3/16/10 Town Council Agenda

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AGENDAASHLAND TOWN COUNCIL

March 16, 2010 7:00 p.m.

OPENING

Invocation The Reverend Bob Blinn, Duncan Memorial Methodist ChurchPledge of AllegianceAdoption of AgendaAnnouncement of Council Business

PRESENTATIONS

1. Ashland Main Street - 2020 Plan*

2. Proclamation: Emergency Preparedness Program*3. Town Council Certificate of Appreciation*4. Academic Achievement Recognition*

CITIZEN INPUT

PUBLIC HEARINGS

1. Capital Improvements Program FY 2010-2011 through 2014-2015: Reviewrecommendations for amendments or revisions to The Capital Improvements Program (CIP).The CIP is a program that spans five (5) budget years. Non-recurring projects that are capitalintensive are included in the CIP. The identified projects and assigned priorities are reviewedannually by the Planning Commission and the Town Council.* (Mr. Farrar)

2. Ord. PL2010-1 is an ordinance to amend The Code of the Town of Ashland, Chapter 16,Streets and Sidewalks, Art. I, In General, Sec. 16-10, Connections over shoulders of roadsand streets for intersecting private property, Chapter 17, Subdivision of Land, Art. III,Standards of Design, Div. I, Generally, Sec. 17-26, Required Improvements, Chapter 21Zoning, Art. XVII, Site Plan Requirements, Sec. 21-186, Improvements and standards, andSec. 21-187, Procedures for processing the site plan. The ordinance would also add a newsection, Chapter 17, Subdivision of Land, Art. II, General Procedures, Plats, and Platting,Div. I, Generally, Sec. 17-14.1 Approval of Homeowners AssociationDocuments. (Ms. Amos)..Page 1

ACTION AGENDA

1. Resolution to accept right-of-way: Washington Highway Clayton ..Page 9Homes (Ms. Amos)

2. Cottage Greene Subdivision: Preliminary plat(Ms. Amos)..Page 123. Invoices...Page 224. Minutes* Work Session February 23, 2010; January 5, 2010 regular meeting


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DISCUSSION

Erosion and Sediment Control Ordinance Revision (Mr. Davis).Page 23

NEW BUSINESS

Mayors ReportCouncil Members ReportsCommittee ReportsAppointments

EDA (2)

MANAGEMENT REPORTS

Town Manager..Page 24Police DepartmentPage25Public Works ..Page 37Planning and Community Development..Page 42Treasurer..Page 45

FOR YOUR INFORMATION

ADJOURNMENT

*No attached materialSCHEDULE OF MEETINGS

All meetings are at Town Hall unless otherwise indicated

March 2010

Town Council March 2 7:00 pm

Town Council work session* March 9 6:00 pm

Planning Commission March 10 7:00 pm


Town Council March 16 7:00 pm


Ashland Main Street Assoc. March 24 5:30 pmEDA March 25 6:30 pm

April 2010

Town Council April 6, 7:00 pmPlanning Commission April 14, 7:00 pm

Town Council April 20, 7:00 pm

Ashland Main Street Assoc.

EDA April 22, 6:30 pm

*Work sessions on March 9 and March 16 for discussion of department budgets*Work session on March 22 is for discussion of East Ashland development


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www.town.ashland.va.us

STAFF REPORT

To: Town Council, Town of Ashland, Virginia

From: Nora Amos, Director of Planning & Community Development

Date: March 16, 2010

Case No.: Ord. PL2010-01

RE: Ordinance Amendments

REQUEST:

The Public Works department has requested several minor ordinance amendments in orderto: (1) require the establishment of homeowners associations to ensure the long-termmaintenance of stormwater management facilities, (2) clarify between VDOT, HanoverCounty, and Town of Ashland standards where the ordinance is currently vague, (3) requirebonds and letters of credit be issued from local banks, (4) clarify existing conflicting languageregarding curb, gutter, and sidewalk requirements, (5) several minor corrections to reflectcurrent practices and policies.

RECOMMENDATION:At its February 17, 2010, meeting the Planning Commission approved the following:

The Planning Commission recommends that the Town Council adopt Ordinance PL2010-01,as presented, with the following modifications:1. Consistently capitalize job titles referenced in the ordinances.2. Clarify in 21-186(b) that the twenty-two foot access road width is for two-way traffic

only.3. Delete references to fees, and replace with a reference to the Council-adopted fee

policy. (This is no longer applicable, as an earlier ordinance, Ord. PL2007-19 has notyet been codified. The attached, revised ordinance now includes that ordinancelanguage.)

Staff concurs with the Planning Commissions recommendation.

SUGGESTED MOTION:Approve-I move for approval of Ordinance 2010-01 as amended by the PlanningCommission.Deny-I move to deny Ordinance 2010-01.

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Town CouncilTown of Ashland, Virginia Page 2 of 8

March 16, 2010 Ordinance Amendments

SUMMARY:

Long-term maintenance of stormwater management facilities within subdivisions. Currently,a maintenance agreement is executed between the Town and subdividers, however, once asubdivision is sold to individual lot owners, the Town may experience difficulty enforcing theagreement if a Homeowners Association (HOA) is not created, or ceases to be active. If the

Town were to need to enforce the agreement without an active HOA, the Town would needto assess all individual lot owners for any expenses incurred.

This portion of the proposed ordinance adds a new section to the subdivision ordinance, Sec.17-14.1, which states that prior to executing documents to create an HOA, the Town Attorneymust review such, and that the documents shall provide for the creation and continuation ofan HOA, as well as the ongoing maintenance of all common facilities, to include open spacesand stormwater facilities. The ordinance further would state that the Town would have theright to maintain any facilities and assess the homeowners should the HOA fail to ensuremaintenance of the facilities.

Clarification between VDOT, Town of Ashland, and Hanover County Construction Standards.

The Subdivision and Zoning Ordinances currently contain outdated references forconstruction standards, for instance referring to the Town standards for utilities, for whichHanover County is now responsible. Also, the ordinance does not clearly state whichstandard takes precedence over the other when there are conflicting requirements.

