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Home My WebLink About2004-11-10 BOARD OF SUPERVISORS FIN A L NOVEMBER 10, 2004 COUNTY OFFICE BUILDING 4:00 P.M., MEETING ROOM 235 1 . Call to Order. 2. Work Session: North Pointe. 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. SP-2004-00044. Albemarle Ballet Theatre (SiGns #52&63), Public hearing on a request to allow priv ballet school in accord w/Sec 22.2.2.6 of Zoning Ord which allows for private schools in C-1 Dist. TM 56A 1-1, P 65, contains 1.208 acs. Znd C-1. Loc on Rt 240 (Three Notched Rd) at intersec of Three Notched Rd & Rt 810 (CrozetAve). White Hall Dist. 10. SP- 2004-0045. Charlottesville First Assemblv (Sian #65). Public hearing on a request to amend existing SUP to allow expansion of the church use in accord w/Sec 15.2.2.12 of the Zoning Ord. TM 61, P 153A1. Znd R-4 and contains 4.71 acs. Loc on Rt 631 (E Rio Rd) between CATECH & Raiload bridge. Rio Dist. 11. SP 2004 0040. Mount Fair FaFm. Appeal of Program /\uthority deGicion eisappr-ÐJJing ctream buffer f:Ji&turBances, pUF&usnt to the Water ProtoGtion OrdinanGe, SeGtioR 17 311. (Remove from agenda.) 12. From the Board: Matters Not Listed on the Agenda. 13. Adjourn to November 11, 2004, 11 :45 a.m. CONSENT AGENDA FOR APPROVAL: 8.1 Approval of Minutes: July 14 and September 8, 2004. BOARD OF SUPERVISORS TENTATIVE NOVEMBER 10, 2004 COUNTY OFFICE BUILDING 4:00 P.M., MEETING ROOM 235 1 . Call to Order. 2. Work Session: North Pointe. 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. SP-2004-00044. Albemarle Ballet Theatre (Sians #52&63). Public hearing on a request to allow priv ballet school in accord wlSec 22.2.2.6 of Zoning Ord which allows for private schools in C-1 Dist. TM 56A 1-1, P 65, contains 1.208 acs. Znd C-1 . Loc on Rt 240 (Three Notched Rd) at intersec of Three Notched Rd & Rt 810 (Crozet Ave). White Hall Dist. 10. SP- 2004-0045. Charlottesville First Assembly (Sian #65). Public hearing on a request to amend existing SUP to allow expansion of the church use in accord w/Sec 15.2.2.12 of the Zoning Ord. TM 61, P 153A1. Znd R-4 and contains 4.71 acs. Loc on Rt 631 (E Rio Rd) between CA TECH & Raiload bridge. Rio Dist. 11. SP-2004-0040. Mount Fair Farm. Appeal of Program Authority decision disapproving stream buffer disturbances, pursuant to the Water Protection Ordinance, Section 17-311 . 12. From the Board: Matters Not Listed on the Agenda. 13. Adjourn to November 11, 2004, 11 :45 a.m. BOARD OF SUPERVISORS FIN A L NOVEMBER 10, 2004 COUNTY OFFICE BUILDING 4:00 P.M., MEETING ROOM 235 1 . Call to Order. 2. Work Session: North Pointe. 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. SP-2004-00044. Albemarle Ballet Theatre (Sians #52&63). Public hearing on a request to allow priv ballet school in accord w/Sec 22.2.2.6 of Zoning Ord which allows for private schools in C-1 Dist. TM 56A 1-1, P 65, contains 1.208 acs. Znd C-1. Loc on Rt 240 (Three Notched Rd) at intersec of Three Notched Rd & Rt 810 (Crozet Ave). White Hall Dist. 10. SP- 2004-0045. Charlottesville First Assembly (Sian #65). Public hearing on a request to amend existing SUP to allow expansion of the church use in accord w/Sec 15.2.2.12 of the Zoning Ord. TM 61, P 153A 1. Znd R-4 and contains 4.71 acs. Loc on Rt 631 (E Rio Rd) between CATECH & Raiload bridge. Rio Dist. 11. SP 2004 0040. Mount Fair FaFm. Appeal of Pregram !\uthoFity doGicion disapprO'JÌAg stream buffer di&turbaRces, pUFSuant to tho Water ProtoGtien Ordinance, SeGtion 17 311. (Remove from agenda.) 12. From the Board: Matters Not Listed on the Agenda. 13. Adjourn to November 11, 2004,11:45 a.m. CONSENT AGENDA FOR APPROVAL: 8.1 Approval of Minutes: July 14 and September 8, 2004. BOARD OF SUPERVISORS TENTATIVE NOVEMBER 10, 2004 COUNTY OFFICE BUILDING 4:00 P.M., MEETING ROOM 235 1 . Call to Order. 2. Work Session: North Pointe. 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. SP-2004-00044. Albemarle Ballet Theatre (Sians #52&63). Public hearing on a request to allow priv ballet school in accord wlSec 22.2.2.6 of Zoning Ord which allows for private schools in C-1 Dist. TM 56A1-1, P 65, contains 1.208 acs. Znd C-1. Loc on Rt 240 (Three Notched Rd) at intersec of Three Notched Rd & Rt 810 (CrozetAve). White Hall Dist. 10. SP- 2004-0045. Charlottesville First Assembly (Sian #65). Public hearing on a request to amend existing SUP to allow expansion of the church use in accord w/Sec 15.2.2.12 of the Zoning Ord. TM 61, P 153A1. Znd R-4 and contains 4.71 acs. Loc on Rt 631 (E Rio Rd) between CATECH & Raiload bridge. Rio Dist. 11 . SP-2004-0040. Mount Fair Farm. Appeal of Program Authority decision disapproving stream buffer disturbances, pursuant to the Water Protection Ordinance, Section 17-311. 12. From the Board: Matters Not Listed on the Agenda. 13. Adjourn to November 11, 2004, 11 :45 a.m. CONSENT AGENDA FOR APPROVAL: 8.1 Approval of Minutes: July 14 and September 8, 2004. ACTIONS Board of Supervisors Meeting of November 10,2004 November 16, 2004 AGENDA ITEM/ACTION ASSIGNMENT 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: North Pointe. Elaine Echols/Mark Graham: Proceed as · ADOPTED the following policy to limit the use directed. of developer initiated CDAs to the following situations: 1. Projects implementing an approved master plan that is part of the County's Comprehensive Plan; and 2. Exceptional projects that are only considered either after all zoning is in place or contemporaneous with the rezoning and which demonstrate that a CDA is necessary to accomplish the infrastructure improvements for that area that are consistent and necessary to implement the Comprehensive Plan. · CONSENSUS that the applicant finalize the North Pointe plan and associated proffers, and coordinate a date with staff for the public hearing. 3. Recess. · The Board recessed at 5:40 p.m. 4. Reconvene. · Meeting was called back to order at 6:00 p.m., by the Chairman. All BOS members were present. Also present were Bob Tucker, Larry Davis, Wayne Cilimberg and Ella Carey. 7. From the Public: Matters Not Listed on the Agenda. · Mr. Tom Loach, a resident of Crozet, said he would like to volunteer to serve on a committee to look at land use taxation, if the Board appoints such a committee. He asked that the taxpayers have adequate representation on such a committee. With regard to CDAs, he expressed concern about a two-tiered taxing system in the County. He believes the Board needs to make sure the development benefits the public and the CDA within the development is a benefit to the County. 9. SP-2004-00044. Albemarle Ballet Theatre (Siems Clerk: Set out conditions of approval. #52&63). (Attachment 1) · APPROVED SP-2004-00044, by a vote of 6:0, subject to the five conditions recommended by the Planning Commission. 10. SP- 2004-0045. Charlottesville First Assembly Clerk: Set out conditions of approval. (Sign #65). (Attachment 1) · APPROVED SP-2004-00045, by a vote of 6:0, subject to the four conditions recommended by the Planning Commission, with condition #4 amended at the Board meetinQ. 11. SP-2004-0040. Mount Fair Farm. Appeal of Program Authority decision disapproving stream buffer disturbances, pursuant to the Water Protection Ordinance, Section 17 311. · REMOVED from agenda. 12. From the Board: Matters not Listed on the Agenda. Sally Thomas: · stated that V ACO's Annual Conference at the Homestead was a success. · said she and a number of other people from the Planning District will be serving on a committee, appointed by JABA, to look at implementing JABA's 2020 Plan. · said the High Growth Coalition will be forwarding a request to fund a part time executive position. David Bowerman: · reported that VDOT made a good presentation at the V ACO conference. The Secretary of Natural Resources chaired a committee that looked at water resource regulations. (A copy of the report has been forwarded to Board members.) Dennis Rooker: · said at its meeting on Monday, November 8, the MPO received a letter from the 5C's requesting that the MPO consider appointing a committee to make recommendations on funding transportation improvements that are not being funded by the State. The MPO passed a motion to appoint a committee to immediately begin meeting and bring back specific recommendations. Ken Boyd: Wayne CilimberQ: Provide update. · mentioned a proposal to complete the buildout of Briarwood Subdivision that is currently going through the County development process system. He asked that staff be directed to bring this forward without holding it up in the process. Following some discussion, Mr. Tucker suggested staff provide the Board with the status of the project at the December 1 Board meeting. · ADOPTED a resolution authorizing the County Executive to accept certain properties within the Clerk: Forward signed resolution to County County by gift from Robert and Patricia Byrom Attorney's office. (Attachment 2) for the purpose of providing a public forest County Attornev: Provide Clerk's office with preserve park and to execute an agreement copy of executed agreements. with the Big Eight Hunt Club which has rights to use the property. · At 6:41 p.m., the Board went into Closed Session in Meeting Room 235, pursuant to § 2.2-3711 (A) of the Code of Virginia, under subsection 5 to discuss a prospective business 10catinQ in the County; under subsection 7 to 2 discuss with legal counsel and staff specific legal issues regarding an interjurisdictional agreement; and under subsection 7 to consult with legal counsel and staff regarding pending litigation. · The Board reconvened into open session at 7:40 p.m., and certified the closed session. · ADOPTED resolution requesting VDOT Clerk: Forward signed resolution and Industrial Access funds and to authorize the acknowledgement form to Jack Kelsey with County Executive to sign the VDOT State copy to County Attorney's office. (Attachment Environmental Review Process (SERP) 3) Acknowledament form. 13. Adjourn to November 11,2004, 11:45 a.m., COB-51n Street. · At 7:45 p.m., the meeting was adjourned to November 11,2004, 11 :45 a.m., for a luncheon meeting with Charlottesville City Council. Joint Luncheon Meeting with City Council of November 11, 2004 1 . Call to Order. · Meeting was called to order at 12:17 p.m., by the Chairman, Mr. Dorrier, and Mayor, Mr. Brown. All BOS and City Council members were present. 3. Discussion of Water Supply Issues by Board and Council. · CONSENSUS that the Chairman and Mayor meet to consider the suggestion regarding restructuring the Rivanna Authorities (RWSA and RSW A), specifically as they relate to local government elected officials serving on those boards. · Mr. Lynch also suggested looking into the possibility of combining the RWSA, ACSA and City water and sewer service into one entity. 4. Discussion of Transportation Issues by Board and Council. · Expressed support of the MPO's formation of an ad hoc committee, comprised of community and business leaders, to take a look at prioritizing road projects and suggesting different fundinQ oDtions. 5. Adjourn. · The meetinQ was adjourned at 1 :35 D.m. /ewc Attachment 1 - Conditions of Approval Attachment 2 - Resolution to authorize acquisition of property - Robert and Patricia Byrom Attachment 3 - Resolution requesting VDOT Industrial Access funds 3 ATTACHMENT 1 CONDITIONS OF APPROVAL SP-2004-00044. Albemarle Ballet Theatre (Signs #52&63). Public hearing on a request to allow priv ballet school in accord w/Sec 22.2.2.6 of Zoning Ord which allows for private schools in C-1 Dist. TM 56A1-1, P 65, contains 1.208 acs. Znd C-1. Loc on Rt 240 (Three Notched Rd) at intersec of Three Notched Rd & Rt 810 (Crozet Ave). White Hall Dist. 1. The total number of students attending classes on site shall not exceed twenty-four (24) at any given time; 2. Classes shall be staggered so that no class begins or ends within fifteen (15) minutes of the beginning or ending of another class; 3. Normal hours of operation for the school shall be from 9:00 a.m. to 9:00 p.m. provided that occasional school-related events may occur after 9:00 p.m.; 4. The parking spaces required for this use shall not be reserved; and 5. On site recitals shall be held on Sundays only. SP- 2004-0045. Charlottesville First Assembly (Sign #65). Public hearing on a request to amend existing SUP to allow expansion of the church use in accord w/Sec 15.2.2.12 of the Zoning Ord. TM 61, P 153A 1. Znd R-4 and contains 4.71 acs. Loc on Rt 631 (E Rio Rd) between CA TECH & Raiload bridge. Rio Dist. 1 . The church's improvements and the scale and location of the improvements shall be developed in general accord with the concept plan entitled "Charlottesville First Assembly Minor Amendment to Valid Special Use Permit" prepared by Terra Partners, LLC and dated July 19, 2004; (the "concept plan"), as further modified as required by conditions 3 and 4; 2. Day care use shall be prohibited unless approved through a special use permit amendment; 3. The owner shall reserve the proposed right-of-way for dedication for public use upon demand by the County that is identified on the plan modified by Jack Kelsey, attached hereto. The site plan shall show the reserved right-of-way and include the following note: "Right-of-way reserved for dedication for public use upon demand by the County"; and 4. The owner