service proposals by the private and public sectors; and, (5) complaint resolution mechanisms for private operators. . Charlottesville Transit Service (CTS) Public transportation in the Charlottesville and the urban areas of Albemarle County is provided by Charlottesville Transit Service (CTS). CTS operates six days a week with ten daily, fixed routes, one demand response, and six night service routes throughout the urban area. Creating the hub of the public transportation network, bus routes circle around the downtown pedestrian mall before breaking off in the designated direction. CTS service extends south to Interstate 64, as far up Route 29 North to Wal-Mart, and east to Pantops. Buses are wheelchair accessible and CTS offers paratransit programs, in conjunction with JAUNT, for riders with disabilities who are unable to use regular route buses. CTS buses are also equipped with bike racks. The County will continue to: · Implement County related recommendations of the Charlottesville Transit 11 86'S '11 Development Plan, and participate in its update which occurs every five years. . Continue to support Thomas Jefferson Planning District Commission (TJPDC) Rideshares services and the Commuter Information Team (CIT). . Participate with TJPDC, MPO, and Rural Area Transportation Long Range Plan to develop regional plan for park and ride lots. . Continue to work with area employees to reduce single occupancy commuter vehicles. JAUNT JAUNT, Inc. is a regional transportation system providing fixed-route and demand- response service to the citizens of Charlottesville, Albemarle, Fluvanna, Louisa, and Nelson Counties. JAUNT receives federal and state mass transit funding as well as funds from the local governments, human service agency payments and passenger fares. The eighty-vehicle fleet carries the general public, agency clients, the elderly and people with disabilities throughout Central Virginia. Mobile Data Computers have been installed in all of JAUNT's vehicles and new, sophisticated scheduling software handles all 1,200 scheduled trips per day. Reservationists can quickly find the most effective vehicle for each trip, dispatchers know exactly where each vehicle is, and operators access their trip information directly from their on-board computer. Fixed route services primarily connect outlying communities to the urban area, but routes to less populated centers are available as well. Weekday transit routes operate on most primary roads: Route 29 North and South, Route 20 South, Route 250 East and West, and Interstate Route 64. Routes in rural Albemarle County originate in various communities including Scottsville, Covesville, North Garden, Keswick, Advance Mills, Earlysville and Slate Hill. The following services are provided to the County by JAUNT: . Coordinated transportation services for all human service agencies serving the County. . Rural public transportation servIces, including rural to urban commuter work runs. . Special services to the handicapped and elderly, including door-to-door pre- arranged personalized service. . Supporting services to the handicapped in CTS areas. U niversitv Transit Service (UTS) UTS offers transportation and charter services to students, employees, and visitors to the University of Virginia. It operates twenty fixed routes throughout the calendar year, with a focus on the academic year. UTS has three types of service: full, holiday, and commuter. Transfers can be made between CTS and UTS buses. 12 gD)' 32 . Currently, UTS is wholly owned and operated by the University and is funded through mandatory student fees and parking passes. The service is oriented toward students, faculty, and employees of the University. The County's growth management policy and land use plan create both distinct advantages and disadvantages in providing public transportation services. The effort to concentrate growth in specified Development Areas, particularly in the Urban Area around the City, permits a large portion of the population to be served with relative ease and efficiency. However, the low density and wide dispersal of population in the Rural Areas make it more difficult to provide convenient access to public transportation to those areas in a cost effective manner. While providing public transportation in the urban areas only is consistent with the County's growth management policy, it results in little or no service to low-and moderate-income individuals and families, the elderly, and the handicapped who reside in the rural regions of the County. . Ride Sharine: RideShare is a program of the Thomas Jefferson Planning District Commission working to reduce traffic congestion and increase mobility throughout the city of Charlottesville and the counties of Albemarle, Fluvanna, Greene, Louisa, and Nelson by promoting alternatives to the single occupant vehicle. Its services includes car and vanpool matching, referrals to transit providers, inventory, marketing, development of Park and Ride lots, operating the Guaranteed Ride Home Program, and promotion of bicycle and pedestrian transportation. This program is continuing to expand and most recently has implemented a SchoolPool program, to assist schools with traffic congestion that frequently occurs in their lots. RideShare is also an active participant of the Commuter Information Team (CIT) which includes RideShare, Charlottesville Transit Service (CTS), JAUNT, University Transit Service (UTS), and Greene County Transit. Park and Ride lots located in Albemarle County include: Scottsville - Rt. 20 at the Scottsville Market Keene Mountainside Senior Living Avon Street Extended Pantops Shopping Center Darden Towe Park Wal-Mart Forest Lakes South Entrance Peace Lutheran Church . Forest Lakes North (Health Services Center) Maple Grove Church 13 00 S 'j 1 Grace United Methodist Church Recommendations · Identify methods of funding transit services and develop a funding structure/program to support transit in the County. · Expand transit service in the Urban Area, and to the Hollymead, Cedar Hill Mobile Estates and Piney Mountain Communities. · Utilize the Transit Development Plan and other studies (including MPO/UNJAM studies, Master Plans, and PACC Area B Studies) to assist in determining the location and timing for the provision of transit services. · Consider expansion of service hours to include nights and weekends on appropriate routes to improve ridership and service. · Continue to recognize and support JAUNT as the primary public transportation provider for rural Albemarle County and the County's transportation disadvantaged. · Continue to support MPO and JAUNT ride-sharing services. · Participate with MPO and JAUNT to develop a regional system of park and ride lots. · Work with area employers through MPO to encourage development of ridesharinglvanpooling programs and travel demand reduction programs. Encourage development of ride sharing and travel demand reduction programs in evaluating rezoning and parking lot requests for major industrial, office, and commercial projects. Pedestrian, Bicycle, and Greenway Access Pedestrian and bicycle access is an important aspect of the County's overall transportation system. Walkways and bikeways provide for safe and convenient travel and improve the efficiency of the roadway system by reducing potential conflicts between motor vehicles and pedestrians/cyclists. Pedestrian and bicycle access improvements can also complement and enhance the mass transportation system by improving access to bus stops and places of economic activity. The provision of an effective pedestrian/bicycle system can also enhance the sense of community within developed or developing areas of the County by providing pedestrian/bicycle facilities that interconnect communities and facilitate and encourage interaction within the area. 14 (l6S' $1 . Appropriate facilities such as walkways, pathways and bike facilities create a safe and effective pedestrian/bicycle environment. These facilities alone, however, do not provide for adequate safe and efficient access, and as a result, additional facilities or improvements may be necessary such as street lights, signs, and other road intersection improvements. The Department of Community Development in cooperation with the Thomas Jefferson Planning District Commission has developed the Jefferson Area Bicycle, Pedestrian, and Greenways Plan. This Plan will replace the existing Pedestrian Obstacle Study, and the Bicycle Plan for the City of Charlottesville and Albemarle County. . The purpose of this plan is to provide information and guidance on development of facilities and other accommodations to enhance safe bicycle and pedestrian travel within the Thomas Jefferson Planning District. This plan will also satisfy the Virginia Department of Transportation requirement that a roadway be identified as a bike lane or sidewalk in a locally adopted bicycle or pedestrian plan before improvements can be made. Descriptions are given as to how localities can create and maintain safe and efficient walking and biking systems, linking people to the services they need. An overall network is proposed that connects the many communities of the region, and smaller networks proposed for within those communities. The plan also identifies methods for increasing awareness among the public, especially automobile drivers, about the needs of walkers and cyclists. The Plan provides recommendations for both physical improvements and programs aimed at improving bicycle and pedestrian facilities and safety, and discusses implementation and funding issues. The improvement recommendations from the study are provided in Appendix B of the Land Use Plan. The Jefferson Area Bicycle, Pedestrian, and Greenways Plan begins with a description of existing conditions, demand and need, and possible facility types for both bicycles and pedestrians. The Plan allows for links to surrounding localities. Public input was invaluable to the development of this plan. Local biking clubs and organizations were invited to the meetings. The Jefferson Area Bicycle, Pedestrian, and Greenways Plan incorporates the recommendations of the County's Greenway Plan (Appendix A of the Natural Resources and Cultural Assets Section of the Comprehensive Plan (page 201). Goals and Objectives of the Regional Plan are: GOAL 1: Provide a comprehensive and coordinated regional bicycling and walking system. . Objective: Provide safe bicycle and pedestrian access to public facilities, employment and commercial centers, schools, residential areas, and recreation and tourism attractions. Objective: Integrate bicycles and pedestrians into planning for transportation and land development. Objective: Ensure consistency among local plans, designs, and facilities in the region. 15 o r 1c I:;;1>J ;:; Objective: Provide adequate support facilities for the travel networks. Objective: Encourage developers to include bicycle and pedestrian access in projects. Objective: Integrate bicycle and walking networks with transit systems. Objective: Preserve and restore walking and bicycle access when roadways expand. GOAL 2: Provide safe bicycle and walking networks. convenient for all users. Objective: Provide a system that serves expert, intermediate, and novice users of all ages. Objective: Provide a system that serves recreational and utilitarian user needs. Objective: Create a network easily used by residents, guests, and tourists. Objective: Develop a system that meets or exceeds VDOT standards. Objective: Minimize potential conflicts between bicycles, motor vehicles, and pedestrians. Objective: Provide signage, markings, and physical improvements to ensure safe and easy usage. Objective: Provide and maintain riding surfaces free of obstructions, trash, gravel, and other hazards. Objective: Develop improved methods of bicycle accident data gathering, analysis, and retrieval. GOAL 3: Educate the public of bicycling and walking advantages. facilities. safety and regulations. Objective: Develop a comprehensive public information and education program to raise the community's awareness and enjoyment of walking and bicycle riding facilities. Objective: Inform public of health and environmental benefits to further entice users. Objective: Incorporate maps of facilities into standard transportation and tourist maps. Objective: Inform bicyclists and pedestrians of their responsibility in relation to traffic. Objective: Educate bicyclists and drivers on the rules of the road and bicycle safety. GOAL 4: Establish a system to coordinate steady implementation of the plan. Objective: Establish priorities for facility development consistent with funding priorities while maintaining flexibility to develop any segment of the system as opportunities permit. Objective: Develop facilities which are cost efficient to construct and maintain. Objective: Maintain awareness of and pursue all potential funding sources. Objective: Hire staff at each locality or regionally to be in charge of grant writing, plan coordination, and other activities that will provide the necessary support to implement the plan. 191.1 8DS J 0 . Recommendations · Utilize the existing Neighborhood and Master Plans for identifying potential walkway, bicycle, greenway, and streetlight projects. · Implement the recommendations of the Jefferson Area Bicycle, Pedestrian and Greenway Plan. · Evaluate existing Zoning and Subdivision Ordinance requirements and enabling legislation to ensure pedestrian facilities are being provided as called for in this Plan. · Evaluate the need (and method) for the County to supplement VDOT's walkway maintenance, grassy strips, and tree lawn areas. · Maintain an on-going walkway, bicycle, and greenway construction fund in the Capital Improvements Program. Utilize all possible funding sources for the construction of walkways and bicycle facilities, · Utilize Development Standards for Roads and Land Use Standards for Development as guidelines for pedestrian facility development. . . Implement the recommendations of the existing Bicycle Plan for the City of Charlottesville and Albemarle County. Regularly review and update Plan. Include bicycle and sidewalk facilities within new major developments depending on their location. Provide amenities such as bike racks and shower facilities. · Consider using VDOT and railroad excess right-of-way for multi-use trails. Other Transportation Types Air Travel . The purpose of the Charlottesville-Albemarle Airport Master Plan of August 18, 2004 is to provide the Charlottesville-Albemarle Airport Authority with useful, understandable information and guidance to develop and maintain a safe and efficient airport. It also provides the Federal Aviation Administration (FAA) and the Virginia Department of Aviation with information concerning the planned development at Charlottesville- Albemarle Airport. The Charlottesville-Albemarle Airport Master Plan is a (:5DS 3 ~I {3DS B ~ . . . ATTACHMENT 0 STAFF PERSON: PLANNING COMMISSION WORK SESSION: DAVID BENISH JANUARY 9, 2007 RE: Southern Urban Area B Study CPA and Granger Property CPA PURPOSE OF WORK SESSION: This work session is to review proposed text amendments to the Comprehensive Plan incorporating the recommendations of the PACC Southern Urban Area B. The draft amendments also include text amendments addressing a public request to amend the Comprehensive Plan land use recommendation for the Granger property, which is located within the Southern Urban Area B study area. The Commission previously discussed these proposals at a November 28, 2006 work session. BACKGROUND: Southern Urban Area B Study - Under the Three Party Agreement signed by the City, County and University in 1986, certain areas adjacent to the University of Virginia in the City and County were designated as "Area B," where joint planning efforts among the three jurisdictions will be conducted. The Planning and Coordination Council (PACC) was established by the Agreement to oversee these activities and coordinate planning among the jurisdictions. A number of Area B studies have been completed over the years, including West Main Street, Venable, Lewis Mountain, and Blue Ridge Hospital. The Southern Urban Area B Study is an update of a previous Area B study for this area completed in 1989. Granger Property CPA Request - A Comprehensive Plan Amendment proposal has also been submitted by the owner of the "Granger" property to change the land use designation of this area to "Office Service" use. The 69.5 acre Granger property is located south of the Norfolk Southern railroad track and is bounded by 1-64 to the west, Sunset Avenue to the South, and Stribling Avenue and Moore's Creek to the east. The property is located within the boundary of the Southern Urban Area B Study area. The County's Comprehensive Plan's Land Use Plan currently recommends this area for "Neighborhood Density Residential" (3-6 du/ac) use. The Southern Area B Study recommends a combination of "Mixed-Use" and "High Density Residential" (16-24 du/ac) uses. Since the Granger property is a key site within the Southern Urban Area B Study area, the Area B CPA and "Granger CPA" have been reviewed and discussed together in a unified process. A COpy of both the Area B Study and a Gram:!er CPA (bound booklet) were provided to the Commission for the November 28th work session. DISCUSSION: Traditionally, Area B studies have been incorporated into the County's Comp Plan by general reference and the documents have stood as separate documents under separate cover. For example, the Area B Study covering the Blue Ridge Hospital area is 1 6~ S 3 q included in the Comprehensive Plan as a recommendation listed in the Land Use Plan's Profile for Neighborhood 4. It states "Consider the recommendations of the City/County/University Planning and Coordination Council's Blue Ridge Neighborhood Area B Study." Several other recommendations regarding the Area B Study were also included in the Comprehensive Plan for emphasis, specifically comments related to the Study's recommendations for development of the Blue Ridge Hospital site and for the PVCC campus. Staff recommends followina the same approach for includina the Southern Urban Area B into the Comprehensive Plan including more specific statements included within the body of the Comprehensive Plan document, specifically in the Recommendations section of the Neighborhood Profiles for Neighborhoods 4, 5 and 6. While the Southern Urban Area B Study is lengthy, much of the information provided in the Study document is supporting technical information. The recommendations of the Study can be found in Section III. Development Scenarios, and are summarized on pages 13 and 14. Commissioners may want to focus their review on this section of the Study. The "Framework Plan" can be found on page 15. Several recommendations are made for areas that are outside of the PACC's Area B Study boundary, but were studied and proposed by the consultant at the direction of the County and PACC. Staff worked closely with the Study consultant and PACC in the development of the Area B Study and supports most of the recommendations of the Study. The Area B Study recommendations would add to and/or modify some of the recommendations now in the Land Use Plan for this area. The recommendations cover areas in both the City and County. Recommendations related to the County include: . Numbers 2-9 under Land Use and Urban Design Characteristics (p. 13); . Numbers 1,2 and 4-6 under Infrastructure and Transit Possibilities (pp. 13-14); . All items listed under Open Space, Historic Preservation, and Planning (p. 14). SUMMARY COMMENTS AND RECOMMENDED AMENDMENT LANGUAGE: For this section of the report, the staff's summary comments on the major recommendations of the Area B Study from the November 28th staff report have been provided, followed by provided proposed amendment language to be included in the Comprehensive Plan in blue type: land Use and Urban Design Characteristics (p. 13) #2. "New neighborhood on the Granger property"-- The Area B Study recommends a combination of "Mixed-Use," "High Density Residential" (16-24 du/ac), and "Park/Open Space" uses. The Southern Urban Area B Study does not provide a specific definition of the "Mixed-Use" designation shown on the land use plan, and does not provide any information on the specific elements of the mix. The Study does state the following: To accomplish the goal of an integrated and better functioning community... [Slome of the possible approaches presented in this report include: . A new neiahborhood center on the Granaer property. with small scale mixed-use. transit stops and connection to a new park and open space system of Moore's Creek and beyond. 2 0",-\ 40 DJ..- /, . The Study also indicates that the Granger site is one of "at least two settings where compact, interconnected 'neighborhoods' could emerge... Housing numbers in this area alone could be significant (500-750 for the Granger property alone... II (p. 34, Housing Issues). The small scale service area is a very important component in this area because of the extensive residential development already developed and approved in this area and the lack of service to support this population. Staff opinion is that either an Office Service/Mixed-Use land use designation or High Density Residential/Mixed-Use land use designation is an appropriate designation for the Granger property. Staff believes that the Office Service/Mixed-Use designation provides a better balance of land uses in the southern Development Areas, which are currently lacking developable areas for new office/industrial development. The critical issues for future reviews of any development on this site will be density, scale and form of development. The level of development permitted on-site will need to be limited to that which can be accommodated on the planned road network, and timed with the development of the planned improvements to the road network. Intensity of development on-site (massing, scale, form, orientation, and green design) will be important to address neighborhood model design, environmental, and Entrance Corridor issues. . Staff comment (1/9): Based on the Commission's discussion of the Granger proposal, there was a general consensus to allow for an Office Service/Mixed-Use development on this site, consisting of a mix of office-employment and support commercial uses, with the possibly for residential as part of the mix. Staff recommends the following text be added to the Neighborhood 5 Profile of the Comprehensive Plan: . "An Office Service-Mixed Use land use is recommended for the Granger tract, A new neighborhood center is anticipated as a component of this mixed-use development, with small scale mixed-use, transit stops and connection to a new park and open space system of Moore's Creek and beyond. The level and intensity of development permitted on this site (total square footage/number of units of development and the mix of uses) should be limited to that which can be supported by the planned road network. Any rezoning and/or development of the site should be timed with the construction of recommended/planned improvements to the road network which provide an adequate level of service to support development in this area. The intensity of development on-site (massing, scale, form, orientation, and green design) will be important to addressing neighborhood model design, environmental, and Entrance Corridor issues. In addition, the following are also recommended for this site: . - Supporting commercial services of a neighborhood scale should be provided with the development of this site to provide necessary convenience services currently not available and to provide these services within a walkable/bikeable distance of a large population concentration in this area, Residential use may be a component of the mix of the uses developed on this site. 3 e6S 41 - The proposed Sunset Avenue-Fontaine Avenue connector shall be accommodated on-site consistent with "Alternative 4" recommended in the PACC Southern Area B Study. Provision of the road will be an expectation for any rezoning request and subsequent development of this site. - The provision of pedestrian, bike facilities, and transit service and/or transit ready site design will be an expectation of any development of this site. -Open space, greenway and park area recommended in the Comprehensive Plan and the Southern Area B Study should be provided on this site, -Minimize the visual impacts to the Entrance Corridor through maintenance of vegetated buffers, and careful site grading, and careful treatment of building locations, heights, massing and clustering on the site. "Green" building and site design concepts should be incorporated into the project development. -Water quality impacts will be an important consideration for any future development of this site. Measures should be put in place to not only minimize stream impacts, but also to help improve the current condition of Moore's Creek." #3 - "Old Lynchburg Road Rd. and Fifth Street neighborhood center"-- This recommendation is generally consistent with the current land use designations in the County Land Use Plan. Staff does not feel any additional comments or aualifvina statements are necessary to address this recommendation. The Study does show this area as a possible school site. Staff believes this area provides a reasonable option for a school location. Staff comment (1/9): No text amendment recommended regarding this Area 8 Study recommendation. #4 - "Trinity Presbyterian Church neighborhood center" -- This area is currently shown for Neighborhood Density Residential and Neighborhood Service use. While the Area 8 Study shows some areas at 16-24 dulac, the traffic study modeled the area for a gross density more in keeping with the current Comprehensive Plan land use designations (mostly Neighborhood Density Residential, with some small amount of Urban Density Residential). Staff recommends that the mixed use concepts be considered a possible land use option, but at the gross densities currently shown in the County Land Use map in order to limit the traffic impacts to Fontaine Ave. from this development. The non-residential uses should be very limited in scale (neighborhood scale and orientation). Staff comment (1/9): Staff recommends the following text be added the Neighborhood 6 Profile of the Comprehensive Plan: . "Mixed Use development may be permitted on Fontaine Avenue in the vicinity of Trinity Church. The gross density of the mixed use development should be consistent with Neighborhood Density Residential and Neighborhood Service designations as shown in the Land Use Plan. " 4 abS 41- . #5 - "Additionallnfill Development possibilities at Fontaine Research Park with limited mixed uses (service & retail, not residential)"-- The research park is a very good location (close to downtown, U.Va., hospital, Bypass) to continue providing this type of land use. It is currently limited to 535,000 sq ft. total on site. The site is currently built out. A rezoning request is under review that would add an additional 30,000 square feet of laboratory and research space. Additional support commercial on-site is important to serve the park and the immediate area. The primary concern with expansion will be the impact on the existing and proposed street system. Any expansion to the Park should be limited to that which can be sustained on this street system with planned improvements, and the timing of the expansion should be consistent with improvements to the road network and transportation system. . Staff comment (1/9): Staff recommends the following text be added the Neighborhood 6 Profile of the Comprehensive Plan: · Infill and expansion of the Fontaine Research Park may be permitted. The level of expansion permitted on-site should be limited to that which can be supported by the planned road network, and timed with the construction of the planned improvements to the road network which provide an adequate Level of Service to support development in this area. Additional support commercial should be provided on-site in the future to serve the park and the immediate area. In addition, the following are also recommended for this site: - The proposed Sunset Avenue-Fontaine Avenue connector shall be accommodated on-site consistent with Alternative 4 of the PACC Southern Area B Study. Provision of the road will be an expectation for any rezoning request in this portion of the study area. - The provision of pedestrian, bike facilities, and transit service and/or transit ready site design will be an expectation with any new development of this site. -Provide additional access points to the Research Park on the Sunset Avenue-Fontaine Avenue connector road and Fontaine Avenue. - Minimize the visual impacts to the Entrance Corridor through maintenance of vegetated buffers, and careful site grading, and careful treatment of building locations, heights, massing and clustering on the site. "Green" building and site design concepts should be incorporated into the project development. . -Water quality impacts will be an important consideration for any future development of this site. Measures should be put in place to not only minimize stream impacts, but also to help improve the current condition of Moore's Creek and its tributaries." 5 ~)' 13 #6 - "Possibility of attached residential with mixed-use at Department of Forestry" -- This may be considered a viable optional use for this site at some point in the future. However, the Department of Forestry use is unlikely to change within the next 5-10 years. Staff comment (1/9): Staff does not recommend amending the Comprehensive Plan to reflect this Area 8 Study recommendation. #7- "Single-family detached residential south of railroad tracks across from Granger property."-- This statement acknowledges the existing Redfields development. There are no recommendations for changes in this area proposed in the Study. Staff comment (1/9): No amendment is needed. #8 - Residential and mixed-use opportunities and 1-64 interchange" - This recommendation generally refers to the same area discussed in #3, above. Staff has no additional comments. Staff comment (1/9): No amendment is needed. Recommendation #9 - "Possible location of new County elementary school in this neighborhood center" - Staff believes this area does provide a reasonable option for a school location, but it should not be considered the only possible site in the area or the preferred site at this time. Staff comment (1/9): Staff is not recommending any additional language be added to the Comprehensive specifying this area for a school site. Staff is recommending that a general statement be added to the Profiles for Neighborhoods 4, 5 and 6 which states: . "Consider the information and recommendations of the PACC Southern Urban Area B Neighborhood Study (found under separate cover). " The purpose of this general statement is to recognize that there is useful information and ideas within the study that may be helpful when addressing/evaluating issues in the area, and that the Study should be consulted when considering comprehensive planning, land use and development related issues within the study area (such as when a school location study needs to be conducted in this area). Infrastructure and Transit Possibilities #1 - "Add Fontaine/Sunset Connector Street and/or re-open Sunset Avenue Bridge" - This is a key recommendation of the Study. This road will provide a critical alternative link from the County's southern urban areas to the University and the City, relieving traffic impacts on Old Lynchburg, Jefferson Park Avenue (JPA), and Cherry Avenue. The Study establishes a preferred alignment, Alternate 4 (Refer to pages 16-24 for further information). The Fontaine-Sunset Connector Road is assumed to be a two- lane road (35 mph) in this study. 