This portion of the proposed ordinance rewrites the introduction to Sec. 17-26 and 21-186 tostate that VDOT standards are to be followed, unless the Town has a conflicting standard,whereby the Town standard would be followed. The reference to utility standards would alsobe corrected to refer to Hanover County.

Requiring bonds be issued from a local bank. Staff suggests revisions to the surety processthat ensures the completion of certain construction work. Specifically, staff would prefer that,

in the event that funds would need to be withdrawn to complete work that a developer fails tocomplete, that these funds would be from a local bank.

This portion of the proposed ordinance rewrites Sec. 16-10 (a), Sec. 17-26 (a), (b), Sec. 21-187 (j) and (n).

Clarification of curb, gutter, and sidewalk requirements. Several ordinance amendments thatwere made between five and ten years ago have provided conflicting direction as to whetherTown Council or staff can grant exceptions to curb, gutter, and sidewalks when inconjunction with a site plan.

This portion of the proposed ordinance rewrites Sec. 21-186 (f), (g), and deletes (h). As

under the previous ordinance, sidewalks and curb and gutter are required along all publicroads unless waived by Council, and the Town Engineer may waive curb and gutter when onprivate property.

Other minor ordinance changes. Other minor changes are included in the proposedordinance to reflect current practices and policies, as follows:

Correct the amount of a right-of-way permit in Sec. 16-10 from $15.00 to $40.00. Correct the number of construction plans required for subdivisions from three to eight.

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Corrects 21-186 (e) to refer to drainage easements, rather than utility easements, andprovides that authority to Public Works rather than the Zoning Administrator.

RECOMMENDATION:At its February 17, 2010, meeting the Planning Commission approved the following:

The Planning Commission recommends that the Town Council adopt Ordinance PL2010-01,as presented, with the following modifications:

1. Consistently capitalize job titles referenced in the ordinances.2. Clarify in 21-186(b) that the twenty-two foot access road width is for two-way traffic

only.3. Delete references to fees, and replace with a reference to the Council-adopted fee

policy. (This is no longer applicable, as an earlier ordinance, Ord. PL2007-19 has notyet been codified. The attached, revised ordinance now includes that ordinancelanguage.)

Staff concurs with the Planning Commissions recommendation.

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Ordinance PL2010-01

AN ORDINANCE to amend The Code of the Town of Ashland, Chapter 16, Streets and Sidewalks,Art. I, In General, Sec. 16-10, Connections over shoulders of roads and streets for intersectingprivate property, Chapter 17, Subdivision of Land, Art. III, Standards of Design, Div. I, Generally,Sec. 17-26, Required Improvements, Chapter 21 Zoning, Art. XVII, Site Plan Requirements, Sec.

21-186, Improvements and standards, and Sec. 21-187, Procedures for processing the site plan,and to add a new section, Chapter 17, Subdivision of Land, Art. II, General Procedures, Plats, andPlatting, Div. I, Generally, Sec. 17-14.1 Approval of Homeowners Association Documents.

The purpose of this ordinance is to: (1) clarify when Town development standards take precedenceover VDOT and/or Hanover County standards when there are conflicting requirements, (2) require thatinstitutions providing letters of credit and bonds to the Town provide a local physical location forretrieval of funds, (3) clarification of curb, gutter, and sidewalk requirement language, and exceptionprocedures thereto, as conflicting language is included in the existing ordinance, and (4) set forth aprocedure to require a Homeowners Association (HOA) for new subdivisions, and provide minimumstandards for the associated HOA documents and bylaws.

WHEREAS, the Town Council has held a public hearing on the _____th day of _____ 2010,advertised as required by Virginia Code Section 15.2 2204.

NOW THEREFORE BE IT ORDAINED by the Council of the Town of Ashland, Virginia that Section16-10 In General shall be amended to read, as follows:

Sec. 16-10. Connections over shoulders of roads and streets for intersecting private property.

(a) The town manager Town Manager shall permit, at places where commercialestablishment entrances are desired to intersect roads or streets, or at places where private roads ordriveways leading to or from private homes intersect roads or streets, suitable connections from suchpoints of intersection over and across the shoulders and unimproved parts of such roads or streets tothe paved or otherwise improved parts thereof, so as to provide for the users of such entrances safeand convenient means of ingress and egress with motor vehicles to and from the paved or otherwiseimproved parts of such roads or streets; provided, however, that any person desiring such an entrance

shall first be required to obtain a right-of-way permit therefore from the town manager Town Managerat a cost in accordance with the fee schedule established by the Town Council and shall provide asurety or bond in the amount set by the town manager in the form of a certified check, cash escrow,letter of credit or bond in an amount equal to the total cost of the improvements as approved by theTown. Letters of Credit or bonds may be issued by out-of-area agents or banks, but must at all timesmaintain a physical draw address at a bank that is located in the Town of Ashland, Hanover County,City of Richmond, or Henrico County, Virginia. The applicant shall provide the entrance at his expenseand construct or have constructed the same, including such safety structures as are required by thetown, pursuant to Virginia Department of Transportation standards.

(b) All entrances whether or not constructed under this section shall be maintained by theowner of the premises at all times in a manner satisfactory to the town manager Town Manager.

(c) Any person violating the provisions of this section shall be guilty of a class 4misdemeanor. A property owner shall have fifteen (15) days after notification of violation of this section

to comply with provisions hereof. Each day during which the violation continues following that periodshall constitute a separate and distinct offense and be punishable as such. Such person shall be civillyliable to the town for actual damage sustained by the town by reason of his wrongful act.

BE IT FURTHER ORDAINED by the Council of the Town of Ashland, Virginia that a new Section 17-14.1 Approval of Homeowners Association Documents shall be created to read, as follows:

Sec. 17-14.1. Approval of Homeowners Association Documents.

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Prior to executing and/or recording any and all covenants and/or documents creating a property orhomeowners association, all such documents shall be submitted to the town attorney for review andapproval prior to any approvals for development within the project. The documents shall, at aminimum, provide for the creation and continuation of a property owners' association; provide for theongoing maintenance of individual sites, common areas, open spaces, stormwater managementfacilities, landscaping and buffering and private streets; and provide for minimum development and

operational standards for each site. The covenants and/or documents shall give the Town the right tomaintain and repair any and all storm water management facilities in good order, as determined by theTown, if the property owners association fails to do so in a timely manner. The Town shall be giventhe same rights as the property or homeowners association in assessing the owners of all lots forexpenses for such maintenance and repair.

BE IT FURTHER ORDAINED by the Council of the Town of Ashland, Virginia that Section 17-26,Required Improvements shall be amended to read, in part, as follows:

Sec. 17-26. Required improvements.

All required improvements shall be installed by the subdivider at his cost. Specifications andrequirements set forth in the Virginia Department of Highways and Transportation Road and BridgeStandards, Volumes 1 and 2, and the Town of Ashland Standard Specifications for Construction of

Water and Sewer Lines on file in the office of the director of public works, shall be followed. Thesubdivider shall abide by all standards, specifications, regulations and guidelines of the VirginiaDepartment of Transportation (VDOT) relating to road construction and related improvements, as wellas Hanover County relating to water and sewer standards and requirements. All VDOT standards,specifications, regulations and guidelines are hereby incorporated by reference, as well as allamendments thereto, insofar as they are not inconsistent with any other requirement(s) that are inwriting and approved by the Town. All requirements of Hanover County related to water and sewer, aswell as all amendments thereto, are also hereby incorporated by reference. The subdivider's bondshall not be released until construction, in conformance with the requirements of this section, has beeninspected and approved by the agent or director of public works Director of Public Works or his agent.All improvements shall include the following requirements in addition to the foregoing:

(a) Cash or surety bond Surety. The subdivider shall furnish a cash bond or equivalent, asurety bond of a surety company or a certified check surety in the form of a certified check, cash

escrow, letter of credit or bond, payable to the treasurer of the town, in an amount equal to the totalcost of the improvements as determined approved by the agent Town. Such bond or check a certifiedcheck, cash escrow, letter of credit or bond shall guarantee that the improvements will be installed inaccordance with town design standards within a designated reasonable length of time in a manneracceptable to the agent Town, and the form of such a certified check, cash escrow, letter of credit orbond shall be approved by the Town Attorney. The bond Documentation of the surety shallaccompany the final plat. Letters of Credit or bonds may be issued by out-of-area agents or banks,but must maintain at all times a physical draw address at a bank that is located in the Town ofAshland, Hanover County, City of Richmond, or Henrico County, Virginia. In the absence of a bond,no final plat shall be approved or recorded until the required improvements have been installed andapproved by the agent or his authorized representative.

(b) Maintenance bond. The subdivider shall be required to file a maintenance bond withthe agent Town in an amount considered adequate and in a form satisfactory to the town council

attorney, in order to assure the satisfactory condition of the required improvements for a period of oneyear after the date of their acceptance by the director of public works Director of Public Works.(c) Plans and specifications. Three (3) Eight (8) prints of the plans and specifications for

all required physical improvements to be installed shall be prepared by a certified engineer or landsurveyor and shall be submitted following approval of the preliminary plat to the director of publicworks Director of Public Works for approval or disapproval within sixty (60) days.

If approved, one copy bearing a certification of such approval shall be returned to the subdivider; ifdisapproved, the subdivider will be notified of the reason for disapproval.

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BE IT FURTHER ORDAINED by the Council of the Town of Ashland, Virginia that Section 21-186,Improvements and standards and Section 21-187 Procedures for processing the site plan, shall beamended to read, in part, as follows:

Sec. 21-186. Improvements and standards.

The following improvements and minimum standards, as applicable, shall be required and provided forin a site plan followed in accordance with the standards, specifications, regulations and guidelines ofthe Virginia Department of Transportation (VDOT) in each site plan. All VDOT standards,specifications, regulations, and guidelines are hereby incorporated by reference, as well as allamendments thereto, insofar as they are not inconsistent with any other requirement(s) that are inwriting and approved by the Town:

(a) All street and highway construction standards and geometric design standards shallbe in accord with those specified in the Virginia Department of Highways and Transportation by VDOT,or as required by the dDirector of pPublic wWorks.

(b) The pavement of vehicular travel lanes, driveways or alleys designed to permitvehicular travel on the site and to and from adjacent property and parking areas shall be not less thantwenty-two (22) feet in width for two-way traffic.

(c) Adequate off-street loading spaces, as required by the nature of the business, shall beprovided as required by the zoning administrator Zoning Administrator.

(d) A parking bay shall be paved in accordance with the requirements of the director ofpublic works Director of Public Works. This requirement shall apply also to interior travel lanes, privateroads or driveways. Every parking bay shall be so designed that no vehicle when parked will overhangproperty, sidewalks or moving travel lanes, public or private.

(e) Minimum utility drainage easement width shall be twenty (20) feet unless specificallyreduced as specified by the zoning administrator Director of Public Works. Where multiple structuresor pipes are installed, the edge of the easement shall be five (5) feet clear of the outside pipes.

(f) Sidewalk and trail requirements. Sidewalks and pedestrian trails shall be required to enabletenants to walk safely and conveniently from one building to another within the site and adjacent sitesand along all public roads except single-family residential properties on dead-end roads or thosezoned RR-1 (Rural Residential). The sidewalks and pedestrian trails shall be installed in accordancewith the sidewalk and pedestrian trail standards set forth in guidelines in the Development GuidelineHandbook. The town council may waive this requirement only for conditions determined to be uniquewithin the zoning district in which the property is located.

Unless waived by the town council, a pedestrian trail or trails, as required by the townmanager, shall be constructed to provide residents and users of the development an opportunity toaccess adjoining roads, public facilities, or nearby commercial or industrial destinations without havingto drive. Such trails shall be constructed by the developer and dedicated to the town unless waived bytown council.

(1) Sidewalks required on-site. Sidewalks and/or trails shall be required to enablepedestrians to walk safely and conveniently from one building to another within the site, to adjoiningroads, public facilities, or nearby commercial or industrial destinations.

(2) Sidewalks required along adjacent streets. Sidewalks and/or trails shall be required tobe installed in conjunction with development of sites along all public roads except in areas zoned RR-1. These sidewalks or trails shall be located within the public right-of-way, unless physical constraintsrequire encroachment onto private property. In the event that an encroachment is necessary, apedestrian access easement to the Town will be required.