shall plant and maintain six (6) additional shade trees in the front portion of the parking lot to further buffer the visual impact of the parking lot along Rio Road and to address the urban heat island dynamic. At least two (2) of the six (6) trees shall be planted in the center of the first full row of parking parallel to Rio Road. The remaining trees shall be placed in the area between Rio Road and the parking lot to augment the street trees shown on the plan. 4 ATTACHMENT 2 RESOLUTION TO AUTHORIZE ACQUISITION OF PROPERTY WHEREAS, the County of Albemarle desires to accept certain properties within the County by gift from Robert M. Byrom and Patricia A. Byrom for the purpose of providing a public forest preserve park; and WHEREAS, all necessary agreements for the acquisition of said properties have been made 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 following Agreements and all other documents necessary to acquire Tax Map Parcels 6-16, 6-28D, and 6-29 in the County of Albemarle: 1. Deed of Gift from Robert M. Byrom and Patricia A. Byrom dated November 1, 2004 conveying Tax Map Parcels 6-16, 6-28D, and 6-29 in the County of Albemarle; 2. Agreement between the County of Albemarle and the Big Eight Hunt Club for the Hunt Club's continued use, subject to certain conditions, of Tax Map Parcels 6-16, 6-28D, and 6-29 in the County of Albemarle; 5 ATTACHMENT 3 RESOLUTION WHEREAS, the University Real Estate Foundation (UREF) desires to facilitate the industrial development of property located in the County of Albemarle; and WHEREAS, this property is expected to be the site of new private capital investment in land, building, and manufacturing equipment which will provide substantial employment; and WHEREAS, the subject property has no access to a public street or roadway and will require the construction of a new roadway which will connect to the intersection of Quail Run (Route 1666) and Lewis and Clark Drive (Route 1571); and WHEREAS, the County of Albemarle hereby guarantees that the necessary environmental analysis, mitigation and right of way for this new roadway and utility relocation Or adjustments, if necessary, will be provided at no cost to the Virginia Department of Transportation; and WHEREAS, the County of Albemarle acknowledges that the State Environmental Review Process (SERP) must be completed prior to any construction activity on this project as a condition of the use of the Industrial, Airport and Rail Access Fund. WHEREAS, the County of Albemarle hereby guarantees that all ineligible project costs and any other costs not justified by eligible capital outlay will be provided from sources other than the Industrial, Airport and Rail Access Fund. NOW, THEREFORE, BE IT RESOLVED that the County of Albemarle Board of Supervisors hereby requests that the Commonwealth Transportation Board provide financing from the Industrial, Airport and Rail Access Fund to provide an adequate road to this property; and BE IT FURTHER RESOLVED that the County of Albemarle hereby agrees to provide a surety or bond, acceptable to and payable to the Virginia Department of Transportation, in the full amount of the cost of the road; this surety shall be exercised by the Department of Transportation in the event that sufficient qualifying capital investment does not occur on tax map parcel 32-6A within five years of the Commonwealth Transportation Board's allocation of funds pursuant to this request. BE IT FURTHER RESOLVED that the County of Albemarle Board of Supervisors hereby agrees that the new roadway so constructed will be added to and become a part of the road system of the Secondary System of Highways. 6 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: North Pointe Worksession AGENDA DATE: November 10, 2004 SU BJECT/PROPOSALlREQU EST: Solicit Board recommendation on North Pointe plan alternatives and associated proffers ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: LEGAL REVIEW: Yes REVIEWED BY: ~ f STAFF CONTACTCS): Tucker, Foley, Davis, Graham, Echols ATTACHMENTS: Yes BACKGROUND: The purpose of this worksession is to determine if the Board supports the applicant's proposed Community Development Authority (CDA) that would be used to fund development costs. This CDA is referred to as the "Development CDA" in this executive summary. It is important to note that the purpose of this worksession is not to provide direction on the proposed rezoning or special use permit. At this time, the applicant has received staff comments on the original plan and proffers, but is awaiting direction on the Development CDA before finalizing his plan. At the October 6th Board meeting, staff presented an analysis of the project with two different plans and proffers. The first plan proposes the project with a proffer to petition and consent to a CDA formed by the County, similar to other recent rezonings. This plan is referred to as the "County CDA'" plan. That CDA would allow the County to assess the commercial property in North Pointe for the purpose of funding needed infrastructure in the area, such as Route 29 improvements. The second plan has a different CDA and is referred to as the "Development CDA" plan. That plan would eliminate the above described County CDA and replace it with a CDA the developer would use to finance development costs. The applicant's position is that this CDA allows him to provide additional infrastructure important to the County. At the October 6th worksession, staff and the applicant presented significant differences in their evaluations of those plans. At the direction of the Board, staff and the applicant have diligently worked over the last month to see where those differences could be resolved and "agree to disagree" on the remaining issues. Staff and the applicant have used the attached summary table for communicating positions on the significant issues on the CDAs and associated plans. At this point, staff believes those differences have been reduced to the extent possible and resolution of the remaining differences can only be accomplished by the Board. Finally, staff would note the plan changes and consideration of the CDA has not altered its recommendation for denial of the rezoning. Both staff and the Planning Commission have made a recommendation for denial of the project. 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: Staff is presenting a summary of each plan with issues that staff recommends be addressed prior to the Board acting on that plan, followed by its analysis of the project with the Development CDA. County CDA Plan This is actually the second plan proposed by the applicant and represents the applicant's stated position rather than an actual plan and proffers. A completed plan and proffers have never been submitted for this alternative and the alternative has not been reviewed by the Planning Commission. The applicant indicates this is the plan that would be brought forward if the Board decides against supporting his proposed Development CDA. Staff notes this plan removes the Northwest Passage AGENDA TITLE: North Pointe Worksession November 10, 2004 Page 2 property (Virginia Land Trust and Edward Jackson estate) and would not complete Northwest Passage to Route 29. When compared to the original submission reviewed by the Planning Commission, this plan would add an additional 25,000 square feet of commercial building by changing the library site to a commercial building and eliminate approximately 200 residential units that were planned along the Northwest Passage property. All of the remaining use is unchanged. This property change eliminates the northernmost entrance on Route 29 where Northwest Passage intersects Route 29, which is opposite the North Fork Research Park. Staff considers Northwest Passage important to completing the street network in this area. Additionally, this plan replaces the library with a commercial use building and eliminates some of the proposed northbound Route 29 improvements. In referring to the attached "County CDA" table, staff notes the following as important considerations with this plan: · The applicant has now agreed to provide the elementary school site instead of a residential unit contribution. Staff considers this an important contribution for the development. · The applicant has agreed to provide an affordable housing proffer. Staff notes the applicant is currently reworking the proffer but discussions suggest the proffer will be consistent with the prior proffer. Both staff and the County Attorney expressed concern with the form and content of the prior proffer. · The applicant has agreed to complete 3rd lane improvements on Route 29, both northbound and southbound, between Airport Road and Northside Drive. However, the applicant is unwilling to commit to a completion date for the 3rd lane, both northbound and southbound, from the southern entrance to Airport Road. Staff considers this a plan deficiency. · The applicant has agreed to petition the County and consent to creation of a CDA for the commercial property that the County could use to address infrastructure impacts. Staff considers this an important contribution to the County. · The applicant has agreed to complete the essential street network in the development as part of the initial commercial development. This includes North Pointe Boulevard, Northside Drive and the associated Route 29 improvements listed in the proffers, and the Leake Road / Proffit Road improvements listed in the proffers. Staff considers this an important step towards addressing impacts created by the development. · The applicant has agreed to provide $25,000 towards the planned regional transportation study. Staff continues to believe a $100,000 contribution would be consistent with the recent rezonings along Route 29. · The applicant has agreed to provide stormwater management for the properties draining to the regional basin / lake in North Pointe. Staff considers this an important contribution for the project. . Despite the efforts at resolving differences between staff and the applicant, staff believes there are still deficiencies that need to be addressed before the Board considers this plan: Those include: 1. Staff remains concerned that the applicant has not made a time commitment for completing all of the Route 29 improvements from Airport Road through Northside Drive and recommends this be completed within five years of the construction of the Northside Drive entrance. The applicant has offered to limit the commercial development to no more than 290,000 square feet until all of those improvements are completed and expresses concern that part of those improvements will require an expensive modification to the southbound lanes. The applicant also notes this same improvement was proffered as part of the North Fork development, but has never been completed. Staff appreciates this concern and hopes the applicant and the North Fork developer can find a cost sharing arrangement, but notes that without this improvement, traffic on Route 29 will have a fluctuating number of lanes. Within two miles, Route 29 will go from 2 lanes to 3 lanes to 2 lanes to 3 lanes to 2 lanes. While VDOT has not expressed safety concerns with this arrangement, staff considers this a deficiency. Also, staff believes this would accentuate a public perception of substandard infrastructure and will create a demand for the County to become responsible for this deficiency. 2. Staff believes Northwest Passage is a needed connection that assures an adequate street network with this development. Staff appreciates the applicant's concern that this is an expensive road to build, but notes residential development along this street would provide an additional 200 residential units that helps offset this cost. Also, staff notes Northwest Passage appears very similar in concept to the completion of Ridge Road and the Dickerson Road AGENDA TITLE: North Pointe Worksession November 10, 2004 Page 3 connector in Hollymead Town Center (HTC). Area B of the HTC proffered to complete those offsite road improvements to assure an adequate street network. 3. Staff considers a $100,000 contribution to the regional transportation study appropriate. This is equivalent to the other recent Route 29 rezonings and this issue has been raised a number of times. 