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1977-12-07N42'O December 7, 1977 (Regular-Night Meeting) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on December 7, 1977, at 7:30 P.M., in the Albemarle County C~urthouse, Charlottesville, Vir~ini~ Present: Mrs. Opal D. David and Messrs. Lindsay G. Dorrier, Jr., Gerald E. Fisher, J. T. Henley, Jr., F. Anthony Iachetta, and W. S. Roudabush. Officers Present: Guy B. Agnor, Jr.,County Executive; George R. St. gohn, County Attorney; and Robert W. Tucker, Jr., County Planner. Agenda Item No. 1. Call to Order. Meeting was called to order at 7:Q1 P.M., by the Chairman, Gerald E. Fisher. Mr. Fisher noted receipt of a letter of resignation from Mrs. George (Sally) Thomas from the Thomas Jefferson Planning District Commission. He noted that a new citizen member for the Commission womld be needed to fill the durationt~~ her term, due to expire in June, 1978. Mr. Fisher requested that this matter be placed on~Sxt agenda. Agenda Item No. 2. Dog Ordinance: Public Hearing to amend and reenact Section 4-19 of the Albemarle County Code to include Country~'~reen Apartments as one of those areas where dogs are not permitted to run at large. (Advertised in the Daily Progress on November 23 and November 30, 1977.) Mr. Agnor said a request was received from the Great Atlantic Management Company, managers of the Country Green Apartment Complex, requesting the County's Leash Law be ex- tended to this property. Mr. Agnor noted that not only was the public hearing advertised in the local paper as required by law, but notices were posted in conspicuous places for view by the tenants of the apartments. Mr. Fisher declared the public hearing opened, and first to speak was Mr. David Glover, property Manager of the Country Green Apartments. Mr. Glover said numerous complaints had been received from tenants about dogs running at large. He also submitted a letter from the Sherwood Manor Townhouse Association as follows: "December 6, 1977 Board of Supervisors County of Albemarle Charlottesville, Virginia Gentlemen: The board of directors of Sherwood Manor Homeowners' Association requests your assistance in controlling dogs running un-attended through-out our neighborhood and surrounding area. We have a strong leash law written in our covenants and doing our best to keep the dogs contained. Our development consists largely of young families with children varying in ages from toddlers to 9-10 years of age. It is essenuial to us that our children not be threatened by any stray dog. The mothers hare need peace of mind, also, as it is impossible to watch their youngsters every second of the day. We have a fine working relationship started with Country Green of Sherwood and need to work hand-in-hand with them to better our living conditions and standards we seek. Therefore, we request your assistance in enforcing a strong leash law in the surrounding areas of Sherwood Manor, especially Country Green of Sherwood. We feel this is of great importance to us as our properties are adjacent to one another. We look optimistically towards positive action on your initiatives. Thanking you in advance. Sincerely, (Gary Stearns) Board of Directors SHERWOOD MANOR HOMEOWNERS" ASSOC." No one else from the public wished to speak either for or against this ordinance, and ~. Fisher declared the public hearing closed. Motion was offered by Mr. Dorrier, seconded by Dr. Iachetta, to adopt the following ordinance: BE IT ORDAINED that the Board of Supervisors of Albemarle County, Virginia, does hereby amend and reenact Chapter Q, Article II, Division 2, Section 4-19 of the Albemarle County Code by the addition of the following area: Division 2~ Running at large. Section 4-19. In certain areas. (a) It shall be unlawful for the owner of any dog to permit such dog to run at large any time within the following designated areas of the county: (16) Country Green Apartments as p~atted and recorded in the office of the clerk of the circuit court in Deed Book 453, page 553. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. December 7, 1977 (Regular-Night Meeting) 471 Agenda Item No. 3. Waiver of Utility Requirements: Subdivision plat of James A. Nunnally. Mr. Tucker read the County Planning Staff's report: "Location: Zoning: South side of Penn Park Lane R-2 Residential Proposal: Division of three lots, containing 1.113, 1.006, and .873 acres. Lot 1 is vacant, Lot 2 contains a single-family residence presently served by a well and septic system, Lot 3 contains a duplex served by public water and sewer. Zoning History: Final Plat was conditionally approved by the Albemarle County Planning Commission on November 22, 1977, subject to: 1. Lot 1 must be served by public sewer when buil% upon; 2. Lot 2 must be served by public sewer within six months~ 3. Albemarle County Service Author%ty approval; 4. Maintenance agreement for joint easement. Staff Comment: Mr. Nunnally's intention is to connect Lot 2 to public sewer when Lot ! is buil~ upon. The size of Lots 1 and 2 requires at least one utility. Staff opinion is that a waiver is needed on Lot 2 in order to approve the subdivision at this time, since it will be served by individual well and septic in the interim until Lot 1 is built upon." Mr. Nunnally was present and stated that public water and sewer "trunk lines" are alread on the property, and that Lot #2 must be connected to the water and sewer lines prior to a building permit being issued for Lot #1. Mr. Tucker said he would recommend that no certifi- cate of occupancy be issued until at least one public utility is connected for Lots 1 and 2. Mr. Fisher azked how this could be assured from a legal standpoint. Mr. St. John said a condition could be placed on the plat at the time it is recorded. He suggested the wording as follows: "No building permit shall be issued on Lot #! until such time as Lot #2 is connected to public utilities." Motion was offered by Mr. Roudabush, seconded by Dr. Iachetta, to grant the requested waiver provided that an appropriate restrictive covenant is recorded simultaneously with the plat, and approved by the County Attorney's Office prior to the signing of the plat. The covenant to s~ate that no building permit shall be issued on Lot #1 until such time as Lot #2 is connected to public utilities. Roll was then called, and motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 4. SP-77-61. Robert Sweeney. To make an existing non-conforming public garage, with the sale of used cars, conforming under Section 2-1-25 (23). Property contains 7.75 acres zoned A-1 and is located on the south side of Route 53. County Tax Map 93, Parcel 47E, Scottsville District. (Advertised in the Daily Progress on November 23 and November 30, 1977.) Mr. Tucker noted that this petition was deferred by the Planning Commission until January 10, 1978, and recommended that the Board of Supervisors defer hearing same until February 1, 1978. Motion was offered by Dr. Iachetta, seconded by Mr. Dorrier, to defer action on SP-77-6t until February 1, 1978. Roll was called, and motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Mr. Tucker noted that since Agenda Items 5, 6~ and 7 are all interrelated, that it would be more easily understood if they were presented simultaneously. Agenda Item No. 5. SP-77-73. Rivanna Water &~Sewer Authority. To amend SP-373 (a special use permit for an advanced wastewater treatment plant) in order to amend one of the conditions of approval thereon. The 49.52 acres involved is zoned A-1 and located north of Interstate 64 at the confluence of Moore's Creek and Rivanna River. County Tax Map 77, Parcel 38B, Rivanna District. (Advertised in the Daily Progress on November 23 and November 3O, 1977.) Mr. Tucker gave the staff's report: "Request: Amendment to SP-373, which was granted to Rivanna Water and Sewer Authority on July 24, 1974, for an advanced wastewater treatment plant. Applicant is requesting that condition #1 be eliminated. That condition reads: "That all facilities of the Treatment Plant be located on or above the 330 foot contour, which represents one foot above the state standard project floodplain as reported by the U.S. Corps of Engineers study dated September, 1971." Acreage: 63.43 acres Zoning: A-1 Agricultural Location: North side 1-64, north and south side Moore's Creek between the Rivanna River and Route 20 Interchange. Vehicular access is by way of Franklin Street in the City, through the existing Moores Creek Treatment Plant. Character of the Area: The site is presently an open knoll and floodplain with evergreen and deciduous trees on the perimeter. Approximately 1/4- 1/3 of the site lies below the 330 foot contour. 472 December 7, 1977 (Regular-Night Meeting) as open space in the plan. Zoning History: SP-373 for AWT plant approved with conditions on July 24, 1974. Grading permit for bridge access approved October 24, 1975. Grading permit to clear and grub property approved August 13, 1976. Staff Comment: A plot plan drawn by Paul B. Krebs, Consulting Engineers, was submitted with the application for SP-373 in May, 1974. It showed all structures to be located above the natural 330 foot contour, with no fill proposed in the floodplain, except in conjunction with the construction of the new access bridge across Moore's Creek. The final site plan, submitted on September 16, 1977, proposes considerable fill in the floodplain, as well as several structures located below the 330 foot contour. The plan, therefore, does not meet condition #1 of the special use permit. Staff requested that the County Engineer review the plan to determine if any of the structures or fill were located within the floodway, which could increase the flood level significantly. There is presently no provision in the Flood Plain ordinance which would allow such structures or fill within the floodway. The County Engineer has determined by reviewing calculations prepared by Rivanna Water and Sewer Authority that the proposed plan will increase the flood level approximately 3.68 feet, thereby possibly causing flooding of about nine dwellings on Nassau and Franklin Streets which would otherwise possibly not be flooded. The primary cause of this increase is the location of the holding ponda which require a large amount of fill within the floodway. The holding ponds were required by the State Health Department subsequent to approval of SP-373. Other structures located below the 330 foot contour include the gas storage sphere, chlorine,storage building and the future final c!arifier #4, all of which will be relocated; the infiuent and effluent pumping s~ation-wh~ch~w~ll~nO~significantly increase the flood level, and the holding pond pumping station, located in the backwater. The County Engineer has concluded the following: Some of the AWT structures~are ~ocated within the floodway of Moore's Creek. However, they are located as they are in order to fulfill their function respective to the operation of the AWT plant. They should be permitted. A landfill permit is required, particularly for the dikes which form the holding ponds. This can be reviewed when application for a building permit is made. The Rivanna Water and Sewer Authority should be required to obtain flood ease- ments over those properties that are subject to additional flooding by reason of the construction of the stilling basins, that is, over the area lying between the intermediate flood line, as predicted by the U,S. Corps of Engineers and the intermediate flood line above the stilling basins, as calculated by the Rivanna Water and Sewer Authority. The gas storage sphere,chlorine storage building and final clarifiers shall be located above the 330vf~ot elevation, as required in the approved special permit. Ail other structures shall be allowed ~o remain in their respective locations, as~s~own'..:~n~e~:iP~a~-~h~ch~compan~e~h~Ri~a~na~at'e~?andiSewer Authority's ~ite plan application. Based upon the report of the County Engineer, st~ff recommends approval of this amendment to SP-373, to allow the holding ponds and pump stations to be located below the natural 330 foot contour." Mr. Tucker said on November 29, 1977, by a vote of 6/0/1, the Planning commission re- commended approval with the following conditions: "1. Site plan approval~ 2. Landfill permit; 3. Approval of proposed amendment to Flood Plain Ordinance and SP-77-77; 4. The tree line (the required 50 foot tree buffer) along Moore's ~reek may be eliminated, if the engineering study dictates it is necessary to widen or deepen the channel, in order to eliminate the additional 3.68 feet of flood elevation caused by the holding ponds." ******** Agenda Item No. 6. Resolution of intent to amend Section 9A-4 of the Zoning Ordinance to allow pump stations for water or wastewater with their power supply and control devices, hold- ing ponds, and other appurtenances to water or wastewater systems within the floodway with a special use permit in keeping with Article 11-13 and site plan approval. (Advertised in the Daily Progress on November 23 and November 30, 1977.) Mr. Tucker gave the staff's report: "This resolution of intent to amend the Flood Plain Ordinance, Article 9A of the Zoning Ordinance, was adopted by the Board of Supervisors on November 9, 1977. The need for this amendment became apparent during staff review of the proposed AWT plant site plan, when it was determined that certain structures were proposed within the Moore's Creek floodway. However, approval of this amendment will not mean that approval is given to the AWT plant site for the location of such structures. This amendment only makes provisionain the ordinance for that use. The County Engineer has stated that: December 7, 1977 (Regular-Night Meeting~t~ 4'7 3 "The Engineer, in designing a sewage treatment system, for obvious reasons employs the force of gravity to the fullest extent practical. This inevitably leads to the use of a site close to a river or creek. Treatment facilities are set above flood levels but pumps and other appurtenances frequently are Located within the floodway, and are designed so that the structure is immune to damage by flooding .... Similar situations can be expected for the location of water pumps at some future time." Staff recommends approval of this amendment: S~ction 9A-4-4: Pump stations for water or wastewater with their power supply and control devices, holding ponds and other appurtenances to water or wastewater systems." Mr. Tucker said on November 29, by a vote of 6/0/1, the Planning Commission recommended approval of the ~taff's wording. *********** Agenda Item No. 7. SP-77-77. Rivanna Water and Sewer Authority. To allow the Advanced Wastewater Treatment Plant pump station, holding ponds and other appurtenances within the Moores Creek Floodway. The plant is to be located on 49.52 acres zoned A-1 Agriculture, located north of Interstate 64 at the confluence of Moores Creek and Rivanna River. County Tax Map 77, Parcel 38B, Rivanna District. (Advertised in the Daily Progress on November 23 and November 30, 1977~) Mr. Tucker gave the staff's report. Request: Advanced wastewater treatment plant pumping stations, holding ponds, and other appurtenances to be located within the Moore's Creek floodway. Acreage: Zoning: Location: 63.43 acres A-1 Agricultural North side 1-64, north and south side Moore's Creek between the Rivanna River and Route 20 Interchange. Vehicular access is by way of Franklin Street in the City, through the existing Moore's Creek Treatment Plant. Character of the Area: The site is presently an open knoll and floodplain with evergreen and deciduous trees on the perimeter. Comprehensive Plan: The Plan recognizes this site as the location of the future treat- ment plant. The Moore's Creek floodplain is proposed as open space in the plan. Zoning History: SP-373 for AWT plant approved with condition on July 24, 1974. Grading permit for bridge access approved October 24, 1975. G~ading permit to clear and grub property approved August 13,1976. Staff Comment: As described in SP-77-73, the County Engineer has determined that the holding ponds and possibly the pumping stations of the proposed AWT plant are located within the floodway of Moore's Creek. It has also been determined that the location of the holding ponds will cause the predicted intermediate flood elevation to rise 3.68 feet immediately upstream, and the corresponding backwater curve will extend approximately 2,680 feet upstream. This increase in the 100-year flood level will possibly cause flooding of about nine dwellings on Nassau and Franklin Streets which would otherwise possibly not be flooded. The County Engineer has informed the staff that there is no way to relocate the holding ponds on the site and have them function. He states, "The holding ponds are a requirement of the State Healt~ Department. Their purpose is to prevent the discharge of raw sewage into the receiving stream in the event of a power failure or some other untoward happening. This requires that they be placed at an elevation that allows flow by gravity from the treatment plant." The pump stations to be located on the north side of Moore's Creek are not expected to have a measurable effect on flooding, according to the County Engineer~ either to raise its level or increase the velocity of flow. He states that the proposed AWT facility incorporates the existing Moore's Creek plant and interceptor into its design, and that there is no practical way to relocate a pumping station outside the floodway. The influent pump station is located at the end of the Moore's Creek inter- ceptor, the effluent ~ump station is located at the outfall line from the Moore's Creek Plant. The second station makes possible the use of the exist- ing plant as part of the new facility. The County Engineer has recommended that Rivanna Water and Sewer Authority be required to obtain flood easements over the properties in question. Another alternative would be the widening of the Moore's Creek channel in the vicinit~ of the holding ponds. Staff does not have any problem with the location of the pumping stations within the floodway, since it is functionally necessary. The ext~sive fill required for the holding ponds and the resulting impact on the 100- year flood level is not desirable. However, there does not appear to be any choice but to locate the ponds as shown. 