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2004-09-01 September 1, 2004 (Regular Day Meeting) (Page 1) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on September 1, 2004, at 9:00 a.m., Room 241, County Office Building on McIntire Road, Charlottesville, Virginia. PRESENT: Mr. David P. Bowerman, Mr. Ken C. Boyd, Mr. Lindsay G. Dorrier, Jr., Mr. Dennis S. Rooker, Ms. Sally H. Thomas and Mr. David C. Wyant. ABSENT: None. OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., County Attorney, Larry W. Davis, Clerk, Ella W. Carey, and County Attorney, Larry W. Davis. Agenda Item No. 1. The meeting was called to order at 9:00 a.m., by the Chairman, Mr. Dorrier. _______________ Agenda Item No. 2. Pledge of Allegiance. Agenda Item No. 3. Moment of Silence. _______________ Agenda Item No. 4. From the Public: Matters Not Listed on the Agenda. Mr. John Martin said before the Board makes a decision on the future of the Lane Auditorium it should consider restoring the facility as a theater for drama and musical productions. __________ Mr. David Blount, TJPDC Legislative Liaison, said he will soon start identifying issues for the next session of the General Assembly. He said the legislative program is composed of action items and items of most concern to localities, i.e., education, transportation, public safety and land use. The continuing concerns section will look a lot like it has in previous years containing locally requested items. He asked that the Board’s list of priorities be sent to him in the next couple of weeks. He then invited Board members to a legislative seminar scheduled for September 15th. _______________ Motionseconded Agenda Item No. 5. Consent Agenda. was offered by Mr. Bowerman, by Mr. Boyd, to approve Items 5.1 through 5.6 and to accept the remaining items on the consent agenda as information. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Dorrier, Mr. Rooker, Ms. Thomas, Mr. Wyant, Mr. Bowerman and Mr. Boyd. NAYS: None. __________ Item 5.1. Public hearing to include W A Wells property (Loc on Polo Grounds Road) in the Albemarle County Service Authority jurisdictional areas to provide water service to existing structures located on TM 46, Ps 23D & 23D1 on south side of Rt 643. (Public hearing was advertised in the Daily Progress on August 16 and August 23, 2004.) (Defer public hearing until October 13, 2004). By the recorded vote set out above, this petition was deferred until the Board’s meeting on October 13, 2004. __________ Item 5.2. Sheriff’s Compensation, request for increase. It was noted in the staff’s report that during this year’s budget review, the Commonwealth’s Attorney requested that the Board consider a supplement to the State-established salary for the position. In addition, the Sheriff submitted a request for the same consideration in his budget submittal. After discussion, the Board directed staff to review compensation in other localities for the Commonwealth’s Attorney, Sheriff and Clerk of the Circuit Court and report back with the findings. Each Constitutional officer agreed to conduct the research of other localities and provide that information to the County Executive’s Office for review. The information includes data regarding the compensation provided by other localities to their Sheriff. Unfortunately, no other counties in Virginia in the population range from 70,000 to 99,999 (Albemarle’s population is 88,400) have a Sheriff’s Office without primary law enforcement duties and jail responsibilities. In addition to Albemarle, the following counties have no primary law enforcement and jail, but do Civil Process and Court Security: ? James City County - population 52,000, does prisoner and mental transports, does not supplement the Sheriff’s salary of $69,150. They are not an accredited office. ? Prince George County - population 30,000, does not do prisoner or mental transports, does supplement the Sheriff’s salary of $62,234 by $12,000 to $74,234. They are not an accredited office. ? Prince William County - population 332,000, does prisoner and mental transports, does supplement the Sheriff’s salary of $100,933 by $19,000 to $119,933. They are an accredited office. September 1, 2004 (Regular Day Meeting) (Page 2) Virginia City Sheriffs without primary law enforcement and jails in a comparable population range of Albemarle with Court Security and Civil Processing are: ? Charlottesville - population 40,000, does prisoner and mental transports, has no juvenile and domestic relations court security, does supplement the sheriff’s salary of $69,150 by $7,593 to $76,743. They are not an accredited office. ? Colonial Heights - population 30,000, does prisoner and mental transports, does supplement the sheriff’s salary of $62,234 by $1,500 to $63,734. They are not an accredited office. ? Suffolk - population 72,700, does not transport prisoners, does transport mental patients, but does supplement the sheriff’s salary of $76,834 by $7,655 to $84,489. They are not an accredited office. In addition to the information above the Sheriff felt it was important to share the following information about the Albemarle County Sheriff’s Office: 1. One of only 50 state-accredited law enforcement agencies in Virginia. 2. Responsible for the transportation of all juveniles and adults for two jurisdictions related to Juvenile and Domestic Relations courts, both Charlottesville and Albemarle, with a combined population of over 128,400 people. Also, the office provides for the safety and security of two J&D courts, three judges and a makeshift courthouse. 3. Operated by certified law enforcement deputies with advanced certification in civil process and courtroom security. No other law enforcement agency in the region has that amount of certification. 4. Sponsoring a 50 member, all volunteer reserve deputy program to complement other local, state and federal agencies. 5. Sponsoring a 70 member state-certified all volunteer Search and Rescue team. 6. The authorized agency for “Project Lifesaver” to locate by electronic means lost persons suffering from Alzheimer’s, dementia, Downs Syndrome, Autism. 7. Provides lifesaving use and training for defibrillators in the courtrooms and in the community. 8. Doing “Crime Prevention through Education” in the Charlottesville-Albemarle community. 9. Many other community-oriented programs and complementing the law enforcement efforts of the Albemarle, Charlottesville and University of Virginia police as well as state and federal agencies. Based on staff’s understanding of the Board’s intent to supplement the salary of Constitutional officers and the data provided by the Sheriff, the Board may wish to consider a supplement to the Sheriff of $5,748 retroactive to July 1, 2004 (to be consistent with the supplement provided to the Commonwealth’s Attorney). As the information indicates, the State is due to provide an additional $4,320 increase to the Sheriff effective December 1, 2004. (Ms. Thomas asked if all of the Board members are comfortable with giving the Sheriff a 14 percent increase in his annual compensation. She thinks everybody must feel a grave injustice has been done in the past to give that kind of an increase to his salary. It seems like a lot to her. Mr. Boyd said he thinks the Board followed the procedure which had been laid out by comparing it to other counties. Ms. Thomas said that was rather ambiguous. She said Albemarle is the only county of a similar size which has a sheriff’s department that went through the accreditation process, but it is still a big jump. Mr. Dorrier said the Sheriff has a lot of volunteers working with his department. Ms. Thomas said she did not want it to lead to poor morale. The Police Department had asked the Board to check and compare the compensation in that department, and they were not happy with the results. Mr. Rooker said he understands the Board is providing a $4,000 supplement to the Sheriff’s salary which was less of a supplement than that given by most of the other counties providing supplements. The 14 percent raise is not being provided with all County money. The State has raised the salaries of all sheriffs, so a large part of that increase is coming from State money. The Board decided to do a study of the offices of the constitutional officers to determine if their salaries were in line with like officers around the state. When the study was done, the Board determined that a $4,000 supplement to the local sheriff was appropriate. He supports the supplement.) By the recorded vote set out above, the Board authorized a supplement of $5,748 for the Sheriff’s salary, retroactive to July 1, 2004, to be taken from the Board’s Reserve. __________ Item 5.3. Adopt resolution designating segment of Allen Road (Route 666) from Route 664 to end of state maintenance as Rural Rustic Road. It was noted in the Executive Summary that the Board, at its March 17, 2004, meeting, recommended both Gilbert Station Road and Allen Road (the portion of Allen Road [Route 666] from Route 664 to the end of state maintenance) as pilot projects for the Rural Rustic Road Program. Rural rustic roads are paved at a width based on reduced and flexible standards that leave trees, vegetation, side slopes and open drainage abutting the roadway undisturbed to the maximum extent possible without compromising public safety. Roads paved using rural rustic road standards are considerably less September 1, 2004 (Regular Day Meeting) (Page 3) expensive than traditional paving. The Board, staff and the public will be able to determine the full implications of paving a road with rural rustic road standards when the two pilot projects are completed. VDOT requires a resolution from the Board endorsing paving Allen Road using rural rustic roads standards. Staff mailed a letter to every property owner along Allen Road between Route 664 and the end of state maintenance to inform them of the project. The purpose of the letter was to inform residents that VDOT would pave Allen Road using rural rustic road standards instead of traditional paving standards. They were given until August 9, 2004, to contact the County if they objected to rural rustic paving. Staff did not receive any opposition. If approved by the Board, VDOT will finalize a contract in the fall that will allow both Gilbert Station Road and Allen Road to be completed in Spring, 2005. Staff recommends that the Board adopt the required resolution designating the segment of Allen Road from Route 664 to the end of state maintenance as a rural rustic road. By the recorded vote set out above, the Board adopted the following Resolution: RESOLUTION WHEREAS , during the 2002 session of the General Assembly, legislation was passed to revise section 33.1-70.1 of the Code of Virginia, to allow for the improvement and hard-surfacing of certain unpaved roads deemed to qualify for and be designated a Rural Rustic Road; and WHEREAS , such roads must be located in low-density development areas and have a minimum of 50 vehicles per day (vpd) but no more than 500 vpd; and WHEREAS , this Board is unaware of pending development that will significantly affect the existing traffic on the road; and WHEREAS , the citizens using this road have been informed that this road may be paved under rural rustic road standards with minimal improvements; and WHEREAS , this Board believes that the segment of Route 666 (Allen Road) between Route 664 and the end of state maintenance should be designated a Rural Rustic Road because of its qualifying characteristics; and WHEREAS , the road segment aforesaid is in the Board’s six year plan for improvements to its secondary system of state highways: NOW, THEREFORE, BE IT RESOLVED , this Board hereby designates and requests VDOT’s Resident Engineer to concur in the aforesaid road segment as a Rural Rustic Road. BE IT FURTHER RESOLVED , this Board requests that this road segment be hard surfaced and, to the fullest extent prudent, be improved within the existing rights-of-ways and ditch lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in its current state. BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. _________ Item 5.4. Set public hearing on Routes 22/231 Through Truck Restriction. It was noted in the Executive Summary that in 1995, the Board endorsed a resolution that would restrict through tractor trailer traffic on Routes 22/231. This same resolution with some additional emphasis on safety was endorsed by the Board of Supervisors on December 10, 2003. The Board reaffirmed this same resolution at its meeting on June 2, 2004. The mixture of residential and commercial truck traffic on these routes has long been a concern to the County and the residents that live along this road. There have been numerous requests of VDOT and to the local state legislative representatives to deal with this issue. VDOT has informed the County that the original resolution and public hearing did not meet VDOT’s Guidelines for restricting through trucks on primary highways. The public hearing notice for the 1995 public hearing did not include a description of the proposed through truck restriction and the alternate route with the same termini. The resolution did designate U.S. Route 15 between Gordonsville and I-64 as the alternate route, but this was not included in the public hearing notice. This issue was brought to light by an existing through truck restriction in Frederick County that was successfully challenged by the trucking industry. The public notice by Frederick County did not include the proposed alternate route with the same termini as required by the Commonwealth’s policy. As a result of this decision, VDOT is confirming that all outstanding through truck restriction requests have this information. Staff recommends that the Board hold another public hearing on October 13, 2004, pursuant to County public hearing guidelines and with a description of the proposed through truck restriction and the alternate route with the same termini. Staff still intends to propose Route 15 as the alternate route. By the recorded vote set out above, the Board directed staff to advertise for a public hearing on October 13, 2004. __________ September 1, 2004 (Regular Day Meeting) (Page 4) Item 5.5. Authorize County Executive to sign agreement with the Thomas Jefferson Soil and Water Conservation District (TJSWCD) for County stormwater permit compliance. It was noted in the Executive Summary that the County is permitted by the Virginia Department of Environmental Quality (DEQ) for operation of its storm sewer system (Municipal Separate Storm Sewer System permit or MS4 permit). The County is mandated to have this permit under the Federal Clean Water Act and is currently in Year 2 of a five-year permit cycle. This five-year permit has six elements which must be addressed to assure the County’s storm sewer system is being operated in compliance with the law. The six program elements for which the County must develop and maintain a program are: (1) public education and outreach, (2) public involvement and participation, (3) illicit discharge control, (4) construction site stormwater management, (5) post-construction stormwater management, and (6) pollution prevention and good housekeeping at municipal operations. The Year 1 commitments were satisfactorily completed and County staff is now working to assure compliance with the Year 2 requirements. According to the stormwater master plan consultant’s report, annual costs to administer this program are anticipated to range from $234,000 in Year 1 to $108,000 in Year 5 (costs drop through time because higher costs are incurred to get programs up and running). The total expected costs over the five-year permit cycle are $831,000 (after which point, the permit needs to be renewed). Staff was able to administer the Year 1 program with existing resources through creative partnering and leveraging elements from existing programs, which reduced anticipated costs. However, the requirements increase in Year 2 and the need for additional resources, while anticipated, needs to be addressed to satisfy permit requirements. As shown in the Stormwater Master Plan reviewed by the Board in July, funding the base program (existing efforts plus newly mandated programs) would require between $100,000 and $240,000 above existing funding levels. These funds are needed for some combination of staffing, consultant services and interagency agreements to satisfy permit requirements. Beyond this initial permit cycle, it is anticipated that maintenance of these program elements will be required under the next MS4 permit. At this time, it is not known if DEQ will add additional requirements to that future permit. County staff has investigated alternatives for the County to meet its permit obligations in the most cost-effective manner. Those included: additional staff, consultant services, expanded use of volunteers, and interagency agreements that would allow other local or regional agencies to manage some of the required programs for the County. After careful consideration, staff believes that using an interagency agreement with the Thomas Jefferson Soil & Water Conservation District (TJSWCD) provides the most cost-effective solution. Staff determined additional staff or consultant services would have significantly higher costs. Staff was not confident that a program relying on volunteers would guarantee regulatory compliance and, given the potential fines (up to $25,000 per day of violation), staff recommends a solution that better assures compliance. For this reason, staff has been working with the Thomas Jefferson Soil & Water Conservation District (TJSWCD) to develop a plan where that agency supports three of the six elements in the permit: 1. Public education and outreach on stormwater impacts 2. Public involvement and participation 3. Illicit discharge detection and elimination. TJSWCD prepared a proposal to perform these duties. The following was recognized by staff in recommending that TJSWCD perform these duties on behalf of the County: ? TJSWCD already has an educational program that can be expanded to dovetail quite well with the County’s permit commitments. ? The district is familiar with Albemarle County government operations, staff and citizens, and has a solid reputation in the community. ? The district already receives general program support from the County (and surrounding jurisdictions), and can leverage some of these funds toward helping with the new commitments in their proposal. Approximately $10,000 from TJSWCD’s current County allocation of $73,000 can be leveraged for the County agreement in the form of office space, utilities, clerical support, supervision and training. TJSWCD’s total operating budget for fiscal year 2004-05 is approximately $300,000, not counting grants and state cost-share funds. Under the proposed agreement, TJSWCD would perform most of the essential functions and labor-intensive tasks, while County staff verifies consistency with permit requirements. TJSWCD’s proposal is for two years: $47,900 for the first year, and $48,000 for the second year, for a total of $95,900. These funds are currently available in the Stormwater Control Fund and were anticipated to be expended on permit compliance. Once an agreement is in place, staff anticipates the County should be able to complete this five-year permit cycle without the need to hire additional staff for administration of the permit, though it is anticipated that other consultant services will likely be required in Years 3 through 5 for assistance with program needs. The County would administer the remaining three program elements. Two of those remaining elements are existing programs (construction site stormwater management and post-construction stormwater management). The last element -- pollution prevention and good housekeeping at municipal operations -- is being addressed by General Services under a Strategic Plan objective (Goal 2.3: Provide for environmentally-sensitive government operations at the local and regional level). September 1, 2004 (Regular Day Meeting) (Page 5) Staff recommends that the Board approve the expenditure of $95,900 for the County’s agreement with TJSWCD and authorize the County Executive to sign an agreement with TJSWCD in the amount and for the services described herein, after it is approved by the County Attorney. Discussion (: Mr. Boyd asked about the recommendation section in Item 5.5. He questions the amounts shown for the program. Mr. Tucker said the $95,900 is for two years. Staff is asking for approval of that amount, but only one-half of it will be appropriated in this fiscal year. Mr. Boyd said there is a five-year cost of $831,000 shown. He was trying to compare the cost of the two alternatives. Mr. Tucker said they are completely different programs. The $95,900 is for the County’s agreement with TJSWCD. The $831,000 is the estimate for the program over a longer period of time for stormwater needs. Mr. Rooker said it is not clear what the savings will be by using a Soil Conservation District contract as opposed to doing the work in-house with County staff or a consultant. Mr. Tucker said it is a matter of workload: can the work be done by the TJSWCD or should the additional workload be added to the workload of existing staff. It just depends on what the Board would like to do. Mr. Rooker said he thinks the proposal is reasonable. Mr. David Hirschman, Watershed Manager, said the $831,000 was the consultant’s estimate based on the assumption that the County would hire staff to fulfill this require. Staff thinks that amount can be lowered through a contract with the TJSWCD. Mr. Boyd said he actually read the staff report to indicate the cost would be that high. There was no dollar comparison. Mr. Tucker said because it is a five-year cost, staff does not have that comparison yet. Mr. Wyant said the TJSWCD is already set up for the education part, so the County would not have to set up the program. Mr. Hirschman said that is right. Mr. Boyd asked if this is a closed-end contract; is this contract for a specific dollar amount or is it cost-plus. Mr. Hirschman said it is a specific dollar amount for two years. The County is already one year into its MS4 permit so the contract could be renewed for an additional year or two. Mr. Boyd asked if the $95,900 is an exact number for the two years. Mr. Hirschman said it is.) By the recorded vote set out above, the Board approved the expenditure of $95,900 for the County’s agreement with TJSWCD, and authorized the County executive to sign an agreement with TJSWCD after the agreement has been approved by the County Attorney. __________ Item 5.6. Adopt Resolution of Intent to amend the Comprehensive Plan to incorporate the Stormwater Master Plan. It was noted in the Executive Summary that the Board has considered the Stormwater Management Program in three work sessions this year: ? On April 7, the Board learned about existing, mandated and expected stormwater programs, and discussed level of service issues. The chief mandated program is a storm sewer permit administered by the Department of Environmental Quality that requires the County to implement six stormwater program elements. ? On May 5, the Board heard a presentation on various funding options for the stormwater program. ? On July 14, the Board held a work session to discuss the funding options based on the level of service desired for the program and instructed staff to return with a Comprehensive Plan amendment to incorporate the stormwater master plan. The Board can consider a Resolution of Intent in anticipation of acting on a stormwater financing strategy as part of a more comprehensive discussion of urban infrastructure funding. In the meantime, amending the Comprehensive Plan will allow an integrated approach to stormwater management, allow the policies of the plan to be considered in conjunction with rezonings and special use permits in the Development Areas, and facilitate implementation of the Plan’s strategies. Staff recommends that the Board adopt the Resolution of Intent to amend the Comprehensive Plan to incorporate the Stormwater Master Plan for the Development Areas. By the recorded vote set out above, the Board adopted the following Resolution of Intent: RESOLUTION OF INTENT WHEREAS , Chapter 2 of the Comprehensive Plan, Natural Resources and Cultural Assets, has a section on stormwater management; September 1, 2004 (Regular Day Meeting) (Page 6) WHEREAS , stormwater management is a critical quality of life, public health and safety, and environmental issue in the Development Areas of Albemarle County due to existing and expected levels of development; WHEREAS , the Board of Supervisors has a strategic goal to “develop and implement policies that address the County’s growth and urbanization while continuing to enhance the factors that contribute to the quality of life in the County”; WHEREAS , a Stormwater Master Plan for the Development Areas has been completed with County and State funding to assess and prioritize streams, identify watershed projects, and identify funding options, and reports have been completed entitled “Stormwater Action Lists Report for Stormwater Management Master Plan” (January 2004) and “Stormwater Master Plan Funding Analysis” (April 2004); WHEREAS , the Board of Supervisors held work sessions on the Stormwater Master Plan on April 7, May 5, and July 14, 2004; NOW, THEREFORE, BE IT RESOLVED THAT for the purposes of further implementing the Stormwater Master Plan, the Board of Supervisors hereby directs the Planning Commission to prepare an amendment to the Comprehensive Plan by amending Chapter 2, Natural Resources and Cultural Assets, that incorporates the Stormwater Master Plan into Chapter 2; and BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on this proposed amendment, and make its recommendations to the Board of Supervisors, at the earliest possible date. __________ Item 5.7. County of Albemarle 2003 Development Activity Report as prepared by the Department received for information. of Community Development, __________ Item 5.8. Draft copy of Planning Commission minutes for June 8, June 15, June 29, July 13, July received as information. 27 and August 10, 2004, __________ received for information. Item 5.9. VDOT Monthly Report for September 2004, _______________ Agenda Item No. 6. Board-to-Board Presentation, School Board Chairman. Ms. Diantha McKeel, Chairman of the Albemarle County School Board, was present to give the presentation. Ms. McKeel said the School Division is in the beginning stages of the Strategic Planning Process. The school division’s strategic plan is about eight years old so it is being updated. Throughout this school year, Ms. Lori Strumpf of Strumpf and Associates will engage the School Board and Division staff, along with steering groups which are representative stakeholders from the community, in reviewing and studying educational trend data in order to update the division’s strategic plan. The focus groups have representation from a multitude of community organizations, including parent, religious organizations and civic groups. Through this process, a new strategic plan will evolve reflecting the future direction of public education for Albemarle County students. They hope to have this planning cycle completed by April, 2005. Ms. McKeel said the School Division had a successful opening day of school. With nearly 12,300 students returning, the division is within 99.6 percent of its projected enrollment for the school year. Enrollment will be finalized on September 30. Building Services worked hard to have the buildings and grounds ready for the first day of school. The Transportation Department has 163 buses traveling nearly 11,220 miles daily. Ms. McKeel said the preliminary SOL results have been received. Dr. Kevin Hughes has reported that 25 out of the 25 Albemarle County Schools are now fully accredited. This is based on staff’s analysis of preliminary SOL data. Ms. McKeel said the School Division recently received information about the schools making adequate yearly progress (AYP) under the federal No Child Left Behind Act of 2001. Yancey Elementary School met Adequate Yearly Progress based on the guidelines set forth by the Department of Education for small “n” schools. Three schools did not meet adequate yearly progress for this past year. Those were, Albemarle High School, Monticello High School and Walton Middle School. The school division had a press release which went into detail as to how much the sub-groups at those schools had improved, but listed the reasons why those schools did not meet the AYP. Mr. Boyd asked what that means to Albemarle schools. Ms. McKeel said there is no impact. The School Division does want to obtain the requirements and improve sub-populations, but the division is not at risk for having to transfer students to other schools, as has happened in the City. Dr. Kevin Castner said it does put those schools on notice that the constant pattern could cause consequences in the next two or three years. In each case, they are only one percentage point off. September 1, 2004 (Regular Day Meeting) (Page 7) Ms. McKeel said that several new administrators have been hired for the 2004-05 school year: Dr. Matt Haas as Principal of Albemarle High School; Mr. Joseph Chris Dyer as Associate Principal at Albemarle High School; Ms. Kim Cousins as Principal of Greer Elementary School; Ms. Jeanette Avery as Principal of Yancey Elementary School; and Ms. Clare Keiser as Assistant Principal of Henley Middle School. In addition, approximately 130 new teachers were hired for the school year, with about one-half of these new hires being new to the profession. Ms. McKeel said at its meeting on August 26, 2004, the School Board approved its biennial School Board/Superintendent Priorities for 2004-2006. Ms. McKeel said a new deputy clerk for the School Board has been hired. She is Ms. Christy Sinatra. Ms. McKeel said the School Division has established a new E-mail distribution system which is similar to the County’s A-mail. All Board of Supervisor members have been signed up for the service. Materials to be distributed through this system are the School Board meeting agendas and meeting briefs, and special announcements/media releases. There is also a contest going on now for a name for the service. Ms. McKeel said for summer school this year, the division had 17 schools running intervention/prevention programs as well as transition programs for 660 elementary students and 175 middle school students. Also, over 600 high school students attended summer school programs. Ms. Thomas asked if a major part of that was for the drivers’ education program. Ms. McKeel said at the high school level there are students taking drivers’ education courses and a good number of students attended in order to take classes and get credits ahead of schedule. The majority of students in the elementary and middle schools programs are there for interventions and remediation. She said there was some confusion on the part of the public as to the transportation provided. If an elementary or middle school student was required to go to summer school for some sort of intervention, then transportation was provided by the division. The high school students, who were just taking classes for extra credit or for drivers’ education, were not necessarily provided transportation. But, if any of these students lived on a route where a bus was already going, they could catch a ride. This was done as an effort to keep down costs. Ms. McKeel said the School Board looks forward to meeting with the Supervisors on October 14 for a meeting to discuss employee compensation. The School Board will be meeting with the Charlottesville City School Board on November 11 to receive an update on the Charlottesville-Albemarle Fund for Public Education and to receive an update on the “Teachers for a New Era” grant being shared with Charlottesville and the University of Virginia regarding teacher education. Mr. Dorrier said it was mentioned that students were within 99.6 percent of what was expected. He asked if that was spread evenly across the board in the school system. Ms. McKeel said “yes”, it was the projection for the school division. Mr. Dorrier asked if there are any anomalies. Ms. McKeel said there are some anomalies within. Dr. Castner said a couple of elementary schools that are 30 students down, and a couple of schools are 25 over the expected enrollment, but those numbers are still in flux. Mr. Dorrier asked about the high schools. Dr. Castner said the high schools look good. The area that threw the division off the most was kindergarten. The division is down 120 students. That is an area where the projections were based on data from five years ago. That is the most volatile area. The enrollment in the middle and the high schools was almost correct. He thinks that after Labor Day they will go over projections. Mr. Boyd asked if that trend in kindergarten has been going on for a couple of years. Dr. Castner said a lot of it has to do with housing. As housing gets pricier, there are not as many young families in the County. Mr. Boyd said that is why he was interested in that statistic. That is something this Board has a lot to do with. Mr. Rooker asked about the trend in grades 1 through 3. Are the numbers lower in elementary school as well, or is it just kindergarten? Dr. Castner said next month he will furnish information on the breakdown of students at each grade level. He does not have that information today. Once the student is in the system, projections are better. The trend data is not as clear. Mr. Dorrier thanked Ms. McKeel for the report. _______________ Note (: Mr. Bowerman said he had to leave the meeting in about ten minutes and asked if the Board would discuss Agenda Item No. 7b next. Mr. Dorrier asked Mr. Chuck Proctor from the Residency Office to give a report on the transfer of Mr. Jim Bryan to Richmond. Mr. Proctor said last Friday was Mr. Bryan’s last day in Charlottesville; he has been transferred to VDOT’s Central Office in the finance section. He and Ms. Teresa Butler will be filling in until the District Administrator appoints someone to take over the Residency. _______________ September 1, 2004 (Regular Day Meeting) (Page 8) Agenda Item No. 7b. Transportation Matters: Sun Ridge Road Improvement Project (RIP-99- 001). Mr. Tucker summarized the staff’s report, as follows: The Sun Ridge Road Improvement Project consists of resurfacing of rough roadway and installation of several culvert pipes to convey stormwater runoff. The roadway upgrades are necessary to allow this privately-maintained public road to be included in the State system. At the project’s 1999 inception, staff valued Phase I at $25,000, but due to a variety of reasons including additional scope and construction cost inflation, an additional $50,000 was approved by the Board at its July 7, 2004 meeting. Staff then attempted to procure contractor services; however, the lone bid was valued at 115 percent of funds granted for this project ($86,000). Staff attributes the lofty bid to a low supply of available local contractors. At the Board’s July meeting, two owners of three undeveloped lots located beyond the existing terminus of Sun Ridge Road reiterated their 1999 request to extend the proposed Phase I project by an additional 300 feet to allow for property road frontage. According to County Circuit Court Clerk records, a public right-of-way does exist allowing for possible roadway extension. This additional roadway project is known as Phase II. At the Board’s August 4, 2004, meeting, Mr. Bowerman noted that additional funding might be requested for this project. This item has been placed on the agenda for the Board’s discussion regarding additional funding for Phase I and for consideration of additional funding to complete Phase II, based on the feasibility assessment done by staff. Staff currently estimates that the cost of construction for Phase II would be $75,000. If a change is to be made for this project, staff believes procurement of Phases I and II together in the Fall will yield a greater economy of scale and more competitive bids. Staff requests that the Board provide direction regarding the possible addition of Phase II to this project. If Phase II is approved, a total project of $150,000 will need to be approved by the Board. If Phase II is not added to the project, staff requests approval of an additional $11,000 to complete the previously approved Phase I project. Based on the Board’s decision, staff will provide the appropriate approval forms on the consent agenda at the next meeting. Staff would note alternative funding options were previously provided to the Board as shown in the Executive Summary dated July 7, 2004. Mr. Bowerman asked if these funds could come from Rural Addition funds. Mr. Tucker said “no”, the funds would probably come from the CIP Fund Balance. Mr. Bowerman asked if the CIP funds could be used and then be restored from rural addition funds. Mr. Tucker said he did not think that was possible. He does not think the road would qualify for rural addition funds. Mr. Bowerman said the real issue is whether to extend the road 300 feet to the currently undeveloped lots. He believes it would take 10 years to recoup the money from taxes paid by those three houses. He is looking to the Board for direction. One thing mentioned in July was the possibility of a cost-share situation since this would benefit three additional lots even though they are privately-owned lots, and not owned by developers. Two people own the three lots. He does not know how the County would go about doing it this way. Staff had said some sort of process would need to be adopted if this were adopted as a policy. He asked that staff bring back some recommendation as to some way this could be done. Mr. Dorrier asked if the County faced the same situation concerning the dam in Key West Subdivision. Mr. Bowerman said they are both extensive projects. Mr. Tucker said the Board talked about developing a policy for dealing with these situations, but it has not been done at this time. A policy will be needed because he expects there will be other requests in the future. Mr. Rooker said he has received a copy of a report from the Albemarle County Service Authority and they allocated the expense of putting in a new water system in Farmington through a note option so the costs could be paid over ten years. That is something that could be looked at as a model. That was a need to upgrade infrastructure in a private area. Ms. Thomas said it was partly brought about because this Board was firm that it would not pick up the cost at public expense. It took the homeowners a very long time to agree that this was something in which they would share. She does not believe this would ever have happened if this Board had not consistently said “no.” Mr. Tucker said there are lots of alternatives that have not been analyzed yet. He thinks Mr. Bowerman asked for the information because if the Board agrees, the project would probably be rebid as a total project. He would not want the Board to adopt a firm policy on this matter until all issues had been worked through. Mr. Rooker said the Board needs to find a model that is workable and then use it on a consistent basis. September 1, 2004 (Regular Day Meeting) (Page 9) Mr. Dorrier said he thinks it is important to keep situations like this from coming up in the future. Some tools need to be in place to deal with such situations. Mr. Tucker said most requests like this one were created by things that occurred many years ago. Mr. Bowerman asked if staff could make some recommendation at the day meeting in October. Mr. Boyd asked if people can be forced to participate in shared agreements. Mr. Davis said he does not believe so. Sun Ridge Road was never taken over by VDOT. The road was dedicated to the County on the plat, but was never improved adequately. Mr. Tucker said he will suggest that the Board defer this matter until November. If possible, he will bring back a policy to discuss sooner. _______________ Agenda Item No. 7a. Transportation Matters: Criteria Utilized to Rank Secondary Roads. Mr. David Benish, Director of Community Development, said during review of the 2004-05 Six- Year Secondary Road Priority List, the Board raised the issue of the criteria-based rating system and asked staff to look into possible changes. The Board identified a few issues which the staff has attempted to address with some modifications to the ranking system. Mr. Benish said the Board had three specific concerns with the current system. In the staff report, staff provided comments for each of these concerns. 