HomeMy WebLinkAbout2005-07-06
BOARD OF SUPERVISORS
TENTATIVE
JULY 6, 2005
9:00 A.M., MEETING ROOM 241
COUNTY OFFICE BUILDING
1. Call to Order.
2. Pledge of Allegiance.
3. Moment of Silence.
4. From the Public: Matters Not Listed on the Agenda.
5. Recognitions.
a. Recognition of EMS Personnel.
b. Introduction of Susan Stimart, Business Development Facilitator.
c. Proclamation recognizing August 2 through August 7, 2005 as Albemarle County Fair
Week.
6. Consent Agenda (on next page).
7. 9:25 a.m. - Transportation Matters:
a. VDOT Rural Addition Policy - Eligibility to Participate.
b. Other Transportation Matters.
8. 9:50 a.m. - Discussion: Temporary Signs.
9. 10:00 a.m. - Annual Real Estate Reassessment Update.
10:30 a.m. - Recess
10. 10:45 a.m. - Public Hearings:
a. Proposed FY 2005 Budget Amendment.
b. Proposed FY 2006 Budget Amendment.
11. 11 :00 a.m. - Formation of Natural Heritage Committee (deferred from May 4,2005).
12. 11 :20 a.m. - Rural Area Comprehensive Plan Implementation.
13. 11 :40 a.m. - 2006 Legislative Priorities.
14. 12:00 Noon - Closed Session.
15. Certify Closed Session.
16. Boards and Commissions:
a. Vacancies/Appointments.
2:00 p.m. - Public Hearinas:
17. To consider the adoption of an ordinance to amend Chapter 10, Offenses--Miscellaneous, of the
Albemarle County Code to prohibit any person standing on any public roadway or center median
from distributing material, soliciting contributions, or selling merchandise to the occupants of
motor vehicles on public roadways.
18. SP-2005-007. The Garden Barn (Sians #28&29). Request to allow farm sales in accord w/Sec
10.2.2(45) of the Zoning Ord which allows for farm sales. TM 21, P 5B1, contains 30.754 acs (of
which 3 acs are included in this request). Znd RA. Loc at 5625 Spring Hill Rd (Rt 606), approx
1,500 feet W of its intersect w/Seminole Trail (Rt 29). White Hall Dist.
19. SP-2005-009. Cedar Hill Mobile Home Park Re-approval of Special Use Permit to Expand
Existina Mobile Home Park (Sian #32). Request for re-approval of an expansion of an existing
Mobile Home Park from 77 lots to 109 lots (SP-03-06) in accord w/Sec 15.2.2.14 of the Zoning
Ord which allows for mobile home subdivisions. TM 32, P 221, contains 25.95 acs. 21.13 acs of
the property are znd R-4 & the remaining 4.82 acs are znd LI. Property also znd EC. Loc at 2073
Cypress Dr, approx one quarter mile S of intersec of Rt 29 & N Park Rd. Rio Dist.
20. Additions to the Moorman's River Aaricultural/Forestal District. Ordinance to amend Sec 3-
222, Moorman's River Agricultural & Forestal District, of Division 2, Districts, of Article II, Districts
of Statewide Significance, of Chapter 3, Agricultural and Forestal Districts, of the Albemarle
County Code. The proposed ordinance would add TMPs 29-15C, 29-85 & 41-15A to the district.
White Hall Dist.
21. From the Board: Matters Not Listed on the Agenda.
22. Adjourn.
CONSENT AGENDA
FOR APPROVAL:
6.1 Approval of Minutes: February 2, March 21 and March 23, 2005.
6.2 Advisory guidelines to VDOT for review of property owner initiated and funded improvements to
public roads.
6.3 Authorize County Executive to sign Natural Heritage Data License.
6.4 Authorize County Executive to sign Crozet Streetscape Enhancement Project Agreement.
6.5 Resolution of Intent - Contractor's Office and Equipment Storage Yard change from by-right
use in LI zoning district to use by special use permit.
6.6 Resolution to accept road(s) in Hollymead Subdivision into the State Secondary System of
Highways.
6.7 Resolution to accept road(s) in Boston Creek Subdivision into the State Secondary System
of Highways.
6.8 FY 2005/06 Budget Issues - Sheriff's Staffing.
6.9 Revisions to Petty Cash Resolution.
6.10 Revisions to Personnel Policy P-02.
6.11 Alberene Road (Route 719) Child At Play Sign Request.
FOR INFORMATION:
6.12 Notice of Virginia Land Conservation Foundation Grant Award to the Acquisition of
Conservation Easements (ACE) Program.
6.13 Copy of Resolution adopted by the Rockingham County Board of Supervisors, re: Local
Real Property Taxing Authority.
6.14 Report on Homeland Security Grants.
6.15 Copy of letter dated June 3, 2005 from John Shepherd, Manager of Zoning Administration, to
Brian S. Ray, Roger W. Ray and Assoc., Inc., re: Official Determination of Development
Rights and Parcels - Tax Map 16, Parcels 7, 10, 10A1, 10A3 & 11 and Tax Map 28, Parcels
23D & 23H (property of Chapel Spring Farms Holdings, LLC) - Section 10.3.1.
6.16 VDOT Monthly Report for July, 2005.
6.17 Copy of memorandum dated June 27,2005 from Thomas L. Frederick, Executive Director,
Rivanna Water and Sewer Authority, to the Rivanna Water & Sewer Authority Board of
Directors, re: Community Water Supply Plan and Gannett Fleming Contract.
6.18 Copy of draft Planning Commission minutes for June 14 and June 21, 2005.
BOARD OF SUPERVISORS
FINAL
JULY 6, 2005
9:00 A.M., MEETING ROOM 241
COUNTY OFFICE BUILDING
1 . Call to Order.
2. Pledge of Allegiance.
3. Moment of Silence.
4. From the Public: Matters Not Listed on the Agenda.
5. Recognitions.
a. Recognition of EMS Personnel.
b. Introduction of Susan Stimart, Business Development Facilitator.
c. Proclamation recognizing August 2 through August 7,2005 as Albemarle County Fair
Week.
6. Consent Agenda (on next page).
7. 9:25 a.m. - Transportation Matters:
a. VDOT Rural Addition Policy - Eligibility to Participate.
b. Other Transportation Matters.
8. 9:50 a.m. - Discussion: Temporary Signs.
9. 10:00 a.m. - Annual Real Estate Reassessment Update.
10:30 a.m. - Recess
10. 10:45 a.m. - Public Hearings:
a. Proposed FY 2005 Budget Amendment.
b. Proposed FY 2006 Budget Amendment.
11. 11 :00 a.m. - Formation of Natural Heritage Committee (deferred from May 4, 2005).
12. 11 :20 a.m. - Rural Area Comprehensive Plan Implementation.
13. 11 :40 a.m. - 2006 Legislative Priorities.
14. 12:00 Noon - Closed Session.
15. Certify Closed Session.
16. Boards and Commissions:
a. Vacancies/Appointments.
2:00 p.m. - Public Hearinas:
17 . To consider the adoption of an ordinance to amend Chapter 10, Offenses--Miscellaneous, of the
Albemarle County Code to prohibit any person standing on any public roadway or center median
from distributing material, soliciting contributions, or selling merchandise to the occupants of
motor vehicles on public roadways.
18. SP-2005-007. The Garden Barn (Sians #28&29). Request to allow farm sales in accord w/Sec
10.2.2(45) of the Zoning Ord which allows for farm sales. TM 21, P 5B1, contains 30.754 acs (of
which 3 acs are included in this request). Znd RA. Loc at 5625 Spring Hill Rd (Rt 606), approx
1,500 feet W of its intersect w/Seminole Trail (Rt 29). White Hall Dist.
19. SP-2005-009. Cedar Hill Mobile Home Park Re-approval of Special Use Permit to Expand
Existina Mobile Home Park (Sian #32). Request for re-approval of an expansion of an existing
Mobile Home Park from 77 lots to 109 lots (SP-03-06) in accord w/Sec 15.2.2.14 of the Zoning
Ord which allows for mobile home subdivisions. TM 32, P 221, contains 25.95 acs. 21.13 acs of
the property are znd R-4 & the remaining 4.82 acs are znd LI. Property also znd EC. Loc at 2073
Cypress Dr, approx one quarter mile S of intersec of Rt 29 & N Park Rd. Rio Dist.
20. Additions to the Moorman's River Aaricultural/Forestal District. Ordinance to amend Sec 3-
222, Moorman's River Agricultural & Forestal District, of Division 2, Districts, of Article II, Districts
of Statewide Significance, of Chapter 3, Agricultural and Forestal Districts, of the Albemarle
County Code. The proposed ordinance would add TMPs 29-15C, 29-85 & 41-15A to the district.
White Hall Dist.
21. From the Board: Matters Not Listed on the Agenda.
22. Adjourn.
~
CONSENT AGENDA
FOR APPROVAL:
6.1 Approval of Minutes: February 2, March 21 and March 23, 2005.
6.2 Advisory guidelines to VDOT for review of property owner initiated and funded improvements to
public roads.
6.3 Authorize County Executive to sign Natural Heritage Data License.
6.4 Authorize County Executive to sign Crozet Streetscape Enhancement Project Agreement.
6.5 Resolution of Intent - Contractor's Office and Equipment Storage Yard change from by-right
use in LI zoning district to use by special use permit.
6.6 Resolution to accept road(s) in Hollymead Subdivision into the State Secondary System of
Highways.
6.7 Resolution to accept road(s) in Boston Creek Subdivision into the State Secondary System
of Highways.
6.8 FY 2005/06 Budget Issues - Sheriff's Staffing.
6.9 Revisions to Petty Cash Resolution.
6.10 Revisions to Personnel Policy P-02.
6.11 Alberene Road (Route 719) Child At Play Sign Request.
FOR INFORMATION:
6.12 Notice of Virginia Land Conservation Foundation Grant Award to the Acquisition of
Conservation Easements (ACE) Program.
6.13 Copy of Resolution adopted by the Rockingham County Board of Supervisors, re: Local
Real Property Taxing Authority.
6.14 Report on Homeland Security Grants.
6.15 Copy of letter dated June 3, 2005 from John Shepherd, Manager of Zoning Administration, to
Brian S. Ray, Roger W. Ray and Assoc., Inc., re: Official Determination of Development
Rights and Parcels - Tax Map 16, Parcels 7, 10, 10A1, 10A3 & 11 and Tax Map 28, Parcels
23D & 23H (property of Chapel Spring Farms Holdings, LLC) - Section 10.3.1.
6.16 VDOT Monthly Report for July, 2005.
6.17 Copy of memorandum dated June 27, 2005 from Thomas L. Frederick, Executive Director,
Rivanna Water and Sewer Authority, to the Rivanna Water & Sewer Authority Board of
Directors, re: Community Water Supply Plan and Gannett Fleming Contract.
6.18 Copy of draft Planning Commission minutes for June 14 and June 21, 2005.
ACTIONS
Board of Supervisors Meetino of Julv 6, 2005
July 8, 2005
AGENDA ITEM/ACTION ASSIGNMENT
1. Call to Order.
· Meeting was called to order at 9:05 a.m. by the
Chairman, Mr. Rooker. All BOS members,
except Mr. Dorrier, were present. Also present
were Bob Tucker, Larry Davis and Debi
Moyers.
4. From the Public: Matters Not Listed on the Agenda.
· John Martin, who lives in Free Union, spoke Clerk: Forward comments to Tom Frederick of
about the protection of the Chesapeake Bay. Rivanna.
Given this community's commitment to the
Chesapeake Bay, it seems to him, this would
be the appropriate time for the Board to have
staff consult with Rivanna and find out what
Rivanna is voluntarily doing to reduce nutrient
loads in the river and to see what additional
things it can do voluntarily.
· Jamie Spence, with Church Hill Development
and a member of the Affordable Housing
Implementation Committee, spoke about
housing issues.
· Neil Williamson, with the Free Enterprise
Forum, spoke about workforce housing and
housing prices in the area. He gave the Board
a copy of a recently released Department of
Housing and Urban Development Study that
focused on the impacts and regulatory barriers
on developing workforce and affordable
housing.
· Jeff Werner, with Piedmont Environmental
Council, spoke about affordable housing and
the market place.
5a. Recognition of EMS Personnel.
· Chairman recognized the following personnel
for May 19, 2005 emergency response:
Captain David Puckett, FF/Medic John James,
FF/EMT Quen Marchant, John Burruss,
Paramedic, Duty Officer, Carrie Weber,
Paramedic, Ashleigh Edwards, EMT/Shock
Trauma Technician, Lisa Jensen, EMT, Steve
Hull, EMT, Celeste Smelser, EMT Cardiac
Technician, Debbie Wade, Lisa Fitzgerald,
Officer Darrell Byers, Officer Michael Easton,
Kara Conley, RN, Kristi Mann, RN and Ann
Harris.
5b. Introduction of Susan Stimart, Business
Development Facilitator.
· Mr. Tucker introduced Susan Stimart, the
County's newly hired Business Development
Facilitator.
5c. Proclamation recognizing August 2 through August (Attachment 1)
7, 2005 as Albemarle County Fair Week.
· Chairman PRESENTED proclamation to Lauren
Hensley, Pre-Teen Miss Albemarle County Fair
2004.
6.2 Advisory Quidelines to VDOT for review of property Juan Wade: Forward Quidelines to VDOT.
owner initiated and funded improvements to public (Attachment 2)
roads.
· APPROVED the guidelines and requested that
staff forward them to VDOT for use with similar
improvement projects in the future.
6.3 Authorize County Executive to sign Natural County Attorney: Provide Clerk with copy of
Heritage Data License. signed document.
· AUTHORIZED County Executive to sign the (Attachment 3)
Department of Conservation and Recreation
Natural Heritage Program License on behalf of
the County after it is modified to meet all legal
requirements deemed necessary by the County
Attornev.
6.4 Authorize County Executive to sign Crozet County Attorney: Provide Clerk with copy of
Streetscape Enhancement Project Agreement. signed document.
· AUTHORIZED County Executive to sign the
agreement on behalf of the County after it has
been approved as to form by the County
Attorney with any necessary revisions.
6.5 Resolution of Intent - Contractor's Office and Clerk: Forward copy of adopted resolution to
Equipment Storage Yard change from by-right use Planning Department and appropriate
in LI zoning district to use by special use permit. individuals, to proceed with proposed
· ADOPTED the attached Resolution of Intent to amendments for public hearing.
amend the Zoning Ordinance to change (Attachment 4)
contractor's office and equipment storage yard
from a by-right use to a special use permit in
the Light Industrial (LI) District.
· Recommended regular Commission and Board
public hearinQs be held.
6.6 Resolution to accept road(s) in Hollymead Clerk: Forward signed resolution to Greg
Subdivision into the State Secondary System of Cooley in Department of Community
Highways. Development.
· ADOPTED the attached resolution. (Attachment 5)
6.7 Resolution to accept road(s) in Boston Creek Clerk: Forward signed resolution to Greg
Subdivision into the State Secondary System of Cooley in Department of Community
Highways. Development.
· ADOPTED the attached resolution. (Attachment 6)
6.8 FY 2005/06 Budget Issues - Sheriffs Staffing. OMB: Notify Sheriff's office of Board actions.
· APPROVED in FY 05/06 budget one additional
deputy, including one-time start up costs, and a
half-time clerical position, for a total cost of
$61,379.
6.9 Revisions to Petty Cash Resolution. Clerk: Forward adopted resolution to Finance,
· ADOPTED the attached resolution. OMB and appropriate individuals.
(Attachment 7)
6.10 Revisions to Personnel Policy P-02. Clerk: Forward signed resolution to Kimberly
· ADOPTED the attached resolution. Suyes and copy County Attorney's office.
· Ms. Thomas asked that a letter of appreciation Roxanne White: Draft letter and forward to
be sent to the DSS employees who are Clerk.
continuinq in their positions despite a pay cut. (Attachment 8)
6.11 Alberene Road (Route 719) Child At Play Sign Clerk: Forward signed resolution to Juan Wade
Request. to forward necessary paperwork to VDOT.
· ADOPTED the attached resolution. (Attachment 9)
7a. VDOT Rural Addition Policy - Eligibility to Mark Graham: Notify VDOT of Board's action.
Participate.
· DISCUSSED. CONSENSUS of the Board not
to change the Subdivision Ordinance in order to
maintain eligibility for the Rural Additions
Proç¡ram.
7b. Other Transportation Matters.
Jim Utterback:
· Gave update on Rural Rustic Roads. Work on
Allen Road is complete. Gilbert Station Road is
30 to 40 percent complete.
· Talked to residency engineer in Nelson County
regarding Heards Mountain Road and they are
planning to complete their portion of the road
next year.
· No significant progress on Blenheim Road.
Provided an update on the current status of
work. Mr. Wyant asked about requiring bonding
for such roads. Mr. Utterback said he would
check into that.
· Provided update on the Route 743/606 signal at
temporary location while construction is going
on. Waiting on feedback from FAA.
· Stated VDOT is working with Richmond on the
Six-Year Secondary Program. They are
changing the software and the format used will
be different this year. It will track estimates,
expenditures, and program allocations similar to
the new primary road program tracking system.
David Wyant:
· Asked about the status of the curve on Buck
Mountain/Route 810. Mr. Utterback said VDOT
is in the process of pavement markings and
changing the sign configuration.
· Mentioned a drainage issue on Buck
Mountain/St. George Avenue.
· In Claymont Subdivision, the surface treatment
is one of the best he has seen. Asked how the
pavement can be preserved. Concerned that it
is already beginning to tear up.
· Asked if Mr. Utterback had heard of
Ruckersville Parkway. Mr. Utterback
responded he had not.
Sally Thomas:
· Said right-of-way for Dickerson Road is not
entirely available. Mr. Cilimberg said that will
be discussed during review of the Six-Year
Plan.
· Asked if the speed limit signs could be more
"official" at the Tillman Road intersection. Said
no one is paying attention to "advisory" speed
limit. Mr. Utterback said he talked with the
traffic engineer yesterday and he is going to
look at it again.
· Now that Allen Road is paved, she has received
a request for a posted speed limit. Mr.
Utterback said a speed study will be done to
see what the proper speed should be.
Mr. Rooker:
· Asked about the Airport Road, September 2,
2005 completion date. Mr. Utterback said that
is still the completion date. He added that
$4,820,177 is the amount awarded to the
contractor. VDOT costs are added to that.
· When Garth Road and Earlysville Road are
repaved, he asked that they be paved wider to
accommodate bicyclists. Said it would be
helpful if VDOT could look at the County's
bicycle plan and try to widen the shoulders for
roads that are on the bicycle plan.
Ken Boyd:
· Wanted to know if Gilbert Station Road could
be extended to Ashlee, another 4/1 Oths of a
mile. Mr. Utterback said "no" because of the
budget and VDOT does not have any permitting
to do the added project.
· Asked if VDOT sent their traffic engineer out a
second time to look at the Forest Lakes/CVS
signal. Mr. Utterback said they did and no
action was required. Will forward traffic
engineer's email to Mr. Boyd.
· Asked status of Rocky Hollow Road request to
lower speed limit. Mr. Utterback said they are
still evaluatinç¡ the request.
8. Discussion: Temporary Signs.
· DISCUSSED. CONSENSUS of the Board not
to chanç¡e the temporary siç¡n policy.
9. Annual Real Estate Reassessment Update. Clerk: Schedule public hearing for the Fall.
· DISCUSSED. APPROVED staff's
recommendation to proceed with implementing
an annual reassessment beginning in 2007,
effective 1/1/2008. CONSENSUS of the Board
to take to public hearing.
. The Board recessed at 11 :05 a.m. and reconvened
at 11 :19 a.m.
10a. Proposed FY 2004-05 Budget Amendment. Clerk: Forward signed appropriation forms to
· APPROVED FY 2005 Budget Amendment in Richard Wiggans, OMB and copy appropriate
the amount of $1 ,974,025.39. individuals.
· APPROVED FY 2005 Appropriations
#2005060, #2005061, and #2005062.
10b. Proposed FY 2005-06 Budget Amendment. Clerk: Forward signed appropriation forms to
· APPROVED FY 2006 Budget Amendment in Richard Wiggans, OMB and copy appropriate
the amount of $3,565,334.00. individuals.
· APPROVED FY 2006 Appropriations
#2006001,#2006002,and#2006003,and
#2006004.
11. Formation of Natural Heritage Committee (deferred Clerk: Forward copy to Scott Clark and
from May 4, 2005). advertise for applications.
· DISCUSSED. APPROVED, by a vote of 3:2, (Attachment 10)
formation of the Natural Heritage Committee.
· At this time, removed Task F from the
recommended Charç¡e and Outline of Tasks.
12. Rural Area Comprehensive Plan Implementation. Clerk: Schedule joint meeting with Planning
· CONSENSUS of the Board to hold a joint Commission in September.
meeting with the Planning Commission in
September to address/discuss issues.
13. 2006 Legislative Priorities. Andy Bowman: Submit priorities to the T JPDC
· DISCUSSED. APPROVED Proposed 2006 and V ACo.
Legislative Priorities with additional language to
Growth Management section under Land Use
and Growth Management Priorities opposing
legislation that would diminish the County's land
use powers.
· Mr. Rooker brought up issue of cable franchise Clerk: Forward copy of prior discussion and
in Albemarle County. Thinks the County should information on this issue to the Board.
move forward with Comcast and a cable
franchise agreement. One benefit would be to
provide cable access coverage of the Board
meetings.
14. Closed Session: Personnel and Legal Matters.
· At 12:12 p.m., the Board went into closed
session to consider appointments to boards,
committees, and commissions; to discuss with
legal counsel and staff specific legal issues
regarding pending litigation relating to the
denial of a site plan; and to discuss with legal
counsel and staff specific legal issues relating
to the collection of taxes.
15. Certified Close Session.
· At 2:12 p.m., the Board reconvened into open
session and certified the closed session.
16a. Vacancies/Appointments. Clerk: Prepare reappointment/appointment
· REAPPOINTED Ann Mallek and Stephen letters, update Boards and Commissions book
McLean to ACE Committee with said terms to and notify appropriate persons.
expire August 1, 2008.
· REAPPOINTED John Chamales to Jail
Authority with said term to expire August 6,
2008.
· REAPPOINTED Juan Wade and Clifford Buys
to Jaunt Board with said terms to expire
September 30,2008.
· REAPPOINTED Caroline Taylor to Jordan
Development Corporation with said term to
expire August 13, 2006.
· REAPPOINTED Fred W. Shields, Jr. to Land
Use Tax Advisory Board with said term to
expire September 1,2007.
· APPOINTED David Bynes to Commission on
Children and Families with said term to expire
June 30, 2008.
17. To consider the adoption of an ordinance to amend Clerk: Forward adopted ordinance to County
Chapter 10, Offenses--Miscellaneous, of the Attorney's Office for inclusion in next update of
Albemarle County Code to prohibit any person County Code and copy Police Department.
standing on any public roadway or center median (Attachment 11 )
from distributing material, soliciting contributions, or
selling merchandise to the occupants of motor
vehicles on public roadways.
· ADOPTED the ordinance, by a vote of 5:0.
· Mr. Rooker suggested developing a sheet that
lists the Social Service agencies in the area and
contact information to hand out to individuals.
18. SP-2005-007. The Garden Barn (Signs #28&29). Clerk: Set out conditions of approval.
· APPROVED SP-2005-007, by a vote of 5:0, (Attachment 12)
subject to the three conditions recommended
by the Planninç¡ Commission.
19. SP-2005-009. Cedar Hill Mobile Home Park Re- Clerk: Set out conditions of approval.
approval of Special Use Permit to Expand Existing (Attachment 12)
Mobile Home Park (Sign #32).
· APPROVED SP-2005-009 (Reapproval of SP-
03-06), by a vote of 5:0, subject to the four
conditions recommended by the Planning
Commission.
20. Additions to the Moorman's River Clerk: Prepare letters to applicants for the
Agricultural/Forestal District Chairman's signature, thanking them for their
· ADOPTED the ordinance, by a vote of 5:0. participation.
(Attachment 13)
21. From the Board: Matters Not Listed on the Agenda.
Bob Tucker:
· Presented Resolution of Intent from Ms. Joseph Wayne Cilimberq: Take to Planning
regarding temporary agricultural workers Commission for consideration.
housing. Said Mr. Davis made some
amendments to resolution for the Board's
consideration today. It was the DIRECTION of
the Board to refer this issue to the Planning
Commission instead of adopting a formal
motion.
David Wyant:
· Asked about his and Ms. Thomas' role in the
water supply issue. Mr. Rooker said regulators
have indicated they need to hold a pre-
application meeting. A small committee of the
Chairs from the four boards have been formed.
Ms. Thomas thanked Mr. Rooker for his hard
work.
Sally Thomas: Clerk: Forward comments to Tom Frederick of
· Discussed John Martin's earlier comments
regarding the Chesapeake Bay. Rivanna.
· She has been invited to represent this Board on
a committee that is being formed by some
people at the University of Virginia Engineering
School. They plan to look at Albemarle's
ground water, and hope to develop some
information that may be helpful in our planning
decisions.
· Updated the Board on the work of the Planning
District Commission.
· Mentioned receiving a copy of the Greenwood
Chemical Superfund Site Proposed Remedial
Action Plan Summary. Mr. Rooker asked if the
County's website can be linked to the EPA for
"contaminated site". Mr. Graham said the
County should be able to do that.
Ken Boyd:
· Stated he has asked that staff provide an
update on the Cismont junkyard issues and
what can be done to identify these sites in the
future.
22. Adjourn.
· The meetinq was adjourned at 4:07 p.m.
/djm
Attachment 1 - Proclamation Recognizing August 2 through August 7,2005 as Albemarle County Fair
Week
Attachment 2 - Guidelines to VDOT for review of property owner initiated and funded improvements to
public roads
Attachment 3 - Dept. of Conservation and Recreation, Natural Heritage Data License
Attachment 4 - Resolution of Intent - Contractor's Office and Equipment Storage Yard
Attachment 5 - Resolution to accept road(s) in Hollymead Subdivision
Attachment 6 - Resolution to accept road(s) in Boston Creek Subdivision
Attachment 7 - Petty Cash Resolution
Attachment 8 - Resolution approving proposed changes to Personnel Policy P-02
Attachment 9 - Resolution to install Child At Play Sign (Alberene Road)
Attachment 10- Natural Heritage Committee
Attachment 11- Ordinance to Amend Chapter 10, Offenses-Miscellaneous, of the Albemarle County
Code
Attachment 12- Conditions of Approval for Planning Items
Attachment 13- Ordinance to Amend Section 3-222, Moorman's River Agricultural and Forestal District
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
ATTACHMENT 1
ALBEMARLE COUNTY FAIR WEEK
for the past 24 years, the Albemarle County Fair has entertained tens of thousands
of guests during its annual production; and
the Albemarle County Fair is unique in many ways and was founded by a group of
community spirited people who wanted something special for their neighbors and
friends to enjoy and enrich their lives;
the theme of the Fair has always emphasized the County's agricultural and forestal
heritage; and
the Albemarle County Fair is a non-profit corporation operated by dedicated
volunteers, officers and directors; and
the Albemarle County Fair offers a friendly, safe atmosphere conducive to families
and their children, and it is unique in the state in that all food and drink is sold by
local non-profit organizations as an opportunity for them to raise monies for their
worthwhile programs; and
the Albemarle County Fair supports agricultural and rural lifestyles, offers exhibits
of home-art skills, crops, large livestock, small livestock and poultry, holds
competitions in livestock and numerous other farm skills, and presents nightly
entertainment for all to enjoy;
NOW. THEREFORE, I, Dennis S. Rooker, Chairman, on behalf of the Albemarle Board of County
Supervisors, do hereby proclaim the week of
AUGUST 2, 2005 THROUGH AUGUST 7, 2005
as
ALBEMARLE COUNTY FAIR WEEK
and urge all citizens to actively participate in the scheduled activities and
programs sponsored and supported by the more than 250 regional volunteers,
public and area businesses.
ATTACHMENT 2
Guidelines to be used by VDoT to process requests by property owners for major improvements within
VDoT rights of way, including the realignment/relocation of roads and the paving of unpaved roads.
1. VDoT shall contact the Albemarle County Department of Community Development and where
applicable, the Metropolitan Planning Organization (MPO), when a request for a major road
improvement (realignment/relocation and/or paving of an unpaved road) is received that would
take place completely within the VDoT right of way and/or the property owner's land.
2. The Resident Engineer will provide County staff basic information regarding the scope of the
project. This information will include, but not be limited to, the location (with terminus points),
length, type of improvements, and what additional properties are impacted. VDoT shall also
provide its comments or concerns for the improvement.
3. An evaluation by County staff of the scope of the project and its consistency with County policies
and the Comprehensive Plan will be provided to the Board of Supervisors. The Board will
determine if area residents should be informed/notified of the proposed improvement. The
notification can be by letter to area property owners, posting of signs along the subject road
segment, and/or by a community meeting. The impacted area will be defined on a case by case
basis.
4. Staff will compile and assess comments received from any public comment/input process and
provide them to the Board of Supervisors. The Board will provide its recommendation on the
proposed project to the VDoT resident engineer. If the Board of Supervisors supports the
proposal, a resolution of support will be adopted by the Board and forwarded to VDoT before
construction begins.
Adopted by the Board of Supervisors - July 6, 2005
ATTACHMENT 3
Department of Conservation and Recreation
Natural Heritage Program
License for Use of Digital Natural Heritage Resources Information
The Virginia Department of Conservation and Recreation's Natural Heritage Program (OCR) hereby
grants a revocable license to
(Licensee) to use the following data (include data category and geographic extent):
Use of these data is subject to the following conditions:
1 . The license is nonexclusive and revocable.
2. The license is nontransferable, and any
attempted transfer is void.
3. The license conveys no rights for Licensee
to release or distribute these data, or derivative
works containing these data, in any
electronic/magnetic or machine-readable form.
4. Licensee will identify "Virginia Department of
Conservation and Recreation, Natural Heritage
Program" as data source on any map or
publication using OCR data. If format permits,
Licensee will also include the date provided.
5. Licensee will provide OCR with a list of any
reports or printed materials prepared using
Natural Heritage Program data, and will provide
a sample copy of such material if requested by
OCR.
6. Although OCR maintains high standards of
data quality control, OCR makes no warranty as
to the fitness of the data for any purpose, nor
that the data are necessarily accurate or
complete.
7. Licensee understands and acknowledges
that these data are provided for planning and
assessment purposes only. Specific projects or
activities should be reviewed for potential
environmental impacts with appropriate
regulatory agencies. If ground-disturbing
activities are proposed in the vicinity of indicated
natural heritage resources, OCR will be
contacted for a site-specific review of the project
area.
8. Licensee understands and acknowledges
that release of precise species locations may
threaten natural heritage resources. Licensee
shall take reasonable precautions to ensure the
security of species locations.
9. If there are subscription service charges, or
any other agreements between OCR and Licensee
for sharing costs incurred by OCR in making the
data available, Licensee shall pay agreed charges
within 30 days of being billed by OCR.
10. Licensee understands and acknowledges that
the accuracy of these data is time-limited.
Licensee agrees to use OCR-provided data only
for the term specified by OCR, and to incorporate
all updates provided by OCR. By the following
date: (which shall be no
later than one year following the issuance of this
license), the licensee will either
a. certify that all copies of these data have been
destroyed or returned to DCR-NH; or
b. complete arrangements with OCR to renew the
subscription. These arrangements will include
an updated license.
Under no circumstances shall Licensee continue
using OCR-provided natural heritage resource
data for more than six months without an update.
11. Licensee will indemnify and hold OCR and its
officers and employees harmless against any
claims by third parties arising out of the use by
Licensee of the data provided hereunder.
12. This License is the entire agreement between
the parties with respect to the subject matter
hereof. It shall be construed in accordance with
the law of the Commonwealth of Virginia and may
be amended only in writing signed by both parties.
By accepting the OCR data, Licensee agrees to abide by all of the above conditions. Licensee shall sign
this license and return it to OCR to indicate receipt and acknowledgment of the terms of this license.
Licensee signature
Date
Licensee title
Licensee agency/company
Approved:
Thomas L. Smith, Director,
OCR Natural Heritage Program
Date
ATTACHMENT 4
RESOLUTION OF INTENT
WHEREAS, "contractor's office and equipment storage yard" is a use classification
authorized by right in the Light Industry (LI) zoning district (Zoning Ordinance § 27.2, entitled
"Permitted Uses"); and
WHEREAS, experience in Albemarle County has shown that this use classification may
range in intensity from one that is primarily offices with limited equipment storage and minimal
impacts to those that are more intense because less area is devoted to offices and more is
devoted to equipment storage, with associated activities including equipment transportation; and
WHEREAS, in recent years concern has been expressed by some members of the
public and public officials that the traffic, noise and other impacts arising from an intensiye
contractor's office and equipment storage yard use may create conflicts with residential areas
and rural areas in proximity to a Light Industry (LI) zoning district; and
WHEREAS, authorizing contractor's office and equipment storage yards by special use
permit in the Light Industry (LI) zoning districts would allow such a proposed use to be
evaluated on a case-by-case basis so that the impacts resulting from the use may be identified
and, if it is approved, mitigated by appropriate conditions; and
WHEREAS, it is desired to amend Zoning Ordinance § 27.2 to change the "contractor's
office and equipment storage yard" use classification from one that is allowed by right to one
that is allowed by special use permit.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity,
convenience, general welfare and good zoning practices, the Albemarle County Board of
SupeNisors hereby adopts a resolution of intent to amend Zoning Ordinance § 27.2 and any
other regulations of the Zoning Ordinance deemed appropriate to achieve the purposes
described herein.
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public
hearing on the zoning text amendment proposed by this resolution of intent, and make its
recommendation to the Board of SupeNisors, at the earliest possible date.
* * * * *
11
ATTACHMENT 5
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 6th day
of July 2005, adopted the following resolution:
RESOLUTION
WHEREAS, the street(s) in Hollymead Subdivision described on the attached Additions Form
SR-5(A) dated July 6, 2005, fully incorporated herein by reference, is shown on plats recorded in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the
Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the
Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transportation to add the road(s) in Hollymead Subdivision as
described on the attached Additions Form SR-5(A) dated July 6,2005, to the secondary system of state
highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Require-
ments; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as
described, exclusive of any necessary easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
*****
The road(s) described on Additions Form SR-5(A) is:
1 ) Broad Crossina Road (State Route 1498) from Route 1520 (Hollymead Drive) to .04
miles north on Route 1520 (Hollymead Drive) as shown on plat recorded 11/22/1993 in
the office the Clerk of Circuit Court of Albemarle County in Deed Book 1361, page 674,
with a 50-foot right-of-way width, for a length of 0.04 miles; and from .04 miles north on
Route 1520 (Hollymead Drive) to .07 miles east on Route 1498 (Broad Crossing Road)
as shown on plat recorded 11/22/1993 in the office the Clerk of Circuit Court of Albemarle
County in Deed Book 1361, page 674, with a 50-foot right-of-way width, for a length of
0.07 miles; and from .07 miles east on Route 1498 (Broad Crossing Road) to .13 miles
east on Route 1498 (Broad Crossing Road) as shown on plat recorded 11/22/1993 in the
office the Clerk of Circuit Court of Albemarle County in Deed Book 1361, page 674, with
a 50-foot right-of-way width, for a length of 0.13 miles; and from .13 miles east on Route
1498 (Broad Crossing Road) to the end of maintenance; as shown on plat recorded
11/22/1993 in the office the Clerk of Circuit Court of Albemarle County in Deed Book
1361, page 674, for a length of 0.04 miles.
Total Mileage - 0.28 miles.
12
ATTACHMENT 6
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 6th day
of July 2005, adopted the following resolution:
RESOLUTION
WHEREAS, the street(s) in Boston Creek Subdivision described on the attached Additions
Form SR-5(A) dated July 6, 2005, fully incorporated herein by reference, is shown on plats recorded in
the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the
Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the
Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transportation to add the road(s) in Boston Creek Subdivision as
described on the attached Additions Form SR-5(A) dated July 6, 2005, to the secondary system of state
highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Require-
ments; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as
described, exclusive of any necessary easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
*****
The road(s) described on Additions Form SR-5(A) is:
1) Boston Creek Drive (State Route 890) from Route 618 (Martin Kings Road) to .03 miles
south to Fluvanna County line, as shown on plat recorded OS/20/1999 in the office the
Clerk of Circuit Court of Albemarle County in Deed Book 367, page 84, with a 50-foot
right-of-way width, for a length of 0.03 mile.
Total Mileage - 0.03 mile.
13
ATTACHMENT 7
RESOLUTION
WHEREAS, Virginia Code § 15.2-1229, provides that the governing body of any
county may establish by resolution one or more petty cash funds not exceeding $5,000
each for the payment of claims arising from commitments made pursuant to law; and
WHEREAS, the Board of Supervisors adopted a Resolution on June 7, 2004
establishing petty cash funds; and
WHEREAS, the Board of Supervisors now desires to amend and reestablish
certain petty cash funds for the above stated purpose.
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of
Albemarle County, Virginia establishes the following petty cash funds:
Finance Department
Social Services
Police Department
Sheriff's Department
Fire and Rescue
Commonwealth's Attorney
Parks & Recreation
$ 3,350.00
200.00
1,800.00
100.00
150.00
300.00
100.00
Total
$ 6,000.00
****************
14
ATTACHMENT 8
RESOLUTION
WHEREAS, the County of Albemarle Personnel Policy Manual has been adopted by the
Board of Supervisors; and
WHEREAS, the Board finds that an amendment to Personnel Policy P-02 is necessary
to clarify the definitions of employee status;
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle
County, Virginia, hereby amends the following section of the County of Albemarle Personnel
Policy Manual:
By Amending:
Section P-02 Definition of Employee Status
Section P-02
DEFINITION OF EMPLOYEE STATUS
The Board will maintain standard definitions of employment and will classify employees
in accordance with these definitions. To aid in continuity and ease of reading, masculine
pronoun will be used throughout our policies to denote both male and female employees.
Procedure for Compliance - Definition of Employee Status
A. Classified Employees - A classified employee is defined as any County employee. All
County employees are employees at-will and may be dismissed from employment at any
time, for any reason, or for no reason. Regular full-time or part-time employees who have
completed all probationary periods, and are eligible to grieve, may grieve such actions
according to the grievance procedures set forth in Section P-03 of this Policy Manual.
B. Definitions of Employment
1. Regular - Employment in an approved budgeted full-time or part-time position that is
meant to be part of the regular County work force. The term "permanent" shall have the
same meaning as "regular" as these terms are used throughout this Policy Manual.
a. Full-Time: Employment in an established position scheduled for not less than 40
hours per normal workweek (Saturday at 12:01 a.m. to Friday at midnight)* and
52 weeks per fiscal year. Upon prior recommendation by Human Resources and
approval by the County Executive, some positions may work less than 40 hours
per workweek and still be designated "Full-Time."
b. Part-Time: Employment in an established position scheduled for less than 40
hours or other full-time schedule per subsection (a) above per normal workweek.
c. Probationary: The first six (6) months (12 months for certain positions) of
employment with the County are a probationary period. This time is used by both
the employee and the County to determine whether the position and the
employee are suited for each other. An employee's progress will be evaluated
15
throughout the probationary period, as required by Section P-23 of this Policy
Manual.
2. Salaried Board Members: Members of the Board of Supervisors and Planning
Commission are paid an annual salary as established by county ordinance and state
law.
3. Temporary: Employment that meets one or more of the following criteria:
a. Employment in a position established for a specific period of time.
b. Employment for the duration of a specific project or group of assignments.
c. Employment as a temporary in the absence of the incumbent in a position classified
as full-time or part-time, as defined in Section B.1 above. This shall not include
regular employees who are serving in another position on a temporary basis (see P-
60).
*NOTE: Schedules other than those noted may be established by Department Heads proYided
that the alternate schedules are in writing and provided to the employees and to the Department
of Human Resources.
C. Extent of Participation in and Eligibility for Benefits
1. Full-Time Regular: Eligible to participate in all benefit programs.
2. Part-Time Regular: Must be at least half-time (4.0 hours per day) to be eligible to
participate in prorated medical benefits, leave benefits, and applicable retirement and life
insurance programs. County employees hired prior to the implementation of this policy
(i.e. October, 1985) and who received benefits, will not lose such benefits.
3. Temporary: Ineligible to participate in benefits programs.
4. Salaried Board Member: Eligible to participate in all medical and dental insurance
programs.
In order for a new employee to be paid by the end of the month in which they are hired,
paperwork must be received in the Department of Human Resources by the 15th of the
month. If the 15th falls on a weekend, paperwork must be received the workday prior to the
15th.
New employees are eligible for medical/dental insurance coverage the first of the month
following the month in which they are hired. Employees are not required to pay the
employee premium for that month. Employees may elect for insurance coverage to begin
earlier, but not prior to the date of hire. In such cases, the employee will be responsible for
the full cost of the premium (Board and employee portions), prorated based on a 3D-day
month. Non-benefits-eligible employees who subsequently become eligible and employees
who previously declined coverage and subsequently elect coverage will be treated the same
as new employees regarding coverage start date and premium payments. Medical/dental
premiums are paid in advance of the month of coverage.
Except as provided under COBRA or other applicable law, medical/dental insurance
coverage may continue through the end of the month following the month of termination
16
provided all employee premiums are paid. Otherwise, coverage will cease at the end of the
month of termination.
Employees who are married to another County employee will be eligible for two Board
contributions toward medical/dental insurance. It is the responsibility of the employee to
notify the Department of Human Resources of this situation and, upon notification, the
change in contribution will be made with the next payroll. In no event will the County be
responsible for retroactive payments to employees who fail to provide this notification.
D. Continuous Service is defined as: Uninterrupted employment while a regular employee with
the County of Albemarle. Continuous service is broken by termination of or resignation from
employment, voluntary or involuntary.
E. Throughout the policies, the word "Day" shall be defined as: the number of hours an
employee is identified on the Employee Personnel System as working. It is not necessarily
the number of hours the employee actually works per day. It is calculated by taking the
number of hours the employee works per year, and dividing it by 260 (the number of days
per year in the system).
Full Time Classified (designated in subsection 2080 hrs/year a day = 8 hours
B(1 )(a) above) (or as designated
in subsection
B(1 )(a) above)
Police Patrol 2071 hrs/year a day = 8.1 hours
Fire & Rescue Day Personnel 2496 hrs/year a day = 9.6 hours
Fire & Rescue 24-hr Personnel 2912 hrs/year a day = 11.2 hours
Part Time Classified Prorated based Prorated
on hrs worked
Amended: August 7, 1996; June 2,2004, July 7,2004, July 6,2005
17
ATTACHMENT 9
RESOLUTION TO AUTHORIZE
VIRGINIA DEPARTMENT OF TRANSPORTATION
TO INSTALL CHILD AT PLAY SIGN ON
ALBERENE ROAD
WHEREAS, the residents of Alberene Road are concerned about traffic in their
neighborhood and the potential hazard it creates for the numerous children that live and play in
the area; and
WHEREAS, there are numerous children that live and play on Alberene Road and the
residents believe that a "Child at Play" sign would help alleviate some of the concerns.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of
Supervisors hereby supports the community's request for VDOT to install the necessary "Child
at Play" signs on Alberene Road (Route 719).
18
Duties/Function:
Length of Term:
Frequency/Meeting
Times
Membership:
Qualifications:
ATTACHMENT 10
NATURAL HERITAGE COMMITTEE
FACT SHEET
The Natural Heritage Committee is an advisory committee that maintains
the County's Biodiversity Assessment; advises the Board of Supervisors,
the Planning Commission, and County staff on applying biodiversity
information to land-use decision-making; and supports biodiversity
education in the County.
TASKS:
A. Input on and oversight of the maintenance, expansion,
updating, and evaluation of the ongoing Biodiversity
Assessment begun by the Biodiversity Work Group, and
development of a protocol for assessing changes in the
state of biodiversity (with reference to planning goals).
B. Assistance in staff development of an action plan that
specifies detailed steps for achieving protection of
biodiversity as outlined in the Comprehensive Plan.
C. Development of policy recommendations to the Board in
response to biodiversity issues and information gathered
from the Biodiversity Assessment. The Committee should
be consulted on programs, regulations, and
Comprehensive Plan changes that may affect biodiversity
protection.
D. Development of educational materials and programs on
biodiversity.
E. Provision of periodic reports to the Board of Supervisors
on the state of biodiversity in the County.
Initial appointments will include four four-year appointments, four
three-year appointments, and four two-year appointments.
Thereafter, appointments will be for four years.
Monthly
TBD
The Board of Supervisors shall appoint ten to twelve members.
Applicants need not be County residents. However, total
committee membership should consist of some County residents.
The Committee should include members with expertise or
background in one or more of the following fields, to support the
Committee's role as a technical advisory group:
natural history (including those with detailed
knowledge of local wildlife, plants, and other
resources);
terrestrial, aquatic, and landscape ecology;
biological conservation and conservation planning;
19
c appointment letter to:
population genetics;
forestry;
geology and soils;
geographic information systems for conservation;
science education (adult and youth);
agribusiness.
The group should also include local landowners and citizens with
interests in biodiversity conservation, farming and forestry, and
conservation-oriented rural and urban development. If possible,
these general citizen representatives should be residents of the
County.
Scott Clark, Community Development Department
NOTE: Each committee member to receive copy of adopted Rules of Procedure
20
ATTACHMENT 11
ORDINANCE NO. 05-10(1)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 10, OFFENSES--MISCELLANEOUS, OF
THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 10,
Offenses-Miscellaneous, of the Code of the County of Albemarle, Virginia, is hereby amended and
reordained as follows:
By Adding:
Sec. 10-123
Prohibited Activities on Public Roadways and Medians
CHAPTER 10. OFFENSES - MISCELLANEOUS
*****
Sec. 10-123 Prohibited Activities on Public Roadways and Medians
A. Definitions:
Roadway. As used in this section, the term "roadway" means that portion of a highway
improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder. A highway may
include two or more roadways if divided by a physical barrier or barriers or an unpaved area.
Center Median. As used in this section, the term "center median" means any area in the
middle of any roadway, designed to provide a barrier to keep traffic on one side of the road from going to
the other side of the road. A center median may be a raised concrete strip or a grass strip.
Selling, offering for sale, advertising, soliciting, distributing or distribute. As used in this
section, "selling, offering for sale, advertising, soliciting, distributing or distribute" means any such activity
which involves the delivery of any document, publication or other item or the intent to deliver any
document, publication or other item to any occupant of a motor vehicle located on a county roadway or
any such activity which involves the receipt of any money or any item or the intent to receive any money
or any item from the occupant of an automobile located on a county roadway, other than a motor vehicle
parked in a designated parking space.
B.
therein to:
It shall be unlawful for any person while standing on any public roadway or median
1. Distribute handbills, leaflets, bulletins, literature, advertisements or similar
material to the drivers of motor vehicles or passengers therein on any roadway or median within the
county.
2. Solicit contributions of any nature from the drivers of motor vehicles or
passengers therein on any roadway or median within the county.
3. Sell or attempt to sell merchandise to the drivers of motor vehicles or passengers
therein on any roadway or median within the county.
C. Any person, firm, organization, or corporation violating any provision of this section shall
be guilty of a traffic infraction, punishable as provided under state law. Each separate incident may be
considered a new violation.
State Law References: Authority to enact section, Code of Virginia, section 46.2-931.
21
ATTACHMENT 12
SP-2005-007. The Garden Barn (Sians #28&29). Request to allow farm sales in accord w/Sec
10.2.2(45) of the Zoning Ord which allows for farm sales. TM 21, P 5B1, contains 30.754 acs (of which 3
acs are included in this request). Znd RA. Loc at 5625 Spring Hill Rd (Rt 606), approx 1,500 feet W of its
intersect w/Seminole Trail (Rt 29). White Hall Dist.
1. The site shall be developed, and the farms sales use conducted, in general accord with the
preliminary schematic plan entitled "Garden Barn Application Plan SP-2005-7," prepared by
Gabriele Kleinmichel, and dated 3/29/05;
2. The applicant shall make the entrance improvements specified in a letter from VDOT Assistant
Resident Engineer, Charles C. Proctor, III, dated 3/24/05 (excluding the requirement for a site
plan showing the proposed improvements); and
3. Hours of operation each day shall be between 5:00 a.m. and 9:00 p.m.
SP-2005-009. Cedar Hill Mobile Home Park Re-approval of Special Use Permit to Expand
Existina Mobile Home Park (Sian #32). Request for re-approval of an expansion of an existing Mobile
Home Park from 77 lots to 109 lots (SP-03-06) in accord w/Sec 15.2.2.14 of the Zoning Ord which allows
for mobile home subdivisions. TM 32, P 221, contains 25.95 acs. 21.13 acs of the property are znd R-4 &
the remaining 4.82 acs are znd LI. Property also znd EC. Loc at 2073 Cypress Dr, approx one quarter
mile S of intersec of Rt 29 & N Park Rd. Rio Dist.
1. Pending the satisfaction of all conditions of approval for the special use permit and modifications
and waivers, a maximum of thirty-two (32) new mobile home lots shall be allowed in the mobile
home park. Those new lots shall be arranged generally in the areas and configuration shown on
the application plan, dated January 27,2003;
2. No mobile home units shall be relocated or installed, nor shall any new construction activity take
place in the expanded area as illustrated on the application plan dated January 27, 2003 until
after a site plan has been approved. No change in unit location shall occur on the existing or
expanded areas without a site plan approval;
3. A landscape plan shall be submitted for review with the required site plan; and
4. The stormwater and utility improvements illustrated on the application plan dated January 27,
2003 may be adjusted as approved by the agent on the final site plan if the agent determines the
adjustments to be more site sensitive, environmentally sensitive, visually sensitive, and less
obtrusive method to achieve the same results.
22
ATTACHMENT 13
ORDINANCE NO. 05-3(2)
AN ORDINANCE TO AMEND AND REORDAIN ARTICLE II, DISTRICTS OF STATEWIDE
SIGNIFICANCE, OF CHAPTER 3, AGRICULTURAL AND FORESTAL DISTRICTS, OF THE CODE OF
THE COUNTY OF ALBEMARLE, VIRGINIA.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Article II,
Districts of Statewide Significance, of Chapter 3, Agricultural and Forestal Districts, of the Code of the
County of Albemarle, Virginia, is hereby amended and reordained by amending Section 3-222,
Moorman's River Agricultural and Forestal District, as follows:
ARTICLE II. DISTRICTS OF STATEWIDE SIGNIFICANCE
DIVISION 2. DISTRICTS
Sec. 3-222 Moorman's River Agricultural and Forestal District.
The district known as the "Moorman's River Agricultural and Forestal District" consists of the
following described properties: Tax map 27, parcels 32, 34, 34A, 40, 40A, 40A1, 42, 42A; tax map 28,
parcels 2, 2A, 3, 4,5,6, 6A, 6B, 7, 7A, 7A1, 7B, 8,12, 12A, 12B, 13, 17A, 17C, 18, 23B, 23B1, 30, 30A,
30B 32B, 320, 34B, 35, 35B, 37, 37A, 37B, 37C, 38; tax map 29, parcels 2C, 4E, 8, 8B, 8E, 8E1, 8H, 8J,
8K,9, 10, 15C,40B,40C,40D,49C, 50, 54A,61,62,63, 63A,63D,67C,69D,69F, 70A, 70B, 70C, 70F,
70F1, 70G, 70H1, 70K, 70L, 70M, 71, 71A, 73B, 74A, 76, 78, 79C, 80, 84, 85; tax map 30, parcels 10,
10A, 12, 12C, 120, 17 A, 18E; tax map 41, parcels 8, 8B, 8C, 80, 9E, 15, 15A, 17C, 18, 41 C, 41 H, 44, 50,
67, 67B, 68, 70, 72, 72B, 72C, 720, 89; tax map 42, parcels 5, 6, 6B, 7, 8, 8A, 8C, 10, 10A, 100, 37F,
37J, 38, 40, 40C, 400, 4001, 40G, 40H2, 41, 42B, 43, 43A, 44; tax map 43, parcels 1,3, 3A, 3C, 3D, 4C,
40,5, 5A, 9,10, 16B2, 16B3, 18E4, 18G, 18J, 191, 19N, 19P, 20A, 20B, 20C, 21, 21A, 24, 25A, 25B, 30,
30A, 30B, 300, 30G, 30H, 30M, 30N, 32H, 33, 33E, 3401,41,42,43, 43A1, 44, 45, 45C, 450; tax map
44, parcels 1,2,24,26, 26A, 26C, 27B, 27C, 28, 29, 29A, 290, 30, 30A, 30B, 31, 31A, 31A1, 310, 31F,
31G; tax map 59, parcels 32, 32A, 34,35, 82A. This district, created on December 17,1986 for not more
than ten years and last reviewed on December 1, 2004, shall be next reviewed prior to December 1,
2014.
(4-14-93; 12-21-94; 4-12-95; 8-9-95; Code 1988, § 2.1-4(g); Ord. 98-A(1), 8-5-98; Ord. 99-3(4), 5-12-99;
Ord. 00-3(1), 4-19-00; Ord. 04-3(4),12-1-04; Ord. 04-3(2), 7-6-05)
23
Board of Supervisors of Albemarle County
Agenda Item ,:
Clerk's Initials:
RECEIVED AT BOS MEETING
Date:~k./
yI
'1'/
My name is Jamie Spence, I am with Church Hill Development and was a member of the
Affordable Housing Implementation Committee. I am here to speak briefly about some
housing issues.
I agree with the Committee conclusions that something should be tried to help make our
housing more affordable to different price ranges. I would like to caution on a few
points, which I would refer to as unintended consequences.
First, by mandating 15% of a project to be affordable it will force the prices on the other
85% to go up. This is what has happened in Montgomery County, which I have heard
referred to by staff and members of this board, as the poster child for the affordable
housing policy. What they have found is their middle income buyers are starting to be
priced out ofthe market. The median price for a townhouse is $414,000 and $303,000
for condos. Combine this affordable housing policy with a local government that uses
the subdivision approval process as a growth management tool, you then have these kind
of prices. Albemarle County seems to be heading down the same path. Whether
intentional, or not, county staff, planning commission, and this board are using the
process as a tool. The officials of Montgomery county have said that "they will have to
increase the housing supply to help cool the real estate market."
Secondly, I have seen many staff members and board members refer to the housing prices
in our area as being market driven and that we live in a great area. Ifwe are going to
allow the market to work then using a mandated policy for anything should be done with
great caution. Many in my industry who support affordable housing initiatives argue that
we do not have an affordable housing problem based on the $175,000 targeted sales
price. The examples they would use is that there is product available for purchase based
on the numbers of units that are being converted to condominiums. This is the market
working. The overbuilding of rentals dropped rents and owners see a greater value in
selling than renting. That is the market working on its own. Although this product is not
new it is available.
Thirdly, there was a great deal of discussion in our meetings about the need for
affordable rental units. Even using the affordable equation there will still be people at the
lower end that can not afford to buy. On a recent subdivision proposal the affordable
housing that was presented was rental. One planning commissioner was quoted as saying
the units were "certainly not going to be inexpensive." Just as with the for sale product
there is an equation in the policy for the rents to make sure they stay affordable. The
production of brand new affordable rental is just as important as the for sale.
Finally I want to comment on house prices in general. There is a lack of lot supply which
has never been seen. For those who think that our housing prices have reached a peak
they are sorely mistaken. It is very important for the members of this board who see our
housing prices as a top priority to understand that the supply of available building lots in
the growth area is crucial to controlling the market pricing. We do live in a great area,
,
.
,
but without a more than adequate lot supply our housing prices are moving into an area
that most people will never believe. It is important that projects in the growth areas, that
meet many principles of the Neighborhood model, are approved and put out to the
market. In a recent Forbes article Charlottesville was listed as one of the college towns
whose house prices are going to boom. This was based on the amount of people leaving
California and other places. It was saying that what costs $1 million dollars in Santa
Monica would cost $280,000 in Charlottesville. In my opinion, for what it is worth, until
we actually have a large supply of lots that are approved and developed, which could be
as long as five years from now, our housing prices will increase 75 to 100%. Just this
past week a house we sold in Crozet 5 years ago for $234,000 resold for $365,000. That
is 64%. If those numbers hold true in 5 years that same house will sell for $547,500.