6 f6S 41 . . . Staff comment (1/9): Staff recommends the following text be added to the Profiles for Neighborhood 5 and 6 of the Comprehensive Plan: · Construct the Fontaine/Sunset Avenue Connector Road as recommended in the Southern Urban Area B Study, specifically Alternative 4, and improve the existing alignment of Sunset A venue from the new connector road to its intersection with Fifth Street. #2 - "Extend Stadium Road from Fontaine Ave, connecting with...new Fontaine/Sunset Avenue" - Due to the limited improvements planned for Fontaine Avenue (and limited capability to further widen), the Stadium Road extension will become an essential improvement to support future development in this area. Traffic modeling indicates that Fontaine Avenue already functions at Level of Service E and would function at a Level of Service of F under either current by-right development, current Comp Plan recommended densities, or Area B Study recommended densities. Stadium Road will be essential to distribute traffic to destinations in the area and to create a viable road network. Staff comment (1/9): Staff recommends the following text be added the Profile for Neighborhood 6 of the Comprehensive Plan: · Construct an extension of Stadium Road to Fontaine A venue, The intersection of this extension should align with the intersection of the future Fontaine/Sunset A venue connector. #4 - "Add new connector road north of 1-64 between Fifth Street and Avon in conjunction with private sector development..." - This is the connector located on the Willoughby-Fifth site. This recommendation is already in the Land Use Plan. Staff comment (1/9): This road is already a recommended in the Comprehensive Plan (Neighborhood 4 Profile); therefore, no additional amendment is needed. #5 - "Build the projected Southern Parkway (with revised location linked to Sunset Avenue Extended" -- The southern parkway is already identified on the Land Use Plan. The alternate location provides for a more neighborhood scale road network in the southern area. This alignment concept should be noted as a viable option for development. Staff comment (1/9): Staff recommends the following text be added the Neighborhood 4 and Neighborhood 5 Profile of the Comprehensive Plan: · Construct a road connecting A von Street Extended and Fifth Street by extending Southern Parkway to connect to Fifth Street, providing access to 1-64 and traffic circulation within, and between Neighborhoods 4 and 5. Consider the recommendations of the Southern Urban Area B Study for possible alignment alternatives for the Parkway and/or other neighborhood street interconnections to the Parkway to create a more integrated street network in the Neighborhood 5 7 ~ 05 f'; #6 - "Add new EastlWest connector south of 1-64 between Sunset Avenue and Old Lynchburg Road" - Staff believes this road would be very expensive to construct, is located on difficult terrain, and would be of limited utility. This road should not be included the Land Use Plan amendment. Staff comment (1/9): This Area 8 Study recommendation for a road just south of 1-64 connecting Sunset Avenue to Old Lynchburg Road is not recommended for inclusion into the Comprehensive Plan. Open Space, Historic Preservation, and Planning #1-7 - All of these recommendations are viable and most are already incorporated into the Land Use Plan to some extent (specifically, #'s 1, 2, 5, and 6 are shown as either open space or greenways in current Land Use Plan), The Study also makes bicyclel pedestrian facility and transit recommendations, which can be found on page 33 of the Study. Staff comment (1/9): Staff recommends the following text be added the Profiles for Neighborhoods 4, 5 and 6 of the Comprehensive Plan: . Consider the transit, bicycle and pedestrian recommendations of the Southern Urban Area B Study. RECOMMENDATION: Staff requests the Commission provide comment on the proposed amendment language and schedule public hearings for the Southern Urban Area 8 Study CPA and Granger Property CPA. ATTACHMENTS None 8 B b S ifh . . . ~DS 1'7 BuS 4~ . . . ATTACHMENT E STAFF PERSON: PLANNING COMMISSION WORK SESSION: DAVID BENISH NOVEMBER 28, 2006 RE: Southern Urban Area B Study CPA and Granger Property CPA PURPOSE OF WORK SESSION: The County is in the process of amending its Comprehensive Plan to include the recommendations of the Southern Urban Area B Study adopted by PACC. A Comprehensive Plan Amendment proposal has also been submitted by the owner of the "Granger" property to change the land use designation of this area to "Office Service" use. The 69.5 acre Granger property is located south of the Norfolk Southern railroad track and is bounded by 1-64 to the west, Sunset Avenue to the South, and Stribling Avenue and Moore's Creek to the east. The property is located within the boundary of the Southern Urban Area B Study area. The County's Comprehensive Plan's Land Use Plan currently recommends this area for "Neighborhood Density Residential" (3-6 du/ac) use. The Southern Area B Study recommends a combination of "Mixed-Use" and "High Density Residential" (16-24 du/ac) uses. Since the Granger property is a key site within the Southern Urban Area B Study area, the Area B CPA and "Granger CPA" should be reviewed and discussed together in a unified process. A copy of the both the Area B Study and a GranQer CPA (bound booklet) are provided with this report. This work session is to begin to discuss with the Commission the issues, findings and recommendations for these CPAs. Staff would like feedback from the Commission regarding staff's findings and preliminary recommendations. Representatives for the Granger CPA proposal will present the project and be available to answer questions. This report is structured to provide background, discussion, and recommendations for each project separately below, beginning with the Southern Area B Study. SOUTHERN URBAN AREA B STUDY: Backaround: Under the Three Party Agreement signed by the City, County and University in 1986, certain areas adjacent to the University of Virginia in the City and County were designated as "Area B," where joint planning efforts among the three jurisdictions will be conducted. The Planning and Coordination Council (PACC) was established by the Agreement to oversee these activities and coordinate planning among the jurisdictions. A number of Area B studies have been completed over the years, including West Main Street, Venable, Lewis Mountain, and Blue Ridge Hospital. Because of increasing development activity in the Jefferson Park Avenue/Fontaine/Sunset Avenue neighborhoods, the City, County, and University agreed to update an earlier Area B Study completed in 1988. In June 2003, the Renaissance Planning Group was retained as consultant for the project. In May 2004 eO) LJL'( an addendum to the original contract was signed by the three parties, to procure additional services from Renaissance and Kimley-Horne and Associates, Inc. for an engineering evaluation of transportation connection alternatives between Fontaine Avenue and Sunset Avenue Extended. The Area B Study was reviewed and approved by the Planning and Coordination Council (PACC) in late 2004. The Board of Supervisors and City Council received one presentation of the Study prior to PACC approval. The City Council and the Board of Supervisors have had an initial review of the Study and its major recommendations. The City has not adopted the study into its Comprehensive Plan, but is considering the Area B recommendations as part of the review and update of its Comprehensive Plan now underway. Traditionally, Area B studies have been incorporated into the County's Comp Plan by general reference and the documents have stood as separate documents under separate cover. For example, the Area B Study covering the Blue Ridge Hospital area is included in the Comprehensive Plan as a recommendation listed in the Land Use Plan's Profile for Neighborhood 4. It states "Consider the recommendations of the City/County/University Planning and Coordination Council's Blue Ridge Neighborhood Area B Study." Several other comments regarding the Area B Study are also included for emphasis, specifically comments related to the Study's recommendations for development of the hospital site and for PVCC. Staff recommends followino the same approach for includino the Southern Urban Area B into the Comprehensive Plan. There will be several additional statements/ recommendations that will need to be added to specify County expectations regarding Area B Study implementation. Discussion: While the Study is lengthy, much of the information provided in the Study document is supporting technical information. The recommendations of the Study can be found in Section III. Development Scenarios, and are summarized on pages 13 and 14. Commissioners may want to focus their review on this section of the Study. The "Framework Plan" can be found on page 15. Several recommendations are made for areas that are outside of the PACC's Area B Study boundary, but were studied and proposed by the consultant at the direction of the County and PACC. Staff worked closely with the Study consultant and PACC in the development of the Area B Study and supports most of the r,ecommendations of the Study. The Area B Study recommendations would add to and/or modify ,some of the recommendations now in the Land Use Plan for this area. The recommendations cover areas in both the City and County. Recommendations related the County include: . Numbers 2-9 under Land Use and Urban Design Characteristics (p.13); . Numbers 1,2 and 4-6 under Infrastructure and Transit Possibilities (pp. 13-14); . All items listed under Open Space, Historic Preservation, and Planning (p.14). Staff has provided summary comments on the major recommendations: Land Use and Urban Design Characteristics #2. "New neighborhood on the Granger property"-- The Area B Study recommends a combination of "Mixed-Use," "High Density Residential" (16-24 du/ac), and "Park/Open Space" uses, The Southern Urban Area B Study does not provide a specific definition of 2 g D S C)b . the "Mixed-Use" designation shown on the land use plan, and does not provide any information on the specific elements of the mix. The Study does state the following: To accomplish the goal of an integrated and better functioning community...[S]ome of the possible approaches presented in this report include: · A new neiqhborhood center on the Granqer property. with small scale mixed-use, transit stops and connection to a new park and open space system of Moore's Creek and beyond. The Study also indicates that the Granger site one of "at least two settings where compact, interconnected 'neighborhoods' could emerge... Housing numbers in this area alone could be significant (500-750 for the Granger property alone..." (p. 34, Housing Issues). The small scale service area is a very important component in this area because of the extensive residential development already developed and approved in this area and the lack of service to support this population. This recommendation will be discussed further with the review of the Granger CPA later in this report. . #3 - "Old Lynchburg Road Rd. and Fifth Street neighborhood center"-- This recommendation is generally consistent with the current land use designations in the County Land Use Plan. Staff does not feel any additional comments or qualifying statements are necessary to address this recommendation. The Study does show this area as a possible school site. Staff believes this area provides a reasonable option for a school location. #4 - "Trinity Presbyterian Church neighborhood center" -- This area is currently shown for Neighborhood Density Residential and Urban Density Residential. While the Area B Study shows some areas at 16-24 dulac, the traffic study modeled the area for a gross density more in keeping with the current Comprehensive Plan land use designations (mostly Neighborhood Density Residential, some Urban Density Residential). Staff recommends that the mixed use concepts be considered a possible land use option, but at the gross densities shown in the County Land Use map in order to limit the traffic impact to Fontaine Ave. from this development. The non-residential uses should be very limited in scale (neighborhood scale and orientation). #5 - "Additionallnfill Development possibilities at Fontaine Research Park with limited mixed uses (service & retail, not residential)"-- The research park is a very good location (close to downtown, UVa., hospital, Bypass) to continue providing this type of land use. It is currently limited to 535,000 sq ft. total on site. The site is currently built out. A rezoning request is under review that would add an additional 30,000 square feet additional laboratory and research space. . Additional support commercial on-:~ite is important to serve the park and the immediate area. The primary concern with expansion will be the impact on the existing and proposed street system. Any expansion to the Park should be limited to that which can be sustained on this street system with planned improvements, and the timing of the expansion should be consistent with improvements to the road network and transportation system. 3 eoS 5) #6 - "Possibility of attached residential with mixed-use at Department of Forestry" -- This may be considered a viable optional use for this site at some point in the future. However, the Department of Forestry use is unlikely to change within the next 5-10 years. #7- "Single-family detached residential south of railroad tracks across from Granger property."-- This statement acknowledges the existing Redfields development. There are no recommendations for changes in this area proposed in the Study. #8 - Residential and mixed-use opportunities and 1-64 interchange" - This recommendation generally refers to the same area discussed in #3, above. Staff has no additional comments. Recommendation #9 - "Possible location of new County elementary school in this neighborhood center" - Staff believes this area does provide a reasonable option for a school location, but it should not be considered the only possible site in the area or the preferred site at this time. Infrastructure and Transit Possibilities #1 - "Add Fontaine/Sunset Connector Street and/or re-open Sunset Avenue Bridge" - This is a key recommendation of the Study. This road will provide a critical alternative link from the County's southern urban areas to the University and the City, relieving traffic impacts on Old Lynchburg, Jefferson Park Avenue (JPA), and Cherry Avenue. The Study establishes a preferred alignment, Alternate 4 (Refer to pages 16-24 for further information). The Fontaine-Sunset Connector Road is assumed to be a two- lane road (35 mph) in this study. #2 - "Extend Stadium Road from Fontaine Ave, connecting with...new Fontaine/Sunset Avenue" - Due,to the limited improvement planned for Fontaine Avenue (and limited capability to further widen), the Stadium Road extension will become an essential improvement to support future development in this area. Traffic modeling indicates that Fontaine Avenue already functions at Level of Service E and would function at a Level of Service of F under either current by-right development, current Comp Plan recommended densities, or Area B Study recommended densities. Stadium Road will be essential to distribute traffic to destinations in the area and to create a viable road network. #4 - "Add new connector road north of 1-64 between Fifth Street and Avon in conjunction with private sector development..." - This is the connector located on the Willoughby-Fifth site. This recommendation is already in the Land Use Plan. #5 - "Build the projected Southern Parkway (with revised location linked to Sunset Avenue Extended" -- The southern parkway is already identified on the Land Use Plan. The alternate location provides for a more neighborhood scale road network in the southern area. This alignment concept should be noted as a viable option for development. #6 - "Add new EastlWest connector south of 1-64 between Sunset Avenue and Old Lynchburg Road" - Staff believes this road would be very expensive to construct, is located on difficult terrain, and would be of limited utility, This road should not be included the Land Use Plan amendment. 4 Br..S' tiZ . . . Open Space, Historic Preservation, and Planning #1-7 - All of these recommendations are viable and most are already incorporated into the Land Use Plan to some extent (specifically, #'s 1, 2, 5, and 6 are shown as either open space or greenways in Land Use Plan). The Study also makes bicycle/ pedestrian facility and transit recommendations, which can be found on page 33 of the Study. Summary: As noted previously, staff worked closely with the Study consultant and PACC in the development of the Area B Study and supports most of the recommendations of the Study. Staff recommends moving forward with development of text and map amendments to incorporate the recommendations of the Southern Area B Study into the Comprehensive Plan. Granger Tract CPA Backaround: A Comprehensive Plan Amendment proposal has been submitted to County by the owner of the "Granger" tract to change the land use designation of this area from "Neighborhood Density Residential" (3-6 du/ac) to "Office Service" use. The applicant's proposal can be found in a separate booklet provided with this report. The 69.5 acre property is located south of the Norfolk Southern railroad track and is bounded by 1-64 to the west, Sunset Avenue to the South, and Stribling Avenue and Moore's Creek to the east. The property is located within the boundary of the Southern Urban Area B Study area. The County's Land Use Plan currently recommends this area for "Neighborhood Density Residential" (3-6 du/ac) use. The Southern Urban Area B Study recommends a combination of "Mixed-Use" and "High Density Residential" (16-24 du/ac) uses. The applicant's proposal follows many of the concepts outlined in the Area B Study (including provision of the Fontaine/Sunset Avenue connector road on site). However, the mix of uses proposed by the owner places more emphasis on office/employment uses (research, development, heaith care "employment generators") and less emphasis on residential uses than is found in the Area B Study recommendations. The applicant proposes the majority of the development on the site be for office type uses and some supporting commercial uses, with high density residential making up a much less significant proportion of the total development on the site. To date, there is no commitment to provide a minimum amount of residential use on-site. For traffic study purposes, a total of 540,000 square feet of office, 20,000 square feet of supporting commercial, and 440 units of residential are proposed. An illustrative plan for the site can be found on pages 7 of the applicant's booklet. Page 8 is a land use summary of the proposal. As noted earlier, the Southern Urban Area study does not provide a specific definition of the "Mixed-Use" designation shown on the Framework Plan, and does not provide any information on the specific elements of the mix for the area in question (the Granger property). The following comments from the Area B Study provide direction and guidance as to the expectations for this area: 5 ~b S c;j . "Several key elements are presented in the Area B Framework Plan that suggest compelling alternatives to by-right development under current zoning and the associated absence of coordinated transportation strategies. Alternatives to the status quo in the area introduce: -Compact mixed-use development that supports integrated strategies for bicycle, pedestrian, and transit approaches tied to land-use and open space strategies. This approach builds on the recent innovative planning work in the County, City, and University Master Plans. -Retail/commercial services to support residential development in and around the area, helping to reduce trip generation beyond the study area." . "Some of the possible approaches presented in this report include: A new neighborhood center on the Granger property, with small scale mixed- use, transit stops and connection to a new park and open space system of Moore's Creek and beyond," Discussion: Since the applicant's proposal is not entirely consistent with the mix of land uses identified in the Southern Area B study, Staff has evaluated the appropriateness of this land use change relative to the land use recommendation of Neighborhood Density residential currently in the Comprehensive Plan and the High Density Residential/Mixed- Use recommendation in the Area B Study. Staff comments are summarized below: PACC Input -- Staff has consulted with the PACC Technical Committee about this proposal on several occasions. One of the primary concerns of PACC representatives is ensuring that the traffic impacts of the proposal do not overload the existing and planned road system, particularly Fontaine Avenue, Sunset Avenue, Old Lynchburg Road and the proposed Fontaine-Sunset Connector Road, It was also important to PACC that mixed-use, support commercial service component be provided on-site, regardless of the predominate use. The commercial service component was an important recommendation of the Area B Study and was intended to provide supporting commercial services to a densely developed residential area currently lacking those services. Concern was also expressed regarding the character and visibility of the development on the site, as well as potential water quality impacts to Moore's Creek. All of these concerns were important to the site regardless of whether the primary use was residential or commercial. To date, PACC has not indicated a strong preference for one use over another, provided the above-noted concerns were addressed. Inventory of Officellndustrial Land in Land Use Plan - Countywide, there appears to be adequate area designated to support employment-based office/industrial land uses in the County. However, there is concern with the consistent erosion of this land area and the "exclusiveness" of several sites currently developed for office/industrial use. Industrial Service and Office Service land designated in the Land Use Plan is located primarily in the Route 29 North area, specifically in Hollymead (North Fork Research Park), Piney Mountain, and in Pantops (Peter Jefferson Place). 6 p6S lilf . There are very limited industrial-office service designated lands remaining in the southern Urban Areas. Most areas designated in the Land Use Plan for Neighborhoods 4 and 5 area developed. The Willoughby-Fifth Street property was converted to Community Service use in the Land Use Plan several years ago, and only a limited area of that site (7.8 acres) is proposed for basic employment-type use. The only other office- industrial undeveloped land use areas available in Neighborhoods 4, 5 and 6 are small sites along Avon Street near the City Yard and Snow's Garden Center and the UVAF Fontaine Research Park. The Fontaine Research Park is approaching build-out and potential expansion on the site is identified in the Area B Study. Need for Residential Land Use - Abundant land remains available for residential use in Neighborhoods 4 and 5. Significant high-density residential developments have been approved and developed in the immediate vicinity of the Granger tract along Sunset Avenue and Old Lynchburg Road (Eagles Landing, Jefferson Ridge, Sterling University Place, and Sherwood Manor). Staff opinion is that sufficient areas exist within Neighborhoods 4 and 5 to provide higher density residential development. High-density residential land use is not critical to this site. . Traffic Impacts of the Proposal - One of the key issues for PACC and staff in considering the Granger CPA is its traffic impact on the road network compared to the traffic impacts from the Area B Study land use assumptions and recommendations. The applicant has subsequently completed a traffic analysis, which compared the traffic impact of the two land use proposals for the Granger site (the Area B Study mixed use- residential proposal and the Granger CPA's mixed use-office/employment proposal). City, County, and VDOT staffs have reviewed the study. Staff also had the Renaissance Group, the lead consultant for the Area B Study, evaluate the applicant's study against the Area B Study traffic forecast information. The most significant findings are: · The Granger CPA (mixed use office/employment concept) generates between 3,800 and 5,300 additional daily trips more than the Area B Study recommended Mixed Use, High Density Residential concept, possibly exceeding the capacity of the proposed Fontaine-Sunset Connector and definitely exceeding the capacity of Fontaine Avenue. It should be noted that the traffic generation assumptions used for the Granger property in the Southern Urban Area B Study appear to be lower than would typically be expected for a combination of "Mixed-Use" and "High Density Residential" (16-24 du/ac) uses. The Area B analysis considered a gross development of 10-12 units per acre as opposed to the 16-24 proposed in the land use description. Therefore the modeling done for the Area B study may have under estimated the traffic generated from this site. . · Fontaine Avenue/JPA will be subject to significant traffic increases over the 20 year planning period regardless of the ultimate land use proposed on the Granger property. The Granger CPA mixed use-office/employment proposal, depending on the density of development, creates the most significant impact on Fontaine Avenue. However, an analysis of by-right development in the Area B Study Area indicates that Fontaine will function at LOS E. When the current Comprehensive Plan (CHART) land and proposed Area B land use recommendations are modeled, both scenarios result in LOS F. 7 {3;65 'i~ . The Fontaine-Sunset connector road is an important future road needed to address City and County traffic issues. The applicant for the Granger CPA is willing to build portions of the road. Further modifications to the scale and mix of activities proposed on-site could further mitigate the traffic impacts of the proposal on the area road network, The traffic analysis assumed 520,000 sq. ft. of office, 20,000 sq. ft. of support commercial, and 440 dwellings. Consistency of Request to Area B Recommendations - The applicant's proposal follows some of the concepts outlined in the Area B Study (including provision of the Sunset Avenue/Fontaine Avenue connector road onsite and some mix of uses on the site). However, the mix of uses proposed by the owner places more emphasis on office/employment uses (research, development, health care "employment generators") and less emphasis on residential uses than is found in the Area B Study recommendations. The applicant proposes the majority of the development to be office type uses and some supporting commercial uses, with high density residential making up a much less significant proportion of the total development/site. . Staff opinion is that the mixed use components of the Area B Study recommendations are critical to this area to provide necessary convenience services not now available and to provide these services within a walkable/bikeable distance of a large population concentration, potentially reducing traffic generation. . The proposed Sunset Avenue-Fontaine Avenue connector is being accommodated on-site. The concept as shown generally provides an alignment oriented towards the eastern side of the Fontaine Research Park. Provision of the road will be an expectation for any rezoning request in this portion of the study area, . The provision of pedestrian, bike facilities, and transit service and/or transit ready site design will be an expectation of any development in this area. The applicant has recognized the need for the proposal to incorporate these facilities. . Open space, greenway and park area recommended in the Comprehensive Plan and the Area B Study will need to be provided. The concept Plan provided with the CPA generally recognizes these areas. Site Development Issues - Other concerns that have been expressed include the visual character of the proposed development (its visibility from the 1-64 Entrance Corridor) and the environmental impacts of the proposal, particularly to the adjacent Moore's Creek and tributaries. . The site has difficult terrain, with rolling hills and valleys. Two stream valleys with floodplain traverse the site. Any intensive development of the site, whether residential or non-residential, will require significant grading. Construction of the connector road through this area will create similar impacts. . 1-64 is an Entrance Corridor and the site will be subject to design review. Again, significant clearing and grading of the site would be expected, given the recommended density of development, regardless of primary land use. Building 8 eD5 ~~, . heights, massing, and clustering on site will be important considerations in mitigating the visual impacts to the Entrance Corridor. . Water quality impacts will be an important consideration for any future development. Measures should be put in place to not only minimize stream impacts, but also to help improve the current condition of Moore's Creek. Summary: Staff opinion is that either an Office Service/Mixed-Use land use designation or High Density Residential/Mixed-Use land use designation is an appropriate designation for the Granger property. Staff believes that the Office Service/Mixed-Use designation provides a better balance of land uses in the southern Development Areas, which are currently lacking developable areas for new office/industrial development. The critical issues for future reviews of any development on this site will be density, scale and form of development. The level of development permitted on-site will need to be limited to that which can be accommodated on the planned road network, and timed with the development of the planned improvements to the road network. Intensity of development on-site (massing, scale, form, orientation, and green design) will be important to address neighborhood model design, environmental, and Entrance Corridor issues. . NEXT STEPS: SOUTHERN URBAN AREA B AND GRANGER CPA REVIEWS Staff recommends the following: · Based on the input from the Commission, staff will develop text and map amendments to incorporate the recommendations of the Southern Area B Study into the Comprehensive Plan, including language addressing the land use recommendations for the Granger property. Staff recommends language be drafted recommending an Office Service/Mixed-use land use designation for the Granger property, with additional language reflecting expectations for future development of the site. A first draft of several of the text amendments have been provided (Attachment 5) so the Commission can see the form these text amendments might take. · Schedule a follow-up work session to review amendment language and map amendments (and any additional information requested by the Commission) and invite the City Planning Commission to this work session to receive input from the City. . ATTACHMENTS 1 - Granger Property Location Map [not included-see applicant's proposal document] 2 - Area B Study, Built Environment [not included-see p. 8 of Southern Area B Study document] 3 - Area B Study, City/County Comprehensive Plan Map [not included, see p, 10 of Area B Study document] 4 - Area B Study, Framework Plan 5 - Draft Text Amendment to Land Use Plan [not included] 9 VD S 51 10 IJoS r;2 r J r .. "(\( . \ i '. . J. .. ':') \ . , \ ~ '.r" f ./~ l 1:....-\ t.... . ~ ~ ~... r\~-.....I'~ ~. , l l '" ~- 'j ': 'j"- ~! .....'...'iP i , ' i.' 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". \, ',..." \ i.\ \ \ \ \ \ \.'\ '; i '. \ ',' .\. / " '- , :: , c ctj CL ~ I..- o S (1) E ctj '- LL lC) I "'"- en ~ 'fa E .$ <( .. ;-. .. .. ~ 'lID' lilD" .. 1E.f' ... - - - - - _. - - ..