4. Staff believes the affordable housing proffer should provide content and form that satisfy the County's Housing Division and the County Attorney. Staff notes the last affordable housing proffer has significant concern for staff, and the County Attorney. As noted in earlier worksessions, the Board will need to consider whether the 4% affordable housing being proffered is appropriate. Staff notes this application was submitted prior to the affordable housing policy becoming part of the County's Comprehensive Plan. Development CDA Plan This plan represents the original submission that was reviewed by the Planning Commission and recommended for denial, although some design changes have been made since that time. The applicant indicates this plan would only be brought forward for consideration if the Board decided to support his Development CDA. Staff notes the applicant proposes this plan with the Northwest Passage property and proposes to complete Northwest Passage to Route 29. In referring to the attached "Development CDA" table, staff notes the following as important considerations with this plan: · Applicant is proposing to complete the northbound lanes on Route 29 between Airport Road and Northwest Passage (Lewis and Clark Drive) with the initial commercial development. This accelerates the northbound 3rd lane improvements from the County CDA plan and adds a 3rd lane between Northside Orive and Northwest Passage. The plan provides an additional 200 residential units to help offset that cost. However, it should be noted this plan does not accelerate the southbound Route 29 improvements and this plan has the same staff concern with timely completion of southbound lane improvements. · Applicant is proposing to provide a library site to the County. Staff considers this a significant contribution. · Applicant is proposing to complete Northwest Passage within five years of initial commercial certificate of occupancy. Staff considers this street an important transportation link and believes this addresses impacts with the development. · This plan eliminates the proffer to petition and consent to creation of a County CDA that the County could use to provide infrastructure in this area. Staff believes additional County desired infrastructure should be substituted to offset the loss of this funding. · While the proffers would not mention the Development CDA, the applicant indicates this plan would not be brought forward without assurance this CDA would be approved. As the applicant ties this COA to the plan, staff continues to believe the value of this CDA should provide additional County desired infrastructure. Despite the efforts at resolving differences between staff and the applicant, staff believes there are still deficiencies that need to be addressed before the Board considers this plan: They include: 1. Staff recommends the applicant address the recommendations in the County CDA plan as part of this plan. This includes providing a date for completion of Route 29 improvements, the regional transportation study contribution, and the affordable housing proffer. 2. Staff recommends the elimination of the County CDA be offset by additional proffers. The applicant is providing a library site, completion of Northwest Passage with five years of first commercial use, and additional northbound Route 29 improvements with this plan that are not provided with the other plan. Staff would consider that roughly comparable to what could be provided with the County CDA. 3. Staff recommends the Development CDA proposed with this plan provide additional County needed infrastructure to make this plan superior to other recent rezonings. Staff has previously provided examples of how this could satisfy staffs concerns. Those examples included completion of the ultimate section of Proffit Road between Pritchett Lane and Route 29, and a contribution towards the County's completion of the Northern Fire Station. This issue remains unresolved. AGENDA TITLE: North Pointe Worksession November 10, 2004 Page 4 Staff Analysis As noted, the purpose of this worksession is to determine if the Board supports the applicant's Development CDA. Staff has already provided the Board a policy recommendation on the use of a CDA for financing development costs. A copy of that executive summary is attached. In applying this policy recommendation to this plan, staff continues to recommend against the use of the Development CDA for this project. Staff notes that both plans are considered to have deficiencies that need to be addressed regardless of the Development CDA. Before staff could recommend the Board support the Development CDA, staff would expect to see those deficiencies addressed and additional County infrastructure provided that would make this an "exceptional project" as proposed in the recommended policy. As noted above, staff has provided examples of infrastructure that could satisfy the policy recommendation and what is needed to address staffs issues. Other Staff believes that once the Board provides their preferences with regard to the Development CDA, the applicant has the direction for finalizing his plan and proffers that he has requested. Staff can schedule a public hearing once the final plan and proffers have been submitted. In order to assure a complete review of the final plan and proffers, those documents need to be provided to staff no less than four weeks before the public hearing date. Finally, while not the purpose of this worksession, it should be noted that the two previously discussed plan issues (ARB recommendations and library block layout) have still not been addressed. The applicant is preparing a response on those issues, but staffs concerns remain at this time. RECOMMENDATION: 1. Staff recommends the Board advise the applicant the project is not considered appropriate for the use of a Development CDA tied to the rezoning application. It should be noted this would not preclude the developer from seeking his Development CDA after the property is rezoned. ATTACHMENTS Attachment A - 9/1/04 Exec. Summary: Policy Regarding Community Development Authorities Attachment B - County CDA Plan Attachment C - Development CDA Plan Attachment D - Comparison Narrative and Summary Tables 04.183 Attachment A COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Policy Regarding Community Development Authorities AGENDA DATE: September 1, 2004 ACTION: x INFORMATION: SUBJECT/PROPOSAL/REQUEST: Establish County preferences for the use of Community Development Authorities (CDAs) CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACTCS): Tucker, Foley, Davis, Graham ATTACHMENTS: No LEGAL REVIEW: Yes REVIEWED BY: BACKGROUND: Over the past several months the Board has reviewed the use of Community Development Authorities (CDAs) as a means to address major infrastructure development in the County. CDAs are "corporate body politics and corporate and political subdivisions of the Commonwealth" created by a locality by ordinance upon petition of the landowners within the proposed area to be included within the CDA. CDAs represent one mechanism to pay for and finance infrastructure that is necessary to meet the increased demands placed upon a locality as a result of development. The use of a CDA has been proposed by the North Pointe Development as a component of its proposed rezoning for the purpose of financing its infrastructure. There is a significant difference between the North Pointe proposal and the CDAs proffered in two earlier rezonings. The prior proffered CDAs would provide the County a new method for funding capital improvements, such as regional transportation improvements, by creating a special tax district. The North Pointe CDA would be used to fund typical development costs and proffered improvements by assessing all the properties within the development an amount to pay for tax-exempt bonds used to finance those development related improvements. The North Pointe CDA is effectively a means of reducing development costs and paying for proffered improvements while the previously proffered CDAs were a means of addressing regional impacts created, in part, by that new development. The questions before the Board are: 1. If and when is it appropriate to use CDAs to facilitate development; and 2. Should the County share in the benefit derived from the approval of a CDA by requiring it to assist in paying for the infrastructure that supports the County's implementation of the Comprehensive Plan's master planning initiatives? STRATEGIC PLAN: Goal: 4.2 Fund County services in a fair, efficient manner and provide needed public facilities and infrastructure. DISCUSSION: The recent discussion and consideration of CDAs has focused primarily on how a CDA is formed and its potential uses, rather than when use of a CDA is appropriate or desirable in Albemarle County. In other localities, CDAs have been used as a tool or incentive to attract development by providing a financing mechanism that reduces overall development costs. During recent discussions, members of the Board and staff have suggested that the use of a CDA should be reserved for improvements that go above and beyond the typical improvements expected in a rezoning to offset the impact of the development. Clarifying the County's position on the appropriate use of a CDA is important because it could significantly affect North Pointe's approach to its pending rezoning application. However, it is also important in a broader sense because of the potential use of CDAs as a means to address urban infrastructure needs in general. Based on the County's current land use and economic development policies, staff believes the use of CDA's should be reserved as one tool to help finance infrastructure that is necessary to implement area master plans that have been adopted as part of the County's Comprehensive Plan. In areas where a master plan has not been approved, staff would AGENDA TITLE: Policy Regarding Community Development Authorities September 1, 2004 Page 2 recommend that CDAs be considered on an exceptional basis and only after any pending zoning actions have been decided. Staff believes that the use of a CDA should not facilitate development outside of the County's master planning process. It will still be necessary to determine what types of improvements should be financed by a CDA. Many improvements should continue to be development costs paid for by developers. However, improvements that are above and beyond what would typically be expected to be provided by a developer could be addressed by utilizing the advantages of a CDA financing. While determining what should be expected to offset the impact of any particular development will remain a part of the rezoning process, some guidance from the Board will be necessary to define what is clearly above and beyond what would typically be expected to be a developer paid cost of development. RECOMMENDATIONS: Staff recommends that the Board adopt a policy to limit the use of developer initiated CDAs to the following situations: 1. Projects implementing an approved master plan that is part of the County's Comprehensive Plan. 2. Exceptional projects that are only considered after all zoning is in place and which demonstrate that a CDA is necessary to accomplish the infrastructure improvements for that area that are consistent and necessary to implement the Comprehensive Plan. If the Board agrees with this proposed policy, it will be necessary for staff to present the Board with additional information and analysis regarding what might be considered to be "typical improvements" that would normally be expected to be paid for by a developer without the use of a CDA and "special improvements" that would be appropriate to be financed by use of a CDA. Defining these improvements will be a necessary component of a final CDA policy. B LDING TYPES - RESIDENTIAL SUI PEDESTRIAN PATHWAY KEY -'£-'''UDCI...." Ii!. ,...1NWAr (Q,ASS A' _ r......., DnAOC ... fA!.....,.." IN.., ,....... .) 1:':: <Of ..., '" -.... ", ....... '''''''' . !!;' IC """".... .IN.., '''''''' .) -..: _ ._, = to COJN1"r IllUl.T,. 1R\.ICIU) TO ..n,tQ€D f§f oIUlKCDoI5 THSOI: T ø JlUt....1'5!1t ~ n)It 'Ii .-.at _ 'oIoMI. ....... '':-' ....... 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[I} ~ = .~ o - ;£ ~ -= ..... - Q,¡ "0 .- [I} = o ~ -0 - = o -= "-' M e;..., o M <) 01) CIS p.. . ~ VI.RGl~~ To: Members, Board of Supervisors ~r From: Ella Washington Carey, CMC, Cler \ \ \SA Subject: Reading List for November 10,2 04 Date: November 3,2004 July 14, 2004 Mr. Dorrier September 8, 2004 - Mr. Wyant MEMORANDUM NOTE: PLEASE REMEMBER TO PULL YOUR MINUTES IF YOU HAVE NOT READ THEM. /ewe o COUNTYOFALBE~E Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5823 Fax (434) 972-4126 November 1, 2004 Gary S. Hart 5678 Brownsville Road Charlottesville, VA 22903 RE: SP-2004-00044 Albemarle Ballet Theatre; Tax Map 56A1-1 Parcel 65 Dear Mr. Hart: The Albemarle County Planning Commission, at its meeting on October 26, 2004, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. The total number of students attending classes on site shall not exceed 24 at any given time. 2. Classes shall be staggered so that no class begins or ends within 15 minutes of the beginning or ending of another class. 3. Normal hours of operation for the school shall be from 9:00 a.m. to 9:00 p.m. provided that occasional school-related events may occur after 9:00 p.m. 4. The parking spaces required for this use shall not be reserved. 5. On site recitals shall be held on Sundays only. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on November 10, 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. Sincerely, j;rp~ C9dlQ.b(pí~ Tarpley Gillespie Senior Planner Cc: Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse . Phone (434) 296-5823 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Fax (434) 972-4126 November 1, 2004 Gary S. Hart 5678 Brownsville Road Charlottesville, VA 22903 RE: SP-2004-00044 Albemarle Ballet Theatre; Tax Map 56A1-1 Parcel 65 Dear Mr. Hart: The Albemarle County Planning Commission, at its meeting on October 26, 2004, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: . 1. 2. 3. 4. 