(3) Waiver to sidewalk requirements. The Town Council may waive the requirement forsidewalks and trails when it is determined that a site is very remote from the existing sidewalk network,

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and there are no plans by the Town to construct sidewalk across the frontage of the property. Anysuch waiver shall be documented by the Town Manager.

(g) Curb and gutter requirements. The purpose of curb and gutter is to manage storm drainage,to channelize traffic, protect buildings and landscaped areas, and separate pedestrian and vehicularcirculation areas. Curb and gutter shall be required with all driveway and parking improvements as

well as along any public street adjacent to the site, unless otherwise waived by the town manager dueto drainage or other engineering considerations. Other curb and gutter requirements shall be inaccordance with section 17-35.1 of the subdivision ordinance. Any such waiver shall be documentedby the town manager.

(1) Curb and gutter required on-site. Curb and gutter shall be installed around all parkingand loading areas, as well as all access lanes thereto.

(2) Curb and gutter required along adjacent streets. Curb and gutter shall be required tobe installed in conjunction with the development of sites along all public roads.

(3) Waiver to curb and gutter requirements. Waivers may be granted to curb and gutterrequirements based upon drainage or other engineering considerations. The Town Manager maywaive the requirement for on-site curb and gutter as required in (1) above. The Town Council maywaive the requirement for curb and gutter requirements adjacent to a site as required in (2) above.

(h) Sidewalk, curb and gutter requirements.1. Sidewalks shall be installed so that occupants and patrons may walk on the sidewalks

from building to building or store to store within the site. Wherever possible, connection shall be madeto walkways in adjacent developments, and public sidewalks.

2. Curb and gutter shall be installed around all medians that separate travel lanes and/oroffstreet parking areas from existing streets, off-street parking and loading areas, to manage stormdrainage, to channelize traffic, protect buildings and landscaping areas, and separate pedestrian andvehicular circulation areas.

3. An exception to the requirement for sidewalks, curb and gutter may be granted by thetown council based on clear engineering conditions and good zoning practice. No exception shall begranted until after notice and public hearing as required by state law.

Sec. 21-187. Procedures for processing the site plan.

(j) The applicant shall be required to furnish a maintenance bond with the zoningadministrator Town in the amount of ten (10) percent of the estimated cost of improvements to bemaintained by the town. Such bond shall be in a form satisfactory to the town and be for a period ofone year after the date of the acceptance of such improvements by the director of public worksDirector of Public Works. Letters of Credit or bonds may be issues by out-of-area agents or banks, butmust maintain at all times a physical draw address at a bank that is located in the Town of Ashland,Hanover County, City of Richmond, or Henrico County, Virginia.

(n) A certificate of use and occupancy shall not be issued until the zoning administratorZoning Administrator verifies that all improvements required by the approved site plan and landscapeplan are completed, provided that in any case where lack of compliance with such plans is of atemporary nature due to weather or seasonal conditions and involves paving, tree planting,

landscaping, buffers, screening or similar features, a temporary certificate of use and occupancy maybe issued upon verification by the zoning administrator Zoning Administrator that security in the formof a cash or surety bond or letter of credit surety has been provided in a manner and amountsatisfactory to guarantee the cost of completing such improvements. Surety may be in the form of acertified check, cash escrow, letter of credit, or bond payable to the treasurer of the Town. Letters ofCredit or bonds may be issued by out-of-area agents or banks, but must maintain at all times aphysical draw address at a bank that is located in the Town of Ashland, Hanover County, City ofRichmond, or Henrico County, Virginia. Such temporary certificate of use and occupancy shall specifythe incomplete improvements and the period of time within which they are to be provided.

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BE IT FURTHER ORDAINED by the Town Council that the amendments herein of the Code of theTown of Ashland shall be effective immediately upon adoption.

Introduced: January 19, 2010

Advertised: Planning Commission:

Herald Progress: January 28, 2010 and February 4, 2010Town Council:Herald Progress: February 25, 2010 and March 4, 2010

Public Hearing:Planning Commission: February 17, 2010Town Council: March 16, 2010

Adopted:Effective:

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ACTION AGENDA

ITEM #1

RESOLUTION

WHEREAS Virginia Commonwealth Investors, III wishes to convey two 15 strips

of land located along Route 1 to the Town of Ashland; and

WHEREAS the Town of Ashland accepted proffers requiring the dedication of

said property in associated with rezoning on a portion of the property; and

WHEREAS the Town of Ashland wishes to acknowledge acceptance of this

parcel of land.

NOW THEREFORE BE IT RESOLVED that the Ashland Town Council hereby

accepts two 15 strips of land from Virginia Commonwealth Investors, III, referred to as

Parcel A and Parcel B, as shown on the plat of survey prepared by Downing

Surveys, Inc. dated February 18, 2010, entitled A Plat Showing Dedication of .13 ac of

Land Being the Front 15 of GPIN 7789-04-6910 & A Portion of GPIN 7789-04-6620

Dated this 16th day of March 2010.

Faye O Prichard, Mayor

Attest:

Lois A. Smith, Clerk of Council

MOTIONAPPROVE:Imovetoapprovetheresolutionaspresentedtoaccepttwo15footstripsoflandalong

Route1.

DENY: Imovetodenytheresolutionaspresented.

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www.town.ashland.va.us

STAFF REPORT

To: Town Council, Town of Ashland, Virginia

From: Nora Amos, Director of Planning & Community Development

Date: March 16, 2010

Case Type: Major Subdivision

Case No.: SUB10-0111

Case Name: Cottage Greene

Applicant: Ashland Land Holdings, LLC

Location: Between Cottage Greene Dr. & N. Hill Carter Pkwy.

GPIN(s): 7880-12-7473

REQUEST:The applicant requests preliminary plat approval to create 44 townhouse lots. Additionally,an exception is requested to Sec. 17-37 of the subdivision ordinance. Specifically, theapplicant is seeking relief to the requirement that all lots front upon public streets.

RECOMMENDATION:The Planning Commission and Staff recommend approval of the preliminary plat andexceptions to Sec. 17-37, subject to the conditions on page 4 of this report.

SUGGESTED MOTION:Exception RequestApprove I move for approval of the exceptions requested to Sec. 17-37.Deny- I move for denial of the exception request.

Preliminary PlatApprove- I move for approval of the preliminary plat, dated February 2, 2010, subject to theconditions recommended by the Planning Commission and Staff, as stated on page 4 of thestaff report.Deny- I move for denial of the preliminary plat.

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SUB10-0111 March 16, 2010Cottage Greene

BACKGROUND:Existing Zoning R-5, Residential Multi-familyLocation Between Cottage Greene Dr. & N. Hill Carter Pkwy.

Size 8.724 acresExisting Land Use Cottage Greene Condominiums (under construction)

Surrounding LandUse and Zoning

North: M-1 & R-5. Vacant & Apartments.East: B-2. Truck StopSouth: B-2 & R-5. Hotels & CondominiumsWest: PSC. Shopping Center

Comprehensive PlanThe Plan states that this property is appropriate for High DensityResidential (7.1 to 10 units)

Project History. In 2005, the applicant submitted a request for an exception to develop theproperty with individual townhouse lots floating in the main common area lot, rather thanfronting on a public street, as required by the ordinance.

Subsequently, the applicant began to develop the property as a condominium for saleproject, which would not create new parcel lines, as the street frontage requirement would bemet by the overall parcel that the entire project was a part of. Currently, 45 of the total 89

units have been sold.

New FHA Regulations. In December of 2009, new regulations took effect regarding FederalHousing Administration (FHA) mortgages in condominium projects, which restricted the totalnumber of federally-backed loans within condominium projects to no more than 50%. Thisnumber is scheduled to decrease to 30% at the end of 2010. Over 80% of the existing unitsconstructed had been financed through the FHA, their project essentially cannot sell anymore units under FHA loans. The project is marketed toward buyers who typically wouldneed an FHA loan.

The regulation does not apply to townhouses, only condominiums; therefore the applicanthas requested subdivision approval to create townhouse lots for the remaining units. It is

important to note that nothing will physically change within the project. Only the configurationof the ownership of the footprint of the unit would change. Also, maintenance of outdoorareas would not be affected.

Exception Request. In addition, an exception request was required to allow the townhouselots to not front upon public streets as required in Sec. 17-37.

CONSIDERATIONS:

Staff has reviewed the applicants most recent submittal, received by the Town on February2, 2010, and finds the subdivision meets all dimensional requirements of the Zoning and

Subdivision Ordinances. Staff has concerns relative to other aspects of the subdivisionproposal, as reflected within the recommendation.

Open Space. Upon reviewing the initial request by the applicant, staff noted to the applicantthat the proposed townhouse lots would encompass areas that were previously designatedas common open space, and placing the open space in private ownership would significantlyreduce the amount of open space to below the required 50%.

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Initial submittal, showing eachtownhouse lot meeting setbackrequirements, however, this affects theopen space requirements.

Second submittal, showing townhouselots with no internal setback, openspace requirement is almost met.

Alternately, theapplicant proposedreducing the footprintof the townhouse lotsto just the footprint ofeach townhouse unit,

to also include thepatio space and shedin the rear. The issuewith this is that therear and sidesetbacks for lots isnot met, if it is

interpreted that townhouse lots are required to meet setbacks, however staff does notbelieve it is the intent of the ordinance for townhouses to have any more stringent standardthan condominiums or apartments. If setbacks were to be imposed within each townhouselot, the number of units would be greatly reduced, making it far more attractive to developany property within the R-5 district as condominiums or apartments.

Staff believes that the regulations within this district were drafted without the forethought toinclude specified setbacks for townhouses, or language to consider open spaces withintownhouse developments, as is specifically stated within the regulations for the R-4 district,even though townhomes for sale were included as a specific use, therefore staff interpretsthe exterior project boundary to be what the setbacks are intended to be measured from,rather than the internal townhouse lot boundary.

Staff would also note that there is only one other townhouse development in the R-5 zoningdistrict in the Town, Arlington Square, which was constructed and subdivided in the samemanner: (1) An exception to the internal public street requirement was granted, and (2)Internal setbacks for townhouse lots were not considered in the administration of setbacks..

The current submittal (the second, or February 2 submittal) is still just below the requiredamount of open space by just 0.004 acres (184 square feet), and could be corrected byadjusting certain lot lines.

Exception Request. The applicant has requested an exception to Sec. 17-37 of theSubdivision Ordinance. The code section states:

Each lot shall abut on an existing or proposed dedicated public street or on a streetwhich has become public by right of use.

The authority to grant exceptions to Subdivision requirements are included in Sec. 17-5 of

the Subdivision Ordinance, which states the following is necessary to grant an exception:

Where the planning commission finds that extraordinary hardships or practicaldifficulties may result from strict compliance with a provision of this chapter and/or thepurposes of these regulations may be served to a greater extent by an alternativeproposal, the commission may recommend approval to the town council [of]exceptions to these subdivision regulations so that substantial justice may be doneand the public interest secured, provided that such exception(s) shall not have theeffect of nullifying the intent and purpose of these regulations. The planning

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commission shall not recommend exceptions unless it shall make findings basedupon the evidence presented to it in each specific case that:

(1) The granting of the exception will not be detrimental to the publicsafety, health or welfare or injurious to other property; and

(2) Because (of] the particular physical surroundings, shape ortopographical conditions of the specific property involved, a particular

hardship to the owner would result if the strict letter of theseregulations are carried out; and

(3) The exception(s) will not in any manner vary the provisions of thezoning ordinance, comprehensive plan or official zoning map.

In recommending exceptions, the planning commission may recommend suchconditions as will, in its judgment, secure substantially the objectives of the standardsor requirements of this chapter.

The applicant has submitted a letter (see attached) stating several reasons in support of thisrequest. Staff believes that the exception request meets the requirements for granting anexception, as a practical difficulty or hardship has been created by the new FHA regulations,which prevents the ability of the developer to continue the project as originally planned. Staff

originally recommended denial of a similar exception request on this property (SeeBackground), however the FHA regulation was not in place at the onset of the project.

The applicants alternatives would be to market the remainder of the development as ahigher end product that would not be as dependent upon FHA loans, however this would beextremely difficult since the market has been established for this project, and also given thatmost of the remaining units abut commercial properties (a truck stop and a motel). The otheralternative would be for the developer to complete the construction of the units and rent asapartments. Staff has attached a fact sheet regarding the new FHA regulations.

RECOMMENDATION:

At its February 17, 2010 meeting, the Planning Commission adopted the following twomotions:

The Planning Commission recommends that the Town Council approve the preliminary plat,dated February 2, 2010, subject to the following:

1. Provide a detail showing all lot sizes (to include the individual lots, condominiums,and common area), areas within the common area that do not contribute to openspace (parking and streets), to prove that the minimum open space area of 50% ismet.

2. Indicate the owner of the Common Area.3. Prior to recordation of the final plat, a new BMP maintenance agreement may be

needed.4. Show on the plat how setbacks are met between buildings and the project boundary.

The Planning Commission further recommends that the Town Council approve the requestfor exception to Sec. 17-37.

Staff concurs with the Planning Commissions recommendations.

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SUB10-0111 March 16, 2010Cottage Greene 16


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ACTION AGENDAItem #3

Invoices

FOR COUNCIL APPROVAL

1. Central Virginia Waste Management Authority $63,407.73Residential refuse collection for April, May, June

FOR COUNCIL INFORMATION

1. Central Virginia Waste Management Authority $4,339.33Curbside recycling for April, May, June

2. PAPCO $4,322.952052 gallons reformulated, regular, unleaded gasoline

MOTION

APPROVE: I move to approve and pay the invoices as presented.

DENY: I deny approval and payment of the invoices as presented.

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DISCUSSION

Item 1 Erosion and Sediment Control Ordinance - Revision

The Town staff has worked with the Town Attorney to draft proposed changes to theAshland Town Code, Chapter 5, Erosion and Sediment Control.

The changes primarily affect the penalties and process for failure to adhere to anapproved plan or respond to Town inspections. The proposed changes will effectively

make the Towns ordinance similar to Hanover Countys ordinance.

It is requested that Council authorize advertising this ordinance revision for a publichearing to be held at the April 6, 2010 meeting.

MAD 02/24/10

MOTION

APPROVE: I move to approve the advertising of this ordinance revision for a public

hearing to be held at the April 6, 2010 meeting of Town Council.

DENY: I deny approval of advertising this ordinance revision for a public hearing.

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Town Managers Report

March 2010

Projects/Updates:

We

are

waiting

for

the

final

decision

from

the

General

Assembly

conferees

as

to

the

fate

of

the

statebudgetandalsoourown.

StaffwillpresentadraftbudgetFY11toCouncilattheApril6TownCouncilmeeting. TownStaffisworkingwiththeEconomicDevelopmentAuthorityandotherorganizationsonthe

EconomicDevelopmentStrategy.

TheTownStaff continuestoworkwithHanoverCountyandotherRichmondRegionlocalgovernmentsonpreparationsfortheCivilWarSesquicentennialfrom20112015.

TheStrawberryFaireCommitteeisstillseekingnewvolunteersfor2010sothatthosewhohaveservedloyallyforthelast28yearscanretire.

REMINDERS:March16,5:30PMCouncilBudgetWorkSession,Part2

March22,6:00PMCouncilworkSession, EastAshlanddevelopment

March23,5:30PM HanoverLegislativeReceptionTimesDispatch,AtleeStation

March26&27,7:00PMBlackHistoryEvent:WeWereThere:HistorythroughtheArtsBlackwell

AuditoriumatRMC.

CWH

3/11/10

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Ashland Police Department

February 2010

Monthly Report

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INTRODUCTION

The monthly report is intended to serve as an overview of the AshlandPolice Departments effort to combat crime within the Town of Ashland. Thereport contains information about the number of criminal offenses during themonth of February 2010 and the activities undertaken by the Police Departmentto improve the overall quality of life for the community.

The information helps the Police Department develop strategies for

providing a safe environment in which to live, work, visit and play. Theinformation is also intended to keep the public and officials informed.

For the month of February our officers made a total of 35 criminal arrests.The department handled 37 Group-A offenses, of which 19 thus far have beencleared which gives our department a monthly clearance rate of 51.4%. Ouroverall clearance rate for all crimes is 75.6%.

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Activity Highlights

Day Shift

Responded to 188 calls for service.

Made 5 criminal arrests.

Completed 113 park, walk and talk activities.

Completed 18 police reports.

Issued 45 summons and 14 warnings.

Completed 4 adopt-a-senior visits.

Completed 5 Lunch Buddy visits

Evening Shift



Completed over 132 park, walk and talk activities.



Completed 67 property checks.

Completed 2 adopt-a-senior visits.

Midnight Shift



Made 1 DUI arrest.

Completed over 97 park, walk and talk activities.



Completed 756 property checks.

Progress in the South Taylor, Arlington and Randolph Streets Corridor

Officers handled 8 calls for service in this area, completed 35 park, walk and talkactivities as well as 39 hours of Traffic enforcement and observation time. During

this time officers issued 35 summonses and made 4 arrests.

4 roll calls were conducted in this area during the month and officers made 47community contacts.

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Investigations:

Twelve cases were assigned, eleven were closed with arrests, and one wasmade inactive.

Six petitions were obtained from a brandishing case that stemmed from abreaking and entering from the previous month.

A case involving a counterfeit check was found to be part of an interstatecrime ring. As a result we are working with the United States Postal Service.Our investigation has assisted the Postal Service in determining the suspects.The federal investigation is ongoing.

A search warrant was executed due to evidence gathered throughsurveillance. The search warrant led to two arrests for possession ofmarijuana.

Two arrests were made for possession of marijuana in the S.T.A.R. corridor.

A subject was arrested for possession of marijuana, possession of a scheduleII narcotic, and possession of a concealed weapon.

Two subjects were observed in a physical altercation with one another. An

on-sight arrest was made and both subjects taken into custody withoutincident.

Investigations assisted in a mini vehicle checkpoint in which an investigatormade an arrest for providing alcohol to a person under 21 and three othercounts of possession of alcohol.

Community PolicingA neighborhood watch meeting was conducted in Sedgefield with ChiefGoodman in attendance. Another watch meeting was held in Ashland TownSquare.

Two reviews were conducted on businesses to ensure that they do not

become victims of crime.Six hours of foot patrol was conducted in the S.T.A.R. corridor.

Community policing is in the process of updating key holder information forthe town. 39 businesses have been visited during this month.

Training

The agencys supervisors conducted training on Sexual Harassment throughVirginia Municipal Leagues On-line University.

Training was conducted for consular notification for foreign nationals.

Training was conducted on the use of new tint meters which were acquired

through grant funding.Training was conducted on ballistic shield tactical usage.

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HighlightsOn February 12, 2010, officers conducted a traffic stop on a vehicle for aspeeding violation. After making contact with the driver, a smell of burntmarijuana was detected emanating from the passenger compartment. Uponfurther investigation officers discovered marijuana and smoking devices andsubsequently charged the passengers with possession of marijuana.On February 13, 2010, officers a subject walk between two vehicles and duckout of view. They made contact with the female subject and discovered thatshe was intoxicated and became uncooperative with officers, refusing toprovide her name, age or produce any identification. Another student helpedidentify the female, and it was discovered that she was also only 19 years ofage. The female was arrested and charged with urinating in public, publicintoxication, and underage possession of alcohol.On February 13, 2010, officers investigated a child endangerment call.Through their investigation, officers located the violator and the four childrenin front of 222 Randolph Street. Officers obtained ten warrants (4- childendangerment, 4- child restraint, 1- driving on a suspended license and 1-

allowing unlicensed driver to drive).On February 27, 2010, officers arrested two juveniles for larceny of a streetsign. After searching the juveniles, officers recovered numerous items thathad been stolen from a local business.On February 28, 2010, officers were conducting a welfare check on aresident, and while there, discovered that the resident had just suffered astroke. Officers rendered first aid and acquired medical assistance for thepatient.On February 27, 2010, officers observed a vehicle with defective equipmentand subsequently conducted a traffic stop. While speaking with the driver,officers observed the grip of a revolver barely visible between the center

console and the drivers seat. The rest of the weapon was concealed and thedriver did not have a concealed weapons permit. Officers calmly removedthe driver from the vehicle and detained him for further questioning. Duringthe course of the investigation, a large quantity of marijuana was found on thedriver and he admitted to selling the substance. It was also discovered that hewas a convicted felon. The driver was charged with carry a concealedweapon, felon in possession of a firearm, and distribution of marijuana.

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DEPARTMENT OF PUBLIC WORKSMANAGEMENT REPORT

February 2010

PERSONNEL

The Public Works department has 25 authorized positions. Two equipment operator positionsbecame vacant in March 2009, and will be left vacant through FY10. One other Street Crew

position is vacant effective July 1, 2009, resulting in three vacancies total. Two positions arefrozen for FY10; recruitment for one vacancy may commence later this year.

FIELD OPERATIONS

Street Crew

This month the Street Crew was involved with the following activities:

-Snow and ice removal was the primary activity for January (800 hours regular, 400

hours overtime)

-leaf collection - no activity again this month due to snow.-brush collection, (15 loads, 50 hours).

-pothole patching with cold patch material (40 hours).

-traffic signal calls (0).

-drainage maintenance cleaning inlets from snow (60 hours)

-repair and maintenance of street signs & trimming for sight distance (104 hours).

Buildings and Grounds Crew

The Buildings and Grounds crew focused on seasonal maintenance activities at all Townproperty, including the parks and Town buildings. Crew activities primarily included thefollowing: Clean up, painting and miscellaneous repairs at old fire station; misc. work aroundTown Hall; helped with staff moves to/within Town Hall; worked with Street crew on snowremoval. Hourly summary of activities was as follows:

Month (hours)-Right of way maintenance: 18-Landscaping Maintenance: 0-Building maintenance, cleaning: 256-Park Maintenance: 0-Trash clean up: 18-Snow removal, clean-up: 95

Vehicle Maintenance

As part of their normal activities, the crew performed the following maintenance activities.

-Preventative Maintenance Orders: Month: 17-Repair Orders: Month: 27

In addition, worked with Street crew on snow removal; repaired snow equipment from two majorstorms last month.

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Administration/Engineering

In addition to the projects that involve the field crews and the numerous ongoing daily activities,

the department was involved with the following projects this month:

-Departmental activity summary:Month

Citizen inquiries: 15New right of way permits: 1Erosion control inspection sites: 20 (82 site inspections this month)Dept. Computer service/maint: 12(17hours)Site plan review 16hoursCADD work 65 hours

-Inspect and review work at development sites: Woodside Estates subdivision and offsite

utilities, Cottage Green Condominiums, several single family lots, Carters Hillsubdivision, Route 1 waterline, Chenault Veterinary, Logans Run, YMCA Phase II,Smith Street relocation (by RMC), Wesley St. sewer line.

- Administrative involvement with site plan issues and corresponding maintenanceagreements, easement documents, building permits, etc.

- Engineering staff moved from Town Hall to old fire station, still settling in.

- Visitors Center Roof project follow-up with a few warranty issues.

- Worked with Town Attorney on revisions to various ordinances, which will be coming

to Council for consideration in early 2010.

- Completed first draft of departments annual budget.

Project Activity/Status

1. Sidewalk Improvement Program

Continuing to work on details to apply for Safe Route to School grant program forconstruction funds for several sidewalks as discussed with Council atworksession on August 18, 2009.

School Travel Plan was submitted to VDOT for preliminary review by November

2, 2009. The final School Travel Plan was submitted November 27. VDOTapproved the School Travel Plan. The grant application was submitted December28, 2009.

Prepare cost estimate for N. Center Street trail/sidewalk for CIP.

2. Drainage

Mapping of entire drainage system: Field work and drawing preparation isprogressing.

Downtown drainage west side of railroad:38


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o Collected field data and preliminary background.o Survey work completed by annual contractor.o Pipe flushing and TV inspection of system began in September.