1) The rating system should reflect the number of residents on the road; 2) The cost of the project should factor into the ranking; and, 3) The length of time a project is on the Priority List. Mr. Benish said the current rating system has a criterion for the average daily traffic volume (see Attachment A of the staff’s report). To address possible inaccurate results from a traffic count, staff has added a category for the number of homes in the unpaved road (traditional and rural rustic roads) category. A lot of these are public requests which are based on there being a public nuisance. He said this is not a numerical, sophisticated type of weighting system which comes up with one score. It is a relative rating system that takes equal type projects and evaluates them on a fair plane. It is a tool which helps staff stay consistent as it looks at the rankings. It does not say one project is better than another. It is up to the Board to weigh the community value and decide which project should come first. This ranking system is used for about a dozen new projects each year. Staff recommends that the Board adopt the system so it can be used as it reviews the Six-Year Plan, a process which is just beginning now. Mr. Dorrier asked if there has been any coordination with VDOT on this rating system. Mr. Benish said staff originally worked with VDOT on the process and it seems to have worked well. Staff also worked with Mr. Wyant on the VDOT process. Mr. Wyant said he participated with staff working on this process. He has been thinking this could all be reduced to a flow chart where all criteria are shown. He thinks that would help the County because of the funds which it does not have for the Secondary System. Mr. Dorrier asked if this should be coordinated with VDOT. Mr. Wyant said “yes.” They have all the information about the road. He would like to help staff develop a flow chart. He thinks it would make decision-making by the Board easier. Mr. Juan Wade, Transportation Planner, explained how staff arrives at the priority list. After deriving that list, VDOT comes up with a financial plan. Mr. Boyd said he thinks a flow chart is a good idea. He was concerned about the thought process used by staff in putting together the list. He thinks the “growth management policy” is very important to a number of issues. He asked if there was by-right development occurring in an area not designated as a growth area, if that meant roads would not be paved in that area. Mr. Benish said if there was an unpaved road in the development area, the first level of priority would be to pave that road first. This last year, Polo Grounds Road (Route 643) wound up being a high priority roadway even though most of it lies in the rural area. Staff felt it met the growth management policy because it borders on the growth area. The principles being used to rank the roads allow staff to make such judgments. Mr. Boyd said rather then just presenting the Board with a priority listing of projects for the plan it would help him to have the staff’s rationale for the sequencing. He knows staff must use some discretion, but a note as to why a project is ranked a certain way would be helpful. Ms. Thomas said she did not see the length of time on the list included as part of the criterion. (Note: Mr. Bowerman left the meeting at 10:05 a.m.) She thinks that would help the public, homebuilders and a lot of people to understand the list. Mr. Benish said when staff ranks a project, unless there has been a significant change in circumstance, staff respects the priority of the project. Historically, it stays on the list and all new projects are prioritized behind that project. Staff maintains the integrity of that original project which allows it move sequentially through the process. There may be a way to reassess that as a factor. The sub-setting September 1, 2004 (Regular Day Meeting) (Page 10) system is one that tiers out into levels, so the history of the road has to be seen as the most important thing; otherwise it is not reflected until breaking out the criteria. Mr. Wyant said there could be growth in an area which required an improvement to the road, but the Comprehensive Plan does not recommend making improvements in the rural areas. Mr. Wade said that is something which is difficult to quantify. Last year the Planning Commission looked at the whole process. They also looked at what other localities do in the way of prioritizing road projects. He did not see any locality which included history on the priority list as part of their criteria. Staff can look at it, but he thinks it would be difficult to have that as a criteria. Mr. Benish said staff will look at the priority listing sheet during this next review. One thing that came up last time was understanding justification of the request. There is a lot of data on that sheet, so it is getting hard to follow. Staff will try to figure out a way to document justification for scoring. In the comments section, staff will try to identify the intent of the project. Mr. Rooker said he would like staff to consider factoring in volume and capacity ratios, at least in major reconstructions and spot improvements. If a road is currently way over capacity ratios, something needs to be done to improve that roadway. Also, he thinks key safety issues should be dealt with first. Bridge replacements are a part of that category. He also questions whether the County could get additional funds outside of Secondary Road funds for things like bridge replacements when they have acute problems. Mr. Chuck Proctor said that is not possible now. On primary roads, part of the money taken from the budget this year went into the bridge maintenance budget. Right now, most of the bridge replacements on primary roads are being funded with Federal money. Mr. Rooker asked if there were a problem with a bridge on a secondary road if that money would come out of the County’s Secondary Road budget. Mr. Proctor said “yes.” There is an effort to get Federal money for secondary bridge projects. There was mention of taking that section of the budget and moving it into a separate section in the Secondary Six-Year Plan. Mr. Tucker said staff has a lot of work to do on this subject; it will be brought back to the Board for further discussion next month. _______________ Agenda Item No. 7c. Transportation Matters not listed on the Agenda. Mr. Chuck Proctor said the Route 29 southbound lanes at Hollymead are open. He has talked with the contractor, and any more work requiring closing of lanes will have to be done at night so there will not be traffic delays in those lanes. They will continue using lane closures in the northbound direction because that does not seem to be a problem. __________ Mr. Wyant said he is going to talk with VDOT about some drainage issues. He had several citizens call him after they learned he had worked for VDOT. __________ Mr. Wyant said he would like to discuss a sight distance and speed limit issue in the Advance Mills/Earlysville area. __________ Ms. Thomas said she had discussed with Mr. Jim Bryan the Tilman Road/Route 250 intersection. He asked her to ascertain exactly what the neighborhood wanted. There was a fatal accident at that intersection and then a serious accident just six weeks ago. There has been a neighborhood association meeting and about 30 people were present. By a show of hands they favored a full traffic light. Then it was mentioned that a traffic light will not prevent fatal accidents. People then thought about having a traffic light on Route 250 causing more cut-through traffic on Morgantown Road. She said people are certainly in favor of something being done about that intersection. Ms. Theresa Butler said information was submitted to VDOT’s Culpeper office on June 1 and as soon as a response is received by her, she will forward it to the Board. __________ Ms. Thomas thanked VDOT for installing the special speeding fine signs on Morgantown Road. She said they may be a little too discreet. The school has been asked to send notices home with their students so all families using that road will be aware of this fine. Mr. Boyd asked for feedback on measuring the effectiveness of the fine. Mr. Wyant said the sight distance on Tilman Road at that intersection is not good. It might be possible to make some other changes to help the situation. Ms. Butler said Mr. Bryan had asked VDOT for an entire intersectional review; he did not limit the possible corrections that might be considered. __________ September 1, 2004 (Regular Day Meeting) (Page 11) Mr. Rooker thanked VDOT for its participation in signage for the Albemarle County Fair. ___________ Mr. Rooker said he had talked with Ms. Butler earlier today about sidewalk maintenance and litter problems. Ms. Butler said VDOT has been actively meeting with residents regarding the litter problems on Route 250 and Route 29. She said VDOT is short staffed, but it supplements its effort with contract forces who only work two or three times a year picking up litter as they mow. To supplement this, she has created a litter pick-up contract and it is in the process of being finalized. She said Mr. Rooker gave her some recommendations as to the roads he would like to have included. Ms. Thomas said when she was in California she noticed that they allow businesses to includes their logos on signs. She thinks that might be more effective than the name of the company doing the pickup, and she thinks that might encourage more companies to participate in the Adopt-A-Highway program. Ms. Butler said they recently contacted everyone who had adopted a route to see if they wished to continue participating in the process. They are waiting for replies. They hope to join with the Albemarle County Public Relations department to get some interest in the program. __________ Ms. Butler said that during the next year the Hatton Ferry will be operable on Fridays, Saturdays and Sundays which will allow some schools to participate because of its historical significance. _______________ Agenda Item No. 8. Key West Dam Repair Alternatives, Discussion of. Mr. Tom Foley, Assistant County Executive, said that in May of 2004 the Ridge Home Owners Association of Key West Subdivision asked the County to find a remedy to address the potential failure of a dam which supports a portion of Key West Drive that provides the primary means of access to 20 dwellings and the recreation center north of the Key West Drive/Northwest Lane intersection. Staff did evaluate the condition of the dam and determined that there was no imminent threat of failure, but it certainly needs to be repaired. Mr. Foley said in June of 2004, information regarding the condition of the dam was presented to the Board and staff was directed to explore possible alternatives to address the problem. Kimley-Horn and Associates was retained to review existing conditions and provide possible options to address the problem. What has been presented to the Board today is the result of the engineer’s work. They identified five possible options to properly repair the dam. In addition to addressing concerns with the dam, the road was also addressed. However, the road was not the primary concern of the residents who brought this matter to the attention of the Board. Mr. Foley said that recently staff and Mr. Boyd met with some residents of Key West to discuss the options and get feedback from those residents. Based on their comments and staff’s review of the alternatives, it was decided that this should not become a road project as well as a repair project for the dam. Option 1 to improve the dam and upgrade the Key West Drive roadway for VDOT acceptance, and Option 2 to drain the Key West Lake and upgrade the Key West Drive roadway for VDOT acceptance, cost more than twice that of the other options. Also, Option 1 would require an additional access road which would require an easement from a property owner who is not interested in providing an easement. That additional access road would also have to be upgraded so it met some VDOT standard. There was uncertainty as to whether DEQ would approve draining the lake as set out in Option 2. Draining the lake would require that an easement be obtained from the property owners whose land extends into the middle of the lake, and those property owners are opposed to that option. The community sees the lake as an amenity and for that reason did not want to see that option pursued. Mr. Foley then referred to the remaining options: Option 3 was to improve the dam but not upgrade the Key West Drive roadway for VDOT acceptance, but to level control the structure with a riser and trash rack; Option 4 was to drain the Key West lake but not upgrade the Key West Drive roadway for VDOT acceptance, with the stream running through a culvert; and Option 5 was to improve the dam but not upgrade the Key West Drive roadway for VDOT acceptance, but to level control with RCP barrel pipes at the existing level. He said Option 4 has the same concerns about draining the lake, including the possible difficulty of getting a permit, easements and opposition from the community. That leaves Options 3 and 5 and the engineers did not recommend Option 5. Staff did discuss Option 5 which would cost $50,000 less but there would be increased maintenance associated with the option. Mr. Foley said that leaves Option 3. Staff wanted to give the Board a full range of options to consider. Staff supports Option 3 and recommends implementation of Option 3. If the County spends money to make the repair, the County would then become obligated to take care of the dam in the long term. The residents support Option 3 and their support includes commitment to continue to maintain that road so it would not become a County cost in the future. Mr. Foley said staff discussed road dedications with the County Attorney. In this case he basically determined that the County owns the road and the land underneath it including a portion of the dam. If the County goes ahead with the projects, easements will have to be obtained just to work on the dam. He said it is up to the Board to pick an option, but the larger policy question is how to proceed with any one of the options in terms of paying the costs and the County’s position in the future. September 1, 2004 (Regular Day Meeting) (Page 12) Mr. Foley said staff had developed three alternatives. One would be to let the residents of the subdivision be responsible for the project. They would need approvals from the County for the construction, but they would be responsible for the construction and ongoing maintenance/operation of the dam. Second, the County would do all of those things. The County would do the construction and the ongoing maintenance/operation of that dam. Third would be for the County to enter into some kind of a cost-sharing agreement with the residents. To some degree the residents are already committing to continue maintaining the road, but the real focus is on the dam. It is staff’s recommendation to implement Option 3. Staff is requesting directions from the Board on how to pay for the project. Mr. Dorrier asked if the dam serves any functional purpose other than having a roadway across it. Mr. Foley said it serves no purpose other than providing an amenity for the community. It basically just allows access for those living in the subdivision to the clubhouse. There may be some people who use the lake for boating activities. Mr. Boyd said some citizens just entered the room so they missed the conversation about the prior agenda item. It might be good to mention that project again since it is similar to this one. The Board had discussed how to pay for that project on an ongoing basis when there is a community which has problems with roads, ponds, etc. He said on that project, the Board sent it back to staff to come back with some possible cost-sharing arrangement. He assumes this Key West project would fall in the same category. Also, Mr. Rooker had related a story where residents in Farmington came together to share in a project related to their water system. Mr. Dorrier said that discussion concerned Sun Ridge Road and the Board will be discussing it again in November. The Board is dealing with a policy decision on how to pay for these improvements. Mr. Boyd said Mr. Rooker had said earlier that the time to deal with road issues is when there is acute danger. That concerns him in this case because there are school buses which cross this dam. Also, a lot of kids ride their bicycles up and down the road. Mr. Foley said as staff has been looking at infrastructure issues, it has looked at roads as a separate item from other major pieces of infrastructure like a dam or a bridge. The criteria might be different. Staff will focus on the road issues in the recommendations it returns in November. There might be some unique considerations for dams, or bridges in subdivisions. Ms. Thomas asked if there is any idea of how many dams there are in Albemarle County. Lakes and ponds are increasingly popular in new subdivisions. She thinks there are a lot of dams which are 20 or 30 years old. Mr. Foley said different subdivisions have different arrangements. Staff will have to do some research to come up with assumptions on a range of costs. Ms. Thomas said she believes that all ponds and lakes in Albemarle County are artificial. There are only two lakes in the state of Virginia that are not artificial. Mr. Dorrier asked how much control the County has over the creation of lakes and ponds. Mr. Tucker said most of those are done through the TJSWCS as well as DEQ. Most are farm ponds. There are not many lakes and ponds where there are roads. This situation in Key West is unique. Most roads that are going below a dam could be in the State system. For the Hollymead Lake, that road was approved after a great deal of time, but the County is responsible for the road if the dam ever washes out. This road in Key West is unique because the right-of-way was dedicated to the County. That is how the County became obligated. Staff will have to investigate to determine the number of such situations in the County. Mr. Boyd said if the County would be obligated to replace the dam in Hollymead, what is the difference in this situation? Mr. Davis said at Hollymead, under current VDOT requirements VDOT only accepts the road’s surface, and even before doing that, VDOT requires the County to enter into an agreement with VDOT to maintain under the road surface or the dam. That is the only agreement the County has of that type. Mr. Boyd said he thinks the Key West Association would make that same argument; they only agreed to maintain the road and not the dam. Mr. Rooker said this is a subdivision where initially people put in private amenities and what may have been private roads at the time; some of those roads have remained private and some have been dedicated and taken into the VDOT system. The Board, after discussing the situation with Sun Ridge Road, needs to find a way to deal with these in a fair, equitable and consistent manner. There would then be some model for handling future requests. Mr. Foley said earlier that staff assessed the dam in Key West and found no imminent threat of collapse. If there were, the Board would need to deal with that threat. He thinks it would be prudent to have this be a part of the recommendation the Board expects to receive in November about Sun Ridge Road and a general policy to deal with these issues. Mr. Boyd said there may be no imminent threat, but if there were a situation such as that which occurred in Richmond this past week, would the assessment still be the same. Mr. Rooker said that in that situation (12 inches of rain in eight hours), there would have been problems all over the County. September 1, 2004 (Regular Day Meeting) (Page 13) Mr. Tucker said in Key West, if the dam washed out, there would be 22+ homes with no access to their homes. In Hollymead, if the dam ever washed out, there are other means of access to their homes. Mr. Dorrier said if the County is to be involved in paying for such projects, the County should also have some input into the initial construction of these ponds. Mr. Tucker said when lakes are proposed in subdivisions, the County is involved. Mr. Davis said for a subdivision proposal today, staff would do everything possible to avoid having a dam built. Mr. Wyant said VDOT is not likely to ever take the road into the system because it does not want the problem the Board is faced with today. Mr. Boyd said he knows there are some people present who would like to speak. Mr. Dorrier said the Board is pressed for time today. He asked if just one person from the Key West group would like to speak. Mr. Ken Sinclair thanked the Board for the professionalism and the care of County staff. They have received personal visits a number of times from staff members. The responsiveness and professionalism of the County’s approach to analyzing this problem and coming up with a solution has opened his eyes as to how County government operates. He said that in looking toward the future they commend the idea of having a plan in place for maintaining these things. One other thing that has not been mentioned is the nature of the capacity of the residents in the area to deal with the problem. It really is a county-sized problem in terms of the physics and the permitting because the entire scope of the project requires the powers and resources of the County. Mr. Sinclair said the Board should be aware of the resources available to the residents. There is no community association with a declaration in place for the 200+ homes in Key West and there is no enforceable means to come up with money to contribute to this process. He said that road existed as a gravel road serving the 23 homes whose residents have to cross the dam to get to their homes, plus the swim club. It was in existence when the subdivision was first platted in 1959, and 27 years later the developer came to those who live at that end of the road and said he was willing to pave the surface if he could be taken out of maintaining the pavement. At that time, 19 of the 23 homeowners at that end of the road agreed to sign a declaration, which was then filed with the land records, saying they would maintain the surface of that road. They have done so for these many years, and just resurfaced and patched the bottom half of the road a few months ago. Mr. Sinclair said the only Association in Key West is the 19 families which agreed to maintain the paving 25 years after this thing started. It does not have any members from the broader Key West community and it does not reflect the fact that the end of the road the County is focused on is used by many public services and by hundreds of people going to the club. Also, it is an amenity for the six homes that face that body of water. Only one of those six homes is a member of the road maintenance association to which he referred. Only one of the six properties fronts on Key West Drive. The Key West Club uses it a lot, but they are a cash poor community swim club looking to repair their 34 year old pool. If the Board chooses to go forward with some project which does not bring the road up to VDOT standards, he can say that with respect to maintenance of the road itself, the Association that has done this for the last 18 years will continue to maintain the surface of the road. Mr. Dorrier asked what the Board wanted to do with this request today. Mr. Boyd said he understands Mr. Sinclair said this would be a tremendous burden on those few people. He thinks there needs to be a policy and it should be done soon. As that policy is constructed, he thinks the size of the neighborhood being affected and the number of people being affected should be considered, as well as capability for enforcement. He agrees this is a county-sized problem. Ms. Thomas suggested selecting Option 3 and letting staff go forward drafting the policy. Mr. Boyd said he thinks that is the appropriate option. Mr. Dorrier recognized Ms. Pat Keats. Ms. Keats said that three months ago she brought this matter to the Board’s attention again. She thinks it is impossible to assess imminent danger at this time. Looking at the pictures from the engineers of the inside of those pipes, those pipes cannot be working. The bottoms are gone. Pipes are already collapsing. The idea of pushing this dam project off for a policy decision is frightening to her. VDOT looked at the drip line and there are root balls from the huge trees on this dam that are potentially across the entire dam, and during this hurricane season, it would only take one tree to go down and rip the dam out. Postponement for policy decisions scares her. Mr. Dorrier asked if the engineers agree with Ms. Keats. Mr. Foley said he does not believe the engineer’s report states that if a tree came out it would cause that kind of problem. If there were the unexpected one hundred year flood, there are a lot of dams that would be at risk. It does not mean there is no risk involved. September 1, 2004 (Regular Day Meeting) (Page 14) Mr. Rooker said even if staff starts working on this today, it would not be completed before the end of hurricane season. There will clearly be something done before the next hurricane season, but it will take six to eight weeks to develop the criteria. Mr. Boyd asked what the Board would do if the dam had already washed out, and the Board was facing that decision today. Mr. Foley said if there are any significant events, or even mildly significant events, County staff can inspect to be sure the dam is not deteriorating to the point of there being an imminent crisis. There are some immediate measures that could be taken if that situation occurs. He said erosion is the real issue. The pipes are not working as designed. It is in an overflow situation which is causing the erosion. Staff can commit to monitoring that situation during this period of time. Mr. Wyant explained some of his professional experiences with such structures. He said this dam has been in place for fifty years, so he feels good about it. He will ask staff to look at what is referred to as “value” engineering. He sees a lot of costs in the report that he does not believe are necessary. The dam has been there for fifty years so there is a sound geological formation there that works. Some value engineering should be done on the project by going line by line. He thinks Option 3 is the best option from a cost standpoint as well as from an engineering standpoint. Mr. Boyd asked if there is anyway staff could escalate and concentrate on this project because it is an earthen dam. Mr. Tucker said staff will try to have something ready for the October 6 meeting. It might not be “the” policy that is adopted for all things. Mr. Rooker said he thinks it would be important to know how many situations are virtually identical to this one in order to understand the scope of financial commitment the County might be making in adopting a policy. Mr. Wyant said if this dam goes out there should be a Plan “B”. He does not know what that plan would be in this case. How would those people get to their houses in an emergency situation? Ms. Laurel Olsen said she is a single mother with a child and they have to cross over the dam every day. There is concern about the safety issue. She cannot comment on the financial conditions of the other families on the street, but she cannot contribute to the process. As the Board considered this problem it might want to consider the financial means of the other people on the street. It is a unique situation, but she thinks it will have a bearing on whether it is reasonable to ask for a cost-sharing portion. She heard that the pond belongs to the County. She said that on her property if she poses a public threat, she is responsible to do something about it. She thinks that if the County owns the pond and most of the dam, it also owns the problem. Mr. Rooker said the County does not own the pond. Ms. Olsen said it is off of the County tax rolls. Mr. Tucker said the properties adjacent to the pond go to the center of the pond, so the adjoining property owners own that pond. _______________ Agenda Item No. 9. Public Hearing: To receive comments on an Ordinance to amend Chapter 15, Taxation, Article X, Real Estate, of the Albemarle County Code, by adding Section 15-1004, Property exempt from taxation by classification, and Section 15-1005, Property exempt from taxation by designation. The amendment would establish and continue in Albemarle County retroactive to January 1, 2003, the property tax exemption classification standards that existed by state law prior to the amendment of Article X of the Constitution of Virginia effective January 1, 2003. The amendment also would establish the process for eligible properties to apply for property tax exemption by designation. (Public hearing was advertised in the Daily Progress on August 16 and August 23, 2004.) Mr. Tucker said that in November, 2002 Virginia voters in a referendum approved an amendment to the Virginia Constitution that shifted the responsibility for granting most property tax exemptions from the General Assembly to the localities. Since then, the General Assembly has enacted Virginia Code § 58.1-3651 to outline the circumstances and procedures under which localities may grant property tax exemptions. Though Virginia Code § 58.1-3651 effectively grandfathers property tax exemptions existing as of January 1, 2003 (when the Constitutional amendment took effect), it does not address properties seeking exemption after that date. Unless a property is constitutionally exempt (such as government, religious, cemetery or educational property), any and all post January 1, 2003, exemptions must be granted at the local level, either by designation (specifically naming the organization and property) or by classification (exempting the general class or use of property). Mr. Tucker said that in responding to this shift in tax-exempting authority, the Board has at least three options. The first option within the Board’s discretion is to do nothing. A second option is to adopt a local ordinance to address how properties desiring tax-exempt status may become exempt. A third option would be to adopt some but not all of the pre-existing classifications. Staff recommends the second option: the adoption of an ordinance to exempt all classifications of property that previously existed on the state level. This approach maintains a continuity of how properties are treated for tax-exempt purposes, and allows new property obtained by owners who would have qualified for tax-exempt status in 2002 by classification to qualify for tax-exempt status for the newly-acquired property. After holding the public hearing, staff recommends that the Board adopt the ordinance which continues Albemarle County’s current policy for addressing tax-exempt properties retroactive to January 1, 2003. September 1, 2004 (Regular Day Meeting) (Page 15) Mr. Tucker said the County Attorney had passed around a copy of a new draft of the ordinance. The language has not changed from what was included in the Board’s packet, but the code sections have been corrected. Mr. Davis said that rather than incorporating it into an existing article, after staff looked at the ordinance, it made more sense from a codification standpoint to print a new Article 16 called “Property exempted from taxation.” The text that was before the Board has been incorporated into two new sections under this article. Mr. Dorrier opened the public hearing. With no one from the public rising to speak, the public hearing was closed, and the matter placed before the Board. Motionseconded was offered by Mr. Rooker, by Mr. Wyant, to adopt An Ordinance to Amend Chapter 15, Taxation, of the Code of the County of Albemarle, Virginia, by adding Article XVI, Property Exempted from Taxation, Sec. 15-1601, Property exempt from taxation by classification, and Sec. 15- 1602, Property exempt from taxation by designation. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Dorrier, Mr. Rooker, Ms. Thomas, Mr. Wyant and Mr. Boyd. NAYS: None. ABSENT: Mr. Bowerman. Note (: The ordinance, as adopted, is set out in full below.) ORDINANCE NO. 04-15(1) AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, 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 15, Taxation, is hereby amended and reordained as follows: By Adding: Article XVI Property Exempted From Taxation Sec. 15-1601 Property exempt from taxation by classification Sec. 15-1602 Property exempt from taxation by designation CHAPTER 15. TAXATION ARTICLE XVI. PROPERTY EXEMPTED FROM TAXATION Sec. 15-1601 Property exempt from taxation by classification. A. Pursuant to the authority granted in Article X, Section 6 (a) (6) of the Constitution of Virginia to exempt property from taxation by classification, the following classes of real and personal property shall be exempt from taxation: 1. Property owned directly or indirectly by the Commonwealth, or any political subdivision thereof. 2. Buildings with land they actually occupy, and the furniture and furnishings therein owned by churches or religious bodies and exclusively occupied or used for religious worship or for the residence of the minister of any church or religious body, and such additional adjacent land reasonably necessary for the convenient use of any such building. 3. Nonprofit private or public burying grounds or cemeteries. 4. Property owned by public libraries, law libraries of local bar associations when the same are used or available for use by a state court or courts or the judge or judges thereof, medical libraries of local medical associations when the same are used or available for use by state health officials, incorporated colleges or other institutions of learning not conducted for profit. This paragraph shall apply only to property primarily used for literary, scientific or educational purposes or purposes incidental thereto and shall not apply to industrial schools which sell their products to other than their own employees or students. 5. Property belonging to and actually and exclusively occupied and used by the Young Men’s Christian Associations and similar religious associations, including religious mission boards and associations, orphan or other asylums, reformatories, hospitals and nunneries, conducted not for profit but exclusively as charities (which shall include hospitals operated by nonstock corporations not organized or conducted for profit but which may charge persons able to pay in whole or in part for their care and treatment). 6. Parks or playgrounds held by trustees for the perpetual use of the general public. September 1, 2004 (Regular Day Meeting) (Page 16) 7. Buildings with the land they actually occupy, and the furniture and furnishings therein belonging to any benevolent or charitable organization and used by it exclusively for lodge purposes or meeting rooms, together with such additional adjacent land as may be necessary for the convenient use of the buildings for such purposes. 8. Property of any nonprofit corporation organized to establish and maintain a museum. B. The real and personal property of an organization classified in Virginia Code §§ 58.1- 3610 through 58.1-3622 and used by such organization for a religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purpose as set forth in Article X, Section 6 (a) (6) of the Constitution of Virginia, the particular purpose for which such organization is classified being specifically set forth within each section, shall be exempt from taxation, so long as such organization is operated not for profit and the property so exempt is used in accordance with the purpose for which the organization is classified. C. Property which was exempt from taxation on December 31, 2002, shall continue to be exempt from taxation under the rules of statutory construction applicable to exempt property at the time such property became entitled to exemption. D. Exemptions of property from taxation granted under this section on or after January 1, 2003, shall be strictly construed in accordance with Article X, Section 6 (f) of the Constitution of Virginia. Sec. 15-1602 Property exempt from taxation by designation. Property not granted tax-exempt status prior to January 1, 2003, can be granted tax-exempt status by designation only by the adoption of an ordinance by the board of supervisors granting the exemption. The adoption of such an ordinance shall be pursuant to the provisions of Article 4.1, Chapter 36 of Title 58.1 of the Code of Virginia applicable to the exemption of property from taxation by designation. State law reference—Property exempt from taxation by classification or designation by ordinance adopted by local governing body on or after January 1, 2003, Va. Code § 58.1-3651; Va. Code § 58.1-3606. Pursuant to Enactment Clause 2 of Chapter 557 of the 2004 Acts of Assembly, this ordinance shall be effective as of January 1, 2003. __________ Note (: At 11:00 a.m. the Board recessed and reconvened at 11:10 a.m.) _______________ Agenda Item No. 10. Total Rewards Program, Report. Ms. Roxanne White, Assistant County Executive, was present. (She used a PowerPointe presentation during her talk.) She said that in June, 2003, the Board directed staff to begin review of the County’s reward and performance system to ensure that they were aligned with its high performance strategies for customer service. Those strategies are to provide effective, responsive and courteous service to the County’s customers, improving processes and programs and the delivery of efficient and effective County services. To study these issues, a cross-departmental team was formed, which consisted of one member of the Board of Supervisors (Mr. Wyant), staff members from various departments and a community representative. Today, staff would like to review the need for the Total Rewards Program, to explain some of the strategies which were identified and evaluated during this process and to recommend four strategies to help move forward. Ms. White said it is expected that County employees will provide the highest level of performance and service, so it is critical to make sure there is a system in place to link performance with rewards. “Rewards” is not simply speaking about an increase in pay, or increasing awards, but the ability for the public sector to have the flexibility to reward high performers with appropriate and timely rewards. At this time, the current merit system does not reward for performance. The system does not reward team values and accomplishments or allow people to grow based on their accomplishments and skills. It is difficult to have pay based on someone’s changing responsibilities which may be temporary. The system does not utilize other rewards outside of pay. Ms. White said this proposal to adopt the total rewards program is a strategy for accomplishing the Board’s strategic goal to provide courteous and effective service to the County’s customers. She then introduced Mr. Dan Eggleston, one of the team members. Mr. Eggleston said he was a team member and they went through a very good and thorough process. They had help from a consultant, but they also looked at some best management practices of other localities including Charlotte, N.C., and Chesterfield County. These localities are already doing some of the things which will be recommended today. The team also validated some of the employee surveys with the focus group. Over 86 percent of the people who responded to the survey said the performance process needed to be revised. September 1, 2004 (Regular Day Meeting) (Page 17) Mr. Eggleston said Proposal No. 1 includes merit pay, as well as skill and competency awards which are proposed for the next fiscal year’s budget and later a pilot program to include “broadbanding.” The objective on the employee recognition program is to create a set of tools for managers and directors to give “on-the-spot” awards to employees. They do not have that ability now. This will involve both cash and non-cash awards. He said it is a simple process to implement and will give directors and managers that flexibility. In order to qualify, an employee would have to have exceptional performance beyond the call of duty; have helped to create a reduction in operating costs; have quality and/or a productivity improvement; and, have excellence in creating safe work practices. Mr. Eggleston said as to reward types, there could be non-monetary recognition with minimal cost which could include thank you cards, letters of appreciation, a designated parking space, and web/newsletter recognition. He said directors do this now, but they take the money out of their own pocket. Time-off from work is valued higher by some employees than cash bonuses. This program needs to be structured so that it gives results. Mr. Eggleston said skill and competency levels are also referred to as “pay-for-value” by some organizations. He said this is being done at this time on a trial basis in public safety and it is working well. It is used in some of the benchmark localities, and it assigns values for certification of things employees can do such as attain job-related skills, such as licensing, certifications or completion of formalized training. Skill-based pay rewards are specific, specialized skills that improve an employee’s ability to perform their job and provide increased value to the County. Mr. Rooker asked if something like this were implemented, if it would be applied throughout the organization. Mr. Eggleston said there are several options for having skill and competency-based differentials. Before adopting something like this it would have to mean something to both the organization and the employee. Mr. Wyant said some of these could be countywide, but others would apply only to specific departments. Mr. Wyant said this program does not include the Schools. Mr. Tucker said this idea was moving along so rapidly the Schools were not sure they wanted to join at this time. They will monitor what is being done, and may join later. Mr. Boyd said this could not be countywide because there may not be certification for every job classification. Mr. Eggleston said certain certifications are expected as part of a job. The certifications being looked at in this program will have a higher value than the base certifications needed to perform a job. He said another item looked at is “broadbanding.” Broadbanding is a compensation and classification system that provides greater flexibility for career and skill development by grouping jobs into wide pay bands. He said this could be applied in the case of an office associate position which had a wide range of skills in certain departments. This would allow creation of a broader pay scale for that person based on the complexities of the job. At this time there are a large number of reclassification requests because there is not the flexibility to move certain positions such as an Office Associate I to an Office Associate II to an Office Associate III. This would allow the directors and the Human Resources department to move that person on the scale based on the complexity of the job. Mr. Rooker asks who signs off on reclassification requests now. Mr. Eggleston said the County Executive approves the request. Mr. Dorrier asked if current employees are given preference for vacancies. Mr. Tucker said not necessarily, normally vacancies are opened to everyone in the community. Mr. Rooker asked what the process would be if broadbanding were adopted. Ms. Lorna Gerome said broadbanding is a different pay structure, so anchors have to be designed setting out at what point an employee would be moved upon acquiring skills or competencies. There is a lot of development which goes into broadbanding, but it does allow more flexibility. Mr. Boyd said he thinks broadbanding would solve a lot of the spot fixes being done now. The idea is now new. It is widely used, including the University of Virginia, so he was surprised to hear it would take three to four years to install the program in Albemarle. Initially he thought it would be better to focus attention on that program rather than trying to do spot fixes. Ms. Gerome said so much accountability is given to managers by broadbanding that other structures, such as performance management, have to be tightly in place before the program can be implemented. Mr. Boyd asked if it is a training issue. Ms. Gerome said it is both training and communication. Mr. Wyant said the team spent one whole session on this idea because it is something the team wants to do, but implementation was the big drawback. That is why it was recommended to take place a year or more in the future. Mr. Tucker said the Schools (classified employees only) may want to be a part of this program. Ms. Gerome said it is being seriously considered; it does not need more assessment. September 1, 2004 (Regular Day Meeting) (Page 18) Ms. Gerome said she would speak about the current merit system. She said it is complex and difficult to understand. There are four factors that go into the merit formula: an employee's performance evaluation rating, an employee's salary in relation to the midpoint of their pay grade, the merit pool percentage increase, and the available funding within their departmental pool. There are different funding pools set up either by department or by division. There is no way an individual manager could tell an employee the amount of his increase. There are a lot of weaknesses with the current plan. There is a small pool amount and it does not adequately differentiate performance. Because there is a variable pool, employees cannot see the link. Managers have no flexibility in rewarding with the current merit. Performance ratings are inflated to maximize the increase. Human Resources ran some data this year and found that a high number of employees are being rated as exceptional based on the limited amount of funds in the pool. Mr. Rooker asked how that situation is dealt with in any system. He said there was total inconsistency among departments as to how they rated their employees. Ms. Gerome said training and accountability, having a director meet with all of their managers and insure there is consistency, and having the next higher level review the performance evaluation scores. That is the way accountability has to be all the way through the organization so if a manager gives an exceptional rating, they need to be able to justify that score to their supervisors. The team talked a lot about this. Ms. Gerome said the current merit plan is not consistent with the joint Boards adopted strategy to pay employees at market. The data they ran this year showed that some of the top performing employees were not receiving a market increase. Employees above the mid-point who met expectations got a little over two-percent where the market increase was three percent. The employees who did a great job got about 3.4 percent. The team looked at a revised merit plan based on a matrix tied to a market increase, tied to a base salary, and which also had a performance evaluation factor built in showing where an employee was is in relation to mid-point. Ms. Gerome then discussed the revised merit program in relation to the current merit program. There are some things about the current program that the team wanted to keep. Accelerating employees to the midpoint is important for purposes of retention. Tying a performance evaluation score in is a critical factor. Having employees know the amount of their increase allows them to see the tie between performance and reward. Keeping employees at market and adequately differentiating among performance is necessary. She said the team believes the proposal will do those things. Budgeting will be more complex with this option because they will have to use forecasting. Mr. Boyd said he was bothered by the budgeting issue when he read the charts included with the executive summary. He does not understand how this proposal will keep salaries at the midpoint. He asked if market is midpoint. Ms. Gerome said “yes.” They try to accelerate the salaries of those employees who are below the midpoint. One reason they are below midpoint is because they probably do not have much experience. Mr. Boyd asked how that would be different under this proposal. He asked if trying to adjust salaries to the midpoint is what made the current merit plan process unfair. Ms. Gerome said the current plan does accelerate employees to the midpoint. Mr. Boyd said that uses up the money for those who give exceptional performance. Mr. Tucker said it does. Mr. Boyd asked if that is being done away with totally. Ms. Gerome said they are doing away with the pool. Mr. Tucker said staff will be proposing a larger pool. Mr. Boyd said that bothers him a little. There could be a 33 percent increase in the salary allocation. Ms. Gerome said the strategy is to pay employees at market, and that was not being done with the current funding of the program. Mr. Boyd said he thought the County was paying at market, the existing system worked in that regard. Mr. Rooker said that is not 33 percent of total salaries, but 33 percent of the merit component. Ms. Kimberly Suyes, Human Resources Director, said they want to pay for exceptional performance. There needs to be a merit process that will allow that. If there is an exceptional performer now who is over the midpoint, length of service is actually a detriment to them and they do not receive what the Board wants them to receive. Specifically, one thing wrong with the present system is the inflated evaluations. She said organizations have been successful in being sure that people are evaluated correctly with the right processes in place. She said the three-point measure being used now is not working because people are inflating and giving everyone three. A lot of that is because the pool is not adequately funded. The evaluation system needs to be tweaked so it can better evaluate people’s performance. But, people who are above midpoint because they have been employed longer are still rewarded for that performance. Mr. Boyd said he was not questioning the need, but did not see the difference between the two systems and how that could be done. People will still top out on the pay scale eventually, unless there is broadbanding. How is this new proposal going to help that? September 1, 2004 (Regular Day Meeting) (Page 19) Ms. Gerome said the scale does move, so they would be looking at the percentage increase they would receive because it would be fixed and tied to the market increase. She then referred Mr. Boyd to a matrix included in the Board’s paperwork. Ms. Suyes said only a half-dozen employees have reached the top of their pay scale. Mr. Rooker asked the total amount allocated to merit pay last year. Ms. Gerome said it was $663,000. Mr. Dorrier said the meeting is running behind schedule. He asked that Ms. Gerome summarize. Ms. Gerome said they are asking that the Employee Recognition Program be implemented in January, 2005. They are asking for $20,000 for that expense. They ask that the Board approve the Revised Merit Plan for implementation in FY 2005-06. They ask that the Board approve the development of the Skill and Competency differentials for implementation in FY 2005-06, and approve continued evaluation of Broadbanding with possible implementation in FY 2006-07. Mr. Rooker said he thinks the success of any performance or merit evaluation system depends on consistency throughout the organization. There need to be checks and balances to keep people from inflating scores. Mr. Wyant said he saw data which showed inflation, so the managers would be responsible for the proper administration of the program once it is in place. Mr. Dorrier asked if the cost is estimated at an additional $250,000 a year. Ms. Gerome said that is for the revised merit plan. Mr. Rooker said the employee recognition component is estimated at about $50,000. Ms. Gerome said that is for the fiscal year. Mr. Boyd said his initial reaction is to move ahead with the employee recognition program. He is not in favor of the change in the merit pay system at this time, but would rather see the broadbanding accelerated, and the effort put into that component. Ms. Suyes said that is a good point, but in order to put broadbanding into place, every position will have to be accessed. There are more than 400 titles in this organization which has about 2,000 classified employees. Mr. Boyd said the County has lived with its current system for a long number of years so one more year of living with it does not bother him. Ms. Gerome said broadbanding will not replace rewarding for performance as far as merit and evaluation are concerned. Mr. Rooker asked if broadbanding is put into place, if that would make it necessary to change the merit plan. Ms. Suyes said the merit plan needs to be changed because the present plan does not work. Mr. Rooker said that was not the question. Staff is proposing that the Board adopt the new plan and then go to broadbanding in two years. Will the plan still work with the broadbanding? Ms. Suyes said four separate things are being proposed. There is the employee recognition component, the performance management component, classification of employees, and County support of the employee’s professional development. The competency and skill and the broadbanding pieces go together. However, the broadbanding piece is very separate from the performance component. Mr. Boyd said he thinks the over appraising of employees would be stopped by the broadbanding. Ms. Gerome said they are not waiting for broadbanding before working on that problem. Mr. Dorrier said this is a very complex program. Since one Board member is absent at this time, he would suggest that this matter be deferred until the full Board is present before taking action. Mr. Rooker asked if Mr. Dorrier supports these recommendations. Mr. Dorrier and Mr. Wyant both voiced support of the recommendations. Mr. Rooker said he is comfortable with the recommendations. He thinks the Board needs to go to a merit plan that is fairer than the current merit plan. The proposal would not take effect until FY ’06. He thinks the Board needs to move forward with the recognition component and the merit component reasonably quickly. However, he has no problem waiting for a month to take action. Mr. Boyd said he is in favor of the recognition reward thing which is good. He is still worried about the budgeting process based on the new set of criteria. He wonders if the Board will have to over budget since it will not be based on a percentage of salaries, but based on forecasting. Mr. Rooker said he assumes that the forecasted figure would be based on the upper amount and the lower amount and the figure would be in the middle of those two amounts. As the budget now exists, at the end of the fiscal year there are many categories that have funds remaining due to changes in personnel during that year. September 1, 2004 (Regular Day Meeting) (Page 20) Mr. Wyant said he tried to figure how much this would cost by doing some averaging on total salaries. Mr. Boyd asked what would happen if the School Board decided it would like to implement this type of program next year. Mr. Tucker said School staff said they wanted the County to act as a pilot program before they decided to recommend the plan. Mr. Rooker asked the number of classified employees for local government and the number of classified employees for the school division. Ms. Suyes said there are about 800 classified employees in the schools, with about 710 for local government, including the Jail. motion At this time, Mr. Wyant said he thinks this program needs to move forward and he offered to approve the following staff recommendations: 1) Implement an Employee Recognition Program in January, 2005 at a cost of $20,000 for the current fiscal year and an anticipated cost of $50,000 for FY ’06; revised Merit Plan for FY ’06; development of skill and competency differentials for implementation in FY ’05-06; continued evaluation of broadbanding for implementation in FY ’06-07 (possible pilot in FY ’05- seconded 06). The motion was by Ms. Thomas. Mr. Rooker said his support of these proposals is based on the representation that a number of objective factors will be adopted to build into the criteria for evaluation for qualification for merit. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Dorrier, Mr. Rooker, Ms. Thomas, Mr. Wyant and Mr. Boyd. NAYS: None. ABSENT: Mr. Bowerman. ______________ Agenda Item No. 11. Update on County Office Building (COB) Renovations. Mr. Mike Staumbaugh, Head of General Services for the County, was present to give the staff’s recommendations. Before beginning, he distributed to the Board members an update on the expected move date for some departments to COB-South. He said it is anticipated that the facility will be occupied by December with the first move of Social Services in September. Mr. Staumbaugh said Moseley Architects was engaged to assist the Long Range Space Planning Committee (LRSPC) in evaluating the long-term space needs at COB-McIntire and to create a Master Plan for the facility. A ten-year planning horizon was established and an emphasis was placed on physical and functional consolidation of the Community Development Department in the North Wing of the building, with a separate ground floor entrance for central intake. Mr. Staumbaugh said further progress hinges upon the long-term disposition of the current Board Room (Room 241) and the Lane Auditorium. He then introduced Mr. Jay Moore from Moseley Architects to give some alternatives as to how the auditorium could be reconfigured to serve as both a board room and yet retain its large venue capacity. Mr. Moore said they had looked at five different concepts ranging from the least disruptive to more extensive modifications and the impacts those different approaches would have on seating capacity and how the Lane Auditorium would function. Option 1 is essentially to make improvements to the present lay-out of the auditorium. The dais would be in the same location but it would be updated and the existing seating of about 550 seats including the balcony would be maintained. They looked at the possibility of locating an AV control room in one corner of the stage; the stage is presently being used to house supplies for the building. There is the possibility of having a closed session conference room with an adjoining restroom in one corner of the stage. That is the least extensive change that could be made. This change could be tailored to fit the budget. The Auditorium would not be much different from what is there now, except for the improved dais. The Board started to discuss a dais, and Mr. Tucker said a dais can be designed in anyway the Board feels is appropriate. The purpose of the discussion today is to decide whether to make the Lane Auditorium smaller, to leave it as it is at present, and whether the balcony should be used for some other use. The broader question is whether the auditorium should be used for a smaller board room that would be a permanent board room. Mr. Moore said if the auditorium is to be used fulltime as a Board Room (Meeting Room), they would design a modular dais which could be rolled back against the apron of the stage. When the stage was being used for a performance, the dais would not be a visual distraction. Mr. Rooker asked how often the current auditorium is used for performances on the stage. Mr. Stumbaugh said churches meet in the auditorium every Sunday, and there are events there five to ten times a month that require the large venue. The balcony is almost never utilized. Mr. Tucker said he does not think any of the alternatives to be presented today actually change the stage area itself. Mr. Moore said all of the alternatives would preserve the stage area for use. The second option addresses the issue of how to make the scale of the room more appropriate for week-to-week meeting use. One way is to create vestibules on either side, rearrange the seating area at the rear of the room, September 1, 2004 (Regular Day Meeting) (Page 21) and then have something that could be moved to cover that seating area when it was not needed. In that way, the scale of the room could be reduced. There would be the same dais lay-out. They could also build a proscenium around the edge of the balcony and a curtain could be drawn across the balcony to bring down the size of the room when the balcony area was not being used. He said this would bring seating capacity down to about 424. Mr. Moore said in Option 3 they looked at a way to keep some of the existing seating capacity and the only way to do that would be to move seating for Board members up onto the stage. He understands that is not an option that would be satisfactory to the Board members, and it would present problems in the way of handicapped access and would provide only an additional 50 seats. Mr. Moore said that in Option 4 they looked at using the space under the balcony in a different way. In order to bring down the scale of the room, it could be shortened on the first level perhaps providing better conference rooms with a restroom and a break area. There is the possibility of having another meeting room which could be used for work sessions or by staff. There would be a generous foyer to the auditorium. This option would bring seating down to about 327 including the seats in the balcony. In this option there would also be the proscenium and the curtain for the balcony. Mr. Moore said that in Option 5, which creates the most extensive degree of change, rooms would be built under the balcony, the dais would be kept on the lower floor thus eliminating some of the floor slopes and ADA access problems. It would allow Board members better circulation to the closed session rooms by the side corridors (rooms which would be available for staff use), and space for the AV control room. In Option 5 the curtains across the stage would be drawn during a meeting to bring down the volume of the space. There would be the curtain across the balcony to close it off. When the room was needed for performances, the curtain would be opened, the dais would be drawn back against the front of the stage, and there would be columns forming a loggia in the rear of the room. Mr. Rooker asked if in Option 1 the seats are lost because the meeting room is in the front of the auditorium. Mr. Moore said that is correct. Mr. Rooker asked if the decision is whether to have the dais on the stage or have it on the floor of the auditorium, and whether the meeting rooms should be at the entry or just have a closed session room at the back. Mr. Moore said there really are two questions to be considered: the budget and the amount of seating to be provided. There would be about 164 seats for a normal board meeting, while existing Room 241 has about 60 seats. He said the room would still have a very high ceiling, but the room would be cut back to about two-thirds of its present size. Mr. Dorrier asked if there is a way to size the dais so it could be made smaller for small meetings, and larger for big meetings. Mr. Moore said if it were a modular dais there would be a lot of flexibility as to how it could be set up. Mr. Boyd asked how many seats there are on the floor of the auditorium now. Mr. Moore said there are 386, and there are another 150 seats in the balcony now. Mr. Boyd said he never sees anybody using the balcony, and the room is never filled to capacity at a Board meeting. Mr. Rooker said he thinks the issue is how many uses there are for the room other than Board meetings that might need those extra seats. Also, who is using the auditorium now and how much of the room do they use. How many performances are there in the room? He thinks 150 seats would be more than adequate for almost any Board meeting. Ms. Thomas said she learned many years ago that when there is going to be a contentious issue on the agenda, the room needs to be larger than the crowd expected to attend the meeting. An auditorium of the present size has only been important a few times, but this is a growing county. Mr. Rooker asked if Mr. Moore was ready to discuss the cost of this project. Mr. Moore said they made their estimate based on the biggest degree of change, thinking that the project could be backed down based on the other scenarios. The estimate is close to $1.1 million exclusive of any computer or audio/visual equipment. Mr. Rooker asked if that price includes new curtains. Mr. Moore said “yes.” It also includes new air conditioning (a rooftop unit), new lighting, and new seats. It includes a new dais, painting everything, building a proscenium around the balcony, and a motorized curtain around the balcony. This price includes a new board room and a renovated auditorium. It also includes two new meeting rooms under the balcony. Mr. Dorrier asked the source of the pressure for doing this renovation project. Mr. Tucker said staff had discussed with the Board the need to upgrade some room from a technological standpoint when part of the staff is moved to COB-Fifth Street. This is one option. The Board has discussed on several occasions other changes in the building to accommodate an improved Board (meeting) Room. The auditorium needed to be upgraded and renovated; it is in dire circumstances at this time. He asked if the Board members feel some rearrangement is needed in order to meet all the needs of the Board. Does Note the Board feel there is a need for the balcony to remain in the auditorium? (: Mr. Bowerman returned to the meeting at 12:14 p.m.) Are all of the seats on the first floor needed? The Board only has a meeting with an overflow crowd once or twice a year. Should the crowd be kept to the first floor and the September 1, 2004 (Regular Day Meeting) (Page 22) balcony renovated for additional space? That is the type of decision staff is asking the Board to make today. Mr. Rooker said the Board previously voted on an option to renovate the present Board Room at a cost of approximately $300,000. The auditorium is in pretty bad shape and that needs to be taken care of. Although the Board voted to go forward with a project for Room 241, one of the concerns was that the Board would not get any additional seating. To him it makes a lot of sense to move Board meetings to the auditorium. Mr. Dorrier said he tends to agree. The Board never knows how many people will appear at a public hearing. Ms. Thomas asked if one of the decisions is whether the Board wants to have extra meeting rooms in the back, or whether it wants the extra seating. Mr. Tucker said that is correct. That decision does not have to be made today, but should be made soon. Mr. Wyant said he thinks it will depend on the type of functions that will take place in the auditorium, and the Board does not have that type of information today. Mr. Rooker said he also thinks the Board needs more usage information. What other functions take place in the auditorium? Mr. Boyd said if it will be possible to change the room easily, he favors the idea. Mr. Tucker said staff will bring back additional information in October. _______________ Note (: Mr. Tucker said the Board meeting is running so far behind schedule that the presentation for the ACE Program, Agenda Item No. 13, will have to be really short. One thing staff does need a decision on is the extension of the deadline. Staff could go ahead and set the public hearing date for October 6, and the Board could hold its work session on the criteria after the hearing, if a work session is needed. As to Agenda Item No. 14, Southern Urban Area “B” Study Presentation, Mr. Noah Schwartz cannot attend this meeting this afternoon, so he needs to be heard before the Board takes a recess for lunch. As to Agenda Item No. 13, Architectural Review Board (ARB) Sign Guidelines, he has spoken with staff and this item can be moved to this afternoon’s agenda. _______________ Agenda Item No. 12. Acquisition of Conservation Easements (ACE) Program Review Criteria. Mr. David Benish, Director of Community Development, said he will be very brief. The ACE program’s annual application cycle begins with an application deadline of July 1, a deadline that has proved to be problematic. The ACE Committee recommends that the July 1 application deadline be extended for the current application cycle to October 31, and that all other deadlines in the current application cycle be correspondingly extended. It has become apparent that having the application deadline fall in the summer is undesirable because many people are on vacation and the farming community is extremely busy Mr. Benish said the changes to the ordinance focus primarily on the ranking criteria and the method for determining the purchase price. The changes in the ranking criteria would grant more points for resources that are felt to be worthy of protection. The changes to the program focus on the determination for purchasing and on multiple corporations, etc. Staff proposes that the Board set the amended ordinance for a public hearing on October 6, 2004; that the ACE application deadline be extended to October 31 for this year; and that all corresponding deadlines be extended accordingly. Mr. Rooker asked that staff look at the proposal for C-corporations before the public hearing. He does not want to create an unintended loophole. Mr. Boyd said he is curious as to why the ordinance is means testing people’s income. Is the philosophy to force people who have the means to donate their property? Is there historical data to show that by means testing what the County has paid for conservation easements has actually removed more development rights? Ms. Thomas said this program has actually been saving family farms for the people who have been struggling financially and who have been under intense pressure to subdivide their farms. Other communities have had the type of backlash the Board thought it would avoid by putting in means testing. The new board of supervisors in Loudoun County wiped out the program totally because some of the money was going to wealthy people. Mr. Boyd asked if consideration was given to just using it as a priority reason rather than means testing the amount of money someone gets for their property, i.e., using a priority based on income. Ms. Thomas said she thinks that is one of the best reasons the program is accepted so well by the public. Also, the people who have applied have been the type of people the Board hoped would apply. These are people who are hurting and need a way to get money now and don’t want to subdivide, but that was their only other option. September 1, 2004 (Regular Day Meeting) (Page 23) Mr. Boyd said there must be fear there is some abuse now because this ordinance amendment appears to be trying to shore up areas. Ms. Thomas said the change came about because people kept applying for waivers. Mr. Rooker said he was a member of the Planning Commission when this ordinance was adopted. He had the same questions at the time, and they were thoroughly debated. It bothered him that the County might be taking the ACE Program and turning it into some form of income redistribution. Several people from the ACE Committee came forward and convinced him that their proposal was the best one to try. If there is to be an extensive discussion of this ordinance, he thinks some of those people would need to come to a Board meeting again and make a presentation. Mr. Boyd asked if anyone has reviewed that decision. Does the Board feel comfortable with the decision and is it based on any kind of statistical data. Mr. Davis said Mr. Ches Goodall has some data he could present. However, if the County had paid full value on the properties acquired, it would have cost a great deal more. More property has been acquired by doing it this way. Mr. Dorrier said the Board has been asked to set a public hearing. Mr. Benish said staff will present some additional information at that time. Mr. Wyant said he is a member of the ACE Committee and they have been working hard trying to get people into the program. They have also talked to farmers who do not want to be in the program. Mr. Tucker said staff proposes that the Board set the amended ordinance for a public hearing on October 6, 2004, and that the Board extend the ACE application deadline to October 31 for this year, and Motion extend all corresponding deadlines accordingly. to this effect was offered by Mr. Rooker, seconded by Mr. Boyd, and carried by the following recorded vote: AYES: Mr. Dorrier, Mr. Rooker, Ms. Thomas, Mr. Wyant, Mr. Bowerman and Mr. Boyd. NONE: None. _______________ Agenda Item No. 13. Architectural Review Board (ARB) Sign Guidelines, Work Session. Moved to the afternoon session. _______________ Agenda Item No. 14. Southern Urban Area “B” Study, Presentation of Draft Report. Ms. Susan Thomas of the Planning Department introduced Mr. Ken Schwartz from the Renaissance Planning Group who was present to give the draft Southern Urban Area “B” study which was commissioned by the City, the County and the University. It is one of a series of studies the three jurisdictions have done since 1986 when the Three-Party Agreement was signed establishing the PACC. She said this study concerns the JPA/Fontaine Avenue area. It is the second study done on this area. The first study was done in 1988 and it needed to be updated because of transportation issues. Mr. Schwartz made a PowerPointe presentation, and also noted that numerous maps were posted on the wall for the Board’s review. He said this process took over a year and included many components. There was also a Project Advisory Group appointed by the three jurisdictions. There were two meetings in August with the Project Advisory Group and the PACC Technical Committee to get their comments before taking the study to the PACC Policy Committee. He will show a framework plan today, assessment of alternatives they considered in this process, and the engineering and other impact implications associated with all of the other choices. There is some reference to transportation modeling. They modeled these scenarios and also the by-right scenario which is to do nothing and just allow growth to take place for the next 20 years without any infrastructure investments. He said he would answer questions later. Mr. Schwartz said everyone will recognize that this area of the community is in the southwestern part of the City, with areas of the University contiguous. There are also development areas in the County, and the topography and natural systems represent both an asset and a challenge. There is serious limitation of interconnection in this area which was probably the single most important motivation for this study. There are other dimensions to the study which are more subtle, but this one is “front and center.” He said there are already traffic problems because of this limited interconnection. There are trends in the study with faculty housing and there is the fundamental issue of the Fontaine Research Park, which is a very successful development in the County, but is disconnected from its University home. Mr. Schwartz said the meeting they held on November 8 with the community was successful. There was a good turnout from both City and County citizens. It brought out impressions and observations from the citizen’s standpoint about key challenges. People identified the importance of planning for people and not cars, and the importance of options in the form of bike paths and transit. There were comments from City residents about the importance of accommodating University faculty and staff in close walking distance to their employment. There was appreciation shown for natural resources. The Moores Creek trail system is treasured by many people. September 1, 2004 (Regular Day Meeting) (Page 24) Mr. Schwartz said a key element of the study is to identify opportunities for interconnections including existing road systems and possible new systems. Provide for bikes and pedestrian opportunities, and using the County’s concept and the City’s concept of the importance of neighborhoods, build pedestrian-friendly, mixed-use neighborhoods that are compact in their form of development. Mr. Schwartz said another issue which came through loud and clear from County citizens is the relative lack of access to retail and services close to where they live. These comments came from citizens in Redfields as well as those living further out. Mr. Schwartz then referred to the Framework Plan which speaks to land use that could evolve over time in conjunction with infrastructure investments. The railroad track is one of the major impediments and challenges for Southern Area “B”. The spine of the area is Fontaine Avenue and Jefferson Park Avenue. The Fry’s Springs corner lies in the City and is a key point of connection along Fontaine and JPA. Within the County the main areas of interest are felt to be the Granger property to south of Moores Creek, to south of the railroad tracks, to north of I-64, to the Fontaine Research Park and to Trinity Presbyterian Church. He said the Granger property is ripe for development in a neighborhood- based basis. Mr. Schwartz said the key issue is how the land uses envisioned in the City, County and University for the next 20 years take place in conjunction with infrastructure investments to make it work. They examined a series of alternatives. They show five alternatives in their renderings and all of them work to some degree of success. Mr. Schwartz said an advantage to developing Area “B” in a coordinated fashion among the three entities and with an attention to the balance of transportation and land use, is that there could be an extension of the existing CTS and UTS transit systems in an area that is currently not served by transit. Given the employment population as well as the evolving population of the Granger property, it would be an advantage to have a transit circuit with a stop at the Granger property, and a stop at the Fontaine Research Park. This would accommodate some of the movement without everyone depending on their car. That loop could well go out Fifth Street Extended loop around Sunset Avenue Extended, and build on the success of CTS and UTS today. Mr. Schwartz said that in the transportation analysis they looked at two basic options. One option involved what they called “the Fontaine-Sunset Avenue” connector. It connects those two roads. There is another option which reopens the Sunset Avenue bridge in the City as a way of providing interconnection as an alternative to the Fontaine-Sunset Avenue connector. They also looked at engineering issues, environmental issues, built impacts, and transportation system impacts. They did this assessment with the assistance of the firm of Kimberly-Horn who has worked for both the City and the University. They provided insight into the feasibility and costing issues associated with these five alternatives. Their assumptions about how the roads would be built involved a street system that included accommodation for cars, trucks, etc., bike lanes, street trees and sidewalks. Mr. Schwartz said he would explain the five options. Four of them involve going through the Fontaine Research Park setting in different ways. One option goes through Sunset Avenue crossing Moores Creek on a bridge that is currently closed. Alternative No. 1 is called “Fontaine West”. It bridges Moores Creek over the Granger property. It crosses over Moores Creek, crosses over the railroad track and joins up with Ray C. Hunt Drive and Forestry Drive. Mr. Rooker asked if the owner of the Granger property participated in these meetings. Mr. Schwartz said he believes a daughter attended at least one meeting. He said that half of the road joins with an existing road and comes out through the existing entrance and exit of the Fontaine Research Park. It has some challenges, particularly at that intersection which has a lot of left-hand turning traffic. As a result, Kimberly-Horn looked at Option No. 2 which places a similar road at a different location crossing Moores Creek further to the east, going across the railroad track, and coming up through the middle of Fontaine Research Park as an urban boulevard. He said University representatives are not enthusiastic about this alternative, although it was presented seriously as an alternative to consider because it is wide enough to produce a tree-lined boulevard. There is the understandable perception that this would bisect the Research Park. It has an advantage over Option No. 1 in that it clarifies that troublesome intersection. Mr. Boyd asked if the Research Park is built-out. Mr. Schwartz said it is nearly built-out according to its current approvals from the County but there is additional development potential on that property. Mr. Boyd asked if this would impact the options of the Research Park. Mr. Schwartz said the idea would be that whatever evolves among the three parties would allow for development that is mutually beneficial. He thinks the University is interested in further development opportunities on that property. It has been very successful. He said this option was not well-received by University representatives, but he felt it was important that it be presented as an option. He said the option is similar in the way it crosses the Granger property, and has the advantage of freeing up a portion of the Granger property so no road goes through it and puts the Fontaine/Sunset connector east of the buildings. It preserves the central lawn and the road utilizes the existing entrance and exit to the Fontaine Research Park. It shares some of the same problems of mixing local and regional traffic which lead to another alternative. Mr. Schwartz said Alternative No. 4 has the same alignment as Alternative No. 3 with one difference in that the road comes out on Fontaine Avenue east of the Fontaine Research Park. September 1, 2004 (Regular Day Meeting) (Page 25) Mr. Rooker asked if there was any problem with the proximity of the two roads. Mr. Schwartz said “no.” According to Kimberly-Horn it is workable and a potentially advantageous combination. The Fontaine/Sunset connector serves a regional role, and the existing entrance would continue to serve the Fontaine Research Park. How those intersections would evolve would require further study. Mr. Rooker said there is a stop light at the entrance to Fontaine Research Park. He assumes another light would be needed for that connector road. Mr. Schwartz said according to Kimberly-Horn it is possible to have two stop lights, and also possible to look at other configurations for one or both of those intersections. It also opens the opportunity for Stribling Avenue which lies in the flood plain to become part of the extended Rivanna Trails system and possibly afford another way for bike and pedestrian access into the University through another means. Mr. Schwartz said Alternative No. 5 is a completely different strategy. It is called “Sunset Avenue Bridge Reopened.” He said the bridge was closed and since that time a good deal of growth has occurred in this part of the County. New housing is located along a hillside and there is Redfields Subdivision with additional development further south. He said the bridge is currently closed but they wanted to look at a strategy should the three entities agree to reopen that bridge. He said it is a workable strategy to reopen the bridge, but it would require a new bridge being built, and that Sunset Avenue be realigned in the City. It also lines up with Sunset Road which is fairly wide. Mr. Rooker said he is a member of the PACC Committee and he has always had a problem with the maps because they do not label most of the roads. He asked that the Board members be given maps that show most of this area with labels for the major areas. Mr. Schwartz said the areas are labeled on the framework plan, but they are hard to read. Mr. Rooker said the context maps he saw had writing that was so small he could not read it. Mr. Schwartz said Alternative No. 5 involves opening the bridge, improving an urban road grid system in this portion of the City to accommodate the loads of traffic that would be imposed on this portion of the community. Sunset Road would be used, along with a new road over the railroad track which lines up with Piedmont Road. There is a way to connect across from Fontaine so that all of the traffic does not have to rely on the JPA bridge. There would need to be improvements to Stribling Avenue, and improvements to Sunset Avenue in the City. As to costs, all five of these alternatives are close to each other in terms of magnitude. They range in cost of $7.0 million to $8.0 million, which does not include land acquisition or engineering costs. This is simply the cost of construction. One of the key variables among the five is the extent to which the private sector could be involved in funding infrastructure investments. He said that Alternative No. 5 was rated in a number of categories, but is flawed in one fundamental way. It is unlike Alternatives 1 through 4 where there is the potential for development on the Granger and the University Real Estate Foundation properties, with that development perhaps contributing a portion of the investment necessary to produce the roads and bridges. Mr. Schwartz said they did traffic modeling with existing traffic counts. He said the traffic they modeled on a regional basis had about 8000 vtpd in the Fontaine/Sunset Alternative. Comparing that with the network system of opening the Sunset Avenue Bridge the number is closer to 9000. He said there was one other piece that he forgot to mention in the framework plan which is important to the County and that is the Southern Parkway. He said that Parkway is anticipated but not determined in its final form. If and when the Parkway is constructed they believe there would be significant advantages to lining it up with Sunset Avenue Extended. If the three entities provide significant amounts of money to provide interconnections, it would make sense to have the connections work through as close to the University as possible. There is the opportunity to do that. They looked at the road leading to the Covenant School and the trailer park, but did not do a lot with the idea because the area actually lies outside of Urban Area “B” but they think it should be considered in order to make any new road connections work within and beyond the area itself. Mr. Schwartz said that in conclusion he would mention something Susan Thomas said earlier. During this month they will be talking with the County, the City and the University to show the results of the work. There is an extensive report which has been produced in draft form. It contains more information than that presented today. There are comments about housing and strategies. The University may look at location-based mortgage support so staff and faculty could have housing close to their work. There are also comments about parking. He thinks the report will now go to the Technical Committee. Mr. Tucker said the group agreed that this would go to the Technical Committee to look at the report in depth and possibly make a recommendation to the PACC Committee. He said Alternatives No. 3 and No. 4 were discussed extensively. These alternatives are on the east side of the Research Park. The University is adamant they do not want to split the Research Park. The other big issue is the Sunset Avenue/Sunset Road connector through the City. He does not think the City will be very receptive to that alternative. Mr. Schwartz said he will meet with City Council in the middle of the month. The PACC Committee asked them to rate the five alternatives according to various issues. This was done and the best of the alternatives was Alternative 4. The least attractive was Alternative 5. Mr. Wyant asked if the Southern Parkway will have limited access. Mr. Cilimberg said “no.” Mr. Schwartz said the roads they have been looking at are two-lane roads with bike lanes. Ms. Thomas said one point she thinks the University will want discussed soon has to do with the Fontaine Research Park and whether the Board would consider allowing a greater density there. They September 1, 2004 (Regular Day Meeting) (Page 26) would be putting a large investment into this if any of the first four options were chosen. Not being a charitable organization, how could they build roads just for the benefit of the community? One of the ways they might be enthusiastic about it would be if the County would allow them to use the park more intensively than it is currently being used. She thinks there have been “rumblings” among planners that it is an old-fashioned type of research park with a lot of space that is not being used practically. She gave the University her private thoughts and said that possibly the Board would look favorably on such a request. The Park has been successful and it could probably contain some more mixed-use or office buildings. Mr. Rooker said if transportation linkages could be obtained as part of an expanded density, he thinks it would make sense. There has been a lot of discussion about building dorms in that area. He thinks it makes a lot of sense. Mr. Schwartz said with additional development there is also the potential for structured parking along with that development. That has real advantages to swing use of that parking from daytime/weekday use to special events. He said they show two units of parking on the drawings because those areas have good access to the new Fontaine/Sunset Road, and could serve multiple purposes. Mr. Dorrier thanked Mr. Schwartz for this report. _______________ Agenda Item No. 15. Closed Session: Personnel and Legal Matters. motion At 1:05 p.m., was offered by Mr. Boyd that the Board adjourn into closed session pursuant to Section 2.2-3711(A) of the Code of Virginia under Subsection (1) to consider appointments to boards, committees and commissions; under Subsection (7) to consult with legal counsel and staff pertaining to specific legal issues requiring legal advice relating to an inter-jurisdictional agreement; and, under Subsection (7) to consult with legal counsel and staff regarding probable litigation pertaining to a zoning decision. seconded The motion was by Mr. Rooker. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Dorrier, Mr. Rooker, Ms. Thomas, Mr. Wyant, Mr. Bowerman and Mr. Boyd. NAYS: None. _______________ Agenda Item No. 16. Certify Closed Session. At 2:10 p.m., the Board reconvened into open session. Motion was immediately offered by Mr. Boyd that the Board certify by a recorded vote that to the best of each Board member’s knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the closed session were heard, discussed or considered in the closed session. seconded The motion was by Mr. Rooker. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Dorrier, Mr. Rooker, Ms. Thomas, Mr. Wyant, Mr. Bowerman and Mr. Boyd. NAYS: None. ______________ Agenda Item No. 17. Appointments. Motion was offered by Ms. Thomas to: Appoint Ms. Robin Mellen to the Agricultural & Forestal District Advisory Committee. Appoint Mr. Victor F. Stone, Jr., to the Community Mobility Committee. Reappoint Mr. Raymond East to JAUNT with said term to expire September 30, 2007. seconded The motion was by Mr. Rooker. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Dorrier, Mr. Rooker, Ms. Thomas, Mr. Wyant, Mr. Bowerman and Mr. Boyd. NAYS: None. _______________ Agenda Item No. 18. STA 01-08 - Comprehensive Revision of the Subdivision Ordinance, Work Session. Ms. Elaine Echols, Senior Planner, said about four months ago, the Board received the Subdivision Text amendments from the Planning Commission. Comments were taken from different groups on the amendments, except for the part the DISC II Committee was working on, and that had to do with urban improvements to streets. They have now finished work on that part, but have not finished September 1, 2004 (Regular Day Meeting) (Page 27) work on sidewalks and landscape strips. They have recommendations to make today and Mr. Steve Runkle is present to make that report. Mr. Steve Runkle said DISC II decided that waivers should only be granted at the Commission level, not at staff level. Another general decision was that waivers should only be applicable where the lot fronts the road and only be for single-family lots. Anything else would require an urban section. In their written report DISC II listed seven considerations for granting a waiver. They are not all inclusive. He will attempt to clarify the recommendations from his perspective, not from that of DISC II as a whole. Mr. Runkle said in granting a waiver to the requirement for urban street improvements, the Planning Commission should consider the following: No. 1 is “The project size or street length and the types of lots to be served.” He said in this instance less is better. If a street which is rural in nature is being extended to serve a few relatively large lots, a waiver could be granted. No 2 is “Whether the proposed street(s) or street extension connects into an existing system of rural streets.” A potential infill site surrounded by a low density product with all rural infrastructure where there is no known intent to improve that infrastructure in the future, would be an example where a waiver could be granted. Mr. Runkle said No. 3 is “Whether the street terminates in the development or at the edge of the Development Area or is otherwise not expected to provide interconnections to abutting areas.” He said for projects that are now in progress which were originated under old guidelines, no purpose would be served to develop an interconnected street system. For No. 4 which is “Whether the use of a rural cross-section at a particular location in the Development Areas furthers the goals of the Comprehensive Plan, with particular emphasis on the Neighborhood Model and Master Plans.” He said this relates to other goals of the Comprehensive Plan, not to Neighborhood Model Principles. An example: in the Growth Areas there are streams which have been designated not to be impacted, and there are greenways, etc. He could have land on either side of that stream that was being developed in the Neighborhood Model concept, but the impact of crossing that stream might be lessened by going back to a rural section design for that section of road that crosses that stream. Mr. Runkle said No. 5 is: “Whether the use of a rural cross-section would enable a different principle of the Neighborhood Model portion of the Comprehensive Plan to be implemented more fully.” He said this recognizes that there are potential conflicts among the principles of the Neighborhood Model and there may be occasions where relaxing the urban infrastructure requirement would give a higher enhancement than some of the other principles expressed in the Model. No. 6 is: “Whether the proposed density of the subdivision into lots is consistent with the density recommended in the Land Use Plan.” He said there was a strong desire not to provide a waiver mechanism that would defeat the purpose of providing urban infrastructure in the Development Areas. It is not the intent or desire to reduce densities or provide an incentive by a waiver process to reduce densities in the Development Areas below that number desired in the Comprehensive Plan. It must be recognized that the way waivers will be considered will provide occasions where the actual gross density is less than the cited three units per acre stated in the Comprehensive Plan. DISC II would expect that as Development Areas are master planned, those areas would be identified, that has occurred in some areas in Crozet. Ms. Thomas asked if it is DISC II’s suggestion that something like what Mr. Runkle just said accompany each of these recommendations to give some guidance. Mr. Runkle said they have thought about approaches that might clarify ways in which waivers would be considered. They have drawings to illustrate some of these recommendations. Originally they got so specific with their examples that it narrowed it down to the point that they would never be applicable. At some point, judgment has to be exercised. They could give some graphic information to help clarify their recommendations. Mr. Davis said there will have to be criteria set out in the ordinance that gives guidance to the Commission. That is a legal requirement to make the ordinance valid. The next challenge for staff will be trying to capture Mr. Runkle’s idea about when waivers are appropriate. Mr. Rooker said in certain cases some of these waivers could compete with each other. Mr. Boyd said Mr. Runkle had said these waiver requests can be appealed to the Commission, and he asked if they can also be appealed to this Board. Mr. Davis said if a waiver is denied by the Commission, that decision can be appealed to the Supervisors in almost all instances. If granting of a waiver were the basis for denial of a subdivision, then that decision could be appealed to the Board. However, only the developer is allowed to file for an appeal. Ms. Echols said staff has had some internal discussion as to the level of input the Board wants from DISC II. Staff does not know if the Board wants DISC II to furnish the suggested wording, or based on what DISC II has provided, the wording should come from staff. Mr. Rooker said since the County Attorney had said staff would have to develop criteria, he would suggest that staff draft the ordinance changes based on what Mr. Runkle said today, and then run that by September 1, 2004 (Regular Day Meeting) (Page 28) DISC II to be sure the language captures what they envisioned. Finally, that could come back to this Board for review. Mr. Davis said it does not matter how the criteria is developed, but the main issue is whether the Board wants the waivers to be granted by the Planning Commission or to be granted at the administrative level and how that would impact people who are developing using the Neighborhood Model. Mr. Dorrier asked if the criteria will be set out for making administrative judgments. Mr. Davis said that has to be set out in the ordinance regardless of who grants the waivers. Mr. Dorrier said if that is the case, the thinks the Planning Commission already has enough work without being involved in every waiver request. Ms. Echols said DISC II recommended that there not be any administrative waivers because of the level of judgment required by the waivers. DISC II discussed all the instances they could think of where there might be an administrative waiver. After examining many examples, it was decided that every case would need to be judged on its own merits; otherwise, if it were a “standard” waiver, it is not a waiver at all, but a standard. For any unusual situations that might arise, DISC II felt it would be better for those to be handled by the Commission. If the Board has a preference as to which way they should be handled, staff needs to know that now. Mr. Boyd said he thought there was to be language added to the Neighborhood Model. He asked if the Board ever voted on and approved that specific language. The Board is talking about waivers, but he does not know what they are being asked to waive. Ms. Echols said there were four areas which staff brought to the Board and which have been discussed over the last few months. DISC II was the only group that brought the Board substantive comments on everything except private streets. They felt that what had been written was good, but some areas needed more work and that was in the waiver language. If that is not what the Board intended, staff needs to know that now. Mr. Boyd said he has heard objections from other groups. It was not just DISC II that had comments on that language. Mr. Rooker said after that meeting, the Board decided to send the issue to DISC II. He believes that almost all of the comments had to do with curb and gutter. Now DISC II has brought back a recommendation on how to deal with that issue. Mr. Boyd said DISC II is saying to keep the language as proposed, but to allow for waivers. Mr. Rooker said that is correct. Their comments were in response to presentations by various groups. What they did was take different circumstances, and try to build a potential waiver to cover that circumstance. That is what the Board is looking at today. He thought that was the only thing the Board had not decided on and said to send it to DISC II. The Board could always hold a public hearing and make other changes. Mr. Boyd said he did not realize that because the Board sent back work on the exceptions the only option was to build in waivers and not change the actual language of the ordinance. Ms. Thomas said she thinks DISC II did exactly what the Board asked them to do and that was to come up with some suggestions as to when a waiver could take place. The question before the Board is whether DISC II should recommend specific ordinance language. She is impressed with all of the meetings that DISC II held. They are all volunteers, and it is hard to come up with wording by a committee. At this point, she thinks staff could draft the language based on the advice of DISC II. She asked if that is the decision staff wants today. Ms. Echols said “yes.” Ms. Thomas said that would be her suggestion. Mr. Wyant said the DISC II recommendations presented today deal with all the topics the Board has discussed. He thinks these address the questions the Board had in earlier meetings. Mr. Rooker said he thinks the Board agrees with the Planning Commission waiver process and staff would draft ordinance language that would include the seven criteria presented by DISC II. He asked if everybody agreed that the language would go back to DISC II for review before being returned to the Board. That was the consensus. Mr. Dorrier asked if staff wanted that in the form of a motion. Mr. Tucker said that is preferable. motionseconded Mr. Rooker said he would make a to that effect. The motion was by Mr. Wyant. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Dorrier, Mr. Rooker, Ms. Thomas, Mr. Wyant, Mr. Bowerman and Mr. Boyd. NAYS: None. _______________ SP-2004-00021, Margaret Engle, Ballet School (Sign Agenda Item No. 19. Public Hearing: #30). Request to allow priv Ballet School in accord w/Sec 22.2.2.6 of the Zoning Ord which allows for priv schools. TM 60, Ps 25A & 25B contains approx 5.6 acs. Znd C1. Loc on Rt 250W (Ivy Rd), approx 1/10 September 1, 2004 (Regular Day Meeting) (Page 29) mile W of intersec of Ivy Rd & Rt 29/Rt 250 Bypass. Samuel Miller Dist. (Public hearing advertised in the Daily Progress on August 16 and August 23, 2004.) Mr. Cilimberg summarized the staff’s report which is on file with the permanent records of the Board of Supervisors in the Clerk’s Office. He said the Planning Commission heard the Margaret Engle Ballet School Special Use Permit application on August 10, 2004. At that time, staff explained the need to further refine the language of the conditions in order to ensure that they are enforceable and clearly interpreted. The Commission recommended approval of the Special Use Permit and conditions with the intent that the language of the conditions would be refined between the time they took action and the Board’s hearing. Since the Commission meeting, Planning staff has worked with the owner and with Zoning, Engineering and the County Attorney to refine the language of the conditions. The purpose of these revisions has been to provide clarity and to ensure that the conditions are both feasible for the owner and applicant and also enforceable for the County. Staff proposes the following conditions of approval: 1. Maximum enrollment shall be twelve (12) students per class, with class start and end times staggered on minimum one-half hour increments. 2. Hours of operation for the school shall be from 9:00 a.m. to 9:00 p.m. Monday through Friday and 9:00 a.m. to noon on Saturday, provided that occasional school-related events may occur outside of these hours. 3. A pedestrian path for public use shall be constructed along the Route 250 frontage as shown on the Concept Plan dated August 24, 2004, prepared by the County of Albemarle and based on the site map prepared by Muncaster Engineering dated July 29, 2003. The path shall be maintained by the property owner. The path shall be no less than five (5) feet in width, except where existing landscaping or utilities prevent the full five (5) feet width. Subsurface shall be four (4) to five (5) inches of crushed stone and the surface shall be asphalt, prime and seal, recycled pavement or any other alternative hard-surface approved by the County Engineer. Upon request of the County, the owner shall convey an easement to the County granting public access upon the pedestrian path. This pedestrian path may be removed and the easement, if granted, may be released when a sidewalk is constructed within the Route 250 West right-of-way. Such path shall be constructed and available for public use or bonded prior to issuance of a Certificate of Occupancy for the Ballet School. Mr. Cilimberg said the applicant has agreed to Condition No. 3 as it has been modified since the Commission’s hearing. At this time, Mr. Dorrier asked the applicant to speak. Ms. Margaret Engle said she is the director and owner of the ballet school. She believes everything has been covered. Mr. Dorrier then opened the public hearing. With no one from the public rising to speak, the hearing was closed, and the matter placed before the Board. Motion was offered by Ms. Thomas to approve SP-2004-00021, Margaret Engle, Ballet School, seconded with the conditions listed in the Executive Summary and set out above. The motion was by Mr. Wyant. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Dorrier, Mr. Rooker, Ms. Thomas, Mr. Wyant, Mr. Bowerman and Mr. Boyd. NAYS: None. Note (: The conditions of approval are set out in full below.) 1. Maximum enrollment shall be twelve (12) students per class, with class start and end times staggered on minimum one-half (1/2) hour increments; 2. Hours of operation for the school shall be from 9:00 AM to 9:00 PM Monday thru Friday and 9:00 AM to Noon Saturday, provided that occasional school-related events may occur outside of these hours; and 3. A pedestrian path for public use shall be constructed along the Route 250 frontage as shown on the Concept Plan dated August 24, 2004, prepared by the County of Albemarle and based on the site map prepared by Muncaster Engineering dated July 29, 2003. The path shall be maintained by the property owner. The path shall be no less than five (5) feet in width, except where existing landscaping or utilities prevent the full five (5) feet width. Subsurface shall be four (4) to five (5) inches of crushed stone and the surface shall be asphalt, prime and seal, recycled pavement or any other alternative hard surface approved by the County Engineer. Upon request of the County, the owner shall convey an easement to the County granting public access upon the pedestrian path. This pedestrian path may be removed and the easement, if granted, may be released when a sidewalk is constructed within the Route 250 West right of way. Such path shall be constructed and available for public use or bonded prior to issuance of a Certificate of Occupancy for the Ballet School. _______________ September 1, 2004 (Regular Day Meeting) (Page 30) Public HearingCPA-2004-003. Community Facilities Plan. Agenda Item No. 20. : Proposal to amend the Community Facilities Plan, a component of the Comprehensive Plan, including sections on overall service objectives, and sections pertaining to Police, Fire/Rescue, Schools and Library facilities. (Public hearing advertised in the Daily Progress on August 16 and August 23, 2004.) Mr. David Benish, Chief of Community Development, said the Board held a work session on the draft Plan on August 4, 2004, and suggested that several changes be made including a new Overall Facility Objective related to potential development of mixed use sites/facilities. Another new addition is a reference to the use of innovative “technologies and services” to make library services available to residents. The remaining changes identified by the Board were related to clarifying wording within the draft. Staff has made the changes suggested by the Board. Mr. Benish said the other major changes related to the Fire/Rescue section of the Plan. One of the directives was to take out current numbers and the status of conditions that might be subject to change. He said references to stations which provide life support or advanced life support were deleted. A sentence referencing the County’s fire contract with the City was deleted even though it is fundamental to the County’s support system, but it is something that is subject to change. The other major question concerning Fire/Rescue had to do with two standards. One sentence read: “When 365 calls per year are received from the interim service area, a new station is recommended to be built in the area.” The other sentence reads: “In addition, a threshold of 1000 calls per year can be used as a benchmark indicator of full capacity of any fire/rescue station.” Mr. Benish said that language might be confusing, but it actually refers to two different things. He said when 365 calls are received, that is a threshold for placing a new station. For an existing station it is time to look at that station for improvement when it reaches the 1000 threshold. He said the 1000 threshold does not necessarily mean a new station is needed since some stations now receive 2000 calls per year. It means that it is reaching a capacity threshold and some planning needs to be done. Mr. Rooker said No. 9 reads: “Construction of a new station should be based on the number of calls emanating from the proposed service area for the new station.” There also was a sentence reading: “In addition, a threshold of 1000 calls per year can be used as a benchmark indicator of full capacity of any fire/rescue station.” He suggested changing the language in No. 9 from “should be” to “may need to be.” It would then not sound as if it were a mandatory requirement. Mr. Benish agreed that was the intent. Mr. Wyant referred to language about the “average response time.” He said if there were a large number of calls from people in the fringe areas, there would be no way to make that response time, and it would indicate a station was needed in an area where the County could not provide that service. Mr. Rooker said in speaking about the timing for construction of a new station, he thinks there might be a sentence added saying: “Decisions on the construction of new stations should also be based on whether or not the standard is being met in responding to calls.” Mr. Wyant said to him it would mean that if the standard were not being met, there would need to be a new station in that area. Ms. Thomas said that on Page 2 it says: “Persons living in the rural areas should not anticipate levels of public service delivery equal to service provided in Development Areas.” Mr. Wyant said he thinks the response times were changed to deal with that sentence. Mr. Benish said that was the way this was supposed to work. He mentioned a new change that came from staff regarding response times. He referred the Board members to Page 14. He said Planning and Fire/Rescue staff is recommending that there be no change to the new standard but that the existing standard be retained. They have been looking at service standards and have attended some workshops to determine how to establish those standards. They need to do some additional work before finalizing this standard. They need a little more time, and he thinks that will be fine because there are other areas of the plan which are still to be finalized. Mr. Rooker said he had a couple of changes to mention. On Page 15, Item 6, he thinks the last sentence (“The County should also program in the CIP necessary bike lane/paths within a quarter mile radius of the site to provide adequate pedestrian linkages between the neighborhood and the library.”) should be deleted. Mr. Rooker said that on Page 16, Paragraph 9, change “should be” to “may need to be” and at the end of that sentence put the words “and service objectives are not being met in that initial area.” Then on Page 17, in next to the last paragraph there is a sentence reading: “Last year, the regional library circulated over 1.9 million items, or about 10.5 per capita.” Instead of saying “last year” he would suggest that the actual year be included. Mr. Rooker said on Page 19, under Item 3, he would suggest taking out the second bullet reading: “Minimum size for a branch library is 4,500 based on state standards” because that language is repeated in the next bullet. On Page 20, Paragraph 11, delete second sentence reading (“The County should also program in the CIP necessary bike lane/paths within a one-quarter mile radius of the site to provide adequate pedestrian linkages between the neighborhood and the library.”) because it is a repeat sentence in that paragraph. On Page 22, under paragraph entitled “Bicycle Facilities” in the last sentence September 1, 2004 (Regular Day Meeting) (Page 31) where it says “to provide pedestrian linkages between”, it should say “to provide adequate linkages between the neighborhood and the school.” Mr. Rooker asked if the School Board had reviewed the school component of this plan. Mr. Benish said “yes.” At this time, Mr. Dorrier opened the public hearing. With no one from the public rising to speak, the public hearing was closed, and the matter placed before the Board. Motion was offered by Mr. Rooker to adopt CPA-2004-03, the Albemarle County Community seconded Facilities Plan, 2004, with the changes discussed today. The motion was by Ms. Thomas. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Dorrier, Mr. Rooker, Ms. Thomas, Mr. Wyant, Mr. Bowerman and Mr. Boyd. NAYS: None. Note (: The changes recommended in various sections are set out below.) Under FIRE AND RESCUE SERVICES Page 16 9. Timing for New Station Construction. Construction of a new station should be based on the number of calls emanating from the proposed service area for the new station. Based on the Insurance Service Office (ISO) standards, a new station should be may need to be constructed when 365 calls per year are received from the proposed service area for the new station and service objectives are not being met in that area. Page 15 6. Pedestrian and Bicycle Access. Where appropriate, provide sidewalks, walkways, and/or trails to connect the station site to the neighborhood(s). Consider the need to program in the CIP necessary walkway improvements within a one-quarter mile radius of the site to provide adequate pedestrian linkages between the neighborhood and the facility, based on the community’s potential usage of the station (meetings rooms, etc.). In addition, bicycle parking shall be provided. The County should also program in the CIP necessary bike lane/paths within a ¼ mile radius of the site to provide adequate pedestrian linkages between the neighborhood and the library. Under LIBRARY SERVICES Page 17 Last year, the regional library circulated over 1.9 million items, or about 10.5 per capita. Include the year in this statement Page 19 Delete second bullet under Item 3 as follows: 3. Buildings. ? Most branch libraries will be full-service facilities with similar offerings. ? Minimum size for a branch library is 4,500 based on state standards. Page 20 11. Pedestrian and Bicycle Access. Provide sidewalks, walkways, and/or trails to connect the library site to the neighborhood(s). The County should program in the CIP necessary walkway improvements within a one-quarter mile radius of the site to provide adequate pedestrian linkages between the neighborhood and the library. In addition, bicycle parking shall be provided. The County should also program in the CIP necessary bike lane/paths within a one-quarter mile radius of the site to provide adequate pedestrian linkages between the neighborhood and the library. Under SCHOOLS Page 22 Bicycle Facilities: Bicycle access and facilities (bike trails and racks) should be incorporated into the design of the school. The County should program in the CIP or the Six Year Secondary Road Construction Plan the necessary bike facilities improvements within a one-quarter mile radius of the site to provide adequate pedestrian linkages between the neighborhood and the school. (The adopted Plan is set out below:) Community Facilities Plan INTRODUCTION Community facilities provide a location for necessary and desired services for County residents and are important components in supporting and enhancing the quality of life in Albemarle County. The facilities covered within this plan include police, fire and rescue protection services, schools, libraries, parks and September 1, 2004 (Regular Day Meeting) (Page 32) recreation, government administration services, and solid waste facilities. Highway and transportation facilities and sewer and water utilities are not covered in this plan. Separate planning processes are already in place for these facilities. The provision of community facilities can influence where and when development will occur; therefore, they are important tools for managing growth. The importance of the provision of public services and facilities is recognized within the growth management goal for the County: 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. Designating Development Areas where a variety of land uses, facilities, and services are planned to support the County’s future growth, with emphasis placed on infill development. Community facilities are provided to residents in the County in a number of different ways. Some facilities/ services are provided entirely by the County (schools, police), some are volunteer stations, while others are a combination of County and volunteer (fire). Someare regional in scope (libraries), while still others are provided jointly by the County and City (solid waste disposal facilities). In the case of Parks and Recreation facilities, separate facilities are provided by the City and County, but are made available for use by all residents in the entire area, including outlying Counties. Some park facilities are also provided jointly by the City and County (Darden TowePark and Ivy Creek Natural Park). Because of the high cost involved in providing community facilities and the potential impact to the County's growth pattern, it is important to have a comprehensive and systematic planning process. This process should promote an efficient provision of services and facilities that is consistent with current needs and with the goals of the Comprehensive Plan for future development. This plan will serve as a framework for community facility development decisions. It will permit a better evaluation of service and facility performance and needs, and a more objective review of competing demands for new and expanded facilities so that the resources are used in areas of highest need. It is to be used to assist agency administrators and elected officials in determining the capital project needs and priorities, and timing for facility development. It establishes what the County determines to be the adequate level of service for community facilities. "Level of service" defines what County residents consider as necessary and desirable. To do this, service objectives and standards for provision of facilities are established. This Plan is an element of the County’s Comprehensive Plan and, like the Comprehensive Plan, will be reviewed on a regular basis. The County’s Comprehensive 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 more urban and pedestrian oriented development styles. It must be recognized that the desired increase in density and more urban model for development recommended in the Development Areas will also require an increased commitment by the County for public infrastructure improvements and community facilities and services. FACILITIES PLANNING The Comprehensive Plan facilities planning goal states: Strongly support and effectively implement the County’s growth management priorities in the planning and provision of transportation, public facilities and public utilities. 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 providing 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. September 1, 2004 (Regular Day Meeting) (Page 33) 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, services 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 public service delivery equal to services 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 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. This Committee then makes recommendations 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 CIP 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 needs assessment is updated every other year as part of the CIP process when departments are asked to submit capital requests spanning a ten-year planning period. Population Growth and Service Demand Population growth and the distribution and characteristics of the population will affect the demand for community services and facilities. Population- The County’s population for 2000 is estimated at 84,186 (U.S. Census) with an annual average growth rate of 2.1%. This rate of growth is consistent with other high growth localities in Virginia. The Weldon Cooper Center for Public Service estimates the 2002 population of the County at 86,700. With the County and City (40,099) combined, the area population is 124,285 (2000). The combined population is important to recognize because many County and City facilities are used by residents from each locality, impacting available capacities. The projected 2010 population for the County is 97,200 (136,800 County- City combined). Distribution of Population- As of July 2003, there are total of 34,403 dwellings in the County, 22,820 are single family detached (66%), 1,129 are single family attached (6%), 2,172 are townhouses (3%), 6,076 (18%) are multi-family and 1,893 (6%) are mobile homes. The Development Areas consist of approximately 5 percent of the total land area of the County. Fifty-one (51) percent of dwellings are located in the designated Development Areas and 49 percent are located in the Rural Areas. Generally the western half of the Rural Areas (Rural Areas 1 and 3) contain a little over 60 percent of all the dwellings located in the Rural Area. Age- Age distribution is important in assessing the need for public services and the impacts can be different for the various services. AGE 1990 1990 2000 2000 % change total % of total Total % of total 1990-2000 <5 4,655 7 4,961 6 7 5-19 14,670 22 16,271 19 11 20-24 6,361 10 9,159 11 44 25-44 23,559 35 24,487 29 4 45-64 12,197 18 19,388 23 59 65+ 5,403 8 9,920 12 84 TOTAL 66,845 100 84,186 100 26 One of the more significant trends is that the population is aging, with the elderly (65+) increasing by 4,517, or 84% from 1990. This aging trend is consistent with the national baby boomer trend. Also, the experienced workforce cohort (45-64) grew by 59% from 1990 to 2000. The school age cohort (5-19) grew at a moderate rate (11%) from 1990, from 14,670 to 16,271 in 2000. Also, the “young family” cohort 25-44 has remained fairly stable in total numbers, with only a 4 percent change from 1990 to 2000 (as a percentage of the total population it has decreased from 35% to 29% September 1, 2004 (Regular Day Meeting) (Page 34) Income- Income levels can indicate the type and extent of services that are demanded. While a higher income level may generally mean a lesser need for essential social and human resources, populations consisting of higher income tend to demand a higher level of community services and facilities such as libraries, parks, and schools. Median family income for Albemarle County in 2000 was $63,407, which was 17 percent higher than the median income for the rest of the State ($54,169). Per capita income for the County was $34,143, 9 percent higher than the per capita income statewide ($31,210). Educational Attainment- As with income, educational attainment can be used as an indicator of the level of services demanded from the population. The higher the educational attainment, the less need for essential human and social services, but the greater demand/expectation of other services (libraries, parks and recreation, etc). The County has an extremely high level of educational attainment. Fifty-three (53) percent of the county population has at least an associates degree, while the state level is 35 percent (47 percent of county residents have bachelor’s degree or higher, compared to 29 percent for the state). OVERALL FACILITY OBJECTIVES There are a number of general objectives which are common to all community facilities. Other service objectives established within specific facility sections are to be utilized in conjunction with these objectives in evaluating facility need and design. Objective: Community facilities should be equitably provided for all County residents based on cost- effectiveness. Levels of service will vary based on the area of the County. Those in the outlying Rural Area should not anticipate levels of service delivery equal to those provided in the Development Area. Objective: The location of new public facilities should be within the County’s Development Areas so as to support County land use policies. Development Areas such as Communities and Villages will serve as service center locations for the Rural Areas. Only in cases where it is not possible to locate a new facility in the Development Area due to physical constraints, or the nature of the facility, and/or service(s) provided, will public facilities be allowed in the Rural Area. The location of community facilities can be an important factor in determining where development can and will be accommodated. Therefore, the provision of community facilities must be carefully coordinated with the land use plan to ensure the adequate provision of facilities and services to accommodate existing and anticipated development. The primary focus of the land use plan is to encourage development in the Development Areas; the necessary facilities should be provided to support this pattern of growth. In certain cases it may not be appropriate, or possible, to provide facilities solely in the Development Areas due to the nature of the service or other unique circumstances. However, the priority is to provide the highest level of service to the Development Areas. Objective: Give priority to facilities which address emergency needs, health and safety concerns, and provide the greatest ratio of benefit to the population served. Objective: Priority shall be given to the maintenance and expansion of existing facilities to meet service needs. Maintenance of existing facilities is of primary importance. No benefit is gained if new facilities are provided while existing facilities deteriorate and become substandard. Also, in meeting new service needs, consideration should be given to whether the existing facilities can provide an adequate level of service through modification of them. Objective: All sites should be able to accommodate existing and future service needs. All buildings, structures and other facilities shall be designed to permit expansion as necessary. Objective: Related or complementary services/facilities should be located together when possible. There are distinct advantages for both the service providers and the public when related and supporting facilities are in a central location. Operational economies are achieved, capital facility and development costs are reduced (buildings, parking and accessory facilities can be shared), and cooperation and support between personnel can be provided in some cases. Objective: Schedule funding of community facilities through the Capital Improvement Program (CIP), based on the adopted Community Facilities Plan. Objective: All community facilities shall be in conformance with County regulations, site development standards, and policies to the greatest extent feasible. County projects are expected to meet all County development regulations and procedures, consistent with any other like type of development project. County projects should further strive to achieve or meet all other appropriate development standards and policies established/encouraged by the County (stormwater/water quality, critical slope management, building form/orientation, amount/location of parking, pedestrian/ bike accessibility, others). Public projects should be examples of good development and should be models to demonstrate the type of development the County wants to see. The County has adopted as part of its Comprehensive Plan a new model for development within the designated Development Areas. Referred to as the “Neighborhood Model,” it supports a change in the September 1, 2004 (Regular Day Meeting) (Page 35) form of urban development 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 and to provide the supporting services to support and contribute to a quality environment, the form of development must change and that form must be more urban and less suburban. The application of Neighborhood Model principles will be an important component in planning, locating, siting and designing community facilities. A separate section of this document, “The Neighborhood Model” provides further information regarding its relation to facilities planning. Objective: Determine the value of maintaining existing but obsolete facilities and sites for the potential re- use for other services/facilities prior to their disposal. Consideration should be given to the re-use of public facilities/sites for other public uses, if no longer viable for its original service/facility. It is costly and often difficult to purchase property and site public facilities in new locations. Prior to disposing of public properties, a review of the site/facilities potential for other public uses or reservation of the property for future use should be considered. Objective: Community facilities should be designed and constructed with a commitment to providing facilities that are environmentally responsible. By addressing environmental responsibility in the design and development of community facilities, the County will create facilities that protect ecosystems, enhance biodiversity, improve air and water quality, reduce solid waste, and conserve natural resources. Objective: Community facilities should be designed and constructed with a commitment to occupant health and community benefits. By addressing occupant health and community benefits in the design and development of community facilities, the County will be creating facilities with improved indoor air quality, improved thermal and acoustic environments. These facilities will enhance occupant comfort and health, and contribute to the overall quality of life. THE NEIGHBORHOOD MODEL The Neighborhood Model impacts community facility planning and development in varied ways, but for the most part it impacts the relative location of the facility within the designated Development Area, and the location and design of the facility on-site. The Neighborhood Model has relatively limited impact on the management and operation of the service. The following is a description of what the model offers and the goals for Neighborhood and how these may relate to facilities planning and development. 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. All public facilities should be designed and/or located to accommodate multi-modal transportation options, including walkways, bike facilities and transit access, if available. 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. Greater emphasis will be placed on strategic location of open space areas and their design to make them more accessible to neighborhood residents. There will be a greater potential smaller-scale public park and open space areas will be dedicated to the County for operation as part of future development activity. Also see #12, below. 3. Keeps buildings and spaces at a human scale so that street views are attractive and pedestrian friendly. Building size and orientation on the site (and to the street and neighborhood) should be in keeping with the character of the neighborhood to the extent possible and appropriate. As a general rule, buildings should be oriented to the street, with parking relegated internal to the site and away from the street. 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. Not directly related to facility development. However, on-site development density should be taken into consideration to avoid lower density/sprawling site development which under-utilizes sites and does not create or contribute to compact, walkable neighborhood development. 5. Contains a mixture of residential and non-residential uses so residents have convenient access to work, to services, and to entertainment. September 1, 2004 (Regular Day Meeting) (Page 36) Public facility sites do not need to be mixed-use in character. It should be recognized that public facilities contribute to the mixed-use character of neighborhoods. Therefore, strategic location and siting of facilities can contribute to creating mixed-use neighborhoods. 6. 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. Interconnected streets should be considered and accommodated as part of site development to the greatest extent feasible and as appropriate for the neighborhood and the facility. 7. Moves off-street parking out of sight and encourages on-street parking. This should be applied to the facility site design to the greatest extent feasible. 8. Mixes housing types and markets so that a full range of housing choices is offered within the neighborhood. Typically, this would not be applicable to facilities development. However, should opportunities be offered/presented to provide housing as part of a facility development should it should be considered for its appropriateness. Mixing of housing and public facilities is not necessarily discouraged. 9. Emphasizes re-use of sites. This is already a long-standing objective in the Community Facilities Plan. 10. Adapts development to site terrain so that natural topography can be preserved. This should be given strong consideration in site selection and site/building design. Public facilities should strive to meet this to the greatest extent feasible. It is recognized that grading and site alterations will occur with facility construction, but efforts need to be made to seek a sustainable balance with better grading and preserving natural topography. Two important focus points should be protecting important open space/resource areas (streams, significant wooded areas, etc.) and the character of the finished grading (steepness, ability to maintain, vegetate and avoid erosion). 11. Maintains a clear boundary between Development Areas and Rural Areas. Some facilities may be appropriate to locate at the edges of the Development Areas. The recommendations for the Development Area boundaries, or edge treatments, will be articulated in future Master Plans for each Development Area. 12. Provides for neighborhoods to have a designated center to bring diverse and continuous activity to a neighborhood. Public facilities may be established and function as neighborhood centers and/or opens space areas, particularly parks, libraries, and schools but also facilities like fire departments and county offices because of the meeting room/public gathering function. New public facilities will likely be encouraged to locate in existing neighborhoods centers, if feasible. 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 true 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. September 1, 2004 (Regular Day Meeting) (Page 37) ? 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 the preference will be for parking lots to be located 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. ? 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 norm. Walks will connect sidewalks to front doors and main entrances. ? Transportation Options – Convenient routes for pedestrians, bicyclists, 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. FOLLOWING SECTIONS OF THE PLAN In the following sections, the plan establishes specific service objectives and standards for the provision of public facilities for each of the agencies listed below: 1. Police Department 2. Fire and Rescue Services 3. Library Services 4. Schools 5. Parks and Recreation (UNDER REVIEW) 6. County Government Administrative Offices/Services (UNDER REVIEW) 7. Solid Waste (UNDER REVIEW) POLICE DEPARTMENT The Albemarle County Police Department was established in May 1983 and has primary responsibility for law enforcement in the County. The Department has a total of 137 employees, including 108 sworn officers. The County currently maintains its police headquarters in a single, centralized location in the County Office Building. All patrol units are quartered at this location. Presently, there are no substations located in the County. Instead, the department utilizes satellite offices within service sectors to provide support space for officers to address administrative functions. Each officer is individually assigned a police car on a take home basis. This policy increases police visibility throughout the County and improves response time to emergency calls and public safety responsibilities. Support staff occupancy of the main headquarters is a maximum of 21 people during the day shift, including administrative, support, and investigative personnel. The following objectives establish a methodology for providing an adequate level of police service to County residents. SERVICE OBJECTIVES 1. Achieve an average response time of five minutes or less to all emergency calls 85 percent of the time in the designated Development Areas. 2. Achieve an average response time of ten minutes or less to all emergency calls in the Rural Area of the County. 3. Provide a level of service of one and one-half (1.5) officers per 1000 residents. . 4Locate police Satellite Offices within all designated police service Sectors of the County. 5. Provide new facilities in a manner that accommodates anticipated service demands and the needs of the current and future staff. 6. Maintain and upgrade, as necessary, headquarters and other support facilities to meet the standards outlined in this Plan. SERVICE/FACILITY STANDARDS The nature of most police work focuses on mobile police operations. Therefore, the greatest need for facility space is related to administrative and operational support and training functions. There are no nationally accepted standards for such facilities, but the County has adopted the following as our local standards. These standards should be used in conjunction with the Overall Service Objectives (p. 5) of the Plan and the Service Objectives from the preceding page. Sectors/Beat System. 1. Maintain an effective and efficient Sector/Beat system that facilitates meeting the identified response time standards. September 1, 2004 (Regular Day Meeting) (Page 38) The primary service objective for police services is to achieve a five-minute response time to all emergency calls 85 percent of the time in the Development Areas (average 10 minutes to Rural Area). The Police Department patrols are performed based on a Sector/Beat System. Satellite Offices. 2. Provide a minimum of one (1) satellite office in all sectors. ? Desirable size is 250 to 500 square feet, consisting of standard office space and a secured storage area, if possible. ? Satellite offices should be provided in all fire/rescue stations, unless established in another public facility/ location. ? The location should be within a designated Development Area whenever possible or a well defined existing rural crossroad, commercial/residential concentration, or village. ? The satellite office should be in a location which allows response from the site to meet response time standards Satellite offices provide a location for patrol offices to conduct administrative functions while on duty, without having to return to police headquarters. This convenience keeps the officer in the patrol sector, thereby improving overall response time. Field offices are not intended to function as full service sub-stations. The offices will not be regularly manned and services to the public will not be regularly provided from these locations. However, they will provide a physical presence in the area in which they are located, and allow for the future potential of limited office hours and services to be provided. Headquarters 3. . Provide a centrally located headquarters facility to serve Police Department operations and administration. The location should provide for quick access to major roads accessing all parts of the County. The site should be compatible with the surrounding area, preferably within a neighborhood center, commercial concentrations, and to residential areas Police headquarters is located at the County Office Building, Fifth Street facility, located on Fifth Street, just south of the I-64 interchange. This location was established in 2004, and provides adequate space to meet current and anticipated needs for the next fifteen to twenty years. The Department’s approach for management of operations is to establish a single headquarters facility. All operations are located in this facility, with field patrols provided through the sector/beat system. Full service substations are not proposed at this time based on this management concept. Patrol officers are (or will be provided) with satellite offices within each Sector to provide them space “in the field” to support administration functions. Training Facilities. 4. Provide, or insure availability of, training facilities including firing range academic facilities classroom/training rooms. Manpower. 5. One and a half (1.5) officers per 1,000 residents shall be provided. Sustainability: 6. Structures - Community facilities should be designed and constructed with a commitment to providing facilities that are environmentally responsible. By addressing environmental responsibility in the design and development of community facilities, the County will create facilities that protect ecosystems, enhance biodiversity, improve air and water quality, reduce solid waste, and conserve natural resources. Employee health - Community facilities should be designed and constructed with a commitment to occupant health and community benefits. By addressing occupant health and community benefits in the design and development of community facilities, the County will be creating facilities with improved indoor air quality, improved thermal and acoustic environments. These facilities will enhance occupant comfort and health, and contribute to the overall quality of life. MAP J: ALBEMARLE COUNTY POLICE DEPARTMENT SECTOR/BEAT SYSTEM FIRE AND RESCUE SERVICES The purpose of the Fire Department is to safeguard the community against the damaging effects of fire, and in some cases, provide emergency medical (EMS) first response services. The Rescue Squad is to provide both emergency and medical assistance and ready access to hospital care for those in need. The service functions of the two organizations sometimes overlap in response to distress calls and, therefore, the two services will be discussed together in this plan in regards to their major capital needs. In order to accomplish the Fire Department's primary purpose requires the training and deployment of paid and volunteer fire fighters for fire prevention and fire suppression. There are eight fire companies in the County and two in the City of Charlottesville. The Ivy station is operated by the City, but is located in the County. These companies are listed below: Ridge Street Fire Department (City) Charlottesville Fire Department Headquarters 250 Bypass Fire Department (City) Station #1 East Rivanna Company #2 North Garden Company #3 Earlysville Company #4 September 1, 2004 (Regular Day Meeting) (Page 39) Crozet Company #5 Stony Point Company #6 Scottsville Company #7 Seminole Trail Company #8 Charlottesville/Albemarle Airport Fire Station #9 (provides airport services only) Ivy Road Fire Department (City) Station #10 Monticello Company #11 Rescue service in the County involves deployment of paid and volunteer personnel and equipment in response to emergency medical needs and provides rescue equipment as well as facilities. Due to the rescue squads’ extended response time to many portions of the County, the County’s career staff provide advanced life support services out of certain fire stations participating in a “first responder” program. Currently, there are three rescue squads providing services to the County, two squads are located in the County and one in the City. These rescue squads are listed below: Western Albemarle Rescue Squad (WARS) Scottsville Rescue Squad Charlottesville-Albemarle Rescue Squad (CARS) The Regional Emergency Communications Center (ECOC), located on Ivy Road, dispatches all emergency calls to County fire departments, rescue squads and the region’s police departments. SERVICE OBJECTIVES 1.Achieve an average response time (how long it takes once the call is dispatched from ECC until a fire apparatus arrives on scene) to fire emergency calls of five minutes or less in the Development Areas and thirteen minutes or less in the Rural Areas. 2. Achieve an average response time (from time the call is dispatched from ECC to time an EMS staffed vehicle arrives on-scene) to rescue emergency calls of four minutes or less in the Development Areas and thirteen minutes or less in the Rural Areas. 3. Construct fire and rescue stations at strategic locations throughout the County to help achieve desired response times to all emergency calls and increase the level of service. 4. Provide firefighting and rescue equipment as needed to meet the characteristics of particular service areas. 5. Encourage joint fire and rescue stations at new locations when possible. 6. Maintain and utilize the current emergency response data collection system in order to provide the County with sound information to anticipate demand for services, subsequent staffing, and new equipment and facilities. SERVICE/FACILITY STANDARDS As stated above, the primary objectives of the County are to achieve desired response times and increase levels of service in all areas of the County. Response time is defined as the amount of time between receipt of an alarm at the station and the arrival of the first engine or ambulance at the scene. The service and facility standards below help ensure that average response times can be achieved and adequate service is provided to the County. These standards should be used in conjunction with the Overall Service Objectives of the Plan and the Fire/Rescue Service Objectives from the preceding page. Location of Site. 1. ? Stations are to be located in designated Development Areas in a manner that allows desired response times to be achieved. Locating stations at or near the periphery of a Development Area will allow both the Development and Rural Areas to be better served. In certain circumstances, in order to provide adequate protection of the public, stations may be located in the Rural Area. ? The location and design of the station should be consistent with the general intent for the facility as described in the Comprehensive Plan-Neighborhood Master Plans. ? In general, a good location is a site that has direct access to a collector road, located within .5 mile from an arterial road. The fire and rescue departments should control any traffic signal lights located at the collector/arterial road intersection(s) during emergency calls. ? A station should not be located such that its equipment would be immediately hindered during response by steep grades, crossing restricted bridges or railroad crossings. ? Do not locate a facility directly on heavily traveled roads that are frequently congested due to the potential conflicts with entering traffic flow. A site close to high volume intersections may prevent equipment from leaving the station because traffic is backed up waiting for a signal to change. However, it may be possible to address these issues through the use of “station controlled” traffic signals along such road corridors. ? Stations should be located in centers, or commercial/service areas/industrial areas. Locations near or adjacent to neighborhoods may be acceptable; however, potential noise and traffic conflicts must be adequately addressed. September 1, 2004 (Regular Day Meeting) (Page 40) Size of Site 2. . The useable area for a fire station is a minimum of two acres. The useable area for a rescue squad site is a minimum of one acre. Larger sites may be needed depending on ultimate building program and perceived expansion needs. Parking 3.. Adequate parking should be provided to support the overall use of the building. Meeting room usage is potentially the single highest traffic/parking generator in the facility. On-street parking and cooperative parking with adjacent uses could be utilized to meet parking needs, particularly overflow and meeting related parking. Parking areas should not be located between the building and street, to the extent feasible. Building. 4. Each new fire and rescue station should include the following facilities: 1) Living quarters (w/ kitchen, wash rooms, etc.) 2) Chief's office 3) Radio room 4) Storage area 5) Exercise area 6) Training space/Apparatus area 7) Meeting room (serving 50-100 persons) 8) Police Department satellite office space (500 sq. ft.) ? Generally, 700 square feet of apparatus space is needed for each major fire vehicle and 350 square feet for each rescue squad vehicle to accommodate for vehicle storage and free circulation around the apparatus. ? Provide satellite office space for police department within all new or renovated stations (see Police section of the Community Facilities Plan). The space should consist of a general office space and include a small, secure storage area. Separate access is desirable, but not necessary. ? Provide meeting room space within all new and renovated facilities. ? The station should be oriented to the street and brought forward to the extent feasible and practical. Because of unique characteristics with fire/rescue stations (bay and apron access needs, site circulation needs, etc.), the building and parking area’s relationship to the street may need to be more flexible. Sustainability: 5. Structures - Community facilities should be designed and constructed with a commitment to providing facilities that are environmentally responsible. By addressing environmental responsibility in the design and development of community facilities, the County will create facilities that protect ecosystems, enhance biodiversity, improve air and water quality, reduce solid waste, and conserve natural resources. Employee health - Community facilities should be designed and constructed with a commitment to occupant health and community benefits. By addressing occupant health and community benefits in the design and development of community facilities, the County will be creating facilities with improved indoor air quality, improved thermal and acoustic environments. These facilities will enhance occupant comfort and health, and contribute to the overall quality of life. Pedestrian and Bicycle Access. 6.Where appropriate, Provide sidewalks, walkways, and/or trails to connect the station site to the neighborhood(s). Consider the need to program in the CIP necessary walkway improvements within a ¼ mile radius of the site to provide adequate pedestrian linkages between the neighborhood and the library, based on the community’s potential usage of the station (meetings rooms, etc.). In addition, bicycle parking shall be provided. Vehicle Numbers. 7. (Fire Stations) In determining if a fire station is adequately equipped, fire fighting capability must be determined. The most common method to determine this is by calculating fire flow and fire suppression capability. Fire flow is the estimated amount of water needed to extinguish a fire in a structure and is usually defined as needed gallons per minute (GPM). Fire suppression capability is an expression used to define how much fire fighting power can be placed into action to fight a fire. It includes determining the amount of apparatus, personnel and equipment needed to effectively serve an area based on the characteristics of the service area. Other factors to consider include population characteristics (existing/potential), land uses (existing/potential), total area covered, density of development, terrain, and threats to human life and property. Mutual aid agreements with other stations should be considered for providing certain types of specialized equipment such as aerial trucks. (Rescue Stations) The number and type of rescue vehicles shall be related to the squad’s service area characteristics. The service area characteristics such as the number of calls and type of calls shall be evaluated annually to determine if each station is adequately equipped. Also total area covered, density of development, unique population and land use characteristics, and terrain should be considered. Mutual aid agreements with other stations should be considered for providing certain types of specialized equipment such as heavy duty rescue trucks (auto extraction) trucks, scuba units, and rescue boats. September 1, 2004 (Regular Day Meeting) (Page 41) Circulation 8.. Traffic patterns within the station should be carefully considered and allow personnel to reach the apparatus room from all parts of the building with minimum confusion during an alarm. Provisions should be made to accommodate future apparatus such as aerials and platforms, which require more height than the standard pumper. Traffic circulation should be designed to allow fire or rescue vehicles to enter on one side of the station and exit on the other side in order to avoid backing. Timing for New Station Construction 9.. Construction of a new station should be based on the number of calls emanating from the proposed service area for the new station. Based on the insurance Service Office (ISO) standards, a new station may need to be constructed when 365 calls per year are received from the proposed service area for the new station and service objectives are not being met in that area. Service Capacity for Existing Stations. 10.A threshold of 1000 calls per year can be used as a benchmark indicator of full capacity of any fire/rescue station. Once this threshold is met, improvements or modifications will need to be made to provide for balanced service among all the stations (new station, revise service area, etc.) or to the allow station(s) to function effectively above 1000 calls per year. However, this is not the sole method to determine the need for upgrades or enhancements to fire/rescue services. Other factors, or unique issues/circumstances related to the station/service area, may create the need for improvements to existing stations or establishment of new stations before the 1000 call threshold is reached. MAP K: COUNTY VOLUNTEER FIRE COMPANIES AND RESCUE SQUADS LIBRARY SERVICES Public Library services are provided to the County by the Jefferson-Madison Regional Library System 0MRL). Members of this regional system include Albemarle, Greene, Louisa, and Nelson counties, and the City of Charlottesville. The entire regional system consists of eight facilities plus one bookmobile, which provides service to the region. The facilities include (See Map #7): Central Library/Headquarters, Charlottesville (29,000 sq. ft.*) Gordon Avenue Branch Library, Charlottesville (12,384 gross square feet [gsf]) Northside Branch Library, Woodbrook (15,572 gsf) Crozet Branch Library, Crozet (1,864 gsf) Scottsville Branch Library, Scottsville (3,900 gsf) Greene County Branch Library, Stanardsville (7,400 gsf) Louisa County Branch Library, Mineral (15,000 gsf) Nelson County Branch Library, Lovingston (4,000 gsf) *NOTE: GSF for the Main Library is 42,100. The total assignable area is 29,000 square feet due to the particular construction/design of the building (unusually thick walls, large columns, and mezzanine) In addition to the JMRL system services, the University of Virginia Library and Piedmont Virginia Community College resources are available to the general public. Any resident of the County may obtain a University library card, and use the facilities and check out books. However, while the University provides an excellent opportunity for residents to have available an additional source of services and information, a state educational institution should not be expected to provide primary public library service to County residents. An academic library's mission and role is oriented to a different client group, . namely students and faculty, and is uniquely different from the mission of a public library systemIt should also be noted that the public school system libraries, while not available to general public use, do provided a service to a certain population group and reflect a major county investment in library services. JMRL conducted a facility planning study in 2001 (Jefferson-Madison Regional Library, Albemarle County Facility Planning Study, dated June 1, 2001). Much of the assessment provided in that study and standards established in the study are still valid. This study noted that public libraries are in the process of changing with the information age. This is putting pressure on the library to find space for computers and new media (books on tape, CD’s, videos, DVD’s, etc.) alongside an ever-increasing quantity of books. “Based on trends seen in library systems around the country, space use has been impacted by changes in technology, but the overall space needs have not changed significantly. While more people are accessing electronic forms of literature, there is something of a trade-off between computer space and book space. The best information to date about the amounts of space needs, resulting from technology changes, is the amounts of space devoted to various uses can be expected to change, but overall amount of space needed is not expected to change appreciably.” The County’s building space requirements have traditionally been slightly higher (minimum 0.7 square feet per resident) than the recommended state standard (0.6 square feet per resident). This is due to the high demand for service experienced in the Charlottesville-Albemarle area. The information on the Albemarle resident’s usage of libraries in the Albemarle County Community Profile, 2003, is reflective of this demand. Last year (2003), the regional library circulated over 1.9 million items, or about 10.5 per capita. The national average for libraries of comparable size is 6.9 items per capita. Library use at the Regional Library has increased by 31 percent since 1997. There are currently 106,553 active borrowers, meaning that 60 percent of residents have used their cards within the past 3 years. Over 10,000 Albemarle County residents use the library’s Internet computers per month. Due to the shared use of existing libraries by the City and County residents, overall facility demands will be based on the combined population of Charlottesville and Albemarle. September 1, 2004 (Regular Day Meeting) (Page 42) SERVICE OBJECTIVES Location - 1. Libraries should be provided in the designated Development Areas. Locate library facilities in a manner that provides the most convenient access possible to residents within the designated service area. Services to the Rural Areas shall be provided from facilities located within the Development Areas and by the Bookmobile service. Other such alternative outlet facilities/services (such as small kiosks/outlets with network connections to the library system) which do not require significant capital outlays for buildings may be considered as alternative methods for providing service to the Rural Areas, if consistent with the County’s Growth Management and Rural Area policies. Collection - 2. Provide three (3) books/materials per capita. All collections will include a variety of electronic media, including CD’s, books, and tapes. Building Space - 3. Provide a total library space of 0.7 gross square feet (gsf) per resident in the Albemarle - Charlottesville area. This is measured as the aggregate space of all buildings in the County. It should be recognized that the state’s minimum library space standard (Library of Virginia standard) is 0.6 gsf. Due to the level of service experienced in the County, it is most desirable to strive to achieve the 0.7-gsf level; the state standard should be considered the minimum acceptable standard. 4. As a general target, library facilities should be provided at a rate of one for every 20,000 residents. However, size of existing structures, use of alternative service techniques, and actual demand for services will affect the number of facilities provided. Service area - 5. Specific service areas should be identified for each library facility. 6. Desirable travel time to the library facility for 75 percent of the service area should be ten (10) minutes for Development Area residents and 20 minutes for Rural Area residents. 7. Bookmobile. Maintain existing service to the outlying areas, especially those areas that require outreach service. Ensure that the bookmobile is maintained and replaced when necessary. SERVICE/FACILITY STANDARDS The standards below attempt to ensure that library structures meet the needs of the County residents. These standards should be used in conjunction with the Overall Service Objectives of the Plan and the Service Objectives from the preceding page. Location of Site 1. . Locate library facilities within neighborhood centers, downtown areas, or other commercial/service area concentrations. Locations in or at the edge of residential neighborhoods may also be considered an appropriate location. Library location/design should be consistent with the general intent for the facility as described in the Comprehensive Plan-Neighborhood Master Plans. Alternative Service Space 2. . Prior to making a major investment in buildings and resources, alternative facilities such as leased space in commercial/office areas (store front space), temporary modular structures, kiosks, or other public institutional areas shall be evaluated and utilized. These sites shall be utilized until it is determined that adequate demand for the service exists and the type of permanent facility needs to be provided is determined. Both leased space and modular facilities can be considered a long-term facility option, if those types of facilities prove to meet long term needs and are cost efficient. 3. Buildings. ? Most branch libraries will be full-service facilities with similar offerings. ? Due to construction and operational cost efficiencies, generally libraries will be between 15,000 and 30,000 square feet in size. Smaller facilities may be appropriate, given the needs of the service area and the relationship of the facility to other library facilities. Minimum size for a headquarters library building shall be 25,000 square feet. ? Single story storage structures are preferred due to construction cost, operational efficiencies and security. However, multi-story structures are seen as a viable option to allow a location on a smaller infill site, or to address topographic and/or other site constraints. Books/Indoor Facilities 4. . JMRL standards of total collections, resource materials, special rooms, staff space and public seating space shall be utilized. ? Collection Size. Provide three (3) items per capita (books, books on tape, CD’s, videos, DVD’S, etc.). ? Public Seating. Three (3) seats per 1000 residents. A variety of seating choices will be provided for adults and children. Lounge seating for casual reading, study tables, and computer stations will be provided. A quiet study room may be provided depending on September 1, 2004 (Regular Day Meeting) (Page 43) need. A separate children’s program room may be provided based on the characteristics of the service area. Seating meeting ADA requirements shall also be provided. ? Staff Work Areas. Staff areas should be adjusted to each branch’s need. Public service desks as well as staff workrooms should be large enough to handle peak loads. ? General Meeting Room Space. Meeting room space should be provided based on a minimum of ten (10) sq. ft. per seat (Library of Virginia standard), minimum of one for a library of less that 15,000 sq. ft., minimum 2 for a library larger than 15,000. Additional meeting rooms may be provided depending on the needs within the service area. Meeting space will support programs for both adults and children. Size of Site 5. . The site should be large enough to provide a sufficient square or rectangular library footprint, the required parking, future expansion needs, and allowances for setbacks, zoning requirements and suitable landscaping. A target minimum size is 2 acres, with more acreage potentially needed for larger facilities. Smaller sites may be appropriate depending on the character of the site, building design, and ability to use alternative parking schemes. Parking 6.. Adequate parking should be provided to support the overall use of the building. ADA parking requirements shall be met. The actual amount of parking for each library should be determined as part of the building program. The quantity will be determined by the building size, population served location, availability of public transportation and other factors. In high volume locations with limited transportation alternatives, 1 space per 300 gross floor area may be necessary. On-street parking and cooperative parking with adjacent uses should be utilized as ways to meet parking needs. Parking areas should not be located between the building and street, to the extent feasible. Accessibility 7.. The site shall be easily accessible by auto, transit service (where available), bicycle, and pedestrian by sidewalk. Neighborhood Compatibility 8. . The library should be compatible with surrounding adjacent properties and neighborhoods, both for existing and future land uses. Other factors in considering compatibility include traffic impacts and quality and character of surrounding development (architectural design, scale, landscaping, maintenance, etc). Visibility. 9. A prominent location is required to attract and encourage use of the library. The site shall be located where people can access it and conduct other activities in the same trip. Available street frontage, building placement, location relative to employment/service/activity centers; existing traffic volumes shall be considered in evaluating visibility. Environment 10. . The relationship of the building to the topography of a site shall be such that grading and development costs are minimized. The library site should not disturb any environmentally sensitive resources located on the site such as streams, wetlands and steep slopes. The environmental resources on the site are not to be extensive enough to alter or restrict the design of the building structure. The soil and subsoil conditions on the site are to be both adequate for supporting the building and vegetation. Pedestrian and Bicycle Access. 11. Provide sidewalks, walkways, and/or trails to connect the library site to the neighborhood(s). The County should program in the CIP necessary walkway improvements within a ¼ mile radius of the site to provide adequate pedestrian linkages between the neighborhood and the library. In addition, bicycle parking shall be provided. Infrastructure 12. . Public water and sewer service to the site is desirable at the time of acquisition. Roads providing access to the site should be designed to accommodate the expected traffic flow. All necessary road improvements to accommodate a library such as turn lanes, acceleration/deceleration lanes, signal light, etc. shall be installed at the time of construction. Lighting. 13. On-site lighting (for parking, fields) should be the minimum necessary to provide for adequate safety and security. Sustainability: 14. Structures - Community facilities should be designed and constructed with a commitment to providing facilities that are environmentally responsible. By addressing environmental responsibility in the design and development of community facilities, the County will create facilities that protect ecosystems, enhance biodiversity, improve air and water quality, reduce solid waste, and conserve natural resources. Employee health - Community facilities should be designed and constructed with a commitment to occupant health and community benefits. By addressing occupant health and community benefits in the design and development of community facilities, the County will be creating facilities with improved indoor air quality, improved thermal and acoustic environments. These facilities will enhance occupant comfort and health, and contribute to the overall quality of life. MAP L: JEFFERSON MADISON REGIONAL LIBRARIES September 1, 2004 (Regular Day Meeting) (Page 44) SCHOOLS A high quality education system is important to Albemarle County. The overriding goal for the County is to provide educational opportunities for each student to achieve the highest level of achievement possible consistent with his or her capabilities, aptitudes, and interests. Schools play a vital role in the County's development and careful consideration must be given to the location and development of schools in order to be consistent with not only the goal of providing educational opportunities to all children, but also the growth management goals of the County. There are a total of 26 public schools in Albemarle County, including sixteen elementary, five middle, and four high schools including the Murray High School and the Charlottesville-Albemarle Technical Center (CATEC) (See Map #X). An objective of this Community Facility Plan is to provide adequate parks and recreational facilities through the utilization of school facilities. The result is the non-duplication of many recreation facilities, saves the County on costs associated with providing land and recreational facilities, and provides for the more effective use of existing public facilities. Therefore, it is important that schools sites are adequately sized to function effectively as Community and District Parks (See Parks and Recreation Section). This plan does provide for greater flexibility in elementary school design by allowing for a smaller school site based on providing additional “community park” facilities at other locations within the community and not at an elementary school. Presently, the School Board and the Parks and Recreation Department have an agreement whereby the schools purchase the land, provide grading, and install major sports facilities related to school activities such as football and baseball fields and the track. The Parks and Recreation Department then provides funding for the remainder of the facilities required based on the standards outlined in the Parks and Recreation section of the plan. The objectives and standards below attempt to ensure that all facilities will meet the needs of the County. These standards should be used in conjunction with the Overall Service Objectives (p. XX) of the Plan. SERVICE OBJECTIVES 1. Establish service areas for existing schools and identify those geographic areas not effectively served as the basis for identifying overall school facility needs. 2. New schools should be located within the designated Development Areas to support the County’s growth management policies. The existing schools located in the Rural Area are intended to be maintained and upgraded/expanded as necessary in order to continue to serve rural residents. 3. School location and design should be consistent with the general intent of the facility as described in the Comprehensive Plan-Neighborhood Master Plans. 4. Locate schools on sites meeting the optimum number of general location criteria: ? Places elementary schools within neighborhoods and at neighborhood edges. Locates middle and high schools between neighborhoods in the Development Areas because of their size. ? Maximizes safe and convenient access to pedestrian and road networks ? Is compatible with adjoining planned and existing land uses. Locations near industrial and major commercial developments are less desirable, but not necessarily prohibited sites. ? Is served by public water and sewer, and adequately served by police/fire and rescue services. ? Is aesthetically pleasing physical qualities and appropriate engineering/developability features (soils, topography, floodplain, wetland, etc.) 5. Strive for parity in school facilities throughout the County. 6. Provide adequate classroom space and facilities to serve school enrollment. In addition, provide / adequate recreationalathletic facilities on a school site to serve the students and provide Community or District Park level services as identified in the Parks and Recreation section of this Plan. The school division will make school, park, and recreational facilities available for community and public use, after meeting its responsibilities to students. 7. Provide new school facilities and the expansion of existing facilities over the next ten years in a manner that corresponds to that outlined in “The Long Range Plan for Albemarle County ” Schools.Discourage the use of modular facilities as permanent facilities, as they are not seen as an appropriate long-term solution for overcrowding. However, periodic use of modular facilities during periods of enrollment fluctuations or prior to expansion or development is viewed as a normal practice and economic necessity. 8. Identify land needed for school expansion and new schools and reserve these sites as soon as feasible for future use. Utilize a standard school site selection procedure. September 1, 2004 (Regular Day Meeting) (Page 45) 9. Encourage innovative alternatives to address new facility needs, including potential cooperation with the City. STANDARDS FOR ALL SCHOOLS There are certain standards that apply to elementary, middle schools and high schools. These include the following: Building Location : School design and development should reflect the desire to achieve parity, cost efficiencies and timeliness of construction. Building and site design should also be sensitive to the character of the site and neighborhood setting. School buildings should be designed to fit the terrain of the site and transition into the surrounding neighborhood to the greatest extent physically and programmatically feasible. The school building should be oriented to the public street when physically and programmatically feasible to encourage pedestrian access and connectivity to the surrounding neighborhood. Buildings: While single story structures are preferred for operational and program efficiencies, multi- story structures are considered a viable option to address site development issues, and/or expansion needs. Buildings oriented to the street are generally encouraged, but ultimate location and orientation of the building should also be sympathetic to the existing (or future) character of the surrounding neighborhood, physical characteristics of the site, and issues of site efficiency and security. Walks: Provide sidewalks, walkways, and/or trails to connect the school site to the neighborhoods. The County should program in the CIP necessary walkway improvements within a ¼ mile radius of the site to provide adequate pedestrian linkages between the neighborhood and the school. On site, walkways are to directly connect streets, bus loading zones, parking areas and auxiliary facilities to main building(s). Bicycle Facilities : Bicycle access and facilities (bike trails and racks) should be incorporated into the design of the school. The County should program in the CIP or the Six Year Secondary-Road Construction Plan the necessary bike facilities improvements within a ¼ mile radius of the site to provide adequate linkages between the neighborhood and the school. Driveway: Driveways are to provide access and control traffic to loading areas, parking areas and building service entrances and should be strategically located and designed to minimize vehicular and pedestrian conflicts on the public street. Multiple access points to a site may be considered appropriate based on site design issues. Entrances should be designed in a manner that allows for the construction of right and left turn lanes at the intersection with a public road. Parking: To the extent physically and programmatically feasible, parking areas should be located no closer to the street than the school building. It is recognized that there may be characteristics of certain sites which affect the ability to fully implement this standard. Efforts should be made to meet parking requirements, particularly for overflow needs, through alternate means including designing internal roads to accommodate parallel parking, recognition and use of available on-street parking, and cooperative parking agreements with adjacent uses Bus and Student Loading Zones: Bus loading zones are to be designed to accommodate all buses anticipated at one time. The bus parking area should be designed in connection with the loading zone, independent of driveways and designed so that backing is unnecessary. Designated bus spaces control signs are also recommended. It is desirable to have a student drop-off/pick-up zone that is separated from the bus loading zone and parking area. Surrounding Land Use: Locations near industrial and major commercial developments are less desirable, but not necessarily prohibited sites. Lighting: On-site lighting (for parking, fields) should be the minimum necessary to provide for adequate safety and security. Environmental: The relationship of the building to the topography of a site shall be such that grading and development costs are minimized. To the extent feasible, school construction should not disturb any environmentally sensitive resources located on the site such as streams, wetlands and steep slopes. The environmental resources on the site are not to be extensive enough to alter or restrict the design of the building structure. The soil and subsoil conditions on the site are to be both adequate for supporting the building and vegetation. Sustainability: Structures - Community facilities should be designed and constructed with a commitment to providing facilities that are environmentally responsible. By addressing environmental responsibility in the design and development of community facilities, the County will create facilities that protect ecosystems, enhance biodiversity, improve air and water quality, reduce solid waste, and conserve natural resources. Employee health - Community facilities should be designed and constructed with a commitment to occupant health and community benefits. By addressing occupant health and community benefits in the design and development of community facilities, the County will be creating facilities with improved indoor air quality, improved thermal and acoustic environments. These facilities will enhance occupant comfort and health, and contribute to the overall quality of life. September 1, 2004 (Regular Day Meeting) (Page 46) Infrastructure: Public water and sewer service to the site is desirable at the time of acquisition. Public roads serving the school site shall be adequately designed to accommodate expected traffic flow. All necessary road improvements to accommodate a school such as turn lanes, acceleration/deceleration lanes, signal lights, crosswalks, etc. shall be installed at the time of construction. SERVICE/FACILITY STANDARDS Below are recommended service facility standards that should be utilized to ensure that educational facilities and services are being provided equally throughout the County. These standards should be used in conjunction with the Overall Service Objectives (p. 5) of the Plan and the Service Objectives from the preceding page. Elementary School The standards below attempt to ensure that all new facilities developed will meet the elementary school needs of the County. 1. Location of Site: Sites shall be selected and acquired where sufficient population growth is anticipated. Seventy-five percent of the students are to live within 2.5 miles radius of the facility. . Whenever practical, schools are to be located on a collector or local streetExisting schools located in, and largely serving, the Rural Area are not expected to meet this standard. 2. Size of Site: The usable area for an elementary school site shall be a minimum of 12 acres. However, smaller sites may be viable depending on initial school capacities, alternative building design concepts and location of parking, field areas, off- site storm water facilities or other features. 3. Enrollment: Rated Capacity should not exceed 600 students. : 4. ParkingParking area should be based on faculty and staff size, and school/public assembly and recreational use. The most significant generator of parking is school events and gym use for assembly and/or recreational activities. 5. Recreational Facilities: Elementary Schools are intended to provide a diversity of recreational opportunities for the school population as well as provide Community Park level of services to the surrounding area. In an effort to ensure that there is flexibility in design standards to allow schools to be designed to better fit within the neighborhood it is located in, two levels of recreational facilities standards are established for elementary schools to meet Community Park standards. The “Neighborhood” level school provides the minimum level of recreational/athletic facilities recommended to adequately serve the student population and surrounding neighborhood. The “Community Park” level school provides for a higher level of recreational facilities, and will require a larger site to accommodate. The following should be provided at each school: ELEMENTARY SCHOOL FACILITIES NEIGHBORHOOD SCHOOL “COMMUNITY PARK” SCHOOL Facility Amount Size Amount Size Gymnasium 1 8,000 sq. ft. 1 8,000 sq. ft. Hard Surface Area* 2 14,000 sq. ft total 2 14,000 sq. ft. total Multi-purpose Field 1 81,000 sq. ft. 2 126,000*** sq. ft. Baseball/Softball Field 0 N/A 2 135,000 sq. ft. Basketball Court 0 N/A 1 5,000 sq. ft. Playground/tot lot 2 14,000 2 14,000 sq. ft. Track**/measured loop N/A As space permits 1 Around field area TOTAL 117,000 sq. ft. 302,000 sq. ft. * Including 2 basketball goals ** Can be accomplished in different ways at elementary schools ***1 field @ 81,000, 1 @ 45,000 sq. ft. Middle School The standards below attempt to ensure that all new facilities will meet the middle school needs of the County, as well as achieve “Community Park” level service function (See Parks and Recreation section). 1. Location of Site: Sites shall be selected and acquired where sufficient population growth is anticipated. Seventy-five percent of the students are to live within five miles radius 2. Size of Site: The usable area for a middle school site shall be a minimum of 25-30 acres. 3. Enrollment: Rated capacity should not exceed 900 students. September 1, 2004 (Regular Day Meeting) (Page 47) 4. Parking: Parking area should be based on faculty and staff size, and school/public assembly and recreational use. The most significant generators of parking are school events and gym use for assembly and/or recreational activities. 5. Recreational Facilities: Middle Schools are intended to provide a diversity of recreational opportunities for the school population as well as District level park services to the surrounding community. The following should be provided at each school: The following should be provided at each school: MIDDLE SCHOOL FACILITIES Facility Amount Size (sq. ft.) Gymnasium* 1 10,000 Hard Surface Area 1 3,600 Multi-purpose Field 2 162,000 Baseball/Softball Field 2 135,000 (250 ft. x 250 ft.) Basketball Courts (2 full courts) 2 12,000 Tennis Courts 2 12,500 (100 ft. x 46 ft.) Playground/tot lot** 1 2,500 Jogging/walking trail/track 1 As space permits Asphalt track/Loop 1 Around multi-purpose field TOTAL 246,000 *When capacity exceeds 850 pupils, an additional 5,000 sq. ft. should be provided. **May be provided when recommended by Dept. of Parks and Recreation, based on community need. High School High Schools offer a wide range of educational opportunities and extra-curriculum activities. The stand- ards below attempt to ensure that all new facilities developed will meet the high school needs of the County and address District level park services. 1. Location of Site: Sites shall be selected and acquired where sufficient population growth is anticipated. Seventy-five percent of the students are to be within seven radius miles of the school. Whenever practical, school sites shall be located on a major collector road with good visibility. 2. Size of Site: The usable area for a high school site shall be a minimum of 45 acres. 3. Enrollment: Rated capacity 1,500 students. 4. Parking: Parking area should be based on faculty, staff and student size, and school/public assembly and recreational use. The most significant generators of parking are schools events, including gym and stadium use for assembly and/or recreational activities. 5. Recreational Facilities: High Schools are intended to provide a diversity of recreational opportunities for the school population as well as District level park services to the surrounding community. The following should be provided at each school: The following should be provided at each school: HIGH SCHOOL FACILITIES Facility Amount Size (sq. ft.) Gymnasium 1 18,000 Auxiliary Gym 1 8,000 Hard Surfaced Area 0 0 Multipurpose Field 5 363,000 Basketball Courts 2 12,000 Stadium Game Field 1 180,000 w/Track Softball Field 1 62,500 Baseball Game Field 1 130,000 Tennis Courts 8 7,200 Playground/Tot Lot* 0 2,500 Cross Country Track 1 N/A Jogging/Walking Trail 0 As space allows TOTAL 811,500 *May be provided when recommended by Dept. of Parks and Recreation, based on community need. PARKS AND RECREATION (UNDER REVIEW) September 1, 2004 (Regular Day Meeting) (Page 48) Parks and Recreation services are provided by the County under the administration of the Albemarle County Parks and Recreation Department. Facilities provided by the County are available for use by residents of the City and adjacent localities. Facilities provided by the City of Charlottesville are available for County residents, with Pen and McIntire Parks being two of those most frequently visited (see Map K). The provision of parks and recreation facilities can serve to achieve a variety of community objectives. - Two of the most common purposes are: (1) the provision of activityrelated recreation opportunities; and, (2) the preservation of significant environmental or historic resources. Recreation facilities are provided through a hierarchy and are classified by their function and services provided. The classifications include: 1) Neighborhood; 2) Community; 3) District; and 4) County. New park facilities, especially Community and District Parks, should be located within the Development Areas, whenever practical, to support the County’s Land Use Policy. Outlying development areas such as Communities and Villages, as well as existing school sites, will serve as park service centers for portions of the County located in the Rural Area. Because the County contains a large land area, there are portions of the Rural Area that are located outside a Park’s recommended service area. The outlying Rural Areas should not anticipate an equal level of park service that is provided in and around Development Areas; therefore, the location of new parks to serve the outlying Rural Area, with the exception of County Parks is not recommended. The private sector, the City of Charlottesville, and the University play a vital role in meeting the recreational needs of the County. These groups provide a number of tennis courts, basketball courts, tot lots, swimming pools and other recreational facilities. Cooperative efforts between these groups and the County should be encouraged to satisfy the recreational needs of the County. Service Objectives 1. Provide recreational opportunities in those areas not effectively served, especially in or near Development Preserve and provide access to and within areas identified in the Albemarle County Open Space Plan for public use. 2. Utilize County school facilities as an integral part of providing recreational opportunities to County residents. - 3. Provide recreational facilities Countywide, based on the standards recommended in this Plan. 4. Upgrade facilities in Albemarle County that do not meet the standards outlined in this Plan to provide a full range of recreational opportunities to their service area in a - complementary and nonduplicative fashion. 5. Upgrade facilities in Albemarle County that do not meet the standards outlined in this Plan to provide a full range of recreational opportunities to their service area in a - complementary and nonduplicative fashion. 6. Emphasize maintenance and enhancement of existing facilities. Recommendations - • Provide Communitylevel park service to the eastern portion of Neighborhood 3 by upgrading facilities at Darden Towe Park. - • Provide Districtlevel park service to the Scottsville Community by upgrading Totier Creek Park and/or Scottsville Elementary. • Ensure that existing parks and recreation facilities are adequately maintained to permit their continues productive and safe use. • Upgrade and repair existing facilities at the elementary, middle and high schools to ensure that the sites are functioning effectively as Community and District Parks. • Construct public access facilities around and within sites indicated in the Open Space Plan for public use and ensure safe and efficient use of the area. • Encourage the maintenance and enhancement of existing public access points to the Shenandoah National Park. • Conduct an evaluation on the indoor recreational needs of the County. Consider providing indoor recreational facilities based on the results of the needs assessment conducted by the County. • Conduct an evaluation of the Bartholomew property on State Route 641 and Preddy Creek to determine the most appropriate uses for the property. COUNTY GOVERNMENT ADMINISTRATION (UNDER REVIEW) September 1, 2004 (Regular Day Meeting) (Page 49) The Albemarle County Office Building is the focal point for general governmental business in Albemarle County. As such, attention must be given to providing adequate space and establishing an environment which creates efficiency in operation and a sense of pride and ownership in local government for the people of Albemarle County (see Map K). Service Objectives 1. Centralize government administrative services near population/employment centers in the City and/or in Development Areas of tee County to effectively provide efficient operations and convenient locations for the general public. 2. Provide a standard of office space per employee. Additional space needs may be met by one or more of four options: a. Construct additional space at the existing central site. b. Provide satellite facilities in one or more highly populated Development Areas of the County. c. Lease nearby, office space. d. Purchase additional building(s). 3. Provide ancillary space needs in conjunction with the provision of new space. 4. Provide additional space in accordance with need. Do not defer provision of new space to a point where unsatisfactory conditions exist. Maximize flexibility in space design to maximize opportunities to use/modify/expand/reduce internal space. 5. Evaluate existing space in the current building and eliminate inefficient design which may allow for additional office space. 6. Provide adequate space to allow departments that relate closely in responsibility and activities to locate in the same structure. Within the structure, location of such - departments should be primarily based on their operational interrelationships to assure they can function efficiently and serve the public effectively. 7. Design any new facilities constructed on the existing site to be functionally and aesthetically complimentary to the existing structure. Recommendations • If deemed appropriate, provide additional office space either through leasing, purchasing, or construction of a new building. If future additional space is provided, the existing office building should be reconfigured, as necessary, to accommodate anticipated office space demand of remaining departments. If additional office space is provided at the existing site, a master plan adopted by the Board of Supervisors shall be utilized as a guideline for siting, designing, and landscaping new buildings. • Subject to review, retain the Police Headquarters at the County Office Building site with the provision of additional space needs to address the current deficiency as a high priority. All possible options to satisfy the department’s space needs should be reviewed. SOLID WASTE MANAGEMENT (UNDER REVIEW) Solid Waste Management addresses collection and disposal of domestic solid waste for residences, institutions, businesses, and industries, and also includes inert construction debris, brush, yard waste and vegetative debris. It does not include wastewater treatment or hazardous waste facilities. However, hazardous waste is a solid waste management issue and will need to be addressed. The recommendations of the Solid Waste section of the Community Facilities are currently under study by the Solid Waste Task Force. The recommendations of this section may be amended based on the findings and recommendations of the Solid Waste Task Force. Landfills Disposal for the City, University and County is provided through the Ivy landfill. This landfill is located on Route 637 in Ivy, approximately eight (8) miles southwest of the City. The landfill uses a single linear through motion for disposing of garbage and separating out construction debris, white goods and metals, tins and brush for separate disposal and recycling. It has a total of 300 acres with approximately 100 acres used to date. The Ivy landfill was previously owned and operated by the City and County. However, in the interest of efficient operation the City and County created the Rivanna Solid Waste Authority (RSWA) to operate this and future landfills, recycling centers, and disposal centers. Currently, RSWA’s main responsibility is to operate the Ivy landfill, which was conveyed to them by the City and County. The RSWA is also responsible for ensuring the Ivy landfill adheres to the Virginia Department of Waste Management regulations. The RSWA is not authorized directly or indirectly to September 1, 2004 (Regular Day Meeting) (Page 50) collect solid waste in the City or County. The RSWA may set up transfer stations and transfer waste between facilities. At the Ivy landfill, approximately 32% of the waste comes from Charlottesville, with the remainder, about 68%, from Albemarle County and the University of Virginia. Transfer Stations A transfer station is any solid waste storage or collection facility at which solid waste is transferred from collection vehicles to haulage vehicles for transportation to a central solid waste management facility for disposal, incineration, or resource recovery. The Board of Supervisors does not endorse the use of transfer stations in the County at this time. Instead, the Board has endorsed the use of private haulers to provide the transfer service. Recycling Recycling is a part of the solid waste management system in Charlottesville and Albemarle County. The RSWA is responsible for processing recyclables received through local programs. The Rivanna Solid - Waste Authority operates two voluntary dropoff recycling centers in the Charlottesville/Albemarle Area. These centers are located on McIntire Road near the Albemarle County Office Building (McIntire Center) and at the Ivy Landfill. Albemarle County helps subsidize a curbside recycling program through willing private refuse haulers. So far, over ten private refuse hauling companies have begun to participate and serve both single family and apartment customers. Service Objectives: 1. Local initiatives should be generally reflective of the State of Virginia’s hierarchy for solid waste management activities: source reduction, reuse, recycling, resource recovery, incineration, and landfills. 2. Develop a solid waste program that adheres to the rules and regulations of the Virginia Waste Management Act. 3. Develop an efficient and environmentally sensitive solid waste management program. Ensure solid waste generated in the County is collected, processed and disposed of in a manner beneficial to the health, safety and welfare of the citizens of the County. 4. Explore and participate in solid waste disposal methods and programs which will cost effectively increase the life expectancy of the existing landfill. This should include study of all solid waste activities listed in service objective #1. 5. Continue to support the use of private haulers in the collection and transfer of solid waste material in the County. 6. Establish a comprehensive household hazardous waste program for the County. 7. Increase understanding of the need for solid waste management and increase the participation of individuals, businesses and institutions in waste reduction. 8. Analyze possible economic savings and other benefits by evaluating various financing methods including City/County, private or regional funding. Recommendations • The County should utilize a combination of solid waste management activities discussed in this section. This program should increase the participation of individuals, businesses and institutions in source reduction and reuse. • Initiate a study to locate a new landfill site. This study should be in conjunction with other jurisdictions and the possibility of a Regional Landfill should be considered. - • Determine the most costeffective and beneficial method to collect recyclables and implement this program immediately to ensure the County adequately meets State mandates for recycling. • Develop a data collection program that ensures accurate reporting of recycling activities and allows the data to be used for accurately projecting future waste stream. • Develop and implement an integrated education program for all aspects of the waste stream in consultation with the City, University, RWSA, private sector and other interested groups. This education program should promote the purchase and use of recyclable materials. _______________ September 1, 2004 (Regular Day Meeting) (Page 51) Agenda Item No. 21. CPA-2003-006, Rural Areas Comprehensive Plan Amendment, Work Session. Mr. Tucker said the Planning Commission, on August 10, 2004, recommended approval of the draft Rural Areas element of the Comprehensive Plan. He said many different individuals and organizations provided invaluable comments during the Commission’s work sessions. Today, staff will outline for the Board the process which will be followed for its work sessions. Ms. Joan McDowell, Planner, said she will make a PowerPointe presentation to introduce this element of the Comprehensive Plan. She said the draft Rural Areas element of the Comprehensive Plan has evolved over many years. Contributions from individuals and organizations such as the Agricultural/Forestal Industries Support Committee and the Rural Areas Focus group were invaluable in development of the Plan, as was the work of former Planner, Mary Joy Scala. Staff also held four public input sessions in the rural areas during the winter months of 2002 and 2003. She said the purpose of the work session today is to allow the Board to decide on a process for the review of the proposed Rural Areas Comprehensive Plan Amendment. Staff thinks it is desirable to hold these work sessions on a regular monthly schedule until their completion. Ms. McDowell said staff has set up the following schedule for this review: Work Session No. 1. Discuss the process and timeline; finalize the list of key issues set forth in the Comprehensive Plan for discussion at subsequent work sessions; review and discuss the trends in the Rural Areas, some of which are set forth in the Introduction of the Comprehensive Plan, and all of which will be included in a Power Point presentation. Work Session No. 2. General overview of the draft Plan; Discuss key issues such as: Guiding Principles; Funding priority for easements; Agricultural support; and Density. Work Session No. 3. Continue discussion of key issues such as: Central water/sewer; Rural Preservation Developments; Crossroads Communities; Additional Uses; Land Use Tax; and Implementation priorities (per objectives and strategies of the Strategic Plan), There would then be a public hearing held, followed by another work session before taking final action. Ms. Thomas asked if Ms. McDowell wanted comments from the Board members now as to whether they agree with the key issues listed. Ms. McDowell said “yes.” Ms. Thomas said she had one suggestion. She thinks the impact on roads and traffic from greater population growth in the rural areas needs further consideration. The Eastern Planning Initiative has some good figures on what happens when there is scattered development. Mr. Rooker asked if Ms. Thomas was suggesting putting in something about transportation in the guiding principles. Ms. Thomas said she was suggesting it be added under the key issues the Board will be discussing. Ms. McDowell said the Planning Commission added a section entitled “conservation uses.” One of the most controversial issues has to do with density and development, and rural preservation development. The Commission has asked that RPDs be mandated and with few exceptions that is the way land would be subdivided in the rural areas. Another key issue is the phasing of development under this plan. Development would not just be initiated by the landowner and subdivided. The County would interject some slowing down of subdivisions. Ms. Thomas asked under which key issue that would be discussed. Ms. McDowell said because it is part of rural preservation development and subdivision in general, a separate discussion could be added for phasing. Mr. Tucker suggested using the guidelines for work sessions as set out above. If there are other issues to add, if Board members will contact Ms. McDowell between now and the October meeting, they can be added, rather than trying to do it now. Mr. Cilimberg said transportation will be added to the list. At this time, Ms. McDowell made a PowerPointe presentation consisting of maps and charts of the rural areas: a copy is on file in the Clerk’s Office. Mr. Dorrier thanked all those who had worked on this draft of the Comprehensive Plan. _______________ Agenda Item No. 22. Policy Regarding Community Development Authorities (CDAs), Work Session on Consideration of a policy. Mr. Tom Foley, Assistant County Executive, said that over the past several months the Board has reviewed the use of Community Development Authorities (CDAs) as a means to address major infrastructure development in the County. CDAs are “corporate body politics and corporate and political September 1, 2004 (Regular Day Meeting) (Page 52) subdivisions of the Commonwealth” created by a locality by ordinance upon petition of the landowners within the proposed area to be included within the CDA. CDAs represent one mechanism to pay for and finance infrastructure that is necessary to meet the increased demands placed upon a locality as a result of development. Mr. Foley said the use of a CDA has been proposed by the North Pointe Development as a component of its proposed rezoning for the purpose of financing its infrastructure. There is a significant difference between the North Pointe proposal and the CDAs proffered in two earlier rezonings (Albemarle Place and Hollymead Town Center). The prior proffered CDAs would provide the County a new method for funding capital improvements, such as regional transportation improvements, by creating a special tax district. The North Pointe CDA would be used to fund typical development costs and proffered improvements by assessing all the properties within the development an amount to pay for tax-exempt bonds used to finance those development related improvements. The North Pointe CDA is effectively a means to reduce development costs and pay for proffered improvements while the previously proffered CDAs were a means of addressing regional impacts created, in part, by that new development. Mr. Foley said the questions before the Board are: If and when is it appropriate to use CDAs to facilitate development and, should the County share in the benefit derived from the approval of a CDA by requiring it to assist in paying for the infrastructure that supports the County’s implementation of the Comprehensive Plan’s master planning initiatives? Mr. Foley said the recent discussion and consideration of CDAs has focused primarily on how a CDA is formed and its potential uses, rather than when use of a CDA is appropriate or desirable in Albemarle County. In other localities, CDAs have been used as a tool or incentive to attract development by providing a financing mechanism that reduces overall development costs. During recent discussions, members of the Board and staff have suggested that the use of a CDA should be reserved for improvements that go above and beyond the typical improvements expected in a rezoning to offset the impact of the development. Clarifying the County’s position on the appropriate use of a CDA is important because it could significantly affect North Pointe’s approach to its pending rezoning application. However, it is also important in a broader sense because of the potential use of CDAs as a means to address urban infrastructure needs in general. Mr. Foley said based on the County’s current land use and economic development policies, staff believes the use of CDAs should be reserved as one tool to help finance infrastructure that is necessary to implement area master plans that have been adopted as part of the County’s Comprehensive Plan. In areas where a master plan has not been approved, staff would recommend that CDAs be considered on an exceptional basis and only after any pending zoning actions have been decided. Staff believes that the use of a CDA should not facilitate development outside of the County’s master planning process. Mr. Foley said it will still be necessary to determine what types of improvements that should be financed by a CDA. Many improvements should continue to be development costs paid for by developers. However, improvements that are above and beyond what would typically be expected to be provided by a developer could be addressed by utilizing the advantages of CDA financing. If a property is already zoned and the proffers determined, improvements above and beyond that which support the Neighborhood Model principles might be a good use of a CDA. An example would be structured parking offered as a way to enhance what the development has already proposed to do. Determining what should be expected to offset the impact of any particular development would remain part of the rezoning process, but guidance from the Board would be necessary to define what is clearly above and beyond what is typically expected to be a developer paid cost of development. Mr. Foley said staff recommends that the Board adopt a policy to limit the use of developer initiated CDAs to the following situations: Projects implementing an approved master plan that is part of the County’s Comprehensive Plan; and, exceptional projects that are only considered after all zoning is in place and which demonstrate that a CDA is necessary to accomplish the infrastructure improvements for that area that are consistent and necessary to implement the Comprehensive Plan. Mr. Foley said if the Board agrees with this proposed policy, it will be necessary for staff to present the Board with additional information and analysis regarding what might be considered “typical improvements”, those that would normally be expected to be paid for by a developer without the use of a CDA and “special improvements” that would be appropriate to be financed by use of a CDA. Defining these improvements will be a necessary component of a final CDA policy. Mr. Foley said the North Pointe development is the subject of the next discussion on the agenda today. If the Board adopts this policy, the current North Pointe development would either need to go back through a master planning process to meet the first recommendation, or the rezoning would need to be presented to the Board without being contingent on a CDA Mr. Dorrier asked if staff had reviewed CDAs in other localities around the state. Mr. Foley said staff looked at those and found that in almost all cases CDAs were used as an incentive for development rather than as a way to promote the form of development. Staff sees that as significantly different from Albemarle’s land use policies. Mr. Davis said in the Washington Post yesterday it was noted that a substantial new development in Loudoun County has filed an application to use a CDA for residential development. They anticipate there will be four additional, large residential developments proposing CDAs. That is different than how they have been used up to this point. September 1, 2004 (Regular Day Meeting) (Page 53) Mr. Boyd said he did not realize CDAs could be used for residential development. He thought CDAs could only be applied to commercial developments. Mr. Davis said they can be applied to any property. Mr. Boyd said in the Executive Summary there is a sentence which says: “During recent discussions, members of the Board and staff have suggested that the use of CDAs should be reserved for improvements that go above and beyond typical improvements expected in a rezoning.” Mr. Boyd said he is not one of those board members who are convinced of that nor does he agree with that statement. He does not know what the typical expected improvements are or how they are evaluated. He knows some previously approved projects were used as guidelines, but he does not know of any policy which talks about expected improvements. Mr. Foley said in the Executive Summary staff started with a chart which said “typical” or “above and beyond.” They felt the approach presented today is a better one. This would only apply to No. 2 where the Board had already approved zoning. Staff recognizes that only some Board members made that comment. Mr. Boyd said he thinks it is appropriate to discuss CDAs. He would not want to restrict them with a policy. He thinks statements in the executive summary would take away the Board’s options. At this time, he is not interested in being restrictive at all in discussions. Mr. Rooker said he thinks that soon the Board needs to decide with respect to North Pointe under what circumstances it will consider a CDA for that project. He said the focus on CDAs came about because of North Pointe. The approved proffers for CDAs for Hollymead Town Center and Albemarle Place were proffers by the developer who agreed to make contributions beyond what their other proffers provided. They were not to be used as a way to finance those proffers. It was a way for them to contribute to additional infrastructure in the future, particularly along the Route 29 corridor. For North Pointe, the Board has a situation where the proffers for a rezoning have been made contingent upon Board approval of a CDA. It is not a CDA based on tax increments like Albemarle Place and Hollymead Town Center, but a CDA which would be used to fund the proffers, and a lot of them appear to be infrastructure for the development. He thinks it is possible that Albemarle Place and Hollymead Town Center might be interested in using CDAs to fund infrastructure if the Board is going in that direction. After the fact, they might want to go back and fund some of their proffers and some of their infrastructure with CDAs. At some point he thinks the Board must focus on the circumstances under which those types of CDAs will be allowed in the County. Otherwise, he does not think the discussion of North Pointe can go forward. Mr. Dorrier said the Board is talking about developing a policy before it deals with North Pointe. He thinks the Board needs to look at what it wants before dealing with a policy. Mr. Rooker said he thought the Board had told staff to bring back recommendations on the use of CDAs of the kind North Pointe wants recognizing that whatever is decided would also be applicable to other developments. The Board has to be reasonably fair in its application of its policies. If the Board moves forward with North Pointe with the concept that a CDA will be used for infrastructure, he thinks it should only be done using a policy that is applicable across-the-board for developments. That is how the Board got to this point. He thinks Albemarle Place would like to use a CDA to build structured parking. Hollymead Town Center would probably like to use a CDA to finance some of their infrastructure. He thinks the Board needs to make a decision about the use of CDAs before applying them to North Pointe. Mr. Wyant asked if the CDAs for Albemarle Place are to be used for off-site work. Mr. Rooker said they made a series of proffers which totaled millions of dollars without regard to a CDA. As an additional proffer they agreed to participate in a CDA which would be a twenty-five cents tax increment with the money being used for public improvements. Mr. Wyant said he thinks the County is mainly interested in improvements off-site. The developers are going to pass that cost to the people within their development, so the cost of parking structures and additional lanes on their roads will be passed on. He thinks that having a CDA to do that is up to the developer. Mr. Rooker said the kind of CDA the Executive Summary is talking about is different from the CDAs approved for Albemarle Place and Hollymead Town Center. The CDA requested by North Pointe would require a legislative act by the Board to create each CDA and the Board would appoint the members of the CDA who would act somewhat as a separate political body. It has not been done in the County before, and that is why the Board is looking at how to do that. Mr. Boyd said this policy does not address the issue of how to set up things, how they are structured, or how to approve that process. He disagrees with Mr. Rooker saying the Board asked the developer to go back and give a non-CDA proposal, which he thinks they have done. The Board now has two options, one with a CDA and one without a CDA. He does not see any reason to set up this policy before going through that discussion. He does not think North Pointe hinges on this policy decision. He asked if they had given the County a proposal that does not include the CDA. Mr. Foley said staff is in the process of clarifying what proffers would be offered if there were no CDA. On October 6th staff will bring to the Board two clear plans, one with and one without a CDA for North Pointe, each with its own set of proffers. September 1, 2004 (Regular Day Meeting) (Page 54) Mr. Boyd said North Pointe has done what the Board asked them to do so he does not see any reason to establish this policy before moving forward in that process. This policy seems like a restrictive use of CDAs and he does not want to close the Board’s options at this point. Mr. Rooker said the County has never had a policy concerning CDAs. The question is, under what circumstances the Board wants to allow the use of CDAs. Board members may make additional suggestions to go along with what staff has presented. Mr. Boyd said that is why he is not ready to vote on a policy at this time. Mr. Wyant asked if Mr. Boyd is concerned because the master plan for that area has not been done. Mr. Boyd said part of what is being recommended by staff is that the Board not make any decisions on properties which have not been master planned. Mr. Foley said that is correct; only if the zoning has been approved first. Mr. Boyd said he is not ready to put that type of fence around something he does not know enough about. Mr. Dorrier said he thinks the Board should look at the CDAs in Loudoun County where applications were just made yesterday. He thinks the Board should study what is happening outside of Albemarle before developing this policy which will be an important policy for the County and which might decide development for years to come. Mr. Rooker said he does not disagree and thinks the Board should take whatever time is necessary to develop the policy. He will point out that with respect to North Pointe there could easily be the “chicken or the egg” problem. Personally, he will not support a North Pointe application which has a substantial number of the proffers based on a CDA when the Board has not yet established a policy for circumstances under which it might approve CDAs. The decisions to rezone property and to set up and approve a CDA are two separate legislative decisions. Without some clear guidelines under which the Board might approve a CDA, it would be difficult for him to consider an application by North Pointe which is contingent upon a CDA. North Pointe may present another application which is not contingent upon a CDA and the Board can judge that application on its individual merits. He does not know how the Board could approve a rezoning with the idea that if a CDA were ever put into place, there would be things which would make it work. The decision to adopt a CDA is an entirely separate legislative decision by this Board. Mr. Boyd said he agrees, but he looks at a CDA as a financing mechanism for infrastructure the Board wants, not what the developer wants. In some cases, it might help the developer and the County. That is why he pushed the Board to get a non-CDA proposal from North Pointe, so the Board could compare the two. The Board could receive a proposal without a CDA which set out a certain amount of infrastructure, but which had financing such as a CDA or some sort of private/corporate partnership, so that amenities could be added. There are several ways that could be handled, but CDAs seem to be the best thing available at this time. His problem is the statement about what is expected of the rezoning in order to offset its impact. He does not know that the “expected rezoning” should be. Part of the fiscal impact of North Pointe is very positive. Looking at the fiscal impact of other projects approved recently, there is a negative. Mr. Rooker said every residential development is fiscally negative, and almost every commercial development is fiscally positive. Ms. Thomas said she would like to mention Mr. Boyd’s financing mechanisms. She said if an applicant came with a rezoning and said their proffers would only work if they got their financing mechanism in order, but they wanted the rezoning anyway, the Board would not take the proffers under that circumstance. Her concern about CDAs is the possibility of creating a CDA, and being asked to approve a rezoning which is a permanent action, on the suggestion that the financing mechanism may come through. She thinks there has to be something more definite about a CDA before she is willing to replace the words “financing mechanism that may come through” with the word “CDA.” Mr. Boyd said that is why the Board asked North Pointe to give an alternative proposal that did not include CDAs. He asked if that proposal has been presented to staff. Mr. Foley said staff will have that for the Board on October 6th. Ms. Thomas said it comes back to what the Board has said about the proposal. The CDA would only be approved by the Board if it produced things over and above what would ordinarily be required. The Board would not accept a proffer based on tentative plans. Mr. Boyd said the financing mechanism is very unusual. What the Board has is a group of people who said they are willing to be taxed, but they cannot tax themselves so they need the CDA. Mr. Davis said the analysis is difficult. If a CDA were approved for North Pointe, it would not be used just to finance the extra Route 29 improvements. North Pointe would do a CDA which would finance a lot of the internal improvements as well as the external improvements since that would generate the tax savings because the interest saved on financing would generate a cash bonus for that developer to use. If the Board allows a developer to use a CDA, how much would they save on typical developer costs? That is part of the staff’s struggle in analyzing this. If the developer uses a CDA, he will save September 1, 2004 (Regular Day Meeting) (Page 55) money because it is tax exempt financing paying for typical development costs. Then it will also pay for things which are special costs that are above what the developer would be expected to pay for. The Board has to balance how much money the developer saves by using that mechanism for typical developer costs. The Board needs to make sure he invests that money into infrastructure that supports the needs of the County. The developer should not profit from using a CDA development financing technique simply to escape other typical development costs. Mr. Boyd said he has a different view of this matter. He does not care what it costs the developer to do it, only what the County will get out of it. If the County is going to get extra school sites, library sites and improvements to roads in the outlying areas, he does not care if the developer saves money. He thinks it needs to be compared as to “the deal” for the County. Mr. Davis said staff does not disagree, but thinks how much more the County would get out of it should be dependent on how much money the developer saves on the infrastructure. Mr. Wyant asked if comparing North Pointe to the previously approved developments is the cause of the concern. He asked why the Board should worry about the amount of money the developer might save. He said people are in business to make a profit. He asked if there is some way to take the interest the developer saves and put that into the infrastructure. He knows the County has the two previous developments, and he has a little bit of a problem when they are compared against this one. He thinks the Board should approve something which is not illegal and which will help the County. Mr. Dorrier said the savings would be passed to the consumer. Mr. Wyant said if someone can come up with an innovative way to help the Board make this decision, he would be in favor of that. Mr. Foley said when this tool is offered, will the County expect some benefit which meets the goals of the Neighborhood Model? If that tool does not provide extra benefits to help the County achieve those goals, the Board may not want to use it. Otherwise, it would simply save development costs for the developer and not use those savings for public purposes. Mr. Rooker said when this discussion began months ago, he said he did not care if the developer found a way to save himself money. He cares that the Board be evenhanded with respect to different proposals. He said the Board should not approve a development that does not pay for its impacts in a meaningful way. If the Board is going to analyze North Pointe with and without a CDA, the Board needs to understand under what circumstances the Board would approve a CDA. He said on October 6th the Board is to get proposals with and without a CDA. He does not know whether he will support the development. He will be “up in the air” looking at those proposals if he does not understand the circumstances under which this Board might approve the CDA proposal. Mr. Boyd said he agrees with what Mr. Rooker is saying. This has nothing to do with saying the Board cannot look at a CDA proposal until it does this or that. He does not think a policy is necessary in order for the Board to look at the value of a CDA in relation to North Pointe. Without having gone through the process of looking at proposals with and without a CDA, and the cost benefit of having a CDA, he is not ready to “box us in” with a policy that says the Board can only look at CDAs under certain circumstances. Mr. Wyant asked if the Board “skirted by” what Mr. Boyd said. What does the Board normally expect and what is above and beyond that? Mr. Bowerman said the Board is in the position of creating value with somebody. A legislative act like a rezoning creates value for somebody. What is the public value derived from doing it? The Board needs to look at that issue and see if it would be creating a public benefit. Mr. Wyant asked how to define “public value.” Mr. Dorrier said as long as the Board is within the confines of the law that is what the Board can do and not be restricted further by a policy that is narrower than the law. The Board cannot go back to Hollymead Town Center and Albemarle Place. Mr. Rooker said he believes those developers will come back to the Board if a policy is adopted. Whether or not the Board adopts this policy today, it will be part of his thought process as an individual Board member when he looks at a proposal that involves a CDA. If he does not see a material public benefit from the granting of a CDA, he will not vote in favor of that CDA. He thinks this is an attempt to outline the kind of public benefit the Board might consider appropriate for approving a CDA. Mr. Foley said staff will bring information back to the Board so it can decide what is “typical” and what is “above and beyond.” The plans brought to the Board on October 6th will show what is not included when the CDA is taken out. Mr. Boyd said he is still not in favor of this recommendation. Mr. Foley said staff met with Mr. Rotgin on Monday and was able to clarify the review that will have to occur in order to give the Board those two plans on October 6th. September 1, 2004 (Regular Day Meeting) (Page 56) Mr. Boyd said his point is that the policy being proposed is not going to change one iota how he would look at it. He asked Mr. Rooker if he was saying that if the Board had a policy which said it would not look at areas which had not been master planned, he would not be able to truly analyze the North Pointe proposal. The other issue is it only being done at the rezoning time. Mr. Rooker said there are two things in the policy. Mr. Boyd read the first one, but not the second one. The second one says “Exceptional projects are only considered after all zoning is in place which demonstrates that a CDA is necessary to accomplish the infrastructure improvements for that area that are consistent and necessary to implement the Comprehensive Plan.” To him that is a fairly broad guideline, but it is a guideline under which the Board might consider whether it is appropriate to approve a CDA. Mr. Boyd said that says the Board will not consider a CDA at the same time as it is considering zoning, and he does not agree with that yet. Mr. Rooker said he does not think the Board has the authority to grant a zoning approval contingent upon a CDA. Mr. Tucker said the second item is trying to separate the land use issue from the funding and financing issue, the CDA. Mr. Davis said if the Board does not follow this recommendation and wants to consider the North Pointe proposal, and if the Board wants to consider the CDA which relates to that development, the process would be to hold the public hearing on North Pointe, reach a consensus that it is a project the Board is in favor of, defer it, have the Community Development Authority (CDA) put together, hold a public hearing on the CDA, adopt it first, and then consider the formal adoption of the rezoning. That is the only way he would recommend that the Board ever adopt a rezoning that is dependent upon a CDA. The CDA really has to be in place first because of several technical reasons. Mr. Boyd asked if that is what occurred at Short Pump. Mr. Davis said that for Short Pump the zoning was already in place, and then they came forward with the support of Henrico County because they were trying to encourage economic development by locating that Short Pump development where it is. They were competing with Richmond and other jurisdictions for that development, so they approved the rezoning, and then subsequently approved the financing as an incentive to the developer. Mr. Boyd asked if there is any pre-consensus approach that the two could be done together. He asked if they would have done the development without the CDA. Mr. Davis said the developer may not have done it at all, but there were no proffers that he had to do the improvements. Mr. Rooker said his only concern is that when the Board gets to the end of North Pointe, this same discussion will arise. If the Board cannot reach a consensus now as to the appropriate circumstances for a CDA, how will it reach a consensus for North Pointe. Mr. Boyd said he still does not feel comfortable with this policy for CDAs. He is not saying a policy should not be considered after North Pointe is finalized, but he thinks it would be a good process to go through to educate the Board members. Mr. Dorrier said he thinks the Board still has work to do on the question of CDAs. Since CDAs have been applied for in Loudoun County, he thinks the Board needs to find out what is going on, and how other CDAs around the state are being used. Mr. Rooker said what was said earlier is that the CDAs in Loudoun are for purely residential development. He thinks they are offering that as a further incentive for developers to create residential development in Loudoun County. Mr. Dorrier said the Board has a combination residential/commercial development with North Pointe with a library site and school site being proposed. He asked if that is what is going on in Loudoun? Mr. Tucker asked Mr. Davis if the zoning already exists in the Loudoun County situation and they are simply requesting the financing of that infrastructure. Mr. Davis said according to the article in the Washington Post, they are proposing new residential development with rezoning of the area, and the CDA is being proposed “to help growth pay for itself” by putting tax-assessed increment financing on top of the areas that they would rezone. That is a new approach to how a CDA has been used anywhere else in the state. The closest thing before was a mixed-use development which is just now getting put together and financed in Hanover County. It is not the same as what is being proposed in Loudoun. Mr. Foley said it was just pointed out to him that that CDA is only being considered as part of a Comprehensive Plan amendment. Mr. Davis said it was unclear in the article. He thinks they are opening up new areas to development that previous boards of supervisors had closed. Mr. Rooker said it does not seem that the Board is going to reach a consensus on this today. He asked if there is any information that any Board member needs about CDAs generally. The Board has gotten a legal memo on CDAs. At some point, the Board will need to deal with this issue. In fairness to September 1, 2004 (Regular Day Meeting) (Page 57) Albemarle Place and Hollymead Town Center and perhaps other developers who are currently making investments, if the Board is going to develop a policy that says the Board will approve CDAs under certain circumstances, it should be done so they understand what the policy is and under what circumstances they might come to this Board. Today there is no such policy, and accordingly he does not know that any other developer would understand the circumstances under which they might qualify. Mr. Dorrier said there is a law which says that CDAs are legal and can help fund infrastructure. He thinks the Board can use the maximum extent of that law. If it is good for the County and it is good for the public, and if it provides libraries and schools at a reasonable cost, then he thinks the Board would be wrong not to look at and consider it. Mr. Foley said there has been a lot of information given to the Board about CDAs. Staff had prepared this Executive Summary in a way that said there is a principle on which the Board will have to make a decision in terms of whether it is a tool for getting some additional public benefit. Staff can find more information if the Board wants to direct staff on what type of information that should be. Staff feels the Board has to decide based on what it knows now. Mr. Boyd said he does not need more information, but what he is trying to say is that he would like to work through the process of doing a CDA or not doing it, and then after the Board has some hindsight, the Board can begin to set policy. Until the Board actually works through the mechanics and finds out what is best for the County and its citizens by actually doing one of these, that is the point in time when there needs to be a policy. Mr. Foley said the one positive thing about the work session on October 6th is that staff is working with the applicant and they have talked about what information the Board needs for that meeting. Staff has to clearly show what the applicant thinks is above and beyond what would otherwise be expected for his development. The Board will have to decide whether it agrees with that or not. Before, staff has not been able to even break it apart so the Board could see what the applicant thinks is above and beyond what he would otherwise have to do. _______________ Agenda Item No. 23. Update on North Pointe Rezoning. (Note: The Executive Summary is set out below to help clarify the conversation: “The Board last held a work session for this project at its meeting on June 2. At that time, staff and the applicant had a large number of unresolved issues. The Board directed staff to work at resolving those differences before bringing this request back. Since that time, staff and the applicant have spent a considerable amount of time working together in an attempt to resolve differences on the development layout and proffers. Through that work the number of unresolved issues has been reduced. However, staff will need direction on the issues that remain unresolved. These items are: On the issue of the development layout, staff has worked with the compromise layout accepted by the Board’s committee and attempted to address the issues that remained with that layout. At this time, there are two major issues related to the design layout that staff and the applicant have been unable to resolve. Those issues are related to layout consistency with ARB recommendations and modifications to the mixed use part of the development referred to as the “library block. On the issue of the proffers, a decision on the proposed Community Development Authority (CDA) remains a critical factor. Without knowing if the CDA will be approved, the applicant has been unwilling to provide proffers that staff believes are critical to the consideration of this application. In discussing a CDA policy with the Board, staff recommended that a CDA be considered only with rezonings for projects that are developed under a master plan that is part of the Comprehensive Plan. For projects that are not developed as part of a master plan, staff recommends the rezoning or special use permit be considered without any reliance on a CDA. The plan and proffers would have no reliance on a CDA as part of the considered land use decision. In applying staff’s CDA recommendation to the North Pointe development, any proffers contingent on the CDA would need to be removed from the proffers. After the rezoning is approved, the Board would then consider what additional benefits are appropriate as part of the CDA petition. Staff received revised proffers on August 20 that reflect development with a CDA. Based on meetings with the applicant, staff had anticipated receiving proffers two weeks before this date and it was not possible to review the proffers in time for this meeting. This is also compounded by the fact that a second plan was submitted that does not have either the elementary school site or the library site. Staff understands this plan would be used if the CDA is not considered with the rezoning and a set of proffers related to this plan will still need to be submitted. Effectively, by considering two plans and two sets of proffers, with and without a CDA, staff is being asked to review two applications. This doubles the workload and assures that at least one review will be unnecessary. As such, staff hopes to delay additional review of the proffers until a decision is made on the CDA. This will allow staff to focus on a set of proffers that reflect the Board’s intentions on the CDA. Given the late date at which these proffers were received and the need for a decision on which set of proffers should be reviewed, staff does not believe it is possible to have the application ready for public hearing by October 13. At best, staff will be in a position to provide the Board a work session on October 6 on the proffers that are reviewed. At that work session, staff believes the Board could set a date for a public hearing. September 1, 2004 (Regular Day Meeting) (Page 58) Staff has reviewed the layout that includes a school site and a library. The applicant has also submitted a plan that does not include a school site or a library, but staff believes the layout issues with both plans are the same. With regard to the development layout, the Board’s committee made two recommendations that staff believes have not been adequately addressed. First, the applicant has not revised the layout to reflect the ARB’s recommendations. Second, staff has concerns regarding modifications to the library block, also known as the downtown block. As previously directed by the Board, staff has not focused on the “big box” issue, but has attempted to verify consistency with the remaining ARB recommendations. Staff’s remaining concerns with the layout have largely been satisfactorily addressed, though some minor modifications that should be easily accommodated are still needed. Staff recognizes many of the ARB recommendations can be managed at the time of site plan, but staff believes certain recommendations must be addressed with the rezoning. Staff believes the following ARB recommendations (using ARB numbering of recommendations) related to the site and grading need to be addressed with the rezoning: #10. Preserve some of the existing trees and terrain along the EC (Entrance Corridor) and revise the placement of structures accordingly to establish a more coordinated streetscape. #16. In areas where existing wooded areas are not retained adjacent to the EC, provide a continuous planting area along the EC with a minimum width of 25 feet. Provide in the planting area a mix of shade, screening and ornamental trees, and a mixed selection of shrubs with a planting height of 36”. The landscape area shall not be reduced to accommodate utilities (overhead or underground), future road widening or other site elements. #17. Delete all rows of parking adjacent to the EC right-of-way. #19. Provide more substantial landscape buffers along the perimeters of parking areas visible from the EC. #20. Provide a continuous planting bed no less than 7’ in width and free of utilities, along walls visible from the EC for Buildings #5, 10, 14, 19, 30, 31, 32, and 36 without reducing landscape area along the EC or in the parking lot travelways. #21. The stormwater management facilities shall project the appearance of landscaped water features rather than maintenance areas. Such features shall be landscaped to achieve integration with the surrounding development. With regard to the library block, staff’s main issue is whether relegated parking has been adequately achieved. Staff believes the development layout accepted by the Board’s committee was a compromise that balanced an acceptance of the applicant’s desire for “big box” development with parking in front, against the opportunity to have a Neighborhood Model friendly “downtown” mixed use area. This is the area surrounding the proposed library location and referred to as the “library block.” Staff direction to work on improving the library block came as part of DISC II’s recommendation. This area includes a mixed use of retail, office and residential uses, and is the part of the plan that best exemplifies features of the Neighborhood Model. In particular, staff believes the applicant’s layouts have not shown adequate consideration for the concept of relegated parking in this area. Staff continues to believe the compromise for the big boxes was based, at least in part, on the concept that this area could be designed to provide better consistency with the Neighborhood Model. Staff has shared with the applicant several alternative layouts that would provide for the same parking while better utilizing relegated parking. It should be noted that staff’s recommendation for denial of this rezoning has not changed and, based on what is currently being considered, is not anticipated to change. While the compromise satisfied concerns with the layout, staff noted other concerns that remain unresolved. Those include the likelihood of stale zoning for the commercial part of this development and consistency with the Comprehensive Plan, especially the Neighborhood Model. As such, staff does not anticipate changing its recommendation for this rezoning application. Finally, it should be noted that the County is now starting the Northern Area Master Plan process, which includes this property. Given staff’s recommendation on a CDA policy, the applicant may wish to consider withdrawing the current application and participating in the Northern Area Master Plan process. Using the staff’s recommended CDA policy, it would then be possible to incorporate the CDA into the planned rezoning once the Northern Area Master Plan is completed. Also, for both staff and the developer, relying on a master plan would resolve many of the concerns that have made this a difficult process. Staff’s recommendations are: 1. Staff requests that the Board concur with staff’s recommendation that the plan and proffers remove any reliance on a CDA. The Board could then consider a future CDA separately from the land use decision. 2. Staff requests that the Board delay setting a public hearing for this application and schedule an October work session to review the proffers. A public hearing date could be set at that work session. 3. Staff requests that the Board concur with staff’s recommendation that the applicant modify the library block to address the issue of relegated parking to staff’s satisfaction. 4. Staff requests that the Board concur with staff’s recommendation that the applicant modify the development layout to address the ARB recommendations, excluding the recommendation on limiting the size of the “big box.” Mr. Mark Graham, Director of Community Development, said staff will have two sets of plans and two sets of proffers for the Board at a work session on October 6. The one issue regarding the layout of September 1, 2004 (Regular Day Meeting) (Page 59) the development applies to both of scenarios. The first issue has to do with the library block. He pointed to the area of the library block shown on a large map posted on the wall. One of the nice things about this plan earlier in the year was this area the County was getting as a kind of compromise for the big box development happening in other parts of the property. Staff has been working with the applicant hoping to get a library block that is a destination that embraces elements of the Neighborhood Model. Mr. Graham then showed a drawing by staff and said the difference between the two is the issue of relegated parking. This would allow the buildings to be “shoved up onto the street front” in order to create a “downtown” feeling. Mr. Rooker asked if both plans show the same number of parking spaces. Mr. Graham said “yes.” The other issue has to do with a parking lot. Staff thinks a retaining wall will be needed and that means the storefronts will be separated from the street. The staff’s drawing captures more of what it wants to do with that area. Mr. Graham said staff thought the plan should go to the ARB for its recommendation so that was done in April. When this was discussed previously, staff had a clear understanding that the big box recommendation should not be used. Staff has not pursued that and has tried to integrate the other ARB recommendations into the layout. Staff thinks there are a number of items that will be lost if not obtained during the rezoning process; things the ARB cannot require. Some would also be difficult for the ARB to do anything with if they were part of a proffered layout. Mr. Graham said in June there was a long list of issues. Staff believes that most of those issues have been resolved. Whatever guidance the Board can give staff today on the remaining items would help it greatly. Mr. Rooker asked about the ARB’s No. 21 which states: “Stormwater management facility shall project the appearance of landscape water features rather than maintenance areas. This feature shall be landscaped to achieve integration of the surrounding development.” He asked if the applicant did not agree to that. Mr. Graham said the applicant has not committed to anything in that regard. The response from the applicant has been that these are all issues that should be addressed at time of site plan approval rather than during a rezoning. Mr. Wyant asked that Mr. Graham point out on the map where the water features would be located. Mr. Graham said from the Entrance Corridor (EC) it would be very visible. Mr. Wyant asked if Mr. Graham has looked at elevations on this plan. Mr. Graham said one would be looking down at it from the road. Until it is known how the parking lot grading and everything else works, one would not know how much will be seen. Mr. Wyant said he thinks the critical part will be the buildings along the front. Driving at 55 miles per hour on Route 29 the library section will not be seen, so screening along Route 29 will be essential. Mr. Graham said that is the reason for the ARB’s recommendation. Mr. Rooker asked if No. 20 which states: “Provide a continuous planting bed no less than seven feet in width and free of utilities along walls visible from the EC for Buildings #5, 10, 14, 19, 30, 31, 32, and 36 without reducing landscape area along the EC or in the parking lot travelways” refers to the buildings right along Route 29. Mr. Graham said it would apply to the buildings with walls right along the entrance corridor. Ms. Thomas asked if staff wanted Board comments about the library block scheme. Mr. Graham said staff would like Board guidance about that matter. Mr. Dorrier asked if the main difference has to do with relegated parking. Mr. Graham said that is correct; there are some other differences but that is the primary difference. Ms. Thomas asked that Mr. Graham describe the uses of the buildings in more detail. Mr. Graham said there are buildings on both sides which are shown for retail on the first floor. The hill drops from top to bottom so there are mixed levels. You would enter the building on the second floor from the east side and on the first floor from the west side. That allows the uses in the building to be split. Ms. Thomas asked that Mr. Graham point out the library site. Mr. Graham said the library site has been shifted and the park space has been put on the front. That is why staff thinks it is getting close to a design which creates that sense of place. There is the essence of the old downtown square with the library and the main public building, with the retail surrounding it. Ms. Thomas said people used to think that parking lots were a fairly benign thing to walk across, but increasingly there are accidents in parking lots. With an aging population, it is nice to be able to walk without going through the parking lot to get to other facilities. She likes staff’s recommendation to have it more welcoming to the walker. Mr. Boyd said the change seems to be in the building behind the library on the other side of the park. Mr. Rooker asked the use of that building. Mr. Graham said it will be retail. Mr. Rooker asked if it is a one-story building. Mr. Graham said it is to be two-stories. Ms. Elaine Echols, Planner, said the new Senior Planner, Sean Dougherty, helped with the staff’s plan. There is a driveway going into that building. What he had in mind was the possibility of the parking being depressed somewhat in that area, if not moved to a different site. His concept was to allow parking September 1, 2004 (Regular Day Meeting) (Page 60) at that location if necessary, but have the stores front on the street with pedestrian access. If the stores were to front the street in “A” (the street that fronts the library), you cannot see those store fronts. Staff tried to modify that design to make it a more functional area as well as a more pedestrian-friendly area. Mr. Dorrier said if there were no further questions for staff at time, he would ask Mr. Rotgin to talk about the library. Mr. Rotgin said he would like to talk first about the Community Development Authority (CDA). He listened to what everybody said under Agenda Item No. 22. He came away with the idea that in order to use a CDA for a funding mechanism for a private development, the County should get some benefit from that CDA in terms of infrastructure whether it is onsite or offsite. That will be his challenge between now and October 6th. They talked to staff about this last Monday and staff has an alternate plan and a statement of what the alternate proffers should be. They hope to have a list showing benefits pro and con for the October 6th meeting. Mr. Rotgin said Mr. Graham said there were only two issues concerning the design. He said there were 45 issues on Ms. Echols’ list when they began this process last May and there are only two issues on that list now. He said this is actually a better plan. Referring to the library, he said Ron Keeney has talked with the applicant for several weeks about the library area. In that area there are residences on the top floor, offices in between, and retail on the lower level. They know that in order for the retailers to be successful, they must have proximate parking. That is the thing he wants to preserve, but there are some topographical issues. They are dealing with five-foot contours at this time. That needs to be reduced to two feet or less. Mr. Rotgin said they have created something in this area which is different from the rest of North Pointe and other commercial communities. North Pointe is located in the country eight miles from downtown Charlottesville. They are trying to provide a downtown area in this development. They do not have the density to accomplish what everybody wants. These are to be three and four-story buildings. That is a tough economic challenge to make work in this market. If the University’s North Fork Research Park is successful and there are a lot of employees there, plus more people in the area in general, there might be enough people to make North Pointe successful. Mr. Rooker asked which of the buildings will be three stories tall. Mr. Rotgin indicated on a drawing the buildings which will be two-story, three-story or possibly four-story. He indicated an area where there is a two-story change in grade. He also indicated how people would access the buildings from one side on ground level and on the other side on the second level. He said a recommendation for a street grid came from the ad-hoc committee. The street grid enables them to make that change in grade without having to do as much grading as was initially anticipated. Mr. Rotgin said he would like to say a couple of words about the ARB. He thinks the Board asked the ARB last Spring to give its opinion of the layout embraced by the ad-hoc committee. He said Mr. Davis has brought up a statement he (Mr. Rotgin) made last Spring and he thinks there is an incorrect perception that he refused to do what the ARB asked for. He did say last Spring that they are aware of the requirement for ARB approval, and he is confident they will be able to satisfy their suggestions. While they recognize that ARB approval is part of the site plan approval process, they will not be applying for site plan approval until all site plan and engineering details are completed. That includes the more defined topography as well as applications to the Corps of Engineers and the Department of Environmental Quality for permits. They must have agreements in place with their major users, and those users have to have their own architects and landscape planners ready to work with the ARB. It is not practical, not fair, and there is no precedent to impose significant ARB conditions on North Pointe at this stage of the process. He said Ron Keeney has some more detailed points he can discuss about that. He understood what Mr. Rooker said about being able to make the pond look like an amenity. Mr. Rotgin said North Pointe is a work in progress. They have a long way to go. They appreciate staff’s cooperation. The issues have been “whittled” down to two, and he thinks they can be resolved although the library may be a challenge. He said the new County designer gave Mr. Keeney some suggestions on moving the library and enlarging the park, but they have to find a way to get proximate parking. He offered to answer questions. Mr. Rooker said he understands the general concern about ARB requirements being imposed at this point. He asked which things are problems for the applicant. Mr. Rotgin said driving past North Pointe one would not realize that lumber has been removed from the site. They left trees along the frontage of that property because they thought that was the responsible thing to do. Even though they did that good deed, it does not go unpunished. Mr. Rooker said that is the first point. What about the second one calling for a continuous planting area along the EC with a minimum width of 25 feet. Mr. Rotgin said they left a minimum of ten feet everywhere along the boundary with Route 29 where they show landscaping. Looking at the white area (in here), there will be a significant area between where the edge of pavement will be after the improvements are made in the Highway Department’s right-of-way; sometimes there is 50+ feet in addition to the places where they have 25 feet. In the past, they negotiated agreements with the Highway Department in order to landscape within Highway Department right-of-way. They will work with the Highway Department, and to the extent they will let them plant in the right-of-way; they will make that an attractive landscape area. September 1, 2004 (Regular Day Meeting) (Page 61) Mr. Rooker said that means they will expand that area up to 50 feet. Mr. Rotgin said they will expand it up to whatever area the Highway Department will allow them to expand it. Mr. Rooker asked if that is a minimum of 10 feet based on what is on the North Pointe property. Mr. Ron Keeney said they have established a minimum of ten feet on their property; that has to do with the hedgerow and other things along the edge of the parking. A significant additional space will be available for major landscape, some of which they left and some they will enhance to improve the visual buffer regardless of where the property line actually lies. Mr. Rooker asked if they are willing to say that will be a minimum of ten feet up to 50 feet if the right-of-way is available from VDOT for planting. Mr. Keeney said the property zigzags so in order to have a uniform line they must deal with the zigzag. If they are able to average the buffer, they will end up with a significant buffer. They are guaranteeing 10 feet, but they believe it will average 20 to 25 feet. Mr. Rotgin said they will do that. Mr. Rooker said the next issue is to delete all rows of parking adjacent to the Entrance Corridor right-of-way. Mr. Rotgin said that is a challenge. They moved buildings up toward Route 29, but they have to get circulation around the buildings for tractor trailer access. Here, they have a double-loaded parking bay which is the most efficient parking available. They understand the ARB wanted to take out one row of parking which leaves them with a travelway and one row of parking. That is not very efficient. Somewhere they have to go back and pave area that is not paved now. He asked Mr. Keeney if they can get an agreement from the Highway Department to landscape that area (that area is 40 or 50 feet), does not that issue go away? Mr. Keeney said that is up to the ARB. They are asking them to arbitrarily remove that line of parking. If there is another row of parking immediately behind it, what is the point of removing one if you will just see the next one? Mr. Wyant said there will be total screening along there. Mr. Keeney said there will be the band of screening they have been talking about. The issue is about that one row of parking. The ARB apparently does not want parking at the end of the curb that faces Route 29. The ARB is willing to have a travel lane but they do not want parking. Mr. Bowerman asked if the parking will be seen. Mr. Keeney said they do not believe it will be seen because there will be a planted hedgerow immediately at the curb that comes up to the three-foot line, and then there will be substantially bigger landscaping as one moves toward Route 29. Mr. Rooker asked Mr. Cilimberg if how the parking is ultimately configured adjacent to the Entrance Corridor is an issue the ARB has the power to deal with at the time of site plan approval. Mr. Cilimberg said it has been staff’s experience that if it is not set out in the zoning decision, then it is not that definite at the ARB level. Because it was not clarified and set out in the decision on the Hollymead Towne Center, it took twice as long to finalize that site plan through the ARB. You spend the time now, or spend it later. He said it is good to know what the applicant feels might address the ARB’s issues. He has no idea if what the applicant has said today will work in terms of the ARB’s review of the project. Relying on right-of-way as an area of landscaping is relying on something that can be taken away by VDOT. He is not sure the ARB has ever relied on the VDOT right-of-way as a way to guarantee landscaping is maintained. Comments should be requested on those concepts. Mr. Rotgin said that right-of-way for the Blue Ridge Shopping Center was not part of the ARB’s consideration because they agreed to include it. Mr. Don Wagner said they got a planting agreement with VDOT to be able to plant into the right-of-way in that case. The parking lot along Route 250 is three or four feet below Route 250. The land is lower and they planted in that area, so you might be able to only see the top of a vehicle in the parking lot. Mr. Wyant asked if there was an agreement that should it ever have to be removed, that they would have to do some other planting. Mr. Wagner said there was no such agreement. Mr. Rotgin said they think they can shield that parking. They think the ARB will understand that. He said Mr. Graham said on Monday, and he was right, that the Hollymead Towne Center site plan was “a train wreck.” He does not know what happened, but it got accomplished through the process. The next issue was to provide more substantial landscape buffers along the perimeters of the parking areas. He is not quite sure what the ARB is talking about. He said that in the parking areas there are some extra wide planting strips. Those are low-impact development features. What they are trying to do is introduce considerably more green area into the parking areas where water will actually drain through and be filtered before it gets into the storm sewer system before it goes into the pond. This is not something they have done before; this is new. Mr. Rotgin asked Mr. Keeney what would happen if they made this parking like the County has on its property where there are blocks with grass growing through it. He said that is a possibility. Mr. Rotgin said the final issue (which is the more important of the issues) is that they do not know how to define what each building face will look like. They have told potential users of those sites that they will have to break up the ends so they do not look like one monolith wall. He does not know how that will be accomplished. Mr. Rooker said that is fine if it is something the ARB has the power to require based upon the plans submitted at that time. The ARB has raised issues they think are important. If the Board does not deal with them now, there is concern that the ARB may not be able to deal with them later. He said Mr. September 1, 2004 (Regular Day Meeting) (Page 62) Rotgin has said there may be other ways to deal with the visibility issue at that time. That is fine if the Board can be assured that someone will have the power to deal with the issue at that time. Mr. Rotgin asked if it was dealt with for Hollymead. Ms. Elaine Echols said that is one of the problems that existed. Some things were not worked out at the rezoning and the “train wreck” occurred because the commitments were not there to do the things the ARB wanted to see done. She feels certain the 22 points in the ARB letter are their attempt to try and avoid “duking” it out at the site plan stage. That is part of the reason they asked for the changes to either be made now or the commitments be made now. Mr. Boyd said the problem is the practicality of dealing with the points now as opposed to when they have their architects ready to deal with the issues. Ms. Echols said staff had hoped the applicant would address those issues in a certain way, not necessarily in the detail that would be on a site plan. Staff would like to know at the rezoning stage that there will be 25 feet to work in, or that they will get the things requested. When the plan was taken to the ARB, it was their recommendation that the zoning be conditioned on these things. Staff explained to them that a zoning cannot be conditioned, and they asked what kind of commitments they could get that these things would be addressed in the way they have asked them to be addressed. Staff said the only way they know that commitments could be made would be through the proffers. Mr. Rotgin said they have provided those 22 items to the users of two of the sites, so they know what is expected. They are in the process of asking them to send back their elevations for their best architectural design anywhere in the country. Mr. Rooker asked again about Item 20 for continuous planting. Mr. Rotgin said that issue is probably the most onerous. It requires them to come to the end of that building and put in a seven-foot landscape strip. They do not have the room to do that. That is why he has said there may be other ways to do that. They have room for a one or two-foot that would allow plants to grow and be espaliered against the walls. The architect may come in and work with the ARB and decide he wants to do offsets in that big wall, or put in false windows so it looks like a storefront. It is difficult to make a commitment at this time, but they do acknowledge that the ARB is a requirement which must be met for site plan approval. Mr. Rooker said he is concerned that the ARB has the authority at that time to require that kind of planting strip. Mr. Rotgin asked if the ARB has the legal authority to do anything it is doing. Mr. Rooker said they do. Mr. Rotgin said it has tremendous moral persuasion authority. Mr. Rooker asked if Mr. Rotgin will commit to either that or comparable planning for aesthetic features. Can they come up with something? Mr. Rotgin said he thinks they can. Ms. Thomas said the value to the thing being called the “continuous planting bed” is that one of the strengths of ARB review along Route 29 from the viewpoint of the person driving along is the amount of continuity. At many banking facilities and car dealers much closer to town there are shrubs of a similar height. That gives one the feeling of an entrance corridor. She finds things such as a continuous planting bed to be an important aspect of what the ARB is charged to do. Mr. Rotgin said he agrees with that, but they are talking about “right here” and not up on the road. Continuous planting along the road is correct. Nobody can see what is here. That building is way below grade. Mr. Rooker said architectural features on the building may turn out to be more important. Mr. Wyant said you will not be able to see anything down low because there are the other plants which screen it. It is a nice thought, but you will not see that. Mr. Tucker asked if the HVAC will be on top of the building. Mr. Rotgin said it will probably be on top and have screens around it. Mr. Dorrier thanked Mr. Rotgin for being present. Note (: At 4:45 p.m. the Board recessed, and reconvened again at 4:55 p.m.) _______________ Agenda Item No. 13. Architectural Review Board (ARB) Sign Guidelines, Work Session (deferred from the morning session). Ms. Margaret Maliszewski, Planner, summarized the Executive Summary. She said these revisions to the ARB Sign Guidelines significantly expand those in the current overall ARB sign guidelines. She said the expansion includes additional explanatory information and clarifications regarding guidelines and policies the ARB has applied consistently over the past several years. For example, they indicate that signs with no lighting or with indirect illumination are more appropriate for the Entrance Corridors. The revision to the guidelines gives expanded information to explain the reasoning and policy in greater detail. September 1, 2004 (Regular Day Meeting) (Page 63) Ms. Maliszewski said the ARB reviewed wall signs for appropriate placement on buildings using the broad guidelines regarding compatibility, traditional architecture, scale, etc. This revision supplies specific written information regarding appropriate placement of signs as well as extensive illustrations to clarify their policies and the intent of those guidelines. To make all of the guidelines consistent, the proper guidelines would also require modification to the ARB’s guidelines for signs on fuel pump canopies. That change has been outlined in Attachment B. It deletes the guidelines that say signs on fuel pump canopies shall not be illuminated. Mr. Rooker said that on page 5 of the proposed guidelines there is mention of “harmonious colors.” He asked if it would be possible to create a list of the colors which the ARB feels are harmonious colors. Ms. Maliszewski said that is possible, but there are a couple of issues involved. She said these are guidelines and not an ordinance. She does not think it is possible to create a completely comprehensive list. They could create a list of some examples. Mr. Rooker said on page 8 it also mentions a “proportioning system.” He asked if some numerical proportionate guidelines could be attached to the guidelines. He thinks the more specific the guidelines are, the better so people will know what they are likely to get approved. Ms. Maliszewski said there was a sentence on page 8 at one time, but it was taken out. It could be put back in. Mr. Boyd said when putting in specifics he thinks it would be important to note that they are not all conclusive. He does agree that it is a good idea. Ms. Thomas said these are in addition to what is set out in the Sign Ordinance. She is impressed with these guidelines and thinks they will be very useful. Mr. Dorrier said if there was nothing further from Ms. Maliszewski at this time, the Board needs to discuss the guidelines and give recommendations. Mr. Boyd asked if these guidelines are subject to a public hearing. Mr. Davis said the ordinance provides that guidelines are promulgated by the ARB and ratified by the Board. There is no other process required beyond that. For a final document to be adopted, if the Board makes changes in the draft, that would need to go back to the ARB for their acceptance and then come back to the Board for ratification. Mr. Boyd said he is surprised that someone from HighTech Signs is not here today. He asked how they feel about these guidelines. Ms. Maliszewski said they were at the ARB’s meeting last June and made some verbal comments. There is a letter from HighTech attached to the executive summary the Board received. Mr. Tucker said someone called earlier in the week about this work session. He thinks they were considering whether they might have some legal response to these guidelines. But, nothing has been heard from them since that time. Mr. Bowerman asked what Mr. Tucker meant by “legal response.” Mr. Tucker said it is their reaction to the proposal. Mr. Boyd said all of the Board members got an e-mail from them. Mr. Davis said he can provide the Board with some information. If the reference is to the Center for Public Expression, he has spoken with Mr. Josh Wheeler and they are not adversary in this process. They have indicated that over the next month or so they will try to provide some comment on this, but it would be more in the policy guidance than legally challenging. Their policy is to have less government regulation, so they may have some suggestions that the County should regulate less in this area. He did not anticipate having any legal opposition to promulgating or ratifying these guidelines. Mr. Boyd asked if their objection is to these guidelines, or to the Sign Ordinance. Mr. Davis said as far as he knows, they do not have any objections. Ms. Thomas said she ran across some information put out by the American Planning Association that was fairly amusing. It shows diagrams of the fronts of buildings and preferred signs, and things to avoid. It is almost identical to what is shown in these guidelines, and the only thing that is amusing is that it is dated 1989. Although the County might think it is “cutting edge” sometimes, according to the people who put out the literature, the County is just putting together the kind of visual guidelines that have been in effect for a long time in other places. Mr. Davis said in the past the objection to these guidelines by people in the community was the unlimited discretion of the ARB. Legally, staff does not believe that is true. These revised guidelines go a long way to give people a reasonable expectation as to what can be submitted and approved by the ARB, and the guidelines and limits the ARB uses to consider these types of approvals. He thinks this is a superior step forward to address those issues. He encourages the Board to move ahead and not wait longer than the normal public process takes. Mr. Boyd asked if this just creates a book which is available to the public. Ms. Maliszewski said it will be available online as well. Mr. Wyant said this is a big improvement over the current guidelines. September 1, 2004 (Regular Day Meeting) (Page 64) Mr. Rooker said in the wall sign section, on page 22, fourth paragraph, it says “The sign shall not overcrowd the architectural element, the wall, or the sign area.” He asked if there could be some outer limit proportions to serve as guidelines. Ms. Maliszewski said a lot of those types of signs are proposed in a “sign ban area.” She said in reference to the illustrations the letters might be 18 inches high, and usually it is recommended that there be three to four inches of blank area above and below the lettering. She asked if describing something like that would meet Mr. Rooker’s concern. Mr. Rooker said that would be fine. Mr. Boyd said he likes Mr. Rooker’s suggestions. Does that mean these guidelines have to go back to the ARB? Mr. Davis said the Board could make these changes, hold a public hearing, and then send them back to the ARB and bring them back to the Board for adoption. In the alternative, the Board could make the suggested changes assuming these would be the only changes made so they could be adopted on the public hearing day. Mr. Tucker said this would keep the guidelines from going back to the ARB more than once. Mr. Rooker said he thinks the latter process is the better process. Ms. Thomas said neon signs have been prohibited to be inside looking out through the window. She thinks that is in the regular Sign Ordinance and she found that to be a really dated provision that is widely disregarded and also seems unnecessary. Ms. Maliszewski said neon is addressed in these guidelines. It used to say “exposed” neon. Ms. Thomas said it does refer to “exposed” neon. Ms. Maliszewski said neon is often used in the interior of channel letters and that is okay, but neon that just forms the sign itself is prohibited in the ARB guidelines. Mr. Davis said it is not prohibited in non-ARB locations. There can be exposed neon, and it is sometimes seen inside doors. But, in the entrance corridors, exposed neon is frowned upon. Mr. Wyant said these guidelines pertain to the entrance corridors where the ARB has jurisdiction. Mr. Davis asked when the ARB can look at these recommended changes. Ms. Maliszewski said they meet next Tuesday. Mr. Davis said if the ARB could promulgate the supplements to these guidelines, the Board could ratify them at its public hearing. Motion was offered at this time by Mr. Rooker that the Board hold a public hearing on these seconded guidelines on October 13, 2004. The motion was by Mr. Wyant. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Dorrier, Mr. Rooker, Ms. Thomas, Mr. Wyant, Mr. Bowerman and Mr. Boyd. NAYS: None. _______________ Agenda Item No. 24. From the Board: Matters Not Listed on the Agenda. Ms. Thomas said since Albemarle County has an Olympic silver medal winner, she had hoped the Board could take notice of that fact, and at least send a letter of congratulations. This is for Kimberly motion Severson and her horse Winsome Andante “Dan”. She then offered to adopt a resolution of seconded congratulations. The motion was by Mr. Rooker. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Dorrier, Mr. Rooker, Ms. Thomas, Mr. Wyant, Mr. Bowerman and Mr. Boyd. NAYS: None. __________ Mr. Boyd said he understands the meeting with the School Board will be held on October 14. He will not be able to attend that meeting. __________ Mr. Boyd said the County is getting ready to draft a Master Plan for the Route 29 North area. He has been watching the Pantops area “explode” with growth and there is no master plan for that area. In seeing the number of proposals coming before the Board for housing on Pantops, he wonders if the Board should reconsider the next direction for a master plan. Mr. Cilimberg said there is an RFP out for a consultant to do the northern development area; it has received a response. That plan is being aligned with the 29 Corridor transportation studies, the third phase of 29H250 Study. The Planning Commission has initiated a resolution of intent to do a framework level plan of Pantops and staff has begun work on that. There will be a public meeting next month to make people of aware of what is being done. They are trying to handle that at staff level, with the study focusing on transportation/land use relationships. Staff is trying to fit this into its work schedule. Mr. Boyd said he has received a lot of comments about Pantops. September 1, 2004 (Regular Day Meeting) (Page 65) Mr. Cilimberg said that after several years of just sitting in VDOT’s Office the suggestion for a Route 250 Eastern Corridor study has just come back to the County. They will try to wrap that into this whole discussion because that study is dated now in terms of data. _______________ Agenda Item No. 25. Adjourn to September 8, 2004, at 4:00 p.m. At 5:20 p.m., with no further business to come before the Board, motion was offered by Mr. seconded Wyant, by Mr. Rooker to adjourn this meeting until September 8, 2004, at 4:00 p.m. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Dorrier, Mr. Rooker, Ms. Thomas, Mr. Wyant, Mr. Bowerman and Mr. Boyd. NAYS: None. ________________________________________ Chairman Approved by the Board of County Supervisors Date: 09/07/2005 Initials: DBM