HomeMy WebLinkAbout2000-08-16
ACTIONS
Board of Su ervisors Meetinof Au ust 16, 2000
AGENDA ITEM/ACTION
1. Call to order.
4. Others Matters Not Usted on the Agenda from the Public.
. Ms. Ellyn Ma~shan-Nelson, a County resident, said she
recently fell in the parking lot of a company located in the
County, suffenng injury and loss of income. She said the
handicapped--access ramp was not clearly marked, so she
could not distinguish it from the sidewalk. She asked the
Board to adopt an ordinance providing for the safety of
citizens walking on such ramps, and that they require the
intin of ram sand ad'acent curbs in ublic laces.
5.1. Proclamation recognizing 8/26/00 as Women's Equality Day.
ADOPTED.
5.2. Proclamation recognizing 8/29 through 9/3100 as Albemarle
Cou Fair Week. ADOPTED.
5.3. Authorize County Executive to execute service agreement with
Scottsville Volunteer Rescue Squad advanCing $80,000 to
purchase new Type II ambulance. AUTHORIZED County
Executive.
5.4. Adopt resolution authorizing County Executive to execute lease
with the Commonwealth of Virginia for use of office space by
the Office of the General Registrar. ADOPTED.
5.5. Authorize County Executive to execute agreement between
Albemarle County and the University of Virginia for services to
be provided by an Operational Medical Director (OMD).
AUTHORIZED Coun Executive.
5.6. Adopt Resolution Approving the Filing of an Application With
the Virginia Public School Authority for a Loan in a Principal
Amount not to Exceed $2,605,000. ADOPTED.
5.7. Request for Exemption from the Department of Health Rules
and Regulations Governing Emergency Medical Services
EMS. APPROVED.
5.8. Request Support for a Variance to the State Emergency
Medical Services EMS Re rtin R uirement. APPROVED.
5.9. Appropriation: · Bulletproof Vest Grant, $8,135 (Form #99085).
ADOPTED.
5.10. Appropriation: QUIP Coordinator Position Transfer, $64,240
Form #20002 . ADOPTED.
5.11. Appropriation: Public Safety Communications Grant 01-
A3611CP01, $3,500 Form #20005 . ADOPTED.
5.12. Appropriation: Crime Prevention Coordinator Grant 01-
09783, $36,516 Form #20006 . ADOPTED.
5.13. Appropriation.: School Resource Officer Grant 01-
B3377ADOO, $45.785 (Form #20007). ADOPTED.
Au ust 17, 2000
ASSIGNMENT
Meeting was called to order at 7:00 p.m., by the
Chairman. All BOS members present except
Mr. Dorrier and Ms. Thomas.
Clerk: Laurie Bantle .
County Attorney: Look into the matter.
Clerk: Forward proclamation (attachment A) to
Dolores Conklin, National Organizatio,n for
Women.
~ Forward proclamation (attachment B) to
Unda Anderson, Albemarle Cou Fair, Inc.
Coun1y Attorney: Obtain signatures on agreement
(attachment C) and return signed copy to Clerk's
office.
County AttOlTleY: Obtain signatures on lease
(attachment D) and return signed copy to Clerk's
offICe.
Clerk: Forward signed resolution (attachment E) to
Jackie Harris.
County Att~y: Obtain signatures to agreement
(attachment F) and return signed copy to ClerK's
office.
ClerK: Forward signed resolution (attachment G) to
Brenda Neitz. Send copy to Kevin castner and
Melvin Breeden, and file in Board cket.
Coun1y f;xecutive: Submit Request for Exemption
to EMS.
5.14. Appropriation: Victim Witness Assistance Program Grant, Clerk: Forward signed appropriation form to
$76,606 (Form #20008). ADOPTED. M. Breeden, coovina approoriate oersons.
5.15. Appropriation: Comprehensive Community Corrections Act Clerk: Forward signed appropriation form to
Grant 01-E6348, $564,442 (Form #20009). ADOPTED. M. Breeden, cooving aoorooriate s.
5.18. Copy of Draft Building Rental Policy for community use of Engineering staff: Review report to ensure that
school facUities. RECEIVED FOR INFORMATION. General Government and School Board policies
and fees are similar.
6. SP-Oo-036. Barbara J Fried Physical Rehab Therapy, LLC (Sign None.
#60). DEFERRED until 9120/00.
7. SP-OO-15. C\Mf Intelos-CV206 (Rt 654) (Sign #30). Clerk: List COnditions (attachment H).
APPROVED wl12 conditions.
8. SP-OQ-18. CVR-336 Union Run (Signs #36&37). APPROVED Cleric List conditions (attachment H).
w/13 conditions.
9. SP...00-025. Woolen Mills Warehouse (Sign #45). APPROVED Clerk: List conditions (attachment H).
wl2 conditions.
10. SP-00-032. Free Bridge Auto Sales (Sign #72). APPROVED Clerk: List conditions (attachment H).
w/4 conditions.
11. SP-OO-035. Roslyn Ridge Office (Sign #99). APPROVED w/4 Clerk: List conditions (attachment H).
conditions.
12. ZMA-OQ-01. Covenant Church (Sign # 48). APPROVED Clerk: List proffer (attachment H).
subiect to oroffer.
15. Closed Session. None.
16. Certify Closed Session. None.
17. Adioum at 8:30 O.m. None.
Attachment A
PROCLAMATION
WHEREAS, many decades of effort by workers for women ~ rights were required to give
women the right to vote; and
WHEREAS, citizens must always be willing to work to assure that the laws and policies in
the Commonwealth of Virginia, the United States of America, and this County do not unjustly
discriminate against females, and any other group; and
WHEREAS, unjust treatment based on views of inequality is often subtle; and
WHEREAS, it is appropriate for this County to recognize a day that commemorates the
passage of the 19th Amendment to the Constitution of the United States, the amendment that
gave the right of suffrage to American women;
NO~ THEREFORE, BE "" RESOLVED that the Board of Supervisors of Albemarle
County, Virginia, does hereby proclaim
August 26, 2000
as
WOMEN'S EQUALITY DA Y
in remembrance of all those women and men who have worked to develop a more equitable
community that acknowledges both the real similarities and the important differences between
women and men; and
BE IT FURTHER RESOLVED that the Board of Supervisors urges all citizens to
eliminate all unjust discrimination and prejudice against women, and ensure equality of rights,
privileges, and responsibilities for all women and men.
Signed and sealed this 16th day of August, 2000.
Attachment C
SERVICE AGREEMENT
THIS AGREEMENT, made this day of , 2000, by and
between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision, (the "County"), and the
SCOnSVILLE VOLUNTEER RESCUE SQUAD, INC., a Virginia Non-Profit Corporation, (the "Rescue
Squad").
WHEREAS, the Rescue Squad agrees to continue to provide valuable rescue squad services
in Albemarle County in its delineated service area as set forth on the Response Area Maps located at
the Emergency Operations Center ("Service Area"); and
WHEREAS, the Rescue Squad desires the County to contribute Eighty Thousand Dollars
($80,000) for the purchase of a new ambulance necessary to provide rescue squad services in the
said Service Area.
NOW, THEREFORE, for and in consideration of the above stated premises, the County and
Rescue Squad agree, as follows:
1. The County shall contribute to the Rescue Squad Eighty Thousand Dollars ($80,000) to
be used for purchase of an ambulance. The funds shall be allocated from the County's Fire Fund
("Fund") and shall be made available upon execution of this agreement.
2. The Rescue Squad agrees that the County will withhold Ten Thousand Dollars
($10,000.00) from the County's annual appropriation to the Rescue Squad's operating budget
beginning July 1, 2001 and ending after a final withholding in July 2008. Thus at the end of eight (8)
years, which is the term of this Agreement, a total of $80,000 shall be withheld. This withholding
may be used by the County to replenish the Fund for so long as the County, at its discretion,
continues such Fund. This withholding is in addition to the withholding for all prior advances under
prior service agreements with the Rescue Squad dated November 16, 1998, August 14, 1996, May
15, 1996, February 3, 1995, March 16, 1993, July 19,1989, and October 15,1987. The Rescue
Squad agrees that any amount of this repayment which may exceed the County's annual
appropriation will be remitted to the County no later than July 31st of each repayment year.
3. The Rescue Squad agrees that the Eighty Thousand Dollars ($80,000) contribution shall
be used only for the purchase of the ambulance to be used in the Service Area in Albemarle County.
The Rescue Squad further agrees that it shall not convey the ambulance or any interest therein to any
party other than the County without the County's prior written consent during the useful life of the
ambulance or the term of this Service Agreement, whichever is longer. For purposes of this
Agreement, the useful life of the ambulance shall be eight years from the date the ambulance is
placed into service. In addition, the Rescue Squad agrees that any insurance proceeds received from
a claim related to any damage to the ambulance shall be used entirely for the immediate repair and
improvement of the ambulance unless the County expressly authorizes in writing a different use for
such funds.
4. The Rescue Squad agrees that at such times as it no longer provides voluntary rescue
squad services in Albemarle County while operating under the jurisdiction of the County that it shall
convey all of its interest in the vehicle described in paragraph 1 to the County at no additional cost to
the County upon the County's request.
5. The County and Rescue Squad agree that the covenants set forth in their prior agreements
dated November 16,1998, August 14,1996, May 15, 1996, February 3~ 1995, March 16, 1993, July
19, 1989, and October 15, 1987, to the extent they are not in conflict with this Agreement, shall
remain in full force and effect.
6. Nothing contained herein shall be construed to prevent additional appropriations by the
County to the Rescue Squad, at the discretion of the County Board of Supervisors, to support,
enhance, or augment the services to be provided by the Rescue Squad.
Witness the following signatures and seals.
Attachment 0
Unavailable at this tirne, as it is coming from DMV. It will be forwarded to the appropriate parties when it
is available.
Attachment E
RESOLUTION
WHEREAS, THE Commonwealth of Virginia is the owner of certain property located in Albemarle
County known as th~ Charlottesville DMV Customer Service Center, and desires to lease
office space within such building for use by the OffICe of the General Registrar.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors hereby
authorizes Robert W. Tucker, Jr., County Executive, to execute the attached lease
agreement.
*******************************
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a
Resolution duly adopted by the Board of Supervisors of Albemarle County by a vote of 4 to 0 on
August 16, 2000.
Attachment F
AGREEMENT
BETWEEN
COUNTY OF ALBEMARLE VIRGINIA
AND
THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA
This AGREEMENT is made this 30th day of December, 1999, by and between the Rector and
Visitors of the University of Virginia ("UVa"), on behalf of its Department of Emergency Medicine ("UVa
Department"), and County of Albemarle Virginia, on behalf of its Fire Rescue Administration Division
("County").
WHEREAS, the County desires an Operational Medical Director ("OMD") to review and
establish protocols for its Emergency Response Team ("ERT"), coordinate and maintain the necessary
documentation for certification as required by the Virginia Office of EMS, and review the medical care
given by ERT for appropriateness.
WHEREAS, the UVa Department employs Emergency Medicine board-certified physicians
recognized through the Virginia Office of EMS and the Thomas Jefferson EMS Council as Operational
Medical Directors ("OMD"), and has the capacity and desire to provide these services to County;
NOW, THEREFORE, in consideration of the common aims, interest, and mutual advantages
accruing to the parties hereto, both parties hereby agree as follows:
Section 1: Duties and Responsibilities Qfthe UVa Department
1) The UVa Department will review the County EMS policies, guidelines, standard operating
procedures, and dispatch protocols as requested.
2) The OMD will participate in a run review and evaluation of EMS provider's performance on an
ongoing basis. The OMD retains the right to limit the scope of practice of any EMS provider. Written
notification of scope of practice limitations will be given to the provider and their agency head.
3) The UVa Department agrees to assign the physician requested by the County, Dr. Sabina
Braithwaite, to serve as OMD and to provide oversight to County and its EMS program. In the event that
Dr. Braithwaite becomes unavailable to provide these Services, the UVa Department may provide another
appropriately qualified physician to provide OMD services, subject to priQl' written approval by the County.
4) The OMD will review training schedules and participate in conducting training programs and
skills evaluations on a monthly basis.
5) The UVa Department will invoice County on a monthly basis for all services provided during the
previous month, in accordance with the terms of this Agreement. An itemized listing of the various charges
and their rates is attached as Appendix A
6) The OMD will provide any other duties, as required by 12 Virginia Administrative Code 5-30-
110(A), attached as Appendix B, or by any successor statute or regulation.
Section 2: Duties and Responsibilities of County
1) The County agrees to license the ERT and vehicles in accordance with Commonwealth of Virginia
laws and regulations, including but not limited to the Rules and Regulations Governing Emergency
Medical Services promulgated by the Virginia Office of EMS.
2) The County agrees to provide training to EMS providers at the level specific to their level of
certification and require maintenance of current Commonwealth of Virginia certification, in accordance
with Commonwealth of Virginia laws and regulations, including but not limited to the Rules and
Regulations Governing Emergency Medical Services promulgated by the Virginia Office of EMS.
3) The COWlty will require all members to participate in ongoing continuing education classes at
levels consistent with their provider level.
4) The County agrees to operate in accordance with protocols established and approved by the OMD
assigned to this program.
5) The County agrees to develop and revise their standard operating procedures, dispatch protocols,
and general policies in cooperation with the OMD.
6) The County agrees to remit payment to the UVa Department for all services provided Wlder this
Agreement within 30 days of receipt of invoice.
7) The COWlty agrees to select a member of the UVa Depl!f1:ment Staff approved as an OMD in the
Thomas Jefferson EMS region to serve as its OMD.
Section 3: General Provisions
1) Insurance and Liability. UV A, at its sole expense, agrees to maintain insurance or other risk
coverage for professional liability and comprehensive general liability in amoWlts of at least $1.5 million
per occurrence and $3 million in the annual aggregate. County at their sole expense agrees to maintain
insurance or other risk coverage for professional liability and comprehensive general liability in amounts of
at least $1.5 million per occurrence, $3 million in the annual aggregate. Both parties agree to increase these
limits to the minimum required amounts for any renewals of this Agreement as mandated by legislative
actions. At any party's request, another party shall provide a certificate of insurance required by this
Agreement. The parties shall notify the others in writing thirty (30) days prior to tennination of any such
insurance coverage.
2) Professional Responsibilities. Each party shall be responsible for its own actions and/or omissions
and is not responsible for the actions and/or omissions of the other parties.
3) Non-Appropriation. Notwithstanding any provision in this Agreement to the contrary, if the
County government fails to appropriate fimds for the continuance of this Agreement, the Agreement and all
obligations hereunder shall automatically tenninate upon depletion of the then currently appropriated or
allocated fimds. The County shall give the UVa Department a minimum of sixty (60) days' prior written
notice in the event of non-appropriation.
4) Waiver. Waiver of breach of any provision of this Agreement shall not be deemed a waiver of
any other breach of the same or different provision.
5) Relationships of the Parties. The parties to this Agreement intend that this Agreement will create
a relationship of independent contractors among them. Nothing in this Agreement shall be construed as, or
be deemed to create among the parties hereto, a relationship of employer and employee, or principal and
agent, or any relationship other than that of independent parties contracting with each other solely for the
purpose of carrying out the provisions of this Agreement. The obligations of each party to this Agreement
shall inure solely to the benefit of the other parties hereto, and no person or entity shall be a third party
beneficiary of this Agreement.
6) Si~atorv Authority. Any changes or amendments to this Agreement will become effective only
after signature by the appropriate authority. The Executive Director ofUVa and the County Executive of
the County shall have signatory authority. Any change in authority shall be promptly communicated to the
other parties in writing.
7) Notices. Any notice required to be given pursuant to the terms and provisions of this Agreement
shall be in writing and shall be sent by certified or registered mail return receipt requested. postage prepaid.
or by express mai4 or by personal hand delivery to the individuals designated by the OVa Department and
the County at the addr~ses listed below:
If to the OVa Department:
Mr. Kevin C. Pillow
Administrative Manager
P.O. Box 800699
Charlottesville. VA 22908
If to the County:
8) Assignment. This Agreement may not be assigned by any of the parties. nor may any of the
parties delegate or subcontract any of their duties hereunder. without prior written consent of the other
parties.
9) Severability. If any provision of this Agreement is held to be unenforceable or otherwise contrary
to any applicable laws. regulations or rules, such provision shall have no effect and shall be severable
without affecting the validity or enforceability of the remaining provisions of this Agreement
10) Amendment. This Agreement may be amended by the mutual written consent of the parties.
11) Entire Agreement. This Agreement, together with Appendix A, constitutes the entire agreement
between the parties. and as of the effective date hereof supersedes all other agreements and understandings
between the parties with respect to the subject matter hereof.
12) Headings. Headings are solely for convenience and shall not be used in interpreting the text of
this Agreement.
13) Governing Law. This Agreement shall be interpreted and enforced in accordance with the laws of
the Commonwealth of Virginia and any applicable federal law.
14) Independent Contractor Relationship. The services performed under this Agreement are to be
performed as an independent contractor. Consequently. no federal. state or local income tax or payroll tax
of any kind will be withheld or paid by County on behalf of the OVa Department.
15) Income Reporting. The UVa Department understands that it is responsible to pay, according to
law. income tax on monies received under this Agreement. County agrees to provide the OVa Department
on or before January 31 of each year a 1099 indicating compensation paid to the OVa Department during
the previous year.
16) Worker's Compensation. No workers' compensation shall be provided to the OVa Department by
County for the performance of services under this Agreement.
Section 4: Term, Termination, and Rate Re-negotiation
1) This Agr~t will become effective on December 30. 1999 and shall remain in effect for one year.
The Agre~ will automatically renew for additional one year terms unless notice of non-renewal is
given to the other party at least sixty (60) days prior to the Agreement end date.
2) Termination for Cause. Any party to this Agreement may terminate this Agreement for cause. In
the event that any party desires to terminate this Agreement for cause. the Agreement shall terminate upon
receipt of written notice from the terminating party. As used in Section 4. "cause" shall mean: (a) a
material breach of the terms of this Agreement, provided, however, that the breaching party fails to cure
such breach within thirty (30) days of receipt of notice of the breach from a non-breaching party; (b) the
occurrence of or criminal indictment for any act or omission by a party that is determined by another non-
breaching party to be'detrimental to its reputation, operation or activities; (c) the loss of insurance required
in Section 3.1; or (e) the failure of County to remit payment as specified in Section 2.6.
In testimony whereof: the parties hereto have caused their presence to be signed in their name by
their duly authorized agent.
Appendix A
Rate Schedule for County
Service Provided:
Rate
DescriPtion
Physician Operational Medical Director
Annual Contract Rate
$100.00 Per Hour
Not to exceed $12,000 Per Annum
Appendix B
12V AC5-30-110. Basic life support requirements.
All EMS agencies which provide basic life support services shall comply with the following requirements:
A. Medical Director - Each EMS agency which provides basic life support services shall be required to
Mve a minimum of one Operational Medical Director.
I. Such Operational Medical Director shall be a licensed physician and shall be required to meet the
following qualifications.
a. The physician shall seek the endorsement with respect to his qualifications from the local Medical
Society for the position as Operational Medical Director. The physician shall submit the recommendation
to the office of Emergency Medical Services.
b. 1he office shall require a letter of endorsement from the Regional EMS Council or the local Medical
Society. The local Medical Society shall be notified of an endorsement made by the Regional EMS Council
when no endorsement is available from the Medical Society.
2. The EMS agency shall report the name, address, and telephone mnnber of the Operational Medical
Director to the Commissioner and shall keep such record current.
3. An Operational Medical Director may serve in such capacity to any number of EMS agencies.
4. Res~~ilities to the Basic Life Support Medical Director shall include but not be limited to the
following:,. ,
a. Establ.tof cooperative arrangements with participating medical facilities and EMS agencies.
b. Function as a resource to the agency(s) in planning. scheduling; and delivery of training and continuing
education programs for the EMS providers.
c. Periodically conduct a review of the agency(s) activities as they relate to patient care to ensure an
effective quality assurance program.
d. Provide for the establishment of any other rules or regulations to ensure the delivery of proper patient
care within the basic life support agency.
Statutory Authority
~32.1-148 et seq. and Chapter 1.1:1 (~9-6.14:1 et seq.) of Title 9 of the Code of Virginia.
Historical Notes
Derived from VR355-32-01 ~3.3; efI. September 1; 1980; revised, eft: July 1; 1990.
Attachment G
At a regular meeting of the Board of Supervisors of Albemarle County, Virginia,
held on the 16th day of August, 2000, at the time and place established by such Board for
its regular meetings, in accordance with Section 15.2-1416 of the Code of Virginia of
1950, as amended, at which the following members were present and absent:
PRESENT: Mr. David P. Bowerman
Ms. Charlotte Y. Humphris
Mr. Charles S. Martin
Mr. Walter F. Perkins
ABSENT: Mr. Lindsay G. Dorrier, Jr.
Ms. Sally H. Thomas
the following resolution was adopted by the affirmative roll call vote of a majority of all
members of the Board, the ayes and nays being recorded in the minutes of the meeting as
shown below:
MEMBER
VOTE
Mr. Bowerman
Ms. Humphris
Mr. Martin
Mr. Perkins
Aye
Aye
Aye
Aye
RESOLUTION APPROVING THE FILING OF AN
APPLICATION WITH THE VIRGINIA PUBLIC SCHOOL
AUTHORITY FOR A LOAN IN A
PRINCIPAL AMOUNT NOT TO EXCEED $2,605,000
WHEREAS, the Board of Supervisors (the '~Board") of Albemarle CoUnty,
Virginia, (the
"County"), in collaboration with the Albemarle County School Board, has determined
that it is necessary and desirable for the County to undertake various capital
improvements for its public school system:
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE
COUNTY, VIRGINIA:
1. The Board hereby approves the filing of an application with the Virginia
Public School Authority for a loan to the County in a principal amqunt not to exceed
$2,605,000 to finance various capital improvements for its public school system. The
County Executive, in collaboration with the other officers of the County and the
Albemarle County School Board, is hereby authorized and directed to complete an
application and deliver it to the Virginia Public School Authority.
2. This resolution shall take effect immediately.
The undersigned Clerk of the Board of Supervisors of Albemarle County,
Virginia, certifies that the foregoing instrument constitutes a true and correct extract from
the minutes of a regular meeting of the Board held on the 16th day of August, 2000, and
of the whole thereof so far as applicable to the matters referred to in such extract.
WITNESS my signature and seal of the Board of Supervisors of Albemarle
County, Virginia, this 17th day of August, 2000.
Attachment H
CONDITIONS
SP-00-15. CVW Intelos--CV206 (Rt 654) (Siqn #30).
1. The tower shall be limited to a total of two (2) 40-inch (height) by 10-inch (width) panel
antennas mounted no higher than the existing static lines on the existing tower [one-hundred-
twenty (120) feet from the base of the existing tower to the center of the antenna]. No
extension above the existing tower height permitted;
2. The antennas and supporting cables shall be the same color as the existing power line tower;
3. Accessory ground equipment/cabinets shall be located underground as depicted in
Attachment F of this report. The portion of the ground equipment located above ground shall
be of a earth tone color to minimize visibility of the structure;
4. Attachment of the antennas to the power line tower shall be in accord with the plan titled
"CFW Intelos Rt. 654 CV 206, sheet #3, dated 7/10/00 (on file in the Clerk's office); antennae
shall extend no further than fourteen (14) inches from the tower pole;
5. Planning Department approval of a landscape plan for the substantial screening of the
ground equipment. No fencing of the ground cabinet equipment;
6. Antennas may be attached to the tower only as follows:
a. Antennas shall be limited to those shown in a plan titled "CFW Intelos, Rt. 654
CV206,"
b. Satellite and microwave dish antennas are prohibited;
7. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a
horizontal plane running though the lowest part of the shield or shi'elding part of the luminaire.
For purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or
lamps together with the parts designed to distribute the light, to position and protect the
lamps, and to connect the lamps to the power supply. Outdoor lighting shall be limited to
periods of maintenance only;
8. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the
lease area shall not be required;
9. The antenna and appurtenant equipment shall be disassembled and removed from the site
within ninety (90) days of the date its use for wireless telecommunications purposes is
discontinued;
10. The permittee shall submit a report to the zoning administrator once per year, by not later
than July 1 of that year. The report shall identify each user of the tower and shall identify
each user that is a wireless telecommunications service provider;
11. The supporting cable shall be located on the west side of the tower; and
12. The ground equipment (vault) shall be a minimum of twenty-five (25) feet from the driveway
as shown on Attachment "C" of the staff report dated August 8,2000 (on file in the Clerk's
office).
SP-OO-18. CVR-336 Union Run (Si~:ms #36&37).
1. The tower shall comply with the following conditions of the certificate of Appropriateness:
a. Neither, the height of the wooden monopole nor the antennas shall exceed fifty
(50) feet. The applicant shall provide a certified statement on the height of the
tower.
b. Only flush mounted, panel type antennas shall be used. No antennas that
project out from the pole shall be approved.
c. There shall be no option to co-locate other facilities on this pole;
2. The applicant shall provide a certified statement on the height of the tower;
3. The tower shall be designed, constructed and maintained as follows:
a. The tower shall not be painted and shall be natural wood color;
b. Guy wires shall not be permitted; and,
c. The tower shall have no lighting;
4. The tower shall be located on the site as follows:
a. The tower shall be located as shown on the attached plan (on file in the Clerk's
office) entitled "Triton PCS, INC. CV-R-336-G Union Run";
5. Antennas may be attached to the tower only as follows:
a. Antennas shall be limited to those shown in a plan titled "Triton PCS, INC. CV-R-
336-G Union Run".
c. Satellite and microwave dish antennas are prohibited;
6. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a
horizontal plane running though the lowest part of the shield or shielding part of the luminaire.
For purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or
lamps together with the parts designed to distribute the light, to position and protect the
lamps, and to connect the lamps to the power supply. Outdoor lighting shall be limited to
periOdS of maintenance only;
7. Prior to beginning construction or installation of the tower or the equipment building, or
installation of access for vehicles or utilities, a tree conservation plan developed by a certified
arborist, specifying tree protection methods and procedures and identifying any existing trees
to be removed on the site outside the access easement and tower lease area, shall be
submitted to the Director of Planning and Community Development for approval. All
construction or installation associated with the tower and equipment building, including
necessary access for construction or installation, shall be in accordance with this tree
conservation plan. Except for the tree removal expressly authorized by the Director of
Planning and Community Development, the cutting of trees within seventy-five (75) feet of the
tower shall be limited to dead trees and trees of less than six (6) inches in diameter
measured at six (6) inches above the ground, except those trees identified on the plans as
necessary for the establishment of the tower;
8. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the
lease area shall not be required;
9. The tower shall be disassembled and removed from the site within ninety (90) days of the
date its use for wireless telecommunications purposes is discontinued;
10. The permittee shall submit a report to the zoning administrator once per year, by not later
than July 1 of that year. The report shall identify each user of the tower and shall identify
each user that is a wireless telecommunications service provider;
11. No slopes associated with construction of the tower and accessory uses shall be created that
are steeper than 2: 1 unless retaining walls, revetments, or other stabilization measures
acceptable to the County Engineer are employed;
12. The access road shall be built with side slopes on cut and fill slopes at 2:1 or flatter; and,
13. The access road shall disturb no more than seventy-five (75) feet in cross section.
SP-00-025. Woolen Mills Warehouse (Sign #45).
1. Albemarle County Engineering approval of an Erosion and Sediment Control Plan; and
2. Water quality measures shall be provided subject to the approval of the Water Resources
Manager.
SP-Oo-032. Free Bridge Auto Sales (Sign #72).
1. a) Relocate the row of thirteen (13) display spaces that is currently located between the
building and the EC and move the building forward on the site to increase the
prominence of the building and decrease the prominence of the parking; OR
b) If the building stays in the location shown on the site plan, additional landscaping
beyond the standard ARB requirements will be required both internally and along both
sides of the property;
2. Vehicles shall not be elevated;
3. Use shall not commence until a Certificate of Appropriateness is issued by the ARB for a
site plan, including landscaping and lighting plans; and,
4. Recordation of a plat combining a 1.132 acre portion of Tax Map 78, Parcel 9 to subject
Parcel 57B as reflected on a copy of a plat by B. Aubrey Huffman & Associates, L TO.,
initialed and dated "YA 7/26/00", filed with SP 00-032 (Attachment 0.1 on file in the
Clerk's office).
SP-00-035. Roslvn Ridge Office (Sign #99).
1. An undisturbed buffer strip of minimum fifteen (15) feet in width shall be maintained along
both abutting property lines, with landscaping and screening to be approved with the site
plan in accordance with Section 32.7.9. To the extent feasible, the existing vegetation
shall be retained on the site. The buffer strip abutting Garden Court shall be undisturbed,
with existing trees within the buffer preserved and incorporated into the landscape plan.
A six-foot-high opaque fence shall be placed between the parking lot ~nd the Townwood
units;
2. All exterior lighting shall be full cutoff luminaires if the lamps emit 3,000 or more lumens.
All outdoor lighting shall be arranged or shielded to reflect light away from adjoining
residential districts and away from adjacent streets;
3. The building shall be no more than three stories in height and designed in keeping with
the character of the area, and consistent with the sketch plan named"Roslyn Ridge
Offices" dated 7/11/00; and
4. Building square footage shall be limited to 8,000 square feet.
ZMA-00-01. Covenant Church (Sign # 48).
Proffer:
Date: June 20, 2000
ZMA #: 00-001
Tax Map and Parcel Number(s): 61-154C
0.611 Acres to be rezoned from C-1 to CO
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance. the owner, or its duly
authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to
the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it
is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such
conditions have a reasonable relation to the rezoning request.
1. The uses permitted on the property shall be limited to those permitted by right in Sections
23.2.1.4, 23.2.1.7 and 23.2.1.8, and those permitted by special use permit in Section
23.2.2, of the Albemarle County Zoning Ordinance, as they were in effect June 14, 2000.
Copies of the cited sections are attached hereto (on file in the Clerk's office).
INTER
_BoordoCCoud;y~
om.oofllleClclk"''''_
401-"Rood
~1Jo, __ 229Q2.4S96
804-296-5843
MEMO
OFFICE
To:
From:
Subject:
Date:
Melvin A. Breeden, Director of Finan~
Laurel A. Bentley, Senior Deputy Cle
Appropriations Approved on August 16, 00
August 18, 2000
Attached are the original appropriation forms for the following items that were approved by the
Board at its meeting on August 16,2000:
1) Appropriation: Bulletproof Vest Grant, $8,135 (Form #99085),
2) Appropriation: QUIP coordinator Position Transfer, $64,240 (Form #2002),
3) Appropriation: Public Safety Communications Grant 01-A3611CP01, $3,500 (Form #20005),
4) Appropriation: Crime Prevention Coordinator Grant 01-09783, $36,516 (Form #20006),
5) Appropriation: School Resource Officer Grant 01-B3377ADOO, $45,785 (Form #20007),
6) Appropriation: Victim Witness Assistance Program Grant, $76,606 (Form #20008), and
7) Appropriation: Comprehensive Community Corrections Act Grant 01-E6348, $564,442 (Form
#20009).
Attachments
cc: Christina Cavaliere
Robert Walters
Larry Davis
John Miller
Ed Robb
Frank Morgan
. Kevin Castner
David P. Bowerman
Rio
Undsay G. Domer, Jr.
ScottsviDe
Charlotte Y. Humphris
Jack Jouett
Ms. Dolores Conklin
110 George Rodgers Road
Charlottesville, VA 22911
Dear Ms. Conklin:
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5843 FAX (804) 296-5800
August18,2000
At its August 16, 2000 meeting, the Albemarle County Board of Supervisors adopted the
attached proclamation declaring August 26,2000 as Women's Equality Day.
Please contact me at 804-296-5843 with any questions. Thank you.
Enclosure
Sincerely,
d~6.~
Laurel A. Bentley, C.M.C.
Senior Deputy Clerk
(j
Printed on recycled paper
Charles S. Martin
Rlvanna
Walter F. Perkins
WhiteHall
Sally H. Thomas
Samuel Miller
PROCLAMA TlON
WHEREAS, many decades of effort by workers for women s rights were required
to give women the right to vote; and
WHEREAS, citizens must always be willing to work to assure that the laws and
policies in the Commonwealth of Virginia, the United States of America, and this County
do not unjustly discriminate against females, and any other group; and
WHEREAS, unjust treatment based on views of inequality is often subtle; and
WHEREAS, it is appropriate for this County to recognize a day that commemorates
the passage of the 19th Amendment to the Constitution of the United States, the
amendment that gave the right of suffrage to American women;
NO~ THEREFORE, BE IT RESOL VED that the Board of Supervisors of Albemarle
County, Virginia, does hereby proclaim
August 26, 2000
as
WOMEN'S EQUALITY DA Y
in remembrance of all those women and men who have worked to develop a more.
equitable community that acknowledges both the real similarities and the important
differences between women and men; and
BE IT FURTHER RESOLVED that the Board of Supervisors urges all citizens to
eliminate al/ unjust discrimination and prejudice against women, and ensure equality of
rights, privileges, and responsibilities for all women and men.
Signed and sealed this 16th day of August, 2000.
Charles S. Martin, Chairman
Albemarle County Board of Supervisors
July 15, 2000
The Honorable Charles S. Martin
Chair, Albemarle County Board of Supervisors
200 Pineridge Lane
Charlottesville, VA 22911
6/~~'
Dear }IIr.'~Martin:
In commemoration of the ratification of the 19th Amendment to the U.S.
Constitution giving women the right to vote, August 26 is observed nationally as
WOMEN'S EQUALITY DAY.
Since, however, real equality of rights and responsibilities has yet to be
achieved in the 80 years since ratification, in recent years the Charlottesville regional
chapter of National Organization for Women has issued a Proclamation for annual
official endorsement by local governments.
As our chapter has members in several of the surrounding counties, we are
presenting your Board with an opportunity to endorse the Proclamation along with
Charlottesville City Council and the Supervisors of Louisa and Nelson Counties. A
copy is enclosed. While it is a fairly long statement, we believe that this is what our
communities need and we would be pleased if you would use it in its entirety.
We appreciate your support and your efforts to improve and strengthen our
communities.
Sincerely yours,
I!J~ ~
Dolores Conklin
110 George Rodgers Road, Charlottesville 22911
. '(j)..,11 iJ 1i'.J /IU All _B \, II ~~ II
ktbl-bJ/vl ~ t.MAItJ-1Jrtt.,. f--fJ~ik +((,;~ ,v\.YvN
Katherine Ballard Hoffman U
President, Charlottesville N. O. W.
David P. Bowennan
Rlo
Undsay G. Dorrier, Jr.
Scottsvil1e
Charlotte Y. Humphris
Jack Jouett
Ms. Linda Anderson
Albemarle County Fair, Inc.
P.O. Box 121
North Garden, VA 22959
Dear Ms. Anderson:
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mcintire Road
Charlottesville, Virginia 22902-4596
(804) 296-5843 FAX (804) 296-5800
August18,2000
At its August 16, 2000 meeting, the Albemarle County Board of Supervisors adopted the
attached proclamation declaring the week of August 29, 2000 through September 3, 2000 as
Albemarle County Fair Week.
Please contact me at 804-296-5843 with any questions. Thank you.
Enclosure
Sincerely,
-Y ,<>
OiCLUuJ () .,/;;)p ,i /1. t) ,
. " - - -'(]
Laurel A. Bentley, C.M.C.
Senior Deputy Clerk
*
Printed on recycled paper
Charles S. Martin
Rlvanna
Walter F. Perkins
WhIte Hall
Sally H. Thomas
Samuel MllIer
ALBEMARLE COUNTY FAIR, INC.
POBOX121
NORTH GARDEN, VIRGINIA 22959
LINDA ANDERSON
804-979-155
July 26, 2000
Albemarle County Board of Supervisors
Albemarle County Office Building
401 McIntire Road
Charlottesville, Virginia 22902
ATTENTION: Ms. Ella Carey, Clerk
Dear Sirs and Madams:
On behalf of the Albemarle County Fair Board of Directors and its 275 volunteers, we do
hereby petition the Albemarle County Board of Supervisors to issue a proclamation designating
the week of Tuesday, August 29th through Sunday, September 3rd as "Albemarle County Fair
Week."
Such a proclamatio~ we feel, would recognize the tireless and charitable efforts of the
volunteers and Fair Directors in presenting this event which is of great important to the general
public.
As you know, the Fair encourages participation by all in many events, exhibitions and
competitions and it is open to all citizens of the world. This year we celebrate our nineteenth yeat
of operation.
Your consideration of this petition is appreciated.