- Albemarle County Planning Commission November 28,2006 The Albemarle County Planning Commission held a meeting and a public hearing on Tuesday, November 28, 2006, at 6:00 p.m., at the County Office Building, Second Floor, Auditorium, Second Floor, 401 Mcintire Road, Charlottesville, Virginia. Members attending were Eric Strucko, Jon Cannon, Duane Zobrist, Pete Craddock, Marcia Joseph, Chairman and Bill Edgerton. Absent was Calvin Morris, Vice-Chairman. Julia Monteith, Senior Land Use Planner for the University of Virginia, representative for David J. Neuman, FAIA, Architect for University of Virginia was present. Other officials present were Wayne Cilimberg, Planning Director; David Benish, Chief of Planning; Bill Fritz, Chief of Current Development; Scott Clark, Senior Planner; Rebecca Ragsdale, Senior Planner; David E. Pennock, Principal Planner and Greg Kamptner, Deputy County Attorney. Call to Order and Establish Quorum: Ms. Joseph called the regular meeting to order at 6:03 p.m. and established a quorum. Work Session: CPA 2005-05 Southern Area Band Granaer Property (David Benish) CPA 2005-05 Southern Area B Study - Review amendment to the Comprehensive Plan to include the recommendations of the Planning and Coordination Council's (PACC) Southern Urban Area B Study. Granaer Property - Proposal to amend the Comprehensive Plan's Land Use designation from Neighborhood Density Residential (3-6 dwellings per acre) to Office Service use for a 69.5 acre property located south of the Norfolk Southern railroad track and is bounded by 1-64 to the west, Sunset Avenue to the South, and Stribling Avenue and Moore's Creek to the east. The property is located within the boundary of the Southern Urban Area B Study area. In summary, the Planning Commission held a work session on two proposed comprehensive plan amendments that staff has been working on. One is staff initiated, which is the process of adopting the recommendations of the Southern Urban Area B Study, a Planning and Coordination Council's (PACC) study into the County's Comprehensive Plan. The second is an applicant request for an amendment to the Comprehensive Plan to change the land use designation, which is referred to as the Granger property. That tract of land is approximately 69 acres of land, which is located off of Stribling Avenue. It is designated for Neighborhood Density Residential in the current County Comprehensive Plan. In the proposed PACC Area B Study is recommended for high density residential and mixed use development. The applicant is proposing an office/service designation in order to allow for a mixed use development ALBEMARLE COUNTY PLANNING COMMISSION - NOVEMBER 28, 2006 PARTIAL MINUTES FOR SOUTHER URBAN AREA B AND GRANGER PROPERTY consisting of primarily basic employment related office development with mixed commercial and possibly residential development. Because the Granger property lies in the PACC Study, staff has been working on these two projects together and really has taken the approach as you look at the amendments to include the Southern Urban Area B Study take into consideration the request the applicant has made to modify the land use designation on that Granger tract so that really they could think of this as one comprehensive plan amendment. But, there is a private request, which is a unique request that is part of it. Staff reviewed the recommendations of the study in the staff report and answered the Commission questions. Frank Cox, applicant, made a power point presentation and explained the Granger request. The Commission took public comment. The Commission provided comments and changes reflecting an office mixed use land use on the Granger site and the changes identified in the staff report. Staff will bring back revised language and maps to incorporate in to the Comprehensive Plan to the Commission for future work sessions. Staff will also work on having a dialogue with Jim Tolbert on how to get City comment. Adjournment: With no further items, the meeting adjourned at 10:11 p.m. to the Tuesday, December 5, 2006 meeting at 6:00 p.m. in the auditorium at 401 Mcintire Road, County Office Building. V. Wayne Cilimberg, Secretary (Recorded and transcribed by Sharon Claytor Taylor, Recording Secretary.) ALBEMARLE COUNTY PLANNING COMMISSION - NOVEMBER 28, 2006 PARTIAL MINUTES FOR SOUTHER URBAN AREA B AND GRANGER PROPERTY 2 Albemarle County Planning Commission January 9, 2007 The Albemarle County Planning Commission held a meeting and a public hearing on Tuesday, January 9, 2007, at 6:00 p.m., at the County Office Building, Room 241, Second Floor, 401 Mcintire Road, Charlottesville. Virginia. Members attending were Bill Edgerton, Eric Strucko, Jon Cannon, Calvin Morris, Duane Zobrist, Pete Craddock and Marcia Joseph. Julia Monteith, Senior Land Use Planner for the University of Virginia, representative for David J. Neuman, FAIA, Architect for University of Virginia was absent. Other officials present were Wayne Cilimberg, Planning Director; Tamara Ambler, Natural Resources Manager; David Benish, Chief of Planning; Lori Allshouse, Strategic Planning Manager and Greg Kamptner, Deputy County Attorney. Call to Order and Establish Quorum: Mr. Cilimberg called the regular meeting to order at 6:05 p.m. and established a quorum. Work Session: Southern Urban Area B Study CPA and Granaer ProDertv CPA - Work session to review proposed text amendments to the Comprehensive Plan incorporating the recommendations of the PACC Southern Urban Area B. (David Benish) David Benish gave an overview and a power point presentation on the Southern Urban Area B Study CPA and Granger Property CPA. · Staff added to the previous reports based on their discussion of both the Southern Urban Area B Study and the Granger CPA proposal. Staff had received direction on November 28, 2006 on the various recommendations of the study and the Granger site. Staff has now begun to draft some language that would be text amendments to the Comprehensive Plan that would try to reflect those comments and recommendations of the Area B Study. This is the first step for the Planning. · The Area B Study is a study that is conducted by the Planning Coordination Council, which consists of City, County and University representatives. They drafted a plan for the study area, the Fontaine Avenue/ Sunset Avenue area, which was depicted in the map. Within the center of that area is the property known as the Granger tract, which is an approximately 70 acre piece of land that in our current Comp Plan recommended for Neighborhood Density Development. The Area B Study had identified a Mixed Use/Residential High Density Residential Land Use for that area. The applicant is proposing an Office/Service oriented mixed use development on that site. They are actually looking at two CPA's at one time, amending the PACC recommendations and considering the Granger Proposal at the same time. · The recommendations of the Area B Study, which begins on page 2, were reviewed. As background, primarily the Area B Study focused in on transportation improvements to support the development of this area in both the City and County. It did make some land use recommendations fairly general and broad Comp Plan level type of recommendations. Those were found in Section 3 of the report, which was summarized on pages 13 and 14. Staff went through the specific statements or recommendations that are relevant to the County's portion of the study area and have added to the report in blue print the first attempt at Comprehensive Plan language to address those Area B recommendations. · The first recommendation deals with the Granger Property, which is a new neighborhood. The Area B Study had called for it to be primarily high density residential mixed use ALBEMARLE COUNTY PLANNING COMMISSION - JANUARY 9, 2007 1 DRAFT PARTIAL MINUTES - Southern Urban Area B Study CPA and Granger Property CPA development with a center. The center was an important small scale neighborhood center, which was an important component of the Area B Study recommendation to provide for essential services that were lacking in that portion of the County. · What staff has identified is that the primary concern with both the Area B Study recommendation and the Granger Proposal was the impact of traffic of any development at this site. The language proposed is based on the discussion last time with the Planning Commission. Staff felt that it was the general consensus that a non-residential mixed use development may be appropriate, but it had to be focused in a size and development intensity and form that could be sustained both by the land and primarily the transportation system that is being proposed. The language proposed recognized that an Office Service-Mixed Land Use is recommended for the Granger Tract. It did identify that a Mixed Use Center needs to be provided as part of that. Staff tried to set some staging within the language that said that the size of development had to match the planned transportation network for the area and that the timing for development had to be consistent with the actual development and improvements of that transportation system. There was some discussion about the general principle of trying to encourage green development within major development proposals. Staff added a simple sentence that made that reference. Ms. Joseph questioned if they should work with the applicant to see if there is some sort of percentage of mixed use. She did not want to put them in a box in requiring X amount of square feet. But, it was important to try to identify a certain percentage range so they don't get some little commercial thing out there when they were anticipating something more than that. Last time the Commission discussed this they said that it was okay to have office use, but that it does not have to be residential. She questioned if they want a mixed use or does it matter. Mr. Edgerton recalled that the Commission's conversation on the 28th was very clear that it did matter and they wanted mixed use. Ms. Joseph asked if they should give some guidance as far as that is concerned. As a reaction to something that happened in the City where the applicant came in with such a small percentage of the use, the Commission members were very concerned about it and denied the request as a result of that. Mr. Edgerton worried about in the abstract trying to come up with a percentage that is appropriate without actually seeing a project. There was a lot of discussion about the need for additional mixed use in the community and they would be supportive of some of the other properties in the area. Mr. Cannon asked if there was a way to flag the concern without coming up with quantitative ranges, such as mixed use and appropriate balance to give some room for judgment by a future Commission to respond to the merits of a particular proposal. Mr. Benish said that there isn't an amount. There is a lack of specific direction in this statement. In the second bullet, a new center is anticipated as a component of mixed use, which is small scale. That was one of the governing qualitative statements with transit stops and connections in the centers. That is actually a quote out of the plan itself. But, being small scale was some indication that it was something less than a community center. The first hyphen down below the bullet was supporting commercial service of a neighborhood scale. Neighborhood scale actually refers to our Neighborhood Service Designation in the Comp Plan. He was trying to tie it back to that designation. It is intended to be somewhat similar to what is seen in supporting commercial uses and non-residential development. By zoning that is about 10 percent of the Planned Development, as an example. He believed it is 20,000 to 50,000 square feet in Neighborhood Center with no use exceeding 10,000 square feet. He was hoping that language would refer them back to that section of the plan. It went on to say to provide the necessary convenient services because staff does not see the center as necessarily being oriented to providing a major grocery store/shopping center. This is more service oriented. Perhaps a stronger reference to that Neighborhood Service Designation will take them to a chart that has some ranges in it. That might help. ALBEMARLE COUNTY PLANNING COMMISSION - JANUARY 9, 2007 2 DRAFT PARTIAL MINUTES - Southern Urban Area B Study CPA and Granger Property CPA Mr. Morris noted that he liked the emphasis that any rezoning is going to be tied to the actual improvements of the road and infrastructure. Mr. Benish noted that one of the main points of the Area B Study is that there was a particular location for that road that was agreed to. That is why the second hyphen specifically references that Alternative IV. Staff has not drafted an actually land use map, but he pointed out the digitized maps of the area. Staff would hope to have a schematic line that would show that location. The idea is that they look at the master plan and look at that alignment that shows enough detail to know where the major points are. Ms. Monteith said that staff talks about an Office Service Mixed Use land use and then talks about a new Neighborhood Center. But, it seems a little funny that staff speaks of office and then says mixed use, but never suggests anything about residential. In other words, she could imagine generically saying mixed use and not including the term office, or if they are going to use the term office to also include some wording regarding residential. The way it reads, it is not clear that there would be residential. Maybe it is intentional on his part other than the fact that he says total square footage and number of units of development. One could imply that units of development mean that it would be residential. She felt that it was a little confusing to use the term office and not to include residential. Mr. Benish suggested that it should be a little clearer. The consensus that came out of the November 28 meeting was that residential would not be necessary as part of the mix, but that it would be allowed. The only reference made to residential is in that first hyphen in the last sentence. Residential use may be a component of the mix. He agreed that it was not clear whether residential was necessarily not expected. Mr. Zobrist recalled that there were 3 or 4 alternatives that they discussed last time. He did not remember this one being any of them. He asked if the long red line was where staff expected the access to go. Mr. Benish said that this was just a schematic to show how they would draw the plan. Mr. Zobrist recalled that there were 3 or 4 alternative accesses or egresses out of the site. He felt that everyone was in favor of two of the alternatives, but not the one drawn on the plan. He pointed out that Mr. Strucko might be more familiar with the access because he works in Fontaine. Mr. Benish pointed out that staff took those comments. This alignment shown is Alternative IV, which PACA agreed was the preferred alignment. What staff thought that they were hearing in terms of the other alignments was really an issue about the lack of access into this site. This is the preferred alternative, which is near Stribling. Mr. Strucko said that road is not part of the Fontaine Research Park currently. He asked if that was correct. It is immediately adjacent to the parking lot. Mr. Benish said that the way it was shown in the Area B Study is that it was the road on the outside of the buildings. Mr. Strucko asked if it was between the parking lot and the building. Mr. Benish replied that is correct the way that he understands it. The important component of this alignment is that intersection/railroad crossing and the fact that it connects to Sunset Avenue. Whether that line suddenly moves differently relatively speaking in the Comp Plan to accommodate that is something that they would look at in a rezoning. Mr. Cilimberg pointed out that Mr. Strucko mentioned this in particular that for the road that goes through that the Commission wanted to make sure that there were internal connections for the park existing as well as any future park development to that road going through. Mr. Strucko agreed. If the use of the Granger property is going to be an office park of this magnitude and this intensity as Fontaine Research Park currently is his antidotal experience is that they are going to need to create multiple accesses in and out of Fontaine. Currently there is only one access point, which ALBEMARLE COUNTY PLANNING COMMISSION - JANUARY 9,2007 3 DRAFT PARTIAL MINUTES - Southern Urban Area B Study CPA and Granger Property CPA dumps onto Fontaine Avenue. However, if they can access Fontaine Research Park with the railroad crossing road and create two access points, it has the potential to alleviate what could become quite a traffic congested area on Fontaine Avenue with two research parks dumping onto that road. That line as shown was cutting through a parking lot right now. That is a parking lot road. However, along the stream is an existing gravel road that he thought potentially would be the access from Granger to Fontaine. Then Fontaine could connect to that road through this dotted line and there would be a single railroad crossing. He remembered discussing the cost effectiveness of the single railroad crossing versus multiple. That was probably the two options that they talked about. Mr. Benish said that the consultant in their study identified an alignment that kind of skirts it. They provided the information on a Comprehensive Plan type of scale, although they have been looking at it and engineering it recognizing the next hopeful step of the process. They have actually shown something different. Staff wanted to reflect what PACC has agreed to as what is in that document as the recommended Alternative IV. This is the reason that they wanted them to refer to the document and this specific aerial information, which he did not have in his presentation. But, it does articulate what the expectations are for that Alternative IV. When staff gets to the recommendations for the Fontaine Research Park, they made a specific statement that said that additional access points should be provided to the Fontaine Research Park. The status of Stribling is something that they are going to have to look at with the City as the plan for this roadway emerges and how it interconnects. This Area B Study is not clear on what that ultimate status is going to be. He asked for other comments. Mr. Edgerton agreed with Mr. Morris in how staff worked into each of these comments the needed linkage between the ability of the transportation system to be able to support whatever rezonings came in. He questioned what effect this would have on rezonings if this strong language is in the Comp Plan ultimately. Mr. Benish noted that he still has to vet this language with Mr. Kamptner. It is somewhat consistent with some very old recommendations from years ago that they used for the Comp Plan. He wanted to make sure that he was on the right track, but noted that the County Attorney's Office still needs to review the language. Mr. Edgerton noted that there was a lot of discussion about the topographic restrictions in that area for putting in the roads. Ms. Joseph asked if the applicant wanted to speak on the Granger property at this time. Frank Cox, representative for New Era Properties, pointed out that he was generally in disagreement with just about everything. Regarding the transportation issue, there seems to be a little bit of confusion relative to what they tried to communicate on the road planning. The point of departure for the work that his firm has been doing for the Granger interests has been very loosely coordinated with the Real Estate Foundation. He believes that the Foundation, though he is not speaking for them, has weighed in on the concern for any road running smack dab through their property, whether it is option 1, 2, 3 or 4. In option 4, as shown on the Area B Plan, it does run along the parking lot access road. They have studied that alignment. That alignment will not work for an interconnection road. There are too many problems of many different natures. They have presented an alignment in a preliminary design that they have actually tested and done a cost estimate in the little booklet presented with their CPA application. Their alignment basically went along the existing Stribling Extended or the gravel road. To the extent that they believe that is feasible they believe they can achieve coordinated tie-ins to the Foundation property as Mr. Strucko has suggested. He felt that was possible. He thought that one thing that might be helpful just speaking globally on the whole Area B Study is to challenge those particular applicants, the Foundation and Granger, to do sufficient coordination to achieve an alignment that is to their mutual satisfaction. That will take a lot of work and will take a lot more engineering to be done before either Granger or the Foundation can reach that conclusion. But, he certainly thinks it would be an appropriate challenge by the Commission to include in a CPA, given the fact that if any additional development is to proceed on the Foundation property as he understands from staff, it will require a rezoning. Certainly there is no way that they can get across the railroad tracks unless they undertake a major transportation improvement from Fontaine to the Granger property. To the point of the mixed use question, their CPA application did not ALBEMARLE COUNTY PLANNING COMMISSION - JANUARY 9,2007 4 DRAFT PARTIAL MINUTES - Southern Urban Area B Study CPA and Granger Property CPA mix residential. It was fairly clear in the range of potential densities that could be achieved for residential and for non-residential development. They have no problems with the Commission setting a general guideline, if they feel that is appropriate. There is nothing in the CPA application that they have independently filed that indicated that they don't want to do residential. What they would like to have is the option as they move forward with the zoning to test the market further given that significant transportation improvements are going to need to be made. Also, given the fact that there is very limited development area on the property, it is going to have to be a tall project rather than a spread out project. So whether the buildings are being used for retail, office or commercial it will have a similar look. They have tried to represent what that look will be in the illustrative plan that was included in the CPA. Ms. Joseph invited public comments on the Granger Property. Jean Chase, resident of Old Lynchburg Road, said that the Granger property development will impact her residential street and neighborhood of Fry's Spring. She asked that before there are any changes given in the rezoning or zoning of the Granger property to please include plans for the connector plans designed to relieve the already intense traffic that comes from the County development south of Azalea Park. The plans of the road needs to adequately funded and built before the new developments at Granger are built. They need to be willing to work with the neighborhoods. They have lived in this area for over 30 years. They would like to have the quality of life that they have adopted in this area to be sustained, and ask the Commission to take that into consideration when casting their vote. On behalf of the Fry Springs Neighborhood Association, of which she is also Secretary, she thanked the Commission for their time and sensitivity in these areas of voting. Also, a letter has been submitted on behalf of Andrea Wieder who could not attend the meeting. (The letter is as follows.) "Jan. 9, 2007 To: Albemarle County Planning Commission From: Andrea K. Wieder Re: Granger Property development re-zoning request and the Southern Urban Area B Study My name is Andrea K. Wieder. I live at 2331 Highland Avenue in the city of Charlottesville. My neighborhood of Fry's Spring is close by the University of Virginia, and right on the border of Albemarle County. Development of the Granger property and Biscuit Run will have a huge impact for us. Tonight's Albemarle County planning commission meeting will, as part of a work session, discuss the Granger property application for re-zoning and the Southern Urban Area B Study. The Biscuit Run development is on the agenda tonight for the City of Charlottesville planning commission. Representatives from the Fry's Spring Neighborhood Association are attending both these meetings since both of these developments are right in our back yard. Our voices will be heard. I am sure that you know that Old Lynchburg Road is already overwhelmed with traffic, with vehicles regularly exceeding the posted 25 mph limit. Morning and evening rush hour traffic on Jefferson Park Avenue is intense and gets more fierce every day. You know this because members of the Fry's Spring Community have regularly attended meetings and spoken up, written letters, and sent em ail along to commission members, both in the city and in the county. We request that any changes to the zoning of the Granger Property include plans for connector roads designed to relieve the already intense traffic that comes from county roads to city streets. And that the plans for roads be adequately funded and built before the new developments at Granger are built. The city of Charlottesville is a small southern city of neighborhoods and streets and trees and bikes and shops. And schools and businesses and people living lives of peace. We believe that progress and preservation can work side by side. We expect the Albemarle planning commissioners to help make that happen. Thanks for your consideration in this matter. A copy of these remarks will be left with the clerk for inclusion in the public record of this meeting." There being no further public comment, Ms. Joseph asked if there was any further discussion. ALBEMARLE COUNTY PLANNING COMMISSION - JANUARY 9, 2007 5 DRAFT PARTIAL MINUTES - Southern Urban Area B Study CPA and Granger Property CPA Mr. Edgerton asked that they address Ms. Monteith's point that Mr. Cox referenced that his CPA application did not exclude residential. He felt that the language is confusing in what is being proposed by staff. He remembered some conversation that there is no shortage of residential in the area. Therefore, there is no a perceived need for it. But, at the same time it may be appropriate to have a component of residential in the project. Mr. Benish noted that in the first bullet he would introduce the whole notion and say that there may be some residential. Mr. Edgerton noted that mixed use includes a lot of things, which residential is one of those. If they say mixed use and then start listing things and don't list residential, then the question is if they are sending the signal that they don't want it. He felt that they need to be careful about the language. Mr. Benish said that the first priority would be for it to be non-residential, mixed use. That residential mixed use would also be appropriate, but was not necessary on this site. That was his understanding of what the direction was. They need to make that clear in the first bullet. This is intended to at least be a non-residential mixed use and that residential could be included. In Fontaine Research Park staff notes that residential is not expected on that site. There being no further questions on the Granger proposal, he moved on to the Old Lynchburg/Fifth Street Neighborhood Center. · That is the area near the bull's eye where the County Office Building South is located, Staff feels that the current Comp Plan already shows Office Service/Neighborhood Service, high density and Community Service designations in there. The Neighborhood Model direction would lead towards encouraging mixed use developments. Staff felt that at this time there was not a need to make a specific statement regarding mixed use in that area. Also, that might be something that is better addressed when they begin master planning for Neighborhood IV and V, but recognize that it probably will be a year and a half away. This area is technically outside of the Area B Study Area, That was staff's conclusion on that one. There being no comments, he moved on to the next item. · Next is the Trinity Presbyterian Church Neighborhood Center, which is at the end of Fontaine Avenue. It is another area that was shown for a Neighborhood Center use. Our Comp Plan currently shows that area currently as a Neighborhood Service Designation/Neighborhood Density Residential and then Office Services where the Forestry Department is located. When the consultant modeled this area it basically modeled it assuming the same type of build out that would be seen under the current Comp Plan Designation of Neighborhood Density and Neighborhood Service. Staff's recommendation was to make a reference since those uses were across the streets from one another that those uses could be kind of put together and a Mixed Use Development could be created, but the gross development coming from that would not be any different than what could be generated out of our current Comp Plan. Therefore, staff did not recommend a change in the Land Use Map and the gross densities, but just to identify that is an area where there could be a Neighborhood Center. · Infill development on Fontaine Research Park is the other major development in an area currently in the Comp Plan shown for Office Service Use. The Study recommended infill and expansion within this area. Staff does believe that this is a good location to continue that level and scale of development. However, the same issues and concerns with the extent of that expansion and infill were relative in being able to be served by the existing and proposed transportation system. The bullets are in much the same form as used for the Granger Proposal. Staffs in the third hyphen down said provide additional access points to the Research Park to Sunset Avenue Connector Road and Fontaine Avenue. · There is a possible attached residential mixed use at the Forestry Department. Although that might be viable in the future, staff does not feel that is a use that is going to happen within the next 5 to 10 years. Staff did not think there was a need to make that reference. ALBEMARLE COUNTY PLANNING COMMISSION - JANUARY 9, 2007 6 DRAFT PARTIAL MINUTES - Southern Urban Area B Study CPA and Granger Property CPA · Single family detached residential south of the railroad tracks and across from the Granger property. Redfields development was referenced incorrectly. The Area B Study was actually referencing the Knob Hill development. Staff does not feel any amendment is necessary there. It is already shown as Neighborhood Density Residential. · Residential and mixed use opportunities at 1-64 interchange. Again, that is a reference back to pretty much the same area shown as Community Service, Office Service and Urban Density Residential. That is Neighborhood Service use there. Staff does not feel that there is a need to amend that. That will best be considered during the master plan review for Neighborhood IV and V. · The possible location for a new school in this area was identified. At the November meeting staff had indicated that this might be an okay site for a school. Again, that is something that would be better addressed when they look at the Neighborhood IV and V master plan. Staff proposes to have a general reference to the Area B Study for its information and consideration of the information and recommendations contained with it. By that reference if they were to be doing a school locator analysis it would be a reference document where they would look at various possible recommendations. Staff feels that is sufficient. It is a study that staff can look to for additional information and ideas. But, no reference to the schools is necessary in the Comp Plan. · Infrastructure - Staff would add a specific reference to construct the Sunset/Fontaine Connector Road. They believe that the other references on those sites where the road is located tie it to the timing of development with a development proposal. So a simple reference to the road construction is all that is needed. There is a reference to the upgrade to Sunset Avenue that would be necessary all the way to Fifth Street. That is already identified in the Comp Plan by a map. · Staff will go back and make sure that the intent of the road is in the Comp Plan verbiage. Mr. Cilimberg noted that Alternative IV is as Mr. Benish explained a dotted line on a small scale map. The reality is what Mr. Cox was referring to that ultimately when dealing with a development of Fontaine and Granger that is when you really have to decide exactly where the road can best go to meet the intent. That is where Mr. Benish was suggesting some possible added language that would talk about intent. Ms. Monteith noted it shows the connection points that were discussed. There are certain key connection points that they want to achieve. Mr. Edgerton said that so much of the dotted lines and the vagueness in the maps in the Comp Plan has come back to haunt the Commission. When actual proposals come in it is hard for the Commission to interpret what those lines mean. If the lines happen to go across a piece of property that they are considering for a rezoning all of a sudden those lines take on a life of their own whether dotted or not. Mr. Cilimberg said that what has ended up happening more recently is that they have been in the position of having to interpret where those locations are as development proposals have come in. In the absence of actual location studies that is where they are left. He felt that they could take the example of Crozet where Eastern Avenue might be, which they ultimately had determined was not directly on one property that was subject to rezoning, but was literally on the edge of that property. The project ultimately got through. On the western side of Crozet they had a Western Avenue that was not exactly where the plan called for it, but it met the intent of providing Western Avenue in Old Trail. Mr. Edgerton noted that in that case fortunately it was controlled by one developer, which is such a rare occasion. Mr. Benish noted that PACC was very adamant about where certain points were, which was what staff would emphasize. It is fairly precise as to where the entrance needs to be, which is east of the existing Fontaine Park. There needs to be a railroad overpass, which the physical features are going to predicate ALBEMARLE COUNTY PLANNING COMMISSION - JANUARY 9, 2007 7 DRAFT PARTIAL MINUTES - Southern Urban Area B Study CPA and Granger Property CPA where that is going to be. It needs to intersect with Sunset. Those are the key points. There is a level of flexibility about how that can be accommodated. Mr. Cilimberg said that one of the things that came up during the Area B Study and probably will not become something they can get their arms around was that those parking lots were redevelopment areas for Fontaine. Until they see the plan for Fontaine for its expansion they can only go by intent now. So they should not think of a road passing through a parking lot as necessarily being what is there now. It may be a very different scenario under redevelopment. That