Thank You
¡oIe,/
p,lh/J'" "J"- J /'
, ',' , ~ ~ , "~ 'v ~ < . ,
STUDY FINDING
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: The typical new Alachua County, Florida, household pays more than its actual share
! of infrastructure costs by $3,114, demonstrating how ill-conceived fees can undermine
: affordable housing.
I
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(2000) : percentage pOints.
_ __ _ _ _ _ _ _ _ n n n _ _ _ n _ _ _l_ n_ _ _ _ n _ _ _ _ _ _ _ _n _ _ _ _ _ u _ _ _ __ _ _ u_ __ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ nn _ _ _ _ _ _ n _ _ _ _ _ _ __ _ _ _ __ _ _ __ _ _ __ _ _ _ __ _ _ n _ n n _ _ _ _ _ _ n _ ____ _ __
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,
Mayer and : A metropolitan area with a 4.5-month delay in approval and two different types of
Somerville : growth control restrictions would experience 45% (estimated) less construction than a
(2000) : metropolitan area with a 1.5-month approval delay and no growth-management policy.
- -- - - - n - - - __ ___ - - - - - - - - t - - _n_ - - - - - __ - - - __ __ n_ __ n _ _ _ _ _ _ __ n n_ n n _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ _ _ n _ _ _ _ _ _ _ _ _ _ _ _n _ _ __ _ _ _ _ _ _ n n n_ _ _ _ _ _ _ _ n _ _ __ _ __
I
Phillips and :
Goodstein :
I
(2000) :
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¡ and ownership housing. Impacts on rental housing were particularly severe.
- n _ _ n _ _ _ n _ _ _ __ ____ _ _ _! _ _ _ _ _ n __ _ _ _ n _ _ _ _ _ _ _ _ _ _ ___ _ _ n _ _ _ __ _ _ _ _ _ _ _ n _ n _ _ n _ _ _ n _ _ _ u _ _ _ n _ _ _ _ _ _ u n n_ _ _ _ _ _ _ n _ _ n _ _ _ n _ _ _ n _ _ _ _ _ u_ _ _ _ n _ __
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Sundig and
Swoboda
(2004)
Ben-Joseph
(2003)
Glaeser and
Gyourko
(2002)
Dewey
(2001)
Baden and
Coursey
(2000)
Green and
Malpezzi
Luger and
Temkin
(2000)
Green
(1999)
Levine
(1999)
Salama,
Schill, and
Stark (1999)
National
Association
of Home
Builders
(1998)
4
Various forms of housing regulation decreased the total amount of housing built
and increased prices by as much as $40,000.
Regulatory system has gotten more complex over the last two decades and constitutes
the single greatest problem in getting housing built.
Government regulation is responsible for high housing costs where high costs
exist. Measures of zoning strictness are highly correlated with high prices.
In suburban Chicago, municipal fees increase new housing costs by 70% to 210% of the
actual fee imposed, which ranges from $2,224 to $8,942 for an average four-bedroom
home in the study.
Moving from a light regulatory environment to a heavy regulatory environment raises
rents by 17%, increases house values by 51 %, and lowers homeownership rates by 10
Excessive regulation can raise the final new home price by $40,000 to $80,000, or
approximately 35%. In New Jersey, this amount prices approximately 430,000 house-
holds out of the market.
Portland's Urban Growth Boundary law has increased median house prices in the
Portland metropolitan area.
In Waukesha County, Wisconsin, banning manufactured homes increased home prices
by 7.1 % to 8.5%. Increasing required minimum frontage by 10 feet drove up prices by
6.1% to 7.8%.
A study of 490 California cities and towns found that growth control measures that
remove land from development or require less intense development reduced rental
In New York City, the price of newly built homes could decline by 25% if the city
implemented a comprehensive barrier removal strategy.
In 42 metropolitan areas, eliminating unnecessary government regulations, fees,
and delays could reduce housing costs by 10%. Results varied significantly by area.
RECEiVED AT ~ ~S ~}E11NG
"""""",~. e.:;"..",. ." .",'".<- ,
Date: .¡/
,\genda Item .:-
Clerk's \1'I\'181!:.".f~
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Board of Supervisors
Recognition Ceremony
Date: July 6, 2005
Place: County Office Building, Rm. 241
Time: 0900, light breakfast social 0830
Responders:
Albemarle County Fire Rescue
Engine 111 A Shift:
i
,...captain David Puckett \
....FF/Medic John James
...)WIEMT Quen Marchant
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Charlottesville-Albemarle Rescue Squad
~hn Burruss, Paramedic, Duty Officer
"Carrie Weber, Paramedic
/Ashleigh Edwards, EMT/Shock Trauma Technician
/Lisa Jensen, EMT
ß{eve Hull, EMT
Emergency Communications Officers
/Celeste Smelser, EMT Cardiac Technician
-Debbie Wade
", -Lisa Fitzgerald
Albemarle County ,Police Department
.-øfficer Darrell Byers
.....Qfficer Michael Easton
UV A Nurses
"'Kara Conley, RN
..,...Kristi Mann, RN
Albemarle Schools:
-Ann Harris
'''"
ALBEMARLE COUNTY FAIR WEEK
WHEREAS, for the past 24 years, the Albemarle County Fair has entertained tens of thousands of guests during
its annual production; and
WHEREAS, the Albemarle County Fair is unique in many ways and was founded by a group of community
spirited people who wanted something special for their neighbors and friends to enjoy and enrich
their lives;
WHEREAS, the theme of the Fair has always emphasized the County's agricultural and forestal heritage; and
WHEREAS, the Albemarle County Fair is a non-profit corporation operated by dedicated volunteers, officers
and directors; and
WHEREAS, the Albemarle County Fair offers a friendly, safe atmosphere conducive to families and their
children, and it is unique in the state in that all food and drink is sold by local non-profit
organizations as an opportunity for them to rai.~e monies for their worthwhile programs; and
WHEREAS, the Albemarle County Fair supports agricultural and rural lifestyles, offers exhibits of home-art
skills, crops, large livestock, small livestock and poultry, holds competitions in livestock and
numerous other farm skills, and presents nightly entertainment for all to enjoy;
NOW, THEREFORE,
I, Dennis S. Rooker, Chairman, on behalf of the Albemarle Board of County
Supervisors, do hereby proclaim the week of
AUGUST 2, 2005 THROUGH AUGUST 7, 2005
as
ALBEMARLE COUNTY FAIR WEEK
and urge all citizens to actively participate in the scheduled activities and
programs sponsored and supported by the more than 250 regional volunteers,
public and area businesses.
CHAIRMAN
ALBEMARLE BOARD OF COUNTY SUPERVISORS
~-
Albemarle County Fair, Inc.
August 2-7, 2005
www.albemarlecountyfair.com
*****************************************************
June 18, 2005
Albemarle County Board of Supervisors
401 McIntire Road
Charlottesville, VA 22902
A TTN: Ms. Ella Carey, Clerk
Dear Friends:
On behalf of the Albemarle County Fair Board of Directors, we do hereby petition the Albemarle
County Board of Supervisors to issue a proclamation designating the week of Tuesday, August ~d
through Sunday, August 1h, 2005 as "Albemarle County Fair Week". Please note that this is a change of
dates from previous years.
This Proclamation would recognize the tireless efforts of over 250 regional volunteers and Fair
Directors and their committees in presenting this annual event. which brings a unique focus to the vibrant
and varied agricultural life in Albemarle County.
As you know, the Albemarle County Fair encourages participation by all citizens in its many events,
exhibitions and competitions in a family friendly environment. This year celebrates our 24th year of
operation. Your consideration of this petition is appreciated.
See you at the fair!
441Î. ß---,~
Barbara S. Lundgren
A CF Executive Director
cc: Carol Carder, President
Barbara S. Lundgren
ACF Executive Director
(434) 531-3247(FAIR)
fax 434-972-9562
Albemarle County Fair, Inc.
Post Office Box 121
North Garden, VA 22959
acfi ncorp@earthlink.net
To:
MEMORANDUM
February 2, 2005 -
Pages 1-20 (end Item #16) - Mr. Wyant
Pages 20 (beginning Item #16) - end - Mr. Bowerman
March 21A, 2005 -
Mr. Rooker
March 23A, 2005 -
Mr. Boyd
NOTE: PLEASE REMEMBER TO PULL YOUR MINUTES IF YOU HAVE NOT
READ THEM.
/ewc
D
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Advisory guidelines to VDoT for the review of
property owner initiated and funded improvements
to public roads.
AGENDA DATE:
July 6, 2005
ACTION:
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Review guidelines to be used to review requests by
property owners to pay for road improvements within
VDoT right of way and/or the property owner's land.
CONSENT AGENDA:
ACTION: X
INFORMATION:
ATTACHMENTS: No
STAFF CONTACnS):
Messrs: Tucker, Foley, Davis, Cilimberg, Benish,
Wade
REVIEWED BY:
~
I
LEGAL REVIEW: Yes
BACKGROUND:
The Board of Supervisors requested staff to develop guidelines that set out how the County would like VDoT to review road
improvements initiated and funded by a private property owner. Typically with this type of proposal, the property owner
works directly with VDoT to complete major improvements to roads such as road realignments/relocations and paving of
unpaved roads.
STRATEGIC PLAN:
3.1 Make the County a Safe and Healthy Community in which citizens feel secure to live, work and play.
DISCUSSION:
The Board of Supervisors requested that staff develop guidelines after a controversial paving project on Blenheim Road
(Route 795) in the Spring of 2004. This project prompted staff and the public to evaluate how this type of project is
processed by VDoT and the County's role in the process. The Board's concern with previous projects of this nature has
centered around the desire to ensure that there would be an opportunity for the public and the Board to comment on the
project and that the project is consistent with County policies.
VDoT does not have a written policy or guidelines at this time for reviewing property owner initiated projects. VDoT staff
has indicated that this type of project does not happen frequently. Its current process requires a property owner to submit
plans to work within VDoT's rights-of-way. VDoT will then issue a permit to complete the work. The work must be within the
property owner's right-of-way and/or VDoT's right-of-way. If the improvements are outside of these areas, the property
owner must get an agreement from the other property owners to consent to the project or the project must proceed through
the Six Year Secondary Road Plan process.
Staff suggests, along with VDoT's concurrence, the following guidelines be used by VDoT to process requests by property
owners for major improvements within VDoT rights of way, including the realignment/relocation of roads and the paving of
unpaved roads.
1. VDoT shall contact the Albemarle County Department of Community Development when a request for a major
road improvement (realignment/relocation and/or paving of an unpaved road) is received that would take place
completely within the VDoT right of way and/or the property owner's land.
2. The Resident Engineer will provide County staff basic information regarding the scope of the project. This
information will include, but not be limited to, the location (with terminus points), length, type of improvements, and
what additional properties are impacted. VDoT shall also provide its comments or concerns for the improvement.
AGENDA TITLE:
Advisory guidelines to VDOT for the review of property owner initiated and funded improvements to public roads.
June 8, 2005
Page 2
3. An evaluation by County staff of the scope of the project and its consistency with County policies and the
Comprehensive Plan will be provided to the Board of Supervisors. The Board will determine if area residents
should be informed/notified of the proposed improvement. The notification can be by letter to area property
owners, posting of signs along the subject road segment, and/or by a community meeting. The impacted area will
be defined on a case by case basis.
4. Staff will compile and assess comments received from any public comment/input process and provide them to the
Board of Supervisors. The Board will provide its recommendation on the proposed project to the VDoT resident
engineer. If the Board of Supervisors supports the proposal, a resolution of support will be adopted by the Board
and forwarded to VDoT.
Staff believes that the proposed guidelines establish a reasonable review process that will allow the County and the public
an opportunity to review and comment on these types of improvement projects. VDoT has reviewed and supports the
proposed guidelines.
RECOMMENDATIONS:
If these guidelines are supported by the Board of Supervisors, staff will forward them to VDoT Residency and request that
these guidelines be used for similar improvement projects in the future.
05.067
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Natural Heritage Data License
AGENDA DATE:
July 6, 2005
ACTION:
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Authorize the County Executive to sign the natural
heritage data license on behalf of the County
CONSENT AGENDA:
ACTION: X
INFORMATION:
STAFF CONTACT(S):
Messrs. Tucker, Foley, Davis, Kamptner, Cilimberg,
Clark
ATTACHMENTS: Yes
LEGAL REVIEW: Yes
REVIEWED BY:
BACKGROUND:
The Division of Natural Heritage of the Virginia Department of Conservation and Recreation (the "OCR") is responsible for
the identification, protection and stewardship of Virginia's natural heritage resources. Natural heritage resources are defined
as the habitat of rare, threatened or endangered plant and animal species, rare or state significant natural communities or
geologic sites, and similar features of scientific interest. The OCR maintains a comprehensive data system of natural
heritage resource information, and it is committed to making this data available to localities and private parties.
STRATEGIC PLAN:
Goal 2.2: Protect and/or preserve the County's natural resources.
DISCUSSION:
Conservation data in a digital format will be useful when it is incorporated into a geographic information system with other
spatial information for display and analysis. Having data pertaining to the locations of natural heritage resource
conservation sites and associated species in a digital format will be useful for comprehensive planning, assist with planning
for specific projects, and be valuable as a general screening tool for identifying potential issues for individual projects. The
OCR provides this digital data by subscription only, and requires that the use of the data be governed by the attached
license. The license identifies the data to be used and delineates the conditions for use, requires that the County incorporate
periodic updates, and proscribes the distribution of the data to third parties. The OCR does not charge the County for the
use of its digital data.
BUDGET IMPACT:
Because the OCR does not charge the County for the use of its digital data, this license does not have any budget impacts.
RECOMMENDATIONS:
Staff recommends that the Board authorize the County Executive to sign the Department of Conservation and Recreation
Natural Heritage Program License on behalf of the County after it is modified to meet all legal requirements deemed
necessary by the County Attorney.
ATTACHMENTS:
A - Department of Conservation and Recreation Natural Heritage Program License
05.066
Attachment A
Department of Conservation and Recreation
Natural Heritage Program
License for Use of Digital Natural Heritage Resources Information
The Virginia Department of Conservation and Recreation's Natural Heritage Program (DCR) hereby grants a
revocable license to
(Licensee) to use the following data (include data category and geographic extent):
Use of these data is subject to the following conditions:
1. The license is nonexclusive and revocable. reasonable precautions to ensure the security of species
2. The license is nontransferable, and any attempted locations.
transfer is void. 9. If there are subscription service charges, or any
3. The license conveys no rights for Licensee to other agreements between DCR and Licensee for
release or distribute these data, or derivative works sharing costs incurred by DCR in making the data
containing these data, in any electronic/magnetic or available, Licensee shall pay agreed charges within 30
machine-readable form. days of being billed by DCR.
4. Licensee will identify "Virginia Department of 10. Licensee understands and acknowledges that the
Conservation and Recreation, Natural Heritage accuracy of these data is time-limited. Licensee agrees
Program" as data source on any map or publication to use DCR-provided data only for the term specified
using DCR data. If format permits, Licensee will by DCR, and to incorporate all updates provided by
also include the date provided. DCR. By the following date:
5. Licensee will provide DCR with a list of any (which shall be no later than one year
following the issuance of this license), the licensee will
reports or printed materials prepared using Natural
either
Heritage Program data, and will provide a sample
copy of such material if requested by DCR.
6. Although DCR maintains high standards of data
quality control, DCR makes no warranty as to the
fitness of the data for any purpose, nor that the data
are necessarily accurate or complete.
7. Licensee understands and acknowledges that
these data are provided for planning and assessment
purposes only. Specific projects or activities should
be reviewed for potential environmental impacts with
appropriate regulatory agencies. If
ground-disturbing activities are proposed in the
vicinity of indicated natural heritage resources, DCR
will be contacted for a site-specific review of the
project area.
8. Licensee understands and acknowledges that
release of precise species locations may threaten
natural heritage resources. Licensee shall take
a. certify that all copies of these data have been
destroyed or returned to DCR - NH; or
b. complete arrangements with DCR to renew the
subscription. These arrangements will include an
updated license.
Under no circumstances shall Licensee continue using
DCR -provided natural heritage resource data for more
than six months without an update.
11. Licensee will indemnify and hold DCR and its
officers and employees harmless against any claims by
third parties arising out of the use by Licensee of the
data provided hereunder.
12. This License is the entire agreement between the
parties with respect to the subject matter hereof. It
shall be construed in accordance with the law of the
Commonwealth of Virginia and may be amended
only in writing signed by both parties.
1
Attachment A
By accepting the DCR data, Licensee agrees to abide by all of the above conditions. Licensee shall sign this
license and return it to DCR to indicate receipt and acknowledgment of the terms of this license.
Licensee signature
date
Licensee title
Licensee agency/company
Approved:
Thomas L. Smith, Director,
DCR Natural Heritage Program
date
2
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
SUBJECT/PROPOSAL/REQUEST:
Request to authorize the County Executive to sign a
project agreement for the Crozet Streetscape
project.
AGENDA DATE:
July 6, 2005
ACTION:
INFORMATION:
AGENDA TITLE:
Historic Crozet Streetscape Enhancement Project
CONSENT AGENDA:
ACTION: X
INFORMATION:
STAFF CONTACT(S):
Messrs. Tucker, Foley, Davis, Kamptner, Graham,
Cilimberg, Benish, Wade
ATTACHMENTS: Yes
LEGAL REVIEW: Yes
REVIEWED BY:
~
BACKGROUND:
The County submitted a VDoT Transportation Enhancement Program application for the Crozet streetscape in March
2004. In June, 2004 VDoT approved a grant award of $150,000 for Phase I of a three (3) phase improvement project.
Phase I incorporates sidewalk and landscaping improvements generally from the Mountainside Senior Living on Crozet
Avenue to the car wash on Three Notched Road. Improvements include installation of curb and gutter, sidewalks,
protective railings, and lighting under the railroad bridge. The remaining phases of the project include improvements along
Crozet Avenue from Tabor Street to the end of Phase I project.
The Board originally approved a resolution supporting this grant request in 2002. A request by the County for grant funding
in 2002, and a subsequent request in 2003, was not funded.
STRATEGIC PLAN:
3.1 Make the County a Safe and Healthy Community in which citizens feel secure to live, work and play.
DISCUSSION:
VDoT forwarded to the County a draft project agreement between the County and VDoT in March, 2005. The agreement is
a standard form contract from VDoT for this type of grant. The agreement requires a minimum 20% ($30,000) match for
the $150,000 grant from the County which has been provided for in the County's CIP. The agreement has been reviewed
by the County Attorney's Office and Community Development staff for content, substance, and consistency with the grant
application. Additional, non-substantive, form revisions may be necessary. This agreement must be signed in order for the
project to commence. The next step in project implementation will be to contract for consultant services to develop
construction plans (to be approved by the County and VDoT) for project bidding and construction.
BUDGET IMPACT:
The County is required to provide a 20% match for the $150,000 grant. The County has allocated approximately $130,000
in its Capital Improvements Program -Neighborhood Plan Implementation Project to fund the Phase I improvements and
satisfy the match requirement. The estimated cost for Phase I improvements is $276,275.
RECOMMENDATIONS:
Staff recommends that the Board of Supervisors approve the proposed agreement for the Historic Crozet Streetscape
project, and authorize the County Executive to sign the agreement on behalf of the County after it has been approved as to
form by the County Attorney with any necessary revisions.
ATTACHMENTS:
Transportation Enhancement Program Agreement (draft)
05.072
TRANSPORT A TJON ENHANCEMENT PROGRAM
AGREEMENT FOR PROJECT DEVELOPMENT AND ADMJNJSTRA TJON
BY: ALBEMARLE COUNTY
HJSTORJC CROZET STREETS CAPE
PROJECT: EN04-002-126 (UPC 75271)
THIS AGREEMENT, made and executed in triplicate as of this day of
, between the COMMONWEALTH OF VIRGINIA
DEPARTMENT OF TRANSPORTATION, hereinafter caJled the "DEPARTMENT" or
"VDOT" and ALBEMARlE COUNTY, hereinafter ca]]ed the "SPONSOR" or "LOCALITY".
WIIN~~~~IH:
WHEREAS, the Commonwealth Transportation Board annua]]y aJlocates Enhancement
funds; and
WHEREAS, the Historic Crozet Streetscape Enhancement is designated as Project EN04-
002-]26, PE]O], RW20], C50] (upC 7527]) referred to hereinafter as the "Project" and whose
description is set out in Appendix C; and
WHEREAS, the Commonwealth Transportation Board has a]]ocated $ ] 50,000 in Federa]
Surface Transportation Program Transportation Enhancement funds for the Project, which are
identified as a part of 20.205, Highway P]anning and Construction, in the Catalog of Federal
Domestic Assistance, and said funds require a minimum 20% ]oca] match and any expenditures
above the combined Federall]oca] funds must be 100% ]ocal; and
WHEREAS, the estimated cost is $ ] 32,305 for preJiminary engineering, $ ] ,662,] 75 for
right-of-way/property acquisition and utility relocation, and $ ] ,323,052 for construction; for a
total of$ 3,]] 7,532; and
08 October 2004 Standard
Project EN04-002-) 26
UPC 7527]
WHEREAS, the SPONSOR's share of the project costs may be provided in the fonn of
cash, land donation, or in-kind services, as identified in Appendix C: and
WHEREAS, the DEPARTMENT and the SPONSOR desire to construct the Project as
expeditiously as possible and the SPONSOR agrees to have the Project completed and the
Federal aJ]ocation expended within 48 months from the date of the availability of the Federal
allocation, as determined by the DEP AR TM EN T.
NOW, THEREFORE, for and in consideration of the premises and mutual covenants and
agreements contained herein, the parties hereto agree as follows:
1. In consuJtation with and approval by the DEPARTMENT, the SPONSOR shaJ]
undertake the preliminary engineering, right-of-way/property acquisition and
utility relocation, and construction phases of the Project, as applicable,
specifically in accordance with the following:
a. Secure written DEP AR TMENT approval to commencing the preliminary
engineering phase of the Project.
b. Perform or, in accordance with the prOV1SlOns of the Virginia Public
Procurement Act and Federal regulations and laws. contract with a
consuJtant to perform the preliminary engineering necessary to award a
contract for construction; and, administer, supervise, and inspect the
construction of the Project through final acceptance by the
DEPARTMENT, in accordance with DEPARTMENT and Federal
Highway Administration, hereinafter caJ]ed the "FHW A", procedures and
2
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poJicies, incJuding settlement of any cJaims and disputes arising from the
Project.
c. Submit each phase of the work to the DEPARTMENT for review and
approvaJ as the Project deveJops and al10w DEPARTMENT personneJ to
inspect a]] phases of the Project at aJ] times.
d. Prepare pJans for the Project, incJuding, but not Jimited to, such items as
generaJ notes, references to specifications and standards, typicaJ sections,
drainage pJans, stormwater management, erosion and sediment controJ
methods, profiJes, cross sections, summaries, and the like, as appJicable.
PJans may be prepared in accordance with the SPONSOR's standards and
format, provided the standards meet or exceed DEPARTMENT standards
or are approved by the DEP AR TMENT.
e. Prepare the appropriate environmentaJ document as dictated by the
National EnvironmentaJ PoJicy Act and FHW A poJicy and procedures, and
carry out a]] functions necessary to cJear the Project environmentaJJy as
required in Appendix A.
f. Obtain a]] necessary permits for the Project.
g. Locate potentiaJ contaminated and/or hazardous waste sites during the
survey or earJy pJan deveJopment stage of the preJiminary engineering
phase and discuss the presence of these sites and design aJternatives with
the DEPARTMENT. If contamination is determined to exist, whether
obvious or established through testing, the SPONSOR sha]] notify the
3
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appropriate regulatory agency. Conduct detailed studies such as site
characterization to determine the length of time required for clean-up and
potential financial liabiJity for the SPONSOR and the DEPARTMENT. If
the purchase of property is anticipated, the first option is to pursue
remediation by the property owner(s) through the appropriate agencies.
Should contaminated and/or hazardous waste sites be identified, either the
DEPARTMENT or the SPONSOR may withdraw from participation in the
Project and this agreem~nt will terminate in accordance with Paragraph 13.
h. If required, post a "notice of willingness to hold a public hearing" on the
Project and conduct such a hearing, if necessary, in accordance with
DEPARTMENT and FHWA requirements and coordinate the Project with
property owners in the Project area.
1. Secure written DEPARTMENT approval to advance to the right-of-
'\lay/property acquisition and utiJity relocation phase. Prerequisites
include completion and approval of an environmenta] document and
satisfaction of the public participation requirements. The SPONSOR will
prepare right-of-way/property acquisition plans for the Project and acquire
title to a]] property needed for the Project in the name of the SPONSOR by
purchase or by eminent domain, if necessary.
J. A bide by Title 25.1 of the Code of Virginia, as amended, in the acquisition
of rights-of-way/property for this Project and fo]]ow the policy and
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Project EN04-002-126
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procedures outlined in Section 702.02 of the DEPARTMENT's Right of
Way ManuaL which are incorporated by reference.
k. Provide relocation assistance to those whose property is acquired for the
Project in conformance with Title 25.1 of the Code of Virginia, as
amended.
J. Maintain all appraisals, negotiation reports, relocation assistance files,
closing statements, eminent domain records and the like for a period of no
less than three (3) years fol1owing approval by the FHW A of the final
voucher on this federal al1ocation.
m. Coordinate and authorize utility relocations.
n. Secure \\-'Tinen DEPARTMENT approval to advance to the construction
phase. Prerequisites include certification that the right-of-way and
easements have been acquired in accordance \\lith current FHW A
directives; arrangements have been made for the relocation of utilities;
railroad agreements have been executed; and, environmental permits have
been issued.
o. Procure a contractor to construct the Project in conformance with
applicable provisions of the Virginia Public Procurement Act and Federal
regulations and laws. The SPONSOR agrees not to award a construction
contract to any bidder unless its bid is within seven percent (7%) of the
SPONSOR's cost estimate or is approved by the DEPARTMENT. The
SPONSOR agrees not to award such contract until it has been approved by
5
Project EN04-002-) 26
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the DEPARTMENT or the Commonwealth Transportation Board, as
applicable.
p. Submit any change orders to the construction contract to the
DEPARTMENT's designated representative for approval.
q. Receive written DEPARTMENT approval of any claims pnor to
settlement.
r. Maintain accurate records of the Project and documentation of all
expenditures, identifying Federally participating, Federally non-
participating, and in-kind contributions on which reimbursement wi11 be
based, for a period of no less than three (3) years fo11owing approval by the
FHW A of the final voucher and make project records and documentation
availab]e for inspection and/or audit by the DEPARTMENT or the Federal
government at any time. ]n the event the SPONSOR expends more than
$500,000 in Federa] funds in a fiscal year. it sha11 submit to the
DEPARTMENT an audit prepared in accordance with Office of
Management and Budget Circu]ar A-]33.
s. Submit to the DEPARTMENT's designated representative no more
frequently than monthly a statement requesting reimbursement for the
Federal share of the Project's costs. The statement must identify and
document federa11y participating and non-participating project
expenditures to date. Department policy wi11 govern the rate of
participation for utility relocations and storm sewers. The fina] statement
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shall be made on the basis of final actual costs, reconciling any difference
with previously submitted amounts. AJJ statements shall be submitted in a
format acceptable to the DEPARTMENT.
t. Furnish the DEPARTMENT a schedule of progress, which is proposed to
be follov.ied throughout the term of this Agreement. The schedule shall
indicate starting and completion times of each significant task for each
major phase of this Agreement, and shall have the capability of indicating
the proposed percentage of completion at any point for each phase, if so
required by the DEPARTMENT.
u. Submit a Project status report m a format acceptable to the
DEPARTMENT.
v. Agree to reimburse the DEPARTMENT 100% of all costs incurred by the
DEP ARTMENT in the event that:
1. The Project is canceled by the SPONSOR during any phase of the work;
or,
11. Expenditures incurred are not reimbursed by the FHW A due to the
SPONSOR's failure to follow proper Federal guidelines and/or the
expenditures are found to be FederaJJy non-participating items.
2. The SPONSOR shall not apply for reimbursement in excess of the amount set out
in this Agreement. In the event that the DEPARTMENT inadvertently reim burses
the SPONSOR an amount in excess of this Agreement, such amount shall be
repaid to the DEPARTMENT.
7
Project EN04-002- 126
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3. The SPONSOR shall maintain the Project or have it maintained, in a manner
satisfactory to the DEP AR TMENT or it's authorized representatives and make
amp]e provision each year for such maintenance.
4. The SPONSOR agrees to have the Project completed and the Federa] funds
expended \vithin 48 months from the date of availability of the Federa] allocation,
as determined by the DEPARTMENT.
5. The DEPARTMENT \vill coordinate \vith, cooperate \vith, and assist the
SPONSOR in imp]ementing the Project, and specifically agrees to:
a. Review each phase of the Project and respond in an expeditious manner to
requests from the SPONSOR.
b. Provide the necessary coordination with the FHW A and other appropriate
Federa] and State agencies and provide assistance and guidance to the
SPONSOR relative to environmental documentation and coordination as is
appropri ate.
c. Subject to appropriation and allocation, provide reimbursement for eligible
Project expenditures for the previous month or for the fina] bi]]ing, within
thirty (30) days of receiving an acceptable statement, as determined by the
DEPARTMENT, from the SPONSOR.
d. Audit all Project costs and records as required by the FHW A.
e. To the extent that Federa] funds are apportioned, provide funding for the
Project pursuant to appropriation by the Genera] Assemb]y and allocations
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by the Commonwealth Transportation Board. The maximum amount of
Federal funds available for this project is $150,000.
6. At its option, the DEPARTMENT may elect to provide construction inspection
for projects located within the DEPARTMENT's right-of-way and/or for projects
that will be maintained by the DEPARTMENT. The DEPARTMENT's cost in
providing this inspection shal1 be an eligible Project expense.
7. The SPONSOR agrees to comply with the provisions of Appendix B.
8. The SPONSOR agrees to comply with al1 applicable Federal, state, and local laws,
ordinances, and regulations when work is performed on the Project at Project
expense by its employees, agents, or contractors.
9. The SPONSOR agrees that prison labor will not be used for any purpose
whatsoever on the Project.
10. The SPONSOR agrees to participate In the actual cost of the Project and
understands that the percentage of the actual costs incurred in the preliminary
engineering, right-of-way/property acquisition and utility relocation. and
construction phases wil1 be a maximum of 80% Federal and a minimum of 20%
SPONSOR.
]]. The SPONSOR acknowledges that DEPARTMENT staff may charge to the
Project for expenditures re]ative to administration of the Agreement, preliminary
engineering reviews and consultation, right-of-\vay and utility reviews, project
inspection, and other construction engineering activities related to the Project, and
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Project EN04-002-126
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that such expenditures shall be deducted from the allocation of Enhancement
funds for this Project.
] 2. The SPONSOR agrees to reimburse the DEPARTMENT for expenditures
incurred by the DEPARTMENT on the SPONSOR's behalf, which are not
reimbursed by the FHW A.)
13. The obligations of the SPONSOR contained herein are subject to the lav,ful
appropriation of funds, and the SPONSOR understands and agrees that the
Enhancement funds allocated ,to this Project shall only be made available for
reimbursement of Project expenses if the SPONSOR lawfully appropriates its
share of the costs as set forth herein.
]4. This Agreement may be terminated as follows:
a. By mutual agreement of the parties, in ,,,,riting and signed by the parties.
b. By the DEPARTMENT without cause, in whole or in part, at any time,
with fifteen (15) days advance notice in writing, by the end of which
period the SPONSOR shall have discontinued all work on the Project and
shall have delivered to the DEPARTMENT all reports, records, drawings,
field notes, plans and other data completed or partially completed. which
shall become and remain the sole property of the DEPARTMENT.
c. By the DEPARTMENT without advance ,,,,ritten notice, due to the faiJure
of the SPONSOR to perform the work on the Project or fulfill its
obligation(s) under this Agreement, in Vv'hich case the DEPARTMENT
may take over the work and prosecute the same to compJetion by further
10
Project EN04-002-126
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agreement or otherwise, and the SPONSOR shall be liable to the
DEPARTMENT for any excess cost occasioned to the DEPARTMENT
thereby.
d. By failure of the General Assembly to appropriate, or the Commonwealth
Transportation Board to allocate, sufficient funds to continue this
Agreement, in which event the Agreement ""ill terminate upon depletion
of the then currently appropriated or allocated funds.
e. By the SPONSOR, with fifteen (15) days advance notice in writing, in
which event the SPONSOR shall reimburse the DEPARTMENT all
Federal funds which have been expended to date of termination, provided
such reimbursement is required by the FHW A.
15. This agreement may be modified with the mutual consent of the DEPARTMENT
and the SPONSOR.
] 6. Nothing herein shall be construed as creating any personalliability on the part of
any officer, employee, or agent of the parties, nor shall it be construed as giving
any rights or benefits to anyone other than the parties hereto.
17. This Agreement shall be binding upon the parties hereto, and their respective
successors and assigns.
1 1
Project EN04-002-] 26
UPC 7527]
IN \VITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their duly authorized officers.
ATTEST:
Signature of Witness
[Title]
[Sponsor Name]
NOTE: The official signing for the SPONSOR must anach a certified copy of the authority under which this Agreement
is executed.
Signature of Witness
Commomvealth Transportation Commissioner
Commonwealth of Virginia
Department of Transportation
Enclosures:
Appendix A
Appendix B
Appendix C
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Appendix A
ENVIRONMENTAL REQUIREMENTS
1. Administrative Conditions
A. LOCALITY Shall:
J. Meet with VOOT prior to selection of a consultant or the commitment of any
resources to scope the Project, discuss the environmental clearances necessary and the
procedure for submitting these environmental clearances to VOOT in order to allow
the Project to proceed to construction.
Î Use qualified staff or consultant services to manage the environmental process.
3. Provide VOOT an opportunity to review and comment on qualifications of consultants
to perform the environmental studies before a contract is executed, except as
otherwise provided herein.
4. Provide VOOT an opportunity to review and comment on the environmental scope of
work for the study before a contract is executed, except as otherwise provided herein.
5. Schedule meetings with VOOT at appropriate milestones in the study as identified
during scoping to review study progress and adequacy, except as otherwise provided
herein.
6. Provide all requests to VOOT for technical and coordination assistance from
LOCALITY and not from the LOCAUTY's consultant,
7. Refer to VOOT's website at \\'ww.vin!iniadot.on! for environmental requirements
for ]ocally administered projects.
B. VDOT Shall:
] . Identif)' a VOOT representative for environmental decisions.
Î Review and comment to LOCAUTY on the suitability of consultants responsible for
conducting environmental work, except as otherwise provided herein.
3. Review and comment to LOCAUTY 011 the environmental scope of work for the
study, including the general level of effort allotted for the study if consultant services
are used, except as otherwise provided herein.
4. Maintain a website at www.vindniadot.or~ containing environmental requirements
for ]ocally administered projects.
Environmental Requirements for PRELIMJNARY ENGJNEERrnG and CONSTRUCTJON
n. Preliminan En~ineerin~ Performed bv Local Govemment
A. LOCALITY Shall:
] . Be responsible for including the Project in the Long Range Plan and Transportation
Improvement Program, as appropriate.
2. Submit to VOOT necessary information regarding the Project scope to begin the State
Environmenta] Review Process (SERP).
3. Implement all environmental commitments identified in the SERP Preliminary
Environmental Inventory (PEl) pertaining to the development of the project.
4. Submit to VOOT an electronic copy of the Nationa] Environmental Policy Act
(NEPA) concurrence form.
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Project EN04-002-126
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5. Prepare and submit to VDOT the NEPA document. following Federal Highway
Administration (FHW A) direction and guidance:
a) Submit to VDOT an electronic preliminary review draft of the NEPA
document.
b) Submit to VDOT copies of all technical study documents that support the
NEP A document. Submit copies of all project-related correspondence,
except as otherwise provided herein.
c) Submit to VDOT a proposed Project-specific public involvement plan
prior to public involvement activities. This plan shall demonstrate
compliance with all items idcntified in The VDOT Location and Design
Public ]nvolvement Policy and Procedures Manual as required by
environmental regulation. The public hearing notice shall include all
appropriate references to environmental notifications such as NEP A
document availability, compliance with the National Historic Preservation
Act, and compliance with the Agricultural and Forestal District Act.
d) Submit to VDOT a copy of the public hearing transcript and responses to
environmental comments with the review copy of the NEP A document.
e) Submit to VDOT the appropriate number of copies of the approved
NEP A document as identified during Project scoping.
6. Obtain an Antiquities Act permit from the Virginia Department of Historic Resources
prior to conducting any archaeological investigations on State-controlled R/W.
7. ] mplement all NEP A commitments identified in the environmental document
pertaining to the development of the Project (as well as environmental commitments
made related to any other la\\', regulation, or Executive Order).
8. Provide VDOT an opportunity to participate as a consulting party in any
Memorandum of Agreement developed and executed in compliance with the National
Historic Preservation Act.
9. Prepare any post-NEPA documentation required by scope changes that occur during
the development of the Project.
] O. Design the Project in accordance with Virginia Erosion and Sediment Control law and
regulations, Virginia Stormwater Management law and regulations, Virginia Pollutant
Discharge Elimination System permits and Chesapeake Bay Preservation Act.
] ]. Secure all necessary water quality permits in the LOCALJTY's name and implement
permit conditions, including but not limited to compensatory mitigation, project water
quality monitoring, time of year restrictions, wildlife crossings, etc.
] 2. Complete Water Quality Permits and Natural Resource Due Diligence Certification
form (EQ-555) and submit to VDOT.
] 3. Perform Due Diligence assessment, to constitute the standard of All Appropriate
]nquiry (Comprehensive Environmental Response Compensation and Liability Act
CERCLA Section] 0] (35), as amended), to determine the actual/potential presence of
hazardous materials/wastes/substances for all properties to be acquired and/or used as
right-of-way prior to the initiation of property acquisition.
] 4. Perform Due Diligence and Due Care activities identified in Due Diligence
Certification form (EQ-] 2]) and submit to VDOT: the LOCALJTY shall not submit
any scopes of work, reports or other documents related to Due Diligence or Due Care
activities for VDOT review.
] 5. Not fail to perform Due Diligence and exert Due Care. Failure will result in the
municipality assuming financial responsibility for any and all claims, demands,
damages, losses, judgments, penalties, obligations, and liabi]ities (including without
14
Project EN04-002-126
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limitation, related reasonable legal and consulting fees and expenses) arising out of. or
relating to, any pre-existing contamination to properties that constitute right-of-way
for the Project; and release the Commonwealth from and against any and all claims for
contribution under CERCLA, and/or any other environmental law or regulation.
16. Present noise findings to VDOT Noise Abatement Comminee as appropriate.
B. VDOT shall:
I. Perform the administrative portion of the SERP and provide the SERP results to the
Locality.
2. Receive NEP A Concurrence form from LOCALITY and coordinate with the FHW A
for approval of environmental document type.
3. Review and comment to LOCALITY on the NEPA document prepared.
4. ]ndicate state acceptance of the NEPA document by adopting the document as a
VDOT product and recommend FHW A approval of the environmental document.
5. Verify the Project's compliance with the Department's public involvement procedures
as outlined in The VDOT Location and Design Public involvement Policy and
Procedures Manual as it relates to the environmental process.
6. Receive copy of signed Water Quality Permits and Natural Resource Due Diligence
Certification form (EQ-555) from LOCALITY.
7. Receive copy of signed Hazardous Materials Due Diligence Cel1ification form (EQ-
12] ) from LOCALITY.
8. Review LOCALITY's noise findings through Noise Abatement Comminee as
appropriate.
9. Conduct a Right-of-Way re-evaluation (EQ-20]) after design approval and prior to
Right-of-Way purchase authorization from FHW A (only applies to projects utilizing
federal-aid funds for Right-of-Way acquisition).
lit Construction Administered by Local Government
A. LOCALITY Shall:
I. Implement all SERP and NEPA commitments pertaining to the construction of the
project.
2. Implement all water quality permit conditions.
3. ]mplement construction in accordance with approved Erosion and Sediment Control
and storm water management plan.
4. Have on-site construction inspector with Virginia Department of Conservation and
Recreation Erosion and Sediment Control inspector certification. Perform an Erosion
and Sediment Control inspection every two weeks (minimum).
5. Make the necessary notifications to the Environmental Protection Agency (EP A) for
any "improvements" made to sinkholes to facilitate storm \vater drainage.
6. ]nclude in the contract documents and enforce all special provisions and specifications
related to the environment.
B. VDOT Shall:
] . Complete the Environmental Certification Checklist (EQ-] 03) and the Plans,
Specifications, & Estimates (PS&E) re-evaluation form (EQ-200) prior to approval for
advertisement and construction. This must be complete before FHW A will authorize
the plans, specifications, and estimates for construction.
15
Project EN04-002-] 26
UPC 7527]
")
Monitor the project in accordance with the DEPARTMENT's Environmental
Monitoring Standard Operating Procedures to ensure environmental commitments
identified as a result ofSERP and NEPA are implemented.
16
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Appendix B
CIVIL RIGHTS DIVISION REQUIREMENTS FOR
LOCALLY ADMINISTERED PROJECTS
(FEDER.\LLY FUNDED)
The LOCALlTY, its agents, employees, assigns or successors, and any person. firm, or agency of whatever
nature with whom it may contract or make an agreement shaJl comply with the provisions of the Virginia
Fair Employment Contracting Act, Sections 2.1-374 through 2.1-376.1 of the Code of Virginia, as
amended. During the performance of this Agreement the LOCALlTY agrees as foJlows:
a. The LOCALlTY wiJl not discriminate against any employee or applicant for employment because
of race, religion, color, sex, or national origin, except \vhere religion, sex, or national origin is a
bona fide occupational qualification reasonably necessary to the normal operation of the
LOCALlTY. The LOCALlTY agrees to post in conspicuous places, avai]able to employees and
applicants for emp]0~111ent notices setting forth the provisions of this nondiscrimination clause,
including the names of all contracting agencies with which the LOCALlTY has agreements of
over ten thousand doJlars.
b. The LOCAUTY wilJ, in alJ solicitations or advertisements for employees placed by or on behalf
of the LOCALlTY, state that the LOCALlTY is an equal opportunity employer; provided,
however, that notices, advertisements and solicitations placed in accordance with federal law, rule
or regulation shalJ be deemed sufficient for the purpose of meeting the requirements of this
section.
The LOCALlTY wiJl include the provisions of the foregoing paragraphs "a" and "b" in every subcontract
or purchase order of over ten thousand dollars, so that such provisions wilJ be binding upon each
subcontractor or vendor. Nothing contained in this section shall be deemed to empower any agency to
require any LOCAUTY to grant preferential treatment to, or discriminate against, any individual or any
group because of race, color, religion, sex or national origin on account of an imbalance which may exist
with respect to the total number or percentage of persons of any race, color, religion, sex or national origin
employed by such LOCALlTY in comparison with the total number or percentage of persons of such race,
color, religion, sex or national origin in any community or in the Commonwealth.
NON-DJSCRJMINA TJON PROV]SJON: The LOCALlTY agrees to abide by the provisions of Tit]e V1
and Title VB of the Civil Rights Act of ]964 (42 USC 2000e). which prohibits discrimination against any
employee or applicant for emp]0)111ent, or any applicant or recipient of services, on the basis of race,
religion, color, sex or nationa] origin: and further agrees to abide by Executive Order No. I] 246 entitled
"Equal Employment Opportunity," as amended by Executive Order No. ] ]375 and as supplemented in the
Department of Labor Regulations (41 CFR Part 60). which prohibit discrimination on the basis of age.
Sections 49 CFR 2] and 26 CFR 7] OA05(b) are incorporated by reference in all contracts and subcontracts
funded in whole or in part with federal funds. The LOCALlTY shall comply with the Americans with
Disabi]ities Act (ADA), and with the provisions of the Virginians with Disabilities Act Sections 51.5-40
through 5] .5-46 of the Code of Virginia, as amended, the terms of which are incorporated herein by
reference.
]n the event of the LOCALlTY'S noncompliance with the nondiscrimination provisions of this Agreement,
the DEP AR TMENT shall impose such contract sanctions as it or the FHW A may determine to be
appropriate, including but not limited to:
17
Project EN04-002-126
UPC 7527]
a. withholding of payments to the LOCALITY under this Agreement until the LOCALITY complies:
and/or
b. cancellation. termination or suspension of this Agreement, in whole or in part.
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964: During the performance of this Agreement. the
LOCALITY, for itself, its assignees and successors in interest (herein referred to as "the RECIPIENT"),
agrees as follows:
a. Compliance with Regulations: The RECIPIENT will comply with the Regulations of the United
States Department of Transportation relative to nondiscrimination in Federally-assisted programs
of the United States Department of Transportation (Title 49), Code of Federal Regulations, Part
21, (hereinafter referred to as the Regulations), which are herein incorporated by reference and
made a part of this Agreement.
b. Nondiscrimination: The RECIPIENT with regard to the services provided by it after award and
prior to completion of this Agreement, will not discriminate on the grounds of race, color, sex,
national origin, age or handicap in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The RECIPIENT will not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including
employment practices when the services covers a program set forth in Appendix B of the
Regulations.
c. Solicitations for Subcontractors: In all solicitations, either by competitive bidding or negotiation
made by the RECIPIENT for work to be performed under a subcontract, including procurements
of materials or equipment, each potential subcontractor or supplier shall be notified by the
RECIPJENT of the RECIPIENT'S obligations under this Agreement.
d. Information and Reports: The RECIPIENT will provide all information and reports required by the
Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
DEPARTMENT or the FHWA to be pertinent to ascertain compliance with such Regulations,
orders and instructions. Where any information required of the RECIPIENT is in the exclusive
possession of another who fails or refuses to furnish this information, the RECIPJENT shall so
certify to the DEP AR TMENT, or the FHW A as appropriate, and shall set forth what efforts it has
made to obtain the information.
e. Incorporation of Provisions: The RECIPIENT will include the provIsIOns of paragraphs "a"
through "e" in every subcontract, including procurements of materials and ]eases of equipment,
unless exempt by the Regulations, order or instructions issued pursuant thereto. The RECIPIENT
will take such action with respect to any subcontractor or procurement as the DEPARTMENT or
the FHW A may direct as a means of enforcing such provisions including sanctions for
noncompliance: Provided, however, in the event the RECIPIENT becomes involved in, or is
threatened with, litigation with a subcontractor or supplier as a result of such direction, the
RECIPJENT may request the DEPARTMENT to enter into such litigation to protect the interests
of the DEPARTMENT and, in addition, the RECIPIENT may request the United States to enter
into such litigation to protect the interests of the United States.
18
Project EN04-002-126
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CERTIFICATION REGARDING NON-SEGREGATED FACILITIES: By the execution of this
Agreement the RECIPIENT certifies that it does not maintain or provide for its employees any segregated
facilities at any of its establishments. and that it does not permit its employees to perform their services at
any location, under its control, where segregated facilities are maintained. 11 certifies further that it will not
maintain or provide for its employees any segregated facilities at any of its establishments. and that it will
not permit its employees to perform their services at any location under its control, where segregated
facilities are maintained. The RECIPIENT further certifies that no employee will be denied access to
adequate facilities on the basis of sex or disability. As used in this certification, the term "segregated
facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating
areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing facilities provided for employees which are
segregated by explicit directive or are in fact segregated on the basis of race, creed, color, national origin,
age or handicap, because of habit, local custom or otherwise. 11 agrees that, except where it has obtained
identical certification from proposed subcontractors and material suppliers for specific time periods, it will
obtain identical certification from proposed subcontractors or material suppliers prior to the award of
subcontracts or the consummation of material supply agreements exceeding ten thousand dollars. and that
it will retain such certifications in its files.
TDD/TTY EQUIPMENT FOR THE DEAF: When seeking public participation through the maintenance
of a toll free hot line number and/or publishing project-related materials, the RECIPIENT agrees to ensure
that all citizens have equally effective communication. The RECIPIENT agrees to provide or identify a
telecommunications device for the deaf/teletypeviriter (TDD/TTY) or acceptable means of telephone
access for individuals with impaired speech or hearing. The RECIPIENT will provide notice of a
TDD/TTY number ,vhenever a standard telephone number is provided.
DISADVANTAGED BUSINESS ENTERPRISES: The RECIPIENT, its agents, employee, assigns, or
successors, and any person, firm or agency of whatever nature with whom it may contract or make an
agreement, shall comply with the provisions of 49 CFR, Part 26. as amended, which is hereby made part of
this Agreement by reference. The RECIPIENT shall take all necessary and reasonable steps in accordance
with 49 CFR, Part 26, as amended, to ensure that DBE's have the maximum opportunity to compete for
and perform on contracts and subcontracts under this Agreement
A Disadvantaged Business Enterprise ("DBE") is a business certified in accordance with the guidelines of
49 CFR, Part 26, as amended, by a United Stated Department of Transportation designated and approved
agency. A listing of certified firms can be located at http://vim.iniadot.org/business/constllistpage.asp
under certified contractors list.
The Civil Rights Division ("CRD") establishes the individual project DBE goals in accordance with the
methodology indicated in the DEPARTMENT's DBE Program Plan, as amended, which was approved by
FH\VA in 1999. Copies of the Plan can be purchased from the Civil Rights Division-Central Office
("CRD-CO"), located at 122] East Broad Street in Richmond at (804) 786-2085.
The RECIPIENT will submit the detail estimate for the proposed project, which includes work activities
and their associated costs, and the finaJ total cost assigned to the project, to the CRD-CO no later than 1\\10
months prior to advertisement, in order that DBE goals can be establish by VDOT. Once the project has
been advertised and bids received by the RECIPIENT, the RECIPIENT will forward the DBE information
regarding DBE participation commitment from the two lowest responsive and responsible bidders
information to the CRD-CO for review and recommendations regarding award of the project. The award
of all bids must adhere to federal regulations, as promulgated in 49 CFR, Part 26 and the
19
Project EN04-002-126
UPC 75271
DEPARTMENT's Special Provision for Section 110.04 of the Specifications relative to 'good faith
efforts' by contractors in making the required DBE participation. After the contract is awarded. the
RECIPIENT will submit the DBE information to the CRD-CO.
All contractors that fail to meet the DBE goal are subject to review by the DEPARTMENT's CRD to
determine whether a 'good faith effort' was made as outlined in 49 CFR. Parts 26.53 and Special Provision
] 10.04.
COMPLIANCE MONITORING
The RECIPIENT must ensure that the contractor take steps to ensure that those DBEs commit1ed to
perform work under contract perform a commercially useful function ("CUF"). It is the DEPARTMENT's
responsibility to determine compliance with the commercially useful function requirement. The
requirements are described in 49 CFR, Part 26.55. District Civil Rights Managers ("DCRM") and their
staff will monitor construction activity to ensure that DBE firms are performing work in accordance with
federal regulations. The DCRM will conduct DBE Compliance Reviews on each DBE firm performing
work for participation credit/goal at1ainment on each project.
The RECIPIENT will ensure that the DCRM receives copies of all contracts awarded and DBE
subcontracts, which will initiate the monitoring process. Compliance monitoring includes: site visits,
review of documents such as materia] tickets, subcontracts, lease agreements, etc. and any other
information needed to render a compliance determination.
MONJTORING PAYMENTS TO DBE FIRMS
VDOT requires that the RECIPIENT maintain records and documents of payments to DBE firms for the
performance of their contract or subcontract. At a minimum, these records must consist of type of work
DBE firm performed, dates of work, dollar amount paid for work, and on what date payment was made.
These records must be submit1ed on a quarterly basis to the appropriate DCRM for each locality.
Documentation should be submit1ed no later than thirty (30) days after the end of the federal fiscal year
quarter.
RECIPIENTS will ensure that all DBE firms are paid promptly in accordance with 49 CFR, Part 26.29.
The DEPARTMENT's prompt pay guidelines are indicated in the DBE Program Plan.
The RECIPIENT will maintain records and documents verif)ling DBE firms awarded contracts and
subcontracts to include: name ofDBE firm, indicating if firm is a certified minority or woman owned firm,
type of work; and dollar value of contract or subcontract and dates work was performed. This information
will be maintained and submit1ed on an annual basis (federal fiscal year) no later than the first of each
September. to the appropriate DCRM for each locality.
ON THE JOB TRAINING ("OJT") PROGRAM: The RECIPIENT, its agents, employees, assigns, or
successors, and any person, firm or agency of whatever nature with whom it may contract or make an
agreement, shall comply with the special training provisions in accordance with 23 CFR, Part 230.] 07(b),
as amended, which is hereby made part of this Agreement by reference. The RECIPIENT shall take all
necessary and reasonable steps to ensure training and upgrading of minorities, women, veterans, and other
disadvantaged persons toward achieving journeymen status within a given construction trade. The program
seeks to reduce overhead costs associated with training through a stipend reimbursement to the contractor
20
Project EN04-U02-126
UPC 75271
while offering the opportunity to enhance short and long-term workforce needs. The current OJT
reimbursement rate is three dollars per trainee hour.
The OJT program requires full utilization of all available training and skill-improvement opportunities to
assure the increased participation of minority groups and disadvantaged persons and women in all phases
of the highway construction industry. It is the intent that each contractor's workforce and construction site
should reflect the same diversity as the community.
TRAINEE GOALS
The DCRM will set a trainee goal on all federally assisted contracts in accordance with guidelines outlined
in 23 CFR, Part 230, Parts 111, 113 and 117. The RECIPIENT will contact the DCRM prior to the
advertisement of the contract to obtain the trainee goal. The DCRM will approve all trainee enrollments to
ensure that disadvantaged persons are given opportunities for training. Trainee work classifications and
the requirements of each will follow those already developed by the DEPARTMENT and the Virginia
Road and Transportation Builders Association ("VRTBA"). Copies of the OJT Trainee Classification
Booklet can be purchased from VRTBA located at 620 Moorefield Avenue in Richmond or call (804) 330-
33 J 2.
MONITORJNG OF OJT PROGRAM
VDOT requires that the RECIPIENT maintain records and documents of trainee enrollments to include:
name of trainee, sex, gender, trainee work classification, hourJy wage rates, start date, completion date and
wage increments as training progressed. This information will include reason(s) trainees do not complete
the training program and number of drop-outs and terminations prior to completion of the training
program.
The RECIPIENT will compile OJT records and submit them on a quarterJy basis to the appropriate DCRM
for each locality. Documentation will be submitted no later than the first day of the first month following
the federal fiscal year quarter, which commences October 1 SI. The RECIPIENT will submit an annual
report to the appropriate DCRM no later than the third of each .1anuary for the preceding calendar year.
The RECIPIENT will maintain records and documents supporting. the reimbursements to contractors for
each trainee hour achieved via the O.1T program. These records will include: contractor's name, project
number. location of project, trainee goal for the contract, name of trainee(s), trainee(s) work classifications,
number of hours completed by each trainee(s), and dollar amount paid to the contractor. Trainee
Certificates will be presented to each trainee completing the O.1T program. It is recommended that copies
of these certificates be part of the OJT trainee records.
CONTRACTOR COMPLIANCE: The RECIPIENT will ensure that all contractors and subcontractors
awarded work will meet contractual Equal Opportunity ("EO") requirements under Executive Order
1] 246, as amended, 23 U.S. c., FHW A-] 273 (23 CFR, Parts 633), Section] ] 0.03 (Equal Employment
Opportunity) of Roads and Bridges Specifications and Title VI of the Civil Rights Act of ]964, as
amended. All contractors and subcontractors will submit to the DCRM the required information such as
EO Policy, EO Liaison Officer, company employment and monthly project site employment reports as
indicated in Section] ] 0.03.
The CRD will monitor for adherence to Contractor Compliance as outlined in 23 CFR, Part 230.409,41 ],
and 4] 3.
21
Project EN04-002-126
UPC 75271
The RECIPIENT will forward copies of all awarded contracts to the appropriate DCRM to initiate the
monitoring process. The monitoring process includes: project site visits, employee interviews. and review
of documentation (subcontracts, lease agreements, material tickets, etc.). Formal Contractor Compliance
EO Reviews will be conducted by the DCRM as needed. Guidance for conducting compliance reviev'is is
provided in the Contract Compliance Plan (Part I of Affirmative Action Plan) approved by Federal
Highway Administration in 2002. Copies of the Plan can be purchased from the Civil Rights Division-
Central Office, located at 1221 East Broad Street in Richmond at (804) 786-2085.