Sincerely,
\
'~~~
Linda Anderson
Administrative Assistant
BOARD OF SUPERVISORS
f. f_
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
ALBEMARLE COUNTY FAIR WEEI(
for the past 19 years, the Albemarle Counry Fair has entertained tens of thousands
of guests during its annual production; and
the Albemarle Counry Fair is unique in many ways, founded by a group of
communiry spirited people who wanted something special for their neighbors and
friends to enjoy and enrich their lives. The theme has always emphasized the
Counry's agricultural and forestal heritage; and
the Albemarle Counry Fair is a non-profit corporation operated by dedicated
volunteers, officers and directors; and
the Albemarle Counry Fair offers an atmosphere conducive to families and their
children. A friendly, safe, carefree atmosphere is the hallmark of the event. Unique
in the state in that all food an(l drink is sold by local non-profit organizations as an
opportuniry for them to raise monies for their worthwhile programs; and
the Albemarle Counry Fair supports agricultural and rurallifesryles, offers exhibits
of home-art skills, crops, large livestock, small livestock and poultry, with
competitions in livestock and numerous other fann skills, and nightly entertainment
for all to enjoy;
NOW, THEREFORE,
I, Charles S. Martin, Chainnan, on behalf of the Albemarle Board of
Counry Supervisors, do hereby proclaim the week of
AUGUST 29, 2000 THROUGH SEPTEMBER 3, 2000
as
ALBEMARLE COUNTY FAIR WEEK
and urge all citizens to actively participate in the scheduled activities and
programs sponsored and supported lry the more than 3QO volunteers, public
and area businesses.
CHAIRMAN
ALBEMARLE BOARD OF COUNTY SUPERVISORS
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Service Agreement with Scottsville Volunteer Rescue Squad
AGENDA DATE:
August16,2000
ITEM NUMBER:
ACTION:
INFORMATION: X
SUBJECT/PROPOSAL/REQUEST:
To authorize the County Executive to sign the service
agreement with Scottsville Volunteer Rescue Squad
advancing $ 80,000 to purchase a new Type II ambulance.
CONSENT AGENDA:
ACTION:
INFORMATION:
ATTACHMENTS: Yes
STAFF CO NT ACT(S):
Messrs. Tucker, Foley, Davis, Pumphrey
REVIEWED BYJ(l:l.A~ _
U.-n
BACKGROUND:
Several years ago Albemarle County established a revolving fund to be used by the ten volunteer fire and rescue companies
in the County. This fund, currently funded at two million dollars, provides the volunteer companies a means of acquiring
needed fire-fighting and rescue squad equipment and buildings, interest free, with repayments being deducted from their
annual County appropriation. Requests for disbursements from the fund are monitored and approved by the Jefferson Country
Fire and Rescue Association (JCFRA).
DISCUSSION:
The current amount available in the revolving fund is $ 327,400.67. Scottsville Volunteer Rescue Squad has requested,
through JCFRA, an advance of $ 80,000 to be used for the purchase of an ambulance and has executed the standard service
agreement approved by the County Attorney's office. This advance can be disbursed upon approval of this agreement by the
Board of Supervisors. Repayment of the allocation will be over an eight-year period beginning in FY 00-01.
JCFRA has approved this request.
RECOMMENDATION:
Staff recommends authorizing the County Executive to execute the attached Service Agreement.
BOARD OF SUPERVISORS
00.165
"'!'t
SERVICE AGREEMENT
THIS AGREEMENT, made this ~4~ day of Au. ~-\-- , 2000,
by and between the COUNTY OF ALBEMARLE, VIRGINIA, a po~~cal subdivision, (the
.County.), and the SCOTTSVILLE VOLUNTEER RESCUE SQUAD, INC., a Virginia Non-
Profit Corporation, (the "Rescue Squad.),
WHEREAS, the Rescue Squad agrees to continue to provide valuable rescue squad
services in Albemarle County in its delineated service area as set forth on the Response
Area Maps located at the Emergency Operations Center (.Service Area.); and
WHEREAS, the Rescue Squad desires the County to contribute Eighty Thousand
Dollars ($80,000) for the purchase of a new ambulance necessary to provide rescue squad
services in the said Service Area.
NOW, THEREFORE, for and in consideration of the above stated premises, the
County and Rescue Squad agree, as follows:
1. The County shall contribute to the Rescue Squad Eighty Thousand Dollars
($80,000) to be used for purchase of an ambulance. The funds shall be allocated from the
County,.s Fire Fund (.Fund.) and shall be made available upon execution of this agreement.
2. The Rescue Squad agrees that the County will withhold Ten Thousand Dollars
($10,000.00) from the County.s annual appropriation to the Rescue Squad.s operating
budget beginning July 1, 2001 and ending after a final withholding in July 2010. Thus at
the end of eight (8) years, which is the term of this Agreement, a total of $80,000 shall be
withheld. This withholding may be used by the County to replenish the Fund for so long
as the County, at its discretion, continues such Fund. This withholding is in addition to the
withholding for all prior advances under prior service agreements with the Rescue Squad
Department dated November 16, 1998, August 14, 1996, May 15, 1996, February 3,
1
1995, March 16, 1993, July 19, 1989, and October 15, 1987. The Rescue Squad agrees
that any amount of this repayment which may exceed the County.s annual appropriation
will be remitted to the County no later than July 31st of each repayment year.
3. The Rescue Squad agrees that the Eighty Thousand Dollars ($80,000)
contribution shall be used only for the purchase of the ambulance to be used in the Service
Area in Albemarle County. The Fire Department further agrees that it shall not convey the
ambulance or any interest therein to any party other than the County without the County.s
prior written consent during the useful life of the ambulance or the term of this Service
Agreement, whichever is longer. For purposes of this Agreement, the useful life of the
ambulance shall be fifteen years from the date the ambulance is placed into service. In
addition, the Fire Department agrees that any insurance proceeds received from a claim
related to any damage to the ambulance shall be used entirely for the immediate repair and
improvement of the ambulance unless the County expressly authorizes in writing a
different use for such funds.
4. The Rescue Squad agrees that at such times as it no longer provides voluntary
rescue squad services in Albemarle County while operating under the jurisdiction of the
County that it shall convey all of its interest in the vehicle described in paragraph 1 to the
County at no additional cost to the County upon the County.s request.
5. The County and Rescue Squad agree that the covenants set forth in their prior
agreements dated November 16, 1998, August 14, 1996, May 15, 1996, February 3, 1995,
March 16, 1993, July 19, 1989, and October 15, 1987, to the extent they are not in
conflict with this Agreement, shall remain in full force and effect.
6. Nothing contained herein shall be construed to prevent additional appropriations
by the County to the Rescue Squad, at the discretion of the County Board of Supervisors, to
support, enhance, or augment the services to be provided by the Rescue Squad.
2
.".
Witness the following signatures and seals.
~t8 ~ 6n
Date
_1\ ~ u...S -\- 01 4 dO 00
Date t
B
SCOTTS
SQUAD, I
Approved as to Form:
~#L
~nty A orney
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE:
The foregoing Servicn Agreement was signed, sworn to and acknowledged before
~e.~~s014 -l-h da of l'hltd ,2000 by Robert W. Tucker, Jr.
Notary Public
MyCommission Expires:
r 6iJ lC0 /
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE:
3
~..:~".
."." . .').....~,jIf~. ~
,'~ ~~~: .~--~
~ -~~ .~.
\'- ~.., ~l!
(C(O) MU\1[ (OfN",VJEAJL lfl1[ oif V][ JRJGr ][ N][ A
Department of Motor Vehicles
Richard D. Holcomb 2300 West Broad Street
Commissioner
September 18, 2000
Ms. Marsha Davis
Albemarle County Office
401 McIntire Road
Charlottesville, Virginia 22902
Dear Ms. Davis:
RE: Office Space for the Office of the General Registrar in the
Charlottesville DMV Customer Service Center (CSC)
Thank you for your letter of August 25. Enclosed is y our copy of the fully
executed Memorandum of Agreement.
We look forward to working with the County and the General Registrar in
providing convenient services for the area citizens.
Sincerely,
fk:-4dt?-
JUsti{J. Th~~as, Assistant Director
Facilities Services and Planning
JST:dhc
Ene.
cc: Ms. Cameron Quinn
State Board of Elections
Post Office Box 27412
Richmond. VA 23269-0001
(804) 367-0538
FAX: (804) 367-6631 TDD: 1-800-272-9268 E-MAIL: commish@dmv.state.va.us WEB SITE: www.dmv.state.V3.US
MEMORANDUM OF AGREEMENT
This MEMORANDUM OF AGREEMENT, hereinafter referred to as "Agreemenf' is entered into this 17th day
of August, 2000, by and between The County of Albemarle, Virginia, hereinafter referred to as "The County,"
and the Commonwealth of Virginia, Department of Motor Vehicles, hereinafter referred to as "DMV. If
WHEREAS, the Charlottesville DMV Customer Service Center is located at 2055 Abbey Road, in Albemarle
County, Virginia, and
WHEREAS, Section 24.2-411 of the Code of Virginia requires The County to furnish the Office of the General
Registrar with a suitable office which shall be the principal office for voter registration, and
WHEREAS, the National Voter Registration Act requires that DMV offices accept applications for registration
of voters in the Commonwealth of Virginia, and
WHEREAS, it is mutually beneficial that the Office of the General Registrar be located in the Charlottesville
DMV office, and DMV is willing to provide office space to the Albemarle County Office of the General
Registrar for the purpose of receiving voter registration applications, responding to inquiries, and registering
voters.
NOW THEREFORE, The County and DMV agree as follows:
1. OFFICE SPACE PROVIDED: Effective July 1, 2000, DMV will provide three offices consisting of a
total of approximately 500 sq. ft. of office space located in the Charlottesville DMV Customer
Service Center ("CSC") at 2055 Abbey Road, Charlottesville, Virginia 22911 ("the space"). The
remaining area contained within the CSC will continue to be used exclusively by the DMV to carry
out the responsibilities of the agency asset forth in Virginia Code 946.2-200 and other applicable
law, except to the extent that The County will be allow~d to share the usage of other areas as set
forth in Paragraphs 4(c), 4(e) and 5(f).
2. INITIAL TERM OF AGREEMENT: The initial term of this Agreement shall be for a period of one
year beginning July 1, 2000, and terminating June 30, 2001.
3. PURPOSE AND USE OF OFFICE SPACE: The space is to be used and occupied by the
Albemarle County Office of the General Registrar for the purpose of registering voters in the
Commonwealth of Virginia, and any other statutory duties or responsibilities as that office is
. currently or may now or hereinafter be empowered by law to use same.
4. DMV AGREES:
a. To deliver quiet possession of the space to The County, for use and occupancy
by the Office of the General Registrar only, on the effective date of this
Agreement.
b. To provide, including installation if necessary, for use by the Office of the General
Registrar, at DMV's expense, one personal computer, printer, fax machine and
paper shredder, to be located at the information desk, to assist the Office of the
General Registrar in carrying out its statutory responsibilities. Said equipment is
for use by the Office of the General Registrar and is not to be replacement for
such equipment as the Office of General Registrar may already own or lease in
its present office, which the Office of the General Registrar may elect to move
upon the relocation of said offices to the esc.
c. To share use of DMV's conference room facilities with the Office of the General
Registrar, to be scheduled with DMV's management staff.
d. To provide at DMV's expense all utilities and to pay any costs associated
therewith, including but not limited to service charges, connection and
disconnection charges, use charges, and taxes for electricity, sewage, and water,
.
and further to provide heating and air-conditioning at DMV's expense and to pay
any costs associated therewith.
e. To share use of the customer service information counter where one registrar
may be seated in order to carry out voter registration responsibilities.
2
f. To allow the Office of the General Registrar to have access to and to use the
space at all times during the hours of operation of the office established at the
sole discretion of the Registrar. Such hours of operation need not coincide with
the CSC's hours of operation.
5. THE COUNTY AGREES:
a. That The County has inspected the space and accepts it as is.
b. That neither the County nor the Office of the General Registrar, nor their
employees, appointees or agents will injure or disfigure the said space or CSC or
any part thereof in any way, nor allow the same to be done.
c. That the space provided by DMV will only be used for the services described above,
and will not be used for any other purpose without the written consent of DMV.
d. That the employees of the Office of the General Registrar shall not be deemed to be
employees of the Department of Motor Vehicles or of the Commonwealth of Virginia
because of this Agreement or because of their activity at the esc. Rather, the
employees of the Office of the General Registrar shall continue to be considered
and treated as appointees of the Local Electoral Board. At all times, they shall only
carry out the duties and responsibilities assigned to them by the Office of the
General Registrar.
e. That the customer service information counter will be staffed by an Albemarle
County or a City of Charlottesville registrar during those hours the CSC has
established for itself to be open for business; and further that any signage (including
color, design and location) located on DMV property designating the location and
hours of operation of the Office of the General Registrar will first be approved by
DMV.
f. That employees of the Office of the General Registrar shall be provided access to
the common areas available to DMV employees during CSC operating hours. That
the employees of the Office of the General Registrar shall comply with the office,
health, safety and security procedures established for CSC employees. That the
3
Office of the General Registrar will provide a list of its authorized employees to the
CSC management and keep the listing up-to-date. That the Office of the General
Registrar shall also provide the CSC management twenty-four (24) hours prior
notice of any after-hours activity.
g. That all personal property placed in or moved onto the CSC premises shall be at
the sole risk of The County or owner of such personal property, and DMV shall
have no liability for any reason for damage to same.
h. During the entire term of this Agreement and any renewal thereof, The County
covenants and agrees to keep in force' at its own expense in companies and
forms acceptable to DMV insurance which, in effect, indemnifies, defends, and
holds DMV, its employees and agents, harmless from and against all claims,
suits, actions, costs, penalties, liabilities, damages, losses, obligations,
judgments, charges, or other liabilities of any nature whatsoever suffered or
incurred by any persons, to any property, or to the Customer Service Center
caused by or arising out of any act or omission by any employee or agent of The
County, including any employee or agent of the Office of the General Registrar,
while on the DMV premises.
i. To keep in force at its own expense in companies and form acceptable to DMV
insurance covering the Commonwealth of Virginia, the DMV, The County, and
Office of the General Registrar as named insureds as their interests may appear
with regards to this location with minimum limits of Five Hundred Thousand
Dollars ($500,000) for bodily injuries to or death of one person and Five Hundred
Thousand Dollars ($500,000) for bodily injuries to or death of more than one
person as a result of anyone accident or disaster, and property damage
insurance with limits of Fifty Thousand Dollars ($50,000); and The County shall
deliver to DMV upon request a certificate of insurance showing the same to be in
force and effect.
j. That neither The County nor the Office of the General Registrar will allow the
CSC premises to be used for any illegal or immoral purpose, and that neither The
County nor the Office of the General Registrar will do or suffer to be done any act
4
,.
which may be a nuisance, annoyance, inconvenience or damage to DMV, DMV's
tenant, the occupants of adjoining property, or the neighborhood.
k. At the termination of the Agreement, to deliver peacefully the said space in as
good order and repair as the same was at the beginning of this Agreement,
reasonable wear and tear' excepted.
I. That no alterations, additions or improvements to said space shall be made
without the written approval of the DMV.
m. That The County will not assign or transfer by any means its rights and interests
in this Agreement to any other person, business, or entity.
6. MUTUAL AGREEMENTS:
a. The DMV or its agents may enter The County's space at any time to make
emergency repairs.
b. This written Agreement constitutes the entire agreement between the DMV and
The County and shall not be modified, altered. or amended except by written
agreement executed by the parties.
7. RENEWAL AND TERMINATION OF AGREEMENT:
a. Unless otherwise terminated as herein provided, at the end of the initial term this
Agreement shall automatically renew and continue in full force and effect from
year to year subject to the same terms, conditions and covenants herein
contained ("renewal term"). Such year to year renewal term shall continue to
renew automatically unless terminated by either party in such manner and at such
time as hereinafter provided for termination of the Agreement.
b. This Agreement and any renewal term of this Agreement may be terminated by
either party upon written notice to the other party by certified or registered mail
ninety (90) days prior to the expiration of the initial te~m or any renewal term;
5
!'
otherwise this Agreement shall renew and continue as provided in subparagraph
7(a) above.
8. NOTICE:
DMV hereby designates the Facilities Services and Planning Director, whose address is
Department of Motor Vehicles, 2300 West Broad Street, P.O. Box 27412, Richmond,
Virginia 23269, as the Agent of DMV and any and all notices hereunder, when served
upon the said Agent, shall haye the same force and effect as if served upon DMV in
person; and The County hereby designates Robert W. Tucker, Jr., County Executive,
whose address is 401 Mcintire Road, Charlottesville, Virginia 22902-4596, as the Agent
of The County, for the purpose of accepting notice as may be herein provided.
cofh#~
By
"
APPROVED AS TO FORM:
(Address)
401 McIntire Road
Charlottesville, VA 22902
Richard D. Holcomb, Commissioner
2300 West Broad Street
Post Office Box 27412
Richmond, Virginia 23269
6
.$
OFFICE OF THE GENERAL REGISTRAR
Nt:.eJK.- ~I~
(Signature/title)
Se Ion 24.2-411 requires each local governing body to furnish
the general registrar with a suitable office (owned or leased by
the locality or by the state for the location of DMV facilities) which
shall be the principal office for voter registration. The General
Registrar affixes his signature on this Agreement to acknowledge
his acceptance of the terms and conditions stated therein as it
relates to operation of the office space provided for the Office of
the General Registrar in the Charlottesville DMV Customer
Service Center Office.
7
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Resolution Approving Office of General Registrar Lease
AGENDA DATE:
August 16,2000
ITEM NUMBER:
ACTION:
INFORMATION:
SUBJECT/PROPOSAUREQUEST:
Request approval of lease of office space within the
Charlottesville DMV Service Center
CONSENT AGENDA:
ACTION: X
INFORMATION:
STAFF CONTACT(S):
Tucker, Harris, Davis
ATTACHMEN~
REVIEWED BY:
BACKGROUND:
The National Voter Registration Act requires that DMV offices accept applications for the registration of voters in the
Commonwealth of Virginia. The DMV is willing to make three offices consisting of a total of approximately 500 square feet in
its new Service Center available to the Registrar's Office.
DISCUSSION:
The proposed lease is for an initial one-year term at no cost to the County. DMV will also pay the cost of all utilities. In addition
to office space, the Registrar's Office will have access to common areas available to DMV staff during the Service Center's
operating hours, as well as a conference room. DMV will also provide one personal computer, a printer, fax machine and paper
shredder at an information desk to assist the Registrar in fulfilling her duties.
RECOMMENDATION:
Staff recommends approval of the attached resolution authorizing the County Executive to sign the lease with the
Commonwealth of Virginia.
BOARD OF SUPERVISORS
00.172
INTER
__ofc..av_
0lIl00 ofaClaft..a _
401__
~1Io. ~ 229Q2.4S<J6
_~96-S843
MEMO
OFFICE
To:
From:
Subject:
Date:
Jackie Harris, Registrar ~
Laurie Bentley, CMC, Senior Deputy Cler~
Resolution Approving Office of General Registrar Lease
August 18,2000
Attached is the original resolution approving the Office of General Registrar lease, which
was adopted by the Board of Supervisors at their August 16, 2000 meeting.
Attachment
RESOLUTION
WHEREAS, THE Commonwealth of Vlf9inia is the owner of certain property located in Albemarle
County known as the Charlottesville DMV Customer Service Center, and desires. to lease
office $pacewithin such building for use by the Office of the General Registrar.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors hereby
authorizes Robert W. Tucker, Jr., County Executive, to execute the attached lease
agreement.
*******************************
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a
Resolution duly adopted by the Board of Supervisors of Albemarle County by a vote of 4 to 0 on
August 16, 2000.
MEMORANDUM OF AGREEMENT
This MEMORANDUM OF AGREEMENT, hereinafter referred to as "Agreement" is entered into this 17th day
of August, 2000, by and between The County of Albemarle, Virginia, hereinafter referred to as "The County,"
and the Commonwealth of Virginia, Department of Motor Vehicles, hereinafter referred to as "DMV."
WHEREAS, the Charlottesville DMV Customer SeNice Center is located at 2055 Abbey Road, in Albemarle
County, Virginia, and
WHEREAS, Section 24.2-411 of the Code of Virginia requires The County to furnish the Office of the General
Registrar with a suitable office which shall be the principal office for voter registration, and
WHEREAS, the National Voter Registration Act requires that DMV offices accept applications for registration
of voters in the Commonwealth of Virginia, and
WHEREAS, it is mutually beneficial that the Office of the General Registrar be located in the Charlottesville
DMV ~ffice, and DMV is willing to provide office space to the Albemarle County Office of the General
Registrar for the purpose of receiving voter registration applications, responding to inquiries, and registering
voters.
NOW THEREFORE, The County and DMV agree as follows:
1. OFFICE SPACE PROVIDED: Effective July 1, 2000, DMV will provide three offices consisting of a
total of approximately 500 sq. ft. of office space located in the Charlottesville DMV Customer
SeNice Center ("CSC") at 2055 Abbey Road, Charlottesville, Virginia 22911 (lithe space"). The
remaining area contained within the CSC will continue to be used exclusively by the DMV to carry
out the responsibilities of the agency as set forth in Virginia Code 946.2-200 and other applicable
law, except to the extent that The County will be allowed to share the usage of other areas as set
forth in Paragraphs 4(c), 4(e) and 5(f).
2. INITIAL TERM OF AGREEMENT: The initial term of this Agreement shall be for a period of one
year beginning July 1, 2000, and terminating June 30, 2001.
,-;:..
3. PURPOSE AND USE OF OFFICE SPACE: The space is to be used and occupied by the
Albemarle County Office of the General Registrar for the purpose of registering voters in the
Commonwealth of Virginia, and any other statutory duties or responsibilities as that office is
currently or may now or hereinafter be empowered by Jaw to use same.
4. DMV AGREES:
a. To deliver quiet possession of the space to The County, for use and occupancy
by the Office of the General Registrar only, on the effective date of this
Agreement.
b. To provide, including installation if necessary, for use by the Office of the General
Registrar, at DMV's expense, one personal computer, printer, fax machine and
paper shredder, to be located at the information desk, to assist the Office of the
General Registrar in carrying out its statutory responsibilities. Said equipment is
for use by the Office of the General Registrar and is not to be replacement for
such equipment as the Office of General Registrar may already own or lease in
its present office, which the Office of the General Registrar may elect to move
upon the relocation of said offices to the CSC.
c. To share use of DMV's conference room facilities with the Office of the General
Registrar, to be scheduled with DMV's management staff.
d. To provide at DMV's expense all utilities and to pay any costs associated
therewith, including but not limited to service charges, connection and
disconnection charges, use charges, and taxes for electricity, sewage, and water,
and further to provide heating and air-conditioning at DMV's expense and to pay
any costs associated therewith.
e. To share use of the customer service information counter where one registrar
may be seated in order to carry out voter registration responsibilities.
2
f. To allow the Office of the General Registrar to have access to and to use the
space at all times during the hours of operation of the office established at the
sole discretion of the Registrar. Such hours of operation need not coincide with
the CSC's hours of operation.
5. THE COUNTY AGREES:
a. That The County has inspected the space and accepts it as is.
b. That neither the County nor the Office of the General Registrar, nor their
employees, appointees or agents will injure or disfigure the said space or CSC or
any part thereof in any way, nor allow the same to be done.
c. That the space provided by DMV will only be used for the services described above,
and will not be used for any other purpose without the written consent of DMV.
d. That the employees of the Office of the General Registrar shall not be deemed to be
employees of the Department of Motor Vehicles or of the Commonwealth of Virginia
because of this Agreement or because of their activity at the CSC. Rather, the
employees of the Office of the General Registrar shall continue to be considered
and treated as appointees of the Local Electoral Board. At all times, they shall only
carry out the duties and responsibilities assigned to them by the Office of the
General Registrar.
e. That the customer service information counter will be staffed by an Albemarle
County or a City of Charlottesville registrar during those hours the CSC has
established for itself to be open for business; and further that any signage (including
color, design and location) located on DMV property designating the location and
hours of operation of the Office of the General Registrar will first be approved by
DMV.
f. That employees of the Office of the General Registrar shall be provided access to
the common areas available to DMV employees during CSC operating hours. That
the employees of the Office of the General Registrar shall comply with the office,
health, safety and security procedures established for CSC employees. That the
3
Office of the General Registrar will provide a list of its authorized employees to the
CSC management and keep the listing up-to-date. That the Office of the General
Registrar shall also provide the CSC management twenty-four (24) hours prior
notice of any after-hours activity.
g. That all personal property placed in or moved onto the CSC premises shall be at
the sole risk of The County or owner of such personal property, and DMV shall
have no liability for any reason for damage to same.
h. During the entire term of this Agreement and any renewal thereof, The County
covenants and agrees to keep in force at its own expense in companies and
forms acceptable to DMV insurance which, in effect, indemnifies, defends, and
holds DMV, its employees and agents, harmless from and a9ainst all claims,
suits, actions, costs, penalties, liabilities, damages, losses, obligations,
judgments, charges, or other liabilities of any nature whatsoever suffered or
incurred by any persons, to any property, or to the Customer Service Center
caused by or arising out of any act or omission by any employee or agent of The
County, including any employee or agent of the Office of the General Registrar,
while on the DMV premises.
i. To keep in force at its own expense in companies and form acceptable to DMV
insurance covering the Commonwealth of Virginia, the DMV, The County, and
Office of the General Registrar as named insureds as their interests may appear
with regards to this location with minimum limits of Five Hundred Thousand
Dollars ($500,000) for bodily injuries to or death of one person and Five Hundred
Thousand Dollars ($500,000) for bodily injuries to or death of more than one
person as a result of anyone accident or disaster, and property damage
insurance with limits of Fifty Thousand Dollars ($50,000); and The County shall
deliver to DMV upon request a certificate of insurance showing the same to be in
force and effect.
j. That neither The County nor the Office of the General Registrar will allow the
CSC premises to be used for any illegal or immoral purpose, and that neither The
County nor the Office of the General Registrar will do or suffer to be done any act
4
which may be a nuisance, annoyance, inconvenience or damage to DMV, DMV's
tenant, the occupants of adjoining property, or the neighborhood.
k. At the termination of the Agreement, to deliver peacefully the said space in as
good .order and repair as the same was at the beginning of this Agreement,
reasonable wear and tear excepted.
I. That no alterations, additions or improvements to said space shall be made
without the written approval of the DMV.
m. That The County will not assign or transfer by any means its rights and interests
in this Agreement to any other person, business, or entity.
6. MUTUAL AGREEMENTS:
a. The DMV or its agents may enter The County's space at any time to make
emergency repairs.
b. This written Agreement constitutes the entire agreement between the DMV and
The County and shall not be modified, altered or amended except by written
agreement executed by the parties.
7. RENEWAL AND TERMINATION OF AGREEMENT:
a. Unless otherwise terminated as herein provided, at the end of the initial term this
Agreement shall automatically renew and continue in full force and effect from
year to year subject to the same terms, conditions and covenants herein
contained ("renewal term"). Such year to year renewal term shall continue to
renew automatically unless terminated by either party in such manner and at such
time as hereinafter provided for termination of the Agreement.
b. This Agreement and any renewal term of this Agreement may be terminated by
either party upon written notice to the other party by certified or registered mail
ninety (90) days prior to the expiration of the initial term or any renewal term;
5
otherwise this Agreement shall renew and continue as provided in subparagraph
7(a) above.
8. NOTICE:
DMV hereby designates the Facilities Services and Planning Director, whose address is
Department of Motor Vehicles, 2300 West Broad Street, P.O. Box 27412, Richmond,
Virginia 23269, as the Agent of DMV and any and all notices hereunder, when served
upon the said Agent, shall have the same force and effect as if served upon DMV in
person; and The County hereby designates Robert W. Tucker, Jr., County Executive,
whose address is 401 Mcintire Road, Charlottesville, Virginia 22902-4596, as the Agent
of The County, for the purpose of accepting notice as may be herein provided.
COUNTY OF ALBEMARLE
By
(Signature/title)
(Address)
DEPARTMENT OF MOTOR VEHICLES
By
Richard D. Holcomb, Commissioner
2300 West Broad Street
Post Office Box 27412
Richmond, Virginia 23269
6
OFFICE OF THE GENERAL REGISTRAR
By
(Sig natu re/title )
Section 24.2-411 requires each local governing body to furnish
the general registrar with a suitable office (owned or leased by
the locality or by the state for the location of DMV facilities) which
shall be the principal office for voter registration. The General
Registrar affixes his signature on this Agreement to acknowledge
his acceptance of the terms and conditions stated therein as it
relates to operation of the office space provided for the Office of
the General Registrar in the Charlottesville DMV Customer
Service Center Office.
7
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Agreement between Albemarle County and University of
Virginia for Operational Medical Director Services
AGENDA DATE:
August 16, 2000
ITEM NUMBER:
ACTION:
INFORMATION:
SUBJECT/PROPOSAUREQUEST:
To authorize the County Executive to sign an agreement
between Albemarle County and the University of Virginia for
services to be provided by an Operational Medical Director
(OMD).
CONSENT AGENDA:
ACTION: X
INFORMATION:
ATTACHMENTS: Yes
STAFF CONTACTlS):
Messrs. Tucker, Foley, Davis, Pumphrey
REVIEWED BY: -r/)'2.~
'0<,-,- Cl
BACKGROUND:
The County Division of Fire & Rescue is currently in need of an Operational Medical Director (OMD) to provide the necessary
medical control for Advanced Life Support Service. This position would be a contract position within the Division and will be
responsible for overseeing the Continuous Quality Improvement (CQI) Program and the initial and continuing education
programs for Basic Life Support, Advanced Life Support and Tactical Emergency Medical Service (EMS) personnel. The OMD
also participates in the development and review of patient care protocols and administrative policies and procedures with
regard to EMS activities in cooperation with the Division Chief andlor his designee. The OMD is a member of the Thomas
Jefferson Emergency Medical Service Council for the region.
DISCUSSION:
Dr. Sabina Braithwaite, Assistant Professor of Emergency Medicine, University of Virginia, will provide oversight to County
career emergency service providers as the Operational Medical Director. Execution of the enclosed agreement is necessary
for Dr. Braithwaite to provide this service for the County through the University of Virginia.
RECOMMENDATION:
Staff recommends authorizing the County Executive to execute the attached Service Agreement.
BOARD OF SUPERVISORS
00.176
,_ C -).~\'-\,}-
'I..~- ~~CT:.tI;JI>i, ~,(\:,~ \O{.a,.. .;',,:"::~:--'--:-':.::-::::'~~;
AGREEMENT
BETWEEN
COUNTY OF ALBEMARLE VIRGINIA
AND
THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA
This AGREEMENT is made, this 30th day of December, 1999, by and between
the Rector and Visitors of the University of Virginia ("UVa") , on behalf of its Department
of Emergency Medicine ("UVa Department"), and County of Albemarle Virginia, on
behalf of its Fire Rescue Administration Division ("County").
WHEREAS, the County desires an Operational Medical Director ("OMD") to
review and establish protocols for its Emergency Response Team ("ERT"), coordinate and
maintain the necessary documentation for certification as required by the Virginia Office
of EMS, and review the medical care given by ERT for appropriateness.
WHEREAS, the UV a Department employs Emergency Medicine board-certified
physicians recognized through the Virginia Office of EMS and the Thomas Jefferson EMS
Council as Operational Medical Directors ("OMD"), and has the capacity and desire to
provide these services to County;
NOW, THEREFORE, in consideration of the common aims, interest, and mutual
advantages accruing to the parties hereto, both parties hereby agree as follows:
Section 1: Duties and Responsibilities of the UVa Department
1) The UV a Department will review the County EMS policies, guidelines, standard
operating procedures, and dispatch protocols as requested.
2) The OMD will participate in a run review and evaluation of EMS provider's
performance on an ongoing basis. The OMD retains the right to limit the scope of
practice of any EMS provider. Written notification of scope of practice limitations will be
given to the provider and their agency head.
3) The UVa Department agrees to assign the physician requested by the County, Dr.
Sabina Braithwaite, to serve as OMD and to provide oversight to County and its EMS
program. In the event that Dr. Braithwaite becomes unavailable to provide these services,
the UVa Department may provide another appropriately qualified physician to provide
OMD services, subject to prior written approval by the County.
4) The OMDwill review training schedules and participate in conducting training
programs and skills evaluations on a monthly basis.
BOARD OF SUPERVISORS
Albemarle County Page 218
5) The UVa Department will invoice County on a monthly basis for all services
provided during the previous month, in accordance with the terms of this Agreement. An
itemized listing of the various charges and their rates is attached as Appendix A.
6) The 01\1D will provide any other duties, as required by 12 Virginia Administrative
Code 5-30-11O(A), attached as Appendix B, or by any successor statute or regulation.
Section 2: Duties and Responsibilities of County
1) The County agrees to license the ER T and vehicles in accordance with
Commonwealth of Virginia laws and regulations, including but not limited to the Rules
and Regulations Governing Emergency Medical Services promulgated by the Virginia
Office of EMS.
2) The County agrees to provide training to EMS providers at the level specific to
their level of certification and require maintenance of current Commonwealth of Virginia
certification, in accordance with Commonwealth of Virginia laws and regulations,
including but not limited to the Rules and Regulations Governing Emergency Medical
Services promulgated by the VIrginia Office of EMS.
3) The County will require all members to participate in ongoing continuing
education classes at levels consistent with their provider level.
4) The County agrees to operate in accordance with protocols established and
approved by the OMD assigned to this program.
5) The County agrees to develop and revise their standard operating procedures,
dispatch protocols, and general policies in cooperation with the OMD.
6) The County agrees to remit payment to the UV a Department for all services
provided under this Agreement within 30 days of receipt of invoice.
7) The County agrees to select a member of the UV a Department Staff approved as
an OMD in the Thomas Jefferson EMS region to serve as its OMD.
Section 3: General Provisions
1) Insurance and Liability. UVa, at its sole expense, agrees to maintain insurance or
other risk coverage for professional liability and comprehensive general liability in amounts
of at least $1.5 million per occurrence and $3 million in the annual aggregate. County at
their sole expense, agrees to maintain insurance or other risk coverage for professional
liability and comprehensive general liability in amounts of at least $1.5 million per
occurrence, $3 million in the annual aggregate. Both parties agree to increase these limits
2
Albemarle County Page 3/8
to the minimum required amounts for any renewals of this Agreement as mandated by
legislative actions. At any party's request, another party shall provide a certificate of
insurance required by this Agreement. The parties shall notify the others in writing thirty
(30) days prior to termination of any such insurance coverage.
2) Professional Responsibilities. Each party shall be responsible for its own actions
and/or omissions and is not responsible for the actions and/or omissions of the other
parties. <
3) Non-Appropriation. Notwithstanding any provision in this Agreement to the
contrary, if the County government fails to appropriate funds for the continuance of this
Agreement, the Agreement and all obligations hereunder shall automatically terminate
upon depletion of the then currently appropriated or allocated funds. The County shall
give the UVa Department a minimum of sixty (60) days' prior written notice in the event
of non-appropriation.
4) Waiver. Waiver of breach of any provision of this Agreement shall not be deemed
a waiver of any other breach of the same or different provision.
5) Relationships of the Parties. The parties to this Agreement intend that this
Agreement will create a relationship of independent contractors among them. Nothing in
this Agreement shall be construed as, or be deemed to create among the parties hereto, a
relationship of employer and employee, or principal and agent, or any relationship other
than that of independent parties contracting with each other solely for the purpose of
carrying out the provisions of this Agreement. The obligations of each party to this
Agreement shall inure solely to the benefit of the other parties hereto, and no person or
entity shall be a third party beneficiary of this Agreement.
6) Signatory Authority. Any changes or amendments to this Agreement will become
effective only after signature by the appropriate authority. The Executive Director ofUVa.
and the County Executive of the County shall have signatory authority. Any change in
authority shall be promptly communicated to the other parties in writing.
7) Notices. Any notice required to be given pursuant to the terms and provisions of
this Agreement shall be in writing and shall be sent by certified or registered mail return
receipt requested, postage prepaid, or by express mail, or by personal hand delivery to the
individuals designated by the UV a Department and the County at the addresses listed
below:
3
Albemarle County
If to the UV a Department:
Mr. Kevin C. Pillow
Administrative Manager
P. O. Box 800699
Charlottesville, VA 22908
Page 4/8
If to the County:
Robert W. Tucker, Jr.
County Executive
401 McIntire Road
Charlottesville, VA 22902
8) Assignment. This Agreement may not be assigned by any of the parties, nor may
any of the parties delegate or subcontract any of their duties hereunder, without prior
written consent of the other parties.
9) Severability. If any provision of this Agreement is held to be unenforceable or
otherwise <;ontrary to any applicable laws, regulations or rules, such provision shall have
no effect and shall be severable without affecting the validity or enforceability of the
remaining provisions of this Agreement.
10) Amendment. This Agreement may be amended by the mutual written consent of
the parties.
11 ) Entire Agreement. This Agreement, together with Appendix A, constitutes the
entire agreement between the parties, and as of the effective date hereof supersedes all
other agreements .and understandings between the parties with respect to the subject
matter hereof
12) Headings. Headings are solely for convenience and shall not be used in
interpreting the text of this Agreement.
13) Governing Law. This Agreement shall be interpreted and enforced in accordance
with the laws of the Commonwealth of Virginia and any applicable federal law.
14) Independent Contractor Relationship. The services performed under this
Agreement are to be performed as an independent contractor. Consequently, no federal,
state or local income tax or payroll tax of any kind will be withheld or paid by County on
behalf of the UV a Department.
15) Income Reporting. The UVa Department understands that it is responsible to pay,
according to law, income tax on monies received under this Agreement. County agrees to .
provide the UVa Department on or before January 31 of each year a 1099 indicating
compensation paid to the UV a Department during the previous year.
16) Worker's Compensation. No workers' compensation shall be provided to the UVa
Department by County for the performance of services under this Agreement.
