Town of Ashland

Planning Commission
February 17, 2010 Agenda
Regular – 7:00 p.m.
Town Hall Council Chambers
I. CALL TO ORDER

II. ROLL CALL

III. DETERMINATION OF QUORUM

IV. CITIZEN INPUT

V. PUBLIC HEARINGS

A. Capital Improvements Program FY 2010-2011 through 2014-2015: Review 2

recommendations 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 capital intensive are included in the CIP. The identified projects and assigned
priorities are reviewed annually by the Planning Commission and the Town Council.
B. Ord. PL2010-1, an ordinance to amend The Code of the Town of Ashland, Chapter 16, 40
“Streets and Sidewalks”, Art. I, “In General”, Sec. 16-10, “Connections over shoulders of
roads and streets for intersecting private 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”. The ordinance would also add a new section, Chapter 17, “Subdivision of Land”,
Art. II, “General Procedures, Plats, and Platting”, Div. I, “Generally”, Sec. 17-14.1
“Approval of Homeowners Association Documents”.

VI. REPORT OF COMMITTEES

A. Town Council – by Ned Henson

B. Ashland Main Street Association – by Bob Brown

VII. UNFINISHED BUSINESS

VIII. NEW BUSINESS

A. Cottage Greene Subdivision 48

IX. PRESENTATION OF MINUTES

X. ADJOURNMENT

Council summaries are attached 58

Capital Improvements Program (CIP) Public Hearing

At the November meeting with the Planning Commission, staff distributed last year’s 2010-2014 Capital
Improvements Program. In January, staff presented a draft 2011-2015 Capital Improvements Program.
Planning Commission discussed the CIP project list and made recommendations to staff regarding list
prioritization. The updated timetable for completion of this project is:

Schedule:

Planning Commission:
x November meeting – Distribution of previous years CIP
x January meeting – Project prioritization work session
x February meeting – CIP public hearing with recommendation to forward to Council

Town Council:
x February16 Meeting – Ask Council to advertise Public Hearing for March 16 meeting
x March 2 Meeting – Presentation of Planning Commission’s recommendation regarding the CIP.
x March 16 Meeting – Public Hearing and Adoption of the 2011-2015 CIP.

Recommendation:
The Planning Commission chose these nine projects to bring forward as the priority projects for the
FY2011-FY2015 Capital Improvements Program. Any projects not included in these seven, but still
remaining on the project list, will be listed as “Vision” projects.

ED-005: Downtown Sidewalks

The project is generally identified in the Comprehensive Plan as a priority, and would have a positive
impact on residents, businesses, and visitors in Ashland.

PR-001: North Ashland Park

This project is identified in the 1997 Parks & Recreation Master Plan as a priority. It also addresses the
Comprehensive Plan objective of maintaining and enhancing the Town’s parks, open space and trails
system as needed by acquiring and developing additional land for the park and trail system. The
Comprehensive Plan also states that providing new recreation opportunities in the north part of Town are
priorities.

SW-001: Town Wide Drainage Improvement Program

This project provides site or neighborhood specific drainage projects. Public Works and Town Council
identified downtown drainage as a priority for these funds. Town staff are currently in the preliminary
design stage. The project falls under the stormwater management objective in the Comprehensive Plan of
ensuring that critical erosion is identified and appropriately managed through mitigation efforts.

TR-001: Sidewalk, Curb, & Gutter

Pedestrian accessibility and connectivity has been established as a priority in the Comprehensive Plan,
Bicycle and Pedestrian Plan, the Parks & Recreation Master Plan, and has been reaffirmed by Town
Council’s annual adoption of a sidewalk priority list. This project should be a priority to continue
meeting the needs addressed in these plans. The Town has applied for a Safe Routes to School grant
which could accelerate the completion of a sidewalk grid from various residential neighborhoods to local
schools.

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TR-002: Residential Area Improvement Program
The Residential Area Improvements Program makes significant upgrades to the Ashland community. It
addresses a number of needs addressed in various plans as well as subjective needs as identified by
individual citizens in the neighborhoods. The Henry Clay Road project is complete and the Macon Circle
neighborhood has been identified as a future priority.

TR-005: Intersection of Routes 1 and 54

This project is identified in the Transportation 2020 Plan, the Comprehensive Plan, and the VDOT Six
Year Improvement Program. As the connection between downtown and the interstate this intersection
should effectively accommodate both vehicular and pedestrian traffic. This project would improve the
intersections ability to do so.

