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AGENDA

ASHLAND TOWN COUNCIL


March 16, 2010 – 7:00 p.m.

OPENING

Invocation The Reverend Bob Blinn, Duncan Memorial Methodist Church


Pledge of Allegiance
Adoption of Agenda
Announcement 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: Review


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.* (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 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”. (Ms. Amos)……………………………………………………………………..Page 1

ACTION AGENDA

1. Resolution to accept right-of-way: Washington Highway – Clayton ……………..Page 9


Homes (Ms. Amos)
2. Cottage Greene Subdivision: Preliminary plat (Ms. Amos)………………………..Page 12
3. Invoices…………………………………………………………………………………...Page 22
4. Minutes* Work Session February 23, 2010; January 5, 2010 regular meeting
DISCUSSION

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

NEW BUSINESS

Mayor’s Report
Council Members’ Reports
Committee Reports
Appointments
EDA (2)

MANAGEMENT REPORTS

Town Manager……………………………………………………………………………..Page 24
Police Department…………………………………………………………………………Page 25
Public Works ………………………………………………………………………………..Page 37
Planning and Community Development………………………………………………..Page 42
Treasurer……………………………………………………………………………………..Page 45

FOR YOUR INFORMATION

ADJOURNMENT

*No attached material


SCHEDULE 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 work session* March 16 5:30 pm
Town Council March 16 7:00 pm
Town Council work session* March 22 6:00 pm
Ashland Main Street Assoc. March 24 5:30 pm
EDA March 25 6:30 pm

April 2010

Town Council April 6, 7:00 pm


Planning 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
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 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:
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 not
yet been codified. The attached, revised ordinance now includes that ordinance
language.)

Staff concurs with the Planning Commission’s recommendation.

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

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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.

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• 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:
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 not
yet been codified. The attached, revised ordinance now includes that ordinance
language.)

Staff concurs with the Planning Commission’s 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 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 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 Town Manager
at a cost in accordance with the fee schedule established by the Town Council 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 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.

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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 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 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 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.

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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 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 for two-way traffic.

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

(d) A parking bay shall be paved in accordance with the requirements of the director of
public works 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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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
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
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 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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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: February 25, 2010 and March 4, 2010

Public Hearing:
Planning Commission: February 17, 2010
Town 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

MOTION 

APPROVE: I move to approve the resolution as presented to accept two 15‐foot strips of land along 
Route 1. 

DENY:  I move to deny the resolution as presented. 

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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, the
applicant 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 and
exceptions to Sec. 17-37, subject to the conditions on page 4 of this report.

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

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

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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%.

SUB10-0111 March 16, 2010


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

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.

Staff concurs with the Planning Commissions recommendations.

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Cottage Greene 21
ACTION AGENDA
Item #3

Invoices

FOR COUNCIL APPROVAL

1. Central Virginia Waste Management Authority $63,407.73


Residential refuse collection for April, May, June

FOR COUNCIL INFORMATION

1. Central Virginia Waste Management Authority $4,339.33


Curbside recycling for April, May, June

2. PAPCO $4,322.95
2052 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.

3-16-2010 22
DISCUSSION

Item 1 –Erosion and Sediment Control Ordinance - Revision

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

The changes primarily affect the penalties and process for failure to adhere to an
approved plan or respond to Town inspections. The proposed changes will effectively
make the Town’s ordinance similar to Hanover County’s ordinance.

It is requested that Council authorize advertising this ordinance revision for a public
hearing 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.

23
Town Manager’s Report
March 2010
Projects/Updates: 

• We are waiting for the final decision from the General Assembly conferees as to the fate of the 
state budget and also our own.   
• Staff will present a draft budget FY 11 to Council at the April 6 Town Council meeting. 
• Town Staff is working with the Economic Development Authority and other organizations on the 
Economic Development Strategy. 
• The Town Staff  continues to work with Hanover County and other Richmond Region local 
governments on preparations for the Civil War Sesquicentennial from 2011‐2015. 
• The Strawberry Faire Committee is still seeking new volunteers for 2010 so that those who have 
served loyally for the last 28 years can “retire”.

