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HomeMy WebLinkAbout2006-06-14 BOARD OF SUPERVISORS FIN A L JUNE 14, 2006 COUNTY OFFICE BUILDING II 3:00 P.M., MEETING ROOM 235 II 1. Call to Order. 2. Work Session: Overview of County Transportation Planning Process. 3. Recess. II 6:00 P.M., ROOM 241 II 4. Call to Order. 5. Pledge of Allegiance. 6. Moment of Silence. 7. From the Public: Matters Not Listed on the Agenda. 8. Consent Agenda (on next page). 9. ZMA-2005-0005. Libertv Hall (Cross Prooertv). Sian #69. PUBLIC HEARING ON PROPOSAL: Rezone 8.01 acres from R1 (1 unit/acre) Residential to NMD Neighborhood Model District - residential (3 - 34 units/acre) mixed with commercial, service and industrial uses to allow office uses up to approx. 8,500 square feet in size and up to 53 residential units in single family, townhouses, and multifamily. PROFFERS: Yes. EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Crozet Master Plan designates the property CT3 Urban Edge: single family residential (net 3.5-6.5 units/acre) supporting uses such as religious institutions and schools and other small-scale non-residential uses, and CT4 Urban General: residential (net 4.5 units/acre single family, net 12 units/acre townhouses/ apartments, net 18 units/acre mixed use) with supporting uses such as religious institutions and schools and mixed uses including retail/office. ENTRANCE CORRIDOR: Yes. LOCATION: TM 56, Parcels 97A, 97A1 & 97 (only a .833 acre southwest portion of the property as shown on the General Development Plan) along Radford Lane near its intersection with Rockfish Gap Turnpike (Rt 250 W). MAGISTERIAL DISTRICT: White Hall. (Deferred from March 15,2006.) 10. From the Board: Committee Reports and Matters Not Listed on the Agenda. 11 . Adjourn. ~ CONSENT AGENDA FOR APPROVAL: 8.1 Authorize County Executive to Execute Lease Agreement for Temporary Fire Rescue Facility. 8.2 Resolution to Authorize the County Executive to Accept Deeds and to Enter into License Agreements for Greenways. 8.3 Resolution Designating Rural Rustic Road Paving Projects. 8.4 Requested FY2006 Appropriations. 8.5 Set Public Hearing on Ordinance to Change Location of Polling Place for Northside Precinct in the Rio Magisterial District. 8.6 Cancel August 9,2006 Board of Supervisors' meeting. ACTIONS Board of Supervisors of June 14, 2006 3:00 P.M., Room 235 June 15, 2006 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to Order. . Meeting was called to order at 3:00 p.m. by the Chairman, Mr. Rooker. All BOS members were present. Also present were Bob Tucker, Larry Davis, Tom Foley, Mark Graham, and Diane Mullins. 2. Work Session: Overview of County Transportation Planning Process. . HELD. 3. Recess. . The Board recessed at 4:56 p.m. ACTIONS Board of Supervisors of June 14, 2006 6:00 P.M., Room 241 AGENDA ITEM/ACTION ASSIGNMENT 4. Call to Order. . Meeting was called to order at 6:00 p.m. by the Chairman, Mr. Rooker. All BOS members were present. Also present were Bob Tucker, Larry Davis, Mark Graham, Wayne Cilimberg and Ella Carey. 7. From the Public: Matters Not Listed on the Agenda. . John Martin, a resident of Free Union, asked the Board to revisit the issue of County representation on the RWSA Board of Directors. . Jim Grace, representing the Forest Lakes Association Board of Directors, requested the Board take action to address sediment build up in their lakes and assist in offsetting the cost of removing the silt caused by the Hollymead Towncenter development. The Chairman recognized the presence of Boy Scout Troop 27 from Charlottesville. 8.1 Authorize County Executive to Execute Lease County Attorney's office: Provide Clerk with Agreement for Temporary Fire Rescue Facility. copy of signed agreement for file. . AUTHORIZED the County Executive to execute a lease agreement with Amvest-Worell Joint Venture, approved as to content and form by the County Attorney, for the second floor of the Amvest-Worell building for use as a temporary fire rescue facilitv. 8.2 Resolution to Authorize the County Executive to Clerk: Forward copy of signed resolution to Accept Deeds and to Enter into License County Attorney's office. Agreements for Greenways. (Attachment 1) . ADOPTED the attached Resolution to authorize the County Executive to accept deeds conveying fee simple and easement interests, and to enter into license 1 agreements easements, for greenways, provided the deeds and agreements are approved as to form and content by the County Attorney. 8.3 Resolution Designating Rural Rustic Road Paving Clerk: Forward copy of signed resolutions to Projects. Juan Wade to forward to VDOT. . ADOPTED the attached resolutions designating (Attachments 2, 3 and 4) sections of Woods Edge Road, Hacktown Road, and Rocky Hollow Road as Rural Rustic Roads and requesting VDOT to improve these roads as Rural Rustic Road proiects. 8.4 Requested FY2006 Appropriations. Clerk: Forward signed copy of appropriation . APPROVED FY 2006 Appropriations forms to OMB, Finance and appropriate #2006081, #2006082, #2006083 and #2006084 individuals. 8.5 Set Public Hearing on Ordinance to Change Clerk: Schedule on July 12In agenda. Location of Polling Place for Northside Precinct in the Rio Magisterial District. . SET public hearing on July 12, 2006 to consider adopting an ordinance amendment to change the polling place from the Buck Mountain Episcopal Church to the Earlysville Volunteer Fire Department in the Northside Precinct of the Rio Magisterial District. 8.6 Cancel August 9, 2006 Board of Supervisors' Clerk: Notify appropriate staff. meeting. . CANCELLED Board meeting. 9. ZMA-2005-0005. Libertv Hall (Cross Prooertv), Clerk: Set out proffers. (Attachment 5) Sian #69. . APPROVED, by a vote of 5:1, ZMA-2005-0005, to rezone 8.01 acres from R-1, Residential, to NMD, Neighborhood Model District, subject to the revised proffers, code of development, and plan. 10. From the Board: Committee Reports and Matters Not Listed on the Agenda. David Wyant: . County Fair moving along well with permanent location. . At the recent T JPDC meeting, City representatives expressed some concern with the County's proposed wetlands. Sallv Thomas: . The County might want to get a report from the Nature Conservancy because there are significant funds going into mitigation projects in the City. . At a recent meeting of the Local Advisory Committee for the Chesapeake Bay, they met on the Eastern Shore and, she received a booklet entitled "Better Models for Development on the Eastern Shore". There were several picture examples of Charlottesville and Albemarle of good design in the booklet. Also mentioned relationship of the six counties in Maryland, on the Eastern Shore, and the seven things they have agreed to do. . Mentioned John Martin's earlier comments and said she thinks it might be the time to discuss 2 the entities that control our water decisions and how we want ourselves represented on them including the RWSA Board. . Cell tower being proposed in Louisa County that will impact the Southwest Mountains Historic District. Urged staff to stay informed about what is going on. . APPOINTED Rosa Hudson to serve on the Equalization Board, as the Scottsville Clerk: Prepared appointment letters, update representative, with said term to expire on Boards and Commissions book and notify December 31,2006. appropriate persons. . APPOINTED Lincoln Lewis, to serve on the Social Services Board, as the Rivanna District representative, with said term to expire December 31,2007. Ken Boyd: . Discussed the request from Forest Lakes Association regarding assistance in mitigation of lakes. . ADOPTED the attached resolution to authorize acquisition of property at 407E High Street in Clerk: Forward copy of signed resolution to Charlottesville. County Attorney's office. 11 . Adjourn. . The meeting was adjourned at 9:10 p.m. /ewc Attachment 1 - Resolution-License Agreements for Greenways Attachment 2 - Resolution-Woods Edge Road Attachment 3 - Resolution-Hacktown Road Attachment 4 - Resolution-Rocky Hollow Road Attachment 5 - ZMA-2005-0005, Liberty Hall, Proffers Attachment 6 - Resolution-Acquisition of Property 3 ATTACHMENT 1 RESOLUTION TO AUTHORIZE COUNTY EXECUTIVE TO ACCEPT DEEDS CONVEYING FEE SIMPLE AND EASEMENT INTERESTS, AND TO ENTER INTO LICENSE AGREEMENTS, FOR GREENWAYS WHEREAS, the County of Albemarle may acquire lands for its greenway trail system through Deeds conveying either fee simple or easement interests, and may acquire temporary permission to use land for a greenway trail through License Agreements; and WHEREAS, such Deeds and License Agreements transfer ownership of property or set forth the rights and responsibilities of the landowner and the County, including the County's rights and obligations to maintain the improvements within the easement or license area; and WHEREAS, the efficiency of government is improved by delegating the authority to the County Executive to accept such Deeds and to enter into License Agreements on behalf of the County; NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors authorizes the County Executive, on behalf of the County, to accept Deeds conveying fee simple and easement interests, and to enter into License Agreements, for property to be used for the County's greenway trail system, provided that such Deeds and License Agreements are approved as to form and content by the County Attorney. 4 I ATTACHMENT 2 RESOLUTION Woods Edge Road WHEREAS, during the 2002 session of the General Assembly, legislation was passed to revise section 33.1-70.1 of the Code of Virginia, to allow for the improvement and hard surfacing of certain unpaved roads deemed to qualify for and be designated a Rural Rustic Road; and WHEREAS, such roads must be located in low-density development areas and have a minimum of 50 vehicles per day (vpd) but no more than 500 vpd; and WHEREAS, this Board is unaware of pending development that will significantly affect the existing traffic on the road; and WHEREAS, the citizens using this road have been informed that this road may be paved under rural rustic road standards with minimal improvements; and WHEREAS, this Board believes that the segment of Route 623 (Woods Edge Road) between Rt. 616 and the end of state maintenance should be designated a Rural Rustic Road because of its qualifying characteristics; and WHEREAS, the road segment aforesaid is in the Board's Six Year Plan for improvements to its secondary system of state highways; NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors hereby designates and requests VDOT's Resident Engineer to concur in the aforesaid road segment as a Rural Rustic Road; and BE IT FURTHER RESOLVED, that this Board requests that this road segment be hard surfaced and, to the fullest extent prudent, be improved within the existing rights of ways and ditch lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in its current state; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. 5 ATTACHMENT 3 RESOLUTION Hacktown Road WHEREAS, during the 2002 session of the General Assembly, legislation was passed to revise section 33.1-70.1 of the Code of Virginia, to allow for the improvement and hard surfacing of certain unpaved roads deemed to qualify for and be designated a Rural Rustic Road; and WHEREAS, such roads must be located in low-density development areas and have a minimum of 50 vehicles per day (vpd) but no more than 500 vpd; and WHEREAS, this Board is unaware of pending development that will significantly affect the existing traffic on the road; and WHEREAS, the citizens using this road have been informed that this road may be paved under rural rustic road standards with minimal improvements; and WHEREAS, this Board believes that the segment of Route 744 (Hacktown Road) between Rt. 731 and the overpass of Interstate 64 should be designated a Rural Rustic Road because of its qualifying characteristics; and WHEREAS, the road segment aforesaid is in the Board's Six Year Plan for improvements to its secondary system of state highways; NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors hereby designates and requests VDOT's Resident Engineer to concur in the aforesaid road segment as a Rural Rustic Road; and BE IT FURTHER RESOLVED, that this Board requests that this road segment be hard surfaced and, to the fullest extent prudent, be improved within the existing rights of ways and ditch lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in its current state; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. 6 ATTACHMENT 4 RESOLUTION Rocky Hollow Road WHEREAS, during the 2002 session of the General Assembly, legislation was passed to revise section 33.1-70.1 of the Code of Virginia, to allow for the improvement and hard surfacing of certain unpaved roads deemed to qualify for and be designated a Rural Rustic Road; and WHEREAS, such roads must be located in low-density development areas and have a minimum of 50 vehicles per day (vpd) but no more than 500 vpd; and WHEREAS, this Board is unaware of pending development that will significantly affect the existing traffic on the road; and WHEREAS, the citizens using this road have been informed that this road may be paved under rural rustic road standards with minimal improvements; and WHEREAS, this Board believes that the segment of Route 769 (Rocky Hollow Road) between Rt. 20 and the end of state maintenance should be designated a Rural Rustic Road because of its qualifying characteristics; and WHEREAS, the road segment aforesaid is in the Board's Six Year Plan for improvements to its secondary system of state highways; NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors hereby designates and requests VDOT's Resident Engineer to concur in the aforesaid road segment as a Rural Rustic Road; and BE IT FURTHER RESOLVED, that this Board requests that this road segment be hard surfaced and, to the fullest extent prudent, be improved within the existing rights of ways and ditch lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in its current state; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. 7 ATTACHMENT 5 Original Proffer X PROFFER FORM Date of Proffer Signature: 5/31/2006 ZMA #2005-00005 Tax Map Parcels: 56-97 A; 56-97 A 1, portion of 56-97 8.377 Acres to be rezoned from R1 to NMD (Neiqhborhood Model District) in accordance with the General Development Plan dated April 6, 2006 Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned with the offered Plans approved for development. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning request. 1 ) The Owner shall contribute $137,600 ($3,200 per unit for 43 units) cash to the County's capital improvement program for the purpose of mitigating impacts from this development. The cash contribution shall be used for transportation improvements (i.e. Eastern Avenue), schools, libraries, fire and rescue, parks or any other public use serving the Community of Crozet as identified in the Crozet Master Plan. Contributions shall be payable under one of the following methods, which shall be designated by the County: (1) ninety (90) days after receipt of written notice by the Owner from the County identifying a Capital Improvement Project within the Community of Crozet for which the cash would be applied, provided that contributions for a Capital Improvement Project shall not exceed $50,000 during any sixty (60) day period and said request is after the County's approval of the first final site plan or subdivision plat within the Project, or (2) in increments of $3,200 cash per lot, for any market-rate townhouse or new detached single family dwelling unit prior to or at the time of issuance of a building permit for any improvement thereon. If the cash contribution has not been exhausted by the County for the stated purpose within (10) ten years from the date of the County's receipt of the final contribution, all unexpended funds shall be applied to a project(s) identified in the County's Capital Improvements Program for the Community of Crozet. 2) The Owner shall provide eight (8) units of affordable housing as identified on the General Development Plan produced by Timmons Group, dated August 15, 2005 and last revised April 6, 2006, entitled "Application Plan - Figure 2". The Owner shall convey the responsibility of constructing the affordable units to any subsequent purchaser of the subject property. The current Owner or subsequent Owner shall create units affordable to households with incomes less than 80% of the area median income, such that housing costs consisting of principal, interest, real estate taxes and homeowner's insurance (PITI) do not exceed 30% of the gross household income. All purchasers of these units shall be approved by the Albemarle County Office of Housing or its designee. The Owner/Builder shall provide the County or its designee a period of 180 days to identify and pre-qualify an eligible purchaser for the affordable units. The 180-day period shall commence upon written notice from the Owner that the units will be available for sale. This notice shall not be given more than 120 days prior to anticipated receipt of the certificate of occupancy. If the County or its designee does not provide a qualified purchaser during this period, the Owner shall have the right to sell the unit(s) without any restriction on sales price or income of purchaser. This proffer shall apply only to the first sale of each of the eight (8) units. 3) Within 30 days after VDOT determines that a traffic signal is warranted at the intersection of Radford Lane and Route 250 or at the intersection of Eastern Avenue and Route 250, the Owner shall make a cash contribution to the County to pay for its share of the cost to install a traffic signal by others. The Owner's cash contribution shall be based upon the traffic volume generated by this site at the intersection, as compared to the total traffic volume at the intersection creating the need for the traffic signal, as determined by VDOT, Albemarle County, or the Owner's traffic consultant with the review and approval by VDOT and Albemarle County, and I 8 I be determined by Albemarle County using an equitable method for determining the Owner's pro- rata share of the cost. This proffer shall be in effect until December 31, 2013. 4) The Owner shall dedicate and convey to Albemarle County, prior to the first final site plan approval, a 10-ft wide access easement to accommodate the construction, maintenance, and use of a Class B primitive trail connecting a sidewalk at the northern end of "Road 0" to the property line adjacent the 20' sewer easement on TMP 56-97 as shown on the General Development Plan. The access easement shall be shown on the subdivision plat or site plan for the underlying or adjacent lands within the Project and constructed by Owner in conjunction with the improvements for that subdivision plat or site plan. The primitive trail shall be designed and constructed in accordance with the standards identified in the Albemarle County Comprehensive Plan, Appendix A - Greenway Plan. If the primitive trail access easement is not dedicated as part of a subdivision plat, the Owner shall pay all costs of surveying and preparing legal documents in a form acceptable to the County Attorney necessary to dedicate the easement. 5) Overlot grading Plan - Plats: The Owner shall submit an over-lot grading plan (hereinafter the "Plan") meeting the requirements of Proffer 5 with the application for each subdivision of the Property into single family detached lots and single family attached dwelling units shown on the General Development Plan. The Plan shall show existing and proposed topographic features to be considered in the development of the proposed subdivision. The Plan shall be approved by the County Engineer prior to final approval of the site plan or subdivision plat. The Property within the subdivision shall be graded as shown on the approved Plan. No certificate of occupancy shall be issued for any dwelling on a lot where the County Engineer has determined the lot grading is not consistent with the approved grading Plan. The Plan shall satisfy the following: a) The Plan shall show all proposed streets, building sites, setbacks, surface drainage, driveways, trails, and other features the County Engineer determines are needed to verify that the Plan satisfies the requirements of this proffer. b) The Plan shall be drawn to a scale not greater than one (1) inch equals fifty (50) feet. c) All proposed grading shall be shown with contour intervals not greater than two (2) feet. All concentrated surface drainage over lots shall be clearly shown with the proposed grading. All proposed grading shall be designed to assure that surface drainage can provide adequate relief from the flooding of dwellings in the event a storm sewer fails. d) Graded slopes on lots proposed to be planted with turf grasses (lawns) shall not exceed a gradient of three (3) feet of horizontal distance for each one (1) foot of vertical rise or fall (3:1). Steeper slopes shall be vegetated with low maintenance vegetation as determined to be appropriate by the County's program authority in its approval of an erosion and sediment control plan for the land disturbing activity. These steeper slopes shall not exceed a gradient of two (2) feet of horizontal distance for each one (1) foot of vertical rise or fall (2:1 ), unless the County Engineer finds that the grading recommendations for steeper slopes have adequately addressed the impacts. e) Surface drainage may flow across up to three (3) lots before being collected in a storm sewer or directed to a drainage way outside of the lots. f) No surface drainage across a residential lot shall have more than one-half (1/2) acre of land draining to it. g) All drainage from streets shall be carried across lots in a storm sewer to a point beyond the rear of the building site. h) The Plan shall demonstrate that an area at least ten (10) feet in width, or to the lot line if it is less than (10) feet, from the portion of the structure facing the street, has grades no steeper than ten (10) percent adjacent to possible entrances to dwellings that will not be served by a stairway. This graded area also shall extend from the entrances to the driveways or walkways connecting the dwelling to the street. i) Any requirement of this proffer may be waived by the County Engineer by submitting a waiver request with the preliminary plat. If such a request is made, it shall include: (i) a justification for the request contained in a certified engineer's report; (ii) a vicinity map showing a larger street network at a scale no smaller than one (1) inch equals six hundred (600) feet; (iii) a conceptual Plan at a scale no smaller than one (1) inch equals two hundred (200) feet showing surveyed boundaries of the property; (iv) topography of 9 the property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of one hundred (100) feet from the boundary line or a lesser distance determined to be sufficient by the agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; and (vi) the proposed layout of streets and lots, unit types, uses, and location of parking, as applicable. In reviewing a waiver request, the County Engineer shall consider whether the alternative proposed by the Owner satisfies the purpose of the requirement to be waived to at least an equivalent degree. In approving a waiver, the County Engineer shall find that requiring compliance with the requirement of this condition would not forward the purposes of the County's Subdivision and Water Protection Ordinances or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the Project, and to the land adjacent thereto. j) The Owner may request that the Plan be amended at any time. All amendments shall be subject to the review and approval by the County Engineer. k) In the event that the County adopts overlot grading regulations after the date ZMA 2005- 00005 is approved, any requirement of those regulations that is less restrictive than any requirement of Proffer 5 shall supersede the corresponding requirement of this paragraph, subject to the approval of the Director of the Department of Community Development. Signature of Owner: Date: May 31, 200S Marc C. Powell, Managing Member Weather Hill Development, LLC Contract Purchaser and Agent for Robert L. Cross and Jeanne Kerr Cross, current Owners 10 ATTACHMENT 5 RESOLUTION TO AUTHORIZE ACQUISITION OF PROPERTY WHEREAS, the County of Albemarle and the City of Charlottesville desire to acquire certain property within the City for the purpose of providing public space for court house facilities and related offices; and WHEREAS, an agreement for the acquisition of such property located at 407 East High Street has been negotiated. NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby authorizes the County Executive to execute the Agreement for Purchase and Sale of Real Property and the deed and all other documents approved by the County Attorney necessary to purchase and accept the following property on behalf of the County: 1. The real property and the improvements thereon located at 407 East High Street, and designated as Parcel 31 on the 2006 City Real Estate Tax Map 53 to be conveyed by Sandollar, LTD. to the County of Albemarle and the City of Charlottesville for the purchase price of Nine Hundred Forty Thousand and 00/100 Dollars ($940,000.00). 11 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: County Transportation Planning Process June 14, 200S SUBJECT/PROPOSAL/REQUEST: ACTION: INFORMATION: X Work session on transportation planning CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Messrs.: Tucker, Foley, Davis, Graham, Cilimberg, ATTACHMENTS: Yes Benish, Wade ~----- REVIEWED BY: LEGAL REVIEW: No I BACKGROUND: At the Board of Supervisors April 3, 200S meeting, staff was requested to arrange a work session to discuss the County's transportation planning process. The transportation planning process issue arose in a discussion regarding PLACES29 and its relationship to the Charlottesville-Albemarle Regional Transportation Study (CHART). STRATEGIC PLAN: 3.1 Make the County a safe and healthy community in which citizens feel secure to live, work and play. DISCUSSION: Please find attached (Attachment A) a flow chart that outlines the staff presentation. Staff will explain each step of the flow chart at the work session. Harrison Rue with the Thomas Jefferson Planning District Commission will provide information on the CHART/UnJam process and State and Federal requirements for the Metropolitan Planning Organization (MPO). County staff will comment on the County's Comprehensive Plan (including Master Plans) and how the transportation recommendations relate to CHART/UNJAM and guide the Six Year Secondary and Primary Plans and the County's Capital Improvements Program (CIP), including Strategic Plan initiatives in support of the CIP. Time will be provided for questions and comments from the Board of Supervisors. BUDGET IMPACT: There will no budget impact for this agenda item. RECOMMENDATIONS: No action is necessary. This is being provided at the request of the Board for their information. ATTACHMENTS Attachment A - Transportation Planning Process Discussion Flow Chart 06.082 ...- en C ~ co +-' .- a.. co.. :J- ...- L- ..... cO en (]) +-' 0- U +-' (]) en co .0' ~ L- a.. ...- en 0 (]) co "'0 U ~ a.. :::J 0 <("'O~ U ...- .....J - J(])- C a..~ co cu..2 - c :J_C ~ _co C ..... >-E 0 j::::(])(]) co en . i:: 0) o:::cuE a.. a.. (]) <(U5~ - 0::: (]) I-'S > - () 0- en C (]) C co 0::: (]) a.. ..c u (]) L- 0) a. (]) E ...- ~ +-' co 0 a..~ L- () +-' en en ..... -c >. >. >- 0 +-' +-' enu C C (]) :::J :::J en 0 0 - () () ~ en ut) :'=(]) .!):::J :::Jo- a.. (]) 0::: I I '-", ,...... ~-... .