TR-010: Vaughan Road Extension

A connection of Vaughan Road to Route 54 on the west side of Town would provide a beneficial travel
option for commuters. A center line study to determine long term capacity and improvements needs
should be completed. The project is identified in the Long Term improvement plan in the Comprehensive
Plan as a strategy to work with Hanover County and VDOT to coordinate road improvements that would
provide commuters alternatives to Route 54 and Route 1, involving an East-West route.

TR-013: I-95 Interchange Improvements

This project is identified as a problem in the Transportation 2020 plan, and is recommended as an early
action plan priority to conduct an interchange feasibility study for the I-95/Route 54 Interchange.
Continuing development pressures, especially on the eastern side of I-95, have shed light on the impact
development with have on the functionality of the interchange for years to come.

TR-019: Railroad Crossing Improvements

This project involves the installation of new railroad crossings and arms. Installation of double arm
crossings would increase safety throughout Town by preventing motorists from doing an “S” curve
through the signal arms on each side of the crossing.

Changes Summary:
The following changes were made to projects from previous years.

ED-005: Downtown Sidewalks

Note made regarding the progress of this project. Staff are evaluating alternative approaches to
accomplish this project.

PF-005: Visitor’s Center Roof Rehabilitation

This project is complete. Upon final payment of the last invoice this project will come in under budget.

SW-001: Townwide Drainage Improvement Program

Update status and project description. Town Council has identified downtown business district drainage
as a priority and directed staff to proceed with the project. Public Works staff are in the preliminary
design stage and cost estimate should be available in the near future. Staff and planning commission
recommend making this a “priority” project.

TR-001: Sidewalk, Curb, & Gutter

Updated the status of the project. Public Works staff applied for a Safe Routes to School grant to connect
significant portions of our sidewalk network. We are awaiting the response to the grant request.

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TR-008: Signalization at 500 Washington Highway
Changed the name of this project to reflect the pull out of Lowes Home Improvement as the possible
developer.

TR-010: Vaughan Road Extension

Update status and project description. Planning Commission identified this as a priority project as
development pressures accentuate the need for a pre-determined plan for this project.

TR-021: Rte. 1 & Archie Cannon Rd. Traffic Signal

Added this project at the request of Public Works staff and Planning Commission.

MOTION
APPROVE: I move to recommend the Capital Improvements Program as presented to the Town
Council for adoption.

DENY: I move to deny the Capital Improvements Program as presented.

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 Capital Improvements Program
(CIP)

FY2010-2011 through FY2014-2015

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March 16, 2010

Honorable Mayor and Members of the Ashland Town Council:

I am pleased to present to you the proposed FY2010-FY2011 to FY2014-FY2015 Capital

Improvements Program (CIP) for the Town of Ashland. The CIP represents a plan to
meet the capital needs of the Town’s government and its citizens based on the
Comprehensive Plan, Stormwater Drainage, and Parks and Recreation Plan. It also
takes into consideration the capital needs outlined by the director of each of the Town’s
departments. The CIP also indicates how Ashland proposes to fund the identified
capital improvement needs over the next five (5) years.

The five-year CIP includes twenty-nine (29) projects and the funding is divided among
Ashland’s General Fund, Capital Projects Funds, grants, bonds and other private funds.

Areas of focus for the CIP are:

x Consolidation of Voluntary Settlement Agreement Funds

x Continued investment in neighborhoods
x Continued investment in sidewalks and gutters
x Identification of Downtown Sidewalks as a priority project
x Refocusing on transportation projects as a priority

The CIP as presented is a document focused more on identifiable projects than concepts.
This approach should allow for more informed decision making in the years to come.
The challenge for the future will be to focus on the most important priorities while
maximizing other funding and limiting future debt.

Yours truly,

Charles W. Hartgrove
Town Manager

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 Forward

The Town of Ashland was established in 1858 and is located in Hanover County,
Virginia, approximately fifteen (15) miles north of Richmond. The Town consists of
7.12 square miles. The size of the Town increased with the 1977 annexation and again
with the 1996 Voluntary Settlement Agreement with Hanover County.

The Town is organized under the Council-Manager form of government. The Town
Council is the legislative body of the Town and is empowered by the Charter to make
Town policy. Town Council is comprised of five (5) members who are elected at large
for four (4) year overlapping terms. The mayor is elected by members of Town Council
at its organizational meeting in July every two (2) years.

