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1997-10-15
cONSENT AGENDA FOR APPROVAL: 5.1 Appropriation: Comprehensive Services Act (CSA). $462.593.80 ,Form #96086,. 5.2 Request to set a public hearing for November 5, 1997, on a Deed of Easement for the proposed natural gas lines to be installed in Greelzfields Court off Berkmar Drive in the Cotmty. 5.3 FY 1998 Virginia Juvenile Commtmity Crime Control Act (VICCCA) State Plan and Resolution. 5.4 Agreement with Cornerstone Corporation, owner/manager of the Trophy Chase Apartment complex on Peyton Drive for use of an apartment as an office by the Albemarle County Police. 5.5 Agreement with Odd Felloxvs organization for use of W. D. Ward Center in Esmont as a satellite office by the Albemarle County Police Department. FOR INFORMATION: 5.6 Copy of minutes of Planning Commission meet/rig of September 30. 1997. 5.7 Copy of amendment to the roadway and track values for CSX Transportation_ Inc., for tax year 1997. 5.8 Copy of minutes of the Albemarle-Charlottesville Regional Jail Authority board meeting of August 14, 1997. 5.9 Copy of Statement showing the Equalized Assessed Value as of the beginning of the First Day of January, 1997, of the Property of Water Corporations in the Commonwealth of Virginia and the State Taxes Extended for the Year 1997, as made by the State Corporation Commission of Virginia, on File in the Clerk's office). 5.I0 Copy of Statement showing fire Equalized Assessed Value as of the beginning of the First Day of January, 1997, of the Property of Electric Light and Power Corporations in the Commonwealth of Virginia and the State Taxes Extended for the Year I997, as made by the State Corporation Commission of Virginia (on file in the Clerk's office). 5.11 Copy of Statement showing the Equalized Assessed Value as of the beginning of the First Day of January, 1997, of the Property of Gas and Pipeline Distribution Corporations in the Commonwealth of Virginia and the State Taxes Extended for the Year 1997, as made by the State Corporation Commission of Virginia (on file in the Clerk's office). 5.I2 Copy of Statement showing the Equalized Assessed Value as of the beginning of the First Day of January, 1997, of the Property of Telecommunications Companies ¢local exchange telephone sendces. interexchange services, radio common carrier systems, cellular mobile radio communications systems and telegraph services) in the Commomvealth of Virginia and the Regulatory Revenue Taxes Exzended for the Year 1997, as made by the State Corporation Commission of Virginia (on file in the Clerk's office). 5.13 Copy of the Albemarle County Service Authority's Comprehensive Annual Financial Report for the fiscal year ended June 30, 1997. FINAl. 7:00. P.M OC fOBER i5. 1997 ROOM 241. COUNTY OFFI(:E BL:II.DING 2. 3. 4. 5. 6. 10. I1. 12. 13. 14. t5. Call to Order. Pledge of Allegiance. Moment of Silence. Other Matters Not Listed on the Agenda from the PUBLIC. Consent Agenda (on next sheet). SP-97-30. U.S. Cellular Tower Ivy) (Sign #6%. ~ ...... ~ ..... ' (Appli 8 ...........~ cant requests deferral until November 5. 1997.) SP-97-1 I. Panorama Trails. Inc. (Signs #88&89). '*~°~8"~ ................. s-~,, =~ area.) (Applicant requests indefinite deferral. SP-97-03. Virginia Land Trust Sign # 32L Public hearing on a request to establish chttrch on approx 5.22 acs. Znd RA, Located on E side of Rt 29N. approx 1.5 mi N of Proffit Rd. TM32,P22K. Lot A. Rivmma Dist. (This property is Neighborhood Density Residential 3-6 du/acL SP-97-46. Virginia Land Trust Korean Commmritv Church. Flooding Crossing (Sign #75L Public hearing on request to cross flood plain [30.3.6] on approx 5.22 acs. Znd RA & Flood Hazard Overlay Dist. Located in Hollymead Commtmity on E sd of Rt 29N approx 1.5 mi N of Proffit Rd. TM32.P22K, Lot A~ (This petition was filed concttrrently w/SP-97-03, a request to allow construction of 7.500 sq ft church I10.2.2.35] on same parcel. Riva~na Dist. SP-97-036. First Citizens Bank Sign #85&86 ~. Public Hearing on a request to construct 2.930 sq fr bldg w/assoc three drive-thru lanes_ an ATM & parking on 1.349 acs. Znd HC. Located on SXN corner of Rt 29 N & Timberwood Blvd inter. TM46B4.P1 part of). Rivanna Dist. (Property reconmxended for Community Service in Hollymead Commmtity.) ZMA-97-04. Daniel Bieker (Sign #94L Public Hearing on a request to rezone 5.0 acs from RA to R- 6 w/proffers. TM79.P25A, Located on Ashton Rd in Rivarma Village. RA zoning carries density of 0.5 dwac: proposed zoning allows 6 du/ac. Proffered rezoning would result in density of 4.8 dWac & the Cotmty's Land Use Plan shows a neighborhood residential density of 3 to 6 dwac. Rivanna Dist, Other Matters not Listed on the Agenda from rite BOARD. Executive Session: Legal Matters, Certify Executive Session. Adioum. IlT YOURSELF TO GREAT FILMS FALL. USE mis OUIDE ro YOUR ESC4P . 4. Ticket Prices. Rsau~n FIL~ TICR~ are $6:$5 for senior citizens 65 and older children ruder ~elve. and students with I.D. ~ckets for special events vnFv in price and are rated on the order form. Please choose core- four program. o dMly grids nm:.,:,:: THOROUGHLY BEFORE YOU ORDER. "' · " .":.'..Ir S30. a sav- ,flictieg eveats. :~ " '~ '. ........ . ...... :.~* of $6. This dis- ut the ttcaat on , "': ','O~OBER'30,:$:.30 7;15, PM BllYLYARTMUSEDM.:'A,.DMI. S,~.';S35 : ' .untdeesno .... , . .Cmne &'Yd ~, wtth Festival:'guest stars at the party'llmt;l 'mitm~es lhe' : :ppiy tn special ' Calbreth~ , Festiv, l,~ea..ch,ye~,.~,..~a~,ar.the delicious hors d, oeuwes~anfl, exper~r~.tle,, . creels. on the UVA :" edged, brt ~,s~. y',s'.'~'mL,/~ A Hdy, Experimeh['by"media~",staffation ~!st _ y '. ..,'.Beth B,), ~.fore~mtofourdaysofe~flessnmveg~,ng. ',.. · ~,~ All , I ' ' 'NOV~EMBER'J, ~UUPM~MIDNIGHT. ADMISSION: ~3ll . ~. ::. ~ wo#h or rrive at one "C,e~lt~ 'the b~:Of nn rerefully. '. New Mill~m S!~s ~th T~,.a~l gq,lm Rdil. e,~. otl~r:geest, star..s, ~ , ~ckets fur all screenings will be at the Festival's Main Box Office in the Culbreth Theatre until the day nf the screening, when gckets ,,ill be at the Box Office of the theater holding the screening· For example, on Friday October 3L tickets for all the Friday Regal screenings will be available only at the RegaI Box Office· while gckets for all the Saturday and SundRy Regal screenings will be at the Culbreth Box Office· ~s~,~ ~ eec~ screening v~ll ~ngin approxi- mately thirty minutes before the screening time. Seating is general admission, so come early for best selection. Note that some seats may be reserved for special guests of the Festival. Please respect these designat. UNCLAIMEa TIO~¥S (if any) set aside for Festival guests will be offered for sale to the general public 10 minutes before each screening. If a screee~ icg i~ sold oat. come wait in line and take your chances. ADMISSION TO THE THEATERS may be restricted a~ter the film has begun· Please arrive eerl~ EEt!~VEEN SCREENINGS, each theater must be completely cleared of patrons. ~ e~Kt~G: Parking un the University of Virginia Grounds is extremely limited. Make it easy on yourself: park in down- town Charlottesville and ride the free Festival shuttle buses. Parking in the Water Street Parking Garage and the adjacent lot will be halt-price wbe~ you present your Festival ticket stub· sHunzEs: Two free sbu#les run continuously ~etweee the three theatres, making complete circuits P~soner AH: Independent Shorts Two Sma# Bodies VT2 $6~00/$$.~_ Cool ga~d Luke RT2 $6.0~/$$.~ A Cteckwork Orange CF2 $6~00/$5.~ ~htr~e CF$ Every Little Thing VFI Prisoners of the Media: ¥F2 Indepea~ Shorts Comical Cons V~3 : $6.~0/$5~ The Kaepa VH $6.00/$5.~ b?tes/Un Chant D'Amour ¥F5 $6~80/$5.~_ t Am a Fugitive RE! ~.00/S5.~ From a ~n G~ I let~in ~ ~t R~ Pu~c H~ ~3 $6.00/$5.~ I P~sseC~(Spm)~r~4 510 I Kin~ofHe~(H~) ~5 THA ¢$t S6.00/S5.~ Woco: ~e Rules of Engagement ~2 $6.00/$5.~ ~ ~,~,~ ~ Z~y ~ cs~ $~.0o/$~.~ Wiodhorse C54 $25 and early rec~len Mnld WNIOT~IIA e.,qdleP~ ' 13£~f-l. g6-t.O# ilO.? 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Oao~ u!aq~ o su~ ao~uaT ,LuaH ,~aN INI V 'Ppo~ aql) ~ COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: Robert W. Tucker, Jr., County Executive V. Wayne Cilimberg, Director Planning and Community Development Ella W. Carey, CMC, Clerk~,O~/' October 20. 1997 Board Actions of October 15. 1997 At its meeting on October 15, 1997, the Board of Supervisors took the following actions: Agenda Item No. 1. The meeting was called to order at 7:00 p.m., by the Chairman. Item No. 5.1, Appropriation: Comprehensive Services Act (CSA), $462.593.80 [Form #96086). APPROVED. Item No. 5.2. Request to set a public hearing for November 5. 1997. on a Deed of Easement for the proposed natural gas lines to be installed in Greenfields Court off Berkmar Drive in the County. PUBLIC HEARING SET FOR NOVEMBER 5, 1997, AT 11:00 A.M. Item No. 5.3. FY 1998 Virginia Juvenile Commtmity Crime Control Act (VICCCA) State Plan and Resolution. APPROVED. Item No. 5.4. Agreement with Cornerstone Corporation, owner/manager of the Trophy Chase Apartment complex on Peyton Drive for use of an apartment as an office by the Albemarle County Police. APPROVED. Item No. 5.5. Agreement with Odd Fellows organization for use of W. D. Ward Center in Esmont as a satellite office by the Albemarle County Police Department. Agenda Item No. 6. SP-97-30. U.S. Cellular Tower (Ivy) (Sign #69). DEFERRED SP-97-30 UNTIL NOVEMBER 5, 1997. Memo To: Robert W. Tucker, Jr. V. Wayne Cilimberg October 20, 1997 Page: 2 Agenda Item No. 7. SP-97-11. Panorama Trails, Inc. (Signs #88&89). DEFERRED SP-97-11 UNTIL FEBRUARY 11, 1998. Agenda Item No. 8. SP-97-03. Virginia Land Trust (Sign # 32). Public hearing on a request to establish church on approx 5.22 acs. Znd RA. Located on E side of Rt 29N, approx 1.5 mi N of Proffit Rd. TM32,P22K, Lot A. Rivanna Dist. (This property is Neighborhood Density Residential (3-6 du/ac). APPROVED SP-97-03 SUBJECT TO THE FOLLOWING CONDITIONS: The Korean Community Church shall be operated in accordance with the description provided with the application submitted for SP-97-03, included herein as Attachment C (copy attached). Changes to this plan of operation may require an amendment to this special use permit; At the time of site development, the applicant shall comply with all requirements of the Virginia Department of Transportation regarding relocation of the access road. furttishing signal components for the eastern side of the intersection shared by the research park, installation of a turn and taper lane along Route 29, and other requirements described in correspondence from VDOT dated August 1, 1997 and February 10, 1997, and included herein as Attachments E and F (copies attached); At the time of issuance of a building permit, determination of the availability of public water and sewer shall be ~ade by the Director of Planning and Community Development. If water and sewer are deteru~ined to be reasonably available, the church shall be required to com~ect to these utilities; The final site plan shall include a greenway dedication of one hundred (100) feet minimum or that area necessary for the establishment of the trail; The use, structure or activity for which this permit is issued shall commence within five (5) years from the date this permit is issued. The term "commenced" shall mean commencement of any structure necessary for the useof the permit or the issuance of a VDOT entrance permit; The site construction is not to disturb the natural water quality buffer of stream and river valley wooded slopes; and At the time of site plan submittal, the applicm~t shall work with the Engineering Department and Water Resources Manager to locate the road access out of the critical slopes, to the extent practical, and shall incorporate a stormwater management plan that addresses water quality issues as well as water quantity. Agenda Item No. 9. SP-97-46. Virginia Land Trust (Korean Community Church) Flooding Crossing (Sign #75). Public hearing on request to cross flood plain [30.3.6] on approx 5.22 acs. Znd RA & Flood Hazard Overlay Dist. Located in Hollymead Community on E sd of Rt 29N approx 1.5 mi N of Proffit Rd. TM32,P22K, Lot A. (This petition was filed Memo To: Robert W. Tucker, Jr. V. Wayne Cilimberg October 20. 1997 Page: 3 concurrently w/SP-97-03, a request to allow construction of 7,500 sq ft church [10.2.2.35] on same parcel. Rivanna Dist. APPROVED SP-97-46 SUBJECT TO THE FOLLOWING CONDITIONS: Grading within the flood plain shall occur only in association with relocation of the entrance road from Route 29, and such grading shall comply with all requirements set forth in the August 1, 1997 memorandum from the Department of Engineering, included herein as Attachment I (copy attached); and The use, structure or activity for which this permit is issued shall commence within five years from the date this permit is issued. The term "commenced" shall mean commencement of any structttre necessary for the use of the permit or the issuance of a VDOT entrance permit_ Agenda Item No. 10. SP-97-036. First Citizens Bank (Sign #85&86). Public Hearing on a request [to construct 2,930 sq ft bldg w/assoc three drive-thru lanes, an ATM & parldng on 1.349 acs. Znd HC. Located on SW coruer of Rt 29 N & Timberwood Blvd inter. TM46Bd.Pl(part of). Rivanna Dist. (Property recommended for Community Service in Hollymead Community.) APPROVED SP-97-036 SUBJECT TO THE FOLLOWING CONDITION: Drive-through windows will be limited to four Agenda Item No. 11. ZMA-97-04. Daniel Bieker (Sign #94). Public Hearing on a request to rezone 5.0 acs from RA to R-6 w/proffers. TM79,P25A. Located on Ashton Rd in Rivanna Village. RA zoning carries density of 0.5 du/ac; proposed zoning allows 6 du/ac. Proffered rezonlng would result in density of 4.8 du/ac & the County's Lmtd Use Plan shows a neighborhood residential density of 3 to 6 du/ac. Rivanna Dist. APPROVED ZMA-97-04 AS PROFFERED AND SET OUT ON THE ATTACHED PROFFER FORM DATED OCTOBER 15, 1997. AND SIGNED BY DANIEL BIEKER ON THAT SAME DATE. Agenda Item No. 12. Other Matters not Listed on the Agenda from the BOARD. AUTHORIZED the County Executive to enter into an agreement with the Citv of Charlottesville to share in the funding of the ECC building construction on a 50:50 basis. CONSENSUS of the Board to change the Christmas holiday schednle for employees from Wednesday, December 24th m~d Thursday, December 25th, to Thursday, December 25th and Friday, December 26th. Mr. Martin commented that some trash haulers will probably be coming before the Board on November 5th. It seems that the trash haulers and people with large dump trucks Memo To: Robert W. Tucker, Jr. V. Wa)me Cilimberg October 20, 1997 Page: 4 are having a difficnit time trying to find a place to park their trucks. He thinks there should be a way the County could allow, under stringent conditions, parking of these type vehicles in the rural areas if they are completely obstructed from view. Some consideration would have to be given to noise and distance from other homes. He wanted to give staff some time to get some thoughts together on the issue before the presentation is made to the Board. Mrs. Thomas expressed concern about the existing trees that are required to be maintained on a site during construction. It appears that at the construction site on Old Ivy Road and Route 250 many of the trees have died. She asked what the County is doing to insure the tree are protected. Mr. Tucker said he did not know if tire Cotmty had any regulations or standards to be used by a developer to protect trees. He will look into this. Agenda Item No. 13. Executive Session: Legal Matters. At 8:10 p.m., motion was offered by Mr. Bowerman, seconded by Mrs. Thomas, that the Board go into went into Executive Session pursuant to Section 2.1-344(A) of the Code of Virginia under subsection (7)to consult with legal cotmsel and staff a legal matter regarding a consultant. Agenda Item Noi 14. Certify Executive Session. At 8:30 p.m., the Board reconvened into open session and certified the executive session. Agenda Item No. 15. Adjourn. The Board then adjourned to October 28, 1997, 5:30 p.m., for a loint meeting with Charlottesville City Council at the Juvenile Court Building, to discuss the juvenile detention fadlity. /ewe Attachments (8) cc: Richard E. Huff, II Roxanne White Kevin C. Castner Larry Davis Amelia McCulley Bi/l Mawyer Bruce Woodzdl Richard Wood Jan Sprinlde Yadira Amarante ]File CHARLES WILLIAM HURT, M.D. VIRGINIA ~.Ne:) COMPANY BUiLDiNG July 10, 1997 Ms. Susan Thomas Albemarle County Department of Plarming and Community Development 401 Mclntire Rd. Charlottesville, Va. 22902-4035 Re: SP 97-03 Virginia Land Trust Dear Susan: In response to your letter dated June 23, 1997, [ am enclosing a sketch of a possible site plan that shows the size and location of a proposed building, location of parking, septic field l~)cat/on and the location of the existing and future access easement for the property. The current size of the congregation is 100 to 125 people. The hours of the church are 6 AM to 2 PM on Sunday and occasionally 7 PM to 9 PM on Sunday and Wednesday evening. There is no intended use.of this building for day care or schooling. Dr. Hurt will grant and record the new access easement location when the special use permit is granted for the church. We have submitted a letter from Steve Gooch of Earth Tech, representing that the soils in this area are suitable for a septic riel& We are requesting the rive year special use permit to provide the church the necessary, t/me after they have purchased the property to rinse the funds tO pay for the site improvements and building cost. We are also requesting the ability to do the work in the flood plain that is necessary to move the existing entrance to the future location to meet the alignment requirements for the UREF entrance as requested by VDOT. This entrance will eventually serve as access to the property owned by Towers Land Trust. The reason for the current applicat/on is the Church's concern is that the county will permit them to construct the church on this site before they purchase the land. Respectfully, !t t .// - Katurah S. Roe[l -n "o S51'57'21"E ~' 600.57' I ATTACHMENT D ~° DESCRIPTION OF t~ql~.ST: (Ple~e m~h ~ldkional in~orn!,ttion ~ needed) OFFICE USE ONLY ['~ I, mt~ of. Authorizau~n D~_SCRIPTION OF'REQ ~1~..:, (Please attach additional information i i i ,iUSTI~CATION: (Please allah addition~t igormation ~ n~l~d) · :O'~'I~ICE:gSE ONLY DAVID R. GEHR COMMISStONER COMMONWEALTH o[ VIRQINIA - - DEPARTMENT OF TRANSPORTATION 701 VDOT WAY CHARLOTTESVILLE 22911 A. G. TUCKER RESIDENT ENGINEER February 10, 1997 March 1997 Public Hearings Albemarle County Mr Ronald S. Keeler Depz. of Planning & Community Development 401 McIn~ire Road Charlottesville, VA. 22902 Dear Mr. Keeler: Please find our comments listed below for March Public Hearing Submittals. SP-97-~t The Frost Montessori School, Route 20 N. The entrances and existing right turn lane into Broadus Memorial Baptist Church should be adequate for up co 18 children over a two year period. Should the center grow in numbers of students, we may need co look az lmpac5 co Route 20 and possible left turn lane requirements. SP-97-02 Mt. Ararat Lodqe, Route 7~5 A commercial entrance with adequate sight distance of 450 feet in each direction will be required. There may need co be a sight easement or dedication of a 25 foot strip for right of way, which would be preferable across the frontage. SP-97-03 Virqinla Land Trust, Route 29 The information available does not,reveal s~ze of congregation and what usage will be in educational building. Is this intended co serve as a Day Care Center as well? The site may be impacted by possible Route 29 widening or more so with potential interchange zo serve UREF sight along with long range development on the east side of Route 29. There should be a proffer available for cosz share of signal installation on the ease side, should there be a signal installed to serve the UREF site. TRANSPORTATION FOR THE 21ST CENTURY Mr. ~onald S. Keeler March Puklic Hearings Page 2 February 10, 1997 A minimum of a commercial entrance will be required as it exists currently, along with a turn and taper lane. Depending upon usage of existing parcels along with long range planning, the 50' and 30' access easements may not be adequate. If you have any questions, please advise before releasing to the developer. Yours truly, / H. W.'M 1 Assistanu Resident Engineer HWM~ ldw cc: Irma vonKutzleben J. H. Kesterson DAVID R. GEHR COMMISSIONER CO3 3'fOX ¥3 P. LTH of Vr/R( J N A DEPARTMENT OF TRANSPORTATION 701 VOOT WAY 3HARLOTTESVILLE. 22911 August 1, 1997 I ATTACHMENT F1 A. G. TUCKER RESIDENT ENGINEER Virginza Land Trust SP-97-03 Ms. Susan Thomas Dept. of Planning & Communluy Development 401 McIntire Road Charlottesville, VA. 22902 Dear Ms. Thomas: This site may be impacted by possible Route 29 widening or more so with potential interchange to serve UREF site and the long range plan for development of East side of Route 29. In a shorter time frame period, a traffic smgnal will be provided by UREF for their development and when this occurs the user of the entrance on the East side of Route 29 will be required to fur~ish signal components for their side. This can possibly be cost shared with UREF, depending how the cwo sites develop and when the szgnal is warranted. A mlnzmum 100 foot caper and 100 foot turn lane should be installed along NBL Route 29, and this to be extended if there is additional development or usage of proper~y. If there are any further questions or concerns, please contact this office. Sincerely, "H. W. Mills Assistant Resident Engineer HWM. ldw TRANSPORTATION FOR THE 21ST CENTURY COUNTY OF ALBEMARLE Department of Engineering & Public Works MEMORANDUM TO: FROM: DATE: RE: Susan Thomas, Senior Planner Glenn E. Brooks, Senior Engineer 1 August 1997 Korean Church (Virginia Land Trust) The sketch plan and special use permit application received on 18 July 1997 has been reviewed. This application is for the church use as well as for access road fill in the floodplain of Flat Branch near its confluence with the North Fork Rivanna River. There. is an existing crossing of Flat Branch as shown on the applicant's sketch plan, with a 48" diameter corrugated metal pipe culvert in fair condition. The existing access road fill is not wide enough to accommodate a road under current private or public read standards, nor the commercial travelway standards of the Zoning Ordinance. Steep wooded river valley slopes surround the proposed site. The sketch plan indicates that the intent is not to disturb these slopes· The floodplain level in this area appears to be dictated by the North Fork Rivarma River downstream, rather than the Flat Branch tributary. Thus, relocating and increasing the amount of fill for the access road crossing should not significantly affect flood levels. The water level downstream of the culvert and access read fill will continue to be dictated by the water level in the North Fork Rivarma River. Upstream of the culvert, in the worst case, water levels will increase above downstream levels enough to push the Flat Branch flow through the submerged culvert. It is recommended a wide enough crossing of the Flat Branch be provided to accommodate any future development of the property beyond the proposed church property, especially if multiple exit lanes are anticipated at the entrance. A left turning lane may be required within the median on Rt. 29. This can be resolved with the site plan for the church. The University Real Estate Foundation will be installing an entrance at the median break across R~t. 29 and a traffic signal for their North Fork Research Park. Additional signal faces and phases will be required for the church. The Engineering Department recommends approval of the special use permks provided that the following conditions are met: The entrance and Flat Branch crossing are aligned with the North Fork Research Park entrance across Rt. 29, with appropriate signal and turn lane improvements to be incorporated with the improvements provided by the University Real Estate Foundation. 2. The Flat Branch crossing is to be used for the remainder of the property (T.M. 32-22K). The site construction is not to disturb the natural water quality buffer of stream and river valley wooded slopes. Page 2 Memorandum: Korean Church. Virginia Land Trust I August 1997 The site plan for the church and access road will be subject to Engineering Department review of all relevant ordinance requirements. Please contact me at your earliest convenience i f you have questions or require additional information. GEB/ctj Copy: SP-97-03 File: glenn\komchur.sp I Odginal Proffer Amended Proffer ( Amendment # ) PROFFER FORM Date: October 15, 1997 ZMA# 97-04 Tax Map Pamel(s) 79-25A 5.00 Acres to be rezoned from ILA to R-6 Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that (1) the rezoning itself gives dse to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested. The location of the private roads, the 24 single family attached units in twelve structures, and the common space shall be in general accord with that shown on the Proffered Conceptual Plan for Ashton Woods dated July 2. 1997 and revised August 6, 1997 (the "conceptual plan"). The uses permitted shall be limited to those pemtitted by sections 16.2.1.2 (a maximum of 24 single family attached traits in twelve structures only), 16.2. I. 11, l 6.2. t. 13 and 16.2.1.14 of the Albemarle County Zoning Ordinance, as such was in effect on October 15, 1997. The owner shall establish a homeowners' association which shall Operate pursuant to a declaration of conditions, covenants and restrictions. At a minimum, the homeowners' association shall be authorized to maintain the private roads, common space and parking areas as provided in proffer number 4, to maintain the paths identified in proffer number 5, to enforce the covenants, conditions or restrictions identified in proffer numbers 7 and 8, and to maintain and restore the buffer as provided in proffer number 9. All private roads and parking areas shall be constructed by the owner. All private roads. common space and parking areas shall be maintained by the owner until ownership and the responsibility for maintenance is conveyed to a homeowners' association. A path, the location of Which shall be substantially in accord with that shown on the conceptual plan, shall be installed. In addition: (a) from the north side of the private road opposite the path's terminus at the private road as shown on the conceptual plan, a path shall be installed through the common space to the property line abutting the East Rivanna Fire Station property; (b) from the southern terminus of the path at the private road as shown on the conceptual plan, a path shall be installed parallel to the private road to Olenmore Way. Paths shall be for the benefit of Ashton Woods residents. ~ot~O flY JO ~umi'q s.mmO 11¥ jo 'UO!g~p~o0o~ S,UO.~X~IOOp O~ O* so.ud !uotu~doo at0 Xq pono~dde ptm po~!tuqns aq II~qs uo.tl~Zloop oqJ, 'saaJJozd asoq~ q:Ltnx ootm!ldmoo zoj atto. nm ~o~ ~uamdolono0 Al!unurtuoD ptm ~Sm. mmld jo ,uotu~dacl OlX~tuoqiV oq~ o, uo!,~!ooss~ .ssaunxoamoq otB Jo suo!,o.~sa~ ptm suo!,!puoo 's~treuoaoo jo uo!,m~ioap otb Lttuqns II~qS aaunto oqj. -uognliod lq~[i ptm oa~i~ ~z.rm.m!m ol ~ommm ~ u! poplo.tqs *q 'sum~ ~u.p4aud m. prm 'oo~ds uommoo oql u! 'sl.mn ~u!IIo~xp uo smmx[t osoql ol pol!m!I ltou lnq ~u!pnIou! 'sa~nlxB i]u!lq~.q xo.uolxo Il~ l~ql o:q. nbm IlUqs uo¢u!oossu ,sJountoamoq otll jo suoBo.~m ptm suoB!puoo 'sltmuonoo jo uo!lmulo*p OtkL '0I '6 '8 .£ · puno~opun oq Il~qs so.tl!IBn IIV '9 BOARD OF SUPERVISORS COUNTY OF ALBEMARLE EXECUTIVE SUMMARY RcvD AGENDA TITLE: Appropriation - Comprehensive Services Act (CSA) SUBJECT/PROPOSAL/REQUEST: Request approval of Appropriation #96086 in the amount of $462,593.80 to fund FY96/97 shortfall in CSA mandated services. STAFF CONTACT~): Messrs. Tucker, White AGENDA DATE: October 15, 1997 ACTION: CONSENTAGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: ½, BACKGROUND: The Comprehensive Service Act (CSA), established by the General Assembly in 1992, provides a pool of funds to localities to purchase services for at risk or troubled children and families. These mandatory services require a 45% local match and ara overseen by the Community Policy and Management Team (CPMT). The increasing number of children requiring special education, specialized foster care and court services, has resulted in a FY96/97 shortfall of $402,593,80, of which $207,897.53 is required local match. DISCUSSION: T.he~4nitial FY96/97 CSA pool allocation of $1,262,199 consisted of $592,694 in state funds and $578,505 in local d~)lla~'s funded through the School Division and the Department of Social Services operating budgets. Projecting that the cost of FY96/97 mandated services would far exceed this initial pool allocation, the state supplemented the County's pool funds in June by $336,292, 45% of which requires a local match of $150,154. In addition to the supplemental local match for services, a shortfall of $57, 743.53 occurred in FY96/97 due to some delayed FY95/96 expenditures that were carried over and paid out of FY96/97 funds. Final expenditures for FY97 totaled $1,724,792.80, a shortfall of $462,593.80. Of this shortfall, the state wilt contribute $237,798.15, the FY95/96 fund balance $16,898.12 and the required local match of $207,897.53. These mandated costs have been incurred despite the aggressive cost containment strategies implemented by the CPMT. Diligent pursuit of Medicaid and other federal funding, parental support and SSI for foster children has increased and the Albemarle DSS has been a leader in the state in establishing eligibility for foster children in federal categones, receiwng reimbursement for about 67% of the caseload in federal funds compared to 45% statewide. DSS has also pursued Independent Living funding and Family Preservation funding which have a much lower match rate [20%) to offset the costs of these children and families. This year the CPMT conducted a comprehensive study of all foster care prevention cases served in fiscal year 1996 to determine appropriateness of "mandate" classification and degree of success of services provided. The results confirmed that cases so designated were consistently classified appropriately and that success in preventing foster care or court placement was achieved in 75% of the cases. A 1995 study found that of 61 children placed in preventive foster care 53 did not come into future care under either DSS or the Court. Factors contributing to the increased requirement for funds include: A 39% increase in the number of mandatory children served with CSA funds as of June 1997 compared with FY 96; Since FY 94. the total number of children in foster care has increased over 75% (from an average of 40 children in care to an average of 70+ children in care); The percentage of children entering care with significant emotional and behavioral problems which require specialized placement has grown steadily (32% in FY 94. 55% Jn FY 95. 74% in FY 96 and 69% as of May 1997; The cost of a specialized placement per child is over $30,0000~r; Temporary care for seriously emotionally disturbed children with a history of aggressiveness, chronic runaway behavior and/er suicidal behavior can cost as much as $300+ per day to maintain in a secure setting in order to stabilize them enough to transition to a less restrictive and less costly setting. A 94% increase in the number of preventive foster care cases, particularly court referred youth. These funds are used to provide community based and residential services in order to keep a child from going into foster ~are. A 211% increase in the expenditures for court referred children over FY95/96. The attached charts show the rising number of children in foster care since 1992. Charts 1 and 2 show the rate of growth in the number of new foster care cases and the number of new cases that require some form of specialized placement. Charts 3 and 4 show the percent of new foster care cases needing specialized placement that has grown from 32% in 1994 to 81% in 1997 and the trend over the past two years. Compared to other localities across the state, Albemarle has been relatively fortunate not to have incurred a CSA shortfall up to this time considering the dsing number of children requiring placement, as well as the increasing sevedty of emotional problems these children bring with them. Funding the escalating costs of mandated CSA services is a statewide problem and one that all the local agencies, i.e. social services, court services, Region Ten and education continually strive to address by providing lower cost community based alternatives to foster care and out of area placements. The appropriation form funds $462,593.80 in expenditures over the initial budgeted amount of $1,262,199. Of this over expenditure, the state will pay $237,798.15, FY95/96 can3/-over funds will fund $16,898 and $207,897.53 must be allocated from local funds. RECOMMENDATION: Staff recommends approval of Appropriation # 96086 in the amount of $462,593.80 using $207. 897.53 in local funds from the General Fund fund balance. The Department of Social Services returned approximately $130.000 after reappropdations to the fund balance, $113,000 of which was a one-time windfall from the state reflecting two years past due money owed Albemarle County for FY95 and FY96 overhead i.e. heat, IS support, payroll, accounting, etc. 97.200 New Foster Care Cases (Chart 50 IO 1992 1993 1994 1995 Fiscal Year 1996 1997 New Cases Requiring Specialized 30.[' 25-i> 20-if I (1 Placement (Chart #2) 1994 1995 1996 1997 Fiscal Year ~ New Cases [] Specialized Placement % of New Foster Care Cases Requiring Specialized Placement (Chart #3) Specialized and Residential Care Cases Over the Last 24 Months (Chart #4) 100 ~ 75 ~ 50 25 0 t994 1995 [996 I997 Fiscal Year so,.-- 3o' i 15 ': [0- 0 6 12 18 24 Month B ARD OF SUPERVISORS COUNTY OF ALBEMARLE '0-09-97P02 :J1 RCVD EXECUTIVE SUMMARY AGENDA TITLE: Request to Advertise for a Public Hearing [or Approval of Gas Line Easement SUBJECT/PROPOSAL/REQUEST: Request to advertise for a public headng for approval of Deed of Easement for proposed natural gas lines to be installed in Gmenfields Court off Berkmar Drive in the County. STAFF CONTACT{Si: Messrs. Tucker, Huff, Maw/er. Davis. Trank AGENDA DATE: Octoher15,1997 AC~ON: CONSENT AGENDA: AC~O~ X ATTACHMENTS: RENEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: Yes BACKGROUND: Sec'don 15.1-262 of the State Code requires ~he Board of Supervisors to hold a public hearing prior to conveying any interest Jn County-owned pmperbj, including easements, The Cit~ of Charlottesville's Gas Division has requested an easement for the proposed natural gas Jines to be installed in Greenfields Court off Berkmar Drive, The Engineering and Public Works Department has reviewed the Deed of Easement provided by the City and has approved the location of the gas lines. RECOMMENDATION: Staff recommends that a public hearing be set for November 5, 1997 to consider granting the requested easement to the City Gas Division. 97.199 COUNTY OF ALBEMARL oF sij? P,v[so s EXECUTIVE SUMMARY AGENDA TITLE: FY98 VJCCCA State Plan and Resolution SUBJECT/PROPOSAL/REQUEST: Request approval of FY98 VJCCCA Plan and Resolution STAFF CONTACT(S): Tucker, White AGENDA DATE: ITEM NUMBER: October 15.1998 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Y~ ~ . REVIEWED BY: ,/~7/urjf r / BACKGROUND: The 1995 Virginia Juvenile Communi~j Crime Control Act (VJCCCA) changed the manner in which Department of Juveni{e Justice (D J J) funds were distributed to the localities to serve youth who come before the Juvenile and Domestic Relations Couds. Under a state formula that initially measured FY93 ChildCare Days, Albemarle County was able to receive $185,560 in FY97 and will receive $202,444 in FY98. In order to access these funds, each locality, or combination of lecalities, must develop an annual plan to show how funds will be spent to serve this population. To receive funding, localities must submit a biennial plan to DJJ along with a resolution. DISCUSSION: The revised FY98 plan being submitted to the Department of Juvenile Justice allocates the County's $202,444 across severat programs, some of which have been in place and some of which are new programs. The plan also uses $63,915 in unspent FY96/97 funds that the state will allow us to carry forward for FY98 expenditures. The plan proposes the following allocation of funds among the various juvenile justice programs in the community: the Curfew Center program for emergency intake and crisis intervention; the Fimt time Offender Project. which targets and diverts tirst time offenders; the Intensive Probation Program which provides a Probation Officer to perform intensive supervision for high riskjuvenite offenders; the VJCCCA Coordinator position and office to oversee and implement the Juvenile Court Assessment Center; the Electronic Monitoring Program: and Project SOAR, an intensive counseling program to prevent juvenile delinquency. The development of this plan has been a collaborative effort among the City of Charlottesville. the County of Albemarle. the Court Service Unit, Community Attention and the CACY Commission. Although no additional local funding is required, the County must continue its 1995 maintenance of effort in the amount of $63,915, which is the County's local contribution to Community Attention. The purpose of the plan is to establish a balanced community-based system of sanctions, programs (both prevention and intervention) and services for juvenile offenders, The VJCCCA funds provide Charlottesville/Albemarle with the opportunity to create this community-based system with the development of the new programs in conjunction with the estabtished programs. The Juvenile Justice Committee of the newly formed Commission on Children and Fatuities will oversee the VJCCCA programs. The Juvenile and Domestic Relations Court and the Court Services Unit support this plan for the use of VJCCCA funds. The plan wilt be submitted to the State DJJ Board for approval at their November meeting. DJJ requires a resolution from the Board of SupervJsors cert~ing that AJbemarte County will not contribute less funding to juvenile services than was utilized in FY95. not use these funds to supplant any other local funds for juveniles, will comply with provisions established under the Virginia Code by the Department of Juvenile Justice. has consuited with the Juvenile and Domestic Relations Court, and will submit routine reports to the Department of Juvenile Justice. RECOMMENDATION: Staff recommends approval of the attached resolution required by the Department of Juvenile Justice in order to receive $202,444 in FY98 funds and to be able to utilize $10,544 in FY96/97 carry-over funds. Subsequent to state approval of the plan, staff wtil bring revised FY98 VJCCCA funding appropriations to the Board for approval. 97.201 RESOLUTION WIq~REAS. the 1995 Virginia General Assembly enacted the Virginia Juvenile Community Crime Control Act to establish balanced, community-based systems of sanctions, programs, and services for juvenile offenders effective January 1. 1996, and WI][EREAS, the Department of Juvenile Justice has approved funding for the City of Charlottesville through the Virginia Juvenile Community Crime Control Act for FY 1998 in the amount of $202,044, and Wl:IEREAS, the County of Albemarle has submitted a plan to the Department to use these Virginia Juvenile Community Crime Control Act funds to provide services to youth who come before the Juvenile and Domestic Relations Court in FY 1998; NOW, TI~'.REFORE, BE IT RESOLVED TttAT the Board of County Supervisors of Albemarle County, Virginia, certifies that it: Will nor contribute less funding for the implementation of this local plan than was expended for block grant funded programs for services either operated or utilized inFY 1995 in compliance with 16.1-309.6 of the Code of Virginia; Will not utilize funds provided by this Act to supplant funds established as the state pool of funds under 2 1-757 in compliance with 16.1-309.3 of the Code of Virginia; Will comply with all provisions of 16.1 -309.9 of the Code of Vir~nia which gives the Board of Juvenile Justice the authority to establish and enforce standards and to review the expenditures and services established by the local plato Consulted with the judge(s) of the Juvenile and Domestic Relations District Court and the Director(s) of the Court Services of the participating jurisdictions(s); Will submit routine reports and any other information to the D'trector of the Department of Juvenile Justice for each program or service funded by the Act in compliance with 16.1-309.3 E and 16.1 -309.10 of the Code of Vir~nia and all applicable Departmental procedures. k Ella W. Carey, do hereby certify that the forego'rog writing is a true, correct copy of a resolution adopted by the Board of County Supervisors of Albemarle County, Virginia at a regular meeting held on October 15, 1997. Clerk Board of County Supermsors Virginia Juvenile Community Crime Control Act Revenue VJCCCA Revenue (1998) Carryover Funds 1997 ($100,291) Local Appropriation (Portion of MOE) Available 98 Revenue 1997-98 Albemarle City of County Ch'ville $202,444 $627,760 10,544 89,747 63,915 144,050 $276,903 $861.557 Expenses Intensive Probation Program Curfew Center Program Curfew Center Program First Time Truant Offender Project Projem SOAR Juvenile Court Assessment Center Community Attention - Drawdown funds for -Comm. Attention Home -Family Group Homes ,Outreach Serwces ~Teens Give -Other Community Programs Albemarle City of Fiscal Children County Ch'vitle Agent Served Supervision $15,817 $15,817 Alb. Alb/Chv CSU 7,985 7,985 Alb. Alb/Chv CSU 6,825 Crv. Chv. C.A. 43,728 51,062 Chv. Alb/Chv C.A. 15,000 15,000 Chv. Alb/Chv CSU 77,893 77,893 Chv. Alb/Chv CSU 116,480 686,975 Chv Alb/Chv C.A. $276,903 $861,557 98appro COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: John Miller, Chief of Police Ella W. Carey, Clerk, CMC~~zj~'~' October 20, 1997 Agreement for use of Trophy Chase Apartments At its meeting on October 15, 1997, the Board of Supervisors authorized the County Executive to sign an agreement with Cornerstone Corporation, owner/manager of the Trophy Chase Apamnent complex on Peyton Drive for use of an apartment as an office by the Albemarle County Police Department. Attached are two originals of the agreement. Please have a representative of Cornerstone Corporation sign the agreements and return both originals to this office. After they have been fully executed and approved by the County Attorney's office, one of the originals will be forvcarded to Cornerstone Corporation. If you have any questions, please call me. /ewc Attachments CC: Robert W. Tucker, Jr. Richard E. Huff, II Mark Trank RENTAL AGREEMENT THIS RENTAL AGREEMENT (hereinafter the "Agreement") made and executed this /,-6-r~ day of October, 1997, by and between CORNERSTONE CORPORATION, a Virginia Corporation (hereinafter the "Landlord"), and the COUNTY OF ALBEMARLE POLICE DEPARTMENT (hereinafter the "County" or "Tenant"). WlTNESSETH THAT: Landlord and Tenant do hereby mutually covenant, promise and agree as follows: 1. Premises. Landlord agrees to rent to Tenant apartment number 2411-101 of the Trophy Chase Apartment Community for the term and upon the covenants, terms and conditions hereinafter set forth. 2. Term. The term of'this Agreement is for one (1) year, commencing on October 30, 1997 and expiring on October 30, 1998. Upon mutual agreement of Landlord and Tenant, evidenced in writing, this Agreemem may be extended for one or more additional terms. 3. Rent. Landlord agrees that Tenant shall pay no rent, but that Tenant's occupancy of and presence at the leased premises shall constitute adequate consideration, receipt of which is hereby acknowledged. No security deposit shall be required. 4. Use. Landlord acknowledges and agrees that Tenant may use the leased premises for any law e~forcement or public safety-related purpose during the term of the Agreement, including but not limited to use by the Community Policing Unit as an office. 5. Utilities. Landlord agrees ro pay the costs of water and sewer service and trash collection. Tenant agrees m pay the costs of electricity and heat. 6. Termination. This Agreement can be terminated at any time by either parry, with or without cause, upon 30 days written notice. 7. Rental Agreement Addendum. Landlord and Tenant a~ee that the terms and conditions set forth in the Rental Agreement Addendum Ihereinafter the "Addendum") attached hereto are incorporated in this Agreement by reference, with the exception of the Second, Third, Fourth, Fifth, Seventh, Ninth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, Eighteenth, Twenty-Fourth, Twenty-Seventh, Twenty-Eighth and Twenty-Ninth paragraphs of said Addendum. 8. Liability. Notwithstanding any provision to the contrary set forth in this Agreement or in the Addendum, Landlord and Tenant acknowledge that said provisions shall neither constitute a waiver of the County's sovereign immunity nor subject the County m liability, exposure or obligation to th/rd pames under federal, stare and/or local laws, ordinances, rules or regulations. This declaration and agreement does not excuse any obligation the County may have to Landlord pursuant to th/s Agreement or Addendum; rather, it addresses only the potential creation of liability, exposure or obligation to others as a result of this Agreemem or Addendum. 9. Approval by Board of Supervisors. This Agreement is subject tO approval by the Albemarle County Board of SuperAsors, 10. Entire Agreement. This Agreement shall constitute the entire agreement between the parties hereto, and may be modified only by mutual consent evidenced in writing. 11. Notices. All notices and other communications which may or are required to be given by one party to the other stroll be in writing and shall be deemed to have been properly 2 given if and when delivered personally or sent by registered or certified mail, postage prepaid. addressed as follows: (a) If to Tenant: Office of the Chief of Police Albemarle County Office Building 401 Mclntire Road Charlottesville, VA 22902 (b) If to Landlord: Cornerstone Corporation 2407 Peyton Drive Charlottesville, Virginia 22901 IN WITNESS WHEREOF, the parties have executed this Rental Agreemem the day and year first written above. LANDLORD: CORNERSTONE CORPORATION By:. Title: TENANT: Approved as to form: County Attorney COUNTY OF ALBEMARLE, VIRGINIA 3 COUNTY OF ALBEMARLE BOARD OF SUPERVISORS EXECUTIVE SUMMARY ~O-Og-9~P04:51 2C¥~ AGENDA TITLE: Request Approval of Trophy Chase Apartment Agreement SUBJECT/PROPOSAL/REQUEST: Approval of Agreement with Cornerstone Corporation, owner/manager of the Trophy Chase Apartment complex on Peyton Drive for use of an apartment as an oftice by the Albemarle County Police Department. STAFF CONTAC'ris}: Messrs. Tucker, Huff, Davis, Miller. Trank AGENDA DATE: October '15, 1997 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: BACKGROUND: The Albemarle County Police Department has been negotiating with the owners/managers of the Trophy Chase Apartment complext on Peyton Drive in Albemarle County concerning the possible use of an apartment at the complex as an office by the Community Policing Unit of the Department. This would enable the Community Policing Unit to have a permanent police presence in this part of the community, and would give the Unit its own separate base of operations. The agreement provides that an apartment would be provided to the County Police at no rent, and the Agreement may be terminated by the County at any time. The County would be responsible for the payment of certain utilities and insurance for County property placed at the premises. RECOMMENDATION: Staff recommends that the Board approve the proposed agreement 97.203 COUNTY OF ALBEMARI E MEMORANDUM TO: FROM: DATE: RE: Pat Mullaney, Director of Parks & Recreation Ella W. Carey, Clerk, CMC ~~ October 20, 1997 Agreement for use ofW. D. Ward Center in Esmont At its meeting on October 15, 1997, the Board of Supervisors authorized the County Executive ~o sign an agreement with the Odd Fellows organization for use of the W. D. Ward Center in Esmont as a sa[ellite office by the Albemarle County Police Department. Attached are two originals of the agreement. Please have a representative of the Odd Fellows sign the agreements and remm both originals to this office. After they have been fully executed and approved by the County Attorney's office, one of the originals will be forwarded to the Odd Fellows. lfyou have any questions, please call me. /ewe Attachments cc: Robert W. Tucker, Jr. Richard E. Huff, II Mark Trank John Miller AGREEMENT TItlS AGREEMENT (hereinafter the "Agreement") made and executed this /~ day of October, 1997, by and between the ESMONT LODGE NO. 7444 OF TIlE GRAND UNITED ORDER OF ODD FELLOWS, a benevolent fraternal nonprofit organization (hereinafter the "Odd Fellows"), and the COUNTY OF ALBEMARLE, VIRGINIA (hereinafter the "County"). WlTNESSETH THAT: Odd Fellows and the County do hereby mutually covenant, promise and agree as follows: 1. Premises. Odd Fellows agrees to provide space suitable to the County within the property known as the "WD Ward Center" (the "Center") to the County for use as a satellite office by the Albemarle County Police Department, for the term(s) and upon the covenants and conditions hereinafter set forth. 2. Term. The term of this Agreement is for one (1) year, commencing on November 15, 1997 and expiring on November 15, 1998. Upon mutual agreement of Odd Fellows and County, evidenced in writ'rog, this Agreement may be extended for one or more additional Rent. In consideration for occupancy of the premises, the County shall pay ro Odd Fellows up ro $1,000.00 towards the costs ora general liability insurance policy that Odd Fellows agrees to procure in order to insure the Center. This policy shall provide fire, general liability and aggregate insurance coverage in such amounts that are adequate to insure the Center and County- owned property located within the Center. The County's obligation shall not exceed ];1,000.00. The parties agree that the County's obligation to pay rent during the iuifial term shall be satisfied in full by the payment of this amount. The parties also agree that the County's occupancy of and presence at the Center will confer a valuable benefit upon Odd Fellows and the community and shall constitute additional consideration, receipt of which is hereby acknowledged. No security deposit shall be required. 4. Use. Odd Fellows agrees that County may use the leased premises for any law enforcement or public safety-related purpose during the term of the Agreement, including but not limited to use by the County Police Department as a satellite office. 5. Utilities. The County agrees to provide and pay the costs of separate electric service to the portion of the Center it will use pursuant to this Agreement, including the costs of baseboard heat. The County's electrical usage shall be metered separately and billed directly to the County. Odd Fellows agrees to pay the costs of water and sewer service and trash collection for the entire building, and agrees to pay the costs ofuil heat and electricity for the portion of the building not occupied by the County. 6. Improvements. Upon the mutual agreement of the parties hereto and subject to available County funding and other resources, the County agrees m consider making certain improvements to the Center and grounds. The costs of such improvements will be subject to negotiation by the parties. Such improvements may be made at the County's sole discretion and it is expressly understood that the County is not obligated in any way to do so. In the event any improvements are made, they shall remain County property at all tunes during the term(s) of this Agreement and thereafter, but Odd Fellows shall have the initial right m consent m such improvements. At the termination of the initial or subsequent term(s) of this Agreement, the County at its discretion may remove any or all such improvements, with no further liability or obligation to Odd Fellows. 7. Insurance. Odd Fellows agrees to add the County as an additional named insured m the policy of insurance referenced in paragraph 3 of this Agreement, and shall provide proof of insurance from an insurer acceptable to the County prior to the effective date of this Agreement. 2 The County agrees to provide and maintain insurance m cover its own personal properly located within the Center. 8. Indemnification. Odd Fellows shall at all times indemnify and hold harmless the County, its employees, officers and agents, from any claim whatsoever arising from Odd Fellows' exercise of its rights or privileges as stated herein, or arising from any activities of Odd Fellows at the Center. 9. Termination, This Agreement can be terminated at any time by the County, with or without cause, upon 30 days written notice. 10. Liability_. Notwithstanding any provision to the contrary set forth in this Agreement, Odd Fellows and County acknowledge that said provisions shall neither constitute a waiver of the County's sovereign immunity nor subject the County m liability, exposure or obligation to third parties under federal, state and/or local laws, ordinances, rules or regulations. This declaration and agreement does not excuse any obligation the County may have to Odd Fellows pursuant to this Agreement; rather, it addresses only the potential creation of liability, exposure or obligation to others as a result of this Agreement. 11. Approval by Board of Supervisors. This Agreement is subject to approval by the Albemarle County Board of Supervisors. 12. Entire Agreement. This Agreement shall constitute the entire agreement between the parties hereto. This Agreement may be modified only by mutual consent evidenced in writing. 13. Nonappropriation. This Agreement is subject to aunual fimding by the Board of Supervisors of the County of Albemarle, Virginia. In the event the Board of Supervisors fails to appropriate the funds necessary to perform the services specified in this Agreement, this Agreement shall be deemed canceled, with no penalty to the County, and of no further effect. 3 14. Notices. All notices and other communications which may or are required to be given by one party to the other shall be in writing and shall be deemed to have been properly given if and when delivered personally or sent by registered or certified mail, postage prepaid, addressed as follows: (a) If to the County: Chief of Police Albemarle County Police Department Albemarle County Office Building 401 Mclntire Road Charlottesville, VA 22902 (b) If to Odd Fellows: Graham Paige 7314 Porter's Road Esmont, VA 22937 IN WITNESS WI-IEREOF, the parties have executed this Agreement the day and year first written above. ESMON~[ LODGE NO. 7444 OF TIlE GRANT UNITED ORDER OF ODD FELLOWS By:_ Title: Approved as to form: County Attorney COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: Melvin A. Breeden. Director of Finance Ella W. Carey. Clerk. CMC~d ~ October 20. 1997 Board Actions of October 15, 1997 At its meeting on October i5, 1997, the Board of Supervisors took the following actions: Item No. 5.1. Appropriation: Comprehensive Services Act (CSA}, $462,593.80 (Form 4*96086). APPROVED. Item No. 5.3. FY 1998 Virginia Juvenile Community Crime Control Act (VICCCA) State Plan and Resolution. APPROVED. Agenda Item No. 12. Other Matters not Listed on the Agenda from the BOARD, AUTHORIZED the County Executive to enter into an agreement with the City of Charlottesville to share in the funding of the ECC building construction on a 50:50 basis. /ewc Attachments (2) cc: Roxarme White Richard E. Huff. II Robert Walters ICathy Ralston APPROPRIATION REQUEST FISCAL YEAR 96/97 NUMBER 96086 TYPE OF APPROPRIATION ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND CSA PURPOSE OF APPROPRIATION: YEAR END ADJUSTMENTS FOR COMMUNITY SERVICES ACT PROGRAM. EXPENDITURE COST CTR/CATEGORY DESCRIPTION AMOUNT 1155153120300205 1155153120520100 1155153120571211 1155153120571212 1155153120571213 1155153120571214 1155153120571215 1155153120571216 1155153120571217 1155153120571218 ADMINISTRATIVE SERVICES POSTAL ~ERVICES RESID.-PUBLIC MANDATED RESID. PRIVATE MANDATED NON-RES.-PUELIC MANDATED NON-RES.-PRIVATE MANDATED RES.-PUBLIC NON-MANDATED RES.-PRIVATE NON-MANDATED NON-RES.-PUBLIC NON-MANDATED NON-RES.-PRIVATE NON-MANDATED ($587.00) 437.44 (140,466.15) 518,501.17 48,203.03 79,419.22 0.00 35,237.18 (32,590.50 (45,560.59 TOTAL S462,593.80 REVENIJE DESCRIPTION AMOUNT 2155151000510100 CSA FUND BA3~ANCE $16,898.12 2155151000512004 TRAi~SFER FROM GENERAL FUND 207,897.53 2155124000240109 STATE POOL FUNDS 237,798.15 TOTAL S462.593.80 TR3LNSFERS DESCRIPTION AMOUNT 1100053013571205 CSA-LOCAL MATCH 207,897.53 2100051000510100 GENEP~AL FUND BALANCE 207,897.53 REQUESTING COST CENTER: APPROVALS: DIRECTOR OF FINkNCE BOARD OF SUPERVISOR COUNTY EXECUTIVE SIGNATURE DATE RESOLUTION WHEREAS, the 1995 Virginia General Assembly enacted the Virginia Juvenile Community Crime Control Act to establish balanced, community-based systems of sanctions, programs, and services for juvenile offenders effective January 1, 1996; and WHEREAS, the Department of Juvenile Justice has approved funding for the City of Charlottesville through the Virginia Juvenile Community Crime Control Act for FY 1998 in the amount of $202,044; and WHEREAS, the County of Albemarle has submitted a plan to the Depamnent to use these Virginia Juvenile Community Crime Control Act funds to provide sm'vices to youth who come before the Juvenile and Domestic Relations Court in FY 1998; NOW, THEREFORE, BE IT RESOLVED THAT the Board of County Supervisors of Albemarle County, Virginia, certifies that it: Will not contribute less landing for the implementation of this local plan than was expended for block grant funded programs for services either operated or utilized in FY 1995 in compliance with §16.1-309.6 of the Code of Virginia; and Will not utilize funds provided by this Act to supplant funds established as the state pool of funds under §2.1-757 in compliance with §16.1-309.3 of the Code of Virginia; and Will comply with all provisions of § 16. l -309.9 of the Code of Virginia which gives the Bom'd of Juvenile Justice the authority to establish and enforce standards and to review the expenditures and services established by the local plan; and Consulted with the judge(s) of the Juvenile and Domestic Relations District Court and the Director(s) of the Court Services of the participating jurisdictions(s); and Will submit routine reports and any other information to the Director of the Department of Juvenile Justice for each program or service funded by the Act in compliance with §16.1-309.3 E and §16.1 -309.10 of the Code of Virginia and all applicable Departmental procedures. I, Ella W. Carey, do hereby certify that the foregoing writing is a uae, correct copy of a resolution adopted by the Board of County Supervisors of Albemarle County, Virginia at a regular meeting held on October 15, 1997. C~erk, ~3;ar~ of Com~ty~S~ rvisors COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Request Approval of WD Ward Center Agreement SUBJECT/PROPOSAL/REQUEST: Approval of Agreement with Odd Fellows organization for use of the WD Ward Center in Esmont as a satellite =ffice by the Albemarle County Police Department. STAFF CONTACT(SI: Messrs. Tucker, Huff, Davis, Miller, Mullaney, Trank AGENDA DATE: October 15, 1997 ACTION: ITEM NUMBER: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: REVIEWED BY: BACKGROUND: County staff has been negotiating with the Esmont Lodge No. 7444 of the Odd Fellows organization, which is a benevolent fraternal nonprofit association affiliated with the Grand United Order of Odd Fellows, concerning the possible use of the WD Ward Community Center in Esmont as a satellite office by the Albemarle County Police Department. This would enable the County to have a permanent police presence in the Esmont community, which would also serve other communities in Southern Albemarle. The agreement provides that suitable space would be provided to the County Police at no rent; however, because the property curre~ntiy is uninsured, the County would agree that, in lieu of rent, it would contribute the costs of insurance (not to exceed $1000 annually) during the term of the agreement in order to have an insurable interest in the property and to protect this interest. The agreement also provides thatthe County may, m its sole discretion, make certain improvements to the Center, subject to available funding and other resoumes. RECOMMENDATION: Staff recommends that the Board approve the proposed agreement. 97.202 BOARD OF SUPERVISORS 10-C 3-9'7Al0:34 RCVD COMMONWEALTH of VIRGINIA Department of Taxation Memorandum To: From: Councils of Incorporated Cities and Towns Board of Supervisors of Counties Commissioners of the Revenue and Supervisors of Assessments CSX Transportation, Inc. H. Keith Mawyer "'~'~?~ Property Tax Manager Date: October 1, 1997 Subject: Amendment of Roadway & Track Values - 1997 Attached is an amendment to the roadway and track values for CSX Transportation, Inc. for tax year 1997. This is due to an inadvertent exclusion of certain investment and track mileage for certain line owned by proprietary companies, operated under lease and line operated under contract or agreement. I regret any inconvenience that this may cause. If there are any questions, please do not hesitate to contact me at (804) 367-8020. COMMONWEALTH of VIRGINIA Department of Taxation October 1, 1997 TO: Councils of Incorporated Cities and Towns Board of Supervisors of Counties Commissioners of the Revenue and Supervisors of Assessments CSX Transportation. Inc. This .is to certify that the document "Statement of Assessed Values for Local Tax Purposes for Railroads and Interstate Pipeline Transmission Companies" made by the Department of Taxation for the tax year 1997 of the Virginia real estate and tangible personal property of railroad companies and interstate pipeline transmission companies is amended as follows: CSX~TRANSPORTATION, INC. ROADWAY AND TRACK FROM TO AGGREGATE TOTAL: 161,602,794 149,625,701 Ja E. Bowen Assistant Tax Commissioner of Customer Services APPROVED: Danny M,'Payne Tax' Commissioner d OOUNTY ~ O. BOX ~OO9 168 SPO:iNAP ]-aD. O~4&i~LOTT~SVILLE. VA 22902 · (804) 927;451t FAX ~0-15-- ~PO, .0, RCVD Board of Supervisors Coun~ of ~bemarle 40I l~clntire Road CharlOttesville, VA 22902 Ladies and Gentlemen: Enclosed is a copy of the Albemarle Ccmnty Service Authori/y's Comprehensive Anm,~al Financial, Report for. . th,e Fiscal year ended June 30, 1997. This re oft', ' e '. ' trustees, financial advisors, u ; , p ~s benk. d~stnbuted to our · .; , , . _ n~derwrlters and rahng agencies as w , '- · : ,. . mst~mtions and other interested ,~r>uffr m~ in.. ar~r ir, ~.,.**. : o ell as. central depostto~5 rovld . . r ....... ,~ o~,m satls re ortan · P ecurrentfinanc~atand sta ,~, ry. p g reqmrements and t~sttcal data on the Authority s operations. ' I welcome any commems or suggestions, and hope~ that you fred this report usefu4. S/ncerely yours, Raoul James Kister Finance Director Enclosure 'Albemarle County Service Authority Charlottesville, Virginia Comprehensive Annual Financial Report For The Year Ended June 30, 1997 Charlotie Y1 Humphris Forrest I~ Mmshall, Jr. COUNTY OF ALBEMAR~ ~R Office of Board of Supervisors 401 McIntire Road Charlottesville, V'nginia 22902-4596 (804) 296-5848 FAX (804) 296-5800 Charles S. Matin Walter E Perkins Sally H. Thomas October 10, 1997 DETTOR, EDWARDS & MORRIS DETTOR, WILLIAM T JR SMITH, ROGER B OR NORMAL WILLIS, JAMES H OR SUE H Re: SP-97-30 Dear Sir or Madam: This letter is to notify you, as an adjacent property owner, that the applicant has requested the Board of Supervisors, to defer the above-referenced petition until NOVEMBER 5, '1997. The petition is described as: SP-97-30. U.S. CellularTower (Ivy) (Siqn #69). Requestto construct cellular telecommunications tower on 2 ac znd LI. TM58,P37G. Located on S side of Morgantown Rd (Rt 738), approx 1.1 mis W of Rt 250, Ivy Rd. Samuel Miller District. The petition is, therefore, scheduled for discussion by the Board on November 5, 1997, at 11:00 a.m., in Meeting Room #241, Second Floor, County Office Building, 401 Mclntire Road, CharlOttesville,Virginia. If you should have any questions, please do not hesitate to contact the undersigned. Sincerely, /ewc cc: Mark Keller Steven W. Blaine R Anderson Hord V. Wayne Cilimberg William D. Fritz Pdnted on recycled ~per David P Rio Charlott~ Y. Humphris COUNTY OF ALBEMARI .E Office of Board of Super¢~som 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 29~5843 FAX (804) 296-5800 Char]es S. Martin Walter E Perkins S~ll~ H. ~om~ October 10, 1997 BABINEAU, GUY L OR SUSAN R BESTEBREURTJE, GERTRUDE MAUD CHISHOLM, MARY JANE CITY OF CHARLOTTESVILLE CLEVELAND, EDWARD G OR PEGGY H COHEN; JAMES GUY OR MONTE JANE CONTI, CHRISTOPHER A OR BONNIE b WILFORE CRENSHAW, CHARLES C OR HEIDEMARtE F DAVIS, ROGER H B JR OR JEANNE S DAVIS, SHARON K & KERVlN M RIDGLEY DENT, ROSEMARY R HALL, WAYNE A OR DEBORAH S HAVILAND, JOHN KENNETH & ELEANOR VALERIE HELVlN, STEPHEN H & FRANCES A MCCORMICK, FRED C & ANNE B MCLAIN, JEAN R MORRIS, IRENE GARRISON MURRAY, STEPHEN M OR MERRICK T PANORAMA FARMS INCORPORATED PHILLIPS, RAYMOND R OR JANE B RIPLEY, JOAN C RlVlERE, MARY MORRIS ROPER, MARILYN B TRUSTEE FOR THE ROPER LIVING TRUST ROSENBLUM, ELIZABETH P RUDDY, JOHN J JR & THERESA G SHANOR, KAREN IRENE SMITH, MARY JOHN & KARLA ROBINSON THORNSVARD, CHARLES T OR TERRI L WILSON, RONALD E OR MARY G WINGFIELD, JOHN R YOUEL, JOHN KENNETH JR & ADELE YOUEL CHAPPELL YOUEL, JOHN K JR ZAKIN CONSTRUCTION COMPANY Re: SP-97-11 PHnted on recycled paper Dear Sir or Madam: This letter is to notify you, as an adjacent property owner, that the applicant has requested the Board of Supervisors, to indefinitely defer the above-referenced petition. The petition is described as: SP-97-11. Panorama Trails. Inc. tSians #88&89). Requestto estab & operate mountain bike trails & assoc facilities as club for use by members only [10.2.2(4)], on 840 ac farm in Earlysville. Znd PA. Access to property from Reas Ford Ln (Rt 661). TM45,Psl&lA & TM31,P23A. Rio Dist. At this time, no date has been scheduled for the public hearing. When a date is scheduled, you will be notified. If you should have any questions, please do not hesitate to contact the Undersigned. Sincerely, Ella W. Carey, CMC, Clerk J /ewc cc: Andrew B. Murray V. Wayne Cilimberg Susan E. Thomas 09-29-97P04:44 RCVO BOARD OF' SUPERVf, OR COUNTY OF ALBEMARLE Dept. ot Planning & Community Development 401 Mclntire Road Charlottesville. Virginia 22902-4596 (804) 296-5823 September 26, 1997 Mark Keller 301 East High St Charlottesville, VA 22902 RE: SP-97-30 U S Cellular Tax Map 58, Parcel 37G Dear Mr. Keller: The Albemarle County Board of Supervisors, at its meeting on September 17, 1997, deferred the above-noted request to construct a cellular telecommunications tower to its October 15, 1997 meeting. This request was deferred to allow staffto prepare a written record for the Board's consideration. If you have any questions or comments, please do not hesitate to contact me. Sincerely, ¥ V Wa ~~umtv Development VWC/jcf / / cc: Ella .Ca~y Amelia McCulley Jack Kelsey COUNTY OF ALBEMARLE MEMORANDUM 09-23-97P~2 :, TO: FROM: DATE: RE: Larry W. Davis, County Attorney V. Wayne Cilimberg, Director, Planning & Community Development Robert W. Tucker, Jr., County Executive,,t / September 23, [997 U. S. Cellular Tower at Ivy Attached are comments from Mr. Joseph Flamini, President of the Esoteric Group regarding his suggestions for providing cellular service in the Ivy area. This is related to the recent special use permit that U. S. Cellular had before the Board of Supervisors on Wednesday, September 17, 1997. Mr. Flamini has provided these alternatives for our information and use. Should you have any questions regarding this letter from Mr. Flamini, he can be contacted at 980- 8259. RWT,Jr/dbm 97.103 pc: ~s. Ella W. Carey w/attachment Albemarle County Board of Supervisors w/attachment ESOTERIC 18 September 1997 Mr. Robert W. Tucker, Jr. County Executive 401McIntire Road Charlottesville, VA 22902-4596 Dear Mr. Tucker~ Herewith, a summary of my findings with regard to the proposed United States Cellular Corporation's tower in Ivy. Please note that it is nor my purpose ro gather evidence to disallow the applicant's proposal; rather I have endeavored to bring my 33 years of experience in telecommunications to bear upon the mat~er of insuring that the taxpayers of Albemarle County have been presented with as many other (less repugnant) alternatives as possible. The area that USCC is trying to infuse with a higher level of cellular radio signal is presently fairly well served as regards a 3-watt mobile radiotelephone unit. Their desire is to make it possible for a 600-milliwatt (so-called "half-watt") handheld unit 5o operate along routes 64 & 250 in the western County, as well as the Ivy area itself. To this end, the proposed site, while not ideal, would fill in a lot of signal "holes" in the rolling piedmont terrain that is characteristic of the area. My staff and I have spent some'100 hours in tha past four weeks performing mobile signal strength analyses to determine present levels of service, as well as possible levels from as yet undeveloped sites. Our findings include: 1. The signal pattern from USCC's Buck's Elbow Mountain sire is no~ as shown on their maps; the 90-degree swath of the antenna radiation pattern is actually aimed nearly due eas~. The addition of ~wo lightweight antennas to the existing tower there will add considerably to the signal footprint along routes 64 & 250, and will nor compromise Quiet Zone requirements. 2. The signal from USCC's Castle Rock site is not optimized. There were times when we could see the Castle Rock antennas and still got a signal 5 to 10 times stronger from other sites. 3. Three alternative sites were identified and presented to Planning (Wayne, Bill et al~) Two of these would be needed to cover the area of interest; although somewhat costlier initially, considering USCC's rapid growth an additional site would fairly soon be needed anyway to accommodate the anticipated call traffic. Additionally, the~e are areas west of Ivy that would be serviced by the westernmost Sf these three that their proposed site would mot cover. All P.'O. Box 7901 Charlottesville, VA 22906 Phone (804) 980-8259 Page Two three sites would be on existing Virginia Power or A.E.P. transmission towers and would therefore require no actual tower construction. Data gathered by The Esoteric Group, Inc. indicate that the level of service that would'be provided by two of these three sites would be at least as adequate as the proposed site. Any remaining signal holes could be filled in with an antenna array on 360's Camp Eoliday Trails monopole; this could be serviced by a small equipment cabinet similar to that deployed at USCC's Ruckersville site. (That arrangement is a small, pad-mounted "cell-in-a-box" that is cheaper and faster to deploy than a normal site in a building.) In conclusion, we believe that all other practicable site alternatives have not been explored, and to do so would definitely be in the best interests of both U.S. Cellular and Albemarle County. Respect full y, F1 n Ph D. COUNTy OF ALBEMA EXE.CUTIVE OFFICE 10-09-97P04:25 RCVD BOARD OF SUP~ERVISORS COUNTY OF ALBEMARLE Dept. of Planning & Community Developmen~ 40] Mctntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 October 8, 1997 Andrew B. Murray 750 Miller's Cottage Lane Earlysvitle, VA 22936 RE: SP-97-I 1 Panorama Trails, Inc Dear Mr. Murray: The Albemarle County Planning Commission, at its meeting on September 30, 1997, by a vote of 4:1:1, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: Panorama Trails, Inc. is to be operated in accord with the project descriptions dated April 21, 1997 and June 23, t997. Maximmn club membership shall nol exceed three hundred (300) members at any one time. Riders present on club trails at any one time shall not exceed fifty (50), except during events. Increased membership, significant changes to club hours, operation, or facilities (including extension of the trail system to additional portions of the farm) shall require amendment to the special permit and further review. No state, regional, and/or national level events are permitted under this special use permit. The club race series shall be limited to members only. Club races and/or other events shall not exceed one per 14 calendar days in frequency. Sales (bicycle or parts), repair or maintenance shall be limited to special events, and shall be limited to club members, or those participating in special events. A site development plan as required by Section 32.0 of the Albemarle County Zoning Ordinance for the entrance building, parking lot, and access road shall be submitted. Entrance building, parking lot and Page 3 October 8, 1997 Improvements to Reas Ford Lane (State Route 661) per Virginia Department of Transportation 3-R standards shall be completed prior to commencement of mountain bike club activity; No motorized vehicles other than farm equipment or equipment needed for construction, maintenance or emergency purposes shall be permitted on the trails. If Parcel 1 or lA of Tax Map 45 or Parcel 23A of Tax Map 31 is removed from the agricultural and forestal district, the development rights for these three parcels shall not be utilized, and none of these three parcels shall be divided or subdivided, while this special use permit is valid. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on October 15, 1997. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Susan E. Thomas Senior Planner SET/jcf cc: Ella Carey Amelia McCulley Jack Kelsey Page 2 October 8, 1997 access road shall be located at least 300 feet from adjoining property lines. Entrance building and parking lot shall be removed if use ceases. Any exterior lighting shall be shielded to direct light downward. o A site plan for all proposed trails shall be submitted and approved by the Commission prior to the commencement of mountain bike club activity. The plan shall contain the following information: All trails shall be showua on a U.S.G.S. Quadrangle map; Natural heritage resources shall be identified and located through a general survey (as described in the 6/11/97 letter from the Department of Conservation and Recreation) of that portion of the farm acreage to be occupied by mountain bike trails, excluding existing cultivated areas; this survey shall be submitted for review and comment to the Virginia Department of Conservation and Recreation and/or to the Virginia Department of Forestry; Natural heritage resources information shall be delineated on the above-cited U.S.G.S. map which shall also include proposed trails; d. Trails shall be routed and designed to avoid areas with identified resources; All impacts to wetlands, streams, springs, and other water resources shall be reviewed and approved by the Albemarle County Water Resources Manager; Trail construction and maintenance specifications shall be submitted to the Albemarle County Engineering Department for review and approval. All trails shall be constructed and maintained according to these specifications. The mountain bike club shall comply with the following provisions (a), (b), and © of Secfiun 5.1.16 of the Albemarle County Zoning Ordinance. 2 BOARD OF SUPERVISORS 08-z0-97^.t:26 RCVD August 14, 1997 ON ./'~O / ~ _ John Maine 455 Mallard Lake Drive Earlysville, Va 22936 Albemarle County Board of Supervisors c/o Charlotte l-Iumphris. Chaaman 401 Mclntire Rd. Charlottesville, Va 22902 Dear Board of Supervisors: I wish to express my support for the proposed special permit to allow a commercial mountain biking venture on part of Panorama Farms in Earlysville. I believe that this ~ssue is coming up at your August 20th meeting. These issue tend to generate more negative letters than positive ones, even thoug~h the ovelwvhalming sentiment may lean towards the positive side, because those that support an issue are less apt to send in a letter. I live directly across the road fi:om the proposed entrance to the facility, and am a potential user of it. Every one with whom I have talked in the Earlysville area supports the proposal for the following reasons: · The mountain bike trails would have a minimal impact on thc area. · There is a need for recreational mountain bike areas in Albemarle County for this growing, popular sport. The mountain bike trails are far preferable to residential development which will ultimately occur m Panorama Farms if other commercial ventures are not allowed to support the farming operation. Parts of the Murray property have akeady been turned into residential subdivisions over the past decade, and the Mu~ays would prefer not to be forced to fm~er breakup their family farm. Any traffic generated by mountain bikes using the area would be far less than the traffic generated by residential development. Please vote to approve this proposal when it comes up for a vote at your meeting. Kind regards, 3828 Rea's Ford Lane, Eadysville, Va.22936 - The lane is a narrow way! Home Phone 973-6694 BOARD OF SUPERVISORS Board of Supervisors County of Albemarle 401 Mclntire road Charlottesville, Va.22902 C9-22-97AI1:09 RCVD Attn: Mr. David Bowerman Re: SP 97-11 Panorama Trails Inc. Dear Hr Bowerman, Reference is made to my letters of 16 and 26 June regarding the above application for a Special Use Permit. Although the applicant has stated his intention to upgrade Rea's Ford lane from Rea's Ford Road to the commerdal entrance to the farm, he has not provided the County or the impacted property owners with any information as to how this is to be accomplished. In a letter dated 16 May 1997, VDOT recommended that the road be improved with a rain- mum of the current 3~R standard for traffic projected, adding "there app- pears to be several locations where additional right of way or grading easements would be needed for widening. A minimum of 40 feet of right of way is recommended." My property may be one of those "locations" mentioned by VDOT. Until I understand how the applicant intends to apply what he refers to as VDOT's "grade-in-place" specificat'mns to the road improvement I cannot make a decision as to the effect which the approval of the request wilt have on me. Nor, for that matter, can I see how the application can be acted on by the planners with out such information. Accordingly,I urgently request your assistance in obtaining advice as to the manner in which the required improvement of Rea's Ford Lane will be accomplished before the Public Hearings are held. Respectfully, ~ Karl E.Keyes cc: Planning Commission Planning Department - Susan Thomas Leul Ashmore Sorensen 4692 Browffs Gap Tnpk Crozet, VA 22932-1608 804-823-5389 tasore~mail.wntedu BOARD OF SUPERVISORS 0~-16-97A39:3~ RCVD Susan Thomas Albemarle County Plauning Commission 401 Mclnfire Road Charlottesville, Va 22902 July 14, 1997 "Once it grows houses, it's gone." Dear Ms. Thomas, I am writing in support of the Murray family and Panorama Farms. In my role as the director of Mount Fair Historic Farm Museum I am personally concerned with the issue of creating alternative recreational uses for farmland. The Sheridan family ( who own the historic farm) are grappling with the same challenge of saving the land for children and grand-children while maintaining the rural and environmental integrity of the property. It is through the efforts and research Of people such as McKee's Field Sport Concepts Ltd., the Nature Conservancy, and other far-sighted organizations that we at Mount Fair have begun to see how to best achieve that goal. Self-serving arguments against environmentally sound methods of preserving the family farm must not be allowed to overwhelm solid and well researched alternatives. 1 - The Murray's neighbors would be equally upset if the family chose to mm the 850 acres over to the developers. Even if the houses sat on twenty acre plots (which is far too optimistic and highly unlikely) it would mean no less than forty-two dwellings with their accompanying septic tanks, electric lines, roads, mailboxes, friends and other company, school busses for their children, and, not least, their pets. Breaking up the holding would meanmore rather than tess disruption and destruction of the beauty of the land as it presently exists. I guarantee that if you refuse the permit and the Murray's eventually sell to developers you will be hearing fi:om Keyes and Glass again as they watch their views and vistas disappear under the bulldozer! 2 - My husband and t farmed for over ten years in South Dakota before moving To Albemarle County in 1982. We have lived in both the Free Union area and Brown's Cove since then. Over the years we watched with dismay as family farm after family farm along Garth Road, I-,~r Road. 250 West and land to the east of Charlottesville became housing developments. It is sad that the Murray's neighbors are unable to see that the kind of commercial project the Murray's have in mind would not only truly be ~'in place" in their rural residential area, but maybe the very type of activity that will save more rural areas presently under the development gun. I am afraid that resentment of what is seen as the "landed gentry" plays some part in the criticism of plans by families to try to save longtime family farms. Certainly the Planrdng Board should be able to see the benefit to the county of keeping large parcels of rural land intact, and also see how unfair it would be to take away the county property tax breaks for agricultural land as suggested by Mr. Keyes. That would be incredibly vindictive, given that the vast majority of the land would still remain agricultural in nature. It is my understanding that the Murray's do not plan to stop their hay-making or tempesting operations. It is the desire to include another activity that will bring in revenue rather than the re_placement of previous activities that is the plan. 3 - I would ask Lisa Glass why is the bringing of children out into the country "too much'? Is it NIMBY all over again? Please do not penalize the Murray's for their day~ camp activities. Work with them to help them meet reasonable standards of safety or accommodation if necessary, but let them continue. Working parents all over the Cherlottesvt3te/Albemarle area welcome the addition of one more supervised and enriching activity for children during the summer months, I bet Ms, Glasses' children enjoy the country. 4 - When it comes to mral land use, particularly in the arena of commercial recreational uses, it is vital that the Board of Supervisors and the Planning Commission debate the individual merits of each proposal rather than attempt to conceive ora one-size fits all rule. Each site, and each activity proposed must be given a fair chance to present a case for both long tern preservation of ~rmland and the ways in which such a project impacts the public. The Murrays should be congratulated and helped to continue in the efforts to reach out to the broader community to share the beauty of their land while keeping it imact for future generations. Steve Murray said it best, "Once it grows houses, it's gone." I met Andrew Murray over the phone after the article appeared in the paper. I have no relationship with Panorama Farm except as an interested member of the Albemarle County community. I would be glad to appear on their behalf at any heating you might have on the subject. Please feel free to contact me at my home phone, ifI can be of any help in your deliberations. cc. Chairman, County Board of Supervisors Andrew Murray, Panorama Farms July 23, 1997 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 07-25-97P04:26 RCVD BOARD OF SUPERVISORY Andrew B. Murray 750 Miller's Cottage Lane Earlysville, VA 22936 SP-97-11 Panorama Trails, In¢ Tax Map 45, Parcels 1, lA and Tax Map 31, Parcel 23A DearMr. Mu~ay: The Albemarle County Planning Commission, at its meeting on July 22, 1997, per your request, deferred the above-noted petition to its September 30, 1997 meeting. The Board of Supervisors will review this petition at their October 15, 1997 meeting. If you have any questions, please do not hesitate to contact me. Sincerely, Susan E. Thomas Senior Planner SET/jcl cc: Amelia McCulley Jack Kelsey ~ Carey 3. Original Proffer Amended Proffer ( Amendment # ) Date: October 15, 1997 PROFFER FORM ZMA# 97-04 Tax Map Parcel(s) 79-25A 5.00 Acres to be rezoned from RA to R-6 PursUant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that (11 the rezoning itself gives rise to the need for the conditions; and (21 such conditions have a reasonable relation to the rezoning requested. The location of thc private roads, the 24 single family attached units in twelve structures, and the common space shall be in general accord With that shown on the Proffered Conceptual PIan for Ashton Woods dated July 2, 1997 and revised August 6, 1997 (the "conceptual plan"). The uses permitted shall be limited to those permitted by sections 16.2.1.2 (a maximum of 24 single family attached units in twelve structures only), 16.2.1.11, 16.2.1.13 and 16.2.1.14 of the Albemarle County Zoning Ordinance, as such was,in effect on October 15, 1997. The owner shall establish a homeowners' associa~tio~ which shall operate pursuant to a declaration of conditions, covenants and restdcti0ns..At a minimum, the:homeowners' association shall be authorized to maintain the private roads, common space and pa/king areas as provided in proffer number 4, to maintain the paths identified in proffer number 5, to enforce the covenants, conditions or restrictions identified in proffer numbers 7 and 8, and to maintain and restore the buffer as provided in proffer number 9. All private roads and parking areas shall be constructed by the owner. All private rOads, common space and parking areas shall be maintained by the owner until ownership and the responsibility for maintenance is conveyed to a homeowners' association. A path, the location of which shall be substantially in accord with that shown on the conceptual plan, shall be installed. In addition: (a) from the north side of the private road opposite the path's terminus at the private road as shown on the conceptual plan, a path shall be installed through the common space to the property line abutting the East Rivarma Fire Station property; (b) from the soutii~m terminus of the path at the private road as shown on the conceptual plan, a path shall be installed parallel to the private road to Gleumore Way. Paths shall be for the benefit of Ashton Woods residents. $~aue, O llVJO sou~l,I poluua · uoB~p~oao~ s,uo!lu:mpop Otll ol .~opd moml.mdoQ oql ,iq p~.o.~dd~ ptm poll!mqns ~q II~qS uo!lux~pop oLI& 's~oJJO~d osoq] ql.m oouu!Idmo~ ~oj tao!,xox .~oj luomdoi,~o0 Y4!unmmoD ptm limu. tmlci jo luoml~udoO OI~umoqlV oql ol uo!l~poss~ ,sxotuaoomoq oql jo suo!lo!~so.t ptm suo!l!puoa '8ltmuo,xoo Jo uo!le, mlaop oql l!mqns IlmlS ~ou~o oqJ~ 'uounlIOd lq$.H ptm oxei~ oztmantu ol ~ouuum u u! poplo.tqs oq 'suoa~ ~UplXed u! pu~ 'oauds uommoo oql u! 'gl!un ~m. IIO~p uo so~nlmj osoql ol pol!m!l lou lnq ~u!pnI*u! 'so:mlxu i~u.Bq$.t[ ~o!:iolxo II~ :~tll o~!nbo~ iI~qs uo!l~!~oss~ ,s~ou~oomoq oql JO suo!lm.-qsm puu suo.q!puo~ 'sltmuaao~ jo uo!lmgI~*p '0I '6 '8 'L 'puno.~xopun oq II~qS so!lH!ln IIV '9 Kimley-Horn and Associates, Inc. I ATTACHIqENT G I August 20, 1997 Albemarle County Eric Morrisette Departmem of Planning 401 Mclmire Road Charlottesville, VA 22902 Re: SP97-36 Dear Mr. Morrisette: Based on comments from the Albemarle County Zoning Department, the Special Use request for a drive-in window for First Citizens Bank Preliminary Site Plan. SDP97-92, should have also asked for a waiver for one-way travel through the drive-in window. It is our intent that the drive-in windows and the bypass lane be one-way travel as we now indicate with directional arrows on the preliminary site plan, as one-way circulation is typical of drive-thru facilities at financial institutions. I am requesting that you please amend the special use request. SP97-36 to include a waiver for one-way travel through the drive-in windows and the by- pass lane for the First Citizens Bank Preliminary Site Plan. Should you have any questions, please do not hesitate to call. Project Manage~ PAB/mac ~, RO. Box33068 Rale~h, NotlflCam~a 27636-3068 H:\PN\01103748\COUNTY.LRT · TEL 919 677 2000 FAX 919 677 2050 IATTACHMENT EI COUNTY OF ALBEMARLE Department of Engineering & Public Works MEMORANDUM TO: ]FROM: DATE: RE: Eric Morrisette, Planner ~...~ Andr~ S. Williams, Senior Engineer 3 September 1997 First Citizen Bank (Forest Lakes) - Preliminary Site Plan (SDP-97-092) The Preliminary Site Plan received 21 August 1997 has been reviewed. All previous comments have been addressed. Therefore Albemarle County Engineering hereby recommends approval of the Preliminary Site Plan. Final approval shall be subject to Albemarle Coanty Engineering approval of final site plan requirements and the following conditions: [Each item is preceded by the applicable reference to the Zoning Ordinance unless otherwise specified. J [32.6.1.] The plan shall be sealed, signed and dated by an architect, professional engineer, land surveyor with 3(b) license, or landscape architect licensed to practice in the Commonwealth of Virginia. This can occur when the plan nears final revisions. 2. [32. 6. 6. d.] Albemarle County Engineering approval of grading and drainage plans and computations. 3. VDOT approval of grading plans and drainage computations. [32. 7.4.3.] Albemarle County Engineering approval of an Erosion and Sediment Control Plar~ Albemarle County Engineering and VDOT approval of final road plans for Fortune Park Road. As of this date, our records show a revised road plan was submitted 26 August 1997 and is currently under review. Albemarle County Engineering has also reviewed the one-way circulation at the drive-thru window and found it to be adequate. If you have any questions concerning this subject, please contact Jack Kelsey or me at 296-5861. ASW/ AUO.-O7_97{THU) 10:09 VDOT TEh:804 97~ 159 ,. OOz - DAVID R. GEHR COMMISSIONER COMMONWEALTH of ~EP~RTMENT OF TRANSPORTATION 7Ol ~OT WAY CHARLO'I-rESVIL!..~-'911 August 7, 1997 Mr. Jack Kelsey Department of Engineering 401 McIn~ire Road Charlottesville, VA 22902 Dear Mr. Kelsey: The .following are our comments: Site Plan Meet August 14, 19~ SDP-092 First Citizens Bank Preliminary Site Plan, Route Entrance should be aligned more perpendicular to Fortune STriFe entrance for three lanes Drainage computation will need to be reviewed Road plans are currently being reviewed for Forcune Park lng 7 ]ATTACHMENT Fl 1720 ark Road degrees) oad .]UL'-TD-1597 14.~r FRO{ TO ~:F,O, u~ 33GGG. ial~. [c 27636-3068 ...... I TOTAL P. 02 221- 1997 FROM BLDG/ZONING SERVICES 80A 972 4126 Special U~ pen'mt Apph~mion DESCRIPTION OF REQUEST; (Please a~ach additional inform~ion as n~eded) This request is to grant a special use permit to First Citizens Bank foV drive-thru windows and ATM for property zoned WC. located at the so.them most corner of the intersection of US Route 29 and Timberwood Blvd. known as i portion of Tax Map 46B4~ Parcel t~ in accordance with Section 22.2.2 of th~ Albema~le ~ounty zonln~ ordinance. The plat for this parcel is currently under revzew by Albemarle County. JUSTIFICATION: ('Please aaach addition~ information as needed) First Citizens Bank must have drive-thru windows and ATM to provide financial services to its customers. This drive-thru is an accessory to the bank which is common with most banks. OFFICE.USE ONLY 8 ALBEMARLE 2O COUNTY 4J 48 / WHITE 1~6(..L ~ RIVANN~ DISTRICTS [ATTACHMENT BI SP 97-O36 First Citizens SECTION 32 4' c ~ATTACHHENT C~. SDP 97-092 First citizens Bank ALBEMARLE cou.*r¥ I^'r'r^c. ME.*r S~ ~7-036 FIRST CITIZENS BANK 2 FOREST LAKES RIVANNA DISTRICT SECTION 46B4 Recommended Conditions of Anproval: The Planning Department shall not accept submittal of the final site plan for signature until tentative approvals for the following conditions have been obtained. The final site plan shall not be signed until the following conditions are met: Plauning Departmem approval of: 1. Landscape plan. Engineering Department approval to include: 1. The plan shall be sealed, signed, and dated by an architect, professional engineer, land surveyor with 3 (b) license, or landscape architect licensed to practice in the Commonwealth of Virginia; (This can occur when the plan nears final revisions) 2. Approval of grad'rog and drainage plans and computations; 3. Virginia Department of Transportation [VDOT] approval of grading plans and computations. Per VDOT, the road plans are currently being reviewed for Fortune Park Road; 4. Approval of an Erosion and Sediment Control Plan; and, 5. Engineering and VDOT approval of the Fortune Park Road Plans. Albemarle County Service Authority approval to include: 1. Submission and approval of final plans to address fire flow. Required fireflow is 1,225 gpm ~ 20 psi. Records indicate that the fire flow serving this site is 964 gpm ~ 20 psi. do Albemarle County Architectural Review Board issuance of a Certificate of Appropriateness. e. Approval of SP 97-36 to allow for the use of drive-though windows. ATTACHMENTS: A - Site Plan B - Tax Map C - Location Map D - Applicant's Special Use Permit Request and Justification E - Engineering Commems F - V. D. O. T. Comments G - Applicant's Request For One-way Circulation Page 5 of 5 Staff Analysis: Staffwill address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adiacem property. Generally uses involving drive-through windows are traffic intensive. It is anticipated that there will be no significant traffic increase associated with the proposed use in the adjacent residential community of Forest Lakes North. The majority of the traffc will be to and from Route 29: Because the nearest residentially zoned property [Gateway Village Townhomes] is greater than 600 feet distant, it is anticipated that headlights from the use of the ATM will not create a substantial detriment to adjacent residential property. that the character of the district will not be changed thereby. The site is located within an actively developing commercial district. Banks and associated drive-throughs are consistent with other uses in the district. and that such use will be in harmony with the purpose and intent of this ordinance. Staff has reviewed this request for compliance of Section 1.4, Section 1.5. and Section 1~6 of the Zoning Ordinance and finds no conflict with those provisions. with the uses permitted by-right in the district. The proposed drive-through is accessory to a by-right use and is in harmony with other by-right uses located in this primarily commercial district. with additional regulations provided in Section 5.0 of this ordinance. Section 5.0 of the Zoning Ordinance provides no additional regulations for uses involving drive- through windows. and with the public health, safety and general welfare. The Site Review Committee has identified no adverse affect on public health, safety, and general welfare. The Department of Engineering finds no major internal traffic circulation concerns with the proposed development (Attachment E). The Virginia Department of Transportation [V.D.O.T] has not identified any major traffic concerns (Attachment F). Page 3 of 5 Summary: Staff has identified the following factors which are favorable to this request: 1. The use is consistent with the provisions of the Comprehensive Plan; 2. The use is consistent with Section 32.2.4.1 of the Zoning Ordinance. Staff has not identified any factors which are unfavorable to this request. Staff finds that the proposed use of drive-through windows is an acceptable and expected accessory to a bank. Recommended Action: Staff recommends approval of the proposed drive-through windows with conditions. Recommended Conditions of Approval: 1. Drive-through windows will be limited to four [4]. SDP 97-092 FIRST CITIZENS BANK PRELIMINARY SITE PLAN The Site Review Committee has reviewed this site plan and may grant approval subject to the Planning Commission wmver of Section 4.12.6.2 of the Zoning Ordinance. The applicant is requesting a waiver for one-way internal circulation, due to the use of the drive- through windows (Attachment G). Section 4.12.6.2 ofthe Zoning Ordinance states "One-way circulation aisles shall not be permitted, except that the commission may approve one-way circulation in such case where the same is necessitated by the peculiar character of the site or of the proposed use such as but not limited to uses involving drive-in windows and automobile laundries". The Site Review Committee has reviewed the applicant's proposal for installation and maintenance of control devices such as bypass lanes, signage, and pavement markings, and recommends approval of the internal circulation waiver. Recommended Action: Staff has reviewed this request for compliance with the provisions of the Zoning Ordinance and recommends approval of the one-way internal circulation waiver request. With approval of the requested waiver, the Department of Planning and Cormnunity Development can administratively approve the preliminary site plan, subject to the following conditions: Pa~e 4 of 5 STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: ERIC L. MORRISETTE SEPTEMBER 16, 1997 OCTOBER 15, 1997 SP 97-036 FIRST CITIZENS BANK and SDP 97-092 FIRST CITIZENS BANK PRELIMINARY SITE PLAN APPLICANT'S PROPOSAL: The applicant is proposing to construct a bank of approximately 4,650 square feet with four drive-through windows (three standard windows and one automatic teller). Attachment A is a reduced copy of the site plan. PETITION: SP 97-036 First Citizens Bank First Citizens Bank petitions the Board of Supervisors to ~ssue a special use permit for drive-in windows [Sections 31.2.4 and 25.2.2.4 of the Zoning Ordinance] associated with a bank, to be constructed on 1.352 acres zoned HC, Highway Commercial and EC, Entrance Corridor (Attachment D). Property, described as Tax Map 46B4, Parcel 1 [part of] is located on the southern comer of the Route 29 North/Timberwood Boulevard intersection (Attachment B). This site is located in the Rivauna Magisterial District and recommended for Community Service in the Hollymead Community. SDP 97-092 First Citizens Bank Preliminary_ Site Plan Applicant seeks Planning Commission approval of a site plan to construct a branch bank with drive-through windows and an automated teller machine as described above. CHARACTER OF AREA: The property is located on the southem comer of the Route 29/Timberwood Boulevard intersection (Attachment C). Adjacent property zoned PD-SC, Planned Development - Shopping Center [Forest Lakes North Shopping Center] is across Timberwood Parkway to the north. Adjacem property to the east, across Fortune Park Road, is the location of the recently approved Forest Lakes Car Care Cemer [SDP 97-037]. Adjacent property to the southeast and south is the residue property of the subdivision plat currently under administrative review. Gateway Village Townhomes, Zoned R-15 [Residential]; are adjacent to the residue property to the east. Worth Park and McDonalds, zoned C-1 [Commercial] are adjacent to the residue property to the south. Property zoned C-I, Commercial is located to the west, across Route 29 North. Page 1 of 5 This site is a graded and cleared 10t. The proposed property entrance is directly off0fthe proposed Fomme Park Road Extension, which connects Timberwood Boulevard with Worth Crossing. The subdivision plat creating the lot, as well as the Fortune Park Road extension, ~s currently under administrative review. (This site is located at the commercial entrance to the Forest Lakes North Community.) COMPREHENSIVE PLAN: This area is recommended for Community Service in the Hollymead Community. Banks are a listed use in Community Service Areas. This proposal is consistent with the Comprehensive Plan. PLANNING AND ZONING HISTORY: SUB 95-042 Forest Lakes North Commercial Area - On June 12, 1995, the Director of Planning and Community Development signed the plat to create 3 new lots with common area, the Worth Crossing extension, and Fortune Park Road: ZMA 96-026 Forest Lakes Association - On April 16, t 997, the Board of Supervisors approved a rezoaing of 0.1 acre from R-15, Residential, to HC, Highway Commercial. No proffers were attached. REASON FOR PLANNING COMMISSION REVIEW: The drive-in window aspect of this proposal requires special use permit approval by the Board of Supervisors. In accord with Section 4.12.6.2 of the parking regulations of the Zoning Ordinance, the Commission must act on the applicant's request for a modification to allow one-way circulation. STAFF COMMENT: Staff will comment on the special use permit and site plan separately. SP 97-036 First Citizens Bank Recommendation: Staffhas reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recommends approval subject to conditions. Pa~e 2 of 5 09-22-9'7A~ ': C9 ROVD BOARD OF SUPERVISORS September 18, 1997 COUNTY OF ALBEMARLE Dep[. of Planning & Community Developmem 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 Peter Bishop Kimley-Horn & Associates P O Box 33068 Raleigh, NC 27636-3068 RE: SP-97-36 First Citizens Bank Tax Map 46B4, Parcel I (part of) Dear Mr. Bishop: The Albemarle County Planning Commission, at its meeting on September 16, 1997, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following condition: 1. Drive-through windows will be limited to four [4]. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on October 15, 1997. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Eric L. Morrisette Planner ELM/jcl CC: Ella Carey Amelia McCulley Jack Kelsey Roudabush & Gale Associates COUNTY OF ALBEMARLE Department o£Engincenng & Public Works MEMORANDUM IATTACHME NTI~ TO: FROM: DATE: RE: Susan Thomas. Senior Planner Glenn E. Brooks, Senior Engineer 66-t5 1 August 1997 Korean Church (Virginia Land Trust) The sketch plan and special use permit application received on 18 July 1997 has been reviewed. This application is for the church use as well as for access road fill in the floodplain of Flat Branch near its confluence with the North Fork Rivanna River. There is an existing crossing of Flat Branch as show2 on the applicant's sketch plan, with a 48" diameter corrugated metal pipe culvert in fair condition. The existing access road fill is not wide enough to accommodate a road under current private or public road standards, nor the commercial travelway standards of the Zoning Ordinance. Steep wooded river valley slopes surround the proposed site. The sketch plan indicates that the intent is not m disturb these slopes. Ihe floodplain level in this area appears to be dictated by the North Fork Rivanna River downstream, rather than the Flat Branch tributary. Thus, relocating and increamng the amount of fill for the access road crossing should not significantly affect flood levels. The water level downstream of the culvert and access road fill will continue to be dictated by the water level in the North Fork Rivanna River. Upstream of the culvert, in the worst case, water levels will increase above downstream levels enough to push the Flat Branch flow through the submerged culvert. It is recommended a wide enough crossing of the Flat Branch be provided to accommodate any future development of the property beyond the proposed church property, especially if multiple exit lanes are anticipated at the entrance. A left turning lane may be required within the median on Rt. 29. This can be resobzed with the site plan for the church. The University Real Estate Foundation will be installing an entrance at the median break across Rt. 29 and a traffic signal for their North Fork Research Park. Additional signal faces and phases will be required for the church. The Engineering Department recommends approval of the special use permits provided that the following conditions are met: The entrance and Flat Branch crossing are aligned with the North Fork Research Park entrance across Rt. 29, with appropriate signal and mm lane improvements to be incorporated'with the improvements provided by the University Real Estate Foundation. 2. The Flat Branch crossing is to be used for the remainder of the property [T.M. 32-22K~. The site construction is not to disturb the natural water quality buffer of stream and river valley wooded slopes. Page 2 Memorandum: Korean Church. Virginia Land Trust 1 August 1997 The site plan for the church and access road v~41i be subject to Engineenng Department review of all relevant ordinance requirements. Please contact me at your earliest convenience if you have questions or require additional information. GEB/ctj Copy: SP-97-03 File: glenn~komchur.sp 1 To: STHOMAS2 @ SMTP ("Susan Thomas") {sthomas2@co.albemarle.va.us} From: Pete Gotham Subject: Tax Map 32, Parcel 22K Date: 9/3/97 Time: 3:lSPM The subject parcel is not currently in the Service Authority's jurisdictional area. Public water is available from a 12" main in the median strip of Rt. 29. There are currently no plans for bringing public sewer to the east side of Rt. 29 in the vicinity of this parcel. However, depending upon the development of the UREF property on the west side of Rt. 29, we may be looking at a study of options in the next few years for dealing with the long term sewer needs of the North Rivanna area. This may or may not affect the subject parcel in the future with regard to availability of public sewer. Let me know if you have any questions. Pete Thom~ .le. ff~on H~d~h Dbtrl~t P. O. Bo~ ?~46 Chariom~ill~. VA ~29~6-T-~46 (804~ 97~6259 IORANDUM Subjeeu Location of Propert~ T~x Map Numbc~ '~ z - z~V. v C o-r (Jr ' Mr. Ronald S. Keeler Marck PubLic Hearings Page 2 February 1997 A mznimum of s commercial entrance will be required as it exzs~s currently, ~long with a turn and taper lane, Depending upon usage of existing parcels along with long range planning, the 50' and 30' access easemenEs may not be adequate. ~f you have any questions, please advise before releasing to the developer Yours truly, H. W.'Mz±±S Assistant Resident HWM, ldw cc: Irma vonKutzleben J. H. Kesterson DAVID FI. GEHR COMMISSIONER COMMONW%ALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION A. G. TUCKER RESIDENT ENGINESR August 1, 1997 Virginia Land Trust SP-97-03 Ms Susan Thomas Dept. of Planning & Communluy Development 401 McIntire Road Charlottesville, VA 22902 Dear Ms. Thomas: This site may be impacted by possible Route 29 widening or more so with pouential interchange uo serve UREF slue and the long range plan for development of East side of Route 29 In a shorter time frame period, a traffic signal will be provided by UREF for their development and when this occurs the user of the entrance on the East side of Route 29 will be required co furnish signal components for their side. This can possibly be cost shared with UREF. depending how the uwo sites develop and when the signal is warranted. A minimum 100 foot taper and 100 foot turn lane should be installed along NBL Route 29, and this to be extended if there is additional developmenu or usage of property. If there are any further questions or concerns, please conuact this office. Sincerely, H. W. Mills Assistant Resident Engineer HWM ldw TRANSPORTATION FOR THE 21ST CENTURY I ATTACHMENT D t; S[:~'~I] Us~ p~n~t! ^pphcauo~ 2 D~SCILI?TION OF I~:QU~ST: (Pie&se a~a~h ad~i~onal ir~on~on a~ needed) ,IUSTIPICATION: ('Please attach ~d~difional information as needed) ._ :, [ ' I OFFICE USE ONLY .ri 'ZMAs ~'~.of. Authoci~ti~n ~oo~ DAVID R, GEHR COMMISSIONER COMMONWEALTH of VIRQINIA D£PARTMI=NT OF TRANSPORTATION 701 VDOT WAY CI4ARLOq-J'ESVILLE 22911 A. G. TUCKER RESIDENT ENSlNEER February t0. 1997 March 1997 Public Hearxngs Albemarle County Mr. Ronald S. Keeler Dept. of Planning & Community DevelopmenE 401 McIntire Road Charlottesville, VA. 22902 Dear Mr. Keeler: Please find our commencs listed below for March Public Hearing Submittals. SP-97-0~ The Frost Montessori School, Route 20 N. The encrances and existing rzght 5urn lane into Broadus Memorial Baptist Church should be adequate for up 5o 18 children over a two year period. Should the cenEer grow ~n numbers of students, we may need co look a~ xmpacE 5o Route 20 and possible left Eurn lane requmrements. SP-97-02 Mt. Ararat Lodget Route 715 A commercial enmrance with adequace sight distance of 450 feet mn each direction will be required. There may need ~o be a sight easemenn or dedication of ~ 25 foot strip for right of way, which wQuld be preferable across the frontage. SP-97-03 Virginia Land Trustt Route 29 The information available does notzreveal smze of congregation and what usage will be mn educational building. Is this intended co serve as a Day Care Center as well? The site may be mmpacted by possible Route 29 widening or more so with potential interchange co serve UREP sight along with long range developmenm on the easc side of Rouce 29. There should be a proffer available for cosm share of signal installation on the east side should there be a s~gnal installed to serve the UREF site. TRANSPORTATION FOR THE 21ST CENTURY ATTACHMENT C~^RLES WmL~^~r HtJ~tx, M.D. VIRGINIA LAND COMPANY BUILD NG POST OFFICE BOX 8147 July tO, 1997 Ms. Susan Thomas Albemarle County Department of Planning and Community Developmem 40l Mclntim Rd. Charlottesville, Va. 22902-4035 Re: SP 97-03 Virginia Land Trust Dear Susan: In response to your letter dated June 23, 1997, [ am enclosing a sketch of a possible site plan t_hat shows the size and location of a proposed building, location of parking, septic field location and the location of the existing and future access easement for the property. The current size of the congregation is 100 to 125 people. The hours ofthechurch are 6 AM to 2 PM on Sunday and occasionally 7 PM to 9 PM on Sunday and Wednesday evening. There is no intended use of this building for day care or schooling. Dr. Hurt will grant and record the new access easement location when the special use permit is granted for the church. We have submitted a letter from Steve Gooch of Earth Tech. representing that the soils in this area are suitable for a septic field. We are requesting the five year special use permit to provide the church the necessary time after they have purchased the property to raise the funds to pay for the site improvements and building cost. We are also requesting the ability to do the work in the flood plain that is necessary to move the existing entrance to the future location m meet the alignment requirements for the UREF entrance as requested by VDOT. This entrance will eventually serve as access to the property owned by Towers Land Trust. The reason for the current application is the Church's concern is that the county will permit them to construct the church on this site before they purchase the land. Respectfully, Katurah S. Roell S~al U~ P~tmit Application 2 DESCRIF'rlON OF'REQUF_.ST:,. (Please attach additional kl~'ormation ,IUSTLFICATION: (-Please attach additional informanon as neexl~i) I:~G EN'~ KAL~HAI~9~ 0NING'~K1-A(~'~ Pt,'~'KYRM ~ ~ ,g~ 0~ 0,1 L/ ALBEMARLE COUNTY 20 ATTACHMENT A] "'7 / / 56 SP 97-03 Virginia Land Trust WHITE H~LL' a SECTION 32. RIVANNA DISTRICTS The applicant is not applying for site plan approval concurrently with these special use permits, and in fact, the church's request for an extended special use permit term results from the need for additional time in which to raise funds for construction. Based on conversations with the applicant, it does not appear that the site will be developed in the immediate future. Nonetheless, because the future availability of public sewer is unclear, staff has asked the applicant for additional information addressing the suitability of soils for a septic system. The Thomas Jefferson Health District has reviewedthis soils information, and determined that the site can support a system if public utilities are not reasonably available at the time of construction. Correspondence from the Thomas Jefferson Health District is included as Attachment G. A commercial entrance to serve the site wilt be required, and VDOT has stated that when the site is developed, the chumh's entrance (an easement across Parcel 32-22K which will also serve other properties to the south) must be relocated to align with the research park entrance. VDOT has also determined that a turn and taper lane will be required at the time of site development. I'he relocation of the entrance will necessitate grading within the floodplain of Flat Branch, and thus the applicant has requested approval for SP 97- 46. The Albemarle County Engineering Department has visited the site, and determined that the additional fill to cross Flat Branch with the relocated entrance will not create any negative impacts to the area. Engineering Department comments are included as Attachment H. SUMMARY: The proposed church is appropriately located from a land use standpoint in an area designated Neighborhood Density, with good access from Route 29. No adverse impacts to adjacent residential or industrial uses have been identified from the church use (SP 97-03) or floodplain crossing (97-46). Development of the access from Route 29 will affect a number of other properties in the Development Ama, and thus this project has received a higher level of review than a special use permit might under other circumstances. Staff's position is favorable on the special use permits, and the extension of the approval term to 5 years. RECOMMENDED ACTION: Staff recommends approval of SP 97-03 subject to the following conditions: Recommended Conditions of Approval: l'he Korean Community Church shall be operated in accordance with the description provided with the application submitted for SP 97~03, included herein as Attachment B. Changes to this plan of operation may require an amendment to this special use permit. At the time of site development, the applicant shall comply with all requtremems of the Virginia Department of Transportation regarding relocation of the access road, furnishing signal components for the eastern side of the intersection shared by the research park, installation of a turn and taper lane along Route 29, and other requirements described in correspondence from VDOT dated August. 1, 1997 and February. 10. 1997, and included herein as Attachments D and E. At the time of issuance of a building permit, determination of the availability of public water and sewer shall be made by the Director of Planning and Community Development. If water and sewer are determined to be reasonably available, the church shall be required to connect to these utilities. The final site plan shall include a greenway dedication of one hundred (100) feet minimum or that ama necessary for the establishment of the trail. Staff recommends approval of SP 97-46 subject to the following conditions: Grading within the floodplain shall occur only in association with relocation of the entrance road from Route 29. and such grading shall comply with all requirements set forth in the August 1. 1997 memorandum from the Department of Engineering, included herein as Attachment H. ATTACHMENTS: A ~ Location Map B - Applicant's Description - SP for Church C - Applicant's Description - SP for Floodplain Crossing D - February 10, 1997 Letter from VDOT E - August 1, 1997 Letter from VDOT F - September 3, 1997 Memorandum from the Albemarle County Service Authority G - September 3, 1997 Memorandum from the Thomas Jefferson Health District H - August 1, 1997 Memorandum from Department of Engineering A:ISP97d6. RPT Staff has visited the area and is of the opinion that r~egative impacts on surrounding uses will be minimal. The major issue is access from Route 29 North. This location must serve as a major access point to properties to the east and south, and as such its initial design and construction will influence a substantial portion of the Hollymead Community, a Development Area. The Virginia Department of Transportation (VDOT) has stated the church's access road must align with the new research park entrance and furnish traffic signal components for the eastern side of the intersection, Thus. when the church site is developed, the existing entrance will have to relocate approximately 70 feet to the south. Letters received from VDOT are included as Attachments D and E. Minimal conflict is anticipated between the church and research park, and church and adjacent residential area due to differing hours of operation and the relatively low level of church activity relative to the other uses. Areas to the west in the Hollymead Community and north in Piney Mountain are designated for Industrial Service, and thus might be expected to eventually involve activities of equal or greater intensity than the church. The relocation of the access point to align with the research park will require crossing of Flat Branch and placement of additional fill material in the floodplain on the upstream side. When the new access is constructed, it appears unlikely that the applicant will remove the fill material currently in place. No negative impacts to adjacent properties are anticipated since the Flat Branch drainage is relatively small and quite deep. The pipe under the access road would be the major constriction to water flow and it is adequately sized at 48". Eogineering Department comments are included as Attachment H. that the character of the district will not be changed thereby, As mentioned above, the area on the east side of Route 29 is designated for Neighborhood Density in the Comprehensive Plan. It is not anticipated that the proposed church will conflict with this furore residential ute. Similarly, the church is not expected to conflict with the Industrial Service designation to the west and north. and that such use will be in harmony with the purnose and intent of this ordinance, Staff has rev :wed the purpose and intent of the ordinance as stated in Sections 1.4, 1.5 and 1.6. Staff finds no con lict with these provisions of the ordinance. Staff notes that this request to establish a church forwards the intent of the ordinance as stated in the following Sections: 1.4. "To facilitate-the creation ora convenient, attractive and harmonious community;" Relative to 1 te flood plain, the intent and purpose of the ordinance as stated in Section 30.3.1 are to restrict the u xwise use, development and occupancy of lands subject to inundation which may result in: danger to life and property public costs for flood control measures and/or rescue and relief efforts; soil erosion, sedimentation and siltation pollution of water resources; and general degradation of the natara and man-made environment· The landfill activity required to construct the relocated entrance will be limi{ed to that purpose only, and no adverse impacts are anticipated. 3 with the uses uermitted by right in the district. ]?he church and floodplain crossing as proposed will not restrict permitted residential uses on property to the east and south or industrial uses to the north and west. with additional regulations nrovided in Section 5.0 of this ordinance, Section 5.0. Supplementary Regulations. of the ordinance does not address the church use or floodplain crossing. and with the public health, safety_ and general welfare No adverse impact on the public health, safety and general welfare of the County has been identified as a result of the church use or floodplain crossing. Staff's primary concerns are related to access, as previously mentioned, and to development of the site and the need to insure that it is adequate to accommodate construction of the chumh, parking, access, sewer and water. ]?he floodplain districts associated with Flat Branch and the Rivanna River occupy a substantial porti°n of the parcel, which also contains a large area of critical slopes. The site is not located within the jurisdictional area. However, it lies within an identified Development Area in the Land Use Plan and thus is eligible for inclusion in the jurisdictional area by amendment, but no timetable currently exist for extension of public water and sewer to the site. A water line with capacity m serve the church parcel is located in the median of Route 29, and the Albemarle County Service Authority indicates that costs associated with extending a residential tine to the subject parcel would not exceed a standard connection fee. With the requirement ufa fire hydrant, however, a larger line and additional fee would be necessary. Under Section 32.7.6 of the Zon lng Ordinance, if water service is determined to be reasonably available at the time of site plan application, the applicant would be required to connect to it. The closest existing public sewer is a pump station to the west at the research park entrance, but questions exist as to whether capacity and design are sufficient to extend service to this site. Even if there is adequate capacity, extending the line across Route 29 and, possibly, constructing an additional pump station would be very costly. If sewer service is available to the site by the time the church initiates site development, the applicant will be required to connect to public sewer. It is staff's opinion that development of the research park will exert a major influence on extension of public water and sewer into this area, and this development may require resizing and/or relocation of the existing pump station. The preceding discussion describes the current situation only. Because this area is anticipated to undergo substantial change and development in the near future, staff suggests that the determination of water and sewer availability to this site be made at the time of issuance of the building permit so that the most current engineering information can be used for the determination. Correspondence from the Albemarle County Service Authority is included as Attachment F. STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Susan E. Thomas September 16, 1997 October 15, 1997 SP 97-03 Virginia Land Trust (Korean Community_ Church) SP 97-46 Virginia Land Trust (Korean Community_ Church~ - Floodplain Crossing Applicant's Pronosal: The Korean Community Church is requesting a special use permit to establish a chumh of approximately 7,500 square feet on a parcel of 5.22 acres. The congregation currently has 100- 125 members, and meets Sunday mornings from 6 a.m. to 2 p.m.. and occasionally on Sunday and Wednesday evenings from 7 p.m. to 9 p.m. No day care or school usage of the building is proposed. A special use permit is also requested for crossing of the Flat Branch floodplain, which will be necessary to realign the access road to match the proposed crossover relocation to serve the North Fork Research Park entrance. The applicant is also requesting a five year approval term for the special use permit The ~wo special use permit requests and request for an extended approval term are being reviewed concurrently and are addressed in this staff report. A location map is included as Attachment A. Attachment B is the applicant's special use permit request for the church: Attachment C is the applicant's request for a floodplain crossing. Petition: Petitions to allow construction of a 7.500 square foot church [10.2.2.35] and crossing of the floodplain [30.3.6] on approximately 5.22 acres zoned RA, Rural Areas, and Flood Hazard Overlay District. located on the eagt side of Route 29 North approximately 1-1/2 miles north of Proffit Road. This site, described as Tax Map 32, Parcel 22K Lot A, is located in the Rivanna Magisterial District and in the Hollymead Community, a designated Development Area. The applicant is asking the Board of Supervisors for a five year approval term for both special use permits [31.2.4.4] to allow the church congregation to raise sufficient funds for construction. Character of the Area: The proposed site is currently undeveloped. It lies east of the North Fork Research Park ~vhich is directly across Route 29 North, and would utilize the research park's relocated crossover for access. The North Fork Rivanna River forms the northern and eastern boundary of thc pamel. Flat Branch flows along the western boundary, adjacent to Route 29. and the relocated access would require crossing the Flat Branch floodplain. Land north of the river and to_the south is undeveloped. RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of sections 3 1.2.4.1 (criteria for approval of special use permits), 30.3.6 (criteria for issuance of a landfill permit for floodplain alteration), and 31.2.4.4 {revocation, alternative time limits for approval of special use permits) of the Zoning Ordinance and recommends approval of the SP 97-03 [churchl and SP 97-46 [floodplain crossing]. Planning and Zonin~ History: This parcel was created through an exempt plat approved signed January 21, 1997. Comprehensive Plan: The proposed church lies within an area designated Neighborhood Density (6.01-34 dwelling units per acre] in the Land Use Plan. This Neighborhood Density designation extends from the North Fork Rivanna River (located immediately north of this parcel) south for approximately one half mile along the east side of Route 29. From the river north for approximately two miles the land adjacent to Route 29 is designated Industrial Service (Piney Mountain). West of the subject parcel is another large area designated Industrial Service in the Comprehensive Plan (North Fork Research Park). This parcel has river frontage along the North Fork Rivanna River. The Land Use Plan recommends that a greenwa~ be established along the river. This area is also included in the more detailed greenway system plan currently under discussion in the Comprehensive Plan review Because the proposed trail follows the river, at the base of an area of critical slopes, it would not affect the developable portion of the site. The church has indicated that it would be agreeable to including this greenway dedication on the final site plan. STAFF COMMENT: Once the special use permits have been approved, a site plan will be required and may be approved administratively. Under Section 31.2.4.4 of the Zoning Ordinance, the Board of Supervisors may grant an extension to the usual two year approval term for a special use permit. Staff opinion is that certain uses such as churches, day care. and schools contribute to the well-being and moral fiber of the communit~~. In this posture, staff review is confined to issues of physical development while other considerations of appropriateness of the use to a given location are a matter of legislative discretion. Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Sunervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use hermits for uses as nrovided in this ordinance may be issued upon a findine by the Board of Sunervisors that such use will not be of substantial detriment to adjacent property_, 2 October 8, 1997 COUNTY OF ALBEMARLE Dept. of Planning & Community Developmem 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 Katurah S. Roell 195 Riverbend Drive Charlottesville, VA 229 t 1 RE: SP-97-46 Virginia Land Trust (Korean Community Church) Floodplain Crossing Tax Map 32, Parcel 22K, Lot A ~ Dear Mr. Roell: The Albemarle County Planning Commission, at its meeting on September 30, 1997, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: Grading within the floodplain shall occur only in association with relocation of the entrance road from Route 29, and such grading shall comply with all requirements set forth in the August 1, 1997 memorandum from the Department of Engineering, included herein as Attachment I. The site construction is not to disturb the natural water quality buffer of stream and river valley wooded slopes. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on October 15, 1997. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Senior Planner SET/jcf ; ecl Ca Care>' Amelia McCulley Jack Kelsey Page 2 October 8, t 997 The final site plan shall include a greenway dedication of one hundred (100) feet minimum or that area necessary for the establishment of the ~xail, - The use, structure or activity for which this permit is issued shall commence within five years from the date this permit is issued. The term "commenced" shall mean commencement of any structure necessary for the use of the permit. The site construction is not to disturb the natural water quality buffer Of stream and river valley wooded slopes. At the time of site plan submittal, the applicant shall work with the Engineering Department and the Water Resources manager, to the extent practical, to locate the road access out of the critical slopes and shall incorporate a stormwater management plan that addresses water quality issues as well as water quantity. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on October 15, 1997. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate ro contact me. Sincerely, omas / Senior Planner SET/jcf cc: EltaCarey Amelia McCulley Jack Kelsey KaturahS. Roell BOARD OF SUPERWSOR S i0-08-¢7P04:28 RCV[ COUNtrY OF ALBEMARLE Dept. of Planning & Community Development 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 October 8, 1997 Charles W. Hurt, Trustee Virginia Land Trust 195 Riverbend Drive Charltotesville, VA 22911 RE: SP-97-03 Virginia Land Trust Tax Map 32, Parcel 2K, Lot A Dear Mt. Hum The Albemarle County Planning Commission, at its meeting on September 16, 1997, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: The Korean Community Church shall be operated in accordance with the description provided with the application submitted for SP 97-03, included herein as Attachment C. Changes to this plan of operation may require an amendment to this special use permit At the tune of site development, the applicant shall comply with all requirements of the Virginia Department of Transportation regarding relocation of the access road, furnishing signal components for the eastern side of the intersection shared by the research park, installation of a mm and taper lane along Route 29, and other requirements described in correspondence from VDOT dated August 1, 1997 and February 10, 1997, and included herein as Attachments E and F. At the time of issuance of a building permit, determination of the availability of public water and sewer shall be made by the Director of Planning and Community Development. If water and sewer are determined to be reasonably available, Xhe church shall be required m connect to these utilities. BOARD OF SUPERVISORS 10-09-97P04:26 RCVD TO: FROM: DATE: RE: COUNTY OF ALBEMARLE Department of Planning & Community Developraen~ MEMORANDUM 804/296-5823, ext. 3252 fax 804/972-4035 Albemarle County Board of Supervisors Elaine K. Echols, AICP, Senior Plmmer October 8, 1997 Daniel Bicker Rezonlug: Ashton Woods Changes to Proffers Received October 7, 1997 At the September 30 Planning Commission meeting, the Planning Commission recommended approval of the Daniel Bieker rezoniug with acceptance of proffers and the following recommended changes: Clarification in the proffers that clearing of trees for road and home construction would include the ability to clear trees for utility installation. 2. Extension of the common area path to Glenmore Way Mr. Bieker has submitted the attached revised proffers which address the Planning Commission's recommendations. Regarding the extension of the common area path, the Planning Commission suggested that the path be made available for Glenmore residents to use for access to the fire station. Mr. Bieker considered this suggestion. Since the path is not proposed as a public path that would be maintained by a public entity such as the County though, Mr. Bieker did not feel h fair to obligate a future homeowner's association to maintain a path for use by residents other than those belonging to the homeowner's association. As a result, he has only proffered a path to "be extended to Glenmore Way for the benefit of Ashton Woods residents." Staff believes that the extension of the common area path to Glenmore Way would be advantageous to the residents of Ashton Woods as it would provide direct access outside of the vehicular travelway m Glenmore Way. The Glenmore community has other direct access through an existing trail to the fire station property. As a result, staff does not believe it is necessary for additional pedestrian access to be provided through the Ashton Woods community for Glenmore residents. ACTION: Staffrecommends approval of the re'zoning with the revised proffers dated October 7, 1997. JATTACHHENT C J Original Proffer Amended Proffer (Amendment # ) PROFFER FORM Date: 7 oct 1997 ZMA # Tax Map Parcel(s) # 79-25A 5.00 Acres to be rezoned from RA to R-6 Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly aulborized agent, hereby voluntarily proffers the conditions listed below which shall be applied to Ihe properly, if rezoned. These conditions are proffered as a pad of lhe requested rezomng and it is agreed thai: (1) Ihe rezoning ilsel[gives rise to the need for tile condilions; and (2) such condilions have a reasonable relation to Ihe rezoning requested. (1)' Conceptual plan showing general location of roads, housing and common space. (2) Uses restricted to single family residential, recreation, and open space; maximum of 24 single family attached units in 12 structures. (3) Private roads, common space, and parking areas to be owned and maintained by homeowners' association. (4) Pedestrian access to common recreation space and East Rivanna Fire Station to be provided. (5) Utilities to be underground. (6) Homeowners' association covenants will prohibit exterior lighting fixtures that are not shielded to prevent glare and minimize light pollution. (7) Tree cover to be m~intalned except where necessary for road and home construction and utility ihstallation and maintenance. (8) 15' existing tree buffer to be maintained around perimeter of property.. (9) The common area path from the common space to the private road will be extended to Glenmore Way for the benefit of Ashton Woods residents. Signatures ct' All Owners Daniel Bieker Printed Names o1' All Owners Printed Name of Attorney-in-Fact 7 Oct 97 Da(e OR Signature of Attorney-in-Fact (Atlach Proper Power of Atlorney) B©ARD OF SUPERVISORS lO-08-g7Po~. :3? R~,VD October 7, 1997 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mclntire Road Charlottesville, Virginia 229024596 ~804J 296-5823 Daniel Bieker 4174 Laird Lane North Garden, VA 22959 RE: ZMA-97-04 Daniel Bicker Tax Map 79, Parcel 25A Dear Mr. Bieker: The Albemarle County Planning Commission, at its meeting on September 30, 1997, recommended approval of the above-noted petition to the Board of Supervisors. The Planning Commission recommended acceptance of the proffers as oUtlined in Attachment C (copy attached) with the following suggested changes: Proffer # 7 related to maintenance of tree cover except where necessary for road and home construction include a provision for the installation of utility lines. 2. The pedestrian path shown on the cofl~eptual plan extend to Glenmore Way. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on October 15. 1997. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Elaine K. Echols, AICP Senior Planner EKE/jcf cc: Amelia McCulley / / N~a Carey Jack Kelsey PROFFER FORM I ATTACHMENT Original Proffer Amended Proffer (Amendment # Date: 22 Sep 97 ZMA # Tax Map Parcel(s) # 79-25A 5.00 Acres to be rezoned from RA to R-6 Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance the owner, or its duly authorized agent, hereby volunlarily proffers lhe conditions tisted beloW which shall be applied to the property, if rezoned. These condili0ns are prof~red as a pad of the requested rezoning and it is agreed that (1) the rezoning itself gives rise to the need Ar tile conditions; and (2) such conditions have a reasonable relation to the rezoning requested. (1) Conceptual plan showing general location of roads, housing and common space. (2) Uses restricted to single family residential, recreation, and open space; maximum of 24 single family attached Units in 12 structures. (3) Private roads, common space, and parking areas to be owned and maintained by homeowners' association. (4) Pedestrian access to common recreation space and East .Rivanna Fire Station to be provided. (5) Utilities to be underground. (6) Homeowners' association covenants will p~ohibit exterior lighting fixtures that are not shielded to prevent glare and minimize light pollution. (7) Tree cover to be maintained except where necessary for road and home construCtiOn, (8) 15' existing tree bdffer to be maintained around perimeter of property. ] .~-~/~z,~__..'~ Daniel Bieker Signatures of Ail Owners Printed Names of All Owners 22 Sep 97 Date OR Signature of Atlorney-in-Fact (Allach Proper Power of Altorney) Prinled Name of Attorney.in-Fac~ STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: ELAINE K. ECHOLS, AICP SEPTEMBER 30, 1997 OCTOBER 15, 1997 ZMA 97-04 Daniel Bieker Rezoning Request Applicant's Proposal: The applicant's proposal is to rezone a 5 acre parcel located near the entrance to the Glenmom development in the Village of Rivauna from RA Rural Area to R-6 Residential with proffers. Specifically, the applicant would like to rezone his property to develop it into a residential neighborhood with 24 single-family attached units as described and proffered (See Attachment C): 5. 6. 7. 8. Conceptual plan showing general location of roads, housing, common open space. (See Attachment D) reduced copy of the proffered conceptual plan which shows topography, common recreation area, general road layout, and general layout of buildings and parking in relation to the road and the rest of the property, dated 8/6/973 Uses restricted to single family residential, recreation, and open space: maximum of 24 single family attached units in 12 structures. Private roads, common open space, and parking areas to be owned and maintained by a homeowner's association. Pedestrian access to the common recreation space and East Rivauna Fire Station property to be provided. Utilities to be underground. Homeowners association covenants will prohibit exterior lighting fixtures that are not shielded to prevent glare and minimize light pollution. Tree cover to be maintained except where necessary for road and home construction. 15' existing tree buffer to be maintained around perimeter of property. Petition: Petition to rezone 5.0 acres from RA Rural Areas to R-6 with proffers. Property, described as Tax Map 79 Parcel 25A, is located in the Rivanna Magisterial District in the Rural Area (RA) zoning district and is recommended as for Neighborhood Density on the Land Use Plan. (See Attachments A & B.) Applicant's Justification for the Request: The applicant is making the request in order to provide for neighborhood development in the Rivarma Village that is in keeping with the Land Use Plan. Character of the Area: The area is characterized by small and large lot rural housing, undeveloped heavily vegetated property, and the Glenmore Planned Development. Gleumore ~s zoned PRD and contains a golf course, equestrian center, and a variety of housing types. RECOMMENDATION: Staff has reviewed the proposal for conformity with the Comprehensive Plan and the Zoning Ordinance and recommends approval with proffers submitted by the applicant. Planning and Zoning History_: The property is located adjacent to Glenmore Way and Ashton Road. It has full development rights; however, the size of the parcel would yield only two lots. It is currently undeveloped and has no subdivision history. Comprehensive Plan: The property in question is designated for Neighborhood Density Residential (3 - 6 alu/acre) in the Rivanna Village. Specific recommendations in the Comprehensive Plan for Rivanna Village relate to: preservation of floodplain and critical slopes upgrading of Route 250 East retaining the Village boundary as designated on the plan reserving water capacity for a potential new school not adding commercial area to the Village encouraging the development of an internal road network for the Village potentially allowing public service facilities in the Village that are consistent with the Community Facilities Plan This development meets all of these requirements for the Rivanna Village; it does not require the upgrading of Route 250 East. The Inflll Development Policy from the Land Use Plan applies to this area and contains the following General Land Use Standards for Designated Development Areas: · concentrate and cluster development to protect environmental features · maintain existing forested areas acting as buffers between subdivisions · minimize the impact of development on major roads by limiting access points · maximize a sense of community by providing connections between developments; such connections may provide for additional recreational facilities, increased open space area, bicycle/pedestrian links, improved public transit, emergency access, and access to schools, parks, and other public facilities provide for future transportation improvements require underground utilities in new developments include features to prevent impact from impervious surfaces on water quality encourage building orientation to public streets; parking areas do not need to be located exclusively in front of buildings wh~re site illumination is proposed, use down-directed and shielded lights adaptively reuse historic buildings ensure that phasing of developments matches service and infrastructure availability and capacity make overall development density be as high a level as ~s practical maintain the integrity of adjacent residential areas through use of buffering, screening, and separation of adjacent non-residential uses design development with an internal orientation to foster a sense of place and avoid the image of continuous suburban sprawl provide for innovative design that reduces housing costs base lot design and residential layout on a rational use of land that reflects topographic and other physical features In all but three ways, this proposed development meets the general land use standards for designated development areas, residential land use, and residential development design. Two standards Which are not met with this development are "providing for future transportation improvements" and "adaptively reusing historic buildings". Adjoining properties do not need access through this parcel and there are no historic buildings on the site. Regarding pedestrian access, the proposed development shows an off-road pedestrian connection through the common recreation space from one part of the development to another. This path will allow for better utilization of the recreation area. A path to the Rivanna Fire Station is also proffered which would provide pedestrian access to the Fire Station for community activities and to the school site (which was proffered with the GlerLmore rezoning). The Land Use PIan suggests that pedestrian access throughout the development be provided. With a development of this scale, the developer has suggested that the private roads can provide for pedestrian access throughout the development and the off-road trails can connect residents to each other and the adjoining publicly owned property. Staff believes that, with the scale and character of the proposed development and with the trail already proposed, that additional pedestrian walkways are nor necessary. STAFF COMMENT: Relationship between the application and the nurnose and intent of the requested zoning district The R-6 zon'mg district exists to provide for compact, medium-density residential development; to permit a variety of housing types; and to provide incentives for clustering of development and provision of locational, environmental and developmental amenities. The proposed rezoning meets all of the purposes and intents of the requested zomng district. Public need and iustification for the change The public need for the proposed zoning change is to provide for housing that is innovative, clustered, served by public facilities and services in a designated development area, in accordance with the Comprehensive Plan. Anticinated impact on public facilities and services Water and Sewer - The applicant intends to provide public water and sewer to the development. According to the Service Authority, capacity is available. Water lines are adjacent to the property; extension of sewer lines will be necessary to serve the development. Roads - Glenmore Way provides access to the property but the entrance to the development will cross property owned by the Kessler Group. A commitmem has been made by the Kessler Group for the necessary easement and a commercial driveway entrance using VDOT standards will be required into the site. No adverse impacts on the exist'mg road network are anticipated. The applicant is requesting approval to use private roads within the developmem in order to provide parking which can use the roadway for maneuvering and in order to limit the amount of land clearing in the right-of-way (See Attachment D). Section 18-36 (b) (4) allows for private roads for subdivisions into "lots and/or units to be occupied exclusively by residential structures other than single-family detached dwellings". The Engineering Department has reviewed the request for use of private roads and supports a private road designation using Mountainous Terrain standards, according to Sections 18-36 (b) (4) and 18-36 (e) (See attachment E.) Stormwater management - No stormwater detention facilities are required for this development; drainage improvements will be provided with the road network. Fiscal Impact to Public Facilities - At the request of the Board of Supervisors, the planning staff reviews rezoning requests for their fiscal impact on public and ~ransportation facilities. This analysis is limited to those rezonings that have some affect on facilities that are identified in our CIP or Six Year Road Plans and have a cos~ associated with them. The analysis is based on a fair share determination of a particular development's impact to affected facilities. It must be pointed out that this analysis is cursory, due to lack of information on revenues and the amount attributable to the proposed development. The costs outlined by staff only indicate the proportionate share of construction cost for the additional development generated by the rezoning over by-right development. Facility Improvement and Impacts: The following improvements are indicated for facilities which will be affected by the rezoning request: A. Transportation - No projects are identified in the CIP or Six Year Plan. Schools - Schools affected by this proposal are Stone Robinson Elementary, Burley Middle School, and the new Monticello High School. Stone Robinson and Monticello High School have projects in the current CIP. The Stone Robinson Elementary project includes $290,000 in maintenance projects for roof replacement and HVAC renovations plus $2,664,000 for a building addition to bring school capacity from 484 to 616. Based on student multipliers currently used by the County, this project will result in a total of 5 elementary school students. This figure represents an increase of 5 elementary school students over the amount which would be generated under the existing zoning. The cost for the Stone Robinson maintenance and building addition projects would be $23,632 or $985 per anit. The new Monticello High School projects include completion of the high school and a proposed expansion in 2002 to take the facility from 1000 to 1500 capacity. Total cost would be $17,287,697. Costs attributable to this development based on the proportion of students would be $22,993 or $958 per unit. Parks and Recreation - The Monticello High School recreation facilities for the community are projected at $68,500. Costs attributable to this development are $161, which yields a cost of $7 per unit. Libraries - The proposal is considered to be in the service area of the Main Library. Two projects are identified in the CIP: Library Computer Upgrade - $300,000 Library Maintenance/Replacement Projects - $118,500 Based on the service area and capacity of the facility and residents located in the service area, a total of $983 is attributable to this development or $41 per unit. Summary of Fiscal Impacts PROJECTS TOTAL PROPOSED SHARE COST/DWELLI COST NG UNIT Stone Robinson ES Roof Replacement $105,000 $840 $35 Stone Robinson ES HVAC Renovation ' $185,000 $1,480 $62 Stone Robins ES Building Addition $2,664,000 $21,312 $888 Monticello HC Completion of School $16,957,697 $22,554 $940 Monticello HS Building Addition $330,000 $4,389 $183 Monticello HS Recreation Improvements $68,500 $161 $7 Library Computer Upgrade $300,000 $705 $30 Library Maintenance/Replace mtn Projects $118,500 $278 $12 TOTAL $20,728,697 $51,719 $2156 Because of the very general nature of this analysis, staff is not recommending any action based on these estimates. They are presented for the Commission and Board's information concerning the fair share detenuination ora particular development's impact on facilities based on the cost of the proposed improvements and without regard to revenue sources and proportionate share of revenues generated by the developmem. Anticipated impact on natural, cultural, and historic resources No impact is expected on cultural and historic resources. Tree cutting will take place for the roads and the building sites. Other vegetation is planned to remain so that the impact on the natural environment is minimized. Critical slopes, as identified on the proffered conceptual plan, are avoided. Anticipated imnact on nearby and surroundin~ nrooerties No impact is anticipated on nearby and surrounding properties. The Glenmore development adjoins the property but the development proposed should not be visible from the homes at Glenmore. An additional 240 vehicle trips per day will not impact the surrounding properties or the public road system. The Virginia Department of Transportation is monitor'mg traffic levels at Glenmore Way and Route 250 East to determine when a traffic signal is warranted. Glenmore Associates will provide the signal at the time it is warranted. SUMMARY: The proposed rezoning represents a development plan for a new neighborhood in the Village of Rivauna. As this property is not part of the Glenmore development, it offers more diversity of development in the Village. It contains many elements ora planned development and the plan will be implemented through the proffers and the subdivision process. It addresses fourteen of the sixteen criteria for infill in the Land Use Plan. The remaining two criteria don't apply. The issue of pedestrian access is a minor one which could be overcome with an off-road path adjacent to the private road. Staffhas identified the following factors which are favorable to this request: The proposed rezoning meets the Rivanna Village and infill goals identified in the Comprehensive Plan. The applicant has proffered restrictions on the property to ensure that the development occurs in such a way as to further the goals of the County. Staff has identified the following factors which are unfavorable to this request: 1. Pedestrian access has not been provided throughout the development. RECOMMENDED ACTION Staff recommends approval of this request and acceptance of the proffers. ATTACHMENTS: A - Location Map B - Tax Parcel Map C - Proffers D - Copy of Proffered Conceptual Plan 8/6/97 E - Applicant's Request for Private Roads F - Engineering Comments Relative to Request for Private Roads I:\GENERAL\SHARE\JANICEXBIEKER.RPT ALBEMARLE COUNTY Z~IA 97-04 DANIEL BIEKER 8O ° ?B RIVANNA AND SCOTTSVILLE DISTRIGTS SEGTI ON 79 Date: 22 see 9'7 ZMA# PROFFER FORM Original Prdffe, Amended Proffer Amendment # Tax Map Parcel(s) # 79-25A 5.00 Acres to be rezoned from AA To R-6 Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied Io the property, if rezoned. These conditions are oroffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for lhe conditions; ana (2) such conditions have a reasonable relation to the rezoning recuested. (1) (2) 6) 7) 8) Conceptual plan showing general location of roads, housing and common space. Uses restricted to slngte family residential, recreation, and open space; maximum of 24 single family attached units in 12 structures. Private roads, common space, and parking areas bo be owned and maintained by homeowners' association. Pedestrian access to common recreation space and East Rivanna Fire Station to be provided. Utilities to be underground. Homeowners' association covenants will prohibit exterior lighting fixtures that are not shielded to prevent glare and minimize light pollution. Tree cover to be maintained except where necessary for road and home construction. L5' existing tree buffer to be maintained around perimeter of property. -~-~~ / ~/~--~,_ Daniel Bieker Signatures of Al, Owners Printea Names of All Owners 22 Sep 97 Date Signature of Atlorne,,,,qn-Fact [Attach Proper Power of Attorney) OR Printed Name of At[om%-in-Fact LATTACHHENT E] Request For Private Road Designation Owner is seeking private road designation for the two culdesac roads on the development of TM 79 Par 25-A, for the following reasons: (1) (2) (3) The focus of this development is to construct and integrate the housing units in harmony with the existing topography and vegetation (wooded). This would include minimal tree clearing, soil disturbance, and blacktopping. Private road designation would permit less tree clearing along the roadways. Private road status would allow homeowners more flexibility with signage and maintenance. Private roads would be consistent with the majority of development in Rivanna Village (Glenmore). ~Oi~i 15 O 1997 TO: FROM: DATE: RE: COUNTY OF ALBEMARLE Department of Engineering & Public Works MEMORANDUM Elaine Echols, Senior Planner Glenn E. Brooks, Senior Engineer ~ 3 July 1997 Bicker Rezoning, private road request The plan showing the proposed road alignment submitted with the request for private roads, received on 20 June 1997, has been reviewed, this request has been reviewed according to section 18-36 of the Subdivision Ordinance, and the 1996 VDOT Subdivision Street Requirements. With the requested zoning, a private road may be granted under section 18- 36(b)(4) of the Subdivision Ordinance, without a grading comparison {as would be required under section 18-36(b)(1) } .' The majority of the site and most of the proposed road alignment contains slopes of less than 15%. The exception is the ravine near the cul-de-sac of the larger road. which is slightly steeper than 15%. According to VDOT standards a public road along this alignment would require Roiling Terrain classification. A private road would also reqmre a Rolling Terrain classification according to the Subdivision Ordinance, section 18-36(e), table B. The Rolling Terrain standards limit road grades to 10%. A private road designation using Mountainous Terrain standards would allow grades in excess of 10%, which can be authorized by the Planning Commission according to section 18-36(e). Allowing grades ih excess of 10% would reduce grading impacts on the site. This road does not meet the criteria established by VDOT for obtaining a variance to use Mountainous Terrain standards on public roads. Refer to the attached memorandum f~om A. G. Tucker, VDOT Resident Engineer. A variance of the vertical curve sight distance in the critical road section through the ravine is not obtainable, variances of this type are based on reduced speeds. Since the design speed for this road will be 20 mph, the lowest design speed permitted, a variance cannot be justified. the parking bays proposed along the road would not be permitted as shown if the roads were to be public. A private road designation would allow the County to be more flexible in allowing parking bays with proper drainage. The County has permitted parking bays on private roads in areas of high density and difficult topography. This improves accessibility and can lessen the impacts of grading and paving on the site. Based on the review presented above, the Engineering Departmem is in support of a private road designation using Mountainous Terrain standards, according to Subdivision Ordinance sections 18-36(b)(4) and l 8-36(e). ~P~ge 2 Memorandum: Bieker rezomng 3 July 1997 Please contact me at your earliest convenience if you have questions or require additional information. GEB/ybv Attachment (VDOT letter) Copy: ZMA~97-04 File: glenn'xBIEKER..Z 1 Dear Ma. Hi~: sino~raly, cc: J, A. De~anqU~Im, D. R. A~kew