REPORTING: The RECIPIENT, its contractors and subcontractors having a contract or subcontract of at
least $] 0.000 or more is required to submit an annual employment report to the CRD in accordance with
23 CFR, Part 230.2]. The report reflects all employees on site during the third week of each month of July
during which work is performed. This information will be submit1ed to the DCRM indicating number of
employees in each work classification, their race and sex. All employees on site must be accounted for to
include men and women, both journeymen level, trainees and apprentices.
The annual employment report will be submit1ed to each DCRM for each federally assisted project no later
than the second week of each August.
RECORD KEEPING: The RECIPIENT wiJl maintain all records pertaining to the individual projects for
three years after completion of each project. Records shaJl include but not be limited to contracts,
subcontractors, purchase orders, material delivery tickets, lease agreements, joint check agreements,
payments made to contractors, inspections and permits. This is in accordance with Section] ] 0.03 of
Roads and Bridges Specifications.
The RECIPIENT shall provide all information and reports required by the regulations or directives issued
pursuant thereto, and shaJl permit access to its books, records, accounts, and other sources of information,
and its facilities as may be determined by the DEPARTMENT or the FHW A to be pertinent to ascertain
compliance with such regulations, orders and requirements.
The DEPARTMENT's Civil Rights Division or Office of)nspector General Auditing
Division and FH'V A wiJ) perform audits as needed to ensure compliance with a))
GuideJines.
22
Project EN04-002-126
UPC 75271
Appendix C
Project Number: EN04-002-126, PE101, RW201, CSOl
Project Description:
Location:
Propert)' Acquisition Required (Y IN):
Consultant Sen'ices to be Used (Y IN):
Tentative Schedule:
Base the following responses on the amount of federal funding allocated in the attached
Agreement; do not include future allocations or total estimated project costs. )f this is a
Supplemental Agreement, address only the additional funds received in this allocation.
Description of work/activities to be performed with this allocation:
* If this allocation wiII be used to cover costs in muItipJe phases of a project, separately identify
the work/activities to be performed in each of the different phases.
Sponsor's Share:
Cash: $
Land Donation: $
Estimated/ A pprai sed VaIue
In-kind Service / Volunteer Labor: $
*]nclude estimated number of hours & rates
23
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Resolution of Intent - Contractor's Office and
Equipment Storage Yard
AGENDA DATE:
July 6, 2005
SUBJECT/PROPOSAL/REQUEST:
Resolution of Intent to Amend Zoning Ordinance to
Change Contractor's Office and Equipment Storage
Yard from a By-right Use to a Special Use Permit in
the Light Industrial (LI) District
ACTION:
INFORMATION:
CONSENT AGENDA:
ACTION: X
INFORMATION:
REVIEWED BY:
f
STAFF CONTACnS):
Messrs. Tucker, Foley, Davis, Kamptner, Graham,
Cilimberg, Ms. McCulley
ATTACHMENTS: Yes
LEGAL REVIEW: Yes
BACKGROUND:
Going back to the County's first Zoning Ordinance, a Contractors Office and Equipment Storage Yard has been a by-right
use in the manufacturing/industrial type zoning districts. In recent years, concern has been expressed by some members of
the public and some Board of Supervisors' members regarding the potential impact of the Contractor's Office and
Equipment Storage Yard as a by-right use in the Light Industry (LI) District. This has been of particular concern as some
properties zoned Light Industry are located in close proximity to primarily residential areas or rural areas (see Attachment A),
or are located on roads that may not be adequate to handle the type of traffic that can be associated with such uses. One
suggested initiative that could address these concerns on a case by case basis would be to amend the Zoning Ordinance to
move this use from a use by-right to special use permit in the LI District. This would require the passage of a Resolution of
Intent.
STRATEGIC PLAN:
Strategic Direction 2. Protect the County's Natural, Scenic and Historic Resources.
Goal: 2.1 Protect and/or preserve the County's rural character.
DISCUSSION:
The County's experience is that Contractor's Office and Equipment Storage Yards can range in intensity from mainly offices
with limited on-site storage and relatively light equipment transport to much more intensive on-site storage and heavy
equipment transport. The public purpose served by amending the Zoning Ordinance to make this use by special use permit
in the LI District would be to allow the scale and intensity of the use to be assessed for a finding of appropriate location for
that use on a case by case basis and to allow appropriate conditions to be included when approved. In considering this
amendment, it is important to identify those distinctive aspects of the use that seem to warrant its consideration for the
change. In the case of the Contractor's Office and Equipment Storage Yard there are several factors to consider relative to
justification for the change: 1) This use can be generally distinguished from most other by-right uses particular to the LI
District which tend to be more basic industrial, production oriented and employment generating in nature; 2) This use is
allowed by special use permit in the Highway Commercial district, the highest intensity commercial district; 3) Warehouse
facilities by-right and warehouse facilities by special use permit are distinguished based on the potential for storage of
hazardous materials, a potential activity in Contractor's Office and Equipment Storage Yards; and, 4) Several uses by
special use permit in the LI District have potential impacts similar to that of a Contractor's Office and Equipment Storage
Yard - truck terminal (type of traffic), body shops (equipment repair), assembly of modular buildings (type of traffic) and
moving businesses (type of traffic).
One impact resulting from this change would be that all existing Contractor's Office and Equipment Storage Yards would
become non-conforming and most modifications to them would subject them to a new special use permit. Staff has
estimated at least 30 such operations in the LI District. Alternatives to moving this use to the special use permit category
that would lessen this resulting effect would be to leave the use by-right and develop supplementary regulations for the use
or to create two categories of Contractor's Office and Equipment Storage Yards - Light Contractor as by-right and Heavy
Contractor by special use permit. The latter alternative would require clearly distinguishing definitions and regulations for
AGENDA TITLE: Resolution of Intent - Contractor's Office and Equipment Storage Yard
AGENDA DATE: July 6, 2005
Page 2 of 2
each type of Contractor's Office and Equipment Storage Yard. The Zoning Administrator recommends against this
alternative as problematic to administer.
It should also be noted that the County's standard public process for Zoning Text Amendments includes public/stakeholder
meetings for review and input on proposals. This process allows for this input during the development of ordinance
provisions and in advance of Planning Commission and Board of Supervisors' public hearings. It does add to the
processing time. Staff would like the Board's guidance as to its desire for such public input in this case.
BUDGET IMPACT:
Changing Contractors Office and Equipment Storage Yard from a by-right use to a use by special use permit in the LI
District would require this use be reviewed at public hearings by the Planning Commission and Board of Supervisors. This
would require staff analysis, adjacent owner notification, and legal ads for both the Planning Commission and Board of
Supervisors and posting of on-site notification signs. Although there is a $1,020 fee for industrial use special use permit
applications, many times this fee does not cover the costs noted above.
RECOMMENDATIONS:
Provided that the Board supports changing Contractor's Office and Equipment Storage Yard from a by-right use to a special
use permit in the LI District as the simplest and most straightforward approach to addressing the concerns regarding this as
a by-right use, staff recommends the Board approve the corresponding resolution of intent (Attachment B). Should the
Board desire considering the option of leaving the use by-right and developing supplementary regulations for the use, staff
recommends the Board approve an alternative resolution of intent (Attachment C). Staff does not recommend the
alternative of creating two categories of Contractor's Office and Equipment Storage Yards - Light Contractor as by-right and
Heavy Contractor by special use permit. Staff requests the Board's direction as to the public process it expects during the
development of the zoning text amendment.
ATTACHMENTS
A - Liqht Industry Zoninq Locations
B - Resolution of Intent changing the "contractor's office and equipment storage yard" use classification from one that
is allowed by right to one that is allowed by special use permit
C - Resolution of Intent authorizing the "contractor's office and equipment storage yard" use classification by right but
subject to supplemental regulations, or changing the use classification from one that is allowed by right to one that is
allowed by special use permit
05.073
KKY
. LIGHT I:o..TH~~TH:Y
"'-' MA~ ROADS
'""'-' SI<X'O:'\'UARY ROATh';';
RAIl.ROADS
a ('OCNTY OF AJ..BJ<.:MAHLE
~ ('ITY OF CI-lARL(YJTE~VILl.E
LIGIIrl' INDUSrl'RY ZONING LOCArl'IONS
AI..ln~MARL¡'~ COlJN'l'Y
.MAP CREA'l'ED: J'l~E 16, 2005.
CREATED BY: ANDRE'''' ''''I~Z.
PREPARED BY ALHE~lARLE ('oeST'\' GEOGRAPHIC
DATA SERVI('ES.
ZONING ('URREXTY AS OF' Jl"XE lB, 2005.
Attachment B
RESOLUTION OF INTENT
WHEREAS, "contractor's office and equipment storage yard" is a use classification authorized by
right in the Light Industry (LI) zoning district (Zoning Ordinance § 27.2, entitled "Permitted Uses"); and
WHEREAS, experience in Albemarle County has shown that this use classification may range in
intensity from one that is primarily offices with limited equipment storage and minimal impacts to those that
are more intense because less area is devoted to offices and more is devoted to equipment storage, with
associated activities including equipment transportation; and
WHEREAS, in recent years concern has been expressed by some members of the public and public
officials that the traffic, noise and other impacts arising from an intensive contractor's office and equipment
storage yard use may create conflicts with residential areas and rural areas in proximity to a Light Industry
(Ll) zoning district; and
WHEREAS, authorizing contractor's office and equipment storage yards by special use permit in
the Light Industry (Ll) zoning districts would allow such a proposed use to be evaluated on a case-by-case
basis so that the impacts resulting from the use may be identified and, if it is approved, mitigated by
appropriate conditions; and
WHEREAS, it is desired to amend Zoning Ordinance § 27.2 to change the "contractor's office and
equipment storage yard" use classification from one that is allowed by right to one that is allowed by special
use permit.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare and good zoning practices, the Albemarle County Board of Supervisors hereby adopts a
resolution of intent to amend Zoning Ordinance § 27.2 and any other regulations ofthe Zoning Ordinance
deemed appropriate to achieve the purposes described herein.
BE IT FURTHER RESOL VED THAT the Planning Commission shall hold a public hearing on
the zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board
of Supervisors, at the earliest possible date.
*****
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to _, as
recorded below, at a regular meeting held on
Clerk, Board of County Supervisors
Ave Nay
Mr. Bowerman
Mr. Boyd
Mr. Domer
Mr. Rooker
Ms. Thomas
Mr. Wyant
l
Attachment C
RESOLUTION OF INTENT
WHEREAS, "contractor's office and equipment storage yard" is a use classification authorized by right in the
Light Industry (Ll) zoning district (Zoning Ordinance § 27.2, entitled "Pennitted Uses"); and
WHEREAS, experience in Albemarle County has shown that this use classification may range in intensity
from one that is primarily offices with limited equipment storage and minimal impacts, to those that are more intense
because less area is devoted to offices and more is devoted to equipment storage, with associated activities including
equipment transportation; and
WHEREAS, in recent years concern has been expressed by some members of the public and public officials
that the traffic, noise and other impacts arising from an intensive contractor's office and equipment storage yard use
may create conflicts with residential areas and rural areas in proximity to a Light Industry (Ll) zoning district; and
WHEREAS, authorizing contractor's office and equipment storage yards by right but subject to supplemental
regulations, or allowing them by special use pennit in the Light Industry (Ll) zoning districts would allow such a
proposed use to be evaluated on a case-by-case basis so that the impacts resulting from the use could be identified and
addressed either through supplemental regulations (if allowed by right) or by appropriate conditions (if allowed by
special use pennit); and
WHEREAS, it is desired to amend Zoning Ordinance § 27.2 to either authorize the "contractor's office and
equipment storage yard" use classification by right but subject to supplemental regulations, or to change the use
classification from one that is allowed by right to one that is allowed by special use pennit; and
WHEREAS, if the "contractor's office and equipment storage yard" use classification remains a by right use
but subject to supplemental regulations, it is also desired to amend Zoning Ordinance § 5, entitled "Supplemental
Regulations" .
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general
welfare and good zoning practices, the Albemarle County Board of Supervisors hereby adopts a resolution of intent to
amend Zoning Ordinance § 5 (if the "contractor's office and equipment storage yard" remains a by right use but subject
to supplemental regulations) and § 27.2, and any other regulations of the Zoning Ordinance deemed appropriate, to
achieve the purposes described herein.
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the zoning
text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the
earliest possible date.
*****
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the
Board of Supervisors of Albemarle County, Virginia, by a vote of _ to _, as recorded below, at a regular
meeting held on
Clerk, Board of County Supervisors
Aye Nay
Mr. Bowennan
Mr. Boyd
Mr. Domer
Mr. Rooker
Ms. Thomas
Mr. Wyant
RESOLUTION OF INTENT
WHEREAS, "contractor's office and equipment storage yard" is a use classification
authorized by right in the Light Industry (LI) zoning district (Zoning Ordinance § 27.2, entitled
"Permitted Uses"); and
WHEREAS, experience in Albemarle County has shown that this use classification may
range in intensity from one that is primarily offices with limited equipment storage and minimal
impacts to those that are more intense because less area is devoted to offices and more is
devoted to equipment storage, with associated activities including equipment transportation; and
WHEREAS, in recent years concern has been expressed by some members of the
public and public officials that the traffic, noise and other impacts arising from an intensive
contractor's office and equipment storage yard use may create conflicts with residential areas
and rural areas in proximity to a Light Industry (LI) zoning district; and
WHEREAS, authorizing contractor's office and equipment storage yards by special use
permit in the Light Industry (LI) zoning districts would allow such a proposed use to be
evaluated on a case-by-case basis so that the impacts resulting from the use may be identified
and, if it is approved, mitigated by appropriate conditions; and
WHEREAS, it is desired to amend Zoning Ordinance § 27.2 to change the "contractor's
office and equipment storage yard" use classification from one that is allowed by right to one
that is allowed by special use permit.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity,
convenience, general welfare and good zoning practices, the Albemarle County Board of
Supervisors hereby adopts a resolution of intent to amend Zoning Ordinance § 27.2 and any
other regulations of the Zoning Ordinance deemed appropriate to achieve the purposes
described herein.
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public
hearing on the zoning text amendment proposed by this resolution of intent, and make its
recommendation to the Board of Supervisors, at the earliest possible date.
* * * * *
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a
Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a yote of
fiye to zero, as recorded below, at a regular meeting held on July 6, 2005.
Mr. Bowerman
Mr. Boyd
Mr. Dorrier
Mr. Rooker
Ms. Thomas
Mr. Wyant
Aye Nay
y
y
Absent
y
y
y
The Board of County Supervisors of Albemarle County, Virginia, in regular
meeting on the 6th day of Julv 2005, adopted the following resolution:
RESOLUTION
WHEREAS, the street(s) in Hollymead Subdivision described on the attached
Additions Form SR-5(A) dated July 6, 2005, fully incorporated herein by reference, is
shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County,
Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation
has advised the Board that the street(s) meet the requirements established by the
Subdivision Street Requirements of the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County
Supervisors requests the Virginia Department of Transportation to add the road(s) in
Hollymead Subdivision as described on the attached Additions Form SR-5(A) dated
July 6, 2005, to the secondary system of state highways, pursuant to §33.1-229, Code
of Virginia, and the Department's Subdivision Street Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted
right-of-way, as described, exclusive of any necessary easements for cuts, fills and
drainage as described on the recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the
Resident Engineer for the Virginia Department of Transportation.
Recorded Vote:
Moved By: Ms. Thomas
Seconded By: Mr. Boyd
Yeas: Mr. Bowerman, Mr. Boyd, Mr. Rooker, Ms. Thomas and Mr. Wyant
Nays: None
Absent: Mr. Dorrier
A Copy Testee:
Signed
Printed Name
Title
Ella Washington-Carey
Clerk, Board of County
rvisors
The road(s) described on Additions Form SR-5(A) is:
1 ) Broad CrossinQ Road (State Route 1498) tram Route 1520 (Hollymead
Drive) to .04 miles north on Route 1520 (Hollymead Drive) as shown on
plat recorded 11/22/1993 in the office the Clerk at Circuit Court at
Albemarle County in Deed Book 1361, page 674, with a 50-toot right-ot-
way width, tor a length at 0.04 miles; and trom .04 miles north on Route
1520 (Hollymead Drive) to .07 miles east on Route 1498 (Broad Crossing
Road) as shown on plat recorded 11/22/1993 in the office the Clerk at
Circuit Court at Albemarle County in Deed Book 1361, page 674, with a
50-toot right-at-way width, tor a length at 0.07 miles; and trom .07 miles
east on Route 1498 (Broad Crossing Road) to .13 miles east on Route
1498 (Broad Crossing Road) as shown on plat recorded 11/22/1993 in the
office the Clerk at Circuit Court at Albemarle County in Deed Book 1361,
page 674, with a 50-toot right-at-way width, tor a length at 0.13 miles; and
trom .13 miles east on Route 1498 (Broad Crossing Road) to the end at
maintenance; as shown on plat recorded 11/22/1993 in the office the Clerk
at Circuit Court at Albemarle County in Deed Book 1361, page 674, tor a
length at 0.04 miles.
Total Mileage - 0.28 miles.
In the County of Albemarle
By resolution ofthe governing body adopted July 06. 2005
Thefollowing Form SR-5A is hereby attached and incorporated as part C!fthe g01'erning body's resolution for changes
in the secondary system of state highways.
A Copy Testee Signed (COllllt)' Official):
TS
Report of Changes in the Secondary System of State Hig
Form SR·5A
Secondary Roads Division 5/1/99
ProjectlS ubdivision
Hollymead Subdivison
Type of Change: Addition
The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are
hereby requested, the right of way for which, including additional easements for drainage as required, is guaranteed:
Reason for Change:
Pursuant to Code of Virginia Statute:
Route Number and/or Street Name
Broad Crossing Rd., State Route Number 1598
Description: From: Rt.1520 Hollymead Dr.
To: .04 Miles North Rt.1520
A distance of: 0.04 miles.
Right of Way Record: Filed with the Albemarle County Clerks Office on 11/22/1993. Db1361 Pg 674, with a width of 50'
Description: From: .04 Miles North Rt.1520
To: .07miles East On Broad Crossing Rd.
A distance of: 0.07 miles.
Right of Way Record: Filed with the Albemarle County Clerks Office on 11/22/1993, Db1361 Pg 674, with a width of 50'
Description: From: .07miles East On Broad Crossing Rd.
To: .13 Miles East On Broad Crossing Rd.
A distance of: 0.13 miles.
Right of Way Record: Filed with the Albemarle County Clerks Office on 11/22/1993, Db1361 Pg 674, with a width of 50'
Description: From: .13 Miles East On Broad Crossing Rd.
To: End Maintance
A distance of: 0.04 miles.
Right of Way Record: Filed with the Albemarle County Clerks Office on 11/22/1993, Db1361 Pg 674, with a width of 50'
Addition, New subdivision street
§33.1-229
Page 1 of 1
The Board of County SupeNisors of Albemarle County, Virginia, in regular
meetjng on the 6th day of July 2005, adopted the following resolution:
RESOLUTION
WHEREAS, the street(s) in Boston Creek Subdivision described on the
attached Additions Form SR-5(A) dated July 6, 2005, fully incorporated herein by
reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of
Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation
has advised the Board that the street(s) meet the requirements established by the
Subdivision Street Requirements of the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County
SupeNisors requests the Virginia Department of Transportation to add the road(s) in
Boston Creek Subdivision as described on the attached Additions Form SR-5(A)
dated July 6,2005, to the secondary system of state highways, pursuant to §33.1-229,
Code of Virginia, and the Department's Subdivision Street Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted
right-of-way, as described, exclusive of any necessary easements for cuts, fills and
drainage as described on the recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the
Resident Engineer for the Virginia Department of Transportation.
Recorded Vote:
Moved By: Ms. Thomas
Seconded By: Mr. Boyd
Yeas: Mr. Bowerman, Mr. Boyd, Mr. Rooker, Ms. Thomas and Mr. Wyant
Nays: None
Absent: Mr. Dorrier
A Copy Testee:
Signed
Printed Name
Title
Ella Washington-Carey
Clerk, Board of County S
The road(s) described on Additions Form SR-5(A) is:
1) Boston Creek Drive (State Route 890) from Route 618 (Martin Kings
Road) to .03 miles south to Fluvanna County line, as shown on plat
recorded OS/20/1999 in the office the Clerk of Circuit Court of Albemarle
County in Deed Book 367, page 84, with a 50-foot right-of-way width, for a
length of 0.03 mile.
Total Mileage - 0.03 mile.
In the County of Albemarle
By resolution of the governing body adopted July 06.2005
Thefollowillg Form SR-5A is hereby attached and i1lcorporated as part of the governing body's resolutio1lfor changes
ill the secondary system of state highways.
A Cðp)" Testee Signed (Collnt)" Official):
(JCU-h
Form SR-5A
Secondary Roads Division 5/1/99
Report of Changes in the Secondary System of State H' b ways
Project/Subdivision
Boston Creek Subdivision
Type of Change: Addition
The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are
hereby requested, the right of way for which, including additional easements for drainage as required, is guaranteed:
Reason for Change:
Pursuant to Code of Virginia Statute:
Route Number and/or Street Name
Boston Creek Drive, State Route Number 890
Description: From: Rt.618 Martin Kings Rd.
To: .03 Miles South To Fluvanna County Line
A distance of: 0.03 miles.
Right of Way Record: Filed with the Albemarle County Clerks Office on 5/20/1999, Db 367 Page 84, with a width of 50'
Addition, New subdivision street
§33.1-229
Page 1 of 1
County of Albemarle
Department of Community Development
Memorandum
To:
From:
Division:
Date:
Subject:
Ella Carey, Clerk, Board of Supervisors
Greg C?oley, Roads Engineer ~II!
mspectlOns V
June 2, 2005
Board Agenda - July 6, 2005
Road Resolution for Hollymead Subdivision and Boston Creek Subdivision
Attached is the original of Additions Form SR-5A for the following roads in
Beckoning Ridge Subdivision:
· Hollymead Subdivision - Broad Crossing Road (State Route 1598)
· Boston Creek Subdivision - Boston Creek Drive (State Route 890)
We would like to have this included on the Board's May 4,2005 agenda so that a resolution can be
adopted requesting VDoT add these roads into the secondary system of state highways.
If additional information is needed, please do not hesitate to contact me.
Attachments
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
FY 05/06 Budget Issues - Sheriff's Staffing
AGENDA DATE:
July 6, 2005
ACTION:
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Approval of one deputy and a half time clerical
position for the Sheriff's Department
CONSENT AGENDA:
ACTION: X
INFORMATION:
STAFF CONTACT(S):
Tucker, Foley, Davis, Breeden
LEGAL REVIEW: Yes
ATTACHMENTS: No
REVIEWED BY: ~~
/
BACKGROUND:
On March 14, 2005 during a Board of Supervisors work session on the FY 05/06 Recommended Operating Budget, Sheriff
Ed Robb addressed the Board regarding requested strategic initiatives he submitted during the budget process. During
preparation of the County Executive's FY 05/06 Recommended Budget, the Sheriff's request was analyzed and
subsequently not recommended for funding due to funding constraints. During the Board's work session, Sheriff Robb
indicated that his request involved an administrative position to help alleviate administrative functions currently being
performed by Sheriff's deputies, and a Sheriff's Deputy position to address current security concerns facing the Courts.
After reviewing the information presented by Sheriff Robb and County staff, the Board placed $66,943 in a contingency
fund, and directed County staff to provide additional information regarding the request.
STRATEGIC PLAN:
4.2 Fund County services in a fair, efficient manner and provide needed public facilities and infrastructure.
DISCUSSION:
The Office of Management and Budget (OMB) has reviewed current staffing and compared it to other localities with similar
populations (Roanoke, Hanover and Stafford). While this review indicated that FTE's per capita are similar to the other
localities, there tends to be a need for additional staffing when the courts are operated in more than one building as they
are in Albemarle County. OMB also reviewed statistical data maintained by the Sheriff on court operating hours,
transportation mileage, and the number of papers processed and served, tracking the change in activity since 2000. This
review showed a steady increase in all areas except for transportation over this period. Transportation decreased most
likely due to the construction of the Juvenile Detention facility. When compared to the other localities, Albemarle's total
hours of court operation were about 20% higher than the average.
BUDGET IMPACT:
The total cost of salary and benefits for FY 05/06 to meet the Sheriff's request for two full time positions would be
$66,943. In addition, the ongoing operational costs and one-time start up costs associated with the additional deputy
would be $2,985 and $6,305 respectively, for a total budget impact to meet the Sheriff's request of $76,233.
RECOMMENDATIONS:
Based on the data reviewed and the working environment associated with the court operations, including the Juvenile Court
renovations, staff recommends approval of one additional deputy, including one-time start up costs, and a half-time clerical
position, for a total cost of $61 ,379.
05.082
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Petty Cash Resolution Revision
AGENDA DATE:
July 6, 2005
ACTION:
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Adopt Revisions to the Petty Cash Resolution
CONSENT AGENDA:
ACTION: X
INFORMATION:
STAFF CONTACT(S):
Tucker, Davis, Wiggans, Koonce, White, Welcher
ATTACHMENTS: Yes
LEGAL REVIEW: Yes
REVIEWED BY: ~
I
DISCUSSION:
Virginia Code Section 15.2-1229, provides that the County may establish, by resolution, petty cash funds not to exceed
$5,000 each to be used to transact its daily County business. A Resolution was approved by the Board on June 7, 2004 for
the establishment of these petty cash funds. At this time, staff is recommending revisions to two of the amounts listed in
the resolution approved last year:
· Eliminate the Planning Department's petty cash fund of $25.
· Increase the Commonwealth's Attorney's petty cash fund from $100 to $300.
These requested revisions align the petty cash funds to a more effective use for these departments.
RECOMMENDATIONS:
Staff recommends that the Board adopt the attached Resolution to establish petty cash funds.
ATTACHMENTS:
A - Resolution-Petty Cash
05.069.doc
RESOLUTION
WHEREAS, Virginia Code §15.2-1229, provides that the governing body of any
county may establish by resolution one or more petty cash funds not exceeding $5,000
each for the payment of claims arising from commitments made pursuant to law; and
WHEREAS, the Board of Supervisors adopted a Resolution on June 7, 2004
establishing petty cash funds; and
WHEREAS, the Board of Supervisors now desires to amend and reestablish
certain petty cash funds for the above stated purpose.
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of
Albemarle County, Virginia establishes the following petty cash funds:
Finance Department
Social Services
Police Department
Sheriff's Department
Fire and Rescue
Commonwealth's Attorney
Parks & Recreation
$ 3,350.00
200.00
1,800.00
100.00
150.00
300.00
100.00
Total
$ 6,000.00
****************
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct
copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County,
Virginia, by a vote of five to zero, as recorded below, at a regular meeting held on July 6.
2005.
Mr. Bowerman
Mr. Boyd
Mr. Dorrier
Mr. Rooker
Ms. Thomas
Mr. Wyant
Aye Nay
y
y
Absent
y
y
y
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Revisions to Personnel Policies
AGENDA DATE:
July 6, 2005
ACTION:
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Requesting approval of revision to Personnel Policy
P-02 concerning Employee Status
CONSENT AGENDA:
ACTION: X
INFORMATION:
STAFF CONTACT(S):
Tucker, White, Davis, Trank, Suyes, Roberman
LEGAL REVIEW: Yes
REVIEWED BY:
(
ATTACHMENTS: Yes
BACKGROUND:
The Human Resources Department, assisted by the County Attorney's Office, has been reviewing the County's
Personnel Policy Manual in order to update existing policies in a number of areas. At this point, staff is proposing
revisions to the following specific policy: Definition of Employee Status (P-02).
STRATEGIC PLAN:
4.1 Provide effective, responsive and courteous service to our customers.
DISCUSSION:
The definition of full-time employment has been revised to reflect a change to certain full-time employees in the
Department of Social Services. As a result of cuts in federal funding, a number of employees in the Bright Stars and
Family Support Programs were affected. In order to avoid eliminating any positions, the Department, assisted by Human
Resources, is proposing to allow these employees to work less than 40 hours per week and still be considered full-time.
This change requires amending the definition of full-time employment in the policy to allow for that flexibility.
In addition, the proposed changes also outline the hours per day that local government employees work based on the
type of position. The hours of work for certain fire-rescue employees has been revised to reflect changes in that
department. When Fire-Rescue changed staffing in the field to reflect that a minimum of three (3) personnel would be
on duty Monday through Friday, it caused a change in the schedule for these employees from a 50 hour week to a 48
(2600/year to 2496/year). This change occurred after Fire-Rescue was approved for the additional positions required
to make the change.
BUDGET IMPACT:
Restructuring the DSS positions from a 40-hour week to 37.5 hours will save approximately $42,000 to help offset the
projected FY06 shortfall in the Family Support Program.
RECOMMENDATIONS:
Staff recommends adoption of the attached Resolution, which will approve the proposed changes to personnel policy P-02.
ATTACHMENTS
Attachment A - Resolution to adopt Personnel Policy P-02 amendment
05.076
Attachment A
RESOLUTION
WHEREAS, the County of Albemarle Personnel Policy Manual has been adopted by the
Board of Supervisors; and
WHEREAS, the Board finds that an amendment to Personnel Policy P-02 is necessary to
clarify the definitions of employee status;
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle
County, Virginia, hereby amends the following section of the County of Albemarle Personnel Policy
Manual:
By Amending:
Section P-02 Definition of Employee Status
Section P-02
DEFINITION OF EMPLOYEE STATUS
The Board will maintain standard definitions of employment and will classify employees in
accordance with these definitions. To aid in continuity and ease of reading, masculine pronoun will
be used throughout our policies to denote both male and female employees.
Procedure for Compliance - Definition of Employee Status
A. Classified Employees - A classified employee is defined as any County employee. All County
employees are employees at-will and may be dismissed from employment at any time, for any
reason, or for no reason. Regular full-time or part-time employees who have completed all
probationary periods, and are eligible to grieve, may grieve such actions according to the
grievance procedures set forth in Section P-03 of this Policy Manual.
B. Definitions of Employment
1. Regular- Employment in an approved budgeted full-time or part-time position that is meant
to be part of the regular County work force. The term "permanent" shall have the same
meaning as "regular" as these terms are used throughout this Policy Manual.
a. Full-Time: Employment in an established position scheduled for not less than 40
hours per normal workweek (Saturday at 12:01 a.m. to Friday at midnight)* and 52
weeks per fiscal year. After review bv Human Resources and aDDroval bv the
Countv Executive. some Dositions mav be scheduled for less than 40 hours Der
workweek and still be desianated "Full-Time."
b. Part-Time: Employment in an established position requiring scheduled for less than
40 hours per normal workweek and not otherwise desianated Der subsection (a)
a.b.ŒLe.
c. Probationary: The first six (6) months (12 months for certain positions) of
employment with the County are considered a probationary period. This time is used
by both the employee and the County to determine whether the position and the
employee are suited for each other. An employee's progress will be eyaluated
throughout the probationary period, as required by Section P-23 of this Policy
Manual.
1
Attachment A
2. Salaried Board Members: Members of the Board of Supervisors and Planning Commission
are paid an annual salary as established by county ordinance and state law.
3. Temporary: Employment that meets one or more of the following criteria:
a. Employment in a position established for a specific period of time.
b. Employment for the duration of a specific project or group of assignments.
c. Employment as a temporary in the absence of the incumbent in a position classified as
full-time or part-time, as defined in Section B.1 above. This shall not include regular
employees who are serving in another position on a temporary basis (see P-60).
*NOTE: Schedules other than those noted may be established by Department Heads provided
that the alternate schedules are in writing and provided to the employees and to the Department
of Human Resources.
C. Extent of Participation in and Eligibility for Benefits
1. Full-Time Regular: Eligible to participate in all benefit programs.
2. Part-Time Regular: Must be at least half-time (4.0 hours per day) to be eligible to participate
in prorated medical benefits, leave benefits, and applicable retirement and life insurance
programs. County employees hired prior to the implementation of this policy (Le. October,
1985) and who received benefits, will not lose such benefits.
3. Temporary: Ineligible to participate in benefit§ programs.
4. Salaried Board Member: Eligible to participate in all medical and dental insurance
programs.
In order for a new employee to be paid by the end of the month in which they are hired,
paperwork must be received in the Department of Human Resources by the 15th of the month. If
the 15th falls on a weekend, paperwork must be received the workday prior to the 15th.
New employees are eligible for medical/dental insurance coverage the first of the month
following the month in which they are hired. Employees are not required to pay the employee
premium for that month. Employees may elect for insurance coverage to begin earlier, but not
prior to the date of hire. In such cases, the employee will be responsible for the full cost of the
premium (Board and employee portions), prorated based on a 30-day month. Non-benefits-
eligible employees who subsequently become eligible and employees who previously declined
coverage and subsequently elect coverage will be treated the same as new employees
regarding coverage start date and premium payments. Medical/dental premiums are paid in
advance of the month of coverage.
Except as provided under COBRA or other applicable law, medical/dental insurance coverage
may continue through the end of the month following the month of termination provided all
employee premiums are paid. Otherwise, coverage will cease at the end of the month of
termination.
Employees who are married to another County employee will be eligible for two Board
contributions toward medical/dental insurance. It is the responsibility of the employee to notify
the Department of Human Resources of this situation and, upon notification, the change in
2
Attachment A
contribution will be made with the next payroll. In no event will the County be responsible for
retroactive payments to employees who fail to provide this notification.
D. Continuous Service is defined as: Uninterrupted employment while a regular employee with the
County of Albemarle. Continuous service is broken by termination of or resignation from
employment, voluntary or involuntary.
E. Throughout the policies, the word "Day" shall be defined as: the number of hours an employee
is identified on the Employee Personnel System as working. It is not necessarily the number of
hours the employee actually works per day. It is calculated by taking the number of hours the
employee works per year, and dividing it by 260 (the number of days per year in the system).
Full Time Classified (other than those noted 2080 hrs/year a day = 8 hours
below) ~ ~
desianated in desianated in
subsection subsection
B(1)(a) above) B(1)(a) above)
Police Patrol 2071 hrs/year a day = 8.1 hours
Fire & Rescue Day Personnel ~ 2.49.6 a day = 4G .9Ji
hrs/year hours
Fire & Rescue 24-hr Personnel 2912 hrs/year a day = 11.2 hour~
Part Time Classified Prorated based Prorated
on hrs worked
Amended: August 7,1996; June 2, 2004; July 7,2004; July 6,2005
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 _ on
,2005.
Clerk, Board of County Supervisors
Aye Nay
Mr. Bowerman
Mr. Boyd
Mr. Dorrier
Mr. Rooker
Ms. Thomas
Mr. Wyant
3
RESOLUTION
WHEREAS, the County of Albemarle Personnel Policy Manual has been adopted by the
Board of Supervisors; and
WHEREAS, the Board finds that an amendment to Personnel Policy P-02 is necessary
to clarify the definitions of employee status;
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle
County, Virginia, hereby amends the following section of the County of Albemarle Personnel
Policy Manual:
By Amending:
Section P-02 Definition of Employee Status
Section P-02
DEFINITION OF EMPLOYEE STATUS
The Board will maintain standard definitions of employment and will classify employees
in accordance with these definitions. To aid in continuity and ease of reading, masculine
pronoun will be used throughout our policies to denote both male and female employees.
Procedure for Compliance - Definition of Employee Status
A. Classified Employees - A classified employee is defined as any County employee. All
County employees are employees at-will and may be dismissed from employment at any
time, for any reason, or for no reason. Regular full-time or part-time employees who have
completed all probationary periods, and are eligible to grieve, may grieve such actions
according to the grievance procedures set forth in Section P-03 of this Policy Manual.
B. Definitions of Employment
1. Regular - Employment in an approved budgeted full-time or part-time position that is
meant to be part of the regular County work force. The term "permanent" shall have the
same meaning as "regular" as these terms are used throughout this Policy Manual.
a. Full-Time: Employment in an established position scheduled for not less than 40
hours per normal workweek (Saturday at 12:01 a.m. to Friday at midnight)* and
52 weeks per fiscal year. Upon prior recommendation by Human Resources and
approval by the County Executive, some positions may work less than 40 hours
per workweek and still be designated "Full-Time."
b. Part-Time: Employment in an established position scheduled for less than 40
hours or other full-time schedule per subsection (a) above per normal workweek.
c. Probationary: The first six (6) months (12 months for certain positions) of
employment with the County are a probationary period. This time is used by both
the employee and the County to determine whether the position and the
employee are suited for each other. An employee's progress will be evaluated
throughout the probationary period, as required by Section P-23 of this Policy
Manual.
2. Salaried Board Members: Members of the Board of Supervisors and Planning
Commission are paid an annual salary as established by county ordinance and state
law.
3. Temporary: Employment that meets one or more of the following criteria:
a. Employment in a position established for a specific period of time.
b. Employment for the duration of a specific project or group of assignments.
c. Employment as a temporary in the absence of the incumbent in a position classified
as full-time or part-time, as defined in Section B.1 above. This shall not include
regular employees who are serving in another position on a temporary basis (see P-
60).
*NOTE: Schedules other than those noted may be established by Department Heads provided
that the alternate schedules are in writing and proYided to the employees and to the Department
of Human Resources.
C. Extent of Participation in and Eligibility for Benefits
1. Full-Time Regular: Eligible to participate in all benefit programs.
2. Part-Time Regular: Must be at least half-time (4.0 hours per day) to be eligible to
participate in prorated medical benefits, leaye benefits, and applicable retirement and life
insurance programs. County employees hired prior to the implementation of this policy
(Le. October, 1985) and who receiyed benefits, will not lose such benefits.
3. Temporary: Ineligible to participate in benefits programs.
4. Salaried Board Member: Eligible to participate in all medical and dental insurance
programs.
In order for a new employee to be paid by the end of the month in which they are hired,
paperwork must be received in the Department of Human Resources by the 15th of the
month. If the 15th falls on a weekend, paperwork must be received the workday prior to the
15th.
New employees are eligible for medical/dental insurance coverage the first of the month
following the month in which they are hired. Employees are not required to pay the
employee premium for that month. Employees may elect for insurance coverage to begin
earlier, but not prior to the date of hire. In such cases, the employee will be responsible for
the full cost of the premium (Board and employee portions), prorated based on a 3D-day
month. Non-benefits-eligible employees who subsequently become eligible and employees
who previously declined coverage and subsequently elect coyerage will be treated the same
as new employees regarding coverage start date and premium payments. Medical/dental
premiums are paid in advance of the month of coverage.
Except as provided under COBRA or other applicable law, medical/dental insurance
coverage may continue through the end of the month following the month of termination
provided all employee premiums are paid. Otherwise, coverage will cease at the end of the
month of termination.
Employees who are married to another County employee will be eligible for two Board
contributions toward medical/dental insurance. It is the responsibility of the employee to
notify the Department of Human Resources of this situation and, upon notification, the
change in contribution will be made with the next payroll. In no event will the County be
responsible for retroactive payments to employees who fail to provide this notification.
D. Continuous Service is defined as: Uninterrupted employment while a regular employee with
the County of Albemarle. Continuous service is broken by termination of or resignation from
employment, yoluntary or inyoluntary.
E. Throughout the policies, the word "Day" shall be defined as: the number of hours an
employee is identified on the Employee Personnel System as working. It is not necessarily
the number of hours the employee actually works per day. It is calculated by taking the
number of hours the employee works per year, and dividing it by 260 (the number of days
per year in the system).
Full Time
Classified (designated in subsection
B(1 )(a) above)
2080 hrs/year
Part Time
Police Patrol
Fire & Rescue Day Personnel
Fire & Rescue 24-hr Personnel
Classified
2071 hrs/year
2496 hrs/year
2912 hrs/year
Prorated based
on hrs worked
Amended: August 7, 1996; June 2, 2004, July 7,2004, July 6,2005
a day = 8 hours
(or as designated
in subsection
B(1 )(a) above)
a day = 8.1 hours
a day = 9.6 hours
a day = 11.2 hours
Prorated
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a
Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of
five to zero, as recorded below, at a regular meeting held on July 6, 2005.
Mr. Bowerman
Mr. Boyd
Mr. Dorrier
Mr. Rooker
Ms. Thomas
Mr. Wyant
Aye Nay
y
y
Absent
y
y
y
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Alberene Road (Route 719) Child At Play Sign
Request
AGENDA DATE:
July 6, 2005
ACTION:
INFORMATION:
SU BJ ECT/PROPOSALlREQU EST:
Approval of Child At Play Sign Request for residents
of Alberene Road
CONSENT AGENDA:
ACTION: X
INFORMATION:
STAFF CONTACT(S):
Messrs. Tucker, Foley, Davis, Cilimberg, Benish,
Wade
ATTACHMENTS: Yes
REVIEWED BY:
~
I
LEGAL REVIEW: Yes
BACKGROUND:
The residents of Alberene Road (Route 719) have submitted a petition requesting the installation of "Child At Play" signs
(Attachment A). There are approximately 30 homes in the vicinity of the intersection of Route 719 and Route 717, with 20-
25 children residing in this area. The signs would be placed along an approximate 2,400 foot section of Route 719, from its
intersection with Secretary's Sand Road (Route 717) northward to just past a hill and curve in the road. VDOT requires a
resolution of support from the Board of Supervisors to install Child At Play signs.
STRATEGIC PLAN:
3.1 Make the County a Safe and Healthy Community in which citizens feel secure to live, work and play.
DISCUSSION: The County has developed criteria for reviewing a Child At Play sign request. The criteria and staff
comments are provided below.
1. "Child At Play" siqns shall only be considered on secondary roads.
Alberene Road is in the Secondary Road System (Route 719).
2. The request must come from a Homeowner's Association where applicable.
A petition from the residents of Alberene Road is attached (Attachment A).
3. There must be child activity attraction nearby for the siqn to be considered.
There is a concentration of approximately 30 homes at the intersection of Alberene Road (Rt. 719) and Secretary's
Sand Road (Rt. 717). There are no established central child activity attractions in the area, however, due to the
absence of sidewalks, children that live on this road often walk and/or ride their bicycles in the street to visit and play at
other homes along the road. According to the petition, 20-25 children live on this road. Staff believes that Child At
Play signs will give the necessary notice to drivers that children are potentially playing or walking in the roadway.
4. The installation of the siqn shall not conflict with any existinq traffic control devices. The proposed location of the signs
will not conflict with any existing traffic control devices.
This request meets 3 of the 4 criteria. There are no central child activity attraction areas along the road (criteria 3).
However, given the number of children in the neighborhood and the lack of walkways, it is staff's opinion that this
request for a "Child At Play" sign has merit.
AGENDA TITLE: Alberene Road (Route 719) Child At Play Sign Request
AGENDA DATE: July 6, 2005
Page 2 of 2
BUDGET IMPACT:
The cost to install a Child At Play sign is approximately $125, which will be funded with the County Secondary Road
maintenance funds.
RECOMMENDATIONS:
Staff recommends the Board of Supervisors adopt the attached (Attachment B) resolution supporting the installation of
"Child At Play" signs on Alberene Road.
ATTACHMENTS
Attachment A - Petition Requestinq Child At Siqn on Alberene Road
Attachment B - Resolution to VDOT Requesting Installation of Child At Play Sign
05.071
,
Page 1 of 1
RECEC\!ED
"'.-0; .
I,,, -{ t ì.GCS
March 16, 2005
Dear Mr. Juan Wade,
c~MMUNny R~~FH4ÞMt=.MT
We the resident's of Alberene RD. (Rt. 719) would like to have signs put up. As there is a
little hill, cars fly threw here, and about 20 to 25 kids are playing & riding bike's, and thier is
no sidewalk for them and to go house to house they have to use the road. Would be very
greatful if we had a few signs put up aroud here. ( Reduce speed children at play).
Corner of sand RD. and Alberene RD. (RT 719) and before the curve in the oposite
di,rectio,n. .~~ ~ ~ .~ ~~~ \~ '''6~ (:~\.. k. (J'(' ~''-
,,---,,~~ ~~,. 1., ~ ~ ~"\..~.. ~ ~.~ ,~
.R..~ ~~. \1.(3'1) ~ '1'} .../,.'- II ~ - . - -~ ~ -&
. Many thanks
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Attachment B
RESOLUTION TO AUTHORIZE
VIRGINIA DEPARTMENT OF TRANSPORTATION
TO INSTALL CHILD AT PLAY SIGN ON
ALBERENE ROAD
WHEREAS, the residents of Alberene Road are concerned about traffic in their neighborhood and the
potential hazard it creates for the numerous children that live and play in the area; and
WHEREAS, there are numerous children that liye and play on Alberene Road and the residents belieye
that a "Child at Play" sign would help alleviate some of the concems.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
supports the community's request for VDOT to install the necessary "Child at Play" signs on Alberene Road
(Route 719).
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 July 6, 2005.
Clerk, Board of County Supervisors
Aye Nay
Mr. Bowerman
Mr. Boyd
Mr. Dorrier
Mr. Rooker
Ms. Thomas
Mr. Wyant
RESOLUTION TO AUTHORIZE
VIRGINIA DEPARTMENT OF TRANSPORTATION
TO INSTALL CHILD AT PLAY SIGN ON
ALBERENE ROAD
WHEREAS, the residents of Alberene Road are concerned about traffic in their
neighborhood and the potential hazard it creates for the numerous children that live and play in
the area; and
WHEREAS, there are numerous children that live and play on Alberene Road and the
residents believe that a "Child at Play" sign would help alleviate some of the concerns.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of
Supervisors hereby supports the community's request for VDOT to install the necessary "Child
at Play" signs on Alberene Road (Route 719).
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a
Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of
five to zero, as recorded below, at a regular meeting held on July 6. 2005.
Mr. Bowerman
Mr. Boyd
Mr. Dorrier
Mr. Rooker
Ms. Thomas
Mr. Wyant
Aye Nay
Y..
Y..
Absent
Y..
y
Y..
COUNTY OF ALBEMARLE
Department of Planning & Community Development
401 McIntire Road, Room 218
Charlottesville, Virginia 22902-4596
(804) 296 - 5823
Fax (804) 972 - 4035
MEMORANDUM
TO:
Board of Supervisors
FROM:
Ches Goodall - ACE Coordinator
DATE:
June 2th, 2005
RE:
Virginia Land Conservation Foundation grant to ACE Program
On June 7, 2005, the Virginia Land Conservation Foundation awarded an $85,433.00
grant to the ACE Program for help in purchasing a conservation easement on the Henry
Page property, a Round 5 applicant from the class of 2003-4. The grant covers 50% of
the easement acquisition cost plus the appraisal cost, title insurance and all recordation
costs. The ACE Program was the only PDR program in Virginia to receive funding from
VLCF.
The 558.900 acre Page property is located approximately 10 miles southwest of
Charlottesville in the Ragged Mountains. It was the highest scoring property (according
to the County's ACE ranking evaluation data) in the 2003-04 applicant pool. By placing
this property under easement, the County will retire 29 theoretical development rights,
protect more than 250 acres of "prime" farmland and 39 acres of mountaintop in the
"ridge area boundary" of Taylor's Mountain. In addition, over 11,000 feet (or 95 acres)
of streamside buffer were recently protected by the state's first conservation easement
under the Conservation Reserve Enhancement Program.
The more significant benefit of this grant award will be to the overall ACE program by
increasing the amount of funds available to purchase additional easements in this
round, or the next round of ACE program. If you have any further questions, please do
not hesitate to contact me.
FOR IMMEDIATE RELEASE
Date: June 8, 2005
Contact: Gary Waugh, PR Manager
(804) 786-5045
.DCR
Virginia Department of Conservation &.Recreation
News Release
Virginia Department of Conservation and Recreation
203 Governor Street, Suite 213
Richmond, VA 23219
Va. Land Conservation Foundation grants awarded
(RICHMOND, Va.) - Helping a family continue farming land they have
owned since the 1600s, protecting two old-growth stands of northern
red oak in Giles County, enlarging a town park, purchasing part of a
Civil War battlefield slated for development, and purchasing a 2,000
acre Eastern Shore island are how a few of the 12 grants approved by
the Virginia Land Conservation Foundation will be used.
The VLCF, a state land conservation board, approved grants totaling
approximately $3 million. VLCF grants are used to acquire and protect
special lands in the following categories: open space and parks,
historic areas, farm and forestry and natural areas. This year, the
foundation received 24 requests totaling more than $6.2 million. The
grants require a minimum of a 50 percent match. These projects
represent more than $12.25 million in public and private money going
to land conservation across the state.
UThis is the first time the foundation has had grant funding available
during the Warner administration," said Joseph Maroon, director of the
Virginia Department of Conservation and Recreation and the
foundation's executive secretary. UThe number and strength of
proposals submitted speaks to the importance placed on land
conservation throughout the Commonwealth." DCR staffs the foundation.
The following list provides the project name, requesting organization
and VLCF funding for the 12 approved grants:
Open Space and Parks
· Cedar Creek Bluff (Shenandoah Valley Battlefields Foundation):
Purchase a conservation easement on 117 acres in newly
established Cedar Creek and Belle Grove Historical Park.
$244,793.50.
· Mount Pleasant Farm (Potomac Conservancy): Purchase of a
conservation easement on a 106-acre property on Cedar Creek in a
rapidly developing area of Shenandoah County. $100,000.
· Fray Tract (Wildlife Foundation): Acquire 550 acres in Madison
County bounded by the Rapidan Wildlife Management Area and
Shenandoah National Park. Will become part of Rapidan WMA and
accessible to the public. $190,500.
· Fairview Park (Town of Woodstock): Purchase 23 acres to expand
the existing park. $250,000.
Historic Preservation
· Fishers Hill (Shenandoah Valley Battlefields Foundation):
Facilitate acquisition of 25 acres of Shenandoah County
battlefield including earthworks. To be accessible to public.
$212,408.50.
· Battle of Brandy Station Park (Brandy Station Foundation):
Acquisition of 19 acres of Culpeper County battlefield slated for
residential development. To be accessible to public. $362,400.
· Riveroak (Trevilian Station Battlefield Foundation): Purchase 938
acres at the Louisa County battlefield. Long ter.m plans to be
open to public. $200,000.
Farmlands and Forestry
· Port Tobacco (Virginia Outdoors Foundation): Placing a
conservation easement on a 1,803-acre Essex County farm owned by
the same family since the 1600s. Home to two endangered species.
$258,000.
· Black Far.ms Property (The Nature Conservancy): Places an easement
on 222 acres of far.mland in Northampton County. $400,000.
· Page Project (Albemarle County): Purchase of development rights
on 559 acres of far.m and forestlands 10 miles southwest of
Charlottesville. $85,433.
Natural Areas Protection
· Marks and Jacks Island (The Nature Conservancy): Purchase the
2,000 ocean-side island in Accomack County on Virginia's Eastern
Shore. Considered a globally significant site. $500,000.
· Gilvary Forest/Chestnut Ridge (The 500 Year Forest): Protect 225
acres of old-growth northern red oak threatened by logging on
Chestnut Ridge in Giles County through purchase of a natural area
preserve deed of dedication and conservation easement. $224,130.
Editor's note: The dollar figures given reflect only the state grant
amount and not the total cost of the project. Contact Gary Waugh at
(804) 786-5045 for more details on the projects receiving grants.
RECEIVED
JUN 2 0 2005
BOARD OF SUPERVISORS
PABLO CUEVAS
Election District NO.1
CHARLES W. AHREND
Election District No_ 2
County of Albemarle
County Executive's Office
DEE E. FLOYD
Bection District NO.3
WILLIAM B. KYGER, JR.
Election District NO.4
ROCKING HAM COUNTY
MICHAEL A. BREEDEN
Election District No.5
JOSEPH S. PAXTON
County Administrator
June 13, 2005
To Virginia Counties
At a recent meeting, the Board of Supervisors adopted
the enclosed resolution and asked that a copy be sent to
each county in the Commonwealth, the City of Harrisonburg
and the seven towns located within the geographic
boundaries of Rockingham County as well as our local
delegation in and candidates for state-wide office and the
General Assembly.
The issues outlined in the resolution are ones which
will affect all of us as we attempt to provide services to
the citizens with an ever-increasing number of state and
federal mandates balanced against limited resources.
We urge you to take whatever steps you can to help
local governments retain sole control over the decisions
which determine equity of local taxing policy.
Very truly yours,
~~s~~
Chairman
PC/db
Enclosure
Itrhm/taxingresolutionOS-171trtocounties.doc
POST OFFICE BOX 1252, HARRISON BURG, VIRGINIA 22803
TELEPHONE (540) 564-3012 · FAX (540) 564-3017
Website: www.co.rockingham.va.us
BOARD OF SUPERVISORS
PABLO CUEVAS
Election District NO.1
CHARLES W. AHREND
Election District No.2
DEE E. FLOYD
Election District No, 3
WILLIAM B. KYGER, JR.
Election District No.4
ROCKING HAM COUNTY
MICHAEL A. BREEDEN
Election District No.5
JOSEPH S. PAXTON
County Ad~inistrator
RESOLUTION NUMBER 05-17,
LOCAL REAL PROPERTY TAXING AUTHORITY
WHEREAS, in 1926, then Governor Byrd exchanged the Commonwealth's right to impose a real estate tax for
local government's agreement to give up the right to impose an income tax; and,
WHEREAS, the real estate tax is the primary source of local income, at an average of 48% of all local revenues
collected statewide; and,
WHEREAS, as the principal source of income for local government, localities rely heavily on this source of
income to meet federal and state mandates for services, especially education and public safety; and,
WHEREAS, two of the candidates in the 2005 election for Governor of the Commonwealth (former Attorney
General Jerry Kilgore and Lt. Governor Tim Kaine) have stated as a high priority for their respective campaigns
the imposition of an assessment or other limitations on the residential component of the real estate tax, which
would severely restrict localities and would constitute a breach of trust from the agreement reached in 1926;
and,
WHEREAS, the proposal from either candidate would weaken budget discipline, since support for services
would not necessarily be linked to the responsibility to pay for them, and could potentially force a greater
dependence on taxation of the business sector to support local services, thereby harming economic development
in the Commonwealth; and,
WHEREAS, in 1997, in the campaign for Governor, then candidate James Gilmore used as the cornerstone for
his campaign, the repeal of the personal property tax on non-business use motor vehicles, which is credited with
his winning the office; and,
WHEREAS, the cost to the citizens was greatly underestimated, which has since led the General Assembly to
place a cap on the state's commitment to make its payments to localities under this plan;
NOW, THEREFORE BE IT RESOLVED that the Rockingham County Board of Supervisors calls upon these
two gubernatorial candidates, and upon all candidates for state and federal office, to refrain from establishing
local tax policy at the state or federal level, due to the potential negative impact such action may have on the
ability oflocal government to deliver local services; and,
FURTHER, should a candidate or legislator desire to impact tax policy as it relates to the real estate or other
local tax, that the candidate or legislator use as the tool to address such policy tax credits or deductions to state
or federal income taxes in lieu of enacting limitations on local taxing authority; and,
FURTHER, that it is imperative for local government to retain sole control over the decisions which determine
equity ofloca1 taxation policy, if governing bodies are to effectively address local service needs.
00000000000
I hereby certify that the foregoing is an excerpt from the minutes of a meeting of the Board of
Supervisors of Rockingham County, Virginia, held on June 8, 2005.
Œven und" my hand th;'¡4th'" d,y oflun" 2005. .. ~
c::n-vb¿~ ~ ~
Dottie L. Bowen. Dep v Clerk
~
BOARD OF SUPERVISORS
PABLO CUEVAS
Election District No 1
CHARLES W. AHREND
Election District NO.2
DEE E. FLOYD
Election District NO.3
WILLIAM B. KYGER, JR.