The Town Council appoints the Town Attorney and the Town Manager. The Town
Manager acts as the chief executive officer of the Town and serves at the pleasure of the
Council, carries out its policies, directs business procedures and has the power of
appointment and removal of all Town employees. Duties and responsibilities of the Town
Manager include preparation, submission and administration of the capital and operating
budgets, advising the Council on the affairs of the Town, enforcement of the Town
Charter and the Ordinances of the Town, and direction and supervision of all
departments.

The Town Council, in its legislative role, adopts all ordinances and resolutions and
establishes the general policies of the Town. The Council also sets the tax rate and
adopts the budget.

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 Capital Improvements Program
Fiscal-Years 2010-11 through 2014-15

The CIP serves as a guide for financial decisions, annual budgeting and the coordination
of major public investments in the preservation and expansion of the Town’s
infrastructure. The CIP shows how Ashland plans to address its public facility needs and
the best method of paying for them within the Town’s fiscal capacity.

The preparation process of the CIP involves several steps. Initially department directors
identify potential capital projects for a five (5) year period. The Town’s financial
capabilities are analyzed to determine revenues available for capital projects. A schedule
of capital projects is prepared for the five (5) year period and is approved by the Town
Manager for submittal to the Planning Commission and Town Council. Finally, the CIP
is reviewed, revised and recommended by the Planning Commission to the Town Council
for evaluation and adoption. The CIP is normally updated annually in conjunction with
the adoption of the budget.

Priority levels for CIP projects are determined considering a number of different
information sources. Planning Commission recommends four to nine priority projects
based up Council Policy and goals, the Comprehensive Plan, community input, and a
general determination of need. The remaining projects are placed on the CIP Vision list.
These general guidelines are supplemented with recommendations from existing plans,
i.e. Parks & Recreation Master Plan, Trails and Greenways Plans, downtown plans, etc.,
input from the public, Planning Commission, and Town Council, and finally the
availability of staff and financial resources to address the project.

The CIP includes capital projects, continuing programs and capital equipment. A capital
project is defined as a construction, renovation or demolition project or acquisition of
land and considered to have a useful life in excess of ten (10) years. Included in this
description would be new projects as well as approved projects that require continued
funding.

Capital Improvements Program and Comprehensive Plan

The CIP and the Comprehensive Plan are separate documents that support the Town in
comprehensive, financial and land use planning.

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 Debt Management

The Town’s bonds are rated by Moody with a rating of A

Legal Debt Margin

The Code of Virginia limits the total amount of General Obligations debt that can be
issued by the Town to ten percent (10%) of the assessed valuation of the real estate
subject to taxation. Debt which is included in determining this limit includes any bonds
or other interest bearing obligations including existing indebtedness. Excluded from this
calculation would be any revenue bonds or debt whose debt service requirements are
derived from a source other than from the Town’s real property tax revenues. The
following was the Town’s legal debt margin as of June 30, 2009.

Assessed Value $724,064,966

Debt limit 10% of assessed value $72,406,497

Amount of debt subject to debt limit:

General Bonded debt $154,959
Enterprise fund debt $640,041

Total applicable to debt margin $795,000

Legal debt margin $71,611,497

The recommended CIP includes twenty-nine (29) projects estimated to cost considerably
more than $82,279,200.00 in the next five (5) years. Of the total amount $1,506,097 has
been identified in local funding. Financing of these projects is to be from
intergovernmental sources.

The Town’s bonded indebtedness stood at $795,000.00 on June 30, 2009. Of this amount
$640,041.00 relates to water and sewer projects, which will be paid for by Hanover
County through the Town. Debt service payments peaked in 1994-95 and have decreased
thereafter due to the final payments on several small borrowings. If any of the larger
unfunded projects are to be accomplished by the Town, borrowing or outside funding
would be required.

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 Summary of Capital Projects

The CIP is divided into five (5) functional areas. They include the following:

Economic Development (ED)

Streetscape improvements in various areas of the Town, including relocating overhead
utilities, will be influenced by decisions made by Ashland Main Street Association, Town
Council and Planning Commission.

Parks and Recreation (PR)

The Planning Commission recommended a new project, PR-1 North Ashland Park a few
years ago to provide additional recreation facilities for the northernmost portion of Town.
The Parks and Recreation Committee and the Town Council will consider these projects.

Public Facilities (PF)

The Visitor’s Center Roof was rehabilitated under the previous years CIP. There is a
need to begin fund allocations for further modernization of Town Hall or rehabilitate the
Fire Station Facility.