-" :;',; ""'~ :"'.',. .,-;:_0./4-, D L, ~tern #: ,~ THE TRANSPORTATION PLANNING PROCESS: ." J:iti:::\s:._. RrrJlL HQ}f Projects are Proposed, Planned and Implemented Adaptedfrom a graphic prepared by the Thomas Jefferson Planning District Commission, 12/95 LOCALITY REGION STATE Public comment is sought prior to Public comment is sought every Public comment is solicited the approval of annual budgets, year for the annual update of the every spring at the District and including Capital Improvement TIP, and throughout the process of Central offices for the annual Plans, and throughout the process developing the Long Range Plan update of the state six year of updating Comprehensive Plans. update. Public hearings are held program, and for each stage of Members of the public ll)ay speak prior to approval of the MPO major plans, environmental 1 at any local council or board annual work program and impact studies, and design and Public Input meetings, and to individual regarding completion of major location studies. Members ofthe elected officials or planning MPO or PDC studies. Members public may talk with their commissioners. Citizens are also of the public may speak at any Commonwealth Transportation regularly appointed to serve on MPO or PDC meetings, and to Board representatives at any local planning boards and any individual MPO or PDC time. committees. member. Comprehensive Plans (updated United Jefferson Area Mobility VTrans 2025, Statewide every five years), special Plan (UnJAM) 2025, the Long Multimodal Long Range Plan (20 neighborhood or area studies, Range Plan, a 20-year plan updated year plan updated every five 2 and ongoing maintenance plans every five years, covers rural and years) Highway Needs for County engineers and city urban areas and includes ongoing Assessment (ongoing database Assessing Public Works department are regional traffic modeling updates), special area studies, Needs & primary sources of information. assessments and special studies Environmental Impact Identifying Statements and annual VDRPT Projects rail plans and transit evaluations are primary sources of information Local improvement plans, such as MPO Transportation State Six-Year Improvement Albemarle County's six-year Improvement Program (TIP), Program, updated annually, road plan, identify priorities and updated annually, identifies identifies state budgets and funding sources. Local Capital federally approved road, transit, anticipated federal funds for Improvement Plans include and related projects to be road, transit, safety, maintenance, 3 projects to be done with local completed in the urban region. and congestion reduction projects funding. Local governments Other state, local, or private (Approved in June for July 1 Planning approve allocations to JAUNT projects are included in the TIP for fiscal year). State Budgets and and CTS each spring as part of information. (Approved annually Transportation Improvement Timetables the local budget cycle. and, forwarded to state for State Program (STIP), updated TIP approval) annually, identifies federal funds to be matched with state and other sources (Approved in September for Oct. I fiscal year). 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S >-. 0 l:: .~ .0 0 .~ ,..., ~ u UU U> I I I (!l ~ z ... i= -(:, .~ ill -;-=::. ill :E CJ)~ O"G CO' ~ r- ......... <: Q .- W E > Q) ill .::: a:s D "0 I I Q C 1ii Q) 01 C1 4":".( ~ . f . . I . . JOHN COLLIER MARTIN 'IEO AT" 80S iVIEETn.lG 5115 CATTERTON ROAD FREE UNION, VIRGINIA 22940 D'atG: & - /c;- .;loo fb (804) 978-2872 FAJ(:(804)978-4107 J\gcnda !t9m #: 7 .~.,""'"..," ~ .'.,"? :-""'~!:~"'(:'V. '-L ,1..........:.,;.._.._ ,,__ May 3, 2000 The Honorable Charles S. Martin. Chairman The Honorable Sally H. Thomas, Vice-Chairman The Honorable David P. Bowerman The Honorable Lindsay S. Dorrier, Jr. The Honorable Charlotte Y. Humphris The Honorable Walter F. Perkins Albemarle County Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902 Re: County ReDresentation On The Rivanna Water & Sewer Authoritv Board of Directors Dear Members of the Board of Supervisors: The purpose of this letter is to suggest, as a member ofthe public, that a Work Session be scheduled in the near future, to discuss and consider the matter of County representation on the Rivanna Water & Sewer Authority (RWSA) Board of Directors. Specifically, it is suggested that the Board consider the question of whether the Executive Director of the Albemarle County Service Authority (ACSA) should continue to serve as a member of the RWSA Board of Directors, or whether the Board should exercise an option reserved to it under a Concurrent Resolution entered with the City in 1986, to appoint an Albemarle County Department head to serve in the ACSA Executive Director's place. This suggestion is made in the belief, that as a result ofthe passage oftime, and development ofthe responsibilities and expertise ofthe County Department of Engineering and Public Works, the conduct of such a review would be both logical and rational, and that review ofa decision made by a prior Board of Supervisors nearly 15 years ago, would be in the public interest. At the time RWSA was founded by Concurrent Resolution of the City and the County in 1972, the RWSA Articles ofIncorporation provided that the RWSA Board of Directors would include the County Executive and the County Engineer, but not the Executive Director of the ACSA. The pertinent provision of the 1972 Articles of Incorporation provided: , . , . , (c) The powers of the Authority shall be exercised by a board of five members consisting ofthe four persons holding the offices, from time to time, of City Manager and Director of Public Works of the City of Charlottesville and County Executive and County Engineer of Albemarle County and a fifth person appointed by the concurrent action of the Council of the City of Charlottesville and the Board of County Supervisors of Albemarle County. [emphasis added]. As initially conceived, therefore, the City was to be represented on the RWSA Board of Directors by two City employees, and the County was to be represented by two County employees-the County Executive and the County Engineer. The fifth member of the Board was intended to be a person selected jointly by the City and the County. Thereafter, in 1985, the ACSA came before the Board of Supervisors to request that the Executive Director of the ACSA be placed on the RWSA Board of Directors in lieu ofthe County Engineer. The matter was discussed at a meeting of the Board of Supervisors on October 9, 1985, at which the ACSA advanced its reasons for the suggested change in RWSA Board Membership. Minutes, Vol. 25 at pp. 40-41 (copy attached). The County Engineer was completely agreeable with this suggested change (see. Minutes, Vol. 25 at p. 41), and in the summer of 1986, the Board of Supervisors approved the change apparently without any substantial controversy. See. Minutes, Vol. 25A at p. 189. Following agreement with the City, this change in the composition ofthe RWSA Board of Directors was accomplished by execution ofthe "Second Restated Articles oflncorporation ofRivanna Water and Sewer Authority," signed by the City and the County on August 29, 1986. (Copy attached),!' The Second Restated Articles oflncorporation, under which the RWSA presently operates, provides in pertinent part: (c) The powers of the Authority shall be exercised by a board offive members consisting ofthe four persons holding offices, from time to time, of City Manager and Director of Public Works of the City of Charlottesville, and County Executive and the Executive Director ofthe Albemarle County Service Authority, or such Albemarle County Department head as the Board of Supervisors of Albemarle County may appoint in the Executive Director's place, and a fifth person appointed by the concurrent action of the Council ofthe City of Charlottesville and the Board of County Supervisors of Albemarle County. !! The ''first'' Restatement of the RWSA Articles oflncorporation was executed by the City and the County on December 16, 1985. The purpose of the initial restatement was to place certain limits on the powers ofthe RWSA. Although the ACSA had first suggested placing its Executive Director on the RWSA Board of Directors in lieu of the County Engineer prior to the execution of the ''first'' Restatement of the Articles oflncorporation, the "first" Restatement did not include any changes to the composition of the RWSA Board of Directors. The reason as to why the City and the County did not include this change in the "first" Restatement, and instead incorporated the change in a "second" Restatement executed in August 1986, is unknown to this writer at this time. 2 , J , , [emphasis added]. * * * The term of the member of the ooard serving as such by virtue ofhis office with the Albemarle County Service Authority shall expire upon his ceasing to hold such office or upon the de~ision of the Board of Supervisors that a County Department head shall serve on the board in the Exe~utive Director's pla~e. Any person hereafter holding the office of Executive Director of the Albemarle County Service Authority shall automatically succeed to the membership ofhis predecessor in such office on the ooard of the Authority, unless the Board of Supervisors of Albemarle County has elected to appoint a County Department head to serve on the ooard in the Executive Director's place. [emphasis added]. Wisely, therefore, the Board of Supervisors in 1986 reserved unto future Boards of Supervisors the option to replace the Executive Director of the ACSA with a County Department head on the RWSA Board of Directors should any future Board deem such an action to be in the best interests of the County and its residents. As this option is structured under the plain language of the Second Restated Articles ofIncorporation, the County may exercise this option unilaterally, and without the necessity for agreement by the City. One might also surmise, that these provisions were included by the 1986 Board of Supervisors upon the assumption, that with the passage of time, and with changes in County governmental structure, review of the composition of the RWSA Board of Directors might be necessary and appropriate, at some future time. Clearly, the Board of Supervisors in 1986 took great pains not to tie the hands offuture elected representatives with respect to actions they might deem necessary and appropriate. With this background, it is simply suggested here, that the Board of Supervisors review at a Work Session, a decision made 15 years ago. The purpose of this review would be to determine whether reasons advanced in 1985, for the substitution of the ACSA Executive Director for an Albemarle County Department head on the RWSA Board of Directors, remain valid and justifiable, and whether that decision continues today, to serve the overall best public interest. Whereas the responsibilities and duties of the ACSA have remained essentially unchanged since the time of the 1973 "Four Party Agreement," it has been the observation of this writer and others, that the County Department of Engineering and Public Works has assumed significant new responsibilities, and it has developed new expertise, relating to watershed management and protection-matters of extreme public importance. Since 1986, the County has passed the Water Protection Ordinance, and it has adopted Chapter II of the Comprehensive Plan setting forth this Community's vision regarding the protection of natural resources and cultural assets. Although the ACSA can adequately represent the interests ofthe water customers it serves, including residential, commercial and industrial customers, it may well be, that the Director of the Department of Engineering and Public Works, in conjunction with the County Executive on the RWSA Board of Directors, could more adequately represent today, the broader spectrum of interests within the community, and give voice to their concerns. 3 . J . . . . . Accordingly, your consideration of this suggestion for a review of the present composition of the RWSA Board of Directors would be appreciated. After obtaining the views ofthe ACSA, the RWSA, County Staff, and perhaps with some public input, this Board could make an informed decision as to whether to maintain the status quo with respect to County representation on the RWSA Board of Directors, or whether a change in the level of County representation might be advisable due to the passage of time and changes in circumstance. Whatever the :final resuh of the Board's review, concerned consideration and deliberation of these issues would be healthy for this community, especially during this time when the fragile nature of that which this County has inherited is being so painfully exposed, and when it is so vitally important that all of our governmental entities work effectively and efficiently together to promote the common good. Sincerely, 4 . - , .40 ~ October 9, 1985 (Regular Day Meeting) (Page 15) ._n. un_ _._n___ __ -. - ---.- .... .--_.. h _ - in the Albemarle County part of Scottsvil1e, would that be a legitimate distinction on which to deny that application. Mr. St. John said yes. Mr. Lindstrom said the Board is not then setting a precedent by approving this request. Mr. St. John said absolutely not. Roll was called and the foregoing motion carried by the following recorded vote: AYES: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Lindstrom and Way. NAYS: None. ABSENT: Mr. Henley. Agenda Item No. 13. Request from Albemarle County Service Authority Board of Directors concerning membership on the Rivanna Water and Sewer Authority Board of Directors. The fo~lowing letter dated September 26, 1985 from Mr. Robert R. Humphris, Chairman, Albemarle County Service Authority Board of Directors, was received by the Board of Supervisors: "Attached is a resolution (on file) adopted by the Albemarle County Service Authority Board of Directors on September 19, 1985 requesting Service Authority representation on the Rivanna Water and Sewer Authority (RWSA) Board of Directors. At the time the RWSA was formed the naming of the county executive and county engineer as the County's representa- tives was the logical decision since both of these officials administered the day~to-day operations of the Service Authority. At that time (1973) , the Service Authority served 2026 customers and collected I. annual revenues of $427,645, In the 12 years since then the number of customers has increased to 6624, the annual revenues exceed $3,500,000, ,i and the Authority has hired its own administrative staff. il Ii It is the opinion of the Board of Directors that the interests and 1~ requirements of the Service Authority can most effectively be communi- cated to the regional authority by direct representation on its.Board I' of Directors and that the Service Authority should have the power of I the vote in matters directly affecting it. I: I' In asking that the Service Authority's executive director replace the county engineer on the RWSA Board, the Service Authority acknowledges the important contributions of. the previous and present county engineer in the development of this community's water and wastewater systems." Mr. Robert Humphris addressed the Board. ~. Humphris said it has become increasingly obvious to the Albemarle County Service Author~ Board and staff that there is a need for representation by the Service Authority on the Rivanna Water and Sewer Aut~ty because a lot of decisions are made that affect the Albemarle County Service Authority. When the Rivanna Water and Sewer Authority was set up in the early 1970's, the Artie es of Incorpor- ation allowed for five members, one member chosen jointly by the City and the County, two City staff representatives, and two County staff representatives. At that time, those were I. " very logical choices because Mr. J. Harvey Bailey, the County Engineer, was intimately I associated with all of the workings of the Service Authority, and so was the County Executivel Since that time, the County has grown, the Service Authority has grown, and today the county' Engineer is not intimately associated with the concerns and interests of the Service Authorit~. There are many decisions made that affect the Service Authority'S operations, rate structures:, etc. As a result, the Service Authority is requesting that the County Engineer be replaced by the Executive Director of the Service Authority on the Rivanna Board. Presently, either ii the Service Authority's Executive Director or its engineer attend these meetings as an !i observer and frequently make comments. If this was n~one, the lack of communication would,; l-- be bad and affect the Service Authority in many ways. This change would improve communica- II tio~ and the effect of the power of the Service Author y's vote on matters which affects II them. The Director of Public Works in the City is a member of the Rivanna Board. Also, none:' of 1:: e county members have that close of an attachment to the Service Authority's operations Ii and daily workings. This would be a step in the right direction.: Mr. Fisher asked Mr. Humphris to give the Board an example of where communication difficulties have lead to a problem for the Service Authority. Mr. Humphris said before the, Service Authority started sending an observer to every meeting the Service Authority received" minutes from a meeting held several months earlier and found that there had been a change in ii the rate structure. The increase affected the cost of the water and the Service Authority i was not aware of the decision until several months later. Mr. Fisher said the Director of ' Public Works for the City has responsibilities for water and sewer and also has other if responsibilities which are internalized in that position, which would not be the case with !i either the County Engineer or the Director of the Service Authority. !, I I' :1 The following letter dated October 3, 1985 from Mr. George R. St. John to Ms. Lettie E. ;: I Neher, Cl~rk, was received by the Board, :, "This letter is in reply to your memorandum of September 26, 1985, in which you asked me to forward a memorandum to your office explaining J what the Board of Supervisors would need to do to grant the request of the Albemarle County Service Authority to place the Service Authority's Executive Director on the Board of Directors of the Rivanna Water and I Sewer Authority. In order to effectuate this change, it will be necessary for both the Board of Supe~visors of Albemarle County and the City Council of the City of Charlottesville to adopt concurrent ordinances or resolutions am~ndinq the two body's previous resolutions creatinq the Rivanna Water ana Sewer Authority. It also will be necessary to amend the Articles of Incorporation of the Rivanna Water and Sewer Authority. This can be done in the amending ordinances or resolutions. Prior to adoption. Virqinia Code Section 15.1-1243 requires publication of the ordinance _0. _____,..&..~__ .......... __"'_80 ^~ ......."",<4,.. 'h......._.....'" ,....... .r'h,a, .-'h:lllnrrA tI . . ~ 4 October 9, 1985 (Regular Day Meeting) (Page 16) __u__. -.....-.. "..--- .- +_.. -....- Mr. Bowie said he assumes from the County Attorney's memorandum dated October 3, 1985, that action such as changing the number of members still requires a change in bylaws. Mr. Lindstrom said this request does not change the number of members, it substitutes one member for another. Mr. Humphris said this change would make the Rivanna Board more equal because the City Public Works level is very similar to the Service Authority. Mr. Fisher said he would like to have comments on this from the County Executive. Mr. Agnor said he and Mr. Brent have discussed this over a period of time. This change certainly makes sense administratively as well as practically because of the evolution of the Service Authority as a separate agency with its own executive director. The following letter dated October 2, 1985, from Mr. Donald J. Wagner, was received by the Board: "CUrrently, the County Executive and the County Engineer are members of the Board of Directors of the Rivanna Water and Sewer Authority. The Board of Directors of the Albemarle County Service Authority has recently requested that in this function you replace the County Engineer with the Executive Director of the Service Authority. I was responsible for bringing the idea to the attention of the Service Authority Board, and would like to explain my reasons for making the suggestion. Thanks to your appointments, I am on the Board of Directors of the Service Authority and was a member of the Land Use Regulations Committee (LURC). I believe the suggested change would be helpful in the efficient operation of both the Service Authority and the Engineering Department. First, from my Service Authority viewpoint, the actions of the Rivanna Board have far reaching effects on the County Service Authority, but the Service Authority has no direct input to their deliberations. I believe it would be helpful to both bodies to have the Director of the service Authority sit as a member of the Rivanna board. I have mentioned this to Mrs. Cromwell, and she was receptive to the suggestion. At the same time, from the LURC study, I know there is broad agreement that the County Engineer individually and his department in general has more than enough to do in land use matters and other concerns .in which there is day to day involvement. I believe that at the time the Rivanna board came into being, Harvey Bailey was county Engineer, and had a history of long involvement in county water systems. That is certainly a valid historic reason for the present arrangement, but it seems to me it is time for a change. I have discussed this with both Bill Brent and Maynard Elrod, and they have both indicated general agreement with the idea. If I can provide any further information to help you in your consideration, please let me know." Mr. Agnor said he received a letter from Mr. Maynard Elrod, County Engineer. In the letter Mr. Elrod said he is completely agreeable with the idea of the Executive Director of the Albemarle County Service Authority becoming his replacement on the Rivanna Authority Board. He does not want anyone to be under the impression that his service on the Rivanna Authority Board is a burden and affects his other duties. Mr. Elrod felt that having the knowledge and awareness of water and sewer issues is a benefit to him and his operation in terms of overall county planning and in terms of dealing with developers, etc. Mr. Agnor said he thinks the representation would be more equitable as a parallel to the Director of Public Works because that person is assigned to be specifically in charge of water and sewer, and Mr. Brent being on the Rivanna Board would be the counter part to that position. Mr. Fisher recommended that the Board take this under advisement and discuss the request as a personnel matter in executive session, and try to figure out what would give the County the best representation for the interests that have to be considered, and make a determinatioi next month if possible. One month or two will not make a difference as this request is not that urgent. Mr. Bowie said if the expertise and communications require that the membership and the by-laws be changed, there are two ways to change them, one being to increase the size and the other changing one of the jobs. He would like to think about this a little bit. He also has not seen Mr. Elrod's memorandum and would like to hear what he has to say. Mr. Lindstrom commented that he has heard rumors that the City would like to justify a change in the Four-Party Agreement in order to revise it from stem to stern. Mr. Lindstrom asked if this request would require any changes in the Four-Party Agreement. Mr. Agnor said it would require an amendment. Mr. Agnor said the County would have to take the action suggested by Mr. St. John in hib letter. Mr. Agnor said the Four-Party Agreement sets out the responsibilities of all of the parties to the Rivanna Authority. The concern is that thete could be some effort by the City to minimize those areas of participation and responsibility. Mr. Lindstrom asked if there is any problem anticipated from the City because of this request. Mr. Agnor said he does not believe there would be. He has had a brief discussion of the request with the City Manager. Mr. Lindstrom said this is a simple change but he feels City Council may be looking for an opportunity to fuss about the rest of the agreement. Mr. Agnor said the City Manager said he has not discussed this with the City Council, so he did not know what their reaction would be. Mr. Brent said he has had no conversations with the City. Mr. Fisher suggested this item be deferred until November 13, 1985. , . < .' , ,~ .' CONCURRENT RESOLUTION OF THE COUNCIL OF THE CITY OF CHARLOTTESVILLE AND THE BOARD OF COUNTY SUPERVISORS OF ALBEMARLE COUNTY TO AMEND AND RESTATE THE ARTICLES OF INCORPORATION OF RIVANNA WATER AND SEWER AUTHORITY WHEREAS, by concurrent resolution of the Council of the City of Charlottesville (the City) and the Board of County Supervisors of Albemarle County (the County) and a certificate of incorpora- tion issued by the State Corporation Commission, pursuant to the Virginia Water and Sewer Authorities Act (the Act) , the Rivanna Water and Sewer Authority (the Au thor i ty) ~as incorporated as a public body politic and corporate in 1972; and WHEREAS, the City and the County amended and restated the Articles of Incorporation of the Authority in December 1985 to limit its powers regarding the treatment and transmission of potable ~ater and the treatment and disposal of se~agei ana WHEREAS, the City and the County desire to amend and restate the Articles of Incorporation of the Authority tp\place the Execu- tive Director of the Albemarle County Service Authority, or such Albemarle County Department head as the Board of Supervisors of Albemarle County may appoint, on the Board of the Rivanna Water and Sewer Authority in lieu of the County Engineer of Albemarle County; BE IT RESOLVED BY THE COUNCIL Of THE CITY OF CHARLOTTESVILLE AND THE BOARD OF COUNTY SUPERVISORS OF ALBEMARLE COUNTY, I~ SEPARATE MEETINGS ASSEMBLED: l. The Council of the City of Charlottesville and the Board , ... . " of County Supervisors of Albemarle County hereby indicate their intention to amend and restate the Articles of Incorporation of the Authority as provided herein. 2. The Executive Director of the Albemarle County Service Authority, or such Albemarle County Department head as the Board of Supervisors of Albemarle County may appoint in the Executive Director's place, shall serve on the Board of the Authority in lieu of the Albemarle County Engineer. The Executive Director's term of office shall begin a~ such time as a certificate of amendment and restatement is issued by the State Corporation Commission. 3. The Articles of Incorporation of the Authority as amended and restated shall be substantially as follows: SECOND RESTATED ARTICLES OF INCORPORATIJN Of RIVANNA WATER AND SEWER AUTHORITY The Council of the City of Charlottesville and the Board of County Supervisors of Albemarle County having created an Authority pursuant to the Virginia Water and Sewer Authorities Act (Chapter 28, Title 15.1, Code of Virginia of 1950, as amended), -as a public body politic and corporate, and having signified their intention to amend and restate its Articles of Incorporation, hereby certify: ( a) The name of the Authority is -Rivanna Water and Sewer Authority. and the address of its principal office shall be Char- lottesville, Virginia. 