is why it is important to express the intent of what they want to accomplish. The rezoning is where it becomes reality. The idea of connections needed on Fontaine is the critical pieces. Ms. Monteith noted that Mr. Benish already noted that the general discussion was to align more closely with Stribling and to go around rather than to go through. Mr. Benish said that the next road recommendation was to extend Stadium Road from Fontaine Avenue and connecting with the new Fontaine/Sunset Avenue. From the City and County staff's perspective, it was seen as a road that needs to be considered as a piece for solving the potential road network transportation issues out there. Staff believes they need to make that recommendation and identify that as a possible connection. It's particularly line location is less important than its intersection point, particularly at Fontaine Avenue to create an intersection with the Fontaine/Sunset Connector. Mr. Strucko pointed out that it was a walking path now. Mr. Benish said that there was also a recommendation put back to the Study Area for a connector road between Fifth Street and Avon Street. One day it may have some potential depending on what might happen in the long term. It might be of some value to that. Staff did not feel that right now that road has a great benefit. It is a costly road to build. There is not much development opportunity to incorporate that. Most of that area has been developed. Staff is not recommending that to be included in the plan. It will obviously be in the Study Area so it will be an idea that has been articulated. But, staff is not recommending it as a road that needs to be constructed. The last major road item is the recommendation regarding the Southern Parkway. It is outside the Study Area, but the consultant did provide recommendations for a possible alignment for the Southern Parkway. The Comp Plan shows the road running up between two subdivision streets down the stream and intersecting generally in there. The consultants considered an alignment that would tie in with the roadway for Oak Hill and the road that serves Covenant School. Staff believes that is a neighborhood roadway network that is worth considering as the Southern Parkway is considered for construction. This would be an alternative alignment that would tie into some existing and potentially future road systems and intersect with Sunset Avenue at Fifth Street. There are some opportunities to create some of these linkages with the development of Southwood Mobile Home Park by Habitat of Humanity. The language says to consider this as a possible alignment and/or interconnection to the Southern Parkway. It could end up being something done as a next phase after Southern Parkway is built. Ms. Joseph noted that it looks impossible. There are a lot of houses in that area as well as a stream and topographic issues. Mr. Benish said that the alignment would pick up several existing roadways. There are some vacant lots in this area. When the consultant looked at it they acknowledged that those lots were vacant. But, ten to fifteen years from now they may not be. But, there are small corridors that they could get through to make this connection. There are subdivision streets there and not through streets. So it is a different character of road way. Mr. Cilimberg pointed out that whenever the Southern Parkway has been discussed the biggest challenge has been getting over Biscuit Run and then finding a way to make it to Fifth Street on the west side of Biscuit Run because of the existing lots. They face the same kind of challenge if they are coming up through the other areas. The Southern Parkway in general has that challenge. It has been on their plan for so many years. ALBEMARLE COUNTY PLANNING COMMISSION - JANUARY 9, 2007 8 DRAFT PARTIAL MINUTES - Southern Urban Area B Study CPA and Granger Property CPA Mr. Benish said that the consultant at the time was trying to split between the two neighborhoods. There are some pretty significant constraints with the original concept of getting that road in. It is something that someone is going to have to take a closer look at to see what the cost benefit is environmentally and to the neighborhood. It is going to be a very expensive crossing. The consultant wrapped the road around the critical slopes. Mr. Strucko said that staff's language is flexible enough to accommodate a variety of circumstances. The point staff is making is that it is in the best interest for a connection to occur. Mr. Benish agreed that the intent was to say that this makes some sense to consider. If the Southern Parkway ends up going through this area they might decide to do a neighborhood connection. But, all of these linkages have some sense to them whether it is the Meadow Creek Parkway or not. One of the times they should take a look at this is when they move forward with the Southern Parkway, which is a high priority roadway that the Board has established for construction. The City feels that it is a very important connection. Mr. Edgerton noted that there would be some very serious budget constraints dealing with the critical slopes. The Planning Commission was okay with leaving the language in. Mr. Benish noted that they had already covered #6. There are a number of good recommendations embedded in the Open Space and the Historic Preservation Plan Study. Most of them are already referenced in various documents that the County has already adopted. But, he thought that it would be useful to remind people to take a look at the Area B Study. Staff recommends considering the transit, bicycle and pedestrian recommendations. Staff has some direction on better articulating the intent on the Fontaine/Avon Street Connector and making sure that they are clear about the expectations for residential use on the Granger property. Those are the two major issues that need to be considered. Mr. Craddock commented on page 6 in #1. It is included in the whole document about adding the Fontaine/Sunset Connector Street. But, in a literal interpretation you could read that sentence as you either add Fontaine/Sunset Connector Street or reopen Sunset Ave Bridge. He suggested that it read "and" reopen Sunset Avenue Bridge eliminating "or". If they open the Sunset Avenue Bridge, then they don't have to do the connector street. Mr. Benish noted that the major focus of the recommendation is to get the connector road. The City component of developing this plan, to both staff and the community, was very adamant about the connector road. They were very much less in favor of opening Sunset Avenue. He felt that the plan and sensitivity to City concerns was leaving that as the and/or as being the broadest variable about how they address the Sunset Avenue Connector. Mr. Cilimberg said that from the City's point of view the Sunset/Fontaine Connector was priority one and then Sunset Avenue in the City being upgraded with connection back over into the County would be a potential subsequent action. But, Sunset/Fontaine needed to be in first. Mr. Craddock agreed. Mr. Benish said that it is okay to take the "or" out because it seems like if you don't do one that you would do the other. He did not think the City has any interest in that. It also could be misinterpreted though that the "and" means that you are definitely going to open up Sunset Avenue, He did not know that they were comfortable with the final decision that they are definitely going to open it. Mr. Craddock suggested putting in that it is a possibility. Mr. Cilimberg pointed out that the next step is the public hearing. Staff is talking with the City staff to make sure that they understand. ALBEMARLE COUNTY PLANNING COMMISSION - JANUARY 9, 2007 9 DRAFT PARTIAL MINUTES - Southern Urban Area B Study CPA and Granger Property CPA Mr. Benish noted that there would be a meeting between the two Chairmen as opposed to a joint City/County meeting. That is the consensus of the City. Therefore, they would start with a liaison approach. Ms. Joseph invited public comment. There being none, the meeting moved on to old business. In summary, the Planning Commission held a work session on the Southern Urban Area B Study CPA and Granger Property CPA. Staff reviewed the proposed text amendments to the Comprehensive Plan incorporating the recommendations of the PACC Southern Urban Area B. The Planning Commission took applicant input and public comment. The Commission discussed, asked questions and made comments and suggestions. The Commission was in general agreement with the direction of the recommended amendment language. There was a suggestion to clarify the amendment language to be clearer on whether residential uses are allowed as a possible use or expected as part of the mix of uses on the Granger site. There was another suggestion for staff to clarify the scale of the commercial aspect of the development recommended for the Granger site, that being of a smaller Neighborhood Service scale of development. Staff will be discussing the County staff's recommendations with the City's planning staff (Neighborhood Services Dept) and possibly with the City Planning Commission depending on the feedback from the City Director of Neighborhood Services. The next step is a public hearing. (Recorded and transcribed by Sharon Claytor Taylor, Recording Secretary.) ALBEMARLE COUNTY PLANNING COMMISSION - JANUARY 9,2007 10 DRAFT PARTIAL MINUTES - Southern Urban Area B Study CPA and Granger Property CPA Albemarle County Planning Commission March 13, 2007 The Albemarle County Planning Commission held a meeting and public hearing on Tuesday, March 13, 2007, at 6:00 p.m., at the County Office Building, Auditorium, Second Floor, 401 Mcintire Road, Charlottesville, Virginia. Members attending were Bill Edgerton, Jon Cannon, Eric Strucko, Duane Zobrist, Pete Craddock, Calvin Morris, Vice-Chairman and Marcia Joseph, Chairman. Ms. Joseph arrived at 7:05 p.m. Julia Monteith, AICP, Senior Land Use Planner for the University of Virginia, was present. Other officials present were David Benish, Chief of Planning; Jack Kelsey, County Transportation Planner; Elaine Echols, Senior Planner and Greg Kamptner, Deputy County Attorney. Call to Order and Establish Quorum: Mr. Morris called the work session to order at 6:04 p.m. and established a quorum. CPA 2005-009. Southern Urban Area B Study amendment and CPA 2005-005. Granaer Tract CPA: The proposed amendments would modify the Land Use Plan and Transportation elements of the Comprehensive Plan. Revisions to Neighborhood Five and Neighborhood Six include: updated housing and population information, revised land use designations/recommendations, new and revised recommendations for road and transportation improvements, including a new Fontaine Avenue-Sunset Avenue connector road and Stadium Road connector road and alternative alignment options for the Southern Parkway consistent with the recommendations of the Southern Urban Area B Study. The proposed land use amendments would change the land use designation for Tax Map 76, Parcel 24 (Granger tract, approx. 70 acres) from Neighborhood Density Residential (3-6 dwelling units per acre) to Office Service which would allow a mixed-use office oriented development. Recommendations regarding the mix of uses and intensification of development are also proposed for the area that includes Tax Map 76, Parcels 17B, 17B1-B8 and 17W and 17BX (Fontaine Research Park). Amendments to the Transportation element of the Comprehensive Plan include incorporating recommendations for new road improvements including a new Fontaine Avenue-Sunset Avenue connector road (generally located on parcels noted above), and Stadium Road connector road (generally located on Tax Map 76, Parcels 4, 5, and 8). (David Benish) Mr. Benish summarized the staff report and presented a power point presentation. · Based on some phone calls he had recently he prepared a long presentation. There is some public interested in this based on the recent public notification. The public has not participated in the prior work sessions. Therefore, he would provide some background so that they understand where they are in the process. · The County has been in the process of amending its Comprehensive Plan to incorporate the recommendations of the Planning and Coordination Council's Southern Urban Area B Study. About the time that they began that work they had an applicant's request for a Comprehensive Plan Land Use Amendment on the 69 acre piece of land referred to as the Granger Tract. The requested change was to change the land use designation in our current Comp Plan from Neighborhood Density Residential to Office Use. What is in the Area B Study was an Urban Density Residential recommendation. They had 3 different recommendations on that site. One is in the current Comp Plan, another in the proposed Area B Study and the other is the applicant's request. · The study area is generally bounded in the County by Fontaine Avenue and Sunset Avenue and the Redfields Development. It goes on into the City into the Fry's Spring/Jefferson Park Avenue area. The Planning Coordination Council Area B Study recommended a framework plan. The framework plan recommendation focused primarily on transportation improvements. Although they did make some land use recommendations that encouraged a more mixed use and more urban higher density of development. By and large their work to date has focused in on ALBEMARLE COUNTY PLANNING COMMISSION - MARCH 13,2007 PARTIAL DRAFT MINUTES FOR CPA-2005-009, SOUTHERN URBAN AREA B STUDY AND GRANGER TRACT CPA incorporating the transportation recommendations and has paid particular attention to 2 land use changes. One is for the Granger Tract, which was a request by the applicant. The other site is the Fontaine Research Park and recognizing the potential expansion interest on that site. But, those are really the only two substantive land use recommendations or changes that they are recommending. · The infrastructure and transportation recommendations focus in on the construction of the Fontaine/Sunset connector road. It discusses the extension of Stadium Road from Fontaine Avenue and also a connection within the City of Maymont Lane. It also recommended a new connector north of 1-64 from Fifth Street to Avon Street. That is already incorporated in our Comprehensive Plan. It also encourages building the Southern Parkway, an extension of that to Fifth Street. That is also already in our Comp Plan. It will add a new easUwest connector south of 1-64 between Sunset Avenue and Old Lynchburg Road. That is a project that staff is not recommending including in the Comp Plan. · The study also makes recommendations regarding transit service in the area in completing the sidewalk system and bike way system. Many of those recommendations are also identified in our various planning documents. A reference to this study in the Comp Plan will allow this document to be used as a reference tool in looking at those recommendations. · They touched on the Granger proposal, which is on about 70 acres of land just north of 1-64 west of Sunset Avenue and northeast of the railroad tracks. It is a project that is designated in our Comp Plan for Neighborhood Density Residential and the proposal is for Office Service. It does propose a mix of uses. The mixes are of neighborhood scale commercial and the potential for residential. The traffic modeling work that the applicant has done and the range of square footage of the site generally falls within the perimeters noted there of 540,000 square feet and 20,000 square feet of supporting commercial and 440 residential. · One of the important components of the Area B Study recommendation was the Inclusion of the mix of uses that provided for the Neighborhood Services. That was one way to address traffic impacts by allowing for convenience services within the residential areas that exist and are emerging in that area. Staff has discussed this item a number of times with PACCT. The primary issue has been the traffic impacts of the change in land use designation. Since traffic was an important component to this proposal in looking at a change that differed from the Area B Study PACC particularly wanted them to pay attention to not blowing the transportation system out of the water by allowing for too much use inconsistent with the network that was proposed. They were also concerned about other infrastructure issues and how they treat the environment of this site since it is an important site with some significant resources on it. · The findings for the Granger proposal, which was the specific applicant's request for non- residential, was that proposal as modeled would add between 3,800 and 5,300 trips to the system as studied in the Area B Study. Again, it was modeled at a certain level of development, which was the mid- to mid-high range that is proposed in the applicant's request for the Camp Plan Amendment. An important issue is that Fontaine Avenue is a roadway that is pretty close to capacity in terms of the traffic volumes on it. There is limited potential to upgrade that road based on City interest and also based on just physical limitations as it moves through the City neighborhoods. So that is an important issue in balancing traffic generated from new land uses. How the Comprehensive Plan Amendment that was submitted to the Commission has addressed these major recommendations - · Staff is recommending that the Fontaine/Sunset Connector road be include as a recommendation within the Comp Plan. · The extension of Stadium Road is a situation where County staff may have overstepped a little bit in not getting good clarity on what was actually the intension of the recommendations in the Area ALBEMARLE COUNTY PLANNING COMMISSION - MARCH 13,2007 2 PARTIAL DRAFT MINUTES FOR CPA-2005-009, SOUTHERN URBAN AREA B STUDY AND GRANGER TRACT CPA B Study. So staff will need to go back and discuss this a little bit more with the University and the City. Stadium Road is in one aspect seen as a very important opportunity to address that problem on Fontaine Avenue because of the limitations on Fontaine for a significant improvement. At this point in time the recommendations that staff have put forward in the Comp Plan are not necessarily what the University has agreed to. One of the purposes of the PACC process and the Area B Study is that they all come together with a mutual recommendation and they move forward with that mutual recommendation. So he does not want to put something forward that is not consistent with that recommendation coming out of PACC. So they need to get a little more clarity on that and get some better direction from PACC. There are very clear specific recommendations about constructing the Stadium Road Connector. If the Commission is going to act tonight he would ask that they not act on that particular item. They may very well not be ready to act tonight anyway. But, if they are he would recommend that they not act on that particular item until staff gets more clarity on that. · The Avon/Fifth Street Connector is already one that is in our Comp Plan and they are reviewing it as part of another rezoning request. The Commission recently had a work session on it. · The Southern Parkway is already a recommendation of the County's Comp Plan. The Area B Study did note as sort of an alternative alignment or a neighborhood system that might link to that Southern Parkway. Staff has suggested that they simply reference that as a possible alternative to consider as they do further planning for the Southern Parkway. · The connection south of 1-64 between Sunset and Old Lynchburg road staff is not recommending at this time. · Staff distributed the actual draft language proposed for review. It is the specific language that implements those findings or recommendations that he just went over. He asked if the Commission had any questions since his overview covered the substance of all of those recommendations. He noted that when staff went in and updated the profiles for Neighborhoods V and VI there were some corrections that they included. Some corrections were typos and others included updated information. One in Neighborhood VI there was a specific statement. There is a reference in not widening Route 250 west past the bypass towards Ivy. That was simply a housekeeping item. That is a recommendation that is already in the transportation section of the plan. It never got amended in the profiles. Therefore, that is not something new. That has been a long standing recommendation. He asked Ms. Monteith if his comments had reflected the issues that came up. Ms. Monteith replied yes, that in general that in the previous draft of the Southern Area B Report the Stadium Road Extension was talked about as a possibility and nothing beyond that was ever consulted with the University. They will need to have some consultation before there is any forward movement on that. Mr. Morris asked if there were any questions for Mr. Benish. Ms. Joseph said that it did not change anything with public water and sewer. She did not know if in the light of what they know now in what is going on with the Service Authority and whether that should be amended at this point in time. Mr. Benish said that it might be a good idea even if it is only a general reference to ensure that utility infrastructure is at adequate capacity and available for the proposed use. In other sections of the Comp Plan it is actually addressed in our utility section. But, it is probably something worth mentioning here. His understanding is that the Authority has not completed their assessment of their Rivanna Service Authority's infrastructure. That will be forthcoming very soon. They have not completed the entire study, Ms. Joseph noted that this just references small internal system upgrades, They don't know if that is true anymore or not. ALBEMARLE COUNTY PLANNING COMMISSION - MARCH 13,2007 3 PARTIAL DRAFT MINUTES FOR CPA-2005-009, SOUTHERN URBAN AREA B STUDY AND GRANGER TRACT CPA Mr. Benish said that they do know that the Moore's Creek interceptor line is a pretty old line. Therefore, he would not be surprised if there were some infrastructure improvements necessary. He was not sure what the capacity issues are. But, at least age and infiltration are issues in that line. Ms. Joseph complimented Mr. Benish for his fine work on the staff report since it was very easy to follow. Mr. Benish noted that Neighborhood Service is capitalized. From the previous work session they may recall that implies a more Village or smaller scale than a larger Commercial Service Grocery scale, but clearly a very small scale. There being no further questions for staff, Mr. Morris opened the public hearing and invited applicant comment. There being none, he invited general public comment. Bruce Claw, resident of Redfields, pointed out that they had just recently found out that this has an impact on their community. They did not understand based on previous public notices that there was a proposed change to the intensity of use of Sunset Avenue Extended and repurposing it as a connector rather than a local road. There are a few people present tonight, but many people are unaware of it. Those that are aware have schedule conflicts and will not be appearing this evening. The road is already fairly heavily used. Recent developments at the Woodlands, Eagle's Landing and Jefferson Ridge have created a moderately hazardous traffic situation along the existing road near the stop sign near the stop sign at Old Lynchburg Road. In a safety sense the road is already at capacity. Therefore, he discouraged the Commission from acting until they have taken a closer look at the traffic from both from the capacity level and the safety of the road. With respect to the Granger tract generally he was a bit curious why this was being acted upon now rather than being incorporated into the Comp Plan revision, which would be expected in 1 to 2 years in any case. He encouraged the Commission to provide an opportunity for interested parties in Redfields and the local neighborhoods to become aware and to make their own individual comments. Cathy Cassidy, resident of Redfields, said that she just became aware of this. She added that the road is definitely unsafe right now. Exiting Redfields there is a hill to the left where one cannot see approaching traffic. There is a very high volume of traffic, particularly with the addition of Eagle's Landing and Jefferson Ridge. Those are generally students that drive too fast while talking on cell phones. It is very unsafe. It is much safer to enter Redfields at night when one can see headlights coming up over that ridge. The kind of additional traffic they are proposing putting on the road with this, which would feed from Biscuit Run and Route 20, would make this a more dangerous traffic situation. With the proposal the Fontaine Avenue/Fontaine Connector could even take traffic all the way from Route 20 in Scottsville. It is a huge volume of traffic on a very under sized road. It would not be wise to entertain this kind of connector until that road can definitely be funded to be widened and upgraded to be graded down so that the site lines are better. Second, she did not see why there was any benefit to the County to put in more office space on the Granger Tract as opposed to more mixed use space. It does not make any sense to drag people to offices there versus housing them there. The housing makes more sense in that location and to provide the services for communities like Redfields, Mosby Mountain, Biscuit Run, Woodlands, Eagle's Run and Jefferson Place. They have no real places to buy anything or get a bottle of milk. It would be great to have that type of services there. Sandy Lambert, resident of Redfields, said that he was actually coming here trying to figure out how he could like what is being proposed. He thought that the County has spent a lot of time and effort planning transportation needs. He did not want to be a detriment to that. The issues were now coming out. If it were a high density use they would have a number of people living towards the University who possibly might not come by Redfields if they were employed towards the University. If it goes to an office use then they now have destinations generating the number of trips that Mr. Benish mentioned earlier. So they just need to understand what that really means. Right now it means that everybody is going this way past their subdivision in the morning and coming back this way at night. With Biscuit Run and offices on this site there is going to be traffic towards their subdivision both in the morning and at night. There are some road improvements needed. The bigger concern is that there is not enough money. So quite frequently ALBEMARLE COUNTY PLANNING COMMISSION - MARCH 13,2007 4 PARTIAL DRAFT MINUTES FOR CPA-2005-009, SOUTHERN URBAN AREA B STUDY AND GRANGER TRACT CPA they don't get everything that they should get. The report says that basically Granger should not be developed without the road improvements being made. The improvements from Granger towards Fifth Street might never occur. It has taken the County 30 years to build the Meadowbrook Parkway. He questioned how long it would take to build the Southern Parkway. This road is probably peanuts to those major roads. Ricky Patterson, a UVA worker at McCormick ObseNatory, raised the issue of the impact of the development once they put in these new roads in this area what. The County has been their best friend in terms of enforcing the lighting ordinance. Since this is a 3 party agreement area he just wanted to raise the concerns that are not always listened to by the University concerning the lighting impact. The Fontaine Research Park is probably the worse inhabitant in that area. If things go forward he encouraged everyone to continue to strictly enforce the lighting ordinance that the County has so graciously put into action. Frank Cox, representative for the New Era Properties, said that they have the primary interest in the Granger application. He asked to bring a couple of things to light counter to a couple of things that the speakers have said. The Area B Study has been going on for several decades. There have been basic iterations of it. But, this particular one has been in the mill for the last 3 years. The Comprehensive Plan Amendment that they submitted for the Granger Property was submitted some 20 months ago. They believe that the language that has been brought forth for the Office SeNice Mixed Use is appropriate. He thought that in light of the fact that the owner contrary to one of the slides that said that the owner has not consented or agreed to a residential component. Their documents provided in the past certainly have represented that this is truly going to be a mixed use project. The Area B Study is complex and there are a lot of institutional issues that are involved, as well as political ones. The one issue that he thinks is fairly clear is that the staff's recommendation for the change in the land use designation for Granger. Given the fact that the applicant has certain contractual matters to deal with along with the fact that the Comprehensive Plan Amendment really only gives them the footing from which to depart with a number of other studies, not the least are some fairly complex studies related to finalizing the appropriate design for the Fontaine/Sunset Connector they would certainly encourage the Commission to act tonight at least on the designation for the Granger property. There being no further comment, Mr. Morris closed the public hearing to bring the matter before the Commission. Mr. Craddock asked Mr. Benish if he had gotten any response from the City about opening the Sunset Avenue Bridge. Mr. Benish replied that was not likely to happen. In the Study City staff recognizes that one day when they have a more integrated system there may be a value some day to come back and reopen and make connections because those connections may actually improve the conditions on the other side where the connections are not made. But, at this point in time that is probably a ways down the road. The City is not interested in opening the Sunset Avenue Bridge even with the construction of this roadway and certainly not without the construction. Mr. Craddock asked about the interconnectivity to Stribling. They had talked about the changes of a road was probably null, but what about a bicycle path. Mr. Benish replied that he had heard interest from residents in that area for pedestrian connections. He did not perceive the pedestrian and bicycle connections as problematic, but a vehicular connection would be similar to Sunset. There is a real concern about Stribling being connected to the Fontaine/Sunset Connnector Road at this time. Mr. Benish noted that there were two typos that should be changed as followed. 