REMINDERS:

March 16, 5:30 PM – Council Budget Work Session, Part 2 

March 22, 6:00 PM – Council work Session,  East Ashland development 

March 23, 5:30 PM ‐ Hanover Legislative Reception – Times Dispatch, Atlee Station 

March 26 & 27, 7:00 PM – Black History Event: “We Were There: History through the Arts”– Blackwell 
Auditorium at RMC. 

CWH 

3/11/10 

24
Ashland Police Department

February 2010

Monthly Report
25
INTRODUCTION

The monthly report is intended to serve as an overview of the Ashland


Police Department’s effort to combat crime within the Town of Ashland. The
report contains information about the number of criminal offenses during the
month of February 2010 and the activities undertaken by the Police Department
to 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. The
information 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 been
cleared which gives our department a monthly clearance rate of 51.4%. Our
overall clearance rate for all crimes is 75.6%.

26
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
Responded to 222 calls for service.
Made 8 criminal arrests.
Completed over 132 park, walk and talk activities.
Completed 24 police reports.
Issued 86 summons and 109 warnings.
Completed 67 property checks.
Completed 2 adopt-a-senior visits.

Midnight Shift
Responded to 100 calls for service.
Made 12 criminal arrests.
Made 1 DUI arrest.
Completed over 97 park, walk and talk activities.
Completed 14 police reports.
Issued 51 summons and 80 warnings.
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 talk
activities 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 47
community contacts.

27
Investigations:
Twelve cases were assigned, eleven were closed with arrests, and one was
made inactive.
Six petitions were obtained from a brandishing case that stemmed from a
breaking and entering from the previous month.
A case involving a counterfeit check was found to be part of an interstate
crime 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 through
surveillance. The search warrant led to two arrests for possession of
marijuana.
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 schedule
II 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 without
incident.
Investigations assisted in a mini vehicle checkpoint in which an investigator
made an arrest for providing alcohol to a person under 21 and three other
counts of possession of alcohol.

Community Policing
A neighborhood watch meeting was conducted in Sedgefield with Chief
Goodman in attendance. Another watch meeting was held in Ashland Town
Square.
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 for
the town. 39 businesses have been visited during this month.

Training
The agency’s supervisors conducted training on Sexual Harassment through
Virginia Municipal League’s 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.

28
Highlights
On February 12, 2010, officers conducted a traffic stop on a vehicle for a
speeding violation. After making contact with the driver, a smell of burnt
marijuana was detected emanating from the passenger compartment. Upon
further investigation officers discovered marijuana and smoking devices and
subsequently charged the passengers with possession of marijuana.
On February 13, 2010, officers a subject walk between two vehicles and duck
out of view. They made contact with the female subject and discovered that
she was intoxicated and became uncooperative with officers, refusing to
provide her name, age or produce any identification. Another student helped
identify the female, and it was discovered that she was also only 19 years of
age. The female was arrested and charged with urinating in public, public
intoxication, 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 children
in front of 222 Randolph Street. Officers obtained ten warrants (4- child
endangerment, 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 street
sign. After searching the juveniles, officers recovered numerous items that
had been stolen from a local business.
On February 28, 2010, officers were conducting a welfare check on a
resident, and while there, discovered that the resident had just suffered a
stroke. Officers rendered first aid and acquired medical assistance for the
patient.
On February 27, 2010, officers observed a vehicle with defective equipment
and 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 driver’s seat. The rest of the weapon was concealed and the
driver did not have a concealed weapons permit. Officers calmly removed
the driver from the vehicle and detained him for further questioning. During
the course of the investigation, a large quantity of marijuana was found on the
driver and he admitted to selling the substance. It was also discovered that he
was a convicted felon. The driver was charged with carry a concealed
weapon, felon in possession of a firearm, and distribution of marijuana.