5. The total number of students attending classes on site shall not exceed 24 at any given time. Classes shall be staggered so that no class begins or ends within 15 minutes of the beginning or ending of another class. Normal hours of operation for the school shall be from 9:00 a.m. to 9:00 p.m. provided that occasional school-related events may occur after 9:00 p.m. The parking spaces required for this use shall not be reserved. On site recitals shall be held on Sundays only. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on November 10, 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. Sincerely, --r- Jarp~ c;d!.Q.bpí~ Tarpley Gillespie Senior Planner . Cc: Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse · STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: TARPLEY V. GILLESPIE October 26, 2004 November 10,2004 SP-2004-44 Albemarle Ballet Theater Applicant's Proposal: The applicant proposes a ballet school to be located within an existing structure at 5798 Three Notched Road in downtown Crozet. The applicant proposes the use of the entire second floor ofthe building, occupying 3,400 square feet (see attachment B Concept Plan). The applicant requests the use of two studio spaces, with classes beginning and ending at staggered 15 minutes intervals, with a total of 12 students per class. (See Attachment C- Letter from Applicant). This would result in some periods of time with up to 24 students on premises. · Petition: Request for a Special Use Permit to allow a private ballet school in accordance with Section 22.2.2.6 of the Zoning Ordinance which allows for private schools in the C-l Commercial Zoning District. The property, described as Tax Map 56Al-l Parcel 65, contains 1.208 acres and is zoned C-l Commercial. The proposal is located on Three Notched Road (Route 240), at the intersection of Three Notched Road and Crozet Avenue (Route 810), in the White Hall Magisterial District. The Comprehensive Plan designated this property as a part of the Community of Crozet. Petitioners: The applicants are Gary S. Hart and Sally Hart. The owner of the property is Unicorn Holdings, L.L.C. Character of the Area: The proposed site is located in the central core of downtown Crozet in the historic Fruit Growers Complex building. The parcel contains a serious of buildings which form the commercial frontage of Route 240 in this segment of the downtown (See Attachment B). The buildings are typically one and two story frame and block commercial buildings containing uses ranging from restaurants to retail uses. The entrance to the school will be located at the rear of the building. RECOMMENDATION Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recommends approval with conditions. · Zonine: Historv: The building was constructed in 1902 as the manufacturing plant for the Crozet Cider Company. Referred to as the Crozet Cooperage Company, the apple and flour barrel manufacturing plant operated on the site until 1930. The original development predates the County's site plan requirements. No site plan has ever been required for this site. The proposed special use permit will not precipitate a site plan. 1 Comprehensive Plan: The Comprehensive Plan designates this property as a part of the Crozet Development Area. This property was, until recently, designated as part of the Rural Area in the Comprehensive Plan. With the adoption of CPA 2003-4, this property, along other properties along the north side of the Route 240 corridor, was designated as part of the Crozet Development Area. At this time, The Comprehensive Plan does not contain specific future land use designations for these newly added properties. The property is Zoned C-I Commercial. The Nei!!hborhood Model Twelve principles of development are set forth in the Neighborhood Model, which is an adopted part of the Comprehensive Plan. A staff analysis of the manner in which this development proposal addresses each principle is included below. Neighborhood Model principles most strongly reflected by this proposal are: Mixture of Uses - The site is characterized by a mixture of uses with considerable variety, a benefit to the neighborhood and the larger area. A ballet school will provide a neighborhood service use to the area residents. Neighborhood Centers - Downtown Crozet serves at the center for the entire Crozet community. There is the potential for additional future uses in the unoccupied portions of the building to supplement the neighborhood center. Redevelopment - The new use in an existing building is a positive example of this Neighborhood Model principle. Buildings and Spaces of Human Scale - Buildings and spaces on this site are of human scale, and they provide the urban core of Crozet. Relegated Parking - Parking located to the rear of the building and is relegated from both Routes 240 and 810. Interconnected Streets and Transportation Networks - The proposed site sits at the comer of Routes 240 and 810 and benefits from the existing network. Principles of the Neighborhood Model that are not strongly reflected on this site are: Pedestrian Orientation - The entrance to the ballet school is located to the rear of this building in an area without pedestrian facilities. This makes it difficult to access the ballet school in any manner other than by car. STAFF COMMENT: Zonine and Eneineerine: In late spring of2004, the applicant approached the County Zoning staff and requested a parking determination for the proposed ballet school. The applicant provided the Zoning staff with a parking study which stipulated that one class would be conducted at a time, with 2 . a maximum of 12 students per class. Based on this information, it was determined that 8 parking spaces would be required for this use. Currently, the required 8 parking spaces are available and can be accommodated on this site. There is a shared parking arrangement on this site. Therefore, none of the parking is to be marked as reserved for specific users. The parking requirement is to be tied to the zoning clearance for this and all uses. Zoning staffhas recommended that a minimum number of parking spaces not be included in the conditions ofthis Special Use Permit, but rather be tied to the zoning clearance for the ballet school. The pick-up and drop-off area behind the building can accommodate no more than 10 stacked cars at a time. For this reason, staff finds a maximum of 12 student to be a reasonable limitation to place on this use. Staff will address each provision of Section 31.2.4.1 ofthe Zoning Ordinance: The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adiacent property. . Staff finds that the proposed use is an appropriate reuse of this building and would provide a benefit to the community of Crozet. However, staff is concerned that, considering the existing infrastructure on the site, 24 students attending classes on this site at one time would be a detriment to the surrounding uses. Staff finds that a total of up to 12 students attending classes at any given time on this site would have no detrimental impacts. that the character of the district will not be changed thereby, The instructional facility is to be located entirely within the existing building. The proposal is compatible the site and surrounding areas. and that such use will be in harmony with the purpose and intent of this ordinance, The proposed school use will provide a service to families in the Crozet Development Area and the western Rural Areas district. Its introduction further mixes uses in the historic core of downtown Crozet, one of the principles ofthe Neighborhood Model. with the uses permitted by right in the district. This should not impact any other uses in the district. Building Code and Zoning Services has determined that sufficient parking exists on the site, and the use of a separate entrance to the ballet school portion of the building will help to avoid conflicts with other resident uses. . and with the public health, safety and general welfare. The applicant has asked for two classes of 12 students to occur simultaneously in two distinct studio spaces. The applicant has offered to stagger the classes at 15 minute intervals to address concerns about student drop off and pick up. However, staff finds, given the current level of infrastructure on this site that up to 24 students on site at any given time would be a substantial detriment to the general public health, safety and general welfare because the 3 proposed ingress and drop off system would only allow for a maximum of 10 cars to stack in the rear of the building at any given time. Given the limitations of the existing infrastructure, staff cannot support the proposal without a limitation of students on the site at any given time. SUMMARY: Staff has identified the following factors, which are favorable to this request: 1. The proposal will be an adaptive reuse of an existing historic building; 2. There is adequate parking available on site to address this use with the recommended conditions; 3. This proposal reflects several principles of the Neighborhood Model, among them Mixture of Uses, Redevelopment, and Neighborhood Centers. 4. The ballet school will provide a neighborhood service to surrounding community of Crozet. Staff finds the following factor unfavorable to this request. 1. The proposed use increases the level of activity on a site which does not have the supporting infrastructure which would normally be required to support such a mixture of uses, leading to staff concerns about vehicular circulation and pedestrian safety. 2. As proposed by the applicant, a total of24 students could be attending classes on site at a given time. Staff finds that this number of students could not be supported by the existing infrastructure and would create a negative impact on the site. RECOMMENDED ACTION: Staff has reviewed this request for compliance with the provisions set forth in Section 31.2.4.1 ofthe Zoning Ordinance and recommends approval with conditions. Recommended conditions of approval: 1. Total number of students attending class on site shall not exceed 12. Breaks of a minimum of 15 minutes shall be scheduled between classes. 2. Normal hours of operation for the school shall be from 9:00 a.m. to 9:00 p.m. provided that occasional school-related events may occur after 9:00 p.m. 3. The parking spaces required for this use shall not be reserved. 4. On site recitals shall be held on Sundays only. ATTACHMENTS: A. Concept Plan B. Letter from applicant dated 9-23-2004 4 ~ ~ </> D ...nul"" ItOYr 1IuIIIIIJUIOJ 'JlJOU par ."-'"." o)q~ JO :uwnna. ;U~E..IJ T ,wJ\ {.fOOlS t "ft' JO VI ~)" _\dÞ~"'1J UJ\t, JOOtpS ,Utt D Âw.1dcud U(dUKIJ ~_""ÐJ~) 'flLl..' ;.)'11 øò UJdUICd IHI!llf1CUJp ..,tutU, ai'" pu. ')UMIJ,HG.ldl~ JO antlllD&t 3'1' :i.I!:W'"S ÞÞ-t>OOZ;-dS JOJ URld JdaJuo::.> . . ----- -- ~---- \ \ \ \ « \~ ~ ~ . a~'''' ~s~; ~~ ¡~ ~. -~f1I:d I ~.".".., ·~:~~'.'ë.J ··f' \ \ '. '. , '. \ \ ':J"['¡ ~ .·.....u....t~.. 01..t'~..'.¡...,..,.:... .......' \1)/;;7771', ~.." .' é ;" ~ ;¡O~-: "~.l1'K :1I,;:"j!.Q;"<'1fI' r,' g g \ r- i r ·,./t~ /" /5 r L f ;¡. -s ,.. ~ ,..' _ ~,' ~'i\ ~'- ~<, .. . ~< ;-, ~: f; ~ ~ .. c; . . . A TT ACHMENT B at~cvt-~ "ßatW n~& 9-23-2004 RE: SP 2004-044 Dear Ms. Gillespie, We thank the County for their continued interest in our special use application for the proposed ballet school. We look forward to the public hearing set for October 26, 2004 and appreciate the forthcoming work from Planning, Zoning, Engineering, and the County Attorney Departments. County Comments Dated 9-14-2004 & 9-23-2004 1. In the coming weeks, staff from Planning, Zoning, Engineering, and the County Attorney will work to develop recommended conditions of approval for your ballet school. These conditions will likely cover hours of operation and maximum number of students and will reflect the information provided in your parking study. 2. Also, we are working on a maximum enrollment number and are leaning towards 12 students per class. This is based on the room for stacking behind the building (180 feet - holds about 10 cars) and on the original parking study that you submitted to Keith Lancaster. Are 12 per class a number will work for you? Do you plan to have 2 studios at this point, or just the one studio? Our Responses: A. The two studios labeled A & B are planned for use, commencing in 2005 (see proposed interior floor plan attached). B. Classes will be limited to twelve students each, except adult classes. a. One 12 student class, or less b. One class per studio. C. Adult Classes will be limited to seven students D. Adult classes will not be simultaneous as to not have an impact on parking. Albemarle Ballet Theatre, 5678 Brownsville Road, Charlottesville, VA. " 22903 Voice: 703.772.9009 - eMail gshart@cox.net ATTACHMENT B at~()Vl/& 'ß ~tt6t Ik&t't-e- Traffic Stacking Reduction Traffic management of the ballet students, in and out of our classes, is a common goal shared by the proposed school and the County. Class offsetting that provides appropriate transition time, plus proper management of the transitions during class changeover, provides a solution to potential traffic stacking issues, and, makes the school environment safer. Offsetting classes' results in a smaller simultaneous vehicle count, creating a smoother traffic flow. Class schedules fluctuate and require continuous maintenance to meet the goal of manageable traffic. This table is an ad hoc-mock schedule of staggered classes, showing a full afternoon & evening, in a midweek schedule, and displays: · Beginning and end times of each class in each studio · 10 total drop-off or pickup events · "Vehicle Schedule" drop-off or pickup events chronologically · This example schedule shows offsets between pickups and/or drop-offs ranging from 15 minutes to 1 hour. · 1 of the vehicle arrivals/departures has a 15-minute interval. Studio A 3:00 PM 4:00 PM 4:15 PM 5:15 PM 5:45 PM 7:15 PM 7:15 PM f:$> PM Begin End Begin End Begin End Begin End Studio B 3:30 P 5:30 P 5:30 PM 6:30 PM 6:45 PM 83ÐPM Vehicle Schedule 3:00 PM 3:30 PM 4:00 PM 4:15 PM 5:15 PM 5:45 PM 6:45 PM 7:00 PM 7:30 PM 8:30 PM 9:00 PM Albemarle Ballet Theatre, 5678 Brownsville Road, Charlottesville, VA. i- 22903 Voice: 703.772.9009 - eMail gshart@cox.net . . . A TT ACHMENT B at~~te, 1f;atW n~e- Gray highlighted timeslots are classes with the same student roll & therefore do not conflicting vehicle events. Black highlighted areas represent departure/arrivals with 15-minute intervals. The Predicted Vehicle Count is 6 - 10, based on the following assumptions: · Drop-offs are typically early while pickups are typically on time pickups on time. This adds a slight spread (about 5-minutes) to periods with 15- minute intervals. · Drop-off/pickup events with 15-minute intervals will be complimented with smaller classes scheduled. · Classes that can have 12 students may not have 12 students enrolled. · Students will miss classes due to illness, academics, family functions, and other priorities. · Carpooling is a common practice and necessary for most parents with children in multiple activities. 20% is a conservative estimate for carpooling; applied to 12 vehicles the result is 9.6 vehicles · Outreach and cooperative art study programs with public and private schools will include mass transportation. · Note: Two minivans are sufficient transportation for one class. · One potential donor is considering scholarships for one full class, including door-to-door bus transportation. · Beginner classes will average 7 - 9 students, Intermediate classes will average 10 -12 students, Advanced classes will average 7 - 9 students · All factors considered, not including mass transportation, 6-8 vehicles average are anticipated on average. The question of enforcement for flexibility in traffic flow has been raised. An abuse of parking will impede local businesses and become an issue of complaint and reported to the county, an issue that we have no intention of testing. Albemarle Ballet Theatre, 5678 Brownsville Road, Charlottesville, VA. B 22903 Voice: 703.772.9009 - eMail gshart@cox.net ATTACHMENT B at~cvt.-& 7l> Çf.ttë;( r~e- In Conclusion Two studios, with a maximum of 12 students per class - per studio, are required for the school's financial stability to meet all obligations, including proper maintenance, and ongoing scholarships. The financial struggle of schools for the arts is an axiom. Creative workarounds are required to attain the goals intended. Sally Hart has hands on experience with scheduling and transportation issues in ballet schools since 1992. Gary Hart has equivalent experience in scheduling from twenty years in league baseball. Therefore, we ask that the suggestions and demographics offered in these responses to your comments on traffic and parking conditions be reviewed as realistic and viable. Additionally, any suggestions from the county to make this important project work will be gratefully appreciated. We hope that the answers enclosed for the proposed plan for a ballet school at the Fruit Growers Market in Crozet satisfies your requirements and is approved. -..--' ary S. Hart Assistant to Sally Hart, President Albemarle Ballet Theatre, 5678 Brownsville Road, Charlottesville, VA. GJ 22903 Voice: 703.772.9009 - eMail gshart@cox.net . . . A TT ACHMENT B at~cYt-te- 'E> ~tkt ner:;V(~e- 9-23-2004 County of Albemarle Department of Planning & Community Development ·401 Mcintire Road, Room 218 Charlottesville, Virginia 22902-4596 Attn: Jay Schlothauer; Building Official RE: SP 2004-044 for proposed ballet studio, response to your letter of conditions. Dear Mr. Schlothauer, Our proposed ballet school shares the common goal with the County to provide a safe and healthy environment for the students, faculty and employees, and neighbors. We agree to all of the following conditions, as per your letter dated 8-30-2004. If the following alterations and limitations are achieved, the upstairs portion of this building may be used as a dance studio: 1. Smoke detectors are installed in all spaces on the first floor of the building, and all spaces on the second floor of the building. These devices must be powered by the building's electrical system, and include battery backup. These devices must be interconnected so that if one of them detects smoke, all of them will sound alarms simultaneously. 2. Emergency-powered egress lights must be installed so that the routes of egress from the second floor are illuminated in the event of a power outage to the building. 3. Another means of egress (stairs) must be provided from the second floor. This new stair must be a fully complying enclosed interior stair, or approved exterior stair. The proposed location for this stair, at the north wall, will be satisfactory. 4. Occupancy is limited to 50 persons. Prior to commencing any alteration work, whether required by this letter or not, we will obtain the appropriate permits from your office. As per our email, we will also provide video surveillance, and where and whenever possible. an employee to oversee departure and arrival of students. Albemarle Ballet Theatre, 5678 Brownsville Road, Charlottesville, VA. 22903 10 Voice: 703.772.9009 - eMail gshart@cox.net ATTACHMENT B at~ø¿,te, '§; ~tW r~'1.-fP Please note: there is a change to the location of the additional set of stairs in Studio B from the original proposed floor plan. Placement for these stairs are predicated on existing construction and predetermined location by the owner's anticipated need. The location will remain on the interior of the north wall as shown, plus or minus a few feet east to west. Actual location will be submitted with construction permits, should our permit be approved. We hope this addresses all comments from zoning. Should further information be required, please contact us at your convenience. ary S. Hart Advisor to Sally Hart, President cc: Tarpley Gillespie (SP-04-044) Albemarle Ballet Theatre, 5678 Brownsville Road, Charlottesville, VA. 22903 .11 Voice: 703.772.9009 - eMail gshart@cox.net ! ,j >-3 n> f.#:J ~ 0 0 ~ 0 I\j (j) <q ..-+ ~ c: Q. ~ õ' > "'- -- A 'I:!! ~ b ;;;] <.0 .¡, /" I "" ~ 0 ~ 0 0 00 ID ~ ~ 0 IJJ ~ (') (J) (J) ~ -< ID - c: ~ :¡¡:: q 3 :s [QJ .... 0: ID 3 <II a: (J) , .. X c: ""0 I» /"'" ID ./ /"'" I» ¡,.. /"'" ,. . (j) ..-+ c: Q. ~ o' ~ OJ :¡¡:: 0: It) .... .... A "? ~ .... 0 ;;;] <0 I 1 -. ..--- ~"..._- A TT ACHMENT B ::r (j ::r Q -g2= o ~ . ~ (þ = Eš~ (JQf""'!- ~ ~..... ~ =;;- ~ _. 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A TT ACHMENT B COUNTY OF ALBEMARLE Department of Community Development Inspections 401 McIntire Road Charlottesville, Virginia 22902-4596 (434) 296 - 5832 Fax (434) 972 - 4012 August 30, 2004 Gary Hart 5678 Brownsville Road Charlottesville, VA 22903 Re: Partial Change of Use of Structure at 1261 Crozet Avenue Tax Map 056AI-OI-00-06500 Above Knight's Glass Dear Mr. Hart: On August 25, 2004, the upstairs portion of the referenced structure was evaluated to determine if it is suitable for use as a dance studio. This portion of the building was most recently used as a karate studio. The proposed use seems to be most suitable as Group B. The Construction Type is V-B. If the following alterations and limitations are achieved, the upstairs portion of this building may be used as a dance studio: I. Smoke detectors are installed in all spaces on the first floor of the building, and all spaces on the second floor of the building. These devices must be powered by the building's electrical system, and include battery backup. These devices must be interconnected so that if one of them detects smoke, all of them will sound alarms simultaneously. 2. Emergency-powered egress lights must be installed so that the routes of egress from the second floor are illuminated in the event of a power outage to the building. 3. Another means of egress (stairs) must be provided from the second floor. This new stair must be a fully complying enclosed interior stair, or approved exterior stair. The proposed location for this stair, at the north wall, will be satisfactory. 4. Occupancy is limited to 50 persons. 1'3 . . . A TT ACHMENT B Prior to commencing any alteration work, whether required by this letter or not, the appropriate pennits must be obtained from this office. Sincerely, Jay Schlothauer Building Official JS/js cc: Keith Huckstep Tarpley Gillespie (SP-04-044) Reading File If . COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5823 Fax (434) 972-4126 November 1, 2004 Eliot Fendig Ellie Carter Terra Partners 200 6th St., NE Charlottesville, VA 22902 RE: SP- 2004-00045 Charlottesville First Assembly; Tax Map 61 Parcel 153A1 Dear Mr. Fendig and Ms. Carter: The Albemarle County Planning Commission, at its meeting on October 26, 2004, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: . 1. The church's improvements and the scale and location of the improvements shall be developed in general accord with the concept plan entitled "Charlottesville First Assembly Minor Amendment to Valid Special Use Permit" prepared by Terra Partners, LLC and dated July 19, 2004; 2. Day care use shall be prohibited unless approved through a special use permit amendment. 3. Six additional shade trees should be incorporated into the site in the front half of the new parking lot and to be administratively reviewed by staff. 4. The applicant should show on the plan the reservation of VDOT right-of-way as determined by staff for future dedication on demand by the County. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on November 10, 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. _Si~C~ P Sean Dougherty Senior Planner ---- . Cc: Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse COUNTY OF ALBEMARLE EXECUTIVESU~RY AGENDA TITLE: SP-2004-0045 Charlottesville First Assembly SUBJECT /PROPOSAL/REQUEST: Request for special use permit to expand church facility by increasing the size of the church parking lot in accordance with Section 15.2.2.12 of the zoning ordinance. The property described as Tax Map 61 Parcel 153A1 is zoned R-4 and contains 4.71 acres. It is located in the Rio Magisterial District on East Rio Road (Rt. 631) between CA TECH and the Southern Railroad bridge. The Comprehensive Plan designates this area as Institutional in Neighborhood One. STAFF CONT ACT(S): Cilimberg, Benish, Echols, Dougherty LEGAL REVIEW: o BACKGROUND: AGENDA DATE: November 10, 2004 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: YES REVIEWED BY: On October 26, the Planning Commission reviewed a request for an amendment to the special use permit for the Charlottesville First Assembly church located along Rio Road, adjacent to CA TEC. The special use permit would allow the church to expand their parking areas. At the public hearing, the Commission raised two concerns. The first concern was whether additional right-of-way was needed for the Meadowcreek Parkway along this section of Rio Road. The second concern was with trees and parking lot design. To address these concerns the PC recommended the following conditions be added to the special use permit: The applicant should show on the plan the reservation ofVDOT right-of-way as determined by staff for future dedication on demand by the County. Six additional trees should be incorporated into the site in the front half of the new parking lot, to be administratively reviewed by staff. . 1 DISCUSSION: Staff has researched right-of-way needs with VDOT and the County Engineer and determined that the right- of-way along Rio Road will not need to be changed along the Charlottesville First Assembly property, as the road is expanding to the north and east on the other side of the road. The existing right-of-way is sufficient to accommodate the new road. The basis for the limits of the area to be reserved for dedication were determined by the County Engineer, based on the drawings for the Meadowcreek Parkway dated March 5, 2004. However, VDOT is requesting a right-of-way dedication for the new entrance design that is part of this special use permit. Pastor Pete Harwig, the appropriate representative of the church, supports this dedication. Since the Commission meeting, staff has worked with the applicant to provide more specific recommendations about the location of the additional six trees. The Commission asked staff to further refine the conditions once the issue of the right-of-way was resolved. 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 RECOMMENDATIONS: Staff believes the following conditions now satisfy the Planning Commission's concerns and recommends approval of the special use permit with these conditions: 1. The church's improvements and the scale and location of the improvements shall be developed in general accord with the concept plan entitled "Charlottesville First Assembly Minor Amendment to Valid Special Use Permit" prepared by Terra Partners, LLC and dated July 19,2004; (the "concept plan"), as further modified as required by conditions 3 and 4; 2. Day care use shall be prohibited unless approved through a special use permit amendment; 3. The owner shall reserve the proposed right-of-way for dedication for public use upon demand by the County that is identified on the plan modified by Jack Kelsey, attached hereto. The site plan shall show the reserved right-of-way and include the following note: "Right-of-way reserved for dedication for public use upon demand by the County"; 4. The owner shall plant and maintain six additional shade trees in the front portion ofthe parking lot to further buffer the visual impact of the parking lot along Rio Road and to address the urban heat island dynamic. At least two of the six trees shall be planted in the center of the first full row of parking parallel to Rio Road. The remaining three trees shall be placed in the area between Rio Road and the parking lot to augment the street trees shown on the plan. 2 . z o CD III ,- . --i I rr\ J> r) AJ I r ZO ~-; n-; J> fTI r VJ fTI< Or Cr ;:fTI ;jl o Zf: \J W r')r'1 z:S: ~J> [1"1 /0 /Dr fTi ~~ i~ Ii ~ w\ . ¡¡; ¡;; ;¡ II '!·{Ii II 11"1 ¡ II! !u,Hh I . f ,It, ~ ìl ,¡Iht _. 1:111. 'O-a. n SPECIAL USE PER.mT APPLICATION PLAN FOR ~Q In .,,~ H ~~~ ¥€ ~~~ Charlottesville First Assembly >~- $;trj 3 !of ~'r z ~ C ...:: OQ .g~ ;;;'" ~~ É§ "' "ë~ g~~ ~ ALBEMARLECOtJll.'T\', \'lRGJNlt\ ~~ß. <,.,~ ~~ '" MINOR AMENDMENT TO ã$~ E~ ~~ ~~~ f~~ ~~ ",'AT Tn CDVf"""T!\.T TTCV DVDlIKT'T' r~ ä;~&: ~ - t~~: ~tt ¡ .:~~;. .::,:\ >t·· :~':- ¡ ..:¡ '~'-' " ; . ~ ! U!~I~ ïïU lun ;1 IU II !i II ~ i!n II un ~ I !¡Ihlll'! ¡il!111111 ·111 II I !II! I ¡¡II · I I~i ~! II ~ ~~ ~ i I~ I I I -¡~i .~' ~ I~~ Ii . ª n ~ I I ~~;: 'f If ¡i .-B Iii ~~. . ~~ ,. ¡ un ¡ §fe f' ~~ d Iii ~¡¡~ ~! 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(") !); (I) ..... ::r 8.. ,..... (') .VI 0 \.1 ~ t-.)::S 0 ..... Og.¡:: 0 S¡:o:::S :::s4 '-" ..... ':<~ >-t . . . STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Sean Dougherty October 26, 2004 November 10,2004 SP-2004-045 CHARLOTTESVILLE FIRST ASSEMBLY Applicant's Proposal: The applicant's proposal is for a special use permit to construct additional parking to serve church activities. This amendment of their existing special use permit will add 56 parking spaces. Currently the church has a shared parking agreement with CA TEC, but desires to have its own additional parking. Petition: Request for special use permit to expand church facility by increasing the size of the church parking lot in accordance with Section 15.2.2.12 of the zoning ordinance. The property described as Tax Map 61 Parcel 153Al is zoned R-4 and contains 4.71 acres. It is located in the Rio Magisterial District on East Rio Road (Rt. 631) between CA TECH and the Southern Railroad bridge. The Comprehensive Plan designates this area as Institutional in Neighborhood One. (See Attachments Band C for Location Information) Petitioners: The applicant and owner is Charlottesville First Assembly, represented by Eliot Fendig and Ellie Carter of Terra Partners, LLC. Character of the Area: The proposed parking lot sits on a slope below the grade of Rio Road between eight and sixteen feet. The Southern Railroad line borders the property to the northwest and Rio Road to the northeast. CA TEC is located along the southern edge of this pie-shaped parcel. Across from the church is the Covenant Church of God, which has a larger congregation. Development along Rio Road across the railroad track and north of the property is mixed, including convenience and service-oriented businesses. The remainder of the surrounding neighborhoods are comprised of low to moderate density residential. RECOMMENDATION Staff has reviewed this request for compliance with the provisions of Section 13.2.2 of the Zoning Ordinance and recommends approval with conditions. ZoniD!! History: In 1999, the Charlottesville First Assembly congregation rezoned what was known as Tax Map 61 Parcel 153A (the parcel on which the parking lot is proposed) from CO to R-4 (ZMA 99 - 18). That allowed the church to have the same zoning (R-4) on both parcels. In addition, the church acquired a special use permit (SP 99 -75) for both parcels, bringing the church into conformity. 1 Conditions approved with SP 99 -74 include: 1. Church development shall be limited to the building addition and overflow parking areas, as generally shown on the minor site plan amendment dated 3-14-2000 and incidental improvements such as storage sheds, picnic tables, children's play equipment, and walkways; 2. The minor site plan amendment shall be modified to conform with all zoning and engineering requirements. If shared parking is to be continued, the applicant shall provide for a walkway between CATEC and the church and shall provide an updated letter granting permission to the church for use of the CATEC lot; 3. The applicant shall complete the improvements and repairs recommended by Mark Graham in his letter dated 13 January 2000 for the storm water basin and dam, prior to approval of a building permit for the modular classroom by a date determined by the Program Authority. With these improvements and repairs, the storm water basin and dam shall be improved to conform to its original use. This will require the use of compacted earth for the dam repairs; 4. Day care use shall be prohibited unless approved through a special use permit amendment; and 5. Parcels 61-153AO and 61-153A1 shall be combinedprior to approval ofa building permit. A site development plan (SDP99-162) was approved in 1999, allowing for a modular classroom to be placed to the rear of the church. The church's two parcels were combined in 2000 (SUB 00 - 197). Comprehensive Plan: The Comprehensive Plan designates this area as Institutional in Neighborhood One. Uses allowed within this designation include public and private schools, universities and colleges, and their ancillary facilities, such as stadiums and golf courses. The Neie:hborhood Model As this is a review for an additional parking lot, only the following neighborhood model principles apply: Pedestrian Orientation - There is no sidewalk on Rio Road to which the church can connect. Rio Road is proposed for widening and sidewalks will eventually be provided along the frontage. Neighborhood Centers - The church will continue to serve as a neighborhood center. 2 . . . Relegated Parking - In support of the Neighborhood Model, the existing and proposed parking is to the side of the building. The applicant and staff thoroughly investigated options for screening this parking lot from Rio Road. The parking lot lies well below the grade of Rio Road. It is barely visible to northbound traffic on Rio Road and is screened from adjacent southbound travel by the thick tract of trees lining the railroad tracks. It was detennined there was little the applicant could do, in addition to the required street trees and parking lot trees, to mitigate visual impact. In addition, when widening Rio Road, VDOT plans to gain access to the property along the road and the railroad bridge to facilitate construction. It is likely that the widening process will harm or require the removal of any additional screening trees or shrubs. STAFF COMMENT: This review was conducted with consideration of The Religious Land Use and Institutionalized Persons Act of 2000 which states: No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution - (A) is in furtherance of a compelling governmental interest; and (B) is the least restrictive means of furthering that compelling governmental interest. Staff's Address of each provision of Section 31.2.4.1 of the Zonin!!: Ordinance: The Board of Supervisors hereby reserves unto itself the right to issue all special use pennits pennitted hereunder. Special use pennits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adiacent property: Staff has not identified any detriment to adjacent property that would result from construction of the proposed parking lot. that the character of the district will not be changed thereby: The proposal is compatible with the site and surrounding areas. and that such use will be in harmony with the purpose and intent of this ordinance: The zoning is R-4, Residential. The intent of the R-4 district is to provide for compact, medium-density single-family development, pennit a variety of housing types, and provide incentives for clustering of development. Within R-4 zoning, churches are pennitted by special use pennit. As this is a modification/intensification of an existing religious use, it's not in conflict with this ordinance. with the uses pennitted by right in the district Religious uses are considered supportive of uses in residential zoning districts. and with the public health. safety and general welfare. Staff does not have concerns regarding public health, safety, and general welfare in relation to the proposed special use pennit. 3 En!!:ineerim! and Zonin!!: Comments County engineering staff visited the site and found no issues which would need to be addressed with the additional parking. Zoning staff have reviewed this proposal for confonnity with parking regulations. The Zoning Ordinance requires that one space per three fixed seats for Church uses. In addition, the ordinance allows for a 20 % increase. The number of spaces allowable for the church, including a 20 % increase, is 138. The church is proposing 138. Although the applicant has an approved shared parking arrangement with CA TEC, the church desires to provide all required and extra spaces on its own property. While shared parking is almost always preferable to building new parking lots, staff believes that it should not be required. SUMMARY: Staff has identified the following factors, which are favorable to this request: 1. The proposed parking lot is logically sited 2. Applicant thoroughly investigated options for additional screening along Rio Road. 3. The church will continue to provide a neighborhood service to surrounding residential areas. No unfavorable factors have been identified. RECOMMENDED ACTION: Staff has reviewed this request for compliance with the provisions set forth in Section 31.2.4.1 of the Zoning Ordinance and the existing conditions for the Church's special use pennit. Several of the original conditions no longer apply because the requirements have been satisfied. Staff recommends approval with conditions. Recommended conditions of approval: 1. The church's improvements and the scale and location of the improvements shall be developed in general accord with the concept plan entitled "Charlottesville First Assembly Minor Amendment to Valid Special Use Permit" prepared by Terra Partners, LLC and dated July 19, 2004; 2. Day care use shall be prohibited unless approved through a special use permit amendment. ATTACHMENTS: A. Concept Plan B. Location Map C. Property Map 4 ~~~', '^\~:'"'''' "'\ " ' 't. .' ¡\., \, '\. '~t 1[<1, "" ~. ~¡¡I".!~) \.'- oll''',~ '- ! ~ ',I, [\.\ . i I 11,,,- Z' , . .' Jl ~~~i'~ ~\\\ ~ ;~~!~§ mmU ðlm ¡i iU ~ I !~ Ii ! un i II un ~ I ~~,~" '-D.\~ " I J' (> § ~il~U Ua! hUí 1m hI ~ ! i~ !j i I!U j !!~~ '" ;a" '~ÖK:'~\\~~\ \ \ "I" (/ /" ; Ui~ ~i i I~ ~i d Ii i õl i i i i ;!¡! ",fh ~-STOR' I'PAL 1\\\1\ \" ) 1\'-, ,~! lõ~ ¡~ ~ ~ 8~ ¡ I ~i ~~iI ~- f" ! 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" ::; ~i!á --.J ~ ~----_.,--,.._---- ---.-- ~--- zt> ;!~s: ift _.~ S:i:(') a a. ¡¡ ~~a ã-::. .,ca 0" ~¡¡~ ..." <'II Š"~¡¡ (\) « C:>I" 0 ." a = 0 !ita. ." {II a ~~~ ~ ti· ~ :'~d « 0" . <'II ., ::; ~ o 0 .. 0 ~ (II .... ) (:) =- = ~ .... e * * ~ '" C _0 .... .... ~ -" _0 ~~ ""=* I;¡;' ~'" 0", O~ '"'= Ia- g~ ,",- en . · · · ~OOK 1 :lOPA!;E 2ql CITY PLANNING COMMISSION BOARD OF SUPERVISORS COUNTY PlANNI~ COMMISSION a~'. l¡{}' . / " I ~ , rk ~ -,-~ , , ,V.' SECR r ~l~~yf;_ l.__ ·kÚ ß· ~ . V~~,·_· -- 'y....' - '~." " ,T): ;/'~.·'.~'(Jßß .,,"-:"'t _ /....17; J ,~S, :.';./:.\ . ' ,f D!L .. ¿ø /~-- 7-" ~ l0~~~s~f{~fcmAfi' DATE OWNERS APPROVAL THIS SU8DIVISION IS MADE WITH THE CONSENT OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND/OR TRUSTEES. ALL ROADS AND STREETS. IF NOT PREVIOUSLY DEDICATED, ARE HEREIY TENDERED FOR DEDICATION TO PUBLIC USE. ;-0 V --, ~o~, 'J: -- . ----: cf'.9 ~ Yo i :\ 4 (' c::. "'C <::0 C\; ~ "'C C\; ~ C\; '" :t J... ~ <::0 1'1 ~;;M~ --!)£~~~ . ..-- -- -...-. .-. - -- '" '" <::0 '" .... LOT B 1"0 c/¡o,./ ---'. ~"~ ~ '''i//ø C\; '" ~ ~ ...; ~ :;: c::. 3.000 AC. T·, Cenler Rom ,~ (jib ~.... '\. , " .,~ , ." "'> ~ 0'" \~ "> , " <, WILLIAM P. 8 FRANCES S. OURRER 0.8, 278 p. 259 <0 ". ~ <0 '" 1'10, 1'1'" "'''' ~ ~~~~ ~ ~~~~ ~ "'" t::: ~ ~ '" . <"" ~ ~ .....; <:> "- c( c:i '-.C) 01 <::0 ~ ". .., ~ ~" 0' ~O ó -<. ,,' ~ ~. 'tor, (p (j t r,~ 'ò' o LOT A \~ . \ ~\ \ \ \ \ \ ..\ '" .<::0 "- .... a <::0 "" ~ ~ ~ .... .... .... ~ SUBDIVISION PLAT SHOWING LOTS A AND B A DIV/SION OF PROPERTY BELONGING TO WILLIAM P. {j FRANCES 5 DURRER LOCATED ON STATE ROUTE 631 NEAR CHARLOTTESV~LE ALBEMARLE COUNTY, VA. SCALE /" =- /00' JAN /6, /968 CERTIFIED TO IE A CORRECT AND ACCURATE SURVEY. ~- --...- --- J,.... .- ----"---". -- --. ----==,~,=.(,=.... 1 '" 1 ~ 2 3 4 5 6 7 8 · 9 10 RESOLUTION TO AUTHORIZE ACQUISITION OF PROPERTY WHEREAS, the County of Albemarle desires to accept certain properties within the County by gift from Robert M. Byrom and Patricia A. Byrom for the purpose of providing a public forest preserve park; and WHEREAS, all necessary agreements for the acquisition of said properties have been made 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 following Agreements and all other documents necessary to acquire Tax Map Parcels 6-16, 6-28D, and 6-29 in the County of Albemarle: 1. Deed of Gift from Robert M. Byrom and Patricia A. Byrom dated November 1, 2004 conveying Tax Map Parcels 6-16, 6-28D, and 6-29 in the County of Albemarle; 2. Agreement between the County of Albemarle and the Big Eight Hunt Club for the Hunt Club's continued use, subject to certain conditions, of Tax Map Parcels 6-16, 6-28D, and 6-29 in the County of Albemarle; I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of _ to _, as recorded below, at a meeting held on November 8, 2004. Clerk, Board of County Supervisors Aye Nay Mr. Bowerman Mr. Boyd Mr. Dorrier Mr. Rooker Ms. Thomas Mr. Wyant RECEIVE\: "S MEETING Date: I Pó)Õ.Ýd- Agenda Item #:: _je£ Cierk's Initia!s:_,_~_ 023835 PIN #s 00600-00-00-01600 00600-00-00-028DO 00600-00-00-02900 This Document Prepared By: FRANKLIN, DENNEY, WARD & LAWSON, PLC Waynesboro, Virginia THIS DEED IS EXEMPT FROM TAXATION PURSUANT TO SECTIONS 58.1- 811(A)(3) AND 58.1-811 (C)(4) OF THE CODE OF VIRGINIA (1950), AS AMENDED. THIS DEED OF GIFT, made and entered into this 1 sl day of November, 2004, by and between ROBERT M. BYROM and PATRICIA A. BYROM, husband and wife, parties of the first part, hereinafter referred to as "Grantors," and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, party of the second part, hereinafter referred to as "Grantee," whose address is 401 McIntire Road, Charlottesville, Virginia 22902-4596. **WITNESSETH** That for and in consideration of the charitable purposes and mutual benefits existing between the parties, and no other consideration, Robert M. Byrom and Patricia A. Byrom, husband and wife, parties of the first part, Grantors, do hereby grant and convey with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE unto the County of Albemarle, Virginia, a political subdivision of the Commonwealth of Virginia, party of the second part, Grantee, the following described real estate, ("the property") to wit: PARCEL ONE: All that certain parcel or tract of land situated in the County of Albemarle, Virginia, located on State Route 810, shown as Residue containing 115.35 acres, more or less, on a plat by Roudabush, Gale & Associates, dated May 24, 1990, recorded in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia in Deed Book 1114, page 511. PARCEL TWO: All that certain parcel or tract of land situated in Albemarle County, Virginia, located on State Route 810, containing 198.53 acres, more or less. being the parcel shown as Tax Map 6, Parcel 28 (307.22 acres), on a plat by Wm. Nlorris Foster. dated December 15, 1983, recorded in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia, in Deed Book 838, page 11; LESS AND EXCEPT 43.40 acres, more or less, shown as Tract C and 65.29 acres shown as Tract D on a plat by Wm. Morris Foster, dated January 12, 1993, recorded in the aforesaid Clerk's Office in Deed Book 1306, page 730. PARCEL THREE: All those certain parcels or tracts of land situated in Albemarle County, Virginia, located on State Route 810, containing 285.71 acres, more or less, being the parcel shown as Residue of Tax Map 6, Parcel 29 (334.17 acres), and 38.68 acres, more or less, shown as Residence Tract, on plat by Wm. Morris Foster, dated December 15,1983, recorded in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia, in Deed Book 838, page 11; LESS AND EXCEPT 42.87 acres, more or less, shown as Tract A, and 44.27 acres, more or less, shown as Tract B, on a plat by Wm. Morris Foster dated January 12, 1993, recorded in the aforesaid Clerk's Office in Deed Book 1306, page 730. And being in all respects the combined area residue of Tax Map 6, parcels 28 and 29 of 484.24 acres, as shown on a plat by Wm. Morris Foster, dated December 15, 1983, recorded in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia in Deed Book 838, page 11; and of Tax Map 6, parcel 16 of 115.35 acres, as shown on a plat by Roudabush, Gale & Assoc., Inc., dated May 24, 1990, recorded in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia in Deed Book 1114, page 511 . Any and all easements held by the Grantors herein across and along Tracts A, B, C and D as shown on plat of record in Deed Book 1306, Page 730 are hereby extinguished and released of record. The real estate herein is conveyed subject to the easements, conditions, restrictions and reservations of record. This conveyance and the Property are subject to the following additional restrictions and conditions: 2 A. The Property shall be used as a public forest preserve park that permits and encourages its use for forest education, hiking, camping, and/or other recreational activities; B. The public park shall be called the "Patricia Ann Byrom Forest Preserve Park"; C. The County of Albemarle, Virginia, shall construct a proper entrance to the Park and place a name plate or marker at the entrance honoring Patricia Ann Byrom and designating the Park as the "Patricia Ann Byrom Forest Preserve Park." D. In the event that the County of Albemarle, Virginia, the Grantee herein, ceases to operate the Patricia Ann Byrom Forest Preserve Park in accordance with the conditions set forth herein, title to the Property shall revert to the heirs and assigns of Robert M. Byrom and Patricia A. Byrom in fee simple and absolutely without restriction; E. All of the foregoing restrictions shall run with the land and be binding upon the Grantee, its respective successors and assigns and successors in interest in the title to the Property, whether in fee or a leasehold interest. IN WITNESS WHEREOF, pursuant to the authority of a power of attorney dated July, 1999, recorded in the Office of the Clerk of the Circuit Court of the County of Albemarle, Virginia in Deed Book 2833 at page 65, which power of attorney is valid and unrevoked, Robert M. Byrom has executed this deed affirming his name and seal hereto in the name of Patricia A. Byrom as her attorney-in-fact. The County of Albemarle, acting by and through its County Executive, duly authorized by the Board of Supervisors of the County of Albemarle, accepts the conveyance of this property 3 pursuant to Virginia Code § 15.2-1803, as evidenced by the County Executive's signature hereto and the recordation of this deed. ~(SEAL ) / ST ATE OF VIRGINIA, AT LARGE CITY/COTlN'A' OF VV~nfS:bO(O , to wit: The foregoing instrument was acknowledged before me this d d day of November, 2004, by Robert M. Byrom, Grantor. My commission expires (£;-30- O~ 1f)~ fYì. ~ Notary Public STATE OF VIRGINIA, AT LARGE CITY/~F \¡\)¥esrorù , to wit: The foregoing instrument was acknowledged before me this ;)().si day of November, 2004, by Robert M. Byrom, as attorney-in-fact for Patricia A. Byrom, Grantor. My commission expires: (ç-37-08" 1Yìe~o rn· f7~ Notary Public 4 STATE OF VIRGINIA, AT LARGE GH¥fCOUNTY OF A\ÌrJ¿(/IQ.. \e~ , to wit: " Vd-e-mbev The foregoing instrument was acknowledged before me this 2.~ day of NOT/ember, 2004, by Robert W. Tucker, Jr., County Executive, on behalf of the County of Albemarle, Virginia, Grantee. My commission expires \Wale ~~\cU¡}k\ 0, ~fu Notary Public Approved as to Form: By: avis, County Attorney 5 RECORDED IN CLERKS OFFICE OF ALBEMARLE ON December 29,2004 AT 1 :44:34 PM $000 GRANTOR TAX PO AS REQUIRED BY VA CODE §S81-802 STATE: $0.00 LOCAL $000 ALBEMARLE COUN Y, VA A SHALLCLER IRCUIT COURT DC AGREEMENT THIS AGREEMENT, made and entered into this 2~ day of December, 2004, by and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, hereinafter sometimes referred to as the "County"; and the BIG EIGHT HUNT CLUB, hereinafter sometimes referred to as the "Hunt Club." WITNESSETH: WHEREAS, the Hunt Club entered into a "Land Use Agreement for Permission to Hunt" (hereinafter "Byrom Agreement") with Robert M. Byrom and Patricia A. Byrom dated June 1, 2003; and, WHEREAS, said Byrom Agreement allows the Hunt Club permission to enter and hunt upon certain properties then owned by Robert M. Byrom and Patricia A. Byrom; and, WHEREAS, by separate Deed, said Robert M. Byrom and Patricia A. Byrom are conveying the subject property of the Byrom Agreement to the County; and, WHEREAS, the County and the Hunt Club wish to affirm, abide by, and continue the basic terms of the Byrom Agreement. NOW, THEREFORE, for and in consideration of the mutual benefits to the parties, the County and the Hunt Club, for themselves and their legal representatives, successors and assigns, do hereby consent and agree to continue in effect that certain "Land Use Agreement for Permission to Hunt" dated June 1, 2003, to the extent permitted by law and except as otherwise' amended herein. 1. The Hunt Club shall have permission to hunt on the subject property only in the months of October through the following February during fall and winter archery/muzzle loading/firearms/small game season, as designated by the Virginia Department of Game and Inland Fisheries. The Hunt Club shall not have permission to hunt on the subject property on Sundays, even during the designated season. The County reserves the right to review and revise the limits of the hunting season annually, provided that any reduction of the hunting season by the County shall result in a proportionate reduction of the fee set forth in Paragraph 3 of the Byrom Agreement. 2. Because the subject property is a public park, the Hunt Club shall not have pem1ission to hunt on the subject property during any time the County designates that the subject property is open as a public park. 3. \\rhenever Hunt Club I11enlbers and/or invitees arc hunting on the subject property, the Hunt Club shall prominently post a notice at the park's entrance waming those entering the park that hunting is occurring on the subject property. 4. Hunt Club members and invitees shall respect and observe property boundaries and shall not trespass or hunt on adjoining properties without the other owner's consent. The County will investigate any complaints made regarding the conduct of Hunt Club members and/or invitees. If founded, said complaint(s) may result in the loss of hunting privileges. 5. The Hunt Club, its members, and invitees shall not operate any radio, tape player or amplified sound equipment on the subject property in such a manner as to disturb neighboring residents or to interfere with the reasonable enjoyment of the subject property by others. 6. Either party may tenninate this Agreement by providing six (6) months' written notice to the other party. 7. The Hunt Club shall indemnify and hold hannless the County, its agents and employees from any claim or liability resulting from the use of the subject property by the Hunt Club, its agents or invitees. In addition, the Hunt Club shall continue to carry a general liability insurance policy, in an amount acceptable to the County, that names the County as an additional insured. Certificate(s) of insurance reflecting this coverage must be furnished to the County within 15 days of the transfer of the subj ect property, and upon any subsequent request of the County. Said insurance coverage shall not be reduced or amended without the prior notice and consent of the County. 8. Except as otherwise amended herein, the County shall assume all rights and privileges inuring to the "Landowner" in said Byrom Agreement. 9. Except as otherwise amended herein, the Hunt Club shall continue to abide by all duties and obligations required of the "Club" in said Byrom Agreement. 10. This Agreement shall be effective as of the transfer of the subject property, and unless otherwise duly tenninated or otherwise amended, shall remain in effect until July 31,2008. This agreement shall be binding upon the legal representatives, successors and assigns of the parties. WITNESS the following signature and seal: COUNTY OF ALBEMARLE, VIRGINIA /J EAL) B'{ i BIG EIGHT HUNT CLUB 2 Bya~ :R~AL) Edward LeWIs Vice President STATE OF VIRGINIA, AT LARGE. ·€ffY"/COUNTY OF A \ ~ mCL \" It.. , to wit: -tj. ì):'c e (Y\ bet The foregoing instrument was acknowledged before me this 26' day of No'.'ember, 2004, by Robert W. Tucker, Jr., County Executive, on behalf of the County of Albemarle, Virginia. þJ {¡¡ My commission expires \ '3\ 0 . ~~O,~ Notary Public STATE OF VIRGINI~ AT LARGE €ff¥/COUNTY OF H I be m OJ Ie.., to wit: c """])ecernbe/"' The foregoing instrument was acknowledged before me this (~D- day of Novcmbcr, 2004, by Edward Lewis, Vice President of the Big Eight Hunt Club. . My commission expires J l...L~ '3 \ I a 005 . ~)oIUC'Á- P HJ)D- Notary Public Approved as to Form: By: "I -) " LAND USE AGREEMENT FOR I)ERMISSION TO HUNT ~ This Land Use Agreement, by and between, Robert M. and Patricia A. UyrulII, 6584 Ulackwclls Hollow Road, Route 2, Uox 432, Crozet, Virginia 22932-1519, hereinafter referred to as "LANDOWNER." and members orthe Big Eight Hunt Club, hereinafter referred as "CLUB," enlered into this _LÞ£:__ day of .-J--'-'-L7 e: , Zt:)¿>'3. for the purpose of granting to CLUU pennission to hunl un the premises described in this Agreement according to the terms stated herein. WITNESSETH: I. In consideration of the fccsto be paid by CLUB and the obligaliuns assumed by CLUß herein. but subjeclto the terms and conditions hereinafter set forth, LANDOWNER does hereby grant unlo CLUU the exclusive right and privilege to hunt, shoot and take any animal and species of game as authorized by the laws of the United States of America, the Commonwealth of Virginia and the County uf Albemarle, in accordance with the rules and regulations adopted by such authorities, upon the following described property, to-wit: Cottonwood Farm, an 818 acre timber farm, located on Route 810 White Hall District, Albemarle County, Virginia, which address is Route 2, Box 432 or 6584 Blackwells Hollow Road, Route 2, Box 432, Crozet, Virginia 22932, excluding portions of Tracks Band C as mutually agreed to, and identified on plat, entitled "SUBDIVISION PLAT OF TRACTS A, 13, C, AND D - A DIVISION or PORTIONS or TAX MAP 6 - PARCELS 28 &29 ROBERT M. AND PATRICIA A. BYROM PROPERTY, WHITE HALL DISTRICT, ALBEMARLE COUNTY, VIRGINIA," daled January 12, 1993, prepared by W. Morris Foster, Land Surveyor, which pial is duly ofrccord in the Albemarle County Circuit Court Clerk's Officc in Deed Book 1306, Page 730. NOTE: The boundaries orthese excluded portions of Tracks 13 and C are to be marked in blaze orange. 2. This Agreement shall be for a period of 5 year(s), commencing August 1,2003 and ending July 31, 2008, wllcss terminated earlier as hereinafter provided. 3. The consideration to be paid LANDOWNER by CLUB as compensatiun fur the lerm slaled above is, and payment shall be made on or before November lot of cach year: 2003 = $3,325.00 2004 = $3,450.00 2005 = $3,575.00 2006 = $3,700.00 2007 = $3,825.00 4. In addition to the rights set forth in paragraph I hcrein, the CLUB shall have the following additional privileges on the above described lands during the term of this agreement: a. CLUß may camp on the land area covered by lhis agreement; b. CLUB may park camping vchicles althe site of Ihe prescnt camp. .;:-, /£- {:t J- JY1 1 : , 5. CLUB agrees that it will occupy the premises described herein as a prudent caretaker. To that end, CLUB covenants and agrees to the following speci fic terms: a. CLUB agrees to patrol said property by its members, or any agents employed by it, and to prevent trespassing and poaching. LANDOWNER AND CLUß shall adequately post the property on all boundaries with "No Hunting" and "Nu Trespassing" signs, which shall be supplied by LANDOWNER; }.;. b. CLU13 shall not engage in rapid lìre shooting, for hunting ur target shooting beyund two (2) shots, when necessary, except three (3) shots when grouse hunting. CLUB shall at no time fire toward residential areas or Route 810; c. CLUB shall not dig or dredge any canals, ditches or pomls, or erect or build any levees or darns, or otherwise change or alter the premises, and upuntermination of this agreement, CLUB shall restore the premises as nearly as possible to their original condition. d. All Hunters exercising rights through CLUB including minurs and guests shall meet Virginia Game Commission hunting license application standards. 6. This Agreement is granted subject to all existing or future surface leases. minerallcascs, servitudes, rights of way, permits and other contracts of any kind, whether recorded, or unrecorded, affecting the described premises, and LANDOWNER reserves the full use and enjoyment and the right to grant to others the full use and enjoyment of the property described herein, both surface and subsurlàce, or any and all purposes except those granted and to the extent granted CLUB herein. Without limiting the generality of the foregoing, LANDOWNER hereby expressly reserves: a. The right to use and enjoy the logging roads and other trails on the farm; b. The right to hunt and fish upon the property herein described. LANDOWNER agrees to notify CLUB in advance at any time LANDOWNER or LANDOWNER'S family members will hunt upon the premises des(,Tibed herein, provided they meet CLUB hunting regulations. c. The right to camp upon the premises described herein except during hunting season; however, if LANDOWNER or LANDOWNER'S family wishes to camp on Sunday during hunting season, they cannot setup their camp earlier than one hour aller sunset on Saturday evening. Prior notice will be given to the CLUB of those camping dates. 7. CLUB agrees to indemnify and hold harmless LANDOWNER, his successors and assigns. from and against any loss, damage, cost, or charge, including court costs and attorney's fees, as a result of any claim of liability, damage, loss or injury to any person, animal, or property arising frol1l CLU13's use of the property. 8. LANDOWNER reserves and retains for itsclfand its grantees all rights to enter upon the premises described in this Agreement for the purpose of forestry management, looking aner the said property, and for purposes of logging, cutting and removing trees, timber and pulpwood there from, and for conducting any and all forestry management or exploitation practices thereon at any season of tile year, and for all other purposes. LANDOWNER will coordinate any sllch activities beforehand with the CLUB. CLUB members may use downed trees for firewood. 9. The rights and privileges granted pursuant to this Agreement are not assignable, and CLUB shall not assign any rights granted pursuant to this Agreement. ---~7 ! ! , 10. Any violation by a CLUB member of any applicable conservation laws and/or legal regulations pertaining to hunting and fishing and to camp-hunting shall result in immediate termination or the violator with no liability on the part of LANDOWNER. CLUB sha.11 proviùe LANDOWNER with CLUB regulations. ':'i II. CLUB agrees to assume responsibility fur the maintenance or the loggi!tg roaùs and other trails used for hunting purposes located on the subject property. The term "maintenance" shall include, but not be limited to, adding stone, clearing obstructions, grading or scraping the roads as necessary, cleaning or recutting ditches as necessary, trimming brush along the roadside, unplugging or opening culverts or drainpipes, and performing any and all other necessary work required to maintain the roads to a standard satisfactory to CLUB. LANDOWNER shall provide grass seed as requireù to control sOil erosion on the premises. CLUB will arrange for and supervise outside contractor work when required to maintain the roads and trails. 12. This Agreement may be canceled by either party hereto by giving one year notice to the other at the address shown on page I. In the event LANDOWNER terrninates the Agreement under this provision, the compensation paid for the year which the Agreement is terminated shall be prorated to the date of termination, and LANDOWNER shall refund the CLUB any fees paid for the balance of the term, which amount shall be offset by any sum owed pursuant to paragraph 7 herein. 13. CLUB agrees to inform its members and guests of their obligations and responsibilities under this Agreement. 14. LANDOWNER and CLUB shall have the right to immediately term inate this Agreement in the event any of the above provisions are breached. Giv<n uodcr 0", h,od, Ih;, j... T d,YOr ' ZPd ~. D'le~/, 7_~P~ ~~u~~ Date ~ /.1 2P¿P> ...1. '" ~ - . .I ~ / )atri~ia A. Byrom, La~d~ /~ Date Edward Lewis, Vice-President The Big Eight Hunt Club NOVEMBER 10, 2004 CLOSED SESSION MOTION I MOVE THAT THE BOARD GO INTO CLOSED SESSION PURSUANT TO SECTION 2.2-3711 (A) OF THE CODE OF VIRGINIA · UNDER SUBSECTION (5) TO DISCUSS A PROSPECTIVE BUSINESS LOCATING IN THE COUNTY; · UNDER SUBSECTION (7) TO DISCUSS WITH LEGAL COUNSEL AND STAFF SPECIFIC LEGAL ISSUES REGARDING AN INTERJURISDICTIONAL AGREEMENT; AND · UNDER SUBSECTION (7) TO CONSULT WITH LEGAL COUNSEL AND STAFF REGARDING PENDING LITIGATION. RESOLUTION WHEREAS, the University Real Estate Foundation (UREF) desires to facilitate the industrial development of property located in the County of Albemarle; and WHEREAS, this property is expected to be the site of new private capital investment in land, building, and manufacturing equipment which will provide substantial employment; and WHEREAS, the subject property has no access to a public street or roadway and will require the construction of a new roadway which will connect to the intersection of Quail Run (Route 1666) and Lewis and Clark Drive (Route 1571); and WHEREAS, the County of Albemarle hereby guarantees that the necessary environmental analysis, mitigation and right of way for this new roadway and utility relocation Or adjustments, if necessary, will be provided at no cost to the Virginia Department of Transportation; and WHEREAS, the County of Albemarle acknowledges that the State Environmental Review Process (SERP) must be completed prior to any construction activity on this project as a condition of the use of the Industrial, Airport and Rail Access Fund. WHEREAS, the County of Albemarle hereby guarantees that all ineligible project costs and any other costs not justified by eligible capital outlay will be provided from sources other than the Industrial, Airport and Rail Access Fund. NOW, THEREFORE, BE IT RESOLVED that the County of Albemarle Board of Supervisors hereby requests that the Commonwealth Transportation Board provide financing from the Industrial, Airport and Rail Access Fund to provide an adequate road to this property; and BE IT FURTHER RESOLVED that the County of Albemarle hereby agrees to provide a surety or bond, acceptable to and payable to the Virginia Department of Transportation, in the full amount of the cost of the road; this surety shall be exercised by the Department of Transportation in the event that sufficient qualifying capital investment does not occur on tax map parcel 32-6A within five years of the Commonwealth Transportation Board's allocation of funds pursuant to this request. BE IT FURTHER RESOLVED that the County of Albemarle Board of Supervisors hereby agrees that the new roadway so constructed will be added to and become a part of the road system of the Secondary System of Highways. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of six to zero, as recorded below, at a meeting held on November 10. 2004. Clerk, Board of County Supervisors Mr. Bowennan Mr. Boyd Mr. Domer Mr. Rooker Ms. Thomas Mr. Wyant Aye Nay ~ ~ ~ ~ ~ ~ Acknowledgment of the Virginia Department of Transportation's State Environmental Review Process Requirement for Projects Utilizing VDOT Funding This acknowledgement should accompany all requests by locality for state fundingfor Access Road Program projects As a representative for the County of Albemarle, my signature below indicates tlùs locality's understanding of the following: The State Environmental Review Process (SERF) is a product of the Code of Virginia § 10.1-1188 and a subsequent agreement entered into by the Secretaries of Transportation and Natural Resources to provide for the environmental review of state funded projects prior to construction. This 60-120 day process is accomplished by VDOT based upon information provided by local government and must be completed prior to construction and the actual distribution of the funds authorized by the Commonwealth Transportation Board (CTB). The locality will provide the VDOT Resident Engineer or representative with specific information on construction activities for, the subject project to be funded by Special Funding Programs from VDOT's Secondary Roads Division. The locality will also provide the VDOT Resident Engineer or representative with the results of any environmental reviews previously performed on the project area relative to the subject project. The locality will not begin construction activities within the access roadway until receiving written notification from the VDOT Resident Engineer or representative of the completion of the SERF, along with details regarding the environmental commitments that remain outstanding. The locality will not permit access road project construction activities to occur within the area of the access roadway project until an agreement between the Department and the locality has been fully executed. The locality is responsible for seeing that all outstanding environmental commitments are completed or addressed satisfactorily prior to construction. The Department reserves the right to refuse reimbursement of costs associated with this Industrial Access project should the locality neglect to comply with responsibilities assumed by engaging in any activity which may impact the project. Should any land disturbance activities associated with the access road project occur within the project area prior to the completion of the SERF and satisfaction of associated outstanding environmental commitments, the project will no longer be considered eligible for funding approved by the CTB for this project. Project Namel Description: UREF - North Fork Business Park Industrial Access from the Lewis and Clark Drive I Quail Run intersection Name: Title: City I Town I County: Robert W. Tucker, Jr. County Executive County of Albemarle Signature: Date: