HomeMy WebLinkAboutSUB201800145 Review Comments Final Plat 2019-04-16AL
tIRCl, X
County of Albemarle
Department of Community Development
Memorandum
To:
Troy Wade
From:
Paty Saternye- Senior Planner
Division:
Planning Services
Date:
October 24, 2018
Rev. 1: January 25, 2019
Rev. 1: UPDATE: January 28, 2019
Rev. 2: February 5, 2019
Rev. 2: UPDATE: February 15, 2019
Rev. 3: March 4, 2019
Rev. 4: April 16, 2019
Subject:
SUB-2018-145 Barracks Farm Subdivision Plat
The County of Albemarle Planning Division will grant or recommend approval of the Final Plat
referenced above once the following comments have been addressed: [Each comment is
preceded by the applicable reference, which is to the Subdivision/Zoning Ordinances unless
otherwise specified.]
[14-302 (A)(3), (4), (6) & 14-303 (E)] Private Easements; Alleys and shared driveways;
Dimension standards and information on all lots, streets, alleys, easements, and shared
driveways; Existing or platted streets. The existing "40' Right of Way Easement has
been accepted as a private street in previous subdivision plats. However, the following
must be addressed:
b) & g) Rev. 2 UPDATE:...
Rev. 3: Comment not yet addressed. Provide 1 or 2 maintenance agreement(s) that
specifies that the streets from the VDOT right of way to 150' beyond the start of the
proposed parcel meet the standards specified. Please refer to the attached template
maintenance agreement and checklist. The template was updated by the County on
3/1/2019. The older template can be utilized, but additional revisions may be required if it
is.
Rev. 4: The first submission of the maintenance agreement was received.
A revised version of the document has been attached to this set of comments.
Have this version of the document signed and notarized, and a copy provided to
the planning reviewer, or provide information/documentation as to why any of the
revisions made by the County are not correct. If current ownership of the lots is
not as it is shown on the County GIS provide documentation of the transfer.
Please note the following:
i. The revisions to the plat (see below) must be made, and the revision date
determined, prior to execution of this legal document.
ii. The blanks in the document must be correctly filled in prior to signing.
iii. Since Troy Wade and Marianna Bishop Wade are not current owners of the
properties they have been removed from the document. Once ownership of
Parcel 22D is transferred to them then they will be party to the agreement by
ownership of the new parcel.
iv. "Parcel 22D" is not vet a parcel and therefore cannot be referred to at 144-
22D" or "TMP 44-22D". In the attached revised agreement it is now referred to
as it is shown on the plat, "Parcel 22D".
v. Addresses for the owners, as shown on the County GIS, are different and have
been updated in the agreement. If the County GIS system does not have the
correct addressed for the current owners please provide that information.
A. The description of the portion of the portion of the existing roads that is party
to this agreement has been moved closer to the beginning of the agreement.
vii. The description of the road has been expanded in the document to clarify what
Engineering has stated is the minimum requirements.
viii. Language has been added to specify that there are existing maintenance
agreements that will stay in effect for the remainder of the existing streets.
ix. These changes have already been made to the attached document. No further
revision is required unless the applicant finds an error. If any change is made
to the document by the applicant, beyond what has been revised by the County
Attorney's office and attached to these comments, the additionally revised
document should be forwarded to the planning reviewer for review prior to
execution.
x. This maintenance agreement, once fully executed, must be recorded with the
plat once the plat is approved by the County.
c), d) & f) Rev. 2 UPDATE: This is a combined comment from Rev. 2: 215119. See the
215119 comments for more detail. Revise the plat so that the proposed roadway widths
are provided in the portion of the private street from the VDOT right of way to 150'
beyond the start of the proposed parcel. These dimensions must meet the standards
specified by engineering and mentioned above.
Rev. 3: Comment not yet addressed. See the attached markup for changes to make to
the plat.
Rev. 4: Revise the plat to address the following two issues. See the
attached marked up of the plat showning where the revisions should
be made:
L There is a typographical error in the label for the right of way within
Tax Map 44-27D. The correct Deed Book and Page Number is "DB
213, PG 336" and not "DB 231, PG 336".
ii. Revise the label for the portion of the street that the has been
improved, and will be subject to the new Maintenance Agreement, to
match that now shown in the version of the Maintenance Agreement
attached to these documents. The label should be "Private Street (20'
Minimum Roadway Width to 150' Beyond Start of Parcel 22D)" instead
of "20' Minimum Roadway Width to 150' Beyond Start of Parcel 22D —
See Note #15".
13. [14-302 (13)(1)] General Information. When revising the plat include a date of last revision
on the plat. This date should be updated prior to each resubmission.
Rev. 1: Comment still valid. Address this comment after making the two other specified
change below.
Rev. 2: Comment not fully addressed. Address this comment after making the two other
specified change below.
Rev. 2 UPDATE: Comment not fully addressed. Address this comment after addressing
the other plat specific comments.
Rev. 3: Comment not fully addressed. Revise the plat include a date of last revision on
the plat for these changes.
Rev. 4: Comment not fully addressed. Revise the plat include a date of last
revision on the plat for these changes.
15. [Comment] See the attached comments from the other reviewers.
Rev. 1: See the attached comments from the other reviewers.
Rev. 2: Comment not fully addressed. See the attached comments from the other
reviewers.
Rev. 2 UPDATE: Comment not fully addressed. See the attached comments from the
other reviewers.
Rev. 3: Comment not fully addressed. See and address the attached remaining
engineering comments.
Rev. 4: Comment addressed. See attached engineering's comments including "No
Objection".
16. Rev. 2 UPDATE: As previously specified by engineering, the private street must be built
or bonded prior to approval of this subdivision plat.
Rev. 3: Comment not fully addressed. The private street must be built or bonded prior to
approval of this subdivision plat.
Rev. 4: Comment addressed. See attached engineering's comments including "No
Objection".
Please contact Paty Saternye at the Department of Community Development 296-5832 ext. 3250
for further information.
Review Comments for SUB201800145 No Sub -Application Type Selected
Project Name: BARRACKS FARM
Date Completed: Wednesday, March 13, 2019 Department/DivisiordAgency: Review Status:
Reviewer: Jahn Anderson
CDD Enaineerina 0 No Objection
Engineering relies upon a technical design document titled AASHTO Guidelines for Geometric Design of Very Low -Volume
Local Roads (ADT = 400). This document is basis of Engineering review of a 2-lot subdivision (plat) of Tax Map 44-22,
prepared by Lake Anna Land Surveys. As such, Engineering recommends that the MINIMUM STANDARD section of the
Private Improvement Maintenance Declaration first sentence be replaced with the following (or similar): 'The Street shall be
maintained in perpetuity to a standard that, at a minimum, ensures that it will remain in substantially the same condition it was
in when Plat was approved by the county_ Plat indicates, via illustration, labels; and notes, the Street condition on date of Plat
approval. The Plat provides a definition for roadway width, and indicates length over which roadway (minimum) width standard
applies. The roadway width shall be defined as travelway width plus shoulder width_ Travelway width shall be a minimum of
fourteen feet (14') wide with a base of gravel or a superior surface as agreed to in the future via supplemental declaration.' If
the first sentence of Minimum Standard is not revised, Applicant runs risks of accepting a higher minimum standard, relative to
roadway width and length over which minimum width standard applies, than is strictly necessary.
Apart from recommended edit change to the Declaration, provided required improvements detailed in prior Engineering plat
review comments are built, reviewed, and accepted by Albemarle County as meeting AASHTO design guidelines; then
Engineering has no objection to this 2-lot subdivision.
Engineering requests 24-hour notification prior to construction of improvements, and notification of date improvements are
ready for Engineering visual inspection."
Update, aanderson2 411612019 9:31 Alva
While previous 3f1319 comments are informative, after 4115 meeting with CountyAttorney's Office, Engineering defers to
CAO guidance on recommended specific language for plat and Private hmprovement Maintenance Declaration, which should
reflect a travemcsiv —,inimurn width over a specific section of road. Improvements were constructed to required standards over
required section of roar+ nr Wlr-110 and photographs document Engineering needs are met; relative to recommending
approval At this paint, deferring to GAO recommendations and Planning guidance to Applicant on Pvt. improvement
Maintenance Declaration text edits (and possible plat revisions), Engineering has no abjection to the proposed 2-lot subdivision
(plat).
Page: 1 County of Albemarle Printed On: 04I1612019
Prepared by R. T. Williams, III, Esq., VSB# 84691
Albemarle County Parcel ID # 44-22 and #44-22B
PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
(hereinafter, the "Declaration") is made this of , 2019, by BARRACKS
FARM, LLC, a Virginia Limited Liability Company, whose address is 518 Barracks Farm
Road, Charlottesville, Virginia 22901; and MARIA BISHOP SHANNON, whose address
is 516 Barracks Farm Road, Charlottesville, Virginia 22901 (collectively hereinafter, the
"Declarants").
WHEREAS, the Declarants are the owners of the parcels of land known as
Albemarle County Tax Map 44-22 and Tax Map 44-22B; and
WHEREAS, Albemarle County Tax Map 44-22 is being subdivided into Parcel
22D and Tax Map 44-22 (Residue), as shown and described on a plat by John Carroll of
Lake Anna Land Surveys, dated August 21, 2018 and last revised , a copy of
which is attached hereto and incorporated herein by reference (hereinafter, the "Plat"); and
WHEREAS, in addition to the existing right-of-way established at Albemarle Deed
Book 213, page 336 and the existing private street established at Albemarle Deed Book
3564, page 9, the Declarants herein wish to establish a new private street (hereinafter, the
"Street"), shown on the Plat as "Private Street (20' Minimum Roadway Width to 150'
Beyond Start of Parcel 22D)", for the use and benefit of Tax Map 44-22 (Residue), Tax
Map 44-22B and Parcel 22D, all as shown on the Plat.
NOW, THEREFORE, for and in consideration of the premises and the undertakings
contained herein, the Declarants hereby impose the following obligations upon Tax Map
44-22, Tax Map 44-22B and Parcel 22D:
MINIMUM STANDARD: The Street shall be maintained in perpetuity to a standard
that, at a minimum, ensures that it will remain in substantially the same condition it
was in when Plat was approved by the county: twenty feet (20') wide with a minimum
fourteen -feet (14', wide base of gravel or a superior surface as agreed to in the future
via supplemental declaration. The travelway shall at all times be maintained so that it
is safe and convenient for passenger automobiles and emergency vehicles at all times
except in severe temporary weather conditions. The portions of the existing private
streets that are not part of this maintenance agreement will be maintained in perpetuity
as specified in the existing maintenance agreement(s).
2. DEFINITIONS: For purposes of this instrument, "maintenance" includes the
maintenance of the private streets or alleys, and all curbs, curbs and gutters, drainage
facilities, utilities, dams, bridges and other private street improvements, and the prompt
removal of snow, water, debris, or any other obstruction so as to keep the private street
or alley reasonably open for usage by all vehicles, including emergency services
Private Improvement Maintenance Declaration REVISED - April 16, 2019 Page 1 of 3
vehicles. The term "to maintain," or any derivation of that verb, includes the
maintenance, replacement, reconstruction and correction of defects or damage.
3. WHEN TO MAINTAIN: After the initial construction of the Street, any further
construction, maintenance or repair shall be undertaken only with the mutual consent
of all owners, provided that in the event that (a) one or more of the owners determines
that the Street is not safe and convenient for passenger automobiles and emergency
vehicles at all times (except in severe temporary weather conditions), and (b) such
owner(s) give(s) 30 days prior written notice to all other owners using the Street, such
owner(s) may commence or contract to bring the Street to the minimum standard, and
the resulting costs shall be the responsibility of all owners using the Street.
4. DEFAULTING OWNER(S): If any owner(s) fail(s) to pay their proportionate share
of the costs of maintenance or repair for which they are responsible, as provided
hereinabove, any other owner(s) not in default or the person or corporation performing
such maintenance may, after 30 days written notice to the defaulting parcel owner(s),
bring an action of law against each defaulting parcel owner(s) in a court of competent
jurisdiction and/or may record in the Clerk's Office of the Circuit Court of Albemarle
County, a Notice of Lien to secure the payment of any defaulting parcel owner(s)'
proportional share of maintenance or repair. The amount due by any delinquent
owner(s) will bear interest at the maximum judgment rate provided by law from the
date of completion of the maintenance. The delinquent owner(s) shall be liable for all
costs of collection, including reasonable attorney's fees.
5. COST OF MAINTENANCE: The owner(s) of Tax Map 44-22 (Residue), Tax Map
44-22B, and Parcel 22D shall be equally responsible for the cost of the maintenance of
and/or repair to the Street. Any further division of Tax Map 44-22 (Residue), Tax Map
44-22B and/or Parcel 22D shall require the reassessment of cost to be equally shared
by all owners using the Street.
6. No public agency, including the Virginia Department of Transportation and the
County of Albemarle, Virginia, will be responsible for maintaining any
improvement identified herein.
SIGNATURES TO FOLLOW ON THE NEXT PAGE
Private Improvement Maintenance Declaration REVISED - April 16, 2019 Page 2 of 3
IN WITNESS WHEREOF, the Declarants have caused this Declaration to be
executed on his/her/its/their behalf by his/her/its/their duly authorized agent.
IEM
BARRACKS FARM. LLC
By: Thomas B. Bishop
Its: Managing Member
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF , to wit;
I, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do hereby
certify that Barracks Farm, LLC, by its Managing Member, Thomas B. Bishop, whose
name is signed to the foregoing Private Improvement Maintenance Declaration dated
March 12, 2019, has this day personally appeared before me and subscribed, sworn to
and acknowledged the same in my jurisdiction as aforesaid.
My commission expires:
Given under my hand this
(SEAL)
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF , to wit;
day of 2019.
Notary Public
Maria Bishop Shannon
I, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do hereby
certify that Maria Bishop Shannon, whose names are signed to the foregoing Private
Improvement Maintenance Declaration dated March 12, 2019, has this day personally
appeared before me and subscribed, sworn to and acknowledged the same in my
jurisdiction as aforesaid.
My commission expires:
Given under my hand this day of 2019.
Notary Public
(SEAL)
Private Improvement Maintenance Declaration REVISED - April 16, 2019 Page 3 of 3
LINE
BEARING
DISTANCE
L1
N 42°22'55" W
8.37'
L2
N 56°49'56" E
55.00'
L3
N 35°31'00" E
72.00'
L4
S 81 °34'02" E
136.38'
L5
S 67-57'18" W
153.53'
L6
S 56'00'14" W
131.21'
L7
N 56'18'27" W
5.97'
L8
N 87°46'07" W
115.00,
L9
S 72°49'29" E
125.26'
L10
S 17'46'51" E
20.00'
L11
N 18-59-12" E
33.20'
L12
N 14°50'35" E
16.54'
CURVE
RADIUS
ARC LENGTH
TANGENT
CHORD BEARING
CHORD LENGTH
C1
335.00'
555.74'
365.59'
N 78°22'35" W
493.98'
C2
1170.00'
70.01'
35.02'
N 88°00'05" E
70.00'
C3
1150.00'
351.22'
176.98'
N 80°58'06" E
349.85'
C4
530.00'
562.38'
310.93'
N 59'12'35" E
536.37'
C5
1200.00'
106.62'
53.34'
N 26°15'58" E
106.58'
C6
54.00'
83.12'
52.32'
N 63°04'51 " E
75.15'
THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND: A 3 ACRE PORTION OF
TAX MAP 44-22, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE
UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY.
GIVEN UNDER OUR HANDS THIS
20
DAY OF
BARRACKS FARM LLC TITLE (SEAL)
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY
THIS
NOTARY PUBLIC
DAY OF 120.
PRINTED NAME
MY COMMISSION EXPIRES:
TAX MAP 44-27D
DARBYS FOLLY LLC; ET ALS
N�
DB 4975 PG 186
TAX MAP 44-27A
DAVID W. CARR
DB 332, PG 522
TAX MAP 44-27E
BARRACKSIDE
FARM LIMITED
PARTNERSHIP
DB 1508, PG 589
ZONED: RA
Cn
A ZONED:RA IPF S88° ZONED:RA ! 062%� o N
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IPF 23�'
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PARCEL 22
I IPS
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3.000 ACRE
I
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0 �NI N v
TAX MAP 44-33A4
VALERIE HURST &
ANDREW J. BUDA
DB 4643, PG 107
ZONED:RA
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w
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213
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TAX MAP 44-33A3
1CANTERBURY LLC
DB 4946, PG 187 t
ZONED:RA
s
sue,
TAX MAP 44-105 4�
ROBERT E. & ERIKA R. 0-
REYNOLDS
9 3628" (3pkSF) ram- °o C)
w4 I rN
` V'o IPS
FXAspyq<T
40' RIGHT OF WAY EASEMENT -
ALONG BARRACKS FARM ROAD
DB 556, PG 494
DB 1373, PG 71
DB 3564, PG 9
IPS 15' SE OF
CORNER
Private Street (20'
Minimum Roadway
Width to 150' Beyond
Start of Parcel 22D)
APPROXIMATE LOCATION
OF WPO BUFFER PER
ALBEMARLE COUNTY GIS.
SEE NOTE # 11
DB 1011, PG 525
ZONED:RA 2
ALTH 0�
G� 0-
TAX MAP 44-104
WILLIAM L, III & CECILIA r�x
> V. MEFFERT w�
JOHN CARROLL Y DB 3105, PG 654
Lic.No. 3235 ZONED:RA
0
NMI
TAX MAP 44-271
BARRACKSIDE FARM LIMITED
PARTNERSHIP
Qz DB 1508, PG 589
ZONED:RA
Om
44)Q
Q
TAX MAP 44-27H
BARRACKSIDE FARM LIMITED
PARTNERSHIP
DB 1508, PG 589
ZONED:RA
TAX MAP 44-27G
BARRACKSIDE FARM
LIMITED PARTNERSHIP
DB 1508, PG 589
ZONED: RA �5
266'
2
TAX MAP 44-27F
BARRACKSIDE FARM
LIMITED PARTNERSHIP �3
DB 1508, PG 589
ZONED:RA
--------------- --------------------
EXISTING
STRUCTURES
S 83°1230" W
38g.47'
°06�2 TAX MAP 44-22A
�36 JOHN M. & CYNTHIA H. DENT
DB 2222, PG 481
%t
0
�t>v
IPF
TAX MAP 44-27J OWNER OF RECORD (PER DB 3639, PG 652):
BARRACKSIDE FARM LIMITED BARRACKS FARM LLC
PARTNERSHIP 518 BARRACKS FARM RD
DB 1508, PG 589 CHARLOTTESVILLE, VA 22901
ZONED:RA
O
EXISTING
STRUCTURES
TAX MAP 44-22 (RESIDUE)
BARRACKS FARM LLC
DB 3639, PG 652
150.162 ACRES (REMAINDER)
ZONED:RA
Add a new
REVISION DATE
S 72009'29" W 254.86' S 72°45'37" W 350.56'
TAX MAP 44-66 TAX MAP 44-67
SUSAN F. McNEELY TIMOTHY E. HEGEMIER,
DB 3548, PG 608 ET AL
ZONED:RA DB 4435, PG 523
ZONED:RA
1S761,
/l\2S4
4n
S 72°42'56" W
196.66'
U)
N
Cl)
S
Og„
�r
TAX MAP 44-19B
CRAIG A. &
KATHARINE B.
WINN
DB 1850, PG 330
ZONED:RA
TAX MAP 44-22C1
SEAN F. & TAMMY SIMPKINS
FLYNN
DB 1382, PG 725
ZONED: RA
COUNTY APPROVAL
�o
moo AGENT FOR THE BOARD OF SUPERVISORS DATE
ho
o
NOTES:
1. NO TITLE REPORT FURNISHED.
2. THE NEW 3.0 ACRE PARCEL BOUNDARY IS BASED ON A
99.-' :.
CURRENT FIELD SURVEY (7-10-18). PARENT PARCEL SHOWN IS
BASED ON INFORMATION FROM RECORD.
3. EASEMENTS MAY EXIST THAT ARE NOT SHOWN HEREON.
4. PER FEMA FLOOD INSURANCE RATE MAP #51003CO260D,
DATED 2-4-2005, THIS PARCEL LIES IN FLOOD ZONE "X" (AREAS
�4
OUTSIDE THE 500-YEAR FLOOD PLAIN).
5. IPF: IRON PIN FOUND
.`L
IPS: IRON PIN SET
v v
6. PARCEL 22D AND THE RESIDUE OF TAX MAP 44-22 EACH
CONTAIN A BUILDING SITE THAT COMPLIES WITH SECTION 4.2.1
V
OF THE ALBEMARLE COUNTY ZONING ORDINANCE.
p. lv
7. PARCEL 22D IS ASSIGNED ONE (1) DEVELOPMENT RIGHT AND
Q.0
MAY NOT BE FURTHER DIVIDED. THE RESIDUE OF TAX MAP
IS RETAINING THREE DEVELOPMENT RIGHTS AND
44-22 (3)
WHEN FUTHER DIVIDED IT SHALL NOT CONSIST OF MORE THAN
O=
22.279 ACRES.
8. BUILDING SETBACK REQUIREMENTS:
�v
FRONT (EXISTING PUBLIC ROADS): 75'
FRONT (INTERNAL PRIVATE ROAD): 25'
o`O
SIDE: 25'
,moo
REAR: 35'
9. UNDER CURRENT COUNTY POLICY, PUBLIC WATER AND/OR
SEWER SERVICE WILL NOT BE AVAILABLE TO THIS PROPERTY.
10. THIS PARCEL IS ZONED RA AND IS LOCATED IN THE IVY
CREEK WATER SUPPLY WATERSHED AND THE
CHARLOTTESVILLE-ALBEMARLE MPO. THIS PARCEL IS NOT
CO
LOCATED IN AN AGRICULTURAL -FORESTAL DISTRICT.
11. THE STREAM BUFFER SHOWN HEREON SHALL BE MANAGED
IN ACCORDANCE WITH THE ALBEMARLE COUNTY WATER
PROTECTION ORDINANCE.
12. THIS PARCEL IS IN A CONSERVATION EASEMENT PER DB
, PG
13. THE STREETS IN THIS SUBDIVISION MAY NOT MEET THE
STANDARDS FOR ACCEPTANCE INTO THE SECONDARY SYSTEM
OF THE STATE HIGHWAYS AND WILL NOT BE MAINTAINED BY
THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR THE
COUNTY OF ALBEMARLE.
14. APPROXIMATE LOCATION OF CRITICAL SLOPES, WPO
STREAM BUFFER AND EXISTING STRUCTURES INTERPRETED
FROM ALBEMARLE COUNTY GIS.
CRITICAL SLOPE:
WPO STREAM BUFFER: ------------------ -
15. "ROADWAY WIDTH" SHALL BE DEFINED AS TRAVELWAY
WIDTH PLUS SHOULDER WIDTH.
W PLAT OF TWO LOT SUBDIVISION
C5 TAX MAP 44-22B
m MARIA BISHOP SHANNON TAX MAP 44-22
cn DB 3564, PG 17 JACK JOUETT MAGISTERIAL DISTRICT
ZONED:RA
ALBEMARLE COUNTY, VIRGINIA
SCALE: 1 " = 200' AUGUST 21, 2018
TAX MAP 44-75B \
WILLIAM D. PARKER, JR
& KAY COS
DB 1395, PG 29
ZONED:RA
LAKE ANNA LAND SURVEYS
362 OVERTON DRIVE MINERAL, VIRGINIA 23117
540-894-7550
REVISION BLOCK:
REVISED12-7-18 PER COUNTY COMMENTS DATED 10-24-18
REVISED 1-27-19 PER COUNTY COMMENTS DATED 1-25-19
REVISED 2-19 -19 PER COUNTY COMMENTS DATED 2-15-19
REVISED 3-6-19 PER COUNTY COMMENTS DATED 3-4-19