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HomeMy WebLinkAbout2008/09/3 (2) Natural Herita2:e Committee Report to the Board of Supervisors. September 3. 2008 Michael Erwin (Chair) and Carleton Ray (Vice Chair) This report represents the second report submitted by our Committee. Weare comprised of 12 volunteer citizens of the County, with broad expertise in science, natural resources management, and education. The report, which we hope you have read, is essentially in three parts: the review of the year's accomplishments, a draft Biodiversity Action Plan (a goal of the County Comprehensive Plan), and a draft letter to landowners to encourage individual conservation easements and best management practices on their property. The Committee had a number of significant accomplishments during 2007-08 including: making progress by adding layers of information to the County GIS system to identify critical natural resources features, working in partnership with four other organizations to contract for a recent high-resolution land use/land cover map, meeting with Greenways program coordinator to assess County-owned lands, developing a list of invasive plant species that threaten natural biodiversity in our forested areas and working to develop a brochure on such threats, expanding the Natural Heritage Committee's web page, participating in the Earth Day Eco-Fair, and developing a draft of the Biodiversity Action Plan and contact letter to landowners. We acknowledge the dedication and hard work of our Committee members over the past year, and in most cases 3 years. These dedicated County residents have spent considerable professional time and energy working toward a successful, long term, sustainable approach to biological conservation in Albemarle County. The future of the Committee, however, looks bleak without County support in the next year. We have ambitious plans but require partial FTEs in the Community Planning & Development Dept. and a minimum of$ 3 K for operations. Without staff to help respond to the public about biodiversity issues, coordinate with other non-governmental organizations, add to the Biodiversity database and conduct GIS analyses, little progress can be made implementing the Biodiversity Action Plan. Further, a modest amount of funding is needed to support a workshop focused on landowner practices, and to defray the publication costs of an educational brochure on invasive species and other threats. With no support, it will be fruitless for the Committee members who are due to rotate off the Committee to re-enlist, or to be replaced by new members. We recently lost one senior member before his term expired due in part to what he perceived as non-support by the County. We propose that the Board commit to its long-term investment in Albemarle's rich natural heritage, especially its rural area, and provide modest support to our Committee in balance with its investments in growth management. Further sacrifices of water and air quality, forest integrity and connectedness, and natural habitats will surely jeopardize the area's rating as one of the nation's best places to live. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Natural Heritage Committee Annual Report AGENDA DATE: September 3, 2008 SUBJECT/PROPOSAL/REQUEST: Presentation of the Committee's annual report ACTION: INFORMATION: X CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Messrs: Tucker, Foley, Cilimberg, Benish, and Clark ATTACHMENTS: Yes LEGAL REVIEW: No REVIEWED BY: ~ BACKGROUND: On July 6, 2005, the Board of Supervisors authorized the creation of the Natural Heritage Committee. The Committee was described as: "...an advisory committee that maintains the County's Biodiversity Assessment; advises the Board of Supervisors, the Planning Commission, and County staff on applying biodiversity information to land-use decision-making; and supports biodiversity education in the County." STRATEGIC PLAN: Goal One: Enhance the Quality of Life for All Citizens: The existence of healthy living systems is an important factor in citizens' quality of life. Goal Two: Protect the County's Natural Resources: Effective natural-resource protection requires science-based conservation planning. DISCUSSION: The Committee's Annual Report for fiscal year 2007-08 (see Attachment A) has two major purposes: 1. To report on the Committee's activities over the last year. These activities, summarized in section II ("Annual Progress and Activities"), support the four major areas of the Committee's work plan: . Biodiversity Assessment - cataloging and analyzing the County's biological resources, as a foundation for effective conservation planning Rapid Conservation - identifying biological resources within the County that are in need of conservation in the short term, and identifying appropriate tools Education - finding methods to communicate natural heritage information to the public, and developing a communications plan Strategic Conservation - developing a long-term conservation plan for biodiversity in the County . . . The report also includes the Committee's goals for work in these areas in the upcoming year. 2. To recommend an outline for the Biodiversity Action Plan called for in the Natural Resources & Cultural Assets chapter of the Comprehensive Plan. Appendix A of the Report contains a draft policy that could be adopted into that Plan. BUDGET IMPACT: There are no budget impacts directly related to the Annual Report. However, the Annual Report contains requests for staff support and funding to meet the Committee's work needs (see Section III of the Report). Due to budget constraints, the Community Development Department is currently focusing on mandated tasks and Strategic Plan priorities, and is therefore providing only minimal staff support to the Natural Heritage Committee. RECOMMENDATIONS: Staff recommends that the Board of Supervisors accept the Natural Heritage Committee's annual report, and direct Community Development staff to report to the Board on options for responding to the Committee's recommendations. ATTACHMENTS A. Annual Report - Albemarle County Natural Heritage Committee, Fiscal Year 2007-2008 Attachment A Albemarle County Natural Heritage Committee Annual Report FY2007..2008 ~-....- - -- Toward A Sustainable Approach To Biological Conservation In A Growing Community Executive Summary This second Annual Report retraces progress achieved during the period Summer 2007 to Summer 2008. It contains summaries of four subcommittees during this period, a proposed Biodiversity Action Plan (as called for in the County Comprehensive Plan), and a request for support to fulfill the Committee's mandate. Our strategy is reflected in the incorporation of land-use assessment and monitoring, public education, and demonstrated principles of resource sustainability. Our scope of work has expanded from proposals for protection ~f specific sites to conservation of landscape corridors and healthy, diverse functional ecosystems. However, the NHC is a volunteer advisory committee that lacks the capacity to implement the considerable tasks that we were appointed to accomplish. To make significant progress, more County resources will be needed for biodiversity protection and ecosystem management and should parallel that for growth management. Not only is additional County support urgently needed for the Committee, Community Development Department, and its rural-area conservation efforts, but more partnerships are required between governmental and non-governmental organizations, and Albemarle's citizens to meet the County's stated policies and goals. We request 0.25 FIE for the Planning & Community Development staff beginning October 2008, and a 0.50 FIE for a GIS and resource specialist in 2009. We also request $3000 to support a partnership workshop on landowner management practices, and for an educational brochure on biodiversity. Cover image: Beautiful but fragmented Albemarle County landscape infal!. Photo @ G. Carleton Ray. 2 I. Mission, Goals, and Strategies In July 2006, the NHC issued its "Strategic Conservation Plan Outline" containing as its overall Mission: The Albemarle County Natural Heritage Committee (hereafter NHC) will develop a biodiversity action plan and subsequent implementation measures that provide means for sustaining the landscape states and ecological integrity required for important ecological services and healthy populations of native plants and animals." As an initial set of goals, the NHC reviewed those from the Biodiversity Working Group report (2004 - Table B; with some modification): · Preserve large blocks/contiguous habitats of forested lands and aquatic resources, respecti vel y. · Seek connecti vity of terrestrial and aquatic habitats. · Identify and implement multiple representatives of native Ecologically Valuable Areas (EV As) and communities among subwatersheds (from Table N in BWG report). · Develop management plans for selected ecological valuable areas (Table N in BWG report). · Assist in restoration planning for key County-owned lands with natural- resource potential. · Develop monitoring plans for key natural resources in the County that are important for carrying out ecosystem services. · Disseminate information to the public about the value and significance of biodiversity, natural areas, and ecosystem services. The NHC has adopted the following strategies to achieve these goals: A. Evaluate current state of natural resources and build databases: · spatial data of known important resources · current land use/land change imagery-high resolution as a spatial baseline for change . information from local resource experts B. Prioritize key resources and changes through space and time using current monitoring methods. C. Support construction of a "green infrastructure" within the County by connecting large forest blocks, wetlands, stream corridors, parklands, large private parcels; identify mechanisms to achieve protection and/or opportunities for restoration. D. Develop implementation/management plans for the initial list of sites (Appendix A, BWG Appendix A); identify mechanisms to achieve protection. E. Coordinate land protection, acquisition, restoration concepts with State (Div. Natural Heritage), County (ACE program, Dept. of Parks and Recreation) and non-governmental organizations (The Nature Conservancy, Piedmont Environmental Council, Thomas Jefferson Planning District) as a means of complementing the work of others; identify strengths and weaknesses of existing programs. F. Develop public education to inform citizens, policy makers on the values of biodiversity, natural resources, and ecosystem services so our efforts will be complementing and partnering with other groups rather than duplicating their efforts. · Develop web site to highlight NHC activities and promote awareness of important environmental education principles and issues with links to important ecological concepts from the 2004 BWG report and other important programs. 3 · Evaluate environmental education ongolllg III County, complementing, not duplicating, other efforts. · Develop web site on NHC activities, with links to other important programs. · Disseminate information about activities listed in A-E above by means of local and regional media, workshops, and conferences as appropriate. · Include important ecological concepts from the 2004 BWG Report. An overarching outcome of these elements is to develop a long-term conservation plan, the Biodiversity Action Plan (Appendix A). In that regard, we intend to assist Planning staff in revision of the Natural Resources Chapter of the Comprehensive Plan. Also, in cooperation with partners such as TNC, PEC, and the Green Infrastructure Program, we would like to help organize a workshop on biodiversity protection for landowners. The Committee also recognizes the necessity for an adaptive approach that can respond to changing circumstances, and that necessary prerequisites must first be accomplished, not the least of which include landscape-scale mapping and assessment, development of educational tools, and adequate staff and funding support. 4 II. Annual Progress and Activities The NHC has instituted four subcommittees to address the above six strategies: Strategic Planning, Biological Assessment, Rapid Conservation, and Education. Their activities during the 2007-2008 year are summarized below. Strategic Planning: The Strategic Planning Subcommittee is charged with prioritizing the needs and scope of conservation for the County's natural biological and ecological heritage, and for articulating the scientific foundation for a long-term conservation plan. Preliminary work, as described in the NHC's 2006-2007 Report and NHC discussions during the past year, has made clear that a long-term conservation plan can only be achieved by the integrated efforts of the NHC's four subcommittees, and with a strong commitment and support of County staff. Several strategic questions illustrate this statement: · How may priority areas be identified, implemented, and monitored? · To what extent are current conservation mechanisms sufficient? · How may the public better be informed and supportive? · How may conservation decisions be more efficiently made? · To what extent must County staff be involved both in work of the NHC and in efforts to protect natural resources more effectively? · How will County policy shifts influence NHC strategies and recommendations? Accomplishments: The Subcommittee met several times in the past year, and discussed contacting resource scientists and managers at local, state, and national levels to obtain their opinions on how to effectively conserve lands at regional scales. The chairman also contacted legal professionals to determine what "boundaries" and opportunities might exist at the County level in Virginia for innovative land conservation schemes. The committee met with the green ways planner of the Parks & Planning Department to determine ways for NHC to assist in improving newly acquired parklands. Two field trips were conducted. Plans for Next Year: In 2008-2009 the Subcommittee will: · request a legal study by the University of Virginia's Environmental Law Forum on the complex legal issues involved. · explore the NHC's working relationship between Albemarle's Parks and Recreation Department in order to improve prospects for conservation areas within existing and proposed County parks. · conduct a study (possibly an MS student) to evaluate the relative effectiveness of several land protection mechanisms in Virginia (TDRs, easements, federal USDA set-aside programs, etc.) in protecting biodiversity values. 5 Biological Assessment: The overall objectives of this Subcommittee are to: (1) Obtain information on the current status, trends, and threats to key natural resources in the County; (2) work with county planning staff to develop information and tools required to support better land use decisions at a landscape scale; and (3) help develop basic monitoring schemes for selected natural resources that can help reveal trends in resource quantity and quality. Since the NHC began, this subcommittee has been involved in the following: 1.1. Initiate a high-resolution land cover mapping project with local partners. 1.2. Develop additional GIS data layers and analytical methods to support planning staff. 1.3. Explore biological assessment/monitoring programs that might be used to monitor biological resources in the county. Accomplishments: 1.1. To obtain a recent (2006-07) high-resolution land cover map, a multi-agency project was formulated. Several meetings were held with local partners (Albemarle County, The Nature Conservancy, StreamWatch, Thomas Jefferson Soil & Water Conservation District and the Rivanna River Basin Commission) to discuss and create specifications for the project. Results to date: 1.1.1. Alternative methodologies and preliminary cost estimates were developed by working with several vendors. 1.1.2.Additional funding was obtained from the Rivanna River Basin Commission. 1.1.3.An MOU was put in place regarding management of project funds. 1.IA.An RFP has been issued and a contractor will be selected by fall 2008. 1.2. The following GIS data layers have been developed 1.2.1.Forest resources 1.2.1.1. Forest patches> 250 acres 1.2.1.2. Forest patches by size 1.2.1.3. Forest patches by housing density 1.2.2. Water resources 1.2.2.1. Riparian zones (100' stream buffers + FEMA floodplains) 1.2.2.2. Watershed road and structure density 1.2.2.3. Stream segment quality (based on StreamWatch data) 1.2.204. River bluffs 1.2.2.5. Distance to streams 1.2.3.0ther 1.2.3.1. Major soil groups (based on NRCS SSURGO data) 1.2.3.2. Mesoscale landforms 1.2.3.3. Slope aspect and steepness 1.204. Several maps have been generated to facilitate group discussion and support public education activities 1.3. US Forest Service Forest Inventory & Analysis (PIA) database reviewed for potential use in the County; discussions held about creating a forest monitoring network similar to StreamWatch, potentially utilizing master naturalists as volunteers. 6 Plans for Next Year: In 2008-2009 the Subcommittee will: · meet with the contractor of the high-resolution land cover mapping project to make sure that the goals of the NHC are met in addition to those of other County participants (e.g. The Nature Conservancy, etc.). · continue work on the "flag layer" to make sure that sensitive areas (steep slopes, bluffs, wetlands) are mapped into a GIS system and that data are mapped at consistent projections; i.e., forest stands will need to be differentiated between hardwoods, mixed types, and evergreen (mostly pine plantations) as these have very different biodiversity values. . explore opportunities there for a prototype forest or upland monitoring project. Rapid Conservation: The primary purpose of this Subcommittee is to propose sites with important unprotected biological resources as targets for protection, potentially including proposals for conservation plans and mechanisms. The subcommittee also will help in development and public promotion of tools for protection of sites with important biological resources. The Rapid Conservation Subcommittee will propose actions in response to particularly acute, emerging invasive species threats. Multiple cycles of conservation target site proposals to the Board of Supervisors and protection implementation are planned. In early 2007, the subcommittee developed a proposal that called for recognition of six sites in the county with important biological resources as targets for conservation efforts. Sites included wetlands (Campbell, Pinkerton Slash, Preddy Creek), river bluffs (Key West-North Fork Rivanna, Rivanna below Buck Island) and a large forest block (Southern Mountains). These sites exemplify critical site and landscape features identified in the 2004 Biodiversity Work Group Report (Summary Report, p. 10, Table N). Supervisors were receptive to the conservation site proposal and asked the Committee to work on next steps. Accomplishments: In 2008, the Rapid Conservation subcommittee examined several issues related to the 2007 proposals, including transfer of development right programs, the role of core areas in conservation plans and impacts of invasive exotics. Reduced staff support for the Natural Heritage Committee has hampered progress at times. The subcommittee did make significant progress on developing a list of invasive species that threaten biodiversity and have made plans for a brochure to be prepared, in concert with the Education subcommittee. Plans for Next Year: In 2008-2009 the Subcommittee will: · follow up on implementation of the 2007 conservation site proposals. · complete development of a draft letter to landowners (Appendix B). · develop mechanisms for conservation-area land owners regarding conservation goals, sources of technical and financial assistance, and land management guidelines. . begin selection of a second set of conservation sites that further accomplishment of the landscape scale conservation plan. · facilitate development of conservation easements. 7 · provide assistance to Planning staff as a liaison between the public and the County for enhancement of biodiversity conservation Education: The Education Subcommittee was tasked with determining how natural heritage information and activities should best be communicated with the public, and with developing an initial communications plan. Its focus has been to educate citizens about complex biological concepts and conservation strategies using straightforward language. To this end this subcommittee has continued efforts to develop materials that can increase public knowledge about our county's natural resources Accomplishments: This Subcommittee has launched a Natural Heritage website that contains a glossary of pertinent biological terms and concepts, and information for empowering people to support the county's goals to protect its natural resources. The website can be found at URL: http://www.albemarle.orglnaturalheritage. The Subcommittee created and distributed educational materials at the 2008 Earth Day Eco-Fair. It also met with County staff to discuss how the Education Subcommittee can better support county efforts to protect and restore its natural resources Plans for Next Year: In 2008-2009 the Subcommittee will: · update the Natural Heritage website as new information becomes available. · compile and assess educational materials already available that support the County's goals for biodiversity protection. · create at least one new brochure or pamphlet that supports the County's goal for protecting biodiversity 8 III. Current Funding Situation in the County Given the limited support the NHC has received this year, with no support forthcoming in 2008-2009, the NHC has severe constraints on its plans. Actions that the NHC can perform with no funding support from the County: 1. Consult and advise County staff on key functions that affect natural heritage such as ACE, Parks & Recreation management planning and policy, County ordinances such as stream buffers; 2. Continue development and expansion of NHC web site as an educational tool to the public; 3. Consult with other organizations such as TNC, PEC, TJSWCD to assist in identifying areas for protection. Critical functions that the NHC cannot be perform sufficiently due to lack of support: 1. Add information to the developing GIS layers to indicate local and landscape scale features of resource interest; 2. Progress toward land protection even if critical areas/parcels are identified; this demands significant commitment of Planning staff time to serve as a point of contact for willing landowners; 3. Conduct required spatial analyses to reveal critical areal habitat requirements (minimum area concept for certain species); 4. Conduct a study to evaluate relative effectiveness of land-use policies already being applied in Virginia (e.g. Phasing and clustering, Transfer of Development Rights, Purchase of Development Rights, Conservation Easements, Land Trust acquisitions, etc.); 5. Design and implement a monitoring program for selected resources, such as a forest health scheme, expanding the water quality monitoring program of the Rivanna and tributaries, or critical pollinating species; 6. Assess the value of the County's parks and conservation areas key natural resources under different recreational-use schemes (e.g. hiking trails, designated ATV areas, mountain bike trails, exclusion zones); 7. Conducting workshops and publish information to inform citizens about land-use practices in the rural area that enhance biological diversity. In order for the Natural Heritage Committee to fulfill its responsibilities, a minimum level of support is requested to include: 1. a 0.25 FIE in the Community Development Department to serve as a liaison with the public, the NGOs, and the NHC beginning October 2008; e.g., when key resource areas on private lands are identified for conservation, a staff person needs to be the point of contact for information and to facilitate easements or other mechanisms for conservation; 2. a 0.50 FIE in the same Department to maintain and update the biodiversity database as an important ongoing "resources state of the County"; 3. conduct GIS assessments and analyses to determine optimal strategies for protecting landscape integrity and ecosystem services functioning; 4. Funding support (-$2000) to facilitate a workshop among partnering organizations aimed at landowner management to enhance natural resources and biodiversity; 5. Funding (-$1000) for publication of a brochure on biodiversity enhancement and/or managing invasive species. 9 As funding levels permit in the future, the NHC will require substantially more support - equivalent to that dedicated to growth management in the County - to conduct more intensive analyses of landscape conditions and change, design and implement monitoring schemes, research key areas and resource "hotspots" and become involved in more outreach activities. 10 IV. Committee Members and Officers Name Affiliation Anne Bedarf Member, EAT Local Project; Project Manager, Green Blue Institute Mike Erwin (Chair) Professor of Environmental Science University of Virginia Jan Ferrigan (Secretary) Free-lance writer Diana Foster Educator, New Venture Directions, Inc. John Murphy Director, StreamWatch Richard Odom Consulting Ecologist/GIS Specialist Tom Olivier Green Creek Paradigms, LLC; Poplar Branch Farm G. Carleton Ray (Vice Chair) Research Professor of Environmental Sciences, University of Virginia Hank Shugart Professor of Environmental Sciences, University of Virginia Phil Stokes President, Jefferson Virginia Native Plant Society Peter L. Warren Extension Agent, Agriculture & Natural Resources Virginia Cooperative Extension Jason Woodfin Director, Virginia Forest Watch Scott Clark (Staff Liaison) Senior Planner, Albemarle County Community Development 11 Appendix A. Biodiversity Action Plan This document describes major features of a proposed Biodiversity.Action Plan for the biological resources of Albemarle County. The Natural Heritage Committee (NHC) urges that this plan be accepted by the Board of Supervisors. We also ask this proposal be adopted as part of the Albemarle County comprehensive plan during the 2009 update of the natural resources chapter of the comprehensive plan. Comprehensive Plan Basis Albemarle County committed to protect its biological resources in the 1999 update of the natural resources and cultural assets chapter of its comprehensive plan. A stated goal in this chapter is to recognize the importance of protecting biological diversity in both the Rural Area and Development Areas for the ecological, aesthetic and economic benefits of the community. The chapter calls for development of an action plan for protection of biological resources (pages 84-85). Biodiversity Work Group Recommendations The Albemarle County Biodiversity Work Group (BWG), created in 2002, reviewed the state of County biological resources and made broad recommendations for biodiversity protection. The 2004 Report of this group provides a general foundation for the work of the Natural Heritage Committee. BWG recommendations about the plan proposed here are summarized below. The Work Group recommends (Report, p. 74): "the County should develop a biodiversity action plan and subsequent implementation measures that provide means for sustaining the landscape states and ecological integrity required for important ecological services and healthy populations of native plants and animals". Recommended strategies for the biodiversity action plan include: I. Protect and restore large blocks of contiguous terrestrial ecosystems (especially forests) and extensive aquatic ecosystems. 2. Protect and restore the connecti vity of terrestrial and aquatic habitats. 3. Maintain and reestablish multiple representative examples of native ecological community types and sites with physical characteristics necessary for those communities to exist. 4. Protect and buffer ecologically valuable areas and known occurrences of rare species and community types. 5. Recognize and convey the importance of biodiversity and ecosystem services. Provide community education and foster awareness of biodiversity and understanding of its importance. 6. Manage protected areas. 7. Identify opportunities and act on them, or facilitate action by others. 8. Anticipate and address threats. The report identifies possible implementation measures for each of these strategies. 12 Protection of certain landscape features is essential to accomplishment of biodiversity conservation. The BWG report provides a list of such features (Report, p. 78, Table N, Critical Site and Landscape Feature Types for Comprehensive Plan Recognition): 1. wetlands 2. large areas of unfragmented forests 3. steep bluffs 4. lengthy, connected stream/river ecosystems 5. riparian corridors 6. known breeding and roosting areas 7. migration movement routes 8. rock outcrops and barrens 9. sites with known occurrences of rare/out of range species and intact native communities 10. potential native grassland restoration areas. The Albemarle County Natural Heritage Committee is charged with developing a Biodiversity Action Plan (BAP) based on findings of the BWG. The following section is intended as a draft of a policy that could be adopted into the Natural Resources and Cultural Assets plan, in order to establish a clear conservation-planning process for the County. 13 Biodiversitv Action Plan GOAL: Develop, adopt, and implement a Biodiversity Action Plan in order to sustain the landscape states and ecological integrity required for important ecological services and healthy populations of native plants and animals. Key Elements in a BAP A conservation plan for Albemarle County should include the following elements: Scientific Basis The most successful biodiversity plans are those that are solidly based in scientific understanding. Although much research has been done on many species of vertebrates (especially birds and mammals), there is still much to learn about properly managing or restoring plants, and a host of other animal species and their communities. Objective: Improve the scientific basis of ecological sustainability, restoration, and management of critical communities and species. Strategies: 1) Undertake research with partner organizations to address specific local management issues regarding biodiversity. Partner academic institutions could include the University of Virginia, Virginia Tech, University of Mary Washington, and Piedmont Virginia Community College. Potential partners among nonacademic NGOs include StreamWatch and Advocates for a Sustainable Albemarle Population. 2) Solicit funds from local government, NGOs, and scientific funding organizations to support studies of 1-3 years duration that support research needs of the BAP. Mappin2 and Prioritization Using criteria for prioritizing key ecological features (e.g., Citizens for Albemarle, 2001), the charge is to map and prioritize key ecological features that include unusual or rare biota or communities, areas of importance for ecosystem services, sensitive areas (wetlands, tributaries, steep terrain), large forested blocks, etc. Mapping of key features (such as the ten feature types identified by the Biodiversity Work Group) is a first step in this process and the NHC has made progress in that area. In addition, current land cover-land use maps are needed to provide current information before further analysis can be conducted. GIS expertise is critical to both map key elements and conduct spatial analyses to evaluate threats and conditions in the region. Change detection using GIS layers is necessary to determine trends in major landscape features over 5-10 year periods. Good collaborative possibilities exist regarding identification of needed conservation lands. The Virginia Natural Heritage Program Green Infrastructure Project has identified biological core areas throughout the state using their GIS analyses and their records on rare species 14 occurrences. They also have identified possible locations for movement corridors. Project staff has encouraged use of their analyses by Albemarle County. These data already are in use in the Green Infrastructure project of the Thomas Jefferson Planning District Commission. Objective: Identify and locate critical natural resource features, and assign conservation priorities. Strategies: I) Develop a map of landscape areas in Albemarle County necessary to sustain and conserve biodiversity. 2) Seek cooperation in conservation planning with TJPDC Green Infrastructure Project. 3) Support research with partners that would assist in developing or refining algorithms for selecting and prioritizing important conservation areas. 4) Provide at least 0.5 FIE in the Community Development Department to maintain and update the biodiversity database and to conduct spatial analysis in consultation with NHC. Plan Coordination The Virginia Natural Heritage Division Green Infrastructure Program, Albemarle County ACE program and the County Department of Parks and Recreation, The Nature Conservancy Central Piedmont program, Thomas Jefferson Soil and Water Conservation District, and Thomas Jefferson Planning District are some of the programs where close interaction with the NHC could benefit many of the goals of both the NHC and the partner organization. Objective: Coordinate and collaborate with other organizations in the County and Region 10 successfully implement the Biodiversity Action Plan. Strategies: I) Facilitate informal meetings and public forums with selected groups to plan and coordinate efforts of mutual interest. 2) Provide technical services and help draft management plans that serve the overall mission of protecting biodiversity. 3) Sponsor workshops and public meetings, and help develop any new approaches to the easement or TDR programs. Education Much of the concern among the environmental organizations and citizenry is based on the lack of information in the news media on the relationships between biodiversity, the ecosystem services that rely on diversity, quality of life, and long-term sustainability. Expansion of the web site, additional public activities beyond Earth Week, sponsoring landowner workshops, and columns in local news media are some of the means to achieving better natural resource protection. Objective: Educate the public on biodiversity and its value to the community, and on effective conservation. 15 Strategies: I) Expand and support the NHC web site. 2) Sponsor or participate in outreach activities (workshops, the Rivanna Days event, Downtown Mall exhibits, news media and advertising) and help provide resources, materials and planning. Monitoring An essential component of a natural resource program is to determine the status and trends of key resources of interest. This may involve simple, volunteer-based efforts, using current programs such as StreamWatch, more intensive contracts with partners, as well as large-scale remote sensing assessments (e.g. Forest Inventory Analysis by the US Forest Service). Nonetheless, an inherent component in any resource plan is a periodic status assessment at intervals ranging from annual to lO-year. There is at present no large-scale program in the County directed at natural resources besides StreamWatch. Setting up any additional monitoring requires careful design and implementation. There are potentially a large number of volunteers who could be recruited to assist, through the Master Naturalist and Master Gardeners programs. Objective: Effectively monitor the status and trends of key resources of interest. Strategies: I) Evaluate the geographic scope and extent of all programs in the County and region that attempt to monitor plant and/or animal populations or communities. 2) Convene a workshop at Ivy Creek to brainstorm the possibilities for setting up one or more prototype monitoring programs that can be useful in assessing terrestrial resources. 3) Meet with organizers of Master Naturalist and Master Gardener programs to determine the resources available and capabilities of the volunteer network in the County. Management Planning of Natural Resources One of the challenges facing biodiversity conservation today is that landowners who support biodiversity conservation may have little understanding of how to manage their properties to support conservation goals. Conservation easements aimed at natural resource protection should establish some plan for uses of property that support conservation goals. However, even on eased properties there is no certainty that landowners will understand management needs. A strong need exists for educating County landowners on management of properties to promote biodiversity conservation. The management consists of a wide range of issues: controlling invasive species, using Best Management Practices, establishing stream buffers, and, on publicly owned lands, using effective law enforcement to prevent vandalism and illegal activities. Objective: Support land management techniques that conserve biodiversity. 16 Strategies: 1) Work with the local, regional, and state (e.g. V A Cooperative Extension service) to organize forums and workshops aimed at habitat management to enhance biodiversity. 2) Initiate a program of certification to reward conscientious landowners for showing initiatives in conserving biodiversity. Such certificates could be presented in a public forum and the recipients announced in local news media. Implementation Various mechanisms for protection of biological resources exist. Perpetual easements are often favored because they provide lasting protection to resources on a property when the easement incorporates a sound conservation plan. Easements can be combined with purchase and transfer of development rights programs. Objective: Protect identified critical natural resource features 1) Recognize the map oflands critical to biodiversity conservation and the need to protect areas identified in County comprehensive plan. Initially, focus on areas identified in the Biodiversity Work Group report, Albemarle Natural Heritage Committee and Virginia Natural Heritage Green Infrastructure Project proposals. 2) Expand the conservation easement acquisition program to protect lands recognized as critical to biodiversity conservation. 3) Explore local applicability of additional protection mechanisms. 4) Provide at least .25 FIE for a planner to work with easement holders and members of the public interested in establishing easements or other protection measures for biological resources in high priority biodiversity conservation areas identified by the NHC. Restoration A great deal of Albemarle County lands have been degraded since the 1800s due to farming impacts, and most recently, suburban and urban sprawl. Some areas recognized on the map of places important to biodiversity conservation may benefit from restoration activities. Especially on County lands acquired by Parks and Recreation, opportunities to restore are available. The NHC could play an important role in assisting and advising in this capacity in areas where streams have been degraded, in former agricultural areas, former industrial sites, poorly managed forest lands, etc. Objective: Restore degraded habitats. Strategies: I) Identify areas needing restoration and help develop management plans for newly acquired conservation areas for the County. Similar work should be conducted with other environmental organizations to help identify methods and areas for restoration. 2) Establish web-based and other (printed) materials that provide guidelines on proper restoration techniques for forests, fields, stream corridors and wetlands that would be useful to landowners. 17 References: Albemarle County Biodiversity Work Group. 2004. Albemarle County Biodiversity. A Report on its History, Current Conditions and Threats, with Strategies for Future Protection. Charlottesville, Virginia. Citizens for Albemarle. 2001. Principles, Criteria and Guidelinesfor Ecologically Valuable Areas: Identification and Selection. Charlottesville, Virginia. 18 Appendix B: Draft Letter to Landowners <date> <landownecname> <landownecaddress> Dear <landownecname>: Albemarle County recently recognized six areas of the County that are particularly rich in native biological resources. The recognition of these areas is part of a County effort to preserve our open spaces and the natural resources they contain. We encourage landowners in these six areas to manage their properties in ways that promote biological resource conservation. In addition, we urge landowners to consider placing their properties in conservation easements. Our real estate records indicate that you are an owner of a parcel (parcel_identifier) in the <conservation_area_name>, one of the areas recognized for its biological resources. We hope you will support the County's efforts to protect natural resources. An enclosed pamphlet provides information on County biological resource protection goals and sources of information. If you like, visit the web site www.albemarle.org/naturalheritage or contact Scott Clark in the Department of Community Development ( sclark@albemarle.org or 296-5832, ext. 3325 ). Information on management of parcels to protect biodiversity is available at <conservation_managemenc web_link> Sincerely, < name of BoS chair> Chairman Albemarle County Board of Supervisors Encl. 19 . the Jm1rney Through Hallowed Ground Presentation to the Albemarle Board of Supervisors Update on the business plan and intentions of the Journey Through Hallowed Ground Partnership Since May 4, 2005 Briefing 540.882.4929 HallowedGround .org . l . The Journey Through Hallowed Ground The Journey Through Hallowed Ground Partnership From Gettysburg, P A To Monticello, VA Along The Old Carolina Road 175 Miles long And a 4 State Partnership to hare.. . Where America Happened 540.882.4929 HallowedGround .org . J , The Journey Through Hallowed Ground Where America Happened The Largest Collection of Civil War Battlefields in the Country: Gettysburg, Monocacy, Antietam, Sharpsburg, Harpers Ferry, Balls Bluff, Cedar Mountain, Chancellorville, Brandy Station, Manassas In addition to : The French and Indian War The Revolutionary War The War of 1812 540.882.4929 HallowedGround .org . J . The Journey Through Hallowed Ground ................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :.; :+:+..:...:.... ..,.... "':'"':'""'""'""'"""':'""':+:+:+:' "':';';:;'*:7~*:+::l:::i';:~::'~*:7";:;::7':*:7";'*::;:;: !~!!:~~1;j.ilii~1BIIIII~t~II~~ ..~.~lllImllilils~:~ll~ Where life happens every day of the week... as Communities celebrate their unique Character 540.882.4929 HallowedGround.org > . The J0urney Through Hallowed Ground Gettysburg, Emmitsburg, Frederick, Thurmont, Leesburg, Middleburg, Purcellville, Hamilton, Warren ton, Culpeper, Charlottesville, Orange, Gordonsville, Charlottesville... 13 National Park Units & State Parks" ~;"~ '. Appalachia Tr!lil, Fur~ace Mountain, C.atoctiri' Mountain.Park,'Getty'sburg, Shenandoah 540.882.4929 HallowedGround.org . ; . The J0urney Through Hallowed Ground Intrinsic Resources One of the Country's Largest concentrations of Rural Historic Districts .... Intrinsic Resources Vineyards & working farms 540.882.4929 HallowedGround.org . . The Journey Through Hallowed Ground Economic Resources Tourism is the Largest Industry in the Corridor. Numerous Scenic Landscapes 540.882.4929 HallowedGround.org . . The JE>urney Through Hallowed Ground 540.882.4929 HallowedGround.org . . The JGurney Through Hallowed Ground Outcomes for 2008 National A Wq~~1;1eSS Campaign .. "" . ~,r;f~~~~:j.::. Educational Outreach ~Progranis x~ :~n ~..~i~~, f '~;~~~"'}::~' . ;:~:-_"<~:~.,, ~ ~:(1b'''' ~,jj~~fional 'Herita~: Are~;R,~:~ig~atiqn,,,:' .~~~;?j~~~ ~ '*." "',,;>; ,":><:':~~." :t'~' )~? 1;g~.; '-;(:.-"2':; ~ :;<,':;'>: ~". ,.~<,!~,'~" - ". ',- -~: --. '><: ~;1 '-' :; ;..,,,, 540.882.4929 HallowedGround .org . The J0urney Through Hallowed Ground Who's Involved - A Sampling List of State Leaders Pennsylvania G R d II -Governor Warner - overnor en e . 'i ".' . ,j " - Senator Warner -SenatorCaslW . .. S All "'i'.'~~ o - enator. en,: -Senator Specter ,'" ""'-'" ::." ,-, , ,.-Senator Webb~;;;;, -Congressman Platts C . '),J'B' . h - ongressman ouc er' . , ,~Congresswoman Schwartz C C . Maryland in: - ongressman antor. :"G" ,', Eh l"h -Congresswoman I?avls ,! overnor r IC C ..,.- . . , D' . =...,,,...,,,,,,,,,,,,,,. ~,'.,".-ongressman aVlS {''' ...~''''".".... 'Malle '":i.., " .Cpngr~l'sIIl.ap. Moran ':.x...~ ;"~; ,~:',::';,__1!Ji' ~'?"" '"!'-" ",,;-Congressman Scottl'~~' -~ M~l'ti~Sbte/National -The National Trust I: .,'d" ic,,~ -Akin Gum """,,,,, 1.1#. ~ I(~: The JTHG Board of Trustees Chair Arthur Arundel, Chairman Arcom Peter Brink, Sr. Vice President NTHP Kevin Fry, President Scenic America John Fieseler, Frederick County MD Gilbert Grosvenor, Chairman: National Geographic Society Bill Kough, Vice President Adams County National Bank Cheryl Kilday, President: Loudoun Convention and Visitors Association Kathleen Kilpatrick, V A Chris Miller, President: Piedmont Environmental Council Don Pongrace, Partner: Akin Gump David Williams, Esq. Melissa Young, VP Thomas Jefferson Foundation 540.882.4929 HallowedGround.org . The J0urney Through Hallowed. Ground The JTHG Board of Advisors Board of Advisors Bill Backer Bessie Carter Susan Eisenhower Dan Jordan Cornelia Flagg Keller Nick & Mary Lynn Kotz Dr. John Latschar Jacqueline Mars Ron Maxwell Ed McMahon Richard Moe Kristin Pauley Frederick Prince The Leadership Council 540.882.4929 HallowedGround.org . The JGurney Through Hallowed Ground National Parks Superintendents Committee National Park Service Summit 13 National Park Service Superintendents Support collaboratively plan fo the 150th Anniversary of the Civil War To increase visitation to all National Parks · CreatingLesson Plans, Teacher Training Programs · 150th Civil War Programs to broaden the Perspective 540.882.4929 HallowedGround.org . The JGurney Through Hallowed Ground African American Heritage Standing Committee Summit: November 15, 2007 Frederick, MD JTHG has been awarded our SECOND VFH matching Grant for African American Heritage Interpretation - Requires Matching Funds 540.882.4929 HallowedGround .org . The JGurney Through Hallowed Ground Main Street Standing Committee 15 Communities who are choosing to work together to sustain the Cultural fabric of their communities. Outcomes for 2008 1. National Awareness Campaign 540.882.4929 HallowedGround.org .The Journey Through Hallowed Ground Awareness -- Heritage Tourism Cooperative efforts to create -- 100,000 Visitor Center Maps Visitor Brochures (-~ rl ~Ytl 'CrH' d~/tl'l 81h P-..,,", , TO WHE~J./~-\MERI~:-\ JTH<iO~~~t. .'/tajJpC!1ffri! ' ' .:7:!!!f! :"g::;'~E-~~~~~:~;F~~;S:':.=,;::~7::: !~t~li:!~I~;J 540.882.4929 HallowedGround .org . The JGurney Through Hallowed Ground V oice of America TV PBS Special Program National Public Radio Editorials from Vermont to Fredericksburg Outreach and Education NTHP/JTHG Community & Countryside Workshops 540.882.4929 HallowedGround.org .The Journey Through Hallowed Ground The JTHG Guidebook: Sold over 3,000 copies Hallowed Ground: Sold over 9,000 copies 540.882.4929 HallowedGround.org .The Journey Through Hallowed Ground National Geographic Society's Journey Through Hallowed Ground The Birthplace of the American Ideal Foreword b Geraldine Brooks 540.882.4929 HallowedGround .org .The Journey Through Hallowed Ground The Birthplace of the American Ideal Sharing the Contributions and the stories of all cultures September 16th National Geo LIVE' 540.882.4929 HallowedGround .org . The JGurney Through Hallowed Ground National Research In preparation of the 150th Anniversary of The Civil War Which of the following words and phrases (if any) describe The Journey Through Hallowed Ground? (Please select all that apply) Survey Question 26: Base = 600 completed surveys. 540.882.4929 Hallowed Ground .org .The Journey Through Hallowed Ground Considering what you currently know about The Journey Through Hallowed Ground, please use a five-point scale where 1 equals "Strongly Disagree" and 5 equals "Strongly Agree" to evaluate the following statements. Percent of respondents selecting "4" or "5" 540.882.4929 HallowedGround .org .The Journey Through Hallowed Ground Anniversaries 2008: 250th Birthday of James Monroe 2009: 150th Anniversary of John Brown's Raid on Harpers Ferry 2011-2015: 150th Anniversary of the Civil War 2012: 200th Anniversary of the War of 1812 National Geographic Book Signings: Gettysburg to Charlottesville VA August 23rd raffiti House 540.882.4929 HallowedGround .org .The Journey Through Hallowed Ground National Geographic Book SigniD!!s and Lectures Prince Michel Vineyard May 17, 2008 June 6, 2008 June 17. 2008 June 26,2008 June 22, 2008 July 26, 2008 August 23, 2008 Purcellville Centennial Celebration Warrenton First Friday, Uberty Museum Treasury Executive Institute Gettysburg Festival, The Spot Bookstore lecture Grace Episcopal Church Graffiti House 2008: 250th Birthday of James Monroe 2009: 150th Anniversary of John Brown's Raid on Harpers Ferry 2011: 150th Anniversary of the Civil War 2012: 200th Anniversary of the War of 1812 540.882.4929 HallowedGround .org .The Journey Through Hallowed Ground BrandedJTHG Tours To Increase Continuing Learning: Osher Institute Tour The COMING STORM Photographic Safaris with Ken Garrett Executive Leadership Training 540.882.4929 HallowedGround .org .The Journey Through Hallowed Ground Innovative Digital Medi G and Discovery/Ant nna ANTE N NIAluDIO t.i) Audio and Visual GPS Travel Guide programs Garmin .Annllal Meetin !\1ontpebll~ ;,." ;~i",< ,?;i L J:)ar~~i~~~u.!lt,~gh'Key Note Address 540.882.4929 HallowedGround .org .The Journey Through Hallowed Ground "God bless you for what you are doing with this marvelous achievement. This is a Big Idea! This is an example for the country and it can change the way we are teaching our children; to right a situation that needs correcting as soon as possible. The JTHG is one of the greatest schools, one of the greatest seminars, one of the greatest graduate schools of American history anywhere in the country." David McCullough May 1,2008 540.882.4929 HallowedGround.org .The Journey Through Hallowed Ground :._~"he Exfreme~J~THGM,SJl"mm~,r;Camp Your Mission You have been recruited because of your superior skills, you have been drafted for a leadership quest and the mission is complex, but we know you can do it! 540.882.4929 HallowedGround.org :rhe Journey Through Hallowed Ground f'ahe,Ext(eme:JTHG ~~1!~p1er!Camp . ~ .' 540.882.4929 HallowedGround.org .The Journey Through Hallowed Ground 540.882.4929 Hallowed Ground .org ;rhe Journey Through Hallowed Ground Education: T~!lchers take the Journey ;:.;t ,~ .{~ :~,' _,;;~;_.~ n_,..[j: Comm~q,ity <;;olleg~;€oijrse'\- .: . ,~ '__ 1',- ~...." ~c,",.,c:. The teachers experience the Journey and develop lesson plans to make it easier for other teachers to share the Lessons in leadership with their Students Educational Pro tams VA Tech and UV A Graduate Courses on the JTHG 540.882.4929 HallowedG round .org , :rhe Journey Through Hallowed Ground h_,..,.~t"'....or.N_ :;............_...c:_yRfl -'~.$~'~-~ ~...-_---- ~._'!!>d_...h_.. "if l>c<o'...t<o~;,:_."'_",hC-($<>u'. .>>t;,...~"*",",MC!""""-'1Io_.""" _/Wt"fT.~~Q<llUlIl __~_~~ItU_.._ Z!I_..1~__"""~,,, ,,-~-.,;.............-... ~1("(_,>""",?:"n;~~,,'9'" j;"I":J<<~"'~ -n-.*"'......-..t_.~"..... n.....r~.....,...-.....'""~..all __....liolo:o._.......-:___-'>.IWlIbo"""'~.1'Ill'J '"l'o<"N....,..oM..,lwo........_a>l!.....(\9~..l!_-.>t'~ ~lloool;~o(~'fl""'-~..__.a~_ IAeklatil3l1 to [lIUbl>>h R~Ma as ~.oon.tTnllt "",_-Tluo S.."*'''JH'rlI~...... Joufter"'o.e.f"tlWrit'a'll1~OIt b". h_ I.. We*'.-<<" ~ 1<1 EftlSall"rfoIf JflsUIrw Pw..~ ==~~";'::.=..~It-'~",,*,,"fl'<!IN~ot"':tI'l."-"l_1Ol ~~~~~O;;:',::.~ :::::;'::::;..~~~~ _.w1lf~"<~~","*, ~~41C;'~(""'''d''''b*" .......,.,__....,____....0"'" 2CtSo;aof4.'t'>C<u'l 11 ~E~.~ ~"~~fl~~=" :.:::"- -......!~A'".l..",.._"'_ ..~lf>t_'5Ull'~...~ .rc.~__~._I.-<t =~C_ Website Created an Educational Tab Lesson Plans Field trips Outcomes for 2008 1. ational Awareness Campaign t 2.~ucational Outreach Programs 3. Obtain National Heritage Area Designation 540.882.4929 HallowedGround .org ;rhe Journey Through Hallowed Ground >" NationalHe~.!~~>s~~~~!~a. 1.;-;," ,: ."''(~~:~~':''-.~f' '~~; :~ · Jan. 5, 2007: Legislation introduced in the House by Congressman f, with Congress members, Cantor, , Davis, Davis, Scott, Platts, Capito, Po ong others. · J an 12, 7: ation introduced in the Senat Warner, with Senators Webb, ikulski, Rockefeller Specter and Case ~~~l.lil~~~lIi!.ilil~'ji.lllM~~ilii~~~]lllilllill~lilllilllilllilllilll!l1~~~~~~~~~~~~~lI!i~lllIlllIlllIlilllllllj[~]ll ;.: "~~N ational Herita · October 23, 2007: The House Bill was passed ~elebrating America's age Act (H.R. 1483), including The JT ational Heritage Area · 37 passed the Senate with · April 29, . S. 2937 passed the House with a vote of 291 0 117 . 540.882.4929 HallowedGround .org ~ ;rhe Journey Through Hallowed Ground What does the JTHG National Heritage Area mean to us? The Legislation authorizes up to $lm/yr Matching funds for 15 years $1- to -$1 - Heritage - Education -Tourism - Awareness 540.882.4929 HallowedGround.org . . ;rhe Journey Through Hallowed Ground Next Ste~ We will create a Management Plan, . building upon the JTHGP business plan to include the vision and needs of each community. Based upon the recommendations of each of the Standing Committees Secure Funding from Congress Outcomes for 2008 ational Awareness Campaign 2~ucational Outreach Programs . 3~tain National Heritage Area Designation Now, complete and execute Plan National Scenic Byway Status 540.882.4929 HallowedGround.org . ;The Journey Through Hallowed Ground 540.882.4929 HallowedGround.org The ipso facto outer beltway. . . Yet it could be otherwise, . If we work together now, We can Plan for growth and create a Journey, WHILE preservIng our Cultural fabric and celebrating our unparalleled heritage. . The Journey Through Hallowed Ground Corridor Management Plan -March 6th: Issued an RFP - Selected Lardner Klein -26 Community Meetings and CMP Advisory Committee meetings May 17, 2007 Rt. 15 in VA was designated State Scenic Byway NEED assistance in P A to designate Rt 15 540.882.4929 HallowedGround.org ~ . The Journey Through Hallowed Ground eor~ridor ,Mana ementPlan Sept 10, 2007 Community Input Session "~~' Coiridop- !Mana ementPlan Advisory Committee Meeting :;;1- j" .,~ ~~ Middleburg, VA '.. -, 540.882.4929 HallowedGround.org ~ ~ .The Jo.urney Through Hallowed Ground ?? C'orridot: Mana ement Plan 26 Community Input Sessions C"orridop ,Mana ement Plan 540.882.4929 Hallowed Ground .org ~ .. Jhe Journey Through Hallowed Ground Corridor Mana ementPlan May 20, 2008 Community Input Session Culpeper, VA ," "0 Corridor Mana ement Plan ay 21, 2008 Community Input Session Prince William County, VA 540.882.4929 HallowedGround.org " . Jhe Journey Through Hallowed Ground 540.882.4929 HallowedGround.org . ... The Jo.urney Through Hallowed Ground · Partner Governing Bodies will review final CMP and be asked to pass Resolutions in Support · Our application will be complete and submitted on Schedule · Designation will be determined by FHW A ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ational Awareness Campaign 2~ucational Outreach Programs 3.~tain National Heritage Area Designation National Scenic Byway Status Create a Socially Responsible REIT 540.882.4929 HallowedGround .org . .. The Journey Through Hallowed Ground Three Overarching Themes Describe this Region... 540.882.4929 HallowedG round .org .. . Jhe Jo.urney Through Hallowed Ground 540.882.4929 HallowedGround.org L. Preston Bryant, Jr. Secretary of Natural Resources Joseph H. Maroon Director COMMONWEALTH of VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION 203 Governor Street, Suite 302 Richmond, Virginia 23219-2010 (804) 786-6\24 Fax: (804) 786-614\ RECEIVED SEP f) 3 2008 County of Albemarle County Executive's Office August 27,2008 Mr. David S. Ekern P.E., Commissioner Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 Subject: Virginia Byway Designation for Roads and Road Segments in Albemarle County and the City of Charlottesville Dear Commissioner Ekern: At the request of The Journey Through Hallowed Ground Partnership, routes in Albemarle County and the City of Charlottesville were evaluated for eligibility to be included in the Virginia Byway System. This is part of the continuing effort to get National Scenic Byway designation for the entire Journey Through Hallowed Ground corridor in Virginia. A review team composed of personnel from this Department (DCR) and the Virginia Department of Transportation (VDOT) reviewed the roads and determined that those listed below meet the adopted criteria for inclusion in the Virginia Byway System. As recommend by VDOT, due to the short time frame necessary for having the road corridors designated before applying for national designation, DCR recommends designation contingent upon receipt of resolutions of support from each locality. The Albemarle County Boards of Supervisors and the Charlottesville City Council will need to pass resolutions endorsing the designation of the roads prior to adding these roads to the Virginia Byway System. The route segments, as identified on the attached map, meet the criteria for Virginia Byways. It is anticipated that Albemarle County Board of Supervisors and the City of Charlottesville Council will pass resolutions endorsing the designation. Therefore, under the provisions of Section 33.1-62 of the Code a/Virginia, I recommend that you present the roads described below in Albemarle County and the City of Charlottesville to the Commonwealth Transportation Board for consideration as candidates for addition to the Virginia Byway System, upon receipt of the necessary resolutions. · Route 729 (Milton Road) - from the intersection with Routes 22 and 250 to the intersection with Route 53 State Parks. Soil and Water Comervation . Natural Heritage. Outdoor Recreation Planning Chesapeake Bay Local Assistance. Dam Safety and Floodplain Management. Land Conservation Mr. David S. Ekern P.E., Commissioner August 27,2008 Page Two . Route 53 - From the Fluvanna County Line to the intersection with Route 20 . Route 20 - from the intersection with Route 250 east of Charlottesville through the City of Charlottesville to the intersection of Interstate 64 south of Charlottesville Please contact us if additional information is needed regarding this proposed designation. Sincerely, Joseph H. Maroon, Director Department of Conservation and Recreation Attachment cc: The Honorable Dave Norris, Mayor of Charlottesville The Honorable Lindsay G. Dorrier, Jr., Scottsville District, Albemarle County Board of Supervisors .Robert W. Tucker, Albemarle County Executive Gary O'Connell, Charlottesville City Manager Allan Sumpter, VDOT Charlottesville Residency H. Wade Chenault, VDOT Local Assistance Division Pamela Liston, VDOT Local Assistance Division Erica Jeter, VDOT Local Assistance Division John Davy, DCR, Division Director, Planning and Recreation Resources Robert Munson, DCR, Planning Bureau Manager Lynn M. Crump, ASLA, DCR, Environmental Programs Planner ..r "'- I~ ......" \ ~ \::g ",-- \. 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I ,J'--- " -_.) ."'-.;, ',' .... . -Ci,,} -. / .~b..'-" . .,--~. ....--"~.\., / , \ '\ ,", . -";.~"'~ '-', -i Claudius Crozet Park . Established in 1957 . Community Owned (Claudius Crozet Park, Inc) . Volunteer Board of Directors . Non-profit (501-( c)-3) . Serving the recreational needs of Crozet . Long-standing partnership with Albemarle County Parks and Recreation -i Claudius Crozet Park Pool 1 ~ . 8-lane 25 meter pool . Handicap accessible zero-depth entry . Only pool in Albemarle County that is open to the public . Financial assistance provided through Albemarle County Social Services . Construction was partially funded by Albemarle County in 1996 Crozet Park Pool ~. Swim Meets 2 , Learning to Swim , Existing Aquatic Programs . Recreational Swimming . Competitive Swimming . Lap Swimming . Water aerobics . Swim lessons . Pool rentals 3 . ~ Recreational Swimming ~ Additional Programs in Planning . Year-round recreational swimming . Year-round lap swimming and aerobics . After-school aquatics programs . Western Albemarle H.S. Swim Team . YMCA Swim Team . Aquatic Therapy . Verbal commitment from Piedmont Family YMCA to operate a satellite branch facility 4 . ~ 2008 Crozet Gator Swim Team . 5 1 2 3 Cuttunll arts/community center Community organic vegetable garden Dancing actiVities (appeared twice) AthletIC fields Charter school/Private Schoot Community ~rket Satellite school Movie theatre/coffee house Venue for musIc Outdoor entertainment Incluaive/diverse use Solar/geothermell green Recycling center Classroom space UVA scientjfic center Thrift slore T_n center Multi-use revenue producer Meeting room for _niora Sport5 fIeld; oriented for teens PoliCe _1.lIite off.ce Solar generation park YMCA branch/aports use Classrooms for PVCC, Jill, & CATEC Children's actiVIties Key Number of dots placed on idea Dots placed on simillllr idea on list 40 PriOrity Indicated by number of dot.. placed by citizen participanta '0 60 70 ~ Notes: 1, Each participant received 20 dots to place adjacent to ideas they considered to be high priorities. 2. Ideas receiving les. than 5 dots do not appear on this chart, but are listed in the Appendix 4 . Results from the Satellite Location - June 20th, 2008 Number of check marks received Top Ideas from Visitors 30 40 library 32 Multi.use cultural center 22 Community center 11 Senior activity center 10 Teen center 8 Art center 6 Center for children and adults 5 New public elementary school 5 Boys and girls club 3 Sports fields 3 Museum with local history 3 Daycare 3 Public school (5-6 grades) 2 Computer center 2 Tech school 2 Key Number of check marks ~ Similar idea on list Notes: 1. Check marks indicate number of others who agreed with this idea. 2. Ideas receiving less than 2 marks do not appear on this chart. but are listed in the Appendix TabI~l R_Conceptl Rankt-dfroru CiliunJnrur. Worbbop- June2ht. 2008 - Old CJQur School Reuw Study. Allwmarie County. Virginil FI.....r'.Mub1& Cou.."Ol1',"& TftIlC""rn& RK}'t"ling!!'w>brl c........Il;t'<CcIlIa AoM.,io,;t'",loI, l't....~s...J....,s C.kuno1A...c.:", SL.l'l:I'..1r. Wind H.~ F....in.iGrooo...J ~!.. ... - ". - IilI go ... ('/'.. ~ ^ !" ..' . U:'. '~'.~. ,. -~'!f: , ;~ ;0::....:: ": t:)-' ,..~ (..--, F/'o.,. ~ :l~ ..-. ~. . I I.; ~ ~~L--...Ul ~;J .!: SumherofD.l.R..,n-ed 34 30 28 c.ooo...oo___", ~_._- llw><alI_'__' """'..-.- ---.- -.- -............-. ---...- --- ~o,CO,_... e.-_" ovcc Al.'CATK M__ c......._...._ -....-- ----... - PrrnreJCAnu /NurJIlnCJJi7,lnln III -- ,...-"- -- , l (, - - - c , ... ;0..... <- .~ - - 5 . I \ 6 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Old Crozet School Reuse Study AGENDA DATE: September 3, 2008 SUBJECT/PROPOSAUREQUEST: To present to the Board of Supervisors the results of a community workshop study to receive input from the Crozet community identifying their preferred future use of the Old Crozet School ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: LEGAL REVIEW: Yes REVIEWED BY: r STAFF CONTACT(S): Messrs. Tucker, Foley, Kamptner, Shad man and Ms. Catlin ATTACHMENTS: Yes BACKGROUND: The Old Crozet School (the "School") was built in 1924 and was used as a public school until 1990. From 1991 through 2007 the Charlottesville Waldorf Schoo/leased the facility. In 1997 an adaptive reuse study was conducted by UVA engineering graduate students. A recent review of that study revealed that the information was outdated and lacked citizen input. More recently, during the process of selecting a site for the new Crozet library, several sites were considered, including the School, and much discussion was generated between County staff and the Crozet community. When the School was not selected for the new library, members of the community expressed their desire for staff to consider it for other potential uses. Many members of the Crozet community feel that the School has a genuine connection to the history of the community and that the County has an obligation to examine the feasibility of other potential uses for the School as part of the overall Crozet revitalization effort. A staff committee was formed with individuals from the County Executive Office, Community Development and General Services to plan a process to engage the citizens of the Crozet community to receive their input on how the School should be used. STRATEGIC PLAN: Goal 4: Effectively Manage the County's Growth and Development. Master Planning Directional Statement: "Adapts and reuses sites rather than abandoning them." DISCUSSION: The County hired PMA Architects and Planners, Inc. to conduct an open community workshop, to take the information gathered, and to summarize it into an unbiased, readable report to be presented to the Board. The Study was not meant to be an all inclusive, comprehensive study considering all potential uses, but the results of discussion between Crozet community members and County staff regarding their ideas for potential future uses of the School. A two and one-half day work session was held at Western Albemarle High School with PMA and County staff facilitating lively and interactive discussions with community members. Opportunities for public engagement were also set up through email and the County website, and the Committee staffed an off-site table at a local grocery. Approximately 86 citizens attended the workshop and approximately 200 additional comments were received and included. The attached report (Attachment A) sets forth the results of the workshop. A cost estimate of the most highly favored use is included in the report. Jeffery Stodghill of PMA and his staff will present an overview of the process and answer questions. Following is a summary of the consultant's recommendations arising from the community workshop: o Proceed with the community center concept (various options of which are detailed in the attached study report), which is the preferred and recommended use by the community; o Conduct further study to explore possible community center uses; o Proceed with a study that would define the building and site environment conditions and engage the community to identify specific community center programs, including staffing and budget requirements. BUDGET IMPACT: A project definition study would be the next appropriate step if the Board wishes to pursue the possibility of converting the School to a community center. This study would refine the program elements of the community center concept AGENDA TITLE: Old Crozet School Reuse Study September 3,2008 Page 2 and provide a more in depth environmental investigation. It is estimate that a study of this kind would cost approximately $150,000, depending on the specifics of the study. RECOMMENDATIONS: Staff recommends that the Board acknowledge the preferences of the Crozet community as reflected in the final consultant report and forward the study on for further staff analysis through the CIP process. This analysis will include consideration of the community center concept in light of the needs identified in the Crozet Master Plan and the Community Facilities Section of the County's Comprehensive Plan. This additional analysis is part of the normal process for considering the establishment of new facilities and may provide further guidance on potential uses for a community center. ATTACHMENTS PMA Study Report Public Participation Summary Albemarle County Government Crozet Old School Reuse Study Summary of Public Participation Activities Quick Facts: Crozet Old School Community Workshop -Number of workshop attendees: 86 -Number of unique ideas gen- erated from workshop: 61 -Number of citizens engaged at local Great Valu store (formerly IGA): 197+ -Number of unique ideas from Great Valu effort: 63 -Number of comments re- ceived through the County website: 27 -Number of flyers distributed: 800+ -Number of notices mailed to Crozet citizens: 2078 -Number of Amail notices sent to Crozet emaillist: 1174 October/N ovember 2007 - RFP Phase A Citizen/County staff com- mittee was formed to select a consultant to conduct the Crozet Old School Reuse study, following the County's RFP process. The committee reviewed and scored proposals sub- mitted in response to the County's RFP, interviewed finalists, and selected PMA Planners + Architects to conduct the study /lead the community input process. Meeting Dates: 10/9/07, 10/24/07, 11/13/07 to com- plete the RFP Phase of the study. August 2008 Study Phase of the Project Community Workshop Overview April 2008 Mter the contract with PMA was completed, the Old School Reuse Study Committee was reconvened and expanded to include a broad range of citizen and County stakeholders with a new charge for the study phase of the project: . Work with staff and con- sultant on appropriate ways to engage the gen- eral Crozet community in the Old School Reuse Study/serve as important link with the community . Respond to study results, give feedback as re- quested . Communicate with and share perspectives Com- municate with and share perspectives from the groups represented andJ or reflect concerns and issues of the community and affected stakeholders · Work with staff and the consultant on providing guidance for the final recommendations staff and consultant will be making to the Board of Supervisors · Meeting Dates: 4/18/08 and 5/12/08 to review the Public Participation Plan and provide guidance on outreach for the commu- nity workshops to be held 6/19/-21; 8118108 to review the draft report and provide comments to PMA. May-June 2008 Outreach for Community Workshop June 19,2008 Committee Tour of the Cro- zet Old School June 19-21 Albemarle County spon- sored a community work- shop, conducted by consult- ants PMA Planners + Ar- chitects, to provide an opportunity for the Crozet commu- nity to identify potential new uses for the Old Crozet School building and site. Ideas were also submit- ted through the County's website. June 20, 10:00 a.m.-6:00 p.m.; June 21, 9:00 a.m.- 3:00 p.m.: Citizens had the opportunity to drop in and discuss their ideas with PMA in a less formal set- ting. During this time, PMA architects were also working on conceptual drawings representing how citizen ideas and priorities might fit together in the building/on the site. June 19, 7:00-9:00 p.m. kickoff: PMA gave a brief overview of the project, along with examples of successful school re-use projects in other communi- ties around Virginia. Citi- zens then worked in small groups to brainstorm re- use ideas specific to the Crozet Old SchooL As the small groups shared their ideas with the larger group, PMA listed the ideas on large sheets of paper and posted them on the walls around the room. Mter the unique ideas were shared, recorded and posted, citizens used dots to indicate their favorites. June 20,10:00 a.m.-5:00 p.m.: Members of the Old School Reuse Study Com- mittee solicited ideas from citizens shopping at the local Great Valu (formerly IGA). June 21,3:00-3:30 p.m.: PMA conducted the final workshop activity, present- ing conceptual drawings of community ideas/priorities back to the community. Citizens used dots to select their favorite concepts. June 25: Community input from workshop posted on County website: www.albemarle.orgl old school CROZET OLD SCHOOL REUSE STUDY PAGE 2 Summary of Outreach Activities . Developed Flyer (over 800 dis- and other locations around . General Crozet project update tribute d) Crozet and given to local or- mailed to Crozet residents, to . Flyer posted on Crozet Post ganizations and churches include Old School Commu- Office County bulletin board . Flyer copied by Crozet Ele- nity Workshop (2078 notices . Flyer posted on County web- mentary and sent home with mailed) site children in "backpack express" . Press release to local newspa- . Flyer emailed to committee . Workshop notice included in pers, TV stations for email distribution Henley M.S. and Crozet Ele- . Appeared in RealCrozet blog, . Flyer emailed to Crozet Com- mentary PTO newsletters Crozet Gazette, The Daily tnunity Advisory Council . Workshop notice posted on Progress, and on TV News . Flyer emailed to Crozet Com- County Website: on Crozet Channels 19 & 29 munity Association president home page, Old School web . Listing in CoVille online . Flyer copies mailed to commit- page, County main calendar events calendar tee for local distribution . Ad for Community Workshop . Committee Table at Crozet . Additional 250 flyers mailed in June issue of Crozet Ga- Great Valu (formerly IGA) on to individual committee mem- zette 6/20 to invite community ber for distribution . A-mail notice to Crozet email members to workshop and . Flyers posted in the library list (1174 A-mails sent) gather ideas/priorities Purpose of Outreach To invite Crozet citizens to the Old School Workshop 6/19-6/21 and encourage them to contribute their ideas and priorities Photo Gallery ~Ka::-~nl rt..~ I Jld<< fUl4t' ')C huot I.~. ...~... ... .. :........ .....: ...... .... ' ...... I.... -'" ... ... ' .... ... ... . .. ~- .. . ";' -p...o...-. .. .. .. .... . r~} .... ... " .. ...'" . . .. '\ ,.-. . . .. ... ~, .. .... .,~" . . .... ,- . . ...... ' ..,.~;f . . ...... "'~ ... .:..... .,- ... :..::... .0" , .. . . . . . . . To gather community ideas and priorities for reuse of the Crozet Old School .. ../" t.. :>-k I...... <;,,,,,,.:1)4 ~J .,..,.........'AIo.........lI' '-~!(t - ...... Project Contacts Old School Information: George Shadman . 434-296-5816 Public Participation Process: Lee Catlin . 434-296-5841 A Publication of Albemarle County Community Relations: 434-296-5841 I ~ I I I ~ II I 'I I I I I I I I I I II I II The Old Crozet School Re-use Study County of Albemarle, Virginia ~~m..:'.' ~I; _~ .' "-~~ ;,t:' " .; , . I I I .1 I I I I I I I I I I I I I I I ALBEMARLE COUNTY, VIRGINIA ! . I. '. I I Q I I !e !. \. I C I~ II I I I I I I OLD CROZET SCHOOL REUSE STUDY . Table of Contents List of Figures & Tables Credits and Acknowledgements Section 1 - Executive Summary Section 2 - Existing Building and Site Section 3 - Gathering Citizen Ideas and Prioritizing Concepts Section 4 - Analysis of the Preferred Concept Appendix A - Methodology for the Workshop Appendix B - List ofIdeas generated by the Workshop Appendix C - Photographs of the Concepts generated in the Workshop Appendix D - Cost Analysis of Preferred Concept PMA PLANNERS + ARCHITECTS www.pmaincl.com 11 page 1 page 3 page 8 page 22 OLD CROZET SCHOOL REUSE STUDY .~ d~~ I ALBEMARLE COUNTY, VIRGINIA List of Figures & Tables Figure 1 - Frant Elevation drawing of the Old Crazet School, Crozet Virginia, 1964 Figure 2 - Aerial Photo of Old Crazet School Site, Source: Albemarle County GIS Figure 3 - Existing Building Plans Figure 4 - West Elevation of the building Figure 5 - South Elevation of the building Figure 6 - Photograph of Citizen Workshop,June 19th, Figure 7 - Open House Work Session, Citizen Review of the Concepts Figure 8 - Community Center Concept Figure 9 - Farmer's Market & Gardens Concept Figure 10 -Athletic Fields & County Offices Figure 11 - Private School Concept Figure 12 - Cultural Art Center Concept Figure 13 - Teen Center & Skate Park Concept Figure 14 - Housing Concept Table 1- Results from the Ideas Workshop - June 19th, 2008 Table 2 - Results fram the Satellite Location - June 20th, 2008 Table 3 - Reuse Concepts Ranked from Citizen Input - June 21st, 2008 PM A P LANN ER S + ARC H IT ECTS www.pmaincl.com I I I page 3 page 4 page 6 page 7 page 7 page 8 page 12 page 14 page 15 page 16 page 17 page 18 page 19 page 20 I I I I i I page 9 page 10 page 13a I I I I I I I I I '. !u :. I. OLD CROZET SCHOOL REUSE STUDY ALBEMARLE COUNTY, VIRGINIA Credits and Acknowledgements II I ~ I The County of Albemarle established the Crozet Old School Reuse Committee to assist in engaging the general Crozet community in the Old School Reuse Study and serve as an important link between the community and the County in identifying the community's ideas for reusing the building and site. The committee consisted of the following citizen members: Mr. Terry Crone, Ms. Kimberly Gibson, Ms. Nancy Mulrine, Mr. Bill Schrader, Ms. Barbara Westbrook, Mr.Hal Noakes and Ms. Amy Gore. The committee also included the following County staff representatives who assisted in running the workshop session: Mr. George Shadman, Director of General Services (Project Manager); Mr. Michael Freitas, Chief of Public Works; Ms. Britton Miller, Community Engagement Specialist, Community Relations; Ms. Rebecca Ragsdale, Senior Planner, Community Development; Ms. Margaret Maliszewski, Principal Planner, Community Development; and Ms. Susan Stimart, Business Development Facilitator, Community Development. Supervisor Ms.Ann Mallek participated in the study by attending the committee meetings before and after the workshop. Ms. Lee Catlin, Director of Community Relations, provided guidance in the workshop planning and also attended the workshop session in Crozet. The workshop was held at the Western Albemarle High School in Crozet, which was made available by the school system. ~ I II I~ I D . I Special thanks and appreciation is given to the committee members who participated in arranging the workshop, distributed flyers, encouraged attendenance and participation. Citizens on the committee conceived of the concept of extending the workshop to the off-site session at the Great Valu grocery store during the workshop. ~ I ~ ~ PM A P LAN N E R S + ARC HIT E C T S www.pmaincl.com I - I u OLD CROZET SCHOOL REUSE STUDY ALBEMARLE COUNTY, VIRGINIA I Section 1 - Executive Summary I ~ This study was performed to identifY the preferred ideas and concepts of the Crozet community for reuse of the Old Crozet School and site. A 2-1/2 day work session and open house was designed and hosted at the Western Albemarle High School to engage the Crozet residents and involve them in expressing and prioritizing their ideas regarding the school and site. Citizens wrote down their own ideas and participated in forming lists and then expressed their priorities by placing dots on their preferred ideas. A separate off-site location at the Great Value grocery store in Crozet was established in order to reach residents who were too busy or unaware of the workshop at the high school. The County also collected comments at their web site for those who preferred that form of participation. Over 300 people participated in the workshop through one of these forums. Based on the ideas expressed by the citizens, the consultant worked to develop a range of plan concept alternatives which combined compatible ideas. Residents were encouraged to "drop-in" during this portion of the workshop and participate in the design and formulation of these concepts. By the end of the workshop, eight concepts had been identified and illustrated. Several of these concepts are illustrated in Figures 8 through 14. At the conclusion of the workshop, participants were invited to place dots on their preferred re-use concepts. The results of this are presented in Table 3 (photographs of these concept illustrations with the dots placed by residents are included in Appendix C). Based on the placement of dots, residents clearly expressed a preference for a community center which can provide performance and assembly space in the old auditorium and uses in the old classrooms that can include satellite county offices, dance classes, arts spaces, community movies, programs for youth and the elderly, to name a few. The ovenvhelming majority of dots from participants during the prioritization phase (53% of the dots were placed on this concept - refer to Table 3, page 13a). I u I I !I I. I. u ~ ~ I I . II I II Section 4 provides an analysis of the important planning, policy and budgetary parameters which need to be considered in further developing the Community Center PM A P LAN N E R S + ARC HIT E C T S www.pmaincl.com - I OLD CROZET SCHOOL REUSE STUDY . ALBEMARLE COUNTY. VIRGINIA I concept. A preliminary project estimate indicates that the cost to fully renovate the building and site could range from 6 million dollars to 8.3 million dollars depending on various factors and project conditions (see Appendix D for detail regarding this estimate). I I Limits of the Study - This study identifies the citizen's ideas and preferences for re-using the Old Crozet School. It did not examine or evaluate other potential entities that may have potential interest and ideas for the building and/or site, such as private developers, community organizations or other entities. Evaluation of costs of construction and additional planning work was performed with very general planning figures, based on the currently available information about the building and site. It is recommended that the next step should be a more specific project definition study to refine a specific list of uses to be planned for the center, to establish the extent of the project, LEED goals and other project parameters to fully define the specific uses and needs of the project. I I I I I I I I I I I I I I PMA PLANNERS + ARCHITECTS www.pmainc1.com 2 I I. OLD CROZET SCHOOL REUSE STUDY . ALBEMARLE COUNTY, VIRGINIA n . I Section 2 - The Existing Building and Site I I I I ~ I I ~ Q . Figure 1 - Front Elevation drawing of the Old Crozet School, Crozet, Virginia, 1964. I The site consists of two parcels (Tax Map Parcels 56-62 & 56-61) with a total land area of 8.8 acres. Vehicular access to the site is provided by a single entrance off of Crozet Avenue. Pedestrian access can be enhanced by the addition of sidewalks parallel to Crozet Avenue. There are paved parking areas and drives providing some parking adjacent to the building but they are in a deteriorated condition and do not meet current u I I 1 Adaptive Reuse of the Old Crozet Elementary School, Lowenstien, Van Ciler, & Werner, 1997, Executive Summary. I PMA PLANNERS + ARCHITECTS www.pmaincl.com 3 ~ I OLD CROZET SCHOOL REUSE STUDY . ALBEMARLE COUNTY, VIRGINIA I site development standards. The site is served by public water and sewer which will help reduce the costs of re-using and rehabilitating the facility. A ball field exists at the north- west end of the site which appears to be in use and a deteriorated basketball court exists on the north-east end of the site near the entrance off of Crozet Avenue. An environmental evaluation of the site has not been performed yet. I I I I I I I I I I I Figure 2 - Aerial Photo of Old Crozet School Site, Source: Albemarle County GIS website I The property is currently zoned R2 Residential which allows 'by-right' certain residential and other uses such as single family, cluster development of allowable residential uses, rental residential uses, utilities (e.g. electric, gas, oil, water, sewer), accessory uses and buildings, public uses, tourist lodging, and housing for developmentally disabled persons.2 I I 2 Albemarle County Code, Chapter 18, Zoning, Section 14. I PM A P LAN N E R S + ARC HIT E C T S www.pmaincl.com 4 I I o ~ I 10 OLD CROZET SCHOOL REUSE STUDY ALBEMARLE COUNTY. VIRGINIA I ~ ~~ The following uses are permitted by Special Use Permit; community center, clubs, nursery facilities, mobile home subdivisions, nursing homes, convalescent homes, and rescue stations, pools, golf, tennis or similar athletic facilities, private schools, electrical power substations (and other above ground utility structures), day care, child orphanages, hospitals or home occupations, churches, cemeteries, tier In personal wireless service facilities, and historical centers, events or festivals. A 100 foot buffer from the southern boundary of the site bordering Parrot Branch stream will be required for new uses on the site. II '~ I ~ The Crozet Master Plan (CMP) designates the Old Crozet School property as Crozet Transect (CT) 1 Edge Development Area Preserve. This CMP land use designation was applied to all schools and parks in Crozet. Both the CT 1 and CT 2 land use recommendations are described together in Table land Table 2 of the CMP. These areas are intended to be predominately parks and preserved open space, with agricultural and civic uses such as schools, usually defining the edge of the Crozet Development Area or neighborhood edges. Limited residential uses are intended in theses areas at a density no greater than 1 unit/20 acres. The CMP Green Infrastructure Map also designates the Old Crozet School site as a park and recommends a proposed greenway trail along Parrot Branch, which runs along the southern property line of the Old School site. CMP Page 6, Recommendation #14 for Downtown- Reuse Historic Crozet Elementary School. The former school could eventually serve as an Albemarle County satellite facility for county services, public meetings and other community uses. If north downtown is included in an adjusted definition of the Development Area, it could be adaptively reused with some public and private residential functions in relation to the surrounding residential neighborhood. CMP Page 7, Crozet Priorities DESIRED-LOW, Retrofit and reuse of old elementary school, north of downtown. The old school building consists of the original 1924 building and a 1960's addition to the rear located between the two original floors in a split-level configuration. The overall building area is approximately 25,000 square feet including the main level, basement level and addition. The older part of the ~ c ~ I I II I ID II PMA PLANNERS + ARCHITECTS www.pmaincI.com 5 OLD CROZET SCHOOL REUSE STUDY ~ I rr ~Il ~F Y6;~ ~ ~J ~~..^5 .~~ l 1_ r L=-TI ~ Jl:T!j, ~\ \' 7.~ .L ~~'!-}--.' .~AIF Iflp-,-Q Main Floor Plan of Old Crazet School 1 - Classroom 2 - Library 3 - Office 4 - Kitchen 5 - Auditorium 6 - Stage 7 - Stage R - Restroom . J Basement Plan of Old Crozet School Figure 3 - Existing Building Plans I . ALBEMARLE COUNTY, VIRGINIA I I building appears to have been altered and expanded to add basement classrooms, probably in the 1930's. I The main floor of this section is dominated by an auditorium space that was enlarged by the 1960's project which altered the interior. At the same time several classrooms were added to the rear of the building and a new stair was added to provide access to the basement classrooms. The original 1924 building is constructed of masonry walls and wood joist floor and roof construction. The 1960's addition is constructed of masonry walls and metal bar joists in a flat roof span configuration. Based on visual examination of the building it appears to be in a stable physical condition at present, although its exterior is in need of maintenance and repairs to paint, woodwork, roofing, masonry and other elements. Building systems (e.g. electrical, mechanical and plumbing systems) are all obsolete and will require replacement in order to comply with current building codes and service demands of a new use. The roof should be evaluated to determine its condition and identify the scope of work related to reusing the building; however it is customary with a building of this age to install a new roof as part of a major renovation/rehabilitation. The Department of General Services performed an assessment of the building recently including an asbestos/lead paint assessment, both of which are on file in that department. The building is not accessible and any I I I I I I I I I I a I I PMA PLANNERS + ARCHITECTS www.pmainc1.com 6 I I I OLD CROZET SCHOOL REUSE STUDY . ALBEMARLE COUNTY, VIRGINIA ~ I . re-use scenario will require substantial alterations and new features to make it accessible to disabled users as required by the building code and the Americans with Disabilities Act. Previous records assembled by the Albemarle County Public Schools document areas of the building which may have asbestos and lead paint. Prior to a renovation, the entire building will need to be surveyed in order to determine the extent of these materials and quantify a budget for removal of these hazardous materials. In addition, the environmental study will need to address the possible presence of underground oil tanks and other potential site environmental issues. I o I Q I c I~ 10 I ~ Figure 4 - West Elevation of the building I I I Figure 5 - South Elevation of the older section of the building I 10 w I PMA PLANNERS + ARCHITECTS www.pmaincl.com 7 OLD CROZET SCHOOL REUSE STUDY .~ ~~~ ALBEMARLE COUNTY, VIRGINIA I I Section 3 - Gathering Citizen Ideas and Prioritizing Concepts I I I I Approximately 300 people participated in an intensive 2-1/2 day workshop to identify ideas and concepts for re-use of the Old Crozet School and Site. The workshop was planned, organized and managed to provide the citizens and other interested persons a wide variety of ways to provide their thoughts and express their preferences. The methodology for public involvement was developed through collaboration between the Old School Reuse Study Committee, County Staff and PMA. At least 86 people attended the workshop session at the high school location over the 2-1/2 day event. In order to increase outreach, a satellite session was held during the first day at the Great Valu store which allowed an additional 197 citizens to provide ideas and comments. Others left comments on the County's website, through letters and/or email. I I I I I Citizen Idea Workshop, June 19th - The workshop began with an opening presentation on the evening of June 19th (7pm-9pm) which explained the objective of the project along with an overview of examples of schools that had been re-used from other Virginia communities. Following the opening presentation, citizens were asked to write down their own ideas for reusing the Old School building. The next step involved citizens working in small groups to assemble a group list of these ideas, without negotiating each other's ideas. Working from group-to-group, the facilitator wrote down each idea on large tablets so that the entire group could see the ideas. After all the ideas were written down on large sheets and posted around the room, citizens were given twenty dots each and asked to place their dots on their preferred ideas as a way of expressing their I I I I I I PMA PLANNERS + ARCHITECTS www.pmainc1.com 8 I I o . ALBEMARLE COUNTY, VIRGINIA OLD CROZET SCHOOL REUSE STUDY priorities. A complete list of the ideas collected is presented in Appendix B. Table 1 provides a summary of the ideas ranked highest by the participants (receiving at least 5 dots from citizens). Based on the placement of dots, there is a lot of support for reusing the building as a community/cultural center involving a combination of activities, such as dance activities, music, classrooms, community market, music and activities. In addition, there was support for reusing the building as a public or private school facility. ~ I o m I I Table 1 Results from the Ideas Workshop - June 19th, 2008 ~ Citizen's Ideas I Cultural arts/community center Community organic vegetable garden Dancing activities (appeared twice) Athletic fields Charter school/Private School Community market Satellite school Movie theatre/coffee house Venue for music Outdoor entertainment Inclusive/diverse use Solar/geothermall green Recycling center Classroom space UVA scientific center Thrift store Teen center Multi.use revenue producer Meeting room for seniors Sports field: oriented for teens Police satellite office Solar generation park YMCA branch/sports use Classrooms for PVCC. JILL. & CATEC Children's activities o I I I I II I ~ o ,I I. Key Number of dots placed on idea Dots placed on similar idea on list Priority indicated by number of dots placed by citizen participants 72 32 21 20 20 18 17 16 15 13 13 13 12 11 11 11 10 10 10 9 7 7 6 5 5 ~ Notes: 1. Each participant received 20 dots to place adjacent to ideas they considered to be high priorities. 2. Ideas receiving less than 5 dots do not appear on this chart. but are listed in the Appendix I ~ PMA PLANNERS + ARCHITECTS www.prnaincI.com im 9 I OLD CROZET SCHOOL REUSE STUDY !i]/K;~ However, given that the Albemarle County School system has indicated that the site is not adequate to meet their current or future needs, due to insufficient land area, a reuse scenario involving a school would probably be in the form of a private school, charter school or church school. ALBEMARLE COUNTY, VIRGINIA I I I I Outreach Session at the Great Valu Store, June 20th - Ideas were also collected during the day on June 20th at the Great Valu grocery store (former IGA store) via a station that was conceived of and organized by the Old School Reuse Study Committee and citizens. At this location store visitors could talk with committee members, find out more about the on-going workshop and add their ideas to a separate list. I I I Table 2 Results from the Great Valu Location - June 20th, 2008 Top Ideas from Visitors Library Multi-use cultural center Community center Senior activity center Teen center Art center Center for children and adults New public elementary school Boys and girls club Sports fields Museum with local history Daycare Public school (5-6 grades) Computer center Tech school Key Number of check marks Similar idea on list I Number of check marks received 32 22 11 10 8 6 5 5 3 3 3 3 2 2 2 I 40 I I I I ~ I Notes: 1. Check marks indicate number of others who agreed with this idea. 2. Ideas receiving less than 2 marks do not appear on this chart. but are listed in the Appendix I I I PM A P LAN N E R S + ARC HIT E C T S www.pmaincI.com 10 I o ~ I I I OLD CROZET SCHOOL REUSE STUDY . ALBEMARLE COUNTY, VIRGINIA This location allowed the effort to reach a group of people who either could not attend the event or who were not aware of it. Table 2 provides the list of ideas gathered from the Great Valu location and an indication of the number of checkmarks that were placed by certain ideas, indicating how many others at this location concurred with ideas on the list Refer to Appendix B for complete list ofideas generated at the satellite location). Also included is a letter which was received during the workshop by a citizen. ~ Table 2 reveals that many citizens still feel that the Old Crozet School would be a good place for the library. Based on this input it appears that there is still a residual reaction to the decision to build a new library in another location which is being expressed by the community. Review of the rest of the list gathered from the Great Valu site reflects and ratifies the range of ideas and preferences as expressed in the ideas workshop session the night before. These results also indicate strong support for a community and cultural center to include I.lses for seniors, teens, the arts, a potential museum, as well as possible school/educational uses. With the exception of the Library comments, a comparison of the results from the Ideas Workshop (Table 1) and the Great Value Site (Table 2) indicate a very strong consensus of ideas from the community about uses for the Old Crozet School. m [J I o I I ~ Q I Comments Received at the County's Web site - The following comments were received over the internet at the county's website and were posted during the open house workshop sessions. Many of these ideas appear on the lists from the 'Ideas Workession' and/or the "Great Valu" satellite session and were included in evaluating conceptual alternatives. Additional comments were received on the County's website following the close of the workshop, which are included at the end of Appendix B. I I o PM A P LAN N E R S + ARC HIT E C T S www.pmaincJ.com 11 I I OLD CROZET SCHOOL REUSE STUDY ALBEMARLE COUNTY, VIRGINIA I New name for project - exciting/more interesting than "Old School" 6/20/2008 Web Vo-Tech 6/20/2008 Web Arts and crafts, woodcarving, music and writinq 6/20/2008 Web Indoor basketball area 6/20/2008 Web Community Garden 6/20/2008 Web Charter school 6/20/2008 Web Arts center: studio space, classes for children 6/20/2008 Web Arts building like McGuffey: space for performing artists, dance, iuqqlinq 6/20/2008 Web Public school for 4th and 5th qraders 6/20/2008 Web Rental space for community events 6/20/2008 Web Senior center with library or library alone 6/20/2008 Web Roller skating rink/summer movie theater 6/20/2008 Web Housinq - for profit with proceeds aoina to Crozet community 6/20/2008 Web Senior center run by JABA 6/20/2008 Web Recreation site for youth and community 6/20/2008 Web Historical preservation 6/20/2008 Web Youth-oriented community center, eco-friendly with children's qarden 6/20/2008 Web Recreation and wellness center for adults and teens 6/20/2008 Web Newcomer center 6/20/2008 Web County office satellite with Head Start center 6/20/2008 Web Adult education computer classes/computers for community use 6/20/2008 Web Druq free zone/safe zone 6/20/2008 Web I I I I I I I I I I I I I I I PMA PLANNERS + ARCHITECTS www.pmaincl.com 12 I I D I I I I OLD CROZET SCHOOL REUSE STUDY . ALBEMARLE COUNTY, VIRGINIA D Open House - Design Concept Work session, June 20th and 21st - Following the ideas work session, PMA and the County staff hosted a two-day design open house at the Western Albemarle High School in order to continue the citizen involvement and begin formulating design concepts around the ideas that had been expressed. During these two days, architects and designers explored specific ideas from the list and analyzed the list to identifY the concepts. At the conclusion of the Open House Work session, PMA posted the concept plans on the wall and provided a brief verbal explanation of each plan. The participants were asked to place dots on the concepts that they preferred. Each participant was given 10 dots to place as they wished. The results of this voting process are illustrated in the Table 3 along with illustrations of the concepts and the ideas that each concept incorporated. ~ a I ~ I Citizens placed 53% of their dots on the Community Center Concept. The next highest preference was for the Farmer's Market & Gardens Concept which won 15% of the dots. The County Office & Athletic Fields Concept, Private School and Cultural Arts Center received 11 percent, 10 percent and 9 percent of the dots. Clearly the citizen preference for reusing the building is for a community center with a diverse series of uses and the preference for the site is to explore public gardens and a farmer's market. The ideas and concepts which were produced were posted on the county's web site following the conclusion of the workshop. It should be noted that some of the concepts could be combined together to address a wider range of community desires. For example, the concept of a community center could also contain a community gardens element on the site. Development of a specific program (cohesive list of uses and requirements) for the reuse of the building and site is needed in the next step beyond this study. I Q Q I ~ I c I. PMA PLANNERS + ARCHITECTS www.pmaincl.com 13 tIS '2 '6h ~ i- c ;I o U .. ~ e .. -'l :;;: ~ E CI) .. <I> ;I .. Po::: '0 o ..c u CI) ... .. N o ... U "'0 (5 .... .. " "0 rJ) "'" -.., c ~ ~ e- " 0:: o'd t ~ C c= " " ~ j " rJ) ~ IX> co co N .: <I> .... N .. C ;I -, , ~ o ..c <I> ~ ... o ~ o'd "' " "'" S ~ o .l< ~ 'ij c :2 i5 .;:: u I <;: c. ..5 c .. ,!::l ... U e o oJ:: "'0 .. ~ C tIS Po::: o'd ~ ~ :8 "' -.. " E .. " ~ <I> ... ~ .. u C o U .. <I> ;I .. Po::: M .. ~ f-o rl' T !'~/'rl I I,... il , :J.I 1 / l!.._ · ., l<~ . .. iJ1 . ~' "~I "A: II . < ~, ~z:! jJ' ! . n' 1\ ~, III 1 ~i./ i / . ..,..: a=:~."... r 1- !' Ii. ,:.... I l1.-.",~. 1 1':. '.~L i! A.. nl~~'r-..~ :~ , .. 1 !l I . II I '~. "\fj · I nl.. ~ .;:: I rill t. ... " - Ii (~ .. .r I. "~!1 ,I -~ . ,. , . ~ 5 8 () ] ~ .r = o ::r: l' i ? I( . .. " " " u ~ "E a :; u "0 S u rJ) .!! " > ~ C! " "E c3 .. " " " u ~ '8 = E e o u rIJ b1) c:: '~ t':l lo< o .... 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'-> :::: c3 "l::! t ~ ~ Q." .i ~ ~ ~ ~ ,g .~ JS E 0 $ ~ ;; 'ai Cl ~ ~ i i ~ ::t U) .. u W I- <: u .. ::J ~ ~ ~ ~ ~ III ~ 8. fr 11) ~ ~ 2 ~ ~ ~ ~ III ~ ~ ~ i '0 ~ .!2 :2 (I) >- U u $ J2 B ~ 1: . <: u I " M I '" 01 '" C. I I I I I I I I I I I I I I w ~ . " c . ~ ~ ~ ~ ~ ~ ~ g ~ 3l ~ ~ I ~ 10. g !? ~ ... .~ ~ j ~ ~ CD :I: 8 f: .i .~ ~ U} .9 ~ I ~ ~ 8 ~ ~ ~ ~ E ti ('g 8 ~ I II !~ II I OLD CROZET SCHOOL REUSE STUDY ALBEMARLE COUNTY, VIRGINIA I ~ Community Center Concept - The Community Center concept envisions a place for the community which is flexible for a wide variety of community needs. The former auditorium would be renovated as a flexible space to accommodate meetings, receptions, lectures, performances, dance performances and other public presentation uses. The former classrooms would be renovated for use as classrooms, satellite county offices, arts studios, dance instruction, music instruction, youth programs, adult day programs, museum exhibits, and thrift store uses. This concept illustrates a new entrance addition and parking lot to help unifY the entry and circulation of the proposed facility. I I il I fI I II I ;1 i 'I I, ,"!i ~ r' t,.,:ll, (.... [L . ~_~ .. ~...:~. .. _~_ . J...i~ ~ ,..- j'~ ... IL;;,'>-' . ~: -:"'i"'~<n. ~~. 1-:--:-, e ~ . . 1 , c I Q J P.,;lion I o I Figure 8 - Community Center I PMA PLANNERS + ARCHITECTS www.pmaincl.com 14 I I OLD CROZET SCHOOL REUSE STUDY . ALBEMARLE COUNTY, VIRGINIA I Farmer's Market & Gardens - There were many participants who mentioned a farmer's market and community gardens as an objective with the site. Some offered ideas to utilize the building in gardening and horticulture education in addition to other uses that could be located in the building. This concept could easily be implemented on the site in some measure and integrated with another compatible use for the building, such as the Community Center or Cultural Arts Center. I I I I I I I I I I I I Figure 9 - Farmer's Market & Gardens . '" , t~.' ,;(0 2 . .'..... ., . . " I -,' t I I I PMA PLANNERS + ARCHITECTS www.pmaincl.com 15 I I I I ~ County Offices and Athletic Fields - Many participants mentioned athletic fields for soccer, football, baseball and other sports as good uses for the grounds. Discussions with the County's Parks and Recreation staff indicated that there is enough site area to make some of these uses work at this location. Discussions with the staff and public indicated that in this recreational use concept the building could be used for meeting space in the old auditorium and that classrooms could be used for satellite County offices. Figure 11 illustrates this concept. ALBEMARLE COUNTY, VIRGINIA OLD CROZET SCHOOL REUSE STUDY ~ I I I I I Figure 10 - Atheletic Fields & County Offices m I I I I I o I~ I ;- II PM A P LAN N E R S + ARC HIT E C T S www.pmaincl.com 16 I I OLD CROZET SCHOOL REUSE STUDY ALBEMARLE COUNTY, VIRGINIA I ~ School Concept - Based on a wide range of interest in continuing the use of the building and site as a school site, a conceptual plan was developed to represent the reuse of the building as a small scale private elementary school. Architects familiar with school planning developed a concept to illustrate a new entrance to unifY the building circulation and add a media room and a gymnasium. I I I / I " ~ J .~~~ ~ -.-.1 ~, '~ "- ,)iii -. ~, I I I . 1- \ ( e;. --- I -:1 'j~ I I I I I .........., I Figure 11 - Private School I 1 I I PMA PLANNERS + ARCHITECTS www.pmaincl.com I 17 I I II OLD CROZET SCHOOL REUSE STUDY ALBEMARLE COUNTY, VIRGINIA I !. I Cultural Arts Center - The Cultural Arts Center concept is similar to the community center concept with respect to creation of a mixed-use center which focuses on re-using the former auditorium as a performance and presentation space, The Cultural Arts Center would consist of arts and related uses such as dance, performance theatre productions, music performances, and the visual arts. Former classrooms would be used for arts instruction space and exhibit of the visual arts. Figure 10 illustrates a new entry at the rear to unifY the circulation, as with other schemes, I ~ ~ ~ ~ .,. '1 J i} 0 I" , , I ( -.... l- ,\. .,.. (] Pavilion m I I c I I I I. I , I , t ~ Figure 12 - Cultural Arts Center I I PMA PLANNERS + ARCHITECTS www.pmaincl.com 18 ~ I OLD CROZET SCHOOL REUSE STUDY . ALBEMARLE COUNTY, VIRGINIA I Teen Center & Skate Park - This concept explores youth and teen oriented ideas at the site. Traditional sports such as tennis and basketball and newer sports like skateboarding were mentioned. It was suggested that the building be used for supporting teen and youth programs. I I I I I I I It I I I I I Figure 13 - Teen Center & Skate Park Recycling Center/Solar/Wind Park - As shown in Appendix C, this concept responded to the idea of tearing the building down and making use of the land for some of the ideas that did not rely on the historic structure. However, a recycling center is not compatible with the land use objectives of the CMP and could be located at other more appropriate I I sites. I PMA PLANNERS + ARCHITECTS www.pmainc1.com 19 I I I OLD CROZET SCHOOL REUSE STUDY . ALBEMARLE COUNTY, VIRGINIA I I ~ Housing Concept - There was some interest in reusing the building for housing, although this concept is not supported by the Crozet Master Plan (CMP). Suggestions for housing envisioned adapting the building to serve as multi-family housing to address a range of housing types including workforce housing, housing for seniors, and low- income housing. Given the objectives of open space preservations and limit on residential density, it seems that there are many other more appropriate locations for a multi-family housing development than this site. In addition a housing concept does not seem to utilize the intrinsic attributes of this site and building. I I I I ... I ... ...-. . D u 1 I I I ~ ! i o I .... ... o II I. Figure 14 - Housing Concept , I II iB PMA PLANNERS + ARCHITECTS www.pmaincl.com 20 PM A P LAN N E R S + ARC HIT E C T S www.pmaincl.com 21 I I I I I I I I I I I I I I I I I I I OLD CROZET SCHOOL REUSE STUDY ALBEMARLE COUNTY, VIRGINIA Festival Grounds - Ideas expressed concerning festival grounds could lead to a concept where the site could become a venue for outdoor performances, an amphitheater, or other outdoor social functions that are less formal, as shown in Appendix C. This concept could be included with other concepts like the Community Center, Cultural Arts Center and Farmer's Market; However, Crozet already has much larger park and festival grounds nearby so consideration should be given to ensuring that amenities are not duplicated here. I OLD CROZET SCHOOL REUSE STUDY ALBEMARLE COUNTY, VIRGINIA I I I I Section 4 - Analysis of the Preferred Concept - Community Center o I The adaptive re-use of the Old Crozet School into a community center will involve a program of additional study and project definition in order to better define the uses that such a facility should accommodate, the specific project, the budget framework and scope of the rehabilitation and remedial work. This section provides a general overview of the issues that need to be considered in order to better define this objective and prepare it for a capital improvement project. ~ n . Overall Condition of the Building & Site - Based on visual examination, the building appears to be in good structural condition and stable enough to be a good candidate for rehabilitation. A full structural evaluation is recommended to determine the remedial work and structural enhancements that will be necessary for reuse as a community center. It is anticipated that work will need to be done to re-point masonry, roof coverings will need to be repaired or replaced, exterior trim will need to be rehabilitated, windows and doors repaired or replaced with new units, Interior finishes will need to be repaired in places and replaced in others. Electrical and plumbing systems should be completely replaced and upgraded to meet current codes and sized for lighting, heating, cooling and other systems that will be needed. Alterations to the building will need to be made to make it accessible for disabled users which will involve altering restrooms, adding handrails and may involve installing an elevator. Lead paint and asbestos have been surveyed and the Department of General Services has this report on file. In addition, a mold survey should be undertaken and a management plan should be established. An environmental survey should be performed in order to identify underground fuel tanks or the likeVhood of other hazardous site conditions. Parking lots and drive lanes will need to be upgraded if the building is placed back into service as a community center. Stormwater management will need to be evaluated to determine what impact this will have on the site uses. o D I ~I I ,I I II 10 I II IG ~ PMA PLANNERS + ARCHITECTS www.pmainc1.com 22 I OLD CROZET SCHOOL REUSE STUDY . ALBEMARLE COUNTY, VIRGINIA I Historic Preservation Issues and Opportunities - Rehabilitation and adaptation of the Old Crozet School to a community center may be eligible for Federal and State Tax Credit programs. Because the building has been included in the National Register Eligible Historic District and its relatively unaltered historic form, there is a strong possibility that the building could qualifY for these tax credit programs. Combined, these two programs could offset qualified rehabilitation costs in the range of 20% to 35% of the costs of rehabilitating roofs, brickwork, interior finishes, heating and cooling, restoring windows and exterior trim. Use of this program comes with several limitations and requirements that are not normally present for typical government projects. First, if the tax credits are used, then the County will need to identifY a corporate entity, such as a development authority, which can use or sell the tax credits. Second, in order to qualifY for these funds, the project must be designed in compliance with the Secretary of the Interior's Standards for Rehabilitation and be approved by the state historic preservation officer. Compliance with these standards will ensure that the building is properly and respectfully rehabilitated in terms ofits historic character. It will also place some limits and requirements on finishes, alterations and additions to the building. I I I I I I I I Circulation Issues - The layout of the existing building presents some significant circulation issues that must be addressed in any re-use concept. Currently, the main entrance of the building leads directly into the auditorium space with no provision for circulating through the building without going through the auditorium. This condition will not work for a re-use concept where the auditorium functions as an assembly space. This main entrance is not accessible to disabled users either. An addition at the back of the auditorium on the north side of the building is recommended to accomplish the following objectives: · Create a single drop-off entry point that is adjacent to parking · Create a central circulation system in proximity to an elevator · Create an accessible main entrance I I I I I I · Minimize alterations to the front and side of historic structure I PMA PLANNERS + ARCHITECTS www.pmaincl.com 23 I I I OLD CROZET SCHOOL REUSE STUDY . ALBEMARLE COUNTY, VIRGINIA I I C I Adapting the Auditorium to Assembly Requirements - Even though the original auditorium was designed for school assemblies and a range of uses, it will not meet current building code requirements for an assembly space. If this space is to be re-used for meetings, assemblies and performances of any kind, then a fire sprinkler and alarm will be necessary. Water supply appears to be available, but the flow and pressure need to be evaluated in order to determine if a backup supply and pump are necessary. Additional exits can be integrated into the proposed new entrance area. It will be important to define the types of performances, assemblies, meetings and other activities that this space will need to accommodate. This will affect the types of lighting, heating and cooling systems, sound systems, seating, stage and dressing facilities that will be needed and the extent of alterations to the space that will be needed. I I I I I '0 I I I II I Re-use of the Former Classroom Spaces - Classroom space in the original portion of the building should be rehabilitated without extensive changes to the existing finishes, ceiling heights, windows and doors and other historic elements if the tax credit program is used. The classrooms in the 1960's addition may offer more flexibility in terms of altering finishes and special arrangements. It is also important that the uses for the classrooms be defined in order to make provisions for their lighting and environmental needs. II Opportunities through Green Design - Green design, energy-efficient design and LEED certification objectives need to be established early in the planning process by the County. These techniques have the capacity to dramatically reduce energy consumption and costs, improve the quality of interior environments and reduce the maintenance costs of the facility, if carefully planned and implemented. Accomplishing these objectives requires planning, life-cycle cost evaluation, higher capital investment at the construction phase, and additional effort to document installation and performance. The County will need to identifY their goals for green development and energy performance for this facility. I I !. . PMA PLANNERS + ARCHITECTS www.pmaincl.com 24 I OLD CROZET SCHOOL REUSE STUDY . ALBEMARLE COUNTY, VIRGINIA I Site Utilities - The site appears to be well served with basic utilities of water, sewer and electrical services. Costs for new service for each of these utilities will need to be identified based on a more resolved program and projected demand. As previously mentioned, the water flow and pressure needs to be tested and coordinated with the Fire Department to determine what if any storage and pressure is required for the fire sprinkler. Also as mentioned, the storm water management requirements will need to be identified based on a specific parking lot design. I I I I Project Cost Estimate - A comprehensive estimated project budget is presented in Appendix D. This estimate includes a project definition component, additional studies and surveys that are needed to reduce project uncertainties, A&E fees, consultants for cost, LEED compliance, theatre design, historic preservation and cost estimates, as well as furniture, stage lighting, sound systems and other details associated with similar projects. Based on this analysis a total project budget for the project is estimated to range from $6,000,000 to $8,350,000 in 2008 dollars. I I I I Recommended Next Steps A. Prepare a Project Definition Study - This step would involve refinement of the program elements of the community center concept. It should be conducted to better define the actual uses that are needed, desired by the community and which are preferred. This study should determine the specific requirements of the auditorium space, classroom spaces, site uses and the range of users that will use the site and facility. Project objectives such as green design, LEED certification, energy efficiency, historic preservation need to be defined early in order to properly design and plan the project. Such a study should prepare a schematic building plan and exterior design as well as provide a schematic site plan. This study should also include evaluation of site issues, a structural evaluation and address other unknown areas of the project. It should also prepare a more detailed opinion of probable costs. I I I I I I I PMA PLANNERS + ARCHITECTS www.pmainc1.com 25 I I I !I II II I II I .1 I !I I II I ~ ~~~ B. Examine the Tax Credit Potential- The County should further examine the potential for federal and state tax credit programs to assist in the funding of rehabilitation work. Such an approach should start with confirming the eligibility of the building for these programs. Also, the County should evaluate and assess the complexities and costlbenefit trade-offs for utilizing this approach. C. Consider Incremental Improvements - The County may consider incremental improvements to the building in a phased approach in order to address issues on a prioritized basis and/or spread the capital costs out over a longer period. Roof replacement, trim rehabilitation, restoration of windows and doors, etc. could be broken down into smaller projects and performed sooner in order to prevent additional deterioration in the building. It was also suggested that emphasis on getting the auditorium useable as soon as possible would be another incremental approach. D. Continue Community Involvement - Continued community involvement will be needed to effectively refine the program of uses and identifY a vital and sustainable mix of uses with-in the building. The community should be consulted and involved in future planning steps. ALBEMARLE COUNTY, VIRGINIA OLD CROZET SCHOOL REUSE STUDY II I I I I I ~ PM A P LANN ER S + ARC HIT ECTS www.pmaincl.com 26 ~ m I D I I ~ I I I I I I I I II I I I I OLD CROZET SCHOOL REUSE STUDY . ALBEMARLE COUNTY. VIRGINIA Appendix A Methodology for the Workshop PMA PLANNERS + ARCHITECTS www.pmaincl.com I I I I Ie '. ~ I~ i. I',. . J . I I CLJ ..... .- V) ~ Q ~ o t: -c :e V) ::: -c ::J o QJ~ ~5g ~4-.c: oOu '- QJ V) c V)..... :J :y CLJ E QJ N 0:::::0 E~U o -I-J"O U 230 \ ..., Vi QJ ..... o 2 of.). , ! or ( \.3 .w ~ lJ'I :J ..... u ~ .... c: o u I.. QJ ~Ol I.. c: 0 B~-D .~ ~ " C1JE:; I QJ I t:.cN ~-" ....~O'- c:@J~ o I.. M u.!!o:t >.= .... E C:.o :J o u ~ Ol 'tl o .l::l .... u ""'~ QJ t: ,- E u I QJ.c: .- -. ~ 0 t: ' ,/. I c:( '-! 0 ~.I ..... - 0 ,-- ~ ~ u 0 ': . .... "".5 N .~"-v.I'()'; c:1..~CO o QJ E I Ur:: -D c: 0.0'- - E~@J~' h- ~ e.. .lJ'I ,,~?" QJ .p'l LI'I ' I I- c:( ,,- ::...:::. - c: ~ ." . Ole.. .~ C ". I 'I II ~~ I ,I m 'I .1 , I II 'n . OLD CROZET SCHOOL REUSE STUDY . ALBEMARLE COUNTY, VIRGINIA Appendix B List of Ideas Generated by the Workshop I I I o ,I I .1 !. !I I PMA PLANNERS + ARCHITECTS www.pmaincLcom I II !. I I. I II I ~ ~ I i I II I. I '1 I~ !. I ,I II n . 8 Demolish and create zoo 6/19/2008 Workshop 1 22 Mixed use: condos, small local retail 6/19/2008 Workshop 1 35 Indoor swimming pool 6/19/2008 Workshop 1 42 Rentable banquet space 6/19/2008 Workshop 1 44 Arcade 6/19/2008 Workshop 1 46 Festival site 6/19/2008 Workshop 1 30 Music classrooms, 6/19/2008 Workshop 39 Space similar to McGuffey School 6/19/2008 Workshop 45 Skate park 6/19/2008 Workshop 50 Crisis shelter 6/19/2008 Workshop 51 Audubon/nature center 6/19/2008 Workshop Reuse building for 4th and 5th grade elementary students -- 2 52 schools across from each other -- historic register? 6/20/2008 Open house Adaptive reuse for housing/community center: families/elderly, 53 affordable housing (rental at or below 60% AMI), tax credits VHPA 6/20/2008 Open house 54 Put new library on site (building can be demolished) 6/20/2008 Open house 55 New library with existing building used as community center 6/20/2008 Open house Child/family comprehensive social services: Health Dept, Parks & 56 Rec, Head Start, Food Stamps 6/20/2008 Open house Crisis/counseling center for teens - pregnancy counseling, STD 57 testing/counseling, mentorship, future planning 6/20/2008 Open house YCC (Youth Conservation Corps), volunteer, apprenticeship, 58 education 6/20/2008 Open house Boutiques of for-profit employment services, copy center, radio 59 station, substation for UVA (use rooftops for solar power) 6/20/2008 Open house 60 New name for project - exciting/more interesting than "Old School" 6/20/2008 Web 61 Vo-Tech 6/20/2008 Web 62 Arts and crafts, woodcarving, music and writing 6/20/2008 Web 63 Indoor basketball area 6/20/2008 Web 64 Community Garden 6/20/2008 Web 65 Charter school 6/20/2008 Web 66 Arts center: studio space, classes for children 6/20/2008 Web Arts building like McGuffey: space for performing artists, dance, 67 juggling 6/20/2008 Web 68 Public school for 4th and 5th graders 6/20/2008 Web 69 Rental space for community eyents 6/20/2008 Web 70 Senior center with library or library alone 6/20/2008 Web 71 Roller skating rink/summer movie theater 6/20/2008 Web 72 Housing - for profit with proceeds going to Crozet community 6/20/2008 Web 73 Senior center run by JABA 6/20/2008 Web 74 Recreation site for youth and community 6/20/2008 Web 75 Historical preservation 6/20/2008 Web Youth-oriented community center, eco-friendly with children's 76 garden 6/20/2008 Web 77 Recreation and wellness center for adults and teens 6/20/2008 Web 78 Newcomer center 6/20/2008 Web 79 County office satellite with Head Start center 6/20/2008 Web 80 Adult education computer classes/computers for community use 6/20/2008 Web 81 Drug free zone/safe zone 6/20/2008 Web 82 (1-1) Library 6/20/2008 IGA 29 110 (1-28)Multi-use cultural center 6/20/2008 IGA 21 June 19-21, 2008 Old Crozet School Re-Use Workshop Page 2 I II ,I II I II .~ ~ ~ II II II ~ II ~~ I II I II 'I n . I 136 (I-54 )Do not tear it down - no condos 6/20/2008 IGA 137 (1-55)lndoor swimming pool 6/20/2008 IGA 138 (1-56)Small venue music concerts 6/20/2008 IGA (1-57)Music resource center: classrooms, studio space, 139 performance space, practice space 6/20/2008 IGA 140 (1-58)Private school 6/20/2008 IGA 141 (1-59)ESL: teach English, home economics classes 6/20/2008 IGA 142 (1-60)Multi-use - local vendors 6/20/2008 IGA 143 (1-61 )Community service: food bank/soup kitchen 6/20/2008 IGA 144 (1-62)Summer programs for kids 6/20/2008 IGA 145 (1-63)Church 6/20/2008 IGA June 19-21, 2008 Old Crozet School Re-Use Workshop Page 4 !. I I I I I I I I m I I la I I . :1 I 'I I. I II !. I I 'I I Additional Web Comments about Re-use of the Old Crozet School as of 6/27/08 r- ~----_. -~ - - - --- --- --- - 20. Thank you for the opportunity to comment on the Crozet school reuse. Our family lives up the street on St. George Avenue. We IWOUld love to see a flexible use community center for classes, exercise, art and music, with much of the open space preserved for walking and exploring. Thank you! 21. Hello, Crozet Elementary School has served the children in the Crozet area for many years. Four of my children attended from Kindergarten through the 5th grade. It only seems equitable now that the school should serve the elderly and the disabled low income residents of Crozet. My suggestion is that the school be converted into small rental apartments. The school is ideally situated to be convenient for residents to frequent the downtown area of Crozet without the need for a vehicle, again a major concern today. A good example of an elementary school turned into rental housing can be found in Nelson County at the Ryan School. This was a very successful project and provided rental housing to a particular group of citizens that could not afford to liye elsewhere. Thank you for allowing public comment. 122' I think that a wonderful idea for the old school would be to use the classrooms for studios for artists and artisans in the area, similar to what they have done with the McGuffey Center in I'Charlottesville. It could also become a permanent home for the Crozet Arts Festival and COmmittee. 23. I attended the workshop and the voting session on Saturday, but I wanted to give a little more feedback regarding the choices. The predominant "winner" in my mind was the Community Center rendition. It incorporated most of the uses that I believe will benefit the Crozet Community. However, I did want to put my 2 cents worth in for really trying to include the Recycling Center into this version as it nears the final work-up for the report. I also really believe that inclusion of the skate park would definitely benefit the youth and wold like to see it in the Community Center version as well, if at all possible. Thanks for all the hard work you're doing and for asking for the input from the community! 24. I think that the Murray high school is too small for the amount of Istudents enrolled. Crozet School would be a natural choice to relocate or supplement Murray High. When it is not being used as a school, Why not create a teen center to provide something for our children to do after school? 125'1!.DanceIYoga/martial arts studios. Studios for art classes. Recycling center. Sports fields. Any uses that keep people from having to ,drive to Charlottesville. 126' My husband and I feel very strongly that the old Crozet school would be best used as a cultural arts/community use building to include dance studios, rooms for art classes and theater IProductions. 127. I am hoping that the building will be used for the proposed Arts I Centre, with dance and other arts programmes! 16/21.12008 8:53:00 AM 16/21/2008 1:36:00 PM 6/21/2008 3:57:00 PM 6/23/2008 5:33:00 PM 6/24/2008 12:33:00 PM 16/26/2008 2:25:00 PM I 16/26/2008 16:48:00 PM 16/27/2008 ,2:37:00 PM I II .1 !I . II I I II I II I I I il II :1 I :1 I II I I I I .1 'I OLD CROZET SCHOOL REUSE STUDY . ALBEMARLE COUNTY, VIRGINIA Appendix C Photographs of the Concepts Generated by the Workshop PM A P LAN N E R S + ARC HIT E C T S www.pmaincI.com I I I I I II II 'I I I~ !~ I I 'I ;1 II 'I ,I II ~, : e e e -- ,. e _ e _ Reuse of the Old Crozet School ( I), I.' \"It!,!I'id - ~ I eee eee 11. do. .... J --1 ~ ~ ' rr T"" '" Tr""""'" I I;il fi T T.T"-'I-rl) I , I I I \ I L. .1. '!.l. , 1 J ~.. d~ 1 I I I J.1 ) t I' r" . . j 1 i T;...i..J...L.1 t'-,- . _ I L_~ 0 1 ... 1- U" .. -;. _ ^. _..,.., L I J - ~, ...... ' . , "'. _ .....' ~f" , -...:1/< I I - 1 i II I I, I' ij \ 1 ' .... . JO.O .- 'J\. - ! PMA Site Plan Concept GukiJrql Ms C)1fr. Community Workshop: June 20 - 21,2008 PLANNf.RS 8. ARIHlTFCTS 101'7 WI/Wtll Rnul"".rd Jll,jewport News VifRIUl. 1. 1601 I I 'I I I I II I ~ '~ I I I I II I II I I I ~ '1 ~ A rrn7Pl, VirQinia ~" Reuse of the Old Crozet School \ \ I , " . 't'", ~ . f , , I . I :1 ~i I I ! r - .... -. 'MA Site Plan Concept f"E')TIY~L.\ C1~ND5. Community Workshop: June 20 - 21, 2008 : PI.ANNlRS & ARiHITECTS 101 l' W,1rwtcL: RoulNard Nr-wpnrt "irw, Vi'l(,nt.t 11601 :1 :1 I I I ~I I I II I .1 :1 I I I ~ I II II II I I I I I · I I L .. .... 1, { . l I '. t \ ,I l!, I ., 'rI Crozet School Crazet, Virginia I ~ - -.. . ~~. e e _ ,- _ -e ee eee _ __ e --e- e e_e e ee e ee mM' ;:A(." C'. ." ' . ' ." ~. .....,: .. r ",en .- . 1.O. VTTic.<<) A1hl~~ ic' fU:.ltls) I \ 5 ite Plan Concept Com1l\UYli~ ?t~u. Community Workshop: June 20 - 21, 2008 PLANNrRS & ^RCHITH""TS 10,117 W..rwld Roult"YIrd ""I'-wpnrI f'liI"'W'I Virwm. 1 )hOl I :1 I I :1 !I II I !I I il II I II I ,I I ;1 I I~ ~I !I I !I I I I I I ... // / t , Reuse of the Old Crozet Scft ".."" / " Crozet, v.i.._ / I / .I / / / / / 'q - - 1 " [ --- -~..... r I W' , I I.. 1 oJ " rr ,~ . \ \ , \ ~ "" ;] ; ,: ~ IJ ...... j '" . l ! '\ " ~, " " " .- ..... 6lJ, . -~.\~. .. t \ ( t . .....,. ..:..' " . RE~'f tLJN~ Site Plan Co'ncept. S()t;~!Wt\l\1~ Community Workshop: June 20 .. 2 t, 2008 PLANNI:KS & ARCi'llTFnS IOJ" WUW......lIoll'-'d Nwwp<wI_ Vl'1l,,,..IIWt . 'I I II !I ,I il I II I II I 'i ~I I I I :1 I II I I I I I OLD CROZET SCHOOL REUSE STUDY .~_ ALBEMARLE COUNTY. VOReIN" ~ Appendix D Detailed Cost Analysis of Preferred Concept PMA PLANNERS + ARCHITECTS www.pmaincl.com c r .. c c c c c c ,.. L. c c c c C G C C C C COUNTY OF ALBEMARLE Office of County Executive 401 McIntire Road Charlottesville, Virginia 22902-4596 (434) 296-5841 FAX (434) 296-5800 September 3, 2008 The Honorable Robert K. Coiner Mayor T own of Gordonsville 209 East Gordon Ayenue Gordonsville, VA 22942 DearM~~ Thank you for your letter of August 3, 2008 and presentation to the Albemarle County Board of Supervisors on August 6, 2008 requesting funding for construction of the new Gordonsville Library, At their meeting on September 3, 2008 the Board of Supervisors decided not to fund this request. While the Board thoroughly considered the merits of your project, it did so in the context of the fact that it presently allocates $3,2 million to the operation of the Jefferson Madison Regional Library system (JMRL) and is programming $50,0 million in its current Capital Improvements Plan for future library facilities, Given the level of inyestment the County of Albemarle is committing toward JMRL, it is not in a position to fund additional library facilities outside these obligations. Best wishes for successful completion of your library project and feel free to contact Bryan Elliott, Assistant County Executive - Community Services, at 434-296-5841 should you have any questions concerning this matter. Sincerely, obert W. Tucker, Jr. County Executive RWT,Jr/dbm 08,018 pc: ~ W. Jordan, Clerk, Albemarle County Board of Supervisors COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Request for Donation to Gordonsville Branch Library AGENDA DATE: September 3, 2008 SUBJECT/PROPOSAL/REQUEST: Consider providing funding for the construction of the Gordonsville Branch Library ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Messrs. Tucker, Elliott, Davis LEGAL REVIEW: Yes REVIEWED BY: A~ ATTACHMENTS: Yes ! BACKGROUND: During the August 3,2008 meeting of the Board of Supervisors, Mayor Bob Coiner of the Town of Gordonsville requested that the Board consider donating funding for construction of a new Gordonsville library which will be operated as part of the Orange County Library system (See Attachment A). Mayor Coiner pointed out that residents living in the northeast quadrant of the County of Albemarle benefit from the existing Gordonsville branch library and the availability of a new and more modern facility would further enhance their library experience. The Mayor further indicated that the County of Orange has allocated sufficient funding for construction of a 900 square foot branch for Gordonsville; however, the Town is attempting to raise an additional $300,000 to proYide additional space and amenities for its users. The Board requested staff to confer with the Jefferson Madison Regional Library and develop a recommendation for its consideration. STRATEGIC PLAN: Goal 1: Enhance the Quality of Life for all Citizens DISCUSSION: The County of Albemarle is a member of the Jefferson-Madison Regional Library (JMRL) System and currently appropriates $3,2 million of its general fund revenues for the operation of this system. The JMRL was created to proYide and regulate library services to the residents of the City of Charlottesville and the Counties of Albemarle, Louisa, Nelson and Greene. According to JMRL data, approximately 45,000 Albemarle County citizens hold library cards and account for 58,2 percent of all circulation for the JMRL system, In addition, the County's adopted capital improvement plan is programming approximately $50,0 million for construction of new libraries in the County over the next ten (10) years. Given its funding obligations to JMRL, staff is not aware of previous Board allocations for operational support of other library systems outside of the JMRL. Based upon information proYided by the Office of Geographic Data Services (GDS), less than 5 percent of the County's population resides within a 10 mile radius of the Town of GordonsYille (See Attachment B). Moreover, JMRL advises that approximately 320 Albemarle residents currently use the Gordonsville Library while 611 Orange/Gordonsville residents use JMRL services, Accordingly, the number of Albemarle County residents benefiting from the Gordonsville Library represents 0,35 percent of the county's total population base. The County legally cannot donate funding directly to the Town of Gordonsville or to Orange County, which operates the library, unless the funding is for services provided under a joint exercise of powers agreement approved by ordinance, However, it may be possible for indirect funding to be donated to a charitable institution or association if such institution or association provides library services to the residents of the County. BUDGET IMPACT: No funding for this request is currently provided for in the adopted Operating or Capital budgets and would therefore have to be allocated from the Board's Reserve. RECOMMENDATIONS: Staff recommends that the Board remain focused on using its increasingly limited revenues to serve the best interests of the largest possible number of county residents through its ongoing annual operating funding support for JMRL as well as development of enhanced library facilities throughout Albemarle County, Staff recommends that should the Board decide to consider this request, that it do so in the context of its overall library funding strategy and in relation to its adopted CIP process, ATTACHMENTS A - Letter from Mayor Coiner requestinq the donation B - Map from GDS showinq population near Gordonsville Attachment A ROBERT K. COINER MA YOR TOWN OF GORDONSVILLE Office of the Mayor bobcoiner@msn.com 209 EAST GORDON AVE GORDONSVILLE, VIRGINIA 22942 (540) 832-3264 August 3,2008 Mr. Robert W. Tucker Jr. County Executive, Albemarle County Dear Mr. Tucker: Gordonsville is located in a unique, three county location, with Albemarle being immediately to our west and Louisa to our south. Over the past few years, out-of-county patrons of the Gordonsville Branch Library have increased dramatically. This is something we are pleased about, as our Albemarle neighbors shopping in and visiting Gordonsville are an important part of our economy. They are also our friends and neighbors, and, invisible borders aside, many of them think of themselves as living in Gordonsville, and so do we, We are in the process of raising $300,000 to build a new library in Gordonsville. This amount is the difference Gordonsville must raise in order to build the larger of two proposed versions ofthe library. This larger version ($1.1 million) will accommodate more resources and the latest technology, as well as anticipated growth for the foreseeable future. The smaller version ($800 thousand) is only marginally better than the one we currently have. If you have seen or visited our current library, you know that when someone enters, the folks checking out books have to move over to let the person in. There is just over 900 square feet of space, with no public bathrooms, 1 computer and most of the books are not on site.' Total checkouts and renewals from non-residents for the past year were 17.231. Checkouts and renewals for residents were 22.014. Non-residents represented 44% of the library activity, and those are just the ones that have been identified as non-residents. Since everyone within ten miles of Gordonsville has a Gordonsville address, most non-residents are assumed to be residents until we find out otherwise. We have raised $89,000 toward our goal. The Town of Gordonsville voted last week to donate $20,000 from our reserves toward this effort. In asking Albemarle to consider donating to this cause, please consider that this will allow Albemarle County citizens in the eastern section of the county to use a library on a daily basis that has all of the space and modem advantages that the other Albemarle County Libraries enjoy. Also, this is a one shot expense, Orange County will, of course, fund operations for this library. This is a wonderful opportunity to leverage limited funds and receive such a wonderful facility for your citizens in the eastern end of the county. The only chance we will have to build this building the right way is before us, please consider a generous contribution. Sincerely, Bob Coiner Tn'''" n.f~ru..A^n,-""iI1A P () Qnv 'l7~ nn...Annco,,;l1A " ^ ""'")011'") Statistics provided bv the Library I realized when a patron came in earlier this week that hot all non-residents are listed, Some folks forget that a Gordonsville address does not necessarily mean Orange County resident. Here are the stats for the preYious year July 31,2007 to July 31, 2008: Checkouts Renewals Total Adult Non-Resident 9,853 1,664 11,517 Resident Adult Resident 12,449 2,119 14,568 Juyenile Non-Resident 4,895 819 5,714 Juvenile Resident 6,094 1,352 7,446 Resident 17,231 44% Non- 22,014 56% 39,245 100% Points to Consider Not asking for Funding - which could be interpreted as an obligation of sorts This would not be a precedent for future requests - Orange County will be operating and funding the library This would be a contribution to the building fund that will enable the Gordonsville Library to be as modern and spacious for the Albemarle citizens in the eastern end of Albemarle County as the other Albemarle libraries are, The Town of Gordonsville, with a very small budget (and no obligation to running County Libraries), last week voted to donate $20,000, This was not in our budget. We voted to use our reserves to enable a more capable library to be built for area citizens for the next 50 plus years, Gordonsville citizens using the library make up less than 25% of the users of the library (estimated-no stats-could be as low as 10-15%) During the life of this Library, Gordonsville could possibly expand into Albemarle County, and would then be an incorporated Albemarle town, so this could conceivably become an Albemarle library serving Albemarle citizens - but, regardless, it is serving Albemarle citizens now, (We are in boundary adjustment talks with Orange County now) This is our only chance to build it right - and for a relatively small, one time investment. The smaller version will be inadequate the day it opens, If we can't raise another hundred thousand or two now, how would we be able to raise upwards of a million in the future to do an expansion? The answer - the final form this library will take, will be what is built now and we will all live with that decision for the next 50 plus years. The library is already serving a large number of Albemarle County citizens - but not very well. (Unofficial side comment) Problem for Gordonsville is that we are kind of like the proverbial "red haired step child", We aren't the county seat, and we are on the edge of three different counties, All three county's citizens are served by our police, fire and rescue (on emergency basis) and our library, All utilize us, but sometimes we feel a little "overlooked" and "underconsidered"h - and we have a budget that is constructed on the backs of only 685 households, .. z o Vl o -< 2 WJ Z WJ WJ c<: \J WJ --' c<: -< 2 WJ co --' -< "" . ~ '" o o o 0.. o 0.. 4;~ --d .~ ~ E l5..M . 8 .s ": ~ ig 1 g t ~ ~ .: SG~ ~ ..9 ~ ~ .:!...o;:Q 0.. ..2J"'E-;;g g..g..e Sll e c..'~..I<( ~~]~ u,B..c:..c ~ -s ~ ~ ~ ~ ~ ~ u~.g:: ~ ~ 1. 5 ~ ~!~ ~ ~ ~ r ~"3~~ z ~ ~ :; d-~ 00 "N . 0 " '" u 0 ......"S; -< ~ Ji '-S~ o ."" ~~~ ; .!:! 1:: jt~ '< ~.E' >-""" -" " " ""~. . 0 " ~~ ~ d:O::E o .~ "5 . ~ a 0..";:; ::: .e- .!:! 0 t~ "'0\, ~-;-t "'E :; 0 U""C tl !~~ ~ 0 0 o "" 0.. j~i: ;) c:.:r; t8,B ;)..8 .l!! ~ 0 0.. .. ~ E ~ c '" ~ ~ ~ WJ --' --' > u..Vl Ow f- >-f- f-O U--' c<: -< J: U ~ 00 '" ... N o Z~ Attachment B r::: .~ ~ '::S ~ E ....... ..c:: " ::s ..... ....... c.... . .... C ~~ ~ ..... ~ ~::::: tI) r::: ..... ::s ::s ~ tI) " tI) r::: ;:: r::: ~ :.., C U ::s ~ o VJ 5 8 ~ <"l -< z z -< > :::l --' u.. <I> c.. ::l o ... " ..:.: u o 'iQ ~ N :;:: ;:;;';::' ~(O8 ~ >..~ !i.u;' ~- ~ ~ ~ ? ::s >. c t> <I>.g8"i:Ss ~.;~8~8 ~ i:l. e ~ :;: ~ u ~ ,.g ':; ~ ~ ~ 8 < .s ::E 0 )i@@@@ '" ~ ~ >. .. " .. ~ ::l ~ ;0:;:: " > =:: ~ <:I 0 :;::"0 ::E 5 0'-' o?j S ",<.I:: .. '" ~ i:l. ~ 6 '. .. ~ '-' "0.:.1 C u ::s 0 ~ai t>'g c tl ::s " 8] t' " .. ~ ::l ~ .~ '" c o "0 .. o '-' .c " o =:: ~ 2 0 ( COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Use Value Tax - Revalidation AGENDA DATE: September 3, 2008 SUBJECT/PROPOSAL/REQUEST: To provide information regarding a proposed revalidation requirement for property in the Use Value Tax Program, to request approval of the revalidation form, and to set a public hearing to consider a proposed ordinance to implement revalidation ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes LEGAL REVIEW: Yes ( STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Herrick, Wiggans, and W oodzell REVIEWED BY: BACKGROUND: On July 9, 2008, the Board held a work session on a proposed revalidation requirement for property in the Use Value Tax Program ("Program"), The Board requested staff provide a proposed revalidation form, This Executive Summary provides the specifics of the proposed revalidation requirement discussed at the July meeting, the proposed revalidation form (Attachment A), and an ordinance to implement revalidation (Attachment B), STRATEGIC PLAN: Objective 4,2: By June 30, 2010, increase the protection of the County's rural areas by implementing the key strategies of the Rural Area Plan, DISCUSSION: Virginia Code S 58,1-3234 authorizes the governing body of any county, city, or town to require property owners in the Program to revalidate any previously approved application, Reyalidation requires property owners in the Program to confirm that the property continues to meet Program requirements. To date, the County has not required revalidation, Prior to January 2007, the County conducted property reassessments on a biennial cycle, That two-year reassessment schedule allowed the Assessor's staff to conduct site visits of each property in the County every two years to reassess the property and, if the property was in the Program, physically inspect the property to gauge compliance with Program guidelines, In 2007, the County changed from biennial to annual reassessments, This change resulted in the Assessor's staff 'visiting each property every three to four years instead of every two years, Revalidation is a tool to assure that parcels enrolled in the Program continue to qualify without a field visit by an assessor. Advantages/Disadvantages: There are several advantages and disadvantages of a revalidation requirement. Advantages of requiring revalidation include: · greater public confidence that only qualifying parcels are receiving the special tax benefits of the Program. · regular notification to property owners of their enrollment in the Program and the requirements of the Program, · requirement that Program participants certify their farming/forestry/horticulture/open space use (i.e" Schedule F, income receipts, farm numbers, etc.). Disadvantages of requiring revalidation include: · additional administrative costs (i.e" supply/postage expense, staff assistance, and storage space needs), · failure to meet deadline(s) and/or provide proper documentation would result in parcel(s) being removed from the Program, the possible assessment of roll back taxes and taxpayer complaints. AGENDA TITLE: Use Value Tax - Revalidation September 3, 2008 Page 2 Comparative Information: The following chart shows the revalidation requirements of other localities: Locality Use Value Parcels Revalidation Augusta County 6,000 Every Year, With Fee Chesterfield County 800 Every Year, No Fee Fluvanna County 1,500 Every Year, No Fee Greene County 600 No Henrico County 410 Every Year, No Fee James City County 249 Every Year, No Fee Louisa County 3,400 Every Two Years, No fee Loudoun County 5,000 Every Year, With Fee Nelson County 2,000 Every Six Years, With Fee Orange County 1,000 Every Year, With Fee Rockingham County 5,400 Every Six Years, With Fee Albemarle County currently has 4,981 tax parcels in the Use Value Tax Program. Recommended Revalidation Process: Staff recommends that property owners in the Program be required to revalidate every two years, beginning in 2009 for tax year 2010, This two-year approach would ease the burden of the property owner having to file every year, while still providing the County adequate documentation that the property conforms to Program requirements, Staff recommends an extensive education process prior to implementation of a revalidation requirement. This education process would begin by proYiding information about revalidation to all affected owners with the second half 2008 tax bills (to be mailed in late October 2008) and the 2009 reassessment notices (to be mailed in January 2009), Using the tax bills and reassessment notices for this step of the education process would save the cost of additional mailings to Program participants. The second step of the process would be the distribution of the actual revalidation forms, These forms would be mailed in late April 2009, separately from the tax bills, to all owners in the Use Value Tax Program. The deadline for filing the forms with the Assessor's Office would be September 1, 2009. Staff recommends no fee for applicants who file by the deadline, Applications would be accepted after the deadline until December 5, 2009, but would require payment of a late fee of $125. As with the initial Use Value applications, a separate revalidation would be required for each parcel. Proposed Form: Staff collected revalidation forms in use by 12 other localities and incorporated the best elements of each form to develop the attached proposed form (Attachment A). The proposed form requires property owners to provide certain information and forms to verify the continued qualifying use of the property, Staff then consulted with several representatives of the Farm Bureau and the farming community to ensure that the form, while providing the needed information, would not be unduly burdensome. Administration of the Revalidation Process: Upon receipt of the revalidation forms, the Assessor's staff would review the paperwork for accuracy and compliance, and would make every attempt to contact landowners concerning incomplete applications prior to the final filing deadline, Property that qualified would remain in the Program. Owners of property that did not qualify would be notified and the non-qualifying properties would be removed from the Program, Implementing a reyalidation requirement would necessitate an amendment to Chapter 15, Taxation, of the County Code pertaining to the Use Value Tax Program. In order for the forms to be mailed in spring 2009, effective for the 2010 tax year, the Code amendment must be adopted by October, 2008. This would provide time for the County to AGENDA TITLE: Use Value Tax - Revalidation September 3, 2008 Page 3 conduct a public information campaign this fall and again in January (in conjunction with the 2009 reassessment) to notify the public of this new requirement. The proposed effective date of the ordinance is April 1, 2009, which is after completion of the 2009 Use Value Tax Program cycle, but in time to implement the requirement for the 2010 tax year. BUDGET IMPACT: Although the revalidation forms would be sent as a separate mailing, the fiscal impact of revalidation is expected to be minimal (less than $2,000). Expenses would include postage and printing costs, It is anticipated that existing staff will be sufficient to review the documentation upon submission, Minimal expenses are anticipated for supplies and storage. Minimal late fee revenues are projected, RECOMMENDATIONS: Staff requests that the Board provide direction to staff regarding the proposed revalidation process and form. In addition, staff recommends that the Board set the attached ordinance (Attachment B) to implement the revalidation requirement for public hearing on October 1, 2008, ATTACHMENTS: A - Proposed Revalidation Form B - Draft Ordinance '. I ~~ County of Albemarle, Virginia Real Estate Office 401 Mcintire Road, Room 243 Charlottesville, VA 22902-4596 (434) 296-5856 Attachment A :or Office Use Onlv Received Date: Received By: Revalidation For Taxation On The Basis Of land Use Assessment This form must be filed with the Real Estate Assessor no later than 5:00 p.m" September 1, 2009. If mailed, it must be postmarked NO later than midnight on the above date, An application may be submitted after September 1, but no later than December 5, by paying a late filing fee of $125,00. Failure to complete and file this form by the deadline(s) will cause the property to be removed from the Land Use program, f\JAMEL- ~DDRES-S1J ~DDRESS 2 CITY STATEm Number of Acres: Tax Map/Parcel Number: Current Acreage Use (please yerify and/or make appropriate adjustments) Agricultural Use: Horticultural Use: Forestry Use: Open Space Use: DIRECTIONS: Please complete the section(s) of the form below for the type(s) of use (Agricultural, Horticultural, Forest, and/or Open Space) that you are revalidating. For Agricultural or Horticultural Use: Please complete the applicable table(s) below or furnish one of the following: Federal tax forms (1040F) Farm Expense and Income, (4385) Farm Rental Income and Expenses, (1040E) Cash rent for Agricultural Land, (1040C) Business Profit and Loss, or (1120) Corporate Partnership. Receipts showing at least $1,000 in Gross Agricultural and/or Horticultural sales for the past year. Evidence of participation in a federal farm subsidy program, A conservation Farm Management Plan prepared by a professional. REAL ESTATE DEVOTED TO AGRICULTURAL USE TO QUALIFY FOR AGRICULTURAL USE: The applicant shall certify that the real estate is being used in a BONA FIDE program or management and production of field crops, livestock/products, poultry/products, dairy/products for sale, The real estate must consist of a minimum of five acres. Is this acreage devoted to the production FOR SALE of plants and/or animals? YES NO - - AGRICULTURAL PRODUCTION - TABLE ANIMALS CROPS KIND* COUNT NO OF MONTHS KIND NO OF ACRES AVERAGE YIELD ** NOTE: * Pleasure animals (e,Q, horses) DO NOT qualify for Land Use assessment. ** Indicate TonnaQe(T ) or Dollars($) REAL ESTATE DEVOTED TO HORTICULTURAL USE TO QUALIFY FOR HORTICULTURAL USE: The applicant shall certify that the real estate is being used in a BONA FIDE program or management and production of fruits of all kinds, including grapes, nuts and berries; vegetables; nursery and floral products for sale, The Real estate must consist of a minimum of five acres, Is this acreage devoted to the production FOR SALE of fruits, vegetables, ornamental plants and ornamental products? YES NO - - HORTICUL TURAL PRODUCTION - TABLE CROPS KIND NO OF ACRES AVERAGE YIELD (Tonnage or $) Created 08-15-2008 FOREST USE TO QUALIFY FOR FOREST USE: The owner shall certify that the real estate (minimum of twenty acres) is being used in a planned program of timber management and soil conservation practices which are intended to enhance the growth of commercially desirable species through generally accepted silviculture practices and/or reduce or prevent soil erosion by Best Management Practices such as logging road layout stabilization, streamside management zones, water diversion practices, and other Best Management Practices that prevent soil erosion and improve water quality. acres of this parcel are in forest with at least a 40% uniform stand of trees thereon, Is this acreage under an approved Forest Management Plan? If NO, do you certify that this land will be maintained and protected in a manner consistent with approved soil and water management practices? YES NO YES NO At least one of the following documents must be on file with the Real Estate office: · a plan prepared by a professional forester, · a Landowner Forest Land Use Commitment form which is available from the Real Estate Office, OPEN SPACE TO QUALIFY FOR OPEN SPACE USE: Generally the open space use of the property must be consistent with the land use plan of the county, which has been made and adopted officially in accordance with Title 15,2, Chapter 22, Article 3 of the Code of Virginia. A land use consistent with the land use plan means a use that is consistent with areas of land use zones depicted on a map that is part of the land use plan, or that directly supports or is generally consistent with stated land uses, natural resources, conservation or historic preservation objectives, goals or standards of the land use plan, The owner shall certify that the real estate (minimum of twenty acres) is devoted to one of the following uses: a. preserved as a park or for recreational purposes YES NO b, conservation of land and other natural resources YES NO c. conserving floodways YES NO d, conserving historic and scenic resources YES NO e, agriculture, horticulture or forest use YES NO acres of this parcel is in an open space contract with Albemarle County This contract is for Years and expires in month year NOTICE: If this parcel is LEASED or RENTED, please furnish the following information: Name of Lessee Phone Number Number of acres involved in the leasing and/or renting property. Amount of rentlincome or crop value received for the immediate past year, $ CERTIFICATION I/We further certify that all land for which use taxation is requested meets all requirements of applicable County ordinances and of the uniform standards prescribed by the Commissioner of Agricultural and Consumer Services, the State Forester, and/or the Director of the Department of Conservation and Recreation. I/We declare under penalty of law that this application and any attachments hereto have been examined by me and to the best of my knowledge are true and correct. I/We do hereby grant permission the Farm Service Agency and the State Forester to proYide information to the proper authorities for the purpose of administering the Land Use Program, I/We agree to allow County real estate assessors to inspect the property described in this application as authorized in Virginia Code . Sections 58,1-3233 and 58,1-3280. Print Name Owner/Authorized Signature Company (if applicable) Date Daytime Phone Number Print Name Owner/Authorized Signature Company (if applicable) Date Daytime Phone Number Created 08-15-2008 Draft: August 20, 2008 Attachment B ORDINANCE NO. 08-15(2) AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE VIII, SPECIAL ASSESSMENTS FOR AGRICULTURAL, HORTICULTURAL, FOREST OR OPEN SPACE REAL ESTATE, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 15, Taxation, Article VIII, Special Assessments for Agricultural, Horticultural, Forest or Open Space Real Estate, is hereby amended and reordained as follows: By Amending: Sec, 15-803 Same--Processing; continuation of assessment, etc,; fees CHAPTER 15. TAXATION ARTICLE VIII. SPECIAL ASSESSMENTS FOR AGRICULTURAL, HORTICULTURAL, FOREST OR OPEN SPACE REAL ESTATE Sec. 15-803 Same--Processing; continuation of assessment, etc.; fees. A. The application fee due under this article shall be figured at fifteen cents ($0,15) per acre on total acreage with the minimum charge of fifteen dollars ($15.00) per individual application and shall be paid to the director of finance of the county. However, where a landowner is required to file a new application under this article because the use or acreage of such land previously approved has changed, the application fee for each reapplication shall be fifteen dollars ($15.00). B. The tax for the next succeeding tax year for property qualifying under this article shall be based on the use value recorded in the Land Use Tax Assessment Book. C. Continuation of valuation, assessment and taxation under this article shall depend on the continuance of the real estate in the use for which classification is granted, continued payment of taxes as referred to in Virginia Code S 58,1-3235. continued revalidation everY second tax vear as orovided in subsection CD) below. and compliance with the other requirements of this article and Article 4 of Chapter 32 of Title 58.1 of the Code of Virginia, and not upon continuance of the same owner of title to the land. D. A Darcel's eli!!ibility for use value assessment shall be revalidated every two vears durin!! the second tax vear of each two-vear revalidation cvcle. A revalidation form shall be filed with the local assessinl! officer on or before Seotember 1 of the vear orecedinl! the two-vear oeriod for which the revalidation is soul!ht. on forms oreoared bv the county. A seoarate revalidation form shall be filed for each Darcel receivinl! a use value assessment. Late filinl! of a revalidation form mav be made on or before December 5 of the vear nrecedinl! the two-vear oeriod for which the revalidation is soul!ht. uoon oavment of a late filinl! fee of one hundred twenty-five dollars ($125.00). (8-23-73; 12-20-73; 7-17-75; 7-2-86; 4-13-88; Code 1988, S 8-34; Ord. 98-A(1), 8-5-98) State law reference-- Va. Code ~ 58.1-3234, This ordinance shall be effective on and after April!, 2009 Draft: August 20, 2008 Attachment B I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of_ to _, as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Aye Nay Mr, Boyd Mr. Domer Ms. Mallek Mr. Rooker Mr. Slutzky Ms. Thomas 'I' e(~. ~e 0'" ~A(/,-40/ ' l::~ 41., Attachment B Dominion D evt'IOlllllen t Resources, LLC 17'2. ::;outn t-'amu\-I::> LJllVc; Charlottesville, VA 22911 Phone: 434-979-8121 Fax: 434-979-1681 DDRVA.GOm 01-0,.. , ~~~ "- ~/ ~ ',",--,_ /v (- ~"s ~Cts May 27, 2008 Mr, Kenneth C, Boyd, Chairman Albemarle County Board of Supervisors 401 Mcintire Road Charlottesville, VA 22902 Regarding: ZMA 77-24 Conditions of Approval (Tax Map 79 Parcels 23 and 23-F, Tax Map 79C Parcel 1 ) Dear Mr, Chairman: Attached, please find exhibit A, delineating the 17 conditions of approval for ZMA 77-24, a 39-lot PRO located on 92 acres between the Glenmore PRO, North Milton Road, and the Rivanna River. The PRO incorporates Tax Map 79 Parcels 23 and 23-F and Tax Map 79C Parcel 1, The site is accessed from both Shadwell Road and North Milton Road, In accordance with item 9 of the attached Albemarle County conditions of approval, a central water system has been proposed for the subdivision, In accordance with current Albemarle County policy, a request for a central water system was denied by the County Engineer. Because the zoning of the property was approved with a condition requiring approval of a central water system, and such approval has been denied, the owner does hereby request an expansion of the service area for the provision of public water to both phases of the PRO. Please note that Phase 2 of the Subdivision lies within the Albemarle County Service Authority Jurisdictional Area (see exhibit B), Public water is also available at the adjacent Stone Robinson Elementary School and the adjacent Glenmore PRO. Two of the three access points for public water would work well for the site: a 12" waterline is located on North Milton Road in front of the Elementary School (see exhibit C) and a 16" waterline is located within the Right-of-Way, on the south side of U,S, 250 (see exhibit C), Of these two options, a connection at Shadwell Road would provide some additional benefits: fire protection (hydrants) for the existing homes along Shadwell Road, potential future water connections for residents on Shadwell Road (neighbors have Page 1 expressed concern of potential groundwater contamination from a nearby fueling station}, and a waterline location entirely within public rights-of-way. There are several disadvantages to developing the site with private wells: this would not be consistent with the zoning of the property, fire hydrants would not be accessible to 40,000 SF residential lots, 30 additional wells may increase the risk of groundwater contamination, and 30 additional wells may cause drawdown of nearby residential wells. Because the zoning was approved in 1978 and the owner is applying under the existing ordinances at the time of approval, we have a six-month time limit to file a final plat for Clifton Lake Phase 1 Subdivision. We therefore hope that the Board of Supervisors can consider this request at your earliest opportunity, Thank you for your consideration, Sijcere~ ~ti J, Kelly Strickland Cc: Mr. Greg Baldwin Mr, Patrick Lawrence Attachments: Exhibit A: ZMA 77-24 Approval and Conditions of Approval Exhibit B: ACSA Jurisdictional Area Map Exhibit C: Clifton Lake Waterline Options Exhibit D: ACSA Availability Letter Page 2 5/27/2008 to\"'(~ OF i 0" tA C; .It ,. 'lftO','t\ r .. '>f,. ; rJ~-:_ ._~ V' 1:2)< l-t , e. I ~ A __-..n. Co, - , ~~fG,:; Phor,t) # 1A & " \~) ~ ? ;:::._ FiXi' PhOne M _.......---~---'.,..,~- Pfannin, D\!plUtment ,oAla~e .~ft23 4' ~ I:A5T MARKET ST'ftI:r:t C::H/l.Rl..OTT~SVH..1.1t.. VIRGINtA za$,,01 lI01lr:aT w. ""'4;l<l:iIt. JR. 01 It&crl'H ... "loA""'''. January 25, 1978 ftlona~a;) W, 1C1l1:1oa:Ji: ..eillllli'fANV D1AlIC::TOft 0" !)~, ,~"f """Ill'" JOV .C,IILf, cm;J;l.QJt f'j..AI'lN:I;I! c;,,uILQS "'l. MDH'lfI1CD(~.MtC) '1.4"'~. " Dr. Charles W. Hurt 1290 Seminole Trail Charlotte.sville, Vir9inia Re: BOARD OF SUPERVISORS AC'l~ION Request tor ZMA~77-24 Dear Dr. Hurt: " This is to advise you that the Board' of Supe:r:visors at its n'leetiti.g" J~inuaty 18 J 1978, approved your req\lelit to rezone 92 acres from A-l to A-l/~..P~ ( COl.\.t1ty' '!'~'<K ,Map 79 I Parcel 23, part there-of; and County Tax Map 7ge, Parcell) s1;lhjeot t.CI tr.\e, followin~ conditions: if,,,' 1. Written Health Department app~ova1; :2. Vit'ginia. Department of Highways and Transportation approval of ent.rance fa,cili ties; 3. Albemal:'le County Engineering Department approval of all internal :C'oads and. priv'a.ba drives with adequate turnaround space at the end of each; 4. VirgL."lia Depart;!nlint of Highways ana Trans)?ortation approval of ini:ernal st;ate x:,::.,~,lL,; 5. No dwelli.ng units nor spetic fields to be built on slop<i!$ in ex.cess (),f 2S~; 6. No dwelling units nor septic fields to be built within 50 'feet of thl? L:lk!~ water's edge at mean level to be determined by the Virginia ,Dc.p5>xtm..$:ni: cd Hi!lalth~ 7. The applicant will hawe a certified e'r'19ineer test the existir~g d~Lt'!l and (~~,t ttfy that ~t is safe to the satisfaction of the Coun~y En9ineer;' 8. A maintenance agreement for the maintenance or all common areas, rel::r;'eat,iC:!\al facilities, private drives, and the dam to be approved 'by the Ccunty J'.ttc:rr:u~y' s Office and recorded; 9. Fillal subdivi.sion a.pproval will be subject to the County E'kngi:M~(~t: I s ,)fficfi; approval of central water systems; 10. A grading permit will be required prior to subdivision approval, 11. ~ll lots are to have access to common open space; 12. An approved secondary drainf ield location mu.st oe provided for (Hie':,'. Lc:.; 13. That the Virginia Department of Highways and Transportation revi~w t;~ intersection of Route .250 East ana Route 709 in order to determine w.he<th4~~' signs nr: warning lights are necessary; if it i~ determined. that controls A:te wa:tr.'!ld;ed, they shall be installed at the developer's expens~; 14. County Engineer.ing Department approval of right-of-way widths; l'd 9~lV~L6VEV ONINOZ-nOi8 HO~~ Hd i, t, : S L 21210- l2l- I f::'><.Hl!?l'T A -&CON7.) ....,. 41 Dr. Hurt, January 25, 1978 Pa.9~ 2 15. The number of lots in the development is limited to 39, with the ~eduction from the number of lots shown on plan presente~ to the Board of superrisors meeting- of January '18, 3.978, to he made alonq Route 729 on the west side of the lake # 16. Th~ developer is to install a road ac~oss the dam ( non-dedicated) to provide access to Route 729; 17. Setback {rom Route 729 shall be 100 feet from the centerline of the road. Sincerely, &#t#~ Ja.ne Gloeck.ner Planning Department jgj cc: file " G'd q7 I 177/ R17>:'17 .,1\.1 T I\.1(,,"\"7 _"'''''',C 1^''''rl..J t"I_~?C. ~ c: I r.:UJ"l? ~ n ... I .s; I 11 ~ E i Ii I 1 II ....;!;. ~ u ~ ~~ 'i~~~ ~~~~ UlU.oN a:E~~ il"~.. "'~~ ~ <jz ~ 8 ~ ~ ~ " ." ~ i ~ g " g ~ ~ ~ ~ <( '" "6 ; i '" ~ <; .l; " ~ u co 0 0 C\J 0 C\J 0 $ Lf) .--< . L (\) ~ ~ ~ 3 c o ~ 4- o o Lf) () .J .J 'E 0 ~ ~ g ~ 2 - Gl = >.J E Gl~ oC C ?l =~!S € 6g):::-~ &.N(\J1Oo:( ~:;~~~ ~ .~lrlO L~~~~ ..,. .,. . """ ~~"t "IT "1 -u ~XH\~(l b Albemarle County Service Auth'ri~ ~"'--- =::>:::> Serving' Conserving December 4, 2007 Dominion Development Resources, LLC Attn: Mr. Tim Miller, P.E. 172 South Pantops Drive Charlottesville, Virginia 22911 Re: Water Availability for TMP 79-23 and TMP 79C-1 Dear Mr. Miller: This letter is to confirm that public water is located approximately 500 feet southwest of the intersection of Richmond Road and North Milton Road. This water main is 12-inches in diameter and is located on the western side of North Milton Road. However, the parcels listed above are not included in the jurisdictional area for water seNice. If you have any questions regarding the information provided, or if you need any additional information, please contact me at (434) 977-4511, Ext. 114. Sincerely, ~-?7~. Jeremy M. Lynn, P.E. Senior Civil Engineer JML:dmg 0602UtilityAvailabilityNorthMilton120407 168 Spotnap Road · Charlottesville, VA 22911 · Tel (434) 977-4511 · Fax (434) 979-0698 www.serviceauthority.org COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Robert and Carolyn Michie, Albemarle County Service Authority (ACSA) Jurisdictional Area Amendment Request for Water Service AGENDA DATE: September 3, 2008 ACTION: X INFORMATION: SUBJECT/PROPOSAL/REQUEST: Request for public hearing to amend the Jurisdictional Area Boundary to proYide water service to Tax Map 79, Parcels 17 and 17C located on the north side of Route 250, near the intersection of Route 250 and North Milton Road. CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes STAFF CONTACT(S): Messrs. Tucker, Foley, Kamptner, Cilimberg, and Benish REVIEWED BY: 0 t~ LEGAL REVIEW: Yes BACKGROUND: The applicant is requesting ACSA Jurisdictional Area designation for water service to two parcels totaling 15.8 acres with two existing single-family homes (Attachment A). The parcels are on the north side Route 250 East, just north of the intersection of Route 250 and North Milton Road (Rt. 729) and adjacent to the GOCO Oil site. The parcels are located entirely within the designated Rural Areas in the Rivanna Magisterial District. The existing well serving the home and cottage has recently been tested by the Virginia Department of Environmental Quality (DEQ) and determined to be contaminated with Methyl tertiary-butyl ether (MTBE), a gasoline additive that promotes a cleaner burn of the fuel. Beginning in May 2008, the property owners experienced taste and odor problems with the water, which prompted a request to DEQ to test the well water supply for contamination. Subsequent testing of the well found MTBE concentration of 0.021 mg/L, DEQ has funded the installation of a charcoal filter system on the well to treat the contamination. DEQ considers charcoal filtration systems a temporary remediation inferior to public water service (if available) and has recommended the site be connected to public water service, The adjacent GOCO Oil site experienced a similar MTBE contamination in the wells serving that site and was approved for, and connected to, ACSA water service in 1999, Because of site conditions, including the location of the homes, out-buildings/barn, existing and back-up septic fields, and the topography of the properties, there does not appear to be a viable location for a new well on-site at a sufficient distance from the existing well to ensure no further contamination will occur in the new well. STRATEGIC PLAN: Objective 2.2 Protect and/or preserve the County's natural resources. DISCUSSION: The Comprehensiye Plan provides the following concerning the proYision of public water and sewer service: "General Principle: Urban Areas, Communities, and Villages are to be served by public water and sewer (p. 114)." "Proyide water and sewer service only to areas within the ACSA Jurisdictional Areas (p, 130)," "Follow the boundaries of the designated Development Areas in delineating Jurisdictional Areas (p.130)," "Only allow changes in the Jurisdictional Areas outside of the designated Development Areas in cases where the property is: 1) adjacent to existing lines; and 2) public health and/or safety is in danger (p. 130)." Water and sewer services by policy are intended to serve the designated Development Areas where growth is encouraged and are to be discouraged in the Rural Areas because utility services are a potential catalyst to growth. AGENDA TITLE: Robert and Carolyn Michie, Albemarle County Service Authority (ACSA) Jurisaictional Area Amendment Request for Water Service September 3, 2008 Page 2 Water supply and system capacities need to be efficiently and effectively used and reserved to serve the Development Areas. Continued connections of properties in the Rural Areas result in further extension of lines from the fringe of the existing Jurisdictional Area and into the Rural Areas, potentially straining limited water resources and capacity. This request meets the first criteria for the provision of service to Rural Area parcels (adjacency to existing service lines), The adjacent property to the east of this parcel is within the ACSA Jurisdictional Area for Water Only to Existing Structures and is served with public water. The primary issue with this request is whether the leyel of contamination experienced on-site creates a danger to the public health and safety. The County's Groundwater Manager has proyided additional information regarding the health threat of MTBE (Attachment B). DEQ has essentially established a "zero- tolerance" leyel for MTBE contaminations. However, neither the Virginia Department of Health (VDH) nor the Environmental Protection Agency (EPA) has established a leyel of MTBE contamination which is considered a health risk, The Code of Virginia requires quarterly testing of public water supplies for MTBE and reporting of concentrations above 0.015 mg/L to VDH and DEQ. As previously noted, MTBE in concentrations of 0,021 mg/L was found in the Michies' well. The County has previously granted ACSA Jurisdictional Area designation to the adjacent GOCO Oil site and the Key West subdiYision based on MTBE contamination, The contamination levels for those two sites were lower than the level found at the Michies' well. Based on the odor and taste condition of the water supply, the level of contamination within this source falling within the range suggested for public system monitoring, the proximity to a known contaminate site. and past actions regarding sites/requests with similar levels of contamination, staff recommends amendment of the ACSA Jurisdictional Area for water service only to existing structures. BUDGET IMPACT: The property owner will bear the costs for the water connection, RECOMMENDATIONS: Staff recommends the Board set a public hearing to amend the ACSA Jurisdictional Area for water only to existing structures to Tax Map 79, Parcels 17 and 17C. ATTACHMENTS A _ Location Map and ACSA Jurisdictional Area Desiqnations B - Memorandum from Groundwater Manaqer '8' t c I c "2 i ~ c o ~ 0 ,! . ~ >. al '~ It 01 <( t- Z w :E J: o <( t- ~ en c o ~ co c C) '(j) ~- co (1) ~ <( ca c o :e .- "C en 'i: :J .., "C C co c. co :E c o ~ co (.) o .J .~ OJ ~q~ "'000 -g~~~ ~~~~ O:E~;3; O-~~ ~~- C!) ----1z 00 o o N ~ o '" o <( ! . 1 ~ ~ ~~JJll , , c \\\.. , ~ , ~ I ] I , , i , ~ , , , ! , : i i ~ 8 1 . ! ~ ~ ~ . 4 o PI . ~ ll'l u ,... PI I 01 ,... "" .. ([I ~ .. . o PI I 01 ,... (1) :E (.) ~ ATTACHMENT B MEMORANDUM To: From: Date: RE: David Benish, Chief of Planning Josh Rubinstein, Groundwater Manager August 18,2008 ACSA Jurisdictional Area Amendment Request, Robert and Carolyn Michie Property (1066 Shadwell Station Lane, Charlottesville) Carolyn and Robert Michie have requested inclusion in the Albemarle County Service Authority (ACSA) jurisdiction based upon contamination oftheir well with Methyl Tertiary-Butyl Ether (MTBE), In May 2008, the Michies noticed a fuel taste in their well water and a black staining in their sediment filter. Subsequent testing of the well found MTBE concentration of 0.021 mg/L. While the MTBE concentration accounts for the taste, it does not account for the staining. Since no health standards exist for MTBE, staff must defer to the Board to answer the following question: in the context of the General Principles for Public Water and Sewer set out in the Albemarle Comprehensive Plan, should MTBE contaminated wells be considered "cases where public health and safety are at issuer' The following information may be useful in answering this question, Methyl Tertiary-Butyl Ether (MTBE) is a gasoline additive that promotes a cleaner burn. In 2001, Virginia consumed 13,600 barrels per day of MTBE, Since 2005, MTBE has been gradually phased out in favor of ethanol There has been no research into the effect(s) ofMTBE on humans. Some who work in areas with high inhalation concentrations ofMTBE have reported dizziness and nausea but no direct link the person's health has been found, At very high doses, cancers have been induced in rodents. The research has lead to no consensus on the health effect and, therefore, EP A has issued no Health Standard for MTBE. Humans, on the other hand, are extraordinarily sensitive to MTBE in very small amounts, In 1997, the EPA issued a Drinking Water Advisory that found that we begin to taste and smell MTBE at 0,02 to 0.04 milligrams per liter (mg/L)*, The Michies have described the sensation as "drinking gasoline." MTBE has a low absorption rate and a high dissolution rate, It travels faster and further in groundwater than any of the other volatile compounds associate with fuel. Because of its mobility, MTBE contamination can result from a spill of as little as ten-gallons oHuel and it can be the only contaminant detected. In the National Water Quality Assessment, the United States Geologic Survey (USGS) found that 7.5% of the 4,146 wells tested had detectable concentrations ofMTBE, As part of a zero tolerance approach to any concentration of petroleum constituents in drinking water, the Virginia Department of Environmental Quality (DEQ) has supplied and operates 27 carbon filters on private wells in Albemarle County, Seventeen are to clean water contaminated solely by MTBE. On 7 May 1997, the Albemarle County Board of Supervisors approved an amendment to the ACSAjurisdictional area to include the Key West Subdivision, Two of the four wells serving the 228 homes in the subdivision were contaminated solely with MTBE. Three of the six test wells had MTBE concentrations higher than the Drinking Water Advisory, The concentrations in well 2 never exceeded 0.021 mg/L, Eleven states have Primary Drinking Water Standards ranging from 0,01 mg/L (Delaware) to 0,24 mg/L (Mississippi), The Code of Virginia requires quarterly testing of public water supplies for MTBE and reporting concentration above 0,015 mg/L to VDH and the DEQ, Since these standards are based on the EP A Drinking Water Advisory, staff recommends that if the Board determines that MTBE is an issue of public health and safety under the Comprehensive Plan, that the 0.02 mg/L standard be adopted, In the USGS study, only one percent of the contaminated wells had concentrations higher than the EPA Drinking Water Advisory standard. Robert and Carolyn Michie ACSA Jurisdictional Area Amendment Request In May 2008, the Michies noticed a fuel taste in their well water and a black staining in their sediment filter, with subsequent well test finding MTBE in concentration of 0.021 mg/L, While the MTBE concentration accounts for the taste, it does not account for the staining, Since this concentration is so close to the Drinking Water Advisory and, since, in the case of Key West, concentrations have been shown to change over time, it is staff's recommendation that follow-up testing be done. The property is adjacent to the GOCO Oil Company from which DEQ has identified a gasoline plume, DEQ immediately contracted with Culligan to install and maintain a carbon filter on the Michie's well. DEQ approximates the cost to maintain these filters at $3000 per year, Presently, that fee is being charged to GOCO. During the deliberations on the Key West Subdivision ACSA Jurisdictional Amendment, carbon filtration was considered, At that time, this solution was deemed too expensive, . The Drinking Water Advisory states "There are over four to five orders of magnitude between the 20 to 40 micrograms per liter range and concentrations associated with observed cancer and noncancerous effects in animals," ,. " COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Kirtley Property/University of Virginia - Request to amend the existing Jurisdictional Area designation for Sewer Service. AGENDA DATE: September 3, 2008 ACTION: INFORMATION: SUBJECT/PROPOSAL/REQUEST: Set a public hearing to amend the Jurisdictional Area Service designation and associated conditions to proYide sewer service through a non-gravity line to the existing warehouse building on Tax Map 59, Parcels 23B1. The property is located on the north side of Route 250 West, adjacent to the Northridge Building. CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes STAFF CONTACT(S): Messrs, Tucker, Foley, Kamptner, Cilimberg, Benish REVIEWED BY: LEGAL REVIEW: Yes BACKGROUND: The applicant is requesting an amendment to the current ACSA Jurisdictional Area designation to allow an existing warehouse building to be served by a pumped sewer line as opposed to a gravity sewer line as required by the conditions of approval for the existing Jurisdictional Area designation. The property is located on Route 250 West, between the Northridge Building and the VoIyO of Charlottesville site. The property is zoned C-1, Commercial and is designated as Rural Areas in the County ComprehensiYe Plan, The Board of Supervisors amended the Jurisdictional Area designation for this parcel in 1984, granting conditional sewer service to this parcel and the adjacent parcels to the east (Tax Map 59, Parcels 23B, 23C1, 23D, 23F). The Jurisdictional Area designations were approyed with a condition that "sewer seryice is approyed only for the portions of these parcels which can be totally graYity fed..." Parcels 23B, 23C, 23D, and 23F have subsequently each demonstrated that the whole parcel can be served by gravity fed sewer. The recently submitted preliminary site plan for the Long Term Acute Care Hospital (L TACH) (located on portions of Parcels 23B and 23B1) demonstrated that both the L TACH building and the existing warehouse building on the Kirtley property can be served by a gravity sewer line running along the northern boundary of the Kirtley and Northridge parcels, generally parallel to the railroad right-of-way, consistent with the existing Jurisdictional Area designation. However, the applicant would prefer to pump the sewer uphill and intercept the public sewer line serving the L TACH facility as opposed to installing a lengthier and more expensive gravity line downhill to the warehouse. Aside from the benefit to the applicant, the relocation of the line would provide protection of existing trees and vegetation that would otherwise have to be removed to run the gravity line. The maintenance of this vegetation would allow for better screening of the L TACH and Northridge sites from several adjacent residential properties located in Farmington (the site is visible from at least one home), STRATEGIC PLAN: 2, Protect the County's natural resources. DISCUSSION: The Comprehensive Plan provides the following recommendations concerning the provision of public water and sewer service: "General Principle: Urban Areas, Communities, and Villages are to be served by public water and sewer (p. 114)," "ProYide water and sewer service only to areas within the ACSA Jurisdictional Areas (p. 130)." "Follow the boundaries of the designated Deyelopment Areas in delineating Jurisdictional Areas (p.130)." .. . AGENDA TITLE: Kirtley Property/University of Virginia - Request to amend the existing Jurisdictional Area designation for Sewer Service September 3, 2008 Page 2 "Only allow changes in the Jurisdictional Areas outside of the designated Development Areas in cases where the property is: 1) adjacent to existing lines; and 2) public health and/or safety is in danger (p, 130)," By policy, public water and sewer services are intended to serve the designated Development Areas where growth is encouraged and are to be discouraged in the Rural Areas because utility services are a potential catalyst to growth. Sewer supply and system capacities need to be efficiently and effectively used and reserved to serve the Development Areas. Continued connections of properties in the Rural Areas result in further extension of lines from the fringe of the existing Jurisdictional Area and into the Rural Areas, potentially straining limited sewer capacity. This request to modify the Jurisdictional Area designation is not consistent with the strict reading of the policy regarding changes to the Jurisdictional Area for Rural Areas properties because there is no health or safety reason for the requested modification. However, the applicant has demonstrated that the existing warehouse building can be served by a gravity sewer line consistent with the current conditions of the Jurisdictional area designation, Therefore, the requested change will have no impact on the leyel of sewer service provided to this site or to the Rural Areas. This request to modify the Jurisdiction Area would allow for the warehouse to be served by a pumped sewer line. While gravity service is preferred over pumped lines because of: 1) the greater potential for pump systems to fail due to power outages and breakdowns, and; 2) the higher level of maintenance necessary for a pumped system over the long-term life of the facility; this would be a private line and the responsibility for maintenance would be the property owner's. Installing the pumped sewer line would prevent the loss of approximately 30 trees, mostly mature white pines, along the Northridge parking lot. These trees would have to be removed with the installation of a gravity line. This site appears to be visible from at least one adjacent residence, New landscaping would be planted to replace these trees, although locating the new landscaping will be more difficult to achieve in this area due to the new easement for the sewer line (placement of trees within a utility easement is discouraged). BUDGET IMPACT: The property owner would bear all of the costs for connection to public water service. RECOMMENDATIONS: Based on the findings noted above, staff recommends that the Board hold a public hearing to amend the Jurisdictional Area designation to Water and Sewer Service for Tax 59, parcel 23B1, which would eliminate the condition that the site be served by gravity sewer service only. ATTACHMENTS: A - Location MaD and Jurisdictional Area Desiqnation ,. .. '" 0 0 "" I ---1z ::' E" 0 '" c 0"" .i' I ~ij E'" m'" .. .0"" "2 i~ ~ ~ ! ! f i 0 0 ~ . ~ ~ ~ I . ~ , . ~ 8 . . 0 ca c 0 +:i (.) .- "C UJ 'i: ::::s -, "C C ca C. m ca E .~ :E :> '0 C ~ ~ 0 ~ 0 +:i E E ca 0 '-' (.) ~ 0 ~ ..J ~ SEPTEMEBER 3, 2008 CLOSED MEETING MOTION I MOVE THAT THE BOARD GO INTO A CLOSED MEEETING PURSUANT TO SECTION 2.2-3711(A) OF THE CODE OF VIRGINIA . UNDER SUBSECTION (1) TO CONSIDER APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS; . UNDER SUBSECTION (1) TO EVALUATE THE PERFORMANCE OF A COUNTY DEPARTMENT WHICH REQUIRES THE DISCUSSION OF THE PERFORMANCE OF A SPECIFIC INDIVIDUAL; . UNDER SUBSECTION (7) TO CONSULT WITH LEGAL COUNSEL AND STAFF REGARDING SPECIFIC LEGAL MATTERS REQUIRING LEGAL ADVICE REGARDING AN AGREEMENT NECESSARY TO IMPLEMENT A FUNDING SOURCE FOR PUBLIC SAFETY SERVICES; AND . UNDER SUBSECTION (7) TO CONSULT WITH LEGAL COUNSEL PERTAINING TO PROBABLE LITIGATION REGARDING A CONSERVATION EASEMENT BECAUSE SUCH CONSULTATION IN AN OPEN MEETING WOULD ADVERSELY AFFECT THE NEGOTIATING OR LITIGATING POSTURE OF THE COUNTY. County of Albemarle MEMORANDUM TO: Members of the Board of Supervisors DATE: Meagan Hoy, Senior Deputy Clerk lfYl i-{ September 3, 2008 FROM: RE: Vacancies on Boards and Commissions Attached please find an updated listing of vacancies on boards and commissions through December 2008 proyided for informational purposes only. The following Boards and Commissions have been adyertised and applications were receiyed as follows: Board of BuildinQ Code Appeals: (1 yacancy) No applications receiyed. Jordan Development Corporation: (1 vacancy) No applications receiyed. Natural HeritaQe Committee: (1 yacancy) Nancy Weiss The following reappointments require action by the Board: JAUNT Board: Clifford Buys Juan Wade Natural Heritaqe Committee: John Murphy Rick Odem Carleton Ray ...JI- !!:::$Z I-_W uw::IE ii!:ti;!z"O"O ~ (3 5 ,~ ,~ -<cII..;!;! c::IEII..(j$(j$ <CD::D:: <:: <:: o 0 ~ti <c<c o 0 zz ('0, wC 1Il~ o~ 1-0 J:II.. UlII.. 3:1 W D:: ::IE Ul 0"" D::w88 WD::NN 1-_-- 3:1I..~~ W><NN ZW Ul<Xl<Xl ::IEw88 Q::e:;~~ wlI..~~ ....><~~ UJ~~ D:: W III a1~~ ::IE=>> E$ ",en en <I> Q) '" o 0 -..D:: 'C .. > "Qj tJ G)"C"C"C .... 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'" :e .. > ~ 'C'C'C e e e "~ .~ .~ .. .. .. al D:: 0:: 0:: > l: C C 'ij :8~:8~ tJ tJ tJ 0:: <C<C<C~ o Z <Xl o o N ci '" >- :; -.. "0 Q) <:: Ol (/) (/) CI) "w Q) <1J <1J <1J >->->-0:: Ol o o N M N N N N ;; ;; ;;;; ~ N N N 0000 M M M M m m m m .... <Xl <Xl o o N M co co coco co a a a a a a a a ~ ~ ~ ~ ~ ~ ~ ~ <:: o '" "" u '" -.. E ~ ~ ~ ~ E ., Q) => "C :::!:o <:: "" -a ,2 -..0:: C o ! ~ o U C Gl ~ o J III C C . '2 o '") i ~ iiii i ESSS i SSES u. 8888 ~ Illi' 0 ~~=~ i l!! l!! l!! l!! .2 ..a..a,g..a :is !!z! l. ~~ 0:: '" <:: ~ o en Qi"" 't:: <:: '" '" UJ: "0 ~ '5 0' Q) 0:: <:: o U <( o Z Q) :0 :2 W o N M ~ N ~ <Xl o o N M N ~ <:: o <I> (5 C ~ => ai "0 ~ '~ Q) 0:: <:: o U <( o Z "0 ~ '~ Q) 0:: <:: o U <( o Z Q) :0 :2 iIi ai .c E Q) :::!: Q) :0 :2 W "E '0 -.. o o ~ ;;; N ~ o o ~ ;;; N ~ <Xl o o ~ ;;; N ~ <Xl o o ~ '" N ~ ~ :E '" C) a; '" ~ tJ ~ <:: '" E :c Q) => :::!: "0 Q) Q) 0:: i fi ~ ! ~ " ~ U) . C C ~ ii2 E E o u :> ~ ! i u ~ , <C ~ .. <( ! s Ul '" " i ~ :2 S ~ 3 .. III C C C C . . > > ii2 ii: "0 ~ '~ Q) 0:: <:: o U <( o Z Q) :0 :2 iIi ai .c E Q) :::!: "E '0 -.. o o ~ ~ '" N ~ <Xl o o ~ ;;; N ~ ~ <:: 01= '" C) a; '" ~ u ~ <Xl o o ~ CD N Cia o 'C .. III '> .. 0:: Ann H, Mallek White Hall COUNfY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 Dennis S, Rooker Jack Jouett Kenneth C, Boyd Rivanna Undsay G. Dorrier, Jr, Scottsville David L. Slutzky Rio Sally H, Thomas Samuel Miller September 10, 2008 Mr. John Murphy 823 Old Turner Mountain Lane Charlottesville, VA 22901 Dear Mr. Murphy: At the Board of Supervisors meeting held on September 3, 2008, you were reappointed to the Natural Heritage Committee, with said term to expire September 30,2012. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to continue serving the County in this capacity. Sincerely, L~~ L ~,. ,Kenneth C. Boyd Chairman KCB/mrh cc: Commonwealth's Attorney County Attorney Scott Clark @ Printed on recycled paper Ann H, Mallek WhiteHall COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road CharlottesvjIle, Virginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 Dennis S, Rooker Jack Jouett Kenneth C. Boyd Rivanna Lindsay G, Dorrier, Jr. Srottsville David L. Slutzky Rio Sally H, Thomas Samuel Miller September 10,2008 Mr. Rick Odem 2303 Whippoorwill Road Charlottesville, VA 22901 Dear Mr. Odem: At the Board of Supervisors meeting held on September 3, 2008, you were reappointed to the Natural Heritage Committee, with said term to expire September 30, 2012. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to continue serving the County in this capacity. Sincerely, tL~c ~- Kenneth C. Boyd Chairman KCB/mrh cc: Commonwealth's Attorney County Attorney Scott Clark @ Printed on recycled paper Kenneth C, Boyd Rivanna COUNfY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 Lindsay G, Dorrier, Jr, Seoltsville Ann H. Mallek WhiteHall September 10, 2008 Mr. Carleton Ray 2686 Cedar Knoll Lane Charlottesville, VA 22901" \~r-.. DearM~~ ~. At the Board of Supervisors meeting held on September 3, 2008, you were reappointed to the Natural Heritage Committee, with said term to expire September 30,2012, On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to continue serving the County in this capacity. Sincerely, ~v- Kenneth C. Boyd Chairman KCB/mrh cc: Commonwealth's Attorney County Attorney Scott Clark @ Printed on recycled paper Dennis S, Rooker Jaek Jouett David L. Slutzky Rio Sally H. Thomas Samuel Miller Ann H, Mallek White Hall COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 Dennis S, Rooker Jack Jouett Kenneth C, Boyd Rivanna Undsay G, Dorrier, Jr. Scottsville David L. Slutzky Rio Sally H, Thomas Samuel Miller September 10,2008 Mr. Juandiego Wade 401 Mcintire Road CharlottesYille, VA 22902 ~ DearMr~e: ,j At the Board of Supervisors meeting held on September 3, 2008, you were reappointed to the JAUNT Board with said term to expire September 30,2011. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, ~ Kenneth C. Boyd Chairman KCB/mrh cc: Commonwealth's Attorney County Attorney Donna Shaunesey @ Printed on recycled paper Ann H, Mallek White Hall COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 Dennis S. Rooker Jack Jouett Kenneth C. Boyd Rivanna Lindsay G. Dorrier, Jr, Scottsville David L. Slutzky Rio Sally H, Thomas Samuel Miller September 10, 2008 Mr. Clifford Buys 250 Pantops Mountain Road Charlottesville, VA 22911 Dear Mr. Buys: At the Board of Supervisors meeting held on September 3, 2008, you were reappointed to the JAUNT Board with said term to expire September 30, 2011. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, lL~ c ~-r-- Kenneth C. Boyd Chairman KCB/mrh cc:~monwealth's Attorney County Attorney Donna Shaunesey @ Printed on recycled paper Allan D, Sumpter Charlottesville Residency Administrator Virginia Department of Transportation 701 VDOT Way Charlottesville, VA 2291 I ~ . CHARLOTTESVILLE RESIDENCY MONTHLY REPORT AUGUST 2008 ALBEMARLE COUNTY BOS ACTION ITEMS David Slutzky . Mowing on Rio Road - Mowing was completed by contractor forces the week of August 11 th, Vegetation control work (spraying and trimming) continues on roadways with curb sections in the urban areas. Ken Boyd . Safety Implementations on Route 29 at Forest Lakes - Vegetation work to improve site distance on Route 29 North is complete. Traffic engineering staff is performing design work associated with the installation of the new flashing warning system to be installed later in the fall. Dennis Rooker . Pavement Markings at Pedestrian Crosswalks - Traffic Engineering staff has investigated the possibility of using alternative pavement markings (yellow-green paint) at crosswalks. Several states and municipalities have utilized these markings in recent years on an experimental basis granted by the FHW A. A study concluded these markings did not improve safety and the agency has ruled no further applications will be allowed. A copy of the FHW A's ruling is attached to this report. . illegal Signs on Right-of-Way - County and VDOT have met to discuss roles and relationships in policing illegal signs. County staff was presented with a copy of a sample agreement used between VDOT and other localities that would allow the county to assess civil penalties upon offenders, Should the county wish to proceed, any edits to the agreement would require review by VDOT's Central Office and the Attorney General's Office. County staff will be providing future updates to the Board. Ann Mallek . Sight Distance Issue at Woodlands Road (Route 676) & Reas Ford (Route 660)- Discussions with the property owner have led to an agreement to relocate a section of shrubbery to improve sight distance at this location, Due to extremely dry conditions, work will not be done to relocate the shrubbery until conditions conducive to promoting plant life improve, . Drainage Issues in Advance Mills Area - The Free Union Area Headquarters has been advised to monitor problems caused by leaves and debris as the fall season approaches. Sally Thomas . Dry Bridge - Buckingham Branch Railroad Company (BBRC) has informed VDOT they are continuing to work to secure materials to perform a full bridge deck replacement in addition to the previously scheduled beam repairs. BBRC indicates work will be scheduled as quickly as possible when these materials arrive, Further updates will be provided as information is received. . Share The Road Signing - A request was made to investigate what signing could possibly be installed on rural routes to alert motorists of bicycle use. VDOT's method is the application of "Share the Road" signing with bicycle symbols. A review will be done to ensure that signing on rural roadways is in alignment with the county's designated bicycle routes. Lindsay Dorrier Page 1 of4 Virginia Department of Transportation 701 VDOT Way Charlottesville, VA 22911 · Walton School Entrance (Route 20/Route798) - A safety review of this location by VDOT Traffic Engineering has been requested. · James River Road - Bridge rehabilitation work has been completed. A safety review is underway at the requested location on Route 726. CONSTRUCTION Active Construction Projects (NFO) BR07-002-305, C501 Deck Repairs and Latex Overlay to 1-64 WBL Bridae over Stockton Creek · Defective bridge deck expansion joint replaced on Aug 20 to complete this project. 0601-002-6261. SR02 Repair bridae beam by heat straiahtenina · Heat straightening is complete. Metal diaphragms are being replaced this week. Scheduled to paint repaired areas on Sunday night to complete project. PM-7B-08 Scheduled Asphalt Overlay · Scheduled area of Rtes. 604 and 670 in Greene Co. complete. Currently paving scheduled area of Rte. 810 in Albemarle Co. 627 -039-195. M501 Grade and drainaae improvements with box culvert and asphalt pavina · Contractor is scheduled to begin work on project at the end of Aug. PRELIMINARY ENGINEERING Albemarle County · Route 631 Meadow Creek Parkway, 0631-002-128, C502, B612, B657 Utility relocation work remains ongoing, Design staff has been working on final revisions and administrative issues to allow a fall advertisement. · Meadow Creek Parkway, UOOO-104-102 (City portion) City Council has approved a resolution to provide construction easements. Design staff has been working on final revisions and administrative issues to allow a fall advertisement. · Route 691 Jarmans Gap Road, 0691-002-158, C50l VDOT continues to work on the administrative issues to allow the section of the project from Crozet A venue to Carter Street to be constructed by the county as part of the Crozet Streetscape Project (Phase II). Other ongoing work has included utility field inspection work to finalize easements, and review of traffic management plans. · Route 656 Georgetown Road, 0656-002-254, C501 Preliminary design work is continuing. A progress meeting will be held in September. · Route 743 Advance Mills Bridge, 0743-002-282 P101, R201, C501, B658 (Permanent Replacement Project) The public hearing package is currently under review by VDOT Central Office staff. The next steps will include the right-of-way acquisition and utility relocation phases. The project remains on schedule for an early 2009 advertisement. RURAL RUSTIC ROAD UPDATE ROUTE Route 806 (Estes RidQe Road) Route 765/668 (Walnut Level Road) ANTICIPATED START DATE Base stone laid; tar & Qravel 9/2/08 One cross pipe installed and out ends of other pipes cleaned out; Class I rip rap placed on outlet end; will be pulling ditches and installinQ pipes in September Mid November and progress through the winter with paving in the spring, Route 722 (Green Mountain Road) Page 2 of4 Virginia Department of Transportation 701 VDOT Way Charlottesville, VA 22911 PLANNING, PERMITS AND LAND DEVELOPMENT Land Development Items Total This Month S ecial Use Permits and Rezonin A lication Review Site Plan Reviews for new Subdivisions New Entrance Plan Reviews Total Permits Processed Ins ection of new Subdivision Street conducted Ins ection of new entrance conducted Miles of Street Acce ted in the State S stem TRAFFIC ENGINEERING 8 10 4 61 37 122 1.17 Total This Fiscal Year 8 10 4 61 37 122 1.17 Completed RTE LOCATION REQUEST STATUS Being reviewed RTE LOCATION REQUEST STATUS Reports finalized; 45 mph speed Rt729 Rt 53 to 618 Speed study limit being recommended. Forwarding to Police and then Central Office for approval. Reports finalized; 45 mph speed Rt 618 Rt 53 to 620 Speed study limit being recommended, Forwarding to Police and then Central Office for approval. Two way left turn lane Rt250 Pantops (Safety, access and Field modifications being drafted pavement markinq review) Pavement marking review; Scheduling lane striping Rt29 Hollymead to Proffitt request lane shift modifications. Pavement widening completed. Field modifications being drafted. Rts 631/743 Rio & Hydraulic Pedestrian Study New bicycle lane markings have been completed on Rio Road west and Hydraulic, MAINTENANCE WORK COMPLETED · Patching operations completed on Routes 20, 22, 606 (Dickerson), 627 (Warren Ferry), 630 (Green Creek), 693 (Burnt Mtn), 696 (Edge Valley), 704 (Fortune), 726 (James River), 764 (Link Evans), 844 (Panaroma), 1030 (Lonicera Way), 1301 (Bird), 1409 (Woodstock), 1411 (Inglewood), 1560 (Stanley), 1616 (Thrush) · Graded and replaced stone on Rt 606 (Dickerson), 629 (Browns Gap), 633 (Heards Mtn), 641 (Bumley Station), 643 (Rio Mills), 661 (Reas Ford), 668 (Fox Mtn), 689 (Pounding Creek), 694 (Miller lake), 695 (Crown Orchard), 712 (Coles Rolling), 722 (Old Green Mtn), 723 (Sharon), 724 (Lewiston Ford), 735 (Mt Alto), 737 (Mtn Vista), 761 (Briery Creek), 792 (Stump Town) · Mowing on Routes 250,600 (Stony Point Pass), 601 (Free Union/Old Ivy), 618 (Jefferson mill), 622 (Albevanna Springs), 631 (5th StI Rio), 633 (Cove Garden), 634 (Heards Mtn), 636 (Batesville), 637 (Dickwoods), 642 (Depot), 668 (Chapel Springs), 672 (Blufton), 674 (Clark), 676 (Tilman), 678 (Shifflett Mill), 697 (Sutherland), 706 (Dudley Mtn), 708 (Secretary Sand), 726 (James River), 760 (Red Hill School), 761 (Briery Creek), 762 (Rose Hill Church), 774 (Bear Creek), 795 (Blenheim) Page 3 of 4 Virginia Department of Transportation 701 VDOT Way Charlottesville, VA 22911 . 1165 (Southern Parkway) Cleared pipes and ditch work on Routes 29, 600 (Watts Passage/Stony Point Pass), 631 (Old Lynchburg), 641 (Burnley Station), 664 (Markwood), 678 (Ridge), 742 (Avon St), 760 (Red Hill), 766 (Pea Ridge), 1301 (Bird), 1545 (old Orchard) Tree cleanup on Routes 29, 601 (Free Union), 608 (Happy Creek), 631 (5th St), 635 (Craigs Store Miller School), 637 (Dickwoods), 640 (Gilbert Station), 671 (Davis Shop), 676 (Woodlands), 691 (Castle Rock), 693 (Stillhouse Creek), 1112 (Mountainwood), 1403 (Berkmar), 1515 (Airport Acres) Trash pickup to include adopt-a highway pickups on Routes on 250 Dust Control on Routes 613 (Giannini), 617 (Rockfish River), 630 (Green Creek), 633 (Cove Garden), · (Blacks), 643 (Rio Mills), 661 (Reas ford), 662 (Bleakhouse), 678 (Ridge), 699 (Boaz), 701 (Alberene Church), 703 (Pocket), 711 (Burton), 712 (Coles Rolling), 713 (Glendower), 721 (Old Dominion), 722 (Green Mtn), 723 (Sharon), 724 (Lewiston Ford), 735 (Mt Alto), 760 (Red Hill School), 761 (Briery Creek), 774 (Bear Creek), 792 (Stump Town), 793 (Serene), 829 (Horseshoe Bend), and 856 (Burton), Drain Cleaning on Routes 250, 635 (Miller School), 736 (White Mtn), Pipe Cleaning on Routes 677 (Bloomfield), 684 (Patterson Mill), and 810 (White Hall) Bridge deck work on Routes 726 (James River), Rural Rustic Road work on Route 806 (Estes), 668 (Walnut Level) and 765 (Walnut Level), . . . . . . . PLANNED MAINTENANCE WORK - SEPTEMBER 2008 · Summer maintenance activities are continuing on various routes. They include: o Pavement patching o Ditching operations o Machining and adding stone to gravel roads o Dust Control o Pipe rehabilitation and replacement o Cleaning drop inlets and storm drains o Tree trimming and removal o Guardrail mowing MAINTENANCE BUDGET r--; - -TOTAL MAINT BUDGET I ; _FORECASTED EXPENDITURES I """':'--CUMULA TIVE ACTUAL 15 //I C o,g - ~~~ ~ v .-...r- ~ - 5 ~ ~ o Jul-08 Aug-08 Sep-08 Oct-08 Nav-08 Dee-08 Jan-09 Feb-09 Mar-09 Apr-09 May-09 Jun-09 Months Page 4 of4 ~J u.s, Department of Transportation Federal Highway Administration 400 Seventh S1., S.w. Washington, D,C, 20590 December 21, 2006 In Reply Refer To: HOTO-1 Mr. Manny Ojeda Director Department of Public Works 800 Broadway Paterson, NJ 07505 Dear Mr. Ojeda: Your agency previously wrote to the Federal Highway Administration (FHW A) requesting permission to experiment with yellow-green crosswalk markings, which do not comply with the national standards contained in the Manual on Uniform Traffic Control Devices (MUTCD), Your agency's experimentation request was numbered 7-43(Ex), At this time, we are writing to all agencies that have previously corresponded with FHW A regarding these markings to notify them that the experimentations are being terminated. Most experimenting jurisdictions have used the yellow-green markings at only a relatively few crosswalks and none have submitted any follow-up evaluations or data. However, the city of Chicago, illinois, implemented these markings at well over 100 school crosswalks over a period of several years and completed a comprehensive scientific evaluation of the effects of the markings. Chicago's study found that the yellow-green crosswalk markings did not improve any quantifiable measures of effectiveness such as crashes or measured speeds. The study also found through surveys and interviews that the vast majority of school crossing guards, school principals, and parents believe that the yellow-green markings did not help to increase driver awareness, reduce speeds, improve yielding behaviors, or make the crosswalks feel safer to pedestrians, A copy of the Chicago study is enclosed for your reference. The FHW A has concluded from the Chicago study that yellow-green crosswalk markings do not improve crosswalk safety. Therefore, we are hereby terminating all previously approved experimentations with these markings and no further requests will be approved. It is not necessary that existing yellow-green markings be removed immediately, They may be allowed to wear out and not be replaced in kind, At the next scheduled maintenance refurbishment of the crosswalks, the crosswalks should be marked with standard white markings only, ~..ting 50 X' ~ o~.....- "~~ 1956 . 2:; ~... ,. ,p~ ~ 'C~. o"'e.,. Interat,e.t.0 2 We appreciate your agency's interest in these markings as well as your interest in traffic safety and operations, If there are any questions about this matter, please feel free to contact Mr. Scott Wainwright of our staff bye-mail at scott.wainwri2ht@dot.20v or by telephone at 202-366-0857. Sincerely yours, Anthony T. Furst Acting Director, Office of Transportation Operations Enclosure FHW A:HOTO-1 :SWainwrightds:60857: 12-21-06 cc: HOTO-1 HOTO-1 (HKalla/SWainwright/PRusch) Mr. Martin Knopp, HRC-MW Mr. Pat Hasson, HRC-MW HDA-NJ(2) Mr. Roger Wentz, ATSSA Mr. Jim Baron, ATSSA Mr, Ed Rice, HSA-lO Chron 3408 Reader 3408 DF(7-43(Ex)) M:\MUTCD\EXPERIME\ Various(Ex) Y -G Crosswalk Markings- Termination.doc CERTIFICATE OF ACCEPTANCE OF TERMS The undersigned County Executive of Albemarle County, Virginia (the "County"), certifies as follows: 1. Pursuant to a resolution (the "Resolution") of the Board of Supervisors of the County, adopted on September 3, 2008, he has accepted the terms of the County's General Obligation School Bonds, Series 2008A (the "Bonds"), as set forth in this certificate, 2. The Bonds shall be in the aggregate principal amount of $28,045,000, shall be sold to the Virginia Public School Authority for a purchase price of 102,5853% of the principal amount, shall have a true interest cost of 4,73392% and shall have a final maturity date of July 15, 2028. Principal shall be payable on the dates and in the amounts and the Bonds shall bear interest at rates and on the dates, all as set forth on Exhibit A. 3. The principal amounts, interest rates, purchase price, true interest cost and final maturity date accepted with respect to the Bonds are within the limitations of the Resolution, 4. A copy of this certificate has been filed with the office of the Clerk of the Board of Supervisors on the date hereof. Dated December k 2008. EXHIBIT A BOND DEBT SERVICE Virginia Public School Authority Albemarle County (Non-subsidized) Series 2008B Dated Date 12/11/2008 Delivery Date 12/1 I12008 Period Annual Ending Principal Coupon Interest Debt Service Debt Service 07/15/2009 1,405,000 4.100% 818,859.11 2,223,859.11 01/1 5/2010 659,957.50 659,957,50 2,883,816,61 07/15/2010 1,405,000 5.100% 659,957,50 2,064,957.50 01/15/2011 624,130,00 624,130,00 2,689,087.50 07/15/2011 1,405,000 5,100% 624,130.00 2,029,130,00 01/15/2012 588,302,50 588,302,50 2,617,432,50 07/15/2012 1,405,000 3,600% 588,302.50 1,993,302.50 01/15/2013 563,012,50 563,012.50 2,556,315.00 07/1 5/201 3 1,405,000 4.100% 563,012.50 1,968,012.50 01/15/2014 534,210,00 534,210.00 2,502,222.50 07/1 5/20 14 1,405,000 4.100% 534,210,00 1,939,210,00 01/15/2015 505,407.50 505,407.50 2,444,617.50 07/15/2015 1,405,000 4.100% 505,407,50 1,910,407.50 01/15/2016 476,605.00 476,605,00 2,387,012,50 07/15/2016 1,405,000 5.100% 476,605.00 1,881,605.00 01/1 5/2017 440,777.50 440,777,50 2,322,382.50 07/15/2017 1,405,000 5.100% 440,777.50 1,845,777.50 01/15/2018 404,950.00 404,950,00 2,250,727.50 07/1 5/2018 1,400,000 5,100% 404,950,00 1,804,950.00 01115/2019 369,250,00 369,250.00 2,174,200.00 07/15/2019 1,400,000 5,350% 369,250.00 1,769,250.00 01/1 5/2020 331,800,00 331,800,00 2,101,050,00 07/15/2020 1,400,000 5,350% 331,800.00 1,731,800,00 01/1 5/2021 294,350.00 294,350.00 2,026,150.00 07/15/2021 1,400,000 5,350% 294,350,00 1,694,350.00 01/1 5/2022 256,900.00 256,900,00 1,951,250.00 07/15/2022 1,400,000 5,350% 256,900.00 1,656,900,00 01/1 5/2023 219,450.00 219,450.00 1,876,350.00 07115/2023 1,400,000 5.350% 219,450.00 1,6 I 9,450.00 01/1 5/2024 182,000,00 182,000,00 1,801,450,00 07/15/2024 1,400,000 5.350% 182,000,00 1,582,000,00 01/15/2025 144,550.00 144,550,00 1,726,550.00 07/15/2025 1,400,000 5.350% 144,550,00 1,544,550.00 01/15/2026 107,100.00 107,100.00 1,651,650.00 07/15/2026 1,400,000 5.100% 107,100.00 1,507,100,00 01/1 5/2027 71,400,00 7 I ,400.00 1,578,500.00 07/15/2027 1,400,000 5.100% 7 I ,400.00 1,471,400,00 01/1 5/2028 35,700.00 35,700.00 1,507,100.00 07/15/2028 1,400,000 5.100% 35,700,00 1,435,700.00 01/1 5/2029 1,435,700,00 28,045,000 14,438,564.11 42,483,564.11 42,483,564,11 Nov 26, 2008 II :36 am Prepared by BB&T Capital Markets Page 2 .. RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS, SERIES 2008A, OF THE COUNTY OF ALBEMARLE, VIRGINIA, IN A PRINCIPAL AMOUNT NOT TO EXCEED $30,765,000 TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the School Board (the "School Board") of the County of Albemarle, Virginia (the "County"), has, by resolution adopted on August 14, 2008, requested the Board of Supervisors (the "Board") to authorize the issuance of the Bonds (as hereinafter defined) and consented to the issuance of the Bonds; and WHEREAS, the Board has determined that it is necessary and expedient to borrow an amount not to exceed $30,765,000 and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the County held a public hearing, duly noticed, on September 3,2008, on the issuance of the Bonds in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the Bond Sale Agreement (as hereinafter defined) shall indicate that $30,765,000 is the amount of proceeds requested (the "Proceeds Requested") from the Virginia Public School Authority (the "VPSA") in connection with the sale of the Bonds; and WHEREAS, VPSA's objective is to pay the County a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"), taking into consideration such factors as the amortization schedule the County has requested for the Bonds relative to the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale of VPSA's bonds; and WHEREAS, such factors may result in the Bonds having a purchase price other than par and consequently (i) the County may have to issue a principal amount of Bonds that is less than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized principal amount of the Bonds set forth in Section 1 below does not exceed the Proceeds Requested by at least the amount of any discount, the purchase price to be paid to the County, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $30,765,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes, including without limitation, the projects as described in Exhibit B. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution, 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of VPSA to purchase from the County, and to sell to VPSA, the Bonds at a price, determined by VPSA to be fair and accepted by the Chairman of the Board and the County Executive, either of whom may act [that is substantially equal to the Proceeds Requested, except that the Bonds may be sold for a purchase price not lower than 95% of the Proceeds Requested if issuing the Bonds in the maximum principal amount authorized by Section 1 of this Resolution is insufficient, given the VPSA Purchase Price Objective and market conditions, to generate an amount of proceeds substantially equal to the Proceeds Requested]. The Chairman of the Board and the County Executive, either of whom may act and such other officer or officers of the County as either may designate, any of whom may act, are hereby authorized and directed to enter into a Bond Sale Agreement dated as of October 10, 2008 (the "Bond Sale Agreement"), with VPSA providing for the sale of the Bonds to VPSA. The Bond Sale Agreement shall be in substantially the form submitted to the Board at this meeting, which form is hereby approved with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officer executing the Bond Sale Agreement, his execution to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes, 3. Details of the Bonds, The Bonds shall be issued in fully registered form, dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2008A"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 2009 (each an "Interest Payment Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution, 4. Interest Rates and Principal Installments. The County Executive is hereby authorized and directed to accept the interest rates on the Bonds established by VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by VPSA for the corresponding principal payment date of the bonds to be issued by VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further that the true interest cost of the Bonds does not exceed five and fifty one-hundredths percent (5.50 %) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of VPSA. The County Executive is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution and provided further that the final maturity of the 2 Bonds occurs no later than December 31,2028. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by VPSA and Interest Payment Dates and the Principal Installments requested by VPSA as having been so accepted by the County Executive as authorized by this Resolution. 5. Form of the Bonds, The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment; Payina Aaent and Bond Reaistrar, The following provisions shall apply to the Bonds: (a) For as long as VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in immediately available funds to VPSA at, or before 11 :00 a,m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11 :00 a,m. on the business day next succeeding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) U.S. Bank National Association, Richmond, Virginia, is designated as bond registrar and paying agent for the Bonds (the "Bond Registrar"), The County may, in its sole discretion, replace at any time the Bond Registrar with another qualified bank or trust company as successor Bond Registrar. 7. Prepayment or Redemption. The Principal Installments of the Bonds held by VPSA coming due on or before July 15, 2018, and the definitive Bonds for which the Bonds held by VPSA may be exchanged that mature on or before July 15, 2018, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by VPSA coming due after July 15, 2018, and the definitive bonds for which the Bonds held by VPSA may be exchanged that mature after July 15, 2018, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2018, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2018, through July 14, 2019 July 15, 2019, through July 14, 2020 July 15, 2020, and thereafter 101% 1001'2 100 3 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of VPSA or the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. 8. Execution of the Bonds. The Chairman or Vice Chairman of the Board, either of whom may act, and the Clerk of the Board or any Deputy Clerk, either of whom may act, are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 9. Pledae of Full Faith and Credit. For the prompt payment of the principal of and premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose, 10. Use of Proceeds Certificate and Certificate as to Arbitraae. The Chairman of the Board, the County Executive and such other officer or officers of the County as either may designate, any of whom may act, are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds, The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the County shall comply with the other covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes, 11. State Non-Arbitraae Proaram: Proceeds Aareement. The Board hereby determines that it is in the best interests of the County to authorize and direct the Director of Finance to participate in the State Non-Arbitrage Program in connection with the Bonds. The Chairman of the Board, the County Executive and such officer or officers of the County as either may designate, any of whom may act, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, VPSA, the investment manager and the depository, 4 substantially in the form submitted to the Board at this meeting, which form is hereby approved, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officer executing such Proceeds Agreement, his execution to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 12. Continuina Disclosure Aareement. The Chairman of the Board, the County Executive and such other officer or officers of the County as either may designate, any of whom may act, are hereby authorized and directed to execute a Continuing Disclosure Agreement, substantially in the form attached as Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12, under the Securities Exchange Act of 1934, as amended, and directed to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filina of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County, 14. Further Actions, The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or anyone of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. * * * The undersigned Clerk of the Board of Supervisors of the County of Albemarle, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on September 3, 2008, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. Members present at the meeting were: Mr. Kenneth C. Boyd. Mr. Lindsay G. Dorrier. Jr., Ms. Ann H, Mallek, Mr. Dennis S, Rooker, Mr, David Slutzky and Ms. Sally H. Thomas. Members absent from the meeting were: None, 5 Members voting in favor of the foregoing resolution were: Mr. Kenneth C. Boyd, Mr. Lindsay G. Dorrier, Jr., Ms. Ann H. Mallek, Mr. Dennis S. Rooker, Mr. David Slutzky and Ms, Sally H. Thomas. Members voting against the foregoing resolution were: None, Members abstaining from voting on the foregoing resolution were: None. WITNESS MY HAND and the seal of the Board of Supervisors of the County of Albemarle, Virginia, this 3rd day of September, 2008. Ji LtvW.!~ Clerk, Board of Supervisors of the County of Albemarle, Virginia [SEAL] 6 Preliminary Sizing 8/27/2008 Time 2:50pm Albemarle County Non-Subsidized Local School Bond Fiscal Principal Rate Interest Total Total 7/15/2009 $1,540,000 4.100% $891,133.06 $2,431,133.06 $0.00 1/15/2010 0 651,000,00 651,000,00 3,082,133.06 7/15/2010 1,540,000 4.100% 651,000.00 2,191,000,00 0.00 1/15/2011 0 619,430.00 619,430,00 2,810,430.00 7/15/2011 1,540,000 4,100% 619,430.00 2,159,430.00 0,00 1/15/2012 0 587,860.00 587,860,00 2,747,290.00 7/15/2012 1,540,000 4.100% 587,860.00 2,127,860.00 0,00 1/15/2013 0 556,290.00 556,290.00 2,684,150.00 7/15/2013 1,540,000 4.100% 556,290.00 2,096,290.00 0.00 1/15/2014 0 524,720.00 524,720,00 2,621,010.00 7/15/2014 1,540,000 4.350% 524,720,00 2,064,720.00 0.00 1/15/2015 0 491,225.00 491,225,00 2,555,945.00 7/15/2015 1,540,000 4,350% 491,225.00 2,031,225,00 0.00 1/15/2016 0 457,730.00 457,730.00 2,488,955.00 7/15/2016 1,540,000 4.350% 457,730.00 1,997,730.00 0.00 1/15/2017 0 424,235.00 424,235.00 2,421,965.00 7/15/2017 1,540,000 4.600% 424,235,00 1,964,235.00 0.00 1/15/2018 0 388,815,00 388,815.00 2,353,050.00 7/15/2018 1,540,000 4.600% 388,815.00 1,928,815.00 0.00 1/15/2019 0 353,395,00 353,395,00 2,282,210.00 7/15/2019 1,540,000 4.600% 353,395,00 1,893,395.00 0,00 1/15/2020 0 317,975.00 317,975.00 2,211,370.00 7/15/2020 1,540,000 4.600% 317,975,00 1,857,975,00 0,00 1/15/2021 0 282,555.00 282,555,00 2,140,530.00 7/15/2021 1,540,000 4,600% 282,555,00 1,822,555.00 0.00 1/15/2022 0 247,135.00 247,135,00 2,069,690.00 7/15/2022 1,535,000 4.600% 247,135.00 1,782,135.00 0.00 1/15/2023 0 211,830.00 211,830.00 1,993,965.00 7/15/2023 1,535,000 4.600% 211,830.00 1,746,830.00 0.00 1/15/2024 0 176,525,00 176,525.00 1,923,355.00 7/15/2024 1,535,000 4.600% 176,525.00 1,711,525.00 0,00 1/15/2025 0 141,220,00 141,220.00 1,852,745.00 7/15/2025 1,535,000 4.600% 141,220.00 1,676,220.00 0.00 1/15/2026 0 105,915.00 105,915,00 1,782,135.00 7/15/2026 1,535,000 4.600% 105,915.00 1,640,915,00 0.00 1/15/2027 0 70,610.00 70,610.00 1,711,525.00 7/15/2027 1,535,000 4.600% 70,610.00 1,605,610,00 0,00 1/15/2028 0 35,305.00 35,305,00 1,640,915,00 7/15/2028 1,535,000 4.600% 35,305.00 1,570,305.00 0,00 1/15/2029 0.00 0,00 1,570,305.00 7/15/2029 0.00 0,00 0,00 1/15/2030 0.00 0.00 0.00 7/15/2030 0,00 0.00 0.00 1/15/2031 0.00 0.00 0,00 7/15/2031 0,00 0,00 0,00 1/15/2032 0.00 0.00 0,00 7/15/2032 0.00 0.00 0.00 1/15/2033 0.00 0.00 0.00 7/15/2033 0,00 0,00 0.00 1/15/2034 0.00 0.00 0.00 Debt Total $30,765,000.00 $14,178,673.06 $44,943,673.06 $44,943,673.06 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (pLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed: Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended, A-5 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Virginia Public School Authority Bond Resolution AGENDA DATE: September 3, 2008 SUBJECT/PROPOSAUREQUEST: Approval of a Resolution authorizing the issuance of bonds in the maximum principal amount of $30,765,000 to finance certain capital improyements for the County's public schools ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: LEGAL REVIEW: Yes REVIEWED BY: STAFF CONTACT(S): Messrs, Tucker, Foley, Kamptner, Wiggans ATTACHMENTS: Yes BACKGROUND: The FY 2008/09 Capitallmproyement Budget was approyed with the intent to issue approximately $30,765,000 in bonds through the Virginia Public School Authority (VPSA) for the following projects: Total $10,316,000 $9,415,000 $45,000 $5,140,000 $100,000 $3,954,000 $645,000 $1,150,000 $30,765,000 AHS Addition/Renovation Brownsville Elementary Renovations Crozet Elementary Renovations Greer Elementary Renovations Gymnasium HV AC & Lighting Maintenance Projects Support Services Complex Vehicle Maintenance Facility Addition STRATEGIC PLAN: Goals 5: Fund the County's Future Needs. DISCUSSION: A Resolution authorizing the application to VPSA was adopted by the School Board on August 14, 2008. The attached Resolution authorizes issuance of the bonds not to exceed $30,765,000, the sale of the bonds to VPSA, and approves as to form the Bond Sale Agreement and details relating to the Bonds. In order to proceed with this process, a public hearing is scheduled on September 3, 2008 after which the Board will need to adopt the attached Resolution. BUDGET IMPACT: The FY09 CIP and Debt Service budgets anticipated the issuance of $30,765,000 in bonds for the above referenced projects. RECOMMENDATIONS: After the public hearing, staff recommends approval of the attached Resolution to authorize the issuance of bonds in the maximum principal amount of $30,765,000 to finance certain capital improvements for the County's public schools, ATTACHMENTS A - Resolution RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS, SERIES 2008A, OF THE COUNTY OF ALBEMARLE, VIRGINIA, IN A PRINCIPAL AMOUNT NOT TO EXCEED $30,765,000 TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the School Board (the "School Board") of the County of Albemarle, Virginia (the "County"), has, by resolution adopted on August 14, 2008, requested the Board of Supervisors (the "Board") to authorize the issuance of the Bonds (as hereinafter defined) and consented to the issuance of the Bonds; and WHEREAS, the Board has determined that it is necessary and expedient to borrow an amount not to exceed $30,765,000 and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the County held a public hearing, duly noticed, on September 3, 2008, on the issuance of the Bonds in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the Bond Sale Agreement (as hereinafter defined) shall indicate that $30,765,000 is the amount of proceeds requested (the "Proceeds Requested") from the Virginia Public School Authority (the "VPSA") in connection with the sale of the Bonds; and WHEREAS, VPSA's objective is to pay the County a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"), taking into consideration such factors as the amortization schedule the County has requested for the Bonds relative to the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale of VPSA's bonds; and WHEREAS, such factors may result in the Bonds having a purchase price other than par and consequently (i) the County may have to issue a principal amount of Bonds that is less than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized principal amount of the Bonds set forth in Section 1 below does not exceed the Proceeds Requested by at least the amount of any discount, the purchase price to be paid to the County, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $30,765,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes, including without limitation, the projects as described in Exhibit B. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer ofVPSA to purchase from the County, and to sell to VPSA, the Bonds at a price, determined by VPSA to be fair and accepted by the Chairman of the Board and the County Executive, either of whom may act [that is substantially equal to the Proceeds Requested, except that the Bonds may be sold for a purchase price not lower than 95% of the Proceeds Requested if issuing the Bonds in the maximum principal amount authorized by Section I of this Resolution is insufficient, given the VPSA Purchase Price Objective and market conditions, to generate an amount of proceeds substantially equal to the Proceeds Requested]. The Chairman of the Board and the County Executive, either of whom may act and such other officer or officers of the County as either may designate, any of whom may act, are hereby authorized and directed to enter into a Bond Sale Agreement dated as of October 10, 2008 (the "Bond Sale Agreement"), with VPSA providing for the sale of the Bonds to VPSA. The Bond Sale Agreement shall be in substantially the form submitted to the Board at this meeting, which form is hereby approved with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officer executing the Bond Sale Agreement, his execution to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 3. Details of the Bonds. The Bonds shall be issued in fully registered form, dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2008A"; shall bear interest from the date of delivery thereof payable semi-annually on each January IS and July IS beginning July IS, 2009 (each an "Interest Payment Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution. 4. Interest Rates and Principal Installments. The County Executive is hereby authorized and directed to accept the interest rates on the Bonds established by VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by VPSA for the corresponding principal payment date of the bonds to be issued by VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further that the true interest cost of the Bonds does not exceed five and fifty one- hundredths percent (5.50 %) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of VPSA. The County Executive is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution and provided further that the final maturity of the Bonds occurs no later than December 31, 2028. The execution and delivery ofthe Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by VPSA and Interest Payment Dates and the Principal Installments requested by VPSA as having been so accepted by the County Executive as authorized by this Resolution. 2 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment: Payin2 A2ent and Bond Re2istrar. The following provisions shall apply to the Bonds: (a) For as long as VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in immediately available funds to VPSA at, or before II :00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before II :00 a.m. on the business day next succeeding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds, (c) U.S, Bank National Association, Richmond, Virginia, is designated as bond registrar and paying agent for the Bonds (the "Bond Registrar"). The County may, in its sole discretion, replace at any time the Bond Registrar with another qualified bank or trust company as successor Bond Registrar. 7. Prepayment or Redemption. The Principal Installments of the Bonds held by VPSA coming due on or before July 15, 2018, and the definitive Bonds for which the Bonds held by VPSA may be exchanged that mature on or before July 15, 2018, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by VPSA coming due after July 15, 2018, and the definitive bonds for which the Bonds held by VPSA may be exchanged that mature after July 15, 2018, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15,2018, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2018, through July 14, 2019 July 15, 2019, through July 14,2020 July 15, 2020, and thereafter 101% 100Yi 100 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of VPSA or the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. 8. Execution of the Bonds. The Chairman or Vice Chairman of the Board, either of whom may act, and the Clerk of the Board or any Deputy Clerk, either of whom may act, are 3 authorized and directed to execute and deliver the Bonds and to affix the seal ofthe County thereto. 9. Pled2e of Full Faith and Credit. For the prompt payment of the principal of and premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds ofthe County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate and Certificate as to Arbitra2e. The Chairman of the Board, the County Executive and such other officer or officers of the County as either may designate, any of whom may act, are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the County shall comply with the other covenants and representations contained therein and (ii) the County shall comply with the provisions ofthe Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitra2e Pro2ram~ Proceeds A2reement. The Board hereby determines that it is in the best interests of the County to authorize and direct the Director of Finance to participate in the State Non-Arbitrage Program in connection with the Bonds. The Chairman of the Board, the County Executive and such officer or officers of the County as either may designate, any of whom may act, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, VPSA, the investment manager and the depository, substantially in the form submitted to the Board at this meeting, which form is hereby approved, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officer executing such Proceeds Agreement, his execution to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 12. Continuin2 Disclosure A2reement. The Chairman of the Board, the County Executive and such other officer or officers of the County as either may designate, any of whom may act, are hereby authorized and directed to execute a Continuing Disclosure Agreement, substantially in the form attached as Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12, under the Securities Exchange Act of 1934, as amended, and directed to make all filings 4 required by Section 3 of the Bond Sale Agreement should the County be determined by VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filillf! of Resolution, The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14. Further Actions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or anyone of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. * * * The undersigned Clerk of the Board of Supervisors of the County of Albemarle, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on September 3, 2008, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration ofthe foregoing resolution, a quorum was present. Members present at the meeting were: . Members absent from the meeting were: Members voting in favor of the foregoing resolution were: . Members voting against the foregoing resolution were: Members abstaining from voting on the foregoing resolution were: WITNESS MY HAND and the seal of the Board of Supervisors of the County of Albemarle, Virginia, this _ day of September, 2008. Clerk, Board of Supervisors of the County of Albemarle, Virginia [SEAL] 5 EXHIBIT A (FORM OF TEMPORARY BOND) NO. TR-l $ UNITED STATES OF AMERICA COMMONWEAL TH OF VIRGINIA COUNTY OF ALBEMARLE General Obligation School Bond Series 2008A The COUNTY OF ALBEMARLE, VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2009, and annually on July 15 thereafter to and including July 15, 20_ (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year, commencing on July 15,2009 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subj ect to prepayment or redemption as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, U.S. Bank National Association, Richmond, Virginia, or any successor entity appointed by the County, as bond registrar and paying agent (the "Bond Registrar"), shall make all payments of principal of and premium, if any, and interest on this Bond, without the presentation or surrender A-I hereof, to the Virginia Public School Authority, in immediately available funds at or before II :00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal of or premium, if any, or interest on this Bond shall be made in immediately available funds at or before II :00 a.m. on the business day next succeeding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the County Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.2- 2624, Code of Virginia 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal of and premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to'all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adopted by the County Board A-2 of Supervisors and the School Board of the County to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully registered form, in denominations of $5,000 and whole multiples thereof, and having an equal aggregate principal amount, having principal installments or maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond coming due on or before July 15, 2018, and the definitive Bonds for which this Bond maybe exchanged that mature on or before July 15, 2018, are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due after July 15, 2018, and the definitive Bonds for which this Bond may be exchanged that mature after July 15, 2018, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July IS, 2018, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: A-3 Dates Prices July 15, 2018, through July 14,2019 July 15, 2019, through July 14, 2020 July 15, 2020, and thereafter 101% 100'li 100 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without the prior written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws ofthe Commonwealth of Virginia. IN WITNESS WHEREOF, the Board of Supervisors of the County of Albemarle has caused this Bond to be issued in the name of the County of Albemarle, Virginia, to be signed by its Chairman or Vice-Chairman, its seal to be affixed hereto and attested by the signature of its Clerk of the Board or any of its Deputy Clerks, and this Bond to be dated rNovember 201,2008. COUNTY OF ALBEMARLE, VIRGINIA (SEAL) ATTEST: Clerk, Board of Supervisors ofthe County of Albemarle, Virginia Chairman, Board of Supervisors of the County of Albemarle, Virginia A-4 ASSIGNMENT FOR V ALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front ofthis Bond in every particular, without alteration or change.) Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. A-5 SCHEDULE I I-I EXHIBIT B PROJECT DESCRIPTION The Project includes the following components: Vehicle Maintenance Facility - Phase B of the project will be to construct a storage addition to the existing VMF Shop, including a first floor access, interior stairs to the second floor and second floor roof access to the existing facility. Phase C will repair, resurface and/or page parking areas, and provide lighting in the upper bus lot. Phase D is to construct an automatic wash for buses utilizing recycled water. Brownsville Elementary Addition/Renovations - The project costs of a 28,000 square foot addition to include ten regular classrooms, one self-contained classroom, four resource rooms, five offices and one faculty workroom. Albemarle High School Addition/Renovations - The project consists of a 29,000 square foot addition to include six regular classrooms, three science classrooms, one learning lab and other associated spaces. Greer Elementary Addition/Renovations - The project consists of a 36,200 square foot addition to include two phases. Phase 1 is a renovation to include interior doors, dividing spaces into resource rooms and expanding the Media Center and other associated spaces, as well as a gym addition. Maintenance Projects - Funding for maintenance and replacements projects including floor tile, lights, carpet, paving, HV AC and energy management projects. Gymnasium HV AC/Lighting Replacement - Design costs to allow air conditioning and upgraded lighting to be installed in nine elementary facilities. Support Services Complex - The project consists of constructing a new office building on a site located adjacent to an existing school facility. The new facility will house the Building Services Department and the Food Services Division. Crozet Elementary School Addition - Phase I of this project consists of site improvements to reconfigure the front parking and bus loop to provide a separation of bus unloading and parent pick up/drop off areas, as well as provide additional parking. B-1 ORDINANCE NO, 08-4(2) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 4, ANIMALS AND FOWL, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BY AMENDING ARTICLE I, IN GENERAL, AND ARTICLE III, LICENSES. BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 4, Animals and Fowl, is hereby amended and reordained by amending Article I, In General, and Article III, Licenses, as follows: By Amending: Sec,4-100 Definitions Sec. 4-300 Required Sec. 4-301 Procedure for obtaining licenses Sec. 4-302 Evidence of rabies vaccination prerequisite to issuance of license Sec. 4-307 Effect of dog not wearing collar and tag as eYidence By Amending and Renumbering: Sec. 4-303 Amount of license tax Sec. 4-304 When license tax payable Sec, 4-305 Payment of license tax subsequent to summons to Sec. 4-304 Amount of license tax to See, 4-305 When license tax payable, valid Sec. 4-309 Display of receipts to Sec. 4-306 Payment of license tax subsequent to summons to Sec, 4-308 Display of receipts; collar and tag to be worn; penalties By Adding: Sec. 4-303 Veterinarians to provide treasurer with rabies certificate information; civil penalty By Repealing: Sec. 4-306 Term Sec. 4-308 License to consist of receipt and metal tag Sec. 4-310 License tags - Attachment to collar Sec, 4-311 License tags - Contents Sec. 4-312 License tags - Collar and tag to be worn by dog; exceptions Sec. 4-313 License tags - Duplicate Sec. 4-314 License tags - Kennels Sec, 4-315 Penalties for violation of sections 4-312 and 4-314 Sec. 4-316 False statements Sec. 4-317 Penalty for failure to obtain license CHAPTER 4. ANIMALS AND FOWL ARTICLE I. IN GENERAL Sec. 4-100 Definitions. The following words as used in this chapter shall have the following meanings: (1) Abandon. The term "abandon" means to desert, forsake, or absolutely give up an animal without haYing secured another owner or custodian for the animal or by failing to proYide the elements of basic care as set forth in Virginia Code S 3.2-6503 for a period of fiye consecutive days. (2) Adequate care or care. The term "adequate care" or "care" means the responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal and the proYision of veterinary care when needed to preyent suffering or impairment of health. 1 (3) Adequate exercise, The term "adequate exercise" or "exercise" means the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal. (4) Adequate feed. The term "adequate feed" means access to and the provision of food which is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species, (5) Adequate shelter, The term "adequate shelter" means provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats, proYides a solid surface, resting platform, pad, floormat, or similar deYice that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors (i) permit the animals' feet to pass through the openings, (ii) sag under the animals' weight, or (iii) otherwise do not protect the animals' feet or toes from injury are not adequate shelter. (6) Adequate space, The term "adequate space" means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body moyements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. When an animal is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending oyer an object or edge that could result in the strangulation or injury of the animal; and is at least three times the length of the animal, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line, When freedom of movement would endanger the animal, temporarily and appropriately restricting moyement of the animal according to professionally accepted standards for the species is considered proYision of adequate space. (7) Adequate water, The term "adequate water" means provision of and access to clean, fresh, potable water of a drinkable temperature which is provided in a suitable manner, in sufficient volume, and at suitable intervals, but at least once every twelve hours, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a yeterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles which are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices. (8) Adoption, The term "adoption" means the transfer of ownership of a dog or cat from a releasing agency to an individual. (9) Agricultural animals. The term "agricultural animals" means all livestock and poultry. (10) Ambient temperature. The term "ambient temperature" means the temperature surrounding the animal. (11) Animal, The term "animal" means any domestic animal, including both agricultural and companion animals, if not specified otherwise. For the purposes of article IV, "animal" means any species susceptible to rabies. (12) Animal control officer, The term "animal control officer" means any person employed, contracted, or appointed by the Commonwealth or any political subdivision for the purpose of aiding in the enforcement of any other law or ordinance relating to the licensing of dogs, control of dogs and cats, 2 cruelty to animals, or seizure and impoundment of companion animals and includes any state or county police officer, animal control officer, sheriff or other employee whose duties in whole or in part include assignments which involye seizure or taking into custody of any dog or other animal. (13) Animal shelter. The term "animal shelter" means a facility which is used to house or contain animals and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals. (14) Boarding establishment. The term "boarding establishment" means a place or establishment other than a pound or animal shelter where companion animals not owned by the proprietor are sheltered, fed, and watered in exchange for a fee. (15) Collar, The term "collar" means a well-fitted device, appropriate to the age and size of the animal, attached to the animal's neck in such a way as to prevent trauma or injury to the animal. (16) Companion animal, The term "companion animal" means any domestic or feral dog, domestic or feral cat, non-human primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal which is bought, sold, traded, or bartered by any person, Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter. (17) Enclosure. The term "enclosure" means a structure used to house or restrict animals from running at large. (18) Euthanasia, The term "euthanasia" means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involyes anesthesia, produced by an agent which causes painless loss of consciousness, and death during such loss of consciousness. (19) Hearing dog. The term "hearing dog" means a dog trained to alert its owner by touch to sounds of danger and sounds to which the owner should respond. (20) Kennel, The term "kennel" means any establishment in which five or more canines, felines, or hybrids of either are kept for the purposes of breeding, hunting training, renting, buying, boarding, selling, or showing. (21) Livestock. The term "livestock" includes all domestic or domesticated: bovine animals; equine animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of the genus Lama; ratites; fish or shellfish in aquaculture facilities, as defined in Virginia Code ~ 3.2-2600; enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, except companion animals, (22) Owner. The term "owner" means any person who: (i) has a right of property in an animal, (ii) keeps or harbors an animal, (iii) has an animal in his care, or (iv) acts as a custodian of an animal. (23) Person. The term "person" means any individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity. (24) Poultry. The term "poultry" includes all domestic fowl and game birds raised in captiYity. (25) Pound. The term "pound" means a facility operated by the Commonwealth, or county for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals; or a facility operated for the same purpose under a contract with any county, city, town, or incorporated society for the prevention of cruelty to animals. (26) Primary enclosure. The term "primary enclosure" means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment, or hutch, For tethered animals, the term includes the shelter and the area within reach of the tether. 3 (27) Releasing agency. The term "releasing agency" means a pound, animal shelter, humane society, animal welfare organization, society for the prevention of cruelty to animals, or other similar entity or home-based rescue, that releases companion animals for adoption, (28) Service dog. The term "service dog" means a dog trained to accompany its owner for the purpose of carrying items, retrieving objects, pulling a wheelchair or other such activities of service or support. (29) Sterilize or sterilization, The term "sterilize" or "sterilization" means a surgical or chemical procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing, (30) Treatment or adequate treatment. The term "treatment" or "adequate treatment" means the responsible handling or transportation of animals in the person's ownership, custody or charge, appropriate for the age, species, condition, size and type of the animal. (31) Veterinary treatment. The term "veterinary treatment" means treatment by or on the order of a duly licensed veterinarian. (Code 1967, ~ 4-4; 4-13-88; Code 1988, ~ 4-4; Ord. 98-A(1), 8-5-98; Ord. 08-4(2), 9-3-08) State law reference-Va. Code 99 3.2-6500, 6528. ARTICLE III. LICENSES Sec. 4.300 Required. It shall be unlawful for any person other than a releasing agency that has registered as such annually with the county to own a dog four (4) months old or older in the county unless such dog is licensed, as required by the provisions of this article. (Code 1967, ~ 4-17; 9-13-89; Code 1988, ~ 4-20; Ord, 98-A(1), 8-5-98; Ord. 08-4(2), 9-3-08) State law reference-- Va. Code 9 3.2-6524, Sec. 4-301 Procedure for obtaining licenses. A. Any resident of this county may obtain a one year, two year, or three-year dog license by making oral or written application to the director of finance or his designee, accompanied by the amount of the license tax and a current certificate of vaccination as required by this chapter or satisfactory eYidence that such certificate has been obtained. B. The director of finance or his designee shall license only dogs of resident owners or custodians who reside within the county, and may require information to this effect of any applicant. Upon receipt of a proper application and a current certificate of vaccination as required by this chapter or satisfactory evidence that such certificate has been obtained, the director of finance or his designee shall issue a license receipt, on which he shall record the name and address of the owner or custodian, the date of payment, the year for which issued, the serial number of the tag, whether male or female, whether spayed or neutered, or whether a kennel, and deliver the metal license tags or plates provided for herein. Multi-year dog licenses may only be issued upon evidence that the certificate of yaccination is yalid for the duration of the multi-year license. C. The director of finance or his designee shall retain the application information during the period for which such license is valid, and shall be available for public inspection. D. It shall be unlawful for any person to make a false statement in order to secure a dog license to which he is not entitled. Any person conYicted of making a false statement in order to secure a dog license to which he is not entitled shall be guilty of a Class 4 misdemeanor and punished by a fine of not more than two hundred fifty dollars ($250.00), 4 E. Any person convicted of failure to pay the dog license tax imposed by this division prior to February 1 of any year or at such other time as may be required by this division on any dog four (4) months of age or older and owned by him shall be guilty of a Class 4 misdemeanor and punished by a fine of not more than two hundred fifty dollars ($250,00). (Code 1967, 94-18; 5-15-75; Code 1988, 94-21; Ord. 98-A(1), 8-5-98, 94-301; Code 1967, 94-33; Code 1988,94-36; Ord. 98-A(1), 8-5-98, 94-316; Code 1967, 94-34; 4-13-88; 9-13-89; Code 1988, 94-37; Ord. 98-A(1), 8-5-98, 94-317; Ord. 08-4(2), 9-3-08) State law reference-- Va. Code 99 3.2-6527, 3.2-6530(8), 3.2-6587(A). Sec. 4-302 What license shall consist of; evidence of rabies vaccination; duplicate tags. A. A dog license shall consist of a license receipt and a metal tag. The tag shall be stamped or otherwise permanently marked to show the county has issued the license and bear a serial number or other identifying information prescribed by the county. B. No dog license shall be issued for any dog unless there is presented to the director of finance or his designee, satisfactory evidence that such dog has been inoculated or vaccinated against rabies, as required by section 4-301, by a currently licensed veterinarian or currently licensed technician who was under the immediate and direct supervision of a licensed veterinarian on the premises. C. If a dog license tag shall become lost, destroyed or stolen, the owner or custodian shall at once apply to the director of finance or his designee for a duplicate license tag by presenting the original license receipt. Upon affidavit of the owner or custodian before the director of finance or his designee that the original license tag has been lost, destroyed or stolen, he shall issue a duplicate license tag, The owner or custodian shall immediately affix the duplicate license tag to the collar of the dog, The director of finance or his designee shall endorse the number of the duplicate and the date issued on the face of the original receipt. The fee for a duplicate tag shall be one dollar ($1.00). (Code 1967, 94-19; Code 1988, 94-22; Ord. 98-A(1), 8-5-98, 94-302; Code 1967, 94-25; 4-23-88; Code 1988,94-28; Ord. 98-A(1), 8-5-98, 94-308; Code 1967, 94-28; 4-13-88; Code 1988, 94-31; Ord. 98- A(1), 8-5-98, 94-311; Ord. 08-4(2), 9-3-08) State law reference -- Va, Code 99 3.2-6526, 6532. Sec. 4-303 Veterinarians to provide treasurer with rabies certificate information; civil penalty. A. Each veterinarian who yaccinates a dog against rabies or directs a veterinary technician in his employ to yaccinate a dog against rabies shall provide the owner a copy of the rabies vaccination certificate. The veterinarian shall forward within forty-five (45) days a copy of the rabies yaccination certificate or the releyant information contained in such certificate to the county's director of finance. The rabies vaccination certificate shall include at a minimum the signature of the veterinarian, the animal owner's name and address, the species of the animal, the sex, the age, the color, the primary breed, whether or not the animal is spayed or neutered, the yaccination number, and expiration date. The rabies vaccination certificate shall indicate the locality where the animal resides. B. It shall be the responsibility of the owner of each vaccinated animal that is not already licensed to apply for a license for the vaccinated dog. If the director of finance determines, from review of the rabies yaccination information provided by the veterinarians, that the owner of an unlicensed dog has failed to apply for a license within 90 days of the date of yaccination, the director of finance shall transmit an application to the owner and request the owner to submit a complete application and pay the appropriate fee, Upon receipt of the completed application and payment of the license fee, the director of finance or his designee shall issue a license receipt and a permanent tag. The director of finance shall remit any rabies vaccination certificate receiyed for any animal owned by an individual residing in another locality to the local treasurer for the appropriate locality. 5 Any veterinarian that willfully fails to provide the director of finance with a copy of the rabies vaccination certificate or the information contained in such certificate may be subject to a civil penalty not to exceed $10 per certificate. Monies raised pursuant to this subsection shall be placed in the county's general fund for the purpose of animal control activities including spay or neuter programs. (Ord, 08-4(2), 9-3-08) State law reference-Va. Code ~ 3.2-6529. Sec. 4-304 Amount of license tax. A, Dog license taxes shall be as follows: 1. Spayed Female/Neutered Male. One year tag: Five dollars ($5,00) Two year tag: Ten dollars ($10.00) Three year tag: Fifteen dollars ($15.00) 2. Unspayed Female/Unneutered Male. One year tag: Ten dollars ($10.00) Two year tag: Twenty dollars ($20,00) Three year tag: Thirty dollars ($30.00) 3. Kennel license Fifty dollars ($50.00) per block of ten dogs B, No license tax shall be levied on any dog that is trained and serves as a guide dog for a blind person or that is trained and serves as a hearing dog for a deaf or hearing impaired person, or any dog that is trained and serves as a service dog for a mobility-impaired person. (Code 1967, S 4-20; 12-20-73; 80-11-76; 2-13-85; 4-13-88; Code 1988, S 4-23; Ord. 98-A(1), 8-5-98, S 4- 303; Ord. 08-4(2), 9-3-08) State law reference-- Va, Code ~ 3.2-6528, Sec. 4-305 When license tax payable, valid. A. The license tax imposed on dogs by this article shall be due and payable no later than thirty days after a dog has reached the age of four months, or no later than thirty days after an owner acquires a dog four months of age or older and each year thereafter no later than January 31 of each year. B, If a dog shall become four months of age or if a dog over four months of age unlicensed by this county shall come into the possession of any person in this county between January 1 and October 31 of any year, a license tax for the current calendar year shall be paid forthwith by the owner. C. If a dog shall become four months of age or if a dog over four months of age unlicensed by this county shall come into the possession of any person in this county between November 1 and December 31 or any year, the license tax for the succeeding calendar year shall be paid forthwith by the owner and such license shall protect the dog from the date of payment of the license tax. (Code 1967, S 4-21; 9-13-89; Code 1988, S 4-24; Ord. 98-A(1), 8-5-98, S 4-304; Code 1967, S 4-23; Code 1988, S 4-26; Ord. 98-A(1), 8-5-98, S 4-306; Ord, 08-4(2), 9-3-08) State law reference-- Va. Code ~ 3.2-6530. Sec. 4-306 Payment of license tax subsequent to summons. 6 Payment of the license tax subsequent to a summons to appear before the judge of the general district court or other court for failure to pay the license tax within the time required shall not operate to relieve such owner from any penalty for the violation of this article. (Code 1967, ~ 4-22; Code 1988, ~ 4-25; Ord. 98-A(1), 8-5-98, ~ 4-305; Ord. 08-4(2), 9-3-08) State law reference-oVa. Code ~ 3.2-6536. Sec. 4-307 Effect of dog not wearing collar and tag as evidence. Any dog not wearing a collar bearing a license tag of the proper calendar year shall prima facie be deemed to be unlicensed, and in any proceeding under this article, the burden of proof of the fact that the dog has been licensed or was otherwise not required to bear a tag at the time shall be on the owner of the dog. (Code 1967, ~ 4-24; Code 1988, ~ 4-27; Ord. 98-A(1), 8-5-98; Ord. 08-4(2), 9-3-08) State law reference-- Va. Code ~ 3.2-6533. Sec. 4-308 Display of receipts; collar and tag to be worn; penalties. A. Dog license receipts shall be carefully preserved by the owner and exhibited promptly on request for inspection by any animal control officer or other officer. Dog license tags shall be securely fastened to a substantial collar by the owner or custodian and worn by such dog. It shall be unlawful for the owner to permit any licensed dog four (4) months old or older to run or roam at large at any time without a license tag. The owner of the dog may remove the collar and license tag required by this section when: B. The license tag for a kennel shall show the number of dogs authorized to be kept under such license, and have attached thereto a metal identification plate for each of such dogs, numbered to correspond with the serial number of the license tag. The owner of a kennel shall securely fasten the license tag to the kennel enclosure in full view and keep one of the identification plates provided therewith attached to the collar of each dog authorized to be kept enclosed in the kennel. Any identification plates not so in use must be kept by the owner or custodian and promptly shown to any animal control officer or other officer upon request. A kennel dog shall not be permitted to stray beyond the limits of the enclosure, but this shall not prohibit removing dogs therefrom temporarily while under the control of the owner or custodian for the purpose of exercising, hunting, breeding, trial or show. A kennel shall not be operated in such manner as to defraud the county of the license tax applying to dogs which cannot be legally covered thereunder or to any manner which violates other provisions of this article. (i) the dog is engaged in lawful hunting; (ii) the dog is competing in a dog show; (iii) the dog has a skin condition which would be exacerbated by the wearing of a collar; (iv) the dog is confined; or (v) the dog is under the immediate control of its owner. C. The owner of any dog found running at large at any time of the year in violation of this section, upon conviction, shall be guilty of a class 4 misdemeanor and punished by a fine of not more than two hundred fifty dollars ($250.00). (Code 1967, ~ 4-26; 4-13-88; Code 1988, ~ 4-29; Ord. 98-A(1), 8-5-98, ~ 4-309; Code 1967, ~ 4-31; 4-13- 88; Code 1988, ~ 4-34; Ord. 98-A(1), 8-5-98, ~ 4-314; Code 1967, ~ 4-32; 4-13-88; Code 1988, ~ 4-35; Ord. 98-A(1), 8-5-98; Ord. 05-4(1), 12-7-05, ~ 4-315; Ord. 08-4(2), 9-3-08) State law reference--Va. Code ~~ 3.2-6531, 3.2-6587(A). This ordinance to be effective on and after November 1, 2008. 7 I, Ella W. Jordan, do hereby certify that the foregoing writing is a true and correct copy of an Ordinance duly adopted by the Board of Supervisors of Albe Ie County by a vote of six to zero, as recorded below, at a meeting held on September 3. 2008. Mr. Boyd Mr. Dorrier Ms. Mallek Mr. Rooker Mr. Slutzky Ms. Thomas Ave y: y: y: y: y: y: Nav 8 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Ordinance Amendment - Chapter 4, Animals and Fowl- Article I, In General; and Article III, Licenses AGENDA DATE: September 3,2008 ACTION: X INFORMATION: SUBJECT/PROPOSAL/REQUEST: Public hearing to consider an ordinance to update the definitions and provisions of the animal ordinance relating to dog licenses to conform to Virginia Code requirements and to increase dog license taxes. CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Wiggans, and Correa; and Ms. Lyttle. REVIEWED BY: LEGAL REVIEW: Yes BACKGROUND: The 2008 General Assembly amended the Virginia Code provisions relating to local animal laws and dog licenses to become effective on October 1, 2008. Title 3.2 will replace the current provisions of Title 3.1. On August 6th, the Board authorized an ordinance to be set for public hearing to update the County Code provisions relating to dog licenses and to consider an increase in the dog license tax effective for calendar year 2009. Other animal ordinance updates not relating to dog license taxes will be brought to the Board later this year. The County has required dog owners that reside in the County and kennel operators in the County to obtain an annual dog license for at least the past forty years. The current dog license tax for a dog owner is five dollars for an unspayed and unneutered dog and three dollars for a spayed and neutered dog. The current dog license tax for a kennel is fifteen dollars for up to twenty dogs and twenty-five dollars for up to fifty dogs. The County's dog license tax was last increased on February 13, 1985, and the previous increase was on December 20, 1973. Virginia Code ~ 3.1-796.87 (~ 3.2-6528) authorizes localities to establish a dog license tax not to exceed ten dollars per dog, and a kennel license tax for kennels of ten, twenty, thirty, forty or fifty dogs not to exceed fifty dollars for anyone such block of kennels. STRATEGIC PLAN: Goal 5: Fund the County's Future Needs Objective 5.1: Develop a comprehensive funding strategy/plan to address the County's growing needs. DISCUSSION: The attached draft ordinance (Attachment A) reorganizes and updates the County Code dog license provisions to conform to Virginia Code provisions and to mirror the language of the Virginia Code. In addition, the draft ordinance proposes to: . Include the addition of definitions for "hearing dog," "releasing agency," "service dog" and "kennel" that mirror the Virginia Code definitions. "Kennel" is defined as an establishment with five or more canines, felines or hybrids of either which are kept for the purposes of breeding, hunting, training, renting, buying, boarding, selling or showing; . Add the Virginia Code ~ 3.1-796.87: 1 (~3.2-6529) requirement for veterinarians to provide the County Finance Director rabies certificate information within forty-five days after vaccinating a dog; . Include two and three year dog license options in addition to the one year license as authorized by Virginia Code ~ 3.1-796.88 (~3.2-6530(B)). This allows dog owners to purchase a dog license which can run concurrently with the rabies vaccination, thereby reducing the number of renewals; . Increase the criminal penalty for making a false statement in order to secure a dog license (currently a fine of not less than $5.00 nor more than $100.00) and the penalty for failure to timely pay the dog license tax AGENDA TITLE: Ordinance Amendment - Chapter 4, Animals and Fowl - Article I, In General; and Article III, Licenses September 3, 2008 Page 2 (currently a fine of $10.00) to a penalty punishable as a class 4 misdemeanor with a fine of up to $250.00 as authorized by Virginia Code ~ 3.1-796.128(A) (93.2-6587(A)); and . Increase the dog license tax from $3.00 to $5.00 for spayed and neutered dogs; from $5.00 to $10.00 for unspayed and unneutered dogs; and eliminate the two types of kennel licenses, establishing one kennel license of $50.00 for up to ten dogs as authorized by Virginia Code 9 3.1-796.87 (9 3.2-6528). Additional kennel licenses may be purchased if an owner has more than ten dogs. Other localities with similar kennel tag license provisions include Culpeper County, Augusta County, Page County and Rockingham County. The draft ordinance is recommended to become effective on November 1, 2008 to correlate with the date the County's 2009 dog licenses become available for purchase. BUDGET IMPACT: The unfunded legislative mandate enacted by the General Assembly in 2007 requiring veterinarians to report vaccinations monthly to localities required the reassignment of one full-time County employee devoted exclusively to the administration of dog licensing. In addition, the initial cost of enforcement under that new law was approximately $3,000 and the estimated recurring annual expense is $1,200. The dog license tax revenue in 2007 totaled $11,630 for the sale of 3,022 tags. It is estimated that the 2009 revenue will be $24,793 at the current dog license fee rates based on historical sales and responses to violation notices to date (generated as a result of the monthly vaccination reports). The estimated 2009 revenue increases $18,627 to $43,420 if the Board adopts the proposed dog license fee amendment. To provide the option to purchase two and three year licenses will require 28 hours of programming to modify the Finance software. RECOMMENDATIONS: Staff recommends that, after the public hearing, the Board adopt the attached ordinance. ATTACHMENTS A - Draft Ordinance Draft: August 15,2008 ORDINANCE NO. 08-4(2) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 4, ANIMALS AND FOWL, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BY AMENDING ARTICLE I, IN GENERAL, AND ARTICLE III, LICENSES. BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 4, Animals and Fowl, is hereby amended and reordained by amending Article I, In General, and Article III, Licenses, as follows: By Amending: Sec.4-100 Definitions Sec. 4-300 Required Sec. 4-301 Procedure for obtaining licenses Sec. 4-302 Evidence of rabies vaccination prerequisite to issuance of license Sec. 4-307 Effect of dog not wearing collar and tag as evidence By Amending and Renumbering: Sec. 4-303 Amount oflicense tax Sec. 4-304 When license tax payable Sec. 4-305 Payment of license tax subsequent to summons Sec. 4-309 Display of receipts to Sec. 4-304 Amount oflicense tax to Sec. 4-305 When license tax payable, valid to Sec. 4-306 Payment oflicense tax subsequent to summons to Sec. 4-308 Display of receipts; collar and tag to be worn; penalties By Adding: Sec. 4-303 Veterinarians to provide treasurer with rabies certificate information; civil penalty By Repealing: Sec. 4-306 Term Sec. 4-308 License to consist of receipt and metal tag Sec. 4-310 License tags - Attachment to collar Sec. 4-311 License tags - Contents Sec. 4-312 License tags - Collar and tag to be worn by dog; exceptions Sec. 4-313 License tags - Duplicate Sec. 4-314 License tags - Kennels Sec.4-315 Penalties for violation of sections 4-312 and 4-314 Sec.4-316 False statements Sec. 4-317 Penalty for failure to obtain license CHAPTER 4. ANIMALS AND FOWL ARTICLE I. IN GENERAL Sec. 4-100 Definitions. The following words as used in this chapter shall have the following meanings: (1) Abandon. The term "abandon" means to desert, forsake, or absolutely give up an animal without having secured another owner or custodian for the animal or by failing to provide the elements of basic care as set forth in Virginia Code ~ 3.1 796.68 S 3.2-6503 for a period of five consecutive days. (2) Adequate care or care. The term "adequate care" or "care" means the responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health. (3) Adequate exercise. The term "adequate exercise" or "exercise" means the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal. 1 Draft: August 15,2008 (4) Adequate feed. The term "adequate feed" means access to and the provision of food which is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species. (5) Adequate shelter. The term "adequate shelter" means provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats, provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors (i) permit the animals' feet to pass through the openings, (ii) sag under the animals' weight, or (iii) otherwise do not protect the animals' feet or toes from injury are not adequate shelter. (6) Adequate space. The term "adequate space" means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. When an animal is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least three times the length of the animal, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space. (7) Adequate water. The term "adequate water" means provision of and access to clean, fresh, potable water of a drinkable temperature which is provided in a suitable manner, in sufficient volume, and at suitable intervals, but at least once every twelve hours, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles which are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices. (8) Adoption. The term "adoption" means the transfer of ownership of a dog or cat from a releasing agency to an individual. (9) Agricultural animals. The term "agricultural animals" means all livestock and poultry. (10) Ambient temperature. The term "ambient temperature" means the temperature surrounding the animal. (11) Animal. The term "animal" means any domestic animal, including both agricultural and companion animals, if not specified otherwise. For the purposes of article IV, "animal" means any species susceptible to rabies. ll2lf81 Animal control officer. The term "animal control officer" means any person employed, contracted, or appointed by the Commonwealth or any political subdivision for the purpose of aiding in the enforcement of any other law or ordinance relating to the licensing of dogs, control of dogs and cats, cruelty to animals, or seizure and impoundment of companion animals and includes any state or county police officer, animal control officer, sheriff or other employee whose duties in whole or in part include assignments which involve seizure or taking into custody of any dog or other animal. 2 Draft: August 15,2008 LW~ Animal shelter. The term "animal shelter" means a facility which is used to house or contain animals and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals. (14) Boarding establishment. The term "boarding establishment" means a place or establishment other than a pound or animal shelter where companion animals not owned by the proprietor are sheltered, fed, and watered in exchange for a fee. (15) Collar. The term "collar" means a well-fitted device, appropriate to the age and size of the animal, attached to the animal's neck in such a way as to prevent trauma or injury to the animal. (16) Companion animal. The term "companion animal" means any domestic or feral dog, domestic or feral cat, non-human primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal which is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter. (17) Enclosure. The term "enclosure" means a structure used to house or restrict animals from running at large. (18) Euthanasia. The term "euthanasia" means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent which causes painless loss of consciousness, and death during such loss of consciousness. (19) Hearine doe. The term "hearinl! dOl!" means a dOl! trained to alert its owner bv touch to sounds of danl!er and sounds to which the owner should resoond. (20) Kennel. The term "kennel" means anv establishment in which five or more canines. felines. or hvbrids of either are keot for the ourooses of breedinl!. huntinl! traininl!. rentinl!. buvinl!. boardinl!. sellinl!. or showinl!. ~ Livestock. The term "livestock" includes all domestic or domesticated: bovine animals; equine animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of the genus Lama; ratites; fish or shellfish in aquaculture facilities, as defined in Virginia Code ~ 3.1 73.6 S 3.2-2600; enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, except companion animals. (22)~ Owner. The term "owner" means any person who: (i) has a right of property in an animal, (ii) keeps or harbors an animal, (iii) has an animal in his care, or (iv) acts as a custodian of an animal. (2ll~ Person. The term "person" means any individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity. ~ Poultry. The term "poultry" includes all domestic fowl and game birds raised in captivity. ~~ Pound. The term "pound" means a facility operated by the Commonwealth, or county for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals; or a facility operated for the same purpose under a contract with any county, city, town, or incorporated society for the prevention of cruelty to animals. (26)~ Primary enclosure. The term "primary enclosure" means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment, or hutch. For tethered animals, the term includes the shelter and the area within reach of the tether. 3 Draft: August 15,2008 (27) Releasine aeencv. The term "releasing agencv" means a oound. animal shelter. humane societv. animal welfare organization. society for the orevention of crueltv to animals. or other similar entitv or home- based rescue. that releases comoanion animals for adootion. (28) Service doe. The term "service dog" means a dog trained to accomoanv its owner for the oumose of carrying items. retrieving obiects. nulling a wheelchair or other such activities of service or suooort. (29)~ Sterilize or sterilization. The term "sterilize" or "sterilization" means a surgical or chemical procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing. (30)~ Treatment or adequate treatment. The term "treatment" or "adequate treatment" means the responsible handling or transportation of animals in the person's ownership, custody or charge, appropriate for the age, species, condition, size and type of the animal. (ill~ Veterinary treatment. The term "veterinary treatment" means treatment by or on the order of a duly licensed veterinarian. (Code 1967, S 4-4; 4-13-88; Code 1988, S 4-4; Ord. 98-A(1), 8-5-98; Ord. 08-4(2), 9-3-08) State law reference Similar provisisns, Va. CSSEl ~ 3.1 796.66 Va. Code 00 3.2-6500. 6528. ARTICLE III. LICENSES Sec. 4-300 Required. It shall be unlawful for any person other than a releasing agencv that has registered as such annuallv with the countv to own a dog four (4) months old or EWer older in the county unless such dog is licensed, as required by the provisions of this division article. (Code 1967, S 4-17; 9-13-89; Code 1988, S 4-20; Ord. 98-A(1), 8-5-98; Ord. 08-4(2),9-3-08) State law reference- Similar prevision, Va. Code ~ 3.1 7%.85 Va. Code 0 3.2-6524. Sec. 4-301 Procedure for obtaining licenses. A. Any resident of this county may obtain a one vear. two vear. or three-vear dog license by making oral or written application to the director of finance or his designee ageflt, accompanied by the amount of the license tax and a current certificate of vaccination as reauired bv this chanter or satisfactorv evidence that such certificate has been obtained. B. The director of finance or his ageflt designee shall license only dogs of resident owners or custodians who reside within the county, and may require information to this effect of any applicant. Upon receipt of ~ proper application and a current certificate of vaccination as reauired bv this chaoter or satisfactorv evidence that such certificate has been obtained, the director of finance or his ageflt designee shall issue a license receipt, on which he shall record the name and address of the owner or custodian, the date of payment, the year for which issued, the serial number of the tag, whether male or female. whether soaved or neutered. or whether a kennel, unsexed female, female or kennel, and deliver the metal license tags or olates orovided for herein. to the applicant. Multi-vear dog licenses mav onlv be issued uoon evidence that the certificate of vaccination is valid for the duration of the multi-year license. C. The director of finance or his designee shall retain the annlication information during the neriod for which such license is valid. and shall be available for oublic insnection. D. It shall be unlawful for anv oerson to make a false statement in order to secure a dog license to which he is not entitled. Anv oerson convicted of making a false statement in order to secure a dog license to which he is not entitled shall be guiltv of a Class 4 misdemeanor and nunished bv a fine of not more than two hundred fifty dollars ($250.00), 4 Draft: August 15, 2008 E. Anv oerson convicted of failure to oav the dOl! license tax imoosed bv this division orior to Februarv 1 of anv vear or at such other time as mav be required bv this division on anv dOl! four (4) months of al!e or older and owned bv him shall be I!uiltv of a Class 4 misdemeanor and ounished bv a fine of not more than two hundred fiftv dollars ($250.00). · (Code 1967, S 4-18; 5-15-75; Code 1988, S 4-21; Ord. 98-A(1), 8-5-98, S 4-301; Code 1967, S 4-33; Code 1988, S 4-36; Ord. 98-A(1), 8-5-98, S 4-316; Code 1967, S 4-34; 4-13-88; 9-13-89; Code 1988, S 4-37; Ord. 98-A(1), 8-5-98, S 4-317; Ord. 08-4(2), 9-3-08) State law reference- Similar pr0'/isiefls, Va. Cede ~~ 3.1 796.86, 3.1 796.12g(1) Va. Code SS 3.2-6527. 3.2-6530(8). 3.2-6587(A)' Sec. 4-302 What license shall consist of: eEvidence of rabies vaccination: duolicate tal!s. prerequisite to issuftnee of Iieense. A. A dOl! license shall consist of a license receiot and a metal tal!. The tal! shall be stamoed or otherwise oermanentlv marked to show the countv has issued the license and bear a serial number or other identifvinl! information orescribed bv the countv. B. No dog license shall be issued for anv dOl! by the director of fina-nce or his agent for any dog unless there is presented to the director of finance or his desiQ:11ee agent, at the time application for such license is made, evidence satisfactory evidence to him or his agent that such dog has been inoculated or vaccinated against rabies. as required bv section 4-301. bv a currentlv licensed veterinarian or currentlv licensed technician who was under the immediate and direct suoervision of a licensed veterinarian on the oremises. within the past thirty six (36) months with a rabies vaceine approved by the state department of health. C. If a dOl! license tal! shall become lost. destroved or stolen. the owner or custodian shall at once aoolv to the director of finance or his desiQ:11ee for a duolicate license tal! bv oresentinl! the oril!inal license receiot. Uoon affidavit of the owner or custodian before the director of finance or his desiQ:11ee that the oril!inal license tal! has been lost. destroved or stolen. he shall issue a duolicate license tal!. The owner or custodian shall immediatelv affix the duolicate license tal! to the collar of the dOl!. The director of finance or his desiQ:11ee shall endorse the number of the duolicate and the date issued on the face of the oril!inal receiot. The fee for a duolicate tal! shall be one dollar ($1.00), (Code 1967, S 4-19; Code 1988, S 4-22; Ord. 98-A(1), 8-5-98, S 4-302; Code 1967, S 4-25; 4-23-88; Code 1988, S 4-28; Ord. 98-A(1), 8-5-98, S 4-308; Code 1967, S 4-28; 4-13-88; Code 1988, S 4-31; Ord. 98-A(1), 8- 5-98, S 4-311; Ord. 08-4(2), 9-3-08) State law reference Reql:liriRg evideRee of rabies vaeeinatieR te be presented prior te issuanee sf lieense, Va. Code ~ 3.1 79fJ.97 Va. Code SS 3.2-6526 6532. Sec. 4-303 Veterinarians to orovide treasurer with rabies certificate information: civil oenaltv. A. Each veterinarian who vaccinates a dOl! al!ainst rabies or directs a veterinarv technician in his emolov to vaccinate a dOl! al!ainst rabies shall orovide the owner a coov of the rabies vaccination certificate. The veterinarian shall forward within fortv-five (45) davs a coov of the rabies vaccination certificate or the relevant information contained in such certificate to the county's director of finance. The rabies vaccination certificate shall include at a minimum the siQ:11ature of the veterinarian. the animal owner's name and address. the soecies of the animal. the sex. the al.!e. the color. the orimarv breed. whether or not the animal is soaved or neutered. the vaccination number. and exoiration date. The rabies vaccination certificate shall indicate the localitv where the animal resides. B. It shall be the resoonsibility of the owner of each vaccinated animal that is not alreadv licensed to aoolv for a license for the vaccinated dol.!. If the director of finance determines. from review of the rabies vaccination information orovided bv the veterinarians. that the owner of an unlicensed dol.! has failed to aoolv for a license within 90 davs of the date of vaccination. the director of finance shall transmit an aoolication to the owner and request the owner to submit a comolete aoolication and oav the aoorooriate fee. 5 Draft: August 15,2008 Uoon receiot of the comoleted aoolication and oavment of the license fee. the director of finance or his desilmee shall issue a license receiot and a oermanent tag. The director of finance shall remit anv rabies vaccination certificate received for anv animal owned bv an individual residing in another localitv to the local treasurer for the aoorooriate localitv. Anv veterinarian that willfullv fails to orovide the director of finance with a coov of the rabies vaccination certificate or the information contained in such certificate mav be subiect to a civil oenaltv not to exceed $10 oer certificate. Monies raised oursuant to this subsection shall be olaced in the county's general fund for the oumose of animal control activities including soav or neuter orograms. (Ord. 08-4(2), 9-3-08) State law reference-Va. Code ~ 3.2-6529. Sec. 4-30~3 Amount of license tax. A. Dog license taxes shall be as follows: 1. Pemale. Five dolla:rs ($5.00). 2. Femal.e, unscxed (successfully spayed). Three dollars ($3.00). 3. US/I.e, neutcr-cd. Three dollars ($3.00). 4. Mal.e, unneutered. Fiye dollars ($5.00). 5. Kennel, twenty dogs. Fifteen dolla-rs ($15.00). 6. Kennc!, fifty dogs. Twenty five dollars ($25.00). 1. Svaved Female/Neutered Male. One vear tag: Five dollars ($5.00) Two vear tag: Ten dollars ($10.00) Three vear tag: Fifteen dollars ($15.00) 2. Unsvaved Female/Unneutered Male. One vear tag: Two vear tag: Three vear tag: Kennel license Ten dollars ($10.00) Twentv dollars ($20.00) Thirtv dollars ($30.00) Fiftv dollars ($50.00) oer block often dOllS 3. B. No license tax shall be levied on any dog that is trained and serves as a guide dog for a blind person or that is trained and serves as a hearing dog for a deaf or hearing impaired person, or anv dog that is trained and serves as a service dog for a mobilitv-imoaired oerson. (Code 1967, S 4-20; 12-20-73; 80-11-76; 2-13-85; 4-13-88; Code 1988, S 4-23; Ord. 98-A(1), 8-5-98, S 4- 303; Ord. 08-4(2), 9-3-08) State law reference-.<^.meHFlt efli66fls6 ftJ6S, Va. Cea6 ~ 3.1 7% S7 Va. Code ~ 3.2-6528. Sec. 4-30~ When license tax payable~. A. The license tax imposed on dogs by this diT/ision article shall be due and oavable no later than thirtv davs after a dog has reached the age of four months. or no later than thirtv davs after an owner acquires a dog four months of age or older and each vear thereafter no later than Januarv 31 of each vear. and payable as ~ A. Not later than January 31 of each year, the ovmer of uny dog four months old or older shall pay a license tax as prescribed in section 4 303. 6 oj Draft: August 15,2008 B. If a dog shall become four months of age or if a dog over four months of age unlicensed by this county shall come into the possession of any person in this county between January 1 and October 31 of any year, a license tax for the current calendar year shall be paid forthwith by the owner. C. If a dog shall become four months of age or if a dog over four months of age unlicensed by this county shall come into the possession of any person in this county between November 1 and December 31 or any year, the license tax for the succeeding calendar year shall be paid forthwith by the owner and such license shall protect the dog from the date of payment of the license tax. (Code 1967, S 4-21; 9-13-89; Code 1988, S 4-24; Ord. 98-A(1), 8-5-98, S 4-304; Code 1967, S 4-23; Code 1988, S 4-26; Ord. 98-A(1), 8-5-98, S 4-306; Ord. 08-4(2), 9-3-08) State law reference- Similar proyisioHS, Va. Code ~ 3.1 7%.1':1': Va. Code S 3.2-6530. Sec. 4-30~S Payment of license tax subsequent to summons. Payment of the license tax subsequent to a summons to appear before the judge of the general district court or other court for failure to nav the license tax de-se within the time required shall not operate to relieve such owner from any penalty for the violation of this division article. (Code 1967, S 4-22; Code 1988, S 4-25; Ord. 98-A(1), 8-5-98, S 4-305; Ord. 08-4(2),9-3-08) State law reference- Similar pnwisieBs, Va. Coae ~ 3.1 796.103 Va. Code S 3 2-6536. See. 4 306 Term. Dog licenses shall be T/alid for the culenda:r year, from Janua:l)' 1 to December 31. (Code 1967, ~ 423; Code 1988, ~ 426; Ord. 98 A(l), 8598) Sec. 4-307 Effect of dog not wearing collar and tag as evidence. Any dog not wearing a collar bearing a license tag of the proper calendar year shall prima facie be deemed to be unlicensed, and in any proceeding under this division article, the burden of proof of the fact that the dog has been licensed or was otherwise not required to bear a tag at the time shall be on the owner of the dog. (Code 1967, S 4-24; Code 1988, S 4-27; Ord. 98-A(1), 8-5-98) State law reference- Similar )'lrevisieBs, Va. Cede ~ 3.1 796 1':9 Va. Code S 3.2-6533. See. 4 308 Lieense to eonsist of reeeipt and metal tag. /\ dog license shall consist of a license receipt a:nd a metal tag. (Code 1967, ~ 4 25; 423 88; Code 1988, ~ 4 28; Ord. 98.\.(1),85 98) State law refereBee Similar proyisieHS, Va. Code ~ 3.1 796.90. Sec. 4-30~9 Display of receipts: collar and tal! to be worn: oenalties. A. Dog license receipts shall be carefully preserved by the owner licensees and exhibited promptly on request for inspection by any animal control officer or other officer. DOl! license tal!s shall be securelv fastened to a substantial collar bv the owner or custodian and worn bv such dOl!. It shall be unlawful for the owner to nermit anv licensed dOl! four (4) months old or older to run or roam at lame at anv time without a license tal!. The owner of the dOl! mav remove the collar and license tal! reauired bv this section when: (i) the dOl! is enl!al!ed in lawful huntinl!: (ii) the dOl! is comnetinl! in a dOl! show: (iii) the dOl! has a skin condition which would be exacerbated bv the wearinl! of a collar: (iv) the dOl! is confined: or (v) the dOl! is under the immediate control of its owner. 7 Draft: August 15,2008 B. The license tal! for a kennel shall show the number of dOl!s authorized to be keot under such license. and have attached thereto a metal identification olate for each of such dOl!s. numbered to corresoond with the serial number of the license tal!. The owner of a kennel shall securelv fasten the license tal! to the kennel enclosure in full view and keeo one of the identification olates orovided therewith attached to the collar of each dOl! authorized to be keot enclosed in the kennel. Anv identification olates not so in use must be keot bv the owner or custodian and oromotlv shown to anv animal control officer or other officer uoon request. A kennel dOl! shall not be oermitted to strav bevond the limits of the enclosure. but this shall not orohibit removinl! dOl!s therefrom temoorarilv while under the control of the owner or custodian for the ouroose of exercisinl!. huntinl!. breedinl!. trial or show. A kennel shall not be ooerated in such manner as to defraud the county of the license tax aoolvinl! to dOl!s which cannot be lel!allv covered thereunder or to anv manner which violates other orovisions of this article. C. The owner of anv dOl! found runninl! at lame at anv time of the vear in violation of this section. uoon conviction. shall be I!uiltv of a class 4 misdemeanor and ounished bv a fine of not more than two hundred fifty dollars ($250.001. (Code 1967,94-26; 4-13-88; Code 1988, 94-29; Ord. 98-A(1), 8-5-98, 94-309; Code 1967, 94-31; 4-13-88; Code 1988, 9 4-34; Ord. 98-A(1), 8-5-98, 9 4-314; Code 1967, 9 4-32; 4-13-88; Code 1988, 9 4-35; Ord. 98- A(1), 8-5-98; Ord. 05-4(1),12-7-05,94-315; Ord. 08-4(2), 9-3-08) State law reference- Similar )'lflwisieRs, Va. Code ~~ 3.1 796.92,3.1 796.128; Va. Code 55 3.2-6531. 3.2-6587(A)' See. 4 319 Lieense tags Attaehment to eo liar. Dog license tags shall be seol:lrely fastened to a substantial collar by the owncr or custodian and worn by such dog. (Code 1967, ~ 4 47; 4 13 88; Code 1988, ~ 1 30; Ord. 981\(1),8598) See. 4 311 Lieense tags Contents. Dog lioense tags shall be stamped or otherwise permanently Il1&rked to show the jl:lrisdiotion issuing the license, the sex of the dog and the oalendar year for y;hich issued, and shall bear a serial number. (Code 1967, ~ 128; 413 88; Code 1988, ~ 4 31; Ord. 98;\(1), 8598) State la-V\' reference Similar provisions, Va. Code ~ 3.1 796.90. See. 4 312 Lieense tags Collar and tag to be worn by dog; exeeptions. It shall be rmla'.vful f{)r the owner to permit any licensed dog four (1) months old or older to run or roam at large at any timc without a lioense tag. The owner of the dog muy remove the collar and lioense tag required by this seotion (i) when the dog is engaged in lawful hunting, (ii) when the dog is competing in a dog show, (iii) when the dog has a skin condition which would be cxacerbated by the wearing of a oollar, (iv) when thc dog is confincd, or (v) v/hen the dog is under the immediate control of its O'liller. (Code 1967, ~ 1 29; 4 13 88; 9 13 89; Code 1988, ~ 4 32; Ord. 981'\(1),8598) State law ref-erence Similar provisions, Va. Code ~ 3.1 798.92. See. 4 313 Lieense tags Daplieates. If a dog license tag shall become lost, destroyed or stolen, the o';vner or custodian shall at once apply to the direetor of finanoe or his agent for a duplicate license tag, presenting the original license reeeipt. Upon affidavit of the O'.Vller or el:lstodian before the dircctor of finance or his agent that the original lioense tag has been lost, destroyed or stolen, he shall issue a duplicate license tag, whioh the O'liller or custodian shall immediately affix to the collar of the dog. The director of finanee or his agent shall endorse the number of the duplicate and the date issued on the face of the original license receipt. The fee for a duplicate tag shall be one dollar ($1.00). (Code 1967, ~ 4 30; 4 13 88; Code 1988, ~ 133; Ord. 98 1^.(1), 8598) State la-VI reference Similar pro'/isions, Va. CeGe ~ 3.1 7%.91. 8 Draft: August 15,2008 See. 4 314 Lieense tags Kennels. The license tag for a kennel shall show the IRHllber of dogs authorized to be kept under such license, and ha'le attaehed thereto a metal identification plate for each of such dogs, numbered to correspond with the serial nl:lmber of the license tag. The ovmer of a kennel shall securely fasten the license tag to the kennel endosure in full '/iew and keep one of the identification plates pro'/ided therewith attached to the collar of each dog authorized to be kept enclosed in the kennel. ,\ny identification plates not so in use In1:lst be kept by the oymer or custodian and promptly shown to any animal control officer or other officer l:1pon request. /\ kennel dog shall not be pennitted to stray beyond the limits of the enclosure, but this shall not prohibit remo'/ing dogs therefrom temporarily '.vhile under the control of the oymer or custodian for the purpose of exercising, hunting, breeding, trial or show. /.. kennel shall not be operated in such manner as to defraud the county of the license tax applying to dogs which cannot be legally covered thereunder or to in any manner violate other provisions of this article. (Code 1967, ~ 431; 413 88; Code 1988, ~ 134; Ord. 98 A(l), 8598) See. 4 315 Penalties faF yialatian af seetians 4 312 and 4 314. The owner of any dog found running at large at any time of the year in violation of either section 4 312 or section 4 314, upon cOll'liction, shall be guilty of a Class 4 misdemeanor and punished by a fine of not more than two hundred fifty dollars ($250.00). (Code 1967, ~ 132; 11388; Code 1988, ~ 4 35; Ord. 981\(1),8598; Ord. 054(1),12705) State law referente Similar provision, Va. Code ~ 3.1 796.128, See. 4 316 False statements. It shall be unla'.vful for any person to make a false statement in order to secure a dog license to which he is not entitled. Any person who shall make a false statement in order to secure a dog license to which he is not entitled shall be fined not less than fiye dollars ($5.00) nor more than one hundred dollars ($100.00). (Code 1967, ~ 1 33; Code 1988, ~ 1 36; Ord. 98 A(1), 8598) State law referenee Similar fJf0visien, Va. Code ~ 3 1.798.128(1 ). See. 4 317 Penalty faF failure ta abtain lieense. hl-Y person convicted of failure to pay the dog license tax imposed by this division prior to February 1 of any year or at such other time as may be required by this division on any dog four (1) months of age or over and o':med by him shall be fined not less than the amount of the license tax required for such dog nor more than ten dollars ($10.00), and shall be required to obtain the proper license f-or such dog forth',vith. (Code 1967, ~ 1 34; 4 13 88; 9 13 89; Code 1988, ~ 1 37; Ord. 98 }.(1), 8598) State law refereBte Similar fJHJYisi0Fl, Va. Cede ~ 3.1 798.128(2). This ordinance to be effective on and after November 1, 2008, I, Ella W. Jordan, do hereby certify that the foregoing writing is a true and correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County by a vote of to , as recorded below, at a meeting held on Clerk, Board of County Supervisors Ave Nay Mr. Boyd Mr. Dorrier Ms. Mallek Mr. Rooker Mr. Slutzky Ms. Thomas 9 ~ ORDINANCE NO. 08-17(4) AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA, BY AMENDING ARTICLE III, STORMWATER MANAGEMENT AND WATER QUALITY BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 17, Water Protection, Article III, Stormwater Management and Water Quality, is amended and reordained as follows: By Amending: Sec. 17-319 Types of development exempt from duties to retain, establish or manage a stream buffer Chapter 17. Water Protection Article III. Stormwater Management and Water Quality Sec. 17-319 Types of development exempt from duties to retain, establish or manage a stream buffer. The following types of development shall not be required to retain, establish or manage a stream buffer, provided that the requirements of this section are satisfied: A. The construction, installation, operation and maintenance of electric, gas and telephone transmission lines, railroads, and activities of the Virginia Department of Transportation, and their appurtenant structures, which are accomplished in compliance with the Erosion and Sediment Control Law (Virginia Code 9~ 10.1-560 et seq.) or an erosion and sediment control plan approved by the Virginia Soil and Water Conservation Board. B. The construction, installation, and maintenance by public agencies of water and sewer lines, including water and sewer lines constructed by private interests for dedication to public agencies, provided that: 1. stream buffer areas; To the extent practical, the location of such water or sewer lines shall be outside of all 2. No more land shall be disturbed than is necessary to construct, install and maintain the water or sewer lines; and 3. All such construction, installation, and maintenance of such water or sewer lines shall comply with all applicable federal, state and local requirements and permits and be conducted in a manner that protects water quality. C. Silvicultural activities, provided that such activities are conducted in compliance with the water quality protection procedures established by the Virginia Department of Forestry in its "Best Management Practices Handbook for Forestry Operations." D. The construction, installation and maintenance of runways, taxiways, and other similar or appurtenant improvements at public airports, including the expansion or extension of those improvements, provided that all applicable federal, state and local permits are obtained. (919.3-43,2-11-98; 9 19.2-12, 6-19-91, ~ 12; Code 1988, ~9 19.2-12,19.3-43; Ord. 98-A(1), 8-5-98; Ord. 08- 17(4),9-3-08) State law reference--Va. Code ~ 10.1-2108. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true and correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County b a vote of six to zero, as recorded below, at a meeting held on September 3. 2008. Mr. Boyd Mr. Dorrier Ms. Mallek Mr. Rooker Mr. Slutzky Ms. Thomas Ave Nav y: y: y: y: y: y: COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: WPT A 2008 -003 - Public Airport Runways and Associated Improvements AGENDA DATE: September 3, 2008 ACTION: X INFORMATION: SUBJECT/PROPOSAUREQUEST: Public hearing to consider an ordinance to amend County Code 917-319 to exempt public airport runways and associated improvements from stream buffer requirements CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Kamptner, Graham, and Brooks REVIEWED BY: LEGAL REVIEW: Yes BACKGROUND: On August 13, 2008, the Board authorized a public hearing to consider amending the Water Protection Ordinance ("Ordinance") to allow public airport runways and associated improvements to be exempt from stream buffer requirements. The Charlottesville-Albemarle Airport's ("Airport") planned extension of its runway encroaches into stream buffers protected by the Ordinance. The planned extension is shown in the Airport's master plan, is incorporated into the County's Comprehensive Plan through the master plan, and is supported by the Board as evidenced by its August 13, 2008 resolution of support. Additionally, the runway extension has already gone through a federal approval process that included an environmental assessment. STRATEGIC PLAN: Effectively manage growth and development DISCUSSION: Staff recognized a potential conflict between a planned runway extension at the Airport and the Ordinance when reviewing a site plan for the Airport that includes the runway extension. Staff found that the runway extension encroached into a protected stream buffer and that a runway was not specifically addressed in the Ordinance. To resolve this potential conflict, staff determined that either an ordinance amendment or an interpretation of the Ordinance by the Program Authority would be required. Recognizing the Airport was under tight contractual timelines, the Director of Community Development, acting as the Program Authority under the Ordinance, directed staff to proceed with the review of the project, treating the runway as if it were a driveway. This delayed the need to make a final interpretation and provided an opportunity to bring forward an ordinance amendment to address this issue. If the Ordinance is not amended, an Ordinance interpretation will need to be finalized before approving or denying a grading plan that allows disturbance of this stream buffer. In proposing an ordinance amendment, staff considered three options for allowing a public airport runway within protected stream buffers. Those options included: 1. Under ~ 17-319 of the Ordinance, treat a public runway as an exempted activity; 2. Under 9 17-320 of the Ordinance, treat a public runway as an authorized activity with established conditions; and 3. Under 9 17-321 of the Ordinance, treat a public runway as a discretionary activity that requires a case by case determination and mitigation plan. Staff supports an amendment to make the public airport runway an exempt activity under 917-319 of the Ordinance for the following reasons. First, water quality impacts associated with the runway extension are already regulated A AGENDA TITLE: WPTA 2008 -003 - Public Airport Runways and Associated Improvements September 3, 2008 Page 2 under federal and state permits. This suggests that water quality regulation at the local level is redundant and would divert scarce staff resources from other projects where there are no state and federal safeguards. Second, the runway extension is already recognized by the County as a planned improvement in the Comprehensive Plan and by the Board's August 13th resolution of support. This demonstrates that the runway extension should be viewed as a Board endorsed project rather than a project subject to administrative denial by staff. Additionally, a public airport runway is a unique and very rare development, suggesting that standard conditions as an authorized activity will likely provide a poor fit. Finally, staff recognizes the Airport and the County have a long and cooperative relationship. While such an exemption might not be appropriate for all development, staff is confident the Airport will remain open to staff suggestions on additional water quality measures beyond what is required. BUDGET IMPACT: Staff has not identified any budget impact associated with the proposed ordinance amendment. This amendment will simplify the County's administration of the grading permit, but that activity is already funded through the fees in the Water Protection Ordinance. Under County policy, the Airport pays the same fees as any other developer. RECOMMENDATIONS: After the public hearing, staff recommends that the Board adopt the attached ordinance to exempt public airport runways and associated improvements from the Water Protection Ordinance stream buffer requirement. ATTACHMENTS A - WPT A 2008-0003 Ordinance Draft: 08/14/08 ORDINANCE NO. 08-17( ) AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA, BY AMENDING ARTICLE III, STORMW A TER MANAGEMENT AND WATER QUALITY BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 17, Water Protection, Article III, Stormwater Management and Water Quality, is amended and reordained as follows: By Amending: Sec. 17-319 Types of development exempt from duties to retain, establish or manage a stream buffer Chapter 17. Water Protection Article III. Stormwater Management and Water Quality Sec. 17-319 Types of development exempt from duties to retain, establish or manage a stream buffer. The following types of development shall not be required to retain, establish or manage a stream buffer, provided that the requirements of this section are satisfied: A. The construction, installation, operation and maintenance of electric, gas and telephone transmission lines, railroads, andtlctivities of the Virginia Department of Transportation, and their appurtenant structures, which are accomplished in compliance with the Erosion and Sediment Control Law (Virginia Code ~~ 10.1-560 et seq.) or an erosion and sediment control plan approved by the Virginia Soil and Water Conservation Board. B. The construction, installation, and maintenance by public agencies of water and sewer lines, including water and sewer lines constructed by private interests for dedication to public agencies, provided that: 1. stream buffer areas; To the extent practical, the location of such water or sewer lines shall be outside of all 2. No more land shall be disturbed than is necessary to construct, install and maintain the water or sewer lines; and 3. All such construction, installation, and maintenance of such water or sewer lines shall comply with all applicable federal, state and local requirements and permits and be conducted in a manner that protects water quality. C. Silvicultural activities, provided that such activities are conducted in compliance with the water quality protection procedures established by the Virginia Department of Forestry in its "Best Management Practices Handbook for Forestry Operations." D. The construction. installation and maintenance of runwavs. taxiwavs. and other similar or aoourtenant imorovements at oublic airoorts. includinl! the exoansion or extension of those imorovements. orovided that all aoolicable federal. state and local oermits are obtained. (~ 19.3-43, 2-11-98; ~ 19.2-12, 6-19-91, ~ 12; Code 1988, ~~ 19.2-12, 19.3-43; Ord. 98-A(1), 8-5-98) State law reference--Va. Code ~ 10.1-2108. 4 Draft: 08/14/08 I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to _, as recorded below, at a regular meeting held on Aye Nay Mr. Boyd Mr. Dorrier Ms. Mallek Mr. Rooker Mr. Slutzky Ms. Thomas Clerk, Board of County Supervisors . Rivanna Conservation Society P.O. Box 1501 Charlottesville, VA 22902-1501 (434) 977-4837 Statement of Sept. 3, 2008, regarding CHO Airport Runway Expansion and Water Protection Ordinance Amendment Good afternoon Mr. Chairman and members of the Board. My name is Tatyanna Patten and I'm speaking on behalf of the Rivanna Conservation Society. We come today to voice our concern about the proposed amendment to the County's Water Protection Ordinance. Stream buffers are a critical component of healthy waterways and provide a number of water quality benefits: . They filter pollutants out of stormwater runoff. . They hold streambanks in place when excessive runoff would otherwise carve sediment from the banks and deposit it on the streambed. . They provide shade that keeps water temperatures cool and protects aquatic habitat. For these reasons, we have strongly supported the County's efforts to strengthen its buffer protections over the past couple of years, and we are disappointed that the proposal before you tonight seems to represent a step in the opposite direction. It is our understanding that there are actually three possible ordinance amendments that would adequately address the airport's need to expand the runway. Option #1 would unequivocally allow all airport expansions and improvements as exempted activities from the water protection ordinance; Option #2 would authorize all such airport activities with established conditions-conditions which would be difficult to pin down, since not all activities would have the same impact; Option #3 would treat all such airport activities as discretionary, requiring each project to be considered on a case-by- case basis with a mitigation plan submitted for review. Staff recommends Option #1. Under this option, as staff has explained it, the airport would not even be required to submit a stream buffer mitigation plan showing how it will alleviate new intrusions into its buffer areas by, for example, establishing a more robust buffer elsewhere. This recommendation does not seem to recognize that the County's buffer mitigation requirements are uniquely valuable. There is no state or federal law that we are aware of that requires such mitigation when the County exempts a particular type of buffer disturbance. As a result, the list of outright exemptions to this local ordinance should not be expanded lightly. The particular runway expansion which has given rise to this proposed amendment has both a public benefit and the approval of this body. We do not oppose this project. We appreciate that the RECEIVED AT BOS MEETING q'3'~ ooZ 1 ~J Agenda Item ,: vIM tbv y 1 Clerk's Initials: i' 'T' n Date: >, I airport has cooperated with staff in the past to put water protections in place and, by all the communications to date, appears willing to do the same in this case. Voluntarily, the airport management has put forth a strong mitigation plan for the erosion and sediment caused by their construction and is pursuing post-expansion restoration possibilities. The current airport management has, in our opinion, established good faith in addressing the watershed concerns of this project in the development of their plan and we trust them to continue in the same vein. However, we fear the precedential value the amendment described in Option #1 may have with respect to other proposals. The wording of it is too broad, covering not just this runway expansion, but all expansions and improvements. Future airport projects may not meet the needs or complement the intent of the County's Comprehensive Plan as well as this project does. Ms. Hutchinson has been very forthcoming, providing public assurance and pursuing environmentally sound practices, but future management may not be as sensitive to these issues. Is it right to allow any developer or business--even one which provides a public benefit--carte blanche in all future cases to ignore the protections we have enacted for our watershed just to move one project forward? Arguably no; otherwise this Board would not have instituted those protections. We look to you, our County officials, to exercise judgment over just these kinds of matters. Option #1, the exemption amendment, would essentially bypass an important public interest safeguard on future projects. Therefore, we think the better solution here is Option #3-amend ~ 17-321 of the Water Protection Ordinance to simply require the airport to submit a mitigation plan, as other developments have to do--rather than creating a new exemption outright. Option #3 still allows this desired runway expansion to move ahead, but does not promise exemption to all future airport activities. Nor does it grant an exemption that other entities which provide public benefits, like Amtrak, UVA, or Martha Jefferson, might use as precedence to establish expansion exemptions of their own. The airport has already looked into mitigation and restoration remedies on this project. It seems to us that meeting such a requirement is not unreasonable. Thank you for this opportunity to offer our input. Tatyanna Patten Vice-President, Rivanna Conservation Society 2 CRYOTECH E368 MATERI AL SAFETY DATA SHEET +eRva.,..eH 1. PRODUCT NAME & o ESCRI PTl ON QYOlech E368 Liquid Runway Oeic:.er o,mplies wllh Specification AMS 1435 MANUFACTURED AND SUF'Pl1 ED I N THE USA BY Cyoled! Deicing Technology 6103 Orthoway Fort Madison, IA 52627 Uniled Sales Cryotech Conlacll nlormation Telephone: (800)346-7237 FAX: (319)372-2662 email: deiClll'S/liIr.rynIed1 com web&ile: tIItD:lfwww.cryotech.com 2. CHEMI CAL COMPOSI Tl ON The percent oompositions are given to allow lor the various ranges ollhe components presenl in the wtlole product and may not equal 1 oo'Yo. Percent 100% Containing 50% <1.0% 50% Componenl CAS# Oyo!ec:h E364l1 F\:ltassium Acetate 127-08-2 Corrosion Inhibitors In Water 7732-18-5 CAS - Otemical Abstract Service Number 3. HAZARD IDENTIFICATION (also see Sections 11 and 12) CAUTION! - MAY CAUSE EYE IRRITATION EYE CONTACT: This subslance is slightly irritating 10 Ihe eyes and OOlJld cause prolonged (days) Impairment 01 your vision. The degree of the Injury will depend on Ihe amount 01 malerial that gels into the eye and Ihe speed and thoroughness of the first aid treatment. Sgns and symploms may include pain, tears, swelling, redness and blurred vision. SKIN I AAI TATI ON: This subslance is not expecied to cause prolonged or significant skin irritation. DERMAL TOXI CI TV: The systematic toxicity 01 this substance has not been determined. Howevar, it should be practically non-toxic to internal organs if it gets on the skin. RESPI RATORY/I NHALATI ON: This material does not present an inhalation hazard. INGESTION: If swallowed. this substance is considered practically non-toxic to internal organs. Inge&tion may cause irritation 01 the digestive tract which may result in nausea, vomiting and diarrhea. This product contains potassium sallS. Ingestion 01 large amounls (25 or more grams) 01 potassium salts usually causes a person 10 vomit. II the person is not suflering lrom a preexisting kidney condition. the absorbed potassium is rapidly excreted in the urine. However, very young dlildren or individuals with compromised kidney aneIIor cardiac function could experience the following elfects after ingesting excessively large doses of potassium salts: Irritation and inflammation of the stomach lining, muscular weakness, burning, tingling and numbll8SS sensations of hands and feet, slower heart beat, reduced blood pressure, Irregular heart beat and cardiac arrest. OCCUPATIONAL EXPOSURE LI MITS: None ldentilied 4. FI RST AI D MEASURES O1emical Emergency: /:pill, leak, lire, or lIIlCident call O1emtrec day or night (800)424-9300; OJtside continental USA call (703)527.3887 EYE CONTACT: Rush eyes immediately with fresh water for at least 15 minules while holding the ayelids open. Remove contacllenses II worn. No additional first aid should be necessary. However, il irritation persists, Il8lI a doctor. SKIN CONTACT: No firS! aid procedures are required. As a precaution. wash skin thoroughly with soap and Waler. Remove and wash contaminated clothing. INHALATION: Since this material is not expected to be an immediate inhalalion problem. no lirst aid procedures are required. I NGESTl ON: If SWallowed, give water or m~k to drink and telephone lor medical advice. DO NOT make lhe person vomil unless directed to do SO by medical perlIDI1ne1. If medical advice cannot be obtained. then take the person and prodUd container to Ihe neares! medical emergency Ireatment O8I'ller or hospital. 5, Fl RE Fl GHTI NG MEASURES FLASH POI NT: NA AUTO IGNITION: NA FLAMMABI LI TY LI MI TS ('Yo by volume In air): Lower: NA Upper: NA Non.flammable EXTI NGUI SHI NG MEDI A: NA - Material is not flammable FI RE FI GHTl NG PROCEDURES: This materIal normally will not burn. COM BUSTI ON PRODUCTS: Normal oombUSlion lorms carbon dioxide and water vapor. NFPA RATI NGS; Health 1; Aammability 0; Reactivity 0; Special NDA: (least - 0, Sight. 1. Moderate - 2, High - 3. Extreme. 4) These values are obtained using the guidelines or published evaluations prepared by the National Fire fItotection Association (NFPAj or the National Paint O>aIlng A&socIation. 6. AGel DENTAL RELEASE MEASURES O1emical Emergency: ~ill, leak, lire. or accident c:aJI Qrtside continental USA call (703)527-3887 O1emtrec day or night (800)424-9300: Contain spillage and absorb on suilable malerlal e.g. sawdust. sand or earth. Transfer to a container for dlspOlilll. See section 13. Wash lhe spillage area with plenty of wafer. 7. HANDLI NG AND STORAGE Avoid oontact wilh skin and eyes. Avoid breathing mists when spraying. Store in clean v8Sli8ls and containers. Do not store or handle product with 8ylilems constructed of wetted parts thaI have galvanized sleeI, zinc or brass components. ~ CRYOTECH E3Se MATER I AL SAFETY DATA SHEET 8. EXPOSURE CONTROLS! PERSONAL PROTECTION EYE PROTECTION: Do not get this material in your eyes. EYe contact can be avoided by wearing chemical goggles. SKI N PROTECT I ON: No specialllkin proteclion is usually necessary. Avoid prolonged or frequently repeated skin contact with this material. ~in contact can be minimized by wearing protedive clothing. RESPI RATORY PROTECT I ON: No special respiratory protection is normally required. VENTILATION: No special ventilation is neosssary. 9 PHYSI GAL AND CHEMI CAL PROPERTl ES SOLUSI Ll TY: Completely miscible in water. Appearance: Oear. colorless to light straw colored liquid. (May be dyed blue at QJstomar request) BOILING POI NT: ~115OC MEL TI NG POI NT: -40OC EVAPORATION: No Data Available SPEClFICGRAVITY: 1.28@20OC VAPOR PRESSURE (20'C): 17 mm Hg PERCENT VOLAT' LE (VOLUME % I: No Dala Available VAPOR DENSITY (AI R = 1): No Data Available VISCOSITY: 6.5cP@20OC pH: 10.5 - 11.5 1 Q. STABI LI TY & REACTI VI TV HAZARDOUS DECOMPOSI TI ON PRODUCTS: None known. STABILITY: Sable. HAZARDOUS POl YMEAI ZA TI ON; A>lymerilallon will not occur. INCQMPATlBILI TY: May react with strong acids or strong oxidizing agents. such as chlorates, nitratll&. peroxides. etc. Avoid prolonged contact with reactive metals such as magnesium and zinc. especially in cIosIld systems where hydrogen gas may accumulate over time. SPECI AL PRECAUTIONS: RE:AO IWO 0BSalIIE ALL PfECAUTICWS O\j PRJOUCT LABEl... Store awtllf from strong oxidizing materlal5. 11. TOXI COLOGI CAL I NFORMATI ON EYE IRRITATION: No product toxicology dala available. The hazard evaluation was based on dala from similar products. SKIN IRRITATION: No product toxicology data available. The hazard evaluation was based on dala Irom similar producls. DERMAl TOXI CI TY: No product toxicology data available. The hazard evaluation was based on dala from similar produclS. RESPI RATORY/ I NHALATI ON: No product toxicology data available. The hazard evaluation was based on data from similar products. I NGESTI ON: The orallDSO in rats is greater than 5.0 g/kg. 12 ECOLOGICAL INFORMATION <XJO(TOO); 0.309O2''9 ~@2'C 0.30 g O.ig BaJ2o@20"C 0.30902''9 BaJs@20'C: 0.14002"0 13. 01 SPOSAL CONSI DERATION Based 00 Information available to Oyotech Deicing Technology, this produa is neither listed 1I5 a hazardous waste nor does it exhibit any of the charact- eristics that would cause it 10 be classified or dil!ipOlIIId of as an Fr:AA hazardous waste. "product !ltlould spill or be otherwise unsuitable tor normal deicing applications. it may be absorbed on llUitable materials and disposed of in sanitary landfill unless Slate or local regulations prohibit such disposal. 14. TRANSPORT I NFORMATI ON Not restricted under any tr~ort regulations. 15 . REGULATORY t NFORMA TI ON DOT SHI ppt NG NAME: Not designated as a hazardous material by the Federal DOT. DOT HAZARD CLASS: Not Applicable DOT IDENTIFICATION NUMBER: Not Applicable SARA 311 CATEGORI ES: ,. 'mmediate (Acute) HeaI1h Bleets: 2. Delayed (01ronic) Health Effects: 3. Are Hazard: 4. &Jdden RilIease of Pressure Hazard: 5. Reactivity Hazard: REGULA TORY LI STS SEARCHED: Ot = SARA 313 03 - NTPCarclnogen 05= MI406 07.. IAACQ-oup 2A 09.. SARA 3021304 "-NJRTK 13. ~RTK 15.. ACGIH STEL 17 _ OSHAlWA 20 - EPA Carcinogen 22 = TSC'A Sect 5(a)(e)(f) 24 '" TSC'A Sect 12(b) 26 '" TSCA Sect 8Cd) 29 . OSHA 00 LI NG None 01 the componenls 01 this malarial are found on the regulatory lists indicated. Yes No No No No 02 .. MASS RT1< 04 .. C'A A'op. 65 06.. I~Group 1 08 = IAACQ-oup 2B 10.. PARTK 12 .. CSll.A 302.4 14 .. AOOIH TLV 16.. ACX3IH ClIIwlated TLV 18 . Cl&IA sra 21 .. TSC'A Sed 4( e} 23 " TSC'A Sed 6 25.. TSC'A Sect 8(a) 28 " Canadian WHMl S 16. OTHER I NFORMATI ON This Material Safety Data Sheet contains environmental, health and toxicology information for your employees. Rease make sure this information is given to them. It also contains information to help you meet community righHo.know/emergency response reporting requirements under SAAA Tille III and many other laws. If you r__ thi5 product, this II.mS must be given to the buyer or lhe information incorporated In your MSDS. Discard any previous edition of this MSOS. latest version of this MSOS can be found at hllp:/ / www.cryotech.com The above information is acaJrate to the best 01 our knowledge. However, since data. safety standards, and government regulations are SUbjeclto change and the COnditions of handling and use or misuse are beyond our control. Cryolech Deicing Technology, a Division 01 General Atomics I nternational Services Corporatlon makes no warranty, either express or Implied. with respect 10 the completeness or continuing accuracy of the information conlained herein and disclaim5 all liability for reliance thereon. Oyotech Deicing Technology, a Division of General Atomics International Services Corporation a&aIITles no responsibility lor any injury or loss resulting from the use of Ihe product described herein. USer !ltlould satisfy himself that he has all QJrrent data r&levant to his particular use. ,. +C.V""'.CH SAFE RUNWAYS ANo A CLEAN ENVIRONMENT "- SPEC: CRYOTECH E36@ LIQUID RUNWAY DEICER BENEFITS . Safe for runways: meets FAA-approved specifications . Safe for the environment: non-persistent, biodegradable, low BOD . Fast: runways are available sooner . Staying power: works longer, requiring fewer applications . Easy to apply: applied with existing equipment PERFORMANCE . Excellent anti-icing characteristics . Effective to temperatures below -200F (-290C) . Less slippery than glycol-based products APPLICATION . Deicing: 1 gallon/1000ft2 (50 g/m2) near 320F (OOC) on thin ice 3 gallons/1000ft2 (150 g/m2) below 100F (-120C) on 1 inch ice . Anti-icing: 0.5 gallons/1000ft2 (25g/m2) . Re-apply when new accumulation shows first tendency to bond . Plow often to reduce fluid dilution . Prewetting - apply at spreader outlet at a rate of 1.25 gallons per 100 Ibs (130g/kg) of solid deicer ENVIRONMENT . Lower BOD . Readily biodegrades . Does not contain urea . Recognized as "relatively harmless" by U.S. Fish and Wildlife scale HANDLING . Polyethylene containers are preferred, otherwise use carbon, low alloy, or stainless steel containers . Containers must be clean and free of rust, surface deposits, and residues . E36 should not be stored or plumbed through systems that use galvanized, zinc, or brass components . Best practices include storing totes and drums in areas protected from weather and exposure to direct sunlight ISO 9001 c.II'II.... o . eMS asa: C'r-po 0...",,..,,,,"... t:._... L_n n""'__II,.._ C""'r-,-a,..,,.......'_..I,.. 'M 39..2 I PRODUCT SPECIFICATIONS: Cryotech E36@ COMPOSITION 50% aqueous potassium acetate solution, by weight, plus corrosion inhibitors Clear, colorless*, mobile liquid, free from matter in suspension At 200C (680F) = 10.7lbs/gallon (1.28 g/cm3) APPEARANCE DENSITY VISCOSITY At 200C (680F) = 10cp maximum At OOC (320F) = 20cp maximum Nonflammable FLASH POINT FREEZING POINT -600C (-760F) MISCIBILITY WITH WATER Complete STORAGE E36 should not be stored or plumbed through systems that use galvanized, zinc, or brass components 11.0 :t 0.5 TYPICAL pH SPECIFIC GRAVITY At 200C = 1.25 - 1.30 PACKAGING 55 gallon drums (208 liters) - (4 minimum) 265 gallon tote (1003 liters) - (1 minimum) Bulk - (4400 gallons minimum) *MAY BE DYED BLUE AT CUSTOMER REQUEST u BOD (Biological Oxygen Demand) E36 LRD Requires Less Oxygen to Biodegrade U t~ m!iI 'IMflOD _.DM... _101Al.HD I~ Iou I.. IA' cu .... RIIID ,. Source: NW Aquatic LAbcntories, 1992 Alrpons" Groundwater Contamlnatkln Seminar, Windsor Loci,.. CT. 1989 Revised - 4/08 TO ORDER OR FOR PRODUCT INFORMATION CONTACT: Ph: +1 319.372.6012 or +1 800.346.7237 Fax: +1 319.372.2662 E-mail: deicers@cryotech.com cconorr,,(; l:Sener,ts . of Virginia's Airports Virginia airports generate a total of almost S 1 0.8 billion in economic activity, and are responsible for over 164,000 jobs and nearly $5 billion in wages. The Virginia Department of Aviation has undertaken a study of the economic I' impacts of all public-use airports in the Commonwealth. The goal of this study is to quantify and publicize the positive economic benefits public-use airports provide to both the Commonwealth and their local communities. The results of this effort are presented in this Executive Summary. Total Impacts , -"'!{t~~r~ril~.N{".~::- ~-:.~~'~--;~';,-'::~....:::: .':.;'~~-;_: - -:'~~}'_:_~;;":;:~..~ -<.- -', ~ "~,;-~--:~ ~ .. Each airport job generates more man 3.7 additional jobs throughout Virginia. ....... -- ---- - IIAlI COU~T Almost 60,000 people each day board commercial aircraft at Virginia airports. More than 164,000 people work each day at Virginia's airports, or at airport dependent businesses. . . t:~ . __~ _ - _ "., -~ ~..-. ~:.--- - -~- - . - ,-~..~~~-,;.----~:~~~;.-: - : . ~ . -'," -~. :;., P: -, '-_ "i_ -.~ :;:~:~;--_:~~:~~ . Every S 1 spent at Virginia public-use airports returns an additional $2.93 in economic activity throughout the Virginia economy. . Virginia GA public-use airports generated $300 of economic impact for every take-off and landing. Nearly 7,000 takeoffs and landings take place each day in the State. . Virginia Air Carrier airports generated $2.765 of economic impact for every take-off and landing. Airports Benefit All Virginians Through: General Aviation visitors spent an . Airline Service average of more than $128 per person per visit. . Search and Rescue . Air Medical Transport I . Public Safety . Agriculture I. I . Recreation and Tourism . Just-in-time Shipping . Weather Reporting More than 1100 visitors a day arrive in Virginia from General Aviation airports. . Corporate Travel I :vv.nOT IS Economic . Impact? The term "economic impact" is commonly used to describe the economic contribution of an industry or activity to regional and state economies. These overall economic effects are measured in jobs, wages, and economic activity (business sales). ~~':;"4~~- :'. ~. . _.. -~'.' '- _- . _ - ~: - - ':..:~'::l~ Types of Economic Impact Total economic impacts are derived from the sum of on-airport impacts. visitor spending, and spin-off impacts. In addition, airport dependent impacts are provided to show the importance of each airport to the business community. All impacts reported represent a base year of 2001 . On-Airport Impacts represent economic activities that would not occur if the airport did not exist. They include payroll and operating expenditures made by the airport, airlines, Fixed Base Operators, maintenance facilities, ground transportation, etc. Visitor Spending represent financial transactions that occur primarily off-airport and are associated with visitor activity. The principal measure of visitor spending impacts is expenditures made in the area by air travelers who are visiting from outside the region. These expenditures may include items such as lodging, food, entertainment. and retail purchases. Spin-Off Impacts (Multiplier Effect) are calculated using impact multipliers, which are used to reflect the recycling of dollars through the economy. A dollar spent in the economy does not disappear; rather, it continues to move through the local economy in successive rounds until it is incrementally exported from the community. Airport Dependent Impacts represent area businesses that are dependent on an airport for just-in-time shipping, a high degree of corporate travel. or specialized airport facilities and services. These businesses would relocate or suffer substantial loss if the airport were not available. "UIIIIIIUI Y OJ I:Conomlc . . Impact Each of the four impact types is measured in three ways - jobs, wages, and economic activity . Jobs represent the total number of individuals employed - not full time equivalent positions. Consequently, an airport with 10 jobs may have 2 full-time and 8 part-time employees. Wages are the full payroll expended for employees, including all taxes and benefits. Economic Activity represents business sales. For government or non-profit entities, economic activity represents their annual budget. For visitor spending, economic activity represents visitor expenditures. Total Economic Impact for Virginia Public-Use Airports Type of Impact II Wages Economic Activity On-Airport Direct 8.190 $275.372.000 $610.059.000 Visitor Spending 17103 5266.432.000 $695.768.000 Spin-Off 13,451 5379.577,000 $1.093.312.000 Airport Dependent Business 23,606 $773.179.000 52.268.056.000 lAD and DCA' 101.740 $3.149.451.000 $6.084.613.000 - - - - . - ~. -7. :', - Total ~ _-.. '~.~" . ..::>;.: ~,. , ~ c ..- ~. . _' . - $4,844,011,000 $10,751,808.000 Source: EDRG and HNTB Analysis . Economic impacts for Ronald Reagan Wasnlngton Notional and Dulles International airports were provided by Martin Associates from their 2002 Economic Impact Study. With the assistance of Martin Associates. Virginia specific economic impacts were estimated by multiplying total impacts by the percent of employees located in Virginia. Total impacts for Ronald Reagan Washington National Airport are 62.700 jobs. 51.97 billion in wages. and 53,29 billion in economic activity. Total Impacts for Dulles International Airport are 91.600 jobs. $2.95 billion in wages. and $6.07 billion In economic activity. I I I I. o I' V Irglnlo-s Airport System ~~~';'..<.?;~,.-.:_:-~. ,-:'.,: _ .--. -';':C:_-~~.":-~",,--,:. <.c.' "",.:'_'_~ _ ._ ':..d_.;:-,.~~:i::;:'~ Commercial Service Airports Commercial Service airports provide domestic and international scheduled air carrier and/or commuter service. Also, commercial seNice airports often provide an array of general aviation services and facilities for both the recreational and corporate traveler. Virginia's nine Commercial Service airports generate $8.2 billion, or 83% of the total economic impact of Virginia's airports. Reliever Airports Reliever Airports are general aviation airports in metro areas intended to reduce congestion at large commercial service airports by providing general aviation pilots with comparable landside and airside facilities. Virginia's eight Reliever airports generate a total of 2,511 jobs, and more than $182 million in economic activity. I I' I I I I I I' I I I LonQ9'Otne Pine Lee County .....;...~-""".. -~-- General Aviation Regional Airports Regional airports serve a large market area, and their service areas are often multi-jurisdictional due to geographic isolation or the relative scarcity of other airport seNices and facilities. They provide a full range of aviation facilities and services to business and recreational users. Virginia's 17 General Aviation Regional airports create 1,361 jobs, and $70 million economic activity. General Aviation Community Airports These airports provide general aviation facilities and services to business and recreational users. Community airports typically serve their respective communities or a smaller market area. Virginia's 16 General Aviation Community airports generate 336 jobs, and more than $18 million in economic activity. In Tazewell County Roan, Regie Virginia Tech ~ Grundy Municipal ~ ~1 NewRlVer Valley Virginia Highlands Mountain Empire Blue Ri. "l-r>' Twin County r~ ....-. I I I 4) ~ ~ ~," ~ ~~ ...- -~..~1 -;;tt ~ ~ .. . - - -.', -. ~ - ~ "...-' . '. - - ~ ~ - :'--"- .~ -:. . ~'-,"."""'-.' ,~. '.:::::-:~::~ . Map Legend Local Service Airports +- Commercial Service ~ Reliever Local service airports are generally low activity facilities and provide limited general aviation facilities to their respective communities. These airports typically have development constraints which preclude substantial expansion. The 16 public-use, Local Service airports create 286 jobs, and more than $16 million in economic impact. .,,-~ t - General Aviation - Regional General Aviation - Community Local Service Winchester Regional -l~ Leesburg Regiol,lal ~ " Ltiray Caverns Culpeper Regional r;;o ~"WaShington Dulles Warrenton ~ _ Washington Fauquier ,'. National .. ~ Manassas .' " - Regio,!al (' r ~ Hartwood J Front Royal Warren County New Market Bridgewater Shenandoah Valley..J.... Regional 'r Orange County Charlottesville Albemarle + stafford Regional " Shannon Gordohsville Municipai Waynesborol Eagles Nest Lake Anna Tappahannock Municipal , Tangier Island LouisaCoitnty Middle Peninsula l' , ~"/I ACCOLJ~,' , CO~,.I' '- :~ ~ ,~,.. . ->1 ';') ~ Newport News " , ';"'" " :Williamsburg "t'".J Norfolk Hampton .L International RQads "" J!.... .- .... Chesapeake Regional, Hu~mel FiEild~ .,; [:]=" Hanover !A COU!1ty Richmond Chesterfield +- County ~ "N"6WKent'" County . Williamsburg .:- Jamestown .... ~ ....,.. .. ;!! Lynchburg Regional New .+ London .A: Falwell Farmville Regional ... Crewe Municipal ....,. Chase City Municipal William Tuck Blackstone AAF .:. Lune'l'iburg County Din';vidtlie County Wakefield Municipal Itain Brookneai.campbell County Lawrenceville Brunswick Co. Franklin Municipal C -':W ~~;!f"'''' Municipal ~... Mecklenbllrg- Empotia l'lrunswic:k- _Municipal ....~ Danville Regional ..r r---::.... - -- ~ Suffolk -- ---Mlil'liclpill- ~~ .,.. I . ,: V.II\:IIIIIU ~ Commercial Service Airports Virginia's Commercial Service airports form the backbone of the Commonweath's aviation system. These airports produce total impacts of more than $8 billion in economic activity. Nearly 136,000 people are employed by Commercial Service airports or airport tenants in the Commonwealth, with a total payroll of almost $4 billion. Airport Name Total Economic Impacts: Commercial Service Airports - Economic Activity Charlottesville-Albemarle Lynchburg Regional Newport News-Williamsburg International Norfolk InternationalNorfolk International Richmond International Roanoke Regional Ronald Regan Washington Notional Shenandoah Volley Regional Washington Dulles International Total I 2.605 1,262 2.459 11.457 11, 843 4.148 35.779 476 65.961 - I , Wages $62.7 4l.(lOO 1 $25,392,000 $55.491.000 $266.345.000 $295.395.000 $94.981,000 $ 1,026,891,000 $10.120,000 $2.122,560.000 $3,959,916,000 $167.258.000 $68.500.000 $148.124.000 $702.898.000 $744.785.000 $252.728.000 $1.715.653.000 $27.069.000 $4.368,960.000 $8,195,975,000 Commercial Service Airports: Number of Visitors and Passenger Visitor Spending III- . - : - Airport Name Charlottesville-Albemarle Lynchburg Regional Newport News-Williamsburg International Norfolk International NorfOlk International Richmond International Roanoke Regional Shenandoah Volley Regional . I. Total - - 63.400 26.754 94.284 711, 174 531.730 133.904 7.200 - Average Visitor Spending Per Trip $975 $740 $238 $315 $364 $596 $740 Total Air Carrier Passenger Visitor Spending $61.793,000 $ 19.792,000 $22,459.000 $223.784.000 $193.750.000 $79.836.000 $5.326.000 $606.740,000 I. V:lrglnlo-s General Aviation Airports . ~ - -.- ~ - . " ... ~ ~ - - . ,.- - -. .. - " -.- . - . - ~ -~ - - Virginia's General Aviation airports provide an extensive network of aviation facilities that serve both business and recreational users across the Commonwealth. These airports produce total impacts of more than $287 million in economic activity. Nearly 5,000 people are employed by General Aviation airports or airport tenants in Virginia, with a total payroll of almost $ 111 million. '" "", ..- ..... Total Economic Impacts: General Aviation Airports ... . Airport Name Accomack County Blackstone Municipal Blue Ridge Bridgewater Air Park Brookneal-Campbell County Chase City Municipal Chesapeake Regional Chesterfield County Crewe Municipal Culpeper Regional Danville Regional Dinwiddie County Emporia-Greensville Regional Falwell Farmville Regional Franklin Municipal Front Royal-Warren County Gordonsville Municipal Grundy Municipal Hampton Roads Executive Hanover County Municipal Hartwood Field Hummel Field Ingalls Field Lake Anna Lawrenceville-Brunswick Lee County (Pennington Gap) Leesburg Executive Lonesome Pine Louisa County Lunenburg County Luray Caverns Manassas Regional Marks Municipal Mecklenburg-Brunswick Regional Middle Peninsula Regional Mountain Empire New Kent County New London New Market New River Valley Orange County Shannon Smith Mountain Lake Suffolk Municipal langier Island Tappahannock Municipal Tazewell County Twin County Virginia Highlands Virginia Tech/Montgomery Executive Wakefield Municipal Warrenton-Fauquier Waynesboro/Eagle's Nest William Iv1. Tuck Williamsburg-Jomestown Winchester Regional : . TOTAL Stafford Regional' Lee County (.Jonesville)" 41 s668.cx:XJ 51.657.000 14 5113.000 5314.000 91 51.372.000 53.805.000 123 53.464.000 58.910.000 1 521.(0) 557.000 1 522.(0) 562.000 120 52.746.(0) 57.304.000 266 56.752.000 516.847.000 3 544.(0) 5121.000 140 52.488.000 56.786.000 7<1 $1.650.(0) $4.323.000 114 51.795.(0) $4.821.(0) 18 5206.(0) 5567.000 21 5207.(0) 5553.000 51 5617.(0) 51.690.(0) 23 5379.000 5992,(0) 77 52.035,(0) 55.328.(0) 8 5202.(0) 5529.(0) 5 5111.(0) 5295.000 256 55.964.000 515.857.000 138 53,799.000 59.969.000 38 5706.000 51854.000 13 5181.000 $486,000 16 5344.000 5922.000 o 54.000 $12000 3 555.000 $152.000 1 523,(0) 564.000 617 $16.966,000 $40.582000 89 $1.952.000 5.788.(0) 64 $1.646,000 $4.344.(0) o S4.a:o $12000 17 $160.000 $432000 921 532.137.000 584.214.000 10 $147.COO $413.000 33 $326.(0) 5914.000 34 $583.000 51.610.000 27 $674.000 $1.912.000 33 $720.000 $1.887.000 15 5271.000 5738.000 18 $367.000 5987.000 .31 5662000 $1.811.000 91 $390.000 $1.059.000 18 52.240.(0) 55.960.000 Q $157.000 $430.000 144 $2.816.000 57.333.000 5 $45,(0) S125.0c.0 I::! 5225.000 5610.000 21 5351.000 $947.000 12 $226.000 $613.000 113 53.024.000 $7.033.000 39 $913.000 $2.430.000 15 $294.000 $802.000 "93 $2.855,00 $7.572.000 16 $179.000 $479.000 25 $583.000 $1.555.000 82 $1.406.000 $3.826.000 i 1& $2.689.000 $7.082000 1ID~'1ll'A:H.XIIIlIJ~;"..{;t''''I.'lllIJ 22 $566.000 $1.492.000 5 $68.000 $192.000 . Stafford Regional Airport opened 12/2001 The Lee County Airport (Jonesville) openecj In 2002 An estimate of their 2002 impacts is provided for informational purposes. be.t is not included in state 10101s. .... ".' t\11 fJU11 lJ~fJ~IIUt:llll Business Impacts Airport Dependent Impacts represent businesses in the community that rely on airports. These impacts are not typically included in economic impact methodology and are provided as an indicator of the importance of airports to area businesses. Examples of airport dependent businesses might include a nursery that depends on shipments of live plants, or a manufacturing plant that receives daily just-in-time shipments of component parts. The following tables depict the airport dependent business impacts of the airports for which sUNey responses were received from community businesses. Airport Dependent Business Impacts - Commercial Service Airports Airport Name Charlottesville-Albemarle Lynchburg Regional Newport News-Williamsburg International Norfolk International Richmond International Roanoke Regional Shenandoah Valley Regional _ Total .' . - 1.640 4.015 1.437 3.523 4.697 1.998 778 _... . .. Wages $52.977.000 $109.574.000 $49.945.000 $ 107.991.000 $ 171.549,000 $67.984.000 $20.733.000 $580,753,000 Economic Activity $ 158.006.000 $311.960.000 $ 133.799.000 $314,665.000 $498,382.000 $217.299.000 $67.041.000 $1,701,152,000 Airport Dependent Business Impacts - General Aviation Airports " Airport Name , - Blue Ridge Bridgewater Air Park Chesterfield County Culpeper Regional Dinwiddie County Farmville Regional Hampton Roads Executive Hanover County Municipal Ingalls Field Leesburg Executive Manassas Regional Mecklenburg-Brunswick Regional Mountain Empire Suffolk Municipal Virginia Highlands Virginia TeCh/Montgomery Executive Wakefield Municipal Total - 98 229 796 644 87 592 10 10 4 1. 203 409 538 14 646 178 52 8 - . Wages $2.475.000 $6,230.000 $24,665.000 $18.272.000 $4.107.000 $13.997.000 $285.000 $346.000 $50.000 567.624.000 $16.870.000 $13.544.000 $416.000 $17.344.000 $4.109.000 $1.892.000 $200.000 $192,426,000 Economic Activity $7.015.000 $18.782.000 $65.940.000 $59,595.000 $14.437.000 $53.061.000 $852.000 $965.000 $131.000 $176.719.000 $46.893.000 $49,669.000 $1,351,000 $51,661.000 $11.060.000 $8.105.000 $668,000 $566,904,000 Easy Access to the World from Air Carrier and General Aviation.Airports :.r'\VIUIIVII D'=#II'=#III~ 'It I" . All Virginians . 1 . t r '/'. ! i r .., i i r- .'<;~ Il:l ;;.i I:.' Just-in- Time Shippin and Transport of Goods I . I I ~ ~~~z: .. :::~~~;:~~~:~~~:i:;.~~:~:~;~~~~_~~:~~ :_:~~~~s~ .' .,. ,~>. - ~~~;Q;~~i1'l'Lt"i~~:5~i;~ -- .~ I *' - / '" Corporate Travel I I. Evergreen ConservationFinance ............................................................................................................................................................................................................................................. Financing Options for Farmland Preservation Presentation to Albemarle County, Virginia Daniel Patrick O'Connell September 3, 2008 What's Wrong with Cash? '? ~ . . · Annual appropriation not sufficient for program · Sellers may not want cash · Debt for preservation good for credit ratings E\n:.~eenConservationFinance 1 Vehicles for Pm. VI:RG!INtA · Financing i'F 2 .............................................................................................................................. j ,!: AA'~ '{.E~tC...~ _ · Voter-approved GO bonds · VRA: Lease obligation funds moral-obligation bonds or IP As · DEQ Land Conservation Loans from State Revolving Fund EvelgaeenConservationF'inance 4 Voter-Approved Bonds in Virginia County Vote Bonds Preservation Yes Henrico 3/8/2005 $22.40 46.4 0/0 57.90/0 James City 11/8/2005 20.00 100.00/0 78.00/0 Arlington 11/7/2006 35.95 23.40/0 74.10/0 Fairfax 11/7/2006 25.00 40.00/0 77.50/0 Prince Wm. 11/7/2006 27.00 13.90/0 75.90/0 Stafford 11/7/2006 76.80 9.50/0 40.00/0 EvergI eenConservationFinance 5 3 DEQ Land Conservation Loan !!IJW Er\'VIRO:-<ME:'\TAL QUALITY ....................................................................................................................................................n...................h.......... __...u...n....._..... · Clean Water SRF: EPA grants + state matching funds · Land Conservation Loans: Acquire land/easements that prevent pollution and assure availability for agriculture · Applications due early summer E\lergreenConseTValionFinnnce 8 Acquisitions Using DEQ Loans Revenues DEQ Debt Total Acres Growing@ Loans @ Service State for @ Year 3% 2.00% on Loans Grants Acauisitions $4,000 1 $1,600,000 $2,000,000 ($20,000) $200,000 $3,780,000 945 2 1,648,000 3,000,000 (152,313) 200,000 4,695,687 1,174 3 1,697,440 4,700,000 (352,784) 200,000 6,244,656 1,561 4 1,748,363 7,600,000 (669,220) 200,000 8,879,143 2,220 5 1,800,814 13,000,000 (1,188,011) 200,000 13,812,803 3,453 6 1,854,839 (1,853,049) $10,349,456 $30,300,000 $1 ,000,000 $37,412,289 9,353 EvergreenConseTValionFinance 9 5 Installment Purchase Agreement · IP A (contract) between buyer and seller to buy easement · Buyer pays purchase price at end of up to 30-year term · Tax-exempt interest over term E\.etgaeenConservationFinance 12 Setting IPA Term, - Amortization Incentive to push balloon out: · Assured stream of revenue · Reduced chances of paying tax · Deduction reduces income tax Longer term maximizes benefits E\lergleenConservationFirumce 13 7 . I . Benefits to Seller ~ from IPA ~): ......................................................................................................................................................b~ · Capital gains tax deferral · Tax-exempt interest on full sale · Charitable deduction of discount from 1000;0 of farmer income · Sell IP A to investors for cash EvergreenConservalionFinance 16 Impact of Higher Tax Rates ............................................................................................................................................................................................................................................. Cash IPA Sale Price $650,000 $650,000 Capital Gains Tax @ 15% (97.500) !! Balance to Invest $552,500 $650,000 Interest @ 4% $22, I 00 $26,000 Income Tax @ 35% (7.735) !! After-Tax Income $14,365 $26,000 After to Years $143,650 $260,000 Balance to Invest 552,500 260,000 Capital Gains Tax @ 28% !! (l82.000) Net to Seller $696,150 $728,000 EvergreenComervationFinance 17 9 . . Evergreen ConservationFinance Daniel Patrick O'Connell 5819 Chevy Chase Parkway Washington, DC 20015 (609)915-9886 pat~evergreenctcom Honora Morrissey Freeman 310 Paddington Road Baltimore, Maryland 21212 (410)456-5598 honora~evergreenctcom 20 11 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Funding Options for the ACE Program AGENDA DATE: September 3, 2008 SUBJECT/PROPOSALlREQU EST: Presentation by Rex Linville of Piedmont Environmental Council and Pat O'Connell of Evergreen Capital Advisors on Additional Funding Options for the ACE Program ACTION: INFORMATION: X CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Kamptner, Cilimberg, Benish, and Goodall ATTACHMENTS: Yes r REVIEWED BY: LEGAL REVIEW: Yes BACKGROUND: The promotion and establishment of conservation easements is one of the primary tools used to protect important County resources and to implement the County's growth management policy. The Board has identified the goal of protecting 30,000 additional acres in conservation easements by 2010 as one of the County's four most important strategic goals. The Acquisition of Conservation Easements Program ("ACE Program" or "Program") is an important component of meeting this goal. The purpose of this presentation is to provide information to the Board about alternative funding options that have been used successfully in other states and Virginia localities, including the Cities of Chesapeake and Virginia Beach and Isle of Wight County. As programs for the purchase of development rights have flourished throughout the country, so have the funding options for, and experience in, implementing them. Rex Linville (Piedmont Environmental Council) and Pat O'Connell (Evergreen Capital Advisors) are here today to present information pertaining to these alternative funding options. STRATEGIC PLAN: Goal 2. Protect the County's Natural Resources. Goal 4. Effectively Manage the County's Growth and Development. DISCUSSION: As the County strives each year to meet the demand to fund properties eligible for acquisition through its ACE Program, the need to consider alternative funding options has become more evident. Though funds from the County's General Fund and transient lodging taxes were adequate to acquire easements on all of the qualifying lands during the first four years of the Program, they have been insufficient during the last four years as land prices and easement values in the County have escalated and the popularity of the Program has increased. As a result, the number of qualified applications for which the County is able to pursue the purchase of an easement, and the acreage that the County is able to actually place under easement each year has steadily declined. If the Program continues to have more applications than its funding can support, the effectiveness and favorability of the Program as an important land protection tool could be marginalized. Funding for the ACE Program has come from a combination of the County's General Fund and the transient lodging tax since its inception. For the first six years of the Program (FY 2000-2006), the funding level was $1,000,000 per year. In the last two years, it has been the "equivalent" of $0.01/$100 value of assessed real estate, with funding totaling $1,387,543 for FY 2006-07 and $1,627,000 for FY 2007-08. ACE funding also has been augmented with over $1.3 million in grants and private donations; however, most grant sources have been negatively affected by the downturn in the economy. Since the Program's implementation, easement values have risen by 200-300%, with the majority of the increase occurring since 2004. Despite the FY 07 and 08 increases in funding, the increase in appraised easement values has far surpassed the funding increases. As a result, the County has only been able to acquire easements from less than half (15 out of 32) of the eligible applicants over the last four years (including FY 2007-08). In addition, the number of acres placed under conservation easements has steadily dropped from 1,110 acres to less than 550 acres in each of the last three years. The Round 7 ACE applications (FY 2006-07) provide a dramatic case in point: though the AGENDA TITLE: Funding Options for the ACE Program September 3, 2008 Page 2 County had nine eligible applicants in this round (two of whom were among the highest scoring applicants to-date), the County was able to fund only two properties, despite receiving over $950,000 in grant money to supplement Program funds. Five graphs are attached to show the trends in acquisition costs and protection efforts of the ACE program since its inception in 2000. Given long term property value trends, development trends, and the County's strategic objectives to protect its resources through conservation easements, it may be prudent to consider additional methods of funding the Program at this time. These other funding methods could include: 1) revenue from the sale of bonds (voter approval required); 2) borrowing from the Virginia Resources Authority (lending for land conservation was authorized in 2007 by the General Assembly); and 3) installment purchase agreements. The authority for and limitations on these funding methods have not yet been subject to full legal review at this time. BUDGET IMPACT: None RECOMMENDATIONS: This presentation is for the Board's information and consideration. Staff would welcome any feedback and/or direction from the Board regarding specific funding options it wishes for staff to further research. ATTACHMENTS Graphs: Table A - Number of Enrolled, Eligible and Funded Properties Table B - Amount of Funding Available vs. Cost to Acquire All Easements Table C - Acquisition Costs Per Acre Table D - Acquisition Costs Per Development Right Eliminated Table E - Annual Acreage Protected 12 10 - 8 ~ - t/) - s::: ns 6 .~ Q.. c. <( 4 2 0 u;- s::: .2 4 E 3 s::: - U) 2 o U Table A:. ACE Properties Enrolled, Eligible & Funded 2000 to 2008 ~~ / ~ ~ - ~ ) .A ./ .............. ~ ~ ~ / I I"" / I-- \1/ I I ~Enrolled --- Eligible ---.- Funded 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 ACE Applicants (by Fiscal Year) Table B: ACE Properties Funding Available vs. Cost to Acquire All Easements 2000 to 2008 6 } .'. 1/ , '~. / r~ / ~h- / \ V .---I --- ~ L-- 5 o 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 ACE Applicants (by Fiscal Year) ~Cost(all easements) ___Funding Available Table C: ACE Acquisition Costs Per Acre 2000 to 2008 5,000 4,500 4,000 - 3,500 e :i 3,000 - ~ 2,500 en 2,000 o () 1,500 1,000 500 o / --- .. - ~ / 1...... / / ~ / r-- -- V 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 ACE Applicants (by Fiscal Year) Table D: ACE Acquisition Costs Per Development Right Eliminated 2000-2008 70,000 60,000 - '0 Q) .... 50,000 lU l: 'E 40,000 iii ~ C 30,000 - ~ - .... 20,000 l/) 0 () 10,000 0 I -'. -" V / r------. "-.. / ~/ ~ /' ..-- --- 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 ACE Applicants (by Fiscal Year) 1,750 1,500 1,250 "C S (,) S 1,000 0 .. a.. II) 750 Q) .. (,) <( 500 250 0 Table E: ACE - Annual Acreage Protected ~~ ~ ~ ) \ ~ ~ / \ / ~~ \ ...-A .', ~~ , ~. 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 ACE Applicants (by Fiscal Year) Community Development Fees Subdivision Ordinance September 3, 2008 Subdivision Fee Considerations . Fees should be comparable to other localities . Fees should attempt to recover a significant part of the cost of services . Policy should be established for regular updating of fees Subdivision Fees Staff Proposal . Fees are proposed to recover one-half of the cost of service (this balances cost recovery and comparable fees to other localities) . Fee amounts should be adjusted biennially using the annual merit increase as a basis for the adjustment (same as Building Regulations and Water Protection) . Consideration of future ordinance changes should include proposed cost of service Background Community Development Fee Study completed in 2007 December 2007 - Board worksession on Fee Study _ Compare fee recommendations to neighboring localities in addition to the study's comparable localities April 2008 - Board worksession to review proposed fees for Building Regulations and Water Protection Ordinances August 2008 - Board adopts new fees for Building Regulations and Water Protection Ordinances Future Fee Adjustments . Staff currently has no direction on future fee adjustments . County costs are primarily associated with staff costs . Fee adjustments based on merit pool would closely match increase in County costs and be consistent with the policy recently adopted for the Building Regulations and Water Protection Ordinances Recommendations Board affirm the staff proposal, noting any specific changes desired . Board adopt the Resolution of Intent included as Attachment D in the Executive Summary 1 Water Protection Ordinance Public Runways and Accessory Structures September 3, 2008 Why should a public runway be allowed within the stream buffer? Planned Improvement - Runway extension is part of airport's master plan and county's comprehensive plan. Additionally, the Board has voiced support for the project. Environmentally Evaluated - Project has already completed an extensive federal environmental assessment process and was found acceptable Ordinance Consistency - WPO already recognizes similar public and quasi-public projects as important to the community Recommendation . Adopt WPT A 2008-0003 as presented in Appendix A of the Executive Summary Background May 2008 - Charlottesville-Albemarle Airport (CHO) submits a site plan for runway extension. - Staff notes that runway extension in within a stream buffer covered by the Water Protection Ordinance (WPO) and a runway is not defined under the ordinance. June 2008 - Acting as Program Authority under WPO, Director of Community Development advises staff to treat the runway the same as a driveway under the WPO. Simultaneously, staff begins pursuing an ordinance amendment to address a public runway. August 2008 - Board adopts Resolution of Support for CHO's runway extension August 2008 - Board adopts Resolution of Intent to amend WPO with respect to public runways Why should a public runway be exempt under this ordinance amendment? Ordinance Consistency - Similar types of linear projects are already exempted under the WPO (e.g. Road. Railroads. Utilities) Unique Project - Runway extension is a "once in a metime" project that does not result in the cumulative impacts seen with other projects ~t~~::'~~e':t ~r~~~~~ir~~~~:;' tt1"~(egaOd~e~~~~ cg~~~ ~u~~~nts Recognizes Stewardship - CHO has a history of environmental stewardship with past projects that extends far beyond perm~ requirements, leading staff to anticipate airport will provtde similar environmental sens~ivity with this project 1 III' RESOLUTION OF INTENT WHEREAS, Section 14-203, Fees, of the Subdivision Ordinance (Chapter 14 of the Albemarle County Code) establishes a schedule of fees for various subdivision and related applications and approvals under the Subdivision Ordinance; and WHEREAS, the fees imposed are inadequate to cover the reasonable cost of the services provided by the County in the implementation and administration of the Subdivision Ordinance; and WHEREAS, the County has conducted an extensive fee study to determine the cost of services provided by the County under the Subdivision Ordinance; and WHEREAS, it is desired to amend Section 14-203 in order to establish a schedule of fees that is adequate to cover the reasonable cost of the services provided. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good land development practices, the Albemarle County Board of Supervisors hereby adopts a resolution of intent to amend Section 14-203 of the Subdivision Ordinance to achieve the purposes described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public hearing on the zoning text amendment proposed pursuant to this resolution of intent, and make its recommendations to the Board of Supervisors at the earliest possible date. * * * * * I, Ella W. Jordan, do hereby certify that the foregoing writing is a true and correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by a vote of six to zero, as recorded below, at a meeting held on September 3,2008. JZt~ ,~ Clerk, Board of County Supervisors Mr. Boyd Mr. Dorrier Ms. Mallek Mr. Rooker Mr. Slutzky Ms. Thomas Aye Nay y y y y y y COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Community Development Fees - Subdivision Ordinance AGENDA DATE: September 3, 2008 ACTION: X INFORMATION: SUBJECT/PROPOSAL/REQUEST: Consider revising fees in the Subdivision Ordinance CONSENT AGENDA: ACTION: INFORMATION: REVIEWED BY: STAFF CONTACT(S): Messrs. Tucker, Foley, Kamptner, Graham, and Fritz ATTACHMENTS: Yes LEGAL REVIEW: Yes BACKGROUND: The purpose of this worksession is to receive Board direction on staff recommended changes to Subdivision Ordinance ("Ordinance") fees. At the December 5, 2007 Board meeting, staff presented a Community Development Fee Study and a recommendation for a fee policy. (Attachment A) Given the limited amount of time for discussion and the complexity of the topic, it was not possible for the Board to give specific direction on revised fees. To provide adequate consideration of the fees, staff divided this task into several ordinances. The fees imposed under the Building Regulations and Water Protection Ordinances were reviewed at an April 9, 2008 worksession and ordinance amendments were adopted by the Board on August 6, 2008. Today's work session is to establish direction for the Subdivision Ordinance fees. Following completion of the Subdivision Ordinance, staff plans to bring forward the Zoning Ordinance fees. STRATEGIC PLAN: Goal 5: Fund the County's Future Needs. DISCUSSION: The fee study presented to the Board in December 2007 identified County costs for fee related services, estimated revenue from current fees, proposed new fees, and compared the recommended fees to those in eight comparable localities. The fee study extract in Attachment A included an explanation of how the service costs were calculated and the algorithm used by the consultant in developing a recommendation for updated fees. After reviewing past Board discussions regarding fees and the consultant's fee recommendation, staff recognized it would be appropriate to consider simplifying the fee calculation process. To simplify, staff considered establishing fees at one-half of the County's cost and retaining the fee at its current level where the fee is already greater than one-half of the cost. Fees were then rounded to the nearest $10. The concept behind splitting the cost of service was to recognize that part of the service is related to the property owner's interest and part is related to notices and other non- mandated County policies and procedures that allow for public involvement. Staff then prepared Attachment B to provide a side by side comparison of the cost of service, the current fee, the consultant's recommended fee, and a staff recommended fee calculated at one-half of the County cost. Staff also included a revenue summary for each fee concept in Attachment B. From this analysis, it appears the consultant's recommendation and staff's recommendation will generate very similar revenues in an average year. Next, staff provided a comparison of fees for three common subdivision types in Attachment C. Recognizing that each locality has a unique fee structure, staff found it nearly impossible to provide a meaningful comparison of all fees. This simple table provides meaningful examples of how the fees compared with three common subdivisions. This table demonstrates that the fees are similar in most situations, but that there are a few significant differences. Among the most significant changes would be the fee for a family subdivision (Fee Study ID 90, Attachment B). Staff noted that localities appear to have differing goals in establishing fees for family subdivisions and recognized the Board may wish to treat these differently than other subdivision applications. AGENDA TITLE: Community Development Fees - Subdivision Ordinance September 3, 2008 Page 2 Finally, staff notes that some other localities are also attempting to develop a more consistent fee structure and recover a higher percentage of their costs. Chesterfield County is currently attempting to establish a fee structure that sets fees at 75% of its costs and Arlington County is attempting to set many of its fees at 100% cost recovery. Staff noted that either a 75% or 100% cost recovery would set many of Albemarle County's subdivision fees higher than any of the comparison localities. There are good reasons for this higher cost: . First, most other localities make their processes administrative, meaning the Planning Commission is not involved in the process. For example, by comparing the cost of service for a 20 lot preliminary plat that goes to the Planning Commission to one handled administratively (Fee Study ID 82 versus 87), the cost is roughly double for the plat that is reviewed by the Planning Commission. Staff found a similar result in Attachment C with the Stafford County fees. Additionally, not only are subdivisions often handled administratively in other localities, most of the waivers or modifications are handled administratively. As the Board is aware, administrative waivers were a Development Task Force recommendation and are now being considered by the Planning Commission. . Second, in keeping with administrative processes, most localities do not send notices to neighbors of proposed subdivisions. Costs associated with notices include the cost of preparing and mailing the notices, as well as staff time to address questions resulting from the mailings. While these notices keep the neighborhood informed, they can generate a considerable demand for staff time in responses. . Third, it should be recognized that Albemarle County's Ordinance is more complex than most. For example, Albemarle's Ordinance is roughly twice the size of the Greene County Ordinance and the requirements are often more complex. The complexity of the ordinance in relation to staff time required appears to follow the rule of the square. In other words, if there are twice as many requirements, it requires four times as much time to review, due to the increased likelihood of errors or mistakes. In spite of adequate justification for a higher percentage of cost recovery, staff continues to propose a 50% recovery to be more in line with the comparisons localities utilized in the study. BUDGET IMPACT: The County currently collects approximately $145,000 from subdivision fees in an average year. Under the consultant's recommendation, fees collected would increase to approximately $486,000. Under staff's recommendation, they would increase to approximately $476,000, increasing County revenues by approximately $331,000 in an average year. Due to recent development trends, staff anticipates applications will be two-thirds of an average year for the remainder of this year and most of next year. Assuming the recommended fees were implemented by January 2009, staff anticipates a revenue increase of $100,000 for the remainder of FY 08-09 and of $200,000 in FY 09-10. RECOMMENDATIONS: Staff offers the following recommendations: 1. The Board direct staff to bring forward changes to the Subdivision Ordinance fees as recommended by staff in Attachment B, with any other changes the Board determines appropriate. 2. The Board adopt the Resolution of Intent in Attachment D to amend the Subdivision Ordinance. With the above direction, staff will proceed with bringing a Subdivision Text Amendment to the Planning Commission. ATTACHMENTS Attachment A - December 5. 2007 Executive Summary. Communitv Development Fee Studv Attachment B- Summary of Subdivision Ordinance service costs. current fees. and fee alternatives Attachment C - Fee comparison for subdivisions in other localities. Attachment D - Resolution of Intent to amend Subdivision Ordinance fees ATTACHMENT A COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Community Development Fee Policy AGENDA DATE: December 5, 2007 ACTION: X INFORMATION: SUBJECT/PROPOSAL/REQUEST: Establish County Policy for Development Related Fees CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Tucker, Foley, Davis, Graham, Schlothauer ATTACHMENTS: Yes LEGAL REVIEW: Yes REVIEWED BY: BACKGROUND: The purpose of this report is to review the findings of a Community Development Fee Study and to receive Board direction on the development of a County policy for cost recovery with these fee based programs. Recognizing the Board's interest in having development review and inspection fees recover all or part of the costs associated with those programs, the County contracted a study with The PFM Group (PFM) to evaluate Community Development's fee based programs. (Attachment A) PFM will present its report to the Board at this meeting. (Attachment B) Following that presentation, staff will discuss PFM's recommendations and provide a recommendation on phasing in fee increases over time. Based on Board input and discussion, staff will follow up at a future meeting with a final policy and proposed ordinance amendments regarding cost recovery. STRATEGIC PLAN: Effectively Manage Growth and Development DISCUSSION: While the PFM study provides a significant amount of detailed information with respect to program costs and revenues, it will be difficult to effectively utilize this information without establishing a policy for cost recovery through development fees. PFM has provided six policy recommendations, which start on page 4 of their report. Staff's perspective on those recommendations is provided below. 1. Improve data quality for fees. Specifically, PFM indicates the complexity of the current fee structure makes it difficult to use, suggesting a need to create unique identifiers for each permit. Staff concurs with this recommendation and believes this can be accomplished as part of consideration of ordinance amendments to revise fees. 2. Reduce the number of fee titles in the schedule. PFM provided a consolidated fee schedule with their report (Table ES-4 starting on page 38). Staff concurs with the need to reduce the number of fee titles and believes this can be accomplished as part of amending the fees in the ordinances. 3. Develop a Board Approved Cost Recovery Policy. PFM has recommended the County implement a policy for cost recovery that 1) identifies the County's costs; 2) establishes the portion of costs to be recovered through associated fees; 3) establishes the frequency with which such fees would be reviewed; and 4) establishes the process for obtaining public input related to fees. In reviewing the minutes of past Board meetings, it appears there was considerable discussion on a fee policy in 1991, but no clear policy was established. (Attachments C & D) Following the 1991 discussions, there has only been one comprehensive fee adjustment, but no further policy consideration. As a result, County fees have not maintained the relationship to costs anticipated in 1991. Staff concurs with the PFM recommendation and believes this policy can assure fees are being implemented in a fair and consistent manner. Within other parts of this discussion, staff is providing recommendations for the issues of identifying the County's costs and the frequency of reviewing the fees. As part of a cost recovery policy with development fees, the Board will also need to consider the following two issues: ATTACHMENT A · Establishing the portion of the costs to be recovered through fees. In general, staff supports the concept of full cost recovery through fees, but notes there are some services with community benefits that may justify reduced fees and there are other services where full cost recovery would require fees that are significantly higher than any of the comparison localities. For example, the fee associated with an Official Determination of Development Rights is currently $40, the highest comparable fee was $100, and the County's cost associated with this determination is estimated at $2,560. (Fee Study, ID #52, pages 11 & 20). The Board may feel this letter provides a significant community benefit that justifies a lower fee when the determination is done for property being placed in a conservation easement, but might consider a lower fee inconsistent with the County's goals when the letter is used to market the development potential of a Rural Area property. Staff proposes a policy that assumes full cost recovery where fees would be comparable to similar localities, but recognizes the Board may need to provide guidance for the remaining services. Staff will develop further information on this in the future. Finally, recognizing fees have not kept in step with cost increases since 1991, staff believes it is appropriate to phase in some fee increases. · Establishing the process for consideration of fee revisions. As the fees are established in County ordinances, the formal process for revising the fees requires public hearings. Beyond this, staff believes that some fee changes could prove controversial and it is desirable to have all concerns with fees identified prior to consideration by the Planning Commission or Board. Staff recommends the process for fee changes include opportunities for public comment before the ordinance amendments are drafted. 4. Adjust fees based on budget growth each year. PFM has recommended an annual adjustment based on a two step process of reviewing work changes and inflation. While staff agrees the fees should be regularly adjusted, staff notes the fee changes require amending ordinances and reprinting of guidance and documents to reflect the new fees. Given the cost / benefit associated with the fee adjustments, staff recommends the policy have fees adjusted every other year, rather than every year, and the adjustment be based on a simple-to-implement inflation factor. 5. Actual time spent providing the services related to each fee should be captured. PFM is recommending Community Development implement a time keeping system to accurately track work time associated with each fee. If fees are to be set at or near full cost recovery, staff agrees this is important. It must be noted that development and implementation of this time keeping system will be a major undertaking. If it is the Board's desire to set fees at or near costs, staff recommends implementation of a fee specific time keeping system as part of Community Development's work program next year. Staff has already started investigating how this may be done and will need to further discuss with the Board the impact of this type of system on the work program. 6. A time period should be established for comprehensive review of development related fees. PFM has recommended this review occur every four or five years with implementation of a time keeping system. Assuming a time keeping system is implemented in FY 08-09, staff recommends the next comprehensive review should be planned for FY 11-12 and the interval for future comprehensive reviews should be established as part of that first review. BUDGET IMPACT: A cost recovery policy allows the County to establish the expectation for development funding versus County funding of County administered permits. This provides for fair and consistent treatment of permits and simplifies budget preparation. It is noted that there are costs associated with implementing and operating a time keeping system, but those cost can be largely recovered as part of the fees. RECOMMENDATIONS: Staff recommends that the Board approve the attached 'Implementation Plan for Development Fee Policy' (Attachment E) as the general direction for moving forward in implementing fee increases. In addition, staff recommends the Board provide direction regarding the points discussed above that can be used in the development of a policy for consideration at a future meeting. Both of these issues will be covered in greater detail through a presentation at Wednesday's Board meeting. ATTACHMENTS Attachment A- Albemarle County Development Fee Study 2007 Attachment B - PFM Presentation Outline Attachment C - June 12,1991 Board Minutes on Development Ordinance's Fee Schedules Attachment D - August 14, 1991 Board Minutes on Development Ordinance's Fee Schedules Attachment E - Implementation Plan for Development Fee Policy 0:: E ~ < 1Il Q) Q) lL. 't:l Q) 't:l t: Q) E E o (.) Q) a: t: o 'iij :~ 't:l .c :J en 00 0 00 0 ""0 '" en <Ii r-: ~6'7 tii. 00 0 00 0 "j(" N NN N <F><F> <F> 00 0 '" ~ ... '" N 0 ~N U"i '" ~ '" <F><F> <F> 00 0 :'i;~ ~ M-q- ~ . 00. 6'7 f:h 00 0 co 0 ... ... '" '" <DC') c5 fh fh fh 00 0 NO'" r---..-- ~ fh EA. Eh N'" N N'" '" '" '" co ;i;:4 ;i "'''' co en (1):9 :9~ '" 0 0- -0 i::::: c: 00 'v)'u) en en 'E 'E E E 00 UU '" '" 1;1; ~~ 'l: 'l: '" '" 'S: 'S; '" '" a: a: ,g.9 0'0 I.~.Q) ~~ :J :J en en <: <: <: 00 0 :~:~ :~ :g:g :g :J:J :J en en en .E.E .E 10 'E 1;1 a: a::: c:: I~I~ ~ <: <: <: :~:~ :~ a:; Q) a; a: a: a: !2 Q,) >- 0.,... 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N'oo::t ;; C\f ...; N "'""'" "'""'" "'" c: c: c: c: 'E 'E 'E 'E 'tl(J 'tl ~H~ ~ <:c.. <: '" '" c: c: :~ C;; :~ C;; Qj c: Qj c: D: u: D: u: c: c: 0 0 '0 '0 'S: 'S: '5 '5 .t:l .t:l ::I ::I 11l 11l '0 '0 ...J ...J 0 In N ATTACHMENT D RESOLUTION OF INTENT WHEREAS, Section 14-203, Fees, of the Subdivision Ordinance (Chapter 14 of the Albemarle County Code) establishes a schedule of fees for various subdivision and related applications and approvals under the Subdivision Ordinance; and WHEREAS, the fees imposed are inadequate to cover the reasonable cost of the services provided by the County in the implementation and administration of the Subdivision Ordinance; and WHEREAS, the County has conducted an extensive fee study to determine the cost of services provided by the County under the Subdivision Ordinance; and WHEREAS, it is desired to amend Section 14-203 in order to establish a schedule of fees that is adequate to cover the reasonable cost of the services provided. NOW, THEREFORE, BE IT RESOL VED THAT for purposes of public necessity, convenience, general welfare and good land development practices, the Albemarle County Board of Supervisors hereby adopts a resolution of intent to amend Section 14-203 of the Subdivision Ordinance to achieve the purposes described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public hearing on the zoning text amendment proposed pursuant to this resolution of intent, and make its recommendations to the Board of Supervisors at the earliest possible date. ***** I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to _, as recorded below, at a regular meeting held on Aye Nay Clerk, Board of County Supervisors Mr. Boyd Mr. Domer Ms. Mallek Mr. Rooker Mr. Slutzky Ms. Thomas I I I . County of Albemarle's Country Stores ZT A 2003-01 Country Stores Background: The Rural Areas section of the Comprehensive Plan introduced Crossroads Communities as a means to provide services for local rural residents and as a way to protect historic resources. Both Crossroads Communities and Rural Areas Alternative Uses were included in the implementation measures approved by the Board in 2005. The Historic Preservation Committee conveyed concerns to the Board that many of the country stores were struggling to survive and that the remaining historic stores were threatened by demolition and neglect and some had been razed. Result: The Board of Supervisors directed staff to modify the Rural Areas implementation priority order by directing staff to propose ways to improve and preserve Albemarle's country stores not only as historic and cultural resources, but as the cornerstones of rural crossroads communities. 1 Albema~le ~ Country Stores @ legend /\./ M.1jor A.o6dI II CIty Boundary M'norRc>....OCountyllound..ry - l4ilroadl Entrance Corridor! L- P.r(~h . ~lopmPnt mal CountryStorelin [ntranc.Corridor . Country Stor... not I" Enlra"e. Corridor .,,",-,n._.""~_"__-""''''''''~JI~ ......,.__.1-__ _"-,.,C.........C__~I~ MIllIS 0,025 O.O~ 0.1 0.1 ~ 0.2 ,..~.....-.._.tIu.~....It"r._OJ1k~,. ~A "_'1(_""92)0 Ii&>: M......... /'Wnw ~W(.. 3 .~ , ," 00 ..._..J''''_ioftw~'_'''"'''_''''''___''''1/}m-. S_....._,._.r-_~ ........'-.-:>._lC"~C_."..._ Miles 0.2 o 02~ O.Oj 0.1 O.IS R...-I.fwIJG......-:f';Di.-I. ,.........R--'J->il._tIooJUoeu.trrrlo_~m/U; T.nMup 7./. Pt.....J /1m Country Stores Ordinance 1. Categories of Country Stores Country stores have been separated into two categories: Class A - historic - 50 years old and older; this class would be a by-right use in the RA district. Class B - non-historic - less than 50 years old; this class would require special use permit in the RA district. 2, Size A maximum 4,000 square feet gross floor area would be permitted for country store use and any secondary use (residence, office). Existing country store buildings with greater square footage cannot exceed their existing size. 3. Mixed Uses The country store building may have a residence and/or office within the building, as long as the country store use remains the primary use (51 %) of the building. Office uses not associated with home occupations are currently not permitted within the Rural Areas zoning district. 4. Food Service Food service would be permitted with the country store, with seating allowed both inside and outside. In order to ensure that the country store did not become a restaurant, the seating areas would be limited to 20% (each, inside and outside) of the square footage of the country store use. Food preparation areas would not restricted by size. 5 7 .. \ o COUNTY OF ALBEMARLE Department of Community Development 401 Mcintire Road, Room 227 Charlottesville, Virginia 22902-4596 Fax (434) 972-4012 Phone (434) 296-5832 o o MEMORANDUM TO: File FROM: David Benish, Chief of Planning DATE: August8,2008 RE: ZTA2006-00001 Country Stores The Albemarle County Planning Commission, at its meeting on July 22, 2008, by a vote of 4:0, recommends the adoption of the above noted zoning text amendment, as follows: 1) Include the provision as stated by Mr. Kamptner to grandfather the existing country stores so that they are conforming for the purposes of the country store use. 2) Remove the references to entrance corridor reviews by the architectural review board on the Secretary of the Interior Standards for Rehabilitation and the National Park Service's Reservation Brief # 25, The Preservation of Historic Signs. If you have any questions, please do not hesitate to contact me. ATTACHMENT - Staff Report, with Draft Ordinance ~ o o o fostering growth and further suburbanization, and additionally provides a market for local agricultural and hand crafted products. BACKGROUND: In preparation for the country stores text amendment, staff met with citizens and store owners to discuss the issues related to country stores. Many of their suggestions were incorporated into a draft proposal presented to the Planning Commission. Since that time, the Commission held work sessions to provide guidance during the development of the country stores ordinance. On July 22,2008, the Planning Commission recommended approval of the ordinance, with one modification. The Commission recommended removal a requirement for the Architectural Review Board to consider the Secretary of the Interior Standards for rehabilitation or alteration of historic country stores located on the Entrance Corridors. The Commission also recommended that a provision be included in the ordinance to bring existing stores into conformance. This provision was previously included in the draft ordinance (Section 5.1.45.d). PURPOSE OF THE WORK SESSION: To provide an opportunity for a discussion of the proposed text amendment for country stores prior to a public hearing. STAFF COMMENT: The following discussion provides brief summaries of the major elements of the proposed ordinance amendment: 1. Categories of Country Stores Country stores have been separated into two categories: Class A - historic - 50 years old and older; this class would be a by-right use in the RA ili~ct. . Class B - non-historic - less than 50 years old; this class would require special use permit in the RA district. 2. Size A maximum 4,000 square feet gross floor area would be permitted for country store use and any secondary use (residence, office). Existing country store buildings with greater square footage cannot exceed their existing size. 3. Mixed Uses The country store building may have a residence and/or office within the building, as long as the country store use remains the primary use (51 %) of the building. Office uses not associated with home occupations are currently not permitted within the Rural Areas zoning district. 4. Food Service Food service would be permitted with the country store, with seating allowed both inside and outside. In order to ensure that the country store did not become a restaurant, the BoS work session 9 03 08 Page 2 of 4 .,. o o o entrance. Exterior alterations of buildings located on Entrance Corridors would require Architectural Review Board approval. Class B -Existing uses in country stores would be allowed to continue to operate. New country stores would be required to obtain a special use permit. Exterior alterations of buildings located on Entrance Corridors would -require Architectural Review Board approval. Implications to Staffing / Staffing Costs: This ordinance amendment would encourage the reuse of country store buildings. Of the total 83 country stores that have been located and surveyed by staff, 49 country store buildings are located on Entrance Corridors. Since the intent of this ordinance is to support and promote country stores in the Rural Areas, it can anticipated that additional applications, both administrative reviews and special use permits, would result from this effort. Although additional reviews will impact staff work loads in the Community Development Department for review of special use permit and site plan applications, the greatest impact would be for the review of the architecture, site design and signs on Entrance Corridors for both Class A and Class B country stores. As the Planning Commission removed a requirement for Secretary of Interior standards to apply to country stores on Entrance Corridors, the anticipated staff time for the Architectural Review Board (ARB) will be reduced. Review times for an ARB application vary from 2 hours to 20 hours, including time to prepare for a pre-application meeting and verifying Class A or Class B status. At this time, the Design Planning staff in functioning in excess of full capacity with mandated reviews; therefore, any additional activity generated by this amendment would increase already over burdened work levels. Although a decline for some of the other applications is currently being experienced due to the economic downturn, the Design Planning staff has been experiencing heavier work levels and with fewer staff with which to distribute new initiatives, due to the frozen Historic Preservation planner position. The review of country stores would be subject to the appropriate fees. No new fees would result from this proposal. STAFF RECOMMENDATION: Staff recommends the Board of Supervisors provide staff any necessary modifications of the draft ordinance found in Attachment B and schedule a public hearing at the earliest possible date. Attachment A: Resolution of Intent Attachment B: Draft Ordinance No. 08-18 ( ) Amendment, dated 8/13/08 BoS work session 9 03 08 Page 4 of 4 Draft: 08/25/08 , ORDINANCE NO. 08-18( ) O AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE 1, GENERAL PROV1SIONS, ARTICLE 11, BASIC REGULATIONS, ART1CLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article I, General Provisions, Article II, Basic Regulations, and Article III, District Regulations, are hereby amended and reordained as follows: By Amending: Sec. 3.1 Sec. 6.4 Sec. 10.2.1 Sec. 10.2.2 Sec. 10.4 Definitions Nonconforming lots By right By special use permit Area and bulk regulations By Adding: Sec. 5.1.45 Country stores Chapter 18. Zoning Article 1. General Provisions o Sec. 3.1 Definitions CountlY Store: A rctail store, the ground floor area of which is four thousand (1,000) square feet or less and which offers store whose orimary use is to offer for sale a wide variety of geed5 retail merchandise. Count]'\! Store. Class A: A country store located in a historic country store buildinl!:. and which may include accessorv uses includinl!: those exoresslv authorized in section 5.1.45. Count]''\! Store. Class B: A countrv store located in a non-historic country store buildinl!:. and which mav include accessory uses including those exoressly authorized in section 5.1.45. Count]'\! Store Buildinrz. Historic: A buildinl!: whose orimarv use at any time on or orior to October 8. 1958 was a countrv store. Countr\! Store Buildinrz. Non-Historic: A buildinl!: constructed after October 8. 1958 whose orimarv use at any time after that date was a country store. Article 2. Basic Regulations Sec. 5.1.45 CountrY stores o Each countrv store. Classes A and B. shall be subiect to the following. as apolicable: ATTACHMENT B REV 8/25/08 Draft: 08/25/08 " a. Off-site conventional sewaf!e disDosal svstem. The zoning, administrator may awrove a conyentional sewaQe disoosal system to serve a country store and its accessorv uses that is located on an abutting, lot. provided that the owner obtains from the owner of the abuttinQ lot an easement and the deed of easement is in a form ~JJ1able to the county_attorney that orovides nerpetual access to the sewage dlliposal system to allow its installation and maintenance. o b. On-site nonconventiona/ sewaf!e disDosal. The zoninQ administrator may authorize an on-site nonconventional sewage disoosal system if the aQnlicant demonstrates to the satisfaction ofthe zoninQ administrator that: (i) a conventional sewage disnQSa[ system cannot be orovided on-site for the country store use onlv: Oi) the lot on which the countrY store use is located cannot be enlarged by boundary line adiustment or subdivision: Oii) a conventional sewal!e disoQSQlsvstem cannot be located on any illlli1tinQ lot owned bv the aQplicant because of a physical condition or limitation of that lot including. but not limited to. toool!raphy. soil conditions. or existinQ imorovements on the abutting lot (hereinafter. a "physical condition or limitation": Ov) a conventional sewage disnosal svstem cannot be located on any abutting lot that is under different ownershin than the lot on which the country store is located because of either a nhysical condition or limitation or the owner's refusal to grant an easement: and (v) the Virl!inia Deoartment of Health aonroves the nonconventional sewaQe disnosal system. In authorizinQ a nonconventional sewal!e disoosal system. the zoninl! administrator mav reauire that the annlicant maintain the svstem as recommended by the Virl!inia Denartment of Health or as reauired by law. c. Svstems defined. For the nurooses of this subsection. a "conventional sewal!e disnosal svstem" means a sewage disnosal system reQulated and authorized by the Viminia Department of Health that uses a subsurface soil absorotion system: a "nonconventional sewal!e disnosal svstem" means a sewal!e disnosal svstem rel!ldated and authorized bv the Virl!inia Denartment of Health that does not use a subsurface soil absorotion svstem includinl!. but not limited to. a Tvne III system regulated under 12 V AC 5-61 0-250(Ct o b. Countrv store. Class B. Each countrv store. Class B. shall be subiect to the following: I . Primm'v use. At least fifty-one nercent (51 %) of the gross floor area of a non-historic country store buildinQ shall be used as a countrY store. including accessorY food sales and interior seatinQ for accessorv food sales as orovided in section 5 .1.45(b )(2)( a). 2. Accessorv uses. The following uses are permitted as accessory uses: a. Accessorv food sales. Accessorv food sales. which may include. but are not limited to. luncheonettes. snack.bars. refreshment stands and other restaurant uses. lnterior seatinQ for luncheonettes. snack bars. refreshment stands and other restaurant uses shall not exceed twenty nercent (20%) of the total gross floor area of the countrv store use. An additional twenty percent (20%) of the total Qross floor area of the country store use shall be allowed as exterior seatinl!. b. Sinf!le familv dwellinf! and offices. Un to forty-nine nercent (49%) ofthe Qross floor area of the non-historic country store buildinl! mav be used for one sinQle familv dwellinl! and/or one or more offices. o 3. Exe111Dtions. Country stores. Class B. shall be exemnt from section 32.7.2.8. 3 ATTACHMENT B REV 8/25/08 .. Draft: 08/25/08 o 5 .1.45(b )(2.)~y continue for UD to two (2) years thereafter even thouQ:h a country store. Class A or Class B use is not reestablished durinQ: that DciillL Sec. 6.4 Nonconforming lots. A nonconforming lot may continue, subject to the provisions, conditions and prohibitions set fOl1h herein. A. Physical changes to a nonconforming lot. A nonconforming lot may be changed as follows: I. Area or width. The area or width, or both, of a nonconforming lot may be increased to make the lot less nonconforming. 2. Boundary line adjustments. The boundary ofa nonconforming lot may be adjusted provided that one lot sharing the boundary to be adjusted is a conforming lot and the boundary line adjustment does not make the conforming lot nonconforming or the nonconforming lot more nonconforming. 3. Public dedication or eminent domain. The area ofa nonconforming lot may be reduced by dedication for a public purpose or by the exercise of eminent domain. B. Uses aI/owed on a nonconforming lot. A nonconforming lot may be used as though it satisfies the zoning regulation that makes it nonconforming, provided that: 1. The use is either a nonconforming use or is a use that complies with the zoning o regulations applicable to the district in which the lot is located; and 2. The zoning administrator determines that the lot may be occupied consistently with the public health, safety and general welfare. C. Division, combination, or adjustment ofboundary line of nonconforming lot authorized. A nonconforming lot may be divided, combined with any other lot, or have one or more of its boundary lines adjusted, provided: I. The resulting lot or lots comply with the requirements applicable to the district in which the lot is located and all other applicable requirements of the Albemarle County Code; ef 2. ln the opinion of the zoning administrator, the resulting lot or lots more substantially conform to the requirements of section 4.0 (general regulations) of this chapter and the area and bulk regulations applicable to the district in which the lot is located, and comply with all other applicable requirements of the Albemarle County Code~~ 3. The resultinQ: lot or lots serve a country store-O Class A or B. and the division. combination or boundarv line adiustment is reauired to allow the use to meet the requirements of the Viminia J:kpmtment of Health and the location of all structures on the resultinQ: lot or lots wi II not become nonconforminQ: or more nonconforminQ:. and the size of the resultinQ: lot or lots will not become more nonconforminQ:. o D. Setbacks applicable to a nonconforming lot. The current front, rear and side yard minimum setbacks applicable to the district in which the lot is located shall apply to a nonconforming lot; provided, that if any such setback is thereafter reduced as a result of an amendment to the setbacks applicable to the district 5 ATTACHMENTB REV 8/25/08 .. Draft: 08/25/08 o Front (existing public roads) 75 feet 75 feet Front (internal public or private road)(Amended 11-13-91) 25 feet 25 feet Side 25 feet 25 feet Rear 35 feet 35 feet Maximum structure height 35 feet 35 feet I, Ella W. Jordan, do hereby celtify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to _, as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Aye Nay Mr. Boyd Mr. DorrieI' Ms. Mallek Mr. Rooker Mr. Slutzky Ms. Thomas o o 7 ATTACHMENT B REV 8/25/08 ~ o landscape back into the fabric of Albemarle County. In addition to the economic, historic, and cultural benefits of supporting country stores there are positive impacts on natural resource conservation. The adaptive re-use of buildings is fundamentally sound environmental practice, producing less overall impact on the environment and helping to conserve natural resources. BACKGROUND: In May of 2003 the Historic Preservation Committee presented a Position Statement on Albemarle County's Historic Country Stores prompting the Board of Supervisors to direct staff to propose ways to improve and preserve Albemarle's country stores not only as an historic and cultural resource, but as an intet,Jfal part of Albemarle's rural crossroads communities. A strong rural economy is one of the elements of the County's vision for the Rural Areas; the Rural Areas Guiding Principles encourage the support of localized rural economies and rural land uses providing rural landowners with economic viability. The proposed changes to the Ordinance are intended to ensure the remaining country stores continue to play an essential role in the culture, economy, and historic legacy of Albemarle County. At this time, 83 country stores have been surveyed, with 49 of those on Entrance Corridors. In March 2007, interested citizens and store owners met with staffto discuss the proposed ordinance framework. Much of the input from these stakeholders was incorporated into a draft proposal presented to the Planning Commission on March 20, 2007. The Commission adopted a Resolution of Intent to direct preparation of a text amendment and also discussed the draft framework proposal (Attachment A). The o Commission has held two work sessions to discuss the proposal. At the last work session in May 2008, the Commission gave direction on three issues. A copy of the action minutes is attached as reference (Attachment C). The proposed ordinance has incorporated the following Commission direction (summary in italics): 1) Alternative septic disposal A three-tired level oj review Jor the alternative systems has been added; alternative disposal system can be considered only if the countlY store use within an historic countly store building necessitates an alternative system. Accessory uses within the building may also use the system once it is in place; the Zoning Administrator may require that the applicant maintain the system, as recommended by the Health Department or required by law. 2) Mixed uses Accessory uses, including a residence and office, would be permitted within the countlY store building provided that the country store would occupy a minimum oj 51% oJthe gross square footage of the building. o 3) Expeditious review The Commission supported staff's recommendation to provide an expeditious processing, provided that a ~pecial use permitJor new countJY store buildings would continue to be required. The Commission also suggested that staff consider merging two Counlly Stores PC repOlt 7 22 09 Page 201'6 o Class A Country Store. In a historic country store building, a country store use or other permitted use in the RA would be by-right, requiring administrative approval only. Also, in recognition that most historic country stores would not meet today's regulations including setbacks, parking, and landscaping, Class A country stores would be exempt from those requirements. If a store is not in operation for two years or more, it would no longer be considered non-co~fo~l11ing. Non-conventional sewage disposal systems would be considered for the country store use, as many of the existing stores are located on lots that may not accommodate a two- drain field conventional system. The system would be considered under a three-tiered evaluation, as recommended by the Planning Commission: 1) for country store use only; 2) drainfields cannot be located on-site or on an adjacent parcel; and approved by the Health Department. According to the Health Department, the state health department will have an operation and maintenance program taking effect July 1,2009. All pre- treatment units have to be NSF 40 certified. Presently, dealers for these units have to inspect these units when they are installed and 6 months thereafter for a two year period. Class B Country Store. In a non-historic building, a new country store use or other permitted use in the RA would be required to obtain a special use pennit. o Class A and Class B Country Stores. Some of the proposed regulations apply to both classes of country store. As we have experienced, there can be some difficulty in retaining the economic viability of country stores in the Rural Areas. Country store property owners have discussed ideas that would allow a diversification of uses that they believe necessary for their survival. Consideration of other uses included historic precedence, scale, parking, and potential demand of services. Regulations concerning building size and the maximum amount of accessory uses in relation to the country store use apply to both Classes. The following regulations would apply to both classes: o . Maximum 4,000 square foot building (removed from definition, so that it can be waived by the Planning Commission); · Office and/or residence allowed in a maximum 49% of the country store building (offices and mixed residential/office/country store uses are currently not permitted in the RA District); . Food preparation, sale, and consumption in no more than 20% ofthe country store area within the building; outdoor seating area would also be permitted, with size limited to 20% of the country store area within the building; · Entrances would be required to meet Virginia Department of Transportation (VDOT) sight distance standards; · Stores and signs on Entrance Corridors would be reviewed by the Architectural Review Board, using the Secretary of Interior standards · Gasoline sales would be allowed with a special use permit, with limitations on the fuel/nozzle dispensers; other fuels, such as propane and diesel could also be sold without limitation; . Pre-existing country stores with special use permits would be allowed to continue in use, as approved; Counl1y Stores PC rep0l1 7 22 09 Page 4 of6 o o o been experiencing heavier work levels and with fewer staff, due to the frozen Historic Preservation planner position. The review of country stores would be subject to the appropriate fees. No new fees would result from this proposal. STAFF RECOMMENDATION: Staff recommends adoption of the draft ordinance found in Attachment B. It should be noted that there are resource implications to the adoption and implementation of the ordinance (as described above) that need to be addressed by the Board of Supervisors before this ordinance is adopted and put into effect. Attachment A: Resolution of Intent Attachment B: Draft Ordinance No. 08-18 - final draft Attachment C: May 22, 2008 Planning Commission Final Action Memo Attachment D: Secretary of Interior Standards Counl1y Stores PC rcpOlt 7 22 09 Page 6 of6 o o o Draft: 07/15/08 ORDINANCE NO. 08-18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE II, BASIC REGULAT10NS, ARTICLE Ill, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article I, General Provisions, Article II, Basic Regulations, and Article Ill, District Regulations, are hereby amended and reordained as follows: By Amending: Sec. 3.1 Sec. 6.4 Sec. 10.2.1 Sec. 10.2.2 Sec. 10.4 Definitions Nonconfonning lots By right By special use permit Area and bulk regulations By Adding: Sec. 5.1.45 Country stores Chapter 18. Zoning Article 1. General Provisions Sec.3.1 Definitions Country Store: A retail store, the ground floor area of which is four thousand (1,000) square feet or less and v/hich offers store whose nrimary use is to offer for sale a wide variety of geeds retail merchandise. Countr\! Store. Class A: A country store located in a historic country store building...llnd which may include accessory uses includinl! those express Iv authorized in section 5.1.45. Countlutore Class B: A country-stoce~cated in a non-historic country store building, and which may include accessorv uses includinl! those expresslv authorized in section 5.1.45. Countr\! Store Bui/dinJ!..Jlis.toric..: A building whose primarv use at anv time on or prior to September 10, 1958 was a country store. Countr\! Store BuildinJ!.. Non-Historic: A buildinl! constructed after Seotember 10. 1958 whose orimary use at anv time after that date was a country store. Article 2. Basic Regulations Sec. 5.1.45 Countrv stores Each country store. Classes A and B.. shall be subject to the following, as anolicable: a. Count}'\! store. Class II. Each countrX2tore, Class A. shall be subiect to the following: 1 ATTACHMENT B . o o o Draft: 07/15/08 8. Siens. The review and approval of all signs shall be in accordance with section 4.15. In its review of a certificate of appropriateness for a sig:n located within an entrance corridor ~LlgY district under section 30.6Jhe architectural review board shall consider the National Park Service's Preservation Brief# 25Jbe Preservation of Historic Sig:ns. in effect on September I 0~2008 and as amended thereafter. in addition to other applLcable guidelines. 9. Nonconvenlli2l1al sewageJiiS]2osa/ svstem. Notwithstanding: anv other provision of this c_bapter. the zoning administrator may approve a nonconventional sewa~isllillil1 ~stem to serve a country store and its accessory uses. The zoning: administrator may authorize a nonconventional sewa~isoosal svstem if: (il1h.e apolicant demonstrates to the satisfaction of the zoning administrator that a conveniliIDal sewa!!e disposal system cannot be nrovided on-site for the country store use onlv: (ii) the aoolicant demonstrates to the satisfaction of the...wning administrator that a drain field cannot be located on abuttin!! lots that are under different ownership than the lot on which the country store is located: and (iii) the Viminia DeQartment of Health apJ2Toves the nonconventional sewal!e disoosal svstem. ln authorizing a nonconventional sewage disposal system. the zoning administrator mav require that the apolicant maintain the svstem as recomrnended by the Viwinia Department Q.[Jkglth or as reguired by law . For the purposes of this subsection. a "nonconventional sewage disposal system" means a sewage disoosal system re2:ulated and authorized by the Vir:ginia Department of Health that does not use a subsurface soil absorption svstem including,_but not limited to. a Tyoe III svstem rel!ulated under 12 V AC 5-6l0-250(Ct b. Count}'\! store. Class BEach country store. Class B. shall be subie-ct to the followin!!: 1. Primm'\! use. At least fiftv-one percent (51 %) of the 2:ross floor area of a nonhistoric country store building: shall be used as a country store. including accessory food sales and interior seatin2: for accessory food sales as orovided in section 5.1.45(b)(2)(a). 2. Acc~lIl1ses. The followimr uses are permitted as accessorv uses: a. Accesso}'\! food sales. Accessorv food sales. which mav include. but are not limited to. luncheonettes. snack bars. refreshment stilllds.Jlnd other restaurant uses. Interior seatin2: for luncheonettes. snack bars. refreshment stands and other restaurant uses shall not exceed twentv percent (20%) of the total gross floor area of the country store use; an additional twentv oercent (20%) of the total gross floor area of the countrv store use shall be allowed as exterior seating, b. Sim!le fami/v dv-.'ellim! and offices. Uo to fortv-nine percent (49%) of the g:ross floor area of the historic country store buildinl! mav be used for one single familv dwelling and/or one or more offices. 3. Exemptions. Country stores. Class B. shall be exemot from section 32.7.2~ 4. Buildinf! size. A nonhistoric country store building shall not exceed four thousand (4.000) square feet of g:ross floor area. 5. Front vard setback. The followin2: minimum front yard setback shall aQP~ a. Existinf! bui/dinf! satisfies minimum front vard setback. If. on September 10. 200S. an existing nonhistoric country store buildin2: satisfies the minimum front vard setback set forth in section 10.4. then that setback shall aQI2lY, b. Existi}JJ!. building does not satisfv minimum kont vard setback. If, on September 10.., 2008. an existing nonhistoric country store building does not satisfx the minimum 3 c o o Draft: 07/15/08 Sec. 6.4 Nonconforming lots. A nonconfonning lot may continue, subject to the provisions, conditions and prohibitions set forth herein. A. Physical changes to a nonco/?forming lot. A nonconforming lot may be changed as follows: 1. Area or width. The area or width, or both, of a nonconforming lot may be increased to make the lot less nonconforming. 2. Boundary line ac(justments. The boundary of a nonconforming lot may be adjusted provided that one lot sharing the boundary to be adjusted is a conforn1ing lot and the boundary line adjustment does not make the conforming lot nonconforming or the nonconfonning lot more nonconfom1ing. 3. Public dedication or eminent domain. The area ofa nonconforming lot may be reduced by dedication for a public purpose or by the exercise of eminent domain. B. Uses allowed on a nonconforming lot. A nonconfom1ing lot may be used as though it satisfies the zoning regulation that makes it nonconforming, provided that: 1 . The use is either a nonconforming use or is a use that complies with the zoning regulations applicable to the district in which the lot is located; and 2. The zoning administrator detelwines that the lot may be occupied consistently with the public health, safety and general welfare. C. Division. combination, or adjustment of boundwy line of nonconforming lot authorized. A nonconforming lot may be divided, combined with any other lot, or have one or more of its boundary lines adjusted, provided: 1. The resulting lot or lots comply with the requirements applicable to the district in which the lot is located and all other applicable requirements of the Albemarle County Code; ef 2. In the opinion of the zoning administrator, the resulting lot or lots more substantially conforn1 to the requirements of section 4.0 (general regulations) of this chapter and the area and bulk regulations applicable to the district in which the lot is located, and comply with all other applicable requirements of the Albemarle County Code~~ 3. The resultirudot or lots serve a country store. Class A or B. and the division. combination or boundar'lJine adjustment is req1lired to allow the use to meet the requirements of the Virl!inia DeQartment of Health and the location of all structures on the resultinl! lot or lots will not become nonconforminl! or more nonconforminl!. and the size of the resulting lot or lots will not become more nonconformin~ D. Setbacks applicable to a noncOl?forming lot. The current front, rear and side yard minimum setbacks applicable to the district in which the lot is located shall apply to a nonconforming lot; provided, that if any such setback is thereafter reduced as a result of an amendment to the setbacks applicable to the district in which the lot is located, and in effect when an existing structure is extended or enlarged, then that reduced setback shall apply. E. Effect of change of oyvnerslzip. A change of the ownership or occupancy of a nonconfonning lot shall not affect the status of the nonconforn1ing lot. (ss 6.1.1, 6.1.2, 6.5.1, 6.5.2, 6.5.4,12-10-80,4-15-81,9-21-88,6-14-89,9-9-92; Ord. 00-18(4), 6-14-00) 5 .. o o c . Draft: 07/15/08 I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to _, as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Aye Nay Mr. Boyd Mr. Dorrier Ms. Mallek Mr. Rooker Mr. Slutzky Ms. Thomas 7 o o o was taken. No formal action was taken. The Planning Commission provided the following comments to staff's questions. Issue One: Septic Systems: Question - Would the Planning Commission support alternative septic disposal? It was the consensus of the Planning Commission to agree with staff's recommendation to allow alternative sewage disposal fields on country store sites for the country store use only with the following caveats. o Only accept with Health Department approval; o Maintenance of the alternative systems required before 2009 if put in effect before the July, 2009 State Health Department regulation; and o The country store use itself must justify the need; the other uses within the building are optional and should not be used as a justification for an alternative sewage disposal field. Issue 2: Mixed Uses: Should country store buildings be allowed to contain other uses? It was the consensus of the Planning Commission that country store buildings be allowed to contain other uses as recommended by staff. There were some concerns expressed about the office use being supportive of the country store use. The Commission supported that the percentage of building square footage devoted to the country store use must be a minimum of 51 percent, in order make certain that the country store use is the primary use in the country store building. Issue 3: Expeditious Review Encouraging a revival of country stores includes providing a review process by which the County can assure that the public health, safety and welfare are protected, while providing an expeditious review for the applicant. Question: Four classes of country stores are proposed: 1. Class A - an existing country store that is continuing or will be re-established in its original country store building, without need of exterior changes in appearance. This will be a by-right use. 2. Class B - a country store or other use to be located in an existing country store building that has undergone a material change in appearance in the 50 years prior to the date of the application. 3. Class C - a country store to be located on an existing footprint (or portion of the footprint of a former country store building). The original building no longer exists. The footprint would be determined by the Director of Zoning. 4. Class D - a new country store not located on a footprint that was a former country store. These will require a special use permit. Should Class B and Class C be required to have a special use permit or should they be processed with an administrative (technical) review? Discussion: Applicants for special use permits in the RA are typically novices in dealing with these types of applications. In most cases, this is the first and only time they will have individual contact with a legislative process. Staff recognizes that the special use permit process can be expensive and timely to complete, especially for applicants not familiar with the process. In the interest of providing all the necessary reviews, but in the most expeditious way, administrative review should be considered for country stores that want to expand (Class B) and country stores to be constructed on the footprint (Class C) of a store that is no longer standing. Existing stores (Class A) would be by-right uses and new stores would be required to be reviewed under the special use permit process, as there may be adjacent or community concerns that require public input. The primary distinction between a special use permit process and an administrative review is that of public involvement, but any administrative review application may be "called up" for Planning Commission review. However, denial of this type of application is limited to those cases in which specific requirements of the ordinance are not met. Also, all applications on Entrance Corridors would be subject to the review of the Architectural Review Board. ALBEMARLE COUNTY PLANNING COMMISSION - MAY 20, 2008 FINAL ACTION MEMO - REVISED 2 o o o . There being no old business, the meeting moved to the next item. New Business: There being no new business, the meeting moved to the next item. Adjournment Motion: Mr. Edgerton moved, Ms. Porterfield seconded to adjourn to the Wednesday, May 21 joint Board of Supervisors meeting. The motion was approved by a vote of 5:0. (Mr. Cannon and Mr. Strucko were absent.) With no further items, the meeting adjourned at 7:56 p.m. to the Wednesday, May 21, 2008 joint Board of Supervisors meeting at 1 :30 p.m. at the County Office Building, Room 241, Second Floor, Auditorium, 401 Mcintire Road, Charlottesville, Virginia. V. Wayne Cilimberg, Secretary (Recorded and transcribed by Sharon C. Taylor, Clerk to Planning Commission & Planning Boards) ALBEMARLE COUNTY PLANNING COMMISSION - MAY 20, 2008 FINAL ACTION MEMO - REVISED 4 The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines tor Roo. Page 2 at 4 rehabilitation project, those complex design issues dealing with new use requirements such as alterations and additions are highlighted at the end of each section to underscore the need for particular sensitivity in these areas. Replace Following repair in the hierarchy, guidance is provided for replacing an entire character-defining feature with new http://www.nps.goy/history/hps/tps/tax/rhb/guide.htm . o o The parallel"Not Recommended" area lists the types of actions that are most apt to cause the diminution or even loss of the buildings's historic character. o How to Use The Guidelines r, i Identify, Retain, and Preserve The guidance that is basic to the treatment of all historic buildings--identifying, retaining, and preserving the form and detailing of thos architectural materials and features that are important in defining the historic character--is always listed first in the "Recommended" area. The parallel "Not Recommended" area lists the types of actions that are most apt to cause the diminution or even loss of the buildings's historic character. It should be remembered, however, that such loss of character is just as often caused by the cumulative effect of a series of actions that would seem to be minor interventions. Thus, the guidance in all of the "Not Recommended" areas must be viewed in that larger context, e.g., for the total impact on a historic building. rt l~ Protect and Maintain After identifying those materials and features that are important and must be retained in the process of rehabilitation work, then protecting and maintaining them are addressed. Protection generally involves the least degree of intervention and is preparatory to other work. For example, protection includes the maintenance of historic material through treatments such as rust removal, caulking, limited paint removal, and re-application of protective coating; the cyclical cleaning of roof gutter systems; or installation of fencing, protective plywood, alarm systems and other temporary protective measures. Although a historic building will usually require more extensive work, an overall evaluation of its physical condition should always begin at this level. Repair Next, when the physical condition of character-defining materials and features warrants additional work repairing is recommended. Guidance for the repair of historic materials such as masonry, wood. and architectural metals again begins with the least degree of intervention possible such as patching, piecing- in, splicing, consolidating, or otherwise reinforcing or upgrading them according to recognized preservation methods. Repairing also includes the limited replacement in kind--or with compatible substitute material--of extensively deteriorated or missing parts of features when there are surviving prototypes (for example, brackets, dentils, steps, plaster, or portions of slate or tile roofing). Although using the same kind of material is always the preferred option, substitute material is acceptable if the form and design as well as the substitute material itself convey the visual appearance of the remaining parts of the feature and finish. GATE EINGIlS AND FASTS. To S"ifJJ;,6 B,Y:.h -Way!, ;!~!: ~{;~.~''$bl;Hi;l;'. 't~,.;d t'Nt 7/16/2008 o o o The Secretary of the Interior's Standards for Rehabilitation & Illustrated GUIdelines tor Roo. Page 4 ot 4 new use, but it is emphasized in the guidelines that such new additions should be avoided, if possible, and considered only after it is determined that those needs cannot be met by altering secondary, i.e., non character-defining interior spaces. If, after a thorough evaluation of interior solutions, an exterior addition is still judged to be the only viable alterative, it should be designed and constructed to be clearly differentiated from the historic building and so that the character-defining features are not radically changed, obscured, damaged, or destroyed. Additions to historic buildings are referenced within specific sections of the guidelines such as Site, Roof, Structural Systems, etc., but are also considered in more detail in a separate section, New Additions to Historic Buildings. Energy Efficiency/Accessibility Considerations/Health and Safety Considerations These sections of the rehabilitation guidance address work done to meet accessibility requirements and health and safety code requirements; or retrofitting measures to conserve energy. Although this work is quite often an important aspect of rehabilitation projects, it is usually not a part of the overall process of protecting or repairing character-defining features; rather, such work is assessed for its potential negative impact on the building's historic character. For this reason, particular care must be taken not to radically change, obscure, damage, or destroy character-defining materials or features in the process of rehabilitation work to meet code and energy requirements. . I Home I Next I Previous . http://www.nps.gov/history/hps/tps/tax/rhb/guide.ht111 7 116/2008 - The Secretary at the Intenors :stanaaras tor KenaDllnanon 6.: lIlUStratea \..JUlueunes rur K... luge L. U1 0 coatings, and color. o Materials and craftsmanship illustrated in stone wall. not recommended..... ___M_;.",..-..,'_"^_,,. Removing or radically changing masonry features which are important in defining the overall historic character of the building so that, as a result, the character is diminished. Replacing or rebuilding a major portion of exterior masonry walls that could be repaired so that, as a result, the building is no longer historic and is essentially new construction. Applying paint or other coatings such as stucco to masonry that has been historically unpainted or uncoated to create a new appearance. Removing paint from historically painted masonry. Radically changing the type of paint or coating or its color. I' o Masonry ....Protect and Maintain .. recommended..... Protecting and maintaining masonry by providing proper drainage so that water does not stand on flat, horizontal surfaces or accumulate in curved decorative features. Cleaning masonry only when necessary to halt deterioration or remove heavy soiling. Carrying out masonry surface cleaning tests after it has been determined that such cleaning is appropriate. Tests should be observed over a sufficient period of time so that both the immediate and the long range effects are known to enable selection of the gentlest method possible. Chemical cleaning to remove dirt from granite. o Cleaning masonry surfaces with the gentlest method possible, such as low pressure water and detergents, using natural bristle brushes. Inspecting painted masonry surfaces to determine whether repainting is necessary. http://www.nps.gov/history/hps/tps/tax/rhb/masonryOl.htm 7/16/2008 The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for Roo. Page 4 of 6 sandblasting, application of caustic solutions, or high pressure waterblasting. Failing to follow manufacturers' product and application instructions when repainting masonry. o Using new paint colors that are inappropriate to the historic building and district. Failing to undertake adequate measures to assure the protection of masonry features. Masonry ....Repair . recommended..... Repairing masonry walls and other masonry features by repointing the mortar joints where there is evidence of deterioration such as disintegrating mortar, cracks in mortar joints, loose bricks, damp walls, or damaged plasterwork. Removing deteriorated mortar by carefully hand-raking the joints to avoid damaging the masonry. Duplicating old mortar in strength, composition, color, and texture. Duplicating old mortar joints in width and in joint profile. o Repairing stucco by removing the damaged. material and patching with new stucco that duplicates the old in strength, composition, color, and texture. Using mud plaster as a surface coating over unfired, unstabilized adobe because the mud plaster will bond to the adobe. Cutting damaged concrete back to Preparation for stucco repair. remove the source of deterioration (often corrosion on metal reinforcement bars). The new patch must be applied carefully so it will bond satisfactorily with, and match, the historic concrete. Repairing masonry features by patching, piecing-in, or consolidating the masonry using recognized preservation methods. Repair may also include the limited replacement in kind--or with compatible substitute material--of those extensively deteriorated or missing parts of masonry features when there are surviving prototypes such as terra-cotta brackets or stone balusters. o Replacement stones tooled to match original. Applying new or non-historic surface treatments such as water-repellent coatings to masonry only after repointing and only if masonry repairs have failed to arrest water penetration problems. not recommended..... httn:llwww.nns.i!ov/historv/hns/tns/tax/rhb/masonrvOI.htm 7/1612008 o o o The Secretary of the Interior's Standards tor Rehabll1tatlOn & 1I1ustrated UUldelllles tor K... IJage b ot b . not recommended..... _<V'"'<>...'>~',.am..~_,___,,,',.., Removing a masonry feature that is unrepairable and not replacing it; or replacing it with a new feature that does not convey the same visual appearance. Design for Missing Historic Features The following work is highlighted to indicate that it represents the particularly complex technical or design aspects of rehabilitation projects and should only be considered after the preservation concerns listed above have been addressed. recommended..... Designing and installing a new masonry feature such as steps or a door pediment when the historic feature is completely missing. It may be an accurate restoration using historical, pictorial, and physical documentation; or be a new design that is compatible with the size, scale, material, and color of the historic building. not recommended..... ~~____,>">>,,,~,,,'x,~_,,,._..,,><"'v Creating a false historical appearance because the replaced masonry feature is based on insufficient historical, pictorial, and physical documentation. Introducing a new masonry feature that is incompatible in size, scale, material and color. . I Horne I Next I Previous . httn://www.nos.1!ov/historv/hos/tps/tax/rhb/masonryOl.htm 7/1612008 The Secretary ofthe Interior's Standards tor KehabllItahon & illustrated Umdelmes tor K... page 1. ot ) Removing a major portion of the historic wood from a facade instead of repairing or replacing only the deteriorated wood, then reconstructing the facade with new material in order to achieve a uniform or "improved" appearance. o Radically changing the type of finish or its color or accent scheme so that the historic character of the exterior is diminished. Stripping historically painted surfaces to bare wood, then applying clear finishes or stains in order to create a "natural look." Stripping paint or varnish to bare wood rather than repairing or reapplying a special finish, i.e., a grain finish to an exterior wood feature such as a front door. Wood ....Protect and Maintain recommencled.....".,'- ,,,,.> , Wood features inappropriately stripped of traditional painted finish. ... Protecting and maintaining wood features by providing proper drainage so that water is not allowed to stand on flat, horizontal surfaces or accumulate in decorative features. o Applying chemical preservatives to wood features such as beam ends or outriggers that are exposed to decay hazards and are traditionally unpainted. Retaining coatings such as paint that help protect the wood from moisture and ultraviolet light. Paint removal should be considered only where there is paint surface deterioration and as part of an overall maintenance program which involves repainting or applying other appropriate protective coatings. Inspecting painted wood surfaces to determine whether repainting is necessary or if cleaning is all that is required. Removing damaged or deteriorated paint to the next sound layer using the gentlest method possible (handscraping and handsanding), then repainting. Using with care electric hot-air guns on decorative wood features and electric heat plates on flat wood surfaces when paint is so deteriorated that total removal is necessary prior to repainting. l' Using chemical strippers primarily to supplement other methods such as handscraping, handsanding and the above- Hand scraping wood column prior recommended thermal devices. Detachable to repainting. wooden elements such as shutters, doors, and columns may--with the proper safeguards--be chemically dip- stripped. o http://www.nps.gov/history/hps/tps/tax/rhb/woodOl.htm 7/16/2008 The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for R... Page 4 of 5 limited replacement in kind-- or with compatible substitute material--of those extensively deteriorated or missing parts of features where there are surviving prototypes such as brackets, molding, or sections of siding. o o o Limited replacement-in-kind of deteriorated wood clapboards. not recommended..... ""'..,"<~,"""",>>" Replacing an entire wood feature such as a cornice or wall when repair of the wood and limited replacement of deteriorated or missing parts are appropriate. Using substitute material for the replacement part that does not convey the visual appearance of the surviving parts of the wood feature or that is physically or chemically incompatible. Wood ....Replace recommended..... Replacing in kind an entire wood feature that is too deteriorated to repair--if the overall form and detailing are still evident-- using the physical evidence as a model to reproduce the feature. Examples of wood features include a cornice, entablature or balustrade. .. If using the same kind of material is not technically or economically feasible, then a compatible substitute material may be considered. Replacing rotted wood column'base with new wood. not recommended...... "*"',.~'''N''._~'''. Removing a feature that is unrepairable and not replacing it; or replacing it with a new feature that does not convey the same visual appearance. Design for Missing Historic Features The following work is highlighted to indicate that it represents the particularly complex technical or design aspects of rehabilitation projects and should only be considered after the preservation concerns listed above have been addressed. recommended..... Designing and installing a new wood feature such as a cornice or httn'//www nns IJov/historv/hns/tns/tax/rhb/woodO l.htm 7/16/2008 The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for R... Page 1 of 5 ~echnical Pre5e~y o o . .. - - Bui! din g Exterior Architectural Metals Identify}hProtClCt tRepairl Replace I Missing FaaturQ 1 Alterations/Additions Architectural metal features- -such as cast iron facades, porches, and steps; sheet metal cornices, siding, roofs, roof cresting and storefronts; and cast or rolled metal doors, window sash, entablatures, and hardware--are often highly decorative and may be important in defining the overall historic character of the building. Metals commonly used in Well-maintained historic metal storefront. historic buildings include lead, tin, zinc, copper, bronze, brass, iron, steel, and to a lesser extent, nickel alloys, stainless steel and aluminum. Historic metal building components were often created by highly skilled, local artisans, and by the late 19th century, many of these components were prefabricated and readily available from catalogs in standardized sizes and designs. Architectural Metals .. ..Identify, retain, and preserve .. recommended..... _,";v.,__''','.,''.'''''''.'''', .',c,""" Identifying, retaining, and preserving architectural metal features such as columns, capitals, window hoods, or stairways that are important in defining the overall historic character of the building; and their finishes and colors. Identification is also critical to differentiate between metals prior to work. Each metal has unique properties and thus requires different treatments. Cast-iron steps with distinctive cut-out work. not recommended..... ~"M,>___""__.,,'/,_,,~ Removing or radically changing architectural metal features which are important in defining the overall historic character of the building so that, as a result, the character is diminished. o Removing a major portion of the historic architectural metal from a facade instead of repairing or replacing only the deteriorated metal, then reconstructing the facade with new material in order to create a uniform, or "improved" appearance. Radically changing the type of finish or its historic color or accent scheme. httn://www.nos.Qov/historv/hos/tos/tax/rhb/metalsOl.htm 7/16/2008 The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines tor R... Page 3 of 5 Applying paint or other coatings to metals such as copper, bronze, or stainless steel that were meant to be exposed. o o o . Clogged gutter leading to corrosion. Using cleaning methods which alter or damage the historic color, texture, and finish of the metal; or cleaning when it is inappropriate for the me:tal. Removing the patina of historic metal. The patina may be a protective coating on some metals, such as bronze or copper, as well as a significant historic finish. Cleaning soft metals such as lead, tin, copper, terneplate, and zinc with grit blasting which will abrade the surface of the metal. Failing to employ gentler methods prior to abrasively cleaning cast iron, wrought iron or steel; or using high pressure grit blasting. Failing to re-apply protective coating systems to metals or alloys that require them after cleaning so that accelerated corrosion occurs. Using new colors that are inappropriate to the historic building or district. Failing to assess pedestrian use or new access patterns so that architectural metal features are subject to damage by use or inappropriate maintenance such as salting adjacent sidewalks. Failing to undertake adequate measures to assure the protection of architectural metal features. Architectural Metals ....Repair .. recommended..... Repairing architectural metal features by patching, splicing, or otherwise reinforcing the metal following recognized preservation methods. Repairs may also include the limited replacement in kind--or with a compatible substitute material--of those extensively deteriorated or missing parts of features when there are surviving prototypes such as porch balusters, column capitals or bases; or porch cresting. Repairing a decorative iron balcony. not recommended~.... l' -/H.<<_'__"_.",.<-.". Replacing an entire architectural metal feature such as a column or a balustrade when repair of the metal and limited replacement of deteriorated or missing parts are appropriate. Using a substitute material for the replacement part that does not convey the httD:/ /www.nDs.gov/historv/hos/tos/tax/rhb/metalsOl.htm 7/16/2008 The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines tor Roo. Page 5 of 5 . I Home I Next I Previous . o o c hHn.ffulHlHI nn<: (J(w/hi "tn",/hns/tns/tax/rhb/metalsO l.htm 7/16/2008 o o o The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for R... Page 2 of 4 Removing a major portion of the roof or roofing material that is repairable, then reconstructing it with new material in order to create a uniform, or "improved" appearance. Changing the configuration of a roof by adding new features such as dormer windows, vents, or skylights so that the historic character is diminished. Stripping the roof of sound historic material such as slate, clay tile, wood, and architectural metal. Applying paint or other coatings to roofing material which has been historically uncoated. Roofs ....Protect and Maintain .. recommended....."' Protecting and maintaining a roof by cleaning the gutters and downspouts and replacing deteriorated flashing. Roof sheathing should also be checked for proper venting to prevent moisture condensation and water penetration; and to insure that materials are free from insect infestation. Providing adequate anchorage for roofing material to guard against wind damage and moisture penetration. Gable and pent roof in excellent condition. Protecting a leaking roof with plywood and building paper until it can be properly repaired. not recommended..... ~..,__'~A..~"".<<,,_';V"A._' Failing to clean and maintain gutters and downspouts properly so that water and debris collect and cause damage to roof fasteners, sheathing, and the underlying structure. Allowing roof fasteners, such as nails and clips to corrode so that roofing material is subject to accelerated deterioration. Permitting a leaking roof to remain unprotected so that accelerated deterioration of historic building materials--masonry, wood, plaster, paint and structural members--occurs. Roofs .. ....Repair recommended..... Repairing a roof by reinforcing the historic materials which comprise roof features. Repairs will also generally include the limited replacement in kind--or with compatible substitute material--of those extensively deteriorated or missing parts of features when there are surviving prototypes such as htto://www.nos.gov/historv/hps/tps/tax/rhb/roofsOI.htm 7/16/2008 o o o The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for R... Page 4 of 4 recommended..... Designing and constructing a new feature when the historic feature is completely missing, such as a chimney or cupola. It may be an accurate restoration using historical, pictorial, and physical documentation; or be a new design that is compatible with the size, scale, material, and color of the historic building. not recommended..... --'""-,'~."' Creating a false historical appearance because the replaced feature is based on insufficient historical, pictorial, and physical documentation. Introducing a new roof feature that is incompatible in size, scale, material and color. Alterations/Additions for the New Use The following work is highlighted to indicate that it represents the particularly complex technical or design aspects of rehabilitation projects and should only be considered after the preservation concerns listed above have been addressed. recommended..... Installing mechanical and service equipment on the roof, such as air conditioning, transformers, or solar collectors when required for the new use so that they are inconspicuous from the public right-of-way and do not damage or obscure character-defining features. ./ ~ .j,. ~.. '" ~ -'" \~ ';~ Designing additions to roofs such as residential, office, or storage spaces; elevator housing; decks and terraces; or dormers or skylights when required by the new use so that they are inconspicuous from the public right-of-way and do not damage or obscure character'"defining features. Non-obtrusive skylights on rear of residence. not recommended..... >;<~:-;.;y;;.;-,_"'_;_,~._:_;y;..c,,_, Installing mechanical or service equipment so that it damages or obscures character-defining features; or is conspicuous from the public right-of-way. Radically changing a character-defining roof shape or damaging or destroying character-defining roofing material as a result of incompatible design or improper installation techniques. . . Home I Next I Previous . http://www.nps.gov/history/hps/tps/tax/rhb/roofsOl.htm 7 II 6/2008 o o I I I I I . , I I I . I o The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for R... Page 2 of 5 . functional and decorative features--that are important in defining the overall historic character of the building. Such features can include frames, sash, muntins, glazing, sills, heads, hoodmolds, panelled or decorated jambs and moldings, and interior and exterior shutters and blinds. Window condition assessment preceding repair work. Conducting an indepth survey of the conditions of existing windows early in rehabilitation planning so that repair and upgrading methods and possible replacement options can be fully explored. not recommended..... 'K_""'''''~''~'~' Removing or radically changing windows which are important in defining the historic character of the building so that, as a result, the character is diminished. Changing the number, location, size or glazing pattern of windows, through cutting new openings, blocking-in windows, and installing replacement sash that do not fit the historic window opening. Changing the historic appearance of windows through the Ijse of inappropriate designs, materials, finishes, or colors which noticeably change the sash, depth of reveal, and muntin configuration; the reflectivity and color of the glazing; or the appearance of the frame. Obscuring historic window trim with metal or other material. Stripping windows of historic material such as wood, cast iron, and bronze. Replacing windows solely because of peeling paint, broken glass, stuck sash, and high air infiltration. These conditions, in themselves, are no indication that windows are beyond repair. Windows ....Protect and Maintain . recommended... ..'"'~'-,,^'" .."~,, Protecting and maintaining the wood and architectural metal which comprise the window frame, sash, muntins, and surrounds through appropriate surface treatments such as cleaning, rust removal, limited paint removal, and re- application of protective coating systems. Making windows weathertight by re- caulking and replacing or installing weatherstripping. These actions also improve thermal efficiency. Evaluating the overall condition of materials to determine whether more than protection and maintenance are required, Le. if repairs to windows and window htto:/ /www.nos.goy/history/hps/tps/tax/rhb/winclowsOl.htm 7/16/2008 The Secretary of the Interior's Standards tor Rehabilitation & llIustrated GUidelmes tor K... l~age 4 ot ::> Using substitute material for the replacement part that does not convey the visual appearance of the surviving parts of the window or that is physically or chemically incompatible. o Windows ....Replace recommended.....' Replacing in kind an entire window that is too deteriorated to repair using the same sash and pane configuration and other design details. If using the same kind of material is not technically or economically feasible when replacing windows deteriorated beyond repair, then a compatible substitute material may be considered. o .. Deteriorated lower window sash shown prior to its replacement in kind. For example, on certain types of large buildings. particularly high-rises, aluminum windows may be a suitable replacement for historic wooden sash provided wooden replacement are not practical and the design detail of the historic windows can be matched. Historic color duplication, custom contour panning, incorporation of either an integral muntin or 5/8" deep trapezoidal exterior muntin grids, where applicable, retention of the 'same glass to frame ratio, matching of the historic reveal, and duplication of the frame width, depth, and such existing decorative details as arched tops should all be components in aluminum replacements for use on historic buildings. '~~~}~~~;~~;t~L_.~~_ Lower window sash replaced, based on physical documentation. not recommended..... Removing a character-defining window that is unrepairable and blocking it in; or replacing it with a new window that does not convey the same visual appearance. Design for Missing Historic Features The following work is highlighted to indicate that it represents the particularly complex technical or design aspects of rehabilitation projects and should only be considered after the preservation concerns listed above have been addressed. recommended..... Designing and installing new windows when the historic windows (frames, sash and glazing) are completely missing. The replacement windows may be an accurate restoration using historical, pictorial, and physical documentation; or be a new design that is compatible with the window openings and the historic character of the building. o http://www.nps.gov/history/hps/tps/tax/rhb/windowsOI.htm 7/16/2008 The Secretary ofthe Interior's Standards tor Rehabilitation & Illustrated GUldelmes tor K... Page I ot :, .Technical Preserv . .. - - Building Exterior Entrances and Porches o dcntifylhI~rotC!Ct'l Repair I Replace I Missing Feature I Alterations/Additions o Entrances and porches are quite often the focus of historic buildings, particularly on primary elevations. Together with their functional and decorative features such as doors, steps, balustrades, pilasters, and entablatures, they can be extremely important in defining the overall character of a building. In many cases, porches were energy-saving devices, shading southern and western elevations. Usually Dramatic brick archway on early 20th century building: entrances and porches were integral components of a historic building's design; for example, porches on Greek Revival houses, with Doric or Ionic columns and pediments, echoed the architectural elements and features of the larger building. Central one-bay porches or arcaded porches are evident in Italianate style buildings of the 1860s. Doors of Renaissance Revival style buildings frequently supported entablatures or pediments. Porches were particularly prominent features of Eastlake and Stick Style . houses; porch posts, railings, and balusters were characterized by a massive and robust quality, with members turned on a lathe. Porches of bungalows of the early 20th century were characterized by tapered porch posts, exposed post and beams, and low pitched roofs with wide overhangs. Art Deco commercial buildings were entered through stylized glass and Row of distinctive wood porches. stainless steel doors. Entrances & Porches ....Identify, retain, and preserve .. o recom mended..... ,~_,.._.W.M' .,." ...... Identifying, retaining, and preserving entrances-- and their functional and decorative features--that are important in defining the overall historic http://www.nps.gov/history/hps/tps/tax/rhb/entranceOI.htm 7/1612008 . o o o The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines tor R... Page 3 of 5 Deteriorated porch resulting from inadequate maintenance requires repair. Entrances & Porches ....Repair .. recommended..... Repairing entrances and porches by reinforcing the historic materials. Repair will also generally include the limited replacement in kind--of with compatible substitute material- -of those extensively deteriorated or missing parts of repeated features where there are surviving prototypes such as balustrades, cornices, entablatures, columns, sidelights, and stairs. ~h'_~''''''''' Porches repaired and painted as part of the""""" rehabilitation work. not recommended..... ~ <<"'."M'~M.",^-n;*".N" Replacing an entire entrance or porch when the repair of materials and limited replacement of parts are appropriate. Using a substitute material for the replacement parts that does not convey the visual appearance of the surviving parts of the entrance and porch or that is physically or chemically incompatible. Entrances & Porches ....Replace .. recommended..... Replacing in kind and entire entrance or porch that is too deteriorated to repair--if the form and detailing are still evident-Musing the physical evidence as a model to reproduce the feature. If using the same kind of material is not technically or economically feasible, then a compatible substitute material may be considered. not recommended..... 'v_"",'k',^O<'___Y_'.'_C"" Removing an entrance or porch that is un repairable and not replacing it; or replacing it with a new entrance or porch that does not convey the same visual \ appearance. http://www.nps.gov/history/hps/tps/taxlrhb/entranceOI.htm 7/16/2008 The Secretary ofthe Interior's Standards tor Rehabilitation & Illustrated liUldelmes tor K... Page::> ot ::> o o o . . Home I Next I Previous httn:/ /www.nns.gov/historv/hps/tps/tax/rhb/entranceOI.htm . 7/1612008 The Secretary of the Interior's Standards for Rehabilitation & Illustrated GUIdelines tor K... Page '1. ot 4 Changing the storefront so that it appears residential rather than commercial in character. o o Removing historic material from the storefront to create a recessed arcade. Introducing coach lanterns, mansard designs, wood shakes, nonoperable shutters, and small-paned windows if they cannot be documented historically. Changing the location of a storefront's main entrance. Storefronts ....Protect and Maintain recommended..... Protecting and maintaining masonry, wood, and architectural metals which comprise storefronts through appropriate treatments such as cleaning, rust removal, limited paint removal, and reapplication of protective coating systems. Protecting storefronts against arson and vandalism before work begins by boarding up windows and installing alarm systems that are keyed into local protection agencies. Evaluating the overall condition of storefront materials to determine whether more than protection and maintenance are required, that is, if repairs to features will be necessary. .. Distinctive 19th century brick and wood storefront in good repair. not recommended..... _,-",^><".~:"o, Failing to provide adequate protection of materials on a cyclical basis so that deterioration of storefront features results. Permitting entry into the building through unsecured or broken windows and doors so that interior features and finishes are damaged through exposure to weather or through vandalism. Stripping storefront of historic material such as wood, cast iron, terra cotta, carrara glass, and brick. Failing to undertake adequate measures to assure the preservation of the historic storefront. Storefronts ....Repair o recommended..... .. Repairing storefronts by reinforcing the historic materials. http://www.nps.gov/history/hps/tps/tax/rhb/storeOI.htm 7/16/2008 I I .. The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for R... Page 4 of 4 o o o The following work is highlighted to indicate that it represents the particularly complex technical or design aspects of rehabilitation projects and should only be considered after the preservation concerns listed above have been addressed. recommended..... Designing and constructing a new storefront when the historic storefront is completely missing. It may be an accurate restoration using historical, pictorial, and physical documentation; or be a new design that is compatible with the size, scale, material, and color of the historic building. Compatible, contemporary storefront design replaced a later, non-significant storefront. not recommended..... ""'''---'...~""''*,-,,'~,, Creating a false historical appearance because the replaced storefront is based on insufficient historical, pictorial, and physical documentation. Introducing a new design that is incompatible in size, scale, material, and color. Using inappropriately scaled signs and logos or other types of signs that obscure, damage, or destroy remaining character-defining features of the historic building. . . Home I Next I Previous http://www.nps.gov/history/hps/tps/tax/rhb/storeOI.htm . 7/16/2008 The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines tor R... Page 2 of 6 Building Site ....Identify, retain, and preserve . recommended..... Site features may include circulation systems such as walks, paths, roads, or parking; vegetation such as trees, shrubs, fields, or herbaceous plant material; landforms such as terracing, berms or grading; and furnishings such as lights, fences, or benches; decorative elements such as sculpture, statuary or monuments; water features including fountains, streams, pools, or lakes; and subsurface archeological features which are important in defining the history of the site. Identifying, retaining, and preserving buildings and their features as well as features of the site that are important in defining its overall historic character. o ,*",'""", Distinctive historic urban residential site. Retaining the historic relationship between buildings and the landscape. not recommended...... ___=.<_"'~>',.w Removing or radically changing buildings and their features or site features which are important in defining the overall historic character of the property so that, as a result, the character is diminished. o Removing or relocating buildings or landscape features thus destroying the historic relationship between buildings and the landscape. Removing or relocating historic buildings on a site or in a complex of related historic structures--such as a mill complex or farm--thus diminishing the historic character of the site or complex. Moving buildings onto the site, thus creating a false historical appearance. Radically changing the grade on the property, or adjacent to a building. For example, changing the grade adjacent to a building to permit development of a formerly below- grade area that would drastically change the historic relationship of the building to its site. Important site features destroyed during rehabilitation. Building Site ....Protect and Maintain - o recommended..... Protecting and maintaining the building and building site by providing proper drainage to assure that water does not erode foundation walls; drain toward the building; nor damage or erode the landscape. http://www.nps.gov/history/hps/tps/tax/rhb/buildingOl.htm 7/16/2008 The Secretary of the Interior's Standards tor Rehabilitation & illustrated GUIdelmes tor K... Page) ot b model to guide the new work. This could include an entrance or porch, walkway, or fountain. If using the same kind of material is not technically or economically feasible, then a compatible substitute material may be considered. ... o o o Deteriorated limestone walkway to be replaced in kind. Replacing deteriorated or damaged landscape features in kind. not recommended..... ..+:-<-<-.-,,-..-----,,'''-~~ ^' Removing a feature of the building or site that unrepairable and not replacing it; or replacing it with a new feature that does not convey the same visual appearance. Adding conjectural landscape features to the site such as period reproduction lamps, fences, fountains, or vegetation that is historically inappropriate, thus creating a false sense of historic development. Design for Missing Historic Features The following work is highlighted to indicate that it represents the particularly complex technical or design aspects of rehabilitation projects and should only be considerec/ after the preservation concerns listed above have been addressed. recommended..... Designing and constructing a new feature of a building or site when the historic feature is completely missing, such as an outbuilding, terrace, or driveway. It may be based on historical, pictorial, and physical documentation; or be a new design that is compatible with the historic character of the building and site. not recommended..... _..,.~.,.^.".h Creating a false historical appearance because the replaced feature is based on insufficient historical, pictorial, and physical documentation. Introducing a new building or site feature that is out of scale or of an otherwise inappropriate design. Introducing a new landscape feature, including plant material. that is visually incompatible with the site, or that alters or destroys the historic site patterns or vistas. Alterations/Additions for the New Use The fol/owing work is highlighted to indicate that it represents the particularly http://www.nps.gov/history/hps/tps/tax/rhblbuildingOl.htm 7/1612008 The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines tor R... Page 6 of 6 ... o o o complex technical or design aspects of rehabilitation projects and should only be considered after the preservation concerns listed above have been addressed. . recommended..... Designing new onsite parking, loading docks, or ramps when required by the new use so that they are as unobtrusive as possible and assure the preservation of historic relationship between the building or buildings and the landscape. Designing new exterior additions to historic buildings or adjacent new construction which is compatible with the historic character of the site and which preserves the historic relationship between the building or buildings and the landscape. Removing non-significant buildings, additions, or site features which detract from the historic character of the site. Appropriate alteration of abandoned pier shed for new residential use that illustrates visual harmony with waterfront site. not recommended..... ""'___;""'0;~"."_""a""" Locating any new construction on the building site where important landscape features will be damaged or destroyed, for example, removing a lawn and walkway and installing a parking lot. Placing parking facilities directly adjacent to historic buildings where automobiles may cause damage to the buildings or to important landscape features. Introducing new construction onto the building site which is visually incompatible in terms of size, scale, design, materials, color, and texture; which destroys historic relationships on the site; or which damages or destroys important landscape features. Site inappropriately altered by large parking lot. Removing a building in a complex of buildings; or removing a building feature, or a landscape feature which is important in defining the historic character of the site. . I Home I Next I PrC:lvious . http://www.nps.gov/history/hps/tps/tax/rhb/buildingOl.htm 7/1612008 The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines tor R... Page 2 of 5 .. Destroying the relationship between the buildings and landscape features within the setting by widening existing streets, changing landscape materials or constructing inappropriately located new street or parking. . o o o Setting ....Protect and Maintain Removing or relocating historic buildings or landscape features. thus destroying their historic relationship within the setting. .. recommended..... Protecting and maintaining historic masonry, wood, architectural metals, stone, and plant features through appropriate treatments such as cleaning, rust removal, limited paint removal, and reapplication of protective coating systems; and pruning and vegetation management. Protecting building and landscape features such as lighting or trees, against arson and vandalism before rehabilitation works begins by erecting protective fencing and installing alarm systems that are keyed into local preservation agencies. Evaluating the overall condition of the building and landscape features to determine whether more than protection and maintenance are required, that is, if Cast iron furnishings from a 19th-century repairs to features will be catalog. necessary. not recommended..... -~~"'~~"'^"'<<"'~_. Failing to provide adequate protection of materials on a cyclical basis which results in the deterioration of building and landscape features. Permitting the building and setting to remain unprotected so that interior or exterior features are damaged. Stripping or removing features from buildings or the setting such as wood siding, iron fencing, terra cotta balusters, or plant material. Failing to undertake adequate measures to assure the protection of building and landscape features. Setting ....Repair recommended..... http://www.nps.gov/history/hps/tps/tax/rhb/settingOl.htm .. 7/16/2008 ~ II- o o o The :secretary 01 the Intenors ::stanaaras TOr KenaDllHanon elL 1llUSlraleu \JUlUellIle~ lOr K... rage'-t VI J , Design for Missing Historic Features The following work is highlighted to indicate that it represents the particularly complex technical or design aspects of rehabilitation projects and should only be considered after the preservation concerns listed above have been addressed. recommended..... Designing and constructing a new feature of the building or landscape when the historic feature is completely missing, such as row house steps, a porch, a streetlight, or a terrace. It may be a restoration based on documentary or physical evidence; or be a new design that is compatible with the historic character of the setting. not recommended.~.~. '" *"______,,,~'h.'~_.,~_. Creating a false historical appearance because the replaced feature is based on insufficient documentary or physical evidence. Introducing a new building or landscape feature that is out of scale or otherwise inappropriate to the setting's historic character, e.g., replacing picket fencing with chain link fencing. Alterations/Additions for the New Use The following work is highlighted to indicate that it represents the particularly complex technical or design aspects of rehabilitation projects and should only be considered after the preservation concerns listed above have been addressed. recommended..... Designing required new parking so that it is as unobtrusive as possible, thus minimizing the effect on the historic character of the setting. "Shared" parking should also be planned as that several businesses can utilize one parking area as opposed to introducing random, multiple lots. Designing and constructing new additions to historic buildings when required by the new use. New work should be compatible with the historic character of the setting in terms of size, scale design, material, color, and texture. Removing nonsignificant buildings, additions or landscape features which detract from the historic character of the setting. not recommended..... Placing parking facilities directly adjacent to historic buildings which cause damage to historic landscape features, including removal of plant material, relocation of paths and walkways, or blocking of alleys. Introducing new construction into historic districts that is visually incompatible or that destroys historic relationships within the setting. http://www.nps.gov/history/hps/tps/tax/rhb/scttingOl.htm 7/1612008