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HomeMy WebLinkAbout1998-12-09 ACTIONS Board of Supervisors Meeting of December 9, 1998 December 11, 1998 5.1. 5.2. 5.3. 5.4. 5.7. AGENDA ITEM Call to Order. Other Matters Not Listed on the Agenda. Kevin Cox spoke concerning PDRs and said he was composing a list of questions that he would submit to the Committee and staff for responses. John Martin, a resident of Catterton Road, spoke about illegal hunting and public safety. Mr. Marshall said he would serve as Chairman for another year due to health reasons. He thanked everyone for allowing him this honor. Appointment of VCDBG Housing Rehab Advisory Board. APPROVED appointment. Approp: Traffic Safety Grant, $13,333 (Form #98042). APPROVED. Ms. Thomas mentioned the need to keep track of these grants that involve paying police officers overtime. Approp: Local Law Enforcement Block Grant - FY 1998, $25,363 (Form #98043). Approp: Local Law Enforcement Block Grant - FY 1997, $23,903 (Form #98044). Update on feasibility of broadcasting BOS meetings on Adelphia's public access channel and/or developing other informational programming. Ms. Thomas suggested that County citizens be surveyed, through a notice in tax bills, to see if they have cable access and to see if they would watch Board meetings if they were broadcast. 5.1 5.2 5.3 5.4 5.7 ASSIGNMENT The meeting was called to order at 7:00 p.m. All Board members were present. None. Clerk: Notify appointees and include in Boards & Commissions. Clerk: Forward to Melvin Breeden and copy appropriate persons. Coun _ty Executive: To discuss with Chief Miller, Clerk: Forward to Melvin Breeden and copy appropriate persons. Clerk: Forward to Melvin Breeden and copy appropriate persons. County_ Executive staff.' Look into feasibility of doing survey. o 10. ZMA-98-18. Waylands Grant (Sign #81). APPROVED as proffered. SP-98-51. Triton PCS/Vepco/Allan (Sign #37). APPROVED subject to conditions. SP-98-52. Triton PCS/Vepco/Allan (Sign #35). APPROVED subject to conditions. Other Matters not Listed on the Agenda from the BOARD. Ms. Thomas said she had copy of a comprehensive study regarding PDRs which was prepared by a woman in Henrico County. She would be happy to provide anyone with a copy. Mr. Perkins asked if the Governor had lifted the burning ban. The Board took no action on a request for tax exempt designation from Christian Aid Mission. Adjourn. The meeting was adjourned at 9:27. 6. Clerk: Set out in action letter to Planning. 7. Clerk: Set out in action letter to Planning. 8. Clerk: Set out in action letter to Planning. o Coun .ty Attorney: Advise Christian Aid to submit their reqUest through the normal Board process. /ewc Attachments Distribution list: County Executive and 4th Floor staff Board of Supervisors Kevin Castner Wayne Cilimberg Larry Davis Bill Mawyer Amelia McCulley Jan Sprinkle John Grady Bruce Woodzell COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: V. Wayne Cilimberg, Director of Planning and Community Development Ella W. Carey, CMC, C~ December 11, 1998 Board Actions of December 9, 1998 At its meeting on December 9, 1998, the Board of Supervisors took the following actions: Agenda Item No. 6. ZMA-98-18. Waylands Grant (Sign #81). PUBLIC HEARING on a request to rezone 19.20 acs from R-6 to PRD for 95 dwelling units. TM55, Ps66&66A. Density of R- 6 zng is 6 du/ac. Proposed density is 5 du/ac. Located on N sd of Jarman's Gap Rd appox 3/4 mi from intersec w/Rt 240. (Property in the Development Area Community of Crozet & recommended for Urban Density Residential use of 6-34 du/ac.) White Hall Dist. APPROVED ZMA-98-! 8 as proffered, and amended by the applicant at the Board meeting on 12/9/98 (copy attached), with includes the attached General Conditions for Waylands Grant, dated 11/20/98. Board indicated a desire that staff start encouraging developers to offer cash proffers. Agenda Item No. 7. SP-98-51. Triton PCS/Vepco/Allan (Sign #37). PUBLIC HEARING on a request to construct a Personal Wireless Service Facility on an existing Vepco high voltage power line. SUP required in accord w/provisions of Sec 10.2.2(6) of Zoning Ord. Proposal to locate antenna approx 4 ft above height of existing Vepco monopole located on W sd of Barracks Rd approx 0.26 mis E of Rt 60 i, Old Garth Rd. Property consists of approx 53 acs. TM60,P3. Znd RA. (This site'is not located in a designated development area.) Samuel Miller Dist. APPROVED SP-98-51 subject to the following five conditions: Attachment to the power line tower shall be in general accord with the plan titled "CV-1-303C Existing Power Pole Vepco-Allan" attached to this report and initialed WDF 10/28/98; All cables supporting the antenna and the antenna themselves shall be the same color as the existing power line tower; o The permittee shall submit a report to the Zoning Administrator once per year, by not later than July I of that year. The report shall identify each user of the tower and shall identi~ each user that is a wireless telecommunications service provider; Proffer Statement Barclay Development Corporation Robert E. Jr. and LeAnne C. Bargamin Rezoning Application ZMA 98-18 Wayland's Grant Robert E. Jr. and LeAnne Bargamin (the "Applicant") are the fee simple owners of that certain property described in rezoning application #ZMA-98-18 and is all of Tax Map 55, parcels 66A and 66. If Applicant's rezoning application is denied, these proffers shall immediately be null and void and have no further force or effect. These proffers shall supersede all other proffers Plans and Illustrations. l~;t/i9tl~)dar,~d~{~ ~.t Applicant has presented as part of its Rezoning Application, an application plan ~Wayland's Grant Conceptual Plan", dated 10/20/98, revised 11/2/98, revised 1 initialed "EKE", which is attached to these Proffers and General Conditions. I. Density No more than 85 dwelling units may be constructed on the Property. II. Road Improvements 2.1 Dedication. As a condition of plat approval for the subdivision, Applicant shall dedicate along the entire southern boundary of the Property, an area of land for widening State Route 691 (Jarman's Gap Road) not to exceed 30' to the centerline of the existing prescriptive easement as shown on the Conceptual Plan. Applicant and successors in title shall grant easements for temporary construction of improvements to State Route 691, as needed. 2.2 Road Improvements. Access shall be restricted to an internal public road network. As a condition of plat approval for the subdivision, Applicant shall construct as a single improvement, a 100 foot right turn lane and 100 foot taper for westbound right turn movement into the Property from State Route 691 as indicated on the Conceptual Plan. Public Roads: The public streets within the neighborhood shall be at the widths shown on the Conceptual Plan and designed and constructed in accordance with the VDOT 1996 Subdivision Street Requirements. 2.3 Disposition of Dedicated Property. In the event any of the property, in Sec. 2.1dedicated pursuant to proffer is not used for the purpose for which it is proffered, with such use being undertaken within 10 years of receipt of the property by the County, then the property shall revert to HOA. RF_.CF_IVE 2.4 Inter-Parcel Access. The Applicant shall reserve a 50-foot right-of-way ~{;)~a future street to provide inter-parcel accesses to the adjoining properties, east and west of .the Planning Dept. Property. The locations are shown on the Conceptual Plan. In the event that the area reserved for a street(s) is not used for the purpose for which it is hereby proffered within seven (7) years from the date of approval of ZMA-98-18, then such reservation shall be released and the Applicant then may use the area(s) for building lot(s) notwithstanding the density limitation contained in Article 1 above or at Applicant's option, such area may accrue to the adjoining lots. For the connection to the Gray Rock parcel to the west, the Applicant shall construct a road meetin,~County rural profile standards in the r.o.w, prior to the issuance of a building permit for the 50 unit. III. Open Space 3.1 Open space for the development is shown on the Conceptual Plan as Community Open Space and Community Commons. 3.2 Within the Community Open Space, Applicant will construct a tot lot and a nature trail. The nature trail will be constructed within the stream buffer zone shown on the Conceptual Plan with the improvements for the lots adjacent to the stream buffer. If the trail is to be constructed adjacent to the stream and the stream meanders onto adjacent property, the trail may be placed on adjoining properties if the County obtains the necessary easements on those adjoining properties. The HOA will reserve the stream buffer including the nature trail for dedication to the County at such time that adjoining properties convey a greenway or similar path system to the County for continuation of the greenway on the unnamed intermittent stream which leads to the greenway along Powell's Creek 3.3 Applicant will convey in fee simple the Community Open Space and the Community Commons to the Wayland's Grant Homeowners Association ("HO^") before final bond release for public improvements for the development. IV Owners Association and Declaration of Covenants, Conditions and Restrictions 4.1 Declaration. The Applicant shall prepare and place on the Property, a Declaration of Covenants, Conditions and Restrictions (the "Declaration"). The Declaration's purpose will be to facilitate the planning and development of the Property in a unified and consistent manner. The Declaration shall set forth covenants, conditions and restrictions for private enforcement only by homeowners within the Property. A clear intent of the Declaration will be that the County of Albemarle will have no rights or obligations to enforce such covenants, conditions and restrictions. The Declaration shall not be interpreted as authorizing any relaxation of state or Albemarle County regulatory or minimum code standards, except as allowed by the regulations and/or the Albem'ade County Code. 4.2 Fixed Standards. (a) The following elements of the Design Guidelines shall be referenced in the Declaration: (i) Types of materials to be used in construction of buildings; (ii) height (iii) Minumum setbacks from properties adjacent to the Property, lot/building area ratios, restrictions; and Types of materials to be used and standard for landscaping. 4.3 Design Guidelines. The Design Guidelines also shall: (a) Provide the standards for development within the Property and explain how such standards are implemented; (b) Provide for creation of a Design Review Committee. (The County of Albemarle will not participate on such Design Review Committee). (c) Provide an outline of the procedures and contacts for approvals by the Design Review Committee in connection with design and construction within the Property; and (d) Include requirements for builders to install Iow flow showers and toilets as water conservation techniques. 4.4 Maintenance of Landscaping and Open Space. The Declaration shall provide a mechanism for establishing and maintaining landscaping and open space, within the Property, including the following: (a) The Applicant shall organize The Wayland's Grant Home Owners Association (the "HOA") as a non-stock corporation under the laws of Virginia for the care and maintenance of all such lands and improvements owned or entrusted to the HOA. (b) The Declaration's covenants, conditions and restrictions running with the land shall bind the HOA. The Applicant or such HOA shall be responsible for the perpetuation, maintenance and function of all open space areas. (c) The Applicant or such HOA shall provide a means for identifying Community Open Space as to location, size, use and control in one or more restrictive covenants, and such covenants shall set forth the method of assessment for the maintenance of such Community Open Space. The Declaration's method of identifying open space areas shall not supersede any applicable requirements to identify common areas in a site development plan or subdivision plat. (d) The Declaration shall be in full force and effect for a pedod of not less than twenty-five (25) years and shall be automatically extended for successive pedods of twenty-five (25) years unless terminated in a manner set forth in the Declaration. (e) The HOA shall continue in effect so as to control the availability of the facilities and land thereby provided and to maintain the open space for its intended function. Such Association shall not be dissolved nor shall such HOA dispose of any open space, by sale or otherwise, except to successor organizations conceived and organized under the same standards and principles set forth herein for the HOA to own and maintain the open space. V. Miscellaneous. 5.1 Certificate. The undersigned, Robert E. Bargamin, Jr. and LeAnne C. Bargamin certify that they are the only owners of the Property that is the subject of this application. 5.2 The Applicant. These proffers shall run with the Property and each reference to the "Applicant" within these proffers shall include within its meaning, and shall be binding upon, Applicant's successor(s) in interest and/or the developer(s) of the Property or any portion of the Property. Barclay Development Company 'R)bbert E. aargamin, ~. LeAnne C. B"argarn'in General Conditions for Wayland's Grant These general conditions are a part of the Conceptual Plan dated 10/20/98 revised 11/2/98 and 11/9/98 and proffered as a part of the rezoning application for Wayland's Grant. A.) The purpose of this development is to provide a mixed-use community with opportunities for residential, office and PRD and R-6 by right uses in the Crozet Growth Area. With design features such as minimal setbacks, sidewalks, a central green, preservation of stream valleys, dedication of open space, the development is intended to accomplish in Crozet a design in keeping with the goals and objectives of the County's Comprehensive Plan. B.) The uses allowed in the Wayland's Grant Planned Development shall be all of those' uses allowed by right in the R-6 Zoning District and all of those uses allowed by right in the PRD Zoning District identified as Sections 16.2.1; 16.2.2; 19.3.1 and 19.3.2 of the Albemarle County zoning ordinance, copies of which are attached, with the restrictions as to dwelling unit types indicated in Condition C below. Uses allowed by special use permit shall be all of those uses allowed by special use permit in the R-6 Zoning District and PRD Zoning District, with the following exceptions: 16.2.2.4 Commercial swim, golf, tennis or similar athletic facility; 16.2.2.8 Mobile Home subdivisions; 16.2.2.10. Hospitals; 16.2.2.13 Cemeteries; 16.2.2.14 Mobile Home Parks; 16.2.2.9 Rest home, nursing home convalescent home, orphanage or similar institution; 19.3.2.8 Commercial swim, golf, tennis or similar athletic facilities; 19.3.2.3 Rest home, nursing home, convalescent home, orphanage or similar institutions. Approved as a part of this development as a special use are professional offices, 2000sf each in Blocks A and B; community center; temporary sales center to convert to a residential unit or professional office; and recreational or athletic facilities for this development. C.) Uses and conditions allowed by block as shown on the Conceptual Plan;Residential types shall be limited as listed in the blocks below. 1 .) Blocks A and B. Development will be in accord with the axonimetric drawing entitled "Front Block Schematic", dated "11/19/98 ", and initialed, "EKE" as to the following elements only: buildings will be aligned generally along the outside of the block in a "U" shape, facing a center courtYard. Buildings may be single stoded or multistoried with basements or half basements; pitched roofs will be provided for all structures. All other elements of the drawing are illustrations only and are not proffered. a) The following uses are allowed: Professional office: 2000sf each in Blocks A and B for a total of 4000sf in the development, single family detached (SFD), single family attached (SFA), townhouSes (TH), Muitifamily (MF), community center (CC), Recreation or athletic facilities for the community (RAF), temporary sales center (TSC), condominiums (C). b) Building facades will face public streets. Parking shall be interior to the block, landscaped to minimize view of parking from all streets, with the exception that dwelling units on the east side of Block B may be rear loaded and dwellings on the west end of Block A may be rear loaded as governed by private driveway regulations. d) The Applicant requests a reduction in the parking requirement of 20% per the parking regulation 4.12.4 of the Albemarle County Zoning Ordinance in both Blocks -_.v_, ....... ~,, ,,,~, ,~,u~,~o ,uu~u u~ ~, .............. ~he streets have.been designed for on-street parking which will provide parking oppo~unities well in excess of the mquest~ 20% reduction. e) Large variety trees, 2.5 inches in caliper, or larger, will be installed along Jarman's Gap Road at an interval of approximately every 50', as shown on the Conceptual Plan. These trees will be indicated on the site plan or subdivision plat and installed and bonded in conjunction with improvements provided for Blocks A and B. 2. Park Block. Uses: SFD, SFA, TH, TSC, CC, RAF, and Community Commons as shown on the Conceptual Plan. 3. Block C: Uses: SFD, SFA, TSC, CC, RAF. 4. Block D: Uses: SFD, SFA, TH. 5. Block F: Uses: SFD, SFA. 6. Community Open Space and Community Commons. Uses: tot lot as shown on the Conceptual Plan and in conformity with Section 4.16 of the Zoning Ordinance (Copy attached), nature trail, public utilities, storm water management devices, erosion control measures necessary for the development. 7. Additional recreational areas for this community, such as a community canter and/or fitness center may be developed by the Applicant or the HOA in an area designated by the Applicant. D.) Sidewalks. Sidewalks, 4 feet wide and constructed of concrete, shall be provided along the streets and other areas shown on the Conceptual Plan. E.) Street Trees If, after consultation with the county,VDOT, and the Albemarle County Service Authority, utility location is allowed in the streets, the applicant will provide street trees roughly 50' apart in a planting strip between the back of the curb and the sidewalk. However, if negotiations are unsuccessful the applicant will construct the sidewalk adjacent to the curb and no street trees will be provided. F.) Setbacks, Maximum Height and Minimum Lot Sizes. a) The front setbacks shall be a minimum of 10'. b) On detached lots, the side yard setback for primary and secondary structures shall be a minimum of 3'. c) On attached lots, a zero side yard setback shall apply along common walls and for any accessory structures along the respective property line. d) The rear setback§ shall be a minimum of 20'. f) If and where shared driveways are constructed, the setback from the shared access easement shall be a minimum of 3'. g) Maximum height of any structure is not to excaed 45'. h) Minimum lot sizes: Minimum lot size for detached units in Blocks other than Blocks A & B shall be 4500sf; Minimum lot size for attached units in blocks other than blocks A& B shall be 2000sf; Minimum lot size in Blocks A & B shall be 1500sf. G.) BMP's; Storm water BMP's will be implemented as per the Conceptual Plan. H.) Flag lots shall be permitted. I.) Variations in site development plans and subdivision plats from approved application plans may be permitted by the director of planning and community development upon a finding that such variations are: generally in keeping with the spirit and concept of the approved application plans; in accordance with the comprehensive plan; and in accordance with regulations currently in effect. Changes other than permitted herein shall be made only I~ rezoning application. COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: Melvin A. Breeden, Director of Finance Ella W. Carey, CMC, ~ler~~'-//~ December 11, I998 Board Actions of December 9, 1998 At its meeting on December 9, 1998, the Board of Supervisors approved the following appropriation requests: Item No. 5.2. Appropriation: Traffic Safety Grant, $13,333 (Form #98042). Item No. 5.3. Appropriation: Local Law Enforcement Block Grant - FY 1998, $25,363 (Form #98043). Item No. 5.4. Appropriation: Local Law Enforcement Block Grant - FY 1997, $23,903 (Form #98044). Attached are the signed forms. /ewc Attachments pc: Richard E. Huff, II Roxanne W. White Robert Walters John Miller APPROPRIATION REQUEST FISCAL YEAR: 98/99 TYPE OF APPROPRIATION: NUMBER ADDITIONAL TRANSFER NEW X 98O43 ADVERTISEMENT REQUIRED ? YES NO X FUND: GRANT PURPOSE OF APPROPRIATION: FUNDING FOR 1998 LOCAL LAW ENFORCEMENT GRANT. EXPENDITURE CODE DESCRIPTION ; AMOUNT '1 1537 31013 120000 OVERTIME WAGES $23,561.00 '1 1537 31013 210000 FICA 1,802.00 TOTAL $25 363.00 REVENUE CODE DESCRIPTION AMOUNT 2 1537 33000 300001 FEDERAL GRANT $22,827.00 2 1537 51000 512004 GEN'L FUND TRANSFER 2,536.00 TOTAL $25,363.00 TRANSFERS REQUESTING COST CENTER: POLICE APPROVALS: DIRECTOR Of FINANCE BOARD OF SUPERVISORS DATE APPROPRIATION REQUEST FISCAL YEAR: 98/99 NUMBER 98044 TYPE OF APPROPRIATION: ADVERTISEMENT REQUIRED ? ADDITIONAL TRANSFER NEW YES NO X FUND: GRANT PURPOSE OF APPROPRIATION: FUNDING FOR 1997 LOCAL LAW ENFORCEMENT GRANT. EXPENDITURE .~...~.~ CODE DESCRIPTION AMOUNT 1 1536 31013 120000 OVERTIME WAGES $22,204.00 1 1536 31013 210000 FICA 1,699.00 TOTAL $23,903.00 REVENUE CODE DESCRIPTION AMOUNT 2 1536 33000 300001 FEDERAL GRANT $21.513.00 2 1536 51000 512004 GEN'L FUND TRANSFER 2,390.00 TOTAL $23,903.00 TRANSFERS REQUESTING COST CENTER: POLICE APPROVALS: DIRECTOR OFFINANCE BOARD OF SUPERVISORS SIGNATURE DATE /'Z--/? FISCAL YEAR: 98~99 TYPE OF APPROPRIATION: APPROPRIATION ADVERTISEMENT REQUIRED ? FUND: PURPOSE OF APPROPRIATION: FUNDING FOR DMV TRAFFIC GRANT, EXPENDITURE CODE DESCRIPTION REQUEST NUMBER ADDITIONAL TRANSFER NEW YES NO GRANT X X 98042 AMOUNT 1 1531 31013 120000 OVERTIME WAGES $12,386.00 1 1531 31013 210000 FICA 947.00 TOTAL $13,333.00 REVENUE CODE DESCRIPTION AMOUNT 2 1531 33000 300001 FEDERAL GRANT $10,000.00 2 1531 51000 512004 GEN'L FUND TRANSFER 3,333.00 TOTAL $13,333.00 TRANSFERS REQUESTING COST CENTER: POLICE APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS SIGNATURE / DATE COUNTY OF ALBEMARLE TO: FROM: DATE: RE: Roxanne W. White Assistant County Executive Ella W. Carey, Clerk, CM~~' December 14, 1998 Housing Rehabilitation Advisory Board At its meeting on December 9, 1998, the Board of Supervisors appointed you to the Virginia Community Development Block Grant Housing Rehabilitation Advisory Board to represent the County Executive. All future correspondence will come from the Co-grant Administrator, Ginny McDonald. /ewe CCi Ginny McDonald Jane Andrews Larry W. Davis James L. Camblos, III COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Virginia Community Development Block Grant (CDBG) Housing Rehabilitation Advisory Board SUBJECT/PROPOSAL/REQUEST: Request approval of members for the required Housing Rehabilitation Advisory Board. STAFF CONTACT(S): Mr. Tucker, Ms White, Ms McDonald AGENDA DATE: December 9, 1998 ACTION: CONSENT AGENDA: ITEM NUMBER: INFORMATION: ACTION: X INFORMATION: ATTACHMENTS: REVIEWED BY: Yes / BACKGROUND: The Virginia Department of Housing and Community Development administers the federally-funded Community Development Block Grant Program which awarded Albemarle County a Community Improvement Grant of $770, 989 for housing rehabilitation and production in the Porter's Road / Yancey School neighborhood. DISCUSSION: The Department of Housing and Community Development (DHCD) requires that a Housing Rehabilitation Advisory Board be appointed by the local governing body to advise the Grant Administrators, Jane Andrews of AHIP and Virginia McDonald of the County's Housing Office on the administration of the grant. The primary activities will be the selection of the eligible families, the selection and development of an eligible contractor's list, and advice on various issues and problems that may arise during the 30-month term of the grant. DHCD requires that a member of the local governing body serve on the Board or in lieu that the County Administrator serve. DHCD has agreed to Mr. Tucker's appointment of Roxanne White, Assistant County Executive to fill that capacity. RECOMMENDATION: Staff recommends the appointment of the seven individuals on the attachment roster. 98.264 HOUSING REHABILITATION BOARD for the PORTERS ROAD/YANCEY SCHOOL NEIGHBORHOOD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COMMUNITY IMPROVEMENT GRANT ORGANIZATION 1. County Executive (required) 2. President, Southern Albemarle Organization, Community Representation 3. County Finance3 Office 4. AHIP Board Member 5. County Zoning Administrator 6. County Housing Office 7. AHIP Board Member APPOINTEE Roxanne White Rev. Carlton Luck Robert Walters Lorraine Whitley, Treasurer Amelia McCauley CliffHammill, Housing Inspector Marian Pebbles Co-grant Administrators are not members, but serve as staff: Jane Andrews, AHIP Ginnie McDonald, County Office of Housing COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Appropriation - Traffic Safety Grant SU BJ ECTtPROPOSAL/REQU EST: Request approval of Appropriati°n 98042 in the amount of $13,333.00. STAFF CONTACT(S): Ms.White,Messrs.Tucker,Breeden,Walters,Miller AGENDA DATE: December 9, 1998 ACTION: CONSENT AGENDA: ITEM NUMBER: INFORMATION: ACTION: × INFORMATION,: ATTACHMENTS: REVIEWED BY: Yes BACKGROUND.: Traffic activity continues to increase ~n the County of Albemarle. Patrol officers on regular assignment do not have the opportunity to do much traffic enforcement. The Virginia Department of Motor Vehicles recognizes this problem and has funded grants using federal pass through monies to increase traffic enforcement through selective enforcement assignments employing officers working overtime. The grant period commences October 1, 1998 and extends through September 30,. 1999. DISCUSSION: The federal award is $10,000.00. There is a local match of $3,333.00. The local match is funded from current operations. RECOMMENDATION: Staff recommends app royal of Appropriation 98042 in the amount of $13,333.00. 12-03-98P02:39 RCV[; 98.261 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGEN D__~A TITLE: Appropriation - Local Law Enforcement Block Grant - FY 98 SU BJ ECT/PROPOSAL/REQU EST,: Request apprOval of APpropriation 98043 in the amount of $25,363.0O. STAFF CONTACT(S): Messrs. Tucker, Breeden, Walters, Miller, Ms. White AGENDA DATE: December 9, 1998 ACTION.: CONSENT AGENDA: ACTION: X ATTACH M E NTS: REVIEWED BY.: ITEM NUMBER: INFORMATION: .INFORMATION: Yes BACKGROUND: The Local Law Enforcement Block Grants Program was authorized by the US Omnibus Fiscal Year 1998 Appropriations Act for the purpose of providing units of local government with funds to underwrite projects to reduce crime and improve public safety. This grant will be used to fund overtime for a police officer in the Esmont area. This is the first year of an additional two year Law Enforcement Block Grant. DISCUSSION___ _ : The federal award is $22,827.00. There is a local match of $2,536.00. The local match is funded from current operations. RECOMMENDATION: Staff recommends approval of appropriation 98043 in the amount of $25,363.00. 12-03-9 8P02 :~59 IRC 98.263 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Appropriation - LOcal Law Enforcement Block Grant - FY 97 SU BJ ECT/PROPOSAL/REQU EST.: Request approval of Ap~6pri~fi6ri 98044 in the amOunt of $23,903.00. STAFF CONTACT(S): Messrs. Tucker, Breeden, Walters, Miller, Ms. White AGEN DA_._~DATE.,: ITEM NUMBE_ __R: December 9, 1998 ACTION: IN FORMATION: CONSENT AGENDA: ACTION: X INFORMATION.: ATTACHMENTS: Yes " BACKGROUND: The Local Law Enforcement Block Grants Program was authorized by the US Omnibus Fiscal Year 1997 Appropriations Act for the purpose of providing units of local government with funds to underwrite projects to reduce crime and improve public safety. This grant will be used tc fund overtime for a police officer in the Esmont area. This is the second year of a two year Law Enforcement Block Grant. DISCUSSION: The federal award is $21,513.00. There is a local match of $2,390.00. The local match is funded from current operations. RECOMMENDATION: Staff recommends approval of appropriation 98044 in the amount of $23,903.00. ,i £-03-9 $?OZ :-~ RCVO 98.262 SCHOOLS Stony Point Parking and Playfleld Crozet School Level Spreader Brownsville Swale Chiller Repl. AHS/Hollymead Henley Middle School Addition Stone Robinson Addition PREP Facility VMF Facility WAHS Site Improvements Henley Roof Replacement Jouett Roof Replacement Northern Elementary School Subtotal ADMINISTRATION & COURTS General District Court Ceiling/Lighting COB Space Study Courthouse Tank Removal Courts Space Needs Study Keene Landfill Remediafion COB Maintenance Program: Misc. Building Renovations UST Replacement Auditorium Renovation Additional Parking &Repaving Old Crozet School Roof & Windows Chiller & Mechanical Projects Subtotal HIGHWAYS & TRANSPORTATION Greenbrier Sidewalk Adams Court Mill Creek Drive Area Master Plan Street Lighting: Parkview (Crozet) Hydraulic/Earlysville Road Forest Lakes (North Entrance) Northfield/Rolling Hills Road Airport Acres Rio/Old Brook Road Commonwealth Drive Hydraulic Road (Inglewood to Georgetown) Hydraulic Road (GeorgetOWn to AHS) Hydraulic Road (AHS to Whitewood) Whitewood Road Area Marshall Manor West Leigh Drive Rural Addition Barracks Road Sidewalk 250 East Landscaping Wilton Farm/20 Sidewalk Subtotal 12-01-~8P01:49 RCV8 COUNTY OF ALBEMARLE DEPARTMENT OF ENGINEERING & PUBLIC WORKS FY 98/99 PROJECT REPORT Scheduled Bud;let Completion % Complete Notes Updated 11/23/98 147,000 12/01/98 99% C 10,000 02/01/99 95% D 100,000 04/01/99 5% P 425,000 05/31/99 10% C 2,003,000 06115/99 52% C 2,500,0(X) 06/30/99 47% C 3,000,000 07/05/99 15% C 600,000 07/21/99 25% C 270,000 08/01/99 100% P 422,185 08115/cJ9 99% P 422,185 08/15/99 99% P 11,200,000 07/01/01 20% P $21,099,370 Closoout in Progress Site Selection in Progress 13,000 12/30/98 90% D 10,000 01/30/99 5% P 10,000 02/01/99 35% P 50,000 06/30/99 50% P 170,600 06/30/99 50% P 10,000 01/01/99 95% D 102,000 04/01/99 50% D 50,000 06/30/99 0% D 150,000 O8/30/00 25% D 655,000 08/30/00 50% C 600,000 03/01/00 g5% P $1,820,6(X) Roof in ~J8, Windows in '99 10,000 10/30/98 90% C 3,800 11/02/98 5% C 15,000 11115/98 80% D 0 12/31/98 5% C 1,500 04/30/99 40% D 5,000 04/30/99 40% D 1,500 04/30/99 40% D 1,500 04/30/99 .95% D 0 04/30/99 95% D 16,000 04/30/99 95% D 8,000 04/30/99 95% D 7,000 04/30/99 95% D 1,500 04F30/99 95% D 15,000 04/30/99 95% D 1,500 04/30/99 95% D 300,000 12/30/98 95% D 51,0(X) 04/01/99 95% D 20,000 08/30/99 5% P 400,000 08/30/00 100% P $858,300 Construction in Progress Public Meeting Scheduled 12/10/98 Public Meeting Scheduled 12/10/98 Public Meeting Scheduled 12/10/98 Public Meeting Scheduled 12/10/98 Public Meeting Scheduled 12/10/98 Public Meeting Scheduled 12/10/98 Public Meeting Scheduled 1 2/10/98 Public Meeting Scheduled 12/10/98 RequeSting Utility Quit Claims LEGEND: P = Programming D = Design B = Bid C = Construction STORMWATER CONTROL PROJECTS Design Standards Manual - Needs Assmt. Moores & Meadow Creek Studies WindhamlJarman Gap Channel Woodbrook Channel Phase II Westmoreland Ct. Drainage Improvements Teakwood Drainage Channel Design Standards Manual - Final Design Monticello High School Dam Remediaflon Peyton Basin Ricky Road Four Seasons Basin/Channel Birnam Basin Minor Ridge Drainage Improvements Master Drainage Study Subtotal PUBLIC SAFETY UST Removal {~ Regional Jail Regional Jail Addition Police Academy Training Facility Juvenile Detention Facility Subtotal PARKS & RECREATION Crozet Park Festival Sitework Chris Greene Lake Pier Scottsville BaSeball/Soccer Field Walnut Creek Picnic Shelter Rivanna Greenbelt Crozet Park Master Plan Subtotal 11,980 184,600 82,000 28,035 6,000 119,200 98,48!5 $1,013,600 50,000 16,755,000 6,250,000 7,200,000 $30,255,(XX) TOTAL $56,051,870 12/01/98 12/01/99 10115/00 04/01/01 01/01/99 02/01/99 04/01/99 04/01/99 O6/3O/99 06/30/02 9O% P 95% D 5% D 50% D 10% D 10% D 5% P 50% D 0% C 5% D 10% D 30% D 5% D 10% P 0% C 27% C 99% P 9O% P 0% C 50% C 50% D 9O% P 15% P 75% D Finalizing Scope of Final Design Finalize and Closeout Reevaluating Need Evaluating Developer's Improvements VDOT Reviewing Design Preliminary Design/Land Acquisition Develop Strategy for Next Watershed Awaiting Funding Decisions Master Plan & Field Restoration File: I:~de~t~ p~tatus~3roJect repot t bYciasslflca~°n-~ls LEGEND: P = Programming D = Design B = Bid C = Construction COUNTY OF ALBEMARLE EXECUTIVE SUMMAry, iZ'O~-98P02:~9 RCVB ' AGENDA TITLE: Programming for Adelphia Cable's Public Access Channel SUBJECT/PROPOSAL/REQUEST: Update on feasibility of broadCasting Board of SUpervisors meetings on Adelphia's public access channel and/or developing other informational programming STAFF CONTACT{S): Messrs. Tucker, Huff, Ms. Catlin AGENDA DATE: December 9, 1998 ACTION: CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: X BACKGROUND: At the January 7, 1998, Board of Supervisors meeting there was a discussion between Board members and County Executive staff regarding the possibility of broadcasting in some way the meetings of the Board of Supervisors to allow for greater viewership of and participation in these meetings by local residents. Because the current Board meeting room is not technologically capable of supporting a live broadcast and would require a significant upgrade to do so, staff reviewed several other options in addition to a live broadcast that would provide some level of Board-sponsored programming for citizens. At that time the Board decided against expending the funds and manpower resources necessary to create programming for Adelphia Cable based on factors explained below but indicated that the issue would be reviewed in a year's time to reassess the situation. Staff has again looked at the issue and has developed the following response. DISCUSSION: In assessing the POssibility of developing programming for the Board of Supervisors to be broadcast on Adelphia Cable we last year identified three distinct options to consider which remain one year later as the feasible options: Live Broadcast of Board of Supervisors Meetings This option would require at least $4000 - $5000 (plus the cost of mounting a permanent camera and switching equipment) to upgrade our technology to permit live broadcasts from the Current Board meeting room. The major upgrade would involve the activation of a "return path" on the existing cable to allow a live feed from the COB to the Adelphia studio. If we want to pursue this option, Adelphia management has offered to have an engineer assess the meeting room to look at other technical issues like lighting, audio, etc. Several other issues should be. considered if this option is seriously pursued including the need for the county to identify and train either volunteers or staff members who would be responsible for covering these meetings on a regular basis - a minimum of 15 hours a month would be required for filming the meetings themselves plus some studio time for graphics, production, etc. Viewership is also an issue, particularly during the often lengthy day meetings which can last up to seven hours at a stretch. We do not anticipate that many viewers will be interested in watching a meeting for that length of time and may well tune out before crucial issues are discussed. Adelphia's public access staff does not work mornings, so any difficulties encountered during Wednesday morning meetings would be difficult to address. Taping Board of Supervisors Meetings to be Broadcast at a Later Date This option would not require any significant technical changes to the current meeting room. We would still need to identify and train a dedicated corps of volunteers or staff members who could tape the meetings, edit and produce the final product and get the tapes to Adelphia. Equipment availability is something else to consider as our film crew would have to pick up, set up, take down and return the video and audio equipment - equipment is limited and is available to interested parties on a first-come, first-serve basis. Adephia has indicated a willingness to run taped Board meetings on a regular schedule which would allow consistency in viewership, although the length of some of the meetings, especially the day meetings, is still an issue. Production of an In-Studio Show If the intent of the Board is to provide timely information on critical topics rather than broadcasting Board meetings in their entirety, another option is for the county to produce its own in-studio show. Members of the Board, county staff and others could gather in the Adelphia studio on a regular basis for a roundtable-type discussion that could summarize or highlight relevant Board topics. This option would require the creation of a production team that could tape the show, produce the necessary graphics and edit the program. Some sources of help for this team such as the Walton Middle School crew are available, but the creation of a consistently high qual!ty show that would run on a regular schedule would require trained and dedicated staff or the hiring of an experienced video production crew. RECOMMENDATION: Staff does not see that any issues of cost or viewership have changed significantly since this topic was discussed last year and again recommends that the Board carefully consider exactly what objectives should be accomplished with the creation of programming for the public access channel before moving ahead with any of the above options. The Board should recognize that the production of a regularly scheduled, quality broadcast of any type will require a significant investment of Board members' time as well as time and financial resources from county staff. Adelphia is willing to provide public access time to air our programming, but has not yet firmly committed to running 15-20 hours of meetings monthly. The critical question is what the audience wants and could potentially receive from our programming - while the concept of live broadcasts seems attractive at first glance, the expense and staff commitment of getting it up and running combined with a realistic assessment of how many people actually will watch six to seven hour meetings at a sitting may make other avenues of communication more feasible and productive. 98.265 .,4 STR T OF VOTES cast in the (.~ C?~z/JT~' ~?f- ~£~a~ at the November 3, 1998 General Election· for: · Virginia, '11-05-98P04:32 RCVD MEMBER HOUSE OF REPRESENTATIVES 5th District NAMES OF CANDIDATES AS SHOWN ON BALLOT VIRGIL H. GOODE, JR ........................ Total Write-In Votes [SEE WRITE-INS CERTIFICATION] ...... TOTAL VOTES RECEIVED (IN FIGURES) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 3, 1998, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Member of the House of Representatives in the Congress of the United States. Given under our hands this ~7~ day of November. 1998. copy teste: ~,_~ i~~e'~ ~.. .Chairman Secretary Secretary, Electoral Board WRITE-INS CER TIFI CA E:l'couNw O c~ OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE ~General ~ Special Election November 3, 1998 Page I of ¢ Write-Ins TOTAL Vo TES RECEIVED (IN FIC41RES) Invalid Write-Ins ............................. Valid Write-Ins [LIST IN ALPHABETICAL ORDER] i / / / CONTINUED ON PAGES ~ THROUGH We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 3, 1998, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this ~D"- day of NOvember, 1998. A copy teste: Electoral Board · 'l~-~' k t~'~ , Vice Chairman ~_~,~ ~"~ ~'~-~ ~'~cretary, Electoral Board WRITE-INS CER TIFICA TION [CO~DI County of Albemarle General Election Member, House of Representatives 5th District District Write-ins November 3, 1998 Page2of4 Bond, Julian 2 Brown, Bob 1 Carter, P 1 Carter, Pamela 2 Casteen, John 1 Cohen, Barry 1 Cohen, Danny 1 Cook, John 1 Cottreau, Steve 1 Couric, Emily " 5 Cox, Kevin Patrick 1 Craddock 1 Daniels, Rick 1 David, Opal 1 Dole, Bob 1 Eagleburger, Larry 1 Fife, Francis 3 Frivolous 49 Grisham, John 1 Gutzman, Alexis 2 Hamlet, Ralph 1 Harris, Paul 21 Harris, Paul, Jr. 1 Henke, Donald A. 1 Hermsmeir, John 1 Hiemenz, Cope 1 Hightower 1 Holmes, Donald P. 1 Jackameit, William P. 1 Janis, Bill 1 Johnson 1 Johnson, Pamela R. 1 Jones 1 Joseph, Tom 1 Kiplinger, Frank 1 Klein, John 1 WRITE-INS CERTIFICATION [CONTINUEDI County of Albemarle General Election Member, House of Representatives Sm District November 3, 1998 Page 3 of 4 Land~:,, Chris 1 Landrith, George " 2 Leclee 1 Mallory, Ria 1 Mastromarino, Mark A. 1 Mauro, Dan I Mclntyre, Dean 1 Meadows, Duane 1 Mendoza, Chris 1 Michie, Thomas J. 2 Millman, Patrice t Mullin, Timothy 2 Murray, Jim 1 Nader, Ralph 1 North, Oliver I Norton, Peter D. 1 Pace, Charles 1 Payne, L F 5. Payne, Susan 6. Pelletier, Sandra Lynn 1 Peteren, Matt 1 Peterson, Jim 1 Pulari 1 Quick, Lawrence 1 Reagan, Ronald 1 Reid, Thelma 1 Robb, Chuck 1 Rogers, Cranston R. 1 Rogers, Steven R. 1 Sabato, Larry 1 Schatzman, Joan 2 Schick 1 Shepard, Matthew 9 Smith, Carrol 1 Spence, Joseph 3 Sprouse, Norm 1 Steams, Grace 1 Stoner, John 1 WRITE-INS CERTIFICATION [CONTINUEDI County of Albemarle General Election Member, House of Representatives 5th District November :3, 1998 Sutker, Patricia B. 1 Szekey, Rich 1 Tanner, Lou 1 Tarrant, Dana 1 Terry, Mary Sue 1 Todo, Kathe 1 Tolbert, Charles 1 Toscano, David 1 Trindle, Carl O. 1 Van Yahres, Mitchell 3 Vandever, Tom 1 Way, Peter 1 Welsh, George 2 White, Tom 1 Whitehead, John 1 Wright, Paul 1 Pageqof4 .A RSTRACT OF VOTES cast in the ~/~g~ 7/~ OF & ~£/ff~LE_ at the November 3, 1998 General Election, for: · Virginia· MEMBER HOUSE OF REPRESENTATIVES 7th District .IVAMES OF CANDIDATES AS SHOWN ON BALLOT THOMAS J. "Tom" BLILEY, JR .................. BRADLEY E. EVANS ........................ Total Write-In Votes [SEE WRITE-INS CERTIFICATION] ...... TO TAL Vo TES RECEIVED (Iv FIGURES) l gOl We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 3, 1998, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Member of the House of Representatives in the Congress of the United States. Given under our hands this ¢/~ day of November, 1998. copy teste: ~¢/~,~*/__. , Chairman · ¢/ ~ %'~ %~j . Vice Chairman Secretary, Electoral Board WRITE.INS CERTIFICATION ~ COUN'I¥ ~ CIT~ OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE ~nereJ Write-Ins Invalid Write-Ins ............................. Special Election November 3, 1998 Page 1 of -~ TOTAL VOTES RECEIVED (IN FIC, URE$) Valid Write-lns [LIST IN ALPHABETICAL ORDER] / / / / / CONTINUED ON PAGES THROUGH We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 3, 1998, do hereby certify that, with the continuation pages' indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this day of November, 1998. A copy teste: ' Electoral' Board Seal ×/ ~.~.z_ ~, /~ ~/'~~ ,Chairman -'i "---~. L._-._:~--~f'~ _ ~".: '~,"~ ~ , Vice Chairman ~~~ ~.~. ,Secretary ~~-~~~ecretary, Electoral Board WRITE-INS CERTIFICATION [CONTINUEDI County of Albemarle General Election Member, House of Representatives 7th District November 3, Page 2. of 3 1998 Brown, Joyce " 1 Burden, David 1 Button, Nancy 1 Chen, Donna 1 Clinton, William J. 2 Cohoon, Joanne 1 Couric, Emily 15 Couric, Katie 1 Dalton, William 1 Davies, Butch 1 Day, Donal 2 Deucher, Theodore 2 Dourtey, Virginia 1 Dunn, Mike F. 1 Evans 1 Freeman, Allen 1 Frivolous 42 Gallihush, Suzan 1 Gardner, Rob 1 Gilliam, George 1 Golstein, Eth 1 Grayson, Leslie 1 Grisham, Andrew C. 1 Gross, Kenneth I. 1 l-laden, Brian 1 Harris, Paul 2 Harvey, William 4 Hayes, Larry 1 Hodson, Bill 1 Hofland, Leonard 1 Horton, Steve 1 Ianeway, Katherine 1 Johnson, Georgette 1 Kaufman, Emily 1 Kilbane, Brian 1 King, Nosmo 2 Klein-Shaw, Freya 1 Koeze, Todd 2 Lee, Mark A. 1 WRITE-INS CERTIFICATION [CONTINUEDI County of Albemarle General Election Member, House of Representatives 7th District November 3, 1998 Page ~ of 3 Lindstrom, Tim 2 Longo, David ~ 1 Lounsbury, Kevin 1 MacDougall, William 1 Manilla, Ron 1 Marshall, Forrest 1 Martin, Ron 1 Michie, Tom 1 Murray, James 1 Myers, John Peterson 1 Nader, Ralph 1 OARH 1 Ronayne, Peter 2 Rose, Gavin Stevenson 1 Russell, June 1 Sabato, Larry 1 Sabato, Larry 1 Scripps, Prewit 1 Shepard, Mathew 4 Shepherd, Margie 1 Silver, David 1 Simpson, Homer 1 Skelley, Margaret I. 1 Slaughter, Edward 1 Stoner, John 3 Stoudt, Peter 1 Synder, Jonathan 1 Thomas, Hildegare 1 Thomas, Sally 6 Thompson, Hunter S. 1 Tolbert, Charles 1 Tuttle, Jeremy B. 1 Van Yahres, Mitchell 4 Walter, Rich 1 Webb, Bim 1 Wilkerson, Dwight 1 Williamson, Bruce Jr. 1 PROPOSED CONSTITUTIONAL AMENDMENTS County/City of SPecial ElectiOn November 3, i998 Page 2 of 2 QUESTION 4: Shall the Constitution of Virginia be amended to allow a combination of localities to contract debt as part of an agreement to share the revenues, tax base, or the benefits of economic growth and exempt this class of debt from the ceiling on local debt for cities and towns and from the requirement for a local referendum for counties? TOTA~ VOTES RECEIVED (IN FIGURES) YES NO QUESTION 5: Shall the Constitution of Virginia be amended to authorize the General Assembly by general law to give local governments the option of eliminating, in whole or in part, either the business, professional or occupational license tax or the merchants' capital tax or both? TOTAl. VOTES RECEIVED (IN FIGURES) t t3 NO We, the undersigned Electoral Board, upon examination of the off/cia/re, cords deposited with the Clerk of the Circuit Court of the election held on November 3, 1998, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for and against the proposed amendments to the Constitution of Virginia. Given under our hands this ~Z ~ · day of November, 1998. A copy teste: .ABSTRACT OF VOTES cast in the C08~'X-)'T-Y' OJ: AL-zSE-A'IA~L/'~ at the November 3, 1998 Special Election, for: , Virginia, PROPOSED CONSTITUTIONAL AMENDMENTS QUESTION 1: Shall the Constitution of Virginia be amended to permit persons employed overseas, and their families, who are qualified to vote in Virginia except for having given up a home in Virginia, to continue to vote in Virginia while overseas subject to the conditions 'and time limits set by law? TOTAL VOTES RECEIVED (/IV FIGURES) YES ~, q <~ i NO 2]~L~ QUESTION 2: Shall the Constitution of Virginia be amended to delete the present requirement that the proceedings of the Judicial Inquiry and Review Commission concerning charges against judges shall be confidential so that the General Assembly can provide by law to what extent Commission proceedings and documents will be confidential? TOTAL VOTES RECEIVED f/IV FIGURES) YES ~I! ~ ? NO QUESTION 3'. Shall the Constitution of Virginia be amended to authorize agreements among localities for sharing the revenues and costs of a specified land area and establishing a special governing body for the area, and to provide that fiscal commitments related to the land area will not be deemed local debt? TOTAL VOTES RECEIVED fin FIGURES) YES 3, 5' NO ~)/OZ l CONTINUED ON REVERSE SIDE .... RD OF SUPERVISORS 'i'1-20-'98P05:31 RgVB November 19, 1998 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-$82S CliffFox 4543 Garth Road Charlottesville, VA 22901 RE: ZMA-98-18 Wayland's Grant, Tax Map 55, Parcels 66 and 66A Dear Mr. Fox: The Albemarle County Planning Commission, at its meeting on November 17, 1998, unanimously recommended approval of ZMA-98-18 including a 20% reduction in parking for Blocks A & B and proffers which state that the development's design and format will closely mirror what has been presented to the Commission as rendered in sketch. Please note that this approval is also subject to the following condition: 1. Modification of the conceptual plan to extend sidewalks on both sides of the street, which connects, to Gray Rock. 2. Addition of a sidewalk on the north side of the park block. 3. Proffers to state that the development's design and format will closely mirror what was presented to the Commission in rendered sketches. Please be advised that the Albemarle County l~oard of Supervisors will review this petition and receive public comment at their meeting on December 9, 1998. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Elaine K. Echols, AICP Senior Planner Cc: Ella Carey Jack Kelsey Amelia McCulley Robert & Leanne C. Bargamin STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS ELAINE K. ECHOLS, AICP NOVEMBER 17, 1998 DECEMBER 9, 1998 Revised 11/24/98 to include modifications to Conceptual Plan and Proffers recommended by the Planning 'Commission ZMA 98-18 -WAYLANDS GRANT PRD Applicant's Proposal: Barclay Development Corporation has requested a rezoning of the "Bargamin" property located adjacent to the recently rezoned Gray Rock property in Crozet from R-6 Residential to PRD Planned Residential Development. As shown on Attachments A and B, the property is situated on the north side of Jarman's Gap Road to the east of the Gray Rock Orchard. It contains 19.2 acres of undeveloped vegetated land. The rezoning would allow for a mixed use, primarily residential development of 85 dwelling units. Four thousand square feet would be used for professional offices. As with all PDR's an application plan is proffered (Attachment C); an additional set of proffers and general conditions also accompanies this rezoning request (See Attachment D.) Petition for Rezoning: The petition is to rezone Tax Map 55 Parcels 66 and 66A from R-6 with proffers to PRD. It is located on the north side of Jarman's Gap Road approximately ~ mile from the intersection with Route 240. In the Crozet Community, it is recommended for urban density of 6.01 - 34 dwelling units per acre. Character of the Area: The area surrounding the property is largely undeveloped and rural. In this part of Crozet, Jarman's Gap Road is a two-lane road, which has houses situated sparsely on either side. Adjacent to the east is a large lot with a residence (the Haberly parcel) and, to the west, the Gray Rock Orchard was recently rezoned for 154 single-family dwellings. The property also backs up to the Orchard Acres subdivision. Zoning and Subdivision History and By-right Use of the Property_: The property was rezoned for a 51 unit single family subdivision in 1992. Proffers included a conceptual layout as well as leaving a 100 foot stream buffer undisturbed. Specifics on the Proposal: Design of the proposed development is shown on the application plan in Attachment C. The general layout consists of a principle entrance to the property from Jarman's Gap Road, and interparcel connections with the Gray Rock property to the west and the Haberly property to the east. Design is centered on a central commons. TWo loop roads are shown on the property with a central green area for active recreation and community commons. Two blocks front Jarman's Gap Road in which residential and office units are proposed. It is in these blocks, Blocks A & B, that any multifamily residential units would be located. Multi- family units would likely be in the form of duplexes or quadraplexes. (See Attachment E for clarification of housing type terminology.) These units primarily would front public streets. Parking is shown in the center of the blocks. Attachment F shows the concept design for these blocks. This design is for illustration only and is not proffered. In the other blocks, residential uses would be limited t° single family detached or attached. Other R-6 and PRD uses would be available by-right and by special use. A copy of these uses is attached to the proffers. Sixty percent of the units are anticipated as single family detached based on current market conditions. Although this figure is not proffered, staff does not believe it to be necessary to proffer a percentage of single family detached units since the area is proposed for urban density in the Land Use Plan. R-6 and PRD uses include: Single family detached and attached units Townhouses Multiple-family dwellings, including duplexes and triplexes Cluster development of permitted residential uses Rental of permitted residential uses and guest cottages Homes for developmentally disabled persons Boarding houses Tourist lodgings Public and private utilities Public uses and buildings Temporary construction uses Accessory uses and building including home occupations Class A Special uses exempted from this application are: Commercial swim, golf, tennis or similar athletic facilities Mobile home subdivisions Hospitals Cemeteries Mobile home parlr$ Rest homes, nursing homes, convalescent home, orphanage or similar institutions Over three acres or 25% of the property is proposed as open space to be owned and maintained by a Homeowners Association. Most of the open space would be along the stream to the north of the property. Within the stream buffer, a nature trail is proposed to connect to the Gray Rock nature trail and, eventually, to a County path system in a greenway. Proffers and General Conditions include a limitation on the total number of units as 85; dedication of 30 feet of right-of-way (r.o.w.) along Jarman's Gap Road; a right mm lane into the development; shallow front yards; a community center; provision for residential type uses found 2 in the R-6 district, including boarding houses and tourist lodging; sidewalks on both sides of the public streets (except along one street on the Park Block). Critical slopes and stream buffer have been avoided in the development. Architectural restrictions will be developed for buildings in the development. Applicant's Justification for the Request: As stated in the General Conditions, the applicant has requested the rezoning to provide a mixed use community with opportunities for residential, office and other PRD and R-6 by-right uses in the Crozet development area. With design features such as minimal setbacks, sidewalks, a central green, preservation of stream valleys, dedication of open space, the development is intended to accomplish in Crozet a design in keeping with the goals and objectives of the County's Comprehensive Plan. Community Involvement: The applicant held four community meetings to introduce the project to the community and ask for input into design and development. The Architectural concepts shown in Attachment F were proposed to the community. The results of those community meetings are in Attachment G. RECOMMENDATION: Staff has reviewed the proposal for conformity with the Comprehensive Plan and the Zoning Ordinance and recommends approval with modified proffers. Comprehensive Plan: The Comprehensive Plan shows this area to be a portion of one of two areas in the Crozet community for high density development of 6.01 to 34 dwelling units per acre. Specific recommendations in the Comprehensive Plan concerning Crozet and the way in which this development meets the recommendations are as follows: Land Use Plan for Crozet Community (Crozet Community Profile, pp. 89-94) (Portions dealing with new residential development and Jarman's Gap Road areas) Development in the Parrot Branch watershed is to be limited to the existing zoning because it is a tributary to the Beaver Creek water supply reservoir. This development is not in the Parrot Branch watershed. The downtown is to be the focus of all new commercial and shopping type uses. This proposal would provide mixed housing and office uses; however the office uses likely would not compete w~ith shopping and commercial uses in the downtown area. Reconstruct Jarman's Gap Road from Route 240 to Route 684 to improve horizontal and vertical alignment and provide adequate sight distance at intersections. Bike facilities and walkways are recommended to be constructed in conjunction with the upgrade of Jarman's Gap Road. Unlike Gray Rock, the applicant does not intend to upgrade Jarman's Gap Road nor provide any off-site cash proffers for the upgrading of the road2 This issue is discussed in more detail in the transportation section of this report. The Crozet Community Plan (relating to new residential development and Jarrnan's Gap Road areas) Layouts with a mix of housing types and price ranges should be considered with new development. This type of layout permits the creation of more diverse and architecturally interesting neighborhoods. The development of architectural guidelines has been proffered. Potentially, the mix of housing types in Wayland's Grant will permit a variety of price ranges, as well. Anticipated housing prices are between $100K and $160K for the attached units and $125 to $185 for the detached units. This price range targets a population, which earns approximately $40,000 to $70,000 per year. (The housing prices are not proffered.) The lower end of this range contains housing prices that meet the Albemarle County Housing Committee's standards of affordability for the income sector of 80% - 100% of the Median Household Income. Neighborhoods shouM be developed in small sections to allow for design flexibility that can enhance and facilitate a more comfortable and human-scale neighborhood Development in small sections can be more easily phased and provide opportunities to have homes with frontage toward views and amenities. This proposal shows "blocks" instead of"cul-de-sacs" with a surrounding loop. With the small front setbacks and sidewalks, the neighborhood appears to have a more human scale. Open space should be used when considering the circulation system for water, pedestrians, bicycles and wildlife. It should be used to create a sense of privacy and act as an environmental resource. Open space in this development is provided in two areas. In the interior of the subdivision it is provided as a central park. Near the stream it is a protected area separating the development from Orchard Acres and providing for a tot lot. Land Use Standards for Designated Development Areas (General Land Use Standardspp: 20 - 22) Development should be concentrated and clustered to protect environmental features. Wayland's Grant protects environmental features through open space designations. The Application Plan shoWs clusters of development away from the stream buffer, steep slopes, and stream. Existing forested areas acting as buffers between subdivisions should be maintained Waylands Grant seeks to maintain the .buffer between the development and Orchard Acres Limiting access points should minimize the impact of development on major roads. Wayland's Grant fronts on Jarman's Gap Road and it is served by a single entrance but allows for connections to adjoining properties. A sense of community should be maximized byproviding connections between developments; such connections may provide for additional recreational facilities, increased open space area, bicycle/pedestrian links, improved public transit, emergency access, and access to schools, parks, and other public facilities. In all but the area of public transit, Wayland's Grant will do these things. JAUNT service, though, would be available to this development. Underground utilities should be provided in new developments. Wayland's Grant will provide utilities underground. Features to prevent impact from impervious surfaces on water quality should be provided Best management practices (bmp's) are shown in the front of the adjacent to Jarman's Gap Road and along the intermittent stream. Building orientation should be to public streets; parking areas do not need to be located exclusively in front of buildings. This development, different than many other subdivisions in the County, adopts many "neotraditional" characteristics which include closer front setbacks, orientation to public streets and to greens. Parking shown on the application plan is perpendicular to the public streets and internal to the blocks. Where site illumination is proposed, down-directed and shielded lights should be used This proposal does not call for any lighting; however lighting provided at the site plan phase will need to meet the County's new lighting ordinance requirements. Historic buildings shouM be adaptively reused There are no historic buildings on the site. The phasing of developments should match service and infrastructure availability and capacity. Water and sewer capacity is available and Jarman's Gap Road is to be widened by 2002. Overall development density should be as high a level as is practical.. The Land Use Plan suggests 6.01 to 34 dwelling units per acre. Development density in this proposal is 4.4 dwelling units per acre. This density is viewed as being higher than the existing zoning which would yield 2.65 dwelling units per acre and higher than the nearby residential development. This development would appear to be a practical balance between the recommendation of the Land Use Plan and the surrounding area including the recently approved Gray Rock development. (Gray Rock was approved for 2.4 dwelling units per acre.) The integrity of adjacent residential areas should be maintained through use of buffering, screening, and separation of adjacent non-residential uses. Common area open space and a stream buffer separate orchard Acres from the development. One house adjoins the property to the east of the site. The applicant antiCipates that this property will be redeveloped residentially and has not proposed screening. Developments should be designed with an internal orientation to foster a sense of place and avoid the image of continuous suburban sprawl. Wayland's Grant is designed with an internal orientation, which is centered on a green. A variety of lot sizes is anticipated with a mix of unit types These design features along with streets with curb, gutter, and sidewalks should help to avoid the image of continuous cul-de-sac sprawl. It is believed that this internally oriented design will foster a greater sense of place than conventional development because of the increased oppommities for social interaction. Privacy is also ensured with provisions for yards and open space. Provisions should be made for innovative design that reduces housing costs. The designs proposed would allow for mixed uses within buildings or attached housing which should reduce housing costs. Lot design and residential layout should be based on a rational use of land that reflects topographic and other physical features rather than massive grading to eliminate or counteract those features. In this development, minor grading will be needed for road construction and lot development. No encroachment into critical slopes will occur for building sites. Critical slopes are protected along the stream and in the stream buffer. Within the stream buffer, the nature trail, utilities, and drainage improvements are proposed. Specific Standards for Residential, Commercial and Industrial Land Uses (Residential Densities and Relationships to Other Land Uses; Residential Development Design, pp. 22-23) In rezoning deliberations, the county should be mindful of the intent to encourage infill development, contain most future growth within the designated Development Areas, and avoid rural development pressure. Unless contrary to matters of public health and safety, residential rezoning to the upper end of the Comprehensive Plan recommended land use density ranges should be favored even if the density exceeds that of surrounding developments. In Waylands Grant, as with the recently reviewed Springridge, density is less than that recommended in the comprehensive Plan. It is greater than the density of surrounding developments and the recently approved Gray Rock development. As previously stated, it provides for greater density than the by-right use and higher density than surrounding developments. Maintenance of the integrity of residential areas should be accomplished using buffering, screening, and physical separation of adjacent nonresidential uses. To the rear of the property, residences developments are separated by the stream and stream buffer. To the east of the property, a single house is present on 3.4 acres of land proposed for urban density residential development. The applicant considered screening along this' boundary to help provide for privacy to the adjoining parcel. He decided, however, that, with the residential use indicated on the Comprehensive Plan for this property that such screening would not be warranted. He has agreed to retain the vegetation at this location during construction but has not proffered to maintain a screen at this location. For larger developments, layout and design shouM provide for varying building orientation and setback, dwelling unit type, faqade treatment, and lot size to avoid repetitiveness. Open space shouM be employed as a design feature to establish and define smaller neighborhood areas within the larger developments. The PRD/PUD approach is particularly applicable for larger developments. The PRD is proposed for this development. Building orientation, setback dwelling unit type, and the use of open space are used to make this development more "neotraditional" in style than a conventional cul-de-sac type development. 6 Land Use Designation (Residential Land use pp. 25 - 26) Urban Density Residential areas should have a gross density of between 6. O1 and 20 dwellings per acre with possible densities of up to 34 dwellings per acre under a planned development (PRD/PUD). Waylands Grant proposes a density of 4.4 dwelling units per acre. Urban Density Residential areas are intended to accommodate residential uses other than single family detached dwellings. This development proposes a mix of single family dwelling types. Urban Density Residential areas are not intended for development at densities below 6 dwellings per acre. This development would provide for a density below 6 units per acre. Development densities within the Urban Density Residential area should ultimately be based on environmental criteria, road function and condition, available utilities, adjacent land uses, and site requirements. The proposed development avoids environmentally sensitive areas and provides for the urban cross section of road. Utilities are available to serve the development and the use is viewed to be compatible with existing and proposed adjacent land uses. STAFF COMMENT Relationship between the application and the purpose and intent of the requested zoning district The purpose and intent of the Planned Residential Development is to · encourage sensitivity toward the natural characteristics of the site and toward impact on the surrounding area in land development · promote economical and efficient land use · provide an improved level of amenities, appropriate and harmonious physical development, and creative design · provide flexibility and a variety of development opportunities for residential purposes · use open space .for recreation, protection of areas sensitive to development, provide buffering between dissimilar uses and preserve agricultural activity Wayland's Grant meets the intent and purpose of the district by providing for a diversity of housing types and a mixing of uses with sensitivity to environmental features, "neotraditional" type design, open space and park amenities, and connections to adjoining developments. Public need and justification for the change The Comprehensive Plan promotes infill development in the designated neighborhoods, communities, and the Village of Rivanna. It further describes characteristics which new developments should have. Housing demands in the community are to be filled in the development areas. This property is suggested for housing development with a density of 6.01- 34 dwelling units per acre. The design and development plan cOntains most of the characteristics recommended in the Comprehensive Plan. The goals of the Comprehensive Plan and the needs of the community would appear to justify this rezoning proposal Anticipated impact on public facilities and services Transportation - Principle access to the property will be from Jarman's Gap Road; secondary access will be from the Gray Rock subdivision. Jarman's Gap Road is expected to be improved by 2002. The width and number of lanes has not yet been determined; however, it is to have a bike lane and sidewalks. The Proffers and General Conditions commit to a 30 foot right-of-way dedication for Jarrnan's Gap Road and construction of a right mm lane into the development. Street trees are proffered along Jarman' Gap Road, however, they are to be planted on the Wayland's Grant property in conjunction with the development of Blocks A & B. Within the development, an urban cross-section street is proposed with curb, gutter, and sidewalks along all roads except a portion of the park block, which would not have houses. Road widths of 36 feet near the entrance and 28 feet throughout the development, are proposed. On the 36-foot section, on-street parking is proposed. Staff is awaiting verification from VDOT that the 28 foot width can be approved since the road connection with Gray Rock means that additional traffic may travel on the roads in this neighborhood. Staff anticipates that the section will be approved as shown. As with the Gray Rock proposal, VDOT's comments mostly revolved around the impacts to Jarman's Gap Road and the intersection with Route 240. The Gray Rock proposal offered $500 per building lot to help defray costs associated with this intersection improvement. The Wayland's Grant proposal does not offer cash proffers for the same improvements. Instead, the developer has offered more amenities within the development such as a central park area, curb and gutter, and sidewalks on both sides of the streets and within the park. block. It is these amenities (from Land Use Plan recommendations for neighborhood type development) on which the staff has concentrated. In conjunction with the developer's intent to provide housing within a price range affordable to households at 80 - 100% of the median family income in the County, staff views this trade-off as appropriate. Street trees on subdivision streets within the development are not provided because of the compactness of the development. With a proposed r.o.w, of 44 feet, only 8 feet of space is left on each side for both utilities and sidewalks. With a proposed minimum 10 feet setback, the applicant believes that the addition of street trees would make the appearance too "crowded". To move the utilities to the rear of the lots would add extra expense that the applicant would like to avoid in order to keep the housing prices more affordable. Interparcel connections are provided to the Gray Rock property as well as to the Haberly property. This connection is planned as a rural cross section to give the appearance of a "lane". Commitments have been made to construct a trail to connect to the Gray Rock pedestrian paths along the roads. Now that paths will be provided on both sides of the road in Gray Rock, a modification of the Wayland's Grant conceptual plan will be needed to provide sidewalks or paths on both sides of the connecting road in Wayland's Grant. Regarding the connection to the Haberly property, the applicant has proffered to reserve this area for a period of 7 years for connection to the Haberly property. In this scenario, a future developer of the Haberly property would have to build the road connection within the right- of-way 7 years from the approval date or that road connection would expire and the property would be available as a building site or revert to the adjoining properties. Staff believes that, to maintain an opportunity for permanent connection to that property is more advantageous; however, the Haberly parcel is only 3.4 acres with a large existing house. Design around that house would reduce many opportunities for major development of the parcel at urban density. Reduetion in Requested Parking: As part of this proposal, the applicant has requested a 20% reduction in parking for Blocks A & B. This request is justified because of the on-street parking proposed which more than adequately makes up for the loss in on-site spaces. Additionally, the hours of operation of the offices will be restricted to 8 a.m. to 5 p.m. so that an overlap of parking lot use will not occur. Schools - Students from Wayland's Grant would attend Crozet Elementary School, Henley Middle School, and Western Albemarle High School. Using the County's multipliers, the development would produce 20 elementary school students, 9 middle school students, and 11 high school students for a total amount of 40 additional students. The by-right development would produce 24 additional students. Henley and Western Albemarle have capacity for students well in excess of existing enrollment. Crozet Elementary and Brownsville Elementary each have additional capacity, although at each school, that capacity is less than 100 additional students. Brownsville Elementary plans an expansion that would add 5 additional classrooms by 2003. Redistricting between Crozet Elementary and Brownsville Elementary could be done in future years to accommodate the anticipated increase in development in Crozet for the next several years. Water and Sewer: Public water and sewer would be extended to the property. It is shown on the application plan as being in the streets. VDOT prefers that manholes and other utilities be outside of the street, so, in final subdivision or site plans, the utilities may end up' being on the lots. Stormwater Management: The property drains two directions -towards Jarman's Gap Road and towards the creek to the rear of the parcel. A piped system of stormwater detention is proposed along Jarman' Gap Road; however, other detention and bmps are possible in this area which the applicant has considered. Anticipating a possible need for a nonpiped solution, the applicant has asked for a reduction in parking spaces and rear access for four units to free up other space in this area for detention. 9 For the area along the intermittent stream, best management practices (bmp's) are proposed in the stream buffer. These bmp's would likely be small basin/traps at the base of the pipes No bmp's are required according to the County's Water Protection Ordinance as the tributary feeds into the Lickinghole; however provision ofbmp's at this location is viewed to be consistent with the provision for bmp's in the Gray Rock development. Public recreational facilities: The applicant has proffered to build a trail along the creek which, as with Gray Rock, could be conveyed to the County if the homeowners wish to do so when it connects to something more than just Gray Rock. In addition, 3.8 acres of land will be conveyed to the homeowners. A tot lot will be put in the common area near the creek. The central commons will be more of an open park like setting. Fiscal impact to public facilities - The County has reviewed the anticipated fiscal impacts and that analysis is provided in Attachment H. The impacts of the by-right development were measured and compared with the proposed rezoning. According to the fiscal impact model's estimates, the approval of this rezoning would lead to a differential net annual impact of negative $47,000 of which $35,000 would be related to CIP costs and $12,000 would be related to operating costs. (This $47,000 is the difference between Wayland's Grant as proposed and a by-right development.) As with most residential developments, the cost to provide services exceeds the amount of taxes anticipated per dwelling unit. Anticipated impact on natural, cultural, and historic resources - No impact is anticipated on historic resources and the office uses are not expected to impact the viability of Crozet's downtown. Existing environmental resources: Environmental resources at this site include woods, steep slopes, streams, wetlands, and floodplain. The site is covered with vegetation - both mature trees and scrub trees. Although not proffered, the applicant intends to preserve as much of the tree cover as possible during grading. Any additional tree removal would occur with homebuilding, depending on the type of home anticipated for each lot. For the development areas, a loss of forested areas is expected. The riparian buffer along the creek will not be disturbed. Steep slopes - NO construction is proposed on steep slopes. They are all to be protected with the stream buffer. Streams -An intermittent unnamed tributary to Powell's Creek separates this parcel from Orchard Acres. This stream is not shown as a significant feature on the County's Open Space Plan. Wetlands - There are no known wetlands on the property. SUMMARY Staff has identified the following factors, which are favorable to this request: 10 The proposed rezoning provides for a design, which is in keeping with all recommendations of the Comprehensive Plan. Wayland's Grant meets the intent and purpose of the district by providing for a diversity of housing types and a mixing of uses with sensitivity to environmental features, "neotraditional" type design, pedestrian access, and open space and park amenities. Community input was sought and utilized in the final design for the project. Staff has identified the following factors, which are unfavorable to this request: 1. The density is less than density proposed as part of the Comprehensive Plan. RECOMMENDED ACTION Staff has worked extensively with the applicant for this rezoning for several months. The applicant began the process by seeking public input, then bringing the proposed development and design to the County. Issues relating to environmental preservation, provision of sidewalks, and an urban road section were resolved before application was made. The design based on a central green and surrounding mixed housing types was refined as were the ways to implement innovative ideas for mixed building uses in a portion of the development. As with the recently reviewed Springridge, staff believes that this proposal brings a new look to housing in a development area. Although density is not at the level proposed in the Comprehensive Plan, it is greater than the by-right development and other recently approved rezonings in Crozet. The "attached" type housing product provides opportunities for home ownership in a unique new "neotraditional" type neighborhood in Crozet, in keeping with almost all design characteristics recommended in the Comprehensive Plan. The nature trail will allow for inteparcel connections as will the road connections to the Gray Rock parcels and, potentially, the Haberly parcel. As a result of the design of the development and conformity in all areas but density with the Comprehensive Plan, staff recommends approval of ZMA 98-18 and a 20% reduction in parking for Blocks A & B. ATTACHMENTS: A. Location Map B. Tax Parcel Map C -Wayland's Grant Conceptual Plan - Revised to Reflect PC Recommendations D -Proffers and General Conditions - Revised to Reflect PC Recommendations E-Clarification of Terminology Types F-Concept Design for Blocks A & B G-Results of Community Meetings H-Fiscal Impact Statement 11 CASTLE eOAZ MOUNTAIN \ ro /OVINGSTON Jl MouN1 HIGII TOP ROCK While It~Jl ZMA 98-18 Wayland's Grant TOM MOUNTAIN OId~ Dem,~m~ Esmom ' ~. - : Covm~ Club t Rediand ~hdge ALBEMARLE COUNTY 39 V'" I ~'" ATTACHMENT B 9~ MILI~S SEE 71 · SAMUEL'MILLER AND WHITE HALL DISTRICTS SECTION 55 56 FUTURE ~TURN LAN~ ~PROVE~ENT$ ~ ~ BLOOK Oo 0.,"- ~ I' ( / POTENTIAL INTERPARCEL'-~O~NECTION/ / RURAL SECTION WIT~ TRAIL TO RATCHGRAYROCK / J / BLOCK D // x~ ~ -~ / / / / SIDeWalK CO~M~I~ PARK BLOCK/ 34 R.O.W. DEDICi~ TION / / I f / / \ \ I \ '"--- t L RECEIVED DEC 1 Planning Dept, OD okO ",.. \ Ill/' / / / ? I / J~//I/[i I',11111 llf~/ III/I / [/ J / I/ ll lll /] I/ iiii 1 I ,11/I I ATTACHMENT C A. LAND USE SUMMARY TOTAL DWELLING UNITS: 3. PROFESSIONAL OFFICE (BLOCKS A ~ B): B, LAND USE AREA SUMMARY TOTAL PROPERTY AREA: 2. RESIDENTIAL LAND USE: 3. OPEN SPACE: 4. DENSITY: C. SETBACKS ~. FRONT YARD:t0 FT 2. SIDE YARD: 3 FT 3. REAR YARD: 20 FT 4. MAXIHUM BUILDING HEIGHT 45' O. DEVELOPMENT BLOCK A & B PARKING SUMMARY ~, PARKING REQUIRED: A. RESDEN~IAL: ~ SP/DU.,32 x 2 = 64 SP B, PROFESSIONAL OFFICE: I SP/200 SF NET = $6 SP §5 ~,006 SF VICINITY MAP 1 "=2000' <:1: ~ CD J OgL~l Proffer Statement Barclay Development Corporation Robert E. Jr. and LeAnne C. Bargamin ATTACHMENT D Rezoning Application ZMA 98-18 Wayland's Grant Robert E. Jr. and LeAnne Bargamin (the "Applicant") are the fee simple owners of that certain property described in rezoning application #ZMA-98-18 and is all of Tax Map 55, parcels 66A and 66. If Applicant's rezoning application is denied, these proffers shall immediately be null and void and have no further force or effect. These proffers shall supersede all other proffers made prior to this date. Plans and Illustrations. Applicant has presented as part of its Rezoning Application, an application plan entitled, "Wayland's Grant Conceptual Plan", dated 10/20/98, revised 11/2/98, revised 11/9/98~ and initialed "EKE", which is attached to these Proffers and General Conditions. I. Density No more than 85 dwelling units may be constructed on the Property. II. Road Improvements 2.1 Dedication. As a condition of plat approval for the subdivision, Applicant shall dedicate along the entire southern boundary of the Property, an area of land for widening State Route 691 (Jan'nan's Gap Road) not to exceed 30' to the centerline of the existing prescriptive easement as shown on the Conceptual Plan. Applicant and successors in title shall grant easements for temporary construction of improvements to State Route 691, as needed. 2.2 Road Improvements. Access shall be restricted to an intemal public road network. As a condition of plat approval for the subdivision, Applicant shall construct as a single improvement, a 100 foot dght turn lane and 100 foot taper for westbound dght turn movement into the Property from State Route 691 as indicated on the Conceptual Plan. Public Roads: The public streets within the neighborhood shall be at the widths shown on the Conceptual Plan and designed and constructed in accordance with the VDOT 1996 Subdivision Street Requirements. 2.3 Disposition of Dedicated Property. In the event any of the property, in Sec. 2.1dedicated pursuant to proffer is not used for the purpose for which it is proffered, with such use being undertaken within 10 years of receipt of the property by the County, then the property shall revert to HOA. 1RECEIVED 2.4 Inter-Parcel Access. The Applicant shall reserve a 50-foot right-of-way/~Va '~t~i~ street to provide inter-parcel accesses to the adjoining properties, east and west of ,the Planning Dept. Property. The locations are shown on the Conceptual Plan. In the event that the area reserved for a street(s) is not used for the purpose for which it is hereby proffered within seven (7) years from the date of approval of ZMA-98-18, then such reservation shall be released and the Applicant then may use the area(s) for building lot(s) notwithstanding the density limitation contained in Article 1 above or at Applicant's option, such area may accrue to the adjoining lots. For the connection to the Gray Rock parcel to the west, the Applicant shall construct a road meetin~County rural profile standards in the r.o.w, prior to the issuance of a building permit for the 50'" unit. III. Open Space 3.1 Open space for the development is shown on the Conceptual Plan as Community Open Space and Community Commons. 3.2 Within the Community Open Space, Applicant will construct a tot lot and a nature trail. The nature trail will be constructed within the stream buffer zone shown on the Conceptual Plan with the improvements for the lots adjacent to the stream buffer. If the trail is to be constructed adjacent to the stream and the stream meanders onto adjacent property, the trail may be placed on adjoining properties if the County obtains the necessary easements on those adjoining properties. The HOA will reserve the stream buffer including the nature trail for dedication to the COunty at such time that adjoining properties convey a greenway or similar path system to the County for continuation of the greenway on the unnamed intermittent stream which leads to the greenway along Powell's Creek 3.3 Applicant will convey in fee simple the Community Open Space and the Community Commons to the Wayland's Grant Homeowners Association ("HOA") before final bond release for public improvements for the development. IV Owners Association and Declaration of Covenants, Conditions and Restrictions 4.1 Declaration. The Applicant shall prepare and place on the Property, a Declaration of Covenants, Conditions and Restrictions (the "Declaration"). The Declaration's purpose will be to facilitate the planning and development of the Property in a unified and consistent manner. The Declaration shall set forth covenants, conditions and restrictions for pdvate enforcement only by homeowners within the Property. A clear'intent of the Declaration will be that the County of Albemarle will have no rights or obligations to enforce such covenants, conditions and restrictions. The Declaration shall not be interpreted as authorizing any relaxation of state or Albemarle County regulatory or minimum code standards, except as allowed by the regulations and/or the Albemarle County Code. 4.2 Fixed Standards. (a) The following elements of the Design Guidelines shall be referenced in the Declaration: (i) Types of materials to be used in construction of buildings; height (iii) Minumum setbacks from properties adjacent to the Property, lot/building area ratios, restrictions; and Types of materials to be used and standard for landscaping. 4.3 Design Guidelines. The Design Guidelines also shall: (a) Provide the standards for development within the Property and explain how such standards are implemented; (b) Provide for creation of a Design Review Committee. (The County of Albemarle will not participate on such Design Review Committee). (c) Provide an outline of the procedures and contacts for approvals by the Design Review Committee in connection with design and construction within the Property; and (d) Include requirements for builders to install Iow flow showers and toilets as water conservation techniques. 4.4 Maintenance of Landscaping and Open Space. The Declaration shall provide a mechanism for establishing and maintaining landscaping and open space, within the Property, including the following: (a) The Applicant shall organize The Waytand's Grant Home Owners Association (the "HOA") as a non-stock corporation under the laws of Virginia for the care and maintenance of all such lands and improvements owned or entrusted to the HOA. (b) The Declaration's covenants, conditions and restrictions running with the land shall bind the HOA. The Applicant or such HOA shall be responsible for the perpetuation, maintenance and function of all open space areas. (c) The Applicant or such HOA shall provide a means for identifying Community Open Space as to location, size, use and control in one or more restrictive covenants, and such covenants shall set forth the method of assessment for the maintenance of such Community Open Space. The Declaration's method of identifying open space areas shall not supersede any applicable requirements to identify common areas in a site development plan or subdivision plat. (d) The Declaration shall be in full force and effect for a period of not less than twenty-five (25) years and shall be automatically extended for successive pedods of twenty-five (25) years unless terminated in a manner set forth in the Declaration. (e) The HOA shall continue in effect so as to control the availability of the facilities and land thereby provided and to maintain the open space for its intended function. Such Association shall not be dissolved nor shall such HOA dispose of any open space, by sale or otherwise, except to successor organizations conceived and organized under the same standards and principles set forth herein for the HOA to own and maintain the open space. V. Miscellaneous. 5.1 Certificate. The undersigned, Robert E. Bargamin, Jr. and LeAnne C. Bargamin certify that they are the only owners of the Property that is the subject of this application. 5.2 The Applicant. These proffers shall run with the Property and each reference to the "Applicant" within these proffers shall include within its meaning, and shall be binding upon, Applicant's successor(s) in interest and/or the developer(s) of the Property or any portion of-the Property. Barclay Development Company ~~~. ~.~~, ert E. Bargamin, J~ General Conditions for Waytand's Grant These general conditions are a part of the Conceptual Plan dated 10/20/98 revised 11/2/98 and 11/9/98 and proffered as a part of the rezoning application for Wayland's Grant. A.) The purpose of this development is to provide a mixed-use community with opportunities for residential, office and PRD and R-6 by right uses in the Crozet Growth Area. With design features such as minimal setbacks, sidewalks, a central green, preservation of stream valleys, dedication of open' space, the development is intended to accomplish in Crozet a design in keeping with the goals and objectives of the County's Comprehensive Plan. B.) The uses allowed in the Wayland's Grant Planned Development shall be all of those uses allowed by dght in the R-6 Zoning District and ali of those uses allowed by dght in the PRD Zoning Distdct identified as Sections 16.2.1; 16.2.2; 19.3. I and 19.3.2 of the Albemarle County zoning ordinance, copies of which are attached, with the restrictions as to dwelling unit types indicated in Condition C below. Uses allowed by special use permit shall be all of those, uses allowed by special use permit in the R-6 Zoning Distdct and PRD Zoning District, with the following exceptions: 16.2.2.4 Commercial swim, golf, tennis or similar athletic facility; 16.2.2.8 Mobile Home subdivisions; i6.2.2.10. Hospitals; 16.2.2.13 Cemeteries; 16.2.2.14 Mobile Home Parks; 16.2.2.9 Rest home, nursing home convalescent home, orphanage or similar institution; 19.3.2.8 Commercial swim, golf, tennis.or similar athletic facilities; 19.3.2.3 Rest home, nursing home, convalescent home, orphanage or similar institutions. Approved as a part of this development as a special use are professional offices, 2000sf each in Blocks A and B; community center; temporary sales center to convert to a residential unit or professional office; and recreational or athletic facilities for this development. -. C.) Uses and conditions allowed by block as shown' on the Conceptual Plan;Residential types shall be limited as listed in the blocks below. 1.) Blocks A and B. Development will be in accord with the axonimetric drawing entitled "Front Block Schematic", dated "11/19/98 ", and initialed, "EKE" as to the following elements only: buildings will be aligned generally along the outside of the block in a "U" shape, facing a center courtyard. Buildings may be single Storied or multistoried with basements or half basements; pitched roofs will be provided for all structures. All other elements of the drawing are illustrations only and are not proffered. a) b) c) d) e) The following uses are allowed: Professional office: 2000sf each in Blocks A and B for a total of 4000sf in the development, single family detached (SFD), single family attached (SFA), townhouses (TH), Muitifamily (MF), community center (CC), Recreation or athletic facilities for the community (RAF), temporary sales center (TSC), condominiums (C). Building facades will face public streets. Parking shall be interior to the block, landscaped to minimize view of parking from all streets, with.the exception that dwelling units on the east side of Block B may be rear loaded and dwellings on the west end of Block A may be rear loaded as governed by pdvate ddveway regulations. The Applicant requests a reduction in the parking requirement of 20% per the parking regulation 4.12.4 of the Albemarle County Zoning Ordinance in both Blocks A and B as the professional office will be in operation during the hours of 8:00am to 5:00pm when most residents would be at work. Further the streets have been designed for on-street parking which will provide parking opportunities well in excess of the requested 20% reduction. Large vadety trees, 2.5 inches in caliper, or larger, will be installed along Jarman's Gap Road at an interval of approximately every 50', as shown on the Conceptual Plan. These trees will be indicated on the site plan or subdivision plat and installed and bonded in conjunction with improvements 'provided for Blocks A and B. 2. Park Block. Uses: SFD, SFA, TH, TSC, CC, PAF, and Community Commons as shown on the Conceptual Plan. 3. Block C: Uses: SFD, SFA, TSC, CC, RAF. 4. Block D: Uses: SFD, SFA, TH. 5. Block F: Uses: SFD, SFA. 6. Community Open Space and Community Commons. Uses: tot lot as shown on the Conceptual Plan and in conformity with Section 4.16 of the Zoning Ordinance (Copy attached), nature trail, public utilities, storm water management devices, erosion control measures necessary for the development. 7. Additional recreational areas for this community, such as a community canter and/or fitness center may be developed by the Applicant or the HOA in an area designated by the Applicant. D.) Sidewalks. Sidewalks, 4 feet wide and constructed of concrete, shall be provided along the streets and Other areas shown on the Conceptual Plan. E.) Street Trees if, after consultation with the county,VDOT, and the Albemarle County Servica Authority, utility location is allowed in the streets, the applicant will provide street trees roughly 50' apart in a planting stdp between the back of the curb and the sidewalk. However, if negotiations are unsuccessful the applicant will construct the sidewalk adjacent to the curb and no street trees will be provided. F.) Setbacks, Maximum Height and Minimum Lot Sizes. a) The front setbacks shall be a minimum of 10'. b) On detached lots, the side yard setback for pdmary and secondary structures shall be a minimum of 3'. c) On attached lots, a zero side yard setback shall apply along common'walls and for any accessory structures along the respective property line. d) The rear setbacks shall be a minimum of 20'. f) If and where shared driveways are constructed, the setback from the shared access easement shall be a minimum of 3'. g) Maximum height of any structure is not to exceed 45'. h) Minimum lot sizes: Minimum lot size for detached units in Blocks other than Blocks A & B shall be 4500sf; Minimum lot size for attached units in blocks other than blocks A& B shall be 2000sf; Minimum lot size in Blocks A & B shall be 1500sf. G.) BMP's. Storm water BMP's will be implemented as per the Conceptual Plan. H.) Flag lots shall be permitted. !.) Variations in site development plans and subdivision plats from approved application plans may be permitted by the director of planning and community development upon a finding that such variations are: generally in keeping with the spirit and concept of the approved application plans; in accordance with the comprehensive plan; and in accordance with regulations currently in effect. Changes other than permitted herein shall be made only I~ rezoning application. COUNTY CODE Sections: I6.1 16.2 16.2.1 16.2.2 16.3 16.4 16.4.1 16.4.2, 16.4.3 16.5 16.6 16.7 16.8 CHAPTER I8 ZONING SECTION 16 RESIDENTIAL - R-6 INTENT, WHERE PERMITTED PERMITTED USES BY RIGHT BY SPECIAL USE PERMIT AREA AND BULK REGULATIONS BONUS FACTORS (REFERENCE 2.4) ENVIRONMlgNTAL STANDARDS DEVELOPMENT STAND~ LOW AND MODERATE COST HOUSING CLUSTER DEVELOPMENT OPTION REGUI~TIONS (Amended 8,14-85) BUILDING SEPARATION RECREATIONAL AREA REQUIREMENTS HEIGHT REGULATIONS, 16.1 INTENT, WHERE PERMITTED R-6 districts are hereby created and may hereafter be established by amendment to the zoning map to provide a plan implementation zone thac -Provides for compact, medium-demity residential development; (Amended 9-9-92) -Permits a variety of housing types: and -Provides incentives for clustering of development and provision of locational, environmental and developmental amenities. 1t.-6 districts may be permitted within community and urban area locations recommended for medium-density residential use in the comprehensive plan. (Amended 9-9-92) 16.2 PERMITTED USES 16.2.1 BY RIGHT The following uses shall be permitted subj~c~ to the requiz-ements and limitations of this ordinance: I. Detached single-family dwellings. Semi-detached and attached slngl~-famiIy dwellings such as duplexes, uSplexes, quadraplexes, townhouses, aa-ium houses and patio houses provided that density is maintained, and provided further that buildings are IScated so that each unit could be provided · 18-16-1 . 12. 13. 14. ALBEMARLE COUNTY CODE with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. Multiple-family dwellings such as garden apartments. Cluster development of permitted residential uses. Rental of permitted residential uses and guest cottages; provided that yard. area and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lot. Homes for developmentally disabled persons (reference 5. t.T). Boarding houses. Tourist lodgings (reference 5. I. 17). (Repealed 9-2-81) (Repealed 9-2-8 I) Electric, gas. oil and communication facilities, excluding tower swuctures and incllu~g poles, lines, u-ansformers, pipes, meters and related facilities for d/stribufion of local servic~ and owned and op~ by a public utility. Water dis~b~on and sewerage collection lines, pumping stations and appurtenances owned and opemled by the Albemarle Counts' Servic~ Authority. Except as otherwise expressly provided, central water supplies and central sewer~e systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmissiOn, main or trunk lines, u'ealment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5. I. 12). (Amended 11-1-89) Temporary construction uses (reference 5.1. I 8). Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. 16.2.2 BY SPECIAL USE PERMIT The following us~ shall be permitted only by special use permit approved by the board of s~ pursuant tn section 31.2.4: I. Comm~y center (reference 5.1 2. Clubs, Iodges, civic, fi-atemal, palriotic (reference 5.1.02). 3. Fire and rescue squad stations (reference 5.1.09). 4. Swim, golf, tennis or similar athleti~ facilities (reference 5.1.16). 5. Private schools. 18-16-2 , I0. 12. 13. 14. COUNTY CODE Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro- wave and radio=wave transmission and relay towers, substations and appurtenances (reference 5. t. 12). Day care, child care or nursery facility (reference 5.1.06). Mobile home subdivisions (reference 5.5). Rest home, nursing home, convalescent home, orphanage or similar institution (reference 5.1.13). Hospitals. Home occupation, Class B (reference 5.2). Churches. (Added 9.241) Cemeteries. (Added 9.241) Mobile Home Parl~ (reference 5.3). (Added 3-5-86) 16.3 AREA AND BULK REGULATIONS AREA AND BULK RESULATTONS CONVENT~ON&L CI.U ~'rl~R CON¥~N?ZOttAI. T~ DEVELOPM£N'I' DEV~LOPM£N? Gross density 6 ~-'-'acm 6 du/~----'-"~ D£VELOPM~N? D£VKLOPM£N? 7260 sq ft NIA Yard~, minimum: 4,840 sq ft. N/A Front 25 feet 25 feet 25 feet 25 feet Side 15 feet 15 feet 15 feet 15 feet Rear 20 feet 20 feet Maxirai~_,._ 20 feet 20 feet Struem~ height 35 feet 35 feet 35 feet 35 feet i6.4 BONUS FACTORS (REI~ERENCE 2.4) (Amended 8-14-85) 16.4.1 ENVIRO~AL STANDARDS For mahatenance of existing wooded areas equal to: ten (I0) percent to. nineteen (19) percent of the site, a density increase of five (5) percent shall be granted; twenty (20) percent Or greater of the site, a density increase of ten (I0) percent shall be granted. In order to ~ for th/s bonus, a conservation plan as specified in section 32.7.9 shall be required. (Amended 8-14-85; 9-9-92) 16.4.2 DEVELOPMENT STANDARDS For dedication of land to public use not otherwise required by law, density may be increased as follows: · 1B-16-3 ,4LB£MARZ£ COUNTY CODE The acreage of the land dedicated and accepted shall be multiplied by tWice the gross density- standard level, and the resulting number of dwellings may be added to the site, provided that the density increase shall not exceed fifteen (15) percent. The dedication shall be accepted by the board of supervisors pr/or to/'mai approval. ' For provision of road improvements to secondary or primary roads not otherwise required by this ordinance or Chapter 14 of the Code of Albemarle, a density increase up to twenty (20) percent shall be granted, to be agreed upon by the commission and the applicant, based upt)n the relative need for transportation improvements in the area. The need for such improvements shall be established by the Virginia Department of Highways and Transportation. (Amended 8-14- 85) I6.4.3 LOW AND MODERATE COST HOUSING For provision of Iow or moderate cost housing units as follows, a density increase of thirty (30) percent shall be grarit.=~: a. At least thirty (30'~ .uercent of the number of units a~hievable under gross density-standard level shall be deve!,.'ued as Iow or moderate cost units; and The initial sale price for sale units or the rental rate for a per/od of.five (5) yem-s for rental units shall qualify as low or moderate cost housing under either the V~'~n~. HOusing Development Authority, Farmers Home Admini~-ation or Housing and Urban Development Section 8; and If rental units, the developer shall enter into 'au agreement with the County of Albemarle restricting the rental rates of the [ow or moderate cost units for a per/od of five (5) years or until the units are sold as Iow or moderate cost units whichever comes fum; and If sale units, the developer shall provide the director of planning and community development with confirmation of the initial sale pr/ce for the Iow or moderate cost units prior to the issuance of building permits for the bonus units; (Amended 8-14-85) Mobile homes For rent in an approved mobile home park shall be considered rental units under chis section provided they qualify as low or moderato cost housing under the Housing and Urban Development Section 8 program; (Added 3-5-86) Mobile home lots for rent in au approved mobile home park shall qualify for this bonus provided the developer shall enter into an agreement with the County of Albemarle that the lots shall be'available for rent to mobile home owners for a per/od of five (5) years; (Added 3- 5-8.6) I~5.4.4 go Mobile home lots ~or sale in au approved mobile home subdivision shall qual/fy ~or this bonus provided the developer shall restrict rile use of the lot~ to mobile homes or ocher low or m~ cost housing f.or a period of five (5) years. (Added 3-5-86) The cumulative effect of dens/ty factors above may not exceed fiRy (50) percent (Amended 8-I4- 85) 16.5 CLUSTER DEVELOPlV[ENT OPTION REGUI~TIONS (Amended 8-14-85') At the option of the own.er, regulations und~ cluster development provisions in section 16.3 may be used for cluster development of the [and to be subdivided and developed. Use of cluster pi'ovisions shall be subject to other requirements of this ordinance, applicable health requirements and the provisions of Chapter 14 of the Code of'Albemarle. 18-16-4 A£~BEMARLE COUN1~ CODE 16.6 BUILDING SEPARATION In any case in which there is more than one mare structure on any parcel, there shall be a minimum of thirty (30) feet between such structures except as otherwise provided m section 4.11.3. This provision shall not apply to structures built to a common wail. (Amended I-1-83) (Amended 8= 14-85) 16.7 RECREATIONAL AREA REQUIREMENTS See section 4.16 for recreation requirements. (Amended 3-5-86) 16.8 HEIGHT REGULATIONS Except az otherwise provided in section 4. I0, structures may be erected to a height of thirty-five (35) feet. (Amended 9-9-92) (Amended 8-14-85) t8-16-5 ALBE, t,L4RLE COUNT'Y CODE CHAPTER 18 ZONING SECTION 19 PLANNED RESIDENTIAL DEVELOPMENT. PRD Sections: 19.1 19.2 19.3 19.3.1 19.3.2 19.4 19.5 19.6 19.6.2 19.7 19.8 19.9 19.10 19.11 INTENT, WHERE PERMITTED APPLICATION PERMITTED USES BY RIGHT BY SPECIAL USE PERMIT RESIDENTIAL DENSITIES MIN~ AREA REQUIRED FOR ESTABLISHMENT OF DISTRICT MINIMUM AREA REQUIREMENTS FOR OPEN SPACE AND RECREATIONAL USES RECREATIONAL AREA REQUIREMENTS HEIGHT REGULATIONS BU1LDI3IG SEPARATION SETBACK AND YARD REGULATIONS MINIMUM OFF-STREET PARKING REGULATIONS SIGN REGULATIONS 19.1 INTENT, WHERE PERMITTED PRD districts may hereafter be established by amendment to the zoning map in accordance with the provisions set forth generally for PD districts in sections 8.0 and' 33.0, and with densities and in locations in accordance with the comprehensive plan. The PRD is intended to encourage sensitivity toward the natural characteristics of the sire and toward impact ou the surrounding area in laud development. More specifically, the PRD is intended to promote economical and efficient land use, an improved level of amenmes, appropriate and harmonious physical development, and creative design consistent with the best interest of the county and the area in which it is located. To these ends, the PRD provides for flexibility and variety of development for residential purposes and uses ancillary thereto. Open space may serve such varied uses as recreation, protection of areas sensitive to development, buffering between dissimilar uses and preservation of. agricultural activity. While a PRD approach is recommended for developments of any density, it is recommended but not required that the PRD be employed in areas where the eomprehensive plan recommends densities in excess of fifteen (15) dwelling units per acre, in recognition that development at such densities generally requires careful planning with respect to impact. (Amended 8-14-85) 19.2 APPLICATION Notwithstanding the requirements and provisions of section 8.0, planned development districts. generally, where certain planned community (PC) or residential planned neighborhood (RPN) districts have been established prior to the adoption of this ordinance, such districts shall be ALB~E COUNTY CODE considered to have been established as PRD districts under this ordinance and shall be so designated on the zoning map. 19.3. PERMITTED USES 19.3.1 BY RIGHT The following uses shall be permitted subject to the requirements and limitations of this ordinance: I. Detached single-family dwellings. Semi-detached arid attached stogie-family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses provided that density is rnm[ntained, and provided further that buildings are located so that each unit could be provided' with a lot meeting all other requirements for detached single-family dwellings except for side' yards at the common wall 3. Multiple-family dwellings. 4. (Repealed 9-2-8 I) 5. Parks, playgrounds, community cente~ and noncommercial recreational and cultural facilities such as tenni~ courts, swimming pools, game'moms, libraries md the like. 5, Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines; pumping stations, and appurtenances owned and operated by the Albemarle County Service Author/ty. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) Public uses and buildings including temporary or mobile facilities such as schools,, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trank lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended [ I- 1-89) Temporary construction uses (reference 5.1. I 9. Ac, ces~ry uses and su'uctur~ including home occupatio~ Class A (reference 5.2) and storage buildings. 10. Homes for cL~velopmentally disabled persons (reference 5.1.~. 19.3.2 BY SPECIAL USE PERM1T The following uses shall be permitted only l~y special use permit, provided that no separam application shall be required for any such use as shall be included in the original PRD rezoning petition: I. Day care, child care or nursery facility (reference 5.1.06). I8-19-2 ' A£BEMARI.£ COUNTY CODE 2. Fire and rescue squad stations (reference 5.9). 3. Rest home, nursing home, convalescent home, orphanage or similar ~stitution (reference 5.1.13). Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; microwave and radio-wave transmission and relay towers, substations and appurtenances (reference 5.1.12). 5. Home occupation, Class B (reference 5.2). 6. Churches. (Added 9-2-8 I) 7. Parking su'uctures located wholIyor partly above grade. (Added I I-7-84) 8. Swim, golf, tennis or similar athletic facilities (reference 5.1. i'~). (Added 9= 13-89) 9. Professiona~ offices. (Added 6-8=94) 19.4 RESIDENTIAL DENSITIES The gross and net residential densities permitted in any PRD district shall be shown on the approved application plan therefor, which shall be binding upon its approval. The overall gross density so approved shall be determined by the board of super,/isors with reference to the comprehensive plan, but shall, in no event, exceed thirty-five (35) dwelling units per acre. In addition, the bonus and cluster provisions of this' ordinance shall be inapplicable to any PRD except as herein otherwise expressly provided. 19.5 MINIMUM AREA REQUIRED FOR ESTABLI~ItMENT OF DISTRICT 9.5. I Minimum area required for the establishment of a PRD district shall be three (3) acres. 19.5.2 Additional area may be added to an established PRD district if it adjoins and forms a logical addition to the approved development. The procedure for an addition shall be the same as if an original application were filed, and all requirements shaft apply except the minimum acreage requirement of section 19.5. I. 19.6 ~ AREA REQUIREMENTS FOR OPEN SPACE AND RECREATIONAL USES 19.6.1 Not less than twenty-five (25) percent of the area devoted to residential use within any PRD shall be in common open space except as hereinafter expressly provided. (Amended 9-1349) 19.6.2 RECREATIONAL AREA REQUIREMENTS See section 4.16 for recreation requirements. (Amended 3-5-86) 19.6.3 In the case of any proposed PRD having a total gross area of not less than three hundred (300) acres and a gross residential density of not'more than two (2) dwelling units per acre, the board of supervisors may waive the provision of common open space and recreation area as hereinabove required provided that not less than thirty-five (35) percent of the gross area of such proposed 18..19-3 ALBEMARLE COUNTY CODE PRD shall be devoted solely to agriculture. For purposes of this section only, the term "devoted solely to agriculture" shall be deemed to include not mom than one dwelling'unit, which shall be included [ri the determination of the gross density of the PPD. 19.7 HEIGHT REGULATIONS Except as otherwise provided in section 4.10, structures may be erecffed to a heigi{t not to exceed sixty-five (65) feet; provided that any structure exceeding thirty-five (35) feet in height shall be set back from any street right-of-way or single-family residential or agricultural district; in addition to minimum yard requirements, a distance of not less than two (2) feet for each one (1) foot of height in excess of thirty=five (35) feet. (Amended 9- 9=92) 19.3 BUILDING SEPARATION Except as otherwise provided in section 4.11.3, whether or not located on the same parcel, there shall be a minimum of thirty (30) feet between main structures. This provision shall not apply to structures built to a common wall. (Amended 1-1-83) 19.9 SETBACK AND YARD REGULATIONS 19.9. I Structures to be located on the outer perimeter of a PRD district shall conform to the setback and yard regulations of the adjoining district. I9.9.2 Within the PRD district, the board of supervisors shall es~tblish minimum setback and yard requirements at time of establishment of such district, 19.10 MINIMUM OFF-STREET PARKING REGULATIONS Off-street parking and loading space requirements shall be in accordance with section 4. I2: provided that the board of supervisors may vary or waive such requirements at time of establishment ora PRD district. 19.11 SIGN REGULATIONS Sign regulations shall be as prescribed in section 4.15. 18-19..4 A LBEJ,IA RLE COLINTY CODE 4.16 I~ECREATION REGULATIONS Developed recreational area(s) shall be provided for every development of thim' (30) units or more equal to or exceeding tour (4) dwellino_ units per acre, except tbr sin~le-thmilv and two- family dwellings developed on conventional lots. (Added 3-5-86) 4.16.1 MINIMUM AREA A minimum of two hundred (200) square feet per unit of recreanonal area shall be provided common area or open space on the site. thi~ requirement not to exceed five (5') percent of the ~ross site area. - The commission shall consider the appropriateness of such area for the intended pumose usin= the following guidelines: ' I. Slope in active recreation areas shall not exceed ten (I0) percent. Slope and drainage shall be approved by the county, engineer: 2. The size and shape of each recreation area shall be adequate for the intended use: 3. Groundcover shall consist of turf grass or contained mulch such as pine bark. shredded tires. or pea =~ravek 4. Existing wooded or steep areas ma.y qualify, as passive recreation area provided no other suitable area is available on the site: 5. Access shall be adequate for pedestrians and service vehicles if necessary.: 6. Locanon shall be compatible wire adjoining uses. convenient to users aha suitabte for supervmion. 4.16.2 MINIMUM FACILITIES The following facilities shall be provided within the recreational area: 4.16.2.1 One ([) tot lot shall be provided for the first thirty. (30) units and for each additional fifty 1,50) units and shall contain equipment which provides an amenity equivalent to: One ( I ) swing (four (4) seats) One (1) slide Two (2) climbers One (I) buckabout or whirl Two (2) benches. Substitutions of equipment or facilities may be approved by the director of planning and community development, provided they offer a recreational am. enity equivalent to the facilities listed above, and are appropriate to the needs 0fthe occupants. Each tot lot shall consist of at least two thousand (2.000) square feet and shall be fenced, where determined necessary, by the director of planning and community development, to provide a sate environment for young children. 4.16.2.2 One-half (I/2) court for basketball shall be provided for each one hundred (100) units, consistin,.z of a thirty (30) foot by thirty. (30) foot area of four (4) inch 2I-A base and one and one half(l inches bituminous concrete surface, and a basketball backboard and net installed at regulation height. 18..,1-48 ,4 LBEJ4A RLE CO U.,¥TY CODE 4.16.3 ADDITIONAL REQUIREMENTS 4.16.3.1 Equipment specifications shall be approved by the directo- of olannin,_z and communit~ development on advice of the director of parks and recreation. t6.3.2 Recreational equipment and facilities shall be maintained in a safe condition and rerflaced as necessa~'. Maintenance shall be the responsibiliw, of' the prope~' owner it' rental units Or a homeowners' association if'sale units. ' ' 4.16.3.3 Recreational facilities shall be completed when fifty (50) percent of the units have received certificates of occupancy. ' 2. Bt~-SKA - /build;n,~ , ~ Io-t's , Z. dwcllinao un lb b't- z ~'4.s 13tier ~'~ec<t more_, d,,,:eltinq~ UniTS I buildinc~ .5. ('!1, i ,5~ I,, ATTACHMENT F Clifford H. Fox, Jr. Principle Broker Foxfyre Enterprises, Inc. REAL ESTATE CONSULTANTS 4543 GARTIt ROAD CHARLOTI'ESVILLE, VIRGINIA 22901 October 30, 1998 Elaine Echols Senior Planner Albemarle County Department of Community Development 401 McIntire Koad Charlottesville, VA 22902 Re: Summary of Community Meetings Held for ZMA 98-18 Dear Elaine: ATTACHMENT G Telephone (804) 963-7939 Telecopier (804) 296-3563 I have been working with Bob Bargamin on the development of Wayland's Grant since October of last year. We have conducted four community meetings since April of 1998. The meeting were held either at the Meadows Community Center or at the Crozet Library. The'meeting dates were: April 13, 1998; June 3, 1998; June 25, 1998; and October 21, 1998. The average turnout was about ten people per meeting except the last meeting only having two citizens participating. Invitations were delivered by hand, mail and phone. The phone invitations were to the Fried Companies, Inc. or to one of their representatives. The original copies of the invitations accompany this letter along with the written comments that we received The meeting typically lasted between an hour and two hours. The meeting were comprised of three basic components. I, a planner and/or a consulting architect were present to address the comments and questions asked by the public. The meeting format usually began with an overview of the existing by-right development potential on the property and then a basic explanation of what the owner wanted to do currently. Visual aids, conceptual land plans, architectural drawings were used to promote the owner's ideas for the development. The meetings were focused to solicit community input into the design, character, architecture, density, and impact of the development on the community of Crozet. The owner wanted this information to facilitate ,first, the design of the community; and secondly, to address concerns that the community had regarding the property's development. The participating community citizens raised questions regarding impacts on county infrastructure but seemed to have an overriding concern regarding the design of the development. Design and architecture governing the development appeared to outweigh questions of density. If you need additional information regarding the meetings, please let me know. Attendance rosters for each of the meetings along with the citizen comments are enclosed. We viewed the community meetings as a very positive and helpful aspect of the development process. Sincere regards, Clifford H. Fox, Jr. Foxfyre Enterprises, Inc. Community Meeting f6r Wayland's Grant Future Development Date: Wednesday, October 21st, 1998 at 7:00 PM Location: The Meadows Community Center~ Overview: The property consists of 19.52 acres and is currently zoned R-6 with a proffered 49-1ot subdivision. The property is adjacent to the east side of Gray Rock, Tax Map 55, parcels 66 and 66A. We would like you comments and thoughts on the proposed development. Ail comments will be included with the development plans to the County of Albemarle. We appreciate your participation. For additional information, please contact Cliff.Fox, Foxfyre Enterprises, Inc. 4543 Garth Road, Charlottesville, VA 22901; (H) 823-7575, (0) 923-7939. Community Meeting for Wayland's Grant Future Development Date: Thursday, June 25th, 1998 at 7:00 PM Location: The Meadows Community Center Overview: The property consists of' 19.52 acres and is currently zoned R-6 with a proffered 49-1ot subdivision. The property is adjacent to the east side of Gray Rock, Tax Map 55, parcels 66 and 66A. The existing site plan for the development does not meet the Albemarle County Comprehensive Plan's land use goals. We invite your attendance and comments in creating a design for the development that meets the needs of Crozet and Albemarle County. All comments will be included with the development plans to the County of Albemarle. We appreciate your participation. For additional information, please contact Cliff.Fox, Foxfyre Enterprises, Inc. 4543 Garth Road, Charlottesville, VA 22901; (H) 823-7575, (O) 923-7939. Community Meeting for Wayland's Grant Future Development Date: Thursday, June 25th, 1998 at 7:00 PM Location: The Meadows Community Center Overview: The property consists of 19.52 acres and is currently zoned R-6 with a proffered 49-1ot subdivision The property is adjacent to the east side of Gray Rock, Tax Map 55, parcels 66 and 66A. The existing site plan for the development does not meet the Albemarle County Comprehensive Plan's land use goals. We invite your attendance and comments in creating a design for the development that meets the needs of Crozet and Albemarle County. All comments will be included with the development plans to the County of Albemarle. We appreciate your participation. For additional information, please contact Cliff.Fox, Foxfyre Enterprises, Inc. 4543 Garth Road, Charlottesville, VA 22901; (H) 823-7575, (O) 923-7939. Community Meeting for Wayland's Grant Future Development Date: Thursday, June 25th, 1998 at 7:00 PM Location: The Meadows Community Center Overview: The property consists of 19.52 acres and is currently zoned R-6 with a proffered 49-1ot subdivision. The property is adjacent to the east side of Gray Rock, Tax Map 55, parcels 66 and 66A. The existing site plan for the development does not meet the Albemarle County Comprehensive Plan's land use goals. We invite your attendance and comments in creating a design for the development that meets the needs of Crozet and Albemarle County. All comments will be included with the development plans to the County of Albemarle. We appreciate your participation. For additional information, please contact CliffFox, Foxl~yre Enterprises, Inc. 4543 Garth Road, Charlottesville, VA 22901; (lq) 823-7575, (O) 923-7939. Community Meeting for Wayland's Grant Futttre Development Date: Thursday, June 4th, 1998 at 7:00 PM Location: The Meadows Community Center Overview: The property consists of 19.52 acres and is currently zoned R-6 with a proffered 49 lot subdivision. The property is adjacent to the east side of Gray Rock, Tax Map 55, parcels 66 and 66A. The existing site plan for the development does not meet the Albemarle County Comprehensive Plan's land use goals. We invite your attendance and comments in creating a design for the development that meets the needs of Crozet and Albemarle County. All comments will be included with the development plans to the County. of Albemarle. We appreciate your participation. For additional information, please contact Cliff'Fox, Foxfyre Enterprises, Inc. 4543 Garth Road, Charlottesville, VA 22901; (H) 823-7575, (O) 923-7939. Community Meeting for Wayland's Grant Furore Development Date: Monday April 13, 1998 at 7:00 PM Location: Crozet Library Overview: The property consists of 19.52 acres and is currently zoned R-6 witl~ a proffered 49 lot subdivision. The property is adjacent to the east side of Gray Rock, Tax Map 55, parcels 66 and 66A. The current site plan ffcrr~ t4~ does not meet the Albemarle County Comprehensive Plan's land use goals. We invite your attendance and comments in creating a ~tesign for the developrnent that meets the needs of Crozet and Albemarle County. All comments will be included with the development plans to the County of Albemarle. We appreciate your participation. A£chitcc~s o ttt~efior Desillners o Planners DAT~: 04114~ NO: Cliff Fox It appears evident tbs_*_ ifym~ work with the lp~mp ttom last ni~,ht y0u'll be able ~ ~ ~ i~ ~. Desisn is the issue, not density. I pretty much felt that would be thc case. Houscs desired with double f~oat facad~ formal f~_,~._~_ on Iam~n's Gap, secondary facade on access d~vc, sara~ ~ ~ ~ ~ a~ ~ fences in~ ~oB~her to form clcsant but inform~; frontage on .larman's Vchic-~ar and pcdemian connections to adjace~ property and coordinated p~_~nniu$ eilbns should be Ifyou try aball field, do it with Cnay Rock and pay accordin8 to % of total p~; select site Oplimum to both pn~pc~cs combined but, if all olt one Dcvcl~'s side, work out a trade, Smaller mi-~-park llke, lincar space with path scpamgng back Fards cosdd ~ nice. and pr~'nx a s~ong archii~ philosop~ wi~ stmctun~ 5vide ?_~,*.~. Us~ regions] ver~cu~r mnplmsis when dcscrlin~ ran~ of styles wtfich would be cor~_ *.sty m 'Nitlag~' plann;u$ appt'oach. ~ ranl~e of lot sizes as varied ~s possible to allow tbr rich mix in terms ofaffordabili~, scale, and style. For public plrcs~nlalions it would be hclpfid to ~ 8raphic charts for comparison bet'ween Ixadilional sub- divisioa approaclics and your approacl~ I've semt this used ve~ successfully to ilh~trate to laymen how a mo~e dense development can actually create more useable opc~ space. ]0. Address 'environmental" re~pons~illty alld "sustainable d~*vcl~". Ill West High Street, Charloaesvil~ VA 22902 Tel: 0104) 296-S353 Fax: (8OI) ~rI-~634 E-Mail: Mlal~.oom E~R Rrch[tects 18049716634 04/14,"98 10:34 P. ~)0~ 11. ]2. Avoid 8smtly curving roads. Use ~ with right angle turns to for~ slower tm. mc and make fo~ easier lot l~youtS. Wayland's Grant Commumty Meeting Crozet Public Library' April 14, 1998 7:00PM Minutes General Community comments; Can understand I house/acre but not more density · Need to plan neighborhoods or else I acre "cookie cutter" development will occur all along Jarman Gap Road up to the growth area boundary. · Must propose a good project to keep the growth area boundary "as is." · Appreciated the charrette (January 10) and recommend others attend the next one. We've got to preserve the natural setting, · We will have no rural area left ff we do not pl~-~ creatively. · Jarman Gap Road is to be redesigned to include a bike lane and sidewalks. Need to get assurances from the County that this will happen, · Developer, however, is under no obligation to folIow through with any design. · Developers will become educated as well. · The hope is that the development process becomes more collaborative between the community and developers. · What is the developer planning to do? Can we wait until after May 16 when more pex~ple attend the charrette? · Would like to see some houses at $200,000 range. · Want buffer on our edge. · What guarantees do we have that the road will be upgraded? · Is there any difficulty with sewer access? · Road is scheduled for 2002. We would have to go to the Board of Supervisors to make sure commitment is made. Cliff's General Responses and Questions. · We will draw up three conceptual site plans. · Final submittal is June 29th. · What characteristics do you want the project to have? · Mr. Bargerman has done spot borings to test soils. · Sewer runs along the baclc · Propose nature wails. Community Comments on Rough Schematic Site Plans by Cliff and Bob Kirchman. · Like a variety of houses. · Lots of foliage. · Critical piece is frontage on Jarman Gap Roa{[ There is currently a 50' buffer. Some proposals for this piece (or half of block) were: I3 co-housing, 2.) the lawn, 3.)duplexes, 4.) lots with long from setbacks and houses which face Jarman Gap Road. back alleys and a row of houses which front an internal street. 5.) ball field/park to connect with and be an asset to the other neighborhoods. · One other scheme proposed diagonally connecting the proposed park Coall field) on Jarman Gap to the stand of hardwoods which will be used a picnic area and trail head. · Regardless, Jarman Gap must be "user fi'iendly." Very concerned about sfety and what "face" is shown to Jarman Gap. · A pedestrian grid could connect to other neighbors and recreational space. · Grid pattern of streets will slow down traffic. · Put the open space (commons or "tot" lot) in the middle, with maybe a picnic shelter. Want to pull neighbors in, not jnst bring them to the border. · Don't need the ball park as there is ample fields elsewhere. · An urban profile is proffered (i.e. there will be sidewalks:) Question: will this be integral curb and gutter abutting a concrete walk? · Storm water detention is a critical issue. Want to create pervious surfaces to handle ir · Maybe do 100 lots on this site. · Allow opportunities to connect with Gray Rock site. (Gray Rock currently is approved for 70 townhouses.) · Success of the project is predicated on road improvements and kids going to Crozet Elementary. · Provide a variety of housing types; affordable attached housing and smaller sized units to maim~in a population mix (not just family oriented housing which poses costs to the school system.) · Concern about verticality. Do not think people will by three story houses. · Comments were made about St. George Street in Crozet. It is an attractive, desirable part of Crozet and it represents the vernacular Virginia rural town. · The rural town has been trashed by suburban development. · See "Monterey" and Corkie project. Designers used context to develop house prototypes. · Get some of the best of Crozet...get the vernacular of the area. Respect the contexL "Somewhere a xdsta tells me I'm in the Blue Ridge Mountains." · Have the landscape plan and architectural schemes work in concert. . · Try to have mature landscaping up front. Landscape features must be documented on the palus. · Use any common land to its best advantage (views, accessibility to residences, other neighborhoods and natural areas and trails.) 'r' kh ~ROICAg erR. G0~PUT. T~L:804 296 7209 April 17, 199g FL-~"~, ~-Ca~y did an e~ccllent~ob £n ke~g notes cn t~ m~i~. For m~ mo~ impo~t ~pe~s of ~e proj~ c~ be di~ded ~m ~o major categories. ~ ~o~ provi~ons ~t m~ be met ~h mg~d to the ~e~ of the d~elop~nt h~vc on the ~unixy ~acse ~c f~iy str~ttb~d ~d d~l wi~ i~a~re ~ ~ ~e raja ~e d~elopm~ ~lf play ~ its rcl~ionship m ~e count's c~mprehenaive plan. ~ f~ ~ ~a~~ i wo~d warn to make m t~t ~,,, & ~ ~t c~ to ~ ~ imp~ents to J~n Gap road occur in a ~ wm prev~ a d~afi~n of ¢~ flow. Nm ~ m~.t in~e ~..~,oF~em wfl~ r~[ have ~ ~e e~ ~ Croz~ Eiem~t~ School ~d ~m bo~ your pmj~ ~ ~e ~ay ~oi[ proje~ ~ be accommodat~ wi~out the need ~r radls~ng. ~ for ~e oo~mh~nsive pian there ~ be some ~r~ces ~ven on ~ p~ of~e B~d of Sup~sors ~ acc~ce ora ~elopment such ~ you pzo~ng, w~ch m~s ~e ~s of~e pi~ ~ll msuE in t~ ~abilization of the western ,_. As to the ~fics of~¢ pmje~ f believe t~t ~e single mo~ l~o~nt asp~ is how the d~gn will ~m~udo~ng 3~ Gap Ko~ back imo the publio sp~, Tog~h~~ ~ ~e ~ay ~ck pm~ ~h~ tot~ ~ost ~ur t~ths of ~ ~Ie ofro~ florae. ~s ~m~ms the longest ~nfi~ous pie~ of~om~ge along ~ Ro~ ~d&e ~ ~y~ ~j'ect ~oag ~ ~ay ~ck ~I1, in f~ct, s~ ~e for ~e ~[~e 5~ ~p n~ghboi~o~ It is b~use offs and t~ impo~ce ~at c~-b app~ h~ on ~e pot~i~ imp~ on hous~g ~Iues ~ the neighborhood that I a~ ~ mu~ be h~died well. Wi~ raged m hou~ng pfice~ I believe housin& ~ces ~ yo~ ~ shoed r~]~ ~ di~ of price rages, but must inolude ~ ~ir pe c~age oz houses m the ~me p~ce r~ge ~ those ~ upp~ ~e of prices ~t now ~i~ on g~m~ ~p ro~. O~ ~e o~ side o~the coin, ~, t~ou~ ~e use desi~ you ~d include so~ homes that would come under the c~te~ of~or~!e ~is would ~ be ~ asset ~d would ~so be in ~ping ~th the Croz~t ~om~nity P1~. Aga~ it is impomt ~at ~e~ homes bc pan ~d o~el of~e ova! desi~ be. implemented ~in ~e pa~em ~ fib~ of~ des~ther t~ s~ated off com~. The pmj~ ~ould ~clude side, ks as well a~rb ~nd ~Ker. Thi~ esp~i~iF imp~t when development is t~ ~ ~ f~ily ~mment ~nh Mg~si~ value. I ~ld like m s~ a n~a~tio~ ~e of ~ignment oft~ ~ ~ont~ close to ~e m~ ~d desi~s, w~ch include ~ont porche~ --~ ae~e~c p~ty of white pick~ ~aces. ~ow ~ g~ to the rear oft~ l~t. I like m s~ ~ ~e~pe ~t is ~ll l~s~ped. I ~ not believe you n~d s b-~] ~d wi~n ~e d~opment ~d ~d ra~er sec ~is 1~ ufil~ ~_th/n [ !~g~ cammom ~ ~ng ~ose who Eve in ~ ~ orodum mom of~ f~!ing of~g . ~. The ~mons ~ould be desired io s~e the ~fire develop~* ~'m p o~t wffi b~. It m h~ t~t ~ ~ct ~1 find ~cc~t~ca ff~ ,~ rectangles where homes without description would go. rn this case the only thing to react to is numbers and it is here t~t your project will make a difference. Lastly, this project is done correb-tly it will serve as the gold st~mdard ~r d~v¢lopmen'c no: only in Croz~t, but also fll~ entire county. We should do all we can to se~ ~we can bring the Frieds into the folcl, but if~ey should chose to ~or~tinue to take ~. course of not communicating with the community, then your project will set the bar at a point that they will have ~o meet. f look forward to worlcing with you, Cathy, Bob and Davo toward a successful emnclusion. Regards, Tom COUNTY OF ALBEMARI,E MEMORANDUM ATTACHMENT H TO: Elaine Echols FROM: Steven A. Allshouse DATE: November 5, 1998 RE: ZMA 98-018 (Waylands) I ran two scenarios for Waylands. The first scenario involved the by-right development of Waylands with 51 single family detached residences. I assumed a six year build out schedule, with 9 units constructed in years one, three, and five, and 8 units built in years two, four, and six. I also assumed that each unit would have a market value of $155,000. Below is the CRIM average cost model's projected net annual fiscal impact, after build out, from this development: Fiscal Impact (By-Right Dev.) Property Taxes Other Revenues Total Revenues School Expenditures County Govt. Expenditures Total Expenditures Net Annual Fiscal Impact $46,000 91,000 $137,000 ($ 54,000) (33,000) ($287,000) ($150,000) This scenario indicates that the by-right development of Waylands would result in a net cash ouflow from the County.' Keep in mind that residential developments of this sort generally do not pay for themselves and that there is nothing unusual about this particular residential project which forces the fiscal impacts to be negative. Pupil generation is the biggest factor causing residential development to have a negative fiscal impact. In the case ofWaylands, CRIM estimated that after full build out the by-right development would account for 25 students enrolled in the County'S schools. Of this figure, 12 would be elementary students, 6 would be middle school students, and 7 would be high school students. ZMA 98-018 November 5, 1998 Page Two In terms of the County's Capital Improvement Program (C[P), CRIM estimated that after full build out the by-right development of Waylands would have the net annual impact shown below. CIP Impact (By-Right Dev.) Schools CF Pay-As-You-Go Schools CF Debt Service Total Schools CIP Impact County CF Pay-As-You-Go County CF Debt Service Net Annual CIP Impact ($o) ($99,000) ($99,000) ($0) ($0) ($99,000) This negative $99,000 Net Annual CIP Impact figure accounts for a significant portion of the negative $150,000 net annual fiscal impact mentioned on page one. The $51,000 difference represents the annual operating deficit to the County of the by-right development of Waylands. The second scenario I ran involved the proposed development of Waylands. I assumed that 51 single family detached residences (SFD's) and 34 single family attached or townhouse residences (SFA/TH's) would be built over a six year period, with eight or nine SFD's and five or six SFA/TH's being completed in each year. CRI2M estimated the following annual net fiscal impact, after build out, for this project. Fiscal Impact (Proposed Project) Property Taxes Other Revenues Total Revenues School Expenditures County Govt. Expenditures Total Expenditures $72,000 135,000 207,000 ($352,000) (52,000) ($404,000) Net Annual Fiscal Impact ($197,000) ZMA 98-018 November 5, 1998 Page Three The proposed development of Waylands, as was the case with the by-right development, would result in a net cash outflow from the County. Once again, pupil generation is the biggest factor causing this development to have a negative fiscal impact. In the case ofWaylands, CRIM estimated that, after full build out, the proposed development would account for 34 students enrolled in the County's schools. Of this figure, 17 would be elementary students, 8 would be middle school students, and 9 would be high school students. In terms of the County's CIP, CRIM estimated that, after full build out, the proposed development of Waylands would have the net annual impact shown below. CIP Impact (Proposed Dev.) Schools CF paY'As-You-Go Schools CF Debt Service Total Schools CI? Impact County CF Pay-As-You-Go County CF Debt Service Net Annual CIP Impact ($0) ($134,000) ($t34,000) ($0) ($0) ($134,000) This negative $134,000 Net Annual CIP Impact figure accounts for a significant portion of the negative $197,000 net annual fiscal impact mentioned on page two. The $63,000 difference represents the annual operating deficit to the County of the proposed development of Waylands. A comparison of the by-right and proposed development of Waylands gives an idea of the differential impact of approving ZMA 98-018. Under the by-right development scenario, the net annual fiscal impact would be a negative $150,000 of which $99,000 would be related to CIP costs and $51,000 would be related to operating costs. Under the proposed development scenario, the net annual fiscal impact would be a negative $197,000 of which $134,000 would be related to CI? costs and $63,000 would be related to operating costs. According to CRIM's estimates, the approval of ZMA 98-018 would lead to a differential net annual' fiscal impact of negative $47~000 of which $35,000 would be related to CIP costs and $12,000 would be related to operating costs. Note that this negative differential fiscal impact does not necessarily mean that ZMA 98-018 should be denied. Residential development, as previously mentioned, generally does not pay for itself. Commercial projects, however, usually have a positive fiscal impact. If the County approves a sufficient amount of commercial development in any given year, the positive fiscal impact resulting ZMA 98-018 November 5, 1998 Page Four from the approval of commercial development might equal or even outweigh the negative fiscal impact resulting from the approval of residential development projects. From a fiscal impact standpoint, in other words, Albemarle should either examine the County-wide situation and make sure the total mix of development approvals is fight or, alternately, should begin to encourage mixed use development in each project under consideration for approval. Mr. Chairman and Members of the Board I am Paul St. Pierre representing Fried Companies, the developer of' GrayRock, which you recently rezoned. We have two concerns--fair and equal treatment and the possible impact of commercial activities on our homesites along the border with the Bargamin tract. You may recall that we were required to place a 50' buffer between the rear of our houses and our rear lot lines on the western side of our property. That buffer is required to be maintained in a natural state, and to be planted with trees. I understand that nothing in the zoning ordinance requires anything more than 20feet to our property line from the rear of any building on the Bargamin tract, even though multi-family and commercial development will be built on the Bargamin tract. From our reading of the proffers, the offices couM be mixed with the multi-family or built separately. The Board, of course, can require additional space as it did in our rezoning. The Bargamin application requests a reduction of 20°/6 of the required parking on the grounds that the professional office will be in operation between 8:00 a.m. and 5.00p. m. Although there appears to be sufficient street parking, we are concerned that office visitors and multi-family residents with more than one carper family not use access to GrayRock and park there. It is most likely that these professional offices will be doctors' offices, which generate large parking requirements. We note in passing that the staff summary to the Planning Commission states that the offices will be restricted to the hours 8:00 a.m. to 5:00p. m. Who is going to police this restriction? Assuming it is a proffer. You may recall this Board required GrayRock to convey property for the buffer in fee simple, because it felt a proffer of an easement would be too difficult to monitor. Residents of the single-family detached houses to the west of GrayRock- which are the same as GrayRock- declined any inter-parcel access. We agreed to inter-parcel access based on the then configuration of the Bargamin tract as being also single-family detached houses. We ask that you consider now the reactions of GrayRock homeowners when multi-family and commercial activities take place 20feet from them without any buffer or protection, and commercial traffic comes through their development. Thank you. http'.//www.tcvicw, ci.m. nstim tx.us/tnd/PAGF.3 -02.J. 3.2.1 Objective 1: Architectural Compatibility Guideline A: A building must incorporate architectural xtyles, building material~, and colors used in ~urroundJng buildings. Figure 3 2.1.A-a ' Preferred Guideline B: A' bu. ilding greater than one story shouM dearly delineate the bou ~rtd___ary between each floor of the structure through belt courses, cornice lines, or similar architectural detailing. It GUideline C: Attached buildings within the same block must maintain consistent cornice lines in bUildings of the same height Within multi:family, townhome, non'residential, Or mixed use structures. Fignro 3 2.1 C-,a P~~ Figu~ Guideline D: In Mixed Re~denaa~.~Cq~,..[OOflines must be pitched or gabled unless I U18/98 3:38 PM ective 2: Human Scale Design A: Doorways, windows, and other openings in the facade of a building shouM be proportioned to reft. eat pedestr~an scale and movement, and to encourage interest at the street level Fibmx'e 3.2.2.A-a .... _G...uide~b..u_~ld~g_$hall_.~..oid long, monotonous, uninterrupted walls or roof planes. The faqade ora building should be divided into distinct modules no longer than tOO feet. Figuro 3,2.2.B-b I L"18/98 3:42 PM ofl Objective 5: Bnildings that relate to and are oriented toward the street and buildings. Guideline A: The structure must be located at the required setback line. Figure 3.2. 5.A-a l~quiz~d N~t Permitted Fign~ 3.2,5.A.~ Gui~l~line B: The main entrance of a structure must face the street and be clearly articulated through the use of architectural detailing. 11/18/98 3:46 PM BOARD OF SUPERVISORS 'i ~ - i .5 - 9 '8 P 0 3: 0 t COUNTY OF ALBEMARLE Dept. of Planning & Community Developrnem 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 November 12, 1998 George Cummings Triton PCS 9211 Arboretum Parkway Suite 200 Richmond, VA 23236 SP-98-51 Triton PCS/Vepco/Allan Tax Map 60, Parcel 3 Dear Mr. Cummings: The Albemarle County Planning Commission, at its meeting on November 10, 1998, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: Attachment to the power line tower shall be in general accord with the plan titled "CV-1-303C Existing Power Pole Vepco-Allan" attached to this report and initialed WDF 10/28/98. All cables supporting the antenna and the antenna themselves shall be the same color as the existing power line tower. The permittee shall submit a report to the zoning administrator once per year, by not later than July 1 of that year. The report shall identify each user of the tower and shall identify each user that is a wireless telecommunications service provider. The antenna on the tower shall be disassembled and removed fi.om the site within n/neW (90) days of the date their use for wireless telecommunications purposes is discontinued. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on December 9~ 1998. 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. Page 2 November 12, 1998 Also, the Commission unanimously approved a waiver for drawing of a site plan in accord with the provisions of Section 32.2.2.subject to the following conditions: Approval of an erosion and sediment control plan prior to the issuance of a building permit if the area of disturbance exceeds 10,000 square feet; Provision of one parking space. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, William D. Fritz, AICP Senior Planner WDF/jcf Cc: Ella Carey Amelia McCulley Steve Allshouse Jack Kelsey Thomas & Elizabeth Allan STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: William D. Fritz, AICP November 10, 1998 December 9, 1998 SP 98-51 Triton Communications/Vepco (Barracks Road) Applicant's Proposal: The applicant is proposing to place additional antennas on the existing VEPCO tower located south of Ban'acks Road. The additional antennas will be for Triton Communications. The e~sting power line is nonconforming and requires approval of a special use permit in order for additional use to be made of the power line tower. The applicant has provided detailed information about the location and design of the proposed facility. The applicant's information is included as Attachment C. Petition: Proposal to construct a Personal Wireless Service Facility on an existing Vepco high voltage power line. This requires a special use permit in accord with the provisions of Section 10.2.2.(6). The proposal is to locate antenna approximately 4 feet above the height of the existing Vepco monopole located on the west side of Barracks Road approximately 0.26 miles east of Route 601, Old Garth Road in the Samuel Miller Magisterial District. The property consists of approximately 53 acres and is described as Tax Map 60, Pared 3, and is zoned gA, Rural Areas. This site is not located within a designated development area. Character of the Area: A high voltage and low voltage power line cross Barracks Road at this property. The two power lines run roughly east/west. The high voltage power line is supported by 116 foot tall monopole structures. The closest dwelling, not located on the parcel under review, is located approximately 1,000 feet distant. The area outside of the power line corridor is predominately wooded. 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. Planning and Zonine Histo-rv: None available. Comprehensive Plan: Staffnotes that in order to construct the proposed facility no cleating for access or the provision of electrical service will be required. Therefore, the only impacts reviewed for compliance with the Comprehensive Plan and the Zoning Ordinance is the location of the antenna on the existing power line tower and the location of the ground based equipment. This site is located in the Rural Areas of the Comprehensive Plan and the Entrance Corridor as identified in the Comprehensive Plan, Open Space Plan. Currently the Comprehensive Plan contains limited review '"% criteria for the siting of telecommunication towers. The Open Space Plan does provide some guidance for the protection of identified resources of the County. The resources identified in the plan and potentially affected by this application includes the Entrance Corridor. The Entrance Corridor O~erlay District is currently addressed by the ARB, Architectural Review Board. This tower is intended, primarily, to provide service to the Barracks Road corridor. Barracks Road in this area is designated as an Entrance Corridor. The visual impact of using the power line tower should be less than would occur to the corridor if a free standing tower the same height as the power line tower were constructed outside of the corridor. (The impact of using multiple "tree top" facilities to serve the same area as the power line facility cannot be determined at this time. Such a determination would require the applicant to submit various site specific proposals.) The ground based equipment will not be visible from Barracks Road due to the terrain. (The ground based equipment is located on the opposite side of a small hill from Barracks Road.) It is the opinion of staffthat the use of the existing power line tower for antenna attachment will have a limited impact on the Entrance Corridor and, therefore, this request is not contrary to the intent of the Comprehensive Plan. STAFF COMMENT: Staff offers the following discussion related to tower siting within utility corridors: Use of existing structures has generally been endorsed as a means to facilitate the provision of wireless service with minimal impact to the County. Attachment on existing structures has occurred "by-right" on some towers, buildings and water tanks. These attachments to existing conforming structures has not, in the opinion of staff, resulted in negative impacts. The proposed attachment to power line towers makes use of existing utility corridors. While existing power line corridors have negative visual impacts in most instances and these utility corridors have towers which are as tall as the tallest conventional free standing personal wireless service towers, the use of these towers for antennas allows for a large service area without significant additional negative visual impact. The attachment of antenna to these power line towers does not result in significant additional negative visual impact as the equipment installed by the personal wireless service provider appears similar/compatible with the nature of the existing power line and power line tower. With a large service area being provided by use of existing power line towers the total number of sites required by a personal wireless service provider can be reduced, therefore, potentially reducing the overall impact on the County. " Staff offers the following diagram to aid in the review of the this application. Staffwill address the issues of this request in three sections: Section 31.2.4.1 of the Zoning Ordinance. Section 704(a)(7)Co)(I)(II) of the Telecommunications Act of 1996. Waiver of a site plan in accord with the provisions of Section 32.2.2 of the Zoning Ordinance. Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue all special Use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adiacent property, Approval of this special use permit will permit the attachment of additional antenna to the existing power line tower. As previously noted, staff opinion is that the addition of panel type antenna will have limited visual impact. Additional antenna will result in a limited change in the appearance of the tower as the tower height will only be increased by approximately 4 feet and the panel antenna will tend to appear as part of the existing tower features (insulators, connectors and wires). No new entrance onto Barracks Road will be required and no additional clearing will be necessary. Staff opinion is that approval would not cause a substantial detriment to adjacent property. Additional information may be provided by the public during the public heatings on the issue of potential impacts. that the character of the district will not be changed thereby, Based on the limited change in the visibility of this tower and the utility corridor staff opinion is that this request complies with this provision of Section 31.2.4.1 of the Ordinance. and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed the purpose and intent of the Zoning Ordinance as stated in Sections 1.4} 1.5 and 1.6 with particular reference to Sections 1.4, 1.4.4, and 1.5. All of these provisions address, in one form or another, the provision of public services. The use of mobile telephones clearly provides a public service as evidenced by the expanded and rapid increase in use. (Triton Communications represents the 4th personal wireless service provider of phone service in the County.) Based on the provision of a public service, staff opinion is that this request is in harmony with the purpose and intent of these sections of the ordinance. Section 1.4.3 states as an intent of the Ordinance, "To facilitate the creatibn of a convenient, attractive and harmonious community". The provision of this facility does increase the availability and convenience for users of wireless phone technology. Staff in prior reviews for telecommunication facilities has noted that the visibility of the site may be inconsistent with the intent of providing an attractive community. As approval of this permit will result in limited change in the visibility from surrounding areas staff opinion is that this request does comply with this provision of Section 31.2.4.1 of the Ordinance. with the uses permitted by right in the district, The proposal will not restrict the current uses, other by right uses available on this site, or by right uses on any other property. with additional regulations provided in Section 5.0 of this ordinance, Section 5.1.12 of the ordinance contains regulations governing tower facilities and no conditions are necessary to ensure compliance with this provision of the ordinance as this is an existing facility. and with the public health, safety and general welfare. The provision of ina'eased communication facilities may be considered consistent with the public health, safety and general welfare by providing increased communication services in the event of emergencies and increasing overall general communication services. The 1996 Telecommunications Act addresses issues of environmental effects with the following language: No state or local government or insmunentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions. In order to operate this facility the applicant is required to meet the FCC guidelines for radio frequency emissions. This requirement will adequately protect the public health and safety. Section 704(a)(7)Co)(D(II) of the Telecommunications Act of 1996. The regulation of the placement, construction and modification of personal wireless facilities by any state or local government or instnmaentality thereof shall not prohibit or have the effect of prohibiting the provision of personal wireless services. Neither the Comprehensive Plan nor the Zoning Ordinance prohibits the provision of personal wireless service. Staff does not believe that the special use permit process nor the denial of this application has the effect of prohibiting the provision or personal wireless services. The applicant has not demonstrated that there are no other locations within the proposed area of service currently available for new facility construction. For this reason, staffdoes not believe that denial of this application would have the effect of prohibiting the provision of services. Waiver of a site plan in accord with the provisions of Section 32.2.2 of the Zoning Ordinance. The Commission may waive the drawing of a site plan if requiring a site plan would not forward the purpose of the ordinance or otherwise serve the public interest. Generally the site review committee has endorsed the use of site plan waivers for the establishment oftelecommtmicatio~ facilities. This general endorsement is based on the relatively small area impacted by the proposed use and the ability to obtain the required information through an erosion and sediment control plan and the building permits. In this case the construction of the facility will require activity only for the construction of the ground equipment, provision of a parking are (additional gravel) and adequate drainage. Based on the minimal activity necessary for installation staff is unable to identify any purpose, which would be served by requiring the submission of a site plan. Staff recommends approval of a full site plan waiver subject to the following conditions: Approval of an erosion and sediment control plan prior to the issuance of a building permit if the area of disturbance exceeds 10,000 square feet; Provision of one parking space. SUMMARY: 5 Staffhas identified the following factors which are favorable to this request: The tower will provide increased wireless capacity which may be considered consistent with the provisions of Sections 1.4, 1.4.4 and 1.5. Additional use of the power line tower will not restrict permitted uses on adjacent properties. This request generally complies with the provisions of Section 31.2.4.1 of the Zoning Ordinance. The addition of antenna will result in little change in the power line tower's visibility or the appearance of the utility corridor. Approval of this request allows for collocation on an existing structure and alleviates the need for the construction of new facilities elsewhere. Staff has not identified factors which are unfavorable to this request. The following factor is relevant to this consideration: 1. There is an existing reasonable use of the property. RECOMMENDED ACTION: Staff opinion is that the site will accommodate the proposed telecommunication facilities without creating adverse impacts. Therefore, staffis able to recommend approval of this request. Should the Board choose to approve this request, staff has provided conditions of approval, (In the event that the Board chooses to deny this application staff offers the following comment: In order to comply with the provisions of the Telecommunication Act, staff request consensus direction fi.om the Board regarding the basis for denial of the application and instruction to staff to return to the Board with a written decision for the Board's consideration and action.) Recommended Conditions of ApproVal: Attachment to the power line tower shall be in general accord with the plan titled "CV-1-303C Existing Power Pole Vepco-Allan" attached to this report and initialed WDF 10/28/98. All cables supporting the antenna and the antenna themselves shall be the same color as the existing power line tower. The permittee shall ~ubmit a report to the zoning administrator once per year, by not later than July 1 of that year. The report shall identify each user of the tower and shall identify each user that is a wireless telecommunications service provider. The antenna on the tower shall be disassembled and removed fi.om the site within ninety (90) days of the date their use for wireless telecommunications purposes is discontinued. Should the Planning Commission support a waiver of the requirements of a site plan the Planning Commission only must take the following action in order to authorize a site plan waiver. A waiver of the drawing of a site plan has been granted in accord with the provisions of Section 32.2:2. subject to the following conditions: 1. Approval of an erosion and sediment control plan prior to the issuance of a building permit if the 6 ~ area of disturbance cxc~x~ls 10,000 square f~t; Provision of one parking space. ATTACHMENTS: A - Location Map B - Tax Map C - Applicant's information MTN. c SP 98-51 Triton PCS/Vepco/Allan ...~!CRAR LO'I-rES :' ~!; ..... !iiiiVlLLE!ii! . 0 Hall Prot~tt ATTACHMENT A Monticello Let ATTACHMENT B ALBEMARLE COUNTY 44; SP 98-$1 pC$/Vepco/Allan 59 ? 57 76 SAMUEL MILLER, JACK JOUIs~-~[ AND GHARLOTTESVILE. E DISTRIGTS ..: ATTACHMENT C What is the Comprehensive Plan designation for this property? Recomm ended for Urban Use. How will the proposed special use affect adjacent property? The proposed use will have no adverse effect on the adjacent property. Because the height of the antennas measure only 60 inches, the height of the tower will be only raised a relatively small amount (the existing Virginia Power transmission tower will be raised fi.om 116. I' to 120', with the top of the panel antennas rising another 30 inches). This activity will not create any additional negative visual impact then that of the existing transmission tower. How will the proposed special use affect the character of the district surrounding the property? Because the property is already improved with the 116.1-foot transmission tower, the character of the district surrounding the property will not be adversely effected by the addition of the 60-inch antenna to the monopole. How is the use in harmony with the purpose and intent of the Zoning Ordinance? Although the property is zoned R-A, the Virginia power improvement changed the use of the land from dense residential to utilitarian in order to accommodate the public demand for a greater capacity of electricity. The appurtenance of the antenna allows the applicant to meet the demands of the residents of Albemarle County for additional coverage, capacity and quality of service for wireless phone use. By utilizing the existing Virginia Power Structure, the applicant will be able to accommodate this demand without disrupting raw land or the county's cherished natural resources. How is the use in harmony with the uses permitted by right in the district? The use is not in conflict of other uses permitted by right in the district. The small equipment cabinet will be unmanned. No vehicle traffic or noise will be generated by this use. Because the use requires little clearing of natural vegetation, it is conducive to the promotion of natural landscaping, prevention of erosion and will not disrupt the value and utility of the adjacent properties in the district. What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? Section 5.1.12 outlines public utility structures and uses. Subsection (a) requires that "the location will not impair the health and safety of workers and/or residents in the community and will not impair or prove detrimental to neighboring properties or the development of same." This site will have no ongoing workers. In addition studies have found that such structures do not effect the property values in the areas. In this case, there will be relatively no additional impact in the perception of this property, because the antenna is an appurtenance to an existing transmission monopole. As required by subsection (c), the applicant will remove or repair our addition to the tower if it falls into a state of disrepair or threatens the safety of the general public. ATTACHMENT C PAGE 2 How will this use promote the public health, safety, and general welfare of the community? With respect to the ability of the applicant to provide service to the community, this use will allow the applicant to improve the quality, capacity and coverage of wireless phone services in the county. This will tend to improve the ability of citizens of the county to conduct business more readily and have use of the applicant's services for recreational purposes. In addition the applicant's services can be used in emergency situations and can be used when the traditional phone services are out of service. Describe your request in detail and include all pertinent information such s the numbers of persons involved in the use, operating hours and any unique features of the use: The need to place the antenna on the Virginia. Power Pole is twofold: First, the facility will provide digital cellular service for the applicants PCS system. This use will allow the applicant to improve the quality, capacity and coverage of wireless phone services in this area of the county. Second, this use will allow the applicant to attach its antenna to an existing utility structure, eliminating the need for the construction of a new tower in this area of the county, thus preserving the county's natural resources and preventing the duplication of towers on the county's landscape The applicant proposes to add 30-inch panel antennas to the top of the existing Virginia Power Transmission Pole. The additional appurtenance will raise the height of the structure to 120 feet, with the antenna extending the height another 30 inches. TRITON PCS, INC. PROPOSED UNMANNED WIRELESS. COMMUNICATION SITE CV-1-303C DIRECTIONS TO SITE: POWHITE PARKWAY NOR[H TO 1-64 WEST, TO CHARLOIfESV!LLE, APPROX, 75 NILES, [x!l ~B~ US 29 NORTH~ EXII BARRACKS ROAOWEST, APPROX. 2.5 MILES VEPCO PDWFR ~INE ON LEFT SIDE FROM INGLREIDDE FARM. VICINITY MAP ~'~~'' EXISTING POWER VEPCO-ALLAN POLE RT 654 BARRACKS ROAD CHARLOTTESVILLE, VIRGINA 22901 EXISTING BUILDING [~RAW LAND EXiST!ND ANTENNA TOWER [~]EXtSTiNG WATER TOWER LOCATION PLAN GUT. NO. DESCRIPTION TI IiTLE SHEET Ci SiTE SURVEX Z1 ELEVATION AND SITE PLAN A~i!CAD[ CODES ~ THE LiFE SAPFTy CDSE ~988 QR L£TEST, * IHE NATIONAL ELECTRICAL SAFETY CODE IANSi C-7, OR LATEST) INDEX T,l.V. PARTICIPANTS: T.T.V. REP RF ENGINEER SITE AOUISTION & E REP KEVIN PETflUNYEK WFI/£NTEL SANDEEP MANGAT WFI/ENTEL MINE MARR WFI/ENTEL NIAZ M]AN CTI! JTBITON APPROVAL 1998 ATTACHMENT C DATE SIGNATURE JLUCENT) DATE DATE SIGNATURE ITRITON PCS. I DATE IOWNER$ APPROVAL EXHIBIT "B" J SIGNATURE IOWNER'S AGENI) ! DATE PAGE 3 )lXlllXlLm TRITON PCS, INC. g211 ARBORETUM PKWY SUITE 200 RICHMOND, VA 232.$6 (804) .$23-9500 (PH) (804) .$23-1.560 (FAX) TRITON PCS, INC. 9211 ARBORETUM PKWY SUITE 2OO RICHMOND, VA 23236 (804) 525-9500 (PH) (804) 323 1.560 (FAX) CELLULAR TECHNOLOGY, INC. SPRINGFIELD, VA 22152 VOICE: 705 451 4~O FAX: 705-451 2069 15 CYPRESS STRFET N E W T ON..AMA:QD,2459:. ;..;,. ~ , t).,.'." ; . RT 654 BARRACKS ROAD CHARLOTTESVILLE VIRGINA 22901 DRAWING TITLE TITLE SHEET DRAWING NUMBER APPROV!AL n'\dnn\tritnn\qR(1GO3Z.don SeD OD, lg§B 07: 59:16 orinthaf ATTACHMENT C VICINITY MAP sc,~: .~s I LGENERAL NOTES 1, FIELD SURVEY DATE: AUGUST 10, 1998 2. VERTICAL DATUM: NATIONAL GEODETIC VERTICAL DATUM OF 1929. 3. HORIZONTAL DATUM:NORTH AMERICAN DATUM OF 198,3 (NAD83). 4, CENTER OF EXISTING TOV~R: LATITHDE: N38'04'16.2" LONGITUDE: W78'51'37.1" (:;ROUND EL.= 574.7':1: TOP EL.= 690.8':t 5. OWNER: TOMAS. Ti OR EMZABETH A. ALLAN COLTHURST MEAOOW CHARLOTTESVILLE. VA 22901 6. SITE NAME; VEPCO ALLAN 7. SITE NUMBER: CV-1-3050 8. BITE ADDRESS: BARRACKS ROAD (RT. 654) CHARLOTTES\qLLE, VA 22901 9. APPUCANT: TRITON PCS, INC. 9211 ARBORETUM PARKWAY SUITE 200 RICHMOND, VA 252.36 I0. JURISDICTION: ALBEMARLE COUNTY 11. ZONING DISTRICT: R-A 12. TAX ID: 06000-00-00-00500 15. DEED REFERENCE: BOOK 1550 PAGE 167 14. PLAN REFERENCE: BOOK 1550 PAGE 70 15. ELEVA~ONS AND COORDINATES FROM GPS LOCA~ONS 16. ALL UNDERGROUND UTILITY INFORMATION PRESENTED HEREON WAS DETERMINED FROM SURFACE EVIDENCE AND PLANS OF RECORD. ALL UNDERGROUND UTILITIES SHOULD BE LOCATED IN THE FIELD PRIOR TO COMMENCEMENT OF ALL SITE WORK. CALl. DIGSAFE 1(800) 522 484.4 A MINIMUM OF 72 HOURS PRIOR PLANNED ACTIVITY'. NO SUBSURFACE INVESTIGATION BY ATLANTIS GROUP, INC. 17. ACCORDING TO FEDERAL EMERGENCY MANAGEMENT AGENCY MAPS, THE MAJOR IMPROVEMENTS IN THIS PROPERTY ARE LOCATED IN AN AREA DESIGNATED AS ZONE C AREAS OF MINIMAL FLOODING. COMMUNITY PANEL NO. 510055 0059 B EFFECTIVE DATE: MARCH 16. 198;3 ALBEMARLE COUNTY, VIRGINIA NO WE'ILANDS AREAS HAVE BEEN DELINEATED. 18. PROPERTY UNE INFORMATION IS COMPILED FROM DEEDS AND PLANS OF RECORD AND IS NOT THE RESULT OF A FULL BOUNDARY SURVEY. PROPERLY IS SUBJECT TO ALL EASEMENTS AND RE$~ICTIONS OF RECORD. THIS SURVEY WAS PREPARED W1THOUT THE BENEFIT OF TITLE REPORT. 19. BEARING SYSTEM OF THIS PLAN IS BASED ON GRID NORTIt CONVERSION TO TRUE NORTH IS 00'00'59" COUNTER CLOCKWISE. FAA CERTIFICATION I HEREBY CERTIFY THAT THE LATITUDE, LONGFRJDE AND ELEVATIONS PRESENTED HEREON MEET '[~E REQUIREMENTS OF 'FHE FAA VtlTH THE FOLLOWING ACCURACY'S: / ~ DATE: 08/18/98 LEGEND ......................... 1' CONTOUR INTERVAL 5' CONTOUR INTERVAL -- PROPERTY LINE ---c,,'~ ........... om: ...... EXISTING OVERHEAD W1RES EXISTING CHAINLINK FENCE i~ EXISTING UTILITY POLE ~ CONTROL POINT ('IBM) o IRON PIPE (FOUND) / 2 ~DETAIL PLAN -- I SCALE: 1 = 50 o ~ 5o ~oo ~o % % 9'06' ER lC E No. * ~ 01_..1~ SITE PLAN SCALE 1" -- 140' SCALE: 1" = 14.0' 0 70 140 280 420 M.M~OJEOT8%.J(~tB\98550TIt~WG\OBGGOTLDWG 8-24-98 '~,62,40 pm EDT PAGE 4 PCS, Inc. 921 ! ARBORETUM PARKWAY SUITE 200 RICHMOND, VA 23236 OFFICE: (804) 232-9500 FAX: (804) 323-1560 Cl~l CELLULAR TECHNOLOGY, INC. Complete Design Services for Wireless Communlcotlons 15 CYPRESS S'IREET NEWTON CENTER, MA 02159 6212 OLD KEENE MILL COURT SPRINGFIELD, VA 22152 .~.o. I MA 617 558-1831 98550TII vA 703-451-4860 CT1 PROJECT NUMBER: g855CTI DRAWN BY: A.B, IAPPROVEDBY: P.C. /~ 08/19/98 t"_O=l DATE I ISSUED FOR REVIEW REVISION VEPCO ALLAN CV-1-303C BARRACKS ROAD (RT, 654) CHARLOTTESVILLE, VA 22901 ATLANTIS GROUP, INC. 810 BOULDER S~R~NGS DRI~ t C5 RICHMOND, VA 23225 SHEET TITLE LAND SURVEY SHEET NUMBER .) ' ATTACHMENT C ,s~ PAGE 5 ~CNGFUSE: ,','7~~ Z: 37.i"__ ~O~'.N~L,~'~. [ WOODS TOP DF NE~ ~pR~OSED~ TRITONPCS,INC. *EL, 694.7' ' ~--- ~IRITDN ANTENNAS New m.~' ~X~NS~O. ~ O~ Exmn,~ SUIT~ ~00 / / / :' ,/ j I ~ (804) 525-9500 (PH) '~~/, / , ,[ (804) 323-1560 (FAX) ~SE~OSEE E~A.~O ~A~A.. ,i ~ 9211 ARBORETUM PKWY I SUITE 200 ~ ~ RICHBOND, VA 23236 I (804) 323-9500 (PH)  ~ S.EO~ i (804) 323-1560 (FAX) KEY PLAN ~,' ~' ~--~ USE GRAPH]6 SCALE ~65' ~ 6~FH lC SCALE 0 60 120 CELLUL~ TECHNOLOGY. ~NC. ~~ /x- ' ~ 6212 GLO KEENE MILt. COURI ~' '~[Ct 'E ~ ~ ~ VOICE: 703-~51-~880 ~~~~~~ _ ~ , ~ FAX: 703-451-2059 / ~ / / ~ /~ .~~~ ~ ~ 15 CYPRESS S~REE7 ~ VOICE: 617-~.58 851 / / /"~"~' 4-~ .... - ................... ~ ~ ~~xis,,.o~ ~ .:}t~~ , -.,-,-. .,' , ' CHARLOTTESVILLE ; VIRGINA 22901 __/_ ............ ,' ~ / / / ,/ ~~"°"°s~"~..o. ~o.,~., ........................... ...... ---- ....... - .......... ,---- ~ ..... ---~-~ , , , _/_~ ~i ..~.:~~"'"~ ' - ........ POLE / / ~ ~ ~CENTER OF TOWER~~ - NO.: '~ ~ T7u7; " ~ ~ ',~~ DRAWING TmiLE . ,x,,.,< ,..c, .o. MONOPOLE ELEVATION ' / : SCALE=m/~ = 1'-0" ~- SITE PLAN AND ~ ( ELEVATIQN ~ , ENLARGED PLAN .~. ~. o.~,.~ .u~ SCALE:b~ = 1'-O" o'\dnn\triton\gBo603z don SeD OS, 1998 08:01 11 orinthaf 12' -0' ~1 II Il;il II ~ I.I I~( ~PLATFORM ~VEPCO POLE ELEVATIO~ OF TR ITO~ A~TE~AS SCALE:b~ : 1'-0" ANTENNA SUPPORTS {TYPICAL) SUPPORT RAIL GRATE 12'-0" PLAN VIEW {NOT ALIONED TO TRUE NORTH) SCALE:b4" = 1',,-0# TOWER BASE ANTENNAS CONCREIE TOP OF RBS CABINET HVAC UNITS PANEL RBS ISOMETRIC VIEW SITE WORK GENERAL NOTES: 1. RUBBISH. STUWS, DEBRIS, STICKS, STONES AND OTHER REFUSE SHALL BE REMOVED FROt, I THE SITE AND OI~OSED OF LEGALLY. 2. THE SITE SHALL BE GRAOED TO CAUSE SURFACE lATER TO FLOI AIAY FROM THE PCS EOUIPMENT AND TOILER AREA. ,).ND FILL UR EMBANKMENT MATERIAL SHALL BE PLACED ON FROZEN GROUND. FROZEN MATERIALS, SHOT OR ICE SHALL NOT BE PLACED IN ANY FILL OR EMBANKMENT. 4, THE SUBGRADE SHALL 8E COMPACTED AND BROUGHT TO A SMOOTH UNIFONM GRADE PRIOR TO FINISHED SURFACE APPLICATION. 5. ALL EXISTING ACT)VE SEBER. lATER. GAS. ELECTRIC, AND OTHER UTILITIES WHERE ENCOUNTEREO IN THE WORK, SHALL BE PBOTECTEO AT ALL TINES. AND WHERE REQUIREO FOR THE PROPER EXECUTION OF THE luRK, SHALL BE RELOCATEO AS OIRECTEO BY THE ENGINEERS. EXTREME CAUT ON SHOULO BE USEO 8Y THE CONTRACTOR WHEN EXCAVATING OR PIER DRILLING AROUND OR NEAR UTILITIES, CONTRACTOR SHALL PROVIOE SAFETY TRAINING FOR THE )IORKING GREI, 6 THE CONTRACTOR SHALL MAKE NECESSARY PROVISIONS TO PROTECT EXISTING ]I,eROVEMENTS, EASEMENTS. PAV NC. CURB NC, ETC. DURING CONSTRUCTION. UPON CO~LETION OF WORK. THE CONTRACTOR SHALL REPAIR ANY OANAGE THAT MAY RAVE OCCURRED DUE TO CONSTRUCTION ON OR ABOUT THE PROPERTY. C(3NC~ETE PAD '~ 20'~' 28'4' 20'~' HVAC UNITS -- /I / / / / / / ( \ NOT TO SCALE NOT TO SCALE ELECTRICAL PANELj EOUIPMENT LAYOUT PLAN ATTACHMENT C -- PAGE 6 TRITON PCS, INC. 9211 ARBORETUM PKWY SUITE 200 RICHMOND, VA 23236 (804) 323-9500 (PH) (804) 323-1560 (FAX) TRITON PCS, INC. 9211 ARBORETUM PKWY SUITE 200 RICHMOND, VA 232J6 (804) 323-9500 (PHI (804) 323-1560 (FAX) CELLULAR TECHNOLOGY, lNG. Complete Design Services for Wir eiess Commun;cot;ons 6212 OLD KEENE MiLL COURT SPRINGFIELD, VA 22152 VOICE: 703-451 4880 FAX: 70.3-451 2069 DRAWING TITLE DETAILS )RAWINO NUMBER 72 'The co,.-,-=~e,..._~ ~ that th=..,_ Board t~=s ad,~.pt=~ Tecent r:~ring.~ a consultant: that may, ~,~ha,-q~, . _- .a ceiuiar applicant wp to $5000.00 to revie~,~ their ~nr~li~.~.i~Eq~i~ compi icate:~ a~ '~,~ e:,~?:e'ns~'?~'e' ~-.~.~-= .... ~p~l icants are ~c~ ~;~:~ ~ .... dev~mlopi-ng >,ou should ~ trying to make the ~'cocess as. DiCk ][O~TatiO':qS for as many toi.~e'rs as could ever pc~s-sibly bE, headed Then the n-.,. +., ,i:--~ - ~.u~n.~,'¥ i ,~a,~f or in .e joint au~:h, ority ~.,~ith the Cit¥ ..... n' ] =,,:uu d build and o~.,~n all the to~,~ers.. Space or the ~ ...... ""~ ......... su, as man,:,, ce~ ular companies as ~4~.Eh :compar~y' is competi'ng fc.'c toi~:e~ loc,atio~qs. No ~L?S i r':~SS ....... .... ~'..~= , ...... celu!a,~ corr~panies and O~= i,.~.'V. i hooe you ~,.)ill co'nsider this proposal 'seriously as believe it is th~ best solution to .... ~::e_ DY-ob ...... BOARD OF ........ . .. ~-iJ:gSPU3:di R~u¥t.)" ' November 12, 1998 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 George Cummings Triton PCS 9211 Arboretum Parkway Suite 200 Richmond, VA 23236 RE: SP-98-52 Triton PCS/Vepco/State Farm, Tax Map 78, Parcel 20F Dear Mr. Cummings: The Albemarle County Planning Commission, at its meeting on November 10, 1998, by a vote of 4-3, recommended denial of the above-noted petition 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 December 9, 1998. 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. In the event that the Board of Supervisors approves this request, the Commission approved the request for a waiver of a site plan with the following conditions: Approval of an erosion and sediment control plan prior to the issuance of a building permit if the area of disturbance exceeds 10,000 square feet; and, Provision of one parking space. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me: Eric Morris~-tte EM/jcf Cc: Jack Kelsey Amelia McCulley Steve Allshouse State Frm Mutual Automobile Insurance Co STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Eric L. Morrisette November 10, 1998 December 9, 1998 SP 98-52 Triton Communications/Vepco (State Farm) Applicant's Proposal: The applicant is proposing to construct a telecommunications pole within the existing VEPCO power line tower, located south of the State Farm Regional Headquarters site. The additional pole will be for Triton Communications. The existing power line is nonconforming and requires approval of a special use permit in order for additional use to be made of the power line tower. The'applicant has provided detailed information about the location and design of the proposed facility. The applicant's information is included as Attachment C. Petition: The applicant petitions the Board of Supervisors to allow for the construction of a Personal Wireless Service Facility within the existing Vepco high voltage power line. This requires a special use permit in accord with the provisions of Section 23.2.2(3). The proposal is to locate antenna approximately eighteen [ 18] feet above the height of the existing Vepco lattice tower, by constructing a monopole tower in the middle. The tower site is located at the southern side of the State Farm Regional Headquarters building at Pantops, within the Rivanna Magisterial District (Attachment B). The property consists of approximately 30 acres and is described as Tax Map 78, Parcel 20F, and is ZOned CO, Commercial Office. This site is recommended for Office/Regional Service in Urban Neighborhood 3 (Attachment A). Character of the Area: The 30-acre site is occupied by the State Farm building, with associated parking, and a high voltage power line that crosses the southern side of the parcel. The power line runs roughly east/west. The high voltage power line is supported by 11 O-foot tall lattice structures. The base level for the existing and proposed poles is approximately 50 feet below grade of the State Farm Building footprint. The closest dwelling, not located on the parcel under review, is located approximately 1,200 feet distant. The nearest communications facility, owned by EURE Communications, is a radio tower located approximately 5,500 feet to the Northeast, on the Southwest Mountains. This tower is currently being used to the limit of its capacity. The site is also approximately 800 feet north of the Rivanna River and is located within the Monticello viewshed. Plannin~ and Zoning History: Numerous reviews have occurred to result in the current development of the property. None of which have had any applicable impact on the existing power line. The establishment of the power line predates the adoption of the 1980 Zoning Ordinance. Comprehensive Plan: Staff notes that in order to construct the proposed facility no clearing for access and provision of electrical service will be required. Therefore, the only impacts reviewed for compliance with the Comprehensive Plan and the Zoning Ordinance is the location of the antenna above the existing power line tower and the location of the ground based equipment. This site is recommended for Office/Regional Service in Urban Neighborhood 3 as identified in the Comprehensive Plan. Currently the Comprehensive Plan contains limited review criteria for the siting of telecommunication towers. The Open Space Plan does not directly identify any resources associated with the tower site. This tower is intended, primarily, to provide service to the Interstate 64 corridor and the developing area along South Pantops Drive. Interstate 64 is designated as an Entrance Corridor. This site is not located within that Entrance Corridor Overlay District. While the tower will be slightly visible from the Entrance Corridor it will not require ARB approval prior to construction. Without additional information staff is unable to determine if the impacts created by an alternative site would have a greater or lesser impact on the Corridor. The Open Space Plan does states that the short term strategy is to preserve or establish trees as development occurs in "Wooded areas visible from Monticello, especially in Neighborhoods Three and four, which protect Monticello's setting and viewshed". The tower site is located immediately adjacent to an "Important Wooded Area" as designated in the Open Space Plan. The establishment of the new telecommunications site, with associated access, does not necessitate removal of any trees from this wooded area. Although the proposed tower site is located within the Monticello viewshed, staffhas determined that the visual impact is minimal, as further discussed in this report. Staff has imposed conditions to minimize the impact to the Monticello viewshed, which are also discussed further in this report. Staff opinion is that the use of the existing power line tower for antenna location will not have any significant additional impact on the Entrance Corridor and the Monticello viewshed, therefore, is not contrary to the goals and objectives of the Comprehensive Plan. 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 three sections: 2. 3. 4. Staff comments regarding the "Tower Within a Tower" concept; Section 31.2.4.1 of the Zoning Ordinance; Section 704(a)(7)(b)(I)(II) of the Telecommunications Act of 1996; and, Waiver of a site plan in accord with the provisions of Section 32.2.2 of the Zoning Ordinance. Staff comments regarding the "Tower within a Tower" Concept. Staff review is based on the applicant's proposal to locate a tower within a tower. Staff offers the 2 following diagram to aid in the review of the "Tower Within a Tower" Concept. /"T"~ EL~VA TI ON The Use of existing structures has generally been endorsed as a means to facilitate the provision of wireless service with minimal impact to the County. Attachment on existing structures has occurred "by- right" on some towers, buildings and water tanks. These attachments to existing conforming structures have not, in the opinion of staff, resulted in negative impacts. The proposed attachment to power line towers, and the establishment of new towers within the power line towers, makes use of existing utility corridors. While staff views existing power line corridors as having negative visual impacts in many instances, the placement of a tower within these power line poles does not result in significant additional negative impact as utilization of the area within existing tall towers maximiZes the potential service area. The equipment installed by the personal wireless service provider appears similar/compatible with the nature of the existing power line and power line tower. With a large service area being provided by use of existing power line towers, the total number of sites required by a personal wireless service provider can be reduced and, therefore, potentially reduce the overall impact on the County. Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, Approval of this special use permit will permit the construction ofa monopole tower totaling 128 feet in height, to be constructed within the existing 110 foot high power line tower. The applicant is requesting the additional 18 feet in height to breach the tall tree canopy adjacent to this site. The applicant's RF Engineer will provide the increased tower height justification at the public meeting. Staff opinion is that the additional pole, with nine (9) associated panel antennas, will result in a limited change in the appearance of the tower, because the total tower height will only be increased by approximately 18 feet and the panel antennas will tend to appear as part of the existing tower features (insulators, connectors and wires). Since the existing lattice power pole is rust in appearance, staff has included a condition to ensure that the new monopole is painted a matching rust color (Condition 1). The matching rust color will aid in camouflaging the appearance, thus providing the illusion of one single tower structure instead of two. No new entrance onto South Pantops Drive will be required and no additional clearing will be necessary. The supporting utilities structure [3 'W x 5'L x 7'HI, will be placed internally within the existing lattice power pole. Both the supporting utilities and access road will be screened from Monticello by the adjacent wooded area and screened from the State Farm site by the fifty [50] drop in grade. Therefore, staff opinion is that approval would not cause a substantial detriment to adjacent property. Additional information may be provided by the public during the public hearings on the issue of potential impacts. that the character of the district will not be changed thereby, Based on the limited change in the visibility of this tower and the utility corridor staff opinion is that this request complies with this provision of Section 31.2.4.1 of the Ordinance. and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed the purpose and intent of the Zoning Ordinance as stated in Sections 1.4, 1.5 and 1.6 with particular reference to Sections 1.4, 1.4.4, and 1.5. All of these provisions address, in one form or another, the provision of public services. The use of mobile telephones clearly provides a public service as evidenced by the expanded and rapid increase in use. (Triton Communications represents the fourth personal wireless service provider of phone service in the County.) Based on the provision of a public service, staff opinion is that this request is in harmony with the purpose and intent of these sections of the ordinance. Section 1.4.3 states as an intent of the Ordinance, "To facilitate the creation ora convenient, attractive and harmonious community". The provision of this facility does increase the availability and convenience for users of wireless phone technology. Staff in prior reviews for telecommunication facilities has noted that the visibility of the site may be inconsistent with the intent of providing an attractive community. As approval of th is permit will result in limited change in the visibility from surrounding areas staff opinion is that this request does comply with this provision of Section 31.2.4.1 of the Ordinance. with the uses permitted by right in the district, The proposal will not restrict the current uses, other by right uses available on this site, or by right uses on any other property. with additional regulations provided in Section 5. 0 of this ordinance, Section 5.1.12 of the ordinance contains regulations governing tower facilities and no conditions are necessary to ensure compliance with this provision of the ordinance, as this is an existing facility. and with the public health, safety and general welfare. The provision of increased communication facilities may be considered consistent with the public health, safety and general welfare by providing increased communication services in the event of emergencies and increasing overall general communication services. The 1996 Telecommunications Act addresses issues of environmental effects with the following language: No state or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions. In order to operate this facility the applicant is required to meet the FCC guidelines for radio frequency emissions. This requirement will adequately protect the public health and safety. Section 704(a)(7)(b)(I)(II) of the Telecommunications Act of 1996. The regulation of the placement, construction and modification of personal wireless facilities by any state or local government or instrumentality thereof shall not prohibit or have the effect of prohibiting the provision of personal wireless services. Neither the Comprehensive Plan nor the Zoning Ordinance prohibits the provision of personal wireless service. Staff does not believe that the special use permit process nor the denial of this application has the effect of prohibiting the provision or personal wireless services. The applicant has not demonstrated that there are no other locations within the proposed area of service currently available for new facility construction. For this reason, staff does not believe that denial of this application would have the effect of prohibiting the provision of services. Waiver of a site plan in accord with the provisions of Section 32.2.2 of the Zoning Ordinance. The Commission may waive the drawing of a site plan if requiring a site plan would not forward the purpose of the ordinance or otherwise serve the public interest. Generally the site review committee has endorsed the use of site plan waivers for the establishment of telecommunication facilities. This general endorsement is based on the relatively small area impacted by the proposed use and the ability to obtain the required information through an Erosion and Sediment Control Plan and the building permits. In this case the construction of the facility will require activity only for the construction of the ground equipment, provision of a parking area (additional gravel) and adequate drainage. Based on the minimal activity necessary for the installation staff is unable to identify any purpose, which would be served by requiring the submission of a site plan. Staff recommends approval of a full site plan waiver subject to the conditions listed under the recommended action. SUMMARY: ~ Staff has identified the following factors which are favorable to this request: The tower will provide increased wireless capacity, which may be considered consistent with the provisions of Sections 1.4, 1.4.4 and 1.5 of the Zoning Ordinance; Additional use of the power line tower will not restrict permitted uses on adjacent properties; This request generally complies with the provisions of Section 31.2.4.1 of the Zoning Ordinance; The additional monopole, with associated antenna, will result in little change in the power line tower's visibility or the appearance of the utility corridor; and, Approval of this request allows for collocation on a structure and alleviates the need for the construction of new facilities elsewhere. Staff has not identified factors which are unfavorable to this request. The following factor is relevant to this consideration: 1. There is an existing reasonable use of the property. RECOMMENDED ACTION: Staff opinion is that the site will accommodate the proposed telecommunication facilities without creating adverse impacts. Therefore, staff is able to recommend approval of this request. Should the Board choose to approve this request, staff has provided conditions of approval. (In the event that the Board chooses to deny this application staff offers the following comment: In order to comply with the provisions of the Telecommunication Act, staff request consensus direction from the Board regarding the basis for denial of the application and instruction to staff to return to the Board with a'written decision for the Board's consideration and action.) RECOMMENDED CONDITIONS OF APROVAL: o The monopole shall be painted rust in color to reSemble the existing lattice power pole; The tower shall be limited to the total of nine (9) Panel antenna at a maximum height of 128 feet above ground level; ConstruCtion of the telecommunications tower within the existing power line tower shall be in general accord with the plan titled "CV-1-314A Vepco- Lattice Tower - FWT Power Mount" attached to this report and initialed ELM 10/28/98; The permittee shall submit a report to the zoning administrator once per year, by not later than July 1 of that year. The report shall identify each user of the tower and shall identify each user that is a wireless telecommunications service provider; and, The antenna on the tower shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless telecommunications purposes is discontinued. Should the Planning Commission support a waiver of the requirements of a site plan the Planning Commission only must take the following action in order to authorize a site plan waiver. A waiver of the drawing ora site plan has been granted in accord with the provisions of Section 32.2.2. subject to the following conditions: Approval of an erosion and sediment control plan prior to the issuance of a building permit if the area of disturbance exceeds 10,000 square feet; and, Provision of one parking space. ATTACHMENTS: A - Tax Map B - Location Map C - Applicant's Information 77 6/' '\ ALBEMARLE COUNTY ':~:/ ..... .....:.-,/' ~., [ATTACH M E NT Al t ? St) 98-52 Tdton Pcs/Vepco/State Fa~m 49 MONTICELLO 22 SeC .SECTION BUCK MTN, C CHARLOTTES : iiVlLLE ........ ::::::::::::::::::::::::: .... Hall IATTACHMENT B1 o SP 98-52 Triton PC$/Vepco/State Farm Yt~L~'-I--AO 00d3A ~V3 3iViS I j~Jol-l~l-l-J-i-J-t-I-~l I ATTACHHEN'J' C J / / I Ii' [ IATTACHMENT C I II I~ ![ :,,. '~~ County of Albemarle-:. i Department of Bufldmg Code and Zonmg Services Application for SPecial Use Permit. *Zoning District CO *Zoning Ordinance Section number requested (*staff will assis£ you with these items) Number ofacres to becovered by Speclal Use Permit~,,po~,,m~,--~-pao ..-~(~. '7. t~q Is this an amendment to an existing Special Use Permit? Are you submitting a site development plan with this application? ~l Yes~ No '~l Yest~l No ' Contact Person (Whom should we call/write conceming this project?): _~gL'~.~o~,A. C tt~I'~ ~*~ Address ~ C~ty . Daytime Phone (_:goq ) %2'~'_ q. _~0. 2qZ Fax # ~20-08 q q E-mail Owner of land (ns nst~d ia ~ Cou.ty's r~cords): 5~_ ~e_..~t'y'~ ~.~l Address I~.r Pie,,. ci, Daytime Phone (~_) ~2.~- _'~ Fax # ~5"/' 6~..t~ -O~E-mail / State~._, Zip~/?O [ / Applicant (Who is the contact person representing? Who is requesting the special USe?): DaytimePhone(~'0q)~'23-~iSOO Pax# ~Otl- '322~-156EO_mail State ~/'~ Zip~2.~..~,-~ Tax map and parcel 07 ~OO-OO-OO" ~O'~' O Physical Address (ifassi§ned) I$OO ._~ldlcl:'.,.,.. Ol,,,l_ ,c~,... ~o-ll,.~,,;Ik: vA ~.2 9t l Location of property (iaadmarks, inters~ctious, orother) ~m~' O~ S'~a~c~ .~,nn _t~eJ~%/-~t 4,.,'---- · Does the owner of this property own (or have any ownership interest in) any abutting property? If yes, please list those tax map and parcel numbers Fee amount Date Paid Check # 17~? Receipt # OFFICE USE ONLY · History: D SpecialUse Permits: Variances: Concurrent review of Site Development Plan? ~l ZMAs and Proffers: Letter of Authorization ', 401 Mclntire Road o:- Charlottesville, VA 22902 o~o Voice: 296-583: i ?~iii::i' b~'Hi~e~y~'~i~'in detail and include all pertinent information such as ~he numbers of persons · involved inthe %e, Operating hours, and any unique features of the use: '. ATTACHMENTS REQUIRED - provide two(2) copies of each: Recorded plat or boundary survey of the property requested for the rezoning. If there is no recorded plat or boundary survey, please provide legal description of the property and the Deed Book and page number or Plat Book and page number. Note: If you are requesting a special use permit only for a portion of the property, it needs to be described or delineated on a copy of the plat or surveyed drawing. Ownership information - If o, wnership of the property is in the name of any type of legal entity or organization including, but not limited to, the name of a corporation, partnership or association, or in the name of a trust, or in a fictitious name, a document acceptable to the County must be submitted certifying that the person signing below has the authority to do so. - If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application. If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. OPTIONAL ATTACHMENTS:  3. Drawings or conceptual plans, if any. 4. Additional Information, if any. I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided is true and accurate to the best of my knowledge. Signature Date Printed Name Daytime phone number of Signatory IA?.TACH"E"T c[ :'.i,?:~:.:::', ' 3 ' What is the Comprehensive Plan designation for this property? Recommended for office/regional use. IATTACHMENTC I How will the proposed special use affect adjacent property? The proposed use will have no adverse effect on the adjacent property. Because the height of the antenna measures only 60 inches, the height of the tower will be only raised a relatively small amount (the existing Virginia Power transmission tower will be raised from 110 feet to 125 feet, with the tip of the antenna extending another 30 inches). This activity will not create any additional negative visual impact than that of the existing transmission tower. How will the proposed special use affect the character of the district surrounding the property? Because the property is already improved with the 110-foot transmission tower, the character of the district surrounding the property will not be adversely effected by the addition of the 60-inch antennas to the tower. How is the use in harmony with the purpose and intent of the Zoning Ordinance? The property is zoned CO. The appurtenance of the antenna allows the applicant to meet the demands of the residents of Albemarle County for additional coverage, capacity and quality of service for wireless phone use. By building within the existing Virginia Power structure, the applicant will be able to accommodate this demand without disrupting raw land or the county's cherished natural resources. How does right in the district permit the use in harmony with the uses? The use is not in conflict of other uses permitted by right in the district. The small equipment cabinet will be unmanned. No vehicle traffic' or noise will be generated by this use. Because the use requires little clearing of natural vegetation, it is conducive to the promotion of natural landscaping, prevention of erosion and will not disrupt the value and utility of the adjacent properties in the district. What additional regulatiohs provided in Section 5.0 of the Zoning Ordinance apply to this use? Section 5. I. 12 outlines public utility structures and uses. Subsection (a) requires that "the location will not impair the health and safety of workers and/or residents in the community and will not impair or prove detrimental to neighboring properties or the development of same." This site will have no ongoing workers. In addition, studies have found that such structures do not effect the property values in the areas. In this case, there will be relatively no additional impact in the perception of this property, because the antenna is an appurtenance to an existing transmission monopole. As required by subsection (c), the applicant will remove or repair our addition to the tower if it falls into a state of disrepair or threatens the safety of the general public. How will this use promote the public health, safety, and general welfare of the community? iATTACHPIENT C I With respect to the ability of the applicant to provide service to the community, this use will allow the applicant to improve the quality, capacity and coverage of wireless phone services in the county. This will tend to ~mprove the ability of citizens of the county to conduct business more readily and have use of the applicant's services for recreational purposes. In addition, the applicant's services can be used in emergency situations and can be utilized when the traditional phone lines are out of service. Describe your request in detail and include ali pertinent information such as the numbers of persons involved in the use, operating hours and any unique features of the use: The need to place the antenna on the Virginia Power Pole is twofold: First, the facility will provide digital cellular service for the applicants PCS system. This use will allow the applicant to improve the quality, capacity and coverage of wireless phone services in this area of the county. Second, this use will allow the applicant to build within an existing utility structure, eliminating the need for the construction ora new tower in this area of the county, thus preserving the county's natural resources and preventing the duplication of towers on the county's landscape The applicant proposes to add panel antenna to the top of the existing Virginia Power Transmission Tower. The additional appurtenance will raise the height of the structure to 125 feet, with the antenna extending another 30 inches. The antenna arrangement will be supported by an extension with the antenna panel at fifteen feet above the top of the existing pole. Virginia Power will install all equipment, including grounding and bracket. David P. Bowerman Charlotte Y. Humphris J~k Jou~ Forrest R. Marsh~n, Jr. COUNTY OF At RF_.MA.RI F. Office of Board of Supervisors 401 Mclniire Road Charlottesville, V'~ginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 -December 14, 1998 Chiles S. Me~dn W~lter E Perkins Sally H. ~om~ ~u~ M~ Ms. Lorraine Whitley PO Box 1408 Charlottesville, Va 22902 Dear Ms. Whitley: At the Board of Supervisors meeting held on December 9, 1998, you were appointed to the Virginia Community Development Block Grant Housing Rehabilitation Advisory Board. As you are aware Albemarle County was recently awarded a Community Improvement Grant for housing rehabilitation and production in the Porters Road/Yancey School neighborhood. As a member of this Board you will have the important tasks of (1) selecting eligible families to receive assistance, (2) selecting and developing an eligible contractors' list, (3) resolving disputes and complaints, and (4) providing general advice to the Grant Administrators. All future correspondence will come from the Co-grant Administrator, Virginia McDonald. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Forrest R. Marshall, Jr. Chairman FRM,Jr/ec Virginia McDonald Jane Andrews Larry W. Davis James L. Camblos, III Printed on recycled paper David P. Bowerman Charlotte Y. Humphris Forrest IR. Marshall, Jr. COUNTY OF Al REMARI E Office of Board of Supervisors 401 Mclnfim Road Gharlottesviile, Virginia 229024596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Walter E Perkins White Hall Sally H. Thomas Samuel ~ :'~'-'December 14, 1998 Ms. Edith M. Pebbles PO Box 114 Keswick, VA 22947 Dear Ms. Pebbles: At the Board of Supervisors meeting held on December 9, 1998, you were appointed to the Virginia Community Development Block Grant Housing Rehabilitation Advisory Board. As you are aware Albemarle County was recently awarded a Community Improvement Grant for housing rehabilitation and production in the Porters Road/Yancey School neighborhood. As a member of this Board you will have the important tasks of (1) selecting eligible families to receive assistance, (2) selecting and developing an eligible contractors' list, (3) resolving disputes and complaints, and (4) providing general advice to the Grant Administrators. All future correspondence will come from the Co-grant Administrator, Virginia McDonald. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Forrest R. Marshall, Jr. Chairman FRM,Jr/ec CC: Virginia McDonald Jane Andrews Larry W. Davis James L. Camblos, III Printed on recycled paper David P. Bowerman Charlotte Y. Humph~s Forrest R. Marshall, Jr. COUNTY OF Ai REMARI F Office of Board of Supervisors 401 Mdntire Road Charlottesville, V'n'cjinia 22902-4596 (804) 2965843 FAX (804) 296-5800 Chades S. Martin Ri~na Waiter E Perkins Sally H. Thomas Samuel Miller ~':'-'December 14, 1998 Rev. Carlton Luck 6852 Porters Road Esmont, VA 22937 Dear Rev. Luck: At the Board of Supervisors meeting held on December 9, 1998, you were appointed to the Virginia Community Development Block Grant Housing Rehabilitation Advisory Board. As you are aware Albemarle County was recently awarded a Community Improvement Grant for housing rehabilitation and production in the Porters Road/Yancey School neighborhood. As a member of this Board you will have the important tasks of (1) selecting eligible families to receive assistance, (2) selecting and developing an eligible contractors' list, (3) resolving disputes and complaints, and (4) providing general advice to the Grant Administrators. All future correspondence will come from the Co-grant Administrator, Virginia McDonald. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Forrest R. Marshall, Jr. Chairman FRM,Jr/ec CC: Virginia McDonald Jane Andrews Larry W. Davis James L. Camblos, III Printed on recycled paper David R Bowe~nan Charlotte Y. Hurnphds Forrest R. Marsh~l, Jr. COUNTY OF ALBEMARI F_ Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles $. Martin Walter R Perkins White Hall Sally H. Thomas Samuel Miller ':'~'December 14, 1998 Mr. Cliff Hammill Albemarle County Housing Department Dear Mr. Hammill: At the Board of Supervisors meeting held on December 9, 1998, you were appointed to the Virginia Community Development Block Grant Housing Rehabilitation Advisory Board. As you are aware Albemarle County was recently awarded a Community Improvement Grant for housing rehabilitation and production in the Porters Road/Yancey School neighborhood. As a member of this Board you will have the important tasks of (1) selecting eligible families to receive assistance, (2) selecting and developing an eligible contractors' list, (3) resolving disputes and complaints, and ('4) providing general advice to the Grant Administrators. All future correspondence will come from the Co-grant Administrator, Virginia McDonald. On behalf of the Board, I would like to take this oppommi/y to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Forrest R. Marshall, Jr. Chairman FRM,Jr/ec CCi Virginia McDonald Jane Andrews Larry W. Davis James L. Camblos, III Printed on recycled paper David P. Bowerman Charlotte Y. Humphris Formst R. Marshall, Jr. COUNTY OF ^I RF_MA.RI E Office of Board of Supervisors 401 Mdntire Road Charlottesville, Virginia 229024596 (804) 296-5843 FAX (804) 296-5800 December 14, 1998 Charles S. Martin Walter E Perkins White Ha~ Sally H. Thomas Samuel Miller Ms. Amelia McCulley Albemarle County Zoning Administrator Dear Ms. McCulley: At the Board of Supervisors meeting held on December 9, 1998, you were appointed to the Virginia Community Development Block Grant Housing Rehabilitation Advisory Board. As you are aware Albemarle County was recently awarded a Community Improvement Grant for housing rehabilitation and production in the Porters Road/Yancey School neighborhood. As a member of this Board you will have the important tasks of (1) selecting eligible families to receive assistance, (2) selecting and developing an eligible contractors' list, (3) resolving disputes and comPlaints, and (4) providing general advice to the Grant Administrators. All future correspondence will come from the Co-grant Administrator, Virginia McDonald. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Forrest R. Marshall, Jr. Chairman FRM,Jr/ec CCi Virginia McDonald Jane Andrews Larry W. Davis James L. Camblos, III Printed on recycled paper David R Bowennan Charlotte Y. Humph~ Forint R. Ma~h~lL Jr. COUNTY OF Al _REMARt E Office of Board of Supenzisors 401 Mdnfim Road Charlottesville, Vh'ginia 9-2909.-4596 (804) 996-5843 FAX (804) 9-96-5800 Chades S. Mar/in Riwnna Walter E Perkins S~Ily H. Thomas ""'-' December 14, 1998 Mr. Robert Walters Albemarle County Finance Department Dear Mr. Walters: At the Board of Supervisors meeting held on December 9, 1998, you were appointed to the Virginia Community Development Block Grant Housing Rehabilitation Advisory Board. As you are aware Albemarle County was recently awarded a Community Improvement Grant for housing rehabilitation and production in the Porters Road/Yancey School neighborhood. As a member of this Board you will have the important tasks of (1) selecting eligible families to receive assistance, (2) selecting and developing an eligible contractors' list, (3) resolving disputes and complaints, and (4) providing general advice to the Grant Administrators. All future correspondence will come from the Co-grant Administrator, Virginia McDonald. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Forrest R. Marshall, Jr. Chairman FRM,Jr/ec CCi Virginia McDonald Jane Andrews Larry W. Davis James L. Camblos, III Printed on recycled paper