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HomeMy WebLinkAbout1997-05-21 FINAL 7:00.P.M. .MAY2 . 1997 ROOM 241. COUNTY OFFICE BUILDING 1) 2~ 3~ 4) 5~ 65 7] 8~ 9~ I0) 12) 13) 141 15) 14~ Call to Order. Pledge Of Allegiance. Moment of Silence. Other Matters Not Listed on the Agenda from the PUBLIC. Consent Agenda ,on next sheet',. Presentation by Scott Peyron. re: Scenic Highway Committee report Public Hesring on an ordinance to Amend and Reordain Chapmr 12, Motor Vehicles & Traffic. Ar~de I. In General. to incorporate by reference pursuant to Section 46.2-1313 of the Code of Virgima. as amended, appropriate provisions of Tide 46.2 of the Code of Virgmm. as amended_ Artide 9 (§ 16.1-278 et seq.) of Chapter 11 of Title 16.1 of the Code of Virginia. as amended. and Artide 2 (§ l 8.2-266 et seq.) of Chapter 7 of Tide 18.2 of the Code of Virginia. as amended, regarding motor vehicles anti'or driving under tire influence, to expand and darify the parking rules and regulatiohs of the County, to grant police officers expanded authority m ~ssue parking tickets and fire marshals authority to enforce fire lane violations, to establish a schedule of £mes for parking violations and to revise procedures governkng enforcement of parking violations. ZMA-96-28. Glenmore Assoc f. Signs #36 & #401. Public Hearing on a request to rezone 6.6 acs from RA to PRD & amend existing agreements for Glenmore PRD. Properties are near end of Ashton Drive adi to Glenmore development. ~This site. in the Community of East Rivanna, is recommended for Neighborhood Density Residential [3-6 du/ac] by the Comprehensive Plan, rhe existing density is 0.5 du/ac. I TM93.P's 61 &61B. Rivarma Dist. (Deferred from April 16, 1997.) Public Hearing on an Ordinance to amend and reordain Section 2.1-4. of Chapter 2.1. Agricultural & Forestal Districts. of the Albemarle County Code. in subsection i) known as the "Car~er's Bridge Agricultural and Forestal District" to add 4 parcels described as TM102. Psl9.19A. 19B&19C, totahng 262.76 acs. Property on W sd of Rt. 627 fCarter's Mountain Rd}. (Propegy designated Rural Areas in Comprehensive Plan., Scottsville Dist. SP-97-06. David &[oseph Wood. (Signs #59 & #60~: Public Hearing on a request to establish drive-thru windows at proposed bank [22.2.2], on approx 2.4 acs. zoned C- 1. Property in SW comer of inter of Rt 29 & Dominion Dr. (Property is designated for Community Service in Neighborhood I of Comprehensive Ptan.~ TM6IM.Secl2, Psi&iH. Rio Dist. ZMA-96-24. N&S, L.L.C. (Signs #75, #76, #77 & #78/ Public Hearing on a request to rezone approx. 43 acs from R-2 &EC to R-15 &EC l'M76,Ps54,54A,55B&55D. Properties on N sd of Rt 631 t Fifth St Ext~ approx .2 mi SW of 1-64, ~Ps54~54A&55B are recommended for Transitional Use in Neighborhood 5. Scottsville Dist. Adoption of Thomas Jefferson Venture Bylaws. Other Matters not Listed on the Agenda from the BOARD. Executive Session: Legal Matters. Certify Executive Session. Adiouru. CONSENT AG.ENDA FOR APPROVAL: 5.1 Adopt Resolution to abandon old State Route 631. 5.2 Appropriation: School Division Compensation Adjustments. S60.004.12, Form #96075 ,. 5.3 Appropriation:' Stone Robinson School. $500 I Form #96076). 5.4 Approve ReqUest for Additional Revenue Sharing Funds. FOR INFORMATION: 5.5 Copy of Planning Co~nmission minutes for April 15. April 29 and May 6, 1997. 5.6 Notice from the DeparUnent of Transportation that beginning May I2. 1997. Route 633 in southern Albemarle will be dosed to through traffic for approximately six to eight weeks for replacement of railroad bridge. 5.7 Report of expenditures and activities'of the James River Watershed Coalitiun's Tributary Strategy projects for the period of November I. 1996 through April 30, 1997. 5.8 Report of Jaunt services for Albemarle County from June 1996 through Ma~ch 1997. 5.9 Copy of minutes of the Board of Directors of the Rivanna Solid Waste Authority for March 24. 1997. 5.10 Copy of minutes of the Board of Directors of the Rivanna Water and Sewer Authority for March 24. 1997. 5.11 Copy of minutes of the Board of Directors of the Albemarle County Service Authority for March 20. 1997. COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: Robert W. Tucker. Jr., County Executive V. Wayne Cilimberg, Director of Planning and Community Development Ella W. Carey, CMC. Clerl~oO~' May23,1997 Board Actions of May 21, 1997 At its meeting on May 21, 1997, the Board of Supervisors took the following actions: Agenda Item No. 1. Call to Order. The meeting xvas called to order at 7:00 p.m., by the Chairman. (All Board members were present.) Agenda Item No. 4. Other Matters Not Listed on the Agenda from the PUBLIC. Mrs. Katie Hobbs. President of the Charlottesville/Albemarle League of Women's Votersi asked the Board to reconsider the amount of time allotted to persons representing organizations to address the Board. She requested that the Board reinstate the previous time allotment of five minutes for organizations and three minutes for individual. Ms. Jo Anne Ebersold, a resident of Powell Creek Drive in Forest Lakes South, asked the Board to allow the developer to cul-de-sac Powell Creek Drive. The road cannot safely handle its current traffic. Mr. Jesse Cornelius, also a resident of Powell Creek Drive. concurred with Ms. Ebersold. It appears to him that this road has been sacrificed as a throngh road for commuter traffic for all three sections of development in the area. Staff provide an informational report to the Board that addresses all the issues with regard to Powell Creek Drive. Agenda Item No. 5.1. Adopt Resolution to abandon old State Route 631. ADOPTED the attached Resolution, which has been forwarded to the applicant to file in the Clerk's office. Memo To: Robert W. Tucker, Jr. V. Wayne Cilimberg Date: May23, 1997 Page 2 Agenda Item No. 5.2. Appropriation: School Division Compensation Adjustments, $60,004.12 (Form #96075 ). APPROVED. Original form forwarded to Melvin Breeden. Agenda Item No. 5.3. Appropriation: Stone Robinson School, $500 (Form #96076). APPROVED. Original form forwarded to Melvin Breeden. Agenda Item No. 5.4. Approve Request for Additional Revenue Sharing Funds. APPROVED. Agenda Item No. 6. Presentation by Scott Peyton, re: Scenic Highway Committee report. Mr. Peyton askedthe Board to pass a resolution acknowledging the scenic and historic character of the Route 250 corridor and immediatefy initiate a new process to identify and implement measures to protect and enhance the corridor, both in its own right and as a model for other scenic corridors in the County. Staff to meet with Mr. Peyton and other members of the committee to determine how to address the issues. Agenda Item No. 7. Public Hearing on an ordinance to Amend and Reordain Chapter 12, Motor Vehicles & Traffic, Article I, In General, to incorporate by reference pursuant to Section 46.2-1313 of the Code of Virginia, as amended, appropriate provisions of Title 46:2 of the Code of Virginia, as amended, Article 9 (§ 16.1-278 et seq.) of Chapter 11 of Title 16.1 of the Code of Virginia, as amended, and Article 2 (§ 18.2-266 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, as amended, regarding motor vehides and/or driving under the influence, to expand and clarify the parking rules and regulations of the Cotmty, to grant police officers expanded authority to issue parking tickets and fire marshals authority to enforce fire lane violations, to establish a schedule of fines for parking violations and to revise procedures governing enforcement of parldng violations. ADOPTED the attached Ordinance. Agenda Item No. 8. ZMA-96-28. Glenmore Assoc (Signs #36 & #40). Public Hearing on a request to rezone 6.6 acs from RA to PRD & amend existing agreements for Glenmore PRE). Properties are near end of Ashton Drive adj to Glemnore development. (This site, in the Community of East Rivanna, is recommended for Neighbothood Density Residential [3-6 du/ac] by the Comprehensive Plan. The existing density is 0.5 du/ac.) TM93,P's 61&6lB. Rivanna Dist. Memo To: Robert W. Tud~er, Jr. V. Wayne Cilimberg Date: May23, 1997 Page 3 APPROVED ZMA-96-28 as proffered and signed (copy attached): Agenda Item No. 9. Public Hearing on an Ordinance to amend and reordain Section 2.1-4, of Chapter 2.1, Agricultural & Forestal Districts, of the Albemarle County Code, in subsection (j) known as the "Carter's Bridge Agricultural and Forestal District" to add 4 parcels described as TM102_ Ps19,19A, 19B&19C, totaling 262.76 acs. Property on W sd of Rt. 627 (Carter's Mountain Rd). (Property designated Rural Areas in Comprehensive Plan.) Scottsville Dist. ADOPTED the attached ordinance. Agenda Item No. 10. SP-97-06. David & Joseph Wood. (Signs #59 & #60). Public Hearing on a request to establish drive-thrn windows at proposed bank [22.2.2], on approx 2.4 acs, zoned C-1. Property in SW corner of inter of Rt 29 & Dominion Dr. (Property is designated for Community Service in Neighborhood I of Comprehensive Piano TM61M. Sec12, PsI&IH. Rio Dist. APPROVED SPo97-06 subject to the conditions of the Planning Commission, with #1 amended, as set out below: 1. Drive through windows will be lindted to four; Screening shrubs shall be planted along the residential side of the parking area and bypass lane: and Erect and maintain an opaque stockade-style fence, six feet in height, on the northwest side of the building and outside of the landscaping abutting the parking area, as shown on the preliminary site plan dated February 24. 1997. except where such area is in the floodplain (copy attached). Agenda Item No.11. ZMA-96-24. N&S. L.L.C. (Signs #75, #76. #77 & #78). Public Hearing on a request to rezone approx. 43 acs from R-2 & EC to R-15 & EC. TM76.Ps54,54A. 55B&55D. Properties on N sd of Rt 631 (Fifth St Ext) approx .2 mi SW of 1-64. (Ps54,54A& 55B are recommended for Transitional Use in Neighborhood 5. Scottsville Dist. DEFERRED ZMA-96-24. Staff to work with applicant, look other alternatives such as lower density, and the impact. (Note: No date was set for the deferral.) Agenda Item No. 12. Adoption of Thomas Jefferson Venture Bylaws. ADOPTED the Thomas Jefferson Venture Bylaws in substantial compliance to what was before the Board. Substantial Compliance is subject to determination by the Chairman or the County Attorney. Memo To: Robert W. Tucker, Jr. V. Wayne Cilimberg Date: May 23, t997 Page 4 ADOPTED the attached Resolution to Approve the Funding Formula. Agenda Item No. 13. Other Matters not Listed on the Agenda from the BOARD. There were none. Agenda Item No. I4. Executive Session. At I0:01 p.m.. the Board went into Executive Session pursuant to Section 2.1-344(A) of the Code of Virginia under subsection (7) to consult with legal counsel and staff regaxding a specific legal matter relating to reversion and regarding probable litigation relating to land use matter. Agenda Item No. 15. Certify Executive Session. At 11:24 p.m.. the Board reconvened into open session and certified the executive session. Agenda Item 16. Adjournment At 11:25 p.m.. with no further business to come before the Board, the meeting was adjourned. EWC/lbh Attachments cc: Richard E. Huff, II Roxanne White Kevin C. Castner Larry Davis Amelia McCulley Jack Kelsey Bruce Woodzell Richard Wood Jan Sprinkle Yadira Amari File RESOLUTION WHEREAS, the Board was requested by a citizen to abandon a section of an old road in the State Highway or Secondary System; and WHEREAS, the Board, on March 5, 1997, ordered that this matter be advertised for public hearing in accordance with Virginia Code §§33.1-156 through 33.1-166; and WHEREAS, after holding a public hearing on May 7, 1997, the Board is satisfied that no public necessity exists for the continuance of the section of road as a public road; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virg'mia, that "old State Route 631" (and shown on the attached exhibit) be abandoned to public use as per the following description: "A public roadway, displayed in Deed Book 437, Page 601, beginning on the northern boundary of the Commonwealthof Virginiaright-of-way for Interstate 64, a thirty (30) foot prescriptive easement for old State Route 631, laying south of the City of Charlottesville in the County of Albemarle and parallel to Fifth Street Extended, relocated State Route 631; thence meandering in a north easterly direction less than three-tenths of a mile through the property and along the property lines of Erin, Inc.; ending in the middle of Moores Creek, the boundary between the County of Albemarle and the corporate limits of the City of Charlottesville." I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of a Resolution duly adopted by the Board of County Supervisors of Albemarle County, Virginia, at a regular meeting held on May 21, 1997. Clerk, Board of County Supervi~gors / Date: 5/21/97 PROFFER FORM ZMA # 96-28 Original Proffer Amended Proffer (Amendment # 93A1 Parcel 1 Tax Map Parcel(s) # 93-61, 93-61A, 93-61B 6.6 Acres to be rezoned from PP~D & RA to PP~D Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or- its duly authorized agent, herebyrvoluntadly 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 ~ise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested. The development of the Property w~l.be limited to those uses allowed by right under Section 19.3.1 (1), (5), (6), (7), (fl), (9) and (10) ofthe Zoning Ordinance of Albemarle County, Vitginia (hereinafter referred to as the Zoning Ordinance) as that Section is in effect on April 16, 1997, with a residential development not to exceed 764 single family units together with a site for a school, and a site for a fire .. house, either of which sites may be used for other public use facilities, and development of a private country club and recreational facilities including but not limited to tennis, swimming a golf course with related club house, and equestrian center. To be excluded from use by right or special use permit under the Zoning Ordinance are Section 19.3.1 (2) and 0);' and Section 19.3.2 (1), 0), (5), (6) and (7). Upon the request of Albemarle County, Virginia, to donate by gift to Albemarle County or its designee,. subject to items of record affecting rifle, for a public school or other public use facilities as the County may select a parcel of approximately 27.0 acres as shown on the Application Plan for Glemmore made by Clower Associates, Inc. dated November 2, 1990, together with an appropriate right ofway, · provided owner may require reasonable visual screening/buffering of the 27 acres. Upon the request of Albemarle County, Virginia, to donate by ~ to Albemarle County or its designee, subject to items of record affecting tide, for a fire department or other public use fac'flities as the County may select a parcel of approximately 6.0 acres as shown on the ApPlication Plan for Glenmore made by Clower Associates; Inc. dated November 2, 1990, together with an appropriate right of way, provided owner may require reasohable visual screening/buffeting of the six acres. At the time of closing of the sale of each residential lot or the issuance of a certificate of occupancy for each residential lot, whichever first occurs, to contribute $1000.00 to an escrow fund to be established by Albemarle County for (1) a school capital improvement fund for use by Albemarle County to either expand the capacity of Stone Robinson Elementary, School or to construct a new school on the site described in paragraph 2 of this proffer, or (2) the costs, including any awards to the owner of the mineral rights for the property described in paragraphs 2 and 3 of this proffer, or O) other items in the. Albemarle County Capital Improvement Program (C.I.P.) related to this project (Glenmore) or to other items not normally included in C.I.P. directly related to this project (Glenmore). These funds shall be held by the County in an interest bearing account with an annual accounting to the owner. All interest earned on the account shall be used for the same purposes as the original $1000.00 contribution. It is requested that Frank A. Kessler or his family be consulted in connection with naming of any facilities for which these funds are used. To provide water and sewer collection, distribution and treatment facilities at the owner's expense for the residential lots in Glenmore and private club and to dedicate such facilities to the Albemarle County Senrice Authority and/or the Rivanna Service Authority. These facilities are to be built at no'cost to the taxpayers of Albemarle County or to the customers of the Albemarle County Service Authority. To reserve along the boundary of the Property adjacent to the Il.ivanna River a 100 Foot wide grin belt. No buildings shall be constructed, or erected within the green belt without the consent of Albemarle County and it shall be preserved in its natural state except for building of pedestrian and riding trails and general beautification including but not limited to the clearing of underbrush, removal of dead trees and shrubs, and cleanup of the river. The owner may grant across the green belt.utility easements, acc&ss easements to the Rivanna River for residents of Glenmore and members and guests Of the private country club and may build riding trails or make similar uses of the area. At such time as the County of Albemarle decides to establish along the Rivanna River a public area or park, the 100 foot wide green belt area, upon the request of Albemarle County, will be conveyed by ~ and dedicated to the County, provided the uses allowed for utilities, accesses to the river, and riding trails, etc. are reserved in the deed of gif~ and provided further that the green belt area will continue to be counted a s open space for the purposes of the Glenmore Master Plan and required density. The green belt may continue to be maintained by the owner of the property, however in the absence of such maintenance Albemarle County at its option may maintain the 100 foot wide green belt. (a) Road A as shown on the Application Plan of Glenmore made by Clower Associates, Inc. dated November 2, 1990 shall be built at time of residential lot development to VDOT standards and placed in the State Secondary System fi.om U,S. Route 250E to Point A as shown on the aforesaid Application Plan of Glenmore. (b) Upon request of Albemarle County., Virginia, to dedicate as right-of-way for public road purposes (i) a strip of land not to exceed sixty (60) feet in width from Point A to Point B as Shown on the aforesaid Application Plan.of Glenmore and (ii) an existing strip of land of variable width owned by the owner from Point B to Point C as shown on the aforesaid Application Plan of Glenmore. (c) To construct a road to VDOT standards fi.om Point C extending through the northeastern portion of the development in a location and with a termination point to be determined by the owner. It is intended that this roadway shall provide access to properties northeast of Glenmore in at least one location. To dedicate at such time as owner may select or upon request of Albemarle County, Virginia, whichever first occurs, the road described in this paragraph, 7 (c), together with a right-of-way, including the built road, ngt to exceed 60 feet in width. (a) To construct within the existing right-of-way ofU. S. Route 250E and if necessary partially on the property currently owned by owner an ultimate entrance to serve Glenmore. This shall be constructed at the time of initial residential lot development in Glenmore or at a later date if approv6d by x/DOT. Co) To install upon the request of VDOT on U. S. Route 250E at the entrance to Glenmore a traffic signal, provided the request from VDOT is made prior to completion of Glenmore which for purposes of this paragraph shall be'deemed to be the day the last residential lot is sold to a'third party purchaser or 15 years from date of final approval of the Zoning Map Amendment, whichever first occurs. (c) Providing the work is completed v~ithin 15 years from date of final approval of this Zoning Map Amendment, to contribute upon completion (i) a pro-rata contribution of the cost of construction (as hereinafter defined) to four-lane U. S. Route 250E from the Glenmore entrance to Route 22, or (ii) $500,000.00, whichever sum is less. A traffic count on U. S. Route 250E shall be made by VDOT immediately to the east of the intersection ofU. S. Route 250E and Route 22 within a reasonable time prior to construction with the pro-rata contribution of the owner determined by a formula which includes a fraction the numerator of which is the traffic count on U. S. Route 250E between the Glenmore entrance and Route 22 attributable to residences in Glenmore and to the country club fac'dity in Glenmore (Glenmore Traffic) .and the denominator of which is the total traffic count on U.S. Route 250E between the Glenmore entrance and K6ute 22 (Total Traffic) as follows: Glenmore Traffic X Construction Cost -- Pro-Rata Contribution Total Traffic 10. In the event that there shall not have been substantial performance of proffers contained in paragraphs 2, 3, 4 and 5 within ten (10) years from the date of final approval of this Zoning Map Amendment, then the undersigned applicant agrees to waive his rights under Virginia Code Section 15.1-49 l(al). Substantial performance shall include (1) donation of the land described in paragraphs 2 and 3 of this proffer, if requested by Albemarle County, (2) payment of at least $150,000.00 in cash pursuant to paragraph 4 of this proffer, and O) construction and dedication to the appropriate authorities of the public water, and sewer facilities pursuant to paragraph 5 of this proffer. Development shall be in general accord with the Application Plan dated November 2, 1990 revised May 13, 1997, and Glenmore Rezoning Application dated September 24, 1990 and amended November 2, 1990 including textual program of development as approved under ZMA-90-19 and amended by subsequent rezoning actions. Final development plans shall incorporate all comments and recommendations of the SRC of October 11, 1990. 12. At least one deputized security officer (special police officer) shall be employed for security purposes. 13. Vehicular access to Section 41 of Glenmore will be through the existing private road network within GlerLmore. Ashton Road may be used for emergency access. This proffer does not affect Proffer 7 above. 14. These proffers are substituted in place of proffers dated November 8, 1990. These. proffers mn with ~:e !and. Upon tmneer offitle by _-Randolph tL Lang and C.,atheEme Cl-,ilds Lang to Glenmore Associates Limited Partnemhip of their real estate subject to these proffers, Randolph R. Lang and Catherine Childs Lang shall have no further pea3onal obligation regarding the terms herein. GLENMORE ASSOCIATES LI?{ITED PARTNERSHIP Printed Names of Ail Owners 5' t~ '~V Date 2.,: /¢ / GLENMORE/~SSOCIATES LIMITED PARTNERSHIP ~gngtures ~f All Owners ' P¢inted Names of All Owners OR Signature of Attorney-in-Fact (Attach Proper Power of Attorney) Printed Name of Attorney-in-Fact PROFFORM WPD Rev. ELe;e mbet 'DNI 'DOSS¥ ~ 3'tV9 IATTACHMENT Al / COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: Melvin A. Breeden, Director of Finance Ella W. Carey, CMC, Clerk ~ May 23, 1997 Board Actions of May 21, 1997 At its meeting on May 21. 1997, the Board of Supervisors took the following actions: Agenda Item No. 5,2. Appropriation: School Division Compensation Adjustments, $60,004.12 (Form #96075). APPROVED. Attached is the signed form. Agenda Item No, 5.3. Appropriation: Stone Robinson School, $500 (Form #96076). APPROVED. Attached is the signed form Agenda Item No. 7. Public Hearing on an ordinance to Amend and Reordain Chapter 12. Motor Vehicles & Traffic, Article I, In General, m incorporate by reference pursuant to Section 46.2-1313 of the Code of Virginia. as amended, appropriate provisions of Title 46.2 oft he Code of Virginia, as amended, Article 9 (§ 16.1-278 et seq.) of Chapter 11 of Title 16.1 of the Code of Virginia. as amended, and Article 2 (~ 18.2-266 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, as amended, regarding motor vehicles and/or driving under the influence, to expand and clarify the parking rules and regulations of the County, m grant police officers expanded authority to issue parking tickets and fire marshals authority re enforce fire lane violations, to establish a schedule of fmcs for parking violations and to revise procedures governing enforcement of parking violations. ADOPTED the attached Ordinance. /ewc Attankments (3) pc: Richard E. Huff, II Roxaune W. White Robert Walters Kevin Castner Jackson Zimmerman APPROPRIATION REQUEST FISCAL YEAR 96/97 NUMBER 96076 TYPE OF APPROPRIATION ADDITIONAL TRANSFER NEW ADVERTISEMENT REQUIRED YES NO X FUND SCHOOL PURPOSE OF APPROPRIATION: DONATION TO STONE-ROBINSON SCHOOL FROM THE JUNIOR LEAGUE FOR A SERIES OF FAMILY READING NIGHTS. EXPEndITURE COST CTR/CATEGORY DESCRIPTION AMOUNT 1221061101601300 INST/REC. SUPPLIES $500.00 TOTAL S500.00 REVENUE DESCRIPTION AMOUNT 2200018000181109 DONATION S500.00 REQUESTING COST CENTER: APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISOR TOTAL S500.00 EDUCATION SIGNATURE DATE APPROPRIATION REQUEST FISCAL YEAR 96/97 NUMBER 96075 TYPE OF APPROPRIATION ADDITIONAL TR3%NSFER NEW ADVERTISEMENT REQUIRED ~ YES NO X FUND PURPOSE FUNDING SCHOOL OF APPROPRIATION: FOR SALARY ADJUSTMENTS RESULTING FROM PAY STUDY. EXPENDITURE COST CTR/CATEGORY DESCRIPTION AMOUNT 1210061211115000 1210061211210000 1210061411112600 1210061411115000 1210061411210000 1211161311111400 1211161311115000 1211161311210000 1211261102113200 1211261102210000 1211261312111400 1211261312111400 1211361311111400 1211361311210C00 1211461311111400 1211461311210000 1241062t2011S000 1241062123210¢00 1241262125115000 1241262125210000 1243062150111300 1243062150210000 1243162160111400 1243162160210000 1243262310111400 1243262310210000 1243262340111400 1243262340210000 1243362410111400 1243362410210000 1243362420119100 1243362420210000 SALARIES-OFFICE CLERICAL FICA SALARIES-PRINCIPAL SALARIES-OFFICE CLERICAL FICA SALARIES-OTHER MANAGEMENT SALARIES-OFFICE CLERICAL FICA SALARIES-PSYCHOLOGIST FICA SALARIES-OTHER MANAGEMENT FICA SALARIES-OTHER MANAGEMENT FICA SALARIES-OTHERMAZAGEMENT FICA SALARIES-OFFICE CLERICAL FICA SALARIES-OFFICE CLERICAL FICA SALARIES-DEPUTY/ASSISTANT FICA SALARIES-OTHER MANAGEMENT FICA SALARIES-OTHER MANAGEMENT FICA SALARIES-OTHER MANAGEMENT FICA SALARIES-OTHER MANAGEMENT FICA SALARIES-CUSTODIAL FICA $7, OOO.0O 535.50 14..000.00 3,000.00 1,300.50 3,000.00 3,000.00 459.00 3,000.00 229.50 2,000.00 i53.00 2,000.00 153.00 2,200.00 168.30 250 O0 19.13 4.00.00 30.60 1,700.00 130.05 1,800.00 137.70 3,000.00 229.50 500.00 38.25 4,990.00 381.74 3,900.00 298.35 1100093010930014 1100095000999977 TRANS. ONE TIME SCHOOL OPERATIONS COMPENSATION PLAN RESERVE 60,004.12 (60,004.12) TOTAL S60,004.12 REVENUE DES CRI PT I ON AMOUNT 2200051000512C04 TRANSFER FROM GENERAL FUND S60,004~12 TOTAL S60,004.12 SOCIAL SERVICES SIGNATURE DATE REQUESTING COST CENTER: APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISOR NWEALTH OF VIRGINIA DC-18 (11/96) COUNTY OF ALBEMARI E Office of Board of Supervisors 401 Mclniire Road Charlottesville. Vi~jinia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Walter E Perkins Sa[l~ H. Thomas May 30, 1997 Mr. Robert T. Smith 1865A Seminole Trail Charlot;:esvilie. VA 2299i Dear Mr. Smith: At its meeting on May 21. 1997, the Board of Supervisors adopted the attached resolution to Route 631. Please file this document along with the attached exhibit in the Clerk of the Circuit Court's office and return a copy of the recording receipt to this office. If you have any questions, please contact the undersigned. Sincerely, /ewc Attachment cc: Erin, Inc. Angeia Tucker Wayne Cilimberg Juan Wade Printed on recycled paper RESOLUTION WHEREAS, the Board was requested by a citizen to abandon a section of an old road in the State Highway or Secondary System; and WHEREAS, the Board, on March 5, 1997, ordered that this matter be advertised for public hearing in accordance with Virginia Code §§33.1-156 through 33.1-166; and WHEREAS, after holding a public hearing on May 7, 1997, the Board is satisfied that no public necessity exists for the continuance of the section of road as a public road; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that "old State Route 631" (and shown on the at~ached exhibit) be abandoned to public use as per the following description: "A public roadway, displayed in Deed Book 437, Page 601, beginning on the northern boundary of the Commonwealth of Virginia right-of-way for Interstate 64, a thirty (30) foot prescriptive easement for old State Route 631. laying south of the City of Charlottesville in the County o£Albemarle and parallel to Fifth Street Extended, relocated State Route 631; thence meandering in a north easterly direction less than three-tenths of a mile through the property and along the property lines of Erin, Inc.; ending in the middle of Moores Creek, the boundary' between the County of Albemarle arid the 9orporate limits of the City of Charlottesville." Old State Route 631 - General Roadway Description A public roadway, displayed in Deed Book 437 Page 601, beginning on the northern boundary of the Commonwealth of Virginia Right-of-Way for Interstate Route 64, a thirty (30) foot prescriptive easement for Old State Route 631, la3nng south of the City of Chalottesville in the County of Albemarle and parallel to 5th Street Extended, relocated State Route 631; thence meandering in a nouth easternly direction less than three (3) tenths of a mile through the property and along the property lines of Erin, Inc; ending in the middle of Moores Creek, the boundary between the County of Albemarle and the Corporate Limits of the City of Charlottes~2le Requested by Juan Wade, County of Albemarle Planning Departmem Written by Mark B. Hem3r, P.E., County of Albemarle Engineering and Public Works Date: May 6, 1997 ~v~d P.. Bowen'aan Charlotte Y, Humphris COUNTY OF ALBEMARI .E Office of Boa~cl of Supe~Aso~ 401 Mclnfire Road Chaflo~wflle, V'n~inia 22902-4596 (804) 296-5843 FAX (804) 296.-5800 Charlas S. Maran Walter E Perkins Sall~ H. Thomas June 4, 1997 The Honorable Robert E. Martinez Commonwealth Transportation Board PO Box 1475 Richmond, VA 23212 Dear Mr. Martinez: In accordance with Section 33.1-151 of the Code of Virginia. this letter is to provide notice that the Board of Supervisors. at ns meeting on May 21, 1997, adopted the attached resolution to abandon Route 631. Should you require any additional information, please contact the undersigned. Sincerely, Ella W. Carey, Clerk, CMC/ / /ewc CC: Department of Game and Inland Fisheries Robert T. Smith Robert W. Tucker, Jr. PHnted on recycled paper RESOLUTION WHEREAS, the Board was requested by a citizen to abandon a section of an old road in the State Highway or Secondary System; and WHEREAS, the Board, on March 5, 1997, ordered that this matter be advertised for public hearing in accordance with Virginia Code §§33.1-156 through 33.1-166; and WHEREAS, after holding a public hearing on May 7, 1997, the Board is satisfied that no public necessity exists for the continuance of the section of road as a public road; NOW, THEREFORE. BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that "old State Route 631" (and shown on the attached exhibit) be abandoned to public use as per the following description: "A public roadway, displayed in Deed Book 437, Page 601, beginning on the northern boundary of the Commonwealth of Virginiaright-of-way for Interstate 64, a thirty (30) foot prescriptive easement for old State Route 631, laying south of the City of Charlottesville in the County of Albemarle and parallel to Fifth Street Extended, relocated State Route 631; thence meandering in a north easterly direction less than three-tenths of a mile through the property and along the property lines of Erin, Inc.; ending in the middle of Moores Creek, the boundary between the County of Albemarle and the corporate [imits of the City of Charlottesville~" I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of County Supervisors of Albemarle County, Virginia, at a regular meeting held on May 21, 1997. Clerk, Board of County 7pervisors PUBLIC NOTICE Albemarle Board of Supervisors IVlay 7, 1997 Pursuant to Virginia Code Sections 33.1-156, etal, notice is hereby given that the Board of County Supervisors of Albemarle County, Virginia, does intend to abandon Old Route 631 located between Interstate 64 and Moores Creek. The proposed abandon- merit is approximately 600 feet long. It is separated by Tax Map 76M(1 ) Parcel. The public hearing on this abandonment will be held on May 7, 1997, at 10:00 a.m., in Meeting Room #241, Second Floor, County Office Building, 401 Mclntire Road, Charlottesville, Virginia. Public comments are invited at this time. By Order of the Board of County Supervisors of Albemarle County, Virginia. Reasonable accommodations at this meeting will be provided to persons with disabilities, if requested.. Please call 296-5827. Ella W. Carey, CMC, Clerk ~§o Z Rou~e llO~ Privote Entronce Charlo~t~ Y. Humphtis Forre~ I~ Ma~hall, Jr. COUNTY OF Al REMARLE Office of Board of Supervisors 401 Mdnfire Road Charlottesville, V'nginia 22902-4596 (804) 296-584~ FAX (804) 296-5800 Charles S. Martin Walter E Perkins Sally H. Thomas April 23:I997 Erin, Inc. 500 Main Street Bangor, Maine 04401 Re: Old Route 631 Dear Sir or Madam: The letter is to notify you that the Board of Supervisors will hold a public hearing on May 7, 1997, at I0:00 a.m., to consider abandonment of Old Route 631 located between Interstate 64 and Moores Creek. The proposed abandonmen~s approximately 600 feet long, and separated by Tax Map 76M(1 ), Parcel 1. The punic hearing will be held in Meeting Room #241, Second Floor, County Office Building, 401 Mclntire Road, Charlottesville, Virginia. If you need any additional information or have any comments, please contact the undersigned. /ewc Sincerely, Ella W. Carey. CMC. Clerk cc: Robert T. Smith Juan Wade PHnted on recycled paper ~ouNTV O~ ~' ...... EXECUTIVE SUMMARY AGENDA TITLE: Old State route 63'1 Abandonment SUBJECT/PROPOSAL/REQUEST: Request to schedule a public hearing for Old State Route 631 STAFF CONTACT{S): Messrs. Tucker, Cilimberg, Benish, Wade AGENDA DATE: March 5, '1997 I O',Ch3 o,,'~, ITEM NOMBER: ACTION: × INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes ~q/~...~ REVIEWED BY: / BACKGROUND: Robert T. Smith reprosenting Holiday Inn South, of Bangor, Maine has requested that Albemarle County abandon a public road, Old State Route 531(see Attachment A). DISCUSSION: Old State Route 631 is approximately 600 feet long in the C_,~unty and serves only three parcels. The applicant owns att .three parcels. This section of Old State 631 was "discontinued" in 1971 as a result of the construction of Interstate 64. A discontinuance pursuant to Code of Virginia 33.1-150 is a determination that a road no longer serves the public convenience warranting its maintenance at public expense. The road remains a public roadway until it is abandoned. The applicant, aswell as staff, assumed this section was abandoned by the State of Virginia. In October 1996, the Board of Supervisors approved the abandonment of Tebbs Lane-Route 1104 ( see Attachment B). Tebbs Lane intersects with Old State Route 631. The applicant was informed by VDOT in the process of finalizing the Tebbs Lane abandonment that Old State Route 631 had never been abandoned. Old State route 63~1 does not have any historical significance and its abandonment would not negatively impact any historical property. RECOMMENDATION: Staff believes this is an acceptable abandonment request and recommends this proceed to public hearing. Staff recommends abandonment using statutory authority under 33.1-156 of the Code of Virginia. 97.045 ALBEMARLE COUNTY / 8 .... . ..... SCOTTSVILLE DISTRICT SECTION 76M(I) Z Route 1104- Privote Entronce Robert T. Smith Commercial Real Estate Brokerage 1865A Serrfinole ~1 Charlottesville, VA 22901 (804) 978-2050 February 10, 1997 Clerk of the Board Albemarle County Board of Supervisors County Office Building, 4th Floor 401 McIntire Road Charlottesville, Va. 22901 FEB ] 0 997 Deasr Madame: I represent Erin, Inc. the owners of the Holiday Inn, South. Erin Inc. ownes Parcels 55A & 55C on tax map #76 and they are now the owners of record of Parcel #1 on tax map #76 M1. On October 6, 1996 the Board of Supervisors took action on our previous request to abandon State Route ~1104. This action has gone on to VDOT and the Commission has abandon that section of road. However, VDOT has informed me that State Route g631 that runs between I64 and Moores Creek has been "Discontinued" but not abandoned. This inspite of the fact that it is shown on a drawing prepared by VDOT as abandoned. See drawing attached. On behalf of Erin, Inc. I request that the County undertake the necessary first steps to "Abandon" that section of ~63t. This appears to be a bit of confusion as it relates to the words used on previous action taken by the Board and by VDOT. I appreciate your attention to this matter. cc: Very~ truly yours, Robert T. Smith Erin. Inc. Ms' Angela Tucker (VDOT) ~ayne Cilimberg ~duan Wade Tom Landis (VDOT, Culpeper Dist. Bill Roudabush Off. R/W Department) ' ALBEMARLE COUNTY 28 ........... SCOTTSVILLE DISTRICT SECTION IATTACHMENT BI RESOLUTION WHEREAS, a public notice was posted as prescribed under § 33.1-151, Code of Virgima, announcing a public hearing to receive comments concerning abandoning the road described below from the secondary system of state highways; and WHEREAS, the Commissioner of the Virginia Department of Transportation was provided the prescribed notice of this Board's intent to abandon the subject road; and WHEREAS, after considering all evidence available, this Board is satisfied that no public necessity exists for the continuance of Secondary Route 1104, Tebbs Lane, of .06 miles of roadway, and hereby deems that road is no longer necessary as part of the Secondary System of State Highways. NOW, THEREFORE, BE IT RESOLVED, that this Board abandons the above described road and removes it from the secondary system of state highways, pursuant to § 33.1-151, Code of Virginia. BE IT FURTHER RESOLVED. that a certified copy of this resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. I, Ella W. Carey, d o hereby certify that the foregoing writing ~s a true. correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of ~' to ~) on October 2, 1996. ~rk Boa-rd ofTSou~/Supervis?s/ 95424.007 Robert T. Smith Commercial Real Estate Brokerage 1865A Semino~ bail Chaflot~svil~ VA 22901 (804) 978-2050 February 10, 1997 Clerk of the Board Albemarle County Board of Supervisors County Office Building, 4th Floor 401 McIntire Road Charlottesville, Va. 22901 Deasr Madame: I represent Erin, Inc. the owners of the Holiday Inn, South. Erin Inc. ownes Parcels 55A & 55C on tax map ~76 and they are now the owners of record of Parcel #1 on tax map #76 MI. On October 6, 1996 the Board of Supervisors took action on our previous request to abandon State Route #1104. This action has gone on to VDOT and the Commission h~s abandon that section of road. However, VDOT has informed me that State Route ~63i that runs between I64 and Moores Creek has been "Discontinued" but not abandoned. This inspite of the fact that it is shown on a drawing prepared by VDOT as abandoned. See drawing attached. On behalf of Erin, Inc. I request that the County undertake the necessary first steps to "Abandon" that section of #631. This appears to be a bit of confusion as it relates to the words used on previous action taken by the Board and by VDOT. I appreciate your attention to this matter. CC: Erin. Inc. Ms' Angela Tucker Wayne Cilimberg Juan Wade Tom Landis (VDOT, Bill Roudabush Very truly yours, · Robert T. Smith ( VDOT ) Culpeper Dist. Off. R/W Department) COUNTY OF ALBEMARLE BOARD OF SUPERVISORS 05-~6-9?A08: ~ 1 RCVD EXECUTIVE SUMMARY AGENDA TITLE: Appropriation School Division Compensation Adjustments SUBJECT/PROPOSAL/REQUEST: Request approval of Appropriation #96075 in the amount of $60,004.12 for School Division salary adjustments. STAFF CONTACT{S): Messrs. Tucker, Breeden, Ms. White AGENDA DATE: ITEM NUMBER: May 21,1997 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACH FVlENTS: yes//~~ REVIEWED BY: BACKGROUND'_ In the rial FY 96/97 operating budget, the Board approved $94,685 In a compensa§on plan reserve account to fund projected adjustments to the FY 97 compensation plan that were unknown at the time of the budget adoption, i.e. b~nging everyone up to theirminimum, potential classification appeals, and other adjustments. Additional funds were not provided to the school division for those same adjustments, but it was agreed administratively that any funds remaining in the resewe alter general government adjustments were made would be transferred to the school division for similar adjustments to their compensation plan. DISCUSSION: From the $94~685 compensation reserve account, general government salary adjustments required approximately $30,000 leaving a remainder of approximately $65,000. The school division estimates that $60,004.12 needs to be added to various compensation accounts to address the additional costs of the salary study after the budget was adopted. The attached appropriation transfers $60,004.12 from the salary compensation reserve account in the general fund to the school division to offset compensation shortfalls in severaJ accounts due to final adjustments in the compensation plan. This apprepriation is simply a transfer from the general fund to the school fund and does not require any additional funding from the Board. RECOMMENDATION: Staff recommends approval of appropriation #96075 in the amount of $60,004.12 to address the cumpensation shortfalls in the school division due to final adjustments from the salary study. 97.097 05~. ~, 6_9'7 AC?: 08 I~CVD COUNTY OF ALBEMARLE ,,,,,,, .... ~IO§IA~dFl$ dO (I'dVO ~ EXECUTIVE SUMMARY AGENDA TITLE: Appropriation - Stone Robinson School SUBJECT/PROPOSAL/REQUEST: Request amount of $500.00 to Stone Robinson School from the Junior League. Approval of Appropriation #96076, STAFF CONTACT(S): Ms. White Messrs. Tucker, Castner, & Breeden AGENDA DATE: May 21, 1997 ACTION: CONSENT AGENDA: ACTION: ITEM NUMBER: INFORMATION: INFORMATION: BACKGROUND: At its meeting on April 28, 1997, the School Board approved the appropriation of a donation to Stone Robinson School from the Junior League. DISCUSSION: Stone Robinson Elementary school received a donation from the Junior League of Charlottesville. This donation is to be used to fund a sedes of "Family Reading Nights" at Stone Robinson School. These activities are intended to help parents learn ways to assist their young children with reading. RECOMMENDATION: Staff recommends approval of the appropriation in the amount of $500.00 as detailed on form #96076. 97.096 ALBEMAI~LE COUNTY PUBLIC SCHOOLS Memorandum DATE: April 30, 1997 TO: Robe~W~Tucker, Jr., County Executive FROM: Kevi~ner, Division Superintendent RE: Request for Appropriation At its meeting on April 28, 1997, the School Board approved the following appropriation: o Appropriation of $500.00 for Stone-Robinson Elementary School. Stone Robinson Elementary School received a donation from the Junior League of Charlottesville. This donation is to be used to fund a series of ~Family Reading Nights" at Stone-Robinson School. These activities are intended ko help parents learn ways to assist their young children with reading. The funds will be received and distributed as follows: 2-2000-18000-181109 Expenditure: 1~2210-61101-601300 Donation Inst/Rec Supplies $500.00 $500.00 it is requested that the Board of Supervisors amend the appropriation ordinance ~o receive and disburse these funds as displayed above. xc: Melvin Breeden Ella Carey 6~ ,~,.D OF SUPERVISORS COUNTY OF ALBEMAR 9_97^ ., EXECUTIVE SUMMARY trib,,t d A~en~ ~m ~. ~ AGENDA TITLE: VDOT Revenue Sharing Program SUBJECT/PROPOSAL/REQUEST: Opportunity to apply for Additional Revenue Sharing Funds STAFF CONTACT(S): Messrs. Tucker, Cilimberg, Benish, Wade AGENDA DATE: May 21, 1997 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: Yes BACKGROUND: Pursuant to Section 33.1-75.1[D] of the Code of Virginia, the County has an opportunity to request additional revenue sharing funds. The funds will come from unused allocations from the FY 96-97. Seventeen Counties throughout the State are eligible to apply for $630,880 Isee Attachment A). DISCUSSION: The County allocated $500,000 for revenue sharing in FY 1996-97. In FY 96-97, the County has received $358,910 which was applied to the Rio Road project from Hydraulic Road to Berkmar Drive. The County can apply for up to $50,000 in additional funds. Staff and VDOT recommend the $50,000 also be designated for Rio Road from Hydraulic Road to Berkmar Drive (see Attachment B). RECOMMENDATION: Staff recommends the Board ef Supervisors participate in the secunng additional revenue sharing funds to be designated for Rio Road from Hydraulic Road to Berkmar Drive. 97.098 DAVID R. GEHR COMMONWEALTH of VIRGINi'A DEPARIMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND. 23219-1939 May 7, 1997 IATTACHMENT Al Dept. JAMES S. GIVENS STATE SECONDARY ROADS ENGINEER Opportunity for Additional Allocation County Primary and Secondary Fund (Revenue Sharing Program) FY 96-97 Dear County Administrator: Your County has the opportunity to request an additional allocation from the FY 96-97 County Primary and Secondary Fund (Revenue Sharing Program), pursuant to Section 33.1-75.1 [D] of the Code of Virginia. Seventeencounties:are'eligible to, apply for~the.unused allocation.,owhieh totals $630,880. If your county~wishes to apply, please respond in writing to me by May 30,. 1997, indicating the amount of.funds requested up to $50,000~and a priorityAisting~of the, projects,proposed~ This listing should be completed on the attached form, and prepared in conjunction with your VDOT Resident Engineer. If the total funding requested exceeds the amount available,, all requests will be prorated accordingly. Also, the county must be prepared to match the supplemental allocation from its general fund prior to advertisement of the work to be performed, but no later than June 30, 1997. If you have any questions, please feel free to contact the Secondary Roads Division at (804) 786-2746. Sincerely, t/~ State Secondary Roads Engineer attachment pc: Mr. James W, Atwell District Administrators Resident Engineers TRANSPORTATION FOR THE 21 ST CENTURY COUNTY OF ALBEMARLE BOARD OF SUPERVISORS 04-25-9771 4-15-97 APRIL 15, 1997 The AIbemade County Planning Commission held a public hearing on Tuesday, April 15. 1997. in the County Office Building, Charlottesville, Virginia. Those members present were: Mr. Jared Loewenstein, Chairman; Mr. William Nitchmann; Ms. Hilda Lee- Washington; Ms. Babs Huckle; Mr. Bruce Dotson; and Mr. William Finley. Other officials present were: Mr. Wayne Cilimberg, Director of Planning and Community Development: Mr. Ron Keeler, Chief of Planning; Ms. Mary Joy Scala, Senior Planner; Mr. Jack Kelsey, Chief of Engineering; Mr. Pete Anderson. UVA Representative: and Mr. Greg Kamptner, Assistant County Attorney. Absent: Commissioner Tice. The meeting was celled to order at 7:00 p.m. and a quorum was established. The minutes of March 18. 1997. and March 25, 1997, were unanimously approved as amended. CONSENT AGENDA UVA Healthsouth Slope Waiver Request - Proposal to modify the slope provisions of Section 4.12.6.3b of the Zoning Ordinance to allow an increase in the slope of the parking lot (Attachment A). The proposed slope is approximately 5%. Property, described as Tax Map 76. 17B and 17B1, is the location of the Fontaine Research Park located on the south side of Fontaine Avenue in the Samuel Miller Magisterial District. No concerns were identified by the Commission. MOTION: Mr. Finley moved, Mr. Dotson seconded, that the Consent Agenda be approved. The motion passed unanimously. ZMA 96-24 N&S, Lb C. - Petition to rezone approximately 43 acres from R-2, Residential and EC. Entrance Corridor Overlay District. to R-15 Residential and EC, Entrance Corddor Overlay District. Properties described as Tax Map 76. Parcels 54. 54A. 55B, 55D, are located on the north side of Rt. 631 (Fifth Street Extended) approximately .2 miles southwest of Interstate 64 in the Scottsville Magisterial District. Parcels 54, 54A, 55B, are recommended for Transitional Use in Neighborhood 5. Parcel 46A (pt), on the west side of Old Lynchburg Road. is recommended for Neighborhood Service in Neighborhood 5 Both the applicant and staff were requesting deferral to April 22. 1997. Public comment was invited. None was offered. MOTION: Ms. Washington moved, Mr. Nitchmann seconded, that ZMA 96-24 be deferred to April 22. 1997. The motion passed unanimously. 4-15-97 2 Addition to Carter's Bddqe Agdcultural/Forestal District - Applications to add four parcels described as Tax Map 102, Parcels 19, 19A, 19B and 19C totaling 262.75 acres located on the west side of State Route 627, Carter's Mountain Road.-to the Carter's Bridge District in the Scottsville Magisterial District. The property is designated Rural Areas in the Comprehensive Plan. Ms. Scala presented the staff-~l~ort. Staff recommended approval The applicant was not represented at the meeting. Public comment was invited. None was offered. The public hearing was closed and the item was placed before the Commission. MOTION: Mr. Nitchmann moved. Ms. Huckle seconded, that the Addition to the Carter's Bridge Agricultural/Forestal District be recommended to the Board of Supervisors for approval. The motion passed unanimously. SP 97-06 David and Joseph Wood - Proposal to establish drive-thru windows at a proposed bank [22.2.2]. Property, described as Tax Map 61M. Section 12, Parcel~ I and 1H. consists of approximately 2.4 acres zoned C-1, Commercial. This site is located in the southwest corner of the intersection of Route 29 and Dominion Drive in the Rio Magisterial District. This site is recommended for Community Service in Neighborhood 1 of the Comprehensive Plan. AND SDP 97-029 First Citizens Bank Preliminary Site Plan - Proposal to construct a bank of approximately 3,800 square feet with ddve thru windows and an automated teller machine on 2.387 acres zoned C-1. Commercial. Mr. Keeler presented the staff report. He explained that the preliminary site plan is before the Commission at the request of an adjacent property owner Staff recommended approval of both the special permit and the preliminary site plan, subject to conditions. Staff answers to specific Commission questions were as follows: -On-site lighting will be addressed by the Architectural Review Board, as it relates to Rt. 29. The Commission may, if it. desires, add a condition to address lighting in relation to adjoining properties. Mr. Dotson was concernee about lighting of the drive-thru areas which m~ght "cast a lot of wasted light in the wrong areas." He was also concerned about the possible use of spotlights. --The Ordinance requirement [Section 32.9.8] for screening between commercial and residential developments is "5-6 feet high white pines planted 15 feet on center in a staggered row, or an opaque fence and a single row of p~nes, or alternative methods of vegetative screening as proposed by the applicant and approved by the agent (Director of 4-15-97 3 Planning)_" Staff favored screening shrubs over trees because they tend to shield headlights better. The applicant was repreSented by Mr. Peter Bishop. He offered to answer Commission questions. Answers to specific Commission questions were as follows: --This will be the first branch of this bank in this area. though there are branches on other parts of the state. -Addressing Mr. Dotsen's question about providing a sidewalk along Old Dominion Drive. Mr. Bishop said "would not be a problem." --The location of the ATM at the rear of the building was dictated by on-site circulation needs. The ATM will be visible from Rt. 29. The applicant does not feel the ATM is in an unsafe location. --The applicant proposes to place, "along the rear property line," adjacent to residences. "landscaping, mixed with trees." He pointed out that the residences behind the building are at a considerably higher elevation. He stressed that the existing vegetation along the drainageway will not be disrupted in any way. The applicant plans to choose vegetation which will provide adequate screening, but-will not provide a hiding place for potential robbers. .In response to Ms. Huckle's question as to whether the applicant plans to clean up the streambank. Mr. Bishop replied: "We're going to dean up the site and make it look dght. We don't want something that looks trashy to our customers, Yes, we would clean it up to the best of our abilities without disturbing the current growth." -In response to Ms. Huckle's question about the location of the fill activity which will occur ~n the floodplain. Mr. Bishop located the area on the map and described it: "Where the floodplain is located on this dashed line--it currently runs through the existing parking lot and the building which currently exists. We propose to leave all this area completely alone. The area which is in the red line is where the bottom of the fill material will come to." (He pointed to this area on the map.) --As referred to in the County Engineer's comments, the applicant is currently looking into revising the flood study previously prepared by Earth Tech. and whether or not the filling will raise the flood levels by any significant amount, The applicant believes, after a cursory review, there will be an "inconsequential effect." If that is not the case, other approaches will be explored at that time. (Ms. Huckle said she was uncomfortable being asked to give an opinion when all the information is not yet available.) Mr. Bishop said those issues will be addressed during the site review process, and "we wouldn't go that far:if we can't solve those issueS." He reminded the Commission that tonight's review is for a special permit for the drive-thru window. Public comment was invited. Ms Kathryn Fulton an adjacent property owner, addressed the Commission. Her pdmary concern was about the type of barder proposed between the bank and her residence. She did not feel shrubbery or white pines are adequate. She pointed out that white pines are prone to disease and also are not thick enough to provide a shield from lighting. Also, trash will blow through the pines. She was concerned about the possibility that escaping bank robbers would escape via her yard. She asked that a more permanent 4-15-97 4 barder-a high fence--be required. In response to Ms. Huckle's request, Ms. Fulton described flooding which occurs on her property: Mr. Finley said it appears, because the work in the floQdpiain will be downstream from the Fulton property_ it should not cause existing flooding problems to worsen. Ms. Fulton wondered if it might cause the water to "back up" onto her property. She said the flooding problems she experiences are "about the same" as they were before the culvert under Rt. 29 was replaced There being no further comment the pub!ic hearing was closed. Mr. Jack Kelsey, Chief of Engineering, answered Commission questions about the proposal. -The grading plan on which the Earth Tech study was based "shows additional filling which does not show on this particular map .... They could fill at least to that point without changing the study which was already submitted." But filling proposed by the applicant in other areas (he pointed those out on the map) will add fill which was not taken into consideration in the Earth Tech study. It is for that reason that the Engineering Department is asking for verification of that study, based on the applicant's proposed contours. --Because of the very large drainage area, there will always be high water in this channel dudng heavy rainfall~ There has been some imprevement with the iocreased size of the culvert. --The small change in impervious area which is proposed is not likely to cause much impact to the drainage. If there is an increase in post-development runoff, the provisions of the Runoff Control Ordinance will have to be corn plied with. If runoff is increased, stormwater detention will be required, "even if it is a drop in the bucket." The applicant will be required to provide an analysis of existing runoff vs. post-development runo~ff. That will be a part of the final review. ( The applicant's rePresentative. David Collins. said the runoff may decrease because the impervious area may actually decrease.) --The rear property lines of properties abutting this property are also in the floodplain. Any fence which is erected either on this property or adjacent properties will have to be located away from areas where the velocity of the water might wash it out. (it was determined that the shrubbery shown on the plan, adjacent to the parking area, was not located in the floodplain.) A fence located in the area of the landscaping shrubbery should not pose a problem. The Commission discussed at length the question of fencing. Staff confirmed that the Commission could require a fence, as a condition of the special permit. Ms. Huckle said she feels this is a good use for the site. but she favored some type of privacy fence in addition to shrubbery. She felt the addition of a fence would help to minimize the possibility of trespassers on residential properties. Mr. Kamptner saic~ the Commission has the discretion to require whatever type of fence it feels "will address the impact. which in this case is the privacy and headlight impacts on the adjoining property because of the teller windows and ATM allowing for extended night time hours." 4-15-97 5 Mr. Keeler noted that the fence should not encroach into the floodplain, as Mr. Kelsey had cautioned against. Mr. Dotson asked if the ARB desires to make further stipulations related to a fence, will it be able to further modify a condition of the special permit? Staff said the ARB cannot modify a special permit condition. Mr. Keeler further explained that a provision of the Entrance Corridor District says that "if there is a conflict between the Commission action and the ARB action, if the Commission action serves public health or safety, the Commission action stands." Mr. Dotson said he has a concern about an opaque fence which may create an area where someone could hide. (Ms. Huckle pointed out that someone can also hide in vegetation.) He said he was not convinced a fence would really improve screening, beyond what the existing vegetation already provides, given the elevation differential. He said he would not oppose the special permit, but he wanted to voice his concem. (Mr. Finley agreed.) Mr. Loewenstein understood Mr. Dotson's concem, but said that "in balance." he felt a fence might address some of the other concerns expressed by adjacent property owners. There was some confusion as to whether the fence should be on the "residential side (outside) of the shrubs or the bank side (inside) of the shrubs." Mr. Keeler said that the shrubs are intended to screen the use from the residential area, so it would seem logical that the fence be on the bank side of the shrubs, otherwise there would be no use for the shrubs. However, the applicant expressed the preference that the shrubs be in front of the fence (i.e. the shrubs would be on the bank side, with the fence behind them on the residential side). Ms. Washington asked if the applicant would consider planting shrubs on both sides of the fence, so as to make it attractive for both the bank customers and the adjoining residences. The applicant did not respond. It was ultimately agreed that the fence should be at least 6 feet high, of a stockade. opaque style and would be located on the northwest side of the building and outside of the landscaping abutting the parking area. MOTION: Ms. Washington moved. Mr. Nitchmann seconded, that SP-97-06 for David and Joseph Wood be recommended to the Board of Supervisors for approval, subject to the following conditions: 1. Drive-through windows will be limited to four (4), three traditional anc~ one ATM window. 2. Screening shrubs shall be planted along the residential side of the parking area and bypass lane. 4-15-97 6 3. Erect and maintain an opaque stockade-style fence, six feet in height, on the northwest side of the building and outside of the landscaping abutting the parking area. as shown on the preliminary site plan, except where such area is in the floodplain. The motion passed unanimously. MOTION: Ms. Washington moved, Mr. Nitchmann seconded, that: (1) the First Citizens Bank Preliminary Site Plan be approved subject to the following conditions; (2) A waiver of Section 4.12.6.2 be granted to allow one-way internal circulation; and (3) The Commission review the final site plan: 1. The Planning Commission shall not rewew the final site plan until the following conditions have been met: a. Planning Department approval of landscape plan, sidewalk location and lighting plan. b. [23.6.6.dl Albemarle County Engineering Department approval of grading and drainage plans and computations. Due to the filling within the existing 100-year floodplain, the flood study previously prepared by Earth Tech will require revising to show no adverse impact on neighboring properties; c. Issuance of a Certificate of Appropriateness by the ARB. 2. 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: a. Engineering Department approval to include: 1. Delineate and label proposed easements for water lines, gas lines. sanitary sewers and storm drainage pipes. Provide an appropriate drainage easement over the existing stream. According to VDOT's US 29 Road Improvement Plan. there is a drainage easement over the existing endwall. 2. The proposed drive-thru and bypass layout scales 47 feet from the ATM pad to the rear gutter. This width provides enough room for one vehicle to wait patiently for the ATM while the second vehicle encroaches into the 15-foot bypass lane. The only way to guarantee enougn room for adequate bypass is to stripe the lanes to each drive- thru lane. Therefore. pavement stdping must be shown to vedfy adequate width for the bypass lane or an alternative alignment/layout proposed. 3.. [Albemarle County Engineering Policy] VDOT approval of plans and drainage computations. 4. [32.7.4.3 - Erosion and Sediment Control Ordinance] VDOT approval of plans and drainage computations. bo Albemarle County Service Authority approval to include: 1. Obtaining an additional easement around the existing sewer line. 2. Remove the proposed sewer line near the entrance and use the existing meter. c. Building Code and Zoning Services approval to include: 4-15-97 7 I Approval of Special Use Permit SP 97-06. 2. Recordation of the subdivision plat. The motion passed unanimously. MISCELLANEOUS Resolution of Intent Re: Day Care and Square Foota,qe Ratio - Mr. Cilimberg reported that the Zoning Administrator has revised a previous determination related to a rezoning request in Crozet which was to change from Industrial to C1 for a day care use. (Heard by the Commission March 25, 1997) The Zoning Administrator has provided a written determination that a special permit for this request is a possibility, which is contrary to her prewous opinion. (This new opinion was the result of further investigation of the qualifying language (Section 9.4) as to the discretion of the Board of Supervisors which- says the Board can use its discretion to waive the percentage requirement in a particular case.) The request is scheduled for the Board April 16th and the applicant is requesting a withdrawal of the rezoning request so that it can be reflled as a special permit request. Regarding the Resolution of Intent which the Commission passed as a result of the rezoning request, Mr. Cilimberg advised that it be "put on hold" until the special permit review has taken place. There being no further business, the meeting adjoumed at 8:35 p.m. DB V. Wayne Cilimberg, Secretary 4-29-97 05-08-9~t~u3:27 RCVD 80ARD OF SUPERVISORS APRIL 29. 1997 The Albemarle County Planning Commission held a public headng on Tuesday, Apdl 29. 1997, in the County Office Building, Charlottesville. Virginia. Those members present were: Mr. Jared Loewenstein. Chairman; Mr. David Tice, Vice Chairman; Ms. Hilda Lee- Washington; Ms. Babs Huckle: Mr. Bruce Dotson; and Mr. William Finley. Other officials present were: Mr. Wayne Cilimberg, Director of Planning and Community Development; Ms. Mary Joy Scala. Senior Planner: Mr. David Hirschman Water Resources Manager; Mr. Greg Karo ptner. Assistant County Attorney; and Mr. Pete Anderson. UVA Representative. Absent: Commissioner Nitchmann. A quorum was confirmed and the meeting was called to order at 7:00 p.m.. The minutes of April 15. 1997 were unanimously approved as submitted. [NOTE: Because of problems with the recording equipment and individual microphones. some of the tape for this meeting is difficult to understand.] WORK SESSION - Pilot Groundwater GIS Database System Mr. Nick Evans (Division of Mineral Resources) described in detail how groundwater data is being collected to create a GIS database system and how this information can ultimately be used as a planning tool. At the end of the work session public comment was invited. Ms. Kathryn Hobbs. representing the League of Women Voters, read a statement which urged the County "to cooperate with the Division of Mineral Resources to provide the necessary money and staff to continue this important project." (Her statement is made a part of these minutes as Attachment A) WORK SESSION - Cooperative Extension County-wide Well Testing Results Mr. Hirschman called the Commission's attention to the report which they had already received on the well testing project. He said the report includes responses to the survey, about which Commissioners had expressed an interest. (Because of time constraints, there was no discussion of this topic.) WORK SESSION - Water Resources Section of the Comprehensive Plan Ms. Scala reviewed changes made in this section of the plan. Commission comments and suggestions were as follows: 4-29-97 2 -Loewenstein: He thought it would be helpful if quantitative data on the individual watersheds could be included in this section. --Huckle (pg. 4): She questioned the accuracy of the statement that the County "can require verification of adequate quantity and quality for new development." She said she has asked for verification for water supply quantity many times and has always been told that the County cannot require it. Ms. Scala said she thinks there are times-e.g, for special permits or rezonings--when a condition can be imposed, but. for a single family dwelling, the County cannot require proof of water quantity. Mr. Kamptner confirmed there is presently no enabling legislation to allow the county to require verification of water quantity at the subdivision stage. Ms. Huckle said she understands Clark County does require such verification and wondered if they had some type of special allowance to impose this requirement. Mr. Kamptner was not familiar with Clark County's procedures but said he was not aware of any other enabling authority which they may have. Ms. Huckle said she feels it is very important that the CoUnty have the authority to require verification of quantity of water supply. She said: "But I don't know if we should put it in here if we don't have it, but if we do have it we ought to know it." Mr. Dotson said ft would be useful to have a written report from the County Attorney's Office on this particular question. -Huckle (pg. 9): She asked why,Jacob's Run and Preddy Creek are not 'isted here. (Mr. Hirschman explained Jacob's Run was not listed because it is smaller than the other watersheds shown on the map, but he said it could be added.) --Finley (pg. 1 - Introduction) - He thought watershed protection should be broader than just "drinking water." He listed "domestic water supplies, industrial, agricultural and coromercial." He said there are "other interests to protect" under the heading of watershed protection. --Finley (pg. 8): He felt a "glaring omission" to the Water Resources Committee was representation of the rural agricultural community. (Mr. Hirschman said the Albemarle County Farm Bureau is one of the civic organizations which has been invited to participate and could be considered as a representative of the agricultural community.) --Tice (Chesapeake Bay Section): He suggested a statement be added about the Bay program's focus on tributary strategies, perhaps summaY~zJng the status of this program at the time this Water Resources Section is finalized. He also suggested a statement be added about the work the Thomas Jefferson Sustainability Council has done. Specifically, it would be helpful to include the indicators related to water resources. --Tice (pg. 6): Add a bullet under the Virginia Department of Forestry which relates to that department's role in the enforcement of the Forestry Water Quality Act. --Tice (section on stream valleys): Add a statement linking this to the Greenways Plan. He noted that the language here says to "preserve stream valleys in their natural state." and some of those same stream valleys are identified in the Greenway Plan as potential recreational corridors. He cautioned that care be taken so that the language does not conflict. -Huckle (pg. 12): Referring to the South Rivanna Watershed Study, she asked about the status of the recommendations. Mr. Hirschman said the Study has been completed. The adoption of the Consolidated Ordinance will be the first item recommended for implementation. --Tice (map of water supply watersheds): He asked if the county also has land which lies within water supply watersheds of other communities. He felt it is important that people 4-29-97 3 understand that even though their land might not be within an Albemarle County water supply watershed, their actions still impact downstream water supplies. --Finley (Buck Mt. Creek): He noted that though there are some statements (pg. 20 and 21 ) about a possible Buck Mt. reservoir. "it sort of vanishes until page 22." He wondered if this is a sufficient explanation about the Buck Mt. Creek basin. Ms. Scala said a major revision to this section had been the de-emphasis of Buck Mt. as an alternative. In the past Buck Mt. has been considered a "definite alternative." but recently it has been less definite. Mr. Finley said that though the Commission is aware of the reasons for this de- emphasis, the public is not. and it should be more clearly explained here. --Huckle (pg. 42): She felt the development of a hydrogeologic testing process should be a top priority. --Tice (Surface Water): Should there be a cross reference to the Mountaintop Protection Plan in relation to the impact of debds flows? Ms. Scala said it could be cross- referenced either under Surface Water or Flood Plains. --Tice: He felt water conservation techniques should be em phasized more strongly because they are a critical component in dealing with water supplies. WORK SESSION - Consolidated Water Resources Ordinance Mr. Hirschman explained the history of the development of the Ordinance and how the new ordinance differs from existing practices. Commission comments and suggestions were as follows: --Huckle (Article 1, General Provisions): She felt Groundwater should have its own "letter" under General Provisions. She suggested: "Protect groundwater from pollution and facilitate recharge of groundwater." ~-Huckle (Article 1, General Provisions. E): She suggested a change: "Maintain the integrity of existing stream channels and their networks for their biological functions, drainage and the natural recharge of groundwater..." --H uckle (pg. 22, re: management of stream buffers and removing fallen trees): She called attention to a book entitled Stream Habitat Improvement Handbook which shows different types of devices which are placed in streams to enhance their health by providing ripples and pools. She suggested it might be helpful to make this handbook available to the public. --Huckle (pg. 23. no. 3. re: removal of trees): She was afraid too much emphasis on trees "6 inches in diameter" might leave the average homeowner confused. She suggested adding language similar [o the following: "In order to brunt the force of raindrops and thus prevent erosion that there should be an understory consisting of medium height bushes and groundcover which should not be cleared and should be added if missing." (Mr. Hirschman pointed out those three layers are addressed on pg. 22, B, 1 .) -Ms. Huckle commended staff for their work in the development of this ordinance. --Huckle: She asked for an explanation of the difference between the exemptions for silvaculture--in one place BMP's are required and in another place (pg. 19) it is exempt. Mr. Hirschman explained: "Page 19 is exemption only for water quantity stormwater detention. The other exemption is related to stream buffers." The Virginia Department of Forestry has a /? 4-29-97 4 program of BMP's for silvaculture and BMP's are mandatory for silvaculture operations within resource protection areas and for property which is in the land use assessment program. Public comment was invited. Mr. Don Franco (an engineer) expressed the following concerns: --"There are a lot of procedural things, as well as design techniques and methodologies that are in an ordinance that belong in a design manual. So those should be pulled out of there, mainly because of flexibility. There is more flexibility in a design manual than in an ordinance, i.e. it is more of a living document and is easier to amend. Getting a design manual out to the public is important." --There should be included a "recognition of what the goals are." "Erosion control may have different goals than water quality goals .... Erosion control ddves more of what I do than anything else in terms of design." --It is presently easier to develop in rural areas than ingrowth areas. This Ordinance has made the "gap smaller," but does not close the gap. --Referring to the Mountaintop Protection Ordinance, "Should staffing requirements be your yardstick for saying we're going to wdte off the rest of the rural areas?" Mr. Franco said he felt the development community had been fairly represented throughout the process of the development of this ordinance. There was discussion about the anticipated time line for the completion of the Ordinance and the scheduling of the public hearing. Mr. Hirschman said there are a few "housekeeping" items yet to be completed. Aisc. the County Attorney's off.ice has yet to review this most recent draft. Mr. Kamptner noted that the Consolidated Water Resources Ordinance will cause the need for some amendments to the Zoning Ordinance provisions related to erosion and sediment control and stormwater control. He envisioned the Ordinance will be ready to come back to the Commission in its final form in about two months. Mr. Cilimberg questioned the need for the Ordinance to come back to the Commission after the County Attorney's office has completed its final rewew. It was finally determined that the Commission was in "general agreement" that the document could proceed to the Board if the staff determines that there is no need for it come back to the Commission. Mr. Dotson hoped--if there is another Commission work session on the Ordinance--the staff report will respond to some of Mr Franco's comments about "unintended consequences." There being no further business, the meeting adjourned at 10:00 p.m. DB V. Wayne Cilimberg, Secretary League of Women Voters · LWV 1928 Jaa'lington Boulevard Room 105, Charlottesville VA 22903~1561 phone: 804-970-1707 htr p://aven ue. org/Iwv Iwvl~avenue.org fax: 804-970-1708 of Charlottesville and Albemarle County 29 April [997 TO: Albemarle County Planning Commission FROM: League of Women Voters RE: Integrated Digital Hydrogeologic Database The LWV has long been concerned about the lack of information on the quantity and quality of groundwater in Albemarle County. The integrated digital hydrogeologic database being developed by the Virginia Division of Mineral Resources using Albemarle County as a pilot study area provides that information--information that can be used to (1) make an informed decision in planning development based on ground- water use (2) implemenr regulations protecting groundwater and {3) take the necessary steps to prevent the pollution of groundwater. We urge you to copperate with the Division of Mineral Resources to provide the necessary money and staff to continue this important project. ';..a non:partisan organization ~fecC~catec[to the.promotion of informec[aru~actiYeJJartici~ation of citize~ts in government." 5-6-97 BOARD OF SIJPERV!$ORS 05-I 4-9'/P12 :.3'7 .RCVD 1 MAY 6, 1997 The Albemarle County Planning Commission held a public heanng on Tuesday, May 6. 1997. in the County Office Building, Charlottesville, Virginia. Those members present were5 Mr. Jared Loewenstein, Chairman; Mr. William Nitchmann; Ms. Hilda Lee- Washington; Ms. Babs Huckle; Mr. Bruce Dotson; and Mr. William Finley. Other officials present were: Mr. Ron Keeler, Chief of Planning; Mr. Bill Fdtz, Senior Planner; Mr. John Shepherd, Planner; and Mr. Greg Kamptner, Assistant County Attorney. Absent: Commissioner Tice. A quorum was confirmed and the meeting was called to order at 7:00 p.m. of the April 22nd meeting were unanimously approved as submitted. The minutes CONSENT AGENDA Addition to Moorman's River Aqricultural/Forestal District - Consists of four parcels totaling 242.38 acres located on the east side of Route 671 (Ballard's Mill Road). One parcel is located at the intersection of Route 665 (Millington Road) and three parcels are located near the intersection of Route 609 IWesley Chapel Road). The proposed time period is the same as for the odginal district, or 10 years from December. 1994. The existing Moorman's River-District contains 10.379 acres. The Commission is required to take action at this time to accept the applications. Comment was invited. None was offered. MOTION: Mr. Nitchmann moved. Ms. Washington seconded, that the application for the addition to the Moorman's River Ag/Forestal District be accepted. The motion passed unanimously. Addition to Keswick Agriculturat/Forestal District - Consists of two parcels totaling 65.50 acres located on the west side of Route 22. The proposed time pedod is the same as for the odginal district, or 10 years from September. 1994. The existing Keswick District contains 6,401 acres. The Commission is required to take action at this time to accept the applications. Comment was invited. None was offered. MOTION: Mr. Nitchmann moved. Mr. Finley seconded, that the application for the addition to the Keswick Ag/Forestal District be accepted. The motion passed unanimously. SU B-97-014 Kincannon - Request for Waiver from Section 18-36(f) of the Subdivision Ordinance. Comment was invited. None was offered. 5-6-97 2 MOTION: Ms. Washington moved, Mr. Nitchmann seconded, that the request for a waiver from Section 18-36(f) for SUB 97-014 be approved. The motion passed unanimously SUB 97-028 Westminster Canterbury of the Blue Ridge - Radial Parking and One-Way Circulation Request The applicant was represented by Mr. Kurt Gloeckner. Public comment was invited.. None was offered. MOTION: Mr. Nitchmann moved, Ms. Washington seconded, that the request for radial parking and one-way circulation for Westminster Canterbury of the Blue Ridge be approved. 'The motion passed unanimously. ZMA 96-24 - N & S., L.L.C. - Petition to rezone approximately 43 acres from R-2, Residential. and EC. Entrance Corridor Overlay District, to R-15, Residential and EC, Entrance Corridor Overlay District. Properties described as Tax Map 76, Parcels 54, 54A. 55B 55D. are located on the north side of Rt. 631 (Fifth Street Extended) approximately .2 miles southwest of Interstate 64 in the Scottsville Magisterial District. Parcels 54, 54A. 55B, are recommended for Transitional in Neighborhood 5. Parcel 46A(pt.), on the west side of Old Lynchburg Road, is recommended for Neighborhood Service in Neighborhood 5. Deferred from the April 22, 1997 Commission meeting. Mr. Fritz presented the staff report. Staff recommended approval of the rea uest based on the finding that "this application is consistent with the Comprehensive Plan. both in terms of density, zoning designation and a plan of development," and subject to acceptance of the applicant's proffer. The main issue discussed by the Commission was the impact of this project on the Interstate Interchange. There was considerable discussion about the existing traffic levels "level of service", traffic patterns, how this project will impact the traffic situation in this area. and ultimate road improvements which may need to take place Staff answers to Commission questions included the following: --The original application included the commercial area. In response to the Virginia Department of Trensportation's comments about traffic on 5th Street, the Interstate Interchange, and improvements, "the applicant chose to scale back the development." Those issues will be addressed when a request for the rezoning of the commercial area is submitted. There has been no change in the proposal for the development of the residential part of the property, "other than to take it from a planned development approach to an R-15 approach." "The concept remains the same." Mr. Fdtz confirmed that this proposal provides "less information" in terms of the ultimate development of the property. --The level of service for the northbound traffic into the city is presently at a level F. (A level of service F = 193 second delay for one turning movement.) Southbound would drop from a D to an F. "However, the traffic study submitted by the applicant lumps this 5-6-97 3 development with the Jefferson National Bank Development in terms of future impact to 5th Street. so we can't tell you specifically what this development does to cause th~T~gel of service to drop-whether or not this development alone would cause itto drop from a D to an F. "Staff is not able to state what the impact of this development alone is. It is the opinion of staff that the problems associated with the Interstate Interchange are due to eX/Sting or approved development and staff improvement is that the need for improvements to the Interstate Interchange recommended by VDOT is-not substantially generated by this project alone. Staff opinion is that the County and VDOT should work together towards im proving the level of service at the Interchange. With typical buildout pattems, it will be the summer of 1998, at the earliest, before additional impact to the Interchange will be created by occupancy of units in this development .... It is our recommendation that the poor level of service at the Interstate Interchange is a pre- existing situation and that this development does not substantially cause a need for improvements and therefore we are able to recommend approval of this rezoning request." -Its difficult to compare the traffic from this development with that of JNB, because the traffic from this development will have a "reverse" a.m./p.m, peak pattern. The "peak- hour'' traffic volume for the bank is 787/vtpd; the traffic volume for this project (full build- out) is 2.554/vtpd. --The limiting factor is not 5th Street: the limiting factor is the Interstate Interchange ramp. There ,s no capacity problem with the roads (either 5th Street, of 164). The intersection with the Interstate is the only issue. --All urban ramps in the area are approaching-and some have already reached--a "failure" level of service. There is no evidence that traffic is presently backing up on 164 at this location. --A traffic study of the entire acreage was done with the original proposal. VDOT's onginal comments were based on that study, and "that led to a scaling back of the development." -Even though Mr. Fritz confirmed a plan for the entire property could have been submitted, with the commercial development being a later phase (after traffic concerns have been addressed), "it would have been much more complicated and, in my opinion, I (Mt. Fritz) don't think we're losing anything by breaking it up into two rezonings." He explained: "It's R2 on the other portion, so it's reasonable to anticipate there will be a rezoning application at that time. It will, effectively, be treated as a Phase II, and we have talked with the applicant about not doing anything in Phase I which will jeopardize the approval of. or cause some hardship in, Phase II. We can find nothing that is being done in the residential development which would jeopardize the future development of any commercial or residential area. So, in essence, that is what we're doing, but we'll be doing it in two separate applications. It would have been a much more complex rezoning application with a phasing plan or treating it all as a single plan development at this time. Allowing the separation to occur, and for the County and VDOT to work toward some resolution of the Interstate Interchange issue will certainly help at such time as a future rezoning comes for either of ~he two commercial areas." -If a traffic signal at the entrance to the site. on 5th Street Extended, is determined to be required, it will be installed at the expense of the applicant. It need not be a condition of this application because "if one is required, it is simply required before VDOT will approve the site plan." 5~6-97 4 --This development will be subject to the review of the Architectural Review Board. Staff does not feel there is anything which cannot be addressed dudng the site plan review by the ARB and staff feels making any limitations at this time "would bind the hands of the ARB in the future." The Chairman asked Mr. Kamptner to explain "the degree to which the Commission can take into account the traffic impact," based on the staff's comments. Mr. Kamptner replied: "The ability to consider off-site im pacts is rather limited. The problem being that the enabling legislation does not recognize consideration of off-site impacts, or at least the reverse of requiring off-site improvements. Generally, impacts can be considered as part of your legislative determination, but the basis of a denial, we don't think can be based upon, in this case, the traffic condition. This condition is pre-existing: In working with staff I think we have agreed that the impacts and the need for improvements are not substantially generated by this particular project. There is other development which has gone on in this area-JNB across the street--for which these impacts were not considered or they weren't addressed which raises another issue with respect to treating different parcels differently. The JNB project was approved without looking at this particular impact. To deny the project, based upon traffic alone, we think would be treating a similarly situated property differently, recognizing that the Comprehensive Plan does ask that there be edeauate facilities when a property ~s rezoned, but also considering that we have rezoned other properties in this area." Mr. Dotson noted that staff's comments seem to be more related to "who pays for Interchange ~mprovements, not whether the Interchange is adequate or not and can support the use. Really what staff is saying is that it would appear not to be fair to require this applicant to pay. Whether the Interchange is adequate is a different question." Mr. Kamptner responded: "That's one ~mportant factor. As you know the State took over the maintenance of the roads in the 1930%. The Court has had these issues come up before and they've said this is the responsibility of the State. It is not the burden of individual landowners to maintain the roads around them. It is pdmadly the function of the State to insure an adequate State system. The Courts have recognized this kind of approach sometimes leads to a lag in keeping up with the development. But the State has assumed this role." Mr. Finley asked if staff had changed their prewous recommendation for denial because of the inability to definitively evaluate the traffic impact from this development. Mr. Fdtz responded: "No, that is not the reason. The reasoning (behind the change in staff's recommendation) is based on further evaluation of what the existing impact was at the Interstate Interchange, further consultation with the County Attomey's Office and further review of the Southern Transportation Study." Mr. Nitchmann said his only concern is with the large amount of bank traffic. Because of that traffic he said the exit from this development needs to be studied closely. Mr. Fritz said the transportation study submitted by the applicant already contemplates a signal at that intersection. Mr. Nitchmann asked if there were future plans for pedesthan access to the commercial areas. Mr. Fritz said staff is also concerned about this and provisions of 5-6-97 5 the Zohing Ordinance allow for the review of sidewalks and other pedestrian accessways. The proffer submitted by the~ applicant "allows us to address all those concerns." Ms. Huckle said her main concern is the lack of commercial "service" area for the residents of this development, which means there will be additional traffic on the highways as these people travel to shopping areas, It was pointed out that there is a large grocery store and other businesses less than a mile away. The applicant was represented by Mr. Stan Tatum. He explained how this plan had developed, based on the applicant's desires and the County's plans for this area. Additional information and answers to Commission questions were as follows: --The residential development will be a total of approximately 400 units (with recreational amenities) and will be done in two phases (200 units/phase). Each phase will have a 2-year buildout time. "The owner has agreed to stretch that to whatever reasonable degree to ease fmpact on the ramps at the Interstate." Assuming good economic conditions, a minimum of four years is anticipated for completion of the two phases. --The type of units has not been definitely decided upon, but something comparable to Lakeside is being considered. --Recreational facilities will be "typical," -- a pool, playgrounds, and possibly tennis courts. ['Based on the number of units proposed, Mr. Fritz said the equivalent of 8 or 9 tot lots will be required, and 5 or 6 equivalent basketball courts, in addition to a passive recreation area.) -With the original plan, commercial of-rice-type development was envisioned for the commercial part of the property. The timing of the commercial development is dependent on the condition of the economy. (Ms. Huckte noted that commercial development near the Lakeside development had been strongly supported by the residents of the area.) --The plan on display rs a conceptual plan, but "generally represents the intent." --There will be no access from the R-15 part of this property to Old Lynchburg Road. There may ultimately be a connection from the commercial part of the property. Mr. Nitchmann asked if there are any plans to make some of these units affordable for "young marrieds" (in the $450-$500 range). The owner of the property, Mr. Heischmann. answered this question. He said the cost of development and infrastructure will ddve the rents. He felt a minimum rent will be $500/month for a one-bedroom unit. He said the way to keep the costs low is to increase the density. In response to Mr. Finley's questions about the number of school-age children which will reside in this development, Mr. Tatum estimated 24-30 students/building. Staff confirmed high school age students will attend the new Monticello High School. will Public comment was invited, None was offered and the item was placed before the Commission. Mr. Nitchmann said staff and the applicant have answered most of his questions. He said it is now the County's job to make sure the development occurs in a way that protects the 5-6-97 6 future of the surrounding community. He was not concerned about the lack of a commercial plan at this time. The issues related to commercial development can be addressed when a rezoning is submitted. He hoped the development of this area will put more pressure on VDOT to "start looking at this sooner rather than later." He concluded he could support the request. Ms. Washington agreed with Mr. Nitchmann. Mr. Dotson said he liked the applicant's original proposal more than this "piecemeal approach." He said the first proposal was closer "to what we meant when we said a transitional area with mixed use." He felt a plan for the entire property would have been better, with the phasing being tied to the service level of the Interchange. He said he is somewhat concerned about precedent because this is the first significant transition-area rezoning. "Even though we said in the Plan that an overall plan should be submitted, we are willing to accept piecemeal. I think of the property on Hydraulic Road and some of the concems there and I would like to see these areas proposed in tact. It is a dilemma. I like the applicant's thinking; I like the proposal; but this would put us in a position of piecemeal development. I also think it is important that we get the land use dght and then figure out the traffic problem because I don't think the community is going to be ~n a position much longer where we can have the Iow levels of traffic we have had thus far in a lot of different areas. We need to figure out ways to live with traffic and one of the ways is to get the land uses right. I think the overall concept the applicant has is the way to get the land uses dght .... As I look at the site plan--and I understand the proffer that the whole residential will come in at once-I am not sure that covers all the issues. For instance, if I ~magine this is the site plan. then to go from those apartments to the commercial, you're going to have to go out on 5th Street." Mr. Fritz addressed this concern saying: "That's one of the advantages of getting it to cover the whole area. There ~s a provision in the Zoning Ordinance which allows us to require access be provided to adjoining properties. So we will be able to address that. One of the other components of the Zoning Ordinance is to attempt to get two points of access whenever you have 50 units or more. So it is theoretical there would be two points of access. One would be through what is proposed ultimately to be the commercial area either to Old Lynchburg, or back out to 5th Street. So that can be addressed very easily through the site plan review process." Mr. Dotson. after hearing Mr. Fritz's comments, concluded: "So a reasonable expectation is you would require access from the red area to the blue area for pedestrian and vehicular. So in that sense it would be dealt with as one overall :)lan." He said the knowledge of this connection helped his dilemma with this proposal. Ms. Huckle asked if requinng the access described by Mr. Dotson should be a condition. Mr. Fdtz said "it will be done as a matter of course dudng site review." He added that items should as sidewalks, recreation areas, etc. (which are not shown on this plan) are all site plan issues. He said the site plan will be reviewed under the administrative review process and can be brought before the Commission if a Commissioner calls it up. 5-6-97 7 Mr. Finley said he had not been prepared to vote when this item had been previously scheduled, but with Mr. Fdtz's memo and after having heard tonight's discussion, he said he was now ready to vote. Ms. Ruckle asked when a second point of access will have to be provided. Mr. Fdtz replied: "It does not have to wait until the commercial development takes place. They could bdng a second point of access through what is now R~2 property to serve R-15 property. There is no provision in the Ordinance which would prohibit that." Ms. Huckle asked if that should be a condition. Mr. Fritz said: "We can require it as part of the site review process." Ms. Huckle felt this should be "number one on staff's list." MOTION: Mr. Nitchmann moved, Ms. Washington seconded, that ZMA 96-24 for N&S. LLC., be recommended to the Board of Supervisors for approval subject to acceptance of the applicant's proffer. The motion passed unanimously. Mr. Nitchmann said he hoped the applicant will consider making at least a small percentage of these units affordable to young adults just getting started.~(e.g., teachers. firemen, policemen, etc.). Mr. Loewenstein ~xpressed the hope that the County and VDOT will move very quickly to resolve the traffic problems. SP 97-7 James W & Edith M. Love - Request for a special use permit to display vehicles for sale, on a parcel currently used for a mobile radio installation and repair business located on the west side of Avon Street Extended, north of Interstate 64. AND Site Plan Waiver Request for James W. & Edith M. Love - Request to waive the site plan requirement for a proposed used car sales display, on a parcel currently used for a mobile radio installation and repair business. The staff was requesting deferral to May 27 to allow receipt of ARB comment. Public comment was invited. None was offered. MOTION: Ms. Washington moved, Mr. Nitchmann seconded, that SP 97-7 for James W. and Edith M. Love and a Site Plan Waiver Request for James W. and Edith M. Love be deferred to May 27, 1997. There being no further business, the meeting adjourned at 8:25 p.m. DB V. Wayne Cilimberg, Secretary DAVID R. GEHR COMMISSIONER COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 701 VDOT WAY CHARLOTTESVILLE. 22911 Distributed ~ 8o~rd: _ ~'//~'/q ? A. G. TUCKER RESIDENT ENGINEER May 9, 1997 Route 633 Albemarle County Ms, Ella W. Carey, CMC Albemarle County Board of Supervisors 401 McIntire Road Charlottesville, VA. 22902 Dear Ms. Carey: Begirknlng Monday, May 12, 1997 Route 633 in southern Albemarle Cou//ty will be closed to through traffic for approximately 6 ~o 8 weeks. This closing is due to replacement of the railroad bridge 1/4 mile East of Rouse 29 at Covesville. Detours are in place. Detour is Route 692 co Route 712 and Route 712 ~o Route 633 at South Garden. Weather and other conditions that are beyond the control of VDOT can affect the schedule for this work. JES/ldw Attachments Sincerely, Maine. Oper. Mgr. cc: Mr. D. R. Askew, Keeue HQ Mr. Robert W. Tucker; Bd. of Super Sch. Trans. Dept., North Garden Fire Dept. Albemarle Co. Schools; Ch'ville Fire Dept. County Police, State Police. S. C Dean Ch'ville. Pos~ Office; Ch'ville. Rescue Sqd. TRANSPORTATION FOR THE 21ST CENTURY ~r~~ BOARD OF SUPERVISORS f~' ~ //-k~~ ) THOMASo~-os-97AOS:29~ ~cv~ ~SO~d WATER CONSERVA~ON D~T~~ h~m ~. 695 Berkmar Court, Suite 2 ' Charlottesville, VA 22901-1406 (804) 975-0224 MEMORANDUM TO: James River Watershed Coalition and other interested parties FROM: Alyson Sappington, District Manager RE: Intedm Report: November 1, 1996 - Apdl 30. 1997 DATE: May2, 1997 Enclosed you will find a report of expenditures and activities of the James River Watershed Coalition's Tributary Strategy projects as requested by the Department of Conservation and Recreation. This report covers the period of November 1, 1996 through Apdl 30. 1997. ,We are continuing to expand the Coalition's outreach, so please continue to send me the names and addresses of additional individuals and organizations who should be included in our mailing list. Thank you to those of you who already have done this] -' To promote soil and water conservanon under the leadership of a citizen Board of Directors. by providing technlcai expertise and education." JAMES RIVER WATERSHED COALITION IMPLEMENTATION Of LOCAL TRIBUTARY STRATEGIES The James River Tributary Strategy Proposal included four individual projects throughout the James River Watershed: 1 James River Watershed Planning and Coalition Building 2. Adopt-A-Watershed 3. Blackwater Creek Restoration Project 4. Lower James River Watershed Evaluation of BMPs on Low Producing Soils JAMES RIVER WATERSHED PLANNING AND COALITION BUILDING · Dates have been set for four sub~watershed "coalition-building" meetings to be conducted this spdng. These meetings will be conducted in partnership with the DCR Tributary Planning Team. · The Virginia Institute of Marine Science (VlMS) has begun the production of GIS maps. Examples of these maps were available for review at the Apdl meeting of the James River SWCDs. The progression of map development started at the Lower James and will continue up the watershed. The most efficient way for VIMS to produce the maps is to , complete all ovedays for a particular locality before beginning maps in the next locality. · The final sets of maps will include small scale regional maps, coinciding with the four regions of the James River Watershed (as defined by DCR), and larger scale maps for each locality in the lower portion of the watershed. Maps will include: Soils Water quality monitoring stations (federal. state, citizen) NPS pollution ranking with water-limited segments Cdtical habitat Hydrology Landuse/land cover Transportation County borders Magisterial districts DCR hydrologic units Shellfish distribution sites Point source discharge sites (municipal, industrial) Forested/open land Wetlands/SAV Recreational/shoreline conditions · A commitment for $20.000 in additional funding for this project has been received through the Chesapeake Bay license plate fund (pending General Assembly approval). REPORT ON THE JAMES RIVER WATERSHED COALITION OF SOIL AND WATER CONSERVATION DISTRICTS IMPLEMENTATION OF LOCAL TRIBUTARY STRATEGIES November 1, 1996 - April 30, 1997 Submitted by: Thomas Jefferson Soil and Water Conservation District. Lead Distdct Date: May 2, 1997 · A donation of $10 000 has been received from a corporate foundation in Richmond towards this project. It is expected that this may open the doors to additional corporate funding. · Presentations have been made to the Hampton Roads Planning District Commission's Chesapeake Bay Tributary Strategies Committee, the Richmond Regional Planning District Commission, and Area III of the VASWCDs. · The Hampton Roads Sanitation District, the Hopewell Regional Wastewater Treatment Facility, and the Virginia Association of Municipal Wastewater Agencies. Inc. have all expressed interest in being a part of the James River Watershed Coalition's efforts. · The James River SWCDs have agreed to strengthen the organizational structure of the Coalition by forming an Executive Committee. The members of the Executive Committee may be SWCD Directors, Associate Directors, staff and "individuals" and "local governmen¢ representatives as defined in the Virginia Water Quality improvement Act of 1997, Article I General Provisions 10.1-2117, "Definitions". The Executive Committee will consist Of a President, Vice-President. Secretary, Treasurer, and a Regional Representative from a SWCD in each of the four regions of the James River Watershed (as presently defined by DCR), and one member each from the Act's defined "lndividuaF and "Local Government" categones. These positions will be filled, for a two year term, dudng the May 5 meeting of the SWCDs. Financial accounting: $ 27.000 allocated to the Planning and Coalition Building project. No dollars from the SWCDs' James River Tributary Strategies account have yet been dispersed. ADOPT-A-WATERSHED PROJECT · A Watershed Education Coordinator has been hired with sul~plemental funding through the Piedmont Soil and Water Conservation District. · An Adopt-A-Watershed Conference. to include teachers and public officials, is planned for mid Spdng. · A slide show is being prepared for the Adopt-A-Watershed Conference. · A list of landowners within the Flat Creek. Watershed has been gathered for use in the Adopt-A-Watershed program. · Preliminary research has begun in preparation for the Adopt-A-Watershed Curriculum guide. · All materials developed will be suitable for use by other SWCDs for the development of similar programs. Financial accounting: $ 4, [300 allocated to the Adopt-A-Watershed project. No dollars from the SWCDs' James River Tributary Strategies account have yet been dispersed. BLACKWATER CREEK RESTORATION PROJECT · The project partners met last fall to become familiar with stream analysis techniques, the stream problem areas (evident dudng recent flood events), and options for "in-stream" BMP structures and installation methods. · This past fall and winter, creek cross sections and slope profile surveys were conducted. Velocity readings were taken at each cross-section. · The stream characterization is now complete, and calculations are being worked up. The next step is to prepare the design. · Another project team meeting will then be scheduled to solicit final comments and to reach a consensus on the final design, costs, materials needed, and a schedule for installation. · The demonstrated BMPs will be applicab!e to many situations involving urban stream instability problems. Financial accounting: $ 3, [300 allocated to the Bleckwater Creek project. No dollars from the SWCDs' James River Tributary Strategies .account have yet been dispersed. LOWER JAMES RIVER WATERSHED EVALUATION OF BMPs ON LOW PRODUCING SOILS · On January 7, 1997, a farmer dinner was held to discuss the project and recruit participants. Twenty farmers from -two counties attended. · 'Four newsletters, with articles about the project and Tributary Strategies in general, have 'been distributed to approximately 2200 individuals · Five farms in the Lower James River Basin were selected as case study farms to profile BMPs for Iow-productivity soils. The BMPs being studied are crop residue management, alternative crops such as grain sorghum and cotton, innovative drainage practices. conversion of sensitive areas to more suitable land uses. and crop rotations. · A tour. highlighting the field study plots will be conducted on August 21, 1997 in partnership with the Hampton Roads PDC. Five professors from the Crop & Soil Environmental Sciences Dept. of VA Tech will speak. · Presentations were provided to the Boards of Supervisors of Chades City, James City County, and York County. · A representative attended Hampton Roads Planning District Commission meetings where Tributary Strategies were discussed. Financial accountinq: $ 29,000 allocated to the Low Producing Soils project. The following been dispersed: Administrative Funds ~. .................................................. ~ ............. ........... $ 2,600 Information/Education ........................................................................... 300 Grain Sorghum Test Plot Support (New Kent Extension Service) ...... :.. 2,000 Mined Land Reclamation Project Support Funds (VA Tech DePt. of Soils & Environmental Science). ................................................ 1,500 Case Study Incentives @ 500,00 each ......................... ............. ::..: ...... 3,000 Cooperator Soil Testing ...:: ................................... i: ........... ~ ................... 300 Total ApproPriated ............................................... $ 9,700 LEAD DISTRICT ACTIVITIES: · A basin-wide master list of individuals and organizations involved with the James River Watershed Coalition is being compiled. To date. the list contains 121 entries. This list will be distributed to each individual and organization on the list. · Six pieces of correspondence, including this report, have been distributed to all individuals and organizations on the master list to keep them informed of the proposal status. meetings, and project activities. · .Sixteen letters of support for the James River proposal were received. · A TJSWCD representative has attended each of five basin-wide planning meetings, a meeting of the Richmond Regional Planning District Commission. the VASWCD Annual Meeting, and the Area III meeting of the VASWC Ds to discuss the James River Tributary Strategy Proposal. · Procedures for the distribution of funds were discussed with each project's lead district. · A separate checking account was set up for the Tributary Strategy funds. ALBEMARLE _ .1 '04 K~OlSb: Plac'% Charlottesville, V,A 22902-b200 L April30, . -': ~,. Robert Tucker .mo~marte ~>~umy>~xecuuv~e . Alb.emarl¢ Couqaty Office Bmlding lvmmurezt~oaa -- ~ , ,: We am biea'se4to rCp. o~that ~e ~cost 6~f JA.U~ Ts'e~ices (ur Albemarle ~om3,~ ~ .: ~ ~ ~om J~z [~96 ~ugh M~ 1997 ~s well ~ b~d~et (5% b~l~wth~ budgeted; . ~ ~ ~ ~ mo~t~or¢~he 0erfod): D~mg~o p~t n~e moa~s~A~T has ~rohd~d ~foll0M~g : se~ic~ (comte&as oue-~-ay ~Lps~ .~ '/ , - ' -~ ~, ' : '- sermc con-t'~mu }8?~teh~g~,!us°f~4:'5OO'~YthP'ead°fthe:fis,caly'~e: :' ' ' >.." ,-- :. e i h~es as:ipredicti L~.:-".'.. "". ; '. ~;> ',' 5: .,... , ~/ple, ase callcme~fyjm,Ha~ce any questmns, about this.,report or our seYvicdsCin ; , Albemarle Coun~y~ ~ ' , , ,' , Rhone: (804) ~2_~9'6~3'184, (800).3~6jA~NT c Operations (804) BOARD OF SUPERVISORS RIVANNA P,O. BOX 979 SOLID WASTE AUTHORITY CHARLOq-I-ESVILLE, VIRGINIA 22902-0979 o (804) 977-2976 RSWA BOARD OF DIRECTORS Minutes of Regular Meeting March 24, 1997 A regular meeting of the Rivanna Sotid Waste Authority (RSWA) Board of Directors was called to order at 3:32 p.m. on Monday, March 24, 1997, in the Conference Room of the Administrative offices; 200 Franklin Street, Charlottesville, Virginia. Present: Mr. John Marshall, presiding. Also present were Board members - Mrs. Judith Mueller, Mr. Gary O'Connell. Mr. Robert Tucker, Mr. Jack Kelsey (acting County Engineer), and Mr. Preston Coiner ('Chairman of the Advisory Committee). Authority staff present were Arthur Petrini, Will Sessoms, Steve Chidsey, Cheryl Schnelle, Chace Anderson, Wayne Stephens, and Charlotte Merriam. 2.0 Minutes of Previous Meeting Upon motion by Mr. Tucker, seconded by Mr. O'Connell, the Board unanimously voted to approve the minutes of the Regular Meeting dated February 24, 1997. 3.0 Items from the public not on agenda Mr. Booth stated that a Central Transfer Station should be located in industrial areas and not in residential neighborhoods (referring to the mini-transfer station at the Ivy Landf'dl), Mr. Ed Strange echoed what Mr. Booth said about a Central Transfer Station and recommended it be located in the City. He also stressed that the TaskForce had spent a great deal of time on their recommendations and a few still go unanswered, such as Item 2 regarding the unlined eel[ being closed as soon as possible and Item 10 which would expand the RSWA Board by three members. 4.0 Consent Agenda Upon motion by Mr. O'Connell, seconded by Mr. Tucker, the Board unanimously voted to approve the following items on the Consent Agenda as written: e) Solid Waste Director's Status Report f) FY98 Budget - permission to advertise proposed tipping fees and charges Regarding item a)' Staff Report on Finance, Mrs. Mueller asked if there was any chance that revenue would change for the paper facility. Mr. Chidsey stated that there were no projections for the paper market to increase within the next year. 1 PRINTED ON RECYCLED PAPER Regarding item b) Education Coordinator's Progress Report, Mrs. Mueller asked how the free tire collection at the Ivy Landfill and Paper Sort facility would be advertised. Ms. Sctmelle reported that the County Zoning Department is working with Rivarma to make people aware of the event, along with the usual public service announcements, and apaid ad in Sunday's paper. Mr. Marshall asked why the Education Program was under in cost (per the Finance Report). Mr. Chidsey stated that recently the RSWA had switched to a persmmel approach and had lfired temporary part-time help in the Education Department. He also stated that they had spent less money on buying items to g~ve away. Mr. Marshal] asked if staff could give a presentation at next month's meeting instead of just a two page report. The presentation would include the progress rewards the Coalition and also answer a question that was asked at the Public Hearing. Specifically, what efforts were being made to achieve the waste stream reduction? He would also like to hear'how the goals of the Citizens Advisory Committee would be used in education. Mr. Marshall also asked that the progress of the establishment of the Education Sub-Committee be given. Mr. O'Cormell agreed with Mr. Marshall's suggestion for a presentation at next month's meeting. Ms. Sctmelle reported that mailings advertising the two sub-committees (Education and Facilities) had been sent to all haulers, Task Force Members, and all the people that attended the education brainstorming session and that ads had been run in the Community Calendar section of the paper.~ Ms. Schnelle noted that no response had been received to date and.the deadline is April 1s*. Mr. Tucker asked if advertising had been run for the Facilities Conunittee. Ms. Sctmelle stated that it had been advertised and there was no response for that committee either. Regarding item c) Recycling Operations Manager's Progress Report, Mr. Marshall questioned why the total recyclables in the first few months of the year had decreased from t6.4% last year to 11.4% for this year. Mr. Anderson stated that the numbers were theoretical. He took last years figures and divided by twelve months and since we are only three months into this year it is difficult to compare. Rivam~a could actually be ahead. Regarding item d) Landffil Superintendent's Report, Mr. Marshallnoted that the repor~ stated that lining side ditches had begun and asked if this was part of the Malcolm Pirate proposed action. Mr. Chidsey stated that this item was above and beyond what was recommended by Malcolm Pimie. Mr: Marshall also asked about the Request for Bid (RFBs) for Entranceway Improvements. Mr. Chidsey stated that Land Planning and Design is working on the RFBs. Upon motion by Mr. Tucker, seconded by Mr. O'Connell, the Board unanimously voted to approve the following items on the Consent Agenda: a) Staff Report on Finance b) Education Coordinator's Progress Report 5.0 c) Recycling Operations Manager's Progress Report d) Landfill SUperintendent' s Report Other Business a) Advisory Committee Chairperson Report, Mr. Coiner stated that he was pteased that the City had re-appointed Caroline Wilson to the Citizen Advisory Committee and three other members, Kierk Aslunore-Sorensen, Clarence McClymonds and Lee Koessor. He also noted that this would be the first time in three years that they had the right number of members. b) Ivy Landfill Options, Mr. Tucker noted that at the County Supervisor's meeting some questions were raised and he had. asked Rivanna staff to respond to those questions. Mr. Petrini stated part of the concern was the height of Construction DemolitionDebris (CDD). He n0tedthat the exact height would be determined when the site plan submission is submitted to the County in the next three to six months. Another question was asked regarding Household Hazardous Waste (HHW). Mr. Petrini stated that HI-IW collection would continue as it exists now. The answer to the questionofwhere the 7500 tons of Construction Demohtion Debris (CDD) came from is that it is collected from citizens of Albemarle County and the City of Charlottesville (it is tonnage from'the community). }t wasnoted that there were other Options with higher Envkonmental Contingency Fund. The Option that has been recommended by both governments was the Option that met the community's needs and was not solely based onthe amount of the Environmental Contingency Fund, A suggestion wasmade to create a citizens Post Closure Review Committee. The Facilities Advisory Committee is the committee the Board has suggested for these duties. This is a sub-committee to the Citizen's Advisory Committee. The composting at the Landfill is planned tobe an enclosed facility. The Board has authorized for the RSWA to place a Request for Proposal (RFP) for this enclosed system once an optionhas been.chosen for the Landfill, Curing can be done outside because itis not composfmg. This is a "cooling off' stage and, if necessary, could be done inside. In the draft RFP, Rivarma has,requested weekly inspections to deal with the issue of mega-landfills.. 'An inspection log will be kept to help insure that there will be no Environmental problems years down the line. This will help to identify problems early On in the process. In the RFP, the RSWA has.also included provismns for a drop-off similar to what is located at IW. Therefore, there would be no changes in the blue bag program. Mr. Tucker stated that he was not receptive to maintaining a similar height for the remaining cells. He also commented that the Central Transfer Station was an option that his government had reviewed. It may be that a private sector could handle this better than the RSWA. 6.0 Upon motion by Mr. Tucker, seconded by Mr. O'Connell, the Board unardmously voted that staffbe directed and authorized to prepare and distribute a Request for Proposal for procurement of those solid waste services described under Option 7 of the Modified Strategic Review and Directional Analysis report prepared by Gershman, Brickner & Bratton, Inc. (GBB), and as further modified as 7a in the staff memorandum dated March 6, 1997 from Mr. Steve Chidsey, Director of Solid Waste, to Mr. Arthur Petrini, EXecutive Director. Staff is further instructed to bring to the Board at its regular April meeting, or as soon thereafter as all necessary information is obtained, a smms report as to whether the financial and operational parameters outlined in the GBB report cau be met through the aforementioned procurement. Mr. Marshall noted that this vote was probably the most important thing that has happened in the life of the Ivy Landfill since it opened temporarily thkty years ago. He believes that the option that was just selected is the best option thru Rivarma has at this time. Mr. Marshall noted that Rivauna had listened in a thoughtful and responsible way and that this decision represented a judicious balance among a wide range of issues: present and future environmental risk, real fiscal constra'mts, legal regulations, ethical concerns, and quality of life issues. Mr. Marshall further stated that we would not be at this point without the contributions of a lot of people. Clearly, the willingness to move on the municipal solid waste at Ivy was stimulated by neighbors, residents of Peacock Hill and partly because of the Carbone Supreme Court Case. Over the past two or three years there has been significant costs for the neighbors of the Landfill, in time, emotion and money. Some residents do not believe they are getting what they deserve, But, today's vote clearly represents a victory for the neighbors and for citizen involvement in the political process. Mr. Marshall stated that he believed this helped the community to do the right thing. Other citizens have contributed also: the trash haulers that use the Landfill, Solid Waste Task Force, Citizen's Advisory Committee, League of Women Voters. and Staff at RSWA (Mr. Steve Chidsey, especially~. While today's decision is important it is only one decision in a series that is and will be transforming the face of the Landfill. Work is underway in regards to: future uses of the Landfill, Entraneeway Improvements, reducing the spread of mud, and establishment of the Education and Facilities Advisory Sub-Committees. Studies are also being done on what is the best way to handle methane gas. The compost system is shifting from an open system to a closed one. These items will reflect a change in the quality of life around the Landfill. For the foreseeable future, the Ivy Landfill and the surrounding residents will be neighbors. A largely adverse relationship has existed among the two in the past. Mr. Marshall would like to see this replaced by a civil and constructive relationship. Other items from Board/Staff not on agenda There were no items from Board/Staff that were not on the agenda. 7.0 8.0 9.0 Executive Session There was no need for an Executive Session. Other items from Board/Staff not on agenda Mr. Ed Strange urged the Board to respond to Task Force recommendations and also commented that the Ivy Landfill is not a central location for Household Hazardous Waste. Mr. Jim Kaufman said he hoped Rivauna would follow tkrough with its stated intentions and promises (keeping the Ivy site a mini-transfer station). Mr. Randy Layman stated that Rivauna should check the market thoroughly for competitive bids. Mr. Andrew John endorsed Mr. Kaufraan's statements. He also commended Mr. Marshall and Mr. Chidsey for their work and efforts regarding the Landfill. He is still concerned about contamination and mentioned Draper Aden's report on pollutant levels. Mr. Dale Copeland also thanked Mr. Marshall and Mr. Chidsey for the progress that has been made in regards to the Landfill. He also stressed that Rivanna should remediate more because there is contamination now. Ms. Jill Kline commented that Ivy Residents had abided by the rules set forth by the Rivanna Authority. When this Landfill situation is compared to other areas that are dealing with the issue of La~dfills, it is like a tea party. Mr. David Nobel also stressed that remediation needed to be dealt with and noted his concern regarding the ground water. Adiournment or Recess Upon motion by Mr. Tucker, seconded by Mr. O'Connell, the Board unanimously voted to adjourn the meeting. Mr. Marshall adjourned the meeting at 4:30 p.m. Respectfully Submitted, o Counell Sec~thr~ - Treasurer BOARD OF SUPERVISORS 05-31-97A09:3t RCV9 RIVANNA WATER & SEWER AUTHORITY RWSA BOARD OF DIRECTORS Minutes of Regular Meeting March 24, 1997 A regular meeting of the Rivarma Water and Sewer Authority (RWSA) Board of Directors was called to order at 3:00 p.m. on Monday, March 24, 1997, in the Conference Room of the Admiaistrative offices, 200 Franklin Street, Charlottesville, Virginia. Present: Mr. John Marshall, presiding. Also present were Board members - Mrs. Judith Mueller, Mr. Gar), O'Connell, Mr. Robert Tucker, and Mr. Will/am Brent. Authority staff present were Arthur Petrini, Gene Potter, William Sessoms, and Charlotte Merdam. Also present were Mr. Fred Landess, the press and the'public. 2.0 Minutes of Previous Meeting Upon motion by Mr. O'Conuell, seconded by Mr. Tucker, the Board unanimously voted to approve the minutes of the regular meeting dated February 24, 1997. 3.0 Items from the public not on agenda Thee were no items fi:om the public that were not on the agenda. 4.0 Consent Agenda Upon motion by Mr. Tucker, seconded by Mrs. Mueller, the Board unanimously voted to approve the following items on the Consent Agenda as written: a) Staff Report on Finance b) Staff.Report on Operations c) Future Urban Water Supply d) Authority-Wide Supervisory Control and Data Acquisition (SCADA) e) Water Storage Tank Pa'rating 5.0 Other Business a) Proposed FY98 Budget A meeting date for the subcommittee to review the Water & Sewer proposed budget will be set. 6.0 Other items from the Board/Staff not on agenda Mr. Petrirfi reported the following: "On Thursday, March 13, 1997 at approximately 3:00 p.m., approximately 2 to 2 ½ lbs. of mercury was accidentally spilled on the concrete floor of the basement 2a BERVING CHARLOTTEBVILLE & ALBEMARLE COUNTY 7.0 8.0 9.0 of the South Rivarma Water Treatment Plant. The mercury is used in our water flow transmitters. This particular transmitter was being replaced by a new transmitter (without mercury) and in that process the original transmitter was tipped over and the mercury spilled out. The mercury has been contained within the basement and the clean-up is being supervised by Mr. Clint Butts, Chemical Safety Specialist from the University of Virginia. All mercury contaminated items will be disposed per State and Federal regulations. Authority staff is conducting drinldng water and water sludge analyses to insure no mercury has contaminated our treatment plant process (there is a floor drain in the area of the spill). The dhnking wate/anaIys~s from two of our water storage tanks (Pantops and Avon St.) resulted in nc detectable mounts of mercury." Executive Session There was no need for an Executive Session. Items from the public not on agenda There were ne items from the public that were not on the agenda. Adjournment or recess Upon motion by Mr. Tucker, seconded by Mr. O'Connell, the Board unanimously voted that Mr. Marshall adjourn the meeting. The meeting was adjourned at 3:10 p.m. Resgectfully submitted, 5ecre , r sur r BOARD OF SUPERVISORS Di r)b.ted 05-07-977)2:30 RCVD The Bo~d of Dke~ors of the ~be~le Co~ Se~ce ~thofi~ m~ ~ re~ session on March 20, I997 at 9:00 a~m. Members Present: Mr. Humphfis, Chairman, Mr. Parker, Vice- Chairman; Messrs. Meyer, Bolton, Lumpkin, Wagner The Chairman called the meeting to order and a quorum was established. The minutes of the February 20, 1997 meeting were reviewed and approved. Discussion of Water Service to Key West Subdivision Mr. Brent stated that he attended a meeting held by the Key West Homeowners Association this past Monday. The Health Department and the Department of Environmental Quality were also present. Mr. Brent stated that with only one exception everyone in attendance wanted to be served by the Service Authority. Jack Schwab, owner of the Key West water company, has said that he intends to file an application with the Board of Supervisors to incorporate Key West into the Albemarle County Service Authority's jurisdictional area. At this meeting DEQ informed Key West property owners that they would fund the connection to the Service Authority's system and pay connection fees for all 192 property owners. DEQ will pay the Service Authority 50% up front and 50% upon completion of the work. M~. Sheep reviewed with the Board a map of the Key West water system. He said the system was in pretty good shape and he had determined that a minimum of 500 gallons per minute fire flow could be provided throughout the system. He explained that there are two routing alternatives available to extend water to Key West. One option is to extend a line from Pen Park across the river and connecting to Key West's water system at the lower end of the cul-de-sac on Key West Drive. The other option is to extend a line from Route 20 and Elks Drive where RWSA's 24" water main is located. The costs of the two alternatives are about equal, he said. Mr. Sheep stated that routing the water line along Route 20 gives the Authority the opportunity to serve this area in the future and recommended this route. The estimated cost to extend this line is approximately $400,000. Presuming the Board of Supervisors will approve Key West's request to amend the jurisdictional area, Mr. Brent recommended ACSA proceed in obtaining engineering proposals to design the water line to serve Key West. This will enable the Service Authority to authorize the engineer to proceed immediately following the Board of Supervisor's approval. It was the eonsen~sus of the Board to seek e~ineering proposals for design of the Key West water line. Option to Lease Site at Crozet to U.S. Cellular Mr. Brent stated that U.S. Cellular has selected a tower site on the Crozet property which is acceptable to the Service Authority and RWS3~ They have not responded concerning rent and Mr. Brent recommended deferral of this matter until he has negotiated rent with them. Presentation of Proposed Budget for FY'98 Mr. Brent said an increase in rates would be required in the coming year, although a modest one. The budget he is presenting has expenses increasing from $8.1 mil/ion in the present budget to $8.783 million. I-Ie expects revenues to be $8.84 million. To generate the needed revenue it will be necessary to raise water rates from $2.12/1000 gallons to $2.18/1000 gallons and sewer from $2.12 to $2.20. Mr. Brent revealed certain assumptions in the budget: (1) 192 new customers will be added in Key West subdivision producing connection fee revenue of approximately $300,000; (2) there would be additional sewer connection revenue from the Deerwood project; (3) normal development connection fee revenue would remain constant. He pointed out one format change in this year's budget; the prior accounting and meter reading budgets were now combined into a Finance Department budget. Employee benefits are proposed to stay the same. Funds equivalent to 5 percent of current salaries are budgeted for raises next year. He explained that this is actually only a 3 percent increase over the current fiscal year due to the one-time salary expenses associated with reorganization of the Maintenance department in the current budget. Presently the Authority does not charge to inspect pumping stations and Mr. Brent proposed to charge the actual cost for inspection of water and sewer pumping stations. Mr. Brent presented the Board with a copy of the proposed budget to review and stated that he would go over the budget in detail at the next meeting. Mr. Humphris asked if there were any measurable benefits being realized as a result of ACSA's increased water conservation efforts. Mr. Brent said the decline in volume sales was more the result of a wet, cool summer and that he could not identify any volume reduction from conservation. Mr. Bolton asked if there was an industry consensus on how far ahead a utility should examine its capital needs. Mr. Brent replied that for a distribution system such as the Service Authority's, five years was the norm. Since most of the growth of the utility system results from developers dedicating facilities to the Authority our capital needs are related primarily to replaceraent. A utility such as Rivanna Water and Sewer Authority has a 20 year horizon for its capital planning because it must deal with the more costly capital items such as reservoirs, treatment plants, etc. Mr. Boltun asked ifACSA shouldn't be concerned about the future budget impact of a major RWSA undertaking such as the future water supply. Mr. Brent replied that an argument the Board has used for maintaining a large capital reserve is to lessen the impact o£ a major project such as Buck Mountain, either by rate subsidy from this reserve or direct contribution to the proje~ Mr. Parker said there seemed to be an institutional dilemma with the need for higher water flows to reduce the unit cost of water but yet the increased flows produced the need for additional capacity. In general discussion on water conservation, Mr. Brent said he planned to bring the Board a budget amendment request later this year to do a water fixture retrofit on some ho. uses and apartments to see if we could quantify the savings produced by new, low flow fixt~es. There was lengthy discussion on water conservation and the benefits and problems to be realized. It was the consensus of the Board that the Service Authority should be on the front of this issue and be prepared to move forward once the data was collected by the water study consultant. Mr. Brent asked that the Board adopt a resolution (attached as page ) proposing to amend the Rules and Regulations to implement the proposed rates effective July 1, 1997. A public hearing for the proposed rate increase is scheduled for May 22, 1997 at 9:00 a.m. Mr. Parker moved to adopt the resolution, seconded by Mr. Moyer. All members voted aye. Review of Capital Projects Airport Road/Proffit Road Sewer - Mr. Brent stated that negotiations with Digs, Inc. were successful for performing the work on the Martha Jefferson Hospital site. He asked that the Board appropriate $16,000 in the Capital Improvement Fund for this work and to authorize staff to proceed to advertise for bids for the bore under Route 29 for this project. Further negotiations with Digs, Inc. will be necessary to pull sewer pipe through the bore and Mr. Brant asked for the Board's authorization to negotiate for this work. ~lr. Moyer moved to appropriate $16,000 in the Capital Improvement Fund for this project and to authorize staff to further negotiate with Digs, Inc. for work concerning the bore under Route 29. Mr. Lnmpkin seconded the motion and all members voted aye, with the exception of Mr. Parker, who abstained from voting on the matter due to a possible conflict of interest. Deerwood Water/Sewer - Mr. Brent stated that construction ofthe DeerWood water and sewer project is expected to be advertised for bids this weekend. Flordon Water - There were no new developments with this project to report. Woodbrook Pumping Station - Mr. Brent stated that he hopes the Woodbrook pump'mg station will be replaced by the end of the year. Country Green Road Water Line - Mr. Brent stated that there are still a few easements that need to be acquired for the Country Green Road water line project. Ending Customer Payments Through Banks - Mr. Brent stated that Nations Bank has notified the Service Authority that they will soon cease to accept payments for water and sewer bills. Three other banks sfdl offer this service, but the number of payments received from all three banks eomb'med is minimal. This practice has created a number of billing problems and stafffelt this would be a convenient time to discontinue this service altogether. Mr. Brent asked for the Board's concurrence that effective July 1, 1997 ACSA will no longer accept payments through banks. Notice of this change will be posted and customers will be notified in next month's billing. Mr. Wagner moved to discontinue this service, seconded by Mr. Moyer. All members voted aye. layel Industries vs. Albemarle County Service Authority Mr. Brent said Jayel Industries had filed a document with the Circuit Court ending its dispute with ACSA over sewer conneetions at Reynovia. Avon Street - 360 Communications Cellular Tower Mr. Brem stated that before the Board is a deed of easement granting 360 Communications access to the Avon Street tower site and asked that the Chairman be authorized to execute the deed. Mr. Moyer moved to authorize the Chairman to execute the deed of easement with 360 Communications, seconded by Mr. Wagner. Ali members voted aye. (Deed attached as page ) Mr. Brent referred the Board to a right-of-way agreement fi'om Sprint to provide telephone lines to 360 Communications at the Avon Street site. I-Ie asked that the Board authorize the Chairman to execute this agreement. Mr. Moyer moved to authorize the 4 Chairman to execute the agreement, seconded by Mr. Wagner. All members voted aye. (Deed attached as page ). Mr. Brent stated that the ¢los'mg regarding this matter is scheduled for 2:00 this afternoon and he asked that the Board authorize him to execute, it'necessary, any dosing documents relating to this matter. Mr. Moyer moved to authorize Mr. Brent to execute any documents regarding this matter, seconded by Mr. Wagner. All members voted aye. There being no further business, the Chairman declared the meeting adjourned. l.W. Brent, Secretary-Treasurer RESOLUTION BE IT RESOLVED by the Board ofDirect6rg 0fthe Albemarle County Service Authority that the Rules and Regulations are proposed to be mended and re-enacted effective ~uly 1, 1997 as follows: ALBEMARLE COUNTY SERVICE AUTHORITY WATER AND SEWER RATE SCHEDULE Effective July 1, 1997 SERVICE CHARGE $4.20 per account, per mon~ VOLUME CHARGES In addition to the fixed service charge, a volume charge based upon monthly metered water use w~l be assessed as follows: Water 0-4,000,000 gallons Over 4,000,000 gallons $2.18 per thousand gallons $1.88 per thousand gallons Wastewater Metered Consumption $2.20 per thousand gallons CONNECTION CHARGES Payment for the applicable connection charges will be accepted only after the issuance ora building permit. Connection Charges for metered services larger than 5/8" shall be equated to equivalent residential connections (EKC) according to the following ratios: 5/8" meter = 1 ERC 3" meter = 15 ERCs 1" meter 2.5 EKCs 4" meter = 25 ERCs 1 1/2" meter-- 5 FaR. Cs 6" meter = 50 ER.Cs 2" meter 8 ERCs Service Connection (Tap) Charge - To deft'ay the cost of installation of a service connection from the water and/or wastewater main in the public fight-of-way to the curb or property line and/or the installation of meters, all new services will be charged according to the following schedule: Water 5/8" meter and connection $520 I" meter and connection $595 Over 1" meter and connection Actual Cost Service Connection (Tap) Charge (Cont'd) 5/8' meter only $ 55 1" meter only $ 95 Over 1" meter only Actual Cost Wastewater All Taps Actual Cost Local Facilities Charge - To defray, in pan, the cost of local facih'ties (mains, valves, hydrants, etc.) provided by someone other than the customer, the Authority charges each new connection $1,300 for water and $1,400 for sewer. If a developer or customer applying for service installs and funds the local facilities, this charge is not assessed. The Local Facilities Charge will apply only to water and sewer mains placed in service after July 1, 1983. [See Sections 6-01 and 12-04] System Development Charge - In order to defray, in part, the cost to Albemarle County Service Authority of providing major transmission/distribution mains, collection lines, pumping stations and storage facilities necessary to provide water and wastewater service to new customers, a system development charge based on meter size will be assessed to all new customers as follows: Water $475 per ERC Wastewater $625 per ERC RWSA Capacity Charge - To defray, in part, the Authority's share of annual debt service on excess capacity in the Rivanna Water and Sewer Authority facilities, all new water and sewer connections to the Authority systems shall be assessed the fonowing based on equivalent residential connections (FXC): Water $858 per E1KC Wastewater $615 per ERC Buck Mountain Surcharge - In accordance with the joint resolution signed by the City of CharlottesMlle, County of Albemarle, Rivanna Water and Sewer Authority and the Authority, all new Authority water connections in the urban service area will be assessed a surcharge in accordance with- the following table to pay a portion of the Buck Mountain land acquisition costs: Meter Size Surcharge Meter Size Surcharge 5/8" $ 200 4" $ 6,000 1" $ 500 6" $12,000 I 1/2" $1,000 8' $18,000 2" $1,600 10" $29,000 3" $ 2,500 12" $43,000 Miscellaneous Char~es: (1) Account Charge - $6.00 per each new account (2) Delinquent Cut OflTOn Fee - $15.00/tfip during normal work hours $20.00 at~er work hours & wkends (3) Reconnection Fee 5/$" - 1 1/2" meter 2" o 4" meter Larger ~h~q 4" meter $15.00 $20.00 Actual Cost (4) Special ServiceFee $15.00/trip during normal work hours $20.00 after work hours & wkends (5) Meter Size Change Fee All Meters Actual Cost (6) Returned Check Charge $30.00 (Cash) (7) Late Payment Charge I 1/2% per month (8) Meter Reread Fee $15.00 (9) Fire Hydrant Use Fee a: By tanker $20.00/authorization plus water used (~ current rates) b: By approved hydrant meter assembly: (1) Deposit $300 refundable upon return in satisfactory condition (2) Use fee $20.00/authorization plus water used (@ current rates) (10) Tempormy Water Service $25.00 + water used, Deposit req'd Construction Plan Review Charge: $32.00/hour Construction Inspection Fee: Water and/or Sewer Reinspection Fee of New Water/Sewer Lines Inspection of New Pumping Stations $.50/linear foot $20.00/hour Actual Cost ************************************************* Certified to be a tree and exact copy of a Resolution adopted by the Albemarle County Service Authority Board of Directors at a regularly scheduled meeting on March 20, 1997 by a vote of to J. W. Brent, Secretary-Tressurer PREPARED BY TREMBLAY & SMITH, LLP. THIS DEED OF EASEMENT is made and entered into this day of ,1997, between THE ALBEMARI.g, COUNTY SERVICE AUTHORITY, "Grantor," and 360° COMMLrNICATIONS COMPANY OF CHARLOTrESVI1.1 .g. d/b/a 360° Cornrmmications Company, "Grantee." WlTNESSETH: THAT, for and in consideration of ONE DOI.I AR ($1.00), cash in hand paid, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Grantor hereby grants, bargaim, sells and conveys with Special Warranty unto the Grantee, its successors and assigns, an irrevocable, nonexclusive easement for vehicular ingress and egress and for abovegrotmd and underground utilities ("Easement") as depicted in Exhibit "A", over property described as the "50' Right-of-Way" in Exhibit "A." The Easement is located over property in which the Grantor has an interest pursuant to a Final Order recorded in the Albemarle County Circuit Court Clerk's Office in Deed Book 2089, Page 670, and a deed recorded in Deed Book 360 Page 189. The Easement shall run co-terminus with the term of the Option, Land Lease Agreement and Deed of Lease between the parties dated March 21, 1996, a memorandum of which was filed immediately prior hereto in the Albemarle County Circuit Court Clerk's Office. Grantee shall have the right but not the obligation to improve the Easement, at its sole cost, either by grading, graveling or paving it. Any present or future road (paved or otherwise) shall be maintained at the sole cost of the Grantor. The Grantee shall also have the right to do all necessary work and construct ali necessary improvements within and adjacent to the Easement to provide convenient and necessary vehicular access and utilities to the adjoining property in which Grantee has a lease interest. In the event the Easement granted herein is challenged, or Grantee's use of the Easement is in any way interrupted or impeded; Grantor, at its sole cost, agrees to take steps to meet any challenge through use of eminent domain or to provide Grantee with an alternative means of ingress, egress and utility access from Route 742 to the Grantee's lease area. Such alternative access shall be located over one or more of the properties described as Parcels 1, IA, lB and 1E on the plat by Roudabush, Gale and Associates recorded in Deed Book 1089 Page 674. Any new access road shall be at a location mutually agreed between the Grantor and Grantee. This Deed of Easement shall be bh_~ding upon and inure to the benefit of the parties and their assigns and successors in interest. WITNESS the following signature and seal of the Grantors: THE Al .BEMARI .F. COUNTY SERVICE AUTHORITY Nsme: Title: STATE OF CITY/COUNTY OF , to wit: Acknowledged before me, a notary public in and for the jurisdiction aforesaid, this day of ,1997, by , as of the Albemarle County Service Authority. My Commission expires: Notary Public 3 Form 1196 30044312 Virgima Right of Way Agreement That for valuable consideration hereby acknowledged, the undersigned hereby grants and conveys unto CENTRAL TELEPHONE COMPANY OF VIRGINIA, its successors and assigns forever, a right of way agreement to b~mll, construct, maintain, operate, replace, and/or remove a communication system consisting of such poles, guys, anchors, wires, aerial and buried cables, posts, terminals, location markers, conduits, manholes, and any other appunenances, as the grantee may require upon, across, under, and over certain land owned by the GRANTOR or in wtdch the GRANTOR has an interest, situated in the Magisterial District of SCOTTSVII,LE ~ STATE of VIRGINIA, COUN2~ OF ALBEMARLE and more particularly described as follows, to wit: (Give width and location of easement. ) A 15 foot wide easement beginning at the intersection of SR 742 (Avon Street Extended) and a 50' wide road right of way recorded in DB. 360, P. 183 and DB. 348, P. 104. Easement will proceed along the northeast side of said 50' road easement a distance of 511,04 feet. Telephone service taps will be placed off of this ensement, as required. See at~ached plat 30044312-A~ Telephone cable to be buried at 24" depth. The ensemem hereby granted includes the right of ingress and egress over, under, and across the lands of the GRANTOR for the purpose pf exercising the rights herein granted, the right to open and close fences, the right to trim, retrim, or cat any trees or brush along said easement now or at any time so as to give and maintain a clearance of at least 15 feet for all wires and facilities, and the right to carry in said system the circuits of any other person. GRANTEE shall repair damage to roads and fences damaged during construction and/or in the exercise of nght of regress and egress. Address of GRANTOR: WITNESS the following signatures and seals: (SEAL)hi State of Vir~a City/County of The foregoing instrument was acknowledged before me this by .(SEAL) (SEAL) day of Nota~ Public My commission exptres: Scenic 250 PO Box 5 Greenwood, VA 22943 804/456-6418 05-13-97703: ~4 RCVD BOARD OF SUPERVISORS ~,da item No. ~ May 13, 1997 Albemarle County Boarc~ of Supervisors 401 Mclntire Road Charlottesville, VA 229024596 Re: Citizen Petition for Route 250 West Corridor Protection Measures Dear Members of the Board: One year ago, in May, 1996, a group of concerned citizens petitioned the Albemarle County Board of Supervisors to reinstate the county scenic highway designation that had been repealed in September, 1992. Route 250 West and other county highways that had enjoyed the scenic highway designation were rolled into the entrance corridor overlay district at that time. The petitioners believed that overlay district requirements would not adequately address the unique and specific needs of scen/c highway corridors. There was a strong consensus on the Board that scenic highways warram special protection, and the matter was referred back to the staff for further review and analysis. In a subsequent meeting in November, 1996, the staff recommended that no further Board action was required on this matter. Petitioners respectfully disagreed and requested the opporttmity to review the issues affecting Route 250 West and other scenic County highways, and to report back to the Board with recommendations. The Board agreed to this initiative. Since that time there has been an outpouring of citizen concern about the future of Route 250 West, and an organization has been formed -- Scenic 250 -- committed to identify and address the varied and complex issues impacting this corridor, and to help the County to devise a plan of coordinated measures to ensure the protection and enhancement of the corridor. We are scheduled on the agenda of your May 21, 1997 meeting m make a formal presentation, and offer the enclosed specific recommendations for your review and consideration. Thank you for this opportunity. SBP/hp Enclosure Respectfully yours, Scott B. Peyron SCENIC 250 CITIZEN PETITION FOR ROUTE 250 WEST CORRIDOR PROTECTION MEASURES Presented By Scenic 250 1. Reco_tmize the Desirability_ and Need to Protect the Route 250 West Corridor Route 250 West from Charlottesville to the western boundary of Albemarle County is a readily identifiable community asset which is central to the life of the greater Albemarle County/Charlottesville community. The 250 corridor directly l'mks the University of Virgima at one end with the Shenandoah National Park and the Blue Ridge Parkway at the other. It contributes substantially ro the quality of life of Albemarle County citizens who live nearby, or who travel along it for business or recreational purposes. Recent events, however, have made abundantly clear just how vulnerable the 250 corridor is. Public sentiment strongly favors the protection and enhancement of the rural and scenic namre of the corridor and implementation of measures to ensure that 250 does not gradually become a major commercial strip like Route 29 North. Analysis by the planning staff in recent months has focused on the relative merits of the 150-foot setback required by the county scenic highway provision, which was repealed, and the design authority of the Architectural Review Board through the entrance 'corridor overlay district. But no one has questioned the desirability of protective measures. We believe that these discussions have lost sight of a more central point -- namely, that the Coumy should implement a process to identify a full range of coordinated measures, old and new, to ensure the protection and enhancement of the corridor. We therefore request that the Board of Supervisors take the following actions: Adopt a resolution acknowledging the special scenic and historic character of the Route 250 West corridor. Immediately initiate a new process to identify and implement measures to protect and enhance the corridor, both in its own right and as a model for other scenic corridors in the County. 2. Provide for Meaningful Citizen Input into Scenic Corridor Planning Decisions affecting the Route 250 corridor have been piecemeal, without a view towards their overall, combined impact. Scenic 250 would like to be a citizen resource for the County Board of Supervisors and its planning staff, both in identifying practical and workable measures to protect the scenic corridor, and to provide advance input into individual decisions potentially affect'rog the corridor. Scenic 250 members and other Albemarle County residents also have been alarmed at the number of recent decisions that have threatened the rural, scenic, and historic characteristics of this roadway, and believe that there has not been adequate public debate regarding a number of these changes. Too often, average citizens hear about critically important proposals at the eleventh hour, or after decisions have already been made. Therefore, we request that the Board of Supervisors take the following actions: Commit to provide meaningful and timely public notice prior to taking actions that may affect the character and nature of the 250 corridor, over and above minimal legal requirements. Direct the County staff to work closely with Scenic 250 in developing policy recommendations and considering how individual decisions might cumulatively affect the 250 corridor. Ensure that Scenic 250 be included in study committees and other decision-making processes which could affect the 250 corridor. En~ure that Albemarle County's Vision for the Route 250 Corridor Takes Precedence Over VDOT Planning The Virginia Department of Transportation recently initiated a corridor study for Route 250 West, after this Board began its evaluation of the adequacy of current protective measures for the scen/c corridor. Although the VDOT process provides for input from a county citizen's committee appointed by the Board, it is critical that furore decisions and plans for 250 be placed in the context of the County's vision for the future of this corridor, and not as a sidebar to state transportation decisions. Interstate 64 ~s now the principal federal and state ~ransportation corridor and Route 250 has become much more the "County's" road. Its future and its impact on Albemarle County citizens go well beyond engineering issues of moving cars and laying asphalt. Therefore, we request that the Board of Supervisors take the following action: Ensure that the County process m assess and implement policies to protect the 250 corridor move expeditiously and independently of the VDOT corridor study. 4. Establish a timetable to explore and evaluate initial recommendations A range of coordinated measures m ensure protection and enhancement of the 250 corridor are required, including incentives and controls. We suggest the following initial measures. Other complementary measures can be identified and evaluated over t/me. (a) Establish set-back rules and requirements for natural buffers Set-back rules should be re-examined and revised ro accommodate the specific features of this road. In addition, the beauty of the corridor should be enhanced by requiring natural buffers to screen new developmem, Co) Oppose widening of Route 250 and explore ways to reduce the volume and velocity of traffic Interstate 64 already exists as an efficient transportation route from Charlottesville west for inter-county and interstate traffic, and for many western Albemarle County residents. The County should explore ways to reduce both the volume and velocity of traffic on 250, and should oppose any efforts by the state to widen 250. (c) Ensure that commercial development is appropriate to the corridor Any commercial development along the corridor should be limited to small buildings that are appropriate to the historic and rural character of the corridor. We believe that the recently-approved Blue Ridge Shopping Center near the intersection of Route 250 and Route 240 will generate substantial traffic and safety risks, ~s incompatible with the nature of Route 250, and was a mistake that should not be repeated. New shopping centers along the corridor should be prohibited, and shopping in Crozet proper should be encouraged. (d) Provide incentives for commercial development in Crozet Strong in-town commercial establishments are essential to develop a pedestrian-oriented community in Crozet, and to address shopping needs for residents in the western part of the County without building shopping centers along Route 250. The County should develop incentives to promote Crozet's existing downtown center consistent with its planned, stable future growth. (e) Establish programs and incentives for private landowners Credit for much of the current rural and natural beauty of the 250 corridor can be attributed directly to adjacent private landowners who have maintained their property in a manner that benefits all Albemarle citizens. Much of the future character of the corridor depends on the future actions of relatively few people. The County should establish a formal program to encourage and bold conservation easements along the corridor; provide incentives to encourage open space along the corridor; and othem'ise work with adjacent property owners to encourage any development to be conducted to avoid visual impact on the roadway. (f) Strengthen requirements for aesthetically pleasing si_mas and lighting High standards for signs and lighting must be a part of any scenic corridor effort. With a few exceptions, most of the commercial establishments in the 250 corridor are exemplary and are appropriate to the character of the area. This may not always be the case in the future. Also, despite a long-standing ban on billboards (off-premise advertising) in Albemarle County, several unsightly billboards remain in the corridor. Signs, lighting, and other aesthetic considerations should be strengthened where possible and serve as a model for later efforts in the rest of the County. Therefore, we request that the Board of Supervisors take the following action: Direct the planning staff to review and respond to the feasibility and desirability of these initial recommendations within three months, and to begin working with Scenic 250 and other interested citizens to develop specific policies and approaches to implement these recommendations. 1o: TO WHOM ADDRESSED From: Ella Washington Carey, Clerk, C~g~_..~ Subject: Ordinance Adopted by Board on May 21, 1997 I}ate: May 23, 1997 Attached for your use is a copy of an ordinance which was adopted by the Board of Supervisors on May 21. 1997: An ordinance to Amend and Reordain Chapter 12. Motor Vehicles & Traffic. Article I, In General. to incorporateby reference pursuant to Section 46.2-1313 of the Code of Virginia, as amended, appropriate provisions of Title 46.2 of the Code of Virginia. as amended, Article 9 (§ 16.1-278 et seq.) of Chapter I 1 of Title 16.1 of the Code of Virginia. as amended, and Artlde 2 (§ 18.2-266 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, as amended, regarding motor vehicles and/or driving under the influence, to expand and clarify the parking roles and regulations of the Cotmty, to grant police officers exrpanded authority to issue parking tickets and fire marshals authority to enforce fire lane violations, to establish a schedule of fines for parking violations and to revise procedures governing enforcement of parking violations. (2) An Ordinance to amend and reordain Section 2.1-4. of Chapter 2.1. Agricultural & Forestal Districts. of the Albemarle County Code. in subsection (j) known as the "Carter's Bridge Agricultural and Forestal District" to add 4 parcels described as TM102. Psl9,19A, 19B&19C, totaling 262.76 acs. Property on W sd of Rt. 627 (Carter's Mountain Rd). (Property designated Rural Areas in Comprehensive Plan.) Scottsville Dist. /EWC Attachments (21 CC: The Honorable James L. Camblos, III Rolisa Smith Melvin A. Breeden Robert Waiters Scott Hambrick Manicipai Code Corporation File ORDINANCE NO. 97-2.1(1) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2.1. AGRICULTURAL AND FORESTAL DISTRICTS, SECTION 2.1-4, DISTRICTS DESCRIBED, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED by the Board of County Supervisors of the County of Albemarle. Virginia, that Chapter 2.1. Agricultural and Forestal Districts, is hereby amended and reordained by amending Section 2. 1- 4 (j), "Carter's Bridge Agricultural and Forestal District", as follows: Sec. 2.1-4. Districts described. (j) The district known as the "Carter's Bridge Agricultural and Forestal District" consists of the following described properties: Tax map 101, parcels 55A, 60: taxmap 102. parcels 17A. I7B, 17B1.17D, 18, 19, 19A, 19B, 19C, 20 (part); tax map 112. parcels 3. 15, 16. 16C, 16D, 16E, 16F, 17, 18H, 20 (part), 21, 33A. and 37D: taxmap 113, parcels 1, 1Z, 2, 3, 6A, 11, 1 lA; tax map 114. parcels 21.25. 30. 51.55.56. 67, 67B, 69, 70; tax map 115, parcel 10; tax map 122, parcels 4.4A. 6. 7, 8, 9, 10, 12, 12N, 33, 33A, 36; tax map 123. parcels 2. 34, 59: tax map 124, parcel 11. This district, created on April 20. 1988 for not more than ten years, shall be reviewed prior to April 20, 1998. I. Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero, at a regular meeting held on May 21, 1997. Clerk, Board of County?upervisors ORDINANCE NO. 97-12(1) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, ARTICLE I, IN GENERAL, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED By the Board of Supervisors of the Count), of Albemarle, Virginia, that Chapter 12, Motor Vehides and Traffic, Article I, In General, is hereby amended and reordained as follows: By Amending: Section 12-1 Adoption of state law. Section 12-18 Penalty. By Renumbering: Section 12-5 Section I2-6 Section I2-7 Section I2-8 Stopping or parking; generagy. Vehicles; generally. Emergencies; parking restrictions. Authority of fire department officials to direct traffic, etc. By Renumbering and Amending: Section 12-3 General prohibitions. Section 12-4 Restricted parking on county-owned property. Section I2-8.1 Parking-Certain restricted areas. Section 12.-8.2 Same-Enforcement of parking regulations; notice of violations; waiver of trial; contesting charges; penalties. By Adding New: Section 12-3 Section 12-4 Section 12-5 Section 12-5.3 Section 12-5.4 Section 12-5.5 Section 12-6 Section 12-6.2 Section 12-6.4 Section 12-7 Section 12-8 Section 12-9.2 Section 12-9.3 General Prohibitions. Restricted parking on county-owned property. Stopping or parking; generally. Parking on private property. Parking or standing in fire lanes. Regulated parking areas; parMng meters. Vehicles; generally. Vehide requirements. Removal and disposition of abandoned or unattended vehicles. Emergencies; parking restrictions. Authority of fire department officials to direct traffic, etc. Presumption in prosecution for parking violations. Removal or immobilization of vehides with outstanding parking vi01ations; ARTICLE I. IN GENERAL § 12-1 Adoption of state law. § t 2-3 General prohibitions. § 12-4 § 12-5 § 12-5.1 § I2-5.2 § 12-5.3 § 12-5.4 § 12-5.5 § 12-6 § 12-6.1 § 12-6.2 § 12-6.3 § 12-6.4 § 12-7 § 12-8 § 12-9 § 12-9.1 § 12-9.2 § 12-9.3 Restricted parking on county-owned property. Stopping or parking; generally. Restricted areas -- handicapped parking. Stop signs; yield right-of-way signs. Parking on private property. Parking or standing in fire lanes. Regulated parking areas; parking meters. Vehides; generally. Permits for parades and processions. Vehicle requirements. Putting glass, etc., on highway prohibited. Removal and disposit/on of abandoned or unattended vehides. Emergencies; parking restrictions. Authority of fire department officials to direct traffic, etc. Compliance with chapter; penalty for violation of chapter. Same--Enforcementof parking regtflations; notice of violations; waiver of trial; contesting charges; penalties. Presumption in prosecution for parking violations. Removal or immobilization of vehicles with outstanding parking violations. ARTICLE III. SNOW ROUTES § 12-18 Penalty ARTICLE I. IN GENERAL Sec. 12-1. Adoption of state law. Pursuant to the authority of Tide 46.2~1313 of the Code of Virginia, as amended, all of the provisions and requirements of the laws of the conmxonwealth containedin Tide 46.2, Artide 9 of Chapter t I of Tide 16. I, and Article 2 of Chapter 7 of Tide 18.2 of the Code of Virginia, as in force on July 1, 1997. and as amended from that date and in the future, except those provisions and requirements the violation of which constitutes a felony, and except those provisions a~d requirements which by their very nature can have no application to or within the county, are hereby adopted and incorporated in this chapter by reference and made applicable ~vithin the county. References to "highways of the state" contained in such provisions and requirements hereby adopted shall be deemed to refer to the streets, highways and other public ~vays within the county. Such provisions and requirements are hereby adopted, mutatis mutandis, and made a part of this chapter as fully as though set forth at length herein, and it shall be unlawful for any person, within the county, to violate or fail, neglect or refuse to comply with any provision of Tide 46.2, Article 9 of Chapter 11 of Tide 16.1, or Article 2 of Chapter 7 of Tide 18.2 of the Code of Virginia which is adopted by this section; provided, that in no event shall the penalty imposed for the violation of any provision or requirement hereby adopted exceed the penalty imposed for a similar offense under Title 46.2, Artide 9 of Chapter 11 of Tide 16.1, or Artide 2 of Chapter 7 of Tide 18.2 of the Code of Virginia. / [ 10-19-72. § 3; 10-9-74; 4-13-88; Ord. of 3-14-90; Ord. of 6-5-91) 2 Sec. 12-3. General Prohibitions. (a) It shall be unlawful for any person to park or stop a vehicle, except when necessary to avoid traffic or with tbe directions of a police officer or traffic-control device, in any of the following locations: ( 1 ) On any sidewalk. (2) In or in front of any driveway so as to block the use of such driveway to others. (3) Within fifteen (15) feet of any fire hydrant. (4) Any closer to a corner than is indicated by signs or marks npon the road or curb. (5) Within any bus zone, as indicated by signs or marlcs upon the road or curb. (6) Within a marked crosswalk. (7) Abreast of another vehicle parallel to a curb (double parking). (8) Within any loading zone, as indicated by signs or marlcs upon the road or curb. (9) Within any zone indicated by signs or marks upon the road or' curb as a no parking zone. (10) At any location for a longer time than is permissible by signs or marks upon the road or curb (overtime parking). (11 ) In any fire lane marked or indicated as such. (12) On any grass, unless such parking is indicated by sign as permissive. (13) Within fifty (50) feet of the nearest rail of a railroad grade crossing. (14) Alongside or opposite any street excavation or obstruction, when such parking would obstruct traffic. (15) Upon any bridge or other elevated structure on a highway or within a turmel. (I 6) At any place where official signs prohibit parking. (b) Law-enforcementofficers may move or cause to be moved motor vehides to anyplace they may deem expedientwithout regard to the provisions of this section, when in the performance of their lawful duties. State law reference -- for state law as to the authority of the county to adopt this section, see Code of Va. § 46.2-1220. (Previous § 12-3 Tail gates on vehicles is now § 12-6 Vchides; generally.) 3 Sec. 12-4. Restricted parking on county-owned property. (a) The county executive is anthorized to designate specific areas on county-owned property to be restricted parking zones. The county executive shall designate the types of motor vehides which may be permitredto park in the restricted zones and the time, place and manner in which sucb vchides may be permitted to park in the restricted parking zones. The county executive shall make such rules and regulations as parking conditions may require in the restricted parking zones and under the varying conditions that may exist at different times. It shall be the duty of the county executive, upon fire adoption of such regulations but before the same shah become effective, to give public notice thereof by establishing and posting signs or by other means which may be reasonably adequate to readilyinform the operators of vehicles in restricted parking zones of the existence, nature and requirements of such regulations. (b) It shall be unlawful for any person to park or stop a motor vehicle of a type or in a manner which violates the provisions of any nde or regulation restricting the parking of motor vehicles on county- owned property adopted and promulgated in accordance with this section. State law reference -- for state law as to the authority of the county to adopt this section, see Code of Va. § 46.2-1221. (Previous § 12-4 Injuring, tampering or interferinggenerallywith vehicles is now § 12-6 Vehicles; generally.) Sec. 12-5. Stopping or parking; generally. (a) No person shall stop a.vehide in such a manner as to impede or render dangerous the use of highways or county roads by others; except in the case of an emergency, an accident or mechanical breakdown, tn the event of any such emergency, accident or breakdown, the emergency flashing lights of such vehicle shall be turned on; if the vehicle is equipped with such lights and such lights are operating. A report of Ore vehicle's location shall be made to the nearest police officer as soon as practical. The vehicle shall be moved to the shoulder as soon as possible and then removed from the shoulder without unnecessary delay. If such vehicle is not prompdy removed, removal may be ordered by a police officer; at the expense of the owner, if such vehicle creates a traffic hazard. For state law as to stopping on highways, see Code of Va., § 46.2-888. (b) The provisions of subsection (a) shall not apply to any vehicle owned or controlled by the Virginia Department of Highways and Transportation or the county, while actually engaged in the construction, reconstruction or maintenance of highways and roads. For state taw as to exceptions for certain vehicles, see Code of Va., § 46.2-891. (c) No person having control or charge of a motor vehicle shall allow such vehide to stand on any highway unattended, without first effectively setting fire emergency or parking brake thereon, stopping the motor and turning the front wheels into the curb or side of the roadway. (d) The operator of a motor vehicle, trailer or semitrailer, when temporarily stopped on the traveled or paved portion of a highway so as to create a traffic hazard, shall flash all four (4) turn signals 4 simultaneously to signal approaching motorists of the existing hazard, whenever such vehicle is equipped with a device which will cause the four (4) turn signals to flash simultaneously. (e) No truck or bus, except a school bus, shall be stopped wholly or partially on the traveled portion of any highwayin the county outside of a town for the purpose of talcing on or discharging cargo or passengers, unless the operator carmot leave the u-aveled portion of a highway with safety. A school bus may be stopped on the traveled portion of a highway when taking on or discharging school children, but such stops shall be made only at points where the bus can be dearly seen for a safe distance from both directions. For state law as to stopping on highways, see Code of Va., § 46.2-893. (Previous § 12-5 Authority of fire department officials to direct traffic, etc., is now § 12~8.L) Sec. 12-5. I. Restricted areas -- handicapped parldng. (a) It shall be unlawful for a vehide not displaying disabled parking license plates, an organizationalremovable windshield placard, a permanent removable windshidd placard or a temporary removable ~vindshidd placard issued under section 46.2-124 I, of the Code of Virginia, or DV disabled parking license plates issued under subsection B of section 46.2-739 of the Code of Virginia, to park in a parking space reserved for persons with disabilities that limit or impair their ability to walk or for a person who is not limited or impaired in his ability to walk to park a vehicle in a parl4ng space so designated except when transporting a person with such a disability in the vehide. (b) Any person violatingthis section may be issued a summons without the necessity of a warrant being obtained by the owner of such privately owned parldng area. © Proof that the vehide describedin the complaint, summons, parking ticket, citation, or ~varrant was parked in violation of this section, together with proof that the defendant was at the time the registered owner of the vehicle, as required by section 46.2-600 et seq., of the Code of Virginia, shall constitute prima facie evidence that the registered owner of the vehide was the person who corrmdtted the violation. (d) No violation of this section shall be dismissed for a property owner's failure to comply strictly ~vith the requirements for disabled parldng signs set forth in section 36-99.11 of the Code of Virginia provided the space is clearly distinguishable as a parking space reserved for persons with disabilities that limit or impair their ability to walk. (e) Any person who creates a counterfeit or unauthorized replica of a d~isabled parking license plate, DV disabled parkinglicense plate which has been issued under subsection B of section 46.2-739 of the Code of Virginia, organizational removable windshield Placard, permanent removable windshield placard or temporary removable windshield placard, shall be guilty of a Class 2 misdemeanor. (f) Any person ~vho displays a counterfeit or unauthotized replica of a disabled parking license plate, DV disabled parkinglicense plate which has been issued under subsection B of section 46.2-739 of the Code of Virginia, organizational removable windshield placard, permanent removable windshield placard or temporary removabtewindshield placard and parks in a disabled parking space or attempts to 5 use the parking privileges afforded by section 46.2-1245 of the Code of Virginia, shall be guilty of a Class 2 misdemeanor. (g) Any person who alters a disabled parMnglicense plate, DV disabled parldnglicense plate which has been issued under subsection B of section 46.2-739 of the Code of Virginia, organizational removable windshield placard, permanent removable windshield placard or temporary removable windshield placard, shall be guilty of a Class 2 misdemeanor. (hi Any person who parks in a space reserved for persons with disabilities that limit or impair their ability to walk or attempts to use the parMng privileges afforded by section 46.2-1245 of the Code of Virginia and displays a disabled parking license plate, DV disabled parking license plate which has been issued under subsection B of section 46.2-739 of the Code of Virginia, organizational removable windshield placard, permanent removable windshidd placard or temporary removable windshield placard which has been issued to another person, and is not transporting a person with a disability ~vhich limits or ~mpairs his ability to walk. shall be guilty of a Class 2 misdemeanor. (Il Any person ~vho makes a false statement of material fact to obtain or assist an individual in obtaining a disabled parMnglicense plate, DV disabled parking license plate which has been issued under subsection B of section 46.2-739 of the Code of Virginia, organizational removable windshield placard, permanent removable windshield placard or temporary removable ~vindshield placard, shall be guilty of a Class 2 misdemeanor. (j) Any person ~vho sells or exchanges for consideration any valid, altered or counterfeit disabled parking license plate. DV disabled parking license plate which has been issued under subsection B of section 46.2-739 of the Code of Virginia, organizational removable windshield placard, permanent removable windshield placard or temporary removable windshield placard, shall be guilty of a Class 2 misdemeanor. (k) Any person ~vho knowingly provides to another person, ~vithout sale or exchange of consideration, any valid, altered, or counterfeit disabled parMng license plate, DV disabled parking license plate which has been issued under subsection B of section 46.2-739 of tile Code of Virginia, permanent removable windshield placard, temporary removable windshield placard or organizational removable windshield placard, shall be guilty of a Class 3 misdemeanor. (1) Parking a vehicle in a parking space reserved for persons with disabilities in violation of this section shall be punishable by a fine of not less than one hundred dollars ($I00.00) nor more than five hundred dollars ($500.00). State law reference--for state la~v as to authority of county to adopt this section, see Code of Va., § 46.2-1237. Sec. 12-5.2. Stop signs; yield right-of-way signs. The county executive, or his designated agent, shall have the power to designate intersections at which vehicles shall come to a full stop or yield the right-of-way; provided, that nothing herein shall be construed as authorizing the cottnty executive to so designate any intersection within tile Tovm of Scottsville. (12-19-74) 6 Sec. 12-5.3. Parking on private property. No person shall stand or park a vehide on any private lot or lot area'without the express or implied consent of the owner thereof. Whenever signs or markings have been erected on any lot or lot area, contiguous or adjacentto a street, road, highway or alley, indicatingthat no vehicles are permitted to stand or park thereon, it shall be m~lawful for any person to stop, stand or park any vehide in such lot or lot area, or to drive a vehide across any curb or lot line or over any driveway from a street, road, alley or highway into such lot or lot area for the purpose of standing or parking such vehicle. Sec. 12-5.4. Parking or standing in fire lanes. (a) It shall be unla~vful for any person to park or stand a vehide in any designated and marked fire lane, except as follmvs: Fire lanes within commercial or school properties, or ~vithin residential or industrial lanes, may be used for temporary stopping to pick up or discharge passengers or supplies; provided that a vehicle shall be so stopped parallel and immediately adjacent to the curb and a licensed operator shall occupy and be in control of the vehicle while it is so stopped. (b) The placement of a vehide, for any ptLrpose, w/thin a fire lane perpendicular to the curb or edge is prohibited. (c) Airy police officer or the fire marshal or his authorized representatives who finds any vehicle in violation of this section shall have the authorityto remove such vehide at the owaxer's risk and expense. This authority shall extend to any fire or rescue officer in charge of a fire or rescue operation who finds any such violation to be interfering with such emergency operations. (d) The countypolice or the fire marshal or his authorizedrepresentativesare authorized to enter anzfire lane for the purpose of enforcing the provisions of this section. (e) No provision of this section shall apply to fire, rescue or police vehicles while they are involved in emergency operations. Sec. 12-5.5. Regulated parking areas; parking meters (a) The board of supervisors shall have the authority to direct the county executive to order and arrange for the installation and maintenance of parking meters at sites designated by the board. The board shall by resolution set the prices and time limits for parking in the areas regulated by such parking meters. (b) Members of the police department and any other county personnel designated by the police chief shall enforce the restrictions and regulations set by the board regarding parking meters. Such enforcement shall be in compliance with section 12-9. i of this Code. State law reference -- for state law as to the authority of the county to adopt this section, see Code of Va. § 46.2-1220. 7 Sec. 12-6. Vehicles; generally. (a) It shah be unlawful for the operator of any truck, trailer or other vehide equipped with a tail gate, to lower or open the tail gate thereon, or to stiffer or permit such tail gate to be lowered or opened, except during the time the vehicle is being loaded or unloaded, and except during the time the load on the vehicle necessitates a lowered or opened tail gate as a support for the load. It shall be the duty of the operator of any such vehicle to see that the tail gate on such vehicle is kept closed or raised, except during the times hereinbefore specified. (10-t9-72, § 2) (b) No person shall individually or in association with one or more others wilfully break, injure, tamper with or remove any part of any motor vehide, trailer or semitrailer for the purpose of injuring, defadng or destroying such motor vehicle, trailer or semitrailer or temporarily or permanendy preventing its useful operation, or for any purpose, against the will or without the consent of the owner of such motor vehide, trailer or semitrailer, nor shall any person in any other manner wilfully or maliciously interfere with or prevent the mrming or operation of such motor vehide, trailer or semitrailer. (c) No person shall, without the consent of the owner or person in charge of a motor vehicle, trailer or semitraHer~ climb into or upon such motor vehicle, trailer or semitrailer with intent to commit any crime, malicious mischief or injury thereto; or, while a motor vehicle, trailer or semitrailer is at rest, shaH attempt to manipulate any of the levers and starting crank or other device; brakes or mechanism thereof or to set such motor vehicle, trailer or semitrailer in motion, except that the foregoing provision shall not apply when any such act is done in an emergency or in furtherance of public safety or by or under the direction of an officer in the regulation of traffic or the performance of any other officia} duty, (d) Any person violating the provisions of subsections (b) or (c), of this section, shall be punished as provided in section 1-6. (Code 1967, § 12-6) For state law as to injuring, destroying, etc., see Code of Va., § 18.2-146. (Previous § 12-6, Stop signs; yield right-of-way signs is now § 12-5.2.) Sec. 12-6.1 Permits for parades and processions. No athletic contest, race, demonstration, plarmed gathering or parade, excepting the military forces of the United States, the military forces of the state and police and fire vehicles and personnel, shall occupy, march or proceed along any street, road or highway, except in accordancewith a permit issued by the chief of police and such other regulations as are set forth in this chapter which may apply. (Code 1967, § 12-8; 4-13-88) Sec. 12-6.2 Vehicle requirements. (a) It shah be unlawful for any person to park, keep or permit to be parked or kept any motor vehide, trailer or semitrailer in or on any public highway, street, alley, public easement or other public thoroughfare in the cotmty, or any other area in the county subject to regulations by the county, unless: (1) The motor vehide shall be currently inspected and approved in accordance with the provisions of the laws of the state; (2) The vehicle shall be currendy registered and licensed to be operated upon the highways of this state in accordance with the provisions of the laws of this state and a valid state license plate shall be visibly displayed; and (3) The vehide shall be currently licensed to be operated upon fire highways and roads of the cotmty in accordance witlr the laws of the cotmty, and the county motor vehicle sticker shall be visibly displayed. Sec. 12-6.3 Putting glass, etc., on highway prohibited. (a) No person shall thro~v or deposit or cause to be deposited upon any street or highway any glass bottle, glass, nail, tack, wire, can or any other substance likely to injure any person or animal or damage any vehide upon such street or highway, nor shall any person throw or deposit or cause to be deposited upon any highway any soil, sand, mud, gravel or other substances so as to create a hazard to the traveling public. (b) Any person ~vho drops, or permits to be dropped or throvm, upon any street or highway any destructive, hazardous or injurious material shall immediately renrove the same or cause it to be removed. (c) Any person removing a wrecked or damaged vehicle from a street or high~vay shall remove any glass or other injurious substance dropped upon the street or highway from such vehicle. (d) Any person violating the provisions of this section shall be punished as provided in section 1-6. (Code 1967, § 12-10) For state law as to placing glass; etc., on public roads, see Code of Va., § 18.2-324. Sec. 12-6~4. Removal and disposition of abandoned or unattended vehicles. (a) A vehicle shall be deemed abandoned if it lacks a valid license plate, valid cotmty sticker or valid state inspection sticker and the vehide has been in the same specific location for forty-eight (48) hours without being moved. (b) A vehicle shall be deemed unattended iff 1 ) The vehicle is illegally parked and the owner or operator is not present; or 2) The vehide is stopped on a public highway or road, constitutes a traffic hazard and the owner or operator is not present; or 3) The vehicle is stopped on a public high~vay, public road or private property without the consent of the property owner, lessee or occupant and the vekide has been in such location for more than forty-eight (48) hours without being attended by the owner or operator. (c) Police officers or other uniformed personnel designated by the chief of police may remove or cause to be removed any abandoned or tmattended vehicle from public highways or roads. 9 (d) Abandoned or unattended vehides left on pnvare property may be removed or caused to be removed by police officers or other uniformed personnel designated by the chief of police, but only at the written request of the property owner, lessee or occupant. The property owner, lessee or occupant must provide in writing for the indemnification of the county against any loss or expense incurred by reason of removal, storage or sale of the abandoned or unattended vehicle. (e) As soon as possible after removal has occurred under subsection ic~ or (d), the police deparUnent must notify the owner of the vehide of the vehide's location and the procedure for the owner to recover the vehide. State law reference -- for state law as to the authority of the county to adopt this section, see Code of Va. § 46.2-1213. Sec. 12-7. Emergencies; parking restrictions. (a) No vehicle shall be stopped at or in the vidnity of a fire_ vehide or airplane accident or other area of emergency, in such a manner as to create a traffic hazard or interfere with police, fire fighters. rescue workers or others whose duty it is to deal with such emergencies. Any vehide fotmd unlawfully parked in the vicinity of such fire, accident or area of emergency may be removed by order of a police officer or, in the absence of a police officer, by order of the uniformed fire or rescue officer in charge, at the risk and expense of the owner, if such vehicle creates a traffic hazard or interferes with the necessary procedures of police, fire fighters, rescue workers or others ~vhose assigned duty it is to deal with such emergendes. The charge for such removal shall not exceed the actual and necessary cost. Vehicles being used by accredited information services, such as press, radio and television, when being used for the gathering of news, shall be exempt from the provisions of this subsection, except when actually obstructing the police, fire fighters and rescue workers dealing with such emergencies. (b) It shall be unlawful for the driver of any vehicle to park such vehicle within five hundred (500) feet of where any fire apparatus has stopped in answer to a fire alarm. This section shall not apply to any division responding to such alarm in the performance of his lawful duties. (Previous § 12-7 Permits for parades and processions is now § I2-6.1.) Sec. 12-8. Authority of fire department officials to direct traffic, etc. (a) Wtdle any fire department is in the process of answering an alarm of fire or extinguishing a fire and returning to station, the fire chief or other officer in charge of such fire department at that time shall have the authority to maintain order at the fire or its vicinity, direct the actions of the firemen at the fire, keep bystanders or other persons at a safe distance from the fire and fire equipment, facilitate the speedy movement and operation of fire fighting equipment and firemen and until the arrival of a police officer, direct and control traffic in person or by deputy and facilitate the movement of traffic. (b) The fire chief or other officer in charge shall displayhis fireman's badge or other identification of authority. Notwithstandingany other provision of law, this authority shall extend to the activation of traffic control signals designed to fadfitate the safe egress and ingress of fire fighting equipment at a fire station. Any person refusing to obey the orders of the fire chief or his deputies or other officer in charge 10 at that time shall, npon conviction thereof, be punished by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($I00.00). (Code 1967, § 12-7; 4-I3-88) For state law as authority of fire department to activam electric traffic control signals when on duty, see Code of Va., § 46.1-184(e). (Previous § 12-8 Putting glass, etc., on highway prohibited is now § 12-6.3.) (Previous § 12-8.1. Parldng-Certain restrict areas is now § 12-5.1 Restricted areas -- handicapped parking.) Sec. 12.9. Compliance with chapter; penalty for violation of chapter. (a) It shall be unlawful for any person to refuse, fail or neglect to comply with any of the provisions of this chapter or any rule or regulation promulgated pursuant thereto. (b) Every person convicted of a violation of any of the provisions of this chapter or rule or regulation promulgated pursuant thereto, for which no other penalty is provided, shall be guilty of a traffic infraction, punishable by a fine of not more than one hundred dollars ($100.00). (Code 1967, § 12-14; 8-11-76; 4-13-88) State law reference--For state law prohibiting county from imposing a penalty for violation of traffic regulations in excess of that imposed for similar offense by the state, see Code of Va., § 4&2-1300. As to state law penalty for violation of motor vehicles and traffic regulations generally, see Code of Va., § 46.2-I 13. Sec. 12-9.1. Same--Enforcement of parking regulations; notice of violations; waiver of trial; contesting charges; penalties. (a) Police officers and other uniformed personnel designatedby the chief of police to enforce the parldngprovisions of this Code shall post a written notice of violation on the windshield of each vehicle found illegally parked. Such notice of violation shall state that the recipient of the notice may elect to waive his or her right to appear and be tried for the offense or offenses indicated in the notice. (b) Persons desiring to waive trial may do so by voluntarilyremitting to the office of the director of finance the amount of the fine stipulated for each violation marked on the notice. Such fines shall be leviedin accordancewith the schedule set forth in subsection (e) of this section. If the required amount is not received in the office of the director of finance or mailed and postmarked within ninety-six (96) hours after the notice of violation is issued, the amount of the applicable fine shall be doubled. (c) Whenever the fines are paid by mail, the responsibility for receipt of the payment by the director of finance shall lie with the registered owner of the vehicle parked in violation. Payment may be made by personal check; provided, that if such check is returned for insufficient funds, the vehicle owner shall remain liable 'for the parking violations, and shall likewise be subject to a service charge of twenty dollars ($20.00) for processing the returned check. 11 (d) Any recipient of a notice of violation desiring to contest the charges cited in the notice shall appear at the office of the director of finance and, on forms provided by the director of finance, file a written request for administrative review and dismissal of the charges. The facts of the request shall be reviewed and commented upon by a representative of the director of finance and a representative of the police department, who shall recommend whether the request should be approved or denied. Acting on such request and recommendation, the director of finance shall decide whether the charge shall be dismissed. The recipient of the notice sha]l indicate on the request for review whether a hearing in court is demanded in the event the request for dismissal is denied, tf the request for review is made within ninety-six (96) hours of the violation, the recipient shall have an additional ninety-six (96) hours after denial of the request to remit the fine, before the amount thereof is doubled. (e) The schedule of fines shall be as follows: Offense Paid before 96 hours Paid after 96 hours Parking on Sidewalk 10.00 20.00 Blocking Driveway 10.00 20.00 Park within 15 feet of fire hydrant I0.00 20.00 Park within bus zone 10.00 20.00 Park in crosswaLk 10.00 20.00 Double Parking 10.00 20.00 Parking in Fire Lane 25.00 50.00 Parkingin loading zone 10.00 20.00 Parking in prohibited zone 10.00 20.00 Overtime parking 5.00 10.00 Parking within 50 feet of railroad crossing 10.00 20.00 Parking alongside or opposite street 10.00 20.00 obstruction or excavation Parking on bridge 10.00 20.00 Parking where prohibited 10.00 20.00 No County Decal 25.00 50.00 Handicapped Parking I00.00 200.00 (f) Any vehicle owner who fails to respond to a notice of violation, either by paying the stiptdated fines or by filing a request for review or hearingwith the director of finance within ten (10) days, shall be subject to surmnons and arrest pursuant to section z~6.2-941 of the Code of Virginia. 12 State law reference--For state taw as to audrority of county to adopt this section, see Code of Va. § 46.2-1225. (This section was previously § 12-8.2.) Sec. 12-9.2. Presumption in prosecution for parking violations. In any prosecution for a violation of any provision of this article, proof that the vehicle described in the citation or summons was in violation of such provision, together with proof that the defendant was, at the time of such violation, the registered owner of the vehicle, as required by Chapter 12 of Title 46.2 of the Code of Virginia, shall constitute in evidence a rebuttable presumption that such registered owner was the person who committed the violation which occurred. Sec. 12-9.3. Removal or immobilization of vehicles with outstanding parking violations. (a) Any vehicle parked or stopped on any public highway, public road or public property against which there are three (3) or more unpaid or unsettled parking violation notices may be removed or immobilized or caused to be removed or immobilized by police officers or other uniformed persom~el designated by the chief of police. Such irmnobilizatlon shall be in a maturer which will prevent the removal or operation of the vehicle except by authorized law enforcement personnel. (b) The police department shall, as soon as possible after the vehicle has been removed or immobilized, notify the owner of such vehicle of the nature and circumstances of the prior unsettled or mrpaid parking violation notices: If the vehide has been immobilized or caused to be immobiliz~ by the law enforcement personnel, such personnel shall place on the vehicle, in a conspicuous manner,.a notice warning that the vehicle has been immobilized and attempts to move the vehicle co~d damage it. (c) The owner of an immobilizedvehide, or the owner's agent; has twenty-four (24) hours from the time the vehicle was immobilized to secure the release of the vehicle. After that time, police officers or other uniformed personnd designated by the chief of police may remove or cause to be removed the vehicle to a storage facility. (d) If the owner refuses or fails to pay the outstandingparkingviolation notices and the costs, or the owner is not ascertainable after a diligent search by the police department, the finance department shall send notice to last known address of the owner and to the holder of any lien of record on the vdricle. The vekide shall then be subject to tire sale provisions of Va. Code § 46.2-1209. State law reference -- for state law as to the authority of the county to adopt tltis section, see Code of Va., § 46.2-1216. ARTICLE III. SNOW ROUTES Sec. 12-18. Penalty. Any person convicted of violathrg any of the provisions of this article shall, upon conviction thereof, be punished by a frae not to exceed fifty dollars ($50.00) for each such offense. (Code 1967, § 12-89) State law reference--For state law establishing maximum penalty for violation of snow route regulations, see Code of Va., § 46.2-1302. 13 BE IT FURTHER ORDAINED that this Ordinance shall be effective July 1,199Z I, Ella W. Carey, do hereby certify that the foregoing ~vriting is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of slx to zero, at a regular meeting held on May 21 ~ 1997. ~--~ ~//~c.g~'/ '~C~e~k, l~oard of county Sutrvisors / 14 BOARD OF SUPERVISORS COUNTY OF ALBEMARLI / EXECUTIVE SUMMARY }5-~ 9-97A37:3~ RCVD AGENDA TITLE: Public Hearing to Amend Parking Ordinance SUBJECT/PROPOSAL/REQUEST: Public Hearing on an ordinance to Amend Chapter 12. Motor Vehicles & Traffic. regarding motor vehicles and/or driving under the influence, to expand and clarify the parking rules and regulations of the County, to grant police officers expanded authority to issue parking tickets and fire marshals authority to enfome fire lane violations, to establish a scneaule of fines for parking violations and to revise Drecedures governing enforcement of parking violations. STAFF CONTACTIS): Messrs. Tucker, Huff, Davis AGENDA DATE: May 21, 1997 ACTION: X ITEM NUMBER: INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: In 1995. the General Assembly added Albemarle County to those jurisdictions with expanded powers to regulate parking within their limits and on County-ownea property. As a result of these legislative changes, and because of the increase in populafJon and traffic in the County, the Police Department has reauested revisions to the County Code dealing with motor vehicles ana parking in order to provide effective enforcement of traffic regulations consistent with state law. The revisions to Chapter ']2 include expanded authority for police officers to issue parking tickets for soecific violations as well as expanded authority for the fire marshal to enforce fire lane violations: restrictions on parking on county-owned and on privately-owned property; amendments to disabled {handicapped) parking provisions to conform to state law: a schedule of fires for parking violations and revised procedures for payment and appeals: and restrictions on parking n emergency situations. In addition, the revisions recodify the incorporation of various state code provisions dealing with motor vehicles in effect as of July '], 1997 The purpose for the effective date of July 1 1997 is two-fold. First this date will allow the Police Department sufficient time to~ plan for implementation and enforcement of these provisions, includin§ printing ticket books. Second. several state code amendments passed by the General Assembly this past session dealing with motor vehicles and addressed in the ordinance revisions take effect on July 1. 1997. RECOMMENDATION: Staff recommends that. following the public hearing, the Board adopt the ordinance and amend County Code Chapter 12 to incorporate these changes. DRAFT: May 21, 1997 ORDINANCE NO. AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 12. MOTOR VEHICLES AND TRAFFIC, ARTICLE I, IN GENERAL, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 12, Motor Vehicles and Traffic, Artide I, In General, is hereby amended and reordained as follows: By Amending: Section 12-1 Section 12-18 By Renumbering: Section 12-5 Section 12-6 Section 12-7 Section 12-8 By Renumbering and Amending: Section 12-3 Section 12-4 Adoption of state law. Penalty Authority of fire department offidals to direct traffic, etc. Stop signs; yield right-of-way signs. Permits for parades and processions. Putting glass, etc., on highway prohibited. Tail gates on vehicles. Injuring, tampering or interfering generally with vehicles. By Adding New: Section 12-8.1 Section 12-8.2 Section 12-3 Section 12-4 Section 12-5 Section 12-5.3 Section 12-5.4 Section 12-5.5 Section 12-6 Section 12-6.2 Section 12-6.4 Section 12-7 Section 12-8 Section 12-9.2 Parking-Certain restricted areas. Same-Enforcement of parking regulations; notice of violations; waiver of trial; contesting charges; penalties. General Prohibitions. Restricted parking on county-owned property. Stopping or parking; generally. Parking on private property. Parking or standing in fire lanes. Regulated parldng areas; parking meters. Vehicles; generally. Vehicle requirements. Removal and disposition of abandoned or unattended vehicles. Emergencies; parking restrictions. Authority of fire department officials to direct traffic, etc. Presumption in prosecution for parking violations. Sec. 12-1. Adoption of state law. Pursuant to the authority of Tide 46.2-1313 of the Code of Virginia. as amended, all of the provisions and requirements of the laws of the commonwealth contained in Tide 46.2, Article 9 of Charter 11 of Title 16.1, and Artide 2 of Chapter 7 of Tide 18.2 of the Code of Virginia, as in force on Octc, bcr 1. 1989 Iulv 1, 1997, and as mended from that date and in the future, except those provisions and requirements the violation of which constitutes a felony_ and except those provisions and requirements which by their very nature can have no application to or within the county, are hereby adopted and incorporated in this chapter by reference and made applicable within the county. References to "highways of the state" contained in such provisions and requirements hereby adopted shall be deemed to refer to the streets, highways and other public ways within the county. Such provisions and requirements are hereby adopted, mutatis mutandis, and made a part of this chapter as fully as though set forth at length herein, and it shall be unlawful for any person, within the county, to violate or fail. neglect or refuse to comply ,Mth any provision of Title 46.2. Article 9 of Charter 11 of Title 16.1, or Article 2 of Chapter 7 of Tide 18.2 of the Code of Virginia which is adopted by this section: provided, that in no event shall the penalty imposed for the violation of any provision or requirement hereby adopted exceed the penalty imposed for a similar offense tmder Title 46.2, Artide 9 of Chapter 11 of Tide 16.1, or Article 2 of Chapter 7 of Tide 18.2 of the Code of Virginia. (10-19-72, § 3; 10-9-74; 4-13-88: Ord. of 3-14-90; Ord. of 6-5-91) Sec. 12-3. General Prohibitions. (a) It shall be unlawful for any person to park or stop a vehicle, except when necessary to avoid traffic or with the directions of a Dolice officer or traffic-control device, in any of the followin~ locations: (1) On any s dewaik. (2/ In or in front of any driveway so as to block the use of such driveway to others. (3__) Within fifteen (15) feet of any fire hydrant__ (4l Any closer to a corner than is indicated bv sit, ns or marks upon the road or curb. (51 Within any bus zone, as indicated by signs or marks upon the road or curb. (6) Within a marked crosswailc (7) Abreast of another vehicle t)arailel to a curb (double parkine). 3 (8) Within anv loa~l~nd~onin~.~s indicated bv signs or marks upon the road or cu}b. k,~ff, J (9) Within any zoneXindicatexfbv signs or marks upon the road or curb as a no varkin~ zone. (i0) At any location for a longer time than is permissible bv signs or marks upon the road or curb (overtime parking). (11) In any fire lane marked or indicated as such. (12) On any ~rass. unless such mrkin~ is indicated bv sign as nermlssive. (13) Within fifty (50) feet of the nearest rail ora railroad grade crossing. (14) Alongside or opposite any street excavation or obstruction, when such parking would obstruct traffic (15) Upon any bridee or other elevated structure on a highway or within a tunnel. (16) At any olace where official signs prohibit parking. (bi Law-enforcement officers may move or cause to be moved motor vehides to any ulace they may deem exoedient without regard to the provisions of this section, when in the performance of their lawful duties. State law reference -- for state law as to the authority of the county to adopt this section, see Code of Va. ~ 46.2-1220. (Previous § 12-3 Tail gates on vehicles is now ,~ 1 -2 6 Vehides: generally.) Sec. 12-4. Restricted oarking on county-owned prot)ertv. (a) The county executive is authorized to designate sDedfic areas on county- owned ~roverrv to be restricted ~arking zones. The county executive shall designate the twes of motor vehides which may be permitted to park in the restricted zones and the time. place and manner in which such vehicles may be permitted to park in the restricted ~arking zones. The county executive shall make such rules and retmlations as mrkin~ conditions may require in the restricted parking zones and trader the varying conditions that may exist at different times. It shall be the duty of the county executive, upon the adoption of such regulations but before the same shall become effective, to give public notice thereof by establishing and ~osting signs or by other means which may be reasonably adeouate to readily inform the overators of vehicles in restricted parkin~ zones of the existence, nature and reouirements of such regulations. 4 (b) It shall be mzlawfifl for any person to Dark or stop a motor vehide of a type or in a manner which violates the provisions of any rule or regulation restrictine the parking of motor vehicles on cotmtv-owned property adopted and promulgated in accordance with this s~ction. State law reference -- for state law as to the authority of the county to adorn this section, see Code of Va. 5 46.2-1221. (Previous § 12-4 Injuring. tamverin~ o~ interfering generally with vehicles is now § 12-6 Vehicles; generally.) Sec. 12-5. Stopping or t)arldnm generally. (M No person shall stop a vehicle in such a manner as to imvede or render dangerous the use of highways or county roads by others, excevt in the case of an emergency, an accident, or mechanical breakdown. In the event of any such emergency, acddent or breakdown, the emergency flashing lights of such vehicle shal be turned on, if the vehicle is e0uior)ed with such lights and such lights are operating. A report of the vehicle's location shall be made to the nearest police officer as soon as vractical. The vehicle shall be moved to the shoulder as soon as vossible and then removed from the shoulder without unnecessary delay. If such vehicle is not vrommlv removed, removal may be ordered by a police officer, at the exvense of the owner, if such vehicle creates a traffic hazard. For state law as to sroDvine on highways, see Code of Va. 5 46.2-888. (bi The provisions of subsection (M shall not apply to any vehide owned or controlled by the Virginia Department of Highways and Transportation or the county, while actually engaged in the construction, reconstruction or maintenance of highways and roads. For state law as to exceptions for certain vehicles, see Code of Va. § 46.2-891. (c/No person having control or charge of a motor vehicle shall allow such vehicle to stand on any highway unattended, without first effectively setting the emergency or oarkint, bra_ke thereon, stopping the motor and turning the front wheels mtn the curb or side of the roadway. (d) The operator of a motor vehicle, trailer or semitrailer, when temporarily stopped on the traveled or Dared t~ortion of a highway so as to create a traffic hazard, shall flash all four (4~ turn signals simultaneously to signal approaching motorists of the existing hazard, whenever such vehicle is eauiDDed with a device which will cause the four (4) turn sitmals to flash simultaneously. (e) No truck or bus, except a school bus. shall be stoDoed wholly or oartiallv on the traveled portion of any highway in the county outside of a town for the puroose of taking on or discharging carvo or passengers, unless the operator canno~ leave the traveled Dortion of a highway with safety. A school bus may be stopped on the traveled portion of a highway when taking on or discharging school children, but such stops shall be made only at points where the bus can be dearly seen for a safe distance from both directions For state law as to stoppint on highways, see Code of Va. § 46.2-893. (Previous § 12-5 Authority of fire department offidals to direct traffic, etc. is now § 12-8.1.) Sec..~'° ..° ,~ 12-5.1. n_..~_:__ - Cc~cAn Restricted areas -- handicauned ~arkine. (a) It shall be unlawful for a vehicle not displaying a disabled parking license plates, ~^-~' ....... :~' ..... ~': ......... ........ ~**o~ ~ ..... 8 ~ ...... an ortanizafional removable windshield placard, a permanent removable windshield nlacard, or a temporary removable vc~ndshmld placm'd issued under sectxon 46.2-1241. ,5~, .,.~- 45.2 123 ~o of the Code of Virginia, or DV disabled pa~nse plates issued under subsection B of §46.2-739 of the Code of Virginia. tfL~kedX~t a parking space reserved for persons with disabilities that limit or imbairktheidabilitv to walk or for a person who is not limited or impaired in his ability r~to Dark a vehicle in a parkin~ space so desitmated excem when trans~)ortine a oerson with such a disability in the vehicle, thc ~andicap?cd ...... ~': ............. : ..... ' ....... '~ ..... '-:-~ (b) Any person violating this section may be issued a summons without the necessity of a warrant being obtained by the owner of such privately o~vned parMng area. do ..... for~,,~., ,.,,.,~on. Proof that the vehicle described in the complaint, smnmons, parMn~ ticket, citation, or warrant was oarked in violation of this section, together with oroof that the defendant was at the time the registered owner of the 6 vehicle, as reouired by §46.2-600 et seo. of the Code of Virginia. shall constirure vrima facie evidence that the registered owner of the vehicle was the verson who committed the violation. (d~_ No violation of this section shall be dismissed for a vropertv owner's failure to comolv strictly with the reouirements for disabled parkine signs set forth in §36-99.11 of the Code of Virginia vrovided the svace is dearly distinmlishable as a parldne space reserved for persons with disabilities that limit or impair their ability ro walk. (el Any person who creates a counterfeit or unauthorized replica of a disabled varldne license vlate. DV disabled varldne license plate which has been issued under subsection B of §46.2-739 of the Code of Virginia. oreanizational removable windshield placard, ~ermanent removable windshield placard, or temvorarv removable windshield ulacard, shall be tmiltv of a Class 2 misdemeanor. (f) Any person who disnlavs a counterfeit or unauthorized replica of a disabled Darldne license olate. DV disabled mrkine license Dlate which has been issued under subsection B of §46.2-739 of the Code of Virginia, organizational removable windshield olacard, oermanent removable windshield placard, or temporary removable windshield vlacard and ~arks in a disabled ~arldne s¢ace or attempts to use the uarking vrivileges afforded by §46.2-1245 of the Code of Virginia, shall be euilty of a Class 2 misdemeanor. (el Any verson who alters a disabled oarkin~ license vlate. DV disabled oarldne license vlate which has been issued under subsection B of § 46.2-739 of the Code of Virginia. oreanizational removable windshield placard, permanent removable windshield vlacard, or temvorarv removable windshield vlacard shall be tmiltv of a Class 2 misdemeanor. (hi Any verson who oarlcs in a svace reserved for versons with disabilities that limit or lmvair their ability to walk or attempts to use the parldng privileges afforded by §46.2-1245 of the Code of Virginia and disolavs a disabled varldng license plate, DV disabled varkint~ license vlate which has been issued under subsection B of §46.2-739 of the Code of Virginia. oreanizational removable windshield vlacard. oermanent removable windshield vlacard, or temvorarv removable windshield placard which has been issued to another verson, and is not transportin~ a person with a disability which limits or imvairs his ability to walk. shall be Tailtv of a Class 2 misdemeanor. 7 (il Any t~erson who makes a false statement of material fact to obtain or assist an individual in obtaining a disabled t~arking license vlate. DV disabled narking license vlate which has been issued under subsection B of § 46.2-739 of the Code of Virginia, ortanizational removable windshield olacard, vermanent removable windshield olacard, or temoorarv removable windshield vlacard shall be frailty of a Class 2 misdemeanor. (il Any person who sells or exchanges for consideration any valid, altered, or counterfeit disabled varking license nlate. DV disabled rmrkinq license plate which has been issued under subsection B of §46.2-739 of the Code of Virqima, organizational removable windshield ~)lacard. vermanent removable windshield placard, or temvorarv removable windshield vlacard shall be guilty of a Class 2 misdemeanor. (k) Any t~erson who knowingly orovides to another ~erson. without sale or exchange of consideration, any valid, altered, or counterfeit disabled oarking license t~late. DV disabled oarking license olate which has been issued under subsection B of §46.2-739 of the Code of Virtqma. t~ermanent removable windshield t)lacard, temporary removable windshield olacard, or organizational removable windshield olacard, shall be suiltv of a Class 3 misdemeanor. (1) Parking a vehicle in a t)arking svace reserved for t)ersons with disabilities in violation of this section shall be t)unishable bv a fine of not less than $100.00 nor more than $500.00. State law reference--for state law as to authority of county to adopt this section, see Code of Va., § 46.2-1237 Sec. 12-5. 12-5.2._ Stop signs; yield right-of-way signs. The county executive, or his designated agent, shall have the power to desig- nate intersections at which vehicles shall come to a full stop or yield the right-of-way; provided, that nothing herein shall be construed as authorizing the county executive to so designate any intersection within the Town of Scottsville. (12-19-74) 8 Sec. 12-5.3. Parkine on vrivate ~rovertv~ No person shall stand or oark a vehide on any vrivate lot or lot area without the exoress or imvlied consent of the owner thereof. Whenever sirras or marldn~s have been erected on any lot or lot area. contieuous or adiacent to a street, road. highway or alley, indicating that no vehicles are vermitted to stand or park thereon, it shall be unlawful for any person to stov. stand or Dark any vehicle in such lot or lot area, or to drive a vehicle across any curb or lot line or over any driveway from a street, road. alley or highway into such lot or lot area for the vuroose of standing or parlcin~ such vehicle. Sec. 12-5.4. Parking or standine in fire lanes. (al It shall be unlawful for any verson to Dark or stand a vehide in any designated and marked fire lane. excevt as follows: Fire lanes within commerdal or school r)roverties, or within residential or industrial lanes, may be used for temvorarv stopoine to oick uv or discharee vassengers or suvvlies; orovided that a vehicle shall be so stoooed r)arallel and immediately adiacent to the curb and a licensed overator shall occuvv and be in control of the vehicle while it is so SrODoed. (bi The placement of a vehicle, for any vurvose, within a fire lane veroendicular to the curb or edge is prohibited. (c) Any votice officer or the fire marshal or his authorized representatives who finds any vehicle in violation of this section shall have the authority to remove such vehicle at the owner's risk and exoense. This authoriw shall extend to any fire or rescue officer in charge of a fire or rescue operation who finds any such violation to be interfering with such emergency operations. (d) The county volice or the fire marshal or his authorized revresentatives are authorized to enter any fire lane for the Dui'pose of enforcint~ the orovisions of this section. (e) No t)rovision of this section shall apply to fire. rescue or police vehicles while they are involved in emergency overations. 9 Sec. 12-5.5. Regulated parking areas; parking meters (a) The Board of Supervisors shall have the authoriw to direct the county executive to order and arrange for the installation and maintenance of parking meters at sites designated by the Board. The Board shall by resolution set the prices and time limits for parking in the areas regulated by such parking meters. (b) Members of the nolice department and any other county personnel desimxated by the ooli~ shall enforce the restrictions and rek, ulations set by the Board regarding paf[~n~ me'be~s. Such enforcement shall be in compliance with Section i_2-9.1 of~this Code. )} State law reference - for state law as to the anthoritv of the county to adopt this section, see Code of Va. ~ 46.2-1220. Sec ~ o o q-~.~ ........... ~:~'^~ 12 6 Vehides generally (a)It shall be unlawful for the operator of any truck, trailer or other vehicle equipped with a tail gate. to lower or open the tail gate thereon, or to suffer or permit such tail gate to be lowered or opened, except during the time the vehicle is being loaded or unloaded, and except during the time the load on the vehicle necessitates a lowered or opened tall gate as a support for the load. It shall be the duty of the operator of any such vehicle to see that the tail gate on such vehicle is kept closed or raised, except during the times hereinbefore specified. (10-19-72, § 2) (b) No person shall individually or in association with one or more others wilfully breal,, injure, tamper with or remove any part of any motor vehicle, trailer or semitrailer for the purpose of injuring, defacing or destroying such motor vehicle. trailer or semitrailer or temporarily or permanently preventing its useful operauon, or for any purpose, against the will or without the consent of the owner of such motor vehicle, trailer or semitrailer, nor shall any person in any other manner wilfully or maliciously interfere with or prevent the tutoring or operation of such motor vehicle. trailer or semitrailer. (c) No person shall, without the consent of the owner or person in charge of a motor vehicle, trailer or semitrailer, climb into or upon such motor vehicle, trailer or semitrailer with intent to commit any crime, malicious mischief or injury thereto; or, while a motor vehicle, trailer or semitrailer is at rest and unattcndcd, shall attempt to 10 manipulate any of the levers and starting crank or other device, brakes or mechanism thereof or to set such motor vehicle, trailer or semitrailer in motion, except that the foregoing provision shall not apply when any such act is done in an emergency or in furtherance of public safety or by or under the direction of an officer in the regulation of traffic or the performance of any other offidal duty. (d) Any person violating the provisions oP'this section shall be punished as provided in section -b6~. / - 6 (Code 1967, § 12-6) t- ~ For state law as to injuring, destroying, etc., see Code of Va., § 18.2-146. (Previous § 12-6. Stop siEns: yield deht-of-wav signs is now ~ 12-5.2.) Sec. 12-7 12-6.1 Permits for parades and processions. No athletic contest, race, demonstration, planned gathering or parade, excepting the military forces of the United States P.r=cy c.r Na-~?-, the military forces of the state and police and fire vehicles and personnel, shall occupy, march or proceed along any street, road or highway, except in accordance with a permit issued by the chief of police and such other regulations as are set forth in this chapter which may apply. tCode 1967, § 12-8; 4-13-88) Sec. 12-6.2 Vehicle reauirements. (a) It shall be unlawtktl for any verson to oark. keeo or oermit to be varked or kept any motor vehicle, trailer or semitrailer in or on any oublic highway, street, alley, public easement or other public thoroughfare in the county, or any other area in the county subject to regnlations bv the county, unless: ( 1 ) The motor vehide shall be currently insoected and approved in accordance with the proxasions of the laws of the state: (2~ The vehicle shall be currently reeistered and licensed to be overated uoon the hiehwavs of this state in accordance with the nrovisions of the laws of this state and a valid state license nlate shall be visibly disvlaved: and 11 (3) The vehicle shall be currently licensed to be oDerated upon the hiehwavs and roads of the county in accordance with the laws of the counw, and the county motor vehicle sticker shall be visibly displayed. Sec. 12-8 12-6.3 Putting glass, etc., on highway prohibited. (a) No person shall throw or deposit or cause to be deposited upon any street or highway any glass bottle, glass, nail, tack. wire, can or any other substance likely to injm*e any person or animal or damage any vehide upon such street or tdghway, nor shall any person throw or deposit or cause to be deposited upon any highway any soil, sand. mud. gravel or other substances so as to create a hazard to the traveling public. (b) Any person who drops, or permits to be dropped or thrown, upon any street or highway any destructive, hazardous or iniurious material shall immediately remove the same or cause it to be removed. (c) Any person removing a wrecked or damaged vehide from a street or highway shall remove any glass or other inlurious substance dropped upon the street or highway from such vehicle. provided in s~ction (Code 1967, ~12-10) N For state law a~-to p'Iadng glass, etc.. on public roads, see Code of Va.. § 18.2-324. Sec. 12-6.4. Removal and disposition of abandoned or unattended vehicles. (a) A vehicle shall be deemed abandoned if it lacks a valid license plate, valid county sticker or valid state inspection sticker and the vehicle has been in the same specific location for 48 hours without being, moved. (b) A vehicle shall be deemed unattended if: 1 ) The vehicle is illegally t)arked and the owner or oaerator is not present: or 12 2) The vehide is stopped on a public highway or road, constitutes a traffic hazard and the owner or operator is not present; or 3} The vehide is stovoed on a public highway, public road or private nrooertv without the consent of the property owner, lessee or occupant and the vehide has been in such location for more than 48 hours without being attended by the owner or operator. (c) Police officers or other uniformed personnel designated bv the chief of police may remove or cause to be removed any abandoned or unattended vehicle from nublic highways or roads. (d) Abandoned or unattended vehides left on t)rivate pronertv may be removed or caused to be removed by police officers or other uniformed personnel designated by the chief of police, but only at the written request of the property owner, lessee or occupant. The property owner, lessee or occupant must provide in writing for the indemnification of the county apainst any loss or expense incurred by reason of removal, storage or sale of the abandoned or unattended vehicle. (e) As soon as possible after removal has occurred under subsection (c) or (d), the police department must notify the owner of the vehicle of the vehicle's location and the procedure for the owner to recover the vehicle. State law reference -- for state law as to the authority of the county to adopt this section, see Code of Va. § 46.2-1213. S_ec. 12-7. Emergencies: oarldne restrictions. (al No vehide shall be stooped at or in the vicinity of a fire. vehicle or airplane accident or other area of emergency, in such a manner as to create a traffic hazard o interfere ~vith oolice, fire fig, hters, rescue workers or others whose duty it is to deal with such emergencies. Any vehicle found unlawfully parked in the vicinity of such fire, accident or area of emergency may be removed by order of a police officer or, in the absence of a police officer, by order of the uniformed fire or rescue officer in charge, at the risk and expense of the owner, if such vehide creates a traffic hazard or interferes with the necessary orocedures of oolice, fire fighters, rescue workers or others whose assigned duty it is to deal with such emergencies. The charge for such removal shall not exceed the actual and necessary cost. Vehicles being used by accredited information services, such as press, radio and television, when being used 13 for the ~atherin~ of news, shall be exempt from the provisions of this subsection, except when actually obstructing the police, fire fi.Ehters and rescue workers dealing with such emereencies__ (b) It shah be unlawful for the driver of any vehicle to park such vehicle within five hundred (500) feet of where any fire apparatus has stopped in answer to a fire alarm. This section shall not apply to any division responding to such alarm in the performance of his lawful duties. (.Previous § 12-7 Permits for parades and processions is now ~ 12-6.1. I Sec. 12-8 Authority of fire department officials to direct traffic, etc. (a) While any fire department is in the process of answerine an alarm of fire or extin,guishing a fire and retumint to station, the fire chief or other officer in charee of such fire department at that time shall have the authority to maintain order at the fire or its vicinity, direct the actions of the firemen at the fire, keep bystanders or other persons at a safe distance from the fire and fire eouir)ment, facilitate the speedy movement and operation of fire fiehtine eouir)mem and firemen and until the arrival of a police officer direct and control traffic in person or bv deputy and facilitate the movement of traffic__ (b) The fire chief or other officer in charge shall display his fireman's bac~ge or other identification of authority. Notwithstandine any other r)rovision of law. this anthoritv shall extend to the activation of traffic control sienals desiened to facilitate the safe e~ress and ingress of fire fiehtin~ equipment at a fire station. Any r~erson refusin~ to obey the orders of the fire chief or his deouties or other officer in charee at that time shall, upon conviction thereof, be punished by a fine of not less than ten dollars nor more than one hundred dollars. (Code 1967, § 12-7: zb13-88) For state law as authority of fire department to activate electric traffic control sienals when on duty. see Code of Va.. § 46.1-184(eL (Previous § 12-8 Puttine class. e~.. o;~i~heviT~ ~r;2h.~i~i;iSrkin.~_~elrt2~3r.~stri a~ea/~l 2_5.I Restricted areas--' handicam~ed r~arkine.) 14 Sec. 12.9. Compliance with chapter; penalty for violation of chapter. (a) It shall be unlawful for any person to refuse, fail or neglect to comply with any of the provisions of this chapter or any rule or regulation promulgated pursuant thereto. (b) Every person convicted of a violation of any of the provisions of this chapter or rule or regulation promulgated pursuant thereto, for which no other penalty is provided, shall be guilty of a traffic infraction, punishable by a fine of nor more than one hundred dollars. (Code 1967, § 12-14: 8-11-76; 4-13-88) State law reference--For state law prohibiting county from imposing a penalty for violation of traffic regulations m excess of that imposed for similar offense by the state, see Code of Va., § 46.2-1300. As to state law penalty for violation of motor vehicles and traffic regulations generally, see Code of Va., § 46.2-113. Sec. 12-o°.2.12-9.1. Same--Enforcement of parldng regulations; notice of violations; waiver of trial; contesting charges; penalties. (a) Police officers and other uniformed personnel designated by the chief of police to enforce the parking promsions of this Code shall post a written notice of violation on the windshield of each vehide found illegally parked. Such notice of violation shall state that the recipient of the notice may elect to waive his or her right to appear and be tried for the offense or offenses indicated in the notice. (b) Persons desiring to wmve trial may do so by voluntarily remitting to the office of the director of finance the amount of the fine stipulated for~olation marked on the notice. Such fines shall be levied in accordance~e set forth in subsection (e) of this section. If the required amoun/t/i~/hj;~eceive3'~a'the office of the director of finance or mailed and postmarked ~th!~ ~:orty-eight ~3t~urs after the notice of violation is issued, the amount of the apt~i~me sh~Ol~b~ doubled. (c) Whenever the fines are paid by mail, the responsibilit~pr of the payment by the director of finance shall lie with the registered owner of the vehicle parked in violation. 15 Payment may be made by personal checl<; provided, that if such check is returned for insufficient funds, the vehicle oxvner shall remain liable for the parking violations, and shall likewise be subiect to a sermce charge of twenty-fivc dollars ($25.0020.00) for processing the returned check. (d) Any recipient of a notice of violation desiring to contest the charges cited in the notice shall appear at the office of the director of finance and, on forms provided by the director of finance, file a written request for administrative review and dismissal of the charges. The facts of the request shall be reviewed and commented upon by a representative of the director of finance and a representative of the police department, who shall recommend whether the request shotdd be approved or denied. Acting on such request and recommendation, the director of finance shall decide whether the charge shall be dismissed. The recipient of the notice shall indicate on the request for review whether a hearing in court is demanded in the event the request for dismissal is denied. If the request for review is made within .... y-~s~,~ ~ ~,~j ninety-six (96) hottrs of the violation, the recipient shall have an additional fo~y-~,~,,L ~u~ ninety-six (96) hours after denial of the request to remit the fine, before the amount thereof is doubled. (e) The schedule of fines shall be as follows: Offense Paid before 96 hour~ Parking on Sidewelk 10.00 Blocking Driveway 10.00 Park within 15 feet of fire hydrant 10.00 Park within bus zon~ 10..00 Park in crosswalk 10.00 Double Parking_ 10.00 Parking in Fire Lane 25.00 Parking in loadin~ zen 10.00 Parking in ~rohibited zone 10.00 Overtime parking 5,00 Parking wi.~hil~50 feet of railroad crossing 10,00 - 10.0o Pa'a~i~4~ h~ ~.e--------~ lO.OO Paid a~er 96 hours 20.00 20.00 20.00 20.00 20.00 20.00 50.00 20.00 20.00 10.00 20,00 20.00 20,00 16 Parking where prohibited No County Decal Handicapped Parking 10.00 20.00 25.q0 50.00 100.00 200.00 (f) Any vehide owner who fails to respond to a notice of violation, either by paying the stipulated fines or by filing a request for review or hearing with the director of finance within ten days, shall be subiect to summons and arrest pursuant to section 46.2-941 of the Code of Virginia. State law reference--For state law as to authority of county to adopt this section, see Code of Va. § 46.2-1225. (This section was previously § 12-8.2.~ Sec. 12-9.2. Presumption in prosecution for parking, violations. In any prosecution for a violation of any t~rovision of this article, t>roof that the vehicle described in the citation or summons was in violation of such provision, together with proof that the defendant was, at the time of such violation, the reeistered owner of the vehicle, as required by Chapter 12 of Title 46.2 of the Code of Virginia, shall constitute in evidence a rebuttable presumption that such registered owner was the person who committed the violation which occurred. Sec. 12-9.3. Removal or immobilization of vehicles with outstanding varking violations. (a) Any vehicle parked or stopped on any public hiehwav, public road or public property aeainst which there are three or more unpaid or unsettled parkine violation notices may be removed or immobilized or caused to be removed or immobilized by police officers or other tmiformed personnel desi.e?mted by the chief of police. Such immobilization shall be in a manner which will prevent thc removal or operation of the vehicle except by authorized law enforcement personnel. (b) The police der>artment shall, as soon as possible after the vehicle has been removed or immobilized, notify the owner of such vehicle of the nature and circtmastantces of the prior unsettled or unpaid parldng violation notices. If the vehicle has been immobilized or caused to be immobilized v the law enforcement personnel, such personnel shall place on the vehicle, in a conspicuous manner, a 17 notice warning that the vehide has been immobilized and attempts to move the vehicle could dama,~e it. (c) The owner of an immobilized vehicle, or the owner's at~ent, has twenty- four_(24) hours from the time the vehicle was ilmnobilized to secure the release o~ the vehicle. After that time, police officers or other uniformed oersonnel desitmated by the chief of police may remove or cause.to be removed the vehicle to a storage fadliw. (d) If the owner refuses or fails to pay the outstandinff parldn[ violation notices and the costs, or the owner is not ascertainable after a diligent search by the police department, the finance department shall send notice to last lmown address of the owner and to the holder of any lien of record on the vehicle. The vehicle shall then be subject to the sale provisions of Va. Code § 46.2-~209. State law reference -- for state law as to the authority of the county to adorer this section, see Code of Va. § 46.2-1216 Sec. 12-18. Penalty. Any person convicted of violating any of the provisions of this article shall, upon conviction thereof, be punished by a fine not to exceed twcnty-flvc fifty ($50.00~ dollars for each such offense. (Code 1967, § 12-89) State law reference--For state law establishing maximm~a penalty for violation of snow route regulations, see Code of Va., § 46.2-1302. BE IT FURTHER ORDAINED that this Ordinance shall be effective [ulv 1, 1997. t2-3-12-.WPD 18 Thomas Jefferson Venture P.O. Box 1505 300 East Main Street Charlottesville, Virginia 22902 Phone: (804) 979-7310 Fax: (804) 979-1597 Email: thomasjpdc@ aol.com BYLAWS Adopted June , [997 ARTICLE I Name and Office The name of this organization shall be Thomas Jefferson Venture. hereinafter referred to as the Organization. The princtpal office of the Organization shall be located in the Thomas Jefferson Planning District Commission office at 300 East Main Street, P.O. Box 1505. Charlottesville, Virginia 22902. ARTICLE 1I Member Jurisdictions The Organization shall comprise the representatives, as stipulated below, of the incorporated and unincorporated portions of the City of Charlottesville and the Counties of Albemarle, Fluvanna, Greene. Louisa and Nelson. ARTICLE I11 Purpose The Organization will work to qualify as a "regional partnership" as defined in the Code of Virginia Chapter 26,3 § 15.1-1227, the Regional Competitiveness Act, specifically as defined by any jurisdiction represented in this Organization, provided that the jurisdictional definitions of the Organization's purpose are understood by all other jurisdictions represented in the Orgamzanon. Each jurisdictional definition shall be operable for any Thomas Jefferson Venture actions taker~ within that jurisdiction. The Organization shall develop a regional strategic plan. consistent with local comprehensive plans, assess the area's strengths and weaknesses, including but not limited to issues related to education, housing, transportation and the environment. Further, the Organization will attempt to secure state funding pursuant to the Regional Competitiveness Program to address any such weaknesses enumerated in the regional strategic plan, and to implement plans to enhance the quality of life and continued economic vitality and competitiveness through regional cooperation. ARTICLE IV Members Section 1. Membership Members of the Organization, hereinafter referred to as the Members, shall be appointed by the Thomas Jefferson Planning District Commission from candidates put forward to the Thomas Jefferson Planning District Commission by the local governing bodies of the City of Charlottesville or the Counties of Albemarle, Fluvanna, Greene, Louisa, or Nelson. Members shall be chosen from area leaders representing business and industry, neighborhood associations. affordable housing, transportation, tourism, agriculture and forestry, historic preservation, environmental concerns, primary and secondary education, and local civic associations. Each Member shall hold office for the term of 2 years or until his or her successor is named. Section 2. Ex-Officio Members Ex-Officio Members shall include (i) the trtayor.or board chair of each member locality: (ill the chief admin:istrative ol:ficer of each member locality; (iii) commissioners of the Thomag Jefferson Plann ng District ...... Commission-m..t v) __....Preside ~t of. each. institut· o~. of:h g.her., education . in the reg~o ~ . Each. Ex,Officio Member'shall .qerve for'~{~.'~so long a.~ he or ~he shall remain in his or her respective office. Section 3. Powers The affifi'rs and busiuess of the Organization shall be managed by the ~'lembers and Ex-Officio Members. ~xcept as otherwise expres!ly provided by law;. or thcse Bsqaws, all. the powers of the Organization shall be vested in such members. Section 4. Removal from Membership Any Member may be removed from the Organization by an affirmative Yore 0[' the maJority of the local govcming body that appointed'the Member, by a simple majori~: Of the Membe~.-s. and Ex- Officio Members whenever in their jt~dgement the best interests of the Organizalion will be served thereby, Or by being absent from. three consecutive meetings 5vitb no advance riotice to. Thomas Jefferson .Venture smfl', chair or vice-chair. Ansj vacancy created by .,such removal will be filled by appomm~ent as described above in A~ticle IV, Section,l of'these bylaws. ARTICLE V Meetings Section 1. Regular Meetings Dates and times of the meetthgs will be set by thc voting mcmbers. Reasonable notice of meetings will be sent to the meitia in the region. Section 2. ~pecial Meetings The Chair or Vice-Chair of the Organization may call special meetings of the Organization provided written notice is provided to all voting members and is postmarked at least 7 days in advance of such meeting. Section 3. Quomm One-third of the voting members of the Organization shall constitute a quorum for all meetings of the Organization. A quorum, once established, shall role until a meeting is adjourned. Section 4. Voting Each Member and Ex,Officio Member of the Organizanon shall be entitted to'one vote. To the extent possible, the Organization wi use consensus-bui ding methods tO reach conclusions.'When voting is necessary, all actkms takcn by the Orga rizatio i shall require a majority i, ote. of those members present and votthg. A vote may be requested at any mee!ing by.any Member'or Officio Member for any tssue. Section 5. Committee in Lieu of a Quorum In the event of a lack of a quorum, the members present may constitute themselves as a Committee and make recommendations for consideration at the next regular meeting or special meeting. ARTICLE VI Officers and Duties Section 1. Officers The Chair and Vice-Chair of the Organization shall be elected by the members of the Organization following nomination of individuals to those offices. Terms of office 4hall be for 1 year or until a successor be elected or qualify. The Secretary of the Organization may be a staff person and nor a Member or Ex-Officio Member of the Organization. Section 2. Duties of the Chair of the Organization The Chair of the Organization shall preside at all meetings of the Organization when present. The Chair shall supervise all business and affairs of the Organization; shall execute all legal instruments in the name of the Organization when authorized by the voting members; and shall perform such duties incident to the office and as may from time to time be assigned by the voting members. The Chair of the Organization shall be mr ex-officio non-voting member of all committees of the Organization. Section 3. Duties of the Vice-Chair of the Organization The Vice-Chair shall, in the absence of the Chair for whatever reason, perform such duties and possess such powers as are conferred upon the Chair and shall from time to time perform such other duties as ma.v be assigned by the Chair or the voting members. Section 4. Vacancies A vacancy in either office shall be. filled fbr. thc unexp!red portion of the term in the manner as described above in Article VI, Section [ o.f these bylaws. ARTICLE VII Committees The voting members may establish such committees as it shall deem necessary to carry out the purposes of this Organization. When establishing such committees, the Orgamzation shall in writing articulate the charge, scope of work, and any delegated authority to such committees. Activities beyond the scope of work outlined in the original charge of a committee shall be approved by the full membership of the Organization prior to execution of such activities. ARTICLE Vlff Records Section 1. Minutes of Meetings Section 2. Records on File The Organization shall keep a copy of the following records: (a) The Organization's Bylaws or restated Bylaws and all amendments to them currently m effect; (b) A list of the names and addresses of the Organization's current members and officers; (c) Resolutions passed by each member locality. ARTICLE IX Finances Section 1. Funding Formula The funding fbrmula for the Organization shall be approved annually by resolution by all member localities. Section 2. Fiscal Year The fiscal year of the Organization shall begin on July 1 and end on June 30 of each year. Section 3. Accounting Records Appropriate accounting records will be maintained by the Thomas Jefferson Plamfing Districl Commission. Such records shall.be audited annually. . ARTICLE X Amendment of Bylaws These Bylaws may be amended or altered at any meeting of the Organization by a resolution adopted by at least a simple majority of the voting members present and voting. Notice of all ~r~o~ amendments must be mailed or delivered to Members and Ex-Officio Members of the Organization at least ten (I 0) days prior to such meeting. ARTICLE XI Procedures In all matters of parliamentary procedure not specifically governed by these bylaws, Roberts' Rules of Order shall apply. BOARD OF SUPERVISORS 05-0g-g?A0g: 1~o RCVD DRAFT: M~y 7, 'I @@7 ORDINANCE NO. AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 12. MOTOR VEHICLES AND TRAFFIC, ARTICLE 1, IN GENERAL, OF I'HE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED By the Board of Supervisors of the County of Albemarle. Virginia. that Chapter 12, Motor Vehicles and Traffic, Article I, In General, is hereby amended and reordained as follows: By Amending: Section 12-1 Section 12-18 By Renumbering: Section 12-5 Section 12-6 Section 12-7 Section 12-8 By Renumbering and Amending: Section 12-3 Section 12-4 Adoption of state law. Penalty Authority of fire department offldals to direct traffic, etc. Stop signs; yield right-of-way s~gns. Permits for parades and processions. Putting glass, etc., on highway prohibited. Tail gates on vehicles. Injuring, tampering or interfering generally with vehicles. By Adding New: Section 12-8.1 Section 12-8.2 Section 12-3 Section 12-4 Section 12-5 Section 12-5.3 Section 12-5.4 Section 12-5.5 Section 12-6 Section 12-6.2 Section 12-6.4 Section 12-7 Section 12-8 Section 12-9.2 Parking-Certain restricted areas. Same-Enforcement of parking regulations: notice of violations: waiver of trial; contesting charges; penalties. General Prohibitions. Restricted parking on county-owned property. Stopping or parking; generally. Parking on private property. Parking or standing in fire lanes. Regulated parking areas; parking meters. Vehicles: generally. Vehicle requirements. Removal and disposition of abandoned or unattended vehicles. Emergencms; parking restrictions. Authority of fire department officials to direct traffic, etc. Presumption in prosecution for parking violations, 2 Sec. 12-1. Adoption of state law. Pursuant to the authority of Tide 46.2-1313 of the Code of Virginia, as amended, all of the provisions and requirements of the laws of the commonwealth contained in Title 46.2, Article 9 of chaoter 11 of title 16.1, and Artide 2 of Chapter 7 of Title 18.2 of the Code of Virgqnia. as m force on .......... ~u, July 1, 1997, and as amended from that date and in the future, except those provisions and requirements the violation of which constitutes a felony, and except those provisions and requirements which by their very nature can have no application to or within the county, are hereby adopted and incorporated in this chapter by reference and made applicable within the counw. References to "highways of the state" contained in such provisions and requirements hereby adopted shall be deemed to refer to the streets. highways and other public ways within the county. Such provisions and requirements are hereby adopted, mutatis mutandis, and made a part of this chapter as fully as though set forth at length herein, and it shall be unlawful for any person, within the county, to violate or fail. neglect or refuse to comply with any provision of Title 46.2, Article 9 of chapter 11 of title 16.1, or Article 2 of Chapter 7 of Tide 18.2 of the Code of Virgima which is adopted by this section; provided, that in no event shall the penalty imposed for the violation of any provision or requirement hereby adopted exceed the penalty imposed for a similar offense under Tide 46.2. Article 9 of chapter I1 of title 16.1, or Article 2 of Chapter 7 of Tide 18.2 of the Code of Virginia. (10-19-72. § 3: 10-9-74: 4-13-88: Ord. of 3-14-90: Ord. of 6-5-91) Sec. 12-3. General Prohibitions. la) It shall be urdawflfl for any person to vark or stov a vehicle, excevt when necessary to avoid traffic or with the directions of a Police officer or traffic-control device, in any of the followinv locations: (1) On any sidewalk, (2) In or in front of any driveway so as to block the use of such driveway to others. (3) Within fifteen (15) feet of any fire hydrant. (4) Any closer to a comer than is indicated bv siens or marks uoon the road or curb. (5) Within any bus zone. as indicated by siwns or mm'ks uvon the road or curb. (6) Within a marked crosswalk. (7) Abreast of another vehicle uarallel to a curb (double t)arkine). (8) Within any loadin~ zomn~, as indicated bv sirras or marks upon the road or curb. (9) Within any zone indicated bv sirras or marks upon the road or curb as a no Darkine zone. (10/ At any location for a longer time than ~s permissible bv signs or marks upon the road or curb (overtime Darldng). ( 11 ) In any fire lane marked or indicated as such. permissive. (13) Within fifty (50) feet of the nearest rail of a railroad ~ade crossing. (14) Alontside or ol~Dosite any street excavation or obstruction, when sucl3 Darkine_ would obstruct traffic. (15) Upon any bridge or other elevated structure on a hit~hwav or within a tunnel. (16) At any Dlace where official sirras prohibit parking. (b) Law-enforcement offi[ers may move or cause to be moved motor vehicles to any place they may deem exvedient without regard to the provisions of this section, when in the performance of their lawful duties. State law reference -- for state law as to the authority of the county to adopt this section, see Code of Va. § 46.2-1220. (Previous t 12-3 Tail eates on vehicles is now t 12-6 Vehides: venerailv./ Sec. 12-4. Restricted I)arkin~ on counw-owned DroDertv. (al The county executive is authorized to desitmare specific areas on county- owned prol0ertv to be restricted mrldn~ zones. The counw executive shall desienate the types of motor vehicles which may be oermitted to Dark in the restricted zones and the time. place and manner in which such vehicles may be Permitted to Dark in the restricted Darl<in~ zones. The counw executive shall make such rules and reeulations as parldng conditions may reouire in the restricted parking zones and under the varvint conditions that may exist at different times. It shall be the duW of the counW executive, upon the adoption of such regulations but before the same shall become effective, to qive public notice thereof by establishing and Dostine sirras or by other means which may be reasonably adeouate to readiNr inform the operators of vehicles in restricted Darl<ine zones of the existence, nature and reouirements of such reeulations. 4 (b) It shall be unlawful for any oerson to park or stoo a motor vehicle of a tvoe or in a manner which violates the orovisions of any rule or regulation restrictine the varldne of motor vehicles on cormtv-o~vned property adopted and oromul~ated in accordance with this section. State law reference -- for state law as to the authority of the conntv to adoor this section, see Code of Va. § 46.2-1221. lPrevious § 12-4 Injuring. tampering or interferin~ generally with vehides is now § 12-6 Vehides: generally. } Sec. 12-5. Stopping or harking; eenerallv. (a) No person shall stop a vehicle in such a manner as to impede or render dangerous the use of highways or county roads bv others, exceot in the case of an emergency, an accident, or mechanical breakdown. In the event of any such emergency, accident or breakdown, the emergency flashing lights of such vehicle shall be turned on. if the vehicle is eauivved with such lights and such lights are ooeratint~. A ret)orr of the vehicle's location shall be made to the nearest police officer as soon as practical. The vehicle shall be moved to the shoulder as soon as possible and then removed from t_he shoulder without urmecessarv delay. If such vehicle is no~ oromptlv removed, removal may be ordered by a police officer, at the expense of the owner: if such vehicle creates a traffic hazard__ For state law as to stooping on highways, see Code of Va. § 46.2-888. (b) The provisions of subsection (al shall not am)lv to any vehicle owned or controlled by the Virginia Department of Highways and Transportation or the county, while actually en~a~ed in the construction, reconstruction or maintenance of highways and roads. For state law as to exceptions for certain vehicles, see Code of Va. § 46.2-89 I. (c) No oerson having control or charge of a motor vehicle shall allow such vehicle to stand on any highway unattended, without first effectively setting the emergency or varldnv brake thereon, stovvine the motor and turning the front wheels into the curb or side of the roadway. (d) The operator of a motor vehide, trailer or semitrailer, when temDoratilv stopped on the traveled or paved portion of a hiahwav so as to create a traffic hazard, shall flash all four (4) turn signals simultaneously to sitmal avvroachine motorists of 5 the existine hazard, whenever such vehide is equiDoed with a device which will cause the four (4) turn signals to flash simultaneously. (e) No truck or bus. except a school bus, shall be stovped wholly or oartiallv on the traveled vortion of any highway in the county outside of a town for the pumose of taldne on or dischargine cargo or vassengers, unless the operator cannot leave the traveled oortion of a highway with safety. A school bus may be stopped on the traveled nortion of a highway when taldn~ on or discharging school children, but such stops shall be made only at points where the bus can be dearly seen for a safe distance from both directions__ For state law as to stom)ing on hiehwavs, see Code of Va. § 46.2-893. (Previous § 12-5 Authority of fire department officials to direct traffic, etc. is now § 12-8.1.) Sec. ~ ~ o ~ 12-5.1. n~_~.:__ t~..,~:_ ~Restricted areas -- handicat~Ded parldnm (a) It shall be unlawflfl for a vehicle not displaying a disabled parking license plates, dc .....i- .... ~' ...... s g ....... an organizational removable windshield placard, a permanent removable windshidd vlacard, or a temoorarv removable windshield vlacard issued under section 46 2-1241 ........ of the Code of Virginia, or DV disabled narMng license vlates issued under subsection B of §46.2-739__ to parked__ in a parking space reserved for persons ~vith disabilities that limit or imoair their ability to walk or for a verson who is not limited or impaired in his ability to walk to turk a vehicle in a narking snace so desitmated except when transpoNing a oerson with such a disability in the vehicle, thc capped o. ~,,~b (b) Any person violating this section may be issued a summons without the necessity of a warrant being obtained by the owner of such privately owned parking area. ~^'~-~ ~ ...... ~--'~'~*:~- P fth th hi 1 d ib di th ......................... roo at eve ce escr e n ecomnlaint, summons, parking ticket, citation, or warrant was ~arked in violation of this section or the ordinance, together with proof that the defendant was at the time the registered owner of the vehicle, as required bv §46.2-600 et seq. of the Code of 6 Virginia. shall constitute prima fade evidence that the reeistered owner of the vehicle was the t)erson who committed the violation. (d) No violation of this section shah be dismissed for a property owner's failure to comt)lv strictly with the requirements for disabled t)arkine sirras set forth in §36-99.11 of the Code of Vireinia provided the st)ace is dearly distinguishable as a t)arkine st)ace reserved for persons with disabilities that limit or impair their ability to wall,. (e) Any person who creates a counterfeit or unauthorized replica of a disabled parkine license plate. DV disabled t)arkint, license olate which has been issued under subsection B of fi46.2-739 of the Code of Virtdnia. oreanizational removable windshield placard, permanent removable windshield t)lacard, or temt)orarv removable windshield placard, shall be tmiltv of a Class 2 misdemeanor. (f) Any t)erson who displays a counterfeit or unauthorized replica of a disabled parking license plate. DV disabled oarkine license plate which has been issued under subsection B of §46.2-739 of the Code of Vireinia. organizational removable windshield placard, t)ermanent removable ~vindshield ~lacard. or temoorarv removable windshield placard and oarlcs in a disabled t)arkint~ space or attemots to use the parking privileges afforded bv §46.2-1245 of the Code of Vireinia. shah be kmiltv of a Class 2 misdemeanor. (,~) Any person who alters a disabled varkine license plate. DV disabled parking license plate which has been issued under subsection B of ~ 46.2-739 of the Code of Vireinia, oreanizational removable windshield placard, permanent removable windshield placard, or temporary removable windshield placard shall be euilw of a Class 2 misdemeanor. (h) Any person who parks in a space reserved for persons with disabilities that limit or impair their abiliw to walk or attemots to use the t)arlcine t)rivileees afforded by §46.2-1245 of the Code of Virginia and displays a disabled parking license plate, DV disabled parkinq license plate which has been issued under subsection B of §46.2,739 of the Code of Virtrinia. oreanizational removable windshield placard, permanent removable windshield placard, or temporary removable windshield olacard which has been issued to another t)ersom and is not transvortine a oerson with a disabiliW which limits or impairs his ability to walk. shall be guilty of a Class 2 misdemeanor. 7 (i) Any Person who makes a false statement of material fact to obtain or assist an individual in obtaining a disabled parking license plate, DV disabled parkin~ license Dlate which has been issued under subsection B of ,~ 46.2-739 of the Code of Virginia. org, anizationai removable windshield Dlacard. permanent removable windshield placard, or temporary removable windshield placard shall be guilW of a Class 2 misdemeanor. (j) Any verson who sells or exchanges for consideration any valid, altered, or counterfeit disabled parking license plate, DV disabled parkinE license vlate which has been issued under subsection B of §46.2-739 of the Code of Virginia, organizational removable windshield placard, vermanent removable windshield placard, or temoorarv removable ~vindshield vlacard shall be guilty of a Class 2 misdemeanor. (k) Any person who knowingly provides to another person, without sale or exchange of consideration, any valid, altered, or counterfeit disabled parldng license plate, DV disabled parking license olate which has been issued under subsection B of §46.2-739 of the Code of Virginia, permanent removable windshield t)lacard. temporary removable windshield t)lacard, or organizational removable windshield placard, shall be guilty of a Class 3 misdemeanor. (1) Parking a vehide in a parking space reserved for persons with disabilities in violation of this ordinance shall be punishable by a fine of not less than $100.00 nor more than $500.00__ State law reference--for state law as to authority of county to adopt this section, see Code of Va., § 46.2-1237. Sec. 12-6. 12-5.2__ Stop signs; yield, right-of-way signs. The county executive, or his designated agent, shall have the power to desig- nate intersections at which vehides shall come to a full stop or yield the right-of-way; provided, that nothing herein shall be construed as authorizing the county executive to so designate any intersection within the Town of Scottsville. (12-19-74) Sec. 12-5.3. Parkin~ on t)rivate oroperty. No person shall stand or ~ark a vehicle on any private lot or lot area without the express or implied consent of the owner thereof. Whenever si..~ns or markings have been erected on any lot or lot area, conti~uous or adiacent to a street, road, hiehwav or alley, indicatin~ that no vehicles are permitted to stand or park thereon, it shall be unlawful for any person to stop, stand or Dark any vehicle in such lot or lot area. or to drive a vehicle across any curb or lot line or over any driveway from a street, road. alley or highway into such lot or lot area for the purpose of standin~ or parkinv such vehicle. Sec. 12-5,4. Parking or standin~ in fire lanes. (al It shall be unlawful for any verson to Dark or stand a vehicle in any desitmated and marked fire lane. except as follows: Fire lanes within commerdal or school vroDerties, or within residential or industrial lanes, may be used for temt)orarv StODDine to Dick ut) or discharee nasseneers or SuDDlies: provided that a vehicle shah be so stopped parallel and immediately adjacent to the curb and a licensed operator shall OCCUPY and be in control of the vehicle while it is so stooped. (b) The placement of a vehicle, for any pu~ose, within a fire lane t)eroendictdar to the curb or edee ss Drohibited~ (c) Any police officer or the fire marshal or his authorized representatives who finds any vehicle in violation of this section shall have the authoriw to remove such vehicle at the owner's risk and exoense. This authority shall extend to any fire or rescue officer in charge of a fire or rescue operation who finds any such violation to be interferin.~ with such emereencv operations. (d) The county Dotice or the fire marshal or his authorized representatives are authorized to enter any fire lane for the purpose of enforcin~ the provisions of this section__ (e) No nrovision of this section shall apply to fire, rescue or police vehicles while they are involved in emergency operations. 9 Sec. 12-5.5. Reeulated harking areas; parking meters ia) The Board of Suoervisors shall have the authoriw to direct the county executive to order and arrange for the installation and maintenance of parkin~ meters at sites desitmated by the Board. The Board shall by resolution set the prices and time limits for ~arking in the areas requlated by such parking meters. (b) Members of the volice der)artment and any other county versonnel desitmated by the volice chief shall enforce the restrictions and retmlations set by the Board reeardine parking meters: Such enforcement shall be in compliance with Section 12-9.1 of this Code__ State law reference -- for state law as to the authority of the county to adovr this section, see Code of Va. 8 46.2-1220. Sec. o 9 1 ~ ~. Tall gatc; cm vch~clcs 12-6. Vehicles; ~enerallv. (a) It shall be unlawful for the operator of any truck, trailer or other vehicle equipped with a tail gate, to lower or open the tail gate thereon, or to suffer or permit such tail gate to be lowered or opened, except dttring the time the vehide is being loaded or unloaded, and except during the time the load on the vehide necessitates a lowered or opened tail gate as a support for the load. It shall be the duty of the operator of any such vehide to see that the tail gate on such vehide is kept dosed or raised, except during the times hereinbefore specified. ( I0-19-72, § 2) (b) No person shall individually or in association with one or more others wllfully break, injure, tamper with or remove any part of any motor vehicle, trailer or semitrailer for the purpose of injuring, defacing or destroying such motor vehicle, trailer ox semitrailer or temporarily or permanently preventing its useful operation, or for any purpose, against the will or without the consent of the owner of such motor vehicle, trailer or semitrailer_ nor shall any person in any other mariner wilfully or maliciously inzerfere with or prevent the running or operation of such motor vehide, trailer or semitrailer. tc) No person shall, without the consent of the owner or person in charge of a motor vehicle, trailer or semitrailer, dimb into or upon such motor vehide, trailer or semitrailer with intent to commit any crime, malicious mischief or injmy thereto: or, while a motor vehicle, trailer or semitrailer is at rest and ........... d. shall attempt to 10 manipulate any of the levers and starting crank or other device, brakes or mechanism thereof or to set such motor vehicle_ trailer or semitrailer in motion, except that the foregoing provision shall not apply when any such act is done in an emergency or in ftrrtherance of public safety or by or under the direction of an officer in the regulation of traffic or the performance of any other official duty. (d) Any person violating the provisions of this section shall be punished as provided in section 1-6 12-9.1. _ (Code 1967, § 12-6) For state law as to injuring, destroying, etc., see Code of Va., § 18.2-146. (Previous § 12-6. Stop signs: yield right-of-way signs is now § 12-5.2.) Sec. 12-7 12-6.1 Permits for parades and processions. No athletic contest, race, demonstration, planned gathering or parade, excepting the military forces of the United States ~-;r.:y c,r x~ ..... .... y, the military forces of the state and police and fire vehicles and personnel, shall occupy, march or proceed along any street, road or highway, except in accordance with a permit issued by the chief of police and such other regulations as are set forth in this chapter which may apply. (Code 1967. § 12-8; 4-13-88) Sec. 12-6.2 Vehide reauirements. (a) It shall be tmlawful for any person to Dark. keep or permit to be parked or kept any motor vehicle, trailer or semitrailer in or on any public highway, street, alley, public easement or other public thoroughfare in the counW, or any other area in the counw subject to regulations by the counW, utzless: ( 1 ) The motor vehicle shall be cttrrentlv insoected and anoroved in accordance with the provisions of the laws of the state: (2) The vehicle shall be cttrrentlv reeistered and licensed to be operated ut)on the highways of this state in accordance with the provisions of the laws of this state and a valid state license plate shall be visibly displayed: an 11 (3~ The vehide shall be currently licensed to be operated upon the highways and roads of the county in accordance with the laws of the county, and the county motor vehicle sticker shall be visibly displayed. Sec. 12-8 12-6.3 Putting glass, etc., on highway prohibited. (a) No person shall throw or deposit or cause to be deposited upon any street or highway any glass bottle, glass, nail, tack. wire, can or any other substance likely to injure any person or animal or damage any vehicle upon such street or highway, nor shall any person throw or deposit or cause to be deposited upon any highway any soil. sand. mud, gravel or other substances so as to create a hazard to the traveling public. (b) Any person who drops, or permits to be dropped or thrown, upon any street or highway any destructive, hazardous or injurious material shall immediately remove the same or cause it to be removed. (c) Any person removing a wrecked or damaged vehicle from a street or highway shall remove any glass or other injurious substance dropped upon the street or highway from such vehicle. (d) Any person violating the provisions of this section shall be punished as provided in section 12-9.1. (Code 1967, § 12-i0) For state law as to placing glass, etc., on public roads, see Code of Va., § 18.2-324. Sec. 12-6.4. Removal and disposition of abandoned or tmattended vehicles. (al A vehicle shall be deemed abandoned if it lades a valid license plate, valid county stid<er or valid state inspection sticker and the vehicle has been in the same specific location for 48 hours without being moved. (b) Avehicle shall be deemed unattended iff 1 ) The vehicle is illegally varked and the owner or overator is not present: or 12 2) The vehicle is stopped on a public highway or road, constitutes a traffic hazard and the owner or operator is not present; or 3) The vehide is stormed on a public highway, public road or private Drot)ertv without the consent of the property owner, lessee or occupant and the vehicle has been in such location for more than 48 hours without being attended by the owner or operator. (c) Police officers or other uniformed personnel designated by the chief of police may remove or cause to be removed any abandoned or unattended vehicle from public highways or roads. (d} Abandoned or unattended vehides left on private property may be removed or caused to be removed by volice officers or other uniformed personnel designated by the chief of police, but only at the written request of the property owner, lessee or occupant. The property owner, lessee or occm~ant must provide in writing for the indemnification of the county against any loss or expense incurred by reason of removal, storate or sale of the abandoned or unattended vehide. (e) As soon as possible after removal has occurred under subsection (c) or (d), the police department must notify the owner of the vehicle of the vehicle's location and the procedure for the owner to recover the vehicle. State law reference -- for state law as to the authority of the conntV to adopt this section, see Code of Va. § 46.2-1213. Sec. 12-7. Emergencies; parking restrictions. (a) No vehicle shall be stomped at or in the vicinity of a fire. vehicle or airplane accident or other area of emergency, in such a manner as to create a traffic hazard or interfere with volice, fire fighters, rescue workers or others whose duty it is to deal with such emergencies. Any vehide found unlawfully parked in the vicinity of such fire. acddent or area of emer!encv may be removed bv order of a police officer or, in the absence of a police officer, bv order of the uniformed fire or rescue officer in charge, at the risk and expense of the owner, if such vehicle creates a traffic hazard or interferes with the necessary ~rocedures of ~olice. fire fighters, rescue workers or others whose assigned duty it is to deal with such emergencies. The charge for such removal shall not exceed the actual and necessary cost. Vehicles being used by accredited information services, such as press, radio and television, when being used 13 for the gatherini of news. shall be exempt from the provisions of this subsection, except when actually obstructine the police fire fifhters and rescue workers dealine with such emergencms. (b) It shall be unlawful for the driver of any vehide to park such vehicle within five hundred (500} feet of where any fire apparatus has stopped in answer to a fire alarm. This section shah not avolv to any division responding to such alarm in the performance of his lawful duties. (Previous § 12-7 Permits for parades and processioBs is now § 12-6.1. ) Sec. 12-8 Authority of fire department officials to direct.traffic, etc. {a~ While any fire department is in the process of answering an alarm of fire or extinguishing a fire and returning to station, the fire chief or other officer in charge of such fire department at that time shall have the authoriw to maintain order at the fire or its viciniW, direct the actions of the firemen at the fire, keep bystanders or other persons at a safe distance from the fire and fire equipment, facilitate the speedy movement and operation of fire fighting equipment and firemen and until the arrival of a police officer, direct and control traffic in person or by deputy and facilitate the movement of traffic. (b) The fire chief or other officer in charge shall display his fireman s badge or other identification of authority. Notwithstanding any other provision of law this anthoritv shall extend to the activation of traffic control signals designed to facilitate the safe e~ress and ingress of fire fighting e0uipment at a fire station. Any person refusine to obey the orders of the fire chief or his deputies or other officer in charge at that time shall, upon conviction thereof, be punished by a fine of not less than ten dollars nor more than one hundred dollars. 'Code 1967 § 12-7 4-13-88) For state law as anthoritv of fire department to activate electric traffic control sienats when on duty, see Code of Va.. § 46.1-184(el. (Previous § 12-8 Putting ~lass, etc., on highway prohibited is now 5 12-6.3.~ {Previous 5 12-8.1. Parking-Certain restrict areas I snow § 12-5.1 Restricted areas -- handicapped parking.) 14 Sec. 12.9. Compliance with chapter; penalty for violation of chapter. (a) It shall be unlawful for any person to refuse, fail or neglect to comply with any of the provisions of this chapter or any role or regulation promulgated pursuant thereto. (b) Every person convicted of a violation of any of the provisions of this chapter or rule or regulation promulgated pursuant thereto, for which no other penalty is provided, shall be guilty of a traffic infraction, punishable by a fine of not more than one hundred dollars. (Code 1967, § 12-14; 8-11-76; 4-13-88) State law reference--For state law prohibiting county from imposing a penalty for violation of traffic regulations in excess of that imposed for similar offense by the state, see Code of Va.. § 46.2-1300. As to state law penalty for violation of motor vehicles and traffic regulations generally, see Code of Va., § 46.2-113 Sec.~' °-u~°.". 12-9.1. Same--Enforcement of parldng regulations; notice of violations; waiver of trial; contesting charges; penalties. (a) Police officers and other uniformed personnel designated by the chief of police to enforce the parldng provisions of this Code shall post a written notice of violation on the windshield of each vehicle found illegally parked. Such notice of violation shall state that the recipient of the notice may elect ro waive his or her right to appear and be tried for the offense or offenses indicated in the notice. (b) Persons desiring to waive trial may do so by voltmtarily remitting to the office of the director of finance the amount of the fine stipulated for each violation marked on the notice. Such fines shall be levied in accordance with the schedule set forth in subsection Ie) of this section. If the required amount is not received in the office of the director of finance or mailed and postmarked within forty-eight hours after the notice of violation is issued, the amount of the applicable fine shall be doubled. (c) Whenever the fines are paid by mail. the responsibility for receipt of the payment by the director of finance shall lie with the registered owner of the vehicle parked in violation. 15 Payment may be made by personal chedc: provided, that if such check is returned for insufficient funds, the vehicle owner shall remain liable for the parking violations, and shall likewise be subject to a service charge of twenty Pv¢c dollars ($25.00 20.00) for processing the returned check. (d) Any recipient of a notice of violation desiring to contest the charges cited in the notice shall appear at the office of the director of finance and, on forms provided by the director of finance, file a ~vritten request for administrative review and dismissal of the charges. The fac~ s of the request shall be reviewed and conm~ented upon by a representative of the director of finance and a representative of the police department, who shall recommend whether the request should be approved or denied. Acting on such request and recommendation, the director of finance shall decide whether the charge shall be dismissed. The recipient of the notice shall indicate on the request for review whether a hearing in court is demanded in the event the request for dismissal is denied. If the request for review is made within ~ ninety-six (96) hours of the violation, the recipient shall have an additional .... y-.%.,~ t .vj mnetv-sLx (96) hours after denial of the request to remit the fine. before the amount thereof is doubled. (e) The schedule of fines shall be as follows: Offense_ Paid before 48 hours Paid a~ter 48 hour Parl~ng on Sidewalk 10.00 20.00 Blocking Driveway 10.00 20.00 Park within 15 fee~ of fzre hvdran~ 10.00 20.00 Park withiq bus zon~e 10.00 20.00 Park in crosswalk 10.00 20.00 Double Parkinz 10.00 20.00 Parldng in Fire Lane 25.00 50.00_ Parkin~ in loadin~ zone 10.00 2000 Parking. m urohibited zen lO.0q 20.00_ Overtime ~arkin~ 5.00 10.00 Parking within 50 feet of railroad crossin~ 10.00 20.00_ Parking alongside or ov~osite street 10.00~ 20.00 obstruction or excavation Parkin~ on brid~e 20.00_ 10.00 16 Parki~*¢ where prohibited No County Deca~ Handicapped Parking 10.00 20.00 25.00 50.00 100.00 200,00 (f) Any vehicle owner who fails to respond to a notice of violation, either by paying the stipulated fines or by f'rling a request for review or hearing with the director of finance within ten days, shall be subject to summons and arrest pursuant to section 46.2-941 of the Code of Virginia. State law reference--For state law as to authority of county to adopt this section, see Code of Va. § 46.2-1225. ('This section was previously § 12-8.2.) Sec. 12-9.2. Presumption in prosecution for parldnE violations. In any prosecution for a violation of any vrovision of this article, proof that the vehicle described in the citation or summons was in violation of such t)rovision. to~ether with proof that the defendant was, at the time of such violation, the registered owner of the vehicle, as required bv chanter 12 of tide 46.2 of the Code of Virginia, shall constitute in evidence a rebuttable presumt)tion that such reeistered owner was the person who conm~itted the violation which occtu~red. Sec. 12-9.3. Removal or immobilization of vehicles with outstandine t)arldne violations. (a) AnY vehicle parked or stopped on any Dublic hiehwav, t)ublic road or public l~ropertv against which there are three or more unr)aid or unsettled t)arkine violation notices may be removed or immobilized or caused to be removed or immobilized by police officers or other uniformed uersonnel desitmated bv the chief of police, Such immobilization shall be in a manner which will t)revent the removal or operation of the vehicle except by authorized law enforcement personnel, (b) The police de~)artment shall, as soon as ~ossible after the vehicle has been removed or immobilized, notify the owner of such vehide of the nature and circumstances of the prior unsettled or unpaid parkin~ violation notices. If the vehicle has been immobilized or caused to be immobilized by the law enforcement personnel, such personnel shall place on the vehicle, in a conspicuous manner, a 17 notice warning that the vehicle has been immobilized and attempts to move the vehide could damage it. (c) The owner of an immobilized vehicle, or the owner's a~ent, has twenw- four (24) hours from the time the vehicle was ilmnobilized to secure the release of the vehicle. After that time. police officers or other uniformed personnel desi.~nated by the chief of police may remove or cause to be removed the vehide to a storage faciliw__ (d) If the owner refuses or fails to pay the outstanding parkint violation notices and the costs, or the owner is not ascertainable after a diligent search by the police department, the finance department shall send notice to last known address of the owner and to the holder of any lien of record on the vehicle. The vehicle shall then be sub!ect to the sale provisions of Va. Code § 46.2-1209. State law reference -- for state law as to the authoriW of the county to adopt this sec ion, see Code of Va. § 46.2-1216. Sec. 12-18. Penalty. Any person convicted of violating any of the provisions of this article shall, upon conviction thereof; be ptmished by a fine not to exceed twca*c?-f~-¢e fifty ($50.00) dollars for each such offense. (Code 1967. § 12-89) State law reference--For state law establishing mauximum penalty for violation of snow route regulations, see Code of Va., § 46.2-1302. BE IT FURTHER ORDAINED that this Ordinance shall be effective lul 1. 1997. 12-3.I2-.WPD 18 COUNTY OF ALBEMARLEB©ARD OF SfJP] RV/SOR$  03-28-97A08:47 RCVD EXECUTIVE SUMMARY AGENDA TITLE: Amendment to Chapter 12, Motor Vehicles and Traffic Ordinance SUBJECT/PROPOSAL/REQUEST: Request to advertise for a public hearing to amend and reordaln Chapter 12, Motor Vehicles and Traffic, Article I, in General, of the Code of the County of Albemarle, Va. STAFF CONTACT(S): Messrs. Tucker, Huff, Miller BACKGROUND: AGENDA DATE: April 2, 1997 ACTION: CONSENTAGENDA: ACTION: X ITEM NUMBER: INFORMATION: INFORMATION: ATTACHMENTS: REVIEWED BY: Amendments to Chapter 12 of the County Code would expand and clarify the parking rules and regulations of the County. The ordinance grants police officers expanded authority to issue parking tickets and fire marshals authority to enforce fire lane violations. DISCUSSION: Police officers currently are limited in their authority to issue parking tickets county-wide. Officers can issue parking tickets for only a "No County Decal" or "Parking in Handicapped Parking Space" and "Fire Lane Violations." Albemarle County requested and received authority from the General Assembly in 1995 to grant expanded authority for issuing of parking tickets. The ordinance expands the type ofviolations where officers may issue parking tickets. Currently officers are required to have a driver sign a traffic summons before enforcement action can be taken for routine parking violations (other than those offenses listed above). This is labor intensive since officers must try and locate or wait for a driver who is illegally parked. Granting officers the authority to issue parking tickets will allow officers to take enfomement actions for parking violations more quickly and efficiently by placing the violation notice on the vehicle. Officers would be granted the authority to enforce such items as: parking on any sidewalk; parking in front of a driveway; double parking; parking in a loading zone as indicated by signs or markings; parking on a bridge; parking in a marked crosswalk, blocking a fire hydrant. As develepment in the county has increased, so has traffic and parking-related problems. Many parking violations have been incorporated into the ordinance based in response to citizen concerns. RECOMMENDATION: Staff recommends that a public headng be set to consider amendments to Chapter 12, Motor Vehicles and Traffic Ordinance for May 21, 1997. 97.066 DRAFT: March 25, 1997 ORDINANCE NO. AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 12. MOTOR VEHICLES AND TRAFFIC, ARTICLE I. IN GENERAL. OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED By the Board of Supervisors of the County of Albemarle. Virginia. that Chapter 12, Motor Vehicles and Traffic, Article I, In General, is hereby amended and reordained as follows: By Renumbering: Section 12-5 Section 12-6 Section 12-7 Section 12-8 By Renumbering and Amending: Section 12-3 Section 12-4 Section 12-8.1 Authority of fire deparunent offidals to direct traffic, etc. Stop signs; yield right.of-way signs. Permits for parades and processions. Putting glass, etc., on highway prohibited. Tail gates on vehides. iniuring, tampering or interfering generally with vehides. Parldng-Certain restricted areas. Section 12~8.2 Same-Enforcement of parking regulations: notice of violations: waiver of trial; contesting charges; penalties. By Adding New: Section 12-3 Section 12-4 Section 12-5 Section 12-5.3 Section 12-5.4 Section 12-5.5 Section 12-6 Section 12-6.2 Section 12-6.4 Section 12-7 Section t2-8 Section 12-9.2 Sec, i2-3. General Prohibitions__ General Prohibitions. Restricted parldng on county-o~vned property. Stopping or parl<ing; generally. Parking on private property. Parking or standing in fire lanes. Regulated parking areas; parking meters. Vehicles: generally. Vehicle requirements. Removal and disposition of abandoned or unattended vehicles. Emergencies: parking restrictions. Authority of fire department officials to direct [raffic_ etc. Presumption in prosecution for parking violations. (a) It shall be m-3awful for any person to park or stop a vehicle, except ~vhen necessary to avoid traffic or with the directions of a police officer or traffic-control device, in any of the followint locations: L! ) On any sidewallc 2 (2) In or in front of any driveway so as to Nod< the use of such drivewav to others. (3) Within fifteen (15) feet of any fire hydrant. (4) Any closer to a corner than is indicated bv signs or marks upon the road or curb. (5) Within any bus zone, as indicated bv signs or marks upon the road or curb. 16) Within a marked crosswalk. (7) Abreast of another vehicle parallel to a curb, double parking). Within any loadin.g zoning, as indicated by sikms or marks upon the road or curb. (9) Within any zone indicated by signs or marks upon the road or curb as a no parking zone. (10) At any location for a longer time than is permissible by signs or marks noon the road or curb ~overtime parldnt). ( 11 ) in any fire lane marl<ed or indicated as such. (12 On any grass unless such parMng is indicated bv sign as permissive. (13) Within rift, crossint. (14) Alongside ~ such parkir (15) Upon anvk within a tu ~i6) At any plac · (50) feet of the nearest rail of a railroad trade r opposite any street excavation or obstruction, when t would obstruct traffic. ridge or other elevated structure on a highway or and. -_ where official sit, ns prohibit parking. (b) Law-enforcement off to any place they may deem ex section, when in the performar State law reference -- L27is section, see Code of Va. § now § 12-6 Vehicles; ~enerall¥ Sec. 12-4. Restricted parkin~ < fa} The county execuri~ .cers mav move or cause to be moved motor vehicles oedient without re!ard to the provisions of this ce of their lawful duties. state law as to the authority of the county to adopt t6.2-1220. IPrevious § t2-3 Tail gates on vehicles is t county-owned properw. : is authorized to designate specific areas on counw- _owned property to be restricted parMnt zones. The county executwe shall desiTnate t_he Wpes of motor vehicles which may be permitted to park in the restricted zones and the time. place and manner in which such vehicles may be permitted to park in the_ restricted DarMnt_ zones. The county executive shall make such rules and 3 regulations as parkint conditions may require in the restricted parking zones and under the varying conditions that may exist at different times. It shall be the duty of the county executive, upon the adoption of such r%mlations but before the same shall become effective, to give public notice thereof by establishin~ and posting signs or bv other means which may be reasonably _adequate to readily inform the operators of vehicles in restricted parldng zones of the _existence, nature and requirements of such regulations (b) It shall be updawful for any person to park or stop a motor vehicle of a type or in a manner which violates the provisions of any rule or retulation restricting the parking of motor vehicles on county-opened properw adopted and promul!ated in accordance with this section. State law reference -- for state law as to the authority of the county to adopt this section, see Code of Va. § 46.2-1221. (Previous § 12-4 Injurini, tampering or inte~-fering generally with vehicles is now § 12-6 Vehicles: generally.) _Sec. 12-5. Stopping or parkinff: ?enerallv. (a) No person shall stop a vehicle in such a manner as to ~mpede or render dangerous the use of hith~vavs or counw roads by others, except in the case of an emergency, an accident, or mechanical breakdown. In the event of any such emer~rencv, accident or breakdown, the emergency flashing lights of such vehide shall be turned on, if the vehicle is equipped with such lights and such lights are operating. report of the vehicle's location shall be made to the nearest police officer as soon as practical. The vehicle shall be moved to the shoulder as soon as possible and then removed from the shoulder without unnecessary delay. If such vehicle is not promptly removed, removal may be ordered by a police officer, ar the expense of the owner, if such vehicle creates a traffic hazard. For state law as to stopping on highways, see Code of Va. § 46.2-888. (b) The provisions of subsection la) shall not appt¥ to any vehicle owned or controlled by the Virkfinia Department of Highways and Transportation or the _county. while actually engaged in the construction, reconstruction or maintenance o17 highwavs and roads. For state law as to exceptions for certain vehicles, see Code of Va. § 46.2-891. 4 (c) No person havine control or charge of a motor vehicle shall allow such vehicle to stand on any highway maattended without first effectively setting the emergency or parking brake thereon, stopping the motor and turning the front ~vheets into the curb or side of the roadway. (d) The operator of a motor vehicle, trailer or semitrailer, when temporarily stopped on the traveled or paved portion of a highway so as to create a traffic hazard, shall flash all four (4) turn signals simultaneouslv to signal approachint~ motorists of the ex/stinG hazard, ~vhenever such vehicle is equipped with a device which will cause the four ~4) turn signals to flash simultaneouslv. (e) No truck or bus, except a school bus, shall be stopped wholly or partially on the traveled portion of any hithwa¥ in the county outside of a town for the purpose of taking on or dischar~in? cargo or passenters, unless the operator cannot leave the traveled portion of a highway with safety. A school bus may be stout)ed on the traveled pomon of a highway when taMng on or dischartine school children, but such stoDs shall be made only at points where the bus can be dearly seen for a safe distance from both directions. For state law as to stopping on highways, see Code of Va. § 46.2-893. [Previous ,~ 12-5 Authority of fire department officials to direct traffic, etc. is now ,5 12-8.1.~ Sec 12-8.1 12-5.1. Pan,~,,8 -- ,~ ....... Restricted areas -- handicapped parldnG. la) It shall be unlawful for a any operator of a motor vehicle nor displaying a license plate, decal or special parldng permit, issued under section 462-731, 46.2-739 or 46 2-1237 4,5.2-12o°$ of the Code of Virginia, to park in a parMng space identified by an above-erade sie'n as reserved for the handicapped on public property or at privately owned parldng areas open to the public. (b) Any person violating this section may be issued a summons without the necessity of a warrant being obtained by the owner of such privately owned parldng area. (c) ~klT~~ I3crson violating Violation of ~is provision shall ~c ': ~ ~ ~ ~ ........~ ~,~ ~ ......... d ................ olauon, constitute a Class 4 misdemeanor, punishable by a fine as follows: 5 If paid within 48 hours ...................... $ 50.00 If paid after 48 hours ........................ $100.00 State law reference--for state law as to authority of county to adopt this section, see Code of Va., § 46.2-I237. Sec. 12-6. 12-5 2: Stop signs; yield right-of-way signs. The county executive, or his designated agent, shall have the power to desig- nate intersections at which vehicles shall come to a full stop or yield the right-of-way; provided, that nothing herein shall be construed as authorizing the county executive to so designate any intersection within the Town of Scottsville. {12-19-74~ Sec. 12-5.3. ParMng on private urooerw. No person shall stand or park a vehicle on any private lot or lot area without the express or implied consent of the owner thereof. Whenever sirras or markings have been erected on any lot or lot area, conti~uous or adiacem to a street, road, hithwav or alley, indicatim~ that no vehides are permitted to stand or oark thereon, it shall be unla~x~ul for any person to stoP, stand or Dark any vehicle in such lot or tot area, or to drive a vehicle across any curb or lot line or over any driveway from a street, road, alley or hith~vav into such lot or lot area for the purpose of standint or parking such vehicle. Sec. 12-5.4. Parkint~ or standine in fire lanes. (a) It shall be unlawful for any nerson to park or stand a vehicle in any desiqnated and marked fire lane. (b) The placement of a vehicle, for any purpose, within a fire lane perpendicular to the curb or edge is prohibited. ic) Any police officer or the fire marshal or his authorized representatives who finds any vehicle in violation of this section shall Imve the authority to remove such vehicle at the owner's risk and expense. This authority shall extend to any fire or 6 rescue officer in charEe of a fire or rescue operation who finds any such violation to be interferine with such emergency ouerations. (d) The county oolice or the fire marshal or his authorized representatives are authorized to enter any fire lane for the purpose of enforcing the urovisions of this section. (el No provision of this section shall apply to fire, rescue or police vehicles while they are involved in emergency operations. Sec. 12-5.5. Regulated parldng areas parldn~ meters (al The Board of Supervisors shall have the authority to direct the county executive to order and arrange for the installation and maintenance of parldng meters at sites designated by the Board. l'he Board shall by resolution set the prices and time limits for parldne in the areas regulated by such parMn~ meters. (b) Members of the police department and any other county DersoTmel designated bv the oolite chief shall enforce the restrictions and reeularions set by the Board regarding parking meters. Such enforcement shall be in compliance with Section 12-9. I of this Code. State law reference -- for state law as to the authority of the county to adopt this section, see Code of Va. § 46.2-1220. Sec. ~o o q-~. ........ ~.;~ llv ........ s .... on ........ 12-6. Vehicles; ~enera . L&LIt shall be unlawful for the operator of any truck, trailer or other vehide equipped with a tail gate. to lower or open the tail gate thereon, or to suffer or permit such tail gate to be lowered or opened, except during the time the vehicle is being loaded or unloaded, and except during the time the load on the vehicle necessitates a lowered or opened tail gate as a support for the load. It shall be the duty of the operator of any such vehicle to see that the tail gate on such vehicle is kept dosed or raised, except during the times hereinbefore spedfied. / 10-19-72, § 2) bLb~ No person shall individually or in association with one or more others wilfully break, injure, tamper with or remove any parc of any motor vehicle, trailer or semitrailer for the purpose of injuring, defacing or destro)4ng such motor vehicle_ trailer or semitrailer or temporarily or permanently preventing its useful operauon, or for any purpose, against the will or without the consent of the owner of such motor vehicle, trailer or semitrailer, nor shall any person in any other manner wilfully or maliciously interfere with or prevent the running or operation of such motor vehicle, trailer or semitrailer. !=~ No person shall, without the consent of the owner or person in charge of a motor vehicle, trailer or semitrailer_ climb into or upon such motor vehicle, trailer or semitrailer with intent to commit any crime, malicious mischief or injury thereto: or. while a motor vehicle, trailer or semitrailer is at rest and ........~,,~,~,~^~ shall attempt to maniptdate any of the levers and starting crank or other device, brai, es or mechanism thereof or to set such motor vehicle, trailer or semitrailer in motion, excep~ that the foregoing provision shall not apply when any such act is done in an emergency or ~n furtherance of public safety or by or under the direction of an officer in the regulation of traffic or the performance of any other official duty. (d) Any person violating the provisions of this section shall be punished as provided in section 1-6 I2-9.1. (Code 1967, § 12-6, For state law as to injuring, destroying, etc., see Code of Va., § 18.2-146. ~Previous ~ 12-6, Stop s~?ns: yield right-of-way signs is now § 12-5.2.) Sec. 12-7 12-6._ I Permits for parades and processions. No athletic contest, race. demonstration_ planned gathering or parade. excepting the mititarsr forces of the United States ~ir~y or Na~T, the military forces of the state and police and fire vehictes and personnel, shall occupy, march or proceed along any street, road or high~vay, except in accordance with a permit issued by the chief of police and such other regulations as are set forth in this chapter which may apply. ICode 1967_ § 12-8; 4-13-88~ Sec. 12-6.2 Vehicle requirements. I a It shall be unlawful for any person to park, keep or permit to be parked or kept any motor vehide, trailer or semitrailer in or on any public highway street. 8 alley, public easement or other public thoroughfare in the county, or any other area in the counw subject to regulations by the counw, unless: I t ) The motor vehicle shall be currently inspected and approved in accordance ~xdth the proms{ohs of the laws of the state; (2 The vehicle shall be currently registered and licensed to be operated upon the hi.~hwavs of this state in accordance with the provisions of the laws of this state and a valid state license plate shall be visibly displaved; and (3) The vehicle shall be currently licensed to be operated upon the highways and roads of the counW in accordance with the laws of the county, and the county motor vehicle sticker shall be visibly displayed. Sec. I2-8 12-6.3 Putting glass, etc., on highway prohibited. (a) No person shall throw or deposit or cause to be deposited upon any street or highway any glass bottle, glass, nail, tack, wire, can or any other substance likely to injm-e any person or animal or damage any vehicle upon such street or highway, nor shall any person throw or deposit or cause to be deposited upon any highway any soil. sand. mud. gravel or other substances so as to create a hazard to the traveling public. (b) Any person who drops, or permits to be dropped or thrown, upon any street or highway any destructive_ hazardous or injurious material shall immediately remove the same or cause it to be removed. (c) Any person removing a wrecked or damaged vehide from a street or highway shall remove any glass or other inlurious substance dropped upon the street or highway from such vehicle. (d~ Any person violating the prows~ons of this section shall be punished as provided in section t2-9.1 {Code 1967. § 12-10~ For state law as to placing glass, etc., on public roads see Code of Va., § 18.2-324. Sec. 12-6.4. Removal mxd disposition of abandoned or unattended vehicles. {a) A vehicle shall be deemed abandoned if it lacks a valid license plate, valid county sticker or valid state inspection stid~e~ and the vehicle has been in the same sDecific location for 48 hours without bein! moved. (b) A vehicle shall be deemed unattended if: 1 ) The vehicle is illegally parked and the owner or operator is not present; or 2) The vehicle is stopped on a public highway or road, constitutes a traffic hazard and the owner or 9perator is nor present; or 3) The vehicle is stopped on a public highway, public road or private properw without the consent of the property owner, lessee or occupant and the vehicle has been in such location for more than 48 hours without beint attended by the owner or operator. (c) Police officers or other uniformed personnel designated by the chief of police may remove or cause to be removed any abandoned or unattended vehicle from public hi?hwavs or roads. (d) Abandoned or unattended vehicles left on private property may be removed or caused to be removed by police officers or other uniformed personnel designated bv the chief of police, but only ar the written request of the property owner, lessee or occupant. 17he oroperw owner, lessee or occupant must provide in _writing for the indemnification of the conntv against any loss or exqoense incurred by reason of removal, storage or sale of the abandoned or unattended vehicle. (e) As soon as possible after removal has occurred under subsection the police departmen~ must notify the owner of the vehide of the vehicle's location and the procedure for the owner to recover the vehicle. State law reference -- for state law as to the authority of the cotmtv to adopt this section, see Code of Va. § 46.2-1213. I0 Sec. 12-7. Emergencies: pad<in? restrictions. fa) No vehicle shall be stopped at or in the vidnitv of a fire, vehicle or airplane accident or other area of emergency, in such a manner a_s to create a traffic hazard or interfere with police, fire fl~hters, rescue workers .or others whose duty it is to deal ~th such emergencies. Any vehicle found unlawfullv parked in the vicinity of suc?, fire, accident or area of emereencv may be removed by order of a police officer or, in the absence of a polipe officer, bv order of the uniformed fire or rescue officer in char~_e, at the risk and expense of the owner, if such vehicle creates a, traffic hazard or interfere~ with the necessary procedures of police, fire fighters, rescue workers or o_ther.s whose assikmed duty it is to deal with such emergencies. The charge for such removal shall not exceed the actual and necessary cost. Vehide~ bein~ used bv accredited information services, such as press, radio and television, when being used for the ~atherint of news, shall be exempt from the provisions of thi~ subsection, except when actually obstructing the police, fire fighters and rescue ~vorkers dealint with such emergencies. (b) It shall be unlawful for the driver of any vehicle to park such vehicle within five hundred ~500) feet of 5vhere any fire apparatus has stopped in answer to a fire alarm. This section shall not apply to any fire, rescue, police, or other public safew personnd responding to such alarm in the performance of their lawful duties. (Previous § 12-7 Permits for parades and processions is now § 12-6.13 Sec. 12-8 Authoriw of fire department offidals to direct traffic, etc. (a) While any fire department is in the process of answerin.t an alarm of fire or extineTuishint a fire and returnint~ to station, the fire chief or other officer in charge of such fire department at that time shall have the authoriW to maintain order at the fire or it~ viciniw, direct the actions of the firemen at the fire, keep bystanders or other persons at a safe distance from the fire and fire equipment, fadlitate the speedy movement and operation of fire fithting equipment and firemen and until the arrival of a police officer, direct and control traffic in person or by deputy and facilitate the movement of traffic. (b) The fire chief or other officer in charte shall display his fireman's badee or other identification of authority. Notwithstandin~ any other provision Of taw, this authority shall exzend to the activation of traffic control si.c-halS designed to facilitate the safe e~re$_s and ingress of fire fithting equipment at a fire station. Any person refusint to obey the orders of the fire chief or his deputies or other officer in charge 11 at that time shall, upon conviction thereof, be punished bv a fine of not less than ten dollars nor more than one hundred dollars. (Code 1967, § 12-7; 4-13-85} For state law as authoriW of fire department to activate electric traffic control s~¢nals when on duw, see Code of Va., § 46, I-184(eL ~.Previous § I2-8 Putting glass, etc., on kighwav prohibited is now § 12-6.3.) · Previgus § 12-8.1. Parldn~-Certain restrict areas I snow § 12-5.1 Restricted areas -- handicapped parldng.) Sec. 12.9. Compliance with chapter; penalty for violation of chapter. (a) It shall be unlawful for any person to refuse, fail or neglect to comply with any of the provisions of this chapter or any nde or regulation promulgated pursuant thereto. (b) Every person convicted of a violation of any of the provisions of this chapter or nde or regulation promulgated pursuant thereto, for which no other penalty is provided, shall be guilty of a traffic infraction, punishable by a fine of not more than one hundred dollars. (Code 1967, § 12-14; 8-11-76: 4-13-88) State law reference--For state la~v prohibiting county from imposing a penalty for violation of traffic regulations in excess of that imposed for similar offense by the state, see Code of Va., § 46.2-1300. As to state law penalty for violation of motor vehicles and traffic regulations generally, see Code of Va., § 46.2-113. Sec. 12-8.2. 12-9.1__ Same--Enforcement of parMng regulations; notice of violations: waiver of trial; contesting charges; penalties. (a) Pohce officers and other uniformed personnel designated by the chief of police to enforce the parldng provisions of this Code shall post a written notice of violation on the windshield of each vehicle found illegally parked. Such notice of violation shall state that the recipient of the notice may elect to waive his or her right to appear and be tried for the offense or offenses indicated in the notice. 12 (b) Persons desiring ro waive trial may do so by voluntarily remitting to the office of the director of finance the amount of the fine stipulated for each violation marked on the notice. Such fines shall be levied in accordance with the schedule set forth in subsection (et of this section. If the required amount is not received in the office of the director of finance or mailed and postmarked within forty-eight hours after the notice of violation is issued, the amount of the applicable fine shall be doubled. (c) V¢henever the fines are paid by mail, the responsibility for receipt of the payment by the director of finance shall lie with the registered o~vner of the vehicle parked in violation. Payment may be made by personal check; provided, that if such check is returned for insufficient funds, the vehicle owner shall remain liable for the parldng violations, and shall likewise be subject to a service charge of twenty-five dollars $35.00 20.00) for processing the returned check. (d) Any recipient of a notice of violation desiring to contest the charges dted m the notice shall appear at the office of the director of finance and, on forms provided by the director of finance, file a written request for administrative review and dismissal of the charges. The facts of the request shall be reviewed and commented upon by a representative of the director of finap, ce and a representative of the police department, who shall recommend whether the request should be approved or denied. Acting on such request and recommendation, the director of finance shall deride whether the charge shall be dismissed. 17he recipient of the notice shall indicate on the request for review whether a hearing in court is demanded in the event the request for dismissal is denied. If the request for review is made within -fo~-~,8,,~ (48) ninetv-six (96) hours of the violation, the recipient shall have an additional forty eight (¢SO ni~netv-six (96) hours after denial of the request to remit the fine. before the amount thereof is doubled. l e ~ The schedule of fines shall be as follows: Parldng on Sidewall_s< Blocking Driveway Park within 15 feet of fire hydrant_ Park within bus }one Paid before 48 hours 10.00 0.0_0 1O.oo i0.o0 _Pai_.d after 48 hou~ 2~0.00 _20.00 20.00 20.00 13 Park in crosswalk Double Parking Parking in Fire Lane Parldng in 19ading zone parking in prohibited zone Overtime parking _Parking within 50 feet of railroad crossing Parking alongside or opposite street ~>bstruction or excavation 10.00 20.00 I0.00 20.00 25._00 _50.00 I0.00 20.00 i0 00 20.00 5.00 J~O.O0 I0.00 20.00 io.9o 20.00 _Parking on bridge Parking where prohibited No CounW Decal Handicapped Parking 10.00 20.00 10.00 20.00 25.00 50.OQ 125.00 250.00 (f) Any vehicle owner who fails to respond to a notice of violation_ either by paying the stipulated fines or by filing a request for review or hearing with the director of finance within ten days. shall be subject to summons and arrest pursuant to section 46.2-941 of the Code of Virginia. State law reference--For state law as to authority of county to adopt this section, see Code of Va. § 46.2-1225. ~This section was previously § 12-8.2.) Sec. 12-9.2. Presumption in prosecution for parldn~ violations. In any prosecution for a violation of any provision of this artide, proof that the vehicle described in the citation or summons was in violation of such provision, together with proof that the defendant was, at the time of such violation, the registered owner of the vehicle, as required by chapter 12 of title 46.2 of the Code of Virginia, shall constitute in evidence a rebuttable presumption that such registered owner was the person who committed the violation which occurred. I4 Sec. 12-9.3. Removal or immobilization of vehicles with outstanding parldng violations. a~ Any vehicle parked or stopped on any public hit~h~vav, public road or public property against which there are three or more unpaid or unsettled parldng violation notices may be removed or immobilized or caused to be removed or_ _immobilized bv police officers or other uniformed personnel designated bv the chief of police. Such immobilization shall be in a manne_r which wiI1 prevent the removal 9r operauon of the vehicle except by authorized law enforcement personnel. (b) The police department shall, as soon as possible after the vehicle has been removed or immobilized, notify the owner of such vehicle of the nature and circumstances of the prior unsettled or unpaid parkins violation notices. If the vehicle kas been immobilized or caused to be immobilized by the law enforcement personnel, such personnel shall place on the vehicle, in a conspicuous manner, a _notice warnin~ that the vehicle has been immobilized and attempts tO move Lhe vehicle could damage it. (cl The owner of an immobilized vehicle, or the owner's agent has twenty- four (24 hours from the time the vehicle was immobilized to secure the release of _the vehicle. After that time, police officers or other uniformed personnel designated by the chief of police may remove or cause to be removed the vehicle to a storage facilitv. (d) If the owner refuses or fail~ to pay the outstanding parldng violation notices and the costs, or the owxer is nor ascertainable after a dilig, ent search by the police department, the finance depan~ment shall send notice to last lq~own address of the owner and to the holder of any lien of record on the vehicle. The vehicle shall t_ben be subject to the sale provisions of Va. Code § 46.2-1209. State law reference -- for state law as to the authority of the county to adop~ this section, see Code of Va. § 46_2-I 216. P~Wa<IN~.ORD 15 COUNTY OF ALBEMARI,E TO: FROM: DATE: RE: Board of Supervisors La~y W. Davis, County Attomey.~ April 2, 1997 Amendment to Chapter 12, Motor Vehicles and Traffic Ordinance Attached please find a revised draft of the above-referenced ordinance which is on the consent agenda for authorization to advertise for public hearing on May 21, 1997. The revised ordinance now includes amended sections to readopt the relevant state code provisions by reference in § 12-1, to correct the classification of the punishment for violations of §§ 12-5.1 and 12-6, and to correct the mount of the scheduled £me for handicapped parking violations in § 12-91. I recommend that this draft be advertised for public hearing. Richard E. Huff, II, Deputy County Executive Chief John F. Miller DRAFT: Apr_il 2. 1997 ORDINANCE NO. AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 12, MOTOR VEHICLES AND TRAFFIC. ARTICLE I, IN GENERAL, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED By the Board of Supervisors of the County of Albemarle. Virginia, that Chapter 12. Motor Vehicles and Traffic, Article I, In General. is hereby amended and reordained as follows: By Amending: By Renumbering: Section 12-i Section 12-5 Section 12-6 Section 12-7 Section 12-8 By Renumbering and Amending: Section 12-3 Section 12-4 Adoption of state law. Authority of fire department offidals to direct traffic, etc. Stop signs; yield right-of-way signs. Permits for parades and processions. Putting glass, etc., on highway prohibited. Tail gates on vehicles. Iniuring, tampering or interfering generally with vehicles. Section 12-8.1 Section 12-8.2 Parking-Certain restricted areas. Same-Enforcement of parking regulations; notice of violations; waiver of trial; contesting charges; penalties. By Adding New: Section 12-3 Section 12-4 Section 12-5 Section 12-5.3 Section 12-5.4 Section 12-5.5 Section 12-6 Section 12-6.2 Section 12-6.4 Section 12-7 Section 12-8 Section 12-9.2 Sec. 12-1. Adoption of state law. General Prohibitions. Restricted parking on county-owned property. Stopping or parking; generally. Parking on pnvate property. Parking or standing in fire lanes. Regulated parking areas; parking meters: Vehicles: generally. Vehicle requirements. Removal and disposition of abandoned or unattended vehides. Emergencies: parking restrictions. Authority of fire department officials to direct traffic, etc. Presumption in prosecution for parking violations, Pursuant to the authority of Tide 46.2-i313 of the Code of Virginia, as amended, all of the prowsions and requirements of the laws of the commonwealth 2 contained in Tide 46.2, At-tide 9 of chanter i 1 of tide 16.1. and Artide 2 of Chapter 7 of Titte 18.2 of the Code of Virginia, as in force on .... b~,., ,,u9 May 21. 1997, and as amended from that date and in the future, except those provisions and requirements the violation of which constitutes a felony, and except those prowsmns and requirements which by their very nature can have no application to or within the county, are hereby adopted and incorporated in this chapter by reference and made applicable within the county. References to "highways of the state" contained in such provisions and requirements hereby adopted shall be deemed to refer to the streets. highways and other public ways within the county. Such provisions and requirements are hereby adopted, mutatis mutandis, and made a part of this chapter as fully as though set forth at length herein, and it shall be unlawful for any person. within the county, to violate or fail. neglect or refuse to comply with any provision of Title 46.2. Article 9 of chanter 11 of tide 16.1. or Article 2 of Chapter 7 of Tide 18.2 of the Code of Virginia which is adopted by this section: provided, that in no event shall the penalty imposed for the violation of any provision or requirement hereby adopted exceed the penalty imposed for a similar offense under Title 46.2, Article 9 of chanter I I of title 16.1. or Article 2 of Chapter 7 of Tide 18.2 of the Code of Virginia. (10-1%72, § 3: 10-9-74: 4-13-88; Ord. of 3-14-90; Ord. of 6-5-91) Sec. 12-3. General Prohibitions__ (a) It shall be unlawful for any r)erson to ~ark or stov a vehicle, excem when necessary to avoid traffic or with the directions of a uotice officer or traffic-control device, in any of the following locations: (I / On any sidewalk__ (2) In or in front of any driveway so as to block the use of such driveway to others, (3) Within fifteen I15) feet of any fire hydrant. (4) Any closer to a corner than is indicated by sirras or marks ut)on the road or curb. Within any bus zone. as indicated by sirras or marks m~on the road or curb. Within a marked crosswalk. (7~ Abreast of another vehicle parallel to a curb (double rmrkin~. Within any loading zoning, as indicated by siens or marks upon the road or curb. Within any zone indicated bv sirras or marks upon the road or curb as a no ~arkin~ zone. 3 (i0] At any location for a longer time than is t)ermissible by signs or marks ut)on the road or curb (overtime t)arkingL (1D In any fire lane marked or indicated as such. (12] On any grass. Unless such narkint is indicated by sitm as vennissive. (13) Within fifw (50) feet of the nearest rail of a railroad ~rade crossinp. (14) Alongside or opposite any street excavation or obstruction, when such t)arkin~ would obstruct traffic. (15) Upon any bridge or other elevated structure on a highway or. within a tunnel. (16) At any place where official signs t)rohibit t)arking. (b) Law'enforcement officers may move or cause to be moved motor vehicles to any place they may deem expedient without regard to the t)rovisions of this section, when in the t)erformance of their lawful duties. State law reference -- for state law as to the authority of the county to adopt this section, see Code of Va. § 46.2-1220. (Previous ~ 12-3 Tail ~ates on vehicles is now ~ 12-6 Vehicles: generally. Sec. 12-4. Restricted parking on county-owned t)rot)ertv. (a) The county executive is authorized to designate st)ecific areas on county- owned properw to be restricted t)arkine zones. The counW executive shall designate the types of motor vehides which may be t)ermitted to Dark in the restricted zones and the time, place and manner in which such vehicles may be permitted to turk in the restricted parking zones. The counw executive shall make such rules and retmlations as parking conditions may reotfire in the restricted t)arkin~ zones and under the varying conditions that may exist at different times. It shall be the duty of the county execuf~ve, ut)on the adoption of such regulations but before the same shall become effective, to t, ive public notice thereof by establishin~ and t~osting signs or bv other means which may be reasonably adequate to readily inform the operators of vehicles in restricted t)arking zones of the existence, nature and reouirements of such retmlations. {b} It shall be unlawful for any t)erson to Dark or stot) a motor vehicle of a tv-oe or in a manner which violates the Dromsions of any rule or regulation restricting the parkin~ of motor vehicles on county-owned property adorned and t)romul2ated in accordance with this section. 4 State law reference -- for state law as to the anthoritv of the county to adopt this section, see Code of Va. ~ 46.2-1221. (Previous 5 12-4 Iniunne. tamverin~ or interferin~ ~enerallv with vehicles is now [ 12-6 Vehicles: generally.) Sec. 12-5. Stoppine or varkine: eenerallv. (al No person shall stop a vehide in such a manner as to imoede or render daneerous the use of hiehwavs or county roads by others, excet)t in the case of an emereencv, an accident, or mechanical breakdown. In the event of any such emereencw, accident or breakdown, the emereencv flashine liehts of such vehide shall be turned on. if the vehicle is eouioued with such lights and such liehts are oDerafmo. A report of the vehicle's location shall be made to the nearest ~)olice officer as soon as practical. The vehicle shall be moved to the shoulder as soon as t)ossible and then removed from the shoulder without unnecessary delay. If such vehicle is not promt)tlv removed, removal may be ordered by a police officer, at the eroense of the owner, if such vehicle creates a traffic hazard. For state law as to stopvine on hiehwavs, see Code of Va. § 46.2-888. (b) The orovisions of subsection (a) shall not atmlv to any vehide owned or controlled by the Virginia Demrtment of Highways and Transportation or the county, while actually engaged in the construction, reconstruction or maintenance Of highways and roads. For state law as to exceptions for certain vehicles, see Code of Va. ~ 46.2-891. (c) No person havin~ control or charee of a motor vehicle shall allow such vehicle to stand on any hiehwav unattended, without first effectively settin~ the emergency or t~arldne brake thereon, stoDt~ine the motor and turnine the front wheels into the curb or sid of the roadway__ (d) The overator of a motor vehide, trailer or semitrailer, when temvorarilv stopped on the traveled or paved portion of a hiehwav so as to create a traffic hazard. shall flash all four ~ 4) rum sitmals simultaneously to sitmal ao~roachine motorists of the exisdne hazard, whenever such vehicle is eouinved with a device which will cause the four (4) turn simaals to flash simultaneously. 5 (el No truck or bus. excet)t a school bus. shall be stormed whotlv or partially on the traveled vortion of any hiehwav in the counw outside of a town for the t)uroose of takine on or dischareine cart, o or t)asseneers, unless the operator cannot leave the traveled nortion of a hiehwav with safety. A school bus may be stot)t)ed on the traveled t)ortion of a hiehwav when takine on or dischareine school children..but such stons shall be made only ar t)oints where the bus can be dearly seen for a safe distance from both directions. For state law as to stopnine on highways, see Code of Va. § 46.2-893. (Previous ~ 12-5 Authority of fire det)artment officials to direct traffic, etc. is now § 12-8.1.) See..~ ~ v.. ° ~ 12-5 1 r,~_,.:__ Cc~zalr, Restricted areas -- handicat)oed oarkine. (a) It shall be unlawful for ~ any operator of a motor vehide not displaying a license plate, decal or special parking permit, issued under section 46.2-731.46.2-739 or 46.2-1237 44-24-2-38 of the Code of Virginia, to park in a parking space identified by an above-~rade sitm as reserved for the handicapped on public property or at privately owned parking areas open to the public. (b) Any person violating this section may be issued a summons without the necessity of a warrant being obtained by the owner of such privately owned parking area. (c) Any ~crsc~n -dc, lat~ng Parkint, a vehicle in a st)ace reserved for oersons with disabilities in violation of this section shall ~~ · ,~,,,~,.~ .... ~--~ ~,..~,o~n .... .,.~ ...... ~,~,,~ -~':~-,.~.~,,,. constitute a traffic infraction vunishable by a fine of no more ~ $250.00: State law reference--for state law as to authority of county to adopt this section, see Code of Va., § 46.2-1237. Sec. 12 6. 12-5.2. Stop signs; 3field right-of-way signs. The county executive, or his designated agent, shall have the power to desig- nate intersections at which vehicles shall come to a full stop or yield the right-of-way; 6 provided, that nothing herein shall be construed as authorizing the county executive to so designate any intersection within the Town of Scottswille. (12-19-74) Sec. 12-5.3. Parking on vrivate vroperw. No person shall stand or vark a vehide on any vrivate lot or lot area without the ex~ress or imvlied consent of the owner thereof. Whenever sims or markings have been erected on any lot or lot area. contiguous or adjacent to a street, road. highway or alley, indicatin~ that no vehicles are vermitted to stand or vark thereon, it shall be tmlawftfl for any verson to stov. stand or vark any vehicle in such lot or lot area. or to drive a vehicle across any curb or lot line or over any driveway from a street, road, alley or highway into such lot or lot area for the r)umose of standing or oarking such vehicle. Sec. 12-5.4. Parking or standing in fire lanes___:. (a) It shall be unlawful for any person to turk or stand a vehicle in any designated and marked fire lane. (bi The placement of a vehicle, for any vurvose, within a fire lane veroendicular to the curb or edge is orohibited. (c) Any oolice officer or the fire marshal or his authorized representatives who finds any vehicle in violation of this section shall have the authority to remove such vehicle at the owner's risk and exvense. This authoriW Shall extend to any fire or rescue officer in charge of a fire or rescue operation who finds any such violation to be interfering with such emergency ooerations__ (d) The counw volice or the fire marshal or his authorized revresentatives are authorized to enter any fire lane for the vuroose of enforcing the vrovisions of this section. (e~, No orovision of this section shall annlv to fire. rescue or oolice vehicles while the_v are involved in emergency overa ons. Sec. 12-5.5. Regulated varking areas: varkin2 meters (a) The Board of Suvervisors shall have the authority to direct the county executive to order and arrange for the installation and maintenance of parking meters at sites desitmated by the Board. The Board shall by resolution set the vnces and time limits for varking in the areas regulated by such mrkine meters, (b) Members of the volice devartment and any other county personnel desienated by the volice chief shall enforce the restrictions and reeulatlons set by the Board reeardine oarkine meters. Such enforcement shall be in compliance with Section 12-9.1 of this Code. State law reference -- for state law as to the authority of the cotmtv to adopt this section, see Code of Va. ~ 46.2-1220. Sec ~° ° ~'~:' .......... ~':~ 12 6 V hid ally , ~.- o. ~.~. s.~o wL w.,..~o - . e es: ~ener . (a) It shall be unlawful for the operator of any tmck. trailer or other vehicle equipped with a tail gate. to lower or open the tail gate thereon, or to suffer or permit such tall gate to be lowered or opened, except during the time the vehide is being loaded or unloaded, and except during the time the load on the vehide necessitates a lowered or opened tail gate as a support for the load. It shall be the duty of the operator of any such vehicle to see that the tail gate on such vehicle is kept closed or · raised, except during the times hereinbefore specified. (10-19-72, § 2) (b) No person shall individUally or in assodation with one or more others wilfully breal<, injure, tamper with or remove any part of any motor vehicle, trailer or semitrailer for the purpose of injuring, defacing or destroying such motor vehicle. trailer or semitrailer or temporarily or permanently preventing its useful operation, or for any purpose, against the will or without the consent of the owner of such motor vehide, trailer or semitrailer, nor shall any person in any other manner wilfulty or maliciously interfere with or prevent the running or operation of such motor vehicle, trailer or semitrailer. (c~ No person shall, without the consent of the owner or person in charge of a motor vehicle, trailer or semitrailer, climb into or upon such motor vehicle, trailer or semitrailer with intent to commit any crime, malicious mischief or injury thereto; or, while a motor vehicle, trailer or semitrailer is at rest aha unattcndcd, shall attempt to manipulate any of the levers and starting crank or other device, brakes or mechanism thereof or to set such motor vehide, trailer or semitrailer in motion, except that the foregoing provision shall not apply when any such act is done in an emergency or in furtherance of public safety or by or under the direction of an officer in the regulation of traffic or the performance of any other official duty. (d) Any person violating the provisions of tk, i; subsection (a) of this section shall be punished as provided in section 1 6 12-9.1 of this ordinance. Violations of subsections (bi and (c) of this section shall each constitute and be vunlshable as a Class 1 misdemeanor. (Code 1967, § 12-6) For state law as to injuring, destroying, etc., see Code of Va., § 18.2-146. (Previous § 12-6. Stop signs: yield rieht-of-wav signs is now § 12-5.2. ) Sec. 12-7 12-6.1 Permits for parades and processions. No athletic contest, race, demonstration, planned gathering or parade, excepting the militarv forces of the United States, ~,.~,: ^ ..... ,~ ,,,,:,~' .... the military forces of the state and police and fire vehicles and personnel, shall occupy, march or proceed along any street, road or highway, except in accordance with a permit issued by the chief of police and such other regulations as are set forth in this chapter which may apply. (Code 1967. § 12-8; 4-13-88) Sec. 12-6.2 Vehicle reouirements. (a) It shall be unlawful for any oerson to park. keep or vermit to be parked or kept any motor vehicle, trailer or semitrailer in or on any public hishwav, street, alley. Public easement or other vublic thorouehfare in the county, or any other area in the county subiect to regnlations by the counw, unless: ( 1 ) The motor vehicle shall be currently inspected and approved in accordance with the vrovisions of the laws of the state; (2) The vehicle shall be currently registered and licensed to be operated uvon the hiehwavs of this state in accordance with the provisions of the laws of this state and a valid state license vlate shall be visibly disvlaved: and 9 The vehide shall be currently licensed to be ot~erated upon the highways and roads of the counw in accordance with the laws of the county, and the county motor vehicle sticker shall be visibly displayed. Sec. 12-8 12-6.3_ Putting glass, etc., on highway prohibited. (a) No person shall throw or deposit or cause to be deposited upon any street or highway any glass bottle, glass, nail. tack, wire. can or any other substance likely to injure any person or animal or damage any vehide upon such street or highway, nor shall any person throw or deposit or cause to be deposited upon any highway any soil. sand, mud, gravel or other substances so as to create a hazard to the traveling public. (b) Any person who drops, or permits to be dropped or thrown, upon any street or highway any destructive, hazardous or injurious material shall immediately remove the same or cause it to be removed. (c) Any person removing a wrecked or damaged vehicle from a street or highway shall remove any glass or other injurious substance dropped upon the street or highway from such vehicle. (d) Any person violating the provisions of this section shall be punished as provided in section 12-9.1. (Code 1967, § 12-10) For state law as to placing glass, etc., on public roads, see Code of Va., § 18.2-324. Sec. 12-6.4. Removal and dist)osition of abandoned or unattended vehicles. (a) A vehicle shall be deemed abandoned if it lacks a valid license ~late. valid county sticker or valid state insoection sticker and the vehicle has been in the same sl~ecific location for 48 hours without bein~ moved. (b) A vehicle shall be deemed unattended if~ I ~ The vehicle is illeeallv ~arked and the owner or operator is not r)resent: or 10 2 ~ The vehicle is stovr)ed on a vublic highway or road, constitutes a traffic hazard and the owner or operator 1s not present; or 31 The vehicle is stowed on a vublic highway, vublic road or private property without the consent of the orooert¥ owner, lessee or occupant and the vehide has been in such location for more than 48 hours without being attended by the owner or operator. (c) Police officers or other uniformed versonnel desimaated bv the chief of police may remove or cause to be removed any abandoned or unattended vehicle from public highways or roads. (d) Abandoned or unattended vehides left on urinate ~rovertv may be removed or caused to be removed bv Police officers or other uniformed oersonnel designated bv the chief of volice, but only at the written reouest of the property owner, lessee or occupant. The properw owner, lessee or occur)artt must vrovide in writini for the indemnification of the counw alainst any loss or exvense incurred bv reason of removal, storage or sale of the abandoned or unattended vehicle. (e) As soon as vossible after removal has occurred under subsection (c) or (d), the oolice department must notify the owner of the vehicle of the vehicle's location and the procedure for the owner to recover the vehicle. State law reference -- for state law as to the authoriW of the county to adohr this section, see Code of Va. ~ 46.2-1213. Sec. 12-7. Emergencies: varking restrictions. (M No vehide shall be stovved at or in the vicinity of a fire. vehide or alrvlane accident or other area of emergency, in such a manner as to create a traffic hazard or interfere with police, fire fighters, rescue workers or others whose duty it is to deal with such emergencies. Any vehicle found unlawflfllv harked in the vicinity of such fire. accident or area of emergency may be removed by order of a volice officer or. in the absence of a volice officer, by order of the uniformed fire or rescue officer in charge, at the risk and expense of the o~vner, if such vehide creates a traffic hazard or interferes with the necessary orocedures of volice, fire fighters, rescue workers or others whose assigned duty it is to deal with such emergencies. The charge for such I1 removal shall not exceed the actual and necessary cost. Vehicles being used by accredited information services, such as press, radio and television, when being used for the gathering of news. shall be exempt from the vrovisions of this subsection, excet)t when actually obstructing the oolice., fire fighters and rescue workers dealing with such emergencies. (b3 It shall be unlawful for the driver of any vehicle to Dark such vehicle within five hundred (500) feet of where any fire apparatus has stopped in answer to a fire alarm. This section shall not anvlv to any fire. rescue. 2olice. or other Dublic safew personnel resnonding to such alarm in the oerformance of their lawful duties. (Previous § 12-7 Permits for parades and vrocessions is now 5 12-6.1.) Sec. 12-8 Authority of fire devartment officials to direct traffic, etc. (a) While any fire department is in the process of answerint an alarm of fire or extingnishing a fire and returning to station, the fire chief or other officer in charge of such fire deoartment at that time shall have the authority to maintain order at the fire or its vicinity, direct the actions of the firemen at the fire. keet) bystanders or other versons at a safe distance from the fire and fire eouivment, facilitate the speedy movement and operation of fire fighting eouit)ment and firemen and until the arrival of a police officer, direct and control traffic in t)erson or bv de2utv and facilitate the movement of traffic. (b) The fire chief or other officer in charge shall disvlav his firemans badge or other identification of authority. Notwithstanding any other Drovision of law. this authority shall 'extend to the activation of traffic control signals desitmed to facilitate the safe e~ress and into'ess of fire fighting eauivment at a fire station. Any person refusing to obey the orders of the fire chief or his devuties or other officer in charge at that time shall, uvon conviction thereof, be punished by a fine of not less than ten dollars nor more than one h ndred dollars. (Code 1967. § 12-7: 4-I3-88) For state law as authority of fire department to activate electric traffic control signals when on duty. see Code of Va.. § 46.1-184(e). (Previous § 12-8 Putting glass. etc.. on highway 2rohibited is now § 12-6.3. (Previous § 12-8. I. Parking-Certain restrict areas I snow § 12-5.1 Restricted areas -- handica~Ded mrking.) 12 Sec. 12.9. Compliance with chapter; penalty for violation of chapter. (a) It shall be tm/awful for any person to refuse, fail or neglect to comply with any of the provisions of this chapter or any rule or regulation promulgated pursuant thereto. (b) Every person convicted of a violation of any of the provisions of this chapter or nde or regulation promulgated pursuant thereto, for whicix no other penalty is provided, shall be guilty of a traffic infraction, punishable by a fine of not more than one hundred dollars. ~Code 1967, § 12-14: 8-11-76; 4-13-88) State law reference--For state law prohibiting county from imposing a penalty for violation of traffic regulations in excess of that imposed for similar offense by the state, see Code of Va., § 46.2-1300. As to state law penalty_for violation of motor vehicles and traffic regulations generally, see Code of Va., § 46.2-113. Sec. 12-8.2. 12-9.1. Same--Enforcement of parking regulations; notice of violations; waiver of trial; contesting charges; penalties. (a) Police officers and other uniformed personnel designated by the chief of police to enforce the parking provisions of this Code shall post a written notice of violation on the windshidd of each vehide found illegally parked. Such notice of violation shall state that the recipient of the notice may elect to waive his or her right to appear and be tried for the offense or offenses indicated in the notice. (b) Persons desiring tO waive trial may do so by voluntarily remitting to the office of the director of finance the amount of the fine stipulated for each violation marked on the notice. Such fines shall be levied in accordance with the schedule set forth in subsection (e) of this section. If the required amount is not received in the office of the director of finance or mailed and postmarked within forty-eight hours after the notice of violation is issued, the amount of the applicable fine shall be doubled. (c) Whenever the fines are paid by mail, the responsibility for receipt of the pa.,anent by the director of finance shall lie with the registered owner of the vehicle parked in violation. 13 Payment may be made by personal check; provided, that if such check is returned for insufficient funds, the vehicle owner shall remain liable for the parking violations, and shall likewise be subject to a service charge of twenty-fivc dollars ($25.00 20.00) for processing the returned check. (d) Any recipient of a notice of violation desiring to contest the charges cited in the notice shall appear at the office of the director of finance and, on forms provided by the director of finance, file a written request for administrative review and dismissal of the charges. The facts of the request shall be reviewed and commented upon by a representative of the director of finance and a representative of the police department, who shall recommend whether the request should be approved or denied. Acting on such request and recommendation, the director of finance shall decide whether the charge shall be dismissed. The recipient of the notice shall indicate on the request for review whether a hearing in court is demanded in the event the request for dismissal is denied. If the request for review is made within c ..... :_~.. ,~ o, ninety-sLx (96) hours of the violation, the recipient shall have an additional fortyci§.~,t (4g) ninety-six (96) hours after denial of the request to remit the fine, before the amount thereof is doubled. (e) The schedule of fines shall be as follows: Ifp~:~ _-.,~..- Ao.v ~,v~s ..... .............................g 50.00 Offense Parking on Sidewall<_ Blocking Driveway Parking within 15 feet of fire hydrant Parking within bus zone Parking in crosswalk Double Parking Parking in Fire Lane Parldng in loading zone Parking in prohibited zone Overtime oarking Paid before 48 hours Paid after 48 hours 10.00 20.{)0 10.00 20.00 I 0.00 20.00 10.00 20 O0 10.00 20.00 10.00 20.00 25.00 50.00 I0.00 20.00 IOX)O 20.00 5..00 10.00 14 Parking within 50 feet of railroad crossing Parking alongside or on~osite stree~ obstruction or excavatio~ Parking on bridge Parking Where otherwise nrohibite No CounW Decal Handicavved Parking i0.00 20.00 I0.00 20.00 10.00 20.00 10.00 20.00 25 on 50.00_ 50.00 10o.oq (f) Any vehicle owner who fails to respond to a notice of violation, either by paying the stipulated fmes or by filing a request for review or hearing with the director of finance within ten days, shall be subject to summons and arrest pursuant to section 46.2-941 of the Code of Virginia. State law reference--For state law as to authority of county to adopt this section, see Code of Va. § 46.2-1225. (This section was previously § 12-8.2.) Sec. 12-9.2. Presumption in prosecution for varkine violations. In any prosecution for a violation of any nrovision of this article, oroof that the vehicle described in the citation or summons was in violation of such promslon. together with proof that the defendant was. at the time of such violation, the re~/stered owner of the vehicle, as reouired by charter 12 of title 46.2 of the Code of Virginia, shall constitute in evidence a rebuttable vresumvrion that such re.m.'stered owner was the person who committed the violation which occurred. State law reference -- for state law as to the authority of the counw to adovt this section, see Code of Va. § 46.2-1220. Sec. 12-9.3. Removal or immobilization of vehicles with outstandin.q parkine violations. (M Any vehicle varked or stopped on any public hiehwav, public road or public properW ag. ainst which there are three or more unpaid or unsettled parldne violation notices may be removed or immobilized or caused to be removed or immobilized by volice officers or other uniformed personnel desigTnated bv the chief 15 of police. Such immobilization shall be in a manner which will prevent the removal or operation of the vehicle except by authorized law enforcement t)ersonnel. (b) The police denartmentshall, as,soon as possible after the vehicle has been removed or immobilized, notify the owner of such vehicle of the nature and circumstances of the prior unsettled or unpaid parkine violation notices. If the vehicle has been immobilized or caused to be immobilized by the law enforcement personnel, such personnel shall olace on the vehicle, in a Conspicuous manner, a notice warnine that the vehicle has been immobilized and attempts to move the vehide could damaee it__ (c) The owner of an immobilized vehicle, or the owner's agent, has twenty- four (24) hours from the time the vehide was immobilized to secure the release of the vehide. After that time, police officers or other uniformed personnel desitmated by the chief of police may remove or cause to be removed the vehicle to a storage facility. .(d) If the owner refuses or fails to pay the outstanding parldnE violation notices and. the costs, or the owner is not ascertainable after a diligent search by the police department, the finance department shall send notice to last known address of the owner and to the holder of any lien of record on the vehicle. The vehicle shall then be subject to the sale t)rovisions of Va. Code t 46.2-1209 State law reference -- for state law as to the authoriw of the county to adopt this section, see Code of Va. ~ 46.2-1216. PARKING.ORD 16 DRAFT: April 1, 1997 ORDINANCE NO. AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 12, MOTOR VEHICLES AND TRAFFIC. ARTICLE I. IN GENERAL, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED By the Board of Supervisors of the County of Albemarle. Virginia. that Chapter 12, Motor Vehides and Traffic_ Artide I. In General. is hereby mended and reordained as follows: By Renumbering: Section 12-5 Section 12-6 Section 12-7 Section 12-8 By Renumbering and Amending: Section 12-3 Section 12-4 Section 12-8.1 Authority of fire department offidals to direct traffic, etc. Stop signs; yield right-of-way s~gns. Permits for parades and processions. Putting glass, etc., on highway prohibited. Taft gates on vehides. Inluring, tampering or interfering generally with vehides. Parking-Certain restricted areas. Section 12-8.2 Same-Enforcement of parking regUlations; notice of violations; waiver of trial; contesting charges; penalties. By Adding New: Section 12-3 Section 12-4 Section 12-5 Section 12-5.3 Section 12-5.4 Section 12-5.5 Section 12-6 Section 12-6.2 Section i2-6.4 Section 12-7 Section t2-8 Section 12-9.2 Sec. 12-3. General Prohibitions. General Prohibitions. Restricted parldng on county-owned property. Stopping or parking; generally. Parking on private property. Parking or standing in £zre lanes, Regulated parking areas; parking meters. Vehicles: generally. Vehicle requirements. Removal and disposition of abandoned or unattended vehicles. Emergencies; parking restrictions. Authority of fire deparrmem officials to direct traffic, etc, Presumption in prosecution for parking violations. (a) Il shall be unlawftd for any person to park or stop a vehicle, except when necessary to avoid traffic or with the directions of a police officer or traffic-control device, in any of the following locations: (1) On any sidewalk. 2 (2) In or in front of any driveway so as to block the use of such driveway to others. (3) Within fifteen (15) feet of any fire hydrant. _(4)Any closer to a corner than is indicated by sirras or marks upon the road or curb. (5) Within any bus zone, as indicated by signs or marks upon the road or curb. LO) Within a marked crosswalk. (7) Abreast of another vehide parallel to a curb (double parking). £8 ~Within any loading zoning, as indicated by signs or marks upon the road or curb. 19) Within any zone indicated by si2ns or marks upon the road or curb as a no oarking zone. (10) At any location for a longer time than is Permissible by signs or marks upon the road or curb ~ overtime r)arldne). ( 1 I) In any fire lane marked or indicated as such. (12'} On any grass, unless such parldne is indicated by sien as permissive. I 13'~ Within fifw (50) feet of the nearest rail of a railroad grade crossing. (14) Alongside or oDD0site any street excavation or obstruction, when such r~arkine would obstruct traffic, (15) Upon any bridee or other elevated structure on a highway or within a tunnel. (16') At any ulace where official sirras prohibit r)arldng. ~ b) Law-enforcement officers may move or cause to be moved motor vehides to any ~lace they may deem e2medient without regard to the provisions of this section, when in the r)erformance of their lawful duties. State law reference -- for state law as to the authority of the county to adopt this section, see Code of Va. § 46.2-1220. [Previous § 12-3 Tail gates on vehicles is now § 12-6 Vehides: ~enerallv. I Sec. 12~4. Restricted varldng on county-owned property. l al The cotmtv executive is authorized to designate specific areas on county- owned DroDerw to be restricted parking zones. The counw executive shall designate _the txmes of motor vehicles which may be permitted to park in the restricted zones and the time, r~lace and manner in which such vehides may be Dermitted to Dark in the restricted parking zones. The counW executive shall mal(e such rules and reEulations as parking conditions may reauire in the restricted varkin~ zones and under the varmn? conditions that may exist at different times. It ~hall be the duty of the county executive, upon the adootion of such regulations but before the same shall become effective, to tnve public nouce thereof bv establishing and posting signs or by other means which may be reasonably adequate to readily inform the operators of vehicles in restricted parking zones of the existence, nature and requirements of such reetdations. (b) It shall be unlawful for any person to park or stop a motor vehicle of a tvoe or in a manner which violates the provisions of anv rule or regulation restricting the parking of motor vehicles on counW-owned property adopted and oromttlEated in accordance with this section. State law reference -- for state law as to the authority of the county to adoot this section, see Code of Va. § 46.2-1221. (Previous § 12-4 In!uring. tampering or interferin~ generally with vehicles is now § 12-6 Vehides: .~enerallv.) Sec. 12-5. Stooping or parking: generally (a) No person shall stop a vehide in such a manner as to impede or render dangerous the use of hit[hwavs or county roads bv others, except in the case of an emergency_, an accident, or mechanical breakdown. In the event of any such emergency, accident or breakdown, the emergency flashing lights of such vehicle shall be turned on. if the vehicle is equipped with such lights and such lights are operating. A report of the vehicle's location shall be made to the nearest police officer as soon as practical. The vehicle shall be moved to the shoulder as soon as possible and then removed from the shoulder without unnecessary delay. If such vehicle is not promptly removed, removal may be ordered by a police officer, at the expense of the owner, if such vehicle creates a traffic hazard. For state law as to stoppin< on highways, see Code of Va. § 46.2-888. (b) The provisions of subsection (al shall not aDnlV tO any vehide owned or controlled by the Virginia Department of Highways and Transportation or the counw, while actually engaged in the construction, reconstruction or maintenance of h~ighwavs and roads. For state law as to exceptions for certain vehides, see Code of Va. § 46.2-891. 4 (c) No person having control or charge of a motor vehide shall allow such vehicle to stand on any highway unattended, without first effectively settin~ the emer?encv or parking brake thereon, stopping the motor and turning the front ~vheels into the curb or side of the roadway. (d) The operator of a motor vehide, trailer or semitrailer, when temporarily stopped on the traveled or paved r)ortion of a hiehwav so as to create a traffic hazard, shall flash all four (4) turn simaals simultaneously to signal approaching motorists of the existin~ hazard, whenever such vehicle is enmpped with a device which will cause the four (4) turn signals to flash simultaneously. (e) No truck or bus. excer>t a school bus. shall be stopped ~vhollv or Cartiallv on the traveled portion of any highway in the county outside of a town for the purpose of takin~ on or discharpTin? car~o or passengers, unless the operator cam~ot leave the traveled portion of a highway with safety. A school bus may be stopt~ed on the traveled Portion of a hi?hwav ~vhen talcing on or discharging school children, but such stops shall be made only al points where the bus can be dearly seen for a safe distance from both directions. For state law as to stopuing on highways, see Code of Va. § 46.2-893 (Previous § 12-5 Authority of fire department officials to direct traffic, etc. is now § 12-8.1. I Sec. 12-8.1 12-5.1. '~*~-:-~ '~ .... : dp ....... s -- '~ .... n Restricted areas -- handicappe arking. (a) It shall be unlawful for a any o~erator of a motor vehicle not displaying a license plate, decal or special parking permit, issued under section 46.2-73 I, 46.2-739 or 46.2-1237 .... - .... of the Code of Virginia. to park in a parking space identified by an above-grade si as reserved for the handicapped on public property or at privately o~vned parking areas open to the public. (b) Any person violating this section may be issued a summons without the necessity of a warrant being obtained by the owner of such privately owned parking area. (c) Ar~- pcrsc, n xSc, latSn§ Parkine a vehicle in a space reserved for persons with dis bilities in violation of this section shall '-~ ':~' .... c~ ............... ~ ~ 5 constitute a traffic infraction vunishable by a fine - t8 hottrs ...................... $ 50.00 hours ........................ $100.00 · : :or state law as to authority of county to adopt this -~[6.2-1237. --~__~ tgns; yield fight-of-way agns. The county executive, or his designated agent, shall have the power to desig- nate intersections at which vehides shall come to a full stop or yield the fight-of-way; provided, that nothing herein shall be construed as authorizing the county executive to so designate any ~ntersection within the Town of Scottsville. ,12-19-74~ Sec. 12-5.3. Parldn~ on 9rivare property. No person shall stand or Dark a vehide on any private lot or lot area without the ex~oress or imvlied consent of the owner thereof. Whenever signs or marldngs have been erected on any lot or lot area, contitmous or adjacent to a street, road, hi?hwav or alley, indicafin~ that no vehicles are vermitted to stand or park thereon, it shall be unlawful for any verson to stoD, stand or vark any vehicle in such lot or lot area. or ro drive a vehide across any curb or lot line or over any dfivewav from a street, road, alley or hiehwav into such lot or lot area for the purpose of standint or varldn_ e_such vehicle. Sec. 12-5.4. Parkine or standing in fire lanes. la; It shall be unlawful for any uerson to oark or stand a vehicle in any desi?nated and marked fire lane. The ~lacement of a vehicle, for any pumose, within a fire lane uemendicular to the curb or edge ~s vrohibited. 6 (c/Any police officer or the fire marshal or his authorized representatives who finds any vehicle in violation of this section shall have the authority to_remove such vetticle at the owner's risk and exoense. This authority shall extend to any fire or rescue officer in charge of a fire or rescue ooeration who finds any such violation to be interfering with such emergency operations. (d) The county police or the fire marshal or his authorized revresentauves are authorized to enter any fire lane for the Purpose of enfordng the provisions of this section. (e) No provision of this section shall avulv to fire. rescue or Dolice vehicles while they are involved in emergency operations. Sec. I2-5.5. Regulated ~arking areas: Darldng meters l al The Board of Suvervisors shall have the authority to direct the county executive to order and arrange for the installation and maintenance of ~arldnq meters at sites designated by the Board. The Board shall by resolution set the ~rices and time limits for varlcin< in the areas retaliated by such t>arldne meters. (b) Members of the police devartment and any other county versonnel designated by the Police chief shall enforce the restrictions and remflations set by the Board regarding parMng meters. Such enforcement shall be in com~)liance with Section 12-9.1 of this Code. State law reference -- for state law as to the authoriw of the county to adovt this section, see Code of Va. ~ 46.2-1220. Sec. 12-3. Ta~ 8 ......... ~ .... 12-6. Vehides: generally__ fa,) It shall be unlawful for the operator of any truck, trailer or other vehicle equipped with a tail gate. to lower or open the tail gate thereon, or to suffer or permit such tail gate to be lowered or opened, except during the rime the vehicle is being loaded or unloaded, and except during the time the load on the vehicle necessitates a lowered or opened tail gate as a support for the load. It shall be the duty of the operator of any such vehide to see that the tail gate on such vehicle is kept dosed or raised_ except during the times hereinbefore specified, ~ 10-19-72, § 2~ (b) No person shall individually or in association with one or more others wilfully break, injure, tamper with or remove any part of any motor vehicle, trailer or semitrailer for the purpose of injuring, defacing or destroying such motor vehicle. trailer or semitrailer or temporarily or permanently preventing its useful operauon, or for any purpose, against the will or without the consent of the owner of such motor vehicle, trailer or semitrailer, nor shall any person in any other manner wilfully or maliciously interfere with or prevent the running or operation of such motor vehicle. trailer or semitrailer. ICl No person shall without the consent of the owner or person in charge of a motor vehicle, trailer or semitrailer, climb into or upon such motor vehicle, trailer or semitrailer with intent to commit any crime, malidous mischief or injury thereto: or. while a motor vehicle, trailer or semitrailer is at rest and 'mnattcndcd, shall attempt to manipulate any of the levers and starting crank or other device, brakes or mechanism thereof or to set such motor vehicle, trailer or semitrailer in motion, except that the foregoing provision shall not apply when any such act is done in an emergency or in furtherance of public safety or by or m~der the direction of an officer in the regulation of traffic or the performance of any other offidal du~. (d) Any person violating the prowsions of this subsection la) of this section shall be punished as provided in section 1-6 t2-9. I of this ordinance. Violations of subsections (b) and Icl of this section shall each constitute and be punishable as a Class 1 misdemeanor. ~Code ~967, § 12-6) For state law as to injuring, destroying, etc.. see Code of Va.. § 18.2-1zi6. (Previous § 12-6. StoD signs: yield right-of-way si ~gns is now § 12-5.2. Sec. 12-7 12-6.1_ Perndts for parades and processions. No athletic contest, race. demonstration, planned gathering or parade. excepting the militmw forces of the United States ~ad'~:/az' Na-c/, the military forces of the state and police and fire vehicles and personnel, shall occupy, march or proceed along any street, road or highway, except in accordance with a permit issued by the chief of police and such other regulations as are set forth in this chapter which may apply. ~Code 1967, § 12-8: 4-13-88) Sec. 12-6.2 Vehide requirements. (a) It shall be unlawful for any verson to park. keep or ~ennit to be parked or ker)t any motor vehide, trailer or semitrailer in or on anv public hiehwav, street, alley, public easement or other public thoroughfare in the county, or any other area in the county subject to regulations bv the county, unless: ( 1 ) The motor vehide shall be currently inspected and approved in accordance with the provisions of the laws of the state: (2~ The vehicle shall be currently registered and licensed to be operated upon the hithwaYs of this state in accordance with the provisions of the laws of this state and a valid state license plate shall be visibly displayed: and 13~ The vehicle shall be currently licensed to be ooerated upon the highways and roads of the counw in accordance with the laws of the counW, and the county motor vehicle sticker shall be visibly displayed. Sec. 12-8 12-6.3 Putting glass, etc., on highway prohibited. ia} No person shall throw or deposit or cause to be deposited upon any street or highway any glass bottle, glass, nail. tack. wire. can or any other substance likely to injure any person or animal or damage any vehide upon such street or highway, nor shall any person throw or deposit or cause to be deposited upon any highway any soil. sand. mud. gravel or other substances so as to create a hazard to the traveling public. (b ~ Any person who drops, or permits to be dropped or thrown, upon any street or highway any destructive, hazardous or injurious material shall immediately remove the same or cause it to be removed. (c) Any person removing a ~vrecked or damaged vehide from a street or highway shall remove any glass or other inlurious substance dropped upon the street or highway from such vehicle. (d} Any person violating the provisions of this section shall be punished as provided in section 12-9.1. 9 {Code 1967, § 12-101 For state law as to placing glass, etc.. on public roads, see Code of Va., § 18.2-32zi. Sec. 12-6.zi. Removal and disl>osition of abandoned or unattended vehicles. (a) A vehicle shall be deemed abandoned if it lacks a valid license plate, valid county sticker or valid state inspection sticker and the vehicle has been in the same specific location for zi8 hours without beint moved. (b) A vehicle shall be deemed unattended if: 1 ) The vehicle is illetallv parked and the owner or operator ~s not present: or 2) The vehicle is stopped on a public hithwav or road, constitutes a traffic hazard and the owner or operator is not present: or 3) The vehicle is stopped on a nublic hiehwav, r)ublic road or private property without the consent of the property owner, lessee or occupant and the vehicle has been in such location for more than 48 hours without beine attended bv the owner or operator. I.c) Police officers or other uniformed personnel desi?nated by the chief of police may remove or cause to be removed any abandoned or unattended vehicle from public hiehwavs or roads. (d) Abandoned or unattended vehicles left on private property may be removed or caused to be removed bv police officers or other uniformed personnel designated by the chief of police, but only at the written reauest of the property owner, lessee or occupant. The property owner lessee or occupant must provide in writin~ for the indemnification of the county aeainst any loss or expense incurred bv reason of removal, storage or sale of the abandoned or unattended vehicle. (e) As soon as possible after removal has occurred under subsection (c) or (d), the police department must notify the owner of the vehicle of the vehicle's location and the procedure for the owner to recover the vehide. 10 State law reference -- for state law as to the authority of the county to adopt this section, see. Code of Va. § 46.2-1213. Sec. 12-7. Emergencies: Darldng restrictions. ia/No vehicle shall be stopped at or in the vidnitv of a fire, vehide or airplane accident or other area of emergency, in such a manner as to create a traffic hazard or interfere with police, fire fighters, rescue workers or others whose durv it is to deal with such emergencies. Any vehicle found unlawfully parked in the vicinity of such fire, accident or area of emergencw may be removed by order of a police officer or, in the absence of a police officer, bv order of the uniformed fire or rescue officer in char.re, at the risk and expense of the owner, if such vehicle creates a traffic hazard or interferes with the necessary procedures of police, fire fithters, rescue workers or others whose assieTned duty it is to deal 5vith such emergencies. The charte for such removal shall not exceed the actual and necessary cost. Vehicles being used by accredited information services, such as press, radio and television, when being used for the gatherin< of news. shall be exempt from the provisions of this subsection, except when actualtv obstructing the police, fire fi~hters and rescue workers dealing with such emergencies. (b) It shall be unlawful for the driver of any vehide to park such vehicle within five hundred {500) feet of where any fire apparatus has stopped in answer to a £~re alarm. This section shall not apply to any fire, rescue, police, or other public safety personnel responding to such alarm in the performance of their lawful duties. iPrevious § 12-7 Permits for parades and processions is now § 12-6.1, Sec. 12-8 Authoriw of fire department officials to direct traffic, etc. (a) While any fire department is in the process of answering an alarm of fire or extinguishing a fire and returnin? to station, the fire chief or other officer in charge of such fire depmxmeur at that time shall have the authority to maintain order at the fire or its vicinity, direct the actions of the firemen at the fire, keep bystanders or other persons at a safe distance from the fire and fire equipment, facilitate the speedy movement and oueration of fire fighting equipment and firemen and until the arrival of a police officer, direct and control traffic in person or by deputy and facilitate the movement of traffic. 11 (b) The fire chief or other officer in charge shall display his fireman's badge or other identification of authority. Notwithstanding any other provision of law, this authority shall extend to the activation of traffic control signals designed to facilitate the safe eD'ess and ingress of fire fi~htin? equipment at a fire station. Any person refusing to obey the orders of the fire chief or his deputies or other officer in char?e at that time shall, upon conviction thereof, be punished by a fine of not less than ten dollars nor more than one hundred dollars. ICode 1967, § 12-7; 4-13-88) For state law as authority of fire department to activate electric traffic control sikmals when on duty, see Code of Va., § 46.1-1841e ). iPrevious § 12-8 Putting glass, etc., on highway vrohibited is now § 12-6.3. ~ .Previous § 12-8.1, Parking-Certain restrict areas I snow § 12-5.1 Restricted areas -- handica~ved Darking.~ Sec. 12.9. Compliance with chapter; penalty for violation of chapter. ~a~ It shall be unlawful for any person to refuse, fail or neglect to comply with any of the provisions of this chapter or any rule or regulation promulgated pursuant thereto. (b} Evm7 person convicted of a violation of any of the provisions of this chapter or rule or regulation promulgated pursuant thereto, for which no other penalty is provided, shall be guilty of a traffic infraction, punishable by a fine of not more than one hundred dollars. ~'Code 1967. § 12-14: 8-11-76; 4-13-88~ State law reference--For state law prohibiting county from imposing a penalty for violation of traffic regulations in excess of that imposed for similar offense by the state, see Code of Va., § 46.2-1300. As to state law penalty for violation of motor vehicles and traffic reg21ations generally, see Code of Va.. § 46.2-113. Sec. 12-8.2. 12-9.1 Same--Enforcement of parking regulations: nonce of violations: waiver of trial: contesting charges; penalties. (al Police officers and other uniformed personnel designated by the chief of police to enforce the parking provisions of this Code shall post a written notice of 12 violation on the windshield of each vehide found illegally parked. Such notice of violation shall state that the recipient of the notice may elect to waive his or her fight to appear atd be tried for the offense or offenses indicated in the notice. (b) Persons desiring to waive trial may do so by voluntarily remitting to the office of the director of finance the amount of the fine stipulated for each violation marked on the notice. Such fines shall be levied in accordance with the schedule set forth in subsection l e) of this section. If the required amount is not received in the office of the director of finance or mailed and postmarked within forty-eight hours · after the notice of violation is issued, the amount of the applicable fine shall be doubled. ~c~ Whenever the fines are paid by mail, the responsibility for receipt of the payment by the director of finance shall lie with the registered owner of the vehicle parked in violation. Payment may be made by personal check: provided, that if such check is returned for insufficient fnnds, the vehicle owner shall remain liable for the parking violations, and shall likewise be subject to a service charge of twenty ~vc dollars ($25.00 20.00) for processing the returned check. (dl Any redpient of a notice of violation desiring to contest the charges dted in the notice shall appear at the office of the director of finance and, on forms provided by the director of finance, file a written request for admin/strative review and dismissal of the charges. The facts of the request shall be reviewed and commented upon by a representative of the director of finance and a representative of the police department, who shall recommend whether the request should be approved or denied. Acting on such request and recommendation, the director of finance shall decide whether the charge shall be dismissed. The recipient of the notice shall indicate on the request for review whether a hearing in court is demanded in the event the request for dismissal is denied. If the request for review is made within ~ nineW-six (96) hours of the violation, the recipient shall have an additional ~ ninety-six (961 hours after denial of the request to remit the fine. before the amount thereof is doubled. (el The schedule of fines shall be as follows: Offense Parldng on Sidewalk Paid before 48 hours Paid after 48 hour~ I0.00 20.00 13 Blod<in~ Driveway 10.00 20.00 Parking wittdn 15 feet of fire hydrant I0.00 20.00 lO.O0 20.00 io.oo 2o.qq 10.00 20.00 25.00 50.00 I0.00 20.00 Parldne witJ!in bus zone Parking in crosswalk Double Parking Parking in Fire Lane Parkin? in loadine zone Parking in prohibited zone 10.00 20.00 Overtime oarkin 5.00 10._00 Parldng within 50 feet of railroad crossing 10.00 20._00 Parking alongside or OPPosite stree obstruction or excavation I0.00 20.09 Parking on bridg~ 10.00 20.00 Parking where otherwise nrohibited I0.00 20.00 No County Deca4_ 25.00 50.00 Hm~dicanoed Parldng 125.00 250.00 (f) Any vehide owner who fails to respond to a notice of violation, either by paCng the stipulated fines or by filing a request for review or hearing with the director of finance within ten days, shall be subject to summons and arrest pursuant to section 46.2-941 of the Code of Virginia. State law reference--For state law as to authority of county to adopt this section, see Code of Va. § 46.2-1225. (This section was previously § 12-8.2. ) Sec. 12-9.2. Presumntion in prosecution for parking violations. In any prosecution for a violation of any nrovision of this artide, proof that the vehicle described in the citation or summons was in violation of such provision, totether with proof that the defendant was, at the time of such violation, the registered owner of the vehicle, as required by chapter 12 of title 46,2 of the Code of Vireinia, shall constitute in evidence a rebuttable ~resumption that such re~4stered owner was the oerson who committed the violation which occurred. 14 State law reference -- for state law as to the authoriw of the county to adopt this section, see Code of Va. § 46.2-1220. Sec. 12-9.3. Removal or immobilization of vehicles with outstaz~dint! parking violations. (a) Any vehide Dad<ed or stouoed on any r)ublic highway, public road or public properW atainst which there are three or more urn)aid or unsettled parking violation notices may be removed or immobilized or caused to be removed or inmaobilized bv police officers or other uniformed personnel desiEnated bv the chief of police. Such immobilization shall be in a mariner which will prevent the removal or operation of the vehide e~xcer)t by authorized law enforcement personnel. (b) The police department shall, as soon as possible after the vehide has been removed or immobilized, noti .fy the owner of such vehide of the nature and circumstances of the prior unsettled or tmuaid Darkin_e violation notices. If the vehicle has been immobilized or caused to be immobilized by the law enforcement personnel, such uersonnel shall place on the vehicle, in a conspicuous manner, a notice warnin~ that the vehicle has been immobilized and attempts to move the vehicle could damage it. { c) The owner of an immobilized vehide, or the owner's a~ent, has twenw- four (24 ~ hours from the time the vehicle was immobilized to secure the release of the vehicle. ,a2:ter that time. Dolice officers or other uniformed personnel designated by the chief of police may remove or cause to be removed the vehicle to a storage facility. .(d) If the owner refuses or fails to pay the outstanding parking violation notices and the costs, or the owner is not ascertainable after a dili.~ent search by the police department, the finance department shall send notice to last known address of the owner and to the holder of any lien of record on the vehide. The vehide shall then be sub] ect to the sale provisions of Va. Code § 46.2-1209. State law reference -- for state law as to the authority of the county to adopt this section, see Code of Va. § 46.2-1216. P?dnC~NG. OKO 15 Date: 5/21/97 ZMA # 96-28 Original Proffer Amended Proffer (Amendment # ) 93A1 Parcel 1 'Fax Map Parcel(s)# 93-61, 93-61A, 93-6.1B 6.6 Acres to be rezoned from pBZ) & RA to PRD Pursuant to Section.33.3 of the Albemarle Counby Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezone& These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such 'conditions have a reasonable relation to the rezoning requested. The development of the Property will be limited to those uses allowed by right uMer Section 19.3.1 (1), (5), (6), (7), (8), (9) and (10) of the Zoning Ordinance of Albemarle County, V'~oinia (here'mailer referred to as the Zoning Ordinance) a~ that Section is in effect on April 16, 1997, with a residential development not to exceed 764 single family units together with a site for a school, and a site for a fire house, either ofwhich sites may be used for other public use facilities, and development of a private country club and recreational facilities including but not limited to tennis, swimming, a golf course with related club house, and equestrian center. To be excluded fi.om use by right or special use permit under the Zoning Ordinance are Section 19.3.1 (2) and (3); and Section 19.3.2 (1), (3), (5), (6) and (7). Upon the request of Albemarle County, Virginia, to donate by gift to Albemarle County or its designee, subject to items of record affecting title, for a public school or other public use facilities as the County may select a parcel of approximately 27.0 acres as shown on the Application Plan for Glenmore made by Clower Associates, Inc. dated November 2, 1990, together with an appropriate fight of way, provided ~wner may require reasonable visual screening/buffering oftbe 27 acres. 3. Upon the request of Albemarle County, Virginia, to donate by gift to Albemarle County or its designee, subject to items of record affecting title, for a fire department or other public use facilities as the County may select a parcel of approximately 6.0 acres as shown on the Application Plan for Glenmore made by Clower Associates, Inc. dated November 2, 1990, together with an appropriate right of way, provided owner may require reasonable visual screening/buffering of the six acres. tAY t 3 1997 Planning Dep't. At the time of closing oftbe sale of each residential lot or the issuance of a certificate of occupancy for each residential lot, whichever first occurs, to contribute $1000.00 to an escrow fund to be established by Albemarle County for (I) a school capital improvement fund for use by Albemarle County to either expand the capacity of Stone Robinson Elementary School or to construct a new school on the site described in paragraph 2 of this proffer, or (2) the costs, including any awards to the owner of the mineral rights for the property described in paragraphs 2 and 3 of this proffer, or (3) other items in the Albemarle County Capital Improvement Program (C.I.P.) related to this project (Glenmore) or to other items not normally included in C.I.P. directly related to this project (Glenmore). These funds shall be held by the County in an interest bearing account with an annual accounting to the owner. All interest earned on the account shall be used for the same purposes as the original $1000.00 contribution. It is requested that Frank A. Kessler or his family be consulted in connection with naming of any facilities for which these funds are used. 5. To provide water and sewer collection, distribution and treatment facilities at the owner's expense for the residential lots in Glenmore and private dub and to dedicate such facilities to the Albemarle County Service Authority and/or the Rivanna Service Authority. These facilities are to be built at no cost to the taxpayers of Albemarle County or to the customers of the Albemarle County Service Authority. 6. To reserve along the boundary of the Property adjacent to the Rivam~a River a 100 Foot wide gre~ belt. No buildings shall be constructed, or erected within the green belt without the consent of Albemarle County and it shall be preserved in its natural state except for building of pedestrian and riding trails and general beautification including but not limited to the fearing of underbrush, removal of dead trees and shrubs, and cleanup of the fiver. The owner may grant across the green belt utility easements, access easements to the Rivanna River for residents of Glenmore and members and guests of the private country club and may build riding trails or make similar uses of the area. At such time as the County of Albemarle decides to establish along the Rivanna River a public area or park, the 100 foot wide green belt area, upon the request of Albemarle County, will be conveyed by gilt and dedicated to the County, provided the uses allowed for utilities, accesses to the river, and riding trails, etc. are reserved in the deed ofgiR and provided further that the green belt area will continue to be counted a s open space for the purposes of the GIenmore Master Plan and required density. The green belt may continue tc be maintained by the owner of the property, however in the absence of such maintenance Albemarle County at its option may maintain the 100 foot wide green belt. (a) Road A as shown on the Application Plan of Glenmore made by Clower Associates, Inc. dated November 2, 1990 shall be built at time of residential lot development to VDOT standards and placed in the State Secondary System fi-om U. S. Route 250E to Point ~ as shown on the aforesaid Application Plan of Glenmore. (b) Upon request of Albemarle County, Virginia, to dedicate as right-of-way for public road proposes (i) a strip ofland'not to exceed sixty (60) feet in width from Point A to Point B as Shown on the aforesaid Application Plan of Glenmore and (ii) an existing strip of land of variable width owned by the owner bom Point B to Point C as shown on the aforesaid Application Plan of Glenmore. (c) To construct a road to VDOT standards from Point C extending through the northeastern portion of the development in a location and with a termination point to be determined by the owner. It is intended that this roadway shall provide access to properties northeast of Glenmore in at least one ~location. To dedicate at such time as owner may select or upon request of Albemarle County, Virginia, wl~fichever first occurs, the road described in this paragraph, 7 (c), together with a right-of-way, including the built road, not to exceed 60 feet in width. (a) To construct within the existing right~of-way ofU. S. Route 250E and if necessary partially on the property currently owned by owner an ultimate entrance to serve Glenmore. This shall be constructed at the time of initial residential lot development in Glenmore or at a later date if approved by VDOT. (b) To install upon the request of VDOT on U. S. Route 250E at the entrance to Glenmore a traffic signal, provided the request from VDOT is made prior to completion of Glenmore which for purposes of this paragraph shall be deemed to be the day the last residential lot is sold to a third party purchaser or 15 years from date of final approval bfthe Zoning Map Amendment, whichever first occurs. (c) Providing the work is completed within 15 years from date of final approval of this Zoning Map Amendment, to contribute upon completion (i) a pro-rata contribution of the cost of construction (as hereinafter defined) to four-lane U. S. Route 250E from the Glenmore entranceto Route 22, or (ii) $500,000.00, whichever sum is less. A traffic count on U. S. Route 250E shall be made by VDOT immediately to the east of the imersection of U. S. Route 250E and Route 22 within a reasonable time prior to construction with the pro-rata contribution of the owner detemained by a formula which includes a fraction the numerator of which is the traffic count on U. S. Rome 250E between the Glenmore entrance and Route 22 attributable to residences in Glenmore and to the country club facility in Glenmore (Glenmore Traffic) and the denominator of which is the total traffic count on U.S. Route 250E between the Glenmore entrance and Route 22 (Total Traffic) as follows: Glenmore Traffic X Construction Cost = Pro-Rata Contribution Total Traffic 9. In the event that there shall not have been substantial performance of proffers contained in paragraphs 2~ 3, 4 and 5 within ten (10) years from the date of final approval of this Zoning Map Amendment, then the undersigned applicant agrees to waive his rights under Virginia Code Section 15.1-491 (al). Substantial performance shall include (1) donation of the land described in paragraphs 2 and 3 of this proffer, if requested by Albemarle County, (2) payment of at least $150,000.00 in cash pursuant to paragraph 4 of this proffer, and (3) construction and dedication to the appropriate authorities of the public water and sewer facilities pursuant to paragraph 5 of this proffer. 10. Development shall be in general accord with the Application Plan dated November 2, 1990 revised May 13, 1997, and Glenmore Rezoning Application dated September 24, 1990 and amended November 2, 1990 including textual program ofdevelopmem as approved under ZMA-90-19 and amended by subsequent rezoning actions. Final development plans shall incorporate all comments and recommendations of the SRC of October 11, 1990 11. Maintenance of private roads and private drives serving two lots will be in accord with Section 18-7 ired Section 18-36 of the County's Subdivision Ordinance as it exists on April 16, 1997. 12. At least one deputized security oflScer (special police officer) shall be employed for security purposes. 13. Vehicular access to Section 41 of Olenmore will be flu'ough the existing private road network within Glenmore. Ashton Road may be used for emergency access. This proffer does not affect Proffer 7 above. 14. These proffers are substituted in place of proffers dated November 8, 1990. These proffers mn with tl~ land. Upon transfer of title by Randolph R. Lang and Catherine Childs Lang to Glenmore Associates limited Partnership of their real estate subject to these protfe~ Randolph R. l. an,~ and Catherine Childs Lang shall have no further personal obligation regarding the terms herein. GLENMORE ASSOCIATES LIHTTED PARTNERSHIP /~ja~Njres of All Own~,~ Printed Names of All Owners ~'t~'q7 Date 7 GL~TES LIMITED PARTNERSHIP ' Da~ / ' OR Signature of Attorney-in-Fact (Attach Proper Power of Attorney) Printed Name of Attorney-in-Fact COUNTY OF ALBEMARLE Department of Planning & Community Development MEMORANDUM 804/296-5823 TO: FROM: DATE: RE: Albemarle County Board of Supervisors V. wayne Cilimberg, Director of Planning and Community Development May 13, 1997 Amendment to Glenmore Planned Residential District You will £md in this packet the original staff report provided to the Planning Commission on March 25, 1997 for ZMA 96-28 by Glenmore Associates, et.al. Since application was made originally for the Glenmore PRD rezoning, the County has received three sets of proffers. The original set of proffers is attached to the original staff report. The set that the Planning Commission received was a "reconstitution" or "rewording" of those same proffers (also enclosed for information only). And the third set of proffers contains revisions made in response m comments made at the planning Commission meeting. This memo specifically covers the third set of proffers. The effect of the proffers under consideration by the Board is as follows: 1997 Proffer 1. adds the parenthetical phrase, "hereinafter referred m as the Zoning Ordinance" after making reference to the Zoning Ordinance of Albemarle County and stated that residential development would not exceed 764 (instead of 750) units. The 1997 proffer also adds the phrase, "as that Section is in effect on April 16, 1997" for future reference. 1997 Proffer 2. deletes the word "access" when describing the "right-of-way" to the 6.0 acres on the Application Plan for a fire department. This right-of-way exists and the word access is not needed. Proffer #2 also adds the words, "dated November 2, 1990" to the description of the original Clower Associates Application Plan for reference. 1997 Proffer 3. adds the words, "dated November 2, 1990" to the description of the original Clower Associates Application Plan for reference. 4. 1997 Proffer 5. deletes the word "country" when describing the private club. The word "country" is not necessary. The 1997 proffer also adds the words, "dated November 2, 1990" to identify the original Clower Associates Application Plan. 1997 Proffer 7 adds the words, "dated November 2, 1990" to the description of the original Clower Associates Application Plan for reference. 1997 Proffer 10 replaces the phrase "as described in Exhibit B to the petition", in the sentence, "Development shall be in general accord with the Application Plan and Glenmore Rezoning Application including textual program of development as described in Exhibit B to the petition" with the following sentence. "Development shall be in general accord with the Application Plan dated November 2. 1990, revised May 13, 1997 and Glenmore Rezoning Application dated Sentember 24, 1990 and amended November 2~ 1990 including textual program of development as approved under ZMA- 90-19 and amended bv subsequent rezoning actions." This change updates what has happened with Glenmore since the original approval and the proffers revised from the Planning Commission meeting. 1997 Proffer 11. deletes the statement, "All private roads shall be constructed to VDOT mountainous terrain standards, however, clearing of private road easements shall be restricted to matters of safety as identified by the County Engineer in the final review process" This proffer has beei~modified and is now a part of the General Conditions. An analysis of the effects of the change from private roads constructed to meet public road standards to private roads~constmcted to meet private and public standards was made in the original staff report. 1997 Proffer 11. now contains the statemem, "Maintenance of private roads and private drives serwng two lots will be:in accord with Section 18-7 and Section 18-36 of the County's Subdivision Ordinance as it exists on April 16, 1997". This statemem replaces the phrase, "Road maintenance fees shall be in accord with VDOT subdivision streets maintenance fees (as amended from time to time)and prowsions satisfactory to the County Attorney shall be made for continuous collection and expenditure of such fees." The change was made to clarify that, regardless of which type of private road is installed, (either to serve two lots with a private driveway or to serve 3 - 5 lots with a private road) it will be maintained and it will be in a form acceptable to the county attorney as the Planning Commission determines is necessary to protect the public interest. 199'7 Proffers 12. was stated previously as part of Proffer 11. No changes are proposed. 1997 Proffer 13 has been added to address concerns raised of adjacent property owners that residents from Glenmore and construction traffic will use Ashton Road which currently provides access to the Lang properties and the Tillman property. (An agreement for the Tillman property to gain access through the Glenmore road system has been signed and ratified by the Glenmore Homeowner's Association.) The revised proffer states that, "Vehicular access to Section 41 of Glenmore will be through the existing private road network within Glenmom. Ashton Road may be used for emergency access. This proffer does not affect Proffer 7 above." With the new proffer 13, the developer has agreed that he will not use Ashton Road for access, even though he owns the right-of-way, unless it is used to provide emergency access. 10. 11. Proffer 7, which speaks about access to the remainder of the Rivanna Village through Ashton Road, is not affected by the new Proffer 13. 1997 Chart II: Summary of Acres and Densities by Tract: 14.78 acres has been added to the total acreage and shown in Tract 41 to correspond with the Lang properties which have been and are being acquired. The total acreage is being increased by 14.78 acres. The minimum number of lots are changed from 18 to 34 and the maximum number of lots are changed from 80 - 136. This Chart II references the original application plan for a map showing Tract 41 which now includes the Lang properties. 1997 Chart II Note: The note at the bottom of the chart is changed to say that "Even though the last column shows 2,084 potential lots (at smallest lot size), the Developer will adhere to a maximum limit of 764 dwelling units (of varying lot sizes). The effect of the changes on the chart is to show the range of possibilities but not to increase the number of lots by more than 6, as described in the staff report. 12. 1997 General Conditions #2 is changed to reflect 764 units. 13. 1997 General Conditions #10 deletes the references to Forest Lakes in 10. c. and 10. d. 14. 1997 General Conditions # 11 adds the standards for private roads in Glenmore, which were described in the staff report. 15. 1997 General Conditions # 12 adds the yard requirements in a., b., c., and d. which were approved in 1994 and deletes the reference to Section D, since Section D has already been bu/lt and would not be affected by this rezoning. 16. Chart II a: Summary of Areas and Densities 0f Developed Areas is included in the proffers for information only. This summary shows the current number of lots and acreage platted, to date, and the current amount of acreage in roads and open space. Additionally, the following phrase has been added to the Proffers: These proffers run with the land Upon transfer of title by Randolph R. Lang and Catherine Childs Lang to Glenmore Associates Limited Partnership of their real estate subdect to these proffers. Randolph R. Lang and Catherine Childs Lang shall have no fur[her personal obligation regarding the terms herein. This phrase has been approved by the County Attorney for addition to the proffer form; it does not affect the proffers in any way, since the proffers mn with the land. Staff Recommendation: Staff recommends approval of the PRD Amendment as presented. BOARD OF SUPERVISORS 05-15-97A13:0~ RCVD Stephen Runkle Forest Lakes Associates 1824 Timberwood Boulevard Charlottesville, VA 22911 Jo Anne Ebersold 2688 Powell Creek Drive Charlottesville, VA 22911 May12,1997 I appreciate you and Robin meeting with me on April 8, 1997 and apologize for the delay in acknowledging this. As I mentioned, [ do plan on continuing to pursue getting a cul-de-sac for the neighborhood of Powell Creek. A recent traffic count showed over 1200 cars a day use our small neighborhood as a throughway. With increased building and your desire to open the road over the dam th/s situation could only get worse. After speaking with neighbors and residents of Hollymead, Forest Lakes North and Forest Lakes South it appears that those most anxious to keep this road open are not homeowners in these developments. My neighbors and I hope to convince the Board of Supervisors that accepting a zoning change for Powell Creek Drive will not only help reduce the threat to the safety and security of our neighborhood and others but it will also greatly enhance the safew of the school children, some of whom are not assigned bus space, as they walk or ride bikes to school. In closing, I hope that you will assist us in getting our neighborhood on a par with eveu other neighborhood in Forest Lakes. Sincerely, Jo Anne Ebersold CC: FLCA, Vytas Kavolius Hilda Washington Clerk, Board of Supervisors Wayne Cilimberg Angela Tucker, VDOT Robin Amato Mark Henry Residents of Powell Creek Z . - / STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: ELAINE K. ECHOLS, AICP MARCH 25, 1997 APRIL 16, 1997 ZMA 96-28 GLENMORE ASSOCIATES LIMITED PARTNERSHIP (applicant~: GLENMORE ASSOCIATES LIMITED PARTNERSHIP and RANDOLPH LANG & CATHERINE CHILDS LANG (owners} Applicant's Proposal: The applicant' Glenmore Associates, proposes to rezone 6.6 acres from RA, Rural Areas to PRD, Planned Residential Development in order to add adjoining land into the Glenmore PRD. Additionally, the applicant would like to change two of the existing proffers for the Glenmore development to allow the use of private driveways using Table A standards of the Albemarle County subdivision ordinance and to remove language which references the Forest Lakes development from the lot requirements. The clarified proffers would apply to all undeveloped parcels currently under the ownership of Glenmore Associates. Specifically, the revised proffers Would make the following changes Add 6:6 acres to the Glenmore development. Increase the maximum number, of single family units to 764. Remove the reference to "Forest Lakes" for lot frontage on cul-de-sacs Remove the reference to "Forest Lakes" for "flag shaped" lots Add language to allow the utilization of private driveways using Table A standards of the Subdivision Ordinance Attached to this staff report is a copy of the revised proffers for the development. A reduced copy of the development plan is also attached. Petition: The petition to rezone property described as Tax Map 93, parcels 61 & 6lB would enable these properties to be included in the Glenmore PRD. The properties are lOcated in the Scottsville Magisterial District, within the designated growth area of Rivanna Village. The area is recommended for Neighborhood Density Residential (3 - 6 dwelling units per acre) Character ~if the Area: The parcels to be added to Glenmore are each developed with a single family dwelling. Parcel 61, which has 4.267 acres, contains a one story frame house; three frame sheds, and a pond. Parcel 61 B contains a manufactured home on 2.3 acres which was approved by Special Use Permit in 1989. Th~ owner intends to remove the manufactured home before conveying the property to the applicant. These properties are two of the remaining three developed properties completely surrounded by the Glenmore PPD. To the south of the property is the existing Glenmore development of single family homes and open space. To the north are undeveloped Glenmore properties. Further north and east are rural developed properties and several large undeveloped tracts. To the west are single family homes that are not part of the Glenmore development. Surr0unding properties which are not part of Glenmore are zoned RA Rural Areas and also are recommended for neighborhood density of 3 - 6 dwelling units per acre. RECOMMENDATION: Staff has reviewed this request for conformity with the Comprehensive Plan and the Zoning Ordinance and recommends approval. Planning and Zoning History; In December 1989, the Board of Supervisors created the Village of Rivanna in the Comprehensive Plan. Density of development was acknowledged as suitable m Village Residential zoning which was 0.7 to 1.09 dwelling units per acre. In the 1996 Land Use Plan, the recommended density~ for the Village increased to 3 to 6 dwelling units per acre. In 1990, the Board of Supervisors approved the Glenmore Planned Residential Development at a gross density of 0.63 dwelling units per acre. Between 1990 and this submittal, there have been several minor adjustments/clarifications related to the original approval. In 1994, the Board approved the addition of 8.028 acres into Glenmore which was a property adjoining the parcels under review at this time. In 1995, the Board of Supervisors amended the setback requirements in the development. Comprehensive Plan: The property in question is designated for Neighborhood Density Residential (3 - 6 du/acre) in the Rivanna Village. Specific recommendations in the Comprehensive Plan 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 enaouraging 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 The proposal to increase the boundaries of the Glenmore PRD and modify the proffers would not conflict with any aspect of the specific recommendations. The proposal, however, would not increase density to the recommended minimum 3 dwelling units per acre. This issue is discussed in the "Staff Comment" section below. 2 Staff Comment: Staff has reviewed the proposal for any impacts on nearby and surrounding properties, traffic, public utilities, and schools. No impact on nearby and surrounding properties is anticipated because the subject properties are already completely surrounded by Glenmore and this proposal would alloW the properties to be further developed in keeping with the Glenmore Plan. Regarding traffic, a previous proffer to install a traffic signal on and upgrade a portion of U.S. Route 250 may be enforced by the County whenever the County and the Virginia Department of Transportation O/DOT) deem it appropriate. VDOT has indicated that studies need to begin to determine when the signal will be warranted. For water and sewer service, the Albemarle County Service Authority has indicated that there is sufficient capacity of water and sewer service for the development of six additional houses. No impact would be anticipated on Albemarle County Schools. The six additional houses would result in an anticipated maximum of three students spread out over the elementary, middle school, and high school level. Staff has also reviewed the proposal for anticipated results of increased density for the Glenmore Development and the results of modifying the proffers. These issues are addressed below: Additional acreage and increase in the maximum number of units: Section 19.5.2 of the Zoning Ordinance says that, for Planned Residential Districts (PRD): "Additional area may be added m an established PRD district if it adjoins and forms a logical addition to the approved development. The procedure for an addition shall be the same as if an original application were filed, and all requirements shall apply except the minimum acreage requirements of Section 19,5.1" At present, them are 1149.4 acres in Glenmore. The request to rezone parcels totaling 6.6 acres would result in 1156 acres for the development. The applicant previously proffered that the number of dwelling units in Glenmore would be no greater than 758. A proffer with this development proposal would result in six more dwelling units or a total of 764 dwelling units for the entire development. These parcels under consideration for rezoning are two of the remaining three properties internal to, but not part of, Glenmore. There are three remaining development rights on the property which would yield another three lots and dwelling units under the RA zoning. Staff believes that the properties make a logical addition to the approved development. The proposed density is less than that proposed in the Land Use Plan, but more than what could be achieved with the existing RA zoning. Changes to Lot Characteristics: In the General Conditions, the original application for Glenmore set lot guidelines as follows: aa Single-family lots may front on and have direct access onto the spine road where topographic conditions and other site constraints dictate. Frontage on cul-de-sacs may be reduced to thirty-five (35) feet (as utilized in Forest lakes). Co Access easements shall be provided to any lots that do not front directly onto the road or street. d. Flag lots shall be permitted (as utilized in Forest Lakes). The issue here is !hat the descriptive phrase in Co) and (d), "as utilized in Forest Lakes" has become confusing in its application. '~he phrase was never intended to be used as a "standard" for furore use of cul-de-sacs or flag lots; rather, the phrase was provided to give an image of a type of lot layout that Glenmore would like to employ. The applicant would like to remove the phrase altogether. By remowng the~phrase, the applicant will not have lot configuration and standards dependent on lot configuration and standards of Forest Lakes. More flexibility in lot configuration potentially can be obtained. Utilization of Private Drives Meeting Table A Standards: In the original rezoning request, the applicant proffered to construct all roads in Glenmore to public road (VDOT) mountainous terrain standards. Now, the applicant also would like to provide private roads that meet the County's private road standards for two to five lots. The standards are located in Table A of the Subdivision Ordinance which is attached. By making this request, the applicant is asking for more flexibility in the way that lots can be created in this planned development. While this change would be a departure from the original proffer, it would allow for the ability m provide access to lots in places where public road standards would result in environmental degradafion~ Maintenance agreements would be developed for the property owners whose access is shared along the private drives. The County would also ensure that these private drives meet current County standards for emergency vehicles "turn-arounds". (Cul-de-sacs are not mandatory; "Y' or "hammerhead configurations" would also be available.) The ability to utilize private drives in an urban neighborhood would also provide more opportunities for creative lot development within an established PRD. The results of Glenmore's efforts could be used as part of the Development Initiatives Study. Density: The issue of increasing the density of Glenmore is an interesting one. On the one hand, the original Proposal for Glenmore was made under a "Village Density" land use classification which had a density range of 0.7 to 1.09 dwelling units per acre. Glenmore has been developed 4 using this low density approach. Now that the Comprehensive Plan recommends an increase in the density of Rivanna Village, and Glenmore is bringing in two new parcels for inclusion in the development, the question of a need for increased density in Glenmore is raised. The applicant has proposed to limit the number of new lots m no more than one Ufflt per acre. Overall density of the development would be raised from 0.63 to 0.66 dwelling units per acre. To reflect the Comprehensive Plan, the density, of the development would have m be tripled; yet there are envkonmental constraints, open space and recreational preferences that must be reckoned with. Additionally, the character of the existing development is one of low density with a variety of housing types within a self-contained community. While the applicant could propose to increase density of the development with this proposal, staff believes that it is wise to postpone any increase in density until the Development Initiatives pro2ect is completed. Summary_ and Recommendation The requested changes for the Glenmore developmem are reasonable requests for additional acreage and the ability to better utilize areas for development within the boundaries of the PPD. No impact is expected on adjacent properties by the addition of the 6.6 acres, clarification of the lot standards and additinn of private driveways meeting the Table A standards. The land use itself is in keeping with the Comprehensive Plan. And, while the proposed rezoning does not meet the Comprehensive Plan proposed density, it is consistent with the character of the exisfmg Glenmore development. Future changes in density are not precluded, once the Development Initiatives project is complete. Staff recommends approval of the proposed rezoning and modifications of existing proffers for the Glenmore PRD. ATTACHMENTS: A- Survey of Properties B - Table A Standards from Subdivision Ordinance C - Proffer Letter D - Glenmote Conceptual Plan A:~ZMA9628.RI:T ATJ~-A~R-M E N T AJ 100 50 0 I I I PLAT SHOWING LOT IA-B, BEING A PORTION OF LOT IA ASSHOWN ON PLAT RECORDED IN DEED BOOK 917, PAGE 398 RIVANNA MAG;STERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA JUNE 19, 1990 JCALE: 1" = !00' . Singl~-FamHy Detached Residential (Also Agricultural) NUMBER OF LOTS SERVED BY ROAD WIDTH OF sURFACE MINIMUM SEGMENT* TRAVELWAY DEPTH OF BAsE TREATMENT SIGHT DISTANCE · (In accordance with ' O/DOT Aggregate (Except a~ otherwise VDOT metJ~log), for ~se) expressl~ provided stopping sight disl~nce) Family Division Only . (Any number of lots) See note** :"' See ~ote** See note** See note** 2 Lots See note** . See note** See note** See note** 14 Feet (In addition to ' Not required (un ess 3 - 5 Lots 4 fooc shoulders and 6" - # 25 or # 26 *** r OO Feet slope exceeds 7%) ditch requ rements) 6 Lots or hlore . Shallbe designed to VDOT HOUNTAINOUS TERRAIN Standards. *NUMBER OF LOTS SERVED shall mean the aggregate of all lots served, by such road segment and all lots having access over such segment to a public road. ROAD SEGMENT shall faean each portion of a private road between its intersection with other priva~6or public roads. (See illustration below.) **The surveyor shall certify on the plat that the existing and/or proposed right-of-way is of adequate width and horizontal and vertical alignment to accommodate a travelway passable by ordinary passenger vehicles in all but temporarY extreme weather conditions, together with area adequate for maintenance of such travelway. Such certification may be accomplished by the following' wording on the plat: "This private, road will provide reasonable access by motor vehicle as required by § 18-36 ofthe Albemarle County Code. This provision includes family divisions, * ?*If slope exceeds seven percent~ 6" of #21 or #21A and prime & double seal are required ILLUSTRATION TO ACCOMPANY NOTE ONE: PUBI_IC ROAD NUMBER OF LOTS SERVED: Segment A: Lots on segment A Segment C ' Lots on Segments A, B, and C Segment E ~ Lots on Segments A,B, C, D nnd E Note: Any lot with frontage on more than one road segment shall be couiated on each road segment On which such lot fronts, unless access is specifically restricted by notation on the final plat. ,THE- KESSLER GROUP Don Franca PE. March 24, 1997 Ms. Elaine Echols Albemarle County Department of Planning and Community Development 401 MeIntire Road Charlottesville, VA 22901-4596 re: ZMA 96-28 Glenmore Associates Dear Ms. Echols: On behalf of Glenmore Associates, I am pleased to submit the following documents: Chart IIa which summarizes the acreage and densities of areas developed to date; revised proffers on the County's standard form; amended General Conditions section for the textual statement; and 14 copies of a supplemental development plan (prepared 3/20/97) showing the relation of future areas of development to the developed lots and infrastructure. Please do not hesitate to contact me at your earliest convenience if you have questions or require additional information. Sincerely, . Don Franco, P.E. ]997 1~O 8ox 5207. Charlottesville. Va. 22905 (804- 979-9500 FAX (80,3~ 979-8055 f Chart IIa: Summary of Areas and Densities of Developed Areas Phase/Tract Acreage Lots Platted Lots ~ Roads Open Space A 7.392 13 B 8.670 ' 19 (2 33.144 48 D 12.042 70 E 5.866 I ' 12 F I 23.696 52 G [ 8.693 14 H 13.039 29 I 21.435 35 $ 8.538 I 10 K 10.619 [ 66.988 39.970 12 L ' 4.908 I 7 M 10.491 ' 1.360 10.335 18' 34 50 305 339 ' ', ' · 168.533 68. 8 I ha.~e l,Subtotal. N 7 O I 60 P 47.807 7.437 9 200 6 P2A P2B 33.919 3.308 34.645 , 48 Q 10.733 1.i40 0.570 19 R 8.332 2.219 8.817 37 , Phase 2 Subtotal: 100.791 I4.104 53.232 " 177 Total: 269.324 82.452 103 537 549 Date: .~/18./97 ZMA # Original Proffer Amended Proffer (Amendment # ) PROFFER FORM 93A1 Parcel 1 93-61, 93-61A '96-28 Tax Map Parcel(s) # 93-61B 6.6 Acres to be rezoned frorr~Rb & AA to PAD 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 thati (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested. !. The development 0fthe Property will be limited to those uses allowed by right under Section 19.3.1 (1), (5)~ (6), (7), (8), (9) and (10) of the Zoning Ordinance of Albemarle County, Virginia (hereinafter referred to as the Zoning Ordinance), with a residential development not to exceed 764 single family units together with a site for a school, and a site for a fire hOUse, either of which sites may be used for other public use facilities, and development ora private country club and recreational facilities including but not limited to tennis, swimming, a golf course with related club house, and equestrian center. To be excluded from use by right or special use permit under the Zoning Ordinance are Section 19.3;1 (2) and (3); and Section 19.3.2 (1), (3), (5), (6) and (7). Upon the request of Albemarle County, Virginia, to donate by gift to Albemarle County or its designee, subject to items of record affecting title, for a public school or other public use facilities as the County may select a parcel of approximately 27.0 acres as shown onthe Application Plan for Glenmore made by Clower Associates, Inc., together with an appropriate right of way, provided owner ma3~ require reasonable visual screening/buffering of the 27 acres. 3. Upon the request of Albemarle County, Virginia, to donate by gift to Albemarle County or its designee, subject to items ofrecord affecting title, for a ftre depaxhnent or other public use facilities as the County may select a parcel of approximately 6.0 acres as shown on the Application Plan for Glenmore made by Clower Associates, Inc., together with an appropriate right of way, provided owner may require reasonable visual screening/buffering of the six acres. 4. ,'~At the time of closing o}! e sale of each residential lot or the iss ce of a certificate ofoccupancy for each residential lot, whichever first occurs, to contribute $100~.00 to an escrow fund to be established by Albemarle County for (1) a schoot Capital improvement fund for use by Albemarle County to either expand the capacity of Stone Robinson Elementary School or to construct a new school on the site described in paragraph 2 of this proffer, or (2) the costs, including any awards to the owner of the mineral rights for the property described in paragraphs 2 and 3 of this proffer, or (3) other items in the Albemarle County Capital Improvement Program (C.I.P.) related to this project (Glenmore] or to other items not normally included in C.I.P. directly related to this project {Glenmom]. These funds shall be held by the County in an interest bearing account with an annual accounting to the owner. All interest earned on the account shah be used for the same purposes asthe original $1000.013 contribution. It is requested that Frank A. Kessler or his family be consulted in connection with naming of any facilities for which these funds are used. 5. To provide water and sewer collection, distribution and treatment facilities at his expense for tbe residential lots in Glenmore and private club and to dedicate such facilities to the Albemarle County Service Auflmrity and/or the Rivanna Service Authority. Tbese facilities are to be built at nO cost to the taxpayers of Albemarle County or to the customers of the Albemarle County Service Authority. 6. To reserve along the boundary of the Property adjacent te the Rivanna River a 100 Foot wide green belt. No buildings shall be constructed, or erected within the green belt without the consent of Albemarle County and il shall be preserved in its natural state except for building of pedestrian and ridiog trails and general beautification including but not limited to the clearing of underbrush, removal ot'dead trees and shrubs, and cleanup ofthe river. The owner may grant across the green belt utility easements, access easements to the Rivanna River for residents of Glenmore and members and guests of the private country club and may build riding trails or make similar uses of the area. At such time as the County of Albemarle decides to establish along the Rivanna River a public area or park, the 100 foot wide green belt area, upon the request of Albemarle County, will be conveyed by gift and dedicated to the County, provided the uses allowed for utilities, accesses to the river, and riding trails, etc. are reserved in the deed of gift and provided further that the green belt area will continue to be counted a s open space for the purposes of the Glenmore Master Plan and required density. 3~he green belt may continue to be maintained by the owner of the property, however in the absence of such maintenance Albemarle County at its option may maintain the 100 foot wide green belt. (a) Road A as shown on the Application Plan of Glenmore made by Clower Associates. Inc. shall be built at time of residential lot development to VDOT standards and placed in the State Secondary System from U.S. Route 250E to Point A as shown on the aforesaid Application Plan of Glenmore. (b) Upon request of Albemarle County, Virginia, to dedicate as right-of-way for public road purposes (i) a strip of land not m exceed sixty (60) feet in width from Point A to Point B as Shown on the aforesaid Application Plan of Glenmore and (ii) an existing strip of land of variable width owned by the owner from Point B to Point C as shown on the aforesaid Application Plan of Gleumore. ~{c) To construct a road ~.::~ YDOT standards from Point C extend: through the northeastern portion of the development in a location and with a termination point to be determined by the owner. It is intended that this roadway shall provide access to properties northeast of Glenmore in at least one location. To dedicate at such time as owner may select or upon request of Albemarle County, Virginia, whichever first occurs, the road described in this paragraph, 7 (c), together with a right-of-Way, including the built road, not to exceed 60 feet in width. Ia) To constrnct within the existing right-of-way ofU. S. Route 250E and if necessary partially on the property currently owned by owner an ultimate entrance to serve Glenmore. This shall be constructed at the time of initial residential lot development in Glenmore or at a later date if approved by VDOT. (b) To install upon the request of VDOT on U. S. Route 250E at the entrane~ to Gienmore a traffic signal, provided the request from VDOT is made prior to completion of Glenmore which for purposes of this paragraph shall be deemed to be the day the last residential lot is sold to a third party purchaser or 15 years from date of final approval of the Zoning Map Amendment, whichever first OC:CUFS. (c~ Providing the work is completed within 15 years form date of final approval of this Zoning Map Amendment, to contribute upon completion (i) a pro-rata contribution of the cost of constroction (as hereinafter defined) to four-lane U. S. Route 250E from the Glenmore entrance to Route 22, or (ii) $500,000.00, whichever sum is less. A traffic count on U. S. Route 250E shall be made by VDOT immediately to the east of the intersection ofU. S. Route 250E and Route 22 within a reasonable time prior to construction with the pro-rata contribution of the owner determined by a fomtula which includes a fraction the numerator of which is the traffic count on U. S. Route 250E between the Glenmore entrance and Route 22 attributable to residences in Glenmore and to the country clnb facility in Glenmore (Glenmore Traffic) and the denominator of which is the total traffic count on U.S. Route 250E between the Glenmore entrance and Route 22 (Total Traffic) as follows: Glenmore Traffic X Construction Cost = Pro-Rata Contribution Total Traffic 9. In the event that there shall not have been substantial performance of proffers contained in paragraphs 2, 3, 4 and 5 within ten (10) years from the date of final approval of this Zoning Map Amendment, then the undersigned applicant agrees to waive his rights under Virginia Code Section 15.1~491 (al). Substantial performance shall include (1) donation of the land described in paragraphs 2 and 3 of this proffer, ifrequestedBy Albemarle County, (2) payment of at least $150,000.00 in cash pursuant to paragraph 4 of this proffer, and (3) construction and dedicatiofi'to the appropriate authorities of the t~ublic water and sewer facilities pursuant to paragraph 5 of this proffer. 10. Development shall be in general accord with the Application Plan and Glenmore Rezoning Application including textual program of development as approved under ZMA-90-19 and amended by subsequent rezoning actions. Final development plans shall incorporate all comments and recommendations of the SRC of October 11, 1990. I 1. Road maintenance feeS~;. '~ ~I1 be ~n accord with VDOT sub&wsm ~reets maintenance fees (as amended from time to ~e) and provisions satisfactory to the County Attorney shall be made for continuous collection and expenditure of such fees~ 12. At least one deputized security officer (special police officer) shall be employed for security purposes. 13. These proffers are substituted in place of proffers dated November 8, 1990, Printed Names o! All Owners OR Date Signature of Attorney-in-Fact (Attach Proper Power of Attorney) Printed Name of Attorney-in-Fact General Conditions for Development of the Glenmore PRD The following conditions are applicable to the land uses on the property. 1. The acres noted in Chart I and Chart II may be increased by fifteen percent (15%~ within any tract, tract boundaries may be adjusted to meet field conditions, and tracts may be combined or divided at the time of preliminary plat review provided that: a. Common open space shall not be increased or decreased by more than fifteen percent (15%), provided that the requirements of the sections 4.7 and 19.6.1 of the Albemarle County Zoning Ordinance shall be met; b. The concepts of the Planned Development as they relate to the general location of types of land uses, circulation patterns, etc. are adhered to; c. The total number ofpermitted units and/or density of the development is not increased. d. Regulations as contained herein are adhered to. CHART I GLENMORE PRD LARD USE SUMHARY FILE: LOUSEGM MARCH 24, 1997 ORIGINAL RESIDUE MASTER REMOVE PHASE I PHASE II ADD MASTER PLAN [1) LAND (2) DEV. (3) OEV. (4) LAND (BI PLAN LARD USE: DEVELOPMENT AREAS: RESIDENTIAL TRACTS/SPIRE ROAD 553.00 {226.98) (1)4.90) 14.78 STATE ROAD NOR S.O0 (9.90) FUTURE STATE ROAD ROW 6.00 TERTIARY PLANT 3.00 [2.83) {0,11) SUB-TOTAL 567.00 0.00 {239,71) {115.01) 14.78 227.04 GOLF COURSE /CLUB AREA: GOLF COURSE 155.00 155.00 CLUB AREA 15.00 15.00 MAINTENANCE/RV AREAS: 6.00 6,00 SUB,TOTAL 176.00 0.00 0.00 0.00 0.00 176.00 EGUESTRIAN/OPEN SPACE: EOUEGTRIAN 38.00 38.00 OPEN SPACE 381.02 (20.64) (50.31) (53.23) 256.84 5UB-IOTAL 419.02 (20.64) (50.31) (53.23) 0.00 294.84 OTHER: SCHOOL SITE 27.00 (27.00) 0.00 FIREHOUSE SITE 6.00 (6.00) 0.00 SUB-IOIAL 33.00 (33.00) 0.00 0.00 0.00 0.00 TOTAL 1,195.02 (53.64) (290,02) (168.24) 14.78 697.90 AD3USIMHENIS: (1) RESIDENTIAL TRACTS INCLUDE THE SPINE ROAD ACREAGE (46 ACRES). (2) REMOVE AREA EASY OF GLENHORE HAY FROM PRO. [SI PHASE I INCLUDES SECTIONS ~ THROUGH H, IME STATE ROAD (GLENHORE WAY), AND THE SPINF ROAD {PIPER WAY AND PADDINGION CIRCLE). OPEN SPACE ACREAGE IS FOR DESIGNAIED COMMON AREAS. (4) PHASE II INCLUDES SECTIONS N THROUGH R AND THE PUHP STATION IN SECTION N. {5} ADDED PARCELS INCLUDE TM93~61 (4.268 AC.), TR93-61A {8.207 AC.), AND TH93-618 2.300 AC.). Chaff II: Summary of Acres and Densities by Tract Tract, Acreage Minimum Lots Maximum Lots I 10 9 40 2 6 5 · 24 3 ' 3 3 12 4 34 30 136 5 12 11 48 6 12 11 48 7 12 11 48 8 8 7 32 9 16 14 64 10 5 4 20 11 4 4 16 12 7 6 28 13 13 12 52 14 I 10 9 40 15 5 4 20 16 12 11 48 152 17 38 34 18 3 3 12 19 15 13 60 20 12 11 48 21 8 7 32 ~ ] 29- 26 116 ....... 23 11 l0 44 24 14 13 56 25 15 13 60 Chart Il: Summary of Acres and Densities by Tract (Continued) Tract Acreage Minimum Lots Maximum Lots 26 25 22 100 27 10 9 40 28 10 9 40 76 29 19 17 30 8 7 32 31 5 4 20 32 2 2 ~ 8 33 3 3 ' 12 34 1t 10 . 44 35 2 2 8 36 3 3 12 37 44 39 176 38 16 14 64 . 39 2 2 8 40 13 12 52 41 34:78 34 136 Total: 521.78 470 2,084 Note: The totals of the last two columns above show the range of possible lot yield for the anticipated developable acreage for single family detached housing. Even though the last column shows 2,084 potential lots (at smallest lot size), the Developer will adhere to a maximum limit of 764 dwelling units (of varying lot sizes). . Any single-family, detached residential tract may be developed as patio or golf cottages provided that the total number of units in the development does .not exceed seven hundred sixty four (764) and that the requirements for the Master Plan are adhered to. 3. Open space linkages shall be at least thirty (30) feet wide. 4. All residential tracts of more than fifty (50) dwelling units or with more that 1200 feet of lineal road frontage shall have at least two points of access, provided that the Planning Director may take exceptions at the time of site or preliminary plat review under criteria set forth in Section 32.3.11 of the Zoning Ordinance. 5. Specific plans for the development of any tract shall conform to the review requirements of the Albemarle County Planning Department and will address drainage, erosion control, landscaping of any parking lots, specific road alignments, cut and fill, and any other requirements of the County and shall be subjec! to the normal review process for preliminary plats, final plats or site plans. 6. No uses shall be permitted except for irrigation purposes which would use any water of sewer system other than the Albemarle County public water or sewer system unless approved by the Albemarle County Service Authority and County Health Department. 7. The applicant shall install a uniform and effective signage system throughout fl~e development and will, at the appropriate time, submit a complete signage concept to the Planning Director for review and approval. 8. Interpretations and clarifications of this application my be made by the Planning Director, without the necessity for amendment provided that the general intent, concept, densities, land use pattern, etc. of the textual statement and Master Plan are adhered to. 9. There shall be at least one (1) swimming pool and two (2) all weather surface tennis courts and four clay surface tennis courts within the development. In additional, small neighborhood play areas and other recreational facilities may be incorporated where feasible. One basketball court is proposed and additional court(s) may be added in the future if demand by the membership warrants such. Some basketball facilities will be available at the school site as that develops. 10. Lot Guidelines: a. Single family lots may front on and have direct access onto the spine road where topographic conditions and other site constraints dictate; b. Frontage for conventional cut-de-sac lots may be reduced to thirty-five (35) feet: c. Access easements shall be provided to any lots that do not front directly onto the road or street; d. Flag lots shall be permitted. 11. Private roads shall be designed and constructed in accordance with the following: Table 1: Private Road Standards for use in Glenmore PRD Note Number of e dards Units Served D sign/Construction Stan s Table A, Section 18-36 of the 1-2 Albemarle County Subdivision driveways to be paved Ordinance s facdi roads to be ur e naccordance with VDOT paveinent standards Table A, Section 18-36 of the 3-5 ~ Albemarle County Subdivision clearing of road easement shall be Ordinance 2,3 restricted to matters of safety as . identified by the County Engineer in the final review process Table A, Section 18-36 of the clearing of road easement shall be 6 or greater Albemarle County Subdivision restricted to matters of safety as Ordinance identified by the County Engineer in the final review process ~ For areas where the applicant demonstrates to the reasonable satisfaction of the Director of Planning that approval of such road will alleviate a clearly demonstrable danger of significant degradation to the environment of the site or adjacent properties which would be occasioned by the cor)struction of roads to VDOT Mountainous Terrain standards. For the purposes or'this provislon "significant degradation" shall mean an increase of thirty percent (30%) in either the total volume of grading, the total area of clearing, or the peak runoff generated from a ten year storm for the construction of a VDOT Mountainous Terrain standard road as compared to a 3-5 lot Table A standard road. 2 Transition between VDOT Mountainous Terrain standard road and a 3-5 lot Table A standard road will be accomplished at either an intersection or as an extension of the road through a cul-de-sac. Where appropriate, traffic calming measures (e.g., planting islands) will be used to reduce the potential speed of vehicles traveling through the intersection. ~ Terminus of the 3-5 lot Table A standard road will be designed and constructed to accommodate ihe turna~'0und maneuvers of emergency vehicles. lineal distance of twenty-eight (28) feet provided that there shall be no openings except for garage door(s) in any exterior wall of the enclosed slructure parallel to flae street between twenty-five (25) feet and ten (10) feet from the front lot line; b. Side Yard: Depth of side yard shall be no les~ than fifteen (15) feet except, in future cottage sections, the depth of the side yard shall be no less that three (3) feet. c. Comer Side Yard: Depth of side yard lots located at street intersections with common open space of a minimum width of fifteen (15) feet between the lot and one of the street's right-of-way may be reduced to seven and on-half (7,5) feet. d. Rear Yard: Depth Of rear yaxd shall be no less than twenty (20) feet except m cases in which the rear lot line abuts common open space or the golf course, then the rear yard of such lot may be reduced to ten (I 0) feet. -OT~L P.02 Date: 3/18/97 ZMA # PROFFER FORM 96-28 Tax Map Parcel(s) # Original Proffer Amended Proffer {Amendment # ) 93A1 Parcel 1 93-61, 93-61A, 93-61B Acres to be rezoned fromPRD & RA to PRD Pursuant to Section 33.3of 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 ag reed that: (1) the rezoning itself gives rise to the n, eed for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested. 1. Addition of TlVlP 93-61 (4.27 Ac) and TMP 93-61B (2.30 Ac) ~o the PRD. The parcels are to be added to the residue oftbe PRD and developed under the same conditions and restrictions. TMP 93-61 is owned by Glenmore Associates. TMP 93-61B is under contract. A letter of authorization and participation in this rezoning by the owner of record is attached. 2. Amend the General Conditions to permit the use of"private roads" subject to Table A of Section 18-36 of the Albemarle County Subdivision Ordinance. ¸. Amend the General Conditions and Proffers to permit a maximum of 764 single family units. This represents an increase of 6 units based on the addition of the parcels described in Item 1 above. 4. Amend 10.b oftbe General conditions to read "Frontage for conventional lot designs on ~ul-de-sacs may be reduced to thirty-five (35) feet" 5./~_~ 10.d of the General Conditions to read "Flag lots shall be permitted". Date Sign,a'ture of Attorney-in-Fact (Attach Proper Power of Attorney) OR Printed Name of Attorney-in-Fact December 18, 1996 Mr. Stephen N. Runkle Glenmore Associates Limited Partnership 1929 Commonwealth Drive Charlottesville, Virginia 22901 RE: Tax Map 93 Parcel 6lB Dear Mr. Runkle: As the owners of record, we confirm fl~at we have entered an agreement to sell Glenmore Associates Limited Partnership the above referenced parcel. Furthermore, we agree to join in any zoning petition as may be required by Albemarle Counly for inclusion of our property into the PRD of Glenmore As contract pnrchaser, you are bemby anlhorized to act as my agent in all matters pertaining to the rezoning of our property into the PRD of Glenmore. Sincerely, Catherine Childs Lang ? / BOARD OF SUPERVISORS 05-~9-97A!!:45 qCVD ORDINANCE NO. DRAFT MAY 19, 1997 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2.1, AGRICULTURAL AND FORESTAL DISTRICTS, SECTION 2.1.4. DISTRICTS DESCRIBED. OF THE CODE OF THE COUNTY OF ALBEMARLE. VIRGINIA. BE IT ORDAINED by the Board of County Supermsors of the County of Albemarle, Virginia. that Chapter 2.1. Agricultural and Forestal Districts. is hereby amended and reordained by amending Section 2. 1.4 (j)i*Carter's Bridge Agricultural and Forestal District, as follows: Sec. 2.1-4. Districts described. (i) The district known as the "Carter's Bridge Agricultural and Forestal District" consists of the following described properties: Tax map 101, parcels 55A, 60; taxmap 102, parcels 17A, 17B, 17B1, 17D. 18, 19. 19A. 19B, 19C, 20 (part); tax map 112, parcels 3, 15. 16, 16C, 16D, 16E. 16F, 17, 18H. 20 (part), 21, 33A, and 37D; tax map 113, parcels I. 1Z. 2.3, 6A. I 1, l iA; tax map 114. parcds 21, 25.30, 51, 55. 56, 67, 67B, 69, 70; tax map 115, parcel 10; tax map 122, parcels 4.4A, 6, 7, 8, 9, 10, 12, 12N, 33.33,8, 36; tax map 123, parcels 2, 34. 59: tax map 124. parcel Ii. This district. created on April 20. 1998 for not more than ten years, shall be reviewed orior to April 20, 1998. BOARD OF SUPERVISORS ORDINANCE NO. DRAFT MAY 15, 1997 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2.1. AGRICULTURAL AND FORESTAL DISTRICTS_ SECTION 2.1.4. DISTRICTS DESCRIBED, OF THE CODE OF THE COUNTY OF ALBEMARLE. VIRGINIA. BE IT ORDAINED by the Board of County Supervisors of the County of Albemarle, Virginia, that Chapter 2.1, Agricultural and Forestal Districts. is hereby amended and reordained by mnending Section 2. 1.4 (j), Carter's Bridge Agricultural and Forestal District, as follows: Sec. 2.1-4. Districts described. (j) The district known as the "Carter's Bridge Agricultural and Forestal District" consists of the following described properties: Tax map 101, parcels 55A, 60; raxmap 102, parcels 17A. 17B, 17B1, 17D. 18, 19, 19A, 19B, 19C, 20 (pm-t); tax map 112. parcels 3, 15; 16. 16C, 16D. 16E, 16F. 17, 18H, 20 (part), 21, 33A, and 37D: tax map 113, parcels 1, 1Z, 2.3, 6A. 11, 1 IA; tax map 114, parcels 21, 25.30. 51, 55, 56, 67, 67B, 69, 70: tax map 115, parcel 10: tax map 122, parcels 4, 4A, 6, 7.8.9. 10, 12. 12N, 33, 33A. 36: tax map 123, parcels 2.34, 59; tax map 124. parcel 11. This district i~ created for ten years and shall be reviewed vrior to Anril 20. 1998. April 17, 1997 COUNTY OF ALBEMARLE Dept. of Planning & Community Developraenr 401 Mclntire Road Charlottesville, Virginia 22902-4596 t8041 296-5823 BARNETT, JAMES S OR FRANCES D CAMP AND COTTAGES OF CHARLOTTESVILLE [NC CARTEtL MARY ROSS HAWKINS, RAYMOND G & BONNIE L HOWARD, GEORGE S & THELMA S JWK PROPERTIES [NC SMITH, MARY LOU HOWARD, THOMAS H OXENHAM TRUSTEE SOWELL-GIBSON LIMITED COMPANY RE: ADDITION TO CARTER'S BRIDGE AGRICUL. TURAL/FORESTAL DISTRICT Ladies and Gentlemen: As an adjacent owner to the proposed district, state law requires that you be notified of the recommendations of the Planning Commission and the Advisory Committee regarding this application. the district is described as a request to add four parcels described as Tax Map 102, Parcels 19, 19A, 19B and 19C totaling 262.75 acres located on the west side of State Route 627, Carter's Mountain Road, to the Carter's Bridge District in the Scottsville Magisterial District. The property is designated Rural Areas in the Comprehensive Plan. The Advisory Committee on March 24, 1997, recommended unanimously that the proposed addition to Carter's Bridge District be accepted. The Albemarle County Planning Commission April 15, 1997, recommended unammously that the proposed addition be accepted. The Albemarle County Board of Supervisors will hold a public hearing and make a final decision On May 21, 1997,, Meeting Room//241, Second Floor, County Office Building. If you have any questions, please do not hesitate to contaci me. Sincerely, Mary Joy Scala Senior Planner cc: ~llaCarey COUNTY OF ALBEMARLE Dept. of Planning & Community Development 40] Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 April 17, 1997 Kathleen Morgan Klumpp 4042 Carters Mountain Road Charlottesville, VA 22902 RE: Addition To Carter's Bridge Agricultural/Forestal District Dear Ms. Klumpp: The Albemarle County Planning Commission, at its meeting on April 15, 1997, unanimously recommended approval of the above-noted request to add four parcels totaling 262.75 acres located on the west side of St. Rt. 627 to the Carter's Bridge Agriculmral/Forestal District. The Albemarle County Board of Supervisors, will review this petition and receive public comment at their May 21, 1997 meeting. Any new or additional information must be submitted to the Clerk of the Board of Supervisors at least seven days prior to the scheduled meeting. If you have any questions, please do not hesitate m contact me. Sincerely, Mary Joy Scala Senior Planner MJS/jcf cc: Ella Carey STAFF PERSON: ADVISORY COMMITTEE: PLANNING COMMISSION: BOARD OF SUPERVISORS: ADDITION TO CARTER'S BRIDGE AGRICULTURAL/FORESTAL DISTRICT Mary Joy Scala March 24, 1997 April 15, 1997 May 21, 1997 Purpose: The purpose of an agricultural/forestal district is "to conserve and protect and to encourage the development and improvement of the Commonwealth's agricultural~forestal lands for the production of food and other agricultural and forestal products..." and "to conserve and proteci agricultural and foresral lands as valued natural and ecological resources which provide essential open space for clean air sheds, watershed protection, wildlife habitat, as well as for hesiti~tic pfii~po~;' (§15.1-1507 Virginia Code). Factors to Consider: The following factors must be considered by the Advisory Committee and at any public hearing when a proposed district is being considered: 1. The agricultural and forestal significance of land within the district and in areas adjacent thereto; 2. The presence of any significant agricultural lands or significant forestal lands within the district and in areas adjacent thereto that are not now in active agricultural of forestal production; 3. The nature and extent of land uses other than active farming or forestry within the district and in areas adjacent thereto; 4. Local development patterns and needs; 5. The Comprehensive Plan and, if applicable, the zoning regulations; 6. The environmental benefits of retaining the lands in the ctistrict for agricultural and forestal uses; and 7. Any other matter which may be relevant. Effects ora District: 1. The proposed district 12r_ovides a community benefit by conserving and protecting farmlands and forest; environmental resources such as watersheds, air quality, open space, and wildlife habitat; and scenic and historic resources. 2. The State Code stipulates that the landowner receive certain tax benefits*, and restrictions ~n public utilities and government action (such as land acquisition and local nuisance 1 laws) to protect the agriculturalt forestal use of the land. In exchange, the landowner agrees not to develop the property to a "more intensive use" during the specified number of years the district is in effect. *Since Albemarle County currently permits all four categories of use value assessment, a district designation may not provide any additional real estate tax deductions. Land in a district is protected from special utility assessments or taxes. The State Code stipulates that, "Local 9[~l_i_~a.n_~c~s_, comprehensive plan.s, land use planning decisions, administrative decisions and procedures affecting parcels of land adjacent tb-~-~itistrict shall take into account the existence of such district and the purposes ofth~s chapter." The distrmt may have no effect on adjacent development by right, but could restrict proposed rezonings or uses by special use permit which are determined to be in conflict with the adjacent agricultural/forestal uses. Districts must now be shown on the official Comprehensive Plan map each time it is updated. In general, a district may have a stabi~!j._zing.~ffect on_land use: The property owners in the district are making a statement that they do not intend to develop their property in the near future, and that they would like the area to remain in the agricultural and f6restal uses. Adjacent property owners may be encouraged to continue agricultural uses if they do not anticipate development of adjacent lands. Existing District: Carter's Bridge District was created on April 20, 1988 for a time period often years. One addition was approved on October 31, 1990. Location: The proposed addition is located on the west side of Route 627 (Carter's Mountain Road). Aereaee: The proposed addition contains 262.75 acres in 4 parcels. The existing district contains 11,662.08 acres. With this addition, the Carter's Bridge District will contain 11,924.83 acres and will remain the largest district in the County. Time Period: The proposed time period is the same as for the original district, or 10 years from April 20, 1988. Agricultural and Forestal Significance: Land in the proposed district is being used for pasture and forestry. Significant Land Not in AgriculturaFForestal Production: The use value taxation program is a good indication of the actual use of the properties. All of the parcels are enrolled in the program. Approximately 112 acres are being used for agriculture, 147 acres are being used for forestry, and 4 acres are non-qualifying because of dwellings. Land Use other than Agriculture and Forestry: There are 4 dwellings within the proposed ~/addition. 2 Local Development Patterns and Needs: The proposed addition is located in areas of large farms and scattered dwellings. Comnrehensive Plan and Zoning Regulations: The proposed addition is designated Rural Area in the Comprehensive Plan and is zoned RA, Rural Areas. The nearest growth area is the Urban Area, a distance of about three miles north. A Comprehensive Plan objective is, "All decisions concerning the Rural Areas shall be made in the interest of the four major elements of the Rural Areas, with highest priority given to preserving agricultural and forestal activities rather than encouraging residential development." (p.203) A strategy is, "Actively promote and support voluntary techniques such as agricultural/ fomstal districts...." (p. 53) The Open Space Plan shows this area designated as important farmlands and forests. About one- third of the addition is located within an area on Carter's Mountain recommended for mountain protection. There are critical slopes in this area. Keelona is a surveyed historic site. Environmental Benefits: The addition lies within the Hardware River watershed. Murphy Creek traverses the addition through the western comer of the property. Conservation of this area maintains the environmental integrity of the county and aids in the protection of valuable resources such as critical slopes, open space, and the historic landscape. Soil Characteristics: Soils are classified into eight capability classes with Class I being the best suited for agricultural uses and Class VIII having the most limitations. The following table shows a breakdown of the Capability Classes for the addition. t Addition to District 112% 120% 118% 148% I 2% I These Capability Classes help to delineate the areas of the addition most suitable for cropland,. hayland & pasture and forestry. The following table gives the percentage of each category. ]Cropland (h';issl'.unl Foreslr3 I"ol'eM I',V I Addition to District 32% 50% 100% These parcels are located in an area of the County weI1 suited for grassland and forestry. Although the area is suited for forestry, large portions will remain as pasture. These factors contribute to the importance of this area for an agricultural/forestal district designation. Staff Recommendation: Staff recommends approval. Advisory_ Committee Recommendation: The Agriculmral/Forestal Advisory Committee at its meeting on March 24, 1997, unanimously recommended that the proposed Addition to Carter's Bridge District be accepted. ADDITION TO CARTER'S BRIDGE AGRICULTURALfFORESTAL DISTRICT Tax Map / Parcel Acreage Owner Dwellings 102-19 29.96 Lucius H. Bracey, Jr., 2 Substitute Trustee 102-19A 46.49 Virginia A. Klumpp 1 102-19B 93.43 Karla K. Berger, Trustee 0 102-19C 92.87 Kathleen M. Klumpp, Trustee 1 Total 262.75 4 I:\general\share\ascala\jillrpt\agfor-ad.wpd 4 REPORT of the AGRICULTURAL/FORESTAL ADVISORY COMMITTEE March 24, 1997 Addition to Carter's Bridge AgriculturaFForestal District Members present were: Bruce Woodzell, Gordon Yager, Bruce Hogue, Walter Perkins, Rob Bloch and Jacquelyne Huckle. Joseph Jones arrived late. Staff person Mary Joy Scala and guest John Pendleberry from Newcastle, England were also present. Staff presented the staff report. Gordon Yager commented on the soils. He noted that the soils are good for grass or hay land. He said about half the property is in steep slopes, and the soils them are excellent for hardwood timber. Mr. Perkins said they are good for yellow poplar. Mr. Woodzell noted the agricultural use of the property for horses. Mr. Woodzell made a motion to accept the proposed addition. Mr. Hogue seconded the motion. The motion passed unanimously. The committee asked Mr. Pendleberry some questions about agriculture and taxation of agricultural lands in England and Europe. He said he did nol think there was a tax on land in England, just on buildings and income. ALBEMARLE 90 COUNTY 36 SEE SECTION [03 102 Disbibuted ~ B~rd: ~ )tern ~. COUNTY OF ALBEMARLE Dept. of Planning & Community Developraem 401 Mclntire Road Charlottesville~ Virginia 22902~596 (804) 296-5823 April 18, 1997 David Collins Roudabush, Gale & Associates 914 Monticello Road Charlottesville, VA 22902 SP-97-06 David & Joseph Wood SDP-97-020 First Citizens Bank Preliminary Site Plan Tax Map 61M, Block 12, Parcels 1 and 1H Dear Mr. Collins: The Albemarle County Planning Commission, at its meeting on April 15, 1997, unanimously recommended approval of the SP-97-06 to the Board of Supervisors. Please note that this approval is subject to the following conditions: Drive-through windows will be limited to four [4] (Three traditional and one ATM window). Screening shrubs shall be planted along the residential side of the parking area and bypass lane. Erect and maintain an opaque stockade-style fence, six feet in height, on the northwest side of the building and outside of the landscaping abutting the parking area, as shown on the preliminary site plan dated February 24, 1997, except where such area is in the floodplain. Please be advised that the Albemarle CounTy Board of Supervisors will review this petition and receive public commem at their meeting on MAY 21..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 schedule hearing date. Page 2 April 18, 1997 The Planning Commission also approved First Citizens Bank Preliminary Site plan. Please note that this approval included approval ora waiver for drive-through window and also stipulated that the Commission will review the final site plan and items l(a)(1), l(b)(3) and l(e) are to have been completed prior to Planning Commission review of the final plan. This site plan was approved subject m the following conditions: The Planning Department shall not accept submittal of the final site plan for signature ttntil tentative approvals for the following conditions have been obtained. The final site plan shall not be signed until the following conditions are met: Planning Departmem approval of: 1. Landscape plan; sidewalk location and lighting plan. Engineering Department approval to include: 1. Delineate and label proposed easements for water lines, gas lines, sanitary sewers and storm drainage pipes. Provide an appropriate drainage easement over the existing stream. According to Virginia Department of Transportation's US 29 Road Improvement Plan, there is a drainage easement over the existing end wall; The proposed drive-thru and bypass layout scales 47 feet from the ATM pad to the rear gutter. This width provides enough room for one vehicle to wait patiently for the ATM while the second vehicle encroaches into the 15 foot bypass lane. The only way to guarantee enough room for adequate bypass is to stripe the lanes to each drive-thru lane. Therefore, pavement striping must be shown to verify adequate width for the bypass lane or an alternative alignment/layout proposed; [23.6.6.d] Albemarle County Engineering approval of grading and drainage plans and computations. Due to the filling within the existing 100-year flood plain, the flood study previously prepared by Earth Tech will require revising m show no adverse impact on neighboring properties: [Albemarle County Engineering Policy[ Virginia Department of Transportation approval of plans and drainage computations; [32.7.4.3; Erosion and Sediment Control Ordinance] Virginia Department of Transportation approval of plans and drainage computations. Page 3 April 18, 1997 c. Albemarle County. Service Authority approval to include: 1. Obtaining an additional easement around the existing sewer line; 2. Remove the proposed sewer line near the entrance and use the existing meter. d. Building Code and Zoning Services approval to include: 1. Approval of Special Use Permit SP 97-06; 2. Recordation of the subdivision plat. e. Issuance of a Certificate of Appropriateness by Architectural Review Board. If you should have any questions or commems regarding the above noted action, please do not hesitate to contact me. Sincerely, Eric L. Morrisette Planner ELM/jc£ cc: Ella Carey Amelia McCulley Jack Kelsey Bill Mills STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: ERIC L. MORRISETTE APRIL 15, 1997 MAY 21, 1997 SDP 97-020 FIRST CITIZENS BANK PRELIMINARY SITE PLAN and SP 97-06 David -J. & Joseph M. Wood APPLICANT'S PROPOSAL: The applicant is proposing to construct a bank of approximately 3,800 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 9%06 David J. & Joseph M. Wood First Citizens Bank petitions the Board of Supervisors to issue 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 2.387 acres zoned C-1, Commercial and EC, Entrance Corridor (Attaclunent D). Property, described as Tax Map 61M, Block 12, Parcels 1 and 1H is located on the southwest comer of the Dominion Drive (Route 851)/Route 29 North intersection (Attachment B). This site is located in the Rio Magisterial District and recommended for Community Service in Neighborhood 1. SDP 97-020 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 southwest comer of the Dominion Drive (Route 851)/Route 29 North intersection (Attachment C). The site is adjacent to the residential development of Berkeley, zoned R-2 to the west. Commercial property, zoned C-1 is adjacent to the south. A~iacent commercial property, zoned PD-SC, Planned Development - Shopping Center [Shopper's World] is across Dominion Drive to the north. Property zoned PUD, Planned Unit Development [Toys-R-Us] is across Route 29 to the east. This site is occupied by a main building [former restaurant] and one accessory, building [both to be demolished]. The property entrance ~s directly offofDominion Drive, approximately 150 feet west of Route 29 North. The site is located at the residential entrance of the Berkeley community, A small creek flows through the site, but it is not FEMA [Federal Emergency Management Agency] registered. Flooding diminished after the 1994-95 Route 29 road improvements. These improvements removed the building site from the one hundred (100) year flood plain. COMPREHENSIVE PLAN: This area is recommended for Community Service in Neighborhood 1. Banks are a listed use in Community Service Areas. This proposal is consistent with the Comprehensive Plan. PLANNING AND ZONING HISTORY: SDP 283 Pizza Inn Preliminary Site Plan - On May 17, 1978 the Planning Commission approved a proposal to locate a 2,990 square foot restaurant on a total of 2.78 acres. SP 89-47 Garth, James W., IV - Request for special use permit to allow for auto rentals and sales. The Planning Commission recommended denial on July 6, 1989. The applicant's request was withdrawn on August 2, 1989. SP 91-18 William & Mary Ridgewell - Request for special use permit to allow outdoor storage, display, and/or sales (exterior garden display area) which would be visible from an EC, Entrance Corridor. The Board of Supervisors approved this request on July 3, 1991. SDP 95-034 Pizza Inn Major Amendment - On June 13, 1995 the Planning Commission approved a proposal to demolish the existing structures from the site and revise the grading, including drainage improvements. The proposed site improvements never occurred. SUB 96-18 David J. Jr. & John M. Wood - On March 12, 1996 the Planning Department administratively approved a subdivision request for the alteration of parcel boundary lines between Tax Map 61M Parcel 1, Tax Map 61M Block 12 Parcel 1, and Tax Map 61M Block 12 Parcel 1H creating the 2.387 acres subject to this proposal. REASON FOR PLANNING COMMISSION REVIEW: The drive-in aspect of this proposal requires special use permit approval be the Board of Supervisors. The site plan has been requested for Planning Commission review by an adjoining property owner. In accord with Section 4.12.6.2 of the Zoning Ordinance, the Corarnission 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. 2 SP 9%06 DAVID AND JOSEPH WOOD Recommendation: Staff has reviewed this request for compliance with the provisions of Section 31_2.4.1 of the Zoning Ordinance and recommends approval subject to conditions. Staff Analysis: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue all special use aerm~ts permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a findine by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, Staffhas identified the following two primary impacts to adjacent property associated with the use of drive-through windows and has determined that these impacts will not negatively affecl other by-right uses: 1. Headlights - Section 32.7.9.8.c. 1 of the Zoning Ordinance requires that all residential areas be screened from commercial development. In addition to the required screening, the applicant is also proposing to landscape the residential side of the parking lot with screening shrubs to further diffuse the intensity of automobile headlights circulating through the site to the ATM location (Condition 2). The applicant's proposal diminishes any Substantial detriment to adjacent properties by providing adequate screemng of headlights. 2. Traffic - It is anticipated that there will be no significant traffic increase associated with the proposed use in the adjacent residential community of Berkeley. The majority of the traffic will be to and from Ronte 29. that the character of the district will not be chan~ed thereby, The proposed site is located within an intense 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. 3 with the uses permitted by right in the district, gtaffhas identified that 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 re_inflations provided in Section 5.0 of this ordinance. Section 5.0 of the Zoning Ordinance provides no additional regulations. and with the public health, safety and ~eneral 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). Although V. D. O. T. recommended that the entrance be shifted further away from Route 29 to allow for left turn stacking, the proposed entrance is as far from Route 29 as possible in relation to the potential entrance alignment of the lot across the street when it develops. Summary: Staff has identified the following factors which are favorable to this request: 1. Consistent with the provisions of the Comprehensive Plan; 2. Consistent with Section 32.2.4.1 of the Zoning Ordinance. Start'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: Drive-through windows will be limited to four [4] (Three traditional and one ATM window). 2. Screening shrubs shall be planted along the residential side of the parking area and bypass lane. SDP 97-020 FIRST CITIZENS BANK PRELIMINARY SITE PLAN The Site Review Committee has reviewed this site plan and may grant approval subject to the Planning Commission waiver of Section 4.12.6.2 of the Zoning Ordinance. One adjacent property owner has requested that the Planning Commission review this proposal (Attachment G). The primary concern expressed in the letter is the lack of privacy between the proposed development and the residential development. Section 32.7.9.8.c.1 of the Zoning Ordinance mqnires that all "Commercial and industrial uses shall be screened from adjacent residential and rural areas districts". Although not required, the applicant is willing to plant additional shrubbery along the parking lot in effort to diffuse automobile headlights and increase privacy for the residents of Berkeley. Addressing the lobby traffic and privacy concern, the building will also shield the majority of the lobby traffic from the residential area. Another concern expressed in the letter is that of"paper and debris that miss the dumpster' and eventually end up on adjacent properties. As with any commercial development, the applicant is responsible for any waste debris, such as ATM receipts, that may pose a potential threat to the appearance of adjacent properties. The applicant has agreed to provide a wind shielded trash receptacle located at the ATM and daily trash removal in lieu of an on-site dumpster. Although these measures cannot be required as a condition of site plan approval, staff finds these measures to be an adequate response to preventing bank related debris from being blown onto adjacent properties Additional concerns expressed in the letter wish to have the issue of flooding addressed. The applicant is proposing minor filling of the flood plain. The Engineering Department deemed the need for a special use permit for filling in a flood plain to be unnecessary because the creek is not FEMA registered. The Department of Engineering has reviewed and summarized the flooding concerns associated with this proposal and has recommended approval (Attachment H). Flooding occurrences have diminished since the Virginia Department of Transportation made culvert improvements for the creek with the Rome 29 improvements. The applicant is requesting a waiver for one-way internal circulation, due to the use of the drive- through windows (Attachment I). Section 4.12.6.2 of the 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. 5 Recommended Action: Staff has reviewed this request for compliance with the provisions of the Zoning Ordinance and recommends approval of the preliminary site plan and internal circulation waiver request, subject m the following conditions: Recommended Conditions of Approval: 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: Planning Department approval of: 1. Landscape plan; Engineering Department approval to include: 1. Delineate and label proposed easements for water lines, gas lines, sanitary sewers and storm drainage pipes. Provide an appropriate drainage easement over the existing stream. According to VDOT's US 29 Road Improvement Plan, there is a drainage easement over the existing endwall; The proposed drive-thru and bypass layout scales 47 feet from the ATM pad to the rear gutter. This width provides enough room for one vehicle to wait patiently for the ATM while the second vehicle encroaches into the 15 foot bypass lane. The only way to guarantee enough room for adequate bypass is to stripe the lanes to each drive-thru lane. Therefore, pavement striping must be shown to verify adequate width for the bypass lane or an alternative alignment/layout proposed; [23.6.6.d] Albemarle County Engineering approval of grading and drainage plans and computations. Due to the filling within the existing 100-year flood plain, the flood study previously prepared by Earth Tech vfill require rewsing to show no adverse impact on neighboring properties; [Albemarle County Engineering Policy] VDOT approval of plans and drainage computations; [32.7.4.3; Erosion and Sediment Control Ordinance] VDOT approval of plans and drainage computations. Albemarle County Service Authority approval to include: Obtaining an additional easement around the existing sewer line; Remove the proposed sewer line near the entrance and use the existing meter. Building Code and Zoning Services approval to include: 1. Approval of Special Use Permit SP 97-06; 2. Recordation of the subdivision plat. ATTACHMENTS: A - Site Plan B - Tax Map C - Location Map D - Applicant's Special Use Permit Request and Justification E - Engineering Comments F - V. D. O. T. Comments O - Micheal J. and Kathryn D. Fulton Letter H - Department of Engineering Memo Dated April I - Applicant's Request For One-way Circulation A:\SP9706.RTP 7 '~NI '~0SS¥ ~ 39¥9 'HSn~]~O~OEI ~^~ JATTACHMENT AI ON] "005S¥ ~/ ::rlV9 'HSF~BYOn~ ATTACHMENT A ALBEMAI SI)[' 97-026 First tlzens Bank ;HMENT B tc LOTS SECTION 61- M- Si ~7-020 First Citizen~ Bank I ATTACHHENT C I k ~] '~H~RI~OTIES- _LE': SPECIAL USE PERMIT TTACHMENT D county of Albemarle Department of Zoning 401 MoIntire Road Charlottesville, Virginia 22902-4596 (804) 296-58?5 FAX (804) 972-4035 ( ) Amendment of sP OWNER (as currently NAME: FEE: \ ( ) Extension of SP listed in Real Estate) 6~,'-~'~1(~ David J. Wood and Joseph M. Wood, Berkeley Partners PHONE: ( ) ADDRESS: P.O. Box 471, Charlottesville, VA 2J902 APPLICANT (if different from above) NAME: First Citizens Bank Attn: Thomas B. Morris PHONE: (91~) 779 - 8274 ADDRESS: P.O. Box 27131, Raleigh, NC 27611 CONTACT PERSON/DESIGNATED AGENT (if different from above) NAME: David Collins, Roudabush, Gale & Assoc., Inc. PHONE ( 804 ) 977 - 0205 ADDRESS: 914 Montice--~d., Charlottesville, VA 22902 LOCATION OF PROPERTY: Intersection of U.S. Rt. 29 north and Dominion Dr. PROPOSED USE: Bank with drive-thru windows and ATM DESCRIPTION OF REQUEST: (Please attach additional information as needed), The reques[ is to grant a Special Use Permit to First Citizens Bank for drive-thru windows and ATM for propergy zoned C-l, located at the intersection of U.S. Rt. 29 and Dominion Dr., known as Tax Map Parcels 61M-00-12-1 and 61M-00-12-1H, in accordance with Section 22.2.2 of the Albemarle County Zoning Ordinance. I ATTACHMENT D I JUSTIFICATION: (Please attach additional information as needed). F~r~ Citizens Bank .m.u..~t have 4r&va-thvu windows and ATM to ~ide .--~ financial set ices ~o it~ custom,rs. [ hereby certify that the i~formation provided on this application and accompanying information is accurate, t~ue a~ correct to the best of my knowledge and belief. u~g~.~ure Receipt # ~ Property Owners Da~e TAX MAP f PARCEL: ZONING: ACREAGE: 5) - - - 6)_ .... ORDINANCE SECTION: ~XISTING USE: HISTORY CMECKEDt YES NO { ) Variance ( } Other Magi=tertal District: ~' ' COUNTY OF ALBEMARLE MEMORANDUM ~ATTACHMENT E I RECEIVED APR 8 8 1997 Planning Dept. TO: FROM: DATE: RE: Eric Morrisette, Planner Andr6 S. Williams, Senior Engineer ,~v0 8 April 1997 First Citizen Bank - Preliminary Site Plan (SDP-97-020) The Preliminary Site Plan received oil 25 March 1997 has been reviewed. Several items of concern have been identified. Albemarle Couuty Engineering will recommead preliminary site plan approval when the followir/g items have been addressed: Delineate and label proposed easements for water liues, gas lines, sanitary se,vers and storm drainage pipes. Provide an appropriate drainage easement over the existing stream. According to VDOT's US 29 Road Improvement Plans, there is a drainage easement over the existing endwall. Tile proposed drive-thru and bypass lane layout scales 47' from the ATM pad to the rear gutter. This width provides enough room for one vehicle to wait patiently for the ATM while the second vehicle encroaches into the 15' bypass lane. The only way to guarantee enough room for adequate bypass is to stripe the lanes to each drive-thru lane. Therefore, pavement stripping must be shown to verify adequate width for the bypass lane or an alternative alignment/layout proposed. Final Site Plan approval shall be subject to Albemarle County Engineering approval of all final plan requirements and the following conditions: [Each item is preceded by the applicable reference to the Zoning Ordinance unless otherwise specified] [32.6.6. d.] Albemarle County Engineering approval of grading and drainage plans and computations. Due to filling within the existing 100-year flood plain, the flood study previously prepared by Earth Tech will require revising to show no adveme impact on neighboring properties. B. l~Albemarle County Engineering Policy] VDOT approval of plans and drainage computations. f32. 7.4.3; Erosion and Sediment Control Ordinance] Albeinarle County Engineering approval of an Erosion and Sediment Control Plan. If you have any questions concerning this Subject, please contact Jack Kelsey or me at 296-5861. A S W/ctj DAVID R, GEHR COMMONWEALTH of VIRCilNIA P UU2 March 5, 1997 March 13. 1997 Mr. Jack Kelsey Charlottesville, 'JA. 22902 Dear Mr. Kelsey: The followiin~ are our commenus: SDR-97-090 J:irst Citizens Bank Preliminary site Planr Route BS1 Indicate !~xisting pavement markings on Route 851. Replace ~;isting concrete entrance gu~er with a standard CG,11 design and provide ~:;andard CG-12 handicap ramp~. Entrance .ocation ~hould be shifted further away from Route 2~ to allow for additional, left turn stacking, provided this will nec creaue a problem with ent/.!~ce alignment, when the lot across ~he suree~ ~velops_ Orchard Estates Preliminary Plat,.Rou[e 699 A 100' Eai:,er reci~ired au entrance connection. I~ldicate ,~.~y existing pipes on property that may lmgac~ proposed roadway. Provide dH. re for the s~illway from the existing lake. Size one ..ane structure on Rou~e 699 to determine capacity for i0 year Adjust riHht of way dedication along Routs 699 in the curve wesc of abe proposed ~fntre_nce [25' from center of 699). The p1~21 :lees nee indicate how access ~o Lot 11 will be provided. Indicate [:outs 69~ alignment on plat_ Recommend road improve~e~=s co Route 699 fro~ ~ts intersection at Ro~te 29 pave~en~ ,,idth) Also improve tap~r at Ro~te 29 5o a 200' turn and 200' taper. TRANSPORTATION FOR THE 21ST CENTURY Michael J. and Kalhryn D. Fulton 124 Commonwealth Circle Charlottesville. Va. 2291)1 (go4) 978-2867 March 17.1997 D I997 Planni g L)ep . Mr. David P. Bowcrnlan Rio District Representative Count5' Board of Supervisors 401 Benvick Court Charlottesville, Virginia Dear Mr. Bowennan. I am writhlg to you iii regards to the proposed constmcfion of the First Citizens Bank located on the sm~thwest corner of Dominion Drive(Route 8511 andRoute 29 North. As an adjacent property owner. I have some concerns about this commercial development. I woal;1 like to request that the Planniug Comnfission revie;v the proposal with these concerns addressed. My first concern is that of privacy. Currently, there is uot a barrier between this property and our property except a thinly wooded area and some Iow lying brush. The embankment on the banks property stopes downward to a creek. There is a parking area De fore this slope. The back of our house faces directly into tiffs parking area. As patrons would enter this area. they would be looking directly into my backyard and the back of my home. If the parking area is set such that lobby traffic would De parking here. then 1 would be furthur subjected to other peoples comings and goings. The noise and traffic on Route 29 North is difficult enough to tolerate, muchless, headlights beamiug into my premises in tlm late night from those coining to use the Automatic teller machine. This increase in traffic would not De acceptable. A large privacy fence of some kind would bo useful in sepemfing this commercial traffic from our residential area In years past, our yards have Deen used as a tlnroughfare for people coming and going to and from Fashion Square Mall and Srioppers World. We lmve attempted to eliminate this traffic by posting" NO TRESPASSING" signs on our property. This has not completely eliminated the problem. With the development of the bank, foot traffic through this area may De furtfiur increased_ ifa suitable barrier is not placed between the properties. With the increase in traffic, tlds ',dso brings an increase in noise and a decrease in privacy. An increase in traffic also brings an increase in debris. Forgotten recoits at the automatic teller machine will blow into our yards. Papam and other debris that miss the dmnpster, will eventually end up in our riving areas. Due m ulconsiderate or unknowmg individuals, this debris will litter our yards and neighborhood as did the litter from the last business that occupied this space. Again, wc feel that a large privacy fence will help coutain some of this debris in the area which is responsible for it. [n )'ears past, due to the lay of the land and increased developmant, our property has been subjected to countless floods. The creek ,located at the rear of this property, is also at the rear of our properD~. At this point, our land lies almost flush with the creek Ded. The creek is shallow here. The bamks property has a steep embankmem on their side. When filling and so forth occurs with co~mnercial development, we are concerned that the water ~411 De forced furthur into our yard. Due to poor drainage, blockage, or an increase in demand of this creek, this ;viii furthur impede the watefflow, thus causing an even greater flood plane of our yard. We feel the continuous effusion that would occur due to this flooding is unacceptable to us. We spend a good deal of time and money ~n our yard. We take pride in our home and consider its' asthetics an asset. I ATTACHF'IENT G I We eujoy our home and neighborhood. We would request tlmt First Citizens Bank be considerate of our residential area in thei~ de~,elopmeut of this property. Thank you for your time and attention to this matter. Sincerely. Michael J. Fulto~ r~ Kathryn D."'Fultot~ MJF/kdf Copy: File Eric Morisett. Dept. of Planning Dm,id Tice, vice chairman. North American Resource Management COUNTY OF ALBEMARLE MEMORANDUM I ATTACHFIENT H j TO: FROM: DATE: RE: Eric Morriser[e, Planner Andr~ S. Williams, Senior Engineer ~ff'J 7 April 1997 First Citizen Bank - Flooding Issues (SDP-97-020) The Albemarle Engineering & Public Works Department has reviewed and summarized the flooding concerns associated with the First Citizen Bank improvements. A brief history and anticipated impact are hereby presented. HISTORY In 1985-86, a major storm occurred, creating considerable flooding in the drainage basin contributing to the stream channel adjacent to then "Pizza Inn." The flood waters were of such magnitude that a house located upstream of this property (near the intersection of Dominion Drive and Four Seasons Drive) was knocked from its foundation. Pizza Inn eventually went om of business and the site sat vacant for approximately one year before the "Eagle's Nest" sought to locate on this property. In 1994-95. a grading plan was submitted for the "Eagle's Nest Garden Center." The grading plan showed the placement of fill on the southern portion of this parcel and the parcel south of the site and realignment of the stream channel. A flood study was prepared by Earth Tech, a local Engineering and Environmental company, showing that the filling activity and channel realignmem posed no flo6d risk to the site. The study included the addition ora 84" culvert installed by VDOT as part of the US 29 improvements. IMPACT Presently, the proposed site plan for First Citizen Bank shows minimal filling within the existing 100-year floodplain elevation. Although the residents of Berkeley Subdivision have voiced concerns about the potential for increased flooding, a condition for approval of the First Citizen Bank site plan is a hydrologic analysis o£the channel to demonstrate no increase in the 100~year Storm. If you have any questions concerning this subject, please contact Jack Kelsey or me at 296-5861. ASW/ctj ROUDABUSH, GALE & ASSOC., INC. 914 MONTICELLO ROAD March 24, 1997 Albemarle County Eric Morrisette Department of Planning 401 Mclntire Road Charlottesville, VA 22902 RE: SP97-06 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, SDP97-20, should have also asked for a waiver for one way travel through the drive in window. It is out 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. I am requesting that you please amend the special use request, SP97-06 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. If there are questions, please contact me, Sincerely, David L. Collins, L.S. /kc BOARD OF SUPERVISORS COUNTY OF ALBEMARLE Dept. of Plannin§ & Community Development 401 Mclntire Ro3d Charlottesville. Virginia 22902-4596 18041 296-5823 May 8, 1997 N & S, LLC P O Box 7324 Charlottesville, VA 22906 RE: ZMA-96-24 N & S, LLC Tax Map 76, Parcels 54, 54A, 55B and 55D Dear Sir: The Albemarle County Board of Supervisors, at its meeting on May 21, 1997, indefinitely deferred the above-noted petition. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, D' tor ofplanni~~y Development VWC/jef cc: ~ Carey Jack Kelsey R. Start Tatum This report has been revised from the original report prepared for the April 22, 1997 Planning Commission meeting. This report incorporates the information provided to the Planning Commission in a memo dated May 6, 1997. STAFF PERSON: BOARD OF SUPERVISORS: William D. Fritz May 21, 1997 ZMA 96-24 South Pointe. N & S, LLC. Applicant's Proposal: This request is to rezone approximately 28 acre portion ora 43 acre site consisting of 4 parcels from R-2 to R-15. Approximately 420 units will be permitted if the site is rezoned. The current zoning would permit approximately 64 lots. Petition: Petition m rezone approximately 28 acres from R-2, Residential, and EC, Entrance Corridor Overlay District to R-15, Residential and EC, Entrari~e Corridor Overlay District. Property, described as Tax Map 76, Parcels 54(part), 54A, 55B and 55D, is bordered on the south by Route 631 (Fifth Street Extended) and is bordered on the north by 1-64. This site is located in the Scottsville Magisterial District and is recommended for Transitional Use. Character of the Area: This site is bordered on the north by 1-64 and on the south by Fifth Street Extended. The Jefferson National Bank Offices are under construction on the south side of Fifth Street Extended directly opposite the site under review. Single family residential development is located on Fifth Street in the ama. A mobile home park and multi-family housing are located to the west of the site. RECOMMENDATION: Staffhas reviewed this request for compliance with the provisions of the Zoning Ordinance and tbe Comprehensive Plan and recommends approval with acceptance of the applicant's proffer. Planning an,d Zoning History_: ZMA 95-02 and 95-03 were recommended for denial by the Planning Commission on April 11, 1995. These petitions were to rezone approximately 4 acres of land at the intersection of 1-64 and Fifth Street to HC, Highway Commercial. This request was withdrawn prior to action by the Board. Comprehensive Plan: The proposed land use for this area was re~cently revised in the new Land Use Plan to Transitional Use. The previous recommendation was High Density Residential (10.01-34 dwelling units per acre). Typical Primary Uses in the Transitional Area includes "Attached residential and/or multi-family in planned development concept". (Attachment C) The Comprehensive Plan states the following recommendations for Transitional Areas: Transitional areas are intended to be used primarily between residential areas and commercial or industrial areas, or in areas where flexibility of land uses may be necessary or appropriate to blend changing circumstances (e.g., where long-term public improvements are anticipated, or areas where redevelopment/re-use is encouraged). Transitional areas provide an opportunity to develop mixed use areas with Urban Density Residential uses and non-residential land uses on the scale of Neighborhood Service and Office Service, as defined in the next se~i0n of this chapter. Uses include neighborhood-scale commercial area, office buildings, t0wnhouses and apamnent buildings. Areas should be developed under an overall plan for the designated area to ensure coordination of uses, access and circulation, landscaping, and maintenance of natural/environmentally sensitive areas. Transitional designation requires a small to medium size site (1-30 acres), collector road accessibility, water and sewer availability, and compatibility with adjacent uses. The site under review meets the locational and size criteria for a transitional development. Originally, the application was submitted as a Planned Development which included a mixture of retail, office and residential use. However, in an attempt to minimize the impact of the development on the transportation infrastructure the applicant scaled back th~:~equest to include only the residential development. This has resulted in the application for R-15 zoning~ which is an appropriate density for a Transitional Area. As originally submitted, the request would have satisfied the recommendations of the Comprehensive Plan by providing an overall plan of development. The applicant has provided a proffer which will require that any site plan submitted for the R~ 15 area shall be for all parcels to be rezoned to R-t 5. Submittal of a site plan for the entire area will allow staff to review the location of entrances, recreation areas, internal circulation and other development issues to a degree equal to that which could be achieved by the submission ora planned development. Therefore, it is the opinion of staff that with the applicant's proffer this proposal is consistent with the provisions of the Comprehensive Plan. The Land Use Plan contains the following-note: "Densities shown on this map may not be approved unless infrasg'ucture/facilities are adequate to support development." As stated previously, the applicant's o3iginal proposal included a mixed development including residential, commercial and office. This application was amended to reduce the amount of traffic which would be generated by the proposed development. The Department of Transportation has reviewed the current request and has stated that the existing interchange ofi-64 and Fifth Street currently has a failing level of service (Attachment D). In part the VDOT comments state: "We continue to have concern for the ramps at 1-64 and Route 631 interchange. These ramps are presently functioning at a level of service 'F' and of course any continued development will only exacerbate the problem. The Ketlerco, Inc. study of June 25, 1995 indicates that signaliZation will be needed at both ramps in the future. The need for one or two signals should be determined by developer and at what level of service they would provide for current proposed development, along with what would be the second phase of this site development. The diamond interchange appears to fail for any intensive development and may do so with current proposal without modeling of signals at the existing ramps for current study. Most likely a clover leaf interchange would be an option, however we should point out it will have a significant impact m the proposed development." As regards the impact of this development on the interstate interchange, the existing level of service at the ramp intersections is F for one turning movement (east bound 1-64 traffic turning left into the city). This failing level of service is due to existing ~raffic. While the proposed development will make the situation at the intersection worse, the failing level of service predates this proposal. This proposal does reduce the level of service from D to F for west bound traffic turning south on 5th street according to the traffic study submitted with the application. However, the traffic study groups the traffic from this development and the Jefferson National Bank development together. Therefore, staffis not able to state what the impact of this development proposal alone is. It is the opinion of staff that the problems associated with the interstate interchange are due to existing and/or prior approved development, and staff opinion is that the need for the improvements to the interstate interchange recommended by VDOT is not substantially generated by this project alone. Staff opinion is that the County and VDOT should work towards improving the level of service at the interchange~ With typical build out pauems it will be the summer of 1998 at the earliest before additional impact to the interchange will be created by occupancy of units in this development. Several years will likely be required for full build ouL This provides time for the County and VDOT to design and install improvements. The improvements will most likely include signalization of the romps. OTHER STAFF COMMENT: As this request was originally submitted as a Planned Development staff has had an opportunity to review a conceptual plan of development for this site. (As previously noted no plan of development has been proffered.) Staffcan identify no physical barriers to development of this site for residential use as either multi-family under the proposed zoning or single family under the existing zoning. The Comprehensive Plan, Open Space Plan identifies critical slopes, wooded areas and non-tidal wetlands on thissite. Site design can allow these areas to be avoided. This site is also subject to review by the ARB. Again, though without a plan of development as part of rczoning, there is no assurance as to how these matters will be addressed in site development. Staffhas reviewed the purpose and intent of the zoning ordinance as contained in Sections 1.4, 1.5 and 1.6 (Attachment E). While the proposal generally is consistent with certain purposes as outlined in these sections, it is inconsistent with those related to assuring adequacy and protection of the transportation system. Development 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 transportation 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 cost associated with them The analysis will be 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 this development. The costs outlined by staff only indicate the proportionate share of construction cost for the additional development generated b? the rezoning over by-right development. Facili _ty Improvement and Impacts: The following are those facilities which will be affected by the rezoning request: A. Transportation - The following project is listed in the CIP and Six Year Plan: · Southern Parkway - estimated cost $3,522,500 Information concerning ultimate traffic impact of this development on the Southern Parkway is not available at this time. The applicant's traffic study did not provide this information. Therefore, the overall cost impact on the Southern Parkway of this proposal cannot be determined. B. Schools - Schools affected by this proposal are Cale Elementary, Walton Middle and Monticello High School. Each school has a project in the current CIP, Cale Elementary $859,000, Walton Middle $370,000 and Monticello High School $22,620,350. Based on additional students as estimated by multipliers currently used by the County a total of 52 additional elementary school students, 24 additional middle school students and 19 additional high school students are anticipated. Cost attributable to this development based on the proportion of students is $530,963 or $1~185.19 per unit. C. Parks and Recreation - Two projects are identified in the CIP: · Towe Park - $t43,144 · Monticello High School Recreation ~ $343,500 Based on the service area and capacity of the facilities and additional residents located in the service area a total of $42,338 is attributable to this development or $94.50 per unit. D. .Libraries - This proposal is considered to be in the service area of the Main Library. One project is identified in the CIP: · Main:Library Mainframe - $293,447 Based on the service area and capacity of the facility and residents located in the service area a total of $12,764 is attributable to this developmem or $28.49 per unit. Summary of fiscal imnaets: Proiects Total Cost Proposed Share Cost/DU Cale $859,000 $89,336 $199.41 Walton $370,000 I $11,840 $26.41 Monticello HS $22,620,350 $429,787 $959.35 Towe Park $143,144 $12,453 $27 80 Monticello HS Rec. $343,500 $29,884 $66.71 Main Library $293,447 $12,764 $28.49 Total $24,629,441 ' $586,064 $1308.17 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 determination of a 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 development. SUMMARY: Staffbas identified the following factors which are favorable to this request: No physical limits on development of the property have been identified; Residential use is consistent with the Transitional land use recommendation of the Comprehensive Plan. While no plan of development has been provided, a proffer assuring a consolidated site plan incorporating all parcels has. Staffhas identified the following factors which are unfavorable to this request: The proposed development does not incorporate all areas shown as Transitional in this area and does not provide for a mixture of residential and non-residential development. The development will further impact the failing level of service for certain turning movements at the 1-64 interchange, although the needed interchange improvements are not substantially generated by this development alone. Staff opinion is that the Land Use Plan provision "Densities shown on this map may not be approved unless infrastructure/facilities are adequate to support development" is significant in consideration of this and future proposals for 5th Street. The Southern Charlottesville Transportation Study includes recommendations for improvement and additional study of the interchange ofi-64 and Fifth Street. The content of the study has been summarized in attachment F. Delay of improvements to the interchange may limit potential development as called for in the Land Use Plan for the development areas south of the City, staff believes that the County and VDOT should work with applicants towards identifying and programming timely improvements. RECOMMENDED ACTION: Staff opinion is that the proffer provided by the applicant addresses the Comprehensive Plan recommendation for a plan of development for the Transitional Area. While the interchange is functioning at a poor level of service and this development will add traffic to the interchange, staff opinion is that improvements to the interchange are not substantially generated by this development alone and there is ample opportunity for improvement of this interchange prior to substantial impact by the proposed development. Staff opinion is that this rezoning request is appropriate and therefore, staff recommends approval subject to the acceptance of the applicant's proffer. ATTACHMENTS: A - Location Map B ~ Tax Map C - Non-Residential Land Use Guidelines D- VDOT Comments E - Purpose and Intent of the Ordinance F - Summary of Southern Charlottesville Transportation Study Recommendations G- Applicant's proffer H - Letters from the public [ - Comments from the City Planning Deparrmem I :\GENERAL\SHARE\FRITZ\S POINTE.RPT I~,~J Attachment A ,I ,/ ZMA-96-24 N&S, L.L.C. ALBEMARLE COUNTY ZMA-96-24 .......... SAMUEL MILLER, SGOTTSVILLE SECTION 76 .... AND ,JACK JOUETT DISTRICTS May 6, 1997 Date: ZMA # PROFFER FORM 96-24 Tax Map Parcel(s) # Original Proffer Amended Proffer (Amendment # ) 76-54,54A,55B,55D ,~ +,,_ Acres to be rezoned from R-2 to .... Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed be Iow which shall be applied to the properly, if rezoned. These conditions are proffered as a part of lhe requested rezoning and it is agreed that: (1) the rezoning itself g~ves rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested. Should this rezoning be approved, we agree that, when a preliminary site plan is submitted, it shall be for the entire area which is. subject to this rezoniag. It is understood that this project willlikely be phased and the plan, when submittbil, will reflect the intended phasing. Slgnatt/t~s of All Owner.s Printed Names et' All Owners OR Signature of Attorney-in-Fact (Attach Proper Power of Attorney) Printed Name of Attorney-in-Fact TO: FROM: DATE: RE: CITY OF CHARLOTTESVILLE, VIRGINIA Albemarle County Planning,.Commission Satyendra Singh Huja, Director of Planning and Community Development Hay 5, 1997 REZONING REQUEST IN ALBElqARLE COUNTY - ROUTE 631 Ex~d.) at 1-64 (5th St. II. INTRODUCTION The purpose of this memorandum is to comment on the proposed rezoning of approximately 28 acres from "R-2" to "R-1 S" in Albemarle County along the northwest side of Route 631 (5th Street, SW Extd.) at the 1-64 interchange with Route 631. The primary concern for the City will be in terms of traffic impacts into the City via 5th Street, SW or, possibly, Old Lynchburg Road. Another purpose of this memorandum is to bring this proposal and the issues to the attention of the Charlottesville City Council, City Planning Commission and City Staff. BRIEF DESCRIPTION The project area as we understand it, involves approximately 28 acres of land which lies' on the northwest side of Route 631 (Sth Street) between the Covenant School property at Old Lynchburg Road and the interchange of 1-64 with Route 631 (Sth Street). Some pertinent data on this land is provided as follows: Re B. C. D. Size; Approximately 28 acres (in the actual rezoning request, but part of 43 total acres) _Number of Dwelling Units: Present: 64 dwelling units potential. Proposed: 420_+ dwelling units by 2002 Access: Route 631 ($th St., Extd.). Proposed by way of a single access opposite Stage Coach Road on Route 631. _Traffic; --Approximately 2600 24-hour trips of which approximately 47% or 1222 can be expected to continue north on 5th Street in the City. --The latest 24-hour traffic counts for 5th Street in the City (1994) show 13,754 total 24-hour trips of which 6105 are northbound and 7649 are southbound. --The a.m. peak hour northbound is 375 trips (less than 200 trips/hour/lane) which is at the lower end of Level of Service "A"~ I0-900 trips/hour/lane). The a.m. peak hour southbound is about the same. It should be noted that the a.m. peak hour for 5th Street is at 1 t:00 a.m. - 12:00 noon, while the a.m. peak hour for the proposed rezoning site is early morning a.m. typical of travel time to work. The proposed development will generate 222 a.m. peak hour trips of which about 60 will be headed north into the City, at a peak hour different from that of 5th Street. -:The p.m. peak hour for 5th Street is 1,352 trips or less than 350 :rips/hour/lane. The proposed development will add 243 p.m. peak hour trips of which about 55 will be headed south out of the City, --The traffic study indicates that in every direction fewer than 60 trips will be added in any peak hour which is less than a car per minute. Albemarle County Planning Commission RE: 631 ~Sth St. Extd.) &t 1-64 May 5, 1997 Page Two --The traffic study also shows about 30 a.m. and 50 p.m. trips added to Old Lynchburg Road during peak hours which although not a large number, could be problematic on Old Lynchburg Road which is a narrow two lane residential street in the City. !11. CONCLUDING REMARKS We understand that this area is planned for "Transition Use" which is a mixed residential~non-residential concept. The City is concerned about the density of the tract as proposed. Also, the City is requesting that care be taken in any development to minimize and accommodate traffic into the City and that the recommendations of the "Southern Charlottesville Study" be incorporated into any plans, including improvements to the 1-64 interchange ramps. We are particularly concerned about the possible impacts on Old Lynchburg Road as it is not designed to handle the traffic the way 5th Street is. If you have any questions, please feel free to contact me or Ron Higgins at 970-3 ! 82. Thank you. RLH:sdp Attachment: Location Hap cc: City Council Planning Commission Gary O'Connell LOCATION MAP Rezoning Request in Albemarle County ZMA 96-24-N&S,L.L.C. North Side of Route 631 (Fifth Street Extended) NOT TO SCALE 5-5-97 To: Bill Fritz Albemarle County Planning Commission County Office Building 401 Mclnfire Road Charlottesville, VA 22902-4596 From: M. Douglas Lowe 970 Rockledge Drive Charlottesville, VA 22903 Phone: Home 971-8846, Office 979-6399 RE: Dear Mr. Fdtz, I am writing to voice my support for the above mentioned project. I live in a nearby subdivision known as Redfields. The reason for my support is that the project is consistent with the comprehensive plan as I understand it. This area is within the designated grov~h areas and is closeto good roads, utilities & schools. In a sense this project works as an "ih fill" type Of proje~ since there is significant development beyond this property already, I am aware that there is a concern about more traffic on the exit ramp coming off of the interstate and that the ramp is not able to serve adequately at the moment. Two years ago 5th Street Extended was widened to four lanes and straightened out to improve the access to this part of the county. Everything about this project seems consistent with the area "a~ planned" except that there is a question about the exit ramp off of the interstate_ The situation reminds me of someone building a house with a beautiful and spacious garage and forgetting to build the wall to accommodate a garage door. I do not kn°w the history that led to building the four lane extension at 5th Street (a decision made probably 10 years ago), but I would suppose that it was for eff~cient growth in an area so close to the Charlottesville City Limits which is consistent with good planning_ Now that a good road has been put in. it seems inconsistent to deny this type of project due to a bad exit ramp .design. It seems to me that the County should use its funds or resources that it can gain from state or federal monies to upgrade the intersection in question. I am recommending that the project be approved and that the ramp upgrade be looked at as a priority by the County. Please recall that this ramp also serves a lot of traffic for Avon Street since no ramp exists there. Whether or not this particular project is approved, the ramp needs to be reviewed and prioritized anyway. Thank you for considering my thoughts on this matter, Sincerely, M. Dougl~'s Lowe FROM : ~BS Rentals ca× ~B04-971-7802 PHONE NO. : Piedmont Hospital LLC P.O. Box 3344 Charlottesville, Virginia 22903 Phone 804-971-7802 Maw. 05 1997 03:52PM P2 May 5, 1997 Mr. Bill F~itz Planning and Community Development Courted of Alben~rle County Office Building Charlottesville, Virginb 22902 Dear Mr. Fritz: My wife and I are the current owners of the Piedmont Hospital LLC (the former Mountain Wood Drug Treatment Center), that is eurrenflybeing rented by The Covenant School. Adjace~t to this property is the parcel owned by Mr. S.W. Heisehman and his investment group. We have been informed by Mr. Heisehman and his group of their R- 15 zoning request made to the County of Albemarle Planning Commission for their parcel, and would k'ke to go on reoord supporting this R~15 use. We feel that ~hi~ R-15 zoning is-an exce/lent use for a property that is between the Route 64 Interchange, lefferson National Bank Operations Center and the Piedmont Hospital LLC parce] and would fit in nbely ~vith the other developments in the area. Sincerely, Cynthia B. Stultz Piedmont Hospital LLC P.O. Box 3344 Charlottesville, Virginia 22903 Phone 804-971-7802 May 5, 1997 Mr. Bill Fritz Planning and Community Development County of Albemarle County Office Building Charlottesville, Virginia 22902 Dear Mr. Fritz: My wife and I are the current owners of the Piedmom Hospital LLC (the former Mountain Wood Drag Treatment Center), that is currently being rented by The Covenant School. Adjacent to this prope~z¢ is the parcel owned by Mr. S. W. Heischman and his investment group. We have been informed by Mr. Heisctmum and his group of their R-15 zoning request made to the County of Albemarle Planning Commission for their parcel, and would like to go on record suppo~ng this R-15 use. We feel that this R-15 zoning is an excellent use for a property that is between the Route 64 Interchange, Jefferson National Bank Operations Center and the Piedmont Hospital LLC parcel and would fit in nicely with the other developments in the area. Sincerely, .ames D. Stultz ]997 Planning Cynthia B. Stultz May 1, 1997 Mr. Wayne Cilimberg Director of Plmming Albemarle County 401 Mclntyre Street Charlottesville, VA 22901 RE: South Point Development - ZMA-96-24 Dear Mr. Cilimberg: It is my understanding that the South Point Development is being considered for a Regional Shopping Center. It has been very interesting to me the way this area has developed in the ten years since I moved my office to the Stagecoach Road/Country Green Lane area. The new four-lane divided highway makes great sense in my mind to having the South Point land as a Regional Shopping Center as opposed to aparmaent projects. There is excellent access from downtown and offi-64, and with the Jefferson Bankshares building across the highway. Accordingly, I would like to register my support for the Regional Shopping Center on the South Point Development, Sincerely, DAVID R. GEHR COMM SSIONER Attainment D COMMONWEALTH of VIRQINIA DEPARTMENT OF TRANSPORTATION 701 VDOT WAY CHARLOTTESVILLE P::'911 A. G. TUCKER RESIDENT ENGINEER March 31, 1997 South Pointe Rezoning Route 631 Albemarle County Mr. Bill Fritz Dept. of Planning & Community Development County Office Bldg. 401 McIntire Road Charlottesville, VA. 22902 Dear Mr. Fritz: We continue to have concern for the ramps at 1-64 and Route 631 interchange. These ramps are presently functioning at a level of service "F" and of course any conninued development will only exacerbate the problem. The Kellerco, Inc. study of June 25, 1995 indicates that signalization will be needed at both ramps in the future. The need for one or cwo signals should be determined by developer and at what level of service they would provide for current proposed development, along with what would be the second phase of this site development The diamond interchange appears no fail for any intensive development and may do so with current proposal without modeling of signals at the existing ramps for currenn study. Most likely a clover leaf interchange would be an option, however we should point out it will have a significant impac~ to the proposed development. We would like co make you aware that this study should not be separate from the nexu phase of development, that includes general office and shopping center, if it is to develop as previously planned. To consider separately may have significant impact to mitigation measures needed for total site as pointed out in memorandum to Mr. Ron Keeler on November 21, 1996. We will certainly review needs separately, but are sEill of the opinion, as previously addressed, that the requirements indicated in November 1996 memorandum are needed for total build-ouu of plan. Turn lanes into the site would be required for the dwelling units phase and signalization to be borne by the developer at the site enErance. We will consider a cost sharing of signals for the 1-64 ramps after it has been determined what is needed. RECEIVED Planning Dept TRANSPORTATION FOR THE 21ST CENTURY Attachment D Page 2 Page 2 March 31, 1997 Mr. Bill Fritz South Pointe Rezoning A note in Table I, states that ITE Code 220, apartments post 1973 was used. Since ITE Code 223 was not available for 24 hour trips, the daily nrip generation appears no be acceptable, however the peak hour enterin~ and exiting volumes appear to be only 5.5% of the 24 hour volume. We recommend using the exiting and enterin~ volumes for the same ITE Code as the 24 hOUr daily trips. Otherwise classification is needed no justify the low percentage for the peak periods. This will impact traffic analysis for intersections. If you have any questions, please advise before releasing commenns no the developer. y~/rs truly, Assistant Resident Engineer PlWM/ldw cc: Chris Ree~ Irma vonKutzleben J. H. Kesterson Jeff Heres At ta~nment E 1.0 1.1 1.2 1.3 1.4 GENEEAL PI{O~SIO~ AUT]{ORITY,.. ESTABLISI~ENTt .PURPOSE ABID OFFICIAL ZONING MAP AUTHORITY AND ENACTMENT This ordinance, to be cited as the Zoning Ordinance of Albemarle County, is hereby ordained, enacted and published by the Board of Supervisors of Albemarle County, Virginia, pursuant to the provisions of Title 15.1, Chapter 11, Article 8, Code of Virgznia, 1950, and amendments thereto. AMENDMENT TO ADOPT An ordinance co reenact and readopt the Albemarle County Zoning Ordinance and the Albemarle County Zoning Map. Be it ordained by the Board of Supervisors of Albemarle~County, Virginma: That the following ordinance known as the Zoning Ordinance of Albemarle County, ¥irglnia, together with the Zoning Map attached thereto, be and the same are, readopted and reenacted effective immediately upon adoption of this ordinance. EFFECTIVE DATE, REPEAL OF CONFLICTING ORDINANCES This Zoning Ordinance of Albemarle County, Virginia, shall be effec- tive at and after 5:15 P.M., the 10th day of December, 1980 and at the same time the Albemarle County "Zoning Ordinance" adopted December 22, 1969, as amended, is hereby repealed. PURPOSE AND INTENT This ordinance, insofar as is practicable, is intended to be in accord with and to implement the Comprehensive Plan of Albemarle County adopted pursuant to the provisions of Title 15.1, Chapter 11, Article 4, Code of ¥irglnia, 1950, as amended, and has the purposes and intent se~ forth in Title 15.1, Chapter 11, Article 8. As set forth in section 15.1-427 of the Code, this ordinance is intended to improve public health, safety, convenience and welfare of citizens of Albemarle County, Virginia, and to plan for the fu~zre ~evelopment of co,maunities to the end that transportation syssems be carefully planned; that new community centers be developed with adequate highway, utility, health, educational and recreational facilities; that the needs of agriculture, industry and business be recognized in future growth; that residential areas be provided with healthy surroundings for family life; that agricultural and forestat land be preserved; and that the growth of the co~mnunity be.consonant with the efficient and economical use oi public funds. (Added 9-9-92) Therefore be it ordained by the Board of Supervisors of Albemarle County, Virginia, for the purposes of promoting the health, safety, convenience and general welfare of the public and of planning for the -l- (Supp. #68, 9-9-92) 1.4;1 1.4.2 1.4.3 1.4.4 1.4.5 1.4.6 1.4.7 1.4.8 1.4.10 1.4.11 1.5 Att ~ent E Page 2 future development of the community, that the zoning ordinance of Albemarle County, together with the official zoning map adopted by reference and ddclared-to be a part of this ordinance, is designed: To provide for adequate light, air, convenience of access and safety from fire, flood and other dangers; To reduce or prevent congestion in the public streets; To facilitate the creation of a convenient, attractive and harmonious community; To facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools,, parks, forests, playgrounds, recreational facilities, airports and other public requirements; To protect against destruction of or encroachment upon historic areas; To protect against one or more of the following: overcrowding of land, undue density of population in relation to the community faci- lities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health, or property from fire, flood, panic or other dangers; To encourage economic development activities that provide desirable employment and enlarge the tax base; (Amended 9-9-92) To provide roy the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environ- ment; (Amended 9-9-92) To protect approach slopes and other safety areas of licensed air- ports, including United States government and military air facilities; (Added 11-1-89; Amended 9-9-92) To include reasonable previsions, not inconsistent with the applicable state water quality standards to protect surface water and groundwater defined in section 62.t-44.85(8) of the Code of Virginia; and (Added 11-1-89; Amended 9-9-92) To ~romote affordable housing. (Added 9-9-92) RELATION TO ENVIRONMENT This ordinance is designed to treat lands which are similarly situated and environmentally similar in like manner with reasonable considera- tion for the existing use and character of properties, the Comprehen- sive Plan, the suitability of property for various uses, the trends of growth or change, the current and future land and water requirements of the community for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, and the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services; for -2- (Supp. #68, 9-9-92~ 1.6 1.7 1.8 tachment E Page 3~ the conservation of natural resources; and preservation oi I~oou plains, the preservation of agricultural and forestal land, the con- servation of properties and their values and the encouragement of the most appropriate use of land throughout the county. (Amended 11-1-89) RELATION TO COMPREHENSIVE PLAN In drawing the zoning ordinance and districts with reasonable consi- deration of the Comprehensive Plan, it is a stated and express purpose of this zoning ordinance to create land use regulations which shall encourage the realization and impl~mentation of the Comprehensive Plan. To this end: development is to be encouraged in Villages, Communities and the Urban Area; where services and utilities are available and where such development will not conflict with the agricultural/forestal or other rural objectives; and development is not to be encouraged in the Rural Areas which are to be devoted to preservation of agricultural and forestal lands and activities, water supply protection, and conservation of natural, scenic and historic resources and where only limited delivery of public services is intended. (Amended 11-1-89) OFFICIAL ZONING MAP The unincorporated areas of Albemarle County, Virginia, are hereby divided into districts, as indicated on a set of map sheets entitled "Zoning Map of Albemarle County, Virginia" which, together with all explanatory matter thereon, is hereby adopted by reference and de- clared to be a part of this ordinance. The Zoning Map shall be identified by the signature or the attested signature of the Chairman of the Board of Supervisors, together with the date of adoption of this ordinance. The zoning administrator shall be responsible for maintaining the Zoning Map, which shall be located in his offices, together with the current zoning status of land and water areas, buildings and other structures in the county. The zoning administrator shall be authorized to interpret the current zoning status of land and water areas, buildings and other structures in the county. No changes of any nature shall be made on said Zoning Map or any matter shown thereon except in conformity with the procedures and requirements of this ordinance. It shall be unlawful for any person to make unauthorized changes on the official Zoning Map. Violations of this provision shall be punishable as provided in section 37.0. CERTIFIED COPY, FILING A certified copy of the Zoning Ordinance and Zoning Map of Albemarle County, ¥irginia, shall be filed in the office of the zoning admini- strator and in the office of the Clerk of the Circuit Court of Albe- marle County, Virginia. -3- (Supp. #68, 9-9-92) A~-achment F TO: FROM: DATE: REF: COUNTY OF ALBEMARLE Dept, of Planning & Community Development 401 Mclntire Road Charlottesville, Virginia 22902-4,596 (804) 296-5823 Bill Friz Juandiego R. Wade April 10, 1997 Southern Charlottesville Transportation Study Recommendations Summary from the Southem Charlottesville Transportation Study - Charlottesville Entrance Corridor Study that relates the Fifth Street/1-64 interchange area.. Plan for the installation and coordination of new traffic signals at the 1-64/Fifth Street interchange ramps. Also, plan for the widening of both off-ramps to two lanes; constructing a third lane southbound on Fifth Street and separate right turn lanes northbound and southbound on Fifth Street at the on-ramps. Identified as a long range issue as a function of high capacity, 5th - Ridge St. corridor connecting emerging growth area in the County to the Chville. February 1993 A.M. Peak Hour Volumes/LOS. The east bound ramp had a LOS F. The west bound ramp had a LOS D. (See me for specific numbers) Febrhary 1993 P.M. Peak Hour Volumes/LOS. The east bound ramp had a LOS F. The west bound ramp had a LO8 F. (See me for specific numbers) AM Peak Hour Volumes/LOS in Year 2015 with no improvements. East bound ramp LOS F West bound ramp LOS F Fifth Str. North bound LOS F Fifth Str. South bound LOS D Attachment F Page 2 page 2 April 10, 1997 PM Peak Hour Volumes/LOS in Year 2015 with no improvements. East bound ramp LOS F West bound ramp LOS D Fifth Str. North bound LOS E Fifth Str. South bound LOS F A signal on Fifth Street south ofi-64 may be required to access the commercial tract which could be developed~near the 1-64 interchange. Plan for the installation and coordination of new traffic signals at the Iq54/Fifth Street interchange ramps. Also, plan for the widening of both off-ramps to two lanes; constructing a third lane southbound on Fifth Street and separate right turn lanes northbound and southbound on Fifth Street at the on-ramps. If these improvements are done the LOS became a B and D at the lights. (See attachment) 1993 Land Use Assumptions were used for the Study. The four transportation analysis zones (TAZ) used for modeling purposes directly adjacent to this intersection assumed the following totals for 2015: Dwelling Units= 1,668 Population= 4,249 Autos=3,406 Employment=494 Attachment pc: David Benish 0 ITl Z m om ~m II 0 F' 0 ! ! I