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2001-01-17
ACTIONS Board of Supervisors Meeting of January '17, 200'1 January 19, 2001 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to order. Meeting was called to order at 7:00 p.m:, by the Chairman, Sally Thomas. All BOS members present. Clerk: Laurie Bentley. 4. Others Matters Not Listed on the Agenda from the Public. None. (There were none.) 5.1 Readopt Resolution Approving the Issuance of Industrial Development Authority Bonds in an Amount not to Exceed $14,000,000 for The Covenant School, Inc. ADOPTED. 5.2 Set PH for February 7, 2001 to adopt Ordinance authorizing Albemarle County's participation in the James River Alcohol Safety Program. SET PH. 5.3 Appropriation: Allocation of 2% Salary CompreSsion Adjustment, $305,141.04 (Form #20048). APPROVED. 5.4 Albemarle County jurisdictional area request for water and sewer service to proposed Phase 3, TM78,P57 (portion of) - Nichols Accountancy Corp. (Fontana Subdivision). APPROVED. 6. SP-2000-59. Glen Echo Barn Access/Stream Piping (Signs #90&91). PH on a request to allow stream crossing in accord w/Secs 30.3.05.2.1 (2) & (5) of the Zoning Ord. TM47,P3. Property contains 406.18 acs & is located on Glen Echo Farm Rd, off Rt 649, approx 3 mis E of intersec w/29N. Znd RA. Rivanna Dist. APPROVED w/2 conditions recommended by the Planning Commission (Attachment 2). 7. SP-2000-65. Andy Spratt (Signs #67&68). PH on a request to allow home occupation to design health education videotapes in accord w/Sec 10.2.2.31 of the Zoning Ord. TM 87, P50. Property contains 2.959 acs & is located on Burton Rd (Rt 711) approx 250' from the intersec of Rt 29 & Burton Rd-Rt 711. Samuel Miller Dist. APPROVED wi4 conditions recommended by the Planning Commission (Attachment 2). Other Matters not Listed on the Agenda from the Board. Ms. Thomas said she has discussed the Historic Preservation's revolving fund for existing structures with local bankers who are concerned that the County will be competing with them. She suggested that the County may want to place a limit on the amount of funds available for projects. 9. Adjourn at7:15 p.m. Clerk: Send signed resolution (Attachment 1) to McGuireWoods. Clerk: Advertise PH. Clerk: Forward signed appropriation form to M. Breeden, copying appropriate persons. None. None. None. None. Attachment 1 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE ALBEMARLE COUNTY, VIRGINIA The Industrial Development Authority of Albemarle County, Virginia ("Authority") has considered the application of The Covenant School, Inc. ("School") requesting the issuance of the Authority's revenue bonds in an amount not to exceed $14,000,000 ("Bonds"), to be issued at one time or from time to time to assist the School in financing and refinancing of the following (collectively, "Plan of Financing"): (1) the acquisition, construction and equipping of a new upper school for grades 7-12 consisting of approximately 85,000 square feet of classrooms, offices, library, athletic facility and fields and combined cafeteria/auditorium, together with related utility and infrastructure improvements, to be built on a new 26-acre campus on Hickory Street near the intersection of Oak Hill Drive and certain other capital improvements and additions located at the new campus on Hickory Street and (2) amounts required for reserves, capitalized interest and costs of issuance in connection with the Plan of Financing. On January 5, 2000, the Board of Supervisors of Albemarle County (the "Board") approved the Plan of Financing and the issuance of the Bonds upon the recommendation of the Authority after a public hearing held on December 9, 1999. By Order entered on April 18, 2000 in Case No. CL 99-8127, the Circuit Court for the County of Albemarle, Virginia, validated the Plan of Financing and the issuance of the Bonds pursuant to Virginia Code Section 15.2-2654. On December 7, 2000, as evidenced in Record No. 001014, the Supreme Court of Virginia dismissed a petition for appeal of such Order. Accordingly, pursuant to Virginia Code Section 15.2-2657, the Order validating the Bonds is binding and conclusive. Since the original public hearing was held more than one year ago, the Authority held a new hearing on January 9, 2001, as required by Section 147(0 of the Internal Revenue Code of 1986, as amended ("Code"), and Virginia Code Section 15.2-4906. Section 147(0 of the Code also provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds. The Authority issues its bonds on behalf of Albemarle County, Virginia ("County"); the projects included in the Plan of Financing are to be located in the County; and the Board constitutes the highest elected governmental unit of the County. The Authority has recommended that the Board ratify its previous approval and approve the Plan of Financing and issuance of the Bonds. A copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: The Board ratifies in full its approval of January 5, 2000, in providing the following: 1. The Board approves (i) the Plan of Financing and (ii) the issuance of the Bonds pursuant thereto by the Authority for the benefit of the School, as required by Section 147(f) of the Code and Section 15.2-4906 of the Virginia Code. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Plan of Financing or the School. 3. Pursuant to the limitations contained in Temporary Income Tax Regulations Section 5f. 103-2(f)(1), this resolution shall remain in effect for a period of one year from the date of its adoption. 4. This resolution shall take effect immediately upon its adoption. Adopted by the Board of Supervisors of Albemarle County, Virginia this 17th day of January, 2001. Attachment 2 CONDITIONS SP-2000-65 Andy Spratt Not more than two (2) employees except for family members who reside on site; The home occupation shall be limited to the second level of the garage which is approximately five-hundred (500) square feet; No signs for the business shall be posted on the property; and, Use shall comply with the following provisions of § 4.14 of the Albemarle County Zoning Ordinance: 5.2.2 REGULATIONS GOVERNING HOME OCCUPATIONS 5.2.2.1 The following regulations shall apply to any home occupation: Such occupation may be conducted either within the dwelling or an accessory structure, or both, provided that not more than twenty- five (25) percent of the floor area of the dwelling .shall be used in the conduct of the home occupation and in no event shall the total floor area of the dWelling, accessory structure, or both, devoted to such occupation, exceed one thousand five hundred (1,500) square feet; provided that the use of accessory structures shall be permitted only in connection with home ocCupation, Class B; bo There shall be no change in the outside appearance of the buildings or premises, or other visible evidence of the conduct of such home occupation other than one (1) sign. Accessory structures shall be similar in facade to a single-family dWelling, private garage, shed, barn or other structure normally expected in a rural or residential area and shall be specifically compatible in design and scale with other development in the area in which located. Any accessory structure which does not conform to the setback and yard regulations for main structures in the district in which it is located shall nOt be used for any home occupation; There shall be no sales on the premises, other than items hand crafted on the premises, in connection With suCh home occupation; this does not exclude beauty shops or one-chair barber shops; No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of SUCh hOme OCCUpation shall be met off the Street; e. All home occupations shall comply with performance standards set forth in §4.14; f. Tourist lodging, nursing homes, nursery schools, day care centers and private schools shall not be deemed home occupations. SP-2000-59 Glen Echo Stream Crossinq Within four (4) months of the approval of this permit, the applicant must demonstrate to the Engineering Department that the barn access road embankments have been adequately stabilized to prevent erosion and sedimentation downstream; and The County shall have the right, after providing reasonable prior notice to the occupant, to enter the property during daylight hours for the purpose of inspecting this stream crossing in order to verify that no additional fill has been placed in the floodway, and the stream crossing remains stable. David P. Bowerman Rio Lindsay G. Dorde~, Jr. Charlotte Y. Humphris Jack Joue~t COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Rivanna Walter E Perkin~ White Hah Sally H. Thomas Januaw 29,2001 Ms. Renee B. Fain McguireWoods 901 East Caw St. Richmond, VA 23219-4030 Dear Ms. Fain: At its January 17, 2001 meeting, adopted a resolution regarding the Covenant School. have enclosed a copy for your files. · Thankyou. Sincerely, ' Laurel A. Bentley, CMC Senior Deputy Clerk Attach ment Printed on recycled paper McGuireWood~ LLP One Jame~ Center g01 I~ast C~ Street Richmond, VA 23219~030 Phone: 804.775.1 ~0 Fax: 804,775.1061 w~.mcguirewo~s,com I[enee B, Fain Direcl: 8D4,775,1096 McGUIREWO3DS ffain ~mc§u irewocds.corn ~)irect Fax: 804,698.2050 January 11, 2001 VIA FACSIMILE (804) 296-5~00 Ms. Ella Carey Clerk, Board of Supervisors Industrial Development Authority of Albemarle County 401 Mclntire Road Charlottesville, Virginia 22902 Industrial Development Authority of Albemarle County Eduo~lonal Facilities Revenue Bonds (The Covenant School), Series 2001 Dear Ms. Carey: Thank you for forwarding the completed public hearing package to the Board of Supervisors of Albemarle County for its meeting on January 17. As you remember, the industrial Development Authority in Albemarle County held a public hearing and approved an issuance of bonds December 9, 1999 on behalf of The Covenant School to build an upper school facility in Albemarle County. The Board of Supervisors approved the iSSuance of bonds on January 5, 2000. Because of the School's religious affiliation, McGuireWoods, as Bond Counsel, recommended a judicial validation before the issuance of the Bonds pursuant to Virginia Code Section 15.2-2650. The Bonds were validated pursuant to the Order of Judge Peatross, Circuit Court of Albemarle County, on April 18, 2000. The Supreme Court of Virginia dismissed a petition for appeal of the validation on December 7, 2000, thus making the validation order binding and conclusive. Since the court proceedings were protracted, the initial public hearing is now over twelve months old and stale under federal tax law. The Industrial Development Authority held a new public hearing on JanUary 9, 2001, ratified its previous resolution, unanimously approved the issuance of the bonds and recommended the Board of Supervisors ratify its prior approval On behalf of The Covenant School, we appreciate the Board of Supervisors considering the resolution previously forwarded to you. Should you or any members of the Board of Supervisors or County staff have any questions, please do not hesitate to call me. ;l~/e~ee g. Fain tdas cc: Mr. Jav Garriss January9,2001 Board of Supervisors Albemarle County, Virginia County Office Building 401 Mclntire Road Charlottesville, Virginia Industrial Development Authority of Albemarle County, Virginia Proposed Plan of Financing for The Covenant School, Inc. The Covenant School, Inc. ("School") has requested that the Industrial Development Authority of Albemarle County, Virginia ("Authority") issue up to $14,000,000 of its revenue bonds ("Bonds") at one time or from time to time to assist the School in the financing or refinancing of the following (collectively, "Plan of Financing"): (1) the acquisition, construction and equipping of a new upper school for grades 7-12 consisting of approximately 85,000 square feet of classrooms, offices, library, athletic facility and fields and combined cafeteria/auditorium, together with related utility and infrastructure improvements, to be built on a new 26-acre campus on Hickory Street near the intersection of Oak Hill Drive and certain other capital improvements and additions located at the new campus on Hickory Street and (2) amounts required for reserves, capitalized interest and costs of issuance in connection with the Plan of Financing. As set forth in the resolution of the Authority attached hereto ("Resolution"), the Authority has agreed to issue its Bonds as requested. The Authority has conducted a public hearing on the proposed Plan of Financing and has recommended that yOU approve the issuance of the Bonds as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, and Section 15.2-4906 of the Code of Virginia of 1950, as amended. By Order entered on April 18, 2000, in Case No. CL 99-8127, the Circuit Court for the County of Albemarle, Virginia validated the Plan of Finance and the issuance of the Bonds pursuant to Virginia Code Section 15.2-2654. Attached hereto is (1) a certificate evidencing the conduct of the public hearing and the action taken by the Authority, (2) the Fiscal Impact Statement required pursuant to Virginia Code Section 15.2-4907, and (3) the form of resolution suggested by counsel to evidence your approval. ~-Secret~ary, Ja'i'~ustrial Develo~'ment Authority of Albemarle County, Virginia CERTWICATE The undersigned Secretary of the Industrial Development Authority of Albemarle County, Virginia ("Authority") certifies as follows: 1. A meeting of the Authority was duly called and held on January 9, 2001, at 4:00 o'clock p.m. in the conference room on the fourth floor of the County Office Building at 401 Mclntire Road, in Charlottesville, Virginia, pursuant to proper notice given to each Director' of the Authority before such meeting. The meeting was open to the public. The time of the meeting and the place at which the meeting was held provided a reasonable opportunity for persons of differing views to appear and be heard. 2. The Chairman announced the commencement of a public hearing on the application of The Covenant School, Inc. and that a notice of the hearing was published once a week for two successive weeks in a newspaper having general circulation in Albemarle County, Virginia ("Notice"), with the second publication appearing not less thah seven days nor more than twenty-one days prior to the hearing date. A copy of the Notice has been filed with the minUtes of the Authority and is attached as Exhibit A. 3. A summary of the statements made at the public hearing is attached as Exhibit B. 4. Attached as Exhibit C is a true, correct and complete copy of a resolution ("Resolution") adopted at such meeting of the Authority by a majority of the Directors present at such meeting. The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on this date. 5. The Resolution referred to in paragraph 4, together with a resolution adopted on December 9, 1999, constitute all formal action taken by the Authority.relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my hand and the seal of the Authority, this 9th day of January, 2001. Exhibits: Secretary, Ind~rial Development Authority of Albemarle County, Virginia A - Copy of Certified Notice from Newspaper B - Summary of Statements C - Public Hearing Resolution -2- EXHIBIT A 01/04/01 14:47 FAX 8049787214 DAILY PROGRESS 0O2 The Daily Progress P.O. BOX 9030 CHARLOTTESVILLE, VA 22.906 TELEPHONE: (804)978-7210 CERTIFICATE OF PUBLICATION [ HEREB.Y CER I"]H"Y THAT THE A"I-r'ACHED NOTICE WAS PUELISHF_D IN THE DALLY PROGRE$~ , A NEWSPAPER IN CHARLO I I'FFESVILLE, VIRGINIA, AND APPEARED IN THE ISSUE(S) DATED I)I[¢EN31~E ~ 2000. PUBLISHING FEE: $ 2, 1~,:~ 2- GIVEN UNDER MY HAND THIS 3 iscOAY OF3EC~g~ ?_000 SHARON M. LAMB BUSINESS 6FFICE MANAGER NOTlO~. O~ PUBLIC: HEARING REVENUE BOND RNANCIN6 BY iNDUSTRIAL DEVELIDPMENT AIJTHQRI'[-Y QF ALBEMARLE CQUNTY. VIRGINIA , Notice i~ hereby gN,~n Ihal Indu~rial 0ev¢101~llnen: ty ¢.A~emane Courtly. V'~gin~ ~"Aumori~} ~ll hold a pu~li~ h~Hng on Re .~'pPllC3hor~ Till]' I~ovg,.,.i:~nl Schaol, Inc. ['Sm"t0ol"}, whose acldross iF 1000 Birdwa,',d Road, Io~esvllle, Vff2itlln. 22003, re- t~ Id 514,000,8011 ,'q its rP.v~ m~ bon~ at onc fim~ or lmm 5me ~3 lime ~o ;:',5.5151 I~le ,n hna~cing or r_~na'~¢ng f~llawmg (c¢l~r*e~y, '~[3n Of ~r~nclng"l. (1} ,h=_ sc~uisi~,n. c",nsffur, nor~ ~nO a~u~pD,n0 new up.~er school lot ~radss, 7.12 c6dsis~ing of anDrox~rrmla- ly 85.000 squ~.rb ~e~ at cla.~s- moms. offices, I~ary, ai~lellc lm31il¥ ~d r~elds and a:m~ir, ed aS ~equeS',ad by tbs School ',v~l Commonwoal~ et ~inia nr ~el[ner ~e Ai~ ~d radii mr · e ~ p~r of t~e monweal~ of Virginia such The puOlfc hearing, wh~ ~e ~nUnuad or adjourned, b~ hel~ al 4;00 o'S:ok ~.m. II~r~ ~ ~ conferen~ roo~ on ma Iouf~ tier ~ ~e Olli~ 8u~l~, at ~Q1 Mcln~re ~oad, in C~lo~svilJe. Vkgim iu. ~y pem~ mler~te~ iSsuan~ n~ ~e bonds ~ ~u Io. cs~on er ~e of ~e pm~t ~y ~pear al me mg an~ ~rase~ ~s cr vie~. Infor~3~n te~rdinQ Ihe ~d i~ ~pan for i~pec~on el the ~i~5 ~tce at 401 ~ad, :hadaEasvilla, ~inia ~ring ~]~ hours, EXHIBIT B TO CERTIFICATE Summary of Statements Representatives of The Covenant School, Inc. and McGuireWoods LLP, Bond Counsel, appeared before the Authority to explain the proposed plan of financing. EXHIBIT C RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ALBEMARLE COUNTY, VIRGINIA AUTHORIZING THE ISSUANCE OF UP TO $14,000,000 REVENUE BONDS FOR THE BENEFIT OF THE COVENANT SCHOOL, INC. The Industrial Development Authority of Albemarle County, Virginia, a political subdivision of the Commonwealth of Virginia ("Authority"), is empowered by the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended ("Act"), to issue its revenue bonds for the purpose of financing facilities for private, accredited and nonprofit institutions of collegiate, elementary, secondary or graduate education in the Commonwealth of Virginia whose primary purpose is to provide collegiate, elementary, secondary or graduate education and not to provide religious training or theological education. The AUthority has received a request from The Covenant School, Inc., a not-for-profit Virginia nonstock corporation ("School"), requesting that the Authority issue its revenue bonds at one time or from time to time to assist the Schobl in financing or refinancing of the following (collectively, "Plan of Financing"): (1) the acquisition, construction and equipping of a new upper school for grades 7-12 consisting of approximately 85,000 square feet of classrooms, offices, library, athletic facility and fields and combined cafeteria/auditorium, together with related utility and infrastructure improvements, to be built on a new 26-acre campus on Hickory Street near the intersection of Oak Hill Drive and certain other capital improvements and additions located at the new campus on Hickory Street and (2) amounts required for reserves, capitalized interest and costs of issuance in connection with the Plan of Financing. The School has represented that the Plan of Financing will require an issue of revenue bonds in an aggregate principal amount not to exceed $14,000,000 (the "Bonds"). The Authority previously approved the Plan of Financing and the issuance of the Bonds by .resolution following a public hearing held on December9, 1999, and the Board of Supervisors of Albemarle County previously approved the Plan of Financing and the issuance of the Bonds by resolution of January 5, 2000. By Order entered on April 18, 2000 in Case No. CL 99-8127, the Circuit Court for the County of Albemarle, Virginia validated the issuance of the Bonds pursuant to Virginia Code Section 15.2-2654. On December 7, 2000, as evidenced by Record No. 001014, the Supreme Court of Virginia dismissed a petition for appeal of such Order. Accordingly, pursuant to 'Virginia Code Section 15.2-2657, the Order validating the Bonds is binding and conclusive. Preliminary plans for the Plan of Financing have been described to the Authority. Since the original public hearing was held more than one year ago, the Authority held a new public hearing on this date as required by Section 147(0 of the Internal Revenue Code of 1986, as amended ("Code"), and Section 15.2-4906 of the Act. Such assistance will benefit the inhabitants of Albemarle County, Virginia and the Commonwealth of Virginia. NOW, THEREFORE, IT IS RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ALBEMARLE COUNTY, VIRGINIA: The Authority hereby ratifies in full its approval of December 9, 1999, in providing the following: 1. It is hereby found and determined that (a) the Plan of Financing will be in the public interest of the inhabitants of Albemarle County, Virginia and the Commonwealth of Virginia, (b) the School is a private, accredited and nonprofit institution of elementary and secondary education whose primary purpose is to provide elementary and secondary education and not to provide religious training or theological education, and (c) the Plan of Financing consists of facilities for use as academic or administration buildings and other structures or applications usual and customary to an elementary and secondary school campus. 2. The Authority hereby agrees to assist the School in the Plan of Financing by undertaking the issuance at one time or from time to time of its revenue bonds in an amount not to exceed $14,000,000 upon terms and conditions mutually agreeable to the Authority and the School. The bonds will be issued pursuant to documents satisfactory to the Authority. The bonds may be issued in one or more series at one time or from time to time. 3. It having been represented to. the Authority that it is necessary to proceed immediately with the Plan of Financing, the Authority agrees that the School may proceed with its plans, enter into contracts for land, construction, materials and equipment pursuant to the Plan of Financing, and take such other steps as it may deem appropriate in connection with the Plan of Financing; provided, however, that nothing in this resolution shall be deemed to authorize the School to obligate the Authority without its consent in each instance to the payment of any moneys or the performance of any acts in connection with the Plan of Financing. The Authority agrees that the School may be reimbursed from the proceeds of the bonds for all expenditures and costs so incurred by it, provided such expenditures and costs are properly reimbursable under the Act and applicable federal laws. 4. At the request of the School, the Authority approves McGuireWoods LLP as Bond Counsel in connection with the issuance of the bonds. 5. All costs and expenses in connection with the Plan of Financing, including the fees and expenses of Bond Counsel and Authority Counsel, shall be paid by the School or, to the extent permitted by applicable law, from the proceeds of the bonds. If for any reason such bonds are not issued, it is understood that all such expenses shall be paid by the School and that the Authority shall have no responsibility therefor. 6. The Authority recommends that the Board of Supervisors of Albemarle County, Virginia, ratify its previous action and approve the Plan of Financing and the issuance of the Bonds. No bonds may be issued pursuant to this resolution until such time as the issuance of the bonds has been approved by such Board of Supervisors. 7. This resolution shall take effeCt immediately upon its adoption. -2- CERTIFICATE The undersigned Secretary of the Industrial Development Authority of Albemarle County, Virginia ("Authority") certifies that the foregoing is a true, correct and complete copy of a resolution adopted by a majority of the Directors of the Authority present and voting at a meeting duly called and held on January 9, 2001, in accordance with law, and that such resolution has not been repealed, revoked, rescinded or amended but is in full force and effect on this date. WITNESS the following signature and seal of the Authority, this 9th day of January, 2001. Stecre('ar3, In/clairOl Developmeht Authority of Albemarle~County, Virginia \\FINANCIAL SERVICESXrbfain\Covenant School - IDA Resolution(#40734)\v. I -3- FISCAL IMPACT STATEMENT FOR PROPOSED BOND FINANCING Date: January 9, 2001 To the Board of Supervisors of the Albemarle County, Virginia ApPlicant: Facility: The Covenant School Educational Facility, including Capital Improvements and Additions 1. Maximum amount of financing sought. Estimated taxable value of the facility's real property to be constructed in the municipality. 3. Estimated real property tax per year using present tax rates'. 4. Estimated personal property tax per year using present tax rates. Estimated merchants' capital tax per year using present tax rates. 6. (a) $14,000,000 $ N/A $ N/A $ N/A $ N/A Estimated dollar value per year of goods that will be · purchased from Virginia companies within the locality. $ 55,000 (b) Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality. $ 165,000 (c) Estimated dollar value per year of services that will be purchased from Virginia companies within the locality. $ 285,000 (d) Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality. $ 120,000 Estimated number of regular employees on year round basis. 110 Average annual salary per employee. $ 28,275 Chairman, Inc~ustrial Developm~ Authority of Albemarle County, Virginia ~" At a regular meeting of the Board of Supervisors of Albemarle County, Virginia, held on the 17th day of January, 2001, the following members were recorded as present: PRESENT: David P. Bowerman Lindsay G. Dorrier, Jr, Charlotte Y. Humphris Chades S. Martin Walter F. Perkins Sally H. Thomas On motion by Charlotte Y. Humphris, seconded by Charles S. Martin, the attached Resolution was adopted by a majority of the members of the Board of Supervisors of Albemarle County, Virginia, by a roll call vote, the votes being recorded as follows: MEMBER VOTE David P. Bowerman Lindsay G. Dorrier, Jr. Charlotte Y. Humphris Charles S. Martin Walter F. Perkins Sally H. Thomas Aye Aye Aye Aye Aye Aye RESOLUTION OF THE BOARD OF SUPERVISORS OF THE ALBEMARLE COUNTY, VIRGINIA The Industrial Development Authority of Albemarle County, Virginia ("Authority") has considered the application of The Covenant School, Inc. ("School") requesting the issuance of the Authority's revenue bonds in an amount not to exceed $14,000,000 ("Bonds"), to be issued at one time or from time to time to assist the School in f'mancing and refinancing of the following (collectively, "Plan of Financing"): (1) the acquisition, construction and equipping ora new upper school for grades 7-12 consisting of approximately 85,000 square feet of classrooms, offices, library, athletic facility and fields and combined cafeteria/auditorium, together with related utility and infrastructure improvements, to be built on a new 26-acre campus on Hickory Street near the intersection of Oak Hill Drive and certain other capital improvements and additions located at the new campus on Hickory Street and (2) amounts required for reserves, capitalized interest and costs of issuance in connection with the Plan of Financing. On January 5, 2000, the Board of Supervisors of Albemarle County (the "Board") approved the Plan of Financing and the issuance of the Bonds upon the recommendation of the Authority after a public hearing held on December 9, 1999. By Order entered on April 18, 2000 in Case No. CL 99-8127, the Circuit Court for the County of Albemarle, Virginia, validated the Plan of Financing and the issuance of the Bonds pursuant to Virginia Code Section 15.2-2654. On December 7, 2000, as evidenced in Record No. 001014, the Supreme Court of Virginia dismissed a petition for appeal of such Order. Accordingly, pursuant to Virginia Code Section 15.2-2657, the Order validating the Bonds is binding and conclusive. Since the original public hearing was held more than one year ago, the Authority held a new hearing on January 9, 2001, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended ("Code"), and Virginia Code Section 15.2-4906. Section 147(0 of the Code also provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility fmanced with the proceeds of private activity bonds is located must approve the issuance of the bonds. The Authority issues its bonds on behalf of Albemarle County, Virginia ("County"); the projects included in the Plan of Financing are to be located in the County; and the Board constitutes the highest elected governmental unit of the County. The Authority has recommended that the Board ratify its previous approval and approve the Plan of Financing and issuance of the Bonds. A copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: The Board ratifies in full its approval of January 5, 2000, in providing the following: 1. The Board approves (i) the Plan of Financing and (ii) the issuance of the Bonds pursuant thereto by the Authority for the benefit of the School, as required by Section 147(I) of the Code and Section 15.2-4906 of the Virginia Code. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Plan of Financing or the School. 3. Pursuant to the limitations contained in Temporary Income Tax Regulations Section 5f. 103-2(f)(1), this resolution shall remain in effect for a period of one year from the date of its adoption. 4. This resolution Shall take effect immediately upon its adoption. Adopted by the Board of Supervisors of Albemarle County, Virginia this 17th day of January, 2001. [SEAL_] Clerk, B~ard of Supervisors of Albe~l~e County, Virginia .~,,/,, -2- COUNTY OF ALBEMARLE EXECUTIVE SUMMARy' James River Alcohol Safety Action Program. · . ~ '-'J urolnance to author· , County partwcmpation in James River ASAP~ze Albemarle January 17, 2001 Messrs. TUckedDavjs ATTACHMENTS: ITEM NUMBER: INFORMATION: INFORMATION: BACKGROUND: Since July 1, 1982, Albemarle County has participated in a regional local Alcohol Safety Act/on Program with the counties of Fluvanna, Greene, Louisa, and Nelson, and the City of Charlottesvifle. This program is run under the direction of the Virginia AlCohol Safety Program Commission. The local programs are now Undergoing a recerfification process. As a result of that process each }urisdJcfion has been requested to reauthodze its participation and reestabfish a local Policy DISCUSSION: Board. The James River ASAP is created pursuant to a shared services agreement authorized by Section 15.2-1300 of the Code of Virginia. This section requires that the shared services agreement be approved by ordinance. The attached ordinance has been prepared cons/stent with the request of the Executive Director of the James River ASAP · Staff recommends that the attached Ordinance authorizing Albemarle County's participation in the James River Alcohol Safety Program be advertised for Public hearing and adoption on February 7, 2001. 01.005 DRAFT: January 9, 2001 ORDINANCE NO. 00-A( ) AN ORDINANCE TO AUTHORIZE ALBEMARLE COUNTY'S PARTICIPATION IN THE JAMES RIVER ALCOHOL SAFETY ACTION PROGRAM. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, pursuant to authority contained in Section 15.2-1300 of the Code of Virginia, as follows: WHEREAS, the Commonwealth of Virginia in the interest of highway safety has provided by law, programs for probation, education, and rehabilitation of persons charged with driving motor vehicles under the influence of alcoholic beverages and other self-administered drugs, such programs being collectively known as Virginia Alcohol Safety Action Program or VASAP; and WHEREAS, § 15.2-1300 of the Code of Virginia, as amended, authorizes local units of government to exercise their powers, privileges and authorities under a Joint Exercise of Powers for the operation of a multi-jurisdictional venture; and WHEREAS, § 18.2-271.2 of the Code of Virginia requires the establishment Of a VASAP Commission and that Commission establish procedures for the operation of local Alcohol Safety Action Programs; and WHEREAS, since July 1, 1982, one of those programs known as James River ASAP has been serving the City of Charlottesville, and the counties of Albemarle, Fluvanna, Louisa, Greene, and Nelson, providing probationer monitoring, education and treatment of persons charged with alcohol and drug offenses with all powers and duties granted to it by the laws of Virginia; and WHEREAS, the VASAP Commission has issued directives that all local VASAP programs would establish and implement an independent Policy Board representative of all localities served by the Program to operate the Program. NOW, THEREFORE, BE IT ORDAINED that the County of Albemarle does hereby join the City of Charlottesville, and the Counties of Fluvanna, Greene, Louisa, and Nelson to establish said Policy Board as administrative and fiscal agent subject to the following provisions: Section 1. The Board shall consist of not more than fifteen (15) members. One personal shall be appointed by the governing body of each participating locality and will serve for a term of three (3) years. The Board shall also include one General District Court Judge serving the area of the program, one attorney at law practicing in that area, one law enforcement official from that area, one driver education specialist, and one person skilled in the treatment of alcoholism/drug addiction. The remaining members shall be elected by majority vote of the incumbent members for terms of three years. In addition to the members so selected, the Executive Director of the Program shall also be a member ex-officio without voting power. DRAFT: January 9, 2001 Section 2. The Officers of the Board shall consist of a Chairman, a Vice-Chairman, a Secretary-Treasurer, and such subordinate offices as may from time to time be elected or appointed by the Board. The Secretary shall be the Executive Director of the Program. Each of said officers shall serve without compensation. The offices of Chairman and Vice-Chairman shall be held by members from different participating localities. Each officer shall be elected at the annual meeting of the Board to serve for a term of one (1) year unless sooner removed by the Board, or until his successor be elected and qualify. Section 3. The Board shall be responsible for the operation of the Program within the participating localities, and shall hire and supervise an Executive Director who shall be responsible for implementing operational policies for the Program, hiring and supervising the staff of the Program, and controlling all revenue and expenditures of the Program. Section 4. Regular meetings of the Board shall be held quarterly and are open to the public. Special meetings may be called by the Chair at his or her discretion or by any four (4) board members upon five days notice to all members in writing or by telephone of the time, place, and purpose of the special meeting. A simple majority of members of the Board shall constitute a quorum for transaction of any and all business. Section 5. The Executive Director shall prepare and submit an operating budget for approval by the Policy Board each fiscal year. The budget shall include projected revenue from client fees and other available funds as deemed appropriate by the Board and operating expenses. The participating localities will at no time incur any costs for the operation of the program. The Commission on VASAP shall be responsible for funding any deficit occurring in the operation of the Program. Section 6. The Commission on VASAP shall be responsible for conducting financial audits on the Program at such times as determined by the Commission. Section 7. The Executive Director shall prepare and submit an annual report for approval by the Policy Board within ninety days of the close of the fiscal year. The annual report shall be presented to the governing body of each participating locality after approval by the Policy Board. Section 8. The Program shall be operated by the Board in compliance with the Commission on VASAP Policies and Procedures. Section 9. Title to all property acquired by James River ASAP shall be vested with the Alcohol Safety Action Program so long as two or more localities continue to participate in its operation. In the event that all localities withdraw and the Commission on VASAP withdraws its endorsement, the property owned by the Program shall be disposed of in accordance with the then applicable provisions of the Code of Virginia. Section 10. This agreement shall remain in effect continuously from year to year until termination. Participating localities may withdraw at any time by official action of the governing DRAFT: January 9, 2001 body and after ninety (90) days written notice to the Policy Board. If a locality withdraws, its representative shall no longer serve on the Board. This Ordinance shall take effect immediately. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of __ to __, as recorded below, at a regular meeting held on Mr. Bowerman Mr. Dorrier Ms. Humphris Mr. Martin Mr. Perkins Ms. Thomas Aye Nay Clerk, Board of County Supervisors (804) 977-3553 James~ Alcohol Safety Action Program Fax (804) 951- 6394 310 Avon Street Suite 15 Charlottesville, Virginia 22902 November 7, 2000 Mr. Charles Martin, Chairman Albemarle County Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902 Dear Mr. Martin: On July 1, 1982, the County of Albemarle, along with the City of Charlottesville and the counties of, Fluvanna, Greene, Louisa, and Nelson, entered into an agreement for joint exercise of powers for the establishment and operation of the James River Alcohol Safety Action Program. The Program provides, as ordered by the courts in the jurisdictions it serves, probationary services, education, and rehabilitation services for persons charged under the laws of Virginia with operating a motor vehicle under the influence of alcohol or other.drugs. In order to update and formalize the agreement for Joint ExerCise of poWerS, I have drafted the enclosed Resolution for approval by the County Board of Supervisors. It has been reviewed and approved by the Mr. Bill McCollum, Executive Director, for the Commission on VASAP. Your representative on the James River ASAP Policy Board is Chi&John F. Miller. Chief Miller's term will expire on January 1, 2001. Chief Miller has made significant contributions to the efficient operation of the Program and I would welcome the oppommity to continue to work with him. If reappointed by the Board of Supervisors, his term of office would be for three years. Please advise of the Board's decision in this matter. I would welcome the opportunity to brief the Board of Supervisors on the current operations of James River ASAP, if so desired. Please let me know if you would like me to schedule a time to appear before the Board. Adoption of the resolution by each locality is a requirement for program certification. We are expecting to be evaluated for certification sometime in the not too distant future. It is respectfully requested that Board of Supervisors approve the resolution as soon as possible and that it be returned to me to be included with other certification doCUmentation. BOARD OF SUPERVISORS Serving Charlottesville, Albemarle, FIuvanna, Greene, Louisa, Nelson Page 2 CC: If you have any questions, please give me a call. Sincerely, David M. Dutcher Executive Director Mr. Robert W. Tucker, Jr., County Executive John Miller, Policy Board Member COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Appropriation: Allocation of 2% Salary Compression Adjustment SUBJECT/PROPOSAL/REQUEST: Appropriation of 2% Salary AdjUstment for General Government classified employees STAFF CO NTACT(S): Tucker, White, Breeden Spencer AGENDA DATE: January 17, 2001 ACTION: CONSENT AGENDA: ITEM NUMBER: INFORMATION: ACTION: × INFORMATION: ATTACHMENTS: Yes REVIEWED BY.'~~ BACKGROUND: The FY 2000-2001 adopted budget included $350,000 for a 2% Salary Compression Adjustment pool to be used to address competitive shortfalls, compression, and structural compensation issues for classified and administrative employees. On September 6, 2000, the Board approved staff recommendations for specific salary adjustments to address identified compensation issues in the current fiscal year. These recommendations included market rate adjustments for employees in several departments. DISCUSSION: The attached appropriation transfers $305,141.04 from the 2% Salary Compression Adjustment pool to the departments that are affected by those identified adjustments in employee compensation. No additional local funds are needed for this appropriation. RECOMMENDATION: staff recommends approval of the attached appropriation # 20048 in the amount of $305,141.04, which transfers funds from the 2% Salary Compression Adjustment pool to those department budgets that are affected by the changes. 01.008 FISCAL YEAR: 00/01 NUMBER 20048 TYPE OF APPROPRIATION: ADDITIONAL TRANSFER NEW ADVERTISEMENT REQUIRED ? '- YES ,~ NO FUND: GENERAL X X PURPOSE OF APPROPRIATION: FUNDING FOR SALARY ADJUSTMENTS. EXPENDITURE CODE DESCRIPTION AMOUNT 1000 12010 COUNTY EXECUTIVE $468.59 1000 12040 COUNTY ATTORNEY 1,302.01 1000 12200 NFORMATION SERVICES 9,236.73 1000 13020 VOTER REGISTRATION 538.35 1000 21060 CLERK OF CIRCUIT COURT 3,897.00 1000 22010 COMMONWEALTH ATTORNEY I 159.25 1000 31013 POLICE 1,412.90 1000 31020 SHERIFF 969.81 1000 32011 FIRE RESCUE 1,106.30 1000 41000 ENGINEERING 14,468.41 1000 43001 PUBLIC WORKS 1,260.69 1000' 43002 PUBLIC WORKS 2,704.93 1000 43003 PUBLIC WORKS 5,575.21 1000 53011 V.P.A. 3,297.35 1000 53012 V.P.A. 3,109.50 1000 53013 V.P.A. 35.212.60 1000 53014 V.P.A. 8,469.06 1000 53015 V.P.A. 1,068.29 1000 81010 PLANNING 24,640.69 1000 81017 E/911-PLANNING 2,966.95 1000 81040 ZONING 3,362.34 1000 82030 SOIL & WATER CONSERVATION 1.489.50 1000 31013 POLICE-PATROL 177,424.58 1000 95000 999984 COMPENSATION ADJUSTMENT (305,141.04) TOTAL $0.00 REVENUE CODE DESCRIPTION AMOUNT TOTAL $0.00 TRANSFERS REQUESTING COST CENTER: cOUNTy EXECUTIVE APPROVALS: DIRECTOR OF FINANCE BOARD OFSUPERVISOR SIGNATURE DATE JAN 11, 2001 /-/?-~/ COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Albemarle County Jurisdictional Area request for water and sewer service - NichOls Accountancy Corp. (Fontana Subdivision) SUBJECT/PROPOSAL/REQUEST: Provision of water and sewer service to proposed Phase 3, Fontana Subdivision, Tax Map 78, Parcel 57 (portion of) STAFF CONTACT(S): Messrs. Tucker, Foley, Cilimberg, Benish BACKGROUND: AGENDA DATE: January 17, 2001 ACTION: CONSENT AGENDA: ITEM NUMBER: IN FORMATION: ACTION: Yes INFORMATION: ATTACHMENTS: Ye~ R_EVlE._W__ED_B_Y.: A public hearing was held April 1, 1998, to consider a request by Hurt Investment Company (previous owner) for water and sewer service to 119 acres located on Tax Map 78 Parcel 57 (portion). The subject property is part of Fontana Subdivision, which received preliminary plat approval on December 19, 1997. It is located on the east side of Route 20 North, north of the Wilton Subdivision and Garnett Treatment Center, within a designated Development Area (Neighborhood 3). Phase 3 consists of 43 lots located on the north side of Fontana Drive. The lots are located along Verona Drive, Montalcino Way, and Treviso Lane. Also, lots 118 and 119 south of Fontana Drive are to be added to the jurisdictional area. Amendment of the jurisdictional area boundary is required before final subdivision approval can be granted. DISCUSSION: At its April, 1998 meeting, the Board approved the ultimate service area boundaries for water and sewer service to Fontana Subdivision, as recommended by staff, provided that each section of Fontanna would be submitted for amendment of the jurisdictional area map and a note be included on all plats indicating that no public water will be provided on those lots above the 600 foot elevation, which serves as the service area and development area boundary. Two of the subdivision's lots along the eastern edge of the property straddle the Development Area boundary, and have both RA and R-4 zoning. Consistency with County policy permits extension of service only to that portion of these lots lying within the Development Area. Phase 3 is located entirely within the Development Area, in the portion of the property zoned R-4, below the 600-foot contour. Extension of water and sewer service has been approved to the portion of Fontana subdivision between Route 20 and Phase 3. It is anticipated that requests similar to this one will be submitted for future phases of the subdivision. RECOMMENDATION: This request is consistent with the Board's April 1, 1998 action approving the ultimate service area boundaries for water and sewer service to the Fontana Subdivision. With the Board's concurrence, staff will amend the Jurisdictional Area map to.allow provision of water and sewer service to Phase 3 and require that notes be included on the final plat limiting service to building sites within the designated Development Area. ATTACHMENTS: A- Location Map B - Project Phasing Plan C: Bill Brent, Albemarle County Service Authority Steve Driver, PE, LS McKee Carson 301 East High Street, Charlottesville, VA 22902 01.006 62 ATTACHMENT A 20M 22A MONTICELLO 23 Z2 92 SGOTTSVILLE AND RIVANNA 'DISTRICTS scc / SECTION 78 Notes Location Map_ 1"=2000' 1"=1000' FONTANA SUBDIVISION Albemarle County, Virginia PRELIMINARY PLAT Land Use SummarTf_ RECEIVED FEB ~ ::.~ Ptanning Dept. A.M. Nichols Trustee for Fontana Land Trust P.O. Box 143 ,V~av/sv~Ue, CA 95901 /I/Ir,' McKEE/CARSON 2000 THIRD QUARTER BUILDING REPORT County of Albemarle Department of Planning and Community Development 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 INDEX I. Comparison of New Residential Dwelling Units by Month (Charts A & B) 11. Comparison of Residential Dwelling Units by Type (Charts C & D) III. Comparison of All Building Permits (Chart E) IV. Comparison of Certificates of Occupancy (Charts F-H) KEY TO TYPES OF HOUSING REFERRED TO IN REPORT SF SFA SFFFH DUP MF MHC AA Single-Family (includes modular) Single-Family Attached Single-Family Townhouse Duplex Multi-Family Mobile Home in the County (not in an existing park) 'Accessory Apartment Chart B: Three Year Comparison of New Residential D.U. by Montn~ 24O 22O 2O0 180 160 '. 100 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ~OMTM 998 ~ 1999 · 2000 ~ Quarter 3 I1. COMPARISON OF RESIDENTIAL DWELLING UNITS Chad C. Breakdown of New Residential Dwelling Units by Magisterial District and Dwelling Unit Type MAGISTERIAL DWELLING UNIT TYPE TOTAL % TOTAL DISTRICT SF SFA SF/TH DUP MF MHC AA D.U. D.U. RIO 11 0 0 0 0 0 0 11 6% JACK JOUETT, 2 0 0 0 0 0 1 3 2% RiVANNA 49 11 0 0 0 2 2 64 38% SAMUEL MILLER 26 2 0 0 0 1 0 29 17% SCOTTSVILLE 20 6 0 0 0 4 I 31 18% WHITE HALL 28 0 0 0 0 4 0 32 19% TOTAL 136 19 0 0 0 11 4' 170 100% Chart D. Breakdown of New Residential Dwelling Units by Comprehensive Plan Area and Dwelling Unit Type COMPREHENSIVE PLAN AREA DWELLING UNIT TYPE TOTAL SF SFA SF/TH DUP MF MHC AA UNITS URBAN NEIGHBORHOOD I 0 0 0 0 0 0 0 0 URBAN NEIGHBORHOOD 2 15 4 0 0 0 0 0 19 URBAN NEIGHBORHOOD 3 6 0 0 0 0 0 0 6 URBAN NEIGHBORHOOD 4 6 6 0 0 0 0 0 12 URBAN NEIGHBORHOOD 5 8 0 0 0 0 0 0 8 URBAN NEIGHBORHOOD 6 0 2 0 0 0 0 0 2 URBAN NEIGHBORHOOD 7 0 0 0 0 0 '0 0 0 CROZET COMMUNITY 10 0 0 0 0 0 0 10 HOLLYMEAD COMMUNITY 12 7 0 0 0 2 0 21 PINEY MOUNTAIN COMMUNITY 0 0 0 0 0 0 0 0 RIVANNA VILLAGE 12 0 0 0 0 0 0 12 DEVELOPMENT AREA SUBTOTAL 69 19 0 0 0 2 0 90 RURAL AREA 1 13 0 0 0 0 3 1 17 RURAL AREA 2 15 0 0 0 0 0 2 17 RURAL AREA 3 25 0 0 0 0 2 0 27 RURAL AREA 4 14 0 0 0 0 4 1 19 RURAL AREA SUBTOTAL 67 0 0 0 0 9 4 80 TOTAL 136 19 0 0 0 11 4 170 Prepared by the Albemarle County Office of Mapping Graphics, and Information Resources (OOMGAIR) Quarter 3 III. COMPARISON OF ALL BUILDING PERMITS Chart E. Estimated Cost of Construction by Magisterial District and Construction Type MAGISTERIAL NEW · *NEW NON-RES. NEW COMMERCIAL FARM BUILDING TOTAL DISTRICT RESIDENTIAL & ALTER. RES. & NEW INSTITUT. & ALTER. COMM. No. Amount-$ No. Amount-$ No. Amount-$ No. Amount-$ No. Amount-$ RIO 11 1,719,832 72 4,410,701 7 7,136,000 14 1,043,474 104 14,310,007 JOUETT 3 60,7,500 12 198,924 0 5 45,000 20 851,424 RIVANNA 64 10,806,381 44 808,186 5 3,667,000 7 901,280 120 16,182,848 S. MILLER 29 7,033,201 41 1,368,235 3 1,110,000 4 414,000 77 9,'925,436 SCOTTSVILLE 31 2,743,356 67 908,389 5 955,000 5 614,000 108 5,220,745 WHITE HALL 32 6,818,824 49 1,367,749 0 - 9 130,892 90 8,317,465 TOTAL 170 29,729,094 285 9,062,184 20 12,868,000 44 3,148,646 519 54,807,925 Additional value of mobile homes placed in existing parks is included in Residential Alteration Category. IV. CERTIFICATES OF OCCUPANCY Chart F. Breakdown of CO's for Residential Dwelling Units by Elementary School District and Dwelling Unit Type SCHOOL DWELLING UNIT TYPE TOTAL PERCENT DISTRICT SF SFA SFFFH DUP MF MHC AA D.U. TOTAL D.U. Agnor-Hurt 6 1 4 0 0 0 0 11 ' 7.69% Broadus Wood/Sutherland 0 0 0 0 0 0 0 0 0.00~ Broadus Wood/Jouett 5 0 0 0 0 4 0 9 6.29~ Brownsville 9 0 0 0 0 1 0 10 6.99% Crozet 4 1 0 0 0 0 0 5 3.50% Greer 2 0 0 0 0 0 0 2 1.40% Hollymead 2 2 0 0 0 0 0 4 2,80% Meriwether Lewis/Henley 0 0 0 0 0 0 0 0 0.00% Meriwether Lewis/Jouett 8 0 0 0 0 1 0 9 6.29% Murray 4 0 0 0 0 0 0 4 2.80% Red Hill 5 0 0 0 0 0 0 5 3.50% Cale/Budey 0 0 0 0 14 0 0 14 9.79% CaleNValton 14 4 0 0 0 0 0 18 12.59% Scottsville 5 0 0 0 0 0 0 5 3.50% Stone Robinson/Budey 13 2 0 0 0 0 1 16 .11.19% Stone Robinson/Walton 1 0 0 0 0 0 0 1 0.70%I Stony PointJBuriey 3 0 0 0 0 0 0 3 2.10% Stony Point/Sutherland 10 0 0 0 0 0 0 10 6.99% Woodbrook 15 1 0 0 0 0 ~ 0 16 11.19% Yancey 0 0 0 0 0 I 0 1 0.70% TOTAL 106 11 4 0 14 7 1 143 100,00% Prepared by the Albemarle County Office of Mapping, Graphics, and Information Resources (OOMGAIR) Quarter 3 IV. CERTIFICATES OF OCCUPANCY (continued) Chad G. Breakdown of CO's for Residential Dwelling Units by Magisterial District and Dwelling Unit Type MAGISTERIAL DWELLING UNIT TYPE TOTAL DISTRICT SF SFA SF/TH DUP MF MHC AA RIO 9 0 0 0 0 0 0 9 JACK JOUETT 6 0 0 0 0 0 0 6 RIVANNA 41 6 4 0 14 4 1 70 SAMUEL MILLER 21 2 0 ' 0 0 0 0 23 SCOTTSVILLE 11 2 . 0 0 0 1 0 14 WHITE HALL 18 1 0 0 2 0 21 TOTAL 106 11 4 0 14 7 1 143 Chad H. Breakdown of CO's for Residential Dwelling Units by Comprehensive Plan Area and Dwelling Unit Type COMPREHENSIVE PLAN AREA DWELLING UNIT TYPE TOTAL SF SFA SF/TH DUP MF MHC AA UNITS URBAN 'NEIGHBORHOOD I 0 0 0 0 0 0 0 0 URBAN NEIGHBORHOOD 2 12 1 4 0 0 0 0 17 URBAN NEIGHBORHOOD 3 3 2 0 0 14 0 0 19 URBAN NEIGHBORHOOD 4 5 2 0 0 0 0 0 7 URBAN NEIGHBORHOOD 5 9 2 0 0 0 0 0 11 URBAN NEIGHBORHOOD 6 1 0 0 0 0 0 0 1 URBAN NEIGHBORHOOD 7 0 0 0 0 0 0 0 0 CROZET COMMUNITY 9 1 0 0 0 0 0 10 HOLLYMEAD COMMUNITY 11 1 0 0 0 4 0 16 PINEY MOUNTAIN COMMUNITY 0 2 0 0 0 0 0 2 RIVANNA VILLAGE 10 0 0 0 0 0 0 10 DEVELOPMENT AREA SUBTOTAL 60 11 4 0 14 4 0 93 RURAL AREA 1 13 0 0 0 0 1 0 14 RURAL AREA 2 12 0 0 0 0 0 1 13 RURAL AREA 3 14 0 0 0 0 1 0 15 RURAL AREA 4 7 0 0 0 0 1 0 8 RURAL AREA SU. BTOTAL 46 0 0 0 0 3 1 50 TOTAL 106 11 4 0 14 7 1 143 Prepared. by the Albemarle County Office of Mapping, Graphics, and Information Resources COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: f Proposed Budget Document Format Revisions SUBJECT/PROPOSAL/REQUEST: Suggested changes to budget document format. STAFF CONTACT(S): Mr. Tucker, Ms. White AGENDA DATE: Januaw 17,2001 ACTION: CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY.~..~ ITEM NUMBER: INFORMATION: INFORMATION: BACKGROUND: Although the budget document has expanded in its scope and depth over the past several years, staff's opinion is that the document, particularly the department and agency analysis sections, has become too detailed perhaps resulting in a lack of clarity of important budget issues and changes. In an attempt to provide the same information in a more concise and clear format, staff is proposing several minor revisions that we believe will make the budget more understandable to you and the public. DISCUSSION: Attached is an example of a revised department analysis section with the following proposed changes: · The overall descriptive sheet for the department will list the basic responsibilities and the divisions or programs within the department. It will not provide a description of each division since it is duplicative of the information found in the division sections. The budget request and recommended additions will not be part of the overall department section, since that information is presented in its entirety within each division or program section. Staffing will be pulled out of the division description and listed separately. An Overview/Changes section replaces the Budget Request section and will show in bullet rather than narrative format any changes that need to be noted within that program. A RecOmmended Increases section will simply bullet the additional budget items that are being recommended over the department's ongoing baseline budget. Detailed information on each expanded or new request will be provided either in an appendix or a separate document should the Board or public want more background for the request. An Unfunded Requests section Will Simply bullet the requeSts that are not being funded. ThiS will eliminate having the same information in both a requested section and the recommendation section as was done in prior documents. The adopted budget will continue to have a Board Action section to reflect any changes made by the Board during the budget Work sessions. AGENDA TITLE: AGENDA DATE: Page 2 of 2 Budget Document FOrmat January 17, 2001 Staff is proposing these minor format revisions this year to help make the information clearer and reduces duplication to both the Board and the public by focusing on the essential information within each program. We anticipate more sweeping content and format changes next year as we go through the strategic planning process and the budget begins to reflect county wide priorities and performance measures. However, at this juncture, we are only suggesting minor formatting changes for clarity and brevity. RECOMMENDATION: If the Board has no objection to the proposed Changes, staff will proceed to develop the budget along these format lines. Any additional suggestions for improving the clarity of information would be appreciated. 01.007 Finance Responsibilities · Assessing, collecting, managing and disbursing public funds · Capital financing and debt management, financial accounting and reporting, payroll, risk management and insur- ance, real estate assessments and tax collection · Administration · Assessments/Collections · Accounting and Payroll · Real Estate · Purchasing Divisions FY 98/99 DIVISIONS ACTUAL ADMINISTRATION 328,600 ASSESSMENT/COLLECT. 883,449 ACCOUNTING/PAYROLL 323,088 REAL ESTATE 754,765 PURCHASING 85,015 TOTAL FINANCE 2,374,917 FY 99/OO ADOPTED FY 99/00 REVISED 323,715 323,715 979,425 980,574 351,020 351,020 779,350 779,350 93,230 93,230 2,526,740 2,527,889 FY00/01 REQUEST FY 00/01 $ % RECOMM INC INC 342,057 342,057 18,342 5.67% 1,009,186 1,009,186 29,761 3.04% 565,368 450,368 99,348 28.30% 869,558 844,564 65,214 8.37% 97,009 97,009 3,779 4.05% 2,883,178 2,743,184 216,444 8.57% Financial Data FY 98/99 EXPENDITURES ACTUAL SALARIES 1,564,215 BENEFITS 405,967 OPERATING 340,652 CAPITAL OUTLAY 64,083 NEW/EXPANDED _0 TOTAL EXPENDITURES 2,374,917 REVENUES LOCAL 10,742 STATE 477,494 FEDERAL ~ SUBTOTALREVENUES 488,236 LOCAL TAX FUNDS TOTAL REVENUES 1,886,681 2,374,917 PERSONNEL (FTE) 51.0 FY 99/00 FY 99/00 ADOPTED REVISED 1,705,860 1,705,860 465,775 465,775 354,705 354,705 400 1,549 2,526,740 2,527,889 7,700 7,700 464,000 464,000 471,700 471,700 2,055,040 2,056,189 2,526,740 2,527,889 51.0 51.0 FY 00/01 FY 00/01 REQUEST RECOMM 1,841,022 1,841,022 486,287 486,287 345,575 345,575 1,300 1,300 208,994 69,000 2,883,178 2,743,184 $ % INC INC 135,162 7.92% 20,512 4.40% (9,130) -2.57% 900 225.00% 69,000 0.00% 216,444 8.57% 11,300 11,300 3,600 46.75% 472,440 472,440 8,440 1.82% ~ ~ ~ 0.00% 483,740 483,740 12,040 2.55% 2,399,438 2,259,444 204,404 9.95% 2,883,178 2,743,184 216,444 8.57% 51.0 51.0 0 0.00% G- 1 Administration Finance - Accounting & Payroll The Accounting and Payroll Division of the Finance Department records all expenditures and revenues, prepares all accounting statements, maintains all accounting records, processes all paychecks, and disburses all accounts payable checks. The Accounting program maintains all accounting records related to the County's Financial Management System (FMS) and prepares and distributes monthly expenditure and revenue reports to every department of General Gov- ernment and the School Division. It also maintains the general ledger accounts, manages the County's portfolio, monitors all State Compensation Board accounts and prepares documentation for the annual audit. The Payroll pro- gram administers all employee compensation for both the General Government and the School Division, including all withholding taxes. This program also maintains all payroll-related records, implements and maintains a number of benefit programs, and processes all state, federal and IRS earnings-related forms. Accounts Payable disburses all County funds for General Government, School and joint activities; maintains the voucher system and purchase orders payment and vendor files; and produces IRS forms related to these files. This division also monitors and distributes all internal service charges. The Accounting and Payroll Division is the focal point for the County's annual audit. 1.0 FTE Chief Account 2.0 FTE Senior Accountant 1.0 FTE Senior Account Clerk Staffing 3.0 FTE Account Clerk 1.0 FTE Payroll Supervisor 1.0 FTE Payroll Specialist Critical Issues · Continuing to make financial accounting information more accessible to departments. · Continuing to receive the Government Finance Officers Association's Certificate of Achievement for Ex- cellence in Financial Reporting, which has been awarded annually to the County since FY95. · Continuing to invest taxpayer monies in a manner that maximizes return and minimizes risk, as approved by the Auditor of Public Accounts. · Continuing to make timely payroll payments to employees and ensure that all withholdings are remitted by their due dates. · The migration of data to the Human Resources Management Information and Payroll System (HRIS). (Full implementation is expected in Fall 2000.) Continuing to maintain accurate and timely payment and vendor files. Continuing to work with the Purchasing Division and the Department of Information Services to develop and implement an automated purchasing system as well as to replace the existing accounts payable system. Both are parts of the new financial system currently in the vendor selection process. G-2 Administration Finance- Accounting & Payroll Financial Data FY 98/99 EXPENDITURES ACTUAL SALARIES 231,714 BENEFITS 61,041 OPERATING 30,333 CAPITAL OUTLAY 0 NEW/EXPANDED O TOTAL EXPENDITURES 323,088 REVENUES LOCAL STATE FEDERAL SUBTOTAL REVENUES LOCAL TAX FUNDS 323,088 TOTAL REVENUES 323,088 PERSONNEL (FTE) 9.0 FY 99/00 FY 99/00 ADOPTED REVISED 251,166 251,166 71,069 71,069 28,785 28,785 0 0 351,020 351,020 FY 00/01 FY 00/01 $ % REQUEST RECOMM INC INC 272,274 272,274 21,108 8.40% 76,109 76,109 5,040 7.09% 32,985 32,985 4,200 14.59% 0 0 0 0.00% 184,000 69,000 69,000 100.00% 565,368 450,368 99,348 28.30% 0 0 0 0 0 0 351,020 351,020 9.0 0 0 0 351,020 565,368 351,020 565,368 9.0 9.0 0 0 0.00% 0 0 0.00% 0 0 0.00% 0 0 0.00% 450,368 99,348 28.30% 450,368 99,348 28.30% 9.0 0 0.00% Overview/Changes · Additional salary expenses related to the reclassification of an Accountant to a Senior Accountant · An additional $3,750 in decompression-related salary adjustments for FY00, which were not reflected in the Department's current year adopted budget · An additional $4,200 for mailing and printing payroll checks and forms. (This is based on current year pro- jected expenditures) Recommended Increases · Replacement Vehicle · Additional Ongoing Postage Costs · 1.0 FTE Real Estate Clerk · Total Recommended Increases Unfunded Requests · 1.0 FTE Senior Accountant · New State Auditing Program (Net County CoSt = $20,000) · Total Unfunded Requests Board Action Cost $25,000 $4,000 $40,000 $69,000 $50,000 $65,000 $115,000 Administration G-3 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mclntire Road Charlottesville, Virginia' 22902-4596 (804) 296-$823 January 11 2001 Kurt M. GIoeckner 2246 Ivy Road. Suite 5 Charlottesville, VA 22903 RE: SP-2000-59 Glen Echo Stream Crossing; Tax Map 47, Parcel 3 Dear Mr. GIoeckner: The Albemarle County Planning Commission, at its meeting on January 9, 2001, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. Within four months of the approval of this permit, the applicant must demonstrate to the Engineering 'd~partmer~t tha(the barn access road embankments have been adequately stabilized to prevent erosion and sedimentation downstream. 2. The County shall have the right, after providing reasonable prior notice to the occupant, to enter tr~e property during daylight hours for the purpose of inspecting this stream crossing in order to verify that no additional fill has been placed in the floodway and the stream crossing remains stable. Please be advised that the Albemarle CQunty Board of Supervisors will review this petition and receive public comment at their meeting on January 17, 2001. 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 schleduled hearing date. If yOu should have any questions or comments regarding the above noted action, please do not hesitate to contact me. planner Cc: Ella Carey Amelia McCulley Jack Kelsey Steve AIIshouse Bob Ball STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: SCOTT CLARK JANUARY 9, 2001 JANUARY 17, 2001 SP 2000-59 GLEN EcHO STREAM CROSSING Applicant's Proposal The applicant has constructed a stream crossing and has added and removed fill in the floodplain of the North Fork Rivanna River without applying for the required special use permit. The applicant proposes to rectify this violation through this application. Petition The petition is fo~ approval of a special use permit, in accordance with Sections 30.3.5.2.1-(2) & (5) and 30.3.6 of the Zoning Ordinance, to allow construction of a stream crossing over the floodway and to obtain a landfill permit for floodplain alteration, respectively. This petition is requested for a parcel described as Tax Map 47, Parcel 3, and it is located in the Rivarma Magisterial District. The property is zoned Rural Area (RA) zoning district and is recommended as a Rural Area on the Land Use Plan. Applicant's Justification for the Request The applicant states that the crossing is needed for an agricultural use (the crossing will provide access to a new barn), and that because more soil was removed from the floodplain than was added, there will be no impact on adjacent properties. History On September 1, 2000, County staffon a site inspection found that substantial fill had been placed in the floodplain on the applicant's property during the construction of a stream crossing for a proposed building site. On September 18, the applicant was sent a "Notice of Official Determination of Violation," informing him that the fill and stream crossing were in violation of the Zoning Ordinance and would require a special use permit. On September 28, the applicant submitted this special use permit application. During a site inspection with the applicant's representatives on November 20, 2000, staff established that there was existing access to the building site and that the already-constructed entrance (which requires this special use permit) should be closed until a permit could be secured. (See attached memos from Building Code & Zoning Services for more detail.) Recommendation Staff has reviewed the proposal for conformity with the Comprehensive Plan and the Zoning Ordinance and recommends approval of the special use permit with conditions. Comprehensive Plan The Comprehensive Plan shows this area as Rural Areas, intended for preservation of agricultural and forestal activities; water supply protection; limited service delivery; and conservation of natural, scenic, and historic resources. The Open Space Plan designates this site as part of a major stream valley. Staff Comment Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance below: The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, This project's only potential impacts on adjacent properties would be due to any increase in flood level caused by obstruction of the stream. The Engineering department has concluded that because this project occurred in a large area of "backwater" floodplain caused by a bend in the North Fork Rivanna River, this crossing of a small tributary will cause no significant change in flood levels, and therefore should not impact adjacent properties. The Engineering department therefore supports approval of this permit, with the condition that the barn access road embankments must be adeqUately stabilized within four months to prevent erosion and sedimentation downstream. (See the attaChed comments from Jeff Thomas, Senior Engineer.) The applicants have also secured the necessary permits from the U.S. Army Corps of Engineers and the Virginia Department of Environmental Quality (see attachments). that the character of the district will not be changed thereby, The additiOn of the stream crossing, which will provide access to an agricultural use, will not change the character of the district. and that such use will be in harmony with the purpose and intent of this ordinance, S4ction 30.3.1 of the Zoning Ordinance establishes the purpose and intent of the Flood Hazard Overlay District to provide safety and protection from flooding. More specifically, the provisions of this section of the ordinance are to "restrict the unwise use, development and occupancy of lands subject to inundation which may result in: danger to life and property; public costs for flood control measures and/or rescue and relief efforts; soil erosion, sedimentation and siltation; pollution of water resources; and general degradation of the natural and man-made environment." This stream crossing is expected to have negligible effects on flooding in this area, and the erosion- control measures proposed by the engineering department will prevent degradation of the stream. with the uses permitted by right in the district, By-right uses in the Rural Areas include agricultural and forestal uses and other supporting uses to agriculture and forestry. The proposed stream crossing would provide access to a horse barn. with additional regulations provided in Section 5.0 of this ordinance, There are no additional regulations for stream crossings {n this section of the ordinance. and with the public health, safety and general welfare. The public health, safety, and general welfare of the community is protected through the special use permit process which limits stream crossing to places where a property owner has no reasonable use of her/his property, except with a stream crossing. Stream crossings are also approved where their construction would prevent environmental degradation and flooding. Stream crossings are also approved to advance the goals of the Comprehensive Plan. This stream crossing is not expected to affect neighboring properties or public roads, and will support an agricultural use. Although the area in question is designated as an Important Stream Valley by the Open Space Plan, this project is not expected to have a significant impact on the quality of that resource. The floodplain of the North Fork Rivanna was used to define this Important Stream Valley. As mentioned above, the crossing site is in a large "backwater,' in this floodplain, and not along the river itself. Only small tributaries of the North Fork Rivanna will be impacted, in this case for an agricultural use. Recommended Action Staff recommends approval of this request with the following Conditions: 1. Within four months of the approval of this permit, the applicant must demonstrate to the Engineering Department that the barn access road embankments have been adequately stabilized to prevent erosion and sedimentation downstream. 2. The County shall have the right, after providing reasonable prior notice to the occupant, to enter the property during daylight hours for the purpose of inspecting this stream crossing in order to verify that no additional fill has been placed in the floodway and the stream crossing remains stable. Attachments A) Location Map B) Parcel Map C) Topographic Map D) FEMA Floodplain Map E) Memo from Bart Svoboda, Manager of Zoning Enforcement F) Review comments from Jeff'Thomas, Senior Engineer G) Letter and calculations from Kurt Gloeckner, P.E. H) Copies of U.S. Army Corps of Engineers "after the fact" permits for this project 3 MTN, 10 AREA EAST O'F CROZET 4 ,!/ Albemarle I ATTACHMENT A ¢ smon~ SP 2000-59 Glen Echo Barn Access/Stream Piping ? \ -I \ I ? TO ZION CROSS' 4 7 33F ATTACHMENT B SP 2000-59 Glen Echo Barn Access/Stream Piping / RIVANNA DISTRICT , / / SP 2000-59 Glen Echo Barn Access/Stream Piping '; ./ SP 2000-59 Glen Echo Barn Access/Stream Piping /, ZONE ZONE j' .{, ZONE C ZONE 'ZONE " ATTACHMENT E ME MO tC4ND UM TO: FROM: DATE: Scott Clark. Planner n,,,-t J. Svoboda, Manager of'Zoning Enforcemen ,~"~ November 29, 2000 Brief Summary of V-2000-116 Tax Map '47, Parcel 3 - located in the County of Albemarle near the end of Judge Lane (offProffitt Rd. along the railroad tracks), a part of Glen Echo Farm, this property is Zoned ILK, (Rural Area) OWNER: Arthur A. Watson or Rachel L. Galbraith 2362 Glen Echo Farm Charlottesville, VA 22901 VIOLATOR: Arthur A. Watson or Rache! L. Gatbraith 2362 Glen Echo Farm Charlottesville, VA 2290 t VIOLATION: Fill in the Flood Plain HISTORY: September 1, 2000 September 18, 2000 November 20, 2000 Site inspection performed. Mark Chambers (CountyEn=,ne~,~; =,-4,n== inspector) was present, it ;','as determined that a su'3stantiai amount of fill has been placed within the flood plain. Official Determination of Violation sent (see attached copy') A.n on site inspection with Abbott Wallenbom and Drew Bo[es (Mr. Watson's representatives) confirmed the existence o£ ~ alternate access (existint farm access, not the access/crossin~ request in association w~'th the SP). The alternate access cou~-d be used as it alreadv exists. However, improvements to the attemate access may be considered fill in the flood plain. This access would serve as the ingress/e~ess to a proposed building location for a barn. The proposed access (the access/crossing associated with the SP request) needs to be blocked off. This would limit confusion regarding which route is the appropriate access way through the flood plain at this time. NOTE: From September I, 2000 to present various communications have taken place betxveen the County of Albemarle (staff from various departments) and N.h'. Watson and his representatives. The range of topics includes sections of the Zon. ing Ordinance, erosion control matters, the Special Use Permit process and various site-related issues. 8 COUNTY OF ALBEHARLE 3e'sar:ment of Building Code and Zoning Services 401 Mc[ntire Road, Room 227 Charlo~esvilie, Virginia 22902-4596 TELEPHONE (804) 296-5832 T'TD {804~ 972-40!2 NOTICE OF OFFICIAL DETER:MINATIO,N OF VIOLATION Dare Nodce o f Dete,u-,nination is *ire.-. September 18, 2000 No: V-2000-i !.6 CERTIFIED MAIL -;' 7099 ::00 O0 7510 0780 Ar~&ur A. Watson or Rachel:...r Gaibrairh '362 Glen Eclno Farm Char[ottesville, VA 2290 t Property: 47 3 Tax .Map Number Parcel Number Same as Above Owner or' Record You are hereby notified that, after ~ in,,'estitation of the above-described pro=eny, the Zoninz Administrator has ~.=~= ' ' the: :ottowmz constitutes Albemarle Count',' Zonint The culvert sise. . and fiii ,.,:.,,.,ia: ........ (fii~ .... in .'.he :", ' -,;~;~' ...... -' .:uOO ~":,~d that [las oeen D~ac~'a iF, ,.P,e :!ooc. ~pp~,.k~.a ov ...~ C~u....er .-k!oemane Board of 3user.'iscrs. r'~. ,~ County has approved no such mermit for Tax Ma: ~.'- Parcel : Th:~:ror** :he acove-' or ,,~ fill in the flood :rain shall be Section 30.3.05.2.2 BY SPECIAL USE PEtLMIT WITHIN THE FLOODWAY FRINGE 1. Uses by special use permit in the floodway (section 30.3.05.2.I BX' SPECIAL USE PEP, MIT WITHIN THE FLOODWAY - (2) Water related uses such as ... bridges, ferries, culverts .. ' 3. Landfill Permit (reference 30.3.6). Section 30.3.06 L.-~NDFILL PEi:L¥IITS FOR FLOOD PLAIN ALTEtL-kTIONS (See attachment l) Section 36. I: "Any building erected contrary, to any of the provisions or'this ordinance or contraq/to any condition ira:oecd upon any conditional rezoning, issuance of.a special use 9 ~age ~ v-looo-t[6 September 18,2000 po.ri'mit or approval of a site plan, and any use of any building or [and which is conducted, operated or maintained contrary, to any of the provisions of ti,is ordinance or an'/condition imposed upon any conditional rezoning, issuance of a special use permit or approval of a site plan, shall be a Violation of this ordinance and the same is hereby declared to be'unlaw£ul. The zoning administrator may initiate injunction, mandamus, abatement, criminal ~varrant or an',' other approonate action to prevent, enjoin, abate or remove such erection or use in violation of an:,' provision of this ordinance." You are hereby ordered :o cease and desist from filling in the flood, plain immediatelv. Your failure :o comply with this order may result in legal action being taken against you. if you intend :o apply for a special use permit submit :he appropriate application ,_nd fee by October* 2000. if you intend to remove the ':" _. · nit flow, the flood plain, notify me in writing by October" 2000. Include ','our plan and timetable tbr restoration of the stream banks. Ir'you ~e aggTieved by this de:ermination, you have a right to appeal it within thirt, y (30) dave of:he date notice of this '=~= ; : ' , a,.~,..qnmauon ts given, in accordance with Section 15.2-2311 of the Code of Virtinia._ If you. do not ~,~e ~.: a timely asseal.., this c~.,,..~'"mmat,on""~ ' 4 shall be ~fin,,i,_ and unanneaiable. A.n a~eal shall, be taken only by ":~' I '"" :he .... :mn_ win, 7'onin~ Administrator and the Boa-d or 77oninz Appeals , notice of anneal which '-" .';-';--~ ' _ _ .. ,~,e ...... :he zrounds for the appeal. appeal application must be,.om~.,..~..,." -'~=,='~ ~nc' .~-'::ed .... ,iop.~= with :he fee of 595, The date notice of:kcs deco,ina:ion was .~iven is - ,-.; ,';=,4 :De ......above. .."/you have an,,' ,auesficns..p [e',~e_. contact Ban ~. Svoboda or the Zonin,:z_ Administrator & '~O" < "'"' 80 -~.. o-, 8.:'-'. ;',',',.<'5 "I/x/ti!.,._ :(meli[~ =G-"McC ulley / Zoning Administrator County of Albemarle, Virginia Cc: Reading File T.'v[[P - 47/3V 2000-I 16bjs viOCO tls bis.doc · qLBE,WrARLE COUfv'TY CODE 30.3.06 LANDFILL PER_MITS FOR FLOOD PLAIN ALTERA. TION 30.3.06.1 PEI:LMiT REQUIREMENTS [n addition to such conditions imposed by the board of supe~'isors in approval of a special use permit, a landfill t~ermit arx~rova[ bv~ the county engineer is required for the rliling of [and in the fioodxvav.,,n=e..';-4 ,= No pen-nit shall be issued or approved until he site development plan for such fill or' land shall have been submitted to the count':.' engineer indicating the following rezuirements have' = oe,.n met: In the case of residential usage, the finished sade shall be at or above :he one hundred .,/ear flood elevation for the lowest floor, including basement or cellar of a structure. For a nonresidential stsc:ute, water'tizht flood proofinc,, in accordance ' ",~- the Virginia Uni/brm Storewide Building Code may be ~rovided in lieu of the finished grade descNbed hers/n; The /i!linz or' [and sha!I be designed and .... ' cons,..c~ec to minimize obst~c:ion to and e~,.c~ upon the r]ow of water and more paniculariy that: Such 5ii v,'iii not. in the opinion of the county ~.n=ine~., result in any increase in flood leveis dunng :he occurrence of a one hundred year flood discharze; b. -r:.~ 5cod ,:.aw¢in~ cauachv of:he v,,'atercou:'se shaii be ..r,.c~ve,y protec:ed aza,,nst erosion by vegetative cover, n~ra=, gabions. buiklqead or other acceptable mer?.od. shall be 5truly ~cb. ored to prevent distocation due to flooding, '-'. Fill shall be ora material that ',viil not pollute surface water or ~oundwater: Vv2tere in rhe opinion of the county en<ineer additional topographic, engineering and other data or studies are necessa~ to determine the effects of ~qooding on a proposed structure or fill and/or the effect or' such structure or fill on the flow of water in flood stage, the county engineer shall require the applicant to submit such data or studies. (Attachment 1) ATTACHbIENTF Albemarle County Development DePartments' s P-2000-059 SPIN Submission and CommentsG en Eoho Barn ^ooesslStream Piping Engineering special use permit revision 2 reviewer received reviewed Jeff Thomas 12~7~00 12/29~00 decision approved with conditions The supplemental information from Mr. Kurt Gloeckner, P.E. for the Glen Echo farm floodplain crossing received on December 7, 2000 has been reviewed. We feel Mr. Gloeckner's assessment of the crossing's minimal impacts to the North Fork Rivanna floodplain adequately addresses our previous concerns. We have also received copies of the necessary Corps of Engineers permits for fill in the floodplair~. The Engineering Department recommends approval of the special use permit with the following condition. 1. Mr. Gloeckner has informed us that this area has been seeded for pasture. The barn access road embankments must be adequately stabilized within four months to prevent erosion and sedimentation downstream. 12/29/00 12:56 PM Page 1 of 1 GLOECKNER ENGINEERING/SURVEYING, INC. Engineers - Surveyors - Land Planners Kurt M. Gloeckner, P.E., P.L.S. President December 7, 2000 ATTACHMENT G Jeff Thomas, Engineer County of Albemarle 401 Mclntire Road Charlottesville, Virginia 22902 Re: Glen Echo - Stream Crossing Dear Jeff, In addressing the stream crossing, I am enclosing sketches of the crossing with dimensions, and an enlargement of the flood'plain FEMA map at a scale of 1" = 500'. Also, the computations to reach the numbers that show insignificant effect on the flood plain. Since this is a backwater flood plain the area flooded is large. I calculate that a minimum of 145 acres is flooded. I calculate that the fill in the flood plain is at a maximum 5,716 cubic yards for the crossing and the amount removed due to stream bank removal (creation of4:1 and 5:1 approach slopes) is 7,751 cubic yards. The net effect is a removal of 2,035 cubic yards. This taken over 145 acres of flood plain reduces the flood plain elevation 1/10 of an inch. I have looked at the bend in the river, which has been severely eroded providing a larger channel at the original constriction which has already dropped the flood elevation as witnessed by the resident adjacent to the property. All in all, the effect on the flood plain due to the effort of the owner/farmer is positive. IfI can be of further assistance, please call. Sincerely, Kurt M. Gloeckner, P.E., P.L.S. President KMG:tpm 2246 Ivy Road, Suite 5 · Charlottesville, Virginia 22903 · Tel: (804) 971-1591 ° Fax: (804) 293-7612 ........ ......... ...................... ~_7_..o....._....__.._.. -"------'---5 ,'- · "' '- - ....................................' ........ ~.,.~.~_ ..... ~w_., ......,~V~_.. ..... ~.~..._fS~_~. ~ ~_o._~.-'D2~5 GRADING QUANTITIES. X- SECT AyG. AREA VOLUME STATION Aroo,~.f. :. f. c,f. , , , , l I Ix I ~~ 1 I Ix I 1 I I .,I x c'.v~ t I Ix I 1 I Ix I 1 1 I . I Ix I 1 I ,, I Ix ,_ i t 1 I x,,, I GLOECKNER ENGINEERING/SURVEYING, INC. 'Charlottesville, Virginia BM' O6 ,..~0 0 A~ ZONE B U.S. Army Corps of Engine~ers Norfolk District, Western .Vit:ginia Regulatory Section HC32, Box 10lA Staunton, VA 24401 Project Number: 00-H0116 September 21, 2000 ATTACHMENT H Waterway: Trib. to N. Fk. Rivanna River pl. Participant: Mr. Arthur A. WatSon, Jr. 2362 Glen Echo Farm Charlottesville, Virginia 22911 2. Authorized Agent: Mr. Kurt M. Gloeckner Gloeckner Engineering/Surveying 2246 Ivy Road, Suite 5 Charlottesville, Virginia 22903 3. Address of Job Site: Off State Route 649 approximately 3 miles east of junction with State Route 29 north of charlottesville, Albemarle County, Virginia. 4. Project Description: Alter-the-fact permit to modify approximately 400 linear feet of intermittent headwater stream channel by placing it in a pipe in a newly created horse pasture. Approximately 14.6 cubic yards of fill material was discharged into jurisdictional waters in order to bed the pipe. 5. Findings This is regarding your request to perform work in the waters of the United States, as described in part 4 above. This activity has been reviewed and found to satisfy the criteria contained in the Corps Nationwide Permit (I 8), attached. (The Corps Nationwide Permits were published in the Federal Register (61 FR 65874) on December 13, 1996 and the regulations governing their use can be found in 33 CFR 330 published in Volume 56, Number 226 of the Federal Register dated November 22, 1991.) Provided the enclosed conditions are met, an individual Department of the Army Permit will not be required. In addition, the Virginia Department of Environmental Quality has waived 401 certification for Nationwide Permit Number 18. However, this veri fication is not valid until you have met any local floodplain regulation and/or FEMA requirements if necessary. This verification is valid for two years from the date of this letter, unless the Norfolk District Engineer uses discretionary authority to modify, suspend or revoke this verification. The Chief of Engineers will periodically review the nationwide permits and their conditions and will decide to either modify, reissue or revoke the permits. The existing nationwides are scheduled to expire on February 11, 2002. If the nationwide permit(s) verified in this letter are reissued without modification or if your activity complies with any subsequent nationwide permit, the expiration date of this verification will not change. However, if the nationwide permit(s) verified in the letter are modified or revoked so that the activity listed above would no longer be authorized and you have commenced or are under contract to commence the work, you will have twelve months from the date of that permit change to complete the activity. Activities completed under the authorization of a nationwide permit which was in effect at the time the activity was complefed continue to be authorized by that nationwide permit. It is your responsibility to remain informed of changes to the nationwide permits. We will issue a special public notice announcing any changes to the nationwide permits when they occur. 6. Corps Contact: James E. Brogdon at (540) 886-4221 NAO FL 13 REVISED DEC 90 ~,~estcrn Virginia Reguilatory Section Norfolk District, Western Virginia Regulatory Section HC32, Box 10lA Staunton, VA 24401 Project Number: 00-H0109 I. Participant: Mr. Arthur A. Watson, Jr. 2362 Glen Echo Farm Charlottesville, Virginia 22911 3. Address of Job Site: September 7, 2000 Waterway: Trib. to N. Fk. Rivanna ~ve~. 2. A'uthorized Agent: Mr. Kurt M. Gloeckner GIoeckner Engineering/Surveying 2246 Ivy Road, Suite 5 Charlottesville, Virginia 22903 Off'State Route 649 approximately 3 miles east of junction with State Route 29 north of Charlottesville, Albemarle County, Virginia. 4. Project Description: After-the-fact authorization for the construction of a culvert crossing of an intermittent headwater stream channel to access farm fields. Project included the use of a 60" culvert, and the drainage area to the crossing is approximately 0.52 square mile. 5. Findings This is regarding your request to perform work in the waters of the United States, as described in part 4 above. This activity has been reviewed and found to satisfy the criteria contained in the Corps Nationwide Permit Number 14, attached. (The Corps Nationwide Permits were published in the Federal Register (65 FR 12818) on March 9, 2000 and the regulations governing their use can be found in 33 CFR 330 published in Volume 56, Number 226 of the Federal Register dated November 22, 199I.) Provided the enclosed conditions are met, an individual Department of the Army Permit will not be required. In addition, the Virginia Department of Environmental Quality has provided 401 certification for Nationwide Permit Number 14. This verification is not valid until you have met any local floodplain regulation and/or FEMA requirements if necessary. Enclosed is a "compliance certification'' form, which must be signed and returned within 30 days of completion of the project, including any required mitigation (see nationwide permit condition number 14). Your signature on this form certifies that you have completed the work in accordance with the nationwide permit terms and conditions. This verification is valid for two years from the date of this letter, unless the Norfolk District Engineer uses discretionary authority to modify, suspend or revoke this verification. The Chief of Engineers will periodically review the nationwide permits and their conditions and will decide to either modify, reissue or revoke the permits. These nationwides are'scheduled to expire on June 5, 2005. If the nationwide permit(s) verified in this letter are reissued without modification or if your activity complies with any subsequent nationwide permit, the expiration date of this verification will not change. However, if the nationwide permit(s) verified in the letter are modified or revoked so that the activity listed above would no longer be authorized and you have commenced or are under contract to commence the work, you will have twelve months from the date of that permit change to complete the activity. Activities completed under the authorization of a.nationwide permit which was in effect at the time the activity was completed continue to be authorized by that nationwide permit. It' is your responsibility to remain informed of changes to the nationwide permits. We will issue a special public notice announcing any changes to the nationwide permits when they occur. 6. Corps Contact: James E. Brogdon at (540) 886-4221 NAO FL 13 REVISED DEC 90 Western Virginia Regulatory Section 19 Landscaping shall be required on the new fill slope and on the existing critical slope, subject to the approval of the Planning Department Director or designee. Mr. William Finley seconded approval and this passed unanimously. It will go before the Board of Supervisors on February 14, 2001. SP-2000-59 Glen Echo Barn Access/Stream Piping (Sign #90, 91) - Request for special use permit to all°w a Stream crossing in accordance With Section 30.3.05.2.1 (2) and (5) of the Zoning Ordinance which allows for stream crossings and engineered structures in the flood plain. The property, described as Tax Map 47 Parcel 3, contains 406.18 acres, and is located in the Rivanna Magisterial District on Glen Echo Farm Road, located off Route #649 approximately 3 miles east of the intersection with US 29 North. The property is zoned RA Rural Area. The Comprehensive Plan designates this property as Rural Area. (Scott Clark) DEFERRED FROM THE DECEMBER 12, 2000 PLANNING COMMISSION MEETING. Staff report was given by Scott Clark. Please see attached. Mr. Rooker opened for public hearing. Applicant - Kurt Gloeckner of Gloeckner Engineering. Mr. GIoeckner stated Mr. Clark did a great job in presenting the application. Mr. Gloeckner presented a map. Mr. Gloeckner stated that mother nature had pretty much helped the flood plain by eroding the far side on the inside corner which probably has lowered the flood plane in the entire region. The reason the owner went ahead is that, from this point, the actual installation is over 'A of a mile. Nobody actually thought about flood plane until the county went out for inspection in the beginning of the barn. Mr. Gloeckner presented a picture showing pasture that had been planted. The photograph also showed the barn construction and the stream crossing. Mr. Gloeckner also had photographs showing the stabilization and silt fence which is still in place while grass is getting a toehold. With the cold weather this has slowed down a lot. The picture was a month old. When Mr. Gloeckner came to see progress the crossing was already in. The owner, in order to have horses go in and out of these streams, had the contractor raise 4 and 5-to-1 slopes and essentially take the steep drop out of the streambanks so that what was once cattle pasture was now easy to get through. He did not spread the stream out, rather just knocked the banks down. I recommended he take all the material and put it out of the flood plane; almost 2000 cubic yards more went out than was brought in for his crossing. This ends in a slight drop in the entire flood plane. The last picture showed existing banks upstream. ALBEMARLE COUNTY PLANNING COMMISSION - JANUARY 9, 2001 DRAFT MNUTES 19 Mr. Thompson asked how the Engineering Department ProVes that the embankments have been adequately stabilized to prevent erosion and sedimentation downstream. Mr. Thomas, Engineer, stated that the erosion control inspectors are aware of the crossing. They will go out to inspect it and will determine whether it is' adequately stable. Mr. Thompson asked if Mr. Thomas felt the screening used now for silt intention is good enough for a silt fence. Mr. Thomas said their main concern is to stabilize as quickly as possible. Mr. Thomas feels that is the most effective erosion control. Mr. Loewenstein stated he was very closely familiar with this site as it is close to his own property. Mr. Loewenstein has walked these fields for a couple of decades and has watched the entire process unfold. He feels a really excellent job has been done; the site is greatly improved over what was there. The work already done has stabilized the entire area considerably. Ms. Hopper asked about condition #2 where it states the County shall have the right to enter property with prior notice. Ms. Hopper was wondering if that ran with the land and, if Mr. Watson were to sell that, could anyone else get the access. Mr. Jared Loewenstein approved request for a special use permit subject to the following conditions: 1. Within four months of the approval of this permit, the applicant must demonstrate to the Engineering Department that the barn access road embankments have been adequately stabilized to prevent erosion and sedimentation downstream. 2. The County shall have the right, after providing reasonable prior notice to the occupant, to enter the property during daylight hours for the purpose of inspecting this stream crossing in order to verify that no additional fill has been placed in the floodway and the stream crossing remains stable. Mr. William Finley seconded approval and this passed unanimously. This will go before the Board of Supervisors on February 14, 2001. PUBLIC HEARING ITEMS SP-2000-61 Chapman Grove Baptist Church Foyer Addition (Sign #82) - Request for special use permit to allow changes and additiOns to the church entry, including a ramp and a handicapped -accessible restroom, in accordance with Section 10.2.35 of the Zoning Ordinance which allows for church buailding and adjunct cemetery. The property, described as Tax Map 62 Parcel 67, contains 0.82 acres, and is located in the Rivanna Magisterial District on Stony ALBEMARLE COUNTY PLANNING COMMISSION- JANUARY 9, 2001 DRAFT MNUTES 20 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296- 5823 Fax (804) 972 - 4012 December 21, 2000 Kurt M. Gloeckner, PE, PLS 2246 Ivy Road, Suite 5 Charlottesville, VA 22903 RE: SP-2000-59 Glen Echo Barn Access/Stream Piping (Sign #90, 91) Tax Map 47, Parcel 3 Dear Mr. Gloeckner: The Albemarle County Planning Commission, at its meeting on December 12, 2000, accepted without prejudice, staffs request for deferral of the above-noted petition. This has been rescheduled as follows: ALBEMARLE COUNTY PLANNING COMMISSION - JANUARY 9, 2001 ALBEMARLE COUNTY BOARD OF SUPERVISORS- JANUARY 17, 2001 If you have any questions, please do not hesitate to contact me. Sincerely, Scott Clark Planner SC/jcf Cc: ,~!i~ ey Amelia McCulley Jack Kelsey COUNTY OF ALBEMARLE Departrneht Of planning & COmmunity DeVelopment 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 December 21, 2000 Andy or Debbie Spratt 4320 Burton Road North Garden, VA 22959 RE: SP-2000-65 Andy Spratt; Tax Map 87, Parcel $0 Dear Mr. & Mrs. Spratt: The Albemarle County Planning Commission, at its meeting on December 12, 2000, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. Not more than two employees except for family members who reside on site; 2. The home occupation shall be limited to the second level of the garage, which is approximately 500 square feet; 31 No signs for the business shall be posted on the property; and 4. Use shall comply with the following provisions of Section 4.14 of the Albemarle County Zoning Ordinance. The Commission also approved the waivers for the setback of the garage and for the size of the accessory structure - Condition #2. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on January 17, 2001. 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. sin Transportation Planner Cc: Ella Carey Amelia McCutley Jack Kelsey Steve AIIshouse Bob Ball STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: JUANDIEGO R. WADE DECEMBER 12, 2000 JANUARY 17, 2001 SP 2000-065 SPRATT HOME OCCUPATION Applicant's prOposal: The applicant proposes to establish a home occupation to design health education videotapes in his garage. (Attachment A) Petition: Request for a special use permit to allow a home occupation to design health education videotapes in accordance with Section 10.2.2.31 of the Zoning Ordinance which allows for home occupations. The property, described as Tax Map 87 Parcel 50, contains 2.959 acres, and is located in the Samuel Miller Magisterial District on Burton Road [Rt. 711] approximately 250 feet from the intersection of Route 29 and Burton Road-Route 711. The property is zoned Rural Areas- RA. The Comprehensive Plan designates this property as Rural Area. (Attachment B) Character of the Area: The area can be described as rural residential. The applicant's home has a house to the side and front of it. RECOMMENDATION: Staffhas reviewed this request for compliance with the provisions of Section 31.2.4' 1 of the Zoning Ordinance and recommends approval of the applicant's request for a Home Occupation-Class B with conditions. Planning and Zoning History: There is no planning history associated with this property. Comprehensive Plan: The Comprehensive Plan designates this property as Rural Area. STAFF COMMENTS: 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, The applicant has had a Class A Home Occupation since 1992. The applicant is requesting a Class B Home Occupation because the business will move from the house to the garage's second level. There will be no other change in the business. The applicant only writes the health video scripts. There will be no videos produced at the applicant's home. They are produced and sold at other locations. Staff does not foresee this home occupation will have any detrimental impact to adjacent properties. that the Character of the district Will not be changed thereby, The rural areas district is characterized by open space, agricultural uses and very low density residential uses. The only change to the home will be to "finish off' the garage second level. The garage was constructed in 1994. The home occupation will not change the character of the district. and that such use will be in harmony with the purpose and intent of this ordinance, The RA zoning district was created to establish a zone that provides for preservation of agricultural and forestral lands and activities; provide for water supply protection; be an area of limited service delivery; and to conserve natural, scenic, and historic resources. This home occupation will be in harmony with the purpose of the Rural Areas. with the uses permitted by right in the district, By-right uses in the RA district are single family, and duplex housing, agricultural uses, public buildings and uses; veterinary services; tourist lodging; mobile homes; and farm wineries. Home occupations in detached structures are allowed with a special use permit. The proposed home occupation is viewed as being in harmony with these uses. with additional regulations provided in Section 5. 0 of this ordinance, 5.2.2 REGULATIONS GOVERNING HOME OCCUPATIONS 5.2.2.1 The following regulations shall apply to any home occupation: ao Such occupation may be conducted either within the dw.elling or an accessory structure, or both, provided that not more than twenty-five (25) percent of the floor area of the dwelling shall be used in the conduct of the home occupation and in no event shall the total floor area of the dwelling, accessory structure, or both, devoted to such occupation, exceed one thousand five hundred (1,500) square feet; provided that the use of accessory structures shall be permitted only in connection with home occupation, Class B; The applicant is requesting a waiver from this regulation. The size of the house is approximately 1625 square feet and the size of the garage s~cond level is approximately 500 square feet, which is more than 25% of the floor area of the house. Staff cannot foresee any negative impact in granting this waiver. bo There shall be no change in the outside appearance of the buildings or premises, or other visible evidence of the conduct of such home occupation other than one (O sign. Accessory structures shall be similar in facade to a 2 single-family dwelling, private garage, shed, barn or other structure normally expected in a rural or residential area and shall be specifically compatible in design and scale with other development in the area in which located. Any accessory structure which does not conform to the setback and yard regulations for main structures in the district in which it is located shall not be used for any home occupation; The applicant is not proposing to have a sign. The garage is of similar design to the existing house. The applicant is requesting a waiver from the setback of the garage. The accessory structure should be 25 feet from the property line. The applicant's garage is approximately 16 feet from the property line. This location should not negatively impact adjacent property owners. Staff has received several letters of support from neighbors. Staff supports this waiver request and recommends the Planning Commission approval. do eo There shall be no sales on the premises, other than items hand crafted on the premises, in connection with such home occupation; this does not exclude beauty shops or one-chair barber shops; There will be no sales on the premises .... No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street; No videos will be produced on site nor will customers come to the site to purchase videos. The applicant will occasionally meet with consultants. The applicant will have a daily delivery from UPS. The applicant is also requesting approval for two employees. He currently has no employees and cannot predict when or iftheywill be needed, but would like the option for future growth. The applicant will not change the nature of his business if employees are hired in the future. If, in the future, the applicant hires two employees, this will create an additional four vehicle trips per day. Staff finds the additional traffic from UPS andemployees to be a nominal increase from the current traffic and are acceptable. All home occupations shall comply with performance standards set forth in section 4.14; The applicant's request will comply with the performance standards set forth in Section 4.14. 3 Tourist lodging, nursing homes, nursery schools, day care centers and private schools shall not be deemed home occupations. N/A and with public health, safety, and general welfare. VDOT's comments can be found on Attachment C. VDOT is not recommending any improvements other than to keep the vegetation clear near the driveway. There is not adequate site distance to the east of the driveway do to a very sharp curve. The geometrics of the curve do not allow traffic to travel at a high rate of speed. The poor site distance is not a concern to VDOT or staff because the applicant will not have customers come to the site. SUMMARY The applicant is requesting a waiver from the setback of the garage. The Zoning Ordinance (5.2.2.1 .b) stipulates the accessory structure should be 25 feet from the property line. The applicant's garage is approximately 16 feet from the property line (Attachment D). This location should not negatively impact adjacent property owners. Staff has received several letters of support from neighbors (Attachment E). Staff supports this waiver request and recommends the Planning Commission approval. RECOMMENDATION Staff recommends approval of the applicant's request for a Class B Home Occupation with two employees with conditions below. Staff also recommends approval of the waiver request for size of the accessory structure and the property line setback. 1. Not more than two employees except for family members who reside on site; 2. The home occupation shall be limited to the second level of the garage, which is approximately 500 square feet; 3. No signs for the business shall be posted on the property; and 4. Use shall comply with the following provisions of Section 4.14 of the Albemarle County Zoning Ordinance. 4.14.1 NOISE All sources of noise (except those not under direct control of occupant of use, such as vehicles) shall be subject to and comply with section 4.18. (§ 4.14-12-10-80; Ord. 00-18(3), 6-14-00) 4.14.2 VIBRATION 4 The produce of displacement in inches times the frequency in cycles per second of earthborne vibrations from any activity shall not exceed the values specified below when measured at the points indicated. 4.14.2.1 METHOD OF MEASUREMENT Earthborne vibrations shall be measured by means of a three component recording system, capable of measuring vibration in three mutually perpendicular directions. The displacement shall be the maximum instantaneous vector sum of the amplitude in the three directions. 4.14.2.2 MEANING OF TERMS Vibrations means the periodic displacement of oscillation of the earth. Area of Measurement At residential At other lot lines Type of vibration district boundaries within district Continuous .00 .015 Impulsive (100 per minute or less) .006 .030 Less than 8 pulses per 24 hours .015 .075 4.14.3 GLARE No direct or sky reflected glare, whether from flood lights or from high temperature processes such as combustion, welding or otherwise, so as to be visible beyond the lot line, shall be permitted except for signs, parking lot lighting and other lighting permitted by this ordinance or required by any other applicable regulation, ordinance or law. However, in the case of any operation which would affect adversely the navigation or control of aircraft, the current regulations of the Federal Aviation Administration shall apply. 4.14.4 AIR POLLUTION Rules of the State Air Pollution Control Board shall apply within Albemarle County. Such rules and regulations include coverage of: emission of smoke and other emissions from stationary sources; particulate matter; odor; particulate emission from indirect heating furnaces; open burning; incinerators; and gaseous pollutants. 4.14.5 WATER POLLUTION Rules of the State Water Control Board shall apply within Albemarle County. 4.14.6 RADIOACTIVITY There shall be no radioactivity emission which would be dangerous to the health and safety of persons on or beyond the premises where such radioactive material 5 is used. Determination of existence of such danger and the handling of radioactive materials, the discharge of such materials into the atmosphere and strems ~and other water, and the disposal of radioactive wastes shall be by reference to and in accordance with applicable current regulations of the Department of Energy, and in the case of items which would affect aircraft navigation or the control thereof, by applicable current regulations of the Federal Aviation Administration, and any applicable laws enacted by the General Assembly of the Commonwealth of Virginia or the requirements of the Virginia Air Pollution Act, whichever is greater. 4.14.7 ELECTRICAL INTERFERENCE There shall be no electrical disturbance emanating from any lot which woUld adversely affect the operation of any equipment on any other lot or premises and in the case of any operation which would affect adversely the navigation or control of aircraft, the current regulations of the Federal Aviation Administration shall apply. 4.14.8 CERTIFIED ENGINEER REPORT SUBMITTAL Each future occupant of an industrial character shall submit to the county engineer as precedent to issuance of a zoning compliance clearance a certified engineer's report describing the proposed operation, all machines, processes, products and by-products, stating the nature and expected levels of emission or discharge to land, air and/or water or liquid, solid or gaseous effluent and electrical impulses and noise under normal operations, and the specifications of treatment methods and mechanisms to be used to control such emission or discharge. The county engineer shall review the applicant's submittal and make comment and recommendation prior to final commission action on the site development plan. (Amended 9-9-92) ATTACHMENTS: A. Application B. Location Map C. Comments from VDOT D. Plat of Property E. Letters Of Support 6 ATTACHMENT A County of'Albemarle .:- Department of Building Code and Zoning Services Appfication for SPeCial Use Permit '~oj.., ~.m.~..,,.,--.,¢.,,...,--,,,.?,, Spratt garage ~ffice (~1¢ ,%r ~:('(' ~0 ,~ / .... ~*~.~,,~gu,, ~_~.~t..,,~.~ ~ ~o~o,,dU~. Office spa~e & guest qua~ers ~umher of acres ~o be ~overed by Speci~ Use P~rmit at, ~t~t[~u~u~t~ dci~l~ u~ Is this an amendment to an existing Special Usu Permit? Are yna rabmiuing a ~;te development plan with this application7 G Yes~qo ~[ Yes~ Ne Address 4320 Burton Road City N Garden state VA zip 22959 : (804 296-$465 296-2289 andy@FamilyHealthMed ia.corn iDaytime Phone . ) Fax # E-mail Owner of'land (~ listcdm ~h¢ COunty'~ records): Address same as above Andy & Debbie Spratt State Zip Daytime Phone ( ) Fax # E-mail Address City same as above State Zip ~ Day~ime Phone ( __ ) Fax # E-mail '" a and arcet Map 87 Parcel 50 [tax m p - ~ 432(~ Burton Road, N. Garden, VA 22959 [Locationofproperty(l,ndm,r~.i,,:¢rs¢cuor-~.orot.~¢r) ~ '~.~ O Physical Address i Does Lhe owner of' this property own (or have any owne:'ship interest in) any abutting property? If' yes, please list those tax map a.nd parceI numbers N O. Fee amount $ ~ Ristory: Q Special Use Permits: Cl Z,MAa and Proffcrs: Variances- Concurrent review of Site Development Plan? Letter c~' Authorization Yes ,'3 No 401 Mclntire Road + Charlottesville, VA 22902 + Voice: 296-5832 + Fax: 972-4126 Section 31.2.4. i of the Albemarle County Zoning Ordinande 'States that, "The board of supervisors hereby reserves unto itself the mght to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued, upon a finding by the board, of supervisors that such use will not be of substantial detriment to adjacent property, that the character of the district will not be changed thereby and that such use will be in harmony with the purpose and intent of this ordinance, with the uses permitted by right in the district, with additional regulations provided in section 5.0 of this ordinance, and with the public health, safety and general welfare. The items which follow will be reviewed by the staff in their analysis of your request. Please complete this form and provide additional information which will assist the County in its review of your request. If you need assistance filling out these items, staff is available. What is thc Comprehe~ive Plan designation for this property? ~r~,l '~-Fe. HS How will thc proposed special we affect adjacent property? How wi'..'[ the proposed special use affect tt'.e cP. amcter of the. c[istrict surrounding [he property? HOw is the use inharmony With tM purpose and intent orthe Zoning Ordinance~ How is the use in lmmnony with the uses permitted by right in the district? What additional regulations provided in Section 5.0 of tt-.c Zoning Ordinance app y to this use? How will this use promote the public health, safety, and general welfare o£ the community? 8 Describe your request in detail and include all pertinent information such as the numbers, of persons involved in tlze use, operating hours, and any unique features of the use: t have operated my business (Family Health Media) from an office inside my home on this property since 1992. We built a detached garage on the property in 1994 with an unfinished room above the garage. We now intend to finish th~tairs portion of the garage into a guest quarters and office space and move my office from insde the home out to the garage office. In my business I design health education videotapes and sell them by direct mail to hospitals across the country. I do not produce the videos at my office, nor do customers come to my office to buy items, t occasionally meet with consultants in my office. The only traffic generated by my business operation is UPS pickup. There are no employees other than myself, although I have hired temporary help on rare occasions. I typically operate from &OOAM to 5:00PM Monday to Friday. There are no outward signs of a business operation, and there will be no changes in how I operate the business in the new office. ATTACI-hMENTS REQUIRED - provide two(2) copies of each: Recorded plat or boundary survey of the property requested for the rezoniag, tf 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 needs to be described or delineated on a copy of ,,he plat or surveyed drawing. ©wnersixip information - If ownership of the property is in rite 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 LO do so. ri' the applicant is a contract purchaser, a document acceptable to the County must be submitted containing t[xe 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 tkat is evidence of the existence and scope of the agency. OPTIONAL ATTACHMENTS: Drawings or conceptual plans, if any. Additional Information, if any. I hereby certify, that I own the subject property, or have the legal power to act on behalf of the owner in filing al'tis application. ! also cerlJfy that the information provided is true and accurate to the best of my Signaturek//-'~ -'---- Date Walter Andrew Spratt 804-296-8465 Printed Name Daydme phone number of Signatory 9 AmendmentS to Application for Special Use Permit SP-2000-065 Date of amendments: October 20, 2000 Original date of application: October 16, 2000 Walter Andrew Spratt 4320 Burton Road, North Garden VA 22959 804-296-8465 Amendments included: 1. Additional information added to page 2 of the application form 2. Letters from neighbors in support of this application 3. Plat from Albemarle c°un~ C0Ur~h0use 4. Sign. ature page revised to include wife's signature Section 31.2.4.1 of the &Ibc,marie County Zoning Ordinance states that, "The board of supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued, upon a finding by the board of supervisors that such use will not be of substantial detriment to adjacent property, that the character of the district will not be changed thereby and that such use.will be in harmony with the purpose and intent of this ordinance, with the uses permitted by right in the district, with additional regulations provided in section 5.0 of this ordinance, and with the public health, safety and general we[fare. The items which follow will be reviewed by the staff in their analysis of your request. Please complete this form and provide additional information which will assist the County in its review of your request. If you need assistance filling out these items, staff is available. RURAL AREAS What is th~ Comprehensive Plan designation for this property? Howwill thc proposed specie[ uso affect adjacent pro.my? There will be no affect on the adjacent property caused by moving the office from the home to the garage. I will continue to operate the business in the garage office in the same manner I have operated it in my home office since 1992. Please refer to the three attached letters.from each of my immediate neighbors in support of this move. How wiit the proposed special use affect the character of the ~tistrict surrounding *.he property? There will be no affect on the character of the district surrounding the property caused by moving the office from the home to the garage. How is the uso in harmony with the purpose and latent of [he Zoniag Ordinance?. How is the use in Imnnony with the uses permitted by right in the district? Whal. addition'.,] rcgulauons provided in Section 5.0 of d'.c Zoning Ordinance appty to t?tis usc? Section 5.2.2.1 .b, states the setback for accessory structures used for home occupations should be the same as the 25' setback for main structures. The garage structure is located 16' from the property line. respectfully request a waiver from this regulation, and refer you again to the supportive letters from neighbors as evidence of the non-impact of this office on the local environment. How will this use promote He pubiic health, sat'cry, and general welfare o1' the community? In my buSiness I design health education media, and this activity, I believe, has a positive impact not only on patient populations across the nation but in our local community as well, since my programs are in current use by both local hospitals. Furthermore, the actual design of these media is inconspicuous to the local residents, and production is conducted off site in Richmond. _-.Y;'I" ' / / \ '\ ~UI~I I ¥ ATTACHMENT B 86 /: 3 99 SAMUEL MILLER DISTRICT 35C 1Se / / 63el SECTION 87 Mr. David Benish December Public Hearing Submittals ATTACHMENT C SP-00-063 Grace Episcopal Church~ Route 231 Sight distance is inadequate to the north (460') and adequate to the south. Our speed study indicated that 550' sight distance is required to meet commercial entrance standard. It does not appear that adequate sight distance is available along the developed pOrtion of their site frontage. Adequate sight distance might be achieved down toward bottom of hill to south, but intersection sight distance may be lost. Existing entrance is 30' wide at 25' from centertine, and 16' wide at the stone gate (about 37' from edge of pavement). We recommend that significant increases in site traffic not be allowed at this entrance. We recommend a 25' ROW dedication from roadway centerline along Route 231 frontage for future roadway improvements if such ROW does not already exist. SP-00-064 David Weber (Triton PCS), ROute 708 We recommend the entrance have commercial sight distance. Existing communications pole has adequate sight distance with minimal tree trimming. SP-00-065 Andy Spratt, Route 711 entrance near Driveway does not have adequate sight distance to the east. If vegetation remains adequately trimmed, driveway is wide enough to accommodate two way traffic at entrance. SP-00-066 Philip Marshall (CharlOttesville Cellular), Route 777 No comment at this time. SP-00-067 Pace (Triton PCS), Route 621 Access should be from Route 621, and should meet commercial sight distance standards. SP-00-068 Terry Deanne Dance Studio, Route 250W Full frontage improvements and commercial entrance required along Route 250. All future development from these two parcels should share one entrance. As other sites develop in these parcels, 2 outbound lanes may be needed at entrance. The applicant should agree to construct traffic signal if it is warranted at their entrance in the future. SP-00-069 Robert Hauser Homes (Avemore), Route 20 See comments below for ZMA-00-010. PLAT SHOWING PHYSICAL SURVEY PARCEL 50 ON TAX MAP 87 SAMUEL MILLER DI!STRICT ALBEMARLE COUNTY, VIRGINIA SCALE: 1" - = 100' JULY o, 199~' ' LINE TABLE oo S 6~'43'15.9' t,/ 97.00 bo S ?5'O6'Ol),~' ¥ 90.5B, ca S 06'14'D[~0' V 7&781 ATTACHMENT D THIS' CERTInES THAT ON 7/~/{e ?-, SURV~D THE ~c~.~m'r SHO(CJN~HEREON. AND IHE' I~PR~E~ ~E ~ SHO~ ON THIS ~T. ~/t6 SU~ECT PROPER~ LIES W~HIN HUD FLOOD ZONE C. (NOT A ~OOD ~D ~ou:T.M. 87 PAR. 50A 2.9991 T.t~. 87 PAR. 50 D.B. 1074 P. 135(PLAT~ ' ~" ~ ~12 -".\-, AC. STORY STUCCO C~STE~N ~ 711 12627 ow[TM FOUND PIPE FOUND L T.M. 87 PAR. 55 200 SCALE IN FEET ATTACHMENT E Oct. 17, 2000 To Whom It May Concern: We are neighbors of Andy Spratt on Burton Road. We are writing in support of his request for a business license for Family Health Media. We cannot think of any reason that this business would cause any problem for our family or anyone else in the immediate neighborhood. Andy Spratt has always been a conscientious and helpful neighbor. We hope that you are able to grant his request and support his business efforts. Please feel free to contact us. Sincerely, Miriam Rushfinn Nate Rushfinn 4306 Burton Road North Garden, VA 22959 977-8686 ATTACHMENT E October 16, 2000 To Albemarle County Zoning Representative: Andy Spratt operates his business (Family Health Media) from his home office with no impact on the local neighborhood. We are supportive of his garage office proposal. 17 ATTACHMENT E Ann Lamb Peery 3335 Monacan Trail Road North Garden, vA 22959 (804) 296-2001 October 18, 2000 To whom this may concern, ]: am a neighbor of Andy Spratt (4320 Burton Road, North Garden.) Andy has advised me of his intent to relocate his business, Family Health IVledia, into his garage which borders my yard. The relocation and operation of his business from this site will not cause any complaint or grievance from my household. 1: wish him well in this business venture. Sincerely, 18 COUNTY OF ALBEMARLE De~artment 0f Planning & Community DeVeloPment 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 December 21, 2000 Andy or Debbie Spratt 4320 Burton Road North Garden, VA 22959 RE: SP-2000-65 Andy Spratt; Tax Map 87, Parcel 50 Dear Mr. & Mrs. Spratt: The Albemarle County Planning Commission, at its meeting on DeCember 12, 2000/unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: Not more than two employees except for family members who reside on site; The home occupation shall be limited to the second level of the garage, which is approximately 500 square feet; No signs for the business shall be posted on the property; and Use shall comply with the following provisions of Section 4.14 of the Albemarle County Zoning Ordinance. The Commission also approved the waivers for the setback of the garage and for the size of the accessory structure - Condition #2. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on January 17, 2001. 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. Sin Juandiego Wade V Transportation Planner Cc: Ella Carey Amelia McCulley Jack Ketsey Steve AIIshouse Bob Ball STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: JUANDIEGO R. WADE DECEMBER 12, 2000 JANUARY 17, 2001 SP 2000'065 SPRATT HOME OCCUPATION Applicant's Proposal: The applicant proposes to establish a home occupation to design health education videotapes in his garage. (Attachment A) Petition: Request for a special use permit to allow a home occupation to design health education videotapes in accordance with Section 10.2.2.31 of the Zoning Ordinance which allows for home occupations. The property, described as Tax Map 87 Parcel 50, contains 2.959 acres, and is located in the Samuel Miller Magisterial District on Burton Road [Rt. 711] approximately 250 feet from the intersection of Route 29 and Burton Road-Route 711. The property is zoned Rural Areas- tEA. The Comprehensive Plan designates this property as Rural Area. (Attachment B) Character of the Area: The area can be described as rural residential. The applicant's home has a house to the side and front of it. RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recommends approval of the applicant's request for a Home Occupation-Class B with conditions. Planning and Zoning History: There is no planning history associated with this property. Comprehensive Plan: The Comprehensive Plan designates this property as Rural Area. STAFF COMMENTS: 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, The applicant has had a Class A Home Occupation since 1992. The applicant is requesting a Class B Home Occupation because the business will move from the house to the garage's second level. There will be no other change in the business. The applicant only writes the health video scripts. There will be no videos produced at the applicant's home. They are produced and sold at other locations. Staffdoes not foresee this home occupation will have any detrimental impact to adjacent properties. that the character of the district will not be changed thereby, The rural areas district is characterized by open space, agricultural uses and very low density residential uses. The only change to the home will be to "finish off' the garage second level. The garage was constructed in 1994. The home occupation will not change the character of the district. and that such use will be in harmony with the purpose and intent of this ordinance, The RA zoning district was created to establish a zone that provides for preservation of agricultural and forestral lands and activities; provide for water supply protection; be an area of limited service delivery; and to conserve natural, scenic, and historic resources. This home occupation will be in harmony with the purpose of the Rural Areas. with the uses permitted by right in the district, By-right uses in the RA district are single family, and duplex housing, agricultural uses, public buildings and uses; veterinary services; tourist lodging; mobile homes; and farm wineries. Home occupations in detached structures are allowed with a special use permit. The proposed home occupation is viewed as being in harmony with these uses. with additional regulations provided in Section 5. 0 of this ordinance, 5.2.2 REGULATIONS GOVERNING HOME OCCUPATIONS 5.2.2.1 The following regulations shall apply to any home occupation: Such occupation may be conducted either within the dw.elling or an accessory structure, or both, provided that not more than twenty-five (25) percent of the floor area of the dwelling shall be used in the conduct of the home occupation and in no event shall the total floor area of the dwelling, accessory structure, or both, devoted to such occupation, exceed one thousand five hundred (1,500) square feet; provided that the use of accessory structures shall be permitted only in connection with home occupation, Class B; The applicant is requesting a waiver from this regulation. The size of the house is approximately 1625 square feet and the size of the garage second level is approximately 500 square feet, which is more than 25% of the floor area of the house. Staff cannot foresee any negative impact in granting this waiver. There shall be no change in the outside appearance of the buildings or premises, or other visible evidence of the conduct of such home occupation other than one (1) sign. Accessory structures shall be similar in facade to a 2 single-family dwelling, private garage, shed, barn or other structure normally expected in a rural or residential area and shall be specifically compatible in design and scale with other development in the area in which located. Any accessory structure which does not conform to the setback and yard regulations for main structures in the district in which it is located shall not be used for any home occupation; The applicant is not proposing to have a sign. The garage is of similar design to the existing house. The applicant is requesting a waiver from the setback of the garage. The accessory structure should be 25 feet from the property line. The applicant's garage is approximately 16 feet from the property line. This location should not negatively impact adjacent property owners. Staff has received several letters of support from neighbors. Staff supports this waiver request and recommends the Planning Commission approval. Co d° There shall be no sales on the premises, other than items hand crafted on the premises, in connection with such home occupation; this does not exclude beauty shops or one-chair barber shops; There will be no sales on the premises. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street; No videos will be produced on site nor will customers come to the site to purchase videos. The applicant will occasionally meet with consultants. The applicant will have a daily delivery from LIPS. The applicant is also requesting approval for two employees. He currently has no employees and cannot predict when or if they will be needed, but would like the option for future growth. The applicant will not change the nature of his business if employees are hired in the future. If, in the future, the applicant hires two employees, this will create an additional four vehicle trips per day. Staff finds the additional traffic from LIPS and employees to be a nominal increase from the current traffic and are acceptable. All home occupations shall comply with performance standards set forth in section 4.14; The applicant's request will comply with the performance standards set forth in Section 4.14. 3 f. Tourist lodging, nursing homes, nursery schools, day care centers and private schools shall not be deemed home occupations. N/A and with public health, .safety, and general welfare. VDOT's comments can be found on Attachment C. VDOT is not reco~ending any improvements other than to keep the vegetation clear near the driveway. There is not adequate site distance to the east of the driveway do to a very sharp curve. The geometrics of the curve do not allow traffic to travel at a high rate of speed. The poor site distance is not a concern to VDOT or staff because the applicant will not have customers come to the site. SUMMARY The applicant is requesting a waiver from the setback of the garage. The Zoning Ordinance (5.2.2.1.b) stipulates the accessory structure should be 25 feet from the property line. The applicant's garage is approximately 16 feet from the property line (Attachment D). This location should not negatively impact adjacent property owners. Staff has received several letters of support from neighbors (Attachment E). Staff supports this waiver request and recommends the Planning Commission approval. RECOMMENDATION Staff recommends approval of the applicant's request for a Class B Home Occupation with two employees with conditions below. Staff also recommends approval of the waiver request for size of the accessory structure and the property line setback. 1. Not more than two employees except for family members who reside on site; 2. The home occupation shall be limited to the second level of the garage, which is approximately 500 square feet; 3. No signs for the business shall be posted on the property; and 4. Use shall comply with the following provisions of Section 4.14 of the Albemarle County Zoning Ordinance. 4.14.1 NOISE All sources of noise (except those not under direct control of occupant of use, such as vehicles) shall be subject to and comply with section 4.18. (§ 4.14-12-10-80; Ord. 00-18(3), 6-14-00) 4.14.2 VIBRATION 4 The produce of displacement in inches times the frequency in cycles per second of earthborne vibrations from any activity shall not exceed the values specified below when measured at the points indicated. 4.14.2.1 METHOD OF MEASUREMENT Earthbome vibrations shall be measured by means of a three component recording system, capable of measuring vibration in three mutually perpendicular directions. The displacement shall be the maximum instantaneous vector sum of the amplitude in the three directions. 4.14.2.2 MEANING OF TERMS Vibrations means the periodic displacement of oscillation of the earth. Area of Measurement Type of vibration district boundaries Continuous Impulsive (100 per minute or less) At residential At other lot lines within district .00 .015 .006 .030 Less than 8 pulses per 24 hours .015 .075 4.14.3 GLARE No direct or sky reflected glare, whether from flood lights or from high temperature processes such as combustion, welding or otherwise, so as to be visible beyond the lot line, shall be permitted except for signs, parking lot lighting and other lighting permitted by this ordinance or required by any other applicable regulation, ordinance or law. However, in the case of any operation which would affect adversely the navigation or control of aircraft, the current regulations of the Federal Aviation Administration shall apply. 4.14.4 AIR POLLUTION Rules of the State Air Pollution Control Board shall apPly within Albemarle County. Such rules and regulations include coverage of: emission of smoke and other emissions from stationary sources; particulate matter; odor; particulate emission from indirect heating furnaces; open burning; incinerators; and gaseous pollutants. 4.14.5 WATER POLLUTION Rules of the State Water Control Board shall apply within Albemarle County. 4.14.6 RADIOACTIVITY There shall be no radioactivity emission which would be dangerous to the health and safety of persons on or beyond the premises where such radioactive material 5 is used. Determination of existence of such danger and the handling of radioactive materials, the discharge of such materials into the atmosphere and stre~s and Other water, and the disposal of radiOactiVe wastes Shall be by reference to and in accordance with applicable current regulations of the Department of Energy, and in the case of items which would affect aircraft navigation or the control thereof, by applicable current regulations of the Federal Aviation Administration, and any applicable laws enacted by the General Assembly of the Commonwealth of Virginia or the requirements of the Virginia Air Pollution Act, whichever is greater. 4.14.7 ELECTRICAL INTERFERENCE There shall be no electrical disturbance emanating from any lot which would adversely affect the operation of any equipment on any other lot or premises and in the case of any operation which would affect adversely the navigation or control of aircraft, the current regulations of the Federal Aviation Administration shall apply. 4.14.8 CERTIFIED ENGINEER REPORT SUBMITTAL Each future occupant of an industrial character shall submit to the county engineer as precedent to issuance of a zoning compliance clearance a certified engineer's report describing the proposed operation, all machines, processes, products and by-products, stating the nature and expected levels of emission or discharge to land, air and/or water or liquid, solid or gaseous effluent and electrical impulses and noise under normal operations, and the specifications of treatment methods and mechanisms to be used to control such emission or discharge. The county engineer shall review the applicant's submittal and make comment and recommendation prior to final commission action on the site development plan. (Amended 9-9-92) ATTACHMENTS: A. Application. B. Location Map C. Comments from VDOT D. Plat of Property E. Letters Of Support 6 ATTACHMENT A County of Albemarle .:. · Department of Building Code and Zoning Services Application for speCial USe permit ,,, ~o~o,,a ~,, Office space & guest qua~ers *Zoning District ~ (*staff will assist you wi~h thc~¢ items) Is this an amendment to aa existing Sp~:ial Usu Permit? Are you submitting a s~te development plan with thi~ apptieation7 '~ Y es~qo ~ Y e..s~ Ne Address 4320 Burton Road City N. Garden iDaytime Phone (804) 29~-84~5 Fax ~ 29e-2289 VA 22959 State__ Zip E-mail andyC_.FamilyHealthMedia.com iO wrier of land (~s lis~cd m the County's records): IAddress same as above Daytime Phone ( ,. ) Andy & Debbie Spratt' Fax # _ City State E-mail Zip ~ Address City Daytime Phone ( __ ) F~ ff same as above State__ E-mail Zip __ Tax map and parcel Map 87, Parcel 50 4320 Bu?ton RoadTN'. Garden, VA 22959 iLocationofproperty(lanama~a,i,,:¢rsezuo~a.~ret.~¢,~ k~ '~.,~ 0 Physical Address ora.$¢ga,~d) ', i! Does the owner of this property own (or have any ownership interest in) any abuuing property? If yes, please list I those tax map and parcel numbers N O. Fcc amount .~ ~--)1' .; Dar= Paid History: ~ Special Use Pcrmit~: Cl ZMAs and Proffers: ~ Letter ct' Au[hodzation Concurrent :ewcw of S~m Development Ptan. O Yes O No ~tire Ro~d + Chm-bt~esvillc, VA 22902 +Voic:: 296-5832 + Fax: 972-4126 Section 3 1.2.4. i of the Albemarle County Zoning Ordinand~ States that, "Thc board of supervisors hereby reserves unto itself the right to issue all special use permits perrmtted hereunder. Special use permits for uses as provided in this ordinance may be issue4 upon a finding by the board of supervisors that such use wilt not be of substantial detriment to adjacent property, that tko character of the district will not be changed thereby and that such use will be in harmony with the purpose and intent of this ordinance, with the uses permitted by right in the district, with additional regulations provided in section 5.0 of this ordinance, and with the public health, safety anti general welfare. The items which follow will be reviewed by the staff in their analysis of your request. Please complete this form and provide additional information which will assist the County in its review of your request. If you need assistance filling out these items, staff is available. What is the Comprehensive Plan designation for this property? ~ rc~\ ~Fe. ckS How will thc proposed special use affect adjacent property? How will the proposed special use a,,ect tt'.e character of the district surrounding :he property*. How is th, Use inharmony With thepurp°se and ia~ent of the Zoning Ordinance? How is the use in karmony with the uses permitted by right in the district? What additional rcgulauons provided in Section 5.0 of d'.c Zoning Ordinance apply to this usc7 How will this use promote the public hcalth, safety, and general welfare of the community? 8 Describe your request ia detail and include ~l pertinent information such as the numbers of persons involved in the use, operating hours, and any unique features of thc use: I have operated my business (Family Health Media) from an office inside my home on this property since 1992. We built a detached garage on the property in 1994 with an unfinished room above the garage. We now intend to finish thr~tairs portion of the garage into a guest quarters and office space and move my office from insde the home out to the garage office. In my business I design health education videotapes and sell them by direct mail to hospitals across the country. I do not produce the videos at my office, nor do customers come to my office to buy items. I occasionally meet with consultants in my office. The only traffic generated by my business operation is UPS pickup. There are no employees other than myself, although I have hired temporary help on rare occasions. I typically operate from B:OOAM to 5:00PM Monday to Friday. There are no outward signs of a business operation, and there will be no changes in how I operate the business in the new office. ATTACI-DdENTS 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 ownership of the property is in tlze 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 LO do so. ;, i 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 ATni'A CH.'vI~N'T S: Drawings or conceptual plans, if any. Additional Information, if any. I hereby cerd~ that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also cert~y that the information provided is true and accurate to the best of my Signature ~ te Walter Andrew Spratt 804-296-8465 Printed Name Daydme phone number of Signatory 9 Amendments to Application for Special Use Permit SP-2000-065 Date of amendments: October 20, 2000 Original date of application: October 16, 2000 Waiter Andrew Spratt 4320 Burton Road, North Garden VA 22959 804-296-8465 Amendments included: 1. Additional information added to page 2 of the application form 2. Letters from neighbors in support of this application 3. Plat from Albemarle County CoUrthouse 4. Sign. ature page revised to include wife's signature 10 Section 31.2.4. i of the Albemarle County Zoning Ordinance states that, "The board of supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the board, of supervisors that such use will not be of substantial detriment to adjacent property, that the character of the district will not be changed thereby and that such use .will be in harmony with the purpose and intent of this ordinance, with the uses permitted by right in the district, with additional regulations provided in sect.ion 5.0 of this ordinance, and with the public health, safety and general welfare. The items which follow will be reviewed by the staff in their analysis of your request. Please complete this form and provide additional information which will assist the County in its review of your request. If you need assistance filling out these items, stair is available. RURAL AREAS What is the Comprehensive Plzn designation for this property? Howwill thc proposed special use affect adiacent property? There will be no affect on the adjacent property caused by moving the office from the home to the garage. I will continue to operate the business in the garage office in the same manner I have operated it in my home office since 1992. Please refer to the three attached letters.from each of my immediate neighbors in support of this move. How will. the proposed special use a~fect tee character of the district surrounding ~.be property? There will be no affect on the character of the district surrounding the property caused ..... by moving the office from the home to the garage. How is the use in harmony with the purpose and ia;ent of the Zoning Ordinance? How is the use [n lxannony with the uses permitted by right in the district? What addition~ rcgulauons provided in Section 5.0 of t~'.c Zoning Ordinance acply to Lhis use? Section 5.2.2.1 .b, states the setback for accessory structures used for home occupations should be the same as the 25' setback for main structures. The garage structure is located 16' from the property line. respectfully request a waiver from this regulation, and refer you again to the supportive letters from neighbors as evidence of the non-impact of this office on the local environment. How will this use promote the pubI[c health, sat'eLy, and general welfare or' thc community? In my business I design health education media, and this activity, I believe, has a positive impact not only on patient populations across the nation but in our local community as well, since my programs are in current use by both local hospitals. Furthermore, the actual design of these media is inconspicuous to the local residents, and production is conducted off site in Richmond. 11 i /.~ L D I"' iVi/.,t I1 L r- 86 UUU~ I ¥ ATTACHMENT B // '~k''?' \ 35g SECTION 87 13 Mr. David Benish December Public Hearing Submittals ATTACHMENT C SP-00-063 Grace Episcopal Church, Route 231 Sight distance is inadequate to the north (460') and adequate to the south. Our speed study indicated that 550' sight distance is required to meet commercial entrance standard. It does not appear that adequate sight distance is available along the developed portion of their site frontage. Adequate sight distance might be achieved down toward bottom of hill to south, but intersection sight distance may be lost. Existing entrance is 30' wide at 25' from centerline, and 16' wide at the stone gate (about 37' from edge of pavement). We recommend that significant increases in site traffic not be allowed at this entrance. We recommend a 25' ROW dedication from roadway centerline along Route 231 frontage for future roadway improvements if such ROW does not already exist. SP-00-064 David Weber (Triton PCS), Route 708 We recommend the entrance have commercial sight distance. Existing entrance near communications pole has adequate sight distance with minimal tree trimming. SP-00-065 Andy Spratt, Route 711 Driveway does not have adequate sight distance to the east. If vegetation remains adequately trimmed, driveway is wide enough to accommodate two way traffic at entrance. SP-00-066 Philip Marshall (Charlottesville Cellular), Route 777 No comment at this time. SP-00-067 Pace (Triton PCS), Route 621 Access should be from Route 621, and should meet commercial sight distance standards. SP-00-068 Terry Deanne Dance Studio, Route 250W Full frontage improvements and commercial entrance required along Route 250. All future development from these two parcels should share one entrance. As other sites develop in these parcels, 2 outbound lanes may be needed at entrance. The applicant should agree to construct traffic signal if it is warranted at their entrance in the future. SP-00-069 Robert Hauser Homes (Avemore), Route 20 See comments below for ZMA-00'010. 14 ( ( ,,-, PLAT SHOWING PHYSICAL SURVEY PARCEL 50 ON TAX MAP 87 SAMUEL MILLER DI!STRICT ALBEMARLE COUNTY, SCALE: 1" = 100' JULY LINE TAI~E ~,., _t 6~"43'15.~' w 97.00 bc~ S 75'06'DO.lY V 9O.$Bi co. ~: [16'14'00.D' V 78.?e;I VIRGINIA 9, 1992' ATTACHMENT D THIS (::ER'TInES THAT ON 7 / c/J~ ~ I SURVEY'ED THE j~ROJ:?,[~Ty SHO'~N/~/HEREON. AND 'THE ' 1~4PROV~IENTS A~F AS SHOWN ON THIS PLAT. ~..,"~=/fJ/J.L,'~'~J'~ _VA. L,~.~. NU. ~44~ = -- SUBJECT PROPERTY LIES WITHIN HUD FLOOD 2ONE C. · (NOT A FLOOD HAZARD AREA) ~,rT.l~. 87 PAR. 50A 2.9991 AC. / T.kl. 87 PAR. 50 D.B. 1074. P. 1.35(PLAT) /~j~ T.I,,4. 87 PAR. 50C . -_. ,..,,, ,~' - - -~-~..~-. ,. FOUND ~TORY STUCCO ROU~£ 711 12627 leON F~OgND PIPE FOUND L T.M, 87 PAR. 55 5O SCALE IN FEET 2o,o ATTACHMENT E Oct. 17, 2000 To Whom It May Concern: We are neighbors of Andy Spratt on Burton Road. We are writing in support of his request for a business license for Family Health Media. We cannot think of any reason that this business would cause any problem for our family or anyone else in the immediate neighborhood. Andy Spratt has always been a conscientious and helpful neighbor. We hope that you are able to grant his request and support his business efforts. Please feel free to contact us. Sincerely, Miriam Rushfinn Nate Rushfinn 4306 Burton Road North Garden, VA 22959 977-8686 ATTACHMENT E October 16, 2000 To Albemarle County Zoning Representative: Andy Spratt operates his business (Family Health Media) from his home office with no impact on the loCal neighborhood. We are supportive of his garage office proposal. '17 ATTACHMENT E Ann Lamb Peery 3335 Monacan Trail Road North Garden, VA 22959 (804) 296-2001 October 18, 2000 To whom this may concern, 7[ am a neighbor of Andy Spratt (4320 Burton Road, North Garden.) Andy has advised me of his intent to relocate his business, Family Health IViedia, into his garage which borders my yard. The relocation and operation of his business from this site will not cause any complaint or grievance from my household. 1~ wish him well in this business venture. Sincerely, 18