4
Albemarle County
Section 4: Term, Termination, and Rate Re-negotiation
Page 5/8
1) This Agreement will become effective on December 30, 1999 and shall remain in
effect for one year. The Agreement will automatically renew for additional one year terms
unless notice of non-renewal is given to the other party at least sixty (60) days prior to the
Agreement end date.
2) Termination for Cause. Any party to this Agreement may terminate this
Agreement for cause. In the event that any party desires to terminate this Agreement for
cause, the Agreement shall terminate upon receipt of written notice from the terminating
party. As used in Section 4, "cause" shall mean: (a) a material breach of the terms of this
Agreement, provided, however, that the breaching party fails to cure such breach within
thirty (30) days of receipt of notice of the breach from a non-breaching party; (b) the
occurrence of or criminal indictment for any act or omission by a party that is determined
by another non-breaching party to be detrimental to its reputation, operation or activities;
(c) the loss of insurance required in Section 3.1; or (e) the failure of County to remit .
payment as specified in Section 2.6.
In testimony whereof: the parties hereto have caused their presence to be signed in
their name by their duly authorized agent.
The Rector and Vi si tors of the
University of Virginia County of Albemarle Virginia,
~~#~
By: Stephen A. Kimata
. Title: Assistant VP for Finance and
Date LnG~
/,
APPROVED:
Date:
r~
APPROVED AS TO FORM:
Department of Emergency Medicine
~ ~ tf2 :
~y A:ji?ney
/l14A~~~~
By: Marc . Martm, M.D.
Professor and Chair
Date: S /2 a /0(>
I .
5
Albemarle County
Page 6/8
Appendix A
Rate Schedule for County
Service Provided:
Rate
Description
Physician Operational Medical Director
Annual Contract Rate
$100.00 Per Hour
Not to exceed $12,000 Per Annum
6
Albemarle County
Page 7/8
Appendix B
12V AC5-30-11 O. Basic life support requirements.
All EMS agencies which provide basic life support services shall comply with the
following requirements:
A Medical Director - Each EMS agency which provides basic life support services shall
be required to have a minimum of one Operational Medical Director.
1. Such Operational Medical Director shall be a licensed physician and shall be required to
meet the following qualifications.
a. The physician shall seek the endorsement with respect to his qualifications from the
local Medical Society for the position as Operational Medical Director. The physician shall
submit the recommendation to the office of Emergency Medical Services.
b. The office shall require a letter of endorsement from the Regional EMS Council or the
local Medical Society. The local Medical Society shall be notified of an endorsement made
by the Regional EMS Council when no endorsement is available from the Medical Society.
2. The EMS agency shall report the name, address, and telephone number of the
Operational Medical Director to the Commissioner and shall keep such record. current.
3. An Operational Medical Director may serve in such capacity to any number of EMS
agencles.
4. Responsibilities to the Basic Life Support Medical Director shall include but not be
limited to the following:
a. Establishment of cooperative arrangements with participating medical facilities and
EMS agencies.
b. Function as a resource to the agency(s) in planning, scheduling, and delivery of training .
and continuing education programs for the EMS providers.
c. Periodically conduct a review of the agency(s) activities as they relate to patient care to
ensure an effective quality assurance program.
d. Provide for the establishment of any other rules or regulations to ensure the delivery of
proper patient care within the basic life support agency.
7
Albemarle County
Page 8/8
Statutory Authority
~32.1-148 et seq. and Chapter 1.1:1 (~9-6.14:1 et seq.) of Title 9 of the Code of Virginia.
Historical Notes
Derived from VR355-32-01 ~3.3; eff September 1, 1980; revised, eff July I, 1990.
8
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Virginia Public School Authority
AGENDA DATE:
August 16,2000
ITEM NUMBER:
SUBJECT/PROPOSAUREQUEST:
Request adoption of a resolution approving the filing of an
application to the Virginia Public School Authority for a loan in CONSENT AGENDA:
a principal amount not to exceed $2,605,000. ACTION:
ACTION:
x
INFORMATION:
INFORMATION:
STAFF CONTACTCS):
Messrs. Tucker, Castner, Breeden; Ms. White
ATTACHMENTS: Yes
REVIEWED B~
BACKGROUND:
Funding for the FY 2000/01 Capital Improvement Budget anticipated the issuance of $2,601 ,640 in bonds through the
Virginia Public School Authority (VPSA) for various school projects.
DISCUSSION:
Participation in the bond issue requires both the School Board and Board of Supervisors to pass a resolution authorizing
application to VPSA. It is anticipated at this time that the School Board will pass the resolution at their meeting on August
14,2000 and the Board of Supervisors on August 16, 2000. The required application will be submitted to VPSA by their
September 1, 2000 deadline. A number of actions (resolutions, public hearings, approvals) will be required between now
and November 2000 to meet the requirements of VPSA and to maintain their time schedule. The required documents
will be submitted to you as received by the Director of Finance from the County's bond counsel.
RECOMMENDATION:
Staff recommends the passing of the resolution approving the filing of the application with VPSA.
nOARDOF SUPERVISORS
00.173
.'"
INTER
Albemarle Board ofCourtv 8q)etvison
Office of the Clerkto 1be Board
401 Me_Roo<!
Cbotl_Ue, v....,.. 2290Z-4596
304-296-5843
MEMO
OFFICE
To:
Brenda Neitz n
Laurie Bentle\1Y
Resolution
August 18~ 2000
From:
Subject:
Date:
Attached is the original resolution approving the :filing of an application with the VPSA for
a loan in a principal amount not to exceed $2,605,000~ which was adopted by the Board of
Supervisors at their August 16, 2000 meeting.
Attachment
Cc: Kevin Castner
Melvin Breeden
'"
At a regular meeting of the Board of Supervisors of Albemarle COUIlty, Virginia, held on
the 16th day of August, 2000, at the time and place established by such Board for its regular
meetings, in accordance with Section 15.2-1416 of the Code of Virginia of 1950, as amended, at
which the following members were present and absent:
PRESENT: Mr. David P. Bowerman
Ms. Charlotte Y. Humphris
Mr. Charles S. Martin
Mr. Walter F. Perkins
ABSENT: Mr. Lindsay G. Domer, Jr.
Ms. Sally H. Thomas
the following resolution was adopted by the affinnative roll call vote of a majority of all members
ofthe Board, the ayes and nays being recorded in the minutes of the meeting as shown below:
VOTE
MEMBER
Mr. Bowerman
Ms. Humphris
Mr. Martin
Mr. Perkins
Aye
Aye
Aye
Aye
RESOLUTION APPROVING THE FILING OF AN
APPLICATION WITH THE VIRGINIA PUBLIC SCHOOL
AUTHORITY FOR A LOAN IN A
PRINCIPAL AMOUNT NOT TO EXCEED $2,605,000
WHEREAS, the Board of Supervisors (the ''Board'') of Albemarle County, Virginia, (the
"County"), in collaboration with the Albemarle County School Board, has determined that it is
necessary and desirable for the County to undertake various capital improvements for its pubijc
school system:
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE
COUNTY, VIRGINIA:
1. The Board hereby approves the filing of an application with the Virginia Public School
Authority for a loan to the County in a principal amount not to exceed $2,605,000 to finance
various capital improvements for its public school system. The County Executive, in
collaboration with the other officers of the County and the Albemarle County School Board, is
hereby authorized and directed to complete an application and deliver it to the Virginia Public
School Authority.
2. This resolution shall take effect immediately.
.
/i-
The undersigned Clerk of the Board of Supervisors of Albemarle County, Virginia,
certifies that the foregoing instrument constitutes a true and correct extract from the minutes of a
regular meeting of the Board held on the 16th day of August, 2000, and ofthe whole thereof so
far as applicable to the matters referred to in such extract.
WITNESS my signature and seal of the Board of Supervisors of Albemarle County,
Virginia, this 17th day of August, 2000.
(SEAl;)
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Request for Exemption from the Department of Health Rules
and Regulations Governing Emergency Medical Services
(EMS).
AGENDA DATE:
August 16,2000
ITEM NUMBER:
ACTION:
INFORMATION:
SUBJECT/PROPOSALlREQUEST:
The three volunteer rescue squads and the Fire & Rescue
Division are requesting an exemption from the Department of
Health, Rules and Regulations governing Emergency
Medical Services.
CONSENT AGENDA:
ACTION: X
INFORMATION:
ATTACHMENTS: Yes
STAFF CONTACT(S):
Messrs. Tucker, Foley, Davis, Pumphrey
REVIEWED BY: Jt
BACKGROUND:
State codes 5.2.C.1.c and 5.2.C.1.d state that during transport
(c) All Advanced Life Support transports require an Emergency Medical Technician (EMT) as an attendant in addition to
the attendant - in charge and
(d) The operator may serve as the attendant, provided he is a certified EMT.
Although these regulations have been in place since July 1, 1990, the state has only recently begun to enforce them more
vigorously. Because of this new approach by the state, County EMS agencies potentially could be cited for not adhering to
these regulations.
DISCUSSION:
Each of the Rescue Squads serving the County may at times have difficulty maintaining such a high standard for staffing, due
to the limited availability of the volunteer members. We are sometimes in a position of responding to calls with one Advanced
Life Support (ALS) technician to provide patient care, and a driver who is only certified in CPR. We may also have to rely on
members of the fire department to serve as a driver, who mayor may not have any additional EMS training.
Albemarle County Fire & Rescue Division provides ALS first response from three of the County fire stations. At times we may
depend on the personnel from the Division to serve as a driver or to serve as the Attendant-In-Charge (AIC), with only a driver
on board the unit. We have included them in this request to ensure that all of the agencies serving the citizens of the County
meet the same criteria, as closely as they can.
RECOMMENDATION:
Staff and the volunteers recommend this Request for Exemption be approved by the Board.
BOARD OF SUPERVISORS
00.174
May 1, 2000
Mr. David Cullen
Virginia Office of EMS
E. Parham Road
Richmond, Virginia
Dear Mr. Cullen:
The following agencies, which serve the County of Albemarle, are requesting an exemption from the
Department of Health, Rules and Regulations Governing EMS. Albemarle County Division of Fire
Rescue, Charlottesville-Albemarle Rescue Squad, Western Albemarle Rescue Squad, and Scottsville
Rescue Squad are requesting an exemption from 5.2.C.1.c. and 5.2.C.1.d which state that during
transport
(c) All ALS transports require an EMT as an attendant in addition to the attendant-in charge and
(d) The operator may serve as the attendant, provided he is a certified EMT.
Each of the Rescue Squads serving the County may at times have difficulty maintaining such a high
standard for staffing, due to the limited availability of the volunteer members. We are sometimes in a
position of responding to calls with one Advanced Life Support technician to provide patient care, and a
driver who is only certified in CPR. We may also have to rely on members of the fire department to serve
as a driver, who mayor may not have any additional EMS training.
Albemarle County Fire Rescue Division provides ALS first response from three of the County fire stations.
At times we may depend on the personnel from the Division to serve as a driver or to serve as the AIC,
with only a driver on board the unit. We have included them in this request to ensure that all of the
agencies serving the citizens of the County meet the same criteria, as closely as they can.
On behalf of the County Board of Supervisor's, I would like to express our support of this request.
Sincerely,
Robert W. Tucker, Jr.
County Executive
RWT,Jrl
00.047
CC: Carl Pumphrey, Division Chief
Dayton Haugh, CARS Captain
Costas Albertis, WARS Captain
Mike Johnston, ScoUsville Captain
Pat Cornell, Captain/EMS Liaison
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Request Support for a Variance to the State Emergency
Medical Services (EMS) Reporting Requirement
AGENDA DATE:
August 16, 2000
ACTION:
ITEM NUMBER:
INFORMATION:
SU BJECT/PROPOSALlREQU EST:
To allow the County licensed Fire and EMS agencies to
request an exemption to the State's EMS reporting system.
CONSENT AGENDA:
ACTION: X
INFORMATION:
ATTACHMENTS: Yes
STAFF CONTACTlS):
Messrs. Tucker, Foley, Davis, Pumphrey
REVIEWED BY: 08
BACKGROUND:
The Virginia Office of EMS (OEMS) requires that all EMS agencies file a report for any EMS response unless a variance is
issued. Licensed agencies requesting a variance must have support from the governing body within the jurisdiction they serve
to receive the variance. A variance is being requested until a countywide reporting system can be implemented. The State
OEMS allows for EMS agencies to report data by one of three ways, bubble sheets, the free State software or agency third
party software that captures all state data elements. Both the bubble sheets and the State software have been found to be
inadequate in capturing some of the required local data needed. A variance would allow time for the County's software vendor
to address both the state and local data collection needs.
DISCUSSION:
This action will allow each licensed Fire/EMS agency in the County to request a variance to the EMS reporting requirement
until a centralized County Fire/EMS reporting software can be customized and implemented.
RECOMMENDATION:
The volunteers recommend this Request for Variance be approved by the Board.
BOARD OF SUPERVISORS
00.175
August _, 2000
Mr. Gary Brown, Director
Va. Office of Emergency Medical Services
1538 East Parham Road
Richmond, VA 23228
RE: Support for Variance to the State EMS Reporting Requirement
Dear Mr. Brown:
On August _' 2000 the Albemarle County Board of Supervisors voted, by resolution, to support
its licensed volunteer EMS agencies in their effort to apply for an exemption from the new Virginia
EMS reporting requirements.
I have enclosed a copy of the Boards action for your review.
Your prompt attention in this matter will be greatly appreciated.
Sincerely,
Robert W. Tucker, Jr.
County Executive
RWT,Jr/
00.046
CC: Dave Cullen
OEMS Reguation & Compliance Manager
Carl Pumphrey, Chief
ACFR
Kostas Alibertis, Captain
Western Albemarle Rescue Squad
Doug Smythers, Chief
Seminole Trail VFD
Alan Norford, Chief
Stony Point VFC
Fred Huckstep, Chief
Earlysville VFD
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Appropriation - Bulletproof Vest Grant
AGENDA DATE:
August 16,2000
ITEM NUMBER:
ACTION:
INFORMATION:
SUBJECT/PROPOSAUREQUEST:
Request approval of Appropriation 99085 in the amount of
$8,135.00.
CONSENT AGENDA:
ACTION: X
INFORMATION:
STAFF CONTACT(S):
Messrs. :Tucker ,Breeden, Walters,Miller, Robb
Mss. :White, Cavaliere
ATTACHMENTS: Yes
REVIEWED B~
BACKGROUND:
The Federal Bureau of Justice Assistance has recently started a program to subsidize the purchase of bulletproof vests. Both
the County Police and Sheriff's Departments have applied for and received approval to purchase bulletproof vests with
reimbursement at 50%.
DISCUSSION:
The Bureau of Justice Assistance grant is $4,068.00. The Police Department's local match of $2,906.00 and Sheriff
Department's local match of $1,161.00 will be funded from current operations.
RECOMMENDATION:
Staff recommends approval of Appropriation #99085 in the amount of $8,135.00.
00.166
BOARD OF SUPERVISORS
APPROPRIATION REQUEST
FISCAL YEAR:
99/00
NUMBER
99085
TYPE OF APPROPRIATION:
ADDITIONAL
TRANSFER
NEW
x
ADVERTISEMENT REQUIRED?
YES
NO
x
FUND:
GRANT
PURPOSE OF APPROPRIATION:
GRANT TO FUND PURCHASE OF BULLET PROOF VEST.
CODE
EXPENDITURE
DESCRIPTION
AMOUNT
*** ******* ******** ********** ******************************************* ************************** ********************
1
1
1241
1241
31020
31013
60100 POLICE SUPPLIES-SHERIFF
60100 POLICE SUPPLIES-POLICE
$2,322.00
$5,813.00
TOTAL
$8,135.00
CODE
REVENUE
DESCRIPTION
AMOUNT
*** ******* ******** ********** ******************************************* ************************** ********************
2 1241
2 1241
:?3000 330001 FEDERAL GRANT
51000 510109 TRANSFER FROM OTHER FUNDS
$4,067.95
$4,067.05
TOTAL
$8,135.00
TRANSFERS
*** ******* ******** ********** ******************************************* **********************************************
*** ******* ******** ********** ******************************************* ************************** ********************
REQUESTING COST CENTER:
POLICE
APPROVALS:
SIGNATURE
DATE
DIRECTOR OF FINANCE
AUGUST 2, 2000
B (7. bfi)
BOARD OF SUPERVISOR
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Appropriation - QUIP Coordinator
Position
AGENDA DATE:
August 16, 2000
ACTION:
ITEM NUMBER:
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Request approval of Appropriation #20002 which
adjusts the original budget to fund the QUIP
Coordinator in the General Fund instead of Human
Resources in the School Fund
CONSENT AGENDA:
ACTION: X
INFORMATION:
STAFF CONTACT(S}:
Messrs. Tucker, Breeden; Ms. White
ATTACHMENTS: Yes
REVIEWED B~
BACKGROUND:
The original FY 00/01 budget anticipated that the Quip Coordinator would work within the Human Resources
Department as a school employee, since all Human Resources expenses are paid out of the School Fund. To
fund general government's share of HR expenses, the annual budgeted amount is transferred from the General
Fund to the School Fund. However, a decision has been made that the Quip Coordinator position should be
funded within the General Fund, not the School Fund, since it is not a shared position with the School Division.
Tracking the expenses of this position, as well as other Quip program costs, will be easier if it is budgeted only
within the General Fund operational budget.
DISCUSSION:
The attached appropriation request reduces the transfer of funds from the General Fund to the School Fund and
allocates the funds in the General Fund Human Resources cost center. Additionally, unexpended QUIP training
funds in the School Fund from FY 99/00 in the amount of $13,000, are re-appropriated to be expended in the
General Fund in FY 00/01. No additional funds are required.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve the appropriations as detailed on Appropriation #20002.
BOARD OF SUPERVISORS
00.164
APPROPRIATION REQUEST
FISCAL YEAR:
00101
NUMBER
20002
TYPE OF APPROPRIATION:
ADDITIONAL
TRANSFER
NEW
x
ADVERTISEMENT REQUIRED?
YES
NO
x
FUND:
GENERAUSCHOOL
PURPOSE OF APPROPRIATION:
ADJUSTMENT TO ORIGINAL BUDGET TO FUND QUIP COORDINATOR IN GENERAL FUND INSTEAD
SCHOOL HUMAN RESOUCES.
EXPENDITURE
CODE DESCRIPTION AMOUNT
*** ******* ******** ********** ******************************************* ************************** ********************
1 1000 12030 110000 SALARIES-REGULAR $46,239.00
1 1000 12030 210000 FICA 3,537.00
1 1000 12030 221000 VIRGINIA RETIREMENT SYS. 4,263.00
1 1000 12030 231000 HEALTH INSURANCE 2,735.00
1 100Q 12030 232000 DENTAL INSURANCE 97.00
1 1000' 12030 241000 VRS GROUP LIFE INSURANCE 370.00
1 1000 12030 270000 WORKER'S COMPENSATION 69.00
1 1000 12030 312390 QUIP-TRAINING 14,000.00
1 1000 12030 312390 QUIP-TRAINING 13,000.00
1 1000 12030 332104 MAINT. CONT. - DP EQUIP. 200.00
1 1000 12030 520100 POSTAL SERVICES 375.00
1 1000 12030 520300 TELECOMMUNICATIONS 635.00
1 1000 12030 520302 TELEPHONE-LONG DISTANCE 155.00
1 1000 12030 550100 TRAVEL-MILEAGE 85.00
1 1000 1"2030 550400 TRA VEL-EDUCATION 360.00
1 1000 12030 550600 TRAVEL-SUBSISTENCE 55.00
1 1000 12030 580000 MISCELLANEOUS EXPENSES 1,390.00
1 1000 12030 580100 DUES & MEMBERSHIPS 160.00
1 1000 12030 600100 OFFICE SUPPLIES 255.00
1 1000 12030 601300 EDUC. & REC. SUPPLIES 1,240.00
1 1000 12030 601700 COpy EXPENSE 1,020.00
1 1000 12030 930002 TRANSFER TO SCH. FUND (63,240.00)
1 1000 12030 930015 TRANSFER TO SCH. FUND (14,000.00)
1 2420 62140 111400 SALARIES-REGULAR (46,239.00)
1 2420 62140 210000 FICA (3,537.00)
1 2420 62140 221000 VIRGINIA RETIREMENT SYS. (4,263.00)
1 2420 62140 231000 HEAL TH INSURANCE (2,735.00)
1 2420 62140 232000 DENTAL INSURANCE (97.00)
1 2420 62140 241000 VRS GROUP LIFE INSURANCE (370.00)
1 2420 62140 270000 WORKER'S COMPENSATION (69.00)
1 2420 62140331100 MAINT. CONT. - DP EQUIP. (200.00)
1 2420 62140 520100 POSTAL SERVICES
1 2420 62140 520300 TELECOMMUNICATIONS
1 2420 62140520302 TELEPHONE-LONG DISTANCE
1 2420 62140 550100 TRAVEL-MILEAGE
1 2420 62140550400 TRAVEL-EDUCATION
1 2420 62140550600 TRAVEL-SUBSISTENCE
1 2420 62140580000 MISCELLANEOUS EXPENSES
1 2420 62140580100 DUES & MEMBERSHIPS
1 2420 62140600100 OFFICE SUPPLIES
1 2420 62140601300 EDUC. & REC. SUPPLIES
1 2420 62140601700 COPY EXPENSE
1 2114 61311 312390 QUIP TRAINING
(375.00)
(635.00)
(155.00)
(85.00)
(360.00)
(55.00)
(1,390.00)
(160.00)
(255.00)
(1,240.00)
(1,020.00)
(14,000.00)
TOTAL
($64,240.00)
CODE
REVENUE
DESCRIPTION
AMOUNT
*** ******* ******** ********** ******************************************* ************************** ********************
2 2000 19000 190250 PERSONNEL SERVICES
2 2000 19000 190213 MEDIA CENTER
2 1000 51000 510100 GIF BALANCE
($63,240.00)
($14,000.00)
13,000.00
TOTAL
($64,240.00)
TRANSFERS
*** ******* ******** ********** ******************************************* ****************~********* ********************
*** ******* ******** ********** ******************************************* ************************** ********************
REQUESTING COST CENTER:
COUNTY EXECUTIVE
APPROVALS:
SIGNATURE
DATE
DIRECTOR OF FINANCE
z~L:-
Q
JULY 6, 2000
g.-/7-~
BOARD OF SUPERVISOR
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Appropriation - Public Safety Communications
Grant 01-A3611 CP01
AGENDA DATE:
ITEM NUMBER:
ACTION:
INFORMATION:
SUBJECT/PROPOSAl/REQUEST:
Request approval of Appropriation 20005 in the amount of
$3,500.00.
CONSENT AGENDA:
ACTION: X
INFORMATION:
STAFF CONTACTlS):
Messrs. Tucker, Breeden, Walters, Miller
Mss. White, Cavaliere
ATTACHMENTS: Yes
REVIEWED B~
BACKGROUND:
This grant was approved by the Virginia Department of Criminal Justice Services to equip the Crime Prevention Coordinator
with an auto-dialer. It will be used with call lists such as Neighborhood Watch Coordinators, Senior Advisory Council, Police
Foundation members, Citizens' Police Academy attendees, Police Explorer Unit members, etc. for announcements,
coordination of events and activities, alerts and safety notices, and other communications.
DISCUSSION:
The Department of Criminal Justice Services will fund $2,625.00. The $875.00 local match will be funded from current
operations.
RECOMMENDATION:
Staff recommends approval of appropriation 20005 in the amount of $3,500.00.
BOARD OF SUPERVISORS
00.167
APPROPRIATION REQUEST
FISCAL YEAR:
00101
NUMBER
20005
TYPE OF APPROPRIATION:
ADDITIONAL
TRANSFER
NEW
x
ADVERTISEMENT REQUIRED?
YES
NO
x
FUND:
GRANT
PURPOSE OF APPROPRIATION:
PUBLIC SAFETY COMMUNICATIONS GRANT.
CODE
EXPENDITURE
DESCRIPTION
AMOUNT
*** ******* ******** ********** ******************************************* ************************** ********************
1 1529 31013 800300 COMMUNICATIONS EQUIPMENT
$3,500.00
TOTAL
$3,500.00
CODE
REVENUE
DESCRIPTION
AMOUNT
*** ******* ******** ********** ******************************************* **********************************************
2 1529 24000 240000 STATE CATEGORICAL AID
2 1529 51000 512004 GENERAL FUND TRANSFER
$2,625.00
875.00
TOTAL
$3,500.00
TRANSFERS
*** ******* ******** ********** ******************************************* ************************** ********************
*** ******* ******** ********** ******************************************* ************************** ********************
REQUESTING COST CENTER:
POLICE
APPROVALS:
SIGNATURE
DATE
DIRECTOR OF FINANCE
AUGUST 2, 2000
[i'- /7---c::;8
BOARD OF SUPERVISOR
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Appropriation - Crime Prevention Coordinator
Grant 01-09783
AGENDA DATE:
August16,2000
ITEM NUMBER:
ACTION:
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Request approval of Appropriation 20006 in the amount of
$36,516.00.
CONSENT AGENDA:
ACTION: X
INFORMATION:
STAFF CONTACT(S):
Messrs.: Tucker, Breeden, Walters, Miller
Ms. White, Cavaliere
ATTACHMENTS: Yes
REVIEWED B~
BACKGROUND:
The Police Department has received a renewed grant from the Virginia Department of Criminal Justice Services to fund a full
time Crime Prevention Coordinator. This is the third and final renewal of the grant. A civilian employee will fill this position.
The employee will coordinate and manage crime prevention initiatives within the department, as well as coordinate activities
with the community and neighborhood team.
DISCUSSION:
A $27,387.00 Department of Criminal Justice Service's grant and $9,129.00 local match will fund the Crime Prevention
Coordinator position. The local match is funded from current operations.
RECOMMENDATION:
Staff recommends approval of appropriation 20006 in the amount of $36,516.00.
BOARD OF SUPERVISORS
00.171
APPROPRIATION REQUEST
FISCAL YEAR:
00/01
NUMBER
20006
TYPE OF APPROPRIATION:
ADDITIONAL
TRANSFER
NEW
x
ADVERTISEMENT REQUIRED?
YES
NO
x
FUND:
GRANT
PURPOSE OF APPROPRIATION:
RENEWAL OF CRIME PREVENTION GRANT
CODE
EXPENDITURE
DESCRIPTION
AMOUNT
*** ******* ******** ********** ******************************************* ************************** ********************
1 1525 31011 110000 SALARIES $28,049.00
1 1525 31011 210000 FICA 2,146.00
1 1525 31011 221000 VRS-RETIREMENT 2,339.00
1 1525 31011 231000 HEALTH INSURANCE 2,760.00
1 1525 31011 232000 DENTAL INSURANCE 1 00.00
1 1525' 31011 241000 VRS-lIFE INSURANCE 225.00
1 1525 31011 600100 SUPPLIES 897.00
TOTAL
$36,516.00
CODE
REVENUE
DESCRIPTION
AMOUNT
*** ******* ******** ********** ******************************************* ************************** ********************
2 1525 33000 330001 FEDERAL GRANT REVENUE
2 1525 51000 512004 GENERAL FUND TRANSFER
$27,387.00
9,129.00
TOTAL
$36,516.00
TRANSFERS
*** ******* ******** ********** ******************************************* ************************** ********************
*** ******* ******** ********** ******************************************* ************************** ********************
REQUESTING COST CENTER:
POLICE
APPROVALS:
SIGNATURE
DATE
DIRECTOR OF FINANCE
AUGUST 2, 2000
9-/7- c:;c:)
BOARD OF SUPERVISOR
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Appropriation - School Resource Officer
Grant 01-B3377ADOO
AGENDA DATE:
August 16,2000
ITEM NUMBER:
ACTION:
INFORMATION:
SUBJECT/PROPOSALlREQUEST:
Request approval of Appropriation 20007 in the amount of
$45,785.00.
CONSENT AGENDA:
ACTION: X
INFORMATION:
STAFF CONTACT(S):
Messrs. Tucker,Morgan,Breeden,Walters,Miller
Mss. White, Cavaliere
ATTACHMENTS: Yes
REVIEWED B~
BACKGROUND:
An increase in the presence of additional School Resource Officers (SRO's) at the middle school level has been identified by
staff and community members as an area of ongoing need. Funding for one officer has been procured by a Virginia Department
of Criminal Justice Services grant. The grant will be administered by the Police Department and will cover 75% of salary and
benefits. This is the second year of a three year renewable grant.
DISCUSSION:
The position will be funded by a $34,339.00 grant and local match of $11 ,446.00. The local match will be funded by the School
Budget. Additional equipment, training, and other operational costs will be funded by the Police Department budget. An
additional appropriation is not required for other operational costs.
RECOMMENDATION:
Staff recommends approval of appropriation 20007 in the amount of $45,785.00.
BOARD OF SUPERVISORS
00.170
APPROPRIATION REQUEST
FISCAL YEAR:
00/01
NUMBER
20007
TYPE OF APPROPRIATION:
ADDITIONAL
TRANSFER
NEW
x
ADVERTISEMENT REQUIRED?
YES
NO
x
FUND:
GRANT
PURPOSE OF APPROPRIATION:
SCHOOL RESORCE OFFICER GRANT
CODE
EXPENDITURE
DESCRIPTION
AMOUNT
*** ******* ******** ********** ******************************************* ************************** ********************
1 1000 31013 110000 SALARIES $36,754.00
1 1000 31013 210000 FICA 2,812.00
1 1000 31013 221000 VRS-RETIREMENT 3,065.00
1 1000 31013 231000 HEALTH INSURANCE 2,760.00
1 1000 3101.3 232000 DENTAL INSURANCE 100.00
1 1000' 31013 241000 VRS-L1FE INSURANCE 294.00
TOTAL
$45,785.00
CODE
REVENUE
DESCRIPTION
AMOUNT
*** ******* ******** ********** ******************************************* ************************** ********************
2 1000 33000 330406 SRO GRANT
2 1000 51000 510307 SCHOOL FUND TRANSFER
$34,339.00
11,446.00
TOTAL
$45,785.00
TRANSFERS
*** ******* ******** ********** ******************************************* ************************** ********************
*** ******* ******** ********** ******************************************* *****w******************** ********************
REQUESTING COST CENTER:
POLICE
APPROVALS:
BOARD OF SUPERVISOR
DATE
DIRECTOR OF FINANCE
AUGUST 2, 2000
<;/]- /?- CR::>
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Appropriation - Victim Witness Assistance Program Grant
AGENDA DATE:
August 16, 2000
ITEM NUMBER:
ACTION:
INFORMATION:
SUBJECT/PROPOSALlREQUEST:
Request approval of Appropriation 20008 in the amount of
$76,606.00.
CONSENT AGENDA:
ACTION: X
INFORMATION:
STAFF CONTACTlS):
Messrs. Tucker, Breeden, Walters, Miller
Mss. White, Cavaliere
ATTACHMENTS: Yes
REVIEWED B~
BACKGROUND:
This is the third renewal of the Victim Witness Grant, an on-going program. This grant funds personnel and supplies to provide
quality service to victims particularly in the area of property crime. It also assists with implementation of the Crime Victim
Rights Act.
DISCUSSION:
The state grant totals $76,606.00. There is no local match.
RECOMMENDATION:
Staff recommends approval of appropriation 20008 in the amount of $76,606.00.
BOARD OF SUPERVISORS
00.169
APPROPRIATION REQUEST
FISCAL YEAR:
00/01
TYPE OF APPROPRIATION:
ADVERTISEMENT REQUIRED?
FUND:
PURPOSE OF APPROPRIATION:
VICTIM WITNESS GRANT
CODE
EXPENDITURE
DESCRIPTION
NUMBER
20008
ADDITIONAL
TRANSFER
NEW
X
YES
NO
X
GRANT
*** ******* ******** ********** ******************************************* ************************** ********************
AMOUNT
1 1225 31012 110000 SALARIES
1 1225 31012 210000 FICA
1 1225 31012 221000 VRS-RETIREMENT
1 1225 31012 231000 HEALTH INSURANCE
1 1225 31012 232000 DENTAL INSURANCE
1 1225' 31012 241000 VRS-L1FE INSURANCE
1 1225 31012 550000 TRAVEL
1 1225 31012 600100 OFFICE SUPPLIES
CODE
REVENUE
DESCRIPTION
$53,928.00
4,125.00
4,498.00
2,760.00
100.00
431.00
3,719.00
7,045.00
TOTAL
$76,606.00
AMOUNT
*** ******* ******** ********** ******************************************* ************************** ********************
2 1225 24000 240500 STATE GRANT
TRANSFERS
$76,606.00
TOTAL
$76,606.00
*** ******* ******** ********** ******************************************* ************************** ********************
REQUESTING COST CENTER:
*** ******* ******** ********** ******************************************* ************************** ********************
POLICE
APPROVALS:
SIGNATURE
/L~~L
~~~
DIRECTOR OF FINANCE
BOARD OF SUPERVISOR
DATE
AUGUST 2, 2000
g-' - / ? - t!:l?:)
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Appropriation - Comprehensive Community Corrections Act
Grant 01-E6348
AGENDA DATE:
August 16,2000
ITEM NUMBER:
ACTION:
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Request approval of Appropriation 20009 in the amount of
$564,442.00.
CONSENT AGENDA:
ACTION: X
INFORMATION:
ATTACHMENTS: Yes
STAFF CONTACnS):
Messrs. Tucker, Breeden, Walters, Mss. White, Cavaliere
REVIEWED BY:
BACKGROUND:
The County of Albemarle serves as fiscal agent for the Jefferson Area Community Criminal Justice Board (CCJB). In that
capacity, the County receives and appropriates funds awarded to the CCJB by the Department of Criminal Justice Services
(DCJS). The County contracts with community agencies to provide the services stipulated in the grant.
DISCUSSION:
For FY 2000/01, DCJS awarded $564,442.00 to the CCJB to be allocated as follows:
Offender Aid and Restoration for pretrial and community corrections services at the
Albemarle-Charlottesville Regional Jail and community corrections services
at the Central Virginia Regional Jail
Region Ten Community Services Board for substance abuse treatment
$443,490.00
33,066.00
85,886.00
2,000.00
Central Virginia Regional Jail for pretrial services
Community Criminal Justice Board for office expenses
RECOMMENDATION:
Staff recommends approval of appropriation 20009 in the amount of $564,442.00.
BOARD OF SUPERVISORS
00.168
APPROPRIATION REQUEST
FISCAL YEAR:
00/01
NUMBER
20009
TYPE OF APPROPRIATION:
ADDITIONAL
TRANSFER
NEW
x
ADVERTISEMENT REQUIRED?
YES
NO
x
FUND:
GRANT
PURPOSE OF APPROPRIATION:
COMPREHENSIVE COMMUNITY CORRECTIONS ACT GRANT
CODE
EXPENDITURE
DESCRIPTION
AMOUNT
*** ******* ******** ***************************************************** ************************** ********************
1 1520 29406 566120 OAR
1 1520 29406 566140 CENTRAL VA. JAIL
1 1520 29406 566150 REGION TEN
1 1520 29406 562500 T J PLANNING DISTRICT
$443,490.00
33,066.00
85,886.00
2,000.00
TOTAL
$564,442.00
CODE
REVENUE
DESCRIPTION
AMOUNT
*** ******* ******** ********** ******************************************* ************************** ********************
2 1520 24000 240440 STATE GRANT
$564,442.00
TOTAL
$564,442.00
TRANSFERS
*** ******* ******** ********** ******************************************* ************************** ********************
*** ******* ******** ********** ******************************************* ************************** ********************
REQUESTING COST CENTER:
COUNTY EXECUTIVE
APPROVALS:
DIRECTOR OF FINANCE
SIGNATURE
~~~~~,t2_
~~~
DATE
BOARD OF SUPERVISOR
AUGUST 2, 2000
r; - (' 7 - c:;-z)
Dominion Resources Sen-ices, Inc.
Legal Services
P.O. Box 26666. Richmond, VA 23261-6666
t
August 2, 2000
STATE CORPORATION COMMISSION OF VIRGINIA
CASE NOS. PUE000343 AND PUF000021
APPLICATION OF VIRGINIA ELECTRIC AND POWER COMPANY,
FOR APPROVAL OF GENERATION FACILITIES AT POSSUM POINT
POWER STATION IN PRINCE WILLIAM COUNTY, VIRGINIA, AND AN
APPLICA TIONN BY VIRGINIA ELECTRIC AND POWER COMPANY, FOR
AUTHORITY UNDER CHAPTERS 3, 4, AND 5 OF TITLE 56 OF THE CODE OF
VIRGINIA TO PARTICIPATE IN LEASE FINANCING ARRANGEMENTS
To: LOCAL GOVERNMENT OFFICIALS.
Pursuant to the Order lnviting Comments and Responses and Prescribing Notice
(the Order) issued by the State Corporation Commission of Virginia on July 26, 2000,
Virginia Electric and Power Company ("Virginia Power") is hereby serving a copy of the
Order on the Chairman of the Boards of Supervisors of any county or equivalent officials
in counties, towns, and cities having alternate forms of government within Virginia
Power's service territory. Please take notice of the contents of the Order.
Thank you.
JbdIC,;r(~
U Jill C. Hayek
Counsel
Dominion Resources Services, Inc.