1 . On page 13 in the third to the last hyphen, consider transit, bicycle and pedestrian recommendations should actually not be in there. It is in the next hyphen added to the old existing language. Therefore, it is just redundant. ALBEMARLE COUNTY PLANNING COMMISSION - MARCH 13,2007 5 PARTIAL DRAFT MINUTES FOR CPA-2005-009, SOUTHERN URBAN AREA B STUDY AND GRANGER TRACT CPA 2. The last hypen on that page should say to provide transit service to Fontaine Avenue Corridor, including the Fontaine Research Park. Mr. Cannon asked if staff has a response to several comments made about the Sunset Avenue Connector and the prospect that would bring additional traffic on a road that may be at or near capacity now and presenting dangerous conditions. Will the connector change the conditions on that road such that crowding or those dangers will be alleviated. Mr. Benish replied that that the existing condition of that roadway is probably not going to be adequate for a significant increase. When they evaluate the transportation system for significant increase in development that road is really under designed right now. It is probably going to need some level of upgrading. Staff tried to reflect that both in neighborhoods profiles, but if they are still on page 13 the reference about midway up is to construct Fontaine/Sunset Avenue connector road as recommended in the Southern Urban Area B Study, specifically Alternative IV, and improve the existing alignment of Sunset Avenue from the new connector road to Fifth Street. It is really intended that really completes what would be that new road system to bring that road up to a standard that would carry the traffic on it. Under its existing condition, they project out through by right development out to 2025 there will be additional traffic on that roadway regardless of whether the connector road is made or not. As development occurs on that undeveloped land it certainly could increase it. But, the connection to other roadways also allows for the traffic to distribute better. So the 2025 projected increases are actually balanced and improved a little bit with that interconnection. Mr. Cannon said that in the recommendations for the Granger tract staff states that any rezoning or development of the site should be timed with the construction of recommended planned improvements to the road network, which provide an adequate level of service to support development in this area. He assumed that the intent of that is to say that any development of this site consistent with the amended Comprehensive Plan should they adopt or recommend the amendments. Any development of the site would be contingent upon the availability of the immediate prospect of that additional capacity. Mr. Kamptner noted that would have to be tied to the rezoning. Mr. Cannon asked to make sure that intent is clear in the way they framed the Comprehensive Plan Amendment. Mr. Benish said that if it is not clear to other people, then it is not clear enough. Mr. Cannon noted that it was clear to him, but he just wanted to make sure it was clear. Mr. Benish said that by reference to the other road improvements in the area that the primary road improvements that they see are the connector road, the upgrade of Fontaine/Sunset and dealing with the issue of capacity on Fontaine Avenue, which right now functions between a level of Service E and F or will at certain points in time in the future. Mr. Kamptner asked if that could be written into the Comprehensive Plan specifying the roads that are part of the network that are the triggers and also the level of service that they are seeking. If a zoning decision is every based upon the adequacy of the road network they will want the Comprehensive Plan to be a specific objective as possible. Mr. Benish replied yes, that he thought that they could probably do that more specifically in those land use recommendation areas as opposed to embedded in all of the other sections. His one concern is that as they are observing with the Biscuit Run study that there may be other improvements that are necessary beyond what they might be able to identify. Once they look in more depth at a traffic model at a rezoning scale there may be other things that could cause impediments. But, as long as they are comfortable identifying at the minimum what those expectations are. Mr, Cannon noted that they don't have the benefit of a provision like this in the Comprehensive Plan for ALBEMARLE COUNTY PLANNING COMMISSION - MARCH 13,2007 6 PARTIAL DRAFT MINUTES FOR CPA-2005-009, SOUTHERN URBAN AREA B STUDY AND GRANGER TRACT CPA Biscuit Run. That would at least give them some bench mark from which to work. Mr. Morris asked if there were other questions or concerns. Ms. Joseph noted that there was something in here on page 12 on water quality impacts. Staff says that it should be an important consideration and then that measures should be put in place to not only minimize stream impacts, but also improve the current condition. She asked staff if they could take that and then make the leap to thinking that would require someone to use infiltration or LID or something that would be a little bit better. Mr. Benish replied yes, that he thought that they could. Actually one of the things that they were trying to address was stream bank erosion and restoration of the stream banks. That is part of what they were trying to get at and maybe they should be more direct about that. He felt that language allows us to use other innovative approaches. Mr. Edgerton said that staff had done a great job. He thought that staff had captured all of the comments that had been made in previous work sessions. Mr. Benish noted that what he had heard that the Commission would want in addition, whether they act tonight and direct staff to make those changes before the Board, or come back to then would be to provide greater specificity for those trigger roads and capacities within both Fontaine Research Park and the Granger proposal. There would be a specific reference to water and sewer utility with the same sort of infrastructure measure for capacity. He asked if there were any other changes. Ms. Monteith said that staff needs to amending the language around Stadium Road Extended and/or consulting with the University. She added that some of the Commissioners may not be aware that there has been a discussion with the City about a new fire house being placed along such a road. That would remove the need for the planned fire house that is currently proposed close to Ivy and Route 250, In that discussion the general connection would be that if there were a road to go there that it would connect with Ray C. Hunt Drive, which is the road that currently goes into Fontaine Park. She just wanted to preference that has been the discussion that has been out there. Mr. Benish said that to summarize that would be to delete those references at this point of time and then they wi/I engage with the PACC group again and inform the Board of the direction on that. Mr. Strucko said that those details become very important. If there is going to be a Fontaine/Sunset Connector, where would it connect to Fontaine. Would it be through the research park or around the research park? They talked about this point in their last session about the various options shown on Attachment D. All but one goes through the research park. He assumed that the research park has to be on board with this concept. Ms. Monteith said that the agreed upon alignment was 4, which is the one that generally aligns with what is Stribling now. Therefore, it goes outside of the research park and not through it. Mr. Strucko replied that was correct because that was not Ray C. Hunt Drive. Ms. Monteith said that is correct. The University has discussed the idea of a connection, which they always proposed as a transit pedestrian bike connection and not as a vehicular connection. The connection was to go from Stadium Road to Ray C. Hunt Drive. Mr. Strucko asked if that was in existence now. Ms. Monteith replied that it was a pedestrian bike path now, but it does not accommodate the UTS Transit Service, which is the University's Bus Service. Mr. Strucko noted that the SunseUFontaine connector is pretty vital. His concern is how it will happen. If it ALBEMARLE COUNTY PLANNING COMMISSION - MARCH 13,2007 7 PARTIAL DRAFT MINUTES FOR CPA-2005-009, SOUTHERN URBAN AREA B STUDY AND GRANGER TRACT CPA is not going to go through Ray C. Hunt Drive then it will connect with Fontaine several feet several feet down the road from Ray C. Hunt Drive. He was not sure what kind of traffic impact that would have. Mr. Edgerton said that Mr. Strucko was worried about two connections to Fontaine Road so close together and then the additional congestion that would occur. There was some discussion about trying to channel it through the edge of Fontaine Office Park and then bring it out on the same entrance. That would really jam things up in the Fontaine Park a little more. Mr. Strucko felt that Fontaine Research Park currently housing over 2,000 employees. That is a conservative estimate. There is only one way in and one way out, which is Ray C. Hunt Drive. There is no connection to the Fontaine Research Park to the back end. Mr. Benish noted that staff had included a recommendation in the Fontaine Research Park that called for additional accesses to the Fontaine Research Park. Mr. Edgerton said that Alternative 4 shows it going along the edge of it. Mr. Strucko agreed that it showed it not connecting with it. That is his point. With 2,000 employees all coming in roughly at the same time and leaving at the same time are going onto Fontaine Avenue and Ray C. Hunt Drive. The SunseUFontaine connector that skirts the research park connects only sever~1 hundred feet to the east of that, which would exasperate traffic on Fontaine Avenue. Ms. Monteith noted that Mr. Benish was saying something else. Mr. Benish said that they would have the Ray C. Hunt entrance and also the entrance to what would be the connector road. Staff has put language in referencing that issue to ensure that with the expansion of the Fontaine Research Park that additional entrances into the Fontaine Research Park will be constructed so that there is more than one way in and one way out. The Sunset Connector is really not seen as an entrance in or out. It would be another public road that would provide the opportunity for that access. That is in staff's language. Mr. Edgerton noted that the map on page 43 of Attachment D shows Alternative IV going to the southeast of Fontaine Park. He asked if the red portion part of Fontaine Park. Mr. Benish replied yes, that it was. The area in red he was referring to is actually the bank that is actually past the parking lot. Alternative IV is shown at the edge of the parking lot. So it is not right next to the buildings, but next to the eastern most area of the parking lot. Then the topography drops off and the area is really going down to Stribling Avenue. Technically it is on property that the University Foundation owns, but it is not part of the built part of the University. Mr. Strucko asked that they be careful with the depictions. He was glad to see that was explicitly stated that there should be additional connection to the research park. Mr. Benish noted that Alternative IV was to the east of the built environment. Mr. Strucko said that the existing gravel road is not connected at all with Fontaine Research Park. It does not touch the parking lot at all. It is graded wall below the parking lot. So there is no connection if that is an alternative under consideration. That is the one that he would object to. He said that there has to be clear depiction that there is an alternative entrance point not connected to Fontaine Avenue at all into the Research Park, which would be the SunseUFontaine connector. Adding another employment center that connects immediately to it only 100' or so down the road from Ray C, Hunt Drive, it would just make a bad situation worse. Motion: Ms. Joseph moved, Mr. Edgerton seconded, to approve CPA 2005-009, Southern Urban Area B Study amendment and CPA 2005-005, Granger Tract CPA as staff recommends in Attachments A, Band C of the staff report subject to the changes that the Planning Commission suggested. ALBEMARLE COUNTY PLANNING COMMISSION - MARCH 13,2007 8 PARTIAL DRAFT MINUTES FOR CPA-2005-009, SOUTHERN URBAN AREA B STUDY AND GRANGER TRACT CPA 1. Remove the reference to Stadium Road connection. 2. Provide more clarification on water and sewer. 3. Provide for the specific road improvements that are the minimum necessary for the timing and the capacity expectations. (Staff will work with the County Attorney's Office on the language to make sure that it does what they intend it to do.) 4. Make the two corrections as noted by staff regarding a redundant sentence and the addition of transit. The motion passed by a vote of 6:0. (Mr. Zobrist was absent.) Mr. Morris stated that CPA 2005-009, Southern Urban Area B Study amendment and CPA 2005-005, Granger Tract CPA, would go before the Board of Supervisors on June 13, 2007 with a recommendation for approval. Mr. Benish pointed out that staff was not sure of the Board date due to schedule conflicts, but staff is trying to find the date that it can go. There will also be a work session earlier than the public hearing. Staff is trying to schedule that for May. (Recorded and transcribed by Sharon Claytor Taylor, Recording Secretary.) ALBEMARLE COUNTY PLANNING COMMISSION - MARCH 13,2007 9 PARTIAL DRAFT MINUTES FOR CPA-2005-009, SOUTHERN URBAN AREA B STUDY AND GRANGER TRACT CPA RESOLUTION OF INTENT WHEREAS, one of the key purposes of the family subdivision regulations is to promote the cohesiveness of the family; and WHEREAS, the Rural Areas Plan (the "Plan") was adopted by the Board of Supervisors as part of the Albemarle County Comprehensive Plan on March 2, 2005, and it states that one way to discourage the transfer of lots created by a family subdivision to someone who is not a member of the immediate family is to increase the period the parcel to be subdivided must be owned by the family member before it may be subdivided, and to increase the period each family subdivision lot must be owned by the grantee of a lot created by a family subdivision before it may be transferred to someone who is not a member of the immediate family; and WHEREAS, Albemarle County Code ~ 14-212 requires that the grantee of a lot created by a family subdivision not transfer the lot to someone who is not a member of the immediate family for two years from the date of recordation of the plat; and WHEREAS, in order to better promote the purposes of the family subdivision regulations and to discourage their abuse, it is desired to amend the Subdivi,sion Ordinance to establish a period by which a landowner must own a parcel before it may be subdivided by family subdivision, to extend the period prohibiting the transfer of a lot created by family subdivision to someone who is not a member of the immediate family beyond the current two-year period, and to adopt such other regulations to assure that these requirements are satisfied. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good land development practices, the Board of Supervisors hereby adopts a resolution of intent to amend Albemarle County Code ~ 14-212 and any other regulations of the Subdivision Ordinance deemed appropriate to achieve the purposes described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the subdivision text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date. ***** 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, Virginia, by a vote of six to zero, as recorded below, at a regular meeting held on Ma 7. Mr. Boyd Mr. Dorrier Mr. Rooker Mr. Slutzky Ms, Thomas Mr. Wyant Ave Nav y y y y y y isors RESOLUTION OF INTENT WHEREAS, the purposes of Section 4.2, Critical Slopes, of the Zoning Ordinance are to direct development away from critical slopes to more suitable terrain in order to protect and conserve critical slopes, public drinking water supplies and flood plain areas, and to reduce soil erosion, sedimentation, water pollution and septic disposal problems associated with the disturbance of critical slopes; and WHEREAS, Section 4.2 establishes minimum requirements for the location of improvements and delineates several exemptions, including an exemption in Section 4.2.6 for accessways (driveways and roads) where no reasonable alternative location or alignment exists; and WHEREAS, Section 4.2.5 allows modifications and waivers to be granted from the critical slopes requirements under prescribed circumstances, subject to reasonable conditions designed to mitigate the adverse impacts otherwise resulting from the disturbance of critical slopes; and WHEREAS, in order to better achieve the purposes of Section 4.2, it is desired to allow the disturbance of critical slopes to establish an accessway only if the landowner obtains a modification or waiver, with reasonable conditions, rather than an exemption. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Albemarle County Planning Commission hereby adopts a resolution of intent to amend Section 4 and any other regulations of the Zoning Ordinance as described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date. ..... 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, Virginia, by a vote of six to ~, as recorded below, at a regular meeting held on Ma 2 7. Mr. Boyd Mr. Domer Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant Ave Nav y y y y y y ors RESOLUTION OF INTENT WHEREAS, although the Zoning Ordinance requires safe and convenient access for developments subject to a site plan (Section 32) and parking lots (Section 4.12), and the Subdivision Ordinance imposes minimum design standards for public and private streets to allow safe travel, there are no such minimum standards for driveways to residences in the Rural Areas zoning district; and WHEREAS, in order to better protect the public safety, it is desired to require that driveways in the Rural Areas zoning district be designed and constructed to assure that fire and rescue vehicles can safely access a residence. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Albemarle County Planning Commission hereby adopts a resolution of intent to amend Section 4 and any other regulations of the Zoning Ordinance as described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date. ***** 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, Virginia, by a vote of six to zero, as recorded below, at a regular meeting held on Ma 2 Mr. Boyd Mr. Domer Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant Ave Nav X y X Y y y - COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Rural Areas Resource Protection AGENDA DATE: May 2,2007 ACTION: X INFORMATION: SUBJECT/PROPOSAUREQUEST: Rural Areas Resource Protection Issues Summary CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACTCS): Messrs. Tucker, Foley, Davis, Kamptner, Graham, Cilimberg, Benish; Ms. McDowell ATTACHMENTS: YES LEGAL REVIEW: YES REVIEWED BY: BACKGROUND: Following the Mountain Overlay District (MOD) Committee's presentation of their proposal, the Board of Supervisors and Planning Commission held two public input meetings and three work sessions to discuss issues related to those recommendations (See Attachments A & B). As a result of the public input received, the Board requested that staff present an alternative proposal that would apply some provisions of the MOD Committee's proposal to the entire Rural Areas. That alternative proposal was discussed with the Board at December 13th and January 10th work sessions (Attachments C & D). At the conclusion of the January 10th work session, the Board directed staff to prepare a summary of the Board's preference with respect to a proposal. This work session is to verify the Board's position, allowing ordinance amendments in support of that position to move forward. STRATEGIC PLAN: Goal 2. Protect the County's Natural Resources Goal 4, Effectively Manage the County's Growth and Development. DISCUSSION: This discussion will present a summary of staff's understanding of each element with respect to the proposal. The term "Rural Areas Resource Protection" was suggested to replace Mountain Overlay District, recognizing the proposal now encompasses the entire Rural Areas. The Board also directed staff to add the extension of ownership requirements of family divisions, as an issue to include in the review. Therefore, the discussion has been expanded to include all of the Rural Areas land use designation and Family Divisions. 1. Critical Slopes - The Board agreed to reduce the impact on natural resources from Rural Areas development by removing the exemption for access ways (roads and driveways) across critical slopes. Waivers, as described below, would be available to prevent property owners from being denied reasonable use of their property. This provision would be implemented by amending 94.2. of the Zoning Ordinance to remove the access ways exemption from critical slope requirements. Staff believes the administrative burden of this provision can be minimal for the County and applicants by providing digital maps depicting critical slopes in the Rural Areas. This mapping has already been prepared and made available to the public using the GIS Web. 2. Stream Buffers - The Board agreed to reduce the impact on natural resources from Rural Areas development by providing uniform stream buffer standards throughout the entire Rural Areas and expanded buffers in the MOD. This would be accomplished by having stream buffers that extend 100' on each side of all streams within the Rural Areas and 200' on each side of all streams in the MOD. Rural Areas property within the Water Supply Areas already have all stream protected by 100' buffers. Thus, this change would simply apply the same standard to all Rural Areas property outside of the MOD and provide an expanded stream buffer in the MOD. The Board expressed interest in hearing from Stream Watch or others on the potential benefit of this buffer standard or even greater buffers. John Murphy, Director of Stream Watch, and Ridge Schuyler, Director of The Nature Conservancy Piedmont Program and a contributor to the Rivanna River Commission, have expressed support of the proposed buffer regulations (Attachments E and F). This provision would be implemented by amending 917-301,917-302, and 917-317 of the Water Protection Ordinance. Staff believes this change would reduce the administrative burden by applying the same standard to all Rural Areas property. AGENDA TITLE: Rural Areas Resource Protection Page 2 3. Safe and Convenient Access - To assure public safety, the Board agreed that safe and convenient access, as currently required by the Zoning Ordinance, would include assuring fire and rescue vehicles could safely access the residence. As a requirement for safe and convenient access already exists in the Zoning Ordinance, this simply requires an affirmation by the Board that this access requirement should include emergency vehicles and staff can rely on Fire/Rescue to define what they believe is needed with their vehicles. 4. Erosion and Sediment Control- To assure the three provisions described above were enforced, the Board agreed that Erosion and Sediment Control plans, rather than Agreements in Lieu of a Plan, would be required for all new single family houses in the Rural Areas. This plan would allow staff to verify that critical slopes and stream buffers are not being disturbed, as well as assuring the driveway is properly designed. Staff believes this provision could require applicants to spend upwards of an additional $1,000 per new house for preparation of plans and an increased permit fee. This change would require an additional Erosion Control Inspector/Reviewer to manage the increased workload. 5. Waivers and/or Modifications - The ability to waive or modify the above requirements would be necessary for circumstances where no alternatives are available for a reasonable use of the property. To simplify the administration of this process, the Board agreed that waivers or modifications could be granted through a staff administered process, with appeals to the Planning Commission. This process was part of the original MOD Committee's recommendation. 6. Family Divisions - While outside of the original MOD recommendation, the Board asked that this be brought back for review. The length of ownership (both before and after family division) was an issue discussed with the RA clustering and phasing initiatives, as family divisions would have been exempted from those regulations. Staff believes the Board consensus supported ownership for 5 years before and after the family division. The Commonwealth of Virginia has enabled localities to require family ownership of parcels 15 years before and after the division. 7. MOD recommendations not being pursued - The Board agreed not to further consider the recommendations related to height of buildings related to the ridgeline and clustering with Rural Preservation Development. 8. MOD recommendations pursued outside of ordinance changes - Through its Strategic Plan, the Board has an objective of adding at least 30,000 acres in conservation easements or qualified parkland and agreed to increase the budget for the Acquisition of Conservation Easements program. BUDGET IMPACT: Staff does not anticipate this proposal would impact property assessments, but some Rural Areas property may become more difficult to subdivide. Staff has determined the primary fiscal impact of this proposal would be associated with the required Erosion and Sediment Control plan and the need for an additional Erosion and Sediment Control Inspector / Plan Reviewer to support this change. That position would have a first year expense of approximately $78,000 and subsequent year expenses of approximately $58,000. That cost could be offset by additional fees. By switching from Agreements in Lieu of a Plan to Erosion and Sediment Control Plans, the current fees would increase by approximately $29,000 (assuming an average of 290 new houses per year in the Rural Areas). The Erosion Control Permit fee for a single family house would need to be raised from the current $130 to $205 for the new position to be fully supported by fees. It should be noted that the currently used Agreements in Lieu of a Plan requires a fee of only $30 while staff estimates the administrative cost of this permit is several times higher than the fee. Thus, this fee change could eliminate some General Tax support for administration of the Erosion and Sediment Control Program. RECOMMENDATIONS: Staff recommends that the Board of Supervisors review the discussion summary and, if no changes to the direction are required, adopt the attached Resolutions of Intent for the Zoning and Subdivision text amendments that will allow staff to bring forward the ordinance amendments. The amendments to the Water Protection Ordinance do not require a Resolution of Intent. ATTACHMENTS A Mountain Overlay District Chronology B Mountain Overlay District Committee proposal C Executive Summary. December 13. 2006 D Executive Summary. January 10. 2007 E Letter. Stream Watch. John Murphy. dated March 28. 2007 F Memorandum. Thomas Jefferson Soil and Water Conservation District. Alyson SappinQton. Auqust 10. 2000 G1 Resolution of Intent-Critical Slopes G2 Resolution of Intent-Safe and Convenient Access G3 Resolution of Intent-Family Subdivisions ATTACHMENT A MOUNTAIN OVERLAY DISTRICT CHRONOLOGY 1971: Mountain protection efforts began with the adoption of the County's first Comprehensive Plan that described the mountains as "conseNation areas." The provisions of the proposed Mountain Overlay District are based on concerns described in that Plan and successive Comprehensive Plans. 1980: Steps were taken to protect mountains through regulation when the Rural Areas zoning district and the critical slopes provisions were adopted. The critical slopes provision currently requires a "building site" (minimum 30,00 square feet less than 25% slope, critical slopes, for the location of the dwelling and septic system). Driveways are not regulated on critical slopes. 1992: The Open Space and Critical Resources Plan, adopted by the Board of SupeNisors as part of the Comprehensive Plan, recommended a mountain protection ordinance and first defined mountains by contour elevations. 1995: The Board of SupeNisors appointed a twelve member Mountain Protection Committee to study mountain protection measures and to make a recommendation regarding an ordinance. 1996: 1996- 1998: The Committee's final report, the Proposed Mountain Protection Plan dated August 1, 1996, recommended that the Board adopt an ordinance to protect water quality, reseNoir capacity, soil conseNation, forest resources, plant and animal habitat, and scenic values with their associated impact to the economy, tourism, and public safety. The Board of SupeNisors received the report on September 4, 1996, and directed the Planning Commission to hold sessions on a proposed ordinance as recommended by the Committee. The Planning Commission held three sessions that fall, leading to the resolution of intent adopted on October 15, 1996. Staff was directed to prepare ordinance language. Following work sessions and a final public hearing, the Planning Commission recommended approval unanimously (6-0) of all three amendments (Comprehensive Plan Amendment CPA 98-01, Zoning Text Amendment ZTA 98-05, Zoning Map Amendment ZMA 98-10). 1998: The Board approved The Comprehensive Plan Amendment (Mountain Protection Plan). The Zoning Text Amendment and the Zoning Map Amendment were tabled; thus, action on these amendments was deferred. 2002: The Board of SupeNisors determined that they would reconsider the Zoning Text Amendment, as revised by the Board in 1998, and the Zoning Map Amendment. 2003: Open House Informational Meetings held. 2003: The Board of SupeNisors determined that a new Committee should be appointed to consider the proposed Ordinance when the Rural Areas Comprehensive Plan work was further along. The Board appointed a twelve- member Mountain Overlay District Committee and one liaison from the Board of SupeNisors. 2004- 2006: 2006: 2007: Mountain Overlay District Committee met over two years before arriving at a consensus on a proposal to protect mountain resources. The Committee arrived at consensus only after long, arduous debates, and extensive research that included visits from outside experts. They strived to achieve a balance between individual property rights, retaining property values, and protecting finite natural resources. May 10, the MOD Committee presented its proposal to the Board August 1 and 3, Public Input meetings held at Burley Elementary School September 13, the Board held a work session to further discuss the MOD proposal December 13, the Board held a work session to discuss the MOD proposal and directed staff to return with information pertaining to expanding the MOD proposal into the RA. January 10, the Board generally indicated that it would not approve establishing a Mountain Overlay District, but instead it wanted additional information regarding provisions in the MOD proposal that could be utilized in the entire RA; provisions for a policy change for requiring an E &S Plan instead of an Agreement was directed to be placed on a future agenda. Proposal for Protection of Albemarle County's Mountain Resources - April 17, 2006 SUBMITTED.doc ATTACHMENT B Proposal for Protection of Albemarle County's Mountain Resources by The Mountain Overlay District (MOD) Committee On June 4, 2003, the Board of Supervisors appointed a Mountain Overlay District Committee. The Board asked the Committee to craft "an acceptable and effective ordinance to protect mountain resources and implement the Mountain Protection Plan" (a section of the Comprehensive Plan adopted in 1998).1 The Committee's diverse membership was also asked to use a consensus process.2 The Committee worked for two years, from April 2004 through April 2006. AI/12 of the Committee's members supporl this proposal. 3 The Mountain Overlay District (MOD) Committee recommends a three-part program to protect the economic, cultural, and natural resources of Albemarle County's mountains. The recommended program includes: a mountain ordinance focused on protecting the MOD environment; principles that would mandate and govern Rural Cluster Subdivisions in the mountains; and public acquisition of interests in land. Each of these elements is outlined below. The program, as a whole, is designed to get development off critical slopes and out of stream buffer areas and to protect habitats and watersheds, scenic and historic resources, and agricultural and forestal uses of the mountains. It is also designed to conserve properties and their values both within and outside the MOD. Several aspects of this proposal, such as enhanced protection for critical slopes, might also be appropriate for general application in the County's Rural Areas, Because the Committee's charge related to the MOD, however, we have not included broader applications in our proposal. A. Outline of a Mountain Overlay District Ordinance 1. Findings a. Ensuring public safety is of particular concern in Albemarle's mountains, In a few clearly defined areas, unstable mountain slopes are a clear threat to life and property, as evidenced by past debris flows. More generally, difficult access can make successful fire and rescue operations problematic in the mountains. b. The mountains of the County are almost entirely in forest cover with the remaining acres in orchards and pasture. They support a viable forest and agricultural industry that is important to the County's economic well-being. Mountain areas provide critical services in collecting, storing, filtering and releasing water for human consumption and other uses at lower elevations. Maintaining forest cover and protecting headwaters and stream buffers in the mountains are necessary for adequate quantity and quality of water. The mountain forests (like all forests) also protect air quality and help stabilize climate. c. Mountain landowners have important interests in maintaining the use, enjoyment and economic value of their land. Landowners, businesses and citizens throughout the County have important economic and quality-of-Iife interests in preserving the natural, historic and scenic qualities of the mountains. These economic interests include a substantial tourism industry. d. Mountain areas are a system of slopes that extend for greater distances and may be considerably steeper than slopes at lower elevations. Disturbance of steep slopes in these areas is of particular concern because of the presence of more erodible soils than in other areas and the length of the grade on such slopes. 1 "Mountain Overlay District" memorandum from Joan McDowell to the Mountain Overlay District Committee, March 16, 2004. 2 Ibid. and "Mountain Overlay District Committee Meeting Notes," AprilS, 2004. 