Election District No_ 4
ROCKING HAM COUNTY
MICHAEL A. BREEDEN
Election District No.5
JOSEPH S. PAXTON
County Administrator
RESOLUTION NUMBER 05-17,
LOCAL REAL PROPERTY TAXING AUTHORITY
WHEREAS, in 1926, then Governor Byrd exchanged the Commonwealth's right to impose a real estate tax for
local government's agreement to give up the right to impose an income tax; and,
WHEREAS, the real estate tax is the primary source of local income, at an average of 48% of all local revenues
collected statewide; and,
WHEREAS, as the principal source of income for local government, localities rely heavily on this source of
income to meet federal and state mandates for services, especially education and public safety; and,
WHEREAS, two of the candidates in the 2005 election for Governor of the Commonwealth (former Attorney
General Jerry Kilgore and Lt. Governor Tim Kaine) have stated as a high priority for their respective campaigns
the imposition of an assessment or other limitations on the residential component of the real estate tax, which
would severely restrict localities and would constitute a breach of trust from the agreement reached in 1926;
and,
WHEREAS, the proposal from either candidate would weaken budget discipline, since support for services
would not necessarily be linked to the responsibility to pay for them, and could potentially force a greater
dependence on taxation of the business sector to support local services, thereby harming economic development
in the Commonwealth; and,
WHEREAS, in 1997, in the campaign for Governor, then candidate James Gilmore used as the cornerstone for
his campaign, the repeal of the personal property tax on non-business use motor vehicles, which is credited with
his winning the office; and,
WHEREAS, the cost to the citizens was greatly underestimated, which has since led the General Assembly to
place a cap on the state's commitment to make its payments to localities under this plan;
NOW, THEREFORE BE IT RESOLVED that the Rockingham County Board of Supervisors calls upon these
two gubernatorial candidates, and upon all candidates for state and federal office, to refrain from establishing
local tax policy at the state or federal level, due to the potential negative impact such action may have on the
ability oflocal government to deliver local services; and,
FURTHER, should a candidate or legislator desire to impact tax policy as it relates to the real estate or other
local tax, that the candidate or legislator use as the tool to address such policy tax credits or deductions to state
or federal income taxes in lieu of enacting limitations on local taxing authority; and,
FURTHER, that it is imperative for local government to retain sole control over the decisions which determine
equity of local taxation policy, if governing bodies are to effectively address local service needs.
00000000000
I hereby certify that the foregoing is an excerpt from the minutes of a meeting of the Board of
Supervisors of Rockingham County, Virginia, held on June 8, 2005.
Given under my hand this l4thth day of June, 2005.
Note: This resolution was excerpted from Minutes that have not yet been approved by the Board of Supervisors.
Memo
To: Board of Supervisors
From: Melvin Breeden, Director of Management and Budget
Date: 7/6/2005
Re: Homeland Security Grants
At the June 1 Board of Supervisors meeting, the Board requested an accounting of the grants that Albemarle
County has received for homeland security. The attached schedule provides the title of the grant, the granting
agency, the grant amount, and a brief description of the grant. In total, the County has received $4,284,476 in
grant funding for homeland security.
Attachment
Grant Revenues to Albemarle County for Domestic Preparedness
Grant Agency
Domestic Prep Equip Program grants US Dept of Justice
for 1999,2000, 2001,2002
Criticallnfrasturcture Protection
Program
DHS-ODP Equipment Grant 2003 pt1
US Dept of Homeland
Security Office of Domestic
Preparedness thru Virginia
Dept of Emergency
Management
US Dept of Homeland
Security thru Virginia Dept of
Emergency Management
DHS-ODP Equipment Grant 2003 pt2 US Dept of Homeland
Security thru Virginia Dept of
Emergency Management
DHS-EPRD Model Project of
Regionally Interoperable
Communications Systems
State Homeland Security Grant
Program 2004
State Homeland Sec Gt Pgm 2005
Firefighters Physical Fitness Grant
US Dept of Homeland,
Emergency Preparedness
and Response Directorate to
the City of Charlottesville
US Dept of Homeland
Security thru Virginia Dept of
Emergency Management
US Dept of Homeland
Security thru Virginia Dept of
Emergency Management
US Dept of Homeland Securit)
Amount
63,579.00
Comments
Coopertive grant between AC Police & Fire-Rescue from '99,
2000, '01 & '02 pass through funds from DOJ for domestic
prepared equipment. Amount shown is the combined $63,579
from the 4 grants. Used primarily to buy gas masks, self-
contained breathing apparatus (SCBAs), and some fire truck
equipment
These funds were awarded as a reimbursement to the Rivanna
Service Authority for their cost for having off-duty Police Officers
patrolling the County's reservoirs during a designated period of
"heightened alertness" from 3/17/03 to 4/16/03.
3,136.00
72,963.00
The purpose of these funds was to assist the Police and
Fire/Rescue in purchasing equipment related to domestic
preparedness. The funding was split 50/50 between the two
departments. Equipment approved by the Department of
Emergency Management includes self-contained breathing
apparatus (SCBA's), tactical vests, night vision equipment,
surveillance and monitoring equipment and cardiac defibrillation
equipment.
This grant provided funding for the Police Department and
Fire/Rescue to purchase equipment and training related to
domestic preparedness. The funding was split 50/50 between
the two departments. Training will use approximately 5% while
the bulk will be used for equipment. Examples of equipment
approved by the Department of Emergency Management
include more self-contained breathing apparatus (SCBA's),
tactical equipment, night vision equipment, digital cameras,
surveillance and monitoring equipment, and search and rescue
equipment.
This is a regional grant involving City, County and University
received and administered by the City. The grant is for $7M with
$1 M for the regional mobile data system, $4.5M for the regional
800 MHz trunk radio system, and $1.5M for other smaller
projects contribuiting to interoperable communications. The fully
developed system will serve as a national model.
224,335.00
3,250,000.00
280,754.00 This grant is to assist in the preparation of response to incidents
involving mass destruction weapons. These funds are split
50/50 between Fire-Rescue and the Police Department. The
equipment purchased under these grants must come from the
commodity areas targeted by the Federal government. Funds
being used for mobile data computers, video cameras,
emergency response training and equipment.
88,370.00 2005 DHS-ODP grant. Similar to 2004 SHSG Program, funds
must be used to purchase locally needed materials, training and
services in support of State Plan for homeland security. Project
funds split 50/50 between Police and Fire/Rescue
301,339.00 The Department of Homeland Security awarded the Albemarle
County Department of Fire and Rescue a 2004 Office of
Domestic Preparedness federal grant in the amount of
$301,339.00. The grant is offered through the Assistance to
Firefighters Grant (AFG) Program and requires a local match of
$129,145.00, for a total program cost of $430,484.00
The purpose of the AFG Program is to award one-year grants
directly to fire departments to enhance their abilities with respect
to fire and fire-related hazards. The grant will allow the
implementation of a continuing proactive wellness and fitness
program for the department's volunteer and career personnel.
This program will be mandatory for all career personnel. It will be
optional. but strongly promoted and encouraged, for volunteer
personnel. The grant and local match will enable the placement
of fitness and exercise equipment at all fire rescue stations,
including the administrative headquarters. The program will also
provide annual nutrition, diet, back care, abdominal health, injury
prevention, and stress management education for career and
volunteer personnel at each station.
4,284,476.00
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
Fax (434) 972-4126
June 3, 2005
Brian S. Ray
Roger W. Ray and Assoc., Inc.
1717-1B Allied Street
Charlottesville, VA 22903
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 16, Parcels 7,10, 10A1, 10A3 & 11 and Tax Map 28, Parcels 23D & 23H
(Property of Chapel Spring Farms Holdings, LLC) Section 10.3.1
Dear Mr. Ray:
The County Attorney and I have reviewed the title information for the above-noted
property. It is the County Attorney's advisory opinion and my official determination that
Tax Map 16, Parcel 7 has two (2) theoretical development rights within the 73.71 acre
portion of the parcel.
Tax Map 16, Parcel 1 0 has five (5) development rights.
Tax Map 16, Parcel 1 OA 1 has five (5) development rights.
Tax Map 16, Parcel 1 OA3 has one (1) development right.
Tax Map 16, Parcel 11 is comprised of six separate parcels identified as Items I - VI on
the attached key.
Item I, containing 3.75 acres, has one (1) development right.
Item II, containing 1 acre, has one (1) development right.
Item II, containing 2.75 acres, has one (1) development right.
Item IV, containing 32.5 acres, has five (5) development rights.
Item V, containing 3.25 acres, has one (1) development right.
Item VI, containing 2 acres, has one (1) development right.
1:\OEPT\BCZS\Oetermin of Parcel\2005\16-7 etal & 28-230 + H Chapel Spring.doc
Brian S. Ray
June 3, 2005
Page 2
Tax Map 28, Parcel 23D has five (5) development rights.
Tax Map 28, Parcel 23H has five (5) development rights.
The basis for this determination follows.
Tax Map 16. Parcel 7
Our records indicate Tax Map 16, Parcel 7 contains 187.45 acres and no dwellings. The
property is not in an Agricultural Forestal District. The most recent recorded instrument
for this property is recorded in Deed Book 1976, page 667.
This analysis begins with Deed Book 393, page 564, dated November 29, 1963. This
deed conveyed to James F. Lewis, Jr. five tracts described as containing 254 acres of
record in D.B.123, p. 103; 117 acres of record in W.B. 32, p. 493; 35 acres of record in
D.B. 127, p. 323; 40 acres of record in D.B. 238, p. 70 & D.B. 127, p. 325 and 0.5 acres
of record in D.B. 212, p. 231, for a total of 446.5 acres. This deed established these
five tracts as separate parcels of record. The northeast portion of Parcel 7
contains the eastern portion of the 254.5 acre tract.
Deed Book 419, page 153, dated November 29, 1963, contains a Declaration of
Ownership of the lands of James F. Lewis, Jr. Among these holdings is Tract #4
described as containing 446.5 acres. It is shown as Parcel S shown on a plat by Blue
and Finley, Engineers and Surveyors dated June 28, 1966 and recorded with the deed
of record in Deed Book 393, page 564. It is determined that this deed and composite
plat did not extinguish the separate identities of the parcels described in Deed
Book 393, page 564. For the purpose of this determination this deed established
the 446.5-acre tract as a parcel of record. with five (5) development rights.
The most recent deed for the northeastern portion of this parcel recorded prior to the
adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 644,
page 583 and is dated April 14, 1978. This deed conveyed 24.658 acres from James F.
Lewis, Jr. and Rosemary R. Lewis to Malvern R. Whitaker and Evelyn M. Whitaker. The
parcel is shown on a plat by R. O. Snow, dated March 20, 1978. The land is further
described as being a portion of Tract "one" acquired by James F. Lewis, Jr. by the deed
of record in Deed Book 393, page 564. (This deed actually identifies the 446.5-acre
tract as Tract No.4) This property is now designated as Parcel 6B and 6B1 on Tax Map
16. Based on this deed, the residue of the 446.5-acre tract, containing an
estimated 421.8 acres, is determined to be a parcel of record with five (5)
development rights.
The most recent deed for the southwestern portion of this parcel recorded prior to the
adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 462,
page 612 and is dated August 19,1969. This deed conveyed 208.43 acres from the
1:\OEPT\BCZS\Oetermin of Parcel\2005\16-7 etal & 28-230 + H Chapel Spring.doc
Brian S. Ray
June 3, 2005
Page 3
Heirs of William F. Via to James F. Lewis, Jr. The land was described as being all of the
two tracts; 127.4 acres acquired by the deed of record in Deed Book 79, page 463 and
88 acres of record in Deed Book 156, page 308. The property is shown on a plat by
Thomas D. Blue dated July 31, 1969 that is attached to the deed. Based on this deed,
this 208.43-acre parcel is determined to be two parcels of record; one containing
127.4 acres and the other containing 88 acres. Each of these parcels has five (5)
theoretical development rights. The eastern portion of the 127.4-acre tract is now
a part of Parcel 7. The 88-acre tract is not a subject of this determination.
Deed Book 738, page 185, dated April 28, 1982 conveyed two tracts from Trustees to
James F. Lewis, Jr. Tract 1 is identified as being Tax Map 16, Parcel 6 containing
421.222 acres, a portion of the 446.5-acre parcel designated as Parcel S on the plat of
record in Deed Book 419, page 161. Tract 2 is identified as Tax Map 16, Parcel 7
containing 208.430 acres shown on the plat of record in Deed Book 462, page 616.
This transaction had no effect on the legal status or development rights of Tax
Map 16, Parcel 7 or Parcel 6.
Deed Book 754, page 374, dated December 23, 1982 conveyed certain tracts of land
that contain 642.45 acres in the aggregate from Page J. McGee to Jerry P. Kerr, James
F. Lewis, III, Jr. and Frank M. Appleby, Trustee to Page J. McGee. Tract 1 is described
as being identified Tax Map 16, Parcel 6 containing 434.02 acres in the aggregate,
shown as a tract containing 430.31 acres and Parcel X containing 3.71 acres on the plat
by RO. Snow and RW. Ray dated December 22,1982. Tract 2 is identified as Tax Map
16, Parcel 7 containing 208.43 acres shown on the plat by Thomas D. Blue recorded in
Deed Book 462, page 616. The discrepancy in acreage is explained by the fact that the
Blue & Finley plat was a composite survey with no field work while the Snow & Ray plat
shows metes and bounds obtained in the field. This transaction had no effect on the
legal status or development rights of Tax Map 16, Parcel 7 or Parcel 6.
Deed Book 759, page 588, dated January 26, 1983 conveyed 222.89 acres from Page
J. McGee and William L. McGee, Jr. to Joseph M. Casero and Karina G. Casero. The
property is designated as Tract A on a plat by RO. Snow and RW. Ray dated January
10, 1983. Tract A is composed of 73.71 acres, a portion of the 208.43 acre parcel and a
149.18-acre portion of the residue of the 254.5-acre parcel, both described above. The
plat assigned two development rights to each of these parcels. As a result of this
transaction Tract A, containing 222.89 acres contained four development rights.
Two development rights are within the 73.71-acre portion of Old Parcel 7 and two
development rights are within the eastern portion of Old Parcel 6. Note that three
development rights remained within the residue of the 127.4-acre parcel described in
Deed Book 462, page 612, a portion of Parcel 6. Three additional development rights
remained within the residue of the 254.5 acre described in Deed Book 393, page 564.
Parcel 6 is not a subject of this determination.
1:\DEPT\BClS\Determin of Parcel\2005\16-7 etal & 28-23D + H Chapel Spring.doc
Brian S. Ray
June 3, 2005
Page 4
Deed Book 949, page 320, dated July 10, 1987 conveyed 34.878 acres from Joseph M.
Casero and Karina G. Casero to Allen F. Voshell and Martha Lee Voshell. The property
is designated as Tract A1 on a plat Kirk Hughes dated July 8,1987. The parcel was
divided from the 149.18-acre tract described above. The plat assigned two development
rights to the 34.878-acre parcel. These development rights were derived from the
149.18-acre tract. As a result of this transaction, Map 16, Parcel 7 contained
188.012 acres and two (2) development rights within the 73.71-acre portion of Old
Parcel 7. The 114.302-acre residue derived from the eastern portion of the original
254.5-acre parcel has zero development rights.
Deed Book 973, page 188, dated December 14,1987 conveyed 188.012 acres from
Joseph M. Casero and Karina G. Casero to Harry A. Wellons, Jr. and Florence L.
Wellons. The deed references Deed Book 949, page 320 and Deed Book 759, page
588 for a description of the parcel. This transaction had no effect on the legal status
or development rights of Tax Map 16, Parcel 7.
Deed Book 1018, page 440, dated September 30, 1988 conveyed 188.012 acres from
Harry A. Wellons, Jr. and Florence L. Wellons to Arthur A. Watson, Jr. and Rachel L.
Galbraith. The parcel is described as being the same as that conveyed by Deed Book
973, page 188. This transaction had no effect on the legal status or development
rights of Tax Map 16, Parcel 7.
Deed Book 1976, page 662, dated December 14, 2000 conveyed several tracts from
Arthur A. Watson, Jr. and Rachel L. Galbraith to Burning Daylight Farms, Inc. Among
these tracts was Parcel Six, containing 188.012 acres described as being the same
property conveyed by the deed of record in Deed Book 1018, page 440. This
transaction had no effect on the legal status or development rights of Tax Map 16,
Parcel 7.
Deed Book 1976, page 667, dated December 14, 2000 conveyed several tracts from
Burning Daylight Farms, Inc. to Chapel Spring Farms Holdings, LLC. Among these
tracts was Parcel Six, containing the 188.012 acres described and shown on a plat
Gloeckner Engineering and Surveying dated revised on December 13, 2000. This
transaction had no effect on the legal status or development rights of Tax Map 16,
Parcel 7.
Tax Map 16, Parcel 1 0
Our records indicate Tax Map 16, Parcel 1 0 contains 87.330 acres and no dwellings.
The property is not in an Agricultural Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 1976, page 667.
The most recent deed for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980 is recorded in Deed Book 438, page 159 and is dated
1:\OEPT\BCZS\Oetermin of Parcel\2005\16-7 etal & 28-230 + H Chapel Spring.doc
Brian S. Ray
June 3, 2005
Page 5
December 20, 1967. This deed conveyed several tracts from John Roger Thompson
and Patricia Shaffer Thompson to Harold E. Van Der Linde. Among these was Tract #1
described as containing 91.5 acres and further described as Lot 2 on a plat recorded in
Deed Book 114, page 267. It is determined that this deed established the 91.S-acre
tract as a parcel of record with five (5) development rights.
Deed Book 569, page 345, dated February 28, 1975, contains a deed of trust. The 91.5
acre tract is included among the encumbered parcels and is shown on a composite plat
by William S. Roudabush, dated January 28, 1971. This transaction had no effect on
the legal status or development rights of Tax Map 16, Parcel 1 O.
Deed Book 738, page 388, dated December 18, 1981, conveyed right of way to the
Commonwealth of Virginia for improvements to Route 671. This transaction had no
effect on the legal status or development rights of Tax Map 16, Parcel 1 O.
Deed Book 865, page 739, dated January 23, 1986, conveyed several parcels of land
totaling an aggregate of 1,314.6 acres by Deed of Gift from Harold E. Van Der Linde to
Elizabeth Van Der Linde. The description of the property references a composite plat by
William S. Roudabush, dated January 28, 1971, attached to a deed of trust recorded in
Deed Book 569, page 345. The 91.5 acres is located on east side of Route 671. It is
described as NO.2 on plat recorded in Deed Book 114, page 267 and the strip of land
dedicated to the Commonwealth for road improvements recorded in Deed Book 738,
page 388 were among the tracts conveyed by this deed. It is determined that the
deed description in Deed Book 865, page 739, the reference to the plat by William
Roudabush and the listing of the separate deed references in this deed preserved
the identity of the 20 separate parent parcels.
Deed Book 939, page 440, dated May 15, 1987 conveyed two tracts containing a total
of 1316.13 acres from Elizabeth Van Der Linde & Harold E. Van Der Linde to Arthur A.
Watson & Rachel L. Galbraith. Among the parcels conveyed by this deed was Tract 2
containing 87.33 acres, shown on the attached plat by Wm. Morris Foster, Surveyor,
dated May 4, 1987; and being the same real property in all respects conveyed to
Elizabeth Van Der Linde by Deed of Gift of Harold E. Van Der Linde, dated January 23,
1986, recorded in the Clerk's Office of the Circuit Court of Albemarle County, in Deed
Book 865, page 739. It is assumed that the conveyance of right of way reduced the
acreage of this parcel from 91.5 acres to 87.33 acres. This transaction had no effect
on the legal status or development rights of Tax Map 16, Parcel 1 O.
Deed Book 1976, page 662, dated December 14, 2000 conveyed several tracts from
Arthur A. Watson, Jr. and Rachel L. Galbraith to Burning Daylight Farms, Inc. Among
these tracts was Parcel One, which included Tract 2, containing 87.33 acres, as shown
on a plat of record in Deed Book 939, page 442. This transaction had no effect on
the legal status or development rights of Tax Map 16, Parcel 1 O.
I :\DEPT\BCZS\Determin of Parcel\2005\ 16-7 etal & 28-23D + H Chapel Spring.doc
Brian S. Ray
June 3, 2005
Page 6
Deed Book 1976, page 667, dated December 14, 2000 conveyed several tracts from
Burning Daylight Farms, Inc. to Chapel Spring Farms Holdings, LLC. Among these
tracts was Parcel One, which included Tract 2 containing 87.33 acres shown on the
Morris Foster plat dated May 4,1987. This transaction had no effect on the legal
status or development rights of Tax Map 16, Parcel 1 O.
Tax Map 16. Parcel10A1
Our records indicate Tax Map 16, Parcel 1 OA 1 contains 25.28 acres and no dwellings.
The property is not in an Agricultural Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 1976, page 667.
The most recent deed for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980 is recorded in Deed Book 406, page 75 and is dated
March 10, 1965. This deed conveyed 25.36 acres from John G. Dunn to C. Garland
Maupin and Marguerite F. Maupin. The property is designated as Parcel B on a plat by
O. R. Randolph, dated March 5, 1965 that is attached. It is determined that this deed
established the 25.28-acre tract as a parcel of record with five (5) development
rights.
Deed Book 738, page 392, dated October 31, 1981, conveyed right of way to the
Commonwealth of Virginia for improvements to Route 671. This transaction had no
effect on the legal status or development rights of Tax Map 16, Parcel 1 OA1.
Deed Book 958, page 475, dated August 10,1987, conveyed two tracts from Marguerite
M. Shepherd, formerly Marguerite F. Maupin to Arthur A. Watson & Rachel L. Galbraith.
Parcel 1 is described as the 25.36-acre that was conveyed by the deed of record in
Deed Book 406, page 75. This transaction had no effect on the legal status or
development rights of Tax Map 16, Parcel10A1.
Deed Book 1976, page 662, dated December 14, 2000 conveyed several tracts from
Arthur A. Watson, Jr. and Rachel L. Galbraith to Burning Daylight Farms, Inc. Among
these tracts was Parcel Three-A, containing 25.36 acres, as shown on a plat of record
in Deed Book 406, page 75. This transaction had no effect on the legal status or
development rights of Tax Map 16, Parcel10A1.
Deed Book 1976, page 667, dated December 14, 2000 conveyed several tracts from
Burning Daylight Farms, Inc. to Chapel Spring Farms Holdings, LLC. Among these
tracts was Parcel Three-A, containing 25.36 acres shown on the O. R. Randolph plat
dated March 5, 1965. This transaction had no effect on the legal status or
development rights of Tax Map 16, Parcel10A1.
1:\DEPT\BClS\Detennin of Parcel\2005\16-7 etal & 28-23D + H Chapel Spring.doc
Brian S. Ray
June 3, 2005
Page 7
Tax Map 16. Parcel 1 OA3
Our records indicate Tax Map 16, Parcel 1 OA3 contains 3.540 acres and one dwelling.
The property is not in an Agricultural Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 1976. page 667.
The most recent deed for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10,1980 is recorded in Deed Book 407, page 299 and is dated
May 11,1965. This deed conveyed 3.55 acres from John G. Dunn to Marguerite F.
Maupin. The property is shown on a plat by O. R. Randolph, dated April 5, 1965 that is
attached. It is determined that this deed established the 3.55-acre tract as a parcel
of record with one (1) development right.
Deed Book 738, page 392, dated October 31, 1981, conveyed right of way to the
Commonwealth of Virginia for improvements to Route 671. This transaction had no
effect on the legal status or development rights of Tax Map 16, Parcel 1 OA3.
Deed Book 958, page 475, dated August 10,1987, conveyed two tracts from Marguerite
M. Shepherd, formerly Marguerite F. Maupin to Arthur A. Watson & Rachel L. Galbraith.
Parcel 2 is described as the 3.55-acre lot that was conveyed by the deed of record in
Deed Book 407, page 299. This transaction had no effect on the legal status or
development rights of Tax Map 16, Parcel 1 OA3.
Deed Book 1976, page 662, dated December 14, 2000 conveyed several tracts from
Arthur A. Watson, Jr. and Rachel L. Galbraith to Burning Daylight Farms, Inc. Among
these tracts was Parcel Three-B, containing 3.55 acres, as shown on a plat of record in
Deed Book 407, page 299. This transaction had no effect on the legal status or
development rights of Tax Map 16, Parcel 1 OA3.
Deed Book 1976, page 667, dated December 14, 2000 conveyed several tracts from
Burning Daylight Farms, Inc. to Chapel Spring Farms Holdings, LLC. Among these
tracts was Parcel Three-B, containing 3.55 acres shown on the O. R. Randolph plat of
record in Deed Book 407, page 299. This transaction had no effect on the legal
status or development rights of Tax Map 16, Parcel 1 OA3.
Tax Map 16. Parcel 11
Our records indicate Tax Map 16, Parcel 11 contains 56.85 acres and no dwellings. The
property is not in an Agricultural Forestal District. The most recent recorded instrument
for this property is recorded in Deed Book 1976, page 667.
The parcels described below are shown on an exhibit titled, "A sketch Showing Tracts
Making Up Parcel 11 , Tax Map 16" that is attached to this determination.
1:\DEPT\BCZS\Determin of Parcel\2005\16-7 etal & 28-23D + H Chapel Spring.doc
Brian S. Ray
June 3, 2005
Page 8
Item I
The most recent deed for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980 is recorded in Deed Book 93, page 269 and is dated
May 1,1890. This deed conveyed 3 X acres from Nelson White and Mahala White to
Nelson F. White. The property is described as lying on the public road leading by
Wesley Chapel Church to Free Union and is further described by metes and bounds. It
is determined that this deed established the 3 1/4-acre tract as a parcel of record
with one (1) development right.
Item II
The most recent deed for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10,1980 is recorded in Deed Book 97, page 125 and is dated
July 22, 1891. This deed conveyed 1 acre from Steven Points and Betty Points to
Nelson F. White. The property is described as lying on the road near Wesley Chapel
Church and is further described by metes and bounds. It is determined that this deed
established the 1-acre tract as a parcel of record with one (1) development right.
Item III
The most recent deed for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980 is recorded in Deed Book 103, page 344 and is dated
May 24, 1895. This deed conveyed 2 % acres from Mahaley White and Betty Carr to
Nelson F. White. The property is described as lying on the road at or near Wesley
Chapel Church leading to Free Union and is further described by metes and bounds. It
is determined that this deed established the 2 % -acre tract as a parcel of record
with one (1) development right.
Item IV
The most recent deed for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10,1980 is recorded in Deed Book 117, page 106 and is dated
March 19, 1900. This deed conveyed 32 1/4 acres from Special Commissioner for A. R,
Blakey et.a!. to Nelson F. White. The property is described as lying and situate in the
County of Albemarle near Free Union and is further described by metes and bounds. It
is determined that this deed established the 32 % -acre tract as a parcel of record
with five (5) development rights.
Item V
The most recent deed for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980 is recorded in Deed Book 126, page 29 and is dated
March 9,1903. This deed conveyed 3 1/4 acres from Mahaley White and Bettie Terrell
1:\DEPT\BCZS\Determin of Parcel\2005\16-7 etal & 28-23D + H Chapel Spring.doc
Brian S. Ray
June 3, 2005
Page 9
(formerly Bettie Carr) to Nelson F. White. The property is described by metes and
bounds. It is determined that this deed established the 3 % -acre tract as a parcel
of record with one (1) development right.
Item VI
The most recent deed for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980 is recorded in Deed Book 155, page 33 and is dated
March 18, 1914. This deed conveyed 2 acres from Bettie Argabright and James
Argabright (formerly Bettie Carr) to Nelson F. White. The property is described as lying
and situate on the North side of Albemarle County near Free Union and by metes and
bounds. It is determined that this deed established the 2-acre tract as a parcel of
record with one (1) development right.
Deed Book 738, page 396, dated August 27, 1981, conveyed right of way to the
Commonwealth of Virginia for improvements to Route 671. This transaction had no
effect on the legal status or development rights of the separate parcels that
comprise Tax Map 16, Parcel 11.
Deed Book 1008, page 408, dated August 12, 1988, conveyed 56.572 from the heirs of
Nelson F. White to Arthur A. Watson & Rachel L. Galbraith. Parcel 2 is particularly
described on a plat of Thomas D. Blue, dated June 30, 1988. The plat references D.B.
93 - 269, D.B 97-125, D.B. 103 - 344, D.B. 117 - 106, D.B. 126 - 29 and D.B. 155-
335. It is determined that these references to the prior deeds preserve the
separate identity of the six separate parcels. Therefore, this transaction had no
effect on the legal status or development rights of the separate parcels that
comprise Tax Map 16, Parcel 11.
Deed Book 1976, page 662, dated December 14, 2000 conveyed several tracts from
Arthur A. Watson, Jr. and Rachel L. Galbraith to Burning Daylight Farms, Inc. Among
these tracts was Parcel Two, containing 56.572 acres, as shown on a plat of record in
Deed Book 1008, page 503. This transaction had no effect on the legal status or
development rights of the separate parcels that comprise Tax Map 16, Parcel 11.
Deed Book 1976, page 667, dated December 14, 2000 conveyed several tracts from
Burning Daylight Farms, Inc. to Chapel Spring Farms Holdings, LLC. Among these
tracts was Parcel Two, containing 56.572 acres shown on the Thomas D. Blue plat of
record in Deed Book 1008, page 503. This transaction had no effect on the legal
status or development rights of the separate parcels that comprise Tax Map 16,
Parcel 11.
1:\OEPnBCZS\Oetermin of Parcel\2005\16-7 etal & 28-230 + H Chapel Spring.doc
Brian S. Ray
June 3, 2005
Page 10
Tax Map 28, Parcel 23D
Our records indicate Tax Map 28, Parcel 230 contains 23.430 acres and one dwelling.
The property is not in an Agricultural Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 1976, page 667.
The most recent deed for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980 is recorded in Deed Book 632, page 321 and is dated
September 12,1977. This deed conveyed 19.50 acres from 1. Martin Dunn and Anne
H. Dunn to Peter G. Svenson and Jane M. Svenson. The 19.5-acre parcel is described
as being a portion of a tract of land devised to Thomas M. Dunn by the Will of Percey T.
Dunn, of record in Will Book 39, page 378 containing about 40 acres and being a part of
a 61-acre parcel conveyed by the deed of record in Deed Book 125, page 170. The
19.5-acre parcel shown on the plat ofWm. Morris Foster, dated August 25,1977. It is
determined that this deed established the residue of the 40-acre +/- parcel, now
designated as Parcel 23D on Tax Map 28, as a parcel of record with five (5)
development rights.
Deed Book 1002, page 299, dated June 30, 1988, conveyed 2 tracts of land from Anne
Dunn and the Estate of Thomas M. Dunn to Arthur A. Watson & Rachel L. Galbraith.
Parcel 2 is described as containing 23.5 acres and as Parcel 230 on Tax Map 28. This
transaction had no effect on the legal status or development rights of Tax Map 28,
Parcel 23D. The deed references a plat by Thomas Blue that was not recorded.
Deed Book 1976, page 662, dated December 14, 2000 conveyed several tracts from
Arthur A. Watson, Jr. and Rachel L. Galbraith to Burning Daylight Farms, Inc. Among
these tracts was Parcel Four, containing 23.5 acres, and more particularly described as
Parcel 230 on Tax Map 28. This transaction had no effect on the legal status or
development rights of Tax Map 28, Parcel 23D.
Deed Book 1976, page 667, dated December 14,2000 conveyed several tracts from
Burning Daylight Farms, Inc. to Chapel Spring Farms Holdings, LLC. Among these
tracts was Parcel Four, containing 23.5 acres, and more particularly described as Parcel
230 on Tax Map 28. This transaction had no effect on the legal status or
development rights of Tax Map 28, Parcel 23D.
Tax Map 28, Parcel 23H
Our records indicate Tax Map 28, Parcel 230 contains 14.95 acres and no dwellings.
The property is not in an Agricultural Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 1976, page 667.
The most recent deed for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980 is recorded in Deed Book 439, page 145 and is dated
1:\OEPnBCZS\Oetermin of Parcel\2005\16-7 etal & 28-230 + H Chapel Spring.doc
Brian S. Ray
June 3, 2005
Page 11
January 2, 1968. This deed conveyed 15 acres from H. E. Van Der Linde and Elizabeth
D. Van Der Linde to Thomas M. Dunn. The property is described on the plat of William
S. Roudabush, dated October 23, 1967. It is determined that this deed established
the 15-acre tract as a parcel of record with five (5) development rights.
Deed Book 1002, page 299, dated June 30, 1988, conveyed 2 tracts of land from Anne
Dunn and the Estate of Thomas M. Dunn to Arthur A. Watson & Rachel L. Galbraith.
Parcel 1 is described as containing 15 acres and more particularly on a plat of record in
Deed Book 439, page 149. This transaction had no effect on the legal status or
development rights of Tax Map 28, Parcel 23H.
Deed Book 1976, page 662, dated December 14, 2000 conveyed several tracts from
Arthur A. Watson, Jr. and Rachel L. Galbraith to Burning Daylight Farms, Inc. Among
these tracts was Parcel Five, described as containing 15 acres and more particularly on
a plat of record in Deed Book 439, page 149. This transaction had no effect on the
legal status or development rights of the separate parcels that comprise Tax Map
28, Parcel 23H.
Deed Book 1976, page 667, dated December 14, 2000 conveyed several tracts from
Burning Daylight Farms, Inc. to Chapel Spring Farms Holdings, LLC. Among these
tracts was Parcel Five, described as containing 15 acres and more particularly on a plat
of record in Deed Book 439, page 149. This transaction had no effect on the legal
status or development rights of Tax Map 28, Parcel 23H.
These parcels are entitled to the noted development rights if all other applicable
regulations can be met. These development rights may only be utilized within the
bounds of the original parcels with which they are associated. These development rights
are theoretical in nature but do represent the maximum number of lots containing less
than twenty one acres allowed to be created by right. In addition to the development
right lots, the parcel may create as many smaller parcels containing a minimum of
twenty-one acres as it has land to make.
If you are aggrieved by this determination, you have a right to appeal it within thirty days
of the date notice of this determination is given, in accordance with Section 15.2-2311 of
the Code of Virginia. If you do not file a timely appeal, this determination shall be final
and unappealable. An appeal shall be taken only by filing with the Zoning Administrator
and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the
appeal. An appeal application must be completed and filed along with the fee of $120.
The date notice of this determination was given is the same as the date of this letter.
1:\DEPT\BCZS\Determin of Parcel\2005\16-7 etal & 28-23D + H Chapel Spring.doc
Brian S. Ray
June 3,2005
Page 12
If you have any questions, please contact me.
Sincerely,
John Shepherd
Manager of Zoning Administration
Attach ments:
Key showing location of separate parcels that comprise Parcel 11
Key showing the parent tracts of Parcel 7
Copies: Chapel Spring Farms Holdings, LLC
P.O. Box 2057
Charlottesville, VA 22902
Covered Bridge Land Trust, L.L.C. (Owner of Tax Map 16, Parcel 6)
C/O Larry Denevec
P.O. Box 34
Free Union, VA 22940
Gay Carver, Real Estate Department
Ella Carey, Clerk Board of Supervisors
Reading Files
1:\OEPTìBCZS\Oetermin of Parcel\2005\16-7 etal & 28-230 + H Chapel Spring.doc
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James S. Utterback, PMP
Charlottesville Residency Administrator
Virginia Department of Transportation
701 VDOT Way
Charlottesville, VA 22911
~ .T
CHARLOTTESVILLE RESIDENCY MONTHLY REpORT
JUNE 2005
CONSTRUCTION Active Construction Projects
Route 649 (Airport Road improvement project) 0649-002-158, C501
Original completion date: 9/2/2005 Award amount: $4,820,177
Estimated completion date: 9/2/2005 Est. completion amount: $4,855,598
· The majority of the new westbound lanes are paved with concrete curb and gutter placed.
Route 20 (Carter's Bridge replacement project) 0020-002-126, C501, B608
Original completion date: 5/1/2005 Award amount: $1,488,823
Estimated completion date: 7/1512005 Est. completion amount: $1,498,346
· Bridge completed. Performing grade work and incidentals in preparation for final paving at north and
south bridge approaches.
Route 53 (Buck Island Creek bridge replacement project) 0053-002-101, C501, B601
Original completion date: 11/1/2005 Award amount: $1,644,187
Estimated completion date: 11/1/2005 Est. completion amount: $1,644,187
· Completed seeding stabilization of fills and borrow material area. Mobilized crane and other bridge
construction equipment and began driving piles for the north abutment.
BP-7 A-OS (District wide bridge painting project)
Original completion date: 10/31/2005 Award amount: $1,556,670
Estimated completion date: 10/31/2005 Est. completion amount: $1,556,670
· Continuing work on Rtes. 690 and 691 bridges over 1-64.
SS-7B-05 (Surface Treatment)
Original completion date: 10/1/2005 Award amount: $838,646.72
Estimated completion date: 8/15/05 Est. completion amount: $888,965.52
· Scheduled roads in Albemarle and Greene Counties are complete. Contractor will return in August to
pave Rte. 640 and remaining area in Mill Creek Subdivision.
PM-7B-05 (Asphalt pavement overlay)
Original completion date: 12/1/2005 Award amount: $3,699,919.31
Estimated completion date: 12/1/2005 Est. completion amount: $3,699,919.31
· Completed the following scheduled road sections during June: Rtes. 6, 601, 620, 631, 632, 708 and
712.
BR-7C-05 (Bridge deck repairs and epoxy overlay)
Original Completion Date: 12/1/05 Award amount: $296,055.50
Estimated Completion Date: 12/1/05 Est. Completion Amount: $317,055.50
· Contractor mobilized to area and has completed the majority of patching on the Rte. 744 bridge over 1-
64.
BB- 7 A-05 (Shotcrete pipe culvert rehab)
Original Completion Date: 7/29/05 Award amount: $ 113,745.04
Estimated Completion Date: 7/29/05 Est. Completion Amount: $113,745.04
· Contractor mobilized to area and has begun rehab work in pipe culverts under Rte. 1456 (Four Seasons
Dr.)
MAINTENANCE WORK COMPLETED
Albemarle County
· Mowed various routes in Albemarle County
· Patching operations complete on Rtes. 680, 635, 692,1217,824,810, 1583.
· Ditching operations complete on Rtes. 689, 250, 635, 812, F981.
· Specialty Crew replaced bridge timbers on Route 824.
· Guardrail mowing on Route 20 in Scottsville rrom Rte. 724 to 712 and rrom the Elks Lodge to Rte 600.
Page 1 015
Virginia Department of Transportation
701 VDOT Way
Charlottesville. VA 22911
Greene County
· Mowed various routes in Greene County.
· Work continued on Route 640 Rural Rustic Road Project in Greene County.
· Guardrail mowing on Route 810, banks and rails.
· Guardrail mowing on Routes 633, 604, 810.
PRELIMINARY E:\IGINEERI'\IG
Albemarle County
· Route 22 / 250 Intersection Improvements, 0022-002-104, C501
On schedule for spring 2008 Construction with ROW acquisition to begin in August 2005.
· Route 631 McIntire Road, 0631-002-128, C502, B612, B657
On schedule for a June 2008 Ad Date with ROW acquisition scheduled to begin in December 2005.
· Route 691 Jarmans Gap Road, 0691-002-158, C501
Has been rescheduled for December 2009 Ad Date. The Public Hearing is rescheduled for Spring 2006.
· Route 656 Georgetown Road, 0656-002-254, C501
Residency is developing several design concepts for a meeting with Stakeholders in order to obtain clear
guidance and support for the improvements.
· Route 606 Dickerson Road, 0606-002-P75, N501
On schedule for a December 2007 Ad Date. The ROW for this gravel road project is only partially
available.
· Route 640 Gilbert Station Road, 0640-002-P78, N501
Construction began on June 13,2005, using State Forces.
Greene County
· Route 627 Bacon Hollow Road, 0627-039-195, C501
Project is on schedule for December 2006 Ad Date.
· Route 640 Watson Road, 0640-039-137, N501
Construction was completed on June 10,2005, using State Forces.
PLANNING, PERMITS AND LAND DEVELOP:VIENT
Land Development Items Total This Total This
Month Fiscal
Year
Special Use Permits and Rezoning Application Review 5 82
Site Plan Reviews for new Subdivisions 5 86
New Entrance Plan Reviews 6 100
Total Permits Processed 24 194
Utility Permits Processed 16 155
Inspection of new Subdivision Street conducted 17 87
Inspection of new entrance conducted 72 770
Miles of Street Accepted in the State System 0.22 5.61
III Page 2 of5 II
Virginia Department of Transportation
701 VDOT Way
Charlottesville, VA 22911
TRAFFIC ENGINEERING
ALBEMARLE
Route Location Issue Tvoe Received Descriotion Planned Action
20 At Fontana Drive Signage 1/19/2005 Request for advance warning
Request to lower speed limit &
20N At Cason Farm Rd Speed/Signage 2/18/2005 post
29 At Forest Lakes/CVS Signal timing 5/4/2005 Request to review signal timing No action
Request to install red flashing
29NBL Ashwood Flashing light 5/21/2004 light
Question on positioning of
250 At Tilman Light location 2/22/2005 signalized int.
Request to lower speed limit &
621 Rt. 621, off Rt. 20 N Speed/signage 1/27/2005 post
627 Betwn. Rt. 795&Rt.20 Speed 3/2/2005 Speed study Speed limit reduced
631S. 5thSt.exUo Rt. 708 Centerline 5/19/2005 Request for centerline
Intersection study/left turns at
631 Int. with Covenant/Left Int. study 3/21/2005 Covenant
631 at Rt. 1177 Signal analysis 2/3/2005 Request for signal No action
631 West Rio/Four Seasons Signal timing 4/21/2005 Signal timing review
663 School sign 4/4/2005 School Bus Stop Ahead
Request to move stop
664 Intersection Rt 665 Signage 5/26/2005 sign/open Inters. Signs installed
Signage review, Speed
671 Ballards Mill Road Signage 9/30/2004 reduction
682 Btwn Rt 637 &paved 682 Speed study 1/31/2005 Request for speed study
Speed review/posting of gravel
689 Birches Creek Rd speed study 5/19/2005 road End 35 mph sign
Customer suggests one way
712 North Garden Lane One way? 1/11/2005 road
729 At Route 250 Intersection 9/17/2004 Traffic congestion at school
743 Rt. 743/663@store Signage 2/10/2005 Intersection confusion
Sign age review, Curved
743 Near Squirrel Ridge Signage 12/10/2004 portion of roadway
EARL studies on various
743 Various portions Sign/speed/g/r 2/17/2005 safety issues
Review requested at temp.
743 606 Int. study 2/8/2005 intersection
Request to lower speed limit &
746 Speed study/gravel road Speed/Posting 5/13/2005 post No change rec'd
810 At Buck Road Safety review 4/12/2005 Safety review at the curve
852 852& 1456 Safety review 4/6/2005 Safety study
Speed review, Traffic calming
1001 Colt Hurst Drive Speed study 4/4/2005 related
Page 3 of5
Virginia Department of Transportation
701 VDOT Way
Charlottesville. VA 22911
Request to lower speed limit &
1304 Harrison Street Speed Study 6/17/2005 post Approved
Request to install addition
1427 Northfield Road Add' signs 5/23/2005 speed limit signs
9885 Lambs Lane Crosswalk 4/12/2005 Request for crosswalk
Request Curve road sign,
22 Near Cismont Curve Road sign 6/22/2205 Entrance Sign
Request lanes be marked at
29 Timberwood & Rt. 29 Signage 5/27/2005 intersection
Request for animal crossing
240 Crozet Signage 6/1/2005 signs
250 Int. 250&616 Turn lane 5/27/2005 Request for left turn lane
Study Fluvanna CL to Boyd
250 Rt. 250 Speed study 5/6/2005 Market
250 at Rt. 678 Speed study 5/6/2005 Request for speed study
Request to review intersection
614 Int. Sugar Hollow/Garth Intersection 4/6/2005 for safety
Request to reduce speed limit
614 Sugar Hollow Road Speed Limit 6/13/2005 from 55
632 Off Rt. 29 Signage 4/29/2005 Request for speed limit sign Approved
637 Betwn Rt. 691 & 758 Traffic count 3/29/2005 Traffic count
652 Intersection Rt 1440 Sign 6/13/2005 Request for larger stop sign
Pavement markings not clear
657 Lambs Road Pavement Mkgs 6/9/2005 on road.
Request for posted Speed
666 Allen Rd. Speed limit 6/8/2005 Limit
743 At 676 Flashing light 1/24/2005 Flashing light, extend turn lane
Marking study for potential bike
743 Old connection at 606 Striping study 4/4/2005 lanes
Request to lower speed limit &
769 Rocky Hollow Road Speed/Posting 5/11/2005 post
Request to lower speed limit &
807 Speed study/gravel road Speed/Posting 5/13/2005 post No change rec'd
Request to review the
1315 Int. with Rt. 1456 Safety review 4/6/2005 intersection for safety
Request for Children playing
1491 Albert Court Signage 6/22/2005 sign
1521 Powell Creek Drive Speed 2/16/2005 Request for lower speed limit
Request for Children Playing
1701 Westover Drive Signage 6/9/2005 signs Approved
Page 4 of5
Virginia Department of Transportation
701 VDOT Way
Charlottesville, VA 22911
GREENE
Route Location Issue Tvpe Received Description Planned Action
Request for crosswalk at
33 School/Great Value Crosswalk 4/21/2005 Business33
33 At Rt. 633 Signal review 1/5/2005 Requested signal upgrade
33 Main St. & Shiloh Parking 6/2/05 Request from Mayor Approved
Traffic backing out onto turn
29NB Turning left WB onto 33 Traffic backup 10/20/2004 lane onto Rt. 29
Traffic in a.m. backs up onto
33EB Turning right onto 29 S Traffic backup 10/20/2004 Rt. 33
Request from Greene County
615 1335 Evergreen Church Signs/safety 4/22/05 Schools
633 Rt. 633& Rt.670 Guardrail 5/31/2005 Request for Guardrail
640 Watson Road Speed study 6/16/2005 Request for speed reduction
MAINTENANCE BlJDGET
20
.. .. .. TOT AI. M AINT BUDG ET
FORECASTED EXPENDITURES
--û--CUMULA TIVE ACTUAL
5
15 __~ ~- -II1II_--- _~~ ~___ -~----- _fI!1'_~ ...., ..-_ _.. ..~ ... ~.. ~- --_u-
'"
c::
,g 10
:i
o
Jul-04 Aug-04 Sep-04 Oct-04 Nov-04 Dec-04 Jan-05 Feb-05 Mar-05 Apr-05 May-05 Jun-05
Months
PLANNED MAINTENANCE WORK - JULY 05
· Complete all primary mowing (contractor).
· Mowing various routes in Albemarle and Greene Counties.
· Rural Rustic Road project on Route 640 in Albemarle.
· Replacing steel beams on bridge in Advance Mills.
· Guardrail mowing on Route 20, Keene, from 720 to 708.
Page 5 of5
RIVANNA WATER & SEWER AUTHORITY
695 MOORES CREEK LANE . CHARLOTTESVILLE. VIRGINIA 22902-9016
(434) 977-2970 . FAX: (434) 293-8858 . WEBSITE: WWW.RIVANNA.ORG
MEMORANDUM
TO:
RIV ANNA WATER & SE\VER AUTHORITY
BOARD OF DIRECTORS
FROM:
f
THOMAS L. FREDERICK, EXECUTIVE DIRECTOR
...........
SUBJECT: COMMUNITY WATER SUPPLY PLAN AND GANNETT
FLEMING CONTRACT
DATE: JUNE 27, 2005
As the Board is aware, the Chairman of each of the four local boards and the Rivanna
staff met with the regulatory agencies of interest last Wednesday, June 22, 2005 in
Richmond at what was called a Pre-Application Meeting. This memorandum briefly
outlines the meeting and discusses some next steps. The Pre-Application Meeting was
held after the Board packet for the June 27, 2005 meeting was completed, and due to the
interest in moving this process forward in response to that meeting, I appreciate the
Board allo\ving this item to be presented without being part of the advanced information.
We received some valuable comments from the regulatory agencies at the Pre-
Application Meeting. Regarding the South Fork Rivanna Reservoir dredging alternative,
the regulators were in agreement that due to the potential costs of this project and the
uncertainties in the possibilities for reducing these costs, the regulatory agencies would
not require Rivanna to consider this concept further toward an application for the 9.9
MOD water supply increase. This does "leave the door open" for continued local
discussion of dredging as a possible option in the maintenance of the reservoir.
Regarding the South Fork Rivanna Reservoir expansion by way of a four-foot crest, the
regulators expressed several concerns that would make permitting dubious. Key issues
include the highest wetland and stream impacts of all concepts, and the considerable
potential threat to the James Spinymussel (endangered species) habitat.
The regulators felt they were not in a position at this meeting to decide between the
Ragged Mountain alternative and the James River Intake alternative, but I believe it is
fair to characterize that there was optimism in the room regarding the Ragged Mountain
alternative. Staff and consultants presented this option with a refill pipeline coming from
the South Fork Rivanna Reservoir (SFRR) in place of earlier proposals to replace the
pipeline from the Sugar Hollow Reservoir and refurbish the Mechums River pump
station. With the new refill pipeline coming from SFRR, it was agreed that the Ragged
Mountain alternative would offer similar benefits to the Moormans and Mechums River
that has also been attributed to the James River option. It was also agreed that the
Ragged Mountain alternative is comparable to the James River alternative on wetland
impacts. The Corps of Engineers asked Rivanna to commit to a further comparison of
7
S'\Board\RWSA\Bùard Meetinas 200'iIRWA Ju.ne 2005\Comm Water Supply.doc
. " 5E"RvrNG CHARLOTTESVILLE 8< ALBEMARLE COUNTY
$22,000 has been used for this purpose and $28,000 remains in contingency that
can be carried over to the work in the next 30 days.
~ Work which should proceed in the next month if the Board wishes to maintain
reasonable progress would include the functional value survey, base hydraulic
modeling in preparation for a meeting with DEQ, and engineering evaluations on
the pipeline route and sizing of pipe and pump stations. Outside of the consulting
services, Rivanna staff will be working on the updated Policy Statement and
coordination with Albemarle County on the Comprehensive Plan.
~ The staff recommends that Gannett Fleming be authorized to work on the tasks
immediately above for a total fee not to exceed $75,000. With the inclusion of
the carryover of $28,000 from contingency identified above, the additional
authorization would be $47,000.
A more complete scope of services and fee will be developed in July to provide the
additional consulting services we currently anticipate will carry us through the
application for permit. It is too early in our planning of these services now to suggest a
firm date for completing the work, but we have identified as a preliminary "goal" to
attempt to achieve a timeline in the vicinity of the end of the current calendar year.
Staff requests the Board of Directors authorize the Executive Director to execute an
amendment to Gannett Fleming's contract increasing the contract by $47,000, to be
funded from future revenue bonds.
3
S:\Board\RWSA\Board i\k~tings 2005\RWA Jun~ 2005\Col11l11 Wat~r Supply doc
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
VDOT Rural Addition Policy - Eligibility to Participate
AGENDA DATE:
July 6, 2005
SUBJECT/PROPOSAL/REQUEST:
VDOT now requires private roads to be built to
VDOT standards for counties that participate in
Rural Addition Program
ACTION: X
INFORMATION:
CONSENT AGENDA:
ACTION:
INFORMATION:
STAFF CONTACT(S):
Tucker, Foley, Davis, Kamptner, Graham
ATTACHMENTS: Yes
LEGAL REVIEW: Yes
REVIEWED BY:
~
(
BACKGROUND:
The purpose of this agenda item is to determine if the County should make revisions to the Subdivision Ordinance
necessary for the County to continue participation in the Rural Addition program offered by VDOT. Under this program, up
to 5% of a county's Six-Year Improvement Program (SYIP) funds may be allocated to bring substandard private roads up
to VDOT standards for the purpose of converting that road into a public road maintained by VDOT. Albemarle County has
occasionally used this program, with recent examples being West Leigh Road and Corville Farm Road.
In May, Jim Utterback, the Charlottesville Resident Administrator for VDOT, informed the Board that VDOT has recently
determined this program will only be available to counties that require private streets to be designed and constructed to
VDOT standards. Staff has consulted with VDOT's Local Assistance Division on what is required to maintain program
eligibility and determined this would require changes to Albemarle County's Subdivision Ordinance
STRATEGIC PLAN:
Develop and Implement policies, including financial, that address the County's growing transportation needs.
DISCUSSION:
In order to continue program eligibility, VDOT must find that Albemarle County requires private roads to be constructed to
VDOT standards. Without that finding, local funding sources will be required if private roads are to be upgraded and
converted to public roads that are eligible for VDOT maintenance. It should be noted that even if Rural Addition funding is
available, it will not fund everything that might be required for the road to become eligible for VDOT maintenance.
Expenses not covered by VDOT funding include: plats for right of way or easements, utility relocations, and relocation or
removal of improvements in the right of way, such as fences or mail boxes. Additionally, VDOT requires a determination
that there is no speculative interest served by the use of Rural Addition funds, which can require that the property owner(s)
fund that part of the road improvements.
Based on discussions with VDOT staff, County staff has determined what ordinance changes are required to maintain
eligibility. Those changes are outlined and discussed in Attachment A. Staff considers it important for the Board to
recognize these ordinance changes could restrict development potential in a number of circumstances. These
circumstances include: increased right of way requirements for some rural area development and limitations of private
street design for some Neighborhood Model forms of development. For example, staff suspects the change in
requirements for three to five lot roads in the rural area could have a significant impact on the rate of rural residential
development. Staff notes that many other counties have indicated they have decided against participation in the Rural
Additions program because of conflicts with that county's development policies. Attachment B is a listing of Virginia
Counties and their current status with regard to this program.
Staff notes that the question of allowing private streets to be built to a different standard was discussed with the Board last
December. At the December 8th worksession on this topic, the Board indicated a willingness to accept alternative private
street standards that would promote the use of the Neighborhood Model for development. That decision was widely
AGENDA TITLE:
VDOT Rural Addition Policy - Eligibility to Participate
July 6, 2005
Page 2
supported by the development community and advocates for the Neighborhood Model. At that time, VDOT had not
indicated a concern with an alternative standard for private streets.
BUDGET IMPACT:
There is no loss of state funding if the County is not eligible for Rural Additions funding. The Rural Addition funding is
simply an allocation of SYIP funds and competes against other County priorities for those funds. If the County was not
eligible for Rural Additions funding and an improvement project could not be funded by the property owners, the County
could be asked to fund those improvements. Historically, the County's policy has been that the property owners are
responsible for the cost of those improvements and the use of Rural Addition funding has been limited to unique situations.
Using Corville Farms Road as an example of that unique situation, that road was intended to be a public road when the
subdivision was created, but the developer failed to complete the work and, given the age of the project, the County had
no bond to use for completion of the road. As there was no bond for the road and many of the property owners were
financially incapable of funding the road improvements, the County decided to use Rural Addition funds to complete these
improvements. Staff estimates this type of situation occurs about every five years, on average, and the project typically
requires about $100,000 of improvements. Additionally, staff notes it is not unusual for the County to fund other parts of
rural addition projects not covered by the SYIP. For example, with the West Leigh project, the County shared in the cost of
relocating a water main that was not eligible for VDOT funding.
Finally, staff notes the County is currently supplementing VDOT transportation funding far in excess of the typical rural
addition project cost. If the County continues to provide supplementary transportation funding in this manner, the use of
the SYIP for rural additions is a moot point. The County could easily designate its own funding to the rural addition project
and allow VDOT's SYIP funds to be used on other projects. The total designated for road funding would not be altered in
this situation.
RECOMMENDATIONS:
Assuming the County will continue supplementary funding for roads in the future, staff would recommend against the
Subdivision Ordinance changes necessary to maintain eligibility for the Rural Additions Program. As explained above, there
would be no budget impact in this circumstance and the County could continue to allow development projects to use much
more effective street designs for Neighborhood Model developments.
If the Board were to discontinue supplementary funding for roads in the future, this decision could create circumstances
where SYIP funds would not be available for rural additions and alternative funding sources would need to be found. Staff
believes this is an acceptably small risk as it is likely the County will have increasing need for supplementary road funding
in the future and the relatively small size of the infrequent rural addition project the County might undertake could be
managed with little change to the CIP.
ATTACHMENTS
Attachment A - Needed Subdivision Ordinance changes
Attachment B - County Rural Addition Eliqibility Status
05.081
Attachment A
Subdivision Ordinance Revisions Needed for Consistency with Rural Additions Policy
Family Divisions - No changes needed. VDOT indicates family divisions are not required to comply with this
provision.
Rural Divisions - No changes needed. Each lot in a rural division already has adequate frontage on an
existing public road and no road construction occurs with this subdivision.
Two Lot Subdivisions - No changes needed. Two lot roads are not eligible for VDOT maintenance and
considered a shared driveway.
Subdivisions with Three to Five Lots - Eliminate current private road standard and require road to be
constructed to VDOT standards, the same as a subdivision with six or more lots. Staff anticipates this would
significantly increase the development costs for this type of rural subdivision and could eliminate the subdivision
potential in some circumstances.
Subdivisions with Six or More Lots - Require all private roads to be constructed to VDOT standards.
· Mountainous terrain standards can be allowed with VDOT concurrence. Otherwise, this road must be
constructed to the same standard as a public road and the need for a private road would be limited to a
desire to restrict access. Staff notes that requiring these rural subdivision roads to be constructed to a
non-mountainous terrain VDOT standard would significantly increase the development costs for this
type of subdivision and potentially reduces the number of lots that might be developed in many
circumstances.
· Apartment and townhouse streets can continue to be private streets with perpendicular parking and
narrow aisles. For VDOT, these private streets are considered travel ways rather than a street. If the
street has no perpendicular parking and the street functions similar to a public street, VDOT will
consider it a private street and it must be designed to VDOT standards.
· Neighborhood Model private streets must be designed to VDOT standards, but the County can use the
same modifications to the standards as allowed for public streets. Staff notes a set of Neighborhood
Model standards acceptable to VDOT has already been developed. That said, staff anticipates that
requiring all Neighborhood Model streets to satisfy this standard could reduce the flexibility desired with
some projects. It is suspected that some Albemarle Place streets would not comply with this
requirement and some modification to the layout could be required. At this time, it is not possible to
estimate how this would impact the viability of the development.
Attachment B
County Rural Addition Eligibility Status
June 22, 2005
Eliaible
Preliminary Assessment -
Not Eliaible
(Eligibility extended to 12/31/2005)
Bedford County
Bland County
Brunswick County
Campbell County
Caroline County
Charlotte County
Chesterfield County
Dickenson County
Dinwiddie County
Floyd County
Greensville County
Henry County
Louisa County
Pittsylvania County
Prince Edward County
Russell County
Scott County
Shenandoah County
Smyth County
Southampton County
Tazewell County
Wise County
Wythe County
Fairfax County
Isle Of Wight County
King George County
Rockingham County
Stafford County
Not Eliaible -
Revision Pendina
(Eligibility extended to 12/31/2005)
Albemarle County
Alleghany County
Augusta County
Botetourt County
Buchanan County
Buckingham County
Charles City County
Cumberland County
Franklin County
Giles County
Gloucester County
Goochland County
Halifax County
Highland County
King and Queen County
Loudoun County
Mathews County
Middlesex County
Montgomery County
New Kent County
Patrick County
Prince William County
Pulaski County
Richmond County
Roanoke County
Spotsylvania County
Washington County
Westmoreland County
Not Eliaible -
No Revision Pendina
(Eligibility suspended 7/1/2005)
Accomack County
Amelia County
Amherst County
Appomattox County
Bath County
Carroll County
Clarke County
Craig County
Culpeper County
Essex County
Fauquier County
Fluvanna County
Frederick County
Grayson County
Greene County
Hanover County
James City County
King William County
Lancaster County
Lee County
Lunenburg County
Madison County
Mecklenburg County
Nelson County
Northampton County
Northumberland County
Nottoway County
Orange County
Page County
Powhatan County
Prince George County
Rappahannock County
Rockbridge County
Surry County
Sussex County
Warren County
York County
A number of counties currently found Not Eliqib/e - No Revision Pendina are evaluating their ordinance to determine
the revisions required to comply with §33.1-72.1. Although a number are expected to achieve compliance, in the
absence of a commitment to make the necessary revisions required to comply with §33.1-72.1.B, Code of Virginia,
VDOT is unable to honor rural addition requests from those counties after July 1, 2005, until qualifying ordinance
revisions are adopted and the county fully satisfies §33.1-72.1.B, which reads:
B. "County," as used in this section, means a county in which the secondary system of the state highways is
constructed and maintained by the Department of Transportation and which has adopted a local ordinance for control
of the development of subdivision streets to the necessary standards for acceptance into the secondary system.
Supplied by VDOT Local Assistance Division
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Temporary Signs
SUBJECT/PROPOSAL/REQUEST:
Fees for permitted temporary signs
AGENDA DATE:
July 6, 2005
ACTION: X
INFORMATION:
CONSENT AGENDA:
ACTION:
INFORMATION:
STAFF CONTACT(S):
Messrs. Tucker, Foley, Davis, Kamptner, Graham,
and Ms. McCulley
REVIEWED BY:
~
ATTACHMENTS: No
LEGAL REVIEW: Yes
BACKGROUND:
At the request of several Board members, staff is working on two issues related to temporary signs for the Board's
consideration.
1. The first issue relates to fees charged for temporary signs. These are signs placed on private property and not in
highway rights-of-way. The temporary sign permit fee presents a difficulty to non-profit organizations who are
typically utilizing a sign for fundraising events (car washes, Christmas tree sales, etc.). The question is whether
this fee should be reduced or eliminated.
2. The second issue relates to removal of signs (also typically of a temporary nature) which are unlawfully placed in
the highway rights-of-way. Removal of these signs is a VDoT responsibility. The question is whether the County
should become involved in removal of these signs.
Since the Board's last discussion of item two, staff has been unable to meet with VDOT because Jim Utterback has been
away from the office for an extended period of time. Also, additional research will be needed regarding realistic
approaches to consider in addressing this issue. This item will be addressed at the Board's next regularly scheduled day
meeting.
STRATEGIC PLAN:
Provide effective and efficient County services to the public
DISCUSSION:
When a business or a non-profit holds a temporary outdoor event and intends to use signage to advertise the event, they
must first obtain a zoning compliance clearance for $35 and a temporary sign permit for $35. The majority of applicants for
these events are commercial enterprises; however, some of these applicants are non-profit organizations. (This zoning
clearance fee is not charged for certain places, such as Sam's Club and Fashion Square, who have obtained blanket
approvals. If multiple signs are applied for at the same time, only one sign fee is imposed.) The $70 combined fee is
financially difficult for a non-profit to pay when they may not be clearing much income from the event, such as a car wash.
Temporary signs are permitted for each establishment for a maximum of 15 days each, with a maximum of 4 permits per
year. The most common sign violations are associated with temporary signs, with specific issues being related to: not
obtaining a permit, having too many signs and erecting the sign beyond the time limits. Without a permit requirement, staff
anticipates the number of signs and length of time signs are used would significantly increase.
While the Board can not waive fees without an amendment to the ordinance, on occasion, the Board has approved funding
(donation) to a particular non-profit organization in the amount equal to their fees. Regarding a potential exemption for
churches, as specific issues raised at a recent Board meeting, the County Attorney's office has advised that the
Establishment Clause of the First Amendment to the United State Constitution does not allow the County to exempt only
religious institutions. However, by ordinance amendment, the County could exempt a larger class of organizations such as
non-profits. We note there are a large number of non-profit organizations and it would be difficult to distinguish between
them for exemptions.
AGENDA TITLE: Temporary Signs
July 6, 2005
Page 2 of 3
The administrative cost of determining when the permit is a valid non-profit could easily exceed the revenue recovered by
the fee. There are approximately 60 temporary sign permits approved each year, generating revenue of about $2,000. If
this fee were reduced to $10, as an example, the revenue would drop by $1 ,400. While this nominal fee would not recover
costs and results in a revenue loss, it still encourages people to come in to obtain a permit. Because temporary signs are
so frequently involved in zoning violations, staff recommends we continue to require a sign permit.
BUDGET IMPACT:
Reducing the fee from $35 to $10 would ease the financial burden to groups doing fund raising, but would result in
a $1,400 decrease in revenues. While this is not a significant amount, it does help to offset some of the cost
associated with enforcement of the ordinance, which ultimately helps to control excessive signage.
RECOMMENDATIONS:
Staff recommends that some permit fee remain in place, as it is believed that eliminating the fee completely would result in
significantly more sign violations. Staff would not recommend excluding non-profit organizations from the fees as this would
prove more expensive to administer than simply reducing all of the fees. If the Board is concerned with the cost required
for temporary signs, staff recommends reducing fees for all temporary signs to $10 and subsidizing the difference with tax
dollars.
05.070
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Annual Real Estate Reassessment Update
AGENDA DATE:
July 6, 2005
ACTION: X
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Additional information concerning the
recommendation to change to an annual from the
current biennial reassessment process
CONSENT AGENDA:
ACTION:
INFORMATION:
ATTACHMENTS: No
STAFF CONTACT(S):
Messrs. Tucker, Davis, Wiggans, Woodzell; Ms.
White
REVIEWED BY:
t~
{
LEGAL REVIEW: Yes
BACKGROUND:
At the May 4,2005 meeting of the Board of Supervisors, staff discussed the recommendation to change to an annual from the
current biennial reassessment process. During the discussion, the Board expressed concern about the proposed changes to
the current timetable for appeals. In addition, the Board requested information concerning additional expenditures and
revenues related to the change. This Executive Summary addresses these issues.
STRATEGIC PLAN:
4.2 Fund County services in a fair, efficient manner and provide needed County public facilities and infrastructure.
DISCUSSION:
Appeals - Following the May 4th meeting, staff reviewed the revised timetable as presented to the Board. Staff determined that
the timetable for Assessment Appeal Hearings (appeals to County staff) will not need to change. In other words, if the Board
approves the change, the period for Assessment Appeal Hearings will remain from mid-January (when Reassessment Notices
are mailed) to February 28th. This allows the property owner approximately six weeks for this process. However, to meet the
compressed schedule that annual reassessment requires, staff has determined that the deadline for appeal to the Board of
Equalization (BOE) will need to change from March 31 st to March 15th if annual reassessment is approved. It is important to
note that citizens are allowed to petition the BOE during the entire hearing process (beginning in mid-January), thus giving them
approximately sixty days to petition the BOE.
Expenditures - Staff analyzed the additional expenditure costs and savings related to the change. As noted in the May 4, 2005
Executive Summary, additional costs for the program are for Salaries/Benefits (due to staff reclassifications), printing and
postage of the notices on an annual basis, and the annual costs for the Board of Equalization, which total approximately
$28,000 annually. Expenditure savings will be realized by a reduction in the number of Real Estate Division vehicles, which will
save approximately $12,000 annually. Therefore, the net cost to the Division of changing from a biennial to an annual
reassessment process is approximately $16,000 annually.
Revenues - The chart below details the impact on total Albemarle County Real Estate Tax Revenue. The 13.0% biennial
(6.5% annual) growth rate reflects the average biennial growth in value in Albemarle County over the last five reassessments.
As indicated in the column labeled "Difference", total Real Estate Tax Revenue will increase by $6.4 million in tax year 2008
due to the change from biennial to annual reassessment effective 1/1/2008. This increase in revenue would grow to $8.1
million in tax year 2012. The total difference over the six year period is $21.7 million. In addition, the change to annual
reassessment would impact the County's Revenue Sharing Agreement with the City of Charlottesville. The amount the County
contributes to the City is based on a tax rate of 10 cents per $100 of the total assessed property values from the tax base two
years prior. Changing from a biennial to an annual reassessment would result in this contribution increasing annually. The
AGENDA TITLE:
Annual Real Estate Reassessment Update
July 6, 2005
Page 2
additional contribution to the City would be approximately $1.0 million every other year, beginning in tax year 201 O. This results
in a net increase in revenue over the six-year period of $19.6 million.
ANNUAL VS. BIENNIAL REASSESSMENT
IMPACT ON TOTAL REAL ESTATE TAX REVENUE
Assumptions:
Current Value (1/05) (Billions) $11.7
Growth in Value - 1/05 to 1/07 13.0%
Annual Growth in Value After 1/07 6.5%
Tax Rate (per $100) $0.74
Annual Biennial Revenue
Reassessment - Reassessment - Sharing Net
Tax Tax Revenue Tax Revenue Difference Increase Increase
Year ($ Millions) ($ Millions) ($ Millions) ($ Millions) ($ Millions)
---------------- ----------------- -------------- -------------- --------------
2008 $104.2 $97.8 $6.4 * $6.4
2009 $111.0 $111.0 $0.0 * $0.0
2010 $118.2 $111.0 $7.2 $1.0 $6.2
2011 $125.9 $125.9 $0.0 $0.0 $0.0
2012 $134.0 $125.9 $8.1 $1.1 $7.0
2013 $142.8 $142.8 $0.0 $0.0 $0.0
---------- ----------
TOTAL $736.1 $714.4 $21.7 $2.1 $19.6
* Real estate values used for this calculation are lagged two years. Therefore, annual reassessment,
effective 1/1/08, would not impact the Revenue Sharing Agreement until Tax Year 2010.
AGENDA TITLE:
Annual Real Estate Reassessment Update
July 6, 2005
Page 3
The following chart details the impact on the owner of a median valued home in Albemarle County. The current median valued
home is $275,000. The chart indicates that the owner of a median valued home would pay $511.29 in additional real estate
taxes over the specified six-year period, beginning in tax year 2008.
ANNUAL VS. BIENNIAL REASSESSMENT
IMPACT ON OWNER OF MEDIAN VALUE HOME
Assumptions:
Current Value of Median Home (1/05)
Growth in Value - 1/05 to 1/07
Annual Growth in Value After 1/07
Tax Rate (per $100)
$275,000
13.0%
6.5%
$0.74
Annual Reassessment Biennial Reassessment
----------------------------------- ----------------------------------
Tax Value of Value of
Year Median Home Tax Median Home Tax Difference
--------------- -------------- ------------------ --------------- -----------------
2008 $330,949 $2,449.02 $310,750 $2,299.55 $149.47
2009 $352,460 $2,608.21 $352,460 $2,608.21 $0.00
2010 $375,370 $2,777.74 $352,460 $2,608.21 $169.53
2011 $399,769 $2,958.29 $399,769 $2,958.29 $0.00
2012 $425,754 $3,150.58 $399,769 $2,958.29 $192.29
2013 $453,428 $3,355.37 $453,428 $3,355.37 $0.00
------------- -------------- -----------
TOTAL $17,299.21 $16,787.92 $511.29
RECOMMENDATION:
Staff recommends the implementation of annual reassessment beginning in 2007, effective 1/1/2008.
05.083
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Proposed FY 2005 Budget Amendment
AGENDA DATE:
July 6, 2005
SUBJECT/PROPOSAL/REQUEST:
Public Hearing on the Proposed FY 2005 Budget
Amendment in the amount of $1,974,025.39 and
request approval of amendment and of
Appropriations #2005060, #2005061, and
#2005062, to provide funding for various School and
General Government Programs.
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
STAFF CONTACTlS):
Messrs. Tucker, Breeden, Wiggans; Ms. White
REVIEWED BY: ~
(
LEGAL REVIEW: No
BACKGROUND:
The Code of Virginia § 15.2-2507 stipulates that any locality may amend its budget to adjust the aggregate amount to be
appropriated during the current fiscal year as shown in the currently adopted budget. However, any such amendment which
exceeds one percent of the total expenditures shown in the currently adopted budget or the sum of $500,000, whichever is
lesser, must be accomplished by first publishing a notice of a meeting and holding a public hearing before amending the
budget. The Code section applies to all County funds, Le., General Fund, Capital Fund, E-911, School Self-Sustaining, etc.
STRATEGIC PLAN:
4.2 Fund County services in a fair, efficient manner and provide needed public facilities infrastructure.
DISCUSSION:
The proposed increase of this FY 2005 Budget Amendment totals $1,974,025.39. The estimated expenses and revenues
included in the proposed amendment are shown below:
ESTIMATED EXPENDITURES
Education Fund
Education Programs/Grants
800 Mhz System
Capital Improvement Program
$ 1,012,095.00
$ 102,505.24
$ 699,425.15
$ 160,000.00
TOTAL ESTIMATED EXPENDITURES - All Funds
$ 1,974,025.39
ESTIMATED REVENUES
Local Revenues
State Revenues
Federal Revenues
School Fund Balances
$ 881,520.15
$ 77,500.00
$ 4,990.00
$ 1,010,015.24
TOTAL ESTIMATED REVENUES - All Funds
$ 1 ,974,025.39
The budget amendment is comprised of four (4) separate appropriations, as indicated below:
Approved June 1, 2005:
· One (1) appropriation (#2005059) in the amount of $160,000.00 to fund a transportation study
AGENDA TITLE:
Proposed FY 2005 Budget Amendment
July 6, 2005
Page 2
The three new appropriations are as follows:
· Two (2) appropriations (#2005060, and #2005062) in the amounts of $1,112,505.24 and $2,095.00
respectively for various school programs and donations; and
· One (1) appropriation (#2005061) in the amount of $699,425.15 for the 800 MHz Program.
A detailed description of these requests is provided on Attachment A.
BUDGET IMPACT:
The budget impact is detailed in the Discussion and in Attachment A.
RECOMMENDATIONS:
Staff recommends approval of the FY 2005 Budget Amendment in the amount of $1 ,974,025.39, after the public hearing,
and then approval of Appropriations #2005060, #2005061, and #2005062, and to provide funds for various General
Government and School programs as described in Attachment A.
05.077
Attachment A
Appropriation #2005060 $1.112.505.24
Albemarle County Public Schools received a Bicycle Safety Program Grant award from the Virginia Department of Health
Center for Injury and Violence Prevention in the amount of $4,990.00 for FY 04/05. The program will implement an
interactive bicycle/helmet safety unit of study among students as part of the health and physical education curriculum.
Students will participate in "on-the-bike" activities in a controlled environment to learn safety skills and behaviors that
prevent bicycle related injuries and fatalities. There is also a local fund balance in the amount of $15.24 from FY 03/04 that
may be reappropriated for FY 04/05.
The Virginia Commission for the Arts has awarded Touring Grants to Crozet Elementary in the amount of $750.00, Greer
Elementary in the amount of $750.00, Murray Elementary in the amount of $250.00, and Yancey Elementary in the amount
of $750.00. These grant awards will help fund a Theatre IV performance at each school.
The Virginia Department of Education has awarded Albemarle County Public Schools a Project Graduation Regional
Academy Grant in the amount of $75,000.00. This grant is a state funded non-competitive grant awarded to collaborative
remedial efforts of two or more school divisions within each Superintendent's Study Group Region. Each school division will
be allocated a per pupil amount based on the number of students identified. Albemarle County Public Schools is serving as
the fiscal agent for this grant. Funds from the Regional Academy Grant will be used to hold the Spring Academy that will
target senior students scheduled to graduate Spring 2005 who have not yet passed the SOL end-of-course exam to earn a
verified credit in English: Reading, English: Writing, or Algebra I.
At the beginning of FY 04/05, the use of one-time funds was limited due to revenue uncertainties associated with the
Personal Property Tax Relief Act (PPTR). Now that the Commonwealth has resolved the issues of the timing of payments
to localities, one-time funds can now be finally distributed according to previous School Board decisions reached in July
2004. Significant quantities of fund balance have been held to meet obligations. These two current year obligations are
$750,000.00 to school bus replacement and $260,000.00 to cover additional unbudgeted increases in fuel expenses. One
other appropriation correction is also needed for the computer equipment replacement fund. No additional fund balance is
required as sufficient transfers are budgeted within the School Fund; however, insufficient expenditure authority was initially
given to this fund.
The Saint John the Baptist in the Woods Foundation is partnering with Yancey Elementary School to establish CLUB
YANCEY, a place to explore the possibilities of what students can be - providing students the opportunity and the means to
achieve their potential. CLUB YANCEY will be a customized program operated through the Extended Day Program with a
focus on: at-school homework completion, culture and the arts, civic duty, extraordinary field trips, sports and outdoors,
health and obesity, and community partnerships. CLUB YANCEY will be free of charge to 37 students, almost four times
the number of students previously participating in the after school program. The Office of Instruction will need to provide
funding in the amount of $10,895 in addition to the salary supplement provided by the St. John the Baptist in the Woods
Foundation.
Accropriation #2005061 $699.425.15
The original appropriation for the 800 MHz system was based on radio units needed five years ago. This additional
$699,425.15 includes current needs for the County, City of Charlottesville, University of Virginia, and the
Charlottesville/Albemarle Airport, since Albemarle serves as the fiscal agent for this project. Albemarle County will fund its
share of the additional costs through the use of E-911 service charges.
Appropriation #2005062 $2.095.00
Woodbrook Elementary School received a donation in the amount of $500.00 from the State Farm Companies
Foundation. This donation will be used by the School Community Group to assist with neighborhood based activities
and to train parents and teachers on focus areas and to support the homework club for the students at Wood brook
Elementary School.
Murray Elementary School received donations in the amount of $1 ,595.00. Amy Webb donated $500.00, Real Estate
III donated $500.00, Tim and Erin Spencer donated $50.00, W. Carter and Gail Hoerr donated $25.00, Greg Leffler
with State Farm donated $100.00, Jeanne Runkle donated $400.00 and an anonymous donation in the amount of
$20.00. These donations will be used to help with expense for the 0.1. Team to compete at Global.
COUNTY OF ALBEMARLE
APPROPRIATION
APP#
DATE
BATCH#
2005060
Various Education Programs and Grants
EXPLANATION:
SUB LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT
1 2111 61311 800100 Impr/lnst-Rea Adm J 1 (10,895.00)
1 2111 93010 939999 Transfers-Other Funds J 1 10,895.00
1 2432 62320 600800 Vehicle Fuel J 1 260,000.00
1 2432 93010 930000 Transfers-Bus Repl J 1 750,000.00
1 3104 60203 312500 Prof Svc-Inst J 1 750.00
1 3104 60204 312500 Prof Svc-Inst J 1 750.00
1 3104 60213 312500 Prof Svc-Inst J 1 750.00
1 3104 60216 312500 Prof Svc-Inst J 1 250.00
1 3153 61311 800100 Equipment J 1 5,005.24
1 3157 60213 111400 Salaries-Other Manaq J 1 24,000.00
1 3157 60213 210000 FICA J 1 1,836.00
1 3157 60213 210000 VRS J 1 2,779.00
1 3157 60213 231000 Health Ins J 1 2,200.00
1 3157 60213 232000 Dental Ins J 1 80.00
1 3217 63334 137100 PIT Waqes-Bus Driver J 1 1,500.00
1 3217 63334 160300 Stipends J 1 33,450.00
1 3217 63334 210000 FICA J 1 2,775.00
1 3217 63334 312700 Prof Svc-Consultant J 1 33,890.00
1 3217 63334 420110 School Transportation J 1 385.00
1 3217 63334 601300 Ed/Rec Supplies J 1 3,000.00
1 3905 62320 800506 School Bus- ReDI J 1 750,000.00
1 3907 61101 800700 ADP Equip-Add'l J 1 100,000.00
2 2000 51000 510100 Approp-Fund Balance J 2 1,010,000.00
2 3104 24000 240266 T ourinç¡ Grant-Murrav J 2 250.00
2 3104 24000 240295 Touring Grant J 2 2,250.00
2 3153 33000 300001 Bicycle Safety Grant J 2 4,990.00
2 3153 51000 510100 Approp-Fund Balance J 2 15.24
2 3157 18000 181254 Kluae/Club Yancey Gran J 2 20,000.00
2 3157 51000 510109 Transfer-In J 2 10,895.00
2 3217 24000 240296 Project Graduation J 2 75,000.00
2 3905 51000 512001 Transfers-Bus Repl J 2 750,000.00
2 3907 51000 510109 Transfers-Computer Eau J 2 100,000.00
3153 0501 Est. Reyenue 5,005.24
3153 0701 Appropriation 5,005.24
3104 0501 Est. Revenue 2,500.00
3104 0701 Appropriation 2,500.00
3217 0501 Est. Revenue 75,000.00
3217 0701 Appropriation 75,000.00
2000 0501 Est. Revenue 1,010,000.00
2000 0701 Appropriation 1,010,000.00
3905 0501 Est. Revenue 750,000.00
3905 0701 Appropriation 750,000.00
3907 0501 Est. Revenue 100,000.00
3907 0701 Appropriation 100,000.00
3157 0501 Est. Revenue 30,895.00
3157 0701 Appropriation 30,895.00
TOTAL 3,946,800.48 1,973,400.24 1,973,400.24
PREPARED BY:
BD. OF SUPV APPROVAL:
ACCT. APPROVAL:
ENTERED BY:
Melyin Breeden
Ella W. Carey
DATE:
DATE: 7/6/2005
DATE:
DATE:
COUNTY OF ALBEMARLE
APPROPRIATION
APP#
DATE
BATCH#
2005061
Funding for 800 MHz Radio System addition radio units.
EXPLANATION:
SUB LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT
1 4110 31060 800308 Radio Units J 1 699,425.15
1 4110 31060 800308 Radio Units-ECC J 1 19,605.50
1 4110 31060 999999 Continaencv J 1 (19,605.50)
1 4101 93010 930024 Trs. To G/F CIP-Radio J 1 496,719.00
1 9010 31000 800305 County Radio Units J 1 496,719.00
J
2 4110 16000 160502 Citv J 2 152,222.78
2 4110 16000 160503 County J 2 496,719.00
2 4110 16000 160512 Univ. of Va. J 2 35,576.18
2 4110 16000 160534 Airoort J 2 14,907.19
2 4101 12000 120605 E911 Service Charae J 2 496,719.00
2 9010 51000 512027 Trs from E911 J 2 496,719.00
4110 0501 Est. Revenue 699,425.15
4110 0701 Appropriation 699,425.15
4101 0501 Est. Revenue 496,719.00
4101 0701 Appropriation 496,719.00
9010 0501 Est. Revenue 496,719.00
9010 0701 Appropriation 496,719.00
TOTAL 3,385,726.30 1,692,863.15 1,692,863.15
PREPARED BY:
BD. OF SUPV APPROVAL:
ACCT. APPROVAL:
ENTERED BY:
Melvin Breeden
Ella W. Carey
DATE: 6/15/2005
DATE: 7/6/2005
DATE:
DATE:
COUNTY OF ALBEMARLE
APPROPRIATION
APP#
DATE
BATCH#
2005062
EXPLANATION:
Education donation
SUB LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT
2 2000 18100 181109 Donations J 2 2,095.00
1 2212 61411 580500 Staff Development J 2 500.00
1 2215 61411 580000 Misc. Exoenses J 2 1,595.00
2000 0501 Est. Revenue 2,095.00
2000 0701 Appropriation 2,095.00
TOTAL 4,190.00 2,095.00 2,095.00
PREPARED BY:
BD. OF SUPV APPROVAL:
ACCT. APPROVAL:
ENTERED BY:
Melvin Breeden
Ella W. Carey
DATE:
DATE: 7/6/2005
DATE:
DATE:
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Proposed FY 2006 Budget Amendment
AGENDA DATE:
July 6, 2005
SUBJECT/PROPOSAL/REQUEST:
Public Hearing on the Proposed FY 2006 Budget
Amendment in the amount of $3,565,334.00 and
request approval of amendment and of
Appropriations #2006001, #2006002, #2006003 and
#2006004 to provide funding for various ECC and
General Government Programs.
ACTION: X
INFORMATION:
CONSENT AGENDA:
ACTION:
INFORMATION:
ATTACHMENTS: Yes
STAFF CONTACT(S):
Messrs. Tucker, Breeden, Wiggans; Ms. White
REVIEWED BY:
r
LEGAL REVIEW: No
BACKGROUND:
The Code of Virginia § 15.2-2507 stipulates that any locality may amend its budget to adjust the aggregate amount to be
appropriated during the current fiscal year as shown in the currently adopted budget. However, any such amendment which
exceeds one percent of the total expenditures shown in the currently adopted budget or the sum of $500,000, whichever is
lesser, must be accomplished by first publishing a notice of a meeting and holding a public hearing before amending the
budget. The Code section applies to all County funds, i.e., General Fund, Capital Fund, E-911, School Self-Sustaining, etc.
STRATEGIC PLAN:
4.2 Fund County services in a fair, efficient manner and provide needed public facilities infrastructure.
DISCUSSION:
The proposed increase of this FY 2006 Budget Amendment totals $3,565,334.00. The estimated expenses and revenues
included in the proposed amendment are shown below:
ESTIMATED EXPENDITURES
General Fund
General Government Programs
Emergency Communications Center
$ 3,000.00
$ 1,500.00
$ 3.560.834.00
TOTAL ESTIMATED EXPENDITURES - All Funds
$ 3,565,334.00
ESTIMATED REVENUES
Local Revenues
State Revenues
Federal Revenues
ECC Fund Balance
$ 3,064,673.00
$ 252,778.00
$ 23,501.00
$ 224.382.00
TOTAL ESTIMATED REVENUES - All Funds
$ 3,565,334.00
The budget amendment is comprised of four (4) separate appropriations, as indicated below:
· One (1) appropriation (#2006001) to provide funding for the Save the Fireworks organization and to
forgive the remainder of the East Rivanna Volunteer Fire Station debt;
AGENDA TITLE:
Proposed FY 2006 Budget Amendment
July 6,2005
Page 2
· One (1) appropriations (#2006002) in the amounts of $3,560,834.00 to formally appropriate operating
funds to the Emergency Communications Center for FY 05/06;
· One (1) appropriation (#2006003) in the amount of $3,000.00 for various fire/rescue child safety
initiatives; and
· One (1) appropriation (#2006004) in the amount of $1 ,500.00 for mental health and substance abuse
services.
A detailed description of these requests is provided on Attachment A.
RECOMMENDATIONS:
Staff recommends approval of the FY 2006 Budget Amendment in the amount of $3,565,334.00, after the public hearing,
and then approval of Appropriations #2006001, #2006002, #2006003, and #2006004, to provide for the ECC fund and for
various General Government programs as described in Attachment A.
05.078
Attachment A
Appropriation #2006001 $54.313.00
At the June 1, 2005 Board meeting, the Board approved $10,000.00 for the Save the Fireworks organization and
$41,930.00 to the East Rivanna Volunteer Fire Department for forgiveness of a loan to purchase a piece of apparatus for
the department. In addition, to fund the SPCA fully in accordance with the service agreement, an additional $2,383.00 is
required.
Funding for these items will be transferred from the Board's reserve.
Appropriation #2006002 $3.560,834.00
This formally appropriates $3,560,834.00 to the Emergency Communications Center for operations for the FY 05/06
budget, since Albemarle County serves as the fiscal agent for the ECC.
Appropriation #2006003 $3.000.00
A transfer from the Fire/Rescue Contribution Fund of $3,000.00 will allow the Fire/Rescue Department to purchase a new
laptop computer and additional car seats for the child passenger safety program.
Appropriation #2006004 $1.500.00
The County, along with the City of Charlottesville and Region 10 CSB, has entered into an agreement to provide mental
health and substance abuse services to the Charlottesville/Albemarle area. Under this agreement, federal funding is
available for reimbursement or expenses incurred. Forthe period of December 1, 2004 to May21, 2006, the County can be
reimbursed for $1,500.00 for incidental costs for the mental health worker housed at the agency.
COUNTY OF ALBEMARLE
APPROPRIATION
APP#
DATE
BATCH#
2006001
EXPLANATION:
Funding Save the Fireworks organization and East Rivanna Debt.
SUB LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT
1 1000 790000 560413 Save the Fireworks J 1 10,000.00
1 1000 32020 561100 E. Riv. VFD Debt J 1 41,930.00
1 1000 39000 565500 SPCA J 1 2,383.00
1 1000 950000 999990 BOS Continqency J 1 (54,313.00)
TOTAL 0.00 0.00 0.00
PREPARED BY:
BD. OF SUPV APPROVAL:
ACCT. APPROVAL:
ENTERED BY:
Melvin Breeden
Ella W. Carey
DATE:
DATE:
DATE:
DATE:
7/1/2005
7/6/2005
COUNTY OF ALBEMARLE
APPROPRIATION
APP#
DATE
BATCH#
2006002
EXPLANATION:
Emergency Communications Center FY 05/06 Appropriation
SUB LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT
1 4100 ECC Operations J 1 3,560,834.00
2 4100 Local Revenues J 2 3,061,673.00
2 4100 State Revenues J 2 252,778.00
2 4100 Federal Revenues J 2 22,001.00
2 4100 Use of Fund Balance J 2 224,382.00
4100 0501 Est. Revenue 3,560,834.00
4010 0701 Appropriation 3,560,834.00
TOTAL 7,121,668.00 3,560,834.00 3,560,834.00
PREPARED BY:
BD. OF SUPV APPROVAL:
ACCT. APPROVAL:
ENTERED BY:
Melvin Breeden
Ella W. Carey
DATE:
DATE:
DATE:
DATE:
7/1/2005
7/6/2005
COUNTY OF ALBEMARLE
APPROPRIATION
APP#
DATE
BATCH#
2006003
EXPLANATION:
Fire/Rescue Donations
SUB LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT
2 8405 18000 181114 Don ations-Fi re/Rescue J 2 3,000.00
2 1000 510000 512008 Trs. Fr. Contribution Fd J 2 3,000.00
1 8405 93010 930009 Trs to General Fund J 1 3,000.00
1 1000 32015 561415 Car Seat Safety Proqrarr J 1 1,000.00
1 1000 32015 800700 ADP Equipment J 2 2,000.00
8405 0501 Est. Revenue 3,000.00
8405 0701 Aooropriation 3,000.00
1000 0501 Est. Revenue 3,000.00
1000 0701 Aoorooriation 3,000.00
TOTAL 12,000.00 6,000.00 6,000.00
PREPARED BY:
BD. OF SUPV APPROVAL:
ACCT. APPROVAL:
ENTERED BY:
Melvin Breeden
Ella W. Carey
DATE:
DATE:
DATE:
DATE:
7/1/2005
7/6/2005
COUNTY OF ALBEMARLE
APPROPRIATION
APP#
DATE
BATCH#
2006004
EXPLANATION:
Mental and Substance Abuse Services
SUB LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT
2 1660 33000 330001 Federal Revenues J 2 1,500.00
1 1660 53014 332104 Maint. Contract-DP J 1 300.00
1 1660 53014 550100 Travel/TraininQ J 1 525.00
1 1660 53014 520300 Telecommunications J 1 450.00
1 1660 53014 600100 Office Supplies J 1 225.00
4100 0501 Est. Revenue 1,500.00
4010 0701 Appropriation 1,500.00
TOTAL 3,000.00 1,500.00 1,500.00
PREPARED BY:
BD. OF SUPV APPROVAL:
ACCT. APPROVAL:
ENTERED BY:
Melvin Breeden
Ella W. Carey
DATE:
DATE:
DATE:
DATE:
6/21/2005
7/6/2005
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Natural Heritage Committee
AGENDA DATE:
July 6, 2005
SUBJECT/PROPOSAL/REQUEST:
Approval of documents describing the committee,
including duties, membership and rules of
procedure.
ACTION: X
INFORMATION:
CONSENT AGENDA:
ACTION:
INFORMATION:
STAFF CONTACT(S):
Messrs.: Tucker, Foley, Davis, Kamptner, Graham,
Cilimberg, Benish, Clark
LEGAL REVIEW: Yes
REVIEWED BY:
r
ATTACHMENTS: Yes
BACKGROUND:
In November 2001, the Board of Supervisors authorized the creation of a Biodiversity Work Group (BWG), whose charge was
to begin the Biodiversity Assessment of the County called for in the Natural Resource and Cultural Assets chapter of the
Comprehensive Plan, and to advise the Board on the composition of a permanent advisory committee on biodiversity issues.
The BWG was made up of citizen volunteers including local naturalists, professionals in biological and environmental sciences,
and experts in environmental education. On December 1,2004, the Board accepted the report of the Biodiversity Work Group.
On March 2, 2005, the Board authorized the creation of the standing Natural Heritage Committee, a technical advisory group on
biodiversity issues, as recommended by the Natural Resources and Cultural Assets chapter of the Comprehensive Plan. On
May 4, 2005 (see report in Attachment A), the Board considered the attached documents needed to define and set up the
Committee (now labeled as attachments B through D), but postponed action in order to get more input.
STRATEGIC PLAN:
Goal: 2.1 Protect and/or preserve the County's rural character
Goal: 2.2 Protect and/or preserve the County's natural resources
Goal: 3.3 Develop and implement policies that address the county's growth and urbanization while continuing to enhance the
factors that contribute to the quality of life in the county.
DISCUSSION:
The Board asked for more time to receive input from interested parties. Following is a summary of the issues raised in e-mails
from Board members (attachments F through J). These are open questions; no consensus has been reached yet.
· Committee residence requirements: The original proposal was to permit non-County residents to join the
Committee, as the pool of applicants is relatively small. Alternative suggestions by Board members include requiring
that a majority of members be County residents, or that all members be County residents (with most being
representatives of specific magisterial districts).
· Committee providing comment on selected development proposals: At the May meeting, it was recommended
that the Committee not be given this assignment until Mr. Graham had presented his report on streamlining the review
process. That report was presented in June and the Board has requested additional information. Some Board
members have commented that this task should remain, while others have proposed (Attachment J) to limit this task to
Board requests for information only (rather than the Committee reviewing a project at the request of staff or the
Planning Commission), specifically requiring that the input not require any additional review time.
· Committee composition: One Board member has suggested changing the composition of the Committee from 10 to
12 experts in the technical fields listed in the Fact Sheet to 9 members (three technical experts, three landowners
involved in agriculture or forestry, and three developers.) This would change the character of the proposed Committee
recommended by the original Biodiversity Work Group, which is particularly intended to serve as a source of expertise
AGENDA TITLE:
Natural Heritage Committee
July 6, 2005
Page 2
· on technical topics. The primary role of the Committee is intended to be assisting in the updating and maintaining of
the Biodiversity Assessment, which would best be served by the input of an advisory committee of experts.
· Rules of Procedure: One Board member has proposed some changes to the Rules of Procedure, including term
limits for chairs and vice-chairs, and some minor procedural clarifications.
RECOMMENDATIONS:
Staff recommends that the Board determine what changes it desires to make to the Committee's Fact Sheet, Charge and Outline
of Tasks, and Rules of Procedure, and direct staff to begin establishing the Committee based on those changes. However, staff
recommends that the Board defer implementation of Task F of the committee's charge until the committee has had the
opportunity to propose guildelines to the Board regarding the review of development proposals. The Board can then advise both
staff and the committee regarding any protocol it may feel is necessary in the development review process.
ATTACHMENTS
A. May 4, 2005 Executive Summary
B. May 4, 2005 Natural Heritage Committee Fact Sheet
C. May 4, 2005 Natural Heritage Committee Charge and Outline of Tasks
D. May 4,2005 Natural Heritage Committee Rules of Procedure
E. E-mail requesting Board input
F. E-mail from Mrs. Thomas in response (June 9, 2005)
G. E-mail from Mr. Rooker in response (June 9, 2005)
H. E-mail from Mr. Graham in response (June 10, 2005)
I. E-mail from Mr. Rooker in response (June 10, 2005)
J. Proposed Revisions from Mr. Boyd to Fact Sheet, Charge and Outline of Tasks, and Rule of Procedure
05.079
Attachment A
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Natural Heritage Committee
AGENDA DATE:
May 4, 2005
ACTION:
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Approval of documents describing the committee,
including duties, membership and rules of
procedure.
CONSENT AGENDA:
ACTION: X
INFORMATION:
STAFF CONTACTlS):
Tucker, Foley, Davis, Kamptner, Graham, Cilimberg,
Benish, Clark
ATTACHMENTS: Yes
REVIEWED BY:
LEGAL REVIEW: YES
BACKGROUND:
On March 2, 2005, the Board authorized the creation of the standing Natural Heritage Committee, a technical advisory group
on biodiversity issues, as recommended by the Natural Resources and Cultural Assets chapter of the Comprehensive Plan.
Staff is now presenting the documents necessary for establishing the Committee for the Board's approval.
STRATEGIC PLAN:
Goal: 2.1 Protect and/or preserve the County's rural character
Goal: 2.2 Protect and/or preserve the County's natural resources
Goal: 3.3 Develop and implement policies that address the county's growth and urbanization while continuing to enhance the
factors that contribute to the quality of life in the county.
DISCUSSION:
Staff has prepared the necessary documents for the establishment of the Committee. The Fact Sheet (Attachment A) and
the Charge and Outline of Tasks (Attachment B) are based on the Biodiversity Work Group report accepted by the Board on
February 2, 2005.
The fact sheet states that the committee should include ten to twelve members. Although this would make for a fairly large
committee, staff and the Work Group felt that a smaller committee would not accommodate the necessary range of
experience.
The fact sheet also lists the qualifications and backgrounds needed for the Committee. These qualifications are intended to
support the Committee's role as a technical advisory group. The list includes several fields that are important to the
Committee's success. However, it also suggests inclusion of landowners and citizens who have an interest in biodiversity
conservation.
Staff recommends that membership not be limited to County residents. Given the relatively small number of potential
members with the necessary expertise, staff hoped to avoid preventing the participation of any interested and capable
people. However, the guidelines in the fact sheet do indicate that the total committee membership should consist of some
County residents. If the Board finds it preferable, the guidelines could specify that the general citizen member(s) mentioned
above shall be County residents (it currently states that "if possible" these representatives should be County residents). The
fact sheet also recommends staggering the terms of the initial appointments (four, three, and two years), with four-year
appointments thereafter and no term limits.
A copy of the proposed Rules of Procedure for the Committee is also attached (see Attachment C).
AGENDA TITLE:
Natural Heritage Committee
May 4, 2005
Page 2
RECOMMENDATIONS:
Given the Board's interest in streamlining development review processes, which will be discussed in a work session next
month, staff recommends that the Board defer implementation of Task F of the committee's charge until the impacts on
review processes are better understood. The Board can then advise both staff and the committee regarding any protocol it
may feel is necessary in the development review process.
05.045
Attachment B
NATURAL HERITAGE COMMITTEE
FACT SHEET
Duties/Function: As listed in the attached Charge and Outline of Tasks.
Length of Term: Initial appointments will include four four-year appointments, four three-
year appointments, and four two-year appointments. Thereafter,
appointments will be for four years.
Frequency/Meeting Times: Monthly
Membership/Qualifications: The Board of Supervisors shall appoint ten to twelve members.
Applicants need not be County residents. However, total committee
membership should consist of some County residents. The Committee
should include members with expertise or background in one or more of
the following fields, to support the Committee's role as a technical
advisory group:
natural history (including those with detailed knowledge
of local wildlife, plants, and other resources);
terrestrial, aquatic, and landscape ecology;
biological conservation and conservation planning;
population genetics;
forestry;
geology and soils;
geographic information systems for conservation;
science education (adult and youth).
The group should also include local landowners and citizens with interests
in biodiversity conservation, farming and forestry, and conservation-
oriented rural and urban development. If possible, these general citizen
representatives should be residents of the County.
Copy of App't Letter to:
Scott Clark, Community Development Department
Attachment C
NATURAL HERITAGE COMMITTEE
CHARGE and OUTLINE OF TASKS
CHARGE
The Natural Heritage Committee is an advisory committee that maintains the County's Biodiversity
Assessment; advises the Board of Supervisors, the Planning Commission, and County staff on
applying biodiversity information to land-use decision-making; and supports biodiversity education
in the County.
OUTLINE OF TASKS
A. Input on and oversight of the maintenance, expansion, updating, and evaluation of the ongoing
Biodiversity Assessment begun by the Biodiversity Work Group, and development of a protocol for
assessing changes in the state of biodiversity (with reference to planning goals).
B. Assistance in staff development of an action plan that specifies detailed steps for achieving
protection of biodiversity as outlined in the Comprehensive Plan.
C. Development of policy recommendations to the Board in response to biodiversity issues and
information gathered from the Biodiversity Assessment. The Committee should be consulted on
programs, regulations, and Comprehensive Plan changes that may affect biodiversity protection.
D. Development of educational materials and programs on biodiversity.
E. Provision of periodic reports to the Board of Supervisors on the state of biodiversity in the
County.
F. At the request of the staff, Planning Commission or Board of Supervisors, review selected
development proposals for biodiversity impacts, and provide comment regarding the impacts,
potential mitigation measures, and/or alternative approaches to the development.
Attachment D
ALBEMARLE COUNTY NATURAL HERITAGE COMMITTEE
RULES OF PROCEDURE
1. Officers
A. Chairman. At its annual meeting, the Committee shall elect a Chairman who, if present, shall
preside at the meeting and at all other meetings during the year for which elected.
B. Vice-Chairman. At its annual meeting, the Committee shall elect a Vice-Chairman, who, if
present, shall preside at meetings in the absence of the Chairman and shall discharge the duties
of the Chairman during his absence or disability.
C. Secretary. At its annual meeting, the Committee shall elect a Secretary, who, if present, shall
record the proceedings of the meeting.
D. Term of Office. The Chairman and Vice-Chairman shall be elected for one-year terms; but either
or both may be re-elected for one or more additional terms.
E. Absence of Chairman and Vice-Chairman. If the Chairman and Vice-Chairman are absent from
any meeting, a present member shall be chosen to act as Chairman.
2. Meetin2s
A. Annual Meeting. The first meeting in January of each year shall be mown as the annual
meeting. At the annual meeting, the Committee shall establish the day, time, and place for
regular meetings of the Committee for that year, and shall elect the chairman, vice-chairman, and
secretary.
B. Regular Meetings. The Committee shall meet in regular session at the time and place and on the
day or days established for regular meetings. The Committee may subsequently establish a
different day, time, or place to conduct its regular meetings by passing a resolution to that effect.
If the Chairman, or the Vice-Chairman if the Chairman is unable to act, finds and declares that
weather or other conditions are such that it is hazardous for Committee members to attend a
regular meeting, the meeting shall be continued to the next regular meeting date. This finding
shall be communicated to the members of the Committee and to the press as promptly as
possible.
Without further public notice, a regular meeting may be adjourned from day to day or from time
to time or from place to place, not beyond the time fixed for the next regular meeting, until the
business of the Committee is complete.
C. Attendance. Two unreported absences from regular meetings shall be considered grounds for
dismissal from the Committee.
3. Order of Business
A. Establishment of Agenda. The agenda for each regular meeting shall be established by
staff in consultation with the Chairman.
B. Organization of the Agenda. The agenda of each regular meeting shall be organized in
substantially the following order, subject to change at the request of the Chairman and
with the consensus of the other members of the Committee:
(1) Call to order
(2) Announcements
(3) Scheduled presentations
(4) Discussion Items
(5) Subcommittee Updates
(6) Other business
(7) Adjourn
C. Deferrals. The Committee may defer any matter at the request of a member of the
Committee or County staff. The request may be either oral or in writing, and may be
made at any time prior to the vote on the matter. The person making the request shall state
the reasons therefor. A motion to defer shall either specify the date to which the matter is
deferred or defer the matter indefinitely.
4. Quorum
A simple majority of the appointed members of the Committee shall constitute a quorum for any meeting
of the Committee. If, during a meeting, less than a majority of the members of the Committee remains
present, no action can be taken except to adjourn the meeting. If, prior to adjournment, a quorum is again
established, the meeting shall continue.
5. V otine Procedures
A. Avvroval of Motion bv Ma;ority. Except for a decision on a motion of the previous
question, each decision of the Committee shall be made by approval of a majority of the
members present and voting on a motion properly made by a member and properly
seconded by another member. Any motion that is not seconded shall not be further
considered.
B. Manner of Vote. The vote on a motion pertaining may be either by roll call vote or voice
vote, in the discretion of the Chairman; provided that a roll call vote on such a motion
shall be required if requested by a member of the Committee. For each roll call vote, staff
shall record the name of each member voting and how the member voted on the motion.
F or each voice vote, staff shall record the result of the vote.
C. Tie Vote. A tie vote shall defeat the motion voted upon.
D. Abstention. If any member abstains from voting on any motion, he shall state his
abstention. The abstention shall be announced by the Chairman and recorded by staff.
E. Motion to Amend. A motion to amend a motion before the Committee shall be discussed
and voted by the Committee before any vote is taken on the original motion unless the
motion to amend is accepted by both the members making and seconding the original
motion. If the motion to amend is approved, the amended motion is then before the
Committee for its consideration. If the motion to amend is not approved, the original
motion is again before the Committee for its consideration.
6. Amendment of Rules of Procedure
These Rules of Procedure may be amended by a majority vote of the Committee at the next regular meeting
following a regular meeting at which notice of the motion to amend is given.
7. Suspension of Rules of Procedure
These Rules of Procedure may be suspended by the majority vote of the members of the Committee present
and voting. The motion to suspend a rule may be made by any member of the Committee. Upon a proper
second, the motion may be discussed and voted. The effect of the motion to suspend a rule, if approved, is to
make that rule inapplicable to the matter before the Committee; provided, however, approval of a motion to
suspend the rule shall not permit the Committee to act in violation of a requirement mandated by the Code of
Virginia, the Constitution of Virginia, or any other applicable law.
8. Rules of Procedure not Covered bv These Rules of Procedure
Any rules of procedure not covered by these Rules of Procedure shall be governed by the current Robert's
Rules of Order.
Attachment E
From: Scott Clark
Sent: Thursday, June 09, 2005 10:07 AM
To: Board of Supervisors members
Cc: Ella Carey
Subject: Feedback on Natural Heritage Committee
Importance: High
Hello--
At the May day meeting, the Board asked staff to bring back the report on the Natural Heritage Committee after
allowing some time for input from interested parties and from the Board. This item is scheduled for the 7/6 day
meeting. In order to have this executive summary prepared on time, I'll need to have your input by next Tuesday (June
14).
So far, the only comments are those from the previous meeting. We will change the charge to specify that a majority of
members should be County residents, and we will note that Task F (review of selected projects) will not be given to the
Committee until the larger consideration of review processes has been completed. If you have any other comments,
please let me know by the 14th.
Thanks for your time.
Yours,
Scott Clark, Senior Planner
Albemarle County Community Development Dept.
401 Mcintire Rd., Rm 227, Charlottesville VA 22902
ph 434.296.5823 x.3325 I fax 434.972.4012
Attachment F
From: Sally Thomas
Sent: Thursday, June 09, 2005 2:09 PM
To: Scott Clark; Board of Supervisors members; Bob Tucker
Cc: Ella Carey; Mark Graham
Subject: RE: Feedback on Natural Heritage Committee
What you are reporting are comments by individual board members, as I recall. I think that since the Board will
be doing the appointing, we can take care of what members there are and what county/out-of-county balance we
find necessary to produce the best committee. But, if we are into over-legislating, you can state that we require
a majority of members be from the County. I simply think it's not necessary to make it a requirement.
We've now, last week, had our report on how the approval process is proceeding in the Community
Development Department. I specifically asked if having the various departments and committees involved in the
review process slowed down the approval process. Mark Graham's answer was that it did not. At the
appropriate time, staff gets comments from Police, Historic Preservation, Engineering, VDOT, etc. Read last
week's report for more details. I have not had any evidence that having one more committee make comments
at the appropriate time will delay the review process. What could delay the process is having slipshod approvals
caused by our failure to learn ahead of time that there are areas of specific concern on a piece of property, and
finding this out after plans have been drawn.
Assuming that we will take regulatory action pursuant to our Rural Areas Comprehensive Plan, newly adopted,
we are about to embark on required clustering of houses in the rural area. On what basis will a cluster be
acceptable? Almost everyone, when asked, believes that the clusters should avoid the most sensitive areas in
terms of natural resource protection. We have staff to determine water protection, for example. Why would we
shut our staff out of receiving technical advice regarding other natural resources? The approvals of clusters will
be done administratively (as required by state law), so that example does not involve the Board of Supervisors,
but there may be other decisions in which the public would want us to know the environmental impact. Why
would we shut ourselves away from local, educated, free expertise? Most communities would have to pay
heavily for the type of expertise that resides in our community and is willing to be of assistance.
This committee should not be the fall-guy for general frustration evolving around our approval process. Until I
am convinced that it will cause inappropriate delays, I do not agree that it should be left out of the development
approval process.
Sally Thomas
Attachment G
From: Dennis Rooker [mailto:dsrooker@earthlink.net]
Sent: Thursday, June 09, 2005 3:17 PM
To: Sally Thomas; Scott Clark; Board of Supervisors members; bob tucker
Cc: Ella Carey; Mark Graham
Subject: Re: Feedback on Natural Heritage Committee
I agree with Sally's comments. There is not, nor has there been a proposal that the Committee have a role in
the development review process, other than to provide information, which we and staff would be getting free of
charge.
This is virtually identical to what the Historic Preservation Committee does; to my knowledge that committee has
never stopped or slowed down the approval process. I can't believe we would prefer to deny ourselves and staff
of free information. I have always believed that part of governing was to do the best we can to make informed
decisions.
Attachment H
From: Mark Graham
Sent: Friday, June 10, 2005 8:35 AM
To: Sally Thomas; Scott Clark; Board of Supervisors members; Bob Tucker
Cc: Ella Carey
Subject: RE: Feedback on Natural Heritage Committee
Sally,
I believe what I said was the time for getting comments from the committees and other departments did not slow
down the review process. At least, that is what I was trying to say. I anticipate we will be able to receive
biodiversity committee comments in a timely fashion. However, I believe I also said the complexity of issues and
levels of detail considered with reviews were among the primary causes of delay with legislative reviews. That is
also stated in the executive summary. In that regard, reviewing for biodiversity does add another parameter to
the project review and this will increase the complexity of reviews. Whether the level of detail required to analyze
biodiversity affects the time to approvals cannot be determined until the biodiversity committee develops its
guidance and we understand how they plan to implement that guidance. For that reason, we recommended
delaying implementation of project review for biodiversity until everyone understood what that review would
involve. This will give the committee a chance to get established, to understand development review processes,
and to develop their guidance before attempting to start reviewing projects. Also, I believe it is important to
recognize that few, if any, people on the biodiversity committee will start with a good understanding of
development review processes or the Board's desire to streamline review processes. As such, I believe it is
appropriate for the County Board to look at their guidance and advise the committee before starting to review
projects for biodiversity.
Attachment I
From: Dennis Rooker [mailto:dsrooker@earthlink.net]
Sent: Friday, June 10, 20059:19 AM
To: Mark Graham; Sally Thomas; Scott Clark; Board of Supervisors members; bob tucker
Cc: Ella Carey
Subject: Re: Feedback on Natural Heritage Committee
Mark's advice seems sound. I think we need to discuss the issue more fully to develop our expectations. I did
not envision that the Biodiversity Committee would become a step in the development review process or that
proposals would be held up waiting on action by the Committee. I did envision that information developed by
the Committee would be made available to the decision makers as part of the process.
Attachment J
Proposed Chanaes from Mr. Bovd
NATURAL HERITAGE COMMITTEE
FACT SHEET
Duties/Function: As listed in the attached Charge and Outline of Tasks.
Length of Term: Initial appointments will include feI::If three four-year appointments, feI::If three
three-year appointments, and feI::If tbre.fLtwo-year appointments. Thereafter,
appointments will be for four years. These initial staaaered terms will be divided
eauallv amona the three cateqories identified under Membershio/Qualifications
b..elow..
Frequency/Meeting Times: Monthly
Membership/Qualifications: The Board of Supervisors shall appoint ton to twolvo nine members. Six will be
selected bv district and three at-lame. AlLapplicants' nood not rn.u.slbe County
residents and those reoresentinq maqisterial districts must live in those
districts. HO'No'/or, tot31 committoo momborship should oonGist of some
County rosidonts. The Committee should include a minimum of at least three
members with expertise or background in one or more of the following fields, to
support the Committee's role as a technical advisory group:
natural history (including those with detailed knowledge of local
wildlife, plants, and other resources);
terrestrial, aquatic, and landscape ecology;
biological conservation and conservation planning;
population genetics;
forestry;
geology and soils;
googr3phio inf-orm3tion systoms for consof"V3tion; Don't we
have staff exoertise?
science education (adult and youth).
Tho group should 31so includo IOc31landO'....nors 3nd oitizons v:ith intorosts in
biodivorsity consorv3tion, f3rming 3nd forostry, and oonsorv3tion oriontod rur31
and urban dovolopmont. If possiblo, thoso gonoral oitizon roprosont3tivos
should bo rosidonts of tho County.
Three members of the committee should be Countv landowners who are
activelv involved in farminq forestrv. or some other form of aqribusiness and
three members should be individuals who are activelv involved in conservative
oriented rural and/or urban develooment
Copy of App't Letter to:
Scott Clark, Community Development Department
Attachment J cont'd
NATURAL HERITAGE COMMITTEE
CHARGE and OUTLINE OF TASKS
CHARGE
The Natural Heritage Committee is an advisory committee that maintains the County's Biodiversity
Assessment; advises the Board of Supervisors, the Planning Commission, and County staff on applying
biodiversity information to land-use decision-making; and supports biodiversity education in the County.
OUTLINE OF TASKS
A. Input on and oversight of the maintenance, expansion, updating, and evaluation of the ongoing
Biodiversity Assessment begun by the Biodiversity Work Group, and development of a protocol for
assessing changes in the state of biodiversity (with reference to planning goals).
B. Assistance in staff development of an action plan that specifies detailed steps for achieving
protection of biodiversity as outlined in the Comprehensive Plan.
C. Advise the staff in the development of policy recommendations to the Board in response to
biodiversity issues and information gathered from the Biodiversity Assessment. The Committee should
he consulted on programs, regulations, and Comprehensive Plan changes that may affect biodiversity
protection.
D. Development of educational materials and programs on biodiversity.
E. Provision of periodic reports to the Board of Supervisors on the state of biodiversity in the County.
F. At the request of the st3ff, PI::¡nning Commission or Board of Supervisors, and without imDactinq the
overalllifecvcle of a Droiect review selected development proposals for biodiversity impacts.,.--aR€!
provideIDg comment regarding the s.u..ch impacts,and potential mitigation measures,. and/or altern3tive
appr03cheG to the development.
Attachment J cont'd
ALBEMARLE COUNTY NATURAL HERITAGE COMMITTEE
RULES OF PROCEDURE
1. Officers
A. Chairman. At its annual meeting, the Committee shall elect a Chairman who, if present, shall preside
at the meeting and at all other meetings during the year for which elected.
B. Vice-Chairman. At its annual meeting, the Committee shall elect a Vice-Chairman, who, if present,
shall preside at meetings in the absence of the Chairman and shall discharge the duties of the
Chairman during his absence or disability.
C. Secretary. At its annual meeting, the Committee shall elect a Secretary, who, if present, shall record
the proceedings of the meeting.
D. Term of Office. The Chairman and Vice-Chairman shall be elected for one-year terms; but either or
ÐetR neither may be re-elected for eAe-ef more addition31 two consecutive terms.
E. Absence of Chairman and Vice-Chairman. If the Chairman and Vice-Chairman are absent from any
meeting, a present member shall be chosen to act as Chairman.
2. Meetinas
A. Annual Meetina. The first meeting in January of each year shall be known as the annual meeting.
At the annual meeting, the Committee shall establish the day, time, and place for regular meetings of
the Committee for that year, and shall elect the chairman, vice-chairman, and secretary.
B. Reaular Meetinas. The Committee shall meet in regular session at the time and place and on the
day or days established for regular meetings. The Committee may subsequently establish a different
day, time, or place to conduct its regular meetings by passing a resolution to that effect.
If the Chairman, or the Vice-Chairman if the Chairman is unable to act, finds and declares that
weather or other conditions are such that it is hazardous for Committee members to attend a regular
meeting, the meeting shall be continued to the next regular meeting date. This finding shall be
communicated to the members of the Committee and to the press as promptly as possible.
Without further public notice, a regular meeting may be adjourned from day to day or from time to time
or from place to place, not beyond the time fixed for the next regular meeting, until the business of the
Committee is complete.
C. Attendance. Two unreported absences from regular meetings shall be considered grounds for
dismissal from the Committee.
3. Order of Business
A. Establishment of Aaenda. The agenda for each regular meeting shall be established by staff in
consultation with the Chairman.
B. Oraanization of the Aaenda. The agenda of each regular meeting shall be organized in substantially
the following order, subject to change at the request of the Chairman and with the consensus of the
other members of the Committee:
(1) Call to order
(2) Announcements
(3) Scheduled presentations
(4) Discussion Items
(5) Subcommittee Updates
(6) Other business
(7) Adjourn
C. Deferrals. The Committee may defer any matter at the request of a member of the Committee or
County staff. The request may be either oral or in writing, and may be made at any time prior to the
vote on the matter. The person making the request shall state the reasons therefor. A motion to
defer shall either specify the date to which the matter is deferred or defer the matter indefinitely.
4. Quorum
A simple majority of the appointed members of the Committee shall constitute a quorum for any meeting of the
Committee. If, during a meeting, less than a majority of the members of the Committee remains present, no action
requirinq a vote can be taken except to adjourn the meeting. If, prior to adjournment, a quorum is again established,
the meeting shall continue with votina Dower reestablished.
5. VotinQ Procedures
A. Aooroval of Motion bv Maioritv. Except for a decision on a motion of the previous question, each
decision of the Committee shall be made by approval of a majority of the members present and voting
on a motion properly made by a member and properly seconded by another member. Any motion that
is not seconded shall not be further considered.
B. Manner of Vote. The vote on a motion pertaining may be either by roll call vote or voice vote, in the
discretion of the Chairman; provided that a roll call vote on such a motion shall be required if
requested by a member of the Committee. For each roll call vote, staff shall record the name of each
member voting and how the member voted on the motion. For each voice vote, staff shall record the
result of the vote.
C. Tie Vote. A tie vote shall defeat the motion voted upon.
D. Abstention. If any member abstains from voting on any motion, he shall state his abstention. The
abstention shall be announced by the Chairman and recorded by staff.
E. Motion to Amend. A motion to amend a motion before the Committee shall be discussed and voted by
the Committee before any vote is taken on the original motion unless the motion to amend is accepted
by both the members making and seconding the original motion. If the motion to amend is approved,
the amended motion is then before the Committee for its consideration. If the motion to amend is not
approved, the original motion is again before the Committee for its consideration.
6. Amendment of Rules of Procedure
These Rules of Procedure may be amended by a majority vote of the Committee at the next regular meeting
following a regular meeting at which notice of the motion to amend is given.
7. Suspension of Rules of Procedure
These Rules of Procedure may be suspended by the majority vote of the members of the Committee present
and voting. The motion to suspend a rule may be made by any member of the Committee. Upon a proper
second, the motion may be discussed and voted. The effect of the motion to suspend a rule, if approved, is to
make that rule inapplicable to the matter before the Committee; provided, however, approval of a motion to
suspend the rule shall not permit the Committee to act in violation of a requirement mandated by the Code of
Virginia, the Constitution of Virginia, or any other applicable law.
8. Rules of Procedure not Covered bv These Rules of Procedure
Any rules of procedure not covered by these Rules of Procedure shall be governed by the current Robert's
Rules of Order
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Rural Area (RA) Comprehensive Plan
Implementation
AGENDA DATE:
July 6, 2005
ACTION: X
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Review alternatives for advancing RA
implementation priorities for mandatory
RPD/clustering.
CONSENT AGENDA:
ACTION:
INFORMATION:
STAFF CONTACT(S):
Messrs.: Tucker, Foley, Graham, Cilimberg, Benish
ATTACHMENTS: Yes
LEGAL REVIEW: Yes
REVIEWED BY:
~
BACKGROUND:
On March 2, 2005, the Board reviewed the major steps needed to implement the strategies contained in the RA Plan. The
initial implementation discussion included the review of key implementation categories (Attachment A of the Attached
March 2, 2005, Executive Summary). In summary, the recommended schedule for RA implementation in March was as
follows:
· Phasing of Development (time release) - April 2005 - April 2006 (to Planning Commission)
· Mandatory Rural Preservation Developments - April 2006 - April 2007 (to Planning Commission)
· Dedicated and Increased Funding for ACE - Board funds in FY 2006-07
· Create RA Support Program Position - Board funds in FY 2006-07
· Crossroads Communities/Alternative Uses in RA - April 2007- April 2009 (to Planning Commission)
· Review of Use Value Taxation Program - TBD
· Pursue Voluntary Donation of Conservation Easements - Somewhat underway
· Track and Monitor Conservation Easements - Begin July, 2005
· Rural Rustic Roads as Alternative - Underway
· Research TOR Programs and Support TOR Legislation - Next General Assembly
· Implement Mountain Overlay District - Consideration underway
· Amend Code for Tours of National and State Registered Historic Sites/Buildings - Consideration underway
This schedule was developed to reflect the expected timeframes to undertake each item in consideration of level of
staffing, the expected scope of work on each item and other work program expectations over the coming four years.
Major projects the Rural Area Planning staff will be working on over the next year are listed below (some of these are
underway now):
· Staffing the Mountain Overlay District (MOD) committee and undertaking the recommendations of the
committee (dependent on when they are completed and subsequent Board decision);
· Update of the Natural Resources and Cultural Assets chapter of the Comprehensive Plan (beginning in July
2005);
· Review for adjustments to ACSA Jurisdictional Areas in the Rural Area (Board request - complete by end of
2nd quarter of FY06);
· Zoning text amendment to address permitting temporary farm worker housing as a use in the RA district
(recent application made to the County);
· Other Rural Area implementation steps:
-begin work on mandatory RPD/clustering ZT A in 3rd quarter of FY 06;
-preparation of FY07 budget submittal information for increased ACE funding and RA Support (must be
prepared in 2nd quarter of FY06);
. Ongoing assignments:
-development review projects (primarily Special Use Permits) and ACSA JA amendment requests;
AGENDA TITLE:
Rural Area (RA) Comprehensive Plan Implementation
July 6, 2005
Page 2
-staffing of Public Recreation Facilities Authority, Ag/Forest District Advisory Committee, ACE Committee and
the Natural Heritage Committee (once established), including continued development of natural heritage
database.
At its March 2nd meeting, the Board expressed concern over the length of time needed to complete implementation of the
zoning text amendments, particularly the mandatory RPD's/clustering (the second of two priorities for implementation).
The Board requested that staff provide further information on alternative means to expedite the text amendments.
STRATEGIC PLAN:
Goal 2.1: Protect and/or preserve the County's rural character.
Goal 2.2: Protect and/or preserve the County's natural resources.
DISCUSSION:
The recommended approach to implementing the ordinance amendments is to work on the highest priority, text
amendments for phasing, first. Once the text amendments for phasing are substantially complete, staff would then begin
work on the mandatory RPD/clustering text amendments. Staff is now in the early stages of working on the phasing text
amendment.
To address the Board's interest in expediting the ZT A process for the mandatory RPD/clustering provisions, it will require
either augmenting current staff resources or a much-abbreviated public involvement process. There are three common
approaches to augmenting resources: 1) contract for consultant services to provide particular deliverables; 2) contract for
additional staff on a temporary basis specifically to complete the text amendments; or 3) hire additional full-time staff which
would require funding a new position within Community Development.
Of these approaches, staff opinion is that the better alternative(s) are to augment staff through either Options 1 or 2.
Option 3 (new permanent staff) does not seem justified for the zoning ordinance amendment work which is a specific task.
Staff believes the mandatory RPD / clustering text amendment will likely be controversial and require a lengthy public
process for concerns to be raised and addressed. Assuming staff follows the typical processes of public involvement, the
additional resources allow work to start sooner, but those resources will not appreciably shorten the time spent on the
effort. Staff anticipates the ordinance change will still take up to 12 months to get to the Planning Commission even with
these additional resources. The primary benefit of the additional resources will be in the ability to begin work on the text
amendments sooner than anticipated with existing staff. With the additional resources described above, and the expected
scope of the work, staff anticipates being able to begin work on the clustering provisions within the next 3 to 6 months,
depending on how quickly funding is made available and how quick/successful the procurement or hiring process is;
therefore, a fairly conservative estimate of the time savings from staffs original schedule is approximately 6 months,
allowing for delivery to the Planning Commission by October, 2006.
Alternatively, if the Board supports staff bringing forward an ordinance amendment by relying on similar ordinances found
in other localities and without the standard ZT A public involvement process at the staff level (multiple focused roundtables),
the delivery time can be reduced to months. Using the above estimate of 3 to 6 months to have the resources in place, it
could be possible to have Planning Commission worksessions on the ordinance amendment by late 2005 or early 2006 in
that situation. However, if staff is correct in anticipating this will be a controversial proposal, that shortened delivery time
might not result in an appreciable quicker time to adoption and could result in antagonizing groups of citizens though the
lack of public involvement.
As noted above, staff has based its timeframe estimates, in part, on an anticipated scope of work. However, the Board
may benefit from seeing staffs proposed amendment focus points before committing additional resources to this work. It
may be that the Board would provide different direction to staff that could change the timeframe necessary to undertake the
work. (The Planning Commission could also be invited to participate in providing feedback and guidance.) As an example,
one option that could shorten the timeline would be to exclude family divisions from phasing requirements. However, if
there is no concurrent amendment to the ordinance that would lengthen the time that properties subdivided by family
AGENDA TITLE:
Rural Area (RA) Comprehensive Plan Implementation
July 6, 2005
Page 3
division must stay within the family, the Board may believe that abuse of family divisions could be a consequence. Also
having to address family divisions would not allow the timeline to be shortened.
The Board may also benefit if staff were to provide more information related to the impact of the phasing ordinance on the
upcoming clustering ordinance provisions. This would help articulate issues and impacts of undertaking the development
of the ordinances separately or together.
BUDGET IMPACT:
It is estimated that a minimum of $60,000 will be needed if additional temporary staff support/consultant is hired to expedite
this project. That cost anticipates a senior planner equivalent working Y2 time on the project for 12 months, then passing
the work to existing staff as the phasing text amendment is completed. The cost of using consultant services is anticipated
to be roughly 1 Y2 times the cost of permanent staff and this estimate also allows for incidental expenses. If the project
proves to be more controversial than anticipated and / or additional resources are needed for administrative support and
legal assistance, the cost estimate could double to $120,000. The recent subdivision text amendment effort demonstrates
how difficult it can be to estimate the time and resources for a controversial ordinance amendment.
RECOMMENDATIONS:
Staff recommends that the Board delay making a decision on commitment of resources until it has received further
information from staff in September regarding the scope and impact of the amendment work. Staff also recommends that
the Board consider inviting the Planning Commission to this presentation to assist in providing feedback and guidance.
If the Board still desires to advance the mandatory RPD/clustering zoning ordinance amendment as quickly as possible,
staff recommends that the Board approve up to $120,000 in funding for the procurement or hiring of additional resources.
ATTACHMENTS
Attachment 1 -- March 2, 2005 Executive Summary
05.080
Attachment A
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Rural Areas (RA) Comprehensive Plan Work
Session
AGENDA DATE:
March 2, 2005
ACTION:
INFORMATION: X
SUBJECT/PROPOSAL/REQUEST:
Discuss any changes to be made to the RA
Comprehensive Plan and review RA implementation
steps
CONSENT AGENDA:
ACTION:
INFORMATION:
STAFF CONTACT(S):
Tucker, Foley, Davis, Cilimberg, Benish, McDowell
ATTACHMENTS: Yes
LEGAL REVIEW: Yes
REVIEWED BY:
BACKGROUND:
On February 9, 2005, the Board of Supervisors conducted a public hearing to receive public comment on the Rural
Areas section of the Comprehensive Plan. Thirty-one people spoke at the hearing and the Board also received written
comments from the public. The Board agreed to consider these comments at the March 2 work session.
In addition, staff advised the Board that steps toward implementing the Rural Areas section would be discussed at the
work session.
STRATEGIC PLAN:
Goal 2.1: Protect and/or preserve the County's rural character.
Goal 2.2: Protect and/or preserve the County's natural resources.
DISCUSSION:
This work session will consist of two components:
1) Discussion of public comments.
2) Review and discussion of RA Comprehensive Plan implementation steps.
In preparation for the discussion of the public comments, the Board was provided minutes of the February 9 public
hearing by the Clerk.
The focus of this report is to identify the major steps needed to implement the strategies contained in the Plan. This
initial implementation discussion includes the review of key implementation categories (Attachment A). These
categories are consolidations of strategies contained in the Plan that are considered by staff to have the highest priority
for implementation. For each of these categories, staff has identified pertinent policy and regulatory changes that will
affect County operations, resource requirements necessary to accomplish these initiatives, and the length of time
needed for the initiatives to be completed by staff. The timing does not include the period during which the Planning
Commission and Board will conduct work sessions and hearings, as that time is less predictable. It should be noted
that the timing takes into consideration a reallocation of assignments (moving from work on the RA Comprehensive
Plan amendment to work on implementing the Plan) based on existing staff resources. In addition, the timing of these
implementation steps does not assume that all implementation steps can take place concurrently; however, some of the
steps are currently underway and some will be ongoing and/or long-term projects.
Determining priority status and implementation impacts of the categories included the following steps:
· Partner Consultation. Planning Staff met with representatives from departments and agencies that will be
involved in implementation, both within and outside the County organization. Each of these implementation
partners identified their resource requirements, service delivery modifications, budget requirements, timing,
etc. that would be necessary for their involvement in implementation of each strategy.
· Assiqninq Cateqories. Each strategy contained in the Comprehensive Plan was assigned to a category
that best represented the programs or tasks that would be necessary to achieve implementation.
· Determination of Key Implementation Cateqories. Development pressures, specifically residential
development, are considered the greatest threat to the Rural Areas. Therefore, each implementation
category was evaluated for its potential to lessen development pressure on the Rural Areas, both in the
short term and for the long term. The key categories in Attachment A were determined to have the
greatest potential to lessen development pressures and were given the highest priority status for
implementation. It should be noted that all categories listed cannot be implemented at the same time. The
Board's assignment of priorities will determine the ultimate order. Staff believes that Phasing of
Development should be the first priority assignment and Mandatory Rural Preservation Developments
(RPD) should immediately follow. The timing given for each of these categories has been based on this
order. Phasing would provide a potential slowing of the pace of new lot creation that would allow time to do
a comprehensive review for RPD standards. However, it should be noted that based on the inventory of
existing undeveloped parcels in the Rural Areas and the historic average of new residential building permit
activity in the Rural Areas, Phasing will not likely affect that building permit activity in the foreseeable
future.
· Determination of Other Implementation CateQories. The categories listed in Attachment B were
determined to have less potential to directly affect development pressures. However, it should be noted
that for other beneficial reasons some of these implementation steps are currently underway or could be
undertaken along with the key categories noted above with minimal impact to staff and other resources.
An asterisk has noted these implementation initiatives in each attachment.
RECOMMENDATIONS:
Staff recommends that the Board discuss the public comments and give final direction to staff as to changes to the draft
RA Comprehensive Plan amendment and set a date for approval of this amendment.
Staff further requests that the Board review staff's recommended implementation priorities and make a final decision as
to the priorities for the RA Comprehensive Plan amendment's implementation. The summary of major staff
recommendations as detailed in Attachments A and B is as follows:
· Phasing of Development (time release) - April 2005 - April 2006 (to Planning Commission)
· Mandatory Rural Preservation Developments - April 2006 - April 2007 (to Planning Commission)
· Dedicated and Increased Funding for ACE - Board funds in FY 2006-07
· Create RA Support Program Position - Board funds in FY 2006-07
· Crossroads Communities/Alternative Uses in RA - April 2007- April 2009 (to Planning Commission)
· Review of Use Value Taxation Program - TBD
· Pursue Voluntary Donation of Conservation Easements - Somewhat underway
· Track and Monitor Conservation Easements - Begin July, 2005
· Rural Rustic Roads as Alternative - Underway
· Research TOR Programs and Support TOR Legislation - Next General Assembly
· Implement Mountain Overlay District - Consideration Underway
· Amend Code for Tours of National and State Registered Historic Sites/Buildings - Consideration Underway
ATTACHMENTS
A Key Implementation Cateqories Chart
B Additional Implementation Cateqories
Return reqular aqenda
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
2006 Legislative Priorities
AGENDA DATE:
July 6, 2005
SUBJECT/PROPOSAL/REQUEST:
Receive Board input on and approval of 2006
Legislative Priorities to be submitted to the T JPDC
and V ACo
ACTION: X
INFORMATION:
CONSENT AGENDA:
ACTION:
INFORMATION:
STAFF CONTACT(S):
Messrs. Tucker, Foley, Davis, Blount, Bowman
ATTACHMENTS: Yes
LEGAL REVIEW: Yes
REVIEWED BY:
~
(
BACKGROUND:
In July 2004, the Board of Supervisors approved the County's 2005 Legislative Priorities that were submitted to the Virginia
Association of Counties (V ACo) and the Thomas Jefferson Planning District Commission (T JPDC). In November 2004, the
Board approved the T JPDC's legislative program that incorporated the County's 2005 Legislative Priorities. In December
2004, the Board met with state legislators to discuss these priorities. The General Assembly was then in session from
January - April, 2005. Staff is providing this executive summary to (1) update how Albemarle's 2005 Legislative Priorities
fared in the General Assembly session and (2) receive the Board's input and approval before submitting the proposed 2006
Legislative Priorities to the T JPDC and V ACo.
STRATEGIC PLAN:
Protect the County's Natural, Scenic and Historic Resources, Enhance the Quality of Life for all Albemarle County Citizens,
Provide Effective and Efficient County services to the public in a courteous and equitable manner
DISCUSSION:
For information on how the County's 2005 Legislative Priorities fared in the legislature, please see the "2005 Legislative
Priorities Report" (Attachment A). The report details any action taken on priorities, an assessment of what priorities should
be continued in the future and links to the final legislative reports of the T JPDC, VML and V ACo.
Beyond the 2005 Legislative Priorities that are being carried forward or modified (Attachment A), the Board should be
aware of several new priorities staff has proposed. The legislature may take actions that will significantly change the
County's current revenue structure. Both major party gubernatorial candidates have proposed changes to the local real
estate tax, Virginia localities' primary source of revenue. The legislature may also change the structure of local
telecommunications taxes, including E-911 fees. Staff has proposed positions on both issues for the Board's
consideration.
The General Assembly has also been charged with finding long-term funding solutions for the state's transportation
needs. No new priority is proposed at this time, as the local MPO Funding Options group has yet to complete its work.
The Board may wish to adopt an additional transportation priority pending this group's recommendations.
In the coming months, the Board may also receive additional recommendations for Health and Human Services
priorities. County staff and the Commission on Children and Families have been working with Del. Steve Landes on
several issues related to the Comprehensive Services Act. Though any priority added at a later date will not be
submitted to V ACo, it will still have an opportunity to be included in the T JPDC's Legislative Program that the Board
will approve in November.
AGENDA TITLE: 2006 Legislative Priorities
AGENDA DATE: July 6, 2005
Page 2 of 2
Staff has also added a priority regarding E-911 service delivery. This year legislation will be introduced regarding
certain telecommunication systems that negatively affect 911 systems. These systems (which are used by banks,
universities, schools, government agencies and hotels) usually provide only a single location and telephone for 911
systems and often require an additional 9 when dialing 911. Supporting this legislation could help the County achieve
its emergency services' response time standards.
Staff has considered the aforementioned issues in assembling the 2006 Legislative Priorities (Attachment B). Today, staff
asks for direction on any priorities the Board wishes to add, omit or amend based on the proposed 2006 Legislative
Priorities.
BUDGET IMPACT:
While there are no specific, identifiable budget impacts, the County's legislative priorities seek to ensure the state
adequately funds its mandated responsibilities and not jeopardize the County's ability to implement the policies
(including fiscal) that it deems necessary.
RECOMMENDATIONS:
Staff recommends the Board review the attached legislative report (Attachment A) and consider if they wish to amend the
proposed 2006 Legislative Priorities (Attachment B). After the Board's approval, staff will submit these to VACo and the
T JPDC for consideration into their respective legislative programs. The Board may request legislation or other priorities at
anytime after this date; however, in submitting priorities to VACo, now is the optimal time for consideration of any proposal.
ATTACHMENTS
Attachment A - 2005 Legislative Priorities Report
Attachment B - Proposed 2006 Legislative Priorities
05.074
ATTACHMENT "A"
2005 Legislative Priorities Report
This report summarizes action taken regarding Albemarle's 2005 Legislative Priorities. This report will often cite
information from the final legislative reports of the Thomas Jefferson Planning District Commission (T JPDC), Virginia
Municipal League (VML), and Virginia Association of Counties (VACo). For these organizations' complete reports that
provide a thorough overview of local government impacts beyond Albemarle's priorities, please use the links below.
T JPDC: http://www.tipdc.orq/liaison/finaIReport.asp
VML: http://www.vml.orQ/leqact.html
V ACo: http://www. vaco.orq/sitefiles/pdfs/leqislative/leqsummarv05.pdf
Land Use and Growth Manaaement Priorities
Priority: Growth Management
Description: Request legislation to provide high-growth jurisdictions with growth management tools such as adequate
public facilities ordinances and impact fees, and provide statewide funding for open space and natural
resources, such as the Purchase of Development Rights program for localities that establish and locally
fund such a program.
Summary: None of the above mentioned growth management tools or authorities were granted and few introduced
bills proposed doing so. However, additional funding for Virginia Land Conservation Foundation grants
was made available this year for organizations with conservation easement purchase programs, such as
Albemarle and its ACE program. Albemarle was able to capitalize on these grants and was recently
awarded an $85,433 grant towards the purchase of the Henry Page property through the County's ACE
program. Two bills (HB 2456 and HB 2888) sought to restrict localities current authority to use proffers,
and though passed, were not as harmful as their original version due to VACoNML efforts.
Proposal: Staff recommends this remain a County priority and in 2006 will add specific language seeking transfer
of development rights authority, a tool identified in the County's Rural Area Plan.
Priority: Department of Environmental Quality (DEQ) Permit Application Fees
Description: Request budget amendment to require DEQ to reduce the permit application fees associated with
stormwater management and stream mitigation projects, which have been drastically increased in the
last year. Due to recent changes in Virginia Pollutant Discharge Elimination System (VPDES), municipal
separate storm system permit requirements, localities now have much of the responsibility for protection
of streams and rivers. DEQ's recent fee increases adversely impact localities abilities to adopt regional
stormwater management programs or to undertake projects needed for stream protection.
Summary: No bills were introduced regarding this specific issue in the 2005 session.
Proposal: This issue has become less urgent relative to the County's other priorities and although staff
recommends the Board maintain their support for this position, staff has not included it in the proposed
2006 priorities.
Priority: Transient Occupancy Tax
Description: Retain the flexibility currently available in transient occupancy tax legislation so that these funds can
continue to be used to support the protection of valuable open-space and resources of historical,
cultural, ecological and scenic value that attract tourism.
Summary: Albemarle's ability to utilize the transient occupancy tax to support the Acquisition of Conservation
Easements (ACE) program was not significantly affected by the 2005 General Assembly. SB793
codified a 2004 Attorney General's opinion stating that the transient occupancy tax may not be charged
on rooms or space rented for meetings, conferences, special events and other purposes not entailing
overnight accommodation (Source: T JPDC).
Proposal: Staff recommends this remain a County priority and has included it in the proposed 2006 priorities.
Priority: Scenic Protection and Tourist Enhancement
Description: Request enabling legislation to provide for a scenic protection and tourist enhancement overlay district.
As the County pursues options to protect the visual quality of land as an aesthetic and economic
resource, this legislation would provide localities with a method to ensure full consideration of visual
resources and scenic areas when the County or State makes land use decisions in designated areas.
Summary: No bill was introduced to grant the County such enabling authority.
Proposal: Staff recommends this remain a County priority and has included it in the proposed 2006 priorities.
Health and Human Services Priorities
Priority: Comprehensive Services Act (CSA)
Description: Request the state fully fund CSA mandates including obligations for administrative overhead and
children, both of which have been shifted to localities in recent years.
Summary: No additional funding for CSA was included in the legislature's approved budget, but $500,000 was
added in FY06 to serve children and adolescents with serious emotional disturbances and related
disorders who are not mandated for services under CSA. The budget included language updating the
base year used to calculate local administrative costs from 1994 to 1997; a $60,000 adjustment is made
to the funding allocated for administrative costs to reflect the change to the 1997 base year (Source:
T JPDC).
Proposal: Mandated CSA funding has been an ongoing problem for localities. Staff recommends this remain a
County priority and has included it in the proposed 2006 priorities.
Priority: Reauthorization of Temporary Assistance to Needy Families (TANF) program
Description: Request the state take advantage of the federal reauthorization of TANF by streamlining eligibility
requirements and providing maximum flexibility to localities so that counties can implement the TANF
program that best meets local needs.
Summary: The legislature's budget authorizes the state to provide additional federal funding for the TANF child
support supplement if such funding becomes available (Source: VML).
Proposal: Staff recommends this remain a County priority and has included it in the proposed 2006 priorities.
Priority: Domestic Violence
Description: Request legislation that will prevent convicted domestic abusers from being allowed to possess a gun.
Virginia law should be consistent with Federal law.
Summary: No bill was introduced to codify this Federal law into the Virginia Code.
Proposal: Staff recommends this remain a County priority and has included it in the proposed 2006 priorities.
Priority: Children's Health
Description: Request that state Medicaid reimbursement rates be increased for dental care for low-income children.
Summary: The legislature's budget provided nearly $11 million in general and non-general funds to increase
Medicaid and FAMIS dental service rates by an additional 20% (the introduced budget contained a 10%
increase). The budget also added $25,000 in FY06 for the Charlottesville Area Dental Access to
establish a dental clinic serving about 10,000 low-income children each year (Source: T JPDC).
Proposal: This priority was requested by the Commission on Children and Families. Staff recommends the Board
maintain their support for this position, although staff has not included it in the proposed 2006 priorities.
Transportation Priorities
Priority: Transportation Funding
Description: Request the state increase funding for transportation so that the present and future transportation needs
of the state can be achieved.
Summary: The legislature's revised budget provided about $848 million in additional general and non-general funds
for the Transportation Initiative of 2005 (nearly $350 million from general funds). The plan includes
elements to promote public-private projects, encourage localities to manage their own highway
construction and improve rail service (Source: T JPDC). No changes were made to the state's gas tax
and the state did not create any other long-term dedicated revenue sources for transportation.
Proposal: Staff recommends this remain a County priority and has included it in the proposed 2006 priorities. The
Board may wish to adopt an additional transportation priority once the MPO's Transportation Funding
Options group completes its work.
Priority: Passenger Rail Service
Description: The County continues its support for and endorses the provision of passenger rail service from Bristol,
VA to the Richmond, VA and Washington, DC areas with links to communities along the way.
Summary: The legislature directed the Department of Rail and Public Transportation to work towards developing a
Trans Dominion passenger rail pilot service from Bristol to Richmond (Source: VML).
Proposal: Staff recommends this remain a County priority and has included it in the proposed 2006 priorities.
Public Safety Priorities
Priority: Photo-monitoring systems for traffic signal enforcement
Description: Continue to support legislation authorizing all localities to use photo-monitoring systems for traffic signal
enforcement.
Summary: All photo-monitoring related bills were not approved by the House of Delegates' Committee on Militia,
Police and Public Safety. The Senate passed three photo-monitoring bills that were ultimately defeated
and has supported the authority for localities in recent years. Localities for which this authority currently
applies will lose their photo-red enforcement capability after June 30, 2005. This has long been a priority
issue for localities across Virginia and continually supported by VMLNACo.
Proposal: Staff recommends the Board maintain their support for this position; however, staff has not included it in
the proposed 2006 priorities.
Priority: Juvenile Detention Centers
Description: Request that the state budget sufficient funding to Juvenile Detention Centers to provide necessary
mental health and substance assessments and treatment.
Summary: No legislative action was taken to ensure sufficient funding to Juvenile Detention Centers beyond last
year's budget. This issue represents the larger, ongoing issue of the state needing to fulfill its share of
mandated funding.
Proposal: Staff recommends this remain a County priority and will expand this priority's language in the 2006
Legislative Priorities to include all state mandated funding.
Priority: Regulation of Panhandlers
Description: Request the state grant all counties the same authorization that Henrico and Arlington counties were
granted by special legislation in 1980 and that cities have generally in the regulation of panhandlers in
public rights of way.
Summary: Working with the Albemarle County Police Department, Del. Rob Bell introduced HB2249, which was
passed by the House of Delegates and Senate and approved into law by the Governor. This bill grants
Albemarle and Greene County the enabling authority to enact an ordinance regulating panhandlers
within the limits of 46.2-931 in the Va Code.
Proposal: Now that the County has this requested authority, staff has not included it among its 2006 priorities. The
Board will revisit this issue at its July 6, 2005 meeting.
Local Government Administration/Laws Priorities
Priority: Virginia Retirement System (VRS)
Description: Request the state undertake long term planning in establishing VRS rates so that localities are not
burdened with significant year-to-year rate changes.
Summary: While the state continually studies aspects of the VRS, no joint-resolution was introduced or passed to
ensure long term planning regarding VRS rates.
Proposal: Staff recommends this remain a County priority and has included it in the proposed 2006 priorities.
Priority: Amend Va. Code section 15.2-1507 pertaining to the composition of panel hearings
Description: Request an amendment to authorize localities to utilize an administrative hearing officer in lieu of the 3-
member panel in all cases, similar to the method established for state employee grievances in Va. Code
Section 2.2-3005. This should help ensure consistency in applying policies.
Summary: No bills were introduced or passed to amend section 15.2-1507 pertaining to the composition of panel
hearings.
Proposal: VACo has expressed interest in introducing a bill on this issue. Staff recommends this remain a County
priority and has included it in the proposed 2006 priorities.
Priority: Change provisions of SB5005, so that car tax reimbursements occur in a timely manner
Description: Under the provisions of SB 5005, the state's reimbursement for the car tax relief program changes from
a percentage reimbursement to a set dollar amount. Localities with billing dates in the spring will not
receive their reimbursements until July 1, 2006. This would have a negative impact on FY 2006 cash
flows, as localities with earlier payments dates close their fiscal year before reimbursements are made.
Summary: Though budget amendments were proposed in both the House and Senate to restore $223 million for
reimbursements to localities in FY06 under the PPTRA, the approved budget does not contain funding
for this purpose. The legislature sought to provide some relief to spring billing localities, including
Albemarle. Spring billing localities 1) will receive reimbursements within the financial reporting
"availability period" (typically 45 or 60 days following June 30) 2) the "old" car tax reimbursement system
will end on September 1, 2006 and delinquent taxpayers can then be billed at the full amount of the
original levy; and 3) the base year upon which allocation of the capped $950 million reimbursement
amount is based will be changed from tax year 2005 to tax year 2004, so that all localities can have the
base computed on a full collection cycle. Localities may distribute this block grant-style relief as they see
fit, but will need to adopt ordinances or budget provisions detailing how it will be apportioned (Source:
T JPDC). The Board should be aware that since the state has capped the total amount of personal
property tax, localities and taxpayers will see decreasing relief on future personal property tax bills.
Proposal: Staff is satisfied with the resolution of this issue so long as revenues can continue to be attributed to the
previous fiscal year, as described above. Staff recommends the Board maintain their support for this
position; however, staff has not included it in the proposed 2006 priorities.
Priority:
Constitutional Officers
Description: Request the current division between state and local governments regarding duties and funding for
Constitutional Offices remain intact.
Summary: No legislative action was taken to alter the current division between state and local governments
regarding funding and duties for Constitutional Officers. This issue represents the larger, ongoing issue
of the state not fulfilling its share of mandated funding.
Proposal: Staff recommends this remain a County priority and will expand this priority's language in the 2006
Legislative Priorities to include all state mandated funding.
ATTACHMENT "B"
Proposed 2006 Legislative Priorities
Land Use and Growth Manaaement Priorities
· Growth Management: Request legislation to provide high-growth jurisdictions with growth management tools
such as adequate public facilities ordinances, impact fees and transfer of development rights (TOR's).
Continue to provide statewide funding (ex. Virginia Land Conservation Foundation) for open space and natural
resources, such as Purchase of Development Rights programs in localities that establish and locally fund such
a program (ex. ACE Program in Albemarle County).
· Transient Occupancy Tax: Retain the flexibility currently available in transient occupancy tax legislation so
that these funds can continue to be used to support the protection of valuable open-space and resources of
historical, cultural, ecological and scenic value that attract tourism.
· Scenic Protection and Tourist Enhancement: Request enabling legislation to provide for a scenic
protection and tourist enhancement overlay district. As the County pursues options to protect the visual quality
of land as an aesthetic and economic resource, this legislation would provide localities with a method to
ensure full consideration of visual resources and scenic areas when the County or State makes land use
decisions in designated areas.
Transportation Priorities
· Transportation Funding: Request the state increase funding for transportation so that the present and future
transportation needs of the state can be achieved.
· Passenger Rail Service: The County continues its support for and endorses the provision of passenger rail
service from Bristol, VA to the Richmond, VA and Washington, DC areas with links to communities along the
way.
Health and Human Services Priorities
· Comprehensive Services Act (CSA): Request the state fully fund CSA mandates including obligations for
administrative overhead and children, both of which have been shifted to localities in recent years.
· Local Eligibility and Federal Families and Children's Review Requirements Funding: Request the state
provide state general funds for appropriate staffing of local departments of social services to determine
eligibility for Virginia residences seeking social services, such as, Medicaid, Food Stamps, TANF certain foster
children under title IV-E, State local hospital medical program, Auxiliary Grant, General Relief, in a timely
manner. Also request the state provide additional general funds to meet the requirements of the Federal
Family and Children's Review Requirements.
· Reauthorization of Temporary Assistance to Needy Families (TANF) Program: Request the state take
advantage of the federal reauthorization of TANF by streamlining eligibility requirements and providing
maximum flexibility to localities so that counties can implement the TANF program that best meets local
needs.
· Domestic Violence: Request legislation that will prevent convicted domestic abusers from being allowed to
possess a gun. Virginia law should be consistent with Federal law.
Public Safety Priorities
· Quality E-911 Systems and Service Delivery: Request the state support local governments in the delivery of
emergency services by ensuring that telecommunication systems (including Private Branch Exchanges and
Multi Line Telephone Systems) provide optimal information to adequately address emergency situations.
Local Government Administration/Laws Priorities
· Full Funding of State Mandates: Request the state provide full funding for its mandates in all areas of local
government. These mandates have been shifted to localities in recent years.
· Local Control of Personal Property Taxation: Request the legislature take no action to restrict or limit the
local control of real property taxation.
· E-911 and Telecommunications Taxation: Support the administrative streamlining of telecommunication
taxation so long as local dollars remain in or are fairly redistributed to localities.
· Amend Va. Code section 15.2-1507 (Composition of Panel Hearings): Request an amendment to
authorize localities at their option to utilize an administrative hearing officer in lieu of the 3-member panel in all
cases, similar to the method established for state employee grievances in Va. Code Section 2.2-3005. This
should help ensure consistency in applying policies.
. Virginia Retirement System (VRS): Request the state undertake long term planning in establishing VRS
rates so that localities are not burdened with significant year-to-year rate changes.
Albemarle County's 2006 Legislative Priorities
Land Use and Growth Manaaement Priorities
· Growth Management: Request legislation to provide high-growth jurisdictions with growth
management tools such as adequate public facilities ordinances, impact fees and transfer of
development rights (TOR's). Continue to provide statewide funding (ex. Virginia Land
Conservation Foundation) for open space and natural resources, such as Purchase of
Development Rights programs in localities that establish and locally fund such a program (ex.
ACE Program in Albemarle County). Request the legislature oppose any preemption or
circumvention of existing local authority to regulate land use.
· Transient Occupancy Tax: Retain the flexibility currently available in transient occupancy tax
legislation so that these funds can continue to be used to support the protection of valuable open-
space and resources of historical, cultural, ecological and scenic value that attract tourism.
· Scenic Protection and Tourist Enhancement: Request enabling legislation to provide for a
scenic protection and tourist enhancement overlay district. As the County pursues options to
protect the visual quality of land as an aesthetic and economic resource, this legislation would
provide localities with a method to ensure full consideration of visual resources and scenic areas
when the County or State makes land use decisions in designated areas.
Transportation Priorities
· Transportation Funding: Request the state increase funding for transportation so that the
present and future transportation needs of the state can be achieved.
· Passenger Rail Service: The County continues its support for and endorses the provision of
passenger rail service from Bristol, VA to the Richmond, VA and Washington, DC areas with links
to communities along the way.
Health and Human Services Priorities
· Comprehensive Services Act (CSA): Request the state fully fund CSA mandates
including obligations for administrative overhead and children, both of which have been shifted to
localities in recent years.
· Local Eligibility and Federal Families and Children's Review Requirements Funding:
Request the state provide state general funds for appropriate staffing of local departments of
social services to determine eligibility for Virginia residences seeking social services, such as,
Medicaid, Food Stamps, TANF certain foster children under title IV-E, State local hospital medical
program, Auxiliary Grant, General Relief, in a timely manner. Also request the state provide
additional general funds to meet the requirements of the Federal Family and Children's Review
Requirements.
· Reauthorization of Temporary Assistance to Needy Families (T ANF) Program: Request the
state take advantage of the federal reauthorization of TANF by streamlining eligibility
requirements and providing maximum flexibility to localities so that counties can implement the
TANF program that best meets local needs.
· Domestic Violence: Request legislation that will prevent convicted domestic abusers from being
allowed to possess a gun. Virginia law should be consistent with Federal law.
Public Safety Priorities
· Quality E-911 Systems and Service Delivery: Request the state support local governments in
the delivery of emergency services by ensuring that telecommunication systems (including
Private Branch Exchanges and Multi Line Telephone Systems) provide optimal information to
adequately address emergency situations.
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Local Government Administration/Laws Priorities
· Full Funding of State Mandates: Request the state provide full funding for its mandates in all
areas of local government. These mandates have been shifted to localities in recent years.
/" }~f Prri ~ ct}
Local Control of Real Property Taxation: Request the legislature take no action to restrict or
limit the local control of real property taxation.
E-911 and Telecommunications Taxation: Support the administrative streamlining of
telecommunication taxation so long as local dollars remain in or are fairly redistributed to
localities.
· Amend Va. Code section 15.2-1507 (Composition of Panel Hearings): Request an
amendment to authorize localities at their option to utilize an administrative hearing officer in lieu
of the 3-member panel in all cases, similar to the method established for state employee
grievances in Va. Code Section 2.2-3005. This should help ensure consistency in applying
policies.
· Virginia Retirement System (VRS): Request the state undertake long term planning in
establishing VRS rates so that localities are not burdened with significant year-to-year rate
changes.
JULY 6, 2005
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 (1) TO CONSIDER
APPOINTMENTS TO BOARDS, COMMITTEES,
AND COMMISSIONS;
· UNDER SUBSECTION (7) TO DISCUSS WITH
LEGAL COUNSEL AND STAFF SPECIFIC LEGAL
ISSUES REGARDING PENDING LITIGATION
RELATING TO THE DENIAL OF A SITE PLAN; AND
· UNDER SUBSECTION (7) TO DISCUSS WITH
LEGAL COUNSEL AND STAFF SPECIFIC LEGAL
ISSUES RELATING TO THE COLLECTION OF
TAXES.
RECEIVED AT BOS MEETING
7/i,h 6" -
Dat8:- '. )<J
Agenda \tem ..-
Clerk's Initials' ~
COUNTY OF ALBEMARLE
MEMORANDUM
TO:
Members of the Board of Supervisors
FROM:
Debi Moyers, Senior Deputy Clerk
DATE:
June 30, 2005
RE:
Vacancies on Boards and Commissions
Attached please find an updated listing of vacancies on boards and commissions
through December 31, 2005 provided for informational purposes only.
The following reappointments require action by the Board:
ACE Committee:
Ann Mallek and Stephen McLean both wish to be reappointed.
Jail Authoritv:
John Chamales wishes to be reappointed.
Jaunt Board:
Juan Wade and Clifford Buys both wish to be reappointed.
Jordan Development Corporation:
Caroline Taylor wishes to be reappointed.
(Note: Have a call into Rosa Hudson regarding her reappointment which expires
8/13/05. She is out of the office June 1-July 5 and could not be reached at her
home phone.)
Land Use Tax Advisory Board:
Fred W. Shields, Jr. wishes to be reappointed.
Interviews will start at 12:30 p.m. and end at 1 :30 p.m. for the two (2) vacancies
on Commission on Children and Families and the one (1) joint County/City vacancy as
Chair on the RWSA Citizens Advisory Committee. Schedule of times and applications
are attached.
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!I'1tervi4!\IV~_!or _~ u Iy 6,_~0-º-?
Commission on Children and Fall1i1ies (2 vacancies) . __L
{1) fe~m Expires~@.ºª_º08, (1) Term Expires 6/30/07 (person would fill unexpired term)
Jason Daniel 12:30 Notes:
________..m ~
---------
No one 12:40 Notes:
scheduled.
-
Wendt.-Carr()II___ 12:50 Notes:
David Bynes 1 :00 Notes:
"----- ----
R\fIJSA Citizens Advi~ory Committee/Joint Appointee (1 vacanc )
Ç_~IM01~_ 1 =-10 Notes:
Ch~.cLF=rec~ll1al1l"lJ>.ut ofl()wn June 2_ªth through JLJly 11 th (ApeIJe¡d witl1CitY_for R\fýSAL_
____1
Commission on Children and Families
- ___ n______ __
Sara [)§nsey .1:20 Notes:
Debi Moyers
Page 1 of2
From: jdaniel@ddig.com
Sent: Monday, May 23,200510:45 PM
To: Ella Carey
Cc: Debi Moyers
Subject: Board/Commission/Committee Application
Application Information
Date of this OS/23/2005
Application:
Board/Commission/
Committee Applied for: Commission on Children and Families
Magisterial District: Rio
Applicant Name:
Address:
Home Telephone:
Email Address:
Jason Daniel
1010 Still Meadow Crossing
Charlottesville, VA 22901
(434) 970-7825
jdaniel@ddig.com
Employer:
Business Address:
Work Telephone:
Occupationrritle:
Date of Employment:
Dominion Digital
210 Ridge-McIntire Rd
Suite 200
Charlottesville, VA 22901
(434) 984-1112
Managing Consultant
07/2000
Years Resident in
Albemarle County:
Previous Residence:
Spouse:
Number of Children:
08
Charlottesville City (5 years)
Brenda Doremus-Daniel
02
Education:
BA Psychology, University of Virginia, 1996
Memberships:
Interests:
5/24/2005
Member of St. Mark Lutheran Church
Volunte~r/Judge for Piedmont Va Science Fair
Pro Bono creation of web site for Sexual Assault Resource Agency (SARA)
(http://www. sexualassaultresources. org)
Page 2 of2
Pro Bono creation of web site for Virginia Association of Licensed Child
Placing Agencies (V ALCPA) (http://www.valcpa.org)
Software developer/tech advisor for PALS (phonological Awareness and
Literacy Screening) (http://www.pals.virginia.edu)
Created a class management system for Explore Learning
(www.explorelearning.com )
In high school and college, volunteered 400+ hours at an elementary school
in Florida
Worked as a substitute elementary school teacher (Summer 1994) Father of
two amazing children
Reason to Serve:
Through my involvement with V ALCP A and SARA, lve seen the effects that
abusive and neglectful parents can have on families. I see this committee as a
vehicle for benefiting children and families in the region, and would like the
opportunity to lend my skills and passion to its cause.
SIGNATURE REQUIRED:
Jason Daniel
DATE SIGNED:
5/24/2005
Debi Moyers
Page 1 of2
From: piedmontcounseling@verizon.net
Sent: Sunday, May 15, 200510:56 PM
To: Ella Carey
Cc: Debi Moyers
Subject: Board/Commission/Committee Application
Application Information
Date of this 05/15/2005
Application:
Board/Commission/
Committee Applied for: Commission on Children and Families
Magisterial District: Rivanna
Applicant Name:
Address:
Home Telephone:
Email Address:
Wendy Carroll
4764 Helios Path
Barboursville, VA 22923
(434) 978-3901
piedmontcounseling@verizonnet
Employer:
Business Address:
Work Telephone:
Occupationffitle:
Date of Employment:
self-employed
40 Commerce Lane, Suite C
Rochelle, VA 22738
(540) 948-4500
Family Therapist
10/2004
Years Resident in
Albemarle County:
Previous Residence:
Spouse:
Number of Children:
17
65 Lumber Lane Barboursville, Va (Greene County 9yrs
Education:
Memberships:
Interests:
5/16/2005
BA, Psychology 1972 MS, Guidance and Counseling 1976 Post-graduate
courses in Counseling (for licensure) 1980s
Virginia Association of Clinical Counselors Board Member and Treasurer
American Mental Health Counselors Association
Region 10 Community Service Board Local Human Rights Committee Sit on
the Madison County Community Policy and Management Team which
oversees programs and services for children and families
Page 2 of 2
Reason to Serve:
I am interested in becoming involved in my community. I have always
worked with children and families, and been interested in services for them. I
would like to be part of a group that works to develop/evaluate/improve
programs for children and families.
SIGNATURE REQUIRED:
Wendy Carroll
DATE SIGNED:
5/16/2005
Debi Moyers
Page 1 ot 2
From: daviddb@virginia.edu
Sent: Monday, May 16, 20051 :29 PM
To: Ella Carey
Cc: Debi Moyers
Subject: Board/Commission/Committee Application
Application Information
Date of this 05/16/2005
Application:
Board/Commission/
Committee Applied for: Commission on Children and Families
Magisterial District: Rio
Applicant Name:
Address:
Home Telephone:
Email Address:
David Bynes
1019 Carrington Place
Charlottesville, VA 22901
(434) 974-6309
daviddb@virginia.edu
Employer:
Business Address:
Work Telephone:
Occupationffitle:
Date of Employment:
University of Virginia
P.O. Box 400177
170 Rugby Road
Charlottesville, VA 22904
(434) 924-7430
Assistant Dean of Students
07/2004
Years Resident in
Albemarle County:
Previous Residence:
Spouse:
Number of Children:
1
I have lived in Albemarle for 10 months and my previous residence was
Gainesville, Florida where I was employeed by the University of Florida.
April Johnson-Bynes
o
Education:
Memberships:
5/16/2005
Bachelor of Arts - Elon College (University) - 1997 Teacher Certification
Classes - Nova Southeastern - 1998 Master of Education - NC State
University - 2001
Mt. Zion First African Baptist Church Alpha Phi Alpha Fraternity, Inc.
Masonic Order - AbiffLodge #88 - Hollywood, FL (have affiliated with a
lodge in VA yet)
Page 2 of 2
Interests:
Albemarle-Charlottesville NAACP - 2nd VP Interest in City/County politics
Interest in Leadership Charlottesville Regular attendance at CCS school
board meetings
Reason to Serve:
As a former middle school teacher, I have a great interest in the future of
children. I believe serving on this commision will allow me to exert a great
passion for seeing that children are attend to in the most proper manner
possible. I also believe that being somewhat new to the area but not new to
working with civic and/or local government agencies will allow me to bring
fresh ideas to the table. I am committed to the general welfare of children
within the community in which I live and certainly the community where I
was reared. Lastly, I would say that I am interested in the commission as a
way to begin networking with in the Albemarle/Charlottesville social and
political arenas.
