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Home My WebLink About2004-12-08 BOARD OF SUPERVISORS DECEMBER 8, 2004 COUNTY OFFICE BUILDING Meeting Room 235 Urbanization and Subdivision Text Amendment Work Session 1. Call to Order. 2. 4:00 Further Discussion of "Urbanizing County" Level of Service - Staff presentation 3. 4:30 Discussion of Subdivision Text Amendment - DISC II - Blue Ridge Homebuilders 4. 5:00 Board Discussion, Direction 5. 5:30 Recess t BOARD OF SUPERVISORS FIN A L DECEMBER 8, 2004 COUNTY OFFICE BUILDING 4:00 P.M., MEETING ROOM 235 1 . Call to Order. 2. Work Session: Comprehensive Revision of Subdivision Ordinance (STA-2001-08). 3. Recess. 6:00 P.M., MEETING ROOM 241 4. Reconvene. 5. Pledge of Allegiance. 6. Moment of Silence. 7. From the Public: Matters Not Listed on the Agenda. 8. Consent Agenda (on next page). 9. Appeal: SDP-2004-495. Wood. T. E. (Ntelos/Arrowhead) - Tier II PWF. Request for installation of personal wireless service fac to replace existing fac approved as SP-1998-09. Lease area loc on TM 88, P 26, containing approx 71.34 acs. Znd RA & EC. Loc on Arrowhead Valley Rd (Rt 745) E of intersect w/Rt 29 S. Samuel Miller Oist. 10. Public Hearing: Ordinance to amend Acquisition of Conservation Easements (ACE) Program's application deadline and delete related deadlines. 11. ZMA-2004-015. Boars Head Inn and Sports Club (Sians #70.71&72). Public hearing on a request to rezone approxi 10.6 acs from R-1 to HC to allow new indoor & outdoor tennis courts at existing Boar's Head Inn & Sports Club. TM 5902, Sec 1, P 15 & TM 75 P 63 (portion). Znd R-1 & HC. Loc on S side of Ivy Rd (Rt 250 W), just W of entrance to Ednam & S of Boar's Head Inn. (The Comp Plan designates this property as Office Service in Neighborhood 6.) Samuel Miller Oist. 12. ZTA-2004-04. Groundwater. Public hearing on an ordinance to amend Section 31.2.2, Building Permits, add Section 32.5.7, Groundwater Assessment Information, and amend Section 35.0, Fees, of Chapter 18, Zoning, of the Albemarle County Code. The amendment to section 31.2.2 would prohibit issuance of a building permit for any structure to be served by an individual well located on a qualifying lot of record until the applicant submits the groundwater assessment information (including a well drilling completion report) required by Albemarle County Code § 17- 401. Section 32.5.7 would require that developers submit with each preliminary site plan the groundwater assessment information required by Albemarle County Code §§ 17-403 or 17-404, as applicable. The amendment to section 35.0 would impose fees to cover the cost of services rendered by the County in reviewing and approving the information, reports, documents and plans required to be submitted under sections 31.2.2 and 32.5.7, and other expenses incident to the administration of the Zoning Ordinance related thereto. The fees for the groundwater assessment information required by sections 31.2.2 and 32.5.7 are as follows: groundwater assessment information under Albemarle County Code § 17-401: $50.00; groundwater assessment information under Albemarle County Code § 17-403: $400.00 plus $25.00 per lot; groundwater assessment information under Albemarle County Code § 17-404: $1,000.00. The ordinance would become effective February 8, 2005. The proposed fees are authorized by Virginia Code § 15.2-2286(A)(6). 13. STA-2004-02. Groundwater. Public hearing on an ordinance to amend Section 14-203, Fees, add Section 14-308.1, Groundwater Assessment Information, to Chapter 14, Subdivision of Land, of the Albemarle County Code. Section 14-308.1 would require that groundwater assessments required by Albemarle County Code § 17-402 would begin in conjunction with the submittal of the preliminary plat, that draft groundwater management plans and acquifer testing workplans required by Albemarle County Code §§ 17-403 and 17-404, as applicable, would be submitted in conjunction with the submittal of the preliminary plat, and that all such assessments and plans . ~ would be satisfactorily completed prior to final plat approval. The amendment to section 14-203 would impose fees to cover the cost of services rendered by the County in reviewing and approving the groundwater assessments, groundwater management plans and acquifer testing workplans required to be submitted under section 14-308.1, and other expenses incident to the administration of the Zoning Ordinance related thereto. The fees for the groundwater assessment information required by section 14-308.1 are as follows: groundwater assessment under Albemarle County Code § 17-402: $250.00 plus $25.00 per lot; groundwater assessment information under Albemarle County Code § 17-403: $400.00 plus $25.00 per lot; groundwater assessment information under Albemarle County Code § 17-404: $1,000.00. The ordinance would become effective February 8, 2005. The proposed fees are authorized by Virginia Code § 15.2-2241 (9). 14. WPO. Groundwater. Public hearing on an ordinance to amend Section 17-102, Purposes, and to add Sections 17-400, Applicability, 17-401, Tier 1 assessments, 17-402, Tier 2 assessments, 17 -403, Tier 3 assessments, 17-404, Tier 4 assessments, and 17-405, Fees, to Chapter 17, Water Protection, of the Albemarle County Code. The purpose of this ordinance is to promote the long-term sustainability of groundwater resources by requiring that certain land development approvals (building permits, subdivision plats, site plans) and central water supplies that will rely on privately owned wells serving as the primary source of potable water be subject to a groundwater assessment. The nature of the land development approval will determine which of four tiers of groundwater assessment will be required (Sections 17-401 through 17-405). The required groundwater assessments range from drilling a well on the lot and submitting required information to the County's program authority (e.g., as a prerequisite to issuance of a building permit for a new structure on a lot of record less than 21 acres), to reviewing and evaluating data, to submitting for approval a groundwater management plan meeting the applicable requirements (e.g., prior to approval of a preliminary subdivision plat creating 4 or more lots where at least 3 of the lots are 5 acres or less). Satisfactorily completing the applicable requirements of the groundwater assessment would become a prerequisite to the land development approval. Section 17-405 would require that each owner seeking approval of an assessment pay the applicable fee imposed by Albemarle County Code § 18-35.0 (zoning) and Albemarle County Code § 14-203 (subdivisions). The ordinance would become effective February 8,2005. 15. From the Board: Matters Not Listed on the Agenda. 16. Adjourn. CONSENT AGENDA FOR APPROVAL: 8.1 Resolution Supporting Dredging of the Rivanna Reservoir. 8.2 SP-2004-0016. Forest Lakes North Swim and Tennis Club (Signs #23&94) (deferred from November 3, 2004). 8.3 SP-2004-0017. Forest Lakes South Swim and Tennis Club (Signs #18) (deferred from November 3, 2004). FOR INFORMATION: 8.4 Copy of letter dated November 18, 2004 from John Shepherd, Manager of Zoning Administration, to Brian S. Ray, re: Official Determination of Development Rights and Parcels - Tax Map 37, Parcel 6 (property of George Frost) - Section 10.3.1. 8.5 Copy of draft minutes of the Development Areas Initiative Steering Committee II (DISC) meeting of November 30,2004. BOARD OF SUPERVISORS TENTATIVE DECEMBER 8, 2004 COUNTY OFFICE BUILDING 4:00 P.M., MEETING ROOM 235 1 . Call to Order. 2. Work Session: Comprehensive Revision of Subdivision Ordinance (STA-2001-08). 3. Recess. 6:00 P.M., MEETING ROOM 241 4. Reconvene. 5. Pledge of Allegiance. 6. Moment of Silence. 7. From the Public: Matters Not Listed on the Agenda. 8. Consent Agenda (on next page). 9. Appeal: SDP-2004-495. Wood. T. E. (Ntelos/Arrowhead) - Tier II PWF. Request for installation of personal wireless service fac to replace existing fac approved as SP-1998-09. Lease area loc on TM 88, P 26, containing approx 71.34 acs. Znd RA & EC. Loc on Arrowhead Valley Rd (Rt 745) E of intersect w/Rt 29 S. Samuel Miller Dist. 10. Public Hearing: Ordinance to amend Acquisition of Conservation Easements (ACE) Program's application deadline and delete related deadlines. 11. ZMA-2004-015. Boars Head Inn and Sports Club (Sians #70.71&72). Public hearing on a request to rezone approxi 10.6 acs from R-1 to HC to allow new indoor & outdoor tennis courts at existing Boar's Head Inn & Sports Club. TM 59D2, Sec 1, P 15 & TM 75 P 63 (portion). Znd R-1 & HC. Loc on S side of Ivy Rd (Rt 250 W), just W of entrance to Ednam & S of Boar's Head Inn. (The Comp Plan designates this property as Office Service in Neighborhood 6.) Samuel Miller Dist. 12. ZTA-2004-04. Groundwater. Public hearing on an ordinance to amend Section 31.2.2, Building Permits, add Section 32.5.7, Groundwater Assessment Information, and amend Section 35.0, Fees, of Chapter 18, Zoning, of the Albemarle County Code. The amendment to section 31.2.2 would prohibit issuance of a building permit for any structure to be served by an individual well located on a qualifying lot of record until the applicant submits the groundwater assessment information (including a well drilling completion report) required by Albemarle County Code § 17- 401. Section 32.5.7 would require that developers submit with each preliminary site plan the groundwater assessment information required by Albemarle County Code §§ 17-403 or 17-404, as applicable. The amendment to section 35.0 would impose fees to cover the cost of services rendered by the County in reviewing and approving the information, reports, documents and plans required to be submitted under sections 31.2.2 and 32.5.7, and other expenses incident to the administration of the Zoning Ordinance related thereto. The fees for the groundwater assessment information required by sections 31.2.2 and 32.5.7 are as follows: groundwater assessment information under Albemarle County Code § 17-401: $50.00; groundwater assessment information under Albemarle County Code § 17-403: $400.00 plus $25.00 per lot; groundwater assessment information under Albemarle County Code § 17-404: $1,000.00. The ordinance would become effective February 8, 2005. The proposed fees are authorized by Virginia Code § 15.2-2286(A)(6). 13. STA-2004-02. Groundwater. Public hearing on an ordinance to amend Section 14-203, Fees, add Section 14-308.1, Groundwater Assessment Information, to Chapter 14, Subdivision of Land, of the Albemarle County Code. Section 14-308.1 would require that groundwater assessments required by Albemarle County Code § 17-402 would begin in conjunction with the submittal of the preliminary plat, that draft groundwater management plans and acquifer testing workplans required by Albemarle County Code §§ 17-403 and 17-404, as applicable, would be submitted in conjunction with the submittal of the preliminary plat, and that all such assessments and plans would be satisfactorily completed prior to final plat approval. The amendment to section 14-203 would impose fees to cover the cost of services rendered by the County in reviewing and approving the groundwater assessments, groundwater management plans and acquifer testing workplans required to be submitted under section 14-308.1, and other expenses incident to the administration of the Zoning Ordinance related thereto. The fees for the groundwater assessment information required by section 14-308.1 are as follows: groundwater assessment under Albemarle County Code § 17-402: $250.00 plus $25.00 per lot; groundwater assessment information under Albemarle County Code § 17-403: $400.00 plus $25.00 per lot; groundwater assessment information under Albemarle County Code § 17-404: $1,000.00. The ordinance would become effective February 8, 2005. The proposed fees are authorized by Virginia Code § 15.2-2241 (9). 14. WPO. Groundwater. Public hearing on an ordinance to amend Section 17-102, Purposes, and to add Sections 17-400, Applicability, 17-401, Tier 1 assessments, 17-402, Tier 2 assessments, 17-403, Tier 3 assessments, 17-404, Tier 4 assessments, and 17-405, Fees, to Chapter 17, Water Protection, of the Albemarle County Code. The purpose of this ordinance is to promote the long-term sustainability of groundwater resources by requiring that certain land development approvals (building permits, subdivision plats, site plans) and central water supplies that will rely on privately owned wells serving as the primary source of potable water be subject to a groundwater assessment. The nature of the land development approval will determine which of four tiers of groundwater assessment will be required (Sections 17-401 through 17-405). The required groundwater assessments range from drilling a well on the lot and submitting required information to the County's program authority (e.g., as a prerequisite to issuance of a building permit for a new structure on a lot of record less than 21 acres), to reviewing and evaluating data, to submitting for approval a groundwater management plan meeting the applicable requirements (e.g., prior to approval of a preliminary subdivision plat creating 4 or more lots where at least 3 of the lots are 5 acres or less). Satisfactorily completing the applicable requirements of the groundwater assessment would become a prerequisite to the land development approval. Section 17-405 would require that each owner seeking approval of an assessment pay the applicable fee imposed by Albemarle County Code § 18-35.0 (zoning) and Albemarle County Code § 14-203 (subdivisions). The ordinance would become effective February 8,2005. 15. From the Board: Matters Not Listed on the Agenda. 16. Adjourn. CONSENT AGENDA FOR APPROVAL: 8.1 Resolution Supporting Dredging of the Rivanna Reservoir. 8.2 SP-2004-0016. Forest Lakes North Swim and Tennis Club (Signs #23&94) (deferred from November 3, 2004). 8.3 SP-2004-0017. Forest Lakes South Swim and Tennis Club (Signs #18) (deferred from November 3, 2004). FOR INFORMATION: 8.4 Copy of letter dated November 18, 2004 from John Shepherd, Manager of Zoning Administration, to Brian S. Ray, re: Official Determination of Development Rights and Parcels - Tax Map 37, Parcel 6 (property of George Frost) - Section 10.3.1. 8.5 Copy of draft minutes of the Development Areas Initiative Steering Committee II (DISC) meeting of November 30, 2004. ACTIONS Board of Supervisors Meetings December 17, 2004 AGENDA ITEM/ACTION ASSIGNMENT JOINT MEETING WITH LEGISLATORS - DECEMBER 7, 2004 1. Call to Order. Meeting was called to order at 3:00 p.m., by the Chairman, Mr. Donier. All BOS members were present. Also present were Bob Tucker, Larry Davis and Ella Carey. · HELD. · At 4:16 p.m., the meeting was adjourned until 4:00 p.m., December 8, 2004. DECEMBER 8, 2004 1. Call to Order. · Meeting was called to order at 4:00 p.m., by the Chairman, Mr. Dorrier. All BOS members were present. Also present were Bob Tucker, Larry Davis and Ella Carey. 2. Work Session: Comprehensive Revision of Subdivision Ordinance (STA-2001-08). · HELD. Next work session scheduled for January 2005. 3. Recess. · The Board recessed at 5:33 p.m. 4. Reconvene. · The meeting was called back to order at 6:00 p.m., by the Chairman, Mr. Dorrier. 7. From the Public: Matters Not Listed on the Agenda. · There were none. 8.1 Resolution Supporting Dredging of the Rivanna Countv Executive: Proceed as directed. Reservoir. · CONSENSUS that a work session be scheduled with Mr. Frederick, RWSA, and the consultants on all the water supply alternatives. The Board also indicated a desire to visit a dredging operation that would be similar to the Rivanna Reservoir site. 8.2 SP-2004-0016. Forest Lakes North Swim and Clerk: Set out condition of approval. Tennis Club (Signs #23&94) (deferred from (Attachment 1) November 3, 2004). 8.3 SP-2004-0017. Forest Lakes South Swim and Tennis Club (Signs #18) (deferred from November 3, 2004). · APPROVED SP-2004-0016 and SP-2004- 0017, by a vote of 6:0, subject to one condition. 9. Appeal: SDP-2004-095. Wood. T. E. (Ntelosl SteDhen Waller: Notify applicant of Board's Arrowhead) - Tier II PWF action. · VOTED, 6:0, to uphold the decision of the Planning Commission to allow the installation of a Tier II Personal Wireless Service facility with a monopole that is not more than seven (1) feet in height above the tallest tree within twenty-five (25) feet. The Board DENIED the applicant's request for the proposed height of ten (10) feet above the tallest tree. 10. Ordinance to amend Acquisition of Conservation Clerk: Forward copy of signed Ordinance to Easements (ACE) Program's application deadline Ches Goodall and copy County Attorney's office and delete related deadlines. for inclusion in next update of County Code. · ADOPTED the proposed ordinance. (Attachment 2) 11. ZMA-2004-015. Boars Head Inn and SDorts Club Clerk: Set out proffers (Attachment 3) (Sians #70.71&72). · APPROVED ZMA-2004-015, by a vote of 6:0, as Droffered. 12. ZTA-2004-04. Groundwater. Clerk: Forward copy of signed Ordinance to · ADOPTED the proposed ordinance. Tamara Green and copy County Attorney's office for inclusion in next update of County Code. (Attachment 4) 13. ST A-2004-02. Groundwater. Clerk: Forward copy of signed Ordinance to · ADOPTED the proposed ordinance. Tamara Green and copy County Attorney's office for inclusion in next update of County Code. (Attachment 5) 14. WPO. Groundwater. Clerk: Forward copy of signed Ordinance to · ADOPTED the proposed ordinance. Tamara Green and copy County Attorney's office for inclusion in next update of County Code. (Attachment 6) 15. From the Board: Matters Not Listed on the Agenda. Clerk: Forward to Accounting for processing. Sallv Thomas: · Asked Board to consider an increase to the High Growth Coalition to fund a part-time director. The Board VOTED to approve the request to increase funding from $1,000 to $2,000. · The Board ADOPTED a resolution to authorize Clerk: Forward signed resolution to County aCQuisition of property. Attorney's office. (Attachment 7) 16. Adjourn. · The meetinQ was adjourned at 8:05 D.rn. lewc Attachment 1 - Conditions of Approval Attachment 2 - Ordinance - ACE Program Attachment 3 - ZMA-2004-015 Proffers Attachment 4 - Ordinance - ZTA-2004-04. Groundwater Attachment 5 - Ordinance - STA-2004-02. Groundwater Attachment 6 - Ordinance - WPO. Groundwater Attachment 7 - Resolution to Authorize Acquisition of Property ATTACHMENT 1 CONDITIONS OF APPROVAL Item 8.2. SP-2004-0016. Forest Lakes North Swim and Tennis Club (Signs #23&94) (deferred from November 3, 2004). Item 8.3. SP-2004-0017. Forest Lakes South Swim and Tennis Club (Signs #18) (deferred from November 3, 2004). 1. The use, as approved, shall be limited to the residents and guests of the following developments: Forest Lakes South, Springridge, Lanford Hills, Steeplechase, Amberfield, Cove Pointe, Edgewater, Gateway, Worthcrossing, Chelsea, Arbor Lake, Watertord, Watercrest, Copperknoll, Echo Ridge, Ridgefield, Poplar Ridge, Heather Glen, Whispering Woods, Tirnberwood, Timber Pointe, Autumn Woods. Any future residential developments contiguous to the developments listed, that are added to the Forest Lakes Community Association, may be permitted to use the facilities. The total number of additional dwelling units in future residential developments permitted to use the facilities shall not exceed one hundred twenty-five (125). ATTACHMENT 2 ORDINANCE NO. 04-A.1 (2) AN ORDINANCE TO AMEND APPENDIX A.1, ACQUISITION OF CONSERVATION EASEMENTS PROGRAM, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of SupelVisors of the County of Albemar1e, Virginia, that Appendix A.1 , Acquisition of ConselVation Easements Program, of the Code of the County of Albemarle is amended as follows: By Amending: Sec. A.1-110 Application and evaluation procedure. APPENDIX A.1. Acquisition of Conservation Easements Program Sec. A.1-110. Application and evaluation procedure. Each application for a conselVation easement shall be processed as follows: A. Application materials to be provided to owner. The application materials provided by the program administrator to an owner shall include, at a minimum, a standard application form, a sample deed of easement, and information about the ACE program. B. Application form. Each application shall be submitted on a standard form prepared by the program administrator. The application form shall require, at a minimum, that the owner: (i) provide the name of all owners of the parcel, the address of each owner, the acreage of the parcel, the Albemar1e County tax map and parcel number, the zoning designation of the parcel, and permission for the program administrator to enter the property after reasonable notice to the owner to evaluate the parcel and for the county assessor or an independent appraiser to appraise the property; and (iQ state his adjusted gross income for the three (3) prior tax years, as explained in section A.1-111(B). The application form shall also include a space for an owner to indicate that he volunteers to have the parcel be subject to greater restrictions than those contained in the standard sample deed of easement, and to delineate those voluntary, additional restrictions. C. Additional application information required by program administrator. The program administrator may require an owner to provide additional information deemed necessary to determine: (i) whether the proposed easement is eligible for purchase; and (ii) the purchase price of the easement. D. Submittal of application. Applications shall be submitted to the office of the program administrator. An application may be submitted at any time. However, applications received after October 31 shall be evaluated in the following year. E. Evaluation by program administrator. The program administrator shall evaluate each application received and determine within fifteen (15) days whether the application is complete. If the application is incomplete, the program administrator shall inform the owner in writing of the information that must be submitted in order for the application to be deemed complete. When an application is deemed complete, the program administrator shall determine whether the parcel satisfies the eligibility criteria set forth in section A.1-107 and, if it does, shall determine the number of points to be attributed to the parcel by applying the criteria set forth in section A.1-108. The program administrator shall then rank each parcel scoring at least fifteen (15) points, with the parcel scoring the most pOints being the highest ranked and descending therefrom, and submit the list of ranked parcels to the ACE committee. F. Evaluation and ranking by ACE committee. The ACE committee shall review the list of ranked parcels submitted by the program administrator and shall rank the parcels in the order of priority it recommends the easements shall be purchased. The committee shall then forward to the board of supervisors its recommendation of which conservation easements should be purchased. G. Evaluation and ranking by board of supervisors. The board of supervisors shall review the list of ranked parcels submitted by the ACE committee and identify on which parcels it desires conservation easements. The board shall then rank those parcels on which it will seek to purchase conservation easements. Nothing in this appendix shall obligate the board to purchase a conservation easement on any property that meets the minimum number of qualifying points. H. Appraisal of conservation easement value. Each conservation easement identified by the board of supervisors to be purchased shall be appraised either by the county assessor or by an independent qualified appraiser chosen by the county. Each completed appraisal shall be submitted to the program administrator and the owner. The program administrator shall forward each appraisal to the appraisal review committee, which shall review each appraisal and make recommendations thereon to the board of supervisors. I. Requirements and deadlines may be waived. Any requirement or deadline set forth in this appendix may be waived by the board of supervisors if, for good cause, it is shown that exigent circumstances exist to warrant consideration of an otherwise untimely application, or it is shown that the requirements unreasonably restrict the purchase of an easement. Under these circumstances, the board may purchase a conservation easement at any time it deems necessary and subject to only those requirements it deems appropriate. J. Reapplication. An owner whose parcel is not selected for purchase of a conservation easement may reapply in any future year. (Ord. 00-A.1(1), 7-5-00; Ord. 02-A.1(1), 12-11-02; Ord. 04-A.1(2), 12-8-04) ATTACHMENT 3 BOAR'S HEAD SPORTS CLUB ZMA 2004-0015 PROFFER STATEMENT The following parcels are subject to rezoning application ZMA 2004-0015 and thus to this proffer statement: tax map parcel 05902-01-00-01500 and the portion of tax map parcel 07500-00-0Q..06300 shown as Parcel "X" containing 1.774 acres, on a proposed subdivision plat prepared by Thomas B. Lincoln Land Surveyor, Inc. entitled "Subdivision Plat Showing Parcel "X" - - Being a Portion of Tax Map 75 Parcel 63 Hereby Added to and Becoming a Portion of Tax Map 590(2) Parcel 1-15, Samuel Miller District, Albemar1e County, Virginia," which subdivision plat is dated November 16, 2004, and is attached hereto as Exhibit A (collectively, the "Property"). The Applicant is University of Virginia Host Properties, Inc. The owner of tax map parcel 05902-01-00-01500 is University of Virginia Host Properties, Inc. The owner of tax map parcel 07500-00-00-06300 is the University of Virginia Foundation. For purposes of this proffer statement, University of Virginia Host Properties, Inc., and the University of Virginia Foundation are herein collectively referred to as the "OWner." The OWner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to rezone the portion of tax map parcel 059D2-01-00-01500 that is zoned R-1 Residential to Highway Commercial, and the portion of tax map parcel 07500-00-00-06300 shown as Parcel ·X" containing 1.774 acres on Exhibit A from R-1 Residential to Highway Commercial as requested, the OWner and its successors and assigns shall develop the Property in accord with the following proffers pursuant to Section 15.2-2298 of the Code of Virginia, 1950, as amended, and pursuant to Section 33.3 of the Albernar1e County Zoning Ordinance. These conditions are voluntarily proffered as part of the requested rezoning, and the OWner acknowledges that (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested. In the event the request is denied the proffers shall immediately be null and void and of no further force or effect. If the zoning is granted, these proffers and conditions will supersede all proffers now existing on the Property. 1. Development of the Property shall be in general accord with the plan entitled "Boar's Head Sports Club Conceptual Plan" prepared by the University of Virginia Foundation, dated November 22, 2004, containing two (2) pages, and attached hereto as Exhibit B (the "Development Plan"). The Oevelopment Plan shall not be construed to prohibit the realignment of the 14 existing outdoor tennis courts, subject to existing provisions of the Albemar1e County zoning ordinance, provided that the courts remain in the area marked "14 Existing Outdoor Courts" shown on the Development Plan. The OWner will break up the massing of the proposed improvements by dividing them into multiple segments and/or structures (or creating the appearance of multiple segments and/or structures with a terraced roof line) and then locating the different segments and/or structures at various final elevation levels, all as reasonably possible given the Property's site constraints and applicable regulations and ordinances. Unless specifically referenced on the Development Plan, or otherwise referenced in this proffer statement, all other plans and illustrations submitted as part of the Owner's rezoning materials shall be deemed illustrative only, and such plans and illustrations shall not be deemed proffers. The Owner reserves the right to develop the Property in phases, as shown on the Development Plan. 2. Within the Property, only the following uses shall be permitted by right, subject always to the express terms of this proffer statement: a) Pursuant to subsection 24.2.1 of Section 24, HC highway commercial zoning district, of the Albernar1e County Zoning Ordinance, as those regulations exist on December 8, 2004, as set forth below: Section 24.2.1 numbers 6,20,35,36,37,41,42,44, and 45. b) Pursuant to subsection 22.2.1 of Section 22, C-1 Commercial zoning district, of the Albemar1e County Zoning Ordinance, as those regulations exist on December 8,2004, as set forth below: Section 22.2.1 numbers b.4, b.8, b.17, b.18, b.19, b.24, b.26, and b.27. The by-right uses of the Property that are permitted pursuant to sections 24.2.1 and 22.2.1 and pursuant to this Proffer Statement are shown below without strikethrough. Uses which will not be permitted on the Property (subject always to the express terms of this proffer statement) have been indicated by strikethrough. Any use classifications added to sections 24.2.1 and 22.2.1 after December 8, 2004 shall be uses which shall not be permitted on the Property. 24.2.1 BY RIGHT The following uses shall be permitted in any H-C district subject to the requirements and limitations of these regulations. The zoning administrator, after consultation with the director of planning and other appropliate officials, may permit as a use by light, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character and more specifically, similar in terms of locational requirements, operational charactelistics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as generally provided in section 34.0. 1. Al:ltomobile lal:lAaries. 2. Al:Itomobile, truck repair shops. 3. Automobile service stations (reference 5.1.20). 4. Building materials sales. 5. Chur-ches, cemeteries. 6. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). 7. Con~..enieAce stores. 8. liducational, technical and trade schools. 9. Factory outlet sales clothing and fabRe. 10. Feed and seed stores (reJerenGe 5.1.22). 11. Financial Institutions. 12. Fir-e EÐGinQYist:1er ancJ security proouct8, sales and service. 13. Fir-e and r-escue squad stations (reference 5.1.09). 14. Fl:lnernl :¡emes. 15. Furniture steres. Hi. Fooo and groGe!)' stores including such specialty shops as bakery, candy, milk cJispensary and wine and cheese st:1ops. 17. Home and bl:lsine66 services sl:lch as gral:lnds care, cleaning, æ<terminators, lancJscaping and other repair and maintenanGe services. 18. Hardware. 19. (Repealed 6381). 20. Hotels, motels and inns. 21. Light \\'arehol:lsing. 22. Machinery and equipment sales, serviGe and rental. 23. Mobile home and trniler salos and service. 24. Modular building sales. 25. Motor vehicle sales, service aAd rental. 26. N8'N automotive parts sales. 27. Newspaper publist:1iAg. 28. AdmiAistratwe, busiAe66 and proJe66ional offices. 29. Office and business machine sales and serviGe. 30. Eating establishment; fast food restaurants. 31. Retail nurseries aAd greeAt:1ouses. 32. Sale of majer recreational 8qUipmeAt and vehicles. 33. \j\.fayside staAds vegetable and agFicultyral produce (reJereAce 5.1.19). 3~. Wholesale distFibutien. 35. 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 Albernar1e County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemar1e and all other applicable law. (Amended 5-12-93). 36. 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). 37. Temporary construction uses (reference 5.1.18). 38. Indoor theateFE. 39. Heating oil sales and distribl:ltion (r:eferenGe 5.1.20). 40. Tempor-ary nonresidential mobile homes (reference 6.8-). (Added 3 5 86) 41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial, C-1. (Added 6-19-91; Amended 9-9-92) 42. Indoor athletic facilities. (Added 9-15-93) 43. FaRfler's market (r-eference 5.1.36-). (Added 10 11 95) 44. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 1 0-9-02) 45. Tier I and Tier II personal wireless services facilities (reference 5.1.40). (Added 10-13- 04) 22.2.1 BY RIGHT The following uses shall be permitted in any C-1 district, subject to the requirements and limitations of these regulations. The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character and more specifically, similar in terms of locational requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as generally provided in section 34.0. a. The following retail sales and service establishments: 1. Antique, gift, jewelry, notion and craft shops. 2. Clothing, apparel and shoe shops. 3. Department store. ~. Drug stor-e. pharmacy. á. Florist. 6. Food and grocery stores incll:lding sl:lch specialty shops as bake!)', candy, milk dispensary and wine and cheese shops. 7. Fl:lrniture and home appliances (sales and service). 8. HaFd\':are store. 9. Musical instruments. 10. Newsstands, magazines, pipe and tobacco shops. 11. Optical goods. 12. Photogra:}hic floods. 13. Visual and audio appliances. 1 ~. S:}ortiAfI goods. 15. Retail nUFSeries and greenhouses. b. The following services and public establishments: 1. Administrative, professional offices. 2. 8arber, beal:lty shops. 3. Churches, cemeteries. 4. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02). á. Financial institutions. 6. Fire and reSGye squad stations (refer:eRGe 5.1.09). 7. FI:JReral homes. 8. Health spas. 9. IR(;joor theatoFS. 10. LaI:JR(;jFies, dry cleaners. 11. Lal:JRdromat (prO'Ji(;jed that an attendaRt shall be OR duty at all hours during operation). 12. Libr-aries, museums. 13. NUlWfÎes, (;jay cafe C8Rters (Feference 5.1.06). 14. Eating establishments. 15. Tailor, seamstFess. 16. Automobile service stations (refereRce 5.1.20). 17. 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. (Amended 5-2- 93). 18. 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 11-1-9). 19. Temporary construction uses (reference 5.1.1). 20. D\4Jellings (FeferenC8 5.1.21). 21 . Meåiœl C8Rter. 22. Automobile, truck repair shop excluding body shop. (:\dded 6 3 81; amended 9 9--92) 23. Temporary nonresidential mobile homes (reference 5.8). (Added 3 5 86) 24. Indoor athletic facilities. (added 9-15-95) 25. Famlers' mar-ket (r-efereRC8 5.1.36). (Added 10 11 95). 26. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02) 27. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04) Notwithstanding that the above-referenced uses will not be permitted on the Property, this proffer statement shall not be interpreted to prohibit uses accessory to a health spa on the Property, which accessory uses shall expressly include, but not be limited to the following: indoor tennis courts, outdoor tennis courts, multi-sport courts, other recreational or fitness facilities, a restaurant, a snack bar, a "pro shop," administrative office space, and a child care facility. 3. Prior to the final approval of SDP 2004-00086, the Owner shall record the subdivision plat attached hereto as Exhibit A in the Clerk's Office of the Circuit Court of Albemar1e County, Virginia, to combine the portion of tax map parcel 07500-00-00-06300 shown on Exhibit A as Parcel "X" containing 1.774 acres, with tax map parcel 05902-01-00-01500. 4. Prior to issuance of a certificate of occupancy for the first improvement proposed by SDP 2004- 00086, the Owner shall submit for approval by the Zoning Administrator an Event Management Plan to provide adequate parking for the public during periodic public events at the Property, and further designed to avoid or minimize public parking in adjacent and nearby residential areas during such public events. Such a plan shall include a commitment by the Owner to provide adequate event parking at the Birdwood Golf Course parking lot (with access to the Property either by shuttle service or on foot along the golf course cart paths, at the discretion of the Owner), the large field at the northwest comer of Ednarn Drive and Boar's Head Point, and/or in other parking areas controlled by the Owner, each in the discretion of the Owner given the expected attendance at each particular event. Such a plan will also provide for the use of shuttle services as necessary given the size and nature of a particular event, for the use of adequate signage directing the public to permitted parking areas, and the use of appropriate personnel to direct the public to such permitted parking areas and to discourage or prohibit public parking in adjacent and nearby residential areas. This proffer statement may be signed in two or more counterparts, each of which shall be deemed an original, and which together shall constitute one and the same instrument. WITNESS the following signatures: UNIVERSITY OF VIRGINIA HOST PROPERTIES, INC. By: Robert G. Butcher, Jr., President UNIVERSITY OF VIRGINIA FOUNDATION By: Tim R. Rose, Secretary & Chief Executive Officer Exhibit A (Subdivision plat of Tom Lincoln Land Surveyor, Inc. dated November 16,2004 showing Parcel "X" containing 1.774 acres, a portion of tax map parcel 75-63 to be added to and combined with tax map parcel 59D(2)-1-15 will be attached to the final signed proffers) Exhibit B (Development Plan will be attached to the finsl signed proffers) ATTACHMENT 4 ORDINANCE NO. 04-18(4) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE IV, PROCEDURE, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemar1e, Virginia, that Chapter 18, Zoning, Article IV, Procedure, are hereby amended and reordained as follows: By Amending: Sec. 31.2.2 Building permits Sec. 35.0 Fees By Adding: Sec. 32.5.7 Groundwater assessment information Chapter 18. Zoning Article IV. Procedure Sec. 31.2.2 Building pennits The zoning administrator shall review each application for a building permit to ensure that the building or structure proposed is in accordance with the terms of this ordinance. No permit shall be issued for any construction for which a site development plan is required to be approved by the commission in accordance with section 32.0 of this chapter unless and until such plan shall have been so approved. Thereafter, any item shown on such plan as approved shall be deemed Drima facie in accordance with the terms of this ordinance. No permit shall be issued for any structure to be served by an individual well subject to a Tier 1 groundwater assessment under Albemar1e County Code § 17-400 until the applicant complies with Albemar1e County Code § 17-401. Each applicant shall provide a copy of the most recent plat of record of the land to be built upon unless no such plat exists, in which case the applicant shall provide a copy of the most recent deed description thereof. Any other information which the zoning administrator may deem necessary for consideration of the application may be required. If the proposed building or use is in conformity with the provisions of this ordinance, a permit shall be issued to the applicant by the zoning administrator. One (1) copy of the drawing shall be retumed to the applicant with the permit. (§ 31.2.2,12-10-80; Ord. 04-18(4),12-8-04, effective 2-8-05) Sec. 32.5.7 Groundwater assessment infonnation The draft groundwater management plans and aquifer testing workplans required by Albemar1e County Code §§ 17-403 and 17-404, as applicable, shall be submitted in conjunction with the submittal of the preliminary site plan. The requirements of Albemar1e County Code §§ 17-403 and 17-404 shall be satisfied prior to final site plan approval. (§32.5.7, Ord. 04-18(4), 12-8-04, effective 2-8-05) Sec. 35.0 Fees Except as herein otherwise provided, every application made to the zoning administrator, the commission, or the board of supervisors shall be accompanied by a fee as set forth hereinafter, to defray the cost of processing such application. Neither the County nor the School Board of Albemar1e County shall be required to pay any fee required by this section if it is the applicant. a. For a special use permit: 1 . Rural area division for the purpose of "family division" where all original 1980 development rights have been exhausted under "family division" as defined under section 18-56 ofthe subdivision ordinance - $220.00. (Amended effective 1-1-94) 2. Rural area divisions - $1,240.00. 3. Commercial use - $980.00. 4. Industrial use - $1,020.00. 5. Private club/recreational facility - $1,020.00. 6. Mobile home park or subdivision - $980.00. 7. Public utilities - $1,020.00. 8. Gradelfill in the flood plain - $870.00. 9. Minor amendment to valid special use permit or a special use permit to allow minor expansion of a non-conforming use -$110.00. (Amended effective 1-1-94) 10. Extending special use permits - $70.00. 11. Home Occupation-Class A - $13.00; Home Occupation-Class B - $440.00. 12. For day care centers - six (6) to nine (9) children - $490.00. (Added 6-3-92) 13. For day care centers - ten (10) or more children - $980.00. (Added 6-3-92) 14. All other uses except signs - $980.00. (Amended 7-8- 92) b. For amendment to text of zoning ordinance - $840.00. c. Amendment to the zoning map: 1. For planned developments - under 50 acres - $1,020.00. 2. For planned developments - 50 or more acres - $1,570.00. 3. For all other zoning map amendments - under 50 acres - $1,020.00. 4. For all other zoning map amendments - 50 or more acres - $1,570.00. 5. Minor amendment to a zoning map amendment - $220.00. d. Board of Zoning Appeals: 1. Request for a variance or sign special use permit - $120.00. (Amended 7-8-92) 2. For other appeals to the board of zoning appeals Qncluding appeals of zoning administrator's decision) - $120.00, to be refunded if the decision of the zoning administrator is overturned. e. Preliminary site development plan: 1. Residential- $1,190.00, plus $13.00/unit. 2. Non-residential- $1,580.00, plus $13.00/1000 square feet. f. Final site development plan: 1. Approved administratively - $410.00. 2. If reviewed by the commission before approval of preliminary site development plan - $1,130.00. 3. If reviewed by the commission after approval of the preliminary site development plan - $790.00. 4. For site development plan waiver - $270.00. 5. For site development plan amendment: a) Minor - alterations to parking, circulation, building size, location - $95.00. b) Major - commission review - $270.00. 6. Review of site development plan by the architectural review board - $200.00. 7. Appeal of site development plan to the board of super visors - $240.00. 8. Rehearing of site development plan by commission or board of supervisors - $190.00. 9. Rejection by agent of incomplete site development plan: a) Rejected within ten days - $200.00. b) Suspended after site plan review - site plan fee shall not be refunded. $65.00 fee shall be required to reinstate project. g. For relief from a condition of approval from commission or landscape waiver by agent - $180.00. h. Change in road or development name after submittal of site development plan: 1. Road - $20.00. 2. Development - $25.00. i. Extending approval of site development plan - $45.00. j. Granting request to defer action on site development plan, special use permit or zoning map amendment: 1. To a specific date - $35.00. 2. Indefinitely - $75.00. k. Bond inspection for site development plan, for each inspection after the first bond estimate - $60.00. I. Zoning clearance - $35.00. m. Accessory lodging permits - $35.00. n. Official Letters: 1. Of determination - $75.00. 2. Of compliance with county ordinances- $75.00. 3. Stating number of development rights - $40.00. o. Sign Permits: 1. Any sign, except exempted signs and signs requiring review by the architectural review board - $35.00. 2. Signs required to be reviewed by the architectural review board - $75.00. p. Review of groundwater assessment information required by sections 31.2.2 or 32.5.7: 1. Tier 1 assessment under Albemarte County Code § 17-401 - $50.00. 2. Tier 3 assessment under Albemarte County Code § 17-403 - $400.00 plus $25.00 per lot. 3. Tier4 assessment under Albemarte County Code § 17-404 - $1,000.00. In addition to the foregoing, the actual costs of any notice required under Chapter 22, Title 15.2 of the Code shall be charged to the applicant, to the extent that the same shall exceed the applicable fee set forth in this section. Failure to pay all applicable fees shall constitute grounds for the denial of any application. For any application withdrawn after public notice has been given, no part ofthe fee will be refunded. (Amended 5- 5-82; 9-1-85; 7-1-87; 6-7-89; 12-11-91 to be effective 4-1-92; 7- 8-92) (§ 35.0,12-10-80; 5-5-82; 9-1-85; 7-1-87; 6-7-89; 12-11-91 to be effective 4-1-92; 7- 8-92; *to be effective 1-1-94; Ord. 02-18(4), 7-3-02; Ord. 04-18(4), 12-8-04, effective 2-8-05) This ordinance shall be effective on and after February 8, 2005. ATTACHMENT 5 ORDINANCE NO. 04-14(1) AN ORDINANCE TO AMEND CHAPTER 14, SUBDIVISION OF LAND, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA, ARTICLE II, ADMINISTRATION AND PROCEDURE, AND ARTICLE III, PLAT REQUIREMENTS AND DOCUMENTS TO BE SUBMITTED BE IT ORDAINED By the Board of Supervisors of the County of Albernarte, Virginia, that Article II, Administration and Procedure, and Article III, Plat Requirements and Documents to be Submitted, of Chapter 14, Subdivision of Land, are hereby amended and reordained as follows: By Amending: Sec. 14-203 Fees. By Adding: 14-308.1. Groundwater assessment information. Chapter 14 Subdivision of Land Article II. Administration and Procedure Sec. 14-203 Fees. Except as otherwise provided herein, each subdivider shall pay a fee upon submittal of a plat or other request provided herein, In an amount according to the schedule set forth below. The fee shall be in the form of cash or a check payable to the "County of Albernarte." Neither the County nor the School Board of Albernarte County shall be required to pay any fee required by this section if it is the applicant. A. Preliminary plat for subdivision: 1. If subject to review by the commission: (a) 1 to 9 lots: $720.00. (b) 10t01910ts:$1,100.00. (c) 20 or more lots: $1,330.00. 2. If subject to review by the agent: (a) Two-lot subdivision as described in section 14-232(B)(1) or if all lots front on an existing public street: $95.00. (b) 1 to 9 lots: $360.00. (c) 10 to 19 lots: $550.00. (d) 20 or more lots: $670.00. 3. Reinstatement of review: $65.00. 4. Each filing of a preliminary plat, whether or not a preliminary plat for the same property has been filed previously, shall be subject to the same requirements. B. Final plat for subdivision: 1. If subject to review by the commission: (a) 1 to 9 lots: $720.00. (b) 10 to 19 lots: $1,100.00. (c) 20 or more lots: $1,330.00. 2. If subject to review by the agent: (a) Two-lot subdivision as described in section 14-232(B)(1) or if all lots front on an existing public street: $95.00. (b) 1 to 9 lots: $360.00. (c) 10 to 19 lots: $550.00. (d) 20 or more lots: $670.00. 3. Condominium plat: $100.00. 4. Reinstatement of review: $65.00. 5. In addition to the foregoing, if the subdivider is required to construct a public street or a private road, he shall pay to the county a fee equal to the cost of the inspection of the construction of any such street or road. These fees shall be paid prior to completion of all necessary inspections and shall be deemed a part of the cost of construction of the street or road for purposes of section 14-413(B). C. Plat for rural division: $95.00. D. Plat for family division: $95.00. E. Other matters subject to review: 1. Waiver, variation or substitution of subdivision requirements: $180.00. 2. Relief from plat conditions imposed by commission prior to the date of adoption of this chapter: $180.00. 3. Appeal of plat to board of supervisors: $240.00. 4. Extension of plat approval: $45.00. 5. Request to defer action on plat to an indefinite date: $75.00. 6. Bonding inspection for plat: $60.00. 7. Vacation of plat or part thereof: $170.00. 8. Review of groundwater assessment information required by section 14- 308.1: (a) Tier 2 assessment under section 17-402: $250.00 plus $25.00 per lot. (b) Tier 3 assessment under section 17-403: $400.00 plus $25.00 per lot. (c) Tier 4 assessment under section 17-404: $1,000.00. (9-5-96,12-11-91,6-7-89,4-17-85,12-1-82,12-14-77, 3-2-77,11-10-76,8-28-74 (§ 3); 1988 Code, § 18- 43; Ord. 98-A(1), 7-15-98; Ord. 99-14(1),6-16-99; Ord. 02-14(2), 7-3-02; Ord. 04-14(1), 12-8-04, effective 2-8-05) State law reference-Va. Code § 15.2-2241 (9). Article III. Plat Requirements and Documents to be Submitted Sec.14-308.1 Groundwater assessment information. Groundwater assessments required by section 17-402 shall be initiated by the program authority upon the submittal of the preliminary plat. The draft groundwater management plans and aquifer testing workplans required by sections 17-403 and 17-404, as applicable, shall be submitted in conjunction with the submittal of the preliminary plat. The requirements of sections 17-402, 17-403 and 17-404 shall be satisfied prior to final plat approval. (§ 308.1, Ord. 04-14(1),12-8-04, effective 2-8-05) State law reference - Va. Code § 15.2-2121. This ordinance shall be effective on and after February 8, 2005. ATTACHMENT 6 ORDINANCE NO. 04-17(1) AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA, BY AMENDING ARTICLE I, GENERAL, AND BY ADDING ARTICLE IV, GROUNDWATER ASSESSMENTS BE IT ORDAINED By the Board of Supervisors of the County of Albemar1e, Virginia, that Chapter 17, Water Protection, is amended and reordained as follows: By Amending: Sec. 17-102 Purposes. By Adding: Sec. 17-400 Sec. 17-401 Sec. 17-402 Sec. 17-403 Sec. 17-404 Sec. 17-405 Applicability. Tier 1 assessments. Tier 2 assessments. Tier 3 assessments. Tier 4 assessments. Fees. Chapter 17 Water Protection Article I. General Sec, 17-102 Purposes. The board of supervisors finds that this chapter is necessary to protect the health, safety and general welfare of the citizens of the county and the Commonwealth of Virginia and to prevent water from being rendered dangerous to the health of persons living in the county, and is supported by the findings of watershed studies that have been conducted. Therefore, the specific purposes of this chapter are to: 1. activities; inhibit the deterioration of state waters and waterways resulting from land disturbing 2. protect the safety and welfare of citizens, property owners, and businesses by minimizing the negative impacts of increased stormwater discharges from new land development and redevelopment; 3. protect against and minimize the pollution and eutrophication of public drinking water supplies resulting from land development; 4. control nonpoint source pollution, erosion and sedimentation, and stream channel erosion; 5. maintain the integrity of existing stream channels and networks for their biological functions, drainage, and natural recharge of groundwater; 6. protect the condition of state waters for all reasonable public uses and ecological functions; 7. provide for the long-term responsibility for and maintenance of stormwater management facilities and best management practices; 8. facilitate the integration of stormwater management and pollution control with other county ordinances, programs, policies, and the comprehensive plan; and 9. promote the long-term sustainability of groundwater resources. (§ 7-1,6-18-75, § 2, 2-11-87, 3-18-92; § 19.1-4,9-29-77, art. I, § 1, 7-11-90; § 19.2-2, 6-19-91, § 2; § 19.3-3,2-11-98; Code 1988, §§ 7-1,19.1-4,19.2-2,19.3-3; Ord. 98-A(1), 8-5-98; Ord. 04-17(1),12-8-04, effective 2-8-05) State law reference-Va. Code §§ 10.1-560 at seq., 10.1-603.1 et seq., §10.1-2108. Article IV. Groundwater Assessments Sec. 17-400 Applicability. This article shall apply to the establishment of land uses that will rely on privately owned wells serving as the primary source of potable water and having not more than two (2) connections (hereinafter, "individual wells") or central water supplies, as defined in Albemar1e County Code § 16-101. The applicable requirements of this article are determined by the development approval sought by the owner and the land uses within the development, as follows: Development Approval and Timing of Submittal for Required Assessment Assessment Required Prior to the issuance of a building permit for a new structure on a lot of record Tier 1 less than twenty-one acres in size existing prior to the effective date of this article that will be served by one or more individual wells Prior to the issuance of a building permit for a new structure: (1) on a lot of record created after the effective date of this article that is subject to a Tier 2 or Tier 3 assessment that will be served by one or more individual wells; or (2) Tier 1 associated with a use that is subject to a Tier 3 or Tier 4 assessment that will be served by one or more individual wells Prior to approval of a preliminary subdivision plat creating lots of less than Tier2 twenty-one acres that will be served by individual wells Prior to approval of a preliminary subdivision plat creating four or more lots Tier3 where at least three lots are five acres or less Prior to approval of a preliminary site plan for a new nonresidential or Tier3 nonagricultural use using less than 2,000 gallons/day (average) Prior to approval of a preliminary site plan for a new nonresidential or Tier4 nonagricultural use using more than 2,000 gallons/day (average) Prior to approval of any central water supply under chapter 16 of the Albernar1e Tier4 County Code The program authority may require that development approvals subject to Tier 2 or Tier 3 assessments be subject to Tier 3 or Tier 4 assessments, respectively, as provided in sections 14-402 and 17-403. If an owner submits a final subdivision plat or site plan without first submitting and obtaining approval of a preliminary subdivision plat or site plan, the assessment required by section 17-402 shall begin upon submittal of the final subdivision plat or site plan, and the assessment required by sections 17-403 or 17-404 shall be submitted by the owner with the final subdivision plat or site plan. (§ 400, Ord. 04-17(1), 12-8-04, effective 2-8-05) Sec. 17-401 Tier 1 assessments. A Tier 1 assessment shall consist of the owner drilling a well on the lot and submitting the following information to the program authority: (1) a Virginia well drilling completion report (form GW-2) for each well drilled; and (2) the latitude and longitude coordinates of each well's location. The information submitted must be accepted as complete and accurate by the program authority prior to issuance of the building permit. (§ 401, Ord. 04-17(1),12-8-04, effective 2-8-05) Sec. 17-402 Tier 2 assessments. A Tier 2 assessment shall consist of the program authority reviewing and evaluating the county's well database, available hydrogeologic studies, and information from the Virginia Department of Health and the Virginia Department of Environmental Quality, as provided in chapter 5 of the design standards manual. Based on this evaluation, the program authority may require that the owner provide additional groundwater assessment data prior to subdivision plat or site plan approval, or may require that a Tier 3 assessment be submitted. (§ 402, Ord. 04-17(1), 12-8-04, effective 2-8-05) Sec. 17-403 Tier 3 assessments. A Tier 3 assessment shall consist of the following: A. The owner shall submit a draft groundwater management plan with the preliminary plat or site plan. The groundwater management plan shall comply with the requirements for such plans in chapter 5 of the design standards manual. If the groundwater management plan identifies special areas of concern, such as an off-site resource of high groundwater sensitivity or a previously unknown source of contamination, then the program authority may require additional groundwater assessment data prior to preliminary subdivision plat or site plan approval. B. The owner shall submit a final groundwater management plan that must be approved by the program authority prior to approval of the final plat or site plan. C. Any structural measures (e.g., best management practices) shall be bonded as a subdivision plat or site plan improvement. The program authority may require that a Tier 4 assessment be submitted instead of a Tier 3 assessment if the special areas of concern identified in subsection (A) have not been adequately addressed by the additional groundwater assessment data. (§403, Ord. 04-17(1),12-8-04, effective 2-8-05) Sec. 17-404 Tier 4 assessments. A Tier 4 assessment shall consist of the following: A. The owner shall submit a draft groundwater management plan and an aquifer testing workplan complying with the requirements for such plans in chapter 5 of the design standards manual, with the preliminary plat, preliminary site plan, or the application for a central water supply. The groundwater management plan must demonstrate to the program authority's satisfaction that the site's groundwater conditions have been considered with the subdivision or site plan's layout and design. The aquifer testing workplan must be approved by the program authority before the owner may conduct aquifer testing as required by subsection (B). B. After the program authority approves the aquifer testing workplan, the owner shall conduct aquifer testing as provided in the workplan. C. The owner shall submit a final groundwater management plan and a groundwater assessment report complying with the requirements for such a report in chapter 5 of the design standards manual, based upon the results of the aquifer testing. The final groundwater management plan and the groundwater assessment report must be approved by the program authority prior to final subdivision plat or site plan approval. D. Any structural measures (e.g., best management practices) shall be bonded as a subdivision plat or site plan improvement. (§404, Ord. 04-17(1), 12-8-04, effective 2-8-05) Sec. 17-405 Fees. Each owner seeking approval of a tier assessment required by this article shall pay a fee as provided by Albemar1e County Code § 18-35.0 and Albemar1e County Code § 14-203, as applicable. (§405, Ord. 04-17(1), 12-8-04, effective 2-8-05) State law reference-Va. Code §§ 15.2-2241(9), 36-98. This ordinance shall be effective on and after February 8, 2005. t ATTACHMENT 7 RESOLUTION TO AUTHORIZE ACQUISITION OF PROPERTY WHEREAS, the County of Albemarte and the City of Charlottesville desire to acquire a certain property within the City for the purpose of providing public space for court house facilities and related offices; and WHEREAS, an agreement for the acquisition for property located at 417-419 Park Street in the City of Chartottesville has been negotiated and presented to the Board of Supervisors for its consideration. NOW, THEREFORE, BE IT RESOLVED that the Albemarte County Board of Supervisors hereby authorizes the County Executive to execute the Agreement for Purchase and Sale of Real Property and for a Temporary Construction Easement between R. Franklin and Hay L. Hardy and the City of Charlottesville and the County of Albemarte for approximately 2,640 square feet of property located at the rear of 417 - 419 Park Street in the City of Charlottesville, and to execute all other documents necessary to purchase and accept ownership or easements of the property on behalf of the County. ~c¿¡'~£ 1~/YO<f PPTRA - Albemarle County Currently · We bill the citizen at the $4.28 rate 'with a credit of 70% (half, or $2.14 due in June and the other half in December). · When the payment is received fiom the taxpayer, we bill the state for their portion and are reimbursed promptly. · Since we bill in advance the biggest portion of the revenue comes in during the May-June and November-December timefiame, but some money comes in year round. · The current 70% reimbursement is approximately $16 million, or $8 per billing cycle. Proposed · State to divide $950 million pot, which is reported to be the equivalent of the 70% statewide tax, projected to be reimbursed in 2005. · This will be a fixed amount starting in 2006 and not based on property tax billing. · A mathematical formula will be devised to determine how much \mll be credited to the taxpayer in the future. It may be 60%, 50% or less, we don't know. As people buy and sell cars, or move in and out of the county, the fixed amount no longer has anything to due with the value of the automobiles owned. · The taxpayer will pick up the difference (a tax increase). · The original problem was just getting reimbursed once a year, which throws off the cash flow for jurisdictions that have split billing. · The latest plan is for the state to book one-half of the PPTR in June, which will allow us under the modified accrual method to book it as a receivable and possibly receive the funds in mid-August. Problems · Cash flow · Uncertainty long term. · Taxpayer education · County's AAA Bond Rating 1 2 3 4 5 6 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Urban Infrastructure and Subdivision Text Amendment Work Session: STA-01-08 AGENDA DATE: December 8, 2004 ACTION: X INFORMATION: SUBJ ECT/PROPOSALlREQUEST: Board direction regarding implementation of the Neighborhood Model CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACTCS): Tucker, Foley, Davis, Graham ATTACHMENTS: Yes LEGAL REVIEW: Yes REVIEWED BY: ~ / BACKGROUND: At the Board of Supervisors strategic planning retreat in October 2003, the Board identified the County's growth and urbanization as a critical issue and established a new strategic planning goal related to urbanization. At this year's retreat, the Board continued its focus on growth and urbanization by providing direction to staff regarding the desire to pursue an "Urbanizing County" level of service for the County's transportation and streetscape needs. For transportation needs, this level of service focuses on providing "essential link" transportation projects, minimizing the use of private streets, and continuing to rely on VDOT for street maintenance. For streetscape needs, it includes the County becoming more involved in the construction and maintenance of streetscape in development areas, as determined by master plans. For streetscape outside master planned areas, construction would be considered through the CIP process, based on the availability of funds. In both transportation and streetscape, the County would continue to expect development to provide a significant portion of the initial infrastructure. Simultaneous with the development of strategies for this urbanization goal, staff was in the process of developing and reviewing a draft Subdivision Text Amendment (STA) with the Planning Commission that incorporated recommendations from the Neighborhood Model Implementation Plan approved by the Board. The STA is one of a number of tools that will be used to implement the County's vision of the urban areas, reflected in the Neighborhood Model. The ST A was reviewed by the Planning Commission, recommended for approval and was presented to the Board several months ago. After several work sessions regarding the originally proposed ordinance, that included input from the development community and staff regarding implementation issues, the Board requested DISC II to provide additional input on the ordinance. DISC II's recommendations were provided to the Board at the December 1 sl Board meeting. STRATEGIC PLAN: Goal 2.1: Protect and/or preserve the County's rural Character Goal 3.3: Develop and implement policies that address the County's growth and urbanization while continuing to enhance the factors that contribute to the quality of life in the County. DISCUSSION: The attached staff analysis compares DISC II 's position regarding the proposed ordinance with the Board's recent direction regarding an 'Urbanizing County' level of service. Staff agrees with most of the recommendations included in the proposed ordinance provided by DISC II, particularly those that establish new requirements (overlot grading, curbs and gutters) that will be necessary to achieve a higher level of density in the development areas. While staff believes that DISC II's recommendations are responsive to developing an ordinance to implement the Neighborhood Model, staff also believes these recommendations will require a level of service beyond that of an 'Urbanizing County'. In addition, DISC II's recommendations were not intended to address a number of the critical questions regarding fiscal and organizational impacts that will need to be answered prior to adoption of the ordinance. Therefore, based on the "Urbanizing County" level of service, staff is not in agreement with some of DISC II's recommendations. Ultimately, the Board will need to provide direction on several major policy issues prior to staff being able to finalize an ordinance. These issues are primarily related to responsibility for ongoing maintenance and replacement and will have significant implications regarding the size of the County's public works operation or the expectations of property owners. The most significant questions are: AGENDA TITLE: Urban Infrastructure and STA Work Session: STA-01-08, Comprehensive Revision of the Subdivision Ordinance. December 8, 2004 Page 2 1. Does the Board support allowing private streets that are not designed to meet VDOT standards? If so, who will be responsible for maintaining and replacing streets? 2. Does the Board support street trees being required within six foot planting strips between curbs and sidewalks? If so, who will be responsible for maintaining and replacing street trees? 3. Does the Board support the requirement for sidewalks in all new subdivisions? If so, who will be responsible for maintaining and replacing sidewalks in VDOT right of ways if VDOT roads are required? Who will be responsible for maintaining and replacing sidewalks on private roads, if private streets are permitted? 4. Regarding the above mentioned infrastructure, if property owners will be responsible for ongoing maintenance and replacement, does the Board support a stringent Property Owners' agreement that requires the establishment of escrow accounts and involves county monitoring of these accounts and of ongoing maintenance. While answering these questions will not resolve all of the issues contained in the proposed ordinance, they will significantly effect how the ordinance is finalized. Since the enclosed comments from the Slue Ridge Home Builders were not received until just prior to completing this executive summary, additional discussion on the ordinance beyond Wednesday's work session may be necessary. However, staff does not recommend further revision to the ordinance prior to the Board providing direction on the questions raised above. Therefore, the first part of Wednesday's work session will be set up to focus on these questions and better defining the level of service the Board wishes to pursue, rather than the details of the language proposed in the ST A. RECOMMENDATIONS: Based on the attached analysis and previous discussion, staff recommends the following for each part of the STA. Interconnections Staff supports the DISC II recommendation to require street interconnections and allow for waivers when appropriate. Staff also recommends that some form of financial assurance be required when a waiver only delays eventual construction to assure that the interconnection is paid for by the developers. Overlot qradinq Staff supports the DISC II recommendations regarding overlot grading. Private Streets Staff believes that private streets should be discouraged in most development and, when approved, should always be constructed to VDOT standards to assure they are accepted into the State system for maintenance in the future should the property owners petition the County to assume responsibility for the streets. Urban Street Features Staff supports DISC II's recommendations for urban street design and sidewalks, noting that additional county funding for future sidewalk maintenance will likely be required. Staff requests Board direction regarding the location of street trees. 04.205 Attachment A Staff analysis of DISC II recommendations The STA was initiated as part of the implementation plan for the Neighborhood Model. The Neighborhood Model form of development is intended to create attractive and desirable places to live while providing better utilization of the developable land. Better utilization of this land would reduce the need to consider expansion of the Development Areas. In providing this assessment, staff has focused on the STAas a means to allow implementation of the Neighborhood Model. Staff recognizes some have questioned whether the Neighborhood Model is "a" form of development or "the" form of development to be used in the Development Areas. Staff has assumed that, regardless of the form of development, the underlying objective of the ST A is to provide for higher density development and the need to expand the Development Areas. In evaluating the ST A recommendations, it is important to make a distinction between proposed new requirements necessitated by better utilization of the developable land and those driven by establishing the form of development promoted through the Neighborhood Model. Infrastructure considered necessary for higher density includes curb and gutter streets, street interconnections, and overlot grading plans. Regardless of whether the form of development is consistent with the Neighborhood Model, this infrastructure is appropriate to assure sustainable development where higher densities are promoted. Other infrastructure is necessitated by the form of development promoted with the Neighborhood Model, but can only be successfully implemented on an area-wide basis. Sidewalks are an example of this infrastructure. If sidewalks are not required of all development, a pedestrian orientation, which is a key element of the Neighborhood Model, will not be achieved to the level called for in the Neighborhood Model. Finally, some infrastructure addresses the need for consistency with the form of development promoted with the Neighborhood Model rather than the need for higher density development. Narrower streets that better fit the terrain, which are only possible as private streets, and street trees are both considered important parts of the Neighborhood Model. While that infrastructure is not needed to provide sustainable high density, it provides aesthetics considered important for creating high quality, desirable urban communities. Staff notes that private streets also provide more flexibility in subdivision design and require less right-of-way, which makes private streets an attractive option for the development community as a way of offsetting costs associated with the improvements being required with the ST A. However, private streets also require maintenance and replacement to be handled by someone other than VDOT. This represents a significant policy change for the County and will have to be carefully considered. DISC II's recommendations for the amendment to the Subdivision Ordinance have focused on four particular areas. Those are interconnecting streets, private streets, overlot grading, and urban street features, which include curb and gutter, sidewalks and street trees. For each of the aforementioned areas, staff provides the Board with an overview of the potential conflicts between those recommendations and an 'Urbanizing County' level of service. Interconnections Staff notes that a major component of the 'Urbanizing County' transportation strategy is providing "essential links." While this approach recognizes that the County will need to construct some of these links, it also calls for the completion of essential links within new development. This ordinance amendment is intended to assure those connections are constructed as part of the development rather than requiring the County to construct them after the fact. Staff believes this is consistent with the 'Urbanizing County' transportation strategy. The waiver provisions in the DISC II recommendation should be noted. This waiver could allow the developer to avoid constructing this street interconnection to the property line, but would require right of way dedication and construction easements for the proposed street. While intended to restrict the circumstances where the development does not actually build these interconnections, there is the possibility that the Planning Commission could approve the waiver and the County might need to complete the interconnection at a later date. To minimize the County's financial risk in these circumstances, staff recommends the waiver consideration include how the future connections would be completed. This might include escrowing of the cost for completing this interconnection. When the adjoining property develops, those escrow funds could be transferred to that developer with completion of the interconnection or the County could use the fund to complete the street. Once completed, the street would then be turned over to VDOT for maintenance. Staff notes this provision would have a cost to the County for maintenance of escrow accounts and management of construction projects to complete streets in some cases. Private Streets The STA proposes that private streets be allowed by exception through a waiver approved by the Planning Commission. In considering waivers for streets in the Development Areas, DISC II recommends the Planning Commission evaluate waivers with respect to the goals of the County's Comprehensive Plan, which includes the Neighborhood Model. This is fairly consistent with the existing Subdivision Ordinance. The primary difference is the DISC II recommended ST A would allow private streets to be designed in keeping with the Neighborhood Model, while the current ordinance requires private streets to be consistent with Virginia Department of Transportation (VDOT) standards. VDOT will only accept streets into its maintenance system that meet its street standards. Some of the streets proposed in the Neighborhood Model would not meet VDOT standards, creating a circumstance where the maintenance of these streets could become the County's obligation should homeowner association be unable to maintain the street. Staff believes the County could approach this situation in one of three ways: 1. The County could prohibit private streets except where maintenance agreements are created that assure the perpetual maintenance of the streets. Those agreements would include provisions for assuring street maintenance is adequately funded and that necessary maintenance is actually performed. If this option is selected by the Board, staff notes there would be a cost to the County for administration of the private street agreements, which could include additional staff. Additionally, staff considers it unlikely that an "ironclad" agreement could be created that assures the County is never petitioned to assume responsibility for the street. Eventually, this would likely require the County to consider being responsible for street maintenance. Staff believes this is inconsistent with the Board's transportation strategies for an 'Urbanizing County'. 2. The County could allow private streets to be built knowing that eventually those streets would become the County's maintenance responsibility. This requires the County to accept that it will need to maintain streets, a service that can be costly and is currently only used by two counties in Virginia. However, those Counties's have a different form of government and receive a portion of the VDOT allocation. Staff believes this option is inconsistent with the Board's transportation strategies for an 'Urbanizing County'. 3. The County could require that private streets be constructed to VDOT standards. This would allow a private street to be turned over to VDOT for maintenance should the property owners ever petition the County to take the street over in the future. Although this may not attain the ideal of the Neighborhood model, no foreseeable organizational changes would be necessary and this approach is consistent with the existing Subdivision Ordinance. This would assure that private streets become public streets maintained by VDOT should the homeowners be unable or unwilling to continue maintaining them. However, if these private streets are not maintained adequately and the homeowner eventually request the County to take them over, staff notes there remains a financial risk that the County will be expected to bring that street up to current VDOT standards before VDOT would accept it for maintenance. Historically, when homeowners petitioned the County to take over private streets, the County has required the homeowners to first bring the street to a service level that VDOT is willing to accept. That avoids the County need to improve these streets. Finally, staff would note that private roads in the rural area in subdivisions of six lots or less are currently allowed to be built to a different standard than acceptable to VDOT, but the County has not been asked to assume maintenance responsibility for those roads. Overlot Gradinq The STA requires lots smaller than 20,000 square feet in area to have an overlot grading plan. The overlot grading plan is intended to assure adequate drainage across lots, safe driveways and access, and yards that can be stabilized. While most of these provisions are intended to address safe and usable lots, staff recognizes the drainage provisions also reduce the risk of the County undertaking expensive drainage projects to rectify drainage problems in the future. Staff concurs with the DISC II recommendation and believes this section is appropriate to minimize that risk of future County drainage projects and to assure sustainable development. Urban Street Features These street features can be divided into two categories, urban street sections and streetscape. Urban street sections require streets with curbs and storm sewer systems, while rural street sections rely on ditches for drainage. Unlike rural street design, the urban street section is typically sized to allow on-street parking. DISC II recommends the STA require urban section streets, but allows the Planning Commission to waive this requirement under specific circumstances where the urban street is not likely to be needed in the future. Staff concurs with this recommendation. With increased development density, this street section is appropriate and avoids the risk of expensive street improvements in the future due to deterioration of rural section streets impacted by illegally parked vehicles on the shoulder of these streets. Streetscape includes facilities and amenities along streets, with the primary emphasis on sidewalks and street trees. Sidewalks along public streets will be maintained by VDOT, though at a lower service level than typically considered acceptable by the County. Sidewalks along private streets would be maintained by the homeowners. VDOT does not maintain street trees. Street trees require the homeowners or the County to be responsible for maintenance. DISC II views both sidewalks and street trees as essential components of the Neighborhood Model and recommends they be required throughout the Development Areas. Waivers of either requirement would be considered by the Planning Commission, based on the likelihood of any future need for the improvements. Staff supports DISC II's position on sidewalks, but notes there is a strong likelihood that additional county funding for sidewalk maintenance will be required. This is consistent with the 'Urbanizing County' level of service for streetscape recently reviewed with the Board. DISC II has recommended 6-foot planting strips between the curb and sidewalk for street trees to be provided along streets. Should this requirement for planting strips be adopted in the STA and constructed for the purpose of planting trees, it is likely the County will need to develop a street tree program that will require additional maintenance funding. Similar to the earlier discussion regarding private streets, the option of requiring maintenance agreements with property owner association exists, but this would require County resources to form and enforce agreements. Additionally, staff believes there would be likelihood that property owners would eventually petition the County to assume responsibility for the street trees when future maintenance becomes expensive for the property owners. As was discussed by the Board at a recent work session on this issue, the Board may want to consider requiring the trees to be planted in the homeowners' yards rather than the street right of way. That option eliminates the need for County maintenance, but it would either eliminate the assurance the trees would remain (the property owner could remove the trees or fail to maintain the trees) or would require County agreements with the property owner association to assure the trees are perpetually maintained. Finally, it should be noted that putting the trees in the front yard would also require less width for the right of way, which is considered desirable by the development community. The planting strips could be reduced from six foot widths to three foot widths, which is the minimum required by VDOT. BLUE RIDGE IIII ~~t!C~A~! 24 November 2004 Mr. Lindsey Dorrier, Jr. Chairman Albemarle County Board of Supervisors 401 McIntire Road Charlottesville, VA 22901 Dear Chainnan Dorrier, . Thank you . for postponing the Board of Supervisors discussion until the interested parties had enough time to complete a thorough review of the revised Subdivision Text Amendment (ST A). The Blue Ridge Home Builders Association (BRHBA) wishes to reaffirm our support for. a subdivision text amendment that removes sections of the Albemarle County Code that are in conflict with the Neighborhood Model form of development but does not mandate one form of development. To reiterate once again, please know. that BRHBA continues to strongly oppose the Neighborh~od Model as 'thee' only model of development. The BRHBA cannot support the draft amendment as written. As you are well aware, BRHBA has been actively engaged in this ST A review process since the beginning. In addition to our many letters and our members countless hours in meetings discussing this issue, BRHBA presented the Board of Supervisors a study that illustrated many of the challenges of enacting this ordinance. . BRHBA wishes to thank Mark Graham, the Albemarle County Director of Community Development, for his willingness to sit down and discuss our concerns with the ordinance and work toward solutions. While BRHBA does not agree with Mr. Graham on aU issues, we appreciate the time he spent to understand our perspective and we respect his professional opinion and candor. BRHBA sincerely appreciates the significant time commitment of our members who have served on the DISC II committee. Many of the concepts and concerns included in this letter were raised in the DISC II committee. It is of great distress to BRHBA that DISC II chose to ignore (or out vote) the concerns of minority membership of the engineering and development community. With all due respect to each member of DISC II and their professional opinion, it has been suggested by some that the membership of DISC II was designed to ensure a predetermined outcome. 2330 Commonwealth Dr. #100, Charlottesville, Va. 22901 434/973-8652 Fax: 434/978-4927 brhba@brhba.org http://www.brhba.org Affiliatc:d with the National Association of Home Builder.¡ and t~ Home Builders AMociation of Virginia Page Two The Blue Ridge Home Builders Association firmly supports the creation of a new Subdivision Text Amendment which removes roadblocks to the implementation of the Neighborhood Model and does not mandate one form of development. The following constructive criticism is designed to help formulate a workable amendment that BRHBA can wholeheartedly support. Mandated Reservation and Construction of Streets to Property Lines (14-409-B). BRHBA references James Theobald's March 29th letter where he indicated there is no enabling legislation that allows such a provision. In his words, "The County cannot require you to reserve highways and streets on your subdivision plan even if shown on a thoroughfare plan. There is a "put" provision in the State Code that upon notice, they can either acquire and compensate or let you go." Larry Davis, Albemarle County Attorney, replied in his opinion such enabling legislation does exist. Beyond the enabling issue, we feel the section, as written, does not promote orderly development. As written, this section rewards property owners that do not cooperate with adjacent development. It will provide not only improved access at no cost, but will require the adjacent development to give them remnant pieces of land. There is no incentive for an adjacent property owner to share in the cost of construction, donate right-of-way, or grant construction easements. BRHBA believes that this will discourage, not encourage, responsible growth. RECOMMENDATION 1: On the surface, both these opinions have legal merit, BRHBA strongly encourages Albemarle County to either remove this section or at a minimum obtain the opinion of the State Attorney General on this subject prior to passing this subsection. Mandated Overlot Grading Plan (14-313). As a practical matter, if Albemarle County chooses to move forward with this section in its entirety, the county should express should publicly recognize that most, if not all, of existing trees will be removed at the start of a development project. We would also note these regulations may effectively outlaw basement garages. This recognition is important for the public to understand the removal of these trees is mandated by Albemarle County's implementation plan for a more urban form of development. RECOMMENDATION 2: Create a bailout clause so that areas with average slopes below 10% grade (a rare occurrence in Albemarle County) do not require a grading plan. Albemarle County should better educate the public as to the trade offs between density and the concept of working with terrain typical of Albemarle County. Page Three Mandated Overlot Grading Plan (14-313.d). This includes a call for all lots proposed with turf grasses not exceed a gradient of 3: 1 and that steeper slopes be planted with low maintenance vegetation. We also recognize this provision already exists in the Erosion and Sediment portion of the county ordinances. BRHBA believes 2: 1 to be an acceptable ratio for turf grasses on smaller slopes. RECOMMENDATION 3: The specified grade of the grade should be expressed as a maximum rise/fall of 3' over 10'. This will allow for construction tolerances and limited areas of steeper grade. Mandated Overlot Grading Plan (14-313.e - g). The provisions contained in e, f and g, are in direct conflict the goals and objectives of Virginia's Department of Environmental Quality and the goals of Low Impact Design Development. Virginia Department of Transportation also prefers open drainage easement based on their experience in routing surface water away from roads. BRHBA asks if Albemarle County is willing to abandon the DEQ's preferred approach as a by-right form of development. . We further understand that the issue staff is trying to address is not that a design utilizes a grassy swale or open ditch, they simply do not want the swale on an individual lot. While this may ensure that no individual owns a drainage problem, as currently envisioned, neither VDOT nor the County will be responsible for the infrastructure. Ignoring property lines, if a problem arises now or in the future - no one is stepping forward to maintain the PUBLIC infrastructure being required. The problem has not been fixed, the potential for a problem is not eliminated, it is simply more expensive. A good example of how underground expensive can impact a homeowner is described in a recent article in The Hook, "Flooded House: Dreams get soaked" (8/28/04) http://readthehook.com/ stories/2003/08/29 / coverFloodedHouseDreamsGet.html RECOMMENDATION 4: BRHBA recognizes that implementing a unified drainage approach to development will help eliminate many of the problems alluded to by staff. We recommend eliminating the additional performance standards in sections e thru g. Mandated Overlot Grading Plan (14-313.h). Provisions in h clearly establish a conservative driveway grade and profile. BRHBA feels that specific circumstances can exist where steeper driveway grades can be constructed in a safe manner. Additionally, we note that the 18' landing requirement, which was based on the length of a parking space is excessive if the goal is to prevent cars from bottoming out. Since the wheelbase dictates height of the vehicle through a vertical curve, a shorter length is more logical. Page Four Although provisions for waiver can be made, after discussing this issue with Mark Graham, BRHBA anticipates both logistic and philosophical difficulties in obtaining such waivers. In our November meeting, Mr. Graham agreed to consider language to allow driveways to be certified by a licensed design professional. RECOMMENDATION 5: Add language (discussed with Mark Graham) "where driveway slope exceeds 25% design must be certified by a licensed design professional. Reduce the required landing criteria to 15'. Clarify that the maximum grade criteria is an average grade through a minimum of 10' Mandated Overlot Grading Plan (14-313.i). BRHBA has significant concerns regarding subsection 14.313.i. A literal interpretation would outlaw front porches that have steps down to the street, one of the images often featured in Neighborhood Model Development. RECOMMENDATION 6: Eliminate this provision. If included, provide for construction tolerances by restating the criteria as a maximum drop of 12" in 10'. Include provisions for stairs, shorter distances to property lines and eliminate a need to build an accessible route from the street to the backdoor of every basement unit. Sec. 14-234 Procedure for authorization to construct private roads. BRHBA recognizes competing interests within Albemarle County staff regarding the use of private roads. Organizationally it seems that the preamble as stated in 14.313.B would be better suited to come prior to the requirements as listed in 14.313.A. If the purpose of pursuing the private road option is to make utilize the County "preferred" neighborhood model design as dictated by the comprehensive plan, must all earth moving computations be completed and natural survey be completed at submittal? As stated above, the neighborhood model design does not generally agree with low impact development and will require significant mass grading in our rolling countryside. BRHBA questions the need for such information at this stage if Albemarle County recognizes the cost to nature will be great and the mass grading will occur to further the County's goals of neighborhood model development. RECOMMENDATION 7: Switch A and B. Eliminate requirement for earthmoving computations and natural survey. Page Five Sec 14.410 Standards for all streets and alleys. 14.410.E Reserved or spite strips BRHBA continues to have significant issues regarding the prohibition of spite strips. These concerns were discussed in depth at DISC II and the solution proposed was simply to use waivers to solve the issue. One concern is regarding when a proposed street is designed to fall on a property line. This creates an inequitable negotiating position for adjacent landowners. If the construction of such a street is to be completed, Albemarle County must plan to create construction condemnation easements or this prohibition should be dropped. BRHBA is also concerned with the definition and application of the term "adequate access". While we applaud the intent of eliminating landlocked parcels, we believe adequate is a subjective word and should be dropped from this section. RECOMMENDATION 8: Albemarle County must affirm its intent to use construction condemnation powers to allow for the construction of roads on property lines or the prohibition of spite strips should be removed. Remove the word adequate in the discussion of access. The new language reads "provided nothing herein shall prohibit areas for scenic planting and landscaping where access to the adjoining lands is otherwise provided. 14.410.F Principal means of access Virginia Department of Transportation uses a 25 year flood standard for the construction of public roads. BRHBA believes that holding private roads to a higher standard is inappropriate and may create a dangerous situation for citizens. RECOMMENDATION 9: Eliminate this provision, refer to current VDOT standards, or revise flood standard to the 25 year standard to agree with the VDOT standard. 14.410.G Drainage With regard specifically to piping under lots, BRHBA asks the county to be clear in its design manual and in its implementation plan that this is an option of last resort. Extensive use of piping will increase the land moving requirements as well as decreasing the applicability of Low Impact Development Design. RECOMMENDATION 10: No Text Change. BRHBA recommends the Albemarle Board of Supervisors formally instruct the county engineer that a county mandated requirement for piping is an option of last resort. In addition the county must recognize the potential infrastructure maintenance cost of such systems. Page Six 14.410.H Curb, curb and gutter, sidewalks, and planting strips. This subsection mandates the construction of curb and gutter, sidewalks and planting strips on every road constructed in the development area. While BRHBA is not in complete agreement with this provision, we significantly appreciate the strength and detail of the waiver language. It is not difficult to imagine many situations where a community would be better served with a sidewalk on only one side of the road or where the density does not support sidewalk construction at all. BRHBA believes many parts of this ordinance will require the development community to trust that waivers will be granted in an appropriate manner. With this understanding and a significant amount of trepidation, BRHBA supports the proposed language. 14.412 Standards for private streets BRHBA applauds the language "or such other designs as provided in the design standards manual". This language allows County Engineering to adjust the "standards" as the county gains experience with new urbanist development. In addition, this flexibility should allow the County Engineer to approve reductions in turning radius and other specifics when on street parking or other mitigating factors are' present. RECOMMENDATION 11: BRHBA asks under this provision the County Engineer provided the authority to apply the American Association of State Highway and Transportation Officials (AASHTO) low volume and very low volume roadways standards where appropriate. While we believe the amendment as written provides this authority, we would like the county attorney to confinn no further clarification is required. 14.422 Sidewalks and Planting Strips BRHBA is concerned that a strict standard for planting strip size is detrimental to the flexibility of the plan. In addition, we continue to have concerns regard the long tenn maintenance costs of street trees and their impacts on the snow removal options for sidewalks. RECOMMENDATION 12: BRHBA recommends that the specifications for size of planting strips be removed. The size and design of the planting strip should be included in the county's design manual and allow for different sizes dependent on the street design. BRHBA recommend the mandated street trees be removed from the subdivision text amendment. Page Seven Blue Ridge Home Builders Association is proud of our organization's active involvement of the development of this Subdivision Text Amendment. As we, and others, have said from the beginning, this will not work without Albemarle County's commitment to make good on promises made regarding concurrency of infrastructure financing, flexible application of standards and a level of trust with the development community. BRHBA has reached out in good faith on a number of these issues trusting the county will hold up their end of the bargain. If the Board of Supervisors is willing to accept the twelve recommendations included in this letter, the BRHBA will support the proposed Subdivision Text Amendment. Sincerely, /) /1,., ,/ ~ '~i)u.l¡i;;v- [t~¿~¿¢~,',' " ~ I.. '- ~5-' Buddy Carlisle President, Blue Ridge Home Builders Association COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: STA-01-08, Comprehensive Revision of the Subdivision Ordinance. AGENDA DATE: December 1, 2004 SUBJECT/PROPOSALlREQUEST: Amend Chapter 14, Subdivision of Land, of the Albemarle County Code, to comprehensively revise the subdivision regulations by amending most existing regulations, repealing or adding other regulations, and reorganizing Chapter 14 and renumbering many existing regulations. ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACTCS): Tucker, Foley, Davis, Kamptner, Graham, Cilimberg, Echols ATTACHMENTS: Yes REVIEWED BY: LEGAL REVIEW: YES BACKGROUND: At the direction of the Board of Supervisors, DISC II has developed a set of recommended text changes to the subdivision ordinance to address issues identified by various groups related to implementation of the Neighborhood Model. As requested by the Board, staff prepared the changes which DISC II reviewed and endorsed, with modifications, at their meetings on October 19, 2004 and October 26,2004. STRATEGIC PLAN: 2.1 Protect and/or preserve the County's rural character 3.3 Develop and implement policies that address the County's growth and urbanization while continuing to enhance the factors that contribute to the quality of life in the County. DISCUSSION: DISC II thoroughly reviewed the issues requested by the Board of Supervisors. In total, DISC II met eighteen times between May and October 26 to discuss and develop recommendations for modifications to the text amendment. At the last two meetings, DISC II reviewed the specific text changes and asked for a few minor wording changes which staff was expected to make and pass on to the Board. Attachment A is a table of changes reflecting the DISC II recommendations. This table shows changes made to the March 30, 2004 draft amendment, which was the last version seen by the Board. Attachment B is a summary of the recommendations. DISC II's recommended subdivision language is included as Attachment C. It is important to note that this language has not yet received legal review by the County Attorney. Staff will return to the Board on December 8 to review DISC II's recommended changes in light of the County's recently adopted urbanization goal and also to discuss an anticipated letter from the Blue Ridge Homebuilders in response to the DISC II recommendations. After the Board has reviewed those perspectives along with the DISC II recommendations, staff believes any remaining issues can be addressed. A final worksession can be scheduled for January 5,2005 to review the ordinance that will be brought to public hearing. RECOMMENDATIONS: Staff recommends that the Board of Supervisors review the proposed changes and note any questions or concerns with the DISC II recommendations. At the December 8th worksession, staff will request the Board provide any changes needed to the amendment after consideration of urbanization impacts and Blue Ridge Homebuilder's comments. ATTACHMENTS ATTACHMENT A: November 10, 2004 Table of Subdivision Text Changes Recommended by DISC II ATTACHMENT B: Recommendations from DISC II to BOS 6/1/04 - 9/21/04 ATTACHMENT C: November 10, 2004 DISC II Recommended Lanquaqe for the Subdivision Text Amendment 04. 1 96 ATTACHMENT A November 10, 2004 Table of Subdivision Text Changes Recommended by DISC II 14-234 PC considerations for private streets 14-313 Overlot Grading Plan 14-409 Coordination and extension of streets 14-410 H Curb, curb & gutter 14-411 Standards for public streets 14-412 Standards for private streets 14-422 Sidewalks and planting stri s Add statements to distinguish private streets in the rural areas from private streets in the development areas. Limit the circumstances in which an overlot grading Ian is needed, and clarif its a lication. Make distinctions between extensions of r.o.w. and construction to the property line. Adds agent waiver for construction to the property line and commission waiver for extending the r.o.w. to the property line. Provides criteria for both waivers. Replace agent waiver with commission waiver and re lace criteria for waiver. Allow for agent waiver of ultimate pavement width where street extensions are re uired under 14-409. Makes distinctions between private street standards in the rural areas and development areas. Removes waiver of private street standards and easement or r.o.w. width, for the development areas, by adding a reference to alternative standards found in the design standards manual. (Leaves rural area private street standards and easement width waivers as currentl written Remove agent waiver and replace with commission waiver. Add criteria for waivers. A TT ACHMENT B Recommendations from DISC II to the Albemarle County Board of Supervisors June 1, 2004 - September 21, 2004 Interconnections, Private Streets, Overlot Grading And Urban Street Improvements Comments from DISC II Regarding Interconnections And the Proposed Subdivision Text Amendment 6/1/04 DISC II believes that interconnected road systems should be developed in the Development Areas and that it is appropriate that the subdivision ordinance require interconnections between adjacent parcels during the platting process. Where interconnections are physically possible, economically feasible, and will result in a functionally interconnected street system they should be built with the street system for the subdivision. The proposed subdivision amendment acknowledges three areas for waivers of constructing the street to the adjoining parcel. These waivers are where offsite easements would be required to construct the street to the property line, where stream buffers would be disturbed or where a present public purpose would not be served. DISC II supports these waivers but believes that the there should be other areas in which waivers should be available. A waiver should be made available that relates to the cost of constructing the improvement to the scale of the development. For example, it would not be appropriate to require a developer of a 20 - unit development to construct the oversize portion of the street to support the 500 - unit development next door. It would not be appropriate for a single developer to build Lickinghole Bridge to provide a physical connection to an adjoining parcel. In both of these cases, however, provisions should be made to allow for the future connections into adjacent undeveloped areas. The second area relates to how the interconnection would relate to other goals of the Comprehensive Plan and specifically the Neighborhood Model. Waivers should be available if a built interconnection would preclude or diminish the ability of a developer to meet other goals of the Neighborhood Model. A third area relates to building interconnections in portions of the Development Area where master plans have not yet been created or where insufficient information exists to adequately know where an adjoining connection or connections should take place. As with the other two items above, opportunities for future connections should not be precluded; however, a waiver to build the street may be appropriate. DISC /I recognizes that the more subjective the waiver, the less comfortable staff would be in granting an administrative waiver. DISC II acknowledges that these more subjective waiver requests will need to be reviewed and acted on by the Planning Commission. DISC believes that more emphasis should be placed in the ordinance on the fact that the Planning Commission and ultimately the Board of Supervisors can hear appeals on decisions concerning waivers. A TT ACHMENT B Comments from DISC II Regarding Private Streets And the Proposed Subdivision Text Amendment 6/16/04 DISC II believes that implementation of the Neighborhood Model is the priority and the proposed standards in the subdivision ordinance relative to private streets are the best vehicle the County has for now for that implementation. The County should continue to work on a parallel system to promote changes in the subdivision street regulations with VDOT as well as provide opportunities for private streets to be approved. The County's Engineering Department has developed the attached set of street standards that support the Neighborhood Model and reflect sound engineering practice. The County should continue to advocate for these street standards to be adopted by VDOT. Until VDOT accepts the proposal, the County should approve private streets in the Development Areas in accordance with these standards. Providing the opportunity in the subdivision ordinance for the development community to request private streets which support Neighborhood Model type developments should not construed to mean that private streets are required. When a developer does not wish to propose private streets, the County will advocate with VDOT for public street standards which most closely resemble Neighborhood Model type streets. It is likely that the County will see development proposals which contain a combination of both public and private streets. Because there is a risk to the County that homeowners associations will default on their responsibility for maintenance of their private streets in the future, more rigorous assurances should be required in the subdivision ordinance to ensure that maintenance of private streets actually occurs. Comments from DISC II Regarding Overlot Grading And the Proposed Subdivision Text Amendment 6/16/04 DISC II believes that the problems related to drainage, poor lot-to-Iot relationships caused by grading lot-by-Iot, steep slopes of driveways, and steep slopes around houses relate more to density than the form of development recommended by the Neighborhood Model. DISC II believes that these problems exist mostly in the Development Areas, though, and that a requirement for an overlot grading plan is appropriate. DISC II recommends that minor wording changes be made to Sections 14-313 E relating to storm drainage and 14-313 G related to steep driveways. We also believe that language should be added to the ordinance to allow for agent approval of a waiver to overlot grading where it is clear to the agent that there is no benefit for requiring such a plan. Examples of such instances are situations where little grading is needed for development of a site, where large lots (lots in excess of 20,000 square feet) are proposed or where lot widths are proposed to be greater than 1 00 feet. Further, DISC II believes that, during a rezoning process, greater attention be paid to grading and topography. Prior to approval of rezonings, efforts should be made to minimize possible conflicts between the principles of the Neighborhood Model. A TT ACHMENT B Comments from DISC II Regarding Curb and Curb and Gutter And the Proposed Subdivision Text Amendment 8/31/04, DISC II strongly supports requiring urban improvements such as curbing and closed drainage systems on new streets in the Development Areas. We believe that there are certain circumstances in which this requirement could be waived without impacting implementation of the Neighborhood Model. Each circumstance will be unique and needs to be reviewed on a case-by-case basis. For that reason, DISC II recommends that all waivers be reviewed by the Planning Commission. Waivers should be available for lots for single family detached units only or where lots will not front on the proposed street. In granting a waiver to the requirement for urban street improvements, the Planning Commission should consider the following items: 1. The project size or street length and the types of lots to be served. 2. Whether the proposed street(s) or street extension connects into an existing system of rural streets, 3. Whether the street terminates in the development or at the edge of the Development Area or is otherwise not expected to provide interconnections to abutting areas, 4. Whether the use of a rural cross-section at a particular location in the Development Areas furthers the goals of the Comprehensive Plan, with particular emphasis on the Neighborhood Model and Master Plans, 5. Whether the use of a rural cross-section would enable a different principle of the Neighborhood Model portion of the Comprehensive Plan to be implemented more fully, 6. Whether the proposed density of the subdivision into lots is consistent with the density recommended in the Land Use Plan, and 7. Recommendations from the Planning Director and County Engineer related to County goals, policies, good planning practice and good engineering practice including the need for on- street parking, drainage, and consistency with existing or anticipated street sections. These items should be considered before the Planning Commission grants a waiver. Items 2 and 3 are examples of when a waiver might be warranted. There are other examples which have not been cited, but which should be covered under the other items in the list. Comments from DISC II Regarding Sidewalks And the Proposed Subdivision Text Amendment 9/7/04 DISC II believes that: a. For urban streets, concrete sidewalks should be required on both sides of the street. An exception to this rule would be allowed only where lots are proposed to be single-loaded; however, more work needs to be done on what "single-loaded" means. b. A PC waiver should be available for the requirement to provide sidewalks on both sides of the street and for use of an asphalt path if there is an extraordinary situation. More work needs to be done to qualify what an extraordinary situation would be. c. A statement should be added to the ordinance which states that staff may require a 10' multi-use path if the use warrants the need for the path. This multi-use path would replace a ATTACHMENT B sidewalk. An example of a use warranting the path would be near a school where having bicycles off-road is preferable to on-road. d. For rural cross-section streets, a PC waiver could be requested for building a sidewalk. Because pedestrian access is a high priority as a County goal, sidewalks would not be automatically waived. f. In granting a waiver for sidewalks on both sides of the street or a waiver to the requirement altogether, the Planning Commission should consider: 1. the number of lots to be created 2. width of lots, 3. density of the development, 4. the existing pedestrian system within the surrounding area, 5. ability of the sidewalk to connect into an existing or future pedestrian system 6. whether an alternate pedestrian system could provide more appropriate access throughout the development Comments from DISC II Regarding Planting Strips And the Proposed Subdivision Text Amendment 9/21/04 DISC II believes that a. For urban streets, in single family detached developments, a 6 foot planting strip for street trees should be provided. b. A PC waiver should be available for the requirement to provide a planting strip for street trees. c. For rural cross-section streets, a PC waiver could be requested for providing a planting strip for street trees. Waivers for curb or curb and gutter, sidewalks, and street trees on a particular street or portion of a street would likely be considered at the same time. f. In granting a waiver for planting strips the Planning Commission should consider: 1. whether a waiver to allow a rural street standard has been granted 2. whether a sidewalk waiver has been granted 3. whether reducing the size of or eliminating the planting strip promotes the goals of the comprehensive plan, the neighborhood model, or a neighborhood master plan 4. whether a waiver would better enable other principles of the neighborhood model to be achieved. g. The requirement in the subdivision ordinance should apply to subdivisions where no site plan is expected. Where a site plan is expected, the requirements should be put in the zoning ordinance. ATTACHMENT C COUNTY OF ALBEMARLE MEMORANDUM Department of Community Development Division of Planning (434) 296 - 5823 40 I Mcintire Road, Room 218 Charlottesville, Virginia 22902-4596 Fax (434) 972 - 4035 TO: Albemarle County Board of Supervisors FROM: Elaine K. Echols, AICP, Principal Planner DATE: November 10,2004 SUBJECT: DISC II Recommended Language for the Subdivision Text Amendment In response to the Board's request to recommend specific text changes, DISC II recommends the following specific language be incorporated into the subdivision ordinance for interconnections, private streets, overlot grading, and urban street improvements. These changes are in hold below. Please be advised that the hold text in Section 14-412 was provided by the Planning staff (and not the County Attorney's office) in response to DISC II recommendations. INTERCONNECTIONS Sec. 14-409 Coordination and extension of streets. Public streets within the develooment areas desj¡mated in the comDrehensive olan shall be coordinated and extended as follows: A All oubhc streets within a subdivision shall be coordinated as to location width !!rades and drainaœ with other oublic streets as follows: (i) bv coordinatim! with existin!! or Dlanned streets within the !!eneral area ofthe subdivision. includin!! but not limited to existin!! or future adiacent subdivisions. or subdivisions conti!!uous to such adiacent subdivisions' and (ii) bv continuin!! the oublic streets to olanned. existin!!. or olatted streets into adioinin!! areas bv dedication or reservation of ri!!ht of wav adeauate to accommodate continuation of the streets. B All Dublic streets within a subdivision shall be extended and constructed to the abuttin!! DrODertv lines to Drovide vehicular and Dedestrian interconnections to future develoDment on adioinin!! lands. The arran!!ement of all streets shall Drovide adeouate access to adioinin!! narcels where necessarv to Drovide for the orderlv develonment of the ~ C. The reouirements of subsection (A) mav be modified or waived bv the commission as nrovided in section 14-225.1. In reviewin!! a waiver reouest. the commission A TT ACHMENT C shall consider the followin!!: (j) the en!!ineerin!! imDlications for coordination and connection: (jj) whether the need for coordination and connection outwei!!hs the imDacts on environmental resources such as streams. stream buffers. steeD sloDes. and floodDlain: (ijj) whether the street should be extended into the rural areas desi!!nated in the comDrehensive Dlan: (iv) whether there is an alternative street connection from another location in the subdivision that is Dreferable because of desi!!n. traffic flow. or the Dromotion of the !!oals of the comDrehensive Dlan. the nei!!hborhood model. and the aDDlicable nei!!hborhood master Dlan: and (v) whether not reQuirin!! coordination and connection would enable the overall desi!!n of the subdivision to better achieve the DrinciDles of the nei!!hborhood model D. The reQuirements of subsection (8) may be waived bv the a!!ent as Drovided in section 14-224.1. In reviewin!! a waiver reQuest. the a!!ent shall consider: (j) whether extendin!! the street to the abuttin!! DroDertv line would reQuire offsite easements. disturb stream buffers. or other alternative connections to the abuttin!! Darcel from a different location would Drovide a better connection: and (jj) whether the street should be extended into the rural areas desi!!nated in the comDrehensive Dlan. If the waiver is !!ranted: (j) the Dublic street shall be constructed Dast the Doint at which the Drimarv structures on the abuttin!! lots would relv on the finished !!rade for landscaDinp and other imDrovements. but in no case less than thirty (30) feet beyond the curb line or ditch line on the abuttin!! lot: (jj) the subdivider shall dedicate the reauired ripht of way to the abuttin!! DrODertv line. alon!! with all easements reQuired to allow the street connection to be constructed in the future: the reQuired easements shall Drohibit any imDrovements bein!! established therein: and (jjj) the a!!ent may reQuire that the subdivider install and maintain a si!!n at the end of the constructed Dortion of the street statin!! that the street is a future throu!!h street: the apent may reQuire that the subdivider maintain the si!!n until the county !!rants final aDDroval of extendimr the street to the abuttin!! DrODertv. Sec. 14-411 Standards for Dublic streets onlv. In addition to the minimum desj¡m reauirements set forth set forth in section 14-410. all Dubhc streets within a subdivision shall be desj¡med and constructed accordine: to Vire:inia DeDartment of Tran sDortati on standards. For all Dublic streets to be coordinated and extended as Drovided in section 14-409. the apent may allow a Dublic street to be constructed at less than the ultimate Davement width. Drovided the street meets Dublic street standards for the lots to be served bv the streets. In determininp whether to reQuire the ultimate Davement width. the a!!ent shall be !!uided bv the size of the subdivision. the street len!!th and the tVDes of lots to be served relative to the cost of Drovidin!! the ultimate width. OVERLOT GRADING Sec. 14-313 Overlot !!radin!! Dlan. lethe subdivision will create lots (j) within a develoDment area desipnated in the comDrehensive Dlan: (jj) any one of which is twenty thousand (20.000) SQuare feet or less in area or is one hundred (100) feet wide: and (jjj) for establishin!! sin!!le familv detached or attached dwellimr units. the subdivider shall submit. Drior to or with the final Dlat. an 2 ATTACHMENTC overlot !!fadine: Dlan showine: existine: and DfoDosed tODo!!faDhic features to be considered in the develoDment of the DTODosed subdivision and satisfvine: the followine:: A. The Dlan shall show all Dfooosed streets. buildine: sites. surface drainae:e. driveways. trails. and other features the ae:ent detennines are needed to verify that the olan satisfies the reQuirements of this section. feet. B. The Dlan shall be drawn to a scale not !!feater than one (]) inch eQuals fifty (50) C. All DfoDosed e:radine: shall be shown with contour intervals not !!feater than two (2) feet. All concentrated surface drainae:e over lots shall be clearly shown with the DTODosed !!fadine:. All Dfooosed !!fadine: shall be shown to assure that surface drainae:e can oTOvide ad~e relief from flo-º-dine: of dwelline:s in the event a stOlID sewer fails. D Graded slooes on lots DTODosed to be Dlanted with turf e:rasses (lawns) shall not exceed a !!fadient of three (3) feet of horizontal distance for each one (]) foot of vertical rise or fall (3: n. Steeoer sloDes shall be vee:etated with low maintenance vee:etation as detennined to be aDDfonriate bv the DTO!!fam authority in its aooTOval of an eTOsion and sediment control Dlan for the land disturbine: activity These steeDer sloDes shall not exceed a !!fadient of two (2) feet of horizontal distance for each one (]) foot of vertical rise or fall (2: I), unless the county ene:ineer finds that the !!fadine: recommendations for steeDer slooes have adeQuately addressed the imDacts. E. Surface drainal!e may flow across un to three (3) lots before beinl! collected in a storm sewer or directed to a drainal!e way outside of the lots. F. No surface drainave across a residential lot shall have more than one-half (1/2) acre of land draininl! to it. G All drainae:e fTOm streets shall be carried acTOSS lots in a stonn sewer to a Doint beyond the rear of the buildine: site H. The Dlan shall demonstrate that driveways to lots will not be steeoer than twenty (20) oercent and shall include !!fadine: transitions at the street that the ae:ent detennines will allow Dassene:er vehicles to avoid scraDine: the vehicle body on the driveway or the street. Additionally the driveway e:radine: shall DTOvide an area in front of the DfoDosed e:arae:e. or an area DTODosed for vehicle Darkine: where no e:arae:e is DfoDosed. that is not less than eie:hteen (] 8) feet in lene:th that will be !!faded no steeoer than eie:ht (8) Dercent.. 1. The Dlan shall demonstrate that an area at least ten (] 0) feet in width measured outward from the face of the structure. has e:rades no steeDer than ten (] 0) Dercent adi acent to Dossible entrances to dwelline:s. This !!faded area shall extend from entrances to driveways or walkways connectine: the dwelline: to the street. J. Any reQuirement of this section may be waived by the ae:ent as Dfovided in section ] 4-224] In reviewinl! a waiver reQuest the al!ent shall detennine whether an alternatiye DTODosed by the subdivider satisfies the Duroose of the reQuirement to be waived to at least an eQuivalent delITee 3 ATTACHMENT C Concerns in the development community have been raised over implementation of overlot grading. Mark Graham has prepared language to be included in the Design Standards Manual for how the overlot grading requirements are to be met in the field. PRIV A TE STREETS Sec. 14-234 Procedure for authorization to construct privatH'&aå.s.trffi and related matters. Reauests under sections 14-232( A) or 14-232(8) shall be submitted. Dfocessed and acted upon as follows: A. A subdivider shall submit a request in writing to the agent at the time of the submittal of the preliminary plat, or a later date specified by the agent at the preliminary application conference' provided that an owner mav submit a reauest in writinQ to the aQent at the time of submittal of an application to rezone land to a planned development district. or a later date specified bv the aQent even thoUQh a Dfeliminarv plat has not been submitted. 1. The request shall state the reasons and justifications for the request, and shall particularly address one or more applicable bases for granting the request as identified in sections 14-232 Ðf 14 233, and each of the five findings identified in paragraph (C) required to be made by t-he eommissioR. The request shall also include a map of the subdivision having contour intervals of not greater than twenty (20) feet showing the horizontal alignment together with field-run profiles and typical cross-sections of the reads streets. The county engineer may waive requirements of the field-run profile in the case of an existing reaè.stœct or where deemed appropriate due to topography, or if the topographic map is based on aerial or field collected data with a contour interval accuracy of five vertical feet or better. A request pursuant to section 14- 232(A)(I) shall include earthwork computations demonstrating significant degradation. 2. The agent shall forward the map to the county engineer for review and comment. When the agent has received comments on the map from the county engineer, the agent shall then consider the request. The agent shall then proceed as follows: (a) Ifthe request for a private reaè street is made pursuant to under section 14-232(A), or is any request made under section 14 232 ',vhicfl includes a request pursuant to seetioR 11 233, he may recommend approval, approval with conditions, or denial. A recommendation of approval or conditional approval shall be accompanied by a statement by the agent as to the public purpose served by the recommendation, particularly in regard to the purpose and intent of this chapter, the zoning ordinance, and the comprehensive plan; or (b) If the request for a private reaè.stœct is made pUrSl:IaRt to under section 14-232(B), he may approve, approve with conditions, or deny the request. 3. The commission shall not consider a request until it has received and considered the recommendation of the agent. 4 ATTACHMENT C B. In considering a request for authorization to construct one or more private reads streets or to gTfHit a ·".'aiver, the agent and commission shall consider that private reads streets are intended to be the exception to the construction and dedication of public streets and, and in the rural areas desil!nated in comorehensive olan. are intended to promote sensitivity toward the natural characteristics of the land and to encourage the subdivision of land in a manner that is consistent and harmonious with surrounding development. In the develooment areas desil!nated in the comorehensive olan. they are intended to enable the orincioles of the neil!hborhood model to be more fullv imolemented. Sec. 14-412 Standards for orivate streets onlv. In addition to the minimum desÍ¡m reauirements set forth in section 14-410. the following minimum design requirements shall auulv to urivate streets authorized bv this chauter: A. Residential vrivate streets. Each urivate street authorized bv sections 14- 232( A)(1). 14-232(8)(1). or 14-232(8)(2) shall satisfy the following: 1. Streets servin!! two lots. Easement or right-of-wav widths shall be thirty (30) feet minimum The required materials and minimum deuth of base shall satisfy the minimum requirements described in the design standards manual. The surveyor shall include the followÎn2: wording on the final ulat: "The existing and/or urooosed right-of-wav is of adequate width and horizontal and vertical alignment to accommodate a travelwav uassable bv ordinary oassenger vehicles in all but temuorarv extreme weather conditions. together with area adequate for maintenance of the travelwav as required bv section 14-412 of the Albemarle County Code." 2. Streets servin!! three to five lots. Vertical centerline curvature shall meet a minimum design K value of five (5) for crest curves and fifteen (15) for sag curves. Sight distances shall not be less than one hundred (100) feet. Turnarounds shall be Dfovided at the end of streets ver American Association of State Highwav and Transuortation Officials guidelines. Street easements or ri!!:ht of way widths shall be thirty (30) feet mininmm. (a) Streets in areas desi!!nated as rural areas. In rural areas designated in the comDfehensive ulan street easements or ril!ht-of-wav widths shall be thirty (30) feet minimum. travelwav widths shall be fourteen (14) feet minimum with three (3) feet minimum shoulders widths. and a minimum of four (4) feet from the edge of the shoulder to the ditch centerline If any uortion of the street exceeds seven (7) uercent in grade. the entire street shall be surfaced as required bv Virginia Deuartment of Transuortation standards. Streets of lesser grade may use a gravel surface. (b) Streets in areas desi!!nated as develovment areas. In develoument areas designated in the comDfehensive ulan street easements or ril!ht-of-wav widths shall be thirty (30) feet minimum and an urban section street design shall be Dfovided with a minimum width oftwentv (20) feet measured from the curb faces or such alternative design. includinl! street easement or ril!ht-of-wav width as urovided in the design standards manual. Additional widths shall be added for gutters to control draina2:e at the discretion of the county engineer. Travelwavs shall be surfaced as required bv Virginia Deuartment of Transuortation standards. (c) Other' reduction. Other asuects of desi gn not suecified above are to be accordin2: to the design standards manual or an alternative design aUDfoved bv the county 5 Formatted: Font: Times New Roman Bold, Bold, Double underline, Font color: Black Formatted: Tabs: 1.5", Left + Not at -0.06" + 0" ATTACHMENT C ene:ineer. Anv standard in this parae:raph (2) mav be reduced to the standard for streets servine: two (2) lots. where a drivewav departs from the road and two lots remain to be served. and a turnaround is provided. (d) Minimum allowable radius. The radius for horizontal curvature shall be fortv (40) feet or e:reater. unless otherwise authorized bv this chapter. 3. Streets servinfl six lots or more. (a) Streets in areas desi!!nated as rural areas. In rural areas deshmated on the comorehensive olan. Vir!!inia Deoartment of Transoortation standards shall aoolv exceot that the commission mav approve Vire:inia Deoartment of Transportation standards for mountainous terrain. where for a soecific. identifiable reason. the I!eneral welfare. as oooosed to the oroorietarv interest of the subdivider. would be better served bv the aoolication of those standards. The commission may imoose any condition nertaininl! to the road it deems reasonable and necessary in coniunction with any aporoval oursuant to this section. (Taken from 14-233 D & E) (b) Streets in area~ desi!!nated as develonment areas. Tn develooment areas deshmated on the comorehensive olan. the Virpinia Denartment of Transoortation standards shall aoolv exceot that the commission may allow Vir!!inia Denartment of Transnortation standards for mountainous terrain or such alternative standards in the desÎ!m standards manual or otherwise approved bv the countv en!!:ineer. . The commission may imoose any condition oertaininl! to the road it deems reasonable and necessary in coniunction with any anoroval nursuant to this section. (Taken from 14-233 D and E) 4. Streets servinfl familv subdivisions. Easement or ri!!:ht-of-wav widths shall be ten (10) feet minimum. The survevor shall include the followin!!: wordin!!: on the final plat: "The existine: and/or proposed ri!!:ht-of-wav is of adeQuate width and horizontal and vertical alj¡mment to accommodate a travelwav oassable bv ordinary passen!!:er vehicles in all but temporary extreme weather conditions to!!:ether with area adeQuate for maintenance of the travelwav. as reQuired bv section 14-412 ofthe Albemarle County Code." B Private streets servinfl the fleneral welfare' non-residential attached residential multi-unit residential and combined residential and non-residential vrivate streets. A private street authorized bv sections 14-232(A)(2t 14-232(8)(3) or 14-232(8)(4) shall confonn to Vir!!:inia Department of Transoortation standards or such alternative standards in the desj¡m manual or otherwise approved bv the commission upon the recommendation of the county ene:ineer. The a!!:ent may reauire minimum travelwav widths to provide for on-street oarkine: upon a detennination that the provisions for off-street parkin!!: may be inadeQuate to reasonablv preclude unauthorized on-street oarkin!!: C Gearin!? land for imvrovements. A private street constructed to Vir!!:Înia Department of Transportation standards shall not be subiect to that department's reQuirements or practices for clearine: land to achieve reQuired si!!:ht distance. D. Landscavin!? and other imvrovements vermitted. SubseQuent to construction of a private street a subdivider may insta]] ornamental plantin!!:s and any other imnrovements 6 ATTACHMENT C provided that they do not conflict with sÏ!.?:ht distance. drainage facilities or other reauired improvements. E. Waiver The reauirements of subsection 14-412 (A )(2)( a)... relatin!! to street easements or ri!!ht-of-wav widths ofthirtv (30) may be waived bv the commission as Provided in section 14-225.1. In reviewinl!: a waiver reauest for a lesser d!!ht-of-wav. the commission shall consider whether (j) the subdivision will be served bv an existin!! easement of fixed width. which cannot be widened bv the subdivider after documented !!ood faith effort bv him to acouire additional ri!!ht-of-wav width: and (m the existin!! easement is of adeouate width to accommodate the travelwav as reouired bv section 14-412 (A)(2)(a) to!!ether with area adeouate for maintenance of the same. Where a waiver reouest for 14-412 (A)(2)(a) oertains to minimum ri!!ht-of-wav width reouirements over any existin!! brid!!e or other structure the commission shall consider whether (j) the lon!!-term environmental imoacts of resultin!! from not widenin!! the brid!!e or structure. as determined bv the county en!!ineer. outwei!!h comolvinv with the minimum dvht-of-wav width reouirements: or (m whether the bridve or structure is a historical structure. The commission may imoose any condition oertainin!! to the road it deems reasonable and necessary in coniunction with any aooroval oursuant to this section. (Taken from 14-233 Band C) CURB/CURB AND GUTTER Sec. 14-410 Standards for all streets and allevs. The following minimum desilm standards shall applv to all streets and alleys within a subdivision- A. Lavout. Each street shall be configured to the extent Practicable to conform to the natural topography to minimize the disturbance of critical slopes and natural drainal!:e areas. and to Provide vehicular and pedestrian interconnections within the subdivision and existinl!: or future development on adioininl!: lands B. Anrde of intersection. An angle of intersection of not less than eil!:htv (80) degrees is acceptable: however. a pemendicular intersection. where Practical. is Preferred. The county enl!:ineer may grant an exception to this reauirement for a private street in accord with American Association of State Hil!:hwav and Transportation Officials !!uidelines C. Temvorarv turnarounds. Streets more than three hundred (300) feet in length from an intersection or Proposed to serve more than four (4) dwellin I!: units that terminate temporarilv shall be provided with a temporary turnaround meetinl!: American Association of State Hil!:hwav and Transportation Officials !!uidelines The temporary turnaround shall be extended to the abuttinl!: Propertv line unless a waiver is !!ranted as orovided in section 14-409(D)' The temporary turnaround shall exist until the street extensions are accepted into the secondary system of state hil!:hwavs D. Allevs. Allevs with a ril!:ht-of-wav or easement width of not less than twenty (20) feet may be Provided in the rear or side of all commercial industrial and residential lots The desilm specifications shall be determined bv the county engineer. subiect to the following: (]) the alley desilm shall allow emefl!:encv services vehicles such as police cars and ambulances to use 7 ATTACHMENT C the alley: and (2) an alley need not be desilmed to accommodate the laf!!:est emef!.!:encY seryices yehicles. excent that if firetrucks do not haye adeQuate access to one or more lots from a street. the county encineer shall reQuire that the alley be desilmed to accommodate firetrucks. The a!!ent may authorize an alley to be established with a ri!!ht-of-way or easement width of less than twenty (20) feet if the director determines that. based un on the recommendation of the county en!!ineer. the Dfonosed desilm incofDorates features that assure nublic safety and welfare. The county en!!ineer shall consider the nroyision of adeQuate access to reQuired on site narkin!! and/or garages. unimneded yehicular circulation along the alley. an adeQuate clear zone along the alley. and other safety issues deemed anDfonriate for the conditions. Alley rights-of-way may either be established as nriyately held fee simnle interests or as nrivatelv held easements. E. Reserved or suiie sirius. Reserved or snite strins restrictin!! access to an existing or future street or alley shall not be nermitted: nrovided that nothing herein shall Dfohibit areas for scenic }2lanting and landscaning where adequate acq:ss to the adioiningJands is otherwise available. F Princiual means of access. The nrincinal means of access to a subdivision shall conform. in the case of a nublic street. to Vircinia Denartment of Transnortation standards or. in the case of a nrivate street to the standards of the county as set forth in section 14-412 throu!!hout the street's lemrth. including any distance between the boundarY of the subdivision and any existin!! nublic street. If discharge water of a one hundred (100) year storm could reasonablv be anticinated to inundate. block. destroy or otherwise obstruct a nrincinal means of access to a residential subdivision the followin!! shall also annlv: I. The nrincinal means of access shall be desilmed and constructed so as to Dfovide unobstructed access at the time of flooding. subiect to the reQuirements of section 30.3. flood hazard overlay district. of the zonin!! ordinance: and/or 2. An alternative means of access which is not subiect to inundation. blockage. destruction or obstruction. and which is accessible from each lot within the subdivision shall be constructed G. Drainaf!e. AdeQuate drainage control shall be orovided for streets bv installing culverts under streets: side. lead or outlet ditches: catch basins' curb inlets' or any other devices including ninin!! as determined to be necessary bv the county en!!ineer All of these imnrovements shall meet the standards of the county or. in the event no county standards exist. Virginia Deoartment of Tran snortati on standards H Curb. curb and flutter sidewalh and ulantinf! sirius. In every develooment area desi¡mated in the comDfehensive nlan streets shall be constructed with curb or curb and I!utter sidewalks and olantin!! strins. Sidewalks and nlantin!! strios shall desilmed and constructed in comoliance with section 14-422 The reQuirement for curb or curb and !!utter may be waived bv the commission as Dfovided in section 14-225.1. In reviewin!! a waiver reauest to allow a rural standard road instead the commission shall consider: (j) number of lots in tbe subdivision and the tvoes of lots to be served: (in the lenpth of the street: (iin whether the orooosed street(s) or street extension connects into an existinp system of streets constructed to a rural cross-section: (iv) wbether the street terminates in the neiphborhood or at the edl!e of the develooment area or is otherwise exnected to orovide interconnections to ahuttinl! areas: (v) whether a rural cross-section in the develooment areas furthers the poals of the 8 ATTACHMENT C comorehensive olan. with oarticular emohasis on the nei!!hborhood model and the aoolicable nei!!hborhood master olan: (vi) whether or not allowin!! use of a rural cross- section would enable the overall desi!!n of the subdivision to better achieve the orincioles of the nei!!hborhood model: and (vii) whether the orooosed density of the subdivision is consistent with the density recommended in the land use olan section of the comorehensive ~ SIDEWALKS AND PLANTING STRIPS Sec. 14-422 Sidewalks and olantin!! strios. Sidewalks and olantin!! strios shall be orovided as follows: A. Rea uirem ent. Sidewalks and olantim~ strios for street trees and other ve!!'etation shall be established on both sides of each new street within a subdivision creatin!!' lots for sinple familv detached and sin!!'le familv attached dwellin!!'s within any develooment area deshmated in the comorehensive olano B. Sidewalk desÍ!m. Each sidewalk orooosed to be acceoted for maintenance bv the Vir!!inia Deoartment of Transoortation shall be desi!!'ned and constructed accordin!!' to Vir!!'inia Deoartment of Transnortation standards or to the standards in the desi!!'n standards manual. whichever is !!reater. All other sidewalks shall be constructed usin!!' concrete and desi!!'ned so that no concentrated water flow runs over them and as otherwise orovided in the desi!!'n standards manual. The a!!'ent may modify the reQuirement that such sidewalks be constructed usin!!' concrete and allow a 10-foot multi-use asnhalt nath in unioue circumstances such as a oath leadinp to a school or maior emolovment center. The asnhalt nath !!'enerallv shall run oarallel to the street. C. Sidewalk ownershin. Each sidewalk shall be dedicated to oublic use or conveyed to a homeowners association for ownershin and maintenance. The apent may reQuire that the sidewalk be dedicated to nublic use if the a!!'ent determines there is a need for the sidewalks to be oublicJv owned and maintained. D. PlantÍnf.! strio desif.!n. Each olantin!!' strio shall be a minimum of six (6) feet in width exceot that the minimum width may be less in areas of transition between rural cross-section and urban cross-section streets. E. Waivers from sidewalk reauirement.... The reQuirements for sidewalks may be waived bv the commission as nrovided in section 14-225.1. In reviewin!!' a reQuest to waive the reQuirement for sidewalks. the commission shall consider: (j) whether a waiver to allow a rural street standard has been !!'ranted: (ii) whether a surface other than concrete is more aoorooriate for the subdivision because of the character of the orooosed subdivision and the surroundin!!' nei!!'hborhood: (iii) whether sidewalks on one-side of the street are aoorooriate due to environmental constraints such as streams. stream buffers. critical slones. floodnlain. or wetlands or lots are nrovided on onlv one side of the street: (iv) whether the sidewalk reasonablv can connect into an existin!!' or future oedestrian system: (v) whether the len!!'th of the street is so short and the density of the develooment is so low 9 A TT ACHMENT C that it is unlikelv that the sidewalk would be used: (vi) whether an alternate oedestrian svstem includin!! an alternative oavement could orovide more aoorooriate access throu!!hout the develooment and to adioinin!! orooerties: (vii) whether the waiver oromotes the !!oals of the comorehensive Dlan. the nei!!hborhood model. and the aDDlicable nei!!hborhood master DIaD: and (viii) whether waivin!! the reouirement for sidewalks would enable the overall desi!!n of the subdivision to better achieve the orincioles of the nei!!hborhood model. F. Waivers from nlantin!! strin reauirements. The reouirements for olantin!! strios mav be waived bv the commission as orovided in section 14-225.1. In reviewin!! a reouest to waive the reouirement for olantin!! strios. the commission shall consider: (j) whether a waiver to allow a rural street standard has been !!ranted: (ii) whether a sidewalk waiver has been !!ranted: (iii) whether reducin!! the size of or eliminatin!! the olantin!! strio oromotes the !!oals of the comorehensive olan. the nei!!hborhood model. and the aoolicable neiphborhood master olan: and (iv) whether waivin!! the olantin!! striD reouirement would enable the overall desi!!n of the subdivision to better achieve the DrinciDles of the nei!!hborhood model. 10 RESOLUTION RIVANNA RESERVOIR WHEREAS, the Rivanna Reservoir is a crucial natural resource for Albemarle County, for a source of drinking water and for recreational and scenic values and for its role in the Chesapeake Bay watershed; and WHEREAS, the Reservoir's useable storage has been reduced by roughly 39 percent by sedimentation since its construction, which equates to about 65,000 cubic yards of sediment annually; and WHEREAS, approximately one-half of the current and projected water needed through 2020 for the Charlottesville/Albemarle County community is directly attributable to sedimentation of the Rivanna Reservoir; and WHEREAS, starting in 1997, the Rivanna Water and Sewer Authority has been investigating long-range solutions to water supply for the community with dredging being a key part of the future water supply strategy; one which has widespread public support and was the subject of a 2003 Technical Memorandum for the Rivanna Water and Sewer Authority; and WHEREAS, a similar situation existed in Decatur, Illinois, with their water resource, with storage volume cut by 35 percent and 160,000 tons of sediment entering Lake Decatur each year (equating to 7,273 semi-truck trailer loads); and WHEREAS, elected officials in that community decided not to let their lake die, hiring a Maryland firm to dredge 2.1 million cubic yards in 1993-1994 for $6.5 million, reclaiming nine percent of the lake's storage volume and now plan a $25.0 million multi-year project to remove more sediment and reclaim more volume; and WHEREAS, staff in the Illinois community is convinced that "sediment is a growth industry" and is finding markets for the dredged materials; and WHEREAS, the County has already shown interest in reservoir sediment removal, carrying out waterway buffer education programs in 1999, and, in 2000 and 2001, preparing a report on sediment research needs for the Rivanna Reservoir through the Thomas Jefferson Water Resources Advisory Committee; NOW THEREFORE, the Albemarle County Board of Supervisors states its interest in the life of the Rivanna Reservoir and requests that the Rivanna Water and Sewer Authority and the Albemarle County Engineering, Watershed Protection office, and Planning Department investigate more thoroughly the potential for dredging the Rivanna Reservoir; and FURTHERMORE, that they include in that investigation a further analysis at least of the Decatur, Illinois, situation and the Ellicott "mud caf' as based in Baltimore, Maryland (with Baltimore Dredges, LLC); and FURTHERMORE, that the recent Gannett Fleming report that was based on the need to dredge the Reservoir completely to regain the original Reservoir's useable storage at an estimated cost of $127.0 million to $145.0 million be reconsidered with a goal of maintenance dredging as one portion of the water supply equation; and FURTHERMORE, IN SUMMARY, the Board of Supervisors holds that the Rivanna Reservoir is too important in myriad ways for it to be consigned to be filled with silt without a determined effort to retain its life, and that the role of dredging in this determined effort needs serious attention. 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, Virginia, by a vote of to as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Ave Nav Mr. Bowerman Mr. Boyd Mr. Dorrier Mr. Rooker Ms. Thomas Mr. Wyant MEMORANDUM TO: ROBERT W. TUCKER, JR., ALBEMARLE COUNTY EXECUTIVE FROM: THOMAS L. FREDERICK, EXECUTIVE DIRECTOR DATE: DECEMBER 3, 2004 SUBJECT: DREDGING RESOLUTION PROPOSED TO BOARD OF SUPERVISORS I have had an opportunity to review the Dredging Resolution that has been proposed for consideration by the Albemarle County Board of Supervisors and offer the following comments to assist the Supervisors in the consideration of this issue: (1) Rivanna concurs with the importance of the reservoir and watershed as outlined in the first whereas clause, and the data provided in the second and third whereas clauses agree with the data presented by Gannett Fleming to R WSA. (2) RWSA staff was informed by the County Planning staff one day before the Public Outreach Meeting on dredging that Mr. Martin had contacted the County about a dredging project in Decatur, Illinois. We immediately referred this information to Gannett Fleming and they contacted officials in Decatur and visited Decatur's website. Gannett Fleming advised us that Decatur did dredge and dewater/stockpile dredged spoil on a large tract ofland they own adjacent to their water supply reservoir, but they have not transported the dredged spoil to a disposal site away from the reservoir. Gannett Fleming informed us that their estimates for dredging and dewatering at South Fork Rivanna, while conservative and include some contingency as are the estimates for all water supply alternatives, are close to the costs for Decatur when inflation is added to cover the time since Decatur performed dredging. Gannett Fleming has added costs for transportation and disposal (which are significant), assuming that this community will not accept long-term stockpiling of dredged spoil immediately adjacent to the reservoir (the terrain around the South Fork is also steeper than the terrain in Decatur, making such a stockpiling without erosion back to the reservoir more difficult). In the past two weeks the RWSA staff have been heavily focused on the December 2 Public Outreach Meeting, but we do plan to have further discussions with Decatur and take advantage of any breakthrough opportunities or ideas such contact may bring. (3) We've heard several references in public comment that the "lake will die" if dredging is not performed, but this phrase is very general, means different things to different people, and is therefore difficult to respond to. R WSA does not accept as "fact" the assertion of some that the lake has to die if dredging is not done soon. This community may select dredging as a water supply alternative, but we believe a balanced discussion at this point in the study should include a plan to aggressively manage the reservoir whether or not dredging is selected for Memo to Robert W. Tucker, JT. December 3, 2004 Page 2 water supply. Such aggressive management includes watershed protection measures targeted toward reduced sediment transport (while recognizing some natural transport will always occur) and regular monitoring of the quality of the reservoir. Watershed protection extends the time that the reservoir is maintained as healthy, and monitoring provides an early warning if more aggressive maintenance becomes necessary in the future (of which dredging may be an alternative solution) is needed in the future. Watershed protection will be a collaborative effort, taking advantage of planning, regulations, and expertise that resides within the Albemarle County staff as well as R WSA. (4) The first resolved clause of the dredging resolution asks RWSA to "investigate more thoroughly the potential for dredging". In order for RWSA to be responsive, this statement needs to be more specific. We can identify a cost and time schedule for specific requests for additional engineering services. We have carefully developed the scope of Gannett Fleming's contract to provide what we believe to be the appropriate level of detail at each phase of a screening process, in order to provide useful information for decision making while also managing a project budget. It should also be noted that if the Board of Supervisors want to direct RWSA to perform additional work that increases the cost of the project, such direction could affect the current cost share agreement between the City and the Albemarle County Service Authority if the Charlottesville City Council does not agree with the need for the additional work. (5) In reference to the second resolved clause, Gannett Fleming is already investigating the Decatur situation and the "mud cat" as previously mentioned in my comments above. (6) The third resolved clause discusses "reconsidering" dredging with the goal of maintenance dredging, which I assume means maintaining current levels of sediment in the reservoir. Gannett Fleming has suggested the removal of 100,000 cubic yards of sediment from the reservoir per year for 50 years to restore 85% of the initial water supply pool, followed by 75,000 cubic yards per year to maintain that condition. If the community elected only to maintain the current volume, such goal could be achieved by removing 75,000 cubic yards per year initially and beyond 50 years. Except for mobilization and demobilization of equipment, the estimated costs of dredging are linear and can be adjusted to the volume desired. It is recognized that if a smaller dredging project is selected, the safe yield gained is smaller, which increases the size of other projects to achieve the 9.9 MGD added safe yield goal of the overall project. I hope this information is helpful in the consideration of the dredging resolution. Please let me know if you have any further questions. cc: RWSA Board of Directors COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SP-2004-0016. Forest Lakes North Swim and Tennis Club (Signs #23&94) and SP-2004-0017. Forest Lakes South Swim and Tennis Club (Sign #18) SUBJECT/PROPOSAL/REQUEST: Request for special use permit to allow all Forest Lakes Associates developments within the Forest Lakes North and Forest Lakes South neighborhoods to use the swim and tennis club facilities of either neighborhood in accordance with Sections 5.1.2, 5.1.16, 15.2.2.4, 18.2.2.4, 20.4.2.1, and 22.2.2.6 of the Zoning Ordinance which allows for swim, golf, tennis ad similar facilities. The properties are described as Tax Map 46B3 Parcel B (8.5.5.9 acres, zoned R-4) and Tax Map 46B5 Parcel 1 B (6.5.5.2 acres, zoned PUD). STAFF CONTACTCS): Tucker, Foley, Graham, Cilimberg, Benish, Echols LEGAL REVIEW: Yes AGENDA DATE: December 8, 2004 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: NO REVIEWED BY: BACKGROUND: At the November 3, 2004 Board of Supervisors meeting, a public hearing was held on the special use permit requests for the swim and tennis club facilities at Forest Lakes North and South. At the hearing, staff informed the Board that the applicant had requested minor wording changes to the recommended special use permit condition. Staff had no problem with the requested change in wording; however, the Forest Lakes Community Association, future owner of the property, wished to have the wording reviewed by their attorney. Staff recommended that action be postponed until that review took place. The Board agreed to defer action and said that the item could be brought back as a consent agenda item in December. STRATEGIC PLAN: Strategic Direction 2: Protect the County's natural, scenic and historic resources. Strategic Direction 3: Enhance the Quality of Life for all Albemarle County Citizens DISCUSSION: The Forest Lakes Community Association has agreed to the wording of the recommended condition. All outstanding issues have been resolved. RECOMMENDATIONS: Staff recommends that the two special use permits be approved with the following condition: 1. The use, as approved, shall be limited to the residents and guests of the following developments: Forest Lakes South, Springridge, Lanford Hills, Steeplechase, Amberfield, Cove Pointe, Edgewater, Gateway, Worth crossing, Chelsea, Arbor Lake, Waterford, Watercrest, Copperknoll, Echo Ridge, Ridgefield, Poplar Ridge, Heather Glen, Whispering Woods, Timberwood, Timber Pointe, Autumn Woods. Any future residential developments contiguous to the developments listed, that are added to the Forest Lakes Community Association, may be permitted to use the facilities. The total number of additional dwelling units in future residential developments permitted to use the facilities shall not exceed 125. 04.202 -:? .:) - ~r ,L. I .: Phone (434) 296-5832 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Fax (434) 972-4126 November 18, 2004 Brian S. Ray, L.S. 1717-1B Allied Street Charlottesville, VA 22903 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 37, Parcel 6 (Property of George Frost) Section 10.3.1 Dear Mr. Ray: The County Attorney and I have reviewed the title information for the above-noted property. It is the County Attorney's advisory opinion and my official determination that Tax Map 37, Parcel 6 is comprised of two separate parcels. Tract 1 contains approximately 75 acres and Tract 2 contains approximately 108.06 acres. Each of these parcels has five (5) development rights. These parcels are shown on a survey by Roger W. Ray that is enclosed. This determination is based on the following analysis: Our records indicate Tax Map 37, Parcel 6 contains 183.060 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Will Book 107, page 585. The most recent deed for this parcel recorded prior to December 10, 1980, the date of the adoption of the ordinance, is recorded in Book 301, page 445, dated August 14, 1952, conveyed 183.06 acres from Justine Dickson Ferguson to Granger H. Frost and Dorothy E. Frost. The parcel is more particularly described, in part, as Tracts Nos. 1 and 2 on a plat made by A.G. Briggs dated April 24, 1916, recorded as part of a deed from S.M. Nottingham in Deed Book 185, page 591. The plat identifies Lot 1 as the property of W.M. Locker and shows it contains 75 acres. The plat identifies Lot 2 as the property of A.M.Sindlinger and shows it contains 108.06 acres. On the basis of this deed and the prior plat, the 75-acre parcel and the 108.06-acre parcel are each determined to be separate lots of record with five (5) development rights. 1:\DEPT\BCZS\Determin of Parcel\37-6 Frost.doc Brian S. Ray November 18, 2004 Page 2 Deed Book 1196, page 95, dated December 18, 1991, conveyed property from Granger H. Frost and Dorothy E. Frost as Tenants in Common to themselves as Tenants by the entirety. The property is described as being the same two tracts as were conveyed by the deed recorded in Deed Book 301, page 445. It is determined that this deed had no effect on the status of the parcels or their development rights. Deed Book 1196, page 357, dated December 23,1991, conveyed Dorothy E. Frost's interest in property to Granger H. Frost. Dorothy E. Frost retained a life estate in the property. The property is described as being the same two tracts as were conveyed by the deed recorded in Deed Book 1196, page 95. It is determined that this deed had no effect on the status of the parcels or their development rights. Deed Book 1196, page 360, dated December 23, 1991, Granger H. Frost conveyed a life estate and a vested remainder interest in property to George Frost. The property is described as being the same two tracts as were conveyed by the deed recorded in Deed Book 1196, page 95. It is determined that this deed had no effect on the status of the parcels or their development rights. Will Book 107, page 585 documents that Dorothy E. Frost died on November 29.2003. These parcels are entitled to the noted development rights if all other applicable regulations can be met. These development rights are theoretical in nature but do represent the maximum number of lots containing less than twenty one acres allowed to be created by right. The parcels may also create as many lots containing at least 21 acres as the acreage allows if all other applicable regulations can be met. If you are aggrieved by this determination, you have a right to appeal it within thirty days of the date notice of this determination is given, in accordance with Section 15.2-2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of $120. The date notice of this determination was given is the same as the date of this letter. If you have any questions, please contact me. Sincerely, ohn Shepherd Manager of Zoning Administration I :\DEPT\BCZS\Determin of Parcel\37 -6 Frost.doc Brian S. Ray November 18, 2004 Page 3 Enclosed: Boundary survey Copies: Gay Carver, Real Estate Department Ella Carey, Clerk Board of Supervisors Reading File 111-8Z2 George Frost 7579 Happy Creek Road Gordonsville, VA 22942 1:IDEPTIBClSIDetermin of Parcel\37-6 Frost.doc ; z ??~~~ ~~~~~ &e¡~7 I_C/.I_ ~~~'" '" r I ~¡: f ...0 "'ó '", "'. "'", 'en ~ f _0 "'. "'''' .", W· -'" .~ 0: 0: ;:: r > % '" ?' -4 ?JinX Õ~ln "'D- ..."', ,~'" "'D~ "'~ "' 0: ~ õ o o en o TCH LINE ,TCH LINE ...- OD CO zz a 548'J2' IJ"W en n >- r- f1:1 n :r ....~ D ~S~~ "O::::_:D atT'l~x z"'_· r11<CD~ .:=~~ .~¡::'" ~;ã~ /UG"JtnO .c-....n !:~:.. :õN.....~ ""~ o w r- o n >- .... m o o z I en ~ ~~ ~,. rriffi 6; J:-o m OJ: ~;;¡~'!5 ~ J:<mm...C f;;~g¡=:~a n~p:¡-<:"¡~ ~02~""-< ~~~(i')~ê ;<-1 m~:D <;;¡~!Ien¡;¡ ~i~mm -< ;;~ OJ¡ ..~ "0 z>- ~~ o >- ¡;¡ .... iJi m m J: J: ê .... f1t N W ... ... . '" '" a D "'." 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COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Fax (434) 972-4126 Phone (434) 296-5823 November 18, 2004 Debbie Balser 1150 Shenandoah Village Drive Waynesboro, VA 22980 RE: SDP 2004-00095 Arrowhead/Ntelos; Tax Map 88 - Parcel 26 Dear Ms. Balser: The Albemarle County Planning Commission, at its meeting on November 9, 2004, by a vote of (6: 1) approved the above-noted petition to allow the installation of a Tier II Personal Wireless Service facility with a monopole that is not more than 7 feet in height above the tallest tree within 25 feet. The Commission denied the applicant's request for the proposed height of 10 feet above the tallest tree. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me (434) 296-5823. Sincerely, ~~ Stephen Waller Senior Planner Cc: Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse Valerie Long McGaireWoods UP - Court Square Building 31 0 Fourth Street N. E., Suite 300 P.O. Box 1288 Charlottesville, VA 22902-1288 Phone: 434.977.2500 . Fax: 434.980.2222 www.mcguirewoods.com ValerieW. Long McGUIREWCDOS Direct 434.977.2545 vlongOmcguirewoods.com Direct Fax: 434.980.2265 November 30,2004 Members of the Board of Supervisors Albemarle County, Virginia 401 Mcintire Road Charlottesville, VA 22902 Re: SDP 04-095 Wood. T.E. (Ntelos/Arrowhead) Dear Members of the Board: . I am representing Ntelos, which proposed a personal wireless services facility on property owned by T.E. Wood located on Route 29 south, near the intersection of Arrowhead Valley Road. On November 9, the Planning Commission approved SPD 04-095 as the first personal wireless services facility considered under the new wireless ordinance the Board approved on October 13, 2004. While Ntelos was pleased that the facility was approved, it was disappointed that the Commission denied Ntelos' request that the facility be approved at a height ten feet above the top of the trees, as requested. Pursuant to the provisions of the new ordinance, Ntelos has respectfully elected to appeal this denial to the Board of Supervisors for its consideration on December 8. Section 5.1.40(d)(6) of the new wireless ordinance states that the top of the monopole may not be more than seven feet above the top of the tallest tree within twenty-five feet of the monopole, but that the Commission can nevertheless approve a facility up to ten feet above the tallest tree if the applicant demonstrates that there will be no material difference in the visibility of the monopole at that height rather than at seven feet above the tallest tree, and that there is not a material difference in adverse impacts to resources identified in the county's open space plan caused by the monopole at the proposed height. The staff report had already concluded that the facility would not have any adverse impacts to resources identified in the county's open space plan, and the Commission did not disagree with this conclusion. The issue is therefor whether there is a material difference in the visibility of the pole at ten feet above the tallest tree rather than seven feet above. Merriam Webster's Collegiate Dictionary (10th Ed.) defines material as "having real importance or great consequences." Prior to the Planning Commission hearing Ntelos submitted evidence in the form of photosimulations demonstrating that there is no material difference in the visibility of the facility at ten feet above versus seven feet above. The photosimulations demonstrate . November 30, 2004 Page 2 that given the existence of a wooded backdrop of trees behind the facility from all vantage points, the difference in three feet of height between what was proposed and what was approved does not create a difference in visibility that has "real importance or great consequences." Thus, there is no material difference in visibility. This conclusion is strengthened by the fact that the facility is located over 1140 feet from the pavement of Route 29 at its closest point. So when viewed with the naked eye, the difference in visibility of the facility at the proposed height versus at seven feet above the tallest tree, may barely even be noticeable, much less be material. The photosimulations were made using balloon test photographs taken using a zoom lens. For your reference I have included copies of the photosimulations that were provided to the Commission. The proposed facility would entirely replace an existing Ntelos facility on the same parcel that was approved and constructed in 1998, but that no longer functions adequately. The facility was sited at too low of an elevation for the surrounding topography and vegetation, and with the growth of the surrounding trees over the past six years, now causes dropped calls along Route 29 in nearly every instance. Ntelos has detennined that relocating the facility to a higher elevation is the only feasible option to ensure quality service for its customers, and wants to ensure that the new facility will function well. The difference in the quality of service from a facility that is seven feet above the tallest tree versus ten feet above the tallest tree is significant. With the "tree- top" design facility, every extra foot of distance between the bottoms of the panel antennas and the tops of the trees means less signal inteñerence, and better coverage. Given that the expected visibility between the facility at ten feet above versus seven feet above will not be material, I am hopeful the Board will agree that Ntelos has met the standard in Section 5.1.40(d)(6) that warrants the Board's approval of the facility at the proposed height of ten feet above the tallest tree. I sincerely appreciate your thoughtful consideration of this request, and would be pleased to address any questions or comments you may have regarding this matter. If I can be of assistance in any way, please feel free to contact me at my office at 977-2545 or at home at 293-8407. Sincerely, ;;{W-~ {)J I~ Valerie W. Long Enclosures cc: Debbie Balser, Ntelos \\R.EA\241416.1 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SP-2004-0016. Forest Lakes North Swim and Tennis Club (Signs #23&94) and SP-2004-0017. Forest Lakes South Swim and Tennis Club (Sign #18) SU BJ ECT/PROPOSALlREQUEST: Request for special use permit to allow all Forest Lakes Associates developments within the Forest Lakes North and Forest Lakes South neighborhoods to use the swim and tennis club facilities of either neighborhood in accordance with Sections 5.1.2, 5.1.16, 15.2.2.4, 18.2.2.4, 20.4.2.1, and 22.2.2.6 of the Zoning Ordinance which allows for swim, golf, tennis ad similar facilities. The properties are described as Tax Map 46B3 Parcel B (8.5.5.9 acres, zoned R-4) and Tax Map 46B5 Parcel 1 B (6.5.5.2 acres, zoned PUD). STAFF CONTACTCS): Tucker, Foley, Graham, Cilimberg, Benish, Echols AGENDA DATE: December 8, 2004 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: NO REVIEWED BY: LEGAL REVIEW: Yes -BACKGROUND: At the November 3, 2004 Board of Supervisors meeting, a public hearing was held on the special use permit requests for the swim and tennis club facilities at Forest Lakes North and South. At the hearing, staff informed the Board that the applicant had requested minor wording changes to the recommended special use permit condition. Staff had no problem with the requested change in wording; however, the Forest Lakes Community Association, future owner of the property, wished to have the wording reviewed by their attorney. Staff recommended that action be postponed until that review took place. The Board agreed to defer action and said that the item could be brought back as a consent agenda item in December. STRATEGIC PLAN: Strategic Direction 2: Protect the County's natural, scenic and historic resources. Strategic Direction 3: Enhance the Quality of Life for all Albemarle County Citizens DISCUSSION: The Forest Lakes Community Association has agreed to the wording of the recommended condition. All outstanding issues have been resolved. RECOMMENDATIONS: Staff recommends that the two special use permits be approved with the following condition: 1. The use, as approved, shall be limited to the residents and guests of the following developments: Forest Lakes South, Springridge, Lanford Hills, Steeplechase, Amberfield, Cove Pointe, Edgewater, Gateway, Worthcrossing, Chelsea, Arbor Lake, Waterford, Watercrest, Copperknoll, Echo Ridge, Ridgefield, Poplar Ridge, Heather Glen, Whispering Woods, Timberwood, Timber Pointe, Autumn Woods. Any future residential developments contiguous to the developments listed, that are added to the Forest Lakes Community Association, may be permitted to use the facilities. The total number of additional dwelling units in future residential developments permitted to use the facilities shall not exceed 125. - 04.202 McGuireWoods LLP Court Square Building 310 Fourth Street N.E., Suite 300 P.O. Box 1288 Charlottesville, VA 22902-1288 Phone: 434.977.2500 Fax: 434.980.2222 www.mcguirewoods.com Direc~a~;~e9~·.~~:~ McGUI RE\NCDDS v long@mcguirewoods.com Direct Fax: 434.980.2265 November 12, 2004 VIA FACSIMILE, E-MAIL AND HAND DELIVERY Ella W. Carey, Clerk Albemarle County Board of Supervisors 401 Mcintire Road Charlottesville, VA 22902-4596 Mr. Stephen Waller Albemarle County Department of Planning & Community Development 401 Mcintire Road, Room 218 Charlottesville, VA 22902-4596 Re: SDP 04-495 Wood, T.E. (Ntelos/Arrowhead) - Tier II PWF Dear Mr. Waller and Ms. Carey: On behalf of our client Ntelos, and pursuant to section 5.1.40(d)(6) of the Albemarle County zoning ordinance, we hereby respectfully appeal the denial by the Planning Commission of Ntelos' request that the wireless facility proposed pursuant to SDP 04-094 be approved at a height of ten feet taller than the tallest tree within 25 feet of the monopole. The Planning Commission's action took place on November 9, 2004. Ms. Carey, I understand we should coordinate with you as to the date that the Board of Supervisors would hear this appeal, and request that the item be placed on the Board's agenda for December 1 . Should you require anything further to effectuate this request, please contact me at 977- 2545. Sincerely, VttÚNù' ¡,J.y~ Valerie W. Long VWL/lkw cc: Mr. Greg Kamptner (via facsimile) Ms. Debbie Balser, Ntelos (via e-mail) \\REA \238983.\ . . . STAFF PERSON: PLANNING COMMISSION: STEPHEN B. WALLER, AICP NOVEMBER 9, 2004 SDP 04-095 WOOD. T.E. (NTELOS/ARROWHEAD) - TIER II PWF PROPOSAL: This proposal is for the installation of a personal wireless service facility, which would replace an existing facility that was approved as SP 98-09 (Attachment A). The facility would have a monopole equipped with one array consisting of two 5-foot long by I-foot wide, flush-mounted panel antennas at its top. Supporting ground equipment would be contained within two 5.5-foot tall and 4.7-foot wide cabinets on a 160 square foot concrete pad. The lease area for the proposed facility is located on property described as Tax Map 88 - Parcel 26, containing approximately 71.34 acres zoned Rural Areas and Entrance Corridor (Attachment B). This site is located on Arrowhead Valley Road [State Route 745] just east of the intersection with U.S. Route 29 South, in the Samuel Miller Magisterial District. The Comprehensive Plan designates this property as Rural Area 4. Access to the facility would be taken from an existing gravel road within a 20-foot wide private access easement that begins at the south side of Arrowhead Valley Road, approximately 1/8 mile east of the intersection with Route 29. The existing gravel driveway would have to be extended approximately 167 feet to the east, over an existing dirt road and then 83 feet north through the a wooded area to connect with the lease area. This item was originally submitted as a special use permit. However, the Board of Supervisors recently adopted the zoning text amendment for personal wireless service facilities, which allows Tier IIfacilities to be approved by right (see Attachment C). Character of the Area: The nearest dwelling is located approximately 1100 feet north of the facility site on an adjacent parcel. The closest property line, which is the boundary shared with Tax Map 88/ParceI20, is 130 feet south ofthe proposed monopole location. With an exception of the adjoining property located at the northwestern tip of the subject parcel (Tax Map 88/ParceI26A) which is zoned 11, Light Industrial, all other adjacent properties are zoned Rural Areas. STAFF COMMENT: Section 3.1 provides the following definitions that are relevant to this proposal: Tier II personal wireless service facility: A personal wireless service facility that is a treetop facility not located within an avoidance area. Treetop facility: A personal wireless service facility consisting of a self-supporting monopole having a single shaft of wood, metal or concrete no more than ten (10) feet taller than the crown ofthe tallest tree within twenty-five (25) feet ofthe monopole, measured above sea level (ASL), and includes associated antennas, mounting structures, an equipment cabinet and other essential personal wireless service equipment. 1 Avoidance area: An area having significant resources where the siting of personal wireless service facilities could result in adverse impacts as follows: (i) any ridge area where a personal wireless service facility would be skylighted; (ii) a parcel within an agricultural and forestal district; (iii) a parcel within a historic district; (iv) any location in which the proposed personal wireless service facility and three (3) or more existing or approved personal wireless service facilities would be within an area comprised of a circle centered anywhere on the ground having a radius of two hundred (200) feet; or (v) any location within two hundred (200) feet of any state scenic highway or by-way. Section 5.1.40(d), entitled Tier II facilities states (Attachment C): "Each Tier II facility may be established upon commission approval of an application satisfying the requirements of subsection 5 .l.40( a) and demonstrating that the facility will be installed and operated in compliance with all applicable provisions of this chapter. criteria (1) through (8) below. and satisfying all conditions of the architectural review board. The commission shall act on each application within the time periods established in section 32.4.2.6. The commission shall approve each application. without conditions. once it determines that all of these requirements have been satisfied. If the commission denies an application. it shall identify which requirements were not satisfied and inform the applicant what needs to be done to satisfy each requirement. " The applicant has submitted an application and performed a balloon test satisfying the requirements set forth in Section 5.l.40(a). The Architectural Review Board has reviewed this request for compliance with the County's design entrance corridor design guidelines and recommends approval (Attachment D). 1. Section 5.1.40(d)(1): The facility shall comply with subsection 5.1.40(b) and subsection 5 .l.40( c )(2) through (9). Staff has determined that the proposed facility's location comply with all of the exemptions of Section 5.1.40(b) and the proposed equipment meets all relevant design, mounting and size criteria set that are set forth in Section 5 .l.40( c )(2) and (3). The remainder of subsection (c) provides requirements that must be enforced if approval is granted for the facility. However, the applicant has already submitted a tree conservation plan that will be subject to the staff review in accordance with Section 5 .l.40( c)( 4) 2. Section 5.1.40(d)(2): The site shall provide adequate opportunities for screening and the facility shall be sited to minimize its visibility from adjacent parcels and streets. regardless oftheir distance from the facility. If the facility would be visible from a state scenic river or a national park or national forest. regardless of whether the site is adjacent thereto. the facility also shall be sited to minimize its visibility from such river. park or forest. If the facility would be located on lands subject to a conservation easement or an open space easement. the facility shall be sited to so that it is not visible from any resources specifically identified for protection in the deed of easement. The site of the proposed facility site is a 400 square feet wooded lease area, situated below and west of the ridgeline of Dudley Mountain. The ground level elevation of the lease area is located between the 783 and 787-foot contour intervals just below the Mountain Resource Area, which begins at the 800-foot contour interval. During a field visit staff observed the test balloon floated 2 . at the top height of the proposed monopole for this facility from several nearby vantage points. Staff notes that the balloon representing the Ntelos monopole that is being discussed in this report is the smaller of the two in the photos (Attachment E). When viewed from the southbound lane of Route 29, near the intersection with Arrowhead Valley Road, the balloon had backdrop provided by a distant portion of Dudley Mountain to the east, but could be seen above the tops of the trees surrounding the site. The balloon was also observed to have backdrop provided by the eastern slope when viewed from one ofthe adjacent properties, identified as Tax Map 80 - Parcel 26B, adjacent to the west side of Route 29. When viewed from another point located approximately 1-1/4 mile to the north and near the intersection of Arrowhead Valley Road and Locust Hollow Road [State Route 818], the balloon was exposed above the trees surrounding the facility site. Based on the balloon test observations and its location near the top of that lower ridge line it is staffs opinion that the currently proposed site does not meet the requirement for providing adequate screening of the facility in order to minimize its visibility from adjacent properties, regardless of their distance. . The Arrowhead Farm and Woods properties located directly to the south and west ofthe subject parcel (Tax Map 88 - Parcel 20 and Tax Map 89 - Parcel 15), are held in conservation easements, dedicated to the Virginia Outdoors Foundation (VOF). However, because of the varying topography and the amount vegetation between the protected resources it is staff s opinion that the tallest portions of the proposed monopole would be visible from the protected resources located on these properties. Furthermore, due to its brown color and distance of approximately 116 feet from the nearest boundary line that is shared with those properties, the ground equipment serving the facility would not be visible from any of the protected resources within those easements. 3. Section 5.1.40(d)(3): The facility shall not adversely impact resources identified in the county's open space plan. Resources that have been identified as being potentially impacted by this request are mountains, historic sites and forests. Mountains are designated as major open space systems that provide scenic views, naturally forested areas and wildlife habitat, and are recommended for protection in the Rural Areas. Due to the restrictions that the Zoning Ordinance places upon the amount of disturbance that can be made to install these facilities, it is staff s opinion that approval of this facility would not greatly impact the forests on the subject parcel, or any of the neighboring properties within the area. . The Open Space Plan recommends the establishment of Agricultural and Forestal Districts (AG/FOR) for the purpose of protecting the agricultural and forestal uses on properties in the Rural Areas. AG/FOR Districts place certain controls on the location of public utility facilities to landowners who agree to limit development. A portion of Arrowhead Farm and several nearby properties on the western side of Route 29 are included in the Hardware Agricultural and Forestal District. Although the proposed facility is adjacent to these properties, the subject parcel is under separate ownership and is not subject to any of those governing agreements. Therefore, approval of this proposal would not compromise the ability of any of those properties to continually qualify for inclusion into the Agricultural/Forestal district. Arrowhead Farm also contains a historic site, consisting of a residence and outbuildings which 3 are included on the Virginia Landmarks Register and the National Register of Historic Places. Staff does not anticipate that the proposed facility would impose any adverse visual impacts upon the historic structures on that property, which are situated on the western portion of the Arrowhead property near Route 29 and separated from the site by existing, mature vegetation. This observation is supported by limited visibility ofthe existing monopoles. 4. Section 5.1.40(d)(4): The facility shall not be located so that it and three (3) or more existing or approved personal wireless service facilities would be within an area comprised of a circle centered anyWhere on the ground having a radius of two hundred (200) feet. There are two (2) existing personal wireless service facilities located on this parcel. The monopole serving the existing Ntelos facility that would be removed is located on the subject parcel approximately 435 feet west ofthe location for the currently proposed monopole. Another 95-foot tall monopole serving a Triton facility is located 142.3 feet to the west. Both ofthose existing facilities were approved with special use permits that allowed monopoles with top heights of not more than 6 feet above the tallest tree within 25 feet. Once the existing Ntelos facility has been removed, one more additional facility could possibly be installed on this parcel. 5. Section 5.1.40(d)(5): The maximum base diameter of the monopole shall be thirty (30) inches and the maximum diameter at the top of the monopole shall be eighteen (18) inches. The construction plans for the proposed facility show a monopole with dimensions that comply with the width requirements for treetop monopoles serving Tier II facilities. 6. Section 5.1.40(d)(6): The top of the monopole, measured in elevation above mean sea level. shall not exceed the height approved by the commission. The approved height shall not be more than seven (7) feet taller than the tallest tree within twenty-five (25) feet of the monopole, and shall include any base, foundation or grading that raises the pole above the pre-existing natural ground elevation; provided that the height approved by the commission may be UP to ten (10) feet taller than the tallest tree if the owner of the facility demonstrates to the satisfaction of the commission that there is not a material difference in the visibility of the monopole at the proposed height, rather than at a height seven (7) feet taller than the tallest tree; and there is not a material difference in adverse impacts to resources identified in the county's open space plan caused by the monopole at the proposed height, rather than at a height seven (7) feet taller than the tallest tree. The applicant may appeal the commissioner's denial of a modification to the board of supervisors as provided in subsection 5.1.40(d)(12). The proposal is for a facility with a metal monopole, approximately 107.37 feet in total height and with a top height of approximately 892.17 feet Above Mean Sea Level (AMSL). This would result in a monopole that is approximately 10 feet AMSL taller in height than a nearby 100.13- foot tall Poplar tree identified on the applicant's construction plans as tree number 36. The applicant's representatives have submitted photo-simulations, adapted from balloon test photos, to demonstrate the possible differences in the 7-foot and lO-foot requirements to support their request for Planning Commission approval of the requ"ested height. The test balloon that staff observed was only floated at 10 feet above the tallest tree within 25 feet as proposed in the applicant's request. Therefore, staff cannot provide any additional comments regarding this 4 . particular request other than restating the fact that the monopole would appear to be skylighted from at least one location and would extend higher than the ridgeline trees on the surrounding the proposed site of the facility. 7. Section 5.1.40(d)(7): Each wood monopole shall be a dark brown natural wood color; each metal or concrete monopole shall be painted a brown wood color to blend into the surrounding trees. The antennas, supporting brackets, and all other equipment attached to the monopole shall be a color that closely matches that of the monopole. The ground equipment, the ground equipment cabinet, and the concrete pad shall also be a color that closely matches that of the monopole, provided that the ground equipment and the concrete pad need not be of such a color if they are enclosed within or behind an approved structure, facade or fencing that: (i) is a color that closely matches that of the monopole; (ii) is consistent with the character of the area; and (iii) makes the ground equipment and concrete pad invisible at any time of year from any other parcel or a public or private street. In accordance with Section 5.1.40(a)(4)(d) the applicant has provided a sample paint chip and a note on the construction plan identifying the proposed flat dark brown color for the monopole, antennas and ground equipment serving this facility as Twisted Branch - Number 8696N, manufactured by Duron Paint Company. 8. Section 5.1.40( d)(8): Each wood monopole shall be constructed so that all cables, wiring and similar attachments that run vertically from the ground equipment to the antennas are placed on the pole to face the interior of the property and away from public view, as determined by the agent. Metal monopoles shall be constructed so that vertical cables, wiring and similar attachments are contained within the monopole's structure. . The construction plans show that all vertical coaxial cables running from the ground equipment to the antennas would be contained within the metal monopole's structure. 3. Section 704(a)(7)(b )(1)(11) 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. The Telecommunications Act addresses concerns for 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 the proposed facility, the applicant is required to meet the FCC guidelines for radio frequency emissions. These requirements will adequately protect the public health and safety. . No information has been provided to demonstrate the availability, or lack thereof, of any alternative sites on other properties to serve the areas that would be covered by the proposed facility at this site. Therefore, it is staff s opinion that the denial of this application would not have the effect of prohibiting the provision of personal wireless communication services. 5 SUMMARY: Staff has identified the following factors that may be seen as unfavorable to this request: 1. Section 5.1.40(d)(2): The monopole would be skylighted from at least one vantage point near the sight, and; 2. Section 5.1.40(d)(2): The site does not offer adequate opportunities for screening a monopole at the proposed height and location. In the event that the Planning Commission chooses to deny this application staff offers the following comment: In order to comply with the provisions of the Telecommunication Act and with Section 5.1AO(d) of the Zoning Ordinance, the Planning Commission is required to provide the applicant with a statement regarding the basis for denial and all items that will have to be addressed to satisfy each requirement. ATTACHMENTS: A - Applicant's Request, plans and information B - Tax and Aerial Location Maps C - Zoning Ordinance Section 5.1.40 D - Architectural Review Board Recommendations E - Staffs Balloon Test Photos 6 . . . ATTACHMENT A 1150 Shenandoah Village Drive Waynesboro, Virginia 22980 Fax (540) 932-2210 October 22,2004 Mr. Stephen B. Waller AICP, Senior Planner Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 229.02-4596 RE: SP 04-043 Wood (NTELOS) - Tier II application review· Dear Stephen: In response to your letter dated October 14, 2004, we offer the following infonnation: 1. [Section 5.1.40.a(4)(a)] The location ofthe proposed Nextel facility must be shown on the plans. See Sheet Numbers PJ-1 and G-1 on Attached Drawings See Nextel Plans Attached 2. [Section 5.1.40.a(4)(b)] Provide benchmarks and datum used for the elevations that are given on the plans. See Sheet Number G-1 3. [Section 5.1.40.a(4)(d)] Provide a paint chip or other type of color sample identifying the manufacturer's name and number for the paint that will be usèd at this facility. Color: Twisted Branch Manufacturer: Duron Number: 8696N Sample Attached See also Sheet Number S-2 4. [Section 5.1.40.a(4)(e)] Provide the topography within 2000 feet of the proposed facility. See Sheet Number TS-1 ., - - "on' flL ,;;': /\Jul¡ 1. ,. r 1 "... ,:' \,' r/;.':.:_.""·',! J~ .::. f.r<';' " " I ( '. 'ATTACHMENT A 5. [Section 5 .1.40.a( 4 )(f)] Identify all trees that will be adversely impacted or removed during installation of the facility. Currently there are several trees that have drip lines within the bounds of the proposed gravel access road, but only one has been identified. (Please note that this requirement might possibly be satisfied with the submittal of the pending tree conservation plan that was referenced in your letter, dated September 28,2004). See Sheet Numbers G-l and S-4 See Tree Conservation Plan Attached 6. [Section 5.1.40.a(4)(i)] Show the location of all residential and commercial structures within 2000 feet of the facility. , See Sheet Number TS-l 7. [Section 5.1.40.d(6)] The requested height of 10 feet above the tallest tree within 25 feet requires a Planning Commission modification. This modification must be made in a separate action by the Commission upon finding that all criteria ofthis section have been satisfied. Please submit any additional information that you would like staff or the Commission to consider when reviewing this request at your earliest convenience. See Photo Simulations Attached showing views of proposed structure l' above tallest tree within 25 feet as well as views of proposed structure 10' above the tallest tree within 25 feet. Weare requesting that the facility be approved at the height of 10' above the tallest tree within 25 feet, and believe that the enclosed photo simulations demonstrate that there is not a material difference in the visibility of the monopole at the proposed height rather than at a height ofT above the tallest tree within 25' , nor is there a material difference in adverse impacts to resources identified in the county's open space plan caused by the monopole at the proposed height (nor are there any such adverse impacts caused by the monopole at l' above the tallest tree within 25 feet). As the . photosimulations demonstrate, in each case there is a wooded backdrop of trees behind the proposed facility that will help it blend in to the surrounding area. In addition, there is not a material difference in the visibility of the monopole at the proposed height as compared to a height of l' above the tallest tree. Please also note that the photographs from which the photosimu1ations were made were taken using a telephoto lens." 8. [Section 5.1.40.d(8)] metai monopoles complying with the Tier II criteria shall be designed so that vertical cables, wiring and similar attachments are contained within the monopole's structure. The plans currently indicate that wires will instead be attached to the outside of the monopole and painted to match its color. ". See Sheet Number S-2 ~ ATTACHMENT A r'vv \a'TV ~ '.......... '" ... ..; .... I Q,- <D í 0 .. ~II> N 111- " ~ 4I..c: 0 - ~ '" 0 ... ",< 0.. ~ ·ü 8. ":N ..- 00 4>11:> III 0 ~N II) ¡¡;N 111"0 eta c: 4. ID t'-- õ>:D:i -' 2: . N U) III· 5~re~ ~ _II> Is . III:! III:! III c: z·oo c: "'.. .. = 0 1O:2U'1\t) a:1î: ::à1...u.. III"; -~ ...g, ~ ... II> '" ~ xð! c ..; o ij ~ _II> -E ",0> D..~ ALL DRAWIiGS 00 1AIT1EN IotA lERIAL (X)'AlNED ItERI) NI£ 11£ PROPERTY ex PHR a A 00 MAT NOT 11£ OIJ>UCA TED. USED DR DlSQ.O&D IIITHOUT 11£ 1IIfTID CCNSENT ex PItR t A I RnEAS[ I MTE D7/15/04 CONSTRUCTION DRAWING I R£\I5Oli 1110. MTr Lß 09/D2/04 R£\IIS£D PER COI!IÆNT5 &. D9/15,IIM REw.;EI) PER CClMNTS &. D9/22,IIM RE'IISED PER COIIIotENTS .4. 10/21,IIM REVISED PER COIIIotENTS & PR!JP£RTY ex 11£ OIINER. IT IS PRODUCED so..EL' FOR USE BY 11£ OIINER 00 ITS AffIUA lES. AEI'ROOUClION DR us:: ex THIS DRAW«: oo~ 11£ _TICN (X)'AiNEt) lilT IS FORIIC)D[N IITHOUT 11£ 1IIfTID P£IIIISSIQ ex THE OMIER DAAWN BY: J. FLAXMAN CHECKED BY: J. RENO sm:_ ARROWHEAD I SlIt NlMlER CV 652 I SITE ADDRESS 2297 ARROWHEAD VALLEY RD CHARLOTTESVILLE, VA 22903 I SHŒT TITlE - - TITLE SHEET I SHŒT NUIotBER - - T-1 - PLOT SCAl£; 1-20 \D IT IS THE CONTRACTOR'S SOLE RESPONSIBiLITY TO DETERMINE ERECTION PROCEDURE AND SEQUENCE TO INSURE TH~ SAfETY Of THE STRUCTURE AND ITS COMPONENT PARTS DURING ERECTION AND/OR fiELD MODifiCATIONS. THIS INCLUDES, BUT IS NOT LIMITED TO, THE ADDITION OF WHATEVER TEh.4PORARY BRACING, GUYS OR TIE DOWNS THAT h.4AY BE NECESSARY. SUCH MATERIAL SHALL BE REMOVED AND SHALL REMAIN THE PRCPERTY OF THE CONTRACTOR AFTER THE COMPLETION Of THE PROJECT. 9. ALL DIMENSIONS. ELEVATIONS, AND EXISTI~:G CONDITIONS SHOWN ON THE DRAWINGS SHALL BE fiELD VERifiED BY THE CONTRACTOR PRIOR TO THE BEGINNING ANY MATERIALS ORDERING. fABRICATION OR CONSTRUCTION WORK ON THIS PROJECT. ANY DISCREPANCIES SHALL BE IMMEDIATELY BROUGHT TO THE ATTENTION Of THE OWNER AND THE )WNERS ENGINEER. THE DISCREPANCIES MUST BE RESOLVED BEFORE THE CONTRA<:TOR IS TO PROCEED WITH THE WORK. THE CONTRACT DOCUMENTS DO NOT INDICATE THE METHOD Of CONSTRUCTiON. THE CONTRACTOR SHALL SUPERVISE AND DIRECT THE WORK AND SHALL BE SOLELY RESPONSIBLE fOR ALL. CONSTRUCTION MEi\NS, METHODS, TECHNIQUES, SEQUENCES, AND PROCEDURES. OBSERVATION VISITS TO THE SITE BY THE OWNER AND/OR THE ENGINEER SHALL NOT INCLUDE INSPECTlO~; OF THE PROTECTIVE MEASURES OR THE CONSTRUCTION PROCEDURES. 20. ALL MATERIALS AND EQUIPMENT FURNISHED SHALL BE NEW AND OF GOOD WORKING QUALITY. FREE FROM FAULTS AND DEFECTS AND IN CONFORMANCE WITH THE CONTRACT DOCUMENTS. ANY AND ALL SUBSTITUTIONS MUST BE PROPERLY APPROVED AND AUTHORIZED IN WRITiNG By THE OWNER AND THE ENGINEER PRIOR TO INSTALLATION. THE CONTRACTOR SHALL fURNISH SATISfACTORY EVIDENCE AS TO THE KIND AND QUALITY OF THE MATERIALS AND EQUIPMENT BEING SUBSTlruTED. 21 THE CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTAINING, AND SUPERVISING ALL SAFETY PRECAUTiONS AND PROGRAMS IN CONNECTION WITH THE WORK. THE CONTRACTOR IS RESPONSIBLE FOR INSURNG THAT THIS PROJECT AND RELATED WORK COMPLIES WITH ALL APPLICABLE LOCAL, 51A TE. ANO FEDERAL SAFETY CODES ANO REGULATIONS GOVERNING THIS WORK. 22. THE ACCESS TO THE PROPOSED WORK SITE MAY BE RESTRICTED. THE CONTRACTOR SHALL COORDINATE INTENDED CONSTRUCTiON ACTIVITY, INCLUDING WORK SCHEDULE AND MA TERIALS ACCESS, WITH THE RESIDENT cEASING AGENT FOR APPROVAL. ALL WORK SHALL BE ACCOMPLISHED IN ACCORDANCE WITH ALL LOCAL. STATE AND FEDERAL CODES OR ORDINANCES. THE MOST STRINGENT CODE WILL APPLY IN THE CASE OF DISCREPANCIES OR DIFFERENCES IN THE CODE REQUIREMENTS. 25. ANY DAMAGE TO ADJACENT PROPERTIES MLL BE CORRECTED AT THE CONTRACTORS EXPENSE. RECORD DRAWINGS: MAINTAIN A RECORD OF ALL CHANGES. SUBSTITUTIONS BElVIEEN WORK AS SPECIFIED AND INSTALLED. RECORD CHANGES ON A CLEAN SET OF CONTRACT DRAWINGS WHICH SHALL BE TURNED OVER TO THE CONSTRUCTION MANAGER UPON COMPLETION OF PROJECT. 1. E. WOOD 322 DOVER ROAD CHARLOTTESVTLLE. VA. 22901 GENERAL NOTES OWNER ADDRESS: 1. 2297 ARROWHEAD VALLEY ROAD CHARLOTTESVTLLE, VA. 22903 (CV 652 T. E. WOOD 322 DOVER ROAD CHARLOTTESVILLE. VA. 22901 ARROWHEAD ADDRESS: NO. LESSOR NAME: SITE NTELOS SITE 2. 3. . & ASSOCIATES NTELOS (VA. PCS ALLIANCE L.C.) T 150 SHENANDOAH VILLAGE DRIVE WAYNESBORO. VA. 22980 DEBBIE BALSER 540-946-185T ~OO SQ. FT. PA TTON HARRIS RUST 116 N. MAIN STREET BRIDGEWATER, VA. 22812 (540) 828-2616 ENG. CONSUL TlNG APPLICANT: ~. 5. RA T.M. 88. PARCEL 26 D.B. 880. PG. 46T CONTACT: lEASE AREA: CURREN T ZONING: 6. 7. JURISDICTION: COUNTY OF ALBEMARLE LA TEST EDITION Of WITH THE ALL WORK SHALL BE COMPLETED IN ACCORDANCE lOCAL BUILDING CODE. 23. 24. THIS PROJECT THE CONTRACTOR SHALL SECURE ALL NECESSARY PERMITS FOR FROM ALL APPLICABLE GOVERNMENT AGENCIES. ANY PERMITS WHICH MUST BE OBTAINED SHALL BE THE CONTRACTOR'S RESPONSIBILITY AND AT HIS EXPENSE. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ABIDING BY ALL CONDITIONS AND REQUIREMENTS OF THE PERMITS. CONTRACTOR SHALL VERIFY LOCATION Of ALL EXISTiNG UTILITIES WITHIN CONSTRUCTION LIMITS PRIOR TO CONSTRUCTION. 26. 27. 2B. ON I-54 TO EXIT nBA. TAKE ROUTE 29 SOUTH FOR APPROX. TO ROUTE 745 AND PROCEED ACCROSS RAIlROAD 'TRACKS TO UP THE GRAVEL ROAD PASst:D TWO (2) TOWERS TO SITE AT END WITH THE PROPERTY OWNER AND THE CONSTRUCTION START DATE. SITE ON CONTRACTOR IS TO FJELD VERIFY ALL EXISTING CONDIT10NS AND PLAN DIMENSIONS, AND NOTiFY THE ARCHITECT AND ENGINEER IMMEDIA TEL Y OF ANY DISCREPANCIES. WORK THE WASH AND DEBRIS FROM PlACED UNDERGROUND. SHALL B~ ALL NEW UTILITIES 32. FULL THE OWNER SHALL HAVE A SET OF APPROVED PLANS AVAILABLE AT THE SITE A T ALL TIMES WHEN WORK IS BEING PERFORMED. A DESIGN A TED RESPONSIBLE EMPLOYEE SHALL BE AVAILABLE FOR CONTACT BY COUNTY INSPECTORS. SHEET NUMBER T-1 PJ-1 15-1 LP-l TREE SURIlEY PROPERTY JOINERS PLAN TOPOGRAPHICAL AND STRUCTURE PLAN lAYOUT PLAN PLAN G-1 S-1 S-2 S-3 S-4 E-1 E-2 E-3 ENGINEER 24 HOURS PRIOR TO LOCA TION OF EXISTiNG SEWER, WATER OR GAS LINES, CONDUITS OR OTHER STRUCTURES ACROSS, UNDERNEATH, OR OTHERWISE ALONG THE LINE OF PROPOSED WORK ARE NOT NECESSARILY SHOWN ON THE PLANS, AND IF SHOWN ARE ONLY APPROXIMATELY CORRECT. CONTRACTOR SHALL VERIFY LOCATION AND ELEVATiON OF ALL UNDERGROUND UTiLITIES (INCLUDING TEST PITS BY HAND IF NECESSARY) IN AREAS OF CONSTRUCTION PRIOR TO STARTING WORK. CONTACT ENGINEER IMMEDIA TEL Y IF LOCATION OR ELEVATION IS DIFFERENT fROM THAT SHOWN ON PLANS. IF THERE APPEARS TO BE A CONfliCT. OR UPON THE DISCOVERY OF ANY UTiLITY NOT SHOWN ON THE PLANS. FOR ASSISTANCE CALL "MISS UTilITY'" T-800-552-7oo1. COORDINATE THE CONSTRUCTiON STAGING AREA PROPERTY MANAGER WELL IN ADVANCE OF THE ALL REMOVE THE CONTRACTOR SHALL A DAILY BASIS. ) ALL MATERIALS AND WORKMANSHIP SHALL YEAR FROt.4 THE DATE OF ACCEPTANCE. OF SHEETS INDEX GENERAL NOTES . ALL WORK PRESENTED ON THESE DRAWINGS MUST BE COMPLETED BY THE CONTRACTOR UNLESS NOTED OTHERWISE. THE CONTRACTOR MUST HAVE CONSIDERABLE EXPERIENCE IN PERFORMANCE OF WORK SIMILAR TO THAT DESCRIBED HEREIN. BY ACCEPTANCE OF THIS ASSIGNMENT, THE CONTRACTOR IS AffiSTlNG THAT HE DOES HAVE SUFFlCIENT EXPERIENCE AND ABILITY, THAT HE IS KNOWLEDGEABLE Of THE WORK TO BE PERFORMED AND THAT HE IS PROPERLY LICENSED AND PROPERLY REGISTERED TO DO THIS WORK IN THE STATE IN WHICH IT IS TO BE PERFORMED. GRADING PLAN GENERAL NOTES AND SPECIFICATIONS SITE PLAN AND ELEVA 110N SECTIONS AND DETAILS SECl10NS AND DETAILS ELEC'TRICAl DETAilS ELEC'TRICAL DETAilS ELEC'TRICAL NOTES CONTRACTOR SHALL NOTiFY THE COUNTY BEGINNING OF CONSTRUCTION. THE THE 29. 3D. 31 SHEET NAME TITlE SHEET AND TELECOMMUNICATIONS FAC T. E. WOOD PROPERTY (T.M. 88-26) ARROWHEAD (CV652) 2297 ARROWHEAD VALLEY ROAD CHARLOTTESVILLE. VA. 22903 LITY THE ALL HARDWARE ASSEMBL Y MANUFACTURER'S INSTRUCTIONS SHALL BE FOLLOWED EXACTLY AND SHALL SUPERCEDE ANY CONFLICTING NOTES ENCLOSED HEREIN. OF rei os EXISTING PA VEMENT AND OTHER SURFACES DISTURBED BY THE CONTRACTOR (WHICH ARE NOT TO BE REMOVED) SHALL BE REPAIRED TO LIKE-NEW CONDITiON. THE CONTRACTOR IS REQUIRED TO MAINTAIN ALL DITCHES. PIPES, AND OTHER DRAINAGE STRUCTURES FREE FROM OBSTRUCTION UNTIL WORK IS ACCEPTED BY THE OWNER, THE CONTRACTOR IS RESPONSIBLE FOR ANY DAMAGES CAUSED BY I' AlLURE TO MAINTAIN DRAINAGE STRUCTURES IN OPERABLE CONDITION. BE WARRANTEED FOR ONE UNLESS SHOWN OR NOTED OTHERWISE ON THE CONTRACT DRAWINGS, OR IN SPECIFICA TIONS, THE FOLLOWING NOTES SHALL APPLY TO THE MATERIALS LISTED HEREIN, AND TO THE PROCEDURES TO BE USED ON THIS PROJECT. 8. ~ gO. 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IJS[) OR DISO.DSED IITHOUT 11£ WRIT1EN aJISDß Œ PIt! . A IIIEIEI& I Ml£ D7/15/04 CONSIRUCTION DRAWING 1 Rl'ASI()S 1110. 01\1£ & OB/D2/04 REVISED PER COIIIIDIIS & 09/15,11)4 RE'IISlII PER COIIIIENTS &. 09/22/04 R£~D PER COIIIlENTS &. 10/21,11)4 R£~D PER COMIlENTS & PROPERTY Œ 11£ OIIIÐ. IT IS PIIOCUCEO 5O.EL y FOR IJS[ BY 11£ OIIIÐ ANO ITS NFIUA TES. REPRœUClION OR IJSF Œ TIllS DltA_ ANO/DIt 11£ INFIJIIIA _ CONTAIÐ .. IT IS FOR8OD[) IIITHOU1 11£ IIIITIEN PERII5SIOII Œ THE DINER. DRAWN BY: J. FLAXMAN CHECKED BY: J. RENO I SIJ[ - ARROWHEAD I sm; _R CV 652 I SITE ADDMSS 2297 ARROWHEAD VALLEY RD. CHARLOTTESVILLE, VA. 22903 I SHEET TITL£ - - LAYOUT PLAN I SHEET N\J\IBER - - - -. 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J.33HS I roeæ "V^ '311I/\S3l1011:1VH::> aH Jæ1V^ a'd3HMOHH'V L6~ SS3IKJI]V :ws I ~^':) 1381110 1iJS I OV3HMm:U::fV _ ]JJS I ON3\ T :.111 03)1~3H:I NWV<\fl:l T :.111 NMWO UWO 311l1J NOISSIIIII3d N3U. H ~ IQQ(I8IOj 51 1I1I1ØIV!HO:J 0011_ :Jt. tfJ/1Ift _Via SIHlIJ »II 10 NOII.:JI1CDIIcDII 'S31.'lnWl' SLIIIft De H 108 3SI11111 klTI)S OJ:11QO!Id 51 11 ·1IJtIO * IJ I.lIßdOld W SJ.N31111CX) Ud 03SI'I]I ¡.a,!lYOL W SJ.N3"1IIXI .3d 03SI'I]I to/woo W SJ.N3"1'IO:I IJ3d Q3S1h311 to/çL/oo W SLN3II"OJ II3d 0351^3ll to/~/80 W UWI 'OH1 - S1OSIo\1I1 ~-~~~ . :IL'IO 3S\I1l3II Y , 3Id IJ lH3SI«X) _ JIll. II10HlII (ßS1""OS1CI 10 OJSII 'Q3L 'QloI1O 311 1011 1 VII 0II'i Y , .HcI IJ I.lIl3dOlld H. .. N30I (!JNIY!HO:J 1YIIJ3LYII N3U1IIII 0II'i S1)NaYlO "IlY "II-Ito- ~~6:~ oo'iz a.a..1¡ ~~9.;: ~~~~ c.... .... < 9- -...J 0'1 :þ j ",,,, ",0:;' "'.. -.. "'''' 'tJ o to o x ... '" r'I'a ,g. 5"" .... "0 ~::a ~:z: ..,. li.. ~~ !*- ":III ÕC: 5- .... ~.. r g. c._ "'_ go ~!!. )0. "'.. g.. ;:;:- ..~ ~" !On ~3MOl N011~1 ViO~.:! snla'<i~ ,aal , , , , -'............. 'þ <"<", , , '- , "- , ... , , , ... I \ \ ....,~ 'f/ 1N3INH:J'f/ 1.1. 'f/ """l-OO<; (OK) ~ .. o '" ATTACHMENT A pt,.. (540) 9411-1892 SEALANTS AND CAULKING-07900 PROVIDE JOINT SEALERS. JOINT fiLLERS AND OTHER RELATED MATERIALS THAT ARE COMPATIBLE WITH ONE ANOTHER AND WITH JOINT SUBSTRATES UNDER CONDITIONS OF SERVICE AND APPLICATIONS. PROVIDE COLORS TO ....TCH ADJACENT SURFACES. PROVIDE BLACK OR OTHER NEUTRAL COLOR WHEN NO OTHER COLOR IS AVAILABLE. DIVISION 7 I. ~ I í N "' ~ ... ~ '" .. x o en o "- "':N .- .'" ~N ¡¡¡N C ..c( \D ,.... ._ > .- Of) o "'.. ~~NU) .J:la:ir:ò -õ N N ð . "! "! Z·oo "'... .. ~~ II") tI) _CD~LL U ui c.õ ." 01= ClJ::. o ;:c .- " Uo. 00 '" :;¡ "'." <1:5 -' 0/5, ~ -" '" c: c: ::J 0 ~ä: '" øi .- 0 '->, '-~ II ~ zJ¡ cui o~ -" _c: lit;. c: D..... 2. ONE-COMPONENT POLYSULFIDE BASED. ONE PART ELASTOMERIC SEALANT. COMPLYING WITH FS TT-S-00230.CLASS A TYPE II (NON-SAG), FOR JOINTS AT PENETRATIONS THROUGH EXTERIOR WALLS. PROVIDE CO~POUND BEARING THE THIOCDL CHEMICAL CORPORATION SEAL OF APPROVAL. PROVIDE ONE OF THE FOLLO'MNG OR AN APPROVEO EOUAl' A FlEXISEAL 900 SERIES BY DAP. INC. 8. HQRNFLEX ONE - COMPONENT 8'f W,R. GRACE &: CO J. ONE-COMPONENT ACRYLIC SE.4lANT: AÇRYlIC TERPOLYMER. SOLVENT BASED ONE-PAR1 THERMOPLASTIC SEAlANT COMPOUND. SOLIDS NOT LESS THAN 95% ACRYLIC, COMPLYING WITH FS TT-S-Q02JO. CLASS 8 lYPE II, FOR PERIMETER OF t"IETAl AND DOOR FRAMES. THRESHOLDS AT EXTERIOR DOORS. AND PIPE SLEEVES THROUGH EXTERIOR WALLS AND FLOOR SLABS. PROVIDE ONE )f' THE F"OllOWING OF AN APPROVED EQUAl: A. DAP ACRYliC BY OM'. INC. 8. GACO AS-,3 BY GATES ENGII~EERING/S~C AREAS THAT RECEIVE SEEDING SHALL 8E GRADED BELOW FINISHED GRADES SHOWN. LEAVING '5PACE FOR TOPSOlllNG DEPRESSIONS; WHERE DEPRESSIONS RESULT FROM. OR HAVE RESULTED FROM. THE REMOVAl OF SURFACE DR SU8SURFACE OBSTRUCTIONS. OPEN THE DEPRESSION TO THE EQUIPMPI' WORKING WIDTH AND REMOVE ALL DEBRIS AND SOFT MATERIAL AS DIRECTED BY THE ENGINEER. OTHER AREAS: EXCAVATE TO GRADES SHOWN ON THE DRAWINGS. INHERE EXCAVATION GRADES Þ~E NOT SHOWN ON THE DRAWINGS, EXCAVATE AS REQUIRED TO ACCOMMODATE THE !NSTALLATION OVEREXCAVATION: BACKFILL AND COMPACT ALL OVEREXCAVATED AREAS AS SPECIFIED FOR FILL BELOW STRIP DISTlNG TOPSOIL, LEAF MOLD AND ORGANIC MATERIALS, MEETING TOPSOIL REQUIREMC')TS ABOVE DEPOSIT!N STORAGE PiLES SEPARATE FROM OTHER EXCAVATEt. t..tATERIAL STOCKPILE EXCAvATED SOIL MATERIAL SATISFA.c:TORY FOR ßð,.CKFlLL OR FILL UNTIL REQUIRED. PLACE. GRADE AND SHAPE STOCKPILES FOR PROPER DRAINAGE. REMOVE fROM PROJECT SITE AND DISPDSE OF MATER!.Al UNSATISFACTORY FOR BACKFILL OR FILL, TRASH AND DEBRIS, AND ALL EXCESS MATERiAL. EXCAVATE SO THAT BANKS OF EXCAVATION WILL NOT BE UNDERCUT AND STRATUM FOR FOUNDATIONS WILL NOT BE DISTURBED. PROOF"ROLlING: PRIOR TO FILLING. ANO AFTER TOPSO!L AND PREVIOUSLY IDENTIFIED UNSATlSFÞCTORY SUSGRADE MATERIAL HAS BEEN REMOVED, PRQOFROLL IN THE PRESENCE or fHE ENGINEER AREAS WITHIN 10 FEET OF BUILDING LIMITS USING E. F. WARRANTY A. IN ADDITION TO THE WARRANTY ON ALL CQNSìRUCTION COVERED IN THE CONTRACT DOCUMENTS THE CONTRACTOR SHAll REPAIR ALL DAMAGE AND REPAIR AREA BACK AS CLOSE TO ORIGINAL CONDITION AS POSSIBLE TO LEASE AREA PROPERTY OR SURROUNDING CAUSED 8Y CONSTRUCTION. e, SOIL STERILIZATION APPLICATION 'HILL GUARANTEE VEGETATION FREE ROAD AND SITE AREAS FOR ONE YEAR FROM OATE OF FINAL INSPECTION. C. DISTURBED AREAS WILL REflECT GROWTH OF NEW GRASS COVER PRIOR TO FINAL INSPECTION. O. LANDSCAPING. IF INCLUDED WITHIN THE SCOPE OF THE CONTRACT, WILL BE GUARANTEED FOR ONE YEAR FROM DATE OF FINAL INSPECTION 7. DIVISION 1 STANDARD PROVISIONS GENERAL NOTES t. DRAWINGS ARE NOT TO BE SCAlED. THESE PlANS ARE INTENDED TO BE DIAGRAMMATIC ONLY. THE WORK INDICATED ON THE DRAWINGS SHALL INCLUDE FURNISHING MATERIAlS, EOUIPMENT AND APPURTENANCES. AND lABOR NECESSARY TO COMPLETE THE WORK. VERIFY ALL EOUIPMENT LOCATIONS WITH PROJECT ....NACER. G. J. K. L M PART 2 DEMOLITION I. DEMOLITION SHALL BE CONTROLLED TO PREVENT THE SPREAD OF OUST TO OCCUPIED PORTIONS OR THE BUILD!NG. 2. EXISTING WORK TO REMAIN SHALL BE PROTECTED FROM DAMAGE WORK DAMAGED BY CONTRACTOR SHAlL BE REPAIRED TO MATCH EXISTING WORK. J. AT THE END OF EACH 'NORK DAY AND DURING INCLEMENT WEAìHER, CLOSE ALL EXTERIOR OPENINGS WITH WEATHERPROOF COVER. REMOVE DEBRIS AND RUBBISH FPOM THE SITE [)AlLY DO NOT ALLOW DEBRIS AND RUBBISH TO ACCUMULATE IN BUILDING OR ON SITE FOR FLOOR AND WALL PENETRATIONS; A. CONTRACTOR MUST LOCATE REINFORCING BARS IN EXISTING FLOOR SLA85 USING A RELIABLE NON-DESTRUCTIV[ TESTING METHOD APPROVED BY THE OWNER. CORE DRILL AS NECESSARY fO ALLOW CABLE PENETRATION WITHouT CUTTING EXISTING RE!NFORCING BARS. e. FilL OPENiNG AfTER CABLE INSTAlLATION WITI-I INSTA-FOA~'S INSTA-FlRE SEAL SILICONE RTV FOAM. 2. PRIOR TO SUBMITTING A BID. THE CONTRACTOR SHALL VISIT TI-IE JOB SITE AND BECOME FAMILIAR WITH ALL CONDITIONS AFFECTING THE PROPOSED PROJECT, INCLUDING DEMOLITION, MECHANICAL AND ELECTRICAL INSTALLATIONS AND SHALL ADJUST 810 ACCORDINGLY. CONTRACTOR SHAlL VERIFY ALL FIELD CONDITIONS AND DIMENSIONS ON THE JOB SITE AND CONFIRM THAT WORK AS INDICATED ON THE CONSTRUCTION DOCUMENTS (AlSO KNOWN AS CONSTRUCTION PLANS) CAN BE ACCOMPLISHED AS SHOWN BEFORE PROCEEDiNG. NOTIFY PROJECT MANAGER Of ANY MAJOR DISCREPANCY REGARDING THE CONTRACT OOCUIo4ENTS. EXISTING CONDITIONS, AND OR DESIGN INTENT. THE CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING THIS ClARIFICATION PRIOR TO PROCEEDING WITH THE WORK OR RELATED 'NORK IN QUESTION. . 5. INSTAlL ALL EOUIPMENT AND MATERI/1-LS PER MANUFACTURER'S RECOMMENDATIONS UNLESS SPECIr:!CAll Y OTHERW'lSE iNDICATED. OP 'NI-IERE lOCAl CODES OR REGUlATIONS TAKE PRECEDENCE OLEO-RESINS CAULKING COMPOUND: OIL BASED RESINOUS CAULKJNG, COMPLYING WITH I="S TT -C-598, NON-8LEEDiNG, PAINTABLE, ¡:OR ONE OF TI-IE ¡:'OLL;)WING OR AN APPROVED EOUAl; A VULCAìEx BY W.R. GRACE &. CO. THE EXISTING UNDERGROUND UTILITIES SHOWN HEREON ARE BASED UPON AVAILABLE INFORMATION. THE CONTRACTOR SHALL BE RESPONSIBLE FOR DETERMINING THE EXACT LOCA nON OF ALL UTILITIES BEFORE COMMENCING WORK AND FOR ANY DAMAGESTHA T OCCUR BY FAILURE TO LOCATE OR ,PRESERVE THESE UTILITIES. IF DURING CONSTRUCTION THE CONTRACTOR SHOULD ENCOUNTER UTILITIES OTHER THAN THOSE SHOWN ON THE PLANS. HE SHALL NOTIFY THE ENGINEER AND TAKE NECESSARY AND PROPER STEPS PROTECT THE FACILITY AND ASSURE THE CONTINU.ANCE OF SERVICE. NOTES NOTES GENERAL GENERAL o QUALITY A5S0RANCE' JRO PARTY CONCRETE TESTING IS MANDATORY FOR AlL FOUNDATIONS. ALL BREAK TEST RESUL~ ARE TO BE FORWARDED TO THE CROWN REPRESENTATIVE ON SAME CAy OF BREAK. COMPLY WIT!"! PROVISIONS OF THE FOLLOWING CODES. SPECIFlCATIONS AND ST.ANQARDS, EXCEPT WHERE MORE STRINGENT REQUIREMENTS ARE SHOWN OR SPECIFIED; A. AÇI 301 ·-89 "SPECIFICATION FOR STRUCTURAl CONCRETE FOR BUILDtNCS~. B.ACI 318 'BUILDING CODE REOUIREMENTS FOR REINFORCED CONCRETE" (REVISED 1992 AND ACIJ18-89 "COMMENTARY" (REVISED 1992¡ C. CONCRETE REINFORCING STEEL INSTITUTE (CRSI :MANUAl OF STANDARD PRACTICE 2. REINFORCINC MATERiAlS; A. RtENFORCING:ASTtrA A 6 t S,GRADE 60 DEFORMED. B. WELDING WIRE FABRIC;ASTM A 185 WELDED STEEL WIRE FABRIC. C. SUPPORTS FOR REINFORCEMENT:BOLSTERS. CHAIRS. SPACERS AND OTHER SPACING. SUPPORTING AND REINFORCINO BARS IN PlACE. USE WIRE BAR COMPLY!NG WITH CRSI SPECIFICATIONS WORKS-033 COi'JCRETE DIVISION 3 '. AMBUSH HERBICIDE - [PA REGISTERED FRAMAR INOUSTRIAL PRODUCTS t 4,35 MORRIS AVE. UNION. ..., 07083 TEL 800 526-'92' COM POSITION AND OF AlL ON-SITE /H) II~PORTED FILL MATER!.Al SHAlL BE SOIL OR SOIL-ROCK MIXTURE WHICH IS FREE FROM ORGANIC MATTER. FROZEN MATERVlLS AND OTHER DELETERIOUS SUBSTANCE. IT SHAlL CONTAIN NO ROCKS DR LUMPS OVER SIX (6) INCHES IN GREATEST DIMENSION, AND NOT MORE THAN 1 S~ OF THF ROCKS OR LUMPS. SHALL BE: LARG£R Tl-IAN INCHES IN GREATEST QIMENSION UNLESS QTHERWfSE DIRECTED BY THE ENGINEER 1.00 PAR PRODUCTS MATERVlLS A SOIL STERILIZERS TOTAL Kill PRODUCT PHASAR CORPORATION P.O. BOX 5123 DEARBORN, MI 48128 TEL 313 563-8000 SOIL STERILIZER SHALL BE EPA REGISTERED OF LIQUID PRE EMERGENCE DESIGN. SOIL STABILIZER FABRIC SHAlL BE MIRAFI 500X 0292-7 EPA 10 B. C D. 6. CONTRACTOR SHAll VISIT JOB SITE TO REVIEW SCOPE OF WORK AND EXISTING SITE CONDITiONS INCLUDING. BUT NOT LIMITED TO. MECHANICAL SERVICE. ELECTRICAl SERYJCE AND OVERALL CooRQINATION AlL TELEPHONE/RADIO EQUIPMENT LAYOUT, SPECIFICATIONS. PERfORMANCE. INSTAlLATION AND THEIR FINAL LOCAnON ARE TO BE APPROVED BY PROJECT MANAGER. THE CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING HIS WORK WITH THE WORK AND CLEARANCE REOUIRED ¡¡y OTHERS RELATED TO SAID EOUIPMENT. 9. ELECTRICAL SYSTEMS SHAlL BE INSTAlLED PER N.E.C. AND IN ACCORDANCE WITH ALL APPLICABLE UTILITY COMPANY SPECIFICATIONS. AND LOCAl AND STATE JURISDICTIONAL CODES, ORDINANCES AND APPLICABLE REGULATIONS. O. CONTRACTOR SHAll PROVIDE CONTINUOUS SUPERVISION WHILE ANY SUBCONTRACTORS OR WORKMEN ARE ON THE JOB SITE AND SHAll SUPERVISE AND DIRECT ALL WORK. CONTRACTOR SHAlL BE SOlELY RESPONSIBLE FOR ALL CONSTRUCTION MEANS. ~ETHODS. TECHNIQUES. SEOUENCES AND PROCEDURES AND COORDINATING ALL PORTIONS OF THE WORK UNDER THE CONTRACT. 8_ AlL WORK PERFORMED AND MATERIALS SHALL MEET THE HIGHEST TRACE STANDARDS. AS A MINIMU~ STANDARD. CONFORM WITH ALL APPLICABLE CODES. REGULATIONS AND ORDINANCES HAVING JURISDICTION. CONTRACTOR SHALL GIVE AlL NOTICES AND COt.4PLY WITH AlL LAWS, ORDINANCES. RULES. REGULATIONS AND LAWFUL ORDERS OF ANY PUBLIC AUTHORITY BEARING ON THE PERFORMANCE or THE WORK, All DRAWI«:S AND IIIIIT1ÐI IotA 1E1IIAI. CCNTAlNm HERÐN ARE TI£ PRŒ'ERT'I Œ PHt .. A AND IotA T NOT II[ DII'UCA lED, IS[[) DR DISO.IISID II1ItQUT 11£ MITTEN CØISDIT Œ PIlI .. A ANY OISCREPANCIES FOUND BETWEEN THE DRAWINGS AND SITE CONDITIONS OR ANY INCONSISTENCIES OR AMBIGUITIES IN THE DRAWINGS SHALL BE IMMEDIA TEL Y REPORTED TO THE OWNER. 'o'MO SHALL PROMPTLY CORRECT INCONSISTENCIES OR AMBIGUITIES. WORK DONE BY THE CONTRACTOR WITHOUT DIRECTIONS OR ANY DISCOVERY OF SUCH INCONSISTENCIES. DISCREPANCIES. OR AMBIGUITIES, SHALL BE DONE AT CONTRACTOR'S RISK. 2. DEVICES FOR TYPE SUPPORTS MANUF ACTUR¡P TO BE 3. CONCRETE MATERIALS: A PORTlANO CEMENT; ASTM C 150. TYPE 1. B. LIGHTWEIGHT AGGREGATES: ASHI4 C 330 C. AIR-ENTRAINING ADMIXTURE; ASTM C 260 CERTIFIED BY THE COMPAnaLE WITH OTHER REQUIRED ADMIXTURES E. BE DOING fiLL SHAl L BE A GRADED ANGULAR STONE AND SHALL MEET THE REOUIREMENTS FOR COARSE AGGREGATES, PER VOOT S10 SPEC SECTION 203. SIZE NO. 68 F. TOPSOIL SHALLAB6ANDY LOAM. CLAY LOAM. LOAM, SILT LOAM, SANDY CLAY LOAM OR SOIL FROM THE SITE WHICH HAS SUFFICIENT ORGANIC MATERIAL TO PROMOTE THE GROWTH OF TURF GRASS. IT SHALL NOT HAVE A MIXTURE OF SUBSOIL AND CONTAIN NO SLAG, CINDERS. STONES. LliMPS OR SOIL. STICKS, ROOTS. WEEDS, TRASH OR OTHER EXTRANEOUS MATERiAlS LARGER THAN 1-1/2 INCHES IN ANY DIMENSION. THAN 2 -A OR PROJECT AREA 1994 J. CONTRACTOR SHAlL PROTECT ALL EXlSnNG FINISHES THAT ARE TO REMAIN. SHALL REPAIR ANY DAMAGE THAT MAY OCCUR DURING CONSTRUCTION. 4. SEAL ALL PENETRATIONS THROUGH FIRE RATED AREAS WITH U.L. LISTED OR F.M. APPROVED ....TER!.AlS. PROVlOE A PORTABLE FlRE EXTINGUISHER WITH A RATlNC OF NOT LESS 2-AtOBC 'MTHIN 75 FEET TRAVEL DISTANCE TO ALL PORTIONS OF THE DURING CONSTRUCTION. 2. AlL CONSìRUCTION SHALL BE IN ACCORDANCE WITH UNIFORU BUILDING CODE (use) EDITION, AlONG WITH 1994 UPC, UUC. AND THE 1994 NEC. CONTRACTOR 1. RELEASE DAl£ D7/15/04 PROPERTIES; THE FOLLOWING 4, PROPORTIO~ING AND DESIGN OF MIXES. DESIGN MI" TO PROVIDE LIGHTWEIGHT CONCRETE WITH A. 3000 P'5; 2a-DAY COMPRESSIVE STRENGTH B.WEIGHT: J10 PCI=" c. WIC RAila: 0.44 MAXIMUM (NON AIR-ENTRAINED). O. BREAK SCHEDULE - .3 DAY, 7 DAY, 28 DAY, AND DRAWINGS CONSTRUCTION THE CONTRACTOR SHALL BE RESPONSIBLE FOR ACOUIRING ALL NECESSARY PERMITS BEFORE ANY CONSTRUCTION BEGINS. CONTRACTOR SHALL NOTIFY MISS UTILITIES (800) 552-7001 48 HOURS PRIOR TO EXCAVATION CONTRACTOR SHALL COOROINATE INSTALLAnONOF ELECTRICAL. GAS. TELEPHONE. AND CATV SERVICES. 3 0_35 MAXIMUM (AIR-ENTRAINED) , SPARE 2, EQUIPMENT A. COMPACTION SHALL BE ACCOMPLISHED BY MECHANICAL MEANS. 1. LARGER AREAS SHAlL BE COMPACTED BY SHEEPS FOOT VIBRATOR OR RUBBER TIRED ROllERS WEIGHING AT LEAST FIV[ TONS. 2. SMAlLER AREAS SHAlL BE COMPACTED BY POWER-DRIVER, HAND HELD TAMPERS. IS. DErAJlS AND SCHEMAT1CS ARE TO PROPOSE TO SHOW END RESULT OF THE DESIGN. MINOR MQOlflCATIONS MAY DEEM TO BE NECESSARY TO SUIT JOB CONDITIONS AND DIMENSIONS. SUCH 10400lFlCATIONS SHAlL BE INCLUOED AS PART or THE WORK. ~ 119/112/04 REVISED P£R CCIIIIEN1S 09/15/04 RE\SED I'ER CQllIIENTS 119/22/04 REVISED P£R CCIIIIEN1S 10/21 /04 RE\SED I'ER COlI_IS IIl'IISIONS NO. & &. &. .& &. NOTE MASONRY-04220 CONCRETE SLOCKS: A. STANDARD BLOCK SHALL BE THE SIZE INDICATED ON THE DRAWINGS, UGHT GRAY OR NEUTRAL COLOR, AND SHALL CONFORM TO THE REQUIREMENTS OF ASTM C 90, TYPE GRADE N. UGHTWEIGHT TYPE WITH EXPAND SLAG AGGREGATE CODES AND ORDINANCES. AlL PER AS INSTAlLATION AND INSPECTIONS AND WIRE REINFORCING IN BED JOINTS: A. TRUSS TYPE REINFORCEMENT SHALL BE DUR-Q-WALL. OR EQUAL FABRICATED WITH A SINGLE PAIR OF SIDE AND CONTINUOUS DIAGONAl CROSS-RODS SPACED NOT MORE THAN 8- ON CENTER. WIRE IN FABRICATION SHAlL BE GAlVANIZED ACCORDING TO ASTM I 16, CLASS 3. SIDE RODS SHALL BE 9 GAGE J/16" MINIMUM LENGTH SHAlL BE 10'-0' WITH MATCHING CORNER AND TEE UNITS. B. SPACING TYPICAl. IN BED JOINTS. AT 16~ VERTICAl INTERVAl. CT OPENINGS: ABOVE AND C. AT OPENINGS: ABOVE AND BELOW EACH OPENING PLACE REINf'ORCING IN ONE ADDITIONAl JOINT TO EXTEND 3' -o~ PAST THE OPENING EACH WAY. SPLICE LENGTHS FOR HORIZONTAL JOINT REINf'QRCEMENT SHALL BE AT LEAST 8- FOR TRUSS AND 16" FOR STRAIGHT TYPE. EACH OPENING. FILL CORES WITH GROUT 3 COURSES 8ELOW UNIT DIVISION 4: PART 4 EXECUTION INSPECTIONS A..LOCAL BUILDING INSPECTORS SHALL BE NOTlflED NO LESS THAN 48 HOURS IN ADVANCE OF CONCRETE POURS. UNLESS OTHERWISE SPECIFIED BY OWNER OR LOCAl JURISDICTION. e.CONTRACTOR IS RESPONSIBLE FOR AlL INSPECTIONS RELATIVE TO EACH CONSTRucnON ACTMTY. AlL INSPECTION REPORTS ARE TO BE OELIVERED TO THE OWNER IMMEDIATELY UPON REC(1PT OF $AID INSPEC TlON REPORTS. TYPE 2. MORTAR: A. All MOP">\R FOR CONCRETE BLOCKS SHALL CONFORÞ.4 TO ASTM C 270. SHALL HAY[ A COMPRESSIVE STRENGTH OF .3000 PSI IN 28 DAYS. J. PREPARATION A. CLEAR TREES, BRUSH ANO DEBRIS FROM SITE AREAS AND ACCESS ROAD RIGHT OF' WAY AS DIRECTED BY PROJECT MANAGER_ 8.PRIOR TO OTHER EXCAVATION AND CONSTRUCTION EFFORTS GRUB ORGANIC MATERIAL TO A Þ.4INIMUM OF SIX (6) INCHES BELOW ORIGINAL GROUND LEVEL. C.UNLESS OTHERWISE INSTRUCTED BY PROJECT MANAGER TRANSPORT ALL REMOVED TREE, BRUSH AND DEBRIS FROM THE PROPERTY TO AN AUTHORIZED LANDFILL.. Q.PRIOR TO PLACEMENT OF FilL OR SASE MATERIALS. ROLL THE SOIL E. WHERE UNSTABLE SOIL CONDiTIONS ARE ENCOUNTERED. liNE OF THE GRUBBED AREAS WITH STABILIZER MAT PRIOR TO PLACEMENT OF FILL OR BASE MATERIAL. ~ VERtFY ALL FlNAL EQUIPMENT LOCATIONS WITH OWNERS REPRESENTATIVE. ~ DIMENSIONS ARE TO FINISH SURFACES UNLESS OTHERWISE NOTED. ~ g~Ef'g;B~~ .rursã~~ ~; ;o~~~~r":f&gçroNi.N~~f ;:€¿:'FI~D J~~~NI~ ~E N PROPERTY OF THE OWNER, ETC. lEAVE PREMISES IN A VACUUM AND BROOM ClEAN .,. CONDITION: FREE FROM PAINT SPOTS. DUST. OR SMUDGES OF ANY NATURE. THE ;; CONTRACTOR SHAlL BE RESPONSIBLE FOR IMINTAlNING ALL SYSTEMS EQUIPMENT IN A o CLEAN WORKING ORDER UNTIL ACCEPTANCE OF THE PROJECT BY PROJECT MANAGER. '~ THE GENERAL CONTRACTOR IS RESPONSIBLE FOR REDlINING THE CONSTRUCTION PLANS TO ILLUSTRATE THE AS-BUILT CONDITION OF THE SITE THIS WILL BE DONE AFTER THE SITE HAS BEEN AWARDED THE FiNAl tNSPECTlON. ... TWO (2) COPIES OF REDUNED DRAWINGS WILL BE PROYJDED TO PROJECT MANAGER AND (:::! THE ARCHITECT (t EACH) o ... t . PROPEtlY Œ TI£ OINR. IT IS _em sa.n ~ FOR USE lIT TI£ DINER AND 115 AfFIIJAlE5. REPROÐUC'RON DR US': Œ lItIS DRA_ AND/OR 11£ 1NFDIIIIA11OII CONTAKO Ii IT IS FDRBI!DÐ/ I!TIWT 11£ MITTEN P£RII5SI)N Œ THE OMU DRAWN lIT: J. FLAXMAN CHECKED lIT: J. RENO SITE_ ARROWHEAD 2297 ARROWHEAD VAllEY Rr CHARLOTTESVillE. VA. 2290c INSTALL STEEL LINTELS ABOVE LINTEL BEARING. STRUCTURAL STEEL-05120 QUALITY ASSURANCE; COMPLY WITH PROVISIONS OF THE FOLLOWING CODES, SPECIFICATIONS AND STANDARDS, EXCEPT WHERE MORE STRINGENT REOUIREMENTS ARE SHOWN OR SPECIFIED, A. AlSG "CODE OF STANDARD PRACTICE", B. AlSC "SPECIFICATION FOR STRUCTURAL STEel BUllDINCS - AlLOWABLE STRESS DESIGN AND PLASTIC DESIGN". INCLUDING THE -COMMENTARY" AND SUPPLEMENTS. C AMERICMI WELDING SOCIETY (AWS) 01. I -92, "STRUCTURAL WELDING CODE - STEEL. sm; NUIIIIER CV 652 SITE ADDRESS DIVISION 5 SHEET mLE GENERAL NOTES I & SPECIFICATIONS ~2D 1 (þ SHEET NUMBER SCALE; S-1 PlOT MATERiAlS; A. STRUCTURAL STEEL PLATES. SHAPES ANO BARS: ASTM A .36. B. HIGH STRENGTH THREADED FASTENERS, AST~ A 325. C. ELECTRODES FOR WELDING: E7QXX. D. ALL STRUCTURAL STEEL SHALL BE GALVANIZED IN ACCORDANCE WITH ASTM A 15J. E. CEMENT GROUT; EMBECO BY MASTER BUILDERS Of AN APPROVED EOUAl F NON-METALLIC. SHRINKAGE-RESISTANT. 4000 PSI COMPRESSIV[ STRENGTH GROUT. PROVIDE ONE OF TI-IE ¡:'OLLOWING OR AN APPROVED EQUAl: 1. EUCO N.S. BY EUCLID CHEMICAL CO. 2 MASìE:RFLOW 713 BY MASTER BUILDERS INSPECTIONS AS PER ALL CODES AND ORDINANCES 2. INSTAlLATION A. THE SITE ANO TURNAROUND AREAS SHAlL BE AT THE SUB-BASE COURSE ELEVATION PRIOR TO rORMING FOUNQAnONS. GRADE OR FILL THE SITE AND ACCESS ROAQ REQUIRED IN ORDER THAT UPON EVEN DISTRIBUTION OF SPOILS RESULTING FROM FOUNDATION EXCAVATIONS. THE RESULTINO GRADE WILL CORRESPOND WITH SAID SUB-BASE COURSE. ELEVATIONS ARE TO BE CALCULATED fRO~ FINISHED GRADES OR SLOPES INDICATED. B. IF />NY, EXCESS SPOILS WILL BE CLEARED FROM JOB SITE AND NOT SPREAD BEYOND THE LIMITS OF LEASE PROPERTY UNLESS AUTHORIZE BY PROJECT MANAGER ! AS AGREEMENT ¡¡y lANDOWNER. C. THE ACCESS ROAD SHALL BE BROUGHT TO BASE COURSE ELEVATION PRIOR TO FOUNDATION CONSTRUCTION TO PERMIT USE. COMPACTION AND OBSERVATION DURING CONSTRUCTION OF THE SITE. O. AVOID CREATING DEPRESSIONS WHERE WATER MAY POND. E. THE CONTRACT SHALL BE ASSUMED TO INCLUDE GRADING BANKING. DITCHING AND UNLESS OTHERWISE INDICATED. COVERING TWO INCHES OF SURFACE COURSE. AlL ROADS OR ROUTES UTILIZED FOR ACCESS TO THE SITE CO~MENCING AT THE POINT OF INTERSECTION WITH THE NEAREST PUBLIC THOROUGHFARE. F. WHEN IMPROYJNG AN EXISTING ACCESS ROAD. GRADE THE EXISTING ROAD TO REMOVE ANY ORÇANIC MATTER AND SMOOTH THE SURFACE BEFORE PLACING FILL OR STONE. C. PlACE FIll OR STONE IN SIX INCH MAXIMUM AND COMPACT BEFORE PLACING NEXT LIFT. H. THE FINISH GRADE. INCLUOING TOP SURFACE COURSE. SHALL EXTEND A MINIMUM or ONE FOOT BE'lQND THE SITE FENCE AND SHAlL COVER THE AREA AS INDICATED. I. RIPRAP SHALL BE APPLIED TO THE SIDE SLOPES OF ALL FENCED SITE AREAS. PARKING AREAS. AND TO ALL OTHER SLOPES GREATER THAN 2; I. J. RIPRAP SHAlL BE APPUED TO THE SIDES OF DITCHES OR DRAINAGE SWALES. K. RIPRAP ENTIRE DITCH FOR SIX FEET IN ALL DIRECTIONS AT CULVERT OPENINGS. L SEED FERTILIZER AND STRAW COVER SHALL BE APPLIED TO AlL OTHER DISTURBED AREAS. AND DITCHES. DRAINAGE, SWAlES. NOT OTHERWISE RIPRAPPED. M. UNDER NO CIRCUMSTANCES WilL DITCHES, SWAlES. NOR CULVERTS BE PLACED SO THEY DIRECT WATER TOWARDS. OR PER~IT STANDING WATER IMMEDVlTEL Y ADJACENT TO RAILROAD BALLAST. IF DESIGNS OR ELEVATIONS CONFUCT WITH THIS GUIDANCE AlVAR SHOULD BE ADYJSED IMMEDVlTELY. N. IN DITCH LIES WITH SLOPES GREATER THAN TEN PERCENT. MOUND DIVERSIONARY HEADWALLS IN THE DiTCH AT CULVERT ENTRANCES. THE HEADWALL SHALL 8E POSITIONED AT AN ANGLE NO GREATER THAN 60 DEGREES OFF THE DITCH UNE. R'IPRAP THE UPSTREAM SIDE OF THE HEADWALL AS WELL AS THE DITCH FOR SIX FEET ABOVE THE CULVERT ENTRANCE. o c: fRTHWORK AND DRAINAGE "6fART t GENERAL t5:WORK INCLUDED := A.. REFER TO THE lAND DEVELOPMENT PLAN AND SITE PlAN f'QR WORK INCLUDED. d RELATED WORK A. CONSTRUCTION OF' BUILDING F'OUNQATlON .ª~: ~NR~~"t~~~ ~~N~~ILlTY &: GROUNDING SYSTEM 1:S ~~E¡~~~S~~~AD. TURNAROUND AREA5. AND 5ITES ARE CONSTRUCTED TO PROYJDE A WElL ~ DRAINED, EASilY Þ.IA.INTAtNED. EVEN SURFACE FOR MATERIAL AND EQUIPMENT DELIVERIES AND o MAINTENANCE PERSONNEL ACCESS. S:20UALITY ASSURANCE ~A. ~~~~o1~IL STE.RILIZER IN ACCORDANCE WITH MANUFACTURER'S RECOMMENDATION (USE AS ~ B. GRASS SEEDS SHAlL BE APPliED AND MAINTAINED AS RECOMMENDED BY THE SEED ::;> PRODUCER (IF REQUIRED). &C. VEGETATION LANDSCAPING. IF' INCLUDED WITHIN THE CONTRACT, WILL BE PlACED ANQ c: WJNTAlNED AS RECOMMENDED BY NURSERY INDUSTRY STANDARDS (IF REQUIRED). }!:! SEQUENCING ...... A. CONFIRM SUR\IEY STAKES AND SET ELEVATIONS PRIOR TO ANY CONSTRUCTION ";" B. THE COMPLETE ROAD AND SITE AREA WILL BE GRUBBED PRIOR TO FOUNDATION CI) CONSTRUCTION or PLACEMENT OF BACK Fill OR SUB-BASE ....TER!.Al. (') C. CONSTRUCT TEMPORARY CONSTRUCTION ZONE ACCESS DRIVE ;::;D'i~E~ ~~RS~'L~L~~Tro,?U~~T~OS~g¡;~ fg~:~A\'ð~EVATION AND THE ACCESS ROAD 10 E. APPLY SOIL STERILIZER PRIOR TO PlACING BASE ....TER!.AlS. OF. GRADE, SEED FERTILIZER AND MULCH DiSTURBED AREAS IMMEDIATELY AFTER 8RINGING SITE ...... AND ACCESS ROAD TO BASE COURSE ELEVATION, WATER TO ENSURE GROWTH. ~ G. RE~OVE GRAVEL FROM TEMPORARY CONSTRUCTION ZONE TO AN AUTHORIZE AREA OR AS en DIRECTED BY PROJECT MANAGER. C"/H.AFTER APPLICATIONS Of' FINAl SURFACES, APPLY SOIL STERiLIZER TO THE STONE SURFACES, ... .- C'4SU8MITTALS :gA. ~E~,ORJN~,§"c1,rr¡¡'~~~NAPPLICABLE TO THE CONTRACT. TWO COPIES OF THE LANDSCAPE PlAN ...... UNDER NURSERY LETTERHEAD. IF A LANDSCAPE ALLOWANCE WAS INCLUDED IN THE ~ CONTRACT. AN ITEMIZED LISTING OF PROPOSED COSTS UNDER NURSERY LETTERHEAD Õ (REFER TO SIT( PLAN FOR LANDSCAPING REQUIREMENTS). CII 2. SUBMIT FOR APPROVAl, 1/2 CUBIC FOOT OF THE PROPOSED SURFACE COURSE MATERIAl. 'õ'S. AFTER CONSTRUCTION a.~ I. IAANUFACTURER'S DESCRIPTION OF PRODUCT AND WARRAN1Y STATEMENT ON SOIL STERILIZED. _ 2. MANUFACTURER'S DESCRIPTION OF PRODUCT ON GRASS AND rERTIUZER ö..: J. LANDSCAPING WARRANTY STATEMENT WORK-02100 SITE VISION 2 BACKFILL AND CO~P ACTION 00 NOT ALLOW OR CAUSE ANY OF THE WORK PERFORMED OR INSTALLED TO BE COVERED UP OR ENCLOSED BY WORK OP THIS SECTIQN PRIOR TO ALL REOUIRED INSPECTIONS, TESTS. AND APPROVALS. SHOULD foNf OF THE WORK BE SO ENCLOSED OR COVERED UP BEFORE IT HAS BEEN APPROVED. THE CONTRACTOR SHALL UNCOVER AlL SUCH WORK. .AfTER THE WORK HAS BEEN COMPLETELY TESTED. INSPECTED, AND APPROVED, MAKE ALL REPAIRS AND REPLACEMENTS NECESSARY TO RESTORE THE WORK TO THE CONDITION IN WHICH IT W/I:S FOUND AT THE TIME OF UNCOVERING. FOR SETTING AND ESTABLISHING FINISH ElEVA110NS AND LINES. SECURE THE SERVICES OF A SURVEYOR OR CIVIL ENGINEER ACCEPTABLE TO THE OWNER. CAREFULLY PRESERVE AlL DATA AND MONUMENTS SET BY THE SURVEYOR OR CIVIL ENGINEER AND, IF DISPLACED OR LOSì, IMMEDIATELY REPLACE TO THE APPROVAL OF THE OWNER. 4. A' B. C D. . :'I? =tí o "ii' ª - 5: ~ ~ - o UI '" .!.. to) ~ - m ::J IQ ~ ¡¡r ::J 6 o ::J !II. 2 ~ (5' ::J ~ 5' IQ =tí ¡¡r ::J C iiI ~. ::J IQ $ .. ~ ~ ~ ~ ~ " ~ t ,at = q;:>UI J.:I:M NI ) 1-1 01 o c; 01 31VJS JIHdVHD l-S 1 ot '03sn 38 01 S3S0&lnd 3::>NVN31NIV~ ÅèI'IèIOd~31 èlO.:l SlHÐIl Å 1NO '0311V1SNI 38 01 SlHÐIl ON :310N ,m . ~ :3lI/::>S NVld 31IS Ov l-S l 5TN :311':>5 NOIIV^313 ~3MOl 1331S 351'S 0 _.0£ "',an9L NOIl1'^313 ~3M0l j() 351'8 13NIS1':J ~ ® ,at SL8 ,01 ~3M01 31ad 1ru5 .LnOL (88 CI/I1'N) ,OS'sÿL NOIl1'^313 (£9 Q1'N) .6·SL ...£ .BL M ~N01 (£9 Q1'N) .9'gc; ,9Ç .L£ N '11'1 NOli 1'301 ~3M01 ,'1'8 13NIS1':J 39QI~S 3:J1 o CD t.. "'!. .... ~ ~ c: £ Z! z '" "" o <::I o ...., t.. 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IX! z &~ ~ 1.0 :2 \l') ~ ::cñ....u. ,.---- U iii Q,õ '" ..;: .,.c " ;< .- " ua. o 0 .. :;J ""0 c(§ ...J oð· ~ .." .. c: c: ::J 0 a:ã: .. ,; .- E '->, '- ~ IV ~ :x:¡}¡ c ~ 0.. .... ..c: IVÕ> o.,s ANTENNA VPANEL IoIICROfLECT BI-BRACKET PART NUlot B1828 OR EOUAL IoIICROFLECT PIPE I.1OUNT PART NUIoI. 81832 OR EOUAI / I.1ECHANICAL DOWN TILT BRACKET "'- ~ '" ~ ~ -, 2" . o '" 8"' ~ ~ ø . ALl DRAIIICS NIJ 'RllDIllAlElIIAl CCNTAlNED HEREtlIÆ 11£ PIIa'EIITY OF PHI I: A NIJ IIA 1 NOl 1£ !M.I'lÞ 1[Ð, USED IJI DlSQ.D6IJ) IIlNOUl 11£ IIIfl1Ð COISENl OF PIlI I: A . R£LEA5E ~ . 07/15/001 CONSlRUCl10N DRAWINGS NOTE: 1. Þ-NTENNA EOUIPI.1ENT TO BE PAINTED TWlSTE[) BRANCH 18696N 2. OIST. BETWEEN FACE OF POLE AND OUTER FACE OF Þ-NTENNAS NOT TO EXCEED 12". EJ ~~:-~~CKET ELEVATION 2 ANTENNA ELEVATION VIEW 5=3) SCALE: l' = 2' Rl\tSIONS NO. om .&. 09/02/04 REVISED P£R COIIllfNlS & 09/15104 REVlS£O P£R COIIYEIm .&. 09/22104 REVISED P£R COIIIIEIIlS & 10/21 /001 REVISED P£R COIoIIIEII1S &. CA8LE GUARD SHEATH LOCATE AT EACH END OF ICEBRIDGE (TYP.) PRa'£RTY OF 11£ 0IIIfJI. Il IS PIIOOUCIJ) SOlEI. y FIJI US[ BY 11£ OINÐI NIJ lIS AmUAlES, IIEPftOOUClICN IJI US': OF lItIS IJIAIN: NIJ/M 11£ _101 CÐNlAN1l II illS FOR8I)ÐfJ IIlNOUl 11£ II!IIlDI PERIIISSION OF lI1E OIlIER. DRAWN BY: J. FLAXMAN CHECKED BY: J. RENO SITE _ ARROWHEAD SITE NIAlBER CV 652 SITE ADDRESS 2297 ARROWHEAD VALLEY RC CHARLOTTESVILLE, VA. 22903 SHEEl mLE SECTIONS AND DETAILS -20 (~ ,. , SHEEl NUYBER 5-3 PLOT SCALE: IF THE ICE BRIDGE (DIM. . A') IS 20' OR GREATER, THREE (3) GROUNDING POINTS ARE REQUIRED. ONE (1) EACH AT OPPOSITE ENDS AND ONE (1) NEl:R THE CENTER OF THE ICE BRIDGE. CALDWELO TO THE ICE BRIDGE SUPPORT POST. HEAD BY MICROFLECT 1/2" GAL V., SÇHED 40 POST; CROWN TO DRAIN; TYPICAL - ..-12" x 36" DEE fOOTING; TYPIc. FRONT ELEVATION CALDWELD GROUND LEAD TO ICE BRIDGE SUPPORT POST, 6'-12' ABOVE GRAVEL GRADE (TYP.) 01101. :t 3'-0' :t 7'-6' ± 6'-6' TABULATION 'A' 'B' "C' BRIDGE CHANNEL BY MICROFLECT 1/2' ALL THREAD COAX SUPPORT; 20' UNISTRUT W!NUT AND WASHER EACH SIDE/ EACH LEvn USE ANDREW COAX HANGERS COAX TERIoIINA TOR FRAME PER PRo.£CT IoIANACER'S INSTRUCTIONS .. NOTES: IF THE ICE BRIDGE (Dlf.!. "A") IS 20' OR LESS, TWO (2) GROUNDING POINTS ARE REQUIRED AT DPPOSITE ENDS OF THE ICE BRIDGE, CALOWELD TO THE ICE BRIDGE SUPPORT POST. . ¡r> ~ EQUIPMENT CABINET ICEBRIDGE SUPPORT ICE BRIDGE DETAIL SCALE: N. T.S, 3 S=3 ~ a.. ~ š;j ~ § § ~ t éI c: .~ I!! a c: III a: œ c: .¡ I!! a c: o 'B 2 '1IS c: o 5:2 III c: III ~ C) c: !!! ~ ~ en (') ~ ~ o ~ ~ -¡¡j (') , ~ N 8 ~ ~ - I e 9= ö.: ClEAR 24' . 0:: ~ ~ ~ o w CONC. PAD 12 TINNED LEADS TO GROUNDING RING (TYP.) SIDE ELEVATION STEEL POLE TOWER 18' -- -- 1 ANTENNA PLAN VIEW \S':3J SCALE: l' = l' - I.1AX. -A- .. - 4'-6" O.C. IoIAX. - ~ 3'-0' O.C. I.1AX. 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"tJ »11 .. 0 -'.. <D g.,. 8 ~ ;;:., ')' . ... en ~~ !" n ~6IIL~ (QtoÇ) NI.f~ 'f/ lN3WH~'f/ll'f/ ATTACHMENT A "'.'VV I:>'IUJ ....-,... II> U . '" " I ':] ~ ~ WI:=" 8 1I...c 0 - .. 0 m ..- .;~ ¿r ¡ u 8.. ~N 00 :eö .0 -N Iift~ ViN c(§ .E~~~ ....J 0 to.... ~ . N to oðoi ..r::!oò<ô ..~ ~~~~ -ê z&~~ :20 CQ:21ll1ll'1 o:ã: ::àil-I&. WI oi ': ~ ... I> ftI ~ ::tð! c oi o ~ ..I> .. c: ftlC> o.~ AU DRAItIGS 00 _T1EN IlAlElIW. CllNTAlNED HER£t NE 11£ PROPÐIlY Œ PHI ., A 00 IlAT NOT lIE DI.PlJCATm. L!õ[D CR DISClOlSED IIlItCUT 1HE 1I!tT1EN CD&NT Œ PIlI a A ~ Oo\lE . 07/15/04 CONSTRUCTION DIIAW1N:S CO...X C...BLE SIZE (DI.... 7/8" "'NDREWS 7 /B" "'NDREWS 2 1/4' "'NDREWS C"'BLE(S) DF. CONt~ECTOR TOWER HEIGHT UPTO 100' 100'- 200' 200'+ ~<... z'" ~< z~ < 6' .AJMPER MAX ~1/2" STD ANDREWS DF, ANTENNA---' I rt. DF. CONNECTOR OM. CONNECTORJ DM. CONNECTOR INSPECTiON PORT (TYP TWO PER TOWER) 'TEfL POLE FOUNDÞ.TION GROUND ROD (lYP) 10' -D' O/C TYPICAL MONOPOLE GROUNDING PLAN SCALE: N.T.S. THREE (3) TAILS ON DIRECT OPPOSITE SIDES OF TOWER BASE (1) BUS BAR (1) TOWER GROUND (1) SPARE/ICE BRIDG( GROUND RING 18' (WIN) CLEAA f'ROI EDGE bF CONCRETE FOUNDÞ.TION 2 E= GROUND GRID DESIGN PROVIDED BY OTHERS, THIS DESIGN 1.4... Y NOT NECESS...RIL Y REFLECT A TYPICAL GROUNDING DESIGN BY PHR&:A, PHR&A SHALL NOT BE HELD U...BLE IN THE EVENT D"'M"'GE OCCURS TO EQUIPMENT. EQUIPMEN1-!:ABlNET ON 10' x 16' SlAB ON COMP"'CTED GR'" VEL (SEE SITE PLAN FOR LOCATiON) ! rGROUND RING #2 SOliD r!::/ TiN CO... TED COPPER I 10' X 16' CONC. PAD £~OOND ROD (TYP. ,,' I $ I 0- I I 1'-2' 16 STR"'NDED GREEN INSULA TED, C"'DWELD TO GROUND RING (TYP.) . DM. CABLE RISER DIAGRAM SC"'LE: N, T.5. 5 E=' (THRD.) - 12 SOUD TEST LOOP NOTCH SIDES or 6' PVC SCH 40 PIPE TD ALLOW EXIT .ENTRANCE OF GROUND RING ---- \- '- GROUND RING 5/8" X 8,/10' GROUND ROD FINISH GRADE _u_n_~INSP::: P~H (TYP. OVER GROUND ROD '"'-e- Z :i . .,. '" 6' CLR. TYP. f- TRENCH BOTTOI.t EQUIPMENT PAD GROUNDING LAYOUT SC"'LE: N. T.S. , E:' 1- INO. DAlE & 09/02/04 R£VISfO PEl! COIIIIENTS &. 09/15/04 R£~SEO I'ER COIOII£NTS .& rB/22/04 R£VISfI) PEl! COIIMENTS .& 10/71/04 R[~SEI) I'ER ClMlENTS &. CO"'X C"'BLE GROUND KIT GROUND B...R LOC...TED 1'-2' BELOW TR...NSITiON MOUNT DIRECTLY TO TOWER . o ~ 3 NSPECTION PORT E= 1 J SC"'LE: N.T.S. TELCO BOX PROPÐIlY Œ 11£ 0II(II. IT IS _em saIL Y FOR USE BY 11£ OlIO NÐ ITS AffIUAl[$, RfJ'RODUClIf) OR use: Œ 1HIS IIRA_ MJ/OR 11£ _1I0Il CllNTAND II IT IS FOII8IJOÐ II1IQJT 11£ IIItT1EN _ Œ lit!: OIlIER. DRAwN BY: J, FLAXMAN CHECKED BY: J, RENO sm:_ ARROWHEAD I sm: NtJIB[R CV 652 I SIT[ ADOR£SS 2297 ARROWHEAD VALLEY R[ CHARLOTTESVILLE, VA. 2290: I SHŒT mu: - - ELECTRICAL DETAILS - - SHEET NUIIBER - - E-1 - - - PLOT SCA\L; 1-2D 'le L.-. GROUND KIT - TO EQUIPMENT C...BINET TOWER §. E- GROUND BOTH POST TO GROUND RING GROUND BOTH POST TO GROUND RING II Lb--- 2' CONDUIT (DEPTH -;ERj LOCAL BUILDING CODE) TO NTELOS EQUIPMENT FOUNDATiON SONOTUBE) POST ENDS DISCONNECT BOX GROUND RING ANTENNA GROUNDING DIAGRAM SC"'LE: N.T.S. II =-=--dJ PVC ELECTRIC C. =- NTELOS EOUIPMENT J 4" CONDUIT (DEPTH PER LOC"'L BUILDING CODE) TO TELCO PEDESTAL SINGLE METER BOARD SCALE: N.1S. COAX C...BLE NOTE: ...DDITIONAL GROUND B...R IS REQUIRED AT MID POINT IF COAX CABLE EXCEED 200' (TO BE t.10UNTED DIRECTLY TO TOWER). GROUND BAR LOCATED 1'-4' ABOVE TR...NSlTlON MOUNT DIRECTlY TO TOI'ÆR (2) #2 TINNED GROUND LE"'DS TO GROUNDING RING 4 E- , i 1¡!\j!IL II L:: :::::: cdJ OR,""' ROD(S) . 24" . ..,. N CLAMP CONDUIT TO UNISTRUT CLAMP UNISTRUT TO PIPE CADWELD CONN. TYP. SQU...RE '0" JR OR CLAt.1P CON TO UNISTRU 2' CONDUIT W/ 16 STR"'NDED GREEN INSULATED GROUND WIRE CLAt.1P UNISTRUT TO PIPE CADWELD CONN. 4' CONDUIT (DEPTH PER] LOCAL BUILDING CODE) TO POWER POlE CONCRETE FOUND... nON (PLACE IN SONOTUBE) IAETER ~ 11. ~ ~ ~ ~ ~ ~ 1 g> .~ I!! o c: 111 g; 01 c: j ð c: .S! 'tS 2 111 c: o 9 t c .II! 9- ~ c: W - ~ ~ , C/) (') ~ , N :g ~ ~ íií (') I ~ Ñ :g ~ ~ 'fi 41 "ë' 9- n: . . ~ =6 a "iD' ~ ... ~ ~ ~ ... ~ l.. (¡,) (f l.. ;... fñ ::J co ~ ii" ::J III o o ::J IlL 2 s¡ Õ ::J i $; 5' co =6 ii" ::J C ¡¡¡ i. ð $ ... § ~ R ~ ... 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OO!! 03GV3!!Hl 'via .e/s ~ NO~~ l=i v , ¥Id cI) IN:J5N;) IGU.IIII :JIl 1/1OIU.II OJSIJ""OSIO 110 Q3SI1 '031Q1c11O 311 1011 1V11 1M V , IItd JO JUII3dOIIoI H ~ M30I (]NlV1fÇ 'M1131. 'III IGU.RII 1M s:JNIYIIQ 11V ~"V ,ÈII :r- ea- ~o !" ::I ¡f1~ ~ II (i ... Q :. !"'" .... -I ~ ::: :!!::u U'u-ë:Q:I o C ~ i) 'il z 5 III bobo·~ ea- ~~2.s: ~go ¡"¡"~!I: .. '" c ~ tJ,¡ ...... <- g> .....a 0'1 > ~ ",UI 0."" "'~ ~ III ..... 00 -.. 8: "'- 'On ea _. ", »11 .. 0 m g.; ¡:;¡ c " ;::. N .. CD.. , '" ~~ !" n . 'J'COI~ (n¿ro\ AA....~ 'V 1N311\1 H::>'V 11 'V oIll l' 3ZIS 3HIM N1Z-g¡:VÁ "1:)ll-1:)ZVÁ # Dm 318V1 .ll ."1 'VIO 1108 518 01 H01:)nONO:) ONno!!D 11)1 dl'lV1:J DNIONnOèIÐ 318V:) XVOJ M3HONV ATTACHMENT A ABBREVIATIONS AND SYMBOLS B. UPON COMPLETION Of' THE GROUND INSTALLATION AND BEFORE CONNECTION TO THE PERMANENT FACILITY POWER. mE ELECTRICAL CONTRACTOR SHALL PROl<1DE AT HIS EXPENSE, A MEASUREMENT OF THE NEW EARTH GROUNDING ELECTROOE SYSTEM. THE TESTING SHALL UTILIZE AN EARTH RESISTANCE METER AND BE CONDUCTED IN ACCORDANCE II.1TH THE IEEE STANDARD 3 POINT FALL OF POTENnAL METHOD. 8. PRIOR TO ANY WORK OR ORDERING OR ANY MATERIALS, THE CONTRACTOR SHALL VERIFY THAT THE EXISTING SERI<1CE VOLTAGE IS THE SAME VOLTAGE AS SHO~ FOR THE NEW EQUIPMENT. IF THE VOLTAGES ARE THE SAME, ;"HE CONTRACTOR MAY PROCEED. IF DIFFERENT, THE CONTRACTOR SHALL NOTIFY CRO~ COMMUNICATIONS IMMEDIATELY AND OBTAIN FURTHER DIRECTION. FURNISH ALL LABOR, MATERIALS, TOOLS, EQUIPMENT SERV1CES FOR ALL ELECTRICAL WORK AS INDICA TED IN ACCORD WITH PROVISIONS OF CO~TRACT DOCUMENTS. COORDINATE WITH WORK OF ALL OTHER TRADES. FURNISH AND INSTALL AL SUPPLEMENTARY OR MISCELLANEOUS ITEMS ANO DEI<1CES TO SECURE ALL COMPLETE INSTALLATION Y"WW MANAGER MINIMUM MISCELLANEOUS MGR MIN MISC AIR CONDITIONING ADJUSTABLE ABOVE FINISH FLOOR APPROXIMA,ELY AMERICAN SOCIETY FOR TESTING AND MATERIALS AMERICAN WiRE GAUGE A/C ADJ AFF APPROX ASTM II! I ï ~ .. ~ "" v x o m o Q. ";N ,,~ ,,110 ~N jj)N c:: .0( ID t-- - > __ I"') o "" v ~ .. N cD ..c.!còad _aNN :s. ~ ~ z :!\.~ ~ ~~IO~ .-m~~ ~ æ:: u .; Cl.t; '''' ..::: 111'<:' o :~ .- ., u a. 00 .. ~ ..", c(§ ...J all· ~ -'" .. c: c: :3 0 0::15: .. .; .- (; "'>, ... ~ " ~ zð! c ~ 0.. -" _c: "Õ> c: CLUJ NORTH NOT APPLICABLE NOT IN CONTRACT NOT TO SCALE N NA NIC NTS AWG C. NOTIFY THE OWNERS REPRESENTATIVES THREE DAYS PRIOR TO THE SCHEDULED TESTING DATE SO THEY MAY BE PRESENT AT THE TIME OF TESTING. THE GROUNDING SYSTEM SHALL PASS A 'SIXTY TWO PERCENT FALL -Of-POTENTIAL TEST. THE MINIMUM LENGTH OF THE TEST CONDUCTORS SHALL BE 150 FEET. CDNTRACTOR SHALL HAVE A CUR'Æ OF RESISTANCE VS. DISTANCE PREPARED. THE CONTRACTOR SHAlL IMMEDIATELY NOnFY THE OWNER'S REPRESENTATIVE IF THE MEASURED RESISTANCE IS ABOVE S OHMS. MA TERIALS ALL GROUNDING MRE SHALL BE nN COATED COPPER. , 2/GREEN INSULA TED MLL BE USED FOR EQ GROUNDS TO RING. ORA WN COPPER UNLESS OTHERMSE - ,2 AWG BARE STRANDED SOF CABLE NOTED ON THE DRAWING. - L YNCOlE "xlT" GROUND RDDS (REFER TO SECTION 21) - CAD WELD OR OTHER APPROVED EXOTHERMIC \I£LDING SYSTEM 2. FOR EXACT LOCAnON OF BUILDING ELEMENTS, REFER TO ARCHITECTURA DWC'S. nELD VERIFY LOCAnON AND ARRANGEMENT OF ALL EXISnNG SYSTEMS AND EOUIPMENT . ON CENTER OUTSIDE DIAMETER OPENING OPPOSITE OC,o/e OD OPG OPP BUILDING BLOCK BASE MOBleE RADIO BUILDING õTANDARD BLDG BLK 8MR 8/S NEMA-.JR WEATHERPROOF. SHALL BE AND EOUIPMEN AlL EXTEPIOR DEV1CES CEILING CLEAR CONCRETE CONSTRucnOIJ CONTINUOUS CLG CLR CONC CONST CONT .2 FOLLOWING CODES: '. FEDERAL, STATE AND LOCAL CODES. REGULATIONS AND ORDIAtKES 2 NATIONAL ELECTRICAL CODE (NEC), 1996 EDITION 3 ALL AUTHORITIES HAViNG JIJRISDléTION. PERFORM AlL WORK IN ACCORDh1TH 4. TREATED REQUIRED ROOM ROUGH OPENING PLYWOOD PAiR PROJECT PROPER" PRESSURE PLYWD PR PRDJ PROP PT REQ'D RM RO DOUBLE DIAMETER DIAGO NAL DIME~ISION DOWN DETAIL DRAWING DBL DIA, ø DIAG DIM DN DTL,DETL DWG THE OUTSIDE GROUND RING SHAlL BE PLACED AROUND THE STRUCTURE AT A DISTANCE if ONE FOOT FROM THE FOUNDATION AT A DEPTH Of TWO FEET OR SIX INCHES BELOW FROST UNE, WHICHEVER IS DEEPER LIMITS OF BEND RADIUS IT IS IMPORTANT THAT THE WIRE CONNECTING THE INSIDE AND OUTSIDE GROUND RINGS BE AS STRAIGHT AS POSSIBLE. WITH NO TURN SHORTER THAN A ONE FOOT RADIUS. DEVlA TINC FROM THESE CUIDELlNES WOULD ADD INDUCTIVE REACTANCE, WHICH WILL EFFECTIVELY DECOUPLE THE TWO SYSTEMS IF LIGHTNING ENERGY IS INTRODUCED. THIS IS DUE TO THE VERY FAST RISE TIMES ENCOUNTERED WITH LIGHTNING STRIKES. AVOIO ALL 90' TURNS. CONNECTION METHODS .3 LISTING HAS BEEN ESTABLISHED IN DAMP OR ~T LOCATIONS 7. CONDUIT, AlL ELECTRIC METAlliC TUBING CONNECTORS SHALL BE COMPP(SSION TYPE (NO POT-~ETAL AND SET SCREW). MIN. 3/4 IN. USE FLEXiBlE ~ETAL (STEEL) CONDUIT FOR CONNECTION TO ALL VIBRATING EOUIPMENT ANO CASEWOPK 5 USE UL LABELED ELECTRICAL MA TEPIALS WHERE FOR ~A TERlALS OR DE;~CES IN QUESTION IN NE~A- TYPE SAFETY S\\HCH, HEA VY OU TY SOUTH SHEET SIMILAR SPECIFICATION SQUARE STAINLESS STEEL STEEL STRlICTURAL SUSPENDED SHEET VINYL S SHT SIM SPEC SO SS STL STRUCT SUSP SV EAST EACH ELEVATION ELECTRICAL EQUAL EQUIPMENT tACH WAY EXISTING EXTERIOR E EA EL,ELEV ELECT EO EQUIP EW EXIST EXT All EXTERIOR &: BURIED CONNECTIONS MLL CAO ~LO OR OTHER APPROVED EXOTHERMIC \I£LOING SYSTEM. CONNECTIONS TO THE SKID ON METAL BUILDING MA Y BE MADE MTH MECHANICAL. CONNECTORS. RF GROUND CONNECTIONS TO BUSS BAR WILL BE MECHANICAL CONNECTED MTH TWO HOLE LUGS. .4 8. WIRE IN CONDUIT SIZED 1'0 AWG AND SMALLER SHALL BE SOLID COPPER M TYPE THWN/THHN 600 VOLT INSULATION. THE ~IN. CONDUCTOR SIZE SHALL BE NO 12 AWG. CONTROL WIRING MAY BE ND. 14 AWG. A GROUND \liP( SHALL BE INSTALLED IN AlL CIRCUITS. WIRE OF SIZES 8 AWG OR LARGER SHAlL BE STRANDED COPPER WITH TYPE XHHW, THW OR THHN 60D VOLT INSULA nON. SPLICES FOR II.1RE SIZES OF 18 AWG OR LARGER SHALL BE SPLIT -BOLT CONNECTORS WITH SUFFICIENT LAYERS OF TAPE TO EOUAL INSULATION OR WIRE BElNG SPLICED. AU. DRA\IIINCS AICI IAITTEN IillllERW. !XIIITAlNED HEII£M AÆ 11£ PRŒERTY Œ PHR a A AICI IlAT NOT lIE DII'l£A TED. U!;[) IJI DlSa.œED IITHOtIT 11£ IIm1EN CCNSÐIT Œ Ptf! a A II£LEAS[ DATE 07{15/04 THROUGH TINNED TOP OF CONCRETE TOP OF MASONRY "PICAL BUILDING UNIFORM CODE UNLESS NOTED OTHERWISE THRU TNND TOC TOM TYP U8C UNO FINISH FLUORESCE~:T FLOOR FOOT GAUGE GALVANIZE(D) GENERAl CONTRACTOR GROUND GYPSUM WALL BOARD GYPSUM BOARD FIN FLUOR FLR FT GA GALV GC GRND GWB GYP BD GROUND CONNECTION SHALL BE FREE Of DIRT, GREASE 8< PAINT. ALUMINUM WIRE MAY NOT BE USED FOR GROUNDING AND SOLDER BONOS ARE PROHIBITED FOR ALL GROUND CONNECTIONS. AT THE ON-SITE RISER POlE OR METER PEDESTAL, THE AC. SERI<1CE NEUTRAl SHAlL BE MECHANICALLY BONDED TO THE AC. SERVICE ENTRANCE GROUND AS SPEClnED BY THE NATIONAL ELECTRIC CODE, ARTICLE 250, AND/OR APPROPRIATE LOCAL COOES. TWO GROUND RODS SHALL BE PROVIDED AT THIS POINT, INDEPENDENTLY FROM THE GROUND RING. A SEPARATE AC SERVICE GROUND AND NEUTRAL SHAlL THAN BE ROUTED AND CONNECTED TO THE MAIN DISCONNECT MOUNTED INSIDE OR ON THE EXTERIOR Of THE CABINET CONSlS .5 A 9. PROl<1DE NAMEPLATES ON ALL PIECES OF ELECTRICAL EOUIPMENT, SUCH AS, CIRCUIT BREAKERS, DISCONNECT SWITCHES, PANELBOARDS, ALL PULL BOXES NAMEPLAr¡:SAHALL BE ENGRAVED \11TH WHITE LETTERS ON A BLUE FIELDS, 2-1/2'X3/4" WITH 1/4" HIGH (MIN.) 'SETONFLEX' TO WITHSTAND EXTREME INDOOR AND OUTDOOR TEMPERATURES. PlATE SHALL HAVE PRESSURE SENSITIVE ADHESIVE BACKING SUIT ABLE FOR OU TDOORS. O. THE CABINET SHALL BE PROVIDED AS A PREFABRICATED PACKAGED UNIT. THE CONTRACTOR IS TO PROVIDE ALL OTHER EOUIPMENT, CONDUIT AND CABLING FOR A COMPLETE JOB. 75' WITH LISTED AND IDENTIFIED FOR USE BE ALL TERlAINA TlONS SHALL C RATED CONDUCTORS. I DRAWINGS CONSTRUCI10N VERTICAL VERIFY IN FIELD VINYL TI LE VERT VlF vr 09/02/04 RE'llSED PER COIIIlENTS .09/15/04 RE'IISl:D PER COIIMENTS 09/22/04 REVISED PER COIIMENTS 10/21/04 RE'IISED PER COWENTS Rl\ISDIS NO. I DATE &. & &. .& .&. WEST WITH WINDOW WITHOUT WATERPROOF W W/ WIN W/O WP HARDWOOD HORIZONTAL HOUR HEIGHT HEATING, VENTING & AIR CONDITIONING INSIDE DIA. INCH INFORMATION INSULATION INTERIOR POUND(S) ANGL AND C ENTER LINE PROPER" LINE AT NUMBER .i\ & <!. ft @ # .6 PRlftRTY Œ 11£ OIIIÐ. IT IS PROOUC£J> SClI1. y FOR USE BY 11£ OIIIÐ AICIITS AFTILlATES, II£I>RQDUC_ IJI IL'iE Œ IIIIS DRA_ NIJ/rJ« 1£ _11DII COIITMIED IN IT IS FOR8IJOD .-mauT 11£ IIm1EN PEiMSSION Œ THE (M,(R. DRAWN BY: J. FlAXMAN CHECKED BY: J. RENO MAXIMUM MECHANICAL METAL MANUFACTURER MAX MECH MET,MTL MFR THE NORMAl INSTAlLATION GUIDElINE FOR ANTENNA COAXIAL/ CABLE GROUNDING PER TRANSMISSION LINE PER TOWER HEIGHT IS AS FOLLOWS: TO\\£RS LESS THAN 200' USING AN EQUIPMENT SHEL TER-3 GROUNDING CONNECTIONS PER COAX CABLE: TO\\£R TOP ATTACHMENT POINT. I-t BELOW TRANSITION POINT, TO\\£R BOTTOM ATTACHMENT POINT, 1-4' ABOVE TRANSITION POINT AND AT THE BUILDING P(NETRATION. REFERENCE DETAIL ELEVATION REFERENCE IIEIAL fi@ T-I 4it 4it-1 GROUND FAULT PROTECTION IS REQUIREQ FOR ANY UTILITY RECEPTACLES. 6. REVISION Lh TOWERS OVER 200' USING AN EOUIPMENT SHELTER -4 GROUNDING CONNECTIONS PER COAX CABLE; TO~R TOP ATTACHMENT POINT, 1-2' BELOW TRANSITION POINT, TOWER MIDDLE ATTACHMENT POINT, TO~R BOTTOM ATTACHMENT POINT, 1-4' ABOVE TRANSITION POINT AND AT THE BUILDING PENETRATION. THROUGHOUT ~ITE/NEUTRAL. GREEN/CROUND, SHALL BE MAINTAINED THE SITE ELECTRICAL SYSTEM 7. NOTE ROOM NUMBER SIIE _ ARROWHEAD SIll NlIIIIER KEY <I> Œ2Q] 3. TOWERS LESS THAN 200' USING EXTERIOR CABINETS-2 GROUNDING CONNECTIONS PER COAX CABLE; TO\\£R TOP ATTACHMENT POINT, 1-2' BELOW TRANSITION POINT AND TOWER BOTTOM ATTACHMENT POINT. 1-4' ABOVE TRANSITION POINT. AT (NO SUPERFLEX), SECTION REFERENCE KEYED NOTE ~ 4. TOWERS OVER 200' USING EXTERIOR CABINETS-3 GROUNDING CONNECTIONS PER COAX CABLE: TOWER TOP ATTACHMENT POINT. I-t BELOW TRANSITION POINT, TOWER MIDDLE ATTACHMENT POINT AND TO~R BOTTOM ATTACHMENT POINT, 1-4' ABOVE TRANSITION POINT. ANTENNA GROUNDING SERIES TO BE 1. 2. 3. 4. 5. 6. CV 652 SIn: ADDRESS 2297 ARROWHEAD VALLEY R[ CHARLOTTESVILLE. VA. 2290: SHŒT TTII.E ELECTRICAL NOTES 1-=2D /1 J_ NUMBER t"'~ '-'/ B. ICE BRIDGE CAD \\£LD #2 SOLID TINNED COPPER MRE TO EACH PIPE SUPPORnNG THE CABLE SUPPORT STRUCTURE IN THE FRONT/BACK AND MIDDLE IF OVER 20'. BOND TOGETHER EACH SECTION if ICE BRIDGE USING 12 SOLID nNNED COPPER WIRE CAD WELDED TO EACH SECTION. TQR THE CONTRACTOR SHALL PROVIDE (FURNISH AND INSTAlL) ALL NECESSARY CONDUITS, \'>IRING AND OUTlET BOXES TO SUPPORT THE FURNISHED ITEMS. MANUFACTURER'S WI4EN INSTALLED, THE PERIMETER FENCE SHALL BE CONNECTED IN AT LEAST SIX PLACES TO THE MAIN EXTERIOR GROUND RING. CAD III:LDING CONNECTIONS SHALL BE MADE ON THE CORNER METAlliC 6" - 12" ABOVE FENCE POSTS AND THE Two POSTS SUPPORTING THE GATE AND THE EXTERIOR GROUNDING RING USING 12 SOLID TINNED COPPER WIRE. EACH GATE LEAF SHALL BE CONNECTED TO EACH GATEPOST USING 2/0 INSULA TED WELDING CABLE CAD WELDED TO THE GA TEPOST AND THE GATE LEAF FRAME SCAlE, SHŒT E-3 PLOT HARD 'WD HORIZ HR HT HVAC ID IN INFO INSUL. INT LB(S) I. AS PER POWER COMPANY OR 5. ME TER SOCKET TO BE SUPPLIED BY REQUIREMENTS. CONNECTIONS NF WITH SERlE S LDF BENDS A. 1. 2. \11TH FOR LOCATION OF NEW EOUIPMENT CABINET &: ANTENNAS, SEE SITE COORDINATE IN ADVANCE ALL WORK TO BE DONE II.1TH PO~R UTILITY THE CONTRACTOR SHAlL BE RESPONSIBLE FOR MAKING ALL CONNECTIONS AND ~AKING A COMPLETE oPERATIONAL SYSTEM AS APPROVEO BY CROWN COMMUNICA nONS REPRESENTA nVE. TESTING CERTIFIED MEASUREMENTS TO BE TAKEN AND SUBMITTED PRIOR TO CONNECTION TO MAIN SEPVICE UTILITY GROUND. GROUND GRID RESISTANCE SHALL NOT EXCEED 5 OHMS 32 A. THE THE DO~ CONDUCTOR SHALL BE 12 SOLID TINNED COPPER \liRE AND SHALL BE INSTAlLED FRQt.4 THE GROUND ROO TO THE AC SERVICE NEUTRAL/GRQUND BONDING. CONNECTION TO THE GROUND ROD SHALL BE CAD OR OTHER APPROVED EXOTHERMIC WELDING SYSTEM. CONNECTION TO THE NEUTRAL/GROUND BONDING SHALL BE MECHANICAL ALL CABLE SHALL BE ANDREWS BOTH ENOS. ALL JUMPERS A T THE ANTENNA LOF 6-FOOT, 1/2"NM x OM. ALL JUMPERS AT THE EQUIPMENT TO BE LDF SERIES 18"-6' MAX, I /2"NM x 1/2'NM (SUPERFLEX ALLOWED IN SHELTER). ALL EXTERIOR CONNECTIONS SHALL BE WEATHERPROOF TAPED. ALL GROUND KITS SHALL BE 2 HOLE LUG (NO SCREW-ON LUGS AlLOWED). ALL COAX CABLES TO BE RUN INSIDE MONOPOLE. WHERE POSSIBLE. NO HANGERS 'MLL BE REQUIRED WHEN CABLES ARE RUN INSIDE MONOPOLE. ALL COAX CABLES RUN ON A WAVEGUIDE LADDERS, ON STANDOFF, ON THE EXTERIOR OF A MONOPOLE, ON A GUYED TOWER, ON A SELF SUPPORT TOWER OR ON A POLE SHALL BE SUPPORTED EVERY FOUR (4) FEET. PLAN. CO. ACCORDANCE PROVIDE \'>IRING IN CONDUIT IN RECOMMENDA TlON AND NEC. 3. 4. 5. THE CONTRACTOR SHALL CONFER, COORDINATE, AND COMPLY MTH RECDMMENDAnONS ~AOE BY THE NEW EOUIPMENT CABINET MANUFACTURER'S REPRESEN TA TIVE. 7. ELECTRICAL CONTRACTOR TO INCLUDE THE FINAL CONNECTION WORK AND REOUIREO PERMITTING AND INSPECTIONS TO COMPLETE THE PO~R AND TELEPHONE CONNECTION TO EOUIPMENT CABINET. COORD IN A TE WITH THE GENERAL CONTRACTOR FOR EOUIPMENT CABINET. OF OF t-6" ~ Q. f8 $j ~ § N C5 - t ~ .~ I!! o c: !G ñ: Q c: ! c: .2 'tS 2 "tIS c: o y III c: !G ~ C) c: W - - ~ - I N ¡g - 1;; ('f') I - Ñ ¡g - - - ts Q/ °e 9- 0.: 6. THE GROUND ROO, BONDING AND DOWN CON~UCTORS SHALL FOLLOWING MINIMUM MATERIALS AND CONNECTION METHOOS. ALL GROUND RODS SHALL BE 5/8' X 8' COPPERCLAD. THE TOP Of THE RODS SHALL BE BURIED TO A MINIMUM DEPTH (OR 6' BELOW 1HE FROST LINE WHICHEVER IS DEEPER). 2. POWER COMPANY OR THE CONTRACTOR WHERE REOUIRED BY THE PO\\£R COMPANY, SHALL TERMINATE THE PO~R CABLES(SUPPlIED BY THE POWER CO AT THE U nllTY METER LOCATED ON THE CABINET. 3. CONOUIT LINES SHALL HAVE A CONTINUOUS SLOPE DOWNWARD AND AWA Y FROM THE CABINET TO THE PROPERTY LINE SO THAT WATER WILL FLOW AWAY FROM THE CABINET. TRENCHES SHALL BE EXCAVA TED ALONG STRAIGHT LINES BEFORE CONDUITS ARE LAID SO THE ELEVATION CAN BE ADJUSTED, IF NECESSARY. TO AVOID UNSEEN OBSTRUCTIONS. MANUFACTURED BENDS SHALL HAVE A MIN. RAD. 36" FOR CONDUITS. 4. BENDS SHALL HAVE A MINIMUM RADIUS 36" FOR CONDUITS. ALL CONDUITS ENTERING THE SHELTER SHALL BE SEALED WITH SEALAN TS THA T ARE IDENTIFIED FOR USE WITH THE CABLE INSULATION. SHIELO, OR OTHER COMPONENTS. A BEAD OF SILICONE SH ALL BE PLACED AROUND ALL CONDUIT PENETRATIONS INTO THE CABINET. . . ATTACHMENT A · 9. [Section 5.1.40.d(2)] Adequate opportunities for screening must be provided onsite. Because of its location near the top of this low ridge, it appears that nearly 10 feet of the monopole will be exposed above the treetops with the only backdrop being provided by the distant mountain. Please note that this concern was identified during the balloon test and also discussed in the field with NTELOS personnel. The entire area around and near the Ntelos lease area is heavily wooded with trees of significant height, all of which provide more than adequate opportunities for screening. During the balloon test, from every vantage point at which the balloon was visible, a backdrop of trees exists which will help the facility blend in with the surrounding vegetation. · , Ntelos' engineer has' estimated that the distance between the proposed facility and the trees behind the facility is only approximately 80 feet - the distance is attributable to a 35 foot deep ravine just behind the facility. Many other wireless facilities have been approved with far less screening and wooded backdrop. As the photo simulations demonstrate, the wooded backdrop will help camouflage the facility very well. As with any wireless facility (treetop design or otherwise) the facility will never be completely invisible, regardless ofthe amount of trees around or behind the facility. But the design of this facility, and its proposed height, location, and siting on the property, especially given the expanse of wooded tree backdrop, will enable the facility to blend in very well, and certainly enables it to meet the criteria of the ordinance. Also attached are the two large fonnat copies of the revised plans that you requested. Please contact me at your earliest possible convenience if you have questions. Sincerely, JMM~kLA Debbie Balser Site Acquisition Manager, Virginia West Region Attachments Cc: Valerie W. Long File · q . . . ArT ACHMENT A TREE CONSERVATION PLAN 10/1/04 Debbie Balser Site Acquisition Manager nTelos 1150 Shenandoah Vi lIage Drive Waynesboro, VA. 22980 Dear Mrs. Balser, Enclosed you will find a Tree Conservation Plan for the proposed project entitled "T.E. Wood Property (CV652)". The plan is designed to specify the necessary tree protection methods and procedures required to minimize construction stress on the trees that will be impacted by this project, as well as to identify existing trees that are recommended for removal. Trees are recommended for removal when they are located within 1.5 times their height from the proposed structure and meet the following criteria: o The tree is dead or in irreversible decline. o The tree is an unreasonable risk due to a structural defect that cannot be reduced to a reasonable risk level through the implementation of standard arboricultural practices. I have developed a table that describes each tree species, specific recommendations for their care, and any relative comments. The required tree protection procedures are broken up into 3 categories, pre-construction, during construction, and post-construction. Sincerely, Michael Abbott ISA Certified Arborist MS in Forestry ~ .. 2lWì~ '2~ ATTACHMENT A Tree Conservation Plan T.E. Wood Property CV652 Tree Table Tree # Species Recommendations Comments 1 Black Oak F~rtilize 2 Sassafras Fertilize . 3 Tulip Poplar Fertilize 4 Tulip Poplar Fertilize 5 Tulip Poplar Fertilize 6 Tulip Poplar Fertilize 7 Tulip Poplar Fertilize 8 Tulip Poplar Fertilize 9 Tulip Poplar Fertilize 10 Tulip Poplar Fertilize 11 Ash Fertilize 12 Black Locust Remove Dead 13 Sassafras Fertilize 14 Black Cherry Fertilize 15 Red Maple Fertilize 16 Ailanthus Fertilize 17 Ailanthus Fertilize . 18 Red Maple Fertilize 19 Red Maple Fertilize 20 Tulip Poplar Fertilize . 21 Ash Fertilize 22 Ash Fertilize 23 Ash Fertilize 24 Red Maple· Fertilize 25 Black Locust Remove Dead - 21 . . . ATTACHMENT A Tree Conservation Plan T.E. Wood Property CV652 Tree Protection Procedures Pre-construction , .. o A composite soil sample shall be taken from the site for analysis of soil pH, organic content, nutrient levels of nitrogen, potassium, phosphorus, iron, magnesium, and manganese, and to establish cation exchange capacities. o The following trees shall be felled and left on site. Care must be taken not to damage remaining trees on site. Trees #12,25 o A tree protection zone shall be established to minimize soil compaction, and root, stem and branch damage during construction. The zone will be defined as an area that is 9 inches times the diameter at breast height (DBH) away from any tree to be protected. o A 4 foot high, orange, UV-resistant, high-tensile strength, barricade fabric fence shall be installed to define the Tree Protection Zone and limit access. DurinQ Construction o The Tree Protection Zone will be inspected and maintained on a daily basis. o Trees shall be inspected on a weekly basis by a certified Arborist to evaluåte for construction trauma, as well as for secondary pest and disease concerns, and· irrigation needs. · o No construction equipment, supplies or debris will be allowed in the Tree Protection Zone. o Trenching or excavation within the Tree Protection Zone will not be allowed without consultation with certified Arborist and will require specialized equipment to perform proper root pruning. 2-5 ATTACHMENT A o Root pruning will be performed under the supervision of a certified Arborist and will be performed in ~uch a manner, and with equipment designed to cut through roots cleanly, so as not to tear roots. If roots greater than 2 inches in diameter are encountered during root pruning, they shall be traced back towards the tree using an air-spade and pruned by hand at a point specified by the Arborist. o Grade changes around trees shall be avoided. Excess soil and debris must be removed from site. . , Post-construction o Tree protection fencing shall be removed. o The following trees shall be fertilized based on specific needs as determined by soil analysis. Fertilization should include Mycorrhizae inoculation for mature trees, and should be applied using the sub-surface soil injection method. Trees # 1-25 (excluding 12 and 25) o Trees that have been affected by construction shall be pruned to remove any dead or damaged limbs. Any bark wounds shall be traced to promote wound closure. o Trees shall be inspected on a monthly basis by a certified Arborist to evaluate for construction trauma, as well as for secondary pest and disease concerns, and irrigation needs. The inspection period will extend for 6 months following completion of construction. 110 . . ATTACHMENT A ustomer: nTelos . 1150 Shenandoah Village Drive· Waynesboro, VA 22980 ~ CJtJ ~ fÞ f.> ~ GJ o . ~. tÎI . Þ 8..8 . . .. ~ / , 8\ · 0 .. 8\ Arrowhead Site Ii 2'1 APP .3M N & ATTACHMENT A " ATTACHMENT A r~ - .ð. ~-.t.l V...... :u Date: ''""7. 0 /0 . Application for Special Use Permit Please See the List at the bottom of page 4 for the Appropriate Fee (staffwill assist you with this item) Project Name (how should we refer to this application?): c"ÝLu 5 ~ Arr D U) heÞ.d_ - f\.fr E L05 AE\¡-¡ (....d+u...~"-:I ~ . ' , -r: ," . " I *Existing Use: I'd t c..O~YlfY1LIJ")I()J..;LJ{) Fác.-, Ii h t!.j Proposed Use: I e..I e-LDI1ù1'\Ll() (J.J·wn htc..; , '1-L( * Zoning DistricÚ'KA "RtifGtl11 æ.t.'l- Zoning Ordinance Section number requested: '0. a. a. (¡¿ (' staff will assist you with this item) Number ofacres to be covered by Special Use Permit (ifa portion it must be delineated on a plat): %0 6t;l.{ttre:. he.+ DYES ~ DYES ~ Is this an amendment to an existing Special Use Permit? Are you submitting a preliminary site plan with this application? Contact Person (Who should we call/write concerning this project?): ~e...b b; I!-- ~tL\ 5.~ Address ti. L í. City~State~ZiP '~~qf() Daytime Phone (5WJ) q4~ -I ~ 5" J' Fax # .5t/ð -. CJ3J .Þ ~i~ail bal Sir d..@"kJ D.s . '(J)m, Qwn"oll"',onl T E:.. Y{bocL . Address 3~,~ J)()ù~r "Kd. cit!htJ.rJtJlÌ¿'5Ù; JlL State VA Zip ªa.9ð/ DaytimePhone~ q73 -~ 757 Fax# 'flt3'-&757 E-mail N/4 d..ba.. Applicant (Who is the Contact person representing? Who is requesting the rezoning?): ~ìt)Úl ï'b A' I iÛf\é..l,' L. L. ÍI Nr£t..D.S" Address 1i5ð j,eno.t'\(Lj(\h Ý; 1/4<1 ":Dr. City "W':"i\t5bDíD State VA Zip alC}'jD . 0 ~O- ~ . Daytime Phone (510) q4Ú1-/~51 Fax # Q3.1-ci:J./D E-mail tktl.'Sird@.nkJt6. C»nL Tax map and parcel: D ~\'" ô Ô .- 0 0 .. 00 ". 0 J..L; 00 Physical Street Address (if assigned): d~q 7 AroUJh¿l.t¿L -v;.,) I~ l\d. Location of property (landmarks, intersections, or other): 6ö¡,,1.. ~ (fl. d ..s; k û f K + > a 1 a.J-. +t-L / (\ tlj.~ (' :h .') " b F 1<:k, a. (1 Q.- -74-5' Does the owner of this property own (or have any ownership interest in) any abutting property? If yes, please list those tax map and parcel numbers Receipt # 7·!t /:)7 By: ZMAs & Proffers: cjv D YELsetterDof ANuOthOrization .' jU L Concurrent review of Site Development Plan? '-f\ r- County of Albemarle Department of Building Code & Zoning Services 401 McIntire Road Charlottesville, V A 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 . 12/1/02 Page 1 of 4 ~ ATTACHMENT A . 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 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." The items that 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 you request. If you need assistance filling out these items, staff is available. What is the Comprehensive Plan designation for this property? "'"1<, U 1'" cL I How will the proposed special use affect adjacent property? ,-~-P A ì~e..r.,L. All aclJ.. cL How will the proposed special use affect the character of the district(s) surrounding the property? ~ A#-ttc.J..~_d_ . How is the use in hannony with the purpose and intent of the Zoning Ordinance? .6u A~~J How is the use in hannony with the uses permitted by right in the district? ~ . A W-ttc..kcL What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? ~')lt... A JttLc.J_t d. How will this use promote the public health, safety, and general welfare of the community? ~. AHa~L . 12/1/02 Page 2 of 4 '3{ ATTACHMENT A Describe your request in detail and include all pertinent information such as the number of persons involved in the use, operating hours, and any unique features of the use: ~ u_ A±htC-LLd. ATTACHMENTS REQUIRED - provide two (2) copies of each ~. Recorded plat or boundary survey of the property requested for the rezoning. Ifthere 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. :D ß l? f? D f>Ç- . t.J-~ I Note: If you are requesting a rezoning for a portion of the property, it ne~ás to be described or d~tion on a copy öfthe plat or surveyed drawing. ~ 2. Ownership information - If ownership ofthe 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. OPT)9NAL ATTACHMENTS: ~ /' Drawings or conceptual plans, if any. ~ 4. Additional Information, if any. Owner/Applicant Must Read and Sign 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 on this application and accompanying information is accurate, true, and correct to the best öf my knowledge. ~~~~.76~ Signature of Owner, Contract Purchaser~ :D 1 . ~I --:"") ) " ,. e..)lJ ý å I........ 0). .J) ,,_ :2.e... V Print Name 7 hut ù~ I I Date ·,,5<JD ·9<f0z -I ~.5 J Daytime phone number'ofSignatory 12/1/02 Page 3 of 4 '~'2- ATTACHMENT A . Application for Special Use Permit CV652 Arrowhead -Vir!.!inia PCS Alliance. L.C. d/b/a "NTELOS" How will the proposed special use affect adjacent property? The proposed special use will not affect the adjacent property. The proposed telecommunications facility will replace an existing telecommunications facility that was approved under special use pennit by the Board of Supervisors in 1998. Because installation of the proposed facility will not require the removal of any large trees or the construction of a long access road, there will not be significant physical disturbance to the subject property or adjacent properties. There are already two (2) existing telecommunication facilities on this property owned and operated by NTELOS and SunCom. The proposed special use pennit is for the purpose of relocating one of those two (2) facilities to a new location behind the existing SunCom facility on the same property. If approved, the existing NTELOS faGility will be completely removed from the property. The proposed facility will be minimally visible from adjacent property, and will therefore not have an adverse impact on adjacent property. How will the proposed special use affect the character of the district(s) surrounding the property? . The proposed facility is consistent with the existing development on the property and within the area, because it will be only minimally visible from adjacent properties, will not generate additional traffic or development, and preserves the character ofthe area. The proposed facility will be located within a heavily wooded area that is accessed from Route 745 by an existing driveway and existing access road serving the NTELOS and SunCom facilities. As a result, the facility will be nearly entirely obscured from surrounding properties. Therefore, the character of the district surrounding the property will not be affected. How is the use in harmony with the purpose and intent of the Zoning Ordinance? The proposed facility is consistent with the County's preference for monopole structures, which extend slightly above the treetops as discussed in the County's wireless design manual. In addition, wireless telecommunications services provide a public service to the community by creating a "convenient, attractive and harmonious community", consistent with the intent ofthe Zoning Ordinance. How is the use in harmony with the uses permitted by right in the district? The proposed facility will not restrict the current uses or other by-right uses available at this property or by-right uses on any other property. What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? . 3'3 ATTACHMENT A Application for Special Use Permit CV652 Arrowhead Page 2 Section 30.6 Entrance Corridor Overlay District. The property in question contains 71.340 acres and is located within an Entrance Corridor Overlay District. Only a small portion (approximately one acre or less) of this property ITonts along Route 29/Entrance Corridor. This small portion of the property is separated ITom the remainder of the property, where the proposed facility will be located, by the railroad line. The proposed facility will be located more than 500' plus back from Route 29 and will be located within a heavily wooded area. Section 5.1.12, which relates to public utility structures and uses. How will this use promote the public health, safety, and general welfare of the community? The proposed facility will provide improved wireless telecommunications services to Albemarle County, especially emergency communications, and will increase overall communication services. Describe your request in detail and include all pertinent information such as the number of persons involved in the use, operating hours, and any unique features of the use: NTELOS requests a special use pennit to construct a new treetop personal wireless telecommunications facility which will include a self-supporting steel monopole with a top elevation ten (10) feet above the tallest tree within a twenty-five (25) foot radius. The monopole will be equipped with two (2) flush mounted panel antennas and a lightning rod. Ground equipment cabinets will be located on a 10' x 16' concrete pad within a 400 square foot (20' x 20') lease area. The existing driveway and access road will be utilized to serve the proposed facility. Only a small extension to the existing access road will be required to serve this facility. This will be an unmanned facility with monthly visits by an NTELOS Operations Technician for inspection/maintenance. There currently exist two (2) telecommunication facilities owned and operated by SunCom and NTELOS on this property. The proposed facility will replace the existing NTELOS facility. Once the new facility is constructed, the existing facility will be completely removed ITom the property.h '3+ N 47 é? Countv Parcels Wed Nov 03, 10:00:55, 2004 ATTACHMENT B ,.., '( "' '" L ap: County Parcels Sc~le 1: 12736 Leqend: 6'.9<::5;& County Parcels 2003 ~ '" "'. County Parcels 2003 2003 Parcel Labels Place Names <%>'<0-'" Txt Road Names II Roads SDP 04-095 WOOD. T.E. (NTELOS/ARROWHEAD) _ TIER II PWF <96:"') <>:l?..$' a» ~<o "" s¡;"f < CityView™ County of Albemarle . co . ¡ Oct 12:35: 18, 2004 1 2003 Parcel Labels Txt Road Names Roads !mg OJ . . ATTACHMENT C ALBEMARLE COUNTY CODE stormwater management improvements; the location and visibility of the site; and other physical features of the property. b. The applicant shall demonstrate that he has made a determined effort to reduce reliance on single occupancy vehicle use by putting in place incentives and/or employee programs to encourage alternatives to single occupancy vehicles. Where public transit reasonably could be made available, the applicant should demonstrate that efforts have been made to coordinate routes and times with the public transportation service and the workforce hours. c. The parking lot shall be located, designed and constructed to reduce or eliminate significant visual impacts from all public streets, private roads and adjacent properties, and to reduce or eliminate other significant impacts to adjacent properties resulting from vehicular noise, dust, artificial lighting, glare, runoff, degradation of water quality and other similar disturbances. d. The applicant shall submit a conceptual plan or a site plan with his application for a special use permit. The plan shall show the approximate location of the parking lot on the property, its dimensions, its access to a public street, its distance from the off-site parking to the industrial site, and shall identify how persons will be transported or will transport themselves from the off-site parking to the building or use. The plan shall also show all features of the parking lot, which will insure that the parking lot will not adversely change the character of, or significantly impact, the area surrounding the property on which the parking lot is proposed, and will impact to the least extent practicable the property on which the parking lot is proposed. The features which shall be shown on the conceptual plan or site plan, and which may be required as a condition of approval of a special use permit, include but are not limited to: 1. Visual or noise barriers such as earthen berms, the existing or planned terrain and/or vegetative screening; 2. Proposed construction elements, which shall include elements which will minimize noise, light pollution, dust, glare, and runoff and which will protect water quality and protect trees designated to be preserved and will result in no significant degradation to the environment; 3. A lighting plan which identifies the location and design of all outdoor light structures and fixtures, demonstrates that all outdoor lights comply with section 4.12.6.4 and demonstrates that all outdoor lights will be shielded in such a manner that all light emitted from the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane of the fixture; and 4. Changes proposed to the entrance and public road, including any necessary road-widening, or grading and removal oftrees to accommodate sight distance. e. The off-site parking and loading requirements set forth in section 4.12 shall apply to the off-site parking subject to this section, except as expressly provided otherwise therein. Sec. 5.1.40 PERSONAL WIRELESS SERVICE FACILITIES (Amended 10-13-04) The purpose of this section 5.1.40 is to implement the personal wireless service facilities policy, adopted as part of the comprehensive plan. Each personal wireless service facility (hereinafter "facility") shall be subject to following, as applicable: . 18-5-21 Zoning Supplement #30, 10-13-04 17 ATTACHMENT C ALBEMARLE COUNTY CODE a. Application for approval: Each request for approval of a facility shall include the following infonnation: 1. A completed application fonn, signed by the parcel owner, the parcel owner's agent or the contract purchaser, and the proposed facility's owner. If the owner's agent signs the application, he shall also submit written evidence of the existence and scope of the agency. If the contract purchaser signs the application, he shall also submit the owner's written consent to the application. 2. A recorded plat or recorded boundary survey of the parcel on which the facility will be located; provided, if neither a recorded plat nor boundary survey exists, a copy of the legal description of the parcel and the Albemarle County Circuit Court deed book and page number. 3. The identity of the owner of the parcel and, if the owner is other than a real person, the complete legal name of the entity, a description of the type of entity, and written documentation that the person signing on behalf of the entity is authorized to do so. 4. Except where the facility will be located entirely within an existing structure, a scaled plan and a scaled elevation view and other supporting drawings, calculations, and other documentation required by the agent, signed and sealed by an appropriate licensed professional. The plans and supporting drawings, calculations and documentation shall show: (a) The location and dimensions of all existing and proposed improvements on the parcel including access roads and structures, the location and dimensions of significant natural features, and the maximum height above ground of the facility (also identified in height above sea level). (b) The benchmarks and datum used for elevations. The datum shall coincide with the Virginia State Plane Coordinate System, South Zone, North American Datum of 1983 (NAD83), United States Survey Feet North American Vertical Datum of 1988 (NA VD88), and the benchmarks shall be acceptable to the county engineer. (c) The design of the facility, including the specific type of support structure and the design, type, location, size, height and configuration of all existing and proposed antennas and other equipment. (d) Identification of each paint color on the facility, by manufacturer color name and color number. A paint chip or sample shall be provided for each color. (e) Except where the facility would be attached to an existing structure, the topography within two thousand (2,000) feet of the proposed facility, in contour intervals not to exceed ten (10) feet for all lands within Albemarle County and, in contour intervals shown on United States Geological Survey topographic survey maps or the best topographic data available, for lands not within Albemarle County. (f) The height, caliper and species of all trees where the dripline is located within fifty (50) feet of the facility that are relied upon to establish the proposed height andlor screening of the monopole. All trees that will be adversely impacted or removed during installation or maintenance of the facility shall be noted, regardless of their distances to the facility. (g) All existing and proposed setbacks, parking, fencing and landscaping. (h) The location of all existing accessways and the location and design of all proposed accessways. 18-5-22 Zoning Supplement #30, 10-13-04 '?>8 ATTACHMENT C ALBEMARLE COUNTY CODE . (i) Except where the facility would be attached to an existing structure, residential and commercial structures, and residential and rural areas zoning district boundaries. U) If the proposed tower will be taller than one hundred fifty (150) feet, the proximity ofthe facility to commercial and private airports. 5. Photographs, where possible, or perspective drawings of the facility site and all existing facilities within two hundred (200) feet of the site, if any, and the area surrounding the site. 6. For any proposed monopole or tower, photographs taken of a balloon test, which shall be conducted as follows: (a) The applicant shall contact the agent within ten (10) days after the date the application was submitted to schedule a date and time when the balloon test will be conducted. The test shall be conducted within forty (40) days after the date the application was submitted, and the applicant shall provide the agent with at least seven (7) days prior notice; provided that this deadline may be extended due to inclement weather or by the agreement of the applicant and the agent. (b) Prior to the balloon test, the locations of the access road, the lease area, the tower site, the reference tree and the tallest tree within twenty five (25) feet of the proposed monopole shall be surveyed and staked or flagged in the field. ( c) The test shall consist of raising one or more balloons from the site to a height equal to the proposed facility. (d) The balloons shall be of a color or material that provides maximum visibility. . (e) The photographs of the balloon test shall be taken from the nearest residence and from appropriate locations on abutting properties, along each publicly used road from which the balloon is visible, and other properties and locations as deemed appropriate by the agent. The applicant shall identify the camera type, film size, and focal length of the lens for each photograph. 7. If antennas are proposed to be added to an existing structure, all existing antennas and other equipment on the structure, as well as all ground equipment, shall be identified by owner, type and size. The method(s) by which the antennas will be attached to the mounting structure shall be depicted. 8. If the proposed facility would be located on lands subject to a conservation easement or an open space easement, a copy of the recorded deed of easement and the express written consent of all easement holders to the proposed facility. b. Exemption from regulations otherwise applicable: Except as otherwise exempted in this paragraph, each facility shall be subject to all applicable regulations in this chapter. 1. Notwithstanding section 4.2.3.1 of this chapter, a facility may be located in an area on a lot or parcel other than a building site. . 2. Notwithstanding section 4.10.3.1(b) of this chapter, the agent may authorize a facility to be located closer in distance than the height of the tower or other mounting structure to any lot line if the applicant obtains an easement or other recordable document showing agreement between the lot owners, acceptable to the county attorney addressing development on the part of the abutting parcel sharing the common lot line that is within the facility's fall zone (e,g., the setback of an eighty (80) foot-tall facility could be reduced to thirty (30) feet if an easeme,nt is established prohibiting development on the 18-5-22.1 Zoning Supplement #30, 10-13-04 '3Q ATTACHMENT C ALBEMARLE COUNTY CODE abutting lot within a fifty (50) foot fall zone). If the right-of-way for a public street is within the fall zone, the Virginia Department of Transportation shall be included in the staff review, in lieu of recording an easement or other document. 3. The area and bulk regulations or minimum yard requirements of the zoning district in which the facility will be located shall not apply. 4. Notwithstanding section 4.11 ofthis chapter, a facility may be located in a required yard. 5. Notwithstanding section 32.2 of this chapter, a site plan shall not be required for a facility, but the facility shall be subject to the requirements of section 32 and the applicant shall submit all schematics, plans, calculations, drawings and other information required by the agent to determine whether the facility complies with section 32. In making this determination, the agent may impose reasonable conditions authorized by section 32 in order to assure compliance. c. Tier I facilities. Each Tier I facility may be established upon approval of an application satisfying the requirements of subsection 5.1.40(a) by the agent, demonstrating that the facility will be installed and operated in compliance with all applicable provisions of this chapter, satisfying all conditions of the architectural review board, and meeting the following conditions: 1. The facility shall comply with subsection 5 .1.40(b). 2. The facility shall be designed, constructed and maintained as follows: (i) guy wires shall not be permitted; (ii) outdoor lighting for the facility shall be permitted only during maintenance periods; regardless of the lumens emitted, each outdoor luminaire shall be fully shielded as required by section 4.17 of this chapter; (iii) any equipment cabinet not located within the existing structure shall be screened from all lot lines either by terrain, existing structures, existing vegetation, or by added vegetation approved by the county's landscape planner; (iv) a whip antenna less than six (6) inches in diameter may exceed the height of the existing structure; (v) a grounding rod, whose height shall not exceed two (2) feet and whose width shall not exceed one (1) inch in diameter at the base and tapering to a point, may be installed at the top of facility or the structure; and (vi) within one month after the completion of the installation of the facility, the applicant shall provide a statement to the agent certifying that the height of all components of the facility complies with this regulation. 3. Equipment shall be attached to the exterior of a structure only as follows: (i) the total number of arrays of antennas attached to the existing structure shall not exceed three (3), and each antenna proposed to be attached under the pending application shall not exceed the size shown on the application, which size shall not exceed one thousand one hundred fifty two (1152) square inches; (ii) no antenna shall project from the structure beyond the minimum required by the mounting equipment, and in no case shall any point on the face of an antenna project more than twelve (12) inches from the existing structure; and (iii) each antenna and associated equipment shall be a color that matches the existing structure. For purposes of this section, all types of antennas and dishes regardless oftheir use shall be counted toward the limit of three arrays. 4. Prior to issuance of a building permit, the applicant shall submit a tree conservation plan prepared by a certified arborist. The plan shall be submitted to the agent for review and approval to assure that all applicable requirements have been satisfied. The plan shall specify tree protection methods and procedures, and identify all existing trees to be removed on the parcel for the installation, operation and maintenance of the facility. Except for the tree removal expressly authorized by the agent, the applicant shall not remove existing trees within the lease area or within one hundred (100) feet in all 18-5-22.2 Zoning Supplement #30, 10-13-04 40 ATTACHMENT C ALBEMARLE COUNTY CODE . directions surrounding the lease area of any part of the facility. In addition, the agent may identify additional trees or lands up to two hundred (200) feet from the lease area to be included in the plan. 5. The installation, operation and maintenance of the facility shall be conducted in accordance with the tree conservation plan. Dead and dying trees identified by the arborist's report may be removed if so noted on the tree conservation plan. If tree removal is later requested that was not approved by the agent when the tree conservation plan was approved, the applicant shall submit an amended plan. The agent may approve the amended plan if the proposed tree removal will not adversely affect the visibility of the facility from any location off of the parcel. The agent may impose reasonable conditions to assure that the purposes of this paragraph are achieved. 6. The facility shall be disassembled and removed from the site within ninety (90) days of the date its use for personal wireless service purposes is discontinued. If the agent determines at any time that surety is required to guarantee that the facility will be removed as required, the agent may require that the parcel owner or the owner of the facility submit a certified check, a bond with surety, or a letter of credit, in an amount sufficient for, and conditioned upon, the removal ofthe facility. The type and form of the surety guarantee shall be to the satisfaction of the agent and the county attorney. In determining whether surety should be required, the agent shall consider the following: (i) the annual report states that the tower or pole is no longer being used for personal wireless service facilities; (ii) the annual report was not filed; (iii) there is a change in technology that makes it likely that tower or pole will be unnecessary in the near future; (iv) the permittee fails to comply with applicable regulations or conditions; (v) the permittee fails to timely remove another tower or pole within the county; and (vi) whenever otherwise deemed necessary by the agent. . 7. The owner of the facility shall submit a report to the agent by no earlier than Mayor and no later than July 1 of each year. The report shall identify each user of the existing structure, and include a drawing, photograph or other illustration identifying which equipment is owned and/or operated by each personal wireless service provider. Multiple users on a single tower or other mounting structure may submit a single report, provided that the report includes a statement signed by a representative from each user acquiescing in the report. 8. No slopes associated with the installation of the facility 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. 9. Any equipment cabinet not located within an existing building shall be fenced only with the approval of the agent upon finding that the fence: (i) would protect the facility from trespass in areas of high volumes of vehicular or pedestrian traffic or, in the rural areas, to protect the facility from livestock or wildlife; (ii) would not be detrimental to the character of the area; and (iii) would not be detrimental to the public health, safety or general welfare. . d. Tier 11 facilities. Each Tier II facility may be established upon commission approval of an application satisfying the requirements of subsection 5.1.40(a) and demonstrating that the facility will be installed and operated in compliance with all applicable provisions of this chapter, criteria (1) through (8) below, and satisfying all conditions of the architectural review board. The commission shall act on each application within the time periods established in section 32.4.2.6. The commission shall approve each application, without conditions, once it determines that all of these requirements have been satisfied. If the commission denies an application, it shall identify which requirements were not satisfied and inform the applicant what needs to be done to satisfy each requirement. 18-5-22.3 Zoning Supplement #30, 10-13-04 41 ATTACHMENT C ALBEMARLE COUNTY CODE 1. The facility shall comply with subsection 5 .1.40(b) and subsection 5 .1.40( c )(2) through (9). 2. The site shall provide adequate opportunities for screening and the facility shall be sited to minimize its visibility fÌ"om adjacent parcels and streets, regardless of their distance fÌ"om the facility. If the facility would be visible fÌ"om a state scenic river or a national park or national forest, regardless of whether the site is adjacent thereto, the facility also shall be sited to minimize its visibility from such river, park or forest. If the facility would be located on lands subject to a conservation easement or an open space easement, or adjacent to a conservation easement or open space easement, the facility shall be sited so that it is not visible fÌ"om any resources specifically identified for protection in the deed of easement. 3. The facility shall not adversely impact resources identified in the county's open space plan. 4. The facility shall not be located so that it and three (3) or more existing or approved personal wireless service facilities would be within an area comprised of a circle centered anywhere on the ground having a radius of two hundred (200) feet. 5. The maximum base diameter of the monopole shall be thirty (30) inches and the maximum diameter at the top of the monopole shall be eighteen (18) inches. 6. The top of the monopole, measured in elevation above mean sea level, shall not exceed the height approved by the commission. The approved height shall not be more than seven (7) feet taller than the tallest tree within twenty-five (25) feet of the monopole, and shall include any base, foundation or grading that raises the pole above the pre-existing natural ground elevation; provided that the height approved by the commission may be up to ten (10) feet taller than the tallest tree if the owner of the facility demonstrates to the satisfaction of the commission that there is not a material difference in the visibility of the monopole at the proposed height, rather than at a height seven (7) feet taller than the tallest tree; and there is not a material difference in adverse impacts to resources identified in the county's open space plan caused by the monopole at the proposed height, rather than at a height seven (7) feet taller than the tallest tree. The applicant may appeal the commissioner's denial of a modification to the board of supervisors as provided in subsection 5.1040(d)(12). 7. Each wood monopole shall be a dark brown natural wood color; each metal or concrete monopole shall be painted a brown wood color to blend into the surrounding trees. The antennas, supporting brackets, and all other equipment attached to the monopole shall be a color that closely matches that of the monopole. The ground equipment, the ground equipment cabinet, and the concrete pad shall also be a color that closely matches that of the monopole, provided that the ground equipment and the concrete pad need not be of such a color if they are enclosed within or behind an approved structure, façade or fencing that: (i) is a color that closely matches that of the monopole; (ii) is consistent with the character of the area; and (iii) makes the ground equipment and concrete pad invisible at any time of year from any other parcel or a public or private street. 8. Each wood monopole shall be constructed so that all cables, wiring and similar attachments that run vertically from the ground equipment to the antennas are placed on the pole to face the interior of the property and away fÌ"om public view, as detennined by the agent. Metal monopoles shall be constructed so that vertical cables, wiring and similar attachments are contained within the monopole's structure. 9. The following shall be submitted with the building pennit application: (i) certification by a registered surveyor stating the height of the reference tree that is used to detennine the 18-5-2204 Zoning Supplement #30, 10-13-04 4'1.- ATTACHMENT C ALBEMARLE COUNTY CODE . pennissible height of the monopole; and (ii) a final revised set of plans for the construction of the facility. The agent shall review the surveyor's certificate and the plans to assure that all applicable requirements have been satisfied. 10. The following shall be submitted to the agent after installation of the monopole is completed and prior to issuance of a certificate of occupancy: (i) certification by a registered surveyor stating the height of the monopole, measured both in feet above ground level and in elevation above mean sea level, using the benchmarks or reference datum identified in the application; and (ii) certification stating that the lightning rod's height does not exceed two (2) feet above the top of the monopole and width does not exceed a diameter of one (1) inch. 11. Notice of the commission's consideration of an application for a Tier II facility shall be sent by the agent to the owner of each lot abutting the lot on which the proposed facility will be located. The notice shall describe the nature of the facility, its proposed location on the lot, its proposed height, the appropriate county office where the complete Tier II facility application may be viewed, and the date, time and location where the commission will consider the application. The notice shall be mailed by first class mail or hand delivered at least ten (10) days prior to the commission meeting. Mailed notice shall be mailed to the last known address of the owner, and mailing the notice to the address shown on the current real estate tax assessment records of the county shall be deemed compliance with this requirement. The failure of an owner to receive the notice as provided herein shall not affect the validity of an approved Tier II facility and shall not be the basis for an appeal. . 12. The board of supervisors may consider an application for a Tier II facility only upon an appeal of the denial of the application by the commission. An appeal shall be submitted in writing in the office of the agent within ten (10) calendar days after the date of the denial by the commission. In considering an appeal, the board may affinn, reverse, or modify in whole or in part, the decision of the commission, and its decision shall be based upon the requirements delineated in this subsection (d). 13. Upon the written request of the applicant, the agent may authorize the height of an existing Tier II facility's monopole to be increased above its originally approved height upon finding that the reference tree has grown to a height that is relative to the requested increase in height of the monopole. The application shall include a certified survey of the reference tree's new height, as well as the heights of other trees to be considered by the agent. The agent shall not grant such a request if the increase in height would cause the facility to be skylighted or would increase the extent to which it is skylighted. e. Tier III facilities. Each Tier III facility may be established upon approval of a special use pennit issued pursuant to section 31.2.4 of this chapter, initiated upon an application satisfying the requirements of subsection 5.1.40(a) and section 31.2.4, and it shall be installed and operated in compliance with all applicable provisions of this chapter and the following: 1. The facility shall comply with subsection 5.1.40(b), subsection 5.1.40(c)(2) through (9), and subsection 5.I.40(d)(2), (3), (6) and (7), unless modified by the board of supervisors during special use pennit review. 2. The facility shall comply with all conditions of approval of the special use pennit. (§ 5.1.40, Ord. 01-18(9),10-17-01; Ord. 04-18(2),10-13-04) . 18-5-22.5 Zoning Supplement #30, 10-13-04 1-~ ATTACHMENT D COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 September 16,2004 Debbie Balser 1150 Shendoah Village Drive Waynesboro, VA 22980 RE: ARB-2004-87: Wood (NTelos); Tax Map 88, Parcel 26 Dear Ms. Balser: The Albemarle County Architectural Review Board, at its meeting on September 7,2004, completed a preliminary review of the above-noted request. Regarding the Special Use Permit and Building Permit, the Board by a vote of 2 to 1, forwarded the following recommendation to the Planning Commission: The ARB expresses no objection to the special use permit, subject to the following conditions: 1. Indicate on the plan that no trees within 200' of the pole and equipment pad will be removed. 2. Revise grading to further reduce potential impacts to trees #27 and #30. 3. Identify the species and size of the tree west of the access road at contour 790'. 4. Show grading outside the dripline of all trees to remain. S. Include in the plan set a to-scale plan showing the location of all existing telecommunications facilities located on this property, together with the location of the proposed site. 6. Include a note on the plan indicating that the only illumination proposed is for temporary maintenance purposes. 7. Revise the notes to indicate that the pole, antennas, and cables will be painted flat brown. 8. Provide on the plan a to-scale diagram of the antennas indicating the antenna size. 9. Revise the antenna mounting notes to meet policy requirements for 12" distance from pole face to antenna face. 10. Show existing and proposed grading consistently throughout the plans. Please provide 2 copies of the revised drawings or other information addressing each of these conditions at your earliest convenience. Include a memo indicating how each condition has been satisfied. If changes other than those requested have been made, identify those changes in the memo also. When staff's review of this information indicates that all conditions of approval have been met, a Certificate of Appropriateness may be issued. If you have any questions concerning any of the above, please feel free to call me. ~~ Margaret Maliszewski Design Planner Cc: ARB file Stephen Waller +t E · · · E .... McGuireWoods LLP Court Square Building 310 Fourth Street N.E., Suite 300 P.O. Box 1288 Charlottesville, VA 22902-1288 Phone: 434.977.2500 Fax: 434.980.2222 .w.mcguirewoods.com Valerie W. Long Direct: 434.977.2545 McC~lj!REWa)DS vlong@mcguirewoods.com Direct Fax: 434.980.2265 November 30,2004 Members of the Board of Supervisors Albemarle County, Virginia 401 Mcintire Road Charlottesville, VA 22902 Re: SDP 04-095 Wood. T.E. (Ntelos/Arrowhead) Dear Members of the Board: . I am representing Ntelos, which proposed a personal wireless services facility on property owned by T.E. Wood located on Route 29 south, near the intersection of Arrowhead Valley Road. On November 9, the Planning Commission approved SPD 04-095 as the first personal wireless services facility considered under the new wireless ordinance the Board approved on October 13, 2004. While Ntelos was pleased that the facility was approved, it was disappointed that the Commission denied Ntelos' request that the facility be approved at a height ten feet above the top of the trees, as requested. Pursuant to the provisions of the new ordinance, Ntelos has respectfully elected to appeal this denial to the Board of Supervisors for its consideration on December 8. Section 5.1.40(d)(6) of the new wireless ordinance states that the top of the monopole may not be more than seven feet above the top of the tallest tree within twenty-five feet of the monopole, but that the Commission can nevertheless approve a facility up to ten feet above the tallest tree if the applicant demonstrates that there will be no material difference in the visibility of the monopole at that height rather than at seven feet above the tallest tree, and that there is not a material difference in adverse impacts to resources identified in the county's open space plan caused by the monopole at the proposed height. The staff report had already concluded that the facility would not have any adverse impacts to resources identified in the county's open space plan, and the Commission did not disagree with this conclusion. The issue is therefor whether there is a material difference in the visibility of the pole at ten feet above the tallest tree rather than seven feet above. Merriam Webster's Collegiate Dictionary (10th Ed.) defines material as "having real importance or great consequences." Prior to the Planning Commission hearing Ntelos submitted evidence in the form of photosimulations demonstrating that there is no material difference in the visibility of the facility at ten feet above versus seven feet above. The photosimulations demonstrate . . . . November 30,2004 Page 2 that given the existence of a wooded backdrop of trees behind the facility from all vantage points, the difference in three feet of height between what was proposed and what was approved does not create a difference in visibility that has "real importance or great consequences." Thus, there is no material difference in visibility. This conclusion is strengthened by the fact that the facility is located over 1140 feet from the pavement of Route 29 at its closest point. So when viewed with the naked eye, the difference in visibility of the facility at the proposed height versus at seven feet above the tallest tree, may barely even be noticeable, much less be material. The photosimulations were made using balloon test photographs taken using a zoom lens. For your reference I have included copies of the photosimulations that were provided to the Commission. The proposed facility would entirely replace an existing Ntelos facility on the same parcel that was approved and constructed in 1998, but that no longer functions adequately. The facility was sited at too low of an elevation for the surrounding topography and vegetation, and with the growth of the surrounding trees over the past six years, now causes dropped calls along Route 29 in nearly every instance. Ntelos has determined that relocating the facility to a higher elevation is the only feasible option to ensure quality service for its customers, and wants to ensure that the new facility will function well. The difference in the quality of service from a facility that is seven feet above the tallest tree versus ten feet above the tallest tree is significant. With the "tree- top" design facility, every extra foot of distance between the bottoms of the panel antennas and the tops of the trees means less signal interference, and better coverage. Given that the expected visibility between the facility at ten feet above versus seven feet above will not be material, I am hopeful the Board will agree that Ntelos has met the standard in Section 5.1.40(d)(6) that warrants the Board's approval of the facility at the proposed height of ten feet above the tallest tree. I sincerely appreciate your thoughtful consideration of this request, and would be pleased to address any questions or comments you may have regarding this matter. If I can be of assistance in any way, please feel free to contact me at my office at 977-2545 or at home at 293-8407. Sincerely, VttiwL w, 'Þ-Q Valerie W. Long Enclosures cc: Debbie Balser, Ntelos \\REA\241416.1 ø# - ~ :¡¡:: l ..... y¡ ~ c: o £! II:! ro BAR T LET T atlachfhev¡-f-lIjq/öv p[Y¡I1(.J~J 54.b~D'1 b'1 V~ Cd¥) -::¡:l jp rJ \·dtb I {\Ÿr {þ ~ TRE E EXP E RTS 1185 FIVR SPRINGS ROAD, CHARLOTTESVILLE, VA 22902-8785 . (434) 971-3020 . FAX (434) 971-1331 11/8/04 Debbie Balser Site Acquisition Manager nTelos 1150 Shenandoah Village Drive. Waynesboro , VA. 22980 ' Dear Mrs. Salser, Enclosed you will find an expected growth forecast for the proposed project entitled "'T.E. Wood Property (CV652)". After inspecting the. site and taking into account the soil type, aspect, drainage and the mix and Qge of tree species I can make reasonable predictions about the growth rate of trees on the site. Also enclosed is a soil sample that my condusions are based on. ". t.~:;·~¡:.;.... :~"".:~:'.:;'Þ' r Wiutd'èj(pêt' 2-3' of vertical growth per year on average. The site is of moderate to high quality from a soil perspective and the species that grow there art,·medil.fhffofast in growth rate. The key' components of pH, soil Nitrogen, Organic matter and CEC (nutrient retention capacity) are all in a good range. for rapid tree growth, ];t should be noted that the trees might grow more slowly in drier yéars:(1-2') . MoSt óf the trees on site'are'relath1ety yoúngand will continue to grow rapidly if condìrionsallow for the foreseeable-'future. (20'-30 years) The maximum height potêhtrof 1fÒrf::fhe tre~s js:as high' QS :120·150'.· Of courSe as the trees age and the stdnd ·r;iêf.&FWè$,' vertical growth wHl ~Iow. but that time has not yet arrived for':, most 'öf,thwftrees on site; Sint~rey;'( '- Mitñae;1 Abbott I'SI\Certìfjed Arborist MS in Fo'restry THE F.A. BARTLETT TREE EXPERT COMPANY , ., ' SCIENTIFIC TREE CARE SINCE 1907 r., \. <'. '-; .... '.r , ,.' ..... .", ,_ L' .:" . Corporat!: orfice: P.O. Box 3067, SI:lmford, Co~nec;lC\H 06905-0067 . (203) 323-113], FAX (203) 323-1129 "1. ',~.' '.~ :-.1" .. "., ~~'..:"~". iW"OI.w:ba.rt]ctr..com . I,. . . , , . :~ ",'.':', '.' ,".. · ~ ..RTLETT Y Client Copy Soil Analysis Report Bartlett Tree Research Laboratories NTELOS Bartlett Arborist: Michael Abbott Plant Species: Various. Location: Fertilization Goal: Maintain Vitality Address: Arrowhead Results Soil pH Nitrogen (ENR Ibs/ A) Phosphorus (P ppm) Potassium (K ppm) M~esium (Mg ppm) Calcium (Ca ppm) Acceptable Ideal pH range for Various: S.S to 6.S Iron (Fe ppm) 16.0 Manganese (Mn ppm) 27.0 Copper (Cu ppm) 0.2 Zinc (Zn ppm) 29.3 5.6 137 6 216 191 950 Very Low Very High High Low Sample ID: MASO Lab #: 9403 October 29,2004 High High Low V cry High Soil Organic Matter (% br. wei2ht) 5.3 Medium Nutrient Retention CapacIty (ŒC meq) 13.3 High Recommendations PrescriDtion Fertilization Pounds or O'\!lons nCf 1000 sa. ft. Ka or Liter! nCf 100 sa. m Nitrogen 30 . 0 . 0 gallons 38 - 0 - 0 pounds Phosphorus o - 30 - 0 gallons Potassium o ~ 0 - 52 pounds 53>'Psum pounds Lme · pounds Sulfur · pounds Magnesium pounds Iron chelate gallons Manganese gallons 0.7 5.0 1.0 0.0 100.0 0.0 0.0 0.0 0.0 0.0 Natural Fertilizer . Milorganite 6 - 2 - 0 pOWlds Mulch or incomorate orl2aruc matter: As Needed .omJIH:aÞ: 40 2.7 2.4 4.1 0.0 48,0 0.0 0.0 0.0 0.0 .. 0.0 ;.~ 19 &~ indio:.t\:$, potentiJllloxlclly hldlellta II ddldell~Y · maximum . iÇlticm Iîmatoœ ~o lbs, suI1\Ir , 11111 on turf or 2~ pounds on mulch per 1000 sq ft Cula R. Bums McG}lireWoods llP , Court Square Building 310 rOllfth Stret'! N.E., Suite 300 PO. Box 1288 Charlotte,,;lle. VA 22902-1288 Phone: ·134.9ìï.2500 Fax: 434'JRO.2222 .vw.mcguirc\\ Gods.com Vall'rie W. Long IV\CG U ¡ REVVCDDS Direct: ·13·1',77.2545 \-' 10 ng (£i" mcg u i rc\\'ouds. c om Direct Fax: -13·1.980.2205 DE:cember 8, 2004 Via Hand Delivery Larry W. Davis, Esquire Albemarle County Attorney 401 Mcintire Road - Room 325 Charlottesville, VA 22902 Re: Boar's Head Sports Club Rezoninq (ZMA 2004-015) Dear Larry: Enclosed for your reference are the original signed and notarized proffers in connection with ZMA 2004-015 Boar's Head Sports Club, which goes to the Board of Supervisors at tonight's hearing. Please contact me at 977-2545 should you require anything further. Sincerely, --J ~~ '->--.J . èÁ ~ \ ~ Valerie W. Long cc: Bruce B. Stouffer ':REA :.24:S()2.1 ~,-:)..:-: ~.. '0. : £I,S I_',? ~-, 7 BOAR'S HEAD SPORTS CLUH Z.\¡L4. 2004-0015 PROFFER ST¡\TE~fENT The following parcels are subject to rezoning application z..\1A 2004-0015 and thus to this proffer state:nent: tax map parcel 059D2-01-00-01500 and the portion of tax ¡:1ap parcel 07500-00-00-06300 shown as Parcel "X" containing 1.774 acres, on a proposed subdivision plat prepared by Thomas B. Linco]n Land Surveyor, Inc. entitled "Subòivision P]at Showing Parcel "X" - - Being a Portion of Ta;"{ Map 75 Parcel 63 Hereby Added to and Becoming a Portion of Tax Map 59D(2) Parcell-IS, Samuel Miller District, Albemarle County, Virginia," which subdivision plat is dated November 16,2004, and is attached hereto as Exhibit A (col1ectively, the "Property"). The Applicant is university of Virginia Host Properties, Inc. The owner of tax. map parcel 059D2-0 1-00-0 1500 is University of Virginia Host Properties, Inc. The owner of tax map parcel 07500-00-00-06300 is the university of Virginia Foundation. For purposes of this proffer statement, University of Virginia Host Properties, Inc., and the University of Virginia Foundation arc herein collectively referred to as the "Owner." The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to rezone the portion of tax map parcel 059D2-01-00-01500 that is zoned R-l Residential to Highway Commercial, and the portion of tax map parcel 07500-00-00-06300 shü\'m as Parcel "X" containing 1.774 acres on Exhibit A from R-l Residential to Highway Commercial as requested, the Owner and its successors and assigns shall develop the Property in accord with the following proffers pursuant to Section 15.2-2298 of the Code of Virginia, 1950, as amended, and pursuant to Section 33.3 of the Albemarle County Zoning Ordinance. These conditions are voluntarily proffered as part of thc requested rezoning, and the Owner ackno\vledges that (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested. In the event the request is denied the proffers shan immediately be null and void and of no further force or effect. If the zoning is granted, these proffers and conditions wi 11 supersede all proffers now existing on the Property. 1. Development of the Property shall be in general accord with the plan entitled "Boar's Head Sports Club Conceptual Plan" prepared by the University of Virginia Foundation, dated November 22,2004, containing two (2) pages, and attached hereto as Exhihit B (the "Development Plan"). The Development Plan shall not be construed to prohibit the realignment of the 14 existing outdoor tennis courts, subject to existing provisions of the Albemarle County zoning ordinance, provided that the courts remain in the area marked" I 4 Existi ng Outdoor Courts" shown on the Development Plan. The O\vner will break up the massing of the proposed improvements by di viding them into '" ·C ~'.-~)~: .,. C":",'\,1; L',",~;:"': ; 9~, ~: ' , ::.~ ~, '7 '" .0, . C multiple segments and/or structures (or creating the appearance of multiple segments and/or structures with a terraced roof line) and then locating tbe different segments and/or structures at various final elevation levels, all as reasonably possible given the Prop~rty's site constraints and applicable regulations and ordinances. Unless specifically referenced 0;1 the Development Plan, or otherv:ise referenced in this proffer statement, an other plans and illustrmions submitted as part of the Owner's rezoning materials shal1 be deemed illustrative only, and such plans and illustrations shaH not be deemed proffers. The Owner reserves the right to develop the Property in phases, as shown on the Development Plan. 2. Within the Property, only the foJJO\ving uses shall be pcnnitted by right, subject always to the express tems of this proÎfer statement: a) Pursuant to subsection 24.2.1 of Section 24, HC highway commercial zoning district, of the Albemar1c County Zoning Ordinance, as those regulations exist on Decembcr 8, 2004, as set forth below: Section 24.2.1 numbers 6, 20, 35, 36,37, 41,42,44, and 45. b) Pursuant to subsection 22.2. I of Section 22, C-l Commercial zoning district, of the Albemar1e County Zoning Ordinance, as those regulations exist on December 8,2004, as set forth below: Section 22.2.1 numbers bA, b.8, b.17, b.18, b.19, b.24, b.26, and b.27. The by-right uses of the Property that are perrnitted pursuant to sections 24.2.1 and 22.2.1 and pursuant to this Proffer Statement are shown below without strikethrough. Uses which wi1l not be permitted on the Property (subject always to the express terms of this proffer statement) have been indicated by strikethrough. Any usc classifications added to sections 24.2.1 and 22.2.1 aftcr December 8, 2004 shall be uses which shall not be permitted on the Property. 24.2.1 BY RIGHT The fol1owing uses shall bc pennitred in any H-C district subject to the requirements and limÜations of these regulations. The zoning administrator, after consultation with the director of planning and other appropriate officials, may pennit as a use by right, a use not specifically pennitted; provided that such use shall be similar to uses permitted hy right in general character and more specifically, similar in terms of locational requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as gencral1y provided in section 34.0. 1. .^.utomohile bundrics. 2. :\utomobile, truck repair shops. 3. ..\utomobile service statior:s (reference 5.1.'10). 1. Buildin; materials s::ì1cs. 5. Churches, .::cmetcries. 2 - :',-:)..l; :~~:'C":'.\1;l.\':::':"': °1. 25. 26. 27. 23. 29. 30. 31. "'ì .)-. 33. 3/1. 35. 36. 37. .. .,' ; Çi ,L;, ~'_ ~_) ~ !--, 7 6. 7. 8. 9. 10. 11. 1 ""'\. 13. 1'1. 15. 16. Clubs, lodges, civic, fratemal, patriotic (reference 5.1.2). Convenience s~orcs. Educational, technical and tradc schools. Factory outlet sales clothing W'Jd fJ.Jric. Feed and seed stores (refereace 5.1.2·-'). Financial InsUutions. Fire extin;uisher and security products, sales and seryicc. Fire and rescue squad stations (reference 5.1.09). r:l.:ncrJI homes. Fumiture store~. Food ar.d ;roccf)' stores includin; suÒ specialt)' shops as b¡:l~ry, candy, milk dispensary ood 'Nine and cheese shops. Home and business services such as ;rounds c~e, c1e:l:1ing, exterminator:;, landscaping and othcr repair and maintenance services. IIardv,'arc. (Repealed 6 3 81). Hotels, motels and inns. Li.;ht w:lrehousing. ~lachincry and equipment sales, service and renta1. .'-labile home and trailer sales and service. ~.1odular building saJe.s., M.otor ',';)hiclc sales, service and rCfltal. ~ew automoti ve parts sales. :."¡ewspaper publishir.¡;. .^~dministratiYe, business and prof;::ssional offices. Office and business mrrchine sales ar.d SerY1ce. Eating establishment; fast food restaUr&Rts. Retail nurseries and greenhouses. S:llc of major .æcfcationnl equipment and ·,'chicles. Wayside stands '/c;;ctable and agricultural produce (reference 5.1.19). \VhoJcsalo distribution. Electric, gas, oil and communication facilities excJuding 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 confomlance with Chapter 16 of the Code of Albemarle and all other applicahle Jaw. (Amended 5-12-93). 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 se\ver transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Se\....er Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89). Temporary construction uses (reference 5.1.18). 17. IS. 19. 20. 21. 22. '}':! - '. " ..) -. "' .(; 1 "_ .:.,-._.~ _. I:~.::" '"1; t;\;'.~;;: . r,'-= ~. .:' !-, 7' 38. Indoor theJ.ter:;. 39. Heatin; oil s:lles a:1d distribution (r~ference 5.1.20). ,10. Temporary nonr~sjdential l:1obile homes (reference 5.8). (;\dded 3 5 86) 41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial, C-l. (Added 6-19-91; Amended 9-9-92) 42. Indoor athletic facilities. (Added 9-15-93) 13. [<(hiller'S market (rcf2rcnce 5.1.36). (;\dded 10 11 95) 44. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02) 45. Tier I and Tier II personal wireless services facilities (reference 5.1.40). (Added 10-13-04) 22.2.1 BY RIGHT The following uses shall be permitted in any C-I district, subject to the requirements and limitations of these regulations. The zoning administrator, after consultation 'with the director of planning and other appropdate officials, may pennit as a use by right, a use not specifically permitted; provided that such use shan be similar to uses pennitted by right in general character and more specifically, similar in tenns of loeational requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning administrator's decision shilll he as generally provided in section 34.0. a. The foIIowing retail sales and servicc establishments: 1. ;\ntiqu~, öift, jC\\'elry, notion and Gait shops. ., Clothin;, apparel and shoe shops. 3. DepJrtment store. 1. Dru.:; store, pharm~cy. 5. Florist. 6. Food and .;ro~ery s:or~s includin.; such specialty shops as bnkor)l, candy, milk dispensary and '.vine and cheese shops. Ferniture find home awliances (sales and service). Hardw:lre storc. \1us:cal instr-ImcnK 2'!ewsstands, ma;azines, pipe and tobacco shops. Optical ;oods. Photo~r:lphjc good:;. Visual and audio appliances. Spor:in:; ;;.Jods. Retail nurseries and ;reenhouses. '7 , . 8. 9. 10. 11. 1 :2. 13. 11. 15. b. The Co1lowing services and public establishments: 1. ¡\dministratiyc, profcssion:ll offices. '"'t Ikrber, beau:)' shops. 3. Churches, cemeleries. 4. Clubs, lodges, civic, fraternal, patIiotic (reference 5.1.02). 4 :;c ,() G-8~; 9:~C~~;l:~_~; ; :~ :;.;': 1'- n r, --~ 5. Fi:lO.ncial in:;titutiüns. 6. Fi:-e GIld rescue sq:.Hld ;,tations (reference 5.1.09). 7. FU:1eral horr:cs. 8. Health spas. 9. Indoor thea~ers. 10. L~1U:1drics, dry clc~mers. 11. Laundromat (provided that an a:tencbnt sha:! be on dt:ty at a11 hours durin; opcrarion). 1:2. Li.brL.1ries, museums. 12. ~rurscries, da)' care ¿cnters (reference 5.1.06). 1 '1. EJting estahlishments. 15. Tailor, seamstress. J 6. ;\utomobile service stations (refe:"en~c 5.1."10). 17. Electric, gas, oil and communi.cation facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facihties for distribution of local service and owned and operated by a public utility. Water distriburÎon and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. (Amended 5-2-93). 18. Public uses and buildings i.ncluding temporary or mobi1e 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 staLions and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-9). 19. Temporary construction uses (reference 5.1.1). 20. Dwcllir.;s (reference 5.1.21). ., I . Medi.c31 center. 22. .\utomobilc, truc1~ repair shop ex;:;luding body shop. (Added 6 3 81; amended 9 9 92) 23. T:mporary nonresiè.cntia] mobi]e homes (reference 5.8). (/\dded 3 5 86) 24. Indoor athletic facilities. (added 9-15-95) 25. Farmers' market (reference 5.1.36). (;\ddcd 10 11 95). 26. Stom1water management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02) 27. Tier I and Tier II pcrsoml wireless service facilities (reference 5.1.40). (Added 10-13-04) Kotwithstanding that the above-referenced uses \\'ill nOl be peIlTlitted on the Property, this proffer statement shaIl not be interpreted to prohibit uses accessory to a health spa 0;1 the Property, which accessory uses shall expressly include, but not be limited to the foJ1owing: indoor tennis courts, outdoor tennis courts, multi-sport courts, 5 c " :; ·C . '.' - ~', -~)...¡. ; : / c: 6..\1 ; t _ \' ,L'. ~ . '.."':; ,. t other recreational or fitness facilities, a restaurant, a snack bar, a "pro shop," administrative office space, and a child care facility. 3. Prior to the final approval of SDP 2004-00086, the Owner shall record the subdivision plat atUlched hereto as Exhibit A in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, to combine the portion of tax map parcel 07500-00-00- 06300 sho\1,/n on Exhibit A as Parcel "X" containing 1.774 acres, with tax map parcel 059D2-01-00-01500. 4. Prior to issuance of a certificate of occupancy for the first improvement proposed by SDP 2004-00086, the O\vner shall submit for approval by the Zoning Administrator an Event Management Plan to provide adequate parking for the publiç during periodic pubJic events at the Property, and further designed to avoid or min.imize public parking in adjacent and nearby residential areas during such public events. Such a plan sha1l include a commitment by the Owner to provide adequate event parking at the Birdwood Golf Course parking lot (with access to the Property eithcr by shuttle service or on foot along the golf course Ca11 paths, at the discretion of the Owner), the large field at the northwest comer of Ednam Drive and Boar's Head Point, and/or in other parking areas controlled by the Owner, each in the discretion of the Owner given the expected attendance at each particular event. Such a plan wi1l also provide for the use of shuttle services as necessary given the size and nature of a particular event, for the use of adequate signagc directing the public to permitted parking areas, and the use of appropriate personnel to direct the public to such pemitted parking areas and to discourage or prohibit public parking in adjacent and nearby residential areas. This proffer statement may be signed in two or more counterparts, each of which shall be deemed an Oliginal, and \vhich together shall constitute one and the same instmment. WIT~BS thc following signatures: UNlVE PROPE U:\TIVERSITY OF VIRGI~IA FOUNDATIO~ ....-- 1 "1M. ~.~ By: Tim R. Rose, Secretary & Chief Executive Officer 6 -;; "c :co, _ :)..:..: :- '; : :_' c ..." \.1 ; I., , ;.;. - ; ~~ ::.;, '--, ~:_ ~_., 7 "" ·C COMMONWEALTH ~ VIRGINIA CITY/COUNTY OF ~t-O , to wit: t~ The foregoing instrument was acknowledged before me this ~ day of December, 2004 by Robert G. Butcher, Jr. as President of University of Virginia Host Properties, Inc. My Commission expires: //~/ I C7S aøn/.~b; N~PUbliC \\\\\\\\\\\lIIIIIIHIIIIIIIIII ......",\\\ '"\. T J-¡ '1""" ~ to>..~ .......... (;.1:-, """ :$ ~'(- .., ...7':...... f "') ....;~W.ON~;···..~À \ ~ :: () "'?- .... ° % ª ~ OF":i ~ z ~ ~-z."'f, . ~ \. O/-··"-/,ifGINIÞ-..·.... j % ~ .... .......... ,0 ,,~ """ ft'y PUß'.; """ 111111/1 \\\\\\\\ 1""11111111\1\\" COMMO!\"WEALTH OF VIRGINIA CITY/COUNTY OF 41iu//(4~ wit: The foregoing instrument was acknowledged before me this zrð day of December, 2004 by Tim R. Rose, Secretary and Chief Executive Officer of the UniversÜy of Virginia Foundation. My Commission expires: ~ J~JðOf &~.¡. ~ Notary Public \\REA\23S%' .9 7 ., - :.,--""":" :, (; ~':..'A; tJ'v .;:.;:..: ; q,'-?7_ ~':"; f-, 7' Exhibit A (Subdivision plat of Tom Lincoln Land Surveyor, Inc. dated ~ovember 16, 2004 showing Parcel "X" containing 1.774 acres, a portion of tax map parcel 75-63 to be added to and combined \\lith tax map parcel 59D(2)-1-15 will be attached to the finaJ signed proffers) 8 ...,-. .. 1C ~', -~) ~ ; C ":'.~J1 ; Lv 6.... ; :~ ....:;. ~~' ~.:. ~, ~.. 1 ~'~ ,. . C Exhihit B (Development Plan will be attached to the final signed proffers) \iREA\235CJ61.9 9 " COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4035 December 2, 2004 Ms. Valerie Long McGuire Woods PO Box 1288 Charlottesville, VA 22902-1288 RE: ZMA-2004-15 Boars Head Inn and Sports Club (Signs #70, 71 & 72) - Tax Map 059D2, Section 1, Parcel 15 and Tax Map 75, Parcel 63 (part of) Dear Ms. Long: The Albemarle County Planning Commission, at its meeting on November 30, 2004, by a vote of (5:0) unanimously recommended approval of the above-noted petition to the Board of Supervisors with the proffers set forth in the staff report. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on December 8, 2004. 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 (434) 296-5823 ext. 3438. Sincerely, Susan Thomas, AICP Senior Planner Isct Cc: University of Virginia Host Properties Ella Carey Amelia McCulley Jack Kelsey File . . . STAFF PERSON: PLANNING COMMISSION DATE: BOARD OF SUPERVISORS DATE: SUSAN THOMAS, AICP NOVEMBER 30, 2004 DECEMBER 8, 2004 ZMA 2004-0015 BOAR'S HEAD INN AND SPORTS CLUB TENNIS FACILITIES Applicant's Proposal: The applicant is seeking to rezone approximately 10.6 acres from R-l Residential to HC, Commercial with proffers, to allow construction of up to 6 new indoor tennis courts at the Boar's Head Sports Club. (see Attachments C and H). If approved, a major site plan amendment will be requested. The existing sports club parcel has split zoning: the northern portion is zoned Highway Commercial (as is the Inn), and the southern portion is zoned R-l Residential (as is the golf course). The applicant will also seek approval to disturb critical slopes and allow activity within the buffer, with review of the site plan amendment. Petition for ZoninQ Map Amendment Request to rezone approximately 10.6 acres from R-l, Residential to HC, Highway Commercial, to allow new indoor and outdoor tennis courts with associated parking at the existing Boar's Head Inn & Sports Club. The property, described as Tax Map S9D2 Section 1 ParcellS and Tax Map 75 Parcel 63 (portion), is zoned R-l, Residential and HC, Highway Commercial. It is located on the south side ofIvy Road (Route 2S0 West), just west of the entrance to Ednam and south of the Boar's Head Inn, in the Samuel Miller Magisterial District. (see Attachments A and B) The Comprehensive Plan designates this property as Office Service and Institutional in Neighborhood 6. Character of the Area: The proposed expansion site is located at the southern edge of the Boar's Head Inn property, adjacent to and north of Hole Three of the Birdwood Golf Course. The sports club parcel is bordered to the east by the Ednam Village development and to the west, beyond a pond, by Ednam Forest. Access is via Ednam Drive and Berwick Court, internal private roadways that serve only the club. Applicant's Justification for the Request: For the past few years the University of Virginia tennis program has used the sports club facility for its winter activities, consisting primarily of practice with occasional invitational tournaments. (Regular season tournaments are held at the Schneider courts at Emmet and University.) The University use has lengthened wait times for sports club members, and the facility is not well designed for tournaments. Three of the existing courts are in the main building, with three more located in the "Bubble," which is a seasonal structure, noisy and limited in height. The addition of six additional courts (and three replaced courts) would accommodate both students and club players. At this time there is no pending request for more outdoor courts, although the applicant's concept plan indicates that possibility in the area west of the proposed parking lot. Recommendation: Staff recommends approval, with proffers. Staff believes that the additional indoor courts and parking area can be accommodated on the site without adverse impacts to the club, neighborhood or general public. The applicant has proposed proffers to address pennitted accessory uses, 1 building massing and roofline design, adjustment of parcel boundaries, and event parking management. ZoninCl and Subdivision History: Original zoning: no information available. Other activity: SDP 1999-051 - site plan amendment to add a lap pool, tot pool and two-story building addition on 1.1 acre at the Inn SDP 2000-022 - site plan amendment to remove existing bath house and add spa facility SDP 2002-018 - site plan amendment to add laundry storage shed to the existing loading dock Comprehensive Plan: The Boar's Head Inn is recommended for Office Service in Neighborhood Six of the Comprehensive Plan, Land Use Plan. Recommended Office Service uses include the following: · Office parks and mixed-use planned developments emphasizing office uses and regional scale research and office uses providing information and professional services to the County and the larger region. Limited production activities and marketing of products may be included. · High density residential, commercial, and motel/hotel/conference facilities may be included as a secondary use. · Office Service designation requires a large site size (20+ acres), arterial road accessibility, water and sewer availability, and compatibility with adjacent land uses. The Neie:hborhood Model Neighborhood Model principles are not strongly reflected in the Inn complex as a whole, which pre-dated the County's current policy and embodies a formerly suburban approach to development. Those which are reflected to some degree in this proposal are: Pedestrian Orientation - No new pedestrian access from the Inn to the sports club is proposed with this rezoning or the site plan amendment to follow. The rezoning is requested to better accommodate current demand for tennis facilities at the club (by building more courts), rather than in response to a new use. Existing guest usage is not anticipated to change but should become more efficient and convenient with shorter wait times. Despite the fact that there are few sidewalks/paths throughout the Inn and surrounding neighborhoods, the lakes and Inn campus do receive regular pedestrian use by people walking along the internal travelways. The narrow streets, generally low traffic volumes and speeds, and mature trees make it a pleasant pedestrian environment under most circumstances despite the lack of formal sidewalks. Retrofitting sidewalks in a number of portions of the Boar's Head complex would be difficult without damaging or destroying mature landscaping and structures. For these reasons, staff has not required new pedestrian facilities. Neighborhood Friendlv Streets and Paths - Landscaping/streetscaping make many of the internal streets attractive for pedestrians. 2 . . Interconnected Streets and Transportation Networks - The Inn campus has an internal interconnected system which functions well under normal usage. However, presently there is only one access point, Ednam Drive at Route 250 West. This major intersection is signalized, and VDOT indicates that it is adequate for the expanded use. In conversations associated with this request, staff has emphasized to the applicant that a second access point will be needed soon. The applicant agrees, and indicates that it is studying how this might be accomplished through Birdwood Golf Course. A development proposal is currently under review for the Kappa Sigma property, across from the golf course, and if it or any other proposal is approved it is anticipated that it will incorporate a signal at Ivy Road. Staff notes that with signalization, the existing golf course intersection would be better equipped to function as a second access point for Boar's Head. An event management plan for tournaments and other events that generate parking demand in excess of existing inventory is proffered by the applicant. Mixture of Uses - The proposed site and neighboring parcels are characterized by a mixture of facilities and uses including inn, restaurant, offices, conference facilities, retail outlets, special events, and sports club. The adjacent golf course and Worthington Drive residential neighborhood further mix uses on the site. Several of these uses are very complementary, such as inn, office and conference space, and residential and sports club. Neighborhood Centers - The Inn serves as a neighborhood center, and has the potential to become a better center with improved access. It is an important amenity in Neighborhood Six as well as an employment center. Site Planning that Respects Terrain - The indoor tennis facilities are extensive and involve a large structure. The applicant is attempting to accommodate the sloping terrain to the west of the existing club by stepping down the floor elevation. Because visual impacts will almost entirely affect the adjacent golf course, also owned by the applicant, there is a strong incentive to create an attractive addition. The applicant has agreed to break up the mass with a terraced roof. In staff's view, Birdwood Golf Course is an area of extraordinary natural beauty and its visual quality should not be diminished by this project. The applicant indicates that it shares this concern. . Analvsis of the Rezonina ReQuest Relationship between the application and the purpose and intent of the requested zoning district The applicant is requesting a zoning map amendment from R-I, Residential to HC, Highway Commercial because that is the only zoning district in which both indoor and outdoor tennis courts can be accommodated as a health spa use (the existing sports club). Following guidance from County staff, this request was originally submitted as a special use permit for an indoor athletic use on the R-I, Residential [southern] portion of the sports club parcel. In the review process, staff discovered that because of the split zoning, the 50-foot setback required between the commercial use and the adjacent residential district not only made the building addition impossible but also meant that the current club itself would become non-conforming. With proposed proffers eliminating the majority of the permitted HC uses, if approved the health spa facilities would be allowed along with customary accessory uses. There is no intention to develop the parcel for typical Highway Commercial activities, and it does not meet the standard intent of the HC district. 3 Anticipated impact on public facilities and services ROADS VDOT has commented that internal changes to the site will not effect traffic at the Route 250 intersection. Although internal roads function adequately during normal Inn operation, at times of special events parking and circulation are not adequate. It would be difficult to enlarge existing roads to current standards (including sidewalks) without very adversely impacting the built environment and character of the Inn complex or even eliminating sections of existing structures. Therefore, the applicant has proffered an event management procedure that will emphasize parking off-site combined with shuttle services and traffic management on the property. In staff's opinion, a second access point should be required with any further expansion beyond the current indoor facility enlargement, including the outdoor courts shown on the concept plan. As noted, the applicant has indicated that it agrees with this assessment. A service and/or emergency access currently exists on the west side of the sports club building. This access should be maintained with the club expansion. WATER AND SEWER Water and sewer are adequate for the proposed use. STORMW A TER MANAGEMENT Existing ponds throughout the golf course can accommodate the increase in stormwater resulting from the expansion. The Natural Resources Manager has recommended against new impoundments, and in fact the applicant has not proposed any. With a rezoning, however, County policy generally is to request preservation of the stream buffer whether or not the ordinance requires it. In this case, the applicant's concept plan provides for a 50-foot buffer and Natural Resources indicates that this is acceptable. (see Attachment E) SCHOOLS The expansion of the club will not impact schools. FISCAL IMP ACT A fiscal impact analysis has not been requested, due to the fact that the additional square footage being requested does not significantly change employment numbers but rather involves mainly a change to programming and spatial needs. Anticipated impact on cultural and historic resources No impact is expected on cultural or historic resources. Anticipated impact on nearby and surrounding properties The tennis facility expansion will accommodate the University use and also allow a limited expansion in club membership. There will be some impact to nearby and surrounding properties from this higher level of activity, primarily in the form of traffic. However, staff agrees with the applicant that much of the increased capacity will capture and satisfy existing demand. At a recent neighborhood meeting, many adjacent residents indicated that they are members of the club. Public need and justification for the change If the rezoning is approved, the University's tennis program would benefit from improved winter training. In staff's opinion, expansion of the existing sports club use results in less impact to the 4 . . . general public and natural resources than what would result from construction of a new facility, and it also provides an enhanced opportunity for club members who play tennis. The general public benefits from an opportunity to participate in and watch a higher level of competition because of improved facilities. Summary Staff has identified the following factors favorable to this rezoning request: 1. The building expansion can be accommodated by the existing site, without adverse impacts to the physical environment, other activities on the site, or nearby properties and neighborhoods. Some enlargement of the sports club parcel is needed to contain the additional courts, parking and setbacks, but this enlargement has minimal impact on the adjacent residential areas and golf course. The parcel most impacted by the expansion (golf course) is also owned by the applicant. 2. The sports club use and tennis facilities have operated successfully in this location for a number of years. Many neighborhood residents belong to the club, and can walk to it. Club owners have a strong incentive to make the expanded facilities attractive and as compatible as possible with surrounding development, since the golf course and Inn are under the same ownership. 3. The applicant is willing to proffer an event management plan to address parking and circulation impacts from the expanded tennis facilities which will largely keep parking off the site. Staff has identified factors that are not favorable to this request: 1. With no approved master plan, the expansion of the club has been and continues to be an incremental process which makes it more difficult to evaluate impacts. 2. There is currently no second access point to the Inn and Club, although the applicant has been advised by staff (and indicates agreement) that this deficiency must be remedied at the time of any additional development on the site. 3. The existing development pattern at the Inn and sports club makes it difficult if not impossible to retrofit pedestrian facilities. Recommended Action Staff recommends approval ofZMA 2004-015, with the proposed proffers set forth in Attachment G. Attachments: A - Vicinity Map B - Parcel Map C - Applicant's Justification D - Zoning Comments E - Natural Resource Manager's Comments F - Engineering Comments G - Proposed Proffers H - Concept Plane s) [full size] 5 · · · · · · B Attachment C OFFICE USE ONLY /} ZMA # .¿... /5 TMP 11 f2 {l · L-l11--J212-12 /.L :t 11- sign#'1O¡ 71 ¡ 12,.- MagisteriaIDistrict:~Staff: U- Date: 1. 4 07!5or>-oo-oo-O DU Application for Zoning Map Amendment pDofi/7V0 fit r"'/Rat~o-. ~ Under 50 acres =$1020 o 50 acres or more = $1570 o Minor amendment to previous request = $220 Project Name (how should we refer to this application?): Boar I sHead - Inn & Sports Club Tennis Facilities *Existing Zoning: HC & R-l (*staffwill assist you with this item) Proposed Zoning: HC Number of acres to be rezoned (if a portion it must be delineated on a plat): Approximately 10.6 acres Is this an amendment to an existing Planned District? Is this an amendment to existing proffers? Are you submitting a preliminary site plan with this application? Are you submitting a preliminary subdivision plat with this application? Are ou rofferin a Ian with this a lication? DYES DYES DYES DYES DYES ŒlNO ŒlNO IJ3 NO I]gNO ŒNO Contact Person (Who should we caIVwrite concerning this project?): Valerie W. lDng, .McGuireWcx::xis LIP Address P.O. Box 1288 CityCharlottesvil1e State VA Zip 22902 Daytime Phone (434) 977-2545 Fax # 980-2265 E-mail vlong~rncguire;.¡cx::xis.com · Owner of Record uni versi ty of Virginia Host Properties, Inc. & Uni versi ty of Virginia Foundation Address P.O. Box 400218 City Charlottesville State VA Zip22904-4218 Daytime Phone (434) 982-4848 Fax # 982-4852 E-mail bbs2c €)virginia.edu University of Virginia Host Pronerties, Applicant (Who is the Contact person representing? Who is requesting the rezoning?): Inc. & uni versi ty of Virqinia Foundati Address P.O. Box 400218 City Charlottesville State VA Zip22904-4218 Daytime Phone (434) 982-4848 Fax # 982-4852 E-mail bbs2C@virqinia.edu Tax map and parcel: 059D2-01-00-01500 and a portion of 07500-00-00-06300 ~1P 059D2-01-00-01500 has a street address of Physical Street Address (if assigned): 200 Wellington Drive Location of property (landmarks, intersections, or other): Wellington Drive is aDQroximatel y 1/8 mile south of the intersection of U. S. Route 250 West & Ednam Drive - Fee amount $ _~. ._ History: "f Special Use Pennits: (H:.c>l.f- D,-;;¿'S 0 ZMAs & Proffers: ~ Variances: tQ83-M, 1lìe:3-07/11c¡~}r002i {tft<l-(ji/o Letter of Authorization · Concurrent review of Site Development Plan? 0 YES 0 NO County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 7/1/04 Page 1 oB 8 . . . Attachment C Boar's Head Sports Club Zonine: Map Amendment Application 1. What is the Comprehensive Plan designation for this property? The property is located in Neighborhood 6. Approximately 5.25 acres of tax map parcel 59D2-1-15 is designated for Office Services. The remaining approximately 4.6 acres of tax map parcel 59D2-1-15 is designated for Institutional Services. Tax map parcel 75-63 is designated for Institutional Services. 2. What public need or benefit does this rezoning serve? The proposed project will provide a public benefit in several ways. The project will provide expanded recreational facilities. The Boar's Head Sports Club is an extremely popular, family-oriented facility which has been traditionally operated to support the larger community and University by providing the highest quality sporting, athletic and recreational facilities. The University men's and women's tennis teams utilize the facility to play matches and conduct practice. The additional courts will allow the facility to better serve the needs of this constituency as well as the existing patrons of the club. It will promote the health, safety and general welfare of the community by enhancing the existing recreational facilities and providing facilities that can be used and enjoyed by the community on a year-round basis, thus providing more regular recreational opportunities. 3. Are public water, sewer and roads available to serve this site? Will there be any impact on these facilities? This property is within the Albemarle County Service Authority jurisdictional area. Public water, sewer and roads are available to serve this site. 4. What impact will there be on the County's natural, scenic, and historic resources? No adverse impact on the County's natural, scenic and historic resources is expected to occur as a result of this project. Option: Do you have plans to develop the property if the rezoning is approved? If so please describe. Yes, if the rezoning is approved, the applicants propose to replace three outdoor tennis courts (seasonally located indoor under a temporary structure) with between six q Attachment C and ten indoor tennis courts, a multi-sport court and expanded fitness facilities space plus support facilities such as locker rooms. Describe your request in detail including why you are requesting this particular zoning district: The applicants propose to replace three outdoor tennis courts (seasonally located indoor under a temporary structure) with between six and ten indoor tennis courts, plus support facilities as described above. Parking would be expanded to accommodate the additional uses. A plan showing the conceptual location of the proposed expansion is included with this application. Approximately half of tax map parcel 59D2-1-15 is zoned Highway Commercial, and the other half is zoned R -1 Residential. The applicants propose to rezone the R-1 Residential portion of tax map parcel 59D2-1-15 to Highway Commercial so it is consistent with the balance of the parcel, which will permit the construction of the proposed indoor tennis court facility. In addition, the applicants propose to rezone approximately 6 acres oftax map parcel 75-63 from R-1 Residential to Highway Commercial. Parcel 75-63 is the Birdwood Golf Course. Once the entire portion of tax map parcel 59D2-1-15, and the six-acre portion of tax map parcel 75-63 are rezoned to Highway Commercial, the property will permit the use of the property for a Health Spa by right, which would pennit both indoor and outdoor tennis facilities and the supporting facilities. \\REA\230989.1 \-Ð . . . A TT ACHMENT D TO: FROM: SUBJECT: Susan Thomas, Senior Planner ]an Sprinkle, Chief of Zoning Administration ZMA2004-05, BOAR'S HEAD INN AND SPORTS CLUB TENNIS FACILITIES 11/10/2004 DATE: Until the point that the applicant submitted a plan showing a building extending across the zoning district line, we thought the athletic facilities desired could be most easily established in the one SP application. However, there is no justification for a variance and without one, the building in the HC district cannot be within 50 feet of the residential district. Therefore, the applicant has changed the Special Use application to this Rezoning application. With the change to a rezoning, we must have a survey that accurately defines the meets and bounds of the property to be rezoned prior to any Board action. In addition, a boundary adjustment will have to be put to record to move the land from the Birdwood parcel to the Boar's Head Sports Club property so that there is no issue with the existing property line. Since the Birdwood Golf Course is permitted under a special use permit in the R-1 district and a small portion of it will be rezoned to accommodate the Sports Club tennis facilities, that small part of the golf course will be made nonconforming. The golf cart path also falls within the required 20' undisturbed buffer between the commercial and residential zoning districts. My prior comments on parking remain the same: In terms of parking, our standard for recreational facilities including swimming pools is 1 space per 125sf usable recreation area. In addition, tennis courts require 2 spaces per court. In order to calculate the number of spaces required for the whole use, we may need a floor plan. If the spaces are shared with the Inn or the golf course, we will be happy to consider shared parking under section 4.12.10. The applicant will most likely need to submit a parking study for this analysis. I gave you my comments on the proffers and hope you will address them with your own to the applicant. ( I ATTACHMENT E Susan Thomas From: Tamara Green Sent: Monday, November 22,20043:52 PM To: Susan Thomas Subject: Final Comments - Boars Head Inn Susan, My last comments on this project assumed that a 100' buffer would be preserved along Morey Creek. Morey Creek is intermittent at this location, and the project is located in a development area, but not within a water supply protection area. As such, the buffer requirements of the water protection ordinance do not apply. However, when provided an opportunity during a rezoning, it is preferable to try to preserve buffers where we are able, hence my request for a 100' buffer during my review of the project. It's my understanding now that the project plans show a 50' foot buffer now. A 50' buffer is acceptable in this instance, and shows that the applicant is attempting to voluntarily preserve the existing stream buffer. Thanks! Tamara Tamara Jo Green, CPESC Natural Resources Manager Albemarle County (434) 296-5823 ext. 3264 tgreen2@albemarle.org \2. 11/22/2004 . . . ATTACHMENT F COUNTY OF ALBEMARLE Department of Community Development, Current Development Group Engineering Plan Review TO: FROM: DATE: RE: Susan Thomas, Senior Planner Steve Snell, Engineer 18 November 2004 Boar's Head Sports Club, ZMA 2004-0015 The ZMA Boar's Head Sports Club has been reviewed. The Engineering Department has the following comments: 1. It would be best to show the Stormwater retention locations on the Conceptual Plan. 2. Please delineate the stream buffer on the Conceptual Plan. This buffer should be part of the ZMA and may count toward BMP reduction. Please contact the Water Resources Division for any questions. 3. It appears all Engineering issues can be satisfactorily addressed with the site plan. Please contact me if you have questions or require additional information. Copy: tile File: 13 ATTACHMENT G _;7.·.·....·..···.·.·.'.· ~ BOAR'S HEAD SPORTS CLUB ZMA 2004-0015 PROFFER STATEMENT The following parcels are subject to rezoning application ZMA 2004-0015 and thus to this proffer statement: tax map parcel 059D2-01-00-01500 and the portion of tax map parcel 07500-00-00-06300 shown as Parcel "X" containing 1.774 acres, on a proposed subdivision plat prepared by Thomas B. Lincoln Land Surveyor, Inc. entitled "Subdivision Plat Showing Parcel "X" - - Being a Portion of Tax Map 75 Parcel 63 Hereby Added to and Becoming a Portion of Tax Map 59D(2) Parcel 1-15, Samuel Miller District, Albemarle County, Virginia," which subdivision plat is dated November 16,2004, and is attached hereto as Exhibit A (collectively, the "Property"). The Applicant is University of Virginia Host Properties, Inc. The owner of tax map parcel 059D2-01-00-01500 is University of Virginia Host Properties, Inc. The owner of tax map parcel 07500-00-00-06300 is the University of Virginia Foundation. For purposes of this proffer statement, University of Virginia Host Properties, Inc., and the University of Virginia Foundation are herein collectively referred to as the "Owner." The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to rezone the portion of tax map parcel 059D2-01-00-01500 that is zoned R-1 Residential to Highway Commercial, and the portion of tax map parcel 07500-00-00-06300 shown as Parcel "X" containing 1.774 acres on Exhibit A from R-1 Residential to Highway Commercial as requested, the Owner and its successors and assigns shall develop the Property in accord with the following proffers pursuant to Section 15.2-2298 of the Code of Virginia, 1950, as amended, and pursuant to Section 33.3 of the Albemarle County Zoning Ordinance. These conditions are voluntarily proffered as part of the requested rezoning, and the Owner acknowledges that (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested. In the event the request is denied the proffers shall immediately be null and void and of no further force or effect. If the zoning is granted, these proffers and conditions will supersede all proffers now existing on the Property. 1. Development of the Property shall be in general accord with the plan entitled "Boar's Head Sports Club Conceptual Plan" prepared by the University of Virginia Foundation, dated November 22, 2004, containing two (2) pages, and attached hereto as Exhibit B (the "Development Plan"). The Development Plan shall not be construed to prohibit the realignment of the 14 existing outdoor tennis courts, subject to existing provisions of the Albemarle County zoning ordinance, provided that the courts remain in the area marked "14 Existing Outdoor Courts" shown on the Development Plan. The Owner will break up the massing of the proposed improvements by dividing them into \+ A TT ACHMENT G . multiple segments and/or structures (or creating the appearance of multiple segments and/or structures with a terraced roof line) and then locating the different segments and/or structures at various final elevation levels, all as reasonably possible given the Property's site constraints and applicable regulations and ordinances. Unless specifically referenced on the Development Plan, or otherwise referenced in this proffer statement, all other plans and illustrations submitted as part of the Owner's rezoning materials shall be deemed illustrative only, and such plans and illustrations shall not be deemed proffers. The Owner reserves the right to develop the Property in phases, as shown on the Development Plan. 2. Within the Property, only the following uses shall be pennitted by right, subject always to the express tenns of this proffer statement: a) Pursuant to subsection 24.2.1 of Section 24, HC highway commercial zoning district, of the Albemarle County Zoning Ordinance, as those regulations exist on December 8, 2004, as set forth below: Section 24.2.1 numbers 6, 20, 35, 36, 37, 41,42,44, and 45. . b) Pursuant to subsection 22.2.1 of Section 22, C-l Commercial zoning district, of the Albemarle County Zoning Ordinance, as those regulations exist on December 8,2004, as set forth below: Section 22.2.1 numbers bA, b.8, b.17, b.18, b.19, b.24, b.26, and b.27. The by-right uses of the Property that are pennitted pursuant to sections 24.2.1 and 22.2.1 and pursuant to this Proffer Statement are shown below without strikethrough. Uses which will not be pennitted on the Property (subject always to the express tenns of this proffer statement) have been indicated by strikethrough. 24.2.1 BY RIGHT The following uses shall be pennitted in any H-C district subject to the requirements and limitations of these regulations. The zoning administrator, after consultation with the director of planning and other appropriate officials, may pennit as a use by right, a use not specifically pennitted; provided that such use shall be similar to uses pennitted by right in general character and more specifically, similar in tenns oflocational requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as generally provided in section 34.0. . 1. 2. 3. 4. 5. 6. 7. .^..m:omobile læmdries. f..m:omobile, truek repair shops. f..m:omobile service statioBs (rerereBee 5.1.20). IhlÍldiBg materials sales. Clmrehes, eemeteries. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). COBvenience stores. ~ IS ATTACHMENT G 8. Ecæcational, technical and trade schools. 9. Faetory outlet sales clothing aad fabric. 10. Feed aRd seed stores (refereflce 5.1.22). 11. Financial InstitutioÐs. 12. Fire extingliisher aad secmty procæcts, sales and service. 13. Fire aRd rescue squad stations (reference 5.1.09). 1 4 . FUfleral homes. 15. F1:H1lÌture stores. 16. Food aÐd grocery stores including such specialty shops as bakery, candy, milk dispensary aRd ';line and cheese shops. 17. Home and b1:lsiness services such as grounds Cafe, e1eaning, exterminators, landscaping aad other repair aad maÎntenaÐee services. 18. Hardware. 19. (Repealed 6 3 81). 20. Hotels, motels and inns. 21. Light 'Nafehousing. 22. Machinery and e~ipment sales, service aRd rental. 23. Mobile home and trailer sales and service. 24. Modular bwlding sales. 25. Motor vehicle sales, service and reatal. 26. New automoti';e parts sales. 27. Ne\\'spaper p1:lbHshing. 28. Administratiye, b1:lsiness and professional offices. 29. Office and b1:lsiness machiÐe sales and service. 30. Eating establishmem; fast food restaurants. 31. Retail ffiH'series and greenhouses. 32. Sale of major recreational eq1:lipment aad vehicles. 33. Wayside stands vegetable and agric1:lltural produce (reference 5.1.19). 31. Wholesale distribution. 35. 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). 36. 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). 37. Temporary construction uses (reference 5.1.18). 38. Indoor theaters. 39. Heating oil sales aRd distribution (reference 5.1.20). -g, \{, . . b. . ATTACHMENT G 40. 41. Temporary nonresidential mobile homes (refercnee 5.8). (.^..dded 3 5 86) Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial, C-1. (Added 6-19-91; Amended 9-9-92) Indoor athletic facilities. (Added 9-15-93) Farmer's market (ref-erenee 5.1.36). (.^~dded 10 11 95) Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02) Tier I and Tier II personal wireless services facilities (reference 5.1.40). (Added 10-13-04) 22.2.1 BY RIGHT 42. 43. 44. 45. The following uses shall be permitted in any C-l district, subject to the requirements and limitations of these regulations. The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character and more specifically, similar in terms of locational requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as generally provided in section 34.0. a. The following retail sales and service establishments: 1. f..ntique, gift, jewelry, notian afld efaft shops. 2. Clothing, apparel and shoe shops. 3. Def)artmeftt store. -1. Dmg stare, pharmaey. 5. Florist. 6. Food and gracery stores inelliding sueh specialty shops as eakery, candy, mille diSf)ensary aFld "vine anà eheese shops. 7. FW1limre and home appliaaees (sales and serviee). 8. Hardware store. 9. Mlisical instruments. 10. NewsstaBds, magazines, pÏf3e and tobacea shops. 11. Ûf3tieal goods. 12. Photogmphie goods. 13. VisWlI aaà m:tdio awlianees. 1 4 . 8parting goads. 15. Retail nurseries and greeahm:lses. The following services and public establishments: 1. f~dministFati'¡e, professional affices. 2. Bareer, beauty shops. 3. Churches, cemeteries. 4. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02). 5. Finaneial instirutions. 6. Fire afld reseue sqliad stations (reference 5.1.09). ~ 11 ATTACHMENT G 7. Fooeral Romes. 8. Health spas. 9. Ifldoor theaters. 10. Laoodries, cky eleBÐ.ers. 11. Laoodromat (provided that an atteFldant shall be on duty at all ROl:1fS dmiFlg operation). 12. Libraries, ml:1sew:ns. 13. Nl:lfseries, day øai"e eeaters (refereFlee 5.1.06). 14. Eating establishmeFlts. 15. Tailor, seænstress. 16. :\l:1tomobile serviee statiofls (referenee 5.1.20). 17. 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. (Amended 5-2-93). 18. 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 11-1-9). 19. Temporary construction uses (reference 5.1.1). 20. DwelliFlgs (refereFlee 5.1.21). 21. Medieal eeFlter. 22. Automobile, tnlek repair sRop excll:1diBg body shop. (¿^~dded 6 3 81; ænended 9 9 92) 23. Temporary flonresidemial mobile homes (referenee 5.8). (.^~dded 3 5 86) 24. Indoor athletic facilities. (added 9-15-95) 25. Farmers' market (referenee 5.1.36). (l\àded 10 11 95). 26. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02) 27. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04) Notwithstanding that the above-referenced uses will not be permitted on the Property, this proffer statement shall not be interpreted to prohibit uses accessory to a health spa on the Property, which accessory uses shall expressly include, but not be limited to the following: indoor tennis courts, outdoor tennis courts, multi-sport courts, other recreational or fitness facilities, a restaurant, a snack bar, a "pro shop," administrative office space, and a child care facility. ~ \8 ATTACHMENT G . 3. Prior to the final approval of.SDP 2004-00086, the Owner shall record the subdivision plat attached hereto as Exhibit A in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, to combine the portion of tax map parcel 07500-00-00- 06300 shown on Exhibit A as Parcel "X" containing 1.774 acres, with tax map parcel 059D2-01-00-01500. 4. Prior to issuance of a certificate of occupancy for the first improvement proposed by SDP 2004-00086, the Owner shall submit for approval by the Zoning Administrator an Event Management Plan to provide adequate parking for the public during periodic public events at the Property, and further designed to avoid or minimize public parking in adjacent and nearby residential areas during such public events. Such a plan shall include a commitment by the Owner to provide adequate event parking at the Birdwood Golf Course parking lot (with access to the Property either by shuttle service or on foot along the golf course cart paths, at the discretion of the Owner), the large field at the northwest comer ofEdnam Drive and Boar's Head Point, and/or in other parking areas controlled by the Owner, each in the discretion of the Owner given the expected attendance at each particular event. Such a plan will also provide for the use of shuttle services as necessary given the size and nature of a particular event, for the use of adequate signage directing the public to pennitted parking areas, and the use of appropriate personnel to direct the public to such pennitted parking areas and to discourage or prohibit public parking in adjacent and nearby residential areas. . This proffer statement may be signed in two or more counterparts, each of which shall be deemed an original, and which together shall constitute one and the same instrwnent. WITNESS the following signatures: UNIVERSITY OF VIRGINIA HOST PROPERTIES, INC. By: Title: UNIVERSITY OF VIRGINIA FOUNDATION . By: Tim R. Rose, Secretary & Chief Executive Officer '6. it} ATTACHMENT G COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to wit: The foregoing instrument was acknowledged before me this _ day of , 2004 by as of University of Virginia Host Properties, Inc. My Commission expires: Notary Public COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to wit: The foregoing instrument was acknowledged before me this _ day of , 2004 by Tim R. Rose, Secretary and Chief Executive Officer of the University of Virginia Foundation. My Commission expires: Notary Public \\REA\235961.7 '<¡. 2-0 . . . Existing Zoning: R-1 (Birdwood GC) Possible Use: Grading/BMP/Utility Relocation Work will either be located outside of stream buffer or a mitigation plan will be submitted for County approval. EX. FAIRWAY 8 ~ 8 ------- -------------------- - ----- ---- Note: Building footprints/parking layout approximate. I \ Note: Solid lines ind~:,'cate t map I parcel lines I ------ - 'I Water Quality: Qnsite and offsite 81P s nee.åéd. Water Quantity: Modification of Qffßite(6kdwôocVGolf Course) ponds a ne ded. .. o - - --- -- ---- - ---------- -- ----- Scale: 1"=50' 11-22-04 t Boar's Head Sports Club Conceptual Plan University of Virginia Foundation 465 Crestwood Drive Charlottesville, VA 22903 Sheet 1 of 2 > --3 --3 > (""J :c :: l""J 2 --3 :c . . . -- - ------ -------- ---------------- ___~- _ ___ un_____ ___ _n + ~ + ~ / x /+ I + V ~ EX. GREEN Existing Zoning: R-1 (Birdwood GC) Possible Use: Grading/BMP/Utility Relocation Work will either be located outside of stream buffer or a mitigation plan will be submitted for County approval. EX. FAIRWAY 8 {f 8 II I' Water Quality:Onsite and offsite B Ps s needed. Water Quantity: Modification of off site (Birdwoödpolf Course) ponds a n ded. ___9. ------ ------------ -------------...-- Note: Building footprints/parking layout approximate. Note: Solid lines indÚ~'cate t map _ parcel lines. ___...__ ______..._ .. - ____ _____n__ I I I --:.:-::~~-___-= ------------ -- --------- -- -------...--- ------~--_. ---------- -------..-- Scale: 1 "=50' 11-22-04 t Boar's Head Sports Club Concept Plan University of Virginia Foundation 465 Crestwood Drive Charlottesville, VA 22903 Sheet 2 of 2 > --3 --3 > n == 3: t'!'J 2 --3 ::c . Exhibit A (Subdivision plat of Tom Lincoln Land Surveyor, Inc. dated November 16, 2004 showing Parcel "X" containing 1.774 acres, a portion of tax map parcel 75-63 to be added to and combined with tax map parcel 59D(2)-1-15 will be attached to the final signed proffers) . . '8-. \\REA\235961.8 Exhibit B (Development Plan will be attached to the final signed proffers) ~ ----G I TMP 59D(2)-1-15 I PARCEL 0-3 I UNIVERSITY OF VIRGINIA I HOST PROPERTIES, INC. I PO BOX 5307 CHARLOTTESVILLE, VA 22905-5307 D.B 2056 P 87 I D.B. 1122 P 487 , I I I I IIF 17139~ -e:> ~'rl- A f~,^ "b0:> >8> ~~ oQ:- "" ,0 THE LAND USE REGULATIONS LISTED HEREIN ARE IMPOSED PURSUANT TO THE ALBEMARLE COUNTY ZONING ORDINANCE IN EFFECT ON THIS DA TE AND ARE SHOWN FOR INFORMATION PURPOSES ONLY. THEY ARE NOT RESTRICTIVE COVENANTS RUNNING WITH THE LAND AND THEIR APPEARANCE ON THIS PLAT IS NOT INTENDED TO IMPOSE THEM AS SUCH ---- 1'-- I I / 0-2 TMP 59D(2)-1-2 UNIVERSITY OF VIRGINIA HOST PROPERTIES, INC. DB. 2056 P 87 DB. 1122 P. 487 PARCEL I I / 01F \ OT AL \ F 141-28-~ . IF HC ZONE I I I I DATE I I DATE I I I LN~~' 196. ÕS' IS IF I HEREBY CERTIFY THAT THIS SUBDIVISION SURVEY. TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF, IS CORRECT AND COMPLIES WITH THE MINIMUM PROCEDURES AND STANDARDS ESTABLISHED BY THE VIRGINIA ST A TE BOARD OF ARCHITECTS. PROFESSIONAL ENGINEERS. LAND SURVEYORS AND CERTIFIED LANDSCAPE ARCHITECTS. I ALSO CERTIFY THAT THE BOUNDARY SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY COUNTY APPROVALS ALBEMARLE COUNTY PLANNING COMMISSION SUBDIVISION PLAT SHOWING PARCEL "X" --BEING A PORTION OF TAX MAP 75 PARCEL 63 HEREBY ADDED TO AND BECOMING A PORTION OF TAX MAP 59D(2) PARCEL 1-15 SAMUEL MILLER DISTRICT ALBEMARLE COUNTY. VIRGINIA SCALE 1 = 200 NOVEMBER 16 2004 ALBEMARLE COUNTY BOARD OF SUPERVISORS APPROVAL THE DIVISION OF THE LAND DESCRIBED HEREIN IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNER(SJ, PROPRIETOR(S) AND TRUSTEEISI. ANY REFERENCE TO FUTURE POTENTIAL DEVELOPMENT IS TO BE DEEMED AS THEORETICAL ONL Y. ALL STATEMENTS AFFIXED TO THIS PLAT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. OWNERS 1 HCIR ZONE AC 9.853 N4r4 3HE 537.58' 194.25' N42e12'OSHW 137.75' DATE OWNER TMP 59D2-1-15 UVA HOST PROPERTIES. INC. BY TIM R. ROSE, SECRETARY & TREASURER S 75-63 VIRGINIA TMP UNIVERSITY OF FOUNDA TION P.O. BOX 400218 CHARLOTTESVILLE D.B. 2712 P 325 DB 1055 P. 271 D.B. 750 P 372 DATE OWNER TMP 75-63 UNIVERSITY OF VIRGINIA FOUNDATION BY: TIM R. ROSE. SECRETARY 599.83 S47e4S'OS"W 22904-4218 VA NOT ARY PUBLIC S2ge15'42HW 10S.75' "X" 1.774 AC, PARCEL R-1 ZONE STATE OF COUNTY OF THE FOREGOING WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 20_ BY STING TMP 75-63 "VII 529.720 AC BIROWOOO GOLF COURSE 75-63 NTS VICINITY MAP NOT ARY PUBLIC MY COMMISSION EXPIRES INC. 89-0099-05 NOTE: PARCEL HXH, BEING A PORTION OF TMP 75-63 IS HEREBY ADDED TO AND BECOMES A PORTION OF TMP 590(2)-1-15. THOMAS B. LINCOLN LAND SURVEYOR &'71 BERKMAR CIRCLE CHARLOTTESVILLE. VIR 484-974-1417 TMODEL SERVER DA T A9\ 22901 89009905.PRO GINIA 89\ ~ LEGEND IRON FOUND IRON SET F S C NOT ARY PUBLIC STATE OF _ COUNTY OF THE FOREGOING WAS ACKNOWLEDGED BEFORE ME THIS _ DA Y OF 20_ BY NOT ARY PUBL MY COMMISSION EXPIRES ORDINANCE NO. 04-A.I(2) AN ORDINANCE TO AMEND APPENDIX A.I, ACQUISmON OF CONSERVATION EASEMENTS PROGRAM, OF THE CODE OF THE COUN1Y OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Appendix A.I, Acquisition of Conservation Easements Program, of the Code of the County of Albemarle is amended as follows: By Amending: Sec. AI-II 0 Application and evaluation procedure. APPENDIX A.I. Acquisition of Conservation Easements Program Sec. A.I-HO. Application and evaluation procedure. Each application for a conservation easement shall be processed as follows: A Application materials to be provided to owner. The application materials provided by the program administrator to an owner shall include, at a minimum, a standard application form, a sample deed of easement, and information about the ACE program. B. Application form. Each application shall be submitted on a standard form prepared by the program administrator. The application form shall require, at a minimum, that the owner: (i) provide the name of all owners of the parcel, the address of each owner, the acreage of the parcel, the Albemarle County tax map and parcel number, the zoning designation of the parcel, and permission for the program administrator to enter the property after reasonable notice to the owner to evaluate the parcel and for the county assessor or an independent appraiser to appraise the property; and (ii) state his adjusted gross income for the three (3) prior tax years, as explained in section Al-lll(B). The application form shall also include a space for an owner to indicate that he volunteers to have the parcel be subject to greater restrictions than those contained in the standard sample deed of easement, and to delineate those voluntary, additional restrictions. C. Additional application ilfformation required by program administrator. The program administrator may require an owner to provide additional information deemed necessary to determine: (i) whether the proposed easement is eligible for purchase; and (ii) the purchase price of the easement. D. Submittal of application. Applications shall be submitted to the office of the program administrator. An application may be submitted at any time. However, applications received after October 31 shall be evaluated in the following year. E. Evaluation by program administrator. The program administrator shall evaluate each application received and determine within fifteen (15) days whether the application is complete. If the application is incomplete, the program administrator shall inform the owner in writing of the information that must be submitted in order for the application to be deemed complete. When an application is deemed complete, the program administrator shall determine whether the parcel satisfies the eligibility criteria set forth in section AI-I 07 and, if it does, shall determine the number of points to be attributed to the parcel by applying the criteria set forth in section AI-I 08. The program administrator shall then rank 1 each parcel scoring at least fifteen (15) points, with the parcel scoring the most points being the highest ranked and descending thereftom, and submit the list of ranked parcels to the ACE committee. F. Evaluation and ranking by ACE committee. The ACE committee shall review the list of ranked parcels submitted by the program administrator and shall rank the parcels in the order of priority it recommends the easements shall be purchased. The committee shall then forward to the board of supervisors its recommendation of which conservation easements should be purchased. G. Evaluation and ranking by board of supervisors. The board of supervisors shall review the list of ranked parcels submitted by the ACE committee and identify on which parcels it desires conservation easements. The board shall then rank those parcels on which it will seek to purchase conservation easements. Nothing in this appendix shall obligate the board to purchase a conservation easement on any property that meets the minimum number of qualifying points. H. Appraisal of conservation easement value. Each conservation easement identified by the board of supervisors to be purchased shall be appraised either by the county assessor or by an independent qualified appraiser chosen by the county. Each completed appraisal shall be submitted to the program administrator and the owner. The program administrator shall forward each appraisal to the appraisal review committee, which shall review each appraisal and make recommendations thereon to the board of SupervIsors. I. Requirements and deadlines may be waived. Any requirement or deadline set forth in this appendix may be waived by the board of supervisors if, for good cause, it is shown that exigent circumstances exist to warrant consideration of an otherwise untimely application, or it is shown that the requirements unreasonably restrict the purchase of an easement. Under these circumstances, the board may purchase a conservation easement at any time it deems necessary and subject to only those requirements it deems appropriate. J. Reapplication. An owner whose parcel is not selected for purchase of a conservation easement may reapply in any future year. (Ord. OO-A.l(l), 7-5-00; Ord. 02-A.I(l), 12-11-02; Ord. 04-A.l(2), 12-8-04) I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia. by a vote of six to zero, as recorded below, at a regular meeting held on December 8. 2004. Mr. Bowerman Mr. Boyd Mr. Domer Mr. Rooker Ms. Thomas Mr. Wyant Aye Nay y y y y y y ¡-} / ~/ÚU4 ~ C ~d of CountY Supervisor~, I (j 2 Attachment A Draft: 11/22/04 scoring at least fifteen (15) points, with the parcel scoring the most points being the highest ranked and descending therefrom. The program administrator should. and submit the list of ranked parcels to the ACE committee by .\ugust 1. F. Evaluation and ranking by ACE committee. The ACE committee shall review the list of ranked parcels submitted by the program administrator and shall rank the parcels in the order of priority it recommends the easements shall be purchased. The committee shetHà shall then forward to the board of supervisors by September 1 its recommendation of which conservation easements should be purchased. G. Evaluation and ranking by board of supervisors. The board of supervisors shall review the list of ranked parcels submitted by the ACE committee and identify on which parcels it desires conservation easements. The board shall then rank those parcels on which it will seek to purchase conservation easements that year. Nothing in this appendix shall obligate the board to purchase a conservation easement on any property that meets the minimum number of qualifying points. H. Appraisal of conservation easement value. Each conservation easement identified by the board of supervisors to be purchased shall be appraised either by the county assessor or by an independent qualified appraiser chosen by the county. Each appraisal should be completed by October 1. Each completed appraisal shall be submitted to the program administrator and the owner. The program administrator shall forward each appraisal to the appraisal review committee, which shall review each appraisal and make recommendations thereon to the board of supervisors by November 1. I. Requirements and deadlines may be waived. Any requirement or deadline set forth in this appendix may be waived by the board of supervisors if, for good cause, it is shown that exigent circumstances exist to warrant consideration of an otherwise untimely application, or it is shown that the requirements unreasonably restrict the purchase of an easement. Under these circumstances, the board may purchase a conservation easement at any time it deems necessary and subject to only those requirements it deems appropriate. J. Reapplication. An owner whose parcel is not selected for purchase of a conservation easement may reapply in any future year. (Ord. 00-A.1(1), 7-5-00; Ord. 02-A.1(1), 12-11-02) I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to _, as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Aye Nay Mr. Bowennan Mr. Boyd Mr. Dorrier Mr. Rooker Ms. Thomas Mr. Wyant 2 LARRY W. DAVIS COUNIY ATTORNEY COUNTY OF ALBEMARLE Office of County Attorney 401 Mcintire Road Charlottesville, Virginia 22902-4596 MARK A. TRANK DEPIJIY COUN1Y ATTORNEY PHONE (434) 972-4067 FAX (434) 972-4068 GREG KAMPTNER ANDREW H. HERRICK ASSISTANT COUN1Y ATTORNEYS December 9, 2004 Shelby J. Marshall, Clerk Albemarle County Circuit Court 501 East Jefferson Street Charlottesville, Virginia 22902 - J ~~ , . Re: Subdivision Text Amendment Dear Ms. Marshall: Pursuant to section 14-108 of the County Code and section 15.2-2252 of the Code of Virginia, please find enclosed a certified copy of ordinance 02-14(2), a subdivision ordinance amendment adopted by the Board of Supervisors on December 8, 2004 and effective on February 8,2005, to be filed in the Clerk's office. You will receive the revised pages to the County Code reflecting the changes in this ordinance in the Code supplement scheduled for July, 2005. The County Code on our web page will reflect these changes on the effective date of the ordinance. If you have any questions, please give me a call. With kind regards, I am Sincerely, ¿~ County Attorney L WD/md En~ure cc: Ella W. Carey, Clerk to Board of Supervisors ORDINANCE NO. 04-14(1) AN ORDINANCE TO AMEND CHAPTER 14, SUBDMSION OF LAND, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA, ARTICLE II, ADMINISTRATION AND PROCEDURE, AND ARTICLE III, PLAT REQUIREMENTS AND DOCUMENTS TO BE SUBMfITED BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Article II, Administration and Procedure, and Article III, Plat Requirements and Documents to be Submitted, of Chapter 14, Subdivision of Land, are hereby amended and reordained as follows: By Amending: Sec. 14-203 Fees. By Adding: 14-308.1. Groundwater assessment information. Chapter 14 Subdivision of Land Article II. Administration and Procedure Sec. 14-203 Fees. Except as otherwise provided herein, each subdivider shall pay a fee upon submittal of a plat or other request provided herein, in an amount according to the schedule set forth below. The fee shall be in the form of cash or a check payable to the "County of Albemarle." Neither the County nor the School Board of Albemarle County shall be required to pay any fee required by this section if it is the applicant. A. Preliminary plat for subdivision: I. If subject to review by the commission: (a) I to 9 lots: $720.00. (b) 10 to 19 lots: $1,100.00. (c) 20 or more lots: $1,330.00. 2. If subject to review by the agent: (a) Two-lot subdivision as described in section 14-232(B)(I) or if all lots front on an existing public street: $95.00. (b) I to 9 lots: $360.00. (c) 10 to 19 lots: $550.00. (d) 20 or more lots: $670.00. 3. Reinstatement of review: $65.00. 4. Each filing of a preliminary plat, whether or not a preliminary plat for the same property has been filed previously, shall be subject to the same requirements. B. Final plat for subdivision: I. If subject to review by the commission: (a) 1 to 910ts: $720.00. (b) 10 to 19 lots: $1,100.00. (c) 20 or more lots: $1,330.00. 2. If subject to review by the agent: (a) Two-lot subdivision as described in section 14-232(B)(I) or if all lots front on an existing public street: $95.00. (b) 1 to 9 lots: $360.00. (c) 10 to 19 lots: $550.00. (d) 20 or more lots: $670.00. 3. Condominium plat: $100.00. 4. Reinstatement of review: $65.00. 5. In addition to the foregoing, if the subdivider is required to construct a public street or a private road, he shall pay to the county a fee equal to the cost of the inspection of the construction of any such street or road. These fees shall be paid prior to completion of all necessary inspections and shall be deemed a part of the cost of construction of the street or road for purposes of section 14-413(B). C. Plat for rural division: $95.00. D. Plat for family division: $95.00. E. Other matters subject to review: 1. Waiver, variation or substitution of subdivision requirements: $180.00. 2. Relief from plat conditions imposed by commission prior to the date of adoption of this chapter: $180.00. 3. Appeal of plat to board of supervisors: $240.00. 4. Extension of plat approval: $45.00. 5. Request to defer action on plat to an indefinite date: $75.00. 6. Bonding inspection for plat: $60.00. 7 . Vacation of plat or part thereof: $170.00. 8. Review of groundwater assessment information required by section 14- 308.1: (a) Tier 2 assessment under section 17-402: $250.00 plus $25.00 per lot. (b) Tier 3 assessment under section 17-403: $400.00 plus $25.00 per lot. (c) Tier 4 assessment under section 17-404: $1,000.00. (9-5-96,12-11-91,6-7-89,4-17-85,12-1-82, 12-14-77,3-2-77,11-10-76,8-28-74 (§ 3); 1988 Code, § 18- 43; Ord. 98-A(I), 7-15-98; Ord. 99-14(1), 6-16-99; Ord. 02-14(2), 7-3-02; Ord. 04-14(1), 12-8-04, effective 2-8-05) " State law reference-Va. Code § 15.2-2241(9). Article III. Plat Requirements and Documents to be Submitted Sec. 14-308.1 Groundwater assessment information. Groundwater assessments required by section 17-402 shall be initiated by the program authority upon the submittal of the preliminary plat. The draft groundwater management plans and aquifer testing workplans required by sections 17-403 and 17-404, as applicable, shall be submitted in conjunction with the submittal of the preliminary plat. The requirements of sections 17-402, 17-403 and 17-404 shall be satisfied prior to final plat approval. (§ 308.1, Ord. 04-14(1), 12-8-04, effective 2-8-05) State law reference - Va. Code § 15.2-2121. This ordinance shall be effective on and after February 8, 2005. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero, as recorded below, at a regular meeting held on December 8. 2004. Mr. Bowerman Mr. Boyd Mr. Domer Mr. Rooker Ms. Thomas Mr. Wyant Aye Nay y y y y y X ORDINANCE NO. 04-18(4) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE IV, PROCEDURE, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article IV, Procedure, are hereby amended and reordained as follows: By Amending: Sec. 31.2.2 Building permits Sec. 35.0 Fees By Adding: Sec. 32.5.7 Groundwater assessment information Chapter 18. Zoning Article IV. Procedure Sec. 31.2.2 Building permits The zoning administrator shall review each application for a building permit to ensure that the building or structure proposed is in accordance with the tenns of this ordinance. No permit shall be issued for any construction for which a site development plan is required to be approved by the commission in accordance with section 32.0 of this chapter unless and until such plan shall have been so approved. Thereafter, any item shown on such plan as approved shall be deemed prima facie in accordance with the tenns of this ordinance. No permit shall be issued for any structure to be served by an individual well subject to a Tier 1 groundwater assessment under Albemarle County Code § 17-400 until the applicant complies with Albemarle County Code § 17-401. Each applicant shall provide a copy of the most recent plat of record of the land to be built upon unless no such plat exists, in which case the applicant shall provide a copy of the most recent deed description thereof. Any other information which the zoning administrator may deem necessary for consideration of the application may be required. If the proposed building or use is in conformity with the provisions of this ordinance, a permit shall be issued to the applicant by the zoning administrator. One (1) copy of the drawing shall be returned to the applicant with the permit. (§ 31.2.2, 12-10-80; Ord. 04-18(4), 12-8-04, effective 2-8-05) Sec. 32.5.7 Groundwater assessment information The draft groundwater management plans and aquifer testing workplans required by Albemarle County Code §§ 17-403 and 17-404, as applicable, shall be submitted in conjunction with the submittal of the preliminary site plan. The requirements of Albemarle County Code §§ 17-403 and 17-404 shall be satisfied prior to final site plan approval. (§32.5.7, Ord. 04-18(4), 12-8-04, effective 2-8-05) Sec. 35.0 Fees Except as herein otherwise provided, every application made to the zoning administrator, the commission, or the board of supervisors shall be accompanied by a fee as set forth hereinafter, to defray the cost of processing such application. Neither the County nor the School Board of Albemarle County shall be required to pay any fee required by this section if it is the applicant. a. For a special use pennit: 1. Rural area division for the purpose of "family division" where all original 1980 development rights have been exhausted under "family division" as defined under section 18-56 of the subdivision ordinance - $220.00. (Amended effective 1-1-94) 2. Rural area divisions - $1,240.00. 3. Commercial use - $980.00. 4. Industrial use - $1,020.00. 5. Private club/recreational facility - $1,020.00. 6. Mobile home park or subdivision - $980.00. 7. Public utilities - $1,020.00. 8. Gradelfill in the flood plain - $870.00. 9. Minor amendment to valid special use permit or a special use pennit to allow minor expansion of a non-confonning use -$110.00. (Amended effective 1-1-94) 10. Extending special use permits - $70.00. II. Home Occupation-Class A - $13.00; Home Occupation-Class B - $440.00. 12. For day care centers - six (6) to nine (9) children- $490.00. (Added 6-3-92) 13. For day care centers - ten (10) or more children - $980.00. (Added 6-3-92) 14. All other uses except signs - $980.00. (Amended 7-8- 92) b. For amendment to text of zoning ordinance - $840.00. c. Amendment to the zoning map: 1. For planned developments - under 50 acres - $1,020.00. 2. For planned developments - 50 or more acres - $1,570.00. 3. For all other zoning map amendments - under 50 acres - $1,020.00. 4. For all other zoning map amendments - 50 or more acres - $1,570.00. 5. Minor amendment to a zoning map amendment - $220.00. d. Board of Zoning Appeals: 1. Request for a variance or sign special use permit - $120.00. (Amended 7-8-92) 2. For other appeals to the board of zoning appeals (including appeals of zoning administrator's decision) - $120.00, to be refunded if the decision of the zoning administrator is overturned. e. Preliminary site development plan: 1. Residential- $1,190.00, plus $13.00/unit. 2. Non-residential- $1,580.00, plus $13.00/1000 square feet. f. Final site development plan: 1. Approved administratively - $410.00. '" 2. If reviewed by the commission before approval of preliminary site development plan - $1,130.00. 3. If reviewed by the commission after approval of the preliminary site development plan - $790.00. 4. For site development plan waiver - $270.00. 5. For site development plan amendment: a) Minor - alterations to parking, circulation, building size, location -$95.00. b) Major - commission review - $270.00. 6. Review of site development plan by the architectural review board - $200.00. 7. Appeal of site development plan to the board of super visors - $240.00. 8. Rehearing of site development plan by commission or board of supervisors - $190.00. 9. Rejection by agent of incomplete site development plan: a) Rejected within ten days - $200.00. b) Suspended after site plan review - site plan fee shall not be refunded. $65.00 fee shall be required to reinstate project. g. For relief from a condition of approval from commission or landscape waiver by agent - $180.00. h. Change in road or development name after submittal of site development plan: 1. Road - $20.00. 2. Development - $25.00. 1. Extending approval of site development plan - $45.00. J. Granting request to defer action on site development plan. special use permit or zoning map amendment: 1. To a specific date - $35.00. 2. Indefinitely - $75.00. k. Bond inspection for site development plan, for each inspection after the first bond estimate - $60.00. l. Zoning clearance - $35.00. m. Accessory lodging permits - $35.00. n. Official Letters: 1. Of determination - $75.00. 2. Of compliance with county ordinances- $75.00. 3. Stating number of development rights - $40.00. o. Sign Permits: I. Any sign, except exempted signs and signs requiring review by the architectural review bœrd - $35.00. 2. Signs required to be reviewed by the architectural review bœrd - $75.00. p. Review of groundwater assessment information required by sections 31.2.2 or 32.5.7: I. Tier 1 assessment under Albemarle County Code § 17-401- $50.00. 2. Tier 3 assessment under Albemarle County Code § 17-403 - $400.00 plus $25.00 per lot. 3. Tier 4 assessment under Albemarle County Code § 17-404 - $1,000.00. In addition to the foregoing, the actual costs of any notice required under Chapter 22, Title 15.2 of the Code shall be charged to the applicant, to the extent that the same shall exceed the applicable fee set forth in this section. Failure to pay all applicable fees shall constitute grounds for the denial of any application. For any application withdrawn after public notice has been given, no part of the fee will be refunded. (Amended 5- 5-82; 9-1-85; 7-1-87; 6-7-89; 12-11-91 to be effective 4-1-92; 7- 8-92) (§ 35.0, 12-10-80; 5-5-82; 9-1-85; 7-1-87; 6-7-89; 12-11-91 to be effective 4-1-92; 7- 8-92; * to be effective 1-1-94; Ord. 02-18(4), 7-3-02; Ord. 04-18(4), 12-8-04, effective 2-8-05) This ordinance shall be effective on and after February 8, 2005. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero, as recorded below, at a regular meeting held on December 8. 2004. ... /tu.Uc. ?, Clerk, Board of County Supervisors é Mr. Bowerman Mr. Boyd Mr. Dorrier Mr. Rooker Ms. Thomas Mr. Wyant Aye Nay y y y y y y ORDINANCE NO. 04-17(1) AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA, BY AMENDING ARTICLE I, GENERAL, AND BY ADDING ARTICLE IV, GROUNDWATER ASSESSMENTS BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 17, Water Protection, is amended and reordained as follows: By Amending: Sec. 17-102 Purposes. By Adding: Sec. 17400 Sec. 17401 Sec. 17402 Sec. 17403 Sec. 17404 Sec. 17405 Applicability . Tier I assessments. Tier 2 assessments. Tier 3 assessments. Tier 4 assessments. Fees. Chapter 17 Water Protection Article I. General Sec. 17-102 Purposes. The board of supervisors finds that this chapter is necessary to protect the health, safety and general welfare of the citizens of the county and the Commonwealth of Virginia and to prevent water from being rendered dangerous to the health of persons living in the county, and is supported by the findings of watershed studies that have been conducted. Therefore, the specific purposes of this chapter are to: I. inhibit the deterioration of state waters and waterways resulting from land disturbing activities; 2. protect the safety and welfare of citizens, property owners, and businesses by minimizing the negative impacts of increased stormwater discharges from new land development and redevelopment; 3. protect against and minimize the pollution and eutrophication of public drinking water supplies resulting from land development; 4. control nonpoint source pollution, erosion and sedimentation, and stream channel erosion; 5. maintain the integrity of existing stream channels and networks for their biological functions, drainage, and natural recharge of groundwater; 6. functions; protect the condition of state waters for all reasonable public uses and ecological I 7. provide for the long-term responsibility for and maintenance of stormwater management facilities and best management practices; 8. facilitate the integration of stormwater management and pollution control with other county ordinances, programs, policies, and the comprehensive plan; and 9. promote the long-term sustainability of groundwater resources. (§ 7-1, 6-18-75, § 2, 2-11-87, 3-18-92; § 19.1-4,9-29-77, art. I, § 1,7-11-90; § 19.2-2,6-19-91, § 2; § 19.3-3,2-11-98; Code 1988, §§ 7-1, 19.1-4, 19.2-2, 19.3-3; Ord. 98-A(1), 8-5-98; Ord. 04-17(1), 12-8-04, effective 2-8-05) State law reference-Va. Code §§ 10.1-560 et seq., 10.1-603.1 et seq., §1O.1-2108. Article IV. Groundwater Assessments Sec. 17 -400 Applicability. This article shall apply to the establishment ofland uses that will rely on privately owned wells serving as the primary source of potable water and having not more than two (2) connections (hereinafter, "individual wells'') or central water supplies, as defined in Albemarle County Code § 16-101. The applicable requirements of this article are determined by the development approval sought by the owner and the land uses within the development, as follows: Development Approval and Timing of Submittal for Required Assessment Assessment Reauired Prior to the issuance of a building permit for a new structure on a lot of record Tier 1 less than twenty-one acres in size existing prior to the effective date of this article that will be served by one or more individual wells Prior to the issuance of a building permit for a new structure: (1) on a lot of record created after the effective date of this article that is subject to a Tier 2 or Tier 3 assessment that will be served by one or more individual wells; or (2) Tier 1 associated with a use that is subject to a Tier 3 or Tier 4 assessment that will be served by one or more individual wells Prior to approval of a preliminary subdivision plat creating lots ofless than Tier 2 twenty-one acres that will be served by individual wells Prior to approval of a preliminary subdivision plat creating four or more lots Tier 3 where at least three lots are five acres or less Prior to approval of a preliminary site plan for a new nonresidential or Tier 3 nonagricultural use using less than 2,000 gallons/day (average) Prior to approval of a preliminary site plan for a new nonresidential or Tier 4 nonagricultural use using more than 2,000 gallons/day (average) Prior to approval of any central water supply under chapter 16 of the Albemarle Tier 4 County Code The program authority may require that development approvals subject to Tier 2 or Tier 3 assessments be subject to Tier 3 or Tier 4 assessments, respectively, as provided in sections 14-402 and 17-403. 2 If an owner submits a final subdivision plat or site plan without first submitting and obtaining approval of a preliminary subdivision plat or site plan, the assessment required by section 17-402 shall begin upon submittal of the final subdivision plat or site plan, and the assessment required by sections 17-403 or 17-404 shall be submitted by the owner with the final subdivision plat or site plan. (§ 400, Ord. 04-17(1), 12-8-04, effective 2-8-05) Sec. 17-401 Tier 1 assessments. A Tier 1 assessment shall consist of the owner drilling a well on the lot and submitting the following information to the program authority: (1) a Virginia well drilling completion report (form GW- 2) for each well drilled; and (2) the latitude and longitude coordinates of each well's location. The information submitted must be accepted as complete and accurate by the program authority prior to issuance of the building permit. (§ 401, Ord. 04-17(1), 12-8-04, effective 2-8-05) Sec. 17-402 Tier 2 assessments. A Tier 2 assessment shall consist of the program authority reviewing and evaluating the county's well database, available hydrogeologic studies, and information from the Virginia Department of Health and the Virginia Department of Environmental Quality, as provided in chapter 5 of the design standards manual. Based on this evaluation, the program authority may require that the owner provide additional groundwater assessment data prior to subdivision plat or site plan approval, or may require that a Tier 3 assessment be submitted. (§ 402, Ord. 04-17(1), 12-8-04, effective 2-8-05) Sec. 17-403 Tier 3 assessments. A Tier 3 assessment shall consist of the following: A. The owner shall submit a draft groundwater management plan with the preliminary plat or site plan. The groundwater management plan shall comply with the requirements for such plans in chapter 5 of the design standards manual. If the groundwater management plan identifies special areas of concern, such as an off-site resource of high groundwater sensitivity or a previously unknown source of contamination, then the program authority may require additional groundwater assessment data prior to preliminary subdivision plat or site plan approval. B. The owner shall submit a final groundwater management plan that must be approved by the program authority prior to approval of the final plat or site plan. C. Any structural measures (e.g., best management practices) shall be bonded as a subdivision plat or site plan improvement. The program authority may require that a Tier 4 assessment be submitted instead of a Tier 3 assessment if the special areas of concern identified in subsection (A) have not been adequately addressed by the additional groundwater assessment data. (§403, Ord. 04-17( 1), 12-8-04, effective 2-8-05) 3 Sec. 17-404 Tier 4 assessments. A Tier 4 assessment shall consist of the following: A. The owner shall submit a draft groundwater management plan and an aquifer testing workplan complying with the requirements for such plans in chapter 5 of the design standards manual, with the preliminary plat, preliminary site plan, or the application for a central water supply. The groundwater management plan must demonstrate to the program authority's satisfaction that the site's groundwater conditions have been considered with the subdivision or site plan's layout and design. The aquifer testing workplan must be approved by the program authority before the owner may conduct aquifer testing as required by subsection (B). B. After the program authority approves the aquifer testing workplan, the owner shall conduct aquifer testing as provided in the workplan. C. The owner shall submit a final groundwater management plan and a groundwater assessment report complying with the requirements for such a report in chapter 5 of the design standards manual, based upon the results of the aquifer testing. The final groundwater management plan and the groundwater assessment report must be approved by the program authority prior to final subdivision plat or site plan approval. D. Any structural measures (e.g., best management practices) shall be bonded as a subdivision plat or site plan improvement. (§404, Ord. 04-17(1), 12-8-04, effective 2-8-05) Sec. 17-405 Fees. Each owner seeking approval of a tier assessment required by this article shall pay a fee as provided by Albemarle County Code § 18-35.0 and Albemarle County Code § 14-203, as applicable. (§405, Ord. 04-17(1), 12-8-04, effective 2-8-05) State law reference-Va Code §§ 15.2-2241(9),36-98. This ordinance shall be effective on and after February 8,2005. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero, as recorded below, at a regular meeting held on December 8. 2004. Mr. Bowerman Mr. Boyd Mr. Dorrier Mr. Rooker Ms. Thomas Mr. Wyant Aye Nay y y y y y y 4 COUNTY OF ALBEMARLE RECEIVED AT BO~MEET1NG Dæe: /ojlJP~ø /~ MEMORANDUM Agenda Item II: Clerk's Initials: t ~ TO: Albemarle County Board of Supervisors Larry W. Davis, County Attorney /þ¿;J- FROM: DATE: December 8, 2004 RE: Groundwater Ordinance; proposed additional revisions In addition to the revision to Section 17-403 requested by the Board at its October 27,2004 worksession discussed in the Executive Summary, staff recommends two other revisions described ,'f\. paragraphs 1 and 2 below. These proposed revisions are intended to be nonsubstantive and are intended to simply clarify the interpretation of the regulations. In the attached draft ordinance, the proposed revisions, including the proposed revision to Section 17-403, are identified by shading. 1. Section 17-400 (table, bottom of page 2, top of page 3): Certain Tier 3 and Tier 4 assessments are triggered by preliminary site plans. The prior draft ordinance referred to preliminary site plans for "commercial and industrial" uses. It was apparent from a review of Staff and Groundwater Committee reports that residential uses requiring site plans were to be exempt from these assessments. Agricultural uses are generally exempt from the site plan requirements and would not be subject to this regulation. However, there is a range of institutional and other uses that may not cleanly fall into a "commercial" or "industrial" use classification but are intended to be subject to this ordinance. To address this potential ambiguity, staff proposes that "commercial and industrial" uses be changed to "nonresidential and nonagricultural" uses in the table at the bottom of page 2 and the top of page 3. 2. Section 17-400 (last paragraph, page 3): Although the overwhelming majority of subdivision plats and site plans are reviewed in a two-step (preliminary-final plat or plan) process, an owner has the option of skipping the preliminary plat/site plan step and submitting only a final plat or site plan. The table in section 17-400 requires that the various tier assessments be submitted prior to approval of the preliminary plat or site plan. The proposed last paragraph would provide that if the owner skips the preliminary step of the process and submits a final plat or site plan in the first instance, the applicable tier assessment must begin or be submitted when the final plat or site plan is submitted. 3. Section 17-403 (last paragraph. top of page 4): This is the revision requested by the Board at its October 27, 2004 worksession, allowing the program authority reviewing a Tier 3 assessment to require additional information or a Tier 4 assessment when there are special areas of concern. Draft: 12/08/04 ORDINANCE NO. 04-17( ) AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA, BY AMENDING ARTICLE I, GENERAL, AND BY ADDING ARTICLE IV, GROUNDWATER ASSESSMENTS BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 17, Water Protection, is amended and reordained as follows: By Amending: Sec. 17-102 Purposes. By Adding: Sec. 17-400 Sec. 17-401 Sec. 17-402 Sec. 17-403 Sec. 17-404 Sec. 17-405 Applicability. Tier 1 assessments. Tier 2 assessments. Tier 3 assessments. Tier 4 assessments. Fees. Chapter 17 Water Protection Article I. General Sec. 17-102 Purposes. The board of supervisors finds that this chapter is necessary to protect the health, safety and general welfare of the citizens of the county and the Commonwealth of Virginia and to prevent water from being rendered dangerous to the health of persons living in the county, and is supported by the findings of watershed studies that have been conducted. Therefore, the specific purposes of this chapter are to: 1. inhibit the deterioration of state waters and waterways resulting from land disturbing activities; 2. protect the safety and welfare of citizens, property owners. and businesses by minimizing the negative impacts of increased stormwater discharges from new land development and redevelopment; 3. protect against and minimize the pollution and eutrophication of public drinking water supplies resulting from land development; 4. control nonpoint source pollution. erosion and sedimentation, and stream channel erOSIOn; Draft: 12/08/04 5. maintain the integrity of existing stream channels and networks for their biological functions, drainage, and natural recharge of groundwater; 6. functions; protect the condition of state waters for all reasonable public uses and ecological 7. provide for the long-term responsibility for and maintenance of stormwater management facilities and best management practices; tmà 8. facilitate the integration of storm water management and pollution control with other county ordinances, programs, policies, and the comprehensive plan~: and 9. momote the long:-term sustainabilitv of g:roundwater resources. (§ 7-1,6-18-75, § 2, 2-11-87, 3-18-92; § 19.1-4,9-29-77, art. I, § 1,7-11-90; § 19.2-2,6-19-91, § 2; § 19.3-3,2-11-98; Code 1988, §§ 7-1,19.1-4,19.2-2,19.3-3; Ord. 98-A(1), 8-5-98) State law reference-oVa. Code §§ 10.1-560 et seq., 10.1-603.1 et seq.. §10.1-2108. Article IV. Groundwater Assessments Sec. 17-400 Applicability. This article shall applv to the establishment of land uses that will relv on mivatelv owned wells serving: as the mimarv source of potable water and having: not more than two (2) connections (hereinafter. "individual wells") or central water supplies. as defined in Albemarle Countv Code S 16-101. The applicable requirements of this article are determined bv the development approval soug:ht bv the owner and the land uses within the development as follows: Develonment Annroval and Timin~ of Submittal for Reauired Assessment Assessment Reouired Prior to the issuance of a building: permit for a new structure on a lot of Tier 1 record less than twentv-one acres in size existing: prior to the effective date of this article that will be served bv one or more individual wells Prior to the issuance of a building: permit for a new structure: (1) on a lot of record created after the effective date of this article that is subiect to a Tier 2 or Tier 3 assessment that will be served bv one or more individual Tier 1 wells: or (2) associated with a use that is subiect to a Tier 3 or Tier 4 assessment that will be served bv one or more individual wells Prior to approval of a prelirninarv subdivision plat creating lots of less Tier 2 than twentv-one acres that will be served bv individual wells Prior to approval of a meliminarv subdivision plat creating four or more Tier 3 lots \vhere at least three lots are five acres or less Pri~r~oaQProval of a meliminarv site plan for a new n:õnrêšidënt1â1?Õi Tier 3 1'1ohäi!ÌièÚlturn1 use using less than 2.000 gallons/day (average) 2 · Draft: 12/08/04 Prior to apDroval of a Dreliminarv site plan for a new riöIÙ'esidèìÎtiålor Tier 4 nöriâQriêtiltûral use usinll more than 2.000 Ilallons/day (averalle) Prior to apDroval of any central water supply under chapter 16 of the Tier 4 Albemarle County Code The Dr02:ram authority may reauire that development approvals subiect to Tier 2 or Tier 3 assessments be subiect to Tier 3 or Tier 4 assessments. respectively. as proyided in sections 14- 402 and 17-403. If an owner sllbIIlitsa finalsllbdlvision plat or site DlåtÎ without first subrriittinll and obtaininll aDDroval ofa Dreliminarv subdivision Dlat or site Dlan.the assessment reQuired by section 17-402 shall bellin upon submittal of the final subdivision plat or site plan. and the assessment reQuired bv sections 17-403 or 17-404 shall be submitted by the owner with the final subdivision plat or site plan. Sec. 17-401 Tier 1 assessments. A Tier 1 assessment shall consist of the owner drillinll a well on the lot and submittin2: the followin2: information to the Drogram authority: (1) a Vif2:inia well drillin2: completion report (form GW-2) for each well drilled: and (2) the latitude and longitude coordinates of each well's location. The information submitted must be accepted as complete and accurate bv the Drogram authority Drior to issuance of the buildin2: permit. Sec. 17-402 Tier 2 assessments. A Tier 2 assessment shall consist of the program authority reviewing and eyaluating the county's well database. available hydro2:eolo2:ic studies. and information from the Vif2:inia Department of Health and the Vif2:inia Department of Enyironmental Ouality. as Drovided in chapter 5 of the desÏ!:m standards manual. Based on this evaluation. the pr02:ram authority may reQuire that the owner Droyide additional groundwater assessment data prior to subdivision plat or site plan approyal. or may reauire that a Tier 3 assessment be submitted. Sec. 17-403 Tier 3 assessments. A Tier 3 assessment shall consist of the following.:. A. The owner shall submit a draft groundwater managç:ment plan with the Dreliminary plat or site plan. The groundwater management plan shall comply with the reauirements for such plans in chapter 5 of the design standards manual. I f the 2:roundwater mana2:ement plan identifies special areas of concern. such as an off-site resource ofhi!lh groundwater sensitiyity or a preyiously unknown source of contamination. then the pro2:ram authority rnav reauire additional2:rolmdwater assessment datLprior to preliminary subdiyision plat or site plan approyal. B. The owner shall submit a final groundwater l1)anª-~ement plan that must be approyed bv the program authority prior to approval of the fioal12lat or site plan. .., -' Draft: 12/08/04 C. Anv structural measures (e. f!.. best manag:ement oractices) shall be bonded as a subdivision olat or site olan imorovement. The orOflfamauthOritvmavreBûirethata Tier 4aSSðssrndnt bðsûbrnítŒcl iIlstdåd ()få Tier 3 assessment ifthe'soecial areas of concern identified in 'subsection (A) have not been adeauatelv addressed bv the additional!!roundwater assessment data. Sec. 17-404 Tier 4 assessments. A Tier 4 assessment shall consist of the following:: A. The owner shall submit a draft g:roundwater mana!!ement olan and an aauifer testing: workolan comolving: with the reauirements for such olans in chaoter 5 of the desig:n standards manuaL with the oreliminarv olaL oreliminarv site olano or the aoolication for a central water suoolv. The g:roundwater manag:ement olan must demonstrate to the orog:ram authority's satisfaction that the site's g:rolmdwater conditions have been considered with the subdivision or site olan's layout and desig:n. The aauifer testing: workolan must be aooroved bv the orog:ram authority before the owner may conduct aauifer testing: as reQuired bv subsection (B). B. After the orog:ram authoritvaooroves the aQuifer testing: workolan. the owner shall conduct aQuifer testing: as orovided in the workolan. C. The owner shall submit a final g:roundwater mana!!ement olan and a g:roundwater assessment reoort comolving: with the reQuirements for such a reoort in chaoter 5 of the desig:n standards manuaL based uoon the results of the aQuifer testing:. The final g:roundwater manag:ement olan and the g:roundwater assessment reoort must be aooroved bv the orog:ram authority orior to final subdivision olat or site olan aoorovaL D. Anv structural measures (e. f!.. best manag:ement oractices) shall be bonded as a subdivision olat or site olan imorovement. Sec. 17-405 Fees. Each owner seeking: aooroval of a tier assessment reQuired bv this article shall oav a fee as orovided bv Albemarle County Code Q 18-35.0 and Albemarle County Code Q 14-203. as aoolicable. State law reference--Va. Code ~~ 15.2-2241(9).36-98. This ordinance shall be effective on and after February 8, 2005. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County. Virginia, by a vote of _ to _, as recorded below, at a regular meeting held on Clerk, Board of County Supervisors 4 Mr. Bowennan Mr. Boyd Mr. Dorrier Mr. Rooker Ms. Thomas Mr. Wyant Draft: 12/08/04 Aye Nay 5 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Groundwater Ordinance Public Hearing AGENDA DATE: December 8, 2004 ACTION: x INFORMATION: SU BJECT/PROPOSALlREQUEST: Public Hearing on proposed ordinances to implement the groundwater program CONSENT AGENDA: ACTION: INFORMATION: REVIEWED BY: ~ ( STAFF CONTACTCS): Tucker, Foley, Graham, Benish, Green ATTACHMENTS: Yes LEGAL REVIEW: Yes BACKGROUND: The current proposal for a groundwater ordinance and assessment standards has a long history, including: · Groundwater testing standards and the formation of a groundwater committee were explicitly listed as strategies in Chapter 2 of the Comprehensive Plan (1999). · The committee was formed in the fall of 2000 based on authorizations from both the Board and Planning Commission. The Committee produced its interim report, Underground Albemarle, on October 2001. . The Planning Commission held five work sessions throughout the process of developing the ordinance and standards, and held two public hearings (June 1 and August 10, 2004) to amend the relevant ordinances. The Board of Supervisors adopted resolutions of intent to amend the appropriate ordinances to adopt the groundwater program on September 3, 2003 and held five work sessions through the ordinance development process. · A public Roundtable review process was held early in 2004. The groundwater committee considered all public comments and made final recommendations for the groundwater standards. At the Commission's August 10, 2004 public hearing and work session, the Commission recommended approval of the program elements. The program requires amendments to the Water Protection, Zoning, and Subdivision ordinances. Attachments A, Band C are the recommended ordinance language for the Subdivision Ordinance, Water Protection Ordinance, and Zoning Ordinance. STRATEGIC PLAN: Goal 2.2: Protect andlor preserve the County's natural resources. DISCUSSION: At the Board's October 27, 2004 work session, staff presented the ordinance as recommended by the Planning Commission and discussed two concerns which the Board had identified at a July worksession. Those concerns were: 1. Should the standards be made more stringent by requiring Tier 4 assessments (aquifer and pump testing) for subdivisions plats of a certain size andlor density, and providing for certain plats to be rejected if some threshold of water yield could not be met, as determined by the test? 2. How does the proposed program prevent new wells on individual rural lots (not part of a newly platted division) from becoming contaminated from known petroleum releases, as happened in the Red Hill area in the early 1990's? Subsequent to the Board's July work session, staff consulted with the groundwater committee and several state agencies to get a recommendation on these concerns. Those recommendations were discussed and addressed at the October work session. Requirinq Aquifer Testinq for Certain Subdivision Plats In response to the concern raised by the Board, it was decided at the October work session to modify Section 17.403(A.) of the proposed ordinance, which addresses Tier 3 assessments, to allow for the requirement of a Tier 4 assessment if warranted. In addition, in the design standards for Tier 3 groundwater assessments, language also allows staff to require more stringent groundwater assessment data (including a Tier 4 assessment) where special areas of concern, such as a previously unknown source of contamination, are identified. Staff believes this approach provides adequate flexibility and allows the Groundwater Manager to require a more structured testing protocol when conditions warrant. Staff will plan on returning to the Board one year after the program is implemented to evaluate the effectiveness of this provision. Preventinq Contamination of Newly Drilled Wells on Rural Lots This issue involved coordination between the Virginia Department of Health (the agency that issues permits for wells) and the Virginia Department of Environmental Quality (the agency that investigates leaking tank incidents). This issue is recognized at the state-level, and the State Code was amended in 1998 to address it (Section 62.1-44.15:4.1). This Code section requires DEQ to notify VDH of any confirmed release or discharge of oil. In response to the code language, the two agencies have instituted a method of communication and coordination on underground storage tank investigations. DEQ updates the leaking tank list on a web site on a periodic basis, and VDH downloads the information for each district and makes it available to the sanitarians who issue well and septic permits. Staff recommends the Groundwater Manager monitor the existing protocol between DEQ and VDH and, after one year, advise the Board on any County actions needed to bolster communication or review to prevent a Red Hill type incident. Effective Date of Ordinance Staff recommends that the ordinance be effective sixty days after adoption. This delay will allow for the completion of the selection and training of the Groundwater Manager, who will be critical to the implementation of this ordinance. In addition, this time allows staff to ensure that the necessary changes are in the Design Manual, the modifications to the permitting process are in place, and staff has given the public adequate notice of what to expect with the new ordinance. That is intended to assure a smooth transition for our customers. RECOMMENDATIONS: Adopt the attached amendments to the Water Protection, Zoning, and Subdivision ordinances, to be made effective 60 days after adoption. ATTACHMENTS Attachment A: Amendment to the Subdivision Ordinance Attachment B: Amendment to the Water Protection Ordinance Attachment C: Amendment to the Zoning Ordinance 04.203 Attachment A Draft: 11/22/04 ORDINANCE NO. 04-14( ) AN ORDINANCE TO AMEND CHAPTER 14, SUBDNISION OF LAND, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA, ARTICLE II, ADMINISTRATION AND PROCEDURE, AND ARTICLE III, PLAT REQUIREMENTS AND DOCUMENTS TO BE SUBMITTED BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Article II, Administration and Procedure, and Article III, Plat Requirements and Documents to be Submitted, of Chapter 14, Subdivision of Land, are hereby amended and reordained as follows: By Amending: Sec. 14-203 Fees. By Adding: 14-308.1. Groundwater assessment information. Chapter 14 Subdivision of Land Article II. Administration and Procedure Sec. 14-203 Fees. Except as otherwise provided herein, each subdivider shall pay a fee upon submittal of a plat or other request provided herein, in an amount according to the schedule set forth below. The fee shall be in the form of cash or a check payable to the "County of Albemarle." Neither the County nor the School Board of Albemarle County shall be required to pay any fee required by this section if it is the applicant. A. Preliminary plat for subdivision: 1. If subject to review by the commission: (a) 1 to 9 lots: $720.00. (b) 10 to 19 lots: $1,100.00. (c) 20 or more lots: $1,330.00. 2. If subject to review by the agent: (a) Two-lot subdivision as described in section 14-232(B)(l) or if all lots front on an existing public street: $95.00. (b) 1 to 9 lots: $360.00. (c) 10 to 19 lots: $550.00. (d) 20 or more lots: $670.00. 3. Reinstatement of review: $65.00. 1 Attachment A Draft: 11/22/04 4. Each filing of a preliminary plat, whether or not a preliminary plat for the same property has been filed previously, shall be subject to the same requirements. B. Final plat for subdivision: 1. If subject to review by the commission: (a) 1 to 9 lots: $720.00. (b) 10 to 19 lots: $1,100.00. (c) 20 or more lots: $1,330.00. 2. If subject to review by the agent: (a) Two-lot subdivision as described in section 14-232(B)(1) or if all lots front on an existing public street: $95.00. (b) 1 to 9 lots: $360.00. (c) 10 to 19 lots: $550.00. (d) 20 or more lots: $670.00. 3. Condominium plat: $100.00. 4. Reinstatement of review: $65.00. 5. In addition to the foregoing, ifthe subdivider is required to construct a public street or a private road, he shall pay to the county a fee equal to the cost ofthe inspection of the construction of any such street or road. These fees shall be paid prior to completion of all necessary inspections and shall be deemed a part of the cost of construction of the street or road for purposes of section 14-413(B). C. Plat for rural division: $95.00. D. Plat for family division: $95.00. E. Other matters subject to review: 1. Waiver, variation or substitution of subdivision requirements: $180.00. 2. Relief from plat conditions imposed by commission prior to the date of adoption of this chapter: $180.00. 3. Appeal of plat to board of supervisors: $240.00. 4. Extension of plat approval: $45.00. 5. Request to defer action on plat to an indefinite date: $75.00. 2 Attachment A Draft: 11/22/04 6. Bonding inspection for plat: $60.00. 7. Vacation of plat or part thereof: $170.00. 8. Review of groundwater assessment infonnation reQuired bv section 14- 308.1: (a) Tier 2 assessment under section 17-402: $250.00 olus $25.00 oer lot. (b) Tier 3 assessment under section 17-403: $400.00 olus $25.00 oer lot. (c) Tier 4 assessment under section 17-404: $1.000.00. (9-5-96, 12-11-91,6-7-89,4-17-85, 12-1-82, 12-14-77,3-2-77, 11-10-76,8-28-74 (§ 3); 1988 Code, § 18-43; Ord. 98-A(1), 7-15-98; Ord. 99-14(1),6-16-99; Ord. 02-14(2), 7-3-02) State law reference-- V a. Code § 15.2-2241 (9). Article III. Plat Requirements and Documents to be Submitted Sec. 14-308.1 Groundwater assessment information. Groundwater assessments reQuired bv section 17-402 shall be initiated bv the oro!Zram authority uoon the submittal of the oreliminarv olat. The draft groundwater mana!Zement olans and aQuifer testin!Z workolans reQuired bv sections 17-403 and 17-404. as aoolicable. shall be submitted in coni unction with the submittal of the oreliminarv olat. The reQuirements of sections 17 -402. 17-403 and 17-404 shall be satisfied orior to final olat aooroval. State law reference- Va. Code § 15.2-2121. This ordinance shall be effective on and after February 8, 2005. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to _, as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Aye Nay Mr. Bowennan Mr. Boyd Mr. Domer Mr. Rooker Ms. Thomas Mr. Wyant 3 Attachment B Draft: 11/22/04 ORDINANCE NO. 04-17( ) AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA, BY AMENDING ARTICLE I, GENERAL, AND BY ADDING ARTICLE IV, GROUNDWATER ASSESSMENTS BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 17, Water Protection, is amended and reordained as follows: By Amending: Sec. 17-102 Purposes. By Adding: Sec. 17-400 Sec. 17-401 Sec. 17-402 Sec. 17-403 Sec. 17-404 Sec. 17-405 Applicability. Tier 1 assessments. Tier 2 assessments. Tier 3 assessments. Tier 4 assessments. Fees. Chapter 17 Water Protection Article I. General Sec. 17-102 Purposes. The board of supervisors finds that this chapter is necessary to protect the health, safety and general welfare of the citizens of the county and the Commonwealth of Virginia and to prevent water from being rendered dangerous to the health of persons living in the county, and is supported by the findings of watershed studies that have been conducted. Therefore, the specific purposes of this chapter are to: 1. inhibit the deterioration of state waters and waterways resulting from land disturbing activities; 2. protect the safety and welfare of citizens, property owners, and businesses by minimizing the negative impacts of increased stonnwater discharges from new land development and redevelopment; 3. protect against and minimize the pollution and eutrophication of public drinking water supplies resulting from land development; 4. control nonpoint source pollution, erosion and sedimentation, and stream channel erosIOn; 5. maintain the integrity of existing stream channels and networks for their biological functions, drainage, and natural recharge of groundwater; 6. functions; protect the condition of state waters for all reasonable public uses and ecological 1 Attachment B Draft: 11/22/04 7. provide for the long-tenn responsibility for and maintenance of stonnwater management facilities and best management practices; and 8. facilitate the integration of stonnwater management and pollution control with other county ordinances, programs, policies, and the comprehensive plan;: and 9. Dromote the long-tenn sustainabilitv of groundwater resources. (§ 7-1,6-18-75, § 2, 2-11-87, 3-18-92; § 19.1-4,9-29-77, art. I, § 1, 7-11-90; § 19.2-2,6-19-91, § 2; § 19.3-3,2-11-98; Code 1988, §§ 7-1, 19.1-4, 19.2-2, 19.3-3; Ord. 98-A(1), 8-5-98) State law reference--Va. Code §§ 10.1-560 et seq., 10.1-603.1 et seq., § 10.1-2108. Article IV. Groundwater Assessments Sec. 17-400 Aoolicabilitv. This article shall aDDlv to the establishment of land uses that will rely on Drivatelv owned wells servinQ: as the Drimarv source of Dotable water and havinQ: not more than two (2) connections (hereinafter. "individual wells") or central water sUDDlies. as defined in Albemarle County Code ~ 16-101. The aDDlicable reauirements of this article are detennined bv the develoDment aDDfoval souQ:ht bv the owner and the land uses within the develoDment. as follows: Develooment Aooroval and Timim! of Submittal for Reouired Assessment Assessment Reouired Prior to the issuance of a buildinQ: Dennit for a new structure on a lot of record less than twenty-one acres in size existinQ: Drior to the effective Tier 1 date of this article that will be served bv one or more individual wells Prior to the issuance of a buildinQ: Dennit for a new structure: (1) on a lot of record created after the effective date of this article that is subiect to a Tier 2 or Tier 3 assessment that will be served bv one or more Tier 1 individual wells: or (2) associated with a use that is subiect to a Tier 3 or Tier 4 assessment that will be served bv one or more individual wells Prior to aDDfoval of a Dfeliminarv subdivision Dlat creatinQ: lots of less Tier 2 than twenty-one acres that will be served bv individual wells Prior to aDDfoval of a Dfeliminarv subdivision Dlat creating four or more Tier 3 lots where at least three lots are five acres or less Prior to aDDfoval of a Dfeliminarv site Dlan for a new commercial or industrial use usinQ: less than 2.000 Q:allons/dav (averaQ:e) Tier 3 Prior to aDDfoval of a Dfeliminarv site Dlan for a new commercial or Tier 4 industrial use usinQ: more than 2.000 Q:allons/dav (average) Prior to aDDfoval of any central water sUDD1v under chaDter 16 of the Tier 4 Albemarle County Code 2 Attachment B Draft: 11/22/04 The DfO{ITam authority may reauire that develoDment aDDfovals subiect to Tier 2 or Tier 3 assessments be subiect to Tier 3 or Tier 4 assessments. resDectivelv. as Dfovided in sections 14- 402 and 17-403. Sec. 17-401 Tier 1 assessments. A Tier 1 assessment shall consist of the owner drillin!! a well on the lot and submittim!: the followin!! information to the DrO{ITam authority: (1) a Vif!!inia well drillin!! comDletion reDort (form GW-2) for each well drilled: and (2) the latitude and 10n¡Útude coordinates of each well's location. The information submitted must be acceDted as comDlete and accurate bv the DfO{ITam authority Drior to issuance of the buildin!! Dermit. Sec. 17-402 Tier 2 assessments. A Tier 2 assessment shall consist of the DfO{ITam authority reviewin!! and evaluatin!! the county's well database. available hvdro!!eolo!!ic studies. and information from the Vif!!inia DeDartment of Health and the Vir!!inia DeDartment of Environmental Qualitv. as Dfovided in chaDter 5 of the desÍ!:m standards manual. Based on this evaluation. the DfO{ITam authority may reauire that the owner Dfovide additional {IToundwater assessment data Drior to subdivision Dlat or site Dlan aDDfoval. or may reauire that a Tier 3 assessment be submitted. Sec. 17-403 Tier 3 assessments. A Tier 3 assessment shall consist of the followin!!: A. The owner shall submit a draft {IToundwater mana!!ement Dlan with the Dfeliminarv Dlat or site Dlan. The {IToundwater manaæment Dlan shall comDlv with the reauirements for such Dlans in chaDter 5 of the desÍ!:m standards manual. If the {IToundwater mana!!ement Dlan identifies sDecial areas of concern. such as an off-site resource ofhi!!h {IToundwater sensitivity or a Dfeviouslv unknown source of contamination. then the DfO{ITam authority may reauire additional {IToundwater assessment data Drior to Dreliminarv subdivision Dlat or site Dlan aDDfoval. B. The owner shall submit a final !!roundwater manaæment Dlan that must be aDDfoved bv the DfO{ITam authority Drior to aDDfoval of the final Dlat or site Dlan. C. Anv structural measures (e.í!.. best mana!!ement Dfactices) shall be bonded as a subdivision Dlat or site Dlan imDrovement. The DfO{ITam authority may reauire that a Tier 4 assessment be submitted instead of a Tier 3 assessment if the sDecial areas of concern identified in subsection (A) have not been adeauatelv addressed bv the additional {IToundwater assessment data. Sec. 17-404 Tier 4 assessments. A Tier 4 assessment shall consist of the followin!!: 3 Attachment B Draft: 11/22/04 A. The owner shall submit a draft 1IT0undwater mana2:ement Dlan and an aauifer testin2: workDlan comDlvin2: with the reauirements for such Dlans in chaDter 5 of the desÜm standards manual. with the Dfeliminarv DIaL Dfeliminarv site Dlan. or the aDD Ii cation for a central water sUDDlv. The 1IT0undwater mana2:ement Dlan must demonstrate to the Df02:ram authority's satisfaction that the site's 2:fOundwater conditions have been considered with the subdivision or site Dlan's layout and desi2:n. The aauifer testin2: workDlan must be aDDroved bv the Df02:ram authority before the owner may conduct aauifer testin2: as reauired bv subsection (B). B. After the DfOlITam authority aDDfoves the aauifer testin2: workDlan. the owner shall conduct aauifer testin2: as Dfovided in the workDlan. C. The owner shall submit a finallIToundwater mana2:ement Dlan and a 1IT0undwater assessment reDort comDlvin2: with the reauirements for such a reDort in chaDter 5 of the desÜm standards manual. based UDon the results of the aauifer testin2:. The finallIToundwater mana2:ement Dlan and the 1IT0undwater assessment reDort must be aDDfoved bv the DfOlITam authority Drior to final subdivision Dlat or site Dlan aDDfoval. D. Anv structural measures (e.{!.. best mana2:ement Dfactices) shall be bonded as a subdivision Dlat or site Dlan imDfovement. Sec. t 7-405 Fees. Each owner seekin2: aDDfoval of a tier assessment reauired bv this article shall Dav a fee as Dfovided bv Albemarle County Code ~ 18-35.0 and Albemarle County Code ~ 14-203. as aDDlicable. State law reference--Va. Code §§ 15.2-2241(9),36-98. This ordinance shall be effective on and after February 8,2005. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to _' as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Aye Nay Mr. Bowennan Mr. Boyd Mr. Domer Mr. Rooker Ms. Thomas Mr. Wyant 4 Attachment C Draft: 11/22/04 ORDINANCE NO. 04-18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE IV, PROCEDURE, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article IV, Procedure, are hereby amended and reordained as follows: By Amending: Sec. 31.2.2 Building pennits Sec. 35.0 Fees By Adding: Sec. 32.5. 7 Groundwater assessment infonnation Chapter 18. Zoning Article IV. Procedure Sec. 31.2.2 Building permits The zoning administrator shall review each application for a building pennit to ensure that the building or structure proposed is in accordance with the tenns ofthis ordinance. No pennit shall be issued for any construction for which a site development plan is required to be approved by the commission in accordance with section 32.0 of this ordinance chanter unless and until such plan shall have been so approved. Thereafter, any item shown on such plan as approved shall be deemed prima facie in accordance with the tenns of this ordinance. No nennit shall be issued for anv structure to be served bv an individual well subiect to a Tier 1 Qroundwater assessment under Albemarle Countv Code ~ 17-400 until the annlicant comnlies with Albemarle Countv Code ~ 17-401. Each applicant shall provide a copy of the most recent plat of record ofthe land to be built upon unless no such plat exists, in which case the applicant shall provide a copy of the most recent deed description thereof. Any other infonnation which the zoning administrator may deem necessary for consideration of the application may be required. If the proposed building or use is in confonnity with the provisions of this ordinance, a pennit shall be issued to the applicant by the zoning administrator. One (1) copy of the drawing shall be returned to the applicant with the pennit. Sec. 32.5.7 Groundwater assessment information The draft !IToundwater manaQement nlans and aQuifer testinQ worknlans reQuired bv Albemarle Countv Code ~~ 17-403 and 17-404. as annlicable. shall be submitted in coni unction with the submittal of the nreliminarv site nlan. The reQuirements of Albemarle Countv Code ~~ 17-403 and 17-404 shall be satisfied nrior to final site nlan annroval. 1 Attachment C Draft: 11/22/04 Sec. 35.0 Fees Except as herein otherwise provided, every application made to the zoning administrator, the commission, or the board of supervisors shall be accompanied by a fee as set forth hereinafter, to defray the cost of processing such application. Neither the County nor the School Board of Albemarle County shall be required to pay any fee required by this section if it is the applicant. a. For a special use pennit: 1. Rural area division for the purpose of "family division" where all original 1980 development rights have been exhausted under "family division" as defined under section 18-56 of the subdivision ordinance - $220.00. (Amended effective 1-1-94) 2. Rural area divisions - $1,240.00. 3. Commercial use - $980.00. 4. Industrial use - $1,020.00. 5. Private club/recreational facility - $1,020.00. 6. Mobile home park or subdivision - $980.00. 7. Public utilities - $1,020.00. 8. Grade/fill in the flood plain - $870.00. 9. Minor amendment to valid special use pennit or a special use pennit to allow minor expansion of a non-confonning use -$110.00. (Amended effective 1-1-94) 10. Extending special use pennits - $70.00. 11. Home Occupation-Class A - $13.00; Home Occupation-Class B - $440.00. 12. For day care centers - six (6) to nine (9) children- $490.00. (Added 6-3-92) 13. For day care centers - ten (10) or more children - $980.00. (Added 6-3-92) 14. All other uses except signs - $980.00. (Amended 7-8- 92) b. For amendment to text of zoning ordinance - $840.00. c. Amendment to the zoning map: 2 Attachment C Draft: 11/22/04 1. For planned developments - under 50 acres - $1,020.00. 2. For planned developments - 50 or more acres - $1,570.00. 3. For all other zoning map amendments - under 50 acres - $1,020.00. 4. For all other zoning map amendments - 50 or more acres - $1,570.00. 5. Minor amendment to a zoning map amendment - $220.00. d. Board of Zoning Appeals: 1. Request for a variance or sign special use permit - $120.00. (Amended 7-8-92) 2. For other appeals to the board of zoning appeals (including appeals of zoning administrator's decision) - $120.00, to be refunded if the decision of the zoning administrator is overturned. e. Preliminary site development plan: 1. Residential- $1,190.00, plus $13.00/unit. 2. Non-residential- $1,580.00, plus $13.0011000 square feet. f. Final site development plan: 1. Approved administratively - $410.00. 2. If reviewed by the commission before approval of preliminary site development plan - $1,130.00. 3. If reviewed by the commission after approval of the preliminary site development plan - $790.00. 4. For site development plan waiver - $270.00. 5. For site development plan amendment: a) Minor - alterations to parking, circulation, building size, location -$95.00. b) Major - commission review - $270.00. 6. Review of site development plan by the architectural review board - $200.00. 7. Appeal of site development plan to the board of super visors - $240.00. 3 Attachment C Draft: 11/22/04 8. Rehearing of site development plan by commission or board of supervisors - $190.00. 9. Rejection by agent of incomplete site development plan: a) Rejected within ten days - $200.00. b) Suspended after site plan review - site plan fee shall not be refunded. $65.00 fee shall be required to reinstate project. g. For relief from a condition of approval from commission or landscape waiver by agent - $180.00. h. Change in road or development name after submittal of site development plan: 1. Road - $20.00. 2. Development - $25.00. 1. Extending approval of site development plan - $45.00. J. Granting request to defer action on site development plan, special use permit or zoning map amendment: 1. To a specific date - $35.00. 2. Indefinitely - $75.00. k. Bond inspection for site development plan, for each inspection after the first bond estimate - $60.00. 1. Zoning clearance - $35.00. m. Accessory lodging permits - $35.00. n. Official Letters: 1. Of determination - $75.00. 2. Of compliance with county ordinances- $75.00. 3. Stating number of development rights - $40.00. o. Sign Permits: 4 Attachment C Draft: 11/22/04 1. Any sign, except exempted signs and signs requiring review by the architectural review board - $35.00. 2. Signs required to be reviewed by the architectural review board - $75.00. D. Review of IIToundwater assessment information reauired bv sections 31.2.2 or 32.5.7: 1. Tier 1 assessment under Albemarle Countv Code ~ 17-401 - $50.00. 2. Tier 3 assessment under Albemarle Countv Code ~ 17-403 - $400.00 Dlus $25.00 Der lot. 3. Tier 4 assessment under Albemarle Countv Code ~ 17-404 - $1.000.00. In addition to the foregoing, the actual costs of any notice required under Chapter 22, Title 15.2 of the Code shall be charged to the applicant, to the extent that the same shall exceed the applicable fee set forth in this section. Failure to pay all applicable fees shall constitute grounds for the denial of any application. For any application withdrawn after public notice has been given, no part of the fee will be refunded. (Amended 5- 5-82; 9-1-85; 7-1-87; 6-7- 89; 12-11-91 to be effective 4-1-92; 7- 8-92) (§ 35 0 12-10-80' 5-5-82' 9-1-85' 7-1-87' 6-7-89' 12-11-91 to be effective 4-1-92' 7- 8-92' * to . , , , , , , , , be effective 1-1-94; Ord. 02-18(4), 7-3-02) This ordinance shall be effective on and after February 8,2005. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to _, as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Aye Nay Mr. Bowerman Mr. Boyd Mr. Dorrier Mr. Rooker Ms. Thomas Mr. Wyant 5 Advocates for a Sustainable Albemarle Population (ASAP) Statement to the Albemarle County Supervisors, December 8, 2004 Proposed Groundwater Assessment Ordinance I'm Jack Marshall, a resident of White Hall District, but speaking to you as President Advocates for a Sustainable Albemarle Population. ASAP, now representing hundreds of paid members, is pleased to add its enthusiastic support for the proposed Groundwater Assessment Ordinance, and our thanks to the Committee and staff members who worked to prepare it. Testing to ensure that there is adequate groundwater before a building permit is issued is an entirely reasonable and commonsense requirement to place on the developer, and an effective way to provide valuable community-wide data. Moreover, it's a step toward acknowledging that development in our rural areas has to take into account the limits of our natural resources. There are, indeed, limits to growth. This ordinance recognizes one of the most obvious environmental constraints - the availability of enough water for each proposed new house. We would be even more enthusiastic about this ordinance if it focused not just on the need to test whether there's enough water for each individual new household, but if it also required a look at the quality of water, and measured each new well's effect at a community level. Perhaps when this ordinance is revisited in a year, as you plan to do, you could consider expanding it to include an assessment of the impact of each proposed new well on the quantity of water availability to neighboring parcels. No parcel in the Rural Area is an island; each new residence influences other parcels and households as it drills wells, builds septic fields, affects the view shed, adds to traffic, and so forth. As more and more development occurs in Albemarle County - as you know, we're on track to double our population in about 30 years - we've got to give more attention to how each new residence influences our existing homes, and what the cumulative effect of many developments is on our environment and quality of life. This ordinance - though it doesn't deal with the big picture - is nevertheless a good first step, and we hope you' Il approve it. ';:~CEIVED AT BaS MEETH,c~, Data: /o1//ftç/ , , Agenda Item #I: ./ ~ Ce'!<"s Ini1iaI3:~."_. _________..... Lea ue of Women Voters of Charlottesville and Albemarle County LWV 1936 Arlington Boulevard Room 116, Charlottesville, VA 22903-1559 phone: 434-970-1707 http://avenue.orgllwv Iwv@avenue.org fax: 434-970-1708 To: From: Re: Date: Albemarle County Board of Supervisors League of Women Voters Groundwater Ordinance December 8, 2004 The League of Women Voters has often urged the County to develop measures that will better protect and support sustainability of our groundwater resources. We have all come to recognize with great clarity the importance of groundwater, not only as the source of water for human uses in the rural areas, but also as an essential component of surface water recharge and of healthy ecosystems that support all life. In developing the groundwater ordinance, the County has created the means to achieve the goals of stewardship and sustainability expressed in the Comprehensive Plan. The groundwater assessments required by the amendments to Chapters 17, 14 and 18 will provide long tenn benefits to the County. They will help us manage our water resources better on an ongoing basis. Information gained from application of the standards will also build up the database needed for wise water and land use decisions in the future. We see the required drilling and assessments as an immediate benefit to developers and future homeowners as well, since they give greater indication of a safe, adequate supply of water before the first brick is laid. As the tiered approach is based on proposed land uses, size of development and special attention to groundwater sensitivity areas, it assigns responsibility to land developers in an appropriate and fair way. The allowance for program administrators to require a higher tier if there is evidence to support it (for example, from the Health Department or Department of Environmental Quality) is an important strengthening of the ordinance. We look forward to greater County oversight of groundwater issues and improved communication among agencies that deal with groundwater. The League sees the proposed groundwater ordinance as a giant step forward in promoting sustainability, and we heartily support its passage, and implementation of the assessment standards. nECEIVED AT 80S MEETING Date: / ..1' / cI' At ~ Agenda Item II: /..; ('!"·k·"'·t·'· ~ ,.(....> nlla s. Proposed Groundwater Ordinance and Assessment Standards Statement to the Albemarle County Board of Supervisors December 8, 2004 My name is John Foster and I represent the Piedmont Environmental Council. The PEC was created in 1972 to protect the rural landscape of the Piedmont. In partnership with Albemarle County landowners, the Virginia Outdoors Foundation and other individuals and organizations, over 42,300-acres of the County is permanently protected under conservation easement. In the PEe's nine-county region, this total is almost 190,000 acres: an area larger than the Shenandoah National Park. The PEC supports adoption of the recommended Groundwater Ordinance and Assessment Standards. The County must take this first step towards better understanding our groundwater resources and their limitations. Water is the source of all life. We rely upon it. Our crops and livestock rely upon it. Our plants, trees and wildlife rely on it. Our fragile ecosystem relies upon it. Unfortunately, groundwater is too often viewed as an isolated resource and singularly affected only by the demands of the development directly above it. Too often, we accept that myth that groundwater is unrelated to the flow of our rivers and streams. As we learned during the last drought, groundwater and surfacewater are not unlimited resources. Hydroligists and geologists have told us the hydrological cycle cannot be broken into discrete, unrelated segments. We have groundwater because it rains. Our streams and rivers flow because of groundwater. Water evaporates off of our rivers and lakes giving us the clouds and, completing the cycle, the rain. We know that if Ie disrupt the groundwater recharge areas, we will disrupt the cycle. We know that if we stress the capacity of the groundwater resource, the volume flowing in our rivers and streams-and into our reservoirs-will decline. The water resources serving the Growth Area, the City and the Rural Area are all related. This relationship remains even if we reduce our reliance on local reservoirs and use the same water from further downstream in the James River. These proposed assessment standards are critical to collecting the data necessary for a clearer picture of the capacity limitations of our local water resources. These standards are necessary to develop protection measures for current residents who rely on their wells. Though common sense suggests that no development should occur where adequate water cannot be located, these standards are not intended to limit or even stop development. However, as our Rural Area slowly transforms into suburbia, these standards are necessary to begin evaluating when-or, even, if--demand might exceed the capacity of this community's ground and surfacewater resources. Thank you. ~.f_ RECEIVED AT 80S MEETfNG Date: /~//ft~ Agenda Item ,: / c.? C/Ðrk's Initials: 1'/ . RESOLUTION TO AUTHORIZE ACQUISITION OF PROPERTY WHEREAS, the County of Albemarle and the City of Charlottesville desire to acquire a certain property within the City for the purpose of providing public space for court house facilities and related offices; and WHEREAS, an agreement for the acquisition for property located at 417-419 Park Street in the City of Charlottesville has been negotiated and presented to the Board of Supervisors for its consideration. NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby authorizes the County Executive to execute the Agreement for Purchase and Sale of Real Property and for a Temporary Construction Easement between R. Franklin and Hay L. Hardy and the City of Charlottesville and the County of Albemarle for approximately 2,640 square feet of property located at the rear of 417 - 419 Park Street in the City of Charlottesville, and to execute all other documents necessary to purchase and accept ownership or easements of the property on behalf of the County. 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, Virginia, by a vote of six to zero, as recorded below, at a regular meeting held on December 8.2004. -. /\ -'/ ~ t-vL.//1. rs Mr. Bowerman Mr. Boyd Mr. Domer Mr. Rooker Ms. Thomas Mr. Wyant Aye Nay y y y y y y