HomeMy WebLinkAbout2000-03-15 ACTIONS
Board of Supervisors Meeting of March 15, 2000
Mamh 20, 2000
AGENDA ITEM/ACTION
1. Call to order.
4. Others Matters Not Listed on the Agenda from the Public.
· The following people asked the Board to make
improvements to Route 20 South between Rt. 53 and the
entrance to Monticello High School (MHS) a high priority in
light of a recent fatal accident involving a MHS student:
Ms. Steele Howen, Assistant Principal of MHS;
Ms. Bonnie Stevens, parent of a student at MHS;
Ms. Casey Rotella, student at MHS (presented petition
signed by 400 people); and Dr. Charles M. Ward, Chairman
of the School Board.
5. Student Recognition Program. RECOGNIZED a dozen students
who will travel to Australia through the People to People
Program begun in the 1950's.
6.1 Proclamation recognizing March 22 through March 26, 2000 as
the Sixth Annual Virginia Festival of the Book. ADOPTED.
6.2 Appropriation: Sheriff's Office, $8,865 (Form #99062).
APPROVED. ,
6.3 Resolution granting $320,000 in eight annual installments to the
Jefferson Board for Aging for the Woods Edge Apartments
ADOPTED.
6.4 Draft Statement for VDoT's Primary Road Plan Pre-allocation
Hearing in Culpeper. APPROVED with change. (After
discussion, the Board moved priority item #4, the widening of Rt.
20S from 1-64 to Mill Creek Dr to Monticello High School
incorporating sidewalks and bike lanes into improvements, to
priority #2.)
6.5 Shenandoah Valley Juvenile Detention Center Commission
VVithdrawal Resolution and Agreement. APPROVED resolution
and agreement.
6.6 November 1999 Financial Report. APPROVED.
6.7 December 1999 Financial Report. APPROVED.
6.8 Prcciamation recognizing March, 2000 as National Professional
Social Work MOnth.
7. SP-99-68. Beverage Tractor & Equipment Co. (Sign ~68).
APPROVED with four conditions.
ASSIGNMENT
Meeting was called to order at 7:00 p.m., by the
Vice-Chairman. All BOS members present except
C. Martin.
Clerk: Laurie Bentley.
(See consent agenda item ~6.4.)
SP-99-76. Starlight Farm Bridge (Signs #80Q). APPROVED
with 6 conditions.
None.
Clerk: Forward signed proclamation to L. Catlin.
iAttachment A)
Clerk: Forward signed appropriation form to
M. Breeden, copying appropriate persons.
Clerk: Forward copy of signed resolution to JABA
(forwarded signed resolution to Woods Edge
representatives during the meeting). (Attachment
B)
B. Tucker: Ask for heightened traffic patrol in the
area.
Clerk: Send Board's final statement to legislators
prior to CTB meeting in April.
Clerk: Forward copy of signed resolution to County
Attorney (Attachment C).
County Attorney: Obtain signatures on agreement;
forward copy to Clerk·
None.
None.
Clerk: Forward signed proclamation to K. Ralston.
Attachment D)
Clerk: List conditions (attachment E).
8. SP-99-72. Mary Ruane (Signs #71H). APPROVED with 3 Clerk: Ust conditions (attachment E).
conditions.
9. Clerk: List conditions (attachment E).
· Other Matters not Listed on the Agenda from the BOARD.
Mr. Cilimberg said he had spoken with a Post Office
representative from the Richmond District Office regarding the
White Hall Post Office. He was advised that the County needs
11
W. Cilimbeq:l: Schedule meeting.
I t
o submit a request for a meeting in writing.
13, Adjourn to March 20, 2000, 1:00 p.m.
Attachment B
RESOLUTION OF FINANCIAL SUPPORT FOR WOODS EDGE APARTMENTS, A PROPOSED
TAX CREDIT AFFORDABLE HOUSING DEVELOPMENT FOR THE ELDERLY
WHEREAS, the elected and appointed off'=ials of Albemarle County believe there is a great need
for new affordable housing for the elderly in this community; and
WHEREAS, Fore Woods Edge L.L.L.P. will submit on or prior to March 17, 2000, an application
for 9% Housing Tax Credits to the Virginia Housing Development Authority ("VHDA") for
the development of Woods Edge Apartments for the elderly in Albemarle County; and
WHEREAS, the construction of Woods Edge Apartments and the allocation of federal housing tax
credits by VHDA for that development will help meet the housing needs and priorities of
Albemarle County; and
WHEREAS, one of the two general partners of this development is the Jefferson Area Board for
Aging, Inc. ("JABA"), our Area Agency on Aging which is widely recognized as a leader in
the provision of services to the elderly in this area; and
WHEREAS, the Board of Supervisors strongly endorses the allocation of the housing tax credits
requested by Fore Woods Edge L.L.L.P. for that development; and
WHEREAS, the Board of Supervisors wants to express formally its additional financial support
and commitment to this much needed affordable housing complexfor the elderly in
Albemarle County;
NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Albemarle,
Virginia:
The Board of Supervisors hereby approves a grant of Three Hundred Twenty Thousand Dollars
($320,000) to the Jefferson Area Board for Aging, Inc., to be used e~clusively for support of
Woods Edge Apartments for the elderly. The grant serves a very important public purpose by
increasing the affordability of Woods Edge Apartments for more elderly households in need of
decent new housing. The grant, comprising eight consecutive installments of Forty Thousand
Dollars ($40,000) each, would be subject to the County's annual appropriation. JABA and Fore
Woods Edge LLC, the two general partners of the Owner of the proposed Woods Edge
Apartments, have agreed that these funds will be used to reduce the rent directly paid by
residents in 24 of the development's apartments between $100-150 a month, thereby enabling
Woods Edge Apartments during this period to serve another segment of the local elderly
population which otherwise would not have the minimum income to qualify even at the affordable
projected rents. Furthermore, the two above-referenced general partners have agreed that the
balance of these funds remaining each year, if any, would be used to increase the affordability of
a limited number of additional units by reducing the rent directly paid by those residents by up to
$50 a month. The initial installment would be utilized starting in July, 2001, the scheduled first
year of operation~ of Woods Edge Apartments. This Resolution and agreement with the Owner
would no longer be effective if the above referenced application to VHDA does not receive a
reservation of housing tax cred its during this calendar year.
Attachment C
RESOLUTION
WHEREAS, the County of Albemarle is a member jurisdiction in the Blue Ridge Juvenile
Detention Commission (hereafter Blue Ridge); and
WHEREAS, Blue Ridge is constructing a juvenile detention facility in Albemarle County which will
be available for occupancy prior to July 1, 2002; and
WHEREAS, it is now timely to withdraw as a member from the Shenandoah Valley Juvenile
Detention Center Commission (hereafter Shenandoah); and
WHEREAS, it is necessary for the County to enter into an agreement with Shenandoah to
continue to use its facility until such time as the Blue Ridge facility is available for use.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Albemarle County,
Virginia hereby gives notice that Albemarle County requests to withdraw from the
Shenandoah Valley Juvenile Detention Center Commission effective April 1,2000.
BE IT FURTHER RESOLVED, that the County Executive is authorized to execute the attached
Agreement establishing the terms and conditions for the County to continue to use the
Shenandoah Juvenile Detention Center until the Blue Ridge Juvenile Detention facility is
available and establishing the terms, conditions and amount of the withdrawal payment
from the Shenandoah Juvenile Detention Center Commission to be paid to the County
upon the April 1, 2000 withdrawal.
Attachment D
National Professional Social IVork Month
March, 2000
WHEREAS,
the National Association qf Social Workers (NASW) initiated National Professional
Social Work Month in 1962 as a time to honor social workers and raise the public's
avcareness of the critical and often unappreciated and overlooked contribution thqy make
both to individuals and famities and to the wdI-being of the entire communify; and
WHEREAS, each year in March the National Association of Social Workers actively promotes this
month by educating the public on pressing social issues; and
Albemarle County citizens are ~,ell-served by the professional and compassionate services
of the County social workers that work on their behalf every day to increase self-
sufficienqy and promote human dignity; and
WHEREAS, County social workers are dedicated to helping people help themselves for the overall
betterment of all locat residents; and
WHEREAS, County social ~vorkers specifically ~thin the social services department are often called
upon to deal with dangerous and highly complex situations involving the lives of families;
NOW, THEREFORE, BE IT RESOLVED, that L Sally H. Thomas, Vice-Chairman, on behalf of
the Albemarle Board of County Supervisors, do hereby commend and offer sincere appreciation
to all social workers in Albemarle County for a job well done and recognize the month of
MARCH, 2000
As
National Professional Social Work Month
and call upon all County residents to join in acknowledging their public service and
contributions on this 15th day of March, 2000.
Attachment E (Planning Conditions)
SP-99-68 Bevera~le Tractor & Equipment
Conditions are as follows:
Items for display shall not be elevated;
Items for display shall be displayed only in the area indicated for display shown on the
plan labeled "Final Site Plan for Haffner Equipment Company" dated October 5, 1987,
with revisions dated January 22, 1988;
The following landscaping shall be added:
· Fifteen (15) Glossy Abelia, twenty-four (24) inches in height minimum at planting,
approximately eight (8) foot on center, in a staggered row, to complete the area
of screening shrubs shown on the previously approved site plan;
· Additional Glossy ^belia, twenty-four (24) inches in height minimum at planting,
approximately eight (8) foot on center, in a staggered row, along the east and
west sides of the proposed display area;
· Intersperse ornamental trees in the row of Scarlet Oak along Route 250;
· Add three (3) medium trees at the south end of the east side of the site forty (40)
feet on center, measured from the easternmost Scarlet Oak; and
Use shall not commence until a Certificate of Appropriateness is issued by the ARB for a
site plan amendment that satisfactorily addresses these conditions.
SP-99-72 Mary Ruane
Conditions are as follow:
No more than one (1) employee except for family members who reside on site;
No signs for the business shall be posted on the property;
Use shall comply with the following provisions of Section 4.14 of the Albemarle County
Zoning Ordinance:
5.2.2 Regulations Governing Home Occupations
Section 5.2.2 of the ordinance provides regulations for home
occupations. The regulations do not permit the total floor area of the
dwelling devoted to such occupation to exceed 25 percent of the floor
area of the dwelling or a maximum of 1,500 square feet, whichever is
less, unless waived, varied or modified by the Commission in accord with
Section 5.1 of the ordinance.
4.14.1.1 Method of Measurement
Nose shall be measured by means of a sound level meter and octave
band analyzer, calibrated in decibels (re 0.0002 microbar) and shall be
measured at the nearest lot line from which the noise level radiates.
4.14.1.2 Meaning of Terms
Decibel means a prescribed interval of sound frequencies which
classifies sound according to its pitch.
Area of Measurement
4.t4.3.t
At residential At other lot lines
Type of vibration district boundaries
Continuous .00
Impulsive (100 per .006
Minute or less)
Less than 8 pulses .015
Per 24 hours
Glare
within district
.015
.030
.075
4,14.4
4.14.5
4.14.6
4,14.7
No direct or sky reflected glare, whether from flood lights or from high
temperature processes such as combustion, welding or otherwise, so as
to be visible beyond the lot line, shall be permitted except for signs,
parking lot lighting and other lighting permitted by this ordinance or
required by any other applicable regulation, ordinance or law. However,
in the case of any operation which would affect adversely the navigation
or control of aircraft, the current regulations of the Federal Aviation
Administration shall apply.
Air Pollution
Rules of the State Air Pollution Control Board shall apply within
Albemarle County. Such rules and regulations include coverage of:
emission of smoke and other emissions from stationary sources;
particulate mater; odor; particulate emission from indirect heating
furnaces; open buming; incinerators; and gaseous pollutants.
Water Pollution
Rules of the State Water Control Board shall apply within Albemarle
County.
Radioactivity
There shall be no radioactivity emission which would be dangerous to
the health and safety of persons on or beyond the premises where such
radioactive material is used. Determination of existence of such danger
and the handling of radioactive materials, the discharge of such materials
into the atmosphere and streams and other water, and the disposal of
radioactive wastes shall be by reference to and in accordance with
applicable current regulations of the Department shall be by reference to
and in accordance with applicable current regulations of the Department
of Energy, and in the case of items which would affect aircraft navigation
or the control thereof, by applicable current regulations of the Federal
Aviation Administration, and any applicable laws enacted by the General
Assembly of the Commonwealth of Virginia or the requirements of the
Virginia Air Pollution Act, whichever is greater.
Electrical Interference
There shall be no electrical disturbance emanating from any lot which
would adversely affect the operation of any equipment on any other lot or
premises and in the case of any operation which would affect adversely
the navigation or control of aircraft, the current regulations of the Federal
Aviation Administration shall apply; and
No retail business shall be conducted on the site.
SP-99-76 Starlif:lht Farm Bridge
The bridge is for agricultural purposes only, and shall not serve as access for any
residential development, nor shall it serve through traffic between Route 760 and Route
813. The road on at least one side of the bridge shall remain chained or gated with a
lock at all times;
The applicant shall stabilize the bare ground along the entire roadway that this bridge
serves by vegetating the area as soon as possible, but no later than June 1, 2000. This
work will be bonded as required by the Engineering Department;
No modification to the bridge or roadway within the flood plain may be started until a
determination has been made by Engineering that the modification would not impair the
stream's ability to convey the 100-year flood. This requirement does not include routine
maintenance such as regrading the roadway surface, cleaning roadway ditches, or
replacement of damaged bridge members;
Should the bridge need repair or modification in the future, the applicant will notify the
County Engineer and consult on any proposed work. No disturbance is allowed within
the stream, except for removing debris, and any other disturbance in the immediate
stream buffer is limited to that work necessary to restore the bddge to its current level of
operation;
The applicant shall submit, and have approved by the Engineering Department, a stream
buffer mitigation plan that will provide consistency with Section 17.317 of the Albemarle
County Code. Upon approval of the stream buffer mitigation plan, the applicant shall
implement the mitigation measures in the plan without delay and no later than
June 1, 2000. This work will be bonded as required by the Engineering Department; and
Within 30 days of the granting of the special use permit, the applicant shall submit a Joint
Permit Application to the Virginia Madne Resources Commission for a permit to disturb
State waters associated with this bridge and shall cemply with any requirements related
to a permit issued for this bridge. Applicant shall provide the County's Department of
Engineering and Pubic Works a copy of anyPermit issued and shall coordinate through
the Department of Engineering and Pubic Works to assure this permit's conditions are
implemented. The special use permit only becomes active when the permit is granted.
Laurie Bentle?
From:
Sent:
To:
Subject:
Laude Bentley
Tuesday, March 21, 2000 2:47 PM
Amelia McCulley; Anne Gulati; Beverly Taylor; Bill Mawyer; Bob Tucker; Brenda Neitz; Bruce
Woodzell; Charles Martin; Charlotte Humphris; Dan Mahon; David Benish; David Bowerman;
Diane Mullins; Ella Carey; Jan Sprinkle; Janice Farrar; John Grady; Juandiego Wade; Kevin
Castner; Larry Davis; Laurie Bentley; Lee Catlin; Lindsay Dorder; Melvin Breeden; Michael
Thompson; Pat Mullaney; Richard Wood; Robert Walters; Roderick Burton; Roxanne White;
Sally Thomas; Scott Clark; Sharon Taylor; Steven AIIshouse; Walter Perkins; Wayne
Cilimberg
Action letter for 3/15/00
Attached is the action letter from the Board of Supervisors meeting of 3/:t5/00. Originals of attachments will
be forwarded to the appropriate individuals.