2 , . . " (b) The names of the incorporating political subdivisions are the City of Charlottesville and Albemarle County. (c) The powers of the Authority shall be exercised by a board of five members consisting of the four persons holding the offi- ces, from time to time, of City Manager and Director of Public Works of the City of Charlottesville, and County Exec~tive and the Executive Director of the Albemarle County Service Authority, or such Albemarle County Department head as the Board of Supervisors of Albemarle County may appoint in the Executive Directors's place, and a fifth person appointed by the concurrent action of the Council of the City of' Charlottesville and the Board of County Supervisors of Albemarle County. The names and addresses of the current members are as follows: ~ Address Guy f. Agnor, Jr. 23 Orchard Road (Alben,arle County Executive) Charlottesville, Virginia John K. Brent 2535 Milton Hills Drive (Executive Director, Albe- Charlottesville, Virginia marle County Service Authority) D. Cole Hendrix 104 Grover Court (Charlottesville City Manager) Charlottesville, Virginia Judith M. Mueller 503 Second Street N.E. (Charlottesville Director of Charlottesville, Virginia Public Works) The terms of the members of the board serving as such by virtue of their offices with tbe City and tbe County shall expire upon their ceasing to bold such offices. Any person hereafter holding any such office shall automatically succeed to the member- 3 .- ", " .. :., ~ . . - ship of his predecessor in such office on the board of the Authority. The term of the member of the board serving as such by virtue of his office with the Albemarle County Service Authority shall expire upon his ceasing to hold such office or upon the decision of the Board of Supervisors that a County Department head shall serve on the board in the Executive Director's place. MY person hereafter holding the office of Executive Director of the Albemarle County Service Authority shall automatically succeed to the membership of his predecessor in such office on the board of the Authority, unless the Board of Supervisors of Albemarle County ha~ elected to appoint a County Department head to serve on the board in the Executive Director's place. The current term of the appointed member shall expire on May 1, 1988, and his successor shall be appointed for a term of two years, except that a vacancy shall be filled only for the unexpired term. The appointed member shall hold office until his successor has been appointed and qualifies and he shall be eligible for reappointment to succeed himself. The appointed member shall receive such compensation not to exceed $1,800 per year as the board of the Authority may deter- mine, but those members who are employees of the City or the County or the Albemarle County Service Authority shall serve without compensation. Each member shall be reimbursed the amount of his actual expenses necessarily incurred in the performance of his duties. (d) The purpose for which the Authority is formed is to acquire, finance, construct, operate and maintain facilities for . . . - .. . .. o. - - - . . .- -., ..-_.- -.. - 0'.' ..- .' - - - .' developing a supply of .potable water for the City of Charlottes- ville and Albemarle County and for the abatement of pollution resulting from sewage in the Rivanna River Basin, by the impound- ment, treatment and transmission of potable water and the inter- ception, treatment and discharge of wastewater, together with all appurtenant equipment and appliances necessary or suitable therefor and all properties, rights, easements or franchises relating thereto and deemed necessary or convenient by the Authority for their operation. Except to the extent of providing incidental services and the sale of excess products, the Author- ity's powers are limited t~ providing wholesale services to the City and the County. The Authority may contract with the City, the County, any san~tary district thereof or any authority therein created pur- suant to the Act, to furnish water and to treat sewage delivered to its facilities upon such terms as the Authority shall deter- mine; provided, however, that any such contract shall include as parties thereto the City and the County (or any agency of the County designated for that purpose by its Board of County Super- visors). ~he Authority is expressly prohibited from contracting with any other party desiring service in the City or the County, except upon the written consent of the City or County (or any agency of the County designated for that purpose by its Board of County Supervisors), respectively. (e) The Authority shall cause an annual audit of its books and records to be made by the State Auditor of Public Accounts or I . . " an independent certified public accountant at the end of each fiscal year and a certified copy thereof to be filed promptly with the Council of the City of Charlottesville and the Board of County Supervisors of Albemarle County. IN WITNESS WHEREOF, the Council of the City of Charlottes- ville and the Board of County Supervisors of Albemarle County have caused these Res'tated Articles of Incorp9ration to be executed in the names of the City of Charlottesville and Albemarle County, respectively, by their presiding officers and their seals to be affixed and attested by their clerks this ~. day of4!~~II~ r , \.J 1986. CI~ CHARLOTTESVILLE By - Mayor ( SEAL) Attest: ~ ~ ~J~N?d~ ' Board of County Supervisors ( SEAL) ~~- Clerk, Board of County Supervisors 6 I . . .. 4. Public hearings on this proposed resolution have been. held in Council Chambers by the Council of the City at 7:30 P.M. on August 4 , 1986, and the Board of County Supervisors at 1:30 P.M. on August 13 , 1986, in Room 7, County Office Build- ing, 401 McIntire Road, Charlottesville, Virginia. Immediately follo~ing such public hearings or any adjournment thereof, each governing body shall cause to be filed with the State Corporation Commission a record of the proceedings thereof which shall indi- cate ~hether such governing body desires to proceed with the amendment and restatement of the Articles of Incorporation of the Authbrity and whether such governing body called for a ~ererendum pursuant to Section 15.1-1244 of the Act. A copy of this resolu- tion shall have been published one time at least 30 days prior to the date of such public hearings in -The Daily Progress,. a news- paper having general circulation in the City of Charlottesville and Albemarle County, preceded by a notice as follows: NOTICE Of PUBLIC BEARINGS Notice is hereby given that public hearings will be held by the Council of the City at 7:30P.M. on August 4, 1986, in the Council Chamber, City Ball, 7th and Main Streets, Charlottesville, Virginia, and by the Board of County Supervisors of the County at 1:30 P.M. on AUGust 13, , 1986, in Room 7, County Office Building, 401 McIntire Road, Charlottesville, Virginia, on/a Con- current Resolution proposed to be adopted by the Council of the City of Charlottesville and the Board of County Supervisors of 7 " Albemarle County on amending and restating the Articles of Incor- poration of the Rivanna Water and Sewer Authority. SECOND RESTATED ARTICLES OF INCORPORATION OF RIVANNA WATER AND SEWER AUTHORITY The Council of the City of Charlottesville and the Board of County Supervisors of Albemarle County having created an Authority pursuant to the Virginia Water and Sewer Authorities Act (Chapter 28, Title 15.1, Code of Virginia of 1950, as amended), as a public body politic and corporate, and having signified their intention to amend and restate its Articles of Incorporation, hereby certify: ( a) The name of the Authority is .Rivanna Water and Sewer Authority. and the. address of its principal office shall be Char- lottesville, Virginia. (b) The names of the incorporating political subaivisions are the City of Charlottesville and Albemarle County. ( c) The powers of the Authority shall be exercised by a board of five members consisting of the four persons holding the offices, from time to time, of City Manager and Director of Public works of the City of Charlottesville and County Execut1ve and Executive Director of the Albemarle County Service Authority, or such Albemarle County Department head as the Board of Supervisors of Albemarle County may appoint in the Executive Director's place, and a fifth person appointed by the concurrent action of the Council of the City of Charlottesville and the Board of County 8 . . ~ Supervisors of Albemarle County. The names and addresses of the current members are as follows: ~ Address Guy B. Agnor, Jr. 23 Orchard Road (Albemarle County Executive) Charlottesville, Virginia John W. Brent 2535 Milton Hills Drive (Executive Director, Albe- ~Charlottesville, Virginia marle County Service Authority) D. Cole Hendrix 104 Grover Court (Charlottesville City Manager) Charlottesville, Virginia Judith M. Mueller 503 Second Street N.E. (Charlottesville Director of Charlottesville, Virginia Public Works) The terms of the members of the board serving as such by virtue of their offices with the City and the County shall expire upon their ceasing to hold such offices. Any person hereafter holding any such office shall automatically succeed to the mem- bership of his predecessor in such office on the board of the Authority. The term of the member of the board serving as such by virtue of his office with the Albemarle County Service Authority shall expire upon his ceasing to hold such office or upon the d~cision of the Board of Supervisors that a County Department head shall serve on the board in the Executive Director's place. Any person hereafter holding the office of Executive Director of the Albemarle County Service Authority shall automatically succeed to the membership of his predecessor in such office on the board of the Authority, unless the Board of Supervisors of Albemarle County has elected to appoint a County Department head to serve on the 9 .', . , .- board in the Executive Director's place. The current term of the appointed member shall expire on May 1, 1988, and his successor shall be appointed for a term of two years, except that a vacancy shall be filled only for the unexpired term. The appointed member shall hold office until his successor has been appointed and qualifies and he shall be eligible for reappointment to succeed himself. The appointed member shall .receive such compensation not to exceed $1,800 per year as the board of the Authority may determine, but those members who are employees of the City or the County or the Albemarle County Service Authority shall serve with- out compensation. Each member shall be reimbursed the amount of his actual expenses necessarily incurred in the performance of his duties. (d) The purpose for which the Authority is formed is to acquire, finance, construct, operate and maintain facilities for developing a supply of potable water for the City of Charlottes- ville and Albemarle County and for the abatement of pollution resulting frorr. sewage in the Rivanna River Basin, by the impound- ment, treatment and transmission of potable water and the inter- ception, treatment and discharge of wastewater, together with all appurtenant equipment and appliances necessary or suitable there- for and all properties, rights, easements or franchises relating thereto and deemed necessary or convenient by the Authority for their operation. Except to the extent of providing incidental services and the sale of excess prOducts, the Authority's powers 10 , . . . - " are limited to providing wholesale services to the City and the County. The Authority may contract with the City, the County, any sanitary district thereof or any authority therein created pur- suant to the Act, to furnish water and to treat sewage delivered to its facilities upon such terms as the Authority shall deter- mine; provided, however, that any such contract shall include as parties thereto the City and the County (or any agency of the County designated for the purpose by its Board of County Super- visors). The Authority is expressly prohibited from contracting with any other part~ qesiring service in the City or the County, except upon the written consent of the City or County (or any agency of the County designated for that purpose by its Board of County Supervisors) , respectively. (e) The Authority shall cause an annual audit of its books and records to be made by the State Auditor of Public Accounts or an independent certified public accountant at the end of each fiscal year and a certified copy thereof to be filed promptly with the Council of the City of Charlottesville and the Board of County Supervisors of Albemarle County. IN WITNESS WHEREOF, the Council of the City of Charlottes- ville and the Board of County Supervisors of Albemarle County have caused these Restated Articles of Incorporation to be executed in the names of the City of Charlottesville and Albemarle County, respectively, by their presiding officers and their seals to be 11 - . " . . . ~ " r .' affixed and attested by their clerks this 7f""" day of 4~"r!: 1986. F CHARLOTTESVILLE, VIRGINIA Mayor ( SEAL) Attest: ~il ~ ~7~Nf~~ Board of Supervisors ( SEAL) Att~ 7 ~ ~ .~ .~ <<L~ '~lerk, Board of Supervisors 12 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Lease Agreement for Temporary Fire Rescue June 14, 2006 Facility ACTION: INFORMATION: SU BJECT/PROPOSALlREQUEST: Request to authorize County Executive to execute CONSENT AGENDA: lease for temporary fire rescue facility ACTION: X INFORMATION: STAFF CONTACTCS): ~--------- Messrs: Tucker, Foley, Davis, Trank, Eggleston ATTACHMENTS: Yes LEGAL REVIEW: Yes REVIEWED BY: I BACKGROUND: During the FY06/07 budget development process, the Board approved a strategic initiative to begin rescue services in the Hollymead Development Area one year ahead of the Northern Fire Rescue station scheduled opening. The proposal included hiring eight fire fighter/ALS staff and placing the personnel in a temporary facility to staff an ambulance 24/7. The strategic initiative was based on the fact that on average, it takes an ambulance more than 13 minutes to arrive on scene in the Hollymead Development Area from the Charlottesville-Albemarle Rescue Squad (CARS) location on Mcintire Road. A 13 minute response time is more than three times the four minute response time goal as defined in the Comprehensive Plan. Staff believes that the current 13 minute response time is likely to increase over time due to: a) increased traffic along the Route 29 corridor, making it more difficult for CARS to reach the Hollymead PDA; and b) the EMS call volume has outpaced the number of staffed ambulances in the system, making it more likely that an ambulance will not immediately be available to respond. A 24/7 staffed ambulance located in a temporary facility in Hollymead would serve the citizens of the Hollymead Development Area, rural areas of Earlysville, portions of Stony Point, and would back up the Charlottesville-Albemarle Rescue in the southern 29N corridor and the urban ring. STRATEGIC PLAN: 3.0 Enhance the quality of life for all Albemarle County Citizens; 3.1 Make the County a safe and healthy community in which citizens feel secure to live, work and play. DISCUSSION: Since the FY06/07 budget was adopted, staff has been working to develop options for a temporary fire rescue facility in the Hollymead Development Area. Staff based their search on four main factors: location, accessibility, availability, and cost. Staff looked at the option of using the existing Earlysville and Seminole Trail fire stations. However, both stations are approximately 4.5 miles from the middle of Hollymead and therefore, would not have a significant impact on meeting the four minute response time standard as defined in the Comprehensive Plan. Staff also looked at utilizing the existing fire rescue station on the airport grounds. However, the airport fire rescue station was not designed to be a 24/7 facility and does not have sleeping quarters or a kitchen. Staff narrowed the options down to three alternatives; the second floor of the Amvest-Worell Building on airport grounds, a garage/office at 3690 Dobelann Drive, and an open lot at 1581 Airport Road. A comparison of the properties is included in Attachment A. The Amvest-Worell Building requires few modifications, the cost is reasonable and competitive, and operational start-up can be accomplished very quickly. The 3690 Dobelann Drive and 1581 Airport Road sites require the placement of a temporary trailer and utility access, which offsets any other cost savings. It would also require significant preparation. AGENDA TITLE: Lease Agreement for Temporary Fire Rescue Facility June 12, 200S Page 2 Staff believes the Amvest-Worell Building is the most desirable of the options from the standpoint of location, accessibility, availability, and cost. The average cost/sq. ft of similar property is $14-18 without utilities (Summit Reality, June 1, 200S). The Amvest-Worell Building is priced at $11.40 and includes utilities. Staff has been working with Mr. Kent Hunter of Amvest Corporation's management staff to develop an acceptable lease agreement. If the Board approves proceeding with the lease agreement, staff estimates that the rescue services in the Hollymead Development Area will begin during the September 200S time frame. The project includes hiring the eight fire fighter/ALS staff in July, conducting an accelerated recruit school during the summer, making minor modifications to the temporary facility, and taking delivery of the ambulance. BUDGET IMPACT: $30,000 (funds previously approved in the FY06/07 budget) RECOMMENDATIONS: Staff recommends that the Board authorize the County Executive to execute a lease agreement with Amvest-Worell Joint Venture, approved as to content and form by the County Attorney, for the second floor of the Amvest-Worell building for use as a temporary fire rescue facility. ATTACHMENTS Attachment A - Northern Ambulance Temporary Facility Options OS.084 ____ ...c::: C ~ci. 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"'" ~ ....... ~ "'0 ~ ,- C'Q: U = U 'iii b So'<:) s:!2:a ll) ~ 'iii"""3 C .... 0 ~ e -5 t.::: os t ~ .~ ~ e a:E.~ 'C :E E ~ N M ~ l::~cl::u'iii~E~ 0.. o..'<:)...c::: B '<:) -0 o",~o.:!:!>ll)::l..!:l E e ~ ll) ll) ~ "'0 N~~U~~~~~ _ 0... ~ ;> ~ ~ < COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Authorize the County Executive to Accept Deeds June 14, 200S and to Enter into License Agreements for Greenways ACTION: INFORMATION: SUBJECT/PROPOSAL/REQUEST: CONSENT AGENDA: Resolution authorizing the County Executive to ACTION: X INFORMATION: accept deeds and to enter into license agreements for greenways ~~ ATTACHMENTS: Yes STAFF CONTACTCS): Tucker, Foley, Davis, Kamptner REVIEWED BY: ( LEGAL REVIEW: Yes BACKGROUND: One objective of the Comprehensive Plan is to establish a countywide network of greenway trails. The Comprehensive Plan provides that the key functions of the greenway trail system are to: (1) protect important and/or sensitive resources; (2) provide recreational and educational opportunities; (3) provide an alternative transportation system; and (4) provide an economic benefit. Greenways may be acquired as the result of a proffer accepted with a rezoning, in conjunction with the development process, or through donations and other voluntary means. Deeds may convey either a fee simple interest or an easement in the greenway lands. Deeds conveying a fee simple interest are typically in the form of a deed of dedication that describes the land to be conveyed and the public purpose to be served. Deeds of easement set forth the rights and responsibilities of the landowner and the County, including the County's rights and obligations to maintain the trail improvements within the easement. Under Virginia Code ~ 15.2- 1803, the Board must authorize the County Executive to accept these deeds on behalf of the County. In license agreements, landowners would grant the County permission to enter and use their land to establish a greenway trail, but would not convey an interest in the land itself. A license agreement has been considered when the lands would soon be developed and the parties do not wish to permanently fix the location of the trail. The County would install few, if any improvements besides the trail itself, on lands under a license agreement. The first license agreements are currently being negotiated. The Board is enabled to generally delegate the authority to the County Executive to accept deeds and to enter into agreements such as a license agreement. STRATEGIC PLAN: 4.2 Fund County services in a fair, efficient manner and improve needed public facilities and infrastructure. DISCUSSION: The efficiency of County government would be improved by generally delegating the authority to the County Executive to accept deeds and license agreements pertaining to greenways. A proposed Resolution authorizing the County Executive to accept such conveyances and to enter into such agreements is attached as Attachment A. BUDGET IMPACT: This authorization will streamline the process and minimize staff resource requirements that would otherwise be required for staff to schedule the authorization for a Board meeting, prepare an executive summary, and then have the Board of Supervisors act on the authorization. For those conveyances that are associated with a development application, this authorization would save the applicants 3 to 6 weeks of possible delay. RECOMMENDATIONS: Staff recommends that the Board adopt the attached Resolution (Attachment A) to authorize the County Executive to accept deeds conveying fee simple and easement interests, and to enter into license agreements easements, for greenways, provided that the deeds and agreements are approved as to form and content by the County Attorney. ATTACHMENTS: A - Resolution 06.079 Attachment A RESOLUTION TO AUTHORIZE COUNTY EXECUTIVE TO ACCEPT DEEDS CONVEYING FEE SIMPLE AND EASEMENT INTERESTS, AND TO ENTER INTO LICENSE AGREEMENTS, FOR GREENW A YS WHEREAS, the County of Albemarle may acquire lands for its greenway trail system through Deeds conveying either fee simple or easement interests, and may acquire temporary permission to use land for a greenway trail through License Agreements; and WHEREAS, such Deeds and License Agreements transfer ownership of property or set forth the rights and responsibilities of the landowner and the County, including the County's rights and obligations to maintain the improvements within the easement or license area; and WHEREAS, the efficiency of government is improved by delegating the authority to the County Executive to accept such Deeds and to enter into License Agreements on behalf of the County. NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors authorizes the County Executive, on behalf of the County, to accept Deeds conveying fee simple and easement interests, and to enter into License Agreements, for property to be used for the County's greenway trail system, provided that such Deeds and License Agreements are approved as to form and content by the County Attorney. 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. Domer - - Mr. Rooker - - Mr. Slutzky - - Ms. Thomas - - Mr. Wyant - - RESOLUTION TO AUTHORIZE COUNTY EXECUTIVE TO ACCEPT DEEDS CONVEYING FEE SIMPLE AND EASEMENT INTERESTS, AND TO ENTER INTO LICENSE AGREEMENTS, FOR GREENWAYS WHEREAS, the County of Albemarle may acquire lands for its greenway trail system through Deeds conveying either fee simple or easement interests, and may acquire temporary permission to use land for a greenway trail through License Agreements; and WHEREAS, such Deeds and License Agreements transfer ownership of property or set forth the rights and responsibilities of the landowner and the County, including the County's rights and obligations to maintain the improvements within the easement or license area; and WHEREAS, the efficiency of government is improved by delegating the authority to the County Executive to accept such Deeds and to enter into License Agreements on behalf of the County; NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors authorizes the County Executive, on behalf of the County, to accept Deeds conveying fee simple and easement interests, and to enter into License Agreements, for property to be used for the County's greenway trail system, provided that such Deeds and License Agreements are approved as to form and content by the County Attorney. 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 six to zero, as recorded below, at a meeting held on June 14. 2006. Ave Nav Mr. Boyd y - Mr. Dorrier y - Mr. Rooker y - Mr. Slutzky y - Ms. Thomas Y - Mr. Wyant Y - , COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Approval of Rural Rustic Road Paving Projects Jun 14,2006 SUBJECT/PROPOSAL/REQUEST: ACTION: INFORMATION: Resolution to designate the following road segments as Rural Rustic Roads: CONSENT AGENDA: 1. Woods Edge Road (Route 623), from Route 616 ACTION: X INFORMATION: to the end of state maintenance; 2. Hacktown Road (Route 744), from Route 731 to Overpass of 1-64; ATTACHMENTS: Yes 3. Rocky Hollow Road (Route 769), from Route 20 to the end of state maintenance. REVIEWED BY: - STAFF CONTACTCS): Messrs.: Tucker, Foley, Davis, Graham, Cilimberg, Benish, Wade LEGAL REVIEW: Yes BACKGROUND: The Board of Supervisors recommended sections of Woods Edge Road, Hacktown Road and Rocky Hollow Road for paving under the Rural Rustic Road program in the County's Six Year Secondary Road Priority List and VDOT's Six Year Secondary Road Construction Plan. Rural rustic roads are paved at a width based on reduced and flexible standards that leave trees, vegetation, side slopes and open drainage abutting the roadway undisturbed to the maximum extent possible without compromising public safety. Rural rustic road standards allow a road to be paved within a 30' easement. In a traditional paving project, improvements are done within a 50' right of way. Roads paved using rural rustic road standards are considerably less expensive than traditional paving. STRATEGIC PLAN: 3.1 Make the County a Safe and Healthy Community in which citizens feel secure to live, work and play. DISCUSSION: VDOT requires a resolution (Attachments A, B and C) from the Board of Supervisors designating Rocky Hollow Road, Hacktown Road and Woods Edge Road as Rural Rustic Roads and requesting that they be paved using Rural Rustic Road standards. Staff mailed a letter to every property owner along these three roads informing them of the project. The purpose of the letter was to inform residents that VDOT would pave their road using rural rustic road standards instead of traditional paving standards. They were given until May 23, 2006 to contact the County if they objected to rural rustic paving. Staff did not receive any correspondence noting opposition to the project. Staff did receive numerous calls from residents from all three roads supporting the rural rustic road paving project. If approved by the Board of Supervisors, VDOT will begin work immediately using state forces. Each project will take 45-90 days to complete. BUDGET IMPACT: These projects are included in the County's Six Year Secondary Road Priority List and will be paid for by VDOT. RECOMMENDATIONS: Staff recommends the Board of Supervisors adopt the attached resolutions designating sections of Woods Edge Road, Hacktown Road, and Rocky Hollow Road as Rural Rustic Roads and requesting VDOT to improve these roads as Rural Rustic Road projects. I I l AGENDA TITLE: Approval of Rural Rustic Road Paving Projects July 5, 200S Page 2 ATTACHMENTS Attachment A - Woods Edge Road Resolution Attachment B - Hacktown Road Resolution Attachment C - Rocky Hollow Road Resolution 06.081 Attachment A RESOLUTION Woods Edge Road WHEREAS, during the 2002 session of the General Assembly, legislation was passed to revise section 33.1-70.1 of the Code of Virginia, to allow for the improvement and hard surfacing of certain unpaved roads deemed to qualify for and be designated a Rural Rustic Road; and WHEREAS, such roads must be located in low-density development areas and have a minimum of 50 vehicles per day (vpd) but no more than 500 vpd; and WHEREAS, this Board is unaware of pending development that will significantly affect the existing traffic on the road; and WHEREAS, the citizens using this road have been informed that this road may be paved under rural rustic road standards with minimal improvements; and WHEREAS, this Board believes that the segment of Route 623 (Woods Edge Road) between Rt. 616 and the end of state maintenance should be designated a Rural Rustic Road because of its qualifying characteristics; and WHEREAS, the road segment aforesaid is in the Board's Six Year Plan for improvements to its secondary system of state highways: NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors hereby designates and requests VDOT's Resident Engineer to concur in the aforesaid road segment as a Rural Rustic Road. BE IT FURTHER RESOLVED, that this Board requests that this road segment be hard surfaced and, to the fullest extent prudent, be improved within the existing rights of ways and ditch lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in its current state. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. 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 Nav Mr. Boyd - - Mr. Dorrier - - Mr. Rooker - - Mr. Slutzky - - Ms. Thomas - - Mr. Wyant - - Attachment B RESOLUTION Hacktown Road WHEREAS, during the 2002 session of the General Assembly, legislation was passed to revise section 33.1-70.1 of the Code of Virginia, to allow for the improvement and hard surfacing of certain unpaved roads deemed to qualify for and be designated a Rural Rustic Road; and WHEREAS, such roads must be located in low-density development areas and have a minimum of 50 vehicles per day (vpd) but no more than 500 vpd; and WHEREAS, this Board is unaware of pending development that will significantly affect the existing traffic on the road; and WHEREAS, the citizens using this road have been informed that this road may be paved under rural rustic road standards with minimal improvements; and WHEREAS, this Board believes that the segment of Route 744 (Hacktown Road) between Rt. 731 and the overpass of Interstate 64 should be designated a Rural Rustic Road because of its qualifying characteristics; and WHEREAS, the road segment aforesaid is in the Board's Six Year Plan for improvements to its secondary system of state highways: NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors hereby designates and requests VDOT's Resident Engineer to concur in the aforesaid road segment as a Rural Rustic Road. BE IT FURTHER RESOLVED, that this Board requests that this road segment be hard surfaced and, to the fullest extent prudent, be improved within the existing rights of ways and ditch lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in its current state. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. 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 Nav Mr. Boyd - - Mr. Dorrier - - Mr. Rooker - - Mr. Slutzky - - Ms. Thomas - - Mr. Wyant - - Attachment C RESOLUTION Rocky Hollow Road WHEREAS, during the 2002 session of the General Assembly, legislation was passed to revise section 33.1-70.1 of the Code of Virginia, to allow for the improvement and hard surfacing of certain unpaved roads deemed to qualify for and be designated a Rural Rustic Road; and WHEREAS, such roads must be located in low-density development areas and have a minimum of 50 vehicles per day (vpd) but no more than 500 vpd; and WHEREAS, this Board is unaware of pending development that will significantly affect the existing traffic on the road; and WHEREAS, the citizens using this road have been informed that this road may be paved under rural rustic road standards with minimal improvements; and WHEREAS, this Board believes that the segment of Route 769 (Rocky Hollow Road) between Rt. 20 and the end of state maintenance should be designated a Rural Rustic Road because of its qualifying characteristics; and WHEREAS, the road segment aforesaid is in the Board's Six Year Plan for improvements to its secondary system of state highways: NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors hereby designates and requests VDOT's Resident Engineer to concur in the aforesaid road segment as a Rural Rustic Road. BE IT FURTHER RESOLVED, that this Board requests that this road segment be hard surfaced and, to the fullest extent prudent, be improved within the existing rights of ways and ditch lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in its current state. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. 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 Nav Mr. Boyd - - Mr. Dorrier - - Mr. Rooker - - Mr. Slutzky - - Ms. Thomas - - Mr. Wyant - - RESOLUTION Rocky Hollow Road WHEREAS, during the 2002 session of the General Assembly, legislation was passed to revise section 33.1-70.1 of the Code of Virginia, to allow for the improvement and hard surfacing of certain unpaved roads deemed to qualify for and be designated a Rural Rustic Road; and WHEREAS, such roads must be located in low-density development areas and have a minimum of 50 vehicles per day (vpd) but no more than 500 vpd; and WHEREAS, this Board is unaware of pending development that will significantly affect the existing traffic on the road; and WHEREAS, the citizens using this road have been informed that this road may be paved under rural rustic road standards with minimal improvements; and WHEREAS, this Board believes that the segment of Route 769 (Rocky Hollow Road) between Rt. 20 and the end of state maintenance should be designated a Rural Rustic Road because of its qualifying characteristics; and WHEREAS, the road segment aforesaid is in the Board's Six Year Plan for improvements to its secondary system of state highways; NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors hereby designates and requests VDOT's Resident Engineer to concur in the aforesaid road segment as a Rural Rustic Road; and BE IT FURTHER RESOLVED, that this Board requests that this road segment be hard surfaced and, to the fullest extent prudent, be improved within the existing rights of ways and ditch lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in its current state; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. 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 meeting hel n June 14, 2006. Ave Nav Mr. Boyd y - Mr. Dorrier y - Mr. Rooker y - Mr. Slutzky y - Ms. Thomas y - Mr. Wyant y - I RESOLUTION Hacktown Road WHEREAS, during the 2002 session of the General Assembly, legislation was passed to revise section 33.1-70.1 of the Code of Virginia, to allow for the improvement and hard surfacing of certain unpaved roads deemed to qualify for and be designated a Rural Rustic Road; and WHEREAS, such roads must be located in low-density development areas and have a minimum of 50 vehicles per day (vpd) but no more than 500 vpd; and WHEREAS, this Board is unaware of pending development that will significantly affect the existing traffic on the road; and WHEREAS, the citizens using this road have been informed that this road may be paved under rural rustic road standards with minimal improvements; and WHEREAS, this Board believes that the segment of Route 744 (Hacktown Road) between Rt. 731 and the overpass of Interstate 64 should be designated a Rural Rustic Road because of its qualifying characteristics; and WHEREAS, the road segment aforesaid is in the Board's Six Year Plan for improvements to its secondary system of state highways; NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors hereby designates and requests VDOT's Resident Engineer to concur in the aforesaid road segment as a Rural Rustic Road; and BE IT FURTHER RESOLVED, that this Board requests that this road segment be hard surfaced and, to the fullest extent prudent, be improved within the existing rights of ways and ditch lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in its current state; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. 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 meeting h d on June 14. 2006. Ave Nav Mr. Boyd Y - Mr. Dorrier y - Mr. Rooker y - Mr. Slutzky y - Ms. Thomas y - Mr. Wyant y - j RESOLUTION Woods Edge Road WHEREAS, during the 2002 session of the General Assembly, legislation was passed to revise section 33.1-70.1 of the Code of Virginia, to allow for the improvement and hard surfacing of certain unpaved roads deemed to qualify for and be designated a Rural Rustic Road; and WHEREAS, such roads must be located in low-density development areas and have a minimum of 50 vehicles per day (vpd) but no more than 500 vpd; and WHEREAS, this Board is unaware of pending development that will significantly affect the existing traffic on the road; and WHEREAS, the citizens using this road have been informed that this road may be paved under rural rustic road standards with minimal improvements; and WHEREAS, this Board believes that the segment of Route 623 (Woods Edge Road) between Rt. 616 and the end of state maintenance should be designated a Rural Rustic Road because of its qualifying characteristics; and WHEREAS, the road segment aforesaid is in the Board's Six Year Plan for improvements to its secondary system of state highways; NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors hereby designates and requests VDOT's Resident Engineer to concur in the aforesaid road segment as a Rural Rustic Road; and BE IT FURTHER RESOLVED, that this Board requests that this road segment be hard surfaced and, to the fullest extent prudent, be improved within the existing rights of ways and ditch lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in its current state; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. 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 meeting held on June 14,2006. Aye Nay Mr. Boyd y - Mr. Dorrier y - Mr. Rooker y - Mr. Slutzky y - Ms. Thomas y - Mr. Wyant y - I COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Requested FY2006 Appropriations June 14, 2006 SUBJECT/PROPOSAL/REQUEST: ACTION: INFORMATION: Request approval of Appropriations #2006081, #2006082, #2006083 and #2006084 totaling CONSENT AGENDA: $166,130.21 for various local government and ACTION: X INFORMATION: education programs. STAFF CONTACTCS): ATTACHMENTS: Yes ~---- Messrs. Tucker, Davis, Breeden, Wiggans; Ms. White REVIEWED BY: I LEGAL REVIEW: Yes BACKGROUND: The Code of Virginia 9 15.2-2507 stipulates that any locality may amend its budget to adjust the aggregate amount to be appropriated during the fiscal year as shown in the currently adopted budget. 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, i.e., General Fund, Capital Funds, E911, School Self-Sustaining, etc. The total of these requested FY 2006 appropriations is $166,130.21. It is anticipated that a budget amendment public hearing will be proposed in July 2006 and these appropriations would be incorporated into it. STRATEGIC PLAN: 4.2 Fund County services in a fair, efficient manner and provide needed public facilities and infrastructure. DISCUSSION: This request involves the approval of four (4) new FY 2006 appropriations as follows: . One (1) appropriation (#2006081) totaling $99,077.39 for education donations and programs; . Two (2) appropriations (#2006082 and #2006084) totaling $33,753.84 for Police Department grants; and . One (1) appropriation (#2006083) appropriating $33,298.98 in funds for three drug seized asset accounts. A detailed description of these appropriations is provided on Attachment A. RECOMMENDATIONS: Staff recommends approval of the FY 2006 Appropriations #2006081, #2006082, #2006083 and #2006084. ATTACHMENTS A - Requested Appropriations 06.080 Attachment A Approoriation #2006081 $99.077.39 At its meeting on May 11, 2006, the School Board approved the following appropriations: The Virginia Commission for the Arts has made grant awards to several Albemarle County Schools. Teacher Incentive Grants were made to Baker Butler Elementary in the amount of $600.00, Hollymead Elementary in the amount of $1,481.00, Meriwether Elementary in the amount of $250.00, Murray Elementary in the amount of $300.00, Stony Point in the amount of $3,600.00, Jouett Middle School in the amount of $300.00 and Western Albemarle High School in the amount of $600.00. These programs will involve interactive activities to include hands on learning experience for students with performing, visual and musical arts. The Virginia Commission for the Arts has awarded Touring Grants to Baker Butler Elementary in the amount of $100.00, Crozet Elementary in the amount of $225.00, Murray Elementary in the amount of $250.00, and Yancey Elementary in the amount of $225.00. These grants awards will help fund a Theatre IV performance for each school. The Department of Environmental Quality in partnership with the Virginia Department of Education has awarded Albemarle County Public Schools with a Watershed Educational Training Grant in the amount of $6,500.00. These funds will be used to implement a Meaningful Watershed Educational Experience (MWEE), which will provide all middle school students with the opportunity to study local watershed resources through hands on classroom activities and field trips. The GE Volunteers has awarded grants to Agnor Hurt Elementary in the amount of $500.00 and to Woodbrook Elementary in the amount of $500.00. These funds will be used to support each school's Reading Advocacy Program by purchasing books for use during in-school, after-school programs and to directly mentor students during reading events. Old Dominion University has awarded Greer Elementary School with an Effective Schoolwide Discipline mini grant in the amount of $1 ,000.00. These funds will be used to develop and implement a schoolwide discipline system that is based specifically on the individual school's needs. Emphasis will be placed on consistency, the entire school staff is expected to adopt strategies that will be uniformly implemented. Dominion Resources has awarded Lisa Kerwien-Harmon, a teacher at Baker Butler Elementary, a grant in the amount of $575.00. These funds will be used to implement her "What's the Matter" classroom science proJect. Quest Communication has compensated the school division for the right of way at CATEC. The amount was calculated by staff and was based on information from the assessor's office to determine the cost per square foot for the right of way. Monticello High School received a donation in the amount of $1,000.00 from Mr. H.M. Walker, Jr. It has been requested that this donation be used to fund any projects or help any student at Monticello High School. Albemarle County Adult Basic Education collaborated with local institutions and agencies when requested to provide tuition classes tailored to the individualized needs of particular students. All expenses are covered through said tuition and registration fees. Expenditures have exceeded appropriation for FY05/06 due to an increase in the number of classes. This program received an additional $7,020.00 in registration fees for FY05/06 and has a local fund balance of $7,960.39 from FY04/05 which may be reappropriated for FY05/06. The Drivers Safety Fund consists of driver's education behind the wheel and the motorcycle safety programs operating on a fee for service basis. Approximately 1300 students are trained each year in Drivers Safety. Operating before school, after school, and in the summer, students receive eighteen hours of training. The latest driving techniques and decision-making skills are emphasized. Expenditures have exceeded appropriations for FY05/06 due to an increase in the number of classes, types of classes offered, vehicle fuel, repair of equipment and purchasing a vehicle. There is a local fund balance in the amount of $74,900.34 from FY04/05 which may be reappropriated for FY05/06. We are requesting permission to use $56,000.00 of the fund balance for FY05!06. Aoorooriation #2006082 $1.500.00 The Department of Motor Vehicles has awarded the Albemarle County Police Department a grant in the amount of $1,500.00 for overtime expenses. This grant is in conjunction with the nationwide "Click It or Ticket" campaign. Albemarle County will be stopping citizens for traffic offenses and in the process checking safety restraint use and giving a ticket if appropriate. There is no local match. Aoorooriation #2006083 $33.298.98 The Police Department and Commonwealth's Attorney Office have received seized asset funds from the Department of Criminal Justice Services in the amount of $33,210.64. These accounts have also earned $88.34 in interest. These monies will be used to purchase office equipment for the Commonwealth's Attorney office and evidence equipment, AED's, traffic enforcement items for the Police Department. Aoorooriation #2006084 $32.253.84 The Albemarle County Police Department has been awarded additional funds for the 2004 Homeland Security Grant. These monies total $32,253.84 and will be used to purchase five mobile surveillance video systems. There is no local match. I I COUNTY OF ALBEMARLE APP# 2006081 APPROPRIATION DATE BA TCH# EXPLANATION: Various Education Programs and Grants SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 2 2000 18100 181109 DONATION J 2 1,000.00 2 3104 18000 181259 REVENUE-DOMINION RESC J 2 575.00 2 3104 18000 189900 MISCELLANEOUS REVENU J 2 1,000.00 2 3104 18000 189919 MISCELLANEOUS REVENU J 2 1,000.00 2 3104 24000 240263 REVENUE- BAKER BUTLER J 2 600.00 2 3104 24000 240266 REVENUE- MURRAY ELEM. J 2 250.00 2 3104 24000 240281 REVENUE- STONY POINT J 2 3,600.00 2 3104 24000 240295 REVENUE- MISCELLANEOL J 2 550.00 2 3104 24000 240328 REVENUE-MURRAY J 2 300.00 2 3104 24000 240330 REVENUE-HOLLYMEAD J 2 1,481.00 2 3104 24000 240332 REVENUE- MERIWETHER L J 2 250.00 2 3104 24000 240356 REVENUE- JOUETT MS J 2 300.00 2 3104 24000 240418 REVENUE- WAHS J 2 600.00 2 3104 33000 330134 REVENUE-MWEE WATERS J 2 6,500.00 . 2 3116 16000 161249 REGISTRATION-ADULT ED J 2 7,020.00 2 3116 51000 510100 APPROPRIATION FUND BA J 2 7,960.39 2 3305 51000 510100 APPROPRIATION FUND BA J 2 56,000.00 2 9000 15000 150320 QUEST EASEMENT-CATEC J 2 10,091.00 1 2304 61101 601300 ED & REC SUPPLIES J 1 1,000.00 1 3104 60203 312500 PROF. SERVICE-INSTR. J 1 225.00 1 3104 60204 601300 ED & REC SUPPLIES J 1 1,000.00 1 3104 60205 601300 ED & REC SUPPLIES J 1 1,481.00 1 3104 60206 601300 ED & REC SUPPLIES J 1 250.00 1 3104 60211 601300 ED & REC SUPPLIES J 1 3,600.00 1 3104 60212 601200 BOOKS & SUBSCRIPTIONS J 1 500.00 1 3104 60213 312500 PROF. SERVICE-INSTR. J 1 225.00 1 3104 60215 601200 BOOKS & SUBSCRIPTIONS J 1 500.00 1 3104 60216 312500 PROF. SERVICE-INSTR. J 1 250.00 1 3104 60216 601300 ED & REC SUPPLIES J 1 300.00 1 3104 60217 312500 PROF. SERVICE-INSTR. J 1 100.00 1 3104 60217 601300 ED & REC SUPPLIES J 1 600.00 1 3104 60217 601300 ED & REC SUPPLIES J 1 575.00 1 3104 60253 601300 ED & REC SUPPLIES J 1 300.00 1 3104 60302 601300 ED & REC SUPPLIES J 1 600.00 1 3104 61101 312500 PROF. SERVICE-INSTR. J 1 3,000.00 1 3104 61101 420100 FIELD TRIPS J 1 3,000.00 1 3104 61101 601300 ED & REC SUPPLIES J 1 500.00 I 1 3116 63348 132100 TEACHER WAGES J 1 9,000.00 1 3116 63348 210000 FICA J 1 688.50 1 3116 63348 312700 PROF. SER. CONSULTANT J 1 500.00 1 3116 63348 520100 POSTAL SERVICES J 1 400.00 1 3116 63348 520301 TELEPHONE-LOCAL J 1 1,000.00 1 3116 63348 530302 TELEPHONE-LONG DISTAN J 1 100.00 1 3116 63348 580000 MISCELLANEOUS EXPENS J 1 600.00 1 3116 63348 580500 STAFF DEVELOPMENT J 1 919.89 1 3116 63348 600100 OFFICE SUPPLIES J 1 1,072.00 1 3116 63348 600200 FOOD SUPPLIES J 1 500.00 1 3116 63348 601300 COpy EXPENSES J 1 200.00 1 3305 61235 132100 PTIWAGES-TEACHER J 1 5,000.00 1 3305 61235 132101 PTIWAGES-TEACHER ADUI J 1 16,500.00 1 3305 61235 210000 FICA J 1 1,645.00 1 3305 61235 600800 VEHICLE & EQUIP. FUEL J 1 2,000.00 1 3305 61236 132100 PTIWAGES-TEACHER J 1 4,000.00 1 3305 61236 135000 PTIWAGES-OFFICE CLERIC J 1 1,000.00 1 3305 61236 210000 FICA J 1 383.00 1 3305 61237 115000 SALARIES-OFFICE CLERIC J 1 3,000.00 1 3305 61237 210000 FICA J 1 230.00 1 3305 61237 331500 R&M EQUIP.-VEHICLES J 1 1,665.00 1 3305 61238 132100 PTIWAGES- TEACHER J 1 6,000.00 1 3305 61238 135000 PTIWAGES-OFFICE CLERIC J 1 1,100.00 1 3305 61238 210000 FICA J 1 544.00 1 3305 61238 600800 VEHICLE & EQUIP. FUEL J 1 1,700.00 1 3305 61238 800500 MOTOR VEHICLE J 1 11,233.00 1 9000 62420 950192 CATEC MAINTENANCE PRC J 1 10,091.00 2000 0501 Est. Revenue 1,000.00 0701 Appropriation 1,000.00 3104 0501 Est. Revenue 17,006.00 0701 Appropriation 17,006.00 3116 0501 Est. Revenue 14,980.39 0701 Appropriation 14,980.39 3305 0501 Est. Revenue 56,000.00 0701 Appropriation 56,000.00 9000 0501 Est. Revenue 10,091.00 0701 Appropriation 10,091.00 TOTAL 198,154.78 99,077 .39 99,077.39 PREPARED BY: Melvin Breeden DATE: 5/24/2006 BD. OF SUPV APPROVAL: Ella W. Carey DATE: 6/14/2006 ACCT. APPROVAL: DATE: ENTERED BY: DATE: COUNTY OF ALBEMARLE APP# 2006082 APPROPRIATION DATE BATCH# EXPLANATION: "Click-It or Ticket" Police Department Grant SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 2 1534 33000 330011 DMV Grants J 2 1,500.00 1 1534 31013 120000 Overtime J 1 1,385.25 1 1534 31013 210000 FICA J 1 114.75 1534 0501 Est. Revenue 1,500.00 0701 Appropriation 1,500.00 TOTAL 3,000.00 1,500.00 1,500.00 PREPARED BY: Melvin Breeden DATE: 5/25/2006 BD. OF SUPV APPROVAL: Ella W. Carey DATE: 6/14/2006 ACCT. APPROVAL: DATE: ENTERED BY: DATE: COUNTY OF ALBEMARLE APP# 2006083 APPROPRIATION DATE BATCH# EXPLANATION: Seized Asset Accounts SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 2 1234 24000 240403 State Drug Asset SeizurE J 2 12,956.27 2 1235 15000 150101 Interest on Deposits J 2 88.34 2 1236 24000 240403 State Drug Assets Seizu J 2 20,254.37 1 1234 22010 800700 Equipment J 1 12,956.27 1 1235 39000 580905 State Drug Seized Asset J 1 88.34 1 1236 39000 580905 State Drug Seized Asset J 1 20,254.37 1234 0501 Est. Revenue 12,956.27 0701 Appropriation 12,956.27 1235 0501 Est. Revenue 88.34 0701 Appropriation 88.34 1236 0501 Est. Revenue 20,254.37 0701 Appropriation 20,254.37 TOTAL 66,597.96 33,298.98 33,298.98 PREPARED BY: Melvin Breeden DATE: 6/2/2006 BD. OF SUPV APPROVAL: Ella W. Carey DATE: 6/14/2006 ACCT. APPROVAL: DATE: ENTERED BY: DATE: I COUNTY OF ALBEMARLE APP# 2006084 APPROPRIATION DATE BATCH# EXPLANATION: Homeland Security Grant SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 2 1545 33000 330001 Grant Rev - Federal J 2 32,253.84 1 1545 31091 800100 Mach. & Equipment J 1 32,253.84 1545 0501 Est. Revenue 32,253.84 0701 Aoorooriation 32,253.84 TOTAL 64,507.68 32,253.84 32,253.84 PREPARED BY: Melvin Breeden DATE: 6/2/2006 BD. OF SUPV APPROVAL: Ella W. Carey DATE: 6/14/2006 ACCT. APPROVAL: DATE: ENTERED BY: DATE: I COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Ordinance Amendment - Elections - Rio Magisterial June 14, 2006 District - Northside Precinct - Change of Polling Place ACTION: INFORMATION: SU BJECT/PROPOSALlREQU EST: CONSENT AGENDA: Set public hearing to consider proposed ordinance ACTION: X INFORMATION: changing the location of the polling place for the Northside Precinct in the Rio Magisterial District. ATTACHMENTS: No STAFF CONTACTCS}: Tucker, White, Davis, Kamptner, Helf, Schermerhorn REVIEWED BY: LEGAL REVIEW: Yes BACKGROUND: Virginia Code ~ 24.2-307 requires that the Board of Supervisors establish polling places by ordinance. Albemarle County Code ~ 2-1 02(C)(4) establishes the Buck Mountain Episcopal Church as the polling place for the Northside Precinct in the Rio Magisterial District. The Albemarle County Electoral Board recently recommended that the polling place be changed to the Earlysville Volunteer Fire Department. STRATEGIC PLAN: 4.1 Provide effective, responsive and courteous service to our customers. 4.2 Fund County services in a fair, efficient manner and provide needed public facilities and infrastructure. DISCUSSION: The proposed change to the polling place for the Northside Precinct is necessary because Buck Mountain Episcopal Church, the current polling place, is located at a dangerous curve on Earlysville Road. When drivers slow down or stop to turn into the Church, other drivers coming around the curve have poor visibility and often have to stop suddenly. Despite police and VDOT assistance at the site on voting days, there are often near-collisions. Earlysville Road is a heavily traveled road, and the traffic and this potential hazard are expected to increase as the population in that precinct continues to grow. Moving the polling place to the Earlysville Volunteer Fire Department would eliminate this driving hazard. In addition, the Fire Department is a newer building and has better handicap access. BUDGET IMPACT: None RECOMMENDATIONS: Staff recommends that the Board set a public hearing on July 12, 2006 to consider adopting an ordinance amendment to change the polling place from the Buck Mountain Episcopal Church to the Earlysville Volunteer Fire Department in the Northside Precinct of the Rio Magisterial District. ATTACHMENTS A - Proposed Ordinance 06.083 Attachment A Draft: 06/02/06 ORDINANCE NO, 06-2(2) AN ORDINANCE TO AMEND CHAPTER 2, ADMINISTRATION, ARTICLE I, ELECTIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 2, Administration, Article I, Elections, is hereby amended and reordained as follows: By Amending: Sec. 2-102 Rio Magisterial District Chapter 2. Administration Article I, Elections Sec. 2-102 Rio Magisterial District, The Rio Magisterial District shall be bounded, and contain voting precincts and polling places, as follows: A. Description of district: Beginning at the intersection of the South Fork Rivanna River and its intersection with the northeastern limits of the City of Charlottesville; then meandering north and west along the South Fork Rivanna River to its intersection with Seminole Trail (U.S. Route 29); then northeast along Seminole Trail to its intersection with the North Fork Rivanna River; then meandering along the North Fork Rivanna River northwest to its intersection with Dickerson Road (State Route 606); then south along Dickerson Road to its intersection with Earlysville Road (State Route 743); then northwest along Earlysville Road to its intersection with Buck Mountain Road (State Route 663); then northwest along Buck Mountain Road (State Route 663) to its intersection with Buck Mountain Road (State Route 664); then northwest along Buck Mountain Road (State Route 664) to its intersection with Buck Mountain Road (State Route 665); then southwest along Buck Mountain Road (State Route 665) to its intersection with Bleak House Road (State Route 662); then south along Bleak House Road to its intersection with Reas Ford Road (State Route 660); then south along Reas Ford Road to its intersection with the South Fork Rivanna River; then meandering southeast along the South Fork Rivanna River to its intersection with Earlysville Road (State Route 743); then south along Earlysville Road to its intersection with Hydraulic Road (State Route 743); then southwest along Hydraulic Road to its intersection with Whitewood Road; then east on Whitewood Road to its intersection with Greenbrier Drive; then east on Greenbrier Drive to its intersection with Seminole Trail (U.S. Route 29); then south on Seminole Trail to its intersection with the northern limits of the City of Charlottesville; then following the limits of the City of Charlottesville east to its intersection with the South Fork Rivanna River, the point of origin. B. Voting precincts: The district shall be divided into five (5) voting precincts, as described herein: 1. Agnor-Hurt Precinct: Beginning at Seminole Trail (U.S. Route 29) and its intersection with Greenbrier Drive; then northeast along Seminole Trail to its intersection with the South Fork Rivanna River; then meandering west and south along the South Fork Rivanna River to its intersection with Earlysville Road (State Route 743); then south along Earlysville Road to its intersection with Hydraulic Road (State Route 743); then southwest along Hydraulic Road to its intersection with Whitewood Road; then east on Whitewood Road to its intersection with Greenbrier Drive; then east along Greenbrier Drive to its intersection with Seminole Trail, the point of origin. 