Attorney for
Virginia Electric and Power Company
Enclosure
BOARD OF SUPERVISORS
.
.
TYLER BUILDING. 13110 EAST UAIN S'mEET. RICHMOND, VA ~N8!D 'tELS:Ot.tMUNlCATJONS DIMCI! FOR THE DEAF-TDDlVOICI: (804) 371-92l'l6
APPLICJ!iI0J8lO}l, P 2: 18
VIRGINIA ELECTRIC AND POWER COMPANY
CASE NO. PUE000343
For Approval of Generation Facilities
pursuant to Virginia Code S 56-580 D
or, in the Alternative, for approval of
expenditures pursuant to virginia Code
S 56-234.3 and for a Certificate of
Public Convenience and Necessity
pursuant to Virginia Code S 56-265.2
and
APPLICATION OF
VIRGINIA ELECTRIC AND POWER COMPANY
CASE NO. PUF000021
For authority under Chapters 3, 4, and
5 of Title 56 of the Code of Virginia
to participate in lease financing
arrangements for construction of
generation facilities, and for a
declaration of non~jurisdiction
ORDER INVITING COMMENTS AND RESPONSES AND PRESCRIBING NOTICE
On June ~6, 2000, Virginia Electric and Power Company
(lIVirginia Power" or lithe companyfl) filed an application with
the state corporation Commission (lICommission") in which, among
other things, it proposes to construct a new generating plant
(I'new unitll) at the Possum Point Power Station, scheduled to be
operational in May 2003 (hereafter collectively referred to as
lithe Project"). The new unit has an estimated cost of $280-$300
million. The Company proposes ~o employ synthetic lease
financing for its lease and sublease of a portion of the real
JUL. -26' 00 (WED) 14:43 OPC GENERAL COUNSEL
TEL:8043719549
P. 002
estate at the Possum point plant upon which the new generating"
facility will be built.
The Company requested that the Commission approve the
project under S 56-580 D of the Code of Virginia. In addition,
Virginia Power asked that the Commission: (i) declare that
S 56-234.3 of the Code of Virginia does not require the Company
to obtain prior regulatory approval before entering into the
agreements necessary for the proposed synthetic lease financing,
or (1i) in the alternative, grant an exemption from ~ 56-234.3
of the Code of Virginia or approve the COmpany's financial
expenditures for the proposed lease and sublease transactions.
The Application also seeks issuance of a certificate of public
convenience and necessity under S 56-265.2 of the Code, should
we determine that that section applies.
Virginia Power also filed a "Motion for Determination of
Applicability of, or in the Alternative, for Exemption or waiver
from, Bidding Rules" ("Motion") with the captioned application.
In its Motion, the Company requested that the Commission find
that the Rules Governing the Use of Bidding Programs to Purchase
Electricity from Other Power Suppliers ("Bidding Rules"), 20 VAC
5-301-10 et sea., adopted in Case No. PUE900029, are
inapplicable to the Project. In the alternative, the Company
requested that if the Commission determines that the Bidding
2
JUL. -26' 00 (WED) 14:43 OFe GENERAL COUNSEL
TEL:8043719549
P. 003
~
Rules apply, the Commission grant it an exemption or waiver from
these Rules.
On July 5, 2000, Virginia Power filed an applioation
seeking authority from the Commission to participate in lease
financing arrangements of approximately $300 million for the
construction of the generation facilities at the Possum Point
Power Station and for a declaration that the Commission will not
assert jurisdiction over other parties participating in the
transaction who will serve only as vehicles for financing the
Project. This application also requests a declaration that
S 56-234.3 of the Code of Virginia does not require prior
Commission approval for the Company to enter into certain
agreements in connection with the proposed financing or, in the
alternative, approval under or exemption from that statute.
The July 5 application seeks approval under: (i) the
Virginia Utility Securities Act, Chapter 3 of Title 56, because
the financing arrangements may be considered to create an
evidence of indebtedness; (ii) Chapter 4 of Title 56, because
the transaction will involve jurisdictional contracts or
arrangements between Virginia Power and a subsidiary of Dominion
Energy, Inc., an affiliate; and (iii) Chapter 5 of Title 56 of
the Code of Virginia because Virginia Power proposes to transfer
real property at Possum POint, by means of a ground lease, on
which the new facility will be constructed and will be
3
JUL. -26' 00 (WED) 14:44 ope GENERAL COUNSEL
, TEL:8043719549
P. 004
reacquiring the constructed facility and related real property
as a sublessee.
NOW UPON consideration of the foregoing, the Commission is
of the opinion and finds that the preliminary issues presented
by Virginia Power's Motion and its June ~6 and July 5
applications must be addressed in order to evaluate these
applications properly and expeditiously. The threshold issue is
whether the Bidding Rules apply to Virginia Power's Project.
Additionally, the June 16 application raises the issue of which
provisions of the Code of Virginia should guide consideration of
the request to construct the unit. Lastly, should it be
determined that Code ~ 56~234.3 applies, the Company seeks in
both applications waiver or exemption from that statute.
In sum, the issues presented by the June 16 and July 5
application include:
(l) Whether the Bidding Rules are
applicable to the project, or in the
alternative, if they do apply, whether the
Commission should grant Virginia Power an
exemption to these Rules.
(2) Whether the Commission should
approve this Project exclusively under S 56-
580 D of the Code of Virginia, or under S~
56-234.3, and/or 56-265.2 as well.
(3) If S 56-234.3 of the Code of
Virginia applies to this project, whether
the Company should be granted an exemption
from that provision, or approval under it to
make ~at risk" financial expenditures in
association with the Project.
4
,"
JUL. -26' 00 (WED) 14:44 OPC GENERAL COUNSEL
TEL:8043719549
P. 005
:
Our consideration of the June 16 Application necessarily
turns on resolution of those preliminary issues. Consideration
of the merits of the Projeot makes little sense, for example, if
it is determined that the Bidding Rules apply and there is a
successful bidder to supply the oapacity represented by the
Project. Conourrent with resolution of the Bidding Rules'
applicability, we will determine which statutory provisions
apply to consideration of the Project, should it be found that
Virginia Power may proceed with the Application.
We find that the June 16 and July 5 applications should be
docketed; that a Hearing Examiner should be appointed pursuant
to Rule 7:~ of the Commission's Rules of Practice and Procedure
(lIRules") 5 VAC 5-~O-S20, to receive comment, legal memoranda
and, if necessary, oonvene a hearing on the issues posed above;
that interested persons should be given an opportunity to
comment on the issues set out above as well as other issues of
concern to them relating to these applications and to request
hearing on the preliminary issues; and that the Company should
give notice to the public of its applications and Motion.
Accordingly, IT IS ORDERED THAT:
(1) The June 16, 2000, application shall be docketed and
assigned Case No. PUE000343.
5
JUL, -26' 00 (WED) 14:44 ope GENERAL COUNSEL
TEL:8043719549
P. 006
(2) The July 5, 2000, application shall be docketed and-'
ass1gned Case No. PUF00002~.
(3) As part of Phase I of this proceeding and as provided
by S 22.1-31 of the Code of Virginia and Rule 7:1 of the
Commission's Rules,S VAC 5-10-520, a Hearing Examiner shall be
appo1nted to consider the comments or memoranda filed herein,
convene a hearing, if necessary, and within fourteen days
thereafter, make a recommendation to the Commission concerning
the preliminary issues outlined above. participants in the case
may file comments in response to the Hearing Examiner's Report
within seven (7) business days of the Report's issuance by the
Hearing Examiner.
(4) Copies of the June ~6, and July 5, 2000, applications,
Motion, and accompanying documents shall be made available for
public inspection in the Commission's Document Control Center
located on the first floor of the Tyler Building, 1300 East Main
Street, Richmond, Virginia, between the hours of 8:25 a.m. and
5:00 p.m., Monday through Friday. Copies of these documents may
also be ordered from Virginia Power's counsel, Edwara L.
Flippen, Esquire, James C. Dimitri, Esquire, Stephen H.
Watts, II, Esquire, and Kodwo Ghartey-Tagoe, Esquire, McGuire,
Woods, Battle & Boothe LLP, 90~ E. Cary Street, One James
Center, Richmond, Virginia 232~9.
6
JUL. -26' 00 (WED) 14:44 OPC GENERAL COUNSEL
TEL:8043719549
P. 007
(5) On or before August 21, 2000, any interested party may
file with the Clerk of the Commission an original and fifteen
(15) copies of comments or legal memoranda, responsive to the
issues set out on page 4, su~ra, and may request hearing on
those issues. Comments may be filed on other issues of interest
to the filing party. Any person or entity filing shall serve a
copy of their comments, memoranda, and requests for hearing on
counsel for the Company, other parties of record, and the Staff,
on or before August 21, 2000. Any request for hearing shall
state with specificity why consideration of the issues cannot
adequately be accommodated by consideration of the filed
comments rather than by hearing.
(6) On or before August 21, 2000, the Staff of the State
Corporation Commission may file with the Clerk of the Commission
an original and fifteen (15) copies of comments responsive to
the issues set forth on page 4, sunra, and the June 16 and July
5 applications, and shall serve a oopy of the same on counsel to
the Company and other parties of record.
(7) Virginia Power shall respond to written interro-
gatories or requests for the production of documents and things
within seven (7) calendar days after the receipt of the same.
Except as so modified, discovery shall be in accordance with
Part VI of the Rules,S VAC 5-10-470.
,
. JUL. ~ 26' 00 (WED) 14: 44 OFe GENERAL COUNSEL
TEL:8043719549
P. 008
(8) On or before August 5, 2000, virginia Power shall
cause the following notice to be published on one occasion as
classified advertising within newspapers of general circulation
throughout the Company's service area:
NOTICE TO THE PUBLIC OF AN APPLICATION BY
VIRGINIA ELECTRIC AND POWER COMPANY, FOR
APPROVAL or GENERATION P'ACILITIES AT POSSUM
POINT POWER STATION IN PR.INCE WILLIAM
COUNTY, VIRGINIA, AND AN APPLICATION BY
VIRGINIA ELECTRIC AND POWER COMPANY, FOR
AUTHOR-ITY 'ONDER CHAPTERS 3, 4, AND 5 OF
TITLE 56 OF THE CODE OF VIRGINIA TO
PARTICIPATE IN LEASE FINANCING ARRANGEMENTS
CASE NOS. PUE000243 and PUF000021
On June 16, 2000, virginia Electric and
Power Company ("virginia Powerll or "the
company") filed an application with the
State corporation Commission (IICommission")
which, among other things, proposed to
construct a new 540 megawate combined cycle
facility operating on natural gas or
distillate oil (hereafter collectively
referred to as"project") at its Possum
Point Power Station in Prince William
County, Virginia. The estimated cost of the
new facility is $ 280-$300 million and it is
proposed to be operational by May 2003. In
its application, docketed as Case No.
PUE000343, Virginia Power requested the
Commission: (i) grant a certificate to
construct and operate the project under
S 56-580 D of the Code of Virginia; or (ii)
in the alternative, approve expenditure for
construction of the project under ~ 56-
234.3, or exempt the project from that
statute, and grant a certificate of public
convenience and necessity under S 56-265.2.
The Company also filed a Motion with
its June 16 application that requested the
Commission find that the Rules Governing the
Use of Bidding Programs to Purchase Elec-
8
JUL. -26' 00 (WED) 14:45 ope GENERAL COUNSEL
TEL: 8043719549
P. 009
tricity from Other Power Suppliers ("Bidding
Rules II ), 20 VAC 5-301-10 !!t. sea. I do not
apply to this project. In the alternative,
Virginia Power requested that the Commission
grant it an exemption or waiver from the
Bidding Rules.
On July 5, 2000, Virginia Power filed
an application docketed as Case No.
PUF000021, under Chapters 3, 4, and 5 of
Title S6 of the Code of Virginia, seeking
authority from the Commission to participate
in lease financing arrangements of approx-
imately $300 million for the construction of
the generation facilities at Possum Point,
for a declaration that the Commission will
not assert jurisdiction over the financing
parties to the transaction, and for an
exemption from, or approval under, S 56-
234.3 or determination that it does not
apply.
The Cammission must make certain
pre~iminary determinations in order to
establish the proper processing for these
applications. According1y, the Commission
seeks oomments, legal memoranda, or requests
for hearing from intere~ted parties on the
following issues:
(1) Whether the Bidding Rules are
applicable to the Project. or in the
alte:native, if they do apply, whether the
Commission should grant Virginia Power an
exemption to these Rules.
(2) Whether the Commission should
approve thi8 Project exclusively under S 56-
580 D of the Code of Virginia, or under 55
56-234.3, and/or 56-265.2 as well.
(3) If S 56-234.3 of the Code of
Virginia applies to thie project, whe~er
the Company should be granted an exemption
f:z:oom that provision, or approval under it to
make -at riskn financial expenditures in
association with the Project.
9
JUL. -26' 00 (WEDl 14:45 ope GENERAL COUNSEL
TEL:8043719549
P.OlO
.
Copies of Virginia Power's June 16 and
July 5, 2000, applicaeions ana accompanying
oocuments are available for public
inspection between the hours of a:~5 a.m.
ana 5:00 p.m., Monday through Friday, at the
State corporation Commission's Document .
Control Center, located on the first floor
of the Tyler Building, 1300 East Main
Street, Richmond, Virginia 23218, or can be
orderea from counsel for the company
Edward L. Flippen, Esquire, James C.
Dimitri, Esquire, Stephen H. Watts, II,
Esquire, and Kodwo Ghartey-Tagoe, Esquire.
MeGuire, Woods, Battle & Boothe LLP, 901
East Cary Street, One James Center,
Richmond, Virginia 23219.
Interested parties may file comments,
legal memoranda, or requests for hearing on
the preliminary issues set out above and
comment on other issues of concern relating
to these applications by filing an original
and fifteen (~5) copies of said eomments,
memorandum, or requests for hearing with the
Clerk of the Commission. An original and
fifteen (15) copies of each comment,
memorandum, or request for hearing shall be
filed with Joel H. Peck, Clerk of the
Commission, at the address set forth below,
referring to Case Nos. PUE000343 or Case No.
PUF000021, as appropriate. Any comment,
memorandum, or request for hearing must also
be served on counsel for the Company, other
parties of record, and the Commission Staff
on or before August 21, 2000. Requests for
hearing must state with speoificity why
consideration of the issues cannot be
adequately accommodated by the consideration
of the written pleadings rather than by
hearing.
A copy of the Order Inviting Comments
and Responses and Prescribing Notice may be
obtained from the Clerk of the Commission
via written request, or inspected at the
10
JUL. -26' 00 (WED) 14:45 ope GENERAL COUNSEL
TEL:8043719549
P,011
.'
Commission's website: http://www.state.us./
see/orders.htm,
All written communications to the
Commission ooneerning Virginia Power's
application should be directed to Joel H.
Peck, Clerk of the State Corporation
Commission, c/o Document Control Center,
P.O. Box 2~~a, Richmond, Virginia 23216, and
should refer to Case No. PUE000343 or Case
No. PUF000021, or both, as appropriate.
VIRGINIA ELECTRIC AND POWER COMPANY
(9) On or before August 5, 2000, Virginia Power shall
serve a eopy of this Order on the chairman of the board of
supervisors of any county and upon the mayor or manager of any
county, city or town (or on equivalent officials in counties,
towns and cities having alternative forms of government) within
Virginia Power's service area. Service shall be made by first-
class mail or delivery to the customary place of business or
residence of the person served.
(10) On or before September 6, 2000, Virginia Power shall
file proof of the publication and service required herein.
(ll) This matter shall be continued for further orders of
the Commission.
AN ATTESTED COPY hereof shall be sent by the Clerk of the
Commission to: Pamela Johnson, Esquire, and Jill C. Rayek,
Esquire, Virginia Electric and Power Company, 701 E. Cary
Street, One James River Plaza, RichmOnd, Virginia 23219;
Edward L. Flippen, Esquire, James C. Dimitri, Esquire,
11
JUL. -26' 00 (WED) 14:45 OFC GENERAL COUNSEL
TEL:8043719549
P.012
-r
.;
Stephen H. Watts, II, Esquire, and Kodwo Ghartey-Tagoe, Esquire,
McGuire, Woods, Battle & Boothe, L.L.P., 1 James Center,
901 Ease Cary Street, Richmond, Virginia 23219-4030; Louis R.
Monaoell, Esquire, Edward L. Petrini, Esquire, and Robert M.
Gillespie, Esquire, Christian & Barton, L.L.P., 909 East Main
Sereet, Suite 1200, Rich~ona, Virginia 23219-3095; John F.
Dudley, Senior Assistant Attorney General, Division of Consumer
Counsel, Offioe of Attorney General, 900 East Main Street,
Second Floor, Richmond, Virginia 23219; and the Commissionts
Divisions of Energy Regulation, Public utility Accounting, ana
Economics and Finance.
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12
COUNTY OF ALBEMARLti
~FC0) L2J1r~rl l~
U~l\\l,,-A~~~~:~ ' n
~ ...b Al::':J L~ fJ V U
EXECUTIVE OFFICE.
ALBE1V1ARLE COUNTY PUBLIC SCHOOLS
FROM
Mr. Robert W..Tucker, County Executive
Dr. Frank E. Morgan, Assistant Superintendent ~.
Building Rental Policy Draft'
TO
RE
DATE
August 16, 2000
As you are aware, the School Board is currently reviewing its policy on
Community Use of Facilities. When Dr. Ward mentioned this to the Board of
Supervisors during a recent "Board to Board" presentation, the Supervisors
expressed interest in being informed about the direction the School Board was
taking with this policy. .
On August 14, the School Board received the attached draft for first
reading. The School Board will be taking public comment on this draft on
September 14. I would ask you to forward a copy of the draft to the Supervisors.
Mrs. Gallion will talk with the Supervisors about the draft at the next "Board to
Board" presentation.
Please let me know if you or any of the Supervisors have questions or
concerns.
CC Dr. Charles Ward
Mrs. Susan Gallion
Assistant Superintendent for Support Services
401 McIntire Road
Charlottesville, Virginia 22902
(804) 296-5877
KG Page 1
COMMUNITY USE OF SCHOOL FACILITIES
The Superintendent, subject to the approval of the Board, may provide for or permit the
use of school buildings and grounds out of school hours during the school term or during
vacations for any legal assembly. School facilities also may be used as voting places in any
primary, regular, or special election.
The Board is authorized to permit use of school property under its control when such use
will not impair the efficiency of the school.
Requests for the use of any school facilities shall be made to the Superintendent or
designee.
Adopted: July 1, 1993
Legal Refs.: Code of Virginia, 1950, as amended, Sections 22.1-131, 22.1-132
Albemarle County Public Schools
KG-AP Page 2
COMMUNITY USE OF SCHOOL FACILITIES
The School Board believes in the full and best possible utilization of the physical
facilities belonging to the citizens of the County. To achieve this end, the use of school facilities
for school and student-related activities as well as by outside organizations and groups shall be
encouraged when these activities will not interfere with the educational program in the schools.
Proper prot-ection, sSafety of citizens, students, and employees and care of school
property shall be primary considerations in the use of school facilities. The Superintendent or
designee reserves the right to deny usage or terminate an existing contract. Failure to pay
promptly all rental charges or damages may be considered sufficient grounds for refusal to grant
further use of school property to an applicant.
A. Eligible Organizations
The Board has classified various organizations and groups for the purposes of
establishing priority for use and for the charging of fees.
1. Classifications
Tvpe I Organizations
.Ai. f..1bemarle County School Organizations
B. f..1bemarle County Parks & Recreation
C. fissociated organizations such as PTOs, PT As, and Boost-er Clubs
D. Youth agencies serving Albemarle County students, sueh as Boy
Scouts, Girl Scouts, 1 H Clubs, etc.
E. Other local government agencies serving .<^..1bemarle County
citizens (Sheriffs Department, Fire Department, Rescue Squods,
ete;j
. School and School Division sponsored organizations
. Associated organizations such as:
PTOs/PT As
Booster Clubs
. Non-school organizations such as:
Boy Scouts
Girl Scouts
4-H Clubs
Local Government agencies and departments serving
Albemarle County citizens
Virginia High School League (for District/Regional events)
Neighborhood associations for meetings of less than 30
Albemarle County Public Schools
KG-AP Page 3
Type II Organizations
1'... !..lbemarle County charitable non profit organizations
B. League sponsored youth athletic teams
. YMCA Summer Programs
Tvpe III Organizations
A. Religious Organizations (including youth groups)
B. Other Albemarle County non profit organizations
C. League sponsored adult atWetic teams
. All other organizations
T)~eIVOr~zations
.^... Tax supported educational institutions
B. .^..11 other organizations which do not fall into one of the above
mentioned categories
2. Membership
The membership of any group or organization requesting the use of school
facilities must be largely from the County of Albemarle. This restriction
does not exclude the use of certain facilities, as determined by the
Superintendent, by state and national organizations that have a local
sponsoring division of such organization.
B. Applications and Approval
Applications must be sponsored by reputable and established clubs,
societies, or organizations that reasonably can be held responsible for the payment
of charges, compensation for damages to property, and use of the property in
reasonable conformity with regulations on the application. All organized sporting
teams must complete a Building Rental .^..pplication for use of school fields. All
groups using School Division fields or gymnasiums for activities not
sponsored by the Department of Parks and Recreation must complete a
Building Rental Application. These groups will be subject to established
rental and personnel fees.
Non profit organizations may be required to submit proof of their non
profit status.
In no cases may school property be leased to individuals or in ways
contrary the County's zoning ordinance or any other ordinance, law, or
regulation. Commercial use of school property is also expressly forbidden
unless approved by the School Board.
Albemarle County Public Schools
KG-AP Page 4
The Board authorizes the Superintendent or designee to approve all applications
for the use of school facilities that meet the requirements of the Board, that comply with
implementing regulations the Superintendent deems necessary to protect school property
and that do not conflict with established business or commercial interests of the
community. The Superintendent or designee shall design such application forms as are
required. The completed and signed form shall be a binding agreement upon the
applicant and the School Division. The School Division reserves the right to deny usage
of a facility if the application is received less than three (3) business days prior to the
start of the event. No rental application will be considered more than six months prior to
the desired rental date. Albemarle County Parks and Recreation may submit applications
for the whole season in advance. Field rental may be restricted to four days per week or
less to allow fields to rest and to provide for unorganized informal use.
School organizations and PT A's/PTO's, followed by the Albemarle County Parks
and Recreation Department, have priority usage of all school facilities.
The Superintendent/designee reserves the right to limit use of School Division
facilities during school vacations.
School Division facilities are not intended to be permanent locations for Type
III organizations. Therefore, a Type III organization using School Division facilities
for more than forty (40) days per year for three (3) consecutive years may be
required to show evidence of plans to provide its own facility as a condition of use
beyond the third year.
Albemarle County Public Schools
KG-AP Page 5
The School Division reserves the right to cancel a rental contract up to ten (10)
days prior to a scheduled rental. Use of schools will automatically be canceled when
schools close due to inclement weather or emergency conditions. The Superintendent or
designee reserves the right to cancel field rental/usage because of weather conditions.
C. Fees
The Superintendent shall establish a minimum schedule of fees and may make
additional adjustments in the fees. The minimum schedule and additional adjustments
shall be based upon classification of the group or organization, facilities to be used, size
of the group, objectives of the organization, approximate cost to the school division, and
the purpose for which the facility will be used. In general, the following will apply:
Classification
Fees
I
*Regular meetings: No chai"ge (during normal
operating hours)
Special MeetingslFund Raisers:
Personnel Fees Groups IB, ID and IE
(after normal operating hours)
Field Usage: No charge
* l\ll school sponsored activities will be pro~/ided 'Nith four
(1) hours of custodial services aft-er each eyent. .\fter the.
initial four hours, the group may be assessed personnel
eharges.
I.
· No charge during normal building operating hours if
activities do not require supervision or excessive cleanup,
as determined by the Building Services Department. If
excessive cleanup is required, personnel fees will be
assessed at the established rate. Specific custodial needs
will be determined by the Building Services Department.
· School and School Division sponsored organizations and
associated organizations listed in Type I may receive up to
four (4) hours of custodial service at no charge for a given
event that occurs outside of normal operating hours. Any
custodial service beyond four (4) hours will be charged at
the established rate.
Albemarle County Public Schools
KG-AP Page 6
· Outside of normal operating hours, non-school
organizations will be assessed personnel fees at the
established rate. Specific custodial needs will be
determined by the Building Services Department.
II Regular Meeting: Personnel Fees
Fund Raising: Base Fee and Personnel Fee
Field Usage: No Charge
. Personnel fees and fees for direct operational expenses.
III Regular Meeting: Base Fee and Personnel Fee
Fund Raising: Base Fee and Personnel Fee
Field Usage: No Charge
. Base fee and personnel fees.
IV
Base Fee and Personnel Fee: Three hour minimum
Field Usage: Base Fee Only
.^.. full rental fee shall be charged to all classifications except Classification I when
school facilities are to be used for fund raising and/{)r when an admission charge is
leyied.
Personnel f-ees '.vill be eharged to all eIassifications except Classification I if \vhen
the workload created by the building rental requires school employ-ees to work beyond
normal hours. If the kitchen is to be used, a Food Service employee must be present to
ensure safe and sanitary operation of the food service equipment. All organizations will
be charged if a Food Service employee is required. The minimum personnel charge
for custodial services or Food Services workers for after hours use will be three (3)
hours.
Custodial services shall include unlocking and locking doors, operating ceiling
lights, maintaining heating and air-conditioning systems, setting up chairs, and normal
cleanup. Food service services will depend upon the needs of the organization. Rental of
facilities by large groups or organizations which require the services of more than one
custodian will result in additional personnel fees.
All fees must be paid in advance, and the sponsoring organization whose name
appears on the application shall be held responsible for any and all damages to school
property and equipment. For prolonged contractual agreements, payments may be paid
monthly in advance. Cancellation of a rental must be done a least three (3) business
days before the rental. Cancellation later than three (3) business days will result in
the renting organization being assessed three (3) hours rental fee and three (3) hours
personnel fees.
Albemarle County Public Schools
KG-AP Page 7
The building rental fees collected will be distributed as follows:
. 60% to cover out-of-pocket expenditures.
· 40% to the rented facility to be used toward the equipment replacement
effort (to be distributed quarterly annually).
D. Use of Athletic Fields and Gymnasiums
The use of athletic fields on school property and school gymnasiums by
outside sports groups will be scheduled through the Department of Parks and
Recreation. Scheduling of these spaces will be done in coordination with school
principals. School activities will be e:iven priority in scheduline:. School needs will
be determined by principals.
High schools, with the approval of the Assistant Superintendent for Support
Services, may designate specific athletic fields for limited use by outside groups
because of maintenance needs or use by high school athletic teams. High school
athletic directors, in consultation with their principals, will make all decisions
concerning the closure of these fields to use by outside groups due to weather
conditions or for other reasons. The Department of Parks and Recreation will make
these decisions for all other fields. Groups that do not abide by these decisions may
lose privilege of using school athletic fields.
The use of athletic fields on school property and school gymnasiums for
activities not sponsored by the Department of Parks and Recreation or during times
not scheduled for use by the Department of Parks and Recreation will be subject to
established rental and personnel fees.
E. Protection of School Property
For use of indoor facilities, an employee of the School Board shall be on duty at
the school property at times when the school facilities are in use. Albemarle County
Parks and Recreation employees may be used in lieu of School Board employees. No
equipment or furnishings may be used or moved without the consent of the employee in
charge if such usage is not in conformity with the contracted agreement.
The sponsoring organization shall be responsible for crowd control measures,
including the employment of police protection when required. Such control shall be
arranged in advance by the sponsoring organization when deemed necessary by the
Superintendent or designee.
The sale or consumption of food and/or beverages will be limited to the cafeteria
area only. Alcoholic beverages and smoking will not be permitted on school
property at any time.
Albemarle County Public Schools
KG-AP Page 8
All groups using school facilities are required to have liability insurance.
Documentation of a group's liability insurance coverage may will be required.
F. Informal Usage of Outdoor School Property
The Board endorses the concept that outdoor facilities at the schools serve a
community and district park function in Albemarle County. It is understood that, in
general, these facilities will be available for free play or unstructured use during daylight
hours at no cost to Albemarle County residents, unless such use would conflict with a
reserved uSe as allowed for above or a school need inclusive of maintenance
requirements.
Albemarle County Public Schools
! 1
KG-AP Page 9
COMMUNITY USE OF SCHOOL FACILITIES BASE FEE
FACILITY CLASSIFICATIONS I/II CLASSIFICATION III
Classroom No Charge $8.00/hour
Auditorium 1 No Charge $36.00/hour
Elementary Cafeteria No Charge $IO.OO/hour
--With Kitchen2 $25.00/hour
Middle/High Cafeteria No Charge $15.00/hour
--With Kitchen $30.00/hour
Media Center No Charge $ll.OO/hour
Small Gymnasium No Charge $IO.OO/hour
Large Elementary/Middle No Charge $ 15.00/hour
Gymnasium
High School Gymnasium No Charge $35.00/hour
--With Locker Rooms $50.00/hour
Multi-Purpose Fields No Charge $1O.00/hour
PERSONNEL FEES
Custodial Services
Food Service Services
$+4:-0015.00* * /hour
$~13.50** /hour
$15.00/hour
$~8.00/hour
Audiovisual/sound E ui ment
$10.00* T
* Fees collected will be returned to school account.
** Based on overtime rate of the midpoint of the appropriate Pay Grade.
Adopted:
Amended:
July 1, 1993
May 9, 1994;
1 Lighting technician required
2 Food Service staff member required-three-hour minimum
Albemarle County Public Schools
t
1"'"
August 9, 2000
Paula Figgatt
1150 Shenandoah Village Drive
Waynesboro, VA 22980
RE: SP-00-015 CFW Intelos (CV206 Route 654); Tax Map 60, Parcel 81
Dear Ms. Figgatt:
The Albemarle County Planning Commission, at its meeting on August 8, 2000, unanimously
recommended approval of the above-noted petition 'to the Board of Supervisors. Please note
that this approval is subject to the following conditions:
."...., 1. The tower shall be limited to a total of two (2) 40 inch (height) by 1 o inch (width) panel
antennas mounted no higher than the existing static lines on the existing tower (120 feet
from the base of the existing tower to the center of the antenna). No extension above the
existing tower height permitted.
2. The antennas and supporting cables shall be the same color as the existing power line
tower.
3. Accessory ground equipment/cabinets shall be located underground as depicted in
Attachment 'F of this report. The portion of the ground equipment located above ground shall
be of a earth tone color to minimize visibility of the structure.
4. Attachment of the antennas to the power line tower shall be in accord with the plan titled
"CFW Intelos Rt. 654 CV 206, sheet 3" dated 7/10/00 and attached to this report; antennae
shall extend no further than 14 inches from the tower pole.
5. Planning Department approval of a landscape plan for the substantial screening of the
ground equipment. No fencing of the ground cabinet equipment.
6. Antennas may be attached to the tower only as follows:
a. Antennas shall be limited to those shown in a plan titled "CFW Intelos, Rt. 654
CV206, "
b. Satellite and microwave dish antennas are prohibited.
1"'-,
BOARD OF SUPERVISORS
Page 2
August 9, 2000
,~
7. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a
horizontal plane running though the lowest part of the shield or shielding part of the
luminaire. For purposes of this condition, a luminaire is a complete lighting unit consisting of
a lamp or lamps together with the parts designed to distribute the light, to position and
protect the lamps, and to connect the lamps to the power supply. Outdoor lighting shall be
limited to periOdS of maintenance only.
8. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the
lease area shall not be required.
9. The antenna and appurtenant equipment shall be disassembled and removed from the site
within ninety (90) days of the date its use for wireless telecommunications purposes is
discontinued.
10. The permittee shall submit a report to the zoning administrator once per year, by not later
than July 1 of that year. The report shall identify each user of the tower and shall identify
each user that is a wireless telecommunications service provider.
11. The supporting cable shall be located on the west side of the tower.
12. The ground equipment (vault) shall be a minimum of 25 feet from the driveway as shown on ,~,
Attachment "C" of the staff report dated August 8, 2000.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on August 16, 2000. Any new or additional
information regarding your application must be submitted to the Clerk of the Board of
Supervisors at least seven days prior to yourscheduled hearing date.
Please note that the Commission also approved' a waiver of the site plan in accord with
provisions of Section 32.2.2 of the Zoning Ordinance,
If you should have any questions or' comments regarding the above noted action, please do not
hesitate to contact me.
Sincerely,
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David B. Benish
Chief of Planning & Community Development
Cc:
Ella Carey
Jack Kelsey
Bob Ball
Amelia McCulley
Steve Allshouse
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.""....,.
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
DAVID BENISH
AUGUST 8, 2000
AUGUST 16,2000
SP 2000-15 CFW Intelos CV 206. Rt. 654 (Montvue)
Applicant's Proposal:
CFW Intelos is proposing to locate two (2) 4-foot PCS panel antennas on an existing 125 foot
VEPCO monopole tower site existing VEPCO transmission line tower. The antenna panels are
approximately 40 inches tall and 10 inches wide. The antenna will be flush mounted below the
static lines (the highest arms on the pole). Therefore, increasing the height of the tower will not
be necessary. The top.ofthe antennas will be approximately 122 feet from the base of the pole.
The site is located on Magnolia Drive in the MontvUe neighborhood, off of Garth Road. .. The
existing power line is nonconforming, and thus approval of a special use permit is required in
order forah additional use to be established on the tower. The applicant has provided
information about the siting and design of the proposed facility. (Attachment A is a location
map; Attachment B is a topographic map; Attachment C is the applicant's site plan information).
Petition:
The request is for a special use permit to allow a personal wireless service facility in accordance
t""", with Section 10.2.2.6 of the Zoning Ordinance which allows for radio wave transmission and
relay towers. The property, described as Tax Map 60, Parcel 81, is located on approximately 1.3
acres, zoned RA, Rural Areas in the Jack Jouett Magisterial District (Attachment D). The site is
located in Rural Area 1, and is recommended for rural use in the Comprehensive Plan.
Character of the Area:
The area is rural in character,. consisting of scattered rural scale residential development,
including Montvue and Colthurst. This high ,voltage power line runs generally east/west in this
area and crosses Barracks Road near Colthurst. The existing tower subject to this proposal is
located in the Montvue neighborhood. Montvue contains 33 homes in total, with 8 homes
located on this section of Magnolia Drive. The closest residence other than the home on the
proposed.site is approximately 100 feet from the. tower. This general area is designated Rural
Area in the Comprehensive Plan. Barracks Road is designated as an Entrance Corridor Route.
At its closest point this tower is over 1,000 feet from Barracks Road. The Ivy Creek
Agricultural/Forestal District is located is approximately 3,000 feet west of this site.
RECOMMENDATION:
Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the
Zoning Ordinance and recommends approval of this request with conditions.
~
/--'.,
Plannine: and Zonine: History:
There is no relevant history on this site.
Comprehensive Plan:
Staff notes that in order to construct the proposed facility no clearing for access or the, provision
of electrical service will be required. Therefore, the only impacts reviewed for compliance with
the Comprehensive Plan and the Zoning Ordinance are the installation of the antennas and
ground based equipment, and maintenance activity that would result from the additional use.
This site is located in the Montwe neighborhood in the Rural Area, just west of the Urban Area
boundary at Georget~wn Road. Currently the Comprehensive Plan contains limited review
criteria for the siting of telecommunication towers. This tower is intended to provide service to
improve the quality, capacity and coverage of wireless phone services in this area of the county.
The proposal is to install two (2) panel antennas near the top of the exiting tower. The applicant
has provided a photo-simulation (Attachment D) and schematic drawing of the proposed antenna
mounting (Attachment E). The proposed mounting willnot require an increased height above
the tower. Cabling for the antenna will be mounted to the outside of the tower. Should the Board
approve this request staff is recommending that the antenna and cabling be painted a color
consistent with the tower to minimize the visibility of those improvements. The visual impact of
the proposed antenna has been minimized with the flush mounting and location below the top of
the tower. The view of the tower is not readily obvious from the east as you travel Barracks
Road. The tower is quite visible from the west as you travel Barracks Road. However, it located
over 1,000 feet from Barracks Road at its closest point and, at that removed distance along with
the proposed antenna size and mounting, the visual impact should not be significant to the larger
area.
/-....,
Probably the most significant additional impact of this proposal will be from the supporting
equipment cabinets located on the ground within the tower's footprint. The applicant initially
proposed conventional ground mounted cabinet equipment. However, based on concerns
expressed by the residents of Montvue and staff, the applicant is now proposing locating the
cabinets underground. The location of the equipment underground requires that a vault structure
be constructed below ground level. Approximately 2 feet of the vault structure is located above
ground (Attachment F). The leased area for the vault structure, at its shortest distance, is
approximately 27 feet from the front yard property line and 45 feet from the edge of pavement
for Magnolia Drive. The cabinet location will be in an area of denser existing vegetation and
landscaping consisting of 5 to 6 foot azaleas, rhodadendrons and scattered pines. The existing
vegetation will reasonably screen the facility from Magnolia Drive. However, additional
landscaping may be necessary to ensure the facility fully screened on all sides.
/---.',
2
1"""'\ STAFF COMMENT:
Use of existing structures has generally been viewed as a viable option for the location of cellular
antenna and provided the additional visual impact of the proposal can be minimized. The visual
impact is reviewed ona case by case basis. The proposed attachment to power line towers
makes use of existing utility corridors. While existing power line corridors have negative visual
impacts in most instances and these utility corridors have towers which are as tall as the tallest
conventional free standing personal wireless service towers, the use of these towers for antennas
can allow for a large service area without significant additional negative visual impact. The
attachment of antenna to these power line towers, if done properly, should not result in '
significant additional negative visual impact as the equipment installed by the personal wireless
service provider appears similar/compatible with the nature of the existing power line and power
line tower. Because the height of existing transmission towers allows provision of service to a
large area, the total number of sites required by a personal wireless service provider may be
reduced, therefore, potentially reducing the overall impact on the County.
Staff will address the issues of this request in three sections:
1. Section 31,2.4.1 of the Zoning Ordinance.
2. Section 704(a)(7)(b)(I)(II) of the Telecommunications Act of 1996.
1""". Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance.
The. Board of Supervisors hereby reserves unto itself the right to issue all special use
permits permitted hereunder. Special use permits for uses as provided in this ordinance
may be issued upon a finding by the Board of Supervisors that such use will not be of
substantial detriment to adiacent property.
As previously noted, staff opinion is that the addition of panel type antenna will have limited
additional visual impact as proposed. The existing tower is visible from Barracks Road and also
clearly visible as you drive on Magnolia Drive due to lack of vegetation within the power line
right-of-way corridor. However, the flush mounting of two panel antenna, 40 inches (height) by
10 inches (width) will result in a relatively limited change in the power line tower's visibility or
the appearance of the utility corridor. Staff is recommending that the antenna and cables be
painted the same color as the tower to obscure the visual impact of the additional equipment.
The most significant visual impact will be from the installation of the ground
equipment/cabinets. Conventional at-grade placement of support equipment/cabinets would be
out of character with the existing neighborhood in this location. However, as mentioned
previously the applicant is willing place the equipment in a vaulted structure located mostly
underground to minimize the visual impact to the neighborhood? The location of the leased area
behind existing vegetation, supplemented with additional landscaping, should adequately screen
the portion of the structure located above ground.
I"""
3
Staff has heard from Three property owners that are not opposed to this request. Theodore and
Robert Carey, adjoining owners have provided written comments (Attachment G). Staffhas also
spoken with the third resident, Mr. Bill Vining, by phone. He does not oppose the request. The
Montvue Neighborhood Association expressed opposition to the initial proposal, which included
a proposed five-foot extension ofthe tower for the antenna and the location of the ground
equipment/cabinets at ground level near Magnolia Drive. Attachment H is the Association's
comments regarding that earlier proposal (They are reflective of the current proposal). Staffhas
been in contact the President of the Association to keep him apprised of the changes to the
development proposal. However, do to scheduling conflicts and timing of the revisions to the
plan, the Association has not been able to provide comments regarding this,current proposal.
/~"
that the character of the district will not be changed thereby,
Based on the proposal for flush mounting two panel antennas of less than four feet in height and
less than one foot in width onto the existing tower and predominately underground equipment,
staff believes that there will be a relatively limited change in the visibility of this tower and the
utility corridor. Staff opinion is that this request complies with this provision of Section 31.2.4.1
of the Ordinance. Staff opinion is that the site will accommodate the proposed
telecommunication facility with minimal overall impact to the character of the district.
and that such use will be in harmony with the purpose and intent of this ordinance,
~
Staff has reviewed the purpose and intent of the Zoning Ordinance as stated in Sections 1.4, 1.5
and 1.6 with particular reference to Sections 1.4, 1.4.4, and 1.5. All of these provisions address,
in one form or another, the provision of public services. The use of mobile telephones clearly
provides a public service as evidenced by the expanded and rapid increase in use. Based on the
provision of a public service, staff opinion is that this request is in harmony with the purpose and
intent of these sections of the ordinance. Section 1.4.3 states as an intent ofthe Ordinance, "To
facilitate the creation of a convenient, attractive and harmonious community". The provision of
this facility does increase the availability and convenience for users of wireless phone
technology.
Staff in prior reviews for telecommunication facilities has noted that the visibility of the site may
be inconsistent with the intent of providing an attractive community. As approval of this permit
will result in limited change in the visibility from surrounding areas staff opinion is that this
request does comply with this provision of Section 31.2.4.1 of the Ordinance.
with the uses permitted by right in the district,
The proposal will not restrict the current uses, other by right uses available on this site, or by
right uses on any other property.
~~
4
"'" SUMMARY:
r '
Staffhas identified the following factors that are favorable to this request:
1 . The tower will provide increased wireless capacity that may be considered consistent
with the provisions of Sections 1.4, 1.4.4 and 1.5.
2. Additional use of the power line tower will not restrict permitted uses on adjacent
properties.
3. This request generally complies with the provisions of Section 31.2.4.1 of the Zoning
Ordinance.
4. The addition of antenna will result in a relatively limited change in the power line tower's
visibility or the appearance of the utility corridor.
5. Approval of this request allows for collocation on an existing structure and alleviates the
need for the construction of new facilities elsewhere.
6. Proposed placement of the ground equipment/cabinets underground with screening will
minimize the visual impact of the proposal to the neighborhood.
Staffhas identified factors that are potentially unfavorable to this request:
1. Some visual impact will occur with the addition of the antenna at the top of the tower.
2. There will be some increase in the visibility of the tower with the addition of the antenna.
"......,
The following factors are relevant to this consideration:
1. There is an existing reasonable use of the property.
2. Some portion of the underground vault facility for the ground equipment/cabinets will be
visible, although the overall visual impact should be minimal with the proposed
construction m~thod and landscaping.
SUMMARY. RECOMMENDED ACTION:
Staff opinion is that visual impact of the antenna and associated equipment will be minimized
with this requestto the extent that it will not have a significant visual impact the neighborhood or
the area in general. Therefore, staff is able to recommend approval of this request. Should the
Board choose to approve this request, staff has suggested conditions of approval.
(In the event that the Board chooses to deny this application staff offers the following comment:
To comply with the provisions of the Telecommunication Act, staff requests a consensus of
direction from the Board regarding the basis for denial of the application.and instruction to staff
to return to the Board with a written decision for the Board's consideration and action.)
"......, .
6
with additional regulations provided in Section 5.0 of this ordinance,
~,
Section 5.1.12 of the ordinance contains regulations governing tower facilities and no conditions
are necessary to ensure compliance with this provision of the ordinance, as this is an existing
facility .
and with the public health, safety and general welfare.
'The provision of increased communication facilities may be considered consistent with the
public health, safety and general welfare by providing increased communication services in the
event of emergencies and increasing overall general communication services. The 1996
Telecommunications Act addresses issues of environmental effects with the following language:
"No state or local government or instrumentality thereof may regulate the placement,
construction, and modification of personal wireless service facilities on the basis of the
environmental effects of radio frequency emissions to the extent that such facilities comply with
the Commission's regulations concerning such emissions." In order to operate this facility the
applicant is required to meet the FCC guidelines for radio frequency emissions. This
requirement will adequately protect the public health and safety.
SectIon 704(a)(7)(b)(l)(Il) of the Telecommunications Act of 1996.
The regulation of the placement, construction and modification of personal wireless facilities by
any state or local government or instrumentality thereof shall not prohibit or have the effect of
prohibiting the provision of personal wireless services.
/_h..~
Neither the Comprehensive Plan nor the Zoning Ordinance prohibits the provision of personal
wireless service. Staff does not believe that the special use permit process or the denial of this
application has the effect of prohibiting the provision of personal wireless services. The applicant
has not demonstrated that there are no other locations within the proposed area of service
currently available for new facility construction. For this reason, staff does not believe that
denial of this application would have the effect of prohibiting the provision of services.
Waiver of a site plan in accord with the provisions of Section 32.2.2 of the Zoning Ordinance
The Commission may waive the drawing of a site plan if requiring a site plan would not forward
the purpose of the ordinance or otherwise serve the public interest. Generally the site review
committee has endorsed the use of site plan waivers for the establishment of telecommunication
facilities. This general endorsement is based on the relatively small area impacted by the
proposed use and the ability to obtain the required information through an erosion and sediment
control plan and the building permits. In this case, the construction of the facility will require
activity construction underground vaults for cabinets and connection of utilities, which are
currently on site. Based on the minimal activity necessary for installation staff is unable to
identify any purpose which would be served by requiring the submission ofa site plan. Staff
recommends approval of a full site plan waiver.
~,
5
,1""""\ Recommended Conditions of Approval:
1. The tower shall be limited to a total of two (2) 40 inch (height) by 10 inch (width) panel
antennas flush-mounted no higher than the existing static lines on the existing tower (120 feet
from the base of the existing tower to the center of the antenna). No extension above the
existing tower height permitted;
2. The antennas and supporting cables shall be the same color as the existing power line tower;
3. Accessory ground equipment/cabinets shall be located underground as depicted in
Attachment F of this report. The portion of the ground equipment located above ground shall
be of a earth tone color to minimize visibility of the structure;
4. Attachment of the antenna to the power line tower shall be in accord with the plan titled
"CFW Intelos Rt. 654 CV 206, sheet 3" dated 7/10/00 and attached to this report;
5. Planning Department approval of a landscape plan for the screening ofthe ground
equipment. No fencing of the ground cabinet equipment;
~,
6. Antennas may be attached to the tower only as follows:
a. Antennas shall be limited to those shown in a plan titled "CFW Intelos, Rt. 654
CV206, "
b. Satellite and microwave dish antennas are prohibited.
7. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a
horizontal plane running though the lowest part of the shield or shielding part of the
luminaire. For purposes of this condition, a luminaire is a complete lighting unit consisting
of a lamp or lamps together with the parts designed to distribute the light, to position and
protect the lamps, and to connect the lamps to the power supply. Outdoor lighting shall be
limited to periods of maintenance only; .
8. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the
lease area shall not be required;
9. The antenna and appurtenant equipment shall be disassembled and removed from the site
within ninety (90) days of the date its use for wireless telecommunications purposes is
discontinued;
10. The permittee shall submit a report to the zoning administrator once per year, by not later
than July 1 of that year. The report shall identify each user of the tower and shall identify
each user that is a wireless telecommunications service provider.
1"""',
7
ATTACHMENTS:
~,
A - Location Map/Tax Map
B - Topographic Map
C - Site Development Information
D - Photo Example of Proposed Antenna Array and Mounting
E - Antenna Mounting Detail .
F - Photograph of Proposed Underground Cabinet VaultNirginia Power Standards
G - Public Comment
H - Montvue Homeowners Association Comments
~
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8
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SAMUEL MILLER, JACK JOU.ETT AND
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SECTION 80
ATTACHMENT C
VIRGINIA
.-.,. .
CONTACT INFORMATION
CONSTRUCTION ENGINEER - STEVE YANCEY
COUNTY/CITY INSPECTOR. -
CONTRACTOR ..
POWER COMPANY.
TELEPHONE COMPANY - -
!:
, TABLE OF CONTENTS
SHEET NUMBER TITLE
1 COVER
2 SUPPORT DETAILS
3 SITE PLAN
4 SURVEY
5 STRUCTURAL DETAILS
CFW-INTELOS
:
1150 SHENANDOAH VILLAGE DR
WAYNESBORO, VA 22980
.
- ~
APPROVED BY: DATE:
11
RECEIVED
JUL ~ ~ ?I.IUU
PLANNING AND
COMMUNITY OEVELOPMENl
NTELOS
ROUTE.: 654
CV 206
~., ".,
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-'to ~'....
II '.
I
CFW
"
. .
ALBEMARLE
COUNTY
~
)
VICINITY MAio
NOT TO SCALE
"
SITE LATITUDE: 380 04' 06,1" N
SITE LONGITUDE: 780 30' 49.8" E
DRAWINGS BY:
CADD Graphics
Ed West
63 Forest Spring Drive
Stuarts Draft, VA
PHONE (540) 337-1132
2' PVC <INCOMING TELCO>
l' PVC <GREEN GROUND FROM MAC TO RING)
l' PVC<TELCO FROM MAC TO SC611>
l' PVC <DC POWER FROM MAC TO SC61l>
l' PVC <AC POWER FROM MAC TO SC61D
l' GROUND ROD
<GROUND 4' PIPE TO ROD 1
CONNECT ROD TO RING)
4' GALVANIZED
PIPE
NEMA 4X
HENNESSY GENERATOR __________....l
CABINET OUTLET '-________J ,
,
,
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......
---
2' PVC <INCOMING PO'JER>
FENCE NOT SHO'JN LID' x 10' CONCRETE PAD
<FOR DETAILS SEE PG 3
AND PG 7)
~ 2.32' ~
(
(
NOTE.
INCOMING PO'JER AND
TELCO TO BE LOCATED
IN THE FIELD
NEMA 4X
HENNESSY
CABINET
FRONT VIEW
=c:::::tc:::::t
=c:::::tc:::::s
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PO'JER CONDUIT '.
FOR CABINET .'
2.17'
COAX CABLE TO ANTENNA
GPS MUST BE LOCATED
FOR SOUTHERN EXPOSURE
LOCA nON 'JILL BE SITE
SPECIFIC AND MUST BE
GROUNDED
.
-1
4' x 10' OPENING
FOR CONDUIT
0..
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(SEE PAGE 7)
100' VEPCO P'JR T'JR
'JAVEGUIDE BRIDGE
TO RING)
..
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ATTACHMENT C
IGHT
GAL VANIZED PIPE
.
SC611 MOUNTED ON 4' PIPE
\
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125' VIRGINIA
POWER TOWER
ICE BRIDGE/COAX
TO ANT ANNAS
SC 611
(SEE SUPPORT
DET AILS PG.2)
SMnl:
8
125' VEPCO
POWER POLE
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(SEE SUPPORT
DETAILS PG.2)
10 X 10 CoNORETE
PAD AND COMPOUND
co
~ ~
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OQ!
~
~~
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It "I
'V
ANTENNA
ANTENNA TO
PRIMARY RADIO 5/8- 170' 5/8" 170'
CABINET
- - - -
· ESllMATED LENGTHS FROM AVAILABLE INFORMAllON FIELD ENGINEER TO UPDATE ON AS-BUILT DRAWINGS.
LENGTH eFT).
RX/TX
COAX
CABLE
SIZE
LINE SCHEDULE
COAX
CABLE
SIZE
l'
LENGTH eFT).
RX/TX
r
TOP OF TOW~~, 1~5'
120' TO CENTER OF ANTENNAE
ANTENNAES TO BE MOUNTED 12'
FROM POLE.
FROM/TO
ANTENNA
TYPE
PCSA090-13- 2
- -
AZIMUTH 90' DOWNllL T=O'
PCSA065-16-0
--
AZIMUTH 290' DOWNllLT=
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ATTACHMENT C
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5
FIBROUS REINFORCEMENT SHALL BE MONOFlLAMENT OR FIBRILLATED POLYPROPYlENE
ADDED AT A RATE OF 1.5 POUNDS PER CUBIC YARD. FlBRooR REINFORCEMENT SHALL
BE CONSIDERED SECONDARY FlEINFORCEMENT AND SHALL BE INQ.UDED IN ALL CON~ETE.
D.
C.
REINFORCING SHALL CONFORM TO ASTM 1.-815 WllH SUPPLalENT. MINIMUM
'YIELD STRENGlH Fy .. 60 KSI. REINFORCING DETAILS SHALL BE IN
ACCORDANCE WllH lHE LAlEST EDIllON OF ACI 315.
CONCRETE SHAlL BE NORMAL WEIGHT, 6X AIR ENTRAINED (:l:1.5X) AND HA~ A
MINIMUM 28-DAY COMPRESSIVE STRENGTH OF 4000 PSI UNLESS OlHERWlSE NOlED.
B.
CONCRETE
A. DESIGN AND CONSTRUCTION OF AlL CONCRETE ELEMENTS SHALL CONFORM TO
lHE LATEST EDITIONS OF lHE FOllOWING APPUCABlE CODES: Act JOt
'SPECIFlCATIONS FOR STRUC1\JRAL CONCRETE FOR BUILDINGS'; ACI 318,
'BUILDING CODE REQUIREMENTS FOR REINFORCED CONCRETE";
1. COOL INGREDIENTS BEFORE MIXING TO ..AINTAIN CONCRETE TEMPERA1\JRE
AT TI"E OF PlACEMENT B.ELOW 90'l"(32'C). MIXING WATER MAY BE CHILLED
OR CHIPPED ICE "AY BE USED TO CONTROL TE..PERA1\JRE PRO~DED
WATER EoolVALENT OF ICE IS CALCULATED TO TOTAL AMOUNT OF MIXING
WATER ,
2. CO'v'ER REINFORCING SlEEL WllH WATER SOAKED BURLAP IF IT BECOMES
TOO HOT, SO lHAT lHE .STEEL TE..PERA1\JRE WILL NOT ,EXCEED lHE
NofBlENT AIR TEMPERA 1\JRE I....EDIA TEL Y BEFORE IMBEDMENT'IN CQIICRETE.
3. FOG SPRAY FORMS, REINfORCING STEEL. AND SUBGRAOE .lJST BEFORE
CONCRETE IS PLACED. . , '
4. USE WATER-REDUCING RETARDING AOMIX1\JRE Wl-fEN REQUIRED BY HIGH
TEMPERA1\JRES, LOW HUMIDITY. OR 01HER ADVERSE PLACING CONDIllONS
WHEN ACCEPTABlE TO lHE ENGINEER,
Oat.:
7/10/00
Dwg 1Ir:
!:ADD
GraphIc.
HOT-WEAlHER PLACING: \l.HEN HOT WEAlHER CONDITIONS EXIST lHAT WOULD
SERIOUSLY '''PAlR QUAUTY AND STRENGTH OF CONCRETE, PLACE CONCRETE IN
COMPUANCE WllH ACI 305. AND AS HEREIN SPECIFIED
4.
O.
PAD REINFORCEMENT DETAIL
NTS
F.
G,
H.
SUBGRADE BELOW SLAB-ON-GRADE SHALL BE RE~EWED AND
O~ER'S REPRESENTATI~ BEFORE CONCRETE SlAB PLACEMENT.
DO NOT PlACE FOOTINGS IN WATER OR ON FROZEN GROUND.
SOIL BEARING SURFACES, PRE~OUSLY ACCEPTED BY O~ER'S REPRESENTATI~,
Wl-fICH ARE AlLOWED TO BECO"E SA1\JRATED. FROZEN OR DlS1\JRBED SHALL BE
REWORl<ED TO SATISFACTION OF O~ER'S REPRESENTATIVE.
DO NOT AlLOW GROUND BENEAlH FOOTINGS TO FREEZE.
FOOliNG EXCAVATIONS SHALL BE CUT NEAT.
1.
2.
DO NOT USE FROZEN ..ATERIALS CONTAINING ICE OR SNOW.
DO NOT USE CALCIUM CHLORIDE, SALT. AND 01HER MATERIALS CONTAINING
ANlIFREEZE AGENTS OR CHEMICAL ACCELERATORS UNLESS OlHERWlSE
ACCEPTED IN MIX DESIGNS.
PRO~SlONS SHALL BE MADE FOR MAINTAINING 1HE CONCRETE AT A
MINIMUM TE..PERA1\JRE OF NOT LESS lHAN 50'1" AND NOT MORE lHAN
85'F FOR A PERIOD OF AT LEAST SEVEN(71 DAYS.
USE OF NON-IJENTED HEATERS SHALL NOT BE PERMITTED. AT lHE END
OF THE CURING PERIOD~ GRADUALLY REDUCE 1HE TEMPERA1\JRE AT A RATE
NOT TO EXCEED 1 DEGREE PER HOUR UNlIL THE TEMPERA1\JRE .THIN
THE ENQ.OSURE EQUALS 1HE lEMPERA1\JRE OUTSIDE 1HE ENCLOSURE.
IN ACCORDANCE Wl1H ACI 308.
ACCEPTED
BY
4.
3.
(~
8' ~USHED STONE (MIN.)
8 mn PO..Y ON
UNDISlURBED SUBGRADE
UNDISlURBED SUBGRADE (BEDROCK OR
STRUCTURAL FILL)
D.
E.
B.
C.
3.
B. PRESU..PlIIJE BEARING CAPACITY:
EXCAVATIONS/tOUNDATION
A. EXCAVAlION SHALL
FOUNDA liON
MATERIALS.
BE
HAND- TRIM..ED
TO REMOIJE
LOOSE
L.
...
LOCATE ADDIllONAL CONSTRUCTION JOINTS REOUIRED TO FAClUTATE
CONSTRUClION AS ACCEPTABlE TO ENGINEER. PlACE REINFORCEMENT
CCNlINUOUSL Y lHROUGHJOINT.
\
REINFORCEMENT SHALL BE COLD BENT Wl-fENEVERBENDING IS REQl!IRED.
8' MINIMUM CONCRETE SlAB
MESH
EXTERIOR FOUNDAlION BACKFILL SHALL BE SELECTED GRANULAR FILL.
ALL STRUCTURAL BACKFILL AND SUBBASE UNDER SlABS-ON-GRADE AND
FOOTINGS SHALL BE 'SW" OR BETIER PER ASTM 0-2487 COMPACTED TO A
..,NIMUM 95X STANDARD PROCTOR DENSITY PER ASTM D 898.
N.
Wl-fEN AIR TENPERA1\JRE HAS FALlEN TO OR IS EXPECTED TO FALL BELOW
4O'F(4'C) UNIFOR..LY HEAT WATER AND AGGREGATES BEFORE ..,XING
TO OBTAIN A CONCRETE MIX1\JRE TEMPERATURE OF NOT LESS THAN 50'F
(10'C) AND NOT MORE THAN 80'F(27'C) AT POINT OF PLACEMENT.
COlD-WEA1HER PlACING: COMPLY WllH PRO~SlONS OF ACI 308 AND AS
FOlLOWS. PROTECT CONCRETE WORK fROM PHYSICAL DAMAGE OR REDUCED
STRENGTH lHAT COULD BE CAUSED BY FROST, fREEZING ACTIONS, OR LOW
TEMPERA 1\JRES.
DESGN LOADS
A. ELECTRICAL CABINET:
2.000 PSF
HENNESSY EQUIpt,jENT CABINET
285
LaS
1<.
DO NOT "ELD OR REINFORCING STEEl.
ALL DOWELs, ANCHOR BOLTS, ENBEDDED STEEL. ElECTRICAL CONDUITS. PIPE
Sll:EIJES, PIPING, INSERTS, GROUNDS AND ALL OTHER EMBEDDED
ITEMS AND FORMED DETAILS SHALL BE IN PLACE BEFORE START OF CQIICRETE
PLACEMENT.
::!
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(C)f..;;
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Q:~
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CI)
2.
I.
J.
D.
EACH CQIITRACTOR SHALL COOPERATE .lH THE O~ER'S REPRESENTATIIIE. AND
COORDINATE HIS WORK WllH lHE WllRI< OF OlHERS.
TACK~
ADMIX1\JRES SHALl CONFORM
REFERENCED IN ACI-301.
CURING COt.fPOUNDS SHALL CONFORM TO ASTM C-309.
TO 1HE APPROPRIATE
ASllI STANDARD
AS
INCORRECTI.Y FABRlCAlIO, DAMAGED, OR 01HERWlSE MISFlTnNG eR
NONCONFORMING MATERIALS OR CONDITIONS SHALL BE REPORTED TO THE O~ER
PRIeR TO REMEDIAL OR CORRECTIIJE AClION. ANY SUCH ACnON SHALL
REQUIRE APPROVAl.
G.
H.
C.
UNLESS INDICATED 01HERWlSE ON THE DRAWINGS, REINFORCEMENT SPUCES
SHALL MEET ClASS B. TENSION LAP REQUIREMENTS IN ACCORDANCE WllH ALL
PRO~SlCNS OF ACI 318 LA TEST EDITION, UNLESS NOTED OTHERWISE.
CONTRACTOR SHALL DETERMINE EXACT LOCAlION OF EXISlING UTIUlIES
BEFORE COt.fMENClNG WORK. HE AGREES TO BE FULLY RESPONSIBLE FOR ANY
AND ALL DAMAGES Wl-fICH MIGHT BE OCCASIONED BY HIS FAILURE TO EXACTI.Y
LOCATE AND PRESERVE UNDERGROUND UlIUnES.
B.
A.
lHESE
SAFETY.
DRAWINGS DO NOT INQ.UDE NECESSARY COMPONENTS FOR CONSTRUClION
F.
1.
2.
3.
4.
(U.N.O.) SHALL BE:
CONCRETE CAST "GAINST AND PERMANENTlY EXPOSED EARlH........J.
CONCRETE EXP05f;D TO EARlH. WEATHER......,..................2.
SLABS....................................................3/4.
ALL OlHER CONC~ETE.....................................1 1/2'
~
lL
U
I I
---
1.
GENERAl
E.
CONCRETE. COVER AROUND REINFORCING BARS
EQUIPMENT F'OUNDAlION NOTES:
'(~
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ATTACHMENT C
I
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-
ATTACHMENTD
"..,..."
~\
16
JUL.-10'00IMON) 11:08
T,
JM. LINES
TEL: 80425';A~89
.
Document Type
ATTACHMENT E
Engineering Work Sheet pow 14
Doc. No. Rev. No. Sheet No.
MRGMllAIIOWm
C F y..; flrd. s,'-/-e .,:. C V~o6
SUbject .. Prepared By A
mar.. ntd;c.. O.,.:",e VfS4'/ s,A, Crensnav
System Sir. # d. 33 _ ~ 8 Checked 6y
I of /
Dale
7-6-00
Date
Project
J I':: JO 1 ·
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An fe n" a. f1 ad Ce ,"/'e-r
@ J~O' ~ " AbD'Ye Base p/~+e
of e~rs4i"!.5 sfr-l.LdlAye
900
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,
I
17
FOIT11 No, 72:l712(Mat /HI) (f0lTllll1ly 97707"
1"'"':
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ATTACHMENT F
18
file://C:\ WINDOWS\ TEMP\picture #28.jpg
7/25/00
JUL. -20' OOlTHUI 14:01
TRANSM, LINES
TEL:80425i4889
ATTACHMENT F
PAGE 2
'--...
July 20, 2000
.
VltrGlNIA POWER
Ms~ Paula Figgatt
CFW . Intelos
1-150 Shenandoah Village Drive
POBox 1328
Waynesboro, VA 22980..0909
Re; CFW Antenna Site CV206 (Magnolia Dr) and CV 307 (pantops)
Dear Paula,
Inresponse to your request to put CFW's equipment underground in a vault structure on
Virginia Power's transmission line easement, I offer the following:
- The vault would have to be capable of withstanding loads due to a bucket truck
driving over top of it. Our largest bucket trock weighs approximately 98000 lbs.
- It would have to be located at least 2S ft away from a steel pole structure, preferably
near the edge of the right-of-way.
- On a lattice tower structure, the vault would have to be outside the footprint' of the
tower, at least 25 feet from the closest point of the tower or foundation. preferably
near the edge of the right-of-way. We will not allow the installation of the vault
underneath one of our towers.
- The coax cables from the transmission stnlct\lre to the vault would be placed
underground in conduits.
---..
Should you need additional information, please call me at 804-257-4042.
Sincerely,
~.~\~~
J~briS Behrens
Transmission Engineer
Bulk Power Projects
cc: Vera Houghton
Mark Allen
.---'
19
~
ATTACHMENT G
r".
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1"-",\,
20
ATTACHMENT H
~,
MONTVUE CITIZENS ASSOCIATION
2704 MAGNOLIA DRIVE
CHARLOTTESVILLE, VIRGINIA 22901
(804) 979-1171
Fax: (804) 923-4045
June 13, 2000
Mr. David B. Benish
Chief of Planning & Community Development
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902-4596
Re: SP 00-015 CFW Intelos (CV 206 Route 654) - Tax Map 60, Parcel 81
Dear Mr. Benish:
The Montvue Citizens Association is the neighborhood association for the approximately 33
homeowners in Montvue Subdivision in Albemarle County. As president of the Association, I am
writing regarding the petition by CFW Intelos for a special use permit to build a telecommunications
installation on a residential lot in Montvue and to install telecommunications antennas on the top of an
adjacent Virginia Power transmission tower. The Montvue Citizens Association opposes CFW's petition
for the following reasons.
~,
The proposed installation is not in keeping with Montvue's residential character.
Montvue is small, quiet neighborhood of approximately 33 single family homes. Under our
recorded neighborhood covenant, property owners may use their lots only for residential purposes.
CFW's proposed installation of its telecommunications machinery, surrounded by a six foot stockade
fence, in the front yard of one of our homes would not be in keeping with the residential character of our
neighborhood.
The proposed site is too close to Magnolia Drive and to neighboring houses.
There are only two streets in Montvue, Montvue Drive and Magnolia Drive. Both are maintained
by the Association and are popular with strollers and cycli~ts who enjoy the beauty and the tranquility of
the roads. CFW's proposal to build an unsightly and noisy installation, only a few feet from Magnolia
Drive, would detract from the scenic appeal of the area. Moreover the installation would be a constant
eyesore to the immediate neighbors.
CFW's antennas would worsen the appearance of the Virginia Power tower.
As obtrusive as the Virginia Power towers are, they were at least designed to conform with
governmental standards to reduce their visibility and prominence. CFW proposes to increase the height
of one of the towers by five feet and to mount four five-foot antenna panels extending even higher.
r--,
21
~. Mr. David B. Benish
June 13, 2000
Page Two
These changes would increase the tower's prominence and visibility, not just from within Montvue, but
also from Route 654 (Barracks Road/Garth Road).
The CFW installation would exacerbate the destabilizing effects of the Route 29 Bypass.
Montvue is one of several neighborhoods in the Jack Jouett district most effected by the siting of
the proposed Route 29 Western Bypass. The proximity of the proposed bypass has caused property
values to plummet. Recently VDOT has purchased eight Montvue homes for the Bypass right-of-way
and VDOT now serves as an inattentive, absentee landlord. Adjusting to these changes has been
challenging for our homeowners and the Association. CFW's proposed installation of its
telecommunications facility in the front yard of one of our homes would only exacerbate the By-Pass'
effect on property values in Montvue and further destabilize our neighborhood.
For the foregoing reasons, the Montvue Citizens Association opposes CFW Intelos' petition to
build a telecommunications installation in Montvue and we request that the petition be denied.
.~,
Very truly yours,
MON~UE CITIZENS ASSOCIATION
( ~l)'{ /
~ ~f
By: ~ ~
Peter B. Vaden, President
~.
Montvue Citizens Association is the community
association of property owners in the Montvue subdivision.
22
aynesboro
LANDSCAPE & GARDEN CENTER
703-942-4646 FAX 703.949-7743
2032 West Main Street. Waynesboro. Va. 2298Q
LEE P. QUILLEN
Landscape Designer
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---------....----
'10
'...,,,,!
October 25, 2000
Valerie W. Long, Esquire
POBox 12288
Charlottesville, VA 22902
RE: SP-2000-18 CVR-336 Union Run - Tax Map 79, Parcel 10
(Note corrected parcel number)
Dear Ms. Long:
\
J
The Albemarle County Planning Commission, at its meeting on August 1, 2000, by a vote of 3-1,
unanimously recommended approval of the above-noted petition to the Board of Supervisors.
Please note that this approval is subject to the following conditions:
1. The tower shall comply with the following conditions of the certificate of Appropriateness:
a. Neither, the height of the wooden monopole nor the antennas shall exceed fifty
(50) feet. The applicant shall provide a certified statement on the height of the
tower.
b, Only flush mounted, panel type antennas shall be used. No antennas that
project out from the pole shall be approved.
c. There shall be no option to co-locate other facilities on this pole;
2. The applicant shall provide a certified statement on the height of the tower;
3. The tower shall be designed, constructed and maintained as follows:
a, The tower shall not be painted and shall be natural wood color;
b. Guy wires shall not be permitted; and,
c. The tower shall have no lighting;
4, The tower shall be located on the site as follows:
a, The tower shall be located as shown on the attached plan (on file in the Clerk's
office) entitled "Triton PCS, INC, CV-R-336-G Union Run";
'....
5. Antennas may be attached to the tower only as follows:
a. Antennas shall be limited to those shown in a plan titled "Triton PCS, INC. CV-R-
336-G Union Run".
b. Satellite and microwave dish antennas are prohibited;
6. Each outdoor luminaire shall be fully shielded such that all light emitted is projected
below a horizontal plane running though the lowest part of the shield or shielding part of
the luminaire. For purposes of this condition, a luminaire is a complete lighting unit
consisting of a lamp or lamps together with the parts designed to distribute the light, to
position and protect the lamps, and to connect the lamps to the power supply. Outdoor
lighting shall be limited to periods of maintenance only;
7. Prior to beginning construction or installation of the tower or the equipment building, or
installation of access for vehicles or utilities, a tree conservation plan developed by a
certified arborist, specifying tree protection methods and procedures and identifying any
existing trees to be removed on the site outside the access easement and tower lease
area, shall be submitted to the Director of Planning and Community Development for
approval. All construction or installation associated with the tower and equipment
building, including necessary access for construction or installation, shall be in
accordance with this tree conservation plan. Except for the tree removal expressly
authorized by the Director of Planning and Community Development, the cutting of trees
within seventy-five (75) feet of the tower shall be limited to dead trees and trees of less
than six (6) inches in diameter measured at six (6) inches above the ground, excePt
those trees identified on the plans as necessary for the establishment of the tower;
8. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the
lease area shall not be required;
9. The tower shall be disassembled and removed from the site within ninety (90) days of
the date its use for wireless telecommunications purposes is discontinued;
10. The permittee shall submit a report to the zoning administrator once per year, by not
later than July 1 of that year. The report shall identify each user of the tower and shall
identify each user that is a wireless telecommunications service provider;
11. No slopes associated with construction of the tower and accessory uses shall be created
that are steeper than 2: 1 unless retaining walls, revetments, or other stabilization
measures acceptable to the County Engineer are employed;
12. The access road shall be built with side slopes on cut and fill slopes at 2: 1 or flatter; and,
13. The access road shall disturb no more than seventy-five (75) feet in cross section.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on August 16, 2000. Any new or additional
information regarding your application must be submitted to the Clerk of the Board of
Supervisors at least seven days prior to your scheduled hearing date,
The Commission also took the following actions:
. Unanimously approved a waiver of the drawing of a site plan in accord with the provisions of
-- ,--- --Sectiof1.322.2.2.s_ubjectJQJnE:LfQ_UQ'N!ng.J::QIJ<:IitiQD..:________.___________________.._.____. .__________ ____._______._.__ _____
1. Approval of an erosion and sediment control plan prior to the issuance of a bUilding
permit.
. Unanimously approved a modification of Section 4.10.3.1 to allow location of the tower as
shown a plan titled "Triton PCS, INC, CV-R-336-G Union Run".
If you should have any questions or comments regarding the above noted actionl please do not
hesitate to contact me,
Sincerely,
~.fi-
Stephen Waller
Planner
\
,.}
SW/jcf
Cc: ~a Carey
Amelia McCulley
Jack Kelsey
~
August 8, 2000
Valerie W. Long, Esquire
POBox 12288
Charlottesville, VA 22902
RE: SP-2000-18 CVR-336 Union Run - Tax Map 79, Parcel 12
Dear Ms. Long:
The Albemarle County Planning Commission, at its meeting on August 1, .2000, by a vote of 3-1,
unanimously recommended approval of the above-noted petition to the Board of Supervisors.
Please note that this approval is subject to the following conditions:
I""".
1. The tower shall comply with the following conditions of the certificate of Appropriateness:
a' Neither, the height of the wooden monopole nor the antennas shall exceed 50
feet. The applicant shall provide a certified statement on the height of the tower.
b. Only flush mounted, panel type antennas shall be used. No antennas that
project out from the pole shall be approved,
c. There shall be no option to co-locate other facilities on this pole.
2. The applicant shall provide a certified statement on the height of the tower.
3. The tower shall be designed, constructed and maintained as follows:
a. The tower shall not be painted and shall be natural wood color;
b. Guy wires shall not be permitted; and,
c. The tower shall have no lighting;
4. The tower shall be located on the site as follows:
a. The tower shall be located as shown on the attached plan entitled "Triton PCS,
INC. CV-R-336-G Union Run".
BOARD OR sn
.. o PERVISORS
l,....'
Page 2
-August 8,2000
/'~'1
5. Antennas may be attached to the tower only as follows:
a. Antennas shall be limited to those shown in a plan titled "Triton PCS, INC. CV-R-
336-G Union Run".
b. Satellite and microwave dish antennas are prohibited.
6. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a
horizontal plane running though the lowest part of the shield or shielding part of the
luminaire. For purposes of this condition, a luminaire is a complete lighting unit consisting of
a lamp or lamps together with the parts designed to distribute the light, to position and
protect the lamps, and to connect the lamps to the power supply. Outdoor lighting shall be
limited to periods of maintenance only;
7. Prior to beginning construction or installation of the tower or the equipment building, or
installation of access for vehicles or utilities, a tree conservation plan developed by a
certified arborist, specifying tree protection methods and procedures and identifying any
existing trees to be removed on the site outside the access easement and tower lease area,
shall be submitted to the Director of Planning and Community Development for approval. All
construction or installation associated with the tower and equipment building, including
necessary access for construction or installation, shall be in accordance with this tree
conservation plan. Except for the tree removal expressly authorized by the Director of _~
Planning and Community Development, the cutting of trees within 75 feet of the tower shall
be limited to dead trees and trees of less than 6" in diameter measured at 6" above the
ground, except those trees identified on the plans as necessary for the establishment of the
tower.
8. The permittee shall comply with section 5,1.12 of the Zoning Ordinance. Fencing of the
lease area shall not be required;
9. The tower shall be disassembled and removed from the site within ninety (90) days of the
date its use for wireless telecommunications purposes is discontinued;
10. The permittee shall submit a report to the zoning administrator once per year, by not later
than July 1 of that year. The report shall identify each user of the tower and shall identify
each user that is a wireless telecommunications service provider;
11. No slopes associated with construction of the tower and accessory uses shall be created
that are steeper than 2:.1 unless retaining walls, revetments, or other stabilization measures
acceptable to the County Engineer are employed;
12. The access road shall be built with side slopes on cut and fill slopes at 2: 1 or flatter; and,
-~
~.
Page 3
August 8,2000
13. The access road shall disturb no more than 75' in cross section..
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on August 16, 2000. Any new or additional
information regarding your application must be submitted to the Clerk of the Board of
Supervisors at least seven days prior to your scheduled hearing date.
The Commission also took the following actions:
. Unanimously approved a waiver of the drawing of a site plan in accord with the provisions of
Section 32.2.2.2 subject to the following condition:
1. Approval of an erosion and sediment control plan prior to the issuance of a building
permit.
. Unanimously approved a modification of Section 4.10.3.1 to allow location of the tower as
shown a plan titled "Triton PCS, INC. CV-R-336-G Union Run",
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
r".
Sincerely,
~dL
Stephen Waller
Planner
SW/jcf
Cc:
Ella Carey
Amelia McCulley
Jack Kelsey
r"
/"',
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
STEPHEN WALLER
AUGUST 1,2000
AUGUST 16,2000
SP 00-018 CV -R-336 Union Run
Apulicant's Proposal:
The applicant is proposing to install a 50 foot tall, self supporting wooden pole and related
equipment to provide Triton and AT&T with improved PCS phone coverage along Interstate 64
East, State Route 250 East and State Route 22, in the Shadwell area (Attachments A and B).
Three (3) flush mount antennas will be attached to the pole. A plan showing the specific location
and design of the proposed facility is provided in Attachment C.
The applicant's original request wasfor a 65-foot high tower. However, after preliminary
review by the Architectural Review Board, and comment from staff, the tower has been relocated
in an area that has allowed a reduction in height to 50 feet. The change in height and additional
landscaping that was required by the ARB are both reflected in the attached plans.
Petition:
American Tower Corporation constructs telecommunications facilities for use by various
wireless service providers. The request is for a special use permit to allow a personal wireless
""....,., service facility in accordance with Section 10.2.2.6 of the Zoning Ordinance which allows for
radio wave transmission and relay towers. Trees within 25 feet of the tower site have a wide in
height, with the tallest being 52 feet in height, next tallest at 48 feet. The applicant has
determined that this facility could provide adequate coverage at tree top level. Therefore, this
proposal is to construct a wooden telecommunications tower at a total height of 50 feet.
Associated ground facilities will be contained within a 40-foot x 40-foot lease area. The tower
site is located on a portion of Edge Hill Farm at approximately 4,32 feet above sea level. The
property, described as Tax Map 79/ParcellO, contains approximately 866 acres, zoned RA,
. Rural Areas and EC, Entrance Corridor in the Rivanna Magisterial District (Attachment D). This
Comprehensive Plan designates this site Rural Area 2.
Character of the Area:
The property is located on the southern end of Edge Hill Farm and accessed from the south at the
intersection of Edge Hill Drive (private) a.nd 250 East, approximately 1/4 mile from the
intersection of Route 250 and Route 22. Adjacent properties to the south and east, and separated
by Routes 250 and 22 include the Luckstone Quarries (zoned RA), Shadwell Market (C-l), and
Shadwell Antiquaires (C-l). The northern property line of subject parcel is bounded by the right-
of-way margin ofI-64 East which separates the tower site from the largest portion ofthe
property. The portion of the parcel located on the north side ofI-64 is also zoned RA and
"-..,, '
1
surrounded by other rural properties.
The closest dwelling is located approximately 1600 feet southeast of the proposed tower site, on
Tax map 79/ParceI17C. The nearest existing tower is located approximately 1 mile southeast of
the proposed tower site, at. Tax Map 79/ParcelI6. The proposed tower site and 1600 square
foot lease area, is located. in a wooded area near the top of a hill, approximately 18 feet from the
right-of-way, on a relatively flat area between the dwelling and 1-64 right-of-way. The facility
will be accessed by a 20-foot wide easement and gravel service road driveway extending east
from Edge Hill Farm Drive, the existing private road serving the property. The tower, its
facilities and the service road are all proposed in areas that will not require the removal of any
trees. The proposed tower site is indicated on a topographic map which is included as
Attachment E.
~'"
The applicant's request indicates that there are no existing opportunities for collocation on
existing structures within the area that would meet Triton's engineering requirements. Staff
notes that a proposal for collocation on an existing facility which results in increased visibility
would be in conflict with the County's Wireless Policy Manual. Therefore, collocation is not
always viewed as a positive alternative to new facilities.
RECOMMENDATION
Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the
Zoning Ordinance and recommends approval with conditions.
~
Plannine: and Zonine: Historv:
1. 1989 Comprehensive Plan Review - The Planning Commission and the Board of
Superyisors considered, but decided against, the property owner's request to change the
portion of the subject parcel containing this proposal to a Growth Area designation.
2. SP 93-32 Ray A. Graham, III - Request for special use permit to allow a gift shop and an
outdoor market in the Rural Areas was deferred indefinitely, at the applicant's request,
after the Planning Commission's recommendation for denial.
3. VA 00-15 CFW at Bellair - On July 18, 2000 the Board of Zoning Appeals granted a
variance to a reduction in the setback from 1-64, allowing the construction of the 50-foot
tall PCS tower proposed in this request.
Comprehensive Plan:
Staff notes that that no clearing will be required in order to allow construction of the proposed
tower, service road or improvements for the provision of electrical service. Therefore, staff
analysis focuses on the visibility of the site from the surrounding area, including the Entrance
Corridor, and the standards set forth in the proposed Wireless Policy Manual.
~
2
1""",
The site is lies within the area designated as Rural Area 2 and is adjacent to properties identified
by the Open Space Plan as Registered Historic Properties portion. This includes the larger
portion of Edgehill Farm, north ofI-64, and the Southwest Mountain Historic District.
Resources on the subject property that are identified by the Comprehensive Plan and could
possibly be impacted by approval of this application are the Entrance Corridor and the
recognized Wooded Areas. Currently the Comprehensive Plan contains limited review criteria
for the siting of telecommunications towers. However, staff analysis includes an assessment of
this proposal's compliance with the guidelines set fourth in Wireless Policy Manual which is
being developed for adoption as a future component of the Comprehensive Plan.
Staff can identify no provision in the Comprehensive Plan that prohibits or has the effect of
prohibiting the provision of personal wireless communications service. This tower is intended,
primarily, to provide service along the Route 250 East, Route 64 East and Route 22 North
Entrance Corridors. The Architectural Review Board addresses development within the Entrance
Corridor Overlay District for aesthetic impact. The intent of the Entrance Corridor Overlay
District, as stated in the Zoning Ordinance, is in part "to implement the Comprehensive plan goal
of protecting the county's natural, scenic and historic, architectural and cultural resources,
including preservation ofnatural and scenic resources as the same may serve this purpose," and,
"to protect the County's attractiveness to tourists and other visitors; to sustain and enhance the
economic benefits accruing to the County from tourism." Although the top of tower will be
visible, it is anticipated that the tower's visibility will be minimal as a result of both it's design
and it's location within a stand of trees that are comparable in height. The ARB has granted
approval for this proposal and issuance of a Certificate of Appropriateness, with the following
conditions:
r-.,
1. The height of the wooden monopole shall not exceed 50'.
2. Only flush mounted, panel type antennas shall be used. No antennas that project
, out from the pole shall be approved.
3. There shall be no option to co-locate other facilities on this pole.
Portions of the subject property, including the tower facility's lease site, are located within areas
designated as Important Wooded Areas on the Open Space Plan inventory maps. Because no
trees are proposed to b~ removed, the applicant has demonstrated that the facility can be
constructed in accordance with recommendation for preserving as many trees as possible in
Wooded Areas. The nearest property identified as a Registered Historic Property is the larger
part of Edge hill Farm, and it is separated from the tower site by the 1-64 right-of-way and
buffered by wooded areas. This tower site is located at a far distance that is not highly visible
from properties in the area with historic sites. Therefore, it is staff s opinion that the proposed
facility will have very little, if any, impact on the historic resources identified by the Open Space
Plan.
In order to provide a adequate signal, the applicant is requesting a tower height of 50 feet. Based
on a field visit at which a balloon was floated at the proposed height of 50 feet, staffhas
",......,.
3
determined that the top portion of the tower is expected be visible above the surrounding trees
from the Routes 22 and 250 while no part of the tower will be visible from Route 64. However,;_
staff notes that the balloon is approximately 6 feet width and red in color, and intended for high -~
visibility, while the proposed tower will have limited visibility due to its smaller width and
natural wood color. Furthermore, as a result of preliminary ARB review, the applicant reduced
the originally requested height by fifteen feet and will provide additional ground level screening
for the tower and its appurtenant facilities, as shown on the sketch plan.
STAFF COMMENT:
Staffwill address he issues of this request in four sections:
1.
2.
3.
Section 31.2.4.1 of the Zoning Ordinance;
Section 704 (a)(7)(b)(I)(II) of the Telecommunications Act of 1996;
Waiver of site plan in accord with the provisions of Section 32.2.2 of the Zoning
Ordinance.
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance.
The Board of Supervisors hereby reserves unto itself the right to issue all special use permits
permitted hereunder. Special use permits for uses as provided in this ordinance may be issued
upon a finding by the Board of Supervisors that such use will not be of substantial detriment to
adiacent property,
The proposed tower will be located approximately 18 feet from the property line shared with the
1-64 right of way, within a 1600 square foot site that requires no tree clearing. The site is
surrounded by mature trees that are adjacent to the right-of-way boundary ofI-64. The surveyed
heights of the trees within 25 feet of the proposed tower range between 40 and 52 feet. No
lighting is being proposed for the tower, and. Therefore, staff does not anticipate that it will be
highly distinguishable from the other Rural Areas properties in the area, as the tower is expected
to be a minor feature that blends into the existing landscape.
~
The applicant's request indicates that once the tower has been constructed and is fully
operational, Triton service personnel will travel to the site approximately once a month for
routine maintenance and service visits. It is anticipated that some unscheduled visits will be
necessary on occasions when electrical power to the site is interrupted by weather or other
unexpected factors. However, staff does not expect this schedule of site visits to create a
significant increase in activity or traffic within the subdivision.
Based on the above-cited factors, staff finds that the proposed tower will not be of substantial
detriment to adjacent property.
4,
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that the character of the district will not be changed thereby,
There are various above ground utilities located along the main road in this area, including
several wooden utility poles that are similar in color and construction to the pole proposed for
this facility, but are directly adjacent to the public roads. Unlike those more common power and
telephone line poles, construction of this tower is proposed in a wooded area and accessed from a
private road. This has been a favored approach in the County's attempt to site wireless facilities
in areas where they will have limited visual impacts on the surrounding area, and it is also a key
component of the Wireless Design Policy. Therefore, staff finds that the existence and visibility
of this facility will not result in a change in the character of the district.
and that such use will be in harmony with the purpose and intent of this ordinance,
Staff has reviewed the purpose and intent of the Zoning Ordinance as stated Sections 1.4, 1.5,
and 1.6 with particular reference to Sections 1.4, 1.4.4, and 1.5. All of these provisions address,
in one form or another, the provision of public services. Mobile telephones clearly provide a
public service as evidenced by the expanded and rapid increase in use. Based on the provision of
a public service, staff opinion is that this request is in harmony with the purpose and intent of
these sections ofthe Ordinance. Section 1.4.3 states as an intent of the Ordinance, "To facilitate
the creation of a convenient, attractive and harmonious community". The provision of this
facility does increase the availability and convenience for us.ers of wireless phone technology. .
~ Due to the location of this facility within the Entrance Corridor Overlay District, Architectural
Review Boards review of the plan for the tower site was required. The ARB has granted
approval of this proposal with conditions that are meant to limit the visual impact and promote
the purpose and intent of Section 30.6.1 of the Zoning Ordinance.
Staff opinion is that this request complies with this provision of Section 31.2.4.1 of the
Ordinance.
with the uses permitted by right in the district,
The proposed tower will not restrict the current uses or by-right uses on any other property within
the district. The proposed conditions will limit tree cutting on this site in order to maintain the
screening of the facility. While this condition will limit some of the use of the property, it may
be considered with the Comprehensive Plan, Open Space Plan and the purpose and intent of the
Zoning Ordinance that this condition will, insure the retention of tree cover in an Important
Wooded Area along the Entrance Corridor.
with additional re~lations provided in Section 5.0 of this ordinance,
Section 5.1.12 of the Ordinance contains regulations governing tower facilities and appropriate
conditions are proposed to ensure compliance with this provision of the Ordinance.
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5
and with the public health, safety and general welfare.
The provision of increased communication facilities may be considered consistent with the
public health and safety and general welfare by providing increased communication services in
the event of emergencies and increasing overall general communication services. The
Telecommunications Act addresses issues of environmental effects with the following language,
"No state or local government or instrumentality thereof may regulate the placement
construction, and modification of personal wireless service facilities on the basis of the
environmental effects of radio frequency emissions to the extent that such facilities comply with
the Commissions' regulations concerning such emissions". In order to operate this facility, the
applicant is required to meet the FCC guidelines for radio frequency emissions. This
requirement will adequately protect the public health and safety.
B. Section 704(a)(7)(b)(I)(Il) of The Telecommunications Act of 1996:
The regulation of the placement, construction and modification of personal
wireless facilities by any state or local government or instrumentality thereof shall
not prohibit or have the effect of prohibiting the provision of personal wireless
servIces.
Neither the Comprehensive Plan nor the Zoning Ordinance prohibits the provision of personal
wireless service. Staff does not believe that the special use permit process or the denial of this
application has the effect of prohibiting the provision of personal wireless service. The applicant
has not demonstrated that there are any other locations within the proposed area of service
currently available for new tower construction. For this reason, staff does not believe that denial
of this application would have the effect of prohibiting the provision of services.
~
Prior to development of the County's Wireless Policy, which is currently under consideration'for
adoption, opportunities for collocation on existing towers were recommended as an alternative to
the construction of new facilities. However, it is staffs opinion that collocation may, in some
cases, have the undesirable effect of requiring greater tower heights and an increased visibility of
existing facilities. Therefore, staff review of this proposal has largely been based on the
applicant's ability to demonstrate that compliance with the guidelines of the Wireless Policy
manual is possible. Alternate sites for the construction of a new tower have not been discussed.
Waiver of a site plan in accord with the provisions of Section 32.2.2 of the Zoning Ordinance.
The Commission may waive the drawing of a site plan if requiring a site plan would not forward
the purpose of the ordinance or otherwise serve the public interest. Generally the site review
committee has endorsed the use of site plan waivers for the establishment of telecommunication
facilities. This general endorsement is based on the relatively small area impacted by the
proposed use and the ability to obtain the required information through an erosion and sediment
control plan and the building permits. In this case the construction of the facility will require
activity construction of a service road, connection of utilities which are currently on site, and the
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6
~
placement of the tower and ground equipment. Ba~ed on the minimal activity necessary for
installation staff is unable to identify ariy"purpose, which would be served by requiring the
submission of a site plan. Staff recommends approval of a full site plan waiver subject to the
following conditions:
1. Provision of one parking space;
2. The plan shall show the edges of gravel. and width of the proposed service road extension.
SUMMARY:
Staffhas identified the following factors, which are favorable to this request:
1 . The tower will provide increased wireless capacity, which may be considered consistent
with the provisions of Sections 1.4, 1.4.4 and 1.5;
2. The tower will not restrict permitted uses on adjacent properties;
3. The design and siting of the tower is such that it will have limited impact on adjacent
property and public roads,
4. Access to the tower will be provided from a graveled service road extending from the
existing private road.
Staffhas identified no factors which are unfavorable to this request:
The following factors are relevant to this consideration:
~
1.
2.
There is an existing reasonable use of the property; and,
This proposal may not be considered to be contributing to an "attractive community" as
outlined in Section 31.2.4.1 of the Zoning Ordinance.
Staff opinion is that this request generally complies with the provisions of the Ordinance and is
not in conflict with the Comprehensive Plan '
RECOMMENDED ACTION:
Staff opinjon is that while this site is located within resource areas identified by the Open Space
Plan of the Comprehensive Plan, the design and of the facility, combined with the presence of
existing trees reduce the impacts such that approval would not be inconsistent with the goal of
protecting the resources. Therefore, staff recommends approval subject to the following
conditions:
(In the event that the Board chooses to deny this application staffoffers the following comment:
In order to comply with the provisions of the Telecommunication Act, staff request consensus
direction from the Board regarding the basis for denial of the application and instruction to staff
to return to the Board with a written decision for the Board's consideration and action.)
~
7
Recommended conditions of approval:
~,
1. The tower shall comply with the following conditions of the certificate of
Appropriateness:
a. l'Jeither, the height of the wooden monopole nor the antennas shall exceed 50 feet.
The applicant shall provide a certified statement on the height ofthe tower.
b. Only flush mounted, panel type antennas shall be used. No antennas that project
out from the pole shall be approved.
c. There shall be no option to co-locate other facilities on this pole.
2. The applicant shall provide a certified statement on the height of the tower.
3. The tower shall be designed, constructed and maintained as follows:
a. The tower shall not be painted and shall be natural wood color;
b. Guy wires shall not be permitted; and,
c. The tower shall have no lighting;
4. The tower shall be located on the site as follows:
a. The tower shall be located as shown on the attached plan entitled "Triton PCS,
INe. CV -R-336-G Union Run".
5. Antennas may be attached to the tower only as follows:
a. Antennas shall be limited to those shown in a plan titled "Triton PCS, INC. CV-
R-336-G Union Run".
b. Satellite and microwave dish antennas are prohibited.
6. Each outdoor luminaire shall be fully shielded such that all light emitted is projected
below a horizontal plane running though the lowest part of the shield or shielding part of
the luminaire. For purposes of this condition, a luminaire is a complete lighting unit
consisting of a lamp or lamps together with the parts designed to distribute the light, to
position and protect the lamps, and to connect the lamps to the power supply. Outdoor
lighting shall be limited to periods of maintenance only;
7. Prior to beginning construction or installation of the tower or the equipment building, or
installation of access for vehicles or utilities, a tree conservation plan developed by a
certified arborist, specifying tree protection methods and procedures and identifying any
existing trees to be removed on the site outside the access easement and tower lease area,
shall be submitted to the Director of Planning and Community Development for approval.
All construction or .installation associated with the tower and equipment building,
including necessary access for construction or installation, shall be in accordance with
this tree conservation plan. Except for the tree removal expressly authorized by the
Director of Planning and Community Development, the permittee shall not remove
existing trees within seventy-five (75) feet ofthe tower and the equipment building;
8
8. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the
lease area shall not be required;
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9.
The tower shall be disassembled and removed from the site within ninety (90) days of the
date its use for wireless telecommunications purposes is discontinued;
10. The permittee shall submit a report to the zoning administrator once per year, by not later
than July 1 of that year. The report shall identify each user of the tower and shall identify
each user that is a wireless telecommunications service provider;
11. No slopes associated with construction of the tower and accessory uses shall be created
that are steeper than 2: I unless retaining walls, revetments, or other stabilization
measures acceptable to the County Engineer are employed;
12. The access road shall be built with side slopes on cut and fill slopes at 2: 1 or flatter; and,
13. The access road shall disturb no more than 751 in cross section.
Should the Planning Commission support a waiver of the requirements of a site plan the Planning
Commission only must take the following action in order to authorize a site plan waiver.
A waiver of the drawing of a site plan has been granted in accord with the provisions of Section
32.2.2. subject to the following conditions:
,....,
1.
Approval of an erosion and sediment control plan prior to the issuance of a building
permit;
Provision of one parking space;
2.
Should the Planning Commission support a reduction in setback, the Planning Commission only
must take the following action in order to permit the tower as requested by the applicant:
A modification of Section 4.10.3.1 has been granted to allow location of the tower as shown a
plan titled "Triton PCS, INC. CV-R-336-G Union Run".
A TT ACHMENTS:
A - Applicant's Original Request for Special Use Permit
B - Amended Request (July 5,2000)
C - Site Information "Triton PCS, INC. CV -R-336-G Union Run" (revised June 23, 2000)
D - Tax Map
E - Topographic Map Section
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9
hVl5RICAN
TOW5R
ATTACHMENT A
PAGE 1
~
C 0 l"l P (.) R. /-" T , (.) N
9211 Arboretum Parkway, Suite 200
Richmond, Virginia 23236
Phone: (804)323-9500
Fa.x: (804) 323-4058
STA TElVIENT OF INTENT
American Tower, L.P" ("American Tower"), hereby requests approval of its
application to construct, maintain, and manage a wireless service facility at the
property owned by Ray A. Graham, III at 2987 Edgehill Drive, Charlottesville,
Virginia 22911.
This particular site was selected in response to a request by Triton PCS,
Incorporated. Triton operates a Personal Communication Service (PCS) system,
providing the latest in wireless communications throughout the Southeast. Triton
PCS, Inc. and AT&T Digital PCS have undertaken a joint venture to expand the
AT &T digital personal communications service (PCS) network to over 11 million
people in Virginia, South Carolina, North Carolina and Georgia. Triton is now a
member of the AT&T Digital Wireless Network, which is licensed to cover more
than eighty perceI1t of the United States, AT&T Digital PCS provides convenient
and secure mobile communications, combining voice, messaging, and paging
communications in a single phone,
~.
Proposal
Triton PCS entered into a lease agreement with the property owner for a 40' x 40'
lease area. The proposed wireless service facility will be comprised of a small
equipment cabinet located within the lease area containing an 65' self-supporting
wood pole structure and the necessary transmitting/receiving equipment. The
facility will be accessed by an easement loc~ted off of Route 22. The facility will
emit no noise. glare or odor, Further, it will not interfere with television and radio
reception in the surrounding areas. The closest airport is the Charlottesville-
Albemarle Airport located 8.22 miles away:, The facility will not be lit, unless
required by the F :\,A.. \Ve do not anticipate that the tower will be required to be lit
due to its low height,
10
ATTACHMENT A
PAGE 2
Site SelectionlDesif!n
,.,.......
American Tower has assisted virtually every wireless provider in the country with
its infrastructure development and is acutely aware of the associated requirements.
The process of developing these systems is similar to cellular development in that
the Basic Trading }\rea ("BTA") regions are subdivided into small geographic
sections or "cells". Each cell site holds the equipment that provides the air
interface to the subscriber units and must be precisely located relative to other
"cells" creating a communication grid system. This grid system must reflect the
topography and traffic (user population and building density) of the "cells" as well
as the radius of the respective antenna's reliable transmission area.
American Tower carefully selected and designed the proposed facility to provide a
structure that provides adequate height and range of coverage for Triton PCS, and
meets the goals of the community. Furthermore, the services provided will enhance
the general welfare. For example, (a) over 50,000 "911" calls are made from
wireless phones every day; (b) new mobile data terminals give police officers
instant access to information needed for critical decisions; and (c) wireless phones
are vital during times of emergency when traditionallandline phones are not
available or in cases of power failure, The proposed use will ensure that the
permitted use developments will have adequate access to necessary communication
servtces,
r"" Collocation
Following our staff's thorough investigation of the properties in the geographic
area, we have concluded that there are no existing structures within a reasonable
distance ,of the location that is feasible for collocation and would also meet
Triton's engineering requirements.
Coverafle Ob;ective
Triton's FCC license requires it to operate its system in a defined service region
using designated radio.frequencies. .Each site must be precisely located relative to
other sites, Triton's system must reflect the contou'rs and topography of the area
and the radius of the antenna's reliable transmission, The subject site was carefully
selected in order to have minimal impact an adjacent or nearby properties.
Triton's network dictates that a site be at this location to avoid a gap in their
service to this area of Albemarle County,
~'
As outlined above, this particular site was acquired to allow Triton pes to develop
the infrastructure necessary to provide adequate coverage to this area of Virginia.
A serious gap in service would be created without the development of the subject
facility, specifically along US Route 250, State Route 22 and Interstate 64 east of
11
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-,,,,
ATTACHMENT A
Charlottesville. Propagation maps reflecting the coverage objectives, prepared
Triton PCS Radio Frequency engineers, are attached.
PAGE 3
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ZoninJ! MeritslComvliance
The subject property is in a Rural Area District and an Entrance Corridor Overlay
District. The surrounding properties within 2000' of the proposed facility are
primarily used for rural residential and agricultural purposes. The adjacent
property to the south across State Route 22 is zoned commercial and used for a
Citgo service station (the "Shadwell Store"). The tract ofland on which the site is
located is approximately 866 acres in size. The facility is located on a smaller
portion of the tract that has been separated from the larger portion by Interstate
64.
As an 65' wood pole, the facility is compatible with the adjacent properties and
will not have adverse effects on these properties. The wooden pole has been
situated on the parcel in order to blend the facility in with the existing woods on
.'the property. The facility has been placed between 1-64 and the wooded portion of
the property, approximately 26 feet from 1-64 and approximately 390 feet from
State Route 22. This allows the woods to serve as a backdrop, and will allow
construction and access without removal of any trees. Three medium sized cedars
will be relocated to allow room for the access easement
The proposed facility is in harmony with the intent of the Albemarle County zoning
ordinance and with the standards for Personal Wireless Service Facilities as
delineated in the County's purposed "Wireless Design Manual." Albemarle
County promotes the use of wood pole structures that blend with the existing tree
canopy. As previously stated, the placement of the facility also allows the existing
woods to remain undisturbed. The proposed use is not inconsistent with the
permitted uses in the rural agricultural district. The proposed wood pole is the
exact style as other utility poles currently in the area. Once constructed, the
facility will be visited approximately one time per month for routine maintenance
checks, This facility will not interfere with the television and radio reception in the
surrounding area and will not have any impact on the provision of services by
Albemarle County or nearby towns, As a telecommunications site, this proposal
will serve that community by fostering increased communications, especially
emergency communications.
~,
!vlost importantly, this facility will be nearly invisible from Interstate 64, State
Route 22, V,S, Route 250, and all nearby residences and businesses, Because the
facility will extend only lO feet above the tallest tree in the area, only the antennas
will be visible, In addition, the antennas will be flush-mounted against the pole,
and will not extend beyond the top of the pole. Triton will add additional
landscaping to the existing vegetation to further shield the tower base and
equipment cabinets from view.
12
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ATTACHMENT A
PAGE 4
In conclusion, American Tower, L. P., respectfully requests approval of this
application. If there are any questions concerning this application, please contact
our representative Valerie W, Long at (804) 977-2545,
Sincerely,
Jaymar Joseph
Zoning Representative
American Tower Corporation
\\REAI2 [841.1
13
ATTACHMENT A
PAGE 5
Section 31.2.4.1 of the Albemarle County Zoning Ordinance states that. "The board of supervisors
hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use
permits for uses as provided in this ordinance may be issued upon a finding by the board of supervisors
that such use will not be of substantial detriment to adjacent property. that the character of the district
will not be changed thercby and that such use will be in harmony with thc purpose and intent of this
ordinance. with-the uses permitted by right in the district. with additi9nal regulations provided in section
5.0 of this ordinance, and with the public health, safety and general welfare.
The items which follow will be reviewed by the staff in their analysis of your request. Please complete
this form and provide additional information which will assist the County in its review of your request.
If you need assistance filling out these items. staff is available.
What is the Comprehensive Plan designation for this property? Rural
How will the proposed special use affect adjacent property? The proposed 6.5 I wood pole will not adversely
affect adjacent prop:rty, as the ~le and antennas will be only 10' above the tallest
tree in the area, and will be virtually. invisible. fram adjacent property and nearby
roads .
How will, the proposed special use affect the character of the district surrounding the property?The proposed facility
is consistent with the existing rural developrent in the area ~ince it will not generate
/~
additional traffic or developrent, and preserves the rural character of the area. 'n
minimal visibility will not be deti':bnental to adjacent property.
How is the use in harmony with the purpose and intent of the Zoning Ordinance?
The proposed facility is oonsistent with the County I S preference for wood pole
structures, ,.fuich extend slightly above the treetops.
H . h . I 'th h ' db' h' h d' . ? The proposed tower will not restrict
. ow IS t e use m larmony WI t e uses permltle y ng tlO t e Istnct.
the current uses or other by-right uses available at this site or by-right uses on any
other property.
What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use?
Section 5.1,12
. How will this use promote the publie health, safety, and general welfare of the community? The proposed facility
will provide increased and improved ,meless services to this portion of Albemarle
County, especially emergency comnunications, and will increase overall ccmnunication
services.
14
ATTACHMENT A
PAGE 6
Describe your request in detail and inclu~~all pertinem information such as the numbers of persons
involved in the use, operating hours, and any unique features of the use: The proposed facility
~. l<1ill not generate noise or traffic, the facility will be visited . approximately
one time per nonth for routine maintenance checks.
ATTACHMENTS REQUIRED - provide two(2) copies of each:
~
1.
Recorded plat or boundary survey of the property requested for the rezoning. If there is
no recorded plat or boundary survey, please provide legal description of the property and
the Deed Book and page number or Plat Book and page number.
o
2.
Note: If you are requesting a special use permit only for a portion of the property, it
needs to be described or delineated on a copy of the, plat or su~veyed drawing.
Ownership information - If ownership of the property is in the name of any type of legal
entity or organization including, but not limited to, the name of a corporation, partnership
or association, or in the name of a trust, or in a fictitious name, ~ document acceptable to
the County must be submitted certifying that the person signing below has the authority
to do so.
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If the applicant is a contract purchaser, a document acceptable to the County must be
submitted containing the owner's written consent to the application.
If the applicant is the agent of the owner, a document acceptable to the County must be
, ,
submitted that is evidence of the existence and scope of the agency.
OPTIONAL ATTACHMENTS:
~ 3.
jiQ 4.
Drawings or conceptual plans, if any.
Additional Information, if any.
I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in
filing this application. 1 also certify that the information provided is true and accurate to the best of my
knowledge.
:9t~
natu
:3 );;.u/OO
Date
"....,.
- ----
...J4r'M. ;Jos~ ~
Printed Name
(8t11}3).3 - qS'a:> fix!, 2S2.
Daytime phone number of Signatory
15
ATTACHMENT B
MCGumEWooDS
BATTLE &BoaIHELLP
PAGE 1
~'"
Court Square Building
Post Office Box 1288
Charlottesville, Virginia 22902-1288
Telephone/TDD (804) 977-2500 · Fax (804)980-2222
Valerie W. Long
vwlong@mwbb.com
Direct Dial: (804) 977-2545
Direct Fax: (804) 980-2265
July 5, 2000
VIA HAND DELIVERY
RECEIVED
Mr. Stephen Waller
Planner
Albemarle County Dept. of Planning
& Community Development
401 McIntire Road, Rm. 218
Charlottesville, VA 22902
JUL 0 s 2000
?i.ANNING Ai'lL
~OMMUNITV nEVELOPMEN
Re: SUP 2000~018: Triton PCS. Inc ~ CVR 336- ("Union Run")
Dear Stephen:
~,
Enclosed for your review, consideration and placement in the record for SUP 2000-018 is
a revised set of zoriing and construction drawings for Triton PCS' s proposed wireless
telecommunications facility known as CVR 336 "Union Run." As you will note, the enclosed
drawings contain a "bird's-eye-view" of the trees surrounding the proposed facility, and
indicates the height of those trees. The surveyor was not able to accurately measure all of the
trees within the 25' radius, but has shown the location and height of all those trees for which he
is confident of the height. The drawings also show a revised pol~ height of 50' (down from
initial requests of65' and 55') to further minimize the visibility of the proposed facility. As the
enclosed drawings indicate the presence of trees near the proposed pole at heights of 52', 48',
43', and 40', I am hopeful you will agree that this application merits your suppon.
In addition, you will note that in response to .the comments ofVDOT, and as suggested by
VDOT, we have relocated the access easement to run along the fence line of the property in a
westerly direction extending to the private road which serves as the entrance to Edgehill Farm,
Should you have any questions or comments regarding the enclosed drawings, please do
not hesitate to contact me at 977-2545. I appreciate your assistance with our application, and
will look forward to working with you in the coming weeks,
Very truly yours,
V~~ uJot~
Valerie W, Long
~
www.mwbb.com
)lAlY . ArwrI:\ . BAlJ1MORE . BRVSSElS . CHARLOTTE . Clwu.OT\'FS\'lllE' cmCAGO' JACKSON'vlllE . Moscow . NORFOLK . RiCHMom> . l'YsoNS COR'IER . W ASHINGTO~ . URICH (OF CoC:\SEl)
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ATTACHMENT B
July 5,2000
Page 2
PAGE 2
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Enclosures
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August 8, 2000
Katurah Roell
Virginia Land Company
195 Riverbend Drive
Charlottesville, VA 22911
RE: SP-00-025 Woolen Mills Warehouse; Tax Map 77, Parcel 40R'
Dear Mr. Roell:
I"""
The Albemarle County Planning Commission, at its meeting on August 1, 2000, unanimously
recommended approval of the above-noted petition to the Board of Supervisors, Please note
that this approval is subject to the following conditions:
1. Albemarle County Engineering approval of an Erosion and Sediment Control Plan;
2. Water quality measures shall be provided subject to the approval of the Water
Resources Manager,
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on August 16, 2000. Any new or additional
information regarding your application must be submitted to the Clerk of the Board of
Supervisors at least seven days prior to your scheduled hearing date,
The Commission also approved a request for cooperative parking associated with SP-00-025.
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
Sincerely,
C;;J~
Eric L. Morrisette, AICP
Senior Planner
,1"""""\
Cc:
Ella Carey
Steve Allshouse
Amelia McCulley
Bob Ball
Jack Kelsey
BOARD OF SUPERVISORS
~
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
ERIC L. MORRISETTE, AICP
AUGUST 1, 2000
AUGUST 16,2000
SP 00-025 WOOLEN MILLS WAREHOUSE
SDP 00-058 WOOLEN MILLS WAREHOUSE-MAJOR AMENDMENT
APPLICANT'S PROPOSAL:
The applicant is proposing to construct one warehouse totaling approximately 4,000 square feet.
Attachment A is a reduced copy of the site plan.
PETITION:
SP 00-025 Woolen Mills Warehouse
Virginia Land Trust petitions the Board of Supervisors to amend SP 97-039 for additional fill
[Approximately 2,400 square feet] in the 100 year Floodplain of Moore's Creek [Section
30.3.3.2. ofthe Zoning Ordinance] to accommodate an altered warehouse site and a stormwater ~
management facility (Attachment C). The 7.903 acre site is zoned LI, Light Industry, and will be
used as an Albemarle Housing Improvement (AHIP) construction warehouse. This property,
described as Tax Map 77, Parcel40R, is located on the south side of Franklin Street, between the
Charlottesville City Limit and Moore's Creek (Attachment B). This property is located in the
Scottsville Magisterial District and is recommended for Industrial Service in Neighborhood 4.
Attachment A is a copy of the preliminary site plan.
SDP 00-058 Woolen Mills Warehouse Major Amendment Modification to Allow for
Cooperative Parkin2
Virginia Land trust petitions the Planning Commission to grant a modification to allow for
cooperative parking [Section 4.12.4 of the Zoning Ordinance] (Attachment D). The property is
described above.
CHARACTER OF AREA:
Staff notes that at the time of the original application [SP 97-039] the land has no &tructures. The
land has since been divided into two parcels, Parcel 40 and Parcel 40R. No changes are proposed
to parcel 40.
Parcel 40 is occupied by a recently constructed warehouse/office. In order to construct the
warehouse, the Board of Supervisors granted a special use permit [SP 97-039] to allow for
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minimal fill in the floodplain of Moore's Creek. The total fill area amounted to 2,200 square
feet, as shown on the plan.
Parcel 40R is undeveloped. The petition seeks to alter the previously approved building location
on Parcel 40R and to install a new stormwater management basin. The building will be used as
an AHIP construction warehouse. The additional fill in the floodplain will amount to only 2,400
square feet, as shown on the plan. The area of fill will be around the building foundation and in
the area of the stormwater basin.
The property entrance is directly off of Franklin Street and directly off of an access easement
serving the Rivanna Water and Sewer Authority. Moore's Creek flows along the southern
boundary ofthe site and the United States Army Corps of Engineers has mapped the flood plain.
The property is located on the southeast side of Franklin Street, approximately 600 feet south of
Broadway Street (Attachment B). The property is located between the Charlottesville City
Limits~ to the north, and Moore's Creek, to the south. The site is adjacentto the residential
mobile home park located to the north in the City of Charlottesville. The Rivanna Water and
Sewer Authority property, zoned LI, is adjacent to the south and southeast. Vacant adjacent
industrial property, zoned LI, is located to the west and east.
COMPREHENSIVE PLAN:
~\
This area is recommended for Industrial Service in Neighborhood 4. Warehouses are a listed use
in Industrial SerVice Areas. This proposal is consistent with the Comprehensive Plan.
OPEN SPACE AND CRITICAL RESOURCES PLAN:
This area is classified as a Major and Locally Important Stream Valley. Staffnotes that clearing
and grading has already occurred in the subject area as a result ~f constructing the first building.
Furthermore, because this area has been subject to prior filling and the intrusion into the stream
. valley is limited, staffhas determined that this proposal will not result in a loss of aesthetic value.
PLANNING AND ZONING HISTORY:
SP 97-039 Virginia Land Trust - The Planning Commission recommended approval on
September 16, 1997 for fill in the floodplain of Moore's Creek to establish 2 warehouses. The
Board of Supervisors granted unanimous approval on October 8, 1997. The approved fill area
was approximately 2,200 square feet, as shown on the plan. The fill was necessary to establish
the first building, which has been constructed.
SDP 97-086 Woolen Mills Warehouse Preliminary Site Plan - The Planning Commission
unanimously approved waivers of stormwater detention and to allow grading of critical slopes on
September 16, 1997. Planning Staff subsequently approved the preliminary plan.
",....., ,
2
downstream. It has also been determined than "The proposed fill is very small in comparison to
the total channel and overbank cross section of Moore's Creek. For this reason, and because
flood levels are controlled by downstream conditions as discussed above, the proposed fill will
not significantly affect flood levels". Therefore, the Engineering Department recommends
approval of this request.
.~
Staff notes that the owner ofthe recently constructed warehouse on Tax Map 77, Parcel 40 has
contacted the Planning Department and has expressed concern of adverse impact to their
property. The Engineering Department has noted that this".. . special use permit application will
be modified by 2,400 square feet of fill". .. which "...is very similar to the 2,200 square feet of
fill for the adjacent Woolen Mills property [Tax Map 77, Parcel 40]". Planning Staff supports
engineering's analysis and also concludes that the amount offill is very small and will have
minimal impact to any adjacent properties. However, Planning Staffhas discussed such
concerns with the applicant and the applicant has agreed to balance the fill area by removing
equal amount of soil [cutting] from the floodplain. Such action should have a zero-effect on any
flooding on adjacent properties. Staff notes that removal of soils would disturb wetland areas,
which is not desirable, especially since the amount of fill is small in area. However, should the
Board of Supervisors favor such removal of soil, the Conditions of Approval must be altered to
allow for such activity.
The analysis of the criteria under Section 31.2.4.1 of the Zoning Ordinance is provided by
Planning Staff through the review of Section 30.3 of the Zoning Ordinance [Flood Hazard
Overlay District]. The intent ofthe Flood Hazard Overlay District [Section 30.3.1 of the Zoning ~
Ordinance] is attached as Attachment F. It states "These provisions are intended to restrict the
unwise use. . . which may result in: danger to life and property; public costs for flood control
measures and/or rescue and relief efforts; soil erosion, sedimentation and siltation; pollution of
water resources; and ,general degradation natural and man-made environment". The Engineering
Department review has revealed no substantial detriment to life, property, and public costs for
flood control. An Erosion Control Plan will be required, addressing erosion, siltation, and
sedimentation (Condition 1). Pollution of water resources will be reviewed by the Water
Resources Manager (Condition 2).
Planning Staff agrees with the Engineering Department's interpretation that the proposed fill will
be insignificant, because [1] the flood elevation is controlled by the confluence ofthe Rivanna
River just downstream and [2] the proposed fill is very small in comparison to the total channel
and overbank cross-section of Moore's Creek. Planning Staff also supports the establishment of
a stormwater basin, which had earlier been waived by the Board of Supervisors with SP 97-039.
Planning staff additionally finds this proposal to be consistent with the provisions of Section 30.3
of the Zoning Ordinance.
Recommended Action:
Staff recommends approval to allow for grading within the flood plain of Moore's Creek, with
the following conditions:
"~
4
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SDP 98-032 Woolen Mills Warehouse Final Site Plan - Planning Staff signed the site plan on
March 12, 1998 to allow for construction of both warehouses. Only one has since been
constructed.
REASON FOR PLANNING COMMISSION REVIEW:
Filling in a flood plain associated with this proposal requires special use permit approval by the
Board of Supervisors [Section 30.3.3.2 of the Zoning Ordinance]. In accord with Section 4.12.4
of the Zoning Ordinance the Commission must act on the applicant's request for a modification a
waiver to allow for cooperative parking [Section 4.12.4 of the Zoning Ordinance].
STAFF COMMENT:
Staffwill comment on the special use permit and site plan separately.
SP 00-025 Woolen Mills Warehouse
Recommendation:
Staffhas reviewed this request for compliance with the provisions of Section 31.2.4.1 of the
Zoning Ordinance and recommends approval subject to conditions.
~ Staff Analysis:
The applicant is requesting to grade in the Moore's Creek 100-year flood plain to allow for a
revised building site and a stormwater management basin. Staff notes that the Planning
Commission originally granted a waiver of storm water detention with review ofSP 97-039. The
revised building location better accommodates a stormwater facility and is therefore being
proposed with this application. No structures are proposed to be constructed within the flood
plain.
The applicant's application is attached as Attachment C. The request is to ".. .put a water quality.
pond in the floodplain, plus grading around the building." The applicant's request and
justification is attached as Attachment D. The filling will raise the comer of the building
elevation to 326 feet, one foot above the floodplain. The applicant states that no building
improvements will be in the area of floodplain and that such grading is necessary to "... create a
reasonable grade at the edge of the parking lot and provide for a BMP pond at the edge of the
floodplain, disturbing the least amount of area possible". The applicant has noted that, "Due to
the limited area in front of the existing building and the slope of the topography, we have
designed the site to be as efficient as possible and still provide the necessary parking spaces and
travelway as required by the zoning ordinance necessary for AHIP's operation"
The Engineering Department has reviewed this request in accordance with Section 30.3.3.2 of
the Zoning Ordinance (Attachment E). The Engineering Department has determined that the
1"""", Moore's Creek flood elevation is largely controlled by the confluence ofthe Rivanna River just
3
Recommended Conditions of Approval:
~
1. Albemarle County Engineering approval of an Erosion and Sediment Control Plan; and,
2. Water quality measures shall be provided subject to the approval of the Water Resources
Manager.
SDP 00-058 Woolen Mills Warehouse Major Amendment Modification to Allow for
Cooperative Parkinl:
The Site Review Committee is able to grant administrative approval to the major site plan
amendment SDP 00-058, subject to Planning Commission approval of Cooperative Parking.
Modification to allow Cooperative Parking:
The site plan design requires that parking for the proposed building be shared with the parking
for the existing building (4.12.4). The parking arrangement proposed is substantially in keeping
with that shown on the approved final site plan for the existing warehouse, with the exception of
an entrance to serve additional parking on the northeast side of the proposed building. That
entrance is located near the main entrance to the site(s), and does not appear to cause any
conflicts with traffic circulation within the site. No proposed or existing spaces are in excess of
five hundred feet from the building that it serves (4.12.3.4.b). Section 4.12.4 states "The amount
of such combined space shall be equal to the sum of the amounts required for the separate uses". .~.,
Under the submitted plan, this appears to be the case. The Planning Staff recommends approval
of this request.
Recommended Action:
Staffhas reviewed this request for compliance with the provisions of the Zoning Ordinance and
recommends approval ofthe co-operative parking [Section 4.12.4 ofthe Zoning Ordinance].
ATTACHMENTS:
A - Site Plan
B - Tax Map
C - Applicant's Special Use Permit Application
D - Applicant's Request and Justification for Fill in Floodplain
E - Engineering's Comments Dated July 7, 2000
F - Sections 30.3 and 30.3.1 ofthe Zoning Ordinance
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RIVANNA AND
SCOTTSVILLE DISTRICTS
SECT ION 77
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9
A TT ACHMENT B
County of Albemarle .:. Department of Building Code and Zoning Services
OFFICE USE ONLY . t""" . .
SP# cY(){)O~:JTMP ~.:l,:L Q..CL -.c:LCL -0 '.(L - .Q.::f 1:1 &Q
~~ Sign# . li5'., MagOi,,-' S~ v,/k.( Staff 0", 5 -i-Oo .
Application for Special Use Permit
Woo lot.., IYl t'I (.r
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ATTACHMENTC
Lw ell Y't ho.....r e-
Project Name (bow should we n:Ccr LOU;~ applicalion7)
.Existing us~ \la' ( a~
.Zoning District W
(*staff will assist you with these items)
Number of acres to be covered by Special Use Permit (If D portion It must be delinc:>ted on plat)
Proposed Use
,Qfficft
Wctf"C "Q(..\r~
*Zoning Ordinance Section number requested
8: 6'tf.J" (U~r
Is this an amendment to an existing Special Use Permit?
Are you submitting a site development plan with this application?
~esO No
)(YesDNo
I ,OJ I) 3 aA.AO:::J
Contact Person (Whom should we call/write concerning this project?): 0 ~ 1/
Address /1; R ,'~"bL~ Or City C I,Qr{.f{,..."r'{~ State VA- Zip 2L 906
Daytime Phone (~04 ) g-? l - S' 7 7 7 Fax #ro~ - 2.. c:r (' ...1.$', 0 E-mail
Owner of land (As listed in the County's records):
1/ r',..#J)'H'.... Lc; "t d
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C. W, H.....r(- """~sht
Aqdress
SA-I1F
State
Zip_/-----
City
Daytime Phone ( 8"o'f) .<:1 70; - PI? I Fax #
E-mail
Applicant (Who is the contact person representing? Whois requesting the special use?):
SA-fVlt;"
c. ~ Hu.rf
Zip
State
Address
City
Daytime Phone ( _ )
Fax #
E-mail
Taxmap and parcel ~ y h1t'Ol,/J 77 / po.l'("'t.! 4of?. Physical Address (if assigned)
Location of property (landmarks, intersections. or other)
Does the owner of this property own (or have any ownership interest in) any abutting property? If yes, please list
thos~iax map and parcel numbers No
OFFICE USE ONLY
Fee amount $ .,W
o Special Use Pcrmits:
Datepaid~Check# 1c.f4:J.-. Receipt # /3IJKh BYS~~
o ZMAs and Proffers:
History:. ~
f.M ~;,
o Variances:
o Lctter of j.uthorization
DYes ~o
10
Concurrent review of Site Development Plan?
401 McIntire Road .:. Charlottesville. VA 22902 .:. Voice: 296-5832 .:. Fax: 972-4126
/""",
Section 3 1.2.4.1 of the Albemarle County Zoning Ordinance states that, "The board of supervisors
hereby reserves u~to itself the right to issue all specIal use permits permitted hereunder. Special use
permits for uses as provided in this ordinance may be issued upon a finding by the board of supervisors
that such use will not be of substantial detriment to adjacent property, that the character of the district
will not be changed thereby and that such use will be in harmony with the purpose and intent of this
ordinance, with the uses permitted by right in the district, with additional regulations provided in section
5.0 of this ordinance, and with the public health, safety and general welfare.
A TT ACHMENT C
The items which follow will be reviewed by the staff in their analysis of your request. Please complete
this form and provide additional information which will assist the County in its review of your request.
If you need assistance filling out these items,' staff is available.
How will the proposed special use affect adjacent property?
L ? ~ f .JnJ.v.itvJ., J
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What is the Comprehensive Plan designation for this property?
How wiII the proposed special use affect the character of the district surrounding the property?
.5) M ; 1t1/ v- /''7
Use.
~.
How is the use in harmony with the purpose and intent of the Zoning Ordinance?
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What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use?
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How will this use promote the public health. safety. and general welfare of the community?
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Describe your request in detail and include all pertinent information such ~ the numbers of persons
involved in the use, operating hours, and any unique features of the use: NotA"-$" ~ 7c'(Jo~,"" -?;'q,
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ATIACHMENTS REQUIRED - provide two(2) copies of each:
~1.
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A TT ACHMENT C
Recorded plat or boundary survey of the property requested for the rezoning. If there is
no recorded plat or boundary survey. please provide legal description of the property and
the Deed Book and page number or Plat Book and page number.
2.
Note: If you are requesting a special use permit only for a portion of the property, it
needs to be described or delineated on a copy of the plat or surveyed drawing.
Ownership information - If ownership of the property is in the name of any type of legal
entity or organization including, but not limited to, the name of a corporation, partnership
or association, or in the name of a trust, or in a fictitious name, a document acceptable to
the County must be submitted certifying that the person signing below has the authority
to do so.
~,
If the applicant is a contract purchaser, a document acceptable to the County must be
submitted containing the owner's written consent to the application.
If the applicant is the agent of the owner, a document acceptable to the County must be
submitted that is evidence of the existence and scope of the agency.
OPTIONAL ATTACHMENTS:
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3.
4.
Drawings or conceptual plans, if any.
Additional Information, if any.
Signature..l R_L.
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Printed Name
Date
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Daytime phone number of Signatory
12
sf-z()(X)- n
CHARLES WILLIAM HURT
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VIRGINIA LAND COMPANY BUILDING
POST OFFICE BOX 8147
CHARLOrrESVILLE, V mCINIA 22906
MAY
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A TT ACHMENT D
AREA CODE 804
TELEPHONE 979-8181
FAX 296-3510
May 24, 2000
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Ted Glass
County of Albemarle
Dept, of Planning and . Community Development
401 McIntire Road
Charlottesville, Va, 22902-4596
Re: Woolen Mills Warehouse-AHIP
Dear Mr. Glass,
~
Waiver Reauest: ,
The property, known as Woolen Mill Warehouse, is located in the Scottsville Magisterial
District on Franklin Street approximately 12 mile from the intersection of Meade Avenue and
East Market Street. It is described as a portion of Tax Map 77 Parcel 40R, zoned LI, Light
Industrial, and consists of approximately 0.818 acres or 35,620 square feet. Weare requesting
a modification for fill in the floodplain to raise the grade of the ground so that the building can
be placed above the floodplain with adequate parking provided. This request pertains to the
corner of the building foundation where the elevation of the grade would be raised to a level of
326 feet, one foot above the floodplain. No building improvements are being placed in the
areas of the critical slopes, only lot grading outside the edge of the parking lot in order to
create a reasonable grade at the edge of the parking lot and provide for a B~ pond at the
edge of the floodplain, disturbing the least amount of area possible.
Justification:
Due to the floodplain elevation of at least 325 feet, we find it necessary to add fill to this area
to elevate the building foundation one foot ~bove the floodplain, Also, due to the limited area
in front of the existing building and the slope of the surrounding topography, we have design
the site to be as efficient as possible and still provide the necessary parking spaces and travel
way as required by zoning ordinances necessary for AHIP's operation.
If you have any questions or need further information regarding these matters, please call me at
882-5777. Thank you for your time and attention.
~.
Resp~ctfu~;, l--fl {,
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Katurah S, Roell
13
COUNTY OF ALBEMARLE
ATTACHMENT E
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DEPARTMENT OF ENGINEERING & PUBLIC WORKS
MEMORANDUM
TO: Eric Morrisette, Senior Planner
FROM: Steven Snell, Engineer
DATE: 7 July 2000
SUBJECT: Woolen Mills Major Amendment, FilI in Floodplain (SDP 00-0025)
The special use pennit application has been reviewed in conjunction with the Major Site Plan Amendment for Woolen
Mills received on 1 June 2000.
The floodplain is a very wide wooded wetland at this location. The floodplain shown on the FEl\I1A Federal Insurance
Rate Maps for this area was determined by engineering studies. The flood elevation controlled by the confluence with
the Rivanna River just downstream. It is evident by comparing the surveyed topography on the site plan with the FEMA
floodplain that topography has changed from that used for the floodplain study which determined the flood elevation.
However, since the flood elevation appears to be controlled by downstream conditions, it is a safe asswnption that
changes in topography b.ave not changed the FEl\I1A flood elevation of 325 feet as shown on the site plan.
~
The proposed fill in the flood plain is very small in comparison to the total channel and overbank cross-section for
Moores Creek. For this reason, and because flood levels are controlled by downstream conditions as discussed above,
the proposed fill will not significantly affect flood levels.
The special use pennit application indicates that the floodplain will be modified by 2,400 square feet of fIll used to raise
one corner of the proposed building out of the floodplain. This is very similar to the 2,200 square feet of fill for the
adjacent Woolen Mills property approved on August 15, 1997.
Based on the review summarized above, the Engineering Department recommends approval of the special use pennit
to allow fill in the floodplain as indicated on the site plan amendment.
Please contact me if you have questions or require additional. information.
Copy: fIle
File: memo.doc
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14
30.3 FLOOD HAZARD OVERLAY DISTRICT - FH
A TT ACHMENT F
30.3.01 INTENT
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It is intended that the flood hazard overlay district hereby and hereafter created shall be for the
purpose of providing safety and protection from flooding. More specifically, these provisions are
intended to restrict the unwise use, development and occupancy of lands subject to inundation
which may result in: danger to life and property; public costs for flood control measures and/or
rescue and relief efforts; soil erosion, sedimentation and siltation; pollution of water resources; and
general degradation of the natural and man-made environment.
It is further intended that these provisions shall be adequate for qualification and continuation of
Albemarle County on the regular program of the National Flood Insurance Program as
administered by the Federal Insurance Administration. To these ends, provisions have been
developed in accordance with regulations governing the regular program.
30.3.04 PROHIBITED USES
1. Storage of gasoline, kerosene and other petroleum products and flammable liquids, dynamite,
blasting caps and other explosives, pesticides and poisons and other such materials which
could result in hazard to life and/or water pollution in the event of flooding.
2. Storage of machinery and vehicles except as accessory to a permitted use.
3. Stockpiling of debris, logs, junk cars and similar materials.
4. Structures designed or intended for human habitation, including mobile homes, regardless of
proposed usage
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30.3.05 PERMITTED USES
The following uses may be permitted within the flood hazard overlay district in accordance with
the requirements of this section and as specifically provided in the underlying zoning district.
30.3.05.1.1 BY RIGHT WITmN THE FLOODWAY
The following uses or activities are authorized within the floodway as a matter of right:
1. Agricultural uses, excluding structures of any kind, limited to field crops, pasture, grazing,
livestock, raising poultry, horticulture, viticulture and forestry.
2. Recreational uses (excluding structures of any kind and uses involving human habitation)
such as parks; swimming areas, golf courses and driving ranges; picnic grounds; wildlife 'and
nature preserves; game farms; fish hatcheries; shooting preserves; target, trap and skeet
ranges; hunting, fishing and hiking areas; athletic fields; and horse show grounds.
3. Floodwarning aids and devices, water monitoring devices and the like.
4. Fences.
5. Electric, gas, oil and communications facilities, including poles, lines, pipes, meters and
related facilities for distribution of local service and owned and operated by a public utility,
but excluding tower structures. (Added 7-1- 81) (Amended 5-12-93)
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6. Water distribution and sewage collection lines and appurtenances owned and operated by the
Albemarle County Service Authority, but excluding pumping stations and holding ponds.
(Added 7-1-81)
7. Ifparagraphs (a) through (d) are each satisfied, projects which: (i) are designed or directed by
the county, a soil and water conservation district, or a public agency authorized to carry out
flood control or environmental restoration measures; or (ii) are reviewed and approved by the
department of engineering and public works in accordance with the water protection
ordinance.
18-30-1
15
ATTACHMENT F
a. The purpose which will be served by the project, as determined by the
department of engineering and public works, is either flood control or
environmental restoration;
/-----",
b. The amount offill material placed within the floodway, floodway fringe or
approximated flood plain does not exce.ed the amount of cut material removed
from the same floodway, floodway fringe or approximated flood plain in which
the fill was placed;
c. No natural streams will be relocated; and
d. The project will use natural materials such as rock and vegetation, and will not
use engineered structures such as those identified in section 30.3.05.2.1(5).
30.3.05.1.2 BY RIGHT WITHIN THE FLOODWA Y FRINGE
1. Uses permitted by right in the floodway.
2. Accessory strUctures to uses permitted by right in the floodway, excluding structures for
human habitation; provided that any such structure permitted shall be firmly anchored to
prevent flotation, collapse or lateral movement due to flooding.
30.3.05.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only. by special use permit approved by the board of
supervisors pursuant to section 31.2.4.
30.3.05.2.1 BY SPECIAL USE PERMIT WITHIN THE FLOODW AY
The following uses or activities are authorized within the floodway by special use permit:
1. Dams, levees and other structures for water supply and flood control.
2. ,Water related uses such as boat docks, canoe liveries, bridges, ferries, culverts and river
crossings of transmission lines of all types. .
3. Sod farming, topsoil, sand and gravel removal.
4. Pump stations for water or wastewater including power supply and control devices, holding
ponds and other appurtenances.
5. Engineered structures including, but not limited to, retaining walls and revetments made of
non-natural materials such as concrete, and gabion baskets, which are constructed along
channels or watercourses for the purpose of water conveyance or flood control.
6. Hydroelectric power generation (reference 5.1.26).
(Added 4-28-82)
30.3.05.2.2 BY SPECIAL USE PERMIT WITHIN THE FLOODW AY FRINGE
1. Uses by special use permit in the floodway.
2. Aircraft landing strip excluding structures and aircraft parking/storage.
3. Landfill permit (reference 30.3.6).
4. Electrical transmission lines and related towers; micro-wave and radio~wave transmission and
relay.
18-30-2
'\6
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August 9, 2000
Katurah Roell
195 Riverbend Drive
Charlottesville, VA 22906
RE: SP-00-032 Free Bridge Auto Sales
Tax Map 78, Parcels 57B
Dear Mr. Roell:
The Albemarle County Planning Commi$sion, at its meeting on August 1, 2000, unanimously
recommended approval of the above-noted petition to the Board of Supervisors. Please note
1"""'\ that this approval is subject to the following conditions:
1. a) Relocate the row of 13 display spaces that is currently located between the building and
the EC and move the building forward on the site to increase the prominence of the building
and decrease the prominence of the p.arking; OR
b) If the building stays in the location shown on the site plan, additional landscaping beyond
the standard ARB requirements will be required both internally and along both sides of the
property.
2. Vehicles shall not be elevated.
3. Use shall not commence until a Certificate of Appropriateness is issued by the ARB for a site
plan, including landscaping and lighting plans.
4. Recordation of a plat combining a 1.132 acre portion of Tax Map 78, Parcel 9 to subject
Parcel 57B as reflected on a copy of a plat by B. Aubrey Huffman & Associates, LTD.,
initialed and dated "Y.A. 7/26/00", filed with SP 00-032 (see Attachment D.1)
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on August 16,2000. Any new or additional information
regarding your application must be submitted to the Clerk of the Board of Supervisors at least
seven days prior to your scheduled hearing date.
BOARD OF SUPERVISORS
.;
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Page 2
August 9, 2000
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The Commission also approved a waiver of Section 4.2 of the Zoning Ordinance which deals
with critical slopes.
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
Cc: Ella Carey
Jack Kelsey
Bob Ball
Amelia McCulley
Steve Allshouse
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2
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STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Yadira Amarante
August 1, 2000
August 16,2000
SP':00-032 FREE BRIDGE AUTO SALES and SDP 00-062 FREE BRIDGE AUTO SALES
MAJOR SITE PLAN AMENDMENT
APPLICANT'S PROPOSAL:
The applicant proposes to amend SP 92-22 and SP 99-34 to increase the display parking area at the
existing Free Bridge Auto Sales site on the north side of Route 250 East. The applicant plans
building and site renovations in conjunction with the expanded display parking. A site plan
delineating the proposed display area is included as Attachment C.
PETITION:
SP 00-032 Free Bridge Auto Sales
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Free Bridge Auto Sales petitions the Board of Supervisors to issue an amendment to Special Use
Permit SP 92-22 and SP 99-34 [Section 30.6.3.2.b of the Zoning Ordinance] to allow an increase
in the area of display parking and storage of automobiles in the Entrance Corridors. The
property, described as Tax Map 78 Parcel 57B contains approximately 1.001 acres (this special
use permit amendment request is for additional display spaces on 1.132 acres being added to this
parcel from Tax Map 78 Parcel 9). The site is located in the Rivanna Magisterial District at 1400
Richmond Road (Route 250 East), approximately 3600 feet west of State Farm Boulevard. The
property is zoned HC Highway Commercial and EC Entrance Corridor as is the 1.132 acre
addition, (see Attachments A and B for location and tax maps.)
SDP 00-062 Free Bridge Auto Sales Major Site Plan Amendment
Applicanfrequests waiver of Section 4.2 of the Zoning Ordinance, which prohibits disturbance of
critical slopes.
CHARACTER OF AREA
The site is currently occupied by Free Bridge Auto Sales, Inc., with an existing sales/repair building
on site, as well as existing display parking. All adjacent properties are commercially developed. The
White House Motel is situated on the parcel to the east. The parcel to the west is occupied by a
restaurant. There are numerous retail and commercial services provided along Route 250 East. The
surrounding Pantops area is generally characterized by car dealerships that include vehicles on
display.
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RECOMMENDATION:
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Staffhas reviewed this request for compliance with the provisions of the Comprehensive Plan and
Zoning Ordinance Sections 31.2.4.1 and 30.6.3.2.b, and recommends approval ofSP 00-32, subject
to conditions.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Regional Service in Urban Area Neighborhood
3 (Pantops). The proposed expanded use is compatible with,the surrounding activities.
PLANNING AND ZONING HISTORY:
July 17,2000: ARB-P(SDP)-00-30: Free Bridge Auto: The ARB expressed no objection to the
special use permit, with conditions, and provided preliminary comments on the proposed renovations
for the benefit of the applicant's final ARB submission. (See Attachment D.)
June 7, 2000: SUB-OO-69: White House Motel LLC Final Plat: Plat approved to enlarge Tax Map
78, Parcel 57 B by adding portions of Tax Map 78, Parcels 9 & 11 to accommodate the expansion
of Free Bridge Auto.
May 26, 2000: SDP-00-62: Free Bridge Auto Sales Major Site Plan Amendment: Major amendment
to the site plan submitted for the expansion and renovation of Free Bridge Auto Sales. This site plan
amendment is currently under review by the Site Review Committee.
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December 17, 1999: SDP-99-68: Free Bridge Auto Sales Preliminary Site Plan: Preliminary site
plan approved for the expansion and renovation of Free Bridge Auto Sales.
December 16, 1999: SP-99-34: Free Bridge Auto Sales: The Board of Supervisors approved the
request, with conditions, for outdoor auto sales display.
November 1, 1999: ARB-P(SDP)-99-34: Free Bridge Auto: The ARB expressed no objection to the
special use permit, with conditions, and provided preliminary comments on the proposed renovations
for the benefit of the applicant's final ARB submission.
October 13, 1999: ZMA-99-08: White House Motel Conforming Use: The Board of Supervisors
approved a requestto rezone 1.497 acres on the parcel (Tax Map 78EParcel A, part thereof) adjacent
to the Free Bridge Auto site from R6 (Residential) to He (Highway Commercial).
September 24,1999: SUB-99-205: White House Motel LLC Preliminary Plat: Plat approved to
enlarge Tax Map 78, Parcel 57 B by adding portions of Tax Map 78, Parcell Oto accommodate the
expansion of Free Bridge Auto.
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.".....,
June 10, 1992: SP-1992-22: Dale Wilberger Gmpact Auto): The Board of Supervisors approved a
request for outdoor storage and display of autos, trucks and trailers, consisting of used cars on the
west side of the property, one U-Haul van on the east end ofthe front lot, and additional U-Haul
trucks at the rear of the property.
April 20, 1992: ARB-P(SDP)-92-05: Impact Auto: The Architectural Review Board reviewed the
plan proposed in conjunction with SP-92-22 and granted staff administrative approval of a
Certificate of Appropriateness, with conditions related to landscaping, lighting, and U-Haul parking.
May 16, 1983: SDP-1983-25:. Edgecomb Foreign Car Sales & Service: A minor site plan
amendment was approved for the addition of an office trailer.
March 1,1974: Wilhoit Motors Used Cars: Original site plan for property approved.
REASON FOR PLANNING COMMISSION REVIEW:
Expansion of the automobile display aspect of this proposal requires special use permit approval by
the Board of Supervisors. In accord with Sections 4.2 of the Zoning Ordinance, the Commission
must act on the applicant's request for disturbance of critical slopes.
.~
STAFF COMMENT:
Staff will comment on the special use permit and site plan separately.
SP-00-032 Free Brid~e Auto Sales
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. permits
permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon
a finding: by the Board of Supervisors that such use will not be of substantial detriment to adjacent
property.
,~.
It is anticipated that the expansion of vehicle display will have no negative impact on the
3
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surrounding uses or on the site itself, due to the existing use of the property and the existing
development of adjacent and nearby properties.
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that the character of the district will not be changed thereby.
It is not anticipated that the proposed use will change the character of the district, due to the
commercial activity on nearby properties, the general commercial character of the corridor, and the
existing car dealerships with outdoor display in the vicinity. The potential impact of the use on the
character of the district has been addressed by the ARB. The ARB has expressed no objection to the
use, with conditions, based on the Entrance Corridor guidelines. The conditions of ARB approval
are incorporated into the recommended conditions of approval for this special use permit.
and that such use will be in harmony with the purpose and intent of this ordinance.
Staffhas reviewed this request for compliance with the purpose and intent of the Zoning Ordinance
and the EC Overlay District. With the incorporation of the recommendations of the ARB, this use
would be in harmony with the purpose and intent of the EC district.
with the uses permitted by right in the district.
The proposed rental and display use will not restrict permitted uses on adjacent property. The
proposed use is similar to other uses permitted by right in this district. Automobile repair is a
permitted use in the underlying zoning district.
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with additional regulations l'rovided in Section 5.0 of this ordinance.
There are no additional regulations in Section 5.0 specifically addressing the rental or display of
vehicles.
and with the public health. safety and general welfare.
It is not anticipated that the proposed expansion of use will negatively impact the public health,
safety, and/or welfare.
Summary:
This use is by special use permit due to the use of outdoor storage and display of vehicles in the
Entrance Corridor. The Architectural Review Board has reviewed the request. Their action, which
is included as Attachment D, expressed no objection to the proposed use, subject to conditions. Staff
opinion is that ifthe ARB's conditions are satisfied the expanded use will have minimal impact on
the district. Consequently, staff finds that with the ARB's approval of a Certificate of
Appropriateness, this use is consistent with the intent of the Zoning Ordinance and the
Comprehensive Plan. /"""'..
4
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Staffh~not identified any factors which are unfavorable.to this request.
Recommended Action:
Staff recommends approval of the expanded automobile display subject to conditions.
Recommended Conditions of Approval:
1. a) Relocate the row of 13 display spaces that is currently located between the building and,
the EC and move the building forward on the site to increase the prominence of the building and
decrease the prominence of the parking; OR
b) If the building stays in the location shown on the site plan~ additional landscaping beyond
the standard ARB requirements will be required both internally and along both sides of the property.
2. Vehicles shall not be elevated.
3. Use shall not commence until a Certificate of Appropriateness is issued by the ARB for a site
plan, including landscaping and lighting plans.
r-\
4. Recordation of a plat combining a 1.132 acre portion of Tax Map 78, Parcel 9 to subject Parcel
57B as reflected on a copy of a plat by B. Aubrey Huffinan & Associates~ LTD., initialed and dated
"Y.A. 7/26/00"~ filed with SP 00-032 (see Attachment D.1)
SDP 00-062 Free Bridge Auto Sales Major Site Plan Amendment
The Site Review Committee has reviewed this site plan and may grant approval subject to the
Planning Commission waiver of Section 4.2 of the Zoning Ordinance.
Staff Analysis:
~,
The applicant proposes to grade existing critical slopes. Areas of critical slope comprise
approximately 0.17 acres, or 7% oftotal site area. Section 4.2.3.2 of the Zoning Ordinance restricts
earth-disturbing activity on critical slopes and Section 4.2.5.2 allows Planning Commission
modification of this restriction upon finding that strict application of the restriction would not
forward the purposes of the Zoning Ordinance. The area of critical slope within the site is not
associated with a "major and locally important stream valley" and is not identified in the Open Space
and Critical Resources Plan. Disturbance of this area is necessary for the construction of
approximately 42 display parking spaces. The applicant's request and justification is attached
(Attachment E). The Engineering Department has reviewed this request under the provisions of
Section 4.2 of the Zoning Ordinance and supports this request (Attachment F). With the application
of ARB conditions, Planning staff finds no substantial loss of aesthetic resources as a result of
grading these slopes and therefore recommends approval.
5
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Grading activity along the eastern border of the property will create areas of critical slopes which
will be stabilized by a 5-foot high retaining wall with a handrail. Construction of a stormwater
management facility will also create critical slopes which will be benched and stabilized with natural
ground cover.
Recommended Action:
Staff has reviewed this request for compliance with the provisions of the Zoning Ordinance and
recommends approval of the critical slope waiver. With approval of this' waiver the site plan
amendment can be approved administratively.
Recommended Conditions of Approval:
None.
ATTACHMENTS:
A - Location Map
B - Tax Map
C - Site Plan Delineating Display Parking Area
D - Architectural Review Board Action Letter
D.I - Copy of plat to be recorded
E - Applicant's request for waiver of disturbance of critical slopes
F - Engineering staff support of critical slope waiver
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ATTACHMENT 0
'P1-.1 0(. 2
~
".....
July 19, 2000
Katurah Roell
195 Riverbend Drive
Charlottesville. VA 22906
RE: ARB-P(SDP)-2000-30 Free Bridge Auto
Tax Map78, Parcel 57B
Dear Mr. Roell:
~
The Albemarle County Architectural Review Board, at its meeting on July 17, 2000, completed
a preliminary review of the above-noted request to construct a new building for auto sales and
service, including outdoor display of vehicles. The ARB voted unanimously to recommend to the
Planning Commission and Board of Supervisors that the ARB expressed no objection to the
Special Use Permit subject to the following conditions:
1, a) Relocate the row of 13 display spaces that is currently located between the building and
the EC and move the building forward on the site to increase the prominence of the building
and decrease the prominence of the parking; OR
b) If the building stays in the location shown on the site plan, additional landscaping beyond
the standard ARB requirements will be required both internally and along both sides of the
property.
2. Vehicles shall not be elevated.
3, Use shall not commence until a Certificate of Appropriateness is issued by the ARB for a
site plan, including landscaping and lighting plans.
The Board offered the following comments for the benefit of the applicant's final submission:
1"". 6
,
1. Correct/verify the number of parking spaces provided.
2. Revise the landscape plan to meet the ARB guidelines. Consult the guidelines for more
information. Perimeter parking lot trees, separate from interior parking lot trees, are required.
3, Include caliper sizes in the landscape key, Consult the ARB guidelines for requirements.
4. Washington Hawthorne trees, with an ultimate height of 25', are recommended instead of
tne Bradford Pear along the EC frontage where overhead utility lines exist.
5, The applicant may wish to contact the holder of the electric easement for approval of the
proposed planting.
The Blue Rug juniper is a low-growing ground cover, Shrubs are required along the EC.
Shrubs should be 24" high, minimum, at planting and should be spaced 5' on center, If
ground cover is also desired, it should be coordinated with the shrubs.
7, Additional landscaping along the EC is appropriate for this site,
10
ATTACHMENT D
~. 2. o{2
8. Provide complete information on proposed lighting. Consult the ARB checklist for final site
plan review for requirements. Over-illumination should be avoided.
9. Provide side elevations for the proposed building. Blank elevations are not appropriate for
the EC.
10. Side elevations must be sensitively handled and fully integrated with the front elevation. The
choice of materials for the side elevations will be important.
11. Provide all material and color samples, including those for the retaining walls.
12. New signage or changes to existing signage will require review and approval by the ARB
and the Department of Building Code and Zoning Services.
13. Large expanses of undivided glass are inappropriate. Windows should be further divided.
The proposed facade has a residential character that corresponds to smaller glass' area and
divided panes.
14. Provide a color perspective sketch showing the view of the proposed building from the EC.
~
Your application for final ARB review may be made at your earliest convenience. Revised drawings
addressing the comments listed above will be required. A submission and review schedule, an
application, and a checklist are attached for your convenience.
If you have any questions concerning any of the above, please feel free to call me.
Sincerely,
'777.tv~uY (2'r-~
Margaret Pickart
Design Planner
>--.
MPfjcf
Cc: File
------,
11
'{~
P~CEl 'A" FOAIlERl Y A
PORT fON Of PARCEL 9
UX HAP 78 TO 8ECOME
A PART Of' PARCEL 578
PARCEL "8" fORMERlY A
POllT ION OF PARCEL II
lAX NAP 78 TO 8ECONE
A PART OF PARCEL 518
PARCEL T FORNERl Y A
PORTION OF PARCEL II
lAX NAP 78 TO 8ECONE
A PART OF PAR lOA
PARCEL 0 FORNERL Y A
PORTION OF PARCEL 578
lAx NAP 78 TO 8ECONE
A PART OF PAR lOA
PARCELr F ORNERl Y A
PORT ION OF PAR lOA TO
BECONE A PART OF PARCEL
II lAX NAP 78
PlACet 9
PARCEL A
(~
PARC(l IDA
PARCEL E
PARCEL C
PARCEL 0
19.961 ACRES
- 1.132 ACRES
IB,829 ACRES
0,967 ACRES
- 0,033 ACRES
+ 0,019 ACRES
+ 0,01' ACRES
0,987 ACRES
PA\lC(l 578
PARCEL A
PARCEL 8
PlACet 0,
HEM TOTAL
PAlICEl II
PARCEL E
PARCEl 8
PARCEL C
1.001 ACAES
+ I, 132 ACRES
· 0,086 ACRES
- 0,01' ACRES
~ ACRES
'Z- t"1
8,Oeo ACAES
· 0,033 ACRES
- 0, 0IIi ACRES
- 0,019 ACRES
8 008 ACRES
ATTACHMENT 0.1
HEN TOTAL
HEN TOTAL
.... .~ ~, . 43.33'
L& 511' J' <lS-! 21, 2~'
L7 N49"14' Oa".. 30.53
LI N50 -,.' I'"e ]7. n
19 550')"19"'" 20,89
HEN TOTAL
TM 78
PARCEL 9
-
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I
I
N5S'OS'55,"W
240 0\
PARCEL 11
8, 008 HEN ACRAGE
DEEO BOOf( REFERENCE
0,8, 1919 p, "3\
PLAT REfEllEHCE
0,8, 1919 P,"6-"7
lOT B
'(
PARCEL A
132 ACRES
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PAR 578
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207,35'
5A9'IA'02-(
LI
150,00
IRON 5A9'14'02"(
US ROUTE 250
(VAR. WIDTH R/W)
CURVE
Cl
DEL TA
0g'''5'i1~
RADIUS
475,00 .
TANGENT
410,5'"
ARC CHORD 8EARING
BO.88' 545.38'39-"
CHORD
80.70"
!fA.
ll2<ol00
10A
PHYSICAL SURVEY SHOWING
".....,
REVISION
AS
OF PARCELS 11.
SHOWN ON TAX
578. 9 AND
MAP 78
SCALE 1" . 50'
ALBEMARLE COUNTY, VIRGINIA
MAY, 24. 2000
REV, JUNE 19, 2000
"'.-e...
B. AUBREY HUFFMAN & ASSOCIATES. 'LTD.
CIVIL ENGINEERING - LAND SURVEYING - LAND PLANNING
CHARLOTTESVILLE, VIRGINIA
12
PS 1,.... l-t O. ~IIII"
1
~
ATTACHMENT E
C. W. HURT CONTRACTORS, INC.
VIRGINIA LAND COMPANY BUILDING
POST OFFICE BOX 8147
CHARLOTrESVILLE. VIRGINIA 22906
,-.
AREA CODE 804
TELEPHONE 979-8181
FAX 296.3510
June 26, 2000
Yadira Amarante
County of Albemarle
Dept. of Planning and Community Development
401 McIntire Road
Charlottesville, Va. 22902-4596
Re: Free Hodge Auto Sales
Dear Yadira,
~ajver Reauest:
The property is known as Free Bridge Auto Repair, located on Route 250 Pantops, east of
Brady Bushey Ford, and west of the HilltopRestaurant~ TM 78 P57B, currently zoned HC and
consisting of approximately 2.205 acres, \Ve are requesting a waiver for grading critical slopes
with concem to the lower, n0l1hern parking lot. Addressing the county code in section 4.2
Critical Slopes: this grading in no way impacts any body of water or creates any more area that
will cause excessive storm water run-off It does not have any impact on the future area for
the septic tield. No improvements are being placed in the areas of the critical slopes, only lot
gradi,ng outside the edge of the parking lot in order to create a reasonable grade at the edge of
the parking lot and disturb the .least amount of area possible.
Justification:
The purpose .ofthis waiver request is to create a reasonable slope in the new parking lot. With
this correction, we have designed the site to be as efficient as possible and still provide the
necessary parking spaces and travel way as required by zoning ordinances.
If you have any questions or need further information regarding these matters, please call me at
882-5778, Than..1c you for your time and attention,
Respectfully,
.~~
Katurah S, Roell
13
ATTACHMENT F
~
Albemarle County Development Departments
SPIN Submission and Comments
SDP-2000-062
Free Bridge Auto Sales Major
Engineering
revised plan
revision 2
reviewer
Mark Graham
received
6/1/00
reviewed
6/11/00
decision
requested changes
Engineering can not recommend approval of this preliminary site plan until the following comment has
been satisfactorily addressed.
a. Consistent with VDOT requests, Engineering requests the applicant keep the edge of the parking lot a
minimum of 32' from the existing face of curb along U.S. 250 and dedicating a minimum of 22' from
existing U.S. 250 face of curb to VDOT. This will allow adequate room for addition of a 3rd lane at a
future date. (12' new lane, 10' face of curb to right of way, 10' parking lot setback) It is noted there
appears to be no site constraints that prevent the applicant from shifting the development approximately
6' in order to satisfy this comment.
<Engineering supports the request for a critical slope waiver on this site. Given the small size and location)
*.. of the critical slope, no problems are anticipated with regard to soil movement, excessive stormwater run- ..
off, siltation of bodies of water, or loss of aesthetic resource. The site is served by public sewer and there *
is no need for a septic field.
1""\ The following items must be submitted with the final site plan for review by the Engineering Department.
a. An erosion control plan, narrative, computations, application and fee are required. Applicant should
note the requirement from the State regulations (4VAC50-30-40 19.b.) concerning adequate drainage
outfall. It does not appear an adequate outfall exists from the proposed stormwater management facility.
b. Retaining wall design details must be submitted and approved for all walls. For the 5' wall along the
northwestern and sOl,ltheastern property boundaries, detailed drawings and design calculations certified
by a Professional Engineer who is registered in the State of Virginia are required. The design
calculations must include either a geotechnical report or assumed soil properties the engineer used in
performing the calculations.
c. A stormwater management / BMP plan, computations, application and fee must be submitted, and a
completed stormwater management facilities agreement, with fee, will be required. It was noted that water
quality swale does not appear to meet the design criteria for this facility. Applicant must demonstrate the
water quality swale meets the design criteria for these facilities as part of the Final Site Plan approval.
d. Drain~ge computations must be approved.
VDOT approval will also be required for the final site plan. Please contact me if you have questions or
require additional information.
~
7/26/00 01 :51 PM
Page 1 of1
14
Ii
fi""".,
July 24, 2000
Ivo Romensko
100 East South Street
Apartment #3
Charlottesville, VA 22902
RE: SP-2000-35 Roslyn Ridge Office
Tax Map 61, Parcel13A
Dear Mr. Romensko:
The Albemarle County Planning Commission, at its meeting on July 18, 2000, unanimously
~ recommended approval of the above-noted petition to the Board of Supervisors. Please note
that this approval is subject to the following conditions:
1. An undisturbed buffer strip of minimum fifteen feet in width shall be maintained along
both abutting property lines, with landscaping and screening to be approved with the site
plan in accordance with Section 32.7.9. To the extent feasible, the existing vegetation
shall be retained on the site. The buffer strip abutting Garden Court shall be undisturbed,
with existing trees within the buffer preserved and incorporated into the landscape plan.
,A six foot high opaque fence shall be placed between the parking lot and the Townwood
units.
2. All exterior lighting shall be full cutoff luminaires if the lamps emit 3,000 or more lumens.
All outdoor lighting shall be arranged or shielded to reflect light away from adjOining
residential districts and away from adjacent streets.
3. The building shall be no more than three stories in height and designed in keeping with
the character of the area, and consistent with the sketch plan named "Roslyn Ridge
Offices" dated 7/11/00.
4. Building square footage shall be limited to 8,000 square feet.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on August 16, 2000. Any new or additional
information regarding your application must be submitted to the Clerk of the Board of
Supervisors at least seven days prior to your scheduled hearing date.
~
BOARD OF SUPERVISORS
Page 2
July 24, 2000
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
Sincerely,
CJJ~
Dan Mahon
Planner
DM/jcf
Cc: Ella Carey
Amelia McCulley
Jack Kelsey
Steve Allshouse
Bob Ball
~,
/-'.;..,
STAFF PERSON
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
DAN MAHON
JULY 18, 2000
AUGUST 16,2000
,If!"';
SP-00-035 ROSL YN RIDGE OFFICE
Applicant's Proposal: The applicant proposes to locate a maximum 8,000 square foot, two-story professional
office building plus attic and basement mixed use and approximately 29 parking spaces on a triangular-shaped
parcel which currently contains an abandoned gas station. The building would house several small business
operations (offices) and would collectively employ 10 persons. The attic would be used for two one bedroom
residential apartment units. The basement will be unfmished and house mechanical equipment for the building.
The hours of operation are anticipated to be 8 am t06 pm.
SP-98-38 KEN ROGERS was approved for the same approximate square foot building on September 9, 1998.
SP-00-035 is being proposed because the former application is about to expire. The proposal for SP-00-035 also
includes some revisions that are listed below.
1. The location of the building has shifted to another location on the site.
2. The entrance location has shifted.
3. The originally proposed professional office use will now include residential apartment units.
(See applicant's project description and sketch plan- Attachment A)
Petition: Proposal to construct mixed use residential apartments and professional offices on 0.794 acres zoned
R-I0 Residential (Section 17.2.2.11). The property, described as Tax map 61, Parcel 13A, is located on the east
1""'-, side of Hydraulic Road (Rt. 743) just south of its intersection with Rio Road West (Rt. 631) in the Rio
Magisterial District. This site is located in a Development Area, Neighborhood 1. (See t~ map - Attachment
B).
Character of the Area: The site is adjacent to Townwood townhouses and Garden Court townhouses. It fronts
on a newly-widened section of Hydraulic Road. It is situated opposite the Roslyn Ridge subdivision.
The surrounding properties are also zoned R-I0, Residential. The property across Hydraulic Road is zoned RA,
Rural Areas. This property is in the Entrance Overlay Corridor District.
SUMMARY AND RECOMMENDATIONS: Staff has reviewed this request for compliance with Section
31.2.4.1 of the Zoning Ordinance and recommends approval with conditions. '
Planning and Zonin!! Historv: VA 87-12 for a canopy denied. SP-98-38 for office use approved.
Comprehensive Plan: This site is designated Urban Density (6.01-34 du/ac), and is located within
Neighborhood 1. Hydraulic Road forms the Development Area boundary, with Rural Area designation on the
west side of Hydraulic Road.
Approval of this special use permit would sacrifice the residential infill use of this property. However, two
justifications for the proposed office use are: (1) the former commercial use of the property, and(2) the shape
and dimensions of the parcel, which may be more conducive to an office rather than a residential use.
The Land Use Plan, General Principles for Land Use in designated Development Areas, states:
1""""'..
1
Encourage infill development of vacant lands and development of under-used areas within the designated
Development Areas. (page 17)
~
Residential Land Use Standards states:
-Maintenance of the integrity of residential areas can be accomplished with standards for the relationship of
residential use to adjacent non-residential uses. Buffering, screening and physical separation of non-residential
uses can alleviate such relational problems. (Page 22)
Commercial Land Use Standards states:
Commercial uses adjacent to residential areas should be effectively buffered and screened in accordance with
zoning regulations. Generally, commercial office uses should be employed as transitional areas between
residential development and heavier commercial or industrial areas. Any uses (including commercial office
uses) allowed adjacent to residential areas should be compatible in operational aspects, and any potentially
objectionable aspects* should be adequately addressed at rezoning.
. Objectionable aspects are factors which could reasonably be anticipated to disrupt a residential atmosphere
including such factors as extensive hours of operation (i.e., delivery traffic), and factors which may trespass
into residential areas to an objectionable level such as lighting, noise, smoke and odors. (page 24)
The Nei2hborhood Model:
At a meeting held on May 3, 2000, the Albemarle County Board of Supervisors began the process of
assessing the report provided by the Development Areas Initiative Steering Committee (DISC) to
change the form of development in the Development Areas. This report, known as The Neighborhood
Model, has not been adopted. The Board, however, asked that staff reports for legislative actions
include an analysis of how a proposed development is or is not in conformity with the
recommendations of DISC. It is noted that the following comments are provided for information
only and the report is not binding on the applicant or the County. '
....---.,......,
Of the twelve principles or characteristics of development are proposed with the Neighborhood Model.
the following are those that apply to this application. Each principle is named below with statements
of how this development proposal addresses the principle.
Pedestrian Orientation - The proposed development doesn't provide for a pedestrian orientation.
Neighborhood Friendly Streets and Paths - Street trees will be required by the ARB.
Interconnected Streets and Transportation Networks - The parcel is located at a comer of two streets.
Parks and Open Space - A 15 ft. buffer is being provided for the development; however, no usable
open space is provided because the site is so small.
Neighborhood Centers - The proposed mixed office/residential will act as a small employment center.
Buildings and Spaces of Human Scale - The proposed development provides for a building design to
integrate with surrounding residential character as illustrated in the drawings in (Attachment B).
.~
2
Relegated Parking -Parking is provided at the side and rear ofthe development rather than in front of
the proposed development. In this way parking does not have prominence on the site.
1"""\
Mixture of Uses - The proposed development provides for a mixture of uses in keeping with the
Neighborhood Model.
Mixture of Housing Types and Affordability - The provision of two one-bedroom apartments
introduces a new type of housing in this general area.
Redevelopment Rather than Abandonment - The parcel was used for a service station and this. .
proposed redevelopment is more appropriate to the surrounding area.
Site Planning that Respects Terrain - The parcel is level and major grading is not needed.
Clear Edges - Technically, the parcel is located within the Development Area boundary; therefore, it.
does not help to maintain a clear Development Area edge.
STAFF COMMENT:
Staff has addressed each provision of Section 31.2.4.1 of the Zoning Ordinance pertaining to approval of special
use permits:
The Board of Suoervisors herebv reserves unto itself the right to issue all soecial use oermits permitted
1""'. hereunder. Special use oermits for uses as provided in this ordinance mav be issued uoon a finding bv the Board
of Suoervisors that such use will not be of substantial detriment to adjacent l'rooertv,
Staff opinion is that the proposed office use will not be of substantial detriment to adjacent property, with proper
screeninglbuffering. The proposed building is planned to be similar in appearance to a two-story multi-family
structure, a use which would be allowed by right. Hours of operation are planned to be 8am to 6 pm, which
could change. ten employees are anticipated. The only issue is the width of the setbacklbuffer from abutting
residential properties to provide screening from the parking lot. In this case, staff would rely to some extent on
the opinions of the abutting owners. Staff has received one request for a 35 foot buffer adjacent to Garden Court
townhouses. .
that the character of the district will not be changed thereby,
The applicant's proposal will not change the character of the district. The proposed mixed residential and office
use is compatible with the existing townhouse residential use.
and that such use will be in harmony with the ollll'ose and intent of this ordinance,
Staff has reviewed the purpose and intent of the Zoning Ordinance, relation to the environment, and relation to
Comprehensive Plan as stated in Sections 1.4, 1.5 and 1.6, and has found this application to be in haf11'!.ony with
these sections. Specifically, this request facilitates provision of an economic development activity which
provides employment opportunity in close proximity to residential areas.
with the uses permitted bv right in the district,
~.
3
This property and the adjacent properties are zoned R-IO, Residential. Staff opinion is that the proposed use is
in harmony with the uses permitted by right in the district, provided the parking lot is adequately buffered.
with additional regulations orovided in Section 5.0 of t~is ordinance,
There are no supplementary regulations for office buildings.
and with the public health. safety and general welfare.
There are no health or safety issues. Providing a buffer from the residential properties will promote genera}
welfare.
The Virginia Department of Transportation said that the proposed entrance location as shown on the sketch plan
is adequate. The existing entrance would require removal, and the existing sidewalk and curbing would have to
be replaced.
The County Engineering Department has noted an existing drainage ditch across the front of the property, that
mayor may not affect the building location, and stormwater management/BMP requirements, all of which are
site plan issues.
The Building Official and the Fire Official antIcipate no unusual problems or concerns.
Zoning comments are attached (See memo 0_ Attachment C). They are suggesting that (1) the architectural style
of the building be made a condition, and (2) that some additional screening or fencing be required beyond the
minimum of twenty feet, but not as much as the fifty feet required when a commercial district abuts a residential
district.
/--.,
Staff opinion is that an adequate area should be provided to allow for a landscaped buffer area along both
property lines. There are existing trees along both property lines; the trees adjacent Garden Court are more
substantial. The location of the parking lot adjacent to residential units is more of a concern than the rear of the
office building, however, privacy is an issue in both cases. Staff is recommending that a minimum of twenty-
five feet be maintained along both property lines. In addition, a fence should be placed between the parking lot
and the Townwood units. (There is an existing fence along the Garden Court line.)
The size of the building will be limited by the size of the site, and the amount of parking which can be-
accomodated. The owner has stated that the building will be two-story, and physically similar to amulti-family
structure; no specific design has been offered.
SUMMARY: Staff opinion is that this request is in compliance with the provisions of Section 31.2.4.1 of the
Zoning Ordinance. Staff recommends approval of the special use permit with conditions.
RECOMMENDED CONDITIONS OF APPROVAL OF SP 98-38:
1. A buffer strip of minimum twenty-five feet in width shall be maintained along both abutting property
lines, with landscaping and screening to be approved with the site plan in accordance with Section
32.7.9. The buffer strip abutting Garden Court shall be undisturbed, with existing trees within the buffer
preserved and incorporated into the landscape plan. A six foot high opaque fence shall be placed
between the parking lot and the Townwood units.
2. All exterior lighting shall be full cutoffluminaires if the lamps emit 3,000 or more lumens.
3. The building shall be no more than two-stories in height and designed in keeping with the character of
the area.
4
,;--'\
(1'*"0,
.,-...,.
I' 1
ATTACHMENTS:
A - Applicant's project description, sketch plan and plat
B - Tax maps
C - Zoning comments
A:SP9838.RPT
5
ATTACHMENT A
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 McIntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
September 23, 1998
Osteen Phillips Architects
108 Second Street, SW
Chrlottesville, VA 22902
RE: SP-98-38 Ken Rogers
Tax Map 61, Parcel13A
Dear Sir:
"-'--"'"
The Albemarle County Board of Supervisors, at its meeting on September 9, 1998, approved the
above-noted request to construct a professional office building. Please note that this approval is subject
to the following conditions:
I. A buffer strip, a minimum 15 feet in width shall be maintained along both abutting property lines,
with landscaping and screening to be approved with the site plan in accordance with Section
32.7.9. The buffer strip abutting Garden Court shall be undisturbed, with existing trees within the
buffer preserved and incorporated into the landscape plan. A six foot high opaque fence shall be
placed between the parking lot and the Townwood units.
2. All exterior lighting shall be full cutoff luminaires if the lamps emit 3,000 or more lumens.
3. The building shall be no more than two-stories in height.
4. The building shall be in general accord with the residential structure d~picted on the attached
"Exhibit A", submitted by Jim Morris at the Board of Supervisors meeting on September 9, 1998.
In the. event that the use, structure or activity for which this special use permit is. issued shall not be
commenced within eighteen (18) months after the issuance of such permit, the same shall be deemed
abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section,
the term "commenced" shall be construed to include the commencement of construction of any structure
necessary to the use of such permit within two (2) years from the date of the issuance thereof which is
thereafter completed within one (1) year.
Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the
Zoning Department will issue a clearance, you must comply with the conditions in this letter. For further
information, please call Jan Sprinkle at 296-5875.
6
Page 2
September 23, 1998
,~
If you should have any questions or comments regarding the above-noted action,.please do not hesitate to
contact me.
Sincerely,
u .. &-'
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Director of Planning &
VWC/jcf
Cc: Amelia McCulley
Jack Kelsey
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ATTACHMENT B
Section 31.2.4.1 of the" Albeniarle County Zoning Ordinance states that, "Th", uvw.~ V.L ~Upt;lVl~UHi
'hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use
permits fortises as provided in this ordinance may be issued upon a finding by the board of supervisors
that such use will not be of substantial detriment to adjacent property, that the character of the district
wilfnot be changed thereby and that such use will be in harmony with the purpose and intent of this
ordinance, with the uses permitted by right in the district, with additional regulations provided in section
5.0 of this ordinance, and with the public health, safety and gene~l welfare.
The items which follow will be reviewed by the staff in their analysis of your request. Please complete
this form and provide additional information which will assist the County in its review of your request.
If you need assistance filling out these items, staff is available.
.---
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How will the proposed special useaffectadjacentpropcrty? ,N4J rc.,~ f~- -Ii", I d" 11",~,.;f..".-:J
ir{ ~ ,~ lit I(",..r(. ~ h ""-. Htr .f' -I~)o. ~ l..r J LM~ II 4<. '7 -So
What is the Comprehensive Plan designation for this property?
How will the proposed special use affect the character of the district surrounding the property?
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How is the use in harmony with the purpose and intent of the Zoning Ordinance?
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How is the use in harmony with the uses permitted by righl in the district?
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Whal additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? {J (j ...,c..
How will this use promote the public health. safety, and general welfare of the community? ft ~4. J-k".....
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Describe your request in detail and include all pertinent information such as the numbers of persons
. involved in the use, operating hours, and any unique features of the use:
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ATTACHMENTS REQUIRED - pr~vide two(2) copies of each:
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1.
Recorded plat or boundary survey of the property requested for the rezoning. If there is
no recorded plat or boundary survey, please provide legal description of the property and
the Deed Book and page number or Plat Book and page number.
o
2.
Note: If you are requesting a special use permit only for a portion of the property, it
needs to be described or delineated on a copy of the plat or surveyed drawing.
Ownership information .- If ownership of the property is in the name of any type of legal
entity or organization including, but not limited to, the name of a corporation, partnership
or association, or in the name of a trust, or in a fictitious name, ~ document acceptable to
the County must be submitted certifying that the person signing below has the authority
to do so.
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If the applicant is a contract purchaser, a document acceptable to the County must be
submitted containing the owner's written consent to the application.
If the aeplicant is the agent of the owner, a documenJ acc~table to the County must be
submitted that is evidence of the existence and scope of the agency.
OPTIONAL ATTACHMENTS:
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o
3.
4.
Drawings or conceptual plans, if any.
Additional Information, if any.
I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in
filing this application. I also certify that the information provided is true and accurate to the best of my
~~Vw 1-cJ7-6o
sig iure~ Date <:;/1-7; '-, ~
J (IV\, Nz 6/"i?'j
T_~_:~ =p_.~"'-\JC:S~ ~ 97~~37 71- ~.
Printed Name Daytime phone number of Signatory
10
JAMES A. MORRIS
,"""""
June 1, 2000
MEMO: I. James A. Morris authorize Lane Bonner and lvo Romenes-
ko to amend and apply for a special use permit: T.!lx Map 61, Parcel
13A.
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James A. Morris
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P.O. Box 4002 Charlottesville, Virgirua 22903-0837
Office (804) 977-7743 Fax (804) 977-2765 Email: jm2525@ao1.com.
11
MEMO
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To:
Ms. Jan Sprinkle
Deputy Zoning Administrator
Albemarle County Zoning Department
401 McIntire Road
Charlottesville, VA 22901 i ~ . /)
Ivo Romenes~jV'{ / ...L---;t:
June 1,2000
From:
Date:
RE:
Special Use Permit Application - SP 2000-35
Roslyn Ridge Office
Tax Map 61-13A
Proposed Use:
We propose a two story plus attic and basement mixed use building. The uses proposed include
first and second floor professional office space with two one bedroom residential apartment units
in the attic area. The office and apartment suites will be rented to multiple tenants. We
anticipate typical office tenant occupancy of up to one person per 200 square feet of usable floor
area. For apartment occupancy we anticipate one or two persons per unit. The basement will be
unfinished and house mechanical equipment for the building.
/""~-_..
Proposed Hours of Operation:
Conventional office hours ranging from 8:00 a.m. to 6:00 p.m. Monday through Friday are
anticipated. Some Saturday office hours may be needed by individual tenants. No leases have
been signed at this time. Residential unit hours are expected to be conventional evening usage
and limited daytime usage.
Exterior Design:
We propose to amend the existing special use design. Our proposed building exterior will be of
transitional design, brick veneer, with a hip style long-life composition. shingle roof. A
conceptual drawing will be provided.
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ATTACHMENT C
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JACK JOUETT t RIVANNA AND
CHARLOTTESVILLE DISTRICTS.
SECTION
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61
,IUT ;jnowtng Survey of
0.678 Ac. 0.1 Land
The Property 0.1 WillIam
Located on State Route
About J.5Mlles North I
Albemarle County
Virginia
Bascom. Inc.
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Charlottesville
Scale f ," c 40'
Oecember 23 I 1986
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A IT ACHMENT D
COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
FAX (804) 972-4126
TElEPHONE (804) 296-5832
TID (804) 972-4012
MEMORANDUM
TO: Dan.Mahon, Planning Technician
FROM: Jan Sprinkle, Chief of Zoning Administration
DATE: 07/10/00
RE: SP-OO-35, Roslyn Ridge Office
,"""'"
There are no special restrictions on the SP for office in the R10 district. However, the prior SP
stated the intention to construct one 8000 square foot building that would architecturally resemble
the surrounding single family homes. SP 98~38 was conditioned to be in general accord with an
elevation presented in that file. No such elevation has accompanied this application. Since that was
previously conditioned, we would like to have the applicant address the issue and if possible, submit
;:l rendering of the building to reference as a condition.
SP 98-38 was also conditioned to be limited to two-stories. This amended proposal requests 3
stories plus basement. It also has added two apartments in the third stol}' which require additional
parking (3 or 4 more spaces.) The rejected site plan noted only parking for a "net" office area and no
parking for the residential use and no mention of attic or basement uses. If requested, the
commission may authorize cooperative parking under section 4.12.4 by reason of different hours of
normal activity. However, since zoning cannot comment on the number of required parking spaces
at this time, it may be more prudent to wait until the precise square footage of the different uses is
noted on the site plan to make decisions on parking.
Normally, I recommend that any commercial use in a residential district be required, as a
condition of the special use permit, to use the commercial setbacks of Section 21.7. However, in
this case, the site is quite small and has two long property lines adjacent to residential zones which
require 50' building setbacks. With the 3D' front setback, there would be vel}' little usable space.
Therefore, during the last SP review, the setbacks were modified to allow only a 15' setback adjacent
to the residential districts and a 25' front adjacent to Hydraulic Road. The rejected site plan for this
review shows the site reversed with the building close to the road and the parking close to the
residential districts. This introduces more noise and activity to the residential area. It appears that
to locate the building and parking close to the property line, some grading and excavation will occur
within the buffer area. With that in mind, perhaps, the 51> could condition additional screening or
r-.
17
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fencing or some special treatment that would normally be allowed in a conunercial district under
21.7.3 to protect the adjacent residential development. These extra requirements can only be applied
now through the legislative process. The site plan review will only cover the standard required
screening from ~32.7.9.8. The prior condition read:
1. A buffer strip, a minimum 15 feet in width shall be maintained along both abutting property
lines, with landscaping and screening to be approved with the site plan in accordance with Section
32.7.9. The buffer strip abutting Garden Court shall be undisturbed, with existing trees within the
buffer preserved and incorporated into the landscape plan. A six foot high opaque fence shall be
placed between the parking lot and.the Townwood units.
Zoning would recommend using the fencing all the way around the parking area as wen as
maintaining as many of the existing trees as possible.
We would also reconunend a condition on lighting:
2. All outdoor lighting shall be arranged or shielded to reflect . light away from adjoining residential
districts and away from adjacent streets.
18 ~...
2
I"'"
August9,2000
Harold L. Bare
Covenant Church of God
1025 East Rio Road
Charlottesville, VA 22901
HE: ZMA-00-001 Covenant Church (Sign #48)
Tax. Map 61, Parcel 156
Dear Pastor Bare:
The Albemarle County Planning Commission, at its meeting on August 1, 2000, unanimously
,....\ recommended approval of the above-noted petition to the Board of Supervisors. Please note
that this approval is subject to the attached proffer.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive publiC comment at their meeting on August 16, 2000. Any new or additional
information regarding your application must be submitted to the Clerk of the Board of
Supervisors at least seven days prior to your scheduled hearing date.
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
Sincerely,
~~~
David B. Benish
Chief of Planning & Community Development
DBB/jcf
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OPSh
liFER-VIS
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Cc: Ella Carey
Amelia McCulley
Jack Kelsey
Steve Allshouse
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____.____~..........,'f 1>..1'
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PROFFER FORM
,~,
Date: June 20. 2000
ZMA#: 00-001
Tax Map and Parcel Number(s): 61-154C
0.611 Acres to be rezoned from C-I to CO
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly
authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to
the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it
is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such
conditions have a reasonable relation to the rezoning request.
1. The uses permitted on the property shall be limited to those permitted by right in Sections
23.2.1.4,23.2.1.7 and 23.2.1.8, and those permitted by special use permit in Section
23.2.2, of the Albemarle County Zoning Ordinance, as they were in effect June 14,2000.
Copies of the cited sections are attached hereto.
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Signatures of All Owners
g~ro(cl \-1c...~c.. ) I~
Printed Names of All Owners
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Date
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11 ~('Y\ (', n.. p.:g (l...JO,-.. (1;;)0 10')
'S. Su."'tt IY~_ 7f::;lOIo=:J
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Signature of Attorney-in-Fact
(Attach Proper Power Of Attorney)
Printed Name of Attorney-in-Fact
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23.2.1 BY RIGHT
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4. Churches, cemeteries.
7. Electric, gas, oil and communication facilities, excluding
tower structures and including poles, lines, transformers,
pipes, meters and related facilities for distribution of
local service and owned and operated by a public utility.
Water distribution and sewerage collection lines, pumping
stations and appurtenances owned and operated by the
Albemarle County Service Authority. Except as otherwise
expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code
of Albemarle and all other applicable law. (Amended 5-12-
93)
1"",
8. Public uses and buildings including temporary or mobile
facilities such as schools, offices, parks, playgrounds and
roads funded, owned or operated by local, state or federal
agencies (reference 31.2.5) i public water and sewer
transmission, main or trunk lines, treatment facilities,
pumping stations and the like, owned and/or operated by the
Rivanna Water and Sewer Authority (reference ~1.2.5;
5 . 1 . 12). (Amended 11-1- 8 9)
23.2.2 BY SPECIAL USE PERMIT
2. Funeral homes.
1"""".
7
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COUNTYOFALBE~E
EXECUTIVE SUMMARY
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AGENDA TITLE: Covenant Church (ZMA 2000-001)
SUBJECTIPROPOSALIREOUEST: Proposal to rezone a 0.611-acre strip
ofland to CO, whichwas misadvertised and subsequently miszoned to C-1 by
County Staffin 1994. Property, described as Tax Map 61, Parcel 154C, is
located on the north side of Rio Road East, east of the existing railroad
(Attachment A). The subject site is the existing Covenant Church. This
property is located in the Rivanna Magisterial District and is designated for
Neighborhood Service in Urban Neighborhood 2 of the Comprehensive Plan.
AGENDA DATE:
Planning Commission: August 1,2000
Board of Supervisors: August 16, 2000
ITEM NUMBER:
ACTION: YES
INFORMATION:
ATTACHMENTS: Yes
The applicant proposes to connect to private sewage treatment facility in the
event of system failure.
REVIEWED BY: VWC
STAFFCONT ACT(S):
Eric Morrisette, AICP
BACKGROUND: This application originally included a ZMA 2000-001 rezoning request of 0,6 acres from R-4 to CO [Tax Map
61, Parcel 156]. With that request, County Staff requested that the applicant include a request to rezone 0.611 acres from C-1 to
CO, which is located on the northeastern side of the property (Tax Map 61, Parcel 154C). The Board of Supervisors approved both
rezoning requests on June 14,2000. Since then, Planning Staff noticed. that the wrong parcel number for the 0.611-acre strip ofland
was identified in the report, as well as the public advertisement. Therefore, this rezoning request seeks to clarify the correct parcel
number for the rezoning.
~DISCUSSION: The subjectO;611-acre strip ofland was originally zoned R-4. Attachment B is a copy of the survey depicting the
0.611 acres. In 1994, the Board of Supervisors unanimously approved a request to rezone the same 0.611 acres from R-4 tp C)
[ZMA 94-08]. Although the Board of Supervisors acted on a request to rezone the property to CO, the County action letter
misprinted the action as a rezoning to C-l. Therefore, the 0.611 acres had been incorrectly zoned as C-l for the past six years.
Attachment C is a copy of the approval letter for ZMA 94-08.
On June 14,2000 the Board of Supervisors heard a request to rezone the 0.611 acres from C-1 to CO. Although the display and
the survey attachment correctly identified the subject parcel as Tax Map 61, Parcel 154C, the report referenced it as Tax Map 61,
Parcel 155. The Board's approval referenced the property as described by staff in the report. Therefore, it is the opinion of the
County Attorney that Parcel 154C did not get correctly rezoned to CO.
Planning staff believes that it was the intent of the board of Supervisors to rezone the 0.611-acre strip ofland to CO at both the 1994
and the June 14,2000 actions. Staffhas reviewed the minutes of both public hearings and has not identified any conflicts with either
of the rezoning requests. Therefore, staff recommends approval of the rezoning, with the proffers that are in accord with proffers
on the remaining CO zoned property. The signed proffers are attached as attachment D.
RECOMMENDATION: Approval to rezone 0.611 acres on Tax Map 61, Parcel 154C from C-l to CO with the following proffer:
1. The uses permitted on the property shall be limited to those permitted by right in Sections 23.2.1.4, 23.2.1.7, and 23.2.1.8, and
those permitted by special use permit in Section 23.2.2, of the Albemarle County Zoning Ordinance, as they were in effect June
14,2000. Copies of the cited sections are attached hereto.
ATTACHMENTS:
I"""'A - Tax Map
13 - Survey ofO.611-acre on Tax Map 61, Parcel 154C
C - ZMA 94-08 Approval Letter
D - Copy of Signed Proffers
E - Proffered By-Right and Special Use Permit Uses
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ATTACHMENT C
COUNTY OF ALBEMARLE
Dept of Planning & Community Development
401 Mcintire Road
Charlottesville, Virginia 22902-4596
(804) 296.5823
August 1. 1994
Covenant Church of God
A TIN: Pastor Harold Bare
1025 East Rio Road
Charlottesville, VA 2290 I
RE: ZMA-94-08 Covenant Church
Dear Pastor Bare:
/""',
The Albemarle County Board of Supervisors, at its meeting on July 20, 1994. approved the above-noted
request to rezone 0.611 acres from R-4 to C-l (proffered). This approval is subject to the following proffer
(outlined in letter dated May 23, 1994 to William D. Fritz, Senior Planner, County of Albemarle, from Harold
L. Bare, Sr., Pastor, Covenant Church):
"The church proffers that uses of the property being requested for rezoning shall be similar to those
submitted for ZMA-90-28. That is, uses shall be restricted to those uses listed under Section 23.2.1,
items 4, 7, 8 and those uses listed under Section 23.2.2."
If you should have any questions or commentS regarding this action, please do not hesitate to contact me.
Sincerely,
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Director.ofPlanning & co~velopment
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VWC/jcw
cc: Amelia McCulley
10 Higgins
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A TT ACHMENT D
PROFFER FORM
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Date: June 20. 2000
ZMA#: 00-00 I
Tax Map and Parcel Number(s): 61-154C
0.611 Acres to be rezoned from C-I to CO
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 re.zoning 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 request.
I. The uses permitted on the property shall be limited to those permitted by right in Sections
23.2.1.4,23.2.1.7 and 23.2.1.8, and those permitted by special use permit in Section
23.2.2, of the Albemarle County Zoning Ordinance, as they were in effect June 14,2000.
Copies of the cited sections are attached hereto.
JI)'rJA4 ?/ ~~
Signatures of All Owners
JA~rot.d l.JG-~Cc J'~
Printed Names of All Owners
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Date
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Signature of Attorney-in-Fact
(Attach Proper Power Of Attorney)
Printed Name of Attorney-in-Fact
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A TT ACHMENT E
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23.2.1 BY RIGHT
4. Churches, cemeteries.
7. Electric, gas, oil and communication facilities, excluding
tower structures and including poles, lines, transformers,
pipes, meters and related facilities for distribution of
local service and owned and operated by a public utility.
Water distribution and sewerage collection lines, pumping
stations and appurtenances owned and operated by the
Albemarle County Service Authority. Except as otherwise
expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code
of Albemarle and all other applicable law. (Amended 5-12-
93)
""""
8. Public uses and buildings including temporary or mobile
facilities such as schools, offices, parks, playgrounds and
roads funded, owned or operated by local, state or federal
agencies (reference 31.2.5); public water and sewer
transmission, main or trunk lines, treatment facilities,
pumping stations and the like, owned and/or operated by the
Rivanna Water and Sewer Authority (reference 31.2.5;
5.1.12). (Amended 11-1-89)
23.2.2 BY SPECIAL USE PERMIT
2. Funeral homes.
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7
To:
From:
Subject:
Date:
Members, Beard cf Supervisas
Ella WashingtOl Carey, 0VlC, Oerk
Reading List fa- August 16, 2000
August I I , 2000
March I, 2000
April 12, 2000
MEMORANDUM
Pages I - 17 (end Item 10) - Mr. Ctrrier
Mr. Ctrrier
April 18, 2000 (A)
/el.N:.
Mr. Martin
.