031500.ACTION
LETTER.DOC
Laurie Bentle)~
F rom:
Sent:
To:
Subject:
Laurie Bentley
Tuesday, March 21, 2000 3:49 PM
Amelia McCulley; Anne Gulati; Beverly Taylor; Bill Mawyer; Bob Tucker; Brenda Neitz; Bruce
Woodzell; Charles Martin; Charlotte Humphris; Dan Mahon; David Benish; David Bowerman;
Diane Mullins; Ella Carey; Jan Sprinkle; Janice Farrar; John Grady; Juandiego Wade; Kevin
Castner; Larry Davis; Laurie Bentley; Lee Catlin; Lindsay Dottier; Melvin Breeden; Michael
Thompson; Pat Mullaney; Richard Wood; Robert Walters; Roderick Burton; Roxanne White;
Sally Thomas; Scott Clark; Sharon Taylor; Steven AIIshouse; Walter Perkins; Wayne
Cilimberg
Revised Planning conditions to SP-99-72 (revised action letter of 3/15/00 attached)
]~ have resent the action letter of 3/15/00, because ]~ needed to correct the conditions of $P-99-72. Please
simply substitute the planning conditions for those sent previously (attachment E). Thank you.
Albemarle County
Resident Engineer
March 15, 2000
Dear Mrs., Tucker,
Please recontour 20 south from rt. 53 to independence way immediately. Please pro-dale two lanes
south from rt. 53 to independence way and add twelve foot shoulders along both the northbound and the
southbound lanes.
Decrease the speed with enforcement along the rt. 20 corridor from the James River to the
Charlottesville City line. Back fill the land west of the existing roadbed during the first week of May.
Please complete the project during the summer.
May the Angel who gathered Holli up into Heaven guide this process. May this action give
courage to Kapeka. May Grace be Mercy and Salvation.
Bonnie Stevens
20 South Petition
(In mc~mory of Holl~ C. Nash)
We, the students, faculty, and parents, of Monticello High School would like to see the
curves on 20 South, especially those near the school, made safer through the widening
and straightening of them. Due to the recent tragedy we feel this problem should be
taken care of immediately before another tragedy befalls us. 4~ ~ ^ cd ~
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20 South Petition
(In memory of Holly C. Nash)
We, the studems, faculty, and parents, of Momicello High School would like to see the
curves on 20 South, especially those near the school, made safer through the widening
and straightening of them. Due to the recent tragedy we feel this proble~,m .should be
taken care of immediately before3nother tragedy befalls us.~
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134.
March 15, 2000
ALBEMARLE COUNTY PUBLIC SCHOOLS
Office of the School Board
401 Mclntire Road
Charlottesville, Virginia 22902-4596
Dear Chairman, Albemarle County Board of Supervisors, and members of the
Board of Supervisors:
My name is Charles Ward, Resident of White Hall District and Chairman of the
School Board.
At our March 13, 2000 meeting, I voiced the following concern regarding the
recent traffic accidents on Route 20:
"I am very frustrated that we have had too many accidents on Route 20.
This tragedy, in addition to the accident with two other Monticello students,
is totally unacceptable. I would like to meet with the Police Chief and
anyone else to see what can be done to make Route 20 at and near
Monticello High School safer for our students, staff, and community. I've
worked on issues like this before (at Western Albemarle) with the Virginia
Department of Transportation, and they do respond to rationale, pragmatic
solutions."
There was School Board consensus to work with the Albemarle Police
Department, the Board of Supervisors, and anyone else on recommending a
solution to VDoT in improving the safety of this section of Route 20.
Thank you for your cooperation on this serious problem.
rely, /
Charles M. Ward
Chairman
CC;
Albemarle County School Board
Kevin C. Castner, Superintendent
"We Expect Success"
Please distribute copies of the
document to all members of the
County Board of Supervisors. It
attached
Albemarle
is a copy of
my speech from the March 8, 2000 public
hearing.
Thank you.
Stephanie Reynolds
Stephanie Gentry-Reynolds
5 Ridgeview Circle
Charlottesville, VA 22902
(804) 979-64.17
March 8, 2000
Dear Members of the Albemarle County Board of Supervisors:
My name is Stephanie Reynolds, and I teach 5th grade at Stone-Robinson Elementary
School. I would like to address two completely connected issues: the teacher shortage and teacher
compensation in Albemarle County.
First, some in our community feel the teacher stipends are a hearty supplement to our
pay. For example, in Mr. Carter's recent Observer column, he noted $727,000 for stipends in
the school budget. Keep in mind that there are about 1000 teachers in our school system. That
leaves only $727 per teacher.
Specifically, my stipend position as an elementary team leader takes about 160 hours
per school year. A list of my responsibilities is attached. I am paid $1000 a year for my
position. This amounts to $83.33 per month for 12 equal payments or $25 per week for 40
weeks before taxes are deducted. For the minimal estimate of 160 hours yearly, I am paid about
$6.25 per hour before tax deductions. I accepted this position for the benefit of my school and
its students. In monetary terms, it simPly does not pay.
Also, some in our community feel that looking at average salaries is adequate when
analyzing the pay scale. Albemarle County is blessed with an experienced teaching force. You've
seen the graph of the ages of our teachers and you know that many of them will soon be retiring.
The disproportionately high number of teachers between the ages of 47 and 52 not only creates
an upcoming demand for many replacements, but it also skews the average teacher salary. When
these teachers leave, our average pay will plummet. Averages don't recruit people, salaries do.
The Superintendent's proposed 4.25% increase still falls short of the compensation
consultant's recommended 5.7% increase. These compensation issues are directly related to the
teacher shortage. Not only do we have to keep our pay scale competitive at all levels to attract
and retain people who are currently teaching, but we also need to attract people into the teaching
profession in the first place.
We know that for children, the most important element in the classroom is the teacher.
Let's make sure teachers are fairly compensated for the important work they do, so that there
will always be quality teachers there to do it.
I am asking that you fully fund the school board's budget request so that we may address
compensation and other pressing school needs.
Thank you for your attention.
Stephanie Gentry-Reynolds
VIRGINIA FESTIVAL OF THE BOOK
WH RfAS,
Albemarle Counfy is committed to promoting reading, writing, and storytelling within
and outside its borders; and
WHEREAS,
our devotion to literacy and our support of literature has attracted oeer 1,000 nrriters
and tens of thousands of readers to our VIRGINIA FESTIVAL OF THE BOOK;
and
the VIRGINIA FESTIVAL OF THE BOOK celebrates the po~ver of books and
publishing; and
WHEREAS,
businesses, cultural and civic organizations, and individuals have contributed to the
ongoing success of the VIRGINIA FESTIVAL OF THE BOOK; and
WHEREAS,
the citizens of Albernarle and Virginia and the world have made the VIRGINIA
FESTIVAL OF THE BOOK the best book festival in the country;
NOW, THEREFORE,
L Sally H. Thomas, on behalf of the Albemarle Board of County
Supervisors, do hereby proclaim WEDNESDAY, MARCH 22, 2000
THROUGH SUNDAY, MARCH 26, 2000 as the Sixth Annual
VIRGINIA FESTIVAL OF THE BOOK
and encourage community members to participate fully in the Isride variety
of available events and activities.
Signed and sealed this l Sth day of March, 2000.
ALBEMARLE BOARD OF COUNTY SUPER VISORS
........... vD
' OF SUPERVISORS
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Appropriation - Sheriff's Office
SUBJECT/PROPOSAL/REQUEST:
Request approval of appropriation #99062 in the
amount of $8,865.00.
STAFF CONTACT(S):
Messrs. Tucker, Foley & Ms. Gulati
AGENDA DATE:
March 15, 2000
ACTION:
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
INFORMATION:
Yes
BACKGROUND:
The attached letter from Sheriff Ed Robb requests an additional $8,865 appropriation in the current fiscal year for
one-time operational needs. This request ($5,100) consists of funds to equip transport vehicles with audio and
video devices to improve safety and monitoring dudng the transport of prisoners to and from court. The other
major items are proposed to improve courtroom security through additional training for deputies ($2,000) and a
"stun belt" for prisoners while in court ($1,000). The "stun belt" is required because prisoners are not permitted
to be cuffed and shackled while they are in court. While one stun belt is currently shared between the City and
County, the Sheriff believes an additional belt is needed.
RECOMMENDATION:
Staff recommends approval of appropriation #99062 in the amount of $8,865 for the items requested.
BOARD OF SUPERVISORS
00.041
APPROPRIATION REQUEST
FISCAL YEAR: 99/00
NUMBER
99062
TYPE OF APPROPRIATION:
ADDITIONAL
TRANSFER
NEW
X
ADVERTISEMENT REQUIRED ?
YES
NO
X
FUND: GENERAL
PURPOSE OF APPROPRIATION: :
ONE TIME OPERATION SUPPLIES FOR SHERIFF'S OFFICE.
EXPENDITURE
CODE DESCRIPTION
1000 31020 601000 SHERIFF
AMOUNT
POLICE SUPPLES $8,865.00
TOTAL $8,865.00
REVENUE
CODE DESCRIPTION AMOUNT
1000 51000 510100 GENERAL FUND BALANCE $8,865.00
REQUESTING COST CENTER:
TOTAL $8,865.00
SHERIFF
APPROVALS:
DIRECTOR OF FINANCE
BOARD OF SUPERVISORS
SIGNATURE
DATE
MARCH 9, 2000
Fax:804-972-4065
8 '00
12:01
P. 02/02
COUNTY O]: ALBEMARLE
Office of the Sheriff
Albemarle County Cm~hou~e
410 East High Street
¢~harlotte~-viHe, V'w~inia 22902
March 8, 2000
Edgar S. Robi~
Sheriff
Telephone: 804-9~-4001
Fax #: 864-972-4065
To: Roxanne White: Tom Foley, Anne Gulati
Re: Meeting of Febmao' 1, 2000 at COB, 4 p.m.
I appreciate your k~d attention attd interest in thc finaucial matters lhcing the
Albemar!e Sheriffs of-floc at this time. As I indicated in our meeting, there are certain
immediate and emergency needs that must b~ met to insure om"mission. We znust
provide ~tfc a,nd ~ccure oourtroom~ for our judges and customers. I have also noted a
dcspcrat~ need to improve the security a.nd sa,f~ty of our deputes as they transport
prisoncm It is my opinion that I am facing increased Civil liability by not mecthlg th~se
needed requirements.
Deputies rnu~t have:
Pepper spray and holders
Handcuffs
Leg Irons
Waist Chains
"Stun Belt" tbr prisoners who are not
permitted to be cuffed or leg-shackled
Audio and video equipment for vans
Audio equipmant for ears
Courtroom and tr~sport security traitfing
$200.00
$200,00
$155.00
$ 90.00
$I000.00
$2400~00
$2700.00
$2000,00
Total $8865.00
Please let mo know of any questions and thanks/hr your help!
Ed Robb
COUNTY OF ALBEMARE- OF SUPERVISORS
EXECUTIVE SUMMARY
AGENDA TITLE:
Woods Edge Apartments
SUBJECT/PROPOSAL/REQUEST:
Request approval of resolution granting $320,000 in
eight annual installments to the Jefferson Board for
Aging for the Woods Edge Apartments, a 96 unit
apartment complex for the elderly.
STAFF CONTACT(S):
Tucker, White
AGENDA DATE:
March 15, 2000
ACTION:
CONSENT AGENDA:
ITEM NUMBER:
INFORMATION:
ACTION: X INFORMATION:
ATTACHMENTS:
REVIEWED BY:
Yes
BACKGROU ND:
At the March 1 Board meeting, Fore Woods Edge L.L.L.P and the Jefferson Board for Aging (JABA) requested
$320,000 for the Woods Edge Apartments, a 96 unit apartment complex for the elderly located near Mallside
Apartments in the Rio District. The proposal asked the County to commit $40,000 annually to JABA, beginning
in FY02, to be used to lower the rents by $100-$150 for 24 of the 96 units making them affordable to the 30%
to 50% of median income range elderly. The remaining 72 units will rent to the 50% median income range. At
the end of the 15-year period, JABA will have the option to purchase the property for the outstanding debt and
exit taxes.
The major thrust behind this request is the applicant's attempt to garner as many points as possible for their
March 17th competitive application for VHDA Low-Income Tax Credits. If approved, the County's $320,000
contribution will give the applicants an additional 10 points. If the project is not approved for the tax credits, the
project will not go forward and the County will not be obligated to grant the $320,000.
DISCUSSION:
There were three issues raised at the March l't Board meeting: 1) the required resolution to commit County
funds; 2) Albemarle County residency for the subsidized apartments; 3) assurance that the dollar value of the
grant would go directly to the residents.
1)
The attached resolution sets out the acknowledged need for affordable housing, the need to address the
housing needs of the growing elderly population and the terms of the agreement, which would provide
$320,000 in 8 annual installments to JABA to lower the rents on 24 of the 96 apartments. The applicant
understands that the grant is subject to the Board's annual appropriation process, which is clearly stated
in the resolution. Although it was determined that the County is legally able to loan funds to a for-profit
entity to develop or rehabilitate residential rental property, the short time frame does not allow the County
to go through the public advertisement and public hearing process for a loan. The resolution also stipulates
that the agreement will not be in effect if the application for tax credits is not approved during this calendar
year.
2)
Restricting tenants to Albemarle County residents creates several problems: 1 ) According to the VHDA
attorney, tax-exempt housing bond rules require residential rental property to be available for use by the
general public and a restriction for Albemarle County residents would conflict with this general public
requirement; 2) It would be difficult to determine who qualifies as an Albemarle County resident, i.e. how
AGENDA TITLE:
Woods Edge Apartments
March 15, 2000
Page 2
3)
long someone would need to reside in Albemarle County to qualify as a resident, a year, a month.
Restricting the subsidized apartments to Albemarle County residents, however, does not violate any fair
housing regulations, as long as a specific protected population is not being discriminated against.
The third concern was assuring that County dollars would be used "dollar-for-dollar" to benefit residents,
not the developer. Based on the proposed resolution and discussions with the applicant, all of the $40,000
annual grant would be used to buy down the rent by $100 to $150 on 24 apartments. For example with the
deepest subsidy of $150, a $500 dollar apartment would rent for $350. At an annual rent reduction of
$1,800, the $40,000 grant would directly subsidize approximately 22 units. Additionally, JABA and Fore
Properties have agreed that any balance of funds remaining each year would be used to lower the rents
on a number of additional units by approximately $50 per month. The owner would provide the County with
an annual report showing how the grant funds were used on a monthly basis, which would include the lease
rents for the apartments and the share of the rent paid by each household during that time frame.
RECOMMENDATION:
The attached resolution is being brought back to the Board for review and approval. The ForeWoods Edge L.L.L.P
must submit their application to VHDA by March 17th.
00,044
RESOLUTION OF FINANCIAL SUPPORT FOR WOODS EDGE APARTMENTS, A
PROPOSED TAX CREDIT AFFORDABLE HOUSING DEVELOPMENT FOR THE
ELDERLY
WHEREAS, the elected and appointed officials of Albemarle County believe there is a great
need for new affordable housing for the elderly in this community; and
WHEREAS, Fore Woods Edge L.L.L.P. will submit on or prior to March 17, 2000, an
application for nine percent Housing Tax Credits to the Virginia Housing Development
Authority ("VHDA") for the development of Woods Edge Apartments for the elderly in
Albemarle County; and
WHEREAS, the construction of Woods Edge Apartments and the allocation of federal housing
tax credits by VHDA for that development will help meet the housing needs and
priorities of Albemarle County; and
WHEREAS, one of the two general partners of this development is the Jefferson Area Board for
Aging, Inc. ("JABA"), our Area Agency on Aging which is widely recognized as a leader
in the provision of services to the elderly in this area; and
WHEREAS, the Board of Supervisors strongly endorses the allocation of the housing tax credits
requested by Fore Woods Edge L.L.L.P. for that development; and
WHEREAS, the Board of Supervisors wants to express formally its additional financial support
and commitment to this much needed affordable housing complex for the elderly in
Albemarle County;
NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of
Albemarle, Virginia, that:
The Board of Supervisors hereby approves a grant of Three Hundred Twenty
Thousand Dollars ($320,000) to the Jefferson Area Board for Aging, Inc., to be
used exclusively for support of Woods Edge Apartments for the elderly. The
grant serves a very important public purpose by increasing the affordability of
Woods Edge Apartments for more elderly households in need of decent new
housing. The grant, comprising eight consecutive installments of Forty Thousand
Dollars ($40,000) each, would be subject to the County's annual appropriation.
JABA and Fore Woods Edge LLC, the two general partners of the Owner of the
proposed Woods Edge Apartments, have agreed that these funds will be used to
reduce the rent directly paid by residents in 24 of the development's apartments
between $100-150 a month, thereby enabling Woods Edge Apartments during this
period to serve another segment of the local elderly population which otherwise
would not have the minimum income to qualify even at the affordable projected
rents. Furthermore, the two above-referenced general partners have agreed that
the balance of these funds remaining each year, if any, would be used to increase
the affordability of a limited number of additional units by reducing the rent
directly paid by those residents by up to $50 a month. The initial installment
RESOLUTION OF FINANCIAL SUPPORT, Page 2
would be would be utilized starting in July, 2001, the scheduled first year of
operation of Woods Edge Apartments. This Resolution and agreemem with the
Owner would no longer be effective if the above referenced application to VHDA
does not receive a reservation of housing tax credits during this calendar year.
Adopted this . 15th day of March, 2000.
Attested:
Clerk, Board of Supervisors ~
'¢ice-Ch~mn, Board of Supervisors
David P. Bowerman
Rio
Linc[say G. Don/er, Jr.
scottsville
Charlotte Y. Humphd$
· Jack .Jou~tt
COUNTY OF ALBEMARI_H
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 229024596
(804) 296-5843 FAX (804) 296-5800
Charles S. Martin
Rivanna
Walter E Perkins
White Hall
Sally H. Thorna,
March 21, 2000
Mr. Gordon Walker
Jefferson Area Board on Aging
674 Hillsdale Drive
Charlottesville, VA 22901
Dear Mr. Walker:
At its March 15, 2000 meeting, the Albemarle Board of County Supervisors adopted the attached
resolution granting $320,000 in eight annual installments to JABA for the Woods Edge Apartments.
Enclosure
Sincerely,
Laurel A. Bentley, C.M.C "
Senior Deputy Clerk
Printed on recycled paper
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Albemarle County Six Year Primary Road Improvement Plan
SU BJECTIPROPOSALIREQU EST:
Discussion of recommendation to be submitted to VDOT at its
Primary Road Plan Pre-Allocation Public Hearing in Culpeper
AGENDA DATE:
March 15, 2000
ACTION: X
ITEM NUMBER:
INFORMATION:
CONSENT AGENDA:
ACTION:
INFORMATION:
ATTACHMENTS: Yes
Messrs. Tucker, Foley, Cilimberg, Benish, Wade
BACKGROUND:
On April 4, 2000, the Virginia Department of Transportation (VDOT) will conduct its annual pre-allocation hearing in Culpeper
for improvements to the interstate and primary system for the Culpeper District. All roads with route numbers below 600 are
primary roads (i.e., Route 29, Route 250).
DISCUSSION:
The Six Year Primary Road Plan process differs from the Secondary Road Plan process in that a specific amount of funds are
set aside for secondary road projects in the County, whereas funds for primary roads projects are allocated for each
construction district, and all primary road projects proposed within all localities in the district compete for those funds. The
Culpeper District includes Albemarle, Culpeper, Fauquier, Fluvanna, Greene, Louisa, Madison, Orange and Rappahannock
Counties.
The purpose of this review process by the Board of Supervisors is to recommend which County projects to include in the
Primary Plan for the District #. Attachment A is a draft copy of the County's improvement priorities for the primary system for
the Culpeper District. This draft is based on the County's 1999 priority list.
Deletions from the 1999 Priorities can be found with a strikethrough and additions are underlined. Staff has not yet received
amendments to the enclosed statement from individual Board members. If you would like amendments incorporated prior to
Wednesday's meeting please let Planning staff know as soon as possible.
The major changes to the Priority List under each heading are:
Standard Projects:
1. The changes to this priority reflect the approved alignment for the Meadow Creek Parkway by the Commonwealth
Transportation Board. The statement also expresses the County's intent to create a linear park.
2. The changes to this priority emphasize that the County does not support a limited access design for the Albemarle County
section of the Route 29 North corridor.
Safety Improvement:
1. Staff added a priority to construct a pedestrian walkway on Route 240 in downtown Crozet.
OARD OF SUPERVISORS
AGENDA TITLE:
AGENDA DATE:
Page 2 of 2
Albemarle County Six Year Primary Road Improvement Plan
March 15, 2000
Enhancement Proiects:
1. Staff changed priority one of the enhancement projects to reflect the need to install sidewalks along Rt. 20
North. The County submitted a Transportation Equity Act of the 21st Century (TEA 21) Enhancement Grant Application for
this project this year.
6. Staff added priority #6 to reflect the TEA 21 Enhancement Grant Application the Town of Scottsville submitted this year for
streetscape improvements.
RECOMMENDATION:
Staff will modify this draft based on the Board's final comments for the April 4, 2000 VDOT hearing.
c: Angela Tucker
00.043
CHARLES D. NOI-DINGHAM
COMMISSIONER
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
1601 ORANGE ROAD
CULPEPER, VA 22701-3819
DONALD R. ASKEW
DISTRICT ADMINISTRATOR
March 6, 2000
Mr. Robert W. Tucker, Jr.
Albemarle County Executive
401 Mclntire Road
Charlottesville, Virginia 22902-4596
Dear Mr. Tucker:
The Culpeper District preallocation hearing will be held on Tuesday,
April 4, at 10:00 a.m. The purpose of this hearing is to solicit input on the
allocation of fiscal year 2000-2001 funds and on updating the Six-Year
Improvement Program for the interstate, primary, and urban systems.
SPeaking order will be as follows: Louisa, Madison, Orange,
Rappahannock, ~ Culpeper, Fauquier, Fluvanna and Greene.
Towns and cities w~"'~ilIT~ under the appropriate county.
The site of the Culpeper hearing is in the auditorium in the VDOT
District Office complex at 1601 Orange Road in Culpeper. Parking is
available to the left of the forked entrance, in what is called - "the pines."
· The most convenient building access is in the rear, across from the parking
area.
We look forward to seeing you on April 4.
Sincerely,
Donald R. Askew
District Administrator
wlr
WE KEEP VIRGINIA MOVING
VIRGINIA DEPARTMENT OF TRANSPORTATION 2000 SPRING
PRE-ALLOCATION MEETING FOR T~ INTERSTATE, PRIMARY, AND URBAN
SYSTEMS, AND FOR MASS TRANSIT
RECOMMENDED ALBEMARLE COUNTY PRIORITIES
The following addresses Albemarle County's priorities for each allocation of TEA-21 and each sub-
allocation of the Surface Transportation Program (STP) funds.
Surface Transportation Program (STP)
Standard Projects:
The following projects, listed in priority order, are eligible for STP funds not set aside. The County
supports these projects as referenced.
1)
Undertake those Charlottesville Area Transportation Study (CATS) projects eligible for the
primary program in sequence as called for in the February 2, 1992 joint resolution between
the City, County and University and agreed to by VDOT. In addition to Route 29
improvements already completed or currently planned, construct Meadow Creek Parkway
from the Route 250 Bypass to Route 29 North. The Parkway is the County's highest priority
project after the Route 29 improvements, and is of the utmost importance in order to maintain
an adequate level of service on Route 29 and to improve the overall roadway system serving
the urbanizing area north of the .City. The first phase of this project from the Route 250
Bypass to Rio Road is being funded in the County's secondary program. This project is being
planned as a low speed parkway in the City of Charlottesville, and the County asks that the
same design aspects be employed from Melbourne Road to Rio Road. In particular, the
County asks that this section designed within a linear park concept that replaces Mclntire
park land lost due tothe project and, at the same time, links Mclntire park to the Rivanna
Foundation trails along Meadow Creek and the County's urbanizing area along Rio Road. In
an effort to further this project, the County is also receiving funding within its Secondary
Priority Plan for planning and design of the Meadow Creek Parkway from Rio Road to Route
29 North. County staff is working closely with VDOT staff to get the design process
underway. However, it is not possible to construct this project within a reasonable timeframe
solely with secondary funding due to the cost and dramatic impact it will have on the timing
for completion of other important secondary projects. The County believes the Parkway will
meet the criteria for inclusion in the primary system. With the Commonwealth Transportation
Board's decision to eliminate the Route 29 interchanges, the County believes primary funds
should be redirected to the Parkway and wants to work with VDOT staff to evaluate
construction of subsequent phases as a primary road, provided it will accelerate the Parkway's
completion. For the 9th consecutive year the County urges VDOT to investigate all possible
funding sources, particularly primary road funds, to achieve the quickest construction of this
vitally important roadway. Other projects listed in CATS in the northern study area also
should be actively pursued and completed. These projects include the Airport Road
improvements and the Hillsdale Drive-Zan Road Connector. The County also supports any
initiatives to re-open consideration of the Route 29 interchanges at Hydraulic Rd., Greenbrier
Dr. and Rio Rd., possibly under modified design concepts.
2)
Complete preliminary engineering and undertake the widening of Route 20 South from 1-64
to Mill Creek Dr. Incorporate sidewalks and bike lane facilities into these improvements.
This is a curvy section of road in the County's Urban Area that serves the traffic from
Monticello High School and has experienced several accidents with fatalities recently. While
this has historically been aproject lower on the County's priority list, its priority has greatly
increased due to these recent events.
3)
The County is closely following the Route 29 Corridor Study. The Route 29 Phase I Corridor
Study recommendations were forwarded to the Commonwealth Transportation Board in 1996
with the County's endorsement. The recommendations emphasized use of an access
management approach in lieu of a limited access road design. The County feels these
recommendations should be the basis in developing plans for the third phase of the Route 29
widening project from the South Fork of the Rivanna River to the Airport/Proffit Road
intersection. County staff comments on the preliminary plans for this section of road have
consistently supported this approach in lieu of a limited access design. The Route 29 Phases
II and III Corridor Study continues. The County appreciates efforts that have been made in
this process to receive public input. Again, the County does not support a limited access
design for the Albemarle County section of the corridor. The County continues to hope that
the study will be truly multi-modal in scope and give particular consideration to the benefits
of rail service to the corridor.
4)
The County supports the funding of the TransDominion Express and recommends that it be
seriously considered as a multi-modal means to address the issues and recommendations
identified in the Route 29 Phase I Corridor Study and being considered in the Route 29
Phases II and III Corridor Study.
2
5)
Undertake road projects adjacent to the Route 29 North Corridor that will relieve traffic on
Route 29 by providing better service to local traffic. Such projects include the Hillsdale
Drive-Zan Road Connector and new roads parallel to Route 29 between the South Fork
Rivalma River and Airport Road/Proffit Road that would be built in conjunction with the
Route 29 widening project.
6)
Incorporate sidewalks and bike lane facilities into all parallel street improvements associated
with the Route 29 improvements from the South Fork of the Rivanna River to Airport
Road/Profit Road.
7)
Widen Route 250 west from Emmet Street to the Route 29/250 Bypass. This section is
covered by a joint design study by the City, County and University of Virginia and was
recognized for improvement in the Lewis Mountain Neighborhood Study. The joint study
should be used as a guide in developing the widening plans. The remaining portion of Rt. 250
West to Yancey Mills (the 1-64/250 interchange) has been under study by VDOT with a local
advisory committee to determine long term needs for this road. The Board of Supervisors
received the final report at its March, 2000 day meeting and will review the final
recommendations of this study, at its April, 2000 day meeting. VDOT is also completing a
similar study of Rt. 250 East from Free Bridge to the Fluvanna County line. The County
supports and appreciates this effort and encourages continued public participation and
consideration of recommendations.
s)
Finish the VDOT corridor study of Route 240 in Crozet and improve Route 240 in accord
with County recommendations regarding .this study.
Undertake improvements of Fontaine Avenue from Jefferson Park Avenue to the
improvements along the frontage of the University Real Estate Foundation development. The
County supports the recommendations identified by the Fontaine Avenue Task Force.
10)
Undertake the widening of Route 20 North from north of Route 250 East to Elks Dr./Fontana
Dr. Incorporate sidewalks and bike lane facilities into these improvements.
11)
Recognize that mass transit can relieve traffic congestion and is an alternative to road
construction, particularly in more densely developed urban areas, and shii~ funds from road
construction into mass transit to accomplish this.
Safety Improvements:
Several projects in the County seem to qualify under this 10% set-aside. They are, in priority order:
1)
Construct pedestrian walkways along various primary routes within the County's Urban
Neighborhoods. Absent the incorporation of such road walkways into full road
widening/improvement projects, the following road sections are priorities for pedestrian
walkways: I) Route 20 North from Route 250 East to Wilton Farm Apartments and Darden
Towe Park; 2) Route 20 South from the City line to Mill Creek Drive; 3) along Route 250
East in the Pantops area as an extension to existing sidewalks; 4) along Route 250 West from
the City limits to the Bypass; and, 5) Route 240 in "downtown" Crozet. Of these, the
walkways along Route 20 North are the most important improvement. Pedestrian travel
along this road has increased significantly with the development in that area. Furthermore,
Wilton Farms Apartments are now served by public bus service which travels along Route 20
North and a walkway would provide additional pedestrian access to this service. There is
great concern with the safety of walking along this segment of road as currently constructed.
2)
Installation of traffic signals at Route 22 and Route 250 and the 1-64 interchange ramps at
Fifth Street.
3)
Improvements to Route 250 West along the business corridor in Ivy (from just east of the
intersection of Route 637 to just west of the intersection of Route 678) to address existing
and short-term traffic circulation problems, including access to developed properties in this
area. These improvements should be undertaken in accordance with recommendations
approved by the Board of Supervisors in the Route 250 West Corridor Study.
4) Improvements to the Route 240 underpass at the CSX Railroad tracks in Crozet.
5) Functional plans for Route 20 North and South for alignment improvements.
6)
Functional plans, including an analysis of possible safety improvements, for Routes 22 and
231. The County remains concerned with overall public safety as it relates to traffic created
by large tracks along these road segments, and encourages VDOT to consider all appropriate
measures to ensure that trucks travel safely along these roadways in the future. Restriction
of through truck traffic is still considered by the County to be the most effective measure.
Enhancement Projects:
Several projects appear to be eligible for enhancement funds. They are, in priority order:
1) Construction of pedestrian walkways along Route 20 North.
2)
Beautification of entrance corridors (particularly Route 20, 29 and Route 250) and Airport
Road connecting Route 29 and the Charlottesville/Albemarle Airport - landscaping, signage,
placement of overhead utilities underground, etc.
3)
Completion of the Thomas Jefferson Memorial Foundation trail project between the
Monticello Vistors Center and Monticello.
4)
Construction of bikeway facilities as prioritized in the Bicycle Plan for the City of
Charlottesville and Albemarle County (adopted by the Board of Supervisors as an element of
the Comprehensive Plan on July 17, 1991).
5) Development of portions of the Rivanna River Greenway path system.
6) Beautification of streets in Scottsville through the Scottsville Streetscape project.
7) Removal of non-conforming billboards.
National Highway System (NHS)
The Charlottesville-Albemarle MPO Policy Board approved the NHS as proposed by VDOT in this
area excluding the Route 29 Bypass. The Federal Highway Administration (FHWA) has approved
the NHS, which includes the existing Route 29, and the Route 29 Bypass. The County's highest
priority project in the proposed NHS is the completion of the widening of Route 29 North from the
South Fork of the Rivanna River to Airport Road. The County desires to continue active participation
in Route 29 Corridor studies, including the Route 29 Corridor Study south of Charlottesville, which
is currently underway. The County will monitor the progress and recommendations of the Route 29
Corridor Studies, which are part of the NHS (additional information is provided under Standard
Projects #2).
Congestion Mitigation and Air Quality Improvement Program
5
This does not apply to Albemarle County. The County is not in an area of non-attainment for ozone
or carbon monoxide.
David R Bowerman
Rio
Lindsay G. Dorrier, Jr.
Charlotte Y. Hurnphds
Jack Jouett
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5843 FAX (8041 296-5800
Charles S. Martin
Rivanna
Walter F. Perkins
White Hall
Sally H. Thomas
Samuel Miller
March 22, 2000
The Honorable Mitchell Van Yahres
223 West Main Street
Charlottesville VA 22902
Dear Delegate Van Yahres;
At its March 15, 2000 meeting, the Board of Albemarle County Supervisors approved the
attached Six Year Primary Road Improvement Plan recommendations to be presented to the
Virginia Department of Transportation at its annual pre-allocation hearing in Culpeper.
Sincerely,
Laurel A. Bentley, C.M.C. 0
Senior Deputy Clerk
Attachment
Printed on recycled paper
David R Bowerman
Rio
Lindsay G. Dorrier, Jr.
Charlotte Y. Humphfis
Jack Jouett
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5843 FAX (804) 296-5800
Charles S. Martin
Walter E Perkins
White Hall
Sally H. Thomas
Samuel Miller
March 22, 2000
The Honorable Paul C. Harris
P.O. Box 1276
Charlottesville, VA 22902
Dear Delegate Harris:
At its March 15, 2000 meeting, the Board of Albemarle County Supervisors approved the
attached Six Year Primary Road Improvement Plan recommendations to be presented to the
Virginia Department of Transportation at its annual pre-allocation hearing 'n Culpeper.
Sincerely,
Laurel A. Bentley, C.M.C.
Senior Deputy Clerk
Attachment
Printed on recycled paper
David R Bowerman
Rio
LindsaY (3. Dottier, ,Jr.
Scottsvil]e
Charlotte Y. Humphris
Jack Jouet~
COUNTY' OF ALBEMARLE
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5843 FAX (804) 296-5800
Charles S. Martin
R/vanna
Walter E Perkins
White Hall
Sally H. Thomas
Samuel Miller
March 22, 2000
The Honorable Emily Couric
P.O. Box 5462
Charlottesville, VA 22905
Dear Senator Couric:
At its March 15, 2000'meeting, the Board of Albemarle County Supervisors approved the
attached Six Year Primary Road Improvement Plan recommendations to be presented to the
Virginia Department of Transportation at its annual pre-allocation hearing in Culpeper.
Sincerely,
Laurel ^. Bentley,
Senior Deputy Clerk
Attachment
Printed on recycled paper
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Shenandoah Valley Juvenile Detention Center Commission
Withdrawal Resolution and Agreement
SU BJ ECT/PROPOSAL/REQU EST:
Request approval of resolution and agreement that set out
the terms and conditions of the County's withdrawal from the
Shenandoah Valley Juvenile Detention Center Commission.
STAFF CONTACT(S):
Tucker, White, Davis
AGENDA DATE:
March 15, 2000
ACTION:
CONSENT AGENDA:
ACTION: X
ATTACHMENTS:
REVIEWED BY:
BACKGROUND:
ITEM NUMBER:
INFORMATION:
INFORMATION:
Yes
As a member of the Blue Ridge Juvenile Detention Commission and in preparation for the opening of our own detention
facility in the fall of 2001, the County must withdraw from current membership in the Shenandoah Valley Juvenile Detention
Center Commission. The attached Agreement and Resolution establish the terms and conditions under which the County
agrees to withdraw effective April 1.
DISCUSSION:
The County and City have. decided to withdraw at this time from the Shenandoah Commission for several reasons. The
major reason is obviously that the 'County needs to terminate our membership in the Shenandoah Commission, since we
are now members of the Blue Ridge Juvenile Detention Commission and have our own financial and contractual obligations.
Secondly, Shenandoah is about to enter into some long-term financing arrangements for their own new facility to be built
in Augusta County in 2002 and the County does not wish to be tied into any legal and contractual arrangements for a facility
of which we will have no part. Since Shenandoah will begin financing arrangements for their new facility this spring, April
1st seemed to be the most propitious time to withdraw.
Th e withdrawal agreement sets out the following conditions:
> The Shenandoah Valley Juvenile Detention Center Commission agrees to lease available bed space to the County at
member per diem rates until our own facility is open or through July 1,2002 whichever is sooner;
> The County shall be paid a withdrawal payment based on the Commission's by-laws, which state that upon such
termination" the average percentage of that participant's utilization of the total of all the participant's utilization for the
previous five complete fiscal years will be determined. This percentage will be applied to unrestricted retained earnings
at the end of the most recent fiscal year, as per audited financial statements, to calculate a one-time payment to the
withdrawing locality."
Based on the Commission by-laws we should receive approximately 16.7% percent (based on our five-year participation)
of the unrestricted earnings as of July 1, 1999, which should be equal to approximately $65,313. However, since we are
withdrawing April 1, we have agreed to receive our same percentage based on the unrestricted retained earnings as of April
1,2000, since funds from the retained earnings have already been used to Albemarle's benefit since July 1% The final
withdrawal payment, based on the April 1st audit, is expected to be approximately $36,740.
The attached resolution states Albemarle County's resolve to withdraw membership in the Shenandoah Valley Juvenile
Detention Center Commission and gives the County Executive the authority to execute the agreement.
RECOMMENDATION:
Staff recommends approval of the attached resolution and agreement, which state the terms and conditions of the County's
withdrawal from the Shenandoah Valley Juvenile Detention Center Commission effective April 1.
00.045
BOARD OF SUPERVISORS
RESOLUTION
WHEREAS, the County of Albemarle is a member jurisdiction in the Blue Ridge
Juvenile Detention Commission (hereafter Blue Ridge); and
WHEREAS, Blue Ridge is constructing a juvenile detention facility in Albemarle County
Which will be available for occupancy prior to July 1, 2002; and
WHEREAS, it is now timely to withdraw as a member from the Shenandoah Valley
Juvenile Detention Center Commission (hereafter Shenandoah); and
WHEREAS, it is necessary for the County to enter into an agreement with Shenandoah
to continUe to use its facility until such time as the Blue Ridge facility is available
for use.
NOW,
THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Albemarle
County, Virginia hereby gives notice that Albemarle County requests to withdraw
from the Shenandoah Valley Juvenile Detention Center CommiSsion effective
April 1, 2000.
BE IT
FURTHER RESOLVED, that the County Executive is authorized to execute the
attached Agreement establishing the terms and conditions for the County to
continue to use the Shenandoah Juvenile Detention Center until the Blue Ridge
Juvenile Detention facility is available and establishing the terms, conditions and
amount of the withdrawal payment from the Shenandoah Juvenile Detention
Center Commission to be paid to the County upon the April 1, 2000 withdrawal.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct
copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by
vote of 5 to 0 on March 15, 2000.
Clerk, Board of County Supe~sors
AGREEMENT
THIS AGREEMENT (this "Agreement") is made this 28 day of March ., 2000,
among the Shenandoah Valley Juvenile DetentiOn Center Commission (the "Commission"), and
the County of Albemarle (the "County").
Recitals
A. The County is a member of the Commission pursuant to the Commission's
Bylaws and applicable law.
B. The County has indicated an intent to withdraw as a member of the Commission,
effective April 1, 2000.
C. This Agreement sets forth the intentions of the CommisSion and the County in the
event of such cessation of membership.
Agreement
1. Lease of Detention Home Bed Space. On and after April 1, 2000 (or if later, the
date of withdrawal from the Commission by the County in accordance with the Commission's
Bylaws), the Commission agrees to lease available bed space to the County, and the County
agrees to lease available bed space from the Commission on and subject to the terms and
limitations contained in the Lease Agreement for Member Jurisdictions attached as Exhibit A
and incorporated herein by this reference (except for the last sentence of Section'2(a) and the last
sentence of Section 3(b)(ii), which are not incorporated herein) (the "Lease"), as if the County
was a member jurisdiction. The Commission's obligation pursuant to this paragraph shall expire
on the earlier of: (a) July 1, 2002, or (b) the date of opening of the detention home facility to be
constructed within jurisdictional boundaries of the City of Charlottesville or the County.
Notwithstanding anything to the contrary in this Agreement, the Commission has no obligation
to make bed space available to the County if the County is in default of its obligations or is
delinquent in any payments due the Commission.
2. Withdrawal Payment. Upon withdrawal from the Commission and termination of
the Lease, the County shall be paid a withdrawal payment by the Commission in an amount to be
determined in accordance with the Commission's Bylaws, except that (a) the date for
determining the mount of the Commission's "unrestricted retained earnings" on which the
payment is based shall be April 1, 2000, and (b) the amount of"unrestricted retained earnings"
on April 1, 2000 shall be determined by an independent audit of the Commission's records, at the
Commission' s expense.
3. Nonappropriation. The obligation of the County to lease bed space pursuant to
this Agreement is subject to and dependent upon appropriations being made from time to time by
the governing body of the County, as more particularly described in the Lease.
4. Severability of Invalid Provisions. If any clause, provision or section of this
Agreement is held to be illegal or invalid by any court of competent jurisdiction, the invalidity of
the clause, provision or section will not affect any of the remaining clauses, provisions or
sections of this Agreement, and this Agreement will be construed and enforced as if the illegal or
invalid clause, provision or section was not contained in it.
5. Notices. Any notice or other communication in connection with this Agreement
shall be in writing and delivered in accordance with the notice provisions set forth in the Lease,
provided that only the Commission and the County are entitled to notice hereunder.
6. Governing Law. This Agreement shall be construed and enforced in accordance
with the laws of the Commonwealth of Virginia.
7. Entire Agreement; Amendments. This Agreement, together with the Lease,
constitutes the entire agreement of the parties with regard to its subject matter, subject to the
Commission's Bylaws, and may be amended only by written amendment executed by both
parties and approved by a resolution adopted by the governing body of the County and the
Commission.
8. Effective Date. This Agreement shall only be effective upon approval by
resolution of the governing bodies of the County and the Commission and its members. Each
party agrees to provide notice of such approval to the other on or before April 1, 2000.
9. Counterparts. This Agreement may be executed in any number of counterparts,
all of which together shall constitute one and the same original.
Commission:
SHENANDOAH VALLEY JUVENILE
DETENTION CENTER COMMISSION
Title:.)~,~ ~, ~ Z,Z~'~'zSP,-,.,v 7~
ATTEST:
County:
APPROVED AS TO FORM:
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~mar~ounty Attorney
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGEN DA TITLE:
November 1999 Financial Report
SUBJECT/PROPOSALIREQUEST:
November 1999 Financial Report for the General, School,
and Capital Funds
STAFF CONTACT(S):
Tucker, White, Gulati, Breeden, Walters
AGENDA DATE:
March 15, 2000
ACTION:
CONSENT AGENDA:
ITEM NUMBER:
INFORMATION:
ACTION: X INFORMATION:
BACKGROUND:
ATTACHMENTS:
,REVIEWED BY:
Yes
Attached are the November 30, 1999 Monthly Financial Reports for the General, School, and Capital Funds.
General Fund revenue projections were revised as part of the 2000/2001 budget process. Car tax revenues from the state
are classified as local revenues where budgeted, not state revenues where received, for comparison purposes.
General Fund expenditure projections have not been revised at this time.
Education revenue projections have not been revised at this time.
Education expenditure projections reflect a 7.5%, $453,125, operating expense holdback, net compensation adjustment.
RECOMMENDATION:
Staff recommends acceptance of the November 1999 Financial Report.
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December 1999 Financial Report
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December 1999 Financial Report for the General, School,
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STAFF CONTACT(S):
Mss. White, Gulati, Messrs. Tucker, Breeden, Walters
AGENDA DATE:
ITEM NUMBER:
March 15, 2000 ,~
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS:
REVIEWED BY:
Yes
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BACKGROUND:
Attached are the December 31, 1999 Monthly Financial Reports for the General, School, and Capital Funds.
General Fund revenue projections were revised as part of the 2000/2001 budget process. Car tax revenues from the state
are classified as local revenues where budgeted, not state revenues where received, for comparison purposes.
General Fund expenditure projections have not ~een revised at this time.
Education revenue projections have not been revised at this time.
Education expenditure projections reflect a 7.5%, $453,125, operating expense holdback, net compensation adjustment.
RECOMMENDATION:
Staff recommends acceptance of the December 1999 Financial Report.
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February 17, 2000
COUNTY OF ALBEMARLE
Department o£Planning & Community Development
401 McIntire Road, Room 218
Charlottesville, Virginia 22902-4596
(804) 296 - 5823
Fax (804) 972 - 4035
Alan Dillard, Jr
1000 River Road
Charlottesville, VA 22901
SP-99-68 Beverage Tractor & Equipment
Tax Map 79, Parcel 4P
Dear Mr. Dillard:
The Albemarle County Planning Commission, at its meeting on February 15, 2000, unanimously
recommended approval of the above-noted petition to the Board of Supervisors. Please note that
this approval is subject to the following conditions:
1. Items for display shall not be elevated.
Items for display shall be displayed only in the area indicated for display shown on the plan
labeled "Final Site Plan for Haffner Equipment Company" dated October 5, 1987, with revisions
dated January 22, 1988.
The following landscaping shall be added:
15 Glossy Abelia. 24" in height minimum at planting, approximately 8' on center, in a
staggered row, to complete the area of screening shrubs shown on the previously approved
site plan
· Additional Glossy Abelia, 24" in height minimum at planting, approximately 8' on center,
in a staggered row, along the east and west sides of the proposed display area
· Intersperse ornamental trees in the row of Scarlet Oak along Route 250
· Add 3 medium trees at the south end of the east side of the site, 40' on center, measured from
the easternmost Scarlet Oak
4. Use shall not commence until a Certificate of Appropriatene'ss is issued by the ARB for a site
plan amendment that satisfactorily addresses these conditions.
BOARD OF SUPERVISORS
Page 2
February 17, 2000
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on March 15, 2000. 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,
Margaret M. M. Pickart
Design Planner
MMMP/jcf
Cc~
Ella Carey
Jack Kelsey
Bob Ball
Amelia McCulley
Steve Allshouse
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Margaret M.M. Pickart
February 15, 2000
March 15, 2000
SP-99-68 BEVERAGE TRACTOR AND EQUIPMENT COMPANY OUTDOOR DISPLAY
Applicant's Proposal: The applicant proposes to display farm equipment in a 6000 sf space located at the
front of the property that is situated at the northeast comer of the intersection of Route 250 East and Hunter's
Way. A site plan delineating the proposed display area is included as Attachment C.
Petition: Request for special use permit to allow outdoor display and storage of farm equipment in accordance
with Section 30.6.3.2(b) of the Zoning Ordinance, which allows for outdoor storage, display, and sales in the
Entrance Corridors. The property, described as Tax Map 79 Parcel 4P, contains 2.56 acres, and is located in
the Rivanna Magisterial District on Richmond Road (Route 250 E) at the northeast comer of the intersection
with Hunter's Way (Route #1146). The property is zoned Highway Commercial (HC) and Entrance Corridor
(EC). The Comprehensive Plan designates this property as Rural Area 2. (See Attachments A and B for
Location and Tax Maps.)
Character of the Area: The site is already developed and the proposed display area was previously used for
the display of farm equipment. The site includes a 7200 sf building, a parking lot in front of the building, a
grass area between the parking lot and the road, a parking area behind the building, and planted areas at the
rear of the site. Parcels to the east, west, and north are commercially developed. The south side of Route 250
in the immediate area is undeveloped farm land.
RECOMMENDATION:
Staff has reviewed this request for compliance with the provisions of the Comprehensive Plan and Zoning
Ordinance Sections 31.2.4.1 and 30.6.3.2.b, and recommends approval of SP 99-68, subject to conditions.
Planning and Zoning History,:
Summary: The original site plan for this site includes an approved outdoor display area. The plan was
approved prior to the establishment of' Entrance Corridor Overlay Districts in the County; consequently, a
special use permit was not required at that time. The outdoor display use has been discontinued for more than
two years. A special use permit is now required to bring the use into conformance. The previously approved
site plan illustrates the display area that is currently being proposed. However, existing site conditions do not
match the approved site plan, particularly regarding landscaping.
November 24, 1987: SDP-87-66: Haffner Equipment Company Preliminary Site Plan. Proposal to build a
7200 sf 1-story building to be used for the sale and repair of farm machinery and equipment, with a 6000 sf
outdoor display area for tractors and other small engine machinery for sale. Unanimously approved subject
to conditions, including "provision of screening shrubs at the front of the outdoor display area in accordance
with Sections 32.7.9.8 a-c."
February 4, 1988: SDP-88-13: Haffner Equipment Company Final Site Plan: Administratively Approved.
January 4, 2000: ARB-P(SDP)-99-39: Beverage Tractor & Equipment Company Display: The ARB
recommended approval of the Special Use Permit subject to conditions. (See Attachment D.)
January 7, 2000: Notice of Official Determination of Violation: The Department of Building Code and
Zoning Services issued a violation letter following staff's discovery that existing site conditions do not match
the approved site plan. (See Attachment E.)
Comprehensive Plan: The Comprehensive Plan shows this property as part of Rural Area 2.
STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance:
The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted
hereunder. Special use permits for uses as provided in this ordinance may be issued upon a findin~ by the
Board of Supervisors that such use will not be of substantial detriment to adiacent property,
It is anticipated that the display of small farm eqmpment will have no negative impact on the surrounding uses
or on the site itself, due to the existing use of the property and the existing development of adjacent and nearby
properties. Farm equipment has been displayed at this site in the past.
that the character of the district will not be changed thereby,
It is anticipated that the proposed use will not change the character of the district for the following reasons:
· There is commercial activity on adjacent properties.
· The general character of the immediate area is a combination of commercial development and farm land.
· The display area is limited in size, and the topography helps limit visibility.
· Recommended additional landscaping will help limit visibility of the display from the road.
The potential impact of the use on the character of the district has been addressed by the ARB. The ARB has
recommended conditions of approval (Attachment D). Those conditions are incorporated into the
recommended conditions of approval for this special use permit.
and that such use will be in harmony with the purpose and intent of this ordinance,
Staffhas reviewed this request for compliance with the purpose and intent of the Zoning Ordinance and the
EC Overlay District. With the incorporation of the recommendations of the ARB, this use would be in
harmony with the purpose and intent of the EC district.
with the uses permitted by right in the district,
The proposed display use will not restrict permitted uses on adjacent property. The proposed use is similar
to other uses permitted by right in this district.
with additional regulations provided in Section 5.0 of this ordinance,
There are no additional regulations in Section 5.0 specifically addressing the display of vehicles.
and with the public health, safety and general welfare.
It is not anticipated that the proposed use will negatively impact the public health, safety, and/or welfare.
SUMMARY:
This use is by special use permit due to the use of outdoor storage and display of farm equipment in the
Entrance Corridor. The Architectural Review Board has reviewed the request. Their action, which is included
as Attachment D, recommended approval of the proposed use, subject to conditions. Staffopinion is that the
expanded use will have minimal impact on the district, if the ARB's conditions are satisfied. Consequently,
staff finds that with the ARB's approval of a Certificate of Appropriateness, this use is consistent with the
intent of the Zoning Ordinance and the Comprehensive Plan, and staff recommends approval of SP-99-68
subject to conditions.
RECOMMENDED ACTION:
Staff recommends approval of SP-99-68 subject to the following conditions:
1. Items for display shall not be elevated.
2. Items for display shall be displayed only in the area indicated for display shown on the plan labeled "Final
Site Plan for Haffner Equipment Company" dated October 5, 1987, with revisions dated January 22, 1988.
3. The following landscaping shall be added:
· 15 Glossy Abelia, 24" in height minimum at planting, approximately 8' on center, in a staggered row,
to complete the area of screening shrubs shown on the previously approved site plan
· Additional Glossy Abelia, 24" in height minimum at planting, approximately 8' on center, in a
staggered row, along the east and west sides of the proposed display area
· Intersperse ornamental trees in the row of Scarlet Oak along Route 250
· Add 3 medium trees at the south end of the east side of the site, 40' on center, measured from the
easternmost Scarlet Oak
4. Use shall not commence until a Certificate of Appropriateness is issued by the ARB for a site plan
amendment that satisfactorily addresses these conditions.
ATTACHMENTS:
A - Location Map
B - Tax Map
C - Site Plan Delineating Display Parking Area
D - Architectural Review Board Action Letter
E - Violation Letter
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· ATTACHMENT D
PAGE 1
January 12, 2000
COUNTY OF ALBEMARLE
Department of Planning & Community Development
401 Mclntire Road. Room 2l g
Charlottesville; Virginia 22902-4596
(804) 296 - 5823
Fax [804) 972 - 4035
Allan Dillard, Jr
1000 River Road
Charlottesville. VA 22901
RE: ARB-P(SDP)-99-39 Beverly Tractor & Equipment Company Display
Tax Map 79, Parcel 4P
Dear Mr. Dillard:
The Albemarle County Architectural Review Board. at its meeting on Tuesday, January 4. 2000.
completed a preliminar.v review of the above-noted request to display small farm equipment at an
existing site on Route 250 East. The Board recommended approval of the special use permit to the
Planning Commission subject to the following conditions.
Items for display shall not be elevated.
Items for display shall be displayed only in the area indicated for display shown on the
plan.
The following landscaping shall be added:
· 15 Glossy Abelia. 24" in height minimum at planting, approximately 8' on center, in a
staggered row'. to complete the area of screening shrubs shown on the previously
approved site plan
· Additional Glossy Abelia. 24" in height minimum at planting, approximately 8' on
center, in a staggered ro~v. along the east and west sides of the proposed display area
· Intersperse ornamental trees in the row of Scarlet Oak along Route 250
· Add 3 medium trees at the south end of the east side of the site. 40' on center, measured
from the easternmost Scarlet Oak
The Board also indicated that a site plan amendment meeting these conditions could be approved
administratively by staff as a final Certificate of Appropriateness.
ATTACHMENT D
Page 2
January 12, 2000
PAGE 2
If vou have any quesuons concerning any of the above, please feel free to call me.
Sincerely,
Margaret Pickart
Design Planner
MP/jcf
~"'6: File
FAX (804} 972-4126
COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 M¢Intire Road, Room 227
Charlottesville. Virginia 22902-4596
TELEPHONE (804) 296-5832
ATTACHMENT~
PAGE 1
'l-rD (804) 972-4012
NOTICE OF OFFICIAL DETERMINATION OF VIOLATION
Date Notice of Determination is Given:
CERTIFIED MAIL # Z 397 027 236
January 7, 2000
No: V-2000-001/FHM
Alan G Dillard
1000 River Road
Charlottesville VA 22901
Property: 79 4P
Tax Map Number Parcel Number
Alan G Dillard
Owner of Record
You are hereby notified that, after an investigation of the above-described property, the Zoning
Administrator has determined that the following use or activity constitutes a violation of the following
section(s) of the Albemarle County Zoning Ordinance.
Section 36.1: Violations--Generally;
Any building erected contrary to anv of the provisions of this ordinance or contrary
to any condition imposed upon any conditional rezoning, issuance of a special use permit or
approval of a site plan, and any use of any building or land which is conducted, operated or
maintained contrary to any of the provisions of this ordinance or any condition imposed
upon any conditional rezoning, issuance of a special use permit or approval of a site plan,
shall be a violation of this ordinance and the same is hereby declared to be unlawful. The
zoning administrator may initiate injunction, mandamus, abatement, criminal warrant or
any other appropriate action to prevent, enjoin, abate or remove suer erection or use in
violation of any provision of this ordinance.
The site on the above referenced parcel has not been built in accordance with the approved
site plan for Haffner Equipment Company dated 02/04/88.
You are hereby ordered to cease and desist from the above descr/bed use or activity immediately.
Your failure to comply with this order may result in legal action being taken against you.
If you are ag=m'ieved by this determination, you have a right to appeal it within thirty (30) days of the
date notice of this determination is given, in accordance with Section 15.2-2311 of the Code of Virginia. If you
.,,..,do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by
iling with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the
grounds for the appeal. An appeal application must be completed and filed along with the fee of $95. The date
notice of this determination was given is specified above.
~TA CHMENT l~-
Page 2
V-2000-001/FHM
January 7, 2000
PAGE 2
If you have any questions, please contact Francis H MacCall or the Zoning Administrator at 804-296-
5832.
· "l /"
Zoning Administrator
County of Albemarle, Virginia
Cc: Reading File V-2000-001 TM 79 P 4P
Laurie Bentley
From:
Sent:
To:
Subject:
Laude Bentley
Wednesday, Apd119, 2000 2:34 PM
Wayne Cilimberg; Bill Mawyer, Janice Farrar; Amelia McCulley; Larry Davis
SP-99-72
Please find attached amended conditions for 5P-99-72, heard by the Board on 3/15/00. Tf there is anyone else
in your department who needs to know what the amended conditions are, Please be sure to notify them. Thank
yOU.
No more than one (1) employee except for family members who reside on 'site;
No signs for the business shall be posted on the property;
Use shall cam ply with the following provisions of Section 4.14 of the Albemarle County Zoning
Ordinance:
5.2.2 Regulations Goveming Home Occupations
Section 5.2.2 of the ordinance provides regulations for home occupations. The regulations do not
permit the total floor area of the dwelling devoted to such occupation to exceed 25 percent of the
floor area of the dwelling or a maximum of 1,500 square feet, whichever is less, unless waived,
varied or modified by the Commission in accord with Section 5.1 of the ordinance.
4.14.1.1 Method of Measurement
Noise shall be measured by means of a sound level meter and octave band analyzer, ca librated
in decibels (re 0.0002 microbar) and shall be measured at the nearest lot line from which the
noise level radiates.
4.14.1.2 Meaning of Terms
Decibel means a prescribed interval of sound frequencies which classifies sound according to its
pitch.
Impact noises shall be measured by means of an impact noise analyzer. Impact noises are those
whose peak values fluctuate more than six (6) decibels from the steady values indicated on the
sound level meter set at fast response.
Octave band means a prescribed interval of sound frequencies which classifies sound according
to ~s pitch.
Preferred frequency octave bands means a standardized series of octave bands prescribed by
the American Standards Association in S1.6-1960 Preferred Frequencies for Acoustical
Measurements.
Sound level meter means an electronic instrument which includes a micro phone, an amplifier
and an output meter which measures a noise and sound pressure levels in a specified manner. It
may be used with the octave band analYzer that permits measuring the sound pressure level in
discrete octave bands.
Maximum Permitted Sound Levels (decibels)
Preferred Frequency Octave Bands
Location of Measurement
1000
Octave band, At residential At other lot lines
cycles/second distdct boundaries within distdct
31.5 64 72
63 64 72
125 60 70
250 54 65
500 48 59
42 55
1
2000 38 51
4000 34 47
8000 30 44
Overall for
impact noise 80 90
4.14.2 Vibration
The produce of displacement in inches times the frequency in cycles per second of earthbome vibrations from any
activity shall not exceed the values specified below when measured at the points indicated.
4.14.2.1 Method of Measurement
Earthbome vibrations shall be measured by means of a three corn ponent recording system, capable of measuring
vibration in the three mutually perpendicular directions. The displacement shall be the maximum instantaneous
vector sum of the amplitude in the three directions.
4.14.2.2 Meaning of Terms
Vibrations means the periodic displacement of oscillation of the earth.
Area of Measurement
At residential
Type of vibration district boundaries
Continuous .00
Impulsive (100 per .006
minute or less)
Less than 8 pulses .015
per 24 hours
At other lot lines
within district
.015
.030
.075
4.14.3 Glare
No direct or sky reflected glare, whether from flood lights or from high temperature processes such as combustion,
welding or otherwise, so as to be visible beyond the lot line, shall be permitted except for signs, parking lot lighting
and other lighting permitted by this ordinance or required by any other applicable regulation, ordinance or law.
However, in the case of any operation which would affect adversely the navigation or control of aircraft, the current
regulations of the Federal Aviation Administration shall apply.
4.14.4 Air Pollution
Rules of the State Air Pollution Control Board shall apply within Albemarle County. Such rules and regulations
include coverage of: emission of smoke and other emissions from stationary sources; particulate mater; odor;
partiCulate emission from indirect heating furnaces; open burning; incinerators; and gaseous pollutants.
4.14.5 Water Pollution
Rules of the State Water Control Board shall apply within Albemarle County.
4.'14.6 Radioactivity
There shall be no radioactivity emission which would be dangerous to the health and safety of persons on or beyond
the premises where such radioactive material is used. Determination of existence of such danger and the handling
of radioactive materials, the discharge of such materials into the atmosphere and streams and other water, and the
disposal of radioactive wastes shall be by reference to and in accordance with applicable current regulations of the
Department shall be by reference to and in accordance with applicable current regulations of the Department of
Energy, and in the case of items which would affect aimraft navigation or the control thereof, by applicable current
regulations of the Federal Aviation Administration, and any applicable laws enacted by the General Assembly of the
Commonwealth of Virginia or the requirements of the Virginia Air Pollution Act, whichever is greater.
4.t4.7 Electrical Interference
There shall be no electrical disturbance emanating from any lot which would adversely affect the operation of any
equipment on any other lot or premises and in the case of any operation which would affect adversely the navigation
or control of aircraft, the current regulations of the Federal Aviation Administration shall apply; and
No retail business shall be conducted on the site.
February 10, 2000
COUNTY OF ALBEMARLE
Department of Planning & Community Development
401 McIntire Road, Room 218
Charlottesville, Virginia 22902-4596
(804) 296- 5823
Fax (804) 972 - 4035
Ron Ruane
P O Box 189
Keene, VA 22946
RE: SP-99-72 Mary Ruane, Tax Map 123, Parcel 18C
Dear Mr. Ruane:
The Albemarle County Planning Commission, at its meeting on February 8, 2000, unanimously
recommended approval of the above-noted petition to the Board of Supervisors. Please note that
this approval is subject to the following conditions:
2.
3.
4.
Not more than one employee except for family members who reside on site;
The hours of operation shall be from 9:00 a.m. to 4:30 p.m. Monday through Friday;
No signs for the business shall be posted on the property;
Use shall comply with the following provisions of section 4.14 of the Albemarle County
Zoning Ordinance:
5.2.2 REGULATIONS GOVERNING HOME OCCUPATIONS
Section 5.2.2 of the ordinance provides regulations for home occupations. The
regulations do not permit the total floor area of the dwelling devoted to such occupation
to exceed 25% of the floor area of the dwelling or a maximum of 1,500 square feet,
whichever is less, unless waived, varied or modified by the Commission in accord with
Section 5.1. of the ordinance.
4.14.1.1 METHOD OF MEASUREMENT
Noise shall be measured by means of a sound level meter and octave band analyzer, calibrated in
decibels (re 0.0002 microbar) and shall be measured at the nearest lot line from which the noise
level radiates.
4.14.1.2 MEANING OF TERMS
Decibel means a prescribed interval of sound frequencies which classifies sound according to its
pitch.
Area of Measurement
Type of vibration
At residential At other lot lines
district boundaries within district
Continuous .00 .015
Impulsive (100 per
minute or less) .006 .030
Less than 8 pulses
per 24 hours .015 .075
4.14.3 GLARE
No direct or sky reflected glare, whether from flood lights or from high temperature processes
such as combustion, welding or otherwise, so as to be visible beyond the lot line, shall be
permitted except for signs, parking lot lighting and other lighting permitted by this ordinance or
required by any other applicable regulation, ordinance or law. However, in the case of any
operation which would affect adversely the navigation or control of aircraft, the current
regulations of the Federal Aviation Administration shall apply.
4.14.4 AIR POLLUTION
Rules o£the State Air Pollution Control Board shall apply within Albemarle County. Such rules
and regulations include coverage of: emission of smoke and other emissions from stationary
sources; particulate matter; odor; particulate emission from indirect heating furnaces; open
burning; incinerators; and gaseous pollutants.
4.14.5 WATER POLLUTION
Rules of the State Water Control Board shall apply within Albemarle County.
4.14.6 RADIOACTIVITY
There shall be no radioactivity emission which would be dangerous to the health and safety of
persons on or beyond the premises where such radioactive material is used. Determination of
existence of such danger and the handling of radioactive materials, the discharge of such
materials into the atmosphere and streams and other water, and the disposal of radioactive wastes
shall be by reference to and in accordance with applicable current regulations of the Department
of Energy, and in the case of items which would affect aircraft navigation or the control thereof,
by applicable current regulations of the Federal Aviation Administration, and any applicable laws
enacted by the General Assembly of the Commonwealth of Virginia or the requirements of the
Virginia Air Pollution Act, whichever is greater,
4.14.7 ELECTRICAL INTERFERENCE
There shall be no electrical disturbance emanating from any lot which would adversely affect the
operation of any equipment on any other lot or premises and in the case of any operation which
would affect adversely the navigation or control of aircraft, the current regulations of the Federal
Aviation Administration shall apply.
5. No retail business shall be conducted on the site.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on March 15, 2000. Any new or additional information
Page 3
February 10, 2000
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,
Dan Mahon
Planning Technician
DM/jcf
Cc:
Ella Carey
Jack Kelsey
Bob Ball
Amelia McCulley
Steve Allshouse
Mary Ruane
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
DAN MAHON
FEBRUARY 8, 2000
MARCH 15, 2000
SP99-72 MARY RUANE
Applicant's Proposal:
The applicafft is proposing to establish a business in a dwelling under construction on a 1 acre
portion ora 63.95 acre parcel that provides wholesale insurance programs on a nationwide basis.
All business is generated by phone, fax, mail and internet. The business will be made up of two
(2) owners who are related and will reside on the property, and one full time employee. The
office hours will be Monday thru Friday 9:00 am to 4:30 pm.
Petition:
Request for special use permit to allow a business made up of two (2) owners, and one full time
employee. The office hours will be Monday thru Friday 9:00 am to 4:30 pm.(Attachment A) in
accordance with Section 10.2.2.31 of the Zoning Ordinance which allows for Class B Home
Occupation. The property, described as Tax Map 123 Parcel 18C, contains 63.95 acres with a
portion of 1 acre to be covered by Special Use Permit, and is located in the Scottesville
Magisterial District on Jefferson Mill Rd [Route 618] at the end of Full Moon Lane. The
property is zoned Rural Areas IRA]. The Comprehensive Plan designates this property as Rural
in Rural Area 4.(Attachments B & C)
Character of the Area:
The character of the area is rural residential in nature.
RECOMMENDATION:
Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the
Zoning Ordinance and recommends approval.
Planning and Zoning Hist, ory:
There is no zoning history associated with this parcel.
Comprehensive Plan:
This area is located in the Rural Areas of the Comprehensiv6 Plan.
STAFF COMMENT:
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance.
The Board of Supervisors hereby reserves unto itself the right to issue all special use
permits permitted hereunder. Special use permits for uses as provided in this ordinance
may be issued upon a finding by the Board of Supervisors that such use will not be of
substantial detriment to adjacent property.
S~ff was unable to identify any aspects of this request that would be of a substantial detriment to
adjacent properties. The applicant proposes to provide wholesale insurance programs with two
owners and one employee in a home based office. There will be no substantial noise or lighting
with this request. All business is generated by phone, fax, mail and internet. According to the
applicant they, do not now nor will they in the future provide services in the State of Virginia,
therefore there will be little if any business traffic to the site. The only traffic to the site will be
from the two residents and one employee. Staff has recommended a condition regarding hours
of operation for the purpose of limiting access to the site.
that the character of the district will not be changed thereby,
This use will not impact the character of the district.
and that such use will be in harmony with the purpose and intent of this ordinance,
Staff has reviewed the purpose and intent of the ordinance as stated in Sections 1.4, 1.5, and 1.6.
Staff finds no conflict with these provisions of the ordinance.
with the uses permitted by right in the district,
This use will not restrict permitted uses on any adjacent property.
with additional regulations provided in Section 5.0 of this ordinance,
Section 5.2.2 of the ordinance provides regulations for home occupations. The regulations do
not permit the total floor area of the dwelling devoted to such occupation to exceed 25% of the
floor area of the dwelling or a maximum of 1,500 square feet, whichever is less, unless waived,
varied or modified by the Commission in accord with Section 5.1. of the ordinance. The size of
the applicant home is approximately 4,500 square feet. The applicant proposes to use 750 square
feet of floor area for the business, therefore no waiver is necessary.
and with the public health, safety and general welfare.
Staff has not identified any component of this proposal that is inconsistent with the public health,
safety and general welfare.
SUMMARY:
Staff has identified the following factors which are favorable to this request:
1. This request is consistent with the provisions of Section 31.2.4.1 of the Ordinance.
2. There will no unusual noise or light associated with this use.
3. If approved, the general use will not generate traffic significantly greater than would
normally be anticipated in a rural residential area.
March 15, 2000 (Regular Night Meeting)
(Page 16)
Roll was called, and the motion carried by the following recorded vvt
AYES: Ms. ~umphris. Mr. Perkins, Ms. Thomas, Mr. Bowerman and Mr. Dorrier.
NAYS: None.
ABSENT: Mr. Martin.
(Note: The conditions, as approved, are as follow.)
No more than one (1) employee except for family members who
reside on site;
No signs for the business shall be posted on the property;
Use shall comply with the following provisions of Section
4.14 of the Albemarle County Zoning Ordinance:
5.2.2 Regulations Governing Home Oocupations
Section 5.2.2 of the ordinance provides regulations for home
occupations. The regulations do not permit the total floor
area of the dwelling devoted to such occupation to exceed 25
percent of the floor area of the dwelling or a maximum of
1,500 square feet, whichever is less, unless waived, varied
or modified by the Commission in accord with Section 5.1 of
the ordinance.
4.14.1.1 Method of Measurement
Noise shall be measured by means of a sound level meter and
octave band analyzer, calibrated in decibels (re 0.0002
microbar) and shall be measured at the nearest lot line from
which the noise level radiates.
4.14.1.2 Meanin~ of Terms
Decibel means a prescribed interval of sound frequencies
which, class~ sound according to its pitch.
Area of Mea~urem~.~t
At residential At other lot lines
TYPe of ~ibration ~istriEt bO~D~a~ig.~., wi%h~n district
Continuous .00 .015
Impulsive (100 per .006 .030
minute or less)
Less than 8 pulses .015 .075
per 24 hours
,
4.14.3 Glare
No dir~dt or sky reflected glare, whether from flood lights
or from high temperature processes such as combustion,
weldino or otherwise, so as to be visible beyond the lot
RECOMMENDED ACTION:
Staff recommends approval of this request subject to the following conditions:
2.
3,
4.
Not more than one employee except for family members who reside on site;
The hours of operation shall be from 9:00 a.m. to 4:30 p.m. Monday through Friday;
No signs for the business shall be posted on the property;
Use shall comply with the following provisions of section 4.14 of the Albemarle County
Zoning Ordinance:
5.2.2 REGULATIONS GOVERNING HOME OCCUPATIONS
Section 5.2.2 of the ordinance provides regulations for home occupations. The
regulations do not permit the total floor area of the dwelling devoted to such occupation
to exceed 25% of the floor area of the dwelling or a maximum of 1,500 square feet,
whichever is less, unless waived, varied or modified by the Commission in accord with
Section 5.1. of the ordinance.
4.14.1.1 METHOD OF MEASUREMENT
Noise shall be measured by means of a sound level meter and octave band analyzer, calibrated in
decibels (re 0.0002 microbar) and shall be measured at the nearest lot line from which the noise
level radiates.
4.14.1.2 MEANING OF TERMS
Decibel means a prescribed interval of sound frequencies which classifies sound according to its
pitch.
Impact noises shall be measured by means of an impact noise analyzer. Impact noises are those
whose peak values fluctuate more than six (6) decibels from the steady values indicated on the
sound level meter set at fast response.
Octave band means a prescribed interval of sound frequencies which classifies sound according
to its pitch.
Preferred freq.uency octave bands means a standardized series of octave bands prescribed by the
American Standards Association in SI.6-1960 Preferred Frequencies for Acoustical
Measurements.
Sound level meter means an electronic instrument which includes a microphone, an amplifier and
an' output meter which measures a noise and sound pressure levels in a specified manner. It may
be used with the octave band analyzer that permits measuring the sound pressure level in discrete
octave bands.
Maximum Permitted Sound Levels (decibels)
Preferred Frequency Octave Bands
Location of Measurement
Octave band,
cycles/second
31.5
63
125
At residential
district boundaries
At other lot lines
within district
64 72
64 72
60 70
250 54 65
500 48 59
1000 42 55
2000 38 51
4000 34 47
8000 30 44
Overall for
impact noise 80 90
4.14.2 VIBRATION
The produce of displacement in inches times the frequency in cycles per second of earthborne
vibrations from any activity shall not exceed the values specified below when measured at the
points indicated.
4.14.2.1 METHOD OF MEASUREMENT
Earthborne vibrations shall be measured by means of a three component recording system,
capable of measuring vibration in three mutually perpendicular directions. The displacement
shall be the maximum instantaneous vector sum of the amplitude in the three directions.
4.14.2.2 MEANING OF TERMS
Vibrations means the periodic displacement of oscillation of the earth.
Area of Measurement
Type of vibration
At residential At other lot lines
district boundaries within district
Continuous .00 .015
Impulsive (100 per
minute or less) .006 .030
Less than 8 pulses
per 24 hours .015 .075
4.14.3 GLARE
No direct or sky reflected glare, whether from flood lights or from high temperature processes
such as combustion, welding or otherwise, so as to be visible beyond the lot line, shall be
permitted except for signs, parking lot lighting and other lighting permitted by this ordinance or
required by any other applicable regulation, ordinance or law. However, in the case of any
operation which would affect adversely the navigation or control of aircraft, the current
regulations of the Federal Aviation Administration shall apply.
4.14.4 AIR POLLUTION
Rules of the State Air Pollution Control Board shall apply within Albemarle County. Such rules
and regulations include coverage of: emission of smoke and other emissions from stationary
sources; particulate matter; odor; particulate emission from indirect heating furnaces; open
burning; incinerators; and gaseous pollutants.
4.14.5 WATER POLLUTION
Rules of the State Water Control Board shall apply within Albemarle County.
4~14.6 RADIOACTIVITY
There shall be no radioactivity emission which would be dangerous to the health and safety of
persons on or beyond the premises where such radioactive material is used. Determination of
existence of such danger and the handling of radioactive materials, the discharge of such
materials into the atmosphere and streams and other water, and the disposal of radioactive wastes
shall be by reference to and in accordance with applicable current regulations of the Department
of Energy, and in the case of items which would affect aircraft navigation or the control thereof,
by applicable current regulations of the Federal Aviation Administration, and any applicable laws
enacted by the General Assembly of the Commonwealth of Virginia or the requirements of the
Virginia Air Pollution Act, whichever is greater.
4.14.7 ELECTRICAL INTERFERENCE
There shall be no electrical disturbance emanating from any lot which would adversely affect the
operation of any equipment on any other lot or premises and in the case of any operation which
would affect adversely the navigation or control of aircraft, the current regulations of the Federal
Aviation Administration shall apply.
ATTACHMENTS:
A - Application
B - Tax Map
C - Location Map
AppliCant'(Wh°/i thc~6~ pea-son roP~fing? Whb is r~ucsttg§ iha spccia[us~'t):~ ~ o~1~. '~: ~ u a H e~,,~.;~?~. ~,.~ ~;:~,~:~
Address :-- P - 0 .... Box - 189 . -.~.~,;.:;~:....:"., --:~"',-~,~.;._ ........ :.' ........ ~,::%Citv Keane.l..~';:~.-;,'.:;,-',;':,:Sate.' .VA ~'~:;"Zip '22946
O time ~ho ~) 2 8 6 - 2 0 81 F~x ~. 2 8 61'2 4 ~ 9 E-m~i
Locatlonol:'property(l~dmr~s.i.,~.aio~s,o~oth~r) Rt 618'( Jefferson'~Milt Rd)'
Does the owner of this property own (or have any ownership interest in) any abutting property?
those tax map and parcel numbers N 0 ' - ':~,-':.-' -. :',:. -
If yes, please list
'7
OFFICE USE ONLY
"Fe~ amount $ ~-~), 0 O Date Paid
History: CI Special Usc Permits:
.~4~ ~ Concurrcnt rcvicw of Sitc Dcvclopmcnt Plan?
c] Z~As and pr~n'd~i
CI Letter o.f Authorization
C] Yes CI No
401 McIntire Road ':. Charlottesville, VA 22902 -:. Voice: 296-5832 ':' Fax: 972-4126
What additional rcgulation$ provided in Section 5.0 of thc Zoning Ordinancc apply to this use?-
How will this usc promotc thc public h~l~, salty, and gcne~l wclfare of thc community? We feel' that. ~ur
home'office will have absolutely no ill effect on public health,
safety or general welfare but will add good will b¥,utilizin~ goods
and. services in the local Scottsville area.
~~ iii~61vecl in the: use, operatang laours, aha any umqu_e e~usi:;~;p lea s ~.,~ se e.~a t ~ a the d )......
· ~.,....:~5:~.:;:~2.~-? "i';:'::' '": ~'" .Szz..c~;'.:.~'~c './':'-~c:~i~sx?~,?~,?,.~ .'. '-'.:..% ,~ ??':~?-..-:::: ~:z: ~'~7;~ ~ ..... ~-'7~ :" ~'~ ...... ..~-N'~' ',~'~-"~"7 -".' ' ' ":' : - 'L'
property, it
I'own th~ iubj~ct.pro~, or hav~ th~ l~g~ power tO act on b~'h~f'6'f ~e"°wner in
filing this application. I also ceaify that ~he information pr°vialed iS ~e ~d acc~t~ t~ ~ best of my
/ -
Sign ' D
ature ,_.~ ate ~-- -
Printed Name
Daytime phone numb~ of Signatory
December 7, 1999
Dear Sir/Madam:
Our home business provides wholesale insurance programs on a nationwide basis. We do not
provide any programs in the state of Virginia thus there will never be any kind of retail traffic.
Ail of our business is generated by phone, fax, mail and internet.
Our home business is made up of two (2) owners, Ron Ruane Jr. and Noelle Ruane, Esq. along
with one (1) full-time employee. Our office hours are Monday through Friday 9:00am to
4:30pm.
Thank you,
!
Ron Ruane Jr.
ATTACHMENT B
SP-99.,72 Mary R'aane
,,
I
lO
cs.x .r ....
K
TO
DILLWYN
ATTACHMENT
. SP-99-72 Mary Ruane
ill
February 10, 2000
COUNTY OF ALBEMARLE
Department of Planning 8; Community Development
401 M¢lntir¢ Road, Room 218
Charlottesville, Virginia 22902-4596
(804) 296 - 5823
Fax (804) 972 - 4035
Roy Coggin
3496 Starlight Road
North Garden, VA 22759
RE: SP-99-76 Starlight Farm Bridge, Tax Map 99, Parcel 61
Dear Mr. Coggin:
The Albemarle County Planning Commission, at its meeting on February 8, 2000, unanimously
recommended approval of the above-noted petition to the Board of Supervisors. Please note that
this approval is subject to the following conditions:
o
o
The bridge is for agricultural purposes only, and shall not serve as access for any residential
development, nor shall it serve through traffic between Route 760 and Route 813. The road on at
least one side of the bridge shall remain chained or gated with a lock at all times.
The applicant shall stabilize the bare ground along the entire roadway that this bridge serves by
vegetating the area as soon as possible, but no later than June 1, 2000. This work will be bonded
as required by the Engineering Department.
No modification to the bridge or roadway within the floodplain may be started until a
determination has been made by Engineering that the modification would not impair the stream's
ability to convey the 100-year flood. This requirement does not include routine maintenance
such as regrading the roadway surface,' cleaning roadway ditches, or replacement of damaged
bridge members;
Should the bridge need repair or modification in the future, the applicant will notify the County
Engineer and consult on any proposed work. No disturbance is allowed within the stream, except
for removing debris, and any other disturbance in the immediate stream buffer is limited to that
work necessary to restore the bride to its current level of operation.
The applicant shall submit, and have approved by the Engineering Department, a stream buffer
mitigation plan that will provide consistency with Section 17.317 of the Albemarle County Code.
Upon approval of the stream buffer mitigation plan, the applicant shall implement the mitigation
measures in the plan without delay and no later than June 1, 2000. This work will be bonded as
required by the Engineering Department.
Page 2
February 10, 2000
Within 30 days of the granting of the special use permit, the applicant shall submit a Joint Permit
Application to the Virginia Marine Resources Commission for a permit to disturb State waters
associated with this bridge and shall comply with any requirements related to a permit issued for
this bridge. Applicant shall provide the County's Department of Engineering and Public Works a
copy of any permit issued and shall coordinate through the Department of Engineering and
Public Works to assure this permit's conditions are implemented. The special use permit only
becomes active when the permit is granted.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on March 15, 2000. 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,
Eric L. Morrisette, AICP
Senior Planner
ELM/jcf
Cc~
~ Carey
Jack Kelsey
Bob Ball
Amelia McCulley
Steve Allshouse
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Eric L. Morrisette, AICP
February 08, 2000
March 15, 2000
SP 99-76 STARLIGHT FARM BRIDGE
APPLICANT'S PROPOSAL:
The applicant is seeking approval of a bridge crossing for farm/agricultural purposes on Starlight
Farm. Attachment B depicts the location of the stream crossing.
PETITION:
Starlight Farm petitions the Board of Supervisors to issue a special use permit to allow for bridge
construction within the floodway of the South Branch [A tributary of the North Fork Hardware
River] on the above referenced 103 acre [total] farm, zoned RA, Rural Areas (Attachment A).
Minimal fill is associated with the bridge and road construction. The property, described as Tax
Map 99, Parcel 61 and Tax Map 88, Parcel 7B, is located on the southern side of Route 760 ½
mile south of Route 29 South. This Property is located in the Samuel Miller Magisterial District
and is not.located within a designated Growth Area as defined by the Comprehensive Plan.
Note: The bridge, with its associated fill, has been installed without prior County approval
The bridge was constructed approximately six months ago. The Department of Building
Codes and Zoning Services issued a violation letter on December 1 O, 1999for the construction
of the bridge without the issuance of a special use permit [Section 30.3.05.2.1 of the Zoning
Ordinance]..4 copy of the violation letter is attached as Attachment F. This application seeks
to remedy the violation
CHARACTER OF AREA:
The property is located between the southem side of Route 760, approximately ½ mile south of
Route 29 South, AND the northern side of Route 813, approximately ½ mile north of Route 712
(Attachment B). The South Branch of the North Fork Hardware River meanders through the
center of the farm. Tax Map 88, Parcel 7B is located on the northern side of the stream and Tax
Map 99, Parcel 61 is located on the southern side of the stream. Tax Map 88, Parcel 7B has one
dwelhng and an agricultural building on it. Tax Map 99, Parcel 61 has two dwellings and one
agricultural building on it. The properties are accessed directly off of Routes 760 and 813. All
surrounding properties are zoned Rural Areas.
Prior to the bridge installation, vehicles used to ford the stream in an area located further west of
the bridge location. In 1994, the applicant sold 22 acres of the farm, which included the area
where the stream crossings occurred. Since then, and until the bridge was constructed, the
applicant has been driving 4 ½ miles on Routes 712 and 760 to access the remaining portion of
the farm. The South Branch meanders through agricultural fields from west to east and
converges with the North Fork Hardware River approximately 1 mile east of the subject area.
Both sides of the stream [in this area] consist of primarily agricultural fields. This portion of
South Branch has a defined 100 year flood plain as determined by the Federal Emergency
Management Agency [FEMA] on the Flood Insurance Rate Maps [FIRM] flood maps. The
approximate 100-year flood level elevation is 600 feet above sea level. The bridge has already
been installed and pictures of the bridge have been attached for reference (Attachment C).
COMPREHENSIVE PLAN:
This area is located in the Rural Areas as designated in the Comprehensive Plan. The Rural
Areas zoning district provides for three general categories of commercial/service uses: 1)
agricultural/forestal uses; 2) tourism uses; and 3) basic support uses. As previously stated, the
bridge is desired to provide access to the farm across the stream. The bridge clearly falls under
the category of an agricultural use, because it is intended to provide limited support to an
agricultural population. The proposed road will not serve any residential traffic (Condition 1).
The proposed road, with the associated fill in the flood plain, is consistent with the
Comprehensive Plan.
OPEN SPACE AND CRITICAL RESOURCES PLAN:
The Open Space and Critical Resources Plan defines this South Branch stream valley as a Major
Stream Valley. Any fill that has occurred, which is minimal, is associated with the installation of
the bridge. Since the fill and the bridge placement are located in an area of open pastureland, and
the fact that no additional trees were destroyed, the intrusions into the stream valley have not
resulted in a loss of aesthetic value. Therefore, this request is not contrary to the intent of the
Open Space and Critical Resources Plan.
PLANNING AND ZONING HISTORY:
No substantial history related to the bridge, other than the 1999 violation, is available.
REASON FOR PLANNING COMMISSION REVIEW:
Bridge construction requires special use permit approval by the Board of Supervisors [Section
30.3.5.2.2 of the Zoning Ordinance].
STAFF COMMENT:
Recommendation:
Staff has reviewed this request for compliance with the provisions of Section 30.3 of the Zoning
Ordinance. Staff is recommending approval subject to conditions.
Staff Analysis:
The applicant is requesting approval of a recently constructed bridge to allow for a stream
crossing over South Branch [A tributary to the North Fork Hardware River]. The bridge
construction consists of concrete abutments that support a steel beam and wooden deck span that
is at the same level as the stream banks. Therefore, very little fill was necessary to raise the road
to the elevation of the bridge or for the bridge installment itself.
The bridge was constructed (without County approval) to provide access to both farms across
South Branch. As noted earlier, do to the fact that no trees were destroyed and no significant fill
had occurred with the installation of the bridge, staff finds this use to result in minimal
environmental degradation. The bridge will only be used for agricultural purposes (See
Condition 1).
Sections 30.3 and 31.2.4.1 qf the Zoning Ordinance:
Staff provides the analysis of the criteria under Section 31.2.4.1 of the Zoning Ordinance through
the review of Section 30.3 of the Zoning Ordinance [Flood Hazard Overlay District]. The intent
of the Flood Hazard Overlay District [Section 30.3.1 of the Zoning Ordinance] is attached as
Attachment D. It states "These provisions are intended to restrict the unwise use.., which may
result in: danger to life and property; public costs for flood control measures and/or rescue and
relief efforts; soil erosion, sedimentation and siltation; pollution of water resources; and general
degradation to natural and man-made environment". The Engineering Department has reviewed
this request in accordance with Section 30.3.3.2 of the Zoning Ordinance and has revealed no
substantial detriment to life, property, and public costs for flood control. The Engineering
Department has provided comments regarding the impact on the flood plain (Attachment E).
The Engineering Department notes that the FIRM maps indicate the 100 year flood elevation in
the vicinity of this bridge to be approximately 600 feet above sea level [ASL]. The Engineering
Department required the apphcant to provide a detailed field survey to insure a higher level of
accuracy than the FIRM maps. "This study indicates the bridge has resulted in a 0.6 foot
increase in the 100 year flood elevation, changing this elevation from approximately 595.6 to the
new elevation of 596.2", with a cross-section that is approximately 300 feet wide. The FIRM
map shows a 100 year cross-section of 600 feet wide in this area. Therefore, "... impacts
associated with this bridge do not increase the floodplain elevation beyond that shown on the
existing FIRM maps". With this analysis, Engineering is confident that the conditions of
approval are adequate to fully ensure that the provisions of the Zoning Ordinance are adhered to.
Planning Staff concurrs wi~h the Engineering Department's analysis an also recommends
approval, with conditions. Staff notes that the bridge abutments and the approaches are within
the stream buffer, therefore a mitigation plan is required by the Water Protection Ordinance
(Condition 5). The disturbed areas are largely stabilized with grass cover and it is envisioned
that the applicant will have little difficulty with compliance.
Summary:
Staff has identified the following factors, which are favorable to this request:
3
1. Consistent with the provisions of the Comprehensive Plan;
2. Consistent with Sections 30.3 and 31.2.4.1 of the Zoning Ordinance;
3. Provides for safe and convenient access between the two farms;
4. The proposed use will not cause substantial detriment to adjacent properties;
5. The bridge will only be used for agricultural purposes only (See Condition 1).
The construction of the bridge had not resulted in a loss of aesthetic resources and,
therefore, is not contrary to the Open Space and Critical Resources Plan.
Recommendation:
Staff has reviewed this request for compliance with the provisions of Section 30.3 of the Zoning
Ordinance and finds no conflict with this proposal. Therefore, staff is recommending approval,
subject to conditions.
Recommended Conditions of Approval:
The bridge is for agricultural purposes only and shall not serve as access for residential
development on Tax Map 88, Parcel 7B to Route 813 and/or access for residential
development on Tax Map 99, Parcel 61 to Route 760.
The applicant shall stabilize the bare ground along the entire roadway that this bridge
serves by vegetating the area as soon as possible, but no later than June 1, 2000;
o
No modification to the bridge or roadway within the floodplain may be started until a
determination has been made by Engineering that the modification would not impair the
stream's ability to convey the 100 year flood. This requirement does not include routine
maintenance such as regrading the roadway surface, cleaning roadway ditches, or
replacement of damaged bridge members;
Should the bridge need repair or modification in the future the applicant will notify the
County Engineer and consult on any proposed work. No disturbance is allowed within
the stream, except for removing debris, and any other disturbance in the immediate
stream buffer is limited to that work necessary to restore the bridge to its current level of
operation;
The applicant shall submit, and have approved by the Engineering Department, a stream
buffer mitigation plan that will provide consistency with Section 17-317 of the Albemarle
County Code. Upon approval of the stream buffer mitigation plan, the applicant shall
implement the mitigation measures in the plan without delay and no later than June 1,
2000.
4
ATTACHMENTS:
A - Applicant.s Special Use Permit Request and Justification
B - Tax Map and Location Map
C - Pictures taken on site
D - Sections 30.3 and 30.3.1 of the Zoning Ordinance
E - Engineering Memo from Mark Graham Dated January XX, 2000
F - Violation Letter Dated December 10, 1999
starlight Farm Bridge
ATTACHMENT A
On August 23, 1994, twenty two acres ofthe farm was sold to one Doctor B. Word. The
property was surveyed and the closing was held, transferring title to Dr. Word. Access to
the north side of the property was through a ford in the river, and the surveyor was
instructed to retain the south side of the ford on my property and the north side would be
on the property sold. It was after the sale that I discovered that I no longer owned half
of the ford, consequently I had no access to the remainder of my property on the north
side of the river. W?da this in mind, my only access to my property to the north was by
driving approximately four and one half miles around on Rt. 712 and Rt. 760. This was
my only means of access, so I started rethinking ora bridge. At that time, my neighbor,
Sam Hudson was alive and after mentioning the bridge to him~ he suggested that I build it
on the high ground approximately where it is now located. As Mr Hudson was bom on
the farm that he and his son then owned, on my east boundary, he knew the history of the
river, and he said that in his entire lifetime, the fiver had never risen to the height of this
area, a total of over 65 years to today.
The first bridge idea that came to mind was a wooden one, and someone had suggested
that I contact VDOT Research Council offAlderman Road, on Observatory Hill. After
talking with a Mr. Jose' Gomez, he suggested that I contact VDOT on Rt. 250 East, but
he did state that seeing that the bridge would be on private property, that VDOT had no
jurisdiction over the matter. After talking with someone at 250 east, whose name I do not
remember, I came home with the same conclusion. In all fairness to Mr. Gomez, the fact
that the bridge would be built on a floodplain never came into the conversation, therefore
he was never aware ofthe bridge's location other than on a private fimaa. I wasn't aware
that the location was a potential problem, consequently the fact was never mentioned.
This past spring, I started talking to my wife about building the bridge and her question
was--could we afford the cost. I then started designing the bridge and made a list of
materials needed for its construction to figure the price and amount of money necessary to
borrow for its construction. I took my design to Consolidated Steel on Rio Road East to
get a price quote from them and also the weight load a series of 4 60 foot beams with a
span of 50 feet would carry, the beams being 18"x65 x 60' long. The figures that
Consolidated came up with were for me to use four 2 l"x 50x 50 foot beams with a span.
of 40 feet would support a load of 6000 lbs per wheel with a 10 foot spacing--this
resulting in 24000 lbs with a 4 wheel vehicle or a 12 ton bridge. ARer looking more
closely at the location where I built, I felt that by building the way my design was
finalized, that'I would have a bridge stronger than 12 tons, seeing that my final design was
a 21"x 50 x 39 foot beam with a 38 foot span. With all the above in mind, I decided to go
ahead with the project, resulting in the bridge that I constructed. The construction has
enabled me to connect the two separate parcels I own back into one farm again.
It seems that the thought has risen that a development is going to be built on my farm but I
can reassure all that 30 years of city crowds was enough, no development here.
County of Albemarle o:- Department of Building Code an ATTACHMENT A
-OFFICE U N
Mag. Dist. 11~¢'" Staff .'%/'JC~_. ~C,~.,.~.~ _ Dat~ ~
Application for Special Use Permit
-
. . / roposew~se
(*staff will ~sist you with thee Rems)
[, ,tis an amendment to an .istin, SpeCial Use Permit, ~: SS/~
J Contact Person (Whomshould w, caH/writ¢¢onccrn!ngthisproj¢¢,?); ~'~ Y ~"~-~'/./V
Owner of land (^s ,ist~ i. th~ Co-.ty's =couls,:
Address City
Daytime Phone ( ) .
Fax #.
State
_E-mail
Zip __
Applicant (Who is thc contact p~r~on rcpm,~nting? Whois ~cqucaing thc special u~c?}: ~
Address City
S~te Zip __
Daytime Phone ( ) Fax # .E-mail
Tax map and parcel TC/~ P ~ fro ~' I .q T'fflt° 819- 7~ Physical Address (ifal~igr.~l)
D~s ~e owner of ~is pro~y owp ~r have any owne~hip interest i~) ~y abutting pm~ny? If y~, plme list
History: · "C2 Special Usc Permits: - '0 ZMAs and Proffers: :" ":7 -':.:': v · .*;-'". ;:'~:.'. ,
Variances:
Concurrent review of Site Development Plan?
ATTACHMENT A
Section 31.2.4. I of the Albemarle County Zoning Ordinance states that, "The board of supervisors
hereby reserves unto itself.the right to issue all speaial use permits permitted hereunder. Special use:-~
permits for uses as provided in this ordinance may bdissued upon a finding by the board of supervisor.
that such use will not be of 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 which follow will be reviewed by the staff in their analysis of your request. Please complete
this form and provide additional information which will assist the County in its review of your request.
If you need assistance filling out these items, staff is available.
What is the Comprehensive Plan designation for this property? P~n co~ } /t~/'e~. ~
What additional regulations provided in Section 5.0 of the Zoning Ordinancc apply to this usc?~~~,~
ATTACHMENT A
Describe your request in detail and include all pertinent information such as the numbers of persons
involved in the use, operating hour~and an), uniquff featu~eslof the use: ~ .~ .~ ."3
ATTACHMENTS REQUIRED - provide two(2) co pies of each:
Recorded plat or boundary survey of the property requested for the rezoning. If there is
no recorded plat or boundary survey, please provide legal description of the property and
the Deed Book and page number or Plat Book and 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 signin~ 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 acceptable to the County must be
submitted that is evidence of the existence and scope of the agency.
OPTIONAL ATTACHMENTS:
Drawings or conceptual plans, if any.
Additional Information, if any.
I hereby certify .that I.own..the subject property, or have the legal power to act on behalf of the owner in
filing this application. I also certify that the information provided is true and accurate to the best of my
Date
Printed Name Daytime phone number of Signatory
~ATTACHMENT A :
STARLIGHT FARM BRIDGE
MAT~RIAI.R. Ma~-'TA L
BEAMS (4) W21 x 50 x 39 FEET 4200 LBS.
CHANNEL (20) C5 x 9.0 x 48 IN. 720 LBS.
FLATBAR (12) 1/41N. x2IN. x20FT. 680LBS.
L-ANGLES (12) IA x 4 x 1/4 x54 IN. 356 LBS,
BOLTS (408) I/2 rN x 7IN. GAL. 40 LBS.
NUTS & WASHERS FORABOVE I0 LBS.
FOOTER WELD ?LATE 3/4 x 6 xl 4.3 FT, 436 LBS.
MATIqRI ALq WCIOI~
RAILING (16) 2xSx 16FT. P.T. 300LBS.
DECKING (10) 2x 12 x 16FT. P.T. 200 LBS.
DECKING (54) 4 x 6 x 16FT. P.T. 5400 LBS.
DECKING (10) 4. x 6 x 16FT. P.T. 1000 LBS.
FOOTI::.R R
REBAR (16) I/2IN. x 8FT.
CEMENT (15YDS.) 3500PSI, MIX
FORMS MISC. 2x4xl6FT..
3/4 PLYWOOD. AND SCREWS
jo
ATTACHMENT B
PARCEL 61 ON
TAX 'MAP 99
SAMUEL MILLER DISTRICT
',t.BFMARLE COUNTY, VIRGINIA
"= 500' JULY 10, 1994
APPROVED FOR
RECORDATION
GEORGE E. MAYS
STATE
--..- .,.~..
1'~'
I
~)NNIE HAGG[RTM COGGIN
II
0
Gall
8~
6
i
CASTLE
80AZ
&fOUNTAIN
TO
"~OVINGS TOI~ %
./.
ROCK
HIGH
TOP
TOM
MOUNTAIN
SP 99-76 Starlighi Farm Bridge
Cl~delmvtlhJ '
:J-
./
$6
SO
49
4gA
tl ~ i/
ATTACHMENT B ' f
~A(33
Z2
ATTACHMENT C
ATTACHMENT C
ALBEMARLE COUNTY CODE
ATTACHMENT D
30.2.5 NOISE PERFORMANCE STANDARDS
Any building or structure intended for human occupancy or use proposed to be located within the
noise impact area shall be designed and constructed in accordance with the acoustical performance
standards in~ section 30.2.$. 1. Building plan conformance to these requirements shall be certified
by the Albemarle County building official prior to initiation of construction activities. "As-built"
conformance to .these requirements shall be certified by the building official prior to the issuance
of any certificate of occupancy.
Plats or plans of lands Within the noise impact area approved by any Albemarle County official
shall prominently display a disclosure statement that such plat or plan includes land and/or
buildings within the AIA noise impact area.
30.2.5.1 ACCOUSTICAL PERFORMANCE STANDARDS
Maximum Interior
Land Use Category Noise Levels [dB(a)]
Residential Ldn < 45
Public and quasi-public use:
School Ldn < 45
Library Ldn < 45
Church Ldn < 45
Hospital Ldn < 45
Auditorium, concert hall, etc. Ldn < 45
Parks and recreation, sports arena Ldn < 70
Office Ldn <_.55
Commercial
Retail Ldn _~ 55
Movie theatre Ldn _< 55
Hotel, motel Ldn _< 55
Distribution, indusU'y Ldn _~ 70
Manufacturing and assembly industry Ldn < 70
30.2.6 CLUSTER DEVELOPMENT, BONUS FACTORS
No cluster development or bonus level provisions or regulations will be permitted unless the
commi~ion shall determine that such development will reduce or be equivalent to ba~,ard and/or
nois~ impacts anticipated under standard ievel-convention~ dev,elopment of the underlying zoning
district.
30.3 FLOOD HAZARD OVERLAY DISTRICT - FH
30.3.01 INTENT
It is intended that thc flood hazard overlay district hereby and hereiffier created shall be for the .
purpose of providing saf~y and protection from flooding. More specifically, these provisions are
'.intended to restrict the unwise use, development and occupancy of lands subject to inundation
which may result in: danger to life and properly; public costs for flood control measures and/or
18-30-5
17
ALBEMARLE COUNTY CODE
ATTACHME'NT D
rescue and relief efforts; soil erosion, sedimentation and siltation; pollution of water resources; and
general degradation of the natural and man-made environment.
It is further intended that these provisions shall be adequate for qualification and continuation of
Albemarle County on the regular program of the National Flood Insurance Program as
administered by the Federal insurance Administration. To these ends, provisions have been
developed in accordance with regulations governing the regular program.
30.3.02 APPLICATION
30.3.02.1 DEFINITIONS-GENERALLY
The flood ba?zrd overlay district shall include all areas subject to inundation by the waters of the
one hundred year flood. The source of this delineation shall be the flood insurance study for the
County of Albemarle, Virginia, as prepared by the Federal Insurance Administration - Federal
Emergency Management Agency~ dated June 16, 1980.
The flood boTnrd overlay district shall be comprised of three subdistricts as follows:
Floodway (Fl): That portion of the flood haT-rd overlay dislrict required to carry and
discharge the waters of the one hundred year flood without increasing the water surface
elevation at any point more than one (1) foot above existing conditions, as demonswated in
the flood insurance study referenced above.
Floodway Fringe (F2): Those portions of land within the flood h-~rd Overlay district subject
to inundation by the one hundred year flood, l~,ing beyond the floodway in areas where
detailed study data and profiles are available,
Approximated Flood Plain (1:3): Those portions of land within the flood bayard overlay
district subject to inundation by the one hundred year flood, where a detailed study has not
been performed but where a one hundred year flood plain boundary has been approximated.
Development for the purposes of this section only, shall mean any man-made change to
improved or unimproved real estate, including but not limited to buildings or other slructures,
mining, dredging, filling, grading, paving, excavation or drilling operations.
eo
Substantial improvement, for the purposes of this section only, shall mean any repair,
reconsWuction or improvement of a slructure, the cost of which equah or exceeds fifl~, (50)
percent of the market value of the structure either (1) before the improvement or repair is
started, or (2) if the structure has been damaged, the market value before the damage
occurrecL For the purpose of this definition "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor or other structural part of the building
commences, whether or not that alteration affects the external dimensions of the structure.
The term does not, however, include either (l) any project for improvement of a structure to
comply with existing state or local health, sanitary or safety code specifications which are
solely necessary to assure safe living Conditions, or (2) any alteration of a structure listed on
the National Register of Historic Places or the Virginia Historic Landmarks Commission.
f.
Start of cons/ruction for the purpose of this section only includes substantial improvement,
and means the date the building permit was issued, provided the actual start of construction,
repair, reconstruction, placement or other improvement was within one hundred eighty (I 80)
days of the permit date. The actual start means either the first placement of permanent
conslruction of a structure on a site, such as the pouring of slab or footings, the installation of
piles, the construction of columns or any work beyond the stage of excavation. Permanent
18-30-6
ATTACHMENT E
COUNTY OF ALBEMARLE
Department of Engineering & Public Works
MEMORANDUM
TO:
' Eric L. Morrisette, Senior Planner
FROM:
Mark B. Graham, Senior Engineer
DATE:
19 January, 2000
Starlight Farm Bridge, SP 99-76
Based on my review of the Floodplain Analysis prepared by Susan Riddle, which was
received by Engineering on January 19, 2000, Engineering has determined the applicant has
adequately satisfied the requirement to submit a flood elevation study as specified in 18-
30.3.02.2 of the Albemarle County Code. The following observations have been made.
o
The road and bridge were constructed with minimal fill in the floodplain and have
been fitted to the existing topography such that any flooding impacts has been
minimized. The bridge cleanly spans the stream such that there was no disturbance
of the stream or streambank. With the exception of the road ditches, there is little
other disturbed ground.
The FEMA flood zone is classified as "A" in the area of this bridge. That
designation indicates no flood elevations have been determined. The Flood
Insurance Rate Maps (FIRMs) indicate a suspected flood area based on available
topographic information and assumptions made by the hydrologist preparing the
map, rather than a detailed study. Comparing this FIRM designated flood delineation
with USGS topographic maps, the 100 year flood elevation in the vicinity of this
bridge is assumed to be approximately 600 feet.
The flood study prepared by Susan Riddle was prepared using field survey
information to insure a higher level of accuracy than the existing FIRM. This study
indicates the bridge has resulted in a 0.6 foot increase in the 100 year flood elevation,
changing this elevation from approximately 595.6 to the new elevation of 596.2.
This increase is a direct result of the bridge structure within the floodplain. It should
be noted that even with this increase in the flood elevation, the 100 year flood based
on this study inundates a cross section that is approximately 300 feet wide. FEMA's
approved FIRM shows an approximately 600~wide flood zone. Thus, impacts
associated with this bridge do not increase the flood plain beyond that shown on the
existing FIRM.
Engineering recommends approval with the following conditions.
A. The applicant shall stabilize the bare ground along the roadway that this bridge serves by
vegetating the area.
B. No modification to the bridge or roadway within the floodplain may be started until a
tq
determination has been made by Engineering that the modification would not impair the
stream's ability to convey the 100 year flood. This requirement does not include routine
maintenance such as regrading of the roadway surface, cleaning roadway ditches, or
replacement of damaged bridge members.
C. Should the bridge need repair or modification in the future, no disturbance is allowed
within the stream, except for removing debris, and any other disturbance in the immediate
stream buffer is limited to that work necessary to restore the bridge to itst current level of
operation.
D. The applicant shall submit, and have approved by Engineering, a stream buffer mitigation
plan that will provide consistency with § 17-317 of the Albemarle County Code. Upon
approval of th.e stream buffer mitigation plan, the applicant shall implement the mitigation
measures in the plan without delay.
ATTACHMENT E
FAX (804) 972-4126
COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 Mclntire Road, Room 227
Charlottesville, Virginia 22902-4596
TELEPHONE (804) 296°5832
ATTACHMENT F
'FI'D 1804) 972-4012
NOTICE OF OFFICIAL DETERMINATION OF VIOLATION
Date Notice of Determination is Given:
CERTIFIED MAIL # Z 397 027 235
December 10, 1999
No: V-99-160/J~VG
Roy W. or Bonnie Haggerty Coggin
Rt. 1 Box 409
North Garden Va. 22959
Property: 99 61
Tax Map Number Parcel Number
Roy W. or Bonnie Haggerty Coggm
Owner of Record
You are hereby notified that, after an investigation of the above-described property, the Zoning Administrator
has determined that the following use or activity constitutes a violation of the following section(s) of the Albemarle
County Zoning Ordinance.
30.3.05.2.1: By Special Use Permit within the Floodway Fringe; Water related uses such as boat docks,
canoe liveries, bridges, ferries, culverts and river crossings of transmission lines of all types.
Section 36.1: Violations--Generally;
Any building erected contrary to any of the provisions of this ordinance ...any use of any building or land
which is conducted, operated or maintained contrary to any provisions of this ordinance, ... shall be a
violation of this ordinance and the same is hereby declared to be unlawful.
The bridge located on your property crossing the Hardware River was built prior to the submittal of an
application for a Special Use Permit and Board of Supe~isors approval of the same.
You are hereby ordered to cease and desist from the above described use 0~' activity immediately.
Your failure to comply with this order may result in legal action being taken against you.
If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of the date notice
of this determination is given, in accordance with Section 15.2-23 l 1 of the Code of Virginia. If you do not file a timely
appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning
Administrator and the Board of'Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An appeal
application must be completed and filed along with the fee of $95. The date notice of this determination was given is
specified above.
If you have arjy questions, please c/gntact John Grady or the Zoning Administrator at 804-296-5832.
~melia G. McCulley
Zoning Administrator
County of Albemarle, Virginia
cc: Reading File V-99-160/JWG; Tax Map 99 Parcel 61 c~l
From:
Subject:
Date:
Members, Board or Supervisors ~/~
Ella Washington Carey, CMc~'
Reading List for March 15, 2000
March 9, 2000
November3, ~999
Mr. Martin
/ewc