4?4 December 7, 1977 (Regular-Night Meeting) Staff recommends approval subject to: 1. Rivanna Water and Sewer Authority shall make every attempt through proper engineering methods to reduce the flooding impact of the proposed holding ponds; 2. If necessary, the Rivanna Water and Sewer Authority shall proce~ed forthwith to obtain flood easements over those properties that are subject to additional flooding by reason of the construction of the holding ponds." Mr. Tucker said the Planning Commission, on November 29, 1977, by a vote of 6/0/1, re- commended approval with the following condition: "1. The Rivanna Water and Sewer Authority shall widen or deepen the Moore's Creek channel to eliminate the additional 3.68 feet of flood elevation caused by the holding ponds." Mr. J. Harvey Bailey, County Engineer, reported that he had discussed the problem of rising water due to the holding ponds with an hydrologic expert, and said that original calculations may have been in error. He reported that additional analysis may prove that the cause of additional flooding may be caused by the river below the treatment station, rather than from the holding ponds. He recommended that the last condition as recommended by the Planning Commission be changed to allow for the possible revision in flood figures. Mr. Bailey said that the Rivanna Water and Sewer Authority was anxious to have this project bid. Mr. Harry Marshall, Attorney for the Rivanna Water and Sewer Authority, suggested that the Board approve the three reques~ with the condition that the Rivanna conduct an engineer- ing study to determine if indeed a channel change is required. If so, they will be obligated to make the necessary change; if no change is found necessary they could proceed with the permission of the County Engineer. Mr. George Williams, of the Rivanna Authority, reported that their consultant, Mr. Krebbs, was scheduled to complete his study of the project some time in early January, 1978, and at that time, bids for the project would be taken. Mr. Roudabush suggested the rewording of condition number four to state: "The Rivanna Water and Sewer Authority shall widen, deepen, or rechannel Moore'S Creek to eliminate any additional flooding which may be caused by the holding ponds", stating that any exact figures should be left out. Dr. Iachetta stated his concern for the nine families who would be affected by the backing up of Moore's Creek if the situation is not handled correctly. Mr. Marshall said the Rivanna Authority would be more than cautious in protecting property of residents and businesses in the area, because damage suits would be far more costly than the initial study to correct the problem. No one else wished to speak either for or against these three petitions, and Mr. Fisher declared the public hearing closed, but stated that if this matter is deferred, the public hearing may be reopened at a future date. Mr. Roudabush offered motion to approve SP-77-73 with the first three conditions re- commended by the Planning Commission; changing condition #?ifour to read: "The tree line (the required 50 foot tree buffer) along Moore's Creek may be eliminated if the engineering study to be performed by the Rivanna Water and Sewer Authority dictates that it is necessary to take steps to widen, deepen or rechannel Moore's Creek". Motion was seconded by Dr. Iachetta and carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. Motion was then offered by Mrs. David, seconded by Mr. Dorrier, to amend Section 9A-4 of the Zoning Ordinance by adding Section 9A~4-4 under uses by special permit. (Wording set out above.) Roll was called, and motion carried by the following ~recorded vote: AYES:i~ Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. Motion was then offered by Mr. Roudabush, seconded by Mrs. David to approve SP-77-77 but rewording the recommended condition to read as follows: "The Rivanna Water and Sewer Authorit shall take whatever steps are necessary, including, but not limited to, widening, deepening or rechanneling of Moores Creek to eliminate any additional flooding which may be caused by con- struction of the holding ponds". Roll was called, and motion carried by the following re- corded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. Agenda Item No. 8. Runoff Control Ordinance as related to proposed Reservoir Protective District. M~. Agnor noted memorandum dated December 1, 1977, from Mr. J. Harvey Bailey, County Engineer and Mr. Robert W. Tucker, County Planner, which follows: SUBJECT: Runoff Control Ordinance and Proposed Reservoir Protective District The Engineering and Planning staffs have prepared the following report in order to give you and the Board of SuperviSors an overview of the Runoff Control Ordinance since its adoption in September, 1977, and a comparison of this ordinance with the proposed Reservoir Protective~District followed by our recommendations. Runoff Control Ordinance Subsequent to the adoption of the Runoff Control Ordinance,the Runoff Control Official has reviewed a number of applications which involve single lots and one application of a high density development. In every case, some level of treatment of the runoff has been required,~nd in the case of the high density development, it December 7, 1977 (Regular-Night Meeting) 4 75 well within the limits allowed by zoning. The physical characteristics of the site indicate that approximately 20 units can be built. Loss of soil from a development site is determined by use of the U~iversal Soil Loss equation. Loss of phosphorus is determined as a percentage of the soil loss, as explained in the Runoff Control Guidelines. The soil loss equation is: It shows that there are six major variables which influence the total sediment loss (A). For the purpose of the Runoff Control Ordinance,the variables are described as follows. A is the average annual predicted soil loss in tons/acre/year. K is the soil erodibility factor. The factor is obtained from Appendix I or V of the Soil Conservation Service-~manual. The 'K' factor is determined by the type of soil in question. At this time,the SCS has classified and mapped certain parts of the County into soil types. The determination will be acceptable to the Runoff Control Official, however, in the event a project site is not within an area that has been mapped, the applicant must have the soil type investigated. R is the rainfall factor. For all of - Albemarle County it is 175. L is the slope-length factor; S is the slope-gradient factor. (LS). (LS) is defined as the topographic factor and is determined from the table on pages 3 and 4 in the SCS manual. C is the cropping management factor on cropland and other land uses. It is determined from tables 2a, b, c, or d in the SCS manual. P is the erosion control practice factor. On those sites where there are two or more soil types or two or more land uses, the applicant must figure the soil loss for each separately. The equation is also used by the applicant as a guide to determine sediment losses from project sites after development. However, for post-development con- ditions the 'C' and 'P' factors are determined from charts that reflect the intensity of development. Six factors are utilized in the soil loss equation. Of these, 'K' is constant through the entire county. Readings for the length and steepness of the slope, L and~ S, are combined as the LS factor in the tables provided. C introduces the crop or cover factor and P reflects agricultural practices. There is~widespread of values given for most of these factors, depending on field conditions. For instance, the LS factor varies from 0.04 for a 0.2% slope, 10' long, to 18.24 for a 20% slope, 2000' long. Values for C vary from 0.001 for well stocked, managed woodland to 0.45 for bare ground. Attached is a tabulation of computations which show the effect of slopes on soil loss using the best factors for pasture and forest on slopes of 200' and 400',respectively,and a typical value for K. The g~idelines set a maximum of 135#/acre/year as the limit for soil loss pre- dicted by use of the Universal Soil. Loss equation. This loss is equaled on~a 400-foot, 5°5% slope or a 200-foot, 7% slope, when covered with the best turf; or a 400', 11% or a 200', 13% slope, where covered with the best forest cover. The South Rivanna watershed encompasses approximately 243 square miles or 155,000 acres. Betz Environmental Engineers, in their report, state that approximately 41% is in 20% or steeper slopes. The report classes 61% of the area as undeveloped, 27% pasture, 8% crop and 4% developed. The undeveloped land is forested. Crozet is cited as the only high density development in the watershed, although the report also states that the area surrounding the reservoir has the highest percentage of developed land (12%). This area is shown as 10% of the total watershed and there, fore 1.2% of the total 4% which is classed as developed. This leaves 2.8% for Crozet. The highest percentage of crop land is also accredited to the immediate area and is shown as 24%. This is 2.4% of the total shown for the watershed. Based on the review of applications to date and the tabulated calculations shown above, the Runoff Control Official concludes the following: (1) High ~ensity development on land with slopes of 12% or greater will be severely limited by the application of the Runoff Control Ordinance. On slopes above l~%,it is doubtful that any development can comply with the ordinance. (2) Development within the watershed will be further limited by the pro- vision of the ordinance which requires any sewerage treatment system to be located a minimum of 200 feet from the margin of the reservoir or from any stream, perennial or intermittent, within the watershed. (3) The 41% of the watershed which is on slopes 20% or greater is in its present use experiencing greater s°il loss than is prescribed by the Runoff Control Ordinance as the maximum allowable for land after its development. (4) The application of the Runoff Control Ordinance will provide the desired protection to the reservoirs, insofar as development is concerned. Proposed Reservoir Protective District (RPD) The. Reservoir Protective District was prepared at the direction of the Board of Supervisors and its purpose is twofold. First, it was prepared as a device to ai~ in the implementation of our newly adopted Comprehensive Plan. Second, the RPD was established to provide protection and minimization of pollution and eutrophication of the county's public drinking water supply impoundments. By comparing the Runo&f Control Ordinance with the RPD, we found that the existing Runoff Contro~ Ordinance (ROCO) and the Soil Erosion Ordinance appear to be providing the protection we sought in the proposed RPD. For example: 476 December 7, 1977 (Regular-Night Meeting) Setbacks - The RPD would require structures to be setback 200 feet from any impoundment or stream. The ROCO requires a 200 foot setback from these areas for sewerage disposal systems. While the Soil Erosion Ordinance has no specific setback regulations, it i~ conceivable that setbacks could be established on an individual site basis as a result of the~review process and committee requirements. Slopes - The RPD would prohibit location of structures on slopes of 25% or greater. Where applicable, Appendix A of the Soil Erosion Ordinance prohibits building, grading and excavative activity except such as necessary for roads and utilities on slopes of 25% or greater. While the ROCO does not directly speak to slope limitations, slope is a major factor in the runoff calculations. Uses - The RPD proposes certain uses by special use permit and certain uses with a runoff control permit. Neither the Soil Erosion Ordinance nor the ROCO speak directly to uses, however, depending on the character of the given site, some uses may not be able to conform to the provisions of these existing ordinances. Impoundments- Bothaexisting ordinances' provisions cover all of the drinking water impoundments within the ~ounty (Soil Erosion Ordinance does not include Totier Impoundment). The proposed RPD also recommended that all impoundments be covered by this overlay district. Density - The proposed RPD established density according to the slopeof the given site. Again, while the ROCO does not speak directly to slopes or densities, the slope characteristics of a parcel do in fact play an important part in the runoff calculations and does in turn affect the density and intensity of development within the watersheds of drinking water impoundments. Recommendation - Based upon the existing experience of the Runoff Control Ordinance, the Soil Erosion Ordinance, and the similiari2ies between these ordinances and the proposed Reservoir Protective District, it is our concerted opinion that the existing ordinances are and will effectively implement the Betz Report recommendations and the Comprehensive Plan. We, therefore, recommend that-the Board of Supervisors withdraw their resolution of intent to amend the Zoning Ordinance with a conservation district." Dr. Iachetta suggested using common sense, and the Comprehensive Plan, which suggests go- lng for low density where the land bearing power is not present to accommodate a lot of build- ings, roads, etc. He said this would eliminate the need for the ordinance, the control officers and the red tape. Mr. Dorrier said the County should follow the entire water manage- ment plan suggested by the Betz Study, and not just one small portion. He questioned whether "conservation" zoning should be applied just to the reservoir, or should it be applied to all the tributaries leading into the reservoir. Mrs. David said she felt the entire watershed must be protected in order to obtain the results anticipated in the Betz Report. At 9:25 P. M., Mr. Fisher declared a two minute recess. Meeting was reconvened at 9:35 P.M. Mr. Fisher then requested that further discussion and vote on this matter be deferred until Wednesday, December 14, 1977, so that members of the Charlottesville City Council could be present to observe and participate in the discussion before adoption of an ordinance. He requested copies of all pertinent staff reports be sent to City Council members for their information. Agenda Item No. 9. To consider a proposed amendment to the County Zoning Ordinance and County Zoning Map to establish a RESERVOIR PROTECTIVE DISTRICT as an overlay zone. The-area under consideration is that land within the Wate'~she'd of the South Fork Rivanna River Res ervoirbounded ~y an arc of five-mile radiUs from the water treatment ~lant intake pipe. Advertised in the Daily Progress on Novle.mber 23 and November 30, ~977. ~. Mr. Tucker reported that the Planning Commission had not yet acted on this amendment. Mr. FiSher requested a motion to defer this item until the meeting of December 14, 1977. Motion was offered by Dr. Iachetta, seconded by Mrs. David, and carried by the following recorded vote: AYES: Mrs David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. Agenda Item No. 10. Zoning Ordinance Revisinn: Contract from Kamstra, Dickerson & Associates. Mr. Agnor presented the following memorandum: ! Memo to: Board of Supervisors From: Guy B. Agnor, Jr. Re: Consultant Proposal for Zoning Revision Project Please find attached a proposal from Kamstra, Dickerson, and Associates, Inc. (KDA) to engage their services as consultant for the Zoning Ordinance Revision project. It provides for their involvement in (1) revision of the ordinance and map, (2) prepara- tion of Crozet and Hollymead Community Plans, and (3) preparation of four (4) village plans (section of villages to be determined by the County). It estimates a time of 180 calendar days to complete the pro~iect, and divides the cost as follows: Revision of Ordinance and Map - Phase One - evaluation of current ordinance and zoning MaP versus Comprehensive Plan, development of conceptual approach to revisions, preparation of work program and refinement of cost estimate for balance of project. (See Attached D, paragraph C for more details.) $4,000 December 7, 1977 (Regular'Night Meeting) 477 PreParation of Crozet and Hollymead Community Plans. (See D-3, paragraph E for more details.) $ 6,000 Preparation of Four Village Plans. paragraph D for more details.) (See D-2, Sub-Total Estimate of Organization and Coordination Duties 7~,0,00 $17,000 450 - $ 650 Estimate of zoning text and map revision (work program developed in Phase One) Possible Total Costs 10,100 - 15,500 $30,800 - $36,400 The Planning Staff would be expected ~to complete the urban neighborhood plans, the area plan surrounding Scottsville, participate in the text and m~p amendment tasks, and complete as many village plans as time will allow. It is recomm~ended that consideration be given at this time to employing KDA for Phase One of the revision project, and preparation of the 8ommunity and village plans with a budget adjustment downward to a range of $16,000 in lieu of $20,250. The details of the adjustment will be explained to the Board when this matter is discussed at Wednesday's meeting." Mr. Bruce Drenning was present representing Kamstra, Dickerson & Associates, Inc. Mr. Tucker noted some changes which were made during final negotiations with Mr. Drenning. Mr. St. John said he had reviewed the contract and found nothing wrong with the language or terms as presented. After a brief discussion by Board members, motion was offered by Mr. Roudabush (also a member of the Steering COmmittee) to accept the contract as amended and authorize the County Executive, Mr. Agnor, to sign the contrac~ on behalf of the County. Motion was seconded by Mrs. David and carried by the following recorded vo~e: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta~-~and Roudabush. None. ZONING ORDINANCE REVISION, VILLAGE PLANS AND COMMUNITY PLANS CONTRACT ADDENDUM BETWEEN KAMSTRA, DICKERSON, AND ASSOCIATES, INC. AND COUNTY OF ALBEMARLE, VIRGINIA This AGREEMENT made and entered into this 7th day of December, 1977, by and between Kamstra, Dickerson & Associates, Inc., a Virginia Professional Corporation with principal offices at 1608 Washington Plaza, Reston, Virginia, 22090, here%nafter referred to as the "CONSULTANT", and the County of Albemarle, Virginia, hereinafter referred to as the "CLIENT"; WITNESSETH WHEREAS, the CLIENT desires to engage the services of the CONSULTANT to furnish technical and professional assistance, and the CONSULTANT has signified his willingness to furnish technical and professional services to the client; NOW THEREFORE, the parties hereto do mutually agree as follows: A. Scope of Consultant's Services The CONSULTANT agrees to perform in a good and professional manner those services outlined in Attachment D, a copy of which is attached hereto and incorporated in this AGREEMENT. B. Services to be Provided by the Client In the event that any information, data, reports, records and maps are existing and available and are useful for carrying out the work on this Project, this information shall be promptly furnished to the CONSULTANT. Specific services and materials to be provided to the CONSULTANT by the CLIENT ara outlined in Attachment E, a copy of which is attached hereto and %ncorporated in this AGREEMENT. The CLIENT will assist the CONSULTANT by assembling and promptly making available this material to the CONSULTANT. The completion of the services to be performed by the CONSULTANT under the AGREEMENT is contingent upon the timely receipt from the CLIENT, at no cost to the-CONSULTANT, of this material. If for any reason, materials or services to be provided by the CLIENT are not made available to the CON- SULTANT in a proper and timely manner, the CONSULTANT may, at its option, and by giving written notice 7 days in advance, suspend work on the Project until such materials or services are provided or exercise the provisions of Paragraph H below (Termination). If the CONSULTANT elects to suspend work due to delay or failure to supply materials or services on the part of the CLIENT, the CONSULTANT'S time to perform services under this AGREEMENT shall be extended by the time reasonably necessary to compensate for such delay. C. Time of Performance The services of the CONSULTANT are to commence as soo~ as practical after the execution of this AGREEMENT and shall be undertaken and completed in such sequence as to assure their expenditious completion. A%l of the services required by Attachment D shall, absent causes beyond the control of the CONSULTANT, be completed within 180 calendar days thereafter. 478 December 7, 1977 (Regular-Night Meeting) De Meetings and Reports It is estimated that the CONSULTANT will attend approximately 37 meetings during the performance of this Contract, of which 21 meetings are identified within the Scope of Services and Consultant's~Compensation Estimates contained in the Contract Addendum dated 7 December 1977. Meetings not included in said Scope or Compensation Provisions, including as may be hereafter amended, will be billed at a rate of Two Hundred and Fifty Dollars ($250.00), per principal per meeting plus direct expenses at 1.15 multiplier for transportation, lodging., and meals. In the event that more than one meeting is conducted on the same trip to Charlottesville under these provisions, the CONSULTANT will bill his direct hourly charges involved with attending such additional aggregated meetings. Attachments E and F present the total estimated ~umber of meetings by purpose and a schedule of normal hourly billing rates as referenced above. Ail meetings shall be arranged by the CLIENT and Shall be mutually satisfactory to the CLIENT and the CONSULTANT. The CONSULTANT Will provide the number of reports, memoranda, maps, and zoning ordinance drafts as requested by.the County on the basis of direct costs for reproduction times 1.15 multiplier plus production costs at normal hourly billing rates of K.D.A. personnel involved. The CLIENT shall have the option of receiving reproduction/ready copy from the CONSULTANTS for use in repro- duction using its own facilities. Consultant's Compensation~ The CONSULTANT shall be reimbursed for services rendered under this AGREEMENT on the basis of normal hourly rates plus expenses with an estimated cost specified for major work elements as itemized below. The CONSULTANT shall only bill for work performed under the Scope of SerVices (Attachment D) and will not exceed the estimate of said major work elements without further authorization of the CLIENT. Zoning Ordinance Revision Phase One: The estimated cost of proViding services as described in Attachment D is Four Thousand D6~!~...~$~,000.00). Village Plans: It is estimated that the preparation of Plans for three villages as described under the Sco~e in Attachment D is Six Thousand Dollars ($6,000.00) Ivy, Earlysville & Keswick. Community Plans: The estimated cost for preparing Community Plans for the communities of Hoilymeade and Crozet as described in Scope of Services Attachment D is Seven Thousand Dollars ($7,000.00). Organization and Coordination: Organizational efforts and coordination with County planning, zoning, legal, health personnel is estimated within the range of Four Hundred and Fifty Dollars ($450.00) to Six Hundred and Fifty Dollars ($650.00). F. Method of Payment The CONSULTANT will submit monthly invoices to ~the CLIENT, for services rendered. The amount of each monthly invoice will be determined by multi- plying the CONSULTANT'S normal rates times hours plus expenses. Invoices. are due and payable no later than thirty~(30) days of invoice date. If payments are not made in accordance with the provisions of this AGREEMENT, the CONSULTANT may give written notice 5 days in advance that he intends tO stop work~ without penalty, until such payments are received. Following receipt of such payments and prior to reinitiating work, the CLIENT and the CONSULTANT will mutually agree on the schedule and costs for com- .~pleting the terms of this AGREEMENT. Changes and Extra Work If changes or extra work are requested and authorized in writing by the CLIENT, and CONSULTANT will be available to furnish, or obtain from others, the following types of services: 1) Extra work due to changes in the general scope of the study including, but not limited to, changes in size, complexity, or character of the work items. 2) Additional or extended services including study administration due to: (a) the proIongation of the AGREEMENT time through no fault of the CONSULTANT, (b) the acceleration of the work schedule in- volving services beyond normal working hours, or (c) nondelivery of any materials, data, or other information to be furnished by the CLIENT or others not within the control of the CONSULTANT. AdditiOnal services and costs necessitated by travel required of the CONSULTANT other than the visits to the Project as specified in Attachment D, Scope of Services. Other additional services requested and authorized by the CLIENT which are not otherwise provided for under this AGREEMENT. December 7, 1977 (Regular-Night Meeting)~ 479 Such changes, including any appropriate increase or decrease in the amount of compensation, which are mutually agreed upon by and between the CLIENT and the CONSULTANT, shall be incorporated in written amendments to this AGREEMENT. H. Termination of Work Te The cLIENT and the CONSULTANT shall ~have the right to terminate the AGREEMENT by written notice to the other party at least 30 days prior to the specified effective date of such termination. In such event., all finished and unfinished documents and work papers prepared by the CONSULTANT under the AGREEMENT shall, at the option of the CLIENT, become its--property, and the CONSULTANT shall receive compensation for the work actually completed prior to the termination date. If payments are not made in accordance with the provisions of this AGREEMENT, the CONSULTANT may give written notice 5 days in advance that he intends to stop work, without penalty, until such payments are received. Following receipt of such payments and prior to reinitiating work, the CLIENT and the CONSULTANT will mutually agree on the schedule and costs for completing the terms of this AGREEMENT. Authorized Representative The Albemarle County Director of Planning is hereby designated the represen- tative of the CLIENT with respect to thel work to be performed under this AGREE- MENT and such person shall have authorit~ to transmit instructions, receive ! information, interpret and define the CLiIENT'S policies and provide decisions in a timely manner pertinent to the work! covered by this AGREEMENT until a CONSULTANT shall haYe been advised by the CLIENT that such authority has · been revoked. J. Approvals and Consents Me The CLIENT shall be responsible for obtaining necessary approvals and consents from governmental agencies having jurisdiction over the PROJECT and such approvals and consents from other individuals or bodies as may be necessary for the completion of the PROJECT. Coordination The CLIENT will assume the primary responsibility for the coordination of all participating agencies (including the services of the CONSULTANT) and will be responsible for providing timely directives to the iCONSULTANT during the execution of this PROJECT. Office Space The CLIENT agrees to furnish office space required for the performance of the services agreed to herein, within buildings owned or otherwise under the control of the CLIENT, without charge to the ~ONSULTANT, consistent with the CLIENT'S oc-cupancy of such buildings. Progress Reviews The CONSULTANT shall, together with his monthly invoice, submit a statement of progress to the CLIENT. Such Statement of Progress shall include work completed during said billing period, cumulative status of items under Scope of Work, problems encountered during the applicable billing period, and a statement of work objectives for the forthcoming billing period. If ii is determined that during the course of the project events have caused deviation from the terms of the AGREEMENT, the CONSULTANT together with the CLIENT shall agree upon a procedure to allow completion of the Project within the terms of the AGREEMENT or shall agree to negotiate modifications to the AGREEMENT to provide for completion of the Project. N. Nondiscrimination The CONSULTANT agrees not to discriminate by reason of age, race, religion, color, sex, national origin, or handicap unrelated to the duties of a position, of applicants for employment or employees as to terms of employ- ment, promotion, demotion, or transfer, recruitment, layoff or termination, compensation, selection for training, or participation in recreational'a~d with the Equal Opportunity clause as set forth in Section 202 of the ExecutiVe Order 11246. O. Cost of Living Council The coNSULTANT agrees to comply with applicable regulations and standards of the Cost of Living Council in establishing wages and prices. Submission of bids or ofgers or the submittal of invoices o~ vouchers for property, goods, or services furnished under this AGREEMENT shall not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. P. Audit, Access The C~NSULTANT shall maintain records on a generally accepted accounting basis which shall be accessible to the CLIENT. The ~ONSULTANT shall pro- vide access during regular business hours to the representatives of the CLIENT to such records, and the right to inspect and audit records of the CONSULTANT relating to its performance under this AGREEMENT shall be main- tained for a period of one (1) year from the date of completion of services under this AGREEMENT. December 7, 1977 (Regular-Night Meeting)- Q. Contract Not Effective Until Approval by Board of Supervisors Re A) This AGREEMENT will not become effective until the Board of Supervisors of Albemarle County Virginia has approved the appropriate resolution author- izing the proper County official to execute and award the Said AGREEMENT to the CONSULTANT. ~Review/Approval of Materials The CLIENT will examine all studies, reports, sketches, estimates, speci- fications, drawings, proposals, correspondence and other documents presented by the CONSULTANT and shall notify the CONSULTANT in writing of decisions pertaining thereto within three (3) Weeks from the submittal date. In the event that such notification is not provided to the CONSULTANT, it shall be assumed that the materials are acceptable as submitted.:-: ATTACHMENT D CONSULTANT SCOPE OF SERVICES For the purpose of this AGREEMENT, the Study Area is defined as the unincor- porated area of Albemarle County, Virginia. B) Work Elements The Scope of Services for this AGREEMENT shall include three major elements: 1) Revision of Zoning Ordinance Regulations 2) Preparation of Village Plans 3) Preparation of Community Plans It is intended that work on these tasks would be performed in parallel, ie. work on detail plans would proceed at the same time as work on zoning ordinance revisions. C) Revision of Zoning Ordinance Regulations Phase One: Evaluation, Conceptual Approach, and Work Program Approval Task 1 - Evaluation of current regulations and zoning map, ie. Compre- hensive Plan vs. existing zoning. This task would involve e~amination of particular zoning districts with respect to both their locations and bulk regulations in light of the adopted plan; the County's experience with respect to application of these various districts would also be examined. Task 2 - A memorandum wo~ld be prepared containing reco=~endations for changes to the existing ordinance and map. This memorandum would cover the changes recommended in the Comprehensive Plan. Task 3 - A memorandum would be prepared which will present alternative conceptual approaches, combinations of approaches, and consultant recommendations. Included in this memorandum will be a presentation of eXisting zoning va. new zoning tec'~ques including those specified in working memorandum #12, performance zoning, building block zoning, and other approaches which the County would like to see considered at this time. Special emphasis would be given to consideration of controls related to protection of the Rivanna Reservoir. Task 4 - At this point, the consultant would be prepared to meet with the Steering Committee for the zoning ordinance revision. The memorandums outlined previously would be forwarded to the County for distribution to the Steering Committee prior to this meeting. A work flow chart would be presented at this meeting to illustrate methodology for accomplishing all three work elements of this scope. Task 5 - Immediately following this meeting, a meeting can be held with the Citizens' Committee selected by the County. The agenda for the meeting would involve the two memorandums outlined above as well as working memorandum #12. Task 6 - Following the Citizens~' Committee meeting, the consultant would meet again with the Steering Committee to review citizens' comments and subsequently to make decisions on the conceptual approach to be followed for revising the zoning ordinance regulations and map. Task 7 - Following this meeting, with the instructions of the Steering Committee, the consultant would develop a work program and refine associated cost estimates for the zoning ordinance revision project. Task 8 - The consultant would obtain approval of the work program to be followed in performance of phases two through six. December 7, 1977 (Regular-Night Meeting) The following five phases are presented as a general guide to the remaining conduct of the work, but without further detail inasmuch as this will be developed as part of the work program at the end of Phase One. Phase Two: Preparation of'Revised Zoning Text Phase Three: Review/critique and Preliminary Refinement of proposed text changes with both the Steering Committee and the Citizens' Committee. Preparation of Map Changes Refinement and re-review of Zoning Ordinance and text changes Phase Four: Phase Five: proposed. Phase Six: PRODUCTS: Public Hearing and Adoption process for revised zoning ordinance. Products from Phase One will include 10 copies each of the memoranda outlined under Tasks 2 and 3, a work flow chart, and a work program for Phases Two through Six. Preparation of three Village Plans Step One: Determination of Village Plans to be prepared, priorities, organization of Village Planning Committees, and development/approval of standard village plan. Step Two: Preparation of Standard Graphics to be presented at all introductory village meetings: a. Explanation of County and Village planning process and relationship to z~ning revisions. b. List of points concerning villages from the Comprehensive Plan including planning criteria as well as appropriate goals, objectives, and standards. c. Standard questions - for example: expansion area, amount of growth, expansion directions, lot sizes, housing types, etc. (Discussion aide) The following eight steps would be repeated for each village: Step Three: Village reconnaissance by consultant Step Four: Preparation of individual village graphics: a. Base map of village (This will include coordination of aerial photography for villages, communities, and neighborhoods) b.Base map of village with land use and village "ground rules" from the Comprehensive Plan. c. Village base map with development factors (such as slope soils, road conditions, etc.) Blank base map of village to sketch ideas on. Village facts board: population, zoning, facilities, land use summary, etc. Introductory meeting and determination of appropriate policies. Preparation of preliminary village plan. Review and discussion of preliminary plan with Village Planning Step Five: Step Six: Step Seven: Committee. Step Eight: Step Nine: Step Ten: PRODUCTS: Refinement, and preparation of final village plan. Review of final plan with Village Planning Committee. Review of Village plans with County Steering Committee. - Graphics (see above) - Synopsis of Meetings - Physical Plan - mapped - Text Plan - focus on problems addressed, rationale for decisions, local goals and objective, zoning recommendations, and other special issues of local concern. E) Preparation of (2) Community. Plans It is envisioned that the same basic process will be followed for communities as for villages. Added complexities in the detailed community planning process will include review of specific Comprehensive Plan proposals, more complex land use, utility, and transportation considerations, as well as additional meetings. 482 December 7, 1977 (Regular-Night Meeting) Step One: Organization of Community Planning Committees, and development/ approval of standard community plan format. Step Two: Preparation of Standard Graphics to be presented at all introductory community meetings: a. Explanation of County and Community planning process and relationship to zoning revisions. b. List of points concerning communities from the Comprehensive Plan including planning criteria as well as appropriate goals, objectives, and standards. c. Standard questions - for example: expansion area, amount of growth, expansion directions, lot sizes, housing types, etc. (Discussion aide) The following eight steps would be repeated for the two communities: Step Three: Community reconnaissance by consultant Step Four: Preparation of individual community graphics: a. Base map of community (This will include coordination of aerial photography for ~illages, communities~ and neighborhoods) b. Base map of community with land use and community "ground ruins" from the Comprehensive Plan. c. Community base map with development factors ( such as slow soils, road conditions, etc.) d. Blank base map of communities to sketch ideas on. e. Community facts board: population, zoning, facilities, land use summary, etc. Step Five: Introductory meeting and determination of appropriate policies. Step Six: Preparation of preliminary community plan. Step Seven: Review~and discussion of preliminary plan with Community ~?lanning Committee. Refinement, and preparation of final community plan. Review of final plan with Community Planning Committe~. Review of Community plans with County Steering Committee Step Eight: Step Nine: Step Ten: PRODUCTS: - Graphics (see above) - Synopsis of Meetings - Physical Plan - mapped - Text Plan - focus on problems addressed, rationale for decisions, local goals and objective, zoning recommendations, and other special issue~ of local concern." ATTACHMENT E SERVICES AND MATERIALS TO BE PROVIDED TO THE CONSULTANT Specific services to be. rendered by the CLIENT or designated agents to the CONSULTANT shall include the following: 1) COmpile all existing plans, reports, maps and information related to the Study Area and furnish same to CONSULTANT. 2) Furnish suitable base maps of the County and its sUbareas. 3) Provide access to other public agencies and departments. 4) Arrange working meetings and technical review sessions as required. Provide plans and land use regulations for the incorporated areas within Albemarle County and for the jurisdictions adjoining the County. Provide secretarial services to record and transcribe important points and comments made during policy and public meetings. MEETINGS "BUDGET" Villages 9 Communities 6 Phase 1, Zoning Ordinance 3 Steering Committee Review Villages 1 Comp. Plan Amendment Hearings 2 Zoning Ordinance Public Hearings 4 Zoning Ordinance Development Steering Committee 4 C.A.P. 3 County Staff 5 December 7, 1977 (Regular-Night Meeting) 483 ATTACHMENT F NORMAL HOURLY RATES - K.D.A. - 1977 The rates quoted below are for the fiscal yaar 1977-1978, and are subject to a yearly change on July 1, 1978. PRINCIPAL OR CORPORATE OFFICER ASSOCIATE PROGRAMMER ARCHITECT PLANNER INTERIOR DESIGNER ECONOMIST AR~iHITECTURAL DESIGNER ARCHITECTURAL DRAFTSMAN~ DRAFTSMAN PLANNING TECHNICIAN JUNIOR DRAFTSMAN SECRETARY CLERK $45/Hour $35/Hour $30/Hour $30/Hour $30/Hour $30/Hour $25/Hour $25/Hour $25/Hour $15/Hour $15/Hour $10/Hour $15/Hour $10/Hour Consultants reimburseable costs are billed at 1.15 times their cost to us for handling, taxes, and secretarial work on each bill. Agenda Item No. 11. Zoning Ordinance Revision: Steering Committee. Mr. R~udabush reported on progress of the Steering Committee for development of the ~oning ordinance re- visions. He said that most members have been selected, and that only a few still need to be notified. He said the next meeting of the Committee will be after the beginning of the new year. Mr. Roudabush then suggested that the Charlottesville City Council be allowed to select a council member to sit in on the Steering Committee meetings as an ex-officio member as a matter of courtesy. Mrs. David requested that the same courtesy be extended to the Thomas Jefferson Planning District Commission. Mrs. David offered motion to invite both the Charlottesville City Council and the Thomas Jefferson Planning District Commission to appoint an ex-officio member to sit in on Steering Committee meetings. Motion was seconded by Dr. Iachetta, and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. ~ Agenda I~m No. 12. Appointment: Planning Commission. Mr. Roudabush recommended the name of Mr. Layton R. McCann, Route'l, Box 12J~ Keswick, Virginia to ~ill the un- expired term of Mr. Paul Peatross~ said term expiring on Dec~embe~ 3I, 1979. Mr. Roudabush then offered motion to make this app~_ihtment. Motion was seconded bY'Dr. Iachetta and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher,. Henley, Iachetta and Roudabush. None. Agenda Item No. 13. Criminal Justice Advisory Council; request for resolution, Fisher presented the following resolution for the Board's consideratinn: WHEREAS funds are allocated to Planning Districts by the Council on Criminal Justice for the use of localities in the improvement of local criminal justice system components and agencies, in the form of target allocations, based upon the population size and crime rates within the Planning Districts; and WHEREAS such funds are not in every case expended within the budgetary period for which theY were allocated, and therefore become accrued funds in the care and control of the Division of Justice and Crime Prevention; and WHEREAS the Division of Justice and Crime Prevention and the Council on Criminal Justice reallocate these accrued funds in a manner which dis- regards the original funding distribution formula for target allocations; and WHEREAS this is a matter of increasing concern to the jurisdictions of the Thomas Jefferson Planning District; Mr. 484 December 7, 1977 (Regular-Night Meeting) NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, hereby recommends that the Council on Criminal Justice revise their policies on accrued funds to insure that such accrued funds remain under the control of the Planning Districts to which they were originally assigned by a fair and equitable formula to be used for programs offered to the Council on Criminal Justice as overage proposals in annual action grant programs. Motion to adopt the resolution as presented was offered, by Dr. Iachetta, seconded by Mrs David, and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 14. Presentation- Agency Agreement: Jordan Development Corporation. Mr. Agnor said this agreement would app$~.~t the Jordan Development Corporation as the County's agent for the Crozet Housing Project for the'Elderly. He noted that the agreement was drawn up at a meeting between the Development Corporation and the Charlottesville Housing Authority, the County Attorney's office and ~imself. Mr. Agnor said he took the document to Richmond for approval by HUD Officials, and finally for adoption by the Board. Mr. Agnor said the final document was actually written by Mr. St. John'S ~ffice, and that all financial matters involved with this document have been reviewed by Mr. Ray Jones, Director of Finance. Mr. Agnor noted that the Jordan Development Corporation would be required to use the bookkeeping system designed by Mr. Jones for the project, and that Mr. Jones will handle the actual distribution of the HUD funds. Mrs. Jane Saunier said the Jordan Development Corporation had not yet acted to approve the agreement, but suggested that the Board be the first to act on its acceptance. Motion was then offered by Dr. Iachetta, seconded by Mrs. David, to enter into the following agreement upon approval of the Jordan Development Corporation and to authorize the Chairman of the Board of Supervisors t'o sign same: THIS AGREEMENT, made this 7th day of December, 1977, by and between THE COUNTY OF ALBEMARLE, VIRGINIA (the "County"), and JORDAN DEVELOPMENT CORPORATION (~Jordan"), a Virginia nonprofit charitable corporation, WI TNE S SETH : Por and in consideration of the mutual covenants set forth below, the County of Albemarle and Jordan Development Corporation agree as follows: 1. The County hereby appoints Jordan as the County's agent for the site development and construction of a community center on 27.893 acres of land, near Crozet, Virginia, pursuant to the terms of a HUD Community Develop- ment Grant in the amount of $228,280.00, Grant Application Number B-77-DN-51-0037; State Application Identifier Number 77-10-004 (the "HUD Grant"). This project is part of a larger project to be undertaken by Jordan for the development of The Meadows, a residential complex for the eIderly and elderly deaf and related community center. 2. Jordan shall designate an architect, who shall develop a final site plan and appropriate engineering studies relative to the construction of an entrance and roadway which meet Virginia State Department of Highways require- ments, and location and design of water and sewer lines to serve both a community center and seven residential units containing 27 one bedroom rental apartments. The architect also shall develop schematics and working drawings for a 3,000 square foot community center, which shall be situated in clos:e proximitY to the residential units, be provided with appropriate parking as required by the Albemarle County Plan~ing Department, and be related in character and materials to the residential units. Jordan then shall let contracts for the actual site development and construction of a community center. The architect shall serve as the project coordinator for supervision of the construction. 3. Jordan shall invoice the County monthly for the services that are de- signated below and that relate Only to expenditures appropriate to the HUD Grant: (a) Cost of site plan development and preparatinn; (b) Cost of site development engineering studies; (c) Site development construction costs; (d) Cost of schematic and working architectual drawings for the community center; (e) Construction costs of the community center; (f) Administrative costs for project management and record keeping. 4. The County, after receiving invoices from JOrdan, shall be responsible for the disbursal of HUD grant funds directly to the architect and the cong~actors involved in the site development and construction of the community center. 5. Jordan agrees that all construction work Will be awarded through bidding procedures that meet all applicable local, state and federal laws and regulations. Jordan shall let separate bids for site preparation and construction of the senior center. Ail contracts for services and construction of The Meadows, except for the residential component, shall be reviewed by the County Executive and County Attorney prior to award. December 7, 1977 (Regular-Night Meeting) 8 5 AYES: NAYS: 6. Jordan~ as the County's agent for site development and construction of the community center pursuant to the terms of the HUD grant, shall comply with the requirements of 24 CFR Section 570.303 (e), (7), (8), (9), and (11) and Assurances (7), ~8), (9), and (11) regarding F~deral Management Circulars 74-4 and 74-7, the labor standards set forth in 24 CFR Section 570.605, Executive Order 11246 and Section 3 of the Housing and Urban Development Act Of 1968, as amended. Jordan shall further comply with all applicable record-keeping requirements regarding ~rant administration and HUD audit re- quirements as set forth generally in 24 CFR Section 570.500 et seq. (Subpart F-Grant Administration), and more particularly in 24 CFR Sections 570.909 and 570.910, as amended in 42 Federal Register No. 124, page 33018 (Tuesday, June 28, 1977), in Federal Management Circular 74-7, and in HUD Handbook IG 6505.2, Audit Guide and Standards for Community Development Block Grant Recipients (May 20, 1976). The County's auditors shall assist Jordan in complying with HUD grant record-keeping requirements. Jordan shall further comply with any other applicable state and federal laws and regulations in serving as the County's agent. 7. Jordan shall let a separate bid and proceed with the co~struction of the residential units, simultaneously with the site preparation and construction of the community center. Further, Jordan intends to acquire interim financing from a local conventional source for the construction of the residential units, based on a guarantee from the United States Department of Agriculture, Farmers Home Administration~ to assure permanent financing of the residential units. The accounting and administration of funds used for the construction of the residential units shall be kept entirely separate from the HUD grant funds and shall be the sole responsibility of Jordan. 8. The County will retain ownership of the community center and the land upon whic~ the~-~community center is c~nstructed. The County further will retain an easement to the community center, unless the roadway to the co~unity center is accepted into the State Highway System by the Virginia State Department of Highways. 9. As soon as Jordan shall have had prepared a new survey reflecting the County's ownership of the community center, the County shall transfer to Jordan, by appropriate deed in the manner prescribed by law the remainder of the 27.893 acres of land. This transfer shall in no way relieve Jordan of its agency duties as set forth in this agreement. These agency duties sha!l continue until such time as the site development and construction of the community center have been completed and all terms of the HUD Grant have been met. 10. Upon completion of the site development and construction of the co~unity center, the County shall lease the community center to the Jefferson Area Board for ~ging or other appropriate agency, under a separate agreement. This lease agreement will detail the length of the lease, and the responsi- bilities of each party under the lease. Upon completion of the residential units, Jordan shall assume sole responsibility for the management of the Meadows. 11. The County of Albemarle shall appoint two members to the Board of Directors of Jordan. The Albemarle County housing coordinator shall serve as an ex-offico member of the Board of Directors of Jordan, without vote. The Jordan Corporation shall designate the project manager. Roll was called and motion carried by the following recorded vote: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. Agenda Item No. 15. Adjournment. At 10:30 P.M., motion was offered by Dr. Iachetta, seconded b~.Mrs. David. to adjourn the meeting. Ro~l was called, and motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. ~ - ~/Chai~man -