Stormwater Management (SW)

The Town is currently mapping all the ditches, streams, and drainage systems throughout
Town. Once mapping is complete, Public Works will prioritize drainage projects.
Council has prioritized downtown drainage.

Transportation Facilities (TR)

Funding through the Virginia Department of Transportation (VDOT) incorporates the
majority of the projects found within the current CIP. One of the major projects, Hill
Carter Parkway, is complete. The other large project found within the Transportation
Facility portion of the CIP is the Route 1 widening project. A portion of this project is
complete. The next major transportation project with be the Rte. 1 and Rte. 54
intersection.

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 STAFF REPORT

To: Planning Commission, Town of Ashland, Virginia

From: Zack Robbins, Senior Planner
Date: February 17, 2010
Case No.: Ord. PL2010-01
RE: Ordinance Amendments

REQUEST:
The Public Works department has requested several minor ordinance amendments in order
to: (1) require the establishment of homeowners associations to ensure the long-term
maintenance of stormwater management facilities, (2) clarify between VDOT, Hanover
County, and Town of Ashland standards where the ordinance is currently vague, (3) require
bonds and letters of credit be issued from local banks, (4) clarify existing conflicting language
regarding curb, gutter, and sidewalk requirements, (5) several minor corrections to reflect
current practices and policies.

RECOMMENDATION:
Staff recommends that the Planning Commission consider and approve the following:

The Planning Commission recommends that the Town Council adopt Ordinance PL2010-01,
as presented.

www.town.ashland.va.us

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Planning Commission
Town of Ashland, Virginia Page 2 of 8

SUMMARY:

Long-term maintenance of stormwater management facilities within subdivisions. Currently,

a maintenance agreement is executed between the Town and subdividers, however, once a
subdivision is sold to individual lot owners, the Town may experience difficulty enforcing the
agreement 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 need
to 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 Attorney
must review such, and that the documents shall provide for the creation and continuation of
an HOA, as well as the ongoing maintenance of all common facilities, to include open spaces
and stormwater facilities. The ordinance further would state that the Town would have the
right to maintain any facilities and assess the homeowners should the HOA fail to ensure
maintenance of the facilities.

Clarification between VDOT, Town of Ashland, and Hanover County Construction Standards.
The Subdivision and Zoning Ordinances currently contain outdated references for
construction standards, for instance referring to the Town standards for utilities, for which
Hanover County is now responsible. Also, the ordinance does not clearly state which
standard 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 to
state 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 also
be corrected to refer to Hanover County.

Requiring bonds be issued from a local bank. Staff suggests revisions to the surety process
that 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 to
complete, 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 that
were made between five and ten years ago have provided conflicting direction as to whether
Town Council or staff can grant exceptions to curb, gutter, and sidewalks when in
conjunction 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 public
roads unless waived by Council, and the Town Engineer may waive curb and gutter when on
private property.

Other minor ordinance changes. Other minor changes are included in the proposed
ordinance 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.

February 17, 2010 Ordinance Amendments

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Planning Commission
Town of Ashland, Virginia Page 3 of 8

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

RECOMMENDATION:
Staff recommends that the Planning Commission consider and approve the following:

The Planning Commission recommends that the Town Council adopt Ordinance PL2010-01,
as presented.

February 17, 2010 Ordinance Amendments

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Planning Commission
Town of Ashland, Virginia Page 4 of 8

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 intersecting
private 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, and
Platting”, 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 precedence
over VDOT and/or Hanover County standards when there are conflicting requirements, (2) require that
institutions providing letters of credit and bonds to the Town provide a local physical location for
retrieval of funds, (3) clarification of curb, gutter, and sidewalk requirement language, and exception
procedures thereto, as conflicting language is included in the existing ordinance, and (4) set forth a
procedure to require a Homeowners Association (HOA) for new subdivisions, and provide minimum
standards 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 Section
16-10 “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 shall permit, at places where commercial establishment entrances
are desired to intersect roads or streets, or at places where private roads or driveways leading to or
from private homes intersect roads or streets, suitable connections from such points of intersection
over and across the shoulders and unimproved parts of such roads or streets to the paved or
otherwise improved parts thereof, so as to provide for the users of such entrances safe and
convenient means of ingress and egress with motor vehicles to and from the paved or otherwise
improved 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 at a cost of
fifteen forty dollars ($1540.00) and shall provide a surety 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 the Town. Letters of Credit or bonds may be issued
by out-of-area agents or banks, but must at all times maintain 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 expense and construct or have constructed the same,
including such safety structures as are required by the town, pursuant to Virginia Department of
Transportation standards.
(b) All entrances whether or not constructed under this section shall be maintained by the
owner of the premises at all times in a manner satisfactory to the town manager.
(c) Any person violating the provisions of this section shall be guilty of a class 4
misdemeanor. 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 period
shall constitute a separate and distinct offense and be punishable as such. Such person shall be civilly
liable 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.

February 17, 2010 Ordinance Amendments

43
Planning Commission
Town of Ashland, Virginia Page 5 of 8

Prior to executing and/or recording any and all covenants and/or documents creating a property or
homeowner’s association, all such documents shall be submitted to the town attorney for review and
approval prior to any approvals for development within the project. The documents shall, at a
minimum, provide for the creation and continuation of a property owners' association; provide for the
ongoing maintenance of individual sites, common areas, open spaces, stormwater management
facilities, 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 to
maintain and repair any and all storm water management facilities in good order, as determined by the
Town, if the property owners’ association fails to do so in a timely manner. The Town shall be given
the same rights as the property or homeowners’ association in assessing the owners of all lots for
expenses 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 and
requirements set forth in the Virginia Department of Highways and Transportation Road and Bridge
Standards, 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. The
subdivider shall abide by all standards, specifications, regulations and guidelines of the Virginia
Department of Transportation (VDOT) relating to road construction and related improvements, as well
as 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 all
amendments thereto, insofar as they are not inconsistent with any other requirement(s) that are in
writing and approved by the Town. All requirements of Hanover County related to water and sewer, as
well as all amendments thereto, are also hereby incorporated by reference. The subdivider's bond
shall not be released until construction, in conformance with the requirements of this section, has been
inspected and approved by the agent or 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, a
surety 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 total
cost of the improvements as determined approved by the agent Town. Such bond or check a certified
check, cash escrow, letter of credit or bond shall guarantee that the improvements will be installed in
accordance with town design standards within a designated reasonable length of time in a manner
acceptable to the agent Town, and the form of such a certified check, cash escrow, letter of credit or
bond shall be approved by the Town Attorney. The bond Documentation of the surety shall
accompany 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 of
Ashland, 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 and
approved by the agent or his authorized representative.
(b) Maintenance bond. The subdivider shall be required to file a maintenance bond with
the 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 one
year after the date of their acceptance by the 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 land
surveyor and shall be submitted following approval of the preliminary plat to the 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; if
disapproved, the subdivider will be notified of the reason for disapproval.

February 17, 2010 Ordinance Amendments

44
Planning Commission
Town of Ashland, Virginia Page 6 of 8

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 be
amended 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 for
in a site plan followed in accordance with the standards, specifications, regulations and guidelines of
the Virginia Department of Transportation (VDOT) in each site plan. All VDOT standards,
specifications, regulations, and guidelines are hereby incorporated by reference, as well as all
amendments thereto, insofar as they are not inconsistent with any other requirement(s) that are in
writing and approved by the Town:

(a) All street and highway construction standards and geometric design standards shall
be 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 permit
vehicular travel on the site and to and from adjacent property and parking areas shall be not less than
twenty-two (22) feet in width.

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

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

(e) Minimum utility drainage easement width shall be twenty (20) feet unless specifically
reduced as specified by the zoning administrator Director of Public Works. Where multiple structures
or 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 enable
tenants to walk safely and conveniently from one building to another within the site and adjacent sites
and along all public roads except single-family residential properties on dead-end roads or those
zoned RR-1 (Rural Residential). The sidewalks and pedestrian trails shall be installed in accordance
with the sidewalk and pedestrian trail standards set forth in guidelines in the Development Guideline
Handbook. The town council may waive this requirement only for conditions determined to be unique
within the zoning district in which the property is located.
Unless waived by the town council, a pedestrian trail or trails, as required by the town
manager, shall be constructed to provide residents and users of the development an opportunity to
access adjoining roads, public facilities, or nearby commercial or industrial destinations without having
to drive. Such trails shall be constructed by the developer and dedicated to the town unless waived by
town council.

(1) Sidewalks required on-site. Sidewalks and/or trails shall be required to enable
pedestrians to walk safely and conveniently from one building to another within the site, to adjoining
roads, public facilities, or nearby commercial or industrial destinations.
(2) Sidewalks required along adjacent streets. Sidewalks and/or trails shall be required to
be 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 constraints
require encroachment onto private property. In the event that an encroachment is necessary, a
pedestrian access easement to the Town will be required.
(3) Waiver to sidewalk requirements. The Town Council may waive the requirement for
sidewalks and trails when it is determined that a site is very remote from the existing sidewalk network,

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Town of Ashland, Virginia Page 7 of 8

and there are no plans by the Town to construct sidewalk across the frontage of the property. Any
such 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 vehicular
circulation 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 due
to drainage or other engineering considerations. Other curb and gutter requirements shall be in
accordance with section 17-35.1 of the subdivision ordinance. Any such waiver shall be documented
by the town manager.

(1) Curb and gutter required on-site. Curb and gutter shall be installed around all parking
and loading areas, as well as all access lanes thereto.
(2) Curb and gutter required along adjacent streets. Curb and gutter shall be required to
be 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 gutter
requirements based upon drainage or other engineering considerations. The Town Manager may
waive the requirement for on-site curb and gutter as required in (1) above. The Town Council may
waive 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 made
to walkways in adjacent developments, and public sidewalks.
2. Curb and gutter shall be installed around all medians that separate travel lanes and/or
offstreet parking areas from existing streets, off-street parking and loading areas, to manage storm
drainage, to channelize traffic, protect buildings and landscaping areas, and separate pedestrian and
vehicular circulation areas.
3. An exception to the requirement for sidewalks, curb and gutter may be granted by the
town council based on clear engineering conditions and good zoning practice. No exception shall be
granted 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 zoning
administrator Town in the amount of ten (10) percent of the estimated cost of improvements to be
maintained by the town. Such bond shall be in a form satisfactory to the town and be for a period of
one year after the date of the acceptance of such improvements by the director of public works.
Letters of Credit or bonds may be issues 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 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 administrator
verifies that all improvements required by the approved site plan and landscape plan are completed,
provided that in any case where lack of compliance with such plans is of a temporary 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 may be issued upon verification by the
zoning administrator that security in the form of a cash or surety bond or letter of credit surety has
been provided in a manner and amount satisfactory to guarantee the cost of completing such
improvements. Surety may be in the form of a certified check, cash escrow, letter of credit, or bond
payable to the treasurer of the Town. 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
of Ashland, Hanover County, City of Richmond, or Henrico County, Virginia. Such temporary
certificate of use and occupancy shall specify the incomplete improvements and the period of time
within which they are to be provided.

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Town of Ashland, Virginia Page 8 of 8

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

Introduced: January 19, 2010

Advertised: Planning Commission:

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

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

Adopted:
Effective:

February 17, 2010 Ordinance Amendments

47
 STAFF REPORT

To: Planning Commission, Town of Ashland, Virginia

From: Zack Robbins, Senior Planner
Date: February 17, 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, the
applicant is seeking relief to the requirement that all lots front upon public streets.

RECOMMENDATION:
Staff recommends that the Planning Commission consider and approve the following:

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 open
space (parking and streets), to prove that the minimum open space area of 50% is
met.
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 request
for exception to Sec. 17-37.

www.town.ashland.va.us

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Town of Ashland, Virginia Page 2 of 10

BACKGROUND:
Existing Zoning R-5, Residential Multi-family
Location Between Cottage Greene Dr. & N. Hill Carter Pkwy.
Size 8.724 acres
Existing Land Use Cottage Greene Condominiums (under construction)
North: M-1 & R-5. Vacant & Apartments.
Surrounding Land East: B-2. Truck Stop
Use and Zoning South: B-2 & R-5. Hotels & Condominiums
West: PSC. Shopping Center
The Plan states that this property is appropriate for High Density
Comprehensive Plan
Residential (7.1 to 10 units)

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

Subsequently, the applicant began to develop the property as a condominium for sale
project, which would not create new parcel lines, as the street frontage requirement would be
met 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 Federal
Housing Administration (FHA) mortgages in condominium projects, which restricted the total
number of federally-backed loans within condominium projects to no more than 50%. This
number is scheduled to decrease to 30% at the end of 2010. Over 80% of the existing units
constructed had been financed through the FHA, their project essentially cannot sell any
more units under FHA loans. The project is marketed toward buyers who typically would
need an FHA loan.

The regulation does not apply to townhouses, only condominiums; therefore the applicant
has 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 configuration
of the ownership of the footprint of the unit would change. Also, maintenance of outdoor
areas would not be affected.

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

CONSIDERATIONS:

Staff has reviewed the applicant’s most recent submittal, received by the Town on February
2, 2010, and finds the subdivision meets all dimensional requirements of the Zoning and
Subdivision Ordinances. Staff has concerns relative to other aspects of the subdivision
proposal, as reflected within the recommendation.

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

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Cottage Greene

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Alternately, the
applicant proposed
reducing the footprint
of the townhouse lots
to just the footprint of
each townhouse unit,
to also include the
patio space and shed
in the rear. The issue
with this is that the
Initial submittal, showing each Second submittal, showing townhouse
townhouse lot meeting setback lots with no internal setback, open rear and side
requirements, however, this affects the space requirement is almost met. setbacks for lots is
open space requirements.
not met, if it is
interpreted that townhouse lots are required to meet setbacks, however staff does not
believe it is the intent of the ordinance for townhouses to have any more stringent standard
than condominiums or apartments. If setbacks were to be imposed within each townhouse
lot, the number of units would be greatly reduced, making it far more attractive to develop
any property within the R-5 district as condominiums or apartments.

Staff believes that the regulations within this district were drafted without the forethought to
include specified setbacks for townhouses, or language to consider open spaces within
townhouse 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 interprets
the 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 zoning
district in the Town, Arlington Square, which was constructed and subdivided in the same
manner: (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 required
amount of open space by just 0.004 acres (184 square feet), and could be corrected by
adjusting certain lot lines.

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

Each lot shall abut on an existing or proposed dedicated public street or on a street
which 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 practical

difficulties may result from strict compliance with a provision of this chapter and/or the
purposes of these regulations may be served to a greater extent by an alternative
proposal, the commission may recommend approval to the town council [of]
exceptions to these subdivision regulations so that substantial justice may be done
and the public interest secured, provided that such exception(s) shall not have the
effect of nullifying the intent and purpose of these regulations. The planning

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Town of Ashland, Virginia Page 4 of 10

commission shall not recommend exceptions unless it shall make findings based
upon the evidence presented to it in each specific case that:
(1) The granting of the exception will not be detrimental to the public
safety, health or welfare or injurious to other property; and
(2) Because (of] the particular physical surroundings, shape or
topographical conditions of the specific property involved, a particular
hardship to the owner would result if the strict letter of these
regulations are carried out; and
(3) The exception(s) will not in any manner vary the provisions of the
zoning ordinance, comprehensive plan or official zoning map.
In recommending exceptions, the planning commission may recommend such
conditions as will, in its judgment, secure substantially the objectives of the standards
or requirements of this chapter.

The applicant has submitted a letter (see attached) stating several reasons in support of this
request. Staff believes that the exception request meets the requirements for granting an
exception, 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 (See
Background), however the FHA regulation was not in place at the onset of the project.

The applicant’s alternatives would be to market the remainder of the development as a

higher end product that would not be as dependent upon FHA loans, however this would be
extremely difficult since the market has been established for this project, and also given that
most of the remaining units abut commercial properties (a truck stop and a motel). The other
alternative would be for the developer to complete the construction of the units and rent as
apartments. Staff has attached a fact sheet regarding the new FHA regulations.

RECOMMENDATION:
Staff recommends that the Planning Commission consider and approve the following:

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 open
space (parking and streets), to prove that the minimum open space area of 50% is
met.
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 request
for exception to Sec. 17-37.

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Cottage Greene

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SUB10-0111 February 17, 2010

Cottage Greene

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 ACTIONS, PRESENTATIONS, DISCUSSION, REMINDERS AND ITEMS
TO BE FOLLOWED UP ON BY STAFF, AND COUNCIL FROM THE TOWN
COUNCIL MEETING ON JANUARY 19, 2010

PRESENTATIONS

• Presentation to the Ashland Police Dept by Hanover County Fire Chief, Fred Crosby.
In this presentation, Chief Crosby recognized the police officers who responded to an
emergency where lives were saved on December31. Those officers are as follows:
Officer Dave Marcussen and Officer Andy Kain responded to an address where a 19-
year old female was in cardiac arrest. CPR was performed until Fire and EMS
arrived on the scene. The patient was resuscitated successfully and is alive today.
Officer Marcussen and Officer Kain were presented with certificates.

Later that day, Officer Marcussen and Sergeant Scott Menzies responded to a call at
a local restaurant for another cardiac arrest and applied the Automatic External
Defribrilator; after two shocks and CPR, the subject left the scene with a pulse. The
subject was admitted to the hospital, awake and talking. Officer Marcussen and
Sergeant Menzies were presented with a certificate.

Chief Crosby continued that two weeks prior, three of the Ashland police officers
responded to a fire on Henry Clay Road before the fire department arrived on the
scene. When the officers arrived two of victims were out of the building, but one was
still inside. The officers borrowed a neighbor’s ladder and attempted to rescue the
person from the second floor. The officers had the person partially out of the window
when he succumbed to the smoke inhalation and fell backwards into the room.
Smoke conditions prevented the officers from entering the building without any
protective clothing or equipment. When the fire department arrived, the officers were
able to tell the firemen where the person was and lead them to the person. The
person was successfully rescued from the building. He is alive as of this date. Those
three officers to be recognized are: Officer Danny Gray, Officer Grant Bonastalli and
Sergeant Ethan Hicks. The officers were presented with certificates. (Officer Gray
was absent for the presentation.)

Chief Crosby thanked the police department for their assistance in saving lives.

Mayor Prichard also thanked the police department and stated Council is very proud
of the department.

• PROCLAMATION for Black History Month (February) was read by Mayor Prichard

• CITIZEN APPRECIATION: Mayor Prichard explained that Council was beginning a

new program whereby a citizen, organization or business would be recognized each
month for their outstanding contributions to the community. The first recipient of the
recognition was Lorie Foley for her volunteer efforts in so many areas of the Town’s
events, including the Town Hound newsletter, Ashland 150th Celebration and
Leadership Team, Ashland Musical Variety Show, Children’s Musical Theatre Camp,
Local PTAs, Arts Council of Richmond and the Virginia Chapter of the Arthritis
Foundation. In addition, Lorie was the organizer for delivering food to the police and
fire departments during the holidays.

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PUBLIC HEARINGS

• CONTINUED THE PUBLIC HEARING TO March 2, 2010 for the following request:
REZ09-0507 & CUP09-0507 Ashland Properties, LLC requests: (1.) Rezoning from PSC
(Planned Shopping Center), RR-1 (Rural Residential), R-2 (Residential, Limited), and R-4
(Residential Medium-High) Districts to M-1 (Limited Industrial), PSC (Planned Shopping
Center), and PUD (Planned Unit Development) Districts, on +/- 129.5 acres. The subject
property fronts: the east side of I-95, +/-1000’ south of the VA 54 overpass for +/-2200’; the
west side of Mt. Hermon Rd. +/-1300’ south of VA 54 for +/-1350’; the east side of Mt.
Hermon Rd. +/-900’ south of VA 54 for +/-1800’, and; the south side of VA 54 +/-800’ east of
Mt. Hermon Road for +/-1600’. These properties are identified as GPINs 7789-49-6983,
7880-41-5325 (pt.), -50-1680, -6302, -60-4701 (pt.), -61-4768, -6987, -7681, -62-1235 (pt.), -
4453, and -72-0523. (2.) A Conditional Use Permit to allow a shopping center in excess of
200,000 square feet, and retail businesses in excess of 50,000 square feet, in accordance
with Sec. 21-173 of the Town Code, on the properties identified for rezoning to PSC as stated
in Request #1 above.

• CONTINUED THE PUBLIC HEARING TO March 2, 2010 Ord. PL2009-09 is an ordinance to

amend The Code of the Town of Ashland, Chapter 21, Zoning, Article XVI, Planned
Developments to amend setback requirements along the periphery of all Planned
Development districts.

ACTION ITEMS

• APPROVED – Referral of various ordinance amendments to the Planning

Commission

• APPROVED –Minutes of November 17 and December 1, 2009

• APPROVED – Invoice to Robinson, Farmer, Cox Associates for $17,600.00 for the
audit services for fiscal year ended June 30, 2009

DISCUSSION

Second quarter Financial Update (no action by Council was required)

Recreational Grant Program Discussion: Consensus of Council that the $2,500. remain
as is in the budget and not to solicit any groups to fund.

FOLLOW UP and REMINDERS

Town Council – appointments to fill vacancies on the EDA and BZA

Terri – for February – suggest individual, business or organization to recognize for

their/its contribution to the community

Charles – joint work session of Council and Planning Commission

We Were There: History through the Arts at Blackwell Auditorium on February 5 and 6
at 7:00pm

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