Significant amounts of sediment have been removed. One blockage wasfound on Hanover Avenue, and that was repaired in early October 2009.

Flushing of entire downtown system completed by end of October.o Initial analysis of system and preliminary design completed. Detailed

drawings in progress in order to finalize design.o Follow-up TV inspection is being scheduled for March, weather

permitting.

3. Residential Area Improvements Henry Clay Road: recorded easements. Macon Circle: Reviewed existing information on file, began gathering data to

begin preliminary engineering.

4. Stormwater Management

Mechumps Creek restoration project with RMC: Survey has been completed. CAD drawings have been submitted and are being reviewed by Town and

RMC. Phase 1 construction details are being discussed; work to begin in Spring

2010.

BMP inspection and notification program begun in Feb. 08 continues and will beon-going.

Storm Water VSMP Phase II MS4 Permit: Continued to monitor status of regulatory changes. Revised regulations were

improved over draft regulations previously adopted. Preliminary coordination with RMC on Macon a Difference Day Wrote article for On-Track as part of public education efforts.

5. Route 1/Route 54 Intersection

Provided feedback to VDOT as needed; monthly project status report from VDOTis attached.

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Virginia Department of Transportation

Richmond District

2430 Pine Forest Drive

Colonial Heights, VA 23834

Project Management Office

Project Status Report

Date: February 24, 2010

Re: Project # 0001-166-V06 P101, R201, C501 UPC 13463

Project Information Snow has caused further delay of obtaining survey. Survey is scheduled to

begin next week (weather pending).

Scoping Report was approved by the Assistant State Location & Design Engineeron 2/3/2010.

Traffic Engineering has completed their initial review of storage lengths.Additional information has been requested to determine whether the datasupports the proposed SB turn lane.

Project Schedule

Major MilestonesMilestone/Approval Date

PFI Meeting 5/12/2010PH Date 01/06/2011Design Approval 03/03/2011FI Meeting 9/14/2011RW NTP 2/13/2012PAC Meeting 12/12/2012Advertisement 06/10/2013

A public hearing has been allowed for in the draft project schedule; if at a later

date it is determined that the public hearing is not necessary and Willingness willsuffice, the AD date may be reduced by 1-2 months.

* No changes since January.

Project Estimate/Budget The PE estimate has been updated to include consultant costs. Below is

a breakdown of costs.

o The PE estimate developed at Scoping in May 2008 - $356,79840


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o Updated VDOT manpower estimate in Sept 2009 - $575,612*

o Consultant Services -$ 74,895

o VDOT Oversight for Hydraulics -$ 7,500

o Expenditures -$111,200

o Total PE Estimate -$608,097**

*Number includes approximately $50,090 estimated to cover consultant services &VDOT oversight.**Number includes expenditures.

Factors causing increased cost to PE

o Original estimate was almost two years old.

o Roadway design and signal design had to start over from scratch.

o Consultant Services for hydraulic design.

o There is an error in the survey elevations that has to be corrected.

Based on the allocations (including anticipated funding from 8652 &14561), the shortfall is $1,313,962.

*** No changes since January.

Project Risks Known hazardous materials contaminated sites.

Funding

Potential for future resource reductions

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February

2010

February

2009

Year To

Date Total

Total This

Point Last

Year

Development:

Site Plan Reviews 2 2 3 2

Rezoning Requests 0 0 0 0

Conditional Use Permit Requests 2 0 2 1

Board of Zoning Appeals Variance/Appeals

Requests 0 0 0 0

Subdivisions 0 0 1 0

Enforcement:

Sign Violations 30 42 43 70

Zoning Investigations 20 24 29 42

Administration:

Pre-Application Conferences 0 2 1 4

Zoning-Planning Inquiries 190 235 387 469

Building Permits 6 5 10 15

Occupancy Certificates 0 0 1 7Sign Permits 1 2 4 4

Business License review 2 2 2 4

T o w n o f A s h l a n d

February 2010 Management Report

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2

UPCOMING MEETINGS:

Town Council

March 2, 2010

East Ashland Rezoning and Conditional Use Permit requests.

Ordinance PL2009-09 Setbacks in Planned DevelopmentsMarch 16, 2010

Capital Improvements FY 2010-2011 through 2014-2015

Ordinance PL2010-1 Regarding homeowners associations, bonds, clarification between VDOT

and the Town Standards, and clarification of curb, gutter and sidewalks standards

Cottage Green Town homes Preliminary Plat

Planning Commission

March 10, 2010

EcoProperties, LLC Conditional Use Permit request to construct apartments above commercial

space at Thomas and Robinson Streets

Randolph-Macon College Conditional Use Permit for exceptions to lighting standards for

tennis courts

Carters Hill, Section 2 Rezoning from RR-1 & R-1 to R-2, preliminary subdivision platapproval for 30 lots

Randolph-Macon College Parking Plan

Board of Zoning Appeals

March 18, 2010

(no items scheduled for this meeting)

Ashland Main Street Association

March 24, 2010 - 5:30 p.m.

Economic Development Authority

March 25, 2010 - 6:30 p.m.

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3

DEVELOPMENT PLANS:

Plans under review

Ashland Towne Square Parking LotDrainage improvements

Carters Hill Subdivision, Section 2 East side of Chapman Street Randolph-Macon College Tennis Courts Henry Clay Road

Almost Approved

Project Grapevine - Hill Carter Parkway

Vista Environmental - Hill Carter Parkway

New Hotel Site N. Carter Road, at the old KFC site.

Turn Lane from Rt. 54 Westbound to I-95 Southbound As part of the proffered conditions

from Hickory Hill in Hanover County.

Wesley Street Sewer Replacement Hanover County Utilities

East Ashland Water/Sewer Plans Heartland Subdivision N. James & N. Snead Streets

Approved

Sheehy Auto Sales Washington Hwy & Lakeridge Pkwy

Under Construction

Cottage Green Condominiums Cottage Green Drive

March Park - off Woodside Lane

Carters Hill Subdivision James and Chapman Streets

YMCA Expansion Ashcake Road

Chenault Veterinary Hospital Hill Carter Pkwy. & Ashcake Road

Smith Street Relocation Randolph-Macon College

MISCELLANEOUS

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