3 A 13th member, Katie Hobbs, moved to Georgia in late 2005. Page 1 of 5 Pages Proposal for Protection of Albemarle County's Mountain Resources - April 17, 2006 SUBMITTED.doc A TT ACHMENT B e. The mountain areas support native biological diversity and offer prime habitat for hunting and wildlife observation. Declines in diversity are threatened by fragmentation of habitat - the dividing of large areas into smaller parcels - and the resulting disruption of forest cover. f. The mountains provide an important and unique aesthetic and cultural resource. The relatively pristine, wooded character of the County's high elevations - the blue backdrop of the mountains - defines much of the character of Albemarle County and has served as an inspiration and cultural landmark for residents since colonial times. 2. Purposes of Ordinance Based on these findings, the Committee proposes an ordinance to achieve the following purposes in mountain areas: a. Protect public safety b. Protect headwater streams, water quantity and quality, and public drinking water reservoir capacity c. Reduce impacts of development on native biological diversity (natural heritage) d. Preserve properties and their values both within and outside the MOD e. Protect agricultural and forestal soils and uses f. Protect scenic qualities and cultural and other historical resources 3. Definitions a. Mountain Ordinance District (MOD). The ordinance would use the same lower boundary lines for the MOD as the proposed 1998 ordinance. It would apply to parcels that lie wholly or partially within those boundary lines. b. Ridge Area. A "ridge area" within the MOD would be defined as within 100 vertical feet or 250 horizontal feet of a crest, whichever is more restrictive.4 4. Terms of the MOD Ordinance a. Critical Slopes No residential construction or related road or driveway construction, except for the improvement of a road or driveway that existed on the date of the ordinance, would be permitted on critical slopes. This ban on construction would not apply to roads built for forestry, agricultural, and horticultural purposes.s Neither would this ban apply to lots of record created on or before December 10,1980, in order to establish the first single family residence, provided there is no alternative building site and no alternative route for the road. Any roads built on critical slopes for forestry, agricultural, or horticultural purposes after the date of the ordinance would not be convertible to residential use after the date of the ordinance. This limitation would not apply to lots of record created on or before December 10, 1980, in order to establish the first single family residence, provided there is no alternative building site and no alternative route for the road. b. Erosion and Sediment Control Plan 4 Virginia Code ~ 15.2-2295.1 defines "crest" to mean "the uppermost line of a mountain or chain of mountains from which the land falls away on at least two sides to a lower elevation or elevations." 5 See Albemarle County Code ~ 18-4.2.1 (definition of "building site"). Page 2 of 5 Pages Proposal for Protection of Albemarle County's Mountain Resources - April 17, 2006 SUBMITIED.doc A TT ACHMENT B Land disturbing activities exceeding 2500 square feet will require an effective erosion and sediment control plan explicitly designed to address erosion control and water infiltration for the long term. Guidelines for drafting these plans should encourage flexible and innovative approaches. c. Stream Buffers No residential construction would be permitted within 200 feet of an intermittent or perennial stream or river or other body of water shown on a U.S. Geological Survey 7.5 minute quadrangle topographic map. No hard-surface or impermeable surface roads, including gravel on compacted base, or driveways would be permitted in this area except by special use permit. When disturbance is necessary to cross streams to access a portion of the property as set forth above (or as otherwise allowed in the MOD), best management practices would be imposed. Development in a stream buffer mal be authorized in the following circumstances, provided that a mitigation plan? is submitted to, and approved, by the program authority: · On a lot on which the development in the stream buffer will consist of the construction and maintenance of a driveway or roadway, and the program authority determines that the stream buffer would prohibit reasonable access to a portion of the lot which is necessary for the owner to have a reasonable use of the lot; or · On a lot of record created on or before December 10, 1980, if the stream buffer would result in the loss of a building site, and there are no other available building sites outside the stream buffer on the lot, or to allow redevelopment as permitted in the underlying zoning district.8 d. Heiaht Restrictions No building within the ridge area would be permitted to exceed 35 feet in height or to exceed the height of an adjacent crest, whichever is more restrictive.9 e. Safe Access Building sites within the MOD will not be approved unless the applicant can demonstrate that fire and rescue vehicles will be able to safely access the site. f. Waiver or Modification An administrative waiver or modification from one or more of these requirements would be available. Such waiver or modification could be granted only upon a finding that alternatives proposed by the developer would advance each of the purposes of the ordinance to an equivalent or greater degree than strict application of these requirements.1o In making this determination, the appropriate body-the Program Authority or the Planning Commission-would take into account the effects of the developer's overall plan for the property (including residential construction and related road or driveway construction or road or driveway improvement), and if a 6 Albemarle County Code S 17-321 provides that the activities "may" be authorized by the program authority, but the authority does not have to permit the activities in all cases. 7 The mitigation plan mandated by Albemarle County Code S 17-322(C)(2) requires, among other things, that the activity be located so that it is the least disruptive to the functions of the stream buffer. S See Albemarle County Code S 17-321. 9 It is the Committee's intention that "adjacent" refers to a crest on which a residential dwelling could be constructed. ]0 Compare with Albemarle County Code SS 18-4.2.5 and 18-5.1(a). Page 3 of 5 Pages . Proposal for Protection of Albemarle County's Mountain Resources - April 17, 2006 SUBMITTED.doc ATTACHMENT B waiver were issued, it would include any conditions on development necessary to protect the purposes of the ordinance. A variance would be available in cases of undue hardship under existing regulations.11 Application of the Ordinance may result in inability to use all division rights 12 that have been allocated to properties in the MOD - that is, because of measures in the Ordinance, parcels may not be able to be developed as extensively as they would without these measures. Property owners would have the ability to moderate the effect of these measures through waivers and modifications. B. Guidelines for Incorporation into a Future Rural Cluster Subdivision Ordinance for the MOD For Rural Preservation Developments (RPDs) in the MOD, rural preservation parcels (RPPs) will include any ridge area in the RPD or as much of it as feasible consistent with utilization of all development rights otherwise available to the parcel. The RPP will retain a development right. The RPP will be configured and conditioned to minimize adverse impacts on hydrology, biodiversity, aesthetics, cultural and other historical resources, agricultural and forestal soils and uses, public safety, and to preserve property values within and outside the MOD. Development lots outside the RPP will be configured and conditioned to minimize impacts on 13 these same resources and property values. Construction in RPDs in the MOD will also be subject to the generic requirements in the MOD Ordinance, as above. C. Additional Protection for Mountain Resources The County's Comprehensive Plan makes specific provision for acquisition of property interests, such as purchase of development rights (PDR), to protect the mountains. The Committee proposes expanded efforts within the MOD to: · Promote conservation easements · Promote riparian buffer easements · Encourage voluntary reduction of development potential More specifically, beyond the ordinance and clustering proposed in this document, the Committee believes the Board of Supervisors must develop innovative and flexible approaches to protecting Albemarle's mountains. It has generated the following list of ideas, although it is not endorsing any single one. The list is certainly not intended to be exhaustive; rather, the Committee encourages the Board to think creatively. · Grant complete or partial tax-exemption to any real estate placed in a permanent "riparian buffer" easement, even if the landowner chooses to impose stream buffers that are wider than those recommended in the Stream Buffers section of this proposal.14 11 See Albemarle County Code S 18-34.2. 12 The term "division rights" includes "development rights." 13 See Mountain Design Standards, Natural Resources and Cultural Assets Plan, which is a component of the Albemarle County Comprehensive Plan, pp. 116-117; Strategies, Rural Areas Plan, which is a component of the Albemarle County Comprehensive Plan, pp. 37-38; and Memorandum to Planning Commission from Stephen P. Waller (May 24,2005) (Ragged Mountain Farm RPD). Page 4 of 5 Pages Proposal for Protection of Albemarle County's Mountain Resources - April 17, 2006 SUBMITTED.doc ATTACHMENTB · Change the ACE Program's criteria to evaluate properties and allocate the currently available and potentially new funding resources as follows: o Mountain value: Modify the ACE ranking to add a category for land located inside the MOD. o Scenic value: Modify the ACE ranking to add a category for scenic lands. · Lease scenic rights. Develop a Scenic Land-Lease Program that would pay a fair price to landowners for very long (30-99 years) scenic leases on the highest ridge spines. · Develop a Watershed Protection Fund. Work with the Rivanna Water and Sewer Authority and the Albemarle County Service Authority to develop a user fee that would be earmarked-as supplemental ACE funding-for the MOD sections of the watershed that feed the local public water supply system. · Abate all property taxes on the Ridge Areas within the MOD as long as they remain undeveloped. If conversion occurs later, a rollback of all abated taxes would be levied, with interest at 10% on accrued rollback balances compounded annually. · Develop a transfer of development rights (TDR) ordinance (using recent enabling legislation) whereby development rights within the MOD may be sold and transferred to parcels wholly outside the MOD.15 Enactment of one or more of these approaches would not be designed to compensate landowners for the impact of the proposed ordinance. Instead, they would create additional protections for the MOD beyond what may be accomplished by regulation. It is the Committee's desire to avoid adverse impacts on the viability of the ACE program as well as on any other similar program or regulatory provision in the County. 14 S 58.1-3666. Wetlands and riparian buffers. Wetlands, as defined herein, that are subject to a perpetual easement permitting inundation by water, and riparian buffers, as defined herein, that are subject to a perpetual easement permitting inundation by water, are hereby declared to be a separate class of property and shall constitute a classification for local taxation separate from other classifications of real property. The governing body of any county, city or town may, by ordinance, exempt or partially exempt such property from local taxation. "Riparian buffer" means an area of trees, shrubs or other vegetation, subject to a perpetual easement permitting inundation by water, that is (i) at least thirty-five feet in width, (ii) adjacent to a body of water, and (iii) managed to maintain the integrity of stream channels and shorelines and reduce the effects of upland sources of pollution by trapping, filtering, and converting sediments, nutrients, and other chemicals. "Wetlands" means an area that is inundated or saturated by surface or ground water at a frequency or duration sufficient to support, and that under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, and that is subject to a perpetual easement permitting inundation by water. (1998, c. 516.) 15 Approved by the Governor-Chapter 573 (effective 7/1/06). Transfer of development rights. Allows localities to provide for the transfer of development rights from a parcel of property located in the locality to another parcel of property located elsewhere in the locality. Page 5 of 5 Pages Attachment C COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Mountain Overlay District and Rural Areas Resource Protection Work Session AGENDA DATE: December 13, 2006 ACTION: X INFORMATION: SUBJECT/PROPOSAL/REQUEST: Protection of Albemarle's Rural Areas Resources CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACnS): Tucker, Foley, Davis, Kamptner, Graham, Cilimberg, Benish, McDowell ATTACHMENTS: Yes REVIEWED BY: LEGAL REVIEW: Yes BACKGROUND: On September 13, 2006, the Board of Supervisors held a work session to discuss the Mountain Overlay District (MOD) Committee's recommendations for a three-part program to "protect the economic, cultural, and natural resources of Albemarle County's mountains." The Committee's report advised, "several aspects of the proposal, such as enhanced protection for critical slopes, might be appropriate for general application in the County's Rural Areas." The Board directed staff to investigate extending the protection measures recommended in the MOD framework to the rest of the Rural Areas and to schedule a joint meeting with the Planning Commission to review this report. A copy of the proposed MOD framework is attached as reference (Attachment A). The Board did not vote on the Mountain Overlay District Resolution of Intent. STRATEGIC PLAN: Goal 2: Protect the County's natural resources. DISCUSSION: The Proposal for Protection of Albemarle County's Mountain Resources recommended by the MOD Committee consists of what the Committee referred to as a "three-legged stool." This three-part program includes: a) a mountain ordinance framework that focuses on protection of the MOD environment; b) principles that would mandate and govern Rural Cluster Subdivisions; and (c) public acquisition of interests in land. The Committee stressed that all three "legs" would provide the comprehensive approach needed for protecting the lands in the Mountain Overlay District (Attachment A). As the Board requested, this work session is to review an assessment of applying the MOD recommendations throughout the Rural Areas. Staff's analysis of applying the MOD recommendations throughout the Rural Areas is available in Attachment B. The format for this review includes the actual MOD framework quoted from the individual components, applicable comprehensive plan policies, existing ordinance regulations. and a question/answer segment to discuss some of the issues. BUDGET IMPACT: When the Board has determined the direction regarding each of these regulations, staff will prepare a budget impact analysis. It is anticipated that additional staff resources would be required to process, inspect, and enforce many of these additional regulations. If the Board elects to do so, those additional costs may be recovered in permit fees. Additionally, it is anticipated that providing accurate surveys and detailed plans, as well as any additional permit fees, would increase upfront costs to builders. It is anticipated that all of the builder's costs would be passed on to the future homebuyers. While economic theory suggests these increased costs would constrain development activity in the Rural Areas, staff cannot speculate on whether the additional costs would have an appreciable effect on the rate of Rural Areas development. Attachment C AGENDA TITLE: Mountain Overlay District and Rural Areas Resource Protection Work Session December 13, 2006 Page 2 RECOMMENDATIONS: The purpose of this work session is to provide an opportunity for the Board and Planning Commission to give staff direction. Based on direction given at this work session, staff would develop both a Resolution of Intent and ordinance amendments to comply with the Board's direction. To be able to proceed with that effort, staff needs answers to the following questions: 1. Does the Board wish to proceed with any of the MOD Committee recommendations (Attachment B - Part A) and, if so, does the Board wish to limit all of these to a Mountain Overlay District or to expand this to include the entire Rural Areas? If the changes were applied to all Rural Areas property in the same manner, the need to create a Mountain Overlay District is eliminated while creation of the district would be important if any provisions were to be limited to that district. 2. If the Board decides to proceed with any of the proposed changes, which changes would they like brought forward? To assist the Board, the following list describes the possible changes discussed and provides staff's position. a. Critical Slopes. Staff believes applying the critical slopes provision over the entire Rural Areas would be effective at reducing development impacts and protecting natural resources. Staff believes this would provide some, but not all, of the natural resource protection anticipated with the previously considered subdivision phasing and clustering provisions. Staff believes limiting this provision to the MOD would also provide a benefit, but a much smaller one and would increase the complexity of plan reviews by creating two separate standards rather than simplifying with one standard. It should be recognized that this provision can reduce the ability of some properties to exercise all of their development rights, but would provide for at least one dwelling on the property as it currently exists. If applied to the entire Rural Areas rather than the MOD, the number of properties potentially affected would significantly increase. b. Erosion and Sediment Control Plan. Staff believes there is not sufficient benefit for reducing the disturbance area to 2,500 square feet for all building permits, as building permits for new Rural Areas' dwellings all fall within the current 10,000 square foot area threshold. Reducing the area to 2,500 square feet would expand coverage to construction such as additions to houses and garages, which staff considers to have much smaller impacts. If there is interest in pursuing the critical slopes provisions and/or verifying safe access, staff will need to stop allowing use of Agreements in-lieu of a Plan and require complete E&S Plans, which include existing topography and all proposed grading. Ending use of Agreements in-lieu of a Plan does not require any ordinance changes but will significantly increase the amount of work staff must do in both permit review and inspections. It would also increase the cost to applicants for building permits in the Rural Areas. c. Stream Buffers. Staff has previously indicated a 200' buffer width can be justified in the MOD, based on the increased sensitivity of those areas. Staff does not believe water resource protection can justify a 200' stream buffer for the entire Rural Areas. Staff believes including stream buffers for intermittent streams throughout the Rural Areas, as is currently done in the Water Supply Areas, is a justifiable protection of natural resources and consistent with the County's Strategic Plan Goal for enhanced protection of water resources. Including intermittent streams throughout the entire Rural Areas would potentially impact the ability of property owners to exercise all of their development rights, but provisions already in the Water Protection Ordinance allow at least some reasonable use of the property. d. Building Heights. Staff believes protection of ridges and crests provides benefit within the MOD, but there is little benefit in applying this to the entire Rural Areas. Within the MOD, it should be noted that the benefit of limiting building height with respect to the ridgeline has been challenged as having unanticipated impacts, such as encouraging building on the slope near the ridge, which potentially increases both the natural resource impact and visibility. Staff does not believe that Attachment C AGENDA TITLE: Mountain Overlay District and Rural Areas Resource Protection Work Session December 13, 2006 Page 3 application of building height restrictions in relation to ridgelines should be applied to the remainder of the Rural Areas. e. Safe Access. Staff believes this provision is already in the Zoning Ordinance, but the ordinance is not specific on what is required and difficult to enforce without seeing grading that demonstrates the requirement is being satisfied. As discussed with E&S Plans, assuring compliance with this provision would require the County to stop allowing Agreements in-lieu of a Plan for new dwellings in the Rural Areas. It should also be noted the Fire/Rescue Department has indicated that safe access is an issue throughout the County. Based on this, staff believes this must be uniformly applied across the entire Rural Areas. f. Waivers and Modifications. Waivers, modifications or variances are available in the Zoning Ordinance. The MOD framework provides clarification of the intent and offers administrative waivers, under certain conditions. To simplify process and assure consistent application, staff believes waivers and modifications should be kept administrative whenever possible and limited to that needed to allow at least some reasonable use of the property. g. Guidelines for Cluster Subdivision Ordinance. The existing regulations apply to both the MOD and the Rural Areas. Staff does not believe that the existing ordinance needs modification. h. Additional Protection for Mountain Resources. Staff believes additional protection measures for the Rural Areas can be explored, but completion of the current efforts should take priority over starting any new effort. ATTACHMENTS A-Proposal for Protection of Albemarle County's Mountain Resources B- Staff analysis of applying the MOD recommendations throughout the Rural Areas C-Discussion Points - Expanding the proposed MOD Stream Buffer provisions Countywide D-Zoning Ordinance Sections 4.2.5 Waivers and 4.2.6 Exemptions Attachment D COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Mountain Overlay District Rural Areas Resource Protection Joint Work Session AGENDA DATE: January 10, 2007 Joint Work Session ACTION: X INFORMATION: SUBJECT/PROPOSAL/REQUEST: Mountain Overlay District Proposal for Protection of Albemarle County's Mountain Resources CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes STAFF CONTACTCS): Tucker, Foley, Davis, Kamptner, Graham, Cilimberg, Benish, McDowell REVIEWED BY: LEGAL REVIEW: YES BACKGROUND: At its joint work session on December 13, 2006 with the Planning Commission, the Board of Supervisors continued its discussion begun at the work session on September 13, 2006, pertaining to the Mountain Overlay District (MOD) Committee's Proposal for Protection of Albemarle County's Mountain Resources (Attachment A). The Board discussion focused on the MOD Proposal in order to obtain a sense of the willingness of the Board and Commission to move forward on each of the MOD provisions. The Board also decided that it would take up the possibility of extending certain MOD provisions to the remainder of the Rural Areas after it concluded its discussion on the application of the provisions within the Mountain Protection Areas. Following the discussion, the Board requested that staff schedule another work session to provide a two-hour time period for the Board to conclude its discussion. The Board reached general consensus to move forward with revised ordinance provisions for the following: 1. Critical Slopes (restrictions for roads and driveways across critical slopes) 2. Erosion and Sediment Control Plan (require a Plan instead of an Agreement in-lieu, in order to obtain a grading plan) 3. Stream Buffers (200' wide stream buffers, in order to protect steam head waters) 4. Safe Access (ensure that safe access is provided to buildings) Some Board members did want it understood that while they were agreeing to move forward, they were not committing to vote favorably for any particular provisions as they had not yet seen the particular details. STRATEGIC PLAN: Goals 4: Effectively Manage the County's Growth and Development. Objective 4.2: By June 30, 2010, increase the protection of the County's rural areas by implementing the key strategies of the Rural Area Plan. DISCUSSION: The remaining provisions of the MOD proposal to be discussed on January 10 are as follows: 1. Height Restrictions (building heights below the crests of ridges) 2. Waiver or Modification (waivers available, if the purposes of the ordinance can be met; administrative or Planning Commission decisions should be discussed) 3. Guidelines for Incorporation into a Future Rural Cluster Subdivision Ordinance for the MOD (existing Rural Preservation Development standards would be applicable to the MOD) Attachment D AGENDA TITLE: Mountain Overlay District Rural Areas Resource Protection Joint Work Session January 10, 2007 Page 2 4. Additional Protection for Mountain Resources (conservation easements, property tax adjustments, Transfer of Development Rights) Also, if time permits, the Board will discuss the implications for extending certain MOD regulations throughout the remainder of the Rural Areas. The December 13th Board Executive Summary (Attachment B) provides information regarding extending the MOD provisions into the remainder of the Rural Areas. A Power Point presentation to illustrate the progression of a subdivision through the application process will be given by staff at the beginning of the work session in order to clarify some of the issues raised at both the September 13 and the December 13 work sessions. BUDGET IMPACT: After the Board has completed its review noted above and provided direction, staff will prepare a budget impact analysis to accompany the proposed ordinance amendments as they are deliberated. It is anticipated that additional staff resources would be required to process, inspect, and enforce many of these additional regulations. If the Board elects to do so, those additional costs may be recovered in permit fees. Additionally, it is anticipated that providing accurate surveys and detailed plans, as well as any additional permit fees, would increase upfront costs to builders. It is anticipated that all of the builders' costs would be passed on to the future homebuyers. While economic theory suggests these increased costs would constrain development activity in the Rural Areas, staff cannot speculate on whether the additional costs would have an appreciable effect on the rate of Rural Areas development. RECOMMENDATIONS: On September 13, 2006, staff recommended that the Board adopt a Resolution of Intent for the Mountain Overlay District based on the recommendations in the Comprehensive Plan and the recommendation of the MOD Committee (Attachment C). Staff continues to support proceeding with Mountain Overlay District provisions and recommends that the Board complete review of the provisions of the MOD proposal. Furthermore, staff requests that the Board consider extending certain MOD regulations throughout the Rural Area as discussed in the December 13th Executive Summary (Attachment B). Based on direction given at the January 10,2007, work session, staff will develop the necessary Resolutions of Intent that comply with the Board's direction and bring those to the Board for adoption at a subsequent meeting. ATTACHMENTS A Mountain Overlay District Committee recommended Proposal for Protection of Albemarle County's Mountain Resources B Executive Summary, Board of Supervisor's December 13, 2006, Joint Work Session with the Planning Commission C Resolution of Intent for the Mountain Overlay District Attachment E ..s~Watch P.O. Box 181 Ivy, VA 22945 www.streamwatch.org (4::\4\ 92::\-Rfl42 April 5, 2007 Joan McDowell Albemarle County Planning Department 401 Mcintire Road Charlottesville, VA 22902 Community Partners Dear Ms. McDowell, Fluvanna County It is my understanding that Albemarle is seeking advice from StreamWatch regarding stream buffering. StreamWatch is a partnership of the entities listed in the margin, and our mission is to provide data and information about local stream conditions and the factors driving those conditions. StreamWatch does not typically give management recommendations. However, when the science is clear, and if all StreamWatch partners are in agreement, we can participate in management discussions upon request. This is such a case. Albemarle County The Nature Conservancy Rivanna Conservation Society Director StreamWatch has not performed a study of buffer effectiveness in Albemarle, and we do not believe such a study is needed in order for the County to make a well-informed decision about improving buffer protection. Buffering is perhaps the most intensively scrutinized aspect of stream management. Literally hundreds of peer-reviewed studies document the importance and effectiveness of buffers. Though this letter is not a comprehensive academic-style review of the literature, I, a number of StreamWatch technical advisors, and a number of StreamWatch steering committee members are sufficiently familiar with the literature to give us strong confidence in the comments that follow. The statements we make in this letter are supported by several representative papers and publications, including the Chesapeake Bay Riparian Handbook and an exhaustive review of buffer studies conducted by the University of Georgia's Institute of Ecology. (Please see the list of references below). Rivanna Water and Sewer Authority Thomas Jefferson Planning District Commission Thomas Jefferson Soil and Water Conservation District John Murphy Proaram Manaaer A buffer, as you know, is a vegetated strip alongside the stream. The streamside zone, also called the riparian zone, exercises very strong controls over stream conditions. Our region's natural vegetative condition is forest. Riparian forests serve to stabilize stream banks, control stream temperature, supply food (tree leaves) to aquatic organisms, facilitate reproduction for aquatic organisms that need forest habitat to complete their lifecycles, and filter runoff. Since local stream ecosystems are by nature"geared" to forested riparian zones, streams inevitably degrade when the forest is removed. Rose Brown We base our recommendations on the assumption that Albemarle's goal is to protect water quality and stream health throughout the County. We use the term water quality to refer to the physiochemical quality of stream water, where "better water" means water that carries fewer human-generated toxic, nutrient, and sediment pollutants and is less burdened by human-caused temperature increase than "poorer water." We use the term stream health to refer to the ecological robustness of the stream, where "better health" connotes better water quality, better habitat, and richer biological diversity than "poorer health". Water Attachment E quality and stream health are interdependent. For instance, streams with poor biological diversity almost invariably have poor water quality. Our recommendations are as follows: 1) Extend buffer protection to intermittent streams throuqhout the County. (Presently, intermittent streams are protected only in drinking water supply areas). The protection of intermittent streams confers enormous water quality and stream health benefits to the entire stream system-not simply the intermittent streams themselves. Intermittent streams constitute the majority of stream miles in the stream network. Research shows that during stormflow, these streams can contribute large volumes of sediment and other pollutants to the system. Generally, the goal of good water quality and stream health cannot be met if intermittent streams are unprotected. Most research indicates that a 100-foot buffer on either side of the stream is usually sufficient for water quality and stream health protection in non-hilly areas. 2) Increase buffer widths on slopinq land. and in hillv and mountainous areas. As slope and runoff water velocity increase, buffer widths need to be increased. Formulae are available for calculating ideal buffer widths on sloping land. Minimally, a 200-foot buffer may provide an acceptable level of protection in most hilly settings, but on very steep land, buffers may need to be extended beyond 200 feet. Much research suggests that the target width of the buffer should not include land with greater than 25 percent slope. In other words, steeply sloping land does not provide buffering service, and these steep slopes should be subtracted when calculating the functioning width of the buffer. 3) Promote livestock exclusion. When given direct access to the riparian corridor, cattle and other livestock profoundly affect water quality and stream health. They do this by: a) consuming buffer vegetation (thus diminishing the vegetation's effectiveness as a pollution filter). b) destabilizing stream banks, leading to erosion and sediment pollution. c) wallowing in the stream and damaging stream habitat. d) introducing excessive nutrient pollution by defecating in and near streams. Livestock can undo most of the gains achieved by buffers, and a strategy that does not exclude livestock from the buffer will fail to meet many stream protection objectives. 4) Promote native forest in the buffer. Currently, a large portion of buffers in Albemarle is unforested, even in water supply areas. Grass buffers can help protect water quality by filtering runoff. But the natural condition of the Albemarle landscape is forest, and local stream ecosystems are adapted to this forested condition. Thus, buffers composed of native forest are essential for achieving overall stream health. Riparian forests maintain stream health by: a) stabilizing stream banks with tree roots, thereby reducing erosion and associated sediment loading. b) supplying essential food (i.e. the leaves of deciduous trees) for invertebrates. These invertebrates, in turn, support fish and other higher organisms. c) serving as essential habitat for the aquatic invertebrates that need forested terrestrial habitat to complete their life cycles. Again, higher organisms depend on these invertebrates. d) providing complex habitat for fish and other organisms in the form of woody debris (fallen trunks and limbs). e) maintaining stream water temperature within the natural range of variation to which native organisms are evolutionarily adapted. 2 Attachment E Buffers are not bullet-proof. Water quality and stream health are functions of conditions throughout the entirety of a stream's watershed, and are also profoundly affected by flow alteration (e.g. impoundments and withdrawals for water supply; high stormflows caused by impervious surfaces). Effective watershed management incorporates many tools. Buffering is essential among these, and though buffers cannot solve all problems in all settings, the great majority of Albemarle streams would benefit tremendously if protected with a continuous, adequately-sized buffer of intact native forest. On behalf of the StreamWatch partnership, I thank you for inviting these comments. Sincerely, rL '7)~!J John Murphy, Director StreamWatch List of References: Allan, JD, Erickson, DL and Fay, J. 1997. The Influence of Catchment Land Use on Stream Integrity Across Multiple Spatial Scales. Freshwater Biology 37: 149-161. Correll, DL. 2003. Vegetated Stream Riparian Zones: Their Effects on Stream Nutrients, Sediments, and Toxic Substances. An annotated and indexed bibliography of the world literature, including buffer strips and interactions with hyporheic zones and floodplains. Thirteenth Edition, April 2003. Correll, DL. 2005. Principles of Planning and Establishment of Buffer Zones. Ecological Engineering. 24(5): 433-439. Wenger, S. 1999. A Review of the Scientific Literature on Riparian Buffer Width, Extent, and Vegetation. Revised Version, March 5, 1999. Office of Public Service & Outreach, Institute of Ecology, University of Georgia. Palone, RS, Todd, AH (editors). 1997. Chesapeake Bay riparian handbook: a guide for establishing and maintaining riparian forest buffers. Revised June 1998. USDA Forest Service. NA-TP-02-97. Radnor, PA. Schueler, TR. 2003. Impacts of Impervious Cover on Aquatic Systems. Center for Watershed Protection. Ellicott City, MD. 3 Attachment F Thomas Jefferson Water Resources Advisory Committee A technical advisory committee under the joint sponsorship of the Thomas Jefferson Soil and Water Conservation District and Thomas Jefferson Planning District Commission Patrick Calvert (Chair), Charlottesville Bruce Dotson, Albemarle Edgar Imhoff, Albemarle Michael Lawson, Fluvanna William Norris, Charlottesville Andy Wilson, Fluvanna Nick Evans, TJSWCD Nancy O'Brien, TJPDC Alyson Sappington, TJSWCD Nancy Damon, TJPDC Sediment Sources and Mitigation Strategies, South Fork Rivanna Reservoir Watershed: Analysis and Recommendations June 5, 2001 This report was assembled in response to a request for technical assistance from the Albemarle County Engineering Department dated August 10, 2000 (attached). Backaround The South Fork Rivanna Reservoir (SFRR) is an instream reservoir furnishing a substantial portion of the raw water supply to the Charlottesville and Albemarle County, Virginia Urban Service area. The rapid rate of sedimentation of this reservoir is prompting water planners to search for ways to secure a reliable future water supply. Present water demand is expected to exceed the safe yield of the water supply system by the year 2002. By the year 2050, the forecasted demand of a projected population of 110,000 will be twice what existing facilities could supply during critical periods of drought. A key factor in this mismatch in water supply/demand is the steady loss of capacity in SFRR, which is losing usable storage at the rate of 1.4% per year due to deposition of sediment on the bottom of the reservoir. The declining capacity of the reservoir due to sedimentation has long been recognized. For many years, Albemarle County has restricted residential and industrial development within the reservoir watershed so as to minimize runoff of sediment and other pollutants. At the same time, the County has worked in partnership with the Thomas Jefferson Soil & Water Conservation District and the Virginia Department of Forestry to promote agricultural and forestry practices within the watershed that minimize pollutant runoff. It is not clear to what extent these efforts have reduced the rate at which sediment has accumulated in the reservoir, but all indications are that sedimentation continues to be a significant problem. Water supply planners (VHB, 2000; 2001) are presently studying a variety of alternatives with which to meet the projected future water demand. Among these are alternatives that would restore SFRR's capacity, by dredging and removing sediment from the reservoir, and/or by installing a 4- or 8-foot bladder on top of the SFRR dam to raise the pool and create new "top storage." Other alternatives such as constructing a new reservoir on Buck Mountain Creek, and pumping recycled waste water from the Moores Creek treatment plant to the upper Mechums River, are contingent upon continued use of existing or expanded intakes and treatment facilities at the SFRR dam. It seems clear that whatever course of action is ultimately chosen in the water supply planning process, SFRR will continue to be an integral component of the supply system for the foreseeable future, and there will be an ongoing need to deal with the sedimentation issue. Previous Work: What Is Known About Sedimentation of the Reservoir? South Fork Rivanna Reservoir (SFRR) is an elongate, shallow body of water, completed in 1966 to receive runoff from a watershed area of 261 square miles. With an area of less than one square mile, the reservoir is very small relative to the size of the watershed that drains into it. Five distinct sub-watersheds are recognized. Ranked by land size and mean streamflow, these are: Mechums River, Moormans River, Buck Mountain Creek, Ivy Creek, and lands riparian to SFRR. In terms of the estimated sediment load each contributes to SFRR, however, the rank of the subwatersheds shifts to the following: Mechums, Moormans, Ivy Creek, and a virtual tie between riparian lands and Buck Mountain Creek. Over the years since the reservoir was constructed, as concern has mounted about decline in usable capacity, several studies and bathymetric surveys have been conducted to investigate the origin, transport to, and deposition of sediment within the reservoir (Glasbey, 1981; Black and Veatch, 1994; Sobeck, 1999). Although the results of the various studies and surveys differ quantitatively, there is general agreement that the rate of sediment yield is higher from pastureland than from forest, and higher from developed areas, for example, Ivy Creek, than from either of these. Glaspey (1981) and Black and Veatch (1994) derived similar results for predicted sediment yield, and the predicted yields correlate fairly well with bathymetric measurements of sediment thickness on the bottom of SFRR. Sobeck, (1999) applies a sediment transport model and concludes that common annual peak flows in the Mechums River-and not rare and major storm events, scour out and transport sand particles already resident in geologic formations in the bed and banks of river, contributing half the overall sediment load to the SFRR. While the previous studies provide a basis for beginning to understand the sedimentation problem, in some respects they raise as many questions as they answer. Further geologic investigations are essential, for example, to clarify Sobeck's (1999) conclusions, to the extent that his modeling and analysis did not consider the role of silt-and clay-size sediment. According to Glaspey (1981), clay is the dominant sediment in SFRR. The research of Hjulstrom (1939) demonstrated that erosion of clay requires the kind of energy which great storms generate. Importantly, all investigators report a paucity of information on stream flow and sediment transport at exceptionally high flows, e.g., during the several hurricanes which have visited the area since 1966. This is critical, for lacking actual measurements at the upper end of rating curves, the correlation of watershed sediment yield to sediment deposited in the reservoir has been obtained largely by extrapolation from other watersheds and by drawing rating curves to obtain a "best fit." None of the previous studies have included mineralogical and petrologic analyses that could trace reservoir sediment to geologic sources in the watershed. Further, a search of files, reports and publications reveals no determination of trapping efficiency of the SFRR, and it appears that currently available data are insufficient to enable this to be readily determined. Sianificance of Adeauate Information In Water Supply Plannina: The feasibility of reducing the sedimentation of SFRR, through either engineering or non structural means, rests on identifying the sources of sediment. What part is derived from overland flow? If significant in amount, is the overland contribution attributable to a particular geologic formation, or land use/management practice? What part of the sediment in SFRR derives as wash load or bank cuttings from floodplains? If mineralogical analyses prove, as Sobeck asserts, that sand already resident in the Mechums streambed is the major contributor of sediment to SFRR, planners might focus more on engineering solutions, such as sediment traps in-channel. If the investigation indicates that a high volume of sand and silt is being scoured from the floodplain, it would be appropriate to focus remediation on land use, land management and soil conservation practices within the floodplain. It is noteworthy that the Mechums River flows through well-developed floodplain scroll along an 8-mile reach extending from near Batesville downstream to just east of Lake Albemarle, and this appears to be the locus of considerable stream bank erosion and sloughing. Confirmation of severe bank cutting would lend support to bank stabilization measures. If it is found that major storms mobilize clays, and that clays-not sand and silt, are the major culprits in sedimentation of SFRR, then remediation might focus on reducing erosion in upland areas of the Mechums watershed, which are underlain by clay-rich soils. If clays do play a significant role, it might be appropriate to investigate the feasibility of constructing an outlet in the SFRR dam to enable sluicing of fine-grained suspended sediment through the reservoir during and following major floods. A Model for Further Research: Accepting the conclusions of earlier workers that the bulk of the sediment load in SFRR comes from Mechums River and Ivy Creek drainages, further research should address the following questions: What proportion of the sediment load in the SFRR is derived by erosion of the wetted perimeter of the main stem & tributary channels, as opposed to overland sheet erosion & transport across the riparian zone? What proportion of the sediment load is derived from main stem as opposed to upper tributary areas of the watershed? Of the sediment load derived from within channel erosion, what proportion represents remobilization of alluvial material bordering the stream channels? What is the role of the extensive floodplain of the Mechums River in contributing sediment to SFRR? The large volume of sediment contained in the floodplain-if eroded and transported-would seem to offer a continuing supply of material for filling SFRR. Is there a significant contribution of sediment load from erosion of solid bedrock formations in stream channels or elsewhere, as opposed to erosion of unconsolidated surficial geologic deposits? What is the role of extreme weather events in mobilization & transport of sediment in different parts of the basin system? What proportion of the overall sediment load in SFRR is brought in during rare extreme events? Research elements Geologic mapping: · Map the distribution of alluvial and other surficial deposits. · Determine the linear extent of stream channel bordered by alluvial deposits. · Compile existing mapping of bedrock geologic formations. Core drilling: · Obtain representative core samples from soils and saprolite over different bedrock types, outside of the riparian zone · Obtain core samples representative of alluvial deposits throughout the Mechums River basin. · Obtain core samples from SFRR and from the Lickinghole Creek, Beaver Creek and Lake Albemarle impoundments. Erosion susceptibility mapping: · Using a standard testing methodology, measure erodibility of soil/saprolite profiles associated with representative geologic, slope and land cover regimes within the watershed. · Create erosion susceptibility map on the basis of empirical data on erodibility, and soils, geology geologic and land cover mapping. · Compare derived erodibility factors with published indices of erodibility, in order to develop correlations and allow extrapolation to other areas. Determine the role of major storm events in sediment transport: · Measure turbidity, suspended load, and bed load within the SFRR basin during bank-full weather event(s). · Data points should include stations in the lower, middle & upper main stem Mechums River plus second & third order tributaries. · In addition, measurements should be performed immediately below the SFRR dam. Monitoring: · Establish a network of graduated stakes to be used to directly measure over time, the erosion rates of stream channels, stream banks, riparian zones, alluvial flood plains, and basin uplands. · Monitoring sites should be selected to reflect a representative variety of geology, slope and land cover. Analysis: . Use mineralogical data from cores to track provenance of sediment, and, in consideration of erosion susceptibility mapping, delineate areas of the watershed that are potentially the greatest contributors of mobilized sediment. Use monitoring data to refine erosion susceptibility mapping, and to evaluate the effectiveness of sediment mitigation strategies. Evaluate sediment transport data in order to determine the trapping efficiency of reservoir. Use this information in determining the utility of installing a sluice at . . the SFRR dam to allow flushing of suspended load during and following major wet weather events. Economics of Sediment Containment Strateaies Ultimately, it is going to be necessary to assess sediment containment strategies in terms of relative costs and benefits. Planners will need to examine various approaches (riparian buffers, steam bank stabilization, flood plain management, forebays, etc) , not only within the context of information produced by the above study, but also in the context of other alternatives that have been proposed to address future water supply needs. In order to perform such an evaluation, it will be desirable to attempt cost and benefit analysis of each strategy. Because of the difficulties in measuring downstream environmental benefits, calculation of traditional benefit/cost ratios and internal rates of return is not feasible. One approach that could be used would be to rank and compare the alternative sediment mitigation strategies on the basis of cubic yard of contained sediment per dollar expenditure. Cubic yards of sediment can then be converted to gallons of reservoir water gained per dollar expenditure. Sediment Another factor that weighs into the downstream benefits that accompany reduced sediment load is the cost of water treatment at the SFRR intake and treatment facility. Foster and others (1987) found that a 10% reduction in annual gross soil erosion resulted in a 4% reduction in annual water treatment costs. Practical Focus of the Proposal: In order to secure funding, it is important that a research proposal to address the sedimentation issue have a practical focus aimed at producing usable information in a timely fashion. The research outlined above could be carried out in concert with field testing of actual mitigation strategies. For example, sediment contribution rates could be measured for vegetated riparian buffers of various compositions widths, and for different land covers on alluvial flood plains. This would provide information of immediate and practical use to land and water planners and managers. In identifying specific sources of sediment deposited in the SFRR-and evaluating the relative importance of these various sources, the program will enable planners to apply land management and conservation measures the most cost effective manner. The proposed study has the potential to contribute workable tools with which to manage the sedimentation problem, both within the SFRR watershed and beyond. Although the study would focus on a small portion of the Virginia Piedmont, the information developed will have high transfer value to many other local and regional watersheds. Sedimentation is a prime water quality concern for the entire Chesapeake Bay watershed and, more broadly, throughout the Piedmont of the southeastern US. Framework for carrvina out the proposed research: The proposed research involves gathering and analyzing technical data having to do with geology and hydrology, in conjunction with installing and monitoring pilot mitigation practices. There are activities where considerable technical sophistication will be required, and other activities that could be carried out by relatively untrained individuals. While some research elements may produce useful information within a relatively short time period, some activities, such as erosion monitoring and assessing the effectiveness of sediment mitigation practices, will need to be carried out over periods of years. Outside funding sources should be sought, but long term commitment of local resources will be essential in order for the project to succeed. It seems appropriate that an existing local institutional entity, or partnership of local entities, serve as umbrella to orchestrate the project. The umbrella organization(s) would secure funding and manage the project, bringing in technical expertise and manpower as indicated from local, State and Federal government agencies, private sector consultants, and citizen groups. Existing institutional entities that could logically provide project oversight include: Rivanna Water and Sewer Authority Albemarle County Engineering Department Thomas Jefferson Soil & Water Conservation District. Biblioaraohv: Black & Veatch (May, 1994), "Bathymetric Survey and Safe Yield of South Rivanna Reservoir," Interim memorandum prepared for Rivanna Water & Sewer Authority, Charlottesville, VA Chesapeake Bay Riparian Handbook: A guide for Establishing and Maintaining Riparian Forest Buffers. Eds.: Roxane S. Palone and Albert H. Todd. USDA< Forest Service. May, 1997. Clary, W. et al.,compilers. 1992 Proceedings--Symposium on Ecology and Management of Riparian Shrub. (or Ecology and Management of Riparian Shrub Communities Symposium Proceedings. USDA Forest Service. Commonwealth of Virginia. 2000. Tributary Strategy: Goals for Nutrient and Sediment Reduction in the James River. Virginia Secretary of Natural Resources. Richmond, Virginia. Foster, D. Lynn, and others, 1987. Soil erosion and water treatment costs: Journal of Soil and Water Conservation, 42(5), p349-352. Glaspey, RG. (1981), "A Sediment Budget of the South Fork Rivanna River." Unpublished thesis, Dept. of Civil Engineering, University of Virginia. Hjutstrom, F. (1939), "Transportation of detritus by running water," Am. Assoc. Petrol. Geol., Tulsa, Oklahoma. rdata oublished in Krumbein. W.C. and Sloss. L.L. (1951). "Stratiaraohv and Sedimentation," W.H. Freeman, San Francisco.] King, Dennis M., et.al. 1997. Setting Priorities for Riparian Buffers: A Practical Framework for Comparing the Benefits and Costs of Vegetative Buffers. Environment Projection Agency Study. Lawrence, RR, et. al. Riparian forests as nutrient filters i agricultural watersheds. BioScience 34:374-377. Makuch, J. 1995. Quick Bibliographies: Nonpoint-Source Pollution Issues. Alternative Farming Systems Information Center. National Agricultural Library. Beltsville, Maryland. 51p. Makuch, J. 1995. Quick Bibliographies: Riparian Zones and Filter strips in Agricultural Operations. Alternative Farming Systems Information Center. National Agricultural Library. Beltsville, Maryland. 44p. Riparian Forest Buffer Panel Report: Technical Support Document. Riparian Forest Buffer Panel Technical Team. EPA October 1996. Schultz, R.C. 1993. Demonstration and evaluation of a sustainable multi-species riparian buffer strip as a non-point source best management practice. Unpublished Report. forestry Department, Iowa State University, Ames, Iowa. 155 p. Sobeck, R.G., Jr. (1999), "Modeling the Source, Fate, and Transport of Watershed Sediments with Application to the South Fork Rivanna River." Unpublished thesis, Engineering and Applied Science, University of Virginia. Vanasse Hangen Brustin (VHB), Inc. and O'Brien & Gere Engineers, Inc. (Feb, 2000), "Analysis of Alternatives, Water Supply Project, Rivanna Water & Sewer Authority." Charlottesville, VA Attachment G 1 RESOLUTION OF INTENT WHEREAS, the purposes of Section 4.2, Critical Slopes, of the Zoning Ordinance are to direct development away from critical slopes to more suitable terrain in order to protect and conserve critical slopes, public drinking water supplies and flood plain areas, and to reduce soil erosion, sedimentation, water pollution and septic disposal problems associated with the disturbance of critical slopes; and WHEREAS, Section 4.2 establishes minimum requirements for the location of improvements and delineates several exemptions, including an exemption in Section 4.2.6 for accessways (driveways and roads) where no reasonable alternative location or alignment exists; and WHEREAS, Section 4.2.5 allows modifications and waivers to be granted from the critical slopes requirements under prescribed circumstances, subject to reasonable conditions designed to mitigate the adverse impacts otherwise resulting from the disturbance of critical slopes; and WHEREAS, in order to better achieve the purposes of Section 4.2, it is desired to allow the disturbance of critical slopes to establish an accessway only if the landowner obtains a modification or waiver, with reasonable conditions, rather than an exemption. NOW, THEREFORE, BE IT RESOL VED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Albemarle County Planning Commission hereby adopts a resolution of intent to amend Section 4 and any other regulations of the Zoning Ordinance as described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date. ***** 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, Virginia, by a vote of _ to _, as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Aye Nay Mr. Boyd Mr. Dorrier Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant Attachment G2 RESOLUTION OF INTENT WHEREAS, although the Zoning Ordinance requires safe and convenient access for developments subject to a site plan (Section 32) and parking lots (Section 4.12), and the Subdivision Ordinance imposes minimum design standards for public and private streets to allow safe travel, there are no such minimum standards for driveways to residences in the Rural Areas zoning district; and WHEREAS, in order to better protect the public safety, it is desired to require that driveways in the Rural Areas zoning district be designed and constructed to assure that fire and rescue vehicles can safely access a residence. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Albemarle County Planning Commission hereby adopts a resolution of intent to amend Section 4 and any other regulations of the Zoning Ordinance as described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date. ***** 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, Virginia, by a vote of _ to _, as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Ave Nay Mr. Boyd Mr. Domer Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant Attachment G3 RESOLUTION OF INTENT WHEREAS, one of the key purposes of the family subdivision regulations is to promote the cohesiveness of the family; and WHEREAS, the Rural Areas Plan (the "Plan") was adopted by the Board of Supervisors as part of the Albemarle County Comprehensive Plan on March 2,2005, and it states that one way to discourage the transfer oflots created by a family subdivision to someone who is not a member of the immediate family is to increase the period the parcel to be subdivided must be owned by the family member before it may be subdivided, and to increase the period each family subdivision lot must be owned by the grantee of a lot created by a family subdivision before it may be transferred to someone who is not a member of the immediate family; and WHEREAS, Albemarle County Code S 14-212 requires that the grantee ofa lot created by a family subdivision not transfer the lot to someone who is not a member of the immediate family for two years from the date of recordation of the plat; and WHEREAS, in order to better promote the purposes of the family subdivision regulations and to discourage their abuse, it is desired to amend the Subdivision Ordinance to establish a period by which a landowner must own a parcel before it may be subdivided by family subdivision, to extend the period prohibiting the transfer of a lot created by family subdivision to someone who is not a member of the immediate family beyond the current two-year period, and to adopt such other regulations to assure that these requirements are satisfied. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good land development practices, the Board of Supervisors hereby adopts a resolution of intent to amend Albemarle County Code S 14-212 and any other regulations of the Subdivision Ordinance deemed appropriate to achieve the purposes described herein. BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the subdivision text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date. ***** 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, Virginia, by a vote of _ to _, as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Aye Nay Mr. Boyd Mr. Domer Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant J/e...J."-zQUIII ALBENlARLE COUNTY To: Board of Supervisors From: Dan Eggleston, Fire Rescue Chief Date: April 25, 2007 Subject: City County Fire Rescue Consolidation Study Overview Copy: Bob Tucker, Bryan Elliott, Tom Foley The Matrix Consulting Group completed the City/County fire rescue consolidation study and published their final report. Attached you will find the report's executive summary, key findings, and recommendations along with a CD that contains the complete report. Representatives of the Consulting Group are available to meet with the Board and discuss the report results if desired. The most significant findings of the consultant's analysis are listed below: · Consolidation of the two Departments would offer minimal opportunities to reduce staff levels and would, in fact, result in an additional expenditure of public funds totaling $515,000 in the first year of operation of the combined Department due primarily to Matrix's recommendation that the City's pay/classification and fringe benefit system be utilized by the new organization. · There are significant differences in employee benefit costs between the City and County that would require resolution under a consolidated department. If the Departments were to consolidate, the report recommends the adoption of the higher benefit costs of the City. · Due to the requirements of the Fair Labor Standards Act (FLSA), the County's successful partnership with its volunteer firefighting stations would be significantly modified in a combined operation. Currently, approximately 30 percent of our 440 member volunteer contingent is comprised of existing City firefighters. Under FLSA, these existing volunteers would have to be paid overtime to continue to serve at our County stations. This additional overtime expenditure contributes to the additional investment of public funds noted above. · The fire station location analysis supports the construction of County Fire Rescue stations in the Ivy and Pantops areas and the relocation of the Charlottesville fire station # 10 to Route 29 and Fontaine Avenue. · With an exception of the planned station for Fontaine and Route 29, the analysis of the current and proposed fire station locations in the City and the urban development area in the County surrounding the City did not identify any opportunities for the consolidation of City and County fire stations and the fire/EMS personnel that staff the stations. The City and County should consider joint construction and operation of the planned station for Fontaine and Route 29. " We will provide the highest quality services to protect and preserve the lives, property, and environment of our community. " lIe..lIlI.--S~IfI. ALBEIIIIARLE COUNTY · Albemarle County Fire Rescue, Charlottesville Albemarle Rescue Squad, and the City Fire Department and associated Medical Directors should set up an EMS steering committee by which the agencies can interact formally. The committee should be responsible for discussing EMS problems, analyzing operations and developing solutions. · The City and County should revisit the Fire Services Agreement to reflect existinglfuture needs of both jurisdictions for mutual aid fire/rescue support prior to the expiration of the existing agreement in 2010. " We will provide the highest quality services to protect and preserve the lives, property, and environment of our community. " County of Albemarle Department of Community Development Memorandum To: From: Division: Ella Carey, Clerk, Board of Supervisors Greg Cooley, Roads Engineer Inspections April 17, 2007 Board Agenda - May 2, 2007 Road Resolution for Oak Hill and Logan's Run Date: Subject: Attached is the original of Additions Form AM-4.3 for the following roads in Oak Hill and Logan's Run Oak Hill · Maymont Drive (State Route 1291) · Maymont Court (State Route 1292) Logan's Run . Moriah Way (State Route 1053) We would like to have this included on the Board's May 2,2007 agenda so that a resolution can be adopted requesting VDoT add these roads into the secondary system of state highways. If additional information is needed, please do not hesitate to contact me. Attachments 1U.<.-v'd 3'~~ '01 ~ 1:00 Little IZeswick School Incorporated A Therapeutic, Special Education Boarding School for Boys March 22, 2007 Ms. Ella Carey Board of Supervisors Albemarle County 401 McIntire Road Charlottesville, VA 22901 Dear Ms. Carey, Please consider moving our hearing date to May 9, 2007 as we are in danger of losing our contractor. The mistake by our architect, Robert Gariepy, added 500 square feet due to a size requirement of rooms by our licensing agency not reflected in the original meeting. The building came in slightly larger than was approved. Delaying our contractor and missing the spring and summer building environment for a miscalculation should be considered. It will make a significant difference to this project for the benefit of boys in our population. We sincerely appreciate you utmost attentiveness in this matter and look forward to your considerate response. Sincerely, ~~..~ C^.LJ'J~~ Robert A. Wilson President P.O. Box 24 · Keswick, VA 22947 · (434) 295-0457. Fax: (434) 977-1892 . www.littlekeswickschoo1.nct Attai'hmf"nt R I Growth Management GOAL: Protect and efficiently utilize County resources by: A. Emphasizing the importance of frotecting the elements that define the Rural Area: 1) Agricultural and forestry resources 2) Forestrv resources 3) Land oreservation 4) Land conservation 5) Water supply resources 6) Natural resources 7) Scenic resources 8) Historical, archaeolol!ical, and cultural resources 9) limited service delivery Of these, the protection of agricultural and forestry resources is the highest priority. B. Promoting the Development Areas as the place where a variety ofland uses, facilities, and services exist and are planned to support the County's future growth, with emphasis placed on infill development. Introduction (As Amended July 10, 2002) The County's primary growth management goal directs development into designated areas and conserves the balance of the County for rural areas and resource protection. Resource protection is the basic theme behind the County's growth management approach. +e Ithis ongoing theme are added neVi emphases is comolemented bv an emohasis on intelligent use of Development Areas, public facilities and resources. Thus, planning efforts aim to channel growth into designated areas to facilitate economical service delivery in those areas, to promote a sense of neighborhood-style development as the preferred design in those areas, and to conserve the Rural Areas. Planning efforts also focus on means to discourage development in the Rural Areas and support activities consistent with the character of the Rural Areas. This is accomplished through education, incentives, and voluntary and regulatory measures. .^...gricultural and forestal resources ha'/e been identified as the most critical County resources and the desired primary land use in the Rural Area. Such uses play an important and long standing role in the environment, heritage, and economy of the County. These measures should focus Of! orotectinl! the "defininl! orincioles" of the Rural Areas listed in the Guidinl! Princioles of the Rural Areas Plan. Residential develooment is inconsistent with the orotection ofthose defininl! orincioles and should be orevented where oossible. Limited service deliverv- orevention of oublic water and sewer connections. and orovision of oublic services at a 1 rural rather than urban scale-is a key volicv for limitin!2: the votential for rural residential develovment. Where develovment cannot be avoided. its imvacts should be reduced throu!2:h imvroved desi!m reauirements. Loss of these resources to development is irreversible and irreplaceable. Maintenance of these resources also provides an opportunity to conserve and efficiently use other resources such as: (1) water resources ('Nith use of property conservation techniques); (2) natural, scenic, and historic resources 'Nith the maintenance of pasture land, farmland, and forested areas; and, (3) fiscal resources by limiting de'lelopment and lessening the need to provide public services to wide areas of the County. In the interest of this grovlth management strategy, residential development is considered a secondary use in the Rural ,\reas. It is important that this and future Comprehensive Plans make adjustments that can influence development patterns to better meet the growth management goals. Such adjustments can include more active County support of Development Areas development, adjustments to location and/or holding capacity, and additional protective or support measures for the Rural Areas. This plan emphasizes the County's role in providing necessary new and amended ordinances, regulations, support services and infrastructure for development, and more efficient use of Development Areas, including more urban and pedestrian oriented development styles. It must be recognized that the desired increased densities in the Development Areas will also require an increased commitment by the County for public infrastructure improvements. 2 !A.ttachment c I Community Facilities Plan (As amended September 1, 2004) INTRODUCTION Community facilities provide a location for necessary and desired services for County residents and are important components in supporting and enhancing the quality oflife in Albemarle County. The facilities covered within this plan include police, fire and rescue protection services, schools, libraries, parks and recreation, government administration services, and solid waste facilities. Highway and transportation facilities and sewer and water utilities are not covered in this plan. Separate planning processes are already in place for these facilities. The provision of community facilities can influence where and when development will occur; therefore, they are important tools for managing growth. The importance of the provision of public services and facilities is recognized within the growth rnaBagemeat goal for the CoUHty in the Facilities Planning section of this Plan:: "Emohasis is olaced on nroviding a level ofoublic service deliverv that will suooort develooment in. and direct develooment to. designated Develooment Areas. To accomolish this. service and facilities will be orovided at a much higher level in the Develooment Areas than in the Rural Areas. Those oersons living in the Rural Areas should not anticioate levels of oublic service deliverv equal to services nrovided in the Develooment Areas." within the growth maoogement goal for the Cotmty: Protect aBd effieieatly utilize COliBty reSOlli'ces by: A. ErnphasiziRg the importance of protectiBg the elements that the define the Rlli'al :Areaf 1) Agrieliltural aBd forestry reSOlli'ees 2) 'Vater supply reSOlli'ees 3) Natw'al reSOlli'ees 1) SeeBie resoW'ees 5) Historie and cultw'al reSOlli'ces 6) Limited ser\'iee deli'ief)' [emphasis added] B. DesignatiBg De'ielopmeat "^.reas ',yhere a variety efland uses, faeilities, aBd services are planned to support the County's futHre grO\\th, with emphasis plaeed on iBfill developmeat. Community facilities are provided to residents in the County in a number of different ways. Some facilities/services are provided entirely by the County (schools, police), some are volunteer stations, while others are a combination of County and volunteer (fire). Some are regional in scope (libraries), while still others are provided jointly by the County and City (solid waste disposal facilities). In the case of Parks and Recreation facilities, separate facilities are provided by the City and County, but are made available for use by all residents in the entire area, including outlying Counties. Some park facilities are also provided jointly by the City and County (Darden Towe Park and Ivy Creek Natural Park). Because of the high cost involved in providing community facilities and the potential impact to the County's growth pattern, it is important to have a comprehensive and systematic planning process. This process should promote an efficient provision of services and facilities that is consistent with current needs and with the goals of the Comprehensive Plan for future development. This plan will serve as a framework for community facility development decisions. It will permit a better evaluation of service and facility performance and needs, and a more objective review of competing demands for new and expanded facilities so that the resources are used in areas of highest need. It is to be used to assist agency administrators and elected officials in determining the capital project needs and priorities, and timing for facility development. It establishes what the County determines to be the adequate level of service for community facilities. "Level of service" defines what County residents consider as necessary and desirable. To do this, service objectives and standards for provision of facilities are established. This Plan is an element of the County's Comprehensive Plan and, like the Comprehensive Plan, will be reviewed on a regular basis. The County's Comprehensive Plan emphasizes the County's role in providing necessary new and amended ordinances, regulations, support services and infrastructure for development, and more efficient use of Development Areas, including more urban and pedestrian oriented development styles. It must be recognized that the desired increase in density and more urban model for development recommended in the Development Areas will also require an increased commitment by the County for public infrastructure improvements and community facilities and services. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: CPA 05-02 Growth Management Policy Update AGENDA DATE: 4/10/07 ITEM NUMBER: SUBJECTIPROPOSALIREOUEST: Work session on proposal to amend the Land Use Plan section of the Comprehensive Plan to be consistent with policies adopted in the Rural Areas Plan. ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Scott Clark ATTACHMENTS: Yes REVIEWED BY: Benish, Cilimberg, McDowell BACKGROUND: The "Growth Management" section of the Land Use Plan, which was originally adopted in 1996, includes the following Goal: GOAL: Protect and efficiently utilize County resources by: A. Emphasizing the importance of protecting the elements that define the Rural Area: 1) Agricultural and forestry resources 2) water supply resources 3) natural resources 4) scemc resources 5) historic and cultural resources 6) limited service delivery Of these, the protection of agricultural and forestry resources is the highest priority. B. Promoting the Development Areas as the place where a variety ofland uses, facilities, and services exist and are planned to support the County's future growth, with emphasis placed on infill development. The second paragraph of the introduction to the Growth Management section states: "Planning efforts also focus on means to discourage development in the Rural Areas and support activities consistent with the character of the Rural Areas. This is accomplished through education, incentives, and voluntary and regulatory measures. Agricultural and forestal resources have been identified as the most critical County resources and the desired primary land use in the Rural Area. Such uses play an important and long standing role in the environment, heritage, and economy of the County. Loss of these resources to development is irreversible and irreplaceable. Maintenance of these resources also provides an opportunity to conserve and efficiently use other resources such as: (1) water resources (with use of property conservation techniques); (2) natural, scenic, and historic resources with the maintenance of pasture land, farmland, and forested areas; and, (3) fiscal resources by limiting development and lessening the need to provide public services to wide areas of the County. In the interest of this growth management strategy, residential development is considered a secondary use in the Rural Areas." On March 2,2005, the Board of Supervisors adopted a new Rural Areas section of the Comprehensive Plan that included "Guiding Principles" establishing policy regarding the features that make up the Rural Areas. The new policy states that the following features are to be recognized as important "defining principles" of the Rural Areas in policy development: "i) Agriculture - Protect Albemarle County's agricultural lands as a resource base for its agricultural industries and for related benefits they contribute towards the County's rural character, scenic quality, natural environment, and fiscal health. ii) Forestry resources - Protect Albemarle County's forests as a resource base for its forestry industries and watershed protection. iii) Land Preservation - Permanently preserve and protect Albemarle County's rural land as an essential and finite resource through public ownership or through conservation easements. iv) Land Conservation - Protect Albemarle County's rural land through planned management of open spaces to prevent exploitation, destruction, or neglect. v) Water supply resources - Protect the quality and supply of surface water and groundwater resources. vi) Natural resources - Preserve and manage the Rural Areas' natural resources in order to protect the environment and conserve resources for future use. vii) Scenic resources - Preserve the County's rural scenic resources as being essential to the County's character, economic vitality, and quality of life. viii) Historical, archeological and cultural resources - Protect the Rural Areas' historic, archeological and cultural resources." On July 19,2005, the Planning Commission adopted a Resolution of Intent to amend the Growth Management section of the Land Use Plan to make it consistent with the Rural Areas Plan. STRATEGIC PLAN: Goal: 2.1 Protect and/or preserve the County's rural character DISCUSSION: In order to make the policies in the Land Use Plan and the Rural Areas Plan consistent, the older policies of the Land Use Plan must be updated. Attachment A is a draft Resolution of Intent that the Commission could adopt as the first step in the policy update. This new resolution replaces the one adopted on July 19,2005, as staff has found another section of the Land Use Plan-the Community Facilities section-that also needs to be made consistent with the Rural Areas Plan. Attachment B is the proposed amendment of the Growth Management section. Attachment C is the proposed amendment of the Community Facilities section. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution of Intent. The proposed amendment language will be brought back to the Commission for a public hearing on April 24th. ATTACHMENTS: A. Resolution of Intent B. Proposed Amendment of Growth Management section of Land Use Plan C. Proposed Amendment of Community Facilities section Land Use Plan Ella Carey Page 1 of2 From: tuckerhurt@virginialandcompany.com Sent: Tuesday, March 27,20079:36 AM To: Ella Carey Subject: Board/Commission/Committee Application Date of this Application: Board/Commission/ Committee Applied for: Board/Commission/ Committee Affiliation: Magisterial District: Applicant Name: Address: Home Telephone: Email Address: Employer: Business Address: Work Telephone: Occu pation /Title: Date of Employment: Years Resident in Albemarle County: Previous Residence: Spouse: Number of Children: Education: Memberships: Interests: Reason to Serve: 3/27/2007 Application Information 03/27/2007 Pantops Community Advisory Council Resident, Business member, land owner representative (Pantops Townhouses LLC, Albemarle Hotel LLC, Pantops-Lakeridge LLC, Pantops Giant LLC, etc.) Rivanna Tucker Hurt 1055 Weybridge CT Aprt 202 Charlottesville, VA 22911 (434) 981-8752 tuckerhu rt@virginialandcompany.com Virginia Land Company 195 Riverbend Drive Charlottesville, VA 22911 (434) 979-8181 Project Manager 09/2006 22 No response to this question No response to this question No response to this question University of Virginia, Bachelor of Arts in Math, 2006 none real estate development My company has an interest in promoting the prosperity of the Pantops community as a large land owner. We have been in business on Pantops How did you Hear About Vacancy: SIGNATURE REQUIRED: Tucker Hurt DATE SIGNED: 3/27/2007 Page 2 of2 for fifty years and we would like for it to continue to flourish with the help of our stewardship as a landowner. Via a March 2007 newsletter. Ella Carey Page 1 of2 From: bsb46@earthlink.net Sent: Saturday, April 14, 2007 11 :38 AM To: Ella Carey Subject: Board/Commission/Committee Application Date of this Application: Board/Commission/ Committee Applied for: Board/Commission/ Committee Affiliation: Magisterial District: Applicant Name: Address: Home Telephone: Email Address: Employer: Business Address: Work Telephone: Occupation/Title: Date of Employment: Years Resident in Albemarle County: Previous Residence: Spouse: Number of Children: Education: Memberships: Interests: Reason to Serve: 4/20/2007 Application Information 04/14/2007 Region Ten Community Services Board Applying for reappointment to Region Ten CSB White Hall Ba rba ra Ba rrett 1220 Red Pine Court Crozet, VA 22932 (434) 823-1643 bsb46@learthlink.net 18 City of Waynesboro Lloyd E. Barrett No response to this question Some College Credits Valley VoTec Graduate NA VA Assoc. of Community SErvice Board Arc of VA Arc of Augusta VA Office of Protection and Advocacy VA Board for People With Disabilities Valley CSB I am asking for reappointment. I have had the honor & pleasure of How did you Hear About Vacancy: SIGNATURE REQUIRED: Barbara Barrett DATE SIGNED: 4/20/2007 Page 20f2 serving on this board for the past 6 years and would like to complete my eligability of 3 more years. No response to this question COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 March 5, 2007 Eric Woolley The Cox Company 220 East High Street Charlottesville, VA 22902 RE: SDP 2006-00113, UV A Research Park, Towncenter Office Buildings (3 & 4) - Final Site Plan (Tax Map 32 Parcel 6A) Dear Mr. Woolley: The Albemarle County Planning Commission, at its meeting on February 20,2007, unanimously approved the modification of Section 4.17.4 lighting waiver request for SDP-2006-113, UV A Research Park, Towncenter Office Buildings (3 & 4). The Planning Commission also unanimously approved the critical slopes waiver request for SDP-2006-113 UV A Research Park, Towncenter Office Buildings (3 & 4). 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, '---'.'-""-"'"') . .' "" t ~~ y:--- Patrick Lawre~ Senior Planner Zoning and Current Development Division Cc: Todd Marshall University Of Virginia Foundation PO Box 400218, Charlottesville, VA 22904 Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 March 5, 2007 Kluge Estate Winery and Vineyard LLC 3414 Ellerslie Dr Charlottesville V A 22902 RE: SDP 2001-00124, Albemarle Winery - Final Site Plan Extension Request To Whom It May Concern: The Albemarle County Planning Commission, at its meeting on February 20,2007, unanimously approved the above-noted petition. Please note that this approval is subject to the following conditions: 1. A note shall be added to the approved site plan to explain that the applicant is aware that further approvals are needed by the County for festivals and special events in excess of 150 attendees. The applicants are willing to comply with any applicable laws. 2. The parking note on the first page of the approved site plan should be corrected to read, "Festivals & Events: 1 space per 2.5 customers (1,000 per day max.)." 3. The applicant shall provide a plan designating the area of overflow parking that meets staff approval. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832. ~~~ Summer Frederick Senior Planning Zoning & Current Development Division Cc: Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 March 5, 2007 Roger Ray and Associates 1717-IB Allied Street Charlottesville V A 22903 RE: SUB 2007-00005 Clark, Neal- Section 14-404(A) Waiver Request To Whom It May Concern: The Albemarle County Planning Commission, at its meeting on February 20,2007, unanimously approved the above-noted petition. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832. \:::r~uL- Summer Frederick Senior Planning Zoning & Current Development Division Cc: Justin Miller 3244 Monacan Trail Road, North Garden, VA 22959 Clark, Neal W 4270 Clark Rd, Crozet V A 22932 Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse .. .. COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 March 5, 2007 Cox, Frank Jr. 220 East High Street Charlottesville, VA 22902 RE: SP 2004-00050, Flow Automotive Volkswagen-Audi- Mazda (Sign #60) Tax Map 78, Parcel15E Dear Mr. Cox: The Albemarle County Planning Commission, at its meeting on February 20,2007, unanimously deferred the above-noted petition. Therefore, this item has been rescheduled for public hearing as follows: ALBEMARLE COUNTY PLANNING COMMISSION - TUESDAY, APRIL 10, 2007 ALBEMARLE COUNTY BOARD OF SUPERVISORS - WEDNESDAY, MAY 2,2007 The Albemarle County Planning Commission will meet at 6:00 p.m., Lane Auditorium, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. The Albemarle County Board of Supervisors meeting begins at 2:00 p.m. You will receive a copy of the staff report and tentative agenda one week prior to the Planning Commission meeting. YOU OR YOUR REPRESENTATIVE MUST BE PRESENT AT BOTH OF THESE MEETINGS. If you have any questions, please do not hesitate to contact me. Sincerely, {}~Jj,~ David B. Benish Chief of Planning Planning Division DBB/aer Cc: Howie, Gary A 2883 Seminole Trail, Charlottesville, VA 22911 \ Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434)296-5832 Fax (434) 972-4126 March 15, 2007 Todd Barnett PO Box 4234 Charlottesville, VA 22905 RE: SP-2006-043 Field School (Signs # 35, 36, 39) Tax Map Parcels 56A2-0 1- 72 and 72A Dear Mr. Barnett: This letter is to notify you that your above-referenced petition has been scheduled for public hearings as follows: ALBEMARLE COUNTY PLANNING COMMISSION, TUESDAY, APRIL 3, 2007 ALBEMARLE COUNTY BOARD OF SUPERVISORS, WEDNESDAY, MAY 2, 2007 The Albemarle County Planning Commission will meet at 6:00 p.m., Lane Auditorium, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. The Albemarle County Board of Supervisors meeting begins at 2:00 pm. You will receive a copy of the staff report and tentative agenda one (1) week prior to the Planning Commission meeting. YOU OR YOUR REPRESENTATIVE MUST BE PRESENT AT BOTH OF THESE MEETINGS. At least fifteen (15) days preceding the commission's public hearing, the Zoning Administrator or designee shall erect on the property, subject to the above-referenced application(s), a sign (or signs) indicating the property is to be subject to public hearing and referencing how to obtain additional information regarding such hearing. The sign shall be erected within ten (10) feet of whatever boundary line of such land abuts a public road and shall be so placed as to be clearly visible from the road. If more than one such road abuts the property, then a sign shall be erected in the same manner as above for each such abutting road. If no public road abuts thereon, then signs shall be erected in the same manner as above on at least two boundaries of the property abutting land not owned by the applicant. The filing of the petition or application shall be deemed to grant consent to the Zoning Administrator or desib'11ee to enter upon the property and to erect the signs. POLICY SUBMISSION OF MATERIALS FOR ZONING APPLICATIONS It is the Board's preference that a public hearing should not be advertised until all of the final materials for a zoning application have been received by the County and are available for public review. To achieve this preference, applicants should provide final plans, final codes of development, final proffers, and any other documents deemed necessary by the Director of Community Development, to the County no later than two days prior to the County's deadline for submitting the public hearing advertisement to the newspaper. Staff will advise applicants of this date by including it in annual schedules for applications and by providing each applicant a minimum of two weeks advance notice of the deadline. If the applicant does not submit the required materials by this date, the public hearing shall not be advertised unless the applicant demonstrates to the satisfaction of the Director of Community Development that good cause exists for the public hearing to be advertised. If not advertised, a new public hearing date will be scheduled. If the public hearing is held without final materials being available for review throughout the advertisement period due to a late submittal of documents, or because substantial revisions or amendments are made to the submitted materials after the public hearing has been advertised, it will be the policy of the Board to either defer action and schedule a second public hearing that provides this opportunity to the public or to deny the application, unless the Board finds that the deferral would not be in the public interest or not forward the purposes of this policy. Final signed proffers shall be submitted to the County no later than nine days prior to the date of the advertised public hearing. This policy is not intended to prevent changes made in proffers at the public hearing resulting from comments received from the public or from Board members at the public hearing. This Zoning Policy will be included in the Board's Rules of Procedure for adoption each year, so that the policy can be re-examined annually. (Adopted 12/07/2005) Page 1 of 1 Ella Carey From: Bob Tucker Sent: Monday, October 16, 2006 8:58 AM To: Ella Carey; Meagan Hoy Subject: Future Agenda items Ella and Meagan: Mark mentioned a couple of items for the February agenda that should be ready then. The Fee Study should be finished and a work session on Pantops Master Plan. THANKS, BOB ROBERT W. TUCKER, JR. COUNTY EXECUTIVE COUNTY OF ALBEMARLE 401 MCINTIRE ROAD CHARLOTTESVILLE, VIRGINIA 22902-4579 VOICE: 434.296.5841 FAX: 434.296.5800 EMAIL: BTUCKER@ALBEMARLE.ORG WEBSITE: http://www.albemarle.org 12/6/2006 ) COUNTY OF ALBEMARLE Department of Community Development 401 Mcintire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 April 3, 2007 Peter Sheeran Sheeran Architects 226 East High Street Charlottesville, VA 22902 RE: SP 2004-00050, Flow Automotive Companies Sales and Display (Sign #60) Tax Map 78, Parcels 15E and 15D Dear Mr. Sheeran: This letter is to notifY you that your above-referenced petition has been scheduled for public hearings as follows: ALBEMARLE COUNTY PLANNING COMMISSION, TUESDAY, APRIL 17,2007 ALBEMARLE COUNTY BOARD OF SUPERVISORS, WEDNESDA Y, MAY 2, 2007 The Albemarle County Planning Commission will meet at 6:00 p.m., Lane Auditorium, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. The Albemarle County Board of Supervisors meeting begins at 2:00 p.m. You will receive a copy of the staff report and tentative agenda one (1) week prior to the Planning Commission meeting. YOU OR YOUR REPRESENTATIVE MUST BE PRESENT AT BOTH OF THESE MEETINGS. At least fifteen (15) days preceding the commission's public hearing, the Zoning Administrator or designee shall erect on the property, subject to the above-referenced application(s), a sign (or signs) indicating the property is to be subject to public hearing and referencing how to obtain additional information regarding such hearing. The sign shall be erected within ten (10) feet of whatever boundary line of such land abuts a public road and shall be so placed as to be clearly visible from the road. If more than one such road abuts the property, then a sign shall be erected in the same manner as above for each such abutting road. If no public road abuts thereon, then signs shall be erected in the same manner as above on at least two boundaries of the propelty abutting land not owned by the applicant. The filing of the petition or application shall be deemed to grant consent to the Zoning Administrator or designee to enter upon the property and to erect the signs. ~ POLICY SUBMISSION OF MATERIALS FOR ZONING APPLICATIONS It is the Board's preference that a public hearing should not be adveliised until all of the final materials for a zoning application have been received by the County and are available for public review. To achieve this preference, applicants should provide final plans, final codes of development, final proffers, and any other documents deemed necessary by the Director of Community Development, to the County no later than two days prior to the County's deadline for submitting the public hearing advertisement to the newspaper. Staff will advise applicants of this date by including it in annual schedules for applications and by providing each applicant a minimum of two weeks advance notice of the deadline. If the applicant does not submit the required materials by this date, the public hearing shall not be advertised unless the applicant demonstrates to the satisfaction of the Director of Community Development that good cause exists for the public hearing to be advertised. If not advertised, a new public hearing date will be scheduled. If the public hearing is held without final materials being available for review throughout the advertisement period due to a late submittal of documents, or because substantial revisions or amendments are made to the submitted materials after the public hearing has been advertised, it will be the policy of the Board to either defer action and schedule a second public hearing that provides this opportunity to the public or to deny the application, unless the Board finds that the deferral would not be in the public interest or not forward the purposes of this policy. Final signed proffers shall be submitted to the County no later than nine days prior to the date of the advertised public hearing. This policy is not intended to prevent changes made in proffers at the public hearing resulting from comments received from the public or from Board members at the public hearing. This Zoning Policy will be included in the Board's Rules of Procedure for adoption each year, so that the policy can be re-examined annually. (Adopted 12/07/2005) COUNTY OF ALBEMARLE Department of Community Development 401 Mcintire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434)296-5832 Fax (434) 972-4126 April 3, 2007 John Grady 2575 Dudley Mountain Road North Garden, V A 22959 RE: SP 2007-00009, Little Keswick School- Amendment (Signs #101,102) Tax Map 80, Parcels 110, 11 OA, II OA2, 112, 117 A, 118, 119 Dear Mr. Grady: This letter is to notify you that your above-referenced petition has been scheduled for public hearings as follows: ALBEMARLE COUNTY PLANNING COMMISSION, TUESDAY, APRIL 17,2007 ALBEMARLE COUNTY BOARD OF SUPERVISORS, WEDNESDA Y, MAY 2, 2007 The Albemarle County Planning Commission will meet at 6:00 p.m., Lane Auditorium, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. The Albemarle County Board of Supervisors meeting begins at 2:00 p.m. You will receive a copy of the staff report and tentative agenda one (1) week prior to the Planning Commission meeting. YOU OR YOUR REPRESENTATIVE MUST BE PRESENT AT BOTH OF THESE MEETINGS At least fifteen (15) days preceding the commission's public hearing, the Zoning Administrator or designee shall erect on the property, subject to the above-referenced application(s), a sign (or signs) indicating the property is to be subject to public hearing and referencing how to obtain additional information regarding such hearing. The sign shall be erected within ten (10) feet of whatever boundary line of such land abuts a public road and shall be so placed as to be clearly visible from the road. If more than one such road abuts the property, then a sign shall be erected in the same manner as above for each such abutting road. If no public road abuts thereon, then signs shall be erected in the same manner as above on at least two boundaries of the property abutting land not owned by the applicant. The filing of the petition or application shall be deemed to grant consent to the Zoning Administrator or designee to enter upon the property and to erect the signs. POLICY SUBMISSION OF MATERIALS FOR ZONING APPLICATIONS It is the Board's preference that a public hearing should not be advertised until all of the final materials for a zoning application have been received by the County and are available for public review. To achieve this preference, applicants should provide final plans, final codes of development, final proffers, and any other documents deemed necessary by the Director of Community Development, to the County no later than two days prior to the County's deadline for submitting the public hearing advertisement to the newspaper. Staff will advise applicants of this date by including it in annual schedules for applications and by providing each applicant a minimum oftwo weeks advance notice of the deadline. If the applicant does not submit the required materials by this date, the public hearing shall not be advertised unless the applicant demonstrates to the satisfaction of the Director of Community Development that good cause exists for the public hearing to be advertised. If not advertised, a new public hearing date will be scheduled. If the public hearing is held without final materials being available for review throughout the advertisement period due to a late submittal of documents, or because substantial revisions or amendments are made to the submitted materials after the public hearing has been advertised, it will be the policy of the Board to either defer action and schedule a second public hearing that provides this opportunity to the public or to deny the application, unless the Board finds that the deferral would not be in the public interest or not forward the purposes of this policy. Final signed proffers shall be submitted to the County no later than nine days prior to the date of the advertised public hearing. This policy is not intended to prevent changes made in proffers at the public hearing resulting from comments received from the public or from Board members at the public hearing. This Zoning Policy will be included in the Board's Rules of Procedure for adoption each year, so that the policy can be re-examined annually. (Adopted 12/07/2005)