The URL can be used to link to this page

Home My WebLink About1998-07-15 FINAL 7:00 P:M. JULY 15, 1998 iMEETI'NG ROOM 241, sECOND ELOOR 1. Call to Order. 2. Pledge of Allegiance. 3. Moment of Silence. 4, Other Matters Not Listed On the Agenda from the PUBLIC. 5. Consept Agenda (on next sheet); 6. PUBLIC HEARING on an ordinance to adopt and enact a new code for the County of Albemarle, Virginia, to be entitled, "The Code of Albemarle County, Virginia, 1998". A. STA-98-0t. Subdivision Ordinance. PUBLIC HEARING to consider an ordinance to amend the Subdivision Ordinance to reflect the Code of Virginia & current practice related to Validity of Plans, Length of Review Prior to Action, Notification, Appeals & Administrative Procedural Matters: (1) amend to codify current administrative review process; (2) amend to revise time period for site plan/subdivision review; (3)amend to revise rime period of validity of site plans/ subdivision plats; and (4) amend content of preliminary & final site plans & subdivision plats (continued from June 17, 1998). B. PUBLIC HEARING to consider imposing or increasing certain fees in an ordinance to recodify Chapter 18, Subdivision of Land (continued from June 17, 1998). 7. ZTA-98-06. Section 32.0 Site Plan of the Zoning Ordinance. PUBLIC HEARING to confider an ordinance to amend the Zoning Ordinance as follows: (1) amend to codify current administrative review process; (2) amend to revise time period for site plan/subdivision , review; (3) amend to revise time period of validity of site plans/subdivision plats; (4) amend content of preliminary & final site plans & subdivision plats (continUed from Jtme 17, 1998). 9. Ceruf5 .................. (Removed from agenda.) 10. , Approval of Minutes: July 3 and December 11(N), 1996; August 6, 1997; and February 18, 1998: 11. Other Matters not Listed on the Agenda from the BOARD. 12. Adjourn. CONSENT AGENDA FoR. APPROVAL: 5.1 Adopt Resolution of Intent to amend the Zoning Ordinm~ce to add environmental restoration projects as a use by-right in the Flood Hazard Overlay District in certain cases and add a definition for "bank erosion structure". 5.2 Adopt Resolution regarding VDOT construction of telecommunication facilities (deferred from July 8, 1998). 5.2a Request to set a public hearing for August 5, 1998, to authorize right-of-way dedication to Mill Creek Drive. FOR INFORMATION: 5.3 Monthly npdate on the FY 1997/98 Proiect Schedule for the Department of Engineering & Public Works as of June 24. 1998. 5.4 Copy of letter dated June 22. 1998. from 1. T. Mills_ State Location and Design Engineer. Deparrmen~ of Transportation, providing notice that tim Commonwealth Transportation Board has approved the location and major design features for the Route 631 (Rio Road project (from Brookway Drive to Stonebenge Road). 5.5 Copy of minutes of the Albemarle-Charlottesville Regional Jail Board Authority for May 14. 1998. 5.6 Notice that the County of Albemarle has received the Certificate of Achievement for Excellence in Financial reporting by the Government Finance Officers Association (GFOA) for its Comprehensive Annual Financial Report (CAFR). 5.7 Copy of the Albemarle County Service Authotity's operating budget for the fiscal year beginrting July 1, 1998. ACTIONS Board of Supervisors Meeting of July 15, 1998 July 16, 1998 5.2. 5.2a. 5.3. 5.4. AGENDA ITEM Call to order. Other matters from the Public. Consent agenda. Adopt Resolution of Intent to amend Zoning Ordinance to add environmental restoration projects as use by-fight in Flood Hazard Overlay District in certain cases and add definition for "bank erosion structure". ADOPTED. Adopt Resolution regarding VDoT construction of telecom facilities (deferred from July 8, 1998). ADOPTED. Request m set a public hear'rog for August 5, 1998. to authorize right-of-way dedication to Mill Creek Drive, SET PUBLIC HEARING. Monthly update on the FY 1997/98 Project Schedule for the Department of Engineering & Public Works as of June 24, 1998. RECEIVED FOR INFORMATION. Copy of letter dated June 22, I998, from J. T. Mills providing notice that the CTB approved the location and major design features for Route 631 (Rio Road) project Ifrom Brockway Drive to Stonehenge RoadL RECEIVED FOR INFORMATION. AS SIGNMENT The meeting was called to order at 7:00 p.m. All members of the Board of Supervisors were in attendance except Ms. Thomas. Planning: Edit and make a copy of tape from 7/14/98 Planning Commission meeting and provide it to Board Office to make available to Board members prior to August 5 Board meeting. Clerk: Send copy of Resolution in Planning Action letter. Clerk: Send copy of Resolution in Planning Action letter. Send copy to Secretary of Transportation, Commissioner of Transportation. Angela Tucker. our Commonwealth Transpoffttion Board representatives. the Governor. and state legislators. Clerk: Advertise public hearing. None. None. 5.5. 5.6 5.7 9. 10. 11. 12. Copy of minutes of the Albemarle-Charlottesville Regional Jail Board Authority for May 14, 1998. RECEIVED FOR INFORMATION. Notice that the County received the Certificate of Achievement for Excellence in Financial reporting by GFOA for its CAFR. RECEIVED FOR INFORMATION. Copy of the ACSA's operating budget for the fiscal year beginning July 1, 1998. RECEIVED FOR INFORMATION. PH on ordinance ro adopt and enact new code for the County, to be entitled, "The Code of Albemarle County, Virginia. 1998". DEFERRED UNTIL AUGUST S. A. STA-98-01. Subdivision Ordinance. PH to consider impoffmg or increasing certain fees in ordinance to mcodify Chapter I8, Subdivision of Land (continued from June 17, 1998). ZTA-98-06. Section 32.0 Site Plan of the Zoning Ordinance. DEFERRED UNTIL AUGUST 5. removed from agenda.) ...... ~ .................. (Item removed from agenda.) Approval of Minutes: July 3 and December 11(N), 1996; August 6, 1997; and February 18. 1998. Other Matters from the Board. THERE WERE NONE. None. None. None. County Attorney: Complete revision of draB, Clerk: Schedule on August 5. 1998 agenda. Cl~rk: Schedule on August 5. 1998 agenda. C!qrk: Schedule on August 5, 1998 agenda. Clerk: Make necessary corrections. Obtain Chairman's signature, file. None. lbh Distribution list: Board of Supervisors County Executive and staff Kevin Casmer Wayne Cilimberg Larry Davis Bill Mawyer Amelia McCull%v Bmce Woodzell I N T E R 0 F F I C E MEMO To: From: Subject: Date: V. Wayne Cilimberg, Director of Planning and. Community Development Laurel B. Hall, Senior Deputy Clerk July 15, 1998 Board of Supervisors Meeting July 16, 1998 The following actions were taken by the Board at its meeting on July 15, 1998: Agenda Item No. 4. Other Matters Not Listed on the Agenda from the Public. The Board asked that Planning staff edit and record a copy of the tape of the minutes from the July 14 Planning Commission meeting and make it available to the Board members for review prior to the August 5.1998 Board meeting. Agenda Item No. 5. Consent Agenda. Item No. 5.1. Adopt Resolution of Intent to amend the Zoning Ordinance to add environmental restoration projects as a use by-right in the Flood Hazard Overlay District in certain cases and add a definition for "bank erosion su'ucture". ADOPTED. Copy of Resolution attached. Item No. 5.2. Adopt Resolution regarding VDOT construction of telecommunication facilities (deferred from July 8, 1998). ADOPTED. Copy of Resolution attached. Item No. 5.2a. Request to set a public hearing for August 5, 1998, to authorize right-of- way dedication to Mill Creek Drive. SET PUBLIC HEARING FOR AUGUST 5, 1998. Agenda Item No. 6. Public heating on an ordinance to adopt and enact a new code for the County of Albemarle, Virginia, to be entitled, "The Code of Albemarle County, Virginia, 1998". DEFERRED UNTIL AUGUST 5, 1998. STA-98-01. Subdivision Ordinance. Public hearing to consider an ordinance to amend the Subdivision Ordinance to reflect the Code of V. Wayne Cilimberg Page 2 July 16, 1998 Virginia & current practice related to Validity of Plans, Length of Review Prior to Action, Notification, Appeals and Administrative Procedural Matters: (1) amend to codify current administrative review process; (2) amend to revise time period for site plan/subdivision review; (3) amend to revise time period of validity of site plans/subdivision plats; and (4) amend content of preliminary & fmal site plans & subdivision plats (continued from June 17, 1998). Public hearing to consider imposing or increasing certain fees in an ordinance to recodify Chapter 18, Subdivision of Land (continued from June 17, 1998). Agenda Item No. 7. ZTA-98-06. Section 32.0 Site Plan of the Zoning Ordinance. Public hearing to consider an ordinance to amend the Zoning Ordinance as follows: (1) amend to codify current administrative review process; (2) amend to revise time period for site plan/subdivision rewew; (31 amend to revise time period of validity of site plans/subdivision plats; and (4) amend content of preliminary and final site plans and subdivision plats (continued from June 17, 1998 ~. DEFERRED UNTIL AUGUST 5, 1998. Attachments: 2 CC2 Larry Davis Amelia McCulley Bill Mawyer Bruce Woodzell Dan Mahon Sharon Taylor Richard Wood Jan Sprinkle RESOLUTION WHEREAS the vitality of the County of Albemarle is dependent upon maintaining the character of the County by protecting its significant scenic, historic, and natural resources; and WHEREAS. the land use regulations of the County have been developed to protect these resources and to assure the public's health, safety, and welfare; and WHEREAS. the County finds that telecommunications towers can severely impact the resources of the County unless such towers are strategically placed and are constructed in ways to minimize the detrimental consequences to adjacent property owners and the County as a whole; and WHEREAS, the County has engaged a consultant to analyze the best locations for towers to provide telecommunications service in the County and this consultant's report will provide valuable information for VDOT to consider in planning the need for or the location of any telecommunications towers within its right-of-way; and WHEREAS. to assure that full consideration, understanding, and public i~ put is achieved, it is critical that the construction of any telecommunications tower be subject to local review and approval. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA that the Virginia Department of Transportation is requested to: Construct no towers within the VDOT right-of-way within Albemarle County unless such towers have been submitted for review and approval under the special use permit provisions of the Albemarle County Zoning Ordinance; (2) Limit any use of VDOT towers by private telecommunications entities unless and until sucl~ towers are constructed after full review and approval under the Albemarle County Zoning Ordinance and have been determined to be consistent with the Albemarle County Comprehensive Plan; and (3) Construct no towers until a long range VDOT plan for such towers has been studied and adopted after receiving and giving full consideration to County input and addressing issues of critical importance identified by the County. BE IT FURTHER RESOLVED that the Virginia Department of Transportation is urged to recognize the importance of this issue to the County of Albemarle and that irreparable damage to the County will occur if towers are constructed which blight the landscape of the historic entrance corridors to the community. COUNTY OF A! ~EMAR! .F, office of Board of SupervL~rs 401 Mclntire Road Charlottesville. V~jinia 22902-4696 (804) 296-5843 FAX (804) 296~5800 Charles $. Marlin Walter E Perkins Sally H. Thomas July 17, 1998 The Honorable Emily Couric P.O. Box 5462 Charlottesville, Va 22905 Dear Senator Couric: At its meeting on July 15, 1998, the Albemarle County Board of Supervisors adopted a Resolution regarding VDoT construction of telecommunication facilities. I have attached a copy for your records. If you have any questions, please free to call this office at 296-5843. Sincerely, Laurel B. Hall Senior Deputy Clerk cc: The Honorable Mitchell Van Yahres The Honorable Paul C. Harris Printed on recycled paper David P. Bowerman Charlott~ Y. Humphfis COUNTY OF ALBEMARLE Office of Board of Supere~rs 401 Mdntire Road CharloResville. V'm2inia 22902-4596 (804) 296~584~ FAX (804) 296-5800 Charles $. Margn Wal~ E Perkins Sally H. Thomas July 17, 1998 The H0nomble Paul C. Harris P.O. Box 1276 Charlottesville, Va 22902 Dear Delegate Harris: At its meeting on July 15, 1998, the Albemarle County Board of Supervisors adopted a Resolution regarding VDoT construction of telecommunication facilities. I have attached a copy for your records. If you have any questions, please free to call this office at 296-5843. Sincerely, Laurel B. Hall Senior Deputy Clerk cc: The Honorable Mitchell Van Yahres The Honorable Emily Comic PHnted on rec~cled paper David P. Bowerman Charlotte Y. Humphfis Foro~t R. Ma~hali, Jr. COUNTY OF A! BEMAR1 E Offic~ of Board of Supen,,isom 401 Mclntire Road Chadottesville, kt~ginia 22902~596 (804) 296-58~3 FAX (804) 29&5800 Charles S. Martin Waiter E Peflfins Sally H. Thomas July 17, 1998 The Honorable Mitchell Van Yahres 223 West Main Street Charlottesville, Va 22902 Dear Delegate Van Yabxes: At its meeting on July t5, 1998, the Albemarle County Board of Snpervisors adopted a Resolution regarding VDoT construction of telecommunication facilities. [ have attached a copy for your records. If you have any questions, please free to call this office at 296-5843. Sincerely, Laurel B. Hall Senior Deputy Clerk cc: The Honorable Paul C. Harris The Honorable Emily Cottric Printed on recycled paper David 8 Bowerman Ch~lot~ Y.. Humphr~ COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mdntire Road Charlottesville, Vkginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Walter E Perkir~ Sally H. Thomas July. 17, 1998 The Honorable James S. Gilmore. III Governor of Virginia State Capitol, Third Floor Richmond, VA 23219 Dear Governor Gilmore: At its meeting on July 15, 1998. the Albemarle County Board of Supervisors adopted a Resolution regarding VDoT construction of telecommunication facilities. I have attached a copy for your records. If you have any questions, please free to call this office at 296-5843. Sincerely, Laurel B. Hall Senior Deputy Clerk P~'nted on recycled paper David P. Bowerrn~n CharlotteY. Humphris Form~ R. Marshall, .Jr. COUNTY OF .~ REMARLE Office of Board of Supe~.~ors 401 Mclntire Road Charlottesville, V'm:d'mia 229024596 (804) 296-5843 FAX (804) 296-5800 Charles S. Matin Walter E Perkins Sally H. Thomas July 17, 1998 The Honorable Robert E. Martinez Secretary of Transportation Governor's Cabinet 1401 E. Broad St., Rm. 414 Rickmond, VA 23219 Dear Mr. Martinez: At its meeting on July 15, 1998, the Albemarle County Board of Supervisors adopted a Resolution regarding VDoT construction of telecommunication facilities. I have attached a copy for your records. If you have any questions, please free to call this t~ffice ar 296-5843. Sincerely, Laurel B. Hall Senior Deputy Clerk Ms. Angela Tucker, VDoT Resident Engineer Mr. David R. Gehr, VDoT Commissioner Mr. William S. Roudabnsh, CTB Culpeper District Representative Mr. H. Carter Myers, IH. CTB At-Large Urban Representative Printed on recycled paper RESOLUTION DRAFT: July 9, 1998 WHEREAS, the vitality of the County of Albemarle is dependent upon maintaining the character of the County by protecting its significant scenic, historic, and natural resources; and WHEREAS the land use regulations of the County have been developed to protect these resources and to assure the public's health safety, and welfare; and WHEREAS, the County finds that telecommunications towers can severely ~mpact the resources of the County unless such towers are strategically placed and are constructed in ways to minimize the detrimental consequences to adjacent property owners and the County as a whole; and WHEREAS. the County has engaged a consultant to analyze the best locations for towers to provide telecommunications service in the County and this consultant's report will provide valuable information for VDOT to consider in planning the need for or the location of any telecommunications towers within its right-of-way; and WHEREAS, to assure that full consideration, understanding, and public input is achieved it is critical that the construction of any telecommunications tower be subject to local review and approval. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA that the Virginia Department of Transportation is requested to: Construct no towers within the VDOT right-of-way within Albemarle County unless such towers have been submitted for review and approval under the special use permit provisions of the Albemarle County Zoning Ordinance: (2) Limit any use of VDOT towers by private telecommunications entities unless and until such towers are constructed after full review and approval under the Albemarle County Zoning Ordinance and have been determined to be consistent with the Albemarle County Comprehensive Plan; and (3) Construct no towers until a long range VDOT plan for such towers has been studied and adopted after receiving and giving full consideration to County input and addressing issues of critical importance identified by the County. BE IT FURTHER RESOLVED that the Virginia Department of Transportation ~s urged to recognize the importance of this issue to the County of Albemarle and that irreparable damage to the County will occur if towers are constructed which blight the landscape of the historic entrance corridors to the community. DRAFT: July 9, 1998 I, Ella W. Carey, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by the County Board of Supervisors of Albemarle County, Virginia at a regular meeting held on Clerk, County Board of Supervisors I:\DEPT~ATTORN EY~RESOLUTI\TE LECOMM,WPD COUNTY OF ALBEMARLE O. ::"ERVISOR$ EXECUTIVE SUMMARY · AGENDA TITLE: Right of Way Dedication, Mill Creek Drive SUBJECT/PROPOSAL/REQUEST: Request a Public Hearing to Authorize the Dedication. STAFF CONTACT(S): Messrs. Tucker, Maw/er BACKGROUND: AGENDA DATE: July 15, 1998 ACTION: CONSENT AGENDA: ACTION: X ITEM NUMBER: INFORMATION: INFORMATION: ATTACHMENTS: RENEWED BY:// Mill Creek Ddve was constructed by the County to provide access to Monticello High School and to serve as a connecting mad between Avon Street and Route 20 South. Right of way for the mad was previously dedicated based on the edginal design alignment. However, minor modifications dudng construction caused a small section of the road to be located outside the dedicated area. DISCUSSION: Additional ~ght of way for the road, approximately 2000 sf, must be dedicated to public use. This is a requirement for VDOT to accept the road into the state system for maintenance. RECOMMENDATION: Set a public headng to consider dedication of additional right of way for August 5, 1998. 98.129 COUNTY OF ALBEMARLE DEPARTMENT OF ENGINEERING & PUBLIC WORKS FY 97198 PROJECT REPORT Scheduled Budqet Completion % Complete SCHOOLS Stony Point Addition Monticello Hign School High School Technology Ed_ Lab (WAHS~ WAHS Roof Replacemenl CATEC Roof Replacement Stony Point Parking and Playfie[d WAHS Site improvements VMF Facility Crozet School Level Spreaaer Chiller Repl. AHS/Hollymead Henley M ddle School Addition Stone %binson Addition PREP Facility '4or, hem Elementary Schoo Subtotal 1,204,667 01/30/98 98% C 29,743,000 07/31/98 85% C 147,000 06/15/98 100% D 778,000 09/09/98 25% C 148.300 09/09/98 05% C 147.000 10/30/98 50% B 270.000 tl/30/98 85% D 437,000 11/30/98 50% B 10,000 12/30/98 95% D 500.000 05/31/99 100% D 2.385,500 06/15/99 05% C 2,664.000 06/30/99 02% C 3.000.000 07101/99 20% B 8.900.000 07/01/01 05% P $50,334,467 ADMINISTRATION & COURTS Old Cmzet School Roof & Windows Courts Space Needs Study Keene Landfill Remed[ation COB Maintenance Program: Misc. Building Renovations UST Replacement @ COB COB Additional Parking COB Auditorium Renovation Subtotal 300,000 09/04/98 100% B 50.000 06/30/99 50% P 170.600 06/30/99 50% P 10.000 08/30/98 50% D 120.000 12/01198 100% P 100.000 06/30/99 05% P 100,000 06/30199 0% D $850,600 HIGHWAYS & TRANSPORTATION Mill Creek Ddve 2.528.300 08/05/98 mydraulic Rd Sidewslk 65.000 08/30/98 Greenbrier Sidewalk 10,000 08/30/98 Adams Court 3,800 09/01/98 Street Lighting: Airport Acres 1,500 10/30/98 Rio/Old Brook Road 0 10/30/98 Commonwealth Drive 16,000 10/30/98 Hydraulic Road (Inglewood to Georgetown) 8,000 10/30/98 Hydraulic Road (Georgetown to AHS~ 7.000 10/30/98 Hydraulic Road (AHS to Whitewood) 1.500 10/30/98 Whitewood Road Area 15.000 10/30/98 Marshall Manor 1.500 10/30/98 West Leigh Ddve Rural Addition 300.000 12/30/98 Barracks Road Sidevcalk 51,000 12/30/98 Wilton Farm/20 Sidewalk 140,000 06/30/99 Subtotal $3,148,600 Notes Updated 06/24/98 Roof in '98 Windows in '99 Budgeted Schedule Pending 90% C 0% C 05% C 90% D 95% D Public Hearing to be Schedulec 95% D Public Hearing to be Scheduled 95% D Public Headng to be Scheduled 95% D Public Headng to be Scheduled 95% D Public Headng to be Scheduled 95% D Public Headng to be Scheduled 95% D Public Hearing to be Scheduled 95% D mublic Hearing to be Scheduled 95% D Applicant Obtaining Plat Signatures 10% D 99% P LEGEND: P = Programming D= Design B = Bid C = Construcuon STORMWATER CONTROL PROJECTS Branchlands Wetland Dedication ~ic Hi]Is Basin Dedication Design Standards Manual - Needs Assmt Moores & Meadow Creek Studies Waster Drainage Study Four Seasons Channel Four Seasons Basins ~irrram Basin Peyton Basin Woodbrook Channel Phase II Windham/Jarman Gap Channel Ricky Road _ynchburg Road Storm Sewer SW/Emsion Correction Projects: Minor Ridge Drainage Imorovementa Patrick Drainage Improvamenbs Westmoreland Ct. Drsinage ~mprcvements Design Standards Manual- Final Design Subtotal PUBLIC SAFETY UST Removal @ Regional Jsi Regional Jail Addition Juvenile Detention Facility Police Academy Training Facility PARKS & RECREATION Subtotal 21.000 4.700 11,980 184,600 205,400 23.100 96,100 98,485 156,500 28,035 82,000 39.900 17.500 30,000 2,500 30.000 38.000 $1,069,800 50.000 16,250,000 7,200,000 6,250,000 $29,750,000 08/15/98 05/1 6/98 05/30/98 06/30/98 09/30/98 10/30/98 10/30/98 10/36/98 10/30/98 10/30/98 10/30/98 10/30/98 10/30/98 09/30/98 10/30/98 10/30/98 12/30198 10/15/98 12/01/99 04/01/00 05/15loc Dorrier Park SheltedRestroom 56,000 06/30/98 Chris Greene Lake Pier 80,000 11/30/98 R~vanna Greenbelt 150.000 06/30/99 New Southern Park (TBD) 06/01/02 Crozel Park Fields 640,000 06/30/02 Subtotal $926,000 TOTAL $86,079,467 100% D 100% D 90% P 95% D OO% P 10% D 10% D 10% D 05% B 50% D 05% D O5% D 05% D 05% D 25% D 10% D 0% P 100% B 15% C 90% P 75% P 99% C 95% D 10% P 100% P 30% D Documents Recorded Recording Documents Finalizing Scope of Final Design Finalize and Close Out Devsiop Stratagy for Next Watershed Coordinating Field Work Base Maps Comp~etad Reevaluating Need Reevaluatin~ Need Reevaluating Need Feasibility Study Master Plan Only LEGEND: P = Programming D = Design B = Bid C -= Construction DAVID R. GEHR COMMISSIONER COMMONWEALTH o[ VIRGINIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND 23219 June 22, 1998 J.T, MILLS 31VISION ADMINISTRATOR Route 631 Rio Road) Pzaj. 0631-002-S66, PE-101 Fed. Proj. STP-002-7 (009) Proj. 0631-002-S66, RW-201, Fed. Proj. STP-002-7 Fr: BrDokway Drive To: Stonehenge Road PPMS~: 17903 Albemarle County Location and Design Approval M-501 Clerk of the Court Shelby J. Marshall 501 B. Jefferson Street Charlottesville, Virginia 22901 The Commonwealth Transportation Board, on June i8, 1998, approved the location and ma-or design features Df the above prolecm as proposed and presented am the April 21 1998, public hearing. and State Location the projecK and Design Engmneer ~y .... WE KEEP VIRGINIA MOVING June !8, 1998 NEWS RELEASE (Chicago)--The cial Reporting GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601 81~_'977-8700 · Fax: 312/977~4806 by the Government Finance Officers Association and Canada (GFOA) for its comprehensive annual 'CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and finan- cial reporting, and its attainment represenns a significant accomplishment by a government and ins managemenm. For information contacn: Stephen Gauthier (312) 977-9700 Certificate of Achievement for Excellence in Finan- has been awarded co: County of Albemarle, VA, of the United States financial reporn An Award of Financial Reporting Achievement has been awarded no the individual designated as primarily responsible for preparing the award-winning CAFR, This has been presented no: Melvin A. Breeden, Director of Finance The CAFR has been judged by ~n impartial panel 5o meen the high standards of the program including demonstrating a consnruc- tire "spirit of full disclosure" no clearly communicate its financial smory and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving 12,625 government finance professionals with offices in Chicago, Illinois, and Washington, D.C. 3O WASHINGTON OFFICE 780 K Street, N.W., Suite 85D. Washington. DC 2000S 202/429-2750 - Fax: ~0~/4~9-2755 ALBEMARLE C:OUNTY SERVICE AUTHORI3Y P.O. Box 1OO9 168 SPOTNAP I~D, QHAI~LOTTESVtLLE, VA 22902 ° (804} 977-4511 F~ 804t 979x:D698 July 7, 1998 Albemarle Count~ Board of Supervisor~ Albemarle Please find enclosed a copy of the Albemarle COUnty Service Authority's operating budget for the fiscal year beginning July 1, 1998. If~ ~)u have any questions concerning the budget:please do not hesitate to give us a call. ALBEMARLE COUNTY SERVICE AUTHORITY FY '99 BUDGET Adopted June 18, 1998 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Resolution of Intent to Amend Zoning Ordinance SUBJECT/PROPOSAL/REQUEST: Add environmental restoration projects as a use by-dght in the flood hazard overlay in certain cases and add a definition for 'bank erosion structure." AGENDA DATE: July 15, 1998 ACTION: CONSENT AGENDA: ACTION: X ITEM NUMBER: INFORMATION: INFORMATION: ATTACHMENTS: ResoluJJen of Intent / DISCUSSION: The Zoning Ordinance (Section 30.3.5.2.1) requires a special use perm'~ for "bank erosion structures" within the Flood Hazard Overlay District. However, the ordinance does not provide a definition for 'bank erosion structure.' Recently, there has been some uncertainly about what types of projects would require the special use permit. Particularly, it is uncertain whether streambank restoration projects designed, undertaken and/or funded by public agencies would require the special permit. Aisc, the County has recently been asked by the community of Browns Cove for assistance with flood prevention, and it is this forthcoming public project that has led to the attempt to amend the Zoning Ordinance to provide clarification on the permitting issue. In some cases, the cost and time involved with obtaining a special use permit would prohibit certain environmental projects from taking place, pariJculariyin cases where the practice is cost-shared by the Thomas Jefferson Soil & Water Conservation District, or another public agency, as a conservation practice promoted by the state. In other cases, a project will not increase the flood plain elevation, and the project's purpose is to achieve a strictly public good (such as flood prevention or environmental restoration). Most often, such projects are designed and partially funded by public agencies, such as the County, Soil & Water District, Natural Resources Conservation Service, etc. Specifically, the resolution of intent to amend the Zoning Ordinance wou~d be to allow flood control and environmental restoration projects as by-right uses with the floodway and floodway fringe in the following cases: The project is undertaken, coordinated, or designed by a public agency. The project receives technical review by the County through the Water Protection Ordinance. including for erosion and sediment control. The project's purpose is for the public benefit. No net fill is placed within the flood plain. The practice involves the use of natural materials, such as rock and plant materials. This would exclude 'engineered"structures, such as retaining walls, gabion baskets, and concrete. Such projects would still require a special use permit. In crder ta achieve this, the amendment will be to add certain uses by-right in Section 30.3.5.1.1 and to provide a definition for 'bank erosion structure" in Section 3.0. RECOMMENDATION: Adopt the attached resolution of intent to amend the Zoning Ordinance. 98.127 RESOLUTION OF INTENT Whereas. the Board of County Supervisors of Albemarle County, Virginia, has determined in order to serve the public necessity, convenience, general welfare, or good zoning practices, it does hereby intend to amend the Albemarle County Zoning Ordinance to define "bank erosion structure" and to allow certain uses by-right in the Flood Hazard Overlay District; Further the Board requests the Albemarle County Planning Commission to hold a public hearing on said intent to amend the Zoning Ordinance, and does request that the Planning Commission forward its recommendation to this Board at the earliest possible date. I. Ella W. Carey, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by the County Board of Supervisors of Albemarle County, Virginia at a regular meeting held on July 15, 1998 '-7[,4 Clerk. County Board of Sul~'ervisors / RESOLUTION OFINTENT DRAFT Whereas, the Board of County Supervisors of Albemarle County, Virginia, has determined in order to serve the public necessity, convenience, general welfare, or good zoning practices, it does hereby intent to amend the Albemarle County Zoning Ordinance to define "bank erosion structure" and to allow certain uses by right in the Flood Hazard Overlay District; Further the Board requests the Albemarle County Planning Commission to hold public hearing on said intent to amend the Zoning Ordinanco, and does request that the Planning Commission forward its recommendation to this Board at the earliest possible date. Form. 3 7/2'5/86 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: --STA-98-01: Recodificafion of subdivision ordinance --ZTA-98-06:32.0 Site plan of the zoning ordinance SUBJECT/PROPOSAL/REQUEST: Changes since July 1, 1998 work session STAFF CONTACT(S}: Messrs. Tucker, Cilimberg, Keeler AGENDA DATE: July 15~ 1998 ITEM NUMBER: ACTION: X CONSENT AGENDA: ACTION: ATFACHMENTS: RENEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: / / BACKGROUND: These amendments have been reviewed by the Board at two prior meetings. Changes were made at the last meeting and this summary highlights those and additional textual changes. DISCUSSION: 1) No changes have been made to the text of the site plan regulations. 2) The Board requested two changes to the family division provisions of the subdivision ordinance. .... ~Spouse' has been deleted from the definition of ~member of the immediate family" in Sec. 14-106. Definitions. in Sec. 14-212. A., the pedod of restricted transfer of a family division lot has been increased from one (1) year to two (2) years. 3) plats and family divisions within a short pedod (i.e approval/disapproval period and has resulted in confusi~ this ini~al review period be deleted from the text to avoid co plat. Staffwill sail endeavor to provide expedient review. [C for family divisions). "Rural or, visions" are currently termed as "exempt plats.' For customer service reasons~ staff attempts to rev/ew exempt - currently 5 days) of submittal. This review pedod is not the ~n. After discussion with the CounbJ Attorney, it is recommended that lfusion about the mandated time pedod for approval or denial of the langed sections are Sec. 14-209 for rural divisions and Sec. 14-210 RECOMMENDATION: This summary has been provided as an update of chang~ of STA-98-01 (SubdMsion Ordinance) and ZMA-98-06 ~s. The Planning Commission unanimously recommended adoption Site Plan regulations of Zoning Ordinance). ADOPTION OF EODE ORDINANCE NO. 98-A(1 ) AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE COUNTY OF ALBEMARLE, VIRGINIA; ESTABLISHING THE SAME; PROVIDING FOR THE MANNER OF AMENDING AND SUPPLEMENTING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THiS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia pursuant to authority contained 'n Section 15.2-1433 of the Code of Virginia, as follows: Section 1. The Code entitled The Code of the County of,41bemarle, Virginia of 1998 consisting of ChapTers 1 to 18, each indusive, is adopted. This Code is a recodification of the Code of the County of Albemarle of 1975 and ali amendments thereto. Section 2. All provisions of the Code shall be in full force and effect from and after July 15. 1998. The provisions appearing n the Code, so far as they are the same as those of the ordinances in the Code of the County of Albemarle of 1975 adopted April 21. 1976 and all amendments thereto adopted subsequent to that date, shall be considered as continuations thereof and not as new enactments. Section 3. All ordinances of a general and permanent nature previously a part of the Code of the County of Albemarle of 1975 and enacted on or before July 15.1998, and not included in the Code or recognized and continued in force by reference therein, are repealed. Section 4. The repeal ~rovided for in Section 3 shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 5, Any person convicted of a violation of the Code shall be punished as prescribed in Section 1-115 thereof, or as provided specifically in such other applicable section of the Code. If any section of the Code is subsequently amended and no penalty is provided, the general penalty, as provided in Section 1-115 of the Code, shall apply to the amended section, unless a penalty is provided in another section in the same chapter which is specifically applicable to the amended section. Section 6. Section 7. Any and all additions and amendments to the Code. when passed in such form as to indicate the intention of the Board of Supervisors to make the same a par~ of the Code, shall be deemed to be 'ncorporated in the Code, so that reference to the Code shall be understood and intended to include such additions and amendments. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 8. It is hereby declared to be the intention of the board of supervisors that the sections, paragraphs. sentences, clauses and phrases of this Ordinance and the Code are severable, and if any phrase~ clause, sentence, paragraph or section of this Ordinance and the Code shall be declared unconstitutional or invalid by the valid judgment or decree of a court of competent jurisdiction. such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses. sentences, paragraphs and sections of this Ordinance and the Code. Section 10. This ordinance, and the Code adopted hereby, shall become and are effective on July 15, 1998. 1. Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , at a regular meeting held on July_, 1998. Clerk, Board of County Supervisors BY FACSIMILE Mr, Robert W. Tucker, Ur., Albemarle County 401 McIntire Read Charlettesville, Virginia County A~ministrator 22~02 Subdivision Ordinance Adeptien Dear ~r. Tucker: We reprementMr. Beryl L. Knasel in connection ~itha five let family ~ivi~ion plat that is now pen~ing before the Planning C~mmieaion whic~ was ~u~mitte~ for approval in late May of this year. we have been tol~ by the planning staff that the 60 day revie~ Derio~expires on August i an~ we believe the plat is ready far approval. We have al~e been infcrme4 that ~c.he Boar~ of Supervisers at its meeting tonight will consider revi~ion~ =o the mub~ivision erdinanoe which include revisiens to the family division sec=ich of the urdinance, specifically, the or4in&nce will, if adopted, eliminate spouse from ~he ~efini=ion of ,me~r of ~he imme~iate £amlly#. ~r. Knasel inten4$ to c~nvey one cf the parcels created by hi~ family divi~ien to his wife. We have al~o b~en informe4 that the Board of Supervisers ha~ de~i4ed not ~o ~randfather any pending applioation~ an~ that if ~he ordinance is adopted tonight, itwill apply retroactively to all applications that are currently pen~ing. It is ou~ un,ere=ending al~o that there are as ma~y a~ ~even family division plats that are now ~ending befere the Planning Commission for approval. My client wan=s his ~lat to ~e qrandfathere~ and reviewed under the o1~ ordinance provisions, we believe it i~ only fair since his application has no~ been pending for 45 days. If he is requi~ed to proceed un,er the new or~inance he will have to revise his plat ~ resu~it ~e plat a~ ~eat ~ense to h~ and he will lese the ability to cenvey one of ~e lot~ to hi~ wife. We thi~ it is ~nl~ Zair ~ha= ~e Board should review pending plat ~4r. Robert W. July 1B~ ~98 Page 2 appli=ations und~ the old .ordinance, ~pecially giv~n~h~ f~t that the ~ange toils definition of me~.~r of ~he ~.~e~a=e z~xly was raised ~ ~e.Board only in ~he pa~= coup±s o~ wee~s. Please deliver ~is letter to members cf ~e Board. ~s Board's favorable consideration is greatly appreciated. sincerely, ccc Mr. Beryl L. F~asel M. CL FTON MCCLURE ROBERT M. CALLAGHAN O. MICHAEL ATKJNS THE LAW OFFICES OF McGLURE, CALLAGHAN & ATKINS SUITE 200 415 FOURTH STREET. N.E. P.O. BOX 1393 CHARLOTTESVILLE. VIRGINIA 22909 July I0, 1998 TELEPHONE (8041977~222 TELECOPIER (8041977-8190 Board of Supervisors Albemarle County 401 McIntire Road Charlottesville, Virginia 22902 Ladies and Gentlemen: I write this letter no express my concern about one of the proposed amendments co the family division provisions of the Albemarle County Subdivision Ordinance. Specifically, I address the zssue as no husband and wife being a family member. It ms my opznzon that co abolish the right no convey family division parcels between spouses would be a great mistake. There are thousands of parcels in Albemarle County which are served by narrow easements which cannot be subdivided under the County Ordinance. Because of the size limits on FHA, VA and FNMA loans, to abolish conveyances between husband and wife virtually eliminates the possibility of obtaining these kinds of loans. I would like to give a specific example of what I am addressing. A young couple purchases from husband's grandfather a 33.9 acre parcel served by a prescriptive easement. A connracnor provides private financing with which Go construct a modest residence for this couple on the 33.9 acre parcel. However, when the couple goes to the loan company to obtain permanenn financing they find there is no loan available to them because of the size of the parcel. They are informed that if they could divide the parcel to create a five acre parcel then they could obtain a permanent loan. The only way this can be accomplished is by usmng the family division provisions of the Ordinance. Subsequently the 33.9 acre parcel is divided into a 5.00 acre parcel and a 28.9 acre parcel, which 28.9 acre parcel is conveyed by husband and wife to wife, leaving the 5.00 acre parcel in their joint names. This enables them to obtain a permanent loan for their residence. If the current proposal is adopted this would non be possible. Board of Supervisors July 10, 1998 page 2 The above example is not unique. It is very common because of the many parcels of land in Albemarle County which are not divisible under current Subdivision Ordinance provisions. strongly urge you to reconsider the adoption of the property provisions pertaining to husband and wife. MCM/ap Respectfully submitted, M. Cli~on McClure To: Members. Board of Supervisors I:rom: Ella Washington Carey, CMC, Cle~ $,,bjett: Reading List for July 15. 1998 I)ate: July 0. 1998 July 3, 1996 December I (N), 996 August 6, 997 February 8. 1998 pages 1-25 (Item #8)- Ms. Humonns pages 25 (Item #8) - ena - Ms. Thomas Mr. Bowerman pages - 17 (Item #8) - Ms. ~umDhris pages 17 (Item #8) - ena - Mr. Bowerman Mr. Mar~in ?ewc August 6, I997 (Regular Day Meeting) (Page 2t) are in place. The proposal will divert police efforts and money from more important activities and will harass law-abiding citizens. Mr. Marshall said he carries a handgun because he deals with legal drugs, and has been held up while working late. He now has a permit so that he can pronec5 himself. He will non supporn the motion because he is a member of the Rivanna Rifle and Pistol Club, and the me~ers unanimously opposed the amendment. No law-abiding citizen will be denied a permit and felons will no5 apply. He asked if any law-abiding citizen would be denied a permit if the Board did not approve the amendment Capnaln Lugar, of the Sherif's DeparEmenn said the County now relies on applicants' information being accurane, and fingerprints make sure iE is. The Sheriff supports the amendment because his office has to make recommendations to the judge on each application. Law-abiding citizens will not be denied a permit, and this as not an additional layer of information requested. Currently a social security nuntber is required informaulon on an individual, but an officer cannon prove the identity of the person. Mr. Martin pointed ou5 that people can gee fake identifications. Mr. Marshall said that addi- tional information should be required. Captain Lugar said there is no investigation. When courns do not send the correct information on no other resources, fingerprints are an extra protection. Captain Lugar was unsure of what the FBI's fees are now, but said the Circuit Court collects a one-time fee of s50. Mr. Tucker said the County already funds this, and there will be no additional charge to the applicant_ Captain Lugar said the process would not be a deterrent no law-abiding citizens. One criminal was discovered out of 4,500 applications an Fairfax County, implying that criminals do no~ apply for permits. The Sheriff's Department already does this work every day. Judge Peatross has not indicated whether he is in favor of the amendment. He told Captain Lugar he would rely on the Sheriff and Captain to make a recommendation because he relies on them to k~ow what is best. Mr. Martin said this is no different from wha5 the County is doing now, He believes there must be access to s~aue and federal records. Mr. Martin made the motion, seconded by Ms. Thomas, to amend Chapner 10.1 of Code of the County-of Albemarle, ~ViTg~nia, to require applicants for concealed handgun~permlts who res'ide in'Albem~i~'C6~nfy to submit to finger- p~%nting and to provide personal descriptive information to the Sheriff in order mo determine suitability for concealed handgun permit. The fingerprints and personal descriptive informa5ion would be submitted by mhe Sheriff uo State Police and FBI for national criminal history records check. Ms. Thomas said this will nou require additional time from the Sheriff's Depaz~menn, will not'prevent law-abiiing citizens from getting ~gun is using the same process as was used before July a, 1997, and fingerprinting will be a deterrent to criminals. Mr. Bowerman sa~d ~f the etec~la~ o~rce~men~t,~icer reco~me~d~ ~e aha ~oes no~- ~ add a burden t~?~ She~if~ s Department. It does not deter law- abiding citizens from obtain~m~g permits and migh~ deter criminals from applying. Ms. Humphris agreed with Mr. Bowerman. The Board must do what is in the greauer public's interest and provide the Sheriff's Department with the ability to conduct its checks Mr. Marshall said the County is not relyzng only on federal governmenz checks. Mr. Perkins asked what would happen if the Board did non approve ~he amendment. Mr. Davis said fingerprints would not be collected, FBI records checks would not be run, and the Sheriff's Department would have to simply rely upon the applicants telling the ~ruth abouu who they are and then relying upo~ a snane records check. Mr. Marshall said nothing says the permit has to be issued. Mr. Davis replied, "Yes, 1E does." Under the law now, unless there is a finding that one of these six or seven things that disqualify you from carrying a gun pezunlt are discovered, the court is obligated to issue the August 6, 1997 (Regular Dan' Meeting) (Page 22) permzt. Mr, Marshall said the Sheriff's Office already has slx or seven items they can check; they jusu need to check them out. Mr. Davis said those are not subjective things. They include convictions of certain crzmes, certain restraining orders, illegal alien status, convictions of drunkernuess or mental incompetency. If those findings are non in the record, the court must zssue the permzn Roll was then called and the motion carried by the following recorded vote: AYES: Ms. Humphris, Mr, Martin, Mr. Perkins, Ms. Thomas and Mr. Bowerman. NAYS: Mr~ Marshall. By the above shown vote, the Board adopted the following ordinance: ORDINAI~CE NO. 97.10.1 (1) A~ ORDINANCE TO AMEND AiTD REORDAIN CHAPTER 10.1, LAW ENFORCEMENT OF'THE CODE OF THE COI/NTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 10.1, Law Enforcement is hereby amended and reordained by adding section 10.1-4, Concealed Handgun Permits, as follows: Sec. 10.1-4. ConcealedHandgun Pez~nits. AS a condition for issuance of a concealed hand~n permit pursuant uo section 18 2~308 of the Code of Virginia, and in order to determine the suitability for a concealed handgun permit, any applicant for such permit who resides in the County of Albemarle shall be fingerprinted by the Sheriff an~ shall provide personal descriptive information. The fingerprints and personal descriptive information shall be forwarded by the Sheriff through the Central Criminal Records Exchange of the Virginia State Police 5o the Federal Bureau of Investigation for a national criminal history record check. I, Ella W. Carey, do hereby certify that 5he foregomng writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of five to one, at a regular meeting held on August 6, 1997 Agenda Item No of Albemarle County, 12~ Presentation on proposal for biological inventory by Tom Olivier, Citizens for Albemarle. Mr. Tom Olivier, representing Citizens for Albemarle and Mr. John Hermsmeier, presented a proposal for an lnven5ory of Albemarle County's~biological resources. Mr. Olivier said he was present at the recfuesu of the Planning Commis- sion, who saw the presentation au a work session on the natural environment section of the Comprehensive Plan update on June 17, 1997 The staff reporu for the work session had recommended that a biological inventory be conducted in the County. The Commission showed a strong interest in the proposal, and staff have been instructed =o investigate experiences of other communities with such inventories. Some of the Commissioners suggested that the Board of Supervisors might wish to have input into the handling of the proposal. His intent is 5o deliver a compressed version of the presenuatlon provided to the Commission, and ask that the Board encourage the Commission and staff ~o vigorously explore means of implementing the inventory now. The Piedmont Environmental Council and Virginia State Forestry DeparrmenE supports the recommendation, as well. In the 1994 Plarlning Needs Survey, protection of open space and natural resources was ~oud~d to be a Eop priority of residents, but the Planning District's information showed that, if currenu trends continue, these re- sources will disappear. The County needs no survey its biological resources. Some work has already been done. There has been a study of water resources. and the County now has a Water Resource Manager. An Agricultural Forestal Advisory Committee has been created. The County has inventoried its histori- FAX TRANSMITTAL TO Dana Hubbard FROM Laurie Hall CO Daily Progress CO Albemarle County DEPT Classified PHONE # 296-5843 FAX # 978-7223 FAX # 296-5800 ~CLASS,MonAd,AIbemarleCounty PUBLIC NOTICE Albemarle County Board of Supervisors July 15, 1998 ...Notice is hereby given that the Board of County Supervisors of Albemarle County, Virgima, will conduct a public hearing on July 15, 1998, 7:00 p.m., Meeting Room #241, Second Floor, County Office Building, 401 Mcintire Road, Charlottesville, Virginia, on an ordinance adopting and enacting a new code for the County of Albemarle, Virginia to be entitled The Code of A/bernarle County, Virginia of 1998 consisting of Chapters 1 to 18, each inclusive, which is a recodification of the Code of the County of Albemarle of 1975 and all amendments thereto. A complete copy of the code ~s available for public inspection in the Office of the Clerk of the Board of Supervisors. ...By order of the Board of County Supervisors of Albemarle County, Virgima. ...Public comments are invited at this time. · .Anyone desiring further information about the above petitions, please contact the Clerk to the Board of Supervisors, Fourth Floor, County Office Building, or telephone 296-5843. ...Reasonable accommodations will be provided to persons with disabilities, if requested. Please call 296-5827 Ella W. Carey, Clerk, CMC Bill to: Albemarle County Account Number 204066 Purchase Order # A-1720 Date: June 23, 1998 Date Run: June 30 and Juty 7, 1998 Do not include this in ad: FAX'don (date) (time) Initials: --Laurie Hall From: Sent: To: Subject: Ella Carey Tuesday, June 23, 1998 2:34 PM Laurie Hall Advertisement for Code recodJflcation The ad for this needs to go into the paper on Tuesday, June 30th and Tuesday, July 7th. Thanks. 1 Leg,~ls