1 Attachment A Draft: 06/02/06 2. Branchlands Precinct: Beginning at the northern city limits of Charlottesville and its intersection with Rio Road East (State Route 631) and the Southern Railroad right-of-way; then northwest on Rio Road East to its intersection with Seminole Trail (U.S. Route 29); then south on Seminole Trail to the northern city limits of Charlottesville; then east with the city limits to its intersection with the Southern Railroad right-of-way and Rio Road East, the point of origin. 3. Dunlora Precinct: Beginning at Rio Road East (State Route 631) at its intersection with the Southern Railroad right-of way; then northeast along the Southern Railroad right- of-way to its intersection with the South Fork Rivanna River; then meandering southeast along the South Fork Rivanna River to its intersection with the Charlottesville City limits; then following northwest along the Charlottesville City limits to the intersection with Rio Road East and the Southern Railroad right-of-way, the point of origin. 4. Northside Precinct: Beginning at the intersection of Seminole Trail (U.S. Route 29) and the South Fork Rivanna River; then northeast on Seminole Trail to its intersection with the North Fork Rivanna River; then meandering northwest to its intersection with Dickerson Road (State Route 606); then south along Dickerson Road to its intersection with Earlysville Road (State Route 743); then northwest along Earlysville Road to its intersection with Buck Mountain Road (State Route 663); then northwest along Buck Mountain Road (State Route 663) to its intersection with Buck Mountain Road (State Route 664); then northwest along Buck Mountain Road (State Route 664) to its intersection with Buck Mountain Road (State Route 665); then southwest along Buck Mountain Road (State Route 665) to its intersection with Bleak House Road (State Route 662); then south along Bleak House Road to its intersection with Reas Ford Road (State Route 660); then South along Reas Ford Road to its intersection with the South Fork Rivanna River; then meandering eastward to its intersection with Seminole Trail (U.S. Route 29), the point of origin. 5. Woodbrook Precinct: Beginning at the northern city limits of Charlottesville and its intersection with Rio Road East (State Route 631) and the Southern Railroad right-of-way; then northeast with the Southern Railroad right-of-way to its intersection with the South Fork Rivanna River; then meandering northwest with the South Fork Rivanna River to its intersection with Seminole Trail (U.S. Route 29); then south on Seminole Trail to its intersection with Rio Road East (State Route 631); then southeast on Rio Road East to its intersection with the Southern Railroad right-of-way and the northern city limits of Charlottesville, the point of origin. C. Polling places: Each voting precinct shall have a polling place at the location identified below: 1. Agnor-Hurt Precinct: Agnor-Hurt Elementary School, 3201 Berkmar Drive. 2. Branchlands Precinct: Senior Center, 674 Hillsdale Drive. 3. Dunlora Precinct: Charlottesville-Albemarle Technical Education Center, 1000 East Rio Road. 4. Northside Precinct: Buck Mountain Episcopal Church, 4133 EBi"lys'.'ille Road Earlvsville Volunteer Fire Denartment. 283 Reas Ford Road. 5. Woodbrook Precinct: Woodbrook Elementary School, 100 Woodbrook Drive. 2 Attachment A Draft: 06/02/06 (8-19-71, S 1; 9-5-72; 7-15-81; Code 1988, S 6-1; 5-15-91; Ord. 95-6(1), 1-11-95; Ord. 98-A(1), 8-5-98, S 2-100(1), S 2-101; Ord. 01-2(1), 5-9-01; Ord. 06-2(2), 7-12-06) I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to _, as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Aye Nay Mr. Boyd - - Mr. Dorrier - - Mr. Rooker - - Mr. Slutzky - - Ms. Thomas - Mr. Wyant - - 3 ....---- COUNTY OF ALBEMARLE EXECUTIVE SUMMARY . AGENDA TITLE: STAFF: ZMA 2005-0005 Liberty Hall (Cross Property) REBECCA RAGSDALE SUBJ ECT /PROPOSALlREQU EST: AGENDA DATE: Liberty Hall is a request to rezone 8.01 acres June 14, 2006 from R-1 to Neighborhood Model for residential and live/work units. ACTION: X INFORMATION: ST AFF CONT ACreS): CONSENT AGENDA: Cilimberg, Echols, Ragsdale ACTION: INFORMATION: LEGAL REVIEW: NO ATTACHMENTS: YES BACKGROUND: The Board of Supervisors reviewed this request and held a public hearing on March 15, 2006. The applicant requested deferral to respond to an adjoining property owner's request regarding a road connection from Liberty Hall to their property. Comments from the public included concern with residential densities, office uses included in the proposal, and impacts on Route 250, including scenic and traffic. The Board shared in these concerns from the public. . DISCUSSION/FINDINGS: The general development plan and other application materials have been revised to incorporate the neighbor's requested changes and to respond to concerns raised by the Board and the public at the March meeting. This includes reducing the number of total residential units from 53 to 51 units and modifying the CT 3 areas of the site to include fewer units, which reduces the density in those areas of the stie. Office uses are no longer proposed as separate uses in the CT 4 areas of the site and the applicant now proposes eight live/work units, which should alleviate previous concerns regarding the amount of non-residential (office) use. (Attachment F-General Development Plan) Staff has found all versions of this proposal to be in conformity with the Crozet Master Plan, which intended for this neighborhood in Crozet to include infill and serve as a center of activity. A table is provided that compares the number of residential units by Crozet Transect (CT) type to the recommended densities of the Crozet Master Plan. The applicant's proposal is consistent with the number of residential units and densities of the Crozet Master Plan and now falls within the mid range of units expected for CT 3 areas. It proposes the maximum number of units for the CT 4 areas of the site, which are expected to include predominantly residential uses with a limited mix of non-residential uses (in this case live/work units). (Attachment A) Some members of the public have raised concerns about the rate at which Crozet is growing and staff has provided a summary of potential dwelling units in Crozet as a "status report" on approved developments and developments under review in Crozet. The Crozet Master Plan does not specify which neighborhoods should develop first in Crozet. (Attachment B) Traffic concerns on Route 250 were also raised at the public hearing and by the Route 250 West Task Force. (Attachment C) The traffic impact mitigation alternatives report provided by the applicant . is included as Attachment D. VDOT has accepted the mitigation that has been proffered by the applicant to address the ultimate mitigation measures to be undertaken on Route 250 when conditions warrant. (Attachment E-Proffers) It is also important to note that residents of this neighborhood would be located within walking distance of retail and commercial uses at Clover Lawn and the future Blue Ridge Shopping Center which would potentially reduce needed vehicle trips. The Crozet Master Plan also strives to improve connections from these neighborhoods to Downtown with an improved ultimate street network and trail system and in the future some form of bus service. This project no longer has an office component but includes live/work units instead, which would potentially further reduce traffic impacts as some residents would work from home. Regarding visual impacts to Route 250, the ARB has offered preliminary review comments that the applicant has included on their application plan with regard to site design and all final architectural details; the site development plans will also be reviewed and approved by the ARB. RECOMMENDATION: Considering the additional changes to the plan to address concerns expressed at the Board's March meeting, staff recommends approval of ZMA 05-05 of 8.01 acres from R1 Residential to NMD Neighborhood Model District with the revised proffers, code of development, and plan. ATTACHMENTS: A. Liberty Hall Residential Units and Density Comparison with Crozet Master Plan B. Summary of Crozet Potential Residential Units C. Route 250 West Task Force Memo, dated March 30, 2006 D. Liberty Hall Traffic Mitigation Report, dated December 23, 2005 E. Liberty Hall Proffers F. Liberty Hall General Development Plan, last revised April 6, 2006 G. Liberty Hall Code of Development, dated April 6, 2006 H. Board of Supervisors Minutes March 15, 2006 for Liberty Hall ~ ~ .E .E CI) CI) <( ~ ~ I- (.) (.) '<::( '<::( z - - . w Q) Q) ~ ~ ~ ~ Q) Q) ~ J:: J:: U - - <( ~ ~ .Q .Q I- CI) CI) I- Z ~ ~ <( <( .- .- CI) CI) ...J s::: s::: c.. ~ ~ ~ ~ 0::: .~ 10 10 "0 .~ 0 Ol "0 W QJ~'<l: ~ QJ~~ ~ I- _0.010 CI) _O-.:rCO CI) ,ft III -..... Q) III -..... Q) \U Ul QJ Ol Ul QJ Ol <( 0 Z Ol 0 Z Ol ::E c. =:3 c. =:3 e -0 CI) e -0 CI) I- ll. QJ ~ ll. QJ ~ Ul Ul w III 8 t; III 8 t; N :J:O<Dr--M :J:o.....o..... o .?:O::NNIO C1l"O :>,O::N(Y)IO C1l"O 0::: 132 ~~ 132 ~~ U :e c "0 C") :e 'c "0 C") W ..J ;:) ~ I- ..J ;:) ~ l- ,- (.) '- (.) ~ . E . E I- Ul2 ~~ Ul2 ~~ o ~ c ::.,- ~ c ::.,- c ;:) t: Ol c ;:) t: Ol I- ::::lc.....o..... OS::: ::::lc.....o..... 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(' pUJ ATTACHMENT 8 COMMUNITY OF CROZET Units Number of ExistinQ Dwelling units as of 6/05, estimated by GDS 1451 SUBDIVISIONS Number of By-Right Dwelling Units/Lots Approved* (FINAL SUB & Final SDP) 2004 & 2005 - No CO's as of 6/05 SUB 04-136 Ballard Field 63 SUB 04-102 Upper Ballard Field 43 SUB 05-113 Westhalll & II (SF) 49 SOP 05-17 Ballard Field Townhouses 79 SUB 05-391 Old Trail Creekside II-Phase 1-Final 35 Total 269 * Final approval and building permits may be issued on these lots. Number of Units/Lots on Approved PRELIMINARY Plats and Site Plans SU B 04-288 Old Trail Creekside 24 SUB 05-259 Old Trail Creekside II - Phase I 96 SUB 05-229 Clayton 27 SUB 05-146 Westhall Phase III 9 SUB 04-134 West End at Western Ridge 17 SOP 05-90 Westhall Phase IV 36 Total 173 REZONINGS Number of Units-Rezonings APPROVED in Crozet since Master Plan Adoption ZMA 04-24 Old Trail Village 2275 ZMA 04-17 Wickham Pond 107 Total 2382 Number of Units-Rezonings UNDER REVIEW ZMl\ 02 05 Foothill Crossing withdrawn eoo ZMA 05-05 Liberty Hall 51 ZMA 05-07 Haden Place 34 ZMA 05-18 Wickham Pond II 127 ZMA 06-01 Westhall Phase V 38 ZMA 06-03 Jarman Hill 96 Total 346 {3bS; 4 Attachment C . Route 250 West Task Force --------------------- County of Albemarle Department of Planning and Community Development 401 Mclntire Road Charlottesville, V A 22902-4596 TO: Rebecca Ragsdale, Senior Planner FROM: Route 250 West Task Forcl~ DATE: March 30, 2006 REF: ZMA-2005-005 Liberty Hall . The Route 250 West Task Force, which was charged by the Board of Supervisors to review and make recommendations with regards to transportation improvements and development proposal impact along the Route 250 West corridor, has reviewed the Liberty Hall development's rezoning request. The Task Force does not support the Liberty Hall development as proposed due to the increased density request and the negative impact that additional density will have on the local road network. The Task Force requests the Board of Supervisors not to support this rezoning until all transportation impacts are addressed. The Task Force appreciates the opportunity to provide comments and would be happy to provide additional input. cc: County of Albemarle Board of Supervisors . \;<-$' 5 Attachment 0 RENAISSANCE PLANNING GROUP _._______._._..__....___m__.......___________.__...__._._._.._._..__.__..__m.....____.____.______._.______.____.._......._.___._.._.__.._..... :', "ourhi ~.h:.::~rv)r~.a:.,<;,iil':;:, VL, 2~;qD'';- " ;::ih:::'WlE;: '"~;::t-1,..~.:\(/{':\..3{)-.::.-' .,':,.} ~/9tj..S'5r:~'/ December 23, 2005 Mr. Frank Pohl Weather Hill Development 703 East Jefferson Street Charlottesville, VA 22902 Subject: Liberty Hall Mitigation Dear Frank: To determine the type of mitigation needed to offset traffic impacts generated by the proposed Liberty Hall development, a sub-area analysis around Liberty Hall was conducted for the PM peak hour using Synchro. Buildout of the sub-area includes currently approved and proposed development. Where development has not yet been proposed, the Crozet Master Plan was used to generate assumptions about the land use and density of development. Beyond the sub- area, traffic operations during the AM peak hour for the intersections of Route 250 at Crozet Avenue and Route 250 at Route 240 were also analyzed using Synchro. PM Peak Hour Analysis Assuming that the Eastern Connector will not be constructed by buildout of this proposed development, the results show that a traffic signal is needed at the entrance to Liberty Hall on "Road A" with a proportionate share of 16.6 percent as a result of traffic generated from Liberty Hall. If the Eastern Connector is constructed through Cory Farm Road, a second traffic signal may be needed at the intersection of Route 250 and Cory Farm Road. If the Eastern Connector is constructed through Road A, no additional mitigation will be necessary. A summary of the results is shown in Table 1 on the following page. Assuming that the Eastern Connector will not be constructed by buildout of this proposed development, both the northbound left turn and southbound left turn movements at the intersection of Route 250 and Road A will operate at a level of service (LOS) of F. With a traffic signal in place, all movements are forecast to operate at a LOS of B. The capacity for the combined northbound and southbound left turn movements with an unsignalized intersection is 165 vehicles during the PM peak hour. Installing a signal increases the combined capacity to 497 vehicles during the PM peak hour. Liberty Hall is forecast to generate 55 southbound left turn trips during the PM peak hour. The proportionate share is calculated by determining how much capacity will increase after installing a traffic signal and dividing that by the proportion of trips generated by a fSbS" & . RENAISSANCE PLANNING GROUP _____........_.....__.__._.._..........__.......____.__._....___._.._....._.m__...__............._.........._._....___.._.__._..................._.....__..........._._.__..........__...._.__.___....__....___..___ .m_....._.m_.._.___._.._..._...._..... A second alternative that was tested in Synchro is to move the alignment of the Eastern Connector to Road A. The analysis indicates that the additional traffic load on the intersection of Route 250 and Road A will have a minimal impact while reducing the potential need for a second signal at Cory Farm Road. This alignment would have an impact on the proposed Liberty Hall development, although this impact will be minimized through a neighborhood-oriented roadway design as the Liberty Hall site plan already indicates. .AM: Peak Hour Analysis A Syncro analysis was also conducted to analyze the impacts of the Liberty Hall development during the AM peak hour at the intersections of Route 250 at Crozet Avenue and Route 250 at Route 240. The level of service at both intersections remains unchanged between the background condition and the addition of trips from Liberty Hall. The intersection of Route 240 and Route 250 is projected to fail with or without the development of Liberty Hall. The failing movement at this intersection is the SB left turn from Route 240 onto Route 250. As the Liberty Hall development is not projected to add any traffic to this turning . movement, no mitigation should be necessary. Table 2, AM peak hour intersection analyses Intersection Scenario Intersecti Critical Critical on LOS, Movemen Movemen Delay t t LOS, Delay Route 250 and Crozet Existing B, 12.3 s SB thru B, 18.9 s Avenue Backgroun B, 13.0 s SB thru C, 21.0 s d Liberty B, 13-4 s SB thru C, 21.6 s Hall Route 240 and Route 250 Existing E, 33.9 s SBl left F, 77.6 s Backgroun F, 153-4 SBl left F, 324.3 d s s Liberty F, 165.0 SBl left F,356.7 Hall s s (1) Traffic on Route 240 making a left onto Route 250 is considered the southbound left. . Thank you for providing us with an opportunity to review the mitigation alternatives for Liberty Hall. If you have any additional questions or concerns, please let me know. 11)l> S 7 I RENAISSANCE PLANNING GROUP ...._..___._..________._..__.___...~.w_._._...___.___._._..___._....H...___...______..___.N._......_____.._____._.-.--...----.-----.-----. :'; ~:"()(jn\( SHt::.;/;1 \<E: Ch{::U'iul',;.~:i;v;lk-; .<. "-'- '-", ''.-...' ~;(;/ development. In this case, the intersection improvement increases the capacity by 332 vehicles per hour, so the proportionate share is 55 / 332 or 16.6 percent. Table 1. PM peak hour intersection analyses Scenario Intersection Signalization Intersectio Critical Critical n LOS, Movement Movement Delay LOS, Delay No Eastern 250 @ Road A unsignaliz C,30.9 NB left F, 197.8 s Connector ed s 250 @ Road A signalized B, 11.0 NB left B, 15.9 s s 250 @ Cory Farm unsignaliz A, 1.9 s SB left C, 16.1 s Rd ed Eastern Connector 250 @ Road A unsignaliz B,13.0 SB left F, 999.9 @ Road A ed s s 250 @ Road A signalized B,12.6 SB left C, 18.2 S s 250 @ Cory Farm unsignaliz A,2.1S SB left C, 16.9 s Rd ed Eastern Connector 250 @ Road A unsignaliz E,37.7 NB left F, 269.8 @ Cory Farm ed s s Road 250 @ Road A signalized B,11.6 NB left B, 16.5 s s 250 @ Cory Farm unsignaliz B, 7.1 s SB left E, 39.6 s Rd ed 250 @ Cory Farm signalized B, 7.2 s SB left B, 10.9 s Rd If the Eastern Connector is constructed, the Crozet Master Plan indicates that the alignment will be along the existing Cory Farm Road. In this case, a signal will still be needed at the intersection of Route 250 and Road A, and a second signal may be needed at the intersection of Route 250 and Cory Farm Road, as the Synchro results forecast the southbound left turn movement to operate at a LOS of E with 39.6 seconds of delay. Traffic generated by Liberty Hall will have little to no impact on the LOS at this intersection. However, installing these two traffic signals in such close proximity could potentially have a significant negative impact on Route 250 traffic traveling through this corridor. BD<; f . Attachment E Original Proffer X . PROFFER FORM Date of Proffer Signature: 5/31/2006 ZMA #2005-00005 Tax Map Parcels: 56-97 A; 56-97 A 1, portion of 56-97 8.377 Acres to be rezoned from Rl to NMD (Neighborhood Model District) in accordance with the General Development Plan dated April 6, 2006 Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned with the offered Plans approved for development. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning request. 1) The Owner shall contribute $137,600 ($3,200 per unit for 43 units) cash to the County's capital improvement program for the purpose of mitigating impacts from this development. The cash contribution shall be used for transportation improvements (i.e. Eastern A venue), schools, libraries, fire and rescue, parks or any other public use serving the Community of Crozet as identified in the Crozet Master Plan. Contributions shall be payable under one of the following methods, which shall be designated by the County: (1) ninety (90) days after receipt of written notice by the Owner from the County identifying a Capital Improvement Project within the Community of Crozet for which the cash would be applied, provided that contributions for a Capital Improvement Project shall not exceed $50,000 during any sixty (60) day period and said request is after the . County's approval of the first final site plan or subdivision plat within the Project, or (2) in increments of $3,200 cash per lot, for any market-rate townhouse or new detached single family dwelling unit prior to or at the time of issuance of a building permit for any improvement thereon. If the cash contribution has not been exhausted by the County for the stated purpose within (10) ten years from the date of the County's receipt of the final contribution, all unexpended funds shall be applied to a project(s) identified in the County's Capital Improvements Program for the Community of Crozet. 2) The Owner shall provide eight (8) units of affordable housing as identified on the General Development Plan produced by Timmons Group, dated August 15, 2005 and last revised April 6, 2006, entitled "Application Plan - Figure 2". The Owner shall convey the responsibility of constructing the affordable units to any subsequent purchaser of the subject property. The current Owner or subsequent Owner shall create units affordable to households with incomes less than 80% of the area median income, such that housing costs consisting of principal, interest, real estate taxes and homeowner's insurance (PITI) do not exceed 30% of the gross household income. All purchasers of these units shall be approved by the Albemarle County Office of Housing or its designee. The Owner/Builder shall provide the County or its designee a period of 180 days to identify and pre-qualify an eligible purchaser for the affordable units. The 180-day period shall commence upon written notice from the Owner that the units will be available for sale. This notice shall not be given more than 120 days prior to anticipated receipt of tlle certificate of occupancy. If the County or its designee does not provide a qualified purchaser during this period, the Owner shall have the right to sell the unites) without any restriction on sales price or income of purchaser. This proffer shall apply only to the first sale of each of the eight (8) units. 3) Within 30 days after VDOT determines that a traffic signal is warranted at the intersection of Radford Lane and Route 250 or at the intersection of Eastern A venue and Route 250, the Owner shall make a cash contribution to . Proffer Form Liberty Hall Weather Hill Development, LIe. Page 1 eD) q I , the County to pay for its share of the cost to install a traffic signal by others. The Owner's cash contribution . shall be based upon the traffic volume generated by this site at the intersection, as compared to the total traffic volume at the intersection creating the need for the traffic signal, as determined by VDOT, Albemarle County, or the Owner's traffic consultant with the review and approval by VDOT and Albemarle County, and be determined by Albemarle County using an equitable method for determining the Owner's pro-rata share of the cost. This proffer shall be in effect until December 31,2013. 4) The Owner shall dedicate and convey to Albemarle County, prior to the first final site plan approval, a lO-ft "vide access easement to accommodate the construction, maintenance, and use of a Class B primitive trail connecting a sidewalk at the northern end of "Road D" to the property line adjacent the 20' sewer easement on TMP 56-97 as shown on the General Development Plan. The access easement shall be shown on the subdivision plat or site plan for the underlying or adjacent lands within the Project and constructed by Owner in conjunction with the improvements for that subdivision plat or site plan. The primitive trail shall be designed and constructed in accordance with the standards identified in the Albemarle County Comprehensive Plan, Appendix A - Greenway Plan. If the primitive trail access easement is not dedicated as part of a subdivision plat, the Owner shall pay all costs of surveying and preparing legal documents in a form acceptable to the County Attorney necessary to dedicate the easement. 5) Overlot grading Plan - Plats: The Owner shall submit an over-lot grading plan (hereinafter the "Plan") meeting the requirements of Proffer 5 with the application for each subdivision of the Property into single family detached lots and single family attached dwelling units shown on the General Development Plan. The Plan shall show existing and proposed topographic features to be considered in the development of the proposed subdivision. The Plan shall be approved by the County Engineer prior to final approval of the site plan or subdivision plat. The Property within the subdivision shall be graded as shown on the approved Plan. No certificate of occupancy shall be issued for any dwelling on a lot where the County Engineer has determined the lot grading is not consistent with the approved grading Plan. The Plan shall satisfY the following: . a) The Plan shall show all proposed streets, building sites, setbacks, surface drainage, driveways, trails, and other features the County Engineer determines are needed to verifY that the Plan satisfies the requirements of this proffer. b) The Plan shall be drawn to a scale not greater than one (1) inch equals fifty (50) feet. c) All proposed grading shall be shown with contour intervals not greater than two (2) feet. All concentrated surface drainage over lots shall be clearly shown with the proposed grading. All proposed grading shall be designed to assure that surface drainage can provide adequate relief from the flooding of dwellings in the event a storn1 sewer fails. d) Graded slopes on lots proposed to be planted with turf grasses (lawns) shall not exceed a gradient of three (3) feet of horizontal distance for each one (1) foot of vertical rise or fall (3: 1). Steeper slopes shall be vegetated with low maintenance vegetation as determined to be appropriate by the County's program authority in its approval of an erosion and sediment control plan for the land disturbing activity. These steeper slopes shall not exceed a gradient of two (2) feet of horizontal distance for each one (1) foot of vertical rise or fall (2: 1), unless the County Engineer finds that the grading recommendations for steeper slopes have adequately addressed the impacts. e) Surface drainage may flow across up to three (3) lots before being collected in a storm sewer or directed to a drainage way outside of the lots. f) No surface drainage across a residential lot shall have more than one-half (1/2) acre of land draining to it. g) All drainage from streets shall be carried across lots in a storm sewer to a point beyond the rear of the building site. . Proffer Form Liberty Hall Weather Hill Development, LLC. Page 2 (?bS ID . . h) The Plan shall demonstrate that an area at least ten (10) feet in width, or to the lot line if it is less . than (10) feet, from the portion of the structure facing the street, has grades no steeper than ten (10) percent adjacent to possible entrances to dwellings that will not be served by a stairway. This graded area also shall extend from the entrances to the driveways or walkways connecting the dwelling to the street. i) Any requirement of this proffer may be waived by the County Engineer by submittmg a waiver request with the preliminary plat. If such a request is made, it shall include: (i) a justification for the request contained in a certified engineer's report; (ii) a vicinity map showing a larger street network at a scale no smaller than one (1) inch equals six hundred (600) feet; (iii) a conceptual Plan at a scale no smaller than one (1) inch equals two hundred (200) feet showing surveyed boundaries of the property; (iv) topography of the property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of one hundred (l00) feet from the boundary line or a lesser distance determined to be sufficient by the agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; and (vi) the proposed layout of streets and lots, unit types, uses, and location of parking, as applicable. In reviewing a waiver request, the County Engineer shall consider whether the alternative proposed by the Owner satisfies the purpose of the requirement to be waived to at least an equivalent degree. In approving a waiver, the County Engineer shall find that requiring compliance with the requirement of this condition would not forward the purposes of the County's Subdivision and Water Protection Ordinances or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the Project, and to the land adjacent thereto. j) The Owner may request that the Plan be amended at any time, All amendments shall be subject to the review and approval by the County Engineer. k) In the event that the County adopts overlot grading regulations after the date ZMA 2005-00005 is approved, any requirement of those regulations that is less restrictive than any requirement of . Proffer 5 shall supersede the corresponding requirement of this paragraph, subject to the approval of the Director of the Department of Community Development. Signature of Owner: --~1 / ~ Date: May 31, 2006 Marc C. Powell, Managing Member Weather Hill Development, LLC Contract Purchaser and Agent for Robert L. Cross and Jeanne Kerr Cross, current Owners . Proffer F mm Liberty Hall Weather Hill Development, LLC. Page 3 6DS"' / ( 'liMinl:)U! 'J3AltO$:~04: :SU:~~n:il~: ' , ,~.- - ~'~:: .:::- ~_.- '" ~I JpUO 'bu!pp!q uo.l do"ld ~!llnf:)lul &41 bUI)jDls UC!PrulSUO:>ne:~:) SNOri~ll JO ^l-l& N . .4\ \004'" . 0' 'ow P"' d .... 00' ~ll'" ...",,, P""P"'''.q \ _ ........ ,- ~::,,,~.";~ ,~ " " - " ... III v' \.~,-~"""'" ., A" .A II> -~.. - -. ~'"' '~.^"-~, PI ~ ~-~ N 2 '90 .Jd~ ~3 E I .... ...d~~'21 900 8 ~ ~~ ~ c-.J - u ~~. I 1-1 _ "~~ ~.~ 0( ,~ ...I ... '-- 01::::::::: .... ,......, v' LL 0 ~~~ ~~"8 . <l - ~"~~& "~~~" w Ul c: ~~~.~ ~~~~8. ,It. c '" cc. 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Liberty Hall (Cross Property), Sign #69. Public Hearing on a Proposal to: ezone 8.01 acres from R1 (1 unit/acre) Residential to NMD Neighborhood Model District - residential (3 - 34 units/acre) mixed with commercial, service and industrial uses to allow office uses up to approx 8,500 square feet in size and up to 53 residential units in single family, townhouses, and multifamily. Proffers: Yes. Existing Comprehensive Plan Land Use/Density: Crozet Master Plan designates the property CT3 Urban Edge: single-family residential (net 3.5-6.5 units/acre) supporting uses such as religious institutions and schools and other small-scale non-residential uses, and CT4 Urban General: residential (net 4.5 units/acre single family, net 12 units/acre townhouses/apartments, net 18 units/acre mixed use) with supporting uses such as religious institutions and schools and mixed uses including retail/office. Entrance Corridor: Yes. Location: TM 56, Parcels 97A, 97A1 & 97 (only a .833 acre southwest portion of the property as shown on the General Development Plan) along Radford Lane near its intersection with Rockfish Gap Turnpike (Rt 250 W). Maqisterial District: White Hall. (Public Hearing advertised in the Daily Progress on February 27 and March 6,2006.) Mr. Cilimberg said before he begins the staffs report, he will say that the applicant has requested that the Board not take action on this request tonight, but would still like to receive comments from the Board and the public. He said the Board had been provided with a staff report and executive summary giving an update on the status of the project based on the Planning Commission's action (All reports are on file in the Clerk's Office with the permanent records of the Board of Supervisors). He said he can summarize that report or go straight to hearing from the applicant and the public. He then offered to answer questions. Ms. Thomas asked what would be required on Route 250 in terms of stoplights. She said the Renaissance Planning Group (Page 58 of the staff report) talks about the detrimental impact on Route 250 of having traffic intersections with Road "A" and having a second signal at Cory Farm Road. She said that after the applicant has spoken she would like to have more discussion of that point. Mr. Cilimberg said today the applicant has presented an updated proffer that addresses some technicalities. He said the applicant will speak tonight about a change in the Plan they want to have considered as a follow-up to tonight's eeeting. Mr. Rooker said if there were no further questions for staff, he would open the public hearing and invite the applicant to speak. The public will be invited to speak tonight, but this petition will be coming back to the Board at another time so the public hearing will be continued to the deferral date. Mr. Vito Cetta of Weatherhill Homes addressed the Board. He said he will give the full presentation, and then when the request comes back to the Board, he will just address any changes. He said the growth areas of the County are focused into only small parts of the County, which he supports along with restricting development in the rural areas. This proposed development is a result of the Crozet Master Plan, is well done and accomplishes all the things expected to be accomplished. He showed on a map where the project will be located. It is near the Blue Ridge Building Supply and across the street from an approved commercial project where a Harris Teeter Store will be located along with other shops. It is also near Clover Lawn where there are commercial buildings going in the front of that property along with mixed-use commercial. Mr. Cetta said the Crozet Master Plan suggests interconnectivity. There is a parcel behind his development and access is being given to that parcel. That is actually the reason for the deferral tonight. That neighbor did not like the relocation of a road so they will be accommodating him. The deferral is so the County can review that change and have this neighbor also approve of the change. Their property gives access to the land behind it and to the land to the right and ties the property over to the proposed Eastern Connector. He pointed out where improvements would be made to the road leading to Route 250. He said they have acquired easements for the road, and also offsite sewer easements. The road will be continued to the east, north and to the west. Mr. Cetta said this project has 53 units, down from the 75 originally planned. The density of this project is at about 70 percent of what is recommended in the Master Plan. He said they are keeping the existing house on the property. The road is extended to the Covels property. Rather than putting in a pond for stormwater detention, it will be .uried and there will be a recreation area. He noted the location of Lickinghole Creek on a map and the location of a rge portion of land in that area which is undevelopable. They have provided access to that area so that someday there ight be walking and hiking trails. Mr. Cetta said there are a variety of homes proposed in the project; single-family homes, larger townhouses, a stacked flat, a townhouse with affordable stacked flats on the end, and a small office building with apartments above. He March 15, 2006 DRAFT Liberty Hall Petition (Page 2) said this project was turned down by the Planning Commission because they wanted two sidewalks in all areas, and ther~ was one area where he did not think it was needed. Also, one area of the project was located on a critical slope and the Commission did not want that slope disturbed. Mr. Cetta said there are a variety of houses proposed in this development. The larger houses will sell for about $500,000 and the stacked flats (the affordable housing) will sell for about $140,000. He said they had changed access to the Covels property; they took the road off of the critical slope. He noted that the site is near Clover Lawn where there is a road which backs up to the Masonic Lodge and it will remain in place. He pointed out the location of the townhouses on the front of the property, the location of the stacked flats, with an alley behind these units and with the garages in the alley. He said they are proud of their Waylands Grant project (nearby) which is the first example in the County of the DISC principles in the Neighborhood Model. The features of the project that he likes are a green strip, street trees, picket fences, houses close to the road, porches, the house is raised, and they are simple houses with interesting colors and the cars will be parked in the back. Mr. Dorrier asked the number of square feet in each house. Mr. Cetta said some of the houses are four stories, and since the house is raised there can be an English basement, so some of the houses are as large as 3,100 square feet. He said it was one of the first things they did using the Neighborhood Model. He said people appreciate not having a big yard, and there is a park across the street. The units are selling well so it shows these kinds of houses will do well. Originally, they were not able to sell these units because they are located next to Gray Rock which has the garages in the front and with no sidewalks. He showed renderings of Parkside because they propose having similar style homes. Mr. Cetta said what they proposed in Parks ide and what they are about to do in Liberty Hall is to have a garden club. He thinks people will appreciate that because there are a lot of small parks in their project. They have met all 12 criteria of the Neighborhood Model - mixture of housing types, variety of prices, density, as well as 15 percent affordable units and cash proffers of $3,200 per unit with the cash being made available sooner in the development process. He added that they have met with the neighbors and addressed their concerns. He said the traffic on Route 250 is less than 50 percent of capacity. They are also tying Clover Lawn's entrance into their entrance. Eventually, when all the units are built there probably will be a need for a traffic signal. He said their road also extends over to the proposed Eastern Avenue so the signal may be needed there instead. They are contributing to the cost of the traffic signal as well. Mr. Rooker asked how that road lines up with the shopping center across the street. He asked if it will be a "T" intersection. Mr. Cetta said that is correct. Mr. Wyant pointed out that the entrance to Cory Farms is 150 yards away. Mr. Cetta confirmed this, stating that it might be more like 200 or 300 yards away. He said all County departments have reviewed their plans. He does not think they have missed doing anything. The density is lower than what they are allowed to do. This is a project they're proud of. Mr. Dorrier asked the size of the lots. Mr. Cetta said there are five different sizes according to the housing type on the site. He said if you're a builder in the Charlottesville area, you want to buy lots. The only player in town is really the Old Trail development; there are enough problems with the cost of lots and the cost of housing. They need competition. Also, they are not out-of-town builders; they are local builders using local suppliers. Places like Old Trail do have big outside builders and they don't use the local trades. He asked Mr. Scott Collins to address the issue of why the change was made in the plan. Mr. Collins, civil engineer representing Weatherhill Homes, addressed the Board. He explained a few changes made to the plan since the Planning Commission's recommendation for denial last month, and staff's recommendation for denial, as opposed to the plan the Board has tonight in its packet. He pointed out a building in Block 1 which was a two- story commercial building of about 13,500 square feet. That building did not conform to the Master Plan. The CT4 zone does not allow a two-story office building so that was changed to a one-story live/work unit with residential units above. The square footage of the commercial aspect of the office building has been reduced to 8,500 square feet with five units above. Mr. Collins said the old plan for Block 2 showed three residential units. The new plan has two residential units. He pointed to one unit that had bordered the critical slope area, actually having a couple of places in critical slopes in that lot, as well as the issue with the sidewalk that Mr. Cetta mentioned earlier. There was not enough room on that side of the road for a sidewalk and planting strip to create a Neighborhood Model street. One lot was eliminated, the lots moved over and none of the lots now encroach on that critical slope area so there is enough room for the sidewalk and that has . . March 15, 2006 DRAFT Liberty Hall Petition (Page 3) eeen included on the new plan. The other change between Block 2 and Block 3 is a roadway connection. That connection was within 10 to 15 feet of the critical slopes area. There was not enough room to construct the road along with erosion control measures to allow the sediment to impact the critical slope areas, so the new plan eliminates that connection to the north. Mr. Wyant asked how Mr. Collins had addressed the neighboring property owner's concern. Mr. Collins said the new plan pictured earlier on a slide shows a new road, eliminating one lot, and bringing that road through a different area. This new road is now in excess of 50 feet from the critical slope areas instead of 15 feet. That gives room for erosion and sediment control measures. All the drainage from the roadway, the houses, the lots, and any impervious area, will be directed to the underground detention system in the back of the property and will not be discharged into the critical slope area or cause further erosion. Mr. Rooker asked what is proposed to provide for maintenance of that underground detention area. Will a homeowner's association do that? Mr. Collins confirmed that it will be part of the homeowner association's responsibility. Mr. Dorrier asked the total number of acres in the project. Mr. Collins said the entire project contains eight acres. Mr. Collins then showed a slide highlighting the changes he just mentioned. Mr. Rooker asked that the applicant's presentation be concluded at this time. Mr. Collins said there was a big change in Block 6. He pointed to the block and said it originally contained 14 town homes, but that has been changed to four single-family homes and seven town homes. That decreased the density in this area and put more density into the CT4 area. The major changes from the plan submitted to the Commission last month are: this plan conforms with the Master Plan in every aspect, it has the interconnectivity the Board wants, it has the live/work unit, it has the amenities which support the community, people can live, work and operate within this community, end although it is on a small scale, it is very similar to some of the bigger projects that have been approved under the rozet Master Plan and it incorporates all the elements of the Crozet Master Plan. Mr. Wyant asked that Mr. Collins point out the location of the connector road to Eastern Avenue. Mr. Collins confirmed that the connection would come through Cory Farms. Mr. Rooker asked if that is over an existing road in Cory Farms. Mr. Wyant said there is a cul-de-sac in Cory Farms now. Mr. Rooker asked if that is a public road in Cory Farms where that connection will be made. Mr. Collins said that is correct. Mr. Rooker asked if that road is built to the property line. Mr. Wyant said he does not think it is, ending in a cul- de-sac soon after entering that development. Mr. Cilimberg said the cul-de-sac is not to the property line, there are lots at the end. He said Mr. Cetta's connection is further north; it is not into a cul-de-sac. Mr. Collins pointed out a cul-de-sac that has a public right-of-way that goes north and then there is a public right-of-way (the old Route 250 right-of-way) which is an extension of the road they show as going across the property. It then goes into another public right-of-way which is not paved at this time, but it can be driven across to the cul-de-sac. Mr. Rooker asked the width of the right-of-way (old Route 250) Mr. Collins had pointed to. Mr. Collins said he did not recall that width at this time. Mr. Slutzky asked the number of units in the CT3 area on the revised plan. Mr. Cetta replied that five units were taken out of that section to accommodate the critical slopes and they were put into the CT4 area. That is addressed in the staffs report. _ Mr. Wyant asked the elevation of the unit which backs up to the Masonic Lodge. Mr. Cetta said it will be a two- tory building. Mr. Wyant said with livable units on the top level, he is concerned about screening from the Lodge side. r. Cetta said there is also an original building on the site, and the trees will remain. With no further questions for staff, Mr. Rooker invited the public to speak. March 15, 2006 DRAFT Liberty Hall Petition (Page 4) Mr. Scott Peyton said he is a lifelong resident of western Albemarle County. He is also President of Scenic 250 which is a citizen's organization committed to the protection and preservation of the scenic, rural and historic assets of the Route 250 West corridor. He acknowledged that the Crozet community, through the master planning process, embraced 250 as a scenic bypass to the community of Crozet, not as a corridor for expanded commercial development. He drew the Board's attention to the fact that Clover Lawn, Blue Ridge Building Supply, and the proposed Blue Ridge Shopping Center are all grandfathered highway commercial properties. They should not be taken as a precedent or a model for expanded commercial development along the 250 corridor. Consequently, Scenic 250 asks the Board to reject the commercial component of this development as being inappropriate and a negative to 250. Furthermore, they believe the overall density of this proposal would have a negative traffic impact on 250 overall. Mr. Morgan Butler, on behalf of the Southern Environmental Law Center, addressed the Board. He sent a letter to the Board yesterday regarding specific concerns SELC has with the Liberty Hall proposal. He said staff and the applicant have repeatedly suggested that the density of the proposal falls below the maximum density allowed in this neighborhood by the Crozet Master Plan. That is incorrect. The staffs report (Page 2) contains a table setting forth the numbers dealing with net residential density. He said most of the land in the Liberty Hall plan falls into the CT3 Transect zone, with the rest in the CT4 Transect category. There are 4.77 net acres of developable land in the CT3 area, and the maximum number of residential units suggested by the Master Plan is shown as 31. In order to arrive at that number of 31, staff multiplied the 4.77 acre number by 6.5. Staff and the applicant claim the 6.5 multiplier is the maximum end of the Master Plan's density range. However, the language in the first column of the table gives the density figures set forth in the Crozet Master Plan so the true range for residential units in CT-3 areas is only 3.5 to 4.5 units per acre. The 6.5 figure is an exception that only applies for accessory apartments, apparently meaning affordable housing, and that constitutes 50 percent of the residential units in the area. He said Weatherhill has offered 15 percent affordable housing units, and has made no indication that it will add any other accessory apartments. As a result, the 6.5 units per acre multiplier does not apply and the 4.5 figure is the true maximum end of the residential range. When you multiply the 4.77 CT3 acres by 4.5, the maximum number of units allowed in the CT3 area falls from 31 to 21. That is the true maximum for residential units the Master Plan sets for this area. Nonetheless, in the column labeled "units proposed", 26 units are proposed for the CT3 area. Applying the correct numbers, it ends up that the Liberty Hall proposal exceeds the maximum number of units for the CT3 area by about five units. He said this change results in the maximum number of residential units allowea for the entire Liberty Hall neighborhood to decrease from 61 to 51. Looking at the bottom row of the table, it shows that 53 units have been proposed for Liberty Hall. Therefore, this project exceeds the maximum density the Master Plan suggests for this neighborhood. Mr. Butler said if you look at the row for the CT 4 area in the same table, it shows that staff multiplied the 1.64 net CT4 acreage by 18 to come up with 30 maximum units. (Time expired) He asked for an additional 30 seconds, to which Mr. Rooker agreed. Mr. Butler said staff has said that when a nonresidential building is proposed for a neighborhood, the acreage on which the nonresidential building would sit must be subtracted from the net acreage before the residential multipliers are applied. It appears that staff forgot to subtract the acreage which will be used for the Liberty Hall office building from the net CT4 acreage. When that acreage is subtracted from the 1.64 acre number it will push Liberty Hall even further over the maximum density threshold. SELC does not favor such a result. He said that while SELC strongly favors the mixed-use Neighborhood Model ideal, it does not feel any office space is necessary in Liberty Hall. There is already a large amount of office space slated for the Clover Lawn development next door, and staff has made clear that the commercial areas of Clover Lawn and the Blue Ridge Shopping Center across 250 will serve as the neighborhood focal points for Liberty Hall. The area does not need anymore office space. Ms. Mary Rice addressed the Board. She thanked the Board members for their service as Supervisors. She said contrary to what one might think, she will not speak against every rezoning in the Crozet growth area if she feels the rezoning really follows the Master Plan, growth is keeping pace with the Master Plan, infrastructure is keeping pace with growth and the rezoning strengthens downtown Crozet. She thinks the Crosses have a right to develop their property. Growth has been thrown right up in front of their house (Clover Lawn town homes) and she appreciates the position they are in. The main problem she has with this development is its commercial aspect. She said if one had driven on Route 250 recently, they would see the Clover Lawn commercial space which is under construction. A site plan has been approved for two 16,000 square foot commercial buildings on the Clover Lawn side of the street. Across the street is to be a 34,000 square foot grocery store, another 11,000 square foot building and a 7,000 square foot building; that is a total of 84,000 square feet. She thinks these will be destination centers. Ms. Rice said when this area on Route 250 was designed as a neighborhood in the Master Plan, both the planners and the community knew there were grandfathered areas there and some houses should be built there to turn it into a walkable neighborhood. To add anymore non-residential uses in that area is highly inappropriate. She asked that . . March 15, 2006 DRAFT Liberty Hall Petition (Page 5) .e Board encourage the applicant to change his development. Also, she urged the Board to drop the densities to a minimum until there is the infrastructure needed to keep up with growth. She said Route 250 is a mess right now. A traffic light is needed in front of the school, and across from Old Trail. They have been told that will not happen for a year. She added that there is no public hearing sign about this request on Route 250; the only public hearing sign is at the end of Radford Lane which is a private road. Before the next public hearing, she asked that there is a sign on Route 250. Mr. Kelly Strickland said he is a member of the Claudius Crozet Park Board. He sent an e-mail with some supporting documents to the Board members this afternoon. Up until last year Weatherhill Homes had been a wonderful neighbor for the Park and helped support the Arts & Crafts Festivals held each spring and fall. Last fall when the Park Board attempted to have Weatherhill Homes honor a promise they made when the Parkside Village subdivision was approved in 1999, Weatherhill Homes denied their request. Basically they rescinded their offer to donate the radio station building along with almost a half acre of land to Claudius Crozet Park. He said this commitment was negotiated and worked on for six months. The subdivision was first denied, then deferred, and finally approved and this was a commitment they made to the community of Crozet and the late Walter Perkins who was an ardent member of the Park Board. He said the building is a 1,600 square foot building with almost one-half acre of land. The Park Board was committed to the building until last fall when it received a deed of gift which contained many restrictions (basically, the Park could only use the building a few days each year when it was scheduled with the homeowners' association at Parkside Village). Meanwhile, the Park Board owned the building and maintained it. It was obvious the Park Board could not keep the building with the restrictions applied. In addition, after waiting five years for Weatherhill Homes to honor their commitment, the Park Board was given one month to accept the deed of gift and when they asked for Weatherhill Homes to meet to discuss the restrictions being imposed, they would not reply. He said they filed a bill of complaint, but it was rejected by Judge Peatross because the gift did not have something in return for it. What was actually in return was the County's approval of the subdivision. (Time Expired) Mr. Strickland asked for a few more minutes to which Mr. Rooker agreed. He is present tonight to ask that the Board, as part of this rezoning application, ask Weatherhill Homes to fulfill their previous commitments to the community ef Crozet. If they cannot fulfill the promises they made in the past, they should work out some like offer working with the ark Board and the community, to honor the commitment. He said there is a public swimming pool in the Park. The park is a nonprofit 501 (c)(3) and will be 50 years old next year. They have League play, Peachtree baseball, soccer, swimming, summer camp, etc. The Park Board does a lot for the community of Crozet, and they need the developers to honor their commitments. It is important that the people of Crozet do not pay for all of the costs of the new developments being built. Ms. Barbara Westbrook addressed the Board. She said she does not have a specific problem with Liberty Hall itself, other than it is "one more straw on the camel's back.' She asked the Board to consider the future before that camel's back is broken. She said the increase in traffic is one of her main concerns. She counted the traffic this morning between 7 a.m. and 9 a.m. right in front of the proposed Liberty Hall and it was just under 1,500 cars in those two hours. There will now be the traffic from Liberty Hall (maybe 600 vtpd) and traffic from Harris Teeter, more traffic from Clover Lawn, and much more traffic when that Eastern Connector is open. She said it seems construction of the Eastern Connector is held up by lack of funding and the need for a bridge. She said the retail space in Clover Lawn will have businesses such as Domino's, a drycleaner, and restaurants which will in effect hurt downtown Crozet. She wants to keep Route 250 from becoming another Route 29 North. She said the schools are already overcrowded; there are trailers at Western Albemarle. She has talked with several bus drivers who are concerned about the traffic. She said to get from the stoplight at the corner of Routes 240/250 only one-quarter mile to the schools in the morning, the bus drivers say it takes between eight and twelve minutes. The school bus drivers are afraid to complain to anyone fearing retribution. (Time expired) She asked for one more minute to speak, to which Mr. Rooker agreed. She said school teachers are scared to complain because of retribution. She knows the County does not want to put a library into the school because of asbestos and stuff, so she asks the person who spoke earlier about putting old people in the library if it is not a little unethical to put old people and children in there now. She said Western Avenue would bring a lot of traffic to the interstate and would help Route 250. Mr. David Wayland said he would like to speak about the build-out in Crozet. He said Crozet is being flooded with .eoPle. He agrees with the changes made to the Liberty Hall request feeling they are positive. Connecting with Eastern venue will have a positive effect on traffic, once the bridge is built. He said if there is the opportunity not to maximize zoning, a lesser density is better if possible. He does not think it should exceed the by-right levels in the Comprehensive Plan. He said if these units are built, people will pour in. The Crozet community is slowly disappearing and he feels sad about it. He said the changes in the community are drastic. March 15, 2006 DRAFT Liberty Hall Petition (Page 6) Mr. Tom Loach addressed the Board. He said other speakers have addressed the local issues of this development, but he would like to address the broader issues. He presented a recording of a telephone memorandum prepared by Gannett Fleming, the consultant to the Rivanna Water & Sewer Authority, regarding Crozet. It came from Ms. Susan Thomas who was the senior planner for the Crozet Master Plan. Of interest is that when she said the projected build-out is 20 years, it is 12,000. He remembers Ms. Thomas was asked for a 50-year build-out so conversely if the number for the Crozet Master Plan was 24,000 as has been suggested, why didn't Ms. Thomas reply as that? The answer is easy; there never was any 24,000 number and Mr. Thomas knew it as the senior planner. Also, further down in the memorandum, the number of homes that Ms. Thomas said would be built in Old Trail would be between 800 and 1,000, which was consistent with what the developer was telling the community and the 1,040 homes which was consistent with the Crozet Master Plan for that area and not the 2,600 homes the Board approved. Finally, what is also interesting is the response from Mr. Thomas Frederick (RWSA) when he said "Since the County had provided to Gannett Fleming that their 20 year projection would reach build-out" Gannett Fleming made a judgment that the 50-year population would be the same as the 20-year, in other words, when the build-out is reached, no more growth would occur in the build-out area, the same logic the community applied to the Master Plan and apparently Ms. Susan Thomas as well. He said he would like to follow-up on what the previous speaker said about the library. He finds it inconceivable to hear tonight that while the community has been talking about using the old school site for either the library or a cultural center (Mr. Wyant, when he was running for office, talked about using the old Crozet School for a community cultural center) and then "behind the community's back" the Housing Authority has been talking about using it for JABA. He said that 1) JABA has already utilized Mountainside, and 2) Mr. Wyant said if it was not used for a library it might eventually be a cultural center, and 3) as far as the feasibility study, in the 1993 Crozet Community Study, the community asked for a feasibility study to be done on that building and no one ever got around to it, and now, oddly enough behind everybody's back, the Daily Progress described the Board's ability to communicate with the community as somewhat dysfunctional, but tonight it has gone beyond that to pathological. There being no one else from the public who wished to speak at this time, the public hearing was closed; Mr. Rooker said the public hearing would be reopened on the date that this request comes back from deferral. He asked to what date this petition is to be deferred. Mr. Tucker said he thinks the applicant can help with that. He is working with his neighbors so staff has no date in mind. It can be deferred until they suggest a date and then the request will need to be readvertised. Mr. Wyant asked about the proffers. He understands the proffers forwarded to the Board are not the final proffers. Mr. Davis said there were some minor corrections necessary on the proffers. He has not seen those corrections yet. There are some minor word changes to Proffer NO.3 that are ongoing. Mr. Wyant asked if the Board members wanted to respond to the proffers they have seen. He thinks that some of them need to be discussed. Mr. Cilimberg confirmed that there were no substantive changes to the proffers, just some technical corrections. Mr. Rooker asked staff to respond to the SELC's analysis of the density recommended by the Master Plan for this area. Mr. Cilimberg replied that staff was calculating maximum and the accessory apartment 50 percent factor that leads to the 6.5 was a judgment call made with affordable housing being provided, that was a maximum for calculating in the CT3 area. He said that is a judgment call. He thinks their number of units ends up being about 5.5; it is not up to the 6.5. Obviously they are short of that. At 4.5, if there is no credit given in density for the provision of affordable housing, rather than accessory units or accessory apartments, it would be a lower number. Mr. Rooker said the table on Page 2 of the report, says "CT3, 3.5, 4.5 acre." He asked if that means the range is 3.5 to 4.5 without consideration of the 6.5 for apartments. He asked if that means the maximum density would be 4.5 unless credit is given. Mr. Cilimberg said that is correct. Ms. Thomas asked if the accessory apartments have to be 50 percent in order to get the 6.5. Mr. Cilimberg said that is right. If the type of unit called "accessory apartments" is provided, there would need to be 50 percent. There are affordable units instead. Mr. Wyant said the way he reads the chart there is a maximum of 4.5 on this parcel. Mr. Slutzky said with the five units which were moved from the CT3, they are at 26 now so they are complying with the maximum of 4.5 in the CT3 portion based on the new configuration. He asked if that is correct. , March 15, 2006 DRAFT Liberty Hall Petition (Page 7) . Mr. Rooker asked the result of 4.5 multiplied by 4.77. Mr. Wyant said it is 4.77 and the Board was told that is 21. He does not think that is the way to multiply. He said that is how the misunderstanding with the Crozet Community Association came about, these things need to be communicated much better to the community. He said it is really 4.5 times the net acreage of 4.77. Mr. Cilimberg said that is correct, the 4.77 times the 4.5 if there was no credit for the 6.5 would be the maximum. That is 21. Mr. Rooker asked about the point on the commercial footprint being eliminated from consideration for residential density. Ms. Rebecca Ragsdale, Planner, said the 18 dwelling units per acre provision would only be applied if mixed use is provided. Staff has not been doing any reductions in acreage other than establishing the net acreage for calculation purposes. She is not sure what Mr. Butler was referring to as far as taking out additiOflal acreage for calculating residential density when there is a mixed use. Mr. Cilimberg said mixed-use could be an over/under situation where there would be an office with a residence above so it would not be taking acreage out of CT 4. He said staff would need to revisit that in the next version of the report on this application. He thinks the tables should show the Board the full ranges, not just maximums. The Board would then be able to see where it fits under the full ranges, not just shown against one maximum amount. In that way, the Board would be able to make a better judgment as to how a project like this one fits. Mr. Wyant said in order to make it clear, it should show how the numbers were derived. He thinks the full thing is needed. Mr. Rooker said if there were a mixed-use in the same building, the question is whether it is still at a maximum density of 18 residential units if there are commercial units in that same building. Mr. Cilimberg said he understands the question. . Mr. Slutzky said Mr. Butler questioned the appropriateness of the office space given what else is around it. He sked if the other Board members had any thoughts about the Neighborhood Model being the goal when it is being satisfied by the other commercial space. Does the Board want to suggest to the developer that that is fine or not fine since he is asking for feedback. Ms. Thomas said she thinks that is a fair question. She had originally felt it would be good to have the over/under, work/live type of situation because there is not much of that in the County. The great thing about public hearings is that you get new ideas. She said someone mentioned earlier that it is 84,000 square feet of commercial and that is a lot of commercial. She does not know whether the County needs any more commercial especially if it going to be a regional attractor type of commercial. In the request just heard, the applicant wanted a live/office type of situation rather than a retail/live situation and the County does not have that use either. Mr. Dorrier said he thought the commercial was being reduced from 13,500 square feet to 8,500 square feet. Several Board members agreed that was right. Mr. Dorrier noted that the Neighborhood Model calls for a mixture of residential and commercial so he is doing what the County wants. Mr. Slutzky said he clearly is. He is just raising the question that the SELC raised when they said this is next to other developments where there are already significant provisions for commercial, an objective of the Neighborhood Model. He wondered if the design of this project within the Neighborhood Model might be unwittingly over-saturating the area. He said there might be a preference for the retail/residential mix that this project proposes. In the context of the marketplace it might make one of the other projects not be built. Mr. Cilimberg said to clarify the situation, the commercial development in Liberty Hall will be office, not retail, with residences above or live/work units. Mr. Rooker said he does not feel it is the time to approve developments at the upper range density called for in _he Crozet Master Plan, as there is a substantial stock of approved residential in the Crozet area. The property might be ight for development at some time, he said, but it is on the fringe of Crozet and does not connect to the downtown area. He said Mr. Cetta is a good developer and he's done some good projects. He said the Board sets the time for approval of rezonings, and that needs to be done in a thoughtful way with respect to the entire community, not just a piece at a time in isolation. He described this as a cul-de-sac development that would enter onto Route 250 and it would exceed the densities called for in the Master Plan. He will not support the petition as presented. March 15, 2006 DRAFT Liberty Hall Petition (Page 8) Mr. Wyant expressed concern about the maximum density overall for Crozet, as the community has been upset by it. He agreed that there needs to be a balance and a mix with each development regarding commercial properties, connectivity, trails, etc. Mr. Tucker said staff has given some thought to this, and it is not just for Crozet, but in all of the development areas, particularly the ones where master plans are being drafted now. The Board may want to consider a policy that evaluates the infrastructure provided with the phasing and rate of development. He emphasized that developments don't always happen quickly, but for some reason the public assumed all will occur at one time. It would be helpful to provide something the community can see regarding how the developments will be phased. It also helps staff define the CIP for infrastructure needs over a period of time. Mr. Slutzky said within the growth areas he is concerned about the rate of development relative to infrastructure. The Board cannot move forward with phasing and build-out strategies without taking an aggressive stance on constraining development in the rural areas. It is hard for him to vote against anything in the growth area because of what it means in terms of pushing that development out into the rural areas. He said the Board needs to have that discussion, and when it does he wants the Board to consider the relationship between the growth area and the rural area. Mr. Tucker said the conceptual plans for the rural area (phasing, clustering and the MOD) will be on the Board's agenda in April. Mr. Slutzky asked if those plans speak directly to his point. Mr. Cilimberg said the plans will be concepts; they will not give numbers. In reality, there are only a certain number of dwelling units being built each year. Normally, it is within the 800 to 1,000 range each year spread over the County. To deal with the development areas staff evaluates them based on what the Comprehensive Plan says should happen (this includes the land use and density element, the design element, the Neighborhood Model element, and the master plans). Staff does not have a guideline stating how much development there should be, and where it should occur first. When building an inventory, the question is where that inventory should be built so the development areas capture what the County wants in those areas versus having that growth fall out into the rural areas. He said staff has nothing that says how the development that is occurring should be phased. He said the Board discussed this a little when first working on Hollymead Towncenter and North Pointe. He said Crozet was master planned around the concept that there would be a significant increase in employment there, so people were living, working and shopping in that downtown. The employment pace is not close to what the residential pace has been up until now. Does the Board want that to be a factor in consideration of what happens in Crozet? A lot of factors play into how the Board might want to guide developments in these areas and phase them over a period of time. Mr. Rooker said he feels the Board and staff should have those discussions. There is a large inventory of approved lots in the development areas for residential. If there were no inventory there, it would force development out into the rural areas. He said there are about 2000 people moving into the County each year, and there is a demand for 900 homes each year. He said there is a significant inventory in the development areas of residential lots. Mr. Slutzky said there are 1,000 new houses in the rural area in some years. Is that inventory enough to forestall it? Mr. Rooker said he does not think it is 1,000. Looking back at the number of annual building permits they have been running about 800 per year. Mr. Slutzky said the Comprehensive Plan contemplates none, so if there is that much activity is there too much supply in the growth areas? Mr. Rooker said that is one argument. There is a need for a healthy supply of lots in the growth area or otherwise prices ratchet up quickly. Because there is an existing significant supply of lots in the growth areas today, there is not that problem. He thinks it is time to be thoughtful with additional rezoning approvals in an area like Crozet where there have been several rezonings already that have created a significant inventory. He said there needs to be a reasonable balance around the County so that everyone moving to the County is not forced to move to Crozet. He said that at this time there are Belvedere, Hollymead Towncenter, Albemarle Place, and other things going into other areas of the County. He thinks . . March 15, 2006 DRAFT Liberty Hall Petition (Page 9) _e Board needs to take its time on this petition. The Comprehensive Plan is a twenty-year plan and that does not mean hat everything that matches the Comprehensive Plan needs to be approved today. Mr. Dorrier said he may be missing something, but he thought the plan was going to be deferred while the applicant worked with the neighbors on a problem. He asked if that was correct. He was not sure the Board was going to debate whether or not the project should go forward and whether or not there should be phased development. He thinks the Board has put that front and center and is changing the direction of the whole operation. He is not sure that is fair to the developer and the public. He said there is a need to talk about phasing and there is a need to talk about whether this development fits in with the scope of building in Crozet. He said the developer developed a plan that is in compliance with the Comprehensive Plan so he is doing what the County asked him to do. He used all 12 parts of the Neighborhood Model plan. What is he supposed to do? Is he supposed to reduce automatically the density to satisfy the Board? First, he wonders whether it is appropriate to talk about this at this time, and second, whether phasing is the right thing to consider at this time. Mr. Wyant agreed with Mr. Dorrier, but said if all the development occurring in Crozet is only one side, it is not really a community. He wants to tie all areas together; there is a problem in Crozet with the railroad track dividing the area. He thinks the Board needs to work to build the community and bond all the community within the development area. He wants to keep Crozet as Crozet and fears that unless the Board is careful, it could end up being like the downtown Charlottesville mall. He wants the whole development of Crozet to be done in a systematic way that builds a community for the people. He has been concerned about the employment side and thinks that is something the Board needs to look at. Mr. Rooker said if Mr. Wyant wants to build a community around Crozet, would it make more sense to have the projects being approved closer to downtown Crozet instead of being located on Route 250 West. There are only so many homes that will be bought next year. If that total for next year is 900 for the entire Albemarle County and 100 of those homes will be in the Crozet area, should the areas on Route 250 use up that demand as opposed to areas that are closer . downtown Crozet. He thinks that generally what is before the Board is a thoughtful plan. He thinks it has exceeded ven the upper end of the densities recommended in the Master Plan. He thinks the Board should approve projects which contribute a significant amount to the infrastructure needed so everything else in the area can work. It might make sense to approve things that will help build a sense of community quicker that are closer to downtown. On Route 250, there are a number of projects using old zoning going forward now. There will be a substantial amount of building over which the Board has no control. He thinks the Board should think long and hard about approving additional rezonings in that area. Mr. Wyant said some developers had talked to him about doing by-right development, but giving the County something a little beyond what they are required to do. He thinks the Board needs to discuss whether this is something it would want to do, let them develop at a lower density in order to get something to help with infrastructure needs. Mr. Slutzky said there is by-right development activity in the growth area, and there is by-right development in the rural area and that creates conflicting dynamics. He said the people living in Crozet and the Rivanna Village have expressed concern because the rate of development in their areas is getting ahead of infrastructure. He thinks there is a temptation to reel back the pace of approvals inside the growth areas out of deference to the practical reality of inadequate infrastructure. Unless the Board is able to downzone or constrict development opportunities in the rural area, there will be more and more pressure to develop in the rural areas. To him that is the worst disaster the County confronts. Until some meaningful constraints on the rate of development activity in the rural areas can be implemented, the Board will not have the luxury of rejecting anything in the growth areas for fear of continuing to push development into the rural areas. He said 800 is too many houses to be built in a year in the rural areas. Mr. Rooker said it has actually been at the 200 or 300 level and that number is not changing. He said if there was not a reasonable inventory of lots in the growth area, the demand would push people out intothe rural area. He is saying today that there is a reasonable supply of lots in the growth areas. Ms. Thomas said there are many lots in the urban area that are "almost" approved. She believes that is why .rozet has seen so much growth in the last year. There are these others where houses cannot be built today: Belvedere, Ibemarle Place and Hollymead Towncenter. She said these places are not quite approved, whereas Old Trail was approved. She said her constituents see that urban sprawl. There is another kind of sprawl she does not want to see and that is to have 11 units on the Liberty Hall property, because that's what the owner could do by-right. One thing that has gotten lost in the discussion is "why should we care?" Why is not low density inside a development area a great idea? She said the County's only way to keep down the traffic congestion and the amount of asphalt put down, and the March 15, 2006 DRAFT Liberty Hall Petition (Page 10) destruction of many natural resources, water and air, is to have a compact development pattern. She said that sprawl is not just because people don't like the look of it. It will affect every single person in the County using Route 250 if the Board has allowed sprawl to be the pattern of development there. There is a lot she likes about the reworked plan - the form of the units, especially the units over the offices, the greenway connections, reuse of the old house, plans to protect the trees, the mix of housing types, - but she also agrees with Mr. Rooker that this is the wrong approval to do at this time because of some of the things that were brought out in the public hearing. Ms. Thomas said the traffic from this project is going onto Route 250 going east, it is not going out to 1-64 because there is no stoplight to make passing the schools any easier. The Eastern Connector is not built yet. It is going to be more of the suburbs without there being a central downtown, particularly in the face of all that commercial development that may take place in this neighborhood. She thinks the County Executive's idea of talking more about phasing is a discussion the Board needs to have quickly. She said it is possible to have nice plans, which this one is, and to have it be the wrong time and the wrong place. If she had to vote tonight, she would probably vote against it. However, she would be sorry if there were only the 11 houses on that property; it would be a very bad idea to get low density suburbs before getting a viable downtown. She said she had spent a great deal of time thinking about what calculates a small rezoning because it is so symbolic of a lot of the questions which are before the Board now. Mr. Rooker commented that for this proposal the applicant will need to decide when he brings it back before the Board. He thinks a majority of the Board wants to have a discussion about the pace of residential approvals looking at the County as a whole in the individual development areas. He suggested that a work session be scheduled for that discussion in the next month or two. Mr. Wyant asked if that discussion will include commercial zoning and employment centers, not just residential. He said those office spaces might be needed. Mr. Slutzky said another aspect to consider is the impact approval of the commercial in this development (he does not know how he would vote if he had to vote tonight), would have on the commercial development near this project. He does not think the Board can look at just the residential, and not the whole proposal. Mr. Tucker said his comments earlier were not related just to this development. He was talking about master planning in general. Mr. Dorrier said he understands that. The Board has talked about phasing before and has always put off doing so. Now, the Board wants to bring it front and center. He would be interested in finding out how other counties are doing it. Mr. Tucker said phasing is always an option for a developer. Many large developments will be phased anyway. What he is talking about is being proactive and discussing it with a developer during discussion of their proffers so it is given consideration. It is harder for small developers to phase. The larger a development, the easier it is to phase that development. The developer has an idea of his market, and what his development activity should be over the next several years. Mr. Cilimberg said there was no phasing proffer for Old Trail other than what was to be done commercially based on the amount of residential happening. Old Trail is the size of many, many of these small developments added together and they can propose to phase because they know they're only going to be developing so much each year. Ms. Thomas said she heard the developer of Old Trail has talked about a 30-year build-out for that project. Mr. Cilimberg said that is a real possibility. For little developments like Liberty Hall phasing means the development will or will not happen now. The development will either make sense now whereas it might not make sense five years from now. There is a different dynamic when the developer owns the property. Mr. Wyant said all of Old Trail developed so far has been by-right. Mr. Cilimberg said all they have done has been by-right through subdivision plats or site plans. Nothing has been submitted for the rezoned area. Mr. Rooker said he thinks this is as far as the Board can get tonight. He said some action needs to be taken on a deferral. At this time, Mr. Wyant moved for an indefinite deferral. . . March 15, 2006 DRAFT Liberty Hall Petition (Page 11) . Mr. Davis said staff will have to readvertise this petition when it comes back to the Board, so another 21 to 28-day delay is needed for the advertising period. Mr. Cilimberg said when staff receives the information from the developer it will take four weeks to get the request to a meeting. Mr. Wyant asked if staff can get information on this thing the Board has talked about today ready in a month. Mr. Cilimberg asked if Mr. Wyant was referring to phasing or the more general discussion. He does not think that could happen before May at the staff level. Mr. Rooker commented that the applicant can bring the plan back at anytime; they do not have to wait for the Board to have the broader discussion. He thinks the Board needs some guidance from the applicant. Mr. Collins said the applicant needs to discuss when this request should come back to the Board so they agree to an indefinite deferral. Mr. Wyant moved again to defer ZMA-2005-05 indefinitely. Mr. Slutzky seconded the motion, which passed by the following recorded vote: AYES: Mr. Rooker, Mr. Slutzky, Ms. Thomas, Mr. Wyant, Mr. Boyd and Mr. Dorrier. NAYS: None. . . , , Kenneth C. Boyd COUNTY OF ALBEMARLE David L. Slutzky Rivanna Rio Lindsay G. Dorrier, Jr. Office of Board of Supervisors Sally H. Thomas Scottsville 401 Mclntire Road Samuel Miller Dennis S. Rooker Charlottesville, Virginia 22902-45% David C. Wyant Jack Jouett (434) 296-5843 FAX (434) 296-5800 WhiteHall June 22, 2006 Mr. Lincoln Lewis 2100 N. Pantops Drive Charlottesville, VA 22911 Dear Mr. Lewis: At the Board of Supervisors meeting held on June 14,2006, you were appointed to serve as the Rivanna District representative on the Board of Social Services. Your term will expire on December 31,2007. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the community in this capacity. I have enclosed an updated roster for your convenience. If you have any questions about the duties of this Board, please call Ms. Kathy Ralston, Director of Social Services, at 972-4010. Sincerely, ~~ Dennis S. Rooker Chairman DSR/ewc Enclosure cc: Kathy Ralston Commonwealth's Attorney County Attorney * Printed on recycled paper Page 1 of2 . . Ella Carey From: L VL2S@virginia.edu Sent: Monday, April 03,2006 11:45 AM To: Ella Carey Subject: Board/Commission/Committee Application Application Information Date of this 04/03/2006 Application: Board/Commission/ Committee Applied Board of Social Services for: NOTE: This Board Name was not on the database Boa rd / Commission/ Committee Affiliation: Rivanna District resident Magisterial District: Rivanna Applicant Name: Lincoln Lewis Address: 2100 N. Pantops Drive Charlottesville, VA 22911 Home Telephone: (434) 295-6556 Email Address: LVL2S@virginia.edu Employer: Business Address: Work Telephone: Occupation/Title: Date of Employment: Years Resident in Albemarle County: 18 Previous Residence: Indianapolis, IN Spouse: No response to this question Number of Children: No response to this question Education: EdD. January, 1982 MBA June 1966 B.S. February 1964 Memberships: Trinity Episcopal Church - Past Senior Warden Piedmont Council of the Arts Ashcroft Neighborhood Association - Past President Interests: NAACP - Executive Committee Reason to Serve: I am interested in becoming involved in the formulation of policies that 4/3/2006 . Page 20f2 . impact the provision of social welfare programs in the County. How did you Hear I was approached by a neighbor who is on the staff of the Department of About Vacancy: Social Serices. SIGNATURE REQUIRED: Lincoln Lewis DATE SIGNED: 4/3/2006 , LEASE AGREEMENT This Lease Agreement ("Lease"), made this 1 st day of August 2006, by and between AMVEST-WORRELL Joint Venture, hereinafter referred to as "Lessor" whose address for purposes hereof is P.O. Box 5347, Charlottesville, Virginia 22905 and the County of Albemarle, hereinafter referred to as "Lessee" whose address for purposes hereof is 401 Mcintire Road, Charlottesville, Virginia 22902 WITNESSETH 1. DESCRIPTION OF PREMISES Subject to and upon the terms, provisions and conditions herein set forth, Lessor does hereby lease, demise and rent to the Lessee and the Lessee does hereby lease, demise and rent from the Lessor office space containing approximately 1,330 square feet located on the second floor of Lessor's airport office facility located at the Charlottesville/Albemarle Airport as more specifically shown on the attached Exhibit A (the "Leased Premises"). 2. ACCEPTANCE OF PREMISES Lessor or Lessor's agents have made no representations or promises with respect to the said Leased Premises or this Lease except as herein expressly set forth. Lessee's taking possession of the Leased Premises shall be conclusive evidence, as against Lessee, that Lessee accepts the Leased Premises "as is" and that said Leased Premises and the building of which the same form a part are suited for the use intended by Lessee and were in good and satisfactory condition at the time such possession was so taken. 3. TERM The term of this Lease Agreement shall begin on the 1 sl day of August, 2006 (the "Effective Date"), and end on the first anniversary of the Effective Date, unless sooner terminated or extended as hereinafter provided. Notwithstanding the foregoing, the Lessee shall have the right and option, in its sole discretion, to extend or renew this Lease upon the same terms and conditions set forth herein for two (2) additional one-year terms; provided, that Lessee provides written notice of such election to extend within 60 days prior to the expiration of the initial term or renewal term, as applicable. The foregoing notwithstanding, after August 1, 2007, either party may terminate this Lease upon ninety (90) days advance written notice to the other party. 1 This Lease is subject to annual funding by the Board of Supervisors of the County of Albemarle, Virginia. In the event the Board of Supervisors fails to appropriate funds necessary to perform the obligations specified hereunder, this Lease shall be deemed cancelled, with no penalty to the County, and of no effect. Notice of such cancellation must be given to the Lessor within thirty (30) days of the Board of Supervisors final approval of the annual County budget. However, the failure of the County to provide such notice shall not invalidate any nonappropriation decision by the County. In the event that this Lease is cancelled for the reasons set forth in this paragraph, the Lessor will be paid for any rent amounts due and owing as of the date of cancellation in accordance with theLease, excluding any prospective rents or penalties. 4. SURRENDER OF LEASED PREMISES Upon the expiration or other termination of this Lease, Lessee shall quit and surrender to Lessor the Leased Premises, in the same condition as at the commencement of the term, normal wear and tear only excepted. Lessee shall promptly remove all of its property. Lessee's obligation to observe or perform this covenant shall survive the expiration or other termination of this Lease. If the last day of the term of this Lease or any renewal thereof falls on Sunday, this Lease shall expire on the business day immediately preceding. 5. MONTHL Y RENT As consideration for this Lease and the services to be provided by Lessor, Lessee shall pay to Lessor at its offices as stated above or at such other place as Lessor shall designate in writing to Lessee, promptly on the first day of each month, in advance, during the term of this Lease, a monthly base rental of Two Thousand Two Hundred and Fifty Dollars and No Cents ($2,250.00). At execution of the Lease, Lessor shall pay the first month's rent in advance. 6. ADDITIONAL RENTAL All payments, if any, other than those previously specified above, as required in this Lease by Lessee to Lessor shall be deemed to be and shall become additional rent hereunder, whether or not the same shall be designated as such, and shall be due and payable along with usual rental payments subject to the same conditions and remedies as exist for said rental payments. 2 . 7. SECURITY DEPOSITS At the execution of this Lease and prior to occupancy, Lessee will pay to Lessor, as a security deposit, the amount of Two Thousand Two Hundred Fifty & 00/100 Dollars ($2,250.00). Such deposit is refundable to Lessee within thirty (30) days following expiration or termination of this Lease and provided that Lessee is in full compliance with the terms hereof at such expiration or termination including that no defective conditions, other than normal wear and tear, are left unrepaired by Lessee and that Lessee does not owe Lessor any debts. Any portion of said deposit not required to reimburse Lessor for Lessor's expense in repairing defective conditions caused by Lessee or for paying amounts owed by Lessee to Lessor shall be refunded to the Lessee as provided above. 8. LATE CHARGES Any rental due Lessor under this Lease shall be considered past due for purposes hereof on the third (3rd) day of any month and shall incur a monthly service charge of ten percent (10%) of any outstanding balances due. 9. REPAIRS BY LESSOR Lessor shall have no obligation to Lessee to make any repair or improvements to the Leased Premises except structural repairs necessary for safety and tenantability and then only if not brought about by any act or neglect of Lessee, its agents or employees. Lessee agrees to report immediately in writing to Lessor any known defective condition in or about the Leased Premises. Failure to so report shall make the Lessee liable to Lessor for any expense or damage to Lessor resulting from failure to report such defective condition. 10. USE OF PREMISES The Leased Premises shall be used and occupied by Lessee as a temporary base of operations for fire and rescue, unless other uses are specifically stated and authorized herein. The Leased Premises shall not be used for any illegal purpose nor in violation of any valid regulation of any governmental body nor in any manner to create any nuisance or trespass. Lessee agrees to abide by the reasonable rules and regulations, which may be established from time to time by the Lessor concerning the use of the Leased Premises that may be promulgated by Lessor. The initial rules and regulations are attached hereto as Exhibit B. 3 11. QUIET ENJOYMENT If Lessee shall pay the rent reserved herein and other amounts to be paid by Lessee to Lessor and faithfully keep, perform and observe all of the covenants, agreements and conditions herein stipulated, Lessee shall at all times during the term of this Lease have the peaceable and quiet enjoyment of said Leased Premises without hindrance of Lessor or any person lawfully claiming under Lessor, subject however, to the terms of this Lease. 12. ASSIGNMENT AND SUBLETTING Lessee may not assign this Lease or any interest thereunder, or sublet the Leased Premises or any part thereof or permit the use of the Leased Premises by any party other than the Lessee without first obtaining Lessor's prior written consent, which consent shall be subject to Lessor's sole discretion. 13. REPAIRS BY LESSEE Lessee shall, at its own expense, keep and maintain the said Leased Premises and appurtenances and every other part thereof in good order and repair except portions of the Leased Premises to be repaired by Lessor as provided herein. The Lessee shall make no alteration in, or additions to, the Leased Premises without first obtaining the Lessor's written consent (see Item 9), which alterations (if approved and made) shall be at the sole cost of the Lessee unless otherwise agreed upon in writing. Any such alterations, additions or improvements, which shall be made by either Lessor or Lessee and attached to the Premises, including carpet, shall be and become the property of Lessor and shall remain upon and be surrendered with the Leased Premises as a part thereof at the termination of this Lease without disturbance, molestation or injury. The Lessor has agreed that the Lessee shall, at its own expense, have the right to add a shower and a kitchen with appliances, but Lessee must first obtain Lessor's express written consent to the plans. 14. DAMAGE OR THEFT OF PERSONAL PROPERTY Lessee agrees that it shall have sole risk for all personal property brought onto or into the Leased Premises and further agrees that the Lessor shall not be liable for theft, fire or for any other damage including damage occasioned by acts of cotenants or other occupants of said building or any other person. Lessee does hereby waive, release and discharge Lessor from any and all damage to its personal property brought onto or into the Leased Premises except for those resulting from Lessor's gross negligence or intentional acts. 4 . . 15. GENERAL LIABILITY OF LESSEE To the extent permitted by the laws of the Commonwealth of Virginia, the Lessee shall be responsible for any injury, expense, damages, claims, causes or causes of action, to or against the Leased Premises or the Lessor or third parties arising from the acts or omissions of the Lessee, its employees, agents or other representatives. 16. SERVICE OF NOTICE All dispossessory or distraint proceedings, legal notices and notices required under this Lease, shall be sent certified mail, return receipt requested to the Lessee at: Robert A. Brown Albemarle County Fire Rescue/Operations Chief 460 Stagecoach Road Charlottesville, VA 22902 Notices required to be sent to Lessor shall be sent certified main, return receipt requested as follows: AMVEST -Worrell Joint Venture with a copy to: Attn: Kent Hunter Robert M. Smithers, Jr. P.O. Box 5347 14 So. Swinton Ave. Charlottesville, Va 22905 Delray Beach, FL 33444 17. SEVERABILITY If any clause or provision of this Lease is invalid or unenforceable under present or future laws effective during the term of this Lease, then and in the event, it is the intention of the parties hereto that the remainder of this Lease shall not be affected thereby and it is also the intention of the parties to this Lease that in lieu of each clause or provision of this Lease that is invalid or unenforceable, there be added as a part of this Lease a clause or provision as similar in terms to such invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. If such invalidity is, in the reasonable determination of Lessor or Lessee, essential to its rights, then Lessor or Lessee has the right to terminate this Lease on written notice to the other. 5 18. CUMULATIVE RIGHTS All rights, powers and privileges conferred hereunder upon the parties hereto shall be cumulative, but not restrictive to those given by law. 19. ATTORNEY'S FEES In the event either party hereto shall be required to institute legal proceedings to enforce any of the terms or conditions of this Lease, then the prevailing party shall be entitled to reimbursement of attorney's fees as well as court costs. 20. NO ESTATE IN LAND This Lease shall create the relationship of Landlord and Tenant between Lessor and Lessee; no estate shall pass out of Lessor. Lessee has only a usufruct, not subject to levy and sale and not assignable by Lessee except by Lessor's consent. 21. PARTIES "Lessor" as used in this Lease shall include the Lessor, its successors and assigns entitled to the Leased Premises. "Lessee" shall include the Lessee, its, successors and assigns, and if this Lease shall be validly assigned or sublet, shall include also Lessee's assignees or subleases of this Lease, as to the Leased Premises covered by such assignment of sublease. 22. TAXES Lessor shall pay all real estate taxes owed upon the Leased Premises and any personal property placed thereon. 23. UTILITIES Lessee will, at its own expense, pay for all utility charges excluding water and electricity for light, heat and AlC, but including all other utility services to, or for, the use of the Lessee in the Leased Premises. 6 . . 24. DEFAULTS BY LESSEE The following shall constitute defaults in this Lease: (I) the rent specified herein is not paid at the time and place when and where due and Lessee shall not cure such default within five (5) days of receiving written notice from Lessor; (ii) the Leased Premises shall be deserted or vacated, (iii) the Lessee shall fail to comply with any term, provision, condition or covenant of this Lease, other than the payment of rent or any of the rules and regulations now or hereafter established for the management of this building within ten (10) days of receiving written notice from Lessor; (iv) any petition is filed by or against Lessee under any section or chapter of the Bankruptcy Reform Act, as may be amended from time to time; (v) Lessee shall become insolvent; (vi) Lessee shall make an assignment for the benefit of its creditors; or (vii) a receiver is appointed for a substantial part of the assets of Lessee. 25. LESSOR'S REMEDIES Upon the occurrence of anyone or more of the foregoing events of default, Lessor shall have the option of anyone or more of the following courses of action: a) Terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, but if Lessee shall fail to do so, Lessor may, without further notice and without prejudice to any other remedy Lessor may have for possession or arrearages in rent, enter upon the Leased Premises and expel or remove Lessee and its effects by force, if necessary, without being liable to prosecution or any claim for damages therefore Lessee agrees to indemnify Lessor for all loss and damage, which Lessor may suffer by reason of such termination, whether through inability to relet the Lease Premises or through decrease in rent or otherwise; and/or b) Declare the entire amount of the rent, which would become due and payable during the remainder of the term of this Lease to be due and payable immediately, in which event Lessee agrees to pay the same at once, together with all rents theretofore due, at Lessor's address as provided herein provided, however, that such payment shall not constitute a penalty or forfeiture or liquidated damages, but shall merely constitute payment in advance of the rent for the remainder of the said term and further provided that such payment shall be subject to a credit equal to any amount obtained by Lessor by reason of reletting Premises during the original Lease term. The acceptance of such payment by Lessor shall not constitute a waiver of any failure of Lessee thereafter occurring to comply with any term, provision, condition or covenant of this Lease; and/or 7 . c) Lessor, as Lessee's agent, without terminating this Lease upon Lessee's breaching this Lease Agreement, inclusive of abandonment, may at Lessor's option enter upon the Leased Premises by force, if necessary, without being liable for prosecution and rent the Premises at the best price obtainable by reasonable effort, without advertisement and by private negotiations and for any term Lessor deems proper. Lessee shall be liable to Lessor for the deficiency, if any, between Lessee's rent hereunder and the price obtained by Lessor on reletting and for all cost incurred by Lessor in such reletting, including but not limited to compensation for time spent by Lessor's employees; and/or d) As agent of the Lessee, do whatever the Lessee is obligated to do by the provisions of this Lease and may enter the Leased Premises, by force if necessary, without being liable to prosecution or any claims for damages therefore, in order to accomplish this purpose. The Lessee agrees to reimburse the Lessor immediately upon demand for any expenses which the Lessor may incur in this affecting compliance with this Lease on behalf of the Lessee and the Lessee further agrees that the Lessor shall not be liable for any damages resulting to the Lessee from such action, whether caused by the negligence of the Lessor or otherwise. e) Pursuit by Lessor of any of the foregoing remedies shall not preclude the pursuit of any of the other remedies provided or any other remedies provided by law or statute. 26. PARKING Lessor will provide Lessee up to ten (10) unassigned parking spaces. Lessor reserves the right to revise the number of parking spaces at any time during the term of this Lease, subject to zoning regulations. Lessor shall have the right to designate an "Employees Parking Area" and Lessee shall cause all employees to park in said area. 27. EXTERIOR SIGNS Lessee shall not paint or place signs upon the Leased Premises except with the consent of the Lessor and in accordance with the signage criteria established by Lessor. 28. ABANDONMENT OF PREMISES Lessee agrees not to abandon or vacate the Leased Premises during the period of this Lease without the prior written approval of Lessor. 8 . . 29. EMINENT DOMAIN If the whole of the Leased Premises or such portion thereof as will make the Premises totally unusable for the purpose herein leased, be condemned by any legally constituted authority for any public use or purpose, then in either of said events the term hereby granted shall cease from the time when possession thereof is taken by public authorities and rental shall be accounted for as between Lessor and Lessee as of that date. 30. DESTRUCTION OR DAMAGE TO PREMISES If the Leased Premises are totally destroyed (or so substantially damaged as to be untenantable) by storm, fire, earthquake or other casualty, at the option of Lessor this Lease shall terminate as of the date of such destruction or damage and rental shall be accounted for as between Lessor and Lessee as of that date. The Lessor, within twenty (20) days, shall give Lessee notice as to intent to reconstruct. Failure to do so shall give Lessee the option to cancel this Lease. If Lessor elects to reconstruct, the rent is to be abated during the construction term, which shall not exceed ninety (90) days or Lessee may, at its option, cancel this Lease. If the Leased Premises are damaged, but not rendered wholly untenantable by any such casualty or casualties, rental shall abate in such proportion as the use of the Leased Premises has been destroyed until the Lessor has restored the Leased Premises to substantially the same condition as before damage, whereupon full rental shall recommence. Nothing contained herein shall require Lessor to make such restoration if not deemed advisable in its judgment. If Lessor fails to provide notice of the option to reconstruct within twenty (20) days of the occurrence, Lessee may, at its option, terminate this Lease. If the Leased Premises are not restored within ninety (90) days of the occurrence, Lessee may, at its option, terminate this Lease. 31. CASUALTY INSURANCE Lessor shall at all times during the term of this Lease maintain a policy or policies insuring the building(s) against loss or damage by fire, explosion or other hazards. Lessor shall not insure any furniture, equipment, machinery, aircraft, goods or supplies which Lessee may bring upon the Leased Premises. Lessor shall not insure any additional improvements Lessee may make to the Leased Premises. If the annual premiums payable by Lessor for casualty insurance exceed the standard premium rates due to actions or additional hazards created as a result of Lessee's occupancy, Lessee shall upon receipt of appropriate, premium invoices reimburse Lessor for such increase in premium. 9 . 32. RENOVATION BY LESSOR If Lessor shall deem it necessary to effect renovations or redecoration of the building in which the Leased Premises are located, such action shall be made at Lessor's expense and shall not in any way affect Lessee's obligation under this Lease and Lessee waives all claim for injury, damage or abatement of rent because of such repair, alteration, removal, construction, reconstruction or improvement; provided, however, if such action by Lessor shall render the Leased Premises untenantable and Lessor cannot complete such acts within sixty (60) days, either Lessor or Lessee may terminate this Lease in which event rent shall be apportioned and paid up to and including the date the Leased Premises become untenantable, if terminated by Lessor, but up to and including the date of termination if terminated by Lessee. If any such repairs, alteration, removal, construction, reconstruction or improvement shall be required by reason of Lessee's use of occupancy of the Leased Premises, then such action shall be by and at Lessee's expense and there shall be no termination under said conditions. If renovation is required of the Lessor due to government order of authority not occasioned by Lessee's tenancy, the above provisions shall apply except that Lessor shall have ninety (90) days to comply with same. 33. ENTRY BY LESSOR Lessor may enter the Leased Premises during Lessee's normal business hours or at any time in case of emergency, to exhibit the same to prospective purchasers or tenant, to inspect the Leased Premises to see that the Lessee is complying with all its obligations hereunder and to make repairs required of Lessor under the terms hereof or repairs of Lessor's adjoining property. 34. CAPTIONS The captions of each paragraph and heading hereof are added as a matter of convenience only and shall be considered to be of no effect in the construction of any provision or provisions of this Lease. 35. ENTIRE AGREEMENT This Lease contains the entire agreement of the parties and no representations, inducements, promises or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. No failure of the Lessor to exercise any power given the Lessor hereunder or to insist upon strict compliance by the Lessee of any obligation hereunder and no custom or practice of the parties at variance with the terms hereof shall 10 . . constitute a waiver of the Lessor's right to demand exact compliance with the terms hereof. 36. APPLICABLE LAW This Agreement shall be governed and interpreted according to the laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, this Lease has been executed by these duly authorized officers as of the date first written above. LESSOR: AMVEST-WORRELL JOINT VENTURE By AMVEST, Inc., General Partner ~~d JvO~ By: ~Cl.~ Title: V" f. J-! ?i- r11- 4;J fi-'Vi5 VI, -c /?...-J c4)aM~d ~. ~ Witness Title: County Executive Approved as to Form: ~4 unty Attorney I 11 . Kenneth C. Boyd COUNTY OF ALBEMARLE David L. Slutzky Rivanna Rio Lindsay G. Dorrier, Jr. Office of Board of Supervisors Sally H. Thomas Scottsville 401 Mcintire Road Samuel Miller Dennis S. Rooker Charlottesville, Virginia 22902-4596 David C. Wyant Jack Jouett (434) 296-5843 FAX (434) 296-5800 WhiteHall June 22, 2006 Mrs. Rosa Hudson 220 Hartmans Mill Road Charlottesville, VA 22902 Dear Mrs. Hudson: At the Board of Supervisors meeting held on June 14, 2006, you were appointed as the Scottsville Magisterial District representative to the Board of Equalization, with term to expire December 31 , 2006. Duties of this Board are set out in the Code of Virginia, Chapter 32, Article 14, 99 58.1-3370 through 58.1-3389. The duties are more specifically set out in 9 58.1-3379 and read as follows: "The Board shall hear and give consideration to such complaints and equalize such assessments and shall, moreover, be charged with the especial duty of increasing as well as decreasing assessments, whether specific complaint be laid or not, if in its judgment, the same be necessary to equalize and accomplish the end that the burden of taxation shall rest equally upon on all citizens of such county or city. The (Director of Finance) of such county ... shall, wheh requested, call the attention of the board to such inequalities in real estate assessments in his county or city as may be known to him. Every board of equalization may go upon and inspect any real estate subject to equalization by it." In order to be eligible for appointment, every prospective member of such board shall attend and participate in the basic course of instruction given by the Department of Taxation under 9 58.1-206. In the near future, you will receive notice of a meeting from Bruce Woodzell, the Real Estate Assessor. I have enclosed an updated roster for your convenience. If you have any questions about the duties of this Board, please call Mr. Woodzell at 296-5856. Sincerely, ~~ Dennis S. Rooker Chairman DSRlewc Enclosure cc: Bruce Woodzell Com monwealth 's Attorney County Attorney * Printed on recycled paper