29
30
31
32
33
34
35
36
DEPARTMENT OF PUBLIC WORKS
MANAGEMENT REPORT
February 2010

PERSONNEL

The Public Works department has 25 authorized positions. Two equipment operator positions
became 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 are
frozen 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 Town
property, including the parks and Town buildings. Crew activities primarily included the
following: Clean up, painting and miscellaneous repairs at old fire station; misc. work around
Town Hall; helped with staff moves to/within Town Hall; worked with Street crew on snow
removal. 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 major
storms last month.
37
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: 15
New right of way permits: 1
Erosion control inspection sites: 20 (82 site inspections this month)
Dept. Computer service/maint: 12(17hours)
Site plan review 16hours
CADD work 65 hours

-Inspect and review work at development sites: Woodside Estates subdivision and offsite
utilities, Cottage Green Condominiums, several single family lots, Carter’s Hill
subdivision, Route 1 waterline, Chenault Veterinary, Logan’s Run, YMCA Phase II,
Smith Street relocation (by RMC), Wesley St. sewer line.

- Administrative involvement with site plan issues and corresponding maintenance


agreements, easement documents, building permits, etc.

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

- Visitor’s 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 department’s annual budget.

Project Activity/Status

1. Sidewalk Improvement Program

• Continuing to work on details to apply for Safe Route to School grant program for
construction funds for several sidewalks as discussed with Council at
worksession 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. VDOT
approved the School Travel Plan. The grant application was submitted December
28, 2009.
• Prepare cost estimate for N. Center Street trail/sidewalk for CIP.

2. Drainage

• Mapping of entire drainage system: Field work and drawing preparation is


progressing.
• Downtown drainage – west side of railroad:
38
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 was
found 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
• Mechump’s 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 be
on-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 VDOT
is attached.

39
Virginia Department of Transportation
Richmond District
2430 Pine Forest Drive Project Management Office
Colonial Heights, VA 23834

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 Engineer
on 2/3/2010.

• Traffic Engineering has completed their initial review of storage lengths.


Additional information has been requested to determine whether the data
supports the proposed SB turn lane.

Project Schedule
Major Milestones
Milestone/Approval Date

PFI Meeting 5/12/2010


PH Date 01/06/2011
Design Approval 03/03/2011
FI Meeting 9/14/2011
RW NTP 2/13/2012
PAC Meeting 12/12/2012
Advertisement 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 will
suffice, 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 - $356,798


40
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

41
Town of Ashland

February 2010 Management Report

Total This
February February Year To Point Last
2010 2009 Date Total 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 7
Sign Permits 1 2 4 4
Business License review 2 2 2 4

42
UPCOMING MEETINGS:

Town Council

March 2, 2010

• East Ashland Rezoning and Conditional Use Permit requests.


• Ordinance PL2009-09 Setbacks in Planned Developments

March 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
• Carter’s Hill, Section 2 – Rezoning from RR-1 & R-1 to R-2, preliminary subdivision plat
approval 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.

43 2
DEVELOPMENT PLANS:

Plans under review

• Ashland Towne Square Parking Lot – Drainage improvements


• Carter’s 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

44 3
TREASURER’S
Management Report
February 2010

PRIOR YEARS TAX RECEIVABLES


RE Taxes PP Taxes

Balance Outstanding $ 12,865.88 $ 17,839.88


Plus Supplementals $ -0- $ -0-
Less Abatements $ -0- $ -0-
Less Collections Current Month $ 443.50 $ 345.95

Balance Outstanding $ 12,422.38 $ 17,493.93

OTHER DELINQUENT RECEIVABLES

Meals Tax 7 restaurant(s) estimated at $ 7,324.00


Business Licenses 26 businesses with estimated tax of $2,154.00

GENERAL FUND
CASH BALANCE, UNAPPROPRIATED FUND BALANCE
2009-2010

Actual Estimated Fiscal Estimated


Cash Balance Year Beginning Budgeted Fiscal Year Ending
End of Month Fund Balance Current Year Fund Balance

$3,822,588 $ 4,310,763 $ 335,461 $ 3,975,302

Received 3 returned checks from bank for insufficient funds for month of February.

\agenda\treas.rpt 45