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HomeMy WebLinkAbout2001-12-05 BOARD OF SUPERVISORS FINAL December 5, 2001 9:00 A.M., MEETING ROOM 241 COUNTY OFFICE BUILDING 2. 3. 4. 5. 6. 7. 10. ~1. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Call to Order. Pledge of Allegiance. Moment of Silence. From the Public: Matters Not Listed on the Agenda. Resolution of Appreciation: Nancy O'Brien. Consent Agenda (on next page). Transportation Matters. a. Transportation Matters Not Listed on the Agenda. 9:50 a.m. - Update on Family Support Program Evaluation Project. 10:10 a.m. - Public hearing on an ordinance to amend Chapter 6, Fire Protection, of the Albemarle County Code by amending Article I, In General, to authorize the creation of Junior Firefighter programs by volunteer fire companies. 10:20 a.m. - Public hearing on an ordinance to amend Chapter 13 Solid Waste Disposal and Re, cling of the Albemarle County Code by amending Section 13-301 Transporting refuse in ~ehicles to clarify the requirement that it is unlawful for any material or container to be loaded on a vehicle so that the material or the container escapes from the vehicle. 10:30 a.m. - Board to Board Presentation - School Board Chairman. 10:45 a.m. - Discussion: Police Department Citizen Advisory Committee (PDCAC). 1 hO0 a.m. - Midnight Ramble Festival Funding Request (deferred from November 7, 2001). Approval of Minutes: September 19, September 27, October 10, October 17(A), October 17(N) and November 14, 2001. Closed Session: Personnel and Legal Matters. Certify Closed Session. Appointments. 2:00 p.m. - SP-2001-031. Orrock (nTelos) (Sign # 52). Public hearing on a request to allow construct of personal wireless comm facility 10' above tallest tree w/in 25' (w/an approx 99' tall steel monopole) & related ground equipment. Znd R_& TM92,P5P~ Contains approx 15.61 acs. Loc Rt. 53, approx 1/8 ml W of intersec w/Milton Rd (Rt. 732). Scottsville Dist~ ZMA-01-03. Rio Square (Signs #95&96). Public hearing on a request to rezone 3.04 acs from R-6 & R-2 to PRD to allow townhomes, single-family detached homes & office. TM62A1 ,Ps 2-4,2-5,2-4A & 2B- 13. Loc on Rio Rd (Rt. 631 ) at intersec, of Rio Rd & Wakefield Rd. The Comprehensive Plan designates this property as Urban Density (6-34 du/ac) in Neighborhood 2. Rio Dist. From the Board: Matters Not Listed on the Agenda. Adjourn to December I 0, 2001, 1:30 p.m., for joint meeting with Legislators. CONSENT AGEndA FOR APPROVAL: 6.1 Installation of "Child at Pla)/' Sign(s) on Candlewyck Drive (Rt 1650) and Cobblestone Lane (Rt 16520 in Candlewyck Subdivision. 6.2 ............. t. (Remove from Agenda.) 6.3 Authoriz~ County Executive to sign Deeds of Easement for Ricky Road/Woodstock Drive stormwater drainage improvement project. 6.4 Authorize County Executive to execute County/VDOT Agreement pending dedication of road right-of-way over existing Hollymead Lake Dam. 6.5 Appropriations: Various local government and education programs and projects, $2,016 (Form #2001032); $45,013 (Form #2001034); $137,927.40 (Form #2001035). 6.6 Approve minor changes to Albemarle County Road Naming and Property Numbering Manual and set public hearing for January 9, 2002 to amend Section 7-204(c) of the Road Naming and Property Numbering Ordinance. 6.7 Ellerslie Drive Road Name Change Request. 6.8 Progress Report on Acquisition of Conservation Easements (ACE) Program. 6.9 Update on Monticello Fire/Rescue Station. FOR INFORMATION: 6.10 Copy of Tentative Virginia Transportation Development Han (formerly known as the Six Year Transportation Improvement Program). 6.11 Notice of public hearing, re: Reissuance of VPDES Permit No. VA0025518, Moores Creek STP. 6.12 Copy of 2001 Third Quarter Building Report, as prepared by the Department of Planning and Community Development, 6.13 Copy of draft Planning Commission minutes for October 9, October 16 and October 23, 2001. 6.14 Copy of letter dated Noyg~er 20, 2001 from John Shepherd, Manager of Zoning ~ll~,.~f~;'~ O~!((! tPe,termination of Development Rights and Parcels: Tax Map 121, ¢~t ~.0: :(piGPe~ 0f'Vit~a Johnson Estate), Section 10.3. I. ~~)~O,T,..Residency Monthly Report, December 2001. 1. Call to Order. 2, Pledge of Allegiance. 3. Moment of Silence. 4~ From the Public: Matters Not Listed on the Agenda. 5. Resolution of Appreciation: Nancy O'Brien. 6. Consent Agenda (on next page). 7, Transportation Matters. a. Transportation Matters Not Listed on the Agenda. 8: 9:50 a.m. - Update on Family Support Program Evaluation Project 9. I0:10 a.m. - Public hearing on an ordinance to amend Chapter 6, Fire Protection, of the Albemarle County Code by amending Artide I, In General, to authorize the creation of Junitr Firefighter programs by volunteer fire companies. 10. 10:20 a.m. - Public hearing on an ordinance to amend Chapter 13 Solid Waste Disposal and Reqyding of the Albemarle County Code by amending Section 13-301 Transporting refuse in vehicles to darify the requirement that it is unlawful for any material or container to be loaded on a vehicle so that the material or the container escapes from the vehicle. I I. I0:30 a.m. - Board to Board Presentation - School Board Chairman. 12. 10:45 a.m. - Discussion: Police Department Citizen Advisory Committee (PDCAC). 13. 11:00 a.m. - Midnight Ramble Festival Funding Request (deferred from November 7, 2001). 14. Approval of Minutes: September 19, September 27, October 10, October 17(A), October ! 7(N) and November 14, 2001. 15. Closed Session: Personnel Matters. 16. Certify Closed Session. 17. Appointments. 18. 2:00 p.m. - SP-2001-03 I. Orrock (nTelos) (Sign # 52). Public hearing on a request to allow construct of personal wirdess comm facility 10' above tallest tree w/in 25' (w/an approx 99' tall steel monopole) & related ground equipmen~ Znd R~ TM92,P5A~ Contains approx 15.61 acs. Loc Rt. 53, approx 1/8 ml W of intersec w/Milton Rd (Rt. 732). Scottsville Dist_ 19. ZMA-OI-03. Rio Sq~mre (Signs #95&96). Public hearing on a request to rezone 3.04 acs from R-6 & R-2 to PRD to allow townhomes, single-family detached homes & office. TM62A1,Ps 2-4,2-5,2-4A & 2B-13. Loc on Rio Rd (Rt~ 631) at intersec of Rio Rd &Wakefield Rd. The Comprehensive Plan designates this property as Urban Density (6-34 du/ac) in Neighborhood 2. Rio Dist. 20. From the Board: Matters Not Listed on the Agenda. 21. Adjourn to December 10, 2001, 1:30 p.m., for joint meeting with Legislators. FOR APPROVAL'.., 6.1 Installation of "Child at Pla)~' Sign(s) on Candlewyck Drive (Rt 1650) and Cobblestone Lane (Rt 16520 in Candlewyck Subdivision. 6.2 Set public hearing for March 6, 2002, for Owensville Road (Route 678) relocation right, f-way abandonment. 6.3 Authorize County Executive to sign Deeds of Easement for Ricky Road/Woodstock Drive stormwater drainage improvement project. 6.4 Authorize County Executive to execute County/VDOT Agreement pending dedication of road right-of-way over existing Hollymead Lake Dam. 6.5 Appropriations: Various local government and education programs and projects, $2,016 (Form #2001032); $45,013 (Form #2001034); $137,927.40 (Form #2001035). 6.6 Approve minor changes to Albemarle County Road Naming and Property Numbering Manual and set public hearing for January 9, 2002 to amend Section 7-204(c) of the Road Naming and Property Numbering Ordinance. 6.7 6.8 Ellerslie Drive Road Name Change Request. Progress Report on Acquisition of Conservation Easements (ACE) Program. 6.9 Update on Monticello Fire/Rescue Station. FOR INFORMATION: 6.10 Copy of Tentative Virginia Transportation Development Plan (formerly known as the Six Year Transportation Improvement Program). 6.11 Notice of public hearing, re: Reissuance of VPDES Permit No. VA0025518, Moores Creek STP. 6.12 Copy of 2001 Third Quarter Building Report, as prepared by the Department of Planning and Community Development. 6.13 Copy of draft Planning Commission minutes for October 9, October 16 and October 23,200 I. 6.14 Copy of letter dated November 20, 2001 from John Shepherd, Manager of Zoning Axtministration, re: Official Determination of Development Rights and Parcels: Tax Map 121, Parcel 70 (property of Floyd E. Johnson Estate), Section 10.3.1. 6.15 Charlottesville VDoT Residency Monthly Report, December 2001. ACTIONS Board of Supervisors Meeting Of December 5. 2001 December 17, 2001 AGENDA ITEM/ACTION 1. Call to order. 4. From the Public: Matters Not Usted on the Agenda. (None.) 5. Resolution of Appreciation: Nancy O'Bden. PRESENTED. Not docketed: Presentation of Governor's Technology Awards for Monticello Avenue Community Portal. 6.1 Installation of "Child at Play" Sign(s) on Candlewyck Ddve (Rt. 1650) and Cobblestone Lane (Rt. 1652 in Candlewyck Subdivision. APPROVED Resolution. /=,....~ n-~x .~.,,,~;,,..~..~+ ..~= ...... ~.....~ .... ..+ (Remove from Agenda.) 6.3 Authorize County Executive to sign Deeds of Easement for Ricky Road/Woodstock Drive stormwater drainage improvement project. APPROVED. 6.4 Authorize County Executive to execute CountyNDOT Agreement pending dedication of road right-of-way over existing Hollymead Lake Dam. APPROVED. 6.5 Appropriations: Various local government and education programs and projects, $2,016 (Form #2001032); $45,013 (Form #2001034); $137,927.40 (Form #2001035). APPROVED. 6.6 Approve minor changes to Albemarle County Road Naming and Property Numbering Manual and set public hearing for 1/9/02 to amend §7-204(c) of the Road Naming and Property Numbering Ordinance. APPROVED changes and set PH to amend Ordinance. 6.7 Ellerslie Drive Road Name Change Request. APPROVED. 6.8 Progress Report on Acquisition of Conservation Easements (ACE) Program. APPROVED final applicant ranking priorf[y list-for year 2001-02. Ordered appraisals for top seven ranked properties. 6.9 Update on Monticello Fire/Rescue Station. APPROVED. 6.10 Copy of Tentative Virginia Transportation Development Plan (formerly known as the Six Year Transportation Improvement Program). RECEIVED FOR INFO. (Note: This item was further discussed under Transportation Matters.) · Several Board members commented that the format VDOT uses is confusing and virtually useless to both the Board and the public. Ms. Humphds asked that Mr. Proctor, representing ASSIGNMENT Meeting was called to order at 5:00 p.m., by the Chairman, Sally Thomas. BOS members present: Thomas, Humphris, Bowerman, Dorrier, and Martin. Officers/staff: Tucker, Cilimberg, and Davis. Clerk: Bentley. None. None: Resolution (Attachment A) presented at the meeting. None: Award presented at the meeting. Clerk: Forward signed Resolution (Attachment B) to Juan Wade so that he can arrange installation of signs. None. En~ineedna. Staff: Pursue permanent easements for the stormwater drainage improvement project. Forward deeds of easement to County Executive for his signature. En,qineedn,q Staff: After developer has recorded plat dedicating right of way, get County Executive to sign agreement. Provide copy of recording receipt and signed agreement to Board office. Clerk: Forward signed appropriations to Melvin Breeden, copies to Robert Walters, Roger Hildebeidel, Jackson Zimmerman and Kevin Castner. Draft and send thank you notes from Chairman. Clerk: Advertise PH for January 9, 2002. Planninq Staff (Tex Weaver); Coordinate road name change. Planninq Staff: Complete appraisals and forward them to Appraisal Review Committee. Forward to Board fOr approval, then purchase development rights. County Attorney Staff: Send contract to Purchasing to be processed. Plannin.q Staff: Review the report to see whether it matches what the Board requested during the preallocation hearings. Sheriff's Dept Staff: Look into problems associated with a recent bicyde race held in Scottsville. Jim Bryan, from VDOT, con~act the Me[~upolitan Planning Organization (MPO) to assist them with their information gathering. The Board provided several corrections to the information to Mr. Proctor, who noted them. Ms. Thomas asked that staff review the report to see whether it matches what the Board requested dudng the preatlocation hearings. · Mr. Dorrier asked about implementing a program to provide bicycle lanes and pedestrian paths in rural areas, nOting that Scottsville residents were recently inconvenienced during a local bicycle race. The Board said it is unlikely this will occur for several reasons. Mr. Tucker said staffwill look into problems associated with the race. · Ms. Thomas mentioned that a streetlight is needed to control traffic for the old water treatment plant road (Rio Road area). Mr. Bowerman said the right-of-way is not available and that this is part of the Meadowcreek Parkway project. Mr. Benish added that a signal with a left turn lane light would not assist w/traffic problems.) 6.11 Notice of public .~hearing, re: Reissuance of VPDES Permit No. VA0025518~ Moores Creek STP. RECEIVED FOR INFO. (Ms. Humphds said she is confused by these notices. Mr. Tucker said that the Water Resources Manager indicated that these are routine notices, and that he lets the Board know of any item that may require, comment from the Board.) 7. Transportation Matters. Update provided by Mr. Chuck Proctor, from VDOT: · The Route 29 bddge is now open for all traffic. · The Meadow Creek Parkway project is on this month's CTB agenda. · Re changes in the Six Year Plan, he mentioned that he recently attended a training conference where there was discussion about moving from sequential to concurrent planning on projects. ?.a. Transportation Matters NOt Listed on the Agenda. · Mr. Martin said Rt. 746 (Fosters Branch Road) and Rt. 807 both need maintenance to the road and culvert. · Mr. Dorrier said he would like to give a permanent name to Carter's Bridge. He will provide the Clerk a draft resolution for an upcoming Board meeting. · Mr. Dorder said engineers are examining the entrance to Scottsviile, but that right-of-way problems exist, and engineers should be communicating with VDOT. Mr. Proctor said has seen preliminary plans for this area. Rights-of-way were not obtained b/c the project was never undertaken. He will look into the matter further. Ms. Thomas said there is a lot of traffic on the Dry Bridge over Dry Bddge Road, and potholes need attention. Ms. Humphds said VDOT did not install warning signs in front of recent construction on Barracks Road, which could have led to an accident. Mr. Proctor will look into the matter. Mr. Bowerman asked about a connector road between Rt. 20 and Meadow Creek Parkway. Ms. Humphris said CHART (a subcommittee of the MPO) is examining the issue and will report on it within the next year. This will be important to the City as it makes its Meadow Creek Parkway plans. None. None. None. Mr. Bc';;c~T~-3 said he though[ this should be expedited. Ms. Thomas said the Eastern Planning Initiative traffic counts did not show traffic in this area to be as bad a problem as that on Free Bddge. Ms. Humphds said that regardless, funding is not available. 8. Update on Family Support Progra~)-~ Evaluation Project. UPDATE PROVIDED. 9. PH on an ordinance to amend Chapter 6, Fire Protection, of the Albemarle County Code by amending Article I, In General, to authorize the creation of Junior Firefighter programs by volunteer fire companies. ADOPTED Ordinance. 10. PH on an ordinance to amend Chapter 13 Solid Waste Disposal and Recycling of the Albemarle County Code by amending Section 13-301 Transporting refuse in vehicles to clarify the requirement that it is unlawful for any matedal or container to be loaded on a vehicle so that the matedal or the container escapes from the vehicle. ADOPTED ORDINANCE. 11. Board to Board Presentation - School Board Chairman. PRESENTATION MADE. 12. Disc_~_~ssion: Police Depar~ent Citizen Advisonj Commi~ee (PDCAC). APPROVED creation of PDCAC and its bylaws. iDi,r~, ...ed Clerk to advertise for three appointees. 3. r~idnigh[ Ramble Fes[ival Funding Request (defe~ed from November 7, 2001). · APPROVED giving $600 from the Tourism Fund and waiving the COB rental fees for the three festival days ~nn~Uatters. t ~.'~SessiOn. Mr. Martin made the following nominations: o Reappoint Dr. Etora Young to the Industrial Development Authority, with tefra to run from 1/20102 through 1119/06; and, · Reappoint C. Jared Loewenstein as the at-large representative on the Planning Commission, with term to run from 1/01/02 through 12/31/02. Mr. Dorder made the following nomination: Appoint Eiton J. Oliver as the Scottsville District representative to the Industrial Development Authority, with term to run from 12/5/01 through 1/19/04. Mr. Bowerman made the following nominations: · Reappoint Thomas A. McQueeney as the Rio Distdct representative to the Industrial Development Authority, with term to run from 1/20/02 through 1/19/06; · Reappoint C. Marshall Thompson to as the Rio Distdct representative to the Equalization Board, with term to run from 1/1102 through 12/31/02; · Reappoint Rodney S. Thomas as the Rio Distdct representative to the Planning Commission, with term to run from 1/1/02 through 12/31/05; · Reappoint Arthur B. Brown, Jr. as the Rio Distdct representative to the Beard of Social Services, with term to run from 1/1/02 through 12/31105; None. Clerk: Forward signed Ordinance (Attachment C) to Carl Pumphrey, Mark Trank, Bob Tucker, and Tom Foley. ..Clerk: Forward signed Ordinance (Attachment D) to Bob Tucker, Larry Davis, and Grog Kamptner. None. Clerk: Advertise for three appointees. ..Director of Finance: Prepare and submit appropriation form for BOard approval on 1/9/02. None. None. Clerk: Update Boards & Commissions records. Send appointment letters, copying appropriate 3ersons. Advertise vacancies and set up interviews as instructed by Board. Reappoint William D. PJclcy as the Samuel Miller District 18. representative to the Planning Commission, with term to run from 1/1/02 through 12/31/05; and, · Reappoint Martha S. G. Orton as the Samuel Miller Distdct representative to the Board of Social Services, with said term to run from 1/1/02 through 12/31105. SP-2001-031. Orrock (nTelos) (Sign # 52). APPROVED with 11 conditions. 19. ZMA-01-03. Rio Square (Signs ~)5&-~). APPROVED as , proffered, 20. From the Board: Ma[~ers Not Listed on the Agenda. Mr. Martin advised the Board that Henry Hinnant has submitted resignation from Worldorce Investment Bd. Mr. Martin said he had been asked to reappoint Kathleen Cornett to the Public Defender Office Citizens Advisory Committee. However, Ms. Comell does not wish to be reappointed, and the Clerk was asked to advertise the vacancy. Ms. Humphds complimented Mark Graham on the letter he sent to the SEC regarding Old Dominion Electric's proposal for a power plant in Louisa County. She suggested Mr. Graham follow up for a response. Ms. Humphds said she submitted questions regarding the County survey to Lod Spencer. The survey will be available for everyone to see Monday. Mr. Bowerman asked about parking changes in the Eadysville commercial area. Mr. Cilimberg said nothing on this has been submitted to Planning. Ms. Thomas asked the staff draft a ZTA to distinguish b/t what is permitted in Light and Heavy Industry Zoning districts, since some uses are more appropriate for one or the other, Mr. Cilimberg said have a number of ZTA's already adopted by the PC and Board which relate to DISC, so he needed to know where this would fail in Pianning's list of priorities. Mr. Bowerman said at bottom of priority list. Mr. Cilimberg said staff would analyze the request, and make recommendation as to how to approach the matter. Mr. Bowerman and Ms. Thomas commented that the Board of Zoning Appeals upheld the Zoning Administrator's determination of use permitted on Morgantown Road. This has been appealed to Circuit Court. Ms. Thomas said the County is being asked to do the same things an applicant has to do when it needs to install a cell tower, if staff or ECC staff know of any towers w/similar height as the one proposed on Peter's Mountain, she'd like them to be brought to the Board's attention. Ms. Thomas said during a recent visit to Baltimore County, MD, she was asked to provi~' Informatlon on how our County handles cell tower requests. She also received good information from their Virginia Outdoors Foundation counterpart. .joint meeting with Legislators. 21. At 3:25 p.m., adjourned te~ecember 10, 2001, 1:30 p.m., for Clerk: List conditions (Attachment E). Clerk: List proffers (Attachment F). None. .Clerk: Advertise Public Defender Office Citizens Advisory Committee. Mark Graham.-_ Send follow up letter. None. None. ~ Analyze the request and make recommendation to the Board. None. ~ Provide any relevant information to the Board. None. None. Attachment A On behalf of the Albemarle County Board of Supervisors and local government, I would like to honor and recognize for her outstanding efforts during the past 15 years as Executive Director of the Thom as Jefferson Planning District Commission. During her tenure with the TJPDC, Nancy oversaw the implementation of a variety of initiatives involving transit, housing, sustainability, economic development, workforce development and criminal justice planning, which contributed significantly to the quality of life of our community. Nancy was instrumental informing the Thomas Jefferson Venture and the Thomas Jefferson Partnership for Economic Development as well as in creating a comprehensive workforce development system for our region. Nancy was a driving force in the formation and development of the Thomas Jefferson Sustainability Council and helped secure a highly competitive brant from the Highway Administration for the Jefferson Area Eastern Planning initiative. Federal Nancy has been involved in a large number of transportation-related projects, including development of the Charlottesville-Albemarle County Metropolitan Planning Organization, development of the TJPDC Rural Transportation Planning Program with VDOT, and development of the regional RideShare Program. Nancy also championed human service causes including development of new initiatives and programs in response to federal and state Welfare Reform laws and formation of the regional HOME consortium as a Federal entitlement area, one of very few such regional entities in the coun~Py. Before and during her tenure with the TJPDC, Nancy has been active in numerous organizations and causes focused on the betterment of our community including time spent as a Planning Commissioner, City Councilor and Mayor of the City of Charlottesville. We as a community are strengthened by the contributions and commitment of citizens such as Nancy O'Brien whose dedication, professionalism and advocacy for critical issues make Albemarle County a better place to live and work. Signed and sealed this 5th day of December 200I. Sally H. Thomas, Chairman Board of Supervisors Attachment B RESOLUTION WHEREAS, The residents of Candlewyck Subdivision are concerned about traffic in their neighborhood and the potential hazard it creates for the numerous children that play in the subdivision; and WHEREAS, The residents believe that a "Ch ild At Play" sign would help alleviate some the concerns; NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby supports the community's requests for VDOT to install the "Child At Play" sign(s) on Candlewyck Drive (Rt. 1650) and Cobblestone Lane (Rt. 1652). I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of the Resolution duly adopted by the Board of County Supervisors of Albemarle County by a vote of 5 - 0 on December 5, 2001. Clerk, Board of Supervisors 6 Attach merit C ORDINANCE NO. 01-6(2) AN ORDINANCE TO AMEND AND REORDAIN ARTICLE I, IN GENERAL, OF CHAPTER 6, FIRE PROTECTION, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Article I, In General, of Chapter 6, Fire Protection, of the Code of the County of Albemarle, Virginia, is hereby amended and reordained by adding a new Section 6-102 (Junior Firefighter Programs), as follows: CHAPTER 6. FIRE PROTECTION ARTICLE I. IN GENERAL Sec. 6-102 Junior Firefighter Programs. Persons sixteen years of age or older are authorized to participate in a volunteer fire company duly authorized to operate within the Coun[y of Albemarle under [he following conditions. Any person sixteen years of age or older may work with or participate fully in all activities of a voluntary fire company, provided that, if such person is less than eighteen years of age, such person shall first: A. Supply to the chief fire officer of the volunteer fire company written confirmation that such person has parental or guardian approval; and B. Attain certjfica[ion under National Fire Protection Association 1001, level one, fire fighter standards as administered by the Department of Fire Programs. (Ord. 01-6(2), 12-05-01) State law reference -- Virginia Code § 40.1-79.1. This ordinance shall be effective upon passage. 7 Attachment D ORDINANCE NO. 01-13(1) AN ORDINANCE TO AMEND CHAPTER 13, SOLID WASTE DISPOSAL AND RECYCLING, ARTICLE III, DUMPING, ACCUMULATION, STORAGE, REMOVAL AND DISPOSAL OF WASTE, 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 13, Solid Waste Disposal and Recycling, Article III, Dumping, Accumulation, Storage, Removal and Disposal of Waste, of the Code of the County of Albemarle is amended and reordained as follows: By Amending: Sec. 13-301 Transporting refuse in vehicles. Chapter 13. Solid Waste Disposal and Recycling Article III. Dumping, Accumulation, Storage, Removal and Disposal of Waste Sec. 13-301 Transporting refuse in vehicles. It shall be unlawful for any person to transport any refuse upon the streets, roads, or highways in the county in a motor vehicle unless the vehicle is constructed or loaded to prevent any of the load, consisting of the refuse and refuse containers, from dropping, sifting, leaking or otherwise escaping therefrom. A vehicle may be deemed to be constructed or loaded to prevent the load from dropping, sifting, leaking or otherwise escaping if the refuse is transported in one or more secured covered containers within the vehicle which do not allow sifting, leakage or the escape of refuse therefrom, and each container is loaded in the vehicle in a manner that prevents it from dropping or otherwise escaping from the vehicle. Any person convicted of violating this section shall be guilty of a misdemeanor punishable as provided in section 1-115 of the Code. (Code 1967, § 15-4; 4-17-75; Code 1988, § 16-3; Ord. 98-A(1), 7-15-98; Ord. 01-13(1), 12-05-01) State law reference - Va. Code § 10.1-1024. Attachment E The top of the pole, as measured Above Sea Level (ASL), shall never exceed seven (7) feet above the top of tallest tree within twenty-five (25) feet of the facility as measured Above Sea Level (ASL). No antennas or equipment, with the exception of a grounding rod, shall be located above the top of the pole; The facility shall be designed, constructed and maintained as follows: a. The metal pole shall be painted a brown that is consistent with the color of the bark of the trees; b. Guy wires shall not be permitted; c. No lighting shall be permitted on the site or on the pole, except as provided by condition number nine (9) herein; d. The ground equipment cabinets, antennas, concrete pad and all equipment attached to the pole shall be dark brown in color and shall be no larger than the specifications set forth in the attached plan entitled "Orrock (CV 327)"; e. A grounding rod, whose height shall not exceed two (2) feet and whose width sh all not exceed one-inch diameter at the base and tapering to a point may be installed at the top of the pole. f. Prior to issuance of a building permit, the applicant shall provide a statement to the Planning Department by a registered surveyor certifying the height of the tree that has been used to justify the height the monopole; g. Within one month after the completion of th e pole installation, the applicant shall provide a statement to the Planning Department certifying the height of the pole, measured both in feet above ground level and in elevation above sea-level (ASL); h. The pole shall be no taller than the height described in condition number 1 of this special use permit without prior approval of an amendment to this special use permit. i. The diameter of [he pole shall not exceed fifty (50) inches at its base, and twenty (20) inches at the top. This is a cl~ange from the standard condition which requires a smaller diameter for the pole to allow the use of a larger diameter pole which the applicant has in inven tory and has requested to use at this particular site. The facility shall be located as shown on the attached plan entitled "Orrock (CV 327)"; Equipment shall be attached to the pole only as follows: a. Antennas shall be limited to the sizes shown on the attached plan entitled "Orrock (CV 327)"; b. No satellite or microwave dishes sha I be permitted on the monopole; c. Only flush mounted antennas shall be permitted. No antennas that project out from the pole beyond the minimum required by the support structure shall be permitted. However, in no case shall the antennas project out from the pole more than 12 inches; Prior to beginning construction or installation of the pole or the equ~'pment cabinets, or installation of access for vehicles or utilities, a tree conservation plan, developed by a certified arborist, specifying tree protection methods an d procedures, and identifying any existing trees to be removed on the site both inside and outside the access easement and lease area shall be submitted to the Director of Planning and Community Development for approval. All construction or installation associated with the pole and equipment pad, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two hundred (200) feet of the pole and equipment pad. A special use permit amendment shall be required for any future tree removal within the two hundred (200)-foot buffer, after the installation of the subject facility. No tree shall be removed that would allow the facility to be visible from Rt. 53 prior to the Architectural Review Board's approval of a certificate of appropriateness; 10. 11. The facility shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless telecommunications purposes is discontinued. If the Zoning Administrator determines at any time that surety is required to guarantee that the facility will be removed as required, the permittee sha I furnish to the Zoning Administrator a certified check, a bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, ~n an amount sufficient for, and conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of [he Zoning Administrator and the County Attorney; The applicant, or any subsequent owners, shall submit a report to the zoning administrator by July I of each year. The report shall identify each user of the facility that is a wireless telecomm unicatio ns provider; Outdoor lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running though the lowest part of the shield or shielding part of the luminaire. For the purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply; Th e permittee sha II comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted; No slopes associated with construction of the facility and accessory uses shall be created that are steeper tha employed;2:1 unless and, retaining walls, revetments, or other stabilization measures acceptable to the county engineer are The applicant shall submit a revised set of site drawings to the Department of Planning and Community Development. Prior to the issuance of a building permit for construction of the facility, Planning staff shall review the revised plans to ensure that all appropriate conditions of the special use permit have been addressed in the final revisions of [he construction plans. 10 Attachment F Date: 11/20/01 PROFFER FORM ZMA # 01-003 Tax Map and Parcel Number(s): TMP 62A1 Parcels 2-4, 2-4A, 2-5, 2(B)13 3.15Acres to be rezoned from R-2 and R-6 to PRD Original Proffer Amended Proffer x (Amendment # 6 ) 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, ifrezoned. 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 development on Tax Map 62A1 Parcels 2-4, 2-4A, 2-5, and 2 (B) 13 shall be in general accord with the plan produced by Daggett and Grigg Architects, titled "Rio Square Preliminary Site Plan" (title sheets and sheets C-l, C-2, C-3, C-4, L-l, and A-l), dated July 16, 2001 and last revised on August 20, 2001. On Sheet A- 1, the relative location and massing of the structures, landscaping, the building roof lines, and roof pitches are proffered as part of the Application Plan for ZMA 01-03. Final design details such as materials, jack arches, types of windows and first floor master bedrooms are not proffered. No building construction shall begin unless and until the Design Planner determines that the architecture is in general accord with sheet A-1 of the Application plan.. The owner may vary the square footage of office use or the number oftownhouse units on the Application Plan; however, footprints of the buildings and uses within the buildings shall be in general accord with the Application Plan and the parking provided for the office use shall be not less than 90% of the parking spaces required for that use, and the parking provided for the townhouse dwelling units shall be not less than 40% of the parking spaces required for that use, as these uses are defined in Section 4.12 of the Albemarle County Zoning Ordinance in effect on December 5~, 2001. In order to limit office uses with high parking demands, permitted uses of the property, and/or uses authorized by special use permit, shall include only those uses allowed in Section 23 Commercial Office of the Albemarle County_Zoning Ordinance in effect on December 5th, 2001, a copy of the section(s) being attached hereto, except the following: a. Dentist offices (a portion of 23.2.1.2); b. Churches; and c. Businesses whose sole purpose or primary activity is providing: i) Data entry and/or storage, subscription and/or credit card transaction processing; or, ii) Solicitation of sales and/or order processing by telephone, mail order, internet, catalog sales or other similar medium; or, iii) Mailing list preparation. 1! On behalf of the Albemarle County Board of Supervisor.s and local government, I Would like to honor and recogmze for her outstanding efforts during the past 15 years as Executive Director of the Thomas Nancy oversaw · .. .... , 'nvolving transit, housing, sustainability, Jefferson Planning District Commission. During her tenure with the TJPDC, ,' lementat~on of a variety o_f_~mt~a~v~e~s ~ t and crimmaljusace planmng, which contributed significantly to the quality of life of our community. Nancy was instrumental informing the Thomas Jefferson Venture and the Thomas Jefferson Partnership Jbr Economic Development as well as in creating a comprehensive workforce development system for our region· · ~ · ation and development of the Thomas as a drivmg Jorce,~,n the form. · coml~etitive grant from., the Federal Nancy w ..... , .....; and aelped secure a h. ~ghly~ ._Z_ o~ mn Initianve. to££prSOn SustalnaollR2J ~o. ct .. ~ ~ .1 f£erson Area ~astera ~,, ~ o~- Highway Admimstranon jor ~''~ ~ejj~ Nancy has been involved in a large number of transportation-related projects, including development of the Charlottesville-Albemarle County Metropolitan Planning Organization, development of the TJPDC Rural Transportation Planning Program with vDOT, and development of the regional RideShare Program. Nancy also championed human service causes including development of new initiatives and programs in response to federal and state Welfare Reform laws and formati°n of the regional HOME consortium as a Federal entitlementcountry.area, one of very few such regional entities in the Before and during her tenure with the TJPDC, Nancy has been active in numerous organizations and causes focused on the betterment of our commUnity including time spent as a Planning, Commissioner, City Councilor and Mayor of the City of Charlottesville. We as a community are strengthened by the contributions and commitment of citizens such as Nancy O'Brien whose dedication, professionalism and advocacy for critical issues make Albemarle County a better place to live and work. Signed and sealed this 5t~ day of December 2001. Sally H. Thomas, Chairman Board of Supervisors T/~?d Annua/ Governor's Technology Awards Commonwealth of Virginia Present' The SILVER WINNER in thc Category o£LoeM Government To Co un t? o£Albcmarlc Poi' MonticelIo A venue Commumt? Portal In recognition o£outstanding achievement in usir~ technol°gy innovaa'vel? to serve c~b'zens etFectivel? Presented September 25, 2001 At Virginia Military Institute, Lexington, Virginia Commonwealth of Virginia Information Technology Symposium Honorable James S. Gihnore, III Governor of Virginia The Honorable Donald~V; Upson Secretary of Technology It is with great pride that I announce that Albemarle County has been named a silver winner in the category of local government for our participation in the Monticello Avenue Community Portal project in the 2001 Governor's Technology Awards program. This award was presented in conjunction with the Commonwealth of Virginia Technology Symposim held earlier this fall Award organizers praised Monticello Avenue as a "prime example of using technology effectively, efficiently, and innovatively to better serve Virginia citizens, communities and businesses everywhere." It is particularly gratifying to win this award as we move forward with improving our Albemarle County website and introducing new egovernment applications. I would like to thank the following staff- Fred Kruger, Elaine Pack, and Lee Catlin, as well as Rick Huff who was former assistant County Executive at the time of Monticello Avenue's conception, for their work on this project. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY ,AGENDA TITLE: Candlewyck Subdivision, Child At Play' Sign SUBJECT/PROPOSAL/REQUEST: Request to install "Child At Play' signs in the Candlewyck Subdivision on Candlewyck Drive and Cobblestone Lane AGENDA DATE: ITEM NUMBER: December 7, 2001 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes STAFF CONTACT(S): ~ ,~'/ Me.ssrs. Tucker, FoleY~Ci!!mberg,Benish,Wade . . REVIEWED BY: ~ ~ BACKGROUND: The residents of Candlewyck Subdivision have requested that Virginia Department of TranSportation install "Child At Play" signage on Candlewyck Drive (Rt. 1650) and Cobblestone Lane (Rt. 1652). This request requires a resolution of support from the Board of Supervisors to the Virginia Department of Transportation. DISCUSSION: 1. Consideration of this request requires evaluation of the following issues per County policy: "Child ~At Play" sirens shall only be considered on secondary roads, The residents have requested the signs to be located on Candlewyck Drive (Rt. !650) and Cobblestone Lane (RL 1652)- both are secondary roads off Old Ballard Road. 2. The request, must come. from a Homeowner's Association where applicable. Please find attached the letter of request from the Candlewyck Homeowner's Association, including their justification for the signage. Theme must be child activity attract, ion nearby for the sign tp, be considered. This subdivision has many children as noted in the attached letter. There are no sidewalks in this subdivision and the children have to walk in the street to visit one another or to reach designated school bus stops. There are several open fields that also attract the children. However, there is not a specific, designated, play area or other attractor/activity area as noted in this criterion. The inStallation of the si.tin shall not conflict with any existin_cl traffic control devices. The proposed location of the sign ~ll~ not conflict with any existing traff',= control devices. Staff will work with VDOT to determine the exact location for the sign. RECO, ~ ,MMENDATION: Staff recommends the Board of Supervisors endorse the attached resolution supporting the installation of "Child At Play' signs on Candlewyck Drive (Rt. 1650) and Cobblestone Lane (Rt. 1652). 11-29-01 Alt:10 iN 01.218 RESOLUTION WHEREAS, The residents of Candlewyck Subdivision are concemed about traffic in their neighborhood and the potential hazard it creates for the numerous children that play in the subdivision; and WHEREAS, The residents believe that a "Child At Play" sign would help alleviate some the concems; NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby supports the community's requests for VDOT to install the "Child At Play'' sign(s) on Candlewyck Ddve (Rt. 1650) and Cobblestone Lane (Rt. 1652). I, Ella W. Carey, do hereby 'certify that the foregoing writing is a true, correct copy of the Resolution duly adopted by the Board of County Supervisors of Albemarle County by a vote of 5 - 0 on December 5, 2001. Clerk, Board of Supervisors President Krisan Marotta 977-3019 Candlewyck Homeowner's Associa' t on Secretary Treasurer Leslie Baruch Bill Greene 971-9298 971-4010 October 19, 2001 Juan Wade Albemarle County Planning Dept 401 McIntire Road Charlottesville, VA 22902 Dear Mr. Wade: The Candlewyck Homeowner's Association requests that "Slow Children Playing" signs be posted at each of the two entrances to our subdivision. The "upper" entrance is on .Can~tlewyck Drive and the "lower" entrance is on Cobblestone Lane. We have had an active Neighborhood Watch and Home- owner's Association since 1988. The "Slow Children Playing" signs could be added to the existing posts that hold Neighborhood Watch signs. In the last few years, several new families with younger children have joined our neighborhood, shifting the population of children from teenagers to toddlers. Among the 35 houses in Candlewyck, we currently have 47 kids ages 18 and under. Of that number, 30 children are under twelve years old and 19 are less than eight years old. We expect the number of children to increase. Additionally, three different Albemarle County school buses stop at each Candlewyck entrance, re- quiring children to walk from their homes to the comers to catch the buses. It is not unusual to have 24 kids moving to or from the school bus stops during the Week. Given the mix of toddlers, school- age children, and soon-to-be teenage drivers, we believe it wise to add "Slow Children Playing" signs to our neighborhood. Please let me know if you need any other information to approve these signs. Thank yot~ for your time and attention. I look forward to hearing from you. Sincerely, Krisan Marotta President, Candlewyck Homeowner's Assoc. 1315 Chippendale Court Charlottesville, VA 22901 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Owensville Road (Rt. 678) Relocation Right-of-Way Abandonment sUBJECT,/PROPOSAL/REQUEST: Request for the Board of Supervisors to Consider AGENDA DATE: ITEM NUMBER: December 5, 2001 ACTION: CONSENT ,AGENDA,: ACTION: Yes INFORMATION: INFORMATION: Abandoning the right of way that had been reserved cO,,Ac s . I / Messrs. Tucker, Foley, Cilimberg, Benish, Wade . BACKGROUND: The County at one time had a secondary read project to relocate Route 678 approaching Route 250. The relocated Route 678 would have been aligned behind the Ivy shops and in front of the BB& T and intersect with Route 250 west of the existing Rt. 678 intersection. On October 6, 1993, the Board of Supervisors voted not to proceed with this relocation. The right-of-way in question had been dedicated for this project (Attachment A). When the Board of Supervisors took this action, they did not abandon the fight-of-way. The intent of the project had been to establish a better alignment of the read and create a new 678/250 intersection with an improved design and sight distance (in part, by moving the road further away for the railroad overpass abutments). However, the proposed alignment still contained several sharp turos and required significant grading (cut/fill activity). Furthermore, sight distance at the new intersection with Route 250 would not have been significantly improved. The Board voted not to pursue this project due to its cost and the limited benefit gained with the project. If abandoned, the right-Of-way be will revert back to adjacent property owners. There are no current plans to proceed with the previously planned project in the future. Staff cannot identify any other project, or any other public purpose, served by retaining this right~of-way. The Board of Supervisors must first determine if they would like to proceed with the abandonment, if so, a public hearing will be scheduled for a future date. RECOMMENDATION: S~aff recommends'that the Board of Supervisors authorize advertisement of a public hearing to abandon the right of way intended for the previously planned Rt. 678 relocation. 11-29-01 Al1:33 IN 01.224 ,G4L ~4 Proposed ' Corridor 'IJ.[ C TION MERIWETH HILLS SECTION 9,4 g ~.B t 92A I COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Stormwater Drainage Easement Dedication - Ricky Road/Woodstock Drive SUBJECT,/,P, ROPOSAUREQUEST; Authorize County Executive to sign deeds of Easement AGENDA DATE: December 5, 2001 ACTION: CONSENT AGENDA: ACTION: X ISTAFF CONTACT(S): Messrs. Tucker, Foley, Graham, Muhlberger REVIEWED BY: ATTACHMENTS: ITEM, ,NUMB,ER: INFORMATION: INFORMATION: Graphic of easement area BACKGROUND; ~he request is for the Board of Supervisors to authorize the Engineering and Public Works Department to pursue permanent stormwater drainage easements in support of the County ClP project serving Ricky Road and Woodstock Drive. The easements will be brought back to the Board for approval when the documents have been completed and signed by the property owners. In April 2000, the Board approved an Engineering recommendation that all future stormwater drainage facilities that serve the public (including stormwater basins) be dedicated to public use by a permanent drainage easement. The County's stormwater program is maturing to the point where public responsibility is extending to the maintenance of our stormwater infrastructure, Current experience and evidence from field inspections indicates that this approach is necessary to adequately protect public health (e.g., flood control) and the environmenL In general pdvate interests, chiefly homeowners' associations do not have the technical nor financial capacity to maintain this complex infrastructure. The Ricky Road - Woodstock Drive drainage improvement project is a correction of an existing stormwater management problem. DISCUSSION: stor~water runoff in the older sections of Hessian Hills Subdivision, i.e., South Bennington Road and Woodstock Drive, is handled through roadside ditches and Iow-lying, private properties. Without a network of curb and gutter to contain the stormflow on these streets, residents along Picky Road to the south occasionally receive excessive flows. Ricky Road residents have periodically complained about flooded yards and basements. In 1993, the County identired this problem and appropriated funding in the Capital Improvements Program. The original project scope attempted to contain the stormflow by installing stormpipes in several backyards of Ricky Road parcels. This scope proved difficult to procure as the County's Contractor.would destroy and replace improvements such as fencing, shrubbery and sheds. Since potential bidders were reluctant to replace these improvements, staff revised the project scope to include installation of stormpipe at the source of runoff, i.e., South Bennington Road and Woodstock Drive, thus limiting the disruption of mature residential properties. The new design essentially redirects stormflow to an existing stormpipe located within the Charlottesville City limits at 1602 Ricky Road. This CIP project will complete a regional stormwater management system of underground stormpipes located within the VDoT right-of-way along Woodstock Ddve, Where the project traverses private property, three parcel owners (two County, one City) have expressed an intent to dedicate a permanent drainage easement to the County and City for the purpose of a drainage easement project. Staff has worked with both VDoT and the City Engineer to ensure conformance with pertinent roadway and engineering standards. The City will re'm3burse the County for all work done in the City, which is estimated at approximately $10,000.00. RECOMMENDATION: Authorize the Engineering and Public Works Department to pursue permanent easements for the Ricky Road - Woodstock Drive stormwater drainage improvement project and authorize the County Executive to sign deeds of easement. 01.217 ]1-29-01 AI~:08 IN R CKY ROAD WOODSTOCK DR. DIP . ~D136 13 127 r26 121 BENNINGTON RD WATERSHED MAP SCAT,R: 1" = 250' PROPOSED STORUPIPE INSTALLATION ALONG WOODSTOCK DRIVE PROPOSED PIPE ENLARGEMENT AT 1602 RICKY RD. From: Sent: To: Subject: Ella Carey Monday, December 10, 2001 10:23 AM Laude Bentley FW: Re: Hollymead Dam Agreement --~Original Message--- From: Jack Kelsey Sent: Fdday, December 07, 2001 9:08 AM To: Ella Carey Subject: Re: Hollymead DamAgreernent The BOS authorized Bob T. to sign this agreement on Wed. 12/5/01, but as mentioned in the executive summanj there is some information needed from the developer to complete the agreement before its signed by Bob T.. The developer needs to record the plat dedicating the right-of-way to public use and the recordation information added to the agreement. Hopefully this will not take long. I'll let you know when all is ready. Thanks Ella - have a great weekend! J~ck M. Kelley, PE Chief of Engineering COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE.: Hollymead Lake Dam Agreement SUBJECT/PROPOSAL/REQUEST: BOS approval of County Executive authority to execute the agreement. AGENDA DATE: ITEM NUMBER: December 5, 2001 ACTION: IN FORMATION: _CONSENT AGENDA: .ACTION: X INFORMATION.: j ATTACHMENTS.: Agreeme,i~t ~ STAFF CONTACT(S): I REVIEWED BY: . DISCUSSION: Springridge is a development located at the end of Powell Creek Drive and to the east of the Hollymead Lake Dam. Approval of the Springridge PRD (ZMA 98-13) was recommended by the Planning Commission with the construction of a road over the dam to provide interconnection of the neighborhoods. On 12 May 1999 the Board of Supervisors approved the Springridge PRD with proffers. Proffer fl-4 provided for the developer to construct a public road over the Hollymead Lake Dam and to dedicate to public use a 120-foot wide strip of land over the dam for the road right-of-way. VDOT will accept, for maintenance in the State Secondary Road System, a public road that crosses a dam. However, the municipality is required to submit various documentation, including: 1) evidence the right-of-way over the dam dedicated to public use; and, 2) a VDOT/County agreement (signed by the County) regarding the dam and road maintenance. In brief, the agreement assigns VDOT responsibility for the road and relieves VDOT of any responsibility and liability for the dam. As identified in the staff presentation during the 12 May 1999 meeting, the consequence of the County accepting ownership of the dam is the County's assumption of the liability and responsibility for its maintenance, repair and inspections as necessary to comply with the State Department of Conservation & Recreation permit for the dam. However, the benefits of County ownership of the dam are: it allows for the construction of a public road linking the adjacent developments/neighborhoods; and, will provide "local trips" with an alternative to using the regional road network - specific standards stated in the "Transportation" chapter of the "County of Albemarle Land Use Plan". A copy of the draft CountyNDOT agreement has been attached for your consideration. This agreement is a standardized document that VDOT endorses and uses across the state. The right-of-way is to be dedicated with the Springridge final subdivision plat. Approval of the plat is pending the Boards action to accept the dedication and the CountyNDOT agreement. Should the Board accept the right-of-way dedication and the provisions of the CountyNDOT agreement: 1) the developer will record the right-of-way dedication in the County Courthouse; 2) the county engineer will enter the deed book reference into the CountyNDOT agreement; and, 3) the final agreement will be presented to the County Executive for signature. RECOMMENDATION: theAUth°riZeexistingtheHollymeadC°Unty ExecutiVeLake dam.t° execute the CountyNDOT agreement, pending the dedication of the road right-of-way over 01.222 11-28-01 A09:36 IN LOCALITY - STATE AGREEMENT FOR MAINTENANCE OF A ROAD OVER A DAM (Alternate Access Exists) THIS AGREEMENT FOR MAINTENANCE OF A ROAD OVER A DAM, made the day of , 2001, by and between COUNTY OF ALBEMARLE, VIRGINIA, (hereafter "Locality"); and the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, (hereafter "Department"); WHEREAS, the Locality approved plans for a subdivision that is shown on a plat entitled Springridge,Subdivision Phase 1 Final Plat that was recorded on in book ir~ the Clerk s Office of the Circuit Court, a copy of which is incorporated herein page , as Exhibit A; WHEREAS said plat shows areas dedicated to the public, including the area of the existing Hollymead Dam, that retains a body of water referred to as Hollymead Lake, and over which a road named Powell Creek Drive is to be or has been constructed; WHEREAS, in accordance with the Code of Virginia, Section 15.2-2265, recording the described plat transfers to the Locality, in fee simple, all portions set apart for streets, alleys, and areas for public use; and WHEREAS, the Locality will petition the Department to maintain the roadway crossing the dam as a part of the Secondary System of State Highways. NOW, THEREFORE, THIS AGREEMENT FOR MAINTENANCE WITNESSETH: In consideration of the acceptance of this Agreement by the parties hereto; and In consideration of the Locality's request that the roadway over the dam be maintained as a part of the Secondary System of State Highways; and In consideration of the Department's acceptance of responsibility to maintain the roadway facility (as defined herein) over the dam; The Locality and the Department agree as follows: The roadway facility constructed over the dam is defined as the pavement base and surface courses, the shoulders, the roadway drainage facilities and the guardrails. The Locality agrees that the Department will have all fights necessary to maintain the roadway, including access to the dam and surrounding areas. The Locality agrees the Department has no obligation to maintain, repair or replace the dam, and no liability for damages resulting from the dam or its failure and agrees it will not seek indemnification or contribution from VDOT to correct any damages arising from improper maintenance or construction of the dam. The Locality agrees that the expenditure of State funds to maintain the roadway shall not obligate the State to maintain or reconstruct the dam or to correct any damages caused by the dam or its failure. The Locality agrees to notify the Resident Engineer for the Department, of any detrimental condition associated with the dam reported by any source, and of the plans, schedule and parties responsible for correcting of the condition. The Locality agrees that all work to the dam will be conducted in a manner that minimizes interference with the flow of traffic and the rights of the Department. The Locality agrees that drainage of water from the roadway to the lake, and other areas not specifically named herein, are an element of maintaining the roadway and damages resulting fi.om that drainage shall not obligate the State in any way. By executing this Agreement, the Locality certifies that it has reviewed and filed the plans and specifications for the dam, including appurtenances, and that the design conforms to prevailing engineering principles applicable to the design of dams. By executing this Agreement, the Locality certifies that the construction of the dam and its appurtenances has been inspected by or for the Locality, and that the construction fully complies with the approved plans and specifications. The Department agrees that the Locality shall have access to the roadway to maintain, repair, or replace the dam, subject to reasonable notice to the Resident Engineer. The Depamnent agrees that responsibility to maintain the roadway will become effective on the date the roadway is accepted for maintenance as part of the Secondary System of State Highways. The Commonwealth Transportation Board, in the sole opinion and determination of the Commonwealth Transportation Commissioner, may discontinue maintenance of the roadway over the dam if the condition of the dam threatens the integrity of the roadway or the ordinary and regular travel over the roadway, or in the event that maintenance and repair of the roadway becomes impractical. Maintenance of the roadway may cease on the date of such determination. The Commonwealth Transportation Commissioner may close the road over the dam as the Commissioner deems necessary for the safety of the traveling public or for proper completion of work. In consideration of the things aforesaid, witness the following signatures and seals affixed as of the date written above: FOR THE GOVERNING BODY OF TIlE COUNTY OF ALBEMARLE, VIRGINIA Approved as to form County Attorney For the Virginia Department of Transportation Signature By: Robert W. Tucker Jr. County Executive Approved as to form Office of Attorney General; Charles D. Nottingham, Commissioner COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Appropriation Requests SUBJECT/PROpOSAL/REQUEST: Request approval of Appropdation ~2001032, 2001034, 2001035, totaling $184,956.40, for vadous local government and education programs and projects. STAFF CONTACT(S): Messrs. Tucker, Breeden; Ms. White BACKGROUND: AGENDA DATE: December 5, 2001 ACTION: ITEM NUMBER: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Y~_~..........~"'~ REVIEWED BY: The Code of Virginia §15.2-2507 stipulates that the County must amend its current budget only if the additional appropriated amounts exceed 1% of the original budget or $500,000, whichever is the lesser. DISCUSSION: Subsequent to the November 7~ budget amendment public hearing, three requests for additional appropriations have been received. These requests, which are described on Attachment A, total $184,956.40, less than the $500,000 requiring a public hearing. Therefore, the appropriation requests are being presented for the Board's consideration and approval at this time without a public hearing or an approved budget amendment. If approved, this appropriated amount will be included in the next budget amendment request currently scheduled for the January 2, 2002 meeting. RECOMMENDATION: Staff requests approval of Appropriations #2001032, 2001034, 2001035, totaling $184,956.40, at detailed on the attached appropriation forms. 11-29-01 A09:4t tN 01.219 APPROPRIATION REQUEST FISCAL YEAR: 01/02 TYPE OF APPROPRIATION: ADVERTISEMENT REQUIRED ? FUND: PURPOSE OF APPROPRIATION: APPROPRIATION OF DONATIONS, NUMBER ADDITIONAL TRANSFER NEW YES NO EDUCATION X 2001032 EXPENDITURE CODE DESCRIPTION AMOUNT 1 2304 61104 601300 Ed/Rec Supplies $ 716.00 1 2302 61411 580000 Misc. Expenses 1,000.00 I 2210 61101 601300 Ed/RecSupplies 300.00 TOTAL $ 2,016.00 REVENUE CODE DESCRIPTION AMOUNT 2 2000 18100 181109Donation $ 2,016.00 TOTAL $ 2,016.00 TRANSFERS REQUESTING COST CENTER: EDUCATION APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS SIGNATURE DATE OCT. 24, 2001 i~- /0-~ I APPROPRIATION REQUEST FISCAL YEAR: 01/02 TYPE OF APPROPRIATION' NUMBER ADDITIONAL TRANSFER NEW 2001034 ADVERTISEMENT REQUIRED ? YES NO FUND: GRANT PURPOSE OF APPROPRIATION: FUNDING FOR DEPARTMENT OF JUSTICE GRANT. EXPENDITURE CODE DESCRIPTION AMOUNT I 1528 31013 120000 WAGES-OVERTIME $ 4,600.00 I 1528 31013 210000 FICA 413.00 1 1528 31013 312500 PROF. SERVICES 30,000.00 I 1528 31013 800700 ADP EQUIPMENT 5,000.00 1 1528 31013 800710SOFTWARE 5,000.00 TOTAL'- $ 45,013.00 REVENUE CODE DESCRIPTION AMOUNT 2 1528 33000 330414 FEDERAL GRANT D.O J. $ 45,013.00 TOTAL $ 45,013.00 TRANSFERS REQUESTING COST CENTER: POLICE APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS SIGNATURE DATE ,NOV. 14,2001 12-/~-~/ David E Bowerman Rio Lindsay G. Dorrier, ,Jr. Scot'~vilh · Charlotte Y. Humphris · '- Jack Jouelt COUNTY OF ALB~E Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (8041 296-5843 FAX (804) 296-5800 Charles S. Martin P~vann~ Walter E Perkins White Hall Sally H. Thomas Samuel Miller December 18, 2001 Williams Gas Pipeline C/o Jim Shannon 345 Greenbriar Dr. Charlottesville, VA 22901 Dear Mr. Shannon: On behalf of the Board of Supervisors, please accept our sincere thanks for your recent donation toward paying for new band uniforms at Western Albemarle High School. It is a pleasure to acknowledge your investment in our educational system. These funds will be used to help enhance the quality of education provided to our students. Again, thank you for your continued support. Sincerely, Sally H. Thomas Chairman SHT/lab CC; Members, Board of Supervisors Dr. Kevin C. Castner Printed on recycled paper David P. Bowerman Rio Lindsay G. Dorrier, Jr. Scottsv~e Charlotte Y. Humphris Jack Jouett COUNTY OF ALBEMARI_R Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4696 (804) 296-5843 FAX (8041 296-5800 Charles S. Martin Rivanna Walter E Perkins White H~ Sally H. Thomas Samuel l~iller December 18, 2001 Mr. and Mrs. Douglas DuPont 1685 Owensville Rd. Charlottesville, VA 22901 Dear Mr. and Mrs. DuPont: On behalf of the Board of-Supervisors, please accept our sincere thanks for your recent donation toward paying for the Fine Arts Program at Western Albemarle High School. It is a pleasure to acknowledge your investment in our educational system. These funds will be used to help enhance the quality of education provided to our students. Again, thank you for your continued support. Sincerely, SHT/lab cc: Members, Board of Supervisors Dr. Kevin C. Castner Sally H. Thomas Chairman Printed on recycled paper David P. Bowerman Rio Lindsay G. Dorrier, Jr. Scotts~le · Charlotte Y. Humphris .-. Jack Joueff COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Walter E Perkins White Hall Sally H. Thomas Samuel Miller December 18, 2001 Mr. and Mrs. Blaine~:~=:ie~ Norum 1400 Clearbrook Ln. Charlottesville, VA 22911 Dear Mr. and Mrs. Norum: On behalf of the Board of'Supervisors please accept our sincere thanks for your recent donation toward the gifted program at Monticello High School. It is a pleasure to acknowledge your investment in our educational system. These funds will be used to help enhance the quality of education provided to our students. Again, thank you for your continued support. SHT/lab Sincerely, Sally H. Thomas Chairman CC: Members, Board of Supervisors Dr. Kevin C. Castner Printed on recycled paper David P. Bowerman Rio Lindsay G. Dottier, ,Jr. Scot~ville · Charlotte Y. Humphris Jack Jouett COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road ChaflottesvUle, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Walter E Perkins White Sally H. Thomas Samuel Miller December 18, 2001 Mr. and Mrs. James Straker 4778 Blenheim Rd. Charlottesville, VA 22902 Dear Mr. and Mrs. Straker: On behalf of the Board of. Supervisors, please accept our sincere thanks for your recent donation toward the gifted program at Monticello High School. It is a pleasure to acknowledge your investment in our educational system. These funds will be used to help enhance the quality of education provided to our students. Again, thank you for your continued support. SH-l-/lab Sincerely, Sally H. Thomas Chairman CC: Members, Board of Supervisors Dr. Kevin C. Castner Printed on recycled paper David P. Bowerman Rio Lindsay G. Do,der, Jr. Charlotte Y. Humphris Jack Jouell COUNTY OF ALBEMARLE Office of Board of Supen~isors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Rivanna Walter F.. Perkins White H~I~ Sall~, H. Thomas Samuel Miller December 18, 2001 Mr. and Mrs. Michael. Phillips 215 Homestead Ln. Charlottesville, VA 22902 Dear Mr. and Mrs. Phillips: On behalf of the Board of. Supervisors, please accept our sincere thanks for your recent donation toward the gifted program at Monticello High School. It is a pleasure to acknowledge your investment in our educational system. These funds will be used to help enhance the quality of education provided to our students. Again, thank you for your continued support. SHT/lab Sincerely, Sally H. Thomas Chairman CC: Members, Board of Supervisors Dr. Kevin C. Castner Printed on recycled paper David P. Bowerman Rio Lindsay G. Dorrier, Jr. · Charlotte Y. Humphris Jack Jouett COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4696 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Rivanna Walter E Perkins White Hall Sally H. Thomas Samuel Miller December 18, 2001 Mr. and Mrs. Ronald Kent 105 Vincennes Rd. Charlottesville, VA 22911 Dear Mr. and Mrs. Kent: On behalf of the Board of. Supervisors, please accept our sincere thanks for your recent donation toward the Gifted Program at Monticello High School. It is a pleasure to acknowledge your investment in our educational system. These funds wil! be used to help enhance the quality of education provided to our students. Again, thank you for your continued support. SHT/lab Sincerely, Sally H. Thomas Chairman CC: Members, Board of Supervisors Dr. Kevin C. Castner Printed on recycled paper David P. Bowerman Rio Lindsay G. Dottier, ,Jr. Scoflsville · Charlotte Y. Humphris Jack Jouefl COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804] 296-5800 Charles S. Martin Rivanna Walter E Perkins White Hall Sally H. Thomas Samuel Isiill~ December 18, 2001 Mr. and Mrs. Phillip Zelikow 1358 Queenscroft Keswick, VA 22947 Dear Mr. and Mrs. Zelikow: On behalf of the Board of. Supervisors, please accept our sincere thanks for your recent donation toward the gifted program at Monticello High School. It is a pleasure to acknowledge your investment in our educational system. These funds will be used to help enhance the quality of education provided to our students. Again, thank you for your continued support. Sincerely, Sally H. Thomas Chairman SHT/lab CCZ Members, Board of Supervisors Dr. Kevin C. Castner Printed on recycled paper David P. Bowerrnan Rio Lindsa~ G. Dorder, Jr. $cott~vllle · Charlotte Y. Humphris Jack Jou~tl COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mdntire Road Charlottesville, Virginia 229024596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Rivanna Walter E Perkins White Hall Sall~ H. Thomas Samuel Miller December 18, 2001 Mr. A. William Ordel Route 22, Box 151 Keswick, VA 22947 Dear Mr. Ordel: On behalf of the Board of Supervisors, please accept our sincere thanks for your recent donation toward paying for a presenter for the 4th grade science project at Stone Robinson Elementary School. It is a pleasure to acknowledge your investment in our educational system. These funds will be used to help enhance the quality of education provided to our students. Again, thank you for your continued support. Sincerely, Sally H. Thomas Chairman SHT/lab CC: Members, Board of Supervisors Dr. Kevin C. Castner Printed on recycled paper COUNTY OF ALBEMARLE EXECUTIVE SUMMARY 'AGE"DA TffLEi Albemarle County Road Naming and Property Numbering Manual SUBJECTIPROPOSAUREQUES ..T: Approve minor changes to the Manual to incorporate efficiencies for administration and set public hearing date to arc--nd Section 7-204 ( c ) of the Road Naming and Property Numbering Ordinance. STAFF CONTACT(S): r _v!e~srs. Tucker, Foley, Cilimberg, Davis, Weaver AGENDA DATE: December 5, 2001 ACTION.,: CONSENT AGENDA: ACTION: X ~,,~ . ITEM NU,.,,~ER. INFORMATION: INFORMATION: ATTACHMENTS: Yes / BACKGROUND: In an effort to incorporate efr~,iencies for administration, staff has identified several sections of the Road Naming and Property Numbering Manual for change as listed below and incorporated in the attached Manual. DISCUSSION: 1. Part I, Section 5 on page 3 of the Manual. We propose the removal of road types 'Arch' and 'Nook'. These road types are not recognized by the United States Postal Service. Furthermore, the County of Albemarle does not currently have any road names with these road types. This change reflects the County's commitment to a nationally accepted road naming standard. 2. Part I, Section 6 (e) paragraph 3 on page 7 of the Manual, We propose that %.. the proposed name is othawise consistent with Part I of this Manual, the agent shall forward the road name change request to the Board of Supen~om for approval." be changed to read: "the proposed name is otherwise consistent with Part I of this Manual, the agent may make administrative approval to correct errors in pdor approvals of road names, othenNise the agent shall forward the road name change request to the Board of Supervisors for approval:". This change will allow for correction of errors in prior approvals of road names (incorrect spelling of road names, etc.) to be handled more expeditiously by administrative approval. 3. Part I!, Section 1 (a). We propose that "Numbers assigned by any other person or entity shall be recognized." be changed to read: 'Numbers assigned bY any other person or entity shall not be recognized.'. This change correctS an obvious typo in the Manual. 4. Part I1, Section 5 (a). We propose that "Even numbers shall occur on the north side of east-west designated roads and the west side of north-South des'~nated roads." be changed to read "Even numbers shall occur on the right hand side of the road in the direction of Increasing range.". This change reflects changes in current addressing policy/procedure. 5. Part Iii, Sections 3 and 4. We propose that these Sections be renumbered from 3 to 2 and from 4 to 3. There is currently no Part Ill, Section 2 present in the Manual. 6. Part !11, Details C. The Department of Engineering and Public Works has asked that we include a new graphic illustration to assist with road sign installation (attached) that would be noted as Details C at the end of the Manual. After action has been taken on Manual changes, staff proposes that the Board authorize adve[tisement for a public hea-ing to amend the Albemarle County Road Naming and Property Numbering Ordinance as follows (and incorporated into the attached Ordinance Section): Section 7-204 (c). We propose that %..has been allowed under Part !11, Section 3 (c) of the Manual..." be changed to read: ".,.has been allowed under Part Iil, Section 2 (d) of the Manual...". This change reflects a misidentification in the ordinance as to the pertinent section of the Manual. it also will reflect the renumbering of this section of the Manual. t1-?-9-01 ~11:03 IN AGENDA TITLE: Albemarle County Road Naming and Property Numbering Manual December 5, 2001 Page 2 RECOMMENDATION: Approve changes to the Albemarle County Road Naming and Property Numbering Manual as requested and authorize advertisement of a public hearing date to amend the Ordinance to incorporate section numbering charlges approved for the Manual. 01.226 ALBEMARLE COUNTY ROAD NAMING AND PROPERTY NUMBERING MANUAL INTRODUCTION This manual is to prescribe a system for the naming of roads; the nuafoering of properties and structures; and the erection and maintenance of associated signage as provided for in Section 16.01- 3 of the Code of Albemarle. The Director of the Department of Planning and Community Development or designated agent shall be responsible for the interpretation and administration of the provisions of this manual. DEFINITIONS Addressable Structure: Any building used for human habitation, or gathering, or for the production or sale of goods or services. Addressing Grid: A series of intersecting lines running north- south and east-west on 1000 foot intervals which is coincident with the Virginia State Coordinate Grid System 1927 datum used to assign address ranges to road segments. Agent: The Director of Planning and Community Development for Albemarle County, Virginia. Cul-de-sac: A vehicular turnaround area at the end of a dead- end street provided for the purpose of safe and convenient reverse of traffic in one continuous forward movement. Direction: The geographic orientation of a named road segment (either east-west or north-south). Designator: Suffix used to indicate the road type. Primary Access: A road or driveway used as the primary means of vehicular access to an addressable structure. PART 1. ROAD NAMING Roads Requiring Names In addition to the requirements of section 16.01-1(c) of the Code of Albemarle, private roads which serve less than three addressable structures may be named as provided for in Section 6 of Part I of this manual. Review and Approval of Proposed Road Names Ail proposed names shall be reviewed by the agent for conformance with the guidelines established herein. If a proposed road name is found to be in accordance with all provisions of Part I of this manual, the agent shall approve the name. Maintenance of Master Road Names Directo~ and Road Names Map Ail approved road names shall be listed in a Master Road Names Directory to be maintained in the offices of the agent. The location of all approved road names listed in the Master Road Names Directory shall be illustrated on a master set of Road Names Maps to be maintained in the offices of the agent. Road Name Guidelines While it is intended that these guidelines be complied with, the agent may modify, vary, or waive any guideline in Part 1, Section 4, in a particular case. Se A proposed road name which duplicates an existing or reserved road name in Albemarle County or the City of Charlottesville shall not be approved. An exception may be made for cul-de-sacs which have the same name as the road from which they originate (example: "Amberfield Court" which originates from "Amberfield Drive"). Road names are limited to three (3) words not including the road type designator. A road name shall not exceed more than sixteen (16) characters including spaces and the designator's abbreviation. A road name shall not include numbers, dashes, apostrophes or other non-alphabetical characters. Compass points such as NORTH and EAST shall not be used in road names. Articles (the, a, an) shall not be used to begin road names. g. Road names duplicating facilities shall not be approved (example: "Bowling Alley", "Tennis Court"). he Usage of names derived from community names or geographic features shall be limited to locations in close proximity to such communities or geographic features. No proposed road name shall be approved which begins with a word that appears as the first word in five or more official road names. No proposed name shall be accepted which is a homonym of an official road name or may be easily confused with an official road name (example: "Forrestview" and "Forestvue"). Where a proposed road is a continuation of or in alignment with an approved road, it shall utilize the same road name as the approved road. A new road name shall be required if the proposed road is disconnected from the existing road by an offset greater than sixty (60) feet. Road Type Designators Road type designators shall be consistent with the roadway's expected traffic use, width of right-of-way and physical design/location. While it is intended that these guidelines be complied with, the agent may modify, vary, or waive any guideline in Part 1, Section 5, in a particular case. ALBEMARLE COUNTY STREET AND ROAD TYPE DESIGNATIONS ALY - Alley ARCE ~.Arch AVE - Avenue BND - Bend BLF - Bluff BLVD - Boulevard CIR - Circle CV - Cove XING - Crossing CT- Court A narrow or minor road in a community. A major road in a community. Generally a minor road in subdivision. Generally along high ground, Wide road with median and landsCaping. A road which returns to itself. Generally a minor road in a subdivision. A road which crosses a geographic feature such as a creek or mountain pass or, a short road that serves as a connector between two other roads. Generally shorter, permanent dead ends or cul-de-sacs. 3 ~ Tm~4ARLE COUNTY STREET AND ROAD TYPE DESIGNATIONS (Continue~) CTR - Center Shopping, commercial areas. DR - Drive A winding arterial/collector. EST - Estate Single ownership (three or more dwellings). EXT - Extended (Extension) FARM -**- Farm single ownership (three or more GRN - Green(e) GRV - Grove HL - Hill HTS - Heights HWY - Highway KNL - Knoll LN - Lane LOOP - Loop PARK- Park PATH - Pa th PL Place PT - Point *PKWY - Parkway **- Reach RD - Road RDG - Ridge ROW - Row RUN- Run SQ - Square dwellings). See "Square" Generally a minor road in a subdivision. Generally along high ground. Generally along high ground. Federal or state designated primary road. Generally along high ground. Generally a narrow road. A drive which begins and ends on the same road. Reserved for entranceways to public parks. A short and/or narrow road. A dead end or cul-de-sac road from which other cul-de-sacs originate. Generally along high ground. A scenic or landscaped road. Generally a minor road in a subdivision. Generally an arterial/collector road connecting to the primary system. Generally along high ground. A short street that parallels another road. Generally a central area with buildings clustered around it. ST - Street A community or subdivision road. TRCE - Trace Generally a minor road in a subdivision. TER - Terrace Generally a minor road in a subdivision. TPKE - Turnpike Reserved for historic turnpikes. TRL - Trail Generally reserved for roads through uninhabited areas. WAY - Way A minor road or street often which dead ends. Five-letter designators may be spelled out completely in suffix space on sign. **You,, m~ use,, Farm and Reach~ but ,on~,~ if ~elled out co~letely. 6. Road N-m~.ng Process For the purpose of this section, "served" by a road shall include right of use whether or not a property actually uses such road. a. Policy on Participation in Road Naming: (i) The process of naming roads shall be limited to those who own property served by the road in question. (2) Where the road serves several properties, the landowners shall be given the opportunity to propose the name. (3) In the event that there is no participation from the landowners, the agent shall name the road in accordance with County procedures. b. Processing Requests for Road Names: Requests to name roads shall be in writing to the agent who shall include the following information: (i) A description of the road's location giving the direction and approximate distance from the nearest intersection of two (2) public roads. (2) A list of all landowners having property served by the road in question together with certification that all such landowners have been notified of the proposed name. (3) Signatures of landowners representing a majority (greater than fifty [50] percent) of parcels served by the road in agreement of a common road name. When determining the percentage of the parcels served by the road in question, a landowner owning more than one (t) parcel served by the road in question is equivalent to a landowner owning one (1) parcel. Upon validating that landowners of more than fifty (50) percent of the parcels served by the road in question have signed the petition in favor of a common road name, and that the proposed name is otherwise consistent with Part I of this manual, the agent shall approve the road na~le. do Road Name Reservation Process Road names may be reserved during the prelirainary plan or plat review process by a Written request to the agent. N~es shall be reserved unless the project is disapproved, abandoned or otherwise voided. Road Naming in the Subdivision and Site Development Review Process 5 (1) A developer may contact the agent prior to submission to determine the viability of proposed names. Road names may be reserved as provided in Section 6-c. (2) Proposed road names shall appear on all final site development plans and subdivision plats, where applicable. (3) No final site development plan or final subdivision plat shall be approved by the agent until all road names have been approved by the agent. (4) Names approved on a preliminary plan/plat shall be reserved for the life of the preliminary plan/plat and shall be shown on the final plan/plat. Road Name Change Process Requests to rename roads shall be in writing to the agent and shall include the following information: (1) A description of the road's location giving the direction and approximate distance from the nearest intersection of two (2) public roads. (2) A list of all landowners having property served by the road in question together with certification that all such landowners have been notified of the proposed name. (3) Signatures of landowners representing a majority (greater than fifty [50] percent) of parcels served by the road in agreement of a common road name. When determining the percentage of the parcels served by the road in question, a landowner owning more than one (1) parcel served by the road in question is equivalent to a landowner owning one (1) parcel. Upon validating that landowners of more than fifty (50) percent of the parcels served by the road in question have signed the petition in favor of a common road name, and that the proposed name is otherwise consistent with Part I of this manual, ~ ....... ~'~ = ...... ~ ~ .... ~ ~ the. agent may make administrative approval to correct errors, in prior approvals of .road...names, otherwise the .agent..s~ai1. forward the, road name change request to the Board of Supervisors for. approval: Final Authority of Board of Supervisors to Assign Road Names The Board of Supervisors may name or rename any road at any time. PART II. NUMBERING Assignment of Numbers by Agent ao Ail numbers for properties and addressable structures shall be assigned by the agent following the procedures and guidelines contained in this manual. Numbers assigned by any other person or entity shall not be recognized. bo Numbers shall be assigned to any new addressable structure shown on a site development plan or lot created by subdivision. Numbers shall not be officially assigned until the final site development plan or subdivision plat has been approved. Numbers shall also be assigned when requested by individuals for new structures that do not reqUire site development plan or subdivision approval. UniformN~--~hering System Established Ail numbers shall be determined by the uniform numbering system hereby established. This uniform system shall utilize a grid system combined with an equal-interval numbering system. Albemarle County~,mhering Grid Defined The Albemarle County Numbering Grid shall be based on the grid superimposed over the State having lines at 10,000 foot intervals oriented north-south and east-west. The Numbering Grid shall have lines every 1000 feet interpolated between the 10,000 foot grid lines. The Numbering Grid thereby establishes a series of 10,000 square foot cells or blocks covering the entire County. The axes or baselines of the Numbering Grid shall have their origin at the intersection of the 1000 foot gridlines nearest to the actual intersection Of Wertland Street and 15th Street NW in the City of Charlottesville. Numbering along the axes of the grid begins with zero at the origin and increases outward from that point with 100 numbers allotted per tOOO feet (thus resulting in a pair of numbers every twenty feet). This grid shall be used to determine the direction and address range of a given road segment. N%~m~ering Procedures a. Direction of Road Determined (1) Before numbering along a named road may proceed, the direction of the road must be determined (east-west or north-south). Generally, a road's direction shall be determined as that of the Numbering Grid baseline the road in question most closely parallels. (2) Consideration may also be given to the type of development involved, the relationship of the road in question to other roads around it, and the pattern of address numbers that result. b. Number Range of Road Established (i) The number range along a naraed road shall be established by the Numbering Grid baseline which has the same direction as the named road. (2) In the event that a named road crosses one of the baselines of the Numbering Grid, the number range of that named road shall be adjusted so that no number occurs twice along the named road. c. Numbers Assigned Once the direction and number range of a particular road segment has been determined, the numbering Of the addressable structures and properties along the road segment shall be done utilizing an equal-interval methodology. The numbers shall be assigned beginning at the end of the road segment nearest the origin of the Numbering Grid. The numbers shall then be evenly distributed within established number range. General Numbering ~uidelines so Even numbers shall occur on the .... ~ -~- -= ......... roads, right hand side. of the road in ~he direction of increasing range. Odd nu_mbers shall occur on the opposite sides. Ail addressable structures and properties shall be on the named road which a structure's or properties numbered primary access intersects. The specific number shall be determined by the point at which the access meets the named road. The number sequence for addressable structures or properties on opposite sides of a road should conform to each other as nearly as possible. Half numbers shall not be used. Alphabetical suffixes are acceptable when a secondary address designation is necessary. Reverse frontage or through lots shall be numbered along the local road which provides access to the lot. Corner lots shall be numbered on the road which provides access. Where the driveway for a corner lot intersects more than one street, the agent shall make the final determination as to which road to base the number, with consideration to such factors as the driveway's length, orientation of the structure and other relevant factors. When two (2) addressable structures share an access, they shall be numbered consecutively with adequate consideration given to possible future development between the structures. 8 Temporary numbers shall not be i~sued. A number may be issued to a structure that is intended to be temporary (such as a construction site trailer office), and upon removal of the temporary structure, the number shall be retired. Mobile Home Developments Within mobile home parks all roads shall be treated as private roads unless dedicated for maintenance by the Virginia Department of Transportation and road name and road signage shall apply accordingly. Each mobile home lot shall be nun~bered in accordance with this manual. The mobile home park owner shall be responsible for posting lot numbers in a manner acceptable to the agent in accordance with Part IV, Section 1, of this manual. Residential Apartments and Other Multi-dwelling Structures Individual apartment units shall be numbered considering the type of unit, the individual apartment entrance location and building design as follows: Duplex: A number shall be provided to the front entrance of each individual unit. bo Townhouse: A number shall be provided to each individual unit at its front entrance. Garden Apartment: A number shall be provided to each unit at the entrance. If the apartment unit's entrance is located on an inside foyer, a number shall be provided outside the building entrance. Each unit located on such foyer shall be provided with a numerical suffix as a secondary method of addressing. Specifically, ground floors shall use suffixes in the 100's starting at unit 101, the second floor shall use the 200's starting at unit 201 and so on to other levels (the basement level shall use 000's starting at unit 001). The building number and road name followed by the apartment unit's numerical designation shall form the address (Example: 630 Old Shady Grove Road, Unit 101). Numerical characters shall not be combined (as in 630-101 Old Shady Grove Road). The development name may also be used in the address whenever desirable. For single level garden apartments and house apartments, letters may be acceptable as a secondary method of addressing. Commercial, Office and Industrial Complexes For commercial, office and industrial complexes, a numbering choice shall be made by the agent from several methods: so Assign the number to the main building where all mail is to be received for the complex. The development name may be included in the address. Each principal building in the complex may be provided a separate number, and the buildings may also be named. The development name and/or the building name may be included in the address. 9 Co For shopping center development, a separate number shall be assigned for each unit's main entrance. The shopping center name should be included in the address. Consideration should be given when assigning numbers to provide flexibility for adding stores and redivision of spaces. In the event a space is redivided and no numbers remain available alphabetical or numerical unit designations shall be used. do Interior mall shopping centers should have one number assigned for the entire mall. The shopping center name and store name should be included in the address. Individual stores should not be assigned numbers except that secondary addressing may be provided in accord with Part ll.5.d of this manual. A separate property number may be assigned for the mall business office. Where deemed appropriate by the agent, a multiple-story building may be assigned one address number at its main entrance. Individual units may be provided with secondary addressing based on floor numbering together with unit appellation such as "suite" or "room". The first floor shall be assigned numbers beginning with 100 and numbers on each successive floor should increase to the next highest 100 Series (second floor - 200 series; third floor - 300 series, etc.). A basement or floor below ground level may use a three digit series beginning with zero. Agenc£es to Be Notified of N,,mhezs Assigned The agent shall notify the following agencies and departments of all approved road names and assigned numbers within five (5) days of approval or assignment, as the case may be: Albemarle County Department of Real Estate Albemarle County Department of Building Inspections Albemarle County Department of Police Albemarle County Department of Sheriff Albemarle County Service Authority Albemarle County Registrar's Office Albemarle County Fire/Rescue Administration University of Virginia charlottesville-Albemarle Emergency Operations Center United States Postal Service Address Programs Support Office The agent shall also notify any other governmental agencies or departments and utility requesting notification. 10 PART III. SPECIFICATION FOR ROAD NAME SIGNAGE 1. Materials and Physical Description for Signs so The road name sign blank shall be made from extruded edge aluminum material, conforming to ASTM 6209 for Alloy 5052-H38 or its equivalent. The sign blank thickness shall be 0.83" or greater and each corner of the sign blank shall be square cut. There shall be two sizes of road name signs; standard and oversize. Standard signs shall be six (6) inches in vertical length (height) while oversize signs shall be nine (9) inches in vertical length. Standard signs shall be used along all secondary and subdivision roads except at intersections with primary roads. Oversize signs shall be used along primary roads and at secondary and subdivision roads intersecting primary roads. The letter type shall confo~T~ to Federal Highway Association "Standard Alphabets for Highway Signs", Series B, upper case, as prescribed below and in d. The size of the sign blanks; message lettering; and reserved spaces for route and block numbers for Standard and Oversize signs are as follows: S~G~ BL~S Horizontal length Vertical length *Route Decal Reserved Space Block Number Reserved Space STANDARD (Local/Subdivision) 24" min to 46" max 6" 6" x 1.25" 6" x 2.5" OVERS I ZE ( Primary/Collector ) 30" rain to 48" max 9" 12" x 2.5" 12" x 3.5" MESSAGE LETTERING: SIZE AND TYPE Prefix Capitals 2" B 3" B Name Capitals 5" B 6" B Suffix Capitals 2" B 3" B Route Decal 1" B 2" B Private 1" B 2" B Block Number 2" B 3" B *For private roads, place the word PRIVATE in Route Decal Space The less common designators such as FARM, WAY, HEIGHTS and TRACT may be placed in the main message field if space is available. 11 The sign may be constructed using the cut letter process. The green and white colors shall be uniform throughout the length of the sign. (1) When the cut letter process is used, the sign blank shall be covered on both sides for the entire length of the blank with a high intensity (encapsulated) reflectorized green background sheeting, 3M "Scotchlite" brand product number 3877 or equivalent product. High intensity (encapsulated) reflectorized sheeting 3M "Scotchlite" product number 3870 or equivalent product shall be used for the silver-white letters and numerals. The reflective material shall be applied to both sides of the blank name plate with mechanical equipment in a manner specified by the sheeting manufacturer. The sign background shall be comprised of not more than one piece of reflective sheeting. The letters and numerals shall be applied on both faces of the sign using the cut letter process. The reflective sheeting shall have a minimum guaranteed life of ten (10) years. The maximum space available on a standard (6" high) sign for the road name is thirty (30) inches and an oversized (9" high) sign has 32 inches of space for the road name. Spacing between letters within a street name should conform to the spacing dimensions shown in the Virginia Supplement to the Manual on Uniform Traffic Control Devices for Streets and Highways unless this will result in a sign width greater than the maximum space available. If the n~e will not fit in the space available, a thirty (30) percent force factor may be used. Finally, if the approved road name will not fit on the maximum length sign with the Series B letters and a thirty (30) percent force factor, a modification shall be required from the County Engineering Department. so At the end of the road name there are three (3) spaces either six (6) inches (for the 6" sign) or twelve (12) inches (for the 9" sign) in length which are stacked one over the other. These spaces are reserved for the route decal, the block number and the road type suffix. If the block number is to be affixed in decal form, the decal will be of the same material as the main sign sheeting as specified above. The directional triangle, a 1.25 inch equilateral triangle for the six (6) inch sign or 1.5 inch equilateral triangle for the nine (9) inch sign of silver- white "Scotchlite" material or equivalent product, is to be affixed in front of or at the end of the block number to point in the direction of increasing numerical values. See "Detail B" for location of spaces. f. The route decal shall be non-reflectorized with a black message on a white color field. Post and Hardware Specifications a. A metal post will be used to mount the signs to. The post shall be a 9'x2"x2" 14 gauge square galvanized steel quick punch break-away post complete with anchor base or 12 equivalent. Hole diameters should be seven-sixteenths inch, centered and aligned with holes on the opposite side. There shall be no holes drilled into the post more tkan 18~ above the tope of the in-ground anchor. The signs will be attached to the mounting bracket(s) and post, using heavy duty aluminum vandal resistant screws, bolts and/or nuts. A special sign post and/or installation may be allowed at the discretion of the Director of Engineering provided it is equal to or exceeds the specifications above. Where allowed, a maintenance agreement between Albemarle County and the responsible party shall be required for the maintenance of any special installation. Location of Post and Sign The sign post shall be placed in the road right-of-way a minimum of three (3) horizontal feet from any above ground or underground utility or equipment line. The installer shall be responsible for contacting "Miss Utility" before installing signs (1-800-552-7001). At the intersection of a primary and secondary road or in the event a road name changes at an intersection of two (2) secondary roads, two (2) sign locations are to be used. For all new roads, a minimum of two (2) signs are required at every intersection. The sign post shall be located on the right hand side of the street for a right turn onto the secondary road, where possible. The sign shall be a minimum of five (5) horizontal feet on the centerline radius of the curve from the outer edge of the pavement for roads without ditch lines. The sign must be installed behind an existing ditch line while remaining within the road right-of-way. Those roads that have ditch lines less than three (3) feet from the edge of pavement will have signs placed two (2) horizontal feet back from the ditch line. (See "Detail A" for diagram.) For urban road sections with curb and gutter, the sign post will be placed behind the edge of the curb and five (5) horizontal feet on the centerline radius of the curve from the edge of pavement. If a sidewalk is adjacent to the curb, then the sign post will be placed behind the sidewalk and within the right- of-way. Signs and posts shall not obstruct handicapped ramps or wheelchair loading areas in the vertical or horizontal direction. At the intersection of two (2) secondary roads, only one (1) sign location is to be used except as required in 4.a. This is to be the right hand corner of the intersection for inbound traffic to the subdivision (see "Detail A" for diagram). The Director of Engineering may allow an alternate sign location upon finding that due to existing site conditions, the foregoing locational requirements cannot be practicably met, or that an alternate location would equally or better serve the purposes of this manual. This must be confirmed with the County Engineering Department prior to installation of the sign. 13 PART IV. DISPLAY OF ADDRESS NUMBERS ~eneral ~uidelines for Display of Address Numbers so Address numbers shall be displayed at the primary access entrance on a mailbox, post, fence or other suitable location that is easily discernible from the road. If the structure is one hundred (100) feet or less from the road, the entrance door of the structure is clearly visible from the road, and there is no mailbox, post, fence or other suitable location at the primary access entrance. Numbers shall be displayed on, above, or at the side of the main entrance door in a manner that is clearly visible from the road upon which it is numbered. The address number shall be displayed as numerals and shall not be spelled out. Secondary address designations shall comply with Part ll.'5.d. Co The numerals displayed, and where applicable, lettering, shall be at least three (3) inches in height on a contrasting background (dark figures over a light background or light figures over a dark background). If the mailbox is not located on the named road from which the number has been assigned, the entire address (number and road name) shall be shown on that mailbox to avoid confusion. In such cases, it will be necessary to also display the number on the property as stated above. On corner lots, the number shall only be displayed to face the street upon which the property is numbered. Any numbers previously displayed, which could be confused with or mistaken for the assigned address number shall be removed from the mailbox and property. Numbers shall be properly maintained by the property owner to ensure they are clearly discernible from the roadway upon which the property is numbered. Displa~ of Address ~,m~ers for Multi-Unit Buildings and Multi- Building Complexes so If a building is divided into multiple units with separate entrances, and each unit has been assigned an individual number, then each unit number shall be displayed on or next to the main doorway. The address range of all individual unit numbers within a multi-unit building shall be displayed in a manner that is clearly visible from the road upon which the units are numbered. If more than one building shares an access, then the address range shall also be displayed on each building. Additional Signage Required When Necessary The agent may also require numbers or address ranges to be posted in 14 additional locations as deemed necessary to the purpose of Chapter 16.01 of the Code of Albemarle~ I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of the Road Naming and Property Numbering Manual adopted by the Albemarle Board of County Supervisors at a regular meeting held on January 6, 1999. Clerk, Board of Supervisors 15 Draft: 11-20-01 ORDINg2~ICE NO. 02-7( ) AN ORDINANCE TO AMEND CHAPTER 7, HEALTH AND SAFETY, ARTICLE II, NAMING OF ROADS AND NUMBERING OF PROPERTIES, 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 7, Health and Safety, Article II, Naming of Roads and Numbering of Properties, of the Code of the County of Albemarle is amended as follows: By Amending: Sec. 7-204. Responsibility for placing and maintaining road signs. The responsibility for placing and maintaining road signs required by this article shah be as follows: A. The county engineer shall be responsible for placing signs at each intersection and at other locations deemed necessary by the agent on: 1. Each public street or private road which serves or is designed to serve three (3) or more dwelling units or business structures which is not approved as a part of a subdivision or site plan; m Each road funded by the county or the Virginia Department of Transportation; and 3. Each existing road serving more than two (2) parcels but not more than two (2) addressable structures, but only at such time when the road serves three (3) addressable structures; provided that if a subdivision or site plan is approved which would be served by the road, then the subdivider or developer shall be responsible for such placement, as provided in paragraph (B)(1). B. The subdivider or developer shall be responsible for placing signs at each intersection and at other locations deemed necessary by the agent on: 1. Each road approved as part of a subdivision plat or site plan; 2. Each existing road in an existing subdivision or development which is bonded for future acceptance into the secondary system of state highways; and 3. Each existing road for which the placement of signs becomes the responsibility of the subdivider or developer, as provided in paragraph (A)(3). C. The subdivider or developer shall maintain signs it is required to place until such time as the roads are taken into the secondary system of state highways, or are taken over for maintenance by the homeowners as required pursuant to a private road maintenance agreement. Thereafter, the signs shall be maintained by the county except where a special installation has been allowed under part m, section 3(e) 2(d) of the manual developed and adopted pursuant to section 7-202. (§§ 16.01-1, 16.01-5, 7-8-92; 1043-93; Code 1988, §§ 16.01-1, 16,01-5; Ord. 98-A(1), 8-5-98; Or& 02- 7(1), 1-9-02) State law reference-Va. Code § 15.2-2019. Sec. 7-204 Responsibility for placing and maintaining road signs. T S ~C 7 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY Elierslie Drive Name Change SUBJECT/PROPOSAL/REQUEST: Road Name Change Request STAFF CONTACT(S): Messrs. Tucker, Foley, Cilimberg, Weaver ',AGENDArDATE:' December 5, 2001 ITEM NUMBER:' ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes BACKGROUND: 'Pursuant to Part I, Section 6 (e) of the Albemarle County Road Naming and Property Numbering Manual, road name change requests may be forwarded tO the Board of Supervisors for approval upon validation of the following: L.andowners of m~r.e than fi ~ft~. (50)~.percent of the parcels sen/ed by the road in question have signed a petition in favor ota common roaa name, and that the proposed road name is otherwise consistent with ~ mad. name guidelines (not a duplicate name, etc,) outlined in the Manual. DISCUSSION: Request to change the name of a portion of Ellerslie Drive to Albemarle House Drive at the request of the landowner (see attached letter). A map indicating the location of this portion of the road is also attached. The property owner will be responsible for costs associated.with new signage. ~COMMENDATION: Approve the new road name as r~quested and grant staff the authority to coordinate/implement the above referenced change. 01.225 11-20-0t ^11:13 IN /iL P-iTIUCK POWEIff., FACSIMILE TRANSMITTAl, SFIEET TAMEILA BO[.1DR~'~A U ALBJSM2\RLE PI~5 NNING 1 '1 / 16/01 'l'()'['AI. NO ()1; laACH~S INCLLIIJIN~; 80~972-~12 2 URGENT ~ F()R REVIEW ~ PI,I*;ASI~ CO,MM 5N'I' ~ PI,[':ASI,~ RJ~PLY ~ PI,tL~SI5 RISCYCLI.~ N ( Yt'I iS/Ct) MMI ( N'I-S: Following please tMd our "Petition to Rename a section of Ellerslie Drive".. able to secure UVA's consea~t to re-name the road "Albenx~rle House Drive". Thank you for your kind assistance, and for your many other courtesies, Tamera Boudreau We were '[O'd '~-15-0~ PO;~:O~ ra ~snol-I ~k~tu~qk-x7. Vi~: [12 120 9"E-^ON T-Z3g P oo~/ooz F-39Z Octobc,r 25, Petition 'Yo Rennltw it ~nn of lfl~c~ile l~tiva asnoH ~L~ZtU~qL,o, ~';~17: 1El: [0-9~ CITY OF ,OTTESVILLE ~ E DETNL MAPI \ \ A / ! / / /// ~// / o...I PVT £LL£RSL IE PORTION OF ELLERSLIE DRIVE TO BE RENAMED / I / / I \ COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Progress report on the Easements (ACE) Program Acquisition of Conservation SUBJ ECT/PROPOSAL/REQU EST: Request approval of the final ACE applicant ranking order and number of appraisals to order. STAFF CONTACT(S): Messrs. Tucker, Foley, Cilimberg, Benish, Goodall AGENDA DATE: December 5, 2001 ACTION: CONSENT AGENDA: ACTION: × ATTACHMENTS: Summary of applications properties REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: and rankings of individual BACKGROUND: The Acquisition of Conservation Easements (ACE) Program received six (6) applications for its second round. Per the County ordinance, properties were ranked by a series of objective criteria including open space resources, threat of conversion to developed use, natural, cultural and scenic resources, and County fund leveraging from outside sources. In addition to the new applicants, three (3) applicants from last year asked to be re-enrolled and placed in the second applicant pool. To be eligible for funding from ACE, an applicant must score a minimum of fifteen points under the established "ranking criteria". DISCUSSION: From the second pool of.applications, all six (6) applicants are eligible for funding by virtue of scoring at least fifteen points. Applicants came from nearly every part of the County and scored from a variety of criteria. In addition to the new pool of applicants for 2001-02, three (3) applicants from last year have been included for the second round. Though all were eligible last year, none of these applicants scored high enough in the ranking order to qualify for an appraisal or receive funding from ACE. At their request, they were added to this year's list and ranked according to points scored from the evaluation criteria. The most common source of points for all properties included elimination of development rights, length of road frontage, working family farm, mountaintop protection and location next to an existing easement or protected open space. Based on the projected easement value using the appraisals from last year as a guideline, it appears ACE can afford to purchase the development rights on all six of the new applications (for 2001-02) plus the McCaskill property, a re-enrolled applicant from last year. At its November 15th meeting, the ACE Committee approved the final ranking priority list recommended by staff (see Attachment "A"). It also recommended that the Board recommend appraisals for all seven of the properties described above. Assuming a revised and improved RFP for appraisals is mailed out in the next week, staff anticipates the following timeline in order to complete the purchase of conservation easements: mid February - completion of appraisals mid March - appraisals are reviewed, accepted by the Appraisal Review Committee and sent to the Board for approval mid May- County purchases development rights on properties RECOMMENDATION: The following recommendations are provided for action by the Board of Supervisors: 1) Approve the final applicant ranking priority list - ACE applications for year 2001-02. 2) Order appraisals for the top seven ranked properties. 01.220 11-29-01 P03:53 IN ACE Applications for Year 2001 (deadline of August 1s~, 2001) (15 points are needed to qualify.for ACE Funding) Applicant Tax Map (Acreage) Points Travel/Tourism Value* MehringFamilyLP TM 97, Parcel 2lB 565.363 acres) (Covesville) 41.96 yes Pollock Jason K. TM 71, Parcel 26 (Batesvffie) 2M 85A, Parcel 1 TM 85, Parcel 21 TM 85, Parcel 22B Total 21.730 acres) 23.990 acres) 42.000 acres 56.710 acres) 144.430 acres) 24.70 - 27.53 no Byrom, RobertM. TM 6, Parcel 16 (115.350 (Boonesville) TM 6, Parcel 29 (484.240 Total (599. 590 acres ) 23.10 yes acres) acres) W. B. McCaskill ** TM 72, Parcel 51 (Batesville) 167.602 acres) 22.48 no Hughes, MassieE. TM 84, Parcel 57 (Batesville) TM 84, Parcel 58 Total 29.200 acres) 20.18 89.620 acres) 118.820 acres) no Clarke, Gladys W. TM 55, Parcel 7 (Greenwood) TM 55, Parcel llA Total 54.700 acres) 19.53 65.550 acres) 120.250 acres) no Millwood Land Trust TM 65, Parcel 86 (105.360 acres) 19.28 yes (Cismont) Hart, James** TM 103, Parcel 31 (227.030 acres) 17.55 no (Buck Island Creek) Scharer, Edward** TM 93, Parcel 5iA {113.725 acres) t7.45 yes (Boyd Tavern) * Travel/tourism Value is determined by the presence of specific elements from the ranking evaluation criteria making certain properties eligible for funding from the transient lodging tax. The specific criteria include the following: contains historic resources or lies in a historic district; lies in the primary Monticello viewshed; adjoins a Virginia scenic highway, byway or entrance corridor; lies on a state scenic river; provides mountaintop protection. '** Re-enrolled from last year. 4 i ACE Applicants for 2001-02 " 10 11 .! ~ [ ~"~ ~ ~ ,.~.. ~ ~',~ '--~ ~ { '--.. / ~ ~ . : ~ ~ , / , ,/,. ' · .,' ": '.X'" -~ 86 874,88. 89 ,b~90 /~1 ~ :' · k ~ ' ivle~ln~ '~ ~ / ~J -- ~ T ~ ~ / ~ . ,~ __','~ ~.~ ' ~ ' ' ":t',=~ -- " H~ :'"' .'~(:....-.<' I ~ ,~ ,~ ~: ', ~ ~'~',, ~ALBEMARLE ~ 'X ff ~/1~' ~ ff'~',..- ~ ,~ '%~" ~COUNTY VIRGINIA ~ / ~'~'~~ -- 1' ~*~, '2~ , MAP QUADRANT 1~ 133 11~4~,,~,6 ~1:7 HIGH~AY - ~REPARED BY: ~op~ent ) epartment of Planning and Community De',elop ~ent , Office of Mapping~Graphics and Information Resources (OOMGAIR ACE Progress Report L nder This was scanned separately Land Use Reports COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Update on Monticello Fire Department SUBJECT/PROPOSAL/REQUEST: Approval of final budget based on recent bids STAFF CONTACT(S): Tucker, Foley, Graham, Lilly, Pumphrey / AGENDA DATE: December 5, 2001 ITEM NUMBER: IN FORMATION: INFORMATION: ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: Yes BACKGROUND: The enclosed information information indicates, the b designing the project, staff a As a result, the bids also inc of the building and additior County projects t(~ proceed' and site work has increas development of the property In addition to site and road and durability. While the cost will result in energy-effi of these changes should r~ (approximately $50,000) is Even with these changes, indicates, this square foota stations. DISCUSSION: With the exception of $50,0 investment in the future de, proceeding with these chan utlines the results of recent bids received for the Monticello Fire/Rescue Station. As the ds came in only slightly higher than currently budgeted for the project itself. However, in so considered the much larger tract of County property surrounding the site and its future use. lude planning for use of the entire site through changes in the grade of the road, the elevation al rock removal to accommodate the changed elevation. These changes will allow future without extensive roadwork and cut and fill. To accommodate these changes the cost of road ~d by $445,000. However, this investment will result in $521,000 in savings for future ssues, staff is recommending several upgrades to the building to improve energy-efficiency s for the building are 6% or $104,000 higher than originally planned, approximately half of this ;iency, durability and operational improvements, as is noted in the enclosed information. Each ;suit in operational cost savings once the facility is open. The remainder of the increase equired to accommodate ADA and other building code requirements not originally anticipated. the total cost of construction will be $121 per square foot. As the information from staff e cost is below that of other localities who have recently constructed similar Fire/Rescue 0 for required changes to the project, the $545,000 increase in cost represents a worthwhile ~elopment of County property or a savings in the operation of planned facilities. In addition, les will offset approximately $521,000 in future development costs. Because this project has been planned for several years and due to remaining balances from other projects previously completed, sufficient fundsare currently available to proceed with the total bid. Assuming approval of these additional investments the station buc~get will need to be amended by $100,300, as shown in the atta~hr~ent. The amended budget will reflect only the changffs in the cost of the Fire/Rescue station. The additional costs associated with future land development wil be identified separately in the CIP. RECOMMENDATION Approval of the amended budget as shown in the attachment. No additional appropriation will be necessary. 11-30-01 P01:33 IN 01.230 COUNTY OF ALBEMARLE DEPARTMENT OF ENGINEERING & PUBLIC WORKS TO: VIA: FROM: DATE: SUBJECT: Tom Foley, Assistant County Executive Mark Graham, Director of Engineering & Public Work~ Ron Lilley, Project Manager ~ November 12, 2001 (revised 11/30/01) Monticello Fire & Rescue Station Project Budget update This will update my October 23 memo regarding fire station budget update, with revised cost figures based on bids received October 30, 2001. Summary In summary, the Fire & Rescue Station project cost is $2.75M, which is $100K more than the 3/01 schematic-level project cost. The building cost increased $104K, due to required changes and operational improvements that will yield future cost savings. Additional sitework costs for future development that is more cost-effective to do now rather than later are also necessary. The following table summarizes the cost changes and the basis for them. A more detailed explanation and attachments follows. 3/01 Building budget + required building changes + operational improvements for future cost savings 11/01 building budget 1,618,000 49,500 (1) 54,500 (2) 1,722,000 3/01 site & road budget 11/01 site & road budget 505,000 505,000 11/01 Property Infrastructure Improvements 445,000 (3) (1) Enlargements for ADA accommodations and structural improvements for seismic requirements (2) Energy efficiency improvements, durability improvements, ease-of-use improvements (3) Future road and property improvements. Provides $616K benefit to future development ($171K savings by doing at same time as Fire Station instead of later). MEMORANDUM Monticello Fire Station - budget update November 12, 2001 (revised 11/30/01) Page 2 Construction Cost Building w/base site, and road: 2,272,500 Building w/enhanced'site, and road: 2,672,000 Total Proiect Cost 2,771,500 3,192,000 Background Based on the schematic design and cost estimate provided to you 11/00, which indicated a $3.02M total project budget for a 3-bay station (scope of 2-bay vs. 3-bay still unresolved at that time), the BOS requested potential cost reductions to be identified in 12/00. The following were identified: try to use a slightly steeper access road, thereby allowing the building elevation to be about 2' higher, thereby eliminating approximately $180K in grading and retaining wall costs. do a 2-bay building instead of a 3-bay, reducing costs by about $116K do only the originally-envisioned partial access road (24' width) instead of 38' width access road, reducing costs by about $125K (based on prior estimates of different road scenarios -- no road had been designed at that point and no "real" estimate prepared). A net savings of approximately $372K was identified, bringing the total project budget to $2.65M, which was approved by the BOS in 3/01. Current Status Design was completed and bids were received, resulting in a total project budget (fire station portion without future property improvements) of $2.75M ($100K (3.8%) above BOS-approved budget). Explanation This cost increase is accounted for as follows: Approx $104K is additional building cost (6% above budget) Approx $16K is additional geotechnical engineering cost Approx $20K is reduction of contingency as uncertainty has been reduced. Building costs increased due to: (a) a slight increase in building size (396 SF) to accommodate ADA requirements in corridors (b) an increased seismic rating requirement (c) durability improvements to improve life-cycle costs (d) energy-efficiency improvements (e) operational improvements (f) scope corrections/enhancements Geotechnical engineering c6sts increased due to the additional time involved in assessing rock conditions and in monitoring placement of fill material on site. MEMORANDUM Monticello Fire Station - budget update November 12, 2001 (revised 11/30/01) Page 3 The building cost is now estimated to be approx $121/SF. This compares favorably with costs seen in other jurisdictions. Cost Offsets - Future Proiect Investment A substantial potion of this project's costs will offset costs of future County projects in the vicinity. fill material -- approx 53,000 CY of excavated material will be used for fill on other portions of the County property, which offsets the cost of off-site borrow that might otherwise be needed by approx $425K. The cost of on-site borrow for future projects would be reduced by approximately $270K. road construction -- the access road that will ultimately serve development on the west side of the County property and the County property to the south will be substantially constructed with this project. Including the cost of waterline relocation, this is estimated to amount to $ 316K. sewer to site -- bringing sewer to the site will cost approx $30K. These cost-offsets amount to $771K in the case of offsite-borrow or $616K in the case of on-site borrow. On-site borrow was assumed for this analysis. Another way to look at the amount of infrastructure being provided by this project that will benefit other projects is to compare what would be needed just to serve a fire/rescue station with what is being provided. The following table shows this comparison, based on a simpler, steeper road that would be sufficient if other uses were not expected to use the road in the future, which also allows considerable site development cost savings associated with a higher building elevation (less cut). Fire Station Only Road and Site $ 505,000 Fire Station w/future infrastructure $ 950,000 Difference: $ 445,000 Although future infrastructure was considered with the schematic-level cost estimate, only about $30,000 was included for the cost of the infrastructure beyond what would be needed for the fire station. An updated project budget sheet is also attached. If you have any questions or require additional information, please do not hesitate to contact me. Copy: Carl Pumphrey, Fire/Rescue File: \lilley\fire station\cost explanation mcmo3.doc PROJECT BUDGET for Monticello Fire Station Updated 11/30/01 Construction Building (2 bays) Site Development Architectural Consultants Architect Surveyor Road Inspections/Testing Special Inspections & Testing County Project Inspector Geotechnical Surveys/Testing Furniture/Fixtures Computer Equipment Miscellaneous Land Subtotal Contingency TOTAL Original 3126101 Current Bud_oet Bud_oet Bud_oet Difference 1.600.000 2.123.000 2.227.000 (104.000) 1.600,000 1,618,000 1,722,000 (104,000) 505,000 505,000 0 D 204.000 204.000 Q 142,000 180,000 185,000 (5,000) 0 4,000 4,000 0 20,000 15,000 5,000 50.000 30.000 46.000 (16.000) 50,000 30,000 35,000 (5,000) 0 0 0 0 0 0 11.000 (11,000) 100.000 100,000 100,000 0 25,000 25.000 25.000 0 10,000 10,000 10,000 0 0 0 0 0 1,785,000 2,492,000 2,612,000 (120,000) 80,000 t54,700 135,000 19,700 $1.865,000 $2,646,700 $2,747,000 (100,300) Mill Creek Property improvements for Future Development $445,000 file: \lilley\fire station\project budget as of 11-30-01 Comparable Costs -- Other Jurisdictions (Building costs w/out sitework) Fair.fax 1995 project 1996 project 2001 project $/SF 126 166 - Igl Loudoun Broadlands (FY02) 151 Henrico current project (more sheetrock walls than preferred) 135 Chesterfield 1999 project 2000 project 130 135 CONTRACT BETWEEN OWNER AND CONTRACTOR This Contract dated this 6th day of November 2001, between The County of Albemarle, Virginia ("Owner"), and Crenshaw Construction Co., Inc. ("Contractor"), is binding among and between these parties as of the date of the Owner's signature. RECITALS 1. The legal address for the Owner and for the Contractor and the addresses for delivery of Notices and other project documents are as follows: Owner- Attention- Address- City, State, Zip- Telephone- The County of Albemarle, Virginia Ronald A. Lilley, Project Manager Albemarle County Office Building Department of Engineering and Public Works 401 Mclntire Road, Room 211 Charlottesville, Virginia 22902-4596 (804) 296-5861 FAX (804) 972-4035 Contractor- Attention- Address- City, State, Zip- Telephone- Crenshaw Construction Co., Inc. Richard N. Crenshaw, President 129 East Davis Street, Suite 230 Culpeper, Virginia 22701 (540) 829-6919 Contractor's Virginia License #: 2705-029923A FAX (540) 829-6957 FEIN: 54-1761271 2. The Project is identified as: Project Title - Monticello Fire & Rescue Station No. 11 (RFQ 2001-10303-11) General Project Description - The project is generally described as a 14,242 SF single-story 2- bay fire station of concrete masonry with steel roof structure and typical HVAC systems, and includes utilities and site improvements, including substantial excavation and road construction. The scope includes the roof system in additive bid item number one. The Project Title indicated above is required to be shown for identification purposes on all project-related material and documents including, but not limited to, Notices, Change Orders, Submittals, Requests for Information, Requests for Quotes, Field Orders, minutes of meetings, correspondence, Schedule of Values and Certificate for Payment, test reports, and related material. 3. After competitive sealed bidding pursuant to the Virginia Public Procurement Act, Contractor is awarded this Contract to perform the Work described by the Contract Documents for the above-described project ("the Project"). THEREFORE, in consideration of the Recitals set forth above, and good and valuable consideration as set forth below, the parties agree as follows: 1. STATEMENT OF WORK: The Contractor shall furnish all labor, equipment, and materials and perform all Work for the Project in strict accordance with the Contract Documents and specifications. CONTRACT DOCUMENTS: This Contract shall consist of the following: - this Contract Between Owner and Contractor; - the Bid Form submitted by the Contractor; - the County of Albemarle Construction Contract General Conditions, latest revision; - the Supplemental General Conditions; - the Special Conditions attached to the Owner's Invitation for Bids; - the Owner's Project Plans and Specifications dated October 1,2001; - modifications to the Invitation for Bids shown as Addenda Nos. 1, 2, and 3 All of these documents are incorporated herein by reference. 3. TIME FOR COMPLETION: The Work shall be commenced on a date to be specified in a written order of the Owner and shall be Substantially Completed within 350 calendar days of issuance of the Notice to Proceed. The Work shall be finally completed within 30 consecutive calendar days after the date of Substantial Completion of the Work. 4. COMPENSATION TO BE PAID TO THE CONTRACTOR: The owner agrees to pay and the Contractor agrees to accept as just and adequate compensation for the performance of the Work in accordance with the Contract Documents the sum of two million, six hundred twenty-two thousand, one hundred and 00/100 dollars ($2,622,100.00). This Contract is subject to annual funding by the Board of Supervisors of the County of Albemarle, Virginia, for services and work specified hereunder. In the event the Board of Supervisors fails to appropriate funds necessary to perform the services and work specified in this Contract and other contract documents, this Contract shall be deemed cancelled, with no penalty to the County, and of no effect, provided notice of such cancellation is given to the Contractor within thirty (30) days of the Board of Supervisors final approval of the annual County budget. In the event that this Contract is cancelled for the reasons set forth in this paragraph, the Contractor will be reimbursed for the value of all work performed or services rendered as of the date of cancellation in accordance with the General Conditions. 5. PAYMENTS: The procedures for establishing a Schedule of Values for the Work, for requesting monthly progress payments for Work in place, and for requesting payments for properly stored materials are stated in the General Conditions. Unless otherwise provided under the Contract Documents, interest on payments due the Contractor shall accrue at the rate of one percent per month (§2.2-4354(4) of the Code of Virginia). 6. CONTRACTUAL CLAIMS: Any contractual claims shall be submitted in accordance with the contractual dispute procedures set forth in Section 46 of the General Conditions and the supplemental instructions or procedures of the contracting State Agency, if any, attached to this Contract. 7. NON-DISCRIMINATION: §2.2-4311 of the Code of Virginia applies to this contract. See Section 4 of the General Conditions. IN WITNESS WHEREOF, the parties hereto on the day and year written below have executed this agreement in three (3) counterparts, each of which shall, without proof or accountancy for the other counterparts, be deemed an original thereof. Crenshaw Construction Co., Inc. CONTRACTOR By: By: (Signature in ink) (Date) The County of Albemarle, Virginia OWNER (Signature in ink) (Date) Name: Richard N. Crenshaw Title: President Name: R. Edward Koonce, III Title: Chief of Financial Management ATTEST (Signature) (Date) ATTEST (Signature) (Date) Attachments: A - Bid Form submitted by the Contractor File: \lilley~fire station\construction contract.doc' Laurie Bentley From: Sent: To: SUbject: Ron Lilley Thursday, December 06, 2001 3:40 PM Laurie Bentley;, Mark Trank; Ed Koonce; Marsha Davis; Ella Carey RE: Monticello Fire Station Based on the fact that funds are already in the project cost code, Ed Koonce was able to sign the contract. I don't think any BOS paperwork needs to happen after all. ---Original Message--- From: Laurie Bentley Sent: Thursday, December 06, 2001 3:39 PM To: Ron Ulley; Mark Trank; Ed Koonce; Marsha Davis; Ella Carny Subject: Monticello Fire Station I am unable to ascertain what, if any paperWork, I am to send out on this item, as Ella unexpectedly became ill today. Please be advised that, in fact, the Board did approve the revised budget for the project at the 12/5/01 Board meeting, but no.new appropriation was needed. I hope this will serve as the confirmation you need, for now. Because of my workload, the action letter will not likely go out until Monday. Thank you, Laurie Laurie Bentley Albemarle County Board of Supervisors 401 Mcln#re Rd. Charlottesville. VA 2290~ PH: (434) 296-5843 FAX: ('434) 244-7017 email: lbentley~albemarte.org Laurie Bentley From: Sent: To: Cc: Subject: Ron Lilley Wednesday, December 05, 2001 11:56 AM Mark Trank Ed Koonce; Marsha Davis; Laurie Bentley Monticello Fire Station Construction Contract Mark - The BOS did approve the revised budget for the Fire Station project today (no new appropriation was necessary), so I believe you should be able to send the contract on to Purchasing now. Ed -- I believe Laurie will provide you some documentation on the Board's action no later than Thursday. I'd like to issue a Notice to Proceed by Friday (12/7) on this because the Contractor needs to start soon to have a decent chance of staying on schedule. Please advise if any problems. thanks. December 6. 2001 Mr. Richard Crenshaw Crenshaw Construction Cc 129 East Davis Street, Suil Culpeper, VA 22701 Re: Monticello Fire & Notice to Proceed Dear Mr. Crenshaw: Enclosed is the fully execu with the Contract, you are: December 7, 2001. By tha Documents. In accordance 350 calendar days from an I look forward to working any questions, please do m Sincerely, Project Manager RAL/ps Enclosure Copy: William Adams, Tn Carl Pumphrey, Fir~ Ed Koonce, Chief o Mark Graham, Dire, File: \lil[ey\fire station\notice to proceed, COUNTY OF ALBEMARLE Department of Engineering & Public Works 401 McIntire Road, Room 211 Charlottesville, Virginia 229024596 (434) 296-5861 rnpany, Inc. e 230 ?,escue Station No. 11 (RFQ #2001-10303-11) Ied Contract Between Owner and Contractor (AC-9). In accordance ~otified that the Time for Completion will commence to mn on date, you are to start performing your obligations under the Contract with the Contract, the Work shall be substantially completed within :t after the said date, which is November 22, 2002. vith you on this important project for Albemarle County. If you have hesitate to contact me. in & Partners Architects 7Rescue Chief (w/out encl.) ."Financial Management (w/out encl.) :tor of Engineering and Public Works (w/out encl.) ~O¢ FA~9724035 12-20-0 1 P03:48.. RCVl) BE] This Contract dated this 6t ("Owner"), and Crenshaw these parties as of the date 1. The legal adc delivery of Notices and otk Owner- The Attention- Ron~ Address- A1N Dep 401 City, State, Zip- Chin Telephone- (804 Contractor- Crel Attention- Rich Address- 129 ] City, State. Zip- Culp Telephone- (540 Contractor's Virginia Lice~ 2. The Project Project Title - Monticello General Project Description bay fire station of concrete ~ includes utilities and site im The scope includes the roof The Project Title inc all project-related material ~ Submittals, Requests for correspondence, Schedule o material. CONTRACT WEEN OWNER AND CONTRACTOR day of November 2001, between The County of Albemarle, Virginia Construction Co.,. [nc. ("Contractor"), is binding among and between of the Owner's signature. RECITALS tress for the Owner and for the Contractor and the addresses for er project documents are as follows: County-of Albemarle, Virginia dd A. Lilley, Project Manager marle County Office Building trtment of Engineering and Public Works vlclntire Road, Room 211 tottesville, Virginia 22902-4596 296-5861 FAX (804) 972-4035 shaw Construction Co., Inc. ~rd N. Crenshaw, President. :mst Davis Street, Suite 230 .~per, Virginia 22701 829-6919 se #: 2705-029923A FAX (540) 829-6957 FEIN: 54-1761271 identified as: ire & Rescue Station No. 11 (RFQ 2001-10303-11) - The project is generally described as a 14,242 SF single-story 2- nasonry with steel roof structure and typical HVAC systems, and >rovements, including substantial excavation and road construction. ;ystem in additive bid item number one. icated above is required to be shown ~br identification purposes on ad documents including, but not limited to, Notices, Change Orders, >rmation, Requests for Quotes, Field Orders, minutes of meetings, ;Values and Certificate for Payment, test reports, and related 3. After compe Contractor is awarded this for the above-described pro THEREFORE, in consideration as set forth b, 1. STATEME] and materials and perform Documents and specificatio CONTRA{ - this Contra~ - the Bid For - the County revision; - the Supple~ - the Special - the Owner' - modificati{ All of these documents are 3. TIME FOR specified in a mitten order calendar days of issuance of 30 consecutive calendar day 4. COMPENS~ agrees to pay and the Contra performance of the Work in hundred twenty-two thousan This Contract is subj Albemarle, Virginia, for sen Supervisors fails to appropri this Contract and-other contr penalty to the County, and o: Contractor within thirty (30) County budget. In the event paragraph, the Contractor w rendered as of the date of ca titive sealed bidding pursuant to the Virginia Public Procurement Act, 2ontract to perform the Work described by the Contract Documents ect ("the Project"). ,onsideration of the Recitals set forth above, and good and valuable iow, the parties agree as follows: iT OF WORK: The Contractor Shall fUrnish all labor, equipment, 11 Work for the Project in strict accordance with the Contract r DOCUMENTS: This Contract shall consist of the following: :t. Between Owner and Contractor; m submitted by the Contractor; of Albemarle Construction Contract General Conditions, latest ~ental General Conditions; Conditions attached to the Owner's Invitation for Bids; Project Plans and Specifications dated October 1, 2001; is to the Invitation for Bids shown as Addenda Nos. 1, 2, and 3 acorporated herein by reference. COMPLETION: The Work shall be commenced on a date to be ,f the Owner and shall be Substantially Completed within 350 the Notice to Proceed. The Work shall be finally completed within after the date of Substantial Completion of the Work. TION TO BE PAID TO THE CONTRACTOR: The owner ctor agrees to accept as just and adequate compensation for the accordance with the Contract Documents the sum of two million, six d, one hundred and 00/100 dollars ($2,622,100.00). ,~ct to annual funding by the Board of Supervisors of the County of 'ices and work specified hereunder. In the event the Board of ~re funds necessary to perform the services and work specified in ~ct documents, this Contract shall be deemed cancelled, with no !no effect, provided notice of such cancellation is given to the days of the Board of Supervisors final approval of the annual that this Contract is cancelled for the reasons set forth in this ~1 be reimbursed for the value of all work performed or services ~cellation in accordance with the General Conditions. 5. PAYMEN Work, for requesting mort for properly stored matena under the Contract Docum{ one percent per month (§2. 6. CONTRA( accordance with the contra Conditions and the suppten any, attached to this Contra 7. NON-DIS( contract. See Section 4 of IN WITNESS WH executed this agreement in accountancy for the other c Crenshaw Construct: CONTRACTOi (Signature in ink). // Name: Richard N. Crensha~ Title: President ATTES~T ~ ' C-'"((S~g~nature) Attachments: A - Bid Form submitted by t File: \lilley\fire station\cons£rucuon contr, S: The procedures for establishing a Schedule of Values for the ~ly progress payments for Work in place, and for requesting payments .s are stated in the General Conditions. Unless otherwise provided mrs, interest on payments due-the Contractor shall accrue at the rate of !-4354(4) of the Code of Virginia). TUAL CLAIMS: Any contractual claims shall be submitted in :tual dispute procedures set forth in Section 46 of the General rental instructions or procedures of the contracting State Agency, if RIMINATION: §2.2-4311 of the Code of Virginia applies to this he General Conditions. gREOF, the parties hereto on the day and year written below have hree (3) counterparts, each of which shall, without proof or mnterparts, be deemed an original thereof. on Co., Inc. (Date) By: The County of Albemarle,. Virainia (Signature in ink) (Date) Name: R. Edward Koonce, III Title: Chief of Financial Management II/~ /O l (Date) (Signature) (Date) te Contractor ,~t.doc Page I of 4 Pages BID FORM (Revised per DATE: 10/3o/2o01 PROJECT TITLE: Mon RFQ Number: 2001 TO: County of Albema: Purchasing Office Room 248 - Alber 401 McIntire Road Charlottesville, VA ~n compliance with and su all of which are incorporat ail labor, equipment, and rr project, in accordance with noted below, as prepared b amount: BASE BID (inctudin~ the 1 PART A. Lump sum price for consm walls of the building, comp ~.ddendum #2, October 22, 2001) :icello Fire and Rescue Station Number 11 -10303-11 e, Virginia arle County Office Building 22902 ject to your Invitation for Bids and the documents therein specified, :d herein by reference, the undersigned bidder proposes to furnish .aterials and perform all work necessary for construction of this the Plans and Specifications dated I October 2001 and the Addenda Train & Parmers Architects for the consideration of the following [Iowin~ parrs but excluding work in Additive Bid Items): PART C, and the rock mate rial and trench rock described in PART D and PART E, and in accordance with the Plans a ~d Specifications: ction of the building within a perimeter extending 5 feet from the ere, except for the excavation of additional unsuitable material in md E shall be based on the estimated quantities indicated to be :ordance with the applicable portions of the plans and ~unts for each of these items will be based on the act-ual quantities )roved, multiplied by the unit prices indicated by the bidder. The adjusted upward or downward based on the actual payment its for PARTS C, D and E. nber 1998) Station Number 01-!0303-11 County of Albemarle Bid Form (Septel Edited for Monticello Fire and Rescue County of Albemarle RFQ Number: 2C x, ork beyond the 5 feet building perimeter (except for work a~d E) complete and in accordance with the Plans and Base Bids for PARTS C, D provided complete and in ac, specifications. Payment amc authorized, provided, and ag final contract amount shall b amounts versus the bid amot PART A = PART B. Lump sum price for the site' described in PARTS C, D Specifications: Page 2 of 4 Pages PART C. EXCAVATIO]~ Excavation of unsui the levels required per specifications. downward based o] PART PART Estimated quantity D. EXCAVATIOb Excavation of ROCt site of excess materi yard.) Quantity is test reports from Scl downward based on PART Estimated quantity o PART E. EXCAVATION Excavation of ROCI4 of excess material az (Price per cubic yar. acmai quantity autho Est/mated quantity Ol PART E = TOTAL BASE BID AMOU] Contract award will be base¢ any properly submitted bid rr discretion decides ro award. ADDITIVE BID ITEMS: (W County of Albemarle Bid Form (Septen Edited for Monticello Fire and Rescue County of Albemarle RFQ Number: 201 OF ADDITIONAL UNSUITABLE MATERIAL able mater/al, where author/zed or directed, below or in addition to br the Work in Parts A and B and backfill with compacted material ?rice per cubic yard.) Final amount shall be adjusted upward o, actual quantity authorized. fl50cy@$ lC OO per cy = '~,/"~. O. o O OF ROCK MATERIAL : material, where authorized or directed, and proper stockpiling on- d, complete per specifications and addenda. (Price per cubic et by quantity calculations done by the Site Tech Company using mabel Engineering. Final amount shall be adjusted upward or actual quantity author/zed. 23,550 cy @ *~ r~ per cy = Dollars ($ OF ROCK MATERIAL AT TRENCHES material, where author/zed or directed, proper stockpiling on-site backfill with compacted trench fill material per specifications. .) Final amount shall be adjusted upward or downward based on :ized. '300 cy @ $ per cy = ~,] O e_xa. <) C Dollars ($ C~r OC)o. OC) ) 4T (For PARTS A, B, C & D) tS: Dollars ($ ~ ~Oc,2 t' o O ) on the TOTAL BASE BID AMOUNT shown above (including .odifications) plus as many Additive Bid Items as the Owner in its excluded from the BASE BID above): Lber 199.8) ration Number l l q-I0303-I 1 Page 3 of 4 Pages ADDITIVE BID ITEM N( Lump sum price for the su metal sheet and all gutters Sheer Metal Roofing. ADDITIVE BID ITEM N{ Lump sum price for the in: cast-in-place concrete Documents: NO. 02 = The undersigned understan¢ Completion of the entire pr( author/zing Work to procee, achieved within 30 consecm determined by the A/E. Acknowledgment is made tf notice of acceptance of ti2 opening of bids, or any time .01' )stitution of terne-coated stainless steel sheet for all pre-finished md downspouts as specified in specification division 07611 Custom 02: Dollars (.$ dlation of an embedded hydronic radiant heating system in the slab of Room 161 (Apparatus Bay) as described in the Contract Dollars ($ ). that time is of the essence and agrees that-the date for Substantial Iject shall be on or before 31 October 2002 based on a Notice on or before 16 November 2001, and Final Completion shall be ire calendar days after the date of Substantial Completion as receipt of the following addenda: No. i No. 2 No. 3 bid is given to the undersigned within 60 days after the date of :hereafter before this bid is withdrawn, the undersigned will dated 10/08/2001 dated 10/22/2001 dated .10/24/2001 aliens. DISQUALIFICATION OF ( and Control Act of 1986, which prohibits employment of illegal DNTRACTORS. By signing this bid or proposal, the undersigned certifies that thi: Bidder or any officer, director, parrner or owner is nor currentlv barred from bidding on contacts by any Agency of the Commonwealth of Virginia, or any public body or agency of another State, or any agency of the federal government, nor is this Bidder a subsidiary or affilia~ of any firm/corporation that is currently barred from bidding on County of Albemarle Bid Form (Septedber 1998) 1 Edited for Monticello Fire and Rescue ]tat-ion Number I 1 County of Albemarle RFQ Number: 201}I-10303-11 l execute and deliver a contra~:r in the prescribed form (Countv of Albemarle Contract Between Owner and Contractor, Forr~ AC-9) within 10 days after thd contract has been presented ro him for sighiiture. The required payment and performance bonds, on the forms prescribed, shall be delivered to the owTr along with the signed Contract. 1 Immigration Reform and Co]nrol Act of 1986: The undersianed certifies that it does not and will not during the performa~me of the Contract for th~s project violate the provisions of the Federal Immigration Reform Page 4 of 4 Pages contracts by any of the sm and copies of notice(s) of CERTIFICATION OF N( with the procurement and This bid is not the person engaged in result of, or affecl Chapter 12 of Title et seq.). The undersigned declares ti furrn listed and to bind it to the true and complete nam, the Commonwealth of Vir~. perform all Work included Virginia License No. 270 Contractor Class "A", Valid Until 07/31/200 FEIN/SSN: 54-1761271 If Partnership (List Partner County of Albemarle Bid Form (Septe Edited for Monticello Fire and Rescue County of Albemarle RFQ Number: 2C .ae. We have attached an explanation of any previous disbarment(s) einstatement(s). COLLUSION: The undersigned does hereby certify in connection ,id to which this Certification of No Collusion is incorporated that: 'esult of, or affected by, any act of collusion w-itl~ another he same tine of business or commerce; nor is this bid the by, any act of. fraud punishable under Article 1.1 of ',8.1 of the Code of Virginia, 1950, as amended (18.2-498.1 .at he or shee is fully authorized to sign the proposal on behalf of the ~11 conditions and provisions thereof. The firm name given below is of the bidder, and the bidder is Iegally qualified and licensed by ~nia, Department of Commerce, State Board for Contractors, to in the scope of the Contract. -029923 ;ENERAL 3 Names) nber 1998) gtation Number D1-10303-I I Bidder CRENSttAW CONSTRUCTION CO., iNC. (Nme of Firm) //7 (Signature) -' ~ RICHARD N. CRENSHAI4 (Typed Name) Title PRESIDENT If Corporation, affix Corporate Seal & list Stare of Incorporation State: VIRGINIA (Affix Seal) Business Address' 129 EAST DAVIS STREET SUITE 230 CULPEPER~ VA 22701 Telephone No. (540) Fax No. (540) 829-6916 829-6957 CHARLES D. NOTTINGHAM COMMISSIONER COMMONWEALTH o[ VIRGINIA DEPARTMENT OF ?RANSPORTATION 1401 EAST BROAD STREET RICHMOND, 23219-2000 November 13, 2001 Dear Colleague: I am pleased to announce the Commonwealth Transportation Board is expected to approve the tentative Virginia Transportation Development Plan, formerly known as the Six-Year Transportation Improvement Pro,am on Thursday, November 15.-On that date, you can easily access the plan in a new. improved format from VDOT's web site, wx,,~'.VirginiaDOT.org. I encourage you or one of your staffto download the plan or a portion of it from the web site. as there will be a very limited number of hard copies available. Like other organizations, VDOT is moving to an electronic environment. The new plan is noticeably different from previous'fo~ats'and is divided into tv.'o sections -., a Feasibility phase and a Capital Improvement phase. The new format is a direct result of your input to the Governor's Commission on Transportation Policy requesting a simplified format ofthe plan: · : . The plan which reflects ~evervthing but secondary roads is scheduled to receive final approval at the December 20 C'TB meenng. You will have an opportunity to comment on this plan at one of the two Final Allocation Heanngs that have been scheduled for December 6. The hearine for the Western part of the state will be held in Roanoke at the Clarion Hotel located o?f i-581 at Exit 3 W on 3315 Ordway Drive. The heating begins at 9:00 a.m. The hearine for the Northern, Central and Eastern part of the state will be held in Richmond at VDO~'s Central Office auditorium, 1221 East Broad Street~in Richmond. That hearing begins at 2:00 p.m. Enclosed is a card detailing informalion about VDOT's new web site that recently was revamped to provide more accessible information. In fact. soon you'll be able to personalize information that is relevant to ,,'our interest and region through a "My \"DOT" feature. ' 1 hope to see you at one of thc Final Allocation Heatings on December 6. .. 5~ncerely' :. Charles D. Nottingham Enclosure WE KEEP VIRGINIA MOVING Virginia Transportation Development Plan (This item was scanned separately under Transportation Reports.) COMMONWEALTH o[ VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY James S. Gilmore, III Governor John Paul Woodley, Jr. Secretary of Natural Resources Valley Regional Office Street address: 4411 Early Road, Harrisonburg, Virginia 22801 Mailing address: P.O. Box 3000, Harrisonburg, VA 22801-3000 Telephone (540) 574-7800 Fax (540) 574-7878 http://www.deq.state.va.us November 9, 2001 Dennis H Treacy Director R. Bradley Chewning, P.E. Valley Regional Director Ms. Sally Thomas, Chairman Albemarle Co. Board of Supervisors County Office Building 401 Mclntire Road Charlottesville, VA 22901 Re: Reissuance of VPDES Permit No. VA0025518, Moores Creek STP Dear Ms. Thomas: In accordance with the Code of Virginia, Section 62.1-44.15:01, this is to provide you with a copy of ~i public notice regarding the referenced proposed permit action. Public notice of this' proposed permit action is also being published in a local newspaper, which will establish'a 30-day public comment period for this proposed action. If you wish to comment or if you have any questions regarding this proposed permit, please contact me at the above address or phone number within the next 30 days. Sincerely, In°tbal Engineer /OC Enclosure cc: Permit Processing File ' PUBLIC NOTICE MODIFICATION OF A VPDES PERMIT TO DISCHARGE TO STATE WATERS AND STATE CERTIFICATION UNDER THE STATE WATER CONTROL LAW First Public Notice Issue Date: (to be supplied by newspaper) The State Water Control Board has trader consideration the modification of the following Permit and State Certificate: Permit No.: VA0025518 Permittee Name and Address: Rivanna Water and Sewer Authority, PO Box 18, Charlottesville, VA, 22902 Facility Name and Location: Moores Creek Regional STP, 200 Franklin Street, Charlottesville, VA, 22902 Discharge Description: Existing Municipal discharge resulting from the operation of a wastewater treatment facility; Discharge Flow: 15.0 MGD; 10utfall. Receiving Stream: Moores Creek; Stream Mile: 0.19; Basin: James (Middle); Subbasin: N/A; Section: 10; Class: 1II; Special Standards: None. On the basis of preliminary review and application of lawful standards and regulations, the State Water Control Board proposes to modify the permit subject to certain conditions. This proposed permit action is tentative and consists of removing the zinc limit and all associated requirements and reducing the chlorine monitoring frequency. This permit will maintain the Water Quality Standards adopted by the Board. All pertinent information is on file and may be inspected or copied by contacting Norma C.-Job at the Department of'Environmental Quality (DEQ), Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, Virginia 22801; Telephone No. (540) 574-7802; e-mail ncjob~deq, state.va.us. Persons may comment in writing or by e-mail to DEQ on the proposed permit action and may request a public heating within 30 days from the date of the first notice. Only those comments received within this period will be considered. Address comments to the contact person listed above. Comments shall include the name, address, and telephone number of the writer, the facility name and VPDES permit number, and a complete, concise statement of the factual basis for the comments. Requests for a public hearing shall state the reason why. a hearing is requested, the nature of the issues proposed to be raised in the pUblic hearing, and a brief explanation of how the requester's interests would be directly and adversely affected by the proposed permit action. DEQ may decide to hold a public hearing if public response is significant. Following the comment period, the Board will make a determination regarding the proposed permit action. This determination will become effective unless DEQ grants a public heating. Due notice of any public hearing will be given. 2001 THIRD QUARTER BUILDING REPORT County of Albemarle Department of Planning and Community Development Office of Mapping, Graphics, and Information Resources (OOMGAIR) 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-582 3 INDEX I. Comparison of New Residential Dwelling Units by Month (Charts A & B) II. Comparison of Residential Dwelling Units by Type (Charts C, D, & E) Ill. Comparison of All Building Permits (Chart F) KEY TO TYPES OF HOUSING REFERRED TO IN REPORT SF SFA SF/TH DUP MF MHC AA Single-Family (includes modular) Single-Family Attached Single-Family Townhouse Duplex Multi-Family Mobile Home in the County (not in an existing park) Accessory Apartment 11-21-01 A10:55 IN -2- During the third quarter of 2001, 133 building permits were issued for 133 dwelling units. In addition, I permit was ~ssued for a mobile home in an existing park at an exchange value of $2,500, for a total of $2,500. I, COMPARISON OF NEW RESIDENTIAL DWELLING UNITS BY MONTH Chart A. Nine Year Comparison of New Residential Dwelling Units by Month MONTH 1993 1994 1995 1996 1997 1998 1999 2000 2001 JAN 49 190 50 26 54 38 49 52 52 FEB 56 53 43 44 44 39 84 43 39 MAR 58 72 47 61 57 65 65 54 54 APR 76 69 46 71 75 62 102 ' 63 62 MAY 45 60 41 63 118 65 55 72 196 JUN 79 70 62 41 89 85 75 50 181 JUL 81 186 51 87 59 74 69 56 46 AUG 1t6 49 44 105 34 221 56 65 55 SEP 45 47 56 64 48 68 68 49 32 OCT 68 51 42 186 216 61 48 48 NOV 65 60 66 43 49 48 . .42 49 DEC 67 32 48 44 62 48 57 49 TOTAL 805 939 596 835 905 874 770 650 717 Chart B. Three Year Comparison of New Residential Dwelling Units by Month Chart B: Three Year Comparison of New Residential Dwelling Unit by MonthI 240 220 - 200 - 180 160 - z ~ 140 w 120 ~ 100 8o ,z, 6o O 40 20 0 JAN FEB MAR APR MAY JUN JUL AUG MONTH I[]1999 []2000 12001 SEP OCT NOV DEC Pre .ared b _ _the Albemarle County Office of Mapping, Graphics. and information Resources (OOMGAIR) Quarter 3 II. COMPARISON OF RESIDENTIAL DWELLING UNITS Char~ C. Breakdown of New Residential Dwelling Units by Magisterial District and Dwelling Unit Type MAGISTERIAL DWELLING UNITTYPE TOTAL % TOTAL , DISTRICT SF SFA SF/'FH DUP MF MHC AA UNITS UNITS RIO 4 0 0 0 0 0 0 4 3% JACK JOUETT 2 0 0 0 0 0 0 2 2% RIVANNA 19 8 19 0 0 10 0 56 42% SAMUEL MILLER 20 2 0 0 0 I 0 23 17% SCOTTSVILLE 13 0 0 0 0 0 0 13 10% WHITE HALL 32 0 0 0 0 1 2 35 26% TOTAL 90 t0 19 0 0 12 2 133 100% Chart D. Breakdown of New Residential Dwelling Units by Comprehensive Plan Area and Dwelling Unit Type COMPREHENSIVE PLAN'AREA DWELLING UNIT TYPE TOTAL ' I SF SFA SF/TH DUP MF MHC AA UNITS URBAN NEIGHBORHOOD 1 0 0 0 0 0 0 0 0 URBAN NEIGHBORHOOD 2 5 0 5 0 0 0 0 10 URBAN NEIGHBORHOOD 3 0 0 0 0 0 0 0 0 URBAN NEIGHBORHOOD 4 4 0 0 0 0 0 0 4 URBAN NEIGHBORHOOD 5 5 2 0 0 0 0 0 7 URBAN NEIGHBORHOOD 6 0 0 0 0 0 0 0 0 URBAN NEIGHBORHOOD 7 0 0 0 0 0 0 0 0 CROZET COMMUNITY 19 0 0 0 0 0 0 19 HOLLYMEAD COMMUNITY 5 8 7 0 0 10 0 30 PINEY MOUNTAIN COMMUNITY 0 0 7 0 0 0 0 7 RIVANNA VILLAGE 1 0 0 0 0 0 0 1 DEVELOPMENT AREA SUBTOTAL 39 10 19 0 0 10 0 78 RURAL AREA 1 8 0 0 0 0 1 2 11 RURAL AREA 2 10 0 0 0 0 0 0 10 RURAL AREA 3 22 0 0 0 0 1 0 23 RURAL AREA 4 11 0 0 0 0 0 0 tl RURAL AREA SUBT~)TAL 51 0 0 0 0 2 2 55 TOTAL 90 10 19 0 0 12 2 133 Prepared by the Albemarle County Office of Mapping Gra F3hics. and Information Resources (OOMGAIR) -4- Quarter. 3 II. COMPARISON OF RESIDENTIAL DWELLING UNITS BY TYPE [continued) Chart E~ Breakdown of Residential Dwelling Units by Elementary School District and Dwelling Unit Type SCHOOL DWELLING UNIT TYPE TOTAL % TOTAL DISTRICT SF SFA SFFFH DUP MF MHC AA UNITS UNITS · 0 0 0 10 8% Agnor-Hurt 5 0 5 0 Broadus Wood 5 0 0 0 0 10 2 17 13% Brownsville 20 0 0 0 0 1 0 21 16% Crozet 9 0 0 0 0 0 0 9 7% Greer 1 0 0 0 0 0 0 1 1% Hollymead 0 0 14 0 0 0 0 14 11% Medwether Lewis 5 0 0 0 0 1 0 6 5% 0 0 0 6 5% Murray 6 0 0 0 0 0 0 4 3% Red Hill 4 0 0 0 Cale 11 2 0 0 0 0 0 13 10%, Scottsville 1 0 0 0 0 0 0 1 1% 0 0 0 7 5% Stone Robinson 7 0 0 0 Stony Point 7 0 0 0 0 0 0 7 5% Woodbrook 6 8 0 0 0 0 0 14 11% Yancey 3 0 0 0 ' 0 0 0 3 2% TOTAL 90 10 19 0 0 12 2 133 100% IlL COMPARISON OF ALL BUILDING PERMITS Chart F. Estimated Cost of Construction by Magisterial Distdct and Construction Type MAGISTERIAL NEW *NEW NON-RES. NEW COMMERCIAL FARM BUILDING TOTAL DISTRICT RESIDENTIAL & ALTER. RES. & NEW INSTITUT. & ALTER. COMM. No. Amount-$ No. Amount-$ No. Amount-$ No. Amount-$ No. Amount-$ RIO 4 $ 551,576 10 $ 273,406 9 $ 750,332 14 906,750 37 $ 2,482,064 JOUETT 2 $ 530,000 11 $ 286,352 I $ t,100,000 2 $ 151,100 16 I $ - 2,067,452 RIVANNA 56 $ 7,199,510 44 $ 1,477,788 6 $ 1,651,890 10 $ 363,120 116 $ I0,692,308 S. MILLER 23 $ 5,381,296 34 $ 1,493,977 I ' $ 15,000 4 $ 126,500 62 $ 7,016,773 SCOTTSVILLE 13 $ 1,063,249 37 $ 2,117,144 2 $ 425,000 5 $ 380,600 57 $ 3,985 993 WHITE HALL 35 $ 5,617,530 29 $ 971,809 3 $ 615,000 3 $ 24,000 70 $ 7,228,339 TOTAL 133 $ 20,343,162 165 $ 6,620,476 22 $ 4,557,222 38 $ 1,952,070 358 $ 33,472,930 Additional value of mobile homes placed in existing parks is included in Residential Alt, .gory. Prepared by the Albemarle County Office of Mapping, Graphics. and Information Resources (OOMGAIR) FAX [434) 9724126 COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 Mclntire Road, Room 227 Charlottesville. Virginia 22902-4596 TELEPHONE (434) 296-5832 'FrD (434) 972-4012 November20,2001 Brian S. Ray Roger W. Ray and Assoc., Inc. 1717-1 B Allied Street Charlottesville, VA 22903 RE' OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 121, Parcel 70 (Property of Floyd E. Johnson Estate) Section 10.3.1 Dear Mr. Ray: The County Attorney and I have reviewed the title information for the above-noted properties. It is the County Attorney's advisory opinion and my official determination that Tax Map 121, Parcel 70 contains four (4) separate parcels. Tract #1, containing 2.4 acres has one (1) development right. Tract #2, containing 88.6 acres has five (5) development rights. Tract #3, containing 2.56 acres has one (1) development right. Tract #4, containing 10 acres has five (5) development rights. The basis for this determination is provided below. Our records indicate Tax Map 121, Parcel 70 contains 103.962 acres and one dwelling. The most recent deed reference for this property is found in Will Book 94, page 714. The parcel is located in the Totier Creek Agricultural and Forestal District. Files in the Real Estate Department indicate that these four parcels, then identified as 70, 71, 71A and 73, were combined for the convenience of County in the mid 1970s. The most recent deeds for this property prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) are as follows. Deed Book 253, page 467, dated April 10, 1942, conveyed two (2) contiguous tracts from Edgar L. Bradley & Margaret Post Bradley to Floyd E. Johnson & Anne H. Johnson. These tracts are described as follows: (#1) A tract of 2.4 acres conveyed to Margaret Post Bradley from Jettie F. Quick by deed dated September 29, 1929 and recorded in Deed Book 206, page 267. DISTRIBUTED TO h\DEPT~Building & Zoning\Determin of Parcel\121-70 Johnson .doc NOV ? 2001 BOSon 1t:27-01 A10:34 N Floyd E. Johnson Estate November 20, 2001 Page 2 (#2) An adjoining tract of 88.6 acres conveyed to Margaret Post Bradle~ from Fairview Farms, Inc. and A.H. McKay by deed dated September 18, 1929 and recorded in Deed Book 207, page 67. Deed Book 207, page 68 contains a plat dated November 1929 by Hugh F. Simms showing 88.6 acres sold by Fairview Farms, Inc. to Margaret Post Bradley. The plat also shows 2.4 acres located between the road and Totier Creek contiguous to the 88.6 acres and identified by reference to Deed Book 206, page 267. (#3) Deed Book 337, page 265, dated December 3, 1957, conveyed 2 acres more or less from Jack N. Kegley, Special Commissioner to Floyd E. Johnson & Anne H. Johnson. The deed notes the property is located on the southwest side of Route 20. Deed Book 426, page 412 contains a plat by Thomas Blue dated December 22, 1966 of a 4.77 acre tract identified as a portion of the Old "Glendower Mill Tract." The tract is divided by Route 20. The portion located on the southwest side of Route 20 contains 2.56 acres. The tract is identified by reference to Deed Book 337, page 265. (#4) Deed Book 466, page 72, dated October 2, 1968 conveyed 10 acres, more or less from John Rush Webb & Charlotte Louise Webb to Floyd E. Johnson & Anne H. Johnson. The property is designated as Lot No. 1 on a plat by M.W. VanDoren, dated 1914 and recorded in Deed Book 158, page 69. A copy of that plat is included in this file. Deed Book 1091, page 2, dated February 8, 1990 conveyed several tracts from Floyd E. Johnson & Anne H. Johnson to themselves as tenants in common. These tracts included the following: Two certain tracts, being a tract of 2.4 acres and an adjoining tract of 88.6 acres shown on a plat by Hugh F. Simms recorded in Deed Book 207, page 68. These are identified as #1 and #2 above. A certain tract containing 2 acres, more or less conveyed on December 3, 1957 and recorded in Deed Book 337, page 265. This is identified as #3 above. All that tract containing 10 acres designated as Lot 1 on a plat dated 1914 and recorded in Deed Book 158, page 69. This is identified as #4 above. There have been no off-conveyances since the recordation of this deed. Based on this history, Tax Map 121, Parcel 70 is determined to be comprised of four (4) separate h\DEP'RBuilding & Zoning\Determin of Parcel\121-70 Johnson .doc Floyd E. Johnson Estate November 20, 2001 Page 3 parcels, as described above. Each is entitled to its associated development rights based on the acreage of each parcel. Mr. Johnson died on October 9, 1999. On November 2, 1999 his will was admitted to probate and Bank of America was appointed Executor for the estate. Mr. Johnson's will is recorded in Will Book 94, page 714. These parcels are entitled to the noted development rights if all other applicable regulations can be met. These development rights are theoretical in nature but'do represent the maximum number of lots containing less than twenty one acres allowed to be created by right. In addition to the development right lots, a "parent parcel" may create as many parcels containing a minimum of twenty-one acres as it has land to make. If you are aggrieved by this determination, you have a right to appeal it within thirty days of the date notice of this determination is given, in accordance with Section 15.2-2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of $95. The date notice of this determination was given is the same as the date of this letter. If you have any questions, please contact me. Sincerely, John Shepherd Manager of Zoning Administration Copies: Gay Carver, Real Estate Department Ella Carey, Clerk Board of Supervisors Reading Files Floyd E. Johnson Estate C/O Jim Schroering, Assistant Vice President Bank of America P.O. Box 25718 Richmond, VA 23261-5718 h\DEP~Building & Zoning\Determin of Parcel\121-70 Johnson .doc DECEMBER · Mission [] Essential Tasks Assessment · Construction · Maintenance · Planning & Traffic Engineering · Issues Mission The VDOT Charlottesville Residency builds and maintains roads, provides transportation expertise and regulatory authority and facilitates traffic engineering issues for Albemarle and Greene Counties in ways that are: · focused on public safety · fiscally and environmentally responsible · supportive of alternative transportation means · supportive of neighborhood and regional development ESSENTIAL TASKS TASK MAINTAIN SECONDARY & PRIMARY ROADS ASSESSMENT (see legend below) REMARKS o ROW: mow, ditch, pipes, trim, guardrail, signs, patrols o ROADWAY: grade, pave, patch o EMERGENCY OPS o REPAIR & BUILD BR1DGES o MAINTAIN EQUIPMENT - Many gravel roads remain rough due to dry conditions - Large pipe installed in Belair - Safety patrols over Christmas/New Year's - PMs completed Legend: G~ee~: 90-100% Excellent :,, :, ~ : 80-90% Good, room for improvement Red: 70-80% Needs improvement Black: Below minimum standards 3 ESSENTIAL TASKS (continued) TASK 2. MANAGE CONSTRUCTION PROGRAM o PE Activities ASSESSMENT (see legend below) REMARKS o Project Construction - 29 bridge - final early Dec - Asphalt & Plant Mix schedules complete Legend: g~,~: 90-100% Excellent 80-90% Good, room for improvement Red: 70-80% Needs improvement Black: Below minimum standards 4 ESSENTIAL TASKS (continued) [ I I I Task Assessment (See legend below) 3. CONDUCT PLANNING ACTIVITIES ~ Remarks o Issue and review permits o Review site plans and rezoning request o Conduct studies and advise 27 land use permits issued; 3 subd submitted; 6 special use permits reviewed Transportation Planner position vacant; 6 developments in planning stages 2 traffic studies under review o Inspect and monitor subdivisions Legend: G~'ee~: 90-100% Excellent ~: 80-90% Good, room for improvement Red: 70-80o/0 Needs improvement Black: Below minimum standards 5 ESSENTIAL TASKS (continued) TASK 4. FACILITATE TRAFFIC ENGINEERING ASSESSMENT (see legend below) o Request and advise on signals & signs o Request and advise on studies & data o Assist with design REMARKS Conducted 14 TE studies Legend: Gvce~: 90-100% Excellent ,~; : 80-90%Good, room for improvement Red: 70-80% Needs improvement Black: Below minimum standards 6 PRELIMINARY ENGINEERING '~ ~ i Primary Projects December 2001 I Albemarle County Six Year Plan Project Status i , PPM L&D Scop- qeld Field Route S Contact ProjectNumbor Description lng Survey ~cview P.H. insp. R/W Adv. Comments 20 176t9i BAA 0020-002-127,PE10~1 P¥CCtoMontieelloH.S.Eatrance~~ NoAd. Date.Wuitingforfunding 20 52494 BAA 0020.002-128,PEt01 Turalancsatht. Rto.726-Scottsvitle 8coping t0-01 53 18897 BAA 0053-002-101,B601 . 10-03 12-03 , 250 ;0569 DWS 0250-002-114,115,C5( Bridge R~epl-Ca[oll&Limestone Ck., 10-01 2-02 1-03 Ro ute 616~ 10-02 Waiting for 8 eope approval fo r new date s 250 56869 RDL 0250-002-116,C501 LeftTumhnes~ t ~ ,~, ~ No addate set 29 16160 JAG 6029-002-F22,PEt01 Rte.29Weste,raBypass WaitingforFunding ~, 7 PRELIMINARY ENGINEERING December 2001 i ' i Albemarle County Six-Year Plan Project Status Secondary Proiects PPM L&D Street Name/ Field Field Route S Designer Pmj~ctNumber, r , Description Scoping Survey Review P.H, Inspect. R/W Adv. r Comments , , Akport Road 649 2456 SLM 0649-002-158~C501 4-lanes w/sidewalks &b~e lanes · Jarman Gap Road 691 11129 DWS 0691-002~-158,C501 2-lanes w/bike lanes &sidev~ik ~~ 2-02 t0-02 2-04 ' ulu June 02 ..... Waiting for resolution 52~ Jw~ ~000-002-259,¢~71 co~~s o~4-h~eR/W ~ 120-01 ? ? ? ~ ? e in ons~ed RAN >roffit Road , , ~ ~ Gravel Roads , , , ~ , , , ,, LindsayRd. R.te. 639 ,o Louis a Co. Lithe I ~a ..................................................................................................................... 615 54422 06t5-002-P64,N501 WldenandPave ~ ...................................................... N/A N/A ~/A N/A - ,r vel . MountainV'mta Rd. Route 6~o 1.2MiE. Rte.6 ....................................................................................................................................737 54425 0737-002-P68~NS01 Widen, pave &replace bridge  ................................................... N/A N/A N/A lq/A ~ ............. 9~02 ~Favel Road Pro]oct , RNV not available on 2 parcels Secmtar~s Road ?05 I 11130 0708-002-P77,NS01 3-02 ~/A ~/A ~/A N/A 6-02 1-03 C~avel Road Pfoiect PRELIMINARY ENGINEERING December 2001 i Greene County SixYear Plan ProjectStatus I- i Field Field 'Route PPMS Designer Project Description Soope Survey Review P.H. hsp. R/W Adv. Comments Baoon HollowRoad 627 51022 RDL 0627-039-195,C501 Fr, Rte. 615to Rte632 ? W'denandstra~ghten 2.1aneroadway Dyke Road 810 2920 DWS i0 10.039,N6,C501 Fr.l.TkmE. Rto. 624 to Rte. 624 7-02 2.hne roadway Ma~ Road ........................................ 65o 57314 ~ 0650.039.P56,~501 :Fr. Rte.810toRte.615 ~~~~~i 9-O2 W~enandSurfaeeTreat-Gravelroad 624 17072 0624,002-P47,NS02 !~.Rte.623to 0.55 Mi.N. Rte.623 Wats on Ro ad dE d 8.04 640 2515 0640.039-137,N501 Fr. Rte.633toDea n ,, 9 CONSTRUCTION PA.VING & CONSTRUCTION PROJECTS " ' CHARLOTTESVILLE RESIDENCY CONSTRUCTION PROJECTS ," i~ 12001 i i, ,i Percent " ' ' ' ~ ID ion Street Name Project Descriptioni ~ urat JUNE JULYAUG SEPT OCT NOV DEC ~020.002.121,¢502, B69~, Bridge Replacement ... "'-s'emi~n~'~Tmi['~' ~omments: 'Anticipate completion of pa~ing ~.a!.! !??~? tratlic during first 99 ' ' " 0615-002-P64, N50tI Gravel Roadlmprovement Contractor will likely begin work 0 Li~a¥ [toad Comments: contract to be awar~ in Nove,,,be{. _. in md,~ spring of 2002 ~pendent upon w~ther. " 0~%002-10t0, SRO2 I Bridge Replacement Louisa Road comments: Tm~c reduced to single lane at bddge with signals. Contractorwitl .. ~ ~~~ 10 continue work on Phase I substructure through December weather permitting. 10 CONSTRUCTION PAVING & CONSTRUCTION PROJECTS ercent' CHARLOTTESVILLE RESIDENCY CONSTRUCTION P ' ........................................ ?, .............................................................................. r', ........ ~ ............... ~, ~ Complete ' ' Description ' ~ ; ' Durabon Street Name Project ~ ~ , JUNE,JULY AUGSEPT OCT NOVDEC Replacement 0637-002.6038, Bridge , Dick Woods Road Comments: Replace bridge over l~y Creek. Traflic reduced to single lane at bddge. .. ~ ~~ ~ 15 Vadous PM-TB-01 t Asphalt Oveday Primaries and Comments: Odginal contract completel 'Anticipate ~rea widenir~g of Rt~. ~9 ~: ~! ~~~~ ~ ~ 99 IGuardrail Replacement '~i~o~'e~s~'~-o~an(J"~{~ Comments: Guardrail installation at Rte. 29 SBL complete from Madison Co./Green ..... ~ ~ 10 Co. line to intersection Rte. 29/Rte. 33. 11 · · Mowing Patching Grade/machine/add stone Ditclv~Pipe Guardrail Equip Maint Emergency Ops Other MAINTENANCE YANCEY MILLS HQ NOVEMBER Finished all secondary mowing Removed stumps/brush from two banks on 693; long arm mowing 745,816,782,F178; cut bridges I64, 637,635,29; cut limbs and brush 689 Patched potholes on secondaries Machined 702,684,682,811,797,633 As scheduled Traffic control for 633 fire DECEMBER Brush cutting I64 bridges; cut banks; 250 mountain, 6, 750, 692,691 Patch potholes as needed Slope banks on 693; machine secondaries Clean secondary pipes Per schedule 12 Mowing Patching Grade/machine/ add stone Ditch/Yipe Guardrail Equip Maint MAINTENANCE FREE UNION HQ NOVEMBER Removed trees/brush 1070,839,810 614 601 with grader; 846 project; pothole patching several locations Machined/cleaned drains 668, 643, 606, 671; cleaned storm drains 29; machined/repaired shoulders 676, 743, 601; repair washouts under guardrail on 250/29 bypass Cleaned debris from bridges on 810 As scheduled DECEMBER Finish guardrail mowing 250 & secondaries; cut brush 671; clean intersections 601, 676, 664, 743 Spot patch as needed Machine non hard surf rds Clean tail ditches/drains 614; repair head wall 756 Per schedule Emergency Ops Other Stocked stone at HQ Remove dead trees 29 I3 Mowing Patching MAINTENANCE BOYD TAVERN HQ NOVEMBER DECEMBER Contract tree removal Cut trees 250, 231; tree removal by contractor 631, 250, 20 Shoulder repair 250, 231, 20; patch ramps 250, 616 Grade/machine/add stone · Ditch/Pipe · Guardrail · Equip Maint · Emergency eps · Other Machine routes as needed; clean bridges Repair storm drain 631 Per schedule; dry runs MaChine all routes Ditching 20; As scheduled 14 Mowing MAINTENANCE KEENE HQ NOVEMBER Cut right of way on 29; cut trees 627,722 DECEMBER Cut right of way 626,633; improve sight distance at intersection of 726120 S Patching Grade/machine/add stone Ditch~pe Guardrail EqUip Maint Emergency Ops Other Patching 618 Machined 712, 713, 795, 708, 717, 633, 711, 760 Reshaped ditches 723, 722, 627 Per schedule; dry runs Stocked salt at Covesville; cleaned bridges Machine 774, 630, 721, 722, 723, 703, 735, 617, 716, 627, 737; haul stone as needed; reshape ditches 805 As scheduled; clean equip 15 MAINT1L'NANC STANARDSVILLE HQ Mowing Patching Grade/machine/add stone Ditch/Pipe Guardrail Equip Maint Emergency Ops Other NOVEMBER Long arm mowing 33; tree/brush removal 29N; Patching 633,609,617,646,624,654 S. L. Williamson patched on 33 Machine 618,638,629,605,634; add stone around mailboxes and entrances. Replaced pipe 1001; drainage work 650,656 Completed all due PMs DECEMBER Long arm mowing on sec. tree/brush removal 1105,29 Machine non hard surf rds; add stone to sec rds Replace pipe 743, 230; drainage work on sec rds Daily PM per schedule Animal/litter control 16 Loaders 1 G rad~' ;I ~Tractor mower~ 4 Rollers t Equipment Tractor mowers 4 ROlI~ 2 Chippe~ I 10 1 0 0 30 30 12O 30 30 0 30. 120 5 ' 11{5~ 60 ~ ' ' 0 ' 80. G~een Green Green --~5.83% Green '~'oo.ooo/o G~en -~.33% Green 17 PLANNING Study ~ Study Plan ~ Project Scoping I Review t Rewew i Current Status ~ .............. ~l'p~ii~r~i-n~;~i-~"~ ~i~f~' ~dy~'~l-I~by-trip analysis complete. ~i~¥~-~ent~-~}' ......... ~ ~Awaiting site plan to r~pond to study ~ommendations. j~Ohi~M~h'~-~-mon ~it~- ~ .................. ~-~hg M~'~-A~'~nd~'~fi~"~'~'i~O~ ~i{S~d-YmfiYS{~ bo~ ~rd~ to th~ District ~r l~{eHi'n~" 0~-~mity Housing North Pointe Hol~ymo~d '~-jS~;~-i'i~ii~ review of traffic study complete. Awaiting site plan to respond to study recommendations. County to revise comprehensive plan. Preliminary review of traffic study complete. Awaiting site plan to respond to study recommendations. i'~f~-~'{~i~ c~ments have been fo~arded to the County. 18 PLANNING Project Albemarle Towne Center (Sperry) Peter JeffersonlMartha Jefferson Site Rivanna Village at Glenmore Traffic Study Scoping sit d Stu:y j Plan Review~ Review Current Status , review of traffic study and pass-by trip analysis complete. site plan to respond to study recommendations, Zoning Map Amendment, Special Use Permits,and Traffic Study have been forwarded to the District for review. Preliminary review of traffic study complete. Awaiting site plan to respond to study recommendations, County to revise comprehensive review of traffic study complete, Awaiting site plan to respond to study recommendations. Traffic Study comments have been forwarded to the County, 1Awaiting Preliminary Traffic Study Scope to review. Sterling University Housing North Pointe Holtymeacl 18 ISSUES · None 19 AGENDA TITLE: Family Support Program Evaluation SUBJECT/PROPOSAL/REQUEST: Information update on the Family Supp¢ Project STAFF CONTACT(S): Tucker, White, Ralston BACKGROUND: COUNTY OF ALBEMARLE EXECUTIVE SUMMARY rt Program Evaluation AGENDA DATE: IT, EM NUMBER,.: December 5, 2001 ACTION: INFORMATION: X CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY,: ~ in 1998 the Department of Social Ser~,ices began to pilot an earty intervention program funded with Title IV-E federal dollars. The Family Support Program provided social workers in each of the county's fifteen elementary schools to work with children who were at risk of abuse and neglect and thus out of home placement. At.the.time.of in?pi .e~. e?atio ~n~of__th~rO~enr aa~n~hf~mi~ requested that the department conduCt an evaluation of the program in oroer to oe~ermJne ~ne !mpac[ o[~ cm~u . The department contracted with theWeldon Cooper Center for Public Policy to do the evaluation and they recommended utilizing the Curry Scheol of Educati~.l~ at UVA. Dr. Bru~e Gansneder was selected as the Principal Investigator for the evaluation A Steering {3ommittee.. ~ . ai~ A~qlry. ~loard were created to guide the process. DISCUSSION: A presentation to the Board is planne The first phase of the process was a~ on existing programs and evaluatior information in a standard way. The s, social worker interventions and famil~ RECOMMENDATION: This presentation.is provided for info for December 5, 2001 to provide information on the first two phases of the evaluation. internal examination of information gathering procedures and a review of the literature s nationwide. Additionally, a computer database was developed in order to collect ~cond phase has provided information on referral sources, client family characteristics, stress/concerns. nation only and does not require any action from the Board at this time. 01.227 Albemarle County Family Support Program A Collaborative Effort of the Albemarle County Department of Social Services, the School System and Community Agencies Supporting Early Intervention Services Family Support Program Evaluation Program Overview Early intervention & prevention program Began October 1998 Funded as a pilot by Title IV-E of the Social Security Act Provides 10 FT and 5 PT Family Support Workers (FSW) for K-5 Risk factors include mental or physical health problems, potential for abuse and neglect, criminal activity, emotional & behavioral problems, substance abuse, domestic violence and poverty · Program Goals Prevent child abuse & neglect Reduce foster care placements Improve school success Increase parental involvement in child's education Provide better communication between the school & the home Improve access to community services Family Supp,ort Program Evaluation Evaluation Team ° Steering Committee Conducted by UVA Weldon- Cooper Center for Public Policy/Curry School of Education. Began July 1999 Principal Investigator- Dr. Brace Gansneder, Professor, Curry School of Education Project Coordinator- Jennifer Nielsen Research Assistants - Jennifer Nielsen, David Brewster, Susanne Croasdaile, Amy Klekotka Dr. Diane Behrens- Director of Federal Programs ACS Charity Haines- FSP Coordinator Deborah Chlebnikow- FSW Michael Holmes - FSW Kathy Ralston - Director ACDSS Nancy Gan~neder- Weldon Cooper Center Evaluation Team Members 2 ) ) Process & Methodology · Research Process · Research Methods Description of program participants Description of referral/selection process Program implementation within the schools & the home Program impact on students and families Longitudinal and cross-sectional data collection & analysis Data from school records, surveys, interviews with students, parents, FSWs, school administrators, teachers, other school staff & the Family Support case documents Review of existing literature on support services: ) ) ) Evaluation Phases Phase I · . Phase II Internal examination of information-gathering procedures Creation of a searchable, archived computer database to maintain information in a standard method across all FSWs Collection of empirical evidence to examine the program's activities Data collected thus far includes: · Referral information · Client family characteristics · FSW interventions · Family stress/concerns 4 ) ) Evaluation Timelines Fall 2001 · On-line database creation and collection · Abuse & neglect data · Financial data · Family contact data · Initial child assessment data Winter 2002 · Family contact data · Student school records data · Review of case files (narratives, service plans, etc.). Spring 2002 · Recertification and family assessment data · Abuse & neglect data · Financial data · Contact with family data · Child/school assessment · Review of case files · Parent survey · School staff survey 5 Preliminary Data Data included' in this preliminary analysis are limited to cases open to services and active on October 1,2001. This preliminary analysis includes selected data on 93 families with 137 children. The entire sample will include 146 families children. with 211 6 Child Characteristics · 42% Female · 36% African-American · 55% Caucasian · 8% Biracial · ~1% Hispanic · 28% have a history of CPS involvement · 18% have had CPS involvement since the FSP case opened · 9% have a history of out of home placement by the courts · 1% have been placed outside the home by the courts since the FSP case opened 7 Referrals to the Program Referral source (top 5) · Teacher 18% · Gm'dance Counselor 8°,/o · Principal/Assistant Principal 8% · FSW 7% · Parent/caregiver 3% Family-focused reasons for referral (top 5) · Parent/caretaker overwhelmed 43% · Poverty 25% · Difficulty meeting basic needs 17% · Illiteracy/limited education 14% · Physical illness 11% Child-focused reasons for referral (top 6) · Emotional concerns 26% · Limited social skills 21% · Behavior prbblems 19% · Developmental delay 17% · Health concerns 14% · Truancy/habitual tardiness 12% 8 Family Characteristics Primary Caregivers · 13% are fathers · 8% are grandmothers · 10% are between the ages of 18-24 · 38% are between the ages of 25-34 · 34% are between the ages of 35-44 · 14% are between the ages of 45-54 · _4% are 55 years old and older · 38% have fewer than 12 years of formal education Households · 44% receive food stamps · 62% rent; 25% own; 7% live with relatives · 19% live in Section 8 Housing · 55% require continuing outside support for basic needs · 38% have expenses' that total more than their resources · 18% average more than 2 persons per bedroom 9 Contacts with Families FSWs had i,054 contacts with 93 families between July and September, 2001. Of these contacts, · 44% were by phone · 19% were home visits · 15% were written correspondence · 13% were school meetings · Less than 1% were transports or other meetings On average, FSWs had approximately 11 contacts with families between July and September, 2001. For each family, there was an average of ' 5 phone contacts · 2 home visits ' 2 written correspondence _ · 2 school mee[ings · Transports and other meetings each averaged to less than one contact per family. 10 Community Based Services: Direct Services From July to September, 2001 FSWs provided suppo~, intemention, and transpo~ation. · 92% of the fmilies had one or more services provided by the FSW · 25% had 12 or more services provided by the FSW · 1 family had 38 services provided by the FSW Of the 92% of families receiving services, · 72% had one or more interventions provided directly by the FSW · 25% had 3 or more interventions provided by the FSW · 87% had received either information and or support from the FSW · 25% received information or support 7 or more times ~' Of the services provided by FSWs, · 77% of families received services relating to family relationships · 67% of families received services relating to financial issues · 43% of families received services relating to the promotion of family literacy · 42% of families received services relating to health concerns · 23% of families received services relating to employment · 10% of families received services relating to legal concems The most frequently' provided services were in the areas of: · social and recreational 13% · clothing 11% · food 11% 11 ty ' Communi -Based Services: Referrals to Other Agencies Of the services F families for, SWs referred · 46% of families were referred for financial issues · 39% of families were referred for family relationship issues · 25% of families were referred for health concerns · 12% of families were referred for educational enhancement · 4% of families were referred for legal services Instances of referral · 66% of families received one or more referrals to other agencies · 25% of families received four or more referrals,to other agencies 12. School-Based Services )~ FS Ws worked with 68% of the children ~' Of the services provided by FSWs on school-related issues. They interacted with 25% of the children 3 or more times. } FSWs worked with the families of 77% of the children on school-related issues. They interacted with 25% of the families 6 or more times. )' FSWs worked with school personnel regarding family or school issues for 83% of the children. For 25% of the children, FSWs interacted regarding these issues four or more times. in the schools, · 25% were with the child (e.g. school behavior issues) '42% were with the family (e.g. helping with school paperwork) '33% were with school personnel (e.g. informing about problems in the home) 13 ) Next Steps Steering Committee/staff continue to build and modify data base. Compare available data from previous year Proceed to Phase III & IV of the process Maintain communication with Advisory Board & obtain feedback 14 AGENDA TITLE: Junior Firefighters Ordinance SUBJECT/PROPOSAL/REQUEST: Public hearing to establish a Junior Fir, STAFF CONTACT(S): Messrs. Tucker, Foley, Trank, Pumphr BACKGROUND: COUNTY OF ALBEMARLE EXECUTIVE SUMMARY fighters program. AGENDA DATE: December 5, 2001 ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: ITEM NUMBER: IN FORMATION: INFORMATION: In June, the Fire/Rescue Advisory Boa~ requires that the Board of Supervisor., ordinance required to authorize the es DISCUSSION: 'd (FRAB) first discussed the establishment of a Junior Firefighters program. State law adopt an ordinance authorizing the establishment of this program. Enclosed is the !ablishment of such a program. Adoption of an ordinance strictly follow,lng State Code, allows candidates 16 - 18 years old to 'fully" parbc~pate in all activities of the volunteer company as Ior~g as th,~y have parental consent and have attained Firefighter I certification. The Fii'e Rescue Advisory Board has considered ~,hethe~l or not the ordinance should restrict to some degree, the activities of Junior Firefighters. From staff's understanding, restriction~ haVe been included in some of the Junior Firefighter ordinances adopted by other localities. Adoption of the ordinance n Its current form would not prohibit each individual station from establishin~ limits on the activities of the junior firefighters. The d~'aft ordinance was reviewed, accepted and passed by a unanimous vote at the October 24 FRAB meeting. However, the FRAI~ membership believes that some limits should be established system-wide and will develop a policy to be implemented byl all County fire/rescue agencies to establish such limits. RECOMMENDATION: ~ ~option of the encllosed ordinance. 01.228 11-29-01 P:)3:36 IN AN ORDINANCE TO AMEND PROTECTION, OF THE CODE BE IT ORDAINED by the Boart Chapter 6, Fire Protection, of the adding a new Section 6-102 (Jun Sec. 6-102 Junior Firefighter P Persons sixteen years of age or o. operate within the County of Alb Any person sixteen years of age company, provided that, if such A. Supply to the chief fire offic or guardian approval; and B. Attain certification under Nat administered by the Department (Oft 01-6(2), 12-05-01) State law reference -- V: This ordinance shall b I, Ella W. Carey, do hereby cerfi] the Board of Supervisors of Alb, ORDINANCE NO. 01-6(2) AND REORDAIN ARTICLE I, IN GENERAL, OF CHAPTER 6, FIRE OF THE COUNTY OF ALBEMARLE, VIRGINIA. · of Supervisors of the County of Albemarle, Virginia, that Article I, In General of Code of the County of Albemarle, Virginia, is hereby mended and reordained by .or Firefighter Programs), as follows: CHAPTER 6. FIRE PROTECTION ARTICLE L IN GENERAL rograms. der are authorized to participate in a volunteer fire company duly authorized to ~nnarle under the following conditions. ~r older may work with or participate fully in all activities of a voluntary fire erson is less than eighteen years of age, such person shall first: of the volunteer fire company written confirmation that such person has parental onal Fire Protection Association 1001, level one, fire fighter standards as )fFire Programs. rginia Code § 40.1-79.1. effeotive upon passage. that the foregoing writing is a Irue, correct copy of an Ordinance duly adopted by narle County, Virginia, by a vote of 5 to 0, as recorded below, at a regular meeting held on December 5, 2001. Mr. Bowerman Mr. Dorrier Ms. Humphris Mr. Martin Mr. Perkins Ms, Thomas Aye Nay x x x x x Cler--Y['~Board of County Supervis°r~)' (Absent) ~A DEPARTMENT lonroe Building th ,3rth 14th Street, I8 Flo mond, Virginia 23219 7-1 7-1.1 7-1.2 7-2 7-2. I 7-2.2 State Departmen 30,1981) The following act a. Minors, 16 a b. The term "b combustible materials. c. Minors, 14 ~ activities at tl burning mate Regulations. d. Minors unde: evolutions rel NOTE: Rule 17 ap[ the State Departme'~ Code of Virginia, Exclusions to Rule to permit by ordinm the Code of Virginit old minors as set fo, Section 40.1-79.1: ~ person sixteen yem with or participate person has attaine, level one, fire figl Programs. (Il) Any trainer or section or any mere person shall be exe~ VDFP In OF FIRE PROGRAMS Dr FIRE INSTRUCTOR MANUAL SECTION 7 UNIOR FIREFIGHTER PROGRAMS of Labor and Industry, Rule No. 17 - Firefighting (Revised June vities involving firefighting are prohibited: d 17 years of age, shall not enter a burning structure. ming structure" as used in this restriction shall not include a non structure such as an approved bum building which contains burning ~adl5 years of age, shall not participate in Firefighting or support te fire scene, enter a burning structure, enter a structure which contains rials, or engage in any other activity prohibited in the Rules and : 14 years of age shall not participate in any practical training ~ted to firefighting, lies, as well as other sections of the Rules and Regulations issued by zt of £abor and Industry, declaring hazardous Occupations. ection 40.1-79.1 qo. 17: Section 40.1-79.1 of Chapter 5, Title 40.1, authorizes localities .ce certain children to work for volunteer fire companies. As noted in 'quoted below, this section affects the employment of 16 and 17 year th in Rule 17 shown above in 7-1. A) Any county, city or town may authorize by ordinance any · s of age or older, with parental or guardian approval, to work fully in all activities of a volunteer fire company, provided such certification under National Fire Protection Association 1001, ter standards, as administered by the Department of Fire instructor of such persons mentioned in subsection (A) of this >er of a paid or volunteer fire company who supervises any such ~pt from the provisions of Section 40-1-103 (Cruelty and injuries ;tructor Manual, Section 7 ~ Junior Firefighter Program Page I of 2 VIRGINIA DEPARTMENT OF James Monroe Building 101 North 14~ Street, 18* Floor Richmond, Virginia 23219 to children), proviz county, city or tow: to or the death of si 7-3 Virginia Departme~ 7-3.1 Live fire training ev are subject to the fol 7-3.2 If the Junior Firefi Virginia Firefighter buildings (no acquir, DOES possess a cu referenced in Sectio: are limited to appro~ 7-3.3 If the Junior Firefig Firefighter I certific Fire Instructor Man~ permitted to particit; VDFP 'IRE PROGRAMS FIRE INSTRUCTOR MANUAL led that the volunteer fire company or governing body of such has purchased insurance which provides coverage for injuries tch person in his performance of activities under this section. ~t of Fire Programs Rules for Junior Firefighters >lutions involving Junior Firefighters (minors 16 & 17 years of age) Lowing restrictions: ater (minors 16 & 17 years of age) DOES NOT possess a current I certification then bum evolutions are limited to approved bum · .d structures). If the Junior Firefighter (minors 16 & 17 years of age) :rent Virginia Firefighter I certification BUT the local ordinance as ~ 7-2 of the Fire Instructor Manual is NOT in effect, bum evolutions ed bum buildings (no acquired structures). ater (minors 16 & 17 years of age) DOES possess a current Virginia ation, .AND the local ordinance as referenced in Section 7-2 of the tai IS in effect, the Junior Firefighter (minors 16 & 17 years of.age) is ate in all approved live bum evolutions. Inslructor Manual, Section 7 Junior Firefighter Pro.am Page 2 of 2 PLEASE Public hear Protection, Article I, In Firefight SIGN BELOW IF YOU WISH TO SPEAK ON ng on an ordinance to amend Chapter 6, Fire of the Albemarle County Code by amending General, to authorize the creation of Junior ~r programs by volunteer fire companies. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NAME (Please print clearly) PHONE NUMBER/ADDRESS (Optional) COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Public hearing on ordinance to amen~l Chapter 3, Solid Waste Disposal and Recycling, Ipertaining to refuse transpoded in vehicles / SUBJECTIPROPOSAL/REQUEST: Ordinance to amend Chapter 13, :~olid Waste Disposal and Recycling, pertainin! to refuse transported in vehicles STAFF CONTACT(S): Messrs. Tucker, Davis, Kamptner BACKGROUND: Albemarle County Code § 13-301 m~ constructed or loaded to prevent the re! to prevent the refuse from escaping "if 1 is designed to not allow sifting, leakag, found that a person does not technicall such as an enclosed bag of refuse, es, DISCUSSION: Although Albemarle County Code § 1: escape a vehicle, that section is not vi~ proposed ordinance is intended to elimi refuse escape a vehicle. The proposed ordinance is based on V it is constructed or loaded "to prevent ~ The proposed ordinance would amend "load" escapes the vehicle. The "load" ordinance would also amend the condi comply with Albemarle County Code § Used, they must be loaded so that the, also require that containers themselve,, These latter changes do not impose a n if containers are used, neither they nor The proposed ordinance was circulated the proposed amendments. RECOMMENDATION: Adopt the proposed ordinance. 01.223 AGENDA DATE: December 5, 2001 ITEM NUMBER: ACTION: X INFORMATION: CONSENTAGENDA: ACTION: INFORMATION: ATTACHMENT~: Ordin~......~ ikes it unlawful to transport refuse in a motor vehicle unless the vehicle is use from escaping the vehicle. A vehicle is deemed to be constructed or loaded ~e refuse is transported in a secured covered container within the vehicle which or the escape of refuse therefrom." Because of this language, the court has ! violate Albemarle County Code § 13-301 when a securely covered container, :apes from the vehicle. ~-301 makes it unlawful for refuse not within a securely covered container to )lated when a securely covered container of refuse escapes the vehicle. The late this deficiency and make it a violation if containers (including bags) holding rginia Code § 10.1-1424, which prohibits a vehicle from being operated unless ny of its load from dropping, sifting, leaking or otherwise escaping therefrom." Albemarle County Code § 13-301 and make it a violation if any of a vehicle's would include not only the refuse but also any refuse container. The proposed :ions under which a vehicle is deemed to be constructed or loaded in order to 13-301. The amendment would require that if secured covered containers are do not allow refuse to sift, leak or escape the vehicle. The amendment would ; be loaded in a manner so that they cannot drop from or escape the vehicle. ~w requirement that refuse be transl~orted in containers. They only require that the refuse in them may escape the vehicle. Io both the Chief of Police and the Commonwealth's Attorney, and they support 1 't-28-0 AN ORDINANCE TO AMI ARTICLE III, DUMPING,. WASTE, OF THE CODE (3 BE IT ORDAINED By the [ 13, Solid Waste Disposal an~ Disposal of Waste, of the Cc By Amending: Sec. 13-301 Transporting Ch{ Article III. Dumpi Aye Nay X X x_ X Sec. 13-301 Transporting r~ It shall be unlawful highways in the county in a of the load, consisting of the otherwise escaping therefron load from dropping, sifting, secured covered containers ~ refuse therefrom, and each ct dropping or otherwise escapi shall be guilty of a misdemea (Code4967, § 15-4; 4-17-75: State law reference - Va. Co I, Ella W. Carey, do hereby c duly adopted by the Board of recorded below, at a regular Mr. Bowerman Mr. Dorrier Ms. Humphris Mr. Martin Mr. Perkins Ms. Thomas ORDINANCE NO. 01-13(1) ND CHAPTER 13, SOLID WASTE DISPOSAL AND RECYCLING, tCCUMULATION, STORAGE, REMOVAL AND DISPOSAL OF THE COUNTY OF ALBEMARLE, VIRGINIA )ard of Supervisors of the County of Albemarle, Virginia, that Chapter 1 Recycling, Article lll> Dumping, Accumulation, Storage, Removal and de of the County of Albemarle is amended and reordained as follows: refuse in vehicles. tpter 13. Solid Waste Disposal and Recycling ng, Accumulation, Storage, Removal and Disposal of Waste ffuse in vehicles. )r any person to transport any refuse upon the streets, roads, or ~otor vehicle unless the vehicle is constructed or loaded to prevent any refuse and refuse containers, from dropping, sifting, leaking or .. A vehicle may be deemed to be constructed or loaded to prevent the ~aking or otherwise escaping if the refuse is transported in one or more ithin the vehicle which do not allow sifting, leakage or the escape of ~ntainer is loaded in the vehicle in a manner that prevents it bom ag from the vehicle. Any person convicted of violating this section nor punishable as provided in section 1-115 of the Code. Code 1988, § 16-3; Ord. 98-A(1), 7-15-98; Ord. 01-13(1), 12-05-01) § 10.1-1024. rtify that the foregoing writing is a tree, correct copy of an Ordinance Supervisors of Albemarle County, Virginia, by a vote of 5 toO, as aeeting held on December 5, 2001. Clerk, Board of County Superviso~s~ (Absent) BOARD -TO -BOA December 5, 2001 - 10:3~ A Monthly Communications. the Albemarle County Board Highlights: School Board through e-mail. RECENT CENTRAL REGIO Annual Convention the Central Region C EQUITY EDUCAT Board adopted an eqt footnote that "sexual opposite sex, same se is intended to describ, any conduct prohibite ANTI-DISCRIMINi discussion on the addi policies. At the Nove policy language whicl impact students (hara~, Board reviewed this h action on these changt discrimination. Legal consideration are all lc a.m. ~eport of activities from the Albemarle County School Board to ~f Supervisors. Briefs for November 8 and 29, 2001 were provided N CHAIRMAN: At the November 18-20 VSBA Williamsburg, Steve Koleszar was appointed as aairman. ;ON POLICY: At the November 8 meeting, the ity education policy. The policy will include a ~rientation" is defined as "One's attraction'to the ~: or both sexes, real or perceived. This definition the status of persons and does not render lawfuI d by the laws of the Commonwealth of Virginia." tTION LANGAUGE: The Board continued its .tion of"sexual orientation" to anti-discrimination tuber 8 meeting, the Board asked staff to develop would add "sexual orientation" to policies that ',sment and discipline). On November 29, the tnguage. On December 13, the Board will take :s and on a blanket resolution on anti- counsel has advised that the changes under ,~gally enforceable. RECEIVED, AT.T. BOS MEETING oat.:,, Agenda Item #: CAPITAL IMPROVEMENTS PROGRAM 2002-03/2006/07: The CIP has beendiscussed since the October 22 meeting. The CIP was prepared to reflect the recommendations of the Long-Range Planning Committee, enrollment changes and current needs. On November 29, the Board had considerable discussion and public input concerning the addition of an auditorium at Monticello High School to the CIP. On December 13, the Board will consider three options for the CIP. JLARC REPORT: On November 20, several Board members and Dr. Morgan attended the presentation of the JLARC Report. The report showed that the State is inadequately funding education. A summary of the report is attached (Attachment 1). The results of this report will probably have significant impact on the deliberation of the General Assembly this year and in the future. PROGRESS REPORT: On November 29, Volume 2 of the 2001 Annual Progress Report was presented to the SChool Board. Volume 1 was presented on October 22 and addresses the progress of the division towards meeting the School Board goals and priorities. Volume 2 includes more in-dePth information describing individual schools and the progress being made towards Board priorities as well as other important indicators of student performance measUred in the division. The 2001 Annual Pr, ogress Report will be available on the web site or copies are available by contacting Kevin Hughes. SOCIAL STUDIES STANDARDS: This month the State Board of Education lowered the minimum passing scores on History SOL tests- fifth-grade, eighth-grade, World History II and US History. In Albemarle County both World History II and US History are taken in the high school. These changes come at the same time that we are looking at new History tests. The new passing scores bring the History scores more in l~ine.-~with~ the passing scores already identified for the other subj.ects. - FUTURE ITEMS MID-YEAR REV1] meeting to review it~, Board/Superintende~ Reorganization of th the Board deems it n OF INTEREST gW: On December 6, the Board will hold a special progress toward meeting the School t Priorities, the Annual Progress Report, and the ~ Human Resources Department. At that time, if ecessary, adjustments can be made. SUMMARY By direction of Audit and Review Cot State funding of the V collected from a variel Education and all Ioca The Virginia St, They establish the mir Commonwealth for K- the SOQ. School divi,' adjusted for the Iocalit Index. As a rule, schc example, the SOQ st~ than 30. The actual sl school divisions exceE locality. Since JLARC Ir- number of concerns h; by the State to estimal the SOQ without state as a measure of a Ioc~ Recommendatit addresses the: actual ¢ addresses the funding SOQ and are not su pi0 funding of constructior provides a framework' responsibilities for edu A summary of tt Tier 1: The methodoloc terms of calculi is appropriately billion more in s' F JOINT LEGISLATIVE AUDIT, AND REVIEW :OMMISSION (JLARC) REPORT bhe 2000 Virginia General Assembly, the Joint Legislative nmission (JLARC) conducted a 16-month study on the rrginia Standards of Quality (SOQ). Data for this study was y of sourCes, including the Virginia Department of I school divisions in the state. ]ndards of Quality (SOQ) are part of The Code of Virginia. dmum standards to be met by all school divisions in the 12 education. State funding to school divisions is based on ;~ons receive state funding to meet SOQ requirements, f's ability to pay based on a measure called the Composite divisions exceed the requirements of the SOQ. For ndard for class size in third grade is 24 with no class larger atewide average class size in third grade is 20. When the SOQ, all necessary funding is provided by the st analyzed funding of the SOQ in the mid 1980s, a ~ve surfaced. Major issues include the methodology used e SOQ costs, the degree to which school divisions exceed support, and the long-term viability of the Composite Index ~lity's ability to pay. ~ns from the study are divided into three tiers. The first tier )sts of funding ti~ SOQ requirements, the second tier of prevailing school division practices that exceed the orted by state funding, and the third tier addresses the debt service and teacher salaries. Additionally, the report :or determining future state and local funding :ation. te report's major findings are as follows: ly used to determine the costs of the SOQ is inadequate in Iing the actual costs of the standards. If the methodology adjusted to reflect actual costs, it would require $1.06 :ate funding over the 2002-04 biennium. Page 2 Tier 2: SOQ funding does not reflect prevailing practice in areas including class size, provision for planning periods, funding for resource teachers in areas such as elementary art, music, and physical education, preschool programs, principals, and assistant principals. To address these areas would cost approximately $500 million more in state funding during the 2002-04 biennium. Tier 3: State support of local debt service for facility construction and renovation is relatively limited. To provide up to a 50% state share of these costs would require up to $291 million more in state funding during the 2002-04 biennium. Virginia teacher salaries have continued'to lag behind the national average. To address this are would require up to $394 million more in state funding during the 2002-04 biennium. The Governor and the General Assembly may also want to appoint a task force to examine the issue of a long-term teacher salary goal for the Commonwealth. In addition to the findings, the report also noted that the Composite Index remains a viable means to adjust state funding based on a Iocality's ability to pay. However, the report also identified some possible areas for adjusting the formula, including population density, the relative weights given to local tax bases, and the combined use of the median and average Adjusted Gross Income for localities with skewed income distributions. The JLARC report will now be considered by the Governor and the General Assembly for possible future legislative action. Eteme Joint Lee This after~ on State funding local school diw the SOQ. Our analysi~ educational expel reasons to be col that they bear. f( We have der, the General Asse~ accurate cost est policy, options s~ presents propose¢ SOQ, based on cu~ estimates. We b~ estimation pract] results over the Tier two in¢ operating costs ~ already bear, but does not fund in three addresses c teacher salaries. in these areas to policy choice of I want to en does not suggest to appropriate in That decision, ac the goals and obi Education, revisi those goals~ and of funding and th -and the localitie Introd'uctory Statement of Philip A. Leone .tary and Secondary School Funding islative Audit and Review Commission Tuesday, November 20, 2001 ~on, Mr. Chairman, we present our findings of the Standards of Quality (SOQ) and sion expenditures above those required by indicates that localities which have .ditures beyond the SOQ have some valid ~cerned about the level of responsibility ~r education costs. ~loped a tiered array of cost options for ~ly's consideration, ranging from more .imates of implementing the SOQ to broad !pplementing the standards. Tier one adjustments for estimating costs of the rent standards and prevailing Gost lieve that these adjustments in cost ces should achieve more realistic SOQ cost long term compared to current practice. ludes options for funding those additional hich the majorzty of school divisions the State does not generally fund, or full in all of the school divisions. Tier apital cost or debt service funding and The extent of the State's participation go beyond SOQ cost levels zs clearly a zhe General Assembly. phasize, Mr. Chairman, that our analysis how much money the General Assembly ought support of public education in total. cording to the Constitution, depends on ectives proposed by the Board of Dns the General Assembly might make to ~ legislative determination of the manner e apportionment of costs between the State which comprise the school divisions. Tier One: Meeting S0Q Costs In this first tier, our analysis examines the costs of implementing the existing Standards of Quality. The standards are promulgated by the State Board of Education in their Standards of Accreditation and other regulations; they are specified in the Code of Virginia; and they are addressed by the General Assembly in the Appropriations Act. These standards constitute what the Board of Education has determined to be minimum, but high-quality educational requirements for l~cal school divisions. In 1985, JLARC deveIoped a methodology for estimating SOQ costs. This methodology is rooted in the real costs that have been incurred by school divisions across the Commonwealth as they have implemented the standards. The JLARC staff approach was used by the 1986 an~ 1988 General Assembly. However, since the early 1990s, several changes have been made in the original JLARC methodology, resulting in local school divisions assuming more SOQ foundation costs. Mr. Rotz will describe these changes in his briefing this afternoon. For the upcoming biennium (2002-2004), Department of Education (DOE) estimates indicate that an additional $377 million in State funds will be needed to fund a 55 percent State share of the SOQ, based on routine updates to the SOQ cost funding model. The bottom line of our analysis is that we estimate an increased State cost for the SOQ of $1.06 billion, or $683 million above DOE's cost estimate of routine updates to fund the standards. Tier Two: Enhancing the Recognition of Instructional Personnel and At-Risk Pre-School Funding Tier Two presents a range of options for the General Assembly's consideration. The analysis indicates that local school divisions may have good reason to believe that the State should assume more of the costs of implementing' existing instructional requirements associated with elementary resource teachers and the required planning period for secondary grades. These two funding items alone would cost the State an estimated $386 million during the 2002-2004 biennium. Another opt school programs the next bienniu addressed by the ion for expanded State payments for pre- Would cost between $9 to $83 million over m, depending on which cost issues are State. Tier Three Funding Options: Debt Service to Supplement Current State FUnds for Capital Projects and Teacher Salary Costs The third a funding and teac tier present som has had a limite but in recent ye for this purpose grant funds. Th area is a policy With regard lacks a clear po salary increases generally been m the decade compa national average point, the State salary increases division practic report recommend consider establi State's goals sh Current Framewor Responsibilities In addition of Virginia prov responsibility f S0Q costs. We f utilized for der compatible with three-quarters o measure of local nd final tier addresses capital cost her salary options. The issues in this e unique concerns. The State historically d role in funding locally-built facilities, ars has substantially increased its funding with lottery funds and sch6ot construction e State's degree of participation in this choice. to teacher salaries, the State currently licY or salary goal. State-supported for teachers during the 1990s have inimat, and the State lost ground during ~ed to other southeastern states and the . The report recommends that as a starting may wish to estimate S0Q costs using at least equal to the prevailing school es from recent years. Beyond that, the that the General Assembly and Governor ~hing a task force to consider what the Duld be with regard to teacher salaries. for Determining State and Local for Paying Education Costs to determining S0Q costs, the Constitution [des the General Assembly with the Dr determining State and local shares for und that the current framework which is rmining these shares appears to be ~onstitutional provisions. Further, about all State funds are distributed using a ability to pay. 3 However, we do recommend that the General Assembly may wish to consider adjusting the current composite index to: (1) provide for a population density adjustment, (2) update the relative weights that are given to the real property, .sales tax, and other revenue components, and (3) use a composite index that takes median adjusted gross income into account for localities with skewed income distributions. In addition, if the State continues to reimburse localities for foregone revenues due to the phase-out of the local personal property tax, the General Assembly may wish to consider in the future how the composite index could be improved to better address this aspect of local ability to pay. Finally, Mr. Chairman, I would like to thank the Superintendent of pUblic Instruction, Dr. Jo Lynne DeMary, and her staff for their assistance throughout this study, especially Mr. Dan Timberlake and Mr. Kent Dickey for answering our many questions on the education budget and SOQ funding model issues. Also, a special thanks to local school divisions for filling out their lengthy and exhaustive surveys, which were integral to the study's analysis. We had a 100 percent response. Now, Mr. Chairman, I would like to introduce Mr. Bob Rotz, Senior Division Chief, who was responsible for directing this study. 4 Joint Legislative Audit and Review Commission of the Virginia General Assembly Review of Elementary and c~--~,nnd=r~~ Re, hnnl I=~ndinn Staff Briefing November 20, 2001 Presentation Outline ~i~lntroduction and Summary of Findings [] Background [] SOQ Requirements and the Funding of SOQ Costs (Tier One) [] Funding Options to Enhance State Support for Education (Tiers Two and Three) [] FramewOrk for Determining State and Local Cost Responsibilities JLARC Staff for the. Study Bob Rotz, Division Chief Kimberly Maluski Christine Wolfe Ashley Colvin f3-P,,~,q Cl~ot ~faff IUlafhn~lnln~i~:f State Standards of Quality (SOQ) · Virginia's Standards of Quality (SOQ) provide an important foundation for the State's role in funding elementary and secondary education · The SOQ are minimum requirements for school divisions to provide a program of high quality for public elementary and secondary education General Assembly's Constitutional Responsibilities Regarding Public Schools a "Provide for a system of free publ!,c ele~,e_ntary and secondary schools for all children and seek to ensure that an educational program of ~igh quality is established and Continually maintained · "Determine the manner in which funds are to be provided for the cost of malntalnlng an educational program meeting the prescribed Standards of Quality" , ,~..~Vl~l~;~ I~..~1 I. IIf~;t appor[ionmen! o! trte cost of such program between the Commonwealth and the local units of government..." '5 Locality Discretionary Expenditures Accounted for about 24 Percent of Total Operating Costs in FY 2000 State Sales Tax 9.5% ($O.74 Total Expenditures: State Non-SOQ $7.735 billion 5.9% ($0.45 billion) Federal 6.2% ($0 48 billion) Total expenditures for all operations were about $7.735 billion. (In addition, capital faci ity expenditures were about $743 million). Total local expenditures based on JLARC staff analysis of DOE spreadsheet on required local e]~pendltUres, and DOE revenue and expenditure data. Overview of Funding Components · State and local funding for elementary and secondary education supports: · SOQ operating costs (costs for the State's foundation program), · non-SOQ operating costs, and · capital facility costs · The State provides more than half of SOQ funding. ........... I." vv !~ ~ ~ ~JU[!Zy Ol non-~uM operational funding, and capital facility costs · Non-SOQ funds are provided to fund objectives which exceed the requirements of the SOQ Study Mandate · Local governments have expressed concerns over time about the adequacy of State funding support · Resolutions from 2000 Session called for a study of funding for elementary and .secondary education · SJR 232, HJR 173, HJR 195, and HJR 248: · "many school divisions surpass the minimum requirements of the Standards of Quality, [and] b~rgeoning educational costs often exceed the COmmonwealth s share of the cost of public education, straining local resources" · called for JLARC study of $OQ funding and local educational programs and services that exceed the SOQ (last JLARC review of SOQ costs and funding was in mid,1980s) Study Mandate (continued) · Language requiring the study initially included in Appropriation Act from 2000 Session; resolutions not reported as study anticipated through the Act · Appropriation Act language vetoed April 2000 · Veto sustained, but General Assembly leadership indicated study would be conducted pursuant to a charge by the Commission · At May 2000 meeting, JLARC members unanimously approved the study Study Issues (continued) 1! · In what ways are localities exceeding SOQ costs? · If the General Assembly wishes to enhance the level of State support, what options are available and what are the associated costs? [] What factors should be considered in assessing the priority to give to various options for increasing State support? Study Issues · How is the State estimating SOQ costs? Are all localities fully funding their share of SOQ costs? · Are there any adjustments to the SOQ methodology that appear appropriate? · Are there"funding a s" for g P State-mandated or sponsored programs? · To what extent is funding distributed based o~~ local ability to pay? Research Activities 12 · Forums to obtain public input on study issues · eight regions · two meetings in each' region (a meeting with Superintendents and Finance Officers, and a public meeting) · Analysis of Annual School Rep. ort data, survey data collected by JEARC staff, and other available data · Review and use of SOQ funding model and calculations · Consideration of ability to pay issues · Development of options for the General Assembly to consider and spreadsheets to estimate option costs 10 Survey of School Divisions [] JLARC staff developed a survey of school divisions which was administered from the Fall of 2000 to the Spring of 2001 · Examples of data obtained include: · FTE classroom teachers, by type of teacher (regular claSSroom, resource teacher, special edUcation teacher, and other types), by source of funds, and by grade level as appropriate · experience levels of teachers, provisionally-licensed teachers, applicants per teaching vacancy · salary increases for instructional, administrative, and support staff · maxim um class sizes by grade at elementary level~ by .~uh?n~ ~ secondary level [] Major effort by school divisions [] Final response rate was 100 percent State Share Assumptions in Options Study Options Presented in Three Tiers 15 13 Tier One: the estimate for meeting SOQ costs, using cost estimation principles which are considered to be most accurate for use over the long term. It is compatible with State standards, and prevailing division practices where standards are not quantified 14 Tier Two: enhanced instructional staffing practices and at- risk pre-school funding Tier Three: enhanced State support of capital costs based on - ~--' r-r ......... ~-~,, ~c, v.~, ~,.u u.nanced ~eacher salaries, including costs of moving toward the national average teacher sala~ Summary of Study Findings 16 · Options use a 55 percent State share of operating costs remaining after the deduction of sales tax, and up to a 50 percent share of debt service costs · The State's percentage share of costs is a policy choice that is made by the General Assembly · There are some valid reasons for local concern about education funding issues: · Increasing number of pupils since FY 1985 · Increasing school facility costs · Relative stagnancy in estimated.true value of real property · Stat·car tax relief based on 1997 tax rates and policies;:~ · Resource needs related to Standards of Learning (SOL) · State funding, in constant dollars per-pupil: · was down during the 1990s from the FY 1990 level, and did not recover until FY 1998 · showed a brief growth trend beginning in FY 1999, with the onset of Lottery and school constructiori grants programs · may begin to trend downward again due to State fiscal difficulties Summary of Study Findings (continued) 17 [] In FY 2000, local funding for non-SOQ purposes exceeded local funding for SOQ purposes [] Reasons for the size of locality operating cost expenditures above the SOQ include the following · Staffin.q: 'State standards for instructional staff recognize fewer positions than are provided by most school divisions · Cost Estimation Chan.qes: a number of changes in the State's costs · Salaries: some large school divisions, employing a majority of teachers, pay average teacher salary levels above the typical level across school divisions, and thereby incur substantial non- SOQ salary costs Summary of Study Findings (continued) 19 Summary of Study Findings (continued) [] DOE staff's preliminary estimates are that SOQ cost payments, stemming from routine updates of the SOQ cost model, will cOst the State about $377 million in the upcoming biennium [] Based on recent data corrections, JLARC staff's current figure for the impact of routine updates to SOQ costs for the biennium is about $389 million Summary of Study Findings (continued) .= Changes in State budget assumptions, most made during the early 1990s, have dampened the size of the SOQ cost estimates which are produced · JLARC staff sought a more realistic estimate of costs · JLARC staff estimate the following State cost increases for the 2002-2004 biennium (a two year cost increase) over FY 2002 planned allocations, to meet SOQ costs: · As mentioned, cost for routine re-basing of the SOQ cost model: $ 389 million · JLARC staff proposed adjustments in estimating current SOQ costs + $ 671 million · Estimated $OQ Costs (Tier One) $1.060 billion · The study provides additional options for the General Assembly's consideration, to enhance State support for public education · These options address: · State recognition of elementary resource teachers and the · secondary planning period requirement in cost calculations · State recognition of higher instructional staffing levels (for example, in order to provide smaller class sizes), as provided by most school divisions · State funding of at-risk pre-school programs · State support for capital facility purposes · teacher salaries, including movement toward the national average salary 18 2O Presentation Outline J~ Introduction and Summary o f indin g---~ =o. roun [] SOQ ReqUirements and the Funding of t SOQ Costs (Tier One) i/ f ° rnEd~l~gc aOt iP°t in°(~' efr( ~r TEv~ °h ~le ~ hSrteaet)e: ~ '/ [] Fr~_m.e:~.,ork fcr D~t~r~ii~h,y Slate an({ Funding Options for Enhanced State Support 23 1,15O,O00 1,125,000 1,100,000 ~ 1,075,000 ~3~'1,050,000 1,025,000 1,000,00o 975,000 950,000 o Cost Responsibilities Local Rising Number of Pupil in the Public Schools Since FY 1985 -21 Pressure Upon Local Governments in Funding Education -- · Many local governments have long argued that the State is not a full partner in funding elementary and secondary education, pointing to differences between the expenditures that are made, and what the State recognizes in its standards and funding · The State's perspective generally has been that its primary obligation is to fund the State-required $OQ. not heln d~frn~, th,- ,-,,,..+~ _, _, ..... expenditure decisions · Several trends, however, have increased the pressure faced by local governments in eduk:ation funding. School Facility Costs Reached Higher Levels, Beginning in FY 1986 -24 -22 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 00 School Year (End Date) ~. $?oo ,- '~ $600 ~ o~ $500 = o $400 $300 $1o0 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 00 Fiscal Year Growth in Local Real Property Tax Base Was Relatively Slow in 1990s 25 ~400 350 _3 ,o. 200 ~ ~ 100 ~ o 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 O0 Tax Year School Division Funds, in Constant FY 2000 Dollars Per Pupil The 1980e were a time nenetant dollars, I of rapid growth in State I98 revenues $3,400 / revenues per pupil, 3,200 i teven in constant dollars. 3,000 Revenues from State-Appropriated 27 2,200 ,800 ,600 Constru0ti0n Grants ~eginning in 1,000 Soo 600 400 ~ Beginning of State- I lappropriatnd sales tsxl ~y~98o I Fiscal Year State Policies With ~,~ Potential LoCality Fiscal Impacts 26 · State reimbursements to local governments for car tax relief: · paid based on local tax policies' in place in 1997 · as a practical matter, and consistent with the relief intended for taxpayers by State policy, Localities will generally not be raising this tax to gain higher revenues · Standards of Learning: .Stc. tc :-~=..u.~.ng, throL,~h ~_ .c)t=at~ ~urriculum and testina program, _ to challenge pupils and schools to improve student knowledge and performance, and to promote accountability · Some costs already incurred; more costs anticipated in the future for school improvement plans Presentation Outline 28 [] Introduction and Summary of Findings [] Background ~i~f SO.Q Requirements and the Funding of SOQ Costs (Tier One) ~'ROle of the Board of Education · State's Estimation of SOQ Costs · Administration and Oversight of SOQ Funding. [] Funding Options to Enhance State Support for Education (Tiers Two and Three) [] Framework for Determining State and Local Cost Responsibilities Constitutional Expectations for the SOQ [] SOQ framework attempts to promote State and local government accountability for ensuring adequate minimum standards and resources for public education [] Board of Education to prescribe standards (subject only to revision by the General Assembly) [] General Assembly is to determine manner in which funds are to be provided for the cost of maintaining an educational program meeting the SOQ, and to · .- ............... · ~,=~vv=~ o[a[e an• localities [] "Each unit of loCal government shall provide its portion of such cost by local taxes or from other available funds." -29 Standards of Quality to .Be Realistic --31 · Attorney General's opinion, 1973: · "Although what items shall comprise the Standards is a matter for the exercise of sound judgment by the Board of Education, subject only to revision by the General Assembly, the Standards cannot be prescribed in a vacuum but must be realistic in relation to the Commonwealth's educational needs and practices." Board of Education Charged With Prescribing SOQ · ~ituflonal Revision (January, 1969): · "clearly unworkable to enshrine a standard in the Constitution" · "language of high quality intended to convey the idea of a progressively higher statewide standard, achievable under present conditions, but to be advanced as circumstances an d resources permit" * "Therefore, standards of ~lualitv are tn h~ ¢~efakll~,k~d L.. me ~tate Board of Education, the governmental agency most familiar with the needs of the public school system, subject to revision only by the General Assembly, which because of its fiscal responsibility for meeting the standards, must have ultimate control of them." Board of Education Needs tO Keep the SOQ Cur_rent With Prevailing Practice · Primary area in which Board of Education has set quantified standards that are part of SOQ funding framework is in the area of instructor, pupil ratios and maximum class sizes · These basic standards have changed little since the 1980s, and are exceeded in most areas by current school division practices ~ · The current Board of Education, during the fall of 2001, has acknowledged that it has been relatively inactive with regard to re-examining SOQ requirements over the last decade or so .3o 32 Board of Education Needs to Make Annual Reports on Condition and Needs of Public Education 33 [] Article V!l!, Section 5 of the Constitution of Virginia: · "It [the Board] shall make annual reports to the Governor andthe General Assembly concerning the condition and needs of public eduCation in the Commonwealth" [] The Board of Education began,providing these annual reports in the 1970s. During the 1980s, thereports began to focus upon Board and State initiatives, rather than upon an analysis of condition and needs Board of Education Needs to Develop Staffing Standards for TechnolOgy Positions 34 · Section 22.1-253.13:3 of the Code of Virginia requires the Board of Education to promulgate regUlations with: · "requirements and guidelin es for the integration of educational technology into such instructional programs, administrative and instructional staffing levels and positions, including staff positions supporting educational technology" (amendments enacted at the 2000 General. Assembly Session) · The Board of Education has not consistently produced reports during the 1990s with a focus on assessing the cOnditions and needs of education · As of October 2001, the Board of Education had not promulgated such regulations, and DOE staff indicate that they' have not developed internal draft staffing standards Board of Education Indicates It Plans to Be More Active on SOQ Issues · The Board is considering a proposed amendment to its bylaws: · amendment would require the Board to "conduct a review of the Standards of Quality from time to time, but no less than once every two years" · amendment could be a positive step · Board also has recently begun to plan the development of the next annual report on the status of public education. However: · the constitutional framework anticipates report which comes to grips with public education's "needs" and "failures" · DOE staff suggestions to the Board appear to foster a report that inventories,, categorizes, and publicizes past and present actions of the Board 35 Recommendations Recommendation. The Board of Education should review the adequacy of current quantified standards pertaining to resource needs, and recommend advances in those standards to the General Assembly, as appropriate relative to current education conditions. · Recommendation. The Board of Education should address the issue of resource needs for the public school system in its constitutionally and statutorily-required annual report on the "condition and needs" of pul~lic ~ducation. · Recommendation. Pursuant to §22.1-253.13:3 of the Code of Virginia, the BOard of Education should promulgate regulations regarding the integration of educati~)n technology into instructional programs and setting guidelines for staffing positions supporting educational technology. 36 Presentation Outline Historical View of SOQ Costs [] Introduction and Summary of Findings [] Background I~i~SOQ Requirements and the Funding of SOQ Costs (Tier One) · Role of the Board of Education ~'State's Estimation of SOQ Costs · Administration and Oversight of SOQ Funding Funding Options to Enhance State Support for Education (Tiers Two and Three) Framework for Determining State and Local Cost Responsibilities SOQ Should Be Realistic in Relation to Current, Prevailing Costs 37 · Constitution of Virginia empowers General ~ Assembly to make final deciSions about SOQ costs · Adequacy of the costs set by the General Assembl~f has never been legallY challenged: · court case on education funding in early 1990s alleged that substantial disparities exist in school division resources, but Virginia SuPreme Court held that "while the elimination of substantial disparity between school divlslons may be a worthy goal, it simply is not required by the Constitution" · court noted that in that particular case, there was "no contention that the manner of funding prevents the schools from meeting the standards of quality" Approaches to Estimating SOQ Costs "The legislative determination of cost may not be based upon arbitrary estimates with no reasonable relationshl p to the actual expense" (Virginia's Attorney General's opinion, February 1983) [in] estimating the cost of implementing the Standards, the General Assembly must take into account the actual cost of education rather than developing cost estimates based on arbitrary figures bearing no relationship to the actual expense of education prevailing in the Commonwealth" (Virginia Attorney General's opinion, February 1973) "... the following guidelines are implicit in the Constitution: (1) the Standards of Quality must be realistic in relation to Current education practice. (2) The estimate of the cost of the Standards of Quality must be realistic in relation to current costs for education." (From the first and second reports of the Task Force on Financing the Standards of Quality~ December 1972 and July 1973) 39 · One way to promote the historical objectives in determining SOQ costs is to use a methodology with cost estimation principles that are known, reliable, and independent of factors that are unrelated to the expense of education, such as the short-term availability of-funds · Approaches to-estimate SOQ costs have included: · the former Task Force / DOE approach · JLARC staff methodology (1986 and 1988 Sessions) · More recent apprOach, using JLARC staff methodology, but with sOme important deviations 38 4O Former Task Force / DOE Methodology Assumptions 41 · Instructional positions: Focused on division-wide Appropriation Act requirements · Teacher salary base: Statewide average (total salary compensation divided by total number of teachers) · Support: Comprehensive inclusion of positions; statewide average per-pupil cost · Teacher salary increases: hOE proje~:[u~ ~a;&ry cc, c,t= forward using percentage increases needed to achieve or maintain teacher salary goals. Full year salary increases. · Inflation: Used to move costs from base year to current year, and to project costs forward for each year of new biennium Statewide Average Cost Was Not Funded by the General Assembly · During the 1970s and first half of the 1980s, the Department of Education used the methodology to estimate th~ per,pupil costs of the SOQ · In the Appropriation Acts, however, the General Assembly established a lesser SOQ cost than estimated by the department · The difference was known as the "funding gap" for the SOQ. In 1975, the General Assembly funded 82.5 percent of the SOO cost estimate; in luo,:, ,~ ,u,,u~,, v.v. ....... 42 JLARC Staff Methodology ~43 [] In1985, the General Assembly requested that JLARC staff examine the costs of the SOQ [] JLARC staff developed a cost methodOlOgy which had some similarities, but also differences, from the former Task Force / DOE approach JLARC Staff Methodology Assumptions 44 · Instructional positions: Used all standards to determine instructional position needs above 57 per 1,000, where required · Teacher salary base: Calculated using actual division-by-division average salaries, with an estimate Of the typical division salary level using the linear weighted average (see later slides for further discussion) · Support costs: ComPrehensive inclusion of positions; linear weighted average cost · Teacher salary increases: Proiected forward based on percentages needed to achieve or maintain teacher salary goals. Full year salary increases · Inflation: Used to move costs from base year to current year, and to project costs forward to each year of new biennium JLARC Staff Methodology Reduced Size of SOQ Cost Estimates in 1985, using the Task Force / DOE methodology, the Department of Education estimated that $395.9 million in additional State funds would be needed in the 1986-88 biennium to fully fund the SOQ m Based on its methodology, JLARC staff estimated that an addition of only $161.4 million was needed for full funding of the SOQ 45 Changes in Assumptions During 1990s Dampened Growth in SOQ Cost Estimates · Key changes included: ~ · No prospective inflation for sUpport costs · No teacher salary goal; instead, year-to-year decisions, usually based on State employee raises · Salary raises paid by State for half of the year · Costs for professional administrative staff dropped due to DOE error; change made permanent - - h aaoptea Dy · n , [,'G ui.r'q.l~l%, OtC:ill t.;U~t i:l~r~)aG was actions of the 1986 and 1988 General Assembly 46 No Prospective Inflation for Support Costs Driven by inflation and other factors, school division support costs statewide almost always increase from year to year To help account for this, the JLARC staff methodology from the 1980s included the use of inflation factors to help anticipate cost increases · The State's approach during the 1990s has assumed no prospective inflation for support costs [] Therefore, DOE's estimate of SOQ costs: · inflates a base year per-pupil cost, to estimate costs forths year prior to the start of the new biennium (for example, FY 2000 costs are inflated to obtain an FY 2002 cost) · the per-pupil cost from the fiscal year preceding the new biennium is ther~ used to fund costs in both years of the ne~ biennium (for examp e, a FY 2002 per-pupil cost is used to fund costs for FY 2003 and FY 2004) 47 Teacher Salaries: Big Increases to Fund Salary Goals Largely Ended in FY 1991 Budget Bill Appropriation Act Proposed Increase Funded Increase Over Effective Date of Fiscal Year Over Prior Year Prior Year Salary Increase 1985 10.0% 10.0% 07/01/1984 1986 10.0% 10.0% 07/01/1985 1987 12.80 % 12:80% 07/01/1986 1988 12.80 % 12.80% 07/01/1987 1989 8.00 % 8.00% 07/01/t 988 1990 8.00 % 8.00% 07/01/1989 1991 6.30 % 5.00% 07/01/t 990 1991 Session addresses fiscal shortfall 1992 0.00 % 0.00% -- 1993 0.00 % 0.00% -- 1994 0.00 % 3.00% 12/01/1993 1995 2.25 % 3.25% 12/01/1994 1996 2.25 % 2.25% 12/01/1995 1997 0.00 % 1.75% 01/01/1996 1998 3.00 % 2.00% 01/01/1997 1999 2.25 % 2.25% 01/01/1998 2000 2.25 % 6.00% 01/04/1999 2001 0.00 % 2.40°/0 12/01/2000 2002 0.00 % 0.00% .. 48 Teacher Salaries: State Does Not Have a Policy Connecting Salary Increases to Prevailing Practice 49 · Teacher salary costs are a major component of SOQ costs · Teacher salary increase levels are impacted by State budget decisions, but also by locality decisions about increases Based on school division expenditures, average .... ,- .... ~..~;.~,, ho~,~ nnn~ un in 2fi of the last 27 years The State does not have a pOlicy to provide salary increases that are likely necessary to keep pace with locality decisions Case Example: Salary Increases Not Currently Viewed as Part of State's SOQ Cost Responsibility The executive branch's December2000 proposed State budget provided a reduction in State retirement system contribution rates. Executive branch officials indicated that the locality cost savings from the rate reduction could and should be used by local governments to pay for teacher: salary increases. The State was considered to have contributed to the end of increasing teacher salaries by setting the policy that led to the locality savings, and could use its own savings for other purposes. Under this perspeCtive, the State was not seen as having a salary increases. Ultimately~ when a budget impasse occurred, no State-funded salary increase was assumed in SOQ costs for FY2002, as had been the executive branch's position. 5o Teacher Salary Increase Assumptions Included in DOE's SOQ Cost Estimate a DOE's estimate of about $377 million in increased SOQ costs for FY 2003 and FY 2004 assumes the following regarding teacher salaries: · a 2.4 percent increase per State budget in FY 2001 · no increase in FY 2002 · no increase in FY 2003 · no increase in FY 2004 51 Salary Raises Provided for Half of.the Fiscal Year [] Beginning in FY 1994, salary increases for school division personnel have been paid by the State starting in December or January of 'the fiscal year being funded [] School divisions typically provide salary increases at the start of the contract year, typically in July · Localities must essentially provide: (!) half of the State's share of the increase (since State funds are provided for half of the year), and (2) the full local share of the salary increase · Example: If State provides a 2.4 percent teacher salary increase effective in January of the fiscal year · typical composite index locality needs to pay for a 1.74 percent increase in order to realize a2.4 percent increase · State share of cost is a 0.66 percent increase 52 Costs for Certain Administrative Staff Were Not in FY 1993 SOQ Costs Due to DOE Error 53 "Each local school board shall provide those support services which are necessary for the efficient and cost- effective operation and maintenance of its public schools including, but not limited to, administration..." Historically, the various types of support positions provided by school divisions, including administrative personnel, have been included in SOQ costs · In FY 1993, due to an oversight by DOE staff, costs for administrative Ders~)nn~.l nfh~r fhnn Intel e~',hnnl h,-,a~-,.I members, superintendents, and assistant superintendents were inadvertently missed in SOQ cost estimates Costs for Certain Administrative Staff Permanently Dropped from SOQ Costs 54 [] DOE Staff indicate that when it noticed its error the next year, it notified appropriate officials [] However, DOE has not been directed t° restore the dropped costs · As a result, the State does not currently contribut.e. toward the prevailing costs of positions providing. · clerical serviCes · board and executive administration services · information services, personnel services, planning services, fiscal services, purchasing services, reprographics, and data processing Locally-Generated Revenues Subtracted from Costs Before SOQ Costs Finalized 55 The current approach to SOQ costs sUbtracts locally generated revenues from the costs prior to the deduction of the sales tax and the calculation of Basic Aid per-pupil amounts Locally-generated revenues are local funds obtained through actiVities suCh as the collection of fees or rent, sales of supplies, and interest on interest-bearing accounts. [] This practice means that a portion of SOQ costs are not included in the SOQ cost calculations JLARC Staff Proposed Adjustments to Keep SOQ Costs Current and Prevailings6 · No deduction of loCally-generated reVenues, before setting SOQ costs (and no deduction befOre determining State and local shares) · Restoration of dropped administrative personnel cost categories · Full cost of competing adjustment · Inflation factors for FY 2003 and FY 2004 for health insurance premiums and support~costs · Instructional salary increases based on recent, prevailing practices (average salary increases achieved in recent years) Comparison of State Aid Approach to Teacher Salaries and Approach Fully Recognizing Prevailing Salary Levels (The base year FY 2000 linear weighted average salary was $34,546). State's Fiscal Year Assumotion State Budqet 57 Assumption to Full SOQ Cost Fund Full Cost of Based on Likely Prevailing Prevailing Cost ~a!arv Al•roach 2001 2.4 percent $35,375 Average salary $35,810 Increase per , levels of school State Budget divisions estimated lo increase 3 66 percent over FY 2000 2002 NO salary $35,375 Average rate of $36,809 increase was instructional provided salary increase, ~ last five years of Known dam was 2.79 pement 2003 The SOQ salary $35,375 + ? Same $37,836 cost. estimate will percentage Increase Jf the Increase as FY State can afford 2002 (2.79 and decides, percent) upon an increase 2004 Same as 2003 $35,375 + ? $38,892 Tier One Costs: Based on Proposed SOQ Cost Adjustments Biennium Costs of Proposed Adjustments in CalcUlating SOQ Costs 58 · Increased State costs in FY 2003 plus FY.2004 over .FY 2002 levels ($389 million is estimated increase due .to routine updates): · no deduction of locally-generated revenues = + $51 million · restore dropped administrative costs = + $138 million · full cost of competing for support -- + $6 million · health insurance premium increases = + $54 million · non-personnel support inflation = + $36 million ; pr~vallln..3 ~uppo~ ~a~ar{e~ kept uu,,u,,[ = ~- $7-3 million · instructional salaries kept current -- + $307 million · Total two-year increase, routine increase plus adjustments: $1.060 billion Recommendations The proposed adjustments shown on the previous slide are included in the JLARC study under Option Tier One (the first of three option tiers) The Tier One cost is intended to provide a cost which is consistent with school division practices where quantified SOQ are not available, and to keep that cost current for the years to be funded It is presented as an estimate of SOQ costs which may be more realistic than is obtained under the current State approach: · makes some adjustments in cost estimation practices which should yield more realistic cost results over the long term · seeks to estimate at least the costs which appear likely in the years to be funded, taking prevailing division practices into account 59 · Recommendation. To fully calculate SOQ costs and improve the accuracy of Basic Aid cost calculations, the State should discontinue the practice of deducting locally-generated reverlues from the cost figures that are used in determining total SOQ Costs and State and local share responsibility. · Recommendation. The General Assembly may wish toprovide sufficient funding in FY 2003 and FY 2004 to provide a State share of 55 percent of the costs of funding th'e SOQ as estimated using adjustments described in the JLARC staff report, and therefore provide for a State share based upon the anticipated prevailing costs in those fiscal years. · Recommendation.: The General Assembly may wish to direct that the Department of Education estimate SOQ costs based on principles consistent with producing a current, prevailing cost. This cost estimate should be distinguished, as needed, from adjustments depa~rting from prevailing costs that may be made year-tO.year to produce the State budget. ~ 6o Presentation Outline [] Introduction and Summary of Findings [] Background ~f'SOQ Requirements and the Funding of SOQ Costs (Tier One) · Role of the Board of Education · State's Estimation of SOQ Costs ~'Administration and Oversight of SOQ Funding ~1 Funding Options to Enhance State Support for Education (Tiers Two and Three) [] Framework for Determining State and Local Cost Responsibilities State Needs to Ensure That All Localities Are Consistently Funding the SOQ Constitution of Virginia requires that "each unit of local government shall provide its portion of [SOQ costs] by local taxes or from other available funds" · Appropriation Act language for 27 years has required that calculations be performed "in order to determine if a school division has met its required local expenditure for the Standards of Quality" · The language has not specified who is to perform the calculation. DOE staff check ask for local budgeted amounts in the fall, but do not review actual expenditures JLARC staff review of FY 2000 expenditures provides at least a preliminary indication that three localities may not have met their required local share in that year 63 Problems With t e SpecIal Education Child Count Used in SOQ Funding · Data may not be accurate for all school divisions · The data for some localities shows unusually high proportions of self-contained pupils, which can lead to over-estimation of costs · Data may not be reliable in every year · virginia Beach data for the 2nnn.pnn~ o~h,,,,, ..... originally indicated an extremely~(~,' p-r;l~i~)~';f self- contained pupils, which can lead to under-estimation of costs. Other Issues Regarding the Administration and Oversight of Funding · State per-pupil basic aid funding is reduced in the event of an under-forecast of ADM, which, means that a component of SOQ cost is not funded in full · Some issues regarding annual school report data need to be addressed · Reliable data needed on locality expenditures for education outside of lOcal school board budgets · SOQ cost model could be better documented, updated and executed annually, and made more r~adily accessible outside of I~OE 64 62 Recommendations ¸65 · Recommendation. The Department of Education needs to review and make corrections as appropriate to the special education child . that are currently being used in the SOQ funding model. .co~n_t ,d.~tuare DOE staff need to develop checking procedures to In [Re iu better ensure the reliability of these data. · Recommendation. It substantial discrepancies remain tot any OhS after correcting special education pupil count data, school divtsi ....... nnd,ct ° r~view of special the D rtment of Eouca~lon snoulu ~ .... 7-.- .~.LT-.- ,__,., educ~P~oan stmm,~ ,,, d .... ~_...=_ w~_th f~.wer total r I = positions, and fewer FTE teachers, than are calculated by funding model. DOE may need to assess w. hether there are any problems with the sufficiency of local staffing levels relative to SOQ requirements, or whether there are any assumptions of the model that appear to be producing an over.estimate. Recommendations (continued) -~ 66 · endation The General Assembly may wish to consider Recomm ' ...... ,~-.~,,a-e to exolicitly provide expanding upo. n AP. pr.op..r~i.a.t_i~[='~;~;~U;r~ cai~ulatio~s annually that the Department OT r-uuu,uu- ,o - ~' t° determine if required local expenditures for the SOQ have been met. · tion. The Governor and the General Assembly may Recommenda . ........... *~,,-~1 reduCti°n in Basic wish to end the requlremem mr u p,u~, ....... "n~mber of pupils Operation Costs for the SOQ if the statewide exceeds estimated ADM. Recommendations (continued) . De artment of Education should make [] c mmendation The.. P :_ · t e Annual School Re .o.. . 'ts mstrucbons to h add~tlo, n.al !mp. r0v_e_m_.e..n?,~°= ~onsistencv of data. Report, to om[er en~u,= -,,~ - Recommendation. The General Assembly may wish to request that · u ation and the Auditor of Public Accounts the State B..oar.d of Ed ..c_~_ ~,.~ = ..... of exoenditures that. are...made wOrk togemer to exam,pu m= ,.=o-- i ents that are funded fr~ parts of the locality .by I.oca. I g.?~er.n~_m~ ~,,,,ation, vet have the_ same_ p_ur.p_o_s,e~a_s..~., ouaget omer u,-. ~,,,,~ - the Annual ~cnoot expenditures commonly reported on . e artment of Education should improve ecommendation, The _D_~LP~ . .. ' cie.based SOQ cost I~ t~e documentation and uu~==slbdlty of the Ora model. · Recommendation. The General Assembly may wish to require that the Department of Education fully update and execute the SOQ cost model on an annual basis, 67 Presentation Outline ~68 [] Introduction and Summary of Findings [] Background [] SOQ Requirements and the Funding of SOQ Costs (Tier One) ~' Funding Options to Enhance State Support for Education ~f~ier Two: instructional Positions and Pre. School · Tier Three: Debt Service and Enhanced Teacher Salaries [] Framework for Determining State and LOcal Cost Responsibilities Tier Two Funding Options State SOQ *Costs Do Not Include Costs · Second of three fundin ~ for. Elementary Resource Teachers 69 ' ' ' ' -- 70 · . . g tmers addresses operating [] Regarding the instrUctional program Jn elementary costs which are currently considered non-SOQ, but ~' which may merit enhanced State support schools, State Standards of Accre ' · t " . dltatlon state !_hat' each.sc, hool shall provide instructio ' [] The tier focuses on the following: · . music, an· I~ sica · n In art, P Y I education and health" · elementary resource teachers [] SOQ cost estimates have not eXplicitly included · secondary class size of 25 to one with a planning period elementary resource teachers as a component of · Other prevailing instructional' Staffing practices the Cost ' . · added costs fnr,,v~n=.~,~,,d Stste --= lent - - . programs ........ ~'- y s [or pre-scnoo~ [] The assumption used in estimating SOQ costs has been that under the standards, divisions may have the regular classroom teacher provide this resource instruction P. rev.ailing Division Practices I clud~_ Art Uus,c, ",ysica uca ionn 71 [] Music -- 128 of 130 school divisions responding to the JLARC survey have resource, teachers [] Physical education .- 128 of 130 school divisions responding [] Art -- 115 of 130 school divisions responding [] A majority of school divisions have reading resource teachers, but most of these are federally funded · Foreign lar~guage, technology, and other resource teachers are on.'J'y employed by a minority of divisions at the elementary level State May Need to Consider Present-Day Intent Regarding Elementary Resource Teachers · As indicated, most divisions employ elementary music, physical education, and art resource teachers · State now has Standards of Learning, applicable to'th elementary, grades, in the areas nf n~.o~;. · . . e. - ....... *-, visual arts, aance arts, theatre arts, 'physical education, and health education (adopted by the Board of Educationi May 2000) [] Threre is reason to question whether it is practical for re class?om teaChers.to routinely have f~ll ..... -_,_,,._,...! .gular r · - · . , ~ ~pullSlDIIII~ _P OVl?!ng .h. lgh-quahty instruction in theSe re ......... y, t, or. as Well as the regular curriculum · Most school divisions appear to have made the judgment that it is not realistic in music, physicel education, and art 72 Current SOQ Cost Calculations Do Not Provide for a Secondary Planning Period [] The SOQ require that instructional staff be assigned in a manner that produces school-wide ratios of students to FTE teaching positiOns of 25 to one in middle and high schools [] SOQ cost calculations have applied the standard as providing one basic FTE position for every 25 pupils · The Standards of Accreditation require that one class period per day shall be available to teachers for instructional planning 73 [] To fund the costs of a 25 to one pupil-teacher ratio an¢l provlae for the costs of a planning period within the teacher's day, the State would need to fund a pupil-teacher ratio of about 21 to one, rather than 25 Prevailing School Division Practices: Maximum Class Sizes ~ 75 A table in Chapter III of the JLARC report shows data on largest class sizes reported by school divisions for ~ kindergarten to grade 7 in 1999-2000 Seventy-five percent of school divisions reported having no class sizes larger than the following: · kindergarten 23 (State maximum class standard is 30 with an aide, else 25) · grade one 23 (State standard is 30) · grade two 24 (State standard is 30) e grade three 25 (State standard is 30) ~ grade four 26 (State standard is 35) · grade five 27 (State standard is 35) · grade six 29 (State standard is 35) · grade seven 29 (State funding calculations allow up to 35) Prevailing School Division Practices: Instructional Staff Other Than Teachers 74 Type of Instruct onal Position Prin_ cipals Assistant Principals Guidance Counselors Librarians Number of State and Locally Funded Positions t ,880 1,912 3,311 ~063 Number of Positions Based on SOQ Standards 1,692 795 ~_.___~2 656 __ Percentage Actual PositiOns Exceed SOQ Positions +11.1% + 140.5 % + 24.7 % ____1.875 ~_ + 10-1°/-° -- Prevailing School Division Practices: Division- wide Basic Elementary Pupil. Teacher Ratios · 76 · Kindergarten: 20.0 to one · Grade one: 19.1 to one · Grade two: 19.3 to one · Grade three: 20.0 to one · Grade four: 21.5 to one · Grade five: 21.7 to one · Grade six: 23.0 to one · Grade seven: 23.1 to one Recommendations [] Recommendation. The General Assembly may wish to consider funding a State Share of the cost of the prevailing levels of elementary resource teachers in the school divisions, and/or a 21-to.one pupil-teacher ratio at the secondary school level (to fund an average class' size of 25 to one, with a teacher planning period). [] Recommendation. The Board of Education should examine theStandard of Accreditation provisions for assistant principals, and the current sufficiency of the re ulreme t just half-time rin * q ' r~ for .... P. clpals at elementary schools with enrollments DelOW 300 nunile Costs to Keep Pre-School Initiative Funding Current · The cost per-pupil that was funded in FY 1996 was believed to be appropriate for providing quality programs serving at-risk four-year-olds · That cost was $5,400 per pupil · . The. cost per pupil, however, has not been Increased since FY 1996 · To provide a grant with similar purchasing power as in FY 1-996, JLARC staff estimate that the per- pupil cost would be $6,450 in FY 2003 and $6,620 in FY 2004 -77 - 79 State's At-Risk Pre-School Initiative · In FY 1996, the State appropriated about $9.2 million for a pre-school initiative to provide a program to 30 percent of the children not currently served by Head Start or Title I funds · Funds are appropriated as direct aid to localities under the Department of Education's budget · In FY laQ7 $+..+- · .... --_-_~, .;-..~ ,u,,u= ~jrew [o al~out $14.9 million in =uppor[ oT trte costs of serving up to 60 percent' of unserved children - 78 Costs to Fund Up to 100% Participation in the Pre-School Initiative · An original goal of the State program was to move to funding for up to 100 percent of Children m However, for cost reasons, the percentage has remained at 60 percent since FY 1997 · The increased cost to both update the per. p~i~pil amounts and provide the program for up to 100 percent of unserved children would be an estimated $23.3 million in FY 2003 and $24.5 million in FY 2004 (the increase above the State's planned allocation level in FY 2002 of $23.5 million) 8O Costs for State Funding of Pre-Existing Local Pre-School Programs 81 [] The initial focus of the pre-school initiative has been to make the program available to children previously unserved [] More than 50 school divisions cannot fully access the program because they had pre-existing programs for which they chose to use their federal Title I funds [] These divisions make the equity argument that they are purposes, as divisions who are just starting pre-school programs and getting initiative funds can Added State Costs for Tier Two Options, 2002 to 2004 Biennium [] Added State cost beyond Tier One, in each fiscal year: Millions Millions FY 2003 FY 2004 $110 $114 $80 $83 $!73 to $283 $179 to $293 $4 to $41 $5 to $42 '. Prevailing elementary resource teachers · Secondary class size of 25 to one with planning period · Enhanced instructional staffing · Added costs for pre-school program 83 Recommendations Recommendation. The General Assembly may wish to consider funding the Virginia Pre-School Initiative Program by using an updated per-pupil grant amount. · Recommendation. The General Assembly may wish to consider expanding the Virginia Pre-School Initiative Program to provide a State share of the grant amount for up to 100 percent of the "unserved" at-risk four-year-olds in localities eligible for the program. Hecommenclation. The General AsSembly may wish to consider funding a State share of pre-school programs in the school divisions that established their programs prior to the start of the State's Pre-School Initiative Program, enabling those divisions to use Federal Title I and other funds for other programs, as currently participating school divisions can. Presentation Outline [] Introduction and Summary of Findings [] Background [] SOQ Requirements and the Funding of SOQ Costs (Tier One) I~ Funding OPtions to Enhance State Support for Education · Tier Two: Instructional Positions and Pre-School q~ier Three: Debt Service and Enhanced Teacher Salaries [] Framework for Determining State and Local Cost Responsibilities 82 84 Overview of Tier Three · Tier Three addresses options for enhanced State support for capital purposes, and for teacher salary levels · For capital costs, an appr. oach using prevailing debt service costs per-pupil Was considered, as well as an approach using building life-cycle costs · For teacher salaries, several options were considered to go beyond Tier One costs, but all have some limitations · The report recommends that the Governor and the General . - .... · ....... -, ,,,,,,, ~ ~asK force to consider the future clirection that the State and localities may wish to take regarding teacher salaries and setting teacher salary goals Extent of State Participation in Costs for Local School Buildings Is a Policy Choice · .Ove.r the yea. rs, the State's primary role in providing support nas t)een in lowering the financing costs incurred by local governments · This has been done through Iow-interest loans · The State began funding a school construction program in 1998, and also requires that at least half of the lottery fund proceeds provided to localities since 1998 be used for "non- recurring expenditures" · In FY 2000, this resulted in approximately $116 million in State funding for facility costs, or about 22 percent of the debt service costs incUrred bY localities in that Year -85 87 Debt Service Costs · In addition to operating expenditures, most divisions mak expenditures to finance n~w school I~ ....... e ~ U,olngs or renovate and restore existing buildings · These costs are reported as facility costs, in the years in which~ the payments are made to the contractors performing the work · To extent the payments are made using loan funds, the loan ~_payments ....... that are made each year as'the locality ri d as oebt service expenditures · In FY 2000, school divisions expended about $532 million on debt service (payments for principal and interest that service the debt of the school divisions) One Cost Approach: Useful Life of the Building · During 2001, the Virginia Consortium for Adequate Resources for Education (Virginia CAREs), an education advocacy group, developed recommendations for supporting education, including a building life cycle approach for facility funding · JLARC staff considered the general approach and developed some costs estimates which assumed a 2§-year, 37.5-year, and 50-year life cycle for facility costs Another Cost Approach 89 Estimated Cost Impact to State If a Prevailing Per-Pupil Debt Service Cost Had Been Funded in FY 2000 · JLARC staff also considered the use of prevailing )il Percent of Facility Funding on expenditures Total Cost to Be Total Cost to Providedstate GeneralbY the NetcostAdditionalto the Pa d by the State, FY 2000 State, FY 2000 the current State Fund, FY 2000 - ~e to the cost life cYCle 50% $221,377,673 $107,000,000 $114,377,673 ?roach has at , nnnrnach: ii divisions )out what life-cycle I 33% $147,584,968 107,000,000 $40,584,968 debt service costs · Based on the prevailing cost for school divisior in FY 2000, the cost resulting from the use of prevailing practice of school divisions is resulting from the assumption of a 37.5 year life · The prevailing per-pupil debt service cost ap lea~t .~¢:0 potential benefits over the !ife-c~fcle · it is responsive to the costs incurred by school · it does not depend on a subjective deciSion a length "should" be assumed 9O Funding Teacher Salaries 91 · The base (or floor) for teacher salaries used by the State in calculating SOQ costs is a "linear weighted average" of school division actual costs · Use of the measure stemmed from the JLARC staff SOQ cost methodology in the mid-1980s The linear weighted average is a reflection of the salary level that is prevailing, or typical, among school divisions, in the State The linear weighted average is a lesser figure than the average salary across all teachers, and is sometimes criticized for this reason State Uses Actual School Division Costs to Define Prevailing Costs 92 · School divisions are required to meet the requirements of the SOQ · School divisions are the units which receive funding from the State · SOQ costs are to be met in all school divisions · A 1973 Attorney General opinion indicated that a minimum teacher salary scale in effect at that time, which was exceeded by every school division, did not reflect current educational practices, and indicated that the General Assembly should take into account the practices of school divisions Statewide Average Salary Exceeds Salary of Most Divisions Each circle shows where one Virginia school division falls on the i salary range. Avera.qe Elementary Teacher Salary ($Thousands) 93 COMBINED TEACHER SALARIES " 73-Divisions Pay Below the Linear f Weighted Average ($35,298) j- ACCOMA-~-~---K KING GEORGE / ALLEGHANY H. KING WILLIAM ~ AMELIA LANCASTER ~ AMHERST LEE ' APPOMATTOX LOUISA BEDFGRD LUNENBURG BLAND LYNCHBURG BRUNSWICK MADISON BUCHANAN MARTINSVILLE BUCKINGHAM MATHEWS CAMPBELL MECKLENBURG CAROLINE MIDDLESEX CARROLL MONTGOMERY CHARLES CITY CO NELSON CHARLOTTE NEW KENT COLONIAL BEACH NEWPORT NEWS CRAIG NORTHAMPTON CULPEPER NOTTOWAY CUMBERLAND PAGE DICKENSON PATRICK DINWIDDIE PETERSBURG FLOYD PITTSYLVANIA FLUVANNA POWHATAN FRANKLIN CO PRINCE EDWARD GALAX RAPPAHANNOCK GILES .ri!cf IMOND CO GLOUCESTER ROCKBRIDGE GRAYSON ROCKINGHAM GREENE RUSSELL GREENSVILLE SHENANDOAH HALIFAX HAMPTON HARRISONBURG HENRY HIGHLAND KING AND QUEEN 87 Divisions Pay Above the LWA But Below the State Average ($38,744) ALBEMARLE AUGUSTA BATH BOTETOURT BRISTOL BUENA VISTA CHARLOTTESVILLE CHESAPEAKE CHESTERFIELD CLARKE DANVILLE ESSEX FRANKLIN CITY FREDERICK GOOCHLAND HANOVER HOPEWELL ISLE OF WIGHT MANASSAS PARK NORFOLK NORTHUMBERLAND NORTON POQUOSON PORTSMOUTH PRINCE GEORGE laULA~KI SCOTT SMYTH SPOTSYLVANIA STAFFORD SOUTHAMPTON SURRY STAUNTON SUSSEX SUFFOLK TAZEWELL WARREN I WAYNESBORO WASHINGTON WEST POINT WESTMORELAND WISE WYTHE YORK 13 Divisions Pay Above the State Average But Below the National COVINGTON FAUQUIER FREDERICKSBURG HENRICO MANASSAS ORANGE RADFORD RICHMOND CITY ROANOKE ROANOKE CITY VIRGINIA BEACH WlLLIAMSBURGJCC WINCHESTER 8 Divisions Pay Above the ALEXANDRIA ARLINGTON COLONIAL HEIGHTS FAIRFAX FALLS CHURCH LOUDOUN PRINCE WILLIAM SAL[~I Key Points Regarding the Linear Weighted Average · The linear weighted average: · is not a proxy measure for the statewide average · is an estimate of the central tendency of the school division data .- typically it is above the median and below the mean · takes into account the actual costs of school divisions · produces a single estimate with a reasonable relationship to actual division costs m changes over time in response to the costs incurred by school divisions, particularly moderate.cost divisions 95 Use of the Linear Weighted Average or the Statewide Average in SOQ Funding · The linear weighted average is used in SOQ cost calculations to set a salary floor upon which all school divisions are funded, even if they actually pay a lesser salary: · recognizes State's responsibility for a prevailing cost · funding less than the prevailing cost, particularly for divisions with Iow local ability to pay, would rais~ some funding equity / disparity concerns · Use of a higher salary figure to set the floor .. such as the statewide average -- would increase State costs, but would also increase required local expenditures · With a majority of school divisions paying less than the linear weighted average, the use of the linear weighted average measure for its intended purpose -- to set a minimum unit costflo°r for all .. doeS n~t appear to be too restrictive -96 Concerns About the State's Cost-of-Competing. Adjustment 97 · The State currently adjusts the linear weighted average salary to take into account cost of competing differences in Northern Virginia, as it does for State employees = Concerns are sometimes raised that this differential enables those localities to pay higher salaries, or is a bonus~to some wealthy localities School Division Competitive Difficulties 99 · Recently, there have been concerns about a teacher shortage · While the most recently available data do not indicate that positions are going unfilled to a great extent, there are some indicators that divisions are experiencing difficulties: · ten school divisions report that 40 percent or more of their special education teachers in 1999-2000 were provisionally-licensed · five school divisions reportedthat over 24 percent of their total teaching force was provisionally-licensed · over one-third of divisions reported an average of three or fewer applicants per teaching position for the 2000-2001 school year that either held or were eligible for a teaching license · there is some evidence that factors associated with difficulties in attracting or retaining staff may include lower relative salary levels~ the prol3ortion of minority students, proximity to Northern Virginia, and high local costs of living / housing Arguments in Support of the COst-of,Com petin g Adjustment 98 · Concerns about this adjustment do not account for the following factors: · the'reality of the regional labor market in that area · the fact that higher salaries already were, and had to be, paid in that region of the State, prior to the adjustment · the cost of competing was adopted at the same time as other changes which negatively impacted most Northern Virginia localities, particularly the equalizing of almost all accounts · localities receive cost of competing funds based on ability to pay, so nlgn composl[e inoex iocail[les S[lli pay Tor mos[ oT me cost · HoWever, this does not mean that other localities do not also experience competitive difficulties Teacher Salary Options 100 · Recognize salary up to statewide average whe~e offered · Adjust statewide average salary based on survey of comparable positions · Strive to achieve parity with the natiOnal average salary · Governor and General Assembly may wish to form a task force on teacher salaries, to address State and local goals for teacher salaries Virginia Average Teacher Salary Standing Compared to Other Southeastern Jurisdictions 101 Percent Change FY 1990 Salary ~ {FY 1990 to 2000~ $38,402 Washington $48,304 Washington D.C. -~ 53.3 % West Virginia $36,601 Maryland $43,720 Maryland + 47.0 % Georgia $31,319 United States $41,820 United States + 41.3 % North Carolina ,~30,938 Virqinia $41,122 Georgia + 37.9 % Kentucky $28,803 Florida $39,404 North Carolina + 34.3 % Tennessee $27,966 Georgia $38~744 Virqinia + 33.5 % United States $27,883 North Carolina $36,722 Florida + 32.6 % South Carolina $27,217 South Carolina $36,328 'Tennessee + 27.5 % Florida $27,052 Tennessee $36,255 ~Kentucky + 25.8 % Washington D.C. $26.292 K~nt.c~~ --e~=~,0~*, ,~O'~-, C~fuiina .+. :zb.2 % Virqinia $22,842 West Virginia $35,011 West Virginia + 19.5 % Maryland Estimated Cost to Achieve the National Average Teacher Salary by FY 2006 · The estimated State and local cost to move the statewide average salary to the national average by FY 2006 would entail an expenditure of aboUt $789 million in FY 2006 beyond FY 2002 levels ~ · Based on past salary increaSes, school division sa laries may increase by about $430 million by FY 2006 anyway, unlesS fiscal conditions remain difficult, leaving an added cost burden of about $359.5 million per year · HOwever, the State does' not now pay the statewide average salary, so the cost for the State m~y need to figure in the cost between the linear weighted average salary and the statewide average salary 103 Virginia's Average Per-Teacher Salary Expenditures Compared to National Average Teacher Salary ---:---- 102 $45,000 __ $30 e4-ss es.e6 86.e? 87.88 ce-e9 89.90 99.91 91.92 92-93 93-94 94.96 95.96 9~97 97-98 98.99 99-00 School Year Tier Three RecommendationS 104 · Recommendation. The General Assembly may wish to continue the approach of minimizing the extent to which Li{erary Funds are used for non-construction purp~3ses. In addition, the General Assembly may wish to consider ending the practice of transferring funds from the Literary Fund to the General Fund for the School Construction Grants Program · Recommendation. The Governor and the General Assembly may wish tdcreate a Task Force to examine the issue of an appropriate teaCher salary goal for the Commonwealth of Virginia, to assist in determinino whett~r and how much of a salary increase should be provided in th~ future, beyond thosesufficient to fund anticipated prevailing school division salaries · Recommendation. The General Assembly may wish to consider establishing, in future Appropriation Acts, the teache~ salary goal that it wishes for the State to pursue, beyond keeping salaries current with the prevailing salary levels that can be anticipated in the years to be funded Tier Three Costs Presentation Outline 105 Estimated additional State costs* during the 2002-2004 biennium (two-year costs) Millions · Up to 50 percent State share of prevailing debt service costs up to $291 · Range in added costs forteacher_ salaries to go beyond tier one (upper bound is movement to national average salary by FY 2006) $87 to $394 · State costs shown for the biennium are above and beyond the Tier One cost. National average salary cost estimate provides State funding increases to move from the linear weighted average to the national average salary as the basis of State costs. State Framework for State and Local Shares of Costs Appears Appropriate [] Constitution provides General Assembly with responsibility for determining State and local shares of costs for the SOQ [] State's focus has been on SOQ costs, and paying a higher share for those costs. This appears appropriate [] Localities are expected to provide required local expenditures [] Primary issues appear to concern sufficiency of the SOQ, and adequacy of State funding 107 [] Introduction and Summary of Findings [] Background [] SOQ Requirements and the Funding of SOQ Costs (Tier One) [] Funding Options to Enhance State Support for Education (Tiers Two and Three) ~Framework for Determining State and Local Cost Responsibilities State Policy Choice Has Been to Pay 55 Percent of Shared SOQ Costs There is a misperception that the State has a commitment to fund 55 percent of actual costs, interpreted as school division expenditures The State's policy has been to pay 55 percent of shared-SOQ coSts (after the deduction of sales tax) State policy to pay 55 percent of shared SOQ costs resulted from changes to pay more State accounts using a local ability to pay measure ApproPriation Acts for FY 1989 to FY 1993 indicated the State's intent to fund 55 percent of shared SOQ costs, after deduction of the sales tax The current composite index reflects this 55 percent share 106 -108 ompos te Index Is State's Measure of Local Ability to Pay ' - -- 109 ADM Component .R / [- Local~MTrueValues_ /-1 + 4 l-l-LOc. IAGIADM/'] _Local Taxable RetaiISaIe~ '~'J'l'otalStatewideTrueValues] '--/TotaiS,atew,~e^.,/+ 1 ' Loca, ADS J · Total StatewideTaxable RetailSales J L -- St~ J L- Statewide A[~M - J Statewide ADM -- Population Component r- Local True Values '] J- Local AGI _ -J F Local Tax·bi ~/. Local Population _ [ _ ~l / Local Po"ulation / ., .ocal. l ax,_ble Retail Sales '" 1T°'ao'~????~?ue~ / ~-' '+/T. ot~, State.~,~e ^~ / +' 1 I", Tn,~, ..,~,.~,,°,?;~.°."..~'2°~n_ ...... ............. ~.u,.uun j L Statewide Population_J L S~-;,;;;;;~'-:-~'~.' '.." e I"OpUlatlon Local Composite Index ( (.6667 X ADM Component ) + (.3333 X Population Component) ) X 0.45 Population Density Adjustment to the Composite Index [] Addresses concept of "municipal overburden" [] Argument has been that concentrations of people in small areas contributes to a greater need ~o provide various services [] As localities with population densities provide services to meet these needs, they have a diminished ability to pay for education Statistical analysis for this study indicated that after controlling for strength of local tax bases, localities with high population densities do expend more on services such as public safety and human resources [] An adjustment to the composite index was developed as a policy option to address this concern !11 Adjustments to Composite Index Considered · PopulatiOn density · Update weights given to the tax bases · Combined use of median and average AGI for localities with skewed income distributions Other Adjustments Discussed in the Report · Update weights given to the tax bases in the ~index · The weight given to the tax bases in the composite index are based on locality reliance on these bases in the !970s · Local reliance on the tax bases has since changed · real estate from 50 percent to 44 percent · sales tax from 12 percent to 8 percent · other local taxes from 38 percent to 48 percent · Adjust index for localities with skewed income levels · Some localities have a few taxpayers with high incomes · An adjustment could be made to take into account both average and median adjusted gross income for such localities 110 112 AR L. onger-Term Issue: Impact.of Car Tax e mbursements on Local Ability to Pa : · Measures of local ability to pay assume the amount of funds that can be locally obtained is proportional to the local tax effort exerted [] Extent to which localities obtain car tax funds depends on their local effort from tax year 1997 [] Two localities with equal ability to pay may have differing tax policies in place in 1997: (1) one locality may have chosen to heavily use this tax, while (2} another similar locality may not have [] The composite index assumes that localities with equal income levels and equal effort can obtain equal revenue i ne anmty to pay issue is that for an equal local of current tax effort (none), the first locality obtains substantial funds from the State, but the second locality does not In short term, inadequate data are available to adjust the composite index for this issue, but in the longer term, the issue needs consideration Recommendations Recommendation. The General Assemblymay wish to ensure that the great majority of State funding for education continues to be distributed using a local ability to pay measure to determine State and local shams of public education funding Recommendation. The General Assembly may wish to consider adjusting the current composite index to: (1) provide for a population density adjustment, (2) update the relative weights that are given to the real property, sales tax, a nd other revenue components, and (3) use a composite index that takes median adiusted gross income into account for localities with skewed income distributions, in addition, if the State continues to pay the local personal property tax, the General Assembly may wish to consider in the future how the composite index could be improved to better address this aspect of local ability to pay 115 State Costs for Ability-to-Pay Options · The population density adjustment'and the adjustment for skewed income levels both are used to adjust local shares downward for localities to which they apply · Other localities are not penalized by having higher indexes, as a result · The State share goes up, however. State costs for the adjustments in the report for the costs of meeting the SOQ would be about $35 million per year Illustrative Funding Options · Illustrative funding options are discussed in Chapter VI of the JLARC report · There is an option to fund all of the components contained in Tier One. Additional options provide for various assumptions from Tiers Two and Three as discussed in this briefing package · An appendix to the report provides preliminary stateside summary sheets with total State and Io~al impacts of the funding options · Statewide summary sheets and estimated locality-by- locality impacts will be available from the JLARC web site and upon request 114 116 AGENDA TITLE: Police Department Citizen SUBJECT/PROPOSAL/RE(; Approve and establish Committee STAFF CONTACT(S): Messrs. Tucker, Davis, Foley BACKGROUND: The County Executive and the ~ the police department operatic any identified public concerns. advisory committees necessar~ COUNTY OF ALBEMARLE EXECUTIVE SUMMARY Jvisory Committee UEST: Citizen Advisory AGENDA DATE: December 5, 2001 ITEM NUMBER: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Draft bylaws for advisory committee REVIEWED BY: .~~'"""""'~ Miller Advisory Committee (PDCAC) procedures, practices, budgets, of Supervisors, County Executi~ input and recommendations to by the Board of Supervisors ar between the PDCAC and the E Police in regard to it are set foal The PDCAC would be a public I: public. It is not authorized unde~ such as records related to one specific personnel matters. The~ of records deemed necessary t( It is envisioned that the PDCAC ~ of the PDCAC would be to priori1 resources will be necessary for RECOMMENDATION: Staff recommends that the B~ ? ;hief of Police have discussed with Board members their desire to enhance is by seeking citizen review of police policies and procedures to address The State Code authorizes local governing bodies to establish citizen to address any matter of concern to a locality. The purpose of the citizen advisory committee would be t() provide for an in dependent citizen review of policy issues and to further promote the community policing philosophy of the County in a way which advances shared responsibility and interdependence betweenllhe community and the police department. DISCUSSION: / ~ . ~ ~~xecutive and thelChief of Police proposed the creation of the Police Department Citizen . The duties of the PDCAC would be to review policies, programs, and staffing priorities of the police department upon a request by the Board 'e, or Chief of Police, or in response to a citizen complaint and to provide :he Chief of Police. It would consist of three citizen members appointed d an ex-officio member of the Board of Supervisors acting as a liaison oard. The duties of the PDCAC and the responsibilities of the Chief of h in the attached draft bylaws. ody with all meetings and documents of the committee being open to the · state law to possess or review records which are to remain confidential oing criminal investigations, internal administrative investigations, and ;fore, its policy reviews will be limited to those matters not requiring review remain confidential. /ould be appointed and begin its work early next year. The initial meeting ize its agenda and work plan with the Chief of Police and determine what to function effectively. rd approve the creation of the Police Department Citizens Advisory Committee and its proposed E ylaws and direct the Clerk to advertise to determine those persons interested in serving on the committee. 01.221 ACTION: X INFORMATION: POLICE DEPAR PURPOSE - To prov procedures, budget dc Police Department in enforcement services County in a way whic] between the communi I. Duties of the PI Upon request by Police, or in rest following reviev · Review of A procedures a traffic enfor¢ interview pr( · Review of A · Review of A, · Review of th. II. Responsibilities · The Chief of appropriate i~ · The Chief of respond to th~ recommendal III. Composition of · The Board of PDCAC. Thc educational b~ · ABoardofS~ member of th~ Board of Sup~ DRAFT: 11-26-01 BYLAWS ?MENT CITIZENS ADVISORY COMMITTEE (PDCAC) de for independent review by a citizen committee of policies, cisions and staffing allocations of the Albemarle County )rder to improve efficiency and effectiveness of local law tnd to promote the community policing philosophy of the advances shared responsibility and interdependence :y and the Police Department. )CAC the Board of Supervisors, the County Executive, or the Chief of ~onse to a citizen complaint, the PDCAC shall undertake the rs and provide recommendations to the Chief of Police: lbemarle County Police Department (ACPD) policies, programs, ad practices. (i.e., community policing, crime fighting initiatives, ement, monitoring of police vehicle videos, interrogation and cedures, etc...) 2PD Rules and Regulations and General Orders. 2PD budget and funding priorities. level of staffing of the ACPD and how staffing is allocated. }f the Chief of Police Police will ensure ACPD cooperation with the PDCAC in ail tquires and studies. Police will review the recommendations of the PDCAC and will PDCAC, verbally or in writing, to address the ACPD's ons. :he PDCAC Supervisors shall appoint three (3) citizen members to the ~.y shall be selected on the basis of their professional experience, ~ckground, and history of community service. tpervisors member will serve as an ex-officio, non-voting ,~ PDCAC and serve as liaison between the PDCAC and the ~rvisors. IV. · Each citize~ their date ot consecutive PDCAC Chair · A Chairper~, serve a term more than tx · Ifa Chairpe County Exe, · The Chairp{ 1. Scheduli 2. Appropr 3. Assignil~ Removal of a P · A PDCAC n Board of Sul nonfeasance. PDCAC or and respons DRAFT: 11-26-01 member will serve a term of two (2) years commencing from appointment, and may serve for a maximum of three (3) terms. ~erson m will be selected by a vote of the members of the PDCAC to of one (1) year. A Chairperson may not serve in that capacity for to (2) consecutive years. · son cannot be elected by a vote of the PDCAC members, the :utive will select the Chairperson from the sitting members. rson will be responsible for: ng committee meetings. .ate record keeping of committee activities. g and coordinating PDCAC duties as defined in this document. )CAC Member During Term ~ember may be removed from the committee for cause by the ~ervisors upon a determination that the member has committed misfeasance, or malfeasance in performing the duties of the otherwise unqualified to continue to exercise the assigned duties )ilities. 2 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Funding Request- Midnight Rat SUBJECT/PROPOSAL/REQUI Supplemental information on the request for the "Midnight Ramble STAFF CONTACT(S): Tucker, White BACKGROUND: On February 7-9, 2002, the Chadotl Communications Associates, will b showcase black life during the era age. Ossie Davis, Ruby Dee and billed as the first of its kind on the will be shown at local facilities, sL Auditorium at PVCC and the Count off event will be held in the Omni b a scholarship fund for Virginia hi! Communications Associates, has At the November 7th meeting, the Specific information was requested for ongoing event and funding sup[ DISCUSSION: nble Festival November 7th funding festival. AGENDA DATE: December 5, 2001 ACTION: X CONSENT AGENDA: CTION: ATTACHMENTS: REVIEWED BY: and a Saturday night dinner dance events at $150 each, which will grc will be set aside to provide a four-yE for the four year period will not be dE will be chosen prior to the Festival ITEM NUMBER: INFORMATION: INFORMATION: Yes 1-30-01 At1:12 IN Without the revenue breakdown, it covered, although film ticket sales, assumed to make up the remainder $900. To encourage attendance at s not clear how the remaining expenses of approximately $180,000 will be Jonations, advertising revenues and the County and City contributions are of the needed funds. The Tourism Council has also agreed to contribute the films, each film venue will be associated with a non-profit organization, .t the Doubletree Hotel. They anticipate selling 1,075 tickets to these three ~s $161,250 and net approximately $37,000 after expenses. These funds ar scholarship to four selected students. Therefore, scholarship continuity pendent on the success of the next year event. The scholarship recipients ~nd will be announced at one of the special functions. 1) The proposed budget (attache() for the festival is $343,387, which includes the costs of printing and advertising, equipment and building rentals, celebrities, transportation and lodging and other miscellaneous expenses. Th~ proposed budget al~l~o includes $30,000 for four 4-year scholarships at $2,000 per student per year (budget attachment states $3c1~,000, but actual cost would be $32,000). I. Creative Communications was not able to provide a full breakdown of the projected revenues for the event, but did indicate in discussion that sch(,larship funds would be raised solely through ticket sales for three main events, a Thursday night opening .~ception and ball at the Omni, a Friday night dinner dance at Alumni Hall oard requested additional information prior to making a funding decision. on 1) the total budget, both proposed revenues and expenditures; 2) plans ,ort; 3) list of advisory committee members. esville/AIbemade Tribune news paper and its 501 (c)(3) corporation, Creative '~ng a vintage African-American film festival to the community. The films will of 1900 - 1950 and many of the black directors, actors and writers of that -larry Belefonte are scheduled to be guests for the event and the festival, --ast Coast, is being marketed from Pennsylvania to North Carolina. Films ,~h as Vinegar Hill, the Charlottesville Performing Arts Center, Dickinson t Office Building. Exhibits will also be shown at various venues and a kick- allroom on February 7% Proceeds from the event will be used to support ;Ih school and college students. The non-profit organization, Creative aquested a $5,000 contribution from the county. AGENDA TITLE: Funding Request- Midnight Ram December 5, 2001 Page 2 who will receive a small percenta¢ various film venues are the Mar~ Piedmont Council of the Arts, an¢ 2) Plans are for the Midnight Ran mixture of evening celebrity events Communications intends to take tt i.e. Atlanta, Greensboro and Ch~ approximately $30,000 for scholar~ that the festival hopes to be self-s 3) A list of Advisory Board membe stud ent's applications and essays, also be responsible for reviewing es the criteria of maintaining a B or b( RECOMMENDATION: There are several options that th( 1) Fund the total request for $5,0 be from Albemarle County. Thi., money for a $5,000 investment 2) Fund $600 from the Tourism F~ festival days, for a total contri Council. 3) Waive County Office Building re of the Festival has been ascert. Due to thelack of complete informa' will be met and how County funding time. 01.229 31e Festival e of the ticket receipts. Non-profit organizations identified to date with the Williams Senior Center, Peabody School, Region ×, Delta Sigma Theta, the Paramount Theater. lble Festival to be held in Charlottesville every other year with the same and film showings at different venues in the area. In the off-years, Creative ~e show on the read to other cities in the southeastern part of the country, ~rlotte, etc. These off-year traveling events are also intended to raise ;hips for Virginia students. Festival spokesperson, Agnes White, indicated ~fficient in the future and not dependent on on-going County funds. s is attached. The role of the Advisory Board will be to, not only review the but to personally interview and select the scholarship candidates. They will ch student's grades on an annual basis to ensure that they continue to meet ~tter average. Board may wish to consider in providing one-time funds for the Festival: ~0 from Tounsm revenues and require that at least one scholarship recipient would insure that one Albemarle student would receive $8,000 in scholarship nd and waive the County Office Building rental fees ($276.00) for the three bution of approximately $900 which matches the grant from the Tourism ntal fees as a contribution, but do not allocate tourism revenues until viability ~ined. on on projected revenues for this event, it is unclear to staff how expenditures will be used. For this reason, staff recommends either option #2 or #3 at this Mid The following are estimated co: and cost provided by potential v Printing Program- 19, ,50.00 Invitations------3, 21,00 Commemoratlvo-I 4, 50.00 Book Miscellaneous .... 2, I00.00 Movie Parchase ......... 2, 41 [.00 Equipment Rental ...... I9, 61::.00 Talent Ossie Davia/Ruby Dec-25. 000.00 Harry Belafonte~ ........ 22. 000.00 Herb Jcffries ..........12, 000.00 Advertising Prim -! 3. 250,00 Radio-- .................... 10, 620.00 Galas (5) ........... ~5, 951.00 Scholarships ................... t0, 000.00 Technical Crew ............... 33,750.00 Building Rentals --9, 550.00 Maimenance--- ............. -2, 500.00 Security- ...................... -5, 000.00 PR Director .................... ]4, 000.00 V. Jo.v-ce Accoumlng/iegal serv[~ es-7, 200.00 Exhibit .................. 4, 200.00 Volunteer uniforms ............... 1,589.00 Videographyo Aceommodations. Transportation. Total Prices have been rounded offto ff 501 e designation. Projected Budget night Ramble,February, 7,9, 2,0,02 : fo~r goods and services required for Midnight Ramble Evenl. They are based on t~es tudors. · -1,200.00 --5, 500.00 ,-4, I00.00 ---3, 330.00 ................... $343,387 e nearest number. Some cost are not represented because they will not fall under the TO 9~ AON 1. Jim Haden-Ms -2. Jim Kenan-Un 3. Teresa Dowell 4. Mallie Haynes 5. Raehelle Small 6. Maurice Cox- t 7. Cynthia Willial 8. Fred Scott- but 9. Mary Jane Kin 10. EIva Holland-~ 11. Lee Catlin-AIb 12. Richard Horo~ 13. Chris Wimer=~ 14. Peppy Linden. Advisory Committee Midnight Ramble February 7-9, 2001 rtha Jefferson Hospital ~versity of Virginia Vest- Virginia Foundation for the Humanities RN/owner Bainbridge Adult Care Home ~-Toney-City of Charlottesville '.it~ councilor ns=First Virginia inessmen/Bundoran Farms g- Piedmont Virginia College ,ttorney ~marle County 'itz- UVA film Festwal AARC )iscovery Museum I0 9~ CI I MOVE TH. SESSION PUR~ THE CODE OF · UNDER APPOIN1 COMMIS UNDER ACQUISI FACILITE December 5, 2001 .OSED SESSION MOTION AT THE BOARD GO INTO CLOSED ;UANT TO SECTION 2.2-3711 (A) OF FIRGINIA ;UBSECTION (1) TO CONSIDER 'MENTS TO BOARDS AND SIONS; and ,~;UBSECTION (3) TO CONSIDER THE ]'ION OF PROPERTY FOR PUBLIC ?o; MembersI ~oard of Supervisors~l/lI Sub|e~t: Reading Lis for December 5, 200 ! Oate: Novembe? !q, 2001 September 9, 200! September 27(A), 20, October I O, 2001: October 17A, 200 ! i October 17N, 200!Ii November 4,20~! /ewc )1 Mr, Dorrier Ms. Thomas Mr. MartJn Mr. Perldns Mr. Bowerman Ms. Humphris COUNTY OF ALBEMARLE MEMORANDUM TO: Members of FROM: Laurie BentlE Senior Depu~ DATE: November RE: Vacancies on le Board o~rvisors y, C.M.C. Clerk 2001 3oards and Commissions I have updated the li.~ l of vacancies on boards and commissions through March 31, 2002. To be of further assistance, ! have a [tached copies of applications you have previously received for these vacancies (no new applicatior s have been received). In addition; please note that {hers are no_ interviews scheduled for DecEmber 5. Thank you. Cc: Bob Tucker Larry Davis Chamber of Commerce ist only) I DISTRICT IF WISH TO BE MAGISTERIAL NEW TERM RE- APPOINTMENT BOARD OR COMMISSION MEMBER TERM EXPIRES EXPIRES APPOINTED? t application (Perkins)sent on 2/2/01. Daniel Montgomery i2113/00 12/13/02 No Readvertised; rec'd no new applic, ations. 1 application (Davidson) sent on James B. Murray, Jr. 1/19/04 Resigned Scottsville 9/28/01. (replacement to complete his term) (Advertised; applications due James R. Skove 1t19/03 Resigned Jack Jouett 1/2/02.) (Replacement to complete his term) . 1/19/02 1/19/06 Yes Rivanna Dr. Ellora Young (Have not instructed Clerk to Albert O, Humbertson, Jr. 12/31/01 Resigned White Hall advertise), (eplacement to complete (12/31/02 if (moved) his term and/or serve an appointed to additional term) serve add'l term) Yes Jack Jouett George R. Lade 12/31/01 ,12/31/02 C. Marshall Thompson ' 12/31/01 12/31/02 Yes Rio W. Ivar Mawyar 12/31/01 12131/02 ? (left 2 msgs) Samuel Miller 12131101 12/31/02 No Rivanna Tracy Corea I application (Nielsen) sent on Jeff Bialy (Joint (12/31/01) 12/31/03 Resigned 9t28/01. City/County appointee) -- 2 applications (Gensic and (Replacement to complete LaSauce) sent on t 1/2/01, his term and fulfill AdveKised; no addition~ additional full term) applications received. BOARD (Advertised; applications due MEMBER Kathleen T. Cornett Kathleen Galvin C, Jared Loewenstein William D, Thomas ~ S. Rooker Martha S. G. Orton Elizabeth D. Mclvor Arthur B, Brown, Jr. 11/03/01 12/31/01 -12/31/01 12/31/01 t2/31/01 12/31/01 12/31/01 12/31/01 12/31/01 N~ TERM EXPIRES 11/03/03 12/31/03 12/31/05 12/31/05 12/31/05 12/31/05 12/31/05 WISH TO BE RE- APPOINTED? Yes Yes Yes DISTRICT iF MAGISTERIAL APPOINTMENT Samuel 'Miller Rio Jack Jouett Samuel Miller Jack Jouett Rio David P. Bowerman Rio Lindsay G. Dorrier, ,Jr. Scotts~e Charlotte Y. Humphris · Jack Jou~tt Mr. Elton J. Oliver 3073 Ellerslie Ln. Charlottesville, VA 22903 Dear Mr. Oliver: COUNTY OF ALBEMARI E Office of Board of Supervisors 401 Mclntire Road Charlottesville, Vtrginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Rivanna Walter E Perkins White Hail Sally H. Thomas Samuel Miller December 13, 2001 At the Board of Super sors meeting held on December 5, 2001, the Board appointed you to complete the balance of Mr. J;tmes B. Murray, Jr.'s term as the Scottsville Magisterial District representative on the Industri~d Development Authority. Your term will run from December 5, 2001 through January 19, 2004. I h~ave enclosed a roster for your convenience. · On behalf of the Boarfl,| I would like to take this opportunity to express the Board's appreciation for your willingness to serve the ;ounty in this capacity. Sincerely, Sally H. Thomas Chairman SHT/lab Enclosure cc: Commonwealth Atto Thomas A. McQueen ley ~y P~nted on recycled paper County of Albemarle Office of Boaxd of County Supervisors 401 Mclntire Road Charlottesville, VA 22902-4596 (804) 296-5843 APPLICATIO~I TO SERVE ON BOARD / COMMISSION / COMMI1TEE I (Please type ot print.) Applicant's Name Full Home Address Magisterial District in which your home Employer Business Address 7q/ Occupation/ tle Years Resident in Albemarle County Previous Residence Education (Deg~ ees .and Graduation. resid~ce is located Phone Date of Employment Spouse's Name Number of Children '' bershios in Fraternal Bn.~-ess Chumh and/or Social Groups ~b~ Ci~c and Chafi.ble Office and/or O~er Ac~fi~ or ~t~esm The i~ p~d&~is ~c~ion trill bJ~ed t/t~ ~b& ~ ~ue~. Si~e ~ Rein m: Cletg Board of Cou .~ Supe~sots PLEASE RESTRICT ANYA~ACHMENTS ~bem~le Co~ TO ONE PAGE ~1 McIn~e Road F~: (804y 296-580~ ELTON OLIV~ EDUCATION 1974 Bach~ Univm EMPLOYMENT June 197.4 - 1981 Comn Virgini Exami sound 1982 1983 Cresb Handl admit 1983,1985 Prest( Staff and = 1985 to Present JWK Busir Man~ Resp Histo liquk enga bree~ carrie ii3073 Elierslie Lane !i Charlottesville, Virginia 22902 Phone. (434) 979-9941 Emad. ejo45~aol.com lot Of Science Degree, Business Administration sity of Virginia emial Bank Examiner, Bureau of Financial Institutions, Richmond, a- ned state chartered banks for regulatory compliance, liquidity, asset ness, management quality and adequate capitalization. ,r Bank - Charlottesville, Virginia - Operations Officer ed wire transfers, private client matters and local accounUng ~istrafion ~n Morris & Company, CPAs Account - Prepared corporate, pmtnership and individual tax returns ssisted in financial audits and obtained CPA CerUficate. =roperUes, Inc. T/A Morven Farms- tess Manager until June of 1998 and then promoted to position of ~ging Director. )nsible for overall management of a private Estate operation with dc Landmarks, Historic Gardens, and an overall staff of 15. Until lafion dudng 2000 and 2001, responsible for 90 full time employees ~ing in purebred cattle raising, crop production, thoroughbred horse ling, care and maintenance of pdvate gardens, golf course, private ~ge museum and several commercial grade greenhouses. David P. Bowerman Lindsay G. Dottier, ,Jr. Scot~ville · Charlotte Y. Humphris Jack Joue~ Dr. EIIora Young 6775 VVildon Grove Rd. Gordonsville, VA 22942 Dear Dr. Young: At the Board of Super as the Rivanna Magisterial Di., to run from January 20, 2002 1 convenience. On behalf of the Boan your willingness to continue to SHT/lab Enclosure cc: Commonwealth Attorr Thomas McQueeney COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 229024596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Rivanna Walter E Perkins White Hall Sally H. Thomas Samuel Miller December 13, 2001 isors meeting held on December 5. 2001, you were reappointed to serve trict representative on the Industrial Development Authority, with said term hrough January 19, 2006. I have enclosed an updated roster for your I would like to take this opportunity to express the Board's appreciation for serve the County in this capacity. ~~ / Sincerely, Sally H. Thomas Chairman ey Printed on recpcled paper David R Bowerman Rio Lindsa~ G. Don'ier, Jr. Charlotte Y. Humphds Jack Joueti Mr. Thomas A. McQueeney 323 Wood Creek Dr. Charlottesville, VA 22911 Dear Mr. McQueeney: At the Board of Super as the Rio Magisterial District r from January 20, 2002 througt- convenience. On behalf of the Boarc your willingness to continue to SHT/lab Enclosure cc: Commonwealth Attorn COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX [804) 296-5800 Charles S. Martin Rivanna Walter E Perkins White Hall Sally H. Thomas Samuel Miller December 13, 2001 sors meeting held on December 5, 2001, you were reappointed to serve ~present'ative on the Industrial Develo pment Authority, with said term to run January 19, 2006. I have enclosed an updated roster for your , I would like to take this opportunity to express the Board's appreciation for serve the County in this capacity. Sincerely, Sally H. Thomas Chairman ;y Printed on recgcled paper D~vid R Bowcrman P~o Lindsay G. Dorder, ,Jr. · Charlotte Y. Humphfis Jack Jouett Mr. C. Marshall Thompson 3541 Loftsland Dr. Earlysville, VA 22936 Dear Mr. Thompson: At the Board of Supervi representative to the Board of E~ Duties of this Board are set out ir 3389. The duties are more spec~ In order in the basic course of instruction you will receive notice of a meeti COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 December 17, 2001 CSM/lab Enclosure cc: Bruce Woodzell Commonwealth's Attorr ey I have enclosed an upd Board, please call Mr. Woodzell "The Board sh~ dl hear and give consideration to such complaints and equalize such assessmE~nts and shall moreover, be charged with the especial duty of increasing as v lell 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 th,.~ burden of taxation shall rest equally upon on all citizens of such county or city. The (Director of Finance) of such county .. shall, when requested .... all the attention of the board to such inequalities in real estate assessments ]~ his county or city as may be known to him. Every board of equalization ~y go upon and inspect any real estate subject to equalization by it." / to be eligible fo' appointment, every prospective member of such board shall attend and participate given by the Department of Taxation under Section 58.1-206. In the near future, lg from Bruce Woodzell the Real Estate Assessor. ~ted roster for your convenience. If you have any questions about the duties of this ~t 296-5856. Sincerely, Sally H. Thomas Chairman Printed on recycled paper Charles S. Martin Rivanna Walter E Perkins White Hall Sally H. Thomas Samuel Miller ~rs meeting held on December 5, 2001, you were reappointed as the Rio District ualization, with term to run from January 1,2002 through December 31, 2002. the Code of Virginia, Chapter 32, Article 14, Sections 58.1-3370 through 58.1- fically set.out in Section 58.1-3379 and read as follows: David R Bowerraan. Pie Lindsay G. Dottier, ,Jr. · Charlotte Y. Humphris Jack Joueii Mr. William D. Rieley 2375 Taylor's Gap Rd. North Gap, VA 22959 Dear Mr. Rieley.~, / At the Board of Super the Samuel Miller Magisterial new term will run from Januar As you know, the Pla Office Building on Mclntire Ro. for their services, therefore, W All future correspondence will On behalf of the Boan your willingness to continue to SliT/lab Wayne Cilimberg Kimberly Suyes James L. Camblos Larry Davis COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Walter E Perkins Sally H. Thomas Samuel Miller December 17, 2001 /isors meeting held on December 5, 2001, the Board reappointed you as )istrict representative on the Albemarle County Planning Commission. Your 1; 2002 through December 31 2005. wing Commiss'ton meets every Tuesday night at 7:00 p.m. in the County ~d. Planning Commission members receive $4,100 a year as compensation -4 slips will have to be filled out and provided to the Personnel Department. be addressed to you directly from the Planning Department. I would like to take this opportunity to express the Board's appreciation for serve the County in this capacity. Sincerely, Sally Iq. Thomas Chairman Printed on recycled paper David R Bowerman ].Jndsay G. Dottier, Jr. Scottsville · Chaxlotte Y. Humphds Jack Jouett Mr. C. Jared Loewenstein 2431 Proffit Rd. Charlottesville, VA 22911-575 Dear Mr. Loewenst. '_~_ ~ At the Board of Super, the At-Large representative or January 1, 2002 through Dece As you know, the Plar Office Building on Mclntire Ro; for their services, therefore, W All future correspondence will On behalf of the Boar( your willingness to continue to SHT/lab cc: Wayne Cilimberg Kimberly Suyes James L Camblos Larry Davis COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX I804) 296-5800 December 17, 2001 ning Commission meets every Tuesday night at 7:00 p.m. in the County id. Planning Commission members receive $4,100 a year as corn pensation -4 slips will have to be filled out and provided to the Personnel Department. be addressed to you directly from the Planning Department. I, I would like to take this opportunity to express the Board's appreciation for serve the County in this capacity. Sincerely, Sally H. Thomas Chairman Printed on recycled paper Charles S. Martin Rivanna Walter E Perkins White Hall Sal¥ H. Thomas Samuel Miller ~isors meeting held on December 5, 2001, the Board reappointed you as the Albemarle County Planning Commission. Your new term will run from mber 31, 2003. David R Bowerman Rio Lindsay G. Dottier, Jr. Sco~sville Chm'totte Y. Humphfis Jac~ J~e~ Mr. Rodney H. Thomas 3411 Indian Springs Rd. Charlottesville, VA 22901 / Dear Mr. Thoma¢~'''// ' At the Board of Supen the Rio Magisterial District rep will run from January 1, 2002 t As you know, the Plar Office Building on Mclntire Ro; for their services, therefore, W All future correspondence will On behalf of the Boar( your willingness to continue to SHT/Iab Wayne Cilimberg Kimbedy Suyes James L. Cambtos Larry Davis CC: COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 December 17, 2001 ning Commission meets every Tuesday night at 7:00 p.m. in the County id. Planning Commission members receive $4,100 a year as compensation -4 slips will have to be filled out and provided to the Personnel Department. be addressed to you directly from the Planning Department. I would like to take this opportunity to express the Board's appreciation for ;erve the County in this capacity. Sincerely, Sally H. Thomas Chairman Printed on recycled paper Charles S. Martin Rivanna Walter E Perkins White Hall Sally H. Thomas Samuel Mill~ sots meeting held on December 5, 2001, the Board reappointed you as 'esentative on the Albemarle County Planning Commission. Your new term 3rough December 31, 2005. David R Bowerman Rio Lindsay G. Dorrier, Jr. scottsville Charlotte Y. Humphfis Jack Jouett Ms. Martha S. G. Orton 603 Big Oak Rd. Charlottesville, VA 22903 , Dear Ms. Orton/~ '/ At the Board of Super as the Samuel Miller Magisteri term to run from January 1, 2( convenience. On behalf of the Boar~ your willingness to continue tc SHT/lab Enclosure cc: Commonwealth Attor Kathy Ralston COUNTY OF Al .BEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 December 17, 2001 ey t, I would like to take this opportunity to express the Board's appreciation for serve the County in this capacity. Sincerely, Sally H. Thomas Chairman Printed on recpcled paper Charles S. Martin Ri,,~nna Walter E Perkins White H~ Sall~ H. Thomas Samud Mill~ /~sors meeting held on December 5, 2001, you were reappointed to serve al Distric[ representative on the Board of Social Services with your new 02 through December 31, 2005. I have enclosed an updated roster for your David P Bowerman Rio Lindsay G. Dorrier, Jr. Charlotte Y. Humphris Jack Jouett Mr. Arthur B. Brown, Jr. 540 Manor Rd. Earlysville, VA 22936 Dear Mr. Brown: At the Board of Supel as the Rio Magisterial District from January 1, 2002 through convenience. On behalf of the Boar, your willingness to continue tc SHT/lab Enclosure cc: Commonwealth Attorl Kathy Ralston COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 December 17, 2001 ley ~, I would like to take this opportunity to express the Board's appreciation for serve the County in this capacity. Sincerely, Sally H. Thomas Chairman Printed on recycled paper Charles S. Martin Walter E Perkins White Hall Sall~ H. Thomas Samuel M/ller /~sors meeting held on December 5, 2001, you were reappointed to serve 'epresentative on the Board of Social Services, with your new term to run December 31, 2005. I have enclosed an updated roster for your November 19, 2001 M. F Gibson. Jr Tremblay & Smith, LLP 105-109 East High :St Charlottesville~ VA 22902 RE: SP-2001-031 Orrock Dear Mr. Gibson: The Albemarle County Plann recommended approval of th approval is subject to the foll, -['he top of [he pole, above the top Of the Level (ASL). No antl above the top of the The facility shall be a. The metal trees; b. Guy wires si' c. No lighting si number nine d. The ground ~ the pole shal forth in the a' e. A g,rounding exceed one-i of the pole. f. Prior to issus Planning Del been used to g. Within one rr a s!atement 1 in f~et above h. The pole sha us~ permit w i. Th~ diamete~ inches at the COUNTY OF ALBEMARLE Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville. Virginia 22902-4596 (804) 296 - 5823 Fax 1804) 972 -4012 (nTelos): Tax Map 92, Parcel 5A ing Commission at its meeting on November 13, 2001, unanimously ,_. above-noted petition to the Board of Supervisors. Please note that this )wing conditions: ~s measured Above Sea Level (ASL), shall never exceed seven (7) feet :allest tree within twenty-five (25) feet of the facility as measured Above Sea ;nnas or equipment, with the exception of a grounding rod, shall be located ~ote. esigned, constructed and maintained as follows: le shall be painted a brown that is consistent with the color of the bark of the all not be permitted; lall be permitted on the site or on the pole, except as provided by condition (9) herein; ~quipment cabinets, antennas, concrete pad and all equipment attached to be dark brown in color and shall be no larger than the specifications set :ached plan entitled "Orrock (CV 327)"; 'od, whose height shall not exceed two feet and whose width shall not nch diameter at the base and tapering to a point may be installed at the top nce of a building permit, the applicant shall provide a statement to the ~artment by a registered surveyor certifying the height of the tree that has justify the height the monopole; onth after the completion of the pole installation, the applicant shall provide :) the Planning Department certifying the height of the pole, measured both ground level and in elevation above sea-level (ASL); II be no taller than the height described in condition number I of this special thout prior approval of an amendment to this special use permit: of the pole shal not exceed thirty (30) inches.at its base, and eighteen (18) top. Page 2 November 19, 2001 10. 11. 12. Equipment shall be attached to the pole only as follows: a. Antennas shall be limited to the sizes shown on the attached plan entitled "Orrock (CV 327)"; b. No satellite or microwave dishes shall be permitted on the moncpole; c. only flush mounted antennas shall be permitted. No antennas that project out from the pole beyond the minimum required by the support structure shall be permitted. However. in no case shall the antennas project out from the pole more than 12 inches. Prior to beginning construction or installation of the pole or the equipment cabinets, or installation of access for vehicles or utilities, a tree conservation plan, developed by a certified arborist, specifying tree protection methods and procedures, and identifying any existing trees to be removed on the site both inside and outside the access easement and lease area shall be submitted to the Director of Planning and Community Development for approval. All construction or installation associated with the pole and equipment pad. including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two hundred (200) feet of the pole and equipment pad. A special use permit amendment shall be required for any future tree removal within the two hundred-foot buffer, after the installation of the subject facility. The facility shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless telecommunications purposes is discontinued. The applicant, or any subsequent owners, shall submit a report to the zomng administrator by July 1 of each year. The report shall identify each user of the facility that is a wireless telecommunications provider. No slopes associated with construction of the pole and accessory uses shall be created that are steeper than 2:1 unless retaining walls, revetments, or other stabilization measures acceptable to the County Engineer are employed. Outdoor lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running though'the lowest part of the shield or shielding part of the luminaire. For the purposes of this condition, a lumina~re is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the 13ower supply. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted. No slopes associated with construction of the facility and accessory uses shall be created that are steeper than 2~1 unless retaining walls, revetments, or other stabilization measures acceptable to the county engineer are employed. The applicant shall submit a revised set of site drawings to.the Department of Planning and Community Development. Prior to the issuance of a building permit for co nstruction of the facility, Planning staff shall review the revised plans to ensure that all appropriate conditions of the special use permit have been addressed in the final revisions of the construction plans. Page 3 November 19. 2001 Please be advised that the public comment at their me application must be submitt, scheduled hearing date. If you should have any que., to contact me. Sincerely, Stephen Waller Planner SW/jcf Cc: Ella Carey Amelia McCulley Jack Kelsey Steve AIIshouse Ibemarle County Board of Supervisors will review this petition and receive :ting on Decem:~er 5, 2001. Any new or additional information regarding your ;d to the Clerk of the Board of Supervisors at least seven days prior to your tions or comments regarding the above noted action, please do not hesitate STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: STEPHEN WALLER NOVEMBER 13, 2001 DECEMBER 5, 2001 SP 01-031 ORROCK (NTELOS PCS) Applicant's Proposal: The applicants proposal is for the installation of a personal wireless service facility, which would include a self-supporting steel monopole, with a top elevation ten feet above the tallest tree within 25-feet, and a total height of 98 feet (Attachment A). The monopole would be equipped with two 1.5-foot by 6-foot, flush-mount panel antennas and a lightning rod at the top. Ground- based equipment would be contained within two metal cabinets six feet in height, on a 10-foot by 16-foot concrete pad. The property, described as Tax Map 92, Parcel 5, contains approximately 17.7 acres on the north side of State Route 53 (Attachment B). This site is zoned RA, Rural Areas and EC, Entrance Corridor in the Scottsvill~ District. The Comprehensive Plan designates this property as Rural Area 4. Petition: As part of a system that is intended to provide wireless service coverage throughout the area, the applicant, nTelos maintains several personal wireless facility sites in the County of Albemarle. In accordance with Section 10.2.2.6 of the Zoning Ordinance which allows for radio wave transmission and relay towers, this request is for a special use permit which would allow the construction of a personal wireless services facility. According to the applicant's request, this facility would assist nTelos with maintaining a wireless communications system that complies with the requirements of it's FCC license, by helping to increase wireless coverage along State Route 53, south of Monticello and eliminating the occurrence of a "gap" in the network. Planning and Zoning History: SP 01-077 Orrock (Triton PCS) - At its April 25, 2001 meeting, the Board of Supervisors approved a request to allow the construction of a wireless facihty with an eighty (80) foot tall metal monopole at a maximum total height of 712.8 feet above-seal level (Attachment C). Those limits were place on the height because there were no trees within 25 feet. This facility site is located on abutting property, appr6ximately 170 feet away from the lease area for this proposed site. Character of the Area: The site of the proposed facility is a wooded lease area that is 900 square feet in area and situated at an elevation between 620 and 625 feet Above Sea Level (ASL) on the side of an incline that peaks at an elevation of 652 feet ASL. The applicant's petition cites the presence of the tree identified as number 37 on the construction plans, which has a height of 89 feet and a top elevation of 711 feet ASL, as the reason for requesting a monopole height of 98 feet (721 feet ASL). The average height of all of the trees shown on the construction plans is 699 feet ASL. The approximate location of the proposed facility site has been indicated on a topographic map (Attachment D). Access an existing, paved road ~ side of Route 53. Areas directly south and trees and dense underbr[ with the exception of the exists in its naturally wo the lease area and is the: which is under the same communications, facility approximately 170 east ¢ approximately 420 feet '~ which is owned by the T parcel is more than 120 been recognized as havir During one of three balk proposed height of the tn location. This was a parl Route 53. Based on the] monopole at the request¢ draw additional attention result of staff's concerns. an alternate set of plans ~, applicant also performed Village (Attachment E). COMPREHENSI~ PI Staff notes that construct require a substantial amo the recommendations of' result from the presence' ~ The Personal Wireless S that provides specific gui Space Plan and Chapter Assets, provide staffwitt resources, and for the pre environment for: future Personal Wireless Servi The guidelines set forth reducing the visual impa( Wireless Policy recomm¢ criteria related to the sifir to the facility;S lea§'~'a~eh'~ild 1~e Pfohded by 19-foot extension off of nd its 16-foot wide private access easement, Which starts on the north east of the facility site are vegetated with a mixture of large, mature sr. A heavily wooded tree line lies just west of the private road and, clearings for the house and nearby utility lines, most of the property >der state. The nearest property line is approximately 20 feet north of ;bared boundary with property identified as Tax Map 92/Parcel 5A, ownership as the subject parcel. The lease area for the existing wireless and 80-foot tall monopole is also located on that adjacent property, ,fthe proposed facility site. The nearest dwelling is located ;est of the facility site on an adjacent parcel (Tax Map 92/Parcel 3), aomas Jefferson Memorial Foundation, and the property line for that eet away. All nearby properties are zoned Rural Areas, and several have g structures or sites of historic significance. ,on test field visits, staff observed that a red balloon floated at the onopole was visible above the treetops on the ridgeline from a single ring lot at Jefferson Vineyards which is located south of the site, off of )alloon test, it is staff's opinion that approval of a facility employing a d height would introduce an objectionable feature in the ridgeline and to a marginally visible facility that exists on the adjacent parcel. As a the applicant also flew a balloon at a height of 95 feet, and submitted howing a monopole at that height. Upon staff's suggestion, the an additional balloon test at 98 feet for representative at Jefferson [on of the proposed facility and its service road extension would not ant of clearing. Therefore, this request is reviewed for compliance with :he Comprehensive Plan that mainly focus on the impacts .that could >fthe tower and new ground-based equipment in the proposed location. ervice Facilities Policy is the component of the Comprehensive Plan clelines for the siting and review of wireless facilities. Both the Open , of the Comprehensive planfentitled Natural Resources and Cultural guidance for managing the C0untv's natural, scenic and historic servation and conservation of those resources in order to protect the e. e Facilities Policy: the Personal Wireless Service Facilities are focused largely on s of wireless facilities from surrounding properties and roadways. The nds the implementation of a three-tiered approval system to address g and design of new facilities. The first tier sets a preference for the development of"stealth" facilities that can be completely concealed within existing structures, or attached to existing conforming structures. Tier Two calls for sites that can designed to blend in with the natural surroundings in a manner that mitigates their visual impacts. The standard conditions of approval for Tier Two wireless facilities require the use of brown, treetop monopoles that are no more than 10 feet above the tallest tree within 25 feet, and related ground equipment that is painted brown. Although the applicant's proposal for a monopole at the maximum height allowed under Tier Two is not favorable, it is staff's opinion that a facility with a lower monopole height more comparable to the tops of the nearby trees would have less visual impact in the proposed location. With respect for other relevant components of the Comprehensive Plan, the Wireless Policy has also identified various "Avoidance Areas" which are locations where the unwise siting of personal wireless facilities could result in adversely impacting important resources. Except when strategically sited and designed to minimize visibility and mitigate their impacts upon the natural landscape, personal wireless facilities should not be located within "Avoidance Areas" such as mountains and historic sites. AlthOugh this site is located on property that is adjacent Monticello and Patterson Mountain, the proposed facility site is located below Mountain Resource Areas and completely outside of the historic sites that have been surveyed on those and all other nearby properties. Open Space Plan and Chapter 2: Chapter Two of the Comprehensive Plan, entitled Natural Resources and Cultural Assets, provides guidance for protecting the County's natural, scenic and historic resources, and sets the goals for preservation and management of those resources and the environment for future use. The Open Space-Plan Concept Map provides an inventory that identifies the areas where the critical resources are present throughout the County. The Comprehensive Plan designates mountains as major open space systems that provide scenic views, naturally forested areas and wildlife habitat, and are recommended for protection in the Rural Areas. The proposed facility site is located within the Entrance Corridor Overlay District for Route 53. As stated in the Zoning Ordinance, the intent of the Entrance Corridor Overlay District is in part, "to implement the Comprehensive plan goal of protecting the county's natural, scenic and historic, architectural arid cultural resources, including preservation of natural and scenic resources as the same may serve this purpose," and, ''to protect the County's attractiveness to tourists and other visitors; to sustain and enhance the economic benefits accruing to the County from tourism." The Architectural Review Board addresses the aesthetic impacts of all development within the Entrance Corridor Overlay District. However, the Design Planner has determined that ARB review is not required for this proposal because the balloon tests demonstrated that the facility and its monopole would not be visible from the Route 53 Entrance Corridor. Another one of the open space resources that is present on the subject parcel is the forest on surrounding this site. Staff recognizes that when existing structures are not available, the recommendations set forth in the Personal Wireless Service Facilities Policy favor the practice of locating new facilities in forested areas where monopoles and ground equipment can be designed to blend well into the natural surroundings. This includes the preference'for using structures that are no taller than the nat as.to alter the ridgelines. to establish this facility, impact the naturally fore area. Additionally, one establishment ora tree c can be removed, prior to The Open Space Conce property. This includes ~ Nationally Registered Hi incline of the hill where ] equipment within the fac elevation. As indicated i was contacted to observe objections to the facility RECOMMENDATIOi~ canopy so that they ~e not skyhghted agamst the horizon so Because of the limited amount of disturbance that would be necessary is staff' s opinion that approval of this proposal would not greatly ~ted state of the subject parcel, or any of the nearby properties within the ~f the standard conditions of approval for wireless facilities requires the ~nservation area where no trees within a certain distance of the facility ~pproval by the Director of Planning and Community Development~ t Map identifies several historic sites that are adjacent to the subject '.trucmres at Simeon that are Surveyed Historic Sites, as well as the storic Properties of Monticello. Due to the presence of the trees on the he lease area would be located, view of the monopole and other ility site would be obscured from Simeon, which is situated at a lower n the applicant's request, the Thomas Jefferson Memorial Foundation balloon height tests, and has provided a statement that they have no md monopole at the proposed location and height (Attachment F). As stated before, staffs qbservafion of balloon tests do not favor a monopole at the proposed height of 98 feet. Howeqer, because the balloons were onlY visible from a single nearby property, staff could support a facility with a shorter monopole at this site. Therefore, staffs recommendation includeq a condition that wouldlimit the monopole to maximum height of seven (7) feet above the tallest tree within 25 feet to limit visibility, while at the same time provide necessary servic~. STAFF COMMENT: Staff will address the iss~ 1. Section 31 2. Section 7( 1. Staff will addres~ The Board of Supervisor~, permitted hereunder. Spe upon a finding by the Bo~ adjacent property_, In an attempt to address s second monopole, the apl~ Vineyards and submitted monopole at that height. Staff notes that a concern vicinity has been brought .es of this request in four sections: .2.4.1 of the Zoning Ordinance; and, 4 (a)(7)(b)(I)(ll) of the Telecommunications Act of 1996. each provision of Section 31.2.4.1 of the Zoning Ordinance. hereby reserves unto itself the right to issue all special use permits cial use permits for uses as provided in this ordinance may be issued .rd of Supervisors that such use will not be of substantial detriment to :affs concerns with the possible cumulative effects of adding the ,licant performed a balloon test at 98 feet for evaluation by Jefferson letter from their representative stating that there is no objection to a for the proliferation of multiple wireless facilities within the same forth in the review of past proposals. It is staffs opinion that the existing facility and its 80-foot monopole that extends slightly above the tops of the trees are not obtrusive features that draw attention to the facility or impose any substantial detriment to adjacent properties. However, balloon height tests have demonstrated that the newly proposed 98-foot tall monopole,'~which would be visible from the parking lot of Jefferson Vineyards, could act to draw attention to both sites. The basis for this concern is further demonstrated in the fact that the propoSed monopole would be nearly 10 feet taller in total height above sea level than the existing 80-foot tall monopole. Conversely, the lease area of existing monopole is situated at a ground level elevation that is approximately 10 feet higher than lease area for the proposed facility. The applicant's request indicates that nTelos service personnel would normally travel to the site once a month for routine maintenance and service visits. It is anticipated that some unscheduled visits will be necessary on occasions when electrical power to the site is interrupted by weather or other unexpected factors. However, once the tower has been constructed and is fully operational, staff does not expect that the scheduled site visits would create a significant'increase in activity or traffic within the area. Together the two facilities would only generate an average of four vehicular trips per month. With consideration for the limited amount of disturbance that would be required, staff finds that the proposed facility would not impose significant physical disturbance upon the subject parcel or any detriment to adjacent properties. However, due to concerns with the increased visibility of the existing site resulting from the visibility of the proPosed monopole at 10 feet above the tallest tree, staff would only support the proposed facility if a monopole were installed at a lower height. that the character of the district will not be changed thereby, The purposes of the Rural Areas zoning district include preservation of the agricultural and forestal lands and activities, and conservation of the natural, scenic and historic resources. Uses allowed by right in the in the Rural Areas are residential} and those related to agriculture and forestal activities, while uses allowed by special use permit are most often those that provide services in support of the by-right activities. Staff recognizes that support of locating facilities that comply with the Wireless PoliCy in the Rural Areas zoning district is not uncommon. This is because the key purpose of the County's Wireless Design Policy is to site tower facilities in locations where there is a very minimal potential for intrusion upon on the surrounding areas. In addition to being located within a wooded area and the proposed facility would be accessed by extending an existing private driveway, both of which have be favored approaches in the County's attempt to site wireless facilities in areas where they have limited physical visual impact upon the natural surroundings. With the exception of the top portion of the tower, which would be visible above the surrounding tree canopy, equipment would be obscured from views outside of the lease area effectively. Therefore, staff's opinion is that approval this facility will not result in a changing in the character of the Rural Areas district. and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed this request with consideration for the purpose and intent of the Zoning Ordinance as stated in Section 1.4, and with further reference to Sections 1.5 and 1.6. Section 1.4.3 states, "To community," as an inten use, mobile telephones c facilities expands the av~ wireless phone technolo~ visual appearance of the ensure that equipment fo resources that promote ti if approved with the recc the purpose and intent ot Section 1.5 (Relation to ] which are similarly situa~ consideration for the exi,, suitability of property fo~ agricultural and forestal 1 encouragement of the mc second wireless facility v the level of services that that these types of uses c~ set forth for the Rural Ar, with the uses perr Aside for restrictions on proposal would not act t¢ other property within the with additional rel health, safety and Section 5.1.12a of the O~ manner "will no~ endange and will not impair or pro amc. In the event of en opportunities is Clearly co general welfare. The Fede significant concerns for p~ has attempted to address t throughout this staff repro At its meeting on October Personal Wireless Service will identify several ofth~ Prior to the adoption of ti facilitate the creation of a convenient, attractive and harmonious : of the Ordinance. As evidenced by the expanded and rapid increase in [early provide a public service, and the establishment of wireless service dlability of communications oppommities and cOnvenience for users of ,,y. Although wireless facilities are not often credited for enhancing the surrounding areas, the guidelines of the Wireless pohcy are intended to r those facilities are not responsible for intruding upon the important [e attractiveness of the community. Therefore, it is staff's opinion is that mmended conditions this request could be approved in harmony with the Ordinance. ~nvironment) states in part that the "ordinance is designed to treat lands ed and environmentally similar in a like manner with reasonable ting use, and character of properties, the Comprehensive Plan, the various use...; and preservation of flood plains, the preservation of and, the conservation of properties and their values and the st appropriate use 0fland throughout the County." By introducing the dthin the immediate area approval of this request would clearly increase u'e available in the Rural Areas. However, it has not been determined ~nflict with any of the other objectives agricultural and forestal that are ~as. fitted by right in the districL ree cutting within a certain distance of the facility, approval of this restrict the current uses on the subject parcel, orby-right uses on any Rural Areas district. ,,ulations provided in Section 5.0 of this ordinance, and with the public ~eneral Welfare. linance contains regulations for locating public utility structures in a r the health and safety of workers and/or residents in the community ye detrimental to neighboring properties or the development of the ergencies, the increased access to wireless communication asistent with the accepted principles of public health, safety and ral Communications Commission's (FCC) regulations address the most ~blic health and safety regarding wireless telecommunications, and staff ae concern for possible impacts on neighboring in the vicinity t and in the recommended conditions. 10, 2001 the Board of Supervisors adopted Section 5.1.40, entitled Facilities, as the first phase in implementing the wireless policy. Staff se new regulations that are applicable to this request below. Zoning Ordinance text amendments, Section 4.10.3.1 required Planning Commission approval of waivers to allow telecommunications facilities to be sited closer to lot lines than the towers and similar mounting structures. Section 5.1.40b(2) repealed that requirement and now authorizes the Director of Planning and Community Development to allow a wireless facilitym be located at a distance that is closer a lot line than the height of its mounting structure. However, this allowance can only be made if.the applicant obtains an easement acceptable to the county attorney prohibiting development on the parts of abutting properties sharing common lot lines within .the facility's fall zone. This application was submitted prior to the adoption of this requirement, so staff's recommendation includes a condition requiring the applicant to obtain an easement on the abutting parcel located to the north before beginning construction. Because that abutting parcel, is under the same ownership as the property subject to this request, staff does not anticipate any problems in obtaining the easement. In accordance with Section 32:3.10, past applicants were required to request Planning Commission approval of waivers as relief from the process and some requirements of site plan submittal. Because of the relatively small area that is impacted, the :Site Review Committee endorsed the use of site plan waivers for the establishment and expansion of personal wireless communication facilities. Section 5.1.40b(5) of the Ordinance now relieves applicants for wireless facilities from the requirement to request a site plan waiver, provided that the.facility is designed subject to the requirements of Section 32 as approved by the Director of Planning and Community Development. Staff's recommendation includes a condition that requires the applicant to submit a set of plans that demonstrate compliance with all requirements of the special use permit as well as the provisions of Section 5.1.40 prior to the issuance of a building permit. 2. Section 704(a)(7)(b)(I)(lI) of The Telecommunications Act of 1996: The regulation of the placement, construction and modification of personal wireless facilities by any state or local government or instrumentality thereof shall not prohibit or have the effect of. prohibiting the provision of personal wireless services. The Telecommunications Act addresses issues of environmental effects with the following language, "No state or local government or instrumentality thereof may regulate the placement construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commissions' regulations concerning-such emissions". In order to operate this facility, the applicant is required to meet the FCC guidelines for radio frequency emissions. These requirements will adequately protect the public health and safety. Neither the Comprehensive Plan nor the Zoning Ordinance prohibits the provision of personal wireless service. However, both do implement policies and regulations for the siting and design of wireless facilities. The applicant has not provided any information regarding the availability, or lack thereof, for any alternative sites to serve the areas that would be covered with the new antennas at this site. Therefore, it is staff's opinion that the denial of this application would not have the effect of prohibiting the provision of personal wireless communication services. SUMMARY: Staff has identified the fc 1. Themonopole at 2. The facility woul, 3. The facility woul. Staff has identified the fc Observations oft] proposed height c .skylighted". The following factors are 1. There are existing property. 2. The applicant con in locating the prc proposal. 3. The owners of Jef monopole. 4. There is an existi~ RECOMMENDED AC~ Staff has reviewed this re Zoning Ordinance and rec received support from the be visible, it is still staff's inconsistent with the guid facility with a monopole t existing trees. Therefoie, (In the event that the Bom In order to comply with th direction from the Board to return to the Board witt Recommended conditiog 1. The top of thc pole feet above thc top Above Sea Level i rod, shall be locate llowing factors, which are favorable to this request: the facility would only be visible fi:om one nearby property; not restrict any of the permitted uses on adjacent properties; take access fi:om an extension off of an existing driveway. llowing factor, which is unfavorable to this request: ~e balloon test demonstrated that a monopole in this location at the f98 feet, and 10 feet above the tallest tree within 25 feet would be relevant to this consideration: and reasonable by-right uses that could be established on the subject 5ulted with the Thomas Jefferson Memorial Foundation for assistance )osed facility site, and the Foundation has no objections to this [erson Village have no objections to the proposed facility and its g wireless facility within 200 feet of the proposed site. ION: luest for compliance with the provisions of Section 31.2.4.1 of the ommends apl~roval with conditions. Although the applicant has owners of the only property fi:om which the proposed monopole would opinion that approval of the proposed 98-foot tall structure would be flines of the Wireless Policy. However, because staff could support a aat is restricted to lower height and more consistent with the heights of staff recommends approval subject to the following conditions: :l chooses to deny this application staff offers the following comment: e provisions of the Telecommunication Act, staff requests consensus egarding the basis for denial of the application and instruction to staff a written decision for the Board's consideration and action.) of approval: as measured Above Sea Level (ASL), shall never exceed seven (7) ffthe tallest tree within twenty-five (25) feet of the facility as measured ~SL). No antennas or equipment, with the exception of a grounding above the top of the pole. The facility shall be designed, constructed and maintained as follows: a. The metal pole shall be painted a brown that is consistent with the color of the bark of the trees; b. Guy wires shall not be permitted; c. No lighting shall be permitted on the site or on the pole, except as provided by condition number nine (9) herein; d. The ground equipment cabinets, antennas, concrete pad and all equipment attached to the pole shall be dark brown in color and shall be no larger than the specifications set forth in the attached plan entitled "OrroCk (CV 327)"; e. A grounding rod, whose height shall not exceed two feet and whose width shall not exceed one-inch diameter at the base and tapering to a point may be installed at the top of the pole: f. Prior to issuance of a building permit, the applicant shall provide a statement to the Planning Department by a registered surveyor certifying the height of the tree that has been used to justify the height the monopole; g. Within one month after the completion of the pole installation, the applicant shall provide a statement to the Planning Department certifying the height of the pole, measured both in feet above ground level and in elevation above sea-level (ASL); h. The pole shall be no taller than the height described in condition number 1 of this special use permit without prior approval of an amendment to this special use permit. The facility shall be located as shown on the attached plan entitled "Orrock (CV 327)" Equipment shall be attached to the pole only as follows: a. Antennas shall be limited to the sizes shown on the attached plan entitled "Orrock (CV 327)"; b. No satellite or microwave dishes shall be permitted on the monopole; c. Only flush mounted antennas shall be permitted. No antennas that project out fi.om the pole beyond the minimum required by the support structure shall be permitted. However, in no case shall the antennas project out from the pole more than 12 inches. Prior to beginning construction or installation of the pole or the equipment cabinets, or installation of access for vehicles or utilities, a tree conservation plan, developed by a certified arborist, specifying tree protection methods and procedures, and identifying any existing trees to be removed on. the site both inside and outside the access easement and lease area shall be submitted to the Director of Planning and Community Development for apprOval. All construction or installation associated with the pole and equipment pad, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two hundred (200) feet of the pole and equipment pad. A special use permit amendment shall be required for any future tree removal within the two hundred- foot buffer, after the installation of the subject facility. The facility shall be disassembled and removed from the site within ninety (90) days of 9 the date its use fi The applicant, or by July 1 of each telecommunicati~ o No slopes associ~ are steeper than 2 acceptable to the Outdoor lighting shall be fully shi¢ running though ti purposes of this c lamps together w: lamps, and to con 10. The permittee sh, lease area shall n( 11. No slopes associa that are sleeper th acceptable to the 12. The applicant sha and Community of the faqility, Pla conditions of the construction plan~ ATTACHMENTS: A - Special Use Perm B - Tax Map C - Topographic Mag D - Approval Letter f( E - Letter from Thom. F - Letter from Jeffer: r wireless telecommumcat~ons purposes is discontinued. any subsequent owners, shall submit a report to the zoning administrator year. The report shall identify each user of the facility that is a wireless ~ns provider. Lted with construction of the pole and accessory uses shall be created that : 1 unless retaining walls, revetments, or other stabilization measures County Engineer are employed. shall be limited to periods of maintenance only. Each outdoor luminaire lded such that all light emitted is projected below a horizontal plane e lowest pan of the shield or shielding part of the luminaire. For the ondition, a luminaire is a complete lighting unit consisting of a lamp or th the parts designed to distribute the light, to position and protect the nect the lamps to the power supply. 11 comply with section 5.1.12 of the Zon. ing Ordinance. Fencing of the ~t be permitted. ted with construction of the facility and accessory uses shall be created an 2:1 unless retaining walls, revetments, or other stabilization measures :ounty engineer are employed. submit a revised set of site drawings to the Department of Planning ~velopment. Prior to the issuance of a building permit for construction aning staff shall review the revised plans to ensure that all appropriate )ecial use permit have been addressed in the final revisions of the Application and submittal Packet ,r Existing Tower ~s Jefferson Memorial Foundation on Vineyards 10 JOHN K. T^GGART, III M.E. GIBSON. JR. THOMAS E. ALBRO PATRICI^ D. MCGRAw R. LEE LIVINGSTON LAw OFFICES TREMBLAY & SMITH, LLP P.O. Box 1585 CHARLOTI'ESVILLE, VIRGINIA 22902-1585 105-109 EAST HIGH STREET TELEPHONE (434) 977-4455 FACSIMILE (434) 979-1221 ATTACHMENT A PAGE 1 ~JEIDt H. PARKER RACHEL L. RUST CHRISTOPHER J. ROB1NEI~-E PETER]. CARAMANIS RETIRED E. GERALD TREMBLAY LLOYD T. SMITH, ].R. VIA HAND-DELIVERY October 23, 2001 Mr. 'Stephen Waller, Planner Albemarle County Department df Building Code and Zoning Services 401 Mclntire Rd. Charlottesville, VA 22902 RE: nTelos/Orrock Property SP2001-031 Tax Map 92, Parcel 5 Dear Stephen: ,L;-2Z-Ol A';2:4g I Please find enclosed the following: An amended SP application for the captioned project. The parcel number, applicant's contact information, the landoWner's adjacent parcel information, the proposed pole height, balloon test results and project description were all amended. Two revised site plans showing the correct pole height of 98'. October 12, 2001 letter from Michael Merriam of the Thomas Jefferson Memorial Foundation confirming that he observed the 95' balloon test, and, I~ased on that test, the Foundation would not be opposed to the proposed 98' pole. Copy of the October 9, 2001 letter from Yvonne Lingenfelder of Jefferson Vineyards, confirming that she observed the 99' balloon test, and that Jefferson Vineyards has no objections to a 99' pole. Note that at both the September 25 and October 9 balloon tests the balloon test crew did not factor in the ground elevation of the site and flew the balloon 1' higher than they should have. As I explain in the revised application, the tallest tree within 25' of the proposed site is 89' tall with an above sea level ground elevation of 622' (overall elevation of 711'), and the proposed pole site has a ground elevation of 623'. Therefore, if the ground elevation at the pole site is 623' the pole must be 98' (not 99') to achieve an overall height of 721'. Because the balloon was flown at 99' instead of 98', the photos Debbie Balser submitted to you from the October 9, 2001 balloon test show a balloon that is actually 1' higher than the proposed pole, and the letter from Jefferson Vineyards references a 99' pole instead of a 98' pole. Il TREMBLAY & SMITH, LLP Mr. Stephen Waller October 23, 2001 Page 2 As I indicated in m Board of Supe~isors will in their information packet application and site plan. Last, when you an~ that this application will nc from Route 53. CoUld yot Thanks for all your Best regards. H H P/ees Enclosures cc: Debbie Balser (via 44\nTelos\O11022Waller.wpd ATTACHMENT A PAGE 2 I voicemail to you, I am concerned that the Planning Commission and e confused if they receive both the original and amended applications s. Therefore, I respectfully request that you only give them the revised I spoke last week you said Margaret was drafting a letter confirming Ibe reviewed by the ARB because the proposed pole will not be visible please fax me a copy of her letter?. help. Please call me if you need anything else. Very Truly Yours, Heidi H. Parker ~x) County of Albemarle · Department of Building Code and z_ATTACHMENT A -' PAGE 3 '_ OFFICE USE ONLY Sign# ' - 5'< '. Mag. Dist. Staff Date AppliCation for Special Use Permit - as a~ended 10/22/2001 ~._~f Proje~tNamei~w~,,~=~ea,,,~-7) ORROCK PROPERTY (nTelos PCS) .Er~sfing Use Residential and Agriculture Proposed Use Wireless Telecomm, mications Facility *Zoning D~Sct RA. *Zoning Ordinance Section number re.quested 10.2, 2.6 (*staff will assist you with these items) 15.61 acres Number of acres to be covered by Special Use Permit (u Is this an amendment to an existing Special Usc Permit? Are you submitting a site development plan with this application? Fl Ye. g2 No FI YesFl No Cort~act~rson.(W.llonl~.hpuld_wec~a~ll/writcconccrningthisproj¢ct?): R'o-lr]'{ l~ Pm',-lro~'. -rrenm±ay ~ ~m_~.tn, LL&' ' -- Address 105-109 E. High St. City Charlottesville StateVA Zi~v 22902 hei i~. parker@ [ Daytime Phone (434) 977-4455 Fax #434-979-1221 - E-mail tremblaysmith.com Owner of land (As listed in the County's records): . Jeanett.e E. Orrock Address 1240 Thomas Jefferson Parkway City Charl°ttdsvill$tate VA Daytime Phone ( 434 ) 977-5340 Fax # .E-mail Zip22902 nTelos. PCS, cio Debbie Balser Ap p licaqt~<~W~o i~.th¢ contact.~:~2n re~pr~?ting~Whois requ~ti,,g the sp<ial use?): II3U bnenanaoah valAey Drive Address P.O. Box 1328 Cit~ayn'esb°Jr° StatJA 22980 Zip__ Daytime Phone( 540 ) 946-1851 Fax # 540-932-2210 E mailbalserd@ntel°s'c°~ ]Taxx ~m. ap and p~arc,el 92-00-_00-005 Physiml Address tiC.signed) 1240 Th~s jetrerson ~ar~ay, Charlottesville, ~irgin±a"22902 Location of property (landmarks, intcrmaio~,orothcr) Take 1-64 West to Exit #121 (SR 20). Go left onto SR 20 South. Continue until SR 53. Go left on SR 53. Go about 1 mile past past Monticello to ~1240 (driveway on left). Follow driveway to near top of hill. Does the owner of this prope~y own (or have any ownership interest in) any abutting prop~. thosetax mapand parcelnumbers Tax Map 92, parcels 004, 005A OFFICE USE ONLY Fcc amount $ History: Fl Special Usc Pcl-mits: Date Paid Check # Receipt # By: Fl ZMAs and Proffers: ff_.l Variances: Concurrent rcvicw of Site Dcvclopmcnl Plan? El ~ttcr of Authori~tion Fl Yes D No 401 Mclntire Road -:- Charlottesville. VA 22902 -:- Voice: 296-5832 + Fax: 972-4126 Section 31.2.4. i of the hereby reserves unto its permits for us~s as provi that such use will not be will not be changed the~ ordinance, with the uses 5.0 of this ordinance',' an, The items which folloW" this form and provide ad If you need assistance fil What is the Comprehensive PI How will tile proposed special How wi 11 tile proposed speck How is the use in harmony wi: How is the use in harmony wit What additional regulations pr, How will this use promote thc AT'rACHM£NT A PAOE 4 Albemarle Corn Ordinance states that, "The board. of supervisors glf the right to issue al. use permits permitted hereunder. Special use ded in this ordinance may be issued upon a finding by the board of supervisors of substantial detriment to adjacent property, that the character of the district eby and that such use will be in harmony with the purpose and intent of this >ermitted by right in the district, with additional regulations provided in section with the public health, safety and general welfare. Jill be reviewed by the staff in their analysis of your request. Please complete :litional information which will assist the County in its review of your request. ling out these items, staff is available. ~n designation for this p'ropeny? usc affect adjaccnt property ? SEE ATTACHI~ SEE ATT_AC'NEB tile purpose and intent of the Zoning Ordinance? SEE A~TACNEB thc uses permitted by right in the district? SEE ATTACNEB )vidcd in Sccti on 5.0 of the Zoning Ordinance apply to this use? SEE ATTA671ED mblic health, safety, and gencral welfare of the community? SEE ATTACHED use affect Lhc character of the district surrounding the property? SEE AIT~ACllE~ PAGE 5 Describe your request in detail and include all pertinent information such as the numbers of persons involved in'the use, operating hours, and any unique features of the use: SEE ATTACltED ATTACHMENT A ATTACHMENTS REQUIRED - provide two(2) copies of each: Recorded plat or boundary survey of the property requested for the rezoning. If there is no recorded plat or boundary survey, please provide legal description of the property and the Deed Book and page number or PI at Book and page number. Note: If you are requesting a special use permit .only fc~r a portion of the property, it needs to be described or delineated on a copy. bf the plat or surveyed drawing. Ownership information - If ownership of the property is in the name of any type of legal entity or organization including, but not limited to, the name of a corporation, parmership or association, or in the name of a trust, or in a fictitious name, a document acceptable to the County must be submitted certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be ~ submitted containing the owner's written consent to the application. If the applicant is the agent of the owner, a documen~t acce~ptable to the County must be submitted that is evidence of the existence and scope of the agency. OPTIONAL ATTACHMENTS: Drawings or conceptual plans, if any. Additional Information, if any. I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided is true and accurate to the best of my ltEIDI H. PARLOR Printed Name Date 434-977-/,455 Daytime phone number of Signatory ORR What is the comprehensi How will the proposed s The proposed 98' fi monopole and related equJ obscure the facility from a Balloon tests condu of the brown monopole wo~ from properties located to ! slope with mature trees be[ camouflaging it, only the t( south and west. Therefore, view of the ridge line l~eyor Because installation construction of a long acces parcel or adjacent propertie,, Once the facility is c site once a month for routin~ be necessary if there are ele( factors: As a result, the prol activity in the area. Another monopole constructed by Triton. Alth( the subject property, it woul4 both sites are only slightly v: approximately 200' wide thk other or combine to create a How will the proposed spe( property? The proposed facility because it will be located wit ATTACH MENT A PAGE 6 NTELOS CV 327 - SP-2001-31 SP Application Attachment - Amended 10/22/2001 Page 1 UK PROPERTY (NTELOS - CV327) 7e plan designation for this property? Rural/Agricultural ecial use affect adjacent property? ot monopole will not adversely affect adjacent property because the )ment will be located within a heavily wooded area, which will adjacent properties. :ted on September 25 and October 9, 2001 derrionstrated that the top lld not be visible from Rt. 53, and would I~e only minimally visible ~e south and west of the site. Because/he p01e would be located on a [nd it providing a backdrop, and mature trees in front of it p portion of the tower would be visible from certain properties to the the pole would not draw attention to the facility or compromiSe the .d Rt. 53. of this facility will not require the removal of any tall trees or the road, there will not be significant physical disturbance to the subject perational, nTelos's service personnel will typically only visit the ; maintenance purposes. Additional unscheduled visits would only :trical problems caused by adverse weather, or other unexpected tosed facility will not create a significant increase in traffic or other gated approximately 200' northeast of the proposed site was recently .ugh nTelos's facility, if approved, would be the second facility on t not have a negative cumulative effect in terms of visibility because sible above the tree canopy, and they are separated by an .kly wooded buffer. Indeed, neither site would draw attention to the ~ingle visual distraction. iai use affect the character of the district surrounding the will not affect the character of the district surrounding the property bin a heavily wooded area that is accessed from Route 53 by an ATTACH MENT A PAGE 7 NTELOS CV 327 - SP-2001-31 Sp Application Attachment - Amended 10/22/2001 Page 2 existing private driveway. As a result, the facility will be obscured from surrounding properties. and not change the character of the area. How is the use in harmony with the purpose and intent of the zoning ordinance? Wireless telecommunications sites such as the one proposed provide an important public service to the community by creating a "convenient, attractive and harmonious community,'.' consistent with the intent of the Zoning Ordinance. Moreover, by utilizing a brown monopote that will extend slightly above the treetops within a heavily wooded area applicant's proposal is consistent with the Personal Wireless Service Facilities Policy. How is the use in harmony with the uses permitted by-right in the district? The proposed facility will not restrict the current uses or other by-right uses on the subject parcel or any other property within the district. What additional regulations provided in Section 5.0 of the zoning ordinance apply to this use? Section 5.1.12, which relates to public utility structures and uses. How will this use promote the public health, safety and general welfare of this community? The proposed facility will provide improved wireless telecommunications services to this area of Albemarle County. Describe your request in detail and include all pertinent information such as numberg'of persons involved in the use, operating hours, and unique features of the use: Description of Request nTelos, Inc. ("nTelos") requests a special use permit to construct, maintain and operate a personal wireless service facility on property owned by Jeanette E. Orrock located at 1240 Thomas Jefferson Parkway (TM# 92-5). Description of Facility The proposed facility consists of a 98' steel monopole with two flush-mounted panel antennas and a lightning rod attached. One flush-mounted antenna will measure 60"H x 12"W x 7"D, and the other 56"H x 8"W x 2.75"D. The ground~based equipment will be contained in two 72"H x 56"H x 32"D metal equipment cabinets, which will be placed on a 10' by 16' concrete /7 pad. All ofthe proposed The pole, antennas and gr concrete pad will be tinted The facility will be short distance to reach the The proposed pole results. The tallest tree witl of 622', which results in an proposes a 98' pole with an confirmed that a pole exten visible from select nearby t Service Facilities Policy gu Applicant recognize elevation than Triton's nero by Triton's existing pole. determined by a tree within Triton's site, the proposed s applicant's understanding ti Triton's pole was fixed at a site is surrounded by matun within 25' in determining ar Board also consider tree hei Because an approxin Triton's, the proposed site be treated as other horizonta have been required to have an ASL elevation of71Y, a another nearby tree, which Once the facility is ol site once a month for routine be necessary if there are elec factors. The facility will not { reception in the surrounding ATTACHMENT A NTELOS CV 327 - SP-2001-31 SP Application Attachment - Amended 10/22/2001 Page 3 ~provements will be located within a 30' x 30' unfenced lease area. ,und equipment will be painted a flat, dark brown color, and the an earthtone brown so it blends in with the surrounding area. accessed by an existing gravel driveway that nTelos will extend a [ease area. height of 98' was determined by tree measurement and balloon test tin 25' of the proposed pole site is 89' tall and has a ground elevation above sea level ("ASL") elevation of 711'. Therefore applicant overall ASL elevation of 721'. As discussed below, the balloon tests ding 10' above the tallest tree within 25' would-be only minimally ,roperties and therefore appropriate pursuant to' the Personal Wireless idelines and the County's Comprehensive' Plan. s that a pole with an ASL elevation of 721' is 8' higher in overall by pole; however, applicant's pole height should not be determined irst, unlike the proposed pole, Triton's pole height was not 25'. Second, because of the distance between the proposed site and itc is not a horizontal collocation that might require uniformity. It is mt because of certain existing conditions at Triton's site, the height of specific height not relative to a tree within 25'~ Because the proposed trees, however, applicant was able to use the height of the tallest tree appropriate pole height. Applicant respectfully requests that the ~ht to be a determining factor when reviewing this application. lately 200' heavily wooded buffer separates the proposed pole from not a horizontal collocation. Therefore, this application should not [ collocations in the County where poles located next to each other ne same ASL elevation. Indeed, if applicant's pole were limited to phcant s pole would extend only 2 above the 89' tree and 6' above ~ not enough clearance for the pole to transmit signal effectively. eranonal, nTelos s service personnel wall typically only visit the maintenance purposes. Additional unscheduled visits should only ~rical problems caused by adverse weather or other unexpected mit noise, odor or glare; nor will it interfere with television or radio ~rea. The facility will not be lit, unless required by the FAA. ATTACHMENT A PAGE 9 NTELOS CV 327 - SP-2001-31 SP Application Attachment - Amended 10/22/2001 Page 4 Need for Facility To provide wireless coverage to the Albemarle County region in accordance with its FCC license, nTelos has designed a network consisting of small geographic sections called cells. Pdatenna sites within each cell must be precisely located relative to other antenna facilities to ensure nTelos provides adequate wireless coverage and complies with the terms of its FCC license. Currently, there is a gap in nTelos's coverage in the area along Rt. 53 south of Monticello. To eliminate this gap, nTelos has investigated several possible locations for an antenna site in this area, and has determined that the proposed site is ideal because not only will it function adequately within nTelos's existing cell network, it will meet or exceed the guidelines outlined in the Personal Wireless Service Facilities Policy. Proposed Location of Facility In addition to the proposed site, applicant considered several other site candidates along Rt. 53 south of Monticello; however, the other site candidates were eliminated because either they would not work within applicant's network, or a lease could not be negotiated. The proposed site was selected because: 1) It will eliminate applicant's gap in coverage along Rt. 53 south of Monticello and therefore enable applicant to provide adequate wireless coverage that complies with the terms of its FCC license. 2) It preserves the 200' dense buffer of trees located separating the Triton site and the proposed site; in fact, no mature trees will need to be removed to construct this site. 3) It is surrounded by mature trees that will provide both a backdrop and screen for the proposed monopole. 4) It is located a short distance from the existing driveway, so no mature trees need to be removed to provide access to the site. 5) The balloon test confirmed that a 98' monopole at this location will not be visible from Route 53, and or~y minimally visible from nearby properties, including Monticello and Jefferson Vineyards. Balloon Tests Applicant conduct~ September 25 test a baIloc 53. Before the balloon wa to 95'. A representative ot observed the balloon at 95 2001 letter, which states t Triton pole, the Foundati, another balloon test so the the test was necessary. On October 9, 200 of the proposed 98' pole. at the site and flew the ball height. Therefore, the ball, Notwithstanding this incre~ Vineyards parking lot. Re' test, and, as indicated in th objections to a 99' po16. It is important to no constructed to ensure the pi in the photos taken at the b~ the two sites provides ampi or combine to create a singl Involvement & Approva'l ~ Because the propose viewsheds, applicant and its Vineyards in determining tl: from the Foundation and Jel 441n Telos ~SPapp-amend wpd ATTACHMENT A PAGE 10 NTELOS CV 327 - SP-2001-31 SP Application Attachment- Amended 10/22/2001 Page 5 ;d balloon tests on September 25 and October 9, 2001. At the n was flown at 99' and 95'. The 99' balloon was not visible from Rt. s viewed from Monticello, Staff requested that the balloon be lowered the Thomas Jefferson Memorial Foundation (the "Foundation") and, based on that observation, drafted the enclosed October 12, tt so long as the proposed pole is the same diameter and color as the ~ is not opposed to a 98' pole. Although applicant offered to conduct Foundation could view the balloon at 98', the Foundation did not think , applicant conducted another balloon test to d~termine the visibility ly accident, the balloon test crew did not factor in the ground elevation oon at 99' instead of 98'. The photos' submitted to Staff show the 99' )on in those photos is one foot higher than the proposed pole. csed height, the balloon was only minimally visible from the Jefferson ~resentatives of Jefferson Vineyards observed the October 9 balloon ',ir October 9, 2001 letter enclosed with this application, they have no te that both balloon tests were conducted after Triton's pole was oposed site will not have a negative cumulative effect. As evidenced dloon tests, the approx)mately 200' heavily wooded buffer between e distance between them so they do not draw attention to each other visual distraction. Thomas Jefferson Memorial Foundation & Jefferson Vineyards d pole is located within the Monticello and Jefferson Vineyards representatives have worked with the Foundation and Jefferson e height of the proposed pole. As evidenced in the enclosed letters ~ferson Vineyards, neither object to the proposed 98' pole. ATTACHMENT A PAGE 11 LINE TABLE · LINE LENGTH BEARING L1 40.88' N45'57'35"E L2 42.48' N20'55'46"E L3 363.10' NOD'O3'57"E L4 .103.04' N20'48'25"E L5 68.28' N14'O9'10"E L6 64.29' NO3'59'32"E L7 177.02' NOS'O9'56"W L8 50.99' N11 '51'5,9"E L9 54.76' N32'26'57"E LIO '; 1'53.01' N47'59'15"E L11 53.71' N68'21'46"E L12 63.53' S80'32'28"E L13 30.00' S89'$0'36"E L14 30.00' S00'29'24"W L15 30.00' N89'30'36"W L16 30.00' NOO'29'24"E L17 6.47' N73'31'59"E L18 18.54' S00'29'24"W PROPOSED MONOPOLE LAT. 37'59'50.2' NAD 83 LONG. 78'26'55.0" NAD 83 GROUND ELEV. 622.0:1: NArD 88 /~7"r/-~ ACCESS EASEMENT /1/~/JEANNiIVER AN EXISTING RoAD TTE S 70(RROCK II W.~. 80 P~i .67 TAX MAP 92 PARCEL 5 ZONED RA / /~"// JEANNETTE S. ORROCK D.B. 1491 PG. 495 TAX MAP 92 PARCEL 5A / ZONED RA PLA'F OF SITE SURVEY CROWN COMM. SITE ORROCK No. CV 327 LOCATED OFF STATE RTE. 53 NEAR SIMEON ([ON THE LANDS OF JEANNETTE S. ORROCK) SCOTrSVILLE DISTRICT ALBEMARLE COUNTY, VIRGINIA DATE: JULY 3, 2001 SCALE: 1' = 100' Patton Harris Rust & A~eoci&tem.pe ~v,. GENERAL NOTES: 1. THE PROPERTY IS SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. 2. THIS PARCEL IS NOT IN A F.E.M.A, FLOOD HAZARD ZONE 'A" OR "B". 3, TOPOGRAPHIC INFORMATION WAS TAKEN FROM A TOPOGRAPHIC SURVEY PERFORMED BY PHR&A ON 6/12/01. NO BOUNDARY SURVEY WAS PERFORMED BY PHR&A. 4. SURVEYED TO 2C SPECIFICATIONS. SHEET 1 OF 2 ATTACHMENT A PAGE 12 // 1 '"M,~2 L,17 .~.~'~ D LE PROPOSE MONOPO~ I ,~-- ~x/~ [/-L,5 LO,G. 78'26'5~.0' NAD 8~ LS~ PRC -TOWE tl/l~ 900 JE~ TA ~lL~ PLAT OF SITE SURVEY CROWN CG ORROCK No. CV 327 ' LOCATED OFF STATE RTE. NEAR SIMEON (ON THE LANDS OF S. ORROCK) SCO~SVILLE DIS~ICT ALBEMAR~ COUNt, DATE: JULY 3, 2001 30SED \ :R SITE \ SQ. FT. NNETTE $. ORROCK W.B. 80 PG. 767 MAP 92 PARCEL 5 ZONED RA GROUND ELEV. 622.0:1: NAVD 88 JEANNETTE S. ORROCK D.B. 1491 PG. 495 TA~ MAP ~Z PARCEL ~A ZONED RA M. SITE JEANNETTE ,,/' GINIA SCALE: 1" = 100' Patton Harris Rust & Asso~tates,pc CERTIFICATE: THIS IS TO CERTIFY THAT THE COORDINATE LOCATION OF THE REFERENCED TOWER SITE IS ACCURATE TO WITHIN 50' HORIZONTALLY AND THE ELEVATION IS ACCURATE WITHIN 10' VERTICALLY. THE HORIZONTAL DATUM (COORDINATES) ARE IN TERMS OF THE NORTH AMERICAN DATUM OF 1983 (NAD 83) AND ARE EXPRESSED AS DEGREES, MINUTES, AND SECONDS. THE VERTICAL DATUM (ELEVATIONS) ARE BASED ON NGVD 88 AND ARE DETERMINED TO THE NEAREST FOOT. SHEET 2 OF 2 16'-0" JUNCllON 80X FOR DC POWER 6' X 6' X 4.' DEEP CONDUII FOR DC POWER CONOUIT FOR TELCD CONDUIT FOR SPAR~ '"SEE CONDUIT LISTING FOR CONDUIT SIZE AND CONDUIT FOR AC POWER STRANOEED GREEN 6 ROW PlP~ 12" TO SUPPORT 611 CABINET, G°S ANO LIGHT TOP e 7'-0" ABOVE CONC. PAO (GALVJ 3'-10" CONDUIT STUB UP FOR INCOMING PO~ER _) NOI'E: 1. SEE SITE PLAN FOR ACTUAL ORIENTATION 2, ALIGN FOUR (4) CONDUITS WITH 4' MOUNTING PIPE, CENTER JUNCTION BOX ON 1' CONDUITS. JUNCTION BOX FLUSH WI~ PAD. CONCRETE PAD LAYOUT SCHEMATIC SCALE: GPS LIGHT SC611 CABINET MOUNTED ON STEEL PIPE. ATTACH PER IaFOR, S NOTE: CONCRETE PAD TO 8E TINTED EARTH TONE. ALL EOUIPMENT TO BE PAINTED BROWN. /-.-PAD SURF ACE SHALL RECEIVE 4X4 W4XW4 WWF-- lA SMOOTH TROWEL FINISH 1" CHAIdF[R ~ / r-6-MIN. CONC. SLAB ~, ,~s'(wP)-~ ~ / / r- 2' (CL..) UNO~S~RBED SUBGRADE (BEDROCK OR STRUC~RAL FILL)~ ~6" CRU~ED STONE CONCRETE PAD SECTION SCALE: N.T.S. DIA. STD. PIPE (GALV.)-~ CONC. (~ SUPPORT POST FOR SC611 SCALE: N,T.S, **CONDUIT USTING FROu L£FT TO ~GHT FOR POV~R CABINET 1' C~IT F~ 1' C~UIT F~ AC ~R TO SC611 1' C~II F~ ~LCO TO ~611 2' C~DUlT FOR ~ PO~ TO TO ~611~R 2' CON.IT F~ INCHING ~LCO 3'-#2A LIMESTONE COMPACTED/ROLLED,-~ /--CLASS 4 GEOTEXTILE 4'-~2 COURSE AGO, & J2 OF ~ / PROOF ROLL & EXlS ADE (~ G~VEL ROAD SECTION DETAIL SCALE: N.T.5. 07/10/01 mTtC~T 1~ I,K1'~ P~ESSCg OF ~£ OMaR ORAWN BY: A. MOYER C,~C~ED BY: J, RENO ORROOK CV 327 FSITE AOI~SS 1240 THOMAS JEFFERSON PARKWAY CHARLOTTESVILLE, VA 22g0~ ISHEET TITL~ SECTIONS AND DETAILS  \ JEANNETTE S. ORROCK ~ TAX MAP 92 PARCEL 4 ~ W.B. 79, PG. 510 ~,~-- .,,, ~ D.B. 550, PG. 57 ~ ZONED: RA JEANNETTE S. ORROCK JEANNETTE S. ORROCK ~* TAX MAP 92 PARCEL 5A ~- THOMAS JEFFERSON MEMORIAL TAX MAP 92 PARCEL 5 ~ W.B. 80, PG. 767 ~ FOUNDATION, INC. W.B. 80, PG. 767 ~' D.B. 1~91, PG. 495 . , TAX MAP 92 PARCEL ZONED: RA 15.61 AC. ~ , D.B. 690, PG. 46.5 ' ~"' ' x. ZONED: RA ~.~:::~..~;:~:::;:;.... ZONED: RA ~ /~ PROPOSED TOWER SITE /i // 1/ ~' , STANLEY WOODWARD, JR ~ / /' TAX MAP 92 PARCEL 6 ~ t ~)ORROCK PROPERTY JOINERS i D.B. 664, PO. 525 i~ ZONED: RA ~ JEANNETTE S. ORROCK TAX MAP 92 PARCEL 5 W.B. 80, PG. 767 ZONED: RA I)RAWl BY: A.MOYER CHECKED BY." J. R,~NO ORROOK CV ,"-127 1240 THOMAS JEFFERSON PARKWAY CHARLOTTESVILLE, VA 22902 PROPERTY JOINERS LSHI~:'T NUMBER P J-1 PLOT 5rd~LE: .) 98'-0" MONOPOLE TOWER EXTENDING 10' ABOVE TREELINE 611 BTS CABINET AIR CONOIT'ION~NC AOJUST~LE ABOVE FINISH FLOOR AWG ~ERICAN WiRE GAUGE E E~T ELECT ELECTRI~ EO EQU~ FLUOR FLUORE$C[NT FOOT ~v~tZE(D} TOR  NO OEN[~ CON ~ GYP BD CY~UM ~ED ~D'WO ~0~O POUNO(5) M~ MGR MANAGER ~4IN MINIMUM MISC MISCELLANEOUS ANGLE AND CENTER LINE PROPER~rY LINE NUMBER ~ KEY NOTE ~ ELEVATION REFERENCE BBREVIATIONS AND SYMBOLS pATTON, HARRIB, RUST & ~OCIATES P.O BOY 46 116 N. M~N STREET BRIDGEWATER. VA 228t2 CONSULTANT TEAM SS- t SS-2 S-2 TITLE SHEET BITE B U R"VEY SITE SURVI[Y PROPERTY JOINERS 0['TAIL SITE PLAN SITE ELEVATION TOWER ELEVATION AND DETAILS SECTIONS reNO DETAILS BECTION~ AND 0~TAILS ~HEET INDEx P~OJECl MANAGER: CONSTRUCTION ~ER: NETWORK OPERATIONS MAN~ER~ NATIONAL 01RECTOR MAN~ER~ APPROVED BY ORROCK CV 327 1.240 THOMAS JEFFERSON PARKWAY CHARLOTTESVILLE, VA 22902 ALBEMARLE CO., VA 4N D. RENO NO, SITE NA~ ~ARCEL NUMBER T M. 92 PARCEL 5 SITE NUMBER .T~~ ALBEMARLE COUNTY CV 527 1240 THOMA~ JEFFERSON pARKWAYRA CHARCOTTE~VILLE, vd 22DQ2 ALBEMARLE CO. VA ~FF1) BOOK ,~ PAGE JEANEll'E E. ORROCK WB B0 PO 767 AppU~NT CROWN COMMUNIO~TIONB 920 BHEN~,,IDOAH ~LLAGE OR~E WAYNESBORO, vJ 22980 (B40) 932-2375 - PHONE (540) g52-2381 rAY 375 SOU'rHPOtNT BLVO CANONSBURG, PA 15317 (72~) 416-2000 - Phone (724~ 416-2200 - =~ LATITUDE-N 37' 59' 50.2" NAD 27 LONGITUDE -w 7~' 25' 55.0" N~O 27 ELEVATION - 623 3: NAVO 88 PROJECT SUMMARY ,, - LANDOWNER APPROVAL ~OJFCT DF~C, RIPTIO N THE PROJECT INCLUDES: NSTALLATION OF A gB' MONOPOLE TOWER (PAtNTEO BROWN) iNSTALLATION OF FOUR (4) ANTENNA (PNNTED GROWN) INSI~TION 0F ~ [QUIPMEN~ P~ W~H ~ NO WA~ER SUPPLY OR S~E RUN 70 SITE PROJECT DESCRIPTION SIGNATURE MUNICIPAL APPROVAL FROM COUNTY 0¢FICE 0UIL01NO, TURN LEFT ONTO MONTIRE ROAD. D-'~-'~.CTIONS TO SITE IN--N'~.CTOR APPROVAL ALS. ORA~ ~ ~RI11T}~ ~laAL 00NINNE) HE~:~V N~[~ 'IHI~ ~IY DIr Pt41~ ~ A ~ ~IAT NOT K lY~I~IC~I), ~ (~ ~lSl:tO~l) MTi,iOUI ~ WRfllTN DONSD4'T ~ N ~ A ORROCK CV 327 1240 THOMAS JEFFERSON PARKWAY CHARLOTTESVILLE, VA 22902 {~HEET TITL[ TITLE SHEET [~H~'T NUMBER T-1 1-20 PLOT SCALE; DESIGN DATA 1. LIVE LOADS WIND LOADS: ICE LOADS: SEISMIC LOADS: PER TIA/EIA 222-F BASIC WIND SPEED 70 M.P.H. 'I/2" RADIAL ON ALL COMPONENTS AND CABLES PER ASCE 7-95 MINIMUM DESIGN LOADS FOR BUILDINGS AND OTHER STRUCTURES. LEGEND: PROPERTY LINE LEASE LINE EXISTING 1' COUNTOURS EXISTING 5' COUNTOURS PROPOSED 1" COUNTOURS PROPOSED 5' COUNTOURS LEGEND: TREE PROTECTION FENCE EXISTING TREE LINE LIMIT OF CLEARING EXISTING EDGE OF ROAD O O / pR, CPOSED , ,~ARD / / / / '/ / LINE PR¢OSED ~°'~ TRE , / / / // / / ' / / / / / (WOODlD AREA) EX. ACCESS ROAD ME / ' ~ 40 / ,/ PROP. 15" CMP PROPOSi GRAVEL ACCESS TEE .TREE BASE TOP DIST. FROM HEIGHT ELEVATION ELEVATION TOWER CENTER 36 8~"--' 622' - 707' _~17.80' 37 . 89' 622'~~~ 38 78' 622' 700' 20.50' 40 86' 621' 707' ~5.90' 41 77' 620' 897' 18.50' 42 52' 62~' 675' 19,75' 43 77' ..I ~24'. 7D1' J 75' 17 TRI~E PROTECTION FENCING IROPOSED lO' x 16' PAD PROPOSED 98' ' //¢.,.._(~ ~ONCRETE E1UIPMENT t . (WOODED ARE~) 25 GRAPHIC SCALE O 5 10 20 ( IN FEET ) 1 inch = 10 ft. ATTACHMENT A .'~ PAGE .o ) ~-~5 DIMt~'~ ~ ~M~"~ MA~R/A,L C~TAJ~ H~c~l ARE 'll"lE I~I(~I~'I~'Pt 0¢ PHI~ kAN, iD NOT BE DIZ~.IC~T[~. US[D ~ ~ ORROCK CV 327 /$11'[ ADORES$ 1240THOMAS JEFFERSON PARKWAY CHARLOTTESVILLE, VA. 22902 [SH£~ T~E DETAIL SITE PLAN ISHEET NUMBER, PLOT 5CALE; TOP OF TOWER+ ELEVATION 721'+ 89' OAK @ TOP ELEV. 711.0' 86' OAK 0 TOP ELEV. 707.0' PROPOSED CLUSTER MOUNT ANTENNAS 85' OAK @ TOP ELEV, 707.0' TOP ELEV. 700.0' TREE 37 38 40 42 TREE HEIGHT 85' 89' 78' 86' 77' 52' BASE ELEVATION 622' 622' 622' 62t' 620' 623' fi24' TOP ELEVATION 707' 711' 700' 707' __ 697' 675' 701' DIST, FROM TOWER. CENTER 17. B0' 16.50' 20.50' 35,90' 18.50' 19.75' 17_25' GRAPHIC SCALE ATTACH MENT A PAGE 16 !~ (SqO) 032-23~ (~40) ~32-~3~1 FAX ~T NOT ~ OJ. FUCA'~I), USEI) ~ D~CtO~) 1lilY'OUT 1HE IR~TIDd COk, SE#T ~ pHR & A NOTE: COMPOUND SURROUNDED BY TREES IN WOODED AREA PROPOSED SUPPORT CABINET PAINTED BROWN ~, 78 OAK @ BASE ELEV. 624.0' 89' OAK @ BASE ELEV. 622.0' 85' @ BASE ELEV. 622,0' ~_gB.' POLE 0 BASE ELEV. 622.0' SITE ELEVATION SCALE: 1" = 15' 0 15 30 ( IN FEET ) 1 inch = 15' ft. ORROCK CV 327 1240 THOMAs JEFFERSON PARKWAY CHARLOTTESVILLE, VA 229~ i '~MEET TITL~ SITE ELEVATION s-2 '~- HIGHEST POINT WlTH ELEVATION 721':t: PROPOSED CLUSTER MOUNT ANTENNAS PAINTED BROWN DRIP LINE PROTECTIVE DEVlCE-~ MAXIMUM LIMITS CLEARING AND PROPOSED COAX CABLES ON POLE UP TO ANTENNAS. ALL CABLES PAINTED BROWN PROPOSED CB' HIGH POLE EXPOSED FOUNDATION TO BE TINTED EARTHTONE ~ )TOWER ELEVATION SCALE: N.T,S. IS LESS IHAN * * NOTES: 1. PROTECTION OF EXISTING VEOITATION: AT THE START OF C~ADING iNVOLVING THE LOWERING OF EXISTING GRADE AROUND A TREE OR STRIPPING OF TOPSOIL A CLEAN SHARP, VERTICAL CUT SHALL BE MADE AT THE EDGE OF THE TREE SAVE AREA AT THE SAME TIME AS OTHER EROSION CONTROL MEASURES ARE INSTALLED. THE TREE PROTECTION FENCING SHALL BE INSTALLED ON THE SIDE OF THE CUl FARTHEST AWAY FROM THE TREE TRUNK AND . SHALL REMAIN IN PLACE UNTIL ALL CONSTRUCTION IN THE VICINITY OF THE TREES IS C(~IPLETE, NO STORAGE OF MATERIALS, FILL, OR EQUIPMENT AND NO TRESPASSING SHALL BE ALLOWED WITHIN THE PROTECTED AREA. 2, CONTRACTOR TO INSTALL AT A DISTANCE EQUAL TO TREE DRIP LINE OR 5' WHICHEVER IS GREATER. ~ ~NCE POST MAT BE 4' PINE OR 2' OAK ..... 0000000 r ORANG UV-REStSTANT HIGH-TENSILE Uuuuu ~ / STRENGTH POLY BARRICADE FABRIC 00000000000000000-'"%_/ 0000000000000000000"% oooooooooooooooooooo~ ooooooooooooooooooooo\ oooooooooooooooooooooo\ 00000000000000000999999\ ooooooooooooooooooooooo\ ooooooooooooooooooooooo~ ooooooooooooo66b00oooooo\ 0ooooo000oo0o000o000o00o~ ooooo~ooooooo~0Ooooooooo~ 5'-0' O,C, MAX. TREE PROTECTION FENCE DETAIL SCALE: N,T,$. ~.TTACHMENT A PAGE '~7 "!~'!~,:- ~, VA. )~ OT/'m/o~ CH£CK£O BY: J. RENO ORROCK CV 327 srr[ 1240 ~OM~ JEFFERSON P~AY CH~LO~ESVILLE, VA ELEVATION SECT. AND DETAILS NUMB~ PLOT POLE BRO~q DOWN RACKET MICROFLECT TRI-BRACKET PART NUM. B1B2B OR EOJAL ~IICROR. ECT PIPE MOUNT PART NUM. B1832 OR EQUAL NOTE: 1 ANTENNA EOUIPMENT TO BE PAINTED BROWN 2. DIST. BETWEEN PIPE blouNT AND AND POLE NOT TO EXCEED 12' (~ TRI-BRACKET ELEVATION SCALE: 12' MAX BAR STRAPPED TO TOWER 4'-6' O,C. MAX COAX CABLE iCEBRIDGE--%. SUPPORT CALDWELO GROUND LEAD TO ICE BRIDGE SUPPORT POS% $'-12" ABOVE GRAVEL GRADE (T~.) -.-CABLE GUARD SHEATH LOCATE AT EACH END OF' ICEBRDG[ (TYP.) JUMPER CABLE ENTRY PORT (TYP) EQUIPMENT < CABINET 611 BTS SKID I 24' CLEAR ~-CONC. FOOTING TO BE BELOW GRADE SIDE ELEVATION TINNED LEADS TO ORCXJNDING RING (TYP.) ICE BRIDGE DETAIL SCALE: N.T.S, ANTENNA AND COAXIAL CABLE SCHEDULE SECTOR A1 B1 AZIMUTH 130' 330' ANTENNA EMS RR 33-20-00DP EMS RR-g0-17--00DP MOUNTING BRACKET MTG-DIO-20 UTG-D10-20 MECHANICAL DOWNTILT 1" 1' COAXIAL CABLE 7/8' 7/8' NOTE: SUBJECT TO FINAL APPROVAL I "i ' - 21X BL-1 R~I H LCOAXIAL CABLE ~,,,,,.~ W/ STA!NLESS STEEL - u 51'ANDARD CABLE HANGER ~.......,--$/8' DIA. THREADED ROD W/ NUTS'AND OVERHEAD WASHERS /-CABLE SUPPORT // ~ 4-U U.~. MAX. ~ROD TO EXTEND 1/2' MAX. BELOW CABLE SUPPORT NOTE: VIEW-BACK TO EQUIPMENT LOOKING AT TOWER SECTION SCALE: N.T.S. F B RID~ CHANNEL ElY MICR[~"L,ECT /-1/2' ALLTHREAO .--'COAX ,SUPPORT; 20' UNISTRUT W/NUT AND WASHER EACH SIDE/ EACH LEVEL USE ANDREW COAX HANGERS '"'---COAX TERMINATOR FRAME PER PRO. CT MANAGER'S INSTRUCTIONS HEAD BY MICROFLECT · ~-3 1/2'I GN_V., SCHED 40 POST; /--CROWN TO DRAIN;, TYPICAL .~'_/--12 e x 36 DEEP CONCRETE "" FOOTING; TYPICAL FRONT ELEVATION TABULATION DIM. 'A' 9' "B" + 7'-6' 'C' ::t: 6'-6· ** NOTES: IF THE ICE BRIDGE (DIM. *A') IS 20' OR LESS. TWO (2) GROUNDING POINTS ARE REQUIRED AT OPPOSITE ENDS OF THE ICE BRIDGE. CALDWELD TO THE ICE BRIDGE SUPPORT POST. IF THE ICE BRIDGE (DIM. 'A') IS 20' OR CREATER, THREE (3) GROUNDING POINTS ARE REOUlRED, ONE (1) EACH AT oPpOSITE ENDS AND ONE (1) NEAR THE CENTER OF THE ICE BRIDGE, CALDWELD TO THE CE BRDGE SUPPORT POST. NOTE: ENTIRE ICE BRIDGE TO BE PAINTED BROWN. ATTACHMENT A ~'m[sso~o, VA. 2~ (~) K]m~lX)~llON OR USE OF l~ )NR)RtMll0N CGIET~ N IT IS FOR~F.N IllitO0? ll~ llWlliN ~ OF T~ 0MI~. (~AWN BY: A, MOYI~cl CHECKED ~ J. RENO ORROCK ' CV 327 1240 THOMAS JEFFERSON PARKqNAY CHARLOTTESVILLE, VA 22902 I g~IE[T Tl/!.E SECTIONS AND DETAILS PLOT SCARE: 1-20 6OO 0 6OO 1200 f /J / × 49..q ATTACHMENT D 9~ 64C 64A 5A ALBEMARLE COUNTY 78 SP 01-031 ORROCK (NTELOS PCS) ' / \ · 43 ATTACHMENT B 64 59 ~04 SCOTTSVILLE DISTRICT SECTION 92 ATTACHMENT C PAGE I COUNTY OF ALBEMARLE Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 May 16. 2001 ValerieW. Long, Esquire P O Box 1288 Charlottesville. VA 22902 RE: SP-2000-77 Orrock Property (Triton) Tax Ma I~ 92. Parcel 5A Dear Ms. Long: The Albemarle County Board of Supervisors, at its meeting on April 25, 2001, unanimously approved the above-noted request. Please note that this approval is subject to the following conditions: As shown on the construction plans, the top of the monopole shall not exceed a total height of eighty (80) feet, nor shall it exceed a top elevation of 712.8 feet, as measured Above Sea Level (ASL). No antennas or equipment, with the exception of the grounding rod, shall be located above the top of the pole: The facility shall be designed, constructed and maintained as follows: a. The metal pole shall be painted a brown that is consistent with the color of the bark of the trees: b. Guy wires shall not be permitted: c. - No lighting shall be permitted on the site or on the pole, except as provided by condition number nine (9) herein: d. The ground ~quipment cabinets, antennas, concrete pad and all equipment attached to the pole shall be dark brown ~n color and shall be no larger than the specifications set forth in the attached plan entitled "Orrock (Triton PCS)"; e. A groUnding rod. whose height shall not exceed two (2) feet and whose width shall not exceed one (1) inch diameter at the base and tapering to a point, may be installed at the top of the pole; f. Prior to issuance of a building permit, the applicant shall provide a statement to the Planning Department by a registered surveyor certifying the height of the two (2) trees that have been used to justify the height of the monopole; g. Within one (1) month after the completion of the pole installation, the applicant shall provide a statement to the Planning Department certifying the height of the pole, measured both in feet above ground level and in elevation Above Sea Level (ASL); and h. The pole shall be no taller than the height described in condition number one (1) of this special use permit without prior approval of an amendment to this special use permit. 3. The facility shall be located as shown on the attached plan entitled "Orrock (Triton PCS)"; Page 2 May 16, 2001 Equipment shall a. Antennas sh PCS)"; b. No satellite c c. Only flush m, pole beyond in no case st Prior to beginning col of access for vehicle.~ specifying tree protec removed on the site b submitted to the Dire( or installations associ construction or install; tree rem oval expressl permittee shall not ret pad. A special use pE hundred (200)-foot bu The pole shall be disa use for wireless telec¢ The permittee shall su than July 1 of that yea user that is a wireless No slopes associated steeper than 2:1 unles the County Engineer Outdoor lighting shall fully shielded such tha lowest part of the shiel lumina~re is a complete designed to distribute power supply; 10. The permittee shall co area shall not be perm; 11. The applicant shall sub Community DevelopmE Planning staff shall rev special use permit hay{ In the event that the use, struct commenced within eighteen (1t abandoned and the authority gr the term "commenced" shall be necessary to [he use of such pE thereafter completed within on, ATTACHMENTC PAGE2 [tached to the pole only as follows: Ill be limited to the sizes, shown on the attach ed plan entitled "Orrock (Triton r microwave dishes shall be permitted on the monopole; and ~unted antennas shall be permitted. No antennas that project out from the :he minimum required by the support structure, shall be permitted However, all the antennas project out from the pole more than twelve (12) inches. ~struction or installation of the pole or the equipment cabinets, or installation or utilities, a tree conservation plan, developed by a certified arborist, tion methods and procedures, and identifying any existing trees to be oth inside and outside the access easement and lease area shall be ',tor of Planning and Community Development for approval. All construction ~ted with the pole and equipment pad, including necessary access for ~tion, shall be in accordance with this tree conservation plan. Except for the ! authorized by the Director of Planning and Comn'{unity Development, the hove existing trees within two hundred (200) feet of the pole and equipment ,rmit amendment shall be required for any future tree removal within the two rfer, after the installation of the subject facility; ssembled and removed from the site within ninety (90) days of the date its mmunications purposes is discontinued; bmit a report to the Zoning Administrator one (1) time per year, no Pater · The report sl~all identify each user of the pole and shall identify each :elecommunication service provider; vith construction of the pole and accessory uses shall be created that are s retaining walls, revetments, or other stabiliZation measures acceptable to re employed: ~e limited to periods of maintenance only. Each outdoor luminaire shall be all light emitted is projected below a horizontal plane running through the :1 or shielding part of the luminaire. For the purposes of this bondition a lighting unit consisting Of a lamp or lamps together with the parts he light, to position and protect the lamps, and to connect the lamps to the nply with Section 5.1.12 of the Zoning Ordinance. Fencing of the lease tted; and mit a revised set of site drawings to the Department of Planning and ~nt. Prior to the issuance of a building permit for cons[ruction of the facility, ew the revised plans to ensure that all appropriate conditions of [he been addressed in the final rewsions of the construction plans. ~re or activity for which this special use permit is issued shall not be I) months after the issuance of such permit the same shall be deemed anted thereunder shall thereupon terminate. For purposes of this section, construed to include the commencement of construction of any structure rmit within two (2) years from the date of the issuance thereof which is (1) year. ATTACHMENT C PAGE 3 Page 3 May 16, 2001 Before beginning this use, you must obtai~-~ ~.o~ing clearance from the Zoning Department: Before the Zoning Department will issue a clearance, you must comply with the conditions in this letter. For further information, please call Jan Sprinkle at 296-5875. If you'should have any questions or comments regarding the above-noted action, please do not hesitate to contact me. Sincerely, Director of Planning & Co~ Deve opmen[ VWC/jcf Cc: Amelia McCulley Jack Kelsey Tex Weaver Steve AIIshouse Bob Ball, VDOT Ms. Dd)bie Balser Siie Acquisnion Mar nT¢,~os Corporation PO. Box 1328 MONTICELLO October 9, 2001 ager W;tyn¢::boro, VirginiI 22980 Dear Ma. Babc~'. / Iarn writing c[n behalf of tho Thomas Jefferson Foundation to th~nk you for your involving us M the mhtter of locating a c~ll tower near Monticello. On Tuesday, SerAember 2.5, I obse:-ged a balloon flow~ just above the treetops on th~ property of leanette Orrock By ':Iris test it was apparent that a cell tower in this to.c. ation, provided it i~ of app~ oxima*.ely tlte same si.z=, color a~d ~levation as the odst'mg tower, would have littl~ or no impact when view~J fi.om Monticello, Sincerely, ATTACHMENT F Oclober 9, 2001 Mr. Sicphon Fi. Waller Pi:tuner Comity o1' Alht:mnrle Dqmrtment ul' Planning and Community Dt:vclopment 401 Mefntirt~ Road Charlmte~villc, Virginia 22902 Re: NTELO$ (Virginia PCS Alliance, L.C.) PCS Wireless Telecommunications Facility Om.,ck Prup~=riy TNt P 92-00-00-005A Dear Mr, Waller: -I.'h¢ purpose of this letter is to inform you that we have viewed thc balloon test pcrfo'rmed by NTff. LOS personnel on '['uc.sday, October 9, 2001, The balloon w~s flown at a hci ght'of ten (10) fcc£ above tile tallcst trt:;: which is eighty-nine (89) feet in height, We have no objections to the proposed PCS Wireless 'Feiecommunicadon.~ Facility at a total height of ninety-nine (99) l'ect. ,qillccre]y, " The facility.shl dl be disassembled and removed from the site within ninety (90) days of the dat~: its use for wireless telecommunications purposes is discontinued. If the Zoning .~ ~dministrator determines at any time that surety is required to guarantee that'~he facility will be removed as required, the permittee shall furnish to the Zoning ~ idmimstrator ............. ,1., .~,~ o a certified check, a bond with surety sat: sfactory to the County, or a letter of credit satisfactory to the County, in an ~ mount sufficient for, and conditioned upon, the removal of the facility. The t3 >e of surety ~uarantee shall be to the satisfactiOn of the Zoning Administrator ~ md the County Attome¥. RECEIVED AT BOS MEETING Date: ...... DEPARTMEN' CH November 19, 2001 Malcolm Meistrell The Kessler Group P O Box 5207 Charlottesville, VA 22902 RE: ZMA-2001-003 Rio ~ Dear Mr. Meistrell: The Albemarle County Plann unanimously recommended Please note that this approw of the attached proffers must scheduled hearing date. Please be advised that the A; receive public comment at th, information regarding your a[ Supervisors at least seven df If you should have any questi hesitate to contact me. Michae~ Cc: Ella Carey Amelia McCulley Jack Kelsey Steve AIIshouse OF PLANNING & COMMUNITY DEVELOPMENT 401 MCINTIRE ROAD, ROOM 218 ARLOTTESVILLE, VIRGINIA 22902-4596 uare; Tax Map 62A1, Parcels 2-4, 2-5; 204A and 2B-13 ~g Commission, at its meeting on November 13, 2001, Ipproval of the above-noted petition to the Board of Supervisors. I is subject to the attached proffers dated 11/06/01. A signed copy be submitted to our office at least seven days prior to your bemarle CoUnty Board of Supervisors will review this petition and ;ir meeting on December 5, 2001. Any new or additional ,plication must be submitted to the Clerk of the Board of ~ys prior to your scheduled hearing date. ons or comments regarding the above noted action, please do not PROFFER FORM Date: 11/20/01 ZMA # 01-003 Tax Map and Parcel Number(s): TMP 62A1 Parcels 2-4, 2-4A, 2-5, 2(B)13 Original Proffer Amended Proffer x (Amendment# 6 ) 3.15 Acres to be rezoned from R-2 and R-6 to PRD 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, ifrezoned. 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 development on Tax Map 62A1 Parcels 2-4, 2-4A, 2-5, and 2 (B) 13 shall be in general accord with the plan produced by Daggett and Grigg Architects, rifled "Rio Square Preliminary Site Plan" (title sheets and sheets C-l, C- 2, C-3, C4, L-l, and A-l), dated July 16, 2001 and last revised on August 20, 2001. On Sheet A-l, the relative location and massing of the structures, landscaping, the building roof lines, and roof pitches are proffered as part of the Application Plan for ZMA 01-03. Final design details such as materials, j ack arches, types of windows and first floor master bedrooms are not proffered. No building construction shall begin unless and until the Design Planner determines that the architecture is in general accord with sheet A-1 of the Application plan.. 2. The owner may vary the square footage of office use or the number of townhouse units on the Application Plan; however, footprints of the buildings and uses within the buildings shall be in general accord with the Application Plan and the parking provided for the office use shall be not less than 90% of the parking spaces required for that use, and the parking provided for the town_house dwelling units shall be not less than 40% of the parking spaces required for that use, as these uses are de£med in Section 4.12 of the Albemarle County Zoning Ordinance in effect on December 5t~, 2001. 3. In order to limit office uses with high parking demands, permitted uses of the property, and/or uses authorized by special use permit, shall include only those uses allowed in Section 23 Commercial Office of the Albemarle County Zoning Ordinance in effect on December 5th, 2001, a copy of the section(s) being attached hereto, except the following: a. Dentist offices (a portion of 23.2.1.2); b. Churches; and c. Businesses whose sole purpose or primary activity is providing: i) Data entry and/or storage, subscription and/or credit card transaction processing; or, ii) Solicitation of sales and/or order processing by telephone, mail order, internet, catalog sales or other similar medium; or, iii) Mailing list preparation. Signatures of All Owners Signature of Attorney-in-Fact Printed Names of All Owners Printed Name of Attorney-in-Fact Date OR DEPARTME TO'. FROM: SUBJECT: DATE: CC: Planni~ Michae Rio Sq 11/07/( BACKGROUND: The Planning Commission At that t me, staff could not remained outstanding (See these 10 items through the willingness to accept a coo Commission signaled their arrangement as was propo The applicant submitted a Review committee has sin~ pending the Planning Coml waiver request and special DISCUSSION: At the June 5th public heari before staff could recomm( applicant's efforts to seek ~ lO Outstandin.q Items 1. Clarify the proffer,, A discussion of the 2. Define the design Attachment A, pag( Staff feels that the ~ Road. The applic~ (Attachment B). 3. Define the intend~ Staff has consisten applicant has show the townhouses an~ provided landscapi~ from: the nearby re.~ iT OF PLANNING & COMMUNITY DEVELOPMENT 401 MCINTIRE ROAD, ROOM 218 tARLOTTESVILLE, VIRGINIA 22902-4596 MEMORANDUM Lg Commission 1 Barnes, Planner ~[/~,~¢ ~are Rezoning Update (ZMA 01-03) eld a public hearing on this rezoning application on June 5, 2001. recommend approval because staff had identified 10 items that Staff Report - Attachment C). The applicant was willing to address preliminary site plan process, if the Planning Commission signaled a )erative parking arrangement for the project. The Planning willingness to review an Application Plan with a cooperative parking zed. ~reliminary site plan on July 16, 2001. The County's Site Plan e reviewed the preliminary site plan and is willing to grant approval nission's approval of the rezoning application, cooperative parking use permit for the office uses (Attachment A, page C-1 ). lg, staff provided 10 outstanding items that needed further attention nd approval. Below are those 10 items and a discussion of the resolution to the items. proffers follows this section. or appearance of the buildings along Rio Road. A-1 provides elevations for the proposed buildings along Rio Road. ;levations shown would be appropriate along this stretch of Rio nt has proffered the form and massing for these buildings d uses in the recreational area. :ly requested that a defined recreational amenity be provided. The a swing set and bench in the proposed recreational area between single-family houses (Attachment A, page C-1). They have also [I around the recreational area in an attempt to set this area apart idences. However, the applicant is not willing to proffer the specific type of amenity at this time because they may change the amenity to correspond with the target market for the townhouses at the time of construction. Staff believes that, since an amenity is shown on the plan, the applicant can be obligated to provide the amenity. If the applicant decides to provide an amenity different than the one shown on the plan, 7the Director of Planning and Community Development can grant it if it is considered to be equivalent to that shown on the Application Plan. Thus, staff is confident that an appropriate amenity will be provided and the applicant has the flexibility as to what type .of amenity will be provided. Provide pedestrian path from the recreation area to the west, behind the townhomes, to the parking area. The applicant has linked the western part of the parking lot area to the recreation area with a pedestrian path as requested (Attachment A, page C-1 ). Provide a means of access down the 2:1 slopes from the single-family detached homes to the recreation area. Attachment A, page C-1 shows pedestrian access on either side of the slope that is situated between the recreational area and the single-family homes. Originally, staff had asked for a set of stairs which would traverse this slope. The applicant has declined to provide the stairs and has instead argued that a set of stairs would invite too much access between the recreation area and the homes/Wakefield Drive and a reduced sense of privacy for the hOmes. Staff has agreed to drop this issue as a requirement since it appears that the occupants of the single-family homes can access the recreation area through a short detour around the slope. Provide a sidewalk between the office buildings and Rio Road. The applicant has provided multiple connections between the office buildings and Rio Road. The applicant needs to demonstrate the proposed Setback lines between the single-family detached homes and the other building allow for the subdivision of this home off at a later date. Attachment A, page C-4 shows the proposed subdivision for the single-family homes. The proposed lot lines for all of the buildings, except for the proposed parcel at the corner of Wakefield and Rio, appear to be sufficient. The existing house on this corner parcel, at its closest point, is twenty feet from the proposed office building. The typical side yard setback in an R-1 district is 15 feet. The proposed rear yard setback for this home will be approximately 14 feet. As for the office building, the typical setback in a commercial district is 50 feet from a residential district. The proposed setback for the office building is 6 feet at its closest point to the house. While the proposed setbacks are significantly less than the current setback standards, staff supports the proposed plan for the following reasons. First, the current setback standards were developed under a more suburban construct. The Neighborhood Model calls for mixing uses within developments and often within buildings themselves. Secondly, there is an attempt to "separate~ the buildings through landscape, grading, and design. The applicant has proposed a row of trees along the retaining wall separating the two structures (Attachment A, page L-l). Thirdly, the to pography slopes away from the house and the office is built into the hillside. This reduces the massing of the office building relative to the house (Attachment A, page A-l). Furthermore, the gabled roofs of the office buildings (Attachment A, page L-1 ) are oriented so that the mass of the buiidin owns the entire par( will clearly understa Thus, the occupant stated above, Staff t 8. Demonstrate and ! The applicant has p total 40,566 square 9. Provide landscapi~ On the proffered pl~ While the specific It site plan, staff feels slopes (Attachment 10. Provide a buffer b~ Condominiums. The planting of 8 to boundary with Four' townhouses and the Proffers The applicant and staff ha~ objectives: 1) Ensure that t that the parking provided is or activities that might crea Attachment B COntains the Proffer #2 meets the secor residential requirement an( parking demand associatet satisfied and are in agreerr Regarding Proffers 3 and ,~ Zoning Services Staff as tc from the cooperative parkir shown on Attachment B, b~ within these two proffers. ,' operations (e.g., the closur fi4, staff would like the folk footage of any given estab square feet open to the pu the requested clauses will residents and office users. during non-business hours hours. The staff's requests have I details. On the conceptual altogether or not modified' 's roofline is shifted away from the home. Finally, the applicant ;el. When either renting or selling the home, the potential occupant 3d spatial-orientation impacts related to the adjacent office building. ~,ill have a full understanding of any ramifications. However, as ~elieves that these impacts will be minimal. eserve the 2.5% open space required under Section 19.6,1. rovided documentation showing that the common open' space will feet or approximately 30% of the Site (Attachment A, page C-4). ~g on all 2:1 slopes, n, the applicant has provided landscaping on all the 2:1 slopes. ndscape requirements of the Ordinance will be reviewed at the final that the applicant has provided sufficient landscaping on these steep A, page L-l).' ;tween the proposed townhomes and the Fountain Court 10-foot tall Japanese Black Pines on 20-foot centers along the rain Court will help offset the impacts between the proposed neighboring condos (Attachment A, page L-l). e been working on a set of proffers with the goal of reaching three 3e built project is functionally similar to the proposed plan; 2) Ensure sufficient; 3) Limit the parking demand associated with certain uses Ie parking conflicts. pdroffers. Proffer #1 meets the first objective by proffering the plan. objective by defining the cooperative parking ratio at 40% of the 1 90% of the office requirement. Proffers 3, 4,and 5 seek to limit the t with certain uses or activities. Both staff and the applicant are ~ent On Proffers 1, 2 and 5. , there s a difference between the applicant and Building Code and what is necessary to adequately address potential conflicts arising ~g arrangement. The applicant has offered Proffers 3 and 4 as At has resisted staff's requests for the inclusion of additional clauses ~taff has asked that Proffer #3 define and limit the hours of business ~ of the building to all'personnel from 10 p.m. to 7 a,m.). On Proffer wing clause added,: "['l'he mitation shall apply to the total square ishment (i.e., a 6,000 square foot business cannot have 3,000 )lic after 5 p.m.).]." Staff's reasoning is that these two proffers and imit the potential for parking conflicts between the townhouse Staff hopes to limit conflicts by limiting access to the general public and precluding employees using the offices during the nighttime .~ad to a difference in opinion on two levels: conceptual and specific level, the applicant argues that the proffers should be dropped :rom their proposed form for four reasons: 3 A. The parking study demonstrates sufficient parking for the project. Therefore, there is no real need for Proffers 3 and 4, if Proffer #5 limits the most intensive parking users (as identified by the County). B. Shared parking arrangements are an integral component of Neighborhood Model. When multiple uses share parking, conflicts will arise occasionally. However, if a parking study shows that the conflicts are the exception and not the rule, the County policy should be to accept a Iow level of parking conflicts. Proffers 3 and 4 are seeking to completely eliminate any conflict. Elimination of potential conflicts should not be the rule driving the development process. Therefore, the County should accept the conclusions of the parking space study and not attach any addition restrictions on the uses. C. Enforcement of the Proffers 3 and 4 will be very difficult. For example, how does the Zoning Department ensure that the office buildings are vacated by a certain hour?. D. As proposed, the project has 18 townhouse units requiring 36 spaces. There is a total of 78 parking spaces. This leaves 42 spaces.or 10,500 square feet of office not in conflict with the residential parking needs. At a minimum~ the applicant feels that the 10,500 square feet should be free of additional restrictions. The staff on the other hand remains cautious about the parking study's conclusions. While staff accepts the study's conclusions in theory, staff wants the Commission to realize that practically the mixture of parking Cannot be guaranteed to be free of conflicts between the users. For this reason, staff has requested Proffers 3 and 4 as a cushion against any resulting parking not anticipated by the parking study. There are differences on specific details between the applicant and staff. An example canbe noted from Proffer fl4. The applicant attempted to appease staff's concerns by proffering to limit the hours that the businesses were open to the general public for 7,000 of the 17,500 square feet. Staff requested an additional 3,000 square feet as an additional cushion and a clause restricting an entire business and not to a portion of the one. The applicant agreed to the additional'3,000 square feet, but refused to accept the additional restriction. At this point, staff and the applicant have agreed to let the Commission/Board of Supervisors decide whether and/how to restrict the office use. In general, there are three options: 1) Agree entirely with the applicant's argument and recommend that Proffers 3 and 4 be dropped; 2) Accept the applicant's proffers "as is"; or, 3) Seek proffers that include the clauses requested by staff. RECOMMENDATION: Staff believes that the outstanding items discussed on June 5, 2001 have been substantially addressed and supports the rezoning application (ZMA 01-03) and Proffers 1, 2, and 5. Staff requests that the Commission and Board of Supervisors determine the appropriateness of Proffers 3 and 4. If determined to be appropriate, the degree to which the office uses Should be restricted needs to be determined. I ATTAOHMENT A · ALBEMARLE: COUN DAGGETf ) RIO SQU E : ' RGINIA .~'~,, DE. LOPER: GROUP FAX: 8~/296=~040 . ..... ' T~ ~ 6 922 P~EL · ~ ~ ~T~ ~ ~4~. P~ ZONI~: R-8 ~ :. : D.B.6~ P. MAP :: - T~ ,}-2. P~EL 4A {RIO.-OF'WAY) ~ ' D.B.285 P~ 0.11 ~, 5P~R ZONI~: R-8 VICINITY , , D.B~7~ P,~ 1,82 ~, ~R ZONI~: R-6 I ., . NO SCALE -; D:e.~ ~.~ o.~ ~. P~ zo~l~: ~cKs: 2~' r~ ~ , 15' ~E S~ ! ' ~ ;ENE~ ~ON N~S 20' R~ ' -- L PR~R m ~U~ ~H!N ~ m~ "I~'OF'wAY' iNcLUDI~ CONN[~N TO ~ I~ ~O , ' EX~ ~, A ~ ~b BE O~NN~ ~M ~E ~IN~ ~ OF ~ATION ~C~: ~ ~S ~. THIS P~ ~ ~ ~Y NOT ~LY ~E~ ~E ~I~E~ OF ~E PERM,. · ~RE ~ OI~E~CI~ ~CUR.~E ~U~ OF ~E PE~ff SH~L G~N. j · * 2~ ~L PA~NO, ~ ~O ~TER~ ~O ~N~R~ U~ ~L CONFO~ ~ ~. . CUR~ S~O~S ~0 ~ OF ~ UNL~ O~E~SE NO~D. . ~ L~TION: "~ ~ ~ER~ ~ ~, ~ ~' 29, AT I~E~ON 3. E~ ~0 51LTA~N ~ U~HO~ S~ BE PR~D~ ~ ~E ~ THE ~ COUP, O~ER C~. ' 2~7 C~ ~ ~ ~ IS 2:1 (~IZ~). ~[~ ~Y ~, ~R SLO~ EX~I~ ; : ~' OF 4t OR ~ ~ TO ~ ~HI~. . : ~S: ~E ~.~ ~, ~ O~N Y~D ~ ~RED TR~S ~E:~~ ~RE~ ~ ~OlNEERI~, ~ ~E ~RE~'S ~NEE, ~lS DE~ED '~: 236 ~. 7. ~ ~S~ ~O ~ ~N~ PI~ ~ ~ R~ ~:HpE (~p). ~LOPM~: T~N~, SlN~ F~ILY R~IDENC~ ~ O~CES ; : lB T~HOU~S ~; , ~ ~VA~ ~R ~UNB PI~ i~ MU~ ~Y ~ ~ ~ FOR : ~ ~ , ' TH~ C~ ~NDU~ (29 cm P~ 192e). ~ ~E: E~!~ BUI~: 2,7 : N~ ~I~NGS: 24315 ,. WA~R ~0 ~ C~N Nm~ : PA~: 29,262 s,L* 20.0x~ ' ~ ' '' ., L ~ ~ BE ~ ~ i~pE~ ~ ~LE c~ ~CE ~ ~KS: 8.7~ S.F.* 6.0X~ I~. ~E ~OR ~L 8E RES~SI~ F~ ~ ~E P~ S~E ~N: ' 1.71 ~. 5~.4~ I ~ T~E: - 1.969 5.F. ~ · 2; ~E L~ ~ ~NG ~m ~ ~ UNE OF ~E P~ED ~ ~ ~T ; ; L~ *: i~LU~S ~X; 4,924 S~FIN ~T RIo~-OF~WAY .. ~C~y ~ ~ ~E P~ ~O ~ S~, ~E O~Y ~X~LY ~CT. ~E , , C~ S~ ON ~ ~ IN~ L~ ~ U~ND UNES ~O ~ ~ R~OE~ ~ ~o57 S.F. 03 UN~/~.) ' C~M~ OPEN Sp~E: ~.~8 &F. (~ ~ ~ ~ ~) .~ : ~ ' 4. ~U FOR ~ E~ATI~S SH~IN ~ OEO~ SU~. :: ' [MP~[S: 43 ~. 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'4 'l ' - %., ' -.~ ~xzfXz/X~:'' VDOT CG-2 (OR CG-6) CURB LSEE PLAN FOR LOCATIONS , ,y DOT s.- A ' ..~:?~..~\?~;.~?~?~)~?`.?(.[(;=;:~.:!(~:~:;.?~`~.`:~;(~!:~.~.T?~:~`.:~ 6" VDOT 21A SIDEvVALK& PAVEMENT DETAII. $C~LE: NONE SLOPE _ 2% SLOPE 4%± SLOPE (~TURN LANE SECTION SCALE: NONE I~0~.,: HYDRANT MUST KF..NNgOY ~UAROIAN (K-BIA) EQUIPP~ ya~ ~ARLO~S- MU~ ~RI~ (A-423) ~E ~IREADS ~l~ IS ~ ~ APPRO~D E~AL ~ ~E L~AL sr~o~o. I ~~% ~ wt~ BASE AND ~T ~H~R~T l$ L~A~ IN A ~ ~ M~ IN A~ INSTA~ ~ VAL~ ~REAO~ R~S IN AODi~ ~ P~RING OR AS~ALT COA~O CON~ SHALl, 8~ NOTE_: ·( [NCLUOIN~ DITCHES' ) ~M~ MAIN TO TH~ FtR~ HYDRANT ~ ~E ~A~ YAL~ iS ALLO~ N ~0ULD~ OR B~HINO ~ DIT~, IT I$ NOT A~O~ IN ~g o)~. STORM DRAINAGE STRUCTURES I.~O. I siA~us I rfPE ILENO~I TOP l S1-0~1 NV, IN I I~ 0uf I NOTES II ."g ~:' J ,~. I.~ l."~, ", J6 INEW I iQ" J 46 l- li,0%1506.60 . [50&14 JCt~$Slg~p I? INto I DI-39 J - IS14.~~ I. S0a.~4 t~79,~ |4D~.PR~cASrV~HOL~ !'o[~; I ,,- · , ~ I I I I .' I, I NO'I~rAmSl ~ laNG~ITOP/St0P[I ~. N IJNV. OUTIN0~S !.~_ iNN IA-U INEW J 9 NEW J le-C la~ 1 c J ~s~J ~,,-1 - so* ~ - J ae.~(a~)I ~ge.o~ t SERVICE LATERAL DETAIL SCALF.~ NONE ~ t HYDRANT ASSEMBLY DETAIl. SCALg: NONE - T ATTACHMENT 6-2. A DAGGETr & GRIGG ARCH ITECTS 1OO1 E. MARKET ST. CHARbO'FFESVILLE. VA VOICE: 804/971-8848 FAX: 804/296-.3040 I~ROJ ECT NO.: DATE: 0034 07-16-01 D~AW1NG NUMBER: C-2 7 REV: 08:20-01 -AUG, 6, 2001 COMM_-~-~' '~ I0'9I-£0 :3.LVO :'ON .LO3PO~d ~ GEORGE A. &r GRAC£ BULt. TM. S2A(1)~2-A \ \ PARCEL t5 · D,R, 385p. 157(plot) - '~ PRESENT USE: RESIDENCE · LOUIS B. ~ ~ O,B, 365 p, 157(ploO , MA~ARET PROFFI~ ZONIN D,~. 401 p 250 ~ TM. 62A(1)-2-A G: 2 PARCEL I 1 D.B. 585 p. 157(pl~f) ~: .,- ~N CAO PRESENT USE: RESIDENCE TM. PARCEL I0 385 p,~57(plo~) ..... D,B, 1428 p, 156 ' · ZONING: E2 ~ PRESERff~J S]L': RESIDENCE WAKEFIELD ~ . - TM. 62A(1)-2-A PARCEL 14 D.B, 385 p, 157(plof) ZONING: R2 GRETCHEN M. STELLING TM, 62A(1)-2-A PARCEL 15 D.B. 385 p~157(plof) 184.78 I \ ~ ~ MARY LOU MORRIS ~" ~ PARCEL I'2 ~ - (PARCEL 12A PER P~T) ?~ .. D.~, 412 p.326 ~'~ ~ D.B, 444 p ~WRENCE CASSADA ~ RANDALL L. ROLLEN ~. PARCEL O.B. 412 p,326(pfot) ' D.B, 1791 ~.~7 LOT 23 59 SF WAKEFIELD SUBDIVt$10N D.D. 385 p. 157 25~ SLOPE~' PARCELS 835-900 D.8. 504 p,587(ptot) CHARLO]TESVILLE CHURCH OF' THE BRETHREN TM, 62A(1) PARCEL 1 ZONING: R2 PRESENI USE: CHURCH _/ REV: 08-20-01 . AUG. 6, 2001 COMM ,IhNTS 1 O- 19-01 - OPEN SPACE REVISION ATTACHMENT A DAGGETf & GPdGG ARCHITECTS 1OO1 E, MARKET ST. CHARLOTTESVILLE, VA v01oE; 804/971-8848 VAX: 804/296-3040 [1 0034 07-16-0! C-4 01, :~l,~nN ONIM'v'~O I0-9I'£0 f~00 :3/~'O :'ON zo~roa,~ IZ SJ~XI~tI~I~IOD I00g '9 'DFIV' 10'0~'80 :A~tI SA~ON ./-¥0 ~£-J \ \ ~lU.qgNNI ~II'I1AHdOQ L~'l~ HrlN~riStA VlqO~INIV ~dH~qO .,L3Nb'~D .AUNSH. VINt0UL~ V3,U 3~IIdSJJ~t3ALS .IDNb'VO A~N3H .GDO~GOO'IB,, VI"IOJIIL,-~IVX StllCfJ.'¢ld 39nO3HOS ONIdVOSC]NV-I I I I t ' ATTACHMENT A R'I DAGGETI' ARCHITECTS 1001 ~". MARKET ST: CHARLOTTESVILLE. VA VOICE: 804/97t-8848 FAX: 804/296-,3040 ~--ROJEcT NO.: DATE: 0034 07~16,01 I~ RAwING NUMBER; A-1 Date: 11/20/01 ZMA # 01-003 Tax Map and Parcel Numbert Pursuant to Section 33.3 of th agent, hereby voluntarily prof rezoned. These conditions art rezoning itself gives rise to th, to the rezoning request. PROFFER FORM Original Proffer __ Amended Proffer x (Amendment# 6 ) }: TMP 62A1 Parcels 2-4, 2-4A, 2-5, 2(B)13 Acres to be rezoned from R-2 and R-6 to PRD Albemarle County Zoning Ordinance, the owner, or its duly authorized brs the conditions listed below which shall be applied to the property, if proffered as a part of the requested rezoning and it is agreed that: (1) the need for the conditions; and (2) such conditions have a reasonable relation Map 62A1 Parcels 2-4, 2-4A, 2-5, and 2 (B) 13 shall be in g__eneral acco_rd ' Daggett and Grigg Architects, titled "Rio Square Preliminary Site Plan" 1, C-2, C-3, C-4, L-l, and A-l), dated July 16, 2001 and last revised on eet A-l, the relative location and massing of the structures, landscaping, the of pitches are proffered as part of the Applicatiofl Plan for ZMA 01-03. is materials, jack arches, types of windows and first floor master bedrooms ting construction shall begin unless and until the Design Planner determines general accord with sheet A-1 of the Application plan.. quare footage of office use or the nmber of townhouse units on the r, footprints of the buildings and uses within the buildings shall be in general )n Plan and the parking provided for the office use shall be not less than 90% tired for that use, and the parking provided for the townhouse dwelling units , of the parking spaces required for that use, as these uses are defined in arle COunty Zoning Ordinance in effect on December 5t~, 2001. ~ with high parking demands, permitted uses of the property, and/or uses permit, shall include only those uses allowed in Section 23 Commercial ounty_Zoning Ordinance in effect on December 5th, 2001, a copy of the ~ereto, except the following: ion of 23.2.1.2); ; purpose or primary activity is providing: ad/or storage, subscription and/or credit card transaction processing; or, ff sales and/or order processing by telephone, mail order, internet, catalog r similar medium; or, TM 62A1, Parcel 2-4, 2-4A Lloyd F. Wood, Jr. Printed Name of Owner TM 62Ai, Parcel 2-4, 2-4A Patricia E. Wood TM 62A1, Parcel 2-b-13 Dale R. Sadler 1. The development on Tax with the plan produced bi (title sheets and sheets C- August 20, 2001. On Sh building roof lines, and r{ Final design details such are not proffered. No buil that the architecture is in 2. The owner may vary the ~, Application Plan; howeve accord with the Applicati, of the parking spaces req~ shall be not less than 40~ Section 4.12 of the Albe~ 3. In order to limit office u~ authorized by special use Office of the Albemarle £ section(s) being attached a. Dentist offices (a pot b. Churches; and c. Businesses whose sol i) Data entry a ii) Solicitation sales or othe iii) Mailing list ?re,~aration. S1 ~,gna~of Owner '/ ' TM 62A1, Parcel 2-b-13 Florence Sadler Date 12-03-01 A09:38 IN l-ferbert L. I2Ia~low, Att°t ney-in-Fact TM 62A1, Parcel 2-5 Herbert L. Harlow TM 62A1, Parcel 2-5 Mary E. Harlow TM 62A1, Parcel 2-5 Russell L. Harlow Tax Map #62A1-02-00-00500 KNOW ALL ~v of Fayetteville, Georgia, make, Charlottesville, Virgin/a, as my stead, to do all things and acts necessary, incidental, or retatet to the appropriate governmentz governmental approvals of, or and made a part hereof, and in of said property, to sign any co documents or papers; to pay an instrument; to pay off and relea incidental to said transaction; tc foregoing transaction; to perfo~ any contract for the sale, or ex¢ things in relation to all or any p acting personally. This Power ofg incapacity and all acts done by disability, incompetence, or inc disability. I hereby ratify and c( PECIAL POWER OF ATTORNEY :~N BY THESE PRESENTS: That I, RUSSELL L. HARLOW, :onstitute and appoint HERBERT L. HARLOW, of the City of true and lawful attorney-in-fact, for me and in my name, place and ahich I might or could do if acting personally, which are in any way to the sale, rezoning (including the makj. ng of proffers · authority), and t_he seeking and obtaining of. any and all 'elated to the property described on Schedule A attached hereto, ."urtherance of the foregoing, to negotiate on my behalf for the sale 2tract, deed, certificate, license, application, and/or other y fees required for the recordation or other filing of any se any lien encumbering the property and to pay any other costs endorse any checks which may be payable in connection with the n any act necessary for the final closing under or performance of range of said property; and to do all such other acts, matters and ~rt of or interest in said property as I '"~'" ' ~ m5 o¢,~ rmght, or could do if ttorney shall not terminate on my disability, incompetence or ny attorney-in-fact pursuant to this Power of attorney during such pacity shall bind me as fully as if I were not subject to such nfirm all lawful acts done by my said attorney-in-fact by (This document prepared by Fefl. Pertit & Williams. ] ZL.C.) virtue hereof. This Power of) of the Commonwealth of¥!rgi W'[TNES S the 2001. STATE OF GEORGIA, The foregoing S L. Hartow on this,~7 day of_' My Commission Expires: No .(SEAL) ttorney shall be governed by and construed according to the laws aia bllowing signature and seal this .,7 '7 day of. .:_-.. ~ .. ,,. -f,;~_~:r,~,(SEXL) RUSSELL L. HARI_flW 'e_.'~ ~z~t~rl4u , to-wit: I 1 ~ecial Power of Attorney was acknowledged before me by Russell ~v~ 4..0 ', 2001 Public, Fay~tt~ County, ~i~ Notary Pubic ~ SCHEDULI All that certain appurtenances thereto identified as County T~ 1.824 acres, more or le~, R. O. Snow, CLS, entit (Rio Road) about 1.0 rr 2-2-84, a copy of whicl A TO SPECIAL POWER OF ATTORNEY OF RUSSELL L. HARLOW :act or parcel of land, with improvements thereon and elonging, located in the County of Albemarle, Virginia, Map and Parcel Number 62A1-02-00-00500, containing and more particularly shown on plat of a survey made by ed "Plat of 1.824 Acre Parcel Located on State Route 31- i. south of U.S. Rt. 29, Albemarle County, Vir~nia, dated plat is attached hereto and made a part hereof as "Ext~ibit PLA?' OF f 824 ACRE t?.qRC.r:jL LOCATED ON S'F RT 631 - (RIO ,r?O.4D ) ABOUT I 0 MI SOUTH OF US /7, T 29 ALBEivlARLE CO[INTY', VIRGINIA SCALE '1 "= 50' DATE / 2- 2 - 84 824 ACRES TOTAL / z'flF~ C.)URT ~SSO¢¢4rE'$ Z' B 504' 58r ~'k4r Date: 11/06/01 ZMA # 0t-003 Tax Map and Parcel Number(s): Pursuant to Section 33.3 of the 3 voluntarily proffers the condition proffered as a part of the requeste conditions; and (2) such conditic 1. The development on Tax M~ produced by Daggett and Ca PROFFER FORM MP 62A1 Parcels 2-4, 2-4A, 2-5, 2(B)13 3.15 Acres to be rezoned from R-2 and R-6 to PRD ATTACHMENT B Original Proffer __ Amended Proffer (Amendment # 5 X ,bemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby ; listed below which shall be applied to the property, ifrezoned. These conditions are d rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the ns have a reasonable relation to the rezoning request. p 62A1 Parcels 2-4, .2-4A, 2-5, and 2 (B) 13 shall be in general accord with the plan gg Architects, tared R~o Square Prelmunary S~te Plan (title sheets and sheets C-I, C- 2, C-3, C-4, L-l: and A-l), dated July 16, 2001 and last revised on August 20, 2001. On Sheet A-l, the relative location and massing of the ~ ,tmcmres, landscaping, the building roof lines, and roof pitches are proffered as part of the Application Plan for ZI~. A 01-03. Final design details such as materials, jack arches, types of windows and first floor master bedrooms are r' t proffered. No building construction shah begin unless and until the Design Planner determines that the architect 2. The owner may vary the squ however, footprints of the b~ Plan and the parking provid, use, and the parking provide required for'that use, as thcs on December 5~, 2001. 3. The office uses shall not ha~ 4. A minimum of 10,000 squa~ from 8 a.m. to 5 p.m., Monr stated hours of operation. 5. In order to limit office uses special use permit, shall inc Zoning Ordinance in effect following: a. Dentist offices (a portk b. Churches; and c. Businesses whose sole i) Data entry am ii) Solicitation ot similar mediu iii) Mailing list pi re is in general accord with sheet A-1 of the Application plan.. ire footage of office use or the number of townhouse units on the Application Plan; ildings and uses within the buildings shall be in general accord with the Application ~d for the office use shall be not less than 90% of the parking spaces required for that d for the townhouse dwelling units shall be not less than 40% of the parking spaces uses are defined in Section 4.12 of the Albemarle County Zoning Ordinance in effect 'e 24-hour operations. e feet of office use shall limit hours, during which they are open to the general public, ay through Friday. "Open to the general public" shall be defined as the business's ~th high parking demands, permitted uses of the property, and/or uses authorized by adc only those uses allowed in Section 23 Commercial Office of the Albemarle County m Dece~nber 5th, 2001, a copy of the section(s) being attached hereto, except the of 23.2.1.2); purpose or primary activity is providing: L/or storage, subscription and/or credit card transaction processing; or, sales and/or order processing by telephone, mail order, internet, catalog sales or other I1; or, eparation. Printed Names of All Owners Printed Name of Attomey-in-Fact Date OR Signatures of All Owners Signature of Attorney-in-Fact 12 ATTACHMENT C ' STAFF PERSON: PLANNING COMMISSION DATE: BOARD OF SUPERVISORS DATE: ZMA 01-03 RIO SQUARE SP FOR PROFESSIONAL OFFICE IN PRD REQUEST FOR COOPERATIVE PARKING WAIVER MICHAEL BARNES JUNE 5, 2001 JUNE 20, 2001 Ar~olicant's Proposal: The applicant, The Kessler Group, has proposed a mixed office-residential development for three properties at the comer of Wakefield Road and East Rio Road. A Special Use Permit is required for the office use in the residential district. The development would retain the two homes currently on Wakefield Road and add an additional home between them. It would also add two office buildings along Rio Road. The smaller office building would be two stories. The larger building would be three stories. Combined, the two buildings would, have an approximate total of 18,000 square feet. Behind the offices, the proposal calls for three townhome blocks with an approximate total of 22 units. Including the three homes along Wakefield, the development would have a maximum of 25 dwelling units (see conceptual plan- Attachment A). This proposal represents the maximum number of dwelling units and office square footage that the applicant would build. The applicant has stated they may reduce either the number of units or office square footage at the site plan stage depending on the market and the amount of parking that the Planning Commission allows to be held cooperatively (see Applicant Letter - Attachment B. Their intention is to retain the general footprint and location of the buildings as proposed on the concept plan. Petition for Rezoning and Special Use Permit: The applicant requests to rezone 3.04 acres from Residential R-6 and R-2 to Planned Residential District to allow for townhomes, single family detached homes, and offices. The properties, described as Tax Map 62A1 Parcels 2-4, 2-5, and 2 (B) 13, are located in the Rio Magisterial District on Rio Road [Route 631 ] at its intersection with Wakefield Road. The Comprehensive Plan designates this property as Urban Density (6 to 34 units per acre) in Neighborhood 2. The applicant also requests a special use permit for professional offices in a PRD district under Section 19.3.2 (9). Request for a Cooperative Parking Waiver: Under Section 4.12.4, the applicant has requested a waiver to the required number of off-street parking spaces required under Section 4.12.6.6. Character of the Area: The properties are on Rio Road East, which in this location has four travel lanes and a center turning lane. The Church of the Brethren is situated across Rio from the project site. The entrance for the project will line up with the Church's entrance. To the east, the Fountain Court Condominiums back up to the proposed townhomes. At present, there is a row of white pines separating the proposed townhomes from the condominiums. The southern and western sides of the project site are a part of The project includes the firs slopes down from Wakefiel Zoning and Subdivisior There is no recent history o: Bv-ri.~ht Use of the Prol T~ Map 62A1 2 (B)13 is: conventional dwelling unit; dwelling unit is possible. Tax Map 62A1 Parcels 2-4 an additional 14 dwelling u dwelling units are possible. In total, the three properfie~, for a total of 25 dwelling tn Applicant's Oustificatio The applicant has stated th~ Development Area to achi¢ developments. Recommendation: Although this project has due to the need for additim Comprehensive Plan: The Comprehensive Plan d proposal is for 25 units on the recommended density. The Comprehensive Plan ~ recommehd that sidewalks proposal includes sidewal~ Staff has also analyzed thi~ Plan as well as with the 12 identified below and highl 12 principles of the Neighl · Pedestrian Orientation · Neighborhood Friendl' · Interconnected Streets' · Parks and Open Space · Neighborhood Centers · Buildings and Spaces, · Relegated Parking he Wakefield subdivision. This subdivision contains brick ranchers. t two houses on the southern side of Wakefield Road. The entire site Road toward the condominiums. History: ?rezonings or subdivisions for these properties. 3erty: :oned R-2 and is 0.382 acres. The property is too small for another however, using the Ordinance's bonus provisions, an additional and 2-5 are zoned R-6. Together, they are 2.77 acres and could have aits. Using the Ordinance's bonus provisions, an additional 5 could have 23 dwelling units under current zoning. This request is fits, plus the professional offices. n for the Request: Lt the project will redevelop under-utilized land within the ve the County's goal of creating higher density, mixed-use tany positive aspects, staff cannot recommend approval at this time information. esignates this area as Urban Density (6-34 dwelling units/acre). The 3.01 acres or 8.3 units/acre. The project is within the lower range of ocs not directly address this property or stretch of Rio Road. It does be provided in conjunction with all major road improvements. The .s along Rio Road as well as sidewalks internally. ~ proposal for conformity with other sections of the Comprehensive ~rir~ciples of the Neighborhood Model. These principles are ighted within this section for context within th~ Land Use Plan. The )orhood Model are as. follows: ~ Streets and Paths and Transportation Networks )f Human Scale 14 · Mixture of Uses · Mixture of Housing Types and Affordability · Redevelopment · Site Planning that Respects Terrain · Clear Edges Land Use Standards for Designated Development Areas (General Land Use Standards pp. 20 - 22 of the Comprehensive Plan's Land Use Section) 1. Deve~~pment sh~u~d be c~ncentrated and c~ustered t~ pr~tect envir~nmenta~ features. (Parks and Open Space; Site Planning that Respects Terrain). The site does not contain any sensitive environmental features such as springs, critical slopes, streams, etc.; however, there is a steep gradient falling away from Wakefield Drive towards the Fountain CoUrt Condominiums. This slope affects how the site can be developed. The concept plan attempts to reconcile the goal of high density with the need for a recreation area by utilizing 2:1 slopes to carve out a flat area between the 6-unit townhome and the single- family detached dwellings. Staff's preference would be for slopes flatter than 2:1; however, without either using retaining wall or reducing the density, this cannot be achieved. Staff believes that the applicant should increase the amount and quality of the plantings proposed so that all 2:1 slopes are heavily vegetated. This will protect the slopes from erosion and provided for buffering between the buildings. 2. Maintain existing forested areas acting as buffers between subdivisions. The applicant has not proposed retaining many of the trees along the boundary with the Fountain Court Condominiums. The developer will need to grade the area to install the sewer connections to an off-site line. Staff recognizes that screening between two similar uses is not a requirement in the Ordinance. However, to create privacy between the backyard of the developments, the applicant should either retain as much of the vegetation as possible or replant trees and/or a hedge line on the slope between the condominiums and the proposed townhomes. If the applicant fails to do this, the residents of the townhomes and condominiums will have a direct view into each other's homes. 3. Limit access points to minimize the impact of development on major roads. The applicant has pro.vided a single entrance offofRio Road and a turning lane. These two measures will minimize the impacts to Rio. 4. A sense of community should be maximized by providing connections between developments; such connections may provide for additional recreational facilities, increased open space area, bicycle/pedestrian links, improved public transit, emergency access, and access to schools, parks, and other public facilities. (Pedestrian Access and Interconnected Streets and Transportation Networks) The applicant has demonstrated that the creation of a second vehicular entrance off of Wakefield Road into the bulk of thc development would be difficult. The slope and the County's limitation ora 5% grade within the parking lot and 10% grade for travelways severely limits the layout possibilities. Sidewalks are provided both intemally and along the public roads. Staff does recommend that the applicant provide addition walking paths internally. Staff has three specific recommendations. The first is a set of stairs leading down from the single family detached homes to the recreation; second is a path leading back along the proper~ connecting the front of These paths will increa~ Finally, the applicant h; the unifying feature to 1 with defined amenities. which specifies that Ph space. The applicant h: 5. Provide for ultimate fui reservation of adequat~ consistent with planner pedestrian modes (Ped Networks). Rio Road is already fo~ foresee the need for im project should ease its sidewalks along Rio R, 6. Underground utilities Underground utilities' 7. Features to prevent im The project ~tas propoi quality: 8. Building orientation sJ exclusively in front of, Parking) On the plan, there are' has not provided a co~ more d~tails as well as on the concept plan an 10. Staff has suggested th: would be facing Rio 1~ facing the parking lot. suits their needs becat building will have a sl Where site illuminatic Any illumination of ti Ordinance (Section 4. Historic buildings shr Abandonment) .1 area. These stairs could be as simple as landscape timbers. The west from the recreational area across the 2:1 slopes and looping line to the back of the parking lot. The third is a sidewalk he "L-shaped" office building to the sidewalk along Rio Road. e the connectivity of the site and sense of unity. ts shown a recreational area on the plan. It appears to be offered as he development, but is not well articulated either through access or The recreational area also appears designed to meet Section 19.6.1, nned Residential Developments must have a minimum of 25% open is failed to demonstrate that they meet this requirement. ure transportation improvements and new road locations through the right-of-way and by designing and constructing utilities in a manner transportation improvements, including auto, bus, bicycle, and estrian Access and Interconnected Streets and Transportation ' lanes wide with a center turning lane.and bike lanes. Staff does not .,reased right-of-way along Rio. The addition of a turning lane to the impacts on traffic flow along Rio. The applicant is also providing lad. hould be provided in new developments. rill be provided to all new buildings. ,act from impervious surfaces on water quality should be provided. fl stormwater management structures to alleviate its impact on water ~ould be to public streets; parking areas do not need to be located 5uildings. (Buildings and Spaces of Human Scale; Relegated ,wo office buildings that will be seen from Rio Road. The applicant cept for the buildings' fagades. However, they are willing to provide building elevations if the Planning Commission signals a willingness d the cooperative parking waiver. tt the "L-shaped" office building be "flipped" so that its longest edge .oad. This would allow the applicant to provide an interior green space However, the applicant has argued that the proposed orientationbest .se of site constrains and topography. They have stated that the feet fagade and an entrance in the "crotch of the L-shape." n is proposed, down-directed and shielded lights should be used. ~e site will have to meet the requirements of the Outdoor Lighting 17). uld be adaptively reused. (Redevelopment rather than The project proposes to renovate the two homes along Wakefield. The third home, interior to the three parcels, will be removed. 11. The phasing of developments should match service and infrastructure availability and capacity. Water and sewer service is available to serve this development. 12. Overall development density shouM be as high a level as is practical. The Land Use Plan designates this area as Urban Density (6 to 34 units per acre) 3 - 6 dwellings per acre. At slightly over 8 dwelling units per acre, the development is in the lower end of the range. The 18,000 square feet of professional office diversity and intensity of uses on the site. 13.'The integrity of adjacent residential areas shouM be maintained through use of buffering, screening, and separation of adjacent non-residential uses. In this mixed-use development, the ability to meet this objective is difficult. However, while non-residential, the proposed office use in not necessarily incompatible. If the applicant provides building elevations, it will be easier to assess if the office component is aesthetically compatible with the townhomes. 14. Developments shouM be designed with an internal orientation to foster a sense of place and avoid the image of continuous suburban sprawl. (Buildings and spaces of Iluman Scale) While the developer has indicated that the offices will provide a street fagade onto Rio, the development's primary activities will be internal to the project.' The parking is relegated to the interior and most of the activity will be associated with the vehicles. The plan could benefit from a centrally located green space instead of providing a recreational area behind the townhomes. However, the grade restrictions on travelways and parking lots combined with the slope limit the ability to move buildings to in such a manner that would allow for a large, centralized green area. 15. Provisions shouM be made for innovative design that reduces housing costs. (Affordability with Dignity) No information is provided regarding design of the development in a way that reduces housing costs. However, this development, because of the townhomes, represents an excellent opportunity to provide for affordable housing. 16. Lot design and residential layout should be based on a rational use of land that reflects topographic and other physical features rather than massive grading to eliminate or counteract those features. (Site Planning that Respects Terrain) The plan does proposed several areas of2:1 slopes. The 2:1 slopes dominate the area between the 6-unit townhome and the single-family houses. There is also a 2:1 slope behind the 8-unit townhome buildings. However, the site plan must contend with a significant slope. Staff feels that the plan manages the sloping site without long 2:1 slopes. Staff has also requested that the 2:1 slopes be heavily vegetated. Staffbelieves that these two measures will mitigate any negative aesthetic or water quality impacts resulting from these slopes. Finally, there is a degree of trade-off in intensely developing this site. It is located on a major road artery and the office uses are well suited along this stretch of road. The increased density is also well suited for this stretch of road. If the site's slope is major controlling factor in design, then th~ significant way. Specific Standards for Re Densities and Relationships In rezoning deliberations, tJ development, contain most j rural development pressure rezoning to the upper end o should favore i even if ti The proposed development, increases the residential de~ Maintenance of the integrit. screening, and physical se£ Neighborhood Model sugg~ not mandatory. Architectu~ compatibility.] The appIicant is using the For larger developments, l~ setback, dwelling unit type, should be employed as a d~ within the larger developm developments. (Buildings: The plan provides most of slope is a limiting constrah green space. :To remedy th pedestrian connections to.t proposed amenities for thh Specific standards for eo~ These standards are as fc A. Commercial zoning di.~ and the Urban Area. Areas should be inclua This~rezoning is propo; B. Highway-oriented corn access points. Highwc should utilize service r intersections on highe~ commercial developm~ topography to allow u~ The office component parking and limits the C. Rezoning to a commer accomplished under a density might have to be reduced in order to minimize the 2:1 in a idential, Commercial and Industrial Land Uses (Residential to Other Land Uses; Residential Development Design, pp. 22-23) ~e county should be mindful of the intent to encourage infill itture growth within the designated Development Areas, and avoid Unless contrary to matters of public health and safety, residential C the Comprehensive Plan recommended land use density ranges e density exceeds that of surrounding developments. although it is at the lower end of the density range, significantly Lsity and diversifies the uses. ~ of residential areas should be accomplished using buffering, aration of adjacent nonresidential uses. (Mix of Uses) [No~-e: The ~sts that a major separation of residential and nonresidential uses is · al and landscape features can and should be used to achieve ~ce buildings to screen the dwellings from Rio Road tyout and design should provide for varying building orientation and facade treatment, and lot size to avoid repetitiveness. Open space .sign feature to establish and define smaller neighborhood areas vnts. The PRD/PUD approach is particularly applicable for larger tnd Spaces of Human Scale) :he open space to behind the buildings. However, as stated above, the tt to a more creative design, which would allow increased interior is lack of centralize open space, the applicant needs to provide more .~e proposed recreational space. They also need to better define the recreational area. nmercial development in the Land Use Plan also apply to this site. llows: tricts should be permitted only in designated Villages, Communities )nly limited supporting commercial uses-appropriate to the Rural ed in the Rural Areas zoning provisions. (Clear Edges) ~ed for Neighborhood 2 that is part of the Urban Area. mercial development should be located in clusters with common y-oriented commercial development not located in such clusters aads or shared access with adjoining sites to minimize the number of volume roads. To encourage this approach, areas designated for [t should not be less than three acres and should be of reasonable ,ified access. is not of a highway-orientated nature. The plan also relegates the ~otential for a "strip" appearance. '.ial designation for sites of three acres or more should be ~lanned approach accompanied by traffic analysis. A traffic analysis was not performed. VDOT and the County staff have agreed that the mm- and-taper lane and a single entrance will limit the impacts to Rio Road. D. Commercial uses adjacent to residential areas should be effectively buffered and screened in accordance with zoning regulations. Generally, commercial office uses should be employed. as transitional areas between residential development and heavier commercial or industrial areas. Any uses (including commercial office uses) allowed adjacent to residential areas should be compatible in operational aspects, and any potentially objectionable aspects should be adequately addressed at rezoning. The applicant is willing to provide building elevations if the Planning Commission signals a willingness to accept the site layout and the cooperative parking arrangement. Staff will be able to coordinate these elevations with the plan to determine any potentially objectionable aspects between the offices and the dwelling units. E. Mixed commercial and residential areas as well as mixed uses within buildings should be encouraged as land and energy-efficient developments, along with infill of existing commercial areas. (Mixture of Uses and Centers) The proposal provides a good, general development concept for a mixed-use, in.fill project. F. Commercial uses should locate in areas where public utilities and facilities are adequate to support such uses. Upgrading'and extension of roads, water, sewer, electrical, telephone, natural gas systems, and community facilities should be considered in review of a commercial rezoning request. Utilities are adequate to support this proposal~ STAFF COMMENT' Analysis of the Rezoning Relationship between the application and the purpose and intent of the requested zoning district The PRD district is intended to promote economical and efficient land usc, an improved level of amenities, appropriate and harmonious physical development and creative design. Staff believes that the high density proposed in this development is consistent with the district's intent. The applicant has also creatively used the office building to shield the dwelling units from Rio Road. They have also sought minimize the amount of parking through a cooperative parking waiver and proposed proffers. However, the applicant needs to further define the amenities in the recreational area and open space. It is important to understand what amenities that can be expected for future residents. Public need and justification for the change The Neighborhood Model calls fOr increased density and high quality design on infill sites. This proposal takes the right approach by defining the specifics at the rezoning stage. Many of these specifics meet the goals of the Model. Anticipated impact on public facilities and services Water and Sewer - Water and sewer service is available to the property. Roads - The traffic impact will bc minimized by the turning lane and use of a single entrance. 19 Stormwater man~ this proposal. The~ residential develop~ Anticipated impact on No impact is expected ¢ Anticipated impact on The developer has wor~ maintaining single fami If the applicant can sho' they have the possibiliV. to'ames backing up between the two sites. two developments. Analysis of the'Special Ordinance: The Board qf Supervisors ] pei,nitted hereunder. Spec upon a finding bY the Boar adiacent propertv, The proposed offices shot/ street is buffered from the even augment the streetsca that the character of the & The project will dramatica and Rio Roads. However, and has made attempts (e.l and that such use will be.i The offices will have a 25. across Rio Road. This wil required under Section 21 believes that the reduction Model by bringing the bui with the uses permitted bY An office component is a with additional regulatior No regulations of Section and with the public healtt This project does not app, _~ement - Stormwater management plans were submitted as part of ' appear to be feasible at this conceptual'stage. [ fiscal analysis has been performed (Attachment C). As with most nents, the model shows a negative return to the Cotmty. natural, cultural, and historic resourees nnatural, cultural or historic resources. nearby and surroundin~ properties .ed to meet the concerns of the residents along Wakefield Drive. By ly detached units on this street, the impacts will be greatly mitigated. ~, that the building fagades along Rio will be pleasing and compatible, ~ of augmenting Rio streetscape. Staff remains concerned that the so'closely to the condomimums could present a visual problem .a~gain, staff recommends some sort of vegetated buffer between the Use Permit as related to Section 31.2.4.1 of the Zoning ereb¥ reserves unto itsel_f the right to issue all special use permits ial use permits for uses as provided in this ordinance may be issued t of Supervisors that such use will not be of substantial detriment to t not adversely affect adjacent properties. The church across the uildings bY the width of Rio Road. The three-story building may ~e along Rio by providing more of a presence along the road. trict will not be changed thereby, [ly increase the density and intensity of use at the comer of Wakefield the project is in line with the principles of the Neighborhood Model ,~., street trees, walls, sidewalks, etc.) to soften its impact~ ~ harmony with the purpose and intent qfthis ordinancej .foot setback to match the setback of the adjacent residential setback 1 be less than the normal 30-foot setback for Commercial developments 7.1. This reduction is in line with Section 19.9.1. Furthermore, staff will have no ill effect and will be more in line with the Neighborhood ldings closer to the road. right in the district, :omplement to the residential use in the area. ~ provided in Section 5. 0 qfthis ordinance, 5.0 have a bearing on the office or residential components proposed. , sa_fetv and general welfare. ,~ar to adversely effect the public health, safety and general welfare. 2O Cooperative Parking Waiver Analysis: The applicant has requested a waiver, under Section 4.12.4, to the required number of off-street parking spaces required under Section 4;I2.6.6. The applicant has proposed a maximum 22 townhomes and 18,000 square feet of office .space. The parking ordinance requires 2 spaces for each townhome and one space per 250 square feet of office space. Thus, under the ordinance, this development would be required to provide 44 spaces for the residences and 72 spaces for the office component for a total of 116 spaces. The applicant has proposed 78 spaces. Staff supports the waiver for two reasons: a parking survey (explained below) and the apphcant's proposed proffers that will prohibit users with larger parking needs. The applicant, under direction from both the Zoning and Planning Departments, performed a non-scientific survey of four townhome developments and four office parks. The applicant counted the number of cars in these developments and compared them against the number of spaces required by.the ordinance. Their observations were broken down into five categories according to time of day and day. The categories are as follows: weekday morning, weekday lunch, weekday afternoon, weekday after 5 p.m., and weekend. Results from the survey focused on weekday, normal business hour parking space utilization because staff recognized this time period as having the greatest potential for over utilization by both use categories. Data from the survey shows that for townhomes the highest weekday, normal business hour utilization was on average 39% during the morning period (see Exhibit 1 below). This average for parking utilization in townhome developments is close to the highest, individual observation for a weekday, normal bUSiness hour utilization - 43%. Exhibit 1 -Average Parking Utilization broken down by Normal Business vs. Non-Business Hour Normal Business Hours (8-5) Weekday 8AM - 10AM Weekday 10AM - 1PM Townhomes 39% 29% Commercial 44% 62% Weekday Work Day 2PM - 5PMi Average 29% i 33% 64% ' 57% Non Business Hours Weekday Weekend 5PM-8AM 49% 44% 14% 6% The averages of commercial weekday, daytime utilization in Exhibit 1 is misleading. The average does not get above 64%. However, an examination of the individual observations shows that out of the 95 observations, there were 3 times when the more than 90% of the commercial parking was being taken up and 12 times when utilization was equal to or greater than 80%. Based on the data, the Zoning and Planning Departments recommend a reduction of the minimum parking to the Planning Commission for this development. Staff feels that the applicant should provide a minimum of 40% of their townhome parking requirements and 90% of their commercial parking for the offices. If the 40%/90% rule is applied to the current proposal of 22 townhomes and 18,000 sq. ft. of office, then the development would not meet the parking requirements suggested by staff because 82 parking spaces would be required. The plan proposes 78 spaces. The developer in his letter to staff has recognized this problem (see Attachment B). To solve the problem, he is willing to either cut the office square footage to 16,500 or cut the number of townhomes down to 21 14 or provide for a smaller rule, he estimates that the e' and 17,500 square feet of c, buildings will roughly rem~ To add an additional layer utilization, the developer hl commerc, ial uses that the Z, parking-intensive uses are Businesses that hay Dentists Service industry b~ that sell, service, o~ mail. Examples of SUMMARY: :ut from both the office and residential uses. Using the 40%/90% ~entually composition of the development will be 18 residential units )mmercial office. Please note that the footprints and location of the ~in the same. >fprotection against parking conflicts that could arise from over ts proposed a proffer. This proffer would prohibit some of the ming Department has identified as "parking-intensiVe." These ts follows: company vehicles parked overnight on-site. sinesses that have a high number of employees, such as companies process the sale of goods and services via the telephone, interact or this would be Value America. Staff looks favorably on th is project. It offers a mixed office-residential project that maximizes the site and minimizes the provided parking. Our reservations for a r.eco~.endatio.n, s of., ~ approval at this time fall il{tO three main categories. The first is a senes of discrete hems mat siaould be added to the pla~a: These items are listed in the Recommended Action SecU.on..T.h.e proposed, but undefined, l~roffers represent the second reservation; The final reservation is me exterior appearance of buildings. The applicant has suggested that they are willing to provide most if not all of the infon nation required to settle staff concerns if the Planning Commission signals a willingness to ac,:ept the concept plan and the cooperative parking arrangement. If the Commission gives directk,n on these two issues, then the staff and the applicant will work out the details and remm to th Commission for final comment and conformation. Staff has' identified the fol 1. The project provid 2. The applicant has, density and mixtm 3. The applicant has maintained the ch~ 4. The density range Staff has identified the 1. The applicant has 2. The applicant has 3. The applicant has have not been full revision pending )wing factors that are favorable to this request: es for a mixed-use, high-density, infill development. temonstrated that they can provide parking for a development of this e of uses. >een sensitive to the Wakefield Neighborhood's concerns and has ~racter of the street. is within the range proposed by the Comprehensive Plan. lowing factors that are unfavorable to this request: not define the design or appearance of the buildings along Rio Road. not fully addressed a number of.design issues. proposed proffers; however, they have are not in a final format and ~ reviewed by staff. Furthermore, the proffers may need further ~lanning Commission feedback. 22 RECOMMENDED ACTI ON Staff cannot recommend approval of the rezoning at this time because of outstanding issues. recommended that the Commission ask the applicant to address the following issues: 1. Clarify the proffers. It is Define the design or appearance of the buildings along Rio Road. Define the intended uses in the recreational area. Provide pedestrian path from the recreation area to the west, behind the townhomes, to the parking area. Provide a means of access down the 2:1 slopes from the single-family detached homes to the recreation area. Provide a sidewalk between the large office building on Rio Road. The applicant needs to demonstrate the proposed setback lines between the single-family detached homes and the other building if they wish to subdivide this home off at a later date. 9. 10. Demonstrate and reserve the 25% open space required under Section 19.6.1. Provide landscaping on all 2:1 slopes. Provide a buffer between the proposed townhomes and the Fountain Court Condominiums. If the Planning Commission approves the rezoning of the Rio Square proposal, Staff recommends approval of the Special Use Permit to allow for Professional Offices in a Planned Residential Development in accordance with Section 19.3.2(9) of the Albemarle County Zoning Ordinance. Staff is supportive of the waiver for cooperative parking waiver in accordance with Section 4.12.6.6 of the Albemarle County Zoning Ordinance. If the Planning Commission approves the rezoning for the Rio Square proposal, staff recommends approval of the cooperative parking with the following condition: 1. The applicant shall meet 40% of the required parking for the townhome units and 90% of the required parking for the offices. Attachments: A - Application Plan B - Applicant's Proposed Proffers C - Fiscal Analysis 23 ~P APPROX., '6 TOWNHoti~S .- . '' 13.200 ~ GROSS ATFACHlV~NT DAGGETF & GRIGG ARCHITECTS tOO1 ~:, b~ARKI~' ST, CHAP, LOTTES'VI ~,L~, VA VOICE: B~/971-B~B FAX~ ~/29~3040 PROJECT NO,: DATE: 0034 05-10-01 DRAWING N Ul,,/l[I ER: Mr. Michael D. Barnes Planner Department of Planning and 401 Mclntire Road Charlottesville, Va. 22902 Dear Michael: As I understand our most re proffer or otherwise, regardi 1. You would lik 2. You would Ilk 3. You would lik allowed to lea, primary busin~ telephone, mai America and We would be happy to spe, discussed of 40% of the nor Net of the three detached lo square feet of office space. the detached lots: 22 residential un Total spaces Reserved for: Available for Gross office s 14 residential uni Total spaces Reserved for Available for Gross office Therefore, net of the detacln office space the shared par} units and 17,500 gross squa With respect to the limitati~ should take into account th: still remains parking space for 100% of the residential With respect to limiting ty[ as Value America and Qual most likely would use som~ your definition. Based on fl generate a parking problem I hope the above addresses Sincerely, ATTACHMENT B Community Development ent conversation relative to Rio Square, you want some agreement, whether by ng the below listed items: a density range specified for the residential and office components. a limitation on hours of operation for the office use of 8 AM to 5 PM. to specifically prohibit dentist as an office use, require that office users not be company vehicles on site overnight, and specify that "Businesses whose ~ss function is service or sales or processing of goods and/or services via or interact" not be allowed as office users. Specifically you referenced Value }ualchoice as types ofnsers that would fit that description. ? a range of density conforming to the shared parking arrangement we xml residential requirement plus 90% of the normal office requirements. :s, the plan submitted shows 78 parking spaces, 22 residential units and 18,000 Ne would propose the following density ranges, or range in mix of uses net of ,s/16,500 gross square feet of office = 78 · esidential during weekdays (44 spaces x 40%) = 18 office use during weekdays = 60 quare feet (1 space/250 square feet/90%) = 16,667 :s/18,000 gross square feet of office = 78 · esidential during weekdays (28 spaces x 40%) = 12 office use during weekdays = 66 quare feet (1 space/250 square feet/90%) = 18,333 ed lots, we could have between 14 and 22 residential units and the amount of ing agreement would allow. My current expectation would be 18 residential re feet of office space. ~n on office hours, we would be willing to agree to some limitation, but feel it Lt even with 100% of the residential spaces occupied for residential use there For office use. We feel a more appropriate limitation would be one that provides ~arking requirement being available before 8 AM and after 5 PM. .~s of users, we would be happy to exclude dentists and high parking users such choice, but we are reluctant to agree to the specific language you propose. We ~ of the space for real estate sales and are concerned this use may fall within te data we provided you we are confident a real estate sales use would not l~e issues you raised. If not, please advise. October 25, 2001 Malcolm Meistrell The Kessler Group P O Box 5207 Charlottesville, VA 22905 RE: ZMA-2001-003 Rio Dear Mr. Meistrell: The Albemarle County Pla1 above-noted petition. Ther( ALBEMARLE COUNTY PLi ALBEMARLE COUNTY BO If you have any questions, Sincerely, Planner // MB/jcf Cc: El y COUNTY OF ALBEMARLE epartment of Plann ing& Community Development 401 McIntire Road, Room 218 Charlottesville. Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 ;quare; Tax Map 62A1 Section 2, Parcel 4 ling Commission, at its meeting on October 16, 2001 deferred the ~fore, this item is scheduled for review as follows: iNNING COMMISSION - NOVEMBER 13, 2001 qRD OF SUPERVISORS - DECEMBER 5, 2001 lease do not hesitate to contact me. Amelia McCulley Jack Kelsey_ 10-25-01 P04:22 IN