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HomeMy WebLinkAbout2002-05-019i00AiM M EETINGROOM241 ¢ o u. F r u, L D, N 2. 3. 4. 5. 6. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. COUNTY GOVERNMENT DAY Call to Order. Pledge of Allegiance. Moment of Silence. From the Public: Matters Not Listed on the Agenda. Consent Agenda (on next sheet). Transportation Matters. a. Discussion: Proffit Road, Request to restrict trucks between Route 20 and Route 29. b. Transportation Matters Not Listed on the Agenda. 9:30 a.m. - Juvenile Court Renovations. 10:00 a.m.- Appeal: ARB-(Sign)-2002-13 Toys "R" Us Sign.,~'-'-""~*~'-",~..w,.v.. *,v ..... v~.~vv: ....... ..~.." sign ~'--.~. Wood Gri!! Buffet. TM 6!Z, Sec 3, P !2. Znd PUD & EC. Rio Dist. (Applicant requests withdrawal.) 10:15 a.m. - SP-2001-065. Mosby Mountain Stream Crossing (Sign #82). Public hearing on a request to allow earthen fill and culvert crossing in the floodplain. Znd R1 & FH. TM90,P1B. Loc on Rt. 631 (Old Lynchburg Rd) across from Southwood Estates Mobile Home Park. Samuel Miller Dist. 10:30 a.m. - Board to Board Presentation, School Board Chairman. 10:45 a.m. - Public hearings: a. to amend the Albemarle County Code, Chapter 2, Administration, § 2-202, Compensation of board of supervisors, to increase the compensation of board of supervisor members by 3.8% from $11,230.00 per annum to $11,657.00 per annum. b. to amend the Albemarle County Code, § 2-102, Rio Magisterial District, of Article I, Elections, of Chapter 2, Administration, of the Albemarle County Code. The proposed ordinance would change the polling place for the Northside Precinct of the Rio Magisterial District from the Northside Fellowship Community Church, 1820 Airport Road, to the Buck Mountain Episcopal Church, 4133 Earlysville Road. c. pursuant to Section 11-105 of the Albemarle County Code, to receive public comments on a proposal to increase the park entry fees for Chris Greene, Mint Springs, and Walnut Creek Parks. 11:00 a.m. - CPA-02-01. Neighborhood Model Amendments to the Land Use Plan. Public hearing on a request for the proposed amendment would amend the Land Use Plan element of the Comprehensive Plan by revising the words describing the growth management policy, modifying the focus of the goals for development in the Development Areas from promoting the segregation of uses and neighborhoods to goals that are consistent with traditional neighborhood development, as reflected in the Neighborhood Model adopted by the Albemarle County Board of Supervisors on 5/16/2001, and by amending the guidelines and standards for design and uses in each of the land use designations within the Development Areas. The proposed amendment would also make corresponding changes to other provisions of the Comprehensive Plan as a result of the revisions described above. 11:20 a.m. - Presentation of Third Quarter Financial Report. From the Board: Matters Not Listed on The Agenda. Closed Session: Legal and Personnel Matters. 11:45 a.m. - BREAK FOR COUNTY GOVERNMENT DAY. Certify Closed Session. Appointments. Adjourn. FOR APPROVAL: 5.1 Approval of Minutes: October 3, 2001; January 16, February 6, February 20, March 6, March 13, March 20 and April 17, 2002. 5.2 Proclamation recognizing May as Teen Pregnancy Prevention Month. 5.3 Proclamation recognizing the week of May 12 through May 16, 2002 as Business Appreciation Week. 5.3a Proclamation recognizing May 12 through May 18, 2002 as Historic Preservation Week. 5.4 Camp Springs Development - CDBG Activity - waiver of bond for private road construction and water and sediment control. 5.5 Resolution to readopt the Emergency Operations Plan developed by the Emergency Operations Center Management Board which includes emergency operations procedures for the County, City and University of Virginia. 5.6 Appointment of Ches Goodall to the Thomas Jefferson Water Resource Protection Foundation. 5.7 Holstein Lane Road Name Change Request. 5.8 Yancey Elementary School - Deed of Easement for Simpson Park. 5.9 Set public hearing for May 15, 2002 on Albemarle County's Annual Plan for Administering Housing Choice Vouchers. 5.10 Authorize County Executive to sign agreements to use private facilities as polling places. 5.11 Resolution recognizing Albemarle County's "Twin Community" of Pacific County, Washington. FOR INFORMATION: 5.12 2002 First Quarter Building Report as prepared by the Department of Planning and Community Development. 5.13 Copy of draft Planning Commission minutes for March 26, 2002. 5.14 Letter dated April 16, 2002, from Norma C. Job, Regional VWP Engineer, Department of Environmental Quality, to Sally Thomas, Chairman, re: Reissuance of VPDES Permit No, VA0027065, Cooper Industries. 5.15 Copy of letter of correction dated April 18, 2002 from John Shepherd, Manager of Zoning Administration, to David J. or Goldie Belle Feigert, re: Official Determination of Development Rights and Parcels: Tax Map 43, Parcel 25E (Section 10.3.1). 5.16 Copies of orders from the Virginia State Corporation Commission Case Nos. PUA020010 and PUA020012, re: Joint Petitions of Comcast Business Communications of Virginia, LLC, Jones Telecommunications of Virginia, Inc., Comcast Corporation, AT&T Corp. and AT&T Comcast Corporation, for approval to change control of AT&T Broadband Phone of Virginia, Inc., to AT&T Comcast Corporation. 5.17 Copy of resolution adopted by the Albemarle County Service Authority Board of Directors on April 18, 2002 setting proposed changes to the Service Authority's schedule of fees and charges. 5.18 Charlottesville VDOT Residency Monthly Report, May 2002. ACTIONS Board of Supervisors Meeting of May 1, 2002 May 2, 2002 5,2, AGENDA ITEM/ACTION Call to Order. Meeting was called to order 9:00 a.m., by the Chairman, Ms. Thomas. All BOS members except Mr. Bowerman were present. Also present were Bob Tucker, Larry Davis, Ella Carey and Wayne Cilimberg. From the Public: Matters Not Listed on the Agenda. · Paul Grady spoke concerning the need to build Cell #5 at the Ivy Landfill. He mentioned concerns with VDOT's tree cutting on Route 250 West. He also has not seen the 2000 Dogwood trees VDOT said it would plant along Route 250 West. Proclamation recognizing May as Teen Pregnancy Prevention Month. ·ADOPTED and presented to Laurie McDade at Board meeting. 5.3. Proclamation recognizing the week of May 12 through May 16, 2002 as Business Appreciation Week. · ADOPTED. 5.3a. Proclamation recognizing May 12 through May 18, 2002 as Historic Preservation Week. ADOPTED. ASSIGNMENT Clerk: Acknowledge comments in letter for Chairman's signature. None. (Attachment 1) Clerk: Forward to Chamber of Commerce. (Attachment 2) Clerk: Forward to Margaret Maliszewski. (Attachment 3) NonAgenda. Mr. Tucker introduced the newly hired Director of Fire None. and Rescue, Mr. John D. (Dan) Eggleston. The Board APPROVED the appointment, effective April 15, 2002. Ron White/Mark Graham: Proceed as approved. 5.4. Camp Springs Development - CDBG Activity - waiver of bond for private road construction and water and sediment control. · To facilitate development of affordable housing and minimizie the cost, the Board APPROVED waiving the bond required for road development and water/sediment control management. 5.5. Resolution to readopt the Emergency Operations Plan developed by the Emergency Operations Center Management Board which includes emergency operations procedures for the County, City and University of Virginia. · ADOPTED the attached resolution. 5.6. Appointment of Ches Goodall to the Thomas Jefferson Water Resource Protection Foundation. · APPOINTED Ches Goodall to the Thomas Jefferson Water Resource Protection Foundation Board. 5.7. Holstein Lane Road Name Change Request. · APPROVED Holstein Lane name change and granted staff the authority to coordinate/implement the change. 5.8. Yancey Elementary School - Deed of Easement for Simpson Park. · AUTHORIZED County Executive to sign deed of easement Clerk: Forward resolution to Kaye Harden. (Attachment 4) Clerk: Notify Nick Evans of appointment and update Boards and Commissions book. Tex Weaver: Proceed as directed. Marsha Davis: Provide Clerk's office with copy of fully executed document. (Attachment 5) -Page 1- on behalf of the County. 5.9. Set public hearing for May 15, 2002 on Albemarle County's Annual Plan for Administering Housing Choice Vouchers. · SET public hearing for May 15, 2002. 5.10. Authorize County Executive to sign agreements to use private facilities as polling places. · AUTHORIZED County Executive to sign agreements to use private facilities as polling places. Resolution recognizing Albemarle County's "Twin Community" of Pacific County, Washington. ADOPTED the attached resolution. 5.11. Sa. 6b. Discussion: Proffit Road, Request to restrict trucks between Route 20 and Route 29. · SET a public hearing on restricting through trucks on Proffit Road between Route 29 and Route 20 for June 19th. MS. Thomas asked that the map show alternative routes for trucks traveling north. Transportation Matters not Listed on the Agenda. · Jim Bryan comments: o Expressed support forthe Board's action on Proffit Road and said he could provide an analysis for the public hearing. At Mr. Martin's request, Mr. Bryan said he would also provide a letter for the Board's June 19th packet. o His office will be hosting VDOT's yearly maintenance conference this year. As part of the conference, he plans to take the participants around the County to see different sites. o In reference to the sprouts on Route 250 West mentioned by Mr. Grady, VD©T will be fixing them. Also they have planted the trees on Route 250 West. · Lindsay Dottier comments: o The Carter family has asked if they can install an obelisk on the Carters' bridge. Mr. Bryan said he will asked VDOT's bridge people in Culpeper. · Dennis Rooker comments: o About five years ago a resolution was passed by all the communities along Route 15. He asked if any progress has been made in accomplishing the improvements requested. This route would provide an alternate for traffic seeking a north/south route. Mr. Bryan said he did not know, but will check into it. · Sally Thomas comments: o About a month ago it was suggested that Mr. Bryan and the Route 250 West Advisory Committee take a look at the Committee's charge and discuss any changes that could improve communication. The Committee will be meeting next week. She also discussed the closing of one of the passing lanes on Route 250. The community has mixed feelings Clerk: Advertise public hearing for May 15% Marsha Davis: Provide Clerk's office with copy of signed agreements. Clerk: Provide to Chairman for presentation. (Attachment 6) Clerk: Coordinate with Juan Wade advertisement for public hearing. Clerk: Forward comments to Jim Bryan. -Page 2- about this issue. o She learned the other day that there is no money for planning improvements to the intersection where Meadow Creek Parkway intersects with Mclntire Road and the existing Bypass. Mr. Bryan said preliminary engineering will be funded, but there is not a lot of activity going on right now. Regarding closing of the passing lane on Route 250 West, Mr. Bryan said he would present information to the Board at its June 5th meeting. Ms. Thomas said the Morgantown people are a part of the Ivy Neighborhood Association. Juvenile Court Renovations. · APPROVED the Negotiating Team's report and APPROVED moving forward with the design phase for the Juvenile and Domestic Relations Court expansion and renovation project. Roxanne White: Proceed as directed. 8. Appeal: ARB-(Sign)-2002-13 Toys "R" Us Sign. None. · ACCEPTED the applicant's request to withdraw appeal of ARB-(Sign)-2002-13 without prejudice. 9. Clerk: Set out conditions below. (Attachment 7) SP-2001-065. Mosby Mountain Stream Crossing (Sign #82). · APPROVED SP-2001-065 subject to the six conditions recommended by the Planning Commission. Board to Board Presentation, School Board Chairman. · Mr. Rooker asked for an updated list of the schools, number of students over a four-year period, and the number of FTEs at the school. · Mr. Koleszar asked if the Board would write a letter to the State Board of Education regarding SOQ's. 10. 11a. 11b. 11c. Public hearing to amend Albemarle County Code, Chapter 2, Administration, § 2-202, Compensation of board of supervisors, to increase the compensation of board of supervisor members by 3.8% from $11,230.00 per annum to $11,657.00 per annum. ADOPTED the attached ordinance. Public hearing to amend the Albemarle County Code, § 2-102 Rio Mag District, of Article I, Elections, of Chapter 2, Administration, of the Albemarle County Code. The proposed ordinance would change the polling place for the Northside Precinct of the Rio Mag District from the Northside Fellowship Community Church, 1820 Airport Road, to the Buck Mountain Episcopal Church, 4133 Earlysville Road. ADOPTED the attached ordinance. Public hearing pursuant to Section 11-105 of the Albemarle County Code, to receive public comments on a proposal to increase the park entry fees for Chris Greene, Mint Springs, and Walnut Creek Parks. · ADOPTED the attached Resolution. CPA-02-01. Neighborhood Model Amendments to the Land Use Plan. · NO ACTION. Additional work session SET for June 5th. 12. Dr. Castner: Provide information as requested. County Executive staff: Prepare statement for Chairman's signature. Clerk: Forward copy to Marsha Davis for inclusion in next update of County Code and notify Human Resources and Payroll. (Attachment 8) Clerk: Forward copy to Marsha Davis for inclusion in next update of County Code and copy Jackie Harris. (Attachment 9) Clerk: Forward copies to Marsha Davis and Pat Mullaney. (Attachment 10) Clerk: Include on June 5TM agenda. Elaine Echols: Provide additional information for Board meeting from DISC II. 13. Presentation of Third Quarter Financial Report. None. -Page 3- · ACCEPTED the Third Quarter Financial Report for FY 2001/02. 14. From the Board: Matters not Listed on the Agenda. · Larry Davis: o Staff has identified some additional legislation that allows $25.00 additional court costs on people being convicted or processed into the regional jail. He asked if the Board wanted to authorize going to public hearing on the fee. He does not believe it is a great revenue generator but it is a fee that is available. CONSENSUS of Board to proceed. · Dennis Rooker: o Said it would be helpful that Planning maps for a particular project show the proposed property in context with public facilities, natural areas, etc. The maps need to show some land marks, i.e., schools, shopping centers. Mr. Tucker said he would have staff prepare some information for the June 5th Board meeting. · ADOPTED the attached Resolution to deny claim asserted by Carolyn Napier and State Farm Fire & Casualty Insurance. 18. Appointments. · REAPPOINTED Stephen T. McLean, Ann H. Mallek and Marcia Joseph to the Acquisition of Conservation Easements (ACE) Committee, with terms to expire August 1,2005. · REAPPOINTED EIIora Young and Jerry E. Jones to Jordan Development Corporation, with terms to expire August 13, 2003. · REAPPOINTED Jeffrey B. Werner and Dennis S. Rooker to the Fiscal Impact Advisory Committee, with terms to expire July 8, 2004. · APPOINTED Charles Ward as the School Board representative on the Audit Committee. 19. Adjourn. The meeting was adjourned at 2:05 p.m. Wayne Cilimber,q: Prepare presentation for June 5TM' Clerk: Forward certified resolution to County Attorney's office. (Attachment 11) Clerk: Prepare appointment letters for Chairman's signature and advertise as directed. /ewc Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment 1 - Teen Pregnancy Prevention Month Proclamation 2 - Business Appreciation Week Proclamation 3 - Historic Preservation Week Proclamation 4 - Emergency Operations Plan Resolution 5 - Yancey Elementary School Deed of Easement 6 - Pacific County Resolution 7 - Planning Conditions 8 - Compensation of Board of Supervisors Ordinance 9 - Rio Magisterial District Ordinance 10 - Park Entry Fees Resolution 11 - Resolution to Deny Claim -Page 4- Attachment I TEEN PREGNANCY PREVENTION MONTH WHEREAS, WHEREAS, the consequences of pregnancies to teens (between the ages of 10 and 19) and teen parenthood tend to lead to a greater chance of the mother's dropping out of school, obtaining a poorer job and becoming dependent on welfare; the children born to teen parents tend to have less supporting and stimulating home environments, poorer health, lower cognitive development, worse educational outcomes, more behavior problems, and are more likely to become teen parents themselves; and WHEREAS, the 1999 Community Strategic Plan for Preventing Teen Pregnancies and STDs indicated that conservative estimates place the cost to our taxpayers of each teen birth at $37,000 over the lifetime of the mother and child; and WHEREAS, according to the Guttmacher Institute, a sexually active teen using no contraception over the course of a year has a 90 percent chance of pregnancy; and WHEREAS, the teen pregnancy rate in Albemarle County increased by more than 25 percent between 1996 and 1999, which calls for increased support for our community's prevention programs; and WHEREAS, teens sexual activity leads not only to unwanted pregnancies but increasingly to sexually transmitted diseases including AIDS; and WHEREAS, there is an urgent need to increase knowledge and awareness of issues related to teen pregnancy among young people, parents, youth leaders and others; NOW, THEREFORE, I, Sally H. Thomas, Chairman, on behalf of the Albemarle County Board of Supervisors, do hereby recognize MAY, 2002 as TEEN PREGNANCY PREVENTION MONTH and call its importance to the attention of all our citizens. -Page 5- Attachment 2 BUSINESS APPRECIATION WEEK 2002 WHEREAS, the Charlottesville Regional Chamber of Commerce is dedicated to representing private enterprise, promoting business and enhancing the quality of life in our community; and WHEREAS, the overall quality of life of our community is directly and substantially related to the continued vitality and success of private enterprise; and WHEREAS, this dynamic Chamber, founded in 1913, today numbers 1,400 member businesses and civic organizations, together employing more than 45,000 people in our community, representing an estimated total payroll of more than $1.3 billion a year; and WHEREAS, well beyond these direct employment payrolls, these Chamber member enterprises generate even more economic benefits such as allied business purchasing and contracting, local tax revenues, charitable contributions, and educational enhancements from which the entire citizenry of our community benefit; NOW, THEREFORE, BE IT RESOLVED, that I, Sally H. Thomas, Chairman, on behalf of the Albemarle County Board of Supervisors, do hereby recognize and express appreciation to our Chamber member enterprises -- both private and public -- and by virtue of this proclamation hereby give notice to our business partners, neighbors and citizens that these businesses exemplify the 2002 Business Appreciation Week theme of "Tradition & Innovation: Powering Virginia"; and: FURTHER RESOLVED that May 12 through May 18, 2002 is hereby proclaimed as Business Appreciation Week in the County of Albemarle and we extend our appreciation for the many businesses that strive to help make this a better community. -Page 6- Attachment 3 WHEREAS, WHEREAS, WHEREAS, WHEREAS, NOW, THEREFORE, HISTORIC PRESERVATION WEEK historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and "Preserving the Spirit of Place" is the theme for National Preservation Week 2002, cosponsored by Albemarle County, the Commonwealth of Virginia and the National Trust for Historic Preservation; I, Sally H. Thomas, Chairman, on behalf of the Albemarle County Board of Supervisors, do proclaim May 12 through May 18, 2002 as Historic Preservation Week, and call upon the people of Albemarle County to join their fellow citizens across the state in recognizing and participating in this special observance. -Page 7- RESOLUTION Attachment 4 WHEREAS, the Albemarle Board of County Supervisors is concerned with the health and well- being of its citizens and desires that the best possible emergency service be available to them; and WHEREAS, the Commonwealth of Virginia Emergency Services and Disaster Law of 1973 requires that each city and county develop and maintain an Emergency Operations Plan which addresses its planned response to emergency situations; and WHEREAS, such a plan has been developed by County staff in coordination with the Virginia Department of Emergency Services with input from local agencies; NOW, THEREFORE, BE IT RESOLVED that the Albemarle Board of County Supervisors, on this 1st day of May, 2002, does hereby officially readopt the City of Charlottesville, County of Albemarle and University of Virginia Integrated Emergency Operations Plan, to include plans and procedures for both peace time and war-caused disasters. -Page 8- Attachment 5 DEED OF EASEMENT THIS DEED OF EASEMENT made this __ day of 2002 by and between the COUNTY SCHOOL BOARD OF ALBEMARLE COUNTY, VIRGINIA, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, Grantee. WITNESSETH: For and in consideration of One Dollar, ($1.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY with SPECIAL WARRANTY OF TITLE unto the Grantee, its successors and assigns, a perpetual right-of-way and easement across a portion of certain property of the Grantor described as Yancey Elementary School and identified for tax purposes as Albemarle County Tax Map 128A, Section 2, Parcel 18, for use by the Grantee to construct, install, maintain, repair, replace and extend a sanitary sewer line, consisting of pipes and appurtenances thereto, within an easement shown and designated as "Proposed 20' San. Sewer Easement" on attached plat made by Rivanna Engineering & Surveying, PLC dated October 31, 2001, revised November 12, 2001, said plat to be recorded herewith. Reference is made to the plat for a more complete description of the property. The Grantor, its successors and assigns, agree that new shrubs, trees, fences, buildings, overhangs or other improvements or obstructions shall not be placed within the easement conveyed herein. As part of this easement, Grantee shall have the right to enter upon the above-described property within the easement provided for the purpose of installing, constructing, maintaining, repairing, replacing and extending the water line and appurtenances thereto, within such easement, and the right of ingress and egress thereto as reasonably necessary to construct, install, maintain, repair, replace and extend the water line. If the Grantee is unable reasonably to exercise the right of ingress and egress over the right-of- way, the Grantee shall have the right of ingress and egress over the property of the Grantor adjacent to the right-of-way. Whenever it is necessary to excavate earth within the easement, Grantee agrees to backfill such excavation in a proper and workmanlike manner so as to restore surface conditions as nearly as practicable to the same condition as prior to the excavation, including the restoration of such paved surfaces as may be damaged or disturbed as a part of such excavation. The facilities constructed within the easement shall be the property of the Grantee, which shall have the right to inspect, rebuild, remove, repair, improve and make such changes, alterations, additions and connections to or extensions of its facilities within the boundaries of said easement as are consistent with the purposes expressed herein. The easement provided for herein shall include the right of the Grantee, its successors and assigns, to cut any trees, brush and shrubbery, remove obstructions, and take other similar action reasonably necessary to provide economical and safe water installation, operation and maintenance. The Grantee shall have no responsibility to the Grantor, its successors or assigns, to replace or reimburse the cost of said trees, brush or shrubbery, or obstructions, if cut, removed or otherwise damaged. By its acceptance and recordation of this deed of easement, the Grantee acknowledges that it, its successors and assigns, shall be bound by the agreement contained herein. -Page 9- Attachment 6 On behalf of &e Albemarle County Board of Supervisors and citizens of &e county; I honor and recognize Pacific County, Washington Albemarle County's sister county, and officially welcome representatives from Pacific County to our community. Albemarle County and Pacific County entered into a sister county relationship in 1999 at &e same time &at &e City of Charlottesville was pursuing a similar relationship wi& &e City of Long Beach. These relationships are intended to promote our community's mutual association wi& &e Lewis and Clark Expedition. Albemarle County is where Thomas Jefferson's curiosity and national ambitions gave bit& to &e Lewis and Clark exploration; Pacific County is where those intrepid explorers met the ocean and stood, "beholding with astonishment the high waves dashing against the rocks of this emence ocean" in November of 1805. Albemarle County saw &e birth and life of &e man who wrote &at All men are created equal; Pacific County saw the first vote, in equality, of white men, a black man, and a Native American woman, as they decided where to spend the winter. Albemarle County is where Meriwe&er Lewis learned to look westward to mountains; Pacific County is where Corps of Discovery at last saw no more mountains and plains to the West. Albemarle County is proud of &e writings of Thomas Jefferson; Pacific County is proud o fa short notation on a tree somewhere overlooking the ocean, "By land from the U. States in 1804 & 1805, "which may outweigh all Jefferson's writings for its' understated eloquence. We welcome &e representatives from Pacific County and from Long Beach to Albemarle County and &e Charlottesville area for our upcoming Lewis and Clark Festival. We look forward to exchanging information and resources that can link our communities closer together, particularly as we approach the bicentennial celebration of the Lewis and Clark Expedition beginning in January, 2003. Adopted and signed &is lst day of May, 2002. -Page 1 O- Attachment 7 SP-2001-065. Mosby Mountain Stream Crossinq (Si.qn #82). Public hearing on a request to allow earthen fill and culvert crossing in the floodplain. Znd R1 & FH. TM90,P1B. Loc on Rt. 631 (Old Lynchburg Rd) across from Southwood Estates Mobile Home Park. Samuel Miller Dist. APPROVED subject to the following conditions recommended by the Planning Commission: Albemarle County Engineering Department and VDOT approval of final grading plans and bridge and road plans and computations; Albemarle County Engineering Department approval of an Erosion and Sediment Control Plan to include stabilization of fill; Albemarle County Engineering Department approval of mitigation plans for disturbance of the stream buffer; The CON/SPAN bridge system must be installed per manufacturer's specifications; The final subdivision plat should reflect any changes to the flood plain and floodway limits, and the applicant must provide computations supporting any such changes, as well as copies of the correspondence demonstrating FEMA approval of the revised floodplain or no changes in flood plain levels can occur; and In an effort to minimize environmental degradation, no soil shall be removed from the stream to compensate for any fill. -Page 11- Attachment 8 ORDINANCE NO. 02-2(2) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, ARTICLE II, BOARD OF SUPERVISORS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 2, Administration, Article II, Board of Supervisors, of the Code of the County of Albemarle, Virginia, is hereby amended and reordained by amending Section 2-202, Compensation of Board of Supervisors, as follows: CHAPTER 2. ADMINISTRATION ARTICLE ,. BOARD OF SUPERVISORS Sec. 2-202 Compensation of board of supervisors. The salary of the board of supervisors shall be eleven thousand six hundred fifty-seven dollars and no cents ($11,657.00) for each board member. In addition to the regular salary, the vice-chairman shall receive a stipend of thirty-five dollars ($35.00) for each and every meeting chaired and the chairman shall receive an annual stipend of one thousand eight hundred dollars ($1,800.00). (6-13-84; 5-8-85; 5-14-86; 7-1-87; 7-6-88; 6-7-89; Ord. of 6-13-90; Ord. of 8-1-90; Ord. of 8-7-91; Ord. of 7-1-92; Ord. No. 95-2(1), 6-14-95; Ord. No. 98-2(1), 6-17-98; Code 1988, § 2-2.1; Ord. 98-A(1), 8-5-98; Ord. No. 99-2(1), 5-5-99; Ord. No. 00-2(1), 6-7-00; Ord. 01-2(2), 6-6-01; Ord. 02-2(2), 5-1-02) State law reference--Compensation of board of supervisors, Va. Code § 15.2-1414.3. This ordinance shall be effective on and after July 1, 2002. -Page 12- Attachment 9 ORDINANCE NO. 02-2(3) AN ORDINANCE TO AMEND CHAPTER 2, ADMINISTRATION, ARTICLE I, ELECTIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 2, Administration, Article I, Elections, is hereby amended and reordained as follows: By Amending: Sec. 2-102 Rio Magisterial District Chapter 2. Administration Article I. Elections Sec. 2-102 Rio Magisterial District. The Rio Magisterial District shall be bounded, and contain voting precincts and polling places, as follows: A. Description of district: Beginning at the intersection of the South Fork Rivanna River and its intersection with the northeastern limits of the City of Charlottesville; then meandering north and west along the South Fork Rivanna River to its intersection with Seminole Trail (U.S. Route 29); then northeast along Seminole Trail to its intersection with the North Fork Rivanna River; then meandering along the North Fork Rivanna River northwest to its intersection with Dickerson Road (State Route 606); then south along Dickerson Road to its intersection with Earlysville Road (State Route 743); then northwest along Earlysville Road to its intersection with Buck Mountain Road (State Route 663); then northwest along Buck Mountain Road (State Route 663) to its intersection with Buck Mountain Road (State Route 664); then northwest along Buck Mountain Road (State Route 664) to its intersection with Buck Mountain Road (State Route 665); then southwest along Buck Mountain Road (State Route 665) to its intersection with Bleak House Road (State Route 662); then south along Bleak House Road to its intersection with Reas Ford Road (State Route 660); then south along Reas Ford Road to its intersection with the South Fork Rivanna River; then meandering southeast along the South Fork Rivanna River to its intersection with Earlysville Road (State Route 743); then south along Earlysville Road to its intersection with Hydraulic Road (State Route 743); then southwest along Hydraulic Road to its intersection with Whitewood Road; then east on Whitewood Road to its intersection with Greenbrier Drive; then east on Greenbrier Drive to its intersection with Seminole Trail (U.S. Route 29); then south on Seminole Trail to its intersection with the northern limits of the City of Charlottesville; then following the limits of the City of Charlottesville east to its intersection with the South Fork Rivanna River, the point of origin. herein: Voting precincts: The district shall be divided into five (5) voting precincts, as described -Page 13- 1. Agnor-Hurt Precinct: Beginning at Seminole Trail (U.S. Route 29) and its intersection with Greenbrier Drive; then northeast along Seminole Trail to its intersection with the South Fork Rivanna River; then meandering west and south along the South Fork Rivanna River to its intersection with Earlysville Road (State Route 743); then south along Earlysville Road to its intersection with Hydraulic Road (State Route 743); then southwest along Hydraulic Road to its intersection with Whitewood Road; then east on Whitewood Road to its intersection with Greenbrier Drive; then east along Greenbrier Drive to its intersection with Seminole Trail, the point of origin. 2. Branchlands Precinct: Beginning at the northern city limits of Charlottesville and its intersection with Rio Road East (State Route 631) and the Southern Railroad right-of-way; then northwest on Rio Road East to its intersection with Seminole Trail (U.S. Route 29); then south on Seminole Trail to the northern city limits of Charlottesville; then east with the city limits to its intersection with the Southern Railroad right-of-way and Rio Road East, the point of origin. 3. Dunlora Precinct: Beginning at Rio Road East (State Route 631) at its intersection with the Southern Railroad right-of way; then northeast along the Southern Railroad right-of- way to its intersection with the South Fork Rivanna River; then meandering southeast along the South Fork Rivanna River to its intersection with the Charlottesville City limits; then following northwest along the Charlottesville City limits to the intersection with Rio Road East and the Southern Railroad right-of- way, the point of origin. 4. Northside Precinct: Beginning at the intersection of Seminole Trail (U.S. Route 29) and the South Fork Rivanna River; then northeast on Seminole Trail to its intersection with the North Fork Rivanna River; then meandering northwest to its intersection with Dickerson Road (State Route 606); then south along Dickerson Road to its intersection with Earlysville Road (State Route 743); then northwest along Earlysville Road to its intersection with Buck Mountain Road (State Route 663); then northwest along Buck Mountain Road (State Route 663) to its intersection with Buck Mountain Road (State Route 664); then northwest along Buck Mountain Road (State Route 664) to its intersection with Buck Mountain Road (State Route 665); then southwest along Buck Mountain Road (State Route 665) to its intersection with Bleak House Road (State Route 662); then south along Bleak House Road to its intersection with Reas Ford Road (State Route 660); then South along Reas Ford Road to its intersection with the South Fork Rivanna River; then meandering eastward to its intersection with Seminole Trail (U.S. Route 29), the point of origin. 5. Woodbrook Precinct: Beginning at the northern city limits of Charlottesville and its intersection with Rio Road East (State Route 631) and the Southern Railroad right-of-way; then northeast with the Southern Railroad right-of-way to its intersection with the South Fork Rivanna River; then meandering northwest with the South Fork Rivanna River to its intersection with Seminole Trail (U.S. Route 29); then south on Seminole Trail to its intersection with Rio Road East (State Route 631); then southeast on Rio Road East to its intersection with the Southern Railroad right-of-way and the northern city limits of Charlottesville, the point of origin. below: Polling places: Each voting precinct shall have a polling place at the location identified 1. Agnor-Hurt Precinct: Agnor-Hurt Elementary School, 3201 Berkmar Drive. 2. Branchlands Precinct: Senior Center, 674 Hillsdale Drive. East Rio Road. Dunlora Precinct: Charlottesville-Albemarle Technical Education Center, 1000 4. Northside Precinct: Buck Mountain Episcopal Church, 4133 Earlysville Road. -Page 14- 5. Woodbrook Precinct: Woodbrook Elementary School, 100 Woodbrook Drive. (8-19-71, § 1; 9-5-72; 7-15-81; Code 1988, §6-1; 5-15-91; Ord. 95-6(1), 1-11-95; Ord. 98-A(1), 8-5-98, § 2-100(1), § 2-101; Ord. 01-2(1), 5-9-01; Ord. 02-2(3), 5-1-02) -Page 15- Attachment 10 RESOLUTION TO ESTABLISH PARK ENTRY FEES FOR CHRIS GREENE, MINT SPRINGS, AND WALNUT CREEK PARKS WHEREAS, Section 11-105 of the Albemarle County Code provides that from time to time the Board of Supervisors may establish or change fees for the use of County parks, recreational areas, and swimming facilities; and WHEREAS, public notice has been given and a public hearing held on a proposal to increase the park entry fees for Chris Greene, Mint Springs and Walnut Creek Parks; and WHEREAS, it has been determined that the proposed fees are reasonable and necessary to provide park services; NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby establishes the park entry fees for Chris Greene, Mint Springs, and Walnut Creek Parks effective May 1, 2002, as follows: Daily Entry Fee for an Albemarle County Resident Adult $3.00 Child $2.00 Daily Entry Fee for a Non-Resident of Albemarle County Adult Child Season Adult Child Family Season Adult Child Family $4.50 $3.00 Pass Fee for an Albemarle County Resident $50.00 $30.00 $100.00 plus $20.00 for each additional family member exceeding five family members Pass Fee for a Non-Resident of Albemarle County $75.00 $45.00 $150.00 plus $30.00 for each additional family member exceeding five family members A child fee shall be charged for any child four years of age through twelve years of age, except as otherwise provided; An adult fee shall be charged for any person thirteen years of age or older, except as otherwise provided; No fee shall be charged to a child three years of age or younger; No fee shall be charged to County resident senior citizens sixty-two years of age or older; No fee shall be charged to any person with a Iow income pass based on "ability to pay" as determined by social services; Family shall mean related persons residing in the same household. -Page 16- RESOLUTION TO DENY CLAIM ASSERTED BY CAROLYN NAPIER AND STATE FARM FIRE & CASUALTY COMPANY Attachment 11 WHEREAS, Carolyn Napier and State Farm Fire & Casualty Company, by counsel, have asserted a claim for damages in the amount of $121,059.06 against the County of Albemarle arising from alleged negligence in connection with certain storm drainage improvements that occurred in 2000; and WHEREAS, the Board of Supervisors finds that the claim is not supported by the facts or by law. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia denies the claim of Carolyn Napier and State Farm Fire & Casualty Company for alleged damages in the amount of $121,059.06. -Page 17- I spoke before this Board at your November day meeting about the Material Utilization Facility and Cell #5. Later that day you decided to maintain the "status quo" at the landfill, and that did not make me happy. I was particlarly upset by Charlotte Humphris statement that she was ~"not going to vote for anything that subsidized the construction industry". I tried to explain to you that day that not building Cell #5 would increase the cost ofhousing in the western part of the county as well as deny the Rivatma Solid Waste Authority the revenue stream it needs to continue~the monitering and cleanup of the older part of the facility. I also pointed out that RSWA is a "service authority", but all its been doing lately is reducing services, and after the public outcry at last weeks public hearing on RSWA's budget, I would hope this Board will revisit its November decision. I know I personally don't go to the landfill as often as I used to go; I have a dump track which I would fill up with construction debris, take it to the landfill and then bring home a load of mulch. I can't do that anymore since they don't allow materials to come in on dump tracks anymore, so I don~t buy as much mulch as I used to do. The Encore Shop is just about dead since its stream of recycled building materials has just about dried up and its customer base has been depleated. About two years ago I spoke before the Rivanna Solid Waste Authority and I suggested that the City and the County change their demolition ordinances to encourage contractors to dismantle buildings and recycle as much of the construction material as possible by either offering it for sale directly to the public or donating it to Habitat for Humanity for a tax deduction. Since I have never heard anything more about it, I assume that my idea never made it out of that room. Its obvious to me that RSWA needs more revenue and the public has made it very clear that they do not want services curtailed any further to save money, and I do not believe sending our construction debris out of the area and abdicating the responsibility of recycling as many building materials as possible is good for the community, the state or anybody period. Yes, it is going to cost money to open Cell #5. Any business person will tell you you have to spend money to make money, and yes, RSWA may have lost up to 50% of its customer base, but to me that only means that the cell will last twice as long. Another point I would like to make is that if Cell #5 is not built it will say to the Ivy Steering Committee and any other group in the community that if you sue a government entity long enough and often enough that eventually they will cave in and give you what you want. That is a bad precedent to set. In conclusion I would like to say that. RSWA needs to have a reliable revenue stream other than tax dollars; the community needs to commit itself to recycling building materials instead of turning their backs and shipping them out of the area and abdicating their pesponsibility to recycle; that RSWA shouldn't give the impression of caving-in to the Ivy Steering Committee; and that the future of the recycling in this community should not hinge on the cost of building Cell #5. In the long nm, it will actually be cheaper to build Cell #5 than to not build it. David P. Bowerman Rio Lindsay G. Dorrier, .Jr. Scoffsvill~ Charles S. Martin COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (434) 296-584;3 FAX (434) 296-5800 May 7, 2002 Walter E Perkins Whit~ Ha~ Dennis S. Rooker Jack Joue~ Sally H, Thomas Samuel Miller Mr. Paul Grady PO Box 109 Ivy, VA 22945 Dear Mr. Grady: Thank you for taking the time to come before the Board of Supervisors to comment on the Ivy Landfill. As you may know, Board members share a lot of the same feelings you expressed. The City and the County are continuing to work with Rivanna to look at all options for generating revenue. With regard to your comments concerning Route 250, Mr. Bryan indicated at the meeting that the Dogwood trees have been planted, in addition, VDOT is working on fixing the sprouts. Again, thank you for taking th~ time to come before the Board. Sincerely, Sally H. Thomas Chairman SHT/ec cc: Board of Supervisors Printed on recycled paper To: Members, Board of Supervisors From: Ella Washington Care)*, CMC, Clerk Subject: Reading List for Ma), I, 2002 Date: April 22, 2002 October 3, 2001 January 16, 2002 February 6, 2002 Perkins February 20, 2002 March 6, 2002 March 13, 2002 March 20, 2002 April 17, 2002 Pages 33 (beginning Item # I I) - end - Ms. Thomas [Vlr. Bowerman Pages I- 27 (end with Item # 2) - Ms. Thomas Pages 27 (beginning with Item #12) - end - Mr. Mr. Martin Pages I - 16 (end with Item #la) - Mr. Perkins Pages 16 (beginning with Item #la) - Mr. Martin Mr. Rooker Mr. Dottier Mr. Rooker Return to Regular Agenda /ewc TEEN PREGNANCY PREVENTION MONTH WHEREAS, WHEREAS, the consequences of pregnancies to teens (between the ages of l O and 19) and teen parenthood tend to lead to a greater chance of the mother's dropping out of school, obtaining a poorerjob and becoming dependent on welfare; the children born to teen parents tend to have less supporting and stimulating home environments, poorer health, lower cognitive development, worse educational outcomes, more behavior problems, and are more likely to become teen parents themselves; and WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, NOW, THEREFORE, the 1999 Community Strategic Plan for Preventing Teen Pregnancies and STDs indicated that conservative estimates place the cost to our taxpayers of each teen birth at $37,000 over the lifetime of the mother and child; and according to the Guttmacher Institute, a sexually active teen using no contraception over the course of a year has a 90percent chance of pregnancy; and the teen pregnancy rate in Albemarle County increased by more than 25percent between 1996 and 1999, which calls for increased support for our community's prevention programs; and teens sexual activity leads not only to unwanted pregnancies but increasingly to sexually transmitted diseases including AID& and there is an urgent need to increase knowledge and awareness of issues related to teen pregnancy among young people, parents, youth leaders and others; L Sally H. Thomas, Chairman, on behalf of the Albemarle County Board of Supervisors, do hereby recognize MA Y, 2002 as TEEN PREGNANCY PREVENTION MONTH and call its importance to the attention of all our citizens. CHAIRMAN ALBEMARLE BOARD OF COUNTY SUPERVISORS BUSINESS APPRECIATION WEEK 2 002 WHEREAS, the Charlottesville Regional Chamber of Commerce is dedicated to representing private enterprise, promoting business and enhancing the quality of life in our community; and WHEREAS, the overall quality of life of our community is directl~ and substantiall~ related to the continued vitality and success of private enterprise; and WHEREAS, this dynamic Chamber, founded in I913, today numbers 1,400 member businesses and civic organizations, together employing more than 45,000 people in our community, representing an estimated total payroll of more than $I.3 billion a year; and WHEREAS, ~vell beyond these direct employment payrolls, these Chamber member enterprises generate even more economic benefits such as allied business purchasing and contracting, local tax revenues, charitable contributions, and educational enhancements from ~vhich the entire citizenry of our community benefit; NOW, THEREFORE, BE IT RESOLVED, that I, Sall~ H. Thomas, Chairman, on behalf of the Albemarle County Board of Supervisors, do hereby recognize and express appreciation to our Chamber member enterprises -- both private and public -- and by virtue of this proclamation hereby give notice to our business partners, neighbors and citizens that these businesses exemplif~ the 2002 Business Appreciation Week theme of "Tradition ~ Innovation: Po~vering Virginia"; and: FURTHER RESOLVED that May I2 through May I8, 2002 is hereby proclaimed as Business Appreciation Week in the County of Albemarle and ~ve extend our appreciation for the many businesses that strive to help make this a better community. CHAIRMAN ALBEMARLE BOARD OF COUNTY SUPERVISORS HISTORIC PRESERVATION WEEK WHEREAS, historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, "Preserving the Spirit of Place" is the theme for National Preservation Week 2002, cosponsored by Albemarle County, the Commonwealth of Virginia and the National Trust for Historic Preservation; NOW, THEREFORE, I, Sally H. Thomas, Chairman, on behalf of the Albemarle County Board of Supervisors, do proclaim May 12 through May 18, 2002 as Historic Preservation Week, and call upon the people of Albemarle County to join their fellow citizens across the state in recognizing and participating in this special observance. CHAIRMLAN ALBEMARLE BOARD OF COUNTY SUPERVISORS COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Camp Springs Development - CDBG Activity SUBJECT/PROPOSAL/REQUEST: Waiver of bond for private road construction and water and sediment control STAFF CONTACT(S): Mr. Tucker, Ms. Roxanne White, Mr. Ron White, Mr. Graham AGENDA DATE: May 1,2002 ACTION: CONSENT AGENDA: ITEM NUMBER: INFORMATION: ACTION: X INFORMATION: ATTACHMENTS: REVIEWED BY: BACKGROUND: In 1998, the County received a Community Improvement Grant (CDBG) from the Department of Housing and Community Development for the Porters Road/Yancey School Neighborhood. One of the proposed activities was the development of five homes on property purchased by the Albemarle Housing Improvement Program (AHIP). These homes would be for sale to lower-income, first-time homebuyers. DISCUSSION: The development plans have been completed and values for activities have been set as follows: Storm Water Manaqement Erosion and Sediment Control Road $8,000 $15,000 $45,300 The estimated cost for the bond is $1800. The original estimates used to request CDBG funds were developed over three years ago. It is expected that increases in costs since that time may exceed budgeted amounts for development. Since this is a County-sponsored activity and the County Office of Housing will approve payment for all construction activity, we believe the bond will not be necessary. At a minimum, it will add to the cost of developing houses for lower-income residents. If deemed necessary, the Office of Housing will not approve payment until Engineering also approves the work. RECOMMENDATION: To facilitate development of affordable housing and minimize the costs, staff recommends waiving the bond required for road development and water/sediment control management. 02.055 MEMO TO: Clerk, Albemarle County Board of Supervisors FROM: Kaye Harden, Emergency Services Coordinator ]4 k~t-- DATE: 4-10-2002 RE: Resolution of Adoption for the Emergency Operations Plan The Federal Emergency Management Agency requires each jurisdiction to pass a resolution of adoption of its Emergency Operations Plan every four years. This is to request that the Board of Supervisors pass a resolution of adoption for the Emergency Operations Plan. 04-75-02P~2:02 RCVD David P Bowerman R~o Lindsay G. Dorrier, ,Jr. Scobk~vi[le Charles S. Martin COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 May 2, 2002 Walter E Perkins White H~ Dennis S. Rooker Jack Jou~ Sally H. Thomas Samuel Miller Mr. Kaye Harden Emergency Services Coordinator 2306 Ivy Road Charlottesville, VA 22903 Dear Mr. Harden: At its meeting on May 1, 2002, the Board of Supervisors adopted the attached resolution to readoPt the Emergency Operations Plan. Sincerely, Ella W. Carey, Cler ,~C tewc Attachment Printed on recycled paper County of Albemarle MEMORANDUM TO: FROM: DATE: RE: Albemarle County Board of Supervisors Robert W. Tucker, Jr., County Executive July 30, 2002 Resolution to Readopt Emergency Operations Plan The Federal Emergency Management Agency requires that all jurisdictions pass a resolution adopting a local Emergency Operations Plan every four years. As the County's last adoption was in 1997, Kaye Harden, Emergency Services Coordinator, is requesting readoption of the City of Charlottesville, County of Albemarle, University of Virginia Operations Plan. A copy of the Emergency Operations Plan is on file in the Clerk's office. RWTjr/ewc Attachment Albemarle County Executive's Office 401 Mclntire Road Charlottesvffie, Virginia 22902-4596 Telephone (434) 296-5841 FAX (434) 296-5800 www. albemarle.org RESOLUTION WHEREAS, the Albemarle Board of County Supervisors is concerned with the health and well-being of its citizens and desires that the best possible emergency service be available to them; and WHEREAS, the Commonwealth of Virginia Emergency Services and Disaster Law of 1973 requires that each city and county develop and maintain an Emergency Operations Plan which addresses its planned response to emergency situations; and WHEREAS, such a plan has been developed by County staff in coordination with the Virginia Department of Emergency Services with input from local agencies; NOW, THEREFORE, BE IT RESOLVED that the Albemarle Board of County Supervisors, on this 1st day of May, 2002, does hereby officially readopt the City of Charlottesville, County of Albemarle and University of Virginia Integrated Emergency Operations Plan, to include plans and procedures for both peace time and war-caused disasters. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a resolution unanimously adopted by the Board of County Supervisors of Albemarle County, Virginia, at a regular meeting held on May 1, 2002. Clerk, Board of County Supervisors County of Albemarle MEMORANDUM TO: FROM: DATE:July 30, 2002 RE: Albemarle County Board of Supervisors Robert W. Tucker, Jr., County Executive Appointment of Ches Goodall to the Thomas Jefferson Water Resource Protection Foundation You will recall that several weeks ago, Nick Evans, Chairman of the Thomas Jefferson Soil and Water Conservation District reviewed with you their recently created Thomas Jefferson Water Resource Protection Foundation and asked that you appoint someone from the county to serve on the Foundation Board. ! have reviewed their mission and direction and would recommend that you appoint our ACE coordinator, Ches Goodall to their Foundation Board. ! believe that the work that this Foundation Board will be doing will be beneficial to our ACE program. I've discussed this prospective appointment with Ches and he has in turn contacted Nick Evans for further information and agrees that his involvement with their Foundation would indeed be helpful to him and our program. RWTjr/bat 02.004 pc: Ches Goodall Albemarle County Executive's Office 401 Mclntire Road Charlottesvffie, Virginia 22902-4596 Telephone (434) 296-5841 FAX (434) 296-5800 www. albemarle.org COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Holstein Lane Name Change SUBJECT/PROPOSAL/REQUEST: Road Name Change Request STAFF CONTACT(S): Messrs. Tucker, Foley, Cilimberg, Weaver AGENDA DATE: May 1,2002 ACTION: CONSENT AGENDA: ITEM NUMBER: INFORMATION: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Pursuant to Part I, Section 6 (e) of the Albemarle County Road Naming and Property Numbering Manual, road name change requests may be forwarded to the Board of Supervisors for approval upon validation of the following: Landowners of more than fifty (50) percent of the parcels served by the road in question have signed a petition in favor of a common road name, and that the proposed road name is otherwise consistent with other road name guidelines (not a duplicate name, etc.) outlined in the Manual. DISCUSSION: Requestto change the name of Holstein Lane to Valmont Lane atthe request ofthe landowner(see attached lette~. A mapindicating the location ofthis road is also attached. The propedy owner will be responsible forcosts associated with new signage. RECOMMENDATION: Approve the new road name as requested and grant staff the authority to coordinate/implement the above referenced change. 02.057 ...... s, H4W~5 $incmrel~, B .[ COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Yancey Elementary School - Deed of Easement for Simpson Park SUBJECT/PROPOSAL/REQUEST: Request to Execute Deed of Easement STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Trank, Graham AGENDA DATE: May 1,2002 ACTION: CONSENT AGENDA: ITEM NUMBER: INFORMATION: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Simpson Park improvements require a sewage disposal system, but a suitable site for the septic drainfleld could not be found on the property. Therefore, it was necessary to find a site on an adjoining property. The Yancey Elementary School property is on the opposite side of State Route 627 from Simpson Park. The Albemarle County School Board agreed to dedicate a sewer easement to Albemarle County to allow Simpson Park use of their sewage disposal system and VDOT agreed to give the County a permit for the sewer line to cross Route 627. The use of the Yancey Elementary School system has been reviewed and approved by the State Health Department. The County School Board has executed the deed of easement. DISCUSSION: This request is for the Board of Supervisors to authorize the County Executive to sign the deed of easement for Albemarle County. If the deed of easement is not executed and recorded, Simpson Park will not have a means for sewage disposal. RECOMMENDATION: Authorize the County Executive to sign the deed of easement on behalf of Albemarle County. 02.061 DEED OF EASEMENT THIS DEED OF EASEMENT made this 3rd day of t~iay 2002 by and between the COUNTY SCHOOL BOARD OF ALBEMARLE COUNTY, VIRGINIA, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, Grantee. WITNESSETH' For and in consideration of One Dollar, ($1.00), cash in hand paid, and Other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY with SPECIAL WARRANTY OF TITLE unto the Grantee, its successors and assigns, a perpetual right-of-way and-easement across a portiOn of certain property of the Grantor described as Yancey Elementary School and identified for tax purposes as Albemarle County Tax Map 128A, Section 2, Parcel 18, for use by the Grantee to construct, install, maintain, repair, replace and extend a sanitary sewer line, consisting of pipes and appurtenances thereto, within an easement shown and designated as "Proposed 20' San. Sewer Easement" on attached plat made by Rivanna Engineering & Surveying, PLC dated October 31, 2001, revised November 12, 2001, said plat to be recorded herewith. Reference is made to the plat for a more complete description of the property. The Grantor, its successors and assigns, agree that new shrubs, trees, fences, buildings, overhangs or other improvements or obstructions shall not be placed within the easement conveyed herein. As part of this. easement, Grantee shall have the fight to enter upon the above-described property within the easement provided for the purpose of installing, constructing, maintaining,, repairing, replacing and extending the water line and appurtenances thereto, within such easement, and the right of ingress and egress thereto as reasonably necessary to construct, install, maintain, repair, replace and extend the water line. Prepared by Albemarle County Attorney's Office Albemarle County Tax Map Parcel 128A-2-18 If the Grantee is unable reasonably- to exercise the right of ingress and egress over the right- or, way, the Grantee shall have the right of ingress and egress over the property of the Grantor adjacent to the fight-of-way. Whenever it is necessary to excavate earth within the easement, Grantee agrees to backfill such excavation in a proper and workmanlike manner so as to restore surface conditions as nearly as practicable to the same condition as prior to the excavation, including the restoration of such paved surfaces as may be damaged or disturbed as a part of such excavation. The facilities constructed within the easement shall be the property of the Grantee, which shall have the right to inspect, rebuild, remove, repair, improve and make such changes, alterations, additions and connections to or extensions of its facilities within the boundaries of said easement as are consistent with the purPoses expressed herein. The easement provided for herein shall include the right of the Grantee, its successors and assigns, to cut any trees, brush and shrubbery, remove obstructions, and take other similar action reasonably necessary to provide economical and safe water installation, operation and maintenance. The Grantee shall have no responsibility to the Grantor, its successors or assigns, to replace or reimburse the cost of said trees, brash or shrubbery, or obstructions, if cut, removed or otherwise damaged. By its acceptance and recordation of this deed of easement, the Grantee acknowledges that it, its successors and assigns, shall be bound by the agreement contained herein. WITNESS the following signatures. GRANTOR: GRANTEE: COUNTY SCHOOL BOARD OF ALBEMARLE COUNTy, VIRGINIA BY: ITS: ~- ROt~ERT W. TUCKER, JR. ~ Q] 2 Approved as to Form: ~S'~hool Board Attorney COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE: _ The foregoing deed was signed, sworn to and acknowledged before me this b~~ day of ~[Ll~[k% 200~by ~L.D~?~.~. ~1~_.~ on behalf of the Coimty School Board0~fAlbemarle County, ~irginia, Grantor. My COmmission Expires: ~ i ~6~ [0~ ~ No~ e~c' COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE: The foregoing >72, · Virginiai~rantee. My Commission Expires: instrument-was acknowledged before m6 this ~r_d day of 2001. by Robert W. Tucker, Jr. on behalf of the County of Albemarle, ~" N~tary Publi~ ' k,,_- ' - MAT/realestate.schools.gen/yancey.sewereasementl.doc 3 OWNER'S APPROVAL Conveyance of the easement and /or dedication shown is with the free consent of and in accordance with [he desires of the To wit: The fgregoing iOs,trument was acknowledged before me this ~_J~__~clay of .,~{?t~-LC~? 20q~L Albemarle County Planning Commision Date Designated Agent f~'Albemarle County Board of Supe~isors ~ T~ J£BA-2-15 Heir of M~ry Mo~¢oe Scoff I~B 565-£12 P~t gB 5B-3~ Exi~hg Drainage Easement DB 10B0-534 Yancey School L4 Proposed 20' Son. Sewer'-~ Easement x \ \ '~. Sewer (]rinder ~(/ Pump ~' Station for Simpson Park ; PI~T SHOWINg SEEER EASEMENT TAX. MAP 728A SECTION 2 PARCEL t8 YANCEY ELEMENTARY SCHOOL SCO~S~ ~IS~Cg ~E~ COUN~ SC~ 1" = 100' DAT~ OC~R 31, 2001 128~-18.dwg ~K; NO~ffR 12, 2001 ~NA ENGINEE~NC & SUR~NG, PLC P.O. B~ 7603; C~O~ES~, VA. 22~06 804.384.1593 F: 804.984.8863 STATEMENT OF TllLE The [and shown was obtained by County of Albemarle School Board as recored in DB 163 P.lg4, and to the best of my knowledge meets all the requirements regarding the piatting of subdivisi~ ~ COURSE BEARING DISTANCE L1 N51 '21 '59"W 100.00' L2A N46"O1'52"W 23.09' L2 N46'01 '52"W 75.g6' L3 N47'O4'O4"W 82.95' L4 N13'46'06"W 45.45' L5 N37'55'51 "W 42.00' L6 N57%O'43"W 70.78' L7 S32'4T15"E 39.64' L8 S50'06'20"E 35,23' L9 S37'35'42"E 66.28' LIO S47'04'04"E .10.00' / TM 128A-2-1?A Ralph L &. Rosa B Hudson DB 442-£73 ?Y 128A-2-18 County of 'AZben, mH, e School Boo, rd Yancy El, e~ ScOot DB 258-61 ?.021 acs, E6 TM 12&i-~-19 Ja.ep er Monroe TM 12EA-2-22 COURSE BEARING E1 N 2B'l 9'14"E E2 N57'26'21 "E E3 N26'ST11"E E4 N28'28'47"E E5 N01 '13'22"E E6 N26'35'O3"W E7 N60'51'50"W E8 N62'51'41 "W VICINITY MAP ~ 100 0 100 gOO DISTANCE 29.90' 154-, 35' 20.58' 112.05' 28.99' 22.85' 49.31' 43.13' 300 SHELBY MARSHALL,CLERK CIRCUIT CT. Shelby Marshall Clerk Circuit Court 501' E. Jefferson St. Charlottesville, VA 22902 Phone Number: (434)972-4083 DEEDS Receipt Official Receipt: 2002-00010324 Printed on 05/09/2002 at'02:48:53 PM RECEIVED OF PARKS & RECREATION Date Recorded: 05/09/2002 Instrument ID Recorded Time Amount Bk 2193 PO 621 02:48:35 PM $18.00 Instrument:200200001038 DE- DEED OF EASEMENT/RIGHT OF WAY GRANTOR:COUNTY SCHOOL BOARD OF ALBEMARLE COUNTY, VIRGINIA EX:N GRANTEE:COUNTY OF'ALBEHARLE, VIRGINIA EX:N Address1: Address2: City/State/Zip: Description: Conside~ation:$O.O0 Assumption:$O.-O0 Locality:CO Pages:4 Accounts Percent:lO0.O0% Names:O Amount 039- DEEDS & CONTRACTS $0.00 106- TECHNOLOGY TRUST FUND FEE $0.00 145-'VSLF_. $1.50 213- COUNTY GRANTEE TAX $0.00 301- DEEDS $~8.50 T)tal Due: $18.q~ P~idBy Cash: $18.qg C~ange Tendered: $0.0~ Cashier:PATSY MINAHAN Reo:FEEO1 05-76-02A08:53 RCVD COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Request to set Public Hearing on Albemarle County's Annual Plan for Administering Housing Choice Vouchers SUBJECT/PROPOSAL/REQUEST: Housing Choice Voucher Annual Plan for FY beginning July 1, 2002 STAFF CONTACT(S): Tucker, Roxanne White, Ron White AGENDA DATE: May 1,2001 ACTION: CONSENT AGENDA: ITEM NUMBER: INFORMATION: ACTION: X INFORMATION: ATTACHMENTS: REVIEWED BY: BACKGROUND: The U.S. Department of Housing and Urban Development requires each public housing agency to prepare a five-year plan for administering public housing assistance programs. Administration of the Section 8 Housing Choice Vouchers makes Albemarle County subject to this requirement. In addition to completing a five-year plan, an Annual Plan must be submitted each year. A Public Hearing is required prior to Plan submission. DISCUSSION: The Annual Plan provides an outline for the implementation of the Section 8 Housing Choice Voucher Program including information on current needs from the Consolidated Plan for the Thomas Jefferson HOME Consortium, the makeup of the County's existing waiting list, and the proposed funding available for activities during the program year. Much of the Plan is developed based on federal requirements with little or no opportunity for local discretion. There are two areas for which local options are available where changes are proposed from last year's plan. They are 1. Payment Standards - Currently the County uses a payment standard of 100% of the fair market rent. Fair market rents are based on the 40th percentile rents in the area. For one-bedroom units we are finding the market is very limited within the current rent structure. HUD regulations allow the locality to raise rents to 110% of fair market rent. The Annual Plan reflects this proposed change. This allows gross rents (including all utilities) on one-bedroom units to increase from $530 to $583 per month. Two- and three-bedroom rents will be closely monitored for possible future change to 110%. 2. Admissions Preference - Currently the Office uses date and time of application as the only admissions preference (first-come, first-served). Due to the limit on the number of available vouchers, we are proposing to give a preference to those who five in or work in Albemarle County, In addition to the limited number of vouchers, the Office is investing a lot of time working with applicants from other jurisdictions, some from out-of-state. By requesting approval of the proposed preference by HUD, we can initially focus our time on serving Albemarle residents. A recent analysis of new applicants to our waiting list indicated that 21% were living in the County and 43% living in Charlottesville. Information on where the applicants work will not be available until a full application is taken. The Plan is currently available in the Office on Housing for a 45-day review period. It may also be reviewed in the Office of the Clerk for the Board of Supervisors and on the County web-site. A public notice was also advertised in the Daily Progress. The Housing Committee members have a copy of the Plan and will discuss it and make recommendations at their next meeting on May 8. All comments will be considered in the final draft Plan to be presented at the Public Hearing. RECOMMENDATION: Staff recommends setting a public hearing on the proposed Annual Plan for the May 15, 2002 Board of Supervisors meeting. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Elections; authorize County Executive to sign agreements to use private facilities as polling places SUBJECT/PROPOSAL/REQUEST: Authorize County Executive to sign agreements to use private facilities as polling places STAFF CONTACT(S): Tucker, White, Davis, Harris AGENDA DATE: May 1,2002 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: Yes ITEM NUMBER: INFORMATION: INFORMATION: BACKGROUND: The Voting Accessibility for the Elderly and Handicapped Act requires that localities assure that polling places are accessible to handicapped and elderly voters. In order to comply with the Act, the access to four private polling places must be upgraded. Because public monies will be used to upgrade three of the polling places, and because the County will be using private facilities, the County Attorney advised that it would be in the best interests of the parties to express the terms and conditions of the County's use of these facilities as polling places in an agreement. DISCUSSION: The four polling places that will be subject to an agreement are Berean Baptist Church, Buck Mountain Episcopal Church, Free Union Baptist Church and Union Grove Baptist Church. Berean Baptist Church will pay for the improvements to its premises needed to comply with the Act. The County will pay for the improvements to the other premises. The improvements primarily consist of establishing handicapped parking spaces, ramps, and railings. The agreements were prepared by the County Attorney. Each agreement describes the premises that may be used for a polling place; the term of the agreement; the days and times the County may use the premises as a polling place and the extent of that use; the County's cost to use the premises as a polling place; and other miscellaneous provisions. The three agreements for the premises on which the County will install the improvements include an additional section pertaining to that issue. As of this writing, only two of the four agreements have been signed by the church representatives. RECOMMENDATION: Authorize the County Executive to sign the referenced agreements to use private facilities as polling places. 02.059 AGREEMENT THIS AGREEMENT is made this -']{k day of~¢('~l , 2002 by and between County of Albemarle, Virginia, a political subdivisio-~--~of the Commonwealth of Qirginia, hereinafter referred to as the "County," and Berean Baptist Church, located at 1284 Sunset Avenue Extended; Charlottesville, Virginia, hereinafter referred to as the "Church." WHEREAS, the County's Electoral Board is required to conduct elections in the County; and WHEREAS, the Church has offered to provide a polling place for the Country Green Precinct. WITNESS: IN CONSIDERATION of the mutual premises stated herein, the parties agree as follows: 1. Premises Licensed for Polling Place: The Church hereby licenses to the County that part of the Church's property marked "Polhng Place," as shown on Attachment A, which is attached hereto and made a part of this Agreement for all elections within the Precinct, as provided in paragraph 3. The Church also licenses to the County adequate parking areas and a means of access to and from the Polhng Place for all elections within the precinct, during thej dates and times in paragraph. The premises containing the polling place, the parking area and access between the parking area and the polling place are collectively referred to as the "Polling Place." 2. Term: The term of this Agreement shall be for a period of no less thanp~(J) years from the date hereof, and shall automatically renew for an additional one (1) year term on the anniversary date. Either party, however, may terminate this Agreement by givig~ g six (6) month's written notice to the other party of its intent to terminate. 3. Use of the Premises by the coUnty: The County's use of the Polling Place for elections shall include: A. Permission to deliver voting equipment to the Polling Place on the day before election day, and' to remove the ~,~oting equipment the day a2er election day, between-8:00 a.m. and 5:00 p.m. B. Permission for elections officers to enter ~e Polling Place at 5:00 a.m. on election day and to remain at the Polling'Place until 9:00 p.m. on election day,. or later if necessary for election purposes. C. Permission for adults and minors to enter the Polling Place as allowed by law on election day. D. The use of Church tables and chairs on election day, as requested by the County's Electoral Board. E. Permission for elections officers to use i:estrooms and kitchen facilities (if any) on the Church property on election day. F. Permission to erect signs on the day before election day and on election day, 'designating the poll area, providing notice of prohibited activities in the vicinity of the Polling Place, and otherwise pertaining to the election. Elections officers shall remove only those signs posted by elections officers at the end of election day or the day after election day. G. Permission for elections officers and law enforCement officers to take all actions authorized by Virginia Code § 24.2-604 through Virginia Code § 24.2-608. H. Permission for elections officers to use a Church telephone for local calls on election day. 4. Reimbursement: The County shall reimburse the Church for reasonable expenses incurred due to the use of the Church as a Polling Place, not to exceed one hundred dollars ($100.00) per election. The County will reimburse the Church within thirty' (30)' days of receipt of invoice. 5. Liability: The County agrees to add the Church to its general liability insurance policy as an additional insured for the County's operation of a Polling Place on the Church's property on election days. 6. Title, Access and Authority: The Church covenants and warrants to the County that it presently owns the fee simple interest in and to the Church property; that the Church is duly authorized and empowered to grant this License; and that each person(s) executing this license on behalf of the Church warrants himself to be duly authorized to bind the Church hereto. 7. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supercedes any prior understandings or oral or written agreements between the parties respecting the within subject matter. 8. Modifications: This Agreement may not be modified, except in a writing signed by the parties. IN WITlX~SS WHEREOF, the parties hereto bind themselves to thi. s Agreement as of the day and year first above written. BEREAtN[ BAPTIST CHURCH By: Approved as to form: Draft: 02/26/02 AGREEMENT THIS AGREEMENT is made this ~ L) day of March, 2002 by and between County of Albemarle, Virginia, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as the "County," and Buck Mountain Episcopal Church, located at 4313 Earlysville Road, Earlysville, Virginia, hereinafter referred to as the "Church." WHEREAS, the County's Electoral Board is required to conduct elections in the County and is required to have all polling places comply with the Voting Accessibility for the Elderly and Handicapped Act; and WHEREAS, the Church has offered to provide a polling place for the Northside Precinct, and is willing to allow the County to make improvements to the Church property in order to bring the polling places into compliance with the Voting Accessibility for the Elderly and Handicapped Act. .WITNESS: IN CONSIDERATION of the mutual premises stated herein, the parties agree as follows: 1. Premises Licensed for Polling Place: The Church hereby licenses to the County that part of the Church's property marked "Polling Place," as shown on Attachment A, which is attached hereto and made a part of this Agreement for all elections within the Precinct, as provided in paragraph 3. The Church also licenses to the County adequate parking areas and a means of access to and fi.om the Polling Place for all elections within the Precinct, during the dates and times in paragraph. The premises containing the polling place, the parking area and access between the parking area and the polling place are collectively referred to as the "Polling Place." 2. Term: The term of this Agreement shall be for a period of no less thanor~ ( J ) years fi.om the date hereof, and shall automatically renew for an additional one (1) year term on the anniversary date. Either party, however, may terminate this Agreement by giving six (6) month's written notice to the other party of its intent to terminate. 3. Use of the Premises by the County: The County's use of the Polling Place for elections shall include: A. Permission to deliver voting equipment to the Polling Place on the day before election day, and to remove the voting equipment the day after election day, between 8:00 a.m. and 5:00 p.m. , B. Permission for elections officers to enter the Polling Place at 5:00 a.m. on election day and to remain at the Polling Place until 9:00 p.m. on election day, Or later if necessary for election purposes. C. Permission for adults and minors to enter the Polling Place as allowed by law on election day. Draft: 02/26/02 D. The use of Church tables and chairs on election day, as requested by the County's Electoral Board. E. Permission for elections officers to use restrooms and kitchen facilities (if any) on the Church property on election day. F. Permission to erect signs on the day before election day and on election day, designating the poll area, providing notice of prohibited activities in the vicinity of the Polling Place, and otherwise pertaining to the election. Elections ~officers shall remove only those signs posted by elections officers at the end of election day or the day after election day. G. Permission for elections officers and law enforcement officers to take all actions authorized by Virginia Code § 24.2-604 through Virginia Code § 24.2-608. H. Permission for elections officers to use a Church telephone on election day. 4. Improvements to the Premises: The Church grants permission to the County, its officers, employees and agents, to enter the Church property to install improvements, at the sole expense of the County, so that access for handicapped and elderly voters complies with the Voting Accessibility for the Elderly and Handicapped Act (42 U~S.C. § 1973ee et seq.) The improvements consist of installing concrete and stone for accessways and signage. The improvements shah be installed after the date of this Agreement until completed. The work shall be performed between 7:00 a.m. and 6:00 p.m.~ Monday through Friday. 5. Reimbursement: The County shall reimburse the Church for reasonable expenses incurred due to the use of the Church as a Polling Place, not to exceed election. per 6. Liability: The County agrees to add the Church to its general liability insurance policy as an additional insured for the County's operation of a Polling Place on the Church's property on election days. 7. Title, Access and Authority: The Church covenants and Warrants to the County that it presently owns the fee simple interest in and to the Church property; that the Church is duly authorized and empowered to grant this License; and that each person(s) executing this license on behalf of the Church warrants himself to be duly authorized to bind the Church hereto. 8. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supercedes any prior understandings or oral or written agreements between the parties respecting the within subject matter. 9. Modifications: This Agreement may not be modified, except in a writing signed by the parties. IN WITNESS WHEREOF, the parties hereto bind themselves to this Agreement as of the day and year first above written. Approved as to form: Cou y4qtt0 e Draft: 02/26/02 COUNT~DF ALBEMARLE, VIRGINIA [C~H] On behalf of the Albemarle County Board of Supervisors and local yovernment, I would like to honor and recoynize as Albemarle County's sister county and to officially welcome representatives from Pacific County to our community. Albemarle County and Pacific County entered into a sister county relationship in 1999 at the same time that the City of Charlottesville was pursuing a similar relationship with the City of Long Beach. These relationships were intended to promote our community's mutual association with the Lewis and Clark Expedition. Albemarle County's connection to Pacific County is particularly relevant to the Lewis and Clark Expedition as it symbolically links the beginning point of the expedition here in our community with the area on the West Coast where the explorers reached the Pacific Ocean. We welcome the representatives from Pacific County and from Long Beach to the Albemarle County and Charlottesville area for our upcoming Lewis and Clark Festival. We look forward to exchanging information and resources that can link our communities closer together, particularly as we approach the bicentennial celebration of the Lewis and Clark Expedition beginning in January, 2003. Chairman Albemarle County Board of Supervisors 20O2 FIRST QUARTER BUILDING REPORT County of Albemarle Dept. of Planning & Community Development Office of Mapping, Graphics, and Information Resources (OOMGAIR) 401 Mclntire Road Charlottesville, Virginia 22902-4596 (434) 296-5823 INDEX I. Comparison of New Residential Dwelling Units by Month .(Charts A & B) II. Comparison of Residential Dwelling Units by Type (Charts C, D, & E) III. Comparison of All Building Permits (Chart F) KEY TO TYPES OF HOUSING REFERRED TO IN REPORT SF SFA SF/TH DUP MF MHC AA Single-Family (includes modular) Single-Family Attached Single-Family Townhouse Duplex Multi-Family Mobile Home in the County (not in ~ih existing park) Accessory Apartment 04-~6-02A09:03 RCVD -2- During the first quarter of 2002, 225 building permits were issued for 477 dwelling units. In addition, 4 permits were issued for mobile homes Tin existing parks at an average exchange value of $2,500, for a total of $10,000. II. Comparison of Residential Dwelling Units by Type Chart A. Nine Year Comparison of New Residential Dwelling Units by Month MONTH 1994 1995 1996 1997 1998 1999 2000 2001 2002 JAN 190 50 26 54 38 49 52 : 52 55 FEB 53 43 44 44 39 84 43 39 348 MAR 72 47 61 57 65 65 54 54 74 APR 69 46 71 75 62 102 63 62 MAY 60 41 63 118 65 55 72 196 JUN 70 62 41 89 85 75 50 181 JUL 186 51 87 59 74 69 56 46 AUG 49 44 105 34 221 56 65 55 SEP 47 56 64 48 68 68 49 32 OCT 51 42 186 216 61 48 48 86 NOV 60 66 43 49 48 42 49 36 DEC 32 48 44 62 48 57 49 36 TOTAL 939 596 835 905 874 770 650 875 477 Chart B. Three Year Comparison of New Residential Dwelling Units by Month lChart B: Three Year Comparison of New Residential D.U. by Month~ JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC MONTH Ir-12000 rtl2001 .2002 J Prepared by the Albemarle County Office of Mapping, Graphics, and Information Resources (OOMGAIR) -3- Quarter 1, 2002 II. COMPARISON OF RESIDENTIAL DWELLING UNITS BY TYPE Chart 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 UNITS UNITS RIO 13 0 16 0 0 0 0 29 6% JACK JOUETT 2 0 0 0 0 0 0 2 0% R1VANNA 33 16 14 0 0 1 0 64 '13% SAMUEL MILLER 35 2 0 0 0 0 0 37 8% SCOTTSVILLE 22 2 0 0 264 1 ' 1 290 61% WHITE HALL 55 0 0 0 0 0 0 55 12% TOTAL 160 20 30 0 264 2 1 477 100% Chart D. Breakdown of New Residential Dwelling Units by Comprehensive Plan Area and Dwelling Unit Type COMPREHENSIVE PLAN AREA DWELLING UNIT TYPE TOTAL % TOTAL SF SFA SFfTH DUP MF MHC AA UNITS UNITS URBAN NEIGHBORHOOD 1 0 0 16 0 0 ' 0 ' 0 16 3% URBAN NEIGHBORHOOD 2 11 0 0 0 0 0 0 11 2% URBAN NEIGHBORHOOD 3 7 0 0 0 0 0 0 7 1% URBAN NEIGHBORHOOD 4 1 2 0 0 264 0 0 267 56% URBAN NEIGHBORHOOD 5 10 2 0 0 0 0 0 12 3% URBAN NEIGHBORHOOD 6 0 0 0 0 0 0 0 0 0% URBAN NEIGHBORHOOD 7 0 0 0 0 0 0 0 0 0% cROZET COMMUNITY 2'1 0 0 0 0 0 0 21 4% HOLLYMEAD COMMUNITY 10 16 14 0 0 1 0 41 9% PINEY MOUNTAIN COMMUNITY 0 0 0 0 0 0 0 0 0% RIVANNA VILLAGE 5 0 i 0 0 0 0 1 6 1% DEVELOPMENT AREA SUBTOTAL 65 20 30 0 264 1 i 1 381 80% RURAL AREA 1 24 0 0 0 0 0 0 24 5% RURAL AREA 2 18 0 0 0 0 0 0 18 4% RURAL AREA 3 33 0 0 0 0 0 0 33 7% RURAL AREA 4 20 0 0 0 0 1 0 21 4% RURAL AREA SUBTOTAL 95 0 0 0 0 1 0 96 20% TOTAL 160 20 30 0 264 2 1 477 100% Prepared by the Albemarle County Office of Mapping Graphics, and Information Resources (OOMGAIR) -4- Quarter l, 2002 I1. COMPARISON OF RESIDENTIAL DWELLING UNITS BY TYPE (continued) Chart E. Breakdown of Residential Dwelling Units by Elementary School District and Dwelling Unit Type SCHOOL DWELLING UNIT TYPE TOTAL ~ % TOTAL DISTRICT SF SFA SF/TH DUP MF MHC AA UNITS UNITS Agnor-Hurt 7 0 0 0 0 0 0 7 1% Broadus Wood 11 0 0 0 0 1 0 12 3% Brownsville 20 0 0 0 0 0 0 20 4% Crozet 15 0 0 0 0 0 0 15 3% Greer 0 0 16 0 0 0 0 16 3% Hollymead 12 0 14 0 0 0 0 26 5% Medwether Lewis 12 0 0 0 0 0 0 12 3% Murray 13 0 0 0 0 0 0 13 3% Red Hill 8 0 0 0 0 0 0 8 2% Cale 11 4 0 0 264 0 0 279 58% Scottsville 3 0 0 0 0 0 0 3 1% Stone Robinson 17 0 0 0 0 1 1 19 4% Stony Point 14 0 0 0 0 0 0 14 3% Woodbruok 10 16 0 0 0 0 0 26 5% Yancey 7 0 0 0 0 0 0 7 1% TOTAL 160 20 30 0 264 2 1 477 100% II1. COMPARISON OF ALL BUILDING PERMITS Char[ F. 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 29 $ 3,149,324 16 $ 471,000 4 $ 418,000 17 $ 4,275,968 66 $ 8,314,292 JOU E'I-i' 2 $ 365,000 27 $ 2,915,400 2 $ 338,500 4 $ 82,000 35 $ 3,7'00,900 RIVANNA 64 $ 31,693,407 36 $ 1,678,167 1 $ 4,793,000 11 .$ 975,890 112 $ 39,140,464 S. MILLER 37 $ 10,694,540 40 $ 1,732,075 2 $ 36,250 4 "$ 237,510 83 $ 12,700,375 SCOTTSVILLE 38 $ 22,524,479 29 $ 400,900 6 $ 2,223,266 10 $ 277,000 83 $ 25,425,645 WHITE HALL 55 $ 12,201,797 65 $ 2,542,119 0 $ - 4 $ 74,000 124 $ 14,817,916 TOTAL 225 $ 80,628,547 213 $ 9,739,661 15 $ 7,809,016 50 $ 5,922,368 503 $ 104,099,592 Additional value of mobile homes placed in existing parks is included in Residential Alteration Category. Prepared by the Albemarle County Office of Mapping, Graphics, and Information Resources (OOMGAIR) .COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL O. UALITY V~lley Region~tl Office Tr~_4~ ,3~.... (54 O ),'.'.'5 '"/4- 7,8,00 Fax April 16, 2002 I%olw~ G:. Bnmky l)Lreotor R: Bradley t .~.i~, P.E,. Ms. Sally Thom~m, Ctmixp~r~on Alhemsr]e Co. Board of Sup. County Ofi'ic~ Bn]ld~ng 401 Melnfire Road CSi~lot~vffio, VA 22901 Re: Reissuance of VPDES ParmitNo. VA0027065, Cooper lndustri~ De,a- Ms. Thmmm: In accordance with the Code of Vkgini& S ectJon 62. l -44.15:01, this is ~ provide you with a o.~py ora;public notice rega~diug thc ret%remc~ Wopo/~xl'p6rmit action, l'hjbl_ic not, cc oF this i~roposed permit action is al~o beSng publish~ in a loc~/[ newspaper, whicl~ wi-lt eatablish a. 30-day public cenmnent period for riffs proposed ~etion. Ir'you wish 1D commit or ryou have any questions ,'egardin_g thia proposed perm:lC, please contact me a/t. the aSove'ad~-css or pkon.e numb~ wi~a thc ngxt 30 days. Sincerely, Norma C, Job Regional VWP Engineer Enclosure .c~: Femur t 'I-'mr>easing File 04-! 7~o?. A09: ~4 RCYD ' PUBLIC 'NOTICE REISSU/LNCE OF A VPDES PERMIT'TO DISCHARGE TO STATE W~A27rTRS AND STATE CERTIFICATION LIN-DER THE S~ATE W-ATE~ CONTROL LAW ~'imt Public Notice L~sue Date: (to be supplied ~y ~tew~@aper) '. The 8t:.ato._W..ater Ccm/rol Bo ..ard h~ under con.qidera-&m tke_re{~mm~ o ~the. follawingPermit ~nd_ .... · _ State Certificate.: Permit.No.: VA0027055 Permittee Name o_rd Afldre~ C,~>o~ lndustri~, l.n¢. 60'0 Tm~s Awnue; 8'0t¢ 58~"~o~ ~ 77002' F~ N~e ~d ~afiom Co~ ln~ffi~ ~, 395 'E~ ~ Road, ~vflle, VA Diehmge D~on:.~g ~us~ ~mh~gc gsut~g ff~ ~e ~fi~ of 6 ~o~wa~ ~ove~ wells;.Disch~ge F10w: 0.04 MGD: i Ou~.' R~g 8N,~;'Sou~ Fork ~a River, ~; Str~ ~e: 1.25; B~in: Jm~[~]e);' On the baai~ ofptelim_in~'review and. applica~ima of taw-f.d standm'~ mad reg~Ia6_om, ~e State Water Can~zol Board propo~aes to re2asue the.per-w2t subje_~ to certain mhdit/'ons. Tl~.p~s~ permit action'is tentative and coa~Lsts o~"limiting, tlie t'ol_3, owing parameters: pH 6.0 SVm/n, 9.0 SU" max; mangmese 50 Fg/L. Th/s permii will mai~t0.Jm the Water Quality Sfaxndarcl~ adopted by the Board, All pertinent, irfformation is oa file a6d may be msp~te.d or cop(ed by eorttaet.mg Nornm i2.. 3'61/at thc D~pattm~t oTEnv'korane, ntal Q~uali~;y (DEQ); V.'.allcy R~gioaaI Office,:44I'] EarI~ Road, P.O. Box 3000, Har~on'burg, Virginia 22801; Teleph6n~ N02.(5~.0) 574~7g02; ,e-ma/t '. ;'. ncSob@deq.state~va~u,, :?~n, may comment'in writing or by o-ma/1, to D~Q on the pr0.tSt~" pen'nit action arut m~ty reqa~t a public heahngw~hi~a 30. d~y~ from ~e dzle of She first aot4i.Co, '.0nty those, eomme~s rccdv~ w/Sa/n tht$ pzfiod wilt be considered. 'AddreSs cornme~m to the eon~w~ per~or~ 14steal' above.' Cm-amer~ shall include the name,!~.ck, ess, and felept/0ne nU?nl~er O~.l~e ,triter, the f~ffity n~4n~ e ~ VI>DES permit numbers ~ g ~omplete, concise' st~t~aent of tile ~ basis. · tbr ~e ccimmeats, lt~equ¢~U for a publie'heari~g shall s. tate th.e ream why!:a inearhag is i~.aested, the nature cfth~ issu~ proposed to be raised ir/the public 1/eating; a~d'a, br:j.'ef expl;matio~...~f l.~ow the requeste/'s in~..ests·would be ~rectly and ~verseiT: at57ect~ by ~'e-prb~o'r, ed permSt'~a~ion~ · DEQ may.dedd~o to held'a'.pub~o hea~ring i~publi6 restmme.~s ~igrdfioant.' . ....: - · · Following .tg.~ comment period, .the Boat-~ Mll make:a det~minati~n regarding t'he !or0po.. r~.~ permit action.. Tb2s rleterminat:im will b.e~me &t'feefi~re:tm~e~ DEQ grants a pebt~c l~earing. 'Du'o:n0tice of any pnbl_ie he.atSllg will be given, : .. April 18, 2002 David J. or Goldie Belle Feigert 2218 Garth Road Charlottesville, VA 22903 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 43, Parcel 25E (Section 10.3) LETTER OF CORRECTION Dear Mr. and Mrs. Feigert: This letter replaces the determination dated April 4, 2002. This letter now assigns development rights unconditionally based on acreage calculations provided by Roger Ray, L.S. The County Attorney and I have reviewed the title information for the above-noted property. It is the County Attorney's advisory opinion and my official determination that Parcel 25E consists of two parcels. One parcel is the residue of the 64.3 acres conveyed in Deed Book 178, page 97. This parcel contains one theoretical development right. The other is the residue of the 22.3 acre tract conveyed in Deed Book 178, page 170. This parcel contains four (4) theoretical development rights. The basis for this determination is summarized below beginning with the conveyance described in Deed Book 267, page 101. Our records indicate Tax Map 43, Parcel 25E contains 25.17 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1619, page 187. The most recent deed for this parcel prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) is recorded in Deed Book 331, page 557. Deed Book 267, page 101, dated March 1, 1946 conveyed 86.6 acres from Charles C. Tennent and Adelaide P. Tennant to Thomas R. Shepherd and Kathleen Anne Kelly Shepherd. The property conveyed is described by metes and bounds on a plat by Hugh F. Simms and Son dated February 1946, hereto attached and made part of this deed, I:\DEPT\BOS~Agenda Word Files\May 1,2002\FeigertDetermination.doc 1 T.M. 43, P. 25E April 18, 2002 Page 2 and being the same property which was conveyed to the said Charles C. Tennant by two deeds as follows: (1) By deed of William B. Murphy and wife, dated December 8, 1921, of record in Deed Book 178, page 97, conveying a tract of 64.3 acres, more or less; and (2) By deed of W.O. Watson and others, dated December 20, 1920, of record in Deed Book 178, page 170, conveying 22.3 acres, more or less. It is determined that the 64.3 acre tract and the 22.3 acre tract were separate parcels of record at the time of this conveyance. Deed Book 331, page 557, dated May 1, 1957 conveyed 59.86 acres from Thomas R Shepherd and Kathleen Anne Kelly Shepherd to W. H. Paine. The property conveyed is described as the entire remainder of the lands which were conveyed to the grantors by deed of Charles C. Tennant and wife dated March 1, 1946 and recorded in Deed Book 267, page 101, after the conveyance by the grantors of 14.6 acres and 2.64 acres to Gladys B. Wanner ( See Deed Book 310, page 125 and Deed Book 317, page 8), and 9.5 acres to Vincent Jamme (See Deed Book 315, page 121. The said deed of Tennant and wife contains a plat of the entire acreage thereby conveyed, and each of the conveyances off was made by reference to a plat attached to the deed. Reference is here made to said deeds and plats for a more particular description of the lands hereby conveyed. This is the most recent deed for this property prior to December 10, 1980, the date of adoption of the zoning ordinance. The three parcels divided from this tract referenced in this deed did nothing to combine the Murphy and Watson parcels. It is determined that this 59.86 acre property was comprised of two separate parcels of record: The 37.56 remainder of the parcel conveyed from Murphy to Tennant in Deed Book 178, page 97 and the 22.3 acre tract conveyed from Watson and others to Tennant in Deed Book 178, page 170. On the date of the adoption of the zoning ordinance, December 10, 1980 each of these tracts was entitled to five (5) development rights. Deed Book 709, page 284, dated December 29, 1980 and recorded on January 23, 1981 conveyed 25.17 acres from W. H. Paine to Ellen R. Barber. The property is shown on a plat by W. S. Roudabush dated November 3, 1980 attached to this deed. The property is described as being composed of portions of the property conveyed to W. H. Paine by deed of Thomas R. Shepherd and Kathleen Anne Kelly Shepherd on May 1, 1957 and recorded in Deed Book 331, page 557 and by deed of John L. Sanford and Elizabeth L. Sanford on October 20, 1955 and recorded in Deed Book 319, page 492. I:\DEPT\BOS~genda Word Files\May 1,2002\FeigertDetermination.doc 2 T.M. 43, P. 25E April 18, 2002 Page 3 Parcel 25E was erroneously created by the recordation of this deed and plat in on January 23, 1981. The County did not approve that plat and therefore, it was not a legal combination or division of the prior existing parcels. The plat did not and could not assign development rights as required by the zoning ordinance adopted on December 10, 1980. This plat did not recognize the two separate parcels conveyed by Deed Book 331, page 557. Deed Book 903, page 251 contains a plat showing the subdivision of Wingate Farm by Gloeckner, Lincoln & Osborne, Inc. revised May 29, 1986 and approved on October 10, 1986. This was the property of Blue Ridge Land Trust being parcels 25, 26 & 27A of Tax Map 43. The plat divided this property into twelve parcels; two parcels containing 21 acres and ten parcels containing less than 21 acres. Development rights from particular parcels were not assigned to the new lots. However, the plat did carry the note, "No further subdivision without Planning Commission approval." It is assumed that the County approved this plat on the basis that Lots 1, 2, 4, 5 & 6 derived their development rights from Parcel 26 and Lots 7, 8, 9, 10 & 11 derived their development rights from Parcel 25. It is further assumed that Parcel 25E was considered to be a separate parcel of record with no connection with the creation of Wingate Farm Subdivision. The intent of the plat was to exhaust the development rights of Parcels 25 and 26. The result of the Wingate Farm plat, absent the finding that Parcel 25 originally consisted of two parcels, was to exhaust the development rights of Parcels 25, 26 and also Parcel 25E. However, the determination that Parcel 25 actually was comprised of two parcels on the date of the adoption of the ordinance means there are five additional development rights within the bounds of the 22.3 acres conveyed in Deed Book 178, page 170. Therefore it is determined that Lots 1, 2, 4, 5 & 6 derived their development rights from Parcel 26. Lots 7, 8, 9 & 10 derive their development rights from Parcel 25. Lot 11 derived its development right from the north portion of the 22.3 acre parcel conveyed in D.B. 178, p. 170, provided this area contains two acres. Four (4) development rights, depending upon the acreage, remain from the residue of the 22.3 acres, within Parcel 25E. The portion of the remainder of the 64.3 acres conveyed in Deed Book 178, page 97 within Parcel 25E retains the one (1) remaining development right from Parcel 25. There have been no off-conveyances since the recordation of this deed. Both of the parcels described above are entitled to the noted development rights if all other applicable regulations can be met. These development rights may only be utilized within the bounds of the original parcels with which they are associated. These development I:\DEPT\BOS~Agenda Word Files\May 1,2002\FeigertDetermination.doc 3 T.M. 43, P. 25E April 18, 2002 Page 4 rights are theoretical in nature but do represent the maximum number of lots containing less than twenty one acres allowed to be created by right. If you are aggrieved by this determination, you have a right to appeal it within thirty days of the date notice of this determination is given, in accordance with Section 15.2-2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of $95. The date notice of this determination was given is the same as the date of this letter. If you have any questions, please contact me. Sincerely, John Shepherd Manager of Zoning Administration Enclosure: Roger W, Ray 1717-1B Allied Street Charlottesville, VA 22903 Copies: Gay Carver, Real Estate Department Ella Carey, Clerk Board of Supervisors Yadira Amarante Reading Files I:\DEPT\BOS~Agenda Word Files\May 1,2002\FeigertDetermination.doc 4 [, [i :' I E.CLAIR RYAN IN'BROOK CORPORA1E CEN~ER GLEN ALLEN, VIRGINIA April 18, 2002 By First CTas~ Mail Mr. Ma~n Virgi~ State Corporation Commission Case Nos. PUA020010 and PUA 020012 ': joint Petitions.of Comcast Business Communiec~iock¢ of Virg~nia~ LLC, Jonee Tetecommt~ns of Vtrgtn~ Inc.,, Com~x~t Corporation, A T& T Corp. and AT& T Canwaxt Corporation Pun!.uant to the dit~tiv~ of thc Vilghfia State C,m~pomtion Commiss.ion, I am on,losing ¢oplt;s o~ ~e Commission's Orclm'~ of March 29, 2002 a0d April 5, 2002 i~ the above matte, rs.. Pl~s¢ re£~ to. tlie enclosed documents if you ha}re'any questions or if you ne4M m~ything S incea'el y, Eric M. Page gNiP/wyg John O. Sullivan, Esqt~re Don',rid. O. Owens, E;quhe Michael C..Engel, Esquil~ .STATE CORPORATION · 'JOZt~r ~E'~ 'r T 'r ON OF _~ ........... .. COMCAST BI/STSTESS COMMLTNICATION8 " ':... OF VIR~.I~tA, LLC, CASE NO....PUA0~.e01O. % JoNEs TELECbMMU~ICATEONS OF. VIRGINIA .INC. ,~-~.~' ' and COMCA'sT C©R'PORATI©N Eot approval of .transfer of ultimate ~o~trol Of Cqmca~ Business .Communieatlon~ of Virginia, JOINT ~ETITION OF AT&~ CORP. · AT&T COMCAST CORPOF%ATI©N cAsE No. pUA0200i2. For approval. ~o:.~har~e contr'ol of AT&T B.rqadband Phon~ o~ Vir~i~ia~ Inc., to AT&T 'Co~¢ast CorPorati. ou AMENDING ORDER 0n'~ar'ch 5,. 2002, Comcast Bus/ness Co'm~u~ication~..~f ylrglnia, LLC'{I'CBC'r), Jones Telecommunications O'f'Vir~&nia, In~. (l'jones-VA~) ,' and' Comcast CorpOration ("Comcast~,') ·.·filed'. ~. ·" joint, peti~ion ~¢ques. ting approvall, pursuant to ~ 56-88.1 'of th~ Code o~ Virginia',. t.o tr&nsf~r ownership and eon~ol"0f comcastr th~ ul'timate parent.of. CBC and Jo~wes~UA to a newly cremt~a ul.t~mate.-parent, ATaT Comcast Co'r~0rat~on (,,i~T&T 'C~m~ast '~ ) ' ("Jones 'Comcast..petiti0n,,).. Th'~%. p~itlon was.' docketed, as Cas'~ No. PUA020Oi0. O~ March 7, 2.0O2, AT&T.Co~. ("AT&T.~} and AT~T Co~'cast fit'ed a ··joint petition requesting approval, pursuant ~ '56'-Bs'~i bf ~he code of virginia, ~o tr~sfer ~ersh~p an~. '" control of.ATaT Sroa~and Phone· oi Virginia, . Inc B~ca~and Phone· 'of '.VA"), to AT&T Comcast {"AT&.T Petition'}.' Tha~' petit"icn was ~ocketed. as Case 0n .March. 2~ 200'2, the Commission entere~ its Qr~r for No~ice 'and ·Comment wherein, amon~ o~her things'~ it ~et'e~ined'.- that t'he'..Betiti~ns should be considered't.6gethe~. ' Tha ~rch 291' '.'.' "2002,'. 0~der .=xten~ad th'e. ·period of ~eview of · through-. Juna 3, 2002~ prescribed public nutic~, a.nd inMited"' int·erest~d·per~O~s to f~le co~entS ~r.raquests for h~arin~ th~·results of its review b·y ~a¥ 13, 2002. "O~ April 4, 2DDP', th~ .Petitioners, by counse%., fi~ed a. "'. Moti'on~. 'requesting leave to·publish 'th~'pr~scribed nc.rice a~'" c~assi'fied, r~ther than disptay, 'advertislr~ in. ne~spap~'~s' of gen~ai circulation 'throughout.~he' CQmmonWealt. h. The. P'atiti~u~rs"requaste'd the CQmmis~ion .t0.ex~en~.~ other. "pr0~dural. datss for'comments and req~'ests for.heari'ng .f~t'ed-by x. ~Ilect~va~, CBC, Jcnes.-'vA, COf~ca~.t~. ar~ AT&T Co~t W~ll..be".~-red t~'. procedur~l:'dates for these f. ilings in its Mo~ion: The Company. supports its Motion.by asserting that· the publication of the Prmscribad notice as dlsplay.advertisements: . · · i·s too expensiye. Tke Petitioners allege that the ~ost of adverti.sing'-f~r the Jones Comcast Pe~i~ion and AT&T Broadband Petition ~s'-display·advertisements wo~ld' be approximately' $24',00.0. The. c'ost: of advertising the Petitions a~[.'displa¥ '. advertisements' in.~ewspapers of general ci~Culatlon, in. ~ke ~reas in whick CBC, Jon~s-Vk, .and AT&T. Broaclbs_nd Phon~ ~f Vk..serve 'customers in Vir~ini~ is.. $9,800, The oos't of '~tate'Wiae ~las~ified advert·fsfng. · · for the petitions will be approximately NOW,. UPO~'cons'idera~itn of the Pe¢it%one~s. April Motion,'.the. co'mmi~sion i~. of·the opinion and .~'i~ds that April ~.i 2002~ Mot'i'~n s'hould be ~r~nte~ i~s~far"-as leave ~o.pubiish the. native prasqribed in 0rderin~ paragraph'" '"' ' · (12').o~ th'e.M~rch 2.9~ 2002, Order for No~i~ a~d C~nt as 'cta'~f~ed~ rather %~a~..~iSptay, sdver~isin~ in.ne'wspa~rs 'of'" "9eneral"cir~c~la~ion throu~hout th~ Commonwe'aith'aDd..±nsofar. a'~ i~ ~eq'~emts ~n mxtmn~i~n..~ ~im~ in'which'the newspaper ..publication wi. It be made, '. .we decline ~6 'adopt ~he prmcadu~at.sc'hedul'e.'" the 'Peui~foners because" w~' do no~ believe th~' it · 'provides sufficient time'for in~&~ed persons'to respond the 'complex issues posed by the subject peti.tions. . consequently, we"will extend the procedural dates for t~e. Staff and interested ·persons as Set ~orth below.. ... · in addition, in order .to'accommodate a thor.~ugh.'re¥iew.of the.i~ues.an~ cO~ments.'~h~ may be raise~ in ~'hi$ p~oceedi~ wa'will extend.our period of' review'of these ma~ters'from. ~June 3~ 200~,'.~o..July 95~ 2002,. as.P.e~mitted"by.'§.56-BS.1 of-t~e ." Code.of Vir~tnia.~ Accordin~y~ ET .IS ORDERED 'THAT~ (1)' Thc ~pril .~, 2002, Joint Motion'for Chan~e .in AdVe~tisin~' .Ptt_b~'i'cation is gran~ed.'to t~ ex~ent th~t.'i~ ~ermits an. exteD~ion-'of time to publish t~e pr~scribed public notice from...Ap¥il 5, 2002, to April t~, 2D02~ &~d tb the exten~ i~. reques~s.'lea~e 'to.pubti-~h the pras~rlbed notice.as C/aszified advertisin9 in.newspapars of ge'natal circul~tion'th~ougho~t...the Commonwealth,. -. "(2}. Our period 'of review for bhe subject 'p~ti.tlons .shall b~ extended..throu~h J~ly.~%~ 20~.2, as p~rmi'tt~d~.by'§.. 56~8~'1 of.. ~he ~oda of Virqi~i'a~ ~3) 'Qrderin~'Paragraphs {5)., (-6)~ (7t.,. aha'(8)' of the' ~arch'.29~ 2002~ '¢rder.for ~O~ice"and H~arin~ shall b8'amend~d-t'o. exten'd-.the.'tlm~ ~o' May. lg,. 2002, b~ which · file commen~s'..'a.~/~.~·requests for hearln~ on the AT~.T Broad'and P~t-itiOn, as'well 'as no~.iees Sf · pa'rt'ie.ipati.on re.lated to-these pet.itions." (.4)..orde~ing'.paragraph IR} of' [he ~arcli 2~,. 2002~ Order for Notice and "Comment sh~ll be revised to permit the Staff · file, on or before May 3~ 2002, ~n ori~na~ and ·fifteen · copies...of i~ ~eporte detailin~ the r~sutt~ of it~ in~estig.atio~' of '~he petitimn~ and the issues '~aised therein. [5). ~rder'ing ParagraPh (lO) of'th~ March ·29,. 200~., Order "' for·Notice· an~' comment shal.~ be revised to p'ermit'par~ies ~ntere~ted peri'ns'to file any respo~s~ they.may have Staff's report~''on or before June l0r ~0'02'] " (.6 Orderimg'.Pa?ag~aph ('12} of the. March 29 2002' Order.' .for h~o~ice'and commen~..sh~ll, be' revi's'ed to renu'ire ~he. Petitioners to', on or before April' 19, 2002, co,plebe 'the · ..' publ.'ica~i'o~ of. t~e.f, oll0wing., noti~., as classified, adverti.sih~, On one 9~asJon., in ~ewsPapers of ~eneral cir'm~lation '~hrou~homt ~he Com'monwealth: :. NOTICE TO TH~. ~UBLIC OF J©%NT' PETITION OF. "(t} COM.C~kS.T'.BUSINySS COMMUNICATIONS OF '. VIR~I~I~,.LLC,' JONES TELECOR94U~tCATION~ oF " " ..: VZRGINIA,.I~C.~.AND,' (2'} COMtlRsT CORPORAT. ZON · (~%~E NO.. PLI~02O. O10}' ~ 'JOINT PZTITIO~"OF " ~&T COP~.. AND AT&T COMCAST CORPORATION ' C~mmunioatio~s of: Virginia, L~C '("CBC'".};. .... 'Jones· Te~'ecO~ru~nications of.Vir~ini~, tnc .... -' '{'"'J~es-VA"), and Comcas~ Corporation '' '"'("Comcast") flle'd a j. oi.n~, pe¢itiom requesting approval,'purs~'~nt 5o § s6~08.1 " of the code. of ~ir~inia ~"codu"}, to tran~ger ownership and uontrol of comcast, .the. u'ltimato parent of"CBC and Jo'ne~-VA to a-" ..newly~created ultimate pa~ent, AT&T Comcas~ 'Corporal!on ["AT&T Come,st.} ["Jon~s Comcast Petition.). The Jones ComcaSt P~t..it'ion is' ~cketed as Case No~ PUA02005~. On March 7, 2002, AT&T Corp. and' AT&T. Comcast file~ a joint pet. i=ion reque~tln~, approval, pursuant to § 156-'88.1'"' · of·the Co~e~ to transfer ownership and control of AT&T Broadband Phone of Virginia~' Inc. ('"AT&T Broadban~ ·Phone of VA".), to kT~T " Comc.a. st {'.'AT&T Broadband Petition,¶] . The" AT&T Broadban~ Petition is docketed as Cas~ ... No.'PUA~200~2~ Co'ltectively.~ .CBC$ Jones~VA, Comcast$ A~&T, AT&T Comcast ~lI be .''. referenced as the-"Pe~itioners.,~ . ."A~reemeut and Plan of M~r~er dah~ De'cember'191. 2001, between Comcast' and AT&T Corp.. Pursuant to tha~ A~reement, AT&T Comcast.is bein~ formed to hold AT&T.~orp..',s broadband business and all of Comcast[s· · buSin~s.se.$.. 'Upon completion of the transaction, ~0mcast will be a wh~l'l.~ o~ned Subsidia.ry of AT&T Comcast. The'.AT&T. .. broadband business will be conducted, throu~'h-.. a. ~eparate subsidiary, of AT~T Co,cast.. '".. peri=lo,ers represent that the Chang~ in '. Co~c&~t~s control does ~ot involve, a' · transfer of operatin~ authority 'and that i~.' wit.!'not, theTefore~ affect the identi~ies : of CBC, Jone~VA, and AT&~ Broadband Phone ' "'" of .VA. or the r~tes, terms, and condition~. '.' · ' Under' which services 'ar, currently.bein~ provi6e~ in'Virginia. The'commission has.eXt~ndmd i~$ r'eview . of the above-~eferen~d 'petition'~'..through' .Ju't~ 3~. "2002. Copies of the abo~eh referenced petitlon~ ar~ a~ilabl~.for i~spectfon.durin~ reg~'iar.busine~s hou~ tb~··St&=~ Corporation C0~imsion~·Documealt 13.00 ~as~ Main Street~ Richmond,.Virginia.. Interes.ted pe~sons.~ay, also obtain a 'copy of the ~bove-referenced pe~ttion~, a't no ~ charge, by recfuesutn's a copy i~.wri%i.BF from the 'appropriate coungel for the proceeding aS d~tailed herein. On or'before ~ay-lg, 2002, interested"perso~ may file comments request for hearin~ on the Jones co~oast Petition {2mae ~o. PUA020D'%0)...An¥ req~e~ for haarln~ shall detail'the reasons that. such issue~ cannot be adequately addreSs~'. ih written comments. Interested per~ona. must file vith the Cl~rk,. state Corporakion '" P.O,- Box. 21~S, Richmond, Vir~in±a 2521~,.-an ori~inali and ~i£~een ~!5) ~Opies of ~o~memts and/or requests ior hearin9 on the .Jones Comcast Petition. Such and/or requests:fo~ hea~ing.must: :simultaneously be'sen~ to co.unsel f~r Cas~"' No..PUA020010 a~ {h~ address-notmd.'~elow: · Eric M. Pa~e~' ls~ir~, LeCIair Ryan, PFC,, 4201'.Dominion Soulevard, SBi~e 200, Glen on'or before Ma~. 19, 2~02,.any interested p6rson filin~ camme~S a~/or''.': re~u~s~s ~e~ ~ear{n~ O~ the Jones Co~cas~' P~61tion' {Ca~e ~o.' ~%r~20QlO} may also fil~ a'.~'o~ice of p~rh%cipa~ion in accordance, wit~' Rule 80-B of the Co~misaion,~ Rules of copy of any notice, of participation must simultaneously be.se~t to. ~he ~ounsel in'.' Case NoJ PUA02001~ at the address set'fort~ On' or before May i9, 2U0P, any 'interested pe~on may file Fequests'f~r heari~9.0n.the AT&T Broadband Petlt'ic~' (Case'No~ PUAO~.O12}. for hearing, shmll '~ail the rea'sons.=hat" such issues.canno~' be.ade~uate'ty."aad~.~s.Sed must"file w'ith the Clerk, ~a~e CorporatiOn " ·'·commission, c/o Document Cmntroi.'center, P.'O..~ox 21lB, Richmond, Virgin.ia 23218, an : ori~inal..and fifteen [tS)-~opies of any comments 'a~d/or requests for ~eauin~ on ~he ... .. .AT&T'Broadba~d Petition. Such comments .'. and/or requests ~or hearing o~ AT&T'must simultaneously be sent to counsel, for'Cage. ' Noi.PUA02D012 at th'e address, noted:below:" Donald' ~, Owens, Esquire, Troutman Sanders " Maym ~ Va'lentine, 'L.L.P.,.lltl. Eas. t Main street~ Richmond, Virginia ~n or before May 191 2002, any'interested per,on filin~ commen~s an~/or requests for .. hsarinu..~n t~'e AT&T Broadband petition (Case No. P.lIkO2OQ12)"may almo file a noti~a of '. .... partieipmtion in accordance.with. Rul'e S0'B of .. thm Commission'S.Rules of P'rac~ic~ and .. Procedure, 5 VAC.5-~0-80"B~ A ~opy'of any '- not'ice of participation mus.t simultanaously be sent tQ ~e counsel..in Case No. PI/A020012'at' "ffhe. ~ddress set'forth above. "- : .. 'x. copy Of the O~4er flor Notice .asd. Comment an~ the Csmmission's Amending Order· may-b~ ..... · ' obtained from the Cler~ of th~ .Commission.:' T~e[. '. '"' ~ext.' of the.".Order may. be viewed' at the Commiss%©n's'website: ." .htt~_~.~www-~tat~,_v.a.us/mc.c/Caseinfo/or'ders'[htm. COMCAST'BUSINESS C©M~TNI~TIOM$'.O~.VIRGtNIA,. .....'. .. 5LC, JONBS TELECOMMUNICATIONS OF VIRGINtA~ .. " · ' .INC,'~ COMCAST CORPORAT%ON, ATaT...CORp[., AATD .".... AT&T .COmCaST CORPORATION . : ..' ·".(7) THs. P~titioner~ ~h'all"forthwith.'.serve .a ¢o~y o~ the' · .'.. March.29,.'2~O2',".:pi~.~r.' for NOtice and. ~mmi~st. oJ's ~mending Orcter'on the Chai~man .of. ~'ha.'Bmard.of' · Supe~iso~s of ~ny County aha upon the ~yor or Man.a~e'~ of any " c~unty~...ci~.y, or equivalent of~i'cia!s, in'cou~tle~.,..'~wns', and: 'cities.'havin~ .ait'ernate. ~0rmm"cfi ~overnmm~t' in cBc,s,..Jonem'-.'. · .'- VATs, and AT&T'.Broa~band Phone o'f ~Als. ~el~ice zarritories. Service shal~, be made by fir~'-cl~ss mail or d'e~ivery customary place Of b·6siness or residance of ~he··person (8} On Or b~fcre· ·~une .28, 20~2~ the Petitioner~ shall provida t~e 'commission. with proof of the. notice ~equir~d in O~derin9 Paragraphs .(12)' and.' i.13} of the March. 29'~. 2002, Order. for Not·ice the· ·' (9) iTh~' provisions Of' the March 29~ 2002'r 'Or'er for Noti'~ and .commen¢ shall remain in '~[ffe'ct'axcept ~ ~hose pr0visi~n$.. .... kaVe'been'a~ended by the instang Order. '. Ai~ ATTESTED.COpy hereof ~hall' b, s'ent byy th~'Cle'rk' Of the · . ~ire,'.'420[. D~inion 'Soule~ard, Suite 200,. '.. vi~inia '.23D~0 ? 'Jo'S... G+ .Sullivan, Es~ire, V{de .Preside'hr. and · ~50 Cm~te'rton. Road'.,..Moore~to~, Mew Jersey 0~057}' J'ames · 20036;' Dona}d G. ~S,'. Zs~Sr~, Tr~tman. Sander~ ~.~ · ". .Oakton, VirF{nia 2215S; .and the C0~6ission"s Divisions of'P..uh. Jic Utiiit~ AccoUnting, Communicat'ions, and Eco~o~iCs and Fi~an. ce., April 22, 2002 Board of Supervisors County Office Building 401 Mclntire Road Charlottesville, VA 22902 Dear Ms. Thomas and Gentlemen: Pursuant to the Virginia Water and Waste Authorities Act, I am providing you a copy of a resolution adopted by the Board of Directors on April 18, 2002 setting forth proposed changes to the Service Authority's schedule of fees and charges. A public hearing on the proposed rate schedule is to be held at the County Office Building at 9:00 a.m. on June 20, 2002. Very truly yours, J.W. Brent Executive Director JWB/slrb Enclosure ALBEMARLE COUNTY SERVICE AUTHORITY WATER AND SEWER RATE SCHEDULE Proposed To Be Effective July 1,200! 2002 SERVICE CHARGE $4.25 per =ccountmeter, per month. VOLUME CHARGES In addition to the fixed service charge, a volume charge based upon monthly metered water use will be assessed as follows: Water Beginning with the first billing cycle for the month of June and ending with the last billing cycle for the month of October the charge for water shall be $2.823.00 per thousand gallons. Beginning with the first billing cycle for the month of November and ending with the last billing cycle for the month of May the charge for water shall be $2.322.40 per thousand gallons. Wastewater Metered Consumption $2.5! 2.64 per thousand gallons CONNECTION CHARGES Payment for the applicable connection charges will be accepted only after the issuance of a building permit. Connection Charges for metered services larger than 5/8" shall be equated to equivalent residential connections (ERC) according to the following ratios: 5/8" meter = 1 ERC 3" meter = 15 ERCs 1" meter = 2.5 ERCs 4" meter = 25 ERCs 1 1/2" meter = 5 ERCs 6" meter = 50 ERCs 2" meter = 8 ERCs Service Connection (Tap) Charge - To defray the cost of installation of a service connection from the water and/or wastewater main in the public right-of-way to the curb or property line and/or the installation of meters, all new services will be charged according to the following schedule: (a) Water 5/8" meter and connection $587 1" meter and connection $689 Over 1" meter and connection Actual Cost 5/8" meter only $110 1" meter only $177 Over 1" meter only Actual Cost (b) Wastewater All Taps Actual Cost This fee will be $1.00 for the following Scottsville properties identified as follows: Albemarle County Tax Map 131A, Parcels 01-0A-00100 - 00800, Albemarle County Tax Map 131, Parcels 01-0B-00100 - 00300, 01-0B-00500, 02-0A-00200, 02-0A-00400, 02-0B-00200 - 00600, 02-0C-00300 - 00800, 64A and 65 Local Facilities Charge - To defray, in part, the cost of local facilities (mains, valves, hydrants, etc.) provided by someone other than the customer, the Authority charges each new connection $1,300 for water and $1,400 for sewer. If a developer or customer applying for service installs and funds the local facilities, this charge is not assessed. The Local Facilities Charge will apply only to water and sewer mains placed in service after July 1, 1983. [See Sections 6-01 and 12-04] This fee is not applicable to the Scottsville properties identified above. System Development Charge - In order to defray, in part, the cost to Albemarle County Service Authority of providing major transmission/distribution mains, collection lines, pumping sta- tions and storage facilities necessary to provide water and wastewater service to new customers, a system development charge based on meter size will be assessed to all new customers as follows: Water Wastewater $475 per ERC $625 per ERC (except Glenmore) This fee is not applicable to the Scottsville properties identified above. RWSA Capacity Charge - To defray, in part, the Authority's share of annual debt service on excess capacity in the Rivanna Water and Sewer Authority facilities, all new water and sewer connections to the Authority systems shall be assessed the following, based on equivalent residential connections (ERC): Water $858 per ERC Wastewater $615 per ERC (except Glenmore) This fee is not applicable to the Scottsville properties identified above. Buck Mountain Surcharge - In accordance with the joint resolution signed by the City of Charlottesville, County of Albemarle, Rivanna Water and Sewer Authority and the Authority, all new Authority water connections in the urban service area will be assessed a surcharge in accordance with the following table to pay a portion of the Buck Mountain land acquisition costs: Meter Size Surcharqe Meter Size Surcharqe 5/8" $ 200 4" $ 6,000 1" $ 500 6" $12,000 1 1/2" $1,000 8" $18,000 2" $1,600 10" $29,000 3" $ 2,500 12" $43,000 Farminqton Capital Recovery Fee - All connections to the water lines in Farmington subdivision identified as ACSA Project 2002-1 shall be charged a fee of $7,384.00. Miscellaneous Charges: (1) Account Charge - $6.00 per each new account (2) Delinquent Cut Off/On Fee - $15.00/trip during normal work hours $20.00 after work hours & weekends (3) Reconnection Fee 5/8"- 1 1/2" meter 2" - 4" meter Larger than 4" meter $15.00 $20.00 Actual Cost (4) Special Service Fee $15.00/trip during normal work hours $20.00 after work hours & weekends (5) Meter Size Change Fee All Meters Actual Cost (6) Returned Check Charge $30.00 (Cash) (7) Delinquent Payment Penalty and Interest 10%Unpaid Balance Plus 1 1/2% per month (8) Meter Reread Fee $15.00 (9) Fire Hydrant Use Fee a: By tanker $20.00 per seven day authorization; $1.00 per day for up to five days extension plus water taken @ TWICE the effective rate except when the water is to be used for human consumption in which case the effective rate shall be charged. b: By approved hydrant (1) Deposit meter assembly: 5/8" - 1" meter assembly - $300 3" meter assembly - $1500 (2) Use fee $20.00 per 30-day authorization plus water used @ TWICE the effective rate. (10) Temporary Water Service $25.00 + water used, Deposit required (11) Misc. Delinquent Bills 10% Penalty plus 1 1/2% penalty & interest/mo. Construction Plan Review Charge: As-built Plan Review $32.0040.00/hour $40.00/hour Enqineer Review ~;25.00/hour Inspector Review Construction Inspection Fee: Water and/or Sewer lines greater than 400 linear feet Water and/or Sewer line less than 400 linear feet Reinspection Fee of New WatedSewer Lines Inspection of New Pumping Stations $.50.60/linear foot Actual Cost $22.0025.00/hour Actual Cost Line Tapping Fee - Where the Authority provides water main taps to accommodate line extensions, fire sprinkler systems and similar uses, a tapping fee will be assessed to the customer in accordance with the following schedule: TAPPING MACHINE TAP SIZE LINE SIZE PRICE E-4 %" - 1" 1 ¼" - 3" $100.00 B-100 %" - 1" 4" - 24" $100.00 A-2 1%" - 2" 6" - 24" $150.00 CL-12 4"- 12" 4"- 24" $60.00/inch INSTALLATION OF TAPPING SLEEVES AND TAPPING Mechanical Joint Tapping Sleeve and Tapping Valve: Caulked Type Tapping Sleeve and Tapping Valve: 10"-12 14"-24 10"-12" 14"-24" VALVES $400.00 $500.00 $600.00 $600.00 $700.00 $800.00 INSERTING VALVE 4" $700.00 6" $800.00 8" $900.00 All water mains shall be uncovered and cleaned by the customer, who shall also supply all materials. The excavation shall be prepared in accordance with all applicable safety regulations. Return trip charges resulting from the customer failing to properly prepare the trench and pipe for the tapping/inserting operation will be billed to the customer. These additional costs shall include labor, equipment, and overhead costs. I certify that the foregoing is a true and exact copy of a resolution adopted by the Board of Directors of the Albemarle County Service Authority in regular session on April 18, 2002 by a vote of_6 to 0. J. W. Brent, Secretary-Treasurer ell ep,m ejmt~ ell ell 0 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Truck Restriction on Proffit Road SUBJECT/PROPOSAL/REQUEST: Request to restrict trucks on Proffit Road between Rt. 20 and Rt. 29 STAFF CONTACT(S): Messrs. Tucker, Foley,Cilimberg, Benish, Wade AGENDA DATE: May 1,2002 ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: BACKGROUND: The residents of Jefferson Village Homeowners Association, Landford Hills Homeowners Association, Meadowfields Homeowners Association, Pritchett Lane Homeowners Association, Proffit Community Association, and residents of Chesterfield, Forest Ridge, and Terrybrook subdivisions have requested that the Board of Supervisors restrict through trucks on Proffit Road between Route 20 and Route 29. (Attachment I) Staff presented the request and petition to the Board of Supervisors at their March 6, 2002 meeting (Attachment II). The Board of Supervisors directed staff to conduct the analysis required by VDOT to determine preliminary eligibly for the restriction. DISCUSSION: Staff has conducted an initial review of VDOT's guidelines for considering requests for restricting through trucks on secondary roads. This analysis can be found in Attachment III. Based on staff's review, the request meets 3 out of 5 VDOT's criteria and staff recommends that the Board of Supervisors hold a public hearing. Next Steps: · Board of Supervisors holds public hearing to take comments. Major trucking companies will be notified. · The Board of Supervisors will decide to support or deny the request for a through truck restriction. · If request is supported, it will be forwarded to VDOT State Engineer for action. If the Board decides not to support the request, staff will work with residents and VDOT to minimize the impact of truck traffic. RECOMMENDATION: Staff recommends the Board of Supervisors hold a public hearing on restricting through trucks on Proffit Road between Rt. 29 and Rt. 20. : : i I PROi~.~iT RD PRO:POSED TIqROU@H TROCK .ALTEP, NATE ROUTE MAP VA ~T:Tn~r~ VA ,q'~md u.~ + · ,A.TTAC.H.~NT I .,... COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Proffit Road Through Truck Restriction between Rt. 20 and Rt. 29 SUBJECT/PROPOSAL/REQUEST: Request the Board of Supervisors determine if staff should evaluate the request to restrict through trucks STAFF CONTACT(S): Messrs. Tucker,Foley,Cilimberg,Benish,Wade AGENDA DATE: March 6, 2002 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: Yes ITEM NUMBER: INFORMATION: INFORMATION: Go to Recommendation BACKGROUND: The Jefferson Village Homeowners Association, Landford Hills Homeowners Association, Meadowfields Homeowners Association, Pritchett Lane Homeowners Association, Proffit Community Association, and residents of Chesterfield, Forest Ridge, and Terrybrook subdivisions have requested that the Board of Supervisors restrict through trucks on Profflt Road between Route 20 and Route 29 (see Attachment A). DISCUSSION: The Board of Supervisors endorsed proceeding with an internal through truck restriction process in 2001 (Attachments B & C). This request meets the criteria set forth in the process. Based on the County's internal review process, area residents are requested to provide the following information: A. A petition(s), which has been signed by a majority of those persons currently residing along the proposed route, requesting through truck restriction. B. Identify the reason the restriction is being requested (speed, noise, volume, accident data, etc.). C. Identify the terminus points of proposed restricted area. The residents have submitted a petition (Attachment D) in support of a through truck restriction. The petition has 348 signatures. This represents a majority of the persons currently residing along the proposed route. The residents have requested the restriction because they believe the road was not designed to handle the current traffic and is very unsafe. The residents stated in their submission information that Profflt Road has blind curves, poor banking, narrow traffic lanes, and shallow building setbacks. The residents propose Route 649 between Rt. 20 to Rt. 29 as terminus points. If directed bythe Board, staffwill conduct an analysis of VDOT's criteria, the results of which will be presented ata future Board of Supervisors meeting. The Board can determine if a public hearing should be held at this time. RECOMMENDATION: Staff recommends the Board of Supervisors direct staffto conduct the VDOT required analysis of this through truck restriction request. Attachments: A. View - Area residents request letter B. View - County letter outlining internal review process C. View - Flow chart of internal review process D. View - Petition AT'£ACI-FM IgNTF A - D<~x~'~tnbc~ ~_001' . Dear Me'ribes o£ ~Llbe~mr~ We.wish to req~ue.,t the.banning of through tracks having mo~:~ t]~ two 'axles. · Road 5ec~e~.n Route 29 North md'Route 20 North (Swny. Point Rea'd), t~or the t~otl, oWing.: ]'), 5'~tf~iy of our residenta; commute, rs. ~ who w//l u,~e.~he Co~m~.',~.n~ ~r- · ' Butler El~an~ Sc~J on ProJfit R~ 'It is ~ffi~ md' d~oug : 'gm ~ ~d om 6fthe are'ms ~d ~iv~ys ~ ~t Ro~.. With.'t~o'~ ' ' Park; 'NGIC, ~~. Town C~r, ~,)~ ~[ .wil} nor get my'b~.. ~t' s). 4). 'Road predate~ 5rDOT, zoning regulations, and'modm-n'e, agin~ng and.d..e~ig~. " m~ds. Sp~t ~ov~t.s'c.~ ~p ~ ~ at m~ probi~s md ~e'su~ ~,d.. The ~e ofm~ md ~h6ol bus traffic, is not' d~ie und~iCrma!. · ~c:'~ b~ '~e n~ School ~pens.'is ~h~ mo~ ~¢~]e and easi~.~p0t imp~o~ t~ ~ be. made for the ~a~W. of~t ranched,. . . .~v~o~nt~ :'m~m · .La~e di~M ~u¢~ ~e noi.heId to the ~e n~ ~d · ~~ me~ w~"~me a~qeulmr~ u~s as w~. ~ [ ' ..~ pr~t..m~Br~le ones. ~.e~et; we wo~d be b~ ~at' ]s'~y the d~op~ of~o~ Ro~. We of~e.~sponafion ink, tmon, ofo~ m~. We do ~t '~k a r~m tb'~ '. ,. ,,I · .Boaxd of Supervisors .Alb~arte C~nty · 'Deg~mb~r 2001 page 2 'gn0d aid days' b~ we .are unequivocally' opposed to the. fimhea' development ~ ~offi~.Road b~ond ~t~ ~e~t ~efio~ ~s~mtion.: We .oppo~ ~o~. '~ck~ ~fi-~g, ~ei~ dev~~8, aod Otk~'devel0pm~u ~ropfa~ ~.u~y to put com~nity, We ~ppo~ p~an and ~cle'.e~cm~..bea~ p~ ~d ~ ~Wes..~e..solufioa.tq our ~affie W~bl~s do~ not lie i'n.:the .~r00~on of out ~mU~ty ~ ~e' ~ of ou~ ~M~n s~et" but i'a.be~' p~ .~d ~e~ id~s.' We consider this to be a reamuable, and .t~. 'c-&[ rerfuest. R does not r~msent a radical' ' 'dm_age ~?om the present ~.mali0n. Th.e only togieal r~tso~ for denyi~g.'our'requeat is beeaus~ of . · ,'m .intent to op~ Pmffit l~oad 'and our.neighborhoods to tmayy true,& frmffie iit'tlie fotura, to W~C~ v~i are veheniea~y opposed. Thank. you.f0r your careful eormideration of.our petition.. The Coalition for a Safe Proffit Road spoasored by · Jefferson Vitta~e ~sid~ts of C~erfieI~ .For~t Rid~, ~ Terryb~& ~b~.via~'. · COUNTY' O.F ALBEM)~ttl ~'E Oe~rnn~t of P l aaning & O~m~t~[ly Dev~l~lt ~} McI~;i;~ Raad, Romn 21 ~ ~ari~le, Vit'gh~[a ~902-4,596 Fax (434) 972 - 4~f 2 ATTACH MENT It Dear'Coun~ Rcsidmt: .. You have iuqttiI~d, abou¢ h~z'7~g tru~k traf_5o r~rigtcd in your ne/ghbodiood. IJnd~ o2rretl'~ State the (Sn'unty can only reslri,t "tl'n-0Ltgl'~ ~l"~z'~ic'', Ifa ~uuk hegs a lcgit[mat~ dszst.iaaI/oh within thc propoaexI resthctcd areas, the restriotion Would ~ot apr>ly. In order for th/s reqt~t to be placext tm ltfc.kloard.of 8 ulnc~rvisfrrs age_~h; for discu.ssq m, you will no,d ~ 'furnish the'ibllowing 1. A pe6tion(s); Which has bee~l' sig~ed by a majonty'of~o~ pea'sons currentTy rc.~'idiag along th~ propo.,~ mat¢,.reques6ng ffrrough truck regriction. 2. · I.dcaafify the re~son thc ms~¢fion ia being reqctested (~pex~, noise,"c01umd, t3mide-at data, crc.). 3. Idemtffy the Wn-nmus podnts of propom'd restticf~, area. This 'information flaotdd be 'forwarded to *~, Clerk o£ the Board ~ Strperviaora, Albemarle County. 401' Mcln~e 1;koad, Cl~d~ Ltc.~lle VA 22902-45 96. of k}~ Board. tbr discussion. ~.~he Board s,,ppotgs flue request, thcy will request staff t~m thc Departmc~nt of Plmming and C~mqmataity D~e]olm~cnt io further amqlyze tl~ req,te~t against VDOT gt~deHnes. Stuffy,411 prt;-pare 'a ~aft' repo44 ~5~ 'a. reeomnx_mdatior~ to file Boar.d of' Sttp~vis~s. Jkt that hmv, the Board gupe4wi'.s~o'rs'may sekedu-le ~- pubhe hcari~ to ~ co~m-s~ts fi-mn anyone wirda_ing k* ;'pcak~ either in or in'oppbsiticct; to your req,tcst: It is'euammary for the County t~ kontact ~hc major .truckiag c~mpani~.~ in the county for all thmltgh lruok reatrietior3 requcsts. lqfl.loaving the Du.'bli¢ hca~ing, ~t' at a- ~tm-e meeting, the Bo~d will dccicle to Sul~Pat¢ or deny thg reqt~¢st for khrotzgh -knack re, trio[ion, l_f the reqttes[ 5s s,q:rpol~ed, it will bc forwarded to the YDOT~ State l~tgineer' for a~tion, It' ¢c Boaxd does ~_ot suppm-£ am roCllle81L fl:re)r will dh-c~t stagl' to work wifl~ you and ~rucldng compan.te.s in ~¢ area to minimJT~ thc iml~aCt of track · You may also wish ;o infoi'm, your retm~0nkali¥¢ o-a thc ~ of Sttpe. rf4sc~s ~ yt>tt are eontem'pla~ng this 0q).2.47A. AT'~ACI4 MENT C · Al .'Be-NtARLE COUN'FY THROUGH TRUCK RESTRICTION PROCESS t. Request to County to Restrict Through Truck Frem.a Reside~(s) Or Neighborhoad'Assodafi~n 2. CouCy Planning Department mails letter that outlines process 3. Resident(s) or Neigl~borhood A~,oc. ~ubmit petition with reason(s) for restrictio.n re~.u'eSt.. (speed. nois'e.-volume, etc.) and terminus points of proposed restricted area to'Ooun:ty. :. : i 4, County staff reviews submitted informatbn and places on next available agenda of th.e' : BO~ ~or dis~ssion. " 5, ]f ti'ia Beard suppeJts request, they'wi[i request staff to further analyze ~he request a~q~inSt VDO¥ g~iidetinee. 6. St~ff will prepare a report with a recommendation t~ the Board of Superv~$orsl 7. The Board of Superv sers may schedule a public hearing to ~ake comment~ from th."e'~ub[Ic i e[the~ [.n fa¥or of or tn Oppostt ~n to request Major.trucking oDmpanies will bo notJr[a~{ :'ii'.:: .: S. Fo.'llowing th, public hearing', ora( a future meeting, me Board'of SL~perv[som will ~.,;iUe to support or d~y'th e r~q'ue0t for through' rosfriction,.. :..~' ;:" ·:·2 9, ~-I~ the request is supported, i~ will be for~varcIed to thb VDOT'Sf~.~'Engineerfor aoti~i'~ii If tKe B ea rd of Su pe rvis0 rs does not su ppor~ th e requa,s:t, th ey will cllrect staff to work W.[ti i ~h e n~hborhood ond t~u~kin§ corn ,panie~ In ~hO ara to minimize the ir~pact of truck tr~f~ifi.:: '~ L,- :: .: : · .ii: :i. : w.e, the taidersigned r~s!dents of Profflt Road and a~o. inlng streets an_d roads, ~quest t~t Mbe~Ie Coun~ and ~ · imasa ~ ban.on t~ou~ trucks 'hav~ more thaa t~ ~es:'~o~" USing..~offit Road be~een Stony Point '~ad (Route 20 .North) and." , 5e~ole ~a~. (Route 2~ N0~h)~ ~r reasons ~e.contained:[n an accom~ny~g 'letter. '.. .: .' .~,,,~, (,~' g.L,,~,.,~...._~_~ ?~ . ~.:. ~ d~ W:~: .~ ..... ~ .... ..~~~,~~(~' _ · ...:: . . :. · ~ 7~ ,. ~ · · ~ · . . .: · t ~.. .' .~ ~ ~ · '~ ~ .~::..:. / _ ' _~ ,~., ..... ~ 1~~ ~~ ~ ~ . z,~.' '~ .- . ...~ ..~ ~ '. ~ :. '::':.~ s ~. ' :~'~ "' ~ "~ ~ -,~ ~ /~ " rr~ I ~~ ~~ : ":' . ~ "~ _. ' ] ' ~j --/~./.1~ 7~'~l:~*.'J~-~v;<~' . . ., · .~. ~ ~' ~ n -'~o~*¢1~- x v~'/'~C".' . ..:.'. . ~.~ · ' ¢ '- ' , ,.' ? · ~ I ~}~'~"N, .%'~ ......... . · : " t "' ~'o~ ~ ~~ ~ ~- ': .... . .'... . L .' ~ . . ~'. / : ~:' ~ · .. · , ,~4 . .'. ~.. ..... : ~~~ ..2 ............ ~~~, 5_.Z .......... 'W~, th~ undersigned residents of Proffit Road a~.d adjoi~g s~reets and roads, r~quest that Albemarle .County ~d VDOT. imoose .a ban on through trucks having more than two axles from . · using proffit Road bet~.een Stony Po~t Road (Route 20 No~ ~d . Se~ole Trail (R0ut~ 29. No~h);, Our reasons ~e cont~ned.in an aecompan~g letter.· ~ . , ADDRESS · " , . .. /' L.: . --,'.Cf , ' ,;'~ ,~. , / # .~ .~ ~ n.,/,.., ..., l h '~,,~,~.. ,,:: ~' ..~,.,4:,.,~_,...~. ~::'~:/~'~~' ~/ _ . . . ' J~ Y ¢ ~-~ "' ~.~//d - ~ ' ~", . ' · ,. · '~: ~', · .~. . . .~~~ ~.. .. ,. .,. ~.~,....~~ , . _ ,... , ,. · , ~ .~ &/. ~'~ ~',~'~ ~ .... ~ .~ {~'~ ~..r~ . · . ~.. ~ · ~ .. '- , ~ · . ~[l~¢t~~ '. . . ~t_ ~ -~/ / ~ ] .... '""~' ' · · ' ' "...: .., 'v=x . ,', , ¢ ~ .-': ~/~~ 6~' · .. · ' · ..~.:~ :V ,"t /~/%* · '"~--' ~ . . ' - . . 'We; the tmdets~g~ed'restdems of Ptoffit-Road _~_.d a~oio/eg streets and r~ds, ~quest t~t. ~~de Co~y ~ ~0T' · impose a ~ .on th~ug~ t~c~. ~v~g more .t~n ~o ~es from us~ ~o~t Road be~een Stony Po~t ~ad ~oute 20 No~h).~ S~!.~ole T~fl ~oute 29 ~o~. O~.teaso~ are ~la~'ed ~ ~ accom~y~g letter. .we, the undersigned residentz of Proffit Road and adjoirii~g. streets and roads, request that 'Albemarle Cou~lty' and VDOT impose a 5an'on. througl~..truclts havlnll more ~han two axt~s from· .ustn~ Pro[fit Road b~tween Stony Point Road (Route' 20 North) and" 5emi~al.e Trail (Route 29 North), Our .reasons are contaJ.~ed in a_n_'" accompanying le~er,. · ..wel the. umlersi~nec[ residents of Proffit Road a~d adjoining.. streets and r~ ~quest t~ ~be~rle Coun~ and V~. ~_poSe a b~ O~ ·through t~s havtn~ ~e ~ two ~es ~m '~jng ~o~flt Road between Stony Point ~ad (Route 20 'No~h)and ' seminole T~ (Route 29 No~.. ~ reaso~ are contorted ~ a~ accompany~ leper. NAMr. · . ' _ _ADDBESS We, the Undersigned residents of ProfOOt Ro~d and adjoining streets and roa'ds, request that Albemarle .Coumy'an'd. VDOT impose a ban on through trucks having more than two axles from· · using Praffit Road.between StOny Pof. nt Road (Rout'e 20 North) anti SemiRole Trail.-(Rottt~ 29 North). Our reasons axe contained in an accompanying letter. We, the Undersigned residents of Proffit Road and' stree4s and' roads, request that Albemarle County and VDOT impos~.a ban on ritrough trucks haying, more 'than two axles from using. Proffit Road between Stony Point Road (Route 20 North) and 'Seminole Trail' CRoute 29 North). Our reasons are ~:o'nta~ed..in an' accompanying letter. NAME W.e,. the undersigoed residents 0f Proffit Road' and adjoining streets and roads, request .t.~ ~b~rie County and ~OT imp0at a ban 'on t~o~h t~c~ hav~ mor~ ~ two a~ from us~g ~offlt. Road between Stony'. Point. Road tRoute 20 Non~ a~ S~note .Tra~ (Route 29.N0rth), .Our'~o~ are contained. ~ an accomp~y~g letter~ NAME ~~ ~ m m m m. ' m ~m~ m ~m /m m~ mmmmm mm j mm [~km~ ~m~ m~m~ m m m m m ~m mm~ m m ~ m ~mm~)~~ ~ J ~ ~m m~m · '¢'m'm. ''mi .'m. '.' ._.:.. ;P', We, theuade~si~ned resi.'dents of Proffit Road and adjof. Ln_g streets and ·roads, request t]~at AZbematle Couaty amd VDOT impose a bah'On tb~ougb, t]Riek$ .bavJag more tha~ two aJdes ·from us~g Pr0ffit. Road ..between Store/Potat ~b~ad (Route. 20'North) and. Semtqo]e Tra~ (l~0ute '29 :North).- O~ reasom~ are contained fa a~ · accompanldu~g letter, We, .~e u~dersigned residents of Proffit Road and ad:ioining s~ee~s and roads, request, that Albemarle County and V-DOT iml~se a ban on' through, trucks having more than mo a~les from using Proffit Road between Stony Point Road (Route 20 North) and Seminole Trail (ROute:29 North). Our reasoas a~e ennt~iaed in a~.accompanying letter. W~ th~ tmde'rsigned residents of Proffit Road and adjoining 's~e~ts and roa~s, request'that Albemarle County and .VDOT impose a ban on through trucks having more than two axl~ from., using Pro~fit Road.. l~eo~reen' 'Stony Point Road .(Route 20 Not-th) and Seminole Trail (Route'.29 North). Our reasons.are contained .in. an. accompanying letter. · We, the undersisned residents of Proffit Road and adjoining' streets and r~ds',, request t~t ~e~rie Ceanty ~d VDOT impose"a ban on thr0~h ~rucks havi~ m0~ ~ha_n ~o a~es from · us~g Proffit:Road be~een Stony Po~t R~ (gou/te 20 No~ ~d' ' Se~nole Trail (Route 29 No~h). O~ reaso~ ~e co'~a~d ~ an · ' accompanying letter.· Nmv ..................... A OBR SS · We, the undersigned residents of Prafftt Road and adjoining streets' ~d roads, reques~ that-Albemarle County Md YDOT !...m_.pose'.a ban' on through trticks haviilg .more tha~ two axles from.' usi~'li Proffit Road between Stony Point Road (Route 20. Nar~h) .and · S~_m_~_u0'Ie TraiI.(Route 29 North). Our reasons'are ¢oa~ai~ad"i~ 'aix. accompanying letter. " We,' tl~e undersigned residents of P~offit Road and a~oi.ni~g streets and roads~ request that Alb~.marte County and VDOT impose a ban on tbx~rugh, trucks, ha,~i~g more than two axles, from usil~ Proffit Ro~d between. Storry. Point Road (Route 20 lqo~h) and Se_m...!no~e..Trail (Rout~ 29 North). Our reasons are co~tal~ed'i~, z~ accompanying, letter. We, the undersigned residents of Pr0ffit Road and ad~ot~ng "streets.and'roads,'request'that Albemarle Coum~,..and'VDOT' · i_~_pose .a ba~. on. throullh trucks having more .~han two axles' from' Using P.roffit Road between Stony point Road :(Rout'e 2'0 North) a~d $e_m__!n_'.01b Trail(Route. 29 North). Our reasons are contained tn'ali accompanying letter. We, the undersigned residents of Proffit. Road and. adjoining street~' and roads, request that Albemarle .County and .VDOT- impose.a.ba~ on..throul~h.trucks having more th~ two a~ez from · using ~offit .R~d b~n Stony ~int Road (Rou~e 20 North) and Se~n01e Tra~ (~ute. 29.North.. O~ reasons are ~nta~ed '~ an a~ompany~g letter, We~ the'undersigned residen(s of'Proffi~ Road and ~djoinJng s~reets and roads, request that Albemarle County a~nd VDOT impose .a ban on thto~ t~cks hav~g more than ~o ~ 'from Us~g ~offl~ R~d between Stony Po~t Road (Route 20 No~' ~d Se~note Trail (ROUte 29 No~h). ~ reasons ~e cont~ned i.n an acco~nyi~ letter. NAME ., AO~RESS W~ the. undersigned residents of Proffit Road an/adjoin/nl~ · streets a.~/i, roads, request t.hat Albe~rle County and VDOT i'impo~e a ban on.t.hrough trucks having more tham. two axles 'from 'us/ng..~roffit Road b~.ween Stony Point' Road (Route 20 Nozih) and -Seminole Trail {Route 29 North). Our reasons are cOntained .in an.. accompnnyin~ lett~. ' We, the u.~dersigned residents 'of Proff{t Road and ad, o/ri'lng atreet, s and r~s, request t~t Mbe~le County and ~DOT'. ~se a. ban on ~rough ~.~v~ more t~n two ~es from Using.P~ffit' ho~'~een. Stony Point Roa~ (Route 20 North) an'd. ~nole' ~fl..(R0ute. 29 North). O~ r~a~onz ~e ~a~ed. accompan~i~ letter. '~AC_DDRESTS "--"---"~ ' We, .the :undersigned residents, of Proft~it Road and.adjoining streets ~ ~oads, r~luest that Albemarle County ~d. ~ ~se a ~ on: t~ou~' t~cks 'havi~.~re t~ two a~es f~.' ~mg 'P~t. R~ be~wee~ Sto~ .~t ~ (Route 20 No~h)'~d Semfnole' .Trail (Route 29 North). Our re.sons ~re .contained in an accompanying tatter. We, the undersized residents 0f. Prof£it Ro.~d and a.djoinin4g · streets· a~d r0~4s, reques~ that. ~be~ Co~t~ ~ VDOT im~se, a ban on through' trucks having· more t~n ~wo ~es from using Proffit R~d.~tween Stony Point. R~d .(Ro~e 20.No~h) ~d Seminole T~fl (R0~te 29 No~h),..~r reasons .~e cont~n~d in an :' accom~iB8 Ietter, ATTACHMENT III Albemarle County Staff review of VDOT's Guidelines for Considering Requests for Restricting Through Truck on Secondary Highways (VDOT guidelines in italic, staff response below, staff determination in bold) Reasonable alternate routing is provided. To be considered "reasonable" the alternate route(s) must be engineered to a standard sufficient for truck travel. The effect on the alternate routing will be evaluated for traffic and safety related impacts. If an alternate contains a Secondary route that must be upgraded, funds must be provided from the county secondary construction funds. The termini of the proposed restriction must be identical to the alternate routing and effectively equivalent to allow a time and distance comparison to be conducted between the two routings. Also, the alternate routing must not create an undue hardship for trucks in reaching their destination. The request for the through truck restriction came from the Jefferson Village Homeowners Association, Landford Hills Homeowners Association, Meadowfields Homeowners Association, Pritchett Lane Homeowners Association, Proflit Community Association, and residents of Chesterfield, Forest Ridge, and Terrybrook subdivisions have requested that the Board of Supervisors restrict through trucks on Proffit Road between Route 20 and Route 29. The proposed restriction area is approximately 5.4 miles miles. The proposed alternate route would travel Route 20 to Route 250, Route 250 to Route 29, Route 29 to Route 649-Proflit Road. This is a distance of approximately 14.4 miles. This route is engineered to a standard sufficient for truck traffic. Staff considers the alternate route a reasonable route for through trucks therefore, meets this criterion. 2) The road requested for restriction is functionally classified as local or collector. Route 649 is classified as a rural collector between Route 29 and Route 20 and, therefore, meets this criterion. The character and/or frequency of the truck traffic on the route proposed for restriction is not compatible with the affected area. According to VDOT's guidelines, a road must have a certain amount of truck traffic to meet this criterion. Staff has included below the total traffic volume ranges and the corresponding truck traffic. VDOT considers this truck volume the "total" truck volume and not the "through" truck volume. Total TrafficVolume Ran,qes Total Truck Volume Ranqes 4000+ 200 2000-4000 100-200 1000-2000 50-100 400-1000 20-50 250-400 13-20 50-250 3-13 The most current annual average daily (ADT) traffic volume for the proposed restricted area was conducted in 2000. According to VDOT's counts the total truck traffic is 1% of the total ADT. From Route 20 to Route 643 (Polo Grounds Rd - ADT=3500, Truck ADT=35 From Route 643 to Route 785 (Pritchett Lane) -ADT=2900, Truck ADT= 29 From Route 785 to Route 1509 (Springfield Road)-ADT-5200, Truck ADT=52 From Route 1509 to Route 29 - ADT-6300, Truck ADT=63 The proposed restricted request area does not meet this criterion for through truck traffic. The engineering of the roadway and/or the accident history of the route proposed for restriction indicate that it is not suitable for truck traffic. Measurements of the roadway surface were taken between the following locations: From Route 20 to Route 643 (Polo Grounds Rd)- 21' From Route 643 to Route 785 (Pritchett Lane)- 20' From Route 785 to Route 1509 (Springfield Road)- 22.6' From Route 1509 Route 29- 50' There is a one-lane 14-ton bridge in Proffit. This restriction should keep trucks from using the Proffit Road bridge, but it does not serve as an effective deterrent alone. Illegal trucks still use the bridge on a daily basis. There were 90 crashes reported along the proposed restricted area between 1997 and 2001. There were 131 vehicles involved in these crashes, four of these involving trucks (not counting pick-up trucks). Due to the total number of crashes, the width of road, and the one lane bridge, staff believes the engineering of the roadway and/or the accident history of the route proposed for restriction indicate that it is not suitable for truck traffic. This restriction request does meet this criterion. Within 150' of the existing or proposed roadway centerline, there must be at least 12 dwellings per 1000 feet of roadway. This criterion is rarely met outside urban or suburban settings. This restriction request does not meet this criterion. Summary: Failure to satisfy at least three of the five criteria will normally result in the rejection of the requested restriction. According to staff review, the through truck restriction on Route 649 meets three of VDOT's five criteria. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Juvenile Court Expansion and Renovation Project SUBJECT/PROPOSAL/REQUEST: Report from the Juvenile & Domestic Relations Court Expansion Project Negotiating Team and request approval to move forward with the design phase of the project. STAFF CONTACT(S): Tucker, White AGENDA DATE: May 1,2002 ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: Yes ITEM NUMBER: INFORMATION: INFORMATION: BACKGROUND: The "negotiating committee" for the Juvenile & Domestic Relations Court Expansion Project has been working since last July to develop a phased approach to the much-needed expansion of City and County court facilities, particularly the Juvenile & Domestic Relations Court. The attached summary provides details for an expanded and renovated Juvenile Court facility, which includes several renderings, proposed floor plans, a project budget and an agreed upon cost allocation plan between the City and County. DISCUSSION: The proposed $9.6 million dollar expansion and renovation will add 15,000 square feet to the existing facility and will provide space, not only for Juvenile Court growth, but also for the Court Services Unit and the Albemarle County Sheriff's Office. Additional parking has been provided, which should fulfill the needs of staff, public safety vehicles and the public. The attached summary provides more detailed information on the project. The attachments include: Renderinqs - A rendering of the existing building of the project, a photograph of the old Elk's Lodge and two renderings of the proposed new fa~;ade that will take the juvenile court building back to its original look. The third rendering provides a th view of the proposed parking deck from 4 street. Site Plan and Floor Plans show the 4 levels for the proposed addition and renovation. Parking - The next two attachments show the existing and proposed parking for the public, staff and public safety vehicles. Total parking spaces increase from 159 to 166 or a net increase of 7 spaces. However, because privately owned parking has decreased by 23 spaces, public safety spaces will increase by 5 spaces, public parking by 13 spaces and staff parking by 12 spaces. Project Budget - Preliminary budget estimates project a $6.1 million dollar construction project with other soft costs of approximately $2 million for a total project cost of $8.2 million. An additional $0.735 million is estimated for premium costs to cover after hours and weekend work that may be required to complete the renovations while court continues to operate in the facility. Although this will add a cost to the project, the cost to relocate the court to another facility during construction would be greater, as well as more disruptive to ongoing court functions. The total project budget with contingency is $9.638 million dollars. Allocation Summary - The allocation summary breaks down the costs borne by the City and the County. The renovation/expansion costs are shared 54.81% County and 45.19% City, based on sharing 50/50 on all costs outside ofthe County Sheriff's new space, for which the County will pay 100% of the costs. The parking costs will be shared 60.23% by the County and 39.77% by the City based on sharing costs 50%, but giving credit to each locality for the existing parking spaces being contributed to the total available parking. The overall allocation summary shows the County with a 55.55% share of the total project or $5.4 million and the City with 55.55% of the project or $4.3 million. AGENDA TITLE: Juvenile Court Expansion and Renovation Project May 1,2002 Page 2 Mr. Jay Moore, Mosely architect with the project, will be at the meeting to present an overview of the project and answer questions from the Board. RECOMMENDATION: Staff recommends approval of the Negotiating Team's report and requests approval to move forward with the design phase for the Juvenile and Domestic Relations Court expansion and renovation project. Proposed cost for the design phase is $639,008, which has already been funded in the FY02 Capital Budget. If the design work can begin in May, the project could be expected to be bid next spring with construction completed by the summer of 2004. 02.063 2 Javenil¢ & Domestic Relatioas Cour~ l~xpa~iou ~rojec~ Report ~! l~egotiafiag Cammitte~ Charlottesvillu City Cou~dl Alb'emarl¢ Coumy Board. of Sut~r~isors Linch Peacock Roxanoe Whi~ Bill Letted · ~ Atmt 22, 2002 J'&DR Court Ea-t~sion.Projeet Baekgrotmd In March of200t', t~¢ ~'Charlotte~lte-Albcmarle Courts Sttaly Committ~x;", taskod with id/~ati~iag ftrt~¢ facility n~eds for the marks, presumed its ibrms/report ami w,~ommca~dations to rite Charlottr.~ille. Ci~y Couacil and Atberrmrt¢ County Board of SaperVisors: The report outlined lbur possible long-term dcvelopracnt s¢~arios for the exp~sion and/or eonsolidalioa of all five co~ presently located in downtown Charlottesville, The roar scenarios propo'sed carrieal'an estinmted price tag of betw~n $49 - $56 million dollars. Folqowing'rece/V and ¢onsideragtm bi'the report, the Council and Board of SuperviSors ar!palsied a "negofiming committee" mnsistir, g of seaior level ~ent and p~lic officials reprekmt~ng both ~e Coun~ aaa City. This apeda] mramitte, was iask~xl wF;h,he ~den~iftcaticn of a first phase deve2opment sceamio tha~; is mutually acceptable to its membcx~, and: * is consistent with therecommendations oft. he Cbarl0ttas~lle/Al'bcmarle Courts Stady Committee; * is withinth¢ fmtding capabilities ofb~kijttrisdictiom, and; i. meeis the immediate a~cl long-team needs of the ;raDii com-t~ . The negogat/ng committee ~s pleased ~o report that it Ma completed it~ work which was · shared wi.th and eixlors~t lyy J&DR court judges, statY, and the mcmbem of'the original Cou_~ - S-S-S-S-S-S-S-S-S-S~y Coinmi'ttee, Thig 'mpor~ outtine~ the recommendations, or' the committee, including a 1~0~ ali~:ation of ¢<lsts. ~. · , I l~commeD d~fio~l~' The. oommitt~ iecomnlends thg c~-pal~oD and t~v~ of~e ~bem~de Juv~le ~ ~m~ie ~h~om (3'&DR) Co~ Building, a~iSo~s ~11 ~ve ~m floor levels ~d ~e Wilt have fo~ fl~r levels, ~or a~ing 13~600 ~oss s~ fe~ Mlt aim be ~omZd. ~ a~flon ifa slo~ roof md ml~d t'mnt ~nJ¢o is ~tmed Wheh ~to~ ~ ori~ml look of~ former E~ ~dge. ~so ~cipat~, TM projem ~ ~e &moli~on of wi~ m the nor~ of the J&DR ~il~g ~ the aM ~ ~o ~ no~ ofthej~lL ~ ~e' ~l~floi~ (~ev~omly a~r~ed) 0fro ~mem$~l b~Id~ toea~d tu ~e west oftko'J&DR bml~~[figh Sue~ (the Mo~ ~a~ler bu~n~), T~ proj~t pro~ a~msifiom aM pm~ums ~ m~ion ~g o~u~ncy, m est{m, at~ at ~6 ?_raj.eot S eh¢_d.Me,: Th¢.f01towing is' a prel!mi-ary project t/lnetable: Pmlimiuarg Design and Price Estimate Design for Constraeti.o~'/Firad Price Est[mate Bidding aJ~ Conlract Aveatd Constrm'tion Fumi~aing~ Installation and Move~i.n . 22. weeks 15 weeks' 8 wee~ 18 month~ 4 wee~ m ~i~g, ~, ~ begin desiglllill May, V¢8 oar~ expect to bdd'the project in the Spring of 2003 witk ccrnsfana~ff0n eompteted by' ~he summ~ of 2004. Cost 'All ocatio.u 'The Committ~ommends that t~o mac ofgroperty acquisitions be split evenly.betwv~m thC: City and county; o~nstrucfion/renovation of the existing J&DR facility wilt Be ~hared 45%.City and : j I County; anal ¢h~ cost.~ ofparking, bo~ s~¢ aad sup~, w~ b~ ~d 39:77% a~o~ti~.m'pm~ wi~ &si~ ~d ~s~cfiO~ ' ' packet ~e[~ ~e ~lt.o~g ill--ns and ~m.~: Histcrieat, existing and propo~d bk61di~g el~liot~.s; Propos'ed floor phms for the expansr~n and mnov'aZion of the existing J&DR £aeil/ty; 3. Parking plan illustrations; Proj eot budget; Cost all0ca~io~ worksheet. David Tos~sno ,~1'~1~ Martin C, ary O'Corm~ll Robcxt Tucker i. I l'relim~mwy B'udget E~t~maie CHARLOTTESV! ! J.,F-jALBEMA-~LE J&DR CO I_FRT J~X~ANSION AND ALTERATIONS 2nd' L,'I~ 4.200 22,000 $225 ~o $125 $40 $10,000 N~ .,. .s?~_Oo, TOTAL i I I CourSes Cos~.t Al!oCatlon Summary L' At!agation ~ Costs for J&DR Court RermvaUonlExfiansion Total Project and Contingency (less parking ar~ pro-i~l c~tYdng~cy) ~p~r~' Ac,,quL~LUo~ 'l.e~ C~mty Shmiff Space $ ~u~-Total City and County $ Total 54r. I~t% II; AIIo~;~tlon. 0f Costs for Parking Deck a~td Su~ce..Parl~ng (166 spaces). Total (Parking) D¢..c~,~ Sur[-ace Spac~'$ol~ C~0~l~, ~ntir~enc-,y) $1,317~000 C~ RespnndldlKy: 523,771 [50% of shared ~a~r ~3'cr~y Co~'R~po~ 793,~9 3~.77% 6023% · IIL Summary Allocation ofCosts: Cityand CoUnty To~ ProJe~'~ Costs' 'p,.enova'don~c,,~pansmnlLand ~rk[n~.,ont. Jngency City ~ha~'e {.$3~760,563 btil<ltr~; ,~23,771 parkbg}: CourtLy Shem '($~,560/13~ bu[Idlr'~ $7~3,229 'paddng) $5,353 55.§5% TRANSMITTAL TO: 637 ROUTE 25A, SUITE TWO, LONG ISLAND, NY 11778 TELEPHONE: 631-744-4045 / FACSIMILE: 631-744-4545 1 WEB: www.signproject.com Ms. Margaret Maliszewski Albemarle County Board of Supervisors mmatiszewski@albem arle,org PROJECT: Toys R Us DATE: 4t30/2002 TIME: 10:29 AM FROM: R0dney S. Barnes WE ARE SENDING YOU THE FOLLOWING: [] Change Order [] Drawings [] Memorandum [] Specifications [] Attachment [] Copy of Letter [] Request [] Proposal [] Notice [] Other FOR: [] Approval [] As Requested [] Return Signature [] Review & Comment C: NUMBER OF PAGES (Including Cover): I COMMENTS: Dear MS. Maliszewski: Please be advised, that our client,Toys R Us, Inc.; hereby request that they be removed from tomorrow's Albemarle County Board of Supervisor's meeting agenda. Without prejudice, our client has decided not to appeal the ARB staff recommendations for Item # 2002-13 at this time. Should you require any additional information, please do not hesitate to call. We thank you in advance for your assistance wih this matter. Sincerely, Rodney S. Barnes CONFIDENTIALITY ,NOTICE; This transmittal is confidential and privileged. If you have received it in error, you are on notice of its status. Please notify us immediately by reply facsimile or e-mail and then destroy this message along with any attachments. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this message, or any attachment, is strictly prohibited. Please do not copy it, or use it for any purpose, or disclose its contents to any other person: to do so could be a breach of confidence. Thank you for your cooperation. ,signproiect 25, 2002 TI~ ARB al~m~ atoremo~lJon~l.applieatkm, oontinlgmt on~ (2) reexmmzen~q/mmtif_mali~ms to tile original applkaffoa, i.e., the ooJors, oJ'the ~a~ arad the 'R%hall ~e revr,~ed, ard a~ wt,'re bac~,nnaul of the star .~hal~ b~ obaqne~ ' W~ wish la appeal this mlh,g on bel~tt'¢~ Toys "R" Ds, I~. 21102. ARB rt;{in~ ~gA[Rl-g-20O2.-I$. · Phat~ kiadly forw~d all ttrooMaral infotmatioa to our office at. your e.~rlicst opporttmi~.. 'We tl~& yin: in adwanc~'fot your assi.mme~ with ~ C,r Ms. L~. Pan~. r, Mr. fay Ross, Mir. TracyLeoBbnc,~Olt$~$; COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Toys "R" Us Sign SUBJECT/PROPOSAL/REQUEST: Appeal of ARB decision STAFF CONTACT(S): Wayne Cilimberg, Margaret Maliszewski, Janet Miller, Bob Tucker AGENDA DATE: May 1,2002 ACTION: CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: Background: On March 18, 2002, the Architectural Review Board reviewed an application to replace the wall sign for Toys "R' Us that is located on the front fa;ade of the building, which is situated on the east side of Route 29 North at Branchlands Blvd. The replacement sign was proposed as internally illuminated red channel letters, with a red star logo and a white "R' centered in the star between the words Toys and Us. In keeping with the ARB's practice of increasing visual continuity, limiting visual clutter, and limiting internal illumination to the message portion of the sign, the ARB voted unanimously to approve the proposal with the condition that the colors of the star and the "R' be reversed and the white background of the star be opaque. Discussion: The purpose of ARB review is to ensure that new development in the Entrance Corridors is compatible with the historic architecture of the County. There is no historical precedent for internally illuminated signs; however, the ARB recognizes the need to identify businesses to help the traveling public find their destination and exit the highway safely. The preferred solution is to externally illuminate the sign, in other words, to shine a light on the sign. Since this solution does not fit every case, the ARB has also approved individual channel letters as a type of internally illuminated sign that has a reduced impact on the EC by limiting visual clutter. Because channel letters do not fit every case, the ARB has approved internally illuminated cabinet and box signs, but has required that the backgrounds of such signs be made opaque such that when the sign is lit, only the message portion of the sign is illuminated. This solution is intended to reduce glare, to reduce visual clutter and distraction, to provide for coordinated appearances along the EC, to increase visual continuity, and to limit negative impacts along the County's Entrance Corridors. The contrast of the illuminated white R and red star in the Toys R Us proposal is expected to draw additional attention to the sign and emphasize contrast. To achieve a balance of visibility and continuity, the ARB recommends reversing the colors of the star and the "R' and limiting the illumination to the red letters. This would provide for a more uniform appearance and would reduce the contrast at night, when it would be most noticeable. Recommendation: The ARB recommends that the application, as presented, be denied. The ARB recommends approval of the application with the condition that the colors of the star and the "R' be reversed and the white background of the star be made opaque. Attachments: A - Staff report for ARB review C - Draft minutes from ARB meeting E - Photo of Existing Sign B - Action letter from ARB meeting D - Proposed Sign Design ARCHITECTURAL REVIEW BOARD STAFF REPORT APPLICATION NAME: TOYS "R" US SIGN APPLICATION TYPE: CERTIFICATE OF APPROPRIATENESS - SIGN Project # ARB 2002-13 Location East side of Route 29 at Branchlands Blvd., adjacent to the Wood Grill Buffet Parcel Identification Tax Map 61Z, Section 3, Parcel 12 Zoned Planned Unit Development (PUD), Entrance Corridor (EC) Magisterial District Rio Proposal Review for a Certificate of Appropriateness for one internally illuminated wall sign. ARB Meeting Date March 18, 2002 Staff Contact Janet L. Miller PROJECT HISTORY June 12, 1991: ARB-F(SDP)-91-25: The ARB approved a Certificate of Appropriateness for the construction of a 46,021 SF building on 6.83 acres. A previously approved site plan with a revision date of 5/16/91, shows landscaping along the south and west sides of the site. June 4, 2001: ARB-P(SDP)-2001-18: The ARB approved the request for the Special Use Permit for Outdoor Display. PROJECT DETAILS The applicant proposes to remove from the west side of the building, facing the EC, existing red channel letters and to replace them with new red channel letters. The proposed sign includes a red star logo with a white "R" centered in the star between the words "TOYS" and "US". Wall Sign: Sign type: Internally illuminated channel letters and star logo Illumination: Internal fluorescent for Toys "R" Us and star logo; clear red neon for Kids "R" Us Sign Size: 7'9" high x 25'9" long (200 square feet) Overall Sign Height: 28' from the base of the building to the top of the star Colors: Red (2577) acrylic channel letters except for the white "R" in the red star, white trim caps and returns; red vinyl star (3630-53) with white border. (The red letters and star logo are the same color red although they have different numbers because the letters and star are different materials) Text: Toys "R" Us; Kids "R" Us Graphics: Red star (3630- 53) with white border, translucent vinyl background; backward letter R (white flexible vinyl "retainerless flex wrap" construction) Location: Centered on the west side of the building, facing Route 29 ARB 3/18/02 Toys "R" Us Sign -- Page 1 ANALYSIS: · The wall sign meets Zoning Department requirements for area and height. · The red color of the proposed sign is compatible with the building. It is similar to the existing Toys "R" Us color that is presently on the building and is slightly darker than the red in the Wood Grill Buffet sign. · No glare is expected. · The impact of the building on the EC is somewhat reduced by its distance from the road (approximately 300 feet), its position at approximately 15 feet below the grade of Route 29, and the existing landscaping. · In comparison to the existing sign, the addition of the star brings the sign closer to the standard trademark design of Toys "R" Us. · The contrasting color of the white "R" draws additional attention to the sign. · The sign would have a more coordinated and less distracting appearance if the illuminated message portion of the sign retained a single color. · Reversing the colors of the star and the "R" would provide for a contrast similar to that proposed. · Limiting the illumination to red letters would provide for a uniform appearance and would reduce the contrast at night, when it would be most noticeable. The sign would then have no more impact than it currently does. RECOMMENDATIONS: Staff recommends approval of the sign with the following conditions: 1. The colors of the star and the "R" shall be reversed. 2. The white background of the star shall be opaque. ARB 3/18/02 Toys "R" Us Sign -- Page 2 March 19, 2002 Rodney Barnes Site Project Management, LLC. 637 Route 25A Rocky Point, NY 11778 Re: ARB-2002-013: Toys "R" Us Dear Mr. Barnes: The Albemarle County Architectural Review Board reviewed the above noted item at its meeting on Monday, March 18, 2002. The board voted to grant approval of the Certificate of Appropriateness, subject to the following conditions: 1) The colors of the star and the "R" shall be reversed. 2) The white background of the star shall be opaque. Approval received from the Albemarle County Architectural Review Board is predicated on the fact that the material as proposed and exhibited for review will be used. The acceptance of approval implies that the applicant has agreed to use the materials as indicated on the site plan, attachments and samples submitted. Any changes in the approved design or materials will require an amendment to the plan and must be reviewed and approved by the Architectural Review Board. You may appeal this decision to the Board of Supervisors. This shall be made by filing a request in writing with the clerk of the Board of Supervisors within 10 calendar days of the date of such decision. You may address your letter to Ella Carey, Clerk to the Board of Supervisors, 4th Floor, County Office Building, 401 Mclntire Road, Charlottesville, VA 22902. If you have any additional questions, please do not hesitate to call me. Sincerely, Janet L. Miller, Landscape Planner C: File John Grady ARB-2002-13: Toys "R" Us Siqn - Review for a Certificate of Appropriateness for a one internally illuminated wall sign Ms. Miller presented the staff report, noting the following: · This is a review for a Certificate of Appropriateness for one internally illuminated wall sign. · The site is located on the East side of Route 29 at Branchlands Blvd., adjacent to the Wood Grill Buffet · In 1991 The ARB approved a Certificate of Appropriateness forthe construction of the building. · Last year the ARB approved a request for a Special Use Permit for Outdoor Display. · The applicant proposes to remove from the west side of the building, facing the EC, existing red channel letters and to replace them with new red channel letters. The proposed sign includes a red star logo with a white "R" centered in the star between the words "TOYS" and "US". · The proposed sign measures 7'9" high x 25'9" long (200 square feet). · 28' from the base of the building to the top of the star. · The red letters and star logo are the same color red although they have different numbers because the letters and star are different materials. ANALYSIS: · The wall sign meets Zoning Department requirements for area and height. · The red color of the proposed sign is compatible with the building. It is similar to the existing Toys "R" Us color that is presently on the building and is slightly darker than the red in the Wood Grill Buffet sign. · In comparison to the existing sign, the addition of the star brings the sign closer to the standard trademark design of Toys "R" Us. · The contrasting color of the white "R" draws additional attention to the sign. · The sign would have a more coordinated and less distracting appearance if the illuminated message portion of the sign retained a single color. · Reversing the colors of the star and the "R" would provide for a contrast similar to that proposed. · Limiting the illumination to red letters would provide for a uniform appearance and would reduce the contrast at night, when it would be most noticeable. The sign would then have no more impact than it currently does. Ms. Smith stated that the Kids R Us sign you indicated as clear red neon. She asked if that meant that it was going to glow and look quite different at night than the Toys R Us sign which is internal fluorescent. Ms. Miller pointed out that the applicant would answer that because she had not seen internal fluorescent versus neon next to each other. Kids R Us are clear red neon versus the others being internal fluorescent. Mr. Lebo pointed out that this drawing does not show neon letters. The drawing is probably neon behind plastic facing. Mr. Train stated that a lot of the internal channel letters were neon because it was the only way to get a consistent light. Ms. Maliszewski pointed out that it did say red neon in the staff report. SPEAKER FOR REQUEST: Mr. Rodney Barnes, representative for Toys R Us, stated to answer the first question, the smaller Kids R Us letters do have neon illumination inside of a cabinet that is faced with plastic as well. The neon itself is required because of the size of the letter. You cannot get a fluorescent tube that small to put in a letter of that size. Therefore, that is the only difference. The actual lighting ARB Meeting - March 18, 2002 Draft Minutes output of the Kids R Us letters to the Toys R Us letters is actually the same. It is approximately 37 footcandles per square inch, which is below the national standard of acceptable sign illumination in dense areas. He noted that he had read the recommendation of the staff, and he would ask the Board to consider not imposing reversing the star and the R out. Reversing the star out would almost void the variance application. Part of the new brand and identity for Toys R Us is the star R. As you know, Jeffrey has sort of faded into the background except for television commercials. The protocol sign requirements as registered by the U.S. Patent Office and Trade Office require the reverse R which is, of course, a trademark of Toys R Us in a star filled background. The actual output of illuminating this star with a white R would be minimal. It would still be defused by ambient parking and streetlight. Aside from that, the overall size of the current sign versus the proposed sign has dimensioned somewhat. It all depends on your method of calculation. If you use an all encompassing contiguous rectangle, it is 200 feet. If you use aggregates of actual sign area is about 30 square foot less. In accordance with my interpretation of the Code, certainly the reason they were asking for this additional Kids R Us tag line is because the Toys R Us Company has a separate store section within the toy store for them. Ms. Hobbs stated that this is the third request of this type. Ms. Smith stated that this sign is better proportioned within the pediment than the existing sign. It actually makes it look better. Compared to the drawing, the huge white space is filled by raising the sign. This actually helps it and improves the scale. She asked if this was opposite of what they want. Mr. Train stated that the red color is not the main issue. The issue is the star and the reading especially at night, which is something that they were trying to minimize. There are three different issues. Ms. Smith stated that there are two choices. One, is to not illuminate the R so it just says Toys Us at night, but still have it red and white during the day. The second choice would be to reverse it. Mr. Train stated that this was something that they should discuss on April 15th. In the past, the ARB turned down Iogos, such as Jeffrey. Mr. Lebo asked what is the advantage to reversing. Ms. Miller stated that it would not be a white beacon, but would just be a little bit of a white glow. In leaving the white opaque, the red R would still illuminate. Ms. Joseph supported staff's recommendation since she felt it worked very well. It makes a little bit of continuity that is exactly what they were talking about before. If the white is opaque at night, you are not going to see it. However, you certainly will be able to find the store. Ms. Hobbs agreed. Ms. Smith pointed out that the contrast of the R was not going to be as high as the computer drawing has it. The pediment is white. From a distance the R could be seen a mile away on that particular drawing. It could actually benefit them to have the red R. That white R might blend into the pediment. Mr. Lebo stated that it was very hard to read right now. MOTION: Ms. Joseph moved to approve ARB-2002-13 with the recommendations outlined by staff. ARB Meeting - March 18, 2002 Draft Minutes SECOND: Mr. Lebo seconded the motion. The Board unanimously approved ARB-2002-13 subject to the following conditions as outlined by staff: 1. The colors of the star and the "R" shall be reversed. 2. The white background of the star shall be opaque. Mr. Barnes asked what the process was to appeal this. Mr. Train suggested that he meet with Margaret to go over the procedure. The Board of Supervisors will hear the appeal. Ms. Joseph pointed out that he had ten days to file the appeal. Mr. Barnes asked that the record show that they intend to appeal. Ms. Maliszewski stated that within ten days you should send a letter to the Clerk of the Board of Supervisors on the Fourth floor. Mr. Train stated that if Starbucks wants to turn their light on, then they could do so. He pointed out that once they have had a chance to focus and discuss consistency issues that it will be a little bit smoother about where we are coming from. Mr. Lebo asked if they would meet with John Grady and others from the Zoning Department. Mr. Train stated that they would line up a meeting with Zoning about these issues. ARB Meeting - March 18, 2002 Draft Minutes QJN A'TTACH,~{ENT E March 28, 2002 Frank Cox The Cox Company 220 East High Street Charlottesville, VA 22902 RE: SP-0-065 Mosby Mountain Stream Crossing; Tax Map 90, Parcel lB Dear Mr. Cox: The Albemarle County Planning Commission, at its meeting on March 26, 2002, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: Albemarle County Engineering Department and VDOT approval of final grading plans and bridge and road plans and computations; Albemarle County Engineering Department approval of an Erosion and Sediment Control Plan to include stabilization of fill; Albemarle County Engineering Department approval of mitigation plans for disturbance of the stream buffer; The CON/SPAN bridge system must be installed per manufacturer's specifications. The final subdivision plat should reflect any changes to the floodplain and floodway limits, and the applicant must provide computations supporting any such changes, as well as copies of the correspondence demonstrating FEMA approval of the revised floodplain or no changes in flood plain levels can occur. In an effort to minimize environmental degradation, no soil shall be removed from the stream to compensate for any fill. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on April 17, 2002. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Yadira Amarante Planner YA/icf Cc: Ella Carey Amelia McCulley Jack Kelsey Steve AIIshouse STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: YADIRA AMARANTE MARCH 26, 2002 APRIL 17, 2002 SP Ol-O65 MOSBY MOUNTAIN STREAM CROSSING Applicant's Proposal: Evergreen Land Company is requesting special use permit approval for a stream crossing in order to create a single-family residential subdivision on State Route 631 (Old Lynchburg Road). The residential subdivision would create 107 lots in both the Development Areas and the Rural Areas. The subdivision is not the subject of the Planning Commission's review; however it is the reason for the stream crossing and is shown in Attachment A. Petition: The petition is for approval of a special use permit, in accordance with Sections 30.3.5.2.1.2 and 30.3.5.2.2.3 of the Zoning Ordinance, to allow fill in a Flood Hazard Overlay zoning district. This petition is requested for parcels described as Tax Map 90, Parcel lB. The property is located in the Samuel Miller Magisterial District on State Route 631 (Old Lynchburg Road) across from Southwood Estates Mobile Home Park. The property is zoned R1, Residential, FH, Flood Hazard Overlay District, and EC, Entrance Corridor Overlay District The Comprehensive Plan designates approximately 10 acres of this property as Neighborhood Density (3-6 du/ac) in Neighborhood 5 in the Development Areas and approximately 102 acres as Rural Areas in Rural Area 3. (See Attachments B & C.) Character of the Area: The property is totally within the Service Authority Jurisdictional Area for water and sewer and is currently vacant. Encompassed by the site is an 18.62-acre parcel containing "Tudor Grove" a surveyed historic site, zoned R1, Residential. Adjacent property to the east, across Old Lynchburg Road, is the location of Oak Hill and Southwood Estates Mobile Home Park zoned R2, Residential. Adjacent property to the west is vacant property zoned RA recently approved for a subdivision of 37 lots, (SUB 01- 293: Mountain Valley Preliminary Subdivision Plat, Attachment D). Adjacent property to the north contains a horse farm zoned R1, Residential. Adjacent property to the south is vacant property zoned PRD, Planned Residential Development. The Redfields residential development, zoned PRD, Planned Residential Development, is less than one (1) mile to the northwest. The immediate area can be generally characterized as low-density residential. All of these adjacent properties, except the Mountain Valley site, are within the Service Authority Jurisdictional Area for water and sewer. The PRD zoned property is in the Jurisdictional Area for water only. Applicant's Justification of Request: The applicant proposes to construct a 42-foot wide by 9-1/2-feet high (opening) CON/SPAN precast concrete bridge span prefabricated bridge system with wingwalls to raise the proposed road above the 100-year floodplain limits. This type of structure functions similar to a standard culvert with earth fill placed above the structure before the asphalt road is laid. The applicant's request and justification are attached as Attachment E. 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. Planning and Zoning History: The parent parcel was subdivided in 1993 to create a 4-acre parcel on a private road, (SUB 93-181 - Debutts, Mary Livers Family Division). In 2000 the County administratively approved a boundary line adjustment between subject property and Tax Map 90, Parcel 1 where Parcel 1 acquired 8.014 acres from subject property, (SUB 00-147 - Jessco, LLC). Prior to the 1980 comprehensive rezoning, the property was zoned Al, Agricultural. During the 12/80 comprehensive rezoning the property was zoned to reflect the recommendations of the Land Use Plan at the time. The Comprehensive Plan recommended that portions of this property be located in the Development Areas. Although there is not a good paper/history trail on this action, it is probable that the County did not want to split zoning within a parcel (i.e. part R-l/part RA) so the entire parcel was zoned R-1. Other Issues: Two adjacent owners have written letters detailing their concerns with the proposed subdivision and Special Use Permit request. Following are those comments which relate to the Special Use Permit request only, (Attachment F). Concern: "! request that special use permit (SP-01-065) be denied since it would create an unsightly buildup of land to achieve its purpose and would have a negative impact on the existing biological community involving the unnatural impoundment and drainage of flood water in the wetland and meadow. The construction of the structure probably would have a negative impact on the creek, Biscuit Run and Moore's Creek due to the unavoidable silt-ladened runoff." Response: Staff analysis shows that flood levels will remain the same and that impoundment of flood waters is not being proposed. The construction of the bridge will be managed under a County required Erosion and Sediment Control Plan which will be reviewed at the final subdivision platting process. Concern: "Purity of streams. A substantial stream, called Biscuit Run, comes into Wintergreen Farm from the present Mountain Valley Farm. It runs through our land for about half a mile and then goes into the area proposed for one of the new subdivisions. The horses on our property drink from this water; Canada geese also use it. What provision will be made in the proposed subdivisions for maintaining the purity of the water in this stream?" Response: Water quality is important to the County. The Special Use Permit, if granted, will have a number of conditions that specifically address water quality issues, (see Conditions #2, #3 & #4 below). Comprehensive Plan and The Neighborhood Model: As previously stated, portions of the property are located in the Development Areas, most of the land proposed to be subdivided, however, is located in the Rural Areas. The proposed stream crossing is located within the Development Areas portion of the site. The stream is a boundary between the Development Areas and Rural Areas. The typical analysis for a special use permit in the Development Areas is complicated by the fact that the subdivision plat is not under review. Rather, the flood plain crossing is the subject of the analysis. The usual application of the Neighborhood Model for a development proposal does not apply in this case. What does apply is the Open Space Plan and the Natural Resources portions of the Comprehensive Plan. These two documents indicate that the stream to be crossed is a tributary of Biscuit Run. This perennial stream, and its associated floodplain, is classified as a Major and Locally Important Stream Valley on the Open Space Plan which acts as a buffer between the Development Areas (Neighborhood 5) and the Rural Areas (Rural Area 3). Engineering Analysis: The Engineering Department has reviewed this request in accordance with Section 30.3.3.2 of the Zoning Ordinance and has revealed no substantial detriment to life, property, and public costs for flood control. The Engineering Department has provided comments regarding the proposed fill in the flood plain (Attachment G). The Engineering Department states that "the calculations for this type of structure (the bridge span system) show no increase in the floodplain for the stream crossing." Zoning Considerations: Zoning has reviewed this request and has no comment. ARB Considerations: ARB staff has determined that the proposed bridge is not expected to have a visual impact on the EC, (Attachment H). VDOT Considerations: VDOT has reviewed this request and approves the use of a bridge system for the stream crossing, (Attachment I). STAFF COMMENT: Section 31.2.4.1 of the Zoning Ordinance below requires that special use permits be assessed as follows: Will the use be of substantial detriment to adjacent property? Conditional approval of the stream crossing (Conditions 1 - 6) will not cause an increase in 100-year flood levels on adjacent properties or on the subject property. The stream crossing design will not necessitate relocation of the stream channel. Will the character of the zoning district change with this use? The R-1 zoning district is characterized by low density residential uses. The establishment of the stream crossing will allow that type of development on the subject parcel, therefore, the character of the R-1 zoning district will not change if the use is established. The FH zoning district is characterized by agricultural, recreational and utility location uses which will not pose a danger to life or property in the event of a flood. In the floodway fringe, structures are permitted as long as they are firmly anchored to prevent flotation, collapse of lateral movement due to flooding. The proposed bridge will be constructed to specifications which will prevent flotation, collapse and lateral movement due to flooding. The EC allows all uses permitted by right in the underlying zoning districts but restricts use of certain elements which may detract from the natural, scenic or historic resources located in those zoning districts. Because the proposed bridge will not be visible from the entrance corridor its use will not change the character of the EC zoning district. Will the use will be in harmony with the purpose and intent of the zoning ordinance? The R-1 zoning district is intended to recognize the existence of previously established low density residential district in communities and the urban area and provides an incentive for clustering. The stream crossing will make it possible for the property to be developed in that manner. Although a large portion of the property is not located in the rural areas, the proposed development is consistent with the previously established zoning. The FH zoning district is intended to provide safety and protection from flooding, more specifically, 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, etc. The proposed fill and bridge to be located in the flood plain will not increase the current flood plain levels thereby not increasing the likelihood to endanger life or property. The special use permit request is recommended for approval with conditions which will ensure that the bridge structure is constructed in a manner consistent with the intent of the FH zoning district. The EC zoning district is intended to protect the county's natural, scenic and historic, architectural and cultural resources. ARB staff has determined that the proposed stream crossing will not have a visual impact on the EC. Will the use be in harmony with the uses permitted by right in the district? By-right uses in the R-1 district are low-density residential in nature, the proposed use will allow for a development which is in harmony with these uses. The FH district allows, by-right, agriculture, recreation, utility location, and flood warning devices. The proposed stream crossing (the bridge) and its associated fill are not in harmony with by-right uses in the district necessitating the need for a special use permit. The EC allows all uses permitted by right in the underlying zoning districts but restricts use of certain elements which may detract from the natural, scenic or historic resources located in those zoning districts. Because the proposed bridge will not be visible from the entrance corridor its use will be in harmony with other uses allowed in the EC zoning district. Will the use comply with the additional regulations provided in Section 5.0 of this ordinance? There are no additional regulations provided in Section 5.0. Will the public health, safety and general welfare of the community be protected if the use is approved? The public health, safety, and general welfare of the community is protected through the special use permit process which assures that uses approved by special use permit are appropriate in the location requested. Staff has considered alternative entrance locations and concludes that the alternatives would be much more environmentally detrimental, to this and surrounding properties, for the following reasons: 1. The only other viable main access onto this property would be the entrance shown in Attachment A as "Entrance B." VDOT has commented that utilization of "Entrance B," as the sole entrance to the development, would require significant improvements to that portion of Old Lynchburg Road, (slated for future road improvements by the Comprehensive Plan). These improvements would entail widening and vertical and horizontal realignment of the pavement and alterations to the same stream, flood plain, and stream buffer under consideration but at a different location. Also, "Entrance B" provides the required secondary access for a development of this size; (subdivisions of 50 or more lots require a second point of ingress/egress onto a public road). The applicant has stated that if the stream crossing at "Entrance" A is disapproved, another entrance could be established ("Entrance C" on Attachment B) at a much less desirable portion of Old Lynchburg Road, further south of this development, using the Mountain Valley subdivision road system (see Attachment D). This would put an unnecessary burden on an already substandard road. SUMMARY: Staff has identified the following factors which are favorable to this request: 1. The use will not cause an increase in 100-year flood levels on adjacent properties or on the subject property. 2. The use will not cause the stream channel to be relocated. 3. The proposed stream crossing/entrance location is the best location to serve the proposed development. Staff offers the following factors, which are unfavorable to this request: The proposed use will cause a development that is inconsistent with the recommendations of the Land Use element of the Comprehensive Plan (higher density development in a designated Rural Area). The proposed use is inconsistent with the recommendations of the Open Space and Natural Resources elements of the Comprehensive Plan, however conditions will insure that the stream buffer will be restored and that water quality measures will be implemented. RECOMMENDED ACTION Staff recommends approval of the request with the following conditions: Albemarle County Engineering Department and VDOT approval of final grading plans and bridge and road plans and computations; Albemarle County Engineering Department approval of an Erosion and Sediment Control Plan to include stabilization of fill; Albemarle County Engineering Department approval of mitigation plans for disturbance of the stream buffer; 4. The CON/SPAN bridge system must be installed per manufacturer's specifications. The final subdivision plat should reflect any changes to the floodplain and floodway limits, and the applicant must provide computations supporting any such changes, as well as copies of the correspondence demonstrating FEMA approval of the revised floodplain or no changes in flood plain levels can occur. In an effort to minimize environmental degradation, no soil shall be removed from the stream to compensate for any fill. ATTACHMENTS: A - Reduced copy of subdivision plat B - Tax Map C - Location Map D - Reduced copy of SUB 01-293: Mountain Valley plat. E - Applicant's request and justification. F - Adjacent owner's letters. G - Engineering Memo Dated 3/18/02. H - ARB staff Memo Dated 3/15/02. !- VDOT Memo Dated 3/14/02 i I1 I · '~.~ ~ . ~ .;~ ~. I ' ,t.. ,( I1~'~' -~. .~' ~r'l:i: ~ ~" -4~. ':):~....':::::..,?..~ .~..: · .:... :.: .' . ..'. "~.2.: ~:' :.-' ::'2.. .. "'..' SPECIA~ USE PERMIT :AND LANDFILL PERMIT REQUE~r" of an 'ea.rt~e~ fill· se~ien 'and mJtvert, system .Within the IO0-~a~' FloodP~.~n: as in[~aJly detrained 'and mapped by FEMA and, as u~dated by. s~a[l, be .e.'24r..wide ~ural Sub'dM~io~ ·street lec~t~ within a 5O'"?b~ic dg? of..~ay,..~he .' S~ia[..Use: P'e.'~it ~d ~flrl Oe'~'~.are. sUpp0~abie fsr the f~['owing.'m'a~b~ ' ." ..... mdt. iple de, igc'options, .it was found that there ~ist8 no'~aslbie:.and. .. ;.',' .pradi~t' abernafi've.tQ ach eye.. the required. ,p~b~c ..~eet. a~s's', to '~be.. .'" "..;.SU~ properly;' Access .is const[~ine~, by.physiogmph~'c ch~isticS . · . :: .' of:the $1te..'a~ ~and'ewne~hip conditieRs, as noted on:tbe.:accompany~g.... · .'P~imina'~':.':P4a{ and Ptan.' ~he ·subject 'pemnni'al' Cream ;:b~'et~· t~ ' · ·Mosby=.: Mo. unta'in-9ubdlvi~en ': and'-intern·al· acces's~' :'term'et' b'e. "... a~mmodated ~hout.a cre~ing ofth~ Upland ~tream. Specl'a~ U~e Perm.It an~l Landfill Pemtlt, 1 ['1 : ' .. . ATTACHM,~'NT 2....~~.~ R~o~'~ ~~ume= .No a~~ ~ r~eat~fl of ~hi~e ma~o~ ~DOT .read g~ad!ents a~ ~ sextons, e~ong ~h .. sha~[ ~nction.. to m~et a!!.'VDOT and Coun~ hy'drau'E~ dean. 'The'. l~e~r' s~ ~mpse~ .was'.m~ed for. up~r~m ~d down=tr~. . ~e wete~ =u~e~e..e.feVeb~_ .'diffe_~lal between th~.~ and post,· .. ~pos~ 'ROW. =mS~g {oCat[on, ~e nomina~ Hw~ ·wiil ~un~l~ ~ I~ls which.i'm greater than er equal fo't~ ~on = ap~ S* w x la' n) u~r Old Lyn=hburg Road lmme~tely' do~=raam, ~ s~, the..prapa~ stm~.crossi~'geomet~ Mostly' I~ountaln Sub~ivislon ^TrACHM~T ~. ... -..,.similarly;' {he"hydmulic. c~iPa~c~ .eT {he PTa'n~a'd' Subdi;vision. str~et-C'msShg · . ''"Wtll fUncti'~ ~ leV~b.w~toh'are:g)~'th'en ~.eqpa! '.." ":. r~tin~ ~ '~.~e ~ .'pl~o'~ :b~id~' ~0~ dm~ha'ge;s~,'(~sig'n '. '.. "' ~'{~n..~ .a'~'~ ~' 'W X' 16'".h).,aha~'r:.~.[d. Lyhch'~'~ 'eoa~: ~'~m'~iat;ly". '.., :.' dO~p~'a~:' AS' su~h,:.~e 'p~Op~"~.~m:cr~'g~m~':~'~h' . ': ...~t&:; Bd .~ydra. u~c."~p~ 'On;.~he:.~'d~n~eam:'~'~ibn ~'~.~i~:" : · ~'. ~&'~yn~h'5~u~Road;~i~: '.'~ ." .;' '; .' ' ~ · "'"'" '..' '.'."':"".: ....... ::....... :..:.. ,.,, ......: .... .'.;. -..: . ..: .' ........;.~."..': ;.'. 4.' ~.~d ~ng ~p'a.~:' Th& flood.car~ing' c~ '~r:~iS po~ion of . .'the 't~uta~ .is .governed. by' ~he .ex~in.g '.dow~suea~: 0[d 'Lg~hburg tbe.~rger c~tr~ut.[ng ama.. As: de~igaed;;~he:.'OId'.'L.y~chbu'fg'.'.:.~ad .....' ~[~.A.:'le~e'.~.~.'h~auli~-:Cap~eJ~ thSn..~at 'W~.ch":is :~S~ad fpr.'the .... S'~.bj~...~ivisi~..'s~eet~'~'~iAg,:' Th.e' p~Opo~d."uPland-'~tr&am c~aci~ ~thin the'tribu~ :watercourse w~[] b~ maintained: · · .. '.' . ':: . .~, . ~-. ... . .. . : .' ~ · . '. '.'. . .... : '... ~.pt~p~ s~.~ .tO this ~p~.~ion; is .cUre,fly Faint,. uh~anaged · :"~e.h ~ace 'sn'd ~'.b'een in: ~h~s '~pnd~flon for' many..yea.~.... :...wilL~.e~ha~'e.'.ex~!~;'envir.onmemai c~"dRi~' w~th~, th~ ~ri'b~a'~,: '.Fie]d .~ ?. i~spect i ~ ns.,reveal. ;'exist.'i ng~ stream bank er~ion 'p r~ b leto s. an'B ..'chan~s~ · d~.do'ra~ wi:h[n.'ffie ~Onst~-Io~.. i~' ar&a ~:the t~b'uta~ cro~[hg, .. ... ~ese'..pr~lems;,:Ca~:be .reme~ ed by the ap'pli'cati~ "Of'th oug~Eu~. Channel ~hanceme~ts, .e'm~oY!ng bro~engineer~ng .t~h~!qu~ and'.'~.he~ environme~all.y..'a~ropriate ~mpro~ement.during ~e d~.e[opme~ qf. the' "su~ivisi~n' g~reet.~t'em. : ....... :": · '' "~h'e'se'. e~Si~ned.' im~ovem~nts. W~II. Sta'blltze egist'ing def~c~p~ areas· of... "' ~he. ch~n'fi.el an:d..'Alt~ fo~ g~eral..enhancement"tO .the e~V'['ro~e~tal" 'qua.[:i[y; o~-the .stre~ '.bank via .la~dsc~'ing a~d. ~ther' P'mte'~tive · measu~.ss; .Best .Management. Prac[~ces .and.'~rosion and sedimen~ co~tr?.l.m.easu.res .~Ould be imp em~med f~r.c~t[c~! ~cti~n~ immwd'iate~ . .. · 'upst~a~ a~d' do~tr~sm o'f the.stm~{ 'C~ossing; 'A 'mitigatiOn pl~fer. '. . . "" .'the"st:~'am.bdffer af&a', w[IE.'b'e subm~.t&d 'With'the fin'~ .pla[ a~d ~ a~ for M'O:~ MOa'~ain',. :' ' ' ...... "' "~"..:.':.' .... ." ' . ... i ;, ' Spe'~la:l .USe perm~t'a.nd Landfill Permit · 3 ' · "dn~lna'ge'.~ma .~.al~'mTJmatsfy 715. a~es (ba~ ~' US~S' m~p)ng}. For ~e-~y~r' ~= the assUm~ s~nN impm~n~ mm~n the ~ O~ar ~ ~~ m m m m ~le~ the m~ appropriate "design yea~ for' th~' c~ssing, A ~1 mm d~.~JnafiOn ~ m ~ th~ ~d~mi~ ~gin~m~ng'~d ~8 re~t~ $~U~mI m m mm ~ eng~eeH~ spp~a~S ~rthe VDOT m~ ~s.m mm 7' m'm Wa~ ~( ~e' ~.S.-and Nomads) W~imndm: m ~)S ~ h~ m~ ~th Nafi~w~e, Pemit ~14 ~eri~ ~d t~t an )nd~duat CORP ~mE will 'T:' Water. of.the' U-S. and. Non-Tidal· Wetlands: '.'.' ." '.~.. suppo, dmg'documentetio n iwhicff, reflect! : This .'offiCe:has met with'. .Jim-"l~0gdon .'(Co~..of Engineers) to. undeAaAe an i~itial'field i.nv~'n~ '.. and'.:~RP.p~applicati~ discussions, A.e~y o.f. ~e..~ache~' CORP,· ~er of ve~fic~tion is.pr~[ded ~h. ~ete~ ~..~e proj:~.S~T~.~s Nationwide Pe~it ~ 4 c~efla: And that.an i'ndJ~idbar' ~RP. ~mi~.w~].: not be r~u~d'.. ,' . :" ~Eh.this ~t~ment.ot ~ustifi~stlon.sre.pmvided v~ieus mapping exhibits.and' bther (a).'. exis~7'ng topography enc~ FEMA floodway.'mapj~inE ~lm/ls ,(see Prefi~qinary Plat exh/bfO; .. ~fanned 'gtream cha~.¢ cross.in~ l~t~o~ ~or the ~'M~i~ proximity o?. planned Cr~s~ing "to downstream' a~d. upstream' p~'~ (~ee P~efimina~ P/at exhlbfl~; .. :' · · .M .sows mapping~ of.watershed (gCS '(~) pref~mina~y hyd~ufic a,aty~/~ 0¢2, ~0, 25'and..l ~O-yeer.'st~rms;' .. · HE~ 1.00~year.#oodpfain e~'ne~r/ngr ~tudy; and ,~il. informa_fion, provided herein is.subject'to refi~ment. [md final engineering ana.lys~s as ,~e~' 'as ap.p~oval 'of fi.r~al, road p!~s 'and" profiles. for. the proposed .Mosby Mc, odta'in ...subdivision .~.r.,eet Crossin.~ by VDOT and the County'of Albemarie,· · '.:" P, rer~ied'and ~.~bm~ed by; · . Th~ C~x.Compan]r' Speela.] .U~e Permit an~l Landffii Permit', ~ ... i D.6p.m-tm~nt Of P~ and Comfimni.ty Dewelopmemt 'Couri~.b~'A1J0~rnm-le;: '. · ". .... . -., · . · .: ....... 'January. 2$'~2002 · Follom'ag Our. reoent telephone conv~safioa I am writing to 'ex-press som~: ~nceras my M_fe m~d:I have about the effect on our property of the pr0l~o~l sabkt.igi~i0n~, ~{tided Mountain. Valfey m~d Mosby Motknta[r~ which will adjoi~ our pr0pe41y, Wirrte~-g.~eOn . 'Farm, I .o:~. 't~l at'. t.132 Stmsat Avenue Pxtended. We hope'the Depa~ment'-ofPl~nij1]g, ~ · . addreds the' following mattem " 1.' Tr~taassers. Whe'a. these sul>d[vi~iot~s are .built and iahatfit}ed 0~s will-'be'th'e .... " .0nly ir~t'0f rural hind.remaining hx ;}lis area· We ha\.'¢ had a marked in~-~e in tri:spa~ser.~.fr'6m '.~e ltedfields subdidsiOn, These ~r.eslms~ers ma7 di.stmi~ the'hgrses on'oog Dro.pm-ty and ~ie'y' ma7 them.selv¢~'l~, inj?ed .by the.ho[ses We paid mtrae.[ues for:about half a. mire',f'clain li.r '. " foice ts'geter'a-~pass,rs;'.bu-~ it has hat~ little effect. Are the developers'or,he 'new su'l~Iiviaionz will, ag. to shai'e-the cost of' a high ;Ih[Ce separating Witaergreem Faa'm. 5-om fh'e new rmbdiviaions? .. You pointed[.out, t6. me .tha~ ~espass[ag is a legal matter. This m~y. b.e so,. but'surely ;he ~iaaakig . Commi~ion.should take a~oant of the effect'on remaidng r~ral property .when they .apprgye ar~ - irm-nerme'growlh.h~ the surrounding population. 2' D.rM/'mg, from (he subdivisions. ' At one j~l~ee oh om:north b. ou'hdarg wi/Ia' '- .tledfields.. fain wmer fro~6 kedtleld,~ floods.one of our fields mxt ha5 aLC~y .washed.away th~ {a~h'frbm'one. of our trees, w~ch.~ll over and.~ied. 'You. said [his .was a martin for the Deparlment of'Ehgineehag. I thknlq..kolwev.or,, th'a]; the Planning Commission should take accouter, o£ skmcb, ma~te{-s when it approves t;.cu~ subdivisions. '.5. Pfi'riry ot~.streams. A substantial'sr,'e.am, cafled !liscuk Run. cornea into' '" :.' W] im.~rgree0. Ftxrm lmm the presemM~u,itaih '~alle.~'Farm. it mas rJ~6ngh ~rur hnd for a~kt half : a.mito'm~d'.'then goes {mo the ar6a p~:op'userl fo,' o~e of the new subdMsion's'. The hdrs~_$ on nar . p{opet-~y .diqi.nk' from th~ .~v;axer;' .C~mac[a Skese dso use i'[. Wliat pro¥ision wilt be .made pmloos~ strb'dbisiohs for ma[n;aitSng the iu!fit-y afthe wa~er in this these maaers,. '4. Right of Way. The J¢~$up .prop~rty'0wrm, nt~ valI~ F~9 b~ ~ dg~ of~ay . on ~e ~ road of W~t~n Farm W~h ~ght of way ~iSts oily for-~ ~&~e et'. : ~ng op~afions ~ Mdunt~n Va'lldy F~n. This [[mi~6oa .on the uso.olde g~ of.~y W~ ..... ~ a f~ ~ ~o wh~ t~bff opera;ions'~ propos~ at Mo~ Valley F~ ~ ~ n~ ~bdi~ion ~ p~eh~= oflaod, adjoh~g the pr~ent gate at ~e e~ of'~'~ ro~ ..' · ~oulauUa~d.~o,e D~ch~e'that ~ or sh~ will not have ace,s to t~ ~d :~0ugh.the gm~ ro~ of WNt~e~n Farm· We 6¢tieve'~a~ gate st~ould be rgmoved ~d repN~ by ~g. ~propi'ia~ I w~l De-gt~ to racet wi¢] m~65~s of your Dep~menf.m ~¢~ c. Rieahard:I-t. Ba[rick,E~q. .'Wilg k in3 ',-egards., · ¥oura Ian Stcv~e~ls on,'M.D. ATTACHMENT:F. " · ...'ffra~..k .,yOU:for taking the time. M .or~la. y tO disa. ms with me.a~e Z~ir~ a~::l~iannina N~ .':' ." mm m~ .~.u~. mm:m m m mmm m mmmm~ mm m mm mm ...... m mm m m m mm m m mm m mmm m mm Peter Clark m m 110711 Old L~ncl'id:31J Kg 977~Bo.-m FROM'... DATE:. · I~.E'." MEMO~UM Yadka 3~nar~nte.~ Planner (to be ~ SPIN) .... is~..2~z · ... ... · · ~-'~1 ~65 .' ATTACHMENT T~¢'~p~=i~l t~.P~-am to an'aa t~,.e a/~oa~ ~eq.uastea ~. ma ~o~y~ p~ ~ 5-f~t ~ 15-'feet ~' ~d h~ 3-f~ H~.b~k~."~¢ Water'. a~h v~ '~m' 1 ~ 2-f~ ~ep. ~s ~ a fiat wo~'fl0~.[~ wi~ ~' al~e'~.'~ong {~ ~&s, prCpo~ ~sa~. :. ' ~e'~c~O~ ~'~. 't~e'of.~e ah~ ho incr~e ia ~e fl~t'~, for the' eondifons: ......... 2, '..~r CON/SP~'~d'~. ~tem tuna b'e ~s~ ~ ~u~r~s ~~o~. Albetnar~e County D.eveloprnent DePartments SPtN"S'Ubmission· and Comments · ., ArchTtectumi.Review B~r~ .S P-DO014)65 .. , M0nt~.Mo0ntain. su~iv~ion.Plat'"'' · re~ew~r .. received revi~ved Mer~laret Maliszewsld · '" ' ~15/02 3~'1S~02 .decision ' .... eppmved · · ATTACI-trMENT H T[-le proDosed b~clGe b'not expectecl ~.l-~ve a visual Impact on 1~e EC. re~Llired .... Con~equenlly. AP, D review I~ not ;3O21~D2 I]9:5 ~ 'AM ii II, ere ~re amy question, o~e advise, · C'l~uck ' B-OARD TO-B "" Date: ~~ May 1, 2002- 10:30 a.m. Agenda Item #: Clerk's Initials:. A Monthly Communications Report of activities from the Albemarle County School Board to the Albemarle County Board of Supervisors. Highlights: School Board Briefs - April 11 and 25, 2002 Board Briefs were provided via e-mail. RECENT MIDDLE SCHOOL REDISTRICTING: The Middle School Redistricting Committee has developed a proposed plan for middle school redistricting. The proposal will be presented to the board at its May 9 meeting. After it receives this report, the School Board will consider whether or not it wants to delay a decision and re-examine the long-term redistricting plan reflected in the CIP. Doing so may necessitate delaying and/or changing the scope of the Jouett Middle School renovation/addition and the Monticello High School addition. Im%rmation regarding the redistricting process is located on the School Division Web Page at http://kl2.albemarle.org. UPDATING OF THE COMPREHENSIVE PLAN: Most board members will be able to attend the UnJam meeting. However, the Board feels that this alone is inadequate for a joint meeting between the Board of Supervisors, Planning Commission and School Board. We would like to meet with you to discuss establishing a process for revising the school portion of the comprehensive plan. We request that this meeting take place in the near future because we are currently making CIP decisions based on the current outdated plan. In particular, the School Board needs to decide on the size of the Monticello classroom addition by August. TEXTBOOK SELECTION AND ADOPTION: The Board approved the adoption of instructional materials for-Grades K-5 Language Arts, Grades 6 -12 Science, and Grades 6 -12 Career and Technical Education at its April 25 meeting. ADOPTION OF FY 2002-03 OPERATING BUDGET: At our April 25 meeting, the board adopted an operating budget of $110,444,041, including $99,589,820 in the School Fund Budget and $10,854,221 in the Self-Sustaining Budget. The attached memo (Enclosure 1) contains the Superintendent's recommendations for cuts. The board accepted his recommendations at the April 25 meeting. Enclosure 2 is the agenda item from that meeting. JUNIOR AIR FORCE ROTC PROGRAM: Atthe April 11 meeting, the board approved a Junior Air Force ROTC program for Monticello High School for the 2002-2003 school year. AIMR CONTRACT: The board approved a contract with AIMR for the summer rental of Monticello High School. This rental provides $300,000 towards support of the School Board's Operating Budget. SCHOOL DIVISION CALENDAR: On April 11, the board approved the school division calendar for the 2002-2003 school year. The first day of school is set for August 26. This calendar was done in conjunction with the Charlottesville City Schools. Both systems will have the same calendar next year. This will greatly simplify scheduling at CATEC and also facilitate more cooperative activities in areas such as staff development. STANDARDS OF QUALITY HEARING: On Monday, April 29th the Chair and Vice-Chair spoke in Staunton at a public hearing regarding the SOQs. (Enclosure 3) GOLDEN APPLE AWARDS: The Golden Apple Award Ceremony was held on April 26 at the Rotunda. The Golden Apple Award is a means of selecting and honoring some of our outstanding teachers from the public schools in Albemarle County and Charlottesville City, including CATEC and eligible private schools (members of VAIS). The awards are sponsored by Richard Nunley, Chairman, Better Living Building Supply & Better Living Furniture. list of the Albemarle County recipients is enclosed (Enclosure 4). A FUTURE ITEMS OF INTEREST TEXTBOOK SELECTION AND ADOPTION: The Board will be considering the adoption of instructional materials for Grades K - 12 Music. All materials are on display at the Albemarle Resource Center for public review and con-anent. The materials are scheduled on the May 23 meeting for adoption. TEACHER APPRECIATION WEEK: Teacher Appreciation Week is May 5 - 11, please take time to thank those who educate our children. You will be hearing a number of public service ads during this week, and there are other activities that are taking place Expect Success" TO FROM RE DATE Sc,~¢1~ rd Members D(. ~e~~stner, Division Superintendent Bt~nf~:?matio n April 19, 2002 Introduction I wanted to provide Board members with some additional information and a recommendation in preparation for your work sessions to finalize the FY 2002-03 Operating Budget. I hope this will provide a useful starting point for your discussion. New Information Following is a summary new information since the Board passed its Funding Request in FebrUary: Recent federal education legislation, Leaving No Child Behind, will cause curriculum and testing realignment, making it advisable to delay purchase of newly-adopted language arts textbooks until next year, when regulations to this legislation are developed and disseminated. The full Science textbook adoption would be purchased for the coming school year. The School Board agreed to pursue a 3.3% salary increase for teachers and a 3.8% increase for classified staff. An additional $79,500 in federal revenue is for Special Education is now projected. The state budget signed by the Governor included a two-year holiday on VRS life insurance payments. This will result in an approximately $180,000 redUCtion in expenses from the School Board's Funding Request. The state budget also reflected an $88,542 decrease from the February projection. The projected teacher salary increase will require a $7,778 increase in the Division's contribution to CATEC. In its Operating Budget, the School Board requested $5371100 in one-time funding for the opening of Baker-Butler Elementary. The Board of Supervisors ultimately provided $125,000 for this purpose, or $412,100 less than requested. Page 2 ~ The Local Government transfer also increased by $948 from the School Board's Funding Request: Possible Restructuring Strategies The following strategies could be utilized to balance the budget and provide a 3.3% teacher increase, a 3.8% classified increase, and a Board Reserve of at least $200,000; · Revenue Enhancements: - Increase Food Service transfer from $25,000 to $50,000 - net $25,000 Increase Community Ed transfer from $25,000 to $50,000 - net $25,000 · Expenditure Decreases: Reduce 9 teaching positions from the School Board's Funding Request. This would be done by eliminating some of the "double counting" of Special Education students - net $403,173 Reduce instructional operations/textbook budget - net $150,000 - Reduce Building Services operations budget- net $50,000 - Reduce school bus replacement - net $205,000 Additional Options to Address Board Priorities The final phase of the Gifted Initiative (1.1 FTE positions) could be funded at a cost of $49,277. Gifted Resource Teacher (GRT) staffing started as a six-year phase-in in 1997-98 with a total of.8.7 positions shared across 23 schools. Allocations have increased the number of these positions each year with the goal of reaching standardized staffing ranges for all schools. This year, 19.4 positions were allocated to each of the 24 schools. By adding 1.1 FTE Gifted ResourCe Teacher, the original 1997- 98 staffing goal will be met. The next-to-last phase of the Literacy initiative (3.75 FTE positions) could be funded at a cost of $167,989. Attachment 1 provides additional information concerning these positions. Other Needs A Loss Prevention Coordinator continues to be identified by staff as a need that would generate long-term savings in Worker's Compensation. This position would cost approximately $70,000 including compensation and operational costs. It was not included in the Superintendent's Funding Request based on the original Board direction of no new initiatives unless funded by savings in other areas. The Board could revisit this issue later in the fiscal year or in FY 2003-04. Page 3 Superintendent's Recommendations I would ask the Board to consider the recommendations outlined below to finalize the budget. · Increase Food Service transfer from $25,000 to $50,000. Ms. Pitsenberger has indicated that this increase can be feasibly absorbed. · Increase Community Ed transfer from $25,000 to $50,000. Mr. Reid has indicated that this increase can be feasibly absorbed. · Reduce Building Services operations budget by $50,000. This will impact furniture replacement and a number of smaller accounts. · Reduce bus replacement by $205,000. This will delay replacement of approximately 3 buses. · Reduce instructional operations/textbook budget by $150,000. Reduce 9.0 baseline teaching positions, or $403,173, from the School Board's Funding Request through elimination of some of the "double counting" of Special Education students in both the regular.and Special Education staffing formulas. This strategy would not reduce Special Education positions. It is consistent with the current practice of adjusting high school staffing to reflect students attending CATEC or participating in out-of-building work study programs. ..Add 1.1 FTE Gifted Resource positions and 3.75 FTE Literacy Specialist positions at a cost of $217,265. With the reduction of 9.0 FTE baseline positions and the addition of these positions, school will only see a net reduction of 4.15 FTE positions from th e School Board's Funding Request, for a net savings of $185,907. Attachment 2 is a summary of the impacts of revenue and expenditure changes since the School Board passed its Funding Request, along with the impact of my recommendations. Attachment 3 is an overall budget summary based on the information and recommendations provided in this memo. As you will see, these recommendations do result in a budget that is balanced to projected revenues. It also provides the Board with a Reserve of $262,758 versus the $200,000 staff had been asked to plan for. Salary Scales Attachment 4 is the Proposed Teacher Salary Scale based on the 3.8% increase. This scale was developed to be consistent with our (~ompetitive market. Attachment 5 is the Proposed Classified Scale which reflects a 3% scale increase. /~ 3.8% merit pool will be distributed based on actual evaluation scores. This should help to improve the competitiveness of our classified salaries, although they will continue to be a least 2% behind market. Page 4 Conclusion The reason we have been able to make this budget work in a very difficult year is because of the conservative approach used in its original development, which reflected the School Board's direction. Schools and departments were level-funded and new initiatives, other than in compensation, were only added if other reductions or restructuring occurred. I would also note that because of the state's fiscal situation, schools and departments have operated this year under a 12.5% holdback. Although it appears possible that about 5% of this holdback can be restored, departments and schools have operated this year with less than anticipated. I look forward to discussing my recommendations with the Board. Please feel free to let me know if you have any questions or require any additional information. Subject: FY 2002-03 Budget - Updated Policy Reference: DB Date: April 25, 2002 Enclosures: 3 REASON FOR CONSIDERATION: Action X Information Background (Purpose). At its April 22 Work Session, the School Board discussed recommendations from the Superintendent to finalize the FY 2002-03 Operating Budget. These recommendations were as follows: · Increase Community Ed transfer from $25,000 to $50,000. · Reduce Building Services operations budget by $50,000. · Reduce bus replacement by $205,000. · Reduce instructional operations/textbook budget by $150,000. Reduce 9.0 baseline teaching positions, or $403,173, from the School Board's Funding Request through elimination of some of the "double counting" of Special Education students in both the regular and Special Education staffing formulas. Add 1.1 FTE Gifted Resource positions and 3.75 FTE Literacy Specialist positions at a cost of $217,265. With the reduction of 9.0 FTE baseline positions and the addition of these positions, school will only see a net reduction of 4.15 FTE positions from the School Board's Funding Request, for a net savings of $185,908. Enclosure I provides a summary of the im pact of these recommendations, along with revenue and expenditure changes that have occurred since the Board passed its Funding Request in February. Administrative Consideration (Rationale) At the April 22 Work Session, the Board approved the Superintendent's recommendations in concept, and asked that final budget figures be presented for adoption at the Board's April 25 meeting. Enclosure 2 provided an overall summary of the budget based on the Supedntendent's recommendations. A summary of Self-Sustaining Funds is provided as Enclosure 3. Page 2 Budget Implications (Short and Long-Term) The Operating Budget is an essential framework to the Division for meeting its instructional mission, goals, and priorities. Recommendation/Future Direction/Timeline Adopt a FY 2002-03 Operating Budget of $110,444,041, including $99,589,820 in the School Fund Budget and $10,854,221 in the Self. Sustaining Budget. Prepared: -'~'~ Reviewed: Recommended: item Number: My name is Steve Koleszar and I am the Chairman of the Albemarle County School Board. I applaud the long-overdue review of the Standards of Quality. Much has changed since their last review in the mid-1980s. Public schools are expected to do more than they ever have before. The demands of a rapidly changing society have caused the mission of public schools to be more complex and demanding than ever before. The SOQ need to reflects these stronger demands and this increased complexity. As the SOQ are reviewed, I strongly urge that the following areas be addressed: The class size requirements stipulated in the SOQ in no way represent reality. Our school division, like many others, staffs significantly above these minimal levels and therefore, absorb 100% of the costs to do so. The class sizes required by the SOQ need to be lowered to reflect prevailing practice, and just as importantly, funded appropriately. Similarly, SOQ requirements for positions such as principals, assistant principals, media specialists, clerical staff, and guidance counselors are significantly lower than prevailing practice, again causing school divisions to shoulder the entire cost for adequate services in these areas. These areas must also be reexamined, changed, and again, funded appropriately. The SOQ dO not include staffing standards for areas such as technology support to foster effective integration of technology into instruction, English as a Second or Other Language to meet both our moral obligation to these students and to meet federal regulations, Gifted Resource teachers to support our most academically able students, and School Resource Officers to help provide safe and secure schools. Local school boards are having to address these critical areas with no support, even though they are necessary, and even required, services. The SOQ must address these areas. As the JLARC Report rightfully pointed out, Virginia has no clear strategy to maintain competitive teacher salaries. The SOQ needs to establish a reasonable benchmark, and then fund it. Further, the method for calculating the cost of teacher salaries needs to be changed. The linear average method currently used is both flawed and inequitable. The JLARC Report last November should have been a wake-up call conceming Virginia's negligent approach to K-12 education funding. Virginia has rightfully raised the bar for all students and increased the accountability level for all schools and school divisions. Recent federal legislation intensifies these expectations. The state needs to be a true partner in meeting these higher expectations. The upcoming review of the SOQ and their funding is an essential vehicle for making this happen. The structure of the SOQ and the method by which they are funded perpetuate educational inequity in the Commonwealth. The time has come to make long-overdue changes. Albemarle County Schools Elementary Schools: June Benoit Terry Levinson Mary Ann Booth Rebecca Pelton Susan If erd Lisa Molinaro Rebekah Kestner Deborah Parmelee Mary Smith £aurel G illette Anne Conrad Catherine Wojcik Wayne Flint Chery l Thomas en Monique Mitchelson Agnor Hurt Broadus Wood Brownsville PaulH. Cale Crozet Mary C. Greer Hollymead Meriwether £ewis Murray Red Hill Scottsville Stone Robinson Stony Point Woodbrook yancey Middle Schools: £arry Tharpe Marcia Grove Tessa Pehanick Thomas Sutliff J. P. B~xrley Jack Jouett Sut herland Walton High Schools: David£arrick Andrea Trank Annie Jacobs Lani Hoza Albemarle Monticello Murray Western Albemarle ORDINANCE NO. 02-2(2) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, ARTICLE II, BOARD OF SUPERVISORS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 2, Administration, Article II, Board of Supervisors, of the Code of the County of Albemarle, Virginia, is hereby amended and reordained by amending Section 2-202, Compensation of Board of Supervisors, as follows: CHAPTER 2. ADMINISTRATION ARTICLE Il. BOARD OF SUPERVISORS Sec. 2-202 Compensation of board of supervisors. The salary of the board of supervisors shall be eleven thousand six hundred fifty-seven dollars and no cents ($11,657.00) for each board member. In addition to the regular salary, the vice-chairman shall receive a stipend of thirty-five dollars ($35.00) for each and every meeting chaired and the chairman shall receive an annual stipend of one thousand eight hundred dollars ($1,800.00). (6-13-84; 5-8-85; 5-14-86; 7-1-87; 7-6-88; 6-7-89; Ord. of 6-13-90; Ord. of 8-1-90; Ord. of 8-7-91; Ord. of 7-1-92; Ord. No. 95-2(1), 6-14-95; Ord. No. 98-2(1), 6-17-98; Code 1988, § 2-2.1; Ord. 98-A(1), 8-5-98; Ord. No. 99-2(1), 5-5-99; Ord. No. 00-2(1), 6-7-00; Ord. 01-2(2), 6-6-01; Ord. 02-2(2), 5-1-02) State law reference--Compensation of board of supervisors, Va. Code § 15.2-1414.3. This ordinance shall be effective on and after July 1, 2002. 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 vote of five to zero, as recorded below, at a meeting held on May 1,2002. Clerk, Board of County Supervisors Aye Mr. Bowerman Absent Mr. Dottier X Mr. Martin X Mr. Perkins X Mr. Rooker X Ms. Thomas X Nay Draft: April 9, 2002 ORDINANCE NO. 02-2( ) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, ARTICLE II, BOARD OF SUPERVISORS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 2, Administration, Article II, Board of Supervisors, of the Code of the County of Albemarle, Virginia, is hereby amended and reordained by amending Section 2-202, Compensation of Board of Supervisors, as follows: CHAPTER 2. ADMINISTRATION ARTICLE II. BOARD OF SUPERVISORS Sec. 2-202 Compensation of board of supervisors. The salary of the board of supervisors shall be ~ ..... *~ ...... a · .... ~..,a,~a ,~;,-,., .................................... ~ eleven thousand six hundred fifty-seven dollars and no cents ;¢~ ~ oa~ ~m _ t,.., ......: ($11,657.00) for each board member. In addition to the regular salary, the vice-chairman shall receive a stipend ofthiay-five dollars ($35.00) for each and every meeting chaired and the chairman shall receive an annual stipend of one thousand eight hundred dollars ($1,800.00). (6-13-84; 5-8-85; 5-14-86; 7-1-87; 7-6-88; 6-7-89; Ord. of 6-13-90; Ord. of 8-1-90; Ord. of 8-7- 91; Ord. of 7-1-92; Ord. No. 95-2(1), 6-14-95; Ord. No. 98-2(1), 6-17-98; Code 1988, {} 2-2.1; Ord. 98-A(1), 8-5-98; Ord. No. 99-2(1), 5-5-99; Ord. No. 00-2(1), 6-7-00; Ord. 01-2(2), 6-6-01; Ord. 02-2(2), 5-1-02) State law reference--Compensation of board of supervisors, Va. Code § 15.2-1414.3. This ordinance shall be effective on and after July 1, 2002. 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. Rooker Mr. Dorrier Mr. Martin Mr. Perkins Ms. Thomas Aye Nay Clerk, Board of County Supervisors ORDINANCE NO. 02-2(3) AN ORDINANCE TO AMEND CHAPTER 2, ADMINISTRATION, ARTICLE I, ELECTIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 2, Administration, Article I, Elections, is hereby amended and reordained as follows: By Amending: Sec. 2-102 Rio Magisterial District Chapter 2. Administration Article I. Elections Sec. 2-102 Rio Magisterial District. The Rio Magisterial District shall be bounded, and contain voting precincts and polling places, as follows: A. Description of district: Beginning at the intersection of the South Fork Rivanna River and its intersection with the northeastern limits of the City of Charlottesville; then meandering north and west along the South Fork Rivanna River to its intersection with Seminole Trail (U.S. Route 29); then northeast along Seminole Trail to its intersection with the North Fork Rivanna River; then meandering along the North Fork Rivanna River northwest to its intersection with Dickerson Road (State Route 606); then south along Dickerson Road to its intersection with Earlysville Road (State Route 743); then northwest along Earlysville Road to its intersection with Buck Mountain Road (State Route 663); then northwest along Buck Mountain Road (State Route 663) to its intersection with Buck Mountain Road (State Route 664); then northwest along Buck Mountain Road (State Route 664) to its intersection with Buck Mountain Road (State Route 665); then southwest along Buck Mountain Road (State Route 665) to its intersection with Bleak House Road (State Route 662); then south along Bleak House Road to its intersection with Reas Ford Road (State Route 660); then south along Reas Ford Road to its intersection with the South Fork Rivanna River; then meandering southeast along the South Fork Rivanna River to its intersection with Earlysville Road (State Route 743); then south along Earlysville Road to its intersection with Hydraulic Road (State Route 743); then southwest along Hydraulic Road to its intersection with Whitewood Road; then east on Whitewood Road to its intersection with Greenbrier Drive; then east on Greenbrier Drive to its intersection with Seminole Trail (U.S. Route 29); then south on Seminole Trail to its intersection with the northern limits of the City of Charlottesville; then following the limits of the City of Charlottesville east to its intersection with the South Fork Rivanna River, the point of origin. B. Voting precincts: The district shall be divided into five (5) voting precincts, as described herein: 1. Agnor-Hurt Precinct: Beginning at Seminole Trail (U.S. Route 29) and its intersection with Greenbrier Drive; then northeast along Seminole Trail to its intersection with the South Fork Rivanna River; then meandering west and south along the South Fork Rivanna River to its intersection with Earlysville Road (State Route 743); then south along Earlysville Road to its intersection with Hydraulic Road (State Route 743); then southwest along Hydraulic Road to its intersection with Whitewood Road; then east on Whitewood Road to its intersection with Greenbrier Drive; then east along Greenbrier Drive to its intersection with Seminole Trail, the point of origin. 2. Branchlands Precinct: Beginning at the northern city limits of Charlottesville and its intersection with Rio Road East (State Route 631) and the Southern Railroad right-of-way; then northwest on Rio Road East to its intersection with Seminole Trail (U.S. Route 29); then south on Seminole Trail to the northern city limits of Charlottesville; then east with the city limits to its intersection with the Southern Railroad right-of-way and Rio Road East, the point of origin. 3. Dunlora Precinct: Beginning at Rio Road East (State Route 631) at its intersection with the Southern Railroad right-of way; then northeast along the Southern Railroad right-of-way to its intersection with the South Fork Rivanna River; then meandering southeast along the South Fork Rivanna River to its intersection with the Charlottesville City limits; then following northwest along the Charlottesville City limits to the intersection with Rio Road East and the Southern Railroad right-of-way, the point of origin. 4. Northside Precinct: Beginning at the intersection of Seminole Trail (U.S. Route 29) and the South Fork Rivanna River; then northeast on Seminole Trail to its intersection with the North Fork Rivanna River; then meandering northwest to its intersection with Dickerson Road (State Route 606); then south along Dickerson Road to its intersection with Earlysville Road (State Route 743); then northwest along Earlysville Road to its intersection with Buck Mountain Road (State Route 663); then northwest along Buck Mountain Road (State Route 663) to its intersection with Buck Mountain Road (State Route 664); then northwest along Buck Mountain Road (State Route 664) to its intersection with Buck Mountain Road (State Route 665); then southwest along Buck Mountain Road (State Route 665) to its intersection with Bleak House Road (State Route 662); then south along Bleak House Road to its intersection with Reas Ford Road (State Route 660); then South along Reas Ford Road to its intersection with the South Fork Rivanna River; then meandering eastward to its intersection with Seminole Trail (U.S. Route 29), the point of origin. 5. Woodbrook Precinct: Beginning at the northern city limits of Charlottesville and its intersection with Rio Road East (State Route 631) and the Southern Railroad right-of-way; then northeast with the Southern Railroad right-of-way to its intersection with the South Fork Rivanna River; then meandering northwest with the South Fork Rivanna River to its intersection with Seminole Trail (U.S. Route 29); then south on Seminole Trail to its intersection with Rio Road East (State Route 631); then southeast on Rio Road East to its intersection with the Southern Railroad right-of-way and the northern city limits of Charlottesville, the point of origin. C. Polling places: Each voting precinct shall have a polling place at the location identified below: Drive. 1. Agnor-Hurt Precinct: Agnor-Hurt Elementary School, 3201 Berkmar 2. Branchlands Precinct: Senior Center, 674 Hillsdale Drive. 1000 East Rio Road. Dunlora Precinct: Charlottesville-Albemarle Technical Education Center, Road. Northside Precinct: Buck Mountain Episcopal Church, 4133 Earlysville Drive. Woodbrook Precinct: Woodbrook Elementary School, 100 Woodbrook (8-19-71, § 1; 9-5-72; 7-15-81; Code 1988, § 6-1; 5-15-91; Ord. 95-6(1), 1-11-95; Ord. 98-A(1), 8- 5-98, § 2-100(1), § 2-101; Ord. 01-2(1), 5-9-01; Ord. 02-2(3), 5-1-02) 2 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 vote of five to zero, as recorded below, at a meeting held on May 1,2002. Clerk, Board of County Supervisors Aye Mr. Bowerman Absent Mr. Dottier X Mr. Martin X Mr. Perkins X Mr. Rooker X Ms. Thomas X Nay COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Ordinance Amendment - Elections - Rio Magisterial District - Change of Polling Place SUBJECT/PROPOSAL/REQUEST: Adopt the proposed ordinance changing the location of the polling place for the Northside Precinct in the Rio Magisterial District. STAFF CONTACT(S): Messrs. Tucker, Davis, Harris AGENDA DATE: May 1, 2002 ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: Ordinance BACKGROUND: Virginia Code § 24.2-307 requires that the Board of Supervisors establish polling places by ordinance. Albemarle County Code § 2-102(C)(4) establishes the Northside Community Fellowship Church as the polling place for the Northside Precinct in the Rio Magisterial District. The Albemarle County Electoral Board recently recommended that the polling place be changed to Buck Mountain Episcopal Church. DISCUSSION: The Albemarle County Electoral Board has recommended that Buck Mountain Episcopal Church replace Northside Community Fellowship Church as the polling place for the Northside Precinct. Even though this polling place has been used for less than a year, this change is necessary because Northside Community Fellowship Church moved out of the building it occupied at 1820 Airport Road and the building is no longer available. Buck Mountain Episcopal Church is located at 4133 Earlysville Road, which is outside of the Northside Precinct. However, it may be used as a polling place for the Northside Precinct because it is within 1,500 yards of the precinct boundary (Virginia Code § 24.2-310) and is easily accessible to the voters in the precinct. RECOMMENDATION: Staff recommends that the Board adopt the attached ordinance after the public hearing. 02.060 Draft: 04/09/02 ORDINANCE NO. 02-2(1) AN ORDINANCE TO AMEND CHAPTER 2, ADMINISTRATION, ARTICLE I, ELECTIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 2, Administration, Article I, Elections, is hereby amended and reordained as follows: By Amending: Sec. 2-102 Rio Magisterial District Chapter 2. Administration Article I. Elections Sec. 2-102 Rio Magisterial District. The Rio Magisterial District shall be bounded, and contain voting precincts and polling places, as follows: A. Description of district: Beginning at the intersection of the South Fork Rivanna River and its intersection with the northeastern limits of the City of Charlottesville; then meandering north and west along the South Fork Rivanna River to its intersection with Seminole Trail (U. S. Route 29); then northeast along Seminole Trail to its intersection with the North Fork Rivanna River; then meandering along the North Fork Rivanna River northwest to its intersection with Dickerson Road (State Route 606); then south along Dickerson Road to its intersection with Earlysville Road (State Route 743); then northwest along Earlysville Road to its intersection with Buck Mountain Road (State Route 663); then northwest along Buck Mountain Road (State Route 663) to its intersection with Buck Mountain Road (State Route 664); then northwest along Buck Mountain Road (State Route 664) to its intersection with Buck Mountain Road (State Route 665); then southwest along Buck Mountain Road (State Route 665) to its intersection with Bleak House Road (State Route 662); then south along Bleak House Road to its intersection with Reas Ford Road (State Route 660); then south along Reas Ford Road to its intersection with the South Fork Rivanna River; then meandering southeast along the South Fork Rivanna River to its intersection with Earlysville Road (State Route 743); then south along Earlysville Road to its intersection with Hydraulic Road (State Route 743); then southwest along Hydraulic Road to its intersection with Whitewood Road; then east on Whitewood Road to its intersection with Greenbrier Drive; then east on Greenbrier Drive to its intersection with Seminole Trail (U. S. Route 29); then south on Seminole Trail to its intersection with the northern limits of the City of Charlottesville; then following the limits of the City of Charlottesville east to its intersection with the South Fork Rivanna River, the point of origin. Draft: 04/09/02 B. Voting precincts': The district shall be divided into five (5) voting precincts, as described herein: 1. ,4gnor-Hurt Precinct: Beginning at Seminole Trail (U. S. Route 29) and its intersection with Greenbrier Drive; then northeast along Seminole Trail to its intersection with the South Fork Rivanna River; then meandering west and south along the South Fork Rivanna River to its intersection with Earlysville Road (State Route 743); then south along Earlysville Road to its intersection with Hydraulic Road (State Route 743); then southwest along Hydraulic Road to its intersection with Whitewood Road; then east on Whitewood Road to its intersection with Greenbrier Drive; then east along Greenbrier Drive to its intersection with Seminole Trail, the point of origin. 2. Branchlands Precinct: Beginning at the northern city limits of Charlottesville and its intersection with Rio Road East (State Route 631) and the Southern Railroad right-of-way; then northwest on Rio Road East to its intersection with Seminole Trail (U. S. Route 29); then south on Seminole Trail to the northern city limits of Charlottesville; then east with the city limits to its intersection with the Southern Railroad right-of-way and Rio Road East, the point of origin. 3. Dunlora Precinct: Beginning at Rio Road East (State Route 631) at its intersection with the Southern Railroad right-of way; then northeast along the Southern Railroad right-of-way to its intersection with the South Fork Rivanna River; then meandering southeast along the South Fork Rivanna River to its intersection with the Charlottesville City limits; then following northwest along the Charlottesville City limits to the intersection with Rio Road East and the Southern Railroad right-of-way, the point of origin. 4. Northside Precinct: Beginning at the intersection of Seminole Trail (U. S. Route 29) and the South Fork Rivanna River; then northeast on Seminole Trail to its intersection with the North Fork Rivanna River; then meandering northwest to its intersection with Dickerson Road (State Route 606); then south along Dickerson Road to its intersection with Earlysville Road (State Route 743); then northwest along Earlysville Road to its intersection with Buck Mountain Road (State Route 663); then northwest along Buck Mountain Road (State Route 663) to its intersection with Buck Mountain Road (State Route 664); then northwest along Buck Mountain Road (State Route 664) to its intersection with Buck Mountain Road (State Route 665); then southwest along Buck Mountain Road (State Route 665) to its intersection with Bleak House Road (State Route 662); then south along Bleak House Road to its intersection with Reas Ford Road (State Route 660); then South along Reas Ford Road to its intersection with the South Fork Rivanna River; then meandering eastward to its intersection with Seminole Trail (U.S. Route 29), the point of origin. 5. Woodbrook Precinct: Beginning at the northern city limits of Charlottesville and its intersection with Rio Road East (State Route 631) and the Southern Railroad right-of-way; then northeast with the Southern Railroad right-of-way to its intersection with the South Fork Rivanna River; then meandering northwest with 2 Draft: 04/09/02 the South Fork Rivanna River to its intersection with Seminole Trail (U.S. Route 29); then south on Seminole Trail to its intersection with Rio Road East (State Route 631); then southeast on Rio Road East to its intersection with the Southern Railroad right-of- way and the northern city limits of Charlottesville, the point of origin. C. Polling places: Each voting precinct shall have a polling place at the location identified below: 1. Agnor-Hurt Precinct: Agnor-Hurt Elementary School, 3201 Berkmar Drive. 2. Branchlands Precinct: Senior Center, 674 Hillsdale Drive. 3. Dunlora Precinct: Charlottesville-Albemarle Technical Education Center, 1000 East Rio Road. Northside Precinct: 3~T~-~oi,-,I~ /'~ ...... il-.. Fellowship Buck Mountain Episcopal Church, 4133 Earlysville Road. 5. 147oodbrook Precinct: Woodbrook Elementary School, 100 Woodbrook Drive. (8-19-71, {} 1; 9-5-72; 7-15-81; Code 1988, {} 6-1; 5-15-91; Ord. 95-6(1), 1-11-95; Ord. 98-A(1), 8-5-98, {} 2-100(1), {} 2-101; Ord. 01-2(1), 5-9-01) 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 Mr. Martin Mr. Perkins Mr. Rooker Ms. Thomas Aye Nay Clerk, Board of County Supervisors 3 RESOLUTION TO ESTABLISH PARK ENTRY FEES FOR CHRIS GREENE, MINT SPRINGS, AND WALNUT CREEK PARKS WHEREAS, Section 11-105 of the Albemarle County Code provides that from time to time the Board of Supervisors may establish or change fees for the use of County parks, recreational areas, and swimming facilities; and WHEREAS, public notice has been given and a public hearing held on a proposal to increase the park entry fees for Chris Greene, Mint Springs and Walnut Creek Parks; and WHEREAS, it has been determined that the proposed fees are reasonable and necessary to provide park services; NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby establishes the park entry fees for Chris Greene, Mint Springs, and Walnut Creek Parks effective May 1, 2002, as follows: Daily Entry Fee for an Albemarle County Resident Adult $3.00 Child $2.00 Daily Entry Fee for a Non-Resident of Albemarle County Adult Child Season Adult Child Family Season Adult Child Family $4.50 $3.00 Pass Fee for an Albemarle County Resident $50.00 $30.00 $100.00 plus $20.00 for each additional family member exceeding five family members Pass Fee for a Non-Resident of Albemarle County $75.00 $45.00 $150.00 plus $30.00 for each additional family member exceeding five family members A child fee shall be charged for any child four years of age through twelve years of age, except as otherwise provided; An adult fee shall be charged for any person thirteen years of age or older, except as otherwise provided; No fee shall be charged to a child three years of age or younger; No fee shall be charged to County resident senior citizens sixty-two years of age or older; No fee shall be charged to any person with a Iow income pass based on "ability to pay" as determined by social services; Family shall mean related persons residing in the same household. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by vote of five to zero, as recorded below, at a meeting held on May 1, 2002. Aye Mr. Bowerman Absent Mr. Dottier X Mr. Martin X Mr. Perkins X Mr. Rooker X Ms. Thomas X Nay Clerk, Board of County Supervisors COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: County Park Entry Fee Increase SUBJECT/PROPOSAL/REQUEST: Request the Board to adopt a resolution to establish increase entry fees for County Parks. STAFF CONTACT(S): Mr. Tucker, Ms. White, and Mr. Mullaney AGENDA DATE: May 1,2002 ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: Yes ITEM NUMBER: INFORMATION: INFORMATION: BACKGROUND: The County charges entry fees at Chris Greene, Mint Springs, and Walnut Creek Parks during the summer season while the beaches are open. The current fee structure has been in place since the summer of 1989. Summer swim program operating expenses increase each year while revenues have remained flat with the exception of seasonal fluctuations due to weather. The FY 2001/02-summer swim program-operating budget is $230,000. The revenue average over the past 8 years is $104,000. The Parks and Recreation Department has surveyed swimming pool entry fees for Charlottesville, Harrisonburg, Alexandria, Waynesboro and Crozet Park. In addition the Department surveyed fees associated with lake swimming at Holiday Lake, Bear Creek and Twin Lakes State Parks. The results of the fee survey are attached. Based on the information received, the Parks and Recreation Director is recommending an increase in County resident daily rates from $2.00 to $3.00 for adults and from $1.00 to $2.00 for children. Resident season pass rates are proposed to increase from $35 to $50 for an adult, $20 to $30 for a child, and from $70 to $100 for a family of 5. The charge for additional family members on a season pass would increase from $15 to $20 per person. As has traditionally been the practice, non-resident rates are recommended to be 50% higher than resident rates. It is anticipated that this rate increase will increase swim program revenues approximately $30,000 to $40,000. A comparison of the entire current and proposed fee structure is attached. The County code requires ten days public notice and a public hearing followed by a board resolution to change fees for park entry. The Clerk of the Board has advertised the hearing as required. RECOMMENDATION: Staff recommends that the Board of Supervisors hold the public hearing and then by resolution establish the proposed fees for park admission. 02.045 Fee Study February 2002 Location Swimming Daily Swimming Season Charlottesville Recreation & Pool Swimming Pool Summer Pass Leisure Services Under 18 $100 family resident $.75 resident $150 family non resident $1.75 non resident Adults $3.00 resident $4.50 non resident Seniors $1.50 resident $3.75 non resident Harrisonburg Parks & Recreation Pool Summer Rates Pool Summer Rates Children Individual $1 resident $30 resident $2 non resident $36 non resident Adults Family $1.50 resident $60 resident $2.50 non resident $72 non resident City of Alexandria Parks & Pool Swimming none Recreation Residents Ages 3 under free Ages 17 under $1 Ages 18-59 $2 Ages 60+ $1 Non residents $3 with paying resident Waynesboro Parks & Recreation Pool Swimming Pool Swimming Ages under 15 $1 Individual $40 Ages 16+ $2.50 Family $90 Holiday Lake State Park Lake Swimming none Parking $1-$2 Ages under 3 Free Ages 3-12 $2 Ages 13+ $3 Bear Creek State Park Lake Swimming none *Includes parking Ages under 3 free Ages 3-12 $2 weekday $4 weekend Ages 13+ $3 weekday $5 weekend Twin Lakes State Park Lake Swimming none *Includes parking Ages under 3 Free Ages 3-12 $2 weekday $4 weekend Ages 13+ $3 weekday $5 weekend Crozet Pool Pool Swimming Single $100, after 5/27/02 $150 Ages under 1 Free Family of 4 $250, after 5/27/02 $300 under 12 $2.50 +$25 each additional dependent 18 & 12+ $4 under 60+ $2 Senior Pass $75 Albemarle County Parks & Lake Swimming Ages 4-12 Recreation Ages under 3 Free $20 resident $30 non resident Ages 4-12 $1 resident Ages 13+ $2 non resident $35 resident $50 non resident Ages 13+ $2 resident Family $3 non resident $70 resident $105 non resident Seniors Free Residents Current Fee Proposed Daily Entry County Resident Adult $2.00 Child $1.00 Daily Entry Non Resident Adult $3.00 Child $2.00 Season Pass County Resident Adult $35.00 Child $20.00 Family $70.00 / 5 limit Additional family members $15.00 ea. Season Pass Non County Resident Adult $50.00 Child $30.00 Family $105.00 / 5 limit Additional family members $20.00 ea. Ages 4 to 12 considered Children Ages 3 and under - free entry County resident senior citizens (62 and over) - free entry Disability pass - free entry Low income pass based on "ability to pay" as determined by Social Services $3.00 $2.00 $4.50 $3.00 $50.00 $30.00 $100.00 / 5 limit $20.00 ea. $75.00 $45.00 $150 / 5 limit $30.00 ea. RESOLUTION TO ESTABLISH PARK ENTRY FEES FOR CHRIS GREENE, MINT SPRINGS, AND WALNUT CREEK PARKS WHEREAS, Section 11-105 of'the Albemarle County Code provides that from time to time the Board of' Supervisors may establish or change fees for the use of` County parks, recreational areas, and swimming facilities; and WHEREAS, public notice has been given and a public hearing held on a proposal to increase the park entry fees for Chris Greene, Mint Springs and Walnut Creek Parks; and WHEREAS, it has been determined that the proposed fees are reasonable and necessary to provide park services; NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of` Supervisors hereby establishes the park entry fees for Chris Greene, Mint Springs, and Walnut Creek Parks effective May 1, 2002, as follows; Daily Entry_ Fee for an Albemarle County Resident Adult $3.00 Child $2.00 Daily Entry_ Fee for a Non-Resident of' Albemarle County Adult $4.50 Child $3.00 Season Pass Fee for an Albemarle County Resident Adult $50.00 Child $30.00 Family $100.00 plus $20.00 for each additional family member exceeding five family members Season Pass Fee for a Non-Resident of`Albemarle County Adult $75.00 Child $45.00 Family $150.00 plus $30.00 for each additional family member exceeding five family members A child fee shall be charged for any child four years of` age through twelve years of` age, except as otherwise provided; An adult fee shall be charged for any person thirteen years of` age or older, except as otherwise provided; No fee shall be charged to a child three years of` age or younger; No fee shall be charged to County resident senior citizens sixty-two years of` age or older; No fee shall be charged to any person with a low income pass based on "ability to pay" as determined by social services; Family shall mean related persons residing in the same household. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of__ to __ recorded below, at a meeting held on , as Mr. Bowerman Mr. Dorrier Mr. Martin Mr. Perkins Mr. Rooker Ms. Thomas Aye Nay Clerk, Board of Coumy Supervisors 2 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: CPA 02-01 Neighborhood Model Changes to the Land Use Component of the Comprehensive Plan SUBJECT/PROPOSAL/REQUEST: Request to amend the Land Use Plan element of the Comprehensive Plan by incorporating elements of the Neighborhood Model into the text. STAFF CONTACT(S): Ms. Echols, Mr. Benish AGENDA DATE: May 1,2002 ACTION: Public hearing CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: ITEM NUMBERS: INFORMATION: INFORMATION: BACKGROUND: On April 3, 2002, the Board of Supervisors reviewed the proposed comprehensive plan changes relative to the Neighborhood Model. At that meeting, the Board identified both minor and substantive changes. The Board asked the staff to make the minor changes but decided to discuss the more substantive changes after receiving public comment at a public hearing. DISCUSSION: Pages 2 - 37 of this document (Draft 5 DRAFT 5 Changes from Board of Supervisors Meeting 4/3/02) contain the minor changes requested by the Board of Supervisors. The Board is expected to hold a public hearing on the document; however, no action is expected until a subsequent meeting. RECOMMENDATION: Staff recommends that, at its June day meeting, the Board discuss comments received at the public hearing as well as the suggested changes discussed at the April 3 meeting. DRAFT 5 Changes from Board of Supervisors Meeting 4/3/02 (changes are highlighted in gray) Thio I on~l I Io~ Dion o~r,+ir~n lo i,,o+ r~n~ c,~mr~n~nf ~ m~r~ ~r~oi~ DIo~ ~,,ri~ f~ ~,,rr~f ~r~oi~ DIo~ r~i~ ~r~oo oll ~m~r~h~noi~ Dion ~hi~h o{ill rmmoi~ ~r rm~tim~t o~ o~m{i~i~h~m {~m I on~ I Io~ DI~ ~,,~ ~r~,i~o DI~ D,,~li~ ~1o ~*r~*~i~ DI~% ~,~i~ ~r~,i~ ~r ~*~il~ v~,,,~,~,,~,,~,v~ , ,~,, ~ ,~ ~,,,,,~,,,] ~,, ~,,]~,~, ~,~,,,,,,,~ ~,,~,,,~,,,~ 2 Introduction to the Land Use Component of the Comprehensive Plan The Comprehensive Plan is the County's most important document regarding growth, development and change. It establishes government policy to help guide public and private activities as they relate to land use and resource utilization. It is the basis for land development regulations and decisions (rezonings, special use permits), capital improvements (public projects such as schools, parks, libraries), transportation, environmental and historic resource protection initiatives, new county programs and decisions on the distribution of county budget dollars to a multitude of programs and agencies. State law governing the development of a Comprehensive Plan\v,.,,..,,../("r"4~ ,.,,,'",¢ \/ir,.-~inlo,, ,, ~" ,,'-", Tit-I~, ,,,,.. !5. !, ,A r*~,-~,~,, ,,,,,,.. 7,'4 ,.,,-.,,,,,,,q'~"*~'""', ~'"/'4'4~ (Virflinia Code § 15.2-2223) requires every county, city and town to adopt a comprehensive plan for the physical development of its territory. It also requires that the Comprehensive Plan be reviewed every five years. Regardless of State Code requirements it is important to periodically revisit and update the Plan to ensure that it is consistent with community views and is addressing current issues within the community. The Land Use Plan is a major component of the Comprehensive Plan. The Land Use Plan provides direction for the physical development of the County. It recognizes existing land use arrangements, supporting facilities and physical development limitations. At the same time, the Plan proposes a future land use pattern that may alter the physical character of the County as it exists today. The Land Use Plan component of the Comprehensive Plan was prev4eus~ last updated ..... ~ .... ~ ....~ ~ ~,,~ k~,~ This pdated doc t larqely retai the ..........................~,,~ ~. u omen ns rocommendat~ons of the 1996 Land Use Plan. One rocommendat~on that has been implemented is the Development Areas Initiative. The Development Areas project was initiated to help improve the quality of development in the designated Development Areas as weft as more efficiently use those areas rather than expand the Development Area boundaries. In early 1997, the Albemarle County Board of Supervisors appointed the Development Areas Initiative Steerinq Committee (DISC) The committee worked from 1997 until 2000 to develop a set of recommendations to the Board known as "The Neiqhborhood Model". The Neiqhborhood Model is a guidefine for new development, redevelopment, and master planning of the Development Areas. The Board of Supervisors adopted it on May 16, 2001. The Neiqhborhood Model is Appendix A of this document. Growth Management GOAL: Protect and efficiently utilize County resources by: A. Emphasizing the importance of protecting the elements that define the Rural Area: 1) Agricultural and forestry resources 2) water supply resources 3) natural resources 4) scenic resources 5) historic and cultural resources 6) limited service delivery B. Of these, the protection of agricultural and forestry resources is the highest priority. t~sigaa~Promotinxr the Development Areas ax the place where a variety of land uses, facilities, and services am-ptamqed exist and h~d to support the County' s future growth, with emphasis placed on infill development. Introduction The County's primary growth management goal directs development into designated areas and conserves the balance of the County for rural areas and resource protection. Resource protection is the basic theme behind the County's growth management approach. To this ongoing theme are added new emphases on intelligent use of Development Areas, public facilities and resources. Thus, planning efforts aim to channel growth into designated areas to facilitate economical service delivery in those areas, to promote a sense of neighborhood-style development as the preferred design in those areas, and to conserve the Rural Areas. Planning efforts also focus on means to discourage development in the Rural Areas and support activities consistent with the character of the Rural Areas. This is accomplished through education, incentives, and voluntary and regulatory measures. Agricultural and forestal resources have been identified as the most critical County resources and the desired primary land use in the Rural Area. Such uses play an important and long standing role in the environment, heritage, and economy of the County. Loss of these resources to development is irreversible and irreplaceable. Maintenance of these resources also provides an opportunity to conserve and efficiently use other resources such as: (1) water resources (with use of property conservation techniques); (2) natural, scenic, and historic resources with the maintenance of pasture land, farmland, and forested areas; and, (3) fiscal resources by limiting development and lessening the need to provide public services to wide areas of the County. In the interest of this growth management strategy, residential development is 6 considered a secondary use in the Rural Areas. It is important that this and future Comprehensive Plans make adjustments that can influence development patterns to better meet the growth management goals. Such adjustments can include more active County support of Development Areas development, adjustments to location and/or holding capacity, and additional protective or support measures for the Rural Areas. This plan emphasizes the County's role in providing necessary support services and infrastructure for development, and more efficient use of Development Areas, including more urban and pedestrian oriented development styles. 7 Facilities Planning GOAL: Strongly support and effectively implement the County's growth management priorities in the planning and provision ~ ~t~°~ti n in~strUtu~, public facilities and public utilities. Introduction Residents of the County expect high quality facilities and services. It is recognized that the provision of such facilities and services significantly affects the location, timing, and extent of development. By their very nature, public facilities are capital-intensive, requiring significant funding not only for the initial development of the facility, but also for its continual maintenance and operation. It is becoming increasingly difficult for communities to find adequate fiscal resources to pay for new or improved facilities, as well as maintenance of existing facilities. Therefore, to provide facilities in a fiscally responsible and equitable manner, adequate planning is necessary to ensure that the highest benefit is provided to the citizens in exchange for the cost required to provide the service. The policies, objectives, and strategies presented in this chapter outline an active process to assure this success. The Nature of Public Service Delivery The County's growth management goals are to be supported through the appropriate provision of transportation, public utilities, and public facilities and services to designated Development Areas. The provision of fire, rescue, and police protection, roads, utilities, school bus service, and other governmental activities and functions to a large, dispersed rural population is viewed as inefficient and contrary to the overall public interest in guiding new development to the designated Development Areas. Emphasis is placed on providing a level of public service delivery that will support development in, and direct development to, designated Development Areas. To accomplish this, service and facilities will be provided at a much higher level in the Development Areas than in the Rural Areas. ~his4ov¢~ ~tThose persons living in the Rural Areas should not anticipate levels of ~g~li service delivery equal to those provided in the Development Areas. Capital Improvements Program The Capital Improvement Program (CIP) serves as the major financial planning guide for County expenditures towards capital facilities and equipment over a five-year period. It is primarily based on the physical needs of the County as identified in the Comprehensive Plan. It is one of the primary tools used to implement the Comprehensive Plan. Albemarle County adopted its first CIP on March 5, 1978. The CIP is reviewed annually by the Planning Commission, as authorized by ~ A~A ~C ,~,~ r'~,~ ~C xr;~;,;~ Virginia Code .~ 15.2-2239 and is approved by the Board of Supervisors. The CIP establishes a five-year funding schedule for the purchase, construction or replacement of the physical assets of the community. A capital project typically requires a minimum expenditure of $20,000 and has a useful life of a minimum of ten years. County departments and affiliated agencies initiate their capital project requests, which span the five-year period of the CIP. A CIP Technical Committee reviews all requests. Recommendations are then made by this Committee to the Planning Commission, which subsequently makes its recommendation to the Board of Supervisors for adoption as part qf the Coun~ ' s budget. In conjunction with the CIP process, the CounW develops a comprehensive long-range capital needs assessment that forms the basis for the coun~ 's five:year capital improvement plan. This ten-year needs assessment is updated eve(y other .year as part of the CIP process when departments are asked to submit capital requests spanning a ten:year planning period Land Use Plan 10 Land Use Introduction The Land Use Plan provides direction for physical development in the County. It reflects the "Community Vision Statement" as well as the County's projections for economic, population, and housing demands; It balanceds these projections against growth management goals and emphasizesii~g the preservation and intelligent utilization of limited resources, t~ The Plan recognizes existing land use arrangements, supporting facilities, and physical development limitations. At the same time, the Plan proposes a future land use pattern that may alter the physical character of the County as it exists today. The Land Use Plan recognizes the County's existence in a regional setting and attempts to integrate the County's physical development with that of neighboring jurisdictions. Such integration may be enhanced by future analysis and cooperative regional planning efforts similar to the cooperative planning occurring among Albemarle County, the City of Charlottesville and the University of Virginia. The Land Use Plan is but one element of the Comprehensive Plan, and must be viewed as interrelated and interdependent with other goals and objectives. Proper Comprehensive Plan decisions must be made by reviewing the Land Use Plan in concert with all other Plan elements. The Land Use Plan provides guidance for development that will be harmonious to the natural and man-made environments and consistent with the County's Growth management goals-which are to channel development into designated Development Areas while conserving the balance of the County as rural areas. The Land Use Plan for Designated Development Areas In this section, the Neighborhood Model, a key component in the Land Use Plan, and its' goals' are outlined, a A general description of Development Areas is followed by functional descriptions of the three c!ass:~ficat:~ons .~,pes of Development Areas: the Urban Area, Communities, and Villages. Thereafter, General Principles and standards for physical development in the Development Areas, and specific standards for ....... :~ :-'~"~*~:~ ~-'~ ~:'~-*:~ nonresidential land uses are outlined. Finally, the Development Areas are profiled through narratives and maps that convey both descriptive references and visual impressions of land-use relationships. The Neighborhood Model 12 The Land Use Plan reties heavily on the Neighborhood Model that was appended to the Comprehensive Plan in 2001. The Neighborhood Model supports' a change in the form of urban development from what currently exists'. It recognizes that, ~f the Development Areas are to be the prima~y areas receiving residential growth, densi~ must be increased to at least the low end of the density scale that is recommended on the land use plans for the individual Development Areas. To achieve that densi~, the form of development must change and that form must be more urban and less suburban. Another key element is that master planning process guide growth in the Development Areas. Also included with the Neighborhood Model are descriptions of innovative design tools' for creating more urban tivable neighborhoods'. Master Planning and ordinance revisions require time for writing, adoption, and implementation. As a result, there will be a time lag between the adoption of the Neighborhood Model and its' full implementation. It is intended that the parts' of this Plan which do not require a Master Plan or ordinance revision, including but not timited to the 12 Principles described in later paragraphs, will guide a new form of development for the Coun~ 's designated Development Areas. What the Neighborhood Model Qf. fers The Neighborhood Model seeks' to change the form qf development from a pattern qf sprawting, isolated buildings to a more compact and interconnected design The Neighborhood Model: 1. Accommodates walkers, bikers, and pubtic transportation so that mobititv can be a reati~ for the elderly, the .young, and those with timited access to automobiles. 2. Makes open space integral to overall design so that residents' and workers can walk to a pubtic park, experience preserved natural areas, and enjo. y public gathering spaces. 3. Keeps buildings and spaces at a human scale so that street views are attractive and pedestrian frie.dl.y. 4. Incorporates varying densities and gradually allows for an overall increase in density in the Development Areas to meet the goals' of the Comprehensive Plan. 5. Contains a mixture of residential and non-residential uses so residents' have convenient access to work, to services, and to entertainment. Requires interconnected streets' within developments' and between developments' so that pedestrians can walk easily to many destinations, trqffic has alternative routes, and car trips are reduced in number and length. 7. Moves qff-street parking out qf sight and encourages on-street parking. 8. Mixes housing ~pes and markets' so that a full range of housing choices is offered within the neighborhood. 13 9. Emphasizes re-use of sites. 10. Adapts' development to site terrain so that natural topograph, y can be preserved 11. Maintains a clear boundary between Development Areas and Rural Areas. 12. Provides ,for neighborhoods' to have a designated center to bring diverse and continuous activi~ to a neighborhood The Neighborhood Model Goals: Goals' for the Neighborhoods are as follows: Centers Neighborhoods within the Development Areas will have centers or ,focal points' ,for congregating. These may include schools, parks, places of worship, civic centers, or small commercial and social areas. Such features will be an easy walk ,for most residents' in the neighborhood · Open Space - Each Development Area will q[fer opportunities,for public andprivate outdoor recreational areas for active and passive recreation. · Network - A network of streets, bikewqys, pedestrian paths, and bus routes will connect new neighborhoods' as well as existing residential areas and nonresidential districts'. · Mixed Uses Neighborhoods' will contain a true mix of uses, including residences, shops, and places of emplo, yment, as well as civic, religious, and cultural institutions. Building Placement and Scale Consideration will be given to massing, height, setbacks, and orientation of buildings so that these characteristics enhance the pubfic realm. In particular, garages will be less dominant at street view than houses. · Alleys Where topography permits, alle. ys will provide rear access to parcels, allowing for and facifitating the provision of garages and utifities to the rear of houses. Relegated Parking Parking for the automobile will not result in an excessive amount qf paved area; parking on the street will be the norm, and parking lots' will ~ provided to the rear and/or sides of buildings. Varie.ty qf Housing Types Each neighborhood will possess a varie.~, o.f housin,g .~,pes accommodating a range of incomes. 4[fordable units' will be dispersed throughout the Neighborhood and will be visually indistinguishable ,from other units'. · Appealing Streetscapes As the fundamental element qfpubfic space within the neighborhood the street will make the neighborhood inviting with street trees and landscaping. Sidewalks' or 14 paths that connect houses to each other and to centers and common areas will be the norm. Walk; will connect sidewalk; to front doors and main entrances. Transportation Options Convenient routes .for pedestrians, bic. ycfists, and buses and other transit including light rail will augment the street network. Pubfic transit stops will be located within each Development Area. Walking to them will be safe and convenient. Waiting for transit will be comfortable and a normal part of activi~ in the Neighborhood Center. General Principle for Land Use in Designated Development Areas: For the County's growth management goals to be achieved, the Development Areas must be attractive places to live and work. The land within the Development Areas must also be used efficiently if designation of these Areas is to realistically help prevent sprawl development. To this end, the Land Use Plan for the Development Areas is designed to concentrate development in the Development Areas, particularly in the locations designated "Urban Areas" or "Communities." Planning for future development in the Development Areas is at densities higher than in the past, with more varied uses. Furthermore, revised plans for the Development Areas emphasize the County's desire for design strategies that are more characteristic of small, well-planned city neighborhoods or towns than of typical low-density suburban areas. Inevitably, some people will experience more significant change than others and will find that nearby land uses may not be the same character as their residential area. However, through careful design of the land use plan and its development standards and recommendations, this situation ,,may -~' r, ......... a., r,~a ~.a ;. c~, can be beneficial for the community. Listed below are the principles that guide development of Development Areas. The Development Areas Land Use Plan, as well as subsequent decisions regarding land use in these areas should be reflective of, and consistent with, these principles: 1. Accommodate new growth in the County within Development Areas. 2. Encourage greater utilization of land in designated Development Areas by achieving higher gross densities for residential and non-residential development than in the past. 3. Encourage infill development of vacant lands and development of under-used areas within the designated Development Areas. Development Areas shall not encroach into water supply watersheds, except for the Crozet Community that shall not be expanded beyond the watershed boundary of the Lickinghole Creek detention basin. 5. Avoid development of "Significant Areas" as designated in the Open Space Plan. 6. Discourage extensive linear style development along major roads. 15 7. All Development Areas shall be served by public sewer and water. 8. Plan for a system of transportation and community facilities and services that support and enhance the Development Areas. 16 A General Description of Development Areas OBJECTIVE: Direct growth into designated Development Areas. A long-standing goal of Albemarle County's comprehensive planning effort has been to direct development into designated Development Areas. With the continuance of County growth management goals, the current Development Area concept remains a critical planning component. The Land Use Plan including the Neighborhood Model presents mechanisms that will provide the best opportunity for the Development Area concept to work. In combination with objectives and strategies presented in the Community Facilities section of this Chapter, this requires establishing in the Land Use Plan a Development Areas concept and design that demonstrates efficient utilization of land and services, while responding to long-term market demands (see Map A). As the Development Areas are intended to capture the wide range of development and land uses necessary in Albemarle County, it should be recognized that complete separation of different uses is not expected. Rather, a balance of efficient land use and appropriate separation and buffering is sought which may result in areas with a variety and mix of uses. Residential uses may end up next to, or near, non-residential uses, with the goal of achieving a harmonious relationship between the two. Functional Description of Development Area OBJECTIVE: Establish functional descriptions of the Urban Area, Communities, and Villages. Three c!ass:,~ficat:,ons Fpes of Development Areas are traditional to the County's comprehensive planning. As a group, they are intended to provide for the variety of land use designations necessary to meet varied local market demands. They are also considered the focal point for the provision of public services and facilities, either at a countywide or more localized level. There are no minimum or maximum population standards for the different types of Development Areas. It is intended that the functional descriptions guide the development scale of the Urban Area, Communities, and Villages. Determination of boundaries for each Development Area is necessary to distinguish a self-contained geographic place and preclude sprawl of development. For the purpose of accommodating future growth, boundaries do not necessarily reflect entire existing social communities, but instead attempt to delineate areas with some sense of place that contain significant areas of developable land contiguous to existing developed areas. Boundaries are based on resource protection priorities, primarily water supply watershed areas, and the opportunity for the geographic area to be adequately supported by public services and facilities. To the greatest extent possible, boundaries are defined by natural and man-made physical features. Because Development Area boundaries do not follow property boundaries, development proposals may extend outside of Development Areas. For those parcels extending from Development Areas 17 into the Rural Areas, development of the Rural Area portion should not exceed Rural Area densities. The functions of the three types of Development Area are hierarchical, as the following descriptions indicate: Urban Area (Neighborhoods 1 - 7) Albemarle County's Urban Area, together with the City of Charlottesville, serves as a regional urban center. It is intended to provide for a full variety and range of land uses and densities, both residential and non-residential. It is intended to be more urban, or "city like," in character and less suburban. It is to be supported by a full range of public utilities, facilities, services and amenities. The Urban Area is comprised of: full array of residential types and densities, vhd',qhempper ....... c ....... a a~,~;,; .... ,;~;~,~a with an urban character of development. All service levels of retail, professional business, and industrial activities (See service-level descriptions in the Land Use Designations" section below). 3. Regional employment centers. 4. Regional water and sewer services. 5. Extensive urban and regional public facilities and services. 6. Access from. inter-county and major intra-county roadways and transportation services. 7. Geographically defined neighborhoods that: Contain well-defined residential areas, which are well integrated with non-residential areas and may include any of the land use designations defined in the "Land Use Designations" section: open space, transitional, neighborhood service, community service, regional service, office/regional service, or industrial service; e su orte .................................. tran ortation s. ystems that include interconnected streets, and pedestrian paths, and bicycle circulation systems, and mass transit. 18 Communities Communities are smaller urban centers that are geographically removed from the Urban Area. Like the Urban Area, they provide for a full variety and range of land uses and densities, both residential and non-residential. They are intended to be more urban, or "town like" in character. Communities are to be supported by a full range of public utilities, facilities, services, and amenities. Communities consist of: 1. Urban centers geographically removed from the Urban Area. Full range of residential g and densities and the full range of non-residential uses described in the Land Use Designations section. 3. Community core of mixed service and residential use, including community and/or regional services. 4. Regional employment centers. 5. Well-defined residential areas. 6. Major intra-County roadways linked to the Urban Area. Residential areas supported by ~ and integrated and interconnected s. ystem of streets; pedestrian and bicycle circulation systems; neighborhood commercial, professional, business, and public service uses; and public water and sewer. 8. Public facilities supporting the Communities and surrounding County areas. Villages Villages provide for a specialized opportunity to accommodate growth. It is anticipated that future Villages will more likely be established based on public requests rather than County initiative. Therefore, more detailed design guidelines for future Village designation are provided. Review of future requests for Village designations should be based on these guidelines as well as other applicable goals, objectives, strategies, standards and recommendations of the Comprehensive Plan. Village Development/Design Guidelines Villages are places that combine the feeling of "country living" with the amenities of a Development 19 Villages consist of: A variety of housing types including single-family, two-family and townhouse units, with a gross density not to exceed 6 dwellings per acre. A village center of mixed service and residential uses. Such uses shall be limited to neighborhood scale services, including convenience shopping, other general retail and service uses, medical and professional offices, and accessory apartments and attached housing. Public sewer and water systems. This reflects a concern that, without public utilities, it is not possible to achieve village density or land use patterns which, in turn, serve to protect farmland and rural open space. It also reflects concern for protecting the environment, and for the economical and reliable provision of sewer and water services. 4. Public facilities which support the Village and the immediate surrounding Rural Area. A linkage to the Urban Area and City of Charlottesville by roads with adequate capacity (traffic-carrying ability, safety considerations, physical condition) in order to move residents conveniently between the Village and the urban core. This guideline reflects a concern for using, but not overloading, the County s main roads (arterial and major collector), and a concern that minor roads (minor collector and local) not become subjected to traffic loads which they cannot tolerate, or which alters their character over time. This also reflects a concept of a Village as including some local services, but not major community or regional services, which are better, provided in the Urban Area. 6. Designated Village Development Areas that are located at places where historically a settlement has existed. The proposed design 20 should be a logical and harmonious outgrowth of what currently remains of that settlement. Most often, such locations will be at a crossroads, which provides a central focus for village activities. A proposal for an entirely new village location should Pg~ve that it maintains this principle of a central village area at the logical confluence of streets and movement patterns. Development around a focal point, such as a public building, main street, park, greenway, or other open space or common area. Preferably, this focal point would incorporate an existing natural or cultural amenity. Within a proposed Village, development shall emulate historic regional patterns of village density and design, such that the feel of a traditional village is created. Elements, which can contribute to such a quality, could include: · A rectilinear or interconnecting street pattern without cul- de-sacs; · Connections to existing streets; · Compact lots; · Shallow front/sideyard setbacks; · A village center of mixed uses and public facilities and spaces; · Walkways and paths which encourage pedestrians to be the dominant mode of travel within the village center; and · Preservation and reuse of existing structures. A "green frame" of/and surrounding the Pi//age included as apart of the Development Area. This green frame is to ensure that a Pillage remains apart of, but does not encroach upon, its surrounding rural area. The green frame provides a permanent "hard edge," to confine the Pillage densi~. To provide a transition into the adjacent Rural Area, a "green frame" of land surrounding the Pillage should be included as apart Cf the Development Area. This would limit the size of the Pillage to the area planned and would reassure current residents that any disadvantages ef added village densi~ would be e£fset by capping village growth, and providing for the permanent green ring around the Pillage. Ideally, the only land uses in the green frame would be agriculture, forest(y, and open space activities ~pical ef the Rural Area. Landowners in the green frame area might include people who farm, but prefer the Pillage setting as a place to live due to the proximi~ el food and fuel establishments, mail services, church, etc. A unified Village plan developed in accordance with the requirements for a planned development. In particular, the impact of the plan on existing development should be emphasized. It is expected that consideration will be given to the needs and wishes 21 of those already living and owning property in the area. 22 Infill Development Policy OBJECTIVE: r~ .... ~ .... ~ ,~,,~,,,,,"~' ~,g, ~,~,~,,,T c,~. ~ r~ .... *-T Facilitate infill development, including redevelopment of existing structures or new development of vacant and under-utilized areas, within existing Development Areas. For the purposes of this Plan, infill development is defined as the establishment of new land uses, either residential or non-residential, on undeveloped or under-developed sites within the designated Development Areas. Infill development is considered one of the key initiatives for implementing the growth management policy and is encouraged for the following reasons: · To use Development Area lands in the most efficient manner possible. · To discourage sprawl development. · To maximize the use/support of community services and facilities (roads, utilities, transit, other services). In the Development Areas, undeveloped areas consist of both small tracts of land (5 acres or less) and large tracts (over 100 acres). The reasons why these areas haves not developed to date vary, but the primary reasons which can be cited are: The property owners desire to retain existing use and/or are unwilling to sell for development at this time. · Physical characteristics such as topography (slopes, soils, streams), size/shape of property make development more difficult as well as incompatible existing adjacent uses. · Condition of existing roads, utilities or possibly other community services are not able to accommodate anticipated scales of development. · Proposed public projects on, or near, vacant areas often affect planning and development potential of an area. Also, the cost to develop infill lots is often relatively high compared to other sites. This is due to the fact that these areas are often surrounded by developed or zoned properties which tend to escalate the speculative value of the property. The potential for public/neighborhood opposition to new development proposals adjacent to existing developed areas can also limit developer interest, particularly for smaller sites. Consideration ofpermittinxr more intensive uses or densities on some properties may be necessary to offset development costs including measures necessary to minimize 23 impacts of development. A commitment of the County to support infill development proposals consistent with the Comprehensive Plan is essential in facilitating infill development. ^ ...... ~'~"~: .... *~* .... The Master Planning effort.for each Development Area will help tofor implementiag infill development and will address impediments limiting the opportunity or attractiveness of sites for development. It will also encourage market forces to operate in a manner that makes these areas attractive for development. Strategies for Infill Development STRATEGY: Plan/provide for necessary infrastructure improvements that are currently impediments to development of vacant sites. RECOMMENDATIONS: · Schedule public improvements needed to support/encourage infill development within undeveloped portions of the Development Areas; · Develop plans for proposed public projects in a timely fashion so that they may be incorporated into new developments, as necessary. STRATEGY: Provide for greater flexibility in type of use and density of development. RECOMMENDATIONS: · Provide for greater flexibility in gross development densities within the Land Use Plan residential categories, with a focus on increasing gross densities. · Consider rezoning vacant properties designated for residential use to reflect the recommended densities of the Land Use Plan. · Support innovative development and design concepts, particularly those that maximize gross density of development. STRATEGY: Consider greater flexibility in development regulations which may limit development opportunities (without compromising issues of general health or safety). RECOMMENDATIONS: 24 Evaluate and amend zoning and subdivision regulations in a manner that results in opportunities for increased development densities (including, but not limited to: critical slope regulations and open space requirements; reduction of area requirements for planned developments; density bonus provisions; commercial parking requirements, subdivision street and lot access requirements; possible impediments to "alternative" development designs). · Utilize the Open Space Plan Development Area Composite Maps as a guide for waiver requests from the critical slopes regulations. Land Use Standards for Designated Development Areas Land Use standards provide guidelines for development which are consistent with the Growth Management goals and are in keeping with the man-made and natural environment. These standards provide the basic framework for the review of development proposals for the Development Areas, in conjunction with other applicable ordinances and regulations. General Land Use Standards Standards that apply to all types of development in the Development Areas are provided as "General Land Use Standards." These standards include the twelve principles of the Neighborhood Model. More specific standards for,~,~...,~l,~l,.,;~ .~,~,.o,;-,4"~;~,., non-residential and residential land uses are provided to address the different locational and surrounding character aspects of those categories. General Land Use Standards for Designated Development Areas Pedestrian Orientation - A pedestrian orientation shouM be reflected throughout the Development Areas. Sidewalk; and pedestrian paths shouM be provided in new development,', redevelopment project; and in Coun~ project; funded through the Capital Imp P 25 Neiehborhood-Friendlv Streets and Paths -- between subdivisions. Streets shouM be recognized for their function within neighborhoods rather than merely transportation routes for cars. Curb and gutter, sidewalks and street-trees help to give streets a more human scale. Interconnected Streets and Transportation Networks - fc__o_p_t__a_(n__s___3_,___4_,___q_n_d____5_]Connections between developments with an appropriately scaled transportation network, should be provided to maximize a sense of community and provide additional transportation links. ...... · ~ o~ .... ~ .... ~ ~,~ ..... r,u~ ,-~:~:,:~o T~e Emphasis is placed on linkage between developments and just not within each development.~Snha'fize+The impact of developments shouM be minimized on major roads to the greatest extent feasible by limiting access points to major roads arterials such as Route 29, b.y providing side street access, service roads, and/or joint accesses. ~ Ultimate future transportation improvements and new road locations shouM take place through the reservation of adequate right-of-way and by designing and constructing utilities in a manner consistent with planned transportation improvements. While interconnected street systems will be the primacy form of interconnection, other T ......,-~*;~, ; ..........*~ ~..~ ;,~..~ ~U modes of travel shouM be incorporated into the transportation system., including (auto, r,..ouoo, r,:~,,~2 .... ,~,~,~ pedestrian)bikewa, ys, pedestrian paths and mass transit. Parks, Recreational Amenities, and Open Space Parks and recreational amenities shouM become centralized features in the Development Areas and in individual developments. Important environmental features, such as floodplains, critical slopes, and forested areas shown on the Coun~ 's Open Space Plan, shouM be protected and preserved as open space. Development should be concentrated and clustered around these features to the maximum extent possible and provide vistas for public enjqyment to areas acting as buffers between subdivisions shouM be maintained. Neighborhood Centers - A neighborhood center provides a .focal point .for residents and pedestrians. Centers ma.y be emplo, yment hubs, areas of mixed uses, parks, places of worship, or other activity areas. Centers should be recognized and enhanced within neighborhoods. New centers should be built with pedestrian access in mind. Buildings and Spaces o. f Human Scale New and redeveloped buildings shouM be sited and arranged to emphasize a positive relationship between pedestrians and buildings and to provide appropriate spatial enclosure. As a rule, building orientation shouM be to public 26 streets and to private streets when the private street is in located in front qf the building. Yards shouM be shallow in order to allow for good spatial enclosure. Massing and scale should be appropriate to the area in which buildings are proposed. Attention should be paid architectural~ ,~,,o~,'~-~ l". to Relegated Parking - Parking shouM be located to the side and rear qf structures. It shouM never be the dominant feature seen from the public road.. New development or major redevelopment design plans should include features to prevent impact from impervious surfaces on water quality. Parking areas, roads, and other impervious areas should meet only the reasonable needs of the proposed use and possible future uses. Avoid parking areas which exceed that which is necessary for the anticipated development. E l~ge e~iI ~I~P~ntg n~rking ~atm~i~ n~de~ ~nl ~ P~E ~av~ ~ ~h~ ~ ~s ~ehable ~ design 8 Mixture qf Uses -- Where appropriate, residences can exist side-by-side or within close proximi .~, to shops and places of employment, as well as civic, religious, and cultural institutions.. Mixture o.f Housing Types and A.[fordabili.~ The Development Areas shouM reflect a varie.~, of housing .~, pes and costs. Unless a mixture of housing .~, pes can be found in close proximity to an infill site, new development proposals shouM offer a varie.~, of housing .~, pes for d~fferent income levels. The Development Areas are recognized as the most appropriate places in the Coun.~, for qffordable housing. Provision of services to the Development Areas as well as a more compact area for development increases opportunities for use of transit. The Development Areas also offer opportunities for housing to be in close proximity to jobs, shopping, parks, and public schools. 4ffordable housing shouM not be built in "enclaves: rather, it shouM be incorporated into new housing developments and units shouM have a similar exterior appearance to other units in the neighborhood. 10. __ Redevelopment The County and developers ahke shouM concentrate on redeveloping existing sites where the capaci.~, qf development has not been met. Adding second stories to buildings and mixing residential uses with commercial uses make for better urban/rural relationships and can reduce pressure to expand the Development Area boundaries. Adaptive re-use of historic buildings to uses which preserve the building's architecture and site character should be encouraged as a method of historic preservation. 11. __ Site Plannin~ that Respects Terrain - New development and redevelopment shouM reflect sensitivi.~, to existing grades to the greatest extent possible and promote architectural design that fits into grades. Emphasis should be placed on preserving areas of environmental sensitivity shown on the Open Space Plan. Where extensive grading is necessa(y, site grading should result in slopes that are attractive, functional, eas. y to maintain, and which promote 27 interconnectivi~ qf parcels. 1Z Clear Boundaries with the Rural Areas -Distinctive boundaries shouM be made between the Development Areas and the Rural Areas. In most cases, development shouM abut the rural boundary rather than transition down to it. 13o Fiscal Impact Analyses - The County shouM Ensure continue to evaluateion of future land use changes under the fiscal impact model prior to rezoning approvals. Appropriate planning/phasing of development to match service/infrastructure availability and capacity should be established. Specific Standards for Residential, Commercial, and Industrial Land Uses Residential Land Use Standards In addition to the general standards noted above, residential standards are presented here as a basic framework to guide future residential development proposals. It should be recognized that substantial changes in the economy, housing market, and housing industry may warrant flexibility in the application of these standards. These standards are intended to encourage the provision of various housing types and provide for affordable housing. It is intended that all dwelling types and forms of ownership be permitted within the County. Residential Densities and Relationships to Other Land Uses It is intended that where possible, and practical due to terrain, availability of public utilities and adequate public infrastructure and consistency with the Neighborhood Model, that overall development density, be at as high a level as practical. The use of bonus provisions to increase density and provide for affordable housing should be encouraged. Where demonstrated, by economic or other considerations, that density in excess of that recommended by the Plan is warranted to accommodate an affordable housing proposal, a reasonable density increase should be provided. In rezoning deliberations, the County should be mindful of the intent to encourage infill development, contain most future growth within designated Development Areas, and avoid rural development pressure. Unless contrary to matters of public health and safety, residential rezoning to the upper end of the Comprehensive Plan recommended land use density-ranges (i.e. Neighborhood or Urban scale) should be favored even if the density exceeds that of surrounding developments. Maintenance of the integrity of residential areas can be accomplished with standards for the relationship of residential use to adjacent non-residential uses. Buffering, 28 screening and physical separation of non-residential uses can alleviate such relational problems. The current provisions of the Zoning Ordinance addressing the screening of objectionable ~ts~f dissimilar uses provide for appropriate protection. These lati~ns should be retained. In addition to these regulatory requirements, care should be taken in residential design to provide for buffering, orientation, and other measures to avoid conflicts with surrounding uses. Identification of appropriate land use relationships is important in applying land use designations as well as in considering development proposals. Commercial Land Use Standards In addition to the general standards noted above, the following standards are recommended to guide commercial development. These standards apply to commercial, commercial-office and service type uses. Commercial zoning districts should be permitted only in designated Villages, Communities and the Urban Area. Only limited supporting commercial uses appropriate to the Rural Areas should be included in the Rural Areas zoning provisions. 29 Mixed commercial and residential areas as well as mixed uses within buildings should be encouraged as land and energy-efficient developments, along with infill of existing commercial areas. Commercial uses should locate in areas where public utilities and facilities are adequate to support such uses. Upgrading and extension of roads, water, sewer, electrical, telephone, natural gas systems, and community facilities should be considered in review of a commercial rezoning request. Industrial Land Use Standards In addition to the general standards, the following standards are recommended to guide industrial development. These standards apply to light and heavy industrial uses, warehousing, "flex" type uses, and research/development/technology centers having characteristics more in keeping with industrial type uses. Industrial zoning districts should be permitted only in designated Communities and the Urban area. While single-use industrial sites must be accommodated, rezonings which propose multiple sites served by common access points should be encouraged. To encourage multiple-site development, areas designated for industrial development should not be less than five acres and should be of reasonable topography to allow ~ Objectionable aspects are factors which could reasonably be anticipated to disrupt a residential atmosphere including such factors as extensive hours of operation (i.e. delivery traffic), and factors which may trespass into residential areas to an objectionable level such as lighting, noise, smoke, and odors. 30 unified access. other senskNe areas. Mixtures of residential, commercial, and industrial uses ma.y be appropriate where ectionable aspects of ........................ can be addressed through a combination of realistic performance standards, buffering, and special setback regulations. This approach should be flexible so as to accomplish the objective without creating burdensome and arbitrary regulations. Methods to mitigate objectionable aspects should be addressed at the time of rezoning. Industrial traffic should avoid residential areas and roadways not designed for such traffic. Industrial uses should locate in areas where public utilities and facilities are adequate to support such uses. Upgrading and extension of roads, water, sewer, electrical, telephone, and natural gas systems should be considered in review of an industrial rezoning request. Rezoning to industrial designations for sites of 20 acres or more should be accomplished under a planned approach accompanied by a traffic analysis. Land Use Designations Residential Land Use OBJECTIVE: Establish flexible residential land use densities for the designated Development Areas. The success of Development Area Initiative -MI! depends greatly on the provision of residential land use areas that are developable, locationally desirable, and responsive to changing market demands. Two density categories are provided in the Development Area, each with a range of acceptable density. Flexibility in residential density ranges leaves some discretion to the market in proposing development characteristics (such as housing type and arrangements), but relies heavily on County standards to evaluate the suitability and acceptability of the proposal. A mixture of housing ~pes is in each catego(y provides for diversi~ of income levels within neighborhoods. 14/bile residential uses are the dominant land use in these designations, supporting institutional and commercial services are allowed. STRATEGY: Establish maximum gross development density of each residential category, but determine density of development up to maximum based on specific standards. Two ranges of residential development densities applicable in the Development Areas stipulated below are as follows: DESIGNATIONS: 31 Neighborhood Density Residential · Neighborhood Density Residential areas are intended to have a gross density of between 3 to 6 dwellings per acre. · Neighborhood Density Residential may be located within the Urban Area, Communities and Villages. Neighborhood Density Residential areas are intended to accommodate all dwelling unit types as well as institutional uses such as places qf worship, public and private schools, and early childhood education centers including day care centers and preschools'. It is anticipated that Neighborhood Density Residential areas will accommodate small areas of non-residential land uses on the scale of Neighborhood Service, as defined later in this chapter, to serve residential uses. Any new development within an existing subdivision shall be in keeping with the character and density of the existing development. New developments adjacent to existing subdivisions or developments' shall be developed at higher densities and a form in keeping with the Neighborhood Model to support infill development efforts. Urban Density Residential Urban Density Residential areas are intended to have a gross density of between 6.01 to 20 dwellings per acre, with possible densities of up to 34 dwellings per acre under a planned development approach rrm r~/m rr~ * Urban Density Residential areas may be located within the Urban Area, Communities, and Villages Urban Density Residential areas are intended to accommodate res~denfia! uses other · ~, ~;,~ c~;~,, A~,~A dwe!!in elling ~pes as well as institutional uses .......... ~ ......... 2 ......... gs all dw such as places qf worship, public and private schools, and earl~ childhood education centers including dqg care centers and preschools. · Urban Density Residential designations are not intended for development at densities below 6 dwellings per acre. Developments within an Urban Density Residential areas are expected to occur within the designated range of 6.01 to 34 dwelling units per acre and, to the greatest extent practicable, to maximize the developed density with a form in keeping with the Neighborhood Model. 32 Development densities within the Urban Density Residential area should ultimately be based on environmental criteria, road function and condition, available utilities, adjacent land uses, and site requirements. It is anticipated that Urban Density Residential areas will accommodate areas of non- residential land uses on the scale of Neighborhood Service and Qffice Service as dqfined later in this chapter. Maintain statements in the Zoning Ordinance that site development within Urban Density residential areas be based on standards in both the Comprehensive Plan and Zoning Ordinance. Transitional Transitional areas are intended to be used primarily between residential areas and commercial or industrial areas, or in areas where flexibility of land uses may be necessary or appropriate to blend changing circumstances (e.g., where long-term public improvements are anticipated, or areas where redevelopment/re-use is encouraged). Transitional areas provide an opportunity to develop mixed use areas with Urban Density Residential uses and non-residential land uses on the scale of Neighborhood Service and Office Service, as defined in the next section of this chapter. · Uses include neighborhood-scale commercial areas, office buildings, townhouses and apartment buildings. Areas should be developed under an overall plan for the designated area to ensure coordination of uses, access and circulation, landscaping, and maintenance of natural/environmentally sensitive areas. Transitional designation requires a small to medium size site (1-30 acres), collector road accessibility, water and sewer availability, and compatibility with adjacent land uses. Non Res denfia! Other Land Use Designations OBJECTIVE: Establish a mix of commercial, industrial, residential ..... open space, and public land uses in designated Development Areas to support County needs. The County's Neighborhood Model calls' for a mix of residential with non-residential uses where such uses can be made compatible. To that end the Other Land Use Designations catego(y of 33 uses provides ,for commercial uses, industrial uses, and qffice uses that support the Economic Development polic, y of the County and allows for residents to live, work, and shop in close proximity. The Coun~ 's Economic Development policy indicates the desirability of a wide range of business and employment opportunities. The availability of jobs and services for the County's future population requires sufficient land to locate such activities. The County's growth management approach requires that such land be located in Development Areas. Commercial and industrial designations are confined to designated Development Areas. It was established that more than sufficient designated acreage exists to meet commercial and industrial land use needs for the next twenty years. The actual use of this land will be dependent on its developability, availability, and locational desirability. To assure that development of these areas adequately address environmental, infrastructure, and land use considerations necessitates appropriate County standards and guidelines identified in this Plan. STRATEGY: Establish ~ land use designations for Development Areas that provide for a variety of scales of commercial, industrial, and service uses that may be developed with associated residential uses ....... v ........... DESIGNATIONS: Neighborhood Service Uses allowed in this designation include neighborhood-scale commercial; specialty shops; professional and office uses providing retail, wholesale, and/or business within a Viii g U b N ighb h d C ity Village T~; .... 1~ ~C ....... ;~1 ;~ a e, r an e or oo , e~ ommun , or ..... o o,~,,,, ,~, ,~,~ ...... ,,~,~,, ~o Areas designated as Neighborhood Service a~;,,~,; ....... ; ....... 11 ~1~-~ ~1~ .~.picall.? comprise (1-5 acres), collector road accessibility, water and sewer availability, and compatibility with adjacent land uses. Areas designated as Neighborhood Service shouM have a specific relationship to nearb, y and surrounding residential uses and be connected to those uses through a s. ystem of sidewalks or pedestrian paths. · A mixture qf Uurban density residential uses and Neighborhood Service uses are allowed is encouraged within this designation. - 'Larger areas may be designated as Neighborhood Service ~f a mixture o fuses includes residential units relating to the commercial area. In these mixed use areas, green space (vegetated areas) should occupy at least 20°.4 of the area. Amenities such as~ 34 should occupy at least 20% of the area. ~ g ~grc~ ar~ ~ ~u~la~ive w~re am~ti~ in ~getated ar~as ) Community Service Uses allowed in this designation include community-scale commercial, professional, and office uses providing retail, wholesale, business, medical offices, small office buildings, mixed-use core communities and/or employment services to the Development Areas IT~I~ ]XT~;~I~I~I~,4 t~...... ;i-;~ and larger geographic sections of the County. Areas designated as Community Service,~,~o~,,,,,~,~:~-~*: ....... ·,~,~··:-~,~o .~.picall. y encompass a medium site size (5 to 30 acres), collector road accessibility, water and sewer availability, and compatibility with adjacent land uses. · A mixture qf Urban Density Residential uses and communi~ service uses ip d ithi thi dig ti is antic ate w n s es na on.,,o~ Larger areas may be designated as Community Service ~f a mixture qf uses includes residential units relating to the commercial area. The proportion of residential square footage to non-residential square footage mqy be as high as 50%. In these mixed use areas, green space should occupy at least 20% of the area. Amenities such as parks, paved plazas, indoor or outdoor gathering areas, lakes, pedestrian paths, and the like should occupy at least 20% of the area. ~g~ g~rc~g g ar~ ~ g~glative ~h~re am~gTti~g in ~getate~ ar~as ~ Regional Service Uses allowed within this designation include regional-scale commercial, regional malls, medical centers, mixed-use developments, professional, interstate interchange developments and corporate office uses providing retail, wholesale, business, and/or employment services to Albemarle County and the region. Areas designated as Regional Service,~,~o·~··,,,,~,~:--~*: ..... ·,~,~u,:"~o,~o .~.picall. y encompass a large site (+ 30 acres), arterial road accessibility, water and sewer availability, and compatibility with adjacent land uses. Both vehicular and pedestrian interconnections are expected to nearby residential areas. · A mixture qf Urban Density Residential uses and communi~ service uses ip d ithi thi dig ti is antic ate w n s es na on.,,o~o Larger areas may be designated as Regional Service ~f a mixture qf uses includes residential units relating to the commercial area. The proportion of residential square footage to non-residential square footage shouM be at least 25 %. In these mixed use areas, green space shouM occupy at least 15% of the area. Amenities such as parks, 35 paved plazas, indoor or outdoor gathering areas, lakes, pedestrian paths, and the tike should occupy at least 10% of the area. ~g~ ~rc~ g ar~ g~ ~u~gla~ive wg~re amOUnting in ~etated ar~as ~ Office Service Uses allowed within this designation include office parks and mixed-use planned development emphasizing office uses, residential uses, and regional-scale research and office uses providing information and professional services to the County and the larger region. Limited production activities and marketing of products may be included. · tafigh Urban density residential, commercial and motel/hotel/conference facilities may ....................... ~ .... are appropriate in this land use des ation. · Office Service designation requires a large site size (+ 20 acres), arterial road accessibility, water and sewer availability, and compatibility with adjacent land uses. The proportion of residential square.footage to non-residential square.footage ma.y be as high as 50%. In these mixed use areas, green space shouM occupy at least 20% of the area. Amenities such as parks, paved plazas, indoor or outdoor gathering areas, lakes, pedestrian paths, and the like shouM occupy at least 10% of the area. ~gse ~rc~ ar~ ~ ~lative wh~re ~ti~ ar~ ~ tared as.~ Office/Regional Service Uses allowed within this designation include large, mixed-use developments typically located on contiguous parcels under common ownership. Such areas provide large- scale employment centers and major retail/commercial services and housing opportunities. All primary and secondary office and regional service uses may be found in such areas. Regional Service uses are not to exceed 15 percent of the total gross floor area in Office Service uses. Areas must be developed under one consolidated application plan providing for an integration of all uses and establishing location of all uses, access and circulation, landscaping, and maintenance of natural areas and environmentally sensitive areas. Office/Regional designation requires a large site size (+ 200 acres), major collector or arterial road accessibility, water and sewer availability, and compatibility with adjacent uses. The proportion of residential square .footage to non-residential square .footage shouM be at least 20%. In these mixed use areas, green space shouM occupy at least 15% of the area. Amenities such as parks, paved plazas, indoor or outdoor gathering areas, lakes, pedestrian paths, and the like shouM occupy at least 10% of the area. ~se ~grc ~ s arg ~ u~glat~ve hgre ~ ~t~gs arg ~ vegetate~ as.~ 36 Industrial Service · Uses allowed within this designation include warehousing., light industry, research, heavy industrial uses, as well as uses allowed under Office Service. · Commercial uses are allowed in this designation as a secondary use. · Residential uses mqy be appropriate in the Industrial Service designation ~fsuch uses are compatible with the nearby and adjacent Industrial Service uses. Care should be taken to insure that the impacts' qf the Industrial Service uses, including trqffic, noise, odors, and vibrations will not qffect residential uses. 14/here residential uses are provided, both vehicular and pedestrian interconnections are expected to nearb, y industrial areas. Industrial Service designation requires appropriate site size (+ 5 acres), arterial road accessibility, water and/or sewer availability, compatibility with adjacent uses. Rail access may be necessary. Areas for less-intensive industrial uses may act as transitional areas between commercial and industrial areas. Uses in these areas may not require major infrastructure provisions. A zoning district to distinguish between general industrial and transitional industrial may be appropriate as an amendment to the zoning ordinance. Institutional Uses allowed within this designation include P/zublic and private schools, places qf worship, universities and colleges, and ancillary facilities such as the University of Virginia's Birdwood golf course and polo grounds. Also included are tapublic facilities and utilities, including police, fire and rescue stations, libraries, solid waste facilities, and major public water and sewer facilities. This land use designation also includes Id-undeveloped land reserved or dedicated to future public use. It mqy include a mix of commercial and residential uses, depending on the compatibili.t? with the institutional uses. The scale qf the facifities in the Institutional designation shouM be in keeping with the design characteristics promoted in the Neighborhood Model. Qf particular importance are the principles of pedestrian access, interconnected streets' and transportation systems, and site planning that respects' terrain. Parks and Greenways · Uses allowed within this designation include E,Asfmg public andprivate parks, and existing and proposed greenways along streams. 37 Although iepubhc schools, identified on the Land Use Maps Plan as institutional uses, mqy provide active recreation facilities/parks (ballfields, courts, playgrounds) to the community, they are not to be considered the sole providers qf parks and open space to a neighborhood. · Pedestrian and bicycle access to park; and greenwqys, and especially to park; provided on school grounds, is viewed as essential to their viabili~. Table I summarizes non-residential land use guidelines. Other standards included in both "The Natural Environment" and "The Developed Environment" chapters should be reviewed in conjunction with these guidelines for development proposals. Table I! provides an inventory of developable acres within the designated Development Areas. Developable acreage is considered land void of slopes greater than 25% and 100 year floodplain. The calculations for determining developable areas were based on the identification of significant areas of floodplains and critical slopes. Some acreage identified as developable in the table may contain smaller more isolated areas of critical slopes, 100-year floodplains or other constraints for development such as wetlands and poor soils. 38 RECEIVED AT BOS MEETING ~enda ~-. #: /o~ DRAFT 4 Changes from Planning Commission Meeting of 3/26/02 (changes not noted) Introduction to the Land Use Component of the Comprehensive Plan The Comprehensive Plan is the County's most important document regarding growth, development and change. It establishes government policy to help guide public and private activities as they relate to land use and resource utilization. It is the basis for land development regulations and decisions (rezonings, special use permits), capital improvements (public projects such as schools, parks, libraries), transportation, environmental-and historic resource protection initiatives, new county programs and decisions on the distribution of county budget dollars to a multitude of programs and agencies. State law governing the development of a Comprehensive Plan (Virginia Code § 15,2- 2223) requires every county, city and town to adopt a comprehensive plan for the physical development of its territory. It also requires that the Comprehensive Plan be reviewed every five years. Regardless of State Code requirements it is important to periodically revisit and update the Plan to ensure that it is consistent with community views and is addressing current issues within the community. The Land Use Plan is a major component of the Comprehensive Plan. The Land Use Plan provides direction for the physical development of the County. It recognizes existing land use arrangements, supporting facilities and physical development limitations. At the same time, the Plan proposes a future land use pattern that may alter the physical character of the County as it exists today. The Land Use Plan component of the Comprehensive Plan was laSt updated in 1996. This updated document largely retains the recommendations of the 1996 Land Use Plan. One recommendation that has been implemented is the Development Areas Initiative. The Development Areas project was initiated to help improve the quality of development in the designated Development Areas as well as more efficiently use those areas rather than expand the Development Area boundaries. In early 1997, the Albemarle County Board of Supervisors appointed the Development Areas Initiative Steering Committee (DISC). The committee worked from 1997 until 2000 to develop a set of recommendations to the Board known as "The Neighborhood Model". The Neighborhood Model is a guideline for another alternate style of new development, redevelopment, and master planning efdesi.qned to encoura.qe hi.qh quality, higher density development within the Development Areas. The Board of Supervisors adopted it on May 16, 2001. The Neighborhood Model is Appendix A of this document. vii Growth Management GOAL: Protect and efficiently utilize County resources by: A. Emphasizing the importance of protecting the elements that define the Rural Area: 1) Agricultural and forestry resources 2) water supply resources 3) natural resources 4) scenic resources 5) historic and cultural resources 6) limited service delivery B. Of these, the protection of agricultural and forestry resources is the highest priority. Promoting the Development Areas as the place where a variety of land uses, facilities, and services exist and are planned to support the County's future growth, w/th emphasis placed on infill development. Introduction The County's primary growth management goal directs development into designated areas and conserves the balance of the County for rural areas and resource protection. Resource protection is the basic theme behind the County's growth management approach. To this ongoing theme are added new emphases on intelligent use of Development Areas, public facilities and resources. Thus, planning efforts aim to channel growth into designated areas to facilitate economical service delivery in those areas, to promote, where feasible, a sense of neighborhood-style development as the preferred design in those areas, and to conserve the Rural Areas. Planning efforts also focus on means to discourage development in the Rural Areas and support activities consistent with the character of the Rural Areas. This is accomplished through education, incentives, and voluntary and regulatory measures. Agricultural and forestal resources have been identified as the most critical County resources and the desired primary land use in the Rural Area. Such uses play an important and long standing role in the environment, heritage, and economy of the County. Loss of these resources to development is irreversible and irreplaceable. Maintenance of these resources also provides an opportunity to conserve and efficiently use other resources such as: (1) water resources (with use of property conservation techniques); (2) natural, scenic, and historic resources with the maintenance of pasture land, farmland, and forested areas; and, (3) fiscal resources by limiting development and lessening the need to provide pubhc services to wide areas of the County. In the interest of this growth management strategy, residential development is considered a secondary use in the Rural Areas. It is important that this and future Comprehensive Plans make adjustments that can influence development patterns to better meet the growth management goals. Such adjustments can include more active County support of Development Areas development, adjustments to location and/or holding capacity, and additional protective or support measures for the Rural Areas. This plan emphasizes the County's role in providing necessary new and amended ordinances, regulations, support services and infrastructure for development, and more efficient use of Development Areas, including the encouragement of higher quahtv, higher density and more urban and pedestrian oriented development stSqe~. styles. It must be recognized that the desired increased densities in the Development Areas will also require an increased commitment by the County for pubic infrastructure improvements and the need to periodically review the amount of developable land available to accomphsh the County's Growth Management goals. Facilities Planning GOAL: Strongly support and effectively implement the County's growth management priorities in the planning and provision to transportation, public facilities and public utilities. Introduction Residents of the County expect high quality facilities and services. It is recognized that the provision of such facilities and services significantly affects the location, timing, and extent of development. By their very nature, public facilities are capital-intensive, requiring significant fimding not only for the initial development of the facility, but also for its continual maintenance and operation. It is becoming increasingly difficult for communities to find adequate fiscal resources to pay for new or improved facilities, as well as maintenance of existing facilities. Therefore, to provide facilities in a fiscally responsible and equitable manner, adequate planning is necessary to ensure that the highest benefit is provided to the citizens in exchange for the cost required to provide the service. The policies, objectives, and strategies presented in this chapter outline an active process to assure this success. The Nature of Public Service Delivery The County's growth management goals are to be supported through the appropriate provision of transportation, public utilities, and public facilities and services to designated Development Areas° The provision of fire, rescue, and police protection, roads, utilities, school bus service, and other governmental activities and fimctions to a large, dispersed rural population is viewed as inefficient and contrary to the overall public interest in guiding new development to the designated Development Areas. Emphasis is placed on providing a level of public service delivery that will support development in, and direct development to, designated Development Areas° To accomplish this, serv/ce and facilities will be provided at a much higher level in the Development Areas than in the Rural Areas. Those persons living in the Rural Areas should not anticipate levels of service delivery equal to services provided in the Development Areas. Capital Improvements Program The Capital Improvement Program (CI?) serves as the major financial planning guide for County expenditures towards capital facilities and equipment over a five-year period. It is primarily based on the physical needs of the County as identified in the Comprehensive Plan. It is one of the primary tools used to implement the Comprehensive Plan. Albemarle County adopted its first CIP on March 5, 1978. The CIP is reviewed annually by the Planning Commission, as authorized by Virginia Code § 15.2-2239, and is approved by the Board of Supervisors. The CIP establishes a five-year funding schedule for the purchase, construction or replacement of the physical assets of the community. A capital project typically requires a minimum expenditure of $20,000 and has a useful life of a minimum often years. County departments and affiliated agencies initiate their capital project requests, which span the five-year period of the CIP. A C~ Technical Committee reviews all requests. Recommendations are then made by this Committee to the Planning Commission, which subsequently makes its recommendation to the Board of Supervisors for adoption as part of the County's budget. In conjunction with the CI? process, the County develops a comprehensive long-range capital needs assessment that forms the basis for the county's five-year capital improvement plan. This ten-year needs assessment is updated every other year as part of the C~ process when departments are asked to submit capital requests spanning a ten-year planning period. Land Use Plan PICTURE DELETED Land Use Introduction The Land Use Plan provides direction for physical development in the County. It reflects the "Community Vision Statement" as well as the County's projections for economic, population, and housing demands. It balances these projections against growth management goals and emphasizes the preservation and intelligent utilization of hmited resources. The Plan recognizes existing land use arrangements, supporting facilities, and physical development limitations. At the same time, the Plan proposes a future land use pattern that may alter the physical character of the County as it exists today. The Land Use Plan recognizes the County's existence in a regional setting and attempts to integrate the County's physical development with that of neighboring jurisdictions. Such integration may be enhanced by future analysis and cooperative regional planning efforts sim/lar to the cooperative planning occurring among Albemarle County, the City of Charlottesville and the University of Virginia. The Land Use Plan is but one element of the Comprehensive Plan, and must be viewed as interrelated and interdependent with other goals and objectives. Proper Comprehensive Plan decisions must be made by reviewing the Land Use Plan in concert with all other Plan elements. The Land Use Plan provides gu/dance for development that will be harmonious to the natural and man-made environments and consistent with the County's Growth management goals-which are to channel development into designated Development Areas while conserving the balance of the County as rural areas. The Land Use Plan for Designated Development Areas In this section, the Neighborhood Model (which, for purposes of the Comprehensive Plan, shall also include other higher qualit¥, higher densit~ forms of development), a key component in the Land Use Plan, and its goals are outlined. A general description of Development Areas is followed by functional descriptions of the three types of Development Areas: the Urban Area, Communities, and Villages. Thereafter, General Principles and standards for physical development in the Development Areas, and specific standards for nonresidential land uses are outlined. Finally, the Development Areas are profiled through narratives and maps that convey both descriptive references and visual impressions of land-use relationships. The Neighborhood Model 10 The Land Use Plan relies heavily on the Neighborhood Model that was appended to the Comprehensive Plan in 2001. The Neighborhood Model supports a change in tk, cand is desi~ed to enco'urage, where feasible, a new alternative form of urban development which is different from what currently exists. It recognizes that, if the Development Areas are to be the primary areas receiving residential growth, density must be increased to at least the low end of the density scale that is recommended on the land use plans for the individual Development Areas. To achieve that density, the form of development must change and that form must be more urban and less suburban. Another key element is that amaster planning process may be used to help guide growth in the Development Areas. Also included with the Neighborhood Model are descriptions of innovative design tools for creating more urban livable neighborhoods. Master Planning and ordinance revisions require time for writing, adoption, and implementation. It is important that the ordinance revisions are designed and written to be user friendly and that they contain appropriate incentives to offset the increased costs that will be associated with the desired hi~.er quality, higher densit3~ forms of develo'pment as anticipated by the Neighborhood Model. As a result, there will be a time lag between the adoption of the Neighborhood Model and its full implementation. It is intended that the parts of this Plan which do not require a Master Plan or ordinance revision, including but not limited to the 12 Principles described in later paragraphs, will guide a new fonr~.~new forms of development for the County's designated Development Areas. What the Neighborhood Model Offers The Neighborhood Model seeks to change the form of development from a pattern of sprawling, isolated buildings to a more compact and interconnected design. The Neighborhood Model: 1. Accommodates walkers, bikers, and public transportation so that mobility can be a reality for the elderly, the young, and those with limited access to automobiles. 2. Makes open space integral to overall design so that residents and workers can walk to a public park, experience preserved natural areas, and enjoy public gathering spaces. 3o Keeps buildings and spaces at a human scale so that street views are attractive and pedestrian - friendly. 4. Incorporates varying densities and gradually allows for an overall increase in density in the Development Areas to meet the goals of the Comprehensive Plan. 5. Contains a mixture of residential and non-residential uses so residents have convenient access to work, to services, and to entertainment. Requires interconnected streets within developments and between developments so that pedestrians can walk easily to many destinations, traffic has alternative routes, and car trips are reduced in number and length. 7. Moves off-street parking out of sight and encourages on-street parking. 11 8. Mixes housing types and markets so that a full range of hoUsing choices is offered within the neighborhood. 9. Emphasizes re-use of sites. 10. Adapts development to site terrain so that natural topography can be preserved. 11. Maintains a clear boundary between Development Areas and Rural Areas. 12. Provides for neighborhoods to have a designated center to bring diverse and continuous activity to a neighborhood. The Neighborhood Model Goals: Goals for the Neighborhoods are as follows: Centers - Neighborhoods within the Development Areas will have centers or focal points for congregating. These may include schools, parks, places of worship, civic centers, or small commercial and social areas. Such features will be an easy walk for most residents in the neighborhood, Open Space - Each Development Area will offer opportunities for public and private outdoor recreational areas for active and passive recreation. · Network - A network of streets, bikeways, pedestrian paths, and bus routes will connect new neighborhoods as well as existing residential areas and nonresidential districts° · Mixed Uses - Neighborhoods will contain a tree mix of uses, including residences, shops, and places of employment, as well as civic, religious, and cultural institutions. Building Placement and Scale - Consideration will be given to massing, height, setbacks, and orientation of buildings so that these characteristics enhance the public realm° In particular, garages will be less .dominant at street view than houses. · Alleys - Where topography permits, alleys will provide rear access to parcels, allowing for and facilitating the provision of garages and utilities to the rear of houses. Relegated Parking - Parking for the automobile will not result in an excessive amount of paved area; parking on the street will be the norm, and parking !ets will clots, where feasible, will be provided to the rear and/or sides of buildings. Variety of Housing Types - Each neighborhood will possess a variety of housing types accommodating a range of incomes. Affordable units will be dispersed throughout the Neighborhood and will be visually indistinguishable from other units. 12 Appealing Streetscapes As the fundamental element of public space within the neighborhood, the street will make the neighborhood inviting with street trees and landscaping. Sidewalks or paths that connect houses to each other and to centers and common areas will be the normm Walks will connect sidewalks to front doors and main entrances. Transportation Options - Convenient routes for pedestrians, bicyclists, and buses and other transit including light rail will augment the street network. Public transit stops will be located within each Development Area. Walking to them will be safe and convenient. Waiting for transit will be comfortable and a normal part of activity in the Neighborhood Center. General Principle for Land Use in Designated Development Areas: For the County's growth management goals to be achieved, the Development Areas must be attractive places to live and work. The land within the Development Areas must also be used efficiently if designation of these Areas is to realistically help prevent sprawl development. To this end, the Land Use Plan for the Development Areas is designed to concentrate development in the Development Areas, particularly in the locations designated "Urban Areas" or "Communities." Planning for future development in the Development Areas is at densities higher than in the past, with more varied uses. Furthermore, revised plans for the Development Areas emphasize the County's desire for design strategies that are more characteristic of small, well-plalmed city neighborhoods or towns than of typical low-density suburban areas. Inevitably, some people will experience more significant change than others and will find that nearby land uses may not be the same character as their residential area. However, through careful design of the land use plan and its development standards and recommendations, this situation can be beneficial for the community. Listed below are the principles that guide development of Development Areas. The Development Areas Land Use Plan, as well as subsequent decisions regarding land use in these areas should be reflective of, and consistent with, these principles: 1. Accommodate new growth in the County within Development Areas. 2. Encourage greater utilization of land in designated Development Areas by achieving higher gross densities for residential and non-residential development than in the past. 3. Encourage infill development of vacant lands and development of under-used areas within the designated Development Areas. Development Areas shall not encroach into water supply watersheds, except for the Crozet Community that shall not be expanded beyond the watershed boundary of the Lickinghole Creek detention basin° 5. Avoid development of "Significant Areas" as designated in the Open Space Plan. 13 6. Discourage extensive linear style development along major roads. 7. All Development Areas shall be served by public sewer and water. 8. Plan for a system Of transportation and community facilities and services that support and enhance the Development Areas. 14 A General Description of Development Areas OBJECTIVE: Direct growth into designated Development Areas. A long-standing goal of Albemarle County's comprehensive planning effort has been to direct development into designated Development Areas. With the continuance of County growth management goals, the current Development Area concept remains a critical planning component. The Land Use Plan, including the Neighborhood Model alternative, presents mechanisms that will provide the best oppommity for the Development Area concept to work. In combination with objectives and strategies presented in the Community Facilities section of this Chapter, this requires establishing in the Land Use Plan a Development Areas concept and design that demonstrates efficient utilization of land and services, while responding to long-term market demands (see Map ^). As the Development Areas are intended to capture the wide range of development and land uses necessary in Albemarle County, it should be recognized that complete separation of different uses is not expected. Rather, a balance of efficient land use and appropriate separation and buffering is sought which may result in areas with a variety and mix of uses. Residential uses may end up next to, or near, non-residential uses, with the goal of achieving a harmonious relationship between the tWO. Functional Description of Development Area OBJECTIVE: Establish functional descriptions of the Urban Area, Communities, and Villages. Three types of Development Areas are traditional to the County's comprehensive planning. As a group, they are intended to provide for the variety of land use designations necessary to meet varied local market demands. They are also considered the focal point for the provision of public services and facilities, either at a countywide or more localized level. There are no minimum or maximum population standards for the different types of Development Areas. It is intended that the fimctional descriptions guide the development scale of the Urban Area, Communities, and Villages. Determination of boundaries for each Development Area is necessary to distinguish a self-contained geographic place and preclude sprawl of development. For the purpose of accommodating future growth, boundaries do not necessarily reflect entire existing social communities, but instead attempt to delineate areas with some sense of place that contain significant areas of developable land contiguous to exi sting developed areas. Boundaries are based on resource protection priorities, primarily water supply watershed areas, and the opportunity for the geographic area to be adequately supported by public services and facilities. To the greatest extent possible, boundaries are defined by natural and man-made physical features. 15 Because Development Area boundaries do not follow property boundaries, development proposals may extend outside of Development Areas. For those parcels extending from Development Areas into the Rural Areas, development of the Rural Area portion should not exceed Rural Area densities. The functions of the three types of Development Area are hierarchical, as the following descriptions indicate: Urban Area (Neighborhoods 1 - 7) Albemarle County's Urban Area, together with the City of Charlottesville, serves as a regional urban center. It is intended to provide for a full variety and range of land uses and densities, both residential and non-residential. It is intended to be more urban, or "city like," in character and less suburban. It is to be supported by a full range of public utilities, facilities, services and amenities. The Urban Area is comprised off 1. A full array of residential types and densities with an urban character of development.the upper ranges of proposed densities encouraged. 2. All service levels of retail, professional business, and industrial activities (See service-level descriptions in the Land Use Designations" section below). 3. Regional employment centers. 4. Regional water and sewer services. 5. Extensive urban and regional public facilities and services. 6. Access from. inter-county and major intra-county roadways and transportation services. 7. Geographically defined neighborhoods that: a. Contain well-defined residential areas, which are well integrated with non-residential areas and may include any of the land use designations defined in the "Land Use Designations" section: open space, transitional, neighborhood service, community service, regional service, office/regional service, or industrial service; b. Are supported by transportation systems that include, where feasible, interconnected streets, pedestrian paths, bicycle circulation systems, and mass transit. 16 Communities Communities are smaller urban centers that are geographically removed from the Urban Area. Like the Urban Area, they provide for a full variety and range of land uses and densities, both residential and non-residential. They are intended to be more urban, or "town like" in character. Communities are to be supported by a full range of public utilities, facilities, services, and amenities° Communities consist of.' 1. Urban centers geographically removed from the Urban Area. Full range of residential woestypes and densities and the full range of non-residential uses described in the Land Use Designations section. 3. Community core of mixed service and residential use, including community and/or regional services. 4. Regional employment centers. 5. Well-defined residential areas. 6. Major intra-County roadways linked to the Urban Area. Residential areas supported, where feasible, by an integrated and interconnected system of streets; pedestrian and bicycle circulation systems; neighborhood commercial, professional, business, and public service uses; and public water and sewer. 8. Public facilities supporting the Communities and surrounding County areas. Villages Villages provide for a specialized opportunity to accommodate growth. It is anticipated that future Villages will more likely be established based on public requests rather than County initiative. Therefore, more detailed design guidelines for future Village designation are provided. Review of future requests for Village designations should be based on these guidelines as well as other applicable goals, objectives, strategies, standards and recommendations of the Comprehensive Plan. Village Development/Design Guidelines Villages are places that combine the feeling of "country living" with the amenities of a Development Area. 17 Villages consist of: A variety of housing types including single-family, two-family and townhouse units, with a gross density not to exceed 6 dwellings per acre. o A village center of mixed service and residential uses. Such uses shall be limited to neighborhood scale services, including convenience shopping, other general retail and service uses, medical and professional offices, and accessory apartments and attached housing. Public sewer and water systems. This reflects a concern that, without public utilities, it is not possible to achieve village density or land use patterns which, in turn, serve to protect farmland and rural open space. It also reflects concern for protecting the environment, and for the economical and reliable provision of sewer and water services. o o Public facilities which support the Village and the immediate surrounding Rural Area° A linkage to the Urban Area and City of Charlottesville by roads with adequate capacity (traffic-carrying ability, safety considerations, physical condition) in order to move residents conveniently between the Village and the urban core. This guideline reflects a concern for using, but not overloading, the County s main roads (arterial and major collector), and a concern that minor roads (minor collector and local) not become subjected to traffic loads which they cannot tolerate, or which alters their character over time. This also reflects a concept of a Village as including some local services, but nOt major community or regional services, which are better, provided in the Urban Area. Designated Village Development Areas that are located at places where historically a settlement has existed. The proposed design should be a logical and harmonious outgrowth of what currently remains of that settlement. Most often, such locations will be at a crossroads, which provides a central focus for village activities. A proposal for an entirely new village location should demonstrate that it maintains this principle of a central village area at the logical confluence of streets and movement patterns° Development around a focal point, such as a public building, main street, park, greenway, or other open space or common area° Preferably, this focal point would incorporate an existing 18 natural or cultural amenity. Within a proposed Village, development shall emulate historic regional patterns of village density and design, such that the feel of a traditional village is created. Elements, which can contribute to such a quality, could include: · A rectilinear or interconnecting street pattern without cul- de-sacs; · ConneCtions to existing streets; · Compact lots; · Shallow front/sideyard setbacks; · A village center of mixed uses and public facilities and spaces; · Walkways and paths which encourage pedestrians to be the dominant mode of travel within the village center; and · Preservation and reuse of existing structures. A "green frame" of land surrounding the Village included as a part of the Development Area. This green frame is to ensure that a Village remains a part of, but does not encroach upon, its surrounding rural area. The green frame provides a permanent "hard edge," to confine the Village density. To provide a transition into the adjacent Rural Area, a "green frame" of land surrounding the Village should be included as a part of the Development Area. This would limit the size of the Village to the area planned, and would reassure current residents that any disadvantages of added village density would be offset by capping village growth, and providing for the permanent green ring around the Village. Ideally, the only land uses in the green frame would be agriculture, forestry, and open space activities typical of the Rural Area. Landowners in the green frame area might include people who farm, but prefer the Village setting as a place to live due to the proximity of food and fuel establishments, mail services, church, etc. A unified Village plan developed in accordance with the requirements for a planned development. In particular, the impact of the plan on existing development should be emphasized. It is expected that consideration will be given to the needs and wishes of those already living and owning property in the area. 19 Infill Development Policy OBJECTIVE: Facilitate infill development, including redevelopment of existing structures or new development of vacant and under-utilized areas, within existing Development Areas. For the purposes of this Plan, infill development is defined as the establishment of new land uses, either residential or non-residential, on undeveloped or under-developed sites within the designated Development Areas. Infill development is considered one of the key initiatives for implementing the growth management policy and is encouraged for the following reasons: To use Development Area lands in the most efficient manner possible. · To discourage sprawl development. To maximize the use/support of community services and facilities (roads, utilities, transit, other services). In the Development Areas, undeveloped areas consist of both small tracts of land (5 acres or less) and large tracts (over 100 acres). The reasons why these areas have not developed to date vary, but the primary reasons which can be cited are: The property owners desire to retain existing use and/or are unwilling to sell for development at this time. Physical characteristics such as .topography (slopes, soils, streams), size/shape of property make development more difficult as well as incompatible existing adjacent uses. Condition of existing roads, utilities or possibly other community services are not able to accommodate anticipated scales of development. Proposed public projects on, or near, vacant areas often affect planning and development potential of an area. Also, the cost to develop infill lots is often relatively high compared to other sites. This is due to the fact that these areas are often surrounded by developed or zoned properties which tend to escalate the speculative value of the property. The potential for public/neighborhood opposition to new development proposals adjacent to existing developed areas can also limit developer interest, particularly for smaller sites. Consideration of permitting more intensive uses or densities on some properties may be necessary to offset development costs including measures necessary to 20 minimize impacts of development. A commitment of the County to support infill development proposals consistent with the Comprehensive Plan is essential in facilitating infill development. The Master Planning effort for each Development Area will help to implement infill development and will address impediments limiting the opportunity or attractiveness of sites for development. It will also encourage market forces to operate in a manner that makes these areas attractive for development. This commitment may include initiating changes to existing ordinances or the adoption of new ones to encourage infill development and/or the participation by the County in infi'astructure capital proiects desigued to promote infill development. Strategies for Infill Development Strategy: Plan/provide for necessary infrastructure improvements that are currently impediments to development of vacant sites. Recommendations: Schedule public improvements needed to support/encourage infill development within undeveloped portions of the Development Areas; Develop plans for proposed public projects in a timely fashion so that'they may be incorporated into new developments, as necessary, Strategy: Provide for greater flexibility in type of use and density of development. Recommendations: Provide for greater flexibility in gross development densities within the Land Use Plan residential categories, with a focus on increasing gross densities. Consider rezoning vacant properties designated for residential use to reflect the recommended densities of the Land Use Plan. Support innovative development and design concepts, particularly those that maximize gross density of development. Strategy: Consider greater flexibility in development regulations which may limit development opportunities (without compromising issues of general health or safety). Recommendations: 21 Evaluate and amend zoning and subdivision regulations in a manner that results in opportunities for increased development densities (including, but not limited to: critical slope regulations and open space requirements; reduction of area requirements for planned developments; density bonus provisions; commercial parking requirements, subdivision street and lot access requirements; possible impediments to "alternative" development designs). Utilize the Open Space Plan Development Area Composite Maps as a guide for waiver requests from the critical slopes regulations. To help ensure the success of these infill strategies, involve the development community as part of an ad advisory committee to review proposed recommendations and to make additional recommendations to achieve the desired o'biectives. Land Use Standards for Designated Development Areas Land Use standards provide guidelines for development which are consistent with the Growth Management goals and are in keeping with the man-made and natural environment. These standards provide the basic framework for the review of development proposals for the Development Areas, in conjunction with other applicable ordinances and regulations. However, it is recognized that as individual proposals are considered, all of the followin.~ standards may not be applicable to any specific proposal, but rather those proposals will need to be considered in a more global context, particularly as they relate to the mix of uses. General Land Use Standards Standards that apply to all types of development in the Development Areas are provided as "General Land Use Standards." These standards include the twelve principles of the Neighborhood Model. More specific standards for non-residential and residential land uses are provided to address the different locational and surrounding character aspects of those categories. General Land Use Standards for Designated Development Areas Pedestrian Orientation - A pedestrian orientation should be reflected throughout the Development Areas. Sidewalks and pedestrian paths should be provided in new developments, redevelopment projects and in County projects funded through the Capital Improvements Program. Neighborhood-Friendly Streets and Paths -- Streets should be recognized for their function within neighborhoods rather than merely transportation routes for cars. Curb and gutter, sidewalks and street-trees help to give streets a more human scale. 22 InterconneCted Streets and Transportation Networks -Connections between developments with an appropriately scaled transportation network, should be provided to maximize a sense of community and provide additional transportation links. Emphasis is placed on linkage between developments and just not within each devel~,,,~-f ~;,-;~;~-~ ~v~, ..................... t The impact of developments should be minimized on major roads to the greatest extent feasible by limiting access points to major roads arterials such as Route 29, by providing side street access, service roads, and/or joint accesses. Provide for Ultimate future transportation improvements and new road locations should take place through the reservation of adequate right-of-way and by designing and constructing utilities in a manner consistent with planned transportation improvements. While interconnected street systems will be the primary form of interconnection, other modes of travel should be incorporated into the transportation system including bikeways, pedestrian paths and mass transit. Parks, Recreational Amenities, and Open Space - Parks and recreational amenities should become centralized features in the Development Areas and in individual developments. Important environmental features, such as floodplains, critical slopes, and forested areas shown on the County's Open Space Plan, should be protected and preserved as open space. Development should be concentrated and clustered around these features to the maximum extent possible and provide vistas for public enjoyment. Existing forested areas acting as buffers between subdivisions should be maintained. Neighborhood Centers - A neighborhood center provides a focal point for residents and pedestrians. Centers may be employment hubs, areas of mixed uses, parks, places of worship, or other activity areas. Centers should be recognized and enhanced within neighborhoods. New centers should be built with pedestrian access in mind. Buildings and Spaces of Human Scale - New and redeveloped buildings should be sited and arranged to emphasize a positive relationship between pedestrians and buildings and to provide appropriate spatial enclosure. As a rule, building orientation should be to public streets and to private streets when the private street is in located in front of the building. Yards should be shallow in order to allow 'for good spatial enclosure. Massing and scale should be appropriate to the area in which buildings are proposed. Attention should be paid to architectural details. Relegated Parking - Parking should be located to the side and rear of structures, ttExcept for commercial or regional scale commercial 'uses where it can. be softened by landscapin,~, parkin.e, should neveruot be the dominant feature seen from the public road.. New development or major redevelopment design plans should include features to prevent impact from impervious surfaces on water quality. Parking areas, roads, and other impervious areas should meet only the reasonable needs of the proposed use and possible future uses. Avoid parking areas which exceed that which is necessary for the anticipated development. Mixture of Uses --Where appropriate, residences can exist side-by-side or within close proximity to shops and places of employment, as well as civic, religious, and cultural institutions. Mixture of Housing Types and Affordability--The Development Areas should reflect a variety of housing types and costs. Unless a mixture of housing types can be found in close proximity to 23 an infill site, new development proposals should offer a variety of housing types for different income levels. The Development Areas are recognized as the most appropriate places in the County for affordable housing. Provision of services to the Development Areas as well as a more compact area for development increases opportunities for use of transit. The Development Areas also offer opportunities for housing to be in close proximity to jobs, shopping, parks, and public schools. Affordable housing should not be built in "enclaves; rather, it should be incorporated into new housing developments and units should have a similar exterior appearance to other units in the neighborhood. Redevelopment -The County and developers alike should concentrate on redeveloping existing sites where the capacity of development has not been met. Adding second stories to buildings and mixing residential uses with commercial uses make for better urban/rural relationships and can reduce pressure to expand the Development Area boundaries. Adaptive re-use of historic buildings to uses which preserve the building's architecture and site character should be encouraged as a method of historic preservation. Site Planning that Respects Terrain - New development and redevelopment should reflect sensitivity to existing grades to the greatest extent possible and promote architectural design that fits into grades. Emphasis should be placed on preserving areas of environmental sensitivity shown on the Open Space Plan. Where extensive grading is necessary, site grading should result in slopes that are attractive, functional, easy to maintain, and which promote interconnectivity of parcels. Clear Boundaries with the Rural Areas -Distinctive boundaries should be made between the Development Areas and the Rural Areas. In most cases, development should abut the rural boundary rather than transition down to it. Fiscal Impact Analyses - The County shoulclEnsure continue to evahateconsider fiscal impact models and studies when evaluating ............... future land use changesm~dcr +*,~ ~ ....~; .... v .......... ~ .... ~ prior to rezoning approvals. Appropriate planning/phasing of development to match service/infrastructure availability and capacity should be established. Specific Standards for Residential, Commercial, and Industrial Land Uses Residential Land Use Standards In addition to the general standards noted above, residential standards are presented here as a basic framework to guide future residential development proposals. It should be recognized that substantial changes in the. economy, housing market, and housing industry may warrant flexibility in the application of these standards. These standards are intended to encourage the provision of various housing types and provide for affordable housing. It is intended that all dwelling types and forms of ownership be permitted within the County. 24 Residential Densities and Relationships to Other Land Uses It is intended that where possible, and practical due to terrain, availability of public utilities and adequate public infrastructure and consistency with the Neighborhood Model, that overall development density, be at as high a level as practical. It is understood, however, that what is practical and protective of the Rural. Areas must also be responsive to market demands (the ability to provide single fmnily homes competitively priced to the same product in the Rural Areas). The use of bonus provisions to increase density and provide for affordable housing should be encouraged. Where demonstrated, by economic or other considerations, that density in excess of that recommended by the Plan is warranted to accommodate an affordable housing proposal, a reasonable density increase should be provided. In rezoning deliberations, the County should be mindful of the intent to encourage infill development, contain most future growth within designated Development Areas, and avoid rural development pressure. Unless contrary to matters of public health and safety, residential rezoning to the upper end of the Comprehensive Plan recommended land use density-ranges (i.e. Neighborhood or Urban scale) should be favored even if the density exceeds that of surrounding developments. 3 ~Except in the case of Neighborhood Model or infill development, maintenance of the integrity of residential areas can be accomplished with standards for the relationship of residential use to adjacent non-residential uses. Buffering, screening and physical separation of non-residential uses can alleviate such relational problems. The current provisions of the Zoning Ordinance addressing the screening of objectionable features and dissimilar uses provide for appropriate protection. These features should be retained. In addition to these regulatory requirements, care should be taken in residential design to provide for buffering, orientation, and other measures to avoid conflicts with surrounding uses. Identification of appropriate land use relationships is important in applying land use designations as well as in considering development proposals. Residential Development Design Residential development should be desi_gned with an internal orientation to foster a sense of place and avoid the image of continuous suburban sprawl. To encourage such design, conventional and cluster options as well as density bonuses should be provided in ill residential zonina districts. Make available a variety of development approaches to the developer that encourage innovative design, increased densities and reduced housing costs, including zero lot tine subdivisions, and sustainable design incentives. o Lot design and residential layout should be based on a rational use of land that reflects topo~aphic and other physical features rather than imposing a layout 25 intended solely to satisfy minimum ordinance requirements or any specific form of development. For larger developments, layout m~d design should provide for varying building orientation and setback, dwelling unit type, facade treatment, and lot size to avoid repetitiveness. Open space and landscape features should be employed as a design feature to establish and define smaller neighborhood areas within the larger development. The PRD/PUD approach together with new or amended ordinances adopted to facilitate the Nei~-4hborh.ood Model and other forms of higher quality, hi~er density development are particularly applicable for larger developments Encourage recreational facilities for developments where the density and lot size do not allow for meaningful recreational space. Commercial Land Use Standards In addition to the general standards noted above, the following standards are recommended to guide commercial development. These standards apply to commercial, commercial-office and service type uses. Commercial zoning districts should be permitted only in designated Villages, Communities and the Urban Area. Only limited supporting commercial uses appropriate to the Rural Areas should be included in the Rural Areas zoning provisions. Mixed commercial and residential areas as well as mixed uses within buildings should be encouraged as land and energy-efficient developments, along with infill of existing commercial areas° Commercial uses should locate in areas where public utilities and facilities are adequate to support such uses. Upgrading and extension of roads, water, sewer, electrical, telephone, natural gas systems, and community facilities should be considered in review of a commercial rezoning request. Industrial Land Use Standards In addition to the general standards, the following standards are recommended to guide industrial development. These standards apply to light and heavy industrial uses, warehousing, "flex" type uses, and research/development/technology centers having characteristics more in keeping with industrial type uses. Industrial zoning districts should be permitted only in designated Communities and the Urban area. 26 While single-use industrial sites must be accommodated, rezonings which propose multiple sites served by common access points should be encouraged. To encourage multiple-site development, areas designated for industrial development should not be less than five acres and should be of reasonable topography to allow unified access. MixtUres of residential, commercial, and industrial uses may be appropriate where objectionable aspects can be addressed through a combination of realistic performance standards, buffering, and special setback regulations. This approach should be flexible so as to accomplish the objective without creating burdensome and arbitrary regulations. Methods to mitigate objectionable aspects should be addressed at the time of rezoning.= Industrial traffic should avoid residential areas and roadways not designed for such traffic. Industrial uses should locate in areas where public utilities and facilities are adequate to support such uses. Upgrading and extension of roads, water, sewer, electrical, telephone, and natural gas systems should be considered in review of an industrial rezonmg request. o Rezoning to industrial designations for sites of 20 acres or more should be accomplished under a planned approach accompanied by a traffic analysis. Land Use Designations Residential Land Use OBJECTIVE: Establish flexible residential land use densities for the designated Development Areas. The success of Development Area Initiative depends greatly on the provision of residential land use areas that are developable (available, loeationally desirable, to'po~aphically suited and with appropriate utilities and other infrastructure in place or planned) and are responsive to changing market demands. Recognizing that the supply of such developable land affects price and that price impacts the mixture of housing types, the County will need to periodically review expansion of the development areas in order to meet its desired objective. Two density categories are provided in the Development Area, each with a range of acceptable density. Flexibility in residential density ranges leaves some discretion to the market in proposing development characteristics (such as housing type and arrangements), but relies heavily on County standards to evaluate the suitability and acceptability of the proposal. A mixture of housing types is in each category provides for diversity of income levels within neighborhoods. While residential uses are the dominant land use in these designations, supporting institutional and commercial services are allowed. 27 Strategy: Estabhsh maximum gross development density of each residential category, but determine density of development up to maximum based on specific standards. Two ranges of residential development densities applicable in the Development Areas stipulated below are as follows: Designations: Neighborhood Density Residential Neighborhood Density Residential areas are intended to have a gross density of between 3 to 6 dwellings per acre. Neighborhood Density Residential may be located within the Urban Area, Communities and Villages. Neighborhood Density Residential areas are intended to accommodate all dwelling unit types as well as institutional uses such as places of worship, public and private schools, and early childhood education centers including day care centers and preschools. It is anticipated that Neighborhood Density Residential areas will accommodate small areas of non-residential land uses on the scale of Neighborhood Service, as defined later in this chapter, to serve residential uses. Any new development within an existing subdivision shall be in keeping with the character and density of the existing development. New developments adjacent to existing subdivisions or developments shall be developed at higher densities ~vhere feasible and are encouraged to be in a form in keeping with the Neighborhood Model to support in fill development efforts. Urban Density Residential Urban Density Residential areas are intended to have a gross density of between 6.01 to 20 dwellings per acre, with possible densities of up to 34 dwellings per acre under a planned development approach~ Urban Density Residential areas may be located within the Urban Area and Communities only. This designation may be appropriate within Villages. Urban Density Residential areas are intended to accommodate all dwelling types as well as institutional uses such as places of worship, public and private schools, and early childhood education centers including day care centers and preschools. 28 Urban Density Residential designations are not intended for development at densities below 6 dwellings per acre. --Developments withina~ Urban Density Residential areas are expected to occur within the designated range of 6.01 to 34 dwelling units per acre and, to the greatest extent practicable, to maximize the developed density wi~and are encouraged to be in a form in keeping with the Neighborhood Model. Model or other higher quality, higher density forms of development. Development densities within the Urban Density Residential area should ultimately be based on environmental criteria, road function and condition, available utilities, adjacent land uses, and site requirements. It is anticipated that Urban Density Residential areas will accommodate areas of non-residential land uses on the scale of Neighborhood Service and Office Service as defined later in this chapter. Maintain statements in the Zoning Ordinance that site development within Urban Density residential areas be based on standards in both the Comprehensive Plan and Zoning Ordinance. Transitional Transitional areas are intended to be used primarily between residential areas and commercial or industrial areas, or in areas where flexibility of land uses may be necessary or appropriate to blend changing circumstances (e.g., where long-term public improvements are anticipated, or areas where redevelopment/re-use is encouraged). Transitional areas provide an opportunity to develop mixed use areas with Urban Density Residential uses and non-residential land uses on the scale of Neighborhood Service and Office Service, as defined in the next section of this chapter. Uses include neighborhood-scale commercial areas, office buildings, townhouses and apartment buildings. Areas should be developed under an overall plan for the designated area to ensure coordination of uses, access and circulation, landscaping, and maintenance of natural/environmentally sensitive areas. Transitional designation requires a small to medium size site (1-30 acres), collector road accessibility, water and sewer availability, and compatibility with adjacent land uses. 29 Other Land Use Designations OBJECTIVE: Establish a mix of commercial, industrial, residential, open space, and public land uses in designated Development Areas to support County needs. The County's Neighborhood Model ca!!:,allows for a mix of residential with non-residential uses where such uses can be made compatible. To that end the Other Land Use Designations category of uses provides for commercial uses, industrial uses, and office uses that support the Economic Development policy of the County and allows for residents to live, work, and shop in close proximity. The County's Economic Development policy indicates the desirability of a wide range of business and employment opportunities. The availability of jobs and services for the County's future population requires sufficient land to locate such activities. The County's growth management approach requires that such land be located in Development Areas. Commercial and industrial designations are confined to designated Development Areas. It was established that more than sufficient designated acreage exists to meet commercial and industrial land use needs for the next twenty years. Tk~cyears, although it is reco~m'dzed that the actual use of this land will be dependent on its developability, availability, and locational desirability. desirability. The County will need to periodically review the amount of such designated acreagc that is actually developable (available, location.ally desirable, topographically suited with appropriate utilities and infrastructure in place or planned) to assure consistency with its Economic Development Policy. To assure that development of these areas adequately address environmental, infi'astmcture, and land use considerations necessitates appropriate County standards and guidelines identified in this Plan. Strategy: Establish land use designations for Development Areas that provide for a variety of scales of commercial, industrial, and service uses that may be developed with associated residential uses. Designations: NeiF-,hborhood Service Uses allowed in this designation include neighborhood-scale commercial; specialty shops; professional and office uses providing retail, wholesale, and/or business within a Village, Urban XT~;~*.~ r~ ....... ~' ~ Village.Neighborhood or Community. Areas designated as Neighborhood Service typically comprise (1-5 acres), collector 30 road accessibility, water and sewer ava/lability, and compatibility with adjacent land uses. Areas designated as Neighborhood Service should have a specific relationship to nearby and surrounding residential uses and, when possible, be connected to those uses through a system of sidewalks or pedestrian paths. A mixture of Urban Density residential uses and Neighborhood Service uses is encouraged within this designation. Larger areas may be designated as Neighborhood Service if a mixture of uses' includes residential units relating to the commercial area. In these mixed use areas, green space (vegetated ~-,~v~'"~ ~ ....... or,^..~.~ ......... + ~+ 20% ^r o,,....~.~ ......... · .~.,o, ,noz ~c**,.~ ~.o"~" .... and amenities should occupy at least 25% of the area. Community Service Uses allowed in this designation include community-scale commercial, professional, and office uses providing retail, wholesale, business, medical offices, small office buildings, mixed-use core communities and/or employment services to the Development Areas and larger geographic sections of the County. Areas designated as Community Service typically encompass a medium site size (5 to 30 acres), collector road accessibility, water and sewer ava/lability, and compatibility with adjacent land uses. A mixture of Urban Density Residential uses and community service uses is anticipated within this designation. Larger areas may be designated as Community Service if a mixture of uses includes residential units relating to the commercial area. The proportion of residential square footage to non-residential square footage may be as high as 50%. In th mix d u gre ese e se areas, en ~.~menitieaand amenities such ~ parks, paved pleas, indoor or outdoor gathe~g ~eas, lakes, pedestfi~ paths, ~d ~e like should occupy at least 20% of~e ~ea. Regional Service Uses allowed within this designation include regional-scale commercial, regional malls, medical centers, mixed-use developments, professional, motel/hotel/ conference facilities, interstate interchange developments and corporate office uses providing retail, wholesale, business, and/or employment and other services to Albemarle County and the region together with certain public facilities including police, fire and rescue stations and libraries as well as sports related fields and buildings. 31 Areas designated as Regional Service typically encompass a large site (+ 30 acres), arterial road accessibility, water and sewer availability, and compatibility with adjacent land uses. Both vehicular and pedestrian interconnections are expected to nearby residential areas. A mixture of Urban Density Residential uses and community service uses is anticipated within this designation. Larger areas may be designated as Regional Service if a mixture of uses includes residential units relating to the commercial area. The proportion of residential square footage to non-residential square footage~..,,~..~'~'~",,~ ~-~,,..~.~+ ~.~..o.~'~+ ....'~ %.may be as high as 50%. In these mixed use areas, green space the-ar-em. Ameait4esand amenities such as parks, paved plazas, indoor or outdoor gathering areas, lakes, pedestrian paths, and the like should occupy at least · ~ aoz ~ro/of the area. Office Service Uses allowed within this designation include office parks and mixed-use planned development emphasizing office uses, residential uses_r and regional-scale research and office uses providing information and professional services to the County and the larger region. Limited production activities and marketing of products may be included. Urban density residential, commercial and motel/hotel/conference facilities are appropriate in this land use designation. Office Service designation requires a large site size (+ 20 acres), arterial road accessibility, water ~an.d sewer availability; and compatibility with adjacent land uses. The proportion of residential square footage to non-residential square footage may be as high as 50%. In these mixed-use areas, green space sk~ou!d occupy at least 20% cf the area. Amen/ties, and amenities such as parks, paved plazas, indoor or outdoor gathering areas, lakes, pedestrian paths, and the like should occupy at least !0%15% of the area. Office/Regional Service Uses allowed within this designation include large, mixed-use developments typically located on contiguous parcels under common ownership. Such areas provide large-scale employment centers and major retail/commercial services and housing opportunities. All primary and secondary office and regional service uses may be found in such areas. Regional Service uses are not to exceed -1-550 percent 32 of the total gross floor area in Office Service uses. Areas must be developed under one consolidated application plan providing for an integration of all uses and establishing location of all uses, access and circulation, landscaping, and maintenance of natural areas and environmentally sensitive areas. Office/Regional designation requires a large site size (+ 200 acres), major collector or arterial road accessibility, water and sewer availability, and compatibility with adjacent uses. The proportion of residential square footage to non-residential square footage .................. o.ma7 be ~ hi.~. ~ 50%. B these mixed-use areas, ~een space oh~,,1A ......... + ~o+ ~ ~oz ~c+~ ...... a ~:~a menities such as p~ks, paved pleas, indoor or outdoor gathering ~eas, l~es, pedes~ paths, ~d the l~e should occupy at le~t ~ noz ~ to/ ~- ~ o ~. o/o of the ~ea. Industrial Service Uses allowed within this designation include warehousing., light industry, research, heavy industrial uses, as well as uses allowed under Office Service. Commercial uses are allowed in this designation as a secondary use. Residential uses may be appropriate in the Industrial Service designation if such uses are compatible with the nearby and adjacent Industrial Service uses. Care should be taken to insure that the impacts of the Industrial Serv/ce uses, including traffic, noise, odors, and vibrations will not affect residential uses. Where residential uses are provided, both vehicular and pedestrian interconnections are expected to nearby industrial areas. Industrial Service designation requires appropriate site size (+. 5 acres), arterial road accessibility, water and/or sewer availability, compatibility with adjacent uses. Rail access may be necessary. Areas for less-intensive industrial uses may act as transitional areas between commercial and industrial areas. Uses in these areas may not require major infrastructure provisions. A zoning district to distinguish between general industrial and transitional industrial may be appropriate as an amendment to the zoning ordinance. Institutional Uses allowed within this designation include public and private schools, places of worship, universities and colleges, and ancillary facilities such as the University of Virginia's Birdwood golf course and polo grounds. Also included are public facilities and utilities, including police, fire and rescue stations, libraries, solid 33 waste facilities, and major public water and sewer facilities as well as sports related J fields and buildings. This land use designation also includes undeveloped land reserved or dedicated to future public use. It may include a mix of commercial and residential uses, depending on the compatibility with the institutional uses. The scale of the facilities in the Institutional designation should be in keeping with the design characteristics promoted in the Neighborhood Model. Of particular importance, where feasible, are the principles of pedestrian access, interconnected streets and transportation systems, and site planning that respects terrain. Parks and Greenways Uses allowed within this designation include public and private parks, and existing and proposed greenways along streams. Although public schools, identified on the Land Use Plan as institutional uses, may provide active recreation facilities/parks (ballfields, courts, playgrounds) to the community, they are not to be considered the sole providers of parks and open space to a neighborhood. Pedestrian and bicycle access to parks and greenways, and especially to parks provided on school grounds, is viewed as essential to their viability. Table I summarizes non-residential land use guidelines. Other standards included in both "The Natural Environment" and "The Developed Environment" chapters should be reviewed in conjunction with these guidelines for development proposals. Table II provides an inventory of developable acres within the designated Development Areas. Developable acreage is considered land void of slopes greater than 25% and 100 year floodplain. The calculations for determining developable areas were based on the identification of significant areas of floodplains and critical slopes. Some acreage identified as developable in the table may contain smaller more isolated areas of critical slopes, 100-year floodplains or other constraints for development such as wetlands and poor soils. G:\DOCS\WP\GOVN M~IXA Ibemarle Countv\COMPPLANSLandUseComponentChangesCLEANnopict04.25.02.do¢ 34 PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON CPA-2002-01. NEIGHBORHOOD MODEL AMENDMENTS TO THE LAND USE PLAN 3 4 5 6' NAME (Please print clearly,) '7 10 11 12 13 14 15 17 18 1'9' 2O 2t PHONE NUMBER/ADDRESS (Optional), PIEDMONT ENVIRONMENTAL¢~{~£L Promoting and protecting the Piedmont's rural economy, natural resources~ history and beauty CPA 02 01 The Neighborhood Model and related Changes to the Comprehensive Plan Statement to the Albemarle County Board of Supervisors - May 1, 2002 FIEOEIVED AT BOS MEETIN,a Agenda Item #: /o~ I am JeffWerner and I represent the Piedmont Environmental Council. The PEC was created in 1972 to promote and protect the Piedmont's rural economy, natural resources, history and beauty. Since 1996, the PEC has participated in DISC and most recently in DISC II. It is impossible for me to fully address this CPA in 3-minutes. Given that, I want to address a few key issues in the time allowed and offer to discuss them you later if you wish. My first and briefest comment is that in order to fully implement the Neighborhood Model and the concurrency of infrastructure, the County must explore employing a tool that is available in the State Code and suggested in the current Comp Plan: The Official Map. I have circulated a copy of this for you to read when you can. I'll leave that topic here and simply suggest that you sit down with Frank Cox and discuss this concept further. He brought it to my attention and I think it would be worthwhile to hear what he has to say about it. Second, the County's new Neighborhood Model is about building places for people to live, work, shop, etc. I know of no tenet within the Model that is intended to limit the rate of development in this area. In fact, it is intended to fulfill the County's objectives about where growth should occur. The County's current Comprehensive Plan proposes that 87% of future growth be directed into designated development areas. The Neighborhood Model is possibly a means to that stated and approved objective. My third comment relates to the assertion by some that in this CPA--the County consider the expansion of the Growth Area as the Neighborhood Model represents a threat to affordable housing. I can't read all 'of this statement in the time allotted, so I hope that you take the time to read it later. For some time I have heard many argue against so-called Smart Growth efforts--such as the Neighborhood Model--as they will limit affordable housing. This argument is not an argument to seek solutions to affordable housing but to use the politically sensitive affordable housing issue as a lighting rod to oppose Smart Growth and argue for expansion of the Growth Area or more development in the Rural Area. In other words, the boiler-plate argument in opposition to Smart Growth initiatives is that. sprawl--while that word is not used--is "best" for solving affordable housing issues. Don't be fooled by those that use the "affordable housing" issue to make a case for expanding development into the form of growth we call sprawl. Development is exploding in Loudon and Fairfax Counties and there is no evidence that this has alleviated the affordable housing problem. I ask these questions: Is this expansion of development in the County really about affordable housing? What are the numbers? How many people would be better served by a Growth Area expansion and how would the development community fulfill this commitment to use this expansion as a solution? These questions sound mean spirited, and I guess they are meant to be. I want facts and figures not rhetoric. I believe we must focus on this issue with meaningful and productive actions. This is not a new issue and, unfortunately, better and more informed people have been wrangling with this issue for generations. The challen ~s not to comes down to the will of the deci necessary. VA 22747 Let's address the argument that there is not enough land available for development. In 1996, the Thomas Jefferson Planning District Commission issued a report that cites a potential for 51,390 residential lots in Albemafle's Growth Area. There are currently less than 32,000 households in the entire County--Rural Area and Growth Area combined. These homes are relatively evenly distributed between the RA and the GA implying that the current GA is nowhere near built-out. In my own research, I identified approximately 3,000 acres of vacant residentially zoned land in the City and in the County's Urban Neighborhoods #1-7. A presentation by the Planning Staff several months ago identified 7,708 vacant acres in the entire Growth Area. That is larger than the City of Charlottesville-- home to 40,000 people, a major university and most of this region's jobs. How can 7,000 acres not be big enough to accomplish the urban objectives of this County? Let's get serious about what Growth Area expansion means.'The Village of Rivanna added 1,631-acres to the Growth Area. Today it is one of the most exclusive gated-communities in Albemarle. Not a model for the provision of affordable housing in an expanded Growth Area. North Forks Business Park added 500+ acres to the Growth Area, but the County ignored requiring that this expansion include any housing--let alone affordable housing. About 250-acres was added to the Piney Mountain Growth Area but there is no housing there nor have I heard of any proposed. Yesterday, I did a driving tour of Crozet. This is a Growth Area of approximately 3,000 acres and relative to its planned population capacity is only about' 15% built-out and has almost 1,500-vacant acres available for development. I am not arguing that something need not be done about making land available for affordable housing needs, but I am suggesting that the community should stop and listen to who is asking for a Growth Area expansion under the guise of social concern. Albemarle County has a density bonus ordinance for subdivisions/developments that incorporate a low to moderate income housing component. May I respectfully suggest that the Planning Staff review and report on how often this provision has been employed by the development community? The community might want to challenge the land speculators that are holding undeveloped parcels in the Growth Area. Not developing what they have should not be a legitimate reason for requiring an expansion of the Growth Area. Perhaps some taxation tool exists to induce development here rather than into our Rural Areas. The rural area is not the single solution to affordable housing nor necessarily even a desired one. I have talked at length with the local director of Habitat for Humanity. They want to place people in the Growth Area. They want to place people near jobs, service and amenities. People often ask me what I would do. Here are a few ideas: UVa should house more students, faculty and staff on Grounds. Traffic will be reduced on 29. Existing City and County urban infrastructure will be more efficiently utilized. People could live at the Blue Lots instead of driving and parking in them. Some will argue that people want a choice or where to live. I understand that, but if the intention is to provide affordable housing in an efficient manner, to suddenly argue that truly resolving affordable housing people should allow people to chose to live far awayand pay the additional costs to commute to work, than I question the criteria that we are using for defining the need for lower costs for lower income individuals Consider that the City could revitalize itself by opening up neighborhoods to lower, middle and even higher income families where once only students in group houses lived. Consider the impact of a year round tax base in the City? Or consider the use of under enrolled or vacant schools in the City versus the cost for the County to build new. On a larger scale: We must demand that the available tools be explored, understood and implemented. For instance, the only number I hear when discussion housing is the cost to buy the house. Left out of the discussion are the additional costs a family must pay for their choice of a location. Banks and lenders are making available a whole host of location efficient mortgages. Consider the average cost to own and operate a vehicle for a daily commute to and from a supposedly affordable home in either the rural area or far from the employment centers. On a national average It's about $6,000 - 7,000 a year. Translate that cost into a mortgage and not into a car and the seemingly out-of-reach urban home become more affordable. Again, this is an effort to fred affordable housing for people and, by definition, close to jobs services, recreation, amenities, etc. I live in downtown Charlottesville and, therefore, I travel in my car--and subsequently pay for--less than 4 miles a day. This is real money. I am not a wealthy man, but the fact that I do not drive 40-50 miles a day is a savings to me. My wife and I are working out a way to reduce our family fleet to only one car. If an average family could eliminate just one car and translate that $6,000 into a mortgage payment, it could possibly be wOrth an additional $50,000 in the cost of a home. We need to show people that a higher price to live close to work, services, recreation, amenities, schools, etc. may result in less expensive costs for driving long distances--to be read as time and fiscal costs-- versus living far away where home prices may appear lower. This tool alone may not--and most likely cannot--solve all of the questions. The lower tier of the individuals and families that need this housing assistance require far more than a creative mortgage. We, as a society and a community, must accept that in order to resolve this issue completely, the only way to assist many of these folks is to subsidize their housing. We can do this by identifying those that need this assistance, to what extent they need assistance and assuring that there is an adequate supply of housing for them to be placed in. Simply making sure that there are "cheaper" houses out there cannot do this. A cheap house on the market does not imply that they are being sold to needy individuals. More than likely savvy investors that monitor the market more closely gobble them up and sellers that want to maximize profits and prefer a quick deal to a lengthy, risky one. Who makes that financial sacrifice and takes the time. It remains to be seen. But it is not impossible and it does not require more land than we already have set aside for development. Also, as a society and as members of a community here in Charlottesville and Albemarle, we should have a higher ambition than to simply square off on issues that are unrelated to affordable housing. We must have a higher ambition than to suggest that the best way to service the needs of this sector of our community is to banish them to the hinterlands and urban edges where their access to jobs, services, amenities, schools, stores, churches, etc. are accessible only by lengthy and costly car rides. This argument must move beyond profits, property rights and zoning and get down to what is the right thing to do. The market economy, no matter what land-use policy is in place will not solve this problem on its own. Therein lies the very hard question. Why are we--both side of the aisle on this--not using the tools and policies that exist? In our quest to resolve the issue we never get past finger pointing to ever actually address the issue. Vacant land in Growth Area per Planning Staff. From recent DISC discussion. 2000 Acreage - Acreage - Neighborhood Population Total Vacant Developed Acres ~leighborhood 1 &2 13,466 3,971 840 3,131 Neighborhood 3 626 1,400 861 539 Xleighborhood 4&5 6,212 3,886 1,923 1,963 Neighborhood 6&7 5,511 3,654 631 3,023 Hollymead/Piney Mtn 6,701 4,842 1,875 2,967 Village of Rivanna 1,355 1,631 162 1,469 Crozet 2,753 2,912 1,416 1,496 Totals 36,624 22,296 7,708 14,588 Segments of the State 'Code. 15.2-2201 (show hits) ..Definitions. "Official map" means a map of legally established and proposed public streets, waterways, and public areas adopted by a locality in accordance with the provisions of Article 4 (§ 15.2-2233 et seq.) hereof." 15.2-2223 (show hits) ..Comprehensive plan to be prepared and adopted; "The plan, with the accompanying maps, plats, charts, and descriptive matter, shall show the locality's long-range recommendations for the general development of the territory covered by the plan. It may include, but need not be limited to: 2. The designation ora system of transportation facilities such as streets, roads, highways, parkways, railways, bridges, viaducts, waterways, airports, ports, terminals, and other like facilities; 3. The designation of a system of community service facilities such as parks, forests, schools, playgrounds, public buildings and institutions, hospitals, community centers, waterworks, sewage disposal or waste disposal areas, and the like; 8. The designation of areas for the implementation of measures to promote the construction and maintenance of affordable housing, sufficient to meet the current and future needs of residents of all levels of income in the locality while considering the current and future needs of the planning district within which the locality is situated." 15.2-2233 (show hits) ..Maps to be prepared in localities; what map shall. "After adoption by the governing body of an official map, the local governing body may acquire in any way permitted by law property which is or may be needed for the construction of any street, alley, walkway, waterway or public area shown on the map. When an application for a building permit is made to a locality for an area shown on the official map as a future or proposed right-of-way, the locality shall have sixty days to either grant or deny the building permit." 1 II Jl 1 1 1 I II II 1 1 1 GROWTH MA~,AGEMENT GOAL: Promote the efficient utilization of County resources through a combination of: A. Designated Growth Areas that provide a variety of land uses, facilities, and services to support the County's future growth. B. Emphasis on the importance and priority of the four major elements that form the basis for the Rural Areas: (1) preservation of agri- cultural and forestal activities; (2) water supply protection; (3) limited service delivery to these areas; and, (4) conservation of natu- ral, scenic, and historic resources. Of these, the preservation of agricultural and forestal activities is the highest priority. For this Plan, the primary growth management policy is to direct growth into those areas designated for development while conserving the balance of the County for agricultural and forestal uses and other re- source protection purposes. The growth management goal and objectives are the basis for a program of land use planning intended to protect valuable resources and be supported by the provision of necessary facili- ties. This is accomplished through a combination of facilities' objectives/strategies and the land use com- ponent of the Plan. Resource protection is the basic underlying theme in the County's growth management approach. Agri- cultural and forestal uses have been identified as the most critical County resource and the primary land use in the Rural Area. (See "The Natural Environ- ment'' Chapter, Agricultural and Forestal Resources section, page 40). Such uses play an extremely impor- ble. Maintenance of this resource also provides an op- portunity to protect and efficiently use other re- sources: (1) protect water resources with' use of proper conservation techniques (See "The Natural En- vironment'' Chapter, Water Resources section, page 57); (2) conserve natural, scenic, and historic re- sources with the maintenance of pastureland, farm- land, and forested areas (See "The Natural Environment" Chapter, Natural, Scenic, and Historic Resources section, page 73); and, (3) efficiently use tis- cai resources with limited development lessening tile need ;to provide public services to wide areas of tile County. In the interest of this growth management strategy, residential development is considered a sec- ondary use in the Rural Area. The growth management goal places renewed em- phasis on the Growth Areas and further emphasizes support for their development. Past comprehensive planning efforts have sought to direct growth into growth centers to facilitate efficient service delivery, promote a sense of neighborhoods, and conserve the Rural Areas. Mote emphasis, however, has previously been placed on discouraging development in the Rural Areas through regulatory measures. Results from this approach have not accomplished the intent of the Comprehensive Plan to this point. The pre- vious plan proposed the following distribution for growth in the County over 20 years: Urban Neighborhoods 38 percent Communities 35 percent Villages 14 percent Rural Areas 13 percent The actual distribution of new residential permits since 1982 is not achieving this growth distribution (see Table 37). Contributing to this trend is the exist- ence of an extensive inventory of undeveloped rural tant and long standing role in the environment, heft- lots and the potential for new development right lots tage, and economy of the County. Loss of this in the Rural Areas. The implication arising from the resource to development is irreversible and irreplacea- TABLE 3 7 / BUILDING PERMIT ACTIVITY COMPARISON 1983-1987 1983 1984 1985 1986 1987 #UNITS % #UNITS % #UNITS % #UNITS % #UNITS % URBAN NEIGHBORHOOD 587 55 275 38 288 40 302 41 183 28 COMMUNITY 20 2 24 3 16 2 22 3 12 2 VILLAGE 99 9 48 7 19 3 22 3 5 5 RURAL AREAS 357 35 378 52 391 55 391 53 424 65 GRAND TOTAL 1,063 725 714 737 654 Source: Albemarle County Department of Plannin ' & Community Development, 1988 1 107 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Quarterly Financial Report SUBJECT/PROPOSAL/REQUEST: Presentation of Year to Date Quarterly Financial Report for Nine Months Ended March 31th. STAFF CONTACT(S): Messrs. Tucker, Breeden, Walters, Hildebeidel, Mss. White AGENDA DATE: May 1,2002 ACTION: CONSENT AGENDA: ITEM NUMBER: INFORMATION: X ACTION: IN FORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The attached quarterly financial report provides information on the county's general fund and the fund balance as of March, 2002. Also included is a bar-chart based report that compares this year's revenue and expenditure data with data from the previous year. DISCUSSION: ($ in millions) A. Attachment A: General Fund Third Quarter Financial Report: 1. Revenues: The Department of Finance continues to project that current year revenues will increase slightly over budget by approximately $1.6 million (1.3%) as a result of increased tax revenues from real estate and personal property taxes offset by projected reductions in sales tax, business licenses, other local taxes and revenues, as well as state and federal revenues. The overall projection of end-of the year revenues has not changed since the 2® quarter report. Real estate taxes are still projected to exceed budgeted revenues by $0.884 million mainly due to an 11% estimated reassessment rate used for budgeting last January compared to the actual reassessment rate of 12.59%. This estimate has not changed significantly since the February 6th report, although it is anticipated that the 1 st half 2002 collection may exceed projections by almost $300,000. However, since the bills have not been prepared, a more accurate projection will be available in the June 30th report. Personal Property revenues as shown in the last report are still expected to be over budget in the current year by approximately $2 million due to better sales than anticipated and higher collections st in the 1 half of the year. This projection may be a little high, due to the difficulty of projecting the impact of the end of the year sales surge, but a better projection will be available after the tax bills are prepared. Sales tax revenues continue to be below budgeted estimates by $0.330 million (up from a $0.380 million shortfall in November) reflecting the general economic slowdown at the national, state and local level. Although Business License collections are looking more positive, the current estimate is still reported to be down by $0.203 million. A more reliable, and hopefully more positive, collection will be reported in the June 30th report. Utility taxes are anticipated to exceed budget by $0.189 million due to increased compliance by providers and expanded cellular use. Other Local Taxes are projected to be $0.092 million lower than budgeted, which is consistent with what was reported in the December 31 st report. AGENDA TITLE: Quarterly Financial Report May 1,2002 Page 2 Other Local Revenues show a $0.382 million decrease from budgeted, mainly due to lower interest rates on bank deposits. State and Federal revenues are also anticipated to be less than budgeted by approximately $0.426 million in a number of categories, including compensation board reimbursement, social services, recordation fees, etc. Decreased 599 funds are also included in this projection. Use of FY01 fund balance of $3.439 million reflects budgeted fund balance for both the school division and general government in addition to the reappropriations approved in October. This reflects the same appropriated fund balance shown in the December report. See attached fund balance report for details. Expenditures: Expenditures are within appropriate levels (74.2%) for the first three-quarters of the fiscal year. · Departmental expenditures are at 76% of current budget. Since the July 1 appropriation, $1.464 million in additional appropriations have been approved bythe Board, mainly in the October reappropriation process. Approximately $1.1 million was distributed to various departmental projects and $0.363 million was transferred to the CIP. Since the last report, an additional $23,000 has been appropriated to Human Resources for the County's share of an additional position, to the IDA for the Trans-Dominion Express and to the Midnight Ramble Festival. The $199,000 reduction in the non-departmental line reflects prior transfers from the Board's contingency fund for Lewis and Clark, Mclntire Skate Park, Esmont Senior Nutrition program and the special December election and new transfers of $136,200 to the capital fund for the ACE program for additional property acquisition and $12,750 for VPSA bond fees that were not included in the original appropriation. Revised Revenues less Revised Expenditures (yellow boxes in right hand corner): Revised revenues less expenditures show $1.591 million in unobligated revenues by the end of this current fiscal year (June 30, 2002) based on staff estimates as of March 31st. This estimate is only thirteen thousand dollars lower than the estimated variance provided in the second quarter February report. Available Fund Balance as of 3/31/02 is $0.514 million. This resulted from the full allocation of FY01 end-of the-year revenues and expenditure savings to the capital reserve and a landfill reserve. A subsequent audit adjustment has added $0.514 million to the 6/30/01 end of the year balance (see the Fund Balance report for details) If projected revenues are realized, $2.105 million in "Projected Unobligated Funds" are available at the end of the current fiscal year, which is the same available balance that was provided to the Board in the December 31st report. However, the majority of these funds are obligated, since $2.037 million of these one-time end-of-the-year revenues were committed bythe Board to the FY03 budget during budget work sessions. B. Attachment B: Annual Budqet Comparison Report as of September 30, 2001 This bar-chart-based report tracks changes in revenue and expenditure changes over time. There are no changes to the annual budget comparison since the last report: 2 AGENDA TITLE: Quarterly Financial Report May 1,2002 Page 2 Revenues: · Revenues from real estate property taxes in the current year are anticipated to increase over last year by $6.2 million. Personal property taxes are shown to decrease from last year by approximately $2.9 million, which reflects the transfer of local PPRT revenues to the state revenue category. · Revenues from sales taxes, utility taxes, and the meals tax remain fairly level, while business licenses, other local taxes and other local revenues show a decline over the prior year. · State revenues show an increase over the prior year due to PPTR, while federal revenues show only a slight increase. Expenditures: This report shows increases in FY01/02 over FY00/01 in administration, public safety, public works, human development and community development, while the judicial and parks and recreational areas reflect fairly level funding. The non-departmental increase reflects the increased transfers to the capital and debt service functions. The increases for Administration, Public Safety, Public Works and Community Development reflects the reappropriations in those functional areas approved by the Board in October. Attachment C: Fund Balance Report This report indicates that the County: 1. Has a final audited FY01 balance of $18.956 million, which includes a minor $13,000 adjustment since the last report; 2. Appropriated a total of $2.069 million for FY02 projects during March 2001 budget work sessions and an additional $1.405 million in appropriations approved by the Board in October 2001 for a total of $3.439 million. 3. Committed $2.003 million in FY01 revenue and expenditure savings to two reserve funds: $1.557 million to the capital reserve fund and $0.446 million to a landfill reserve leaving a net fund balance of $13.502 million. Has committed to maintain a minimum fund balance of $13 million for cash liquidity purposes. The $13 million remains within the County's financial policy of maintaining a fund balance "equal to or no less than 8% of the County's General Fund plus School Fund." Fiscal Impact Discussion 1. Current Year Revenue Estimates are still based on a January 17th Department of Finance report, which looks at FY01 actual revenue collections, as well as any trend indicators gleaned from the first half of the year collections. No changes have been made in the FY02 estimates at this time. Any major changes in the FY02 revenue estimates will result from the May real estate and personal property tax billings with the actual collections reported in the June 30th report. Use of Projected Unobli.qated Funds: As indicated on the Fund Balance Report, the available fund balance is $0.514 million after subtracting the Board approved commitments from FY01 revenue and expenditure savings. This amount combined with the $1.591 million in revised revenues less revised expenditures has provided the Board with a net total of $2.105 million in end of the year revenues. The County Executive's budget recommended using $1.187 million for one-time expenses, which included $0.475 million for landfill remediation and $0.125 million in one-time funds to the School Board. During budget work sessions, the Board committed an additional $0.850 million in one-time general funds to various projects, $550,000 of which funded the ACE program along with $450,00 in tourism revenues. The total commitment of projected end-of the year revenues in the FY03 budget is $2.037, leaving net unobligated funds of $0.068 million. 3. Future Commitments for the Unobli.qated Funds: The net unobligated funds of $0.068 million may increase when final revenue collections are reported after June :30th. Moreover, this estimate does not include any expenditure savings, which have historically been in the range of $0.500 million. The Board of Supervisors AGENDA TITLE: Quarterly Financial Report May 1,2002 Page 4 currently has $297,198 remaining in their FY02 contingency fund, which can be used to fund any emergency or unanticipated projects though the end of the current fiscal year. RECOMMENDATION: Staff recommends acceptance of the Third Quarter Financial Report for FY01/02. 02.062 County of Albemarle General Fund Quarterly Financial Report Year-to-Date (YTD) For Nine Months Ended March 31, 2002 ($ in millions) Prior Year - FY 00/01 YTD Actual Full Year 03,¢31/01 as %of Actual YTD Actual Full Year Revenues: Real Estate Taxes $47.340 $23.257 ~t9.1% Personal Properby Taxes 14.057 8.447 60.1% Sales Taxes 9.558 6.560 68.6% Busine~ Licenses 7.103 2.763 38.9% Utility Taxes 6.453 3.945 61.1 % Meals Tax 3.642 2.687 73.8% Other Local Taxes 7.905 4.047 51.2% Other Local Revenue 5.154 3.271 63.5% State Revenue 17.179 9.252 53.9% Federal Revenue 3.403 2.097 61.6% Total Revenues 12%796 66,326 64,6 Use of FY00/01 Fund Balance 0.000 0.000 0.0 Use of Other Funds 1.585 0.322 20.3% Total $123.380 $66.648 54.0 Current Year - FY 01/02 YTD Actual 07/01/01 03f31/02 as % of Appropriated (11 YTD Actual Appropriated $52.570 $26.844 51.1 % 9.194 6.441 70.1% 9.980 6.618 66.3% 6.089 3.137 51.5% 6.449 4.378 67.9% 3.675 2.696 73.4% 7.562 3.819 50.5% 4.316 2.780 64.4% 23.919 12.067 50.5% 3.471 2.460 70.9% 127.224 71.240 56.0% 2.069 0.000 0.0% 1.623 0.529 32.6% $130.916 $71.769 54.8% Revised Projected Variance as % Esti mate f21 Variance Appropriated $53.453 $0.884 9.650 (El .330) 5.886 (El .203) 6.638 0.189 3.700 0.025 7.470 (0.092) 3.933 (El .382) 23.493 (0.426) 3.436 (EI.035) 3.439 1.370 1.661 0.037 $133.971 $3.055 2.3% Full Year Actual Expenditures: Administration $6.533 Judicial 2.632 Public Safety 14.096 Public Wor~s 2.802 Human Development 9.518 Par~s, Rec. & Culture 4.290 Community Development 3.451 Subtotal Operations 43.322 Transfer to School Division 56.674 Prior Year - FY 00/01 YTD Actual 03f31/01 as % of YTD Actual Full Year $4.712 72.1% 1.990 75.6% 10.449 74.1% 2.330 83.2% 6.062 63.7% 2.568 59.9% 2.780 80.6% 30.891 71.3% 37.782 66.7% 6.197 99.7% 74.870 70.5% 12.866 67.6% $87.736 70.0 Non-Dept (revenue share; reserces; refunds) 6.216 Subtotal 106.211 Transfersto Capital Fund and Debt Sen/ice 19.037 Total $125.248 Current Year - FY 01/02 YTD Actual 07/01/01 03f31/02 as % of Appropriated fl I YTD Actual Appropriated $6.984 $5.274 75.5% 2.568 2.013 78.4% 15.104 10.693 70.8% 2.963 2.238 75.6% 10.451 8.585 82.1% 4.316 3.332 77.2% 4.037 3.127 77.5% 46.423 35.262 76.0% 62.289 46.717 75.0% 7.171 6.584 91.8% 115.884 88.563 76.4% 15.032 8.532 56.8% $130.916 $97.095 74.2% Revised Projected Expenditure Projected Variance as % Appropriations Expenditur of (3~ e Variance Appropriated $7.375 0.390 2.604 0.036 15.293 0.189 3.135 0.172 10.504 0.053 4.365 0.049 4.276 0.239 47.551 1.128 62.289 0.000 6.972 ¢.199) 116.813 0.929 15.567 0.535 $132.380 $1.464 1.1% County of Albemarle General Fund Annual Budget Comparison Report (as of March 31, 2002) ($ in millions) Attachment B Revenues 60.0 ¢~ 50.0 ._o 40.0 '~ 30.0 c 20.0 ~ 10.0 ~ ~ -----~--- --~ m Real Estate Personal Sales Taxes Business Utility Tax Meals Tax Other Local Other Local State Federal Taxes Property Licenses Taxes Revenue Revenue Revenue Taxes [] 00/01 Actual [] 01/02 Appropriated [] 01/02 Revisec 18.0 16.0 14.0 12.8 10.0 6.8 4.0 2.0 Expenditures ¢ ¢ ¢ Administration Judicial Public Safety Public WorNs Human ParNs, Rec & Community Non- Development Culture Development departmental [] 00/01 Actual[] 01/02 Appropriatec~ 01/02 Revise( Transfer to Sch'ool Division County of Albemarle General Fund Quarterly Fund Balance Report Year-to-Date (YTD) For Nine Months Ended March 31, 2002 ($ in millions) Previously Report 6/30/01 Fund Balance Post Closing Audit Adjustment Audited 6/30/01 Fund Balance $18.944 0.013 18.956 Less Appropriations Approved to Date: FY02 Budgeted General Government Initiatives FY02 Budgeted Additional School Division Transfer FY01 Outstanding Purchase Orders FY01 Projects not completed by 06/30/01 FY02 New Projects using FY01 Carry-Over Funds 0.568 1.501 0.254 0.997 0.118 Specific Projects: Region Ten Youth Summit Contribution 0.001 3.439 Total Approved Appropriations to Date Fund Balance as of March 31, 2002 $15.517 Less Proposed Appropriations $0.000 Less: Proposed Commitments FY01 Revenues and Expenditure Savings to Capital Reserve Fund FY01 Revenues and Expenditure Savings to Landfill Reserve Total Proposed Commitments 1.557 0.446 $2.003 Preliminary Net Fund Balance $13.514 Less Minimum Required Cash Flow Balance 13.000 Attachment C May 1, 2002 CLOSED SESSION MOTION I MOVE THAT THE BOARD GO INTO CLOSED SESSION PURSUANT TO SECTION 2.2-371 I(A) OF THE CODE OF VIRGINIA ·UNDER SUBSECTION (1) TO CONSIDER APPOINTMENTS TO BOARDS AND COMMISSIONS; and UNDER SUBSECTION (7) TO CONSULT WITH LEGAL COUNSEL AND STAFF REGARDI'NG PROBABLE LITIGATION ARISING FROM A PROPERTY DAMAGE CLAIM COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: Members of the Board of Supervisors Laurie Bentley, C.M.C. Senior Deputy Clerk April 26, 2002 Vacancies on Boards and Commissions I have updated the list of vacancies on boards and commissions through August 31, 2002 and attached applications for advertised vacancies. No interviews are scheduled for the May 1 meeting. Thank you. Cc: Bob Tucker Larry Davis Chamber of Commerce (list only) m ,~ ~ ~ ~ ~ ~ m ~ X ::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::: ;;;;;;;;;;;;;;; ;;;;;;;;;;;;;;; ~ :::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::: ;;;;;;;;;;;;;;; ;;;;;;;;;;;;;;; ::::::::::::::::::::::::::::::::: m ~ :::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::: :~:~:~:~:~:~:~:~:~:~:~:~:~:~:~ ::::::::::::::: ::::::::::::::::::::::::::::::::: ~ ~ David P. Bowerman Rio Lindsay G. Dorrier Jr. Scottsvi e Charles S. Martin Rivanna COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (4341 296-5843 FAX (434) 296-5800 Walter F. Perkins White Hall Dennis S. Rooker Jack Joue~ Sally H. Thomas Samuel Miller May 8,2002 Ms. Ann H. Maltek P.O. Box 207 Earlysville, VA 22936 Dear Ms. M~_/ At the Board of Supervisors meeting held on May 1, 2002, you were reappointed to serve on the Acquisition of Conservation Easements Committee, with your new [erm to run from August 2, 2002 through August 1, 2005. I have enclosed an updated roster for your convenience. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to continue to serve the County in this capacity. Sin cerely, Sally H. Thomas Chairman SHT/lab Enclosure CC: Commonwealth Attorney Wayne Cilimberg Printed on recycled paper David P. Bowerman Rio Lindsay G. Dorrier, Jr. Scottsville Charles S. Martin Rivanna COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 Waker F. Perkins White Hall Dennis S. Rooker ~lack Jouett Sally H. Thomas Samuel Miller May 8, 2002 Ms. Marcia Joseph 481 Clarks Tract Keswick, VA 22947 Dear Ms. J6/~.~ At the Board of Supervisors meeting held on May 1, 2002, you were reappointed to serve on the Acquisitio n of Conservation Easements Committee, with your new term to run from August 2, 2002 through August 1, 2005. I have enclosed an updated roster for your convemence. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to continue to serve the County in this capacity. Sincerely, Sally H./Fhomas Chairman SHT/lab Enclosure CC: Commonwealth Attorney Wayne Cilimberg Printed on rec~ucled paper David P. Bowerman Rio Lindsay G. Dorrier, Scottsville Charles S. Martin Rivanna COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 Walter F. Perkins White Hall Dennis S. Rooker Jack ~ouett Sally H. Thomas Samuel Miller May 8, 2002 Mr. Stephen T. McLean McLean, Faulconer Realtors, Inc. 503 Fauiconer Dr., Suite 5 Charlottesville, VA 22903-4970 Dear Mr. At the Board of Supervisors meeting held on May 1,2002, you were reappointed to serve on the Acquisition of Conservation Easements Committee, with your new term to run from August 2, 2002 through August 1, 2005. I have enclosed an updated roster for your convenience. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to continue to serve the County in this capacity. Sincerely, S~ally~. Thomas Chairman SHT/lab Enclosure CC: Commonwealth Attorney Wayne Cilimberg Printed on recycled paper David P. Bowerman Rio Lindsay G. Dorrier, Jr. Scottsville Charles S. Martin Rlvanna COUNTY OF ALBEMARLE Office of Board of Superxasors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 Walter F. Perkins White Halt Dennis S. Rocker Jack ~ouetr Sally H. Thomas Samuel Miller May 8, 2002 Mr. Jerry E. Jones 116 Wildflower Dr. Charlottesville, VA 22901 Dear Mr. Jones: At the Board of Supervisors meeting held on May 1, 2002, you were reappointed to serve on the Jordan Development Corporation, with your new term to run from August 14, 2002 through August 13, 2003. I have enclosed an updated roster for your convenience. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to continue to serve the County in this capacity. Sincerely, Sally H. Thomas Chairman SHTIlab Enclosure cc: Forrest D. Kerns Commonwealth Attorney Printed on recycled paper David P. Bowerman Rio Lindsay G. Dorrier, Jr. Scottsvilte Charles S. Martin ~vanna COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 Walter F. Perkins White Hall Dennis S. Rooker Jack Jouctt Sally H. Thomas Samuel Miller May 8, 2002 Dr. Ellora Young 6775 Wildon Grove Rd. Gordonsville, VA 22942 Dear Dr. Young: At the Board of Supervisors meeting held on May 1, 2002, you were reappointed to serve on the Jordan Development Corporation, with your new term to run from August 14, 2002 through August 13, 2003. I have enclosed an updated roster for your convenience. On behalf of the Board, would like to take this opportunity to express the Board's appreciation for your willingness to continue to serve the County in this capacity. Sincerely, Sally Chairman SHT/lab Enclosure cc: Forrest D. Kerns Commonwealth Attorney Printed on recycled paper David P. Bowerman Rio Lindsay G. Dorrier Jr. Scottsvil e Charles S.. Martin COUNTY OF ALBEMARLE Office of Board of Supervisors 40~I Mclntire Road Charlottesville, Virginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 Walter F. Perkins White Hall Dennis S. Rooker Jack Jouett Sallv H. Thomas Samuel Miller May 8, 2002 Dr. Charles M. Ward 2486 Lake Albemarle Rd. Charlottesville, VA 22901 Dear Dr. War~.' ,~ At the Board of Supervisors meeting held on May 1, 2002, you were appointed as the School Board representative on the Audit Committee, with said term effective May 1, 2002. I have enclosed a roster for your convemence. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your. willingness to serve the County in this capacity. Sincerely, Sally mas Chairman SHT/lab Enclosure CC: Commonwealth Attorney Dr. Kevin Castner t~rintea on recycled paper David P. Bowerman Rio Lindsay G. Dorrier, Jr. Scottsville Charles S. Martin Rivanna COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 Walter F. Perkins White Hall Dennis S. Reeker Jack Jouett Satly H. Thomas Samuel Miller May 8, 2002 Mr. Jeffrey B. Werner 212 Wine St. Charlottesville, VA 22901 At the Board of Supervisors meeting held on May 1, 2002, you were reappointed to serve on the Fiscal Impact Advisory Committee, with your new term to run from July 9. 2002 through July 8, 2004. I have enclosed an updated roster for your convenience. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to continue to serve the County in this capacity. Sincerely, Sally~'. T~omas Chairman SHT/lab Enclosure cc: Roxanne White Commonwealth Attorney Primed on recycled paper David P. Bowerman Rio Lindsa~ G. Dorrier, Jr. Scottsville Charles S. Martin Rivanna COUNTY OF ALBEMARLE Office of Board of Supervisors 40I Mclntire Road Charlottesville, Virginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 Walter F. Perkins White Halt Dennis S. Rooker Jack Jouett Sally H. Thomas Samuel Miller May 8, 2002 Mr. Dennis S. Rooker Board of Supervisors 401 Mclntire Rd. Charlottesville, VA 22902 Dear ~ At the Board of Supervisors meeting held on May 1, 2002, you were reappointed to serve on the Fiscal Impact Advisory Committee, with your new term to run from July 9, 2002 through July 8, 2004. I have enclosed an updated roster for your convenience. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to continue to serve the County in this capacity. Sincerely, Sall~y H.~homas Chairman SHT/lab Enclosure cc: Roxanne White Commonwealth Attorney Printed on recycled paper RIVANNA SOLID WASTE AUTHORITY CITIZENS ADVISORY COMMITTEE APPLICATIONS 83/19/2882 15:26 5408292152 CULPEPER COUNTY PAGE 82 County of .Albemarle Of F~ 40I ' Charlor~viUe, VA Home Phone 434~964.-1142 Rcmm to: Clerk, 401 McIu~i~e Re~d vt~ (~)a~ ' .' D'A~ Mar 26 02 03:25p 3D EnviroLo~ics 43~9753637 p.1 County of Albemarle Office of Bo~xt of County Supervisors 401 McIntire Road Charlottesville, VA 229024596 (804) 296-5843 APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITTEE (Please type o~ print.) Rivarma Solid Waste Authority (~~t' ~q Boazd/Commission/C ommittce Applicant's Name A. Scott Neese Full Home Address 2759 Peppervine Court, Charlott~sville, VA 22911 Home Phone 434 975 2[29 Magisterial District in which your bx)me residence is located Hollymead (?) Employe: 3D EnviroLogics LLC BusLaess Address 2759 Peppervi'ne Court, Chaflott~sv/lle, VA 22911 Phone 434 97:5 0687 Occupation/Title Vice President Date o£ Employment 1/I/2002 Yea~s Resident in ~adbemarle County. 7 Spouse's Name Patriee Y. lq~e~ Previous Resideace 32! 8 C_m~way Circle. Charlottesville, VA 22911 Number of Children 2 Education ~.q2) _egr~s and Graduation Date~) Ph.O & MS.- Johns Hopkir~ Univ. (1980 & 1978); B~- Washing, ton & Lee Univ. (1972) Memberships in Fmte~aal. Business, Church and/Or Social Groups Meraben Aracdean Chemical Sooiety, Holy Matyrs Chamh, Public, Civic and Charitable Office and/or Othgr Activities.or Inter,ts HeaO Men's Laerovae Coaoh- Albemarle High ,%hool Reason(il ~'or \~lishin~ to Se~-e on ~ Board/(~-omro.~ssion/Committee Desire thc om~ortunity to bring my years 0fenvironmental consulting to b~nefit Rivanaa's policy s~ting and d~cision making, The c~nmunity needs to find a delicate balance between growt, h and minimizing environmental The in£ommyn pflrovid~n this :~pplication will be released m the public upon request. Signature Date Remm to: 2/2612002 Cleric, Board of County Supen, izors Albemade County 401 Mclnthe Road Cliatlottesville, VA 229024596 FAX: (804) 2964800 County of Albemarle 04-16-02^08:11 RCVD Office of Board of County Supervisors 401 McInfire Road Charlottesville, VA 229024596 (804) 296-5843 APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITTEE (Please type o~: print.) Board/Commission/Committee Rivanna Solid Waste Authority Citizens Advisory Committee Applicant's Name Kevin O'Connor Full Home Address 183 Bryan Court, Charlottesville, VA 22902-8730 Home Phone 434-244-0081 Magistefixl District in which your home residence is located Seottsville Employer Pine Mountain Investment Company, LLC Business Address 183 Bryan Court, Charlottesville, VA 22902-8730 Phone 434-961-8219 Occupation/Title Notebroker / Managing Member Years Resident in Albemarle County Nine years Previous Residence Route 2 Box 217, Charlottesville, 22901 Date of Employment 2/1/1993 Spouse's Name Sulia T. Dyer Number of Children 0 Education .(D%~t~s and Graduation Dates) Attended Washington University (St. Louis, MO) 1973 - 1974 / University of California (Berkely) 1975 / Norltteastem University (Boston, MA) 1976 - 1977 / University of Missouri St. Louis 1979-1980 Memberships in Fmtemak Business~ Church and/or Social Groop,s Kiwanis Club of Charlottesville (member 4 years), Knights of Columbus, St. Thomas of Aquinas Parish (member 3 years), Public. Civic and Charitable Office and/or Other Activities or II~terests Chamber of Co ..... eree, Greater Charlottesville Business Association (member 7 years), Charlottesville Venture Group, Monticello Fire & Resena Station # 11 (Board of Dire~ors), Mill Creek Homeowners Association, Officer- Tmasur~ & Board of Dircelm~ sinc~ 1998 Reason(s) for WJshinff to Serve on this Board/Commission/Committee I have passionate interest in eavironmentai & recycling issues I would like to sev~ on eotmty-wide committee. The information provided on this application will be released to the public upon request. - -- - - ' Signatur/~ Date // o, co...Z Albem*~l~ County 401 Mclnt/re Road Charlottesville, VA 229024596 F.~X: (8O4) 296-SS00 CC-: REGION TEN COMMUNITY SERVICES BOARD APPLICATIONS County of Albemade ('~lo~te~vill~, VA 22902-459~ Clerk, Board of County SOl, Ct'visors Allx:mL~k: C, our~ty Ch~lott. cm, ill., VA 22902-4S~6 ZO/ZO'd 899S~E6~08 HDASd B~ UfiR ~:£S County of Albemarle '0 Office of Board of County Supervisors 401 Mclntire Road Charlottesville, VA 22902-4596 (804) 296-5843 04-18-02~11:24 RCYD APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITTEE (Please type or print.) ~tefi~ Dis~ ~ ~ yom home r~dmce ~ bcat~ %~R~ Employer ~ Phone Business Addzess Occupafion:/Titte Years Resident in Albemarle County ~ ~4_ Education (Degr~ ces and Graduation Dates) ~, I ~:~ ~, l~Pg ~ , Memberships in Fraternal. Business. Church md/or Social Groups Date of Employment Number of Children JEFFERSON AREA BICYCLE AND WALKING ADVISORY COMMITTEE APPLICATIONS County of Albemarle APR,-II'O2(THU) 08:48 UVA DEVELOPMENT OFC TEL:804 924 7564 P 001 County of Albemarle O~ce of Board of County Supervisors 401 McImire Ro~d Ch~rior~esvilla VA 22902-4~96 (SO4) APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITTEE (Please type or print.) Board/Commissio~/CommRtee ~'ABA-WAC Applicant's Name Jay l~;kso,n Full Home Address 2745 Le~.l~ Lane Charlot~esvillg, VA 22901 Home Phone 434-977-1991 Magisterial District in which your home residence is located SamudM, i]ler Iimployer _UnivmLty o,fVirginia ,. Phone 434-92~-8998 Bus{ness Address PO Box 400807 Chlu'lolt~svill¢, VA 22904 Occupation/Title Public Relations Years Resident.in Albemarle County l~i Previous Residence Ch,al~lilly, VA Ed!!eatioflA~egrees and .Graduation Dates) Bacheior o£ Music F_.du~ation - JMU l~.UT; Musmr or' iidueaden - UVa 1985 Date of F,,mployment 7/10/2000 Spouse's Name Je~aae w. Jackson Numb~ of Children ~- Me_mbarships in Fraternal, Btt.qineas, Church and/or Social Crnu~ Phi Delta Kappa Hoaorary Fcateaity, W~lmiuster Pre~byt~ian Church Public. Civic and Charitable OffiCe and/or Other Activities or Tnr_a.}'~__~ Pr~id~nr, Wostmin$lec O~0~ Com:mSmi=s; Co-President, Meriwedmcr Lawis $¢hoo1 PTI) l:teasoni's) for VVishin_m to_S~rve on thlsBoard/Commisaion/Cummi~tee l'v~ b~a aa avid cyclist ami w. lker Tn ;he ama for 1~{ yum, so~r, otiazs at sre~t rhk to life sad limb. T hal{eve improvia~ woad.5 md blmyeliuff options i, an ~hicvable enh~cament Lo our arua's auality of life. The information provided on ~s application will be released to the public upon request. Si~~e ~ Date Return m: Cl~r~, Board of County Supervisors Albemarle County ~01 Mclntire Road CharlottesM[h, VA 22902-4596 FAX: (804) Z96-.~Soo 4/1 County of Albemarle Office of Board of County Supervisors 401 McIntire Road Charlottesville, VA 22902-4596 (804) 2964843 APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITTEE (Please type or print.) Board/Commission/Committee Jefferson Area Bicycle & Walking Advisor~ Committee Applicant's Name Rob Jiranek Full Home Address 400 Forest Ridge Road, Earlysville, VA 22936 Home Phone 434-975-0784 Magisterial District in which your home residence is located Albemarle County Employer Blue Ridge Outdoors Magazine Business Address 222 South Street, Charlottesville, VA 22902 Phone 434-817-2755 x22 Occupation/Title Publisher Date of Employment Years Resident in Albemarle County 8 Spouse's Na~ne Para Previous Residence Danville. Va Number of Children 3 Education (Degrees and Graduatioa Dates) BA English Princeton University 1985, MBA Northwestern University 1991 111/1995 Memberships in Fraternal. Business, Church and/or Social Groups member, Buck Mountaia Chumh Public. Civic and Charitable Office and/or Other Activities or Interests Chair, Patterson Associates Board of Martha Jefferson Hospital: Coach, YMCA Youth Basketball: Member, Rivanna Trail Foundation Reason(si for Wishing to Serve on this Board/Commission/Commit(ce Personal and professional interest in human-powered activities. concern for community health and development, will to make a difference. The informatio,n provided on this application will be released to the public upon request. Signature Return to: Clerk, Board of County Supervisors Albemarle County 401 Mclntire Road Charlottesville, VA 22902-4596 · FAX: (804} Z96-5800 Date 3/19/2002 County of Albemade Office of Board of County Supervisors 401 Mclntire Road Charlottesville, VA 22902-4596 (804) 296-5843 APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITTEE (Please type or print.) Board/Commission/Committee Jefferson Area Bicycle and Walking Advisory Committee Applicant's Name Neff G. Nicoll Full Home Address 95 Apple Lane, Charlottesville, Virginia, 22903 Home Phone 434-2954207 Magisterial District in which your home residence is located Samuel Miller Employer Compaq Computer Corporation Business Address as above Phone 434-977-1688 Occupation/Title Sales Representative Date of Employment Years Resident in Albemarle County 23 Spouse's Name Carol Previous Residence Rt 2, Box 526A, Crozet;,Virgirda Number of Children 2 Education .(Degrees and Graduation Dates_) BS- Biology- 1977, High School Teaching Certification- t977 1/2/1982 Memberships in Fraternal, Business, Church and/or Sodal. Groups Chamber of Commerce, Virginia Piedmont Technology Council Public, Civic and Charitable Office and/or Other Activities or Interests Boy Scouts(Troop 114) Reason(s! for 'Wi~hin~ to Serve on this Boaxxt/Commlssion/Cnmmittee Pm an acfve rational Bicyclist and enjoy the outdoors. I wmfld welcome the opportunity to be a part of improving the variety and safety of access for biking and walking in onr community. The informati¢:,ded~,ony~tis applic%fl~a will be released to the public upon request. Date 3/25/2002 Return to: CLerk, Board of County Supervi$org Albemarle County 401 Mclntire Road Charlottesville, VA 22902-4596 F~AX: (804) 296-5800 03-27-02A09:22 RESOLUTION TO DENY CLAIM ASSERTED BY CAROLYN NAPIER AND STATE FARM FIRE & CASUALTY COMPANY WHEREAS, Carolyn Napier and State Farm Fire & Casualty Company, by counsel, have asserted a claim for damages in the amount of $121,059.06 against the County of Albemarle arising from alleged negligence in connection with certain storm drainage improvements that occurred in 2000; and WHEREAS, the Board of Supervisors finds that the claim is not supported by the facts or by law. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia denies the claim of Carolyn Napier and State Farm Fire & Casualty Company for alleged damages in the amount of $121,059.06. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of five to zero, as recorded below, at a meeting held on May 1 , 2002. Aye Nay Mr. Bowerman Absent Mr. Dorrier X Mr. Martin X Mr. Perkins X Mr. Rooker X Ms. Thomas X Clerk, Board of County Supervisors