SIGNATURE REQUIRED:
David Bynes
DATE SIGNED:
5/16/2005
David D. Bynes
1019 Carrington Place
Charlottesville, VA 22901
434.974.6309 (H)
434.924.7381 (0)
d a,iddMìhir2inia.edu
Education
Master of Education in Higher Education Administration
North Carolina State University Raleigh, North Carolina
Bachelor of Arts in Communications
Elon College (University) Elon, North Carolina
Professional Experience
University of Virginia 2004- Present
Assistant Dean of Students, Office of the Dean of Students/Fraternity & Sorority Life
· Serve as primary liaison to the Inter-Fraternity Council and its 32 fraternity chapters
· Enforce Fraternal Organization Agreement requirements among the 32 Inter-Fraternity Council chapters
· Support student self-governance on the chapter and governing council levels
· Provide training, education, development, and programming for the 32 lFC chapters
· Assist in advising the Inter-Greek Committee
· Organize effective educational programming for fraternity and sorority chapters
· Assist in organizing the Greek Awards Banquet, GOALS, and Greek Week
· Serve as primary liaison to the Fraternity Alumni Council
· Provide leadership for the development of a leadership course
· General responsibilities in program development and student and parent advising
· Serve on the University's Dean on-call rotation and crisis management response team
· Serve on the Office of the Dean of Students' (aDOS) assessment temn,
· Serve on the aDOS professional development, diversity, and leadership committees
· Serve on the University judicial review board
May 2001
May 1997
University of Florida 2001-2004
Assistant Director of Greek Life
· Primary advisor to Interfraternity Council (24 chapters) and National Pan-Hellenic Council (9 chapters)
· Assisted in advising Panhellenic Council (16 chapters) and Multicultural Greek Council (8 chapters)
· Co-Advisor for Order of Omega and Gamma Sigma Alpha
· Advised the Greek Judicial Board during fraternity and sorority hearings
· Assisted all chapters and councils in making sound and justifiable decisions pertaining to organizational development
· Coordinated chapter development programs in the area of leadership and education
· Responsible for supervision of graduate student staff
· Advised the planning and implementation of the annual Greek A wards and Installation Banquet
· Advised the planning and implementation of the Emerging Greek Leaders retreat
· Coordinated and implemented the annual Presidents retreat
· Managed and maintained accurate records for an operations and programming budget of more than $20,000
· Assisted each Council in maintaining accurate budget records and practices
· Promoted safety and risk management practices
· Worked with house directors and house corporation boards to create and maintain an appropriate Greek living experience
· Assisted Environmental, Health and Safety in enforcing fire safety and inspection policies
· Worked with Recreational Sports to implement successful intramural fraternity and sorority league sports
· Served as a liaison between national fraternity/sorority alumni/national headquarters and the university
· Enforced university and national headquarter policies
· Ensured that chapters are in compliance with all federal, state, and local laws
· Served on the University Trauma Response Team
· Serve on the Dean of Students Office Emergency Response Team
Bynes, D. D 2
North Carolina State University 1999-2001
Residence Director
· Managed and supervised the operation of a 12-floor residential facility
· Provided leadership for student life in a coeducational, residential building comprised of twelve floors and 500 students
· Provided, promoted, and scheduled use of common areas within the residential facility
· Selected, trained, and supervised a staff of eleven Resident Advisors
· Supervised and managed the operation of the 24-hour help desk
· Developed and supervised the implementation of policies and procedures conducive to effective facilities management
· Coordinated and adjudicated student discipline cases in conjunction with the Residence Life Coordinator and Office of
Student Conduct
· Assisted with emergency response system for Central Campus, containing 7 residence halls
· Provided counseling and referrals during crisis management situations
· Developed and implemented crisis management procedures in conjunction with university Health Services
· Managed training, programming, and office supply budgets
· Developed and supervised the implementation of a programming model based on the needs assessment of residents
· Coordinated and implemented the monthly Residence Director Programming Series
· Conducted weekly staff meetings directed towards team building, staff development, and the dissemination of
infonnation to student personnel
· Coordinated community service projects for staff members and resident volunteers
· Developed and maintained partnerships with other student affairs departments
· Provided leadership development opportunities to residents and residential staff
· Advised Residence Hall C01mcil
· Advised Central Campus Housing Judicial Board
North Carolina State University 1999-2001
Greek Life Graduate Internship, IFC Co-Advisor
· Assisted Associate Director of Greek Life in providing professional advising, education, and support to 23 IFC affiliate
chapters
· Planed, prepared, and presented educational programs and training sessions on leadership, risk management, motivation,
chapter involvement, recruitment, and organizational structure
· Worked collaboratively with the NPHC and Panhellenic Association advisors to provide resources and services to the
Greek community
· Served as a liaison between the Greek community and the university
· Assisted IFC and PanhelleIÚc Association executive officer with rush policies and procedures
· Assisted NPHC organizations with membership intake policies and procedures
· Assisted IFC executive officers in establishing an annual recognition and transition banquet
· Assisted in coordinating semester Greek leadership retreat and workshop
· Attended weekly departmental meetings conducted by the Director of Greek Life
· Attended weekly IFC executive and general assembly meetings
· Attended monthly Greek court renter's board meeting
· Attended professional development coIÛerences, workshops, and seminars
· Served as advisor, Alpha Phi Alpha Fraternity, Inc., Eta Omicron/Sigma Delta chapter
North Carolina State University Summer 2000
Conference Services Residence Director
· Supervised and managed the operation of four residence hall facilities used to house 20 summer cOIÛerences
· Established and maintained partnerslúps with various campus departments and community businesses
· Established a system of effective communication with sponsors of summer coIÛerence groups
· Coordinated campus services and housing arrangements for contracted cOIÛerence groups
· Maintained and published accurate group files and billing statements
· Developed and facilitated room assignment process for all summer cOIÛerence participants
· Provided leadership for residentia~ operational, and volunteer staff
· Coordinated selection, training, and evaluation of all summer coIÛerence staff
· Conducted weekly staff meetings directed towards team building, staff development, and the dissemination of
information to student personnel
· Utilized computer programs and applications in the administration of summer coIÛerence operations
Bynes, D. D 3
New River Middle School of Marine Science
Academic Instructor/Athletic Coach
· Educated and motivated students in the social science discipline
· Provided leadership development and community involvement opportunities to students
· Provided counseling and crisis management intervention
· Conducted disciplinary and motivational workshops for Saturday School participants
· Motivated and coached students participating in basketball and track programs
· Initiated, coordinated and advised Young Men of Distinction mentor program
· Initiated and coordinated after school youth basketball league
· Served as acting Assistant Principal
· Served as Academic Department Team Leader
· Served on School Improvement Team
· Advised Student Government Association
· Served as assistant Athletic Director
· Assisted in coordinating the annual Martin Luther King, Jr. oratorical contest
1997-1999
Committee Involvement
· African American Heritage Month steering committee
· Black Leadership Institute Committee
· Community Service Coordinator, UF Dean of Students Office
· University Alcohol Policy Committee
· Florida Invitational Step Show, Advisor
· Assistant Director of Student Judicial Affairs Search Committee, Chair
· Preview (Orientation) Committee
· University Welcome Week Committee
2005
2005
2001-2004
2002-2004
2002-2004
2003
2003
2003
Instructor Experience
· Co-Instructor, EDLF 400 Leadership course
· Instructor, EDA 4930 Emerging Greek Leaders course
· Instructor, ED A 4930 Panhellenic Recruitment Counselor course
· Instructor, First Year Florida, Introductory First year student seminar course
· Co-Instructor, MDS 101 D & 102D (Intro. To University Education) African American Adjustment course
· Co-Instructor, ECD 220 Topics in College Student Development
· Co-Instructor, COM no Public Speaking
Presentations
· "Moving Beyond the Fire: Continuing the Education About NPHC Organizations," Association of Fraternity
Advisors Annual Meeting, Hollywood, California, December 2004
· "History and Development of Greek Letter Organizations," Recruitment Counselor Development, University of
Florida, February 2004
· "25 Years Later: Is the Animal House Returning to Campus," SEIFC, Atlanta, Georgia, February 2004
· "Black Greek Life: Divided by Ignorance and United by the Common Practice of Apathy...Troe or False?,"
Consultant Visit, Elon University, November 2003
· "Building Bridges: The Challenges and Necessities of Creating A Homogeneous Community," G.O.A.L.S. Retreat,
Florida Atlantic University, September 2003
· "The Black Gender Gap: Are Sistah's Stepping Up and Leaving the Brother's Behind?," African American
Student Leadership Conference, University of Florida, March 2003
· "America 2003: Does Race Still Matter?," African American Student Leadership Conference, University of Florida,
March 2003
· "Courage Under Fire: Utilizing Student Development Theory to Effectively Advise NPHC Organizations on
Predominantly White Campuses," SEIFC, Atlanta, Georgia, February 2003; SEPC, Atlanta, Georgia, March 2003;
AF A Annual Meeting, San Antonio, Texas, December 2003
· "Living Your Ritual through Engagement with the Community," SEIFC, Atlanta, Georgia, February 2003
· "Leadership and Ethics in the New Age," Leadership Development Series, North Carolina State University, October
2000
· "Creating One Greek Community," Greek Leadership Workshop, North Carolina State University, Fall 2000
Bynes, D. D 4
· "Ethics in Student Affairs," NASP A Region fir, Orlando, Florida, June 2000
· "Good Practices in Student Affairs," North Carolina State University, Division of Student Affairs, March 2000
· "Practice Makes Peñect: The Ethics of Being a Resident Assistant," Elon College, Road Rules 2000 Comerence,
February 2000
· "America 2000: Does Race Matter," North Carolina State University, Southeastern African American Student
Leadersmp Comerence, February 2000
· "Historically Black Greek Lettered Organizations" Redefining Our Roles on College Campuses," North Carolina
State University, Southeastern African American Student Leaderslúp Comerence, February 2000
· "Improving Our Community Service," North Carolina State University, Greek Leadersmp Development Comerence,
March 1999
· "To be Greek. or Not to be Greek: An Individual Choice," Elon College, North Carolina African American Student
Leadersmp Comerence, February 1996
Professional & Community Affiliations
· Association of Fraternity Advisors, Member
· National Association of Student Personnel Administrators, Member
· National Order of Omega, Member
· Alpha Pm Alpha Fraternity, Incorporated, Member
· National Association for the Advancement of Colored People, Member
· Interfraternity Institute, Graduate
· Campuspeak, Facilitator/Consultant
· Undergraduate Interfraternity Institute, Facilitator
· National Pan-Hellenic Council, Inc., Past lot Assistant Southern Region Director
· Past Florida Federation of Alphamen, State Director of Education
· Order of Ancient Free and Accepted Masons, Member
Computer Proticiencies
· Word * Excel * PowerPoint * FileMaker Pro * Outlook Express * Internet Research
Bynes. D. D 5
References
Dr. F. Aaron Laushway
Associate Dean of Students
University of Virginia
170 Rugby Road
P.O. Box 400177
Charlottesville, Virginia 22904-4177
(434) 924-7430
lausbwav(ahirginia.edu
Dr. Tracy 1. Ballas
Former Associate Dean of Students (recently left the University of Florida)
250 East 31 st Street, #3A
New York, NY 10016
(212) 213-4414
tiballas(ã?nvc.rr.com
Paula D. Drummond
Director of Residence Life
Coastal Carolina University
129 Waccamaw Hall
Conway, South Carolina 29528
(843) 349-6405
Drummondra~coastal.edu
Dr. Michael V. Bowie
Executive Director, Florida Fundfor Minority Teachers
University of Florida
P.O. Box 117045
Gainesville, FL 32611-7045
(352) 392-9196, extension 21
mbowie@coe.ufl.edu
Michael D. Scales
Director of Residential Living
Drexel University
101 North 34th Street
Philadelphia, PA 19104
(215) 895-6155
mds38@drexel.edu
Debi Moyers
Page 1 of 2
From: cdmoje@msn.com
Sent: Friday, May 20, 200512:13 PM
To: Ella Carey
Cc: Debi Moyers
Subject: Board/Commission/Committee Application
Application Information
Date of this OS/20/2005
Application:
Board/Commission/
Committee Applied for: Rivanna Solid Waste Authority Citizens Advisory Committee
Magisterial District: Samuel Miller
Applicant Name:
Address:
Home Telephone:
Email Address:
Carl Moje
1615 Far Hills Road
Charlottesville, VA 22901
(434) 244-4090
cdmoj e@msn.com
Employer:
Business Address:
Work Telephone:
Occupationrritle:
Date of Employment:
Commonwealth of Virginia
110 South Seventh
Richmond, VA 23219
(804) 371-5573
I/T Sr Engineer
02/2002
Years Resident in
Albemarle County:
Previous Residence:
Spouse:
Number of Children:
05
Dallas, Texas
Althea Tina
03
Education:
60 College Credits Graduated Technical School
Memberships:
Interests:
5/20/2005
Thomas Jefferson Memorial Church President of Far Hills Owners
Association Member of the Sierra Club and about one half dozen other
environmental groups
Coordinator for Charlottesville Democratic Meetup Member of Democracy
for America Meetup Volunteer in the Charlottesville - Albemarle County
SPCA
Page 2 of 2
Reason to Serve:
I feel that I have a responsibilitiy to take an active role in my community.
Since I am still employed, this position may provide this opportunity to
serve.
SIGNATURE REQUIRED:
Carl Moje
DATE SIGNED:
5/20/2005
JUN-1-2005 13:39 FROM:CITY MANAGER'S OFFIC 434-970-3890
TO: 92965800
P:2/2
.
~J~
CITY OF CHA,RLOTTESVJLLE
.BOARDS & COMMISSION Aj)PUCATION
Please type O~ print in dark ink. Do not write on the back. Attach an additional sheet if necessary.
NMoc of90",diCommission Appl)'íng For: ~ SW A: - (..I t¡- i \As. Adv I SoYcy(fJUtu-t rth £.. .
Appli~ntN:Jme; CJtA'D 'A\£LK.N/kNN (J
HOJ11C Addfess: -'~]J DR. ~b C RClF Zip: J;)ctD J... Phone;fj~(Q -44 -:t- S
Cit), Rcsídont? Yes _ (since»)CfìS No E-mai1 addn::5s:C$t:ø.1f!e...o.r".{t¡í.VI ¡¿ r y\ ¿J,
,
Previous Residence:
Occupatíon&Title: Þ...lkv'tA~~ <2~<iõ:r~{Þ+- Vlr-ec1iir ------
,Employe;: E U..Jt:ËJ2~ CL.;-=4¡J ;-U£'Cç'
Bosincss Address: C;;Æ.¡t...-(E..
Spousc'sName: ~QU€lAµ~ ('7-\- W£.
Birthday: ~ßO 0 Birthplace: tv~A/6-7ð~ ~
Schools attc.nacd. degrees. graduation dates: fì82.. U VA- ßA
,
Zip: Phone:
Children: BG)'/(/,,); ¡l!A/L¡P4 (11)&--46¡(V
GOVIT Æ1VÞ /-;-/2£/W A-FM-~
Mem.berships in :fi:-atcmal, business, church and/or soei:ù groups:
PubUc. chic and charitable offices and/or activities: 1?~ ;;;!:~-t/r. ~P;2A
VrJW¡...JTÇ;j~R.. - lµrL fZ.ç;. ¿ CoflÆMt i77~¿
Sc> /f2.kl--S,A1~T1fr/DN ho..Jþ/,f/G. O/>T/oI~
-------------
J.ntercsts aside from profession:
¡ ..s; SC.jF S
Si~a1:11rc:
RETURN TO:
Jeanne Co~ Clerk of Council
P.O. Box 911
Charlottesville, VA 22902
Phone: 434~97()"'3113, Fax: 434-970-3890
co::s:j@charlottes,,·me.org
Debi Moyers
Page 1 of2
From: sdansey@gsvsc.org
Sent: Thursday, May 12, 2005 1 :45 PM
To: Ella Carey
Cc: DebiMoyeffi
Subject: Board/Commission/Committee Application
Application Information
Date of this 05/12/2005
Application:
Board/Commission/
Committee Applied for: Commission on Children and Families
Magisterial District: Scottsville
Applicant Name:
Address:
Home Telephone:
Email Address:
Sara Dansey
1615 Stoney Creek Drive
Charlottesville, VA 22902
(434) 244-8472
sdansey@gsvsc.org
Employer:
Business Address:
Work Telephone:
OccupationfTitle:
Date of Employment:
Girl Scouts of VA Skyline Council
380 Greenbrier Drive
Suite D
Charlottesville, VA 22901
(434) 296-5156
Director of Membership Services
06/2000
Years Resident in
Albemarle County:
Previous Residence:
Spouse:
Number of Children:
7
4860 Rolling Road Scottsville, VA 24590
George
3
Education:
Memberships:
Interests:
5/12/2005
BF A VA Commonwealth University 1980 1 year graduate studies (MFA)
1984-85 VCU
Lifetime member Girl Scouts of the USA Leadership Charlottesville Alumni
Association Cville/Alb Chamber of Commerce
Program coordinator Girl Scouts Beyond Bars @ Fluvanna Correctional
Center for Women Volunteer @ Blue Ridge Juvenile Detention Center
Page 2 of2
Reason to Serve:
I am person who enjoys serving the community, particularly where children
are concerned. I have spent most of my adult life working to enrich the lives
of children and youth. I have a "can do" attitude, lots of experience and
expertise and I am very positive and friendly to work with.
SIGNATURE REQUIRED:
Sara Dansey
DATE SIGNED:
5/12/2005
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Ordinance to amend County Code Chapter 10, Offenses-
Miscellaneous, to prohibit certain activities on public
roadways and medians
AGENDA DATE:
July 6, 2005
ACTION: X
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Public hearing to consider proposed ordinance to amend
County Code Chapter 10, Offenses- Miscellaneous,
regarding prohibiting certain activities on public roads and
medians
CONSENT AGENDA:
ACTION:
INFORMATION:
ATTACHMENTS: Yes
STAFF CONTACT(S):
Messrs. Tucker, Foley, Davis, Trank, Miller
REVIEWED BY:
LEGAL REVIEW: Yes
BACKGROUND:
The General Assembly adopted enabling legislation during the 2005 session authorizing Albemarle County to adopt a local
ordinance to prohibit solicitations and other related activities on public roadways and medians. The enabling authority is
effective July 1, 2005. The ordinance, if adopted, would be codified in the Albemarle County Code.
STRATEGIC PLAN:
Goal: 3.1 Make the County a safe and healthy community in which citizens feel secure to live, work and play.
DISCUSSION:
The attached draft ordinance provides that it shall be unlawful for any person while standing on any public roadway or
median therein to: (1) distribute handbills, leaflets, bulletins, literature, advertisements or similar material to the occupants of
motor vehicles; (2) solicit contributions of any nature from the occupants of motor vehicles; or (3) sell or attempt to sell
merchandise to the occupants of motor, vehicles.
A violation of the ordinance would be punishable as a traffic infraction as required by the state enabling authority.
Enforcement would be the responsibility of the Police Department.
The Police Department is requesting this ordinance for public safety reasons. The Department has received a growing
number of complaints from citizens who have been approached while in their vehicles by solicitors at various times. Due to
the ever-increasing amount of traffic in the County, the number of complaints and the potential for injury to drivers and their
passengers, as well as the solicitors, the Police Department believes the ability to issue citations and collect fines will help
deter this activity.
BUDGET IMPACT:
The Police Department has determined that there would be no significant budget impacts associated with the adoption of
this ordinance.
RECOMMENDATIONS:
If the Board concurs with the Police Department's request, staff recommends that the attached ordinance be adopted
after the public hearing.
ATTACHMENTS
Attachment A - Draft Ordinance
Attachment B - Virginia Code § 46.2-932, effective July 1, 2005
05.075
ORDINANCE NO. 05-10(1)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 10, OFFENSES--
MISCELLANEOUS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that
Chapter 10, Offenses--Miscellaneous, of the Code of the County of Albemarle, Virginia, is
hereby amended and reordained as follows:
By Adding:
Sec. 10-123 Prohibited Activities on Public Roadways and Medians
CHAPTER 10. OFFENSES -- MISCELLANEOUS
* * * * *
Sec. 10-123 Prohibited Activities on Public Roadways and Medians
A. Definitions:
Roadway. As used in this section, the term "roadway" means that portion of a
highway improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder. A
highway may include two or more roadways if divided by a physical barrier or barriers or an
unpaved area.
Center Median. As used in this section, the term "center median" means any
area in the middle of any roadway, designed to provide a barrier to keep traffic on one side of
the road from going to the other side of the road. A center median may be a raised concrete
strip or a grass strip.
Selling, offering for sale, advertising, soliciting, distributing or distribute. As used
in this section, "selling, offering for sale, adyertising, soliciting, distributing or distribute" means
any such activity which involves the delivery of any document, publication or other item or the
intent to deliver any document, publication or other item to any occupant of a motor vehicle
located on a county roadway or any such activity which involves the receipt of any money or any
item or the intent to receive any money or any item from the occupant of an automobile located
on a county roadway, other than a motor vehicle parked in a designated parking space.
B. It shall be unlawful for any person while standing on any public roadway or
median therein to:
1. Distribute handbills, leaflets, bulletins, literature, advertisements or similar
material to the drivers of motor vehicles or passengers therein on any roadway or median within
the county.
2. Solicit contributions of any nature from the drivers of motor vehicles or
passengers therein on any roadway or median within the county.
3. Sell or attempt to sell merchandise to the drivers of motor vehicles or
passengers therein on any roadway or median within the county.
C. Any person, firm, organization, or corporation violating any provIsion of this
section shall be guilty of a traffic infraction, punishable as provided under state law. Each
separate incident may be considered a new yiolation.
State Law References: Authority to enact section, Code of Virginia, section 46.2-931.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of
five to zero, as recorded below, at a regular meeting held on July 6, 2005.
Mr. Bowerman
Mr. Boyd
Mr. Dorrier
Mr. Rooker
Ms. Thomas
Mr. Wyant
Aye Nay
y
y
Absent
y
y
y
2
Attachment B
summary I pdf
CHAPTER 541
An Act to amend and reenact § 46.2-931 of the Code of Virginia, relating to distribution of materials to and
solicitation of funds from motorists on secondary highways.
[H 2249]
Approved March 22, 2005
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-931 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-931. Certain localities may prohibit or regulate distribution of handbills, etc., solicitation of
contributions and sale of merchandise on highways within their boundaries.
A. Arlington and Henrico Counties and the Town of Vienna are hereby authorized to adopt ordinances
prohibiting or regulating:
1. The distribution of handbills, leaflets, bulletins, literature, advertisements, or similar material to the
drivers occupants of motor vehicles or passengers therein on secondary hig1:1-',vays located within such
counties on secondary or urban highways located within their boundaries;
2. The solicitation of contributions of any nature from the dri';ers occupants of motor vehicles or passengers
therein on secondary highways located within such counties on secondary and urban highways located
within their boundaries;
3. The sale of merchandise or the attempted sale of merchandise to the drivers occupants of motor vehicles
or passengers therein on secondary higk,vays located ',vithin such counties on secondary and urban
highways located within their boundaries.
B. Albemarle and Greene Counties are hereby authorized to adopt ordinances regulating:
1. The distribution of handbills, leaflets, bulletins, literature, advertisements, or similar material to the
occupants of motor vehicle on public roadways and medians;
2. The solicitation of contributions of any nature from the occupants of motor vehicles on public roadways
and medians; and
3. The sale of merchandise or the attempted sale of merchandise to the occupants of motor vehicles on
public roadways and medians.
C. Ordinances adopted pursuant to this section may provide that any person violating the provisions of such
ordinances shall be guilty of a traffic infraction.
D. The Virginia Department of Transportation may regulate activities within such streets and highways
under its jurisdiction, subject to regulations promulgated by the Commonwealth Transportation Board.
Nothing in this section shall be construed to allow any locality to permit activities within any highway under
the maintenance and operational jurisdiction of the Virginia Department of Transportation.
Le2islative Information System
Helping Churches Help People
Love INC
Love In the Name of Christ
of Charlottesville/Albemarle
198 Spotnap Road, Suite C-1
Charlottesville, VA 22911
Help Line: 434-977-7777
Business Line: 434-293-6060
Fax: 434-293-4499
Email: LoveINC@ntelos.net
July 6, 2005
To: Members, Albemarle County Board of Supervisors
401 McIntire Road RECEIVED AT BOS MEETING
Charlottesville, Virginia 23202 Date: 7 /¿ /t./
/7
Ref: Ban on roadway soliciting Agenda Item ,:
Clerk's Initials: 'f~
Dear Board Members:
As Executive Director of a church supported benevolent ministry, I am in a dilemma of
sorts over roadway solicitation.
1. This is a giving community but there is still a limit to the
benevolent funds available to help those in need.
2. Many alternatives exist in Charlottesville to assist people
in need. Some who solicit money on the roadways refuse those
alternatives.
3. The monies collected are tax free dollars, regardless of how
large the "take."
4. There is no verification on how the money is used or if it takes
away from legitimate needs, for example, the group out of
North Carolina, claiming to be a church.
5. I spoke with one lady who said she was trom Appomattox. I
Asked why she was in Charlottesville and she replied, "Because they won't let
me solicit in Appomattox."
6. It is a safety issue.
By continuing to allow roadway solicitation, we seem to be attracting people trom other
areas taking resources from our community. We have many legitimate benevolent
organizations in Charlottesville, all of which are dependent on local funding.
.
.
.
F
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
Fax (434) 972-4012
June 21, 2005
Gabriele K. Kleinmichel
977 Seminole Trail #302
Charlottesville, VA 22901
RE: SP 2005-007 The Garden Barn (Signs #28&29); and
SDP2005-042 The Garden Barn - Tax Map 21 Parcel 5B1
Dear Ms. Kleinmichel:
The Albemarle County Planning Commission, at its meeting on June 14,2005, took action on the above-
noted items.
Re2ardin2 the special use permit. SP-2005-007:
The Planning Commission unanimously recommended approval of the above-noted petition to the Board
of Supervisors.
Please note that this recommendation for approval is subject to the following conditions:
1. The site shall be developed, and the farms sales use conducted, in general accord with the
preliminary schematic plan entitled "Garden Barn Application Plan SP-2005-7," prepared by
Gabriele Kleinmichel, and dated 3/29/05.
2. The applicant shall make the entrance improvements specified in a letter from VDOT Assistant
Resident Engineer Charles C. Proctor III dated 3/24/05 (excluding the requirement for a site plan
showing the proposed improvements).
3. Hours of operation each day shall be between 5:00 a.m. and 9:00 p.m.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on July 6,2005. 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.
Re2ardin2 the site plan waiver SDP-2005-042:
The Planning Commission unanimously approved the above-noted petition.
Please note that this approval is subject to the following conditions:
1. The fann sales use shall not begin operation until the improvements described in a letter from
VDOT Assistant Resident Engineer Charles C. Proctor dated 3/24/05 are completed
(excluding the requirement for a site plan showing the proposed improvements).
If you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me at (434) 296-5832, ext. 3325.
co Clark
Senior Planner
Planning Division
SC/aer
Cc: Ella Carey
Amelia McCulley
Jack Kelsey
Steve Allshouse
Staff Contact:
Planning Commission:
Scott Clark
June 14,2005
.
SP 2005-00007 The Garden Barn
SDP 2005-00042 The Garden Barn OOeinmichel)
Applicant's Proposal: The applicant is proposing to start a farm sales operation on a 30-acre
parcel in the Rural Areas, selling agricultural and horticultural products (trees, flowers, other
plants, fruits, vegetables, poultry, etc.). The sales area would be located in an existing shed with a
small attached greenhouse.
Petition: The applicant is requesting a special use permit to allow farm sales in accordance with
Section 10.2.2(45) of the Zoning Ordinance, which allows for farm sales. The property, described
as Tax Map 21 Parce15BI, contains 30.754 acres (of which 3 acres are included in this request)
and is zoned RA, Rural Areas. The proposal is located at 5625 Spring Hill Road (Route 606),
approximately 1,500 feet west of its intersection with Seminole Trail (Route 29) in the White Hall
Magisterial District.
Character of the Area: The area includes a mix of large farm and forest parcels and small
residential parcels. US 29 is located just to the east. This parcel and two adjacent parcels are
under conservation easements held by the Virginia Outdoors Foundation. VOF is aware of this
application and has not objected.
Plannin!!: and Zonin!!: Historv: This property has no previous special use permits, and no other
planning or zoning history.
Comprehensive Plan: The Comprehensive Plan designates this property as Rural Area.
.
Recommendation: Staff recommends approval of SP 2005-00007 and SOP 2005-00042 with
conditions.
STAFF COMMENT (Special Use Permit)
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance below:
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 afinding by the Board of Supervisors that such use will not be ofsubstantial detriment to
aGijacentproper~,
Farm sales operations are a typical land use in the Rural Areas, and this use is not
expected to be a detriment to adjacent properties. The applicant has stated that this will be
a seasonal business operating during daylight hours.
that the character of the district will not be changed thereby,
This is a rural use that is in keeping with the character of the district.
and that such use will be in harmony with the purpose and intent of this ordinance,
.
A purpose of the Zoning Ordinance is to "to provide for the preservation of agricultural
and forestal lands and other lands of significance for the protection of the natural
environment." One of the purposes of the Rural Areas zoning district is the
"[p Jreservation of agricultural and forestal lands and activities;" this use helps to achieve
these purposes.
with the uses permitted by right in the district,
This agricultural use is in hannony with by-right uses in the Rural Areas district and is
supportive of agriculture.
with additional regulations provided in Section 5.0 of this ordinance,
5.1.35 FARM SALES
a. One (1) farm sales structure may be established per farm. In addition to displays and
sales of agricultural or horticultural produce or merchandise which is produced on the
farm, it may include companion items not produced on the premises, but intended to be
used with the agricultural or horticultural produce which is produced on the farm. The
farm sales structure shall not be established until the agricultural or horticultural
produce growing area has been established and is in production. Such growing area
shall be reestablished on an annual basis.
The applicant is aware of these requirements, and has not requested any waivers. The
applicant plans to produce trees, plants, vegetables, fowl, and other agriculture products.
b. The total retail sales area in the farm sales structure shall not exceed fifteen hundred
(1,500) square feet. Greenhouses shall not be counted as part of the total retail sales
area, unless one is designated as the farm sales structure. At all times, at least fifty (50)
percent of the retail sales area inside the farm sales structure shall be agricultural or
horticultural produce or merchandise produced on the premises. The remaining fifty (50)
percent area may be companion items. Displays outside the farm sales structure shall be
limited to agricultural and horticultural produce only.
The retail sales are for this use would be 1,397 square feet. The applicant is aware of the
restrictions regarding companion items and outdoor display.
c. A preliminary schematic plan in accordance with section 32.4.1 shall be submitted
along with, and become a part oj the special use permit application. The plan shall
include the area of the farm sales structure, parking and entrance. The plan shall
address, in particular, provisions for safe and convenient access from and to the public
road, adequacy of delineation of parking, and general information regarding the exterior
appearance of the proposed site. Based on the submitted information, the board of
supervisors may then waive the requirement for a site development plan in a particular
case, upon afinding that the requirement of a site development plan would not forward
the purposes of this ordinance or otherwise serve the public interest. No such use shall be
established without Virginia Department of Transportation approval of commercial
access to the site.
The applicant has submitted a preliminary schematic plan (the "Garden Barn Application
Plan SP-2005-7," prepared by Gabriele Kleinmichel, and dated 3/29/05; see Attachment
B), which has been reviewed and found sufficient by staff. Community Development
staff have found that a waiver of the site plan requirement is appropriate.
d. The farm sales structure and parking area shall not be located closer than fifty (50)
feet to any adjoining property not under the same ownership. The farm sales structure
shall meet front yard setbacks for a primary structure. The parking area shall not be
located closer than ten (10) feet to any public or private street right-ofway.
The sales and parking areas meet these requirements.
e. Farm machinery and equipment (except hand tools), building materials, furniture or
other like items, shall not be offered for sale.
1-
The applicant is aware of these restrictions.
.
f All farm sales structures shall meet all applicable requirements of the Virginia Uniform
Statewide Building Code. (Added 10-11-95)
The Building Official has stated that the structure meets building code requirements for
this use.
and with the public health, safety and general welfare.
VDOT has stated that entrance improvements will be necessary. The entrance will need
to be built as "a 24' private road connection with 25' radii.," and tree cutting or trimming
along the road frontage of the applicant's property will be necessary to provide adequate
sight distance.
STAFF COMMENT (Site Plan Waiver)
The Zoning Ordinance addresses the need for a site plan in Section 32.2.1 which states:
32.2.1 A site plan shall be required for any construction, use, change in use or other development
in all zoning districts; provided that no site plan shall be required for the following:
a. The construction or location of any single-family detached dwelling which is located
upon a lot whereon are located or proposed to be located an aggregate of two (2) or
fewer dwellings.
.
b. The construction or location of a two-family dwelling on any lot not occupied by any
other dwellings.
c. Any accessory structure to a single-family detached or two-family dwelling.
d. Any agricultural activity except as otherwise provided in section 5. O.
e. Any change in or expansion of a use provided that: (1) such change or expansion does
not occasion additional parking under the requirements of this chapter; (2) no
additional ingress/egress or alteration of existing ingress/egress is recommended by
the Virginia Department of Transportation based on intensification of use; (3) no
additional ingress/egress or alteration of existing ingress/ egress is proposed. (32.2.1,
1980)
This project requires a site plan due to the proposed changes to the entrance only. Parking
requirements have been addressed on the preliminary schematic plan to the satisfaction of the
Zoning and Current Development division. If no changes to the entrance were proposed or
required, this project would not require a site plan.
The Zoning Ordinance penn its the waiving of the site plan requirement in Section 32.2.2 which
states:
.
32.2.2 Theforegoing notwithstanding, after notice in accordance with section 32.4.2.5,
the commission may waive the drawing of a site plan in a particular case upon ajinding
that the requirement of such plan would not forward the purposes of this chapter or
otherwise serve the public interest; provided that no such waiver shall be made until the
commission has considered the recommendation of the agent. The agent may recommend
approval, approval with conditions, or denial of such waiver. In the case of conditional
approval, the agent in his recommendation shall state the relationship of the
3
.
recommended condition to the provisions of this section. No condition shall be imposed
which could not be imposed through the application of the regulations of section 32. O.
(32.2.2, 1980; Amended 5-1-87)
Staff has analyzed this application and is recommending approval of a waiver of the drawing of a
site plan, with conditions. The method staff used to reach this recommendation is included
below.
The submittal of a site plan meeting all of the criteria of Sections 32.5.6 (Preliminary Site Plan
Content) and 32.6.6 (Final Site Plan Content) would not in the opinion of staffforward the
purposes of this chapter or otherwise serve the public interest. The submittal of a plan will
provide substantially more information than currently provided. However, the proposed level of
development is limited and the plan provided by the applicant for review with the special use
permit has allowed staff to analyze the impact on this project on adjacent properties. The
applicant will have to obtain a permit from the Virginia Department of Transportation for the
improvement ofthe entrance. This permitting process by VDOT will insure that the entrance is
properly designed and installed. The scale of this project is limited and the VDOT permitting
process will allow adequate protection ofthe public interest.
SUMMARY
This is small-scale use that is in accord with the County's goals for the rural areas. Public safety
concerns can be addressed sufficiently through the conditions of approval.
RECOMMENDED ACTION
Staff recommends approval of SP 2005-00007 with the following conditions:
1. The site shall be developed, and the farms sales use conducted, in general accord with the
preliminary schematic plan entitled "Garden Barn Application Plan SP-2005-7," prepared
by Gabriele Kleinmichel, and dated 3/29/05.
2. The applicant shall make the entrance improvements specified in a letter from VDOT
Assistant Resident Engineer Charles C. Proctor III dated 3/29/05.
Staff recommends approval of the site plan waiver, SDP 2005-00042, with the following
conditions:
1. The farms sales use shall not begin operation until the improvements described in a letter
from VDOT Assistant Resident Engineer Charles C. Proctor III dated 3/29/05 are
completed.
ATTACHMENTS
A. Location Map
B. Preliminary Schematic Plan for SP 2005-00007
C. Letter from VDOT regarding entrance improvements
+
.
.
Attachment A
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Attachment C
COMMONWEALTH of VIRGINIA
PHILIP A. SHUCET
COMMISSIONER
DEPARTMENT OF TRANSPORTATION
701 VDOTWAY
CHARLOTTESVILLE VA 22911
D. BRENT SPRINKEL P.E.
ACTING RESIDENT ENGINEER
March 24, 2005
Mr. Bill Fiitz
Dept. of Planning & Community Development
401 McIntire Road
Charlottesville, VA 22902
RE: Special Use Permits and Rezoning Submittals
Dear Mr. Fritz:
Please tind our comments for the March 2005 Rezonings and Special Use Permits:
SP-2005-00007 The Garden Barn. Route 641: (Scott Clark)
· Proposed entrance will need to be built in accordance with the Minimum Standards for
Entrances to State Highways (entrance"needs to be built as a 24' private road connection with
25' radi);
· Sight distances is not sufficient. The trees along the road frontage will need to be cut/or
trimmed allow for adequate sight distance;
· Site plans will be required and will need to show proposed improvements.
SP-2005-00008 Tortilleria Y Panderia La Michoacana, Route 29: (Rebecca Ragsdale)
§ Entrance needs to be up graded to a private road connection in accordance with the Minimum
Standards for Entrances to State Highways;
§ Entrance has adequate sight distance.
SP-2005-00009 Cedar Hill Mobile Estates Extension, Route 29: (Elaine Echols)
§ Extisting entrance is adequate for the use;
§ The crossover at this entrance will be moved with the North Point Development. The
internal connector road may need to be reviewed for impacts. County may want to consider
these impacts to the network and request developer of Cedar Hill par1icipate in the connector
road construction.
TRANSPORTATION FOR THE 21sT CENTURY
ID ~
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
SP-2005-09 (Sign #32) Cedar Hill Mobile Home
Park Extension of Special Use Permit
SUBJECT/PROPOSAL/REQUEST:
Request for reapproval of an expansion of an
existing Mobile Home Park from 77 lots to
109 10ts(SP 03-06) in accordance with
Section 15.2.2.14 of the Zoning Ordinance
which allows for mobile home subdivisions.
The property, described as Tax Map 32
Parcel 221, contains 25.95 acres, and is
located in the Rio Magisterial District at 2073
Cypress Drive, approximately one quarter
mile south of the intersection of Route 29 and
North Park Road. 21.13 acres of the property
is zoned R-4 residential and the remaining
4.82 acres are zoned LI Light Industrial. The
property is also zoned EC Entrance Corridor.
The Comprehensive Plan designates this
roperty as Neighborhood Density
esidential in the Hollymead Community.
(See Attachment A.)
STAFF CONTACT(S):
Echols
AGENDA DATE:
Planning Commission Public Hearing - June
21,2005
Board of Supervisors Public Hearing - July 6,
2005
ACTION: X
INFORMATION:
CONSENT AGENDA: NO
ACTION:
INFORMATION:
ATTACHMENTS: YES
REVIEWED BY:
BACKGROUND:
This request is to reapprove the special use permit SP 03-06 which allowed the 32-lot expansion
of the Cedar Hill Mobile Home Park. A copy of the staff report is included as Attachment 8. The
approved conditions are in Attachment C.
The expiration occurred for two reasons. First, the applicant has been trying to obtain off-site
sewer easements from the University Real Estate Foundation to allow a sewer connection
through North Fork Research Park. A different alignment for the sewer is being sought than
previously anticipated. (See Attachment D.) Secondly, although the applicant applied for an
extension of the permit before the expiration, the public hearing schedule resulted in a later action
date than the date of expiration of the Special Use Permit. The applicant made application on
February 29. 2005 and the Special Use Permit expired on June 3, 2005.
DISCUSSION:
Staff has reviewed the previously approved plan and file correspondence, new FEMA maps,
.urrent Code, and the current pian for the North Pointe development. There have been no
egulatory changes that would affect this project since it was approved in 2003. Staff also finds
no change of circumstance that would adversely affect this request.
1
Staff has also consulted with the Albemarle County Service Authority concerning a likely time
period for engineering approvals of sewer plans. The Service Authority staff has said that it is
difficult to predict how much time it will take since time periods for obtaining off-site easements,
which is the most time consuming part, can be substantial. Reapproving the previous special use
permit will result in an extension of two more years, which is what was requested by the applicant.
RECOMMENDATIONS:
Staff recommends reapproval Special Use Permit 03-06 with the following condition(s):
1. Pending the satisfaction of all conditions of approval for the special use permit and
modifications and waivers, a maximum of thirty-two (32) new mobile home lots shall be
allowed in the mobile home park. Those new lots shall be arranged generally in the areas
and configuration shown on the application plan, dated January 27, 2003;
2. No mobile home units shall be relocated or installed, nor shall any new construction activity
take place in the expanded area as illustrated on the application plan dated January 27,
2003 until after a site plan has been approved. No change in unit location shall occur on
the existing or expanded areas without a site plan approval;
3. A landscape plan shall be submitted for review with the required site plan; and
4. The stormwater and utility improvements illustrated on the application plan dated January
27, 2003 may be adjusted as approved by the agent on the final site plan if the agent
determines the adjustments to be more site sensitive, environmentally sensitive, visually
sensitive, and less obtrusive method to achieve the same results.
ATTACHMENTS
ATTACHMENT A: Location Map
ATTACHMENT B: Staff Report for SP 03-06
ATTACHMENT C: Special Use Permit approval letter dated June 12, 2003
ATTACHMENT D: Letter from Applicant dated February 2,2005
2
.
.
.
f-
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
Fax (434)972-4012
June 29, 2005
Marcia Joseph
481 Clarks Tract
Keswick, V A 22947
RE: SP 2005-009 Cedar Hill Mobile Estates Extension (Sign #32) - Tax Map 32, Parcel
221
Dear Ms. Joseph:
The Albemarle County Planning Commission, at its meeting on June 21, 2005, 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. Pending the satisfaction of all conditions of approval for the special use penn it and
modifications and waivers, a maximum of thirty-two (32) new mobile home lots shall be
allowed in the mobile home park. Those new lots shall be arranged generally in the areas
and configuration shown on the application plan, dated January 27, 2003;
2. No mobile home units shall be relocated or installed, nor shall any new construction
activity take place in the expanded area as il1ustrated on the application plan dated
January 27, 2003 until after a site plan has been approved. No change in unit location
shall occur on the existing or expanded areas without a site plan approval;
3. A landscape plan shall be submitted for review with the required site plan; and
4. The stormwater and utility improvements illustrated on the application plan dated
January 27, 2003 may be adjusted as approved by the agent on the final site plan if the
agent determines the adjustments to be more site sensitive, environmentally sensitive,
visually sensitive, and less obtrusive method to achieve the same results.
The Planning Commission also re-approved the following waivers and conditions granted with
the previous special use permit (SP-03-06), including the addition of the language "after issuance
of a certificate of occupancy" to 15.4.3.
1. Section 5.3.3.1: Modification to allow for the reduction in the 4,500 square foot area and
required 45-foot width for the 73 existing unit locations. No conditions recommended.
SP-05-09 Cedar Hill Mobile Home Park
Page 2
June 29, 2005
.
2. Section 5.3.4.1/ 5.3.7.1: Modification of the requirement, which states that each mobile
home shall be located on a mobile home lot, and that the lot shall provide space for outdoor
living and storage and may provide space for a parking space. This waiver sha1l only apply
to existing lots.
3. Section 5.3.4.2: Modification to allow the existing lot 1 09 to remain, without frontage on an
internal road. Adequate access sha1l be provided to this lot from a private driveway.
4. Section 5.3.4.3: Modification to allow for a reduction from the required 50 feet of minimum
ûistance betw'een a mûbile hûmc and any service or recreational structure to be used by
more than one unit. The recreation area shall be screened in accordance with the standards
of section 32.7.9.8.a of the Zoning Ordinance.
5. Section 5.3.4.4: Modification to allow for the reduction of the 30-foot minimum distance
between mobile home units. Fire hydrants shall be provided with the final site plan and
installed in conjunction with the improvements shown on the final site plan.
6. Section 5.3.5.2:. Modification to allow both existing and proposed mobile homes to be
located within the 50 foot required setback when the mobile home park is adjacent to a
residential or rural area district. Screening along the rear of lots 32-38 shall be provided in
accordance with the standards of Section 32.7.8.9a of the Zoning Ordinance.
.
7. Section 5.3.5.3: Modification to allow for a reduction of the 15 foot minimum setback from
the right of way of internal private streets, common walkways, and common recreation or
service areas. This distance may be increased to twenty-five feet for mobile homes or
structures at roadway intersections and along internal public streets. This modification shall
be conditioned to apply only to the existing lots.
8. Section 5.3.5.4: A modification to the required 6 foot set back from any mobile home space
lot line. This modification sha1l be conditioned to apply only to the existing lots.
9. Section 32.7.2.4: A waiver of the requirement for a development of 50 of more dwelling
units that reasonably direct vehicular access shall be provided from all residential units to
two (2) public street connections. Staff recommends that approval of this waiver be
conditioned upon the following: 1) An emergency access sha1l be constructed connecting
Cedar Hill Mobile Home Park with the access drive to Ennstone prior to any building
permits being issued for any new mobile home units; 2) The applicant shall submit to the
county a legally binding contract permitting use of the Ennstone access drive for
emergency access; 3) When the access road to Northside Drive is constructed, the applicant
shall construct the connection from the Cedar Hill Mobile Home Park to the new access
road as shown on the application plan dated January 27, 2003. Items 1 and 2 are to be
submitted with the site plan for review prior to final site plan approval.
.
10. Section 15.4.3: This code section provides a density bonus for low to moderate cost
housing, including for mobile homes in an approved mobile home park, provided the
development meets certain criteria for low to moderate cost housing. The applicant shall
enter into an agreement with the County ensuring that the lots sha1l be available as low or
moderate cost housing for a minimum of 5 years from the issuance of a certificate of
occupancy.
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SP-05-09 Cedar Hill Mobile Home Park
Page 2
June 29, 2005
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on July 6, 2005. 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 at (434) 296-5832.
Sincereìy,
7i!Lú~ tu~
Elaine Echols
Principal Planner - Development Areas
Planning Division
Cc:
Beard, C Ray - Trustee of the C Ray Beard Living Trust
2073 Cypress Drive
Charlottesville, VA 22911
Ella Carey
Amelia McCulley
Jack Kelsey
Steve Allshouse
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019
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N
'"
)
---:...
Attachment A
"32-10
32-1OC
32-10D
32-10E
32-1 OF
32-100
32-101
32-1OJ
32-10P
32-105
32-1OU
32-10V
32-10X
32-10Y
32-10Z
32-1OAA
32-1088
Scale
Albemarle County
Tax Map:
032
.....
-
...
Hole: This map is for dispiay purposas only
and shows psrr:els .s of 12/31/2003.
See Map Book Inltoduction for ecJdilionel details.
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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
SP 2003-006 Cedar Hill Mobile Home Park Estates
AGENDA DATE: ITEM NUMBERS:
Planning Commission, May 6, 2003
Board of Supervisors, June 4, 2003
SUBJECT/PROPOSAL/REQUEST: Request for special use
permit to allow an expansion of an existing Mobile Home Park
from 77 lots to 109 lots in accordance with Section 15.2.2.14
of the Zoning Ordinance which allows for mobile home
subdivisions. The property, described as Tax Map 32 Parcel
221, contains 25.95 acres, and is located in the Rio Magisterial
District at 2073 Cypress Drive, approximately one quarter mile
south of the intersection of Route 29 and North Park Road.
21.13 acres of the property is zoned R-4 residential and the
remaining 4.82 acres are zoned LI Light Industrial. The
property is also zoned EC Entrance Corridor. The
Comprehensive Plan designates this property as
Neighborhood Density Residential in the Hollymead
Community
STAFF CONTACTlS): Ms. Gillespie, Mr.Cilimberg
ACTION:
Yes - Recommend approval
INFORMATION:
CONSENT AGENDA:
ACTION:
INFORMATION:
ATTACHMENTS:
yes
REVIEWED BY:
BACKGROUND: The Cedar Hill Mobile Home Park special permit application was heard by the Planning Commission on
May 6, 2003. At the Planning Commission Meeting, staff presented the Commission with some suggested changes to the
recommended conditions (Attachment A). The changes were suggested in order to clarify the conditions and make them
more specific. At the May 6 meeting, the applicant also presented the Commission with several requested changes to the
conditions, to allow them future flexibility in implementation. (Attachment B) The Planning Commission approved the
Special Use Permit with the conditions recommended by staff on May 6. The Planning Commission requested that staff
work with the applicant to incorporate their conditions and reach consensus prior to the application being heard by the
Board of Supervisors. Staff has modified the recommended conditions of approval in response to the applicant's request.
(Attachment C).
RECOMMENDATION: The Planning Commission recommended approval, with conditions.
Attachments:
A -Amended Conditions of Approval May 6,2003 (with amended language, as approved by the PC)
B _ Applicant's requested Amended Conditions of Approval May 6, 2003)
C- Proposed Conditions of Approval May 27, 2003
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SP-2003-006 Cedar Hill Mobile Home Park
.
Recommended conditions of approval
Amended May 6, 2003
1. Pending the satisfaction of all conditions of approval for the special use pennit and modifications and
waivers, a maximum of 32 new mobile home lots shall be allowed in the mobile home park. Those new
lots shall be arranged generally in the areas and configuration shown on the application plan, dated January
27,2003.
2. No mobile home units shall be relocated or installed, nor shall any new construction activity take place
until after a site plan bas been approved.
3. A landscape plan shall be submitted for review with the required site plan.
Staff recommends Planning Commission approval of the following requested waivers and modifications of the
Zoning Ordinance with conditions as listed below. Should the Planning Commission find that these
modifications are appropriate, the conditions of approval should also be applied and incorporated with the
action for the special use pennit:
1. Section 5.3.3.1: Modification to allow for the reduction in the 4,500 square foot area and
required 45-foot width for the 73 existing unit locations. No conditions recommended.
2.
Section 5.3.4.1/5.3.7.1: Modification of the requirement, which states that each mobile home
shall be located on a mobile home lot, and that the lot shall provide space for outdoor living
and storage and may provide space for a parking space.
tIe 6ÐÐàitiOBS reeemmøÐded. This waiver shall only apply to existing lots.
.
3.
Section 5.3.4.2: .Modification to allow the existing lot 109 to remain, without frontage on an
internal road. Adequate access shall be provided to this lot from a private driveway.
4. Section 5.3.4.3: Modification to allow for a reduction from the required 50 feet of minimum
distance between a mobile home and any service or recreational structure to be used by more
than one unit. Ne oanàitiøBS reoømmended. The recreation area shall be screened in
accordance with the standards of section 32.7.9.8a of the Zoning Ordinance.
5. Section 5.3.4.4: Modification to allow for the reduction of the 3D-foot minimum distance
between mobile home units. Fire hydrants shall be shown with the final site plan and installed
in conjunction with the improvements shown on the fmal site plan.
é. Section 5.3.5.2: Modification to allow both existing and proposed mobile homes to be located
within the 50 foot required setback when the mobile home park is adjacent to a residential or
rural area district. }. raw efpl!mtiBgs aleng the rear snets 32 38 shall Be provided with the
final site JllaR, sa'ej eat te aJlf'TOyal by the ageÐt. Screening along the rear of lots 32-38 shall
be provided in accordance with the standards of Section 32.7 .8.9a of the Zoning
Ordinance.
7. Section 5.3.5.3: Modification to allow for a reduction of the 15 foot minimum setbackfrom
the right of way of internal private streets, common walkways, and common recreation or
service areas. This distance may be increased to twenty-five feet for mobile homes or
structures at roadway intersections and along internal public streets. This modification shall
be conditioned to apply only to the existing Sit1:1atiOB lots
.
8.
Section 5.3.5.4: A modification to the required 6foot set backfrom any mobile home space
lot line. This modification shall be conditioned to apply only to the existing sitllatien lots.
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9. Section 32.7.2.4: A waiver of the requirement for a development of 50 of more dwelling units
that reasonably direct vehicular access shall be provided from all residential units to two (2)
public street connections. Staff recommends that approval of this waiver be conditioned upon
the following: 1) An emergency access shall be constructed connecting Cedar Hill Mobile
Home Park with the access drive to Ennstone prior to any building permits being issues for
any new mobile home units; 2)The applicant shall submit to the county a legally binding
contract permitting use of the Ennstone access drive for emergency access; 3) When the
access road to Northside Drive is constructed, the applicant shall construct the connection
from the Cedar Hill Mobile Home Park to the new access road. Items 1 and 2 are to be
submitted with the site plan for review prior to [mal site plan approval.
10. Section 15.4.3: This code section provides a density bonus for low to moderate cost housing,
includingfor mobile homes in an approved mobile home park, provided the development
meets certain criteria for low to moderate cost housing. The applicant shall enter into an
agreement with the County ensuring that the lots shall be available as low or moderaLe cost
housing for a minimum of 5 years.
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Cedar Hill Mobile Estates
Amendments to the Conditions of Approval
May 6, 2003
Please modify number 2, to read "No mobile home units shall be relocated or installed, nor shall any new
construction activity take place in the expanded area as illustrated on the application plan dated January 27,2003,
until after a site plan has been approved."
Please add number 4. The improvements illustrated on the application plan dated January 27,2003 may be adjusted
if the applicant proposes a more advantageous, site sensitive, environmentally sensitive, visually sensitive, and less
obtrusive method to achieve the same results. For example, methüds of storm water Inrmagement and locations of
public utilities may be modified.
Please modify number 6 to read "A row ofplantings or opaque fencing along the rear oflots 32-38 shall be provided
with the [mal site plan, subject to approval by the agent."
On Tuesday, May 6,2003, at 10:45 AM, Tarpley Gillespie wrote:
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SP-2003-006 Cedar Hill Mobile Home Park
Recommended conditions of approval
Amended Ma-y 6, 2003May 26, 2003
1. Pending the satisfaction of all conditions of approval for the special use pennit and
modifications and waivers, a maximum of 32 new mobile home lots shall be allowed in
the mobile home park. Those new lots shall be arranged generally in the areas and
configuration shown on the application plan, dated January 27, 2003.
2. No mobile home units shall be relocated or installed, nor shall any new construction
activity take place in the expanded area as illustrated on the application plan dated
January 27,2003 until after a site plan has been approved. No change in unit location
shall occur on the existing or expanded areas without a site plan approval.
3. A landscape plan shall be submitted for review with the required site plan.
4. The stormwater and utility improvements illustrated on the application plan dated
January 27, 2003 may be adjusted as approved by the agent on the fmal site plan if
the agent determines the adjustments to be more site sensitive, environmentally
sensitive, visually sensitive, and less obtrusive method to achieve the same results.
Staff recommends Planning Commission approval of the following requested waivers and
modifications of the Zoning Ordinance with conditions as listed below. Should the Planning
Commission find that these modifications are appropriate, the conditions of approval should
also be applied and incorporated with the action for the special use permit:
1. Section 5.3.3.1: Modification to allow for the reduction in the 4,500 square
foot area and required 45-foot width for the 73 existing unit locations. No
conditions recommended.
2. Section 5.3.4.1/5.3.7.1: Modification of the requirement, which states that
each mobile home shall be located on a mobile home lot, and that the lot shall
provide space for outdoor living and storage and may provide space for a
parking space.
No eORèit-ions reeol11:HleRded. This waiver shall only apply to
existing lots.
3. Section 5.3.4.2: ..Modification to allow the existing lot 109 to remain, without
frontage on an internal road. Adequate access shall be provided to this lot
from a private driveway.
4. Section 5.3.4.3: Modification to allow for a reduction from the required 50
feet of minimum distance between a mobile home and any service or
recreational structure to be used by more than one unit. No eonditions
recomIDooàed. The recreation area shall be screened in accordance with
the standards of section 32.7.9.8a ofthe Zoning Ordinance.
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Section 5.3.4.4: Modification to allow for the reduction of the 30-foot
minimum distance between mobile home units. Fire hydrants shall be shown
with the final site plan and installed in conjunction with the improvements
shown on the final site plan.
& Section 5.3.5.2: Modification to allow both existing and proposed mobile
homes to be located within the 50 foot required setback when the mobile home
park is adjacent to a residential or rural area district. A rew of plantings
along the rear o[1ots 32 38 shall be provided with the final site plan, subject
to approval by the agent. Sreening along the rear of lots 32-38 shall be
provided in accordance with the standards of Section 32.7 .8.9a of the
Zûning Oïdinance.
.
.
7. Section 5.3.5.3: Modification to allow for a reduction of the 15 foot minimum
setback from the right of way of internal private streets, common walkways,
and common recreation or service areas. This distance may be increased to
twenty-five feet for mobile homes or structures at roadway intersections and
along internal public streets. This modification shall be conditioned to apply
only to the existing situation lots
8. Section 5.3.5.4: A modification to the required 6foot set backfrom any
mobile home space lot line. This modification shall be conditioned to apply
only to the existing sitaation lots.
9.
Section 32.7.2.4: A waiver of the requirement for a development of 5 0 of
more dwelling units that reasonably direct vehicular access shall be provided
from all residential units to two (2) public street connections. Staff
recommends that approval of this waiver be conditioned upon the following:
1) An emergency access shall be constructed connecting Cedar Hill Mobile
Home Park with the access drive to Ennstone prior to any building permits
being issues for any new mobile home units; 2)The applicant shall submit to
the county a legally binding contract pennitting use of the Ennstone access
drive for emergency access; 3) When the access road to Northside Drive is
constructed, the applicant shall construct the connection from the Cedar Hill
Mobile Home Park to the new access road. Items 1 and 2 are to be submitted
with the site plan for review prior to final site plan approval.
10. Section 15.4.3: This code section provides a density bonus for low to
moderate cost housing, including for mobile homes in an approved mobile
home park, provided the development meets certain criteria for low to
moderate cost housing. The applicant shall enter into an agreement with the
County ensuring that the lots shall be available as low or moderate cost
housing for a minimum of 5 years.
(1)
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STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
TARPLEYV. GILLESPIE
MAY 6,2003
JUNE 4, 2003
SP-2003-006 Cedar Hill Mobile Home Park
Applicant's Proposal:
The applicant's proposal is for a special use permit to allow for the expansion of an existing
mobile home park. The existing mobile home park is non-conforming and there is currently
no special use permit on the property. The applicant is requesting approval of the special use
permit with a series of waivers and modifications to the mobile home park standards for both
the existing mobile home park as well as some modifications and waivers for the proposed
new lots.
Petition:
The request is for a special use permit to allow an expansion of an existing mobile home park
from 77 lots to 109 lots in accordance with Section 15.2.2.14 of the Zoning Ordinance, which
allows for mobile home subdivisions. The property, described as Tax Map 32 Parcel 221,
contains 25.95 acres, and is located in the Rivanna Magisterial District at 2073 Cypress
Drive, approximately one quarter mile south of the intersection of Route 29 and North Park
Road. 21.13 acres of the property are zoned R-4 residential and the remaining 4.82 acres are
zoned LI Light Industrial. The property is also zoned EC Entrance Corridor. The
Comprehensive Plan designates this property as Neighborhood Density Residential in the
Hollymead Community. Attachment A, the Application Plan, includes a vicinity map of the
site.
Zonin!! History:
ZMA 1979-020
This parcel is split between two zoning designations. The eastern 4.82 acre portion of the
parèel fronting Route 29 and containing the Cedar Hill Mini Storage is zoned LI Light
Industrial. The remainder of the site, containing both the existing mobile home park and the
proposed expansion area is zoned R-4 Residential. In 1979, the 4.82-acre portion of this
property was rezoned from A1 to M1 (Attachment C). The property was rezoned from A1
and M1 to R4 and LI in 1980.
SP 1987-026
In 1987 a special use permit was approved to allow the mini storage warehouse on the
portion of the property zoned Light Industrial. The permit was approved with the conditions
that the building area be limited to 12,800 square feet in the 4.85 acre portion of the parcel
zoned Light Industrial; that all storage be enclosed, with no outside storage permitted, and
that the entrance to the property be from the existing entrance to Cedar Hill Mobile Home
Park. (Attachment D)
Character of the Area:
The subject parcel is currently developed with 77 mobile home units in a nonconforming
mobile home park. The site is located on the west side of Route 29, just south of the entrance
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to the North Fork Research Park. To the south of Cedar Hill MHP is the site of the recently
approved Ennstone concrete plant. To the west ofthe site is the North Fork Research Park.
To the east, across Route 29 is the proposed North Pointe development.
The North Pointe developers are proposing a new access road connecting Cedar Hill MHP to
Northside Drive. They propose a new crossover at 29 North and Northside Drive. At this
point in time, it is unclear if or when such improvements will occur. As part of this SP
request, the applicant proposes a road connection to the new access road and a relocation of
their existing entrance onto Route 29. These changes would only occur if and when North
Pointe constructs the new access road.
Comprehensive Plan:
The Comprehensive Plan designates this property as Neighborhood Density Residential,
which recommends 3-6 dwelling units per acre. Currently there are 77 mobile home lots,
resulting in a density of2.96 dwelling units per acre. The proposed increase from 77 units to
109 units would result in a density of 4.2 Units per acre.
The Neighborhood Model provides additional support to the Land Use Plan by setting forth
principles for how development should take place in Development Areas. Because this is a
largely non-confonning site with a relatively small portion that is available for further
development, staff recognizes that most of the twelve principles of the Neighborhood Model
do not apply to this proposal. Staffhas provided an assessment of the principles below.
·
Pedestrian Orientation - The current development contains an incomplete system of
sidewalks. The application plan proposes completing the existing sidewalk system as well as
sidewalks along the new street sections. The existing sidewalks are approximately 3 feet,
which is below the standard 4- foot width. The new sidewalks are proposed to be consistent
with the 3 foot width. Street trees are being providing along each proposed new road
segment. A new tot lot and a new recreation area are being proposed in central locations and
within eas walkin distance of both existin and ro ose,d lots.
Neighborhood Friendly Streets and Paths -Street trees and sidewalks are proposed along
all new street segments. The proposed new travelways will provide better interconnections
within the develo ment, which will result in a better distribution of traffic within the ark.
Interconnected Streets and Transportation Networks - The new travelways will provide
more interconnections within the existing development. The plan shows future access to the
existin Ennstone access drive and the ro osed connection to Northside Drive.
Parks and Opèn Space - The plan proposes a new tot lot and a new recreation area on the
site. The two new recreation areas are within walking distance of all of the existing and
ro osed residences.
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Neighborhood Centers _ The Neighborhood Model states that park or recreational areas
surrounded by residences can be considered neighborhood centers. The two new recreation
areas will function as public places within the development.
Buildings and Spaces of Human Scale - The limited sizes of the areas available for
expansion within this development and the mobile home units themselves reduces the
concern that buildings would not be built to a human scale. The nature of mobile home units
does not lend itself to creating a feeling of street enclosure.
Relegated Parking _ Parking is not visible from outside of the site. Parking fronting along
the interior travelwãys is unavoidable, due to t..l1e configuration of the lots and the dimensions
of the mobile homes. The new overflow parking area is located to the rear of the
development and will be fronted with street trees.
Mixtures of Uses _ The proposal does not include a plan for a mixture of uses. The
Neighborhood Model suggests a mixture of complementary uses and neighborhood services.
There is currently a mini storage use on the parcel along Route 29, but this use does not
relate to or serve the mobile home park. .
Mixture of Housing Types and Affordability - Mobile homes can provide affordable
housing. Although staff recognizes that mobile homes are available in various sizes, mobile
home parks are nonetheless characterized by the homogeneity ofthe units. As the
development area builds out, this site may provide a unique housing type within the
development area.
Redevelopment _ This proposal does promote infill within the Development Areas by
increasing the density on vacant portions of an existing development.
.
Site Planning that Respects Terrain - There are 15,500 square feet of critical slopes to be
disturbed, which is less than 2% ofthe site.
Clear Boundaries with the Rural Areas - This site does not share any of its boundaries
with adjacent properties that are located within the County's Rural Areas. This principle
does not apply.
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.
STAFF COMMENT:
Staff will address the issues of this request in two sections:
1. Section 31.2.4.1 of the Zoning Ordinance;
2. Modifications and Waivers of the Zoning Ordinance
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1. Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance:
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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 maybe
issued upon a fmding by the Board of Supervisors that such use will not be of substantial
detriment to adjacent property. The recently approved Ennstone concrete mixing plant joins
the southern edge of the property. The northern edge of the property abuts residential uses.
The western edge of the property abuts the North Fork Research Park property. The
proposed expansion of the mobile home park will not have an adverse impact on the
surrounding properties. The northern section of the site proposed for expansion contains
abandoned cars and other items and detracts from the character of the area. The proposed
expansion will improve the character of the site from within the park. The properties to the
north are buffered by existing vegetation. The adjacent mini storage is currently screened
from the mobile home park. The plan proposes replacing this vegetated buffer after
construction as well as providing some additional vegetative screening between the Route 29
Entrance Corridor and the property.
that the character of the district will not be changed therebv.
·
This site is located within a R-4 Residential zoning district with the adjacent properties to the
north zoned R -1 Residential and the properties immediately to the west, south and east are
zoned Industrial. The applicant is requesting a 30% density bonus in exchange for providing
low to moderate cost housing. Chapter 15.1 of the Zoning Ordinance states that the R-4
districts are intended, in part, to "provide for compact, medium-density, single family
development; and pennit a variety of housing types."
While the density of the development will be slightly higher than that allowed by right in the
district, it is consistent with the density bonus allowed in this district for the provision oflow
and moderate housing. Although mobile home parks are characterized by the presence of a
single type of dwelling unit, they do allow another affordable housing option within the
district.
and that such use will be in harmonv with the purpose and intent of this ordinance.
Staffhas reviewed this request with consideration for the purpose and intent of the Zoning
Ordinance as stated in Section 1.4. The Zoning Ordinance is intended to be in accord with
the Comprehensive Plan, in part, to "improve public health, safety, convenience and welfare
of citizens of Albemarle County." The provision of affordable housing is consistent with the
County's Comprehensive Plan and Housing Strategy goal to "promote a variety of safe,
sanitary and affordable housing types for County residents of all income groups." One of the
objectives of the Housing Strategy plan is to provide or encourage development of a variety
of affordable housing types." Mobile homes provide affordable housing.
·
Section 1.5 (Relation to Environment) states in part that the "ordinance is designed to treat
lands which are similarly situated and environmentally similar in a like manner with
reasonable consideration for the existing use, and character of properties, the Comprehensive
Plan, the suitability of property for various use." The Cedar Hill Mobile Home Park has
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existed on this property for many years, and the areas proposed for expansion are located
entirely within the boundaries of the site. Therefore, it is staff s opinion that this proposal
may be considered to be consistent with the purpose and intent of the Zoning Ordinance and
the goals of the Comprehensive Plan as they relate to the provision of affordable housing.
with the uses pennitted bv right in the district.
Approval of this request will not negatively affect any of the by-right uses that are allowed
within the district.
with additional regulations provided in Section 5.0 of this ordinance.
The supplemental regulations of Section 5.3 of :the Zoning Ordinance set forth the standards
governing mobile home parks and are addressed below with the review of the requested
modifications.
and with the public health. safety and general welfare.
Based on Institute of Transportation Engineers [ITE] traffic generation figures, one mobile
home generates 4.81 vehicular trips per day. Therefore, the 32 additional mobile homes can
be projected to create an estimated 154 new trips per day.
Section 32.7.2.4 of the Zoning Ordinance specifically states, "For a development of fifty (50)
or more dwelling units, reasonably direct vehicular access shall be provided from all
residential units to two (2) public street connections." The applicant is seeking a waiver to
this requirement to allow all mobile home units to be accessed from the current entrance.
They are also seeking approval for a Phase II plan to relocate Cypress drive with the new
crossover into North Pointe and to construct a new entrance at the mini storage. Staff
supports this strategy with the provision that an emergency access be developed to serve the
park until Cypress Drive is relocated and two means of access are created. A possibility
might be an emergency access connecting the mobile home park to the Ennstone access
drive.
2. Section 5.3 _ Supplemental Regulations for Mobile Home Parks:
Section 5.3 of the Zoning Ordinance regulates mobile home parks. The existing Cedar Hill
Mobile Home Park is an existing non-confonning site and does not comply with the
provisions of Section 5.3.
The applicant is requesting modifications and waivers of the requirements of Section 5.3 in
order to allow the existing mobile homes to remain in their current locations and to achieve
the desired increase in density. In some cases, a modification is necessary to reduce the
requirement and in other cases a waiver of a requirement is requested to eliminate the
requirement altogether. The applicant requests the following modifications and waivers:
1. Section 5.3.3.1: Modification to allow for the reduction in the 4,500 square foot area
and required 45-foot width for the 73 existing unit locations.
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While the existing mobile homes meet the average of the requirements in Section
5.3.3.1, each mobile home lot does not meet these requirements. Staff supports the
· requested modification to reduce the required 4,500 square foot area and 45-foot
width for existing units. This recommendation only pertains to the existing lots.
2. Section 5.3.4.1/5.3.7.1: Modification of the requirement, which states that each
mobile home shall be located on a mobile home lot, and that the lot shall provide
space for outdoor living and storage and mayprovide space for a parking space.
New common space has been provided for recreation and parking in three areas
throughout the park. Therefore, staff supports the requested modification of the
requirement that each mobile home be located on a mobile home lot and provide
space for outdoor living and storage areas. However, this modification should apply
only to the existing lots.
3. Section 5.3.4.2 Modification to allow the existing lot 109 to remain, without frontage
on an internal road. Lot 109 is located at the northern terminus of the internal road
network. Staffhas some concern about the lack of frontage for this lot and
recommends that adequate access via a private driveway be ensured as part of site
plan approval for this project.
4. Section 5.3.4.3: Modification to allow for a reduction from the required 50 feet of
minimum distance between a mobile home and any service or recreational structure
to be used by more than one unit. The proposed tot lot is located within 50 feet oflot
74 (existing) and lot 21 (proposed). The proposed recreation are~ is within 50 feet of
· lot 53 (existing) and lot 31 (proposed). The application plan provides new vegetative
screening to buffer the recreation area and tot lot from the mobile home lots. Because
of the increased vegetation proposed, staff is supportive of this request.
5. Section 5.3.4.4: Modification to allow for the reduction of the 30-foot minimum
distance between mobile home units. Some existing mobile homes do not meet the 30
foot separation requirement. A modification is necessary to allow lots 43-109 of the
existing mobile homes to remain in their current location. Public water is available to
this site. Staff recommends that approval of this modification be conditioned upon
the requirement that additional fire hydrants be provided with the final site plan, as
required.
6. Section 5.3.5.2: Modification to allow both existing and proposed mobile homes to be
located within the 50 foot required setback when the mobile home park is adjacent to
a residential or rural area district. Lot 109 (existing) and lots 32-38 (proposed) do
not meet the required setback to the adjacent R-l property. There is an off site
vegetative buffer between the site and the existing residential uses. Prior to final site
plan approval, applicant will be required to meet the landscape screening
requirements of Section 32.7.9 Staff recommends that the applicant provide a row of
plantings along the rear of lots 32-38 to compensate for this encroachment into the
setback.
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7. Section 5.3.53: Modification to allow for a reduction of the 15 foot minimum setback
from the right of way of internal private streets, common walkways, and common
recreation or service areas. This distance may be increased to twenty-five feet for
mobile homes or structures at roadway intersections and along internal public
streets. Lots 43-109 (existing) do not meet this setback requirement. The applicant
requests that the lots be permitted to remain in their current locations. Staff has no
objection to this request.
8. Section 53.5.4: A modification to the required 6foot set back from any mobile home
space lot line. Lots 43-109 (existing) do not meet this requirement. The applicant
requests that all the current non-conforming lots remain in their existing locations
maintaining the established relationship of the mobile home units to the sidewalk,
street and parking areas. Staffhas no objection to this request.
9. Section 32.7.2.4: A waiver of the requirement for a development of 50 of more
dwelling units requiring that reasonably direct vehicular access shall be provided
from all residential units to two (2) public street connections. The applicant requests
that this requirement be waived due to the current uncertainty about when the
proposed access road to Northside Drive will be constructed. Staff recommends that
approval of this waiver be conditioned up the following: 1) An emergency access be
constructed connecting Cedar Hill Mobile Home Park with the current access drive to
Ennstone; 2) The applicant submit to the county a legally binding contract permitting
use ofthe Ennstone access drive for emergency access; 3) When the access road to
Northside Drive is constructed, the connection from the Cedar Hill Mobile Home
Park to that road is to be constructed by the applicant. Items 1 and 2 are to be
submitted with the site plan for review prior to final site plan approval.
10. Section 15.43: This code section provides a density bonus for low to moderate cost
housing, including mobile homes in an approved mobile home park, provided the
development meets certain criteria for low to moderate cost housing. The applicant is
seeking a 30% density bonus for the provision of low to moderate cost housing. Staff
supports the density bonus request to further the Comprehensive Plan goal of
providing quality affordable housing in the Development Areas, with the condition
that the applicant enter into an agreement with the County that the lots shall be
available as low or moderate cost housing fora minimum of 5 years.
11. Section : A waiver is required from the Planning Commission to allow the drawing
to be submitted at a 1 "=50' scale. The orµinance requires a 1" = 40' scale drawing.
Staff concurs with the applicant that the scale provided is appropriate to review the
applicant plan.
sUMMARY:
Staff has identified the following factors, which are favorable to this request to amend the
existing special use permit:
1. The proposal will make an existing nonconforming Mobile Home Park conforming.
2. The expansion will include cleaning up and improving an existing parking and
storage area on the northern portion of the property.
7
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4.
· 5.
6.
7.
8.
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The proposed new streets will improve connectivity within the development.
The new tot lot and recreation area will provide an amenity to both existing and new
lots.
A new common parking area is being provided to serve both existing and future lots.
Additional screening of the mini storage complex to Route 29 is being provided as a
part of this request.
The sidewalk network will be completed along both existing and new travelways.
This development is consistent with the Comprehensive Plan's goals for providing
safe, sanitary and affordable housing.
Staff has identified the following factors, which are unfavorable to this request:
1. There is no specific timeframe identified for the relocation of Cypress Drive and
construction of the access road to Northside Drive and the Crossover at Route 29.
2. Only one primary means of access from Route 29 to the development is proposed.
3. The existing and proposed mobile home lots will not conform with all of the
standards for Mobile Homes required by Section 5.3 of the Zoning Ordinance.
The following factors are relevant to this consideration:
· The Albemarle County Architectural Review Board reviewed this proposal on April 21,
2003. The ARB expressed no objection to the Special Use Permit, based on plans
submitted, with the following conditions:
1. All landscaping shall be included with the initial phase of construction except for
landscaping associated with entrances and roads to be constructed in future
phases.
2. All phases of construction shall include appropriate landscaping as viewed from
the entrance corridor, as approved by the ARB.
·
RECOMMENDED ACTION:
Although some unfavorable factors have been identified in this proposal, staff believes that
the benefits of the overall improvements to the site outweigh the negatives. Support for the
modifications and waivers is based largely on two factors. First, staff believes that the
proposed improvements will have a positive impact on the quality of life for the existing
residents. Second, the increased density will help to achieve a county goal of providing
quality affordable housing.
Staff has reviewed this request for compliance with the provisions set forth in Section
31.2.4.1 of the Zoning Ordinance and recommends approval with conditions.
Recommended conditions of approval:
1. Pending the satisfaction of all conditions of approval for the special use permit and
modifications and waivers, a maximum of 32 new mobile home lots shall be allowed in
the mobile homè park. Those new lots shall be arranged generally in the areas and
configuration shown on the application plan, dated January 27,2003.
·
8
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2. No mobile home units shall be relocated or installed, nor shall any new construction
activity take place until after a site plan has been approved.
3. A landscape plan shall be submitted for review with the required site plan.
Staff recommends Planning Commission approval of the following requested waivers and
modifications of the Zoning Ordinance with conditions as listed below. Should the Planning
Commission find that these modifications are appropriate, the conditions of approval should
also be applied and incorporated with the action for the special use permit:
1. Section 5.3.3.1: Modification to allow for the reduction in the 4,500 square foot area
and ïequired 45-foot width for the 73 existing unit locations. No conditions
recommended.
2. Section 5.3.4.1/5.3.7.1: Modification of the requirement, which states that each
mobile home shall be located on a mobile home lot, and that the lot shall provide
space for outdoor living and storage and may provide space for a parking space.
No conditions recommended.
3. Section 5.3.4.2: _Modification to allow the existing lot 109 to remain, without
frontage on an internal road. Adequate access shall be provided to this lot from a
private driveway.
4. Section 5.3.4.3: Modification to allow for a reduction from the required 50 feet of
minimum distance between a mobile home and any service or recreational structure
to be used by more than one unit. No conditions recommended.
5. Section 5.3.4.4: Modification to allow for the reduction of the 30-foot minimum
distance between mobile home units. Fire hydrants shall be provided with the final
site plan.
6. Section 5.3.5.2: Modification to allow both existing and proposed mobile homes to be
located within the 50 foot required setback when the mobile home park is adjacent to
a residential or rural area district. A row ofplantings along the rear oflots 32-38
shall be provided with the final site plan, subject to approval by the agent.
7. Section 5.3.5.3: Modification to allow for a reduction of the 15 foot minimum setback
from the right of way of internal private streets, common walkways, and common
recreation or service areas. This distance may be increased to twenty-five feet for
mobile homes or structures at roadway intersections and along internal public
streets. This modification shall be conditioned to apply only to the existing situation.
8. Section 5.3.5.4: A modification to the required 6foot set backfrom any mobile home
space lot line. This modification shall be conditioned to apply only to the existing
situation.
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9.
Section 32.7.2.4: A waiver of the requirement for a development of 50 of more
dwelling units that reasonably direct vehicular access shall be provided from all
residential units to two (2) public street connections. Staff recommends that approval
of this waiver be conditioned upon the following: 1) An emergency access shall be
constructed connecting Cedar Hill Mobile Home Park with the access drive to
Ennstone; 2)The applicant shall submit to the county a legally binding contract
pennitting use of the Ennstone access drive for emergency access; 3) When the
access road to Northside Drive is constructed, the applicant shall construct the
connection from the Cedar Hill Mobile Home Park to the new access road. Items 1
and 2 are to be submitted with the site plan for review prior to final site plan approval.
.
10. Section 15.4.3: This code section provides a density bonus for low to moderate cost
housing, including for mobile homes in an approved mobile home park, provided the
development meets certain criteria for low to moderate cost housing. The applicant
shall enter into an agreement with the County ensuring that the lots shall be available
as low or moderate cost housing for a minimum of 5 years.
ATTACHMENTS:
A.- Special Use Permit Application and Application Plan with Vicinity Map
B.- Property Tax Map
C.- Approval Letter for ZMA 79-20
D. - Approval Letter for SP 87-026
.
.
10
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ATTACHMENT A
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TM 32 PARCEL 22I part of
January 27,2003
NOTES
TOTAL ACREAGE 25.98 ACRES
PROPERTY IS SPlIT ZONED R-4 21.13 ACRES. AND L-I 4.85 ACRES
SPECIAL PERMIT REQUESTED ON PROPERTY LOCATED IN R-4 ZONING
DISTRICT
SPECIAL PERMIT REQUEST SECTION 15.2.2.14 MOBn.E HOME PARKS
EXISTING SEVENTY SEVEN NON-CONFORMAING LOTS
PROPOSED ONE HUNDRED NINE LOTS
DENSITY BONUS REQUESTED - SECTION 15.4.3 LOW AND MODERATE
COST HOUSING
BY -RI6HT DENSITY - B4 LOTS
BONUS DENSITY (30") - 109 LOTS
WAIVER REQUESTS - DRAWING SCALE REQUIRED 1· = ~
ORA WING SCAlE REQUESTED l' = 50'
CRITICAL SlOPES - 1!I,!IOO SF WILl BE DISTURBED
LESS THAN 2% OF THE SITE
TWO MEANS OF ACceSS - PLANS FOR ROUTE 29N IMPROVEMENTS
NOT Q.EAR AT THIS TIME (APRIL 2003)
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THIS SITE IS CURRENTLY SERVED BY PUBlIC WATER.
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THE FINAL SITE PLAN REFlEC'TING THE INTENT OF THE
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ATTACHMENT A
:Joseph __ LLC
481 Clerks Tract
KeswIck, Vlrglm. 221147
Phone 434-M4-41"
Fax .34-9.....3Ø8
Em.1I marde4810..rthllnk.net
SHEET FIVE
OF SEVEN
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CEDAR HILL MOBILE ESTATES
APPLICA TION PLAN
MOBILE HOME PARK
SPECIAL PERMIT
TM 32 P 22I part of
JANUARY 27, 2003
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481 Clerks T...ct
Keswick, VIlli'"'. U~7
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F..: 4~30g8
Em_n marda481...rthllnk.net
SHEET SEVEN
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ATTACHMENT C
G
ROBERTW. TUCKER. .JR.
DIRKCTOR O~ ~LANNINO
Department of Planning
. e04/2e8-eS23
414 EAST M....RKET STREET
CHARLOTTESVIL.L.E. VIRGINI.... 22e01
RON....LD S. KEELER
....818TANT DIRECTOR 0" ~LANNINO
DOUGLAS W. ECKEL
8...10.. ~L.ANN.R
Ju1.y 23, 1.979
N....NCY M....SON CAPERTON
~L.ANNER
IDETTE CHÂRUE KIMSEY
~LANNIER
Cedar Hi1.1. Homes Ltd. Ptrn.
ROute 29 North
Char1.ottesvi1.1.e, Virgir~a 22901
Re: BOARD OF SUPERVISORS ACTION
Request for ZMA-79-2Q
Dear Sir:
.
This is to advise you that the Al.bemarle County Board of Supervisors at
its meeting Ju1.y 18, 1979, approved you request to rezone 4.85 acres from
A-1. to M-l (.County Tax Map 32, Parce1. 22I, part thereof).
jg/
cc: Fi1.e
. Sincerely ,
. ,.;U-/ð.í##~
Jane Gloeckner
P1.anning Department
. "
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·
May 22, 1987
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 McIntire Road
Charlottesville. Virginia 22901-4596
(804) 296-5823
Ray C. Beard
Rt. 8, Box 16
Charlottesville, VA 22901
,
RE: SP-87-~6 Ray C. Beard
Dear Mr. Beard:
·
The Albemarle County Board of Supervisors, at its meeting on
May 20, 1987, unanimously approved the above-noted request
to allow mini-storage warehouse on property zoned LI, Light
Industrial. Property, located on the west side of Rt. 29N,
near Cedar Hill Mobile Home Park. Tax Map 32, Parcel 221.
please note that this approval is subject to the following
conditions:
1. Building area limited to 12,800 square feet in the 4.85
acre portion of the parcel zoned light industrial;
2. All storage shall be enclosed. No outside storage
shall be permitted;
3. Entrance to the property shall be from the existing
entrance to Cedar Hill Mobile Home Park.
'If you should have any questions or comments regarding the
above noted action, please do not hesitate to contact me.
cerely,
r:P~
o n T. P. Horne
rector of Planning & community Development
· JTPH/jcw
(i)
:J..(
Attachment C
COUNTY OF ALBEMARLE
DepartmeT\t of Planning & Community Development
401 Mclntire Road, Room 218
Charlottesville, Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 4012
June 12, 2003
Marcia Joseph
481 Clarks Tract
Keswicl, VA 22947
RE: SP-03-06 Cedar Hill Mobile Estates (Sign #32)
Tax Map 32, Parcel 221
Dear Ms. Joseph:
The Albemarle County Board of Supervisors, at its meeting on June 4, 2003, by a vote of 6:0, approved the above-
noted request. Please note that this approval is subject to the following conditions:
1. Pending the satisfaction of all conditions of approval for the special use permit and modifications and waivers, a
maximum of thirty-two (32) new mobile home lots shall be allowed in the mobile home park. Those new lots
shall be arranged generally in the areas and configuration shown on the application plan, dated January 27,
2003; ~
2. No mobile home units shall be relocated or installed, nor shall any new construction activity take place in the
expanded area as illustrated on the application plan dated January 27,2003 until after a site plan has been
approved. No change in unit location shall occur on the existing or expanded areas without a site plan approval;
3. A landscape plan shall be submitted for review with the required site plan; and
4. The stormwater and utility improvements illustrated on the application plan dated January 27, 2003 may be
adjusted as approved by the agent on the final site plan if the agent determines the adjustments to be more site
sensitive, environmentally sensitive, visually sensitive, and less obtrusive method to achieve the same results.
In the event that the use, structure or activity for'which this special use permit is issued shall not be commenced
within twenty-four (24) months after the issuance of such permit, the same shall be deemed abandoned and the
authority granted th~reunder shall thereupon terminate. For purposes of this section, the term "commenced" shall be
construed to include the commencement of construction of any structure necessary to the use of such permit within
two (2) years from the date of the issuance.
Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the Zoning
Department will issue a clearance, you must comply with the conditions in this letter. For further information, please
call Jan Sprinkle at 296-5832. .
If you should have any questions or comments regarding the above-noted action, please do not hesitate to contact
me.
Sincerely,
o ,
VWCf¡cf
Cc:
Amelia McCulley
T ex Weaver
Matt Grimes, VDOT
Jack Kelsey
SteveAllshouse
@
Attachment 0
..---="
Ray Beard
2073 Cypress Drive
Charlottesville, Virginia 22911
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.
V. Wayne Cilimberg
Director of Planning and Community Development
401 McIntire Road
Charlottesville, Virginia 22902-4012
February 2, 2005
Re: SP-03-06 Cedar Hill Mobile Estates
Tax Map 32 Parcel 221
Dear Mr. Cilimberg:
This letter will serve as a request to extend the approval of
the special use permit for the Cedar Hill Mobile Estates. The special
permit was approved by the Albemarle County Board of Supervisors at
its' meeting on June 4, 2003.
.
My request is for an extension to June 4, 2007. The reason for my
request is related to installation of the sewer line to serve
existing units and the approved expansion of Cedar Hill. I have
decided to connect to the existing sewer line that serves the North
Fork Industrial Park using a forced main system. This system will
collect the effluent in the north eastern corner of the site and then
it will travel to the west and through the designated Open Space on the
North Fork Industrial Park to connect to the sewer line within the
Industrial Park.
Working with my planner, engineer and surveyor, communicating with
the Albemarle County Service Authority, and negotiating with the
adjacent owner to come to agreement on the proposed new route of the
sewer line has taken more time than I had anticipated.
.
We are very close to creating a written agreement with the owners of
the North Fork Industrial Park to allow the sewer line to travel
through the park. However, because we have not had a formal agreement
it has placed all other work related to this project on hold. It
will be impossible for us to begin work and vest this project by June
4, 2005. I ask that you relay this information to the Albemarle County
Planning Commission and the Albemarle County Board of Supervisors and
request that they grant an extension of the approval of SP-03-06
Cedar Hill Mobile Estates to June 4, 2007.
If you hav please contact me.
(1re1 ·
Ray Üa (j
Joseph Associates LLC
481 Clarks Tract
Keswick, Virginia 22947
Phone 434-984-4199
Fax 434-984-3098
Œ
'NT
ORDINANCE NO. 05-3(2)
AN ORDINANCE TO AMEND AND REORDAIN ARTICLE II, DISTRICTS OF STATEWIDE
SIGNIFICANCE, OF CHAPTER 3, AGRICULTURAL AND FORESTAL DISTRICTS, OF THE CODE OF
THE COUNTY OF ALBEMARLE, VIRGINIA.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Article II,
Districts of Statewide Significance, of Chapter 3, Agricultural and Forestal Districts, of the Code of the
County of Albemarle, Virginia, is hereby amended and reordained by amending Section 3-222,
Moorman's River Agricultural and Forestal District, as follows:
ARTICLE II. DISTRICTS OF STATEWIDE SIGNIFICANCE
DIVISION 2. DISTRICTS
Sec. 3-222 Moorman's River Agricultural and Forestal District.
The district known as the "Moorman's River Agricultural and Forestal District" consists of the
following described properties: Tax map 27, parcels 32, 34, 34A, 40, 40A, 40A 1, 42, 42A; tax map 28,
parcels 2, 2A, 3,4,5,6, 6A, 6B, 7, 7A, 7A1, 7B, 8,12, 12A, 12B, 13, 17A, 17C, 18, 23B, 23B1, 30, 30A,
30B 32B, 320, 34B, 35, 35B, 37, 37 A, 37B, 37C, 38; tax map 29, parcels 2C, 4E, 8, 8B, 8E, 8E1, 8H, 8J,
8K,9, 10, 15C,40B,40C,40D,49C, 50, 54A,61,62,63,63A,63D,67C,69D,69 F, 70A, 70B, 70C, 70F,
70F1, 70G, 70H1, 70K, 70L, 70M, 71, 71A, 73B, 74A, 76, 78, 79C, 80, 84, 85; tax map 30, parcels 10,
10A, 12, 12C, 120, 17 A, 18E; tax map 41, parcels 8, 8B, 8C, 80, 9E, 15, 15A, 17C, 18, 41 C, 41 H, 44, 50,
67, 67B, 68, 70, 72, 72B, 72C, 720,89; tax map 42, parcels 5, 6, 6B, 7, 8, 8A, 8C, 10, 10A, 100, 37F,
37J, 38, 40, 40C, 400, 4001, 40G, 40H2, 41, 42B, 43, 43A, 44; tax map 43, parcels 1,3, 3A, 3C, 3D, 4C,
40,5, 5A, 9,10, 16B2, 16B3, 18E4, 18G, 18J, 191, 19N, 19P, 20A, 20B, 20C, 21, 21A, 24, 25A, 25B, 30,
30A, 30B, 300, 30G, 30H, 30M, 30N, 32H, 33, 33E, 3401, 41, 42, 43, 43A 1, 44, 45, 45C, 450; tax map
44, parcels 1,2,24,26, 26A, 26C, 27B, 27C, 28, 29, 29A, 290, 30, 30A, 30B, 31, 31A, 31A1, 310, 31F,
31G; tax map 59, parcels 32, 32A, 34, 35, 82A. This district, created on December 17,1986 for not more
than ten years and last reviewed on December 1, 2004, shall be next reviewed prior to December 1,
2014.
(4-14-93; 12-21-94; 4-12-95; 8-9-95; Code 1988, § 2.1-4(g); Ord. 98-A(1), 8-5-98; Ord. 99-3(4), 5-12-99;
Ord. 00-3(1), 4-19-00; Ord. 04-3(4),12-1-04; Ord. 04-3(2), 7-6-05)
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of five to zero, as recorded
below, at a regular meeting held on July 6. 2005.
Vú,wf~
Mr. Bowerman
Mr. Boyd
Mr. Dorrier
Mr. Rooker
Ms. Thomas
Mr. Wyant
Aye Nay
y:
y:
Absent
y:
y:
y:
.
.
.
F
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
Fax (434) 972-4012
June 21,2005
Edgar 11. Bronfman
PO Box 134
Free Union, V A 22940
RE: Additions to the Moorman's River AgriculturalfForestal District
Tax Map 29, Parcel15C
Dear Mr. Bronfman:
The Albemarle County Planning Commission, at its meeting on June 14,2005, unanimously recommended
approval of your application for addition to the Moorman's River AgriculturallForestal District to the
Board of Supervisors.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on July 6, 2005. 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 at (434) 296-5832, ext. 3439.
Sincerely,
~~
Rebecca Ragsdale
Senior Planner
Planning Division
RR/aer
Cc:
Ella Carey
Amelia 11cCulley
Jack Kelsey
Steve Allshouse
COUNTY OF ALBEMARLE
Department of Commnnity Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
Fax (434) 972-4012
June 21, 2005
John and Marilyn Marshall
3445 Free Union Road
Charlottesville V A 22901
RE: Additions to the Moorman's River Agricnltnral/Forestal District
Tax Map 29, Parcel 85
Dear Mr. and Mrs. Marshall:
The Albemarle County Planning Commission, at its meeting on June 14,2005, unanimously recommended
approval of your application for addition to the Moonnan's River AgriculturallForestal District to the
Board of Supervisors.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on July 6,2005. Any new or additional infonnation 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 at (434) 296-5832, ext. 3439.
Sincerely,
~~
Rebecca Ragsdale
Senior Planner
Planning Division
RRlaer
Cc: Ella Carey
Amelia McCulley
Jack Kelsey
Steve Allshouse
.
.
.
COUNTY OF ALBEMARLE
Department of Comm unity Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
Fax (434) 972-4012
June 21, 2005
Toad Hollow Farm LLC
1574 Browns Gap Turnpike
Charlottesville VA 22901
RE: Additions to the Moorman's River Agricultural/Forestal District
Tax Map 41, Parcel15A
Dear Sir or Madam:
The Albemarle County Planning Commission, at its meeting on June 14,2005, unanimously recommended
approval of your application for addition to the Moorman's River Agricultural/Forestal District to the
Board of Supervisors.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on July 6,2005. Any new or additional information regarding your
application must be submitted to the Clerk ofthe 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 at (434) 296-5832, ext. 3439.
Sincerely,
~tU~vL
Rebecca Ragsdale
Senior Planner
Planning Division
RRJaer
Cc:
Ella Carey
Amelia McCulley
Jack Kelsey
Steve Allshouse
.
STAFF PERSON:
AF ADVISORY COMMITTEE:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Rebecca Ragsdale
June 13, 2005
June 14, 2005
July 6, 2005
MOORMAN'S RIVER AGRICULTURAL & FORESTAL DISTRICT ADDITIONS
Purpose: The Agricultural and Forestal Districts program is an important voluntary protection
measure utilized in the County. It is enabled by state law and adopted by the Board of Supervisors
in Chapter 3 of the County Code. Through the program, rural land is safeguarded and the
County's policy goal of protecting "Albemarle's agricultural and forests as a resource base for its
agricultural and forestry industries and for related benefits they contribute towards the County's
rural character, scenic quality, natural environment, and fiscal health" is implemented. The
purpose of an Agricultural and Forestal District is further described in the County Code, adding
that agricultural and forestal lands should be protected as valuable natural and ecological
resources which provide essential open space for clean air sheds, watershed protection, wildlife
habitat, as well as for aesthetic purposes.
Effects of a District:
I. The District provides a community benefit by conserving and protecting farmlands and
forest; environmental resources such as watersheds, air quality, open space, and wildlife
habitat; and scenic and historic resources.
2.
The State Code stipulates that the landowner receive certain tax benefits, and restrictions
on public utilities and government action (such as land acquisition and local nuisance
laws) to protect the agricultural! forestal use of the land. In exchange, the landowner
agrees not to develop the property to a "more intensive use" during the specified number
of years the district is in effect.
.
3. The State Code stipulates that, "Local ordinances, comprehensive plans, land use
planning decisions, administrative decisions and procedures affecting parcels of land
adjacent to any district shall take into account the existence of such a district and the
purposes of this chapter." The district does not necessarily affect by-right use of adjacent
property, but could restrict proposed rezonings or uses by special use permit if they were
determined to be in conflict with the adjacent agricultural! forestal uses. Districts are
shown on the official Comprehensive Plan map each time it is updated.
In general, a district may have a stabilizing effect on land use. The property owners in the district
are making a statement that they do not intend to develop their property in the near future, and
that they would like the area to remain in agricultural and forestal uses. Adjacent property
owners may be encouraged to continue agricultural uses if they do not anticipate development of
adjacent lands. Currently, there are 24 agricultural!forestal districts in the County containing
approximately 66,267 acres which is about 14 percent of the County's land area.
Moorman's River Ae:ricultural and Forestal District
.
The Moorman's River AF District was created on December 17, 1986, and originally included
8,035 acres. Since its creation, there were several additions and during the last review in
December 2004 there were several withdrawals/additions to the district. Currently, 10,500 acres
are in the district (Attachment A), located in the northwest area of the County and in the vicinity
of Free Union and White Hall, with portions of the district bordering Route 601 (Garth Road/Free
Union Road), Route 614 (Garth Road), Route 665, Route 671 (Millington Road), and Route 680
(Browns Gap Turnpike).
Proposed Additions to the Moorman's River AF District:
Leeal Description:
Additions to the Moorman's River Agriculture/Forestal District-- Requests to add three parcels to
the Moorman's River Agricultural and Forestal District, in accordance with Section 3-203 of the
Albemarle County Code, which allows for additions of land to Agricultural and Forestal Districts.
The first property, described as Tax Map 29, Parcel 15C, contains 60 acres and is located south
on Millington Road (Route 665) near its intersection with Free Union Road (Route 601). The
second property, described as Tax Map 29, Parcel 85 contains 22 acres and is located 3445 Free
Union Road. The third property, described as Tax Map 41, Parcel 15A, contains 37 acres and is
located at 4333 Cannon Brook Way, on the east side of Browns Gap Turnpike (Rt. 680),
approximately 2 miles south of White Hall. All three properties lie within the White Hall
Magisterial District and are zoned RA (Rural Areas). The Comprehensive Plan designates all
three properties as Rural Area.
AericuiturallForestal Sienificance of Requested Additions:
TMP 29-15C-Bronfman Property (Attachment B)
This parcel was originally 70 acres in size and was withdrawn from the Moorman's River AF
District during the last review in December 2005. Since that time, the parcel was reduced by 10
acres and the property owner wishes to add the remainder 60 acres back into the district.
According to County records 52 acres of the property are used for agriculture and 7 acres are used
for forestry. Residential uses on the property include 1 acre. This property adjoins other parcels in
the Moorman's River AF District.
TMP 29-85-Marshall Property (Attachment C)
This property is 21.586 acres in size and includes 18 acres of agricultural uses, including land
used for horses and hay, and 2 acres of land in forestry, along the Mechums River which borders
the rear of property near its convergence with the South Fork Rivanna River. Residential uses on
the property include a single family home, pool and pool house.
TMP 41-15C-Toad Hollow Farm (Attachment D)
This property is 36.78 acres in size and includes 8.748 acres in agriculture, including horse
training, lessons, and a horse show facility, and 27 acres in forestry. One acre is devoted to a
single family residence. The Board of Supervisors approved Toad Hollow Farm's request to host
horse shows on the property and the AF Advisory Committee reviewed that request at their
January 10, 2005 meeting.
Comprehensive Plan: The Moorman's River District is located within Rural Area 1 of the
Comprehensive Plan and all parcels are zoned RA (Rural Areas). There are no development areas
proximate to this district. Agricultural and Forestal Districts compliment rural area policy as
indicated in the Agricultural and Forestry Resources section of the current Comprehensive Plan
(pg. 105):
Relation to Other Comprehensive Plan Policies
The protection of agricultural and forestry resources complements the Rural Area policy and the
goal of resource protection in general in the Rural Area, but agricultural and forestry activities
2
.
may potentially conflict to some extent with the biodiversity goal. Any potential conflicts should
be considered in making land use decisions.
The Rural Area policy establishes that agricultural and forestry uses are the desired land uses in
the Rural Area, rather than residential uses. Residential development in the Rural Area often
conflicts with agricultural or forestry uses and has an adverse impact on the continuance of
agriculture or forestry in an area. For this reason, the Growth Management goal assigns highest
priority to the protection of agricultural and forestry resources in the Rural Area. In the long term,
agriculture and forestry preserve open space, while development does not.
The Growth Management goal also affirms that purpose of the Rural Area is resource protection in
general, for many types of resources. Maintenance of agricultural and forestry resources also
provides an opportunity to conserve and efficiently use other resources such as: water resources
(with use of proper conservation techniques); natural, scenic, and historic resources (with the
maintenance of pasture and other agricultural land, and forested areas); and fiscal resources (by
limiting development and lessening the need to provide public services to wide areas of the
County).
Agricultural and forestry uses playa long-standing role in the economy, environment, and heritage
of the County. The intelligent use of renewable resources such as farmland soils and timber are
important for assuring an economic base to preserve rural lands. Active cultivation and clearing of
land for fields or timber harvesting are appropriate activities in the Rural Area in general, and
specifically in those areas designated for protection as farmlands and forests.
.
Protection of agricultural lands and forests promotes the goal of biodiversity by providing habitat
for plant and animal species, but the cropping of agricultural and forestry products (which alters
habitat) may conflict with that goal. It is important to recognize that both types of resources are
important to the County's environment, and that both need to be considered and provided for. The
completion of a Biological Resources Inventory will provide more information about biological
resources so that they can be adequately protected in the future. Further evaluation of possible
conflicts should follow the completion of the Biological Resources Inventory.
Scenic Resources
Many properties in the Moorman's River AF District border Routes 601/676/614 (Old Garth
Road "21 Curves"/Garth Road/White Hall Road), which is designated as a Virginia Byway. A
Virginia Byway is an existing road with significant aesthetic and cultural values, leading to or
lying within an area of historic, natural, or recreational significance. The program gives
recognition to these roads to promote tourism and appreciation of natural and historic resources.
Locally, Route 654 (Barracks Road) is designated a scenic highway and part of the Entrance
Corridor Overlay Zoning District. The Moorman's River AF District along this roadway helps
maintain the visual integrity of the roadway, which is an objective of the Comprehensive Plan,
since parcels in an AF district will not be developed to more intensive uses.
Water Resources
This District helps to preserve important water resources. The Moorman's River and the
Mechums River flow through this district and converge at the South Fork Rivanna River. The
Moorman's River is part of the South Fork Rivanna River watershed. It has been designated both
a County Scenic Stream and a State Scenic River from the Sugar Hollow Reservoir to Mechum's
River. The North and South Forks are also designated as natural trout streams by the Department
of Environmental Quality. Continued protection of the Moorman's River is an objective of the
County.
.
3
Benefits of the Moorman's River AF District: Conservation of this area maintains the
environmental integrity of the County and aids in the protection of ground and surface water,
wildlife habitat, critical slopes, scenic, and historic resources.
Staff Recommendation: Staff recommends adding TMP 29-15C, TMP 29-85, and TMP 41-15A
to the Moorman's River Agricultural and Forestal District, which would increase the district by
117 acres and help preserve the Rural Areas.
AF District Advisory Committee Recommendation: The Agricultural & Forestal District
Advisory Committee reviewed the requested additions at their meeting held on June 13,2005 and
recommends adding TMP 29-15C, TMP 29-85, and TMP 41-15A to the Moorman's River
Agricultural & Forestal District.
Attachments:
A. Map of Moorman's River Agricultural & Forestal District (additions in pink)
B. Bronfman application and maps
C. Marshall application and maps
D. Toad Hollow Farm application and maps
4
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~
·
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OFFICE USE ONLY
"FILE NAME/#:
ATTACHMENT B
TMP_____-__-__ _____,
. Application for the creation of or addition to an
. Agricultural and Forestal District
D Establishment of a new district = $150
~ Additions to existing districts = no fee
A copy ofthis completed form and required maps shall be submitted by the applicant landowner to the
Albemarle County Board of Supervisors. This form shall be accompanied by.J.) Ull~tcd ßli:1t~~ G{,olo~i"'i11
Sæ.vcy ?.5 mitllrt>o lUl'ùg< dl'We map. tJu't clearly ,sIt~)'w !he ~",?,,'¡lIf'ie. ~ î, the d~~A ~:::~:,:d
~~~~~ øfthe pröpcrt} "4Cft appheB:flt 0'llHS '.vlthm tß@ ehstnet Of öddltIvu i:1U I of
Tran3portathuI. general high'Nay map fOl tin:; lu~allt.Y tIllrt Sft6Yy'¡S the genøralloaati6n of tll~ àistriet Sf
.widitior:.
* Staff can assist you with map preparation. I
Name 0
r Proposed Agricultural and Forestal District: ~(r) R" MAW'S K\ I/ßR
Gé~:~:ï~D&~~ ~t'IL~rã:~ ~7:iic~ ~l1lov,
Total Acreage in the proposed District 0r0-dditi~ fc¡O Â".H'.. S
Address
Name (current legal address)
~~ 111. -&D~A-h PO&¡13l{
~U/lllMl M ~'f("J
Total Acreage
owned in the proposed
District or Addition
rot)
Land Book Reference
(Tax MaplParcel Number)
~'\ 15 c-
OFFICE USE ONLY
Fee amount $
Date Paid
Check#_ Paid By?
Receipt# _By:
Date submitted to the local governing body:
Date referred to the local planning commission:
Date referred to the advisory committee:
DApproved
Date of action by the local governing body:
D Modified D Rejected
County of Albemarle Department of Planning & Community Development '1
401 McIntire Road .:. Charlottesville, VA 22902 .:. Voice: (804) 296-5823 .:. Fax: (804) 972-4012
4/15/99 Page 1 of2
Attachment B
Please read below the Proposed Conditions to Creation of the District Pursu~nt to Section
15.2-4309 of the Code of Virginia.
Conditions to Creation of the District
As a condition to creation of the district, no parcel within the district shall be developed to a use more intensive than that
existing on the date of creation of the district, other than uses resulting in more intensive agricultural or forestal production,
without the prior approval of the board of supervisors.
. Except as provided below, a parcel shall be deemed to be developed to a more intensive use if: The proposed development
would remove any portion of a parcel from agricultural or forestal production; or the proposed development would
increase the population density or the level of activity on the parcel including, but not limited to, the rental of more than
one dwelling unit on the parcel.
A parcel shall not be deemed to be developed to a more intensive use if: The proposed development is permitted by right
in the rural areas (RA) zoning district; the proposed development is permitted by special use permit in the RA zoning
district and the board of supervisors, in considering the application for a special use permit, determines that the
development allowed by the permit is consistent with the purposes qf this chapter; the proposed development is the
proposed division <Jf the parcel either òy subdivision or ruraì division and the minimum lot size of such division is twenty-
one (21) acres or greater; the proposed development is the proposed division of the parcel by family division; or the
proposed development is the occupation of dwelling units on the parcel by members of the immediate family of any of the
owners of such parcel or by bona fide farm employees, together with their respective families, if any.
Current agricultural or forestal use of the property:
117 CIJ/IvH- / CAllk jf1},!:/"ð :¡g1J.
including 0 rental units.
Total number of existing dwellings 0
New Districts Only:
The Proposed Period before the First Review (select 4 to 10 years):
Owner! Applicant Must Read and Sign
We the undersigned have read the information and conditions on this page and request the property described
above be designated an Agricultural and Forestal District
~AfJ1~- .~
Sig;¡ture Witness
I~~
Date
Signature Witness
Signature Witness
Signature Witness
Date
Date
Date'
Signature
Witness
Date
8
Signature
Witness
Date
4/15/99 Page 2 of2
ATTACHMENT 8
016
017
018
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Albemarle County
Tax Map:
029
Note: This map is for ásp/ay purposes only
and shOVtls parcels as of 12/31/2003.
See Map Book Introduction for addlional details.
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Attachment B
lù
OFFICE USE ONLY
'FILE NAME/#:
Attachment C
TMP -":~ r""~. ~"'" ~~~. ø~.~ """'"
----- ~~.~~-"~-,',~_r---
.Application for the creation of or addition to an FES 0 1 2005
Agricultural and Forestal District
}QMMUNITV H~WEI.:ePMr:NT
<..-~,~
D Establishment of a new district = $150
M Additions to existing districts = no fee
~ '.
A copy of this completed form and required maps shall be submitted by the applicant landowner to the
~lbema~l~ Co~nty Board ofS~pervisors. Thi~ form shall be accompan~ed b~ 1) U~ite~ States G~~logical
I :Survey j.) mInute topographIc maps that clearly show the boundarIes of the dlstnct or addItIOn and I
~~u~~~~~+?!.t~:!,~~~e~~~~~~~. ap.~~~~~t4?~?S~~~~i~ t~e?i:t~~c!~~r ~~diti~~ ~~~.2) ~~~~'T~~~! o! .
44~"'t'''''''~'''UVH 5,,","",,",4-" ......ou·......J u.....ÿ J.V4 U.... !\.'........H] ~lial .::IH"'''V.:) lit... g...l1Cli:11 lU'-'aLlOIì 01 Lut:. ulSLrlCl OJ.
addition.
* Staff can assist you with map preparation.
General Location ofthe District:
Name of Existing or Proposed Agricultural and Forestal District: /ì1 ðêJ ¡¿ In ~/ ).5 R,/ V E:.K
¡: /&1::/:: UN? ð N / N J /IV. ~L--íJ TT~5 (,.// I-V~
/
Total Acreage in the proposed District or Addition:
21 J [ t' r;., /t1'.A:ÆS.
Name
Address
(current legal address)
Total Acreage
owned in the proposed
District or Addition
Land Book Reference
(Tax Map/Parcel Number)
r.J tJ /1'7V ?' /Þ7 /7 Æ? I L Y /\(" /77 /1 /ê ,s H I't !--L
J 4<¡:-V- F ÆÆ C" U /V / ~/\,{ ;ÇtJ,q-þ ~lt7TiG¿o TTES V ILU) V/+ z... Z 7 VI.
A ~n--t¡ C 2. / / 0 g ~ Aë!4""Æ 5
r IfY lYl r-¡-p 2. 1 / g S-
/
OFFICE USE ONLY
Fee amount $
Date Paid
Check# _ Paid By?
Receipt# _By:
Date submitted to the local governing body:
Date referred to the local planning commission:
Date referred to the advisory committee:
D Approved
Date of action by the local governing body:
D Modified D Rejected
County of Albemarle Department of Planning & Community Development
401 McIntire Road .:. Charlottesville, VA 22902 .:. Voice: (804) 296-5823 .:. Fax: (804) 972-4012
4/15/99 Page I of 2
} I
Attachment C
Please read below the Proposed Conditions to Creation of the District Pursuant to Section
15.2-4309 of the Code of Virginia.
Conditions to Creation of the District
As a condition to creation of the district, no parcel within the district shall be developed to a use more intensive than that
existing on the date of creation of the district, other than uses resulting in more intensive agricultural or forestal production,
without the prior approval of the board of supervisors.
Except as provided below, a parcel shall be deemed to be developed to a more intensive use if: The proposed development
would remove any portion of a parcel from agricultural or forestal production; or the proposed development would
increase the population density or the level of activity on the parcel including, but not limited to, the rental of more than
one dwelling unit on the parcel.
A parcel shall not be deemed to be developed to a more intensive use if: The proposed development is permitted by right
in the rural areas (RA) zoning district; the proposed development is permitted by special use permit in the RA zoning
districi aì.:l ¿h:.: ÒOQY¡] oJ/" süpe;'visars, in (;DiiSidc:.ïing :l:e applicatio¡¡ for a spe:,c.;ial use jJCïiíï'¡t, â'ele,.,/iin';,.l that the
development allowed by the permit is consistent with the purposes of this chapter; the, proposed development is. the
proposed division of the parcel either by subdivision or rural division and the mi~imum lot size of such division is twenty-
one (21) acres or greater; the proposed development is the proposed division of the parcel by family division; or the
proposed development is the occupation of dwelling units on the parcel by members of the immediate family of any of the
owners of such parcel Dr by bona fide farm employees, together with their respective families, if any.
Total number of existing dwellings /
H& 12M O¡ I2A Z. IN tj /9' ffr1l/ j)~ b1 ò ï If} 11.1 ¡'~ä') E..~ r
J 1./
/
including 0 rental units.
Current agricultural or forestal use of the property:
New Districts Only:
The Proposed Period before the First Review (select 4 to 10 years):
Owner/Applicant Must Read and Sign
We the undersigned have read the information and conditions on this page and request the property described
above be designated an Agricultural and Forestal District
~1tf/I/~1¡M g 4µJÚß- 0~ch
Signamre' Okr~
Witness
lit. ( 2ð? 05-
. -
Date
j/22f~
Date
Witness
Date
Signature Witness Date
Signature Witness Date
Signature Witness Date \'2
4/15/99 Page 2 of2
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042
introduction for additiDnal def.al/fL
Scale
R.~¡
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OFFICE USE ONLY
'FILE NAME/#:
Attachment D
TMP
- .,,~~# c: ~;','-=\k~ ~=.~, \- ~:;" ~ ~_
"':c.'>l,~·
~'-''':'__;;Y, ;,I'Â ;~..
. .~~¡".,..,,¿,
. Application for the creation of or addition to an
Agricultural and Forestal District
~::.'.) ", ¡:; 2005
¡ f-~.J·<. t,}
o Establishment of a new district = $150
'OMH'IH ¡"'HTV' nEVEt nr'l\I!F
~ Additions to existing districts = no fee
A copy of this completed form and required maps shall be submitted by the applicant landowner to the
Albemarle County Board of Supervisors. This form shall be accompanied by 1) United States Geological
Survey ì.5 minute topographic maps that clearly show the boundaries oîthe district or addition and
boundaries of the property each applicant owns within the district or addition and 2) A Department of
Transportation general highway map for the locality that shows the general location of the district or
addition.
* Staff can assist you with map preparation.
Name of Existing or Proposed Agricultural and Forestal District:
General Location ofthe District: ~~ ~5Lk iku
r IÝtCLi-'\ I ~ I,' VeÃ
/)¡
+ L(O~ \-
Total Acreage in the proposed District or Addition: 31-
.
Name
Address
(current legal address)
Total Acreage
owned in the proposed
District or Addition
'(ðÄb rtC>Lß-,.,J F~
15* ß~N''':. G-A-P 'T~
31-
Land Book Reference
(Tax MaplParcel Number)
4-.J - (sA-
OFFICE USE ONLY
Fee amount $
Date Paid
Check# _ Paid By?
Receipt # _By:_
Date submitted to the local governing body:
Date referred to the local planning commission:
Date referred to the advisory committee:
. DApproved
Date of action by the local governing body:
D Modified D Rejected
County of Albemarle Department of Planning & Community Development
401 McIntire Road .:. Charlottesville, VA 22902 .:. Voice: (804) 296-5823 .:. Fax: (804) 972-4012
4/15/99 Page I of2
þ
Attachment 0
Please read below the Proposed Conditions to Creation of the District Pursuant to Section
15.2-4309 of the Code of Virginia.
Conditions to Creation of the District
As a condition to creation of the district, no parcel within the district shall be developed to a use more intensive than that
existing on the date of creation of the district, other than uses resulting in more intensive agricultural or forestal production,
without the prior approval of the board of supervisors.
Except as provided below, a parcel shall be deemed to be developed to a more intensive use if: The proposed development
would remove any pDrtion of a parcel from agricultural or forestal production; or the proposed development would
increase the population density or the level of activity on the parcel including, but not limited to, the rental of more than
one dwelling unit on the parcel.
A parcel shall not be deemed to be developed to a more intensive use if: The proposed development is permitted by right
in the rural areas (RA) zoning district; the proposed development is permitted by special use permit in the RA zoning
district and the board of supervisors, in considering the application for a special use permit, determines that the
development allowed by the permit is consistent with the purposes of this chapter; the proposed development is the
proposed division of the parcel either by subdivision or rural division and the minimum lot size of such division is twenty-
one (21) acres or greater; the proposed development is the propösed,division of the parcel by family division; or the
proposed development is the occupation of dwelling units on the parcel by members of the immediate family of any of the
owners of such parcel or by bona fide farm employees, together with their respective families, if any. .
Current agricultural or forestal use of the property: ~ ~S ""f- ""Í'~ ~~
Total number of existing dwellings
46
including
rental units.
New Districts Only:
The Proposed Period before the First Review (select 4 to 10 years):
Owner/Applicant Must Read and Sign
ersigned have read the information and conditions on this page and request the property described
n above be designated an AgrkuJtural and Forestal District
~M ~~Sh5
Witness Dat~ . . { ,
2f( ;7(15 --
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Witness
Date
Signature . Witness Date
Signature Witness Date
Signature Witness Date
Signature Witness Date l~
4/15/99 Page 2 of2
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RESOLUTION OF INTENT
WHEREAS, the County's Rural Areas Plan states that a strong agricultural economy is one of the
elements of the County's vision for the Rural Areas; its guiding principles encourage providing support to local
agricultural economies and supporting rural land uses that provide rural landowners with economic viability,
and its objective is to support agricultural land uses by, among other things, encouraging and promoting
agricultural related vocational education programs; and
WHEREAS, two stated purposes of the Rural Areas (RA) zoning district are to preserve agricultural
lands and activities and to encourage the continuation and establishment of agriculture and agriculturally-related
uses (Zoning Ordinance § 10.1); and
WHEREAS, seasonal workers from outside of the County are essential to meet the local agricultural
community's labor needs ("Strengthening the Agricultural Workforce," Cornell University), and the need for
adequate and affordable housing for agricultural workers constitutes a crucial factor in the ability of agricultural
employers to recruit and retain the workers they need (Virginia Migrant and Seasonal Farmworkers Board and
Interagency Migrant Worker Policy Committee Biennial Report, 2004); and
WHEREAS, such housing is also essential to allow the agricultural community to participate in
programs in which they host people who wish to learn first-hand about various growing techniques, such as
organic fanning; and
WHEREAS, it is desired to amend Zoning Ordinance § 3, Definitions, § 5, Supplementary
Regulations, and § 10, Rural Areas (RA), to authorize housing for seasonal agricultural workers and others
within the Rural Areas zoning district, to define such tenns as deemed to be necessary and appropriate, and to
establish supplementary regulations for this proposed use.
NOW, THEREFORE, BE IT RESOLVED THAT for pt¡rposes of public necessity, convenience,
general welfare and good zoning practices, the Albemarle County Board of Supervisors hereby adopts a
resolution of intent to amend Zoning Ordinance § 3, Definitions, § 5, Supplementary Regulations, and § 10,
Rural Areas (RA), and any other regulations of the Zoning Ordinance deemed appropriate to achieve the
purposes described herein.
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the
zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of
Supervisors, at the earliest possible date.
*****
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted
by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to _, as recorded below, at
a regular meeting held on
Clerk, Board of County Supervisors
Ave
Nav
Mr. Bowennan
Mr. Boyd
Mr. Dorrier
Mr. Rooker
Ms. Thomas
Mr. Wyant
RECEIVED AT BOS MEETIN~ / f)
Date: '7' ~~/ r~. ~l
oJ/
ry~
Agenda Item II:
Clerk's Initials: