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2001-10-03
ACTIONS Board of Supervisors Meeting of October 3, 2001 October 11, 2001 1. Call to order. 4. From the Public: AGENDA ITEM/ACTION Matters Not Listed on the Agenda. Ms. Diane Foster of Rivanna Trails announced that the Rivanna Trails Foundation recently received the American Hiking Society regional award for its 2001 National Trails Day event, and is in the running for a national award. Mr. John Martin provided a water level report and asked that staff address the importance of maintaining the water level of the Moorman's River, the water treatment plant and the Observatory plant. 5. Presentation to H. William "Bill" Mills. PRESENTATION made. None. 6. Presentation to Brian K. Carlson. PRESENTATION:made. None. None. Not docketed: Mr. Tucker introduced Ms. Kimberly Suyes, Director of Human Resources and Mr. Roger Hildebeiter, Director of the Office of Management and Budget. 7.1 7.2 7.3 7.4 Proclamation proclaiming October 5, 2001 as Bike to Work Day. Proclamation ADOPTED and presented to Mr. Jim Fitzgerald, JAUNT Community Relations Director, who advised the Board that JAUNT buses now have bicycle racks. (Note: Mr. Dorrier asked about the condition of bike trails throughout the County; Mr. Fitzgerald said some areas are more user-friendly than others. Mr. Jim Bryan, Resident Engineer, said VDOT is working to widen shoulders for bike routes wherever possible. Authorize County Executive to sign Park and Ride Agreement with University of Virginia Health Services Foundation Facility at Forest Lakes North. AUTHORIZED County Executive to sign agreement. Authorize County Executive to sign Park and Ride Agreement with Windham Retirement Center in Crozet. AUTHORIZED County Executive to sign agreement. (Note: Ms. Humphris noted that the agreement calls for 5 lots, but the executive summary calls for 7. Mr. Juan Wade, Transportation Planner, said he would change the agreement to read 7 lots.) ~ Set a public hearing for November 7, 2001 to amend the jurisdictional area of the Albemarle County Service Authority to extend water service to Tax Map 45, Parcel 15 (Jeff Saine). CONSENSUS to place this item on the 11/7 agenda. ASSIGNMENT Meeting was called to order at 9:00 a.m., by the Chairman Sally Thomas. All BOS members present (L.indsay Dorrier arrived at 9:10 a.m.). Bob Tucker, Wayne Cilimberg, David Benish, and Larry Davis present. Clerk: Laurie Bentley. Clerk: Acknowledge speakers' comments in writing. None; proclamation (Attachment A) read and given to Mr. Fitzgerald. County Attorney: Obtain signatures and provide signed copy of agreement Attachment B) to Clerk's office. County Attorney: Obtain signatures and provide signed copy of revised agreement (Attachment C) to Clerk's office. Planninq: Ensure that resident meets with potential well drillers to discuss options before next Board discussion on this item. Clerk: Place public hearing on 11/7/01 agenda. 7.5 FY 2002/03 Proposed Operating Budget Document Format None. and Calendar. APPROVED format and calendar. 7.6 Proposed Lease Agreement for Woolen Mills Lease Storage Space. (Note: Ms. Humphris and Mr. Dorrier asked questions about the type of materials that can be stored in that location. Mr. Tucker said staff is looking into that and other storage- related matters.) County Attorney: Obtain signatures and provide signed copy of agreement (Attachment D) to Clerk's office. Engineering: Study space to determine what materials can be stored in that location. 7.7 7.8 7.9 Potential Transportation Enhance ment Grant Projects for 2002. CONSENSUS to support the Crozet streetscape plan as the top priority and to have staff provide additional information on the Darden Towe Park to Pen Park Pedestrian Bridge. Status Update on Woods Edge Apartments for the Elderly and request Approval of Memorandum Agreement. APPROVED agreements and AUTHORIZED County Executive to sign them. Resolution to accept Fortune Park Road in Forest Lakes North (Commercial Area) Subdivision into the State Secondary System of Highways. ADOPTED resolution. 7.15 Notice of special meeting of the Virginia Association of Counties (VACO) membership to consider amendments to the VACO By-laws. (Note: Ms. Humphris mentioned that the Board will need to appoint someone to replace her after she retires.) RECEIVED for information. 8. Transportation Matters. Mr. Jim Bryan, VDOT Resident Engineer: · Introduced two new assistant resident engineers, Mr. Chuck Proctor and Mr. Rob Marshall. · Advised the Board that VDOT is doing extensive maintenance to its vehicles. · Distributed graphs showing the final six weeks schedule for construction of the Rt. 29 bridge over the Rivanna River and the Six Year Plan Project status report (both on file in the Clerk's office). · Advised the Board that traffic counts in the Morgantown Road area have dropped, following the dissemination of information to residents. From the Board: · Ms. Thomas requested that Mr. Bryan send a map of VDOT's maintenance districts and a list of contact persons and phone numbers. · Mr. Bowerman asked that VDOT look into the increased use of Hillsdale Drive and Greenbrier Drive, adding that there is a need for crosswalks and sidewalks to serve residents · Mr. Bowerman asked that VDOT again examine truck traffic in the Earlysville area. He suggested that, if VDOT is concerned that staff's suggestion to install signage on Earlysville Road would increase truck traffic on Rt. 660, VDOT install similar signage on Rt. 660. · Ms. Thomas noted that residents along Grassmere Road are happy that the road has been paved. · Ms. Humphris asked about the trip study being conducted on Rt. 29; Mr. Bryan said it is related to the Sperry study. · Mr. Dorrier brought up the controversy surrounding rights-of- way of three houses located outside Scottsville. Mr. Bryan said that VD©T is examining this issue. · Mr. Perkins said residents are concerned about traffic on Rts. 250/240 (Browns Gap Tnpk). Mr. Bryan said he will look into the matter. · Mr. Tucker asked that VDOT add Wayne Cilimberg and Mark Graham to its email distribution list when sending status reports. Planninq: Provide the Board additional information on the Darden Towe Park to Pen Park PedeStrian Bridge. Clerk: Include in Transportation letter to VDOT. County Attorney: Obtain signatures and provide signed copy of agreements (Attachment E) to Clerk's office. ~Clerk. _.. : Forward signed resolution (Attachment F) and VDOT form to Glenn Brooks, Engineering Dept. None. Clerk: Include in letter to VDOT. t 9. PH on proposed lease of the Ivy Creek Natural Area tenant house jointly owned by the County of Albemarle and the City of Charlottesville. Held PH and AUTHORIZED County Executive to sign agreement. 10. Presentation: Disability Services Board Activities. PRESENTATION made by Mr. Robert Walters. (Note: Mr. Dorrier asked if the Disability Services Board prioritizes disabilities; Mr. Walters replied, "No." 11. End of Fiscal Year 2000-01 Preliminary Financial Report. PRESENTATION made by Ms. Roxanne White. ACCEPTED report and APPROVED the distribution of FY01 carry-over funds. 12. Board to Board Presentation - School Board Chairman. PRESENTATION made by Dr. Chuck Ward. (Notes: · Mr. Bowerman asked that the School Division eventually report the cost of providing laptops to be used by School Board members. · Mr. Dorder asked if three or more board members attending meetings or corresponding via email constitutes a :'meeting". Dr. Ward suggested that such questions be directed to the County Attorney. 13. Upclate on Piedmont Virginia Community College - Dr. Frank Friedman, President, PVCC. PRESENTATION made. 14. Establishment of Board Priorities. APPROVED the scheduling of two to three facilitated Board Work Sessions outside of the regular Board meeting schedule after the first of the year to establish long-term goals and direction for the County. CONSENSUS to participate in Work Sessions. (Note: Mr. Perkins asked that, when the time comes, staff provide a breakdown of state and local responsibilities.) 15. Presentation: Electronic Government (EGovernment). PRESENTATION made by Ms. Lee Catlin, Community Relations Manager. 16. Presentation: Library Facility Study. PRESENTATION made by Ms. White and Mr. Kirk Train, consultant.') 18. Closed Session: Personnel and Legal Matters. HELD. 19. Certify Closed Session. CERTIFIED. 20. Appointments. APPOINTED: · Mr. Mark Giles to complete Brian Carlson's term on the Workforce Investment Board. · Mr. Raymond E. Gaines to Fire Prevention Code of Appeals. · Ms. Norma A. Diehl to the Rivanna Solid Waste Authority Citizens Advisory Committee. · Mr. James E. Clark, Jr. to serve as Scottsville representative on the Equalization Board. · To the Historic Preservation Committee: Mr. Garth Anderson; Ms. Jane R. Berkeley; Mr. Paul R. 13rockman; Mr. Louis P. Nelson; Ms. Christine S. Devine; Mr. Griffin W. Fernandez; Mr. Benjamin P. Ford; Ms. Jillian E. Galle; Mr. Charles E. Gay; Mr. William L Gordon, Jr., Mr. William C. Johnson; Mr. Robert McGinnis, Mr. Stephen T. McLean; Mr. Steven G. Meeks; Mr. David B Topper; Mr. Robert Vernon; Mr. Stuart G. Watterson; Mr. Robert F. Watson; and Mr. Robert S. Wilson. County Attorney: Obtain signatures and provide signed copy of agreements (Attachment G) to Clerk's office. 4one. Director of the Office of Management and Budget: Submit appropriations to transfer funds once final audit is complete. None. None. Clerk: Set up Work Sessions. None. None. None. Clerk: Notify applicants and other appropriate individuals and update Boards & Commissions records. 21. Discussion: Corville Farms Subdivision - Water System and Road Improvements. APPROVED staff recommendations to move forward with further evaluation of utilizing the Rural Additions program for funding the road improvements, while also proceeding immediately with a study of the water distribution system with County funds. With VDOT, determine any significant obstacles and the timeframe for completion of the project. Have staff report to the Board regarding the need for local funding to ensure that the road is brought up to state standards. Discuss with the ACSA the possibility of taking over the Corville Farms water system to insure its upgrade and ongoing operation and maintenance. Assist the ACSA in pursuing grant funding and local funds to supplement construction cost, if needed. 22. SP-2001-22. LaserTag at Planet Fun (Sign #39). APPROVED with four conditions recommended by Planning Commission. 23. SP-2001-24. Baker After School Program (Sign #43). APPROVED with six conditions recommended by Planning Commission, with changes made to conditions #2 and #4. 24. ZMA-2001-11. Pantops Place (Signs #56&57). APPROVED proffer dated 8/28/01, as recommended by Planning Commission. 25. ZTA-01-11. Miscellaneous. APPROVED ordinance with several changes. 26. VACO Voting Credentials. APPOINTED Ms. Humphris its representative and Ms, Thomas its alternate, to cast the Board's vote(s) at the Annual Business Meeting. 27. From the Board: Matters Not Listed on the Agenda. · Ms. Humphds said she was surprised to see that the Foxfield Association had sent out a press release; she thought they had agreed to meet with County officials first. Mr. Tucker said he was surprised too. One meeting had been held between Foxfield officials and staff, but staff had understood that nothing was to have been issued until further discussions were held. Another meeting will be held before the end of the year. · Ms. Humphris commended Mr. Mark Graham on the letter he had written to the Department of Environmental Quality regarding the Old Dominion Electric power plant in Louisa County. · Ms. Thomas advised the Board that the Farm Tour will take place this Saturday, and the Lewis and Clark Festival is to take place next weekend · Ms. Thomas noted that the French Consulate will plant a tree at Claudius Crozet Park next weekend. · Ms. Thomas said the Coalition of High Growth Communities and the Shelter Industry for Developers may get together to consider changing their road standards to match those required by VDOT. · Ms. Thomas advised the Board that she recently attended a "United We Stand" meal (no details provided). · Ms. Thomas asked whether the Board would meet on January 2, 2002. Mr. Tucker said the Clerk will make a recommendation soon which may be to meet on January 9 instead. Engineering Staff: Implement recommendations as listed. Clerk: List conditions (Attachment H). Clerk: List conditions (Attachment H). Clerk: List proffer (Attachment H). County Attorney's office: Send revised Ordinance to Clerk. Clerk: Attach revised Ordinance (Attachment I). Clerk: Complete and submit form to VACO office. Clerk: Prepare resolution declaring October 13 Lewis and Clark Festival Day for Chairman's signature. Ms. Humphris noted a letter the Board received from a woman who was appreciative of assistance recently provided by the Police Department. Mr. Tucker advised Ms. Humphris that this had been discussed at a previous meeting and that t~qe letter was acknowledged. At Mr. Dorrier's suggestion, the Board DESIGNATED October 13 as Lewis and Clark Festival Day. 28. Adjourn at 3:10 p.m. David R Bowerman Rio Lindsay G. Dorder, ~Jr. Scott~vill~ Charlotte Y. Humphris ,lack ,lou~tt COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Vi~inia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Walter E Perkins White Hall Sally H. Thomas Samuel Miller October 15, 2001 Ms. Diane Foster 400 Balbion Drive Earlysville. VA 22901 Dear Ms. Foster: Thank you for appearing before the Board of Supervisors on October 3, 2001, to advise us that the Rivanna Trails Foundation recently ('eceived an American Hiking Society regional award for its 2001 National Trails Day event. I know that you were instrumental in pulling together and submitting the information upon which the Society based the award, and I applaud your hard work. The Board asked me to extend its best wishes as the Foundation competes for an upcoming national award. Again, thank you for sharing your good news! Sincerely, Sally H. Thomas Ch a~rman SHT/lab Printed on recycled paper David P Bowerman Rio Linclsay G. Dorfier, ,Jr. SooKsville Charlotte Y. Humphris Jack Jouel~ COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Rivanna Walter E Perkins White Hall Sally H. Thomas Samuel Miller October 15, 2001 Mr. John Martin 5115 Catterton Rd. Free Union VA 22901 Dear Mr. Martin: Thank you for your recent comments to the Board of Supervisors on October 3, 2001, regarding the level of the Moorman's River, the water treatment, and the observatory plant. The Board appreciates you taking the time to appear and make your views known. We also appreciate the Weekly Operations Report you provided SHT/Iab Again, thank you for your comments. Sincerely, Sally H. Thomas Chairman Printed on recycled paper AttaChment A BIKE TO WORK DA Y WHEREAS, the quality of life for citizens in our community includes preservation of the natural environment; and WHEREAS, the County of Albemarle has appointed a traffic reduction coordinator to provide information on transportation alternatives that would decrease the volume of single occupancy vehicles, traffic and parking congestion; and WHEREAS, more commuters are choosing alternative transportation to save time, money and the environment; and WHEREAS, bicycling is an environmentally sound, healthy, efficient and energy saving mode of transportation; NOW, THEREFORE, I, Sally H. Thomas, Chairman on behalf of the Albemarle County Board of Supervisors, do hereby proclaim October 5, 2001 as BIKE TO WORK DA Y and encourage all citizens to choose alternative transportation to preserve our community's special quality of life. Attachment B PARK AND RIDE FACILITY AGREEMENT THIS AGREEMENT is made this day of May in the Year 2001 by an between the County of Albemarle, Virginia, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as the "County", and, hereinafter referred to as the "Owner". WHEREAS, the County desires to establish a park and ride facility in The University of Virginia Health Services Foundation Facility at Forest Lakes North. WHEREAS, the Owner is willing to allow the county to use part of it's property for such a facility. WITNESS: IN CONSIDERATION of the mutual premises stated herein, the parties agree as follows: Purpose: The purpose of this agreement is to allow the County to use part of the Owner's property as a park and ride facility for the benefit of persons in carpools and commuters. Premises: For the uses described in section 4 of this agreement, the Owner hereby licenses to the County that part of the Owner's premises marked "Park and Ride", hereinafter referred to as the "Premises", shown on Attachment "A", which is attached hereto and made a part of this agreement. The number of park and ride spaces shall not exceed five (5) spaces. Term: The term of this agreement shall be one (1) year. from the date hereof. Either party, however, may terminate this agreement after three months by giving one month's notice to the other party of its intent to terminate. I.!ses of the Premises: The County may use the premises for a park and ride facility, a carpooling parking facility, vehicle and personal access, and all similar and related uses. Access: The County and patrons of the park and ride facility may use the Owner's property surrounding the premises for vehicle and pedestrian access to and from the park and ride facility and for circulation, excluding vans, and persons in carpools. Marking of Premises and Publici~: The County may install signs indicating that the Premises are available to persons in carpools and commuters as a result of the Owner's courtesy. The County will obtain the Owner's written approval before placing any improvements on the premises. Such permission shall not be unreasonably withheld. 10. 11. Maintenance: The Owner shall arrange for regular and/or timely snow plowing of the Premises at its sole expense. Extraordinary maintenance and repair of the Premises arising from its additional usage pursuant to this agreement shall be performed by the County at its sole expense. LiabiliW: The County agrees to add the Owner to its general liability insurance policy as an additional insured for the County's operation of a park and ride facility on the Owner's property. Title, Access and Authority: The Owner covenants and warrants to the County that the Owner presently owns the fee simple interest in and to the Premises; that the Owner is duly authorized and empowered to grant this License; and that the person executing this license on behalf of the Owner warrants himself to be duly authorized to bind the Owner hereto. Entire Agreement: This agreement constitutes the entire agreement between the parties and supercedes any prior understandings or oral or written agreements between the parties respecting the within subject matter. Modifications: This agreement may not be modified, except in a writing signed by the parties. Attachment C PARK AND RIDE FACILITY AGREEMENT THIS AGREEMENT is made this day of July in the Year 2001 by an between the County of Albemarle, Virginia, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as the "County", and, hereinafter referred to as the "Owner~'. WHEREAS, the County desires to establish a park and ride facility at Windham Retirement Center: and WHEREAS, the Owner is willing to allow the county to use part of it's property for such a facility WITNESS: IN CONSIDERATION of the mutual premises stated herein the parties agree as follows: 12. 13. 14. Purpose: The purpose of this agreement is to allow the County to use part of the Owner's property as a park and ride facility for the benefit of persons in carpools and commuters. Premises: For the uses described in section 4 of this agreement, the Owner hereby licenses to the County that part of the Owner's premises marked "Park and Ride": hereinafter referred to as the "Premises", shown on Attachment "A", which is attached hereto and made a part of this agreement. The number of park and ride spaces shall not exceed seven (7) spaces. Term: Either party, however, may terminate this agreement after three months by giving one month's notice to the other party of its intent to terminate. 15. 16. Uses of the Premises: The County may use the premises for a park and ride facility, a carpooling parking facility, vehicle and personal access, and all similar and related uses. Access: The County and patrons of the park and ride facility may use the Owner's property surrounding the premises for vehicle and pedestrian access to and from the park and ride facility and for circulation, excluding vans, and persons in carpools. 17. 18. Marking of Premises and Publicity: The County may install signs indicating that the Premises are available to persons in carpools and commuters as a result of the Owner's courtesy. The County will obtain the Owner's written approval before placing any improvements on the premises. Such permission shall not be unreasonably withheld. Maintenance: The Owner shall arrange for regular and/or timely snow plowing of the Premises at its sole expense. Extraordinary maintenance and repair of the Premises arising from its additional usage pursuant to this agreement shall be performed by the County at its sole expense. 19. Liability: The County agrees to add the Owner to its general liability insurance policy as an additional insured for the County's operation of a park and ride facility on the Owne¢s property. 20. Title, Access and Authority: The Owner covenants and warrants to the County that the Owner presently owns the fee simple interest in and to the Premises; that the Owner is duly authorized and empowered to grant this License; and that the person executing this license on behalf of the Owner warrants himself to be duly authorized to bind the Owner hereto. 21¸. Entire Agreement: This agreement constitutes the entire agreement between the parties and supercedes any prior understandings or oral or written agreements between [he parties respecting the within subject matter. 22. Modifications: This agreement may not be modified, except in a writing signed by the parties. Attachment [] THIS SUBLEASE I"Lease") is made this day of ,2001, by and between SECURITY MOVERS, INC., t/a Security Storage and Van Lines ("Lessor") and the COUNTY OF ALBEMARLE, VIRGINIA ("Lessee"), and provides as follows: WITNESSETH: WHEREAS, Lessee desires to lease certain space ~n a building located in the County of Albemarle at 2100 East Market Street Extended, Charlottesville, VA; and WHEREAS, Lessor leases the property at 2100 East Market Street Extended from Collett M. Thach and Edith C. Thach t/a Security Realty and Lessor warrants and represents to Lessee that it has the authority under its lease to enter into this Lease with Lessee. NOW THEREFORE, IN CONSIDERATION of the terms, conditions and covenants hereinafter set forth, the parties agree as follows: (1) PREMISES: Lessor hereby leases to Lessee a portion (12,300 square feet) of the first floor (the "Premises") of its main four story warehouse building on its real property at the former Charlottesville Woolen Mills, 2100 East Market Street, Charlottesville, Virginia. See attached Exhibit A, for a more detailed sketch description of the Premises and an agreed square foot calculation. Also included is a non-exclusive right to use other portions of Lessor's property for direct ingress and egress to and from public streets to the Premises, provided that neither the Lessee, it sublessees, assig ns, customers or invitees shall cause any interference with access via the Lessor's other property. (2) TERM: The term ("Term") of this Lease shall begin at 12:00 noon on November 1, 2001 and end at 12:00 noon on November 1,2006. (3) RENT: The Lessee shall pay rent to the Lessor at the rate of $3.60 per square foot of the premises. Payment of the total rent for the five-year period shall be made as follows: Year 1 35% $ 77,490 Year 2 30% 66,420 Year 3 20% 44,280 Year4 15% 33,210 Year 5 0 0 Total $221,400 Payments shall be made quarterly in advance. Payments not received by Lessor by the 10th of the month shall incur a 5% late charge; if payment is not received by the 15th of the month, Lessor may, at its option, declare the Lease to be in default. Lessor shall notify Lessee 90 days prior to the end of the term to negotiate renewal. If the Lease is to be terminated and Lessee holds over, Lessee shall be liable for rent at the rate of $7.20 per square foot, for the Premises, payable monthly, until Lessee vacates the premises. Should this Lease be terminated for any reason other than Lessee's failure to abide by the terms of the lease or Non Appropriation of Rent pursuant to Paragraph 18 of this lease, Lessor shall refund to Lessee all amounts paid in excess of $3.60 per square foot prorated on a monthly basis for the term of this Lease. (4) ACCESS: The Premises will be available for access by employees of Lessee on Monday through Friday, 8:00 am to 5:00 pm, except on Albemarle County holidays unless prior arrangements are made. All arrangements for access must be mutually agreed by Lessor and Lessee. Lessee acknowledges that there may be a charge for such access. The Premises shall never be open to the public, but shall only be accessible to employees of the Lessor or Lessee. (5) GOVERNMENTAL APPROVALS: Lessee shall be responsible for taking all reasonable efforts to obtain all governmental approvals needed to authorize entering into this Lease and to commence utilizing the Premises. (6) INSPECTION AND CONDITION OF PREMISES: Lessee acknowledges that is has made a thorough inspection of the above-described Premises and agrees to accept the Premises in their present condition, AS IS. (7) UTILITIES: Lessor shall be responsible for providing electrical power for lighting tl~e Premises and recharging voting machines. No other utilities or services are provided. Premises have no HVAC system and are not otherwise heated. (8) USE OF PREMISES: Lessee shall be responsible for the operations of loading and unloading of Lessee's personal property at the Premises. Lessee covenants that it shall occupy and use the Premises in full compliance with all present and future applicable statutes, ordinances, codes, rules, regulations and orders (collectively, "Laws") of local, state and federal governmental entities, de partments, commissions, boards and other agencies and officials thereof, including, but not limited to all Laws relating to hazardous materials. Lessee shall not use or store hazardous materials or gasoline, kerosene or other combustible materials on the Premises. Lessee covenants to take good care of the Premises, to promptly satisfy or bond off any mechanic's liens on the Premises, to permit no waste thereon, and upon termination, cancellation or non-renewal of this Lease or any extension thereof, to surrender possession of the same broom clean and in good repair and condition, reasonable wear and tear excepted. (9) LESSOR'S RIGHT OF ENTRY: Lessee agrees that Lessor and its employees may enter the Premises for the purpose of inspection, maintenance, repairs or ~mprovements and to permit access to Lessor's offices and the elevator in the building in which the Premises are located. (10)MAINTENANCE AND REPAIR: Lessee covenants that at its sole cost and expense, it shall maintain the Premises and equipment thereon in good operating repair and clean condition, reasonable wear and tear excepted. Lessor shall be responsible for maintenance of the building in which the Premises are located. (11) IMPROVEMENTS: Lessee covenants that it shall make no alterations, additions or improvements to the Premises without the prior written consent of the lessor. In its sole discretion, Lessor shall conclusively determine whether any such alterations, additions or improvements to the Premises become the property of the Lessor or Lessee at tl~e conclusion of the Lease. (12)INDEMNITY: Lessor shall not be liable to Lessee or to any other person for any damage to or loss of property or for injury to or death of persons arising from Lessee's operations pursuant to this Lease or Lessee's failure to comply with this Lease. (13) LESSOR LIABILITY: Only in the event that the sole cause of damages for loss or injury to Lessee's personal property stored at the Premises is Lessor's failure to exercise reasonable care for such stored personal property, shall Lessor be liable for such damages. In any event, Lessor and Lessee specifically agree all damages for loss or injury to Lessee's personal property stored on the Premises shall be limited to a total of $0.10 per square foot of the Premises. (14) INSURANCE OF LESSEE: Lessee covenants that during the term of this Lease or any extension therefore, the Lessee, at its sole cost and expense, shall carry and maintain such insurance, general lability ~nsurance and property damage as it deems necessary, as Lessor's insurance shall not extend coverage to Lessee. (15)CONDEMNATION: In the event the entire Premises shall be acquired or condemned by any public or quasi-public authority under the power of condemnation, eminent domain or appropriation, the term of this Lease shall cease and terminate as of the date possession shall be taken by such authority and Lessee shall pay rent and other payments required hereby up to that date and an appropriate refund shall be made by Lesser of such amounts as shall have been paid in advance for a period subsequent to the date of the taking. If only a part of the premises shal be taken or acquired by such public authority, then at Lessor's option, this Lease may be terminated in its entirety or upon notice, Lessee may remain in possession and the rent shall be abated in that proportion that the fair market value of the area so taken shall bear to the fair market value of the Premises as a whole immediately prior to such taking and Lessor shall promptly proceed to restore the remaining part not taken. As between Lessor and Lessee. all damages for any condemnation of all or any part of the Premises including without limitation all damages as compensation for diminution in value of the leasehold, reversion and fee of the Premises and the Lessee improvements shall belong to the Lessor. (16) DAMAGE BY FIRE OR OTHER CASUALTY: If, during the term of this Lease, the entire premises are damaged by fire or other casualty and they cannot be restored to substantially the same condition as prior to the date of this Lease with reasonable diligence within 90 days, this Lease shall terminate as of the date of the damage or destruction and Lessee shall pay rent or other payments required hereby up to that date and an appropriate refund shall be made by Lessor of such amounts as shall have been paid in advance for a period subsequent to the date of the taking. If, during the term of this Lease, a portion of the Premises are damaged by fire or other casualty and in Lessor's opinion, they may be restored to substantially the same condition as prior to the date of this Lease with reasonable diligence within 90 days, then at LessoCs option, this Lease may be terminated in its entirety as of the date of the damage or destruction or upon notice, Lessee may remain in possession and the rent shall be abated in that proportion that the fair market value of the area so taken shall bear to the fair market value of the Premises as a whole immediately prior to such taking and Lessor shall promptly proceed to restore the remaining part not taken. All insurance proceeds for damages to the Premises shall belong to Lessor. (17)ASSIGNMENT AND SUBLETTING: Lessee shall not assign this Lease or sublet the Premises or any portion thereof without the prior written consent of the Lessor. (18) NON-APPROPRIATION CLAUSE: This Lease is subject to annual funding by the Board of Supervisors of the County of Albemarle, Virginia. In the event the Board of Supervisors fails to appropriate the funds necessary to fulfill the obligations specified in this Lease, this Lease shall be deemed cancelled, with no penalty or liability to the County, and of no effect, provided written notice of such cancellation is given to the Lessor by the County. No refund of rents collected will be due under the terms of this paragraph. (19).DEFAULT: Lessee agrees that any of the following shall be deemed a default by Lessee and a breach of this Lease: (a) failure to pay any installment of rent or additional charge payable hereunder for a period of ten (10) days, (b) a failure of the Lessee to perform any other provisions, covenants, or conditions of this Lease, (c) the filing of bankruptcy, arrangement or insolvency proceedings by or against Lessee or any assignmen[ by Lessee for the benefit of creditors. If any one or more events of default shall happen, Lessor may, at its election and without prejudice to any other remedy which it might otherwise have for arrearage of rent or proceeding for breach of covenant under any law now or hereafter in force, without further notice, declare the term of this Lease ended and this Lease shall hereby be terminated, canceled and annulled and the Lessor, at its option, may re-enter, repossess and enjoy the Premises, with or without process of law, using such force as may be necessary in so doing and may distrain for any rent and other payments due hereunder and institute such other appropriate proceedings as Lessor may be legally entitled to employ. Lessee covenants and ag rees, upon such termination of this Lease at the election of the Lessor, that it will quit and peacefully surrender the Premises to Lessor. In addition to the other options herein provided for the Lessor~s benefit, Lessor shall have the option and privilege without causing a forfeiture of the Lease (i) to re-enter upon the Premises, to sublet the Premises to third parties at such rental as the Lessor shall be able to obtain and apply the rent in partial or complete satisfaction of the obligations of the Lessee, to declare as presently due and payable the unpaid rental installments owed by Lessee, thereby accelerating the maturity of the rental installments for the balance of the term, and to collect immediately from Lessee the accelerated balance of the term, less credit for the rent due under the sublease, or (ii) upon default by Lessee in the performance of any provision hereof, to perform the same for Lessee's account; and any sum of money, costs or expense so paid or incurred by Lessor during a default for Lessee's account, putting the Premises in good order or preparing the same for re-rental. Lessee agrees to pay any expense and reasonable attorney's fees incurred by Lessor for instituting, prosecuting or defending any action or proceeding instituted by reason of any default by Lessee, together with all interest, costs or damages. Lessee agrees and acknowledges that Lessor may use any combination of the above remedies at the sole option and election of Lessor. (20)WAIVER: Lessor and Lessee agree that no failure by Lessor to insist upon the strict performance of any covenants, agreements, terms or conditions of this Lease or to exercise any right or remedy consequent upon a breach thereof and no acceptance of full or partial rent during the continuance of any such breach shall constitute a waiver of any such breach or of such covenant, agreement, term or condition. No covenant, agreement, term or condition of this Lease to be performed or complied with by Lessee and no breach thereof shall be waived, altered or modified except by written instrument executed by the other. No waiver of any breach shall affect or alter this Lease, but each and every covenant, agreement, term and condition of this Lease shall continue in full force and effect with respect to any other existing or subsequent breach thereof by either party hereto. (21) LESSOR/LESSEE RELATIONSHIP: No provision of this Lease shall be interpreted or construed to cause Lessor to be a partner, joint venturer, or associate of Lessee. It is expressly understood and agreed that the relationship between the parties hereto is and shall at all times remain that of Lessor and Lessee. (22) RULES AND REGULATIONS: Lessor reserves the right, upon reasonable notice to Lessee, to adopt reasonable rules and regulations regarding the use of the Premises. The parties agree that one such rule is: "Lessee shall permit no smoking or use of matches or fire by its employees at the Premises or in the warehouse where the Premises are located. Lessor shall notify the Lessee in writing of the first violation of this rule by any individua employed by the Lessee. Lessee agrees to pay Lessor a $500.00 penalty for each subsequent violation by any individual that has caused the Lessee to receive written notification of the first violation. (23)APPLICABLE LAW AND EFFECT ON SUCCESSORS: This Lease shall be construed, interpreted and applied according to the laws of the State of Virginia and shall be binding upon and inure to the benefit of the heirs, personal representatives successors and assigns of the parties. (24) NOTICES: All written notices required or permitted to be given by this lease shall be deemed to be duly given only when (i) delivered personally to the Director of Engineering and Public Works for Lessee or to Presle¥ C. Thach for Lessor, as the case may be, or (ii) when posted by registered or certified mail, postage prepaid, return receipt requested to Lessee or to Lessor, as the case may be, at the following address: Lessee: 401 Mclntire Road Charlottesville VA 22902 Lessor: 2100 East Market Street Extended Charlottesville VA 22902 Or to such other address as may be furnished by either party to the other in writing accordance with the provisions of this paragraph. The date of mailing shall be deemed the date of g~ving such notice, except for notice of change of address, which must be received to be effective. (25) HEADINGS: The headings contained within this Lease are solely for purposes of convenience in reviewing the document and shall not be considered in construing the meaning of any paragraph. (26) ENTIRE AGREEMENT: This Lease constitutes the sole agreement between Lessor and Lessee and there are no further or other agreements or understandings, written or oral, ~n effect between the parties relating to the Premises. Attachment E WOODS EDGE AGREEMENT This Agreement is made this day of , 2001 by and between the PIEDMONT HOUSING ALLIANCE ("PHA"); and the JEFFERSON AREA BOARD ON AGING INC. ("JABA"). WHEREAS, Albemarle County (the "County") is granting $40,000 to PHA to assist the Woods Edge residential rental property, subject to certain conditions; and WHEREAS, PHA anticipates making certain payments to JABA to make housing affordable to elderly persons of Iow and moderate income; and WHEREAS, this Agreement is intended to ensure that JABA complies with the conditions of PHA's grant to make affordable housing available at Woods Edge. THEREFORE, the Parties agree to the following conditions: 1) Purpose. PHA's grant is made solely for the purpose of assuring that the Woods Edge residential rental property will be occupied by elderly persons of Iow and moderate income. 2) JABA Obligations. Funds provided by PHA to JABA shall be used solely to subsidize rents for those households below 50% area median income, with priority given to current Albemarle residents. As further conditions of receiving funds from PHA, JABA hereby agrees: a) To ensure that for a minimum of eight years, 30 of the development's 96 units are rented to elderly households with incomes at or below 50% of the area median income as follows: i) 1 person $21,300 ii) 2 persons $24,300 iii)3 persons $27,350 iv) 4 persons $30,400 These income limits are subject to annual revisions when adjustments are published by the U.S. Department of Housing and Urban Development. b) To utilize the annual allocation of $40,000 to reduce rents for the 30 eligible households who are not receiving rental assistance under the Section 8 Housing Choice Voucher Program.. with reductions ranging from $107 to $127 monthly; c) To maintain outreach efforts and work with the management entity to provide outreach to eligible households currently residing in Albemarle County; d) To provide quarterly reports to PHA indicating the unit numbers receiving assistance, the contract rent for al units at Woods Edge, and the rental assistance provided for each unit. 3) Timing of Funding. PHA may disburse the full amount to JABA quarterly or may choose to disburse monthly. PHA may withhold funding if JABA is in default of the reporting requirements set forth in Paragraph Two, above. 4) Unused Funds. Unused funds as of June 30 each year shall be subject to recall by PHA or may be used to offset future disbursements, at the discretion of PHA. 5) Default. A violation of any of the terms contained herein shall be considered a default. In the event of default, the PHA reserves the right to recall any or all grant monies spent in violation hereof. Furthermore. the PHA may terminate any further grants contemplated by this Ag reement. 6) Term, This agreement shall be valid through June 30, 2002 and may be extended, with or without amendments, annually for up to eight consecutive years by mutual agreement. All funding to PHA for this elderly Iow and moderate income housing assistance is subject to appropriation of such funding by the County Board of Supervisors. Attachment F The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 3rd day of October 2001, adopted the following resolution: RESOLUTION WHEREAS, Fortune Park Road in Forest Lakes North (Commercial Area) Subdivision de- scribed on the attached Additions Form SR-5(A) dated September 21, 2001, fully incorporated herein by reference, are shown on plats recorded in the office of the Clerk of the Circuit Court of Albemarle County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that Fortune Park Road meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add Fortune Park Road in Forest Lakes North (Commercial Area), as described on the attached Additions Form SR-5(A) dated September 21, 2001, to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded vote: Moved by: Seconded by: Yeas: Nays: A Copy Teste: Ella W. Carey, Clerk, CMC Board of County Supervisors The roads described on Additions Form SR-5(A) are: 1) Fortune Park Road from the intersection of Timberwood Boulevard (Route 1721), edge of pavement, to the intersection of Worth Crossing (Route 1722), edge of pavement, as shown on plat recorded 9/24/97 in the office of the Clerk of the Circuit Court of Albemarle County in Deed Book 1643, pages 643-644, with a 50-foot right-of-way width, for a length of 0.09 mile. Total Mileage - 0.09 mile. Attachment G RESIDENTIAL LEASE AGREEMENT THIS LEASE AGREEMENT is made as of this 15 , day of October, 2001; by and between County of Albemarle & City of Charlottesville (Landlord), whose address is 401 Mclntire Road, Charlottesville, Virginia 22902; PO Box 911, Charlottesville, Virginia 22902 (ciW) and_Raymond Stephen Sutton . 1. REAL PROPERTY AND TERM OF OCCUPANCY. In consideration of the promises and covenants herein, Landlord hereby leases to Tenant that property located in the City/County of Albemarle, Virginia, and known as Ivy Creek Natural Area Park Tenant House together with the fixtures and personal property listed below, (the Premises) for the term of 1 (one) months/year(s) commencing at a.m./p.m. (At noon if not otherwise indicated) on October 15 , 2001, a.m./p.m. (At noon if not otherwise indicated) on October 15 , 2002. 2. PERSONAL PROPERTY. The following personal property is included in the Premises subject to this lease: Range oven, woodstove, refrigerator. 3. USE OF PREMISES. The Premises will be used by Tenant as a private dwelling and for no other purpose. The Premises will be occupied by no persons other than persons who have signed this Lease as Tenant and such person's children under the age of 18. 4. RENT. Tenant agrees to pay as rent the total sum of $_1,800.00 , due and payable in advance in monthly installments of $ 150.00~ except as follows: If the lease term begins on a day other than the fa'st day ora calendar month, the first month's rent shall be $ 75.00. If the lease term ends on a day other than the last day ora calendar month, the last month's rent shall be $ 75.00 . The first month[~s rent payment is due October 15_, 2001. The monthly installment of rent due for each month thereafter shall be due on the first day of each month..Rent shall be paid to County of Albemarle (landlord/agent) at Albemarle County Parks & Recreation, 401 Mclntire Road, Charlottesville, Virginia 22902 (address) or at other such place as Landlord or Agent may from time to time designate in writing. If a monthly installment of rent is not received before the 6th day of the month, Tenant agrees to pay as additional rent a charge of late fee of $10.00 for each month that the monthly installment of rent is not received by the 6th day of such month. The purpose of this late fee is to compensate Landlord for the expenses of processing such delinquent account. Rent payments will be applied first to all past due balances of rent and other charges owing under this Lease. The remaining portion if any of such rent payments will be applied to current rent. If there are two or more tenants, Landlord shall have the option of requiring that only one check, cashier's check or money order will be accepted for each monthly installment for rent. 5. BAD CHECKS. Tenant agrees to pay as additional rent a charge of $15.00 for each check returned for insufficient funds. This charge will be in addition to any late fee, which may be due. If any of Tenant's checks are returned to Landlord or Agent for insufficient funds, Landlord will have the option of requiring that further payments must be paid by cash, cashier's check, certified check, or money order. 6. SECURITY DEPOSIT. Tenant agrees to pay the sum of $150.00 as a security deposit. This sum will be due when this Lease ~s signed by Tenant, Prior to the termination or expiration of this Lease, if Landlord makes any deductions l~om the security deposit for charges arising under this Lease or by law, Tenant agrees to pay Landlord such sums as may be necessary m offset such deductions to replenish and maintain the security deposit in the amount set forth above. The security deposit will be held by Landlord to secure Tenant's full compliance with the terms of this Lease. Within 30 days after the termination of this Lease, Landlord may apply the security deposit and any interest required by law to the payment of any damages Landlord has suffered due to Tenant's failure to maintain the Premises, to surrender possession of the premises thoroughly cleaned and in good condition (reasonable wear and tear excepted), or to fully comply with the terms of this Lease, and any balance, if any, to unpaid rent. Landlord shall provide Tenant with an itemized accounting, in writing, showing all such deductions. Within this 30-day period, Landlord will give or mail to Tenant the security deposit, with any interest required by law and minus any deductions. To assist Landlord, Tenant shall give Landlord written notice of Tenant's new address before Tenant vacates the Premises. During the term of occupancy under this Lease, if Landlord determines that any deductions are to be made from the security deposit Landlord will give written notice to Tenant of such deduction within 30 days of the time Landlord determines that such deduction should be made. This provision applies only to deductions made 30 days or more before the termination of this Lease. Landlord wilt maintain itemized records of all security deposit deductions and these records may be inspected by Tenant, his authorized agent or attorney, during normal business hours. However, when two years has passed from the time a deduction was made, Landlord may destroy the record of that deduction. If Landlord sells or otherwise transfers all or any interest in the Premises during the term of this Lease, Tenant agrees that Landlord may transfer the security deposit, plus any interest required by law, to the purchaser who in such event shall be obligated to comply with the provisions of this section. 7. PARKiNG. Tenant agrees to comply with such parking rules and regulations as Landlord may issue from time to time, and deliver to Tenant; provided that Tenant shall be given a reasonable opportunity to comply with any parking changes made during Tenant's term of occupancy under this Lease. Vehicles parked on or about the Premises in violation of such rules and regulations may be towed at the owner's expense. 8. PETS. No dogs, cats or other animals shall be kept in or about the Premises by Tenant or Tenant's guests without Landlord's prior written consent, which may be withheld in the Landlord's sole discretion. 9A. X Water & Sewage Electrical Current Fuel: water heat not to exceed 120 Fahrenheit Fuel: heat setting not to exceed 55 Fahrenheit XX Range with Oven Dishwasher Drver Cable TV Service Firewood (amount to be determined by Landlord) UTILITIES. Landlord agrees m provide, at Landlord's expense, those utilities and equipment checked below: Fuel: cooking Air conditioning Unit X Refrigerator Washer XXWoodbuming Stove * Landlord's written consent must be obtained before the installation or use ofa woodbuming stove. 9B. Tenant agrees to provide, at Tenant's expense, the following utilities and equipment: Required: Electrical Service, Litter Service If service desired by Tenant: Telephone and TV 10. ALTERATIONS AND IMPROVEMENTS. Tenant agrees that no alterations; installations, repairs or decoration (including painting, staining and applying other f'mishes) shall be done without Landlord's written consent. Such consent will not be unreasonably withheld. However, Landlord may require Tenant to return the Premises to its original condition when this Lease terminates or expires. In addition, Landlord may require that any change, alteration or improvement to the Premises will become a permanent part of the Premises which may not be removed upon the termination or expiration of this lease. Such changes or improvements will include, but not be limited to, locks, light fixtures, shutters, built-in shelves or bookcases, wall-to-wall carpeting, flowers and shrubs. 11. iNSPECTIONS AND ACCESS. Landlord may enter the Premises to make inspections, repairs, decorations, alterations or improvements, and to show the Premises to prospective tenants, purchasers, mortgagees, workers and contractors and shall have the right to erect or place "For Sale" or "For Rent" signs thereon. Except in case of emergency or when it is impractical to give notice, Landlord will give Tenant reasonable notice of Landlord's intent to enter and may enter the Premises only at reasonable times. 12. MOVE iN iNSPECTION. Within 5 days after Tenant takes possession of the Premises, Landlord agrees to provide Tenant with a list setting forth all of the defects and damages to the Premises, its equipment and appliances. The list shall be treated as correct unless Tenant objects to the list by written notice given to Landlord within five days after Tenant receives the list. 13. COVENANTS BY LANDLORD. Landlord covenants and agrees to maintain all electrical, plumbing, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in good and safe working condition; and comply with applicable building and housing code requirements materially affecting health and safety. Landlord's failure to comply with the above requirements will not be grounds for Tenant's termination of this Lease unless Tenant has given Landlord written notice of the defective condition and Landlord has failed to remedy the condition within 21 days. However, Tenant may not terminate the Lease if Tenant, a member of Tenant's family or some other person on the Premises with Tenant's consent intentionally or negligently caused the defective condition. Such defective conditions wilt be repaired at Tenant's expense. Any termination by Tenant shall be made in accordance with the section of this Lease concerning breach by Landlord. 14. COVENANTS BY TENANT. Tenant covenants and agrees to keep the Premises clean and safe; use all electrical, plumbing, heating, ventilating and air-conditioning facilities and appliances in a reasonable manner; conduct himself or herself, and require guests to conduct themselves, in a manner that will not disturb Tenant's neighbors; and to take care not to intentionally or negligently destroy, damage or remove any part of the Premises, and that he or she will not permit any person to do so. Tenant covenants and agrees to care for, maintain and repair the Premises, eqmpment, appliances and fixtures. Upon the expiration or termination of this Lease, Tenant agrees to deliver the Premises in good and clean condition, ordinary wear and tear excepted. Tenant agrees to pay the cost of all repairs and cleaning required by wear and tear beyond the ordinary. During the duration of this Lease, Tenant agrees to give Landlord prompt written notice of any defects in the Premises, its equipment, appliances and fixtures. If further damage occurs between the time Tenant learns that a defect exists and the time Landlord learns of such defect. Tenant will be liable for the costs of any repairs of such additional damage, which might have been avoided, had Tenant promptly notified Landlord of the defect. Tenant agrees to pay all costs resulting from the intentional or negligent destruction, damage or removal of any part of the Premises by Tenant or by any of Tenant's guest or other persons on the Premises with Tenant's consent. Tenant further agrees to release, indemnify, protect, defend and hold the County and City harmless from all liability, obligations, losses, claims, demands, damages, actions, suits, proceedings, costs and expenses, including attorney's fees, of any kind or nature whatsoever, whether suffered, made, instituted or asserted by any entity, party or person for any personal injury to or death of any person or persons and for any loss, damage or destruction of the Premises, arising out of, connected with, or resulting directly or indirectly from the negligent or intentional acts of Tenant, Tenant's guests or other persons on the Premises with the consent or permission of Tenant. The foregoing agreement to indemnify shall continue in full force and effect notwithstanding the termination of this Agreement. Tenant further agrees to release, indemnify, protect, defend and hold the County and City harmless from all liability, obligations, losses, claims, demands, damages, actions, suits, proceedings, costs and expenses, including attorney's fees, of any kind or nature whatsoever, whether suffered, made, instituted or asserted by any entity, party or person for any personal injury to or death of any person or persons and for any loss, damage or destruction of the Premises, arising out of, connected with, or resulting directly or indirectly from the negligent or intentional acts of Tenant, Tenant's guests or other persons on the Premises with the consent or permission of Tenant. The foregoing agreement to indemnify shall continue in full force and effect notwithstanding the termination of this Agreement. 15. TENANT TO CLEAN PREMISES WHEN LEASE ENDS. Upon the termination or expiration of this Lease, Tenant will remove all of Tenant's property from the Premises and deliver possession of the Premises, thoroughly clean and in good condition, reasonable wear and tear excepted, and in compliance with such reasonable condkions as may be set forth in Landlord's rules and regulations. Tenant's compliance with this section is necessary to insure that the Premises will be in good condition for the next tenants to whom Landlord leases the Premises. Tenant will be liable for any damages Landlord may suffer due to Tenant's failure to leave the Premises thoroughly clean and in good condition, reasonable wear and tear expected. 16. MOVE OUT INSPECTION. Upon the termination or expiration of this Lease, Landlord will inspect the Premises to determine whether Tenant has properly maintained the Premises and has left Premises thoroughly cleaned and in good condition, reasonable wear and tear excepted. Grease accumulation and unreasonable marks, holes, nicks or other injury to walls, ceilings, floors or appliances will not be considered ordinary wear and tear. This inspection will be made to determine what portion of the security deposit will be returned to Tenant and whether Tenant may be liable for damages exceeding the amount of the security deposit. This inspection will be made with 72 hours after the termination of Tenant's occupancy of the Premises. For the purposes of this section, the termination of Tenant's occupancy of the Premises will not be deemed to have occurred until all or substantially all of Tenant's property has been removed from the Premises. Tenant will have the right to be present during this inspection, provided Tenant gives Landlord written notice of Tenant's desire to be present during the inspection. Upon receiving such notice, Landlord will notify Tenant of the time and date when the inspection will be made. However, Tenant's delay in notifying Landlord of Tenant's desire to attend the inspection will not require Landlord to delay making the inspection more than 72 hours after the termination of Tenant's occupancy. If Tenant attends the inspection, an itemized list of damages known to exist at the time of the inspection will be provided to Tenant by Landlord immediately upon the completion of the inspection. 17. ABANDONMENT OF PROPERTY. Any personal property Tenant leaves on the Premises after the termination or expiration of this Lease may be treated by Landlord as abandoned property. Landlord will prepare an itemized list of such property and may immediately remove the property from the Premises and place it in storage for safekeeping for a period not less than one month from the date this Lease terminates and possession of the Premises is delivered to Landlord. Tenant may reclaim the property during this one-month period, provided that tenant pays the cost of its removal and storage. Upon expiration of the one-month period, Landlord will be free to dispose of the property as Landlord sees fit, provided written notice of Landlord's intent to dispose of the property is given to Tenant at least 10 days before such disposal occurs. This notice must be sent to Tenant's last known address, address 23 correction requested. In addition, Landlord must keep the itemized list of Tenant's property for two years after Landlord disposes of that property. Any funds received by Landlord from the disposal of Tenant's property may be applied to Tenant's indebtedness to Landlord for unpaid rent or other damages, including charges for removing, storing and selling the property. Any remaining funds will be treated as security deposit. 18. DAMAGE OR DESTRUCTION OF PREMISES. If, through no fault or negligence of Tenant or Tenant's guest, fire or other cause destroys or damages the Premises to the extent that Tenant's enjoyment is substantially impaired, Tenant may immediately vacate the premises and within I4 days thereafter give written notice to Landlord of Tenant's intention to terminate this Lease. In such cases, the Lease will terminate as of the date of termination of Tenant's occupancy and Landlord will return Tenant's security deposit, any interest required by law, and prepaid rent covering the period after Tenant vacated the Premises - subject to any set off for charges or damages Tenant owes to Landlord. If, through no fault or negligence of Tenant or Tenant's guests, fire or other cause damages the Premises to the extent that Tenant's enjoyment is somewhat impaired, though not substantially impaired, Landlord will have a reasonable period of time in which to repair the Premises. Landlord's duty to repair will not arise until Tenant gives Landlord written notice of the damage to the Premises. If Landlord fails to repair the Premises within a reasonable period of time after having received written notice from Tenant, Tenant will be entitled to a reduction in rent for that period of time beginning 30 days after notice was given to Landlord and ending on the date Landlord successfully repairs the Premises. In any dispute concerning Tenant~]s right to terminate this Lease or receive a rent reduction, Tenant will be required to prove that the condition of the Premises justifies such relief. 19. BODILY INJURY AND PROPERTY DAMAGE. Landlord is not an insurer of Tenant's person or property. Except to the extent provided by law, Landlord will not be liable to Tenant for any bodily injury or property damage suffered by Tenant or Tenant's guest. 20. RULES AND REGULATIONS. Tenant agrees to comply with Landlord's reasonable and non-discriminatory rules and regulations which concern the use and occupancy of the Premises, which intend to promote the convenience, safety or welfare to tenants or preserve Landlord's property from abusive conduct. Landlord agrees to give Tenant reasonable notice of any new rules or regulations before enforcing such rules and regulations against Tenant. 21. EARLY TERMINATION OF OCCUPANCY. Tenant will not be released from liability for all rent and other charges due under this lease unless Landlord signs a written statement on which Landlord agrees to release tenant from such liability. 22. EARLY TERMINATION OF LEASE BY MILITARY PERSONNEL. If Tenant is a member of the United States armed forces and (I) receives orders for a permanent change of station to depart 50 miles or more (radius) from the Premises or (ii) is prematurely and involuntarily discharged or relieved from active duty with the United States armed forces, Tenant may terminate this Lease by serving on Landlord a written notice of termination. This notice must state the date when termination will be effective and that date shall not be less than 30 days after the date Landlord receives the notice. In addition, the termination date shall not be more than 60 days prior to the date of departure necessary for Tenant to comply with the official orders or any supplemental instructions for interim training or duty prior to the transfer. Tenant's written notice of termination must be accompanied by a copy of the official orders. If Tenant exercises this right to terminate this Lease, Tenant shall be obligated for rent prorated to the date of termination. Rent for the f'mal month or portion thereof shall be due on the fn:st day of such month. On account of Tenant's early termination of this Lease, Landlord may require Tenant to pay liquidated damages as follows: (a) If Tenant has completed less than 6 months of the tenancy under this Lease as of the effective date of termination, liquidated damages may be no greater than one-month's rent. (b) If Tenant has completed at least 6 months but less than 12 months of the tenancy under this Lease as of the effective date of termination, liquidated damages may be no greater than one half of one month's rent. Any amount owed; as liquidated damages by Tenant shall be due on the first day of the month in which the effective termination date occurs. This section shall not relieve Tenant of any other liabilities, which have accrued as of the date of termination. 23. RENEWAL OR EXTENSION OF LEASE. This Lease will automatically terminate at the end of the lease term on the date on which Tenant's occupancy ends. The termination of this Lease will terminate Tenant's right to occupancy but it will not terminate any claims Tenant or Landlord may have arising out of events occurring during the Lease term or during any holdover by Tenant. No agreement renewing or extending this Lease will be effective unless that agreement is in writing and signed by Tenant and Landlord. If Tenant remains in possession of the Premises after the lease term is terminated or expires and Landlord consents to such holdover but does not enter into a written agreement extending this Lease or substituting a new written lease, Tenant shall have a month to month lease subject to termination by either party upon 30 days notice. The monthly rent during such holdover period shall be at the same rate as under this Lease or as otherwise agreed in writing. 24 24. ASSIGNMENT OR SUBLET. Tenant will not assign this Lease or sublet the Premises without Landlord's prior written consent, which will not be unreasonably withheld or delayed. Tenant agrees to pay Landlord a $ N/A fee if Tenant assigns or sublets the Premises, or any part thereof. No assignment or sublet will release Tenant from continuing liability for the full performance of this Lease unless Landlord signs a written statement clearly releasing Tenant from such liability. 25. BREACH BY TENANT. If (a) Tenant fails to pay rent within five days after the date when due, (b) Tenant commits a material breach of this Lease, (c) Tenant denies Landlord's exercise of any rights under this Lease or arising by law, (d) legal proceedings or begun by or against Tenant to levy upon or dispose of Tenant[Is leasehold interest in the Premises, or (e) the Premises is used by Tenant or others for any illegal purposes, Landlord will have the right to sue for rent and to enter and take possession through legal proceedings or, if the Premises is abandoned, to enter and take possession by any lawful means. In addition, Landlord will have the right to pursue all other remedies available, including a claim for damages. If Landlord pursues any such remedies (and regardless of whether such remedies are prosecuted to judgment), Tenant wilt be liable as follows: (a) For all past due rent and other charges (b) For all additional rent (future rent) that would have accrued until the expiration of the term of occupancy under this Lease or until a new lease term begins (provided (I) that this will not affect Landlord's duty to minimize the damages by making reasonable efforts to enter into a new lease as soon as practical, and (ii) that if Landlord obtains a judgment for future rent, Landlord shall apply as a credit towards that judgment all funds received by Landlord as rent for the Premises for these months for which the judgment for furore rent was awarded, (c) For all expenses Landlord may incur for cleaning, painting and repairing the Premises due to Tenant's failure to leave the Premises thoroughly clean and in good condition, reasonable wear and tear excepted; (d) For any court costs and reasonable attomeys fees incurred by Landlord (I) in collecting rent, other charges or damages, and (ii) in obtaining possession of the Premises; (e) For a collection fee equal to 25% of the judgment amount for rent, damages, court costs and attorneys fees. Tenant understands and agrees that this amount represents damages landlord will be likely to incur in efforts to obtain a judgment against Tenant (including time and effort spent in case investigation, correspondence, filling suit, discussions with lawyers, case preparation and court attendance) and to collect such a judgment. If Tenant has breached the Lease by failing to pay rent when due, Landlord shall give a written notice to Tenant stating that the Lease will terminate within 5 days if the rent is not paid. If Tenant fails to pay the rent within that 5 day period, Landlord may terminate the Lease and proceed to obtain possession of the Premises by filing an unlawful detainer proceeding. In that proceeding, Landlord may pursue a claim for rent and other damages. In connection with breaches other than failure to pay rent, if a material noncompliance with this Lease exists or if there is a violation materially affecting health and safety, Landlord may serve Tenant with a written notice stating that acts or omissions constituting the breach and stating (I) that the Lease will terminate upon a date not less than 30 days after Tenant receives the notice unless the breach is remedied within 21 days, and (ii) that the lease will terminate as set forth in the notice. If the breach is remedial by repairs or the payment of damages and Tenant adequately remedies the breach within 21 days or such longer period of time as Landlord may allow, the Lease shall not terminate. On the other hand, if the breach is not remedial, Landlord's written notice to Tenant may state the acts and omissions constituting the breach and state that the lease will terminate upon a specific date, which date may not be less than 30 days after Tenant receives the notice. 25. BREACH BY LANDLORD. If Landlord (a) commits a material breach of this Lease, or (b) fails to a substantial extent to comply with any laws with which Landlord must comply and which materially affect Tenant's health and safety, Tenant may give written notice to Landlord identifying the acts and conditions on the Premises concerning Landlord's breach and stating that this lease will terminate upon a specific date (which must be 30 days or more bom the date Landlord receives the notice) unless Landlord remedies the breach within 21 days. If Landlord remedies the breach within that 21 day period, this Lease will not be subject to termination by Tenant in that instance. Tenant will not have the right to terminate this Lease because of conditions caused by the intentional or negligent acts of Tenant or persons on the Premises with Tenant's consent. 26. RENT WITHHOLDING. Tenant may not withhold rent because of conditions on the Premises that Landlord is required to repair unless Tenant has given Landlord written notice of the condition and landlord has failed to successfully repair the condition within a reasonable period of time. If Tenant withholds rent because Landlord has breached the Lease, Tenant must immediately give Landlord a second written notice of the breach and of any conditions of the Premises which Landlord is required to remedy or repair and must state that rent is being withheld for such reasons. If Landlord then sues Tenant for possession of the Premises or for withheld rent, Tenant must promptly pay the rent to the court, which will hold the rent until it decides what portion, if any, should be paid to Landlord. If conditions exist which Landlord is required to remedy and which creates a fire hazard or serious threat to the health or safety of Tenant, Tenant may file an action in a court of competent jurisdiction to terminate the Lease, to require Landlord to repair the Premises, or to obtain other relief. In such and action, Tenant may pay rent to the court to be held until Tenant's action is decided. If Tenant withholds rent or pays rent into court under this section and the court fmds (a) that Tenant has acted in bad faith, (b) that Tenant, Tenant's family or guests have caused the conditions or have refused unreasonably to allow Landlord or Landlord's written notice of the condition, Tenant will be liable for Landlord's reasonable costs, including costs for time spent, court costs, any repair costs due to Tenant's violation of the Lease, and attorneys fees. 27. NOTICES. All notices in writing required or permitted by this Lease may be delivered in person, or sent by mail (postage prepaid) to Landlord, Tenant or Agent at such party's address, as set forth above or at such other address as a party may designate from time to time by notice given in accordance with the terms of this section. 25 28. HEADINGS. The headings of the sections of this Lease are inserted for convenience only and do not alter or amend the provisions that follow such headings. 29. GOVERNING LAW. This Lease is entered into and shall be construed under the laws of the State of Virginia. 30. SEVERABILITY. Any provision of this Lease which is prohibited by, or unlawful or unenforceable under, Virginia law shall be ineffective only to the extent of such prohibition without invalidating the remaining provisions of this Lease. 31. FAILURE TO ENFORCE LEASE NOT A WAIVER. Landlord's waiver of a breach by Tenant shall not be interpreted as a waiver of any subsequent breach or noncompliance, and this lease shall continue in full force and effect. 32. AMENDMENTS. This lease may not be amended or modified except by prior written consent of the Landlord. All amendments or modifications shall be in writing and signed by both parties. 33. ENTIRE AGREEMENT. This lease and Addendum attached hereto shall constitute the full and complete agreement between the parties, and no other writings or statements (other than amendments or modifications pursuant to Section 32) shall be of any consequence or have any legal effect. ADDENDUM TO LEASE AGREEMENT This Addendum is made and entered into this 15 day of October, 2001, by and between the City of Charlottesville (the "City"), the County of Albemarle (the "County") and Raymond Stephen Sutton(the "Tenant") and specifically modifies the Lease Agreement only to the following extent. The parties hereto agree that a residential lease agreement between the parties, dated October 15, 2001 also includes this addendum, as follows: 1. Rental payment for the period of October 15, 2001_ through October 15, 2002 will be $1,800.00_. As additional rent, the Tenant shall perform the following duties as long as he resides on the Property. The following duties may be modified as duties may be added or deleted by mutual written agreement between the County and City and the Tenant. Failure to perform the following duties on the part of the Tenant shall constitute a material breach by the Tenant under the Lease Agreement and shall entitle the Landlord to terminate this Lease or exercise any other remedy under this lease or available law. The Tenant Shall: (a) Assure the park entrance gate is opened and closed per posted times and at special requests; (b) Assist the public with information as needed; (c) Clean and stock restrooms and clean up and remove trash in parking lot and open areas; 26 (d) (e) In absence of park personnel, perform emergency repair or maintenance of park facilities and grounds, to the extent possible, and contact park personnel Mow and trim grass in park and on grass trails and around tenant house as outlined by Park Superintendent; The Tenant shall not be allowed to have pets or additional residents unless agreed to in writing by the Landlord. If such permission is granted the tenant agrees to be responsible for all damages to the property and third parties (persons and property) caused by pets or additional residents. It is understood that if this approval is given that it may be rescinded in the event a problem develops related to a pet or an additional resident. 4. The County and City reserve the right to request the Tenant to remove from the site any personal property that is inconsistent with the scenic natural beauty of the park (inoperable vehicles, appliances, etc.). 5. The County and City reserve the right to request the Tenant to cease any activity that is inconsistent with the park or surrounding neighborhood. 6. The Tenant is responsible for all utilities. 7. Landlord may terminate this lease for any reason by giving at least thirty (30) days written notice to Tenant. The Tenant shall not undertake improvements without prior written permission of the Landlord, and such improvements shall belong to the Landlord at the expiration of the Lease term or tenancy. 9. The County and City reserve the right to agree to certain modifications pertaining to the responsibilities during the term of the lease agreement. It is the intent of the County and City to delegate this responsibility to the Albemarle County Parks and Department, and its Director. foregoing tenant Recreation 10. The County and City further agree that, in the event tenant performs additional duties at the specific request of the County and City in connection with the property, or for any other reason in the sole discretion of the County and City, then an adjustment in the payment of rent under this lease agreement may be made, provided that any such modifications shall be effective only if in writing between the County, City and the tenant. It is the intent of the County and City to delegate this responsibility to the Albemarle County Parks and Recreation Department, and its Director. This Agreement is subject to and contingent upon approval of its terms by the Albemarle County Board of Superviors and Charlottesville City Council at public hearings to held in accordance with Virginia Code Section 15.2-1800(B). 27 Attachment H PLANNING CONDITIONS SP-2001-022 Laser Taq at Planet Fun No alcohol sales; Compliance with Sectio n 4.18.1 of the Zoning Ordinance; Uses shall be limited to go-cart track, batting cages, miniature golf, arcade, bumper boats, snack bar, laser tag, and children's play area; and, Hours of operation limited to 9:00 a.m. to 12:00 a.m. (midnight), except for Fridays and Saturdays when the facility may be operated from 9:00 a.m. to 1:00 a.m SP-2001-24. Baker After School Program The maximum number of, children enrolled in the private school shall not exceed fifteen (15) at any time; Two (2) adults shall supervise the children at all times; The children shall be transported to and from the property as a group, and the pick up or drop off of individual children shall not be permitted except for medical, family and weather-related emergencies; The days of operation shall be limited to two (2) days per week and the hours of operation shall be limited to 2:30 p.m. to 6:00 p.m. on the days of operation; Expansion of the facilities for the private school shall require an amendment to this special use permit; and, Approval by the Health Department for the private school shall be required prior to commencement of the private school. ZMA-2001-11 Pantops Place Proffer: Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning request. The proffers dated January 11, 2000, approved by the Albemarle County Board of Supervisors on January 12, 2000, consisting of a signed letter dated January 5, 2000 from the owners to Elaine Echols shall remain in place with one exception. Proffer 4b shall be replaced with the language below: 4.b, The applicant shall provide for access to the adjoining property described as Albemarle County Tax Map 78, pamel 55A3 if the owner of Pantops Mountain Road, Westminster Canterbury of the Blue Ridge or its assigns, agrees to provide such access over Pantops Mountain Road. If the owner of Tam Map 78 parcel 55A3 receives permission for such access from the owner of Pantops Mountain Road, use of this access will require approval as a private road under the Albemarle County Subdivision Ordinance. This accessway across Tax Map 78 parcels 55A1 and 55A5 shall be shown on the site plan for development of "Lot C". "Lot C" is shown on the attached plat entitled, "Subdivision Plat showing Lots A, B, and C for Tax Map 78 Parcels 55A(1) and 55A(5)" dated June 19, 2001 surveyed by Thomas B. Lincoln [on file in the Clerk's office]. 28 Attachment I ORDINANCE NO. 01-18(6) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE II, BASIC REGULATIONS, ARTICLE III, DISTRICT REGULATIONS, AND ARTICLE IV, PROCEDURE, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article I, General Provisions, Article II, Basic Regulations, Article III, District Regulations, and Article IV, Procedure, of the Code of the County of Albemarle are amended and reordained as follows: By Amending: Sec. 3.1 Sec. 4.6.2 Sec. 4.8.2 Sec. 4.9 Sec. 4.12.6.5 Sec. 4.12.6.6.1 Sec. 5.1.02 Sec. 5.1.06 Sec. 5.1.07 Sec. 5.1.09 Sec. 5.1.15 Sec. 5.1.17 Sec. 5.1.19 Sec. 5.1.25 Sec. 5.1.28 Sec. 5.3.8.4 Sec. 5.3.8.7 Sec. 10.1 Sec. 10.3.3.1 Sec. 27.2.1 Sec. 30.3.02.2 Sec. 30.5.6 Sec. 31.2.1 Sec. 31.2.3 Sec. 31.2.4.2.2 Sec. 31.2.4.3 Sec. 31.2.4.4 Sec. 32.4.2.7 Sec. 32.7.9.4 Sec. 33.0 Sec. 33.7 Sec. 33.8.1 Definitions Lots, determination of lot front Temporary mobile homes Buildings and structures: handicapped access Parking space size Determination of number of parking spaces required for unspecified uses Clubs, lodges Day care, nursery facility Home for developmentally disabled persons Fire, ambulance, rescue squad station (volunteer) Sawmill, temporary or permanent Tourist lodging Wayside stand Farm winery Borrow, fill or waste areas Pedestrian access Landscaping and screening Intent, where permitted Definitions By right Determination of floodway and floodway fringe in approximated flood plain Area and bulk regulations and options for bonus factors Permits required, conformance Certificates of occupancy; zoning compliance clearance Withdrawal of application Conditions Revocation Appeal and judicial review Contents Amendments Withdrawal of petitions Posting of property -- planning commission hearing By Adding: Sec. 32.4.2.8 Sec. 32.4.3.10 Application deemed withdrawn Application deemed withdrawn Chapter 18. Zoning 29 Article I. General Prowsions Sec. 3.1 Definitions The following definitions shall apply in the interpretation and enforcement of this chapter: Abattoir: See Slaughterhouse, custom. (Amended 10-3-01) Automobile Graveyard: See Junkyard. (Amended 10-3-01) Attached: When pertaining to structures, a physical connection to a structure by a structural element or structural feature. (Added 10-3-01) Building: Any structure having a roof supported by columns or walls. (Amended 10-3-01) Car wash: An establishment for cleaning motor vehicles where the cleaning is performed using equipment, supplies and water provided by the establishment. The use identified in this chapter as "automobile laundry" is a carwash. (Added 10-3-01) Cellar: (Repealed 10-3-01) Cluster development: A type of development design that concentrates lots in specific areas, does not exceed the gross density allowed within the zoning district, and allows the remaining land to be used for common open space. (Amended 7-17-85; 10-3-01) Condominium: Real property, and any incidents thereto or interests therein, lawfully submitted to the Condominium Act (Virginia Code § 55-79.39 et seq.) by the recordation of condominium instruments pursuant to the provisions of the Condominimn Act, and in which the undivided interests in the common elements are vested in the unit owners. (Added 10-3-01) Day Care, Child Care or Nursery Facility: See Day care center. (Amended 10-3-01) Day care center: An establishment operated for the purpose of providing care, protection and guidance to a group of six (6) or more children under the age of thirteen (13) during the absence of a parent or guardian during a part of a day, and includes those establishments commonly known as preschools and nursery schools. The term "day care center" does not include: (1) an establishment licensed and regulated as a summer camp pursuant to Virginia Code § 35.1-1 et seq.; (2) a school extended day enrichment program; (3) a school, unless such school is operating a day care center outside of regular classes; and (4) a Sunday school conducted by a religious institution or a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services. The uses identified in this chapter as "child care," "day care," "nurseries" (for children) and "nursery facilities" are day care centers. (Added 10-3-01) Detached: When pertaining to structures, the absence of a physical connection to a structure by a structural element or structural feature. (Added 10-3-01) Dormitory: (Repealed 10-3-01) Easement: A right to use the land of another in a particular manner and for a particular purpose. (Added 7- 20-88; Amended 10-3-01) Eating Establishment: See Restaurant. (Amended 10-3 -01) Family day home: A dwelling unit where care, protection and guidance is provided to a group of more than five (5) children under the age of thirteen (13), exclusive of the provider's family, during the absence of a 30 parent or guardian during a part of a day. A single-family dwelling having five (5) or fewer children is a single-family residential use. (Added 10-3-01) Fast Food Restaurant: See Restaurant. (Amended 10-3-01) Group home: A group home or other residential facility licensed by the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services in which more than eight (8) mentally ill, mentally retarded or developmentally disabled persons reside with one or more resident counselors or other staff persons. For purposes of this definition, the current illegal use of or addiction to a controlled substance as defined in Virginia Code § 54.1-3401 is neither a mental illness nor a developmental disability. A single-family dwelling having eight (8) or less mentally ill, mentally retarded or developmentally disabled persons is a single-family residential use. The use identified in this chapter as "home for developmentally disabled persons" is a group home. (Amended 10-3-01) Home for Developmentally Disabled Persons: See Group home. (Amended 10-3-01) Industrialized building: A combination of one or more sections or modules, subject to state regulation, and including the necessary electrical, plumbing, heating, ventilating and other service systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specified components, to comprise a finished building. For purposes of this def'mition, a manufactured home is not an :industrialized building. The structure and use identified in this chapter as "temporary nonresidential mobile home" is an industrialized building. (Added 10-3-01) Inoperable motor vehicle: (Added 6-10-87; Repealed 10-3-01) Inoperable vehicle: Any motor vehicle, trailer or semitrailer, as those terms are defined in Virginia Code § 46.2-100, which: (1) is not in operating condition; (2) for a period of sixty (60) days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for the operation of the vehicle; or (3) there is not displayed either valid license plates or a valid inspection decal. The vehicle identified in this chapter as "inoperative motor vehicle" is an inoperable vehicle. (Repealed 6-10-87; Added 10-3-01) Junk: Any scrap, discarded, dismantled or inoperable: vehicles, including parts or machinery thereof; household furniture and appliances; construction equipment and materials; tanks, containers, drums, and the contents thereof; and tires, pipes, wire, wood, paper, metals, rags, glass, plastic, food and related types of waste material. (Added 10-3-01) Junk yard: Any land or structure used for the abandonment, baling, collection, dismantling, maintenance, recycling, sale, salvaging, storage, or wreckage of junk. (Amended 10-3-01) Manufacture or manufacturing: The transformation of materials into an article or a product of substantially different character or use. (Amended 10-3-01) Manufactured home: A structure subject to federal regulation which is transportable in one or more sections; is eight (8) body feet or more in width and forty (40) body feet or more in length in the traveling mode, or is three hundred twenty (320) or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. The structure and use identified in this chapter as "mobile home" is a manufactured home. (Added 10-3-01) Mobile Home: (Amended 3-5-86; 11-11-92; Repealed 10-3-01) Museum: An establishment devoted to the procurement, care, study and display of objects of lasting value or interest. (Added 10-3-01) 31 Office: A room or group of rooms used for conducting the affairs of a business, profession, service industry, or government. The uses identified in this chapter as "administrative office" and "professional office" are offices. (Added 10-3-01) Private school: An institution of instruction not established and maintained at public expense, including colleges and universities, and those institutions providing art, culinary, cultural, drama, music, technical or vocational education or training. The uses identified in this chapter as "school of special instruction" and "technical and trade school" are private schools, except that in any zoning district where a private school is permitted by right, and a technical and trade school is permitted only by special use permk, those uses shall be separate. (Amended 10-3-01) Professional Office: See Office. (Amended 10-3-01) Proffer: A written condition voluntarily offered by the owner of land who has applied for a zoning map amendment that imposes a regulation or requirement that is in addition to the regulations otherwise applicable to the land under this chapter. (Added 10-3-01) Restaurant: An establishment wherein, for compensation, meals or beverages are served for consumption on or off the premises. The term "restaurant" includes, but is not limited to, those establishments commonly known as restaurants, fast food restaurants, coffee shops, cafeterias, cafes, lunchrooms, luncheonettes, hotel dining rooms, dinner theaters, taverns, and soda fountains. The term "restaurant" does not include a snack bar or refreshment stand at a public or nonprofit recreation facility, operated solely by the operator of the facility for the convenience of its patrons. Dancing by patrons shall be considered as entertainment accessory to a restaurant, provided the space available for such dancing shall not be more than one- eighth (1/8) of that part of the floor area available for dining. Provisions for dancing made available under this definition shall be subject to the permit requirements of Chapter 12 of the Code of Albemarle. The uses identified in this chapter as "eating establishment" and "fast food restaurant" are restaurants. (Amended 10-3-01 ) Service station: An establishment where gasoline or diesel fuel is stored, housed and sold for supply to motor vehicles, and may include accessory motor vehicle servicing within the principal building. The use identified in this chapter as "automobile service station" is a service station. (Added 10-3-01) School of Special Instruction: (Repealed 10-3-01) Site plan: A plan satisfying the requirements of section 32 of this chapter that delineates the overall scheme of development of one or more lots including, but not limited to, grading, engineering design, construction details and survey data for existing and proposed improvements. The document identified in this chapter as a site development plan is a site plan. (Added 10-3-01) Slaughterhouse, custom: An establishment for the slaughter of livestock from which no meat or other product of the slaughter is sold other than materials generally considered inedible for humans generated as waste or by-products of the slaughter including, but not limited to, blood, bones, viscera, and hides that may be sold for purposes of removal from the site. The use identified in this chapter as "abattoir" is a custom slaughterhouse. (Amended 10-3-01) Use: The purpose for which any land, water, or structure is devoted or occupied, or any activity performed on land, water or in a structure. (Added 10-3-01) Variance: A reasonable deviation from those provisions regulating the size or area of a lot, or the size, area, bulk or location of a structure when the strict application of this chapter would result in unnecessary or unreasonable hardship to the land owner, and the need for the variance would not be shared generally by 32 other lots, and provided that the variance is not contrary to the intended spirit and purpose of this chapter, and would result in substantial justice being done. (Added 10-3-01 ) (§ 3.t, 12-10-80, 7-1-81, 12-16-81, 2-10-82, 6-2-82, 1-1-83, 7-6-83, 11-7-84, 7-17-85, 3-5-86, 1-1-87, 6-10-87, 12- 2-87, 7-20-88, 12-7-88, 11-1-89, 6-10-92, 7-8-92, 9-15-93, 8-10-94, 10-11-95, 11-15-95, 10-9-96, 12-10-97; Ord. 01-18(6), 10-3-01 ) Article II. Basic Requlations Sec. 4.6.2 Lots, determination of lot front Lot fronts shall be determined as follows: (Added 10-3-01) a. On interior lots, the lot front shall be the portion abutting the street. (Amended 10-3-01 ) b. On comer lots, the lot front shall be both portions abutting the street. (Amended 10-3-01) c. On double frontage lots, the lot front shall be determined by observing the prevailing building pattern or, if a prevailing building pattern has not been established, the prevailing lotting pattern. If neither building or lotting patterns exist, the lot front shall be the narrower boundary abutting the street. (Amended 10-3-01) Sec. 4.8.2 Temporary industrialized buildings Temporary industrialized buildings shall be permitted only in accordance with the provisions of section 5.7 and section 5.8 of this chapter. (Amended 3-5-86; 10-3-01) Sec. 4.9 Handicapped access Nothwithstanding any other regulation of this chapter, ramps or other modifications to a lot or structure, which are the minimum required under the Americans with Disabilities Act to serve handicapped persons, are authorized in all zoning districts. (Amended 10-3-01) Sec. 4.12.6.5 Parking space size Each off-street parking space shall meet the minimum requirements (in feet) as specified below: (Amended 10-3-01) Parking Minimum Minimum Aisle Space Width Length Minimum Width a. (option) 10 18 20 b. (option) 9 18 24 c. In conjunction with section 4.12.6.5, perpendicular parking shall be favored. Where practical considerations warrant, the commission may authorize other angled, curvilinear and/or parallel parking. Parking space and aisle dimensions for other angled, curvilinear and parallel parking shall be reviewed and approved by the director of planning and commtmity development. (Amended 6-14-89) d. Where adequate planting islands or other such features other than sidewalks are employed to separate rows of parking spaces, not more than two (2) feet may be deducted from the minimum length requirements stated above in order to compensate for overhang. All parking spaces shall be designed so that no part of any vehicle shall extend over any property line, right-of-way line, sidewalk, walkway, driveway or aisle space. e. The number, location and dimensions of fully-accessible parking spaces, and the provision of access aisles, curb ramps, signage and other specifications for those spaces shall be as required by the Americans 33 with Disabilities Act and the current editions of the Americans with Disabilities Act Accessibility Guidelines and the Virginia Uniform Statewide Building Code. (Amended 11-16~83; 10-3-01) Sec. 4.12.6.6.1 Determination of number of parking spaces required for unspecified uses Where minimum parking or loading space is not specified herein for particular uses/structures or mixes of uses, or where conflicts exist between schedule and general requirements, the zoning administrator shall determine requirements appropriate to the use/structure guided by characteristics of the proposed use including anticipated employment, number of residents and/or visitors, by requirements for similar uses or mixes and other relevant considerations. More specifically, the zoning administrator shall be guided by the following for uses not specified in section 4.12.6.6.2. (Amended 11-16-83) a. For each commercial use of a retail character: One (1) space per each one hundred (100) square feet of retail sales for the first five thousand (5,000) square feet and one (1) space per each two hundred (200) square feet of retail sales area above five thousand (5,000) square feet. (Amended 7-20-88) b. For commercial uses of a wholesaling and/or warehousing character: One (1) space per two (2) employees plus one (1) space per each five hundred (500) square feet of floor area open to the public for customer parking, but in all cases a minimum of two (2) customer parking spaces. c. For uses of an industrial character: One (1) space per two (2) employees on the major work shift plus one (1) space per five hundred (500) square feet open to the public for customer parking, but in all cases a minimum of two (2) customer parking spaces. d. For uses of an office character: One (1) space per two hundred (200) square feet of net office floor area. For purposes of this paragraph, net office floor area shall be deemed to be: (i) eighty (80) percent of the gross floor area; or (ii) the actual net office floor area as shown on floor plans submitted by the applicant, delineating the actual net office floor area, which plans shall be binding as to the maximum net floor area used. (Amended 10-3-01) e. For uses of public assembly (indoor or outdoor) character: One (1) space per four (4) fixed seats or per seventy-five (75) square feet of place of assembly whichever shall be greater. f. For dwelling units: Two (2) spaces per unit. g. For recreational uses not specified: One (1) space per one hundred twenty-five (125) square feet of usable recreational area. h. Other permitted uses: A total number of spaces sufficient to accommodate the vehicles of all employees of the establishment plus those of all persons who may be expected to visit the same at any one time. Sec. 5.1.02 Clubs, lodges. Each club or lodge shall be subject to the following: a. Regardless of any zoning district regulations, gun clubs and shooting ranges shall be permitted by special use permit only; (Amended 10-3-01) b. Subordinate uses and fund-raising activities such as bingo, raffles and auctions-may be conducted outdoors during daylight hours and shall be conducted in an enclosed buildings at all other times (Amended 6-14-00; 10-3-01) Sec. 5.1.06 Day care center, family day home Each day care center or family day home shall be subject to the following: (Added t0-3-01) 34 a. No such use shall operate without the required licensure by the Virginia Department of Social Services. It shall be the responsibility of the owner/operator to transmit to the zoning administrator a copy of the original license. Failure to do so shall be deemed willful noncompliance with the provisions of this chapter; (Amended 10-3-01) b. Periodic inspection of the premises shall be made by the Albemarle County fire official at his discretion. Failure to promptly admit the fire official for such inspection shall be deemed willful noncompliance with the provisions of this chapter; (Amended 10-3-01) c. These provisions are supplementary and nothing stated herein shall be deemed to preclude application of the requirements of the Virginia Department of Social Services, Virginia Department of Health, Virginia State Fire Marshal, or any other local, state or federal agency. (Amended 10-3-01) Sec. 5.1.07 Group homes Each group home shall be subject to the following: (Added 10-3-0t) a. Conditions may be imposed on such homes to insure their compatibility with other permitted uses, but such conditions shall not be more restrictive than those imposed on other dwellings in the same districts unless such additional conditions are necessary to protect the health and safety of the residents of such homes; b. Each group home shall be subject to Albemarle County fire official review. (Amended 10-3-01) Sec. 5.1.09 Fire, ambulance, rescue squad station (volunteer). Each fire, ambulance or rescue squad station (volunteer) shall be subject to the following: a. Any such use seeking public funding shall be reviewed by the commission in accordance with section 31.2.5. Specifically, the commission shall f'md that the proposed service area is nor already adequately served by another such facility. In addition, the commission shall consider: growth potential for the area; relationship to centers of population and to high-value property concentrations; and access to and adequacy of public roads in the area for such use. The commission may request recommendation from the Albemarle County fire official and other appropriate agencies in its review; b. Subordinate uses and fund-raising activities such as bingo, raffles and auctions may be conducted outdoors during daylight hours and shall be conducted in an enclosed building at all other times. (Amended 6-14-00; 10-3-01) Sec. 5.1.15 Sawmill, temporary or permanent Each temporary or permanent sawmill shall be subject to the following: (Added 10-3-01 ) a. No structure and no storage of lumber, logs, chips or timber shall be located closer than one hundred (100) feet to any lot line. Trees and vegetation within the one hundred (100) foot setback shall be maintained as a buffer to adjoining properties and uses, provided that during the last three months of operation such trees may be removed; b. No saw, planer, chipper, conveyor, chute or other like machinery shall be located closer than six hundred (600) feet to any dwelling on other property in the area; c. No sawing, planing, chipping or operation of other processing machinery shall occur between 7.00 p.m. and 7:00 a.m. No loading/unloading of wood/wood products shall occur between 12:00 midnight and 7:00 a.m.; 3S d. All timbering and milling operations, including reforestation/restoration and disposal of snags, sawdust and other debris, shall be conducted in accordance with Title 10.1 of the Virginia Code and the regulations of the Virginia Department of Forestry; (Amended 10-3-01) 10-3-01) All such operations shall be subject to the noise limitation requirements of section 4.18. (Amended Sec. 5.1.17 Tourist lodging The zoning administrator shall issue a zoning compliance clearance for tourist lodging provided that the Albemarle County fire official and the Virginia Department of Health issue their approvals for the use, and all other applicable requirements of this chapter are satisfied. (Amended 10-3-01 ) Sec. 5.1.19 Wayside stand Each wayside stand shall be subject to the following: (Added 10-3-01) a. Structures for wayside stands, including vehicles, shall not exceed six hundred (600) square feet in aggregate floor area nor be located closer than thirty-five (35) feet to any public road right-of-way; b. No wayside stand shall be established without approval of a preliminary site plan by the director of planning. In reviewing the plan, the director of planning shall give particular attention to provisions for safe and convenient access from and to the public road and adequacy of delineation of parking. No such plan shall be approved until the Virginia Department of Transportation approves the commercial access to the site. (Amended 10- 3-01) Sec. 5.1.28 Borrow, fill or waste areas Each borrow, fill or waste area shall be subject to the following: (Added 10-3-01) a. No grading permit shall be issued for any borrow, fill, or waste area activity exceeding an aggregate volume often thousand (10,000) cubic yards on any one parcel of record on the adoption date of this provision until, in addition to approval of a grading plan, the county engineer has approved a plan and/or narrative for such activity in accordance with the following requirements: 1. The site, both during and after such activity, shall be shaped and sloped for proper drainage in accordance with sections 4.3 and 30.4.13 of this chapter; (Amended 10-3-01) 2. No such activity shall occur in any flood plain area except in accordance with section 30.3 of this chapter nor within three hundred (300) horizontal feet of the edge of any water supply impoundment or tributary thereof without approval of the watershed management official. Provision shall be made for the minimization of ground and surface water contamination; (Amended 10-3-01) 3. All vehicles used to transport excavated or waste materials shall be loaded in such manner that the material cannot be unintentionally discharged from the vehicle. All such vehicles shall be cleaned of all material not in the load-bed prior to entering onto any public road; 4. The area of such activity and access roads thereto shall be treated or maintained in such a manner as to prevent dust or debris from blowing or spreading onto adjacent properties or public streets. Depending on the anticipated intensity and duration of the activity and the character of development of adjoining properties, the zoning administrator may require, for the protection of adjoining properties, public roads, and public safety, such setback, fencing and/or landscaping requirements as deemed appropriate; provided that the same shall not exceed the requirements of sections 30.4.6, 30.4.7 and 30.4.9 of this chapter; (Amended 10-3-01) 36 5. Operations involving power equipment of an industrial type shall be limited to the hours of 7:00 a.m. to 9:00 p.m. except in cases of a public emergency as determined by the director of emergency services for the county. Blasting operations shall be restricted to Monday through Friday between 8:00 a.m. and 5:00 p.m.; 6. Regarding lateral support, all operations shall be conducted in a safe manner with respect to the likelihood of hazard to persons, physical damage to adjacent land and improvements, and damage to any public street by reason of slides, sinking, or collapse; 7. Fill and waste areas shall only be for the disposal soil and rock. Disposal of trash and garbage, as defined in section 13-100 of the Code of Albemarle, shall be accomplished in accordance with the requirements of Chapter 13 of the Code of Albemarle; (Amended 10-3-01) 8. Provision shall be made for site reclamation including but not limited to restoration approximating natural contours and establishment of permanent vegetative ground cover. Such reclamation shall commence within fifteen (15) days of completion of borrow, fill or waste activity, provided reclamation activities of a seasonal nature shall be completed by a date to be established by the county engineer. b. In the case of fill or waste activity, the county engineer may refer such plan to the Waste Division of the Virginia Department of Environmental Quality for comment and recommendation. The county engineer may require additional information and plans from the applicant to facilitate such review. (Amended 10-3-01) c. In lieu of a plan and narrative as required by this section, the county engineer may accept a contractual agreement between the Virginia Department of Transportation and its contractor for a public road project; provided that the county engineer shall determine that such agreement satisfies at least to an equivalent extent the requirements and intent of this section. (Amended 10-3-01) d. The zoning administrator may require posting of a bond in an amount adequate to insure compliance with the requirements of this section prior to commencement of such activity. (Added 7-6-83) Sec. 5.1.25 Farm winery Each farm winery shall be subject to the following: The owner shall obtain a farm winery license from the State Alcoholic Beverage Control Board. At least fifty-one (51) percent of the fresh fruits or agricultural products used by the owner to manufacture the wine shall be grown or produced on the farm, unless the State Alcoholic Beverage Control Board waives such requirement; (Added 4-1-98) b. Facilities for fermenting and/or bottling wine shall not be established until the vineyard, orchard or other growing area has been established and is in production; (Added 12-16-81) The following uses and activities are permitted at a farm winery, with the prior approval of a site plan as provided in subsection (d). Special events and festivals are also subject to the additional requirements set forth in subsection (e): (Added 4-1-98) On-premise sale of wine and wine consumption. One location may be established on each farm for the on-premise sale of wine and wine consumption. The aggregate total floor area for such sales and consumption shall not exceed fifteen hundred (1500) square feet. A special use permit issued pursuant to section 31.2.4 of this chapter may authorize the aggregate floor area to exceed fifteen hundred (1500) square feet; (Added 12-16-81; Amended 1-1-84; 4-1-98) 2. Daily tours. Daily tours ora farm winery shall be permitted; (Added 1-I-84; Amended 4-1-98) o Special events. Special events shall be permitted up to twelve (12) times per year. For purposes of this section, a special event is an event conducted at a farm winery on a single day for which attendance is allowed only by invitation or reservation and whose participants do not exceed one 37 hundred fifty (150) persons; special events include, but are not limited to, meetings, conferences, banquets, dinners, wedding receptions, private parties and other events conducted for the purpose of marketing wine. A special use permit issued pursuant to section 31.2.4 of this chapter may authorize the number of special events per year m exceed twelve (12), or the number of allowed participants at any event to exceed one hundred fifty (150), or both; (Added 4-1-98) Festivals. Festivals shall be permitted up to four (4) times per year. For purposes of this section, a festival is an event conducted at a farm winery for up to three (3) consecutive days which is open to the general public and conducted for the purpose of marketing wine. (Added 4-1-98) A use or activity identified in subsection (c) is authorized only with the prior approval of a site plan. Prior to approval of the site plan, the owner shall obtain from the Virginia Department of Transportation approval of a commercial entrance to the farm winery, and any required approval from the local office of the Virginia Department of Health. If a site plan waiver is requested, particular consideration shall be given to provisions for safe and convenient access, parking, outdoor lighting, signs and potential adverse impacts to adjoining property, and reasonable standards and conditions may be imposed as conditions of such waiver; (Added 4-1-98) Special events and festivals shall be also subject to the following: (Added 4-1-98) The owner shall obtain a zoning clearance prior to conducting a festival at which more than one hundred fifty (150) persons will be allowed to attend. A single zoning clearance may be obtained for one (1) or more such festivals as provided herein: (Added 4-1-98) The owner shall apply for a zoning clearance at least thirty (30) days prior to the date of the first festival to be authorized by the zoning clearance. The application shall be submitted m the zoning administrator, who shall forward copies of the application to the county police department, the county £n'e and rescue division, and the local office of the Virginia Department of Health; (Added 4-1-98) The application shall describe the nature of each festival to be authorized by the zoning clearance, the date or dates and hours of operation of each such festival, the facilities, buildings and structures to be used, and the number of participants allowed to attend each festival; (Added 4-1-98) Upon a determination that all requirements of the zoning ordinance are satisfied and upon receiving approval, and any conditions of such approval, from the other county offices receiving copies of the application, the zoning administrator shall issue a zoning clearance for one or more festivals. The zoning clearance shall be conditional upon the owner's compliance with all requirements of the zoning ordinance and all conditions imposed by the zoning clearance; (Added 4-1-98) The zoning administrator may issue a single zoning clearance for two (2) or more festivals if: (i) the application submitted by the owner includes the required information for each festival to be covered by the zoning clearance: (ii) the zoning administrator determines that each such festival is substantially similar in nature and size; and (iii) the zoning administrator determines that a single set of conditions that would apply to each such festival may be imposed with the zoning clearance. (Added 4-1-98) No kitchen facility permitted by the Health Department as a commercial kitchen shall be allowed on the farm. A kitchen may be used by licensed caterers for the handling, warming and distribution of food, but not for cooking food, to be served at such special event or festival; (Added 4-1-98) 3. gm outdoor amplified sound system shall be prohibited. (Added 4-1-98) 38 See. 5.3.8.4 Pedestrian access The requirements of section 32.7.2.8 shall be met. (Amended 10-3-01) Sec. 5.3.8.7 Landscaping and screening The requirements of section 32.7.9 shall be met. In addition, screening may be required in accordance with section 32.7.9.8(a) around the entire perimeter of the park, or part thereof, except where adequate vegetation already exists and a conservation plan has been submitted in accordance with section 32.7.9.4(b). (Amended 10-3-01) Article III. District Requlations Sec. 10.1 Intent, where permitted This district (hereafter referred to as RA) is hereby created and may hereafter be established by amendment of the zoning map for the following purposes: (Amended 11-8-89) -Preservation of agricultural and forestal lands and activities; -Water supply protection; -Limited service delivery to the rural areas; and -Conservation of natural, scenic, and historic resources. (Amended 11-8-89) Residential development not related to bona fide agricultural/forestal use shall be encouraged to locate in the urban area, communities and villages as designated in the comprehensive plan where services and utilities are available and where such development will not conflict with the agriculmral/forestal or other rural objective. Where development does occur, rural residents should expect to receive a lower level of service delivery than will be provided to residential developments in designated growth areas. In relation m residential development, agricultural/forestal activities shall be regulated only to the extent necessary to protect public health and safety. (Added 11-8- 89; Amended 10-3-01)) In regard to agricultural preservation, this district is intended to preserve the county's active farms and best agricultural and forestal lands by providing lot areas designed to insure the continued availability of such lands for preferential land use tax assessment in order to enhance the economy, and maintain employment and lifestyle opportunities. In addition, the continuation and establishment of agriculture and agriculturally-related uses will be encouraged, and landowners will be encouraged to employ Virginia State Water Control Board best management practices. (Amended 11-8- 89) Sec. 10.3.3.1 Definitions (Added 11-8-89) The following definitions shall apply to any rural preservation development created under section 10.3.3: (Amended 10-3-01) a. Development Lot: A lot within a rural preservation development, other than a rural preservation tract, created for the purpose of residential or other permitted usage. b. Rural Preservation Development: A subdivision of land consisting of development lots together with a rural preservation tract. 39 c. Rural Preservation Tract: A lot, the usage and diminishment of which is restTicted and protected by legal arrangements to insure its maintenance and preservation for the purpose of: preservation of agricultural and forestal land and activity; water supply protection; and/or conservation of natural, scenic or historic resources. Sec. 27.2.1 By right Except as otherwise limited by section 27.2.2.10, the following uses shall be permitted in any LI district subject to the requirements and limitations of these regulations: (Amended 2-13-85) 1. Compounding of drugs, including biological products, medical and chemical as well as pharmaceutical 2. Fire and rescue squad stations (reference 5.1.9). 3. Manufacture, processing, fabrication, assembly, distribution of products such as but not limited to: (Amended 12-2-81; 2- 20-91) -Artists' supplies and equipment. -Business, office machines and equipment. -Cosmetics, including perfumes, perfumed toiletries and perfumed toilet soap. -Drafting supplies and equipment. -Electrical lighting and wiring equipment. -Electrical and electronic equipment and components including radio, telephone, computer, communication equipment, TV receiving sets, phonographs. -Food products, such as bakery goods, dairy products, candy, beverages, including bottling plants. -Gifts, novelties including pottery, figurines and similar ceramic products. -Glass products made of purchased glass. -Industrial controls. -Jewelry, silverware. -Light machinery and machine parts, including electrical household appliances but not including such things as clothes washers, dryers and refrigerators. -Musical instruments. -Paper products such as die-cut paperboard and cardboard, sanitary paper products, bags and containers. -Photographic equipment and supplies including processing and developing plant. -Rubber, metal stamps. -Small electrical parts such as coils, condensers, transformers, crystal holders. -Surgical, medical and dental instruments and supplies. 4O -Toys, sporting and athletic equipment, except firearms, ammunition or fireworks. -Watches, clocks and similar timing devices. -Wood cabinets and furniture, upholstery. Publishing, printing, lithography and engraving, including but not limited to newspapers, periodicals and books. 5. Preparation of printing plates including typesetting, etching and engraving. 6. Research and development activities including experimental testing. 7. Scientific or technical education facilities. 8. Assembly and fabrication of light aircraft from component parts manufactured off-site. 9. Contractor's office and equipment storage yard. 10. Engineering, engineering design, assembly and fabrication of machinery and components, including such on-site accessory uses as machining, babbitting, welding and sheet metal and excluding such uses as drop hammering and foundry. (Amended 10-3-01) 11. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 12. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivauna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 13. Temporary construction uses (reference 5.1.18). 14. Business and professional office buildings. 15. Dwellings (reference 5.1.21). (Added 4-17-85) 16. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86) 17. Warehouse facilities and wholesale businesses not involving storage of gasoline, kerosene or other volatile materials; dynamite blasting caps and other explosives; pesticides and poisons; and other such materials which could he hazardous to life in the event of accident. (Added 12-2-87) Sec. 30.3.02.2 Determination of floodway and floodway fringe in the approximated flood plain Except for such uses permitted in the floodway in accordance with section 30.3.5, no use, structure or building shall be established and no rezoning petition, site development plan, subdivision plat, building permit or other county approval shall be given for lands located within any approximated flood plain, prior to verification by the county engineer as to the limits of the floodway and floodway fringe within such lands. In his determination of the limits of the floodway and floodway fringe, and one hundred year flood elevation, the county engineer may request assistance from the Federal Insurance Administration, the United States Army Corps of Engineers, and such other qualified agencies and persons as he deems appropriate. The county engineer shall require the applicant to 41 provide such information as he deems reasonably necessary to make his determination. The cost of such determination shall be borne entirely by the applicant. Sec. 30.5.6 Area and bulk regulations and options for bonus factors Area and bulk regulations and options for bonus factors shall be as for and subject to the district regulations of the underlying basic and/or other overlay districts as cited in section 30.5.2, except that the following limitations shall apply: Except as herein otherwise expressly provided, no buildings or structures other than necessary accessory appurtenant fences and/or walls shall be constructed within sixty-five (65) feet of the edge of any designated stream at mean annual flow level. In addition, within sixty-five (65) feet of the edge of any designated stream at mean annual flow level, there shali be no excessive cutting of any forested area. Any such forested area shall be deemed to have been excessively cut if, as a result of any cutting operation or series or combination of operations, the area of the canopy of such forested area shall be reduced by more than twenty-five (25) percent on any one parcel of land as determined by reference to the aerial photographs of such area taken in December 1980 and owned and maintained by the county, provided that any cutting not prohibited by this section shall be done in such a manner as to maintain insofar as possible a uniform density of trees throughout the entire portion of any land parcel affected hereunder. Area within any such district may be part of a lot and countable for purposes of area, density and yard requirements unless otherwise prohibited within this chapter. (Amended 9-9-92; 10-3-01) If any requirement of chapter 17 is more restrictive than any requirement in this section 30.5.6, then the requirement in chapter 17 shall apply. (Added 10-3-01) Article IV. Procedure Sec. 31.2.1 Permits required; conformance Buildings or structures shall be started, reconstructed, enlarged or altered only after a building permit has been obtained from the building official. No building permit or certificate of occupancy shall be issued in violation of zoning or other local ordinances. (Amended 10-3-01) Sec. 31.2.3.1 Certificate of occupancy It shall be unlawful to use or permit the use of any structure or premises, or part thereof, hereafter created, erected, changed, converted, altered or enlarged, wholly or partly in its use or structure, until a certificate of occupancy indicating completion of the work for which a permit was issued, is issued therefor by the zoning administrator. Final inspection approval or approvals may serve as the certificate of occupancy for any addition or alteration to a structure for which a certificate of occupancy has already been issued. The certificate shall show that the structure, premises or pan thereof, and the proposed use thereof, is in conformity with the provisions of this chapter. (Amended 10-3-01) When structures are completed and ready for occupancy prior to the completion of all improvements required by the site plan, and the zoning administrator determines that the site may be occupied consistently with the public health, safety and welfare: (Amended 10-3-01) a. Except as provided in subsection (c), the owner may provide a certified check, bond with surety satisfactory to the county, a letter of credit satisfactory to the county, or other form of surety satisfactory to the county approved by the county attorney, in an amount sufficient for and conditioned upon the completion of the improvements related to the structure for which the permit is sought, within one (1) year. upon the providing of such bond with surety, a permit may be issued for the occupancy of those structures already completed. (Added 10-3-01) b. The board of supervisors may extend the period of the surety if the applicant demonstrates that the extension is required because of adverse weather conditions or other unusual circumstances beyond the applicant's control, rather than the applicant's failure to diligently pursue completion or other reasons. (Added 10-3-01) 42 c. A certificate of occupancy shall not be issued, and a surety shall not be accepted, if the zoning administrator determines that improvements directly related to health and safety, such as fire hydrants and safe and convenient access to public roads, have not been completed and are not operational. (Added 10-3-01)' Sec. 31.2.3.2 Zoning compliance clearance An occupant shall obtain a zoning compliance clearance from the zoning administrator when: (I) a new commercial or industrial use is tn'st established on a parcel; (2) an existing commercial or industrial use is changed or intensified; or (3) the occupant of a non-residential use changes. The zoning compliance clearance shall be issued only if the zoning administrator determines that the structure or premises and its use comply with the requirements of this chapter. For purposes of this section, production agriculture is not a commercial or industrial use; a home occupation is a commercial use. (Added 9-9-92; Amended 10-3-01) Sec. 31.2.3.3 Authority not to issue certificate of occupancy or zoning compliance clearance Notwithstanding sections 31.2.3.1 and 31.2.3.2, nothing contained herein shall be deemed to obligate the zoning administrator, following review of any building or premises, to issue a certificate of occupancy or zoning compliance clearance in any case in which the zoning administrator determines that additional improvements are necessary as precedent to issuing a certificate of occupancy or a zoning compliance clearance to protect the public health or safety, whether or not the improvements are shown on the approved site plan. (Added 9- 9-92; Amended 10-3-01) Sec. 31.2.4,2.2 Withdrawal of application An application shall be withdrawn, or be deemed to be withdrawn, as provided herein: (Added 10-3-01) a. An application filed pursuant to section 31.2.4.2 above may be withdrawn upon written request by the applicant. The written request must be received by the body considering the application prior to it beginning consideration of the matter on the meeting agenda. Upon receipt of the request for withdrawal, processing of the application shall cease without further action by the commission or the board. Substantially the same application shall not be reconsidered within twelve (12) months of the date of the withdrawal unless the body considering the application at the time of withdrawal specifies that the time limitation shall not apply. (Added 6-19-96; Amended 10-3-01) b. If the applicant requests that further processing or formal action on the application be indefinitely deferred, the application shall be deemed to have been voluntarily withdrawn by the applicant if the commission or the board does not take action on the application within twelve (12) months after the date the deferral was requested. Upon written request received by the director of planning and community development before the application is deemed to be withdrawn, the director may grant one extension of the deferral period for a period determined to be reasonable, taking into consideration the size or nature of the proposed use, the complexity of the review, and the laws in effect at the time the request for extension is made. (Added 10-3-01) Sec. 31.2.4.3 Conditions The board of supervisors may impose upon any such permit such conditions relating to the use for which such permit is granted as it may deem necessary in the public interest and may require a bond with surety or other approved security to ensure that the conditions so imposed shall be complied with. Such conditions shall relate to the purposes of this ordinance, including, but not limited to, the prevention of smoke, dust, noise, traffic congestion, flood and/or other hazardous, deleterious or otherwise undesirable substance or condition; the provision of adequate police and fire protection, transportation, water, sewerage, drainage, recreation, landscaping and/or screening or buffeting; the establishment of special requirements relating to the building setbacks, front, side and rear yards, off- street parking, ingress and egress, hours of operation, outside storage of materials, duration and intensity of use, building height and/or other particular aspects of occupancy or use. Except as the board of supervisors may otherwise specifically provide in a particular case, any condition imposed under the authority of this section shall be deemed to be essential to and nonseverable from the issuance of the permit itself. (Amended 10-3-01) 43 Sec. 31.2.4.4 Revocation Any special use permit issued pursuant to this chapter may be revoked by the board of supervisors, after notice and hearing pursuant to Virginia Code § 15.2-2204, for willful noncompliance with this chapter or any conditions imposed under the authority of section 31.2.4.3. If the use, structure or activity for which a special use permit is issued is not commenced within twenty-four (24) months after the permit is issued, the permit shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section, if the use authorized by the permit requires the construction of one or more structures, the term "commenced" means the starting the lawful physical construction of any structure necessary to the use authorized by the permit within twenty-four (24) months after the permit is issued. The board of supervisors may, as a condition of approval, an alternative period in which to commence the use, structure or activity as may be reasonable in a particular case. A determination that a permittee has commenced a use, structure or activity under this section is not a determination that the permittee has acquired a vested right under Virginia Code § 15.2-2307. (Amended 10-3-01) Sec. 32.4.2.7 Appeal and iudicial review If the agent or the commission disapproves a preliminary site plan, such action shall be subject to iudicial review as provided in Virginia Code § 15.2-2260. Nothing herein shall preclude the developer from first appealing the decision of the agent or commission to the board of supervisors, provided that such appeal is submitted in writing in the office of the agent within ten (10) calendar days after the date of such disapproval. The board of supervisors may affirm, reverse or modify in whole or in part, the decision of the agent or the commission. In so doing, the board of supervisors shall give due consideration to the recommendations of the agent, the site review committee or the commission. In addition, it may consider such other evidence as it deems necessary for a proper review of the application. (Amended 10-3-01) Sec. 32.4.2.8 Application deemed withdrawn If the applicant requests that further processing or formal action on the application for a preliminary site plan be indefinitely deferred, the application shall be deemed to have been voluntarily withdrawn by the applicant if the agent, commission, or board does not take action on the application within six (6) months after the date the deferral was requested. Upon written request received by the director of planning and community development before the application is deemed to be withdrawn, the director may grant one extension of the deferral period for a period determined to be reasonable, taking into consideration the size or nature of the proposed development, the complexity of the review, and the laws in effect at the time the request for extension is made. (Added 10-3-01) Sec. 32.4.3.10 Application deemed withdrawn If the applicant requests that further processing or formal action on the application for a f'mal site plan be indefinitely deferred, the application shall be deemed to have been voluntarily withdrawn by the applicant if the agent, commission, or board does not take action on the application within six (6) months after the date the deferral was requested. Upon written request received by the director of planning and community development before the application is deemed to be withdrawn, the director may grant one extension of the deferral period for a period determined to be reasonable, taking into consideration the size or nature of the proposed development, the complexity of the review, and the laws in effect at the time the request for extension is made. (Added 10-3-01) Sec. 32.7.9.4 Contents The landscape plan shall show the following: a. The location, size and type of all proposed plant materials, and verification that minimum landscaping and screening requirements have been satisfied. Plant materials may be indicated in the following generic terms on the landscape plan: large or medium shade tree; screening tree; screening shrub; or street shrub. The required plant materials shall be chosen from a recommended species list approved by the agent. Plant material not listed may be substituted for required plant material only if such substitution is expressly approved by the agent. (32.8.2.2, 7-10-85; Amended 5-I-87) 44 b. Existing trees or wooded areas may be preserved in lieu of planting new materials in order to satisfy landscaping and screening requirements, subject to the agent's approval. In such case, the landscape plan shall indicate the trees to be saved; limits of clearing; location and type of protective fencing; grade changes requiring tree wells or walls; and trenching or tunneling proposed beyond the limits of clearing. In addition, the applicant shall sign a conservation checklist approved by the agent to insure that the specified trees will be protected during construction. Except as otherwise expressly approved by the agent in a particular case, such checklist shall conform to specifications contained in the Virginia Erosion and Sediment Control Handbook, pages Ili-393 through Ill-413, and as hereafter amended. (32.8.2.3, 7-10-85; Amended 5-1-87; 10-3-01) c. In addition, the landscape plan shall indicate existing landscape features on the site. Such features shall include, but shall not be limited to: 1. Wooded area indicated by general type (evergreen or deciduous) and location of tree line; 2. Small groups of trees and individual trees of six (6) inch caliper or greater, or ornamental trees of any size, indicated by common name, approximate caliper and location; 3. Natural features which distinguish the site, such as prominent ridge lines, rock outcroppings or water features; 4. Man-made features of local, historic or scenic importance; 5. Scenic vistas across the site from a public road. The agent may require that any or all such features be preserved upon determination following a site inspection, that the features contribute significantly to the character of the Albemarle County landscape and that the preservation of such features is necessary to satisfy the purpose and intent of this chapter. The purpose of this section is to protect unique amenities which could otherwise be irretrievably lost due to careless site design. It is not intended that this section be applied indiscriminately, nor to prohibit development. (32.8.2.4, 7-I0-85; Amended 5-1-87) Sec. 33.0 Amendments The board of supervisors may amend, supplement, or change the regulations in this chapter, or the zoning boundaries or classifications of property on the zoning map, in conformity with the provisions of Article 7 of Chapter 22 of Title 15.2 of the Code of Virginia (1950), as amended, and the provisions and purposes of this section. (Amended 10-3-01) Sec. 33.7 Withdrawal of petitions A petition shall be withdrawn, or be deemed to be withdrawn, as provided herein: a. A petition filed pursuant to section 33.2.1 may be withdrawn upon written request by the applicant. The written request must be received by the body considering the application prior to it beginning its consideration of the matter on the meeting agenda. Upon receipt of the request for withdrawal, processing of the petition shall cease without further action by the commission or the board. Substantially the same petition shall not be reconsidered within twelve (12) months of the date of withdrawal unless the body considering the petition at the time of withdrawal specifies that the time limitation shall not apply. (Amended 6-19-96; 10-3-01) b. If the applicant requests that further processing or formal action on the petition be indefmitely deferred, the petition shall be deemed to have been voluntarily withdrawn by the petitioner if the commission or the board does not take action on the petition within twelve (12) months after the the date the deferral was requested. Upon written request received by the director of planning and community development before the petition is deemed to be withdrawn, the director may grant one extension of the deferral period for a period determined to be 45 David P. Bowe~nan Rio Lindsay G. Dorrier, Jr. Scot~ville Charlotte Y. Humphds Jack JoueO~ COUNTY OF ALttEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Walter F. Perkins White Ha~ Sally H. Thomas Samuel Miller October 15, 2001 Mr. Jim Bryan, Resident Engineer Virginia Department of Transportation 701 VDOT Way Charlottesville, Virginia 22911 Dear Mr. Bryan: At the October 3. 2001 meeting of the Board of Supervisors, the Board took the following actions regarding transportation matters: Agenda Item No. 7.7. Potential Transportation Enhancement Grant Projects for 2002. It was the consensus of the Board to support the Crozet streetscape plan as its top priority. Agenda Item No. 7.9. Resolution to accept Fortune Park Road in Forest Lakes North (Commercial Area) Subdivision into the State Secondary System of Highways. The Board adopted the attached Resolution. Agenda Item No. 8. Transportation Matters. Ms. Thomas asked you to send a map of VDOT's maintenance districts and a list of contact persons and phone numbers. You said you would do so. (Note: Our office has since received the maps, but we have not received the list of contact persons and phone numbers.) Mr. Bowerman asked that VDOT again examine truck traffic in the Earlysville area. He suggested that, if VDOT is concerned that staff's suggestion to install signage on Earlysville Road would increase truck traffic on Rt. 660, VDOT install similar signage on Rt. 660. Mr. Dorrier brought up the controversy surrounding rights-of-way of three houses located outside Scottsville. You said VDOT is examining this issue. Mr. Perkins said residents are concerned about traffic on Rts. 250/240 (Browns Gap Tnpk). You said you will look into the matter. You agreed to do so. Printed on recycled paper Mr. Tucker asked that you add Wayne Cilimberg and Mark Graham to its email distribution list when sending out status reports. Sincerely, Laurel A. Bentley, CMC Senior Deputy Clerk cc: Robert Tucker Attachment Laurie Bentley From: Sent: To: Subject: Ella Carey Monday, October 01, 2001 10:29 AM Laurie Bentley FW: announcement of award I I I I I I F~ ---Original Message--- From: Bob Tucker Sent: Monday, ~r 01, 2001 10:26 AM To: Ella Carey Subject: FW: announcement of award ELLA: FYI. THANICS, BOB ROBERT W. TUCKER, JR. COUNTY EXECUTIVE COUNTY OF ALBEMARLE 40I MCINTIRE ROAD CHARLOTTESVILLE, VIRGINIA 22902-4579 VOICE: 434.296.5841 FAX: 434.296.5800 EMAIL: BTUCKER@ALBEMARLE.ORG Original Message---- FrOm: Sally Thomas Sent: Sunday, September 30, 2001 11:04 PM To: Lee Cattin Cc: Bob Tucker Subject: announcement of award Diane Foster of Rivanna Trails is planning to come to our Wed meeting and announce the following award. I encouraged her to come for the 3-minute Citizens' section. Lee, can you encourage press to get to our meeting in time to hear it? Unless it was in newspaper today (which I haven't had time to read), I think this is news. ! realize it's a press release, so news media ought to know about it, but I haven't seen anything. If it's been in the news, i think BOS will still enjoy receiving a report about it. Dear Partnem, I'm writing to share with you the great news that Rivanna Trails Foundation (with your SUpport and help!) was awarded an American Hiking Society regional award (regional being East Coast all the way to the Mississippi River) for our 2001 National Trails Day event. One of the criteria was working with new partners, and I made the most of our work with all of your "agencies" in the application, i knew there was a lot of potential in our working together, and this recognition supports that thinking. Below is my unedited text regarding our partners. Attached is a press release of the award. Thank you all so much again. Diana UREF Partners, Thanks also for the PR in the September Charlottesville Business Joumal. Diana Application text: 3. What kind of groups and partners were involved with your event? (Include names of retailers, clubs, public land managers, community groups, etc.). Blue Ridge Mountain Sports outdoor store has been an avid supporter of the Rivanna Trails Foundation since its inception, and the store manager serves on our board. He has annually contributed t-shirts, supplies, volunteer effort, and employee time to help run our National Trails Day event. This year in addition to being onsite all day, he also supplied us with an employee to do chain saw preparatory work before the event; an employee to serve as an EMT on event day; an employee to man our volunteer headquarters table; t-shirts; tables, chairs, and tent; and door prize give- aways. The University Real Estate Foundation was the first landowner we approached for a land easement. They were enthusiastic from the start, encouraged us as we worked with the other landowners, helped with publicity, and allOwed us to use their parking lots for event day. (letter enclosed) The Department of Forestry gave us a land easement, offered consulting help on trail placement and construction, installed trail blazes on their property, made available to the community and us a beautiful one-mile long educational nature trail, and leant us tools. The Department of Transportation worked supportively with us to help us gain easement despite rigid land access rules. Albemarle County granted us a land easement and wrote a supportive letter about our work. (letter enclosed) The City of Charlottesville sUpports their Parks and Recreation Department manager's being a member of our board. The City provided a massive trash pick-up of tires and appliances at the end of the workday. DoCument RIVANNA WATER AND SE 804~3760 10/02 WEEKLY QPERATIONS__REPORT.WATER DEPT. DATE J.tems. lnNeed of Re~al~:: Observatory A) Sra. Rd. 2800 oil leak B) #1 Flecculator shalt S. Rivanna A) #1 Floc, culat~ B) Hydro Communk~tions N. Rivanna A) Raw water 13ump controls October 1, 2001 Crozet $cottsville A) Raw meter C) Filter HL meter Other [t~ms~eJ=_at[~ Last WeeK: #1 Floeculator repacked at Obs. Soda Asa line unclegged at N. Rlv. plan ~FIoWs MGD: URBAN DAY $. RIV. OBS. TOTAL Raw pump control at plant N RIV. OROZET SCOTT, 9/24/01 6.673 3.817 12.490 0.231 0.197 0.152 9/25/01 7.110 2.475 9.585 0.385 0.320 0.233 9/26/01 6.91I 3.525 10.436 0.377 0.:M,0 0.141 9/27/01 6.841 3.900 10,741 0.350 0.335 0.123 9/28~'t 7.903 3.885 10.888 0.347 0.335 0.131 9/29/01 6.992 3.892 .10.884 0.427 0.320 0.172 9/30/01 6.9$8 ...... 3.928 1,0.886 ,~0.208,. ,, 0,353 , 0~121,. , 'TOTAL 5t3.488 25.422 75.910 2.415 2.200 1.073 AVE. 7.213 3.632 10.844 0.345 0.314 0.153 Va.cRtio_n; $. Sherrard 1014 BaCkwaSh H~s. ~ .Obs. ~ crozet s_c~t. Avg. 50 ~ :~. 42 40 on behalf of the Albemarle County Board of Supervisors and local government, I would like to honor and recognize for his outstanding efforts during the past 40 years on behalf of meeting the transportation needs of the citizens of Albemarle County as an employee of the Virginia Department of Transportation. During the 1960's Bill was involved with the preliminary design and construction of Interstate 64, still the largest road construction project ever built in this area. In the early 1970% Bill was asked to lead the residency's maintenance organization and continued in that capacity for 20 years. During that time the mileage maintained increased over 20% and the forces at his command dropped 15%, yet he kept the level of maintenance at a continuing high level. Bill's influence has been felt on a variety of projects large and small that benefit county citizens. As an example, in 1985, Bill oversaw the development of the snow removaI pIan when Route 29 North was widened to four and five lanes in each direction. In the mid 1990's Bill was promoted to assistant resident engineer and since that time he has managed VDOT's input to Albemarle County on development matters and has overseen the residency's highway improvement program. Even with the time-consuming responsibilities of his job, Bill has been an active member of our community, for example coaching in the Babe Ruth league. We as a community are strengthened by the contributions and commitment of citizens such as H. William "Bill" Mills whose dedication and professionalism make Albemarle County a better place to live and work. Sally H. Thomas, Chairman Albemarle County Board of Supervisors RECOGNITION FOR BRIAN CARLSON - AS OUTSTANDING CITIZEN OF ALBEMARLE COUNTY On behalf of the Board of Supervisors, I want to recognize a very special person today - a person who has provided years of leadership, generosity, and commitment to the betterment of the Albemarle community. We are fortunate to be blessed with many dedicated citizens who work hard on behalf of our region, but every once in a while we have the particular good fortune to havea extraordinary civic leader such as Bdan Carlson among us. Bdan Carlson - please come forward. Brian, we honor you this morning as an outstanding citizen of Albemarle County. When I think of Bdan, I am reminded of this thought on leadership: Johann Schiller said: "Enthusiasm is that kindling spark which marks the difference between the leaders in every activity and the laggards who put in just enough to get by." Anyone who knows or who has worked with Brian on any of his many activities certainly is familiar with that spark of enthusiasm which he creates for those projects that are near and dear to his heart. A very short list of those organizations and activities which have benefr[ted greatly from his dedicated leadership include the Charlottesville Regional Chamber of Commerce, the Thomas Jefferson Partnership for Economic Development, Martha Jefferson Hospital, Ddve Smart Virginia and more recently as our area's leader in the Workforce Investment Act Initiative. Brian's fresh perspective and valuable real world experience gained from his years in the business environment, along with his hard work and willing spidt, will be sorely missed in our community. We wish Brian well in his new position as Senior Vice President of the new State Farm Colonial Zone, where he will be leading overseeing efforts in New York, New Jersey, Pennsylvania, ConnectiCut, Vermont, New Hampshire, Maine Massachusetts and Rhode island. New England's gain is certainly our loss as Brian takes his commitment to civic projects and his strength as a responsible economic partner with him to his new community. The Albemarle County Board of Supervisors would like to express our deepest gratitude to Brian for his many years of service and for the kind of dedication that makes Albemarle County such an outstanding place to live and work. Laurie Bentley From: Sent: To: Subject: Laurie Bentley Monday, October 01,2001 11:24 AM Lee Catlin RE: Presentation to Sally Thomas Yup, it would be helpful for our minutes. Thanks. ---Original Message--- From: Lee Catlin Sent: Monday, October 01, 2001 11:19 AM To*, Laurie Berltley Subject: RE: Presentation to Sally Thomas I emailed a draft tO her on Friday of comments regarding Brian - Bob had approved the draft last week. Let me know if you need a copy. Thanks! Lee P. Catlin Community Relations Manager ~bemarle County 401 McIntire Road Charlottesville, VA 22901 804/2965841 (phone) 804/296-5800 (fax) lcatlin@albemarle, org ..... Odginat Message ..... From: Laurie Bentley Sent:. Monday, October 01, 2001 11:18 AH To: Lee Cattin Subject: FW: Presentation to Sally Thomas Do you have something prepared? If not, could you get something to me by tomorrow? Thanks, Laurie ---Original Messagc. From: Ella Carey Sent: Thursday, September 27, 2001 2:51 PM To: Laurie Bentley Subject: Presentation tO Sally Tfmmas In your Board folder is a copy of an email to me from Bob regarding Brian Carlson. At the end of this email is some information on him. Please with Lee Catlin first to see if she wrote up anything for Ms. Thomas to say. thanks. BIKE TO WORK DA Y WHEREAS, the quality of life for citizens in our community includes preservation of the natural environment; and WHEREAS, the County of Albemarle bas appointed a tra~c reduction coordinator to provide information on transportation alternatives that would decrease the volume of single occupancy vehicles, tra~c and parking congestion; and WHEREAS, more commuters are cboosing alternative transportation to save time, money and tbe environment; and WHEREAS, bicycling is an environmentally sound, bealtby, efficient and energy saving mode of transportation; NOW, THEREFORE, I, Sally H. Thomas, Chairman on behalf of tbe Albemarle County Board of Supervisors, do hereby proclaim October 5, 2001 as BIKE TO WORK DA Y and encourage all citizens to choose alternative transportation to preserve our community's special quality of life. Signed and sealed this 3~d day of October, 2001. Sally H. Thomas, Chairman Board of Supervisors COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: University of Virginia Health Services Foundation Facility at Forest Lakes North Park and Ride Agreement SU BJ ECT/PROPOSAL/REQUEST: Authorize the County Executive to sign a Park and Ride Agreement with University of Virginia Health Services Foundation Facility at Forest Lakes North. STAFF CONTACT(S): Messrs. Tucker, Foley, Cilimberg, Benish, Wade AGENDA DATE: October 3, 2001 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: Yes REVIEWED BY: ITEM NUMBER: INFORMATION: IN FORMATION: BACKGROUND: In 1998 JAUNT initiated BIG BLUE, a fixed bus route service serving Route 29 up to Grace Methodist Church. At that time, JAUNT and staff established a park and ride lot at a parking lot on the vacant parcel beside McDonalds that is located at Forest Lakes North. DISCUSSION: The vacant parcel has now been developed, and with its development the park and ride lot was eliminated. The University of Virgi nia Health Services Foundation Facility at Forest Lakes North has agreed to allow a new park and ride lot to be established at their location, which is located at the corner of Timberwood Boulevard and Worth Crossing, just 0.25 mile from the prior location (Attachment A). There will be no additional cost to the County's insurance premiums to insure the five spaces as a park and ride facility. The University of Virginia Health Services Foundation and the County Attorney's Office have approved the attached park and ride agreement. RECOMMENDATION: Staff recommends that the Board of Supervisors grant the County Executive permission to sign the attached agreement. cc: Ms. Donna Shaunesey Ms. Helen Poore 01.175 04/30/01 11:28 FAX 9?24012 DEPT OF PLANNING ATTACHMENT B PARK AND RIDE FACILITY AGREEMENT THIS AGREEMENT is made this day o£May, 2001 by and between the County ofAlbemarle, Vkginia, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as the "County," and the University of Virginia Health Services Foundation, hereinafter referred to as the "Owner". WHEREAS, the County desires to establish a park and fide facility in The University of Virginia Health Services Foundation Facility at Forest Lakes North; and WHEREAS, the Owner is willing to allow the County to use part of its property for such a traeility, WITNESS: 1N CONSIDERATION of the mutual premises stated herein, the parties agree as follows: 1. Purpose: The purpose of this Agreement is to allow the County to use part of the Owner's property as a park and ride facility for the benefit of persons in carpools and commuters. 2. Premises: For the uses described in section 4 oft_his Agreement, the Owner hereby licenses to the County that part of the Owner's premises marked "Park andRid"e, hereinafter' referred.to .as the "Premises'' and shown on Attachment "A'; which is attached hereto and made a part of this Agre. eanent. The number of park and fide spaces shall not exceed five (5) spaces. 3. Term: The term of this Agreement shall be one (1) year/~om the date hereof. Either party, however, may terminate this Agreement after three months by giving one month's notice to the other party of its intent to terminate. 4. Uses of the Premises- The County may use the premises for a park and ride facility, a carpooling parking facilitY, vehicle and personal access, and ail similar and related uses. 5. ~ The County and patrons of the park and ride facility may use the Owner's property surrounding the premises for vehicle and pedestrian access to and from the park and ride facility and for circulation, excluding vans, and persons in earpools. 6. __Marking of Premises and Publici _ty: The County may install signs indicating that thc Premises are available to persons in carpools and commuters as a result of thc Owner's courtesy. The County will obtain the Owner's written approval before placing any improvements on the premises. Such permission shall not be unreasonably withheld. 7. Maintenance: The Owner shall arrange for regular and/or timely snow plowing of the Premises at its sole expense. Extraordinary maintenance and repair of the Premises ,arising from its additional usage pursuant to this Agreement shall be performed by the County at its Sol~ expense. 04/~0/01 11:28 FAX 972401~ DEFT OF PLANNING 8. Liabili~; The County agrees to add the Owner to its general liability insurance policy as an additional insured for the County's 'operation of a park and ridc facility on the Owner's property, 9. Tit, lc, Access and Authofi _ty: The Owner covenants and warrants to the County that the Owner presently owns the fee simple interest in and to the Premises; that the Owner is duly authorized and empowered to grant this License; and that the person executing this license on behalf of the Owner warrants himself to be duly authorized to bind the Owner hereto. 10. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supereedes any prior understandings or oral or written agreements between the parties rejecting the within subject matter. I 1. Modifications: This Agreement may not be modified, except in a writing signed by the parties. IN WITNESS WHEREOF, the parties hereto bind themselves to this Agreement as of the day and year first above writtem C 0UNTY.0~ALBEMARL? VIRG~ \ FOUNDATION Title: ~c_~ Approved as to form: ~AL5 / / / / / / / / / / / / / / / / / ATTACHMENT "A" MAY I, ~OOl Park &: R;de Spaces COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Windham Retirement Center Park and Ride Agreement in Crozet SUBJ ECT/PROPOSAL/REQUEST: AuthoriZe the County Executive to sign a Park and Ride Agreement with Windham Retirement Center in Crozet STAFF CONTACT(S): Messrs. Tucker, Foley,Cilimberg,Benish,Wade AGENDA DATE: October 3, 2001 ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: REVIEWED BY: BACKGROUND: ITEM NUMBER: INFORMATION: INFORMATION: Yes On August 6, 2001, JAUNT began a new service in Crozet. Staff has worked with JAUNT and Windham Retirement Center to establish a park and ride lot. This lot would be available for JAUNT users as well as residents wishing to use this location as a park and ride for carpooling. Windham is located in downtown Crozet on Route 240. DISCUSSION: Windham Retirement Center officials have graciously agreed to allow the County to establish a park and ride a their facility (Attached). The County has signed similar agreements with churches along Route 29 North. There will be no additional cost to the County's insurance premiums to insure the seven spaces as a park and ride facility. Windham Retirement Center is an ideal location for a park and ride lot because it is centrally located. RECOMMENDATION: Staff recommends that the Board of Supervisors grant the County Executive permission to sign the attached agreement. cc: Ms. Donna Shaunesey 01.176 PARK AND RIDE FACILITY AGREEMENT THIS AGREEMENT is made this I (a '~day of July, 2001 by and between the County of Albemarle, Virginia, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as the "County," and Windham Retirement Center, hereinafter referred to as the "Owner". WHEREAS, the County desires to establish a park and ride facility at the Windham Retirement Center; and WHEREAS, the Owner is willing to allow the County to use part of its property for such a facility. WITNESS: 1N CONSIDERATION of the mutual premises stated herein, the parties agree as follows: 1. Purpose: The purpose of this Agreement is to allow the County to use. part of the Owner's property as a park and ride facility for the benefit of persons in carpools and commuters. 2. Premises: For the uses described in section 4 of this Agreement, the OWner hereby licenses to the County that part of the Owner's premises marked "Park and Ride," hereinafter referred to as the "Premises" and shown on Attachment "A", which is attached hereto and made a part of this Agreement. The number of park and ride spaces shall not exceed~,'~..sp_~aces.r~'' Ot .ivO\ 3. , Term: Either party may terminate this Agreement after three months by giving one ~0~ [ month ~ noti-----~e to the other party of its intent to terminate, r- 4. Uses of the Premises: The County may use the premises for a park and ride facility, a carpooling parking facility, vehicle and personal access, and all similar and related uses. 5. Access: The County and patrons of the park and ride facility may use the Owner's property surrounding the premises for vehicle and pedestrian access to and from the park and ride facility and for circulation, excluding vans, and persons in carpools. 6. Marking of Premises and Publicity: The County may install signs indicating that the Premises are available to persons in carpools and commuters as a result of the Owner's courtesy. The County will obtain the Owner's written approval before placing any improvements on the premises. SUCh permission shall not be unreasonably withheld. 7. Maintenance: The Owner shall arrange for regular and/or timely snow plowing of the Premises at its sole expense. Extraordinary maintenance and repair of the Premises arising from its additional usage pursuant to this Agreement shall be performed by the County at its sole expense. 8. Liability:. The County agrees to add the Owner to its general liability insurance policy as an additional insured for the County's operation ora park and ride facility on the Owner's property. 9. Title, Access and Authority: The Owner covenants and warrants to the County that the Owner presently owns the fee simple interest in and to the Premises; that the Owner is duly authorized and empowered to grant this License; and that the person executing this license on behalf of the Owner warrants himself to be duly authorized to bind the Owner hereto. 10. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supercedes any prior understandings or oral or written agreements between the parties respecting the-within subject matter. 11. Modifications: This Agreement may not be modified, except in a writing signed by the parties. IN WITNESS WHEREOF, the parties hereto bind themselves to this Agreement as of the day and year ..first above written. COUNTY.~I~ ALBEMARLE, VIRGINIA Title.. ~ ~'I/M~'. . ~"7fi(',i~~k/~ WINDHAM RETIREMEN2~ CENTER Approved as to form: 7 Park & Ride S paces PARK I NG / / / Prepored by Office of Mopping. Grophics ond [n~ormotlon Resources. This mop is for dlsploy purposes only, COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Request to amend Albemarle County Service Authority Jurisdictional Area for water service to Tax Map 45, Parcel 15 (Jeff Saine). SUBJECT/PROPOSAL/REQUEST: To consider holding a public hearing to amend the ACSA Jurisdictional Area boundary to provide water service. STAFF CONTACT(S): Tucker, Foley, Cilimberg, Benish AGENDA DATE: October 3, 2001 ACTION: CONSENT AGENDA: ACTION A'I-I'ACHMENTS: REVIEWED BY: BACKGROUND: ITEM NUMBER: IN FORMATION: INFORMATION: Yes ~ / This is a proposal to amend the ACSA Jurisdictional Area to provide water service to a 0.77 acre parcel located on the west side of Route 743, Earlysville Road, just west of Hydraulic Road. The property is adjacent to the Ivy Creek Natural Area and lots in the Roslyn Ridge subdivision IAttachment A). The property is Zoned PA, Rural Areas and is designated as Rural Area in the Land Use Plan. The applicant is requesting water service due to a failing well on-site. The adjacent property to the east and south, Tax Map 45, Parcel 16, is in the Jurisdictional Area for water service only to existing structures. The Squirrel Ridge development, across Earlysville Road from this site, is also served by public water. DISCUSSION: The Comprehensive Plan provides the following concerning the provision of water and sewer service to the Rural Areas: · "Provide water and sewer service only to areas within the ACSA Jurisdictional Areas (p. 125)." · "Follow the boundaries of the designated Development Areas in delineating Jurisdictional Areas (p.125)." · "Only allow ch anges in the Jurisdictional Areas outside of the designated Development Areas in cases where the property is: 1) adjacent to existing lines; and 2) public health and/or safety are in danger (p.125)." This request has been made because the 40-foot bored well serving the property has gone dry. The applicant has been augmenting the well with hauled water. There are very limited opportunities to locate a new well on the property, due to its size (0.77 acre). The existing drainfield and reserve area take up most of the parcel. As a result, there appears to be limited area on- site that could meet Health Department requirements for separation between a well and the drainfield sites (existing and reserve sites). The applicant has submitted information from a soil consultant that addresses this issue (Attachment C). Staff has requested that the applicant provide information from the Health Department and/hydrologist documenting the feasibility of increasing the depth of the existing well to provide adequate service. The applicant has been in contact with the Health Department, but this information is note available, to date. It is anticipated that the Health Department information will be available in sufficient time for the staff to review prior to the public hearing. RECOMMENDATION: The request is consistent with the Comprehensive Plan policy for the provision of public water service to the Rural Area. However, further information will need to be provided and reviewed regarding on-site options for providing adequate service to the site, specifically the potential for upgrading the existing well. In order to allow for a timely review of this request given the applicant's current situation, staff recommends the Board set a public hearing to consider providing public water service to the existing structure only on Tax Map 45, parcel 15. Cc: Mr. J. William Brent Attachments: A - Location map; B - Jurisdictional Area map; C - Soil Scientist information; D - Plat of the property 01.179 ALBEMARLE COUNTY 44 5F:~ 3~ ATTACHMENT A ~ :'GR CULTuIiA~ & FOfl'ESTAc 61 RI 0 , RIVANNA dAGK ,JOUETT DISTRICTS SECTION 45 ATTACHMENT B Albemarle County Service Authority Jurisdictional Areas Map LEGEND WATER ONLY WATER AND SEWER WATER ONLY TO EXISTING STRUCTURES [Please see "List of Existing Structures OR Development Rights" for specific structures and dates.] LIMITED SERVICE [PLEASE'SEE "List of Existing Structures OR Development Rights" for specific limitations.]- ALBEMARLE COUNTY ATTACHMENT B 5 7D ~7 32 ~3 33 34c; ~40 67A g, ~ 69 '/0 6o 61 OHARLOTTESVILLE , RIVANNA JACK JOUETT SECTION 45 Albemarle County Service Authority Jurisdictional Areas Map LEGEND WATER ONLY WATER AND SEWER WATER ONLY TO EXISTING STRUCTURES [Please see "List of Existing Structures OR Development Rights" for specific structures and dates.] LIMITED SERVICE [PLEASE SEE "List of Existing Structures OR Development Rights" for specific limitations.] Baseline Consultants ATTACHMENT C To whom it may concern: On 22 August. 2001. ar. thc request of the owner Jeff Saine. BaselJ_ne Consultants made a site v/sit to a tract on Rt. 743 HydraUlic Road in Albemarle County, Va. {T.M.#45-15} platted as the "Charles Smith" property. This property is 0,77g acres m size, ad.jacent to the Ivy Creek Natural ga-ca ~-md across the road tkom "Squirrel R/dge" subdlv/sion., The tract has an existing 2-bedroom house w/th a bored well approx/rnately 40 feet in depth, and an existing drainfield of uncertain size and coa.d, ition, ail da'ting back to about 195S when the hmprovements were initially made. There was a subsequent addltlon added ro the original dwelling in 1982. The purpose of this visit 'was to evaluate 'the conditions OhS:Itc regarding areas of suitable soft which would be available for use as future septic dra/nfield. This is a crucial feature on any tract with limited acreage which must rely on a septic system for water disposal to guarantee it's continued occupancy and resale value The soils encountered were of fair ro good quality for dralnflcld use. being derived of weathered igneous rock with loam and silty loam textures, high ehroma colors and percolation rares estimated in thc 40-60 minute/inch range. The main limiting factor on this tract m ensuring continued septic system availability is that of extremely limited surface area due ro the small size of the proper~ and the poSitior~ of the existing (fa/ling) well which has an automatic 100 foot dian~eter septic separanon distance requirement., This radius around the well negates most of the the othe~xvtse qualifying good landscape axed soils available for potential future drainfield installation. In conclusion, we a.re of the opinion that the long term continued use of this property may be in slgntflcant Jeopardy unless an-angements cax~ be made in a_ntlclpatton of the 45-yom- old miginal septic system's eventual fa_tlure. It is our understanding that public water may be available for the p'ropert3,. Reducing the limitations to future dra/nfletd installation 'by well abandonment as described abc,re and public water use is probably the 'best and most cost effective way to preserve the status a_nd equity in this property., Please call if there a_re a.ny additional questions regarding this matter. Dave GraIxt CPSS (Va. lic, ~109~ AOBE (Va. llc. #024) T,LiI~ 1~ Tm CERTIFY THNT lin JULY I0, 1986 SURVEYED -HE PROPERTY EHONN THIS PLHT fiND -HHT THE TITLE LINES flOE .RLL5 SF -HE BHILDINH HRE R5 SHO¼N ATTACHMENT D ROHERT L LUM PARCEL CO, OF ALBEMARLE ~ CITY OF CHARLC TTESVILLE O. B. 7t5 - 64-4 D. B 554 - 357 15 TO CL HYDRAULIC ~D RT 745 t2' ROAD 20' R/W / ~ ~o $TORY ' ~'~/eo D B. 606- D 8. 258- 0.77~ ACRES ~ARCEL ,8 BLUE RIDGE _AND D. B. 773 - mARCEl_ 6 LILL[E :'. STARKS O. 8. 4t7 - 68 o~YSICRL 5UR~, EY TRY MOP 45 FHR£EL 15 ER(K H~SETT '~LBEMRRLE EEUHTY/ V'.RG!H~H 5CRLE ": %~ FEET DR~E ~uv ~/ ~7- REViSEL JULY 0 986 ROBERT _ _-~ PNLHY~R,, COUNTY OF ALBEMARLE EXECUTIVE SUM MARY 09-27-01 P03:28 IN AGENDA TITLE: FY 2002/03 Proposed Operating Budget Document Format and Calendar SUBJECTIPROPOSALIREQUEST: Proposed FY 2002/03 Operating Budget Format and Calendar STAFF CONTACT(S): Mr. Tucker, Ms. White, Ms. Bullard AGENDA DATE: October 3, 2001 ACTION: CONSENT AGEN DA: ITEM NUMBER: INFORMATION: ACTION: INFORMATION: × ATTACHMENTS: REVIEWED BY: Yes BACKGROUND: Last year, when staff made minor changes to the budget document, it was their stated intention to come back this year with a new format to simplify and streamline the budget document. The proposed budget document format is being sent to the Board of SupervIsors in order to advise the Board of proposed changes in the document design and to receive Board comments and/or suggestions concerning the proposed format. Staff has made these changes with both the Board and the public in mind, striving for a document that is clear, understandable, and informative for those making budget decisions, while at the same time being concise and pleasing in appearance to anyone who may read it. Additionally, the proposed schedule of the upcoming budget process is sent to the Board of Supervisors to establish firm dates for meetings and to provide the public with as much notice as possible for public hearings and work sessions. DISCUSSION: A copy of the proposed FY 2002/03 budget document format for the department and agency sections is attached. The following changes from the FY 2001/02 format are proposed: 1. Department pages will be streamlined. They will include: · Aconcise department description; · A slightly simplified financial chart; · An "Overview/Changes" section outlining any major changes in the department's budget over last year; · A"Recommended Increases/Unfunded Requests" chart that clearly shows which new programs have or have not received recommended funding and the amount of that funding; · "Outcome Measures" that begin to set forth the measures by which a department will judge their performance; and · A "Programs" section which describes each division or program's function, staff, and budget within the department. Previously, each division or program had its own separate page with a description, requests, and detailed financial data. 2. Agency sections will be streamlined to include all agencies within a functional area under one heading of Contributions, rather than having a separate descriptive page and financial table for each agency. These sections will include financial data for all agencies within the functional area, as well as a description of the agency, its FY02/03 request, and the County Executive's FY 02/03 recommended funding. The Program Review Report will continue to be a separate document. The School Division Budget and the Strategic Plan will be eliminated from the budget document. Both of these sections are currently printed as separate documents. The school budget is in a separate document which the Board receives, and the Strategic Plan will be revised and may not be completed at budget time. AGENDA TITLE: FY 2002/03 Proposed Operating Budget Document Format and Calendar October 3, 2001 Page 2 4. Since the County is in the 2nd year of the biennial CIP budgeting process, the CIP section will only contain summary data, a description of FY 02~03 amendments, and a summary of the projects that have now moved from the 6th year into the 5th year. 5. Selected pages that contain pictures, charts, and graphs will be copied with color to improve the overall appearance of the document. 6. The majority of the summary pages will remain the same, although it is staff's intention to include more charts and graphs for more visual accounting and budget information. Staff is proposing these changes in an effort to provide the Board with the necessary information to make informed decisions, but not to cloud the issues with too much data and narrative. Any suggestions or comment from the Board would be appreciated before beginning the FY03 budget document preparation. A copy of the proposed FY 2002/03 operating budget calendar is also attached. RECOMMENDATION: No Board action is required at this time. The attached format samples and calendar are provided for information purposes only. 01.184 FY 2002/03 OPERATING BUDGET COUNTY OF ALBEMARLE, VIRGINIA PARKS, RECREATION DESCRIPTION AND MISSION AND CULTURE AGENCIES The County is served by a number of external agencies who provide recreational and cultural services to the community. Programs range from the Jefferson-Madison Regional Library, which requires a substantial operating commitment from the County, to annual contributions to a variety of smaller single-purpose organizations. TOurism funds support 7 of the 10 agencies show below, with only the library, Piedmont Council of the Arts, and WVPT being supported by the General Fund. FINANCIAL DATA FY 99/00 COMMUNITY AGENCIES ACTUAL Albemarle County Fair 0 Jeffersonian Thanks Festival 0 Lewis & Clark Festival 0 Piedmont Coundl of Arts 9,800 Regional Library 1,861,454 Virginia Discovery Museum 9,842 Ash Lawn Highland 0 Municipal Band 0 Virginia Festival of the Book 10,000 Virginia Film Festival 10,000 Visitor's Bureau 279,250 WVPT 7.000 SUBTOTAL 7,531,433 FY 00/01 FY 00/01 0 0 0 0 0 0 10,020 10,020 2,001,300 2,001,300 10,060 10,060 8,000 8,000 15,000 15,000 10,000 10,000 10,000 10,000 314,042 314,042 8,694,991 8,771,726 FY 01/02 FY 01/02 $ % ~ RECOMM INC INC 110,000 0 0 0.00% 3,000 0 0 0.00% 2,500 2,500 2,500 0.00% 10,700 10,321 301 3~00% 2,152, 971 2,109,402 108,102 5.40% 10,362 10,362 302 3.00% 10,000 8,240 240 100:00% 18, 000 15,450 450 100.00% 20,000 10,300 300 0.00% 20,000 10,300 300 0:00% 352,259 352,259 38,217 12.17% 8.000 7.426 216 3.00% 10,960,013 9,396,454 701,463 8.07% AGENCY REQUESTS a sampling Albemarle County Fair The Albemarle County Fair is a non profit organization that sponsors the annual Albemarle County Fair. This request is a new request for help in operating costs n the wake of several years of rainy weather and Iow ticket sales. No funding has been recommended. Jeffersonian Thanksgiving Festival The festival provides an annual opportunity for people of all ages to learn about the region's early history. This is a new request and no funding was recommended because the fair is mainly a church sponsored event. Piedmont Council of Arts The Council is non-profit organization whose primary function is to create and support a cultural climate where arts organizations and artisans are an integral part of the community. A 3% baseline operating increase over FY02 is recommended. Total Request Recommended Unfunded $110,000 $0 $110,000 $3,500 $0 $3,500 $10,700 $10,321 $379 FY 2002/03 OPERATING BUDGET COUNTY OF ALBEMARLE, VIRGINIA (PARKS, RECREATION,AND CULTURE AGENCIES CONTINUED) Total Request Jefferson Madison Regional Library $2,152,971 The library provides service to the residents of the city of Charlottesville and the counties of Albemarle, Greene, Louisa and Nelson. The Library's FY02 request (7.6% over FY01) includes the addition of a part-time assistant, a part-time librarian a branch manager and a part-time shelving assistant. The recommendation includes a 3% operational increase and funding for the part-time assistant. Visitor's Bureau The Bureau was established to promote Charlottesville and Albemarle County to out-of-town visitors. The budget includes funding for operations, maintenance, and tourism development. AIbemarle's share of the operating budget is based upon a ratio of sales tax and lodging tax and the tourism development budget is based on the percentage increase in lodging tax collections over the previous year. $352,259 Recommended Unfunded $2,109,402 $43,569 $352,259 $0 FY 2002/03 OPERATING BUDGET COUNTY OF ALBEMARLE, VIRGINIA DEPARTMENT DESCRIPTION AND MISSION OF FINANCE The Department of Finance is responsible for assessing, collecting, managing and disbursing public funds and handling all capital financing and debt management, financial accounting and reporting, payroll, risk management and insurance, real estate assessments and tax collection. FINANCIAL DATA FY 00/01 ACTUAL PERSONNEL 1,700,400 OPERATING 325,988 CAPITAL OUTLAY 91.842 TOTAL EXPENDITURES 2,118,230 REVENUES 683,976 NET 1.434.254 ~ 51 .o FY 01/02 FY 01/02 ADOPTED REVISED 1,876,391 1,876,391 345,575 400,569 1.300 295.300 2,223,266 2,572,260 688,036 713,216 1.535.230 1.859.044 51.0 51.0 FY 02/03 FY 02/03 $ % ~ RECOMM INC INC 2,028,026 2,028,026 151,635 8.08% 351,120 351,120 5,545 1.60% 700 700 (600) --46.15% 2,379,846 2,379,846 156,580 7.04% 672,700 672,700 (15,336) -2.23% 1.707.146 1.707.146 171,916 11.20% 51.0 51.0 0 0.00% OVERVIEW/C HANGES The Department of Finance has reorganized its staffing in the current year to reflect the increasing demand for a full- time Purchasing Agent (now only one of the Chief of Financial Management's responsibilities) and to restructure several accounting positions to ensure the County's ability to implement GASB 34. The Department has also developed an accounting intern program, which will provide training to an interested student, as well as part-time assistance to the department. RECOMMENDED INCREASES/UNFUNDED REQUESTS Name Laptop -Replacement laptop for the department Part-time wages -Additional part-time wages for accounting intern during the school year Auditing Program -New state auditing program Total Request Recommended Unfunded $2,000 $2,000 $0 $1,500 $500 $1,000 $9,000 $0 $9,000 Total $12,500 $2,500 $10,OOO OUTCOME MEASURES · The % of invoices paid within 30 days · The % of citizens rating the County's financial services as "excellent" in the annual citizen survey · Assessment/Sales ratio measured by the Virginia Department of Taxation. BOARD ACTION The Board approved the County Executive's recommendation. FY 2002/03 OPERATING BUDGET COUNTY OF ALBEMARLE, VIRGINIA (FINANCE DEPT CONTINUED) PROGRAMS Administration (5.0 FTE) This division provides general direction and assistance to all Finance Department programs, it provides professional and administrative support to the County Executive, Board of Supervisors, and other County departments in planning and directing the financial activities of the County. Assessments/Collections (18.O FTE) This division is the primary agent for the collection of all local taxes, fees, and licenses and the assessment of all property in the County. Accounting/Payroll (10.O FTE) This division records all expenditures and revenues, pre- pares all accounting statements, maintains all accounting records, processes all paychecks, and disburses all accounts payable checks. Real Estate (! 5.0 FTE) This division is responsible for assessing all County real estate on a biennial basis and for managing the Land Use Value Taxation program. Purchasing (3.0 FTE) This division is responsible for all government purchases for General Government and the School Division, maintain- lng a fixed asset inventory of all County owned items with a value of more than $5,000, and for selling surplus and confiscated [~roperty by public auction. Increase reflects transfer of lower grade position from Real Estate to higher grade new Purchasing Agent [~osition. FY02 Budqet $403,511 $1,008,772 $475,000 $800,000 $168,000 FY03 $ Recomm Inc Inc $414,511 $11,000 2.47% $1,150,772 $142,000 1.4% $519,000 $44,000 9.0% $842,000 $42,000 5.2% $190,000 $22,000 ]3.0% FY 2002/03 Operating Budget September 01 S MT WT F S l 2 3 4 5 6 7 8 9 10 11 [2 13 14 15 16 17 18 [9 20 21 22 23 24 25 26 27 28 29 30 I October 01 S MT WT F S I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 I 21 22 23 24 25 26 27 28 29 30 31 November 01 MT WT F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 I December 01 S MT WT F S 9 t0 16 [7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 September ~19 Position Info Due 21 Baseline Budget Packets Distributed October 3 New/Expanded Forms Distributed 15 individual Department Out- come Measure Meetings (through Nov 2) Individual De partmental Baseline Review (meetings through Novem- ber 2) 23 Preliminary Staff Revenue Projections Meeting November 5 Agency Applications Distributed Revenue Projections to Board of Supervisors t4 Joint Meeting with School Board on Compensation December 3 New/Expanded Requests Due Outcome measures due New/Expanded Review Begins ][4 Community Agency Applica- tions Due January 9 Updated Revenue Projec- tions to Board January02 'l 31 General Fund Balanced S MT WT F S I - ¥ ~ ~ 4 5 February 6 7 8 9 10 11 12 13 14 15 16 17 18 19 22 Recommended School 20 21 22 23 24 25 26 Budget sent to County 27 28 29 30 31 Executive's Office 25 Finalize County Executive's Proposed Operating Budget March February 02 6 Recommended Operating S M T W T F S and CIP Budget sent to Board I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 March 13 Public Hearing on Recom- mended Operating and CIP Budget 1.8 Board Budget Workses- sions - Gen Govt Budget 20 Board Budget Workses- sions - School Budget 2,5 Board Budget Workses- sions - CIP Budget 27 Board Budget Workses- sion - Proposed Budget Finalized April 10 Public Hearing on Board Proposed Operating and CIP Budget 1'7 Board Adopts FY 02/03 Operating and CIP Budget March 02 i S MT WT F S l 2 24 25 26 27 28 29 30 3l April 02 S MT WT F S 1 2 3 4 5 6 7 8 9 10 Il 12 13 14 [5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 May 02 S MT WT F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 June 02 S MT WT F S 1 2 3 4 5 6 ~ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 July 02 271 S MT WT F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 28 29 30 31 August 02 1 S MT WT F S I. 2 3 4 5 6 7 8 9 10 11 12 t3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Printed by Calendar Creator Plus on 9/26/2001 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Woolen Mills Storage Space SUBJECT/PROPOSAL/REQUEST: Approve Proposed Lease Agreement for Woolen Mills Storage Space STAFF CONTACT(S): Messrs. Tucker, Foley, Graham, Muhlberger AGENDA DATE: October 3, 2001 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: A) Integra Letter dated Sept. 10, 2001; ~~nt BACKGROUND: Demand for storage space of the various departments within the Albemarle County Office Building currently exceeds available space and that need is projected to increase in the near future. A County Office Building (COB) Space Study identified a storage space deficiency of over 10,000 square feet (July 29, 1999, by Ballou Justice Upton Architects). Much of this storage space is required for documents that must be legally retained, but are not referenced on a regular basis. Public Works was tasked with assessing COB space needs based on the July 1999 study. A survey revealed that some documents and material are stored unsystematically in stairwells and basements, or in off-site storage units. The Finance De partment, Office of the Registrar and Police Department are perhaps most severely impacted by this storage shortage. In addition, Schools and several community agencies have also identified a need for storage space. Staff is evaluating how the long-term need for storage space can best be addressed, but storage space for the next five years requires an interim solution. The interim solution is intended to provide County staff adequate time to consider the long-term needs, develop recommendations, and implement any recommendation selected. To address the interim storage space needs, staff explored the feasibility of leasing privately owned storage space. DISCUSSION: During the same period that County staff was beginning a search for storage space to lease, the owner of the Woolen Mills Industrial Storage Warehouse approached the County regarding the use of approximately 12,300 square feet of warehouse space at a rate of $3.60 per square foot of space per year. Woolen Mills Industrial Storage Warehouse is located at 2100 East Market Street, Charlottesville, Virginia. This location satisfies staff concerns that the storage space is reasonably convenient to the County Office Building and staff determined that this space would satisfy the needs for an interim storage space. Engineering and Public Works then contracted a private architectural firm to perform a market rate study of nearby storage space to evaluate this space with respect to the market. Attachment A is provided herein demonstrating that the proposed rent at the Market Street facility is fair and reasonable as compared to other similar storage space located in the Charlottesville area. Staff agrees with the findings of the consultant's report. Attachment B is a proposed lease agreement between Security Movers, Inc., t/a Security Storage and Van Lines (Lessor) and the County of Albemarle for the subject space. Staff has reviewed this proposed lease agreement and believes it adequately provides for the County's interim space needs. Staff anticipates being able to offset a portion of the annual cost of this lease through funds currently appropriated to the departments and agencies that will be utilizing the space. While current funds will not totally offset the cost of the lease, some additional expense is necessary to provide for the basic storage needs of the County in a more efficient way. Staff will identify any additional funds that may be needed and bring that back to the Board at a future meeting. RECOMMENDATION: Staff recommends the BOS authorize the County Executive to sign a lease agreement between Security Movers, Inc., t/a Security Storage and Van Lines (Lessor) and the County of Albemarle (Leasee) for the space as described above. 01.183 00-27-01 P02:55 IN Attachment A September 10, 2001 Mr. Kenneth E. Bunch, AIA Ballou Justice Upton Architects 4136 Innslake Drive Glen Allen, VA 23060 SUBJECT: Market Rent Study Woolen Mills Industrial Storage Warehouse 2100 East Market Street, Charlottesville, Virginia Integra Realty Resources - Richmond File No. 135-2001-0127 Dear Mr. Bunch: The purpose of this study is to determine whether the proposed rent of $3.60 per square foot on a gross basis is reasonable for 12,000 to 13,000 square feet of space on the first floor of the referenced bffflding.~ I inspected the-. exterior of the property and. reviewed the loCal*industrial market .on September 7, 2001.~ My' revieV¢ cOnsisted of an exterior-inspection of. various competitive properties (i.'e. a windshield:survey) and a review of recent lease data for the market from our in-house files. Our file data was collected over the past six. months and is considered representative of current market conditions: The subject property is a former textile mill that is currently used for storage and limited industrial uses. It is located in central Albemarle County, just east of the Charlottesville city limits. The multi4tory building is of reinforced concrete and masonry construction, and in fair condition. Ce'ding height is roughly 12 feet per floor. Circulation and loading areas on site are minimal but should be adequate for a limited number of users. The space under consideration is not heated or cooled, but lighting and basic electric service are provided. While the Charlottesville/Albemarle area is not known as a major industrial center, there are a few large industries and numerous small industries and service providers. Consequently, the market for small to medium size blocks of space is quite tight. Our research reveals a very low vacancy rate for all but the largest buildings. At the low end of the rental range, very large blocks of space (100,000 square feet or more) in older buildings in secondary locations suchas Earlysville or Crozet may lease for $3.00 per sqUare,foot Or less. Large blocks of space in better, locations such az' the Comdial'building on US 29:North'leas~. f6r $3.00:to $6.00 per square.foot~ Small to medium size-industrial'-teriants tyPically'pay $6.00 Or 'mOre per square foOt for centrally located space, even,in older buildings. lOCAL EXPERTISE...NATIONALLY RO. Box 32036 - Richmond, VA23294 - Phone: 804-346-2600 · Fax: 804-747-9140 · Email: rcoles@irr, com Mr. Kenneth E. Bunch, AIA September 10, 2001 Page 2 Two comparable rentals of particular relevance to this analysis are the former National Linen building at 1304 East Market Street and the former Frank Ix building at 531 Ware Street. National Linen is an 80,000 square foot building with numerous small tenants. The property is oldand in fair condition, but has a small amount of office area and is fully heated and cooled. Rent is $6.00 per square foot on a gross basis. Lower rent would be expected for the subject space because it has no office area, is not heated and/or cooled, and the tenant size is somewhat larger than the average at National Linen. However, the proposed subject rent of $3:60 per square foot is quite reasonable by comparison. Frank Ix, like the subject, is a former textile mill. Unlike the subject, however, this property is being renovated and converted to mixed colmnercial and industrial use. Industrial space is leasing at $7.00 per square foot, gross. Frank Ix is somewhat superior to the subject with respect to location and condition, but these factors do not fully account for the difference in rent between this property and the subject. In other words, both National Linen and Frank Ix indicate that the proposed rent for the subject may be slightly below market. In conclusion, the proposed rent for the subject appears to be reasonable in light of current market conditions. This assumes that the space, the interior of which was not inspected, is functional in terms of access, layout, and loading facilities. If you have any questions or comments, please give me a call. Thank you for the opportunity to be of service. Yours truly, Donald J. Powers, Senior Associate THIS SUBLEASE ("Lease") is made this ?~/--~day of ~~ ,2001, by and betWeen SECURITY MOVERS, INC., t/a Security S~:brage and Van Lines ("Lessor") and the COUNTY OF ALBEMARLE, VIRGINIA ("Lessee"), and provides as follows: WITNESSETH- WHEREAS, Lessee desires to lease certain space in a building located in the County of Albemarle at 2100 East Market Street Extended, Charlottesville, VA; and WHEREAS, Lessor leases the property at 2100 East Market Street Extended from Coliett M. Thach and Edith C. Thach t/a Security RealtY and Lessor warrants and represents to Lessee that it has the authority under its lease to enter into this Lease with Lessee. NOW THEREFORE, IN CONSIDERATION of the terms, conditions and covenants hereinafter set forth, the parties agree as follows: PREMISES: Lessor hereby leases to Lessee a portion (12,300 square feet) of the first floor (the "Premises") of its main four story warehouse building on its real property at the former Charlottesville Woolen Mills, 2100 East Market Street, Charlottesville, Virginia. See attached Exhibit A, for a more detailed sketch description of the Premises and an agreed square foot calculation. Also included is a non-exclusive right to use other portions of Lessor's property for direct ingress and egress to and_from public streets to the Premises, provided that neither the Lessee, it sublessees, assigns, customers or invitees shall cause any interference with access via th.e Lessor's other property. (2) TERM: The term ("Term") of this Lease shall begin at 12:00 noon on November 1, 2001 and end at 12:00 noon on November 1,2006. (3) (4) (51 (6) RENT: The Lessee shall pay rent to the Lessor at the rate of $3.60 per square foot of the premises. Payment of the total rent for the five-year period shall be made as follows: Year 1 35% $ 77,490 Year 2 30% 66,420 Year 3 20% 44,280 Year 4 15% 33,210 Year 5 0 0 Total $221,400 Payments shall be made quarterlyjn advance. Payments not received by Lessor by the 10th of the month shall incur a 5% late charge; if payment is not received by the 15th of the month, Lessor may, at its option, declare the Lease to be in default. Lessor shall notify Lessee 90 days prior to the end of the term to negotiate renewal. If the Lease is to be terminated and Lessee holds over, Lessee shall be liable for rent at the rate of $7.20 per square foot, for the Premises, payable monthly, until Lessee vacates the premises. Should this Lease be terminated for any reason other than Lessee's failure to abide by the terms of the lease or Non Appropriation of Rent pursuant to Paragraph 18 of this lease, Lessor shall refund to Lessee all amounts paid in excess of $3.60 per square foot prorated on a monthly basis for the term of this Lease. ACCESS: The Premises will be available for access by employees of Lessee on Monday through Friday, 8:00 am to 5:00 pm, except on Albemarle County holidays unless prior arrangements are made. All arrangements for access must be mutual y agreed by Lessor and Lessee. Lessee acknowledges that there may be a charge for such access. The Premises shall never be open to the public, but shall only be accessible to employees of the Lessor or Lessee. GOVERNMENTAL APPROVALS: Lessee shall be responsible for taking all reasonable efforts to obtain all governmental approvals needed to authorize entering into this Lease and to commence utilizing the Premises. INSPECTION AND CONDITION OF PREMISES: Lessee acknowledges that is has made a thorough inspection of the above-described Premises and agrees to accept the Premises in their present condition, AS iS. 2 UTILITIES: Lessor shall be responsible for providing electrical power for lighting the Premises and recharging voting machines. No other utilities or services are provided. Premises have no HVAC system and are not otherwise heated. (8) USE OF PREMISES: Lessee shall be responsible for the operations of loading and unloading of Lessee's personal property at the Premises. Lessee covenants that it shall occupy and use the Premises in full compliance with al present and future applicable statutes, ordinances, codes, rules, regulations and orders (collectively, "Laws") of local, state and federal governmental entities, departments, commissions, boards and other agencies and officials thereof, including, but not limited to all Laws relating to hazardous materials. Lessee shall not use or store hazardous materials or gasoline, kerosene or other combustible materials on the Premises. Lessee covenants to take good care of the Premises, to promptly satisfy or bond off any mechanic's liens on the Premises, to permit no waste thereon, and upon termination, cancellation or non-renewal of this Lease or any extension thereof, to surrender possession of the same broom clean and in good repair and condition, reasonable wear and tear excepted. (9) LESSOR'S RIGHT OF ENTRY: Lessee agrees that Lessor and its employees may enter the Premises for the purpose of inspection, maintenance, repairs or improvements and to permit access to Lessor's offices and the elevator in the building in which the Premises are ocated. (10) MAINTENANCE AND REPAIR: Lessee covenants that at its sole cost and expense, it shall maintain the Premises and equipment thereon in good operating repair and clean condition, reasonable wear and tear excepted. Lessor shall be responsible for maintenance of the building in which the Premises are located. (11) IMPROVEMENTS: Lessee covenants that it shall make no alterations, additions or improvements to the Premises without the prior written consent of the lessor. In its sole discretion, Lessor shall conclusively determine whether any such alterations, additions or improvements to the Premises become the property of the Lessor or Lessee at the conclusion of the Lease. 3 (12) INDEMNITY: Lessor shall not be liable to Lessee or to any other person for any damage to or loss of property or for 'njury to or death of persons arising from Lessee's operations pursuant to this Lease or Lessee's failure to comply with this Lease. (13) LESSOR LIABILITY: Only in the event that the sole cause of damages for loss or injury to Lessee's personal property stored at the Premises is Lessor's failure to exercise reasonable care for such stored personal property, shall Lessor be liable for such damages. In any event, Lessor and Lessee specifically agree all damages for loss or 'njury to Lessee's personal property stored on the Premises shall be limited to a total of $0.10 per square foot of the Premises. (14) INSURANCE OF LESSEE: Lessee covenants that during the term of this Lease or any extension therefore, the Lessee, at its sole cost and expense, shall carry and maintain such insurance, general liability insurance and property damage as it deems necessary, as Lessor's insurance shall not extend coverage to Lessee. (15) CONDEMNATION: In the event the entire Premises shall be acquired or condemned by any public or quasi-public authority under the power of condemnation, eminent domain or appropriation, the term of this Lease shall cease and terminate as of the date possession shall be taken by such authority and Lessee shal pay rent and other payments required hereby up to that date and an appropriate refund shall be made by Lessor of such amounts as shall have been paid in advance for a period subsequent to the date of the taking. f only a part of the premises shall be taken or acquired by such public authority, then at Lessor's option, this Lease may be terminated in its entirety or upon notice, Lessee may remain in possession and the rent shall be abated in that proportion that the fair market value of the area so taken shall bear to the fair market value of the Premises as a whole immediately prior to such taking and Lessor shall promptly proceed to restore the remaining part not taken. As between Lessor and Lessee, all damages for any condemnation of all or any part of the Premises including without limitation all damages as compensation for diminution 'n value of the leasehold, reversion and fee of the Premises and the Lessee improvements shall belong to the Lessor. (t 6) DAMAGE BY FIRE OR OTHER CASUALTY: If, during the term of this Lease, the entire premises are damaged by fire or other casualty and they cannot be restored to substantially the same condition as prior to the date of this Lease with reasonable diligence within 90 days, this Lease shall terminate as of the date of the damage or destruction and Lessee shall pay rent or other payments required hereby up to that date and an appropriate refund shall be made by Lessor of such amounts as shall have been paid in advance for a period subsequent to the date of the taking. If, during the term of this Lease, a portion of the Premises are damaged by fire or other casualty and in Lessor's opinion, they may be restored to substantially the same condition as prior to the date of this Lease with reasonable diligence within 90 days, then at Lessor's option, this Lease may be terminated in its entirety as of the date of the damage or destruction or upon notice, Lessee may remain in possession and the rent shall be abated in that proportion that the fair market value of the area so taken shall bear to the fair market value of the Premises as a whole immediately prior to such taking and Lessor shall promptly proceed to restore the remaining part not taken. Ali insurance proceeds for damages to the Premises shall belong to Lessor. (17) ASSIGNMENT AND SUBLETTING: Lessee shall not assign this Lease or sublet the Premises or any portion thereof without the prior written consent of the Lessor. (18) NON-APPROPRIATION CLAUSE: This Lease is subject to annual funding by the Board of Supervisors of the County of Albemarle, Virginia. In the event the Board of Supervisors fails to appropriate the funds necessary to fulfill the obligations specified in this Lease, this Lease shall be deemed cancelled, with no penalty or liability to the County, and of no effect, provided written notice of such cancellation is given to the Lessor by the County. No refund of rents collected wil be due under the terms of this paragraph. (19) DEFAULT: Lessee agrees that any of the following shall be deemed a default by Lessee and a breach of this Lease: (a) failure to pay any installment of rent or additional charge payable hereunder for a period of ten (10) days, (b) a failure of the Lessee to perform any other provisions, covenants, or conditions of this Lease, (c) the filing of bankruptcy, arrangement or insolvency proceedings by or against Lessee or any assignment by Lessee for the benefit of creditors. 5 If any one or more events of default shall happen, LessOr may, at its election and without prejudice to any other remedy which it might otherwise have for arrearage of rent or proceeding for breach of covenant under any law now or hereafter in force, without further notice, declare the term of this Lease ended and this Lease shall hereby be terminated, canceled and annulled and the Lessor, at its option, may re-enter, repossess and enjoy the Premises, with or without process of law, using such force as may be necessary in so doing and may distrain for any rent and other payments due hereunder and institute such other appropriate proceedings as Lessor may be legally entitled to employ. Lessee covenants and agrees, upon such termination of this Lease at the election of the Lessor, that it will quit and peacefully surrender the Premises to Lessor. n addition to the other options herein provided for the Lessor's benefit, Lessor shall have the option and privilege without causing a forfeiture of the Lease (i) to re-enter upon the Premises, to sublet the Premises to third parties at such rental as the Lessor shall be able to obtain and apply the rent in partial or complete satisfaction of the obligations of the Lessee, to declare as presently d~e and payable the unpaid rental installments owed by Lessee, thereby accelerating the maturity of the rental installments for the balance of the term, and to collect immediately from Lessee the accelerated balance of the term, less credit for the rent due under the sublease, or (ii) upon default by Lessee in the performance of any provision hereof, to perform the same for Lessee's account; and any sum of money, costs or expense so paid or incurred by Lessor during a default for Lessee's account, putting the Premises in good order or preparing the same for re-rental. Lessee agrees to pay any expense and reasonable attorney's fees incurred by Lessor for instituting, prosecuting or defending any action or proceeding instituted by reason of any default by Lessee, together with all interest, costs or damages. Lessee agrees and acknowledges that Lessor may use any combination of the above remedies at the sole option and election of Lessor. (20) WAIVER: Lessor and Lessee agree that no failure by Lessor to insist upon the strict performance of any covenants, agreements, terms or conditions of this Lease or to exercise any right or remedy consequent upon a breach thereof and no acceptance of full or partial rent during the continuance of any such breach shall constitute a waiver of any such breach or of such covenant, agreemed, term or condition. No covenant, agreement, term or condition of this Lease to be performed or complied with by Lessee and no breach thereof shall be waived, altered or modified except by written instrument executed by the other. No waiver of any breach shall affect or alter this Lease, but 6 each and every covenant, agreemenl, term and condition of this Lease shall continue 'n full force and effect with respect to any other existing or subsequent breach thereof by either party hereto. (21) LESSOR/LESSEE RELATIONSHIP: No provision of this Lease shall be interpreted or construed to cause Lessor to be a partner, joint venturer, or associate of Lessee. It is expressly understood and agreed that the relationship between the parties hereto is and shall at all times remain that of Lessor and Lessee. (22) RULES AND REGULATIONS: Lessor reserves the right, upon reasonable notice to Lessee, to adopt reasonable rules and regulations regarding the use of the Premises. The parties agree that one such rule is: "Lessee shalt permit no smoking or use of matches or fire by its employees at the Premises or in the warehouse where the Premises are located." Lessor shall notify the Lessee in writing of the first violation of this rule by any individual employed by the Lessee. Lessee agrees to pay Lessor a $500.00 penalty for each subsequent violation by any individual that has caused the Lessee to receive written notification of the first violation. (23) APPLICABLE LAW AND EFFECT ON SUCCESSORS: This Lease shall be construed, interpreted and applied according to the laws of the State of Virginia and shall be binding upon and inure to the benefit of the heirs, personal representatives, successors and assigns of the parties. (24) NOTICES: Al written notices required or permitted to be given by this lease shall be deemed to be duly given only when (i) delivered personally to the Director of Engineering and Public Works for Lessee or to Presley C. Thach for Lessor, as the case may be, or (ii) when posted by registered or certified mail, postage prepaid, return receipt requested to Lessee or to Lessor, as the case may be, at the following address: Lessee: 401 Mclntire Road Charlottesville VA 22902 Lessor: 2100 East Market Street Extended Charlottesville VA 22902 Or to such other address as may be furnished by either party to the other in writing accordance with the provisions of this paragraph. The date of mailing shall be deemed the date of giving such notice, except for notice of change of address, which must be received to be effective. (25) HEADINGS: The headings contained within this Lease are solely for purposes of convenience in reviewing the document and shall not be considered in construing the meaning of any paragraph. (26) ENTIRE AGREEMENT: This Lease constitutes the sole agreement between Lessor and Lessee and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the Premises. WITNESS the following signature and seals: LESSOR: SECURITYBy ~~:~~ M~V ~N C.~....~'~ Presley'"~. Thach, President Approved as to form: Chanty Attorney LESSEE: COUN~,,~DF A. LBE/V~RLE, VIRGINIA ~ '~ob~t W. Tucker, J~. ~ I/ Cou~y Executive ~ 8 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Potential Transportation Enhancement Grant Projects SU BJ ECT/PROPOSAL/REQUEST: Request for the Board of Supervisors to direct staff on which project(s) to pursue for Enhancement Grant funding for 2002 STAFF CONTACT(S): Messrs. Tucker, Cilimberg, Foley, Benish, Wade AGENDA DATE: October 3, 2001 ACTION: CONSENTAGENDA: ITEM NUMBER: INFORMATION: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BAC KG RO U N D: Staff is providing the Board of Supervisors information on potential TEA -21 (Transportation Equity Act for the 21st Century) Enhancement Grant project(s), which could be pursued by the County. The next deadline for grant requests is January 31, 2002. VDOT has established twelve categories for eligible projects (Attachment A). The Transportation Enhancement Program provides a means of financing activities that go beyond the normal elements of transportation projects. The intent of the Enhancement Grant program is to more creatively integrate transportation facilities into their surrounding communities and natural environment. Up to 80 percent of a transportation enhancement project can be financed with federal STP funds. A minimum of 20 percent must come from other publiC or private sources. DISCUSSIO N: Staff has identified five potential projects. The Board of Supervisors must secure at least 20% of the grant. Staff is requesting the Board of Supervisors guidance on which project(s) to pursue. Staff will present additional information on the project(s) the Board of Supervisors recommends as it completes the proposal(s). The County is required to hold a public hearing for any grant proposal. Public hearings on any proposed project would be anticiapted to be held in January. 1. Crozet Streetscape Project: A proposal for the planning and development of streetscape improvements for downtown Crozet along Route 240. The grant will incorporate recommendations from the Crozet Community Plan and Crozet Sidewalk Study, currently under development. Staff anticipates the design will include read improvements, sidewalks, lighting, and landscaping along Rt. 240, potentially from the library to Jarman Gap Road. 2. Darden Towe Park to Pen Park Pedestrian Bridge: This project will propose a pedestrian bridge that crosses the Rivanna River to connect Pen Park and Darden Towe Park. There is not currently a safe and convenient pedestrian access between these two major parks. The proposal will meet the American Disability Act requirements. This proposal may be a joint application with the City of Charlottesville. The City has this project on a list of potential TEA -21 Enhancement projects to be funded. 3. Boat Launch Access at Polo.Grounds. Road (Route 643)~, Rivanna River: This project :will propose a boat launch and river access to the Rivanna River at the Route 29 Bridge from Route 643. This would be an ideal location for a boat launch and access to the proposed Rivanna Greenway. This general area is currently being used informally in an uncontrolled manner. This project is consistent with the recommendation of the County Greenway Plan and would serve to provide safe controlled/public access to the South Fork Rivanna River, below the reservoir dam. 4. Meadow Creek Parkway -Phase 1: The Meadow Creek Parkway Final Report adopted as a component of the Comprehensive Plan in September 2001, recommends a road alignment with a design concept that would include development of a linear park/open space, bicycle and pedestrian facilities and transit routes that connect new and existing neighborhoods, and communities facilities. The grant will be used towards planning and development of these facilities. 5. Rivanna River Greenway- Pantops: This grant would fund development of the Greenway along ~he Rivanna River from Free Bridge (Rt. 250) to State Farm. This facility is identified in the Greenway Plan and the Neighborhood Three Study, AGENDA TITLE: Potential Transportation Enhancement Grant Projects October 3, 2001 Page 2 both components of the Comprehensive Plan. There has been reservation on dedication of land in this area for greenway development. New residential developments in this area (Carriage Hill, Riverbend Apartment) will increase the demand for pedestrian facilities. The greenway would also serve to connect this area to Darden Park. Staff is aware of a previous request for an Enhancement project by the Batesville improvements. The Batesville Ruritan Club may decide to submit an application in 2002. Board of Supervisors support. Ruritan Club for streetscape This request would require the RECOMMENDATION: Staff recommends the Board of Supervisors support staff's recommendation to pursue the Crozet Streetscape Plan as the top priority. The remaining projects have been listed in order of staff's recommendation. 01.177 ATTACHMENT A Virginia Department of Transportation TRANSPORTATION ]-~ancement Application Packet FY2000-2001 ~ TR.*.NSPORT.~TIO N ~ P R 0 {~ R ~. M COMMONVVEALTH OF VIRGINIA A. Applicant (Group, Agency, etc.) Name and Address FY 2000 - 2001 PROJECT APPLICATION FORM Date: Responsible Person/Title Telephone Project Manager Fax Email Telephone Fax Email Transportation Enhancement Category (Check all that apply and complete Attachment A) 1. Bicycle and Pedestrian Facilities 2. Bicycle and Pedestrian Safety and Educational Activities 3. Scenic Easements and Scenic or Histodc Sites 4. Scenic or Histodc Highway Program 5. Landscaping and Other Scenic Beautification 6. Histodc Preservation 7. Rehabilitation and Operation of Histodc Transportation Building, Structures, or Facilities 8. Preservation of. Abandoned Railway Corddor 9. Control and Removal of Outdoor Advertising 10. Archaeological Planning and Research 11. Mitigation of Pollution Due to Highway Run-off and Wildlife Protection 12. Establish Transportation Museums D. Project Location and Description Project 'l-rd e: Project Description: E. Date of Public Headng: (attach a copy of the public nolJce) F. Endorsements Date of Local Government Resolution of Endorsement (attach a copy of the resolution) Date of MPO' Resolution of Endorsement: (attach a copy of the resolution. Indicate NA if not applicable) Attach a copy of any endorsements from cMc or public interest groups or organizations. G. Ownership (who will own/maintain the corn pleted project?): H. Project Schedule Dates Begin Design: Begin Construction/Implementation: Estimated Completion: Project Cost Estimate *' Federal Participation Requested Non-Federal Participation (applicant match) * NOTE: Only show costs for elicjible items. Cost Breakdown Preliminary Engineering (planning and design) Right-of-way (land acquisition) Utility Relocation Construction/Implementation TOTAL (minimum 20%) % Match TOTAL $ $ (must match total above) If partial funding is provided, are there elements of the project that can be completed in phases? Yes No If yes, attach a description of the phasing. Phase I $ Phase II $ Phase III $ TOTAL $ Source of Non-federal funds Status (confirmed/anticipated) J, Descdbe in detail any tangible in-kind match you propose for the match requirement. Amount $ K. Selection Criteria: Attach sheets that address each item in Attachment B. L. Signature (responsible person) Date: MAILING ADDRESS AND TECHNICAL ASSISTANCE Please mail FIVE copies of your completed application package to the following address: Mr. Robert O. Cassada Programming and Scheduling Division Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 Technical Assistance Bob Terrell: (804) 786-2872 Winky Chenault: (804) 786-2264 fax: (804) 371-8719 web site: ATTACHMENT A Commonwealth of Virginia Transportation Enhancement Program F"'] 1. Bicycle and Pedestrian Facilities Criteria Criteria Serves transportation function Activity More aesthetic routing Enhanced design facilties to make them more usable Construction of separate facility (path) create wider curb lane Provide access to public transit Bicycle lockers/racks Safety and educational activities Narrated touring information Boardwalk or sidewalk that has outlasted useful life (30 years) Serves recreation function only Incidental element of highway proiect to accommodate routine use (paved shoulder, wide curb lane, sidewalks) Widen roadway to VDOT standards Maintenance activities Circular trail within a park D2. Bicycle and Pedestrian Safety and Educational Activities Criteria Criteria Non-construction to the public or targeted to general public Not ible or duplicate Section 402 funding opportunities claes Educational materials (maps and/or brochures) Enforcement activities Safety campaign program bicycle patrols School safety patrols NOTE: Check every block that is applicable on each page for your project, both eligible and ineligible items. If not listed, add comments under "other" for each category to specify what you are proposing. The eligibility of any items listed as "other" will be determined in consultation with the FHWA. A-1 ATTACHMENT A Commonwealth of Virginia Transportation Enhancement Program D3.Scenic Easements and Scenic or Historic Sites Criteria criteria National Register of Histodc Places (on or eligible) or aesthetic value or Significant historic value or or or open space value Acfl¥ity Scenic easement to enhance transportation experience Scenic site to enhance transportation expedence Historic site to enhance transportation expedence historic bddge Land around histodc site adjacent to scenic highway Bddge restoration if outlasted useful life (30 years) Not the scenic character manner Access road to historic site Park improvements which do not include enhancement activities not associated ~ scenic or histodc Land purchase to protect internal viewshed D4.Scenic or Historic Highway Program criteria state Or Federal designated scenic or or histodc highway (Virginia Byway) or Linked to scenic or historic programs or scenic or historic sites Protect and enhance integrity and visitor appreciation of an New state scenic byway program area ~esteration of histodc lighting standards Aesl~hetic treatment of retaining walls and ,quardrails Aesfl~eticelly pleasing bridge rails (new or restoration) ~) owned and leased to a public entity Not Criteria Not a State of Federal designated scenic or histodc highway (Virginia Byway) or Not linked to scenic or histodc programs or scenic or historic sites the scenic or historic Construction or repair of safety rest areas Additional lanes marketing, or promotion Purchase items for advertising or brochures for local or national businesses New scenic or histodc highway maintenance, staffing, or operating costs A-2 ATTACHMENT A Commonwealth of Virginia Transportation Enhancement Program Landscaping and Other Scenic Beautification Criteria Enhance the aesthetic or ecological resources along points of access, and lands enhancement activities and/or construction Scenic vista and ovedooks Restoration of histodc landscapes Move trees out of clear zone Retrofit existing noise banders with landsca ' architecture one having appropdats Roadside ecological viewing areas are aesthetically pleasing Other (Specify): Criteria corridors, points of access, and lands for other enhancement activities. of transportation Activity Routine roadway maintenance Construction of noise banders Post-constzuction landscaping work eing part of an overall plan or diseased/deed D6. Historic Preservation 3lo Criteria Project relates to the intermodal surface transportation system the historic significance of the proiect itseff or the area to be served National Register of Histodc Places or National Register Historic District or Local landmark or Local Historic District Criteria he intermodal surface impact, or history. functional proximity, Not listed in or eligible for listing in the National Places fistodc building that serves as multimodal center Restoration of lighthouses Stabilization and interpretation of a Native Amedcan site Discovered as a result of a transportation project of histodc transportation structure or facility Creation of a nontransportation related museum Maintenance activities Civil War battlefields and/or fort improvements historically as a meeting place only I I A-3 ATTACHMENT A Criteria Commonwealth of Virginia Transportation Enhancement Program Rehabilitation and Operation of Historic Transportation Buildings, Stuctures, or Facilities ible Not Criteria on a profit basis National Register of Histodc Places (on or elibible) or National Resister Historic District or histodc district Rehabilitation preserves significant historic features Operation is open to general public and is not-for-profit Tunnel Trestle Rail or other guideway depot / train station terminal stock Canal viaduct lock Other manmade transportation feature Interpretive display Histodc inn or tavern Maintenance on an existing building D8. Preservation of Abandoned Railway Corridor ble Criteria Rail corridor that has been authorized for abandonment the Interstate Commerce Commission or Rail corddor that has been rail banked under Federal or state authority Publically owned or Privately owned but open to the ~leneral public without charge Activity bicycle and/or pedestrian trail Criteria Private use Not A fee is cha~ed to the user A-4 ATTACHMENT A D9. Eli~lible Criteria Removal of existing signs, displays, and devices Comply with legal process that bases payment on an equitable appraisal Priority given with other enhancement activities Project above and beyond current state expenditure for billboard removal Activity Compilation of accurate inventory of nonconfoming outdoor advertising displays PUrchase and removal of nonconforming billboards Purchase of scenic easements along transportation corridors to preserve viewshed Commonwealth of Virginia Transportation Enhancement Program Control and Removal of Outdoor Advertising Not Eli~lible lCrni~eer/acurrent state billboard removal program AUcflvity D10. Archaeological Planning and Research ible Not Eli Criteria with a transportation facility Criteria is not associated with a transportation facility Research on sites eligible for transportation enhancement funds in archaeological site preservation and interpretation evaluation, and treatment of archaeological sites Problem-oriented synthesis using data derived from transportation-related archaeological sites Excavations into GIS systems to accommodate future transportation projects Creation of a museum Partnerships Recordation and curafion of art~acts previously recovered along a transportation corridor Public exhibit of artifacts A-5 - ATTACHMENT A r'-i 11. Commonwealth of Virginia Transportation Enhancement Program Mitigation of Pollution due to Highway Run-off and Wildlife Protection ibis Not ibis Criteria Must be over and above existing mitigation requirements Projects that demonstrate aesthetic and ecological methods for mitigation and enhance recharge are encouraged control alongside an existing highway Create a wetland to fleer runoff Stream/channel landscaping to promote filtedng Regional or watsshed-based improvement project ects that reduce vehicle-caused wildlife mortality Wildlife crossings (underpass or overpass) Fencing extensions to Monitoring and data collection passage Develop/improve habitat resources of land without completed plans and fund commitments necessary for a mitigation project ecta that do not maintain habitat connectivity D12. Establish Transportation Museums ibis Criteria Museum is surface transportation related Definition of a museum 1. Not-for-prcfit institution or government-entity :2. Essentially educational in nature 3. Have a formally stated mission 4. Have one full-time paid qualified professional staff 5. Present regularly scheduled programs/exhibits 6. Have a formal/appropriate program of documentation, care, and use of collections/obiects 7. Have a formal/apprcpdate pro~lram of presentations and maintenance of exhibits and artifacts purchased for the museum a. New building b. Addition to an existing building c. Conversion of Establishment of a maritime museum (specify): Criteria Museum is not surface transportation related Doss not meet all 7 criteda for the definition of a museum Land/building purchase beyond that needed for the transportation museum Operation or maintenance costs of an existing museum Air museum or prsserve aircraft or structures related t~ aviation g, or objects not related to transportation A-6 -ATTACHMENT b Commonwealth of Virginia Transportation Enhancement Program Supplemental Evaluation Criteria A. Relationship of the project to surface transportation. B, Inclusion in a State/Regional/Local Plan C. Demonstrable Need/Community Improvement (benefits of your project) D. Community SupportJ Public Involvement Note: If absolutely necessary, you may attach additional sheets to further explain an element. B-1 · ATTACHMENT B Commonwealth of Virginia Transportation Enhancement Program Supplemental Evaluation Criteria E. Public Accessibility F. Compatibility with Adjacent Land Use G. Public/Private Venture H. Environmental/Ecological/Air Quality Benefit B-2 -ATTACHMENT B Commonwealth of Virginia Transportation Enhancement Program Supplemental Evaluation Criteria I. significant Aesthetic Value Achieved J. Impact on Community Economy & Tourism K. Educational Impact L. Safety Impact B-3 -ATTACHMENT B Commonwealth of Virginia Transportation Enhancement Program Supplemental Evaluation Criteria M. Originality & Number of Enhancement Categories N. Historical Value O. Strategy for Upkeep & Maintenance P. Relationship to a Previously Funded Project R-4 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Woods Edge Apartments for the Elderly SUBJECT/PROPOSAL/REQUEST: Status Update & Agreements for County Contribution AGENDA DATE: October 3, 2001 ACTION: ITEM NUMBER: INFORMATION: CONSENTAGENDA: ACTION: X INFORMATION: ATTACHMENTS: Memorandum of Agreement- County/Piedmont Housing Alliance; Woods Edge Agreement ' - PHA and JABA STAFF CONTACT(S): Tucker, Roxanne White, Ron White REVIEWED BY_: ~"/~/ BACKGROUND: ~ ~-'artments is a 96-unit new construction tax credit project develol~d by a partnership involving Fore Property Company and the Jefferson Area Board for Aging (JABA). The three-story building is designed for seniors with senior services and activities to be provided in part by JABA, which are targeted to the eldedy at 60% of the median county income. Proposed rents, which include gas, water, sewer, and trash collection, are $610 for one-bedroom units and $731 for two-bedroom units. On July 5, 2000, the Albemarle County Board of Supervisors adopted a resolution for the issuance of up to $5,250,000 of revenue bonds to finance the development and agreed to support the project with $320,000 over an eight year period to reduce the rents for 30 elderly households with incomes below 50% of the area median income. The County funding was subject to a separate agreement with JABA that assures the funding is used for the project as outlined in their report dated May 30, 2000 and the July ~, 2000 Executive Summary titled Funding Request from Fore Woods Edge L.L.L.P. for Woods Edge Apartments. During the FY 02 budget discussions, a decision was made to appropriate the annual contribution of $40,000 for the Woods Edge program to the Piedmont Housing Alliance (PHA). PHA, a regional non-profit_organization, which currently administers the Albemarle Housing Initiative Fund, indicated the potential for leveraging Federal funds using the County's contribution to JABA. PHA agreed to receive the funds from the County, disburse them to JABA, monitor the compliance, and provide periodic reports to the County's Office of Housing on the use of the funds. The appropriation was approved as part of the FY01/02 budget. Any funds leveraged by this contribution to PHA will be directed toward other identified housing needs for the elderly. DISCUSSION: Woods Edge Apartments expect to open in early November 2001 with a stabilized occupancy of at least 95% by the end of March 2002. Management staff is beginning to process reservations into rental applications with fifteen completed (eight of which are County residents). Staff is working on 20 additional reservations, 16 of which are County residents. JABA's success in attracting County residents has resulted from a number of activities including: 2. 3. 4. 5. 6. NOTE: Posting information on the County's.website; Developing and disseminating a fact sheet to neighborhood associations; Distributing information to PTO councils; Various advertisements (including radio to begin in October), flyers; Distributing information at public events and in churches; and Distributing information to social service and civic organizations. Lee Catlin provided assistance for items 1 through 3. The Woods Edge management agent has also notified the Office of Housing that they will begin accepting referrals through the Housing Choice Voucher Program. Individuals with the voucher subsidy will be able to afford the market rate, but get the additional rent reduction provided with the County's contribution. AGENDA TITLE: Woods Edge Apartments for the Elderly October 3, 2001 Page 2 Attached are two draft documents to complete the commitment of funds to JABA through the budget appropriation to PHA. The County will execute a Memorandum of Agreement with PHA that outlines the purpose of th e appropriation and obligations of both PHA and JABA. In addition to administering the funds, PHA is requested to leverage the funds to the extent possible to address other elderly housing issues. The MOA also requires PHA to receive periodic reports from JABA on beneficiaries of the County contribution and to forward the reports to the County's Office of Housing. The second document is the Woods Edge Agreement between PHA and JABA. This agreement outlines the purpose and provides some flexibility in how and when PHA disburses the funds to JABA. Both documents detail JABA's responsibility for using the funds to provide rent reductions for 30 of the property's 96 units and to rent these units to households with incomes below 50% of the area median income. ~" Both agreements are for one year allowing for annual renewals with or without revisions for a period of up to eight years. Such renewals would be based on performance and annual appropriations from the County. RECOMMENDATION: Staff recommends that the attached draft agreements be approved to meet the final condition of a separate agreement for the County's contribution to the Woods Edge elderly housing project, Once finalized, staff recommends that the Board authorize the County Executive to execute the Memorandum of Understanding agreement with PHA. PHA will then execute an agreement with JABA as outlined in the draft attachment. A full report on the Woods Edge project will be provided to the Board after full-lease up is completed after the first of the year. 01.178 DRAFT: September 25, 2001 WOODS EDGE PROJECT MEMORANDUM OF AGREEMENT This Memorandum of Agreement is made this day of ,2001 by and between the COUNTY OF ALBEMARLE, a political subdivision of the Commonwealth of Virginia (the "County") and the PIEDMONT HOUSING ALLIANCE ("PHA"). WItEREAS, the preservation of existing housing in safe and sanitary condition and the production of new housing for persons of low and moderate income are public purposes-and uses for which public money may be spent, and such preservation and production are governmental functions of concern to the County; and WltEREAS, the County wishes to support PHA in making grants or loans to owners of residential rental property occupied, or to be occupied, following rehabilitation or after construction if new, by persons of low and moderate income, for the purpose of rehabilitating or producing such property, subject to certain requirements. THEREFORE, the County does hereby make an annual grant of $40,000 to the Piedmont Housing Alliance subject to the following conditions: 1) Purpose. This grant is made solely for the purpose of assuring that the Woods Edge residential rental property will be occupied by elderly persons of low and moderate income. 2) PHA Obligations. PHA shall, upon receipt of funds from the County, manage the fimds, develop a process for disbursing funds to the Jefferson Area Board on Aging, Inc. ("JABA") (or its designee), receive reports from JABA and forward reports to the County's Office of Housing. PHA shall leverage the funds to the extent possible. Any leveraged funds shall be used by PHA to further assist very low-income elderly households address their affordable housing needs. PHA shall report the amount and use of leveraged funds to the County's Office of Housing as requested. 3) JABA Obligations. As a condition of making disbursements of grant funds to JABA, PHA shall enter into a separate agreement with JABA. Said agreement shall provide that County funds provided by PHA to JABA shall be used solely to subsidize rents for those households below 50% area median income, with priority given to current Albemarle residents. As further conditions of receiving County funds from PHA, said agreement shall also require JABA: a) To ensure that for a minimum of eight years, 30 of the development's 96 units are rented to elderly households with incomes at or below 50% of the area median income as follows: i) 1 person ii) 2 persons iii) 3 persons iv) 4 persons $21,300 $24,300 $27,350 $30,400 These income limitsare subjectto annual revisions whenadjustments are published by the U. S. DepartmentofHousingandUrbanDevelopment. DRAFT: September 25, 2001 4) 5) 6) 7) b) To utilize the annual allocation of $40,000 to reduce rents for the ~30 eligible households who are not receiving rental assistance under the Section 8 Housing Choice Voucher Program, with reductions ranging from $107 to $127 monthly; c) To maintain outreach efforts and work with the management entity to provide outreach to eligible households currently residing in Albemarle County; d) To provide quarterly reports to PHA indicating the unit numbers receiving assistance, the contract rent for all units at Woods Edge, and the rental assistance provided for each unit. Timing of Funding. PHA shall receive 25% of the annual funding at the beginning of each quarter. PHA may disburse the full amount to JABA quarterly or may choose to disburse monthly. PHA shall compile a report to the County by December 31 and June 30 each year. Unused Funds. Unused funds as of June 30 each year shall be used to offset future disbursements, at the discretion of the County. Default. A violation of any of the terms contained herein shall be considered a default. In the event of default, the County reserves the right to terminate any further grants previously allocated, but not yet disbursed. Term. This agreement shall be valid through June 30, 2002 and may be extended, with or without amendments, annually for up to eight consecutive years, if the Parties so agree. All funding is subject to annual appropriation by the County Board of Supervisors. COUNTY OF ALBEMARLE By County Executive PIEDMONT HOUSING ALLIANCE Approved as to Form: By Albemarle County Attomey DRAFT: September 25, 2001 WOODS EDGE AGREEMENT This Agreement is made this day of , 200i by and between the PIEDMONT HOUSING ALLIANCE ("PHA"); and the JEFFERSON AREA BOARD ON AGING, INC. ("JABA"). 3) WHEREAS, Albemarle County (the "County") is granting $40,000 to PHA to assist the Woods Edge residential rental property, subject to certain conditions; and WHEREAS, PHA anticipates making certain payments to JABA to make housing affordable to elderly persons of low and moderate income; and ~. WHEREAS, this Agreement is intended to ensure that JABA complies with the conditions of PHA's grant to make affordable housing available at Woods Edge. l) 2) THEREFORE, the Parties agree to the following conditions: Purpose. PHA's grant is made solely for the purpose of assuring that the Woods Edge residential rental property will be occupied by elderly persons of low and moderate income. JABA Obligations. Funds provided by PHA to JABA shall be used solely to subsidize rents for those households below 50% area median income, with priority given to current Albemarle residents. As further conditions of receiving funds from PHA, JABA hereby agrees: a) To ensure that for a minimum of eight years, 30 of the development's 96 units are rented to elderly households with incomes at or below 50% of the area median income as follows: b) c) d) i) 1 person ii) 2 persons iii) 3 persons iv) 4 persons $21,300 $24,3O0 $27,350 $30,400 These income limits are subject to annual revisions when adjustments are published by the U.S. Department of Housing and Urban Development. To utilize the annual allocation of $40,000 to reduce rents for the 30 eligible households who are not receiving rental assiStance under the Section 8 Housing Choice Voucher Program, with reductions ranging from $107 to $127 monthly; To maintain outreach efforts and work with the management entity to provide outreach to eligible households currently residing in Albemarle County; To provide quarterly reports to PI-IA indicating the unit numbers receiving assistance, the contract rent for all units at Woods Edge, and the rental assistance provided for each unit. Timing of Funding. PHA may disburse the full amount to JABA quarterly or may choose to disburse monthly. PHA may withhold funding if JABA is in default of the reporting requirements set forth in Paragraph Two, above. DRAFT: September 25, 2001 4) Unused Funds. Unused funds as of June 30 each year shall be subject to recall by PHA or may be used to offset future disbursements, at the discretion of PHA. 5) Default. A violation of any of the terms contained herein shall be considered a default. In the event of default, the PI-IA reserves the right to recall any or all grant monies spent in violation hereof. Furthermore, the PHA may terminate any further grants contemplated by this Agreement. 6) Term. This agreement shall be valid through June 30, 2002 and may be extended, with or without amendments, annually for up to eight consecutive years by mutual agreement. All funding to PHA for this elderly low and moderate income housing, assistance is subject to appropriation of such funding by the County Board of Supervisors. PIEDMONT HOUSING ALLIANCE By JEFFERSON AREA BOARD ON AGING, INC. By 2 The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 3rd day of October 2001 ,. adopted the following resolution: RESOLUTION WHEREAS, Fortune Park Road in Forest Lakes North (Commercial Area) Subdivision described on the attached Additions Form SR-5(A) dated September 21, 2001, fully incorporated herein by reference, are shown on plats recorded in the office of the Clerk of the Cimuit Court of Albemarle County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that Fortune ParkRoad meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add Fortune Park Road in Forest Lakes North (Commercial Area), as described on the attached Additions Form SR-5(A) dated September 21, 2001, to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTH 5R RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded vote: Moved by: Seconded by: Yeas: Nays: Ms. Charlotte Y. Humphris Mr. Charles S. Martin Mr. Charles S. Martin; Mr. Walter F. Perkins; Ms. Sally H. Thomas; Mr. David P. Bowerman; Mr. Lindsay G. Dorrier; Jr., and Ms. Charlotte Y. Humphris. None. A Copy Teste: ADDITIONS FORM SR-5 (A) - Attaohment to (aheok one only) PROPOSED ADDITIONS TO THE SECONDARY SYSTEM OF STATE HIGHWAYS [] Board of ~upervisors Resolution [] Su=ety Instrument Dated: 21 Se~ 2001, ,' Attaohment i of i Name of Subdivision: Forest Lakes North, Commercial Area Albemarle County Ref. Name of Street street Addition Termini I~-O-W Miscellaneous Addition Length No. , .............. W£d,th (,ft,. } , ,~ Notes ............ Centerline Miles i Fortune ~ark Road ~cm: X~,~e~aeotAon of Rt. 1721 Tla~ezwood Boulevard (edge of pav~aent) S0' 0.09 To: In~ezae~tion of Rt. 1722 Wor~h C~osaing (e~,e ,of pavement) ,, , ........ Re~,=ded Da~e: 9-24-97 Bo~k,: Pages: , 16t3 ~o: P~a? ~,eoo~ted ~a~e: ,~eed aoo~: , Page: ..... 4 Pz~n ~ , ,Plat: h~orcl~l Date: Deed B~k: , To~ T0~I ~leage 0.09 Notes: Guaranteed width of right-o£-w&~ exclusive of any necessary easements for cuts, lille, and drainage. CERTIFICATION OF ATTACHMENT This attachment is ae~ a part of the doou~ent indicated above: (Name and Title) The roads described on Additions Form SR-5(A) are: 1) Fortune Park Road from the intersection of Timberwood Boulevard (Route 1721), edge of pavement, to the intersection of Worth Crossing (Route 1722), edge of pavement, as shown on plat recorded 9~24/97 in the office of the Clerk of the Cimuit Court of Albemarle County in Deed Book 1643, pages 643-644, with a 50-foot right- of-way width, for a length of 0.09 mile. Total Mileage - 0.09 mile. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY FY 01 Budget Amendment SUBJECT/PROPOSAL/REQUEST: Review of Proposed FY01 Budget Amendments in the amount of $935,387.60 for October 10th public hearing to approve the amendment and Appropriation #20083, 20084, 20085, 20087, 20088, 20089, 20090. ACTION_: CONSENT AGENDA: ACTION_: INFORMATION: INFORMATION: X ATTACHMENTS: Yes . BACKGROUND_: The Code of Virginia §15.2-2507 stipulates that the County must hold a public hearing to amend its budget if the additional appropriated amounts exceed 1% of the original budget or $500,000, whichever is the lesser. The Code section applies to all funds, i.e., Capital, E-911, School Self-Sustaining, etc., not just the General Fund or County's adopted operating budget. DISCUSSION: This proposed FY01 Budget Amendment totals $935,387.60. The chart below breaks out the estimated expenditures and revenues for the amendment in the General Fund, School Fund, and various Grants/Programs Funds. ESTIMATED EXPENDITURES_ General Fund Judicial Public Safety Engineering/Public Works Parks, Recreation, Culture Refunds Total Expenditures- General Fund Education Operating Fund $ 11,000.00 243,000. O0 1,000.00 9,000.00 89,000.00 $ 353,000,00 $ 310,978.10 GrantslProgramslProjects Funds M.P.O. Grant Traffic Safety Grant Family Support Program Comprehensive Services Act Towe Park Total Expenditures - Other Funds TOTAL ESTIMATED EXPENDITURES $ 26,500.00 3,809.50 90,000.00 150,000.00 1 ,lOO.Oq $ 271,409.50 ESTIMATED REVENUE. G~eneral Fund Local Revenue State Revenues Fund Balance Total Revenues - General Fund 1,450.00 9,000.00 344,000.00_ 354,450.00 Education Funds Local Revenue Total Revenues - Education Funds $ 54,518.02 G rants/Programs/Projects Funds Local Revenues State Revenues Federal Revenues Fund Balance Total Revenues - Other Funds $. 235,489.00 133,056.58 137,369.08 20 504.92 $ 526,419.58 Total Estimated Revenue- All Funds ~ This budget amendment consists of seven appropriations that will need approval subsequent to the public hearing. A Qetailed description of these appropriations is provided on Attachment A. RECOMMENDATION: Ne action is required by the Board at this time. This information is provided to the Board for review prior to the Budget Amendment public hearing scheduled for October 10th. At that time, staff will request approval of the FY01 Budget Amendment in the amount of $935,387.60, and approval of Appropriation #20083, 20084, 20085, 20087, 20088, 20089, and 20090 as detailed on the appropriation forms, which can be found in the Clerk's Office. 01.181 Attachment A Appropriations APPROPRIATION ~.0083. Comprehensive Services Act Mandated services for special education (residential and non-residential) exceeded projections. Funding will be provided by additional state revenues and a transfer from the School Fund for their share of the additional expenses. APPROPRIATION #20084_ Funding for Metropolitan Planning Organization Grant :The 2000/01 Unified Planning Work Program was prepared by the Thomas Jefferson Planning District Commission for the Charlottesville Albemarle Metropolitan Planning Organization. The program includes transportation studies and ongoing planning activities, including a Transportation Improvement Program that lists roads and transit improvement for the upcoming three years, and the 20-year Charlottesville Area Transportation study updated every five years. Other activities address traffic congestion, city-county bicycle and pedestrian improvements, and public-private transit development. Activity in the later part of the fiscal year requires approval of expenses incurred for these studies. APPROPRIATION #2008~ Funding for Traffic Safety Grant Traffic activity continues to increase in the County of Albemarle. The Virginia Department of Motor Vehicles recognizes this problem and has funded grants using federal pass through monies to increase traffic enforcement through selective enforcement assignments employing officers working overtime. This grant commenced October 1, 1999 and extended through September 30, 2001. A balance of $3,809.50 remains to be appropriated in 2000/01. There is no local match. APPROPRIATION #20087. Additional Funding for Family Support Program Expenditures exceeded projections; fully covered by additional federal revenues. APPROPRIATION #20088. Funding for School Programs The Preschool Grant was not fully expended in FY 99/00. The grant carryover amount of $19,959.58 retained by the State may be appropriated for FY 00/01. These funds will help cover additional preschool summer school expenses. The Regional Education Program (PREP) was funded in the school budget for FY 00/01 in the amount of $1,251,694.00. it is requested that the fund balance of $10,000 be re-appropriated for FY 00/01 to help cover additional expenses in the PREP Program. APPROPRIATION #20089 . Funding for School Programs The Albemarle County Public Schools Summer Program incurred additional expenditures and received additional revenue exceeding the budget appropriation in the amount of $42,000.00. These additional revenues wilt be used to pay teacher salaries. The Adult Basic Education Program had a shortfall of $922.00 for FY00-01. The program mandates a '15% match of local funds. It is requested that $922.00 be transferred from the School Fund to adequately meet the grant mandate. The General Adult Education Program is a federally funded program that provides instructional services to meet the needs of adults who are working toward a high school diploma. The actual revenues received exceeded the anticipated revenues by $4,768.00. There is also a fund balance from FY99-00 in the amount of $3,317.90. These funds will help to cover the expenses of General Adult Education for FY00-01. · · ' 'nia's four-year old Preschool initiative, Bright.. Stars.. . un Public Schools (ACPS! ,s .a partner ~:_V.[rg~,,,~ ,-,~-.~ ( r akfast, lunch, snack) to part,c~patmg Albemarle Co ty .... ,-,~,~ nrnvideS transportauu,, ,~-'~ ..... Is ,b e ram. The As part of this partnersmp ~,r,-, ~. .... children through the United States Department of Agriculture's Child Care and Adult Day Care Prog program reimburses the school division for meals based on the student's participation and qualification for free or reduced priced meals. The reimbursement received was $34,823.60. There is also a fund balance from FY99- 00 in the amount of $1,538.83. These funds will help cover the Bright Stars program expenditures for FY00-01. The Program for Seamless Transition (POST) grant award was not fully expended in FY99-00. The grant has a fund balance in the amount of $5,648.19. These funds need to be re-appropriated in FY00-01. The Vehicle Maintenance Fund exceeded its appropriated budget during FY00-01 due to higher than anticipated fuel costs and greater usage. This fund was established several years ago to remove the fuel, lubricants, and parts expenses associated with the maintenance of outside vehicles from the School Fund· This fund contains all of the fuel, lubricants, an_d, parts used to repair both local government vehicles and other vehicles serviced and fueled at the School system s repair facility. It is requested that $188,000.00 be re-appropriated to cover these expenditures. The Comprehensive Services Act (CSA), implemented in t993, is the primary funding source for at-risk children and families who are either in foster care, involved with the iuvenile court system, or require residential or day nt services because of their special education needs· The School Division is fiscally responsible for costs treatme . . · · ices to those children served under the CSA. ~ final estimate of associated with providing special education serv steady increase in the number of children with these costs has been completed for FY00-01. There has been a significant emotional or behavioral issues who reside in Albemarle County. This placed serious demands on funds set aside to address the mandates of the CSA. Although it is difficult to predict with absolute accuracy what may be the final expenses for the FY01-02 school year, it is assumed that will be no noticeable decrease in the demand for these services in the foreseeable future. As projected in the financial reports provided to the Board during the year, there has been some savings associated with the reduced enrollment for FY01-02. The funds allocated for use for this Teacher Salary code were not required to meet expenses and, therefore, can be reallocated to meet this unanticipated expense. It is requested that $55,596.02 be transferred from the teachers salary account to the CSA fund. APPROPRIATION #20090. Funding for FY 00101 Over Expenditures The following activities exceeded appropriations for FY 01 · Juvenile Court - Salary adjustment and pay-off of accrued leave for terminating employee. Revenues to offset costs are provided by Virginia Juvenile Justice Crime contract Act funds (VJCCA). · Sheriff - Overtime wages for contracted external security activities; reimbursable overtime revenues from these activities also exceeded projections, was prepared based on a projected inmate census of 121,345. Regional ,Jail - The FY 01 County budget However, the actual FY01 inmate census was 154,278, an increase of 27% over projections. As a result of this, the per diem charge to the localities substantially exceeded the jail's budget projections. Towe Park- Repairs and maintenance exceeded projections by $1,100. Local shares increased due to a be certified shortfall in program revenues. Refunds - Increase in refunds due to pPTR (,Personal Property Tax Relief). Leased vehicles must as eligible by leasing company and often this occurs after original bill is paid. Aisc, a large license refund was made to a business that discontinued operations in the County. .- Education - Expenditures exceeded budget in four categories: Administration - $20,000; Transportation $95,000; Maintenance - $150,000; Construction - $50,000. Increased fuel and utility costs are the maIn factors. These costs will be offset by reduced expenditures in the instructional category. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Proposed FY 02 Budget Amendment SUBJECT/PROPOSAL/REQUEST: Review of ProPosed FY02 Budget Amendments in the amount of $12,536,616.89 for an October 10th public hearing to approve the amendment and Appropriation #2001010 though 2001016, #2001018 through 2001022, and #2001024 through 2001028 for various school and local government programs. STAFF CONTACT{S): Messrs. Tucker, Breeden; Ms. White AGENDA DATE: October 3, 2001 ACTION: CONSENT AGENDA: ITEM NUMBER: I N FORMATION: ACTION: INFORMATION: X A'i-rACHMENTS: REVIEWED BY: Yes BACKGROUND: The Code of Virginia {}15.2-2507 stipulates that the County must hold a public hearing to amend its current budget if the additional appropriated amounts exceed 1% of the original budget or $500,000, whichever is the lesser. The Code section applies to all funds, i.e., Capital, E-911, School Self-Sustaining, etc., not just the General Fund or County's adopted operating budget. DISCUSSION: This proposed FY02 Budget Amendment totals $12,536,616.89. amendment of the expenses and revenues in the funds. The chart below breaks out the estimated ESTIMATED EXPENDITURES General Fund Administration Judicial Public Safety Engineering/Public Works Human Development Parks, Recreation, Culture Community Development Board of Supervisors Contingency $ 358,554.10 17,275.00 148,336.63 172,461.46 48,620.71 37,402.20 236,918.08 (1,000.00) General FUnd Expenditures Education Operating Fund $1 ;018,568.18 $ 19,260.00 Capital Improvement Fund Local Government Education $5,718,777.82 1,162,480.62 Capital Improvement Expenditures $6,881,258.44 Grants/Programs/Project Funds Chesapeake Bay Restoration HUD Public Assistance Housing Comp. Community Corrections Act 2001 Local Law Enforcement Grant Metropolitan Planning Organization Bright Stars Program United Way Day Care Program Tourism Programs/Projects Computer Aided Dispatch Project Storm Drainage Projects Education Programs/Projects Grants/Programs/Projects Expenditures TOTAL ESTIMATED EXPENDITURES $ 7,540.00 1,478,070.00 564,442.00 37,814.00 20,000.00 10,000.00 529,870.00 380,841.41 413,318.69 949, 281.17 226,353.00 $4,617,530.27 ESTIMATED REVENUE General Fund Local Revenues Fund Balance Total Revenues - General Fund Education Funds Local Revenues Fund Balances Total Revenues- Education Funds Capital Improvement Fund Local Government Local Revenues State Revenues Fund Balance Education Fund Balance Total Revenues - Capital Improvement Funds GrantslProgramslProject Funds Local Revenues State Revenues Federal Revenues Fund Balances Total Revenues- Other Funds $ 93,806.00 1,369,568.18 $1,463,374.18 $ 2,750.00 6,500.00 $ 9,250.00 $ 313,336.90 54,150.33 4,436,364.93 1,162,480.62 $ 5,966,332.78 $ 646,672.69 745,787.00 1;796;446:00 1,908,754.24 $ 5,097,659.93 Total Estimated Revenue- All Funds $12,536, 616.89 This budget amendment consists of seventeen appropriations that will need approval subsequent to the public hearing. A detailed description of the appropriations is provided on Attachment A. Appropriation #2001017 was previously approved at the September 12, 2001 meeting and is included with this budget amendment to meet the statutory advertising requirement. No further action is required. RECOMMENDATION: No action is required by the Board at this time. This information is provided to the Board for review prior to the Budget Amendment public hearing scheduled for October 10th. At that time staff will request approval of the FY02 Budget Amendment in the amount of $12,536,616.89 and approval of Appropriation #2001010, 2001011, 2001012, 2001013, 2001014, 2001015, and 2001016 , 2001018, 2001019, 2001020, 2001021, 2001022, 2001024, 2001025, 2001026, 2001027, and 2001028 as detailed on the appropriation forms, which can be found in the Clerk's Office. 01.182 APPROPRIATION #2001010 Appropriations Attachment A $7,540.00 Authorization to Expend Chesapeake Bay Restoration Grant Stream buffer education has been ongoing in the County of Albemarle for some time. Stream buffer regulation began in 1991 when the County passed its first stream buffer ordinance. In 1999, the County received a grant to design stream buffer signs. This grant provides funds to produce the signs previously designed. The work to be performed by the County of Albemarle will be funded by a $3,150.00 State Grant and $4,390.00 local match. The local match will be transferred from the Engineering Department's approved budget and will not require additional funds from the County. APPROPRIATION #2001011 $1,478,070.00 Funding for HUD Public Assistance Housing Grants The Section 8 Housing Program is an ongoing rental assistance program offered by the Federal Department of Housing and Urban Development (HUD). The Section 8-001 program provides housing assistance with 170 subsidies. Program 8-001 is funded through June 2002. The Section 8-002 program provides 80 housing vouchers. The final amount of the Federal HUD grant will be determined by the final amount of assistance rendered to residents. Fund balance will be appropriated after the fiscal year end audit is completed. It is estimated that grant 8-001 will approximate $787,545.00 and grant 8-002 will approximate $690,525.00, a total of $1,478,070.(~0. APPROPRIATION #2001012 $564,442.00 Comprehensive Community Corrections Act Grant The County of Albemarle serves a fiscal agent for the Jefferson Area Community Criminal Justice Board (CCJB). In that capacity, the County receives and appropriates funds awarded to the CCJB by the Department of Criminal Justices Services (DCJS). The County contracts with community agencies to provide the services stipulated in the grant. For FY 2001/02, DCJS awarded $564,442.00 to the CCJB to be allocated as follows: Offender Aid and Restoration for pre-trial an d community correction services at the Albemarle-Charlottesville Regional Jail and community correction services at the Central Virginia Regional Jail Central Virginia Regional Jail for pre-trial services Region Ten Community'Ser~ices Board for substance abuse treatment Community Criminal Justice Board for office expenses $443,490.00 $ 33,066.00 $ 85,886.OO $ 2,000.00 Appropriation #2001013 $37,814.00 Funding for 2001 Local Law Enforcement Grant The U.S. Department of Justice has awarded a two-year grant beginning October 1, 2000 to the County of Albemarle for the reduction of crime and improvement of public safety. The Police Department plans on using these funds for current officers working overtime in support of community safety projects within the County. The funds can also be used to provide support in other areas, such as increased security, a crime prevention program, and a multi-jurisdictional task force. The $37,814.00 program will be funded by a $34,033.00 DOJ federal grant and local match of $3,781.00. local match will be funded out of current operations and does not require any additional monies. The Ar)r}ro=riation #2001014 $20,000.00 Funding for Metropolitan Planning Organization Grant The 2001/2002 Unified Planning Work Program was prepared by the Thomas Jefferson Planning District Commission for the Charlottesville Albemarle Metropolitan Planning Organization. The program includes transportation studies and ongoing planning activities, including a Transportation Improvement Program that lists road and transit improvement for the upcoming three years, and the 20-year Charlottesville Area Transportation study updated every five years~ Other activities address traffic congestion redu ction,.city-county bicycle and pedestrian improvements, and public-private transit development. The work to be performed by the County of Albemarle will be funded by a $16,000.00 Federal Grant, a $2,000.00 State Grant, and a $2,000.00 transfer from the Planning Department's approved budget. APDroDriation #2001015 $137,151.00 Authorization to Expend Various School Grants and Donation s Henley Middle School received a donation in the amount of $2,500.00 from the Henley Middle School PTO. These funds will be used for salaries for the At-Risk Program and library night. The Virginia Commission for the Arts awarded an Artists-In-Education Residency Program Grant (AIERP) in the amount of $1,350.00 to Stony Point Elementary School. This program will develop awareness of writing as a medium for students and staff, integrating creative and nonfiction writing into the core academic and arts curd cula. The Frederick S. Upton Foundation made a grant award in the amount of $6,000.00 to Henley Middle School. This grant award will support Henley's Cultural Enrichment Program in funding three artists-in-residency programs: Sculpture, Writer, and Dramatic Interpretation. The projects will involve interactive activities to include hands on learning experiences for students with performing, visual and musical arts. The Virginia Department of Education, Office of Vi rginia Business-Education Partnershi ps, made a grant award to the Albemarle County Public School's Vocational Department in the amount of $103,468.00. These funds will provide academic tutoring and mentoring to provide targeted students with adequate academic skills and career planning. Career planning activities include field trips, job shadowing experience and an entrepreneurial project. Albemarle County Public School's Special Education Department received a Special Education Local Improvement Grant (SLIVER) from the Virginia Department of Education in the amount of $15,627.00. SLIVER funds will allow Special Education teachers to increase the level of achievement of students with disabilities on SOL content areas assessments. These funds will be used to purchase computers and instructional technology. Dominion Virginia Power awarded a grant'in the amOuht bf $3,500;00 toBrOadus'Wood Elementary School. This grant will fund the project Kinesthetic Training for Students, Parents and Teachers. The target groups, which include students, parents and teachers, will be trained with kinesthetic learning techniques. These action-based activities help students strengthen learning and study skills in school and at home and will help prepare students for their SOL tests. The Virginia Department of Education awarded a Governor's Academic Challenge Grant in the amount of $4,706.00 to Murray High School for FY00/01. The goal of this program is to enable participating at-risk math students to pass the SOL tests. Computer assisted instruction; tutorial and teacher assistance will be available during the math lab and after school. Ar~pro~riation #2001016 $370,841.41 Original Appropriation for FY02 Tourism Fund Authorizes the transfer of Tourism Funds for nine projects approved in the original adopted General Fund budget: Visitor's Bureau, Visitor's Bureau Maintenance, Tourism Development, Virginia Film Festival, Lewis & Clark Festival, Festival of the Book, Discovery Museum, Municipal Band, Ashlawn-Highland. This appropriation will also authorize the transfer of an additional $35,000 to implement the Greenway/Blueway Program using Tourism Fund Balance revenues. (Explanation is provided with proposed new projects on Appropriation Form #2001028.) Remaining tourism funds, in the amount of $380,841, are appropriated to a contingency for future projects. The total contingency available for future projects is $580,081. Ap[~roDriation #2001017 Funding for Lewis & Clark Celebration The Board of Supervisors previously approved this appropriation on September 12, 2001. budget amendment to meet the statutory public hearing requirement. $1,000.00 It is included in this ApDroDriation #2001018 $254,323.18 Reappropriation of FY 00/01 Purchase Orders Outstanding as of June 30, 2001 Several departments had outstanding purchase orders for items contracted for in FY 01 that had not been received as of June 30, 2001. This reappropdation will provide funding for these outstanding purchase orders to be paid in FY 02. Ar)r)ror)riation #2001019 $413,318.6~ Reappropriation for C.A.D. System The C.A.D. System is an Emergency Communication Center project funded by the County, City of Charlottesville, and University of Virginia. This appropriation will reappropriate the funding for this uncompleted project. A~;ro=riation #2001020 $678,845.00 Reappropriation of FY 00/01 Uncompleted Projects as of June 30, 2001 Several departments had funding for projects originally approved in FY 01 that had not been completed as of June 30, 2001. This appropriation will reappropriate the funding for these uncompleted projects. These projects are itemized on the appropriation form. Appropriation #2001021 Computers for Bright Stars Program $10,000.00 This appropriation will provide funding for five elementary schools (Greer, Stone Robinson, Agnor-Hurt, Cale, and Scottsville) to purchase and install computers for their Bright Stars Program. These purchases will be funded by program revenues. Armro~)riation #2001022 $529,870.0u Funding for FY01102 United Way Daycare Program The County serves as fiscal agent for the United Way Program that provides scholarships for daycare assistance. This program is jointly funded by the County, City of Charlottesville, and Commonwealth of Virginia. County funds have already been allocated in the County's FY02 approved budget. ArmroDriation #2001024 $101,962.0u Stone Robinson Elementary School received a donation in the amount of $250.00 from the Northwestern Mutual Matching Gifts Program. This donation will be used to purchase educational materials for the school. The Charlottesville-Albemarle Community Foundation Grant was not fully expended during FY00-01. It is requested that the fund balance of $8,505.00 be re-appropriated for use in FY01-02. State Farm Insurance Company awarded Agnor Hurt Elementary School a grant in the amount of $30,000.00. This grant will fund the Mobile Classroom Project, The Do Drop In Bus. This bus is equipped as if it were a classroom. The goal of the program is to improve the academic performance of students through extending the time available to learn. The Virginia Commission for the Arts awarded Wood brook Elementary School a Touring Assistance Grant in the amount of $150.00. This grant will help fund the Bob Brown Puppets performance. At the November 30, 2000 meeting, the School Board received the Technology Literacy Challenge Grant Award from the Virginia Department of Education in the amount of $53,300.00. This grant award also has a grant balance of $45,590.00 that was not expended during FY00-01 and is being retained by the Virginia Department of Education for disbursement in FY01-02. This grant award is designee to provide instruction to selected teachers and other instructional personnel increasing their knowledge and skill to be effective in technology instruction. During the FY01-02 budget process, the School Board allocated $6,000.00 of funding to the Instructional Technology Department to pay for hardware and other expenses associated with connecting School Board laptops to Albemarle County School's network. Due to changing technology and selection of different hardware, not all of these funds were necessary to provide this service. The remaining funds of $4,000.00 are to be returned to the School Board Reserve. Albemarle County Schools received funds from the Division of Teacher Education and Licensure, Department of Ed ucation in the amount of $10,010.00. The 1998 session of the Virginia General Assembly appropriated funding for a statewide clinical faculty and mentor teacher program to assist pre-service teachers and beginning teachers in making a successful transition into full time teaching. These funds will be used to implement the mentor teaching program for Albemarle County Schools. The Shannon Foundation for Excellence in Public Education has awarded several teachers of Albemarle County Schools with grants totaling $7;4-57:00:~. -These grantswill 'be used to ~purchase instructional materials to assist students in various learning experiences. A~3DroDriation #2001025 $5,657,777.8~ Reappropriation of Uncompleted Projects in General Government ClP Reappropriation of funds for ongoing capital improvement projects from FY 01. Many of these projects are multi- year projects. These projects are itemized on the appropriation form. Ap~3rm3riation #2001026 $949,281.17 Reappropriation of Uncompleted Projects in Storm Drainage Reappropriation of funds for ongoing projects from FY 01. These projects are itemized on the appropriation form. ADDro~)riation #2001027 $1,162,480.6? Reappropriation of Un completed Projects in School CIP Reappropriation of funds for ongoing projects from FY 01. These projects are itemized on the appropriation form. Ap~3ro~3riation #2001028 $152,900.00 Funding for New Project Requests The following new projects are recommended for funding from FY 01 carryover funds: Department Amount Purpose of Funds Commonwealth Attorney $14,000 Purchase of equipment and software to provide access to legal data base of the Virginia Commonwealth Attorney Information System. Cost of equipment exceeded projected funding. Sheriff $18,200 Funding of part-time deputies to assist in becoming State accredited. Fire/Rescue $21,000 Funding to equip a training facility at East Rivanna to provide system-wide training for volunteers; also to purchase supplies needed for dealing with hazardous materials. Parks & Recreation Zoning C.I.P - Fire/Rescue C.I.P. - Parks/Recreation $35,000 $ 3,700 $25,OOO $36,000 Funding to move forward on implementing the County's Greenway/Blueway Plan. This funding will provide for a dedicated position (9 months) within Parks & Rec. to assist with the formation of a Greenway Study Committee, execute existing proffers with developers, identify areas for Greenway development, pursue opportunities for im proved river access and seek out other revenue sources. This project will be funded from the tourism fund using prior year fund balance monies. Completion of renovations currently underway. Fire Incident Re porting System that will interface with th e Computer Aided Dispatch System. Due to several occurrences, this funding is requested to raise the height of the fence surrounding Lane Field from 8 feet to 25 feet. This will significantly decrease the number of vehicles struck by baseballs and the potential for personal injuries. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: TJPDC Legislative Program SUBJECT/PROPOSALIREQUEST: Draft TJPDC Legislative Program STAFF CONTACT(S): Tucker, White, Spencer, Blount AGENDA DATE: October 3, 2001 ACTION: CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: X BACKGROUND: The Thomas Jefferson Planning district Commission works with the County and other Planning district members each year to develop a legislative program for the General Assembly session. The attached draft of the 2002 TJPDC Legislative PrOgram is included for your review. DISCUSSION: The Draft 2002 Legislative Program follows the same format as in prior years, with five priority "action items" and a section highlighting some of the most important ongoing concerns. The County's major issues are included in the draft program. The presentation of this year's "action items" differs from the past, in that an attempt is made to make them more informative (containing supporting data, documentation and anecdotes from the localities) in an effort to better educate and influence our existing and new legislators. RECOMMENDATION: Staff recommends Board members review the attached Draft 2002 TJPDC Legislative Program, and submit any suggested changes to the County Executive. The Board will be asked to approve the Program at the November 7 Board meeting. 01.185 DRAFT 2002 Thomas Jefferson Planning District Legislative Program Representing the Local Governments of: Albemarle County City of Charlottesville Fluvanna County Louisa County Nelson County October 2001 Harry S. Harris, Chairman Nancy K. O'Brien, Executive Director David C. Blount, Legislative Liaison STANDARDS OF QUALITY FUNDING Legislative Position of TJPDC, Charlottesville, and the Counties of Albemarle, Fluvanna, Louisa and Nelson The Planning District and its member localities believe the state should fund its share of the realistic costs of meeting the Standards of Quality (SOQ) and the actual educational needs and practices employed by school divisions across Virginia. Funding from all sources (local/state/federal) for public education in Virginia, including capital outlay and debt service, totals approximately $8 billion/year. The majority (57%) is paid by local governments (well above the national average of 43% paid by localities). Virginia localities spend approximatley $1.8 billion of their local discretionary dollars on education above the amount required by the state. Virginia ranks 44th among the states in providing financial support to public schools, and the public school share of the state's general fund revenue has fallen from 51% to 32% over the past 30 years. What are our localities doing? First, all exceed the state's minimum required local funding effort by wide margins. Especially of note: Charlottesville's local contribution to education constitutes 60% of the school budget. Without approximately $2 million additional local dollars, there would be 41 fewer teachers and teaching assistants in Charlottesville's middle and high schools instructing students on Standards of Learning content. Likewise, in Albemarle, $2.3 million is locally provided for more than 50 additional elementary teachers. In fact, without additional local money, Albemarle's Greer Elementary would have 10 fewer teachers and no assistant principal. Nelson gave its teachers a 5% pay raise this past year (when the state did not provide a teacher pay hike) at a local cost of $350,000. Fluvanna has spent $500,000/year the past five years to lower class sizes to 22:1; 48 resource teachers are employed for remediation, special education and gifted education. Concerning costs of meeting the Standards ofAccreditation's (SOA) new graduation requirements, responses to a survey by three-quarters of local school divisions statewide revealed that over a three year period, localities had spent more than $500 million on state and local initiatives related to the revised SOA, of which most ($366 million) was new funding (the remainder was in redirected/reprogrammed funds). Divisions reported spending more than $90 million on instruction and about $77 million in the area of technology. One local school division's perspective on this: "The difficulty that local school divisions face is that the discussion of how to change the school accreditation process has not been accompanied by an equally important commitment to change the manner and degree to which the state government financially pays for these mandates." ITRANSPORTATION Legislative Position of TJPDC, Charlottesville, and the Counties of Albemarle, Fluvanna, Louisa and Nelson The Planning District and its member localities urge the state to fully fund existing transportation obligations, programs and plans, without creating competition for dollars among different transportation modes, and without incurring increased or unjustifiable debt. We believe the state should establish additional revenues for the state's transportation infrastructure, including consideration of increases in state transportation-related taxes and fees, without heavy reliance on the general fund. The Virginia Transportation Act (VTA) of 2000 accelerated $3 billion for state transportation projects over six years, and represented a good first step toward funding transportation needs. However, it relies heavily on debt, and commits $345 million in general fund revenues for various projects over the next four years. While the state developed this long-range transportation plan, reliable and long-term funding solutions have not been realized, thus increasing the need for additional transportation funding sources. Early projections are that urban and secondary construction funding will decline for the second year in a row (as expected), while city street maintenance funding is projected to increase slightly. This has the potential to negatively affect our counties. Accordingly, we believe than any funding shortfalls for priority projects at the state level should not shortchange funding for our 47,000 miles of secondary roads or needed street maintenance funding. (Locality Transportation Priorities to be attached). Public transportation continues to be very important in our area. Ridership has increased 60% the past two years in Charlottesville and the urban ring. Charlottesville has put more than $700,000 into its Transit Development Plan that, over five years, seeks to expand transit and trolley service inthe urban area. Costs to do this could add 5 cents to the tax rate. Yet the city has been prohibited from using its urban road funds for transit development. Specifically it would like to use $250,000 from its urban allocation for the Downtown/UVA trolley route, which transports 30,000 passengers monthly. Expansion into the urban ring will require new local money from Albemarle. As localities strive to meet increasing demands, transportation systems become more than just infrastructure projects. In many cases, they define land use strategies. Accordingly, we support the creation of a new fimding classification and street standards for urbanizing areas, which could provide more options for planning and designing transportation models that support land use priorities. The so-called "Neighborhood Model," as envisioned in Albemarle's Development Areas Initiative Project, proposes narrower neighborhood streets with low-design speeds, pedestrian access and street trees as an integral part of its compact, neighborhood communities. ICOMPREHENSIVE SERVICES ACT Legislative Position of TJPDC, Charlottesville, and the Counties of Albemarle, Fluvanna, Louisa and Nelson The Planning District and its member localities support 1) full funding, on a biennial basis, of the state pool for the Comprehensive Services Act (CSA), with allocations based on realistic anticipated levels of need; 2) a cap on local expenditures for serving a child through CSA and a contingency fund to help pay for high-cost cases; and 3) increased state funding for local CSA administration and for early intervention and prevention projects (which results in reduced costs later). From 1994-2000, the state and local costs of residential and non-residential mandated services nearly doubled, from approximately $104 million to $204 million Initial state appropriations for CSA have fallen short each year, forcing the state to search for its share of fimding and localities to request supplemental state appropriations. =>Albemarle's local CSA costs have jumped 268% in seven years to nearly $2 million per year now =>Charlottesville spent $1.3 million in FY00 =>Fluvanna spent just over a ¼ million dollars in FY00 The driving factors behind these increases: 1) the average cost of serving each youth increased by more than $3,500 during this period, and 2) dramatically increased caseloads with challenging services demands. Consider the following recent cases: A 10-year old Albemarle boy.., twice placed in foster homes (one was disrupted after he set fire to carpet in the home, the other when he attempted to attack his foster sister with a knife)...hospitalized in a psychiatric facility, then recommended for treatment center care at a cost of $5500/month. A 13-year old Charlottesville girl...in a residential treatment program for two months last summer...discharged, then held on a probation violation and was awaiting hospitalization for a court-ordered evaluation...monthly costs for foster care prevention services: over $13,000. Fluvanna reports that the number of children entering foster care has tripled the past two years, with needs becoming more complex. They have found family foster homes not able to meet needs, so more costly therapeutic foster homes and residential placements have become the norm. Louisa reports more children with severe mental health problems being placed in foster care and that funding for these placements is costly and increasingly difficult to secure. They also have seen a rise in the number of children being placed in foster care due to truancy; while these placements are not always expensive, they add to overall expenditures. One way to help reduce these high costs for specialized services is to fmmel more efforts to prevention and early intervention projects, including additional funding for the state's program for at-risk four-year-olds, so that grants are available for 100%, rather than 60%, of those unserved children. For example, Albemarle's "Bright Stars" program provides consistent and comprehensive interventions for more than 60 students and their families, successfully addressing risk factors leading to early academic failures TAX STRUCTURE AND REFORM Legislative Position of TJPDC, Charlottesville, and the Counties of Albemarle, Fluvanna, Louisa and Nelson The Planning District and its member localities believe the state should broaden the revenue sources available to local governments, including sharing a portion of the state income tax with localities as net new revenue, rather than capping, removing or restricting any local revenue sources, taxing authority or user fees. Localities were frustrated and shortchanged by the lack of a budget agreement in 2001 and believe it is imperative that such an impasse not happen again. We believe that the governor and General Assembly should truly budget on a biennial basis, funding the likes of salary increases, student enrollment increases, additional CSA dollars and local jail per diem reimbursements, that past budgets have shown to be expected in the second year of the two-year budget cycle. To do otherwise serves to increase concern among localities about the stability and volatility of their revenue streams. Statewide, local governments generate almost two-thirds (62%) of the funds for needed services, with the largest share of revenue coming from the real property tax. In our region in FY00, the real property tax generated from 28% to 49% of local revenues as follows: Albemarle (42%); Charlottesville (30%); Fluvanna (39%); Louisa (28%); and Nelson (49%). We recognize that financing government projects and programs should be a partnership between the state and localities. However, with our limited ability to raise funds and sometimes stagnant revenue streams, we strain to meet services required by residents and those mandated by the state and federal governments. Our localities say it is increasingly difficult to meet operating expenses, necessary services face limitations and infrastructure and capital projects are being delayed. Consider the following: · Albemarle: Debt service is one of the fasting growing budget items (totals $8.5 million/year) · Charlottsville: 5-year capital needs program = $190 million · Fluvarma: Lack of funds delay new human services building and community center renovation · Nelson: Real property tax increased 5 cents in 2000 to help finance new middle school/high school renovation project; new social services space desperately needed. If 10% of income tax revenues was returned through a formula that considers a base amount, where taxpayers reside and where wages are earned, our localities would realize the following amounts: Charlottesville $5,576,700 Albemarle $10,496,024 Fluvanna $1,547,678 Louisa $2,044,599 Nelson $1,308,995 LAND USE AND GROWTH MANAGEMENT Legislative Position of TJPDC, Charlottesville, and the Counties of Albemarle, Fluvanna, Louisa and Nelson The Planning District and its member localities' oppose any preemption or circumvention of existing local authority to regulate land use, as has been done in recent years through legislative action. Public infrastructure costs associated with new developments must be borne by all taxpayers, rather than by those bringing about the need for the expenditure. Balanced sustainable economic growth is essential to sustaining quality of life; however, the ability of local government to pay for these costs of growth often is limited. During the 1990's, various legislative actions reduced local authority to enforce the comprehensive plan or to regulate land use. These actions included vesting of proffered-rezonings, fmal approved site plans, and subdivision plats (1990), vesting of preliminary subdivision plats and site plans (1998), and removal of local government authority to use special exceptions or use permits in residential districts (1999). Specific Recommendations: We support enabling legislation that would provide local governments with various additional tools (such as impact fees, adequate public facilities ordinances and transfer and purchase of development rights) to manage growth. The General Assembly should preserve existing authority for localities to regulate land use, and should approve legislation to 1) preclude VDOT from allowing the construction of commercial, mobile, and land-based telecommunications facilities, such as monopoles or towers, without prior approval of the affected locality's governing body; and 2) enable localities to enact scenic protection and tourist enhancement districts. Further, the legislature should resist bills to mandate a specific plan for clustering residential development and to make changes to the Uniform Statewide Building Code that hinder the implementation of local ordinances. The legislature should join many of its neighboring states in maintaining a dedicated funding source for land preservation and related measures to acquire, preserve and maintain open space and recreation lands, including directing the bulk of any available federal funding to localities. State transportation planning must be better coordinated and conform to local land use planning, especially in rapidly growing areas; Again, we support relaxing state standards to give localities more flexibility regarding road construction in neighborhoods and traffic calming measures. ECONOMIC DEVELOPMENT The Planning District and its member localities recognize economic development and workforce training as essential to the continued viability of the Commonwealth. We support policies that closely link the goals of economic development and workforce development and that result in an increased standard of living for all residents. · The state needs to clarify its positions on growth and development by enhancing the state economic development plan to more clearly define the responsibilities of the state and of local governments. · We support development of the Economic Development Strategic Plan for the Commonwealth that includes new tools for local governments to use in attracting economic development opportunities such as a capital pool to construct improvements for new or expanding businesses, tax increment financing, a grant or loan program dedicated to enhancing local infrastructure systems and an expanded Enterprise Zone Program. · The state needs to recognize the disparity in rewards of economic development between the state and localities, as well as between host locality and surrounding areas. · We support legislation that would allow localities within the Planning District to take part in regional industrial facility authorities. · We support additional funding for the Regional Competitiveness Act to provide meaningful oppommities for regional projects to move forward. Fair and proportional funding should be provided to all regions of the state. IEDUC,4 TION/SCHOOL CONSTRUCTION The Planning District and it member localities appreciate recent state efforts to funnel money to school construction. However, the state's contribution to local school capital needs comprise only 12% of the total costs incurred and localities statewide still face a backlog of facility needs totaling several billion dollars. · The state should increase funding for school construction costs and establish a permanent funding formula for the Virginia Public School Construction Grants and lottery proceeds programs. · We encourage efforts by the Virginia Retirement System (VRS) to stabilize employer contribution rates for school employees' retirement. · We request that a mechanism for appealing the Local Composite Index (LCI) to the state be established. IENVIRONMENTAL QUALITY The Planning District and its member localities are committed to the protection and enhancement of the environment. This commitment recognizes, however, the need to achieve a proper balance between environmental regulation and the socio-economic health of our communities. Environmental quality should be promoted through a comprehensive approach and address issues of air and water quality, solid waste management, protection of sensitive lands and sound land use policies. Such an approach requires regional cooperation due to the interjurisdicational nature of many environmental resources and adequate funding to match local efforts. · The state should be a parmer and advocate for localities in water supply development. The state should undertake water supply planning which encompasses water conservation, a determination of needs and how they can be met, including emerging technologies. · We oppose legislation that would expand the area covered under the Chesapeake Bay Preservation Act without legal, financial and technical support from the state to comply with any new requirements. Further, localities should be allowed to use other practices to achieve objective toward improving water quali _ty. · The state should '~ .................. ~, ...................................... znsure that the closure schedules for landfills reasonably and realistically reflects both the closure cost-funding plan of the locality and the site-specific risk analysis. Further, the state should work with local governments to establish a comprehensive waste reduction strateg~' rather than hastily requiring a statewide tipping fee or increasing required recycling rates. · The state should appropriate adequate funding to implement strategies for restoring impaired waters and for the Water Quali _ty Improvement Fund.. · We support state action to restore local authority to regulate sewage sludge (biosolids). I HEALTHAND HUMAN SER VICES The Planning District and its member localities recognize that special attention must be given to developing circumstances under which people, especially the disabled, the poor, the young and the elderly, can achieve their full potential. In achieving this end, however, the limits of government must be recognized. The dehvery of health and human services must be a collaborative effort from federal, state and local agencies. · We oppose any changes in state funding or policies that result in an increase of the local share of costs for human services, including changes that would require additional local contributions for indigent care. · We oppose any new state or federal entitlement programs that require additional local funding. · We support additional state funding for local social services facilities and for local departments to maintain adequate office space to deliver services. · We support state funding for local Disability Services Boards. · We support the state assuming 100% responsibility for fimding the auxihary grant program. · We support the expanded operation and enhancement of early intervention and prevention programs that can make a difference in children's lives, such as the Child Health Parmership and Healthy Families programs. The state should not use Temporary_ Assistance to Needy Families (TANF) monies to fund such programs, as localities cannot use federal TANF fimds as match for other federally-funded prevention programs. · We support Virginia's welfare reform program and encourage efforts to promote family preservation and work requirements. We support initiatives and funding to help former VIEW participants maintain continuity in childcare and oppose any initiatives to shift traditional federal and state childcare administrative responsibility and costs to local governments. We support state efforts to expand access to education and training needed by welfare recipients to become employed and self-supporting. We also support a TANF plan that takes into account and fully funds state and local implementation and support services costs. HOUSING ] The Planning District and its member localities believe that every citizen should have an oppommity to afford decent, safe and sanitary housing. The state and local governments should work toward expanding and preserving the supply and improving the quality of affordable housing for the elderly, the disabled and low-income and moderate-income households. Regional housing solutions and planning should be implemented whenever possible. · We support renewed funding of the Virginia Housing Partnership Fund from both the general fund and VHDA. · We support changes to the Code qf Virginia to allow local flexibili _ty in the operation of affordable housing programs. · We support state-enacted incentives that encourage rehabilitation and preservation of historic structures. · In addressing the lack of input that local governments have concerning housing issues, we support local government notice provisions for all proposed low and moderate income housing projects seeking federal tax credits, including VHDA. · We support VHDA criteria for funding which encourages rehabilitation of existing housing and discourages new construction in close proximity to existing subsidized housing. ILOCAL GOVERNMENT STRUCTURE AND LA WS The Planning District and its member localities believe that since so many governmental actions take place at the local level, a strong local government system is essential. Local governments must have the freedom and tools to carry out their responsibilities. · We support legislation to enhance the ability of local governments to provide services required by citizens and to allow local governments to meet their responsibilities in state/local partnerships. The state should not limit local government authority to install and provide telecommunications facilities as an economic development tool, when the locali _ty determines that private industry_ is not providing such services. · We oppose intrusive legislation involving purchasing procedures, local government authority to establish hours of work, salaries and working conditions for local employees, matters that can be adopted by resolution or ordinance and procedures for adopting ordinances. · We oppose Virginia Freedom of Information Act provisions which further limit a local governing body's ability to meet in closed session or to confer privately with its counsel on probable litigation. We also oppose limiting the list of records currently exempt from disclosure under FOIA and requiring creation of customized computer records for commercial and other uses. · We support enabling legislation that authorizes localities to require contractors, as a condition of public contracts awarded through the procurement process, to pay employees a living wage. · We oppose additional disclosure requirements on local governing bodies in land use proceedings. · We support legislative or budget action that reduces the costs to localities for conducting elections. · The state must ensure that implementation of electric utility restructuring is revenue neutral to localities and that any necessary stopgap appropriations to adversely affected localities are fully funded. PUBLIC SAFEIT The Planning District and its member localities recognize that the prime responsibility for law enforcement, criminal justice activities, emergency medical care and fire services rests at the local level. However, these needs can be met only with continued state and federal support. · We support continued state fimding for the HB 599 law enforcement program~ and urge the state to clad_fy this law so that local governments are more certain of their fimding levels from year to year. · We support increased state fimding to assist with the capital costs associated with establishing E911 services. · We oppose legislation that reduces or removes the authority for local governments to limit the.carrying of weapons in public buildings and other public facilities. · We support state assistance for programs that provide increased workforce training~ an~ substance abuse treatment and mental health services for local jail inmates. · We support legislation to increase court fees to pay for courthouse maintenance, renovation and construction. These costs should not be placed on the general population. · The state should pay 50% of the costs to construct regional jails and should also increase its share of the operational costs of such facilities. The state should not adopt language that would disallow exemptions from the federal prisoner offset: and should increase the per diem payment to localities for housing state-responsible prisoners. · We oppose having the state assume the operation of local and regional jails. · We support,~,,..~...~,,,~""~*: .... ,~ ...,,~~ ........ ;~... increased funding for services required under the Community Corrections and Pretrial Services Acts., and for Community Criminal Justice Boards. · We support legislation that will enable additional localities to install and operate traffic light signal photo-monitoring systems. · We support the planned delay (until July, 2002) of the state's revised EMS regulations. 10 CHARLES D. NOTTINGHAM COMMISSIONER COMMONWEALTH o[ VIRGINIA DEPARTMENT OF TRANSPORTATION 1601 ORANGE ROAD CULPEPER, VA 22701 ..3819 September 17, 2001 DONALD R. ASKEW DISTRICT ADMINISTRATOR Route 250 Proj: 0250-002-1 !4,'PE101, RW201, C501 Fr: 0.038 Miles West of Limestone Creek To: 0.028 Miles East of Limestone Creek & Proj: 0250-002-115, PE101, RW201, C501 Fr: 0.066 Miles West of Carroll Creek To: 0.014 Miles East of Carroll Creek Albemarle County Mr..Robert w. Tucker, Jr. County Executive 401 Mclntire Road Charlottesville, VA 22902 Dear Mr. Tucker: A Design Public Hearing utilizing an open forum will be held for the above mentioned projects on Wednesday, October 24, 2001 between 5:00 p.m. and 7:00 p.m. in the Charlottesville Residency Office located at 701 VDOT Way, in Charlottesville, Virginia. The purpose of this Public Hearing is'to provide you an opportunity, in an open forum, to review and discuss with Virginia Department of Transportation (VDOT) representatives preliminary plans for the proposed replacement of two bridges on Route 250 in Albemarle County. The first bridge is over Limestone Creek and includes the widening of the roadway approaches. This proposed construction will extend from 0.038 mile west of Limestone Creek to 0.028 mile east of Limestone Creek. The second bridge is over Carroll Creek and also includes widening of the roadway approaches. This project extends from 0.066 mile west of Carroll Creek to 0.014 mile east of Carroll Creek. A copy of the public notice and map is enclosed. Robert H. Connock, Jr., P.E. District Construction Engineer RHCjr:wlr WE KEEP VIRGINIA MOVING HearinG: Wednesday, October 24, 2001 R 0 250 Albemarle County DEtlGN PUBLIC HEIRING * * 5:00PM to 7:00PM To be held at the Charlottesville Residency Office located at 701 VDOT Way in the community of Shadwell. Purpose: To provide you~an opportunity, in an open forum, to review and discuss with Virginia Department of Transportation (VDOT) repre- sentatives preliminary plans for the proposed replacement of two bridges on Route 250 in Albemarle County. The first bridge is over Limestone Creek and includes the widening of the roadway approaches. This proposed construction will extend from 0.038 mile west of Limestone Creek to 0.028 mile east of Limestone Creek (Project: 0250-002-114,PE- 101,RW-201,C-501). The second bridge is over Carroll Creek and also includes widening of the roadway approaches. This project extends from 0.066 mile west of Carroll Creek m 0.014 mile east of Carroll Creek (Project: 0250-002-115,PE-101,RW-201,C-501). Route 250 will be closed in both directions during construction and Interstate Route 64 will be used as the primary detour route. Detour access to and from Interstate Route 64 will be at the Route 616 interchange near Boyd Tavern on the east side of the projects and the Route 250 interchange near Shadwell on the west side of the projects. Review: Maps, drawings, and other data pertaining to the proposed project are available for review in the VDOT Culpeper District Office located at 1601 Orange Road in the Town of Culpeper and in the VDOT Charlottesville Residency Office located at 701 VDOT Way in the community of Shadwell, three miles east of the City of Charlottesville. Written Statements: Verbal statements will be taken at the hearing. Written statements and other exhibits relative to the proposed project may be submitted at the hearing or sent to the Department postmarked no later than 10 days after the hearing (November 3, 2001). Right of Way: Relocation assistance, right of way acquisition, together with tentative schedules and construction information will be dis- cussed. Special Assistance: If you require special assistance to attend and participate in this meeting or need additional information please call the Charlottesville Residency at (434) 293-0011. ~,~~~~~ Device for the Hearing Impaired (TDD): 1-800~307-4630 a Depmment of ~.anspol-gaiion CITY OF CItARLOTTESVILLE .,4ah Lawn' PROJECT Boyd Tavern PROJECT NUMBER 0250-O02-114,PE-l O1,RW-201, C-501 FROM: O. 038 MILES WEST OF LIMESTONE CREEK TO: O. 028 MILES EAST OF LIMESTONE CREEK PROJECT NUMBER 0250-O02-115,PE-l O1,RW-201, C-501 FROM: O. 066MILES WEST OF CARROLL CREEK TO: O. 014 MILES EAST OF CARROLL CREEK ............. DENOTES PROPOSED DETOUR FOR PROJECTS. ~Tra~ttatlon ~ Location andDeslgn ~ DIvts~on SCALE 0 1 2 MILES I I I President Jackson T. Ward Hanover County President-Elect Gerald W. Hyland Fairfax County First Vice President Oliver H. Bennett Northampton County Second Vice President Wayne A. Acors Caroline County Secretary-Treasurer Mary. Lee Carter Spotsylvania County Immediate Past President Ferris M. Belman, Sr. Stafford County Executive Director James D. Campbell, CAE General Counsel C. Flippo Hicks 1001 East Broad Street Suite LL 20 Richmond, Virginia 23219-1928 (804) 788-6652 FAX (804) 788-0083 E-mail: mailLWvaco.org Web site: www.vaco.urg VIRGINIA ASSOCIATION OF COUNTIES to: from.' subject: date: All County Boards of Supervisors CONNECTINGCOUNTY GOVERNMENTSSINCE 1934 County Administrators Jmnes D. Cmnpbell<~rv~ Special Meeting to Consider Amendments to VACo By-Laws September 4, 2001 Pursum~t to Article VI, Section 2 of the VACo By-Laws, the Board of Directors, at their meeting on August 12, 2001, authorized a special meeting of the VACO membership to consider amendments to the VACo By-Laws. The m~eting is scheduled for 9:00 a.m. Mondav~ November 12~ 2001 at the Homestead. The VACo Board of Directors recommends amending Article IX, Section 2 of the By-Laws to provide for twenty-four (24) regional directors on the VACo Board of Directors. Furthermore, the VACo Board of Directors recommends that Article IX, Section 2 be amended to provide that may county supervisor who serves on the Board of Directors of the National Association of Counties shall also serve as an ex-officio member of the VACo Board of Directors. Discussion: The VACo Board of Directors reapportioned the state into regions pursuant to &rti~l$ IX, Section 5 of the VACo By-Laws. During the reapportionment discussions, :he Board of Directors concluded that the addition of two regional directors would i1) continue to provide a balan ce of rural representation on the VACo Board of Directors md (2) provide appropriate representation for high growth areas on the VACo Board of )irectors. At their August I2, 2001 meeting, the Board approved a plan to divide the ;rate into thirteen (13) geographic regions (vis-h-vis 12 regions). By using 13 ,~eograPhic regions, the compact and contiguous regions are drawn such that no region ~ontains more thm~ 12 counties. (Historically, Region I encompassed 14 counties.) X, ccordingly, the Board of Directors recommends amending the By-Laws to r~rovide ~or wenty-four (increased from 22) directors el ected on a "one person-one vote'; basis from 3 compac~ and contiguous regions. In addition, the Board of Directors recognized that more than one person from ~irginia serves on the Board of Directors of the National Association of Counties qACo). The Board of Directors feels that good communication mad coordination etween the state and national organizations benefits both. Therefore, the Board of ,irectors concluded that members for the NACo Board of Directors should also be tembers of the VACo Board of Directors. Accordingly, the Board o£Directors :commends amending the VACo By-Laws to provide that any county supervisor who ~rves on the NACo Board of Directors shall also serve on the VACo Board of irectors. VACo BY-LAWS ARTICLE IX BOARD OF DIRECTORS Section 1. Authority and Responsibility. The governing body of this Association shall be the Board of Directors. The Board of Directors shall have supervision, control, and' direction of the affairs of the Association, its committees, and its publications; shall determine its policies or changes therein; and shall actively prosecute its objectives. Section 2. Composition and Election. The Board of Directors shall consist oft he President, The President-Elect, the First Vide-President, the Second Vice-President, the Secretary-Treasurer, the Immediate Past-President, the three next most recent Virginia Association of Counties past-presidents who currently hold office as elected Virginia county supervisors, and *,~y,~,~*- ...... ,,,~ ~wenty-four members elected on a "one person - one vote" basis from compact and contiguous Regions into which the State shall be divided for purposes of representation. Such regional directors shall be selected at the annual meeting by the member counties located within the region which the director will represent. The Board of Directors shall designate at least one member of the Board to represent the Association on the Board of Directors of the National Association of Counties. ¼ny county supervisor who serves on thd Board of Directors of the National Association of Counties shall also serve as an ex-officiot member of the VACo Board of Directors.1 ' - Section 3. Qualification. Only elected county supervisors representing Virginia counties in good standing shall be eligible to stand for election to the Board of Directors. Section 4. Term. Regional Directors shall be elected for two-year staggered terms with approximately fifty percent of its members elected and installed at each A~mual Business Meeting2 No Regional Directors shall serve more than four full consecutive terms. Any tenure as an officer of the Association shall not be included as any part of the tenure of the aforementioned four consecutive terms. The Regional Directors elected and installed at the Annual Business Meeting shall assume office immediately after the close of such meeting. Such Directors shall hold office until their successors are elected and installed. No Director shall continue to hold office after formally leaving office as an elected Virginia county supervisor. Past presidents may serve in that capacity for only three more years after their service as Immediate Past President. Section 5. Reapportionment. Beginning in 1991, and every ten years thereafter, regional representation on the Board of Directors shall be reapportioned. Section 6. Meetings. The Board of Directors shall hold quarterly regular meetings at such time and such place as the Board may prescribe. Notice of all such meetings shall be given to the members not less than thirty days before the meeting is held. Special meetings of the Board may be called by the President or at the request of any three Directors elected from separate Regions of the Association. Section 7. Quorum. At any meeting of the Board of Directors, the members present and voting shall constitute a quorum for the transaction of the business of the Association. Any such business thus transacted shall be valid providing it is affirmatively passed by upon by a majority of those members present and voting. Section 8. Facancies. Any vacancy occurring on the Board of Directors between Annual Business Meetings shall be filled by the Board. A Director so elected to fill a vacancy shall serve the unexpired term of the predecessor. VACo REGIONS EFFECTIVE NOVEMBER 2001 VIRGINIA LEGEND CITY INCORPORATED TOWN V~Co REGIONS EFFECTIVE NOVEMBER 2001 .,REGION 1 ,.REGION.$ REGION ACCOMACK 3 8,000 ISLE OF WIGHT 30,000 N ORTtL42vlP TON 13:000 PRINCE GEORGE 33,000 SOUTHAMPTON 17,000 (SUFFOLK CITY 64,000) SURRY 7,000 SUSSEX I3,000 (TOTAL) (151,000) .REGION 2 ES SEX 10,000 GLOUCESTER 35,000 JAMES CITY 48,000 KING & QUEEN 7,000 KING WILLLAM 13,000 LANCASTER 12,000 IVL~THEWS 9,000 MIDDLESEX 10,000 NORTHUMBEKLAND 12,000 RICI-EViOND 9,000 WESTMOREL.)&qD 17,000 YORK 56.000 (TOTAL) (238,000) ~GIO_N 3 CE_AILLES CITY 7,000 CHESTERFIELD 260.000 HANOVER 86,000 HENRICO 262,000 NEW KENT t 3,000 (TOTAL) (628,000) .REGION 4 AMELIA 11.000 BRUNSWICK 18,000 CHARLOTTE 12,000 DINWIDDIE 25,000 G1LEENSVILLE 12,000 LUNENBURG 13,000 MECKLENBURG 32,000 NOTTOWAY 16,000 PRINCE EDWA_KD 20,000 (TOTAL) (159,000) ALBEMARLE 79,000 APPOMATTOX BUCK_INGHAM 16,000 CAMPBELL CUMBE1LLAND 9,000 FLOYD FLUVANNA 20,000 FRANKLIN GOOCHLAND 17,000 HA_LIFAX POWHATAN 22,000 HENRY NELSON 14,000 MONTGOM3ER¥ (TOTAL) (177,000) PATRICK PITTSYLVANIA REGION 6 (TOTAL) CL,~2E 13,000 FREDERICK 60,000 REGION 11 GREENE 15,000 MADISON 12,000 BEDFORD PAGE 23,000 BOTETOUT SHENANDOAH 35,000 CRAIG WARREN 32,000 GILES (TOTAL) (190,000) 'ROANOKE. (TOTAL) REGION 7 RE GION 12 CAROLLNE 22,000 CULPEPER 34,000 BLAND FAUQUIER 55.000 CARROLL KING GEORGE 17,000 G1LAYSON LOUISA 27,000 PULASKi ORAMGE 26,000 SMYTH 1Lg2P.~&LA_NNOCK 7,000 WASHINGTON SPOTSYLVAINA 90.000 W-YTHE STAFFORD 92, O00 (TOTAL) (TOTAL) (370,000) REGION 8 ARLINGTON 189,000 FA_IP,_FAX 970,000 LOUDOUN 170,000 PRINCE WILLIAM 281.000 (TOT)~L) (1,610,000) REGION 9 ALLEGHANY 13.000 AMHERST "2. o_,000 AUGUSTA 66,000 BATH 5,000 HIGHLAND 2,000 ROCKBPO_DGE 21,000 ROCKINGH_AM 68,000 (TOTAL) (207,000) REGION13 BUCHANA_N DICKENSON LEE RUSSELL SCOTT TAZEWELL WISE (TOTA~L) 14,000 51,000 14,000 47,000 38,OOO 58,000 84,000 19L000 62,000 087,000) 60,000 30.000 5,000 17,000 86,000 (198,000) 7,000 29,000 I8,000 35,000 33,000 51,000 28.000 (20!,000) 27,000 16,000 23,000 30,000 23,000 45,000 4O,O00 (204,000) OCTOBER · Mission · Essential Tasks Assessment · Construction · Maintenance [] Planning & Traffic Engineering · Issues Mission The VDOT Charlottesville Residency builds and maintains' roads, provides transportation expertise and regulatory authority and facilitates traffic engineering issues for Albemarle and Greene Counties in ways that are: focused on public safety fiscally and environmentally responsible supportive of alternative transportation means supportive of neighborhood and regional development 2 ESSENTIAL TASKS TASK MAINTAIN SECONDARY & PRIMARY ROADS ASSESSMENT (see legend below) REMARKS o ROW: mow, ditch, pipes, trim, guardrail, signs, patrols o ROADWAY: grade, pave patch o EMERGENCY OPS - Completed as scheduled - Machined all gravel roads o REPAIR & BUILD BRIDGES o MAINTAIN EQUIPMENT Legend: Green: 90-100% Excellent A~e~: 80,90% Good, r~om for improvement Red: 70.80% Needs improvement Black: Below minimum standards - Patching continues - Prep veh & equip for winter - Tightened decks- 3 bridges; - Guardraii repair 164 bridges - PMs completed ESSENTIAL TASKS (continued) TASK 2. MANAGE CONSTRUCTION PROGRAM o Administer Six Year Plan o Monitor ROW activities o Manage PE activities o Administer contracts o Inspect and monitor projects ASSESSMENT (see legend below) REMARKS 29 bridge - Oct 29/641 - Oct Legend: Green: 90-100% Excellent An~be~: 80*90% Good, room for improvement Red: 70-80% Needs improvement Black: Below minimum standards 4 ESSENTIAL TASKS (continued) I I I Task Assessment (See legend below) 3. CONDUCT PLANNING ACTIVITIES ~ o Issue and review permits o Review site plans and rezoning request o Conduct studies and advise o Inspect and monitor subdivisions Remarks 26 land use permits issued Albemarle Towne Center (Sperry) traffic studY revisions requested Rt 29 corridor trip generation study under review Legend: Green: 90-100% Excellent A~'~ev: 80-90% Good, room for improvement Red: 70-80% Needs improvement Black: Below minimum standards Rt 631 Sterling Univ. House traffic study under review ESSENTIAL TASKS (continued) TASK 4. FACILITATE TRAFFIC ENGINEERING ASSESSMENT (see legend below) o Request and advise on signals & signs o Request and advise on studies & data o Assist with design REMARKS Morgantown Road additional counts performed Rt 250 Rivanna Village at Glenmore traffic study revisions requested Legend: Green: 90~100% Excellent Anther: 80-90% Good, room for improvement Red: 70.80% Needs improvement Black: Below minimum stnndar~ls 6 CONSTRUCTION PAVING & CONSTRUCTION PROJECTS t' - '- Complete Street Name Project Description ,, .... Duration JUNE,JULY AUGSEPT OCT NOV DEC ..... B624 ' ~ Bridge ..... 6029.002-121 C502 B622 Replacement Seminle Trail Comments: Anticipate placing' traflic 'i'n their ultimate travel lanes by third week of ,~,~:,~-=~-~,~:~'?: ~??~i::::~?~.,~.: ;?~i~:'~?:'?? ~i~':"~""~'~'~:::.~?'i ' ' 97 October. 0029-002-129~ C50i .Sight Distance lmprovemen!ll= Seminole Trail Comments: S~uth bound l~e~'~ ~ op~ to traffic ~)n 9-28-01. ~tici~ate projec! ~ ~ ~ 90 completion during third week of Oc!,ober. 0637-002-P52, N50t Gravel Road improvement Dick Woods Road Comments: Pavement marking remains to be completed. ' 'fill 1 ~--~..~ 99 NO 0~7~-002.P0~, 5 ~ ravel Road Improvement Gmssmere Roat Comments: Proi~t completed. CONSTRUCTION PAVING & CONSTRUCTION PROJECTS CHARLOTTESVILLE RESIDENCY CONSTRUCTION PROJECTS" ' l.~i Complete ] Street Name Project Description Duration JUNEJULY AUG SEPTOCT NOV DEC Gravel Road Improvement 0615-002-P64, N50t .... Li'r{d~-~y~-~l-- Comments: Project readVertised 9-25-01. 0 , r SR02 ..... 0022-002-1010, Bridge Replacem.ent Louisa RoadComments: Traffic reduced to single lane at bridge with signals, Contractor working ~ ~ ~~~~ 5 on substructure,. 0637-002-6038, SRO1.j. Bridge Replacement Dick Woods Road Comments: Replace bridge over ~ Creek. Traffic reduced to single lane at bridge ~ ~ ~ ~ 10 with stop signs. Contractor working on substructure. Interstate 64 Comments: Bridge deck ovedaY work to continue through October dependent ' ::!;! :!:!? upon weather. Contractor has two crews working. I ..... .....Various PU-TB-01 ,'.__~j Asphalt Overlay 1 1 Secondaries29 interchange to .5 mite east during first week of'October (2 days work). Then overlay Rte 63! (O1d Lynch,bu,rg Rd,) to Rte. 708 during October. I Mowing Patching Grade/machine/add stone Ditch/Pipe Guardrail Equip Maint Emergency Ops Other MAINTENANCE YANCEY MILLS HQ SEPTEMBER Finished g/r mowing on sec., 240 mowed 691, 637, 690,736,636,682,738 Patched 692,684,691 Machined 811,684,736,682,633,678, 748,758,702,782,689,637,818,611,624,688 sloped banks 693 As scheduled; work on equip for dry run OCTOBER Cut bridges on 64; finish see mowing; long arm mowing 250 on mountain Patch F178,738,691,708 Sloped bank for sight distance at 250 & 738 & 250 & 676 Continue machining sec. Clean equip for dry run 9 Patching MAINTENANCE FREE UNION HQ SEPTEMBER OCTOBER Mowing GR mowing 29, 810, 678, 601, 671 Finish sec. g/r mowing secondary mowing 664,665,601,810, secondary & primary; 614, 673, 674; trimmed bushes beneath remove dead trees on r/w & around bridges 601, 671; trimmed low hanging limbs 675, 669 Patched potholes various routes Grade/machine/ add stone Ditch/Pipe Guardrail Equip Maint Machined 606,643,668,671,674,66 Add stone 629, 662; shoulder repair 743 Cleaned drains/culverts 654; cleaned curb & gutters 601 As scheduled; preparing for dry run Emergency Ops Other Contract street sweeping Briarwood, Camelot Subd several locations; cut brush around bridges sec & primary Machine gravel roads; machine shoulders sec/primary Replace pipe 663, Belair Subd; Per schedule; prepare for dry run; sign up hired equip Sweep ints 664, 665, 601,743 10 Mowing Patching Grade/machine/add stone MAINTENANCE BOYD TAVERN HQ SEPTEMBER Guardrail mowing complete; Mowed 615,639,645,646,608,600,640; Contract mowing continues, brush cutting in Key West Patched 250,20,762,769,640,615,744 Machined 762,769,640,615 Ditch/Pipe Guardrail Equip Maint Emergency Ops Other Open pipes 20, 641,784,623 Per schedule; dry run prep Traffic control, 64 for bridge crew OCTOBER Boom ax 231, 20; contract tree removal 732,631 Skin patch 1122,1487 Machine 600,640,784,746, 641,747; shoulder repair 250,231 Open pipes 600,640,784,747 As scheduled; Dry run prep Traffic control, 64 for bridge crew; repair fence, cleared r/w Rt 64 Regional Jail; dead 11 animal/litter pick up Mowing Patching Grade/machine/add stone Ditch/Pipe · Guardrail · Equip Maint · Emergency Ops · Other MAINTENANCE KEENE HQ SEPTEMBER Mow 795,742,717,626,723,722, 715,708,795,761,726,812,625,812 Rts 795,626,813 Machine 728,713,722,712,795,708, 723,703; Add stone 699,633,697,711, 712,760 Ditch 711,712,760,734; replace pipe 631,723; riprap ditches 712,627 Per schedule OCTOBER Continue secondary mowing; G/r mowing 29,20,6,742,795,627 Skin patch 626 Continue to machine roads Replace pipe 711 As scheduled; clean equip Cut r/w 627, Willow lake 12 MAINTENANCE STANARDSVILLE HQ Mowing r _ Patching Grade/machine/add stone Ditch/Pipe SEPTEMBER Completed secondary mowing; long arm mowing 637 Plant mix 605; skin patching 641, 637 OCTOBER Long arm mowing on sec. Plant mix 810,663,1001 w/Lee boy paver Machine gravel roads Replace pipe 743; clean ditches 810, 646 · Guardrail . Equip Maint · Emergency Ops · Other Completed aH due PMs Preparing for dry run; moved mailboxes on 33, 638; swept 641 Daily PM per schedule Complete dry run inspection 13 Equipmem Backh~ 1 Tr~cks 7 ~ {ST -~'~--~ ................................... -~-i~ ............... ~ucksI ' 7 210 38 1'~2 ~'~- "-2 ~ ........................................ ~Ci6~' ~-6~-'-4 ~'~ ............................................... -~'~ 108 .................................................................... Tractor moars 4 ~T'~--~' Green .......................................................................... ~-~ ............................................................ ~ .......................... ~ .............................................................. PLANNING & TRAFFIC ENGINEERING · Albemarle Towne Cemer (Sperry)- traffic study revisions requested · Peter Jefferson/Martha Jefferson site - traffic study not received · Rivanna Village at Glenmore - traffic study revisions requested · Sterling University Housing- traffic study under review 15 · None ISSUES 16 CHARLES NOTTINGHAM COMMISSIONER COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 701 VDOT WAY CHARLOTTESVILLE, VA 22911 September 27,2001 JAMES L. BRYAN RESIDENT ENGINEER Route 854- Carrsbrook Albemarle County Mr. Juan Wade Albemarle County Dept. Of Planning 401 Mclntire Rd. Charlottesville, VA 22902 Dear Mr. Wade: This route came up at the September 5, 2001 Board meeting with regard to lowering speed limit from 35 to 25 MPH. Attached find a copy of our study findings. We do not recommend any change in the 35 MPH speed limit. HWM/smh Y .~/fs ~uly, /~..-~1~ ~ ~ //~.~ Asst. Resident Engineer Attachments TRANSPORTATION FOR THE 21ST CENTURY VIRGINIA DEPARTMENT OF T-:RANSPORTATION '" ....... INTRA-DEPARTMENTAL. i~iEM O-R/ANDUM CULPEPER DISTRICT TRAFFIC ENGINEERING SECTION TO: FROM: SUBJECT: Mr. J. L. Bryan GenaEdwards~' '~~ Traffic Engineering Technician E~kFETY/OPERATIONAL STUDY Rou[e 854 (Carrsbrook Drive) Routes 652/1419 Albemarle County Culpeper, Virginia August 20, 26]i~ ~ G ~'~ V ~ ~ AUG 2; 2001 · RESIDENCY OFFICE CHARLOTTESVILLE VA This is in reference to Secretary of Transportation, Shirley Ybarra's, letter to Mr. R. E. Whitworth regarding increased traffic (due to the new Stillmeadows Subdivision residential area) and excessive speeds on Routes 854/652. Route 854 is functionally classified as an urban collector and Route 652 is functionally classified as an urban local roadway. They collect traffic from residential streets and distribute it to the arterial system - carrying some cut-thru traffic. Speed monitoring stations were established to collect vehicle speeds and volumes and classification counts on Route 854/652. A volume and classification count station was established on Route 1419 to review for an "all-way stop" condition. Sketches are attached showing locations and the data collected as well as data sheets with results at each location for volume and classification counts. As a result of these speed investigations, we recommend that the posted 35 MPH speed remain unchanged. It should be noted that posting limits lower than reasonable speed limits can result in enforcement difficulties and increased traffic hazards, since the majority of motorists continue to drive at speeds they find to be reasenable and prudent with regard to the prevailing roadway conditions. An accident data review FM: 1/1/96 TO: 5/31/01 revealed that 10 accidents have occurred on Route 854 (four in 1991, two in 1997, one in 1998, two in 1999, one in 2000, and none thru 5/31/01 of the current year). One accident in 1997 was attributable to speeding. An accident data review on Route 652 for the same time period revealed four accidents (two in 1998, and two in 1999). None was attributable to speeding. Accident data sheets for Routes 854/652 are attached. A traffic count was conducted to obtain information concerning the requested all-way stop condition at the Route 854/1419 intersection. The major flow of traffic is on Route 854, and the minor flow is on Route 1491 (see attached sketch). Based upon the volume information collected and the accident history, this intersection does not meet the warrants outlined in the MUTCD for an all-way stop condition. Attached is a copy of a 1994 study indicating the average daily traffic count stations. A comparison of that data to our recently collected data revealed a slight increase (4% - seven vehicles per year to ,23% - 38 vehicles per year) in traffic volumes for the past seven years. Mr. J. L. Bryan Page 2 8/20/01 After reviewing all available information, we feel that the best way to address Mr. Whitworth's concern regarding Route 854 speeds is to contact the Albemarle County Police Department to request enforcement of the 35 MPH speed limit and for the Residency to continue deploying your SMART sign through the Carrsbrook area on a periodic basis. Our field investigation re~,ealed that some signs are missing from Route 854. We are also recommending additional signing for Route 652 (see attached sketch). Please inform Mr. Whitworth of our recommendations if you concur with them. Feel free to contact me if you have any questions. GE:ss Attachments pc: Mr. H. W. Mills ALBEIdARLE COUNTY ROUTES 652/854/1419 Avefoge Dolly Trofffc (ADT)/CIo$$lflcotlon$ & Speed I~loniforing Stotfons (8/7/01~8/B/01) T STA. #2 - RTE. 854 (FM: RTE. 1432 TO: RTE. 1419) 85TH%TILE - 43 MPH 50TH%TILE - 38 MPH OTAL ADT - 1.526 vpd STA. ~- RTE. 1419 (FM: RTE. 854 TO: RTE. 1423) ,~' __~ TOTAL ADT - 406 vpd STA. #1- RTE. 854 (FM: RTE. 29 TO: RTE. 1432) ~,, ,,~ / 85TH%TILE- 36 MPH ~ / //~ 50TH%TILE - 30 MPH ~ % TOTALADT-1,675vpd /~ ~ ~, STA. #9 - RTE. 1419 (FM: RTE. 854 TO: RTE. 1420)/ ~ .~.// TOTAL ADT - 82 vpd / STA. #3 - RTE. 854 [FM: RTE. 1419 TO: RTE. 1437) 85TH%TILE - 40 MPH 50TH%TILE . 37 MPH TOTAL ADT - 1,396 vpd / Traffic Signal RTE. 854 [FM: RTE. 1437 TO RTE. 652) 85TH%TILE - 38 MPH 50TH%TILE - 31 MPH TOTAL ADT - 1.405 vpd STA. #5 - RTE. 854 (FM: RTE. 652 TO: RTE. 1427) ~ 85TH%TILE-38MPH TOTAL ADT. 994 vpd [ ~ "~ I STA.#6-RTE. 854 (FM: RTE. 1427 TO: RTE. 1428) ~, / 85TH%TILE - 36 MPH ~ / 50TH%TILE- 32 MPH ~ TOTAL ADT- 563 vpd STA. #7 - RTE. 652 (FM: RTE 1331 TO: RTE. 631) ~.~._ ~ 85TH%TILE * 3g MPH --~ 50TH%TILE- 34 MPH TOTAL ADT- 1.752 v~d ALBEMARLE COUNTY STA. #1 - ROUTE 854 FM:Rte. 29 TO:Rte. 1432 VEHICLE TYPE Cycle Cars 2A-4 T Buses 2A-SU 3A-SU, 4A-SU 4A-ST 5A-ST 6A-ST 5A-MT 6A-MT 7A-MT # OF VEHICLES 4 1,307 315 7 33 0 0 9 0 0 0 0 0 PERCENT 0.24% 78.03% 18.81% 0.42% 1.97% 0.00% 0.00% O.54% O.OO% 0.00% 0.00% 0.00% 0.00% TOTALADT 1675 100.00% ALBEMARLE COUNTY STA. #2 - ROUTE 854 FM:Rte. 1432 TO:Rte. 1419 VEHICLE TYPE Cycle Cars 2A-4T Buses 2A-SU 3A-SU 4A-SU 4A-ST 5A-ST 6A-ST 5A-MT · 6A-MT ?A-MT # OF VEHICLES 5 1,305 186 6 10 1 5 8 0 0 0 0 0 PERCENT 0.33% 85.52% 12.19% 0.39% 0.66% 0.07% 0.3~% 0.52% 0.00% 0.00% -0.00% 0.00% 0.00% TOTAL ADT 1526 100.00% VEHICLE TYPE Cycle Cars 2A-4T Buses 2A-SU 3A-SU 4A-SU 4A-ST 5A-ST 6A-ST 5A-MT 6A-MT 7A-MT ALBEMARLE COUNTY STA. #3 - ROUTE 854 FM:Rte. 1419 TO:Rte. 1437 # OF VEHICLES 4 1,199 176 5 7 1 0 4 0 0 0 0 0 PERCENT 0.29% 85.89% 12.61% 0.36% 0.50% O.O7% 0.00% 0.29% 0.00% 0.00% O.OO% O.OO% O.OO% TOTAL ADT 1396 100.00% ALBEMARLE COUNTY STA. #4 - ROUTE 854 FM:Rte. 1437 TO:Rte. 652 VEHICLE TYPE Cycle Cars 2A-4T Buses 2A-SU 3A-SU 4A-SU 4A-ST 5A-ST 6A-ST 5A-MT 6A-MT 7A-MT # OF VEHICLES 2 1,102 26O 5 28 0 2 6 0 0 0 0 0 PERCENT 0.14% 78.43% 18.51% 0.36% 1.99% 0.00% 0.14% 0.43% 0.00% 0.00% 0.00% 0.00% 0.00% TOTAL ADT 1405 100.00% VEHICLE TYPE Cycle Cars 2A-4T Buses 2A-SU 3A -SU 4A-SU 4A-ST 5A-ST 6A-ST 5A-MT 6A-MT 7A-MT ALBEMARLE COUNTY STA. #5 - ROUTE 854 FM:Rte, 652 TO:Rte, 1427 # OF VEHICLES 4 844 130 0 10 0 1 3 0 0 0 0 2 PERCENT 0.40% 84.91% 13.08% 0.00% 1.01% 0.00% 0.10% 0.30% 0.00% 0.00% 0.00% 0.00% 0.20% TOTAL ADT 994 100.00% VEHICLE TYPE Cycle Cars 2A-4T Buses 2A-SU 3A-SU 4A -SU 4A-ST 5A-ST · 6A-ST 5A-MT 6A-MT 7A-MT ALBEMARLE COUNTY STA. #6 - ROUTE 854 FM:Rte. 1427 TO:Rte. 1428 #OFVEHICLES 0 468 86 0 7 0 0 1 1 0 0 0 0 PERCENT 0.00% 83.13% 15.28% O.O0% 1.24% 0.00% 0.00% 0.18% 0.18% 0.00% 0.00% 0.00% 0.00% TOTALADT 563 100.00% ALBEMARLE COUNTY STA. #9 - ROUTE 1419 FM:Rte. 854 TO:Rte. 1420 VEHICLE TYPE Cycle Cars 2A-4 T Buses 2A-SU 3A-SU 4A-SU 4A-ST 5A-ST 6A-ST 5A-MT 6A-MT 7A-MT # OF VEHICLES 1 69 12 0 0 0 0 0 0 0 0 0 0 PERCENT 1.22% 84.15% 14.63% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% TOTAL ADT 82 100.00% 147GI 1 8 1424~ ./ ./ ALBEMARLE CO. ROUTES 8:54 & 1419 AVERAGE DAILY TRAFFIC COUNT STATIONS (51~0I~) ,/ S'I'A. #1 - RTIL 8f~4 (FR: RTE. 29 TO: RTF.. 1432) TOTALADT - ~ SrA. ~ - RTE. 854 (IrR: RTF_ 1432 TO: RTF_ 1419) TOTALADT- ~ SrA. #3 - RT~. 1419 (~: RTE. ~ TO: RI'F_ 1423) TOTAL ADT - 499 SrA. g4 - RTE. 1419 (IR: RTF_ ~4 TO: RTE. 1420) TOTAL ADT - 117 SrA. ~f - RTE. 854 (FR: RTE. 1419 TO: RTE, 1437) TOTAL ADT ~ SrA. #6 - RTE. 854 (L~: RTF.. 1437 TO: RT~ 652) TOTAL .,~T L229 SrA. F/- RTE. 854 (FR: RTE. 652 TO: RTE. 1427) TOTAL ADT - 879 STA. ~8 - RTE. 8¢~1, (FR: RTE. 1427 TO: RTE. 1428) TOTAL ADT - i7i CommonWealth o.f Virginia Department o.f Transportation Culpeper District Traffic Engineering/Operations Program Re: Accident Data Sllntntalq; Location: Route 854 t'Carrsbrook Drive) FM: Route 29 TO: Route 1428 Albemarle Coltntv Date of Data Retrieval: July 200] Timefi'ame: 0]/0]/96- 05/31/01 DEV/D VMT: 1.699 DEV Total Length of Study Area: 1.27 Miles Total A cc]dents: l 0 Accident Accictent Rate: 2.88 Acc/MEV Sever]n, Breakdown: Fatality Accidents.: h~flt~3, A cc]dents: PDO Accidents: 0 Fatality 4 Inju~3, Accidents (6 Injuries) 6 PDO Accidents ($55, 600) A ntt ual Breakdown: 1996 1997 1998 1999 2000 2001 Accidents Accidents Accidents Accidents Accidents Accidents Abbreviations Legend: MP DEV D VMT VPD Acc/MEV A c c/MVM FAT PDO AN FO RE SO Milepost Daily Entering Vehicles Daily Vehicles Miles Traveled Vehicles Per Day Accidents per Million Entering Vehicles Accidents per Million Vehicles Miles Fatality Accidents b~/u~T Accidents ?roperty Damage Only Accidents Angle Accident Fixed Object Accident Fixed Object (in road) Accident Rear End Accident Sideswipe (opposite direction) Accident Re: Accident Data SuntmarF Location: Route 854 ;Ca~v'sbrook Drive) FM: Route 29 TO: Route 1428 Albemarle CounO; Corridor Node Listing: Albemarle County - FM: Route 29 TO: Route 1428 Node Number Milepost 110637 0.00 110638 0.13 110639 0.41 110640 O. 79 110221 O. 97 110641 1.17 110642 ].27 Vehicular Movements/Maneuvers: EB Eastbound WB Westbound Manellvers: ST RR LT SO SP BK Ra, Off Road Right Left Tu~w Stoptved in TraJfic Lane Starting fi'om Parked Position Backing Vehicle Types: PC PU ST VA Passenger Car Pick-up Truck Straight Truck Type of Roadway: 'Urban Collector Description Route 29 Route 1432 Route 1419 Route 143 7 Route 652 Route 1427 Route 1428 Re: Individual Accident Sttmntar); 1.) 01/21/96 FO PCVEBST 2.) 01/25/96 AN PC/WBLT PC/EBST 3.) 03/12/96 AN PC/WBST PC/EBL T Exceeding Safe Speed-Not Limit(?? MPH) PDO Did Not Have Right of Way ~25 MPH) ]NJ None (45 MPH) None (30 MPH) PDO bnproper Turn/Cut Corner (15 MPH) O. lO W1]0640 @110221 110639 4.t 10/01/96 FO ST/SBSP Vehicle Defect (?? MPH) PDO @ 110221 5.t 01/31/97 ,4N PC/EBLT Did Not Have Right of Way (5 MPH) INJ ~, 110639 PC/WBST Exceeded Speed Limit (45 MPH) 6.) 03/20/97 FO PC/WBRR Drive Drinking/Abilit, v Impaired (?? MPH) INJ 0.07 E 110638 74 01/12/98 SO PC/EBST None (20 MPH) INJ 0.02 W 110639 PC/WBST Driver Inattention (35 MPH) 8.) 03/09/99 FO VA/WBST Road Slick/Snow-Snow (20 MPH) PDO 0.]0El10638 9.) 08/19/99 F1 PC/WBST Tree in Road/Miscellaneous (25 MPH) PDO 0.09 W l10221 *************************************************************************************** 10.)12/05/00 RE PU/WBBK bnproper Backing (5 MPH) PDO @ ]]0637 PC/I'VBSO None (0 MPH) Commonwealth of Virginia Department o.f Transportation Culpeper District Traffic Engineering/Operations Program Re: Accident Data Summary Location: Route 652 (Old Brook Road) FM: Route 631 TO: Route 854 Albemarle County Date of Data Retrieval: July 2001 Timqfi'ame: 01/01/96- 05/31/01 DEV/D VMT: 2, 948 DE V Total Length of Study Area: 1.I2 Miles Total Accidents: 4 Accident Accident Rate: O. 66 Acc/MEV Severity Breakdown: Fatality Accidents: b~.ju~3, Accidents: PDO Accidents: 0 Fatality 0 Injury Accidents 4 PDO Accidents ($20, 000) A n n ual Breakdown: 1996 1997 1998 1999 2000 2001 0 Accidents 0 Accident 2 Accidents 2 Accidents 0 Accidents 0 A cciden ts Abbreviations Legend: MP DEV D VMT VPD Acc/MEV AcC/MVM PDO AN FI PV Milepost Daily Entering Vehicles Daily Vehicles Miles Traveled Vehicles Per Day Accidents per Million Entering Vehicles Accidents per Million Vehicles Miles Property Damage Only Accidents Angle A ccident Fixed Object (in road) Accident Parked Vehicle Re: Accident Data SummarF Location: Route 652 (Old Brook Road) FM: Route 63] TO: Route 854 Albemarle County Corridor Node Listing: Albemarle Couttty - FM: Route 29 TO: Route 1428 Node Nmnber Milepost 110127 0.00 110214 0.33 110215 0.40 708043 O. 4 7 708044 O. 54 110216 0.71 110217 0.82 110218 0.92 110219 0.99 110220 1.05 11022] 1.12 Vehicular Movements/Maneuvers: EB Eastbound WB Westbound NB Northbound SB Southbound Maneuvers: ST LT Straight Left Turn Vehicle Types: PC Passenger Car Van T_vpe of Roadway:. Urban Local Description Route 631 Route 1035 Route 103 7 Route 1180 Route 1182 Route 1331 Route 1330 Route 1441 Route 1440 Route 1439 Route 854 Re: Individual Accident Summary 1.) 05/01/98 AN PC/WBLT Did Not Have Right of Way (]5 MPH) PDO ~. 708043 PC/NBST None (25 MPH) 2.) 06/25/98 AN PC/NBST None (35 MPH) PDO @ 110218 PC/WBST Disregarded Stop or Yield Sign (45 MPH) 3.2 05/18/99 AN VA/WBST Did Not Have Right of Way (15 MPH) PDO @ 110218 PC/NBST None (30 MPH) 4.) 10/19/99 FI PC/SBST Driver Drinking (PV) (?? MPH) PDO 0.02 N 110215 ALB£1VlARLE COUNTY ROUTE 85zi ll ~ (F~: Rteo29 TO: Rte. 1428) NOTE: ALL SIGNS ARE IN PLACE UNLESS OTHERWISE STATED. Tasks Nouthbound Items Construction Approach Slabs Construction Sidewalk Construction Median Install Remaining Signal items Clean & Paint Girders Install Joint Material in Bridge Install Hand Rail and End Walls Complete work on NB bridge Deck Place Asphalt on NB Lanes Install Pavement Markings NB Install Guard Rail Northbound Remove Construction Debris Grade and Clean-up Switch NB Traffic to new NB Bridge Grade and Install Drainage items on Rte 643 Southbound items Remove Concrete Barrier Construction Median Complete work on SB bridge Deck Place Asphalt on SB Lanes Install Pavement Markings SB Remove Construction Debris Grade and Clean-up Complete Project Final Six Weeks Schedule Rte. 29 Bridge over Rivanna River September October November 24-28 01-05 08-12 15-19 22-26 29-02 05-09 Project No. 6029-002-121 10/02/2001 8:15 AM Last Six Weeks Schedule October 2001 Project Number Albemarle County Six Year Plan Description 3020~002-127 PVCC to Monticello H.S, Entrance lanes at InL Rte. 726 - Scoltsvflle 0053-002-101 Island Creek -Carrolt & Limestone Left Turn lanes 0649-002-158 Rd~ -Crezet Rte, 29 Western B.~ass Project Status Primary Project~ Comments No Ad, Date Scoping 10~04 ~roval for new dates No ad date set October 2001 Albemarle County Six-Year Plan Project Status Secondary Projects L~U ~treet Name/ ~cop- ~-~ela PUD. I-~ela h~gn! o~ Aaver- Route PPMS Designer Project Number Description lng Survey Rev. Hear. Insp. Way tise Comments Airport Road New Alignment Free State Rd, Connector -, 52393 JWH F~000-002-259~C501 Construct 2 lanes on 4-lane R/VV ! Sep-01 ? ? ? ? ? Schedule may chan~e pendin~ Lindsay Rd. Rte. 639 to Louisa Co. Line 615 54422 0615-002-P64~N501 Widen and Pave ~ N/A N/A N/A N/A ~ Oct-01 Gravel Road Project Mountain Vista Rd. Route 6 to 1.2 Mi. E Rte. 6 737 54425 0737-002-P68,N501 Widen, pave & replace bridge ! N/A N/A N/A N/A ~ Au~-02 Gravel Road Project Secretarys Road Gravel Road Project 708 11130 0708-002-P77~N501 Mar-O; N/A N/A N/A N/A Jun -02 Jan-03 RNV not available on 2 parcels October 2001 .... City of Charlottesville Projec~t Status Urban Project____ L&D Field Hearin Field Right of Adverti ,Route PPMS Designer Street Name/Project Description Scope Survey Review g !nsp~ Way se Comments Fontaine Ave. 29 14643 DWS 7029-104-V03,PE101 Widellto31anesw/rlewSidewaks ~ ~~~~ ? ? Waitir~ for decision From City Mclntire Rd. Ext. Part of Meadow Creek Parkway .-- 2529 BAA U000-104-V02,PE101 2-lane road on new alignment ~ ~~~ ~ ? ? Waitin~ on decision from City Jefferson Park Ave. [.. -- 14645 DWS U000-104-V09,PE101 Replace railroad bridge-lntFontain ~ ~~~ ~ ? ? ~/aitinf] on decision from City COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Public Hearing - ICNA Tenant House Lease SU BJ ECT/PROPOSALIREQU EST: Request authoriza~on for County Executive to sign new ICNA tenant house lease. STAFF CONTACT(S): Mr. Tucker, Ms. White, and Mr. Mullaney AGENDA DATE: October 3, 2001 ACTION: X CONSENT AGENDA: ITEM NUMBER: BACKGROUND: INFORMATION: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: ~~ The City and County own a house at the Ivy Creek Natural Area. The house is currently vacant. Eight potential tenants were interested. After a review of references and past rental history, four were interviewed. The Parks and Recreation Department is recommending that the City and County enter into a lease agreement with Mr. Raymond Sutton. The new tenant will be responsible for paying $150 monthly rent and performing an estimated 60 hours of work per month. The tenant duties are outlined in the attached "Addendum to Lease Agreement". The lease has been reviewed and approved by the offices of both the City and County Attorney. The lease consists of a standard residential lease agreement with an addendum to cover the special requirements such as the aforementioned tenant responsibilities. The Deputy County Attorney has advised that Virginia Code Section 15.2 - 1800(B) requires the Board of Supervisors to hold a public hearing prior to entering into this lease agreement. The Clerk of the Board has advertised the hearing as required. RECOMMENDATION: Subsequent to the public hearing, staff requests authority for the County Executive to sign this lease agree ment on behalf of the County. 01.169 o0i Ch~lo~esville, VA 22902 ~: Te~t Lease - De~ Pa: ................ CiW-~ciLappmve&~e~le~ e_for~e I~ Su~on. Enclosedis ae, ieee A~eement ~d ae 'Addendm s~ Ple~e re~' a.~ly'ex~Utoa~C6~ to me ~er it is si~ed ~s. Sincerely yours, ......... '-.~ Barbara K. Ronan- ;Paralegal Enclosure -formapproved~by~the42-.ity-A~tomey:- ' ' .......... Lease Agreement .between. RaymondStephen_gu~+--:-_ ~Tenant- and the Ci ~ ~ Natural Area Tenant House. RESIDENTIAL LEASE AGREEMENT THIS LEASE AGREEMENT is made as of this 15__, day of October, 2001; by and between County of Albemarle & City of Charlottesville (Landlord), whose address is 401 Mclntire Road, Charlottesville, Virginia 22902; PO Box 911, Charlottesville, Virginia 22902 (city) and _Raymond Stephen Sutton. 1. REAL PROPERTY AND TERM OF OCCUPANCY. In consideration of the promises and covenants herein, Landlord hereby leases to Tenant that property located in the City/County of Albemarle, Virginia, and known as Ivy Creek Natural Area Park Tenant House together with the fixtures and personal property listed below, (the Premises) for the term of 1 (one) months/year(s) commencing at a.m./p.m. (At noon if not otherwise indicated) on October 15_, 2001, a.m./p.m. (At noon if not otherwise indicated) on _October 15_, 2002. 2. PERSONAL PROPERTY. The following personal property is included in the Premises subject to this lease: Range oven, woodstove, refrigerator. 3. USE OF PREMISES. The Premises will be used by Tenant as a private dwelling and for no other purpose. The Premises will be occupied by no persons other than persons who have signed this Lease as Tenant and such person's children under the age of 18. 4. RENT. Tenant agrees to pay as rent the total sum of $ 1,800.00_, due and payable in advance in monthly installments of $_150.00_, except as follows: If the lease term begins on a day other than the first day of a calendar month, the first month's rent shall be $ 75.00. If the lease term ends on a day other than the last day of a calendar month, the last month's rent shall be $ 75.00 . The fn'st months rent payment is due _October 15_, 2001. The monthly installment of rent due for each month thereafter shall be due on the first day of each month. Rent shall be paid to County of Albemarle (landlord/agent) at Albemarle County Parks & Recreation, 401 Mclntire Road, Charlottesville, Virginia 22902 (address) or at other such place as Landlord or Agent may from time to time designate in writing. Ifa monthly installment of rent is not received before the 6th day of the month, Tenant agrees to pay as additional rent a charge of late fee of $10.00 for each month that the monthly installment of rent is not received by the 6th day of such month. The purpose of this late fee is to compensate Landlord for the expenses of processing such delinquent account. Rent payments will be applied first to all past due balances of rent and other charges owing under this Lease. The remaining portion if any of such rent payments will be applied to current rent. If there are two or more tenants, Landlord shall have the option of requiring that only one check, cashier's check or money order will be accepted for each monthly installment for rent. 5. BAD CHECKS. Tenant agrees to pay as additional rent a charge of $15.00 for each check returned for insufficient funds. This charge will be in addition to any late fee, which may be due. If any of Tenant's checks are returned to Landlord or Agent for insufficient funds, Landlord will have the option of requiring that further payments must be paid by cash, cashier's check, certified check, or money order. 6. SECURITY DEPOSIT. Tenant agrees to pay the sum of $_ 150.00_ as a security deposit. This sum will be due when this Lease is signed by Tenant. Prior to the termination or expiration of this Lease, if Landlord makes any deductions from the security deposit for charges arising under this Lease or by law, Tenant agrees to pay Landlord such sums as may be necessary to offset such deductions to replenish and maintain the security deposit in the amount set forth above. The security deposit will be held by Landlord to secure Tenant's full compliance with the terms of this Lease. Within 30 days after the termination of this Lease, Landlord may apply the security deposit and any interest required by law to the payment of any damages Landlord has suffered due to Tenant's failure to maintain the Premises, to surrender possession of the premises thoroughly cleaned and in good condition (reasonable wear and tear excepted), or to fully comply with the terms of this Lease, .and any balance; if any, to unpaid rent. Landlord shall provide Tenant with an itemized accounting, in .w~riting, showing~al[such, deductions. ~ W..ithin this 30~-day period, Landlord will give or mail to Tenant the security deposit, with any interest required by law and minus any deductions. To assist Landlord, Tenant shallgive Landlord written notice of Tenant's new address before Tenant vacates the Premises. During the term of occupancy under this Lease, if Landlord determines that any deductions are to be made from the security deposit Landlord will give written notice to Tenant of such deduction within 30 days of the time Landlord determines that such deduction should be made. This provision applies only to deductions made 30 days or more before the termination of this Lease. Landlord will maintain itemized records of all security deposit deductions and these records may be inspected by Tenant, his authorized agent or attorney, during normal business hours. However, when two years has passed from the time a deduction was made, Landlord may destroy the record of that deduction. If Landlord sells or otherwise transfers all or any interest in the Premises during the term of this Lease, Tenant agrees that Landlord may transfer the security deposit, plus any interest required by law, to the purchaser who in such event shall be obligated to comply with the provisions of this section. 7. PARK1NG. Tenant agrees to comply with such parking rules and regulations as Landlord may issue from time to time, and deliver to Tenant; provided that Tenant shall be given a reasonable opportunity to comply with any parking changes made during Tenant's term of occupancy under this Lease. Vehicles parked on or about the Premises in violation of such rules and regulations may be towed at the owner's expense. 8. PETS. No dogs, cats or other animals shall be kept in or about the Premises by Tenant or Tenant's guests without Landlords prior written consent, which may be withheld in the Landlord's sole discretion. 9A. UTILITIES. X Water & Sewage XX Electrical Current Fuel: water heat not to exceed 120 Fahrenheit Fuel: heat setting not to exceed 55 Fahrenheit _ Range with Oven Dishwasher Dryer Cable TV Service Firewood (amount to be determined by Landlord) Landlord agrees to provide, at Landlord's expense, those utilities and equipment checked below: Fuel: cooking Air conditioning Unit X Refrigerator ...... Washer XX Woodburning Stove * Landlord's written consent must be obtained before the installation or use of a woodbuming stove. 9B. Tenant agrees to provide, at Tenant's expense, the following utilities and equipment: Required: Electrical Service, Litter Service If service desired by Tenant: Telephone and TV 10. ALTERATIONS AND IMPROVEMENTS. Tenant agrees that no alterations; installations, repairs or decoration (including painting, staining and applying other fmishes) shall be done without Landlord's written consent. Such consent will not be unreasonably withheld. However, Landlord may require Tenant to return the Premises~to its original condition when this Lease terminates or expires. In addition, Landlord may require that any change, alteration or improvement to the Premises will become a permanent part of the Premises which may not be removed upon the termination or expiration of this lease. Such changes or improvements will include, but not be limited to, locks, light fixtures, shutters, built-in shelves or bookcases, wall-to-wall carpeting, flowers and shrubs. 11. INSPECTIONS AND ACCESS. Landlord may enter the Premises to make inspections, repairs, decorations, alterations or improvements, and to show the Premises to prospective tenants, purchasers, mortgagees, workers and contractors and shall have the right to erect or place "For Sale" or "For Rent" signs thereon. Except in case of emergency or when it is impractical to give notice, Landlord will give Tenant reasonable notice of Landlord's intent to enter and may enter the Premises only at reasonable times. 12. MOVE IN INSPECTION. Within 5 days after Tenant takes possession of the Premises, Landlord agrees to provide Tenant with a list setting forth all of the defects and damages to the Premises, its equipment and appliances. The list shall be treated as correct unless Tenant objects to the list by written notice given to Landlord within five days after Tenant receives the list. 13. COVENANTS BY LANDLORD. Landlord covenants and agrees to maintain all electrical, plumbing, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in good and safe working condition; and comply with applicable building and housing code requirements materially affecting health and safety. Landlord's failure to comply with the above requirements will not be grounds for Tenant's termination of this Lease unless Tenant has given Landlord written notice of the defective condition and Landlord has failed to remedy the condition within 21 days. However,- Tenant may not terminate the Lease if Tenant, a member of Tenant's family or some other, person on the Premises width Tenant~'S~ consent: intentionally or negligently caused the defective condition. Such defective conditions will be repaired at Tenant's expense..Any termination by Tenant shall be made in accordance with the section of this Lease concerning breach by Landlord. 14. COVENANTS BY TENANT. Tenant covenants and agrees to keep the Premises clean and safe; use all electrical, plumbing, heating, ventilating and air-conditioning facilities and appliances in a reasonable manner; conduct himself or herself, and require guests to conduct themselves, in a manner that will not disturb Tenant's neighbors; and to take care not to intentionally or negligently destroy, damage or remove any part of the Premises, and that he or she will not permit any person to do so. Tenant covenants and agrees to care for, maintain and repair the Premises, equipment, appliances and fixtures. Upon the expiration or termination of this Lease, Tenant agrees to deliver the Premises in good and clean condition, ordinary wear and tear excepted. Tenant agrees to pay the cost of all repairs and cleaning required by wear and tear beyond the ordinary. During the duration of this Lease, Tenant agrees to give Landlord prompt written notice of any defects in the Premises, its equipment, appliances and fixtures. If further damage occurs between the time Tenant learns that a defect exists and the time Landlord learns of such defect. Tenant will be liable for the costs of any repairs of such additional damage, which might have been avoided, had Tenant promptly notified Landlord of the defect. Tenant agrees to pay all costs resulting from the intentional or negligent destruction, damage or removal of any part of the Premises by Tenant or by any of Tenant's guest or other persons on the Premises with Tenant's consent. Tenant further agrees to release, indemnify, protect, defend and hold the County and City harmless from all liability, obligations, losses, claims, demands, damages, actions, suits, proceedings, costs and expenses, including attorney's fees, of any kind or nature whatsoever, whether suffered, made, instituted or asserted by any entity, party or person for any personal injury to or death of any person or persons and for any loss, damage or destruction of the Premises, arising out of, connected with, or resulting directly or indirectly from the negligent or intentional acts of Tenant, Tenant's guests or other persons on the Premises with the consent or permission of Tenant. The foregoing agreement to indemnify shall continue in full force and effect notwithstanding the termination of this Agreement. Tenant further agrees to release, indemnify, protect, defend and hold the County and City harmless from all liability, obligations, losses, claims, demands, damages; actions, suits, proceedings, costs and expenses, including attorney's fees, of anykind or nature whatsoever, whether suffered, made, instituted or asserted by any entity, party or person for any personal injury to or death of any person or persons and for any loss, damage or destruction of the Premises, arising out of, connected with, or resulting directly or indirectly from the negligent or intentional acts of Tenant, Tenant's guests or other persons on the Premises with the consent or permission of Tenant. The foregoing agreement to indemnify shall continue in full force and effect notwithstanding the termination of this Agreement. 15. TENANT TO CLEAN PREMISES WHEN LEASE ENDS. Upon the termination or expiration of this Lease, Tenant will remove all of Tenant's property from the Premises and deliver possession of the Premises, thoroughly clean and in good condition, reasonable wear and tear excepted, and in compliance with such reasonable conditions as may be set forth in Landlord's rules and regulations. Tenant's compliance with this section is necessary to insure that the Premises will be in good condition for the next tenants to whom Landlord leases the Premises. Tenant will be liable for any damages Landlord may suffer due to Tenant's failure to leave the Premises thoroughly clean and in good condition, reasonable wear and tear expected. 16. MOVE OUT INSPECTION. Upon the termination or expiration of this Lease, Landlord will inspect the Premises to determine whether Tenant has properly maintained the Premises and has left Premises thoroughly cleaned and in good condition, reasonable wear and tear excepted. Grease accumulation and unreasonable marks, holes, nicks or other injury, to walls, ceilings, floors or appliances will not be considered ordinary wear and tear. This inspection will be made to determine what portion of the security deposit will be returned to Tenant and whether Tenant may be liable for damages exceeding the amount of the security deposit. This inspection will be made with 72 hours after the termination of Tenant's occupancy of the Premises. For the purposes of this section, the termination of Tenant's occupancy of the Premises will not be deemed to have occurred until all or substantially all of Tenant's property has been removed from the Premises. Tenant will have the right to be present during this inspection, provided Tenant gives Landlord written notice of Tenant's desire to be present during the inspection. Upon receiving such notice, Landlord will notify Tenant of the time and date when the inspection will be made. However, Tenant's delay in notifying Landlord of Tenant's desire to attend the inspection will not require Landlord to delay making the inspection more than 72 hours after the termination of Tenant's occupancy. If Tenant attends the inspection, an itemized list of damages known to exist at the time of the inspection will be provided to Tenant by Landlord immediately upon the completion of the inspection. 17. ABANDONMENT OF PROPERTY. Any personal property Tenant leaves on the Premises after the termination or expiration of this Lease may be treated by Landlord as abandoned property. Landlord will prepare an itemized list of such property and may immediately remove the property from the Premises and place it in storage for safekeeping for a period not less than one month from the date this Lease terminates and possession of the Premises is delivered to Landlord. Tenant may reclaim the property during this one-month period, provided that tenant pays the cost of its~removal and storage. Upon expiration of the one-month period, Landlord will be free to dispose of the property as Landlord sees fit, provided written notice of Landlord's intent to dispose of the property is given to Tenant at least 10 days before such disposal~gccurs&T.his notice must be sentto Tenant'stast known address, address correction requested. In addition, Landlord must keep the itemized list of Tenant's property for two years after Landlord disposes of that property. Any funds received by Landlord from the disposal of Tenant's property may be applied to Tenant's indebtedness to Landlord for unpaid rent or other damages, including charges for removing, storing and selling the property. Any remaining funds will be treated as security deposit. 18. DAMAGE OR DESTRUCTION OF PREMISES. If, through no fault or negligence of Tenant or Tenant's guest, fn'e or other cause destroys or damages the Premises to the extent that Tenant's enjoyment is substantially impaired, Tenant may immediately vacate the premises and within 14 days thereafter give written notice to Landlord of Tenant's intention to terminate this Lease. In such cases, the Lease will terminate as of the date of termination of Tenant's occupancy and Landlord will return Tenant's security deposit, any interest required by law, and prepaid rent covering the period after Tenant vacated the Premises - subject to any set off for charges or damages Tenant owes to Landlord. If, through no fault or negligence of Tenant or Tenant's guests, fire or other cause damages the Premises to the extent that Tenant's enjoyment is somewhat impaired, though not substantially impaired, Landlord will have a reasonable period of time in which to repair the Premises. Landlord's duty to repair will not arise until Tenant gives Landlord written notice of the damage to the Premises. If Landlord fails to repair the Premises within a reasonable period of time after having received written notice from Tenant, Tenant will be entitled to a reduction in rent for that period of time beginning 30 days after notice was given to Landlord and ending on the date Landlord successfully repairs the Premises. In any dispute concerning Tenants right to terminate this Lease or receive a rent reduction, Tenant will be required to prove that the condition of the Premises justifies such relief. 19. BODiLY 1N JURY AND PROPERTY DAMAGE. Landlord is not an insurer of Tenant's person or property. Except to the extent provided by law, Landlord will not be liable to Tenant for any bodily injury or property damage suffered by Tenant or Tenant's guest. 20. RULES AND REGULATIONS. Tenant agrees to comply with Landlord's reasonable and non-discriminatory rules and regulations which concern the use and occupancy of the Premises, which intend to promote the convenience, safety or welfare to tenants or preserve Landlord's property from abusive conduct. Landlord agrees to give Tenant reasonable notice of any new rules or regulations before enforcing such rules and regulations against Tenant. 21. EARLY TERMINATION OF OCCUPANCY. Tenant will not be released from liability for all rent and other charges due under this lease unless Landlord signs a written statement on which Landlord agrees to release tenant from such liability. 22. EARLY TERMINATION OF LEASE BY MILITARY PERSONNEL. If Tenant is a member of the United States armed forces and (I) receives orders for a permanent change of station to depart 50 miles or more (radius) from the Premises or (ii) is prematurely and involuntarily discharged or relieved from active duty with the United States armed forces, Tenant may terminate this Lease by serving on Landlord a written notice of termination. This notice must state the date when termination will be effective and that date shall not be less than 30 days after the date Landlord receives the notice. In addition, the termination date shall not be more than 60 days prior to the date of departure necessary for Tenant to comply with the official orders or any supplemental instructions for interim training or duty prior to the transfer. Tenant's written notice of termination must be accompanied by a copy of the official orders. If Tenant exercises this right to terminate this Lease, Tenant shall be obligated for rent prorated to the date of termination. Rent for the final month or portion thereof shall be due on the first day of such month. On account of Tenant's early termination of this Lease, Landlord may require Tenant to pay liquidated damages as follows: (a) If Tenant has completed less than 6 months of the tenancy under this Lease as of the effective date of termination, liquidated damages may be no greater than one-month's rent. (b) If Tenant has completed at least 6 months but less than 12 months of the tenancy under this Lease as of the effective date of termination, liquidated damages may be no greater than one half of one month's rent. Any amount owed; as liquidated damages by Tenant shall be due on the fncst day of the month in which the effective termination date occurs. This section shall not relieve Tenant of any other liabilities, which have accrued as of the date of termination. 23. RENEWAL OR EXTENSION OF LEASE. This Lease will automatically terminate at the end of the lease term on the date on which Tenant's occupancy ends. The termination of this Lease will terminate Tenant's right to occupancy but it will not terminate any claims Tenant or Landlord may have arising out of events occurring during the Lease term or during any holdover by Tenant. No agreement renewing or extending this Lease will be effective unless that agreement is in writing and signed by Tenant and Landlord. If Tenant remains in possession of the Premises after the lease term is terminated or expires and Landlord consents to such holdover but does not enter into a written agreement extending this Lease or substituting a new written lease,-.Tenant shall have a month to month lease subject to termination, by ~ithe~.p .~arty upon 30 days~nofice,~ The ~on~l~y rent during such holdover period shall be at the same rate as under this Lease or as otherwise agreed in writing. ~ ~ 24. ASSIGNMENT OR SUBLET. Tenant will not assign this Lease or sublet the Premises without Landlord's prior written consent, which will not be unreasonably withheld or delayed. Tenant agrees to pay Landlord a $ N/A_ fee if Tenant assigns or sublets the Premises, or any part thereof. No assignment or sublet will release Tenant from continuing liability for the full performance of this Lease unless Landlord signs a written statement clearly releasing Tenant from such liability. 25. BREACH BY TENANT. If(a) Tenant fails to pay rent within five days after the date when due, (b) Tenant commits a material breach of this Lease, (c) Tenant denies Landlord's exercise of any rights under this Lease or arising by law, (d) legal proceedings or begun by or against Tenant to levy upon or dispose of Tenants leasehold interest in the Premises, or (e) the Premises is used by Tenant or others for any illegal purposes, Landlord will have the right to sue for rent and to enter and take possession through legal proceedings or, if the Premises is abandoned, to enter and take possession by any lawful means. In addition, Landlord will have the right to pursue all other remedies available, including a claim for damages. If Landlord pursues any such remedies (and regardless of whether such remedies are prosecuted to judgment), Tenant will be liable as follows: (a) For all past due rent and other charges (b) For all additional rent (future rent) that would have accrued until the expiration of the term of occupancy under this Lease or until a new lease term begins (provided (I) that this will not affect Landlord's duty to minimize the damages by making reasonable efforts to enter into a new lease as soon as practical, and (ii) that if Landlord obtains a judgment for future rent, Landlord shall apply as a credit towards that judgment all funds received by Landlord as rent for the Premises for these months for which the judgment for future rent was awarded. (c) For all expenses Landlord may incur for cleaning, painting and repairing the Premises due to Tenant's failure to leave the Premises thoroughly clean and in good condition, reasonable wear and tear excepted; (d) For any court costs and reasonable attorneys fees incurred by Landlord (I) in collecting rent, other chargesor damages, and (ii) in obtaining possession of the Premises; (e) For a collection fee equal to 25% of the judgment amount for rent, damages, court costs and attorneys fees. Tenant understands and agrees that this amount represents damages landlord will be likely to incur in efforts to obtain a judgment against Tenant (including time and effort spent in case investigation, correspondence, filling suit, discussions with lawyers, case preparation and court attendance) and to collect such a judgment. If Tenant has breached the Lease by falling to pay rent when due, Landlord shall give a written notice to Tenant stating that the Lease will terminate within 5 days if the rent is not paid. If Tenant fails to pay the rent within that 5 day period, Landlord may terminate the Lease and proceed to obtain possession of the Premises by filing an unlawful detainer proceeding. In that proceeding, Landlord may pursue a claim for rent and other damages. In connection with breaches other than failure to pay rent, if a material noncompliance with this Lease exists or if there is a violation materially affecting health and safety, Landlord may serve Tenant with a written notice stating that acts or omissions constituting the breach and stating (I) that the Lease will terminate upon a date not less than 30 days after Tenant receives the notice unless the breach is remedied within 21 days, and (ii) that the lease will terminate as set forth in the notice. If the breach is remedial by repairs or the payment of damages and Tenant adequately remedies the breach within 21 days or such longer period of time as Landlord may allow, the Lease shall not terminate. On the other hand, if the breach is not remedial, Landlord's written notice to Tenant may state the acts and omissions constituting the breach and state that the lease will terminate upon a specific date, which date may not be less than 30 days after Tenant receives the notice. 25. BREACH BY LANDLORD. If Landlord (a) commits a material breach of this Lease, or (b) fails to a substantial extent to comply with any laws with which Landlord must comply and which materially affect Tenant's health and safety, Tenant may give written notice to Landlord identifying the acts and conditions on the Premises concerning Landlord's breach and stating that this lease will terminate upon a specific date (which must be 30 days or more from the date Landlord receives the notice) unless Landlord remedies the breach within 21 days. If Landlord remedies the breach within that 21 day period, this Lease will not be subject to termination by Tenant in that instance. Tenant will not have the right to terminate this Lease because of conditions caused by the intentional or negligent acts of Tenant or persons on the Premises with Tenant's consent. 26. RENT WITHHOLDING. Tenant may not withhold rent because of conditions on the Premises that Landlord is required to repair unless Tenant has given Landlord written notice of the condition and landlord has failed to successfully repair the condition within a reasonable period of time. If Tenant withholds rent because Landlord has breached the Lease, Tenant must immediately give Landlord a second written notice of the breach and of any conditions of the Premises which Landlord is required to remedy or repair and must state that rent is being withheld for such reasons. If Landlord then sues Tenant for possession of the Premises or for withheld rent, Tenant must promptly pay the rent to the court, which will hold the rent until it decides what portion, if any, should be paid to Landlord. If conditions exist which Landlord is required to remedy and which creates a fn'e hazard or serious threat to the health or safety of Tenant, Tenant may. file,?n a..ctign ~ a cout~t~ of c0mpetent~j~isdi~cfio!l to t~rmina.te:th~ Lease, to require Landlord to repair the Premises, or to obtain other relief. In such and action, Tenant may pay rent to the court to be held until Tenant's action is decided. If Tenant withholds rent or pays rent into court under this section and the court fmds (a) that Tenant has acted in bad faith, (b) that Tenant, Tenant's family or guests have caused the conditions or have refused unreasonably to allow Landlord or Landlord's written notice of the condition, Tenant will be liable for Landlord's reasonable costs, including costs for time spent, court costs, any repair costs due to Tenant's violation of the Lease, and attorneys fees. 27. NOTICES. All notices in writing required or permitted by this Lease may be delivered in person, or sent by mail (postage prepaid) to Landlord, Tenant or Agent at such party's address, as set forth above or at such other address as a party may designate from time to time by notice given in accordance with the terms of this section. 28. HEADINGS. The headings of the sections of this Lease are inserted for convenience only and do not alter or amend the consequence or have :any ~legal:effect o£any Witness the follo~g:signatures: AGENT emarle ADDENDUM TO LEASE AGREEMENT This Addendum is made and entered into this 15_ day of October, 2001, by and between the City of Charlottesville (the "City"), the County of Albemarle (the "County") and Raymond Stephen Sutton(the "Tenant") and specifically modifies the Lease Agreement only to the following extent. The parties hereto agree that a residential lease agreement between the parties, dated October 15, 2001 also includes this addendum, as follows: 1. Rental payment for the period of October 15, 2001_ through October 15, 2002_ will be $1,800.00_. As additional rent, the Tenant shall perform the following duties as long as he resides on the Property. The following duties may be modified as duties may be added or deleted by mutual written agreement between the County and City and the Tenant. Failure to perform the following duties on the part of the Tenant shall constitute a material breach by the Tenant under the Lease Agreement and shall entitle the Landlord to terminate this Lease or exercise any other remedy under this lease or available law. The Tenant Shall: (a) Assure the park entrance gate is opened and closed per posted times and at special requests; (b) Assist the public with information as needed; (c) Clean and stock restrooms and clean up and remove trash in parking lot and open areas; (d) ~ In absence-of parkpersormel;perform'emergencyx6pair 'or maintenance of park facilities and grounds, to the extent possible, and contact park personnel (e) Mow and trim grass in park and on grass trails and around tenant house as outlined by Park Superintendent; The Tenant shall not be allowed to have pets or additional residents unless agreed to in writing by the Landlord. If such permission is granted the tenant agrees to be responsible for all damages to the property and third parties (persons and property) caused by pets or additional residents. It is understood that if this approval is given that it may be rescinded in the event a problem develops related to a pet or an additional resident. The County and City reserve the right to request the Tenant to remove from the site any personal property that is inconsistent with the scenic natural beauty of the park (inoperable vehicles, appliances, etc.). The County and City reserve the right to request the Tenant to cease any activity that is inconsistent with the park or surrounding neighborhood. 6. The Tenant is responsible for all utilities. Landlord may terminate this lease for any reason by giving at least thirty (30) days written notice to Tenant. The Tenant shall not undertake improvements without prior written permission of the Landlord, and such improvements shall belong to the Landlord at the expiration of the Lease term or tenancy. 10. The County and City reserve the right to agree to certain modifications pertaining to the foregoing tenant responsibilities during the term of the lease agreement. It is the intent of the County and City to delegate this responsibility to the Albemarle County Parks and Recreation Department, and its Director. The County and City further agree that, in the event tenant performs additional duties at the specific request of the County and City in connection with the property, or for any other reason in the sole discretion of the County and City, then an adjustment in the payment of rent under this lease agreement may be made, provided that any such WITNESS the following signatures and seals: .7 By: Jefferson Area Disability Services Board 300 East Main Street, PO Box 1505, Charlottesville, VA 22902 phone: (434) 979-7310 fax: (434) 979-1597 VA Relay Users: 7 t 1 email: bc.mpbell.tjpd~smte.va.us; website: http://monticello.avenue.org/DSB To: From: Date: Re: County of Albemarle Board of Supervisors Robert Walters, Chairman, Jefferson Area Disability Services Board October 3, 2001 Update on Disability Services Board activities The Jefferson Area Disability Services Board appreciates the oppommity to update the County of Albemarle on our activities. The Disability Services Board (DSB) is a volunteer group of citizens, people with disabilities, and service providers. Our mission is to improve the self-sufficiency of people with physical and sensory disabilities by providing research, information and support for coordinated disability services, as well as raising public awareness of the needs and contributions of people with disabilities throughout the Thomas Jefferson Planning District (City of Charlottesville, and the Counties of Albemarle, Fluvanna, Greene, Louisa and Nelson). Staff for the DSB is provided through the Thomas Jefferson Planning District Commission with funding from the Department of Rehabilitative Services. Disability Awareness Month: October is designated as the National Disability Employment Awareness month. Every year since 1945, the President of the United States has proclaimed a National Observance in October to promote the employment of individuals with disabilities. October is also being designated by the TJPDC and member localities as Disability Awareness Monte The DSB wishes to thank the Board of Supervisors for previously adopting the Proclamation designating October as Disability Awareness Monte There are a series of events scheduled for the month of October with the showcase event to be held on October 16, 2001 from 10:00 to 11:30 a.n~ at the Albemarle County Office Building. This event will be an expanded meeting of the Charlottesville Area Employmem Network and will feature the presentation of the Employer of the Year Award by the Disability Services Board. As public officials, you are invited to try on a disability for the event by being outfitted yourselves with devices to simulate physical, visual, and/or heating impairments. RSIF Grants: One of the primary activities of the DSB is the administration of the Rehabilitative Services Incentive Fund (RSIF) grants for the planning district. The RSIF grants bring in over $20,000 per year for projects serving people with disabilities throughout the planning district. Completed projects for FY2001 included the construction of modular aluminum ramps by the Louisa Housing Foundation, the subsidy of a class of students at the Jefferson Area Board for Aging Nursing Institute, the funding of a loan closet of assistive technology by Independence Properties, Inc. and a grant to develop barrier free housing by the Piedmont Housing Alliance. Two grants were awarded for FY2002: 1. A Barrier-Free Housing Education Initiative to establish resource libraries and organize seminars on barrier-free housing, to be spearheaded by the Piedmont Housing Alliance and 2. The conversion ofrecordiug booths from analog to digital technology for the Recording for the Blind and Dyslexic. The Recording for the Blind and Dyslexic will hold an open house on October 22 from 12 noon to 2 p.m. Community Activities: The DSB maintains a web site at http://avenue.org/DSB, which includes information on DSB activities, a calendar with items of interest to people with disabilities, links to related sites and other information~ The DSB continues to actively work with other organizations and agencies on special projects and events to raise public awareness of the needs and the contributions of people with disabilities. Home, Page Page 1 of 2 Jefferson Area Disability Services Board c/o _Thomas Jefferson Planning District Commission Box 1505 Charlottesville,VA 22902 804-979-7310 Fax 804-979-1597 ~pd~state.va.us Members Albemarle County: Robert Walters Donald Crosby Martha Tarrant Charlottesville. James Herndon Doug Owens John Santosld Fluvanna County: _ShClly Wright Greene County: Michele Watson Louisa County: Clifford Rowland Robin Kirkpatrick Nelson County: Debbie Bowling Christina Delzingaro Staff'. Nancy_ O'Brien, TJPDC Exec. Dir. _Billie Campbell, JADSB staff Naomi Aitken, VADRS Affiliated Organizations:. Joyce Sharp, Our purpose is to stimulate public awareness, foster coalitions of committed and educated advocates, and enhance local government interest in physical and sensory disability issues. Table of Contents What is the DSB? General Information and Areas Served (Links to Counties and City of Charlottesville) What We Do · Summary of Activities, Needs Assessments, Grants Given and Success Stories, Grant Application Process, ~Grant Application Form Meetings and Events Board Minutes, Calendar of Upcoming Events, Housing Voucher Applications Still Being Accepted Tips and Guidelines Information on Accessible Web Pages, Interviewing People with Disabilities, Now is the Time: Transition Guidance for Parents of Children with Disabi~ties, Other Information. Americans with Disabilities Act ADA Hot Links from Janweb Virginia Dept. of Rehabilitative Services DRS Home Page Other Related Links COUNTY OF ALBEMARLE EXECUTIVE SUMMAR¥9-28_0 AGENDA TITLE: End of Fiscal Year FY2000-01 Preliminary Financial Report SUBJECT/PROPOSAL/REQUEST: Presentation of End of Year Financial Report for Twelve Months Ended June 30, 2001. STAFF CONTACT(S): Messrs. Tucker, Breeden, Walters, Mss. White, Spencer BACKGROUND: AGENDA DATE: October 3, 2001 ACTION: X CONSENTAGENDA: ACTION: ITEM NUMBER: INFORMATION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: The attached end of the year financial report provides information on the county's general fund and the fund balance as of June 30, 2001. Also included is a bar-chart-based report that corn pares this year's actual revenue and expenditure data with data from the previous year and a fund balance report that provides a look at the year-end balances. This report is "Preliminary", because the data has not been officially audited and there may be slight changes between this preliminary report and the final audited year end balances. DISCUSSION: ($ in millions) A. Attachment A: General Fund End-of-Year Financial Report,: 1. Revenues: As projected in the 3rd quarter report, overall revenues continued to be strong throughout the fourth quarter with actual revenues exceeding budgeted revenues by $3.5 million or a 2.7% variance, which reflects the continuing stable local economy seen in FY01. Real estate revenues exceeded the appropriated budget by approximately $0.925 million, $0.700 million of which reflected the anticipated revised biennial reassessment increase from 10% to 12%. The balance reflects unanticipated increases in roll-back land use taxes and new construction. Sales tax revenues were relatively on target being approximately $0.200 million under budget, while end of the year Business Licenses revenues were over bUdget by $1.6 million. This was due to the continued strong economic climate, plus an unanticipated and substantiaL, back tax payment from a local business entity in the fourth quarter. Meals tax revenues were over initial projections by approximately $0.300 million for a total collection of $3.6 million. State revenues are showing an excess of $3.0 million over budgeted revenues, although this is primarily due to the reporting changes associated with the personal property tax relief program. However, net personal property revenues were approximately $1.0 million over estimates. Federal revenues were approximately $0.200 million under budget as a result of a decrease in federal social services categorical aid. Actual collected revenues of $121.4 million reflect a $3.364 million (2.9%) increase in the revenue projection over the County's appropriated budget. The $1.2 million taxpayer refund is reflected in the difference between the 7/1/00 adopted budget revenues of $119.192 million and the 6/30/01 appropriated revenues of $117.996 million. When end-of-the year actual revenues of $121.360 million are combined with the budgeted fund balance of $7.8 million and use of other funds, FY01 revenues total $131.048 million with estimated resources over budget of $3.5 million or a 2.7% variance. Expenditures: Overall, year end actual General Fund expenditures totaled $125.3 million (98.2% of budget) with approximately $2.298 million in savings. Departmental savings accounted for approximately $2.0 million or 95.3% in actual expenditures compared to budget. Since the third quarterly report, only one additional appropriation of $0.027 million for the spring primary election was approved by the Board for a total appropriated budget of $127.551 million. Revenues less Expenditures: This report indicates there will be a total of $5.796 million in unexpended revenues, which includes fund balance revenues, at the end of this current fiscal year (June 30,2001) based on preliminary collections and expenditures. Changes since the 3rd quarter projection mainly reflect expenditure savings of $2.3 million as opposed to any substantial change in the anticipated revenues. Only $0.700 million of the increase from the March projected $2.6 million variance to the $3.4 million actual revenue variance was a change in the revenue estimates. Available Fund Balance as of 7/01/01 is $3.908 million. This results from the Board's approval of $2.069 million in FY01 projected revenues for FY02 general government and school initiatives during budget work sessions. See the Fund Balance Report for details. (Attachment C) Projected Unobligated Funds are $2.156 million, which takes into consideration $1.751 million in proposed commitments (See the Fund Balance Report and the October 3~d Executive Summary, Proposed FY02 Budget Amendment). These include: · $0.254 million in outstanding purchase orders · $0.997 million in uncompleted FY01 projects · $0.500 million for additional cash flow needs.. B= Attachment B: Annual Budget Comparison Report as of June 30, 2001 This bar-chart-based report tracks ch anges in revenue and expenditure changes over time: Revenues: · Revenues from personal property tax are approximately $2 million less than last year, which reflects the transfer of local PPRT revenues to the state revenue category. Other local taxes remain level with last year's collections, while sales tax, utility tax, meals tax, and other local revenue have shown only modest growth. Revenues from real estate taxes, state revenues (PPRT), and business licenses show positive growth over last year, albeit a large portion of the FY01 business license increase reflects the one-time lump sum payment mentioned previously. · Federal revenues show only a slight increase. Expenditures: This end- of- the- year report shows expenditures slightly increasing in FY01 over FYO0 for all functional areas. The largest increase is in Public Safety, which reflects major new funding for the expanded regional jail and the County's increased support for fire/rescu e operations. Attachment C: Fund Balance Report This report indicates that the County: 2 Had an audited fund FY00 balance of $20.485 million; Appropriated $7.803 million in approved projects during the FY01 year for a net 6/30/00 Fund Balance available of $12.681 million; Added an additional $5.796 million in preliminary FY01 revenues over expenditures to the Fund Balance for a preliminary 6/30/01 Fund Balance of $18.477 million. Recognized a 6/30/01Net Fund Balance Available of $3.908 million after subtracting cash flow requirements and budgeted fund balance for FY02 general government and school initiatives approved during the FY02 budget worksessions. Committed $1.252 million to uncompleted FY01 projects and outstanding purchase orders, which are reflected in the reappropriation requests for approval at the Board's October 10th meeting. The specific reappropriations are available for the Board's review in the Clerk's Office. The Department of Finance has requested an additional $0.500 million for FY02 cash flow needs, leaving a FY01 unobligated funds of $2.156 million. FY0'I Carry-Over Discussion The following proposal allocates all $2.156 million of the FY01 Unobligated Revenues, based on the recent Carry- Over proposal presented to the Board of Su pervisors at the September 5th meeting: 1. Chart 1 shows the recommended distribution of FY01 excess revenues with 100% remaining balance transferred to the Capital Reserve. CHART I FY01 Excess Revenues Less FY02 Budgeted Initiatives Less additional cash flow Remaining balance $3.498 2.069 0.500 $0.929 100% to Capital Reserve $0.929 Chart 2 shows the recommended distribution of FY01 expenditure savings. After reappropriations for FY01 committed projects of $1.252 million, $0.628 million (60%) is transferred to the Capital Reserve and $0.418 (40%) is available for other initiatives. Of the 40%, $0.153 is requested for new projects (see FY02 Proposed Budget Amendment Executive Summary, Appropriation #2001028) and $0.265 million to be held in reserve for any potential landfill costs in the current year. CHART 2 FY01 Expenditure Savings Less reappropriations Remaining balance $2.298 1.252 $1.046 60% to Capital Reserve 40% to Other Initiatives $0.628 $0.418 40% Initiative Funding Less new requests Less landfill reserve Remaining balance $0.418 0.153 0.265 $0.000 Chart 3 summarizes Charts 1 and 2 showing the total proposed distribution of the FY01 Unobligated Fund of $1.156 million. It also shows the addition of the remaining FY00 fund balance of $0.181 million to the proposed landfill reserve of $0.265 million for a total landfill reserve of $0.446 million*. In summary, a total of $1.557 3 million will go to the Capital Reserve, $0.153 million to new projects and $0.446 million to be held in reserve for any landfill costs that may be incurred in FY02 due to recent DEQ closing of cell 2. The Board will still retain the FY02 budgeted contingency fund of $0.597 million. CHART 3 FY01 Unobligated Funds $2.156 Less funds to Capital Reserve 1.557 Less funds for new requested projects 0.153 Less landfill reserve* 0.446 Remaining FY01 balance $0.000 * landfill reserve includes an additional $0.181 FY00 fund balance RECOMMENDATION: Staff recommends acceptance of the Preliminary FY01 End-of-the Year Financial Report and approval of the proposed distribution of FY01 carry-over funds. The required appropriations to transfer these funds will come back to the Board for approval once the final audit is completed. 01.189 AJbernarle County General Fund Quarterly Financial Report Year-to-Date (YTD) For Twelve Months Ended June 30th, PRELIMINARY ($ in millions) Attachment A Revenues: Real Estate Taxes Personal Property Taxes Sales Taxes Business Licenses Utility Taxes Meals Tax Other Local Taxes Other Local Revenue State Revenue Federal Revenue Total Revenues Use of FY99/00 Fund Balance Use of Other Funds Total Prior Year - FY 99/00 06~0~0 YTD Actual $43.738 15.990 9.462 5.515 5.946 3.367 8.043 4.905 12.945 2,927 t12.837 0.000 0.235 $113.072 Current Year - FY 00101 07~1~0 06~0~1 06~0~1 Adopted(l) Appropdated(2_). Actual(3) $47.676 $46.416 $47.340 16.596 16.596 14.057 9.750 9.750 9.558 5,515 5.515 7.103 6,307 6.307 6,453 3,325 3,325 3,642 8,024 8.024 7.904 4,751 4,781 5.174 13.963 13,964 17~013 3.286 3,320 3.115 119.192 117.996 121.360 0.830 7.803 7,803 0,468 1.751 1.885 $t20.491 $127.55t $131.048 Actual Revenue Vadance $0,925 (0.I92) 1,588 0,147 0,317 (0,~I9} 0.393 3.049 3.364 Actual as%of Appropriated 102,0% 84.7% 98.0% 128.8% 102,3% 109,5% 98.5% 108.2% 121.8% 93.8% 102.9% 0.000 100.0%[ 0.134 107.6%I $3.498 102.___.~% } ExpendEures: Administration Judidat Public Safety Public Works Human Development Parks, Rec. & Culture Community Development Subtotal Operations Transfer to School Division NomDept (revenue share; reserves; refunds) Subtotal Transfers to Capital Fund and Debt Service Total Expenditures (1) July 1, 2000 Adopted General Fund FYO0/01 Bud~Jet. (2) Appropriated General Fund Budget as of June 30, 2001 (3) Preliminary as of September 15, 2001 Prior Year - FY 99100 06/30/00 YTD Actual $6,184 2,533 12,294 2,538 8,719 4.015 2,994 39.278 51,686 5,881 96,845 12.461 $109,306 Current Year - FY 00t0t 07/01/00 06~0/01 06/30~1 Adopted(l) A~pmpfiated¢2) Actua!(3) $6,512 $7,023 $6.532 2.729 2.799 2.634 13,890 14,369 14.101 2.719 3,030 2.801 9,604 9,708 9,518 4.307 4.345 4.290 3,378 4,210 3.450 43,140 45.484 43.326 56.674 56,674 56,674 6,662 6,356 6,216 106.476 108,514 106~215 14,015 19,037 19,037 $120,491 $127.551 $125.252 Variance Approp-Actual $0,490 0,166 0,268 0,229 0,190 0,055 0.761 2.158 0.000 0,140 2.298 0.ooo $2.298 Revenues less Expenditures FUnd Balance Available 0710i/01 $3i908 Projected UnObligatad Funds 10101/0! 56 YTD Actual as% of Ap[~ropdated 93.0% 94.1% 98.1% 92.5% 98.0% 98.7% 81.9% 95.3% 100.0% 97.8% 97.9% 100.0% 98~2% Albemarle County General Fund Annual Budget Comparison Report (as of June 30, 2001, PRELIMINARY) ($ in millions) Attachment B Revenues 60.0 50.0 40.0 30.0 20.0 10.0 Real Estate Personal Sales Taxes Business Utility Tax Meals Tax Other Local Other Local State Revenue Federal Taxes Property Taxes Licenses Taxes Revenue Revenue la 99/00 Actual la 00/01 Adopted D 00101 Appropriated la 00101 Actual 160 14.0 12,0 ~ too o ._~ Expenditums 2,0 58 0 570 560 550 54.0 530 52 0 51 0 50.0 49.0 567 567 567 Administration Judicial Public Safety Public Works Human Parks, Rec & Community Non-departmental Development Culture Development Transfer to School Division 99~00 Actual [] 00t01 Adopted [] 00/01 Appropriated El 00/01 Actual Albemarle County General Fund Quarterly Fund Balance Report Year~to~©ate (YTD} For Twelve Months Ended June 30, 200t, PRELIMINARY ($ in millions) Fund Balance, 0613010_.q0 ~20.485 Attachment C Less FY 01 Appropriations approved 07/01100 to date: FY01 Budgeted Anticipated Fund Balance FY00 Outstanding Purchase Orders FY00 Projects not completed by 7/1/00 FY01 New Projects in the Operating Fund FY01 Projects approved during the budget process FY01 New Projects in the Capital Fund 0.830 0.371 0.543 0.577 O. 1300 4.538 Specific FY 01 Projects: ECC Dispatch Consoles QUIP Coordinator Polo Grounds Property Purchase Ward Center Property Purchase Electoral Board Assistant Damage to Sheriff's Vehicle Primary Election Sheriff's Part-time Wages Total Approved FY 01 Appropriations to date 0,073 0.0t3 O. 485 0.004 0,021 0.001 0.027 0.020 7.803 Net 06130~00 Fund Balance Available, including cash flow 12.681 preliminary ~ 01 Revenues in excess of Expenditures 5,796 Preliminary 06/30101 Fund Balance 18.477 Less: Minimum Cash Flow Requirement at 06/30/01 i2,500 Less: Appropriations approved prior to 07/01/01: FY 02 Budgeted General Government Initiatives FY 02 Budgeted Additional School Division Transfer 0,568 1,501 Net 06i30/01 FUnd ~lance Available at 07101101 31908 Proposed Commitments: Region Ten Youth Summit Contribution FY01 Outstanding Purchase Orders FY01 Projects not completed by 06/30/01 FY02 cash flow reserve increase o,ool o~254 0.997 0.500 B 0 ARD -TO -B 0 ARD October 3, 2001 - 10:30 a.m. A Monthly Communications Report of activities from the Albemarle County School Board to the Albemarle County Board of Supervisors. Highlights: School Board Briefs for September 13 and 27, 2001 were provided through e-mail. RECENT PLAN: The Board received the 2001 and Beyond Strategic Plan ~ STRATEGIC 23~d and discussion. The Strategic Plan on August 9th and for information highlights the school division initiatives planned to meet specific School Board Goals and School Board/Superintendent Priorities. The initiatives drive the daily work of the school division. The Board adopted the Strategic Plan at its September 13 meeting. Mr. Koleszar gave members of the Board of Supervisors a copy at last month's Board-to-Board meeting. ~ THREAT ASSESSMENT MODEL: At the September 13 meeting, the Board received a presentation by Dr. Dewey Cornell on the Threat Assessment Model. This model is designed to help school-based administrators work with situations when a student makes a threat of violent behavior. Since June, staff from the Albemarle and Charlottesville City Schools have worked with Dr. Cornell and Dr. Peter Sheras of the University of Virginia to develop a structured Threat Assessment Model. Principals requested the development of such a md.de! last year. The model is ready to be piloted and staff has begun receiving training. t on September 7 was 12fl42, or 98.15°/.o of a ~C~LLMENT: Enrollmen . . ~__,~.~,,roiection, 165 were 1.n ~ ~ ~'""-7-~ ~, .~ thCthe 229 stuctems unctct t~ .v ~.~. _ .... ~ met Grades projectect tz,~. --'~ ~ ~ c} 44% ofthe projecuon w~o T_~ '. his ear ~Ci~demarten. tn graae.~ ~_~,,~9. _,~ ~-12 were 44 over prolect~on- T y ~re 2~3 under project, on anct t~ractc~ ~ enrollment did not at least the first time since the early 1990s that Kindergarten meet the number of live births from five years previous. In 1996, there were 86 live births. Current Kindergarten enrollment, however, is 795, or 69 less than t'. 864 live births five years ago. Historically, our Kindergarten enrollment has exceeded the number o f live births from five years previous. Actual enrollmen in the Division at this time reflects 95 students less than last year. Consistent with previous practice, teacher hiring has been done based on actual enrollment. Because of this, a total of 11.64 FTE positions of the 881.43 budgeted were not filled. This will result in compensation savings of approximately $465,000. Mr. Jackson Zimmerman, Director of Fiscal Services, estimates that the reduced enrollment will result in a reduction of approximately $352,000 in state funds. Dr. Frank Morgan, Assistant Superintendent for Support Services, points out that the state revenue situation remains relatively volatile. BAKER -BUTLER ELEMENTARY CONSTRUCTION: Construction on the school is progressing well and on schedule. The building should be under roof before winter weather begins. Follow the progress of construction on the Division Website at http://kl2.albemarle.org FUTURE ITEMS OF INTEREST ELECTRONIC BOARD PACKETS: Board members, in the last few months, have received laptops for Board use. Currently, there is a transition plan being developed so that over the next couple of months the Board will begin to receive Board packets in electronic format allowing use oflaptops at the meetings. Paper copies of Board packets will continue for the public. Also, the Board will continue discussion on defining what electronic media must be kept by law, for what length of time, and what information can legally be protected from disclosure. In a recent conversation with a staff member at the Virginia School Board Association, Dr. Ward discovered that more legal research needs to be done on the subject of electronic media. LEGISLATIVE POSITIONS FOR 2002: At the October 11 meeting, the Board will hold preliminary discussion of possible legislative positions for 2002. I have provided you with a copy of the Blueprint for Virginia Public Schools (Attachment 1), a document prepared by a consortium of education groups, that the Board will utilize in this discussion. LONG-RANGE PLANNING REPORT: At the October 22 meeting, the Board will receive a report from the Long-Range Planning Committee which will include proposed changes to the Five-Year Capital Improvements Program and a schedule for future redistricting processes. BI UEPRINT FOR VIRGINIA PUBLIC SCHOOLS A Long-Range Plan for the Furore of Public Education in Virginia Supported by the VIRGINIA EDUCATION COALITION Virginia Congress of Parents and Teachers Virginia Association of Elementary School Principals Virginia Association of School Superintendents Virginia Association of Secondary School Principals Virginia Counselors Association Virginia School Counselors Association V'trginia Education Association Virginia Association for Supervision and Curriculum Development Virginia Professors of Educational Leadership CONTENTS Executive Summary ................................................................................ 4 Foreword ................................................................................................ 5 Purpose of the Plan ................................................................................ fi Framework of the Plan .......................................................................... ti Vision Statement .................................................................................... fi Mission, Statement .................................................................................. 6 Goals and Objectives ............................................................................ Ii GOAL ONE: Instructional Programming .................................... 7 GoAL TwO: Hiring & Retaining Staff ............................................ 8 GOAL THREE: Fair Accountability System .................................. I0 GOAL FOUR: Equitable Funding .................................................... 12 GOAL FIVE: Roles in Public Education Governance ................ 14 GOAL SIX: Support for Technology .............................................. 15 GoAL SEVEN: Gommunity Participation ...................................... 16 References ........................................................................................ 17 EXECUTI , E The. Virginia Education Coalition is an advocate for these recommendations, which are necessary to support a quality system of education in Virginia's public schools: RECOMMENDATION ONE Instructional programming in Virginia's public schools should permit all children to achieve at their highest potential. Programs should be available for children with special needs and children who are performing below satisfactory achievement levels. Children should be safe in school learning environments and should be challenged by a comprehensive and relevant curriculum at all levels. All educators should have access to up-to-date resources and knowledge.of effective instructional practices. RECOMMENDATION TWO Virginia should have a comprehensive plan for attracting, hiring, and retaining quality educators. Educators' salaries and benefits should be in the top 10% in the nation. More scholarships shoul~l be available for individuals ~ entering the field of education. There should be incentives to keep teachers and administrators in the field. ~ Virginia's teacher education programs should be supported' with sufficient funds to meet personnel needs of the public schools. Educators should work in environments that provide respect for and recognition of their profession, and funds should be available for comprehensive and on-going professional development programs for teachers, administrators, and school support staff. RECOMMENDATION THREE The state's assessment program for students and education professionals must be both comprehensive and fair. Provision for involvement of educators, parents, and business and community members should be part of the state's assessment program design process. State policy decisions should support accountability in testing programs and other evaluation processes that improve student achievement and improve the school accreditation process. I~ECOM1VIENDAIION FOUR Virginia should re-evaluate the equity and adequacy of its financing of public schools. The gap between the actual cost of programs and facilities and existing state funding should be closed. State momes should fully fund the mandates. Positions and funding supported by the Standards of Quality should reflect the actual demand for personnel and programs in the state's schools. The school funding formula should equitably support both wealthy and poor school divisions. REGOMMENDATION FIVE Roles and duties of the state, local governing bodies, school boards, state education associations, and local school personnel should be clarified. State education associations should teach their members about specific roles and responsibilities. State and local governments, local school boards, educators, and education associations should collaborate more fully to improve the state's public education system. RECOMMENDATION SIX The uses of modern technology should be fully understood by today's students and teachers. Therefore, the state should approve a separate state-funding category for technology, provide additional resources [-or technology education for students and teachers, and provide technology for efficient management of schools. Virginia's curriculum should better promote student competency in the use of technology. RECOMMENDATION SEVEN There should be additional state-supported programs that assist families and communities to participate more fully in public education. FOREWORD For several years, Virginia educators have recog-nized the need for a focused approach to K-12 education policies and practices in the Commonwealth. In part, this realization was prompted by the fact that there are many different entities in Virginia that have an effect on education policy and practice--the General Assembly, the State Board of Education, individual schools and school divisions, professional organizations, and parental support organizations. In part, the need for a focused approach to K-12 education was also prompted by V~r~ma s political situation. The Commonwealth elects a new governor every four years, and every four vears the newl¢ elected administration proposes a new education program. Professional education groups also respond, and react individually, to each new state plan. This myriad of varied and separate responses from the education community to continuously changing plans and policies has created a seemingly divisive atmosphere. This is not conducive to the presentation of a united front and a coherent x'''oice from Virginia educators who believe strongly in sound education practices that ensure high achievement for all students in the Commonwealth. To promote a collective advocacy for public education that addresses key issues facing all professional education organizations, the Virginia Association of School Superintendents (VASS) invited other stare education orgamzations to collaborate on the development of a long-range plan [or education in Virginia. Nine professional education organizations comprising the Firginia Education Coalition have adopted a BLUEPRL~T FOR VIRGL'~Z4 PUBLIC' SCHOOLS. The BLUEPRL~F speaks to a number of critical issues facing Virginia's schoolS--teacher and administrator shortages, equitable funding for dMsions of different sizes and wealth indices, improvement in overall student achievement, and support for use of new technologies. The Coalition believes that the seven goals and accompanying objectives in this document will provide Virginia policymakers and educators with a long-range plan for the future of public education. This is the first time the foremost education associations in the state have agreed to a formal and comprehensive ptan for Virginia's public schools. The Coalition believes that if the objectives oudined in this plan are implemented, ail of Virginia's schools can offer high-quality programs for students of all abilities and interests, and all students can graduate with the confidence of knowing that they can either choose to enter the workforce as productive members of society or be prepared to enter the world of higher education. PURPOSE ,OF THE PLAN The J~£UEPR£,~T FOR VIRG£,VIA PUB£t¢ S¢IfOOLa has been developed in order to bring together a variety of ideas From the education community. This long-range plan is intended to provide direction and guidance for various entities involved in K-12 education in the Commonwealth. FRA}'.SEWORK OF THE; PLAN · he B£U£P~.~T contains the £ollowin§ important elements: A vision statement that describes the ideal educational program for the Commonwealth and reflects a basic philosophy of education. A mission statement that provides information about how the Commonwealth should achieve its vision. Goals and objectives that describe desired results. Each goal reflects the vision for a single issue. Objectives and strategies describe "what" should be done to accomplish identified goals. Strategies that explain "how" each objective should be attained will be developed separately by each organization in the Coalition. VI$ION STATEMENT In the Commonwealth of Virginia, schools will provide students with an education that will allow them to achieve their fullest potential. Each school division will provide programs that are both individualized and developmentally appropriate. Students who graduate from high school in the Commonwealth of Virginia will possess the basic knowledge and skills that will make them proficient in solving problems and using technology, competent to enter the world of work, and capable of pursuing advanced educational opportunities MISStON STATEMENT The mission of K-12 public schools in the Commonwealth of Virginia is to provide a high-quality, comprehensive education for all students. GOALS .~M.."%-."D OBJECTIVES The seven goals with accompanying objectives adopted by the Coalition address a number of critical issues that have an impact on public education and professional education associations in Virginia--teacher and administrator shortages, funding disparities, student achievement, and funding and training for new technology. The Coali~'on believes that meeting all of these goals is essential ro providing high-quality educational programs for all students in the public schools of V-n'ginia. The Coalition will be an advocate for these specific goals and objectives. ~h GOAL 1 Instructional programming should permit all children to achieve at their highest potential. To meet the challenge of educating all students to reach their highest potential, schools must change dramatically, and instructional programming will be a major part of the overhaul of the education svstem (Kniep & Martin-Kniep, 1995). All students must study a challenging curriculum so schools are seen as viable learning environments (Glatthorn &Jailall, 2000) and so students will have their best chance to perform well (Haycock, 2001). In order to study a challenging curriculum, students must arrive at school with good literacy skills. Children who live ~n poverty, who have hearing and language deficiencies, and those who have limited English proficiency. must have more time and/or more intense instruction in order to achieve early reading success (Cotton, 1999; Snow, Burns & Griffin, 1998). In order for students to learn challenging curriculum, they must be in school facilities that are safe and supportive learning environments. Facility design should support instructional programming, and schools should be free of disruptive and violent behavior. There are schools in the nation that do not meet these standards. The American Association of School Engineers in its Repo~ Card on Ame~ca's Infi'as~ructure gave America's schools a D-, stating that seventy-five (75%) of the nation's schools cannot meet the needs of children because thev are old and overcrowded (American Society of Civil Engineers [ASCE], 200 t). A recent study of Virginia's schools points out that inadequate facilities lead to lost instructional time, reduced effectiveness in .teaching and learning, fewer curricular choices, and diminished student health and safety (Duke, Griesdorn, Gillespie & Tuttle, 1999). In addition to structural and design inadequacies of facilities, there is the issue of whether or not our school environments are safe. Although fewer than 1% of children are killed in school facilities, recent school shootings across the country have sensitized educators and communities to the fact that violence could occur in their schools (Cornell, 1998; Virginia Center for School Safety [MOSS], 2000). All states including Virginia have adopted plans that require schoots to assess safety conditions, to develop solutions to safety problems, and to collect data on student safety concerns. Many states have adopted written safety audit protocols (Association for Supervision and Curriculum Development [ASCD], 1997; Virginia Department of Education [VDOE], 1999). Finally, in order for instructional programming to guarantee that each student achieves at his or her greatest potential, teachers and administrators must have adequate resources, training, and information to fully engage a diverse range of students. This means figuring out how to develop a climate of respect and professionalism around teaching and learning. "The challenge is to find the right balance of requirements, supports, inducements, incentives, and alliances that engage capable professionals in the enterprise of teaching and learning" (Hirsch, Koppich, & Knapp, 1998). It means giving teachers a more highly developed range of strategies to assist in instructional differentiation for the ever-growing variety of students in their classrooms (Tomlinson, 2001). Virginia's new Standards of Learning mandate minimum acceptable, student academic achievement and encourage school divisions to develop rigorous curriculum. The Coalition believes supporting these specific objectives will ensure that .Virginia's students achieve at their highest potential. The Coalition supports a state plan for Virginia's public schools that: - Fully funds pre-kindergarten programs for children with established needs; · Fully funds programs to address the needs of children performing below a satisfactory level; · Insures a safe and secure environment where educators can work and children will learn; Develops a comprehensive and challenging curriculum to meet the needs of all students; · Provides educators with the resources, knowledge, and skills needed for the best instructional practices. GOAL 2 Virghda should have a comprehensive plan for attracting, hlrlng~ and retaining quality teachers~ admlnistrators~ and professional staff. Several major national studies confirm the fact that a critical ingredient to successful schools and successful learning by students is quality of teaching (National Commission on Teaching and America's Future, 1996; U.S. epartment of Educanon, 2000). Recent research also speaks to the importance of school principals and superintendents in creadng effective learning organizations (Lambert, 1998; Education Research Service, 1999). At the same time these studies verify the importance of key educators, forecasts from educational studies and associations portray a teacher/administrator shortage that will only deepen in the next decade (DiPaola, 2001; Glover, 2000; Keller, 1998). If quality teaching and administrative leadership are so important to student success, how do states and schools attract the teachers and administrators they need at a time when a growing number of students need their expertise? First, salaries that reflect significant professional status and effort count. A decade ago, Virginia's teachers' salaries, for example, were more competitive than thev are in 2001. In 1990 the state's teacher salaries ranked 18th in the nation, and the state's salaries were only $423 below the national average. By 1999-2000, Virginia's average teacher's salary ($38,797) had dropped to $2,778 below the national average of $41,575 (Virginia Education Association [VEAl, 2001). Virginia's administrators' salaries also have not kept pace with national averages and nationally both teacher and administrator salaries are too Iow for. the hours and work expected (Education Research Service [ERS], 1999). In sum, inadequate compensation for teaching and leading schools is seen as a strong disincentive for attracting well-qualified staff. BUt improving salaries is only a part of the answer to attracting quality teachers and administrators. In a recent surve% new teachers ranked "supervision and support needed" high on their list of job .expectations (Farkas, Johnson & Foleno, 2000). According to another report, 96% of new teachers questioned said they loved teaching, and most of these said they would choose teaching if they had to choose a career over again. Ninety-eight (98%) of the same teachers said that other new teachers they worked with were "highly motivated and energetic" (Farkas et al., 2000). But in another survey, a group of national teachers of the year said their peers were leaving the classroom primarily because there is little respect for teachers and teaching, because there is not enough administrative support for teachers, and because there needs to be more quality professional development for educators (Kaplan & Owing, 2000). Other than more competitive salaries, factors identified that would make it easier to recruit and retain principals are: manageable job descriptions, which include the authority to control processes (i.e., teacher hiring) and reasonable working hours (VASS News, 2001). What is the best way for Virginia to attract quality teachers? Part of the answer lies in the debate about the relationship between teacher quality and teacher education (National Center for Education Statistics, 1999). Opinions differ as to the strength of the correlation between teaching 'ability' and student achievement (Darling- Hammond, 1999). Opinions also differ as to how much pedagogy versus content knowledge teachers should have (Tell, 2000). Experts agree, however, that a combination of content knowledge and pedagogical skills in a context of state standards is essential to good teaching (Darling-Hammond, 1999; Tell, 2000). It is therefore critical at this point that Virginia's institutions of higher education have adequate funds to hire and retain professional faculty to train teachers for the state's public school classrooms. It is also essential that institutions with teacher education programs be given flexibility to implement alternative certification programs that measure up to high standards as appropriate ways to attract and train more teachers (Tell, 2000). It is important that programs such as the Virginia Scholarship Loan program receive increased funding so that more aid is available to students entering the field of education. Attracting high-quality administrators to serve in our public schools today is becoming more and more difficult. Nationally, many school districts are beginning to seek qualified administrative candidates from non- traditional sources and are identifying professionals outside of the education arena. Special programs for alternative licensure and in-house training programs have proved Successful in areas experiencing shortages. As vital as attracting talented teachers and administrators is to Virginia's students, it is also important to find creative ways to keep these high-quality educators in the profession. The push to reform schools has generated a movement toward high standards, rigorous tests, and other accountability measures geared to improving student achievement and learning. In the end, however, higher student achievement depends on high-quality teachers teachers who understand new standards and can use a variety of instructional strategies to meet the needs of all students (Hirsh & Sparks, 1999). The correlation between teacher expertise (teacher education, licensing exam scores, experience) and student achievement is so strong that schools should be spending multiples of what they actually spend on teacher professional development (Hirsh & Sparks, 1999; National Commission on Teaching and American's Future [NCTAF], 1996). Setting new standards does not ensure higher student achievement without changes in classrooms. Teachers need career-long assistance and professional development to maintain their expertise. 'Although most states re. quire professional development, many programs are not comprehensive, do not align activities with standards, do not provide adequate funding to supplement district efforts, and do not serve teachers equally ISullivan, 1999). There ~s a growing demand for effective professional development that links in-service activities with real classroom practices used bv teachers and alters the organizational culture in which teachers work (Hirsh & Sparks, 1999; National Staff Development Council [NSDC], 1999; Sparks & Hirsh, 2000). In addition, sweeping changes like those involved in new standards and testing practices can only be successful if teachers have support from knowledgeable central office and building administrators (Hargreaves & Fink, 2000; Huberman & Miles, 1984; Louis & Miles, 1990). The Coalition believes these objectives are critical if Virginia is to attract, hire, and retain quality teachers, administrators, and professional staff. The Coalition supports a state plan for Virginia's public schools that: · Increases salaries and benefits of teachers, administrators, and superintendents so that Virginia will be in the top 10% in the nation; · Provides financial incentives for students to enter the field of education and for teachers and administrators to remain in education; Supports the institutions of higher education so that the number of Virginia graduates in education increases to meet personnel needs; · Creates professional environments that foster respect, motivation, and recognition; · Provides the resources needed for comprehensive professional development programs. \J GOAL $ Virginia should have an accountability system that is fair and comprehensive. Interest in evaluating effectiveness of educational systems and individual programs began over 150 years ago when Horace Mann served as Secretary for the Massachusetts State Board of Education. The assessment program in Massachusetts was the first in the nation to use out-of-the-classroom, standardized, written tests as a uniform way of improving student learning, improving instruction, and monitoring effectiveness of the state's education system (Asp, 2000). By the mid-twentieth centu~, many school districts across the nation had standardized content testing ~- programs in place. Schools districts used results of the widely used Iowa Test of Basic Skills (ITBS) to internally '~-', evaluate curriculum within a national frame of reference. Eventually, school and individual student scores were released, and public interest in scores' variance grew (Hoff, 1999). Accountability for results of education programs as we know it, began in the 1960s with passage of the Elementary and Secondary Education Act that included Title I. The requirement of Tide I for accountability for i student progress combined with state-level initiatives for minimum competency gave birth to a climate favorable for external testing (Elmore & Rothman, 1999; Lewis, 1999). But ir was the reauthorization of Tide I in t994: that embodied major changes in the area of assessment. The new taw supported states' efforts to develop high standards for student performance and supported assessments that measure performance against standards. Further, the new law' required that standards and assessment should be the same for all students, for the first' time holding Tide I students to the same standards as others (Elmore & Rothman, 1999; U.S. Department of Education, 1999). Since publication of A Nation At Risk in 1983, strict accountability for results of education programs has become a key issue for schools both because it is mandated and also because the public is more dissatisfied with public schools than in prex4ous eras. Accountability is not only required but is seen by policymakers and politicians _LL as a way to improve education quickly and cost effectively (Asp, 2000). The primary focus of standards in recent state education plans has been on promoting high academic achievement for students through use of high-stakes tests. SOme states, like Virginia, use Standards of Learning test scores to determine individual school accreditation. As of May, 2001, twenty-eight states required students to pass an exam or exams to earn a high school diploma (MerroTM, 2001); nineteen states mandated state assistance for low-performing schools {Johnston, 1999); and, forty- eight states required a state assessment as a performance indicator. Virginia's Standards of Learning (SOL), adopted beginning in 1995, have not been without controversy; however, results of the latest round of SOL testing indicate that students and educators are working to the new, raised standards. Student scores were unilaterally higher in the Spring 2000 tests than in the two previous years. This pattern of increasing gains in new testing programs is characteristic of new programs--around the nation and in Virginia. At the same dme, Virginia's SOL scores are linked to school accreditation, and some schools in the state were only "accredited with warning." The areas in which these schools need improvement are the areas that are a challenge to all educators in the face of standardized tests: alignment of content and context of what and how SOL are taught so that "best practices" for student learning are achieved; effecdve use of time and scheduling practices; and effective use of data to make wise instructional derisions (Magill, 2001). 'While a majority of the nadon's and Virginia's public and educators support high standards, per se, there are concerns about the over-reliance on use of high-stakes tests to judge abilities and determine futures of students (Elmore & Rothman, 1999; Lewis, 1999; Scherer, 2000). In T~sting, Tbaching and Learning: A Guide for States and School Districts (1999), the editors reaffirm that the most important purpose of assessments and accountability is to support high levels of student learning, especially for disadvantaged students (Elmore & Rothman, 1999). In Virginia, the challenge posed by the SOLs is to do just this: support high levels of learning for all students and to adjust co "teaching for learning" rather than simply "covering the content." And this will take time and professional , . _. ....... '-, .' -' - '.'- L CY i development (Bracey, 1997). The Coalition believes supporting these specific objectives will ensure an accountability system that is fair and comprehensive. The Coalition supports a state plan for Virginia's public schools fl~at: · Provides for the direct involvement of educators, parents, and business and community members in the development of standards; Promotes policy decisions that support accountability in testing programs and additional measurements that enhance student achievement and school accreditation; Continues improvement in the accountability system to ensure fairness and comprehensiveness. \J GOAL 4 Virginia's schools should have the Funding necessary to provide all students with an equitable and quality program of instruction. In 1998 Virginia ranked 40th out of 50 states in percent of spending on elementary and secondarv education. The Commonwealth expended only 17.7% of its funds on public education. The national average was 2'2%. Per pupil spending in Virginia is also below the national average. Estimates for t999-2000 indicate that Virginia expended $6,643 per student in average daily attendance while the national average was $6,829. This ranked the state 33rd out of 50 on current expenditures per pupil (National Association of State Budget Officers, 1999; NEA, 1999). Disparities in funding for operations are also significant figures. These have ranged from $9,513 per pupil to $4,315. This is a difference of over $5,134 per child or $154,020 for a class of 30 students and $2.6 million per school of 500 students 0dEA, 1997). Based on the above figures, concerns about the state's funding system are related to both adequa~ and equi.t~. Adequacy of costs that are calculated to meet state-mandated standards is one issue. This is a concern because local spending for education goes far beyond the required Standards of Quality [SOQ]..Almost 25% of the funds for schooling in the Commonwealth exceed the Standards of O~uality amounts and are provided from local funds. The Joint Legislative Audit and Review Commission [JL~kRC] confirms this fact. The Virginia Municipal Leag-ue describes the situation this way: "SOQ. costs are underestimated and state funding is inadequate" (Fields, 2000). The Virginia Coalition for Education Funding asserts that "state funds are too low and the local funds are too high (VEA, 2001)." So, basically, the Standards of Quality. are exceeded by all localities in the Commonwealth, and large disparities characterize public school financing across the state. The equity issue comes into play because Virginia, like other states, attempts to equalize state funding for its divisions using an "ability-to-pay" formula, but local school divisions may expend over and above the basic funding needed to pay for school programs. In fact, JLARC estimates that Virginia local government spending for education is more than S t.6 billion for operating costs alone. And in 1997-1998, localities put an additional $1. t bill/on into capital outlay and debt service expenses (Fields, 2000). The consequence of disparate funding for education between those localities with a higher ability to pay and those without additional funding, resources is that the quality of education a child receives becomes greatly dependent on where that child lives. In addition to being inadequate and inequitable, Virginia's school f-mance system is antiquated, and the finance system and the education/accountability system are not aligned. The cost estimates for the SOO.~, for example, were computed before enactment of actual Standards of Learning and related assessments and completed well before adoption of the new Standards of Accreditation. Schooling requirements have increased, but there has been no associated increase in the SOQ:. Specifically, the level of state support and its distribution should be updated and linked to actual requirements schools face. The Firginia Coalition for Education Funding has urged the state to correct several state practices related to the school finance system: · Staffing ratios on which SOO~funding is based are inadequate. Local governments end up paying for 20% of the costs of instructional personnel. Current SOO. Q. funding does not take into consideration the use of resource teachers and specialists such as guidance counselors and does not address the need for new course offerings. - The state's use of a statistic called the "linear estimator" for determining current salaries assumes all school divisions have equal weight regardless of enrollment size. Use of this statistic results in under-funding of salaries for instructional personnel. This is a particularly cogent issue as the state faces a teacher and administrator shortage, and competition for quality instructional personnel is at an all-time high. · Standards of Quality do not reflect costs of revised Standards of Accreditation and Standards of Learning. · State support for education capital costs is very low. In 1997 98 state support for capital expenditures was only 11.2% of all costs for capital outlay and debt service. · State funding for' technology is neither sufficient nor reliable, and the funding for technology personnel to train teachers and maintain and upgrade equipment has been both inadequate and sporadic. · Local governments carry a major portion of the costs of educating children with special needs. A Virginia Department of Education report (April 2000) showed that the state paid 26% of the costs of special education, the federal government paid 9%, and local school divisions paid 65% (Fields, 2000). The Coalition believes supporting these specific objectives related to school funding will prm4de all students with an equitable and high-quality program of instruction. The Coalition supports a state plan for Virginia's public schools that: · Closes the gap between actual cost of programs and facilities and existing state funding; · Expands positions and funding under the SOQ. to reflect prevailing practices in school dMsions; · Expands state and federal revenue to fully fund mandates (i.e., IDEA); · Closes the disparity gap in funding between wealthy and poor school divisions. GOAL 5 Levels of public education governance, from the state to the local level, should adhere to their respective roles and responsibilities. The past several decades have seen many changes in education policy and planning at both national and state levels that have had a strong impact on local schools. From requirements of Section 504 and IDEA to recent new standards and related assessment mandates, these changes have filtered down from the national level through states to local school personnel and school boards. Because many of the changes in education have been so sweeping, the roles and responsibilities of teachers, administrators, school boards, and local interest groups have become more complex. In addition, there has been a proliferation of special interest groups who have a mission to influence federal and state educational policy. At the national level, organizations such as the National Education Association and Parent Teacher Association have vast advocacy, networks and annual legislative programs through which they launch campai~o-ns in support of specific education policies and practices (Education Reporter, 1997). In Virginia, the roles and responsibilities of educators', local school boards, and state education associations have also changed in the past decade in response to heightened requirements for accountability related to new standards and assessment. Virginia's education associations now routinely engage in advocacy to support what they perceive to be educational 'best practices' for local schools, personnel and students. Annual legislative programs are the norm ~WEA. 2001; MASS, 9001; Virginia PTA/PTSA, 2001). In Getting America's Students Ready for the 21st Century (t 996), the editors urge governments and communities to work together to meet the nadon's goals and to use the "best thinking" of alt interested parties to accomplish this (U.S Department of Education, 1996). The sustained support of Virginia's General Assembl~ the State Board of Education, and Department of Education along with the state's school boards, educators, education associations, parents, and the business community is going to be needed if Virginia's schOols are ro be among the top in the nation. At the same time, it is critical for each group to understand its own role and responsibilities, to be an effective advocate for improving Virginia's K-12 education. It is important to separate which educational responsibilities are the state's and which are the locality's, particularly now when school divisions and school boards believe the state has, in effect, usurped local authority through its mandate of the SOLs. While it may be tempting, for example, for school board members to try to step into the shoes of teachers and administrators and exert authority over the operation of schools, the public is better served when local school boards concentrate on shaping local policy and advocating for sound education practices that will assist teachers and administrators in providing successful programs for students to achieve at their highest level. At the same time, school boards and education associations should understand that influencing state policy is also important if educators and parents are to help students achieve their best. The Coalition believes support of these objectives will ensure that state and local level education governance groups adhere to their respective roles and responsibilities. The Coalition supports a state plan for Virginia's public schools that: Increases awareness of roles and responsibilities of various levels ~of governance; Encourages respective associations to educate their members about their roles and responsibilities. GOAL <6 Adequate funding should be available to meet the technological and infrastrUcture needs of all School divisions in the Commonwealth. A recent review of over 700 empirical studies on the impact of education technology on student achievement has concluded that, overall, students who have access to any type of education technology show positive gains in achievement on standardized tests, national tests, and researcher-constructed tests (Baker, Gearhart & Herman, 1994; Kulik, 1994; Mann, Shakeshaft, Becket & Kottkamp, 1999; Rothenberg, 1994; Schacter, 1999; Sivin- Kachala, 1998; Wenglinsky, 1998). The issue of adequate funding for Virginia's schools' technological needs has been raised as part of the overall issue of school finance reform. AtJLARC's regional input sessions, session participants have shown appreciation for the state's efforts to fund computer hardware and software; however, these same participants felt that state funding overall was still inadequate and inconsistent. This is also a key point made by the Virginia Coalition for Education Funding (Fields; 2000; Joint Legislative Audit and Review Commission [JLARC]; 200t). Currently, the responsibility for financing most of the cost of technology in schools falls to local divisions where per-pupil costs vary widely. In spite of the need for significant and continuous funding to support new technology; to continuouslv update infrastructure, and to train personnel, many school divisions are only able to tack additional funds to already existing financial requests or to use one-time grants to support equipment purchases and infrastructure. This lea-es no funding for training personnel, maintaining expensive equipment, and upgrading equipment, additional concerns of JLARC session participants 0LARC, 2001). In a report commissioned by the Virginia Department of Education in 1998, the Milken Exchange on Education Technology sum'eyed 1,800 school buildings, surveyed over 1,300 teachers, visited 48 school sites, and interviewed focus groups and state policymakers. Of seven factors necessary for more effective use of technolog3; Virginia showed progress on one factor--technology capacity The report urged Virginia's education system to eliminate disparities in student access to technology; to help students and teachers improve use of technology.; to invest in professional development; to provide more technical assistance for schools; to increase revenue to give schools fle~bility to use technology effectively; and to promote use of technology to move from the level of skills development to the level of advancing student learning across the core Standards of Learning (Report to the Commonwealth of Virginia, 1998). Two years after the DOE report was issued, Governor Jim Gilmore proclaimed Virginia the "Digital Dominion" and set a goal of using technology to enhance growth and development of the state and its people (Bohland, Papadakis, Worrall & Zellmer, 2001). The biggest challenge to accomplishing the "Digital Dominion," however, is bridging the "Digital DMde," the inequities Virginia's citizens face in their ability to use computer technology and to access the Internet. This includes the state's schools and students. The ability to work with technology comfortably is a lifelong skill requiring continual learning as technology changes. Student competencies in technology must be developed as a necessary step in preparing Virginia's students to compete in the workforce. The Coalition believes support of these specific objectives will ensure adequate funding to meet technological and infrastructure needs of all school divisions. The Coalition supports a state plan for Virginia's public schools that: · Establishes technology as a separate state-funded category; Enhances,the development of student competencies in the use of technology to prepare them for the work force; · Provides technological resources needed for instruction of students and the efficient management of schools. GOAL 7 There should be support for programs that assist families and communities to participate more fully in public education. Comprehensive studies on the effects of parent involvement on student achievement agree there is a consistently strong correlation between parental involvement and student academic success. Further, specific types of parental involvement have been identified as important. Parents who use a variety of strategies to facilkate their children's academic success: provide an environment that encourages literacy; promote high expectations for success; monitor homework completion and TV access; participate in joint learning activities; encourage students' effort norjust abilit3,--; and become involved in their children's education at school and in the community (Baker & Soden, 1998; Baldwin, 2000; Cotton & Wikelund, I991; Decker & Decker, 1999: National Coalition for Parent Involvement in Education [NCPIE], 2001; San Diego. Public Schools, 2001)-. Research also suggests that the earlier in a student's schooling a parent becomes involved, the more positive the results will be (Cotton & ~Vikelund. 1991). The bottom line is, "the research suggests that students at all levels do better academic work and have more positive attitudes, higher aspirations, and other positive behaviors if they have parents who are aware, knowledgeable, encouragtng, and involved" (Epstein, 1992; Flood, 1993). Also, additional evidence shows that collaborations between schools and communities help students develop "lasting academic and life skills" (McLaughlin, 2001). Because of the public character of schools, the development of sound and constructive relationships between schools and communities is both a necessary and natural function of a publicly supported institution in a democratic societv (Bagin & Gallagher, 2001). Virginia Education Coalition members recognize the important relationship between parental involvement and student success in school and consistently support programs and legislation that strengthen parent-community-school relationships (Virginia School Counselor Association [VSCA], 2001; Virginia PTA/PTSA, 2001; VEA, 2001). Specific goals related to expanded community-school parmerships supported by Coalition members include increased opportunities for relationships with schools, more open communication with parents to facilitate greater understanding of their child's opportunities to achiex~e academic success, and increased state funding for programs that allow parents, educators, and community members to provide input to education reform efforts. The Coalition believes support of these specific objectives will assist families and communities to participate more fully in public education. The Coalition supports a state plan for Virginia's public schools that: · Establishes state-funded programs that promote family-school partnerships; · Promotes community-school partnerships in support of public schools. REFERENCES American Society of Civil Engineers (2001). School facilities rate D- on civil engineers' report card [Online]. Available: http://www, asce.org/reportcard/. Asp, E. (2000). Assessment in education: Where have we been? where are we headed? Education in a ~;ew Era. Alexandria, VA: Association for Supervision and Curriculum Development. Association for Supervision and Curriculum Development. (1997). Creating safe and drug-free schools [Online]. Available: http://www, ascd. org/readin- groom/classlead/971 O/class 10b.html. Bagin, D. & Gallagher, D.R. (2001). The school and com- munity relations (Tth ed.). Needham Heights, NL{: Atlvn and Bacon. Baker, AJ.L., & Soden, L. M. (1998). The ehallenges of parent involvement research. 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Undermining standards. Phi Delta Kappan, 82 (9). National Association of State Budget Officers. (1999). State expenditure report. (Table V, p. 12.). Washington, D.C.: NASBO. National Center for Education Statistics. (1999). Teacher quality: A report on the preparation and qualifications of public school teachers [Online].. Available: http: //x~wvw. nces. ed. gov/pub99 / 1999080. htm. National Coalition for Parent Involvement in Education. (2001). I'Vhy a coaIition for parent involvement? [Online]. Available: http://wx~wv, org. National Commission on Teaching and America's Future. (t 996). ['l/hat matters most: Teaching for America's future [Online]. Avaftable: http://www, www. tc.colum- bia.edu/-teachcomm/nav, htrn. National Education Association. (1999). Rankings and estimates. Annapolis Junction, MD: NEA. National Staff Development Council. (1999). Learning to lead, leading to learn [Online]. Available: http://www, nsdc.org/leadership.html. Recruiting new principals. (January, 2001). VASS News. XIII(5), 3 4 from Policy Update (June, 2000). National Association of State Boards of Education. Report to the Commonwealth of Virginia. An analysis of the status of education technology availability and usage in the pub- lic schools of Virginia. (1998) [Online]. Available: http: //www. mff. org/edtech/projects, tar? function=de taft&Content vidl = 150. Rothenberg, D. (1994). Information technology in edu- cation. Annual Review of Information Science and ~chnology, 29, 277-302. San Diego Public Schools. Parent involvement and student achievement [Online] Available: http://www, sdcoe.k 12.ca.us/notes/51/parstu.html. Schacter, J. (1999). The impact of education technology on student achievement: what the most recent research has to sa~,. Milken Exchange on Education Technology [Online]. Available: http: //www. milken.org. Scherer, M. (2000) Not by tests alone. Educational Leadership, 57(5), 5. Sivin-Kachala, J. (1998). Report on the effectiveness of tech- nology in schools, 1990-1997. Software Publisher's Association. Snow, C.E., Burns, S. & GritTm, P. (Eds.). (1998). Preventing reading difficulties in young children. Washington, DC: National Academy Press. Sparks, D., & Hirsh, S. (2000). A nationalplanfor improv- ing professionaI development [Online]. Avaftabte: http://www, nsdc.org/library/NSDC Plan.html. Studv of the Principalship. (1999). The principal, keystone of a high-achieving school: attracting and ~eeping the leaders we need [Online]. Available:http://www. naesp.org/comm/prss4-I 2- 11 .htm.. Sullivan, B. (1999). Professional development: The linchpin of teacher quali~y [Online Infobrief]. Available: http://www, ascd.org/readingroom/infobrief/9908.ht mi. Tell, C. (2000). Fostering high performance and respectabiti~, [Online Infobrief]. Available: http://www, ascd.org/read- lng room/infobrief/0008.html. Tomlinson, C. A. (2001). Standards and the art of teaching: Crafting high-quality classrooms. ~VASSP Bulletin, 85, 38 48. U.S. Department of Education. (1999). Federal legislation enacted in 1994: An evaluation of implementation and impact executive summary [Online]. Available: http://v~vw, ed.gov/offices/OUS/PES/19941egisla: tion.htmL U.S. Department of Education (1996). Getting America's students ready for the 21st Century: Meeting the technology liter- acy challenge [Online]. Available: http:/ /www. ed. gov/Technolo~/Plan/NatTechPlan/. U.S. Department of Education (2000). Q,uali~y counts 2000 [Online]. Available: http://xvwvw, edweek.org/sre- ports/qc00/. Virginia Association of School Superintendents (2001). Legislative Packet [Online]. Available: http://curry, edschool.virginia.edu/curry/centers/vass /legisttv. htm. Virginia Center for School Safew (2001). School safe~y in Virginia [Online]. Available: http://www, vaschoolsafe- ry..corn / schoolsafet3.'.html. Virginia Congress of Parents and Teachers. (2001). 2001 legislative program [Online]. Available: http://www, vapta.org/Committees/Legislation/Virgin iaPrograms/2001LP, htm. Virginia Department of Education. (2000). School safeff guidelines [Online]. Available: http://w~.v, pen. k 12.va.us/VDO E/Instruction/safe- ty. html. Virginia Education Association. ( 1997]. Vb~nia's educa- tional disparities. Richmond, VA: VEA. Virginia Education Association. (2001~. Supporting educa- tional reform: Attracting, training and retaining the best and &qghtest educators for Virginia's children [Online]. Available: http://~,a~w~:veawete ach.org/sixsal.html. Virginia Education Association. (200 t':. &'hoolfunding: Out of sight [Online]. Available: http:/ /w~v. veaweteach.org/schfund.html. Virginia School Counselor Association. (2001). Legislative news [Online]. Available: http: / / w,,x,~v, vsca.org /legisnews2OOO.htm. Wenglinsky, H. (1998). Does it compute? The relationship between educational technology and student achievement in math- ematics [Online]. Available: http: //~v. ets.org/research/pic/technolog, htmL PVCC SERVES, ALBEMARLE COUNTY 2000-2001 Total Number of Students Enrolled at PVCC 7,185 Number of Albemarle County Residents Enrolled at PVCC 2,35E Percent of PVCC Students Who Are Residents 9f Albemarle County 32.8% ~ercent of All Albemarle County Residents Enrolled at PVCC 3.0% Number of High School Graduates From Albemarle County Enrolled at PVCC 189 Percent of High School Graduates From Albemarle County Enrolled at PVCC 26.1% :~ercent of Albemarle County Residents Attending Colleges and Universities in Virg n a Enrolled at PVCC 47.8% College Albemarle Category No. I Pct. No. Pct. l-0tal Number 7,185 100.0% 2,358 100.0%' Full-Time 950 13.2% 300 12.7% Part,Time 6,235 86.8% 2,058 87.3% New 2,856 39.7% 836 35.5% Returning 4,329 60.3% 1,522 64.5% Male 2,885 40.2% 960 40.7% Female 4,300 59.8% '1,398 '59.3% ~Vhite 5,799 80.7% 2,044 86.7% African-American 952 13.2% 195 8.3% Other Race 434 6.0% 119 5.0% OFF CAMPUS ENROLLMENT FALL 2001 Albemarle High School 32 credit courses, 579 students 5 non-credit courses, 50 students Dual Enrollment WAHS 2 credit courses, 44 students Distance Learning (Web-based and Compressed Video) 25 credit courses; 386 students, 61 from Albemarle BUSINESS/INDUSTRY TRAINING 2000-01 Albemarle County Boar's Head Inn Badger Fire Protection Comdial Ch'ville Airport Litton Marine PVCC 10/2/0 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Establishment of Board Priorities SUBJECT/PROPOSAL/REQUEST: Set BOard work session for early next year. STAFF CONTACT(S): Tucker, White, Foley, Catlin, Spencer AGENDA DATE: October 3, 2001 ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: BACKGROUND: The County of Albemarle, as well as other local governments across the nation, face many conflicting challenges. We have increasing citizen expectations, and a changing technological environment, and we must work strategically to meet the multifaceted challenges: of our growing and diverse community. We have crucial choices to make concerning our community's water supply, its solid waste disposal plan, its transportation network, its rural land protection, and other issues related to our overall quality of life. In addition, we now must face new and unique challenges due to the unfolding national events and the resulting potential economic impacts and uncertainties. For the past ten years, the County's management philosophy focused on improving services for our citizens by incorporating the use of continuous quality improvement techniques throughout the county's operations. This has lead to a number of improvements in customer service, service delivery, and staff development. Last October, staff presented a report to the Board on our organizational improvement efforts to date and requested the Board's support as we continued to work on these endeavors. DISCUSSION: Since October 2000, the County's Management Team has developed into a "Leadership Council," composed of Department Heads and Executive staff, which will oversee county-wide initiatives such as the implementation of the DISC Neighborhood Model and our new "e-government" initiatives. There has been a renewed interest in and pursuit of leadership development and staff training opportunities. We have established a Visitor Assistance Center in our lobby to better direct and inform citizens of our services. We are improving the performance of our teams and the effectiveness of our meetings. In January 2002, we will survey citizens to gauge their satisfaction with our services and should have information to bring to the Board in early spring. The County Executive, department managers, and indeed all members of your staff continue to identify opportunities that we should pursue and service delivery areas that we should improve. Because of this, there are always numerous and conflicting demands placed on us all. To enhance our organizational responsiveness to these challenges staff feels strongly that input from the Board on County goals and priorities is needed. Without formal countywide directives from you, opportunities can be missed, good ideas can be shelved, and staff efforts can be misdirected. We request that the Board provide the direction that will enable us to improve the ways we prioritize our work. You are more knowledgeable about the desires of our constituents and you have a broad and balanced understanding of the county's needs. To effectively proceed from here, we request that the Board commit to the process of establishing a clear set of county wide expectations and priorities so that staff can strategically focus our efforts to meet the county's long term needs. Armed with this information, we will establish a strategic management system, which would be used to transform these priorities into goals and specific actions. We will: AGENDA TITLE: Establishment of Board Priorities October 3, 2001 Page 2 Align our department's goals, objectives, and workplans with the Board's priorities. More effectively allocate County resources. Provide direction to staff so that they can better manage conflicting workload demands. Provide the Board and citizens with regular reports so that progress can be monitored, performance can be measured, aha results can be documented. RECOMMENDATION: Staff recommends that the Board approve the scheduling of two to three facilitated Board Work Sessions outside of the regular Board meetings after the first of the year to establish long term goals and direction for the County. The Clerk's Office will work with your calendars early next year to accommodate the work session schedule. 01.186 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY-2?-0 7 P02:46 AGENDA TITLE: Presentation on Electronic Government (EGovernment) SUBJECT/PROPOSAL/REQUEST'. Electronic Government efforts including comprehensive website enhancement and placement of real property records online STAFF CONTACT(S): Messrs. Tucker, Kruger, Breeden, Mss. White, Catlin AGENDA DATE: October 3, 2001 ACTION: CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: X INFORMATION: No BACKGROUN D: The county established a website for local government in 1994 and since that time has undertaken several redesign efforts to keep current with customer needs and with emerging technology and applications. Given the substantial progress that has been made during the past several years in resolving some of the issues of privacy, confidentiality and security regarding transacting business online, staff feels it is now time to upgrade the website and to incorporate features that permit the provision of public records and the transacting of government business in a more comprehensive and productive way. DISCUSSION: In its original form, Albemarle County's website functioned, as did many local government websites created during that time, as an online brochure that provided very basic, static information about county government programs and services. Over time the County has added additional features and changed the look and feel of the page to try to keep pace with the needs of our users and with the rapidly changing online environment. During the past several years, the Intemet has become a very accepted way of doing business in the private sector and that has created pressure and expectations for the public sector to provide the same level of online service. A survey conducted in 2000 by the ICMA indicates that an overwhelming majority of municipalities nationwide are develo ping egovernment strategies and reveals that the most popular web-based applications are employment applications, requests for services, interactive maps including property records, registration for programs and services, voter registration, permit applications and renewals, and on-line payments for various taxes, fines and fees. I'n order to keep current with our local government peers, to realize the productivity benefits of egovernment practices, and to meet the expectations of our many customer groups, including citizens, county staff is initiating a comprehensive enhancement of our website led by a multidisciplinary team of employees with input from the public. The team will examine a number of potential applications to determine priority needs and technical requirements. One such application that should be ready to launch by January 1, 2002 is on-line web access to real property records. Many government entities at the federal, state and local level are providing access to public records on their website to provide easier, faster and more convenient self-service to citizens and other users. Chief among these records are real estate documents, with the ability to look up real estate data online being ranked consistently as one of the most frequently requested local government services. AGENDA TITLE: Presentation on Electronic Government (EGovernment) AGENDA DATE: October 3, 2001 Page 2 of 2 A large number of Virginia jurisdictions are now providing real property information via their websites, including Arlington County, Bedford County, the Town of Blacksburg, Fairfax County, City of Hampton, James City County, Montgomery County, Roanoke County and the City of Roanoke, among others. Recently Fluvanna County, Lexington, Augusta County, Danville and Giles have added that feature. All these localities state that access to real property via the Internet has been well received by the public and provides an important element to their Egovernment capabilities. The majority of these sites provide full access to all information allowed by law, which includes names, addresses, parcel numbers and maps. Only two of the surveyed localities, Norfolk and Virginia Beach, have restricted access to names, although the other localities do not report any privacy concerns from the public. 'It is our understanding that Fairfax County and Chesterfield County have included names in their online data (or in Chesterfield's case they are planning to do that when their data goes live in the near future), but that searching data by name is not permitted. These communities have sought to balance the privacy concerns of citizens regarding the availability of this information with the increasing public desire for online access of records and the requirements of state law including the Freedom of Information Act. One important consideration regarding the provision of real property records online involves the ability of users to search on certain fields of data to find information in the data base. Options include the possibility of searching by parcel number, by address, and/or by owner name. Some jurisdictions have chosen to permit searches by address and parcel number but not by owner name, while others permit searches on all three fields. In this our first phase of providing real property information online, we recommend allowing searches by parcel number and by address but not by owner name. We will reevaluate this decision after the service has been up and running for six months at which time we will have a better idea of how the program is functioning and what consequences, both positive and negative, we might expect if we were to add the capability of searching by property owner's name. Electronic technology provides an ideal opportunity to reduce our workload and our costs of transacting business, particularly for requests for public records, which can become a self-service method of service delivery if fully implemented. Typically, the most costly form of business transaction is the face-to-face, over-the-counter method, followed by live-operator based telephone transactions. Replacing a substantial number of either of these types of transactions with a self-service method via the Internet will result in real savings to the county as well as in improved service to our customers. RECOMMENDATION: This information is provided for the Board's information and requires no action at this time. Staff wished to apprise the Board of the County's push forward to embrace and implement e-government technologies and the projected launch of real property access in January to include names, addresses and parcel I.D. 01.180 I l?he University of' Virgh-fia's tealth Sciences Center has a ~dedical Center with 632 beds ~nd provides a number of ; peciatized services including the i~hildren's Rehabititatkm Centen 'l'he Health Sciences Center als() :ms three afl'iliated satellite clinics ;vithin the County. ~dartha Jefferson Hospital Electricit? Supplied by Dominion Virginia Powen American Electric Power and Potomac Edison. Distributed by Dominion Virginia Power, American Electric Power', Potomac Edison Cooperative, and Rappahannock Electric Cooperative. Naturrz[ Gas - Supplied by Columbia Gas/Virginia Pipe Line Company and distributed by Commonwealth Gas and the City of Charlottesville Gas. Vi&ret ~ Raw water is supplied by the Rivanna Water and Sewer Authority and is distributed by the Albemarle County Service Authority and the City of Charlottesville. The average daily use in the urban area systern is 11.2 MG and the system has a maximum daily capacity of 15.0 MG and storage capacily of 12.4 MG. The Crozet system's average daily use is .7 MG with a capacity of I MG and storage of 25 MG and 17 MG of storage. Sewage - Service provided by Rivanna Water and Sewer Authority. Daily capacity is 15 MG and the average daily use is 10.2 MG; tertiary treatment. So/id Wuxte - The Rivanna Solid Waste Authority (RSWA) operates and maintains the County's landfill located in the Ivy area The Ivy Materials Utilization Center (IMUC) currently accepts household garbage, construction and demolition debris, brush, appliances tires, as well as household hazardous waste items such as antifreeze, motor oil, household batteries, arid oil/latex Albemarle is governed by a popularly elected six-member Board of Supervisors representing each of the County's magisterial districts. A County Executive, appointed by the Board of Supervisors, serves as the County's chief executive officer and oversees the daily operations of the County. The County contains the Independent Town of Scottsville, which is governed by an elected six-member town council. School issues are overseen by a seven-member School Board. The Board is elected by County voters. The Count?s development is guided by a long range Comprehensive Plan. Phone - Provided by Sprint Centel or Bell Atlantic. Cellular service is available from several local providers. Radio - '-Fnree AM and seven FM stations are licensed in Charlottesville and Albemarle County. Te/eHsion - Two local stations; WVIR--TV, which is an NBC affiliate, and WHT.I Public TV. Richmond area stations are also received in parts of the County. Cable service is off, red by several providers. Albemarle County has 15 elementary schools, five middle schools, and four high schools. A new elementary school is scheduled for completion in 2003. The County and the City of Charlottesville jointly operate the Charlottesville-Albemarle Technical Center (CATEC), which provides vocational education for local stuctents~ The County is home to the University of Virginia and Piedrnont Virginia Community College. The University of Virginia is a nationally recognized public university which is comprised of the Darden Business School; The Schools of Architecture; Commerce, Engineering, Law, Medicine, Nursing and Education: and the College of Aris and Sciences~ Piedmont Virginia Community College offers two year Associate Degrees and also several year degree programs in conjur~ction with Mary Baldwin CoLlege and Old Dominion University. PVCC also offers extensive workff>rce training programs for local employees. The area is als() served by a number of private schools providing programs in a variety of elementary and secondary grade levels I~A~$~ORTAT~ O~ ighways - Interstate 64 bisects lbemarle County from east to est and connects with [terstates 95 and 81 within 60 iles of the Coun¢ The County also served by U.S. Highways 3 and 25ff ,~:~i/~ Norfolk/Southern and ~SX provide freight service on ,~o lines crossing the County~ CSX line als() provides freight trice to Scottsville at the ~ uthern end of the County. l'tarIottesvitle bas an Amtrak ~:)p with daily passenger service. The Charlottesville-. lberrtarle Airport provides :a'm'~ercial air service via four :dines-- 5(} Flights per day~ Air ~ight service is available :¢,,~i.s' .- The County lies within miles from Richmond's deep :ater port on the James FURTHER ::e P. Cattin : >mmunity Relations Manager tl Mdntire Road t'~arlottesviIle, 'vA 229024596 '~one: 434-296-5841 tx: 434-296-5800 "eb site: [nail: '?~ COMMUNITY PROFILE WWW ALBEMARLE O RG LOCATION Albemarle County is a community of approximately 85,(X)0 people nestled on the edge of the Blue Ridge Mountains. The 726 square mile County surrounds the ten-square mite H~STORY Formed in 1744 and named after William KeppeI, the second Earl of Albemarte, Albemarle County has a rich, historic heritage. It is the birthplace of Thomas Jefferson and the site of his home, TOPOGRAPHY Albemarle County*s topography ranges from the gently rolling terrain of the Piedmont to the summit o£ the renowned Blue Ridge Mountains, While the County experiences tbur full seasons, a generally moderate climate prevails with the monthly mean for January being 35 degrees and the monthy inean for July being 77 degrees, Average annual precipitation is 46 inches and the average anrmal snowfall is 24 inches. FORESTRY Agriculture and forestry are important aspects of the bcal economy i~[i~h Albemarle Connty ranked 20 amon~z Virgini~t COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Presentation - Library Facility Study SU BJECTIPROPOSALIREQUEST: Information presented on the recently completed library facility study STAFF CONTACT(S): Messrs. Tucker, White, Lilley AGENDA DATE: October 3, 2001 ACTION: CONS ENT AGENDA: ITEM NUMBER: INFORMATION: X BACKGROUND: ACTION: IN FORMATION: ATTACHMENTS: REVIEWED BY: Yes ~ ~ As part of the FY01 Capital Improvement Program budget, the County funded a library facility study to review and update the Library Building Assessment Report developed by library and county staff in December, 1999. The charge to the architect was to refine the data and provide more specific construction options and costs. Train and Associates, in association with The Design Collaborative, was selected as the architect for the study, which was completed in June. The study was reviewed and approved by the Library Board in September. DISCUSSION: The attached executive summary lays out the proposed direction to meet the capital needs of the Jefferson Madison Regional Library over the next 10 years. The report recommends six projects in the following order: a new Crozet Library; a new Northern library off 29-North; renovation of the central library; a new southside library near Monticello High School; a new Northside replacement library; renovation of the Scottsville Library. Currently, the FY2001/02 - FY2005/06 CIP and the FY2006/07 - FY2010/11 Capital Needs Assessment include plans for a new Northside Library to be constructed in FY06/07, renovation of the Central Library in FY07/08, a new 29-North library to be constructed in FY08/09, a new Crozet Library to be constructed in FY10/11, renovation of the Scottsville Library also in FY10/11 and a new Mill Creek Library in FYl1/12. Since the study recommends bringing Crozet on-line prior to any expansion on the northside, plus reversing the construction order of the two northern branches, the CIP Technical Committee will be rewewing the Library study as part of its FY03 CIP amendment process. RECOMMENDATION: No action is required by the Board at this time. Kirk Train will present the study to the Board. 01.187 09-28-01 A09:50 IN Jefferson-Madison Regional Library Albemarle County Facility Planning Study Executive Summary This study has reviewed the recommendations of the Jefferson-Madison Regional Library Building Assessment Report dated December 1999 and has updated and refined the data and findings of that report relative to Branch Libraries of the Regional System in Albemarle County. The sequence of implementation has been noted for a series of projects over a given period of time. The start of that sequence is not addressed, as it is part of the County Government's yearly budget process; and, this has not been settled as to the Library's request for funds or the County's ability to finance that request through referendum or CIP. The construction figures given are based on current "historical" cost numbers from the time of this report, March 2001 or generally FY 00/01. We have therefore noted a timeline of years from whenever the sequence is put in motion. In any intervening time, you would add 4% annually to the total project cost from FY 00/01 to the starting FY for all the projects. They are then balanced to each other after the sequence starts. This factor is generic and is intended to accommodate yearly inflation and market fluctuations, though it is not intended to be precise. The findings of this report are simply: There is need to upgrade and increase the Branch Libraries in Albemarle County to meet the growth of population and service to that population. All Branches should incorporate all new technologies to remain current with the Library System's Mission. Technology aside, all the Branch Libraries need to be modernized to meet Library requirements, current safety codes and public access requirements, and patron needs in the new century. The population growth in the County has outpaced the Library's physical facilities. In most cases, new and larger facilities are required. Collection levels and therefore knowledge availability will continue to degrade as the population and its demands are greater than the space available to house them. Jefferson-Madison Regional Library Albemarle Countv Facility Planning Study Executive Summary The recommenda~ons are: The County should sequence the expansion and growth of the Library System over a six-year period. The first project should be.a new 15,000 GSf Library in Crozet The second project should be a new 30,000 GSf Library and System Facility for the Northside of the County on Airport Road between US 29 and the AirporL The next project should be a joint project with the City for the renovation of the Central Library facility in Downtown Charlottesville. This is not a County exclusive Branch and is not dealt with specifically in this report. It should be included at this time. The third project should be a new $outhside Library on Mill Creek Drive, near Monticello High School. This should be a facility of 15,000 GSL The fourth project should be an additional Northside facility of 20,000 GSf to be located on Berkmar Drive adjacent to Agnor-Hurt Elementary School. The final project should be a moderate expansion of the existing Scottsville Library with new parking on an expanded site. The general size of each branch has been considered based on current population projections. These are only.guidelines. Each Branch Library should be programmed individually prior to design with the proper input of the Library, County, and patrons. Flexibility in the design should be considered critical, to allow the Library to meet new challenges and requirements while not being hindered with out-of- date conceptions of Library Planning. Remember just over 15 years ago the first PC's were entering the general market. We had not heard of e-mail and the world wide web, much less its impact on a library's physical plant and collection. 1'o: Members, Board af Supervisor~ ^ ~ ~/ Fr..: Ella Washington Carey, CMC, ,Subject: Reading L/st for October I)ate: September 27, 2001 April 25, 200 I July I1, 2001 August 15, 200t September 12, 200 I /ewc Ms. Thomas Pages I- t 7 (end at Item # I I) - Mr. Dorrier Mr. Bowerman Ms, Humphris COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: Members of the Board o,~j~rvisors Laurie Bentley, C.M.C./(} l~x/~ Senior Deputy Clerk ~ September 28, 2001 RE: Applications for Boards and Commissions I have attached all new applications received for current vacancies on various boards and commissions. Thank you. Attachments cc: Bob Tucker Larry Davis BOARD OR COMMISSION NEW TERM EXPIRE DATE APPLICANT INTERVIEW, IF SCHEDULED John E. Davidson Christine S. Devine Griffin W. Fernandez · Benjamin P. Ford Jillian 'E. Galle Charles E. Gay Betsy GOhdes- .Baten William L. Gord~)n, Jr. Aian D. Haverson William C. Johnson Robert MCGinnis ~ Stephen T. McLean Steven G. Meeks ' ' David B. Topper 'Robert Vernon · stuart G. waterson Robert F. Watson Robert S. wilson County of Albemarle Office of Board of Cotmty Supervisors 40i Mciufire Road Ch~._dotr. esv2le, VA 22902-4596 (804) 296-5843 APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITtEE (Please type or print.) Applicant's Name .'7V3o¼~ W. '~a. vlo{,,,,., Home Phone Magisterial Di~fict in wkich your home residence is located 5(,'/~o i) ccupadon/Tide /~f~ Dace of Empioymenc Ye~s Re,ident ~,,~2bem~le Co~'~ ~ 7 Spouse', Education (De§tees and Gra&,=don Dates} .~"'" ~r, > ~'boc.~c' ~nivv;,J'x Pubic, CMc =d Ch~=ble Office ~d/or ~her A~des or Ntere=s Reasonrs) f~ Wis~g to Se~e on as Bo~d/Co~ssion/Co~=en ~ ~e ~fo~adon prodded o~s app~cadon ~ be rele~ed to ~e pubic upon reque~. ~i~a~e / Date Ream to: Cl~k~oard of Coun~ Sup~isors ~b~le Counw ~1 Mclntke Road Ch~[o~e~iHe, VA 229C2-4596 County of Albemarle Office of Board of County Supervisors 401 Mclntire Road Charlottesville, VA 22902-4596 (804) 296-5843 APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITTEE (Please type or print.) Board/Commission/Committee Rivanna!Solid'~aste 'AuthofityCitzens Ad~so~i~ommitt~: Applicant's Name NoemaA.:Eli~/~il: .- Full Home Address 1!08 Mountai~vieve Drive, Charlottesville, VA 22903 Magisterial District in which your home residence is located Samuel Miller Employer PVCC Business Address Phone Occupation/Tide adjunct lecturer (just retired :from full-time:l~osition) Years Resident in Albemarle County 35 Previous Residence Faculty Homing, UVA Education (Degrees and Graduation Dates) B;A. Biology, Birdgewater College (1958) Date of Employment Spouse's Name NA Number of Children M.Ed. Science :EdUCation~ LJVA 0984) IqTq Memberships in Fraternal Business. Church and/or Social Group8 Methodist Church Public. Civic and Charitable Office and/or Other Activities or Interest¢ Amcricen Red Cross Disaster Response Team, Reason(s) for Wishing to Set,re on this Board/Commission/Cornmimcc I am interested in maintaining~a reasonable balance between the needs of our community, with regard, to solid waste, and?the health of'0ur environment; I am a firm beliovez in;r~y¢ling and :recovery of:0ur resources The information provided on~s ~plica~onffAll be released to the public upon request Date Return to: Clerk, Board of County Supervisors Albemarle County 401 Mclntire Road Charlottesville, VA 22902-4596 FAX: (804) 296-5800 08-28-01 A09:12 IN County of Albemarle Office of Boant of Comxty Supervisors 401 Mclnti~e Road Charlottesville, VA 22902-4596 (804) 296-5843 APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITTEE (Please type or print.) Board/Commission/Committee ~/,~f//f/~ .~jt~ .4~//~z/C/~A Applicmt's Name ~/~/~ ~c~ / Magisterial District in which your home residence is located Employer Home Phone, Phone Business Adch:ess Years Resident in Albemarle County ~_~~ ~4~t ~/ Spouse's Name Previous Residence ~(/~'-~ao' a~//)~/~t/4~,Z. ~'~A/~A /~'- Number of Children _M_ em~e~.~ps in F;atemM. Business, Chttrch md/or Social ?roup,. P.b~¢, C'vi¢ md Charitable Or, co md/or Other Activities or Inreres,,, Reason(s) for Wishin to Serve~ tl / ' mformatton provided on this application will be released to the public upon request. Remm to: Clerk, Board of County Supervisors Albemarle County 401 Mclntire Road Charlottesville, VA 22902-4596 FAX: (804) 2964800 08-14-01 ^08:49 08/13/2001 11:07 8049824628 UVA FP&C County of Albemarle Office of Board of County Supexvisots 401 Mcln~e Road Charlottesvil~, VA 22902-4596 (8O4) ~96-5S~3 APPLICATION TO SF-~VI~ ON BOARD/COMMISSION/COMMI~ (Pleale type or print.) Bo=d/Cmru ~ssmn/Comm/ttee Historic l~'ser~tion Comm/~ Applicators i~'ame Ganh An&-rmn Home A idress 2020 Echo Ridg~ Road Charlotmsvffi¢, VA22911 Magisl~rial D atrict in which you, home md&ace is located Rivanna Employ~ U fiv~sitv of ¥i~inia - Facilities Mana~em~t Bmhaess Add :ass 575 Ald~rma~ Rd Home Phone 434~74-7101 Phone 434-982.5367 Occupation/' '{r. le Resource Center Manager Ye~s Resider t in .Mbem~le County 17 Spouse's Name ~ COOl~r-A~no. Previous P,~s/, trace Number of ~ ~ ~ GmdmHqn r~m~ BS ~ M~/Biol., 1~5 (~una work rm~ ~ 1977 d~'t a~ for lffi~);~gS ~m~~i~8~(1978) i~h~l~lg~nfo' ~- , ~ ...... Memhe~ II Fm~ Ba~i.~,_ Ch~ch ~d/or ~ Groun~ 'Date of Employment . 10/30/1984 iXablic. Civic i ~d Ch,,dtaht,. Off'me and/ar Other Acli~4fi~.~ or Tno.~ fog t [ishin~ to Serve on this Boi~d/C, nm~-,i~,nn/Commi.~t:-._ See attached '~ tptx:vvided on this application 9All be r,'le'~_~d to the public upon zequcst. 8/13/2001 p~_x: (no4) ~-~ 08/13/2001 11:07 FAX B049824628 UVA FP&C E&D GARTH ANDERSON 2020 ECHO RIDGE ROAD CHARIZ)TTESVILLE, VA 22911 [~02 August 13, 2001 M,~mbers of the Historic Preservation Committee Al.~emafle County 4O t McIntire Road C! arlottesville, Virginia I have submitted an application to serve on the Historic Preservation Committee so I may apply the skills I have developed in my role with the University of Virginia to the lm ely part of Virginia we call home. As Resource Center Manager.for Facilities Management, I am responsible for the art hiving and .retrieval of the construction documentation of the UniversiW. In order to answer n~ ny requests, and out of a personal interest, I have spent many days in the Special Collectiom of Alderman Library. I think I have developed a good sense of Virginia's architectu~ historY .starting 'from approximately 1890. To put this in context, I have taken graduate courses in 19m an, t 20~ centurY American architecture at the University. In the five years I have been with Facilities Management, I have overseen the co: npletion of a database of the drawings and specifications in our archive. This database has a we b interface and can be searched from: http://fac.mgmt.vi~i__n_;a.edu/resource/resource, asp. By this Winter I expect to have digital images of the drawings linked to their database entries so ou: consultants can search and retrieve from our collection of drawings. I also work closely wi :h the geographical information systems (GIS) offices in Facilities Management and have co: ne to appreciate the power of combining digital maps and databases. I have also begun a University photograph database to augment those photos ay: ilable from Alderman Library. We had a summer intern take 1600 digital photographs of ou- various facilities and capture a snapshot of the University in 2001. I feel that besides un !terstanding yesterday, we need to document nada-y. Architecture, scenic views, and the basic fa~ tic of Albemarle are a legacy that has been given to us and which we must pass on. Dc cu~-enting today's land use will provide our children's children a basis on which to make d~:isions. I would enjoy talking to one of the committee members and learn more about ho' ~ the committee operates and its interaction with the County government. Sir cerely, Ga rth Anderson County of Albemarle 09-07-01 A09:25- IN C]~.~otte. sv~e, VA ~902 (804) 2964843 Board/Commission/Committee Applicant's Name Full Home Address APPLICATION TO SERVE ON BOARD/COMMISSION/COM1VIITTEE (Please type or print.) /)//z m y, e~' ) I/W Magisterial Dbrr/cz m wb2ch your home residence is located Home Phone 54-'3 q(- .5-Y ~ -//~'/ Fz_ d V.4 /t//t/ A Co ~,t.' T 'f Employer ' U I/A ,q-Zdm,'t// ht55'oC, Phone Business Address J// ~-/~/~f{- S~ Soo ) Oc=padon/Tide ~aum,v/ 5~at'IC~ ~55f~r6~r(~r0 DareofEmplo~enr 8/01 Ye=s Resident ~ ~bem~le Co~ ~ FK5, ~L~E~ Previous Residence 5~ Or~SO(~) ~D N~ber of CM~en Education ~egrees ~d Gra&adon Dates} ~ > / MembersNps ~ Fntem~, B~Ness, Ch~ch ~d/or Soci~ Groups ~ a,-q-Wr/g rlO,,tl //UTER-Bte.{ T~-'~, PubEc, Civic and Charitable Office and/or Other Activities or interests Reason(s} for Wishing to Serve on this Board/Commission/Committee The Nfo~a~on prodded on ~s app~ca~o~ ~ be rele~ed to &e pubEc upon Si~a~/ ~ Date Return to: Clerk, Board of County Supervisors Albemarle County 401 Nlclntire Road Charlottesville, VA 22902-4596 FA.X: (804] 296-580C County of Albemarle APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITTEE (Please type or print.) Board/Commission/Committee Applicant's Name Full Home Address Magisterial District in which your home residence is located ..~,~,'d~:a /t,4tt. ~ Business Address Occupadon/Tirle Years Resident in Albemarle Cotmt-7 Prev[ousResidence /fl"~C /,W~=.r'r~/~g.~ Date o f Emp[oyraent Number o~ Cnildr~n '7 ('~Lteoww~; ~te_~/~;t~') Education ODe§tees and Graduation Dates) ~//~ d~al~ ~2~/V~r ~, , /gJ"~j ~. A~/~ ~/~,/~' Membershos ~ Fmtem~, B~Ness, Ch~ch md/or Soci~ Groups ~//~ ~dz ~~_; ~~ ~' Pubic, CMo ~d Ch~table Office md/or ~er Reason(s) for Wishing to Serve on d-ds Board/Commission/Commktee .,~.r,h~ ~e ~fo~ado~p~Hcadon_~ be rele=ed co ~e pubEc upon Silage Date Remm to: Clerk, Board of Coun .ty Supervisors ,~bemarle Coun~ 4C1 McIntize Road ChariotteswiLIe, VA 229C2-4596 ..................... ~ '~qA-~ RP~ "Beech Run" 680 Broad Axe Road Charlottesville, VA 22903 August 6, 2001 The Honorable Sally Thomas, Chair Albemarle County Board of Supervisors 401 Mclntyre Road Charlottesville, VA 22903 Dear Mrs. Thomas: Please share with the Board my apology for not being present to meet with you on August 1~t. Somehow, I had noted the dateas the 8th, and the postal service did not deliver the confirmation letter ¢rhich Ms. Bentley sent to me in June. This is not the first time we have not received mail, had it delayed by days or weeks, or had it delivered to others. It is, unfortunately, a routine occurrence on Broad Axe Road. I am very sorry that it affected the planned use of your time. Be assured that I remain interested in serving the county through membership on the historical commission. Ms. Bentley advised me by telephone today that you are readvertising the commission positions and will reschedule interviews late in September or early in October. This time, I will not rely on the postal service for confirmation. Sincerely yours, Paul R. Brockman 08-0g-01 P02:33 N PAUL R. BROCKMAN 680 Broad Axe Road Charlottesville, VA 22903 804-977-3440 brockmanfin~ea~linlcnet SUMMARY OF EXPERIENCE IN HISTORY AND HISTORIC PRESERVATION Mr. Brockman began reading history, independent of his.formal education, at the age of 10. By the age of 14, he had read the complete works of Toynbee, Beard, the Durants, and Churchill, as well as works by other modem historians. He passed by examination out of all history requirements at the undergraduate level. While an undergraduate at Baker University, and during the early years of his public service career in Washington, D.C., Mr. Brockman undertook research on his own initiative to establish the significance of the Mine Creek and Little Osage battlefields in Linn County, Kansas--sites of the only engagements in Kansas between regular forces of the Union and Confederate armies. The results of this research were used by Congressmen George and Ellsworth in their successful efforts to secure National Military Historic Monument status for the sites as part of the Fort Scott National Military Park. During and shortly after his first residence in Albemarle County, fi'om 1966 to 1967--while studying at the University of Virginia as a Fellow of the National Institute of Public Affairs---he began private research into the history of Central Virginia as a part of his efforts in behalf of the Brockman family to develop a comprehensive history of that family and the families allied with it by marriage. This family came to Orange County in 1734, spread into Albemarle County in 1761, and was part of the Great Migration to the South and West. It now has family members spread across the nation~ Mr. Brockman is historian for the family, and is nearing completion of the familY history. He will serve as one of the hosts for a nationwide family reunion in Charlottesville and surrounding areas in June 2001. While serving with NASA at its Headquarters in Washington, D.C., he was elected to the Falls Church, VA, City Council in 1971, and the following year became that city's member of the Board of Directors of the Metropolitan Washington Council of Governments (COG). From 1973 until the end of his term in 1976, he chaired both committees representing the local governments of that region in preparing for the Bicentennial of the United States: the Congress of Bicentennial Commissions, concerned with historic and celebratory observances, and the COG Special Committee on the Bicentennial, concerned with assuring adequate public services and safety during the Bicentennial Year. In 1975, after experiencing the limitations on governmental efforts in historic preservation, he founded Historic Fails Church, Inc. (HFCI), as a public-benefit, private corporation to conduct preservation activities in accord with the special tax treatment provisions of the Internal Revenue Code. He was President and CEO of HFCI for three years, before turning it over to others. It continues as a vital'preservation force in Falls Church holding and admini.qtering preservation easements, and managing a revolving fund which it uses to intervene in the saving of endangered landmark buildings. He co-authored the successful National Register nomination for the Birch House, the most historic remaining residence in the City of Falls Church. In 1977 and 19.'78, h~was co-chair ofthe Committee on History of The Falls Church, one ofthe three remaining late Colonial churches designed by Col. James Wren and built by Col. Wren_ From 1985 to 1987, he was on the Committee on Historic Ministries ora second of these churches: Christ Church, Alexandria. For some 30 years, he has been a member of the Historical Society of Fairfax County, and is currently a member of the Albemarle and Orange County Historical Societies, the National Genealogical Society, and the Mid-Atlantic German Society. In 1980, Mr. Brockman formed a limited partnership to acquire and hold one of the then-threatened fortifications associated with the Aquia Creek Landing area northeast of Fredericksburg in Stafford County. This site was of strategic Significance in relation to the Fredericksburg campaign in the War between the States. It subsequently became known as the Brockman-Henderson Fort Site and was placed on Stafford COunty's initial set of historic overlay districts. In 1994, he sold the fort to an equally dedicated preservationist, Dr. Thomas Mountz, who continues its preservation and restoratiov~ Recognizing the value of public benefit corporations such as HFCI in the preservation and restoration of historic areas across America--including among others Charleston, S.C., Savannah, GA, Philadelphia, PA, and Pittsburgh, PA--and becoming aware of the absence of such an organization in Central Virginia focused on landmarks of local significance--Mr. Brockman incorporated Preservation Central, Inc., in October 2000, and serves as its President and Executive Director. Preservation Central has a service area that inCludes Albemarle, Amherst, Fluvanna, Greene, LOuisa, Nelson and Orange counties and the City of Charlottesville. Mr. Brockman has recently finished building a new home for his wife and himself in the Samuel Miller district---designed to give the appearance of Virginia 1-farmhouse of the type built between 1780 and 1850 while exploiting both historic and modem energy-efficient techniques in its design and construction. In addition to his activities in preserving buildings and sites, he and his Wife initj./iated the revival of the art of Scottish fiddling in the United States through the founding of workshops in 1975, of national championship competitions in 1976, and incorporation of the. U.S. Scottish Fiddling Revival, Ltd. in 1978. Mr: Brockman is a member of the Beacon Club of Charlottesville and the St. Andrews Society of WaShington, D.C., and is alife member of the Alumni Association of the UniversitY of Virginia. County of Albemarle Office of Board of Cotmty Supervisors 401Mclnrk~ Road Charlot-tesv~e, VA 22902-4596 (804) 296-5843 APPLIGATION TO SERVE ON BOARD/COMMISSION/COMMITTEE (Please type or print.) Board/Commission/Commktee ~4~6~or~'e J2)cesefvclh'or~ Applicant'sName ~hciS+[ne_ ,5. OCw',qe... HomePhone ('/g/35t-q77- Full Home Address (ZJ~or Io44Cs-ff~'~b. VF} lZ~/Ii Magisterial District in which your home residence is located '~ I' v'a r~ ~q Employer Bush. ess Address Phone Occupation/Tide [4q'.%4-or'-f' Cm//+omemaK Date of Employmenz Years Resident in ,~bemade County ~ yrs. Spouse's Name }~ff,'Chae t ~** Oev~,qq... Previous Residence ~iTrxdhcw,~a(3o {i%; ~--M Number of Children 'Z-. lqg3 Education (Degrees and GraduadonDates) '~.tq. th, ~5+o-rw, /"'/or~ve~-hN LJn,'ve£$i'{u ~, '-[3fi. 0 '" :" ol iA EQrlv I~w~q-e.ri¢c,n Ifl"Sbor'v. Oollg~a n4' }A,r, ll,c~nq ~ /~/qry} ifiqoj 1~sflor,'c ? MembersNps ~ Fratemfl, B~bess, Ch~ch md/or Socifl Groups ~ur~ eho ir ~ ~ [~ (~ ~ r~ ~u r& Public, Civic and Charitable Off~ce and/or Other Activities or interests _~rc h,'.l-ecF/,'-ol i-eev,¢~,, Reason(s) forWishing to Serve on dais Board/Commission/Com_w2ttee 2I'-__<~ -/~75 ;3o5,' h'o r~ cts c,,q oppo r4voiq-V 3~ %e bfo~adon prodded on ~s appEc~don ~ be rde~ed to &e pubic upo~eque~. ~ 5 p o5i ~'o n, Signature / 6/ Date Remm to: Clerk, Board of County Supervisors Albemarle County 40t McIntire Road Chartotteswitle, VA 22902-4596 ~04) 296-5800 County of Albemarle Office o£Bo~d o£ County Supervisors 401 Mclnfite Road Charlottesville, VA 22902-4596 (804) 29&5843 APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITTEE (Please type or print.) Board/Commission/Committee Applicant's Name Griffin W. Fernandez Full Home Address 2230 Owensville Rd., Charlottesville, VA 22901 Home Phone 804-~79-0348 Magisterial District in which your home residence is located Samuel Miller Employer CharlottesvilleCit'/:Schools (ChatI0ttes~ilte:.Iliv, h'Sehool) Business Address 1400 Melbourne Rd, Chaxlottesville, VA 22901 Phone 804-245-2410 Occupauon/T}tle Teacl~er/COach Years Resident in Albemarle County Seven Previous Residence 1803 Clay Hill Rd, Charlottesville, VA 22901 Date of Employment 08/01/1997 Spouse's Name Louise deKOven Fernandez Number of Children Three Education ~.T)egrees and Graduation Dates) 1987-B.A. Philosophy/Government, College of William & Mary; 1990-J.D., Catholic University of America; 1995~M.A. Philosophy, Catholic University of America lkfemberships in Fraternal, Business, Church and/or Social Groups Admitted to Virginia State Bar in 1990. Public, Civic and Charitable Office and/or Other Activities or Interests CHS Boys Head Soccer Coach since 1996. Servec[ on Board of Directors, Mb on Wheels. Practiced environmental law. Wrote article on "aesthetic nuisance"--1991, Harvard Environmental Law Review Reason(s) for Wishing to Serve on this Board/Commission/Committee Plan to be a.long-term resident of Albemarle County and wish to promote the balanced:preservatiOn of the histoxSc~ sceriie anti: agricultural .assets'of:the area. The information provided on tl-4~s application/q37jfll be released to the public upon request. Si Date Return to: Clerk, Board of County Supervisors Albemarle County 401 Mclntire Road Charlottesville, VA 22902-4596 FAX: (804) 296-5800 08-15-0t ^08:52 IN County of Albemarle Office of Board of County Supervisors 401. McInfire Road Charlottesville, VA 22902-4596 (804) 296-5843 APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITTEE (Please type or print.) Board/Commission/Cornmi~ee Historic Preserv&tion Committee Applicant's Name Benjamin P. Ford HomePhone (80L~) 977-O4. t q Fu~HomeAd&ess117 Amherst Commons Charlottesville, VA 22903 Magisterial District in which your home residence is located Employer .' Rivanna Archaeology Business Adc~ess 609 E. Market St. ~ Ste. 110 Charlottesville, VA 22902 Occupation/Tide Principal Years Resident in Albemarle County Ten PreviousResidence 11~ Ivy Dr. #6 Charlottesville VA Education ~Degrees and Graduation Dates) Phone (804) 220-3108 Dare of Employment WAy q998 Spouse's Name Amy Stewart Number of Ch/Idren Two Ph.D Kay 1998 University of Virgin4.a Memberships ;m Fratem~, Business, Church and/or Soci~ Groups See attach ed C-, V, Public, Civic and Charitable Office and/or Other Activities or Interests RPA, Since 1998 Reason(s) forWishing to Serve on this Board/Commission/Commkree To contribute to my preservation efforts. The information provided on ~s app~cadon~ be released to r. he public upon request. Signature - / D Return to: Clerk, Board of County Supervisors Albemarle County 401 Mclntire Road Charlottesville, VA 22902-4596 FAX: (804) 296-5800 BENJAMIN P. FORD, PhD., RPA Principal Investigator, Rivanna Archaeological Consulting EDUCATION University of Virginia, Doctor of Philosophy in Anthropology, 1998 Charlottesville, VA University of Virginia, Masters of Arts in Anthropology, 1997 Charlottesville, VA Connecticut College, Bachelor of Arts in Anthropology, 1984 New London, CT PROFESSIONAL AFFILIATIONS Society for Historical Archaeology (SI-IA) Society for American Archaeology (SAA) Register of Professional Archaeologist (RPA) Archaeological Society of Virginia (ASV) Preservation Piedmont 1991 to Present 1991 to Present 1998 to Present 1999 to Present 2000 to Present AD VISOR Y POSITIONS Historical Resources Task Force, City of Charlottesville Preservation Piedmont, Board Member Thomas Jefferson Chapter, Archaeological Society of Vkginia, President 1998 - Present 2001 - Present 2001 - Present CURRENT PROFESSIONAL Rivanna Archaeolo~cal Consulting, Charlottesville, VA Principal Investigator Rivanna Archaeology provides historical and archaeological consulting services for clients including archaeological identification, assessment, evaluation and mitigation work. All archaeological work complies with Section 106 of the National Historic Preservation Act and all relevant federal and state regulations. Current and previous clients include the National Park Service, the United States Forest Service, the Virginia Department of Transportation, and the University of Virginia. TEA CHING EXPERIENCE University of Virginia, Charlottesville Fall 2000 Lecturer, ARCY 551 Archaeology of Central Grounds Designed and taught an historical archaeological fieldschool course with twenty students at Monroe Hill, the original farm, residence and law office of James Monroe. Directed historical research, survey and excavation of the historic property at Central Grounds. 609 E. Market Street, Suite 110, Charlottesville, VA 22902 Ph: (804) 220-3108, Fax: (804) 979-3645, Email: rivanna.arch~mindspring, com RIVANNA ARC~HAEOLOGI©AL ©ONSULTING Statement of Qualifications Rivanna Archaeology is a consulting firm located in Charlottesville, V'~nia that offers professional historical and archaeo_lo..gic, a[. research .an~ cultural resource management services. Since 1998, Rivanna Archaeology has served greater Virginia and pamc~pated in a number of projects throughout the United States. Current and Previous clients include the National Park Service, the United States Forest Service, the Virginia Department of Transportation, the Virginia Department of Historic Resources, the University of Virginia, and regional private property owners. Rivanna Archaeology staff fully meets the Secretary of the Interior's professional qualifications standards. All archaeological work performed by Rivarma Archaeology complies with Section 106 of the National Historic Preservation Act and the Secretary of the Interior's Standards and Guidelines for Archeology and Preservation. Rivanna Archaeology staffhave undertaken several research projects within Virginia. These projects have involved both research driven agenda and mitigation work and include work in Albemarle County, Alleghany County, Henrico County, Louisa COunty, Prince William County, the City of Charlottesville, and :historic C~mral C~ounds at the University of Virginia. Selected Project Experience City of Charlottesville, Greenways Master Plan, Charlottesville, Virginia. Rivanna Archaeology is serving as a consultant on a project that will design a multi-use trail or Greenways system encircling the City of Charlottesville, Virginia. Rivanna Archaeology will identify and locate historical and archaeological resources in the route of or adjacent to the proposed Greenways system and summarize their significance to the project. Rivanna Archaeology will also serve as an educational liaison, providing suggestions as to how historic and archaeological resources may best be used educationally. Louisa County Mining and Early Industry Survey. Louisa County, Virgmia. An archaeological survey was conducted by Rivanna Archaeology to locate and identify approximately 25 'nineteenth and twentieth century mining and early industry sites around Mineral, Virginia. Louisa County is proposing to interpret several known historic sites and link them with an abandoned railroad bed that will be used as a recreational, pedestrian, and bicycle path. Preliminary historical research was conducted in local repositories and in the Virginia Division of Minerai Resources. All visible above ground features were identified and each site was photographically recorded. Several sites were mapped in detail. The final report summarized the findings and recommended the archaeological, interpretive and educational potential of each site. Jamestown Island and Neck of Land Cultural landscape Report and Cultural Landscape Inventory, Jamestown, [qrginia Rivanna Archaeology is presently conducting landscape history research on Jamestown Island and Neck of Land properties for the National Park Service and Association for the Preservation of Virginia Antiquities. This research encompasses the site's physical history, from prehistoric to the first permanent English settlement through to its present day tenure and occupation. The final document will augment existing site documentation to inform the direction of future planning and management processes. Mayfield Historic Site, Manassas Museum System, Manassas, Virginia Rivanna Archaeology is presently conducting archaeological mitigation work at Mayfield, a Civil War earthen fortification and mid-eighteenth and nineteenth century domestic site. Work will include the excavation of a part of the fort and shovel testing of pedestrian paths prior to development as a park. Archaeological testing will also locate a 30 x 40 foot stone foundation of a domestic residence on site. A synthesis of previOUs archaeological investigations and artifacts recovered at Mayfield will coincide with a final report summarizing the project's archaeological findings and educational potential. 609 E. 3J~i~KE~ S~REE92, SUITE 110, t2HARLO~TES¥ILLE, VA 22902 PI-I: 804-220-3108 FAX: 804-979-3645 EM.A. IL: RIVANNA~ARC~H~MINDSPRING.C~OM RIVANNA ARCI-IAEOLOGICAL CONSULTING Malvern Hill Unit, Richmond National Battlefield, Henrico County, Virginia. Cultural Landscape Report Rivanna Archaeology is presently conducting landscape history research on the Malvem Iffdl and Glendale Units of the Richmond National Battlefield. This research encompasses the site's early settlement and Civil War history through to its present day occupation and will augment existing documentation and inform the direction of future planning and management processes. EDA Land Exchange, George Washington & Jefferson National Forests, Allegbany County, Virginitt Rivanna Archaeology conducted Phase II archaeological evaluation on six colliers pits in Alleghany County, Vir~nia. Evaluation concluded that While the colliers pits were si~ificanfly important to the history of the region and state to justify systematic recordation, the relatively extensive mount of archaeological recording and data gathered sut~geSt~d ~aat continued analysis and preservation of the six sites would not likely yield a greater understanding of these historic resources. Shenandoah Valley Battlefields National Historic District, Policy and Implementation Plan Rivanna Archaeology contributed research and writing on the pre-European settlement'landscape of the lower Shenandoah Valley, Vh'ginia. The final product will be a contribution to a larger historic landscape document prepared for the Shenandoah Valley Battlefields National Historic District. The Riggory, Albemarle County, Virginic~ Rivanna Archaeology conducted archaeological mitigation work on the Riggory, a mid-eighteenth century property located within the Southwest Mountains Rural Historic District, aNational Register Historic District. Property owners wanted to tear down two aging early twentieth century farm outbuildings in order to construct a new garage. Easement restrictions required that subsurface investigations be conducted prior to construction of the new garage. Grand Canyon National Park, Cultural Landscape Report and Cultural Landscape Inventory Rivanna Archaeology is presently conducting historical research on the landscape history of the Grand Canyon Village, Desert View, and North Rim properties within the Grand Canyon National Park. A chapter on the site physical history of each property will be contributed to the final report. Nicodemus Na~onal Historic Site, Nicodemus, Kansas. Cultural Landscape Report. Rivanna Archaeology is presently conducting historical research on the landscape history of Nicodemus, an African American town in northwest Kansas founded in 1877, and a National Park Service property. A chapter on the site's physical history will be contdbutedto a final Cultural Landscape Report. Work will alsO include contributions towards the development of historic period plan maps which describe the physical evolution of the s'rte, and providing direction for oral interviews to be conducted with former town residents. Wilson's Creek National Battlefield, Republic, Missouri, Cultural I_andscape Report. Rivanna'Archaeology is presently conducting historical research on the landscape history of Wilson's Creek National Battlefield, a 1,750 acre National Park Service property where the largest Civil War battle west of the Mississippi was fought. A chapter on the site physical history will be COntributed to a final Cultural Landscape Report. Work will also include contributions towards the development ofhist0ric period plan maps which describe the physical evolution of the site, and a summary of previous archaeological work conducted at the battlefield. Hampton National Historic Site, Towson, Maryland. Site Physical History and Contextual Documentation. Rivanna Archaeology is presently researching .and writing a volume documenting the physical, social and contextual history of the landscape for the Farm property at Hampton National Historic Site, a National Park Service property. Hampton is currently a National Park Service property'that was occupied by the Ridgely family since the mid- eighteenth century as an agricultural, industrial and commercial estate. The document will provide background information to formally evaluate the-significance and integrity of the landscape according to National Register Criteria and to develop a treatment plan for the long-term management of the historic landscape. 609 E. MARKErJ~ S~REET, SUITE il0, CHARLO~U~ESVILLE, VA 22902 PH: 804-220-3108 FAX: 804-979-3645 E1VIAIL: RIVANNA.ARCH~MINDSPRING. COM County of Albemarle Office of Board of County Supervisors 401 M_cIntire Road C~adottesvffle, VA 22902-4596 (804) APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITTEE (Please type or print.) Employer ::=~omas. Jeffe~n~F0un~fi0~thfi~glli> :: Business Address Occupation/Tide PmJ~el~'~anagei'iDi~it~!~ehaeologicati!Archiveo'£Slaxrery. Years Resident in Albemarle County l~994q997artd~2000-2001 Previous Residence Nasl~vitle, TN Date of Employment ,. ;;51872000 Spouse's Name N/A Number of CIaildren o~ Education (Degrees and Graduation Dates) B.:A. in..Arehaeology~fr0m the:V/aive~sity,~fi~/irg~ 099~)~:.l~.in~nthrOl, Olo~fr~~ university of~irginia (1.998);::Ph. D candiCtate.. ~....~n. ~tlir0pol0gy at the Universit~ o£Vir~itiia~ (2002. ~ ~eeted degree, d~:te). Memberships in Fmtemnt_ B~mlnoss. Church and/or Social Groups Membertftli~:ftilb~g: Belm~Neighborhood~k~s0~i~0n; Reason(s) for W~qhlng to Serve on this Board/Commigsion/Com The information provided on this application will be released to the public upon request. Sigz~ .... Date Return to: Clerk, Board of County Supervisors Albemarle County 401Mclntire Road Charlottesville, VA 22902-4596 FAX: (804) 296-5800 05-15-01 P12:47 1~ County Board of Supervisors 401 Mclntire Road Charlottesville, VA 22902-4596 Application for Albemarle County's Historic Preservation Committee Statement of Interest: I was a resident of Albemarle County from 1994-1997 and I have resided in the city since May 2000. Since returning to Albemarle County in May 2000, I .have been active in uncovering the histo~thof Free State, a significant free African-American community during the 18th and 19 centuries. I worked successfully to obtain a Phase I archaeological survey of Free State, a much needed initial investigation into the lost history of a cOmmunity ~with ties to not only other established free Black neighborhoods in Albemarle County but also with ties to the Jeffersons, Eppes, Dabneys, and Hemings' families. I have spoken at Board of Supervisor meetings and Planning Commission meetings on the subjects of both Free State and the passage of the County's Historic Preservation Plan. Between 1997 and May 2000, I worked as a research archaeologist, and later as the Acting Director of Archaeology, at The Hermitage, Andrew Jackson's Plantation located outside of Nashville, Tennessee. Prior to leaving Charlottesville, I worked for two summers as first the Lab Director and then Assistant Directorof The Foster Homesite: Archaeology at Venable project located on University owned property off of Jefferson Park Avenue. This prominent public archaeology site influenced, and was inflUenced by, many aspects of the surrounding communities. On a.daily basis I worked with members of the academic community, local African-American community, as well as primary and secondary school children. I am aware of the preservation issUes facing both the County and the City and am familiar with the wide-range of opinions that the public has regarding historic preservation. I feel strongly that my archaeological, anthropological, and historical training would be an asset to the Historic Preservation Committee. I have extensive training in both historic and prehistoric.archaeology and I have worked in both museum and cultural resource management settings (Please see attached vita). I have worked at several sites in Virginia, including Poplar Forest, Monticello, and The Foster Home Site. I have taught the public aspects of archaeology, history and preservation throughout my work at these sites. I am currently the Project Manager. of the Digital Archaeological Archive of Chesapeake Slavery, a project funded by the Mellon Foundation and based at Monticello. Over the past year I have designed and developed an extensive computer database that will contain the artifactual, contextual, and geo-spatial data from twenty excavated slave quarter sites located throughout the greater Chesapeake region. We are collaborating with Colonial Williamsburg, Mount Vernon, Poplar Forest, and the Department of AnthrOpology at the College of William and Mary to make these data full accessible to researchers and the Galle, Historic Preservation Committee Application 1 public via the Intemet. I am look forward to volunteering both my archaeological and historic knowledge as well as my computer expertise to help with historic preservation issues in Albemarle County. In addition to archaeological training, I am an active member of the.Vernacular Architecture Forum. I have attended their national conferences and have written for their quarterly' newsletter. At The Hermitage, I was the on-site supervisor for an extensive Historic American Building's Survey recording project related to three standing nineteenth-century slave dwellings. I am familiar with the techniques and standards for recording historic structures and am also familiar with preservation law. As an archaeologist and public historian, my interest in preserving historic landscapes comes naturally. As a past member of preservation groUPs in other areas I have lived, most notably the D.C. Preservation League and Historic Nashville, Inc., I am aware of the challenges and issues embedded in historic preservation initiatives nationwide. I am eager -to work for the County to establish sensible guidelines for historic preservation that promote preservation in an effective and non-divisive manner. Galle, Historic Preservation Committee Application 702A Graves Street Charlottesville, VA. 22902 (804) 977-9089 e-mail: jgalle(~monticello.org Jillian E. Galle Department of Archaeology Monticello Box 316 CharlotteSville, VA 22902 (804) 984-9871 EDUCATION Expected 2002 1998 1994 Ph.D. Anthropology, University of V'mgio'nia- Mak Anthropology, University of Virginia. B~. Archaeology, University of Virginia. RESEARCH INTERESTS Historical archaeology, African-American culture and the African Diaspora, seventeenth-, eighteenth- and nineteenth-century American material culture and architecture, public archaeology, and gender theory and the archaeology of gender. Interests also include the rise of social and political complexity and craft production, in the American Southwest during the Protohistoric Period (A.D.1450-1700). FELLOWSHIPS AND AWARDS 2000 Recipient of The Society for Historical Archaeology's Student Paper Prize Awarded for paper entitled: "Building Tensions: Architecture and Slavery at The Hermitage." 1995-1998 National Sdence Foundation Graduate Research Fellowship. Three year graduate fellowship for the study of anthropology/archaeology. 1994 University of Virginia's Dean's Award: Outstanding Achievement in Archaeological Studies. 1994 Graduated with Highest Distinction from The University of Virginia. EMPLOYMENT 2000-present 1999-2000 1998-1999 1997 (summer) 1996 (summer) 1995 (summer) Project Manager, Digital Archaeological Archive of Chesapeake Slavery, Department of Archaeology, Monticello. Acting Director of Archaeology, The Hermitage, Home of Andrew Jackson, Hermitage, TN. Research Archaeologist, The Hermitage, Home of Andrew Jackson, Hermitage, TN. Archaeology Co-Director, The Hermitage, Home of Andrew Jackson, Hermitage, TN. Archaeological Field Supervisor, The Hermitage, Home of Andrew Jackson, Hermitage, TN. Assistant Director, Archaeology at Venable Lane: The Foster Homesite. University of Virginia, Charlottesw/lle, VA. 1994 (summer) Lab Director, ArChaeology at Venable Lane: The Foster Home.sim, University V'nginia, Charlottesville, VA. PUBLICATIONS in prep. (Edited with Amy L. Young) En~'tdoirtgAfi4can-AmericanArdma~. University of Tennessee Press, Knomnlle, TN. in prep. _tesi .g~g _W. omen:.- Social Networks and the Occupation of Seamstress at The . ~ermttage Plantation, Hermitage Tennessee. In Eng~fo~African.~ A~, edited by Amy L. Young and Jflliart E. ~alle Ux~iv~rsity of Tennessee Press, KnoXville, TN. 2001 of. ~ T_ _~. ~ : S~aoe_and Society in An~ Termessee. Lisa olbert. Univeraty of North Carolina Press, Chapel Hill, 1999. Vemaadar A~ NevyJet~, 86(1): 23-25. 2O00 (with Larry McKee) Scientific Creativity and Creative Science: Looking at the Future Archaeological Storytelling. In HistoricalArdaa~logy, 34(2): 14-16. 2000 Review of Lea~ Th/ngs: MetJ~and Theory ofMater/d Cu/ture &Mis. W. David IGngery, editOr. Smithsonian Institution Press, Washington, D.C., 1998. H/swr/ca/ archaa~, 34(2): 120-121. 1999 Haute Couture: Cotton, Class, and Culture Change in the Protohistoric Southwest. ~andA~ ~, edited by Nancy L. Wicker and Bettina Arnold, pp. 125-131. Archaeopress (British Archaeological Reports, Intemational Series), Oxford. SELECTED RECENT PRESENTATIONS 2001 The Digital Archaeological Archive of Chesapeake Slavery and Intemet T. echnolog~es' (with' Fraser Neiman).. Paper presented,, in the symposium "What can dmeron/c~ do for Amerkan Archam~?, sponsored by the SAA Publicauons Committee, at the Annual Meeting of the Society for American Archaeology, New Orleans. Toward regional consensus: The Digital Archaeological Archive of Chesapeake Slavery (with Fraser Neiman). Paper presented at the Annual Meeting of the Society for Historical Archaeology, Long Beach. 2000 The 1999 Excavation Season at the First Hermitage Ske, The Hermitage. Paper presented at the Current Research in Tennessee Archaeology Meeting, January 21- 22, 2000, Nashville, TN. 2000 Building Tensions: Archkecttwe and Slavery at The Hermitage. Presented at the Society for Historical Archaeology Annual Conference, January 8, 2000, Quebec City, Canada. Recipient of The Society for Historical Archaeology~s Student Paper Prize. 1999 1998 1998 1997 1996 1995 1995 Recent Excavations at the First Hermitage, Davidson County, Tennessee. (with Larry McKee). Paper presented at the Current Research in TenneSSee Archaeology Meeting, January 22-23, 1999, Nashville, TN. The Fabric of the Southwese Cotton Cultivation and Gender Interactions in the Protohistoric Southwest. Presented at The Fifth Annual Conference on Gender and Archaeology, OctOber 10-12 1998, Milwaukee, WI. Designing Women: Social Networks and the Occupation of Seamstress at The Hermitage Plantation, Hermitage Tennessee. Invited partidpant inthe entitled: Engendm'ing Afl'ican-American Archaeology. preSent~M at ~the Sodety for Hitstorical Archaeology Annual Conference, January 8, 1998, Atlanta, GA. Current Archaeological Research at The Hermitage Plantati9n, Hermitage Tennessee. Invited lecturer. Hereford College, University of Virl~aia, April 21, 1997. Each a Mighty Voice" panelist, Albemarle County Historical Society Annual Meeting, February 25, 1996. Spoke on the Archaeology at_Venable Lane project. Participated in a disCUSsion onthe history of the African-American community in Charlottesville, VA. Haute Couture: Cotton, Class, and Culture Change in the Protohistoric Southwest. Presented at the Society for American Archaeology Annual Conference, May 1995, Minneapolis, Mlq. Archaeological A_nab]sis of Gentrification: Turn of the Century Charlottesville, Virginia. (with Benjamin Ford and M. Drake Patten. Presented at the Sodety for Historical Archaeology Annual COnference, January 4-8, 1995,.Washington D.C. Archaeological 1998-1999 1997 (summer) Field Experience Research Archaeologist, The Hermitage, Home of Andrew Jackson, Hermitage, TN. Responsibilities included supervising excavations, full Site recording,, including all notes, maps, and photographs, teaching students and Earthwatch volunteers, and collabOrating on public education programs. Archaeology Co-Director, The Hermitage, Home of Andrew Jackson, Hermitage, TN. Designed, directed, and supervised the excavation of aduplex dwelling for enslaved families. Responsibilities included the full recording of the site, teaching students and volunteers, and public interpretation. 1996 (summer) 1995 (summer) ArchaeOlogical Field SUperv/sor, The Hermitage, Home of Andrew Jackson, Hermitage, TN. Supervised the excavation of a dwelling for enslaved families. Responsibilities included teaching fidd techniques and archaeological research methods to undergraduate and lower-level graduate students. Assistant Director, Archaeology at Venable Lane: The Foster Homesite. University of Vir~nia, Charlotteswille, VA. Developed curriculum for an undergraduate college course that included archaeological field methods and the theoretical issues of race, class, and gender in nineteenth-centmy America. Responsibilities included teaching 1994 (fa) 1994 (summer) 1994 (spring) 1993 (summer) 1993 (spring) 1992 (fall). 1991 (summer) 1989-1993 two field school sessions, working with UVA's high school Summer Enrichment Program, conducting lab work and excavations relating to free Black and working class communities in Charlottesville. Archaeological Survey, Aidone, Sicily. Archaeological surveyor on a University of V~nginia project focused on the Greek site of Morgantlna. Lab Director, Archaeology at Venable Lane: The Foster Homesite, Univers~ of Virginia, Charlottesville, VA. Responsibilities included teaching archaeology lab methods, nineteenth-century material culture, and collections managemen{. Lab Assistant, Monticello Archaeology Department, Charlottesville, VA. Intem in Historical Archaeology at The Hermitage, Home of Andrew Jackson, Hermitage, TN. Research Intern, Thomas Jefferson's Poplar Forest, Lynchburg, VA. Lab Intern, Monticello Archaeology Department, Charlottesville, VA. 1992. Seventh Annual Monticello-University of Vir~a Archaeological Field School, Charlotteswille, VA. Contract Archaeologist for the Maine Historic Preservation Commission Augusta, ME. Professional Memberships Society for Historical Archaeology, Society for American Archaeology, The Vernacular Architecture Forum, Organization of American Historians. County of Albemarle Office of Board of County Supe.wlsors 401Mclatlre Road CJ~a.rlottes~e, VA 22902-4596 (804) 296-5843 APPLICA~ON TO SEKVE ON BoARD/cOMMISSiON/COMMiTtEE B oard/Commission/Commim:e Applicant's Name Full Nome Address (Please type or print.) ¢l sT0 tc Magisterial Dis:nc in wkic~ your ~ome residence is located PlOkfflC. Ct.i..o, R'"i"e.. 53 P. 0- 6o'~: .g$6,. (wttr~co-r'r~V~CC~, V~l 72. qo2._ Business Address Occupation/Tide Years Resident ~ ,~dbemade Cotm~/ Previous Residence ,SAM ,J'O~g Date of Employment NO\/', i qqq Spouse's Name -TO ~5% C~-. C~"/ Number of Ckildren ~- Education (Degrees md Graduation Dates) W^sr'{lt0C.-T0~o Ct U6rc .()kltO. iq6'2_ Memberskips in Fraternal, Business, Church md/or Social Groups ~ATtS'~t~t.i_E~ [-{I<3TO1Z~ CfiL .C, OC(£'t"f/ VllZCt~J( Public, Civic and Charirnhte O~ce and/or Other Activities or Interests Reason(s) for Wishing: to Serve on this Board./Commission/Co~tte~ %e ~a~on prodded on ~s app~cadon ~ be tale=ed to ~e pubic u=on re~ue~ Silage Dare Remm to: Cl~k, Board of Coun~ Sup~isors ~b~ie Counm 401 Mcint~e Road Ch~[o~e~i~e, VA 22902-4596 County of Albemarle Office of Board of County Supervisors 401 Mclntire Road Charlottesville, VA 22902-4596 (804) 296-58¢3 APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITtEE (Please type or pant) Board/Commission/Committee Applicanes Name ~4 Full Home Address ~ ~ tO~ O ~ t53 Magisterial District in which your home residence is located Employer ~bk, O ~ I'L ,C~ Business Address PO~/ '_~ I (~:, Occupation/Tide J[A&I~~ Yem Re,dent ~ ~be~e C~, Pre~ous Residenc~ ~~ Education ~e~ees and Graduation :Dates) Date of Employment Spouse's Name 1~ 1/4' Number of Children , Memberships ia Fraternal. Business. Church and/or Social Group~ Public. Civic and Charitable Office and/or Other Activities or Interests Reason(s) for Wishing to Senne on this Board/Commi.~$ion/Committee ~J~ [5~tt.X~¢C~ [qF' 1~ i la.~>o,~fP, Ol''~ The information provided on this application will be released to the public upon request, Signature U Date Remm to: Clerk, Board of County Supervisors Albemarle County 401 Mclntire Road Charlottesville, VA 229024596 F~X~ 0O4) 296480O 08-20-01 A08:03 IN BETSY GOHDES-BATEN (804) 293-5552 3508 Wedgewood Court, Keswick, Virginia 22947 PROFESSIONAL EDUCATION AND TRAINING: o.University of North Carolina, Chapel Hill, NC, Master of Regional Planning, Focus: Housing And Community Development, 1996 (no GPAs), Work includes: Planning for Historic Preservation, History of North Carolina Architecture, Urban Spatial Structures, Urban Revitalization, Urban Design Theory, Community Development, Housing Iaw, Housing Poticy Analysis, Housing and Real Estate Investment Analysis, Cost-Benefit Analysis, Accounting, Economics, Statistics, Demographics, Nonprofit Management * Planning Internship: City of Charlottesville, VA, May-August, 1995. * Community Development Class Project East Market Street Revitalization Plan, Greensboro, NC, Winner, NCAPA Graduate Project Award, 1997. . University of Vermont, Burlington, VT, Master of Science in Historic Preservation, 1993 (GPA 3.5/4.0). Work includes: Architectural History, Architectural ConServation, Historic Preservation Policy, Historic Preservation l_aw, Economic Incentives for Historic Preservation, National Re~ster I~racticura, Architectural Survey Methodology * Preservation/Conservation Internship: Shelburne Museum, Shelburne, VT, June-September, 1992. ° Pratt Institute, Brooklyn, NY, 30 hours of graduate work in Communications Design, t973-74. · University of North Carolina, Chapel Hill, NC, Master of Arts in College Teaching, Focus: Fine Artsand Art History, 1972. · Duke University, Durham, NC, Bachelor of Arts, Major, Botany, Minor, Geology, 1965. CURRENT EMLOYMENT: · Museum Educator and Associate Interpreter, Monticello, Charlottesville, VA, 1 / 2001 to present ADDITIONAL PROFESSIONAL EXPERIENCE: Qualifications meet or exceed'the Secretary of the Interior's requirements for Architectural Historian as published in the Code of Federal Regulations 36 Part 61 National Register Nominations: Holden-Roberts Farm, Hillsborough, NC, completed July 2001. John Evander Phillips Home, Cameron,-NC, completed M~ch 2000. City Place Historic District, Durham, NC, completed August 1999. Thomas' Sheppard Farm, Stokes~ NC, completec~ May 1999. Greenville, NC Tobacco Warehouse Historic District (Boundary Increase), Greenville, NC, completed March, 1999. Greenville, NC Tobacco Warehouse Historic District, Greenville, NC, completed March, 1997. Monumental-Bronzes in Charlottesville, VA (MPD)~ Charlottesville, VA, completec~ April, t996. Lewis and Clark Sculpture by Charles Keck, Charlottesville, VA, completed April, 1996. Stonewall Jackson Sculpture by Charles Keck,-Charlottesville, VA, completed April, t996. George Rogers Clark Sculpture by Robert Aitken, Charlottesville, VA, completed April, 1996. Robert E. Lee Sculpture by Leo LenteHi, Charlottesville, VA, completed Apr,, t996. Charlottesville and Albemarle County Courthouse, amended to include Confederate Memorial, Charlottesville, VA, completed September 1995. BETSY GOHDES-BATEN page 2 Old Chapel Hilt Cemetery, as- employee of LoRgteaf Historic Resources, Chapel Hilt, NC, completed December 1993. Jacob Jackson Farm/~aple Hilt, Orange Co.,-NC, completed October t993. Burtch-Udall-Cowdrey-Boyd Farm, with Elsa Gilbertson and John Dumville, Vermont Historic Site, Hartford (Q~eehee), VT, completed March 1993. East Bethel Pony Truss Bridge, Bethel, VT, completed November 1992. Landmark Designations: Pattie Elizabeth Kearney House, Greenville, NC, completed October 1994. Alfred M. Moseley House, Greenville, NC, completed October 1994. Tax Credit Certifications: Evaluation of Significance for.. Hicks and Toms Warehouses, Cooper Warehouse, Liggett and Myers Power House, Flowers Warehouse, Ctien~. Blue Devil Ventures, Durham, .NC, completed 'March 1, t997. John Evander Phillips House, Client: Dianne Taylor-Webb, Southern Pines, NC, completed October 15, 1999. Evaluation of Significance and Description of Rehabilitation ~ Gorman Warehouse Client: The Hammock Source, Greenville, NC, completed September t0, t999. Request for Certification of Completed Rehabilitation for: American Tobacco Company Storage Warehouse #2 Client: The Hammock Source, Greenville, NC, completed September I0, 1999. Surveys of Cultural Resources: · Survey of Historic Structures on South Alston Avenue, City of Durham, NC, completed May 1995. Documented and photographed 22 kate-nineteenth-and early-twentieth-century structures for the Durham City/County Architectural Inventory. · Survey of Historic Resources at Few's Ford, Orange Co., NC, completed April t994. Documented and photographed 16 eighteenth-, nineteenth-, and early-twentieth-century structures and sites for the Eno River Association, Durham, NC. · Section 106 survey of Historic Resources in the Global TransPark Impact Area, Lenoir Co., NC, completed July 1993. Assisted in documenting 62 properties as employee of Longleaf Historic Resources, for Kimley- Horn and Associates, Engineers, Raleigh, NC. · Survey of Historic Resources in Georgia Center, Vermont, Franklin Co., VT, completed February 1992. Team project documented 25 eighteenth-and nineteenth-century structures for a Kellogg Foundation-funded project and created innovative computer database to display survey. BETSY GOHDES-BATEN page 3 Architectural Conservation Studies: * Documentation and Conservation analysis of historic wallpapers from the Willmarth Homestead, Addison Co., VT~ completed October I992. . Conservation'assessment of the Horseshoe Barn and the Horseshoe Barn Annex, and the effects of climate changes on the Horse-Drawn Vehicle collection, for the Shelburne Museum, Shelburne, VT, completed September 1992. · Conservation assessment of the Colchester Reef Lighthouse, for the Shelburne Museum, Shelburne, VT, completed June 1992. Professional Publications: · Bull Durham and Beyond II, Revision of a popular guide to the historic buildings and districts of Durham, NC, for the Historic Preservation Society of Durham, completed November 1994, in press. · "Neighborhood Profile:. Duke Forest," with Clarence Gohdes, Overview of Duke University's early-twentieth-century faculty neighborhoods, published in Historic Preservation, Historic Preservation Society of Durham, Vol. 19, No. 1, Fall 1993. · The Old Santa Fe Association-Guardian of Santa Fe's Future, Illustrated brochure describing the Old Santa Fe Association, published, Santa Fe, 1989. Additional Experience:: · Teaching Assistant, American History, University of Vermont, Burlington, VT, 1992-93. · Ceramist, Photographer, and Graphic Designer, Santa Fe, NM, 1980-90. · Photography Instructor, Piedmont Virginia Community College, Charlottesville, VA, 1975-77. · Research Assistant, Institute for Parapsychology, Durham, NC, 1968-69. · Secretary, Joan Baez, Folksinger, Carmel Valley, CA, 1966-68. Community Activities: · Member, Historic PreServation ~ommission of Durham, NC, 1993-96. · Member, Historic Design Review Board of Santa Fe, NM, 1987-90. · Officer and Board Member, Old Santa Fe Association, Santa Fe, NM, 1986-9 Computer Skills: Macintosh and PC Adobe Photoshop Adobe PageMaker Claris CAD Excel MacDraw Pro Filevision MacWrite Pro GIS-Arc / Info Microsoft Word SAS (statistics software) County of Albemarle Office of Board of County SUlx~dso~s 401 Mclatire Road Charlottesvt~Ie, VA 22902-4596 (8O4) 296-5843 APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITTEE (Please type or print.) Boaxcl/Commi~sion/Gommletee ~t '~'~"!r___ zJ~.r~.~ r~t,~7~ n ~-omrn , Bus.ess Retumm: Clerk, Board of County Supervisors Albemarle County 40! McIntire Road Charlottesville, VA 22902-4~96 ~am (8o4) O~r WILLIAM L. GORDON 522 Pebble Hill Court Charlottesville, VA 22903 August 16, 2001 Board of County Supervisors County Office Building 401McIntire Road Charlottesville, VA 22902-4596 Re: Historic Preservation Committee Dear County Supervisors: Enclosed is my application for the Historic Preservation Committee. I've lived in Albemarle County only since the first of July, however my wife and I are sincere history buffs. I love early American political history and my wife is into genealogy and has a broad correspondence with Virginians on the Internet. My expertise in the areas mentioned in your advertisement is limited but I've worked with state archivists, county planning commission personnel, and members of the Greenville County Council to promote the South Carolina mandated Comprehensive Plan which included a county Historic Preservation Ordinance. As Chairman I worked with other members of the commission, local historians and members of various county offices to make the Ordinance happen over a period of three years. This included remodeling the commission's committees. I'm enclosing the brochure we developed as our main communication's tool for your perusal. I look forward to hearing from you. Sincerely~ William L. Gordon 804-984-1597 08-20-0~ ~.05:03 IN The purpose of the Greenville County Historic Preservation Commission shall be as follows: · To protect, preserve and enhance the distinctive architectural and cultural heritage of Greenville County. · To promote the educational, cultural, economic and ~general welfare of the people of Greenville County. · To foster civic pride. · To ensure harmonious, orderly and efficient growth and development of Greenville County. · To strengthen the local economy. · To improve property values. Ir is the hope of Greenville County that by encouraging a general harmony of style, form, proportion and material between buildings of historic design and those contemporary design, the County's historic buildings and historic districts will continue to be a distinctive aspect of the County and will serve as visible reminders of the significant historical and cultural heritage of Greenville County and the State of South Carolina. A · mou ~0[~-~9~ llVD '£vp? ~,uo(7 · uo.~Ivaaasa,~cIa.~.to~qq .tOfVl~,F .~no£ uo S.~ DdHDD v?.~m£a~unoD '.oqutauta~f · dpq m ~ajjo lipa saapmuasaado~ ano mg~g pug DclHDD aq~ jo p~golit ilnj aq~ Xq ~aa!xa~ aoj uopeo!iddg anoX a~gda~d m paau ii?oX ,iia~a auaunaad Xug noX qa? ano >paqo m pug Xaaodoad anoX aaao 31ooI m paau i[?a }va.tqa[ · a>i!I noXj! ano :~! 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' Magisterial Disrdcr in which your home residence is located Business Address :g &~ Phone Occupation/Tide o u,.noi, r- Years Resident in Albemarle Courtty / y Previous Residence _s'$'<f~"~/¢~'~y-/~ Lo. ~-r4 =w&-/'~-- Education (Degrees and Graduation Dares) Memberships in Fraternal, Business, Church and/or Social Groups ~-- Dare o f Emp[o.wnent / ~,"~ Spouse's Name ,3 oclq Number of Children :X P=b~ic, Ci~c and Ch~=bte Omce Reason(s) for Wis~g ~o Sewe on ~s Bo~Co~ssion/Co~=ee ~e bfo~adoa pro~ed on ~s appEcadon ~ be rele~ed to ~e pubEc upon Return to: Clerk, Board of County Supervisors Albemarle County 401 Mcintire Road Charlottesville, VA 22902-4596 County of Albemarle 09-04~01 A08:33 IN Office of Board of G:runty Supervisors 401 McIatire Road Charlo~e, VA 22902-4596 (804) 296-5843 APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITTEE (Please type or print.) AppEcant'sName~f{'[f[~ ~' V%['~OA-~ HomePhone ..... "-'~ '"' ~'~'~ '-- '72 V5 Years Resident in Albemart? Couatv ~ Spouse's Name/'/~-X~ ~ Ea=ca~io~ COe:ees ma C~aa=~ton D~s) 7~ ~ Z-cZ Memberships in_Fraremak Business, Churcb. and,~or Social Groups ~-~V' hO -;~,2~,~ ~:~ .,.e~3~ eKo_~, .- ' - ~ ' - .... _" ., PufF:, c~,~. ~. ~C.~O~e Or~,i~S~a/~k~r.~:¢~ o~ ~r? ~'~/q £tO'-re~. ,- ~4.z~'a . . ~eason¢l .rot w~s..~am§ .~o,,'oesve on this, .Board7C?m~s~6n/Commkt? _ , n~e -- on provmec~ qn rm.s apl~acauon wm oe. reteas,ect~o rn.e pumtc upon. request.. ~' Return to: ~e~ Bar~~~o unty S up ervis o r s, ~-~"~_ - '~ F.~' ¢C45 996-58C0 t-- County of Albemarle Office of Board of County Supervisors 401 Mclnfire Road Charlottesville, VA 22902-4596 (804) 296-5843 APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITTEE (Please type or print.) Board/Commission/Committee :Hist0ri~ ~s~ati°n-C~mrnittee' Applicant's Name Robert McGinnis; REA' Full Home Address 27i0 Eton Road, Charlottesville, Virginia 22903 Home Phone 434-295,1520 Magisterial District in which your home residence is located City of Charlottesville Employer OCULUS Business Address 609 East Market Street, Suite 110, Charlottesville, V'rrgiuia 22902 Phone 434-979-1617 Occupation/Tide Historical Landscape Architect, Principal Date of Employment Years Resident in Albemarle County 1 Spouse's Name JanetLee King Previous Residence Alexandria, Virginia Number of Children Education (De~ees and Graduation Dates) Master of Landscape Architecture 1987 University of Virginia Master of Fine Arts 1982 California Institute of the Arts; Bachelor of Fine Arts 1978 James Madison University 8/1/1993 None Memberships in Fraternal, Business. Church and/or Social Groups Alliance for Historic Landscape Preservation Virginia Association of Museums. National Association for Olmsted Parks Public, Civic and Charitable Office and/or Other Activities or Interests Appointed to Oov. Allen's Virginia History Initiative Past President of the Virginia Chapter of the American Society of Landscape Architects, Appointed to 1996 Virginia Outdoors Plan Tech. Advisory Committee Reason(s) for Wishing to Serve on this Board/Commission/Committee I want to contribute to the preservation of the community's historic values through the application of my knowledge of cultural landscape preservation to the programs and mission of the committee. The information provided on ti-tis application will be released to the public upon request. Sign~ Dare 9/14/2001 Return to: Clerk, Board of County Supervisors Albemarle County 401 Mclntire Road Charlottesville, VA 22902-4596 FAX: (804) 296-5800 OCULUS landscape Qrchitecture · urban design · historic preservation September 18, 2001 Clerk, Board of County Supervisors County of Albemarle 401 Mclntire Road Charlottesville, Virginia 22902 Attn: Clerk, Board of County Supervisors Re: Application for Membership on the Historic Preservation Committee Dear Supervisors: Thank you for the opportunity to submit my application and to present my qualifications. I have attached a completed application for membership on the Historic Preservation Committee for your review and consideration. In addition, I have outlined below my qualifications as they relate to the Committee's mission. After several years of participating in historic preservation-related initiatives at a national and state level, I have decided that it is time to contribute to the community where I work, live, and play. I have extensive experience in the areas of historic preservation and cultural landscape research, analysis, and planning, and believe that my knowledge and energy could substantially benefit the Historic Preservation Committee, County staff, and the citizens of the County and region. Currently, I am the principal-in-charge of the Charlottesville, Virginia, office of OCULUS a landscape architecture, planning, urban design, and historic preservation firm with additional offices in Washington, DC, and Sydney, Australia. I am a licensed landscape architect and award- winning designer with over eighteen years of planning, design, and historic preservation experience. I have managed and designed projects located throughout the United States ranging in scale from a new cloister garden for the historic Christ Church Cathedral in Louisville, Kentucky, to the preservation of the historic developed areas of Grand Canyon National Park. My practice focuses on historical parks and museums, open space systems and rural areas, and historic landscapes. My historic landscape experience ranges from the planning of heritage areas to the preservation of over 75 Civil War battlefields and fortifications to the planning, design, and construction of public historical parks throughout the United States. As a past-President of the Virginia Chapter of the American Society of Landscape Architects and a practicing landscape architect, I have had the opportunity to serve on several Virginia state agency committees including the Virginia Department of Conservation and Recreation's 1996 Virginia Outdoors Plan Technical Advisory Committee and the Virginia Department of Historic Resources' Virginia History Initiative. As a volunteer reviewer I have supported the development of Albemarle County's initial design guidelines for entrance corridors and the adoption of elements of the Chesapeake Bay Act. And, though I have not practiced in the County for a number of years, I have substantial past rezoning, subdivision, and site planning experience in the County. My educational background and experience includes receiving a Master of Landscape Architecture degree from the University of Virginia and specialization in environmental art while at Califomia Institute of the Arts where I received a Master of Fine Arts degree. I have taught site planning and professional practice in the School of Architecture at the University of Virginia and design in the School of Fine Arts at James Madison University. Wa s n ~ g* o n DC C n a r o-'e sv i I e. VA S v a n e y A u S t -a'' a 609 E. Market Street, Suite 1 t0 Charlottesville, Virginia 22902 P 804-979-1617 F 804-979-3645 My relevant areas of expertise include: Historic Preservation Through my practice and my involvement with Virginia state agency projects and initiatives I have gained substantial broad-ba~ed knowledge of the various aspects of historic preservation relating to economic development, community development, tourism, and education. As a part of my professional experience I have developed knowledge of federal and Virginia laws, compliance and governmental review of projects, and the processes and standards establi shed by the US Department of the Interior, the National Register of Historic Places, the Advisory Council on Historic Preservation, and the Virginia Department of Historic Resources. Historical Landscape Architecture For several years I have been assisting public agencies, local governments, private clients, and foundations in documentation, analysis, planning, design, and construction involving a wide variety of historic designed, vernacular, and ethnographic sites and landscapes throughout the US. Landscape History and Research Many of my firm's projects involve research of the physical history of landscapes including National Register-level documentation and evaluations. I have managed research projects and developed portions of landscape histories for a wide variety of landscapes throughout Virginia. GIS and Preservation Planning I have designed project documentation and inventory standards and procedures as part of larger County and government agency resource management systems, some involving tax map parcel database information. These efforts included large scale land areas such as Civil War battlefields and county-wide cultural resource inventories. Heritage Tourism As a historical landscape architect and cultural landscape specialist I have collaborated on teams that developed heritage area plans for the eight county Shenandoah Valley Battlefields National Historic District, the Battle of Perryville (Kentucky) heritage area, and the Nicodemus Township African- American settlement in Kansas. My special contribution to heritage area projects is the identification of cultural landscapes and discrete historic landscape resources and 'the development of strategies for preservation of landscape resources in support of interpretive and tourism objectives. Albemarle County History and Resources Though I have focused my practice on providing services throughout the US, I have had some limited professional experience involving the County's historic landscapes. While working for a local preservation firm--Land and Community Associates--I was exposed to the firm's local projects including the Monticello Viewshed Analysis and Protection Strategy and the Southwest Mountains Historic District study. More recently, I gained additional local history knowledge while assisting local landowners in their efforts to protect their historic estate abutting the Ivy Landfill. Archaeological Inventories and Investigations I have extensive experience working with both prehistoric and historical archaeologists on mral agricultural and settlement landscapes throughout Virginia. I have an extensive track record integrating archaeological inventories and investigations with cultural landscape documentation projects. 0 C U L U S Again, thank you for the opportunity to apply for membership on the Historic Preservation Committee. Should you have any questions, please do not hesitate to contact me at my office at 979-1617. I look forward to hearing from you soon. Thank you for your time and consideration. Sincerely, Rob McGinnis, RLA Principal Attachment 0 C U L U S County of Albemarle Office ofBoant o£Coumy Supe~ots 401' Mel. ti~ Road Char!ottesvRIe, VA 9~-902-4596 (804) 2905843 APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITrF. F. (Please type or print.) ApplicanesName ~t~f,t-~ 7. ~,c Home Phone Full Home Ad&ess Magisterial District in which your home residence is located Employer Business Ad&ess Phone Occupation/Tide ~/, t Years Resident in Albemarle County Previous Residence d & ~ Education .(De~ees and Grachmfion Dates) Date of Employment eq 1~ ~ Spouse's Name C a..~. ~ Number of Chil&en ~ Memberships in Fraternal: Business. Church and/or Sodal Groups ~-. z' ~ ___x-% - -'.-.' :dc Public. Civ/c and Cha6tahle Office and/or Other Activities or Interests ~ _a_~_~,~ .~ ..... I Reason(s) for Wishing to Serve on this Board/ Commission/ Commirteo e inform~6cation ~ill be released ~o thepublic upon ~qmst. Signature~O Date Return to: Clerk, Board of County Supervisors Albemarle County 401 Mclntire Road Charlottesville, VA 22902-4596 FAX: (804) 296-5800 PLEASE RESTRICT ANY A TTACHMENTS TO ONE PAGE County of Albemaxle Office of Board of County Supervisors 401 McLntire Road Charlottesville, VA 22902-4596 (804) 296-5843 APPLICATIONTO SERVE ONBOARD/COM1V[ISSION/COMMITTEE (Pleasetypeorpriut.) MagisteriatDistrictinwhichyourhome residenceis located i~!i i i!~i i?iii!iii?i~!;ii!i!iiii~ii~iii?ii!iiiiiiii;i;i 5:';iii:~;~:;iil;~;-~::::'~::ili:iil Employer ilg~i~d?:;ii~ii::~iiiii} !iil.iii:iiii ~: ............................ : Phone ~34~286~73!6i)i}ili: Business Address i~}~iii~ig~ii~i;~ ~ ~i)!!:??iiiiiii :iiii!ii!iii%iii?!i:;i;?: :'i i:i i:i?:; i i!ili;::ii:i;ii~i ........... .. '::;:::ii:~::: ' '::. Previous Residence 50tI0::~iRi~i~0z~:rcA:'22~3~: .:: :~i'ii::::i ......... Number of Children Memberships in Fraternal. Business. Church md/or Social Groupn ~iM~hams;A~i~iaffOi~:'Se0ff~6~h~; ~a~le; i Public. Civic md Charitable Office md/or Other Am/v/ties or Interests ~~hn{~i~i~i~:ii~6~i~s~a~l/ancI. . : The in~ this application will be rdeased to the public upon request. .......... ili?:"8~1~20¢11. !!i~ ......... Signature Date Return to: Clerk, Board of County Supervisors Albemarle County 401 McIntire Road Charlottesville, VA 22902-4596 FAX: (804) 296-5800 08-27-0] AIO:03 IN 09/12/01 WED 07:16 FAX 8048725285 EAST !~ ~002 County of Albemarle Board/Commission~ Applicant's Name Full Home Address 401Ye. tufim Road 22902-4596 APPLICATION TO SERVE ON BOARD/COMblISSIONICO~EE (PI~ ty~ or print) Home Phone Cq'~..~ ':r~5'- ~'~7.- Magisterial District in wkich your home residence is located Employer ."~'~,,,,.~ T'~..,. I~.,,,,~,.,,.,e.~ C,..~. Business Address 15mO Occupation/Tide .t4~ ~, ~u:.~.,,~'~--.,. Years Resident in Albemarle County Date of Empbyment Spore's Name Previous Residence z,r,.~-~ ~,,-,.~t ,~ Ck'~,.v. (t"z,~') Number of Children ! E4ucadon (D,e§rees and Graduation Dates) Memberships in Fraternal, Business, Church and/or Soda1 Groups DabEc, CMc md Charitable Office md/or .Otb. er A ,c;ivitles or Interesr. s~ ~t~--.~ .%,~¢,,,, ..Crt=~o.t, ~ ,.,,~,e, ~--t',~,.t'' Reason(s) for Wishing to Serve on d%is Board/Com_mlssion/Com_m&ze~ -~ ~,,... Tke information pro~d on ~s app~adon ~ bc retched to ~e pubEc upon Silage Date R et'ku-~l Clerk, Board of County Supervisors ,adbemarle County. 40t Mclntire Road County of Albemarle "-'~J-~ APPLICATION TO SERVE ON BOARD/COMMISSION/COMblI~ (Please type or: print.) Bo ./Co= ' ssm/Com e c- Full Home Address 2 55° ~i-w%(['~IA) Home Phone Magiswrial District in which your home residence is located SusinessAddress "~O~.,\~t.~ ~; o/ Occupation/Title CO ~? O~.~ ~f ~Ue~t~ Years Refid~t ~ ~e Coun~ ~ [ ~ 1 Date of Employment Spouse's Name ~-~%~ ~ Previous Residence ~.~'~f;~ 0[[[~. [~'7%] '~'/3- 7~ }~7~-1~O Nmber of C~&en Edvc~fion ~e~es and Gradmfion D~tes) ~,A. - ~gD - ~iq ~ Mem~ps ~ Frat~.l Bugincs$, Chnrch md/or So~ Groups PubUc. Ci~c and ChafiUUe Omce and/or O~er Ack'ties or In.resin - 5 ~ ~~ - ~ ~ ~e ~fomfioa pro~o~ ~appEcafion ~I be rdeased m ~e pubic upon request. Si~ Dam ... Return to: Cletk~ Board of County Supetvi$om Albemarle County 401 Mclntize Road Charlottesville, VA 229024596 Faro (8o4) 206-5800 09-17-01 A09:45 N Robert Wayne Vernon Born: 31 May 1948; Danville, VA Married: Aug 1977 Carol Breazeal; 2 children: Elizabeth (17), Lydia (15) Work Experience 1966-1970 - student, Univ of Virginia, B.A. History, May 1970 1970-1973 - Peace Corps trainee and volunteer; lived in Venezuela 197Z-73 1973 - staff Community Attention Home, Charlottesville, VA; Alderman Lib. 1973-1977 - grad student, Univ of Virginia, M.A. Anthropology, Aug 1976 1977-Z979- staff archaeologist, Minnesota Historical Sodety, Minneapolis 1979 - archaeologist, Point of Honor, Lynchburg, VA 1980-~988 - computer specialist, ~ National Radio Astronomy Observatory 1988-2001 - computer specialist, National Ground :Intelligence Center Publications (available upon request) 1976-1979 - various papers on archaeology and demographic history of Shