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HomeMy WebLinkAbout2002-12-11 ACTIONS Board of Supervisors Meeting of December 11, 2002 December 27, 2002 6.1. 6.2. 6.3. 10. 11. AGENDA ITEM/ACTION Call to Order. · Meeting was called to order at 6:00 p.m., by the Chairman, Ms. Thomas. All BOS members, except Dennis Rooker, were present. Also present were Bob Tucker, Larry Davis, and Wayne Cilimberg. From the Public: Matters Not Listed on the Agenda. · No one spoke. Historic Preservation Plan Implementation, Letter of Notification. · APPROVED the use of the letters of notification. Authorize County Executive to proceed with Application for funding and set public hearing for January 2003. · AUTHORIZED the County Executive to notify DHCD of the County's interest in participating in the program and its desire to designate the Albemarle Housing Improvement Program as the implementing agency. SET public hearing for January 2003. Authorize County Executive to execute loan and security documents for securing Community Development Block Grant Funds. · AUTHORIZED the County Executive to execute documents necessary to protect the County's interest on any loan for which a request is presented by the client or those acting on behalf of the clients and which may affect the County's interest and/or CDBG program requirements. Ordinance to Amend Appendix A.1, Acquisition of Conservation Easements Program. · ADOPTED the attached Ordinance. ARB-2002-126. Fuji Sushi & Grill Buffet Sign. · UPHELD the decision of the Architectural Review Board. SP-02-51. Violet Mawyer Mill Mountain (Nextel) (Sign · APPROVED SP-2002-51 subject to the following conditions. CPA-01-04 Albemarle Place. · ADOPTED CPA-2001-04 subject to the attached recommended language. From the Board: Matters Not Listed on The Agenda. Lindsay Dorrier: · Mentioned that he has been receiving phone calls regarding the increase in the water bills. Other Board members indicated that they had been receiving the same phone calls. Mr. Tucker suggested Board members refer calls to the Albemarle County Service Authority and their Board ASSIGNMENT Planning staff: Proceed as directed with notification letters. Clerk: Advertise public hearing for January 8, 2003 and schedule on agenda. County Executive: Prepare letter as directed and provide copy to Clerk's office for files. Chief of Housing and County Attorney's office: Present such requests to the County Executive with recommendations for approval. County Executive: Execute documents as necessary. Clerk: Forward ordinance to County Attorney's office for inclusion in next update of County Code and provide signed copy to Ches Goodall. (Attachment 1) Clerk: Set out conditions of approval. (Attachment 2) Clerk: Set out recommended language (Attachment 3) members since they are the individuals responsible for setting the rates. Sally Thomas: · Provided Board members with a workbook from the Un Jam Round 2 workshop that was recently held. She asked Board members to return their responses to the questions to the address listed in the workbook. 12. Adjourn. · Meeting was adjoumed at 7:28 p.m. /gak Attachment 1 - ACE Ordinance Attachment 2 - Conditions of Approval Attachment 3 - CPA Language Attachment ORDINANCE NO. 02-A.1(1) AN ORDINANCE TO AMEND APPENDIX A.I, ACQUISITION OF CONSERVATION EASEMENTS PROGRAM, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Appendix A. 1, Acquisition of Conservation Easements Program, of the Code of the County of Albemarle is amended as follows: By Amending: Sec. A. 1-100 Sec. A. 1-101 Sec. A. 1-102 Sec. A. 1-103 Sec. A. 1-104 Sec. A. 1-105 Sec. A. 1-106 Sec. A. 1-107 Sec. A. 1-108 Sec. A. 1-109 Sec. A. 1-t10 Sec. A. 1-111 Sec. A. 1-112 Sec. A. 1-113 Short title. Purpose. Applicability. Definitions and construction. Designation of program administrator;, powers and duties. ACE committee established; powers and duties. Appraisal review committee established; powers and duties. Eligibility criteria. Ranking criteria. Easement terms and conditions. Application and evaluation procedure. Purchase of conservation easement. Program funding. Program non-exclusivity. APPENDIX A.1. Acquisition of Conservation Easements Program Sec. A.1-t00. Short title. This appendix shall be known and may be cited as the "acquisition of conservation easements ("ACE") program." (Ord. 00-A. 1(1), 7-5-00; Ord. 02-A. 1(1), 12-11-02) Sec. A.1-10t. Purpose. The board of supervisors finds that between 1974 and 1992, twenty-five thousand (25,000) acres of farmland in the county were lost to development; that at present, almost one-third of the acres of forest land in the county is considered by the Virginia Department of Forestry to be too densely populated for timber production; that regulatory land-use planning tools acceptable to date have not been able to stem the conversion of farm and forest land to other uses; and that farm and forest land, clean water and airsheds, biological diversity, scenic vistas and rural character have a public value as well as a pdvate value. Therefore, the specific purposes of the ACE program include, but are not limited to: 1. Establishing a program by which the county can acquire conservation easements voluntarily offered by owners to serve as one means of assudng that the county's resources are protected and efficiently used; 2. Establishing and preserving open-space and preserving the rural character of Albemarle County; 3. Preserving farm and forest lands; 4. Conserving and protecting water resources and environmentally sensitive lands, waters and other natural resources; 5. Conserving and protecting biodiversity and Wildlife and aquatic habitat; 6. Assisting in shaping the character and direction of the development of the community; 7. Improving the quality of life for the inhabitants of the county; and 8. Promoting tourism through the preservation of scenic resources. (Ord. 00-A. 1(1), 7-5-00; Ord. 02-A. 1(1), 12-11-02) State law reference - Va. Code § 10.1-1700 et seq. Sec. A.1-t02. Applicability. The ACE program shall be available for all lands in the county, except those lands under the ownership or control of the United States of Amedca, the Commonwealth of Virginia, or an agency or instrumentality thereof. Any conservation easement acquired under the ACE program shall be voluntarily offered by the owner. (Ord. 00-A. 1(1), 7-5-00; Ord. 02-A. 1(1), 12-11-02) Sec. A.1-103. Definitions and construction. program: The following definitions shall apply in the interpretation and implementation of the ACE (1) Conservation easement. The term "conservation easement" means a nonpossessory interest in one or more parcels of one or more qualified easement holders under section A.l-109(E) acquired under the Open-Space Land Act (Virginia Code § 10.1-1700 et seq.), whether the easement is appurtenant or in gross, voluntarily Offered by an owner and acquired by purchase pursuant to the ACE program, imposing limitations or affirmative obligations for the purpose of retaining or protecting natural or open-space values of the parcel or parcels, assuring availability for agricultural, forestal, recreational or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural or archaeological aspects of the parcel or parcels. (2) Division rights. The term "division 'rights" means the number of parcels into which a parcel could be divided under the rural areas zoning district regulations stated in Section 10 of Chapter 18, Zoning, of the Albemarle County Code, where each potential parcel could comply with all applicable requirements of Chapter 14, Subdivision of Land, and Chapter 18, Zoning, of the Albemarle County Code. (3) Forced sale. The term "forced sale" means a sale of a parcel with unused development dghts in a manner prescribed by law that is conducted under a judgment, order or the supervision of a court of competent jurisdiction, other than a sale arising from a partition action; a sale resulting from foreclosure under the laws of the Commonwealth of Virginia; or, a sale that is not the voluntary act of the owner but is compelled in order to satisfy a debt evidenced by a mortgage, judgment, or a tax lien. 4 (4) Hardship. The term "hardship" means an economic hardship, other than a circumstance causing a forced sale, experienced by the owner of the parcel so as to compel him to place a parcel with unused development rights for sale or to use such development rights. (5) Immediate family. The term "immediate family" means an owner's spouse and his or her offspring residing in the same household as the owner. (6) Owner. The term "owner" means the owner or owners of the freehold interest of the parcel. (7) Program administrator. The term "program administrator" means the director of the department of planning and community development. (8) Parcel. The term "parcel" means a lot or tract of land, lawfully recorded in the clerk's office of the circuit court of the County of Albemarle. (9) Retained division rights. The term "retained division rights~ means the number of parcels into which a parcel subject to a conservation easement may be divided as provided in section A. 1-109(A). B. Construction. Because a conservation easement may contain one or more parcels, for purposes of the ACE program the term "parceF shall include all parcels covered by, or proposed to be covered by, the conservation easement. (Ord. 00-A. 1(1), 7-5-00; Ord. 02-A. 1(1), 12-11-02) Sec. A.1-11)4, Designation of program administrator; powers and duties, A. Designation. The director of the department of planning and community development is hereby designated as the program administrator. B. Powers and duties. The program administrator, or his designee, shall administer the ACE program and shall have the powers and duties to: 1. Establish reasonable and standard procedures and forms for the proper administration and implementation of the program. 2. Promote .the program, in cooperation with the ACE committee, by providing educational materials to the public and conducting informational meetings. 3. Investigate and pursue, in conjunction with the county executive, state, federal and other programs available to provide additional public and private resources to fund the program and to maximize private participation. 4. Evaluate all applications to determine their eligibility and their ranking score, rank applications based on their ranking score, and make recommendations thereon to the ACE committee. 5. Determine the number of division rights existing on each parcel subject to an application, after obtaining the number of theoretical development rights from the zoning administrator. 6. Coordinate the preparation of appraisals. 7. Provide staff support to the appraisal review committee, the ACE committee and the board of supervisors. 5 8. Provide educational materials regarding other land protection programs to the public. 9. For each conservation easement, assure that the terms and conditions of the deed of easement are monitored and complied with by coordinating a monitoring program with each easement holder, and if the other easement holders are either unable or unwilling to do so, monitor and assure compliance with the terms and conditions of the deed of easement. (Ord. 00-A. 1(1), 7-5-00; Ord. 02-A. 1(1), 12-11-02) Sec. A.1-105. ACE committee established; powers and duties. A. Establishment. The ACE committee is hereby established as follows: 1. The committee shall consist of ten (10) members appointed by the board of supervisors. Each member shall be a resident of Albemarle County. The committee should, but is not required to, be comprised of members who are knowledgeable in the fields of conservation, conservation biology, real estate and/or rural land appraisal, farming and forestry and may also include members of conservation easement holding agencies and conservation organizations. 2. The members of the committee shall serve at the pleasure of the board of supervisors. The initial term of three (3) members shall be for one (1) year. The initial term of three (3) members shall be for two (2) years. The initial term for four (4) members shall be for three [3) years. Each term after the initial term shall be for (3) years. 3. The members of the committee shall serve without pay, but the board of supervisors may, in its discretion, reimburse each member for actual and necessary expenses incurred in the performance of his duties. 4. The committee shall elect a chairman, vice-chairman and secretary at its first meeting each calendar year. The secretary need not be a member of the committee. B. Powers and duties. The ACE committee shall have the powers and duties to: 1. Promote the program, in cooperation with the program administrator, by providing educational materials to the public and conducting informational meetings. 2. Review the ranking of applications recommended by the program administrator, and make its recommendation to the board of supervisors as to which conservation easements should be purchased. 3. Periodically review the program's regulations, guidelines, administrative procedures and promotion and recommend to the board of supervisors or the program administrator, as appropriate, any changes needed to maintain the program's consistency with the comprehensive plan, or to improve the administration, implementation and effectiveness of the program. (Ord. 00-A. 1(1), 7-5-00; Ord. 02-A. 1(1), 12-11-02) Sec. A.1-106. Appraisal review committee established; powers and duties. Establishment. The appraisal review committee is hereby established, as provided A, herein: 1. The committee shall consist of three (3) members appointed by the board of supervisors. The committee shall be comprised of one (1) real estate professional, the county assessor, and a member of the ACE committee. 6 2. The members of the committee shall serve at the pleasure of the board of supervisors. Each member, other than the county assessor, shall serve a one (1) year term. The county assessor shall be a permanent member of the committee. 3. The members of the committee shall serve without pay, but the board of supervisors may, in its discretion, reimburse each member other than the county assessor for actual and necessary expenses incurred in the performance of his duties. 4. The county assessor shall be the chairman of the committee. B. Power and duty. The appraisal review committee shall have the power and duty to review appraisals to assure they are consistent with appropriate appraisal guidelines and practices, and to make recommendations thereon to the board of supervisors. (Ord. 00-A. 1(1), 7-5-00; Ord. 02-A. 1(1), 12-11-02) Sec. A.1-107. Eligibility criteria. In order for a parcel to be eligible for a conservation easement, it must meet the following criteria: (i) the use of the parcel subject to the conservation easement must be consistent with the comprehensive plan; (ii) the proposed terms of the conservation deed of easement must be consistent with the minimum terms and conditions set forth in section A. 1-109; and (iii) the parcel shall obtain at least fifteen (15) points under the ranking criteria set forth in section A. 1-108. (Ord. 00-A. 1(1), 7-5-00; Ord. 02-A. 1(1), 12-11-02) Sec. A,1-108. Ranking criteria. In order to effectuate the purposes of the ACE program, parcels for which conservation easement applications have been received shall be ranked according to the cdteda and the point values assigned as provided below. Points shall be rounded to the first decimal. A. Open-space resources. 1. The parcel adjoins an existing permanent conservation easement, a national, state or local park, or other permanently protected open-space: one (1) point for every five hundred (500) feet of shared boundary. 2. Size of the parcel: one (1) point for each fifty (50) acres. B. Threat of conversion to developed use. 1. The parcel is threatened with forced sale: five (5) points. 2. The parcel is threatened with other hardship: three (3) points. 3. The number of division rights to be eliminated on the parcel: one-half (1/2) point for each division right to be eliminated, which shall be determined by subtracting the number of retained division dghts from the number of division rights. C. Natural, cultural and scenic resources. 1. Mountain protection: one (1) point for each twenty (20) acres within a ridge area boundary. For purposes of this section, the term "ridge area boundary" means the area that lies within one hundred (100) feet below designated ridgelines shown on county mountain overlay district elevation maps. 2. Working family farm, including forestry: five (5) points if at least one family member's principal occupation and income (more than hal0 is farming or foresting the parcel; three (3) points if at least one family member produces farm products derived from the parcel. 3. The parcel adjoins a road designated either as a Virginia scenic highway or byway, or as an entrance corridor under section 30.6.2 of Chapter 18 of the Albemarle County Code: one (1) point for each six hundred (600) feet of road frontage; or the parcel adjoins a public road: one (1) point for each one thousand (1000) feet of road frontage. 4. The parcel contains historic resources: three (3) points if it is within a national or state rural historic district or is subject to a permanent easement protecting a historic resource; two (2) points if the parcel is within the primary Monticello viewshed, as shown on viewshed maps prepared for Monticello and in the possession of the county. five (5) points. The parcel contains an occurrence listed on the state natural heritage inventory: 6. The parcel contains capability class I, II or III soils ("prime soils") for agricultural lands or ordination symbol 1 or 2 for forest land, based on federal natural resources conservation service classifications found in the United States Department of Agriculture Soil Survey of Albemarle County, Virginia: one (1) point for each fifty (50) acres containing such soils to a maximum of five (5) points. 7. The parcel is within the South Fork Rivanna Reservoir Watershed or the Totier Creek Watershed: three (3) points; or the parcel adjoins the Ivy Creek, Mechums River, Moormans River, Doyles Creek, Buck Mountain Creek, South Fork Rivanna Reservoir, Rivanna River, Totier Creek Reservoir, Jacob's Run, or the Hardware River: one-half (1/2) point for each one thousand (1000) feet of frontage. 8. The parcel adjoins a waterway designated as a state scenic river: one-half (1/2) point for each one thousand (1000) feet of frontage. 9. The parcel is subject to a permanent easement whose primary purpose is to establish or maintain vegetative buffers adjoining perennial or intermittent streams, as those terms are defined in Chapter 17 of the Albemarle County Code: one (1) point for each one thousand (1000) feet of buffer that is between thirty-five (35) and one hundred (100) feet wide; two (2) points for each one thousand (1000) feet of buffer that is greater than one hundred (100) feet wide. If the owner voluntarily offers in his application to place the parcel in such a permanent easement, then the above-referenced points may also be awarded. 10. The parcel is within a sensitive groundwater recharging area identified in a county-sponsored groundwater study: one (1) point. 11. The parcel is within an agricultural and forestal district: two (2) points. D. County fund leveraging. State, federal or private funding identified to leverage the purchase of the conservation easement: one (1) point for each ten (10) percent of the purchase price for which those funds can be applied. (Ord. 00-A. 1 (1), 7-5-00; Ord. 02-^.1(1), 12-11-02) Sec. A.1-109. Easement terms and conditions. Each conservation easement shall conform with the requirements of the Open-Space Land Act of 1966 (Virginia Code § 10.1-1700 et seq.) and of this appendix. The deed of easement shall be in a form approved by the county attomey, and shall contain, at a minimum, the following provisions: A. Restriction on division. The parcel shall be restricted from division as follows: (i) if the parcel is less than one hundred (100) acres, it shall not be divided; (ii) if the parcel is one hundred (100) acres or larger but less than two hundred (200) acres, it may be divided into two (2) lots; (iii) if the parcel is two hundred (200) acres or larger, it may be divided into as many lots so as to maintain an average lot size of at least one hundred (100) acres, plus one additional lot for any acres remaining above the required minimum average lot size (e.g., an eight hundred fifty (850) acre parcel may be divided into as many as nine (9) parcels, eight (8) of which maintain an average lot size of at least one hundred (100) acres, and the ninth of which consists of the remaining acres). B. Protection of mountain resources. If the owner voluntarily requested in his application that the. parcel be awarded points during the evaluation process under section A.I-108(C)(1) for mountain protection, the deed of easement shall assure that the parcel is used and maintained in a manner consistent with the comprehensive plan and, in particular, the Open Space Plan as it pertains to mountain resources, and the Mountain DeSign Standards in Chapter 2 of the Comprehensive Plan. C. No buy-back option. The owner shall not have the option to reacquire any property dghts relinquished under the conservation easement. D. Other restrictions. The parcel also shall be subject to standard restrictions contained in conservation easements pertaining to uses and activities allowed on the parcel. These standard restrictions shall be delineated in the deed of easement and shall include, but not necessarily be limited to, restrictions pertaining to: (i) the accumulation of trash and junk; (ii) the display of billboards, signs and advertisements; (iii) the management of forest resources; (iv) grading, blasting or earth removal; (v) the number and size of residential outbuildings and farm buildings or structures; (vi) the conduct of industrial or commercial activities on the parcel; and (vii) monitoring of the easement. E. Designation of easement holders. The county and one or more other public bodies, as defined in Virginia Code § 10.1-1700, and desig hated by the board of supervisors shall be the easement holders of each easement. The public body or bodies who may be designated by the board shall include, but not be limited to, the Albemarle County Public Recreational Facilities Authority and the Virginia Outdoors Foundation. (Ord. 00-A. 1(1), 7-5-00; Ord. 02-A. 1(1), 12-11-02) Sec. A.1-110. Application and evaluation procedure. Each application for a conservation easement shall be processed as follows: A. Application materials to be provided to owner. The application materials provided by the program administrator to an owner shall include, at a minimum, a standard application form, a sample deed of easement, and information about the ACE program. B. Application form. Each application shall be submitted on a standard form prepared by the program administrator. The application form shall require, at a minimum, that the owner: (i) provide the name of all owners of the parcel, the address of each owner, the acreage of the parcel, the Albemarle County tax map and parcel number, the zoning designation of the parcel, and permission for the program administrator to enter the property after reasonable notice to the owner to evaluate the parcel and for the county assessor or an independent appraiser to appraise the property; and (ii) state his adjusted gross income for the three (3) prior tax years, as explained in section A. 1-111 (B). The application form shall also include a space for an owner to indicate that he volunteers to have the parcel be subject to greater restrictions than those contained in the standard sample deed of easement, and to delineate those voluntary, additional restrictions. C. Additional application information required by program administrator. The program administrator may require an owner to provide additional information deemed necessary to determine: (i) whether the proposed easement is eligible for purchase; and (ii) the purchase price of the easement. D. Submittal of application. Applications shall be submitted to the office of the program administrator. An application may be submitted at any time. However, applications received after July 1 shall be evaluated in the following year. E. Evaluation by program administrator. The program administrator shall evaluate each application received and determine within fifteen (15) days whether the application is complete. If the application is incomplete, the program administrator shall inform the owner in writing of the information that must be submitted in order for the application to be deemed complete. When an application is deemed complete, the program administrator shall determine whether the parcel satisfies the eligibility criteda set forth in section A. 1-107 and, if it does, shall determine the number of points to be attributed to the parcel by applying the criteria set forth in section A. 1-108. The program administrator shall then rank each parcel scoring at least fifteen (15) points, with the parcel scoring the most points being the highest ranked and descending therefrom. The program administrator should submit the list of ranked parcels to the ACE committee by August 1. F. Evaluation and ranking by ACE committee. The ACE committee shall review the list of ranked parcels submitted by the program administrator and shall rank the parcels in the order of priority it recommends the easements shall be purchased. The committee should forward to the board of supervisors by September 1 its recommendation of which conservation easements should be purchased. G. Evaluation and ranking by board of supervisors. The board of supervisors shall review the list of ranked parcels submitted by the ACE committee and identify on which parcels it desires conservation easements. The board shall then rank those parcels on which it will seek to purchase conservation easements that year. Nothing in this appendix shall obligate the board to purchase a conservation easement on any property that meets the minimum number of qualifying points. H. Appraisal of conservation easement value. Each conservation easement identified by the board of supervisors to be purchased shall be appraised either by the county assessor or by an independent qualified appraiser chosen by the county. Each appraisal should be completed by October 1. Each completed appraisal shall be submitted to the program administrator and the owner. The program administrator shall forward each appraisal to the appraisal review committee, which shall review each appraisal and make recommendations thereon to the board of supervisors by November 1. I. Requirements and deadlines may be waived. Any requirement or deadline set forth in this appendix may be waived by the board of supervisors if, for good cause, it is shown that exigent circumstances exist to warrant consideration of an otherwise untimely application, or it is shown that the requirements unreasonably restrict the purchase of an easement. Under these circumstances, the board may purchase a conservation easement at any time it deems necessary and subject to only those requirements it deems appropriate. Reapplication. An owner whose parcel is not selected for purchase of a conservation easement may reapply in any future year. (Ord. 00-A. 1(1), 7-5-00; Ord. 02-A. 1(1), 12-11-02) Sec. A.1-111. Purchase of conservation easement. Each conservation easement shall be purchased as follows: A. Identification of initial pool. From the list of applications received under section A. 1- 110(D), the board of supervisors shall designate the initial pool of parcels identified for conservation 10 easements to be purchased. The purchase price may be supplemented by non-county funding. The size of the pool shall be based u pon the funds available for easement purchases in the current fiscal year and the purchase price of each conservation easement in the pool established under section A. 1-111 (B). B Determining purchase price. The purchase price of a conservation easement shall be calculated by multiplying the appraised value by the applicable percentage of appraised value set forth in the table below. The average annual adjusted gross income shall be based on the aggregate of the annual adjusted gross income of each owner of record and the members of his or her immediate family in each of the three (3) most recent tax years. In the case of a parcel owned by an entity such as a corporation, partnership, limited liability company, trust or estate, the average annual adjusted gross income of the owner shall be based on the aggregate annual adjusted gross incomes of the shareholders, partners, members, grantor, beneficiaries or decedent, as the case may be. Average Annual Adjusted Gross Income Percentage of Appraised Value $ 0 - $50,000 100% $50,001 - $60,000 94% $60,001 - $70,000 88% $70,001-$80,000 $80,001 -$90,000 $90,001- $100,000 $100,001- $110,000 $130,001-$140,000 82% 76% 70% 64% $110,001- $120,000 58% $120,001- $130,000 52% 46% $140,001-$150,000 40% $150,001 -$160,000 34% $160,001- $170,000 28% $170,001 - $180,000 22% $180,001- $190,000 16% $190,001-$200,000 10% $200,001 or more 4% C. Invitation to offer to sell. The board shall invite the owner of each parcel included in the initial pool to submit an offer to sell to the county a conservation easement on that parcel for the purchase price, and/or to donate to the county the balance of the fair market value of the conservation easement, subject to the terms and conditions of a proposed deed of easement. The purchase price shall not be subject to negotiation. The invitation shall be in writing and shall include the purchase price, the proposed deed of easement, and the date by which a written offer must be received by the program administrator in order for it to be considered. The invitation also may include a form offer to be returned by the owner if the owner desires to offer to sell a conservation easement. D. Offer to sell. Each owner who desires to sell and/or donate a conservation easement shall submit a wdtten offer that must be received by the program administrator by the date contained in the invitation to offer to sell. The offer should include a statement substantially stating the following: "(The owner,) offers to sell and/or donate a conservation easement to the County of Albemarle, Virginia for the sum of (purchase price), subject to the terms and conditions set forth in the proposed deed of easement enclosed with the invitation to offer to sell." Nothing in this appendix shall compel an owner to submit an offer to sell. E. Acceptance. An offer to sell a conservation easement shall be accepted by the board of supervisors only in writing, and only following an action by the board authorizing acceptance. An offer shall not be accepted by the board if the proposed easement would be inconsistent with the policies and goals of the comprehensive plan at the time the offer is received. Nothing in this appendix requires the board to accept an offer to sell a conservation easement. 11 F. Easement established. A conservation easement shall be established when the owner and an authorized representative of the holder of the easement have each signed the deed of easement. The deed shall be recorded in the office of the clerk of the circuit court of the County of Albemarle. A single conservation easement may be established for more than one parcel under the same ownership. G. Offers not made; offers not accepted; invitation to other owners. If an owner invited to submit an offer to sell elects not to do so, or if an owner's offer to sell is not accepted by the board of supervisors, then the board shall send an invitation to offer to sell to the owner of the next highest ranked parcel remaining on the list of parcels identified in section A. 1-110(E). H. Costs. If the board of supervisors accepts an offer to sell, the county shall pay all costs, including environmental site assessments, surveys, recording costs, grantor's tax, if any, and other charges associated with closing. Provided, however, the county shall not pay fees incurred for independent appraisals, legal, financial, or other advice, or fees in connection with the release and subordination of liens to the easement purchased by the county. I. Reapplication. An owner who fails to submit an offer to sell or whose offer to sell was not accepted may reapply in any future year. (Ord. 00-A. 1(1), 7-5-00; Ord. 02-A. 1(1), 12-11-02) Sec. A.1-1t2. Program funding. The ACE program may be funded annually by the board of supervisors in the county budget or by special appropriation. The county shall endeavor to seek funds from federal, state and private sources to effectuate the purposes of the ACE program. (Ord. 00-A. 1(1), 7-5-00; Ord. 02-A. 1(1), 12-11-02) Sec. A.1-113. Program non-exclusivity. The ACE program is a non-exclusive means by which the county may purchase conservation easements or control land use and development, or by which landowners may establish conservation easements and other self-imposed limitations on land use or development. This appendix shall not be construed in any way as a limitation upon the county's authority to acquire land for public purposes. (Ord. 00-A. 1 (1), 7-5-00; Ord. 02-A. 1 (1), 12-11-02) 12 Attachment 2 Agenda Item No. 9. SP-02-51. Violet Mawyer Mill Mountain (Nextel) (Si~n #50). PUBLIC HEARING to request to allow construction of personal wireless service facility, w/105 foot tall wooded monopole in accord w/Sec 10.2.2.6 of the Zoning. TM 98, P 22, contains 48.83 acs. Loc on Rt 804 (Thackers Lane) approx 400 feet E of intersec of with Rt 29S (Monacan Trail Rd). Znd RA & EC. Samuel Miller Dist. APPROVED SP-2002-51 subject to the following conditions: The facility shall be desi.qned, constructed and maintained as follows: 1. The facility including the monopole, the ground equipment building, and any antennas shall be sized, located and built as shown on the application plan entitled, "Nextel Partners, Inc./Mill Mountain", dated August 22, 2002; 2. The pole height shall include any base, foundation or grading that raises the pole above the pre-existing, natural ground elevation; 3. The top of the pole: as measured Above Mean Sea Level (AMSL), shall never exceed one (1) foot above the top of the twenty-five (25)-inch, ninety-one (91)-foot tall Poplar Tree identified in the application plans, which has a top elevation of nine hundred thirty- nine (939) feet AMSL. In no case shall the pole exceed one hundred five (105) feet in height at the time of installation without prior approval of an amendment to this special use permit or personal wireless facility permit; 4. The monopole shall be made of wood and be a dark brown natural wood color; 5. The g round equipment building, antennas, concrete pad and all equipment attached to the pole shall be a color that closely matches that of the pole and shall be no larger than the specifications set forth in the application plans; 6. 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 distance between the face of the pole and the faces of the antennas be more than twelve (12) inches; 7. No satellite or microwave dishes shall be permitted on the monopole; 8. No antennas or equipment, with the exception of a lightning rod, shall be located above the top of the pole. The lightning rod shall not exceed more than two (2) feet above the top of the monopole and shall not exceed one (1) inch in diameter;, 9. No guy wires shall be permitted; - 10. No lighting shall be permitted on the site or on the pole, except as herein provided. 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 through 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; and 11. The permittee shall comply with section 5/I .12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted. Prior to the issuance of a building permit, the following requirements shall be met: 12. Certification by a registered surveyor stating the height of the reference tree that has been used to justify the height of the monopole shall be provided to the Zoning Administrator; 13. Submittal of a tree conservation plan, developed by a certified arborist, to the Director of Planning and Community Development for approval. The plan shall specify tree protection methods and procedures, and identify any existing trees to be removed on the site - both inside and outside the access easement and lease area. 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 13 14. required for any future tree removal within the two hundred (200)-foot buffer after the installation of the subject facility; and With the Building Permit Application, the applicant shall submit the final revised set of site plans for construction of the facility. During the application review, Planning staff shall review the revised plans to ensure that all appropriate conditions of the special use permit have been addressed. After the completion of the pole installation and prior to the issuance of a Certificate of Occupancy or to any facility operation~ the following shall be met: 15. Certification by a registered surveyor stating the height of the pole, measured both in feet Above Ground .Level and in elevation Above Mean Sea Level (ASL) using the benchmarks or reference datum identified in the application shall be provided to the Zoning Administrator; 16. Certification confirming that the lightning red: a) height does not exceed two (2) feet above the monopole; and, b) width does not exceed a diameter of one (1)-inch, shall be provided to the Zoning Administrator; and 17. No slopes associated with construction of the facility shall be created that are steeper than 2:1 unless retaining walls, revetments, or other stabilization measures acceptable to the County Engineer are employed. After the issuance of a Certificate of Occupancy, the following requirements shall be met: 18. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each personal wireless service provider that uses the facility, including a drawing indicating which equipment, on both the tower and the ground, are associated with each provider; and 19. All equipment and antennae from any individual personal wireless service provider shall be disassembled and removed from the site within ninety (90) days of the date its use is discontinued. The entire facility shall be disassembled and removed from the site within ninety (90) days of the date its use for personal wireless service 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 shall 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, in an amount sufficient for, and conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney. 14 Attachment 3 LANGUAGE FOR ALBEMARLE PLACE CPA 01-04 General Recommendation The Comprehensive Plan's Land Use Plan should be amended to designate the undeveloped land surrounding the Sperry Factory as Regional Service, thus replacing its current designation of Industrial Service. The remainder of the land use designations within the super block should remain as designated. In addition to the su per block specific' CPA language recommended below, the changes to the Comprehensive Plan's current language for Neighborhood I are also recommended to the Board of Supervisors as proposed in Attachment B. Recommended Language Amendments for the Hydraulic Super Block Any development or redevelopment of the properties in the Hydraulic Super Block, defined as the land enclosed by Route 29, Hydraulic Road, Commonwealth Drive, and Greenbrier Drive, should occur within the following guidelines: Transportation 1) The City of Charlottesville, County of Albemarle, the Virginia Department of Transportation, affected property owners, and interested stakeholders should coordinate the development of an integrated transportation system. The integrated system should include the necessary improvements, inclusive of roadway improvements, pedestrian and bicycle facilities, and mass transportation, in an area encompassing the following intersections (See Attachment A): · Hydraulic & Route 250 Bypass; · Hydraulic & Route 29; · Hydraulic & Commonwealth Drive; · Hydraulic & Georgetown Road; · Route 250/Route 29 Bypass & Barracks Road · Route 29 & Route 250 Bypass; · Route 29 & Angus Road; · Route 29 & Greenbrier Drive; and, · Commonwealth Drive & Greenbrier Drive. The integrated system should include development of a grid road network within the Hydraulic Super Block as illustrated in Attachment A. Additional turning lanes and travel lanes may be considered along existing roads within the defined area; however, the development of parallel roads as illustrated in Attachment A should be stressed over the addition of lanes to existing roads. As part of the integrated system, the County and City should create a road, parallel to Route 29, which would connect Hillsdale Drive southward to Hydraulic (and points south if determined beneficial by a traffic study), for the purpose of increased interconnectivity. A possible alignment is conceptually shown in Attachment A. As part of the integrated system, improvements in this area may include urban, grade-separated intersections, as warranted, to facilitate the movement of traffic. In particular, the Hydraulic/ Route 250, Hydraulic/Route 29, Route 29/Greenbrier Drive and Route 29/Route 250 intersections should be analyzed for such improvements. 15 As part of the integrated system, traffic signal timing and coordination should be improved, and where determined necessary, intersections should be relocated to optimize traffic flow. 2) Development within the Hydraulic Super Block should create multiple connections to Commonwealth Drive, Greenbrier Drive and Hydraulic Road. A single connection to Commonwealth and Greenbrier Drives is considered a minimum within the super block. Multiple connections to Hydraulic should be considered a requirement. Projects that cannot connect through to one of the major roads surrounding the super block should demonstrate that the means for future vehicular and pedestrian connections is achievable between their project and the major road. 3) The existing Seminole Square/Sperry Marine/Route 29 intersection should ultimately be utilized as the connection between developments on the east and west sides of Route 29. Any development within the super block should anticipate that this intersection will be the pdmary point for a Route 29 crossover. Thus, they should orient buildings and street layouts accordingly. If it is impossible to gain direct access to this intersection, it may be necessary to establish a new crossover between Greenbrier Drive and the Seminole Square/Sperry Marine/Route 29 intersection to serve the undeveloped properties surrounding the Sperry Marine Factory, if warranted by traffic studies and conditions. However, this new crossover should be closed when a connection to the Seminole Square/Sperry Marine/Route 29 intersection is feasible. 4) Any development of properties along Route 29 and around the major intersections listed in item A. 1 above should contribute towards the necessary infrastructure improvements (possibly including grade-separated interchanges) and set aside sufficient right-of-way to accommodate the ultimate improvements for these intersections as dictated by the integrated transportation system plan. 5) Development within the super block should be phased to match the provision of transportation improvements. 6) Development within the super block should implement alternative transportation solutions. These alternatives may include Transportation Demand Management solutions, shuttle service between selected destinations within the City and/or County, high occupancy car parking and mass transit. 7) New development should be designed to maintain traffic of a residential nature in existing neighborhoods in both the City and County. Land Use 1) The County continues to value and encourage the continuation of the industrial uses on the remaining Industrial Service designated properties (the Sperry Marine and Comdial factories) because these business uses provide important employment opportunities and contribute to the mixture of uses within the super block. However, the County also recognizes that mixed-use land uses designations, such as Community Service, may be considered as an alternative designation for these properties as part of the County's forthcoming Neighborhood Planning Initiative. 2) The development within the super block should be a center or focal point for the southern portion of Neighborhood 1. 3) Preference will be given to rezoning proposals that provide a mixture of uses, along with a phasing plan that assures a mixture of uses during the development of the project. 4) The phasing of the project should be coordinated with the provision to assure adequate water supply for existing and proposed users of that supply. 5) Any proposal within the super block should achieve the highest density possible as long as the existing or planned road, utility, open space, and/or other public infrastructure supports that density. The desired overall intensity is a minimum floor-to-area ratio (FAR) of .75. 16 6) Development within the super block should be phased to match the provision of non- transportation related public infrastructure, such as sewer and water. Design Standards for Development or Redevelopment within the Super Block 1) The concepts of Neighborhood Model should be incorporated into ali projects within the super block. 2) 3) 4) Projects should provide pedestrian and bicycle access both intemally and to surrounding properties and major roads. Additionally, the recommendations of the 1999 Route 29 Pedestrian Corridor Plan and its successors should be implemented. Where right-of-way is not available to connect a project to the edges of the super block, the project should be designed so that the possibility for a future pedestrian connections and bicycle accesses through the adjacent properties is retained. Projects should orient buildings to major roads, both intedor and exterior to the super block (with priodty given to the external street network), to the maximum extent possible in order to create the appropriate streetscape. To reduce the amount of site disturbance and impervious surface, the ground floor ("footprint~) of any single user may not exceed 70,000 square feet. Any building larger than 70,000 square feet shall be designed so that each floor can function as an individual business, to be reusable by separate users in the future. In addition, any large-scale building should adhere to the following guidelines for the purpose of creating an appropriate streetscape: · The building's facades and rooflines should be of visual interest and should reduce the massive scale and the uniform, impersonal appearance of such large buildings. · The building should have architectural features and patterns at the scale of the pedestrian that provide visual interest, reduce massive aesthetic effects, and recognize local character. These elements should be integral parts of the building fabric and not applied trim, graphics or paint. · A large building's design should integrate small liner stores with entrances onto the sidewalk in order to break up the fa(~ade of the larger user. · Any large buiiding's location should be integrated with other buildings and site features with an eye toward a pedestrian-friendly composition. · All large buildings should present at least a two-story elevation to the streetscape. 5) Buildings along streets exterior to the super block should be compatible with existing development opposite the proposal. 6) Projects should limit large surface parking lots through the use of parking structures. Where surface parking lots are necessary, design techniques should be implemented to provide a streetscape that hides the surface parking to the maximum extent possible. 7) Projects should relegate parking to the maximum extent possible. 8) Projects should grade the site and provide design buildings that limit the use and height of retaining walls. Minimizing the height and use of walls is especially important where the walls will face exterior properties. Projects should break tall retaining walls into multiple, shorter walls so that their visual impact is reduced. Additionally, projects should screen their retaining walls with vegetation or techniques to reduce the visual impacts. 9) Projects should provide an apprOpriate vegetated buffer and screen uses on adjacent properties when the uses are different from each other. 17 D. Public S pace and Public Facilities/Amenities 1) Proposals should develop at least 10% of the gross site acreage in amenities and ~15% as green space. Public amenities can be paved areas, such as plazas, courtyard, or communal rooftop patios, or landscaped area, such as parks or water features. Green space, which provides an amenity, can be counted towards both amenity and green space percentages. 2) Development within the super block should create pedestrian and bicycle connections to Whitewood Park and open space areas in the Meadow Creek drainage. 3) Projects within the super block should fund a proportionate share of pedestrian and bicycle grade-separated crossings of Route 29 as indicated in the 1999 US Route 29 Pedestrian Study. 4) Projects should investigate provision of space for public facilities, such as a public library and urban gym, as indicated in the Community Facilities Plan. E. Environmental Protection l) Natural waterways should be retained where possible. If after a careful analysis, it is impossible to retain or protect these waterways, the project should implement measures to protect water quality and quantity that will protect downstream properties and habitat. The project should overtreat and/or detain stormwater to provide additional stormwater protection. Additionally, any mitigation of wetland and stream impacts should be provided within the watershed where feasible. 2) Projects should incorporate the principles of sustainable design, such as green roofs, natural lighting within buildings, and energy efficiency, to a significant extent. 3) Projects should retain significant trees and other vegetation. 18 ATTACHMENT A 19 Neighborhood One ATTACHMENT B LOCATION Neighborhood One is bounded by Route 29 North on the east, Hydraulic Road on the south, (and a small area to the south of Hydraulic Road), the South Fork Rivanna River reservoir watershed and Hydraulic Road on the west and the South Fork Rivanna River on the north. EXIS71NG LAND USE Residential- Neighborhood One contains 3,285 housing units and a population of 7,241 people. This neighborhood contains the largest residential population in the County. Sixteen percent (522) of the housing units in the Neighborhood are single-family attached; twenty-five percent (825) of the housing units are either townhouses, single family attached or duplexes; fifty-six percent (1,827) are multi,family; and three percent (111) of the housing units are mobile homes (July, 1996). There are a number of major residential developments in the Neighborhood, including Whitewood Village, Westfield, Jefferson Towne, Turtle Creek, Sachem Village, Wyndridge, Westgate Apartments, Four Seasons and Townwood. Heritage Hall, a retirement community, is located in this Neighborhood. Commercial and Office- This Neighborhood contains a large inventory of retail and office uses. Some retail uses include Shoppers World Shopping Center (148,783 square feet); Rio Hill Shopping Center (294,901 square feet); Sam's Wholesale Club (113,613 square feet); and Wal-Mart (114,513 square feet). Also, there are a number of other commercial uses in the neighborhood such as car dealerships, hotels, and restaurants, which are almost all along the Route 29 corridor. Larger office uses include Village Offices (Berkmar Drive-30,800 square feet); West Park Plaza (Rio Road-17,975 square feet); Rio West Professional Center (50,074 square feet); Sachem Village (Whitewood Road-12,000 square feet); Republic Business Center (Whitewood Road- 10,032 square feet) and Albemarle Professional Center (Hydraulic Road-14,398 square feet). Berkmar CrOssing (62,066 square feet) is a mix of office and commercial uses. Industrial- Neighborhood One includes two of the County's largest employers (Sperry and Comdial) who together employ over 2,000 people. Sperry contains 231,055 square feet and Comdial contains 452,380 square feet. ENVIRONMENTAL 'CHARACTERISTICS in relief, Neighborhood One slopes downward from a westem ridge following Woodburn, Rio, Hydraulic and Georgetown Roads to Route 29 North on the east. A series of swales form streams crossing under Route 29 in various locations. TRANSPORTATION Route 29 is a primary arterial road serving the Neighborhood. The Route 29 (Western) Bypass will likely intersect the northern portion of Neighborhood One west of Berkmar Drive and east of Woodburn Road. Rio Road and Hydraulic Road are heavily traveled by vehicular, pedestrian, and bicycle traffic. PUBLIC WATER AND SEWER Utilities are present throughout the neighborhood. Major waterlines follow Woodburn, Rio, Hydraulic Roads, and Route 29. Major sewer trunk lines follow Four Seasons Drive and the stream swale through Berkeley Subdivision to the Branchlands PUD, and ultimately to the Moores Creek Wastewater Treatment Plant through the Rivanna Interceptor. 2O Projects have been completed PUBLIC FACILITIES Agnor Hurt Elementary, the Seminole Trail Fire Station and Whitewood Park are located in the neighborhood, as well as a boat access to the South Fork Rivanna River at the end of Woodbum Road. Adjacent to the Neighborhood are Greer Elementary, Jouett Middle School and Albemarle High School. Public Facilities are adequate in the area. RECOMMENDATIONS Due to the potential impact of the Western Bypass, the area north of Rio Road, west of Berkmar Drive and east of Woodbum Road, was designated Transitional. This designation will allow for a wide flexibility of uses and allow uses that would be compatible with the bypass in the long term and provide a transition to the residential property to the west in the short term. Access to Woodburn Road from properties located between Berkmar Drive and Woodbum Ddve will be prohibited. Proposed development which im pacts on the bypass development shall be discouraged. ~ add~t~ deYe!cpm~nt =*.:nd=rds cf fha Ccmprehen=~,:= Plan. · Future development plans along Route 29 North are to be sensitive to its status as an Entrance Corddor Roadway. · Transportation improvements include: Provide landscaping, walkways and bicycle facilities along Route 29 to enhance this corridor as the County s major business district. Widen Hydraulic Road and Rio Road to five lanes between Route 29 North and Whitewood Road. Include walkways and bicycle facilities in conjunction with this project. Roads ,;;!th the e~ens!cn cf Greenbrier Dd';e to Hydra,.'!ic Rc3d. Pro,;!de addJt!onal Maintain and upgrade transit service to the Neighborhood. Consider extending transit service along Route 29 to the northern most potion of the Neighborhood and to Berkmar Drive. Construct a greenway along the South Fork of the Rivanna River. This provides a pedestrian connection of the Ivy Creek Natural Area to the Urban Area and an opportunity for passive recreation adjacent to the Urban Area. Develop the greenway to meet the recreational and conservation needs of the residents in Neighborhood One, and the entire County. · Utility improvements include: 21 Perform a study to determine capacity of the Meadow Creek Sanitary Sewer Interceptor. Maintain the Wooded ridgeline along Berkmar Drive to buffer the residential properties along Woodburn Road. Maintain a wooded buffer between the Community/Regional Service located on Route 29 and the adjacent residential developments. 22 David P. Bowerman Rio Lindsay G. Dorrier, $cottsville Charles S. Martin Rivanna COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 Walter E Perkins White Hall Dennis S. Rooker Jack Jouett Sally H. Thomas Samuel Miller V. Wayne Cilimberg, Director of Planning and Community Development FROM: Ella W. Carey, Clerk, CMC DATE: December 19, 2002 RE: Board Actions of December 11, 2002 At its meeting on December 11, 2002, the Board of Supervisors took the following actions: Agenda Item No. 7. PUBLIC HEARING on an Ordinance to Amend Appendix A.I, Acquisition of Conservation Easements Pro~ram, of the Albemarle County Code, by amending section A. 1-t03 to replace the defined term "development right" with "division dghts" and adding the term "retained division rights"; section A. 1-105 to expand the ACE Committee's authority to review the ACE program; section A.1- 106 to reduce the membership of the Appraisal Review Committee from 5 to 3; section A. 1-108 to change the description of the mountain protection resources eligible for ranking points, to more accurately describe the various soil classes upon which ranking points are awarded, and to allow 2 points to be awarded for parcels located within an agricultural and forestal district; and to make minor technical changes throughout Appendix A. 1. ADOPTED the attached Ordinance. Agenda Item No. 8. Appeal: ARB-2002-126. Fuji Sushi & Grill Buffet Sign. Request to install 2 wall signs & 1 freestanding sign. TM61W, Sec 1, Block A, P3. Loc on 1250 Seminole Trail, S of Westfield Rd, N of Greenbrier Dr., across from Toys R~ Us. Znd EC & C1. RIO Dist. UPHELD the decision of the Architectural Review Board. Agenda Item No. 9. Sp-02-5'l. Violet MawYer Mill. Mountain (Nextet) .(Si.qn #~0). PUBLIC HEARING to request to allow construction of personal wireless service facility, wi' 105 foot tall wooded monopole in accord w/Sec 10.2.2.6 of the Zoning. TM 98, P 22, contains 48.83 acs. Loc on Rt 804 (Thackers Lane) approx 400 feet E of intersec of with Rt 29S (Monacan Trail Rd). Znd RA & EC. Samuel Miller Dist. APPROVED SP-2002-51 subject to the following conditions: The facility shall be des~ned, constructed a.nd maintained as follows: 1. The facility including the monopole, the ground equipment building, and any antennas shall be sized, located and built as shown on the application plan entitled, "Nextel Partners, Inc./Mill Mountain", dated August 22, 2002; 2. The pole height shall include any base, foundation or grading that raises the pole above the pre-existing, natural ground elevation; 3. The top of the pole, as measured Above Mean Sea Level (AMSL), shall never exceed one (1) foot above the top of the twenty-five (25)-inch, ninety-one (91)-foot tall Poplar Tree identified in the application plans, which I~ top elevation of nine hundred thirty-nine Printed on recycled paper V. Wayne Cilirnberg December 19, 2002 Page 2 11. (939) feet AMSL in no case shall the pole exceed one hundred fn~e (105) feet in height at the time of installation without prior approval of an amendment to this special use permit or personal wireless facility permit; The monopole shall be made of wood and be a dark brown natural wood color; The ground equipment building, antennas, concrete pad and ali equipment attached to the pole shall be a color that closely matches that of the pole and shall be no larger than the specifications set forth in the application plans; 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 distance between the face of the pole and the faces of the antennas be more than twelve (12) inches; No satellite or microwave dishes shall be permitted on the monopole; No antennas or equipment, with the exception of a lightning rod, shall be located above the top of the pole. The lightning rod shall not exceed more than two (2) feet above the top of the monopole and shall not exceed one (1) inch in diameter; No guy wires shall be permitted; No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully shielded such that alt light emitted is projected below a horizontal plane running through the lowest part of the shield or shielding part of the luminalre. For the purposes of this condition, a luminalre 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; and The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing Of the lease area shall not be permitted, prior to the issuance of..a buildin.q permit, the fo!lowina recluirements shall be met; 12. Certification by a registered surveyor stating the height Of the reference tree that has been used to justify the height of the monopole shall be provided to the Zoning Administrator;, 13. Submittal of a tree conservation plan, developed by a certified arborist, to the Director of Planning and Community Development for approval. The plan shall specify tree protection methods and procedures, and identify any existing trees to be removed on the site - both inside and outside the access easement and lease area. 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; and 14. With the Building Permit ApplicatiOn, the applicant shall submit the final revised set of site plans for construction of the facility. During the application review, Planning staff shall review the revised plans to ensure that all appropriate conditions of the special use permit have been addressed. After the comDle~on of the Dole installation and prior to the issuance of a Certificate,o.f O.ccuDancv of.to any fe~litY operation, the foilowin(3 shall be. met: 15. Certification by a registered surveyor stating the height of the pole, measured both in feet Above Ground Level and in elevation Above Mean Sea Level (ASL) using the benchmarks or reference datum identified in the application shall be provided to the Zoning Administrator; 16. Certification confirming that the lightning rod: a) height does not exceed two (2) feet above the monopole; and, b) width does not exceed a diameter Of one (1)-inch, shall be provided to the Zoning Administrator; and 17. No slopes associated with construction of the facility shall be created that are steeper than 2:1 unless retaining walls, revetments, or other stabilization measures acceptable to the County Engineer are employed. V. Wayne Cilimberg December 19, 2002 Page 3 After the issuance of a Certificate of Occupancy, the followin.q requirements shall be met: 18. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each personal wireless service provider that uses the facility, including a drawing indicating which equipment, on both the tower and the ground, are associated with each provider; and 19. Ail equipment and antennae from any individual personal wireless service provider shall be disassembled and removed from the site within ninety (90) days of the date its use is discontinued. The entire facility shall be disassembled and removed from the site within ninety (90) days of the date its use for personal wireless service 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 shall 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, in an amount sufficient for, and conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney. Agenda Item No. 10. CPA-0'I-04 Albemarle Place. PUBLIC HEARING on a request to change land use designation from Industrial Service to Regional Service for TM 61W, Ps 19A&19B, Sec 3, to support an eventual rezoning from LI to PUD for the purposes of creating a mixed residential, office, and commercial development. ADOPTED CPA-01-04 subject to the attached recommended language. GK/ewc cc: Janice Farrar Attachments: Ordinance CPA recommended language ORDINANCE NO. 02-A.l(1) AN ORDINANCE TO AMEND APPENDIX A. 1, ACQUISITION OF CONSERVATION EASEMENTS PROGRAM, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Appendix A. 1, Acquisition of Conservation Easements Program, of the Code of the County of Albemarle is amended as follows: By Amending: Sec. A.I-100 Sec. A.I-101 Sec. A.l-102 Sec. A.l-103 Sec. A.l-104 Sec. A.l-105 Sec. A.l-106 Sec. A.l-107 Sec. A.l-108 Sec. A.l-109 Sec. A.I-110 Sec. A.I-lll Sec. A.l-l12 Sec. A.l-l13 Short title. Purpose. Applicability. Definitions and construction. Designation of program administrator; powers and duties. ACE committee established; powers and duties. Appraisal review committee established; powers and duties. Eligibility criteria. Ranking criteria. Easement terms and conditions. Application and evaluation procedure. Purchase of conservation easement. Program funding. Program non-exclusivity. APPENDIX A.1. Acquisition of Conservation Easements Program Sec. A.I-100. Short title. This appendix shall be known and may be cited as the "acquisition of conservation easements ("ACE") program." (Ord. 00-A.I(1), 7-5-00; Ord. 02-A.l(1), 12-11-02) Sec. A.I-101. Purpose. The board of supervisors finds that between 1974 and 1992, twenty-five thousand (25,000) acres of farmland in the county were lost to development; that at present, almost one-third of the acres of forest land in the county is considered by the Virginia Department of Forestry to be too densely populated for timber production; that regulatory land-use planning tools acceptable to date have not been able to stem the conversion of farm and forest land to other uses; and that fa~nn and forest land, clean water and airsheds, biological diversity, scenic vistas and rural character have a public value as well as a private value. Therefore, the specific purposes of the ACE program include, but are not limited to: 1. Establishing a program by which the county can acquire conservation easements volumtarily offered by owners to serve as one means of assuring that the county's resources are protected and efficiently used; County; Establishing and preserving open-space and preserving the rural character of Albemarle 3. Preserving farm and forest lands; 4. Conserving and protecting water resources and environmentally sensitive lands, waters and other natural resources; 5. Conserving and protecting biodiversity and wildlife and aquatic habitat; 6. Assisting in shaping the character and direction of the development of the community; 7. Improving the quality of life for the inhabitants of the county; and 8. Promoting tourism through the preservation of scenic resources. (Ord. 00-A. 1 (1), 7-5-00; Ord. 02-A. 1 (1), 12-11-02) State law reference- Va Code § 10.1-1700 et seq. Sec. A.l-102. Applicability. The ACE program shall be available for all lands in the county, except those lands under the ownership or control of the United States of America, the Commonwealth of Virgima, or an agency or instrumentality thereof. Any conservation easement acquired under the ACE program shall be voluntarily offered by the owner. (Ord. 00-A.I(1), 7-5-00; Ord. 02-A.l(1), 12-11-02) Sec. A.l-103. Definitions and construction. A. The following definitions shall apply in the interpretation and implementation of the ACE program: (1) Conservation easement. The term "conservation easement" means a nonpossessory interest in one or more parcels~of one or more qualified easement holders under section A. 1-109(E) acquired under the Open-Space Land Act (Virginia Code § 10.1-1700 et seq.), whether the easement is appurtenant or in gross, voluntarily offered by an owner and acquired by purchase pursuant to the ACE program, imposing limitations or affirmative obligations for the purpose of retaining or protecting natural or open-space values of the parcel or parcels, assuring availability for agricultural, forestal, recreational or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural or archaeological aspects of the parcel or parcels. (2) Division rights. The term "division rights" means the number of parcels into which a parcel could be divided under the rural areas zoning district regulations stated in Section 10 of Chapter 18, Zoning, of the Albemarle County Code, where each potential parcel could comply with all applicable requirements of Chapter 14, Subdivision of Land, and Chapter 18, Zoning, of the Albemarle County Code. (3) Forced sale. The term "forced sale" means a sale of a parcel with unused development rights in a manner prescribed by taw that is conducted under a judgment, order or the supervision of a court of competent jurisdiction, other than a sale arising from a partition action; a sale resulting from foreclosure under the laws of the Commonwealth of Virginia; or, a sale that is not the voluntary act of the owner but is compelled in order to satisfy a debt evidenced by a mortgage, judgment, or a tax lien. (4) Hardship. The term "hardship" means an economic hardship, other than a circumstance causing a forced sale, experienced by the owner of the parcel so as to compel him to place a parcel with unused development rights for sale or to use such development fights. (5) Immediate family. The term 'Simmediate family" means an owner's spouse and his or her offspring residing in the same household as the owner. (6) Owner. The term "owner" means the owner or owners of the freehold interest of the parcel. (7) Program administrator. The term "program administrator" means the director of the department of planning and community development. (8) Parcel. The term "parcel" means a lot or tract of land, lawfully recorded in the clerk's office of the circuit court of the County of Albemarle. (9) Retained division rights. The term "retained division rights" means the number of parcels into which a parcel subject to a conservation easement may be divided as provided in section A.i-109(A). B. Construction. Because a conservation easement may contain one or more parcels, for purposes of the ACE program the term "parcel" shall include all parcels covered by, or proposed to be covered by, the conservation easement. (Ord. 00-A.1 (1), 7-5-00; Ord. 02-A.l(1), 12-11-02) Sec. A.l-104. Designation of program administrator; powers and duties. A. Designation. The director of the department of planning and community development is hereby designated as the program administrator. B. Powers and duties. The program administrator, or his designee, shall administer the ACE program and shall have the powers and duties to: 1. Establish reasonable and standard procedures and forms for the proper administration and implementation of the program. 2. Promote the program, in cooperation with the ACE committee, by providing educational materials to the public and conducting informational meetings. 3. Investigate and pursue, in conjunction with the county executive, state, federal and other programs available to provide additional public and private resources to fund the program and to maximize private participation. 4. Evaluate all applications to determine their eligibility and their ranking score, rank applications based on their ranking score, and make recommendations thereon to the ACE committee, 5. Determine the number of division rights existing on each parcel subject to an application, after obtaining the number of theoretical development rights from the zoning administrator. 6. Coordinate the preparation of appraisals. 7. Provide staff support to the appraisal review committee, the ACE committee and the board of supervisors. 8. Provide educational materials regarding other land protection programs to the public. 9. For each conservation easement, assure that the terms and conditions of the deed of easement are monitored and complied with by coordinating a monitoring program with each easement holder, and if the other easement holders are either unable or unwilling to do so, monitor and assure compliance with the terms and conditions of the deed of easement. (Ord. 00-A.I(1), 7-5-00; Ord. 02-A.l(1), 12-11-02) Sec. A.l-105. ACE committee established; powers and duties. A. Estabh'shment. The ACE committee is hereby established as follows: 1. The committee shall consist of ten (10) members appointed by the board of supervisors. Each member shall be a resident of Albemarle County. The committee should, but is not required to, be comprised of members who are knowledgeable in the fields of conservation, conservation biology, real estate and/or rural land appraisal, farming and forestry and may also include members of conservation easement holding agencies and conservation organizations. 2. The members of the committee shall serve at the pleasure of the board of supervisors. The initial term of three (3) members shall be for one (1) year. The initial term of three (3) members shall be for two (2) years. The initial term for four (4) members shall be for three (3) years. Each term after the initial term shall be for (3) years. 3. The members of the committee shall serve without pay, btrt the board of supervisors may, in its discretion, reimburse each member for actual and necessary expenses incurred in the performance of his duties. 4. The committee shall elect a chairman, vice-chairman and secretary at its first meeting each calendar year. The secretary need not be a member of the committee. B. Powers and duties. The ACE committee shall have the powers and duties to: 1. Promote the program, in cooperation with the program administrator, by providing educational materials to the public and conducting informational meetings. 2. Review the ranking of applications recommended by the program administrator, and make its recommendation to the board of supervisors as to which conservation easements should be purchased. 3. Periodically review the program's regulations, guidelines, administrative procedures and promotion and recommend to the board of supervisors or the program administrator, as appropriate, any changes needed to maintain the program's consistency with the comprehensive plan, or to improve the administration, implementation and effectiveness of the program. (Ord. 00-A.I(1), 7-5-00; Ord. 02-A.l(1), 12-11-02) Sec. A.l-106. Appraisal review committee established; powers and duties. herein: Establishment. The appraisal review committee is hereby established, as provided 1. The committee shall consist of three (3) members appointed by the board of supervisors. The committee shall be comprised of one (1) real estate professional, the county assessor, and a member of the ACE committee. 2. The members of the committee shall serve at the pleasure of the board of supervisors. Each member, other than the county assessor, shall serve a one (1) year term. The county assessor shall be a permanent member of the committee. 3. The members of the committee shall serve without pay, but the board of supervisors may, in its discretion, reimburse each member other than the county assessor for actual and necessar~ expenses incurred in the performance of his duties. 4. The county assessor shall be the chairman of the committee. B. Power and duty. The appraisal review committee shall have the power and duty to review appraisals to assure they are consistent with appropriate appraisal guidelines and practices, and to make recommendations thereon to the board of supervisors. (Ord. 00-A.I(1), 7-5-00; Ord. 02-A.l(1), 12-11-02) Sec. A.l-107. Eligibility criteria. In order for a parcel to be eligible for a conservation easement, it must meet the following criteria: (i) the use of the parcel subject to the conservation easement must be consistent with the comprehensive plan; (ii) the proposed terms of the conservation deed of easement must be consistent with the minimum terms and conditions set forth in section A.l-109; and (iii) the parcel shall obtain at least fifteen (15) points under the ranking criteria set forth in section A.l-108. (Ord. 00-A.I(1), 7-5-00; Ord. 02-A.l(1), 12-11-02) See. A.l-108. Ranking criteria. In order to effectuate the purposes of the ACE program, parcels for which conservation easement applications have been received shall be ranked according to the criteria and the point values assigned as provided below. Points shall be rounded to the first decimal. A. Open-space resources. 1. The parcel adjoins an existing permanent conservation easement, a national, state or local park, or other permanently protected open-space: one (1) point for every five hundred (500) feet of shared boundary. 2. Size of the parcel: one (1) point for each fifty (50) acres. B. Threat of conversion to developed use. 1. The parcel is threatened with forced sale: five (5) points. 2. The parcel is threatened with other hardship: three (3) points. 3. The number of division rights to be eliminated on the parcel: one-half (1/2) point for each division right to be eliminated, which shall be determined by subtracting the number of retained division rights from the number of division rights. 5 C. Natural, cultural and scenic resources. 1. Mountain protection: one (1) point for each twenty (20) acres within a ridge area boundary. For purposes of this section, the term "ridge area boundary" means the area that lies within one hundred (100) feet below designated ridgelines shown on county mountain overlay district elevation maps. 2. Working family farm, including forestry: five (5) points if at least one family member' s principal occupation and income (more than half) is farming or foresting the parcel; three (3) points if at least one family member produces farm products derived from the parcel. 3. The parcel adjoins a road designated either as a Virginia scenic highway or byway, or as an entrance corridor under section 30.6.2 of Chapter 18 of the Albemarle County Code: one (1) point for each six hundred (600) feet of road frontage; or the parcel adjoins a public road: one (1) point for each one thousand (1000) feet of road frontage. 4. The parcel contains historic resources: three (3) points if it is within a national or state rural historic district or is subject to a permanent easement protecting a historic resource; two (2) points if the parcel is within the primary Monticello viewshed, as shown on viewshed maps prepared for Monticello and in the possession of the county. five (5) points. The parcel contains an occurrence listed on the state natural heritage inventory: 6. The parcel contains capability class ~ II or ri soils ("prime soils") for agricultural lands or ordination symbol 1 or 2 for forest land, based on federal natural resources conservation service classifications found in the United States Department of Agriculture Soil Survey of Albemarle County, Virginia: one (1) point for each fifty (50) acres containing such soils to a maximum of five (5) points. 7. The parcel is within the South Fork Rivanna Reservoir Watershed or the Totier Creek Watershed: three (3) points; or the parcel adjoins the Ivy Creek, Mechums River, Moormans River, Doyles Creek, Buck Mountain Creek, South Fork Rivanna Reservoir, Rivanna River, Totier Creek Reservoir, Jacob's Run, or the Hardware River: one-half (1/2) point for each one thousand (1000) feet of fxontage. 8. The parcel adjoins a waterway designated as a state scenic river: one-half (1/2) point for each one thousand (1000) feet of frontage. 9. The parcel is subject to a permanent easement whose primary purpose is to establish or maintain vegetative buffers adjoining perennial or intermittent streams, as those terms are defined in Chapter 17 of the Albemarle County Code: one (1) point for each one thousand (1000) feet of buffer that is between thirty-five (35) and one hundred (100) feet wide; two (2) points for each one thousand (1000) feet of buffer that is greater than one hundred (100) feet wide. If the owner voluntarily offers in his application to place the parcel in such a permanent easement, then the above-referenced points may also be awarded. 10. The parcel is within a sensitive groundwater recharging area identified in a county-sponsored groundwater study: one (1) point. 11. The parcel is within an agricultural and forestal district: two (2) points. D. County fund leveraging. State, federal or private funding identified to leverage the purchase of the conservation easement: one (1) point for each ten (10) percent of the purchase price for which those funds can be applied. (Ord. 00-A.I(1), 7-5-00; Ord. 02-A.l(1), 12-11-02) Sec. A.l-109. Easement terms and conditions. Each conservation easement shall conform with the requirements of the Open-Space Land Act of 1966 (Virginia Code § 10.1-1700 etseq.) and of this appendix. The deed of easement shall be in a form approved by the county attorney, and shall contain, at a minimum, the following provisions: A. Restriction on division. The parcel shall be restricted from division as follows: (i) if the parcel is less than one hundred (100) acres, it shall not be divided; (ii) if the parcel is one hundred (100) acres or larger but less than two hun~tred (200) acres, it may be divided into two (2) lots; (iii) if the parcel is two hundred (200) acres or larger, it may be divided into as many lots so as to maintain an average lot size of at least one hundred (100) acres, plus one additional lot for any acres remaining above the required minimum average lot size (e.g., an eight hundred fifty (850) acre parcel may be divided into as many as nine (9) parcels, eight (8) of which maintain an average lot size of at least one hundred (100) acres, and the ninth of which consists of the remaining acres). B. Protection of mountain resources. If the owner voluntarily requested in his application that the parcel be awarded points during the evaluation process under section A.I-108(C)(1) for mountain protection, the deed of easement shall assure that the parcel is used and maintained in a manner consistent with the comprehensive plan and, in particular, the Open Space Plan as it pertains to mountain resources, and the Mountain Design Standards in Chapter 2 of the Comprehensive Plan. C. No buy-back option. The owner shall not have the option to reacquire any property rights relinquished under the conservation easement. D. Other restrictions. The parcel also shall be subject to standard restrictions contained in conservation easements pertaining to uses and activities allowed on the parcel. These standard restrictions shall be delineated in the deed of easement and shall include, but not necessarily be limited to, restrictions pertaining to: (i) the accumulation of trash and junk; (ii) the display of billboards, signs and advertisements; (iii) the management of forest resources; (iv) grading, blasting or earth removal; (v) the number and size of residential outbuildings and farm buildings or structures; (vi) the conduct of industrial or commercial activities on the parcel; and (vii) monitoring of the easement. E. Designation of easement holders. The county and one or more other public bodies, as defmed in Virginia Code § 10.1-1700, and designated by the board of supervisors shall be the easement holders of each easement. The public body or bodies who may be designated by the board shall include, but not be limited to, the Albemarle County Public Recreational Facilities Authority and the Virginia Outdoors Foundation. (Ord. 00-A.i(1), 7-5-00; Ord. 02-A.l(1), 12-11-02) Sec. A.I-llO. Application and evaluation procedure. Each application for a conservation easement shall be processed as follows: A. Application materials to be provided to owner. The application materials provided by the program administrator to an owner shall include, at a minimum, a standard application form, a sample deed of easement, and information about the ACE program. B. Application form. Each application shall be submitted on a standard form prepared by the program administrator. The application form shall require, at a minimum, that the owner: (i) provide the name of all owners of the parcel, the address of each owner, the acreage of the parcel, the Albemarle County tax map and parcel number, the zoning designation of the parcel, and permission for the program administrator to enter the property after reasonable notice to the owner to evaluate the parcel and for the county assessor or an independent appraiser to appraise the property; and (ii) state his adjusted gross income for the three (3) prior tax years, as explained in section A. 1-111 (B). The application form shall also include a space for an owner to indicate that he volunteers to have the parcel be subject to greater restrictions than those contained in the standard sample deed of easement, and to delineate those voluntary, additional restrictions. C. Additional application information required by program administrator. The program administrator may require an owner to provide additional information deemed necessary to determine: (i) whether the proposed easement is.eligible for purchase; and (ii) the purchase price of the easement. D. Submittal of application. Applications shall be submitted to the office of the program administrator. An application may be submitted at any time. However, applications received after July 1 shall be evaluated in the following year. E. Evaluation byprogram administrator. The program administrator shall evaluate each application received and determine within fifteen (15) days whether the application is complete. If the application is incomplete, the program administrator shall inform the owner in writing of the information that must be submitted in order for the application to be deemed complete. When an application is deemed complete, the program administrator shall determine whether the parcel satisfies the eligibility criteria set forth in section A. 1-107 and, if it does, shall determine the number of points to be attributed to the parcel by applying the criteria set forth in section A.l-108. The program administrator shall then rank each parcel scoring at least fifteen (15) points, with the parcel scoring the most points being the highest ranked and descending therefrom. The program administrator should submit the list of ranked parcels to the ACE committee by August 1. F. Evaluation and ranking by ACE committee. The ACE committee shall review the list of ranked parcels submitted by the program administrator and shall rank the parcels in the order of priority it recommends the easements shall be purchased. The committee should forward to the board of supervisors by September 1 its recommendation of which conservation easements should be purchased. G. Evaluation and ranking by board of supervisors. The board of supervisors shall review the list of ranked parcels submitted by the ACE committee and identify on which parcels it desires conservation easements. The board shall then rank those parcels on which it will seek to purchase conservation easements that year. Nothing in this appendix shall obligate the board to purchase a conservation easement on any property that meets the minimum number of qualifying points. H. Appraisal of conservation easement value. Each conservation easement identified by the board of supervisors to be purchased shall be appraised either by the county assessor or by an independent qualified appraiser chosen by the county. Each appraisal should be completed by October 1. Each completed appraisal shall be submitted to the program administrator and the owner. The program administrator shall forward each appraisal to the appraisal review committee, which shall review each appraisal and make recommendations thereon to the board of supervisors by November 1. I. Requirements and deadlines may be waived. Any requirement or deadline set forth in this appendix may be waived by the board of supervisors if, for good cause, it is shown that exigent circumstances exist to warrant consideration of an otherwise untimely application, or it is shown that the requirements unreasonably restrict the purchase of an easement. Under these circumstances, the board may purchase a conservation easement at any time it deems necessary and subject to only those requirements it deems appropriate. J. Reapplication. An owner whose parcel is not selected for purchase of a conservation easement may reapply in any future year. (Ord. 00-A.I(1), 7-5-00; Ord. 02-A. 1(1), 12-11-02) Sec. A.I-lll. Purchase of conservation easement. Each conservation easement shall be purchased as follows: A. Identification of initialpool. From the list of applications received under section A. 1 - 110(D), the board of supervisors shall designate the initial pool of parcels identified for conservation easements to be purchased. The purchase price may be supplemented by non-county funding. The size of the pool shall be based upon the funds available for easement purchases in the current fiscal year and the purchase price of each conservation easement in the pool established under section A. 1-111 (B). B. Determining purchase price. The purchase price of a conservation easement shall be calculated by multiplying the appraised value by the applicable percentage of appraised value set forth in the table below. The average annual adjusted gross income shall be based on the aggregate of the annual adjusted gross income of each owner of record and the members of his or her immediate family in each of the three (3) most recent tax years. In the case of a parcel owned by an entity such as a corporation, partnership, limited liability company, trust or estate, the average annual adjusted gross income of the owner shah be based on the aggregate annual adjusted gross incomes of the shareholders, partners, members, grantor, beneficiaries or decedent, as the case may be. Average Annual Adjusted Gross Income Percentage of Appraised Value $ 0 - $50,000 100% $50,001- $60,000 $60,001- $70,000 $70,001- $80,000 $80,001-$90,000 $90,001- $I00,000 94% 88% 82% 76% 70% $100,001- $110,000 64% $110,001- $120,000 58% $120,001 - $130,000 52% $130001- $140,000 46% $140 001- $150,000 40% $150 001- $160,000 34% $160 001~$170,000 28% $170 001- $180,000 22% $180 001- $190,000 16% $190 001-$200,000 10% $200,001 or more 4% C. Invitation to offerto sell. The board shall invite the owner of each parcel included in the initial pool to submit an offer to sell to the county a conservation easement on that parcel for the purchase price, and/or to donate to the county the balance of the fair market value of the conservation easement, subject to the terms and conditions of a proposed deed of easement. The purchase price shall not be subject to negotiation. The invitation shah be in writing and shall include the purchase price, the proposed deed of easement, and the date by which a written offer must be received by the program administrator in order for it to be considered. The invitation also may include a form offer to be returned by the owner if the owner desires to offer to sell a conservation easement. D. Offer to sell. Each owner who desires to sell and/or donate a conservation easement shall submit a written offer that must be received by the program administrator by the date contained in the invitation to offer to sell. The offer should include a statement substantially stating the following: "(The owner) offers to sell and/or donate a conservation easement to the County of Albemarle, Virginia for the sum of (purchase price), subject to the terms and conditions set forth in the proposed deed of easement enclosed with the invitation to offer to sell." Nothing in this appendix shall compel an owner to submit an offer to sell. E. Acceptance. An offer to sell a conservation easement shall be accepted by the board of supervisors only in writing, and only following an action by the board authorizing acceptance. An offer shall not be accepted by the board if the proposed easement would be inconsistent with the policies and goals of the comprehensive plan at the time the offer is received. Nothing in this appendix requires the board to accept an offer to sell a conservation easement. F. Easement established. A conservation easement shall be established when the owner and an authorized representative of the holder of the easement have each signed the deed of easement. The deed shall be recorded in the office of the clerk of the circuit court of the County of Albemarle. A single conservation easement may be established for more than one parcel under the same ownership. G. Offers not made; offers not accepted; invitation to other owners. If an owner invited to submit an offer to sell elects not to do so, or if an owner's offer to sell is not accepted by the board of supervisors, then the board shall send an invitation to offer to sell to the owner of the next highest ranked parcel remaining on the list of parcels identified in section A. 1-110(E). H. Costs. If the board of supervisors accepts an offer to sell, the county shall pay all costs, including environmental site assessments, surveys, recording costs, grantor's tax, if any, and other charges associated with closing. Provided, however, the county shall not pay fees incurred for independent appraisals, legal, financial, or other advice, or fees in connection with the release and subordination of liens to the easement purchased by the county. I. Reapplication. An owner who fails to submit an offer to sell or whose offer to sell was not accepted may reapply in any future year. (Ord. 00-A.I(1), 7-5-00; Ord. 02-A.l(1), 12-11-02) Sec. A.I-112. Program funding. The ACE program may be funded annually by the board of supervisors in the county budget or by special appropriation. The county shall endeavor to seek funds from federal, state and private soumes to effectuate the purposes of the ACE program. (Ord. 00-A.I(1), 7-5-00; ord. 02-A.l(1), 12-11-02) Sec. A.l-l13. Program non-exclusivity. The ACE program is a non-exclusive means by which the county may purchase conservation easements or control land use and development, or by which landowners may establish conservation easements and other self-imposed limitations on land use or development. This appendix shall not be construed in any way as a limitation upon the county's au[hority to acquire land for public purposes. (Ord. 00-A.I(1), 7-5-00; Ord. 02-A.l(1), 12-11-02) 10 I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of five to zero, as recorded below, at a regular meeting held on December 11, 2002. Clerk, Board of County Supervisors~// ~9 Aye Nay Mr. Bowerman X Mr. Dorrier X Mr. Martin X Mr. Perkins X Mr. Rooker Absent Ms. Thomas X 11 LANGUAGE FOR ALBEMARLE PLACE CPA 01-04 GENERAL RECOMMENDATION The Comprehensive Plan's Land Use Plan should be amended to designate the undeveloped land surrounding the Sperry Factory as Regional Service, thus replacing its current designation of Industrial Service. The remainder of the land use designations within the super block should remain as designated. In addition to the super block specific CPA language recommended below, the changes to the Comprehensive Plan's current language for Neighborhood 1 are also recommended to the Board of Supervisors as proposed in Attachment B. RECOMMENDED LANGUAGE AMENDMENTS FOR THE HYDRAULIC SUPER BLOCK Any development or redevelopment of the properties in the Hydraulic Super Block, defmed as the land enclosed by Route 29, Hydraulic Road, Commonwealth Drive, and Greenbrier Drive, should occur within the following guidelines: A. Transportation 1) The City of Charlottesville, County of Albemarle, the Virginia Department of Transportation, affected property owners, and interested stakeholders should coordinate the development of an integrated transportation system. The integrated system should include the necessary improvements, inclusive of roadway improvements, pedestrian and bicycle facilities, and mass transportation, in an area encompassing the following intersections (See Attachment A): · Hydraulic & Route 250 Bypass; · Hydraulic & Route 29; · Hydraulic & Commonwealth Drive; · Hydraulic & Georgetown Road; Route 250/Route 29 Bypass & Barracks Road · Route 29 & Route 250 Bypass; · Route 29 & Angus Road; · Route 29 & Greenbrier Drive; and, · Commonwealth Drive & Greenbrier Drive. The integrated system should include development of a grid road network within the Hydraulic Super Block as illustrated in Attachment A. Additional turning lanes and travel lanes may be considered along existing roads within the defined area; however, the development of parallel roads as illustrated in Attachment A should be stressed over the addition of lanes to existing roads. As part of the integrated system, the County and City should create a road, parallel to Route 29, which would connect Hillsdale Drive southward to Hydraulic (and points south if determined beneficial by a traffic study), for the purpose of increased interconnectivity. A possible alignment is conceptually shown in Attachment A. As part of the integrated system, improvements in this area may include urban, grade- separated intersections, as warranted, to facilitate the movement of traffic. In particular, the Hydraulic/Route 250, Hydraulic/Route 29, Route 29/Greenbrier Drive and Route 29/Route 250 intersections should be analyzed for such improvements. Approved Comprehensive Plan Language for Albemarle Place (CPA 01-04) i As part of the integrated system, traffic signal timing and coordination should be improved, and where determined necessary, intersections should be relocated to optimize traffic flow. 2) Development within the Hydraulic Super Block should create multiple connections to Commonwealth Drive, Greenbrier Drive and Hydraulic Road. A single connection to Commonwealth and Greenbrier Drives is considered a minimum within the super block. Multiple connections to Hydraulic should be considered a requirement. Projects that cannot connect through to one of the major roads surrounding the super block should demonstrate that the means for future vehicular and pedestrian connections is achievable between their project and the major road. 3) The existing Seminole Square/Sperry Marine/Route 29 intersection should ultimately be utilized as the connection between developments on the east and west sides of Route 29. Any development within the super block should anticipate that this intersection will be the primary point for a Route 29 crossover. Thus, they should orient buildings and street layouts accordingly. If it is impossible to gain direct access to this intersection, it may be necessary to establish a new crossover between Greenbrier Drive and the Seminole Square/Sperry Marine/Route 29 intersection to serve the undeveloped properties surrounding the Sperry Marine Factory, if warranted by traffic studies and conditions. However, this new crossover should be closed when a connection to the Seminole Square/Sperry Marine/Route 29 intersection is feasible. 4) Any development of properties along Route 29 and around the major intersections listed in item A. 1 above should contribute towards the necessary infrastructure improvements (possibly including grade-separated interchanges) and set aside sufficient right-of-way to accommodate the ultimate improvements for these intersections as dictated by the integrated transportation system plan. 5) Development within the super block should be phased to match the provision of transportation improvements. 6) Development within the super block should implement alternative transportation solutions. These alternatives may include Transportation Demand Management solutions, shuffle service between selected destinations within the City and/or County, high occupancy car parking and mass transit~ 7) New development should be designed to maintain traffic of a residential nature in existing neighborhoods in both the City and County. B. Land Use 1) The County continues to value and encourage the continuation of the industrial uses on the remaining Industrial Service designated properties (the Sperry Marine and Comdial factories) because these business uses provide important employment opportunities and contribute to the mixture of uses within the super bloctc However, the County also recognizes that mixed-use land uses designations, such as Community Service, may be considered as an alternative designation for these properties as part of the County's forthcoming Neighborhood Planning Initiative. 2) The development within the super block should be a center or focal point for the southern portion of Neighborhood 1. Approved Comprehensive Plan Language for Albemarle Place t~CPA 01-04) ii 3) 4) 5) 6) 1) 2) 3) 4) 5) Preference will be given to rezoning proposals that provide a mixture of uses, along with a phasing plan that assures a mixture of uses during the development of the project. The phasing of the project should be coordinated with the provision to assure adequate water supply for existing and proposed users of that supply. Any proposal within the super block should achieve the highest density possible as long as the existing or planned road, utility, open space, and/or other public infrastructure supports that density. The desired overall intensity is a minimum floor-m-area ratio (FAR) of .75. Development within the super block should be phased to match the provision of non- transportation related public infrastructure, such as sewer and water. Design Standards for Development or Redevelopment within the Super Block The concepts of Neighborhood Model should be incorporated into all projects within the super block. Projects should provide pedestrian and bicycle access both intemally and to surrounding properties and major roads. Additionally, the recommendations of the 1999 Route 29 Pedestrian Corridor Plan and its successors should be implemented. Where fight-of-way is not available to connect a project to the edges of the super block, the project should be designed so that the possibility for a future pedestrian connections and bicycle accesses through the adjacent properties is retained. Projects should orient buildings to major roads, both interior and exterior to the super block (with priority given to the external street network), to the maximum extent possible in order to create the appropriate streetscape. To reduce the mount of site disturbance and impervious surface, the ground floor ("footprint") of any single user may not exceed 70,000 square feet. Any building larger than 70,000 square feet shall be designed so that each floor can function as an individual business, to be reusable by separate users in the future. In addition, any large-scale building should adhere to the following guidelines for the purpose of creating an appropriate streetscape: · The building's facades and rooflines should be of visual interest and should reduce the massive scale and the uniform, impersonal appearance of such large buildings. · The building should have architectural features and patterns at the scale of the pedestrian that provide visual interest, reduce massive aesthetic effects, and recognize local character. These elements should be integral parts of the building fabric and not applied trim, graphics or paint. · A large building's design should integrate small liner stores with entrances onto the sidewalk in order to break up the fagade of the larger user. · Any large building's location should be integrated with other buildings and site features with an eye toward a pedestrian-friendly composition. · All large buildings should present at least a two-story elevation to the streetscape. Buildings along streets exterior to the super block should be compatible with existing development opposite the proposal. Approved Comprehensive Plan Language for Albemarle Place (CPA 01-04) iii 6) Projects should limit large surface parking lots through the use of parking structures. Where surface parking lots are necessary, design techniques should be implemented to provide a streetscape that hides the surface parking to the maximum extent possible. 7) Projects should relegate parking to the maximum extent possible. 8) Projects should grade the site and provide design buildings that limit the use and height of retaining walls. Minimizing the height and use of walls is especially important where the walls will face exterior properties. Projects should break tall retaining walls into multiple, shorter walls so that their visual impact is reduced. Additionally, projects should screen their retaining walls with vegetation or techniques to reduce the visual impacts. 9) Projects should provide an appropriate vegetated buffer and screen uses on adjacent properties when the uses are different from each other. O. Public Space and Public Facilities/Amenities 1) Proposals should develop at least 10% of the gross site acreage in amenities and 15% as green space. Public amenities can be paved areas, such as plazas, courtyard, or communal rooftop patios, or landscaped area, such as parks or water features. Green space, which provides an amenity, can be counted towards both amenity and green space percentages. 2) Development within the super block should create pedestrian and bicycle connections to Whitewood Park and open space areas in the Meadow Creek drainage. 3) Projects within the super block should fund a proportionate share of pedestrian and bicycle grade-separated crossings of Route 29 as indicated in the 1999 US Route 29 Pedestrian Study. 4) Projects should investigate provision of space for public facilities, such as a public library and urban gym, as indicated in the Community Facilities Plan. E. Environmental Protection 1) Natural waterways should be retained where possible. If after a careful analysis, it is impossible to retain or protect these waterways, the project should implement measures to protect water quality and quantity that will protect downstream properties and habitat. The project should overtreat and/or detain stormwater to provide additional stormwater protection. Additionally, any mitigation of wetland and stream impacts should be provided within the watershed where feasible. 2) Projects should incorporate the principles of sustainable design, such as green roofs, natural lighting within buildings, and energy efficiency, to a significant extent. 3) Projects should retain significant trees and other vegetation. Approved Comprehensive Plan Language for Albemarle Place (CPA 01-04) iv ATTACHMENT A Approved Comprehensive Plan Language for Albemarle Place (CPA 01-04) v Neighborhood One ATTACHMENT B LOCATION Neighborhood One is bounded by Route 29 North on the east, Hydraulic Road on the south, (and a small area to the south of Hydraulic Road), the South Fork Rivanna River reservoir watershed and Hydraulic Road on the west and the South Fork Rivanna River on the north. EX1ST1NG LAND USE Residential- Neighborhood One contains 3,285 housing units and a population of 7,241 people. This neighborhood contains the largest residential population in the County. Sixteen percent (522) of the housing units in the Neighborhood are single-family attached; twenty-five percent (825) of the housing units are either townhouses, single family attached or duplexes; fifty-six percent (1,827) are multi-family; and three percent (111) of the housing units are mobile homes (July, 1996). There are a number of major residential developments in the Neighborhood, including Whitewood Village, Westfield, Jefferson Tome, Turtle Creek, Sachem Village, Wyndridge, Westgate Apartments, Four Seasons and Townwood. Heritage Hall, a retirement community, is located in this Neighborhood. Commercial and Office- This Neighborhood contains a large inventory of retail and office uses. Some retail uses include Shoppers World Shopping Center (148,783 square feet); Rio Hill Shopping Center (294,901 square feet); Sam's Wholesale Club (113,613 square feet); and Wal- Mart (114,513 square feet). Also, there are a number of other commercial uses in the neighborhood such as car dealerships, hotels, and restaurants, which are almost all along the Route 29 corridor. Larger office uses include Village Offices (Berkmar Drive-30,800 square feet); West Park Plaza (Rio Road-17,975 square feet); Rio West Professional Center (50,074 square feet); Sachem Village (Whitewood Road-12,000 square feet); Republic Business Center (Whitewood Road- 10,032 square feet) and Albemarle Professional Center (Hydraulic Road- 14,398 square feet). Berkmar Crossing (62,066 square fee0 is a mix of office and commercial uses. Industrial- Neighborhood One includes two of the County's largest employers (Sperry and Comdial) who together employ over 2,000 people. Sperry contains 231,055 square feet and Comdial contains 452,380 square feet. Approved Comprehensive Plan Language for Albemarle Place (CPA 01-04) vi ENVIRONMENTAL CHARACTERISTICS In relief, Neighborhood One slopes downward from a western ridge following Woodbum, Rio, Hydraulic and Georgetown Roads to Route 29 North on the east. A series of swales form streams crossing under Route 29 in various locations. TRANSPORTATION Route 29 is a primary arterial road serving the Neighborhood. The Route 29 (Western) Bypass will likely intersect the northern portion of Neighborhood One west of Berkmar Drive and east of Woodbum Road. Rio Road and Hydraulic Road are heavily traveled by vehicular, pedestrian, and bicycle traffic. PUBLIC WATER AND ,~EWER Utilities are present throughout the neighborhood. Major waterlines follow Woodbum, Rio, Hydraulic Roads, and Route 29. Major sewer trunk lines follow Four Seasons Drive and the stream swale through Berkeley Subdivision to the Branchlands PUD, and ultimately to the Moores Creek Wastewater Treatment Plant through the Rivanna Interceptor. PUBLIC FACILITIES Agnor Hurt Elementary, the Seminole Trail Fire Station and Whitewood Park are located in the neighborhood, as well as a boat access to the South Fork Rivanna River at the end of Woodbum Road. Adjacent to the Neighborhood are Greet Elementary, Jouett Middle School and Albemarle High School. Public Facilities are adequate in the area. RECOMMENDATIONS · Due to the potential impact of the Western Bypass, the area north of Rio Road, west of Berkmar Drive and east of Woodbum Road, was designated Transitional. This designation will allow for a wide flexibility of uses and allow uses that would be compatible with the bypass in the long term and provide a transition to the residential property to the west in the short term. Access to Woodbum Road from properties located between Berkmar Drive and Woodbum Drive will be prohibited. Proposed development which impacts on the bypass development shall be discouraged. Approved Comprehensive Plan Language for Albemarle Place (CPA 01-04) vii Projects have been completed cons .................. v ........................................ Future development plans along Route 29 North are to be semitive to its status as an Entrance Corridor Roadway. Transportation improvements include: - Provide landscaping, walkways and bicycle facilities along Route 29 to enhance this corridor as the County s major business district. Widen Hydraulic Road and Rio Road to five lanes between Route 29 North and Whitewood Road. Include walkways and bicycle facilities in conjunction with this project. - Maintain and upgrade transit service to the Neighborhood. Consider extending transit service along Route 29 to the northern most potion of the Neighborhood and to Berkmar Drive. Construct a greenway along the South Fork of the Rivanna River. This provides a pedestrian connection of the Ivy Creek Natural Area to the Urban Area and an oppommity for passive recreation adjacent to the Urban Area. Develop the greenway to meet the recreational and conservation needs of the residents in Neighborhood One, and the entire County. Utility improvements include: Utilize ex:.s -vt- .......... ponds Perform a study to determine capacity of the Meadow Creek Sanitary_ Sewer Interceptor. Maintain the wooded ridgeline along Berkmar Drive to buffer the residential properties along Woodbum Road. Approved Comprehensive Plan Language for Albemarle Place (CPA 01-04) viii · Maintain a wooded buffer between the Community/Regional Service located on Route 29 and the adjacent residential developments. Approved Comprehensive Plan Language for Albemarle Place (CPA 01-04) ix Thursday, September 26, 2002 PRESS RELEASE Albemarle County Sheriff, Ed Robb announced today that his office has received the highest award that a law enforcement agency in Virginia can receive; Accreditation by the Virginia Law Enforcement Professional Standards Commission. This recognition means that the Albemarle Sheriffs Office takes it's place among only thirty seven other law enforcement agencies in Virginia, among hundreds of law enforcement agencies in the Commonwealtl~ SheriffRobb stated this accreditation process is very time consuming and intensive. There was the need to meet over two hundred standards as established by the Virginia Law Enforcemem Professional Standards Commission, and withstand a very critical peer review. The sheriff stated "this award is one of the real highlights of my tenure since I can now say openly and publicly that the Albemarle County Sheriffs Office is cost effective, professional, responsive, and meeting the needs of the public. That fact is confirmed by this vottmtary review by other professionals", 'Robb advised this recognition could not have been achieved without his fine staffof Regular deputies, Office personnel and his Reserve Division. He advised special thanks goes to the Albemarle Board of Supervisors and Bob Tucker, County Administrator as well as John Miller, Albemarle Chief of Police. SheriffRobb stated his Accreditation Manager, Deputy T.D.Layman and Assistant Accreditation Manager, Deputy Robert Shiflett made this possible with the guidance and direction of Accreditation Consultant, Gene Flamm~ From: Subject: Date: Members, Bc~rd d Super~sc~s ,~ ) ~ Ella Washingtm Carey, CMC Peading List f~ December I I, 2002 Decemc)er 4, 2002 H[HORAHDUH March 25 (A), 2002 August 7, 2002 August 14, 2002 September 4, 2002 November 13, 2002 Ms. Thomas Pages 18 - end - Ms. Thomas Mr. Martin Pages I-18 (end at Item # Mr, Perkins I) - Mr. Dc~er NOTE: PLEASE REMEMBERTO PULL YOUR MINUTES IF YOU HA~E NOT READ THEM. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY 12-©5-02 ^~ 2:37 I ~ AGENDA TITLE: Historic Preservation Plan Implementation SU BJ ECT/PROPOSAL/REQU EST: Approval of "Letters of Notification" to be sent by the Historic Preservation Committee to new owners of historic properties AGENDA DATE: December 11, 2002 ITEM NUMBER: ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: STAFF CONTACT(S): Tucker, Foley, Cilimberg, Benish BACKGROUND: I ATTACHMENTS: REVIEWED BY: The Board of Supervisors adopted the Albemarle County Historic Preservation Plan in the Fall of 2000. At that time, the BOS directed the HPC to create a "Top Ten" list of voluntary and incentive measures to be the first measures of the Plan implemented by the Committee. On April 4, 2001 the Board approved the list and created a permanent Historic Preservation Committee, thereby implementing the first recommendation of the list. New committee members were appointed over the next several months and the new Committee met' for the first time in January 2002. Working in subcommittees, the Committee spent the next several months defining action plans outlining the tasks to be performed to implement the Top Ten list. STATUS: The HPC has accomplished the following tasks in the early implementation of the Top Ten List: · Outlined the technological and staffing requirements for a Historic Resources Database. · Begun to study the possibility of creating a temporary, interim Historic Resources Database. · Begun to survey the available information resources to be included in a Historic Resources Database. · Drafted and adopted letters of notification -- letters to new owners of historic properties informing them that they have purchased a significant historic property (see Attachment A) or a property that could be historically significant (see AttaChment B). · Established a temporary method for determining when significant historic properties, or potentially significant historic properties, have been sold/purchased. · Established draft procedures for handling inquiries generated by the letters of notification and other general inquiries from the public, including rotating monitoring of a Historic Preservation phone line (a separate phone line that has already been established) and email box, establishing set answers to frequently asked questions, creating lists of telephone numbers and email addresses for additional sources of information, and maintaining a supply of existing informational brochures on various HP topics. · Drafted a definition of"significant historic resource." · Assembled a "building recordation tool box" and conducted a training session for members on the recordation of historic structures in an effort to have a team available to document significant buildings slated for demolition. · Begun a research project on the country stores of Albemarle County in an effort to gain additional information that might contribute to the County's work on the rural areas, and that could be used as an educational tool and a Historic Preservation Week display. DISCUSSION: The Committee has established a temporary, interim method for notifying new property owners that have purchased an historic property or a property that has potential historic significance. Creation of such a program is item #3 in the Top Ten list (see Attachment C). The temporary system will be used until the Historic Resources Database is in place and coordinated with other County computer systems (item #2 in the Top Ten list). The temporary system will work as follows: A Committee member with access to the Multiple List System (MLS) of CAAR (the local realtors association), assembles the "Sold/Status Fact Sheets" for all properties with a "year built date" of-'50 years old or older for transactions from the previous month. AGENDA TITLE: Historic Preservation Plan Implementation December 11,2002 Page 2 2. The sheets are reviewed at the monthly Subcommittee meeting. A determination is made as to the register status of the property (is it already listed on the State/National Registers?) and as to whether or not the resource has some potential for architectural and/or historical significance. 3. Staff sends a letter of notification to the new owners of the registered properties and to the owners of those properties determined to potentially have significance. Names and mailing addresses are obtained from tax records, reverse directories, the MLS, the phonebook, or other public records. 4. The letters direct owners to the Historic Preservation phone line to request additional information or to discuss their properties RECOMMENDED ACTION: Staff recommends that the Board approve the use of the letters of notification. ATTACHMENTS: A: Letter of Notification for registered properties B: Letter of Notification for potentially significant historic properties C: Priority Recommendations for Historic Preservation in Albemarle County (Top Ten List) 02.188 COUNTY OF ALBEMARLE HISTORIC PRESERVATION COMMITTEE Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, virginia 22902-4596 (434) 872-4509 Fax (434) 972 - 4012 December 1, 2002 Mr. and Mrs. Historic P. Smith Historic Manor 1245 Historic Lane Charlottesville, Virginia 22901 Dear Mr. and Mrs. Smith: The Albemarle County Historic Preservation Committee wishes to congratulate you on your recent purchase of 2895 Old House Drive. Your home is over 50-years-old, may be historic, and is very important to this community. Historic and established properties such as yours give Albemarle a sense of identity and stability, adding richly to our quality of life. These old places--the houses, farms, outbuildings such as barns, dairies, sheds, etc., stores, warehouses, landscapes and bridges--are woven into the fabric of our daily lives. They are a part of what shapes the unique character and spirit of Albemarle County. Together, they define this place we call .home and contribute to our sense of community. Preserving these resources greatly contributes to the vitality of Albemarle County and ensures that reminders of our heritage will remain for future generations. The Albemarle County Historic Preservation Committee was established to help implement the County's Historic Preservation Plan and to help achieve the goal of protecting the County's natural, scenic and historic resources. The Committee is made up of volunteers from many different backgrounds, including archaeologists, historic building contractors, real estate professionals, farmers, architects, architectural historians, and historic building owners. The Committee invites your input and participation in its preservation efforts. For more than 25 years, the national and state register programs have encouraged property owners to voluntarily protect Albemarle's historic places. Many in our community have asked to list their properties on these honor rolls in hopes that owners who come after them may be likewise encouraged to protect Albemarle's historic resources. The Committee applauds private stewardship and strives to give property owners the information and incentives to succeed. Please never hesitate to call upon the Committee as a resource in the stewardship of your historic property. If you want more information, please call (434) 872-4509, or write The Historic Preservation Committee, Albemarle County Department of Planning & Community Development, 401 Mclntire Road, Room 218, Charlottesville, Virgkda 22902-4596. Sincerely, Sara Lee Bames Chairperson cc: File December 1, 2002 COUNTY OF ALBEMARLE HISTORIC PRESERVATION COMMITTEE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 872-4509 Fax (434)972: 4012 Mr. and Mrs. Historic P. Smith Historic Manor 1245 Historic Lane Charlottesville, Virginia 22901 'Dear Mr. and Mrs. Smith: The Albemarle County Historic Preservation Committee wishes to congratulate you on your recent purchase of Historic Manor. As you may be aware, your property is very important to this community. Historic properties give Albemarle a sense of identity and stability, adding richly to our quality of life. These historic places--the houses, farms, stores, warehouses, outbuildings such as barns, dairies, sheds, etc., landscapes and bridges--are woven into the fabric of our daily lives. They are a part of What shapes the unique character and spirit of Albemarle County. Together, they define this place we call home and contribute to our sense of community. Preserving these resources greatly contributes to the vitality of Albemarle County and ensures that reminders of our heritage will remain for furore generations. The Albemarle County Historic Preservation Committee was established to help implement the County's Historic Preservation Plan and to help achieve the goal of protecting the County's natural, scenic and historic resources. The Committee is made up of volunteers from many different backgrounds, including archaeologists, historic building contractors, real estate professionals, farmers, architects, architectural historians, and historic building owners. The Committee invites your input and participation in its preservation efforts. For more than 25 years, the national and state register programs have encouraged property owners to voluntarily protect Albemarle's historic places. Many of our neighbors have asked to list their properties on these honor rolls in hopes that owners who come after them may be likewise encouraged to be sensitive to Albemarle's historic resources. The Committee applauds private stewardship and strives to give property owners the information and incentives to succeed. Please never hesitate to call upon the Committee as a resource in the stewardship of your historic property. If you want more information, please call (434) 872-4509, or write The Historic Preservation Committee, Albemarle County Department of Planning & Community Development, 401 Mclntire Road, Room 218, Charlottesville, Virginia 22902-4596. Sincerely, Sara Lee Barnes Chairperson cc: File PRIORITY RECOMMENDATIONS for HISTORIC PRESERVATION IN ALBEMARLE COUNTY 1.. Create a permanent Historic Preservation Committee'to provide assistance and advice concerning the County's historic preservation program. Compile and maintain a current and comprehensive information base for Albemarle County's historic resources. This database should include, but is nOt limited to, the following: Identification of all historic sites by tax map and parcel number; maintenance of a map of potential prehistoric archaeological sites, and ready accessibility-to all Virginia Department of Historic Resources historic survey inventory data on Albemarle county resources. This information base should be Consulted so that historic resources may be fully considered in the County's development review process, and should be made easily available to interested citizens for educational and informational purposes. This information base should also be coordinated with the County's GIS system. Institute a program whereby new owners of historic properties are notified of the significance of their property and are given instructions for obtaining additional preservation-related information concerning their historic resource. 4. Establish a formal definition of the term "significant historic resource" to be used in the implementation of the County's Historic Preservation Plan. In the event that demolition of a significant historic resource must occur, thoroughly document the resource prior to demolition. Also encourage documentation prior to major adaptive reuse or renovation whenever possible. Promote and encourage preservation by making available information regarding state and national register designation procedures, tax incentives, historic and conservation easements, and other voluntary preservation measures. Foster community pride, good citizenship, and stewardship of the County's historic resources through heritage education programs, beginning with the creation of educational/informational brochures on various County historic preservation issues, including state and national register listing, tax incentives, County policy, etc. The Historic Preservation Committee should work with other organizations to initiate and implement community events for Albemarle County that recognize our historic resources. These events should be coordinated with other statewide heritage tourism activities and National Preservation Week. To help protect the Monticello viewshed, adopt a more formalized procedure that begins early in the planning process to encourage cooperation between the Thomas Jefferson Memorial Foundation and developers of property within the viewshed. 10. Be prepared to take advantage, of resources, as they become available, to assist in implementation of the County's historic preservation plan. 11. Continue to pursue the implementation of financial incentives for historic preservation, including the establishment of a revolving loan fund and the requisite enabling legislation. 12. Two years after the adoption of these recommendations, evaluate the County's progress on these preservation priorities, and evaluate the need for a historic overlay district ordinance. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Authorization to Proceed with Application for Funding and Set Public Hearing SU BJ ECT/PRO POSAL/REQU EST: Dry Well Replacement Program STAFF CONTACT(S): Tucker, Roxanne White, Ron White AGENDA DATE: December 11, 2002 ACTION: CONSENTAGENDA: ITEM NUMBER: INFORMATION: ACTION: X INFORMATION: ATTACHMENTS: REVIEWED BY: BACKGROUND: Governor Mark Warner recently announced funding for a Dry Well Replacement Program (DWRP) for which the Department of Housing and Community Development held an informational meeting on December 3, 2002. The program will provide approximately $2.5 million to assist those families who are CDBG-eligible (under 80% of the area median income) with replacing their water source if their well is not functional due to the drought. Families could receive up to $5000 for the well replacement in the form of a 0% loan. Repayment would be based on their ability to repay. Letters of interest in participating are being requested now from counties with CDBG grants. A draft letter is attached. DISCUSSION: The Albemarle Housing Improvement Program is interested in administering the DWRP and has at least five families awaiting assistance. Additional families may come forward through outreach,which includes required public hearings. The locality must conduct a public hearing on the availability of the funds and proposed uses prior to executing a contract with DHCD. A second public hearing will be scheduled once the contract is signed to announce availability and seek potential clients. Both hearings must be publicized in a non-legal display ad at least seven days prior to the date of the public hearing. The Office of Housing will continue to work with DHCD and AHIP to draft and assemble all agreements, documents, certifications, and assurances necessary to implement this program. RECOMMENDATION: Staff recommends that the Board of Supervisors authorize the County Executive to notify DHCD of the County's interest in participating in this program and its desire to designate the Albemarle Housing Improvement Program as the implementing agency. In addition, staff recommends that the Board advertise and set a public hearing for its first meeting in January 2003. 12-05-02 A05:'t6 IN 02.190 December 11, 2002 Mr. Todd Christensen Associate Director Department of Housing and Community Development 501 North Second Street Richmond, Virginia 23219 RE: Dry Well Replacement Program Dear Mr. Christensen: Please accept this letter as the intent of Albemarle County to contract with DHCD for the Dry Well Replacement Program. As you know much of the state was impacted by the recent drought that not only affected reservoirs but also groundwater. Over the course of the summer and fall, our Office of Housing and the Albemarle Housing Improvement Program have received a number of calls related to need for replacement wells. At this time, AHIP has pre-approved five families (list attached) for assistance. We initially request up to $25,000 for the replacement of five wells and $3750 for administrative costs. The County is pleased to designate the Albemarle Housing Improvement Program as the implementing agency. The County agrees to accept administrative responsibilities including conducting public hearings, executing all necessary agreements, certifications, and assurances, and acting as a flow-through for program funds. On behalf of the Board of Supervisors and the citizens of the County who will benefit from this program, I want to thank you and your staff for making this available in a timely manner. If you have an3, questions, please feel free to contact Ron White at (434) 296-5839, ext. 3407. As always, we look forward to working with you on this important initiative. Sincerely, RWT,Jr~rw Robert W. Tucker, Jr. County Executive COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Authorization for County Executive to Sign Loan and Security Documents S U BJ ECT/PRO POSAL/REQU EST: Loans securing Community Development Block Grant Funds STAFF CONTACT(S): Tucker, Larry Davis, Roxanne White, Ron White AGENDA DATE: December 11, 2002 ACTION: CONSENT AGEN DA: ITEM NUMBER: INFORMATION: ACTION: X INFORMATION: ATTACHMENTS: REVIEWED BY: BACKGROUND: In reviewing a recent request for the approval of a subordination of a loan held by the County, it became apparent that there had been no action to authorize any county official to execute the documents. The loan in question was for the rehabilitation of a home in Esmont as a part of the Community Development Block Grant (CDBG) program. All CDBG funding must be secured by a note and deed of trust on the subject property payable to the grantee, in our case the County of Albemarle. This requirement affects activity in Crezet Crossings and the Porters Road/Yancey School Neighborhood Improvement Project. The Albemarle Housing Improvement Program prepares the loan documents and records the deed of trust associated with each property. The initial note and deed of trust do not require the noteholder's signature. Subsequent revisions do. Most of the loans are deferred and forgivable and carry a 15-year term. DISCUSSION: From time-to-time, requests are received by the Office of Housing and/or County Attorney that requires action related to a recorded lien. These requests are typically loan modification agreements (where the cost of work differs from the original recorded lien amount) and subordination agreements. Most requests are to be signed by a representative of the noteholder and a trustee. Roxanne White and Melvin Breeden are listed as trustees on our loan documents. Apparently it had been a practice for the Chief of Housing to sign as the noteholder, particularly on loan modification agreements, although no action can be found giving such authorization. RECOMMENDATION: Staff recommends authorizing the County Executive to execute documents necessary to protect the County's interest on any loan for which a request is presented by the client or those acting on behalf of the clients and which may affect the County's interest and/or CDBG program requirements. The Chief of Housing and County Attorney's office will present such requests to the County Executive with recommendations for approval. 12-05-02 A05:t6 It~ 02.189 COUNTY OF ALBEMAR E_o4_o2 Ao2: 26 EXECUTIVE SUMMARY RCVD AGENDA TITLE: Amendment of Appendix A. 1, Acquisition of Conservation Easements Program SUBJECT/PROPOSAL/REQUEST: Request adoption of proposed Ordinance to amend County Code Appendix A. 1, Acquisition of Conservation Easements Program STAFF CONTACT(S): Tucker, Davis, Kamptner, Cilimberg, Goodall AGENDA DATE: December 11,2002 ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: BACKGROUND: ITEM NUMBER: IN FORMATION: INFORMATION: Ordinance The ACE program's regulations are set forth in Appendix A. 1 of the Albemarle County Code. The program is now in its third application cycle and the experiences from the first two cycles (the second of which is now at the appraisal stage) have prompted County staff and the ACE Committee to recommend changes to the ACE regulations as reflected in the attached draft. The substantive changes are narrow in scope, addressing very specific issues. A number of minor nonsubstantive changes are also recommended. DISCUSSION: The d raft ordinance would make the following substantive changes to the ACE regulations: 1. Section A.l-103(A)(2) and (9): The proposed amendment would replace the defined term "development right" with "division rights" in order to eliminate confusion with the term "development rights" as used in the Zoning Ordinance. The term "retained division rights" would be added and be defined to mean the number of parcels into which a parcel under an ACE easement could be divided. In awarding points to an application for ranking purposes, section A.l-108(B){3) awards 1/2 point for each division right eliminated, which is determined by subtracting the number of retained division rights (as determined under section A.l-109(A)) from the number of division rights. 2. Section A.l-105(B)(3): The proposed amendment would expand the ACE Committee's current authority to annually review the ACE program's eligibility and ranking criteria to enable it to periodically review the program's regulations, guidelines, administrative procedures and promotion. This amendment is recommended to more fully use the Committee's expertise and experience. 3. Section A. 1-106(A)(1 ): This subsection currently requires that the Appraisal Review Committee be comprised of 3 real estate professionals, the county assessor, and a member of the ACE Committee. The proposed amendment would reduce the total membership of the Committee from 5 to 3 by reducing the number of real estate professionals from 3 to 1. By waiver from the Board n prior years, the Committee has acted with 3 members and this size has proven to be practical. 4. Section A. 1-108(C)(1): In awarding points to an application for ranking purposes, 1 point may be awarded under the current regulations for each 1000 feet of mountain ridge. The proposed amendment would award a point for each 20 acres within a "ridge area boundary," a term defined to mean the area that lies within 100 feet below designated ridgelines shown on County maps. The change to this criterion is recommended because it more accurately describes the resource having value. 5. Section A. 1-108(C)(6): In awarding points to an application for ranking purposes, points may be awarded for various class soils on a parcel. The proposed amendment would more accurately describe the various soil classes. 6. Section A. 1-108(C)(11): The proposed amendment would allow 2 points to be awarded to an application for ranking purposes if the parcel is within an agricultural and forestal district. RECOMMENDATION: At the conclusion of the public hearing, staff recommends that the Board adopt the attached ordinance. 02.182 Draft: 10/29/02 ORDINANCE NO. 02-A.l( ) AN ORDINANCE TO AMEND APPENDIX A. 1, ACQUISITION OF CONSERVATION EASEMENTS PROGRAM, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Appendix A. 1, Acquisition of Conservation Easements Program, of the Code of the County of Albemarle is amended as follows: By Amending: Sec. A.I-100 Sec. A.I-101 Sec. A.l-102 Sec. A.l-103 Sec. A.l-104 Sec. A.l-105 Sec. A.l-106 Sec. A.l-107 Sec. A.l-108 Sec. A.l-109 Sec. A.I-ll0 Sec. A.I-lll Sec. A. 1-112 Sec. A.l-l13 Short title. Purpose. Applicabihty. Definitions and construction. Designation of program administrator; powers and duties. ACE committee established; powers and duties. Appraisal review committee established; powers and duties. Ehgibility criteria. Ranking criteria. Easement terms and conditions. Application and evaluation procedure. Purchase of conServation easement. Program funding. Program non-exclusivity. APPENDIX A.1. Acquisition of Conservation Easements Program Sec. A.I-100. Short title. This ehaplev appendix shall be known and may be cited as the "acquisition of conservation easements ("ACE") program." (Ord. 00-A. 1 (1), 7-5-00) Sec. A.I-101. Purpose. The board of supervisors finds that between 1974 and 1992, twenty-five thousand (25,000) acres of farmland in the county were lost to development; that at present, almost one- third of the acres of forest land in the county is considered by the Virginia Department of Forestry to be too densely populated for timber production; that regulatory land-use planning tools acceptable to date have not been able to stem the conversion of farm and forest land to other uses; and that farm and forest land, clean water and airsheds, biological diversity, scenic vistas and rural character have a pubhc value as well as a private value. Therefore, the specific purposes of ........ v,,,r the ACE pro~ram include, but are not limited to: Draft: 10/29/02 1. Establishing a program by which the county can acquire conservation easements voluntarily offered by owners to serve as one means of assuring that the county's resources are protected and efficiently used; 2. Establishing and preserving open-space and preserving the rural character of Albemarle County; 3. Preserving farm and forest lands; 4. Conserving and protecting water resources and environmentally sensitive lands, waters and other natural resources; 5. Conserving and protecting biodiversity and wildlife and aquatic habitat; 6. Assisting in shaping the character and direction of the development of the community; 7. Improving the quahty of life for the inhabitants of the county; and 8. Promoting tourism through the preservation of scenic resources. (Ord. 00-A. 1 (1), 7-5-00) State law reference - Va. Code § 10.1-1700 et seq. Sec. A.l-102. Applicability. The ACE program shall be available for all lands in the county, except those lands under the ownership or control of the United States of America, the Commonwealth of Virginia, or an agency or instrumentality thereof. Any conservation easement acquired pursuant to this chaptcr under the ACE program shall be voluntarily offered by the owner. (Ord. 00-A.I(1), 7-5-00) Sec. A.l-103. Definitions and construction. A. The following definitions shall apply in the interpretation and implementation of · Jis .... w,~r the ACE pro,am: (1) Conservation easement. The term "conservation easement" means a nonpossessory interest in one or more parcels of one or more qualified easement holders under section A. 1-109(E) acquired under the Open-Space Land Act (Virgini~ Code § 10.1-1700 et seq.), whether the easement is appurtenant or in gross, voluntarily offered by an owner and acquired by purchase pursuant to the ACE program, imposing limitations or affirmative obhgations for the purpose of retaining or protecting natural or open-space values of the parcel or parcels, assuring availabihty for agricultural, forestal, recreational or open-space use, Draft: 10/29/02 protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural or archaeological aspects of the parcel or parcels. ~. Division rights: The term "division rights" mean~ the number o£parcels into which a parcel could be divided under the rural areas zoni~ dis~ct regulations stated in Section 10 of Chapter 18, Zoning~ of the Albemarle CounW Code~ where each potential parcel could comply with all applicable requirements of Chapter 14, Subdivision of Land, and Chapter 18, Zoning, of the Albemarle County Code. (3) Forced sale. The term "forced sale" means a sale of a parcel with unused development rights in a manner prescribed by law that is conducted under a judgment, order or the supervision of a court of competent jurisdiction, other than a sale arising fi.om a partition action; a sale resulting from foreclosure under the laws of the Commonwealth of Virginia; or, a sale that is not the voluntary act of the owner but is compelled in order to satisfy a debt evidenced by a mortgage, judgment, or a tax lien. (4) Hardship. The term "hardship" means an economic hardship, other than a circumstance causing a forced sale, experienced by the owner of the parcel so as to compel him to place a parcel with unused development rights for sale or to use such development rights. (5) Immediate family. The term "immediate family" means an owner's spouse and his or her offspring residing in the same household as the owner. (6) Owner. The term "owner" means the owner or owners of the fi'eehold interest of the parcel. (7) Program administrator. The term "program administrator" means the director of the department of planning and community development. (8) Parcel. The term "parcel" means a lot or tract of land, lawfully recorded in the clerk's office of the circuit court of the County of Albemarle. (9) Retained division rights: The term "retained division rights" means the number of parcels into which a parcel subiect to a conservation easement may be divided as provided in section A. 1-109(A). B. Construction. Because a conservation easement may contain one or more parcels, for purposes of ..... chapter the ACE program the term "parcel" shall include all parcels covered by, or proposed to be covered by, the conservation easement. (Ord. 00-A. 1 (1), 7-5-00) Sec. A.l-104. Designation of program administrator; powers and duties. A. Designation. The director of the department of planning and community develOpment is hereby designated as the program administrator. Draft: 10/29/02 B. Powers and duties. The program administrator, or his designee, shall administer the ACE program and shall have the powers and duties to: 1. Establish reasonable and standard procedures and forms cc, na~atcnt w~th for the proper administration and implementation of the program. 2. Promote the program, in cooperation with the ACE committee, by providing educational materials to the public and conducting informational meetings. 3. Investigate and pursue, in conjunction with the county executive, state, federal and other programs available to provide additional public and private resources to fund the program and to maximize private participation. 4. Evaluate all applications to determine their eligibility and their ranking score, rank applications based on their ranking score, and make recommendations thereon to the ACE committee. 5. Determine the number of ............ v ......... a .... division rights existing on each parcel subject to an application, after obtaining the number of theoretical development rights from the zoning administrator. 6. Coordinate the preparation of appraisals. 7. Provide staff support to the appraisal review committee, the ACE committee and the board of supervisors. the public. Provide educational materials regarding other, land protection programs to 9. For each co_nservation__ easement, assure that the terms and conditions of the deed of easement are monitored and complied with by coordinating a monitoring program with each easement holder, and if the other easement holders are either unable or unwilling to do so, monitor and assure compliance with the terms and conditions of the de_ed of easement. (Ord. 00-A.I(1), 7-5-00) Sec. A.l-105. ACE committee established; powers and duties. follows: Establishment. The ACE committee is hereby established, aa }, ............... as 1. The committee shall consist often (10) members appointed by the board of supervisors. Each member shall be a resident of Albemarle County. The committee should, but is not required to, be comprised of members who are knowledgeable in the fields of conservation, conservation biology, real estate and/or rural land appraisal, farming and forestry and may also include members of conservation easement holding agencies and conservation organizations. 4 Draft: 10/29/02 2. The members of the committee shall serve at the pleasure of the board of supervisors. The initial term of three (3) members shall be for one (1) year. The initial term of three (3) members shall be for two (2) years. The initial term for four (4) members shall be for three (3) years. Each term after the initial term shall be for (3) years. 3. The members of the committee shall serve without pay, but the board of supervisors may, in its discretion, reimburse each member for actual and necessary expenses incurred in the performance of his duties. 4. The committee shall elect a chairman, vice-chairman and secretary at its first meeting each calendar year. The secretary need not be a member of the committee. B. Powers and duties. The ACE committee shall have the powers and duties to: 1. Promote the program, in cooperation with the program administrator, by providing educational materials to the public and conducting informational meetings. 2. Review the ranking of applications recommended by the program administrator, and make its recommendation to the board of supervisors as to which conservation easements should be purchased. 3. Annually ~ review the program's ~11 ~:1,,11:, .... ~,1 ~lr:~ ~*.J,~n regulations, guidelines, administrative procedures and promotion and recommend to the board of supervisors or the prom:am administrator, as am)ror~riate any changes needed to maintain the program's consistency with the comprehensive plan, or to improve the administration, implementation and effectiveness of the program. (Ord. 00-A. 1(1), 7-5-00) Sec. A.I-106. Appraisal review committee established; powers and duties. Ao herein: Establishment. The appraisal review committee is hereby established, as provided 1. The committee shall consist of fiwv-(-5) three (3) members appointed by the board of supervisors. The committee shall be comprised of three (3) one (1) real estate professionals, the county assessor, and a member of the ACE committee. 2. The members of the committee shall serve at the pleasure of the board of supervisors. Each member, other than the county assessor, shall serve a one (1) year term. The county assessor shall be a permanent member of the committee. 3. The members of the committee shall serve without pay, but the board of supervSsors may, in its discretion,-reimburse each member other than the county assessor for actual and necessary expenses incurred in the performance of his duties. 4. The county assessor shall be the chairman of the committee. Draft: 10/29/02 B. Power and duty. The appraisal review committee shall have the power and duty to review appraisals to assure they are consistent with appropriate appraisal guidelines and practices, and to make recommendations thereon to the board of supervisors. (Ord. 00-A. 1 (1), 7-5-00) Sec. A.l-107. Eligibility criteria. In order for a parcel to be eligible for a conservation easement, it must meet the following criteria: (i) the use of the parcel subject to the conserVation easement must be consistent with the comprehensive plan; (ii) the proposed terms of the conserVation deed of easement must be consistent with the minimum ........ +:^~ .............. caacmcnt terms and conditions set forth in section A. 1-109; and (iii) the parcel shall obtain at least fifteen (15) points under the ranking criteria set forth in section A. 1-108. (Ord. 00-A. 1 (1), %5-00) Sec. A.l-108. Ranking criteria. In order to effectuate the purposes of ..... chapter the ACE program, parcels for which conserVation easement applications have been received shall be ranked according to the criteria and the point values assigned '*'~.,.~,.~,, ......... -o o,.~* ~,,, ~,,*'^"~' ,,,.,,,,,,*'~;" as provided below. Points shall be rounded to the first decimal. A. Open-space resources. 1. The parcel adjoins an existing permanent conservation easement, a national, state or local park, or other permanently protected open-space: one (1) point for every five hundred (500) feet of shared boundary. 2. Size of the parcel: one (1) point for each fifty (50) acres. B. Threat of conversion to developed use. 1. The parcel is threatened with forced sale: five (5) points. 2. The parcel is threatened with other hardship: three (3) points. 3. The number of ...... '~ .... ~ .....* --:-*-*-- ...... v ......... ~,~o division rights to be eliminated on the parcel: one-half (1/2) point for each ......'~ .... ~ ..... * ~-*-* ...... v ......... ~,,~ division fi~ht to be eliminated, w~ch shall be dete~ined by sub,acting the number of ...... ~ · ~,~,,,~,,~ ~,.~,,ts~ retained division hghts ta ~ -~*~:~ ~om ~e *~*~ division fi~hts. C. Natural, cultural and scenic resources. 1. Mountain protection: one (1) point for each ....... :~idg fidg ......... r e ~enW (20) acres ~thin a e ~ea bounda~, a; Draft: 10/29/02 d/atrict mapa. For purposes of this section, the term "ridge area boundary" means the area that lies within one hundred (100) feet below designated ridaelines shown on county mountain overlay district elevation maps 2. Working family farm, including forestry: five (5) points if at least one family member's principal occupation and income (more than half) is farming or foresting the parcel; three (3) points if at least one family member produces farm products derived from the parcel. 3. The parcel adjoins a road designated either as a Virginia scenic highway or byway, or as an entrance corridor under section 30.6.2 of Chapter 18 of the Albemarle County Code: one (1) point for each six hundred (600) feet of road frontage; or the parcel adjoins a public road: one (1) point for each one thousand (1000) feet of road frontage. 4. The parcel contains historic resources: three (3) points if it is within a national or state rural historic district or is subject to a permanent easement protecting a historic resource; two (2) points if the parcel is within the primary Monticello viewshed, as shown on viewshed maps prepared for Monticello and in the possession of the county. 5. The parcel contains an occurrence listed on the state natural heritage inventory: five (5) points. 6. The parcel contains ~ class I, II or III soils ("prime soils") for agricultural lands or ordination symbol 1 or 2 for forest land, based on federal natural resources conservation service classifications found in the United States Department of Agriculture Soil Survey of Albemarle County, Vir~.inia: one (1) point for each fifty (50) acres containing such soils, c ..... ~-~ ,^,~ .... ~, ,,, a .... to a maximum of five (5) points. 7. The parcel is within the South Fork Rivanna Reservoir Watershed or the Totier Creek Watershed: three (3) points; or the parcel adjoins the Ivy Creek, Mechums River, Moormans River, Doyles Creek, Buck Mountain Creek, South Fork Rivanna Reservoir, Rivanna River, Totier Creek Reservoir, Jacob's Run, or the Hardware River: one-half (1/2) point for each one thousand (1000) feet of frontage. 8. The parcel adjoins a waterway designated as a state scenic river: one-half (1/2) point for each one thousand (1000) feet of frontage. 9. The parcel is subject to a permanent easement whose primary purpose is to establish or maintain vegetative buffers adjoining perennial or intermittent streams, as those terms are defined in Chapter 17 of the Albemarle County Code: one (1) point for each one thousand (1000) feet of buffer that is between thirty-five (35) and one hundred (100) feet wide; two (2) points for each one thousand (1000) feet of buffer that is greater than one hundred (100) feet wide. If the owner voluntarily offers in his application to place the parcel in such a permanent easement, then the above-referenced points may also be awarded. 10. The parcel is within a sensitive groundwater recharging area identified in a county-sponsored groundwater study: one (1) point. Draft: 10/29/02 11. The parcel is within an a~,ricultural and forestal district: two (2) points D. County fund leveraging. State, federal or private funding identified to leverage the purchase of the conservation easement: one (1) point for each ten (10) percent of the purchase price for which those funds can be applied. (Ord. 00-A. 1 (1), 7-5-00) Sec. A.l-109. Easement terms and conditions. Each conservation easement shall conform with the requirements of the Open-Space Land Act of 1966 (Virginia Code § 10.1-1700 et seq.) and of this chapter appendix. The deed of easement shall be in a form approved by the county attorney, and shall contain, at a minimum, the following provisions: A. Restriction on division. The parcel shall be restricted from division as follows: (i) if the parcel is less than one hundred (100) acres, it shall not be divided; (ii) if the parcel is one hundred (100) acres or larger but less than two hundred (200) acres, it may be divided into two (2) lots; (iii) if the parcel is two hundred (200) acres or larger, it may be divided into as many lots so as to maintain an average lot size of at least one hundred (100) acres, plus one additional lot for any acres remaining above the required minimum average lot size (e.g., an eight hundred fifty (850) acre parcel may be divided into as many as nine (9) parcels, eight (8) of which maintain an average lot size of at least one hundred (100) acres, and the ninth of which consists of the remaining acres). B. Protection of mountain resources. If the owner voluntarily requested in his application that the parcel be awarded points during the evaluation process purauant to under section A.I-108(C)(1) for mountain protection, the deed of easement shall assure that the pa;cel is used and maintained in a manner consistent with the comprehensive plan and, in particular, the Open Space Plan as it pertain~ to mountain resources, and the Mountain Design Standards in Chapter 2 of the Comprehensive Plan. C. No buy-back option. The owner shall not have the option to reacquire any property fights relinquished under the conservation easement. D. Other restrictions. ~ n.~.~:,: .... **.^ c ..... :~ ,~ ...... ~ ................... a .... s, .... v .... The parcel also shall be subject to standard restrictions contained in conservation easements pertaining to uses and activities allowed on the parcel. These standard restrictions shall be delineated in the deed of easement and shall include, but not necessarily be limited to, restrictions pertaining to: (i) the accumulation of trash and junk; (ii) the display of billboards, signs and advertisements; (iii) the management of forest resources; (iv) grading, blasting or earth removal; (v) the number and size of residential outbuildings and farm buildings or structures; (vi) the conduct of industrial or commercial activities on the parcel; and (vii) monitoring of the easement. E. Designation of easement holders. The county and one or more other public bodies, as defined in Virginia Code § 10.1-1700, and designated by the board of supervisors shall be the easement holders of each easement. The public body or bodies who may be designated by Draft: 10/29/02 the board shall include, but not be limited to, the Albemarle County Public Recreational Facilities Authority and the Virginia Outdoors Foundation. (Ord. 00-A. 1 (1), 7-5-00) Sec. A.I-ll0. Application and evaluation procedure. Each application for a conservation easement shall be processed as follows: A. Application materials to be provided to owner. The application materials provided by the program administrator to an owner shall include, at a minimum, a standard application form, a sample deed of easement, and information about the ACE program. B. Application form. Each application shall be submitted on a standard form prepared by the program administrator. The application form shall require, at a minimum, that the owner: (i) provide the name of all owners of the parcel, the address of each owner, the acreage of the Parcel, the Albemarle County tax map and parcel number, the zoning designation of the parcel, and permission for the program administrator to enter the property after reasonable notice to the owner to evaluate the parcel and for the county assessor or an independent appraiser to appraise the property; and (ii) state his adjusted gross income for the three (3) prior tax years, as explained in section A.I-11103). The application form shall also include a space for an owner to indicate that he volunteers to have h/a the parcel be subject to greater restrictions than those contained in the standard sample deed of easement, and to delineate those voluntary, additional restrictions. C. Additional application information required by program administrator. The program administrator may require an owner to provide additional information deemed necessary to determine: (i) whether the proposed easement is eligible for purchase; and (ii) the purchase price of such the easement. D. Submittal of application. Applications shall be submitted to the office of the program administrator. An application may be submitted at any time. However, applications received after July 1 shall be evaluated in the following year. E. Evaluation byprogram administrator. The program administrator shall evaluate each application received and determine within fifteen (15) days whether the application is complete. If the application is incomplete, the program administrator shall inform the owner in writing of the information that must be submitted in order for the application to be deemed complete. When an application is deemed complete, the program administrator shall determine whether the parcel satisfies the eligibility criteria set forth in section A. 1-107 and, if it does, shall determine the number of points to be attributed to the parcel by applying the criteria set forth in section A.l-108. The program administrator shall then rank each parcel scoring at least fifteen (15) points "~'~^~ a.^ ~_',__.~ act c~. ~ ..... :~ ,~ ~ ~ ,~,~ ...................................... -~,,o, with the parcel scoring the most points being the highest ranked and descending therefrom. The program administrator should submit the list of ranked parcels to the ACE committee by August 1. F. Evaluation and ranking by ACE committee. The ACE committee shall review the hst of ranked parcels submitted by the program administrator and shall rank the parcels in the 9 Draft: 10/29/02 order of priority it recommends the easements shall be purchased. The committee should forward to the board of supervisors by September 1 its recommendation of which conservation easements should be purchased. G. Evaluation and ranking by board of supervisors. The board of supervisors shall review the list of ranked parcels submitted by the ACE committee and identify on which parcels it desires conservation easements. The board shall then rank those parcels on which it will seek to purchase conservation easements that year. Nothing in this ehap~ .appendix shall obligate the board to purchase a conservation easement on any property that meets the minimum number of qualifying points. H. Appraisal of conservation easement value. Each conservation easement identified by the board of supervisors to be purchased shall be appraised either by the county assessor or by an independent qualified appraiser chosen by the county. Each appraisal should be completed by October 1. Each completed appraisal shall be submitted to the program administrator and the owner. The program administrator shall forward each appraisal to the appraisal review committee, which shall review each appraisal and make recommendations thereon to the board of supervisors by November 1. I. Requirements and deadlines may be waived. Any requirement or deadline set forth in this ehapte~ appendix may be waived by the board of supervisors if, for good cause, it is shown that exigent circumstances exist that tq warrant consideration of an otherwise untimely application, or it is shown thato .... ~,,~*' the requirements unreasonably restrict the purchase of ~ ~' an easement. Under such thes_e circumstances, the board may purchase a conservation easement at any time it deems necessary and subject to only auc5 those requirements it deems appropriate. v ........................ caacmcnt whose p~cel is not selected for purchase of a conse~ation easement may reapply in ~y ~mre year. (Ord. 00-A. 1 (1), 7-5-00) Sec. A.I-lll. Purchase of conservation easement. Each conservation easement shall be purchased as follows: A. Identification ofinitialpool. From the list ofpareeb ~ received under section A. 1-110(D), the board of supervisors shall designate the initial pool of parcels identified for conservation easements to be purchased. The purchase price may be supplemented by non- county funding. The size of the pool shall be based upon the funds available for easement purchases in the current fiscal year and the purchase price of each conservation easement in the pool established under section A. 1-111 (B). B. Determining purchase price. The purchase price of a conservation easement shall be calculated by multiplying the appraised value by the applicable percentage of appraised value set forth in the table below. The average annual adjusted gross income shall be based on the aggregate of the annual adjusted gross income of each owner of record and the members of his or her immediate family in each of the three (3) most recent tax years. In the case of a parcel 10 Draft: 10/29/02 owned by an entity such as a corporation, partnership, limited liability company, trust or estate, the average annual adjusted gross income of the owner shall be based on the aggregate annual adjusted gross incomes of the shareholders, partners, members, grantor, beneficiaries or decedent, as the case may be. Average Annual Adjusted Gross Income $ 0 - $50,000 Percentage of Appraised Value 100% $50,001 - $60,000 94% $60,001-$70,000 88% $70,001 - $80,000 82O/o $80,001 - $90,000 760/o $90,001- $100,000 700/0 $100,001 - $110,000 64% $110,001 - $120,000 58% $120,001 - $130,000 52% $130,001- $140,000 46% $140,001 - $150,000 40% $150,001 - $160,000 34% $160,001- $170,000 $170,001- $180,000 $180,001- $190,000 $190,001- $200,000 $200,001 or more 28% 22% 16% 10% 4% C. Invitation of to offer to sell. The board shall invite the owner of each parcel included in the initial pool ~' ................ ca~cmcnts to submit an offer to sell to the county a conservation easement on that parcel for the purchase ce, ........ v .................. oj,~,~, to -,~s ......... , and/or to donate to the county the balance of the fair market value of the conservation easement, subject to the terms and conditions of a proposed deed of easement. The purchase price shall not be subject to negotiation. The invitation to acll shall be in writing and shall include the purchase price, the proposed deed of easement, and the date by which a written offer must be received by the program administrator in order for it to be considered. The invitation also _ may ......m include a form offer to be returned by the owner if the owner desires to offer to sell a conservation easement. D. Offer to sell. Each owner who desires to sell and/or donate a conservation easement shall submit a written offer that must be received by the program administrator by the date contained in the invitation to offer to sell. The offer should include a statement hSat substantially states stating the following: "(The owner) offers to sell and/or dOnate a conservation easement to the County of Albemarle, Virginia for the sum of (purchase price), subject to the terms and conditions set forth in the proposed deed of easement enclosed with the invitation to offer to sell." Nothing in this ehaptee .appendix shall compel an owner to submit an offer to sell. E. Acceptance. An offer to sell a conservation easement shall be accepted by the board of supervisors only in writing, and only following an action by the board authorizing 11 Draft: 10/29/02 acceptance. An offer shall not be accepted by the board i ......... *:^- f ............... the proposed easement ......... ~,j,~,,~ }, ...... o would be inconsistent with the policies and goals of the comprehensive plan at the time the Offer is received. Nothing in this ehap~ appendix requires the board to accept an offer to sell a conservation easement. F. Easement established. A conservation easement shall be established when the owner and an authorized representative of the holder of the easement have each signed the deed of easement. The deed shall be recorded in the office of the clerk of the circuit court of the County of Albemarle. A single conservation easement may be established for more than one parcel under the same ownership. G. Offers not made; offers not accepte& invitation to other owners. If an owner invited to submit an offer to sell elects not to do so, or if his an owner's offer to sell is not accepted bY the board of supervisors, then the board shall send an invitation to offer to sell to the owner of the next highest ranked parcel remaining on the list of parcels identified in section A. 1- 1 ~ 0(E). H. Costs. If the board of supervisors accepts an offer to sell a conacrvation casement, the county shall pay all costs, including environmental site assessments, surveys, recording costs, grantor's tax, if any, and other charges associated with closing. Provided, however, the county shall not pay fees incurred for independent appraisals~ oe legal, financial, or other advice, or fees in connection with the release and subordination of liens to the easement purchased by the county. I. Reapplication. An owner for ,.T,. ~, ........who fails to submit an offer to sell or whose offer to sell was not accepted may reapply in any future year. (Ord. 00-A.I(1), 7-5-00) Sec. A.l-l12. Program funding. The ACE program may be funded annually by the board of supervisors in the county budget or by special appropriation. The county shall endeavor to seek funds from federal, state and private sources to effectuate the purposes of .... -*-~-'~ .... 1,~,~ the ACE pro,ram. (Ord. 00-A. 1 (1), 7-5-00) Sec. A.I-113. Program non-exclusivity. The ACE program is a non-exclusive means by which the county may purchase conservation easements or control land use and development, or by which landowners may estabhsh conservation easements and other self-imposed limitations on land use or development. This ehap~ appendix shall not be construed in any way as a limitation upon the county's authority to acquire land for public purposes. (Ord. 00-A. 1 (1), 7-5-00) 12 Draft: 10/29/02 I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Mr. Bowerman Mr. Dorrier Mr. Martin Mr. Perkins Mr. Rooker Ms. Thomas Aye Nay 13 November 27, 2002 Board of Supervisors Albemarle County Re: Fuji Sushi & Grill Buffet. On behalf of my client, Fuji, Sushi & Grill Buffet, i would like to appeal the ruling of the Architectural Review Board relating to the free standing sign and wall sign proposed for the restaurant property on the corner of Westfield Avenue and Route 29N. The application was for two internally illuminated round cabinet signs; one free standing and one wall mounted. The signs are identical and depict a snow capped Mount Fuji silhouetted against a pink and red sunset sky, with the restaurant name in complementary colors tastefully occupying the lower portion of the picture. The chairman of the Architectural Review Board was highly complimentary about the design. Despite this, the board ruled that if the sign was to be internally illuminated, the applicant must be required to follow the standard ARB guideline which requires the backgrounds of all illuminated cabinet signs be blacked out so that, at night, only the lettering is visible. The writer has repeatedly asked the ARB to explain the logic or aesthetic justification for this particular guideline. To date, one board member only has responded with the explanation that it was for "aesthetic reasons". The only conclusion that can be drawn is that a sign whose colors and design are aesthetically acceptable by day, for some reason, becomes aesthetically unacceptable by night. In the case of the sign for which this appeal is being lodged, the ruling is particularly bewildering. The sign (like many signs) creates an identity for the business using a highly recognizable (and beautiful) picture of Mount Fuji for the purpose. The ARB requirement to black out the background (the picture of Mount Fuji) not only robs the restaurant of its identity, it also seriously detracts from the aesthetic appeal of the sign itself. (The same effect could be achieved with any piece of artwork by covering up the artwork leaving only the name of its creator visible). 2165 SEMINOLE TRAIL CHARLOTTESVILLE, VIRGINIA 22901 PH 4-34'974-7900 / BOQ'4B2'6603 WWW. HTSVA.GOM FAX 4-34'974'6898 The ARB ruling would permit the sign to be illuminated externally. However, there are numerous drawbacks to external illumination: 1. It is intended to have relatively tall shrubbery around the base of the free standing sign (an ARB requirement) so ground mounted illumination, with flood lights pointing upward, is not only impractical but also infringes the Dark Skies Ordinance. 2. The alternative of providing overhead illumination requires the installation of an ugly structure attached to the top of the sign extending outward with flood lights shining back onto the sign. 3. Numerous studies have shown that interior illumination of signs provides far greater readability than exterior illumination (substantially reducing traffic hazards). 4. The beautiful shades of color in the sign are enhanced by internal illumination but would be totally 10st with exterior illumination. 5. The owner does not wish to have an externally illuminated sign. For all of the above reasons, the applicant requests that the Board of Supervisors removes the requirement to black out the background of these signs and allows them to be used in th~/y, ay~ernally illuminated cabinet signs are intended to be used. Ben Foster President, Hightech Signs On behalf of Fuji Sushi & Grill Buffet. COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McInfir¢ Road, Room 21 $ Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 1 2-0 3 - 0 2 A 0 9: 4 4 November 25, 2002 RCVD Ben Foster 2165 Seminole Trail Charlottesville, VA 22901 RE: ARB-2002-126: Fuji Sushi & Grill Buffet Sign; Tax Map 61W, Section 1, Block A, Parcel 3 Dear Mr. Foster: The Albemarle County Architectural Review Board reviewed the above noted item at its meeting on Monday, November 18, 2002. The board unanimously approved a Certificate of Appropriateness, pending staff administrative approval of the following conditions: Approval of the channel letters as proposed in the building permit with the following condition to be approved administratively by staff: 1. Provide a photograph of the side elevation of the building showing the sign, with the correct dimensions, in its proposed location, to scale. Approval of the cabinet wall sign with the following conditions to be approved administratively by staff: 1. Internally illuminate the message portion only or provide external illumination. If extemal illumination is proposed, provide inform ation on proposed light fixtures. 2. Refinish surface of the tower to eliminate shadow of previous sign. Approval of the freestanding sign with the following conditions to be approved administratively by staff: ' .1. Internally illuminate the message cortion only or provide external illumination. If external illumination is proposed, provide information on proposed light fixtures. 2. Provide an alternate design for the base that is more compatible with the circular cabinet or significantly add to the landscaping. Please note that this application does not include window signs. If window signs are proposed, review by the ARB is required. Please provide 2 copies of the revised drawings or other information addressing each of these conditions at your earliest convenience. Include a memo indicating how each condition has been satisfied. If changes other than those requested have been made, identify those changes in the memo also. When staff's review of this information indicates that all conditions of approval have been met, a Certificate of Appropriateness may be issued. If you have any questions, please do not hesitate to contact me. Sin/c/erely, J~et Miller Landscape Architect JM/jcf Cc: File ARCHITECTURAL REVIEW BOARD STAFF REPORT Project #: Name ARB-2002-126: Fuji Sushi & Grill Buffet Sign Review Type Review for a Certificate of Appropriateness for signs Parcel Identification Tax Map 61W, Section 1, Block A, Parcel 3 Location 1250 Seminole Trail, south of Westficld Road, north of Greenbrier Drive, across from Toys R Us Zoned Entrance Corridor (EC), Commercial (C1) Magisterial District Rio Proposal Install two wall signs and one freestanding sign ARB Meeting Date November 18, 2002 Staff Contact Janet Miller PROJECT HISTORY The record indicates that the ARB has not previously approved signs for this building. The signs for the Wood Grill Buffet were approved by the Building and Zoning Department in November 1996. They included: ~,~e 12' high, illuminated, freestanding sign · 8' x 10' illuminated cabinet wall sign on the north face of the tower, facing Westfield Road · 24" high, illuminated, red channel letters on the fagade fronting Route 29. Signs have been removed from the building and site and the freestanding and cabinet wall sign have been relocated to the present location of the Wood Grill Buffet (formerly Old Country Buffet). PROJECT DETAILS Channel Letters: Illumination: Neon Sign Size: Fuji: 24" high x 24" long; Sushi & Grill Buffet: 24" high x 21' long (46 SF) Overall Sign Height: 15' Colors: Red faces (Acrylic #2793), bronze trim caps and returns Graphics: None Location: On the east fagade of the building, fronting Route 29 Cabinet Wall Sign: Illumination: Internal fluorescent; entire sign (text, graphics, background) to be internally illuminated Overall Cabinet Size: 76.6" diameter (32 SF) Overall Sign Height: 36' Text & Colors: FUJI SUshi & Grill Buffet, white'letters fading to apricot (PMS 474) with a red (PMS 485) outline Graphics & Colors: Reddish sky (PMS 170 fading to PMS 474), blue mountain (PMS 257 fading to PMS 660 to PMS 296) with white snow-capped top. Outline of cabinet is red (PMS 485). r~[-~cation: In the previous sign location, on the north face of the tower, facing Westfield Road ARB 11/18/02 Fuji Sushi & Grill Buffet Sign -- Page 1 Freestanding Sign: Sign _type: Double-faced cabinet sign supported by a steel column which is enclosed in a 2' x 2' pole cover f-'~[llumination: Internal fluorescent; entire sign (text, graphics, background) to be internally illuminated Overall Cabinet Size: 76.6" diameter (32 SF) Overall Sign Height: 12' Text & Colors: FUJI Sushi & Grill Buffet, white letters fading to apricot (PMS 474) with a red (PMS 485) outline Pole Cover Color: Dark blue (PMS296) Graphics & Colors: Reddish sky (PMS 170 fading to PMS 474), blue mountain (PMS 257 fading to PMS 660 to PMS 296) with white snow-capped top. Outline of cabinet is red (PMS 485). Location: In the previous sign location, approximately 25' from the curb of Route 29 (southbound lane) ANALYSIS: Information submitted to the ARB is different from the information included in the application for the building permit. This analysis is based on the information provided in the building permit for the sizes and locations of the proposed signs. Channel Letters · As illustrated, the location of the "T" in the "BUFFET" channel letter sign would conflict with the exterior light fixture. However, the illustration of the channel letters appears to be inaccurate. The length of the channel letters seems to be greater than the measurement proposed. Based on the information submitted in the building permit, the proposed size of the sign appears to be coordinated with the building. · The sign meets Zoning Ordinance requirements for area and height. · The proposed red color has been approved for other signs in the EC. Cabinet Wall Sign and Freestanding Sign r,~,.· The ARB Design Guidelines state that backgrounds of internally illuminated signs must be opaque. The background of the freestanding sign and cabinet wall sign do not meet this guideline. Guidelines can be met by internally illuminating the text only or by externally illuminating the entire sign. · The signs meet Zoning Ordinance requirements for area and height. · The surface of the tower has a shadow where the previous wall sign was located. · Existing landscaping for the freestanding sign will remain. · The relationship of the large circle to the tall, thin post has an uncomfortable appearance. RECOMMENDATIONS: The following recommendations are based on the information provided in the building permit for the sizes and locations of the proposed signs. Staff recommends approval of the channel letters as proposed in the building permit. Staff recommends approval of the cabinet wall sign with the following conditions: 1. Internally illuminate the message portion only or provide external illumination. If extemal illumination is proposed, provide information on proposed light fixtures. 2. Refinish surface of the tower to eliminate shadow of previous sign. Staff recommends approval of the freestanding sign with the following conditions: 1. Internally illuminate the message portion only or provide external illumination. If external illumination is proposed, provide information on proposed light fixtures. 2. Provide an alternate design for the base that is more compatible with the circular cabinet. 3. If the ARB chooses to approve the base as proposed, it is recommended that additional landscaping be provided. ~"~This application does not include window signs. If window signs are proposed, review by the ARB is required. ARB 11/18/02 Fuji Sushi & Grill Buffet Sign - Page 2 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 November 21, 2002 Edward Given Nextel Partners. Inc 5115 Bernard Drive, Suite 200 Roanoke, VA 24018 The Albemarle County Planning Commission. at its meeting on November 19, 2002, unanimously recommended of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 11. The facility shall be designed, constructed and maintained as follows: 1 The facility including the monopole, the ground equipment building, and any antennas shall be sized, located and built as shown on the application plan entitled, "Nextel Partners, Inc./Mill Mountain", dated August 22, 2002. 2. The pole height shall include any base, foundation or grading that raises the pole above the pre- existing, natural ground elevation. 3. The top of the pole, as measured Above Mean Sea Level (AMSL), shall never exceed one foot above, the top of the 25-inch, 91-foot tall Poplar Tree identified in the application plans, which has a top ~le~ation of 939 feet AMSL. In no case shall the pole exceed 105 feet in height at the time of installation without prior approval of an amendment to this special use permit or personal wireless facility permit. The monopole shall be made of wood and be a dark brown natural wood color. The ground equipment building, antennas, concrete pad and all equipment attached to the pole shall be a color that closely matches that of the pole and shall be no larger than the specifications set forth in the application plans. 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 distance between the face of the pole and the faces of the antennas be more than 12 inches. No satellite or microwave dishes shall be permitted on the monopole. No antennas or equipment, with the exception of a lightning rod, shall be located above the top of the pole. The lightning rod shall not exceed more than 2 feet above the top of the monopole and shall not exceed 1 inch in diameter. No guy wires shall be permitted. No lighting shall be permitted on the site or on the pole, except as herein provided. 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: The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted. RE: SP-2002-051 Violet Mawyer--Mill Mountain (Nextel); Tax Map 98, Parcel 22 Dear Mr. Given: Pdor to the issuance of a building permit, the following rea uirements shall be met: 12. 13. 14. Certification by a registered surveyor stating the height of the reference tree that has been used to justify the height of the monopole shall be provided to the Zoning Administrator. Submittal of a tree conservation plan, developed by a certified arborist, to the Director of Planning and Community Devela pment for approval. The plan Shall sPecify tree protection methods and procedures, and identify any existing trees to be removed on the site - both inside and outside the access easement and lease area. All con struction 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. With the Building Permit Application, the applicant sh all submit the final revised set of site plans for construction of the facility. During the application review, Planning staff shall review the revised plans to ensure that all appropriate conditions of the special use permit have been addressed. After the completion of the pole installation and prior to the issuance of a Certificate of Occupancy or to any facility operation, the following shall be met: 15. 16. 17. Certification by a registered surveyor stating the height of the pole, measured both in feet above ground level and in elevation above mean sea-level (ASL) using the benchmarks or reference datum identified in the application shall be provided to the Zoning Administrator. Certification confirming that the lightning rod: a) height does not exceed two feet above the monopole; and, b) width does not exceed a diameter of one-inch, shall be provided to the Zoning Administrator. No slopes associated with construction of the facility shall be created that are steeper than 2:1 unless retaining walls, revetments, or other stabilization measures acceptable to the County Engineer are employed. After the issuance of a Certificate of Occupancy, the following requirements shall be met: 18. 19. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning Admirfistrator by July 1 of each year. The report shall identify each personal wireless service provider that uses the facility, including a drawing indicating which equipment, on both the tower and the ground, are associated with each provider. All equipment and antennae from any individual personal wireless service provider shall be disassembled and removed from the site within ninety (90) days of the date its use is discontinued. The entire facility shall be disassembled and removed from the site within ninety (90) days of the date its use for personal wireless service 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 shall 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, in an amount sufficient for, and conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on December 11, 2002. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Stephen Waller, AICP Senior Planner SW/jcf Cc: Ella Carey Amelia McCulley Jack Kelsey Steve AIIshouse STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: STEPHEN WALLER NOVEMBER 19, 2002 DECEMBER 4, 2002 SP 02-051 VIOLET MAWYER (MILL MOUNTAIN/NEXTEL) Applicant's Proposal: This proposal is for the installation of a personal wireless service facility, which would include a wood monopole, approximately 105 feet tall, with a top elevation that is approximately 940 feet Above Mean Sea Level (Attachment A). This would result in a monopoie that is approximately only one foot higher in AMSL elevation than a 25-inch diameter, 91-foot tall Poplar tree, which is located approximately 10 feet east of the facility (Attachment B). The monopole would be equipped with two 1-foot by 8-foot, flush-mounted panel antennas and a one-inch lightning rod at the top. Ground-based equipment would be contained within in a 10~foot by 20-foot utility building on a concrete pad. The applicant's request also includes an 800 square foot area around the facility, which would be enclosed within a chain-link fence that would be fitted with wooden stockade fencing on its exterior. The property, described as Tax Map 98 - Parcel 22, contains 48.83 acres, and is located in the Samuel Miller Magisterial District on Thackers Lane [State Route 804] approximately 400 feet east of the intersection of with Monacan Trail Road [U.S. Route 29 South] (Attachment C). The parcel is zoned RA, Rural Areas, and the Comprehensive Plan designates this property Rural Areas 4. Petition: As part of a system that is intended to provide wireless service coverage throughout the area the applicant, Nextel, maintains several personal wireless facilities in the County of Albemarle. The purpose of this petition is to enable Nextel to extend its coverage along the Route 29 corridor, south of the City of Charlottesville. This request is being made in accordance with Section 10.2.2.6 of the Zoning Ordinance, which allows radio wave transmission and relay towers, and their appurtenances by special use permit. Planning and Zoning History: SP 98-007 Cook Mountain (CV 144) - At its meeting on May 20, 1998, the Board of Supervisors approved a request to allow CFW Wireless to construct the existing personal wireless service facility on the subject property (Attachment D). This allowed the construction of a facility utilizing a wooden monopole that was not to extend any higher than the tallest tree within 25 feet, with attachment of not more than six whip antennas that were allowed to extend an additional 7 feet above the tower. SP 99-041 Cook Mountain (CV 144) - At it's meeting on August 18, 1999, the Board of Supervisors granted approval of a request to amend the previous special use permit allowing CFW to replace existing whip antennas with panel antennas that currently extend 7 feet above the tallest tree within 25 feet. This action was taken at the same time that special use permits for five other CFW sites were also amended. Character of the Area: The approximate location of the proposed facility site has been indicated on the topographic map in Attachment B. The site of the proposed facility is a wooded lease area that is 2500 square feet in area and situated at an elevation between 834 and 848 feet Above Mean Sea Level (AMSL) on the side of Cook Mountain, which peaks at an elevation approximately 1225 feet AMSL. The application plans show that the proposed location of the monopole is situated at the 844 contour line, and would be graded down to approximately 835 feet, resulting in a monopole with a top height of approximately 940 feet AMSL. A 25-inch diameter, 91-foot tall Poplar tree at a base elevation of approximately 848 feet and with a top height of 939 feet AMSL is located approximately 10 feet east from the proposed location of the monopole. Another 97-foot tall Poplar tree with a top elevation of 946 feet AMSL is located approximately 21 feet northeast of the pole location. The nearest property line is located approximately 412 feet south of the proposed lease area for this site and is the shared boundary with property identified as Tax Map 98/Parcel 23. The lease area for the existing personal wireless service facility, which was constructed in 1998, is located on the subject parcel approximately 140 feet to the west of the proposed facility site. The nearest dwelling is located approximately 420 feet west of the facility site and is also located on the same parcel that is subject to this request. The nearest dwelling on an adjacent parcel is nearly 800 feet away from the site. All of the adjacent properties are zoned Rural Areas. The site is surrounded on all sides by a variety of large hardwoods that continue up the incline of Cook Mountain. Access to the lease area for the new facility would be provided by extending the existing driveway gravel access road approximately 238 feet east, from the entrance of the existing lease area, through a largely cleared area of an old road bed and into the wooded lease area. During a field visit, staff obserVed that a red balloon floated at the height of the proposed monopole appeared to extend slightly above the treetops when viewed from a location near the edge of the tree line on the subject parcel (Attachment E). The balloon was visible below the ridgeline from the driveway for the neighboring parcel to the south. The balloon could only be seen from the public road right-of-way for U.S. Route 29 through a row of evergreen trees along the frontage of an adjacent parcel property, while standing in place, and it appeared to be well below the ridgeline. COMPREHENSIVE PLAN:. Because the largest portion of the proposed road extension passes over an existing clearing, the amount of clearing necessary for access and elec~:rical services from the existing facility would be minimal. Therefore, this request is being reviewed for compliance with the recommendations of the Comprehensive Plan that mainly focus on the impacts that could result from the presence of the tower and new ground-based equipment in the proposed location. The Personal Wireless Service Facilities Policy is the component of the Comprehensive Plan that provides specific guidelines for the siting and review of wireless facilities. Both the Open Space Plan and Chapter 2 of the Comprehensive Plan, entitled Natural Resources and Cultural Assets, provide staff with guidance for managing the County's natural, scenic and historic resources, and for the preservation and conservation of those resources in order to protect the environment for future use. 2 PersOnal Wireless Service Facilities Policy: The guidelines set forth in the Personal Wireless Service Facilities Policy are focused largely on reducing the visual impacts of wireless facilities from surrounding properties and roadways. The Wireless Policy recommends the implementation of a three-tiered approval system to address criteria related to the siting and design of new facilities. Thefirst tier sets a preference for the development of "stealth" facilities that can either 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 nafural 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. 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. Some of the resources that have been identified as potentially being impacted by this request are mountains, the entrance corridor and forests. With consideration for the 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. 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. 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. Although this site is located on the side of Cook Mountain, the proposed facility site is located below the Mountain Resource Area, which begins at the 900-foot contour. The intent of the Entrance Corridor Overlay District as stated in the Zoning Ordinance is, in part, "to implement the Comprehensive plan goal of protecting the county's natural, scenic and historic, architectural and 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." Although this property is accessed from Route 29, it is not directly adjacent to it and the proposed facility site is located more than 500 feet away from the right-of-way. Therefore, this special use permit request is not subject to review by the Architectural Review Board (AttaChment F). Based on the observation of balloon tests, and the fact that the existing tower is not visible when traveling on Route 29, it is staff's opinion that the proposed facility would not impose any discernible impacts upon the entrance corridor. The forests surrounding the proposed site of this facility are another resource that is recognized by the Open Space Plan as being present on the subject parcel. 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 in with the natural surroundings. This includes the preference for using structures that are no taller than the natural tree canopy so that they are not "skylighted" against the horizon so as to alter the ridgelines. Because of the limited amount of disturbance for the installation of this facility, and its distance from property lines, it is staff's opinion that approval of this proposal would not greatly impact the naturally forested state of the subject parcel, or any of the neighboring properties within the area. Additionally, the applicant has already followed through on the standard condition of approval for wireless facilities requiring the establishment of a tree conservation plan by a certified arborist, which has been submitted prior to approval of the special use permit. RECOMMENDATION Staffhas reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recommends approval with some amendments to the standard conditions of approval, and omission of the fencing proposed by the applicant. STAFF COMMENT; Staffwill address the issues of this request in four sections: Section 31.2.4.1 of the Zoning Ordinance; and, Section 704 (a)(7)(b)(I)(II)of the Telecommunications Act of 1996. 1. Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue all special use permits p~rmitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, Staffnotes that a concern for the proliferation of multiple wireless facilities within the same vicinity has been brought forth in the review of past proposals. The existing facility, with its monopole that extends slightly above the tops of the trees, is not an obtrusive feature that draws attention to the facility, nor does it impose any substantial detriment to adjacent properties. This is both a result of its location within a wooded area where its mounting structure would be similar in height to the nearby trees, and its distance from surrounding properties. Although the monopole for the facility that is being proposed would be taller than the existing one, by observing the balloon test, staff has determined that both of the wooden monopoles would only be visible above the trees from locations that are within the boundaries of the subject property. Staff also observed that the visual impact of the existing facility and the balloon were reduced from distances that are farther away due to the backdrop that is provided by the vegetation on the incline of Cook Mountain. Therefore, a facility employing a monopole at the requested height would not introduce an objectionable feature in the ridgeline and draw additional attention to another facility that already exists on the subj eot parcel. Once the facility has been constructed and is fully operational, staff does not expect that the 4 scheduled site visits would create a significant increase in actiGty or traffic within the area. The applicant's request indicates that Nextel service personnel would only have to travel to the unmanned site once a month for routine maintenance visits. It is anticipated that some unscheduled visits will be necessary on occasions when electrical power to the site been interrupted by weather or other unexpected occurrences. that the character of the district wilt 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. Although the building that is needed to hold the ground based equipment in this proposal is much larger than the equipment cabinets that have been implemented by other service providers, the standard conditions of approval require that all ground-based equipment be painted brown. This should assist with obscuring the facility from views outside of the lease area. However, the proposed fencing of the facility is not consistent with the natural character of the forests within the Rural Areas district, and would give the appearance of a larger building. The applicant has submitted information indicating that the proposed equipment building is resistant to bullets, vandalism and fire. Therefore, it is staff's opinion that the applicant's proposal for containing the facility within a large fenced area would require an amount of disturbance exceeding what is necessary for establishing the personal wireless services. Furthermore, staff notes that a majority of the personal wireless service facilities throughout the Rural Areas have been established without any fencing, this includes the existing one on the subject property. 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 Section 1.5. Section 1.4.3 states, "To facilitate the creation of a convenient, attractive and harmonious community," as an intent of the Ordinance. As evidenced by the expanded and rapid increase in use, mobile telephones clearly provide a public service, and the establishment of wireless service facilities expands the availability of communications opportunities and convenience for users of wireless phone technology. In the event of emergencies, the increased access to wireless communication oppommities is clearly consistent with the accepted principles of public health, safety and general welfare. Although wireless facilities are not often credited for enhancing the visual appearance of the surrounding areas, the guidelines of the Wireless Policy are intended to ensure that equipment for those facilities are not responsible for intruding upon the important resources that promote the attractiveness of the community. Section 1.5(Relation to Environment) states in part that the "ordinance is designed to treat lands which are similarly situated and environmentally similar in a like manner with reasonable consideration for the existing use, and character of properties, the Comprehensive Plan, the suitability of property for various use...; and preservation of flood plains, the preservation of agricultural and forestal land, the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the County." It has not been demonstrated that these types of uses conflict with any of the other agricultural and forestal objectives that are set forth for the Rural Areas, when they are designed and sited properly. The introduction of the second wireless facility within the immediate area by approving this request would clearly increase the level of services that are available in the Rural Areas. However, it is also staff's opinion that if it is approved with the recommended conditions this request could be approved in harmony with the purpose and intent of the Ordinance. with the uses permitted by right in the district, Aside for restrictions on tree cutting within a certain distance of the facility, approval of this proposal would not act to restrict any of the current uses on the subject parcel, or by-right uses allowed on any other property within the Rural Areas district. with additional regulations provided in Section 5.0 of this ordinance, and with the public health, safety and general welfare. Section 5.1.12a of the Zoning Ordinance contains regulations for locating pubhc utility structures in a manner which "will not endanger the health and safety of workers and/or residents in the community and will not impair or prove detrimental to neighboring properties or the development oft he same." The Federal Communications Commission's (FCC) regulations set forth in-the Telecommunications act address the most significant concerns for public health and safety regarding personal wireless services. Staffhas attempted to address the concerns for possible impacts upon neighboring properties in the area throughout this staff report and in the recommended conditions. The Ordinance also contains section 5.1.40, which sets the requirements for the submittal, review and approval of applications for personal wireless service facilities. When those regulmion are combined with the standard conditions of approval that are applied to personal wireless service facilities, it is staff's opinion that this special use permit can be issued in compliance with the provisions for public health, safety and general welfare. 2. Section 704(a)(7)(b)(I)(II) 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 6 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 personal wireless facilities. The applicant has not provided any information regarding the availability, or lack thereof, of alternative sites to serve the areas that would be covered with the new antennas at this site. Therefore, itis 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 following factors, which are favorable to this request: The monopole at the facility would only be skylighted above the tree tops from points within the property; When viewing a balloon flown at the proposed height of the monopole from U.S. Route 29, this site was provided with adequate backdrop without skylighting from the vegetation and topography of Cook Mountain; This site is located in a wooded area that is more than 400 feet from the nearest property line; and, The facility would not restrict any of the permitted uses on adjacent properties. Staffhas identified the following factor, which is unfavorable to this request: 1. The applicant is proposing to enclose the facility within a large fenced area. The following factors are relevant to this consideration: There is an existing personal wireless facility on the subject parcel, within 200 feet of the proposed facility; There are existing and reasonable by-right uses that could be established onthe subject property; and, The applicant has already submitted a tree conservation plan prepared by a certified arborist and has begun: to incorporate those recommendations in the construction plans. RECOMMENDED ACTION: Staff has reviewed this request for compliance with the provisions set forth in Section 31.2.4.1 of the Zoning Ordinance and recommends approval with conditions. As a result of the complications in enforcement that have been experienced with some past special use permits for personal wireless service facilities, staff has reorganized the format for the general conditions of approval. The language for a majority of the conditions is exactly as it has appeared in past conditions, with the exception that they have been grouped according to the point of time when they are most relevant. The most significant changes are reflected in the way that the height requirements are being stated. (In the event that the Board chooses to deny this application staff offers the following comment: In order to comply with the provisions of the Telecommunication Act, staff requests consensus direction from the Board regarding the basis for denial of the application and instruction to staff to return to the Board with a written decision for the Board's consideration and action.) Recommended conditions of approval: The faciliw shall be designed, constructed and maintained as follows: 1. The facihty including the monopole, the ground equipment building, and any antennas shall be sized, located and built as shown on the application plan entitled, "Nextel Partners, Inc./Mill Mountain", dated August 22, 2002. 2. The pole height shall include any base, foundation or grading that raises the pole above the pre-existing, natural ground elevation. 3. The top of the pole, as measured Above Mean Sea Level (AMSL), shall never exceed one foot above the top of the 25-inch, 91-foot tall Poplar Tree identified in the application plans, which has a top elevation of 939 feet AMSL. In no case shall the pole exceed 105 feet in height at the time of installation without prior approval of an amendment to this special use permit or personal wireless facility permit. 4. The monopole shall be made of wood and be a dark brown natural wood color. 5. The ground equipment building, antennas, concrete pad and all equipment attached to the pole shall be a color that closely matches that of the pole and shall be no larger than the specifications set forth in the application plans. 6. 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 distance between the face of the pole and the faces of the antennas be more than 12 inches. 7. No satellite or microwave dishes shall be permitted on the monopole. 8. No antennas or equipment, with the exception of a grounding rod, shall be located above the top of the pole. 9. No guy wires shall be permitted. 10. No lighting shall be permitted on the site or on the pole, except as herein provided. 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 trait 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. 11. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted. Prior to the issuance of a building permit, the following requirements shall be met: 12. 13. Certification by a registered surveyor stating the height of the reference tree that has been used to justify the height of the monopole shall be provided to the Zoning Administrator. Submittal of a tree conservation plan; developed by a certified arborist, to the Director of Planning and Community Development for approval. The plan shall specify tree protection methods and procedures, and identify any existing trees to be removed on the site - both inside and outside the access easement and lease area. 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 8 14. 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. With the Building Permit Application, the applicant shall submit the final revised set of site plans for construction of the facility. During the application review, Planning staff shall review the revised plans to ensure that all appropriate conditions of the special use permit have been addressed. After the completion of the pole installation and prior to the issuance of a Certificate of Occupancy or to any facility operation, the following shall be met: 15. 16. 17. Certification by a registered surveyor stating the height of the pole, measured both in feet above ground level and in elevation above sea-level (ASL) using the benchmarks or reference datum identified in the application shall be provided to the Zoning Administrator. Certification confirming that the grounding rod: a) height does not exceed two feet above the tower; and, b) width does not exceed a diameter of one-inch, shall be provided to the Zoning Administrator. No slopes associated with construction of the facility shall be created that are steeper than 2:1 unless retaining walls, revetments, or other stabilization measures acceptable to the County Engineer are employed. After the issuance of a Certificate of Occupancy, the following requirements shall be met:~ 18. 19. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each personal wireless service provider that uses the facility, including a drawing indicating which equipment, on both the tower and the ground, are associated with each provider. All equipment and antennae from any individual personal wireless service provider shall be disassembled and removed from the site within ninetY (90) days of the date its use is discontinued. The entire facility shall be disassembled and removed from the site within ninety (90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning Administrator determines at any time that surety is required to guarantee that tl~e facility will be removed as required, the permittee shall 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, in an amount sufficient for, and conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney. ATTACHMENTS: B- C- D- E- F- Special Use Permit Application and Information Packet Application Plans Location Map and Topographic Map Approval Letter for the Existing Facility Balloon Test Photos Letter from the ARB Design Planner County of Albemm'le- ';' 5epa~m~'n~0i~ui-lding Code and Application for Special Use Permit I~ ( staff will ~ist you with ~c items) -. · -  Nu tuber of acr~ to be covered by Spe~al Use Permit m, ~ u ~ ~ ~t~ ~ ~o ~$- ~ ~ I$ this an amendment to an e~ating Spe~al Use Permit? ~ Y~ No . / Are you submitting a site development plan with ~ application7 ~ Y~ No ATTACHMENT A IContact Person (Who,,, shouia ,~c call/write con=ming this ~'--//¢.~ '~'~ ~. al~ prOlca?): Owner of land (^s tistcd in th, County's record,': / Daytime Phone IDaytimePl~on¢(5'qO,) 'Tz~'-' t/c/t?6 Fax#. ~'¥a--'7~/'/5'.~.E-maii axmap andlmreel~_~.P .~.ff prime / ~-~-" Physical Address{if:ssi,aed, ,Z/q.~ / //,,'~gK~jT~- / / w~ or havean owne~h~ merest tn) an~ abutting property° Ifyes, ple=e ltst  Does the owner of this pro~¢gY O ~ ' ' Y 'P' ' ' . ' ' those mx map and p~cel number~/r fl -- OFFICE Fc~ .~u.t Sg~'~"J' .Dam ,'aid ~~hcck" Concu~cm mvie~ of Site Development PI~? ~ i~ ~ No 401 Mclntire Road + Charlottesville, VA 22902 + Voice: 296-5832 ':' Fax: 972-4126 Section 31.2.4.1 of the Albemarle County Zoning Ordinance' states that, "Thc boarc ATTACHMENT A hereby reserves unto itself' the right to issue all special use pcbrrdts permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the board of supervisors that such usc will not be or' substantial detriment to adjacent property, that the character of the district will not be changed thereby and that such use will be in harmony with the purpose and intent of this ordinance, with the uses permitted by right in the district, with additional regulations provided in section 5.0 of this ordinance, and with the public health, safety and general welfare. ... "-The items wmcl~ follow will be' reviewed by the staff in their of your request. Please form and provide additional information which'will assist the County in its . ~' ........ re~,iew of your request. If you need assist.ance filling odt these items, sta'ff is available. WhatisthcComprchensivcPlandcsignadonforthispropcrty?, How will thc proposed spccial usc affect adjacent How will thc proposed special usc affect thc character o[' dm district surrounding thc propcrty?., How is the use in harmony with~thc purpose and intent of thc Zoning Ordinance?,. How is thc usc in harmony with thc uses permitted by right in thc district? How will this usc promote the public health, safety, and general welfare of the community? 1I Describe your request in detail and include all pertinent information such as the numl involved in the use, operating hours, and any unique features of the use: ATTACHMENT A s ....... . ........ ......... ~QU~ED - provide two(2) cop~~:'~3: '/"~' :'~' ~. -. _ ,~-~.~- .~.~.~._ --:_ ~p;~'-:~ - .. ~:~... ....... ~...~ ~ ...... ~ ~ .'?~ . ' .. . -~-~ .... - -~' '5 ' ~ I. Recorded plat or bound~ su~ey of ~e property requited for ~e mxoning. If there is no recorded plat or bound~ ~u~ey, ple~e provide leg~ d~cfipfion of ~e pmpe~y ~d · e Deed Book ~d page number or Plat Book ~d page number. Note: If you are requesting a special use permit only for a portion of the property, it needs to be described or delineated on a copy of 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, partnership or association, or in the name of a trust, or in a fictitious name, a document acceptable to the CountY .must be submitted certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application. If the applicant is the agent of the owner, a documen.t acc.eptable to the County must be submitted that is evidence of the existence and scope of the agency. ~)PTIONAL ATTACHMENTS: 3. Drawings or conceptual plans, if any. - 4. 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 knowledge. Printed Name Date Daytime phone number of Signatory 12 Nextel Partners Inc. Site Name: Mill Mountain Nextel Partners Inc. Site NUmber: VA-154 8-23-02 Nextei Partners Inc., Special Use Permit Application Attachment Page 1 ATTACHMENT A How will the proposed special use affect adjacent property? The proposed 105' foot wooden pole will not adversely affect adjacem property because the wooden pole and related equipment will be located within a heavily wooded area, which will obscure the facility from all adjaeem properties. The Nex-tel' Partners facility, if approved will be the second facility on the subject property, it would not have a negative cUmulative effect in terms of visibility because both sites are only slightly visible above the tree canopy, and they are separated by an approximately 200' wide thickly wooded buffer. How will the proposed special use affect the character of the district surrounding the property? The proposed facility will not affect the character of the district surrounding the property because it will be in a heavily wooded area that is accessed from Route 804 by an existing private driveway. How is the use in harmony with the purpose and intent of the zoning ordinance? Wireless telecommunications sites such asthe one proposed provide an important public service to the cormnunity by creating a "convenient, attractive and harmonious community," consistent with the intent of the Zoning Ordinance. The proposed wooden pole that will extend slightly above the treetops within a heavily wooded area is also consistent with the Personal Wireless Service Facility Policy. How is the use in harmony with the uses permitted by right in the district ? Thee proposed facility will not restrict the currem 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 refer to public utility structures and uses. 13 Nextel Partners Inc. Site Name: Mill Mountain Nextel Partners Inc. Site Number: VA- 154 Nextel Partners Inc., Special Use Permit Application Attachment Page 2 ATTACHMENT A How will this use promote the public health, safety and general welfare of this community? The proposed facility will provide improved wireless telecommunications service to the North Garden area of Albemarle County. Describe your request in detail and include all pertinent information such as numbers of persons involved in the use, operating hours, and unique features of the use. Description of request Nextel Partners Inc. requests a special use permit to construct, maintain and operate a wireless telecommunications facility on property owned by Violet Mawyer located at 4921 Thackers Lane, North Garden. Description of facility The proposed facility consists of a 105' wooden pole with two flush mounted panel antennas and a lightning rod attached. The Ground equipment will be a 10 X 20 pre- fabricated shelter within a 20 X 40 fenced area. The fence design is a chain link fence on the inside and a wooden stockade fence on the outside. The wooden stockade exterior will blend into the surroundings. The fencing will be further screened with landscaping. Number of Persons Involved Once the site is complete, one or two technicians will be involved with the maintenance of the site. Operating Hours The facility is an manned facility operating 24 hours per day, 7 days per week. The facility will be visited on a routine basis for general maintenance and unscheduled visits should only occur for adverse weather or other unexpected factors. Unique features of the use The wooded area surrounding the subject property provides maximum tree screening compared to other areas such as the Cross Roads area to the North. The dense buffer of tall trees in the median near the proposed site also offers excellent screening. 14 ATTACHMENT A Angust 26, 2002 County o£AIb~m~rle I~pt. of Building.Code And Zoning Services 401 McIntire Road, Room 223 Charlottesville, VA 22902-4596 RE: Mill Mo~_mtnin Nextd Partners VA-154 Tower Site To Whom it May Concern: This letter is to acknowledge that Ed G-/yen with Nextel Partners, has our permission to submit a Special Use P~-nnit Application on our behalf~ for the purpose ofphcing a telecommunications facility cons/sting of a wooden pole and re. hied equipment on my property that is located at 4921 Thackcrs Lane, North Garden Va. 22959 Map 98 Parcel 22. Mrs. Viol~ Mawycr 6093 Plank Road Affon, V/rginia 22920 15 NEXTE'. ' Nextel Partners, Inc. 121 Lakeview Drive Cross Lanes, WV 25313 ATTACHMENT November 8, 2002 Stephen B. Waller, AICP County of Albemarle Department of Planning And Community Development 401 Mclntire Road Room 218 Charlottesville, VA 229024596 Dear Mr. Waller, Please find enclosed the following information regarding our proposed site in Albemarle County, VA.: l) 2) Picture of proposed communication building Copy of letter from Van Yahres Tree Company We are currently having our drawings revised to show full compliance with the comments made by Dave Rosene and will forward to you a set of the same early next week. With regard to the actual pole we have chosen a standard utility wooden pole. From our conversations we have assumed that we will be required to paint all lines and antenna a color that will match the pole. We can provide a paint sample when this specific pole is purchased. Please contact me with your questions or comments at 304.741.2336. Thank you. Best regards, NPI EG/bms ATTACHMENT VAN YAHRES FREE COMPANY Nextel Partners Inc 121 Lakeview Drive Cross Lanes WV 25313 Attn: Ed Given October 30, 2002 De~Mr.G~e~ After v/siting the location for a tower on the Mill Mountain site (VA154P) and examining the zoning documents, I would make the following recommendations. There is no proposed tree protection fencing listed on the site plans. The fence should surround the fifty-foot lease site and extend at least thirty feet down either side of the access corridor. The Tulip Poplar with the broken top should be removed. It is already beginmng to deca.v at the break and will continue to decline and become increasingly hazardous as time goes on. The three Tulip Poplars closet to the easement (23.5, 27, 25) will Susta/n some root damage during construction. Fertilization a~er construction is complete can help reduce the damaging effects of the compaction and root loss. !fyou have any further questions please contact me at (434) 982-8733. Sincerely, Dave Rosene Certified Arborist n Yahres Tree Company 07 Linden Avenue 4~, ville, Virginia 22902 4.¢c~'8733 434.971.2958 ~v. vytc.com 17 ATTACHMENT ATTACHMENT Inspect the total market of concrete shelters and you will find why VFP can proudly claim to offer the best product available anywhere. That is why we encourage new customers to visit our manufacturing site to see our products and meet the people who specialize in concrete construction. Our "eagle-eyed" management and quality control personnel are their own best critics who make sure every building that comes off the line is flawless in construction and equip- ment installation. In addition, vour VFP marketing specialist follows the day-to-day schedule of your building to ensure that manufacturing, equipment install- ation, and deliverv meet your requirements. Photo at right shows VFP's unique permanent lifting point which is also used to secure shelter to foundation. VFP's concrete shelters are bullet, vandal, and fire resistant. Wails, roof, and floor components are reinforced concrete panels double-sealed for superior weather resistance and welded together as a single module for maximum strength. UJlequel~le ue~sseH auaJaaql~+ ':3NI SJ ~ U:L,I ~ ~v, ille II ir _._J MILL MOUNTAIN VA154P 4921 THACKERS L.addE NORTH GARDEN, VA 2211,~ ~11111~1 IJll I ~ JJJ.~'JJJ~'J'J' ,-.- HENRY PUGH ,,/ DB: 500 PC;: 51 TM: g8 PAr: gA UNE IAItLE JId£ BEARING DISTANCE "~ L'~ J N523~'54'E I 4~.BO .,J L~' J H31'41'~'~ I B2.B3 g I N,,~7'5~'£ I 44.92 .j L4 J ~8~13'D4~ J 27.74 L7 SS,,V35'l B"E 1D9,62 J LB I S7~7'~'£ I 42.4~ J ~.'l~E I ~.~ J E:T BACK LINE i-'D LEASE AREA a. FT.) WILLIAM MAWYER DB: 2108 PG: 215 TM: 98 PAR: 9 COOK MOUNTAIN LLC DB: 1885 PC;: 343 TM: 99 PAR: 51 ~RAPHIC SCALE 300 CALCULATEO POINT PROPOSED UNLITY POLE i'rk'~.- EXi$11NC ~,^"~L Accrs ROAD L PROOOS[D 20' ~1D£ ACCESS & U~ILITY EASEMENT GRAPHIC SCALE $0 0 la '~ ~L3M ~IONIS '-<./7 B31.q3H~ 93j. 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Jl NOLLYA¥OX3 ANY 'NOU.YAYOX~ O/ ;~q:)l)4d S:3OIA~3S (3NnOUo~3(lNn ONII.~DC3 ~IYCK)I O.L S3~0N30Y ~VladO~da'Y a3HJ.O -fly aNY 3NOHd313L ~3nU.O3'13 IOY. LNOO 'SI~3.LSAS eNIQNrlOHO QNY 3NOHd313J. 'alaLO3T-J eNnouou3~n nNLLSIX3 S3(3n~NI 3J. IS SlHJ. :qlON 'l¥~13NqO '$'L'N N¥1d ONIONrlO~tO ~t~L-IqH$ X X GROUNDING CLAMP KIT -- COflDUCTOR f6 ~TRANDED COPPER NOTES: 1. DO NOT INSTN..L CABLE GROUND KIT AT A BEND IH CABLE. 2. ALWAYS DIRECT GROUND ViIRE DOWN 'ID GROUND BAR. 3. 2-1/2' ~ MAX FOR TXLRX ANTENNA CABLES. .t. 1-1/4' e MAX FOR GPS ANTENNA CABLES. _2)COAX CABLE GROUND NO S~AI.E I~ GROUND BAR~ (gY SHEL'I~R MFR) ~ I:NC TI. IROUGH WALL SHELTER am) INTERIOR WALL "~" -~ ~.~ .~.o (~. ~ EXISTING FENCE GROUNDING NO SCA~ ~ T",MST LOC~ OR SNAP / LOCK STYLE CAP HIGH DENSITY POLYETHYLENE / "'NO SCREW ON PVC CAPS OR BElleS-'VALVE BOX' STYLE ~ INSPECTION WELL"~ ,.---FINISH GRADE ~ SOUD (TEST LOOP) ~ ~12 AWG SOLID TINNED COPPER ~RE S' ~7 STONE: CADWELD J/4 ~/~"~o'-o' coRP~._ / CLAD CROUND RO0 ~ GROUNDING INSPECTION WELL NO SCALE GARY D. FACEMYER MILL MOUNTAIN VA154P 4921 THACKERS LANE NORTH GARDEN, VA 22959 S33~3S 03qZL aNY llnO~ o~ ~n~ . I I I ' [ ~0N g ~0N $~D,I-U.O Ag ~J:~.'I]tH$ .LN3HdlflO:I (]':ll¥OI)..IgV._-I"d~ld Q:mHSINL=I ONI~ aNn0~9 OJ.T Q-13MQVO __._~li J..OmVAIit X dnWO 3qev,snrav --H~ ZtNA Sd0 g£~Lg~ £NOHqVA ~-.-.J. nO8 -n Siq':llSAS ONlaNflO~O - I,qV~OVIQ OLLV~3HOS .£~ION' (TIV'd,U.) ~---Q3BInO3B $¥ U3AOJ. I ._40 39Q'all/4 :~ d0/ '1 I qN':II NY OJ. O"G~OVO '9 J ,11~ QN~O~O ~OIBZLNI '9 c~L ~ ~ 9./16" (WP.) - - '" HN~GER TYPE - C ~. 1/4'x4'x2'-O' , ,~ ~ EOU~VALENT. /--- INDUS'I~Y STANDARD I HOLE PATTERN NOTES: 1. ALL PARTS REFERB~CE:D MANUFAC'FURED BY HARGER, T&B, ERICO, (~ EOUIVALENT. 2. TWO HOLE LUGS MANUFACTURED BY T&B. PLAN VIE,W_ STEEL .-- /--.-- GA"i'~ FRAME APPLY TWO COATS OF ZINC-RICH ... COLD GALVANIZING PAINT TO EXO'fl-IERMIC WE:ID ~.. CADWELD FLEXIBLE ~2 GROUND WiRE TO GATE FRAME AND POS~' t/"' FLAT BRAID TINNED COPPER ~' FLEXIBLE JUMPER STRAP AL- / (BELDEN NO. BB62 OR EQU ) t3ATE BONDING- 1)ETNL ND SCALE 200 AMP UNDERGROUNb SERVICE METER BASE 2'xg'9" SrEEL POSTS W/: METAL CAP GALVANIZED UNI-STRUT MOUNTSWlTH GALVANIZED "U" BOLTS CADWE~..D TO EXISTING GROUND RIN(; EXPOSED GROUNDS _,'~ IN CONDUIT "'""/~ ADJUST TO FIT METER & DISCONNECT_ 200A I-PHASE I II III II I Bo~H OR ALL METER RACK .,,,~ BE GROUNDED INSULATOR -~HAR ER WALL BRACKET SIMILAR FOR MGB, EOB, AND SE. CTOR GROUND BARS GROUND BAR ASSEMBI..~' ADJUST TO FIT METER & DISCONNEC'~ ., TELCO BOX ~D GRADE DAB R~ MILL MOUNTAIN VA154P 492t THACKERS LANE NORTH C~J)EN, VA 2295~ SAIIUB. III1.1~ I)lS1~= FOUR-WAY K5 INDICAI~r~ ~u~ooR o. w~r LOcA~ON MOU.~ SOLID STATE GROUND FAULT SENSING & 5 mA 'IR P FOR GU'ID OR WET -.LAMP, FLUORESCENT SURFACE MOUNTED RXTURES Vil'~-I ~IRAP AROUND LEN~ I 'ABLE MANUFAC~JRERS: UTHONIA OR APPROVED EQUAL 'R INDICATED PRO~/IDE UGHTING FIXTURES MTH INTEGRAL PRE, IRED BALLASTS. ~ BLE MANUFAC'/URERS: ADVANCe, klAGNE~'.K, OSRAU SYLVANIA, MOTOROLA. I.AMPS: T~, ENERGY SAVING, RAPID START. 3500K, UNLESS INDICATED OTHER- [ ABLE MANUFACTURER~ GE OR OSRAM SYLVANIA. I~AI.LAS'IS: ELECTRONIC. LESS 1HAH 10~ TOTAL HARMONIC DISTEX~'I1ON. I=~, PH~A~ AND RNI~ M~ ~RO~ INHI~NG UND~ U ~AY B~ CON~UC~ ~'~NU~S C~R ~ ~UMINUM MN~NOS ~D HI~ ~NG, GRAIN ~1~ ~UC~ S~ C~E ~MINA~S HAMfl~ MA~E~C AND ~W H~S AND. ~DY ~RR~T LOS~[ C~ AND C~L ~ ~ ~B~Y AND ~C~D~Y ~U~ING ~ BE U~ U~ ~ ~ · ~: ~NDING ~P~A~R[ RISE BY ~STANC[ UMl~ ~ 1~ 'TO ~ ~BI~ ~P~RE. HOT ~OT ~P~RE ~A~ NOT ~N~NG ~P~A~ ~ RA~tNG. CASE ~A~ ~ N~ ~CEED 5.7 RB~ TA~ ~ ~ ~C~Y ~TA~ ~ ~ AN~ RA~NO, ~TA~, PHA~S ~D ~R~RA~ AS INDIOA~, MINIMUM ~,5~ MANUFAC~S: ~N~ E[EC~IC; ~ARE D; ~S~N~ AND LIGH~NG II POF~ ELL=C'FRIC PO~r_R AND I. IGH~NG DURING CONSTRUCqlON. REQUIREMENTS ALL MATERL, q.S~N~ID EOUIPMENT SHN/. BE INSTN. J_ED ] qDED BY THE RE~PECTNE MANUFACTURERS, BY UECHANCS EXPERIENCED IN THEIR PARTICULAR TRADE, IN A NF.A_T AND WORKIdANUKE MANNER, CE VErH THE STANDARDS OF THE TRADE, AND SO AS NOT TO VOID Y OR UL MSnNG. ERIRCATION: E~INE THE N:~ AND CON[X~ONS DIU~iM~W~C.H ~: 'm R; P~FORUI~. ANI~ IB;I~nFY ANY CONDITIONS DEIR EN[~ c. IN ..~.= ARE: co.c~ ~X~, EOUIPME~, 0~ RN~H~ ~ ~D ~C~ ~ IN~ ~IN lH~b~ ~ ~E CONSI~ CONCh. D. M N MUM ~U~NG H~: ~ou~ (=.G.. ~ .~R=) ~ NOT ~S ~2;?~_.~,.,~=~ ~D ==U~.U~ UOU~ 0 W~. ~ ~ON PR~ ~UR~ aD EO~IR~ OF ~ [Q~IP~E~ BaNG IN~. 3~ ~Y~ ~O PLUMB, ~D ~C~: IN~ ~1~ ~UIPM~ ~D ~A~, ~C. TO ~D I~ONS. MOUNflNO HDOHIS A. HOLES, S~, AND OPENINGS A. GENERAL: PROMDE ALL HOLES, SLEEVES, AND OPE]tiNGS REQUIRED FOR THE COMPLETioN OF THE WORK N~ID RESTORE ALL SURFACES DANAGED, TO I,~TCH SURROUNDING SURFACES. UNNTNN INTEGRITY OF ALL FIRE AND SMOKE RATED BARRIERS USING APPROV~ FIRESTOPPING SYSTDJS. 9~'IEN CUTrING HOLES OR OPENINGS, OR INSTN_UNO ~ ~0 NOT CUT, DAMAGE OR DISTURB STRUCTURAL ELEMENTS OR REINFORCING ~-I'EEL, UNLESS APPROVED, IN WRmNG, BY THE PROJECT STRUCTURAL ENGINEER. 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Railroads ----~ Hydrography I'ri 85O 900 ATTACHMENT D June 4, 1998 Dept. COUNTY OF ALBEMARLE of Planning & Community Development 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 Larry Ryan 1150 Shenandoah Village Drive Waynesboro, VA 22980 FeE: SP-98~07 CFW Wireless (Cook Mountain) Tax Map 98, Parcel 22 Dear Mr. Ryan: The Albemarle County Board of Supervisors, at its meeting on May 20, 1998, approved the above-noted request by CFW in accordance with provisions of Section 10.2.2.(6) to allow the construction of a telecommunications facility. Please note that this approval is subject to the Following conditions: 1. The elevation at the top o£ the tower shall not exceed the height o£ the tallest tree within twenty-five (25) feet of the tower. The applicant shall provide a certified statement on the height of the tallest tree. Antenna may extend seven (7) feet above the height of the toxver. Equipment extending above · e tower shall not exceed three (3) inches in diameter; ~.'~ The tower shall be designed, constructed and maintained as follows: a. The tower shall be of treated wood; b. Guy wires shall not be permitted; c. The tower shall have no lighting; and d. The tower shall not be painted. 3. The tower shall be located on the site as follows: a. The toWer shall be located as shown on the attached plan entitled "Tower site for CFW Wireless CV-144" and initialed "WDF 4/6/98". 35 4. Antennas may be attached to ~the tower only as follows: o 10. no Antenna shall be limited to a maximum of two (2) fiberglass antenna not to exceed seven (7) feet in height or three (3) inches in diameter. These antenna shall be painted brown or a color to match the pole; and b. Satellite and microwave dish antennas are prohibited. The tower shall be used, or have the potential to be used, for the colocation of other wireless telecommunications providers, as follows: The permittee shall allow wireless telecommunications providers to locate antennas on the tower and equipment on the site, subject to these conditions: Prior to approval ofa £mal site plan for the site or the waiver of the site plan requirement, the perrnittee shall execute a letter of intent stating that it will make a good faith effort to allow such location and wiIl negotiate in good faith with such other provider requesting to locate on the tower or the site; and The permittee shall provide to the County, upon request, verifiable evidence that it has made a good faith effort to allow such location. Verifiable evidence of a a good faith effort includes, but is not limited to, evidence that the permittee has offered to allow other providers to locate on the tower and site in exchange for reciprocal rights on a tower and site owned or controlled by another provider within Albemarle County. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running through the lowest part of the luminaire. For purposes of this condition, a "luminaire" is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distr/bute the light, to position and protect the lamps, and to cmmect the lamps to the power supply. Lighting limited to periods of maintenance only; Prior to beginning construction or installation of the tower or the equipment building, or installation of access for vehicles or utilities, the permittee shall obtain authorization from the Director of Planning to remove existing trees on the site. The Director of Planning shall identify which trees may be removed for such construction or installation. Except for the tree removal expressly authorized by the Director of Planning, the permittee shall not remove existing trees within two hundred (200) feet of the tower, be equipment building, or the vehicular or utility access; The permittee shall comply with Section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be required; The tower shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless communications purposes ~s discontinued; The pernfittee shall submit a report to the Zoning Admiuistrator once per year, by not later than July 1 of that year. The report shall identifv each user of the tower and shall identify each user that is a wireless telecommtmications service provider; .39 ATTACHMEN~ ~- 11. Minimum allowable radius for horizontal curvature of the access road shall be forty (40) feet; 12. No slopes associated with construction of the tower 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; 13. The access road shall be built with side slopes on cut and fill slopes at 2:1 or flatter; 14. The access road shall disturb no more than seventy-five (75) feet in cross section; 15. All other equipment shall be painted brown; 16. Ail lighting shall be shielded from K0ute 29; and 17. Electric power lines 'shall be buried. In the eVent that the use, structure or activity for which this special ~use permit is issued shall not be commenced within eighteen (18) months after the issuance of such permit, the same shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this s~ection, the term "commenced"shall be construed to include the commencement of construction of any structure necessary to the use of such permit within two (2) years from the date of the issuance thereof which is thereafter completed within one (i)~year. Before begimfing this use, you must obtain a zoning clearance from the Zoning Department Before the ZOning Department will issue a clearance, you must comply with the conditions in this letter. For further information, please call Jan Sprinkle at 296-5875. If you shoUld have any questions or comments regarding the above-noted action, please do not hesitate to contact me. Sincerely, V. Wayne Ci Director Development VWC/jcf cc: Amelia McCulley Jack Kelsey 4O ATTACHMENT View of balloon from Route 29 41 ATTACHMENT E View of balloon and existing monopole from subject property ATTACHME~, ~. View of balloon from proposed facility site 43 View of existing monopole from access road ATTACHMENT F COUNTY OF ALBEMARLE Dcpartmcm of Planning & Community Development 401 Mclntire Road,~ Room 218 Charlottesville, Virginia 229024596 (434) 296 - 5823 Fax (434) 972 - 4012 September 18, 2002 Edward Given Nextel Partners, Inc. 5115 Bernard Drive Suite 200 Roanoke, VA 24018 RE: ARB-2002-110: Mill Mountain VA 154P (Nextel Parmers) Dear Mr. Given, Thank you for your submittal for ARB review. As we discussed on the telephone last week, the parcel on which your deVelopment is proposed (Tax Map 98, Parcel ,22) is ~ot adjacent to Route 29. Consequentl3, °nly that portion of the parcel that lies Within 500 of the RoUie 29 fight-of. way is considered part of the Entrance Corridor. As proposed and illustrated in your submittal; no portion of your proposed development that falls with~ the EC is expected to be visible - no trees will be cut, utility work is all underground, no structures will be erected, by the Architectural Review Board will not be necessary. Should: any way, please contact me so that we can determine if the change will trigger review. Feel free to call me with any questions. Sincerely, Margaret M. Maliszewski Design planner Fi Cc: ~eve Waller COUNTY OF ALBEMARLE Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesv/lle, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 October 16, 2002 Landonomics Group FranchedKaser Partners and Ezon, Inc 2215 York Road, Suite 209 Oak Brook, IL 60523 RE: CPA-01-04 Albemarle Place; Tax Map 61W, Parcel 19A and 19B Dear Sir: The Albemarle County Planning Commission, at its meeting On October 8, 2002: recommended approval of the attached comprehensive plan language ,(CPA,01-04) to the Board :of Supervisors. The vote was 7:0 with Mr. Fin ey voting-in the affirmative, even though he stated objections to a restriction on building size.. If you have any questions, please dO not hesitate to contact me. Michael B~ Senior Planner MB/jcl Final' Draft for the Ablemarle Place CPA PROPOSED LANGUAGE FOR ALBEMARLE PLACE CPA 01-0a GENERAL RECOMMENDATION The Comprehensive Plan's Land Use Plan should be amended to .designate the undeveloped land surrounding the Sperry Factory as Regional Service, thus replacing its current designation of Industrial Service. The remainder of the land use designations w/thin the super block should remain as designated. In addition to the super block specific CPA language recommended below, the changes to the Comprehensive Plan's current language for Neighborhood 1 are also recommended to the Board of Supervisors as proposed in Attachment B. RECOMMENDED LANGUAGE AMENDMENTS FOR THE HYDRAULIC SUPER BLOCK Any development or redevelopment of the properties in the Hydraulic Super Block, defined as the land enclosed by ROute 29, Hydraulic Road, Commonwealth Drive, and Greenbrier Drive, should occur within the following guidelines: A. Transportation 1) The City of Charlottesville, County of Albemarle, the Virginia Department of Transportation, affected property owners, and interested stakeholders should coordinate the development of an integrated transportation system. The integrated system should include the necessary.improvements, inclusive of roadway improvements, pedestrian and bicycle facilities, and mass transportation, in an area encompassing the following intersections (See Attachment A): · Hydraulic & Route 250 Bypass; · Hydraulic & Route 29; · Hydraulic & Commonwealth Drive; · Hydraulic & Georgetown Road; · Route 250/Route 29 Bypass & Barracks Road · Route 29 & Route 250 Bypass; · Route 29 & Angus Road; · Route 29 & Greenbrier Drive; and, · Commonwealth Drive & Greenbrier Drive. The integrated system should include development of a grid road network within the Hydraulic Super Block as illustrated in Attachment A. Additional turning lanes and travel lanes may be considered along existing roads within the defined area; however, the development of parallel roads as illustrated in Attachment A should be stressed over the addition of lanes to existing roads. As part of the integrated system, the County and City should create a road, parallel to Route 29, which would connect Hillsdale Drive southward to Hydraulic (and points south if determined beneficial by a traffic study), for the purpose of increased intercormectivity. A possible alignment is conceptually shown in Attachment A. As part of the integrated system, improvements in this area may include urban, grade- separated, intersections, as warranted, to facilitate the movement of traffic. In particular, Planning Commission's Recommended Comprehensive Plan Language -Albemarle Place CPA 01-04 i Final Draft for the Ablemarle Place CPA the Hydraulic/Route 250, Hydraulic/Route 29, Route 29/Greenbrier Drive and Route 29/Route 250 intersections should be analyzed for such improvements. As part of the integrated system, traffic signal timing and coordination should be improved, and where determined necessary, intersections should be relocated to optimize traffic flow. 2) Development within the Hydraulic Super Block should create multiple connections to Commonwealth Drive, Greenbrier Drive and Hydraulic Road. A single connection to Commonwealth and Greenbrier Drives is considered a minimum within the super block. Multiple connections to Hydraulic should be considered a requirement. Projects that cannot connect through to one of the major roads surrounding the super block should demonstrate that the means for future vehicular and pedestrian connections is achievable between their project and 'the major road. 3) The existing Seminole Square/Sperry Marine/Route 29 intersection should ultimately be utilized as the connection between developments on the east and west sides of Route 29. Any development within the super block should anticipate that this intersection will be the primary point for a Route 29 crossover. Thus, they should orient buildings and street layouts accordingly. If it is impossible to gain direct access to this intersection, it may be necessary to establish a new crossover between Greenbrier Drive and the Seminole Square/Sperry Marine/Route 29 intersection to serve the undeveloped properties surrounding the Sperry Marine Factory, if warranted by traffic studies and conditions. However, this new crossover should be closed when a connection to the Seminole Square/Sperry Marine/Route 29 intersection is feasible. 4) Any development of properties along Route 29 and around the major intersections listed in item A. 1 above should contribute towards the necessary infrastructure improvements (possibly including grade-separated interchanges) and set aside sufficient right-of-way to accommodate the ultimate improvements for these intersections as dictated by the integrated transportation system plan. 5) Development within the super block should be phased to match the provision of transportation improvements. 6) Development within the super block should irfiplement alternative transportation solutions. These alternatives may include Transportation Demand Management solutions, shuttle service between selected destinations within the City and/or County, high occupancy car parking and mass transit. 7) New development should be designed to maintain traffic of a residential nature in existing neighborhoods in both the City and County. Land Use 1) The County continues to value and encourage the continuation of the industrial uses on the remaining Industrial Service designated properties (the Sperry Marine and Comdial factories) because these business uses provide important employment opporturfities and contribute to the mixture of uses within the super block. However, the County also recognizes that mixed-use land uses designations, such as Community Service, may be considered as an alternative designation for these properties as part of the County's forthcoming Neighborhood Planning Initiative. Planning Commission's Recommended Comprehensive Plan Language - Albemarle Place CPA 01-04 ii 2) 3) 4) Final Draft for the Ablemarle Place CPA 2) The development within the super block should be a center or focal point for thc southern portion of Neighborhood 1. 3) Preference will be given to rezoning proposals that provide a mixture of uses, along with a phasing plan that assures a mixture of uses during the development of the project. 4) Thc phasing of the project should be coordinated.with the provision to assure adequate water supply for existing and proposed users of that supply. 5) Any proposal within the super block should achieve the highest density possible as long as the existing or planned road, utility, open space, and/or other public infrastructure supports that density. The desired overall intensity is a minimum floor-to-area ratio (FAR) of.75. 6) Development within the super block should be phased to match the provision of non- transportation related public infrastructure, such as sewer and water. Design Standards for Development or RedevelOpment ~vithin the Super Block 1) The concepts of Neighborhood Model should be incorporated into all projects within the super block. Projects should provide pedestrian and bicycle access both internally and to surrounding properties and major roads. Additionally, the recommendations of the 1999 Route 29 Pedestrian Corridor Plan and its successors should be implemented. Where right-of-way is not available to connect a project to the edges of the super block, the project should be designed so that the possibility for a future pedestrian connections and bicycle accesses through the adjacent properties is retained. Projects should orient buildings to major roads, both interior and exterior to the super block (with priority given to the external street network), to the maximum extent possible in order to create the appropriate streetscape. ,T,,,o, reduce the mount of site disturbance and ~rvious surface, the ground floor ( og~nnt ) of any single user may not exceedS,000 square feet. Any building larger than.68,000 square feet shall be designed so that each floor can function as an individual business, to be reusable by separate users in the future. In addition, any large-scale building should adhere to the following guidelines for the purpose of creating an appropriate streetscape: The building's facades and rooflines should be of visual interest and should reduce the massive scale and the uniform, impersonal appearance of such large buildings. · The building should have architectural features and patterns at the scale of the pedestrian that provide visual interest, reduce massive aesthetic effects, and recognize local character. These elements should be integral parts of the building fabric and not applied trim, graphics or paint. · A large building's design should integrate small liner stores with entrances onto the sidewalk in order to break up the fagade of the larger user. · Any large building's location should be integrated with other buildings and site features with an eye toward a pedestrian-friendly composition. · All large buildings should present at least a two-story elevation to the streetscape. Planning Commission's Recommended Comprehensive Plan Language- Albemarle Place CPA 01-04 iii Ee Final Draft for the Ablemarle Place CPA 5) Buildings along streets exterior to the super block should be compatible with existing development opposite the proposal. 6) Projects should limit large surface parking lots through the use of parking structures. Where surface parking lots are necessary, design techniques should be implemented to provide a streetscape that hides the surface parking to the maximum extent possible. 7) Projects should relegate parking to the maximum extent possible. 8) Projects should grade the site and provide design buildings that limit the use and height of retaining walls. Minimizing the height and use of walls is especially important where the walls will face exterior properties. Projects should break tall retaining walls into multiple; shorter Walls so that their visual impact is reduced. Additionally, projects should screen their retaining walls with vegetation or techniques to reduce the visual impacts. 9) Projects should provide an appropriate vegetated buffer and screen uses on adjacent properties when the uses are different from each other. Public Space and Public Facilities/Amenities 1) Proposals should develop at least 10% of the gross site acreage in amenities and 15% as green space. Public amenities can be paved areas, such as plazas, courtyard, or commUnal rooftop patios, or landscaped area, such as parks or water features. Green space, which provides an amenity, can be counted towards both amenity and green space percentages. 2) Development within the super block should create pedestrian and bicycle connections to Whitewood Park and open space areas in the Meadow Creek drainage. 3) Projects within the super block should fund a proportionate share of pedestrian and bicycle grade-separated crossings of Route 29 as indicated in the 1999 US Route 29 Pedestrian Study. 4) Projects should investigate provision of space for public facilities, such as a public library and urban gym, as indicated in the Community Facilities Plan. Environmental Protection 1) Natural waterways should be retained where possible. I/after a careful analysis, it is impossible to retain or protect these waterways, the project should implement measures to protect water quality and quantity that will protect downstream properties and habitat. ~should overtreat and/or detain stormwater to~a_l s_ _t_o~rmwater protection. ~d~y, any mitigation of wetland and stream impacts should be p~---ovided within the watershed where feasible. 2) Projects should incorporate the principles of sustainable design, such as green roofs, natural lighting within buildings, and energy efficiency, to a significant extent. 3) Projects should retain significant trees and other vegetation. Planning Commission's Recommended Comprehensive Plan Language - Albemarle Place CPA 01-04 iv Final Draft for the Ablemarle Place CPA ATTACHMENT A Planning Commission's Recommended Comprehensive Plan Language -Albemarle Place CPA 01-04 v Neighborhood One Final Draft for the Ablemarle Place.CPA ATTACHMENT B LOCATION Neighborhood One is bounded by Route 29 North on the east, Hydraulic Road on the south, (and a small area to the south of Hydraulic Road), the South Fork Rivanna River reservoir watershed and Hydraulic Road on the west and the South Fork Rivarma River on the north. E~STING LAND USE Residential- Neighborhood One contains 3,285 housing traits and a population of 7,241 people. This neighborhood contains the largest residential population in the County. Sixteen percent (522) of the housing units in the Neighborhood are single-family attached; twenty-five percent (825) of the housing units are either toWnhouses, single family attached or duplexes; fifty-six percent (1,827) are multi-family; and three percent (111) of the housing units are mobile homes (July, 1996). There are a number of major residential developments in the Neighborhood, including Whitewood Village, Westfield, Jefferson Tome, Turtle Creek, Sachem Village, Wyndridge, Westgate Apartments, Four Seasons and Townwood. Heritage Hall, a retirement community, is located in this Neighborhood. Commercial and Office- This Neighborhood contains a large inventqry of retail and office uses. Some retail uses include Shoppers World Shopping Center (148,783 square feet); Rio Hill Shopping Center (294,901 square feet); Sam's Wholesale Club (113,613 square feet); and Wal- Mart (114,513 square feet). Also, there are a number of other commercial uses in the neighborhood such as car dealerships, hotels, and restaurants, which are almost all along the Route 29 corridor. Larger office uses include Village Offices (Berkmar Drive-30,800 square feet); West Park Plaza (Rio Road-17,975 square feet); Rio West Professional Center (50,074 square feet); Sachem Village (Whitewood Road-12,000 square feet); Republic Business Center (Whitewood Road- 10,032 square feet) and Albemarle Professional Center (Hydraulic Road- 14,398 square feet). Berkmar Crossing (62,066 square feet) is a mix of office and commercial uses. Industrial- Neighborhood One includes two of the County's largest employers (Sperry and Comdial) who together employ over 2,000 people. Sperry contains 231,055 square feet and Comdial contains 452,380 square feet. Planning Commission's Recommended Comprehensive Plan Language -Albemarle Place CPA 01-04 vi Final Draft for the Ablemarle Place CPA ENVIRONMENTAL CHARACTERISTICS In relief, Neighborhood One slopes downward from a western ridge following Woodburn, Rio, Hydraulic and Georgetown Roads to Route 29 North on the east. A series of swales form streams crossing under Route 29 in various locations. TRANSPORTATION Route 29 is a primary arterial road serving the Neighborhood. The Route 29 (Western) Bypass will likely intersect the northern portion of Neighborhood One west of Berkmar Drive and east of Woodburn Road. Rio Road and Hydraulic Road are heavily traveled by vehicular, pedestrian, and bicycle traffic. PUBLIC WATER AND SEWER Utilities are present throughout the neighborhood. Major waterlines follow Woodburn, Rio, Hydraulic Roads, and Route 29. Major sewer trunk lines follow Four Seasons Drive and the stream swale through Berkeley Subdivision to the Branchlands PUD, and ultimately to the Moores Creek Wastewater Treatment Plant through the Rivanna Interceptor. PUBLIC FACILITIES Agnor Hurt Elementary, the Seminole Trail Fire Station and Whitew°od Park are located in the neighborhood, as well as a boat access to the South Fork Rivanna River at the end of Woodburn Road. Adjacent to the Neighborhood are Greet Elementary, Jouett Middle School and Albemarle High School. Public Facilities are adequate in the area. RECOMMENDATIONS · Due to the potential impact of the Western Bypass, the area north of Rio Road, west of Berkmar Drive and east of Woodburn Road, was designated Transitional. This designation will allow for a wide flexibility of uses and allow uses that would be compatible with the bypass in the long term and provide a transition to the residential property to the west in the short term. Access to Woodburn Road from properties located between Berkmar Drive and Woodbum Drive will be prohibited. Proposed development which impacts on the bypass development shall be discouraged. Planning Commission's Recommended Comprehensive Plan Language Albemarle Place CPA 01-04 vii Projects have been completed Final Draft for the Ablemarle Place CPA D ~ *-~*- ..... D ~..+~ OO and' Co.m,,.m, onv,.eahh Fu~e development plus along Route 29 No~ ~e to be sensitive to its stares as an Enw~ce Condor Roadway. Tr~spo~afion ~provements include: ~ohde landscap~g, wal~ays ~d bicycle facilities along Route 29 to ~h~ce tMs co~idor as ~e Cctv s major bus.ess dis~ct. Widen Hy~aulic' R~ad and ~o Road to five lanes be~een Route 29 No~h ~d ~itewood Road. hclude wa~ays project. - Main~n ~d up~ade ~sit se~ce to ~e Neighborhood; Consid~ extending ~sit se~ce along Route 29 to the no.hem most potion of~e NeighborhoOd and to Ber~ Drive. Co~ct a greenway along the South Fork of the ~v~a ~ver. T~s prohdes a pedesffi~ co~ection of ~e Ivy Creek Na~al ~ea to the Urb~ ~ea ~d oppo~ty for passive recreation adjacent to ~e Urb~ ~ea. Develop ~e ~eenway to meet the recreational ~d conse~afion needs of the residents in Neighborhood One, ~d the entke Co~. · Utili~provements ~Clude: Utilize eras upper ......... pc Commonwealth Perfo~ a s~dv to det~ine capaci~ of the Meadow Creek Sani~ Sewer ~terceptor. · Maintain ~e wooded ddgeline along Ber~ Ddve to buffer ~e residenti~ prope~ies along Woodb~ Road. Planning Commission's Recommended Comprehensive Plan Language -Albemarle Place CPA 01-04 viii Final Draft for the Ablemarle Place CPA · Maintain a~~~bbuffer between the Community/Regional Service located on Route 29 and the adjacent residential developments. Planning Commission's Recommended Comprehensive Plan Language. Albemarle Place CPA 01-04 iX STAFF PERSON: PLANNING COMMISSION WORKSESSION: CPA 01-04 ALBEMARLE PLACE 10/9/01 Staff Report MICHAEL BARNES OCTOBER 9, 2001 PURPOSE OF THE WORKSESSION: The purpose of this staff report and worksession is to discuss one of three analytical elements that must be evaluated as part of any change in the Comprehensive Plan designation for the Albemarle Place Properties. The three analytical elements are: 1) Traffic impacts to adjoining roads; 2) The County's and region's capacity to absorb an increase in retail space while retaining sufficient land for light industrial development; and, 3) This capacity of the applicant's proposal to integrate into Neighborhood 1 and meet the goals of the Comprehensive Plan. This report asks the Planning Commission to focus on the third analytical element before tackling the other two elements for the following reasons. First, the analysis of potential traffic impacts and commercial retail/industrial capacity rely heavily on quantitative studies. To date, the County and developer have not completed this analysis. Second, the surrounding neighborhood has several physical factors that will affect the project's design (e.g., public infrastructure, open spaces, existing uses, etc.). By identifying the importance of these factors at this time, we will create a context into which the traffic and retail absorption analysis' findings can be better applied. Finally, the adoption of the Neighborhood Model sets out a series of goals that are somewhat independent of traffic and retail analysis. A discussion of how the Albemarle Place Properties should be utilized in light of the Neighborhood Model is also important. For these reasons, this worksession's intent is to focus on how this proposal or any other large-scale development of this nature could/should be integrated into this location, Neighborhood 1, and the northern section of the Development Area. REq}UEST The proposal seeks to amend the Comprehensive Plan's designation for two undeveloped parcels around the Sperry Plant [Tax Map 61W, Section 3, Parcels 19A and 19B] from Industrial Service to Regional Service. An amendment of the Plan would support an eventual rezoning these two parcels [zoned LI (Light Industrial)], as well as Tax Map 61W, Section 3, Parcels 23 and 24 [zoned HC (Highway Commercial)], to PUD (Planned Unit Development). for the purposes of creating a mixed residential, office, and commercial development (see Tax Map - Attachment A- 2). Tax Map 61W, Section 3, Parcels 19A and 19B consist of approximately 62.24 acres and are located in the Jack Jouett Magisterial District and in Neighborhood 1. The properties are located west of Seminole Trail (Route 29 North) between the Comdial Plant and Hydraulic Road (Route 743). R~ZONING AND SUBDIVISION HISTORY OF THE PROPERTIES The parcels in and around the Sperry Marine Facility have been re-subdivided several times in anticipation of possible development. The most recent activity in the area was Comprehensive Plan Amendment 1997-006, the Sperry Comers proposal. In this proposal, the applicant also sought to have the land use designation changed from Industrial Service to Regional Service. The previous proposal was to allow for a large, retail destination store on the site. This proposal did not have a mixed-use component. Staff reviewed this proposal; however, the applicant withdrew it before the Planning Commission took any action. Albemarle Place- 10/9/02 Staff Reporr Focus: Context for Application 1 Nieghborhood Model Design Review 10/9/01 Staff Report BACKGROUND. The applicant has proposed a mixed-use development with a grid street pattern that creates a block structure similar in ~__nction to the older sections of Charlottesville (see the proposal- B-l). While the design of the buildings may be more contemporary, the plan calls for relatively narrow streets, wide sidewalks with street trees, and buildings built close to the street. Much of the proposed parking is intended to be behind the buildings in multi-level parking garages. Finally, the project plans for a mixture of residential, office, and retail uses often within the same building (see Table 1 below). Table 1 - Breakdown of Proposed Uses LaI3~LI.[,~_T_~ Square Footaoe % of Pro.iect Total Residential (300-600 dwelling units) 640, 424 37. 4% Office 199, 860 11.7% Retail 871,700 50.9% Project Total 1, 711,984 100% The recently adopted Neighborhood Model stresses many of the same design principles as the proposal. The Neighborhood Model also articulates a hierarchy of focal points or centers within neighborhoods. It recognizes that some neighborhood centers will have a larger geographic scope than others will. 'If approved as proposed, Albemarle Place's scope and intensity would cause it to be classified as regional center. As such~ it could become a focal point within the County and perhaps even the central Piedmont. This regional influence is an important factor when deciding whether the proposed scope of the project is of the right scale relative to the Albemarle Place Properties' location within the County as well as Neighborhood 1. As part of the Neighborhood Model Policy, the County intends to create Master Plans for each Neighborhood. These Master Plans will become a part of the Comprehensive Plan and serve as a more specific guide for future development. Until these plans are completed, the County must rely on the framework provided by the Land Use Plan (See Attachment C-2) to judge the appropriateness of projects like Albemarle Place. The purpose of this report is to define the environmental and human-made features of the project site and sm'rounding neighborhood. This report also seeks to compare the proposal with the goals of the Comprehensive Plan. By defining these features and analyzing the Comprehensive Plan, staff's goal is to provide decision-makers with the context necessary to determine the appropriateness of using the Sperry location as a regional center in the absence ora Master Plan. Finally, this report places in boldface information, facts, or questions that staffbelieve need to be considered in the review this proposal. These items are consolidated at the end of the report. EXISTING LAND USE. The area under review for this Comprehensive Plan Amendment is currently an undeveloped 62 acres. It is comprised of the second-growth pine and mixed deciduous woods and an employee playing field. The area under consideration surrounds the Sperry Plant, but does not include 19- acre factory itself. The area is split into two parcels, Tax Map 61W, Section 3, Parcels 19A and 19B (see Attachment A-2). If the Comprehensive Plan Amendment is approved, the applicant Albemarle Place- 10/9/02 Staff Re£ort Focus: Context for Application Nieghborhood Model Design Review 2 10/9/01 Staff Report intends to include Blockbuster shopping center and the laUndromat in.the rezoning. The 7-11 at the corner of the RoUte 29/Hydraulic intersection is not a part of the proposal. ANALYSIS OF ENVIRONMENTAL FEATURES The only environmental feature identified by the County's Open Space and Critical Resources Plan is a wooded buffer between the residential duplexes along Commonwealth Drive and the project site. While neither the woods, streams, nor critical slopes found on the site are identified on the Open Space Plan, these environmental features should bc protected where feasible. Wooded areas Pine and Mixed-Deciduous woods cover roughly 80 to 90 percent of the project site. The woods themselVes are relatively old and large in area when compared to other wooded areas in the Development Area. The proposal covers almost the entire site and will clear these woods. · As proposed, the site grading Would remove most of the woods. Is this acceptable? In its specific recommendations for Neighborhood 1, the Comprehensive Plans emphasizes the importance of maintaining a wooded buffer between the Industrial Service area on Hydraulic Road and the residential development along Commonwealth Drive. Staff believes that, if the recommended wooded buffer is removed, the plan shOUld implement design principles that reduce the impact to neighboring properties. As proposed, the project places large retaining walls and the rear of retail store along this boUndary. ·If properly designed, does the plan need to retain the wooded buffer? TopoEIraphj~ In the area enclosed by Route 29, Hydraulic, Commonwealth, Greenbrier Roads, the topography gently slopes from the southwest to the east towards Meadow Creek. Most of this "super-block" has been graded flat except for the wooded part of the Albemarle Place Properties. The two streams on the site have cut shallow valleys roughly 30 to 50 feet lower than the ridges. The northern most stream valley is the wider and deeper of the two. Adjacent to this northern stream is a tong critical slopes associated with the northern edge of the existing Sperry Plant (see Attachment D-2). Away from the streams and the edges of the Sperry factory, the project site is relatively flat. Since it is the intent of the developers to utilize the entire site, most of it will be regraded. The developer envisions using the elevation difference in the southern stream valley. The design calls for the car garages to be situated over the streams, thus "lowering" the garages below the street-level "into" the valley. However, the plan still calls for a large retaining wall to support the parking lots near Route 29. Where the western and northem edges of the project meet the adjacent properties, the project proposes 10 to 20-foot retaining walls. These walls will inhibit road interconnections to any redevelopment of the Comdial plant and to Commonwealth Drive. · To what degree is the use and height of retaining walls acceptable on this site? Under what conditions should they be used? Streams There are two small streams on the property (see Attachment D-2). The northern most stream starts near the intersection of Georgetown and Hydraulic Roads, runs behind the Turtle Creek Apartments, crosses under Commonwealth, and flows through the project site between the AlbernaHe Place- 10/9/02 StaffReport Focus: Context for Application 3 Nieghborhood Model Design Review 10/9/01 Staff Report Sperry and Comdial factories. This stream continues under Route 29 and runs through a steep, wooded swale between the Post Office and Seminole Square until it reaches Meadow Creek. The southern stream starts on the Sperry Property behind the Village Green shopping center, flows under Route 29 and Seminole Square. Behind the Giant Foods Store, the piped stream flows into a stormwater basin, which is managed by the City. This water is finally discharged into Meadow Creek. The southern stream is in better ecological shape than the northern stream. It exhibits some signs of aquatic insects and tadpoles. However, there is sediment in the stream. The peak flows during storm events appear to be intense, especially the sheet flow from the Sperry Plant's very large parking lot. Since there are no detention mechanisms associated with the Sperry Plant, the peak flows shif~ the sediment load frequently. This sediment movement degrades the aquatic habitat. The northern stream begins above the project site and receives the runoff from a large area of imperious cover. As a result, it is highly eroded and experiences a significant amount of sediment. A site visit revealed little, if any aquatic life in the stream. Debris from the Sperry plant, such as culverts and asphalt, are also found in this stream. The Albemarle Place project proposes piping both streams. By burying the streams, the development can achieve the grid street pattern and more efficiently use the property for type of development proposed. If this scheme is implemented, the remaining ecological value of the stream, however small, will be lost. Burying the stream also means a loss of a potential aesthetic resource. The southern stream, especially since it starts on-site and does not experience the heavy runoff from upstream properties, could be a candidate for an aesthetic amenity. If the project does not pipe the stream, significant streambank stabilization will be required to maintain a channel. Staff believes that the decision of whether to pipe the streams or not is closely related to the scale of the project. At the density proposed, it will be difficult to keep the streams exposed. Even with a less intensive proposal, the ultimate quality and aesthetic value of these two small streams will be difficult to protect. Development of this site is likely to severely degrade the quality and utility of these streams. · As proposed, the project would pipe two streams of marginal quality. Do the goals for developing this site merit piping the stream? What degree of stream destruction is acceptable? ANALYSIS OF INFRASTRUCTURE Residential and Non.residential Infrastructure Surrounding Project site. Neighborhood 1 represents the most dense, urbanized section of the County. In order to determine Albemarle Place's potential to act as a neighborhood center for the southern portion of Neighborhood 1, a study was performed to determine the mixture of housing types and population within a quarter mile of the proposal. Attachment C-2 shows the study area, which does not include the Meadows neighborhood in the City. Table 2 outlines the findings of the study. These findings estimate that 5,693 people live within walking distance (a quarter mile) of the project. Using the most recent population data prepared by the County, this represents roughly 7% of the total County's population and 15% of the Development Area's population. When the City's adjoining Meadow neighborhood population is added, the number of residents within walking distance increases. Albemarle Place - 10/9/02 Staff Report Focus: Context for Application 4 Nieghborhood Model Design Review 10/9/01 Staff Report Table 2 - Albemarle County Housing Units and Population Estimates within ¼ mile Housing Type Number of Units Pop. Multiplier Population Estimate Single Family Detached 218 2.72 593 Single Family Attached 218 2.33 508 Duplex 58 2.33 135 TOwnhouse 437 2.33 1,018 Multifamily/Apartment 1,744 1.97 3,436 Mobile Home 1 2.7 3 Total 2,676 5,69'3 The Sperry and Comdial industrial sites will be adjacent to Albemarle Place. Currently, both facilities are maj°r employment Centers for the County. This proposal needs to interface with ' these properties by providing both pedestrian and vehicular connections between the two developments. · How should the undeveloped land adjacent to Sperry and Comdial Factories be developed in order to provide access to these industries and maintain their viability? The Albemarle Place project is also centrally located along the Route 29 North commercial corridor. The two other major shopping centers within the corridor, Barracks Road and Fashion Square, are a little over a mile to the south and to the north, respectively. A mixture of other stores and offices are found between these two shopping centers. For the next worksession, staff will provide the Commission with an analysis of the retail capacity within the Route 29 corridor and region. Schools Potential impacts to schools are a part of any Comprehensive Plan Analysis. This portion of the County is served by Greer Elementary, Jouett Middle, and Albemarle High, According to school officials, the completion of the Northern Elementary School will alleviate the OVercrowded conditions at Agnor-Hurt and Greer Elementary Schools. The Capital Improvement Plan (CIP) plans for expansion to the Jouett Middle School within the next couple of years. This expansion will increase the capacity of Jouett also. Finally, the high school should be capable of managing the increase in students anticipated by this project. The project proposes between 300 and 600 dwelling units. A majority of them will be higher- income apartmentsl This housing type generally is not utilized by families with school-aged children. Therefore, if approved as proposed, Albemarle Place should not have a large impact on schools. Libraries Central Library in Charlottesville and the Northside Branch Library in Woodbrook serve this area. The Comprehensive Plan notes that the current Northside Branch is a leased facility and should be replaced by a permanent facility. The CIP identifies the need for two, 25,000 square foot libraries in the northern portion of the County, a new Northside Branch and a new library in Albemarle Place- 10/9/02 Staff Report Focus: Context for Application 5 Nieghborhood Model Design Review 10/9/01 Staff Report the Route 29 corridor north of the Rivanna's South Fork. The CIP estimates the costs for design and construction at $4.1 million and land acquisition at $1.3 million. The County is performing a location study to determine the best location of these two libraries within the Route 29 North Corridor. Depending on the study's outcome, a library maybe appropriate in this area. Fire and Rescue Service The Albemarle Place Properties arc within the five-minute response time of the Seminole Trail Fire Company and the Charlottesville Fire Station on the 250 By-pass. The Albemarle Place Properties are also within the five-minute response time of the Charlottesville/Albemarle Rescue Station on Mclntire Road. At this point in the review, the proposal does not appear to adversely affect the ability of Fire and Rescue to provide service to the area. Public Open Space Infrastructure The Albemarle County Community Facilities Plans identifies four levels of parks: neighborhood, community, district, and county. The neighborhood level park is the smallest classification and is often a sub-category of a community park in scale and amenities. It is often oriented toward youth activities. There are neighborhood parks in the residential developments surrounding the Albemarle Place Properties. The community park is the next level up and is geared towards a wider range of age groups and provides more diverse recreational opportunities. Commtmity parks are intended for a service area within 2.5 miles and should be a minimum of 15 acres. These parks should provide playing fields and tot lots and often are associated with elementary schools. While Greer Elementary is nearby, it is not within walking distance. District parks are larger, a minimum of 30 acres, and provide more activities. These are usually associated with middle and high schools. Albemarle High School is just within walking distance of the Albemarle Place Properties, while Jouett Middle is farther away. These schools provide playing fields, basketball courts and other outdoor activities. Finally, county parks represent a major recreational center and are intended to serve residents within 10 miles. Ivy Creek is nearby and represents an excellent opportunity for residents to have a "natural outdoors" experience. There are large parks and open spaces nearby that are not discussed in either the Community Facilities Plan or the Comprehensive Plan. These are the 22.5-acre WhiteWood Park and the Meadow Creek drainage area. Both places are within walking distance of the Albemarle Place Properties and present a recreational opportunity for residents of the area if developed to their fullest extent (see Attachment E-2). Should Whitewood Park and the Meadow Creek greenway trails be improved to accommodate this and other new developments? Finally, the Capital Improvements Plan and the Parks and Recreation Department have identified the need for an Urban Area Gymnasium. At present, staff is looking at school sites for this gym. This area may offer a possible centralized location within a neighborhood for that gym. There are only two green space areas shown on the plan. The first is at the head of the Main Street and is roughly 100 feet by 300 feet and includes a fountain. The second is off Inglewood Drive in the more residential area of the project and includes a swimming pool and basketball court. These two green spaces are on the scale of what the Neighborhood Model would call a square or a green. Albemarle Place also proposes to create plazas along its Main Street. The Albemarle Place- 10/9/02 Staff Report Focus: Context for Application Nieghborhood Model Design Review 6 10/9/01 Staff Report first,plaza is adjacent to the cinemas and a restaurant. The second plaza is planned for the first block of the Main Street. More discussion of these public spaces takes place later in this report. Pedestrian/Bike Access Many of the streets adjacent to the project site have sidewalks. The 1999 U.S. Route 29 Pedestrian Study identified several areas either nearby or adjacent to the project site for improvements. Findings from the study include: 1) Construct a sidewalk along Hydraulic between Route 29 and Commonwealth; 2) Complete the sidewalk system along Commonwealth between Hydraulic and Greenbrier Roads; 3) Develop a Pedestrian Boulevard System parallel, but back away from Route 29 across the Albemarle Place Properties; 4) Develop either mid- block or grade separated crossings for pedestrians to traverse Route 29 between Seminole Square/Post Office and the Albemarle Place Properties. Stafffeels strongly that the connections recommended above and other pedestrian connections are needed if this project is developed as proposed. This reasoning is based around one of Albemarle Place's central theme - the project's pedestrian orientation and walkability. Pedestrian access must not only be internal to the project, but it must extend out into the neighborhood so that people can walk to Albemarle Place. Secondly, the fact that the project provides little in the way of open/green space means that the residents must have access to places like Whitewood Park and the greenway trail along Meadow Creek. · What additional pedestrian/bicycle improvement should be provided relative to these properties? Public Transportation CharlotteSVille Transit Service (Routes 5, 7, and 20) currently serves this area. Service starts at 6:00 a.m. and ends at approximately 11:00 p.m. · To what degree should the public transportation system be integrated within the project? Roads Analyzing this proposal's effect on roads is critical to determining whether the Comprehensive Plan's designation for the property should be changed. As mentioned above, the County and the developer are analyzing the potential traffic impacts that could be generated by a project of this magnitude. Without the completion of this analysis, it is difficult to assess the improvements that wilt be required. It is important to identify, even at the earliest stages, the importance of linking into the existing street pattern or, at a minimum, leaving open the possibility for future connections. Staff recognizes that the developer's proposal continues the streets of Inglewood, Cedarwood, and Swanson from the Meadows neighborhood. However, staff believes that creating or setting up connections to the other peripheral developments is critical. Staff has identified several opportunities for providing interconnections (see Attachment G-2). The first connection opportunitY is to the Seminole Square Shopping Center. The proposed Main Street could be aligned with either India or Zan Roads, the two closest entrances into Seminole Square. A second possibility is to. realign the proposed Second Street to line up with the main entrance to Seminole Square and the stoplight at its entrance. The third opportunity is to design Cedar Hill Road to continue through to the existing Comdial Plant. This would enable any redevelopment of that factory to be incorporated without offsetting the roads. The fourth opportunity provides for possible connections to Commonwealth Drive. Albemarle Place- 10/9/02 Staff Report Focus: Context for Application 7 Nieghborhood Model Design Review 10/9/01 Staff Report As proposed, the third and fourth identified opportunities are not feasible because of the grade separation between the properties and the proposed use of retaining walls. While staff recognizes that there may be additional changes pending the outcome of the traffic impact analysis, we believe that these suggestions should be incorporated into any change in designation for this area. · What road interconnecfions are important to incorporate into the development of the Albemarle Place Properties? Finally, the Comprehensive Plan, in its specific recommendations for Neighborhood 1, suggests widening Hydraulic Road to five lanes between Route 29 and Whitewood Road. It is also recommended that these improvements include sidewalks and bicycle facilities. Any development of the Albemarle Place Properties should incorporate this expansion into its design. Water/Sewer Capacity There is currently an 18-inch water main down the center of Route 29. This main along with others along Hydraulic Road will provide sufficient water for this project. The overall water supplies are also capable of supplying water for a project of this size. In providing sewer for this project, the applicant will have to work with three entities. First, the Albemarle County Service Authority will review the sewerlines and infrastructure associated with the project. Then, the sewer for this project will most likely flow downhill through Seminole Square Shopping Center. Currently, there is a 10-inch line running from the Sperry Plant towards the Seminole Square and then under the Giant Foods Store. The City, who manages the lines under the Seminole Square Shopping Center, states that there is either an 8 orl0-inch line running under the Giant. To manage the expected sewer flow from a proposal of this size the line under the Giant will most likely be too small. Therefore, an alternative route for providing sewer will have to be found. After leaving the City's system, the wastewater will mostly likely utilize the Rivanna Sewer and Water Authority's interceptor along Meadow Creek. The current capacity of the Meadow Creek Interceptor is unknown at this time. It is estimated that the dry-weather flow is between 40 and 60 percent of capacity. During storm events, the line experiences surge problems. Thus, it is unknown if the interceptor is capable of handling the flow from a project of this magnitude. Upgrades to the interceptor or improvements in stormwater management may be required in order to manage the expected flow from a regional commercial center such as the one proposed. With respect to overall sewer capacity, there is sufficient capacity at the Moores Creek Treatment Plant to treat the wastewater from a project of this size. Regional Stormwater Management The applicant has proposed two large basins to manage their required stormwater quality and quantity requirements. These basins are proposed to be located in the stream valleys just before the streams pass under Route 29. Staff has not yet evaluated the choice of the basin locations and design. However, it is important that stormwater management be considered early in the planning stages. The city maintains a stormwater basin behind the Giant Foods Store. Water from the southern portion of Albemarle Place will drain to that basin. The basin currently is undersized for the flow from the Seminole Square Shopping Center. This basin cannot accommodate additional stormwatcr from the Albemarle Place Properties. An additional concern is that Albemarle Place will increase imperious cover in the drainage to the point where the average flow water (not the Albemarle Place - 10/9/02 Staff Report Focus: Context for Application 8 Nieghborhood Model Design Review 10/9/01 Staff Report peak flow from a storm) increases. This may cause the (~ity's basin to malfunction. To avoid this problem, stormwater from the Albemarle Place Properties may need to be reroutcd around the basin. ANALYSIS OF COMPREItENSIVE PLAN GOALS The Request's Consistency with the Comprehensive Plan EXISTING LAND USE DESIGNATION The current (I 996) Comprehensive Plan recommends the designation of Industrial Service for the Albemarle Place Properties. The Plan's general description for Industrial Service is as follows: Uses allowed within this designation include warehousing, fight industry, research, heavy industrial uses, as well as uses allowed under Office Service. Commercial uses are allowed in this designation as a secondary use. Industrial Service designation requires appropriate site size (+5 acres), arterial road accessibility, water and/or sewer availability, compatibility with adjacent uses. Rail access may be necessary. ~ Areas for less-intensive industrial uses may act as transitional areas between commercial and industrial areas. Uses in these areas may not require maior infrastructure provisions. A zoning district to distinguish between general industrial and transitional industrial may be appropriate as an amendment to the Zoning Ordinance. It is important to note that under the current designation, the applicant could develop the site with offices and limited commercial uses. The North Fork Research Park is an example of an office development in an area designated as Industrial ServiCe. However, the Industrial Service designation does not allow for residential uses as part of the mixture. The residential aspect is a key component of the applicant's proposal and the Neighborhood Model. EXISTING COMPREHENSIVE PLAN GOALS FOR NEIGHBORHOOD i The Comprehensive Plan, in its more specific recommendations for Neighborhood.I, mentions the possibility of a mixed-use development on the Albemarle Place Properties. In its recommendations, it states the following: Industrial Service uses are recommended for the undeveloped area north of Hydraulic Road, between Route 29 and Commonwealth Drive. AS an alternative, this area may be considered for mixed-use development consistent with the Transitional designation to include commercial services serving additional community scale needs rather than regional demands. Maior considerations in the review of any alternative land use proposals will be the impact to the surrounding road system and adjacent residential areas, and consistency with the land use development standards of the Comprehensive Plan. (Page 38 of the Comprehensive Plan) It is important to note that while this recommendation opens the door to mixed-use development on this site, it also places limitations on the development in two important ways. 1. The recommendation tries to limit impacts to surrounding roads and residential areas. 2. It seeks a smaller, community scale commercial development. THE PROJECT'S CONFORMITY WITH THE PROPOSED REGIONAL SERVICE DESIGNATION As stated above, guidance from the current Comprehensive Plan recommends two possible land use designations for the Albemarle Place. Properties, Industrial Service or Transitional with Albemarle Place- 10/9/02 Staff Report Focus: Context for Application 9 Nieghborhood Model Design Review 10/9/01 Staff Report commercial services at a community scale. The applicant has requested a Regional Service designation. For comparison purposes, the Transitional, Community Service, and Regional Service land use designations defmitions are provided below: Transitional Transitional areas are intended to be used primarily between residential areas and con'an~cial or industrial areas, or in areas where flexibili _ty of land uses may be necessary or appropriate to blend chan~ffing circumstances (e.g., where long-term public improvements are anticipated, or areas where redevelopment/re-use is encouraged). ~ Transitional areas provide an opportunity to develop mixed use area with Urban Density residential uses and non-residential land uses on the scale of Neighborhood Service and Office Service, as defined in the next section of this chapter. ~ Uses include neighborhood-scale commercial areas, office buildings, townhouses and apartment buildings. (from page 26 of the Comprehensive Plan) Community Service Uses allowed with this desi~ation include community-scale commercial, professional, office uses providing retail, wholesale, business, medical offices, small office buildings, mixed-use core communities, and/or employment services to the Urban Neighborhood, Communities, and larger geographic sections of the County. ~ Urban Density Residential (6 to 34 dwelling units per acre) uses are allowed within this designation as a secondary_ use. ~ Community Service desi~ation requires a medium site size (5 to 30 acres), collector road accessibility, water and sewer awilabilitv, and compatibility with adiacent land uses. (from Page 28 of the Comprehensive Plan) Regional Service Uses allowed with this desi~ation include regional-scale commercial, regional malls, medical centers, mixed-use developments, professional, interstate interchange developments and corporate office uses providing retail, wholesale, business, and/or employment services to Albemarle County and the region. ~ Urban Density Residential (6 to 34 dwelling units per acre) uses are allowed within this designation as a secondary use. ~ Regional Service designation requires a large site size (30+ acres), arterial road accessibility, water and sewer availability, and compatibility with adjacent land uses. (from Page 28 Of the Comprehensive Plan) Albemarle Place calls for a dense, urban-style development with the retail uses drawing on a regional population. It also proposes one of the densest developments ever to come before the County with a floor-to-area ratio of 0.61 (1.7 million square feet/64.7 acres). Finally, the proposal calls for a mixture of uses. For these reasons, staff believes that the proposal fits best into the Regional Service designation. The scale of a Regional Service designation is not in keeping with the Transitional designation with community scale use that is suggested as a possibility in the current Comprehensive Plan. This amendment application essentially asks the County to revise the intensity of the commercial development upward from a community to regional scale. Albemarle Place - 10/9/02 Staff Report Focus: Context for Application 10 Nieghborhood Model Design Review 10/9/01 Staff Report Staff recognizes that the Albemarle Place Properties haVe several favorable factors for a regional scale development. First, the properties are centrally located within the Development Area. This makes the property more accessible to the entire Development Area population. Secondly, the size of undeveloped land (62 acres) meets the criteria for Regional Service (+30 acres). There are no other undeveloped parcels of this size, this close to the City, which are as developable. Thirdly, it is in the middle of the County's retail corridor. Locating the project internal to this corridor concentrates retail development in one area instead of dispersing it to other portions of the County. In theory, this provides for fewer car trips, more efficient use of public transport, etc. Finally, the infrastructure is akeady in place. Route 29 is a major arterial road and provides easy access for a large number of our residentS. The east-west 250/29 By-pass is also nearby. One of the most important questions - Can improvements to the existing road network manage a regional scale project at this location? - remains unanswered. The next worksession will focus on the road capacity and any limitations that it might place on this project's scale and density. · If traffic concerns can be managed, is it acceptable to revise the scale of uses upward from community to regional scale for this lOcation? Another component of the Albemarle Place project is mixture of residential. The Regional Service designation states that urban density residential uses are permitted, but as a secondary use. The recent adoption of the Neighborhood Model calls for the increased utilization of residential use within commercial uses. Thus, staff believes that including residential uses as an equally important component of development remains consistent with the Regional Service designation. The Request Analyzed Against the Comprehensive Plan Amendment Criteria In 1991, the Board of Supervisors adopted five criteria for the review of Comprehensive Plan Amendments. The applicant has submitted information that addresses each criterion (see Attachment H-2). The Criteria (A-E) are underlined below. In this section, staff reviews the applicant's responses and provides an analysis of the proposal's ability to meet the criteria. Criterion A - The Comprehensive Plan provides along-range guide for direction and context of the decision-making process for public and private land uses. The Comprehensive Plan is general in nature rather than attempting to identify specific geographic locations. The Land Use Map of the Comprehensive Plan sue~ests the relationship of'recommended uses to general areas. Proposed amendments to the Land Use Map should be reviewed for compliance with the general plan rather than area-specific or parcel-specific requests for a change :in recommend use. The purpose of the Land Use Map is to provide and plan for a balance of land uses~ equipped with adequate utilities and facilifies~ in a comprehensive~ harmOnious manner. Any proposed change in the Land Use Map will be evaluated for protection of the health~ safet¥~ and welfare of the general public rather than the proprietary interests itl an individual. The relationship of uses is a central principle in both the Comprehensive Plan and the Neighborhood Model. The use presented by the applicant, if built as proposed, would be a regional focal point or "town center." While the de£mition of a town center has not been well defined in practice in Albemarle, the idea of ~ neighborhood with a continuum of uses and focal points/centers has been recognized through the adoption of the Model. The applicant has argued that the project, though its location and its mixed-use, urban-style, meets the Comprehensive Plan's growth management and infill development goals. In many ways, staff agrees with the applicant. The project is much closer to the center of the Albemarle Place- 10/9/02 Staff Report Focus: Context for Application 11 Nieghborhood Model Design Review 10/9/01 Staff Report Development Area. If approved, it would serve to counter-balance development's northward progression along Route 29 towards Green County. Secondly, while discussion in Criteria D identifies several problems, staff recognizes the project's basic form as a good example of a mixed-use urban development. Through modifications to the plan and perhaps density to meet traffic and economic concerns related to retail absorption, staffbelieves that it is possible for a mixed-use concept to be integrated into the existing neighborhood. The final aspect of the overall land use relationships is where should the large-scale retail development occur within the County? Two other proposed "Town Centers", Hollymead and North Pointe, might provide the County with other choices for a similar scale development. Both of these developments are near the Airport Road/Route 29 intersection. The Albemarle Place project essentially asks where should that regional focal point be in the Northern Urban Section of the DevelOpment Area. Staffbelieves that, if the traffic question can be resolved, it makes sense to provide the major retail development closer to the center of the Development Area. · If traffic concerns can be managed, is the proposed location advisable for a regional scale development within the Development Area? Criterion B - The merit of Comprehensive Plan Amendment requests shall be lareelv determined by the fulfillment of support to the "Goals and Ob|ectives" specified in the Comprehensive Plan. The applicant has outlined how Albemarle Place meets four goals: growth management, facilities planning, mixed-use in the Development Area, and good urban form. The applicant again raises the point that this project is an infill development and that there are a variety of land uses, facilities and services currently existing immediately around the project site. Furthermore, the applicant argues that urban-style development is more complimentary in this location than in any other parts in the County. Finally, they point out that intense utilization of this site relieves the pressure on the Rural Areas. Staff agrees in principle with these assumptions. However, the County has a responsibility to protect the general public's health, safety and/or welfare. Two potential side effects of this project - traffic generation and impacts to the retail community- could clog the roads or lead to vacant stores and thus an inefficient use of land. Staff believes that the project, with guidance from the Commission and the Board, can meet the goals and objectives of the Comprehensive Plan. However, the capability of the existing road infrastructure to handle the proposal will determine the scale and intensity of the project. The Traffic Impact Analysis, suggested road improvements, and Retail Impact Analysis will be discussed at the next worksession. Criterion C - A primary purpose of the Comprehensive Plan and Land Use Map is to facilitate the coordination of improvements to the transportation network and expansion ot public utilities in an economical efficient~ and |udicious manner. Comprehensive Plan Amendments~ which direct growth away from designated growth areas, shall be discouraged unless adequate |ustification is provided .... No Comprehensive Plan Amendment shall be considered in areas where roads are non-tolerable or utilities are inadequate unless the improvement of those facilities is included in the Comprehensive Plan amendment proposal. The applicant states that the project Will facilitate the coordination and implementation of future improvements to the existing transportation network. Hopefully, after the review of the applicant's traffic impact analysis, a workable pattern of improvements can be agreed upon. Albemarle Place- 10/9/02 Staff Report Focus: Context for Application 12 Nieghborhood Model Design Review 10/9/01 Staff Report Currently, the intersection of Hydraulic and Route 29 has a Level of Service D. It is believed that this project will increase the amount of traffic. Solutions proposed for the current problem, such as the Western By-pass and the Meadow Creek Parkway, will not be implemented in the near-term. Aside from possible road improvements adjacent to the site, the answer to managing traffic flow at the Hydraulic/Route 29 intersection may be achieved either through a reduction in the project's scale and intensity or through a phasing of development, which coordinates with the timing of the By-pass or the Parkway construction. As mentioned above, there is a degree of uncertainty about the existing sewer infrastructure's capacity to handle a project of this magnitude in this portion of the Development Area. However, without further study of the Meadow Creek interceptor's capacity, staff cannot make a recommendation on the adequacy of the sewer in this area at this time. Criterion D - Proposed comprehensive Plan Amendments shall be evaluated for ~,eneral compliance with adopted County plan~ policies~ studies and ordinances and to determine if corresponding changes are necessary. Staff has also analyzed this proposal for conformity with the 12 principles of the Neighborhood Model. PEDESTRIAN ORIENTATION Internally, the proposed development supporting the amendment is strongly oriented towards the pedestrian. There are sidewalks on every street. The density of the uses makes it quick and easy to get between the well mixed uses. As proposed, the retail users are on the ground floor and orientated towards the street so that pedestrians have items to look at as they walk. This is complemented by the street trees and the developer's stated intentions to provide high quality streetscape element such as benches, plazas, etc. During the rezoning process, staff will work with the developer to ensure that the commitments to this look and feel are solidified. Externally, the project only marginally provides for pedestrian access. It does link to existing sidewalks and provides for new sidewalks along Hydraulic Road, as is called for in the 1999 U.S. Route 29 Pedestrian Study. However, it is not clear how pedestrians can get to Commonwealth Drive or across Route 29 to Seminole Square Shopping Center. Access to these two areas will be crucial in tying this project to the rest of the community. · What additional pedestrian/bicycle improvement should be provided relative to these properties? NEIGHBORHOOD FRIENDLY STREETS AND PATHS One of the proposal's central elements is the urban form of its streets. This urban form is in line with the Neighborhood Model's concepts for a densely developed area. The buildings fronting the streets are designed to create a "sense of place" through their architectural scale, massing, heights, and orientations. Finally, the grid pattern allows both vehicles and pedestrians to use alternative routes thereby reducing congestion. As discussed below, the good examples of urban form found in the southern half of the site are lost in the northern third. They are also lost at the periphery of the site. INTERCONNECTED STREETS AND TRANSPORTATION NETWORKS As mentioned in the previous principle, the proposal provides an interconnected, grid street pattem internally. Albemarle Place - 10/9/02 Staff Report Focus: Context for Application 13 Nieghborhood Model Design Review 10/9/01 Staff Report Externally, as mentioned earlier, the proposal should provide for increased connections to surrounding streets. Staff recognizes that the developer's proposal continues the streets of Inglewood, Cedarwood, and Swanson from the Meadows neighborhood. However, staff believes that creating or setting up connections to the other peripheral developments is critical. Staffhas identified four opportunities (see Attachment G-2). Again, these opportunities are: 1. Realignment of the proposed Main Street to line up with either India or Zan Road to allow for a future connection across Route 29 to the Seminole Square Shopping Center. 2. Alignment of Second Street with the main entrance to Seminole Square Shopping Center and the stoplight at this entrance. 3. Provide for a properly designed connection with the existing Comdial Plant. A suggestion is to design Cedar Hill Road so that it continues through to the Comdial Plant Property. 4. The plan should provide for possible connections to Commonwealth Drive. · What road interconnections are important to incorporate into the development of the Albemarle Place Properties? PARKS AND OPEN SPACE As a percentage of the total project, there is very little green space. Staff believes that, because of the project's urban form and nearby parks, the green space provided does not necessarily need to be in the form of a large open green area. Instead, the applicant should ensure that the following conditions are met: A. The project should assume additional, small-scale green spaces, public nooks, and plazas. Local examples of this type of space would include the Live Arts Courtyard. · Does the Albemarle Place proposal provide for enough green space? Enough "non-green" open space? What improvements need to be provided in and around these public spaces? B. The design aspects surrounding these green and/or public open space must compliment and accentuate these spaces. Furthermore, the developer will have to make solid commitments to these design aspects during the rezoning and site plan stages of the review of this or any other project. · What are the design elements required to make these public places inviting and successful? C. The applicant must seek to improve both the connections to nearby green space and to augment the infrastructure in these green space areas. Nearby green spaces needing improvements include the Whitewood Park and the Rivanna Greenway Trail System, either in the Meadow Creek Drainage or elsewhere. · Is it acceptable to provide some of the necessary green space off-site? D. I/the density of thc development drops because of the traffic or retail market analysis, the applicant should retain thc proposed urban form and increase the on-site to offset the loss of density. Albemarle Place- 10/9/02 Staff Report Focus: Context for Application 14 Nieghborhood Model Design Review 10/9/01 Staff Report NEIGHBORHOOD CENTERS As described in several places through out this report, Albemarle Place has the possibility of becoming not onlY the neighborhood center for the southern portion of Neighborhoods I and 2, but it could become a regional center. BUILDINGS AND SPACES OF HUMAN SCALE /nternally, the southern half of the proposal sets forth a streetscape and building pattern that is on a human scale (see Attachment B:2). For example, Main Street is forty feet wide with parallel parking on both sides of the street. The broad sidewalks on either, side of the road are twelve to fifteen feet wide. Then, both sides of the street are framed with four story buildings, retail on the first floor and either residential, office or additional retail on the upper floors. The length of the block is broken up with trees, plazas or green space. Unfortunately, the strengths on the southern side of the development are not replicated in the northern third and it is more typical of the standard suburban shopping mall. This section of the propo.sal calls for a 133,000 square foot "big box" retail store and 63,000 square foot grocery store. These two stores are accompanied by a massive surface parking lot. The road structure, which creates a grid pattern in the southern end, is also lost in this section. Finally, the buildings do not front on to the streets and this area is not as pedestrian friendly as the southern portion of the project. A range of alternative designs exists which offset the less desirable aspects of a typical "big box" development. This range starts at converting the "big box" into multi-level store. R also includes converting the surface parking lot into a structured garage with integrated retail space on the ground floor. Finally, if a large, single story building is the only alternative, there are a variety of building fafade/roof-line treatments, building orientations and/or other measures that dilute the appearance of.a large, monolithic box. These features can also facilitate a future subdivision the larger store, in the event of the need for re-tenanting, into with smaller stores that can break up the mass of the structure. · Is the layout of the project's northern section acceptable? If not, what modifications should occur? Externally, the' proposal's interaction with Hydraulic Road and Route 29 presents an additional concern. One of this project's strengths, its urban street form, is ignored along these edges. Only one or two of the proposed buildings front on to Hydraulic. The rest show their backs to the road. Additionally, several surface parking lots front onto Hydraulic. The same issues apply to Route 29 facade. The Land Use Plan (see Attachment G-2) shows a wide range of uses surround this site. Staff believes that the proposal should present more of a facade to the commercial, office, and industrial uses on the northern, western and southern edges of the project site. These same concepts are also recommended for this site by the City's 2000 Corridor Study. · What type of interaction should developments on this site have with Route 29 and Hydraulic ROad? What form or interaction should be the minimum standard? * These figures come from the rezoning application. Albemarle Place - 10/9/02 Staff Report Focus: Context for Application 15 Nieghborhood Model Design Review 10/9/01 Staff Report RELEGATED PARKING Again, the strengths of the southern portion of the project are not replicated in the northern third. In the southern half, the applicant has structured the parking. Staffhas also identified the possibility of fronting additional buildings along Hydraulic Road and Route 29. This would remove the surface parking along this street and allow the applicant to provide structured parking behind these buildings. Staff has not made a determination as to whether to amount of parking proposed is sufficient to meet the demands of the proposed uses. This determination will be made at both the rezoning and site plan review stages. MIXTURE OF USES For Albemarle, this project provides one of the first good examples on how uses can be mixed, as envisioned in the Neighborhood Model. Staffbelieves that the arrangement of uses along the proposed Main Street, Cedar Hill Road, and Inglewood Drive demonstrate an effective means for combining uses. Staff believes that the applicant should apply this mixture to the entire site. MIXTURE OF HOUSING TYPES AND AFFORDABILITY While the proposal mixes uses, it does not mix housing types. The proposal calls for anywhere between 300 to 600 dwelling units. The majority of these are apartments. Due to the costs of development and the image the project is striving for, the developer has stated that the housing will not be within the range of low-income persons. REDEVELOPMENT The proposal calls for the removal of the Blockbuster Shopping Center and the laundromat behind it. These buildings do not have any historic importance or aesthetic charm. Staff believes that the removal of these buildings, instead of their.redevelopment, is a worthy trade- off. A more important aspect of redevelopment is the long-term viability of the Sperry and Comdial Factories. As stated above, staffbelieves that the current proposal should embrace these factories as much as possible; however, it also is positive that the applicant has proposed road network envisioning the redevelopment of Sperr--y Plant. Staff believes that two improvements to the proposal could help this future road network. The first is that Swanson Road cannot continue straight through the Sperry Factory site as proposed. The proposed grocery store and its parking lot block the extension of Swanson. Secondly, the proposed Second Street is not aligned with the stoplight at the main entrance of Seminole Square. As mentioned earlier, the northward realignment of the proposed Main Street would allow Second Street to align with the entrance to Seminole Square. SITE PLANNING THAT RESPECTS TERRaIN As mentioned earlier, there are critical slopes on the site. A majority of these slopes were created as fill slopes during the construction of the Sperry Plant. These slopes are now associated with the streams, The plan calls for almost a complete regrading of the site and the piping of the streams. As part of this Comprehensive Plan Amendment, the Commission and the Board must decide whether it is impOrtant to retain a portion of the streams or achieve the density called for on this plan through a redesign. If the importance of protecting these streams is downgraded, then the grading that will take place around them is less important from an Albemarle Place - 10/9/02 Staff Reporr Focus: Context for Application 16 Nieghborhood Model Design Review 10/9/01 Staff Report environmental perspective. From an aesthetic perspective, the staff again suggests that the applicant minimize the use and height of retaining walls. CLEAR'BOUNDARIES MTH RURAL AREA This principle is not applicable to this project because it does not border the Rural Area. However, it is important to note that past Georgetown Road; Hydraulic forms the boundary of the Development Area. This intersection is about a half a mile from the Albemarle Place Properties. An additional reason for contemplating a regional or community scale center at this location is to strategically place the community's focal point. This area is also a boundary with the. City of Charlottesville. Criterion E- Except as otherwiSe provided~ the following conditions may be considered in the evaluation of a request to amend the Comprehensive Plan. 1. Change in circumstance hasoccurred~ or, 2. Updated information is available~ or~ 3. A subsequent portion of the Comprehensive Plan has been adopted or developed~ 4. A portion of the Plan is incorrect or not feasible~ or, 5. The preparation of the Plan as required by Article 15.1-477 of the Code of Vireinia was incomplete or incorrect information was employed. Staff feels that the applicant has brought up several valid points in addressing this criterion. The first is that the adoption of the Neighborhood Model represents a significant change in the Comprehensive Plan. Staff agrees that the adoption does represent a major shift. The applicant's second point is that a change in the surrounding land uses and market forces makes these properties incompatible for industrial development. The applicant states that the decision by the former owner of Sperry Property to sell off the wooded areas for a mixed-use development and the difficulty in marketing the Comdial factory to perspective users emphasizes the fact that the industrial marketplace does not view the property as a viable location. Instead, these types of industrial user are attractive to more suburban office park locations. Staff will analysis this aspect further as part of the next staff report and worksession. Finally, the applicant states that the City's Commercial Corridor Study recognizes this location as having a strong potential as a "gateway" project. The Corridor Study recommends a grade- separated interchange and an urban roundabout. Additionally, the Corridor Study calls for the buildings at the intersection to be built adjacent to the street to better define and enclose the space. While the applicant's proposal appears to hinge on the roundabout, it should be sure to bring the faqade of the development right up to the street. The roundabout concept will be reviewed during the next worksession. CONCLUSION As described through out this report, Albemarle Place has the possibility of becoming not only the neighborhood center for the southern portion of Neighborhoods 1 and 2, but a center for the region. Staff's believes that the centrally located Albemarle Place Properties offer a unique opportunity to provide a well-developed center for the southern portions of Neighborhoods 1 and 2. Furthermore, staffbelieves that'there are advantages to developing this site at a more intense regional scale. However, the scale and intensity of this developed center, and more specifically the regional retail component of it, depend on traffic impacts, retail market impacts, and the project's design and its interaction with the surrounding neighborhood. Albemarle Place - 10/9/02 Staff Report Focus: Context for Application 17 Nieghborhood Model Design Review 10/9/01 Staff Report The first two variables will be dealt with during the next worksession. This worksession asks the Commission to identify the internal elements of the proposal which are favorable or problematic. This worksession also asks the Commission judge the proposal's interaction with the surrounding neighborhood and to identify any impacts which need to be mitigated. Finally, the worksession is an opportunity for thc Commission to determine, in general terms, if this location is suitable for a more intensive, regional scale development. SUMMARY OF QUESTIONS FOR THE PLANNING COMMISSION The list of questions that were asked through out this report have been condensed below. The aim of the following questions is to focus the discussion on identifying the important intemal design aspects and the means for integrating any development on these properties into the community. The ultimate goal of the worksession is to identify the most important elements of this proposal and site, so that these elements become the basis for any Comprehensive Plan language changes. 1. What are the proposal's desirable/positive design aspects? Which design aspects are not desirable/positive? What the important design aspects that should provided or modified? The layout in northern third of the prOPosal differs from the southern half. What, if any, modifications are necessary? As proposed, the project would pipe two streams of marginal quality. Do the goals for developing this site merit piping the stream? Given that some degree of stream degradation is inevitable, how much is acceptable? As proposed, the site grading would remove most of the woods. Is this acceptable? How much should be retained? If the project properly designs and integrates its proposed uses along its boundary with the Commonwealth Drive homes, is it acceptable to not retain wooded buffer called for in the current Comprehensive Plan? 4. To what degree should the public transportation system be integrated within the project? 5. What additional pedestrian/bicycle improvements should be provided in the development of these properties? What are the important linkages to be made? 6. Does the Albemarle Place proposal provide for enough green space? Enough "non-green" open space? If not, what improvements need to be provided in and around these public spaces? What are the design elements required to make these public places inviting and successful? Albemarle Place - 10/9/02 Staff Report Focus: Context for Application 18 Nieghborhood Model Design Review o 10/9/01 Staff Report Is it acceptable to provide some of the necessary green space off-site? The proposal relies on a system of retaining walls, especially along the northern and western edges. To what degree is the use and height of retaining walls acceptable on this site? In order to integrate this proposal, should the intensity and/or the design aspects of the project be altered to reduce the use or height of these walls? 8. What road interconnections are important to incorporate into the development of the Albemarle Place Properties? For developments on this site, what type of interaction should the buildings and/or streetscape have with Route 29 and Hydraulic Road? What is minimum form or interaction expected? 10. How should the Albemarle Place Properties be developed in order to provide access to Sperry and Comdial industries and maintain their viability? 11. If traffic and retail capacity concerns can be managed, is it acceptable to revise the scale of uses upward from community to regional scale for this location? 12. If traffic and retail capacity concerns can be managed, is the proposed location advisable for a regional scale development within the Development Area? GOALS FOR THE NEXT WORKSESSION The following are goals for the next worksession: 1. A review and discussion of thc applicant's traffic impact analysis. 2. A review and discussion of the applicant's regional retail market analysis. 3. A review and discussion of thc loss of developable Light Industrial land. LIST OF ATTACHMENTS A-2- Tax Map B-2 - Project Plan - Street Level Project Plan - Upper Levels C-2 - City/County Land Use Plan D-2 - Environmental Features E-2 - Park Areas F-2 - Rough Walking Distance to Sperry G-2 - Important Vehicular Intercormections H-2 - Applicant's Response to Comprehensive Plan Amendment Criteria Albemarle Place- 10/9/02 Staff Report Focus: Context for Application Nieghborhood Model Design Review 19 I Swonsofl Road OVERALL FULL BUILDPROJECT SUMMARIES: Total Retad GLA- :208.613 si Talal Mator Retail GLA- :419,290 si Total Departmen! Slore OLA- _-90,000 sJ Total Restouranl GLA-:54~922sJ TomJ Theatre GLA- :77,250~f Total Office GLA- ~295,109 sf ToloJ :464,944 TOTA RD ATTACHMENT F CP~ OAK FOREST CIR ATTACHMENT H Comprehensive Plan Amendment * The CountY O. fAlbe~arle ~ ~' C~ ;~ ~f~consi~erafi°ns fo? De,~e~ation of APProPfiateneSs~'~ :~ ~;~ ~ ~.~:. rect growth awas . growth areas l~s adequate.justification' is provided. Ame~ [drnents to the boundaries of growth areas nray be considered appropriate ~f the request is comprei[en- sive, proposes to follow a logical topographic or man-made feature and is supported b~l adequate justification. No Comprehensive Plan ~mend- ment shall be considered in areas where roads are non-tolerable or utili- ties are inadequate unless the improvement of those facilities is inchded in the Comprehensive Plan amendment proposal.. Albemarle Comprehensive Plan Policy; fanuary 15~ 2000 Transportation and Utilities: The Town Center will facili- tate the coordination and implementation of future improve- ments to the existing, contiguous transportation network. Also, it will contribute to the enhancement of public utilities in an economical, efficient and judicious manner within the urban infill area. The master plan depicts an internal urban street network that is designed to provide for better aCcom- modation and distribution of external regional shopping traffic demands. One such improvement is the diversion of certain traffic movements from the Hydraulic/Route 29 in- tersection. Also, the project's off-site trip generation contri- bution to the external road network will be lessened by the increased levels of internal trip absorption among the pro- ject's residential, commercial, office and entertainment uses. Priority on Growth Areas: The Town Center is, by defini- tion, a high density, urban infill project which embraces the County's growth area priorities. Its scale will be the antithe- sis of the-familiar forms of suburban sprawl development which have placed pressure on vulnerable properties which are located just outside the growth areas. The Town Center · 12 Comprehensive Plan Amendment · The County o.t'Albe~narte .... ~:..~:,,. regiona venues With respect t0'the existing roadnet serVing thegreat' er Central Virginia area via existing arterial, bypass, and in- terstate faCilities. Adequate Public Facilitiesi Roads, utilities, drainage, pow- er, water, sewer and other essential infrastructure provide the necessary levels of service expected for a high density ur- ban location. The 1996 Plan. recognizes that Neighborhood #1 contains the County's largest concentration of residential population, its largest employment centers and buildings, and some of its largest regional retail establishments. Local and state planners, over the years, have identified this cor- ridor as one of its most significant priorities for capital im- provements. The applicants will coordinate with the CounW and key service providers to e~ure that adequate infrastruC- ture and service capacities can be maintained or improved in conjunction with the permitting process. The Town Center · 13 COmprehensiVe Plan Amendment ' The County. of Alb~narle The subject Land Use Map amendment has been evaluated in relationship to Albemarle County's plans, policies, studies and ordinances. With respect to the County's goals, initia- tives and strategies for neighborhoods and urban land use within the designated Development Areas, the most signifi- cant and influential of these plans and policies is (and will be) the DISC "Development Areas Initiative Project." This extensive, three year research and planning effort culminat- ed with the Planning Commission's recommendation of the DISC "Neighborhood Model" to the Board of Supervisors (February 20, 2001) for inclusion in the update of the Coun- ~"s Comprehensive Plan. The DISC goals were established to carry forward and aug- ment the 1996 Plan's goals for the Land ~dse Map as well as to provide a vision for what future neighborhoods in the De- velopment Areas should be like. During the applicant's pre- liminary design phase for the project, the concept for and programmatic elements of The Town Center have evolved from DISC's fundamental tenets for urban design. With re- spect to the planned project's direct relationship to the ten major goals of the Neighborhood Model, it is worthwhile to consider the following: The Town Center · 14 represents a "core'' ~' serves as a jU~on between neighborhOods, (b) is located at one of the most prominent L~tersecfio~ ~ ~Jbemarle Cotmt7 a~d (c) se~es as a pote~- b'a! future "hub" and urban acfivi~ center for Nei§hbor- hoods #1 and #2 and their surrounds. As a "hub," its MaL~ Street wi!! incorporate civic spaces, .restaurants, !origin§, work places, multi-screen theaters, and outdoor plazas where people may eat, greet and recreate. By virtue of the plarmed mix of uses and urban desi~ elements, this particu- lar "center" establishes its own thematic, axial, and socially functional identitv, within the Urban Neighborhood as weil as within the neighboring Ci,ty and employment areas. ,~pplication of the Neighborhood Model: zVIulti-level B~ildings at The Town Center Thy Town Center · 15 Comprehensive Plan Amendment · The Count., o. fAIbemartc Open Space: The Neighborhood Model's goals for open space emphasize the need for public and private outdoor re- creational areas as well as spaces for active and passive re- creation. By virtue of The Town Center's retail merchandis- ing goals for establishing a dynamic upscaled "lifestyle center", the project will include an urban plaza, fountains and entertainment settings along Main Street and through- out the project. As an urban form, the emphasis on compact open space and recreational areas will be placed on quality over quantity. Main Street and its supporting interconnected street grid will provide an "activity path" which will effec- tively links residents, shoppers and visitors to The Town Center' retail, service and residential neighborhoods. Network: Streets, paths and bus routes will be planned as a carefully integrated system. Responding to DISC's goals for neighborhood "linkage", The Town Center incorporates an extensive network of internal sidewalks which offer the op- portunity to connect the new with the old, the on-site with the off-site. Further, by mirroring some of the "linkage" rec- ommendations of the City's Commercial Corridors study, in- ternal streets and sidewalks will be aligned with existing public streets to provide convenient access to residents in these neighborhoods to the south. The high density residen- tial neighborhoods to the west can be afforded vehicular ac- cess without having to enter into the Route 29 traffic mix. Employees working close bv (such as at the Litton and Comdial facilities) will be provided pedestrian access. Fur- ther, recognizing the real growth in transit usage along the transportation corridors serving Neighborhoods #1 and #2, a bus stop and shelter will be planned with the project, with the location and design coordinated with local providers. Mixed Uses: The Town Center will offer a blend of mixed uses located in buildings defined by a varying scale and ar- chitecture. As many as tWenty-three individual buildings are anticipated bv the plan of development at full build-out. The range of uses may be located in mutti-stoo, buildings which are side-bv-side or mav be uses located within the The Town Center · 16 o Comprehensive Plan Amendment · The County Of Albemarle same structure. Of the twenty-three planned structures, twelve of these are anticipated (o serve as mixed-use struc- tures. Entertainment and eating establishments will inject a "night life" into a creative mix of quality, "fashion oriented" retailers, while high density residences and offices will be lo- cated over Main Street:s shops. A separate block within the project will be devoted primarily to residential uses while other blocks will be uniquely organized to best serve desti- nation retail. Conveniently located parking decks are pro- posed to absorb a major portion of parking demands and to concentrate parking at close-in locations, thereby reducing the suburban image of "open field" lots. A block use analy- sis and land use yield summary for the project is included in the appendix of this document: Building Placement and Scal'e: The fifth DISC goal for "Neighborhoods in the Development Areas" promotes a strong interrelationship among buildings, spaces and land- scaping which creates a "sense of place.' The architectural scale, massing, heights and orientations of The Town Center' major buildings will be sensitive to the Neighborhood Mod- el, with an emphasis on creating a "user friendly" street en- vironment at a "human scale." To achieve this, ~he develop- ment program integrates a number of elements--such as a plaza, square, park, outdoor eating areas and other gather- ing places--into its approach to establishing building place- ments which best reflect desirable New Urbanism and TND principles. Attention will be given to the relationship between outside common areas and building proportions in an effort to create appropriately scaled spatial enclosures and to en- hance the "public realm." The goal is to ensure that neigh- borhoods and blocks accommodate buildings and spaces which, when completed, ensure that the "whole is greater than the sum of the parts whi&h constitute The Town Center. The Town Center · 17 Comprehensive Plan Amendment · The County. of Albemar& Alleys: The Neighborhood Model's goal for allevs and sec- ondary entrances emphasizes an approach to intr~-parcel ac- cess and traffic distribution which fosters rear access to par- cels and buildings. The Town Center's Main Street fulfills this goal by incorporating secondarv (or rear) pedestrian and vehicular linkages which preserve the functionality, esthetics and carrying capacity of Main Street. As illustrated by the conceptual development plan, minor street and alley connec- tions allow for access to parking structures and minor lots which are located to either the side or rear of principal build- ing fronts. Relegated Parking: FulfiIling the Neighborhood Model's objectives for proper paving, parking, and pedestrian rela- tionships, Main Street and other streets are designed with on-street parking and conservatively scaled streets. To the extent possible, massed parking in front of specialtv retail and residential buildings will be minimized or avoided. The only exception is that destination retailers require "front door" parking. The use of widely accepted TND transporta- t-ion planning precepts in the desig-n of street sections is com- plemented by the proposed block and grid organization. The project's vehicular circulation system offers clear and ample options for on-site traffic. As represented on the con- ceptual development plan, designated parking areas are generally "buffered" from the project's main pedestrian link- ages. The developer intends to work with Countv and VDOT transportation planners to ensure that effective New Urbanism design standards can be employed which are spe- cific to the needs of The Town Center and its constituents. These will include Transportation Demand Management parking allocations, shared parking and loading spaces, stand-alone parking garages and lots, bus transit stops, and reduced street widths. Variety of Housing Types: As a mixed use neighborhood, The Town Center introduces residences interspersed throughout the project in order to achieve the desired varie- ty: and sense of vitalitv in its internal blocks. From a mixed- The Town Center · 18 10. Comprehensive Plan Amendment · The Count? o. f Albemarlc use perspective, the project will integrate upper level "flats" and other forms of high density residences in the same struc- tm'es as its non-residential uses. Recognizing that affordabil- ltv is an important concern to the Neighborhood Model's housing goals, it is likely that al/residences in the Albemarle Comer neighborhood will be rental apartment units with a range of size and bedroom mix characteristics. Subject to more extensive market evaluations of the Urban Area's resi- dential trends, housing options will be designed to fit the lifestyles and budgets of retirees, singles, and Universitv students in professional and graduate degree programs. Ar- chitectural treatment of"aflroraar~le- ' ' "units will vary little from that of other residences. Appealing Streetscapes: The Neighborhood Model recog- nizes that streetscapes are "the fundamental element of pub- lic space within the neighborhood." To ensure that The Town Center is inviting'to all, Main Street and other internal streets will create attractive New Urbanism streetscapes. The project's design team wiI1 make extensive use of paved crosswalks, urban street tree landscaping, plazas and squares, public spaces, bus shelters and other traditional street hardscape elements fsuch as high quality street light- ing, benches, signage, etc.) These elements will be carefully and creatively interwoven among the project's individu~l blocks and neighborhoods. Transportation Options: The Town Center will provide convenient routes to intra- and inter-neighborhood pedes- trians and bicyclists as well as to transit. With local and re- gional bus routes currentlv located along the Route 29N cor- ridor, a public transit stot~ and shelter will be incorporated into the overall project. Pedestrian demands within the pro- ject will be accommodated via safe, friendly and landscaped paths and walks which will be coordinated with adjoining property owners in order to achieve links to residential neighborhoods and emplo,vment areas where feasible. The Town Center · 19 Eo Comprehensive Plan Amendment ,, The Count~ of Albemarle Conditions for Consideration of Request With respect to the request for the Comprehensive Plan Amendment for The Town Center property, certain condi- tions relative to the County's evaluation criteria should be considered. This section focuses primarily on matters relat- ed to changesin circumstance since the date'of adoption of the 1996 Comprehensive Plan. Each condition is based on the established criteria: "The.t'olIowing conditions nzau be considered in a reauest to ame~1 the ~ , ~omprehensive Plan:" !. Change in circumstance has occun'ed: or Uvt~ted inrbrmation ts azaiiabte: or 5ubseau~t portzons o~ the Compretzensi:,e Plan ha;,e been adorer- ed or de:~eioped: .4 vortion of tJw Pial: I'S incorrect or no; Feasible: 07' . r~nuzre, t,u Artzcie 15.1-447 d :;',~s employed." Albemarle Comprehensive Plan Policy: [~nua~[ 18, 2000 Increased Development Pressure on Rural Areas and Non- Regional Locations: The continued rapid pace of by-right residential subdivisions in areas outside the Urban Ar~as has created pressures on secondary locations for sprawl residen- tial and commercial uses. This has caused a phenomenon wherein the market's distinction among varying shopping patterns--convenience, neighborhood, community and sub- regional retailing--has become somewhat blurred to the con- sumer. As a result, the ability to efficiently plan for and pro- vide services and infrastructure to secondary commercial lo- cations has been a challenge to both public'and private sec- The Town Center · 20 tor interests. Furthermore, growth h~ the rural areas (both in Albemarle County and its surrounds) has stimulated private sector interest in pursuing re~onal-level commercial devel- opment outside the Urban Area. The continued sprawl of commercial development, particularly of a regional nature, is inconsistent with the objectives of the 1996 Plan. Influence of the Development Areas Initiative Project (DISC): The DISC efforts represent a proactive and skillful approach towards advancing a new generation of compre- hensive planning strate~es and implementation techniques in Albemarle County. Since the 1996 Plan, the County has been impacted by cases of unwanted sprawl, and, through DISC, it leadership has taken positive steps to stem its tide. The DISC effort, along with the Planning Commission's rec- ommendations for incorporation of the Neighborhood Mod- el into the Comprehensive Plait, have both strengthened and auga'nen~ed the 1996 Plan's "vision" for mixed-use, infill de- velopment. The Neighborhood Model, which subscribes to New Urbanism principles and implementation techniques, is a logical extension of the 1996 Plan's general principles for land use in desig-nated development areas. 'Fhc Town Center Comprehensive Plan Amendment · The Countu of Albemarle Completion of Corridor Transportation Improvements: Urban transportation improvements represent another level of "changed circumstances" which directly support the ra- tionale for the subject project. The nature of this particular Regional Service application demands the presence of re- gional and sub-regional transportation facilities. The Virgi- nia Department of Transportation has comPleted its major improvement project for Route 29 and Hydraulic Road since the adoption of the 1996 Plan, resulting in the lane widening of both facilities. As a mixed-use, regional "center", The ToWn Center has direct access to the region's major arterial highway, with more direct lines of access to the region's east, west and south regional market sectors and City neighbor- hoods (via Route 250/29 Bypass and Interstate) than the cluster of other existing Regional Service developments lo- cated further to the north on Route 29. Change in Surrounding Property .Ownership Patterns and Uses: The change in ownership of the Comdial and Litton/Sperry properties represents a sig-nificant change in circumstance since the adoption of the 1996 Plan. Comdial and Litton/Sperry were generally recognized as the anchors to Neighborhood #1 as well as being the County's largest employers. The Sperry/Litton plant (230,000+ sf~fa on 19.4 acres), a highly specialized manufacturing and testing facili- ty which is circumscribed bv The Town Center land hold- ings, has changed hands several times since the beginning of the last comprehensive plan cycle, and its current manage- ment has reduced emplo,vment levels from earlier periods of operation. Further, the Comdial plant was recently placed under contract bv private development interests w'hich are not associated with economic development activities which generate similarly high levels of employment. While the ul- timate purpose for the 500,000+ sfgfa facilitv has not been fully revealed, it is known that it will cease to( house Comdi- al's traditional manufacturing functions. The Town Center · 22 ComPrehensive Plan Am endment o The Count. of Albemarle Industrial Market Viability and Existing Zoning: 'of market viability of The Town Center property Thefor usesla ck permitted under its current PD-IP zoning designation and Industrial Service planning designation have been substan- tiated by the marketplace since the 1996 Plan. A further in. dication of the lack of viability for long-term employment or warehousing related uses in Neighborhood #1 comes in the 'recent use vacation and sale of the adjoining Comdial manu- facturing plant. During the marketing phase of the Comdial property, its potential as a mixed-used, adaptive reuse prop- erty was emphasized by the real estate community. Several industrial prospects evaluated the facility, but little more than lukewarm interest was shown in the property's prom- ise for long term industrial use. Likewise, the Litton/Sperry operations, which were ,v~ewedi as an outlying suburban industrial -"~-mrv~:':L- a once ~onger as attractive to its r2resen ~,, ...... ~.:_ ~ ., re no , t ,~w,L¢~,up for use as a long.term employment center as it was during its early years. When viewed from a "highest and best use" stand2 point, both the Litton/Sperry and Comdial plants are dedi- cated to land uses which, in the current marketplace, have an uncertain future and would not be deemed as prime loca- tions for high employment generating industriaI facilities. Today, such uses are normallv located in large, suburban corporate office centers and research parks. Commercial/Mixed.Use Market Viability: The support for the market viabilitv of the subject prope~y for use under the proposed Regional Service designation has been validated by marked interest by other commercial developers since the 1996 Plan. Likewise, there has been no interest expressed from industrial users. The two prior PD-SC rezoning appli- cations on a portion of the subject property supported its documented feasibility for regional and destination retail uses. While each of tl~e original "Sperry Corners" land use applications was abandoned bv their contract owners, the re- gional retail marketplace and specific regional retailers voiced strong support for the earlier proposals. The Town Center . 23 Comprehensive Plan Amendment · The Count~ of Albemartc Industrial Service Area Expansion/Contraction Potential: There has.been a marked change in circumstances in poten- tial for Neighborhood.#1 to physically accommodate an ex- pansion of industrial service uses. Since the adoption of the 1996 Plan, bUSiness decisions by the Litton/Sperry and Comdial corporate ownership have either reduced or severe- ly limited the physical expansion potential of The County's designated Industrial Service Area in Neighborhood #1. 2Zhe sixty-two acres of Litton/Sperry's real estate assets (subject to this apphcation') have been sold as "disposable property." by prior owners with the full knowledge of and support for a mixed-Used (non-industrial) development. Thus, anv ex- pansion of existing industry, into the disposed properties is no longer under the control of the plant owners. Further, both the Litton/Sperry. and Comdial properties have little or no physical capacity for any significant on-site expansion, being limited bv existing building locations and coverage, parking constraints, and the configuration of properS' boun- daries. From a county-wide planning perspective, the land use analvsis found in the DISC Report (Chapter 3) actually contemplates the reduction in overall land areas which are now zoned for indusr~-, recognizing the potentials for and benefits of high density, mixed use development alterna- tives. Consolidation of Property Ownership: Subsequent to the 1996 Plan, there has been a consolidation and enhancement to the property ownership patterns. The Blockbuster parcel (TM 61W-3-24, 1.82-acres, Zoned C-l) and the Cleaners Plus Laundromat parcel (TM 61W-3-23, 0.64-acres, Zoned C-l) are currently designated Regional Service, but thev were not consolidated into the prior rezoning applicatior~s, leaving concerns for unattractive and uncoordinated corridor devel- opment as well as unmanaged access points to these proper- ties which adversely affected transportation flow. Through land acquisitio~, the applicant has been able to gain control of these tracts which, by virtue of their location and access configuration, have previously generated substantial "side The Town Center · 24 Comprehensive Plan Amendment · The Count. of Albemarle Opportunities for Implementation: The political at- mosphere for changes in the County's growth management program and zoning regulations represents a very distinct change in circumstances from that which existec~ in 1996. Arising from the DISC initiatives in the intervening years, there is now broad support for. the Neighborhood Model. With the Planning Commission's recent adoption of the Neighborhood Model, a strong case has been made for the Board of Supervisors to proceed with revisions to 'the zoning and subdivision ordinance. The Town Center, as well as other prospective New Urbanism projects in the Coun tv, can serve as excellent models for the conceptualization, drifting and testing of requisite ordinance changes. Towards this end, the applicant supports a public/private approach to- wards the drafting of such measures to ensure that an effec- tive mechanism is in place for the implementation of The Town Center's master plan. The Town Center · 2 7 Comprehensive Plan Amendment o The Coun .ty O. fAlbemarlc friction" and have diminished the traffic characteristics of the Hydraulic Road/Route 29 intersection. The applicant's acquisition and consolidation of the Blockbuster and Laun- dromat tracts, along with the recent purchase of the norther- lv 10-acre parcel, which provides access to Route 29N, will enable the elimination of direct arterial access from these smaller, segmented parcels and create opportunities for in- ter- and intra-parcel interconnectivity with the balance of Al- bemarle Corner's transportation improvements. Compatibility with the City'S Commercial Corridor Study: The City's "vision" for long-range planning for its entrance corridors has evolved since the adoption of the 1996 Com- prehensive Plan. In late 2000, the City of Charlottesville completed its "Commercial Corridor Study" which repre- sented the results of an "inclusive process of public partici- pation'' seeking to "enhance the economic efficiencies and ensure the best mix of propert?' uses for the City's commer- cial corridors." The City retained the County's DISC con- sultants, Torti Gallas/CHK, to undertake this effort. With a focus on the verv same New Urbanism precepts recom- mended bv the Countv's Neighborhood Model, the study recog-nizes ~he strong potential for a "gateway" project with mixed-use residential, retail and other high density uses on the subject property. The City's Emmet Street Plan depicts a future, grade separated urban roundabout-styled inter- change at Hvdraulic Road and Emmet Street with major "liner buildings" anchoring the northwest quadrant. The Town Center will establish a comparable plan for building orientation and an internal circulation system. Other important concepts advanced bv the Citv studv in- clude (a) advocacv for high-density infill projects, (b) alter- native routes for Seminole Trail, (c) streetscape improve- ments and traffic calming, (d) proactive coordination with the County and VDOT, and (e) appropriate levels of vehicu- lar and pedestrian interconnectivitv with established neigh- borhoods. The master plan for The Town Center comple- ments each of these concepts. The Town Center · 25 Comprehensive Plan Amendment · T/se County. of Albe~narle Concept of the "Super Block": Lastly, the concept of the "super block" within Neighborhood #! has emerged since the 1996 Plan. This particular application for Land Use Map amendment affirms the site's relationship with contiguous urban properties and opportunities for interconnectivitv. Ongoing planning for this "super block", as circumscribe~t by the land bounded by Route 29, Hydraulic Road, Com- monwealth Drive a,,n_d Greenbriar Drive, may rightfully em- brace~tong-range vision" for this strategic iand ~area ~hat is quite, different f~m what is delineated by ~he adopted Plan. A combination of factors has created this favorable change in circumstance: (1) the change in .ownership odeadjoining properties, (2) the evolving change in uses odeproperties in the block, (3) (4) the consolidation ode ownership and integration ode properties controlled by. the applicant, options .for transportation improvements which create avenues ode tnterconnectivitv /or The Tozon Center and the greater "super block', and (5) opportunities deor new contiguous transportation improve- ments which would benefit other corridor properties. Town Center · 26 Minutes from 10/9/02 Meeting Albemarle County Planning Commission October 9, 2001 CPA 01-04 Albemarle Place [Sperry]-The proposal seeks to amend Tax Map 61W Parcels 19A and 19B Corn prehensive Plan designation trom Industrial Service to Regional Service, to support an eventual rezoning from LI, Light Industrial, to PUD, Planned Unit Development, for the purposes of Creating a mixed residential, office, and commercial development. The properties consist of approximately 62.24 acres and are located in the Jack Jouett Magisterial District and in Neighborhood 1~ The properties are located west of Seminole Trail (Route 29 North Mr. Barnes presented the staff report. Mr. Rieley observed that the open space mapped was onlYthe public open space. He asked if Mr. Barnes had calculated the floor area ratio for this plan. Mr. Rooker said we would need to know how many stories each of the buildings are. Mr. Barnes said that what they were looking at was the total square footage of the open space. Mr. Rooker said you can't calculate the Floor Area of Buildings on this site from the information on this chart. Mr. Rieley said that would be interesting to know the next time this come up. Mr. Rooker stated that it's apparent there are many connected streets running into the area. Mr. Barnes said that an interesting question was where are the amenities in the form of a larger green space, that relate to this project. How can Whitewood Park and the MeadowCreek area come into play _ with this project? Mr. Rooker asked Mr. Barnes to indicate on the map the location of the streams. Mr. Rooker asked if there was some suggestion that the grade differential be eliminated by fill. Mr. Barnes replied that the site is close to grade. It's a question of the intensity and density of development driving that. Mr. Rooker said so the grade differential you refer to that creates the need for retaining walls is created by the development activity itself. Mr. Barnes replied that it was. He pointed out the grade changes on the map. Mr. Rooker said he thought we had done that on the Hollymead Town Center site, so we are not treating this in a unique way. Mr. Rooker said he thought it would be helpful to get an numerical comparison of the total square footage of development permitted with the current industrial zoning as compared with the requested rezoning. Mr. Finley asked how this development would effect the viability of the two industries. Mr. Barnes replied that there is a long list of justifications in the applicant's report. The company itself has sold the property. He is not sure what that means for the long-term viability of that industry. Mr. Finley is that what you mean when you say you think the viability of that industry might be affected. M r. Barnes replied that he looked at it a couple of different ways. First, does this industry need to expand, does it need to have a buffer, will it have an eventual need for that land. The plant itself sold the land off shows they do not envision needing it. Second, how do the two uses work together. Mr. Rooker said there are really have two different parcels of property. The parcel in between Comdial and Sperry remains contiguous to and in between two industrial uses. Mr. Barnes said that something to look at would be the potential of the site being developed for industrial uses in the near future. Mr. Finley said that in your background you talked about the possibility of establishing a regional center. What do you mean there when you say a regional center? Albemarle Place - Planning Commission Minutes from 10/9/02 Meeting 20 Exec. Summary and Attachments for 9/24/02 Meeting ATTACHMENT C-7 ATTACHMENT D-7 Albemarle Place - Exec. Summary and Attachments for 9/24/02 Meeting 111 Exec. Summary and Attachments for 9/24/02 Meeting ATTACHMENT E-7 ATTACHMENT F-7 Albemarle Place - Exec. Summary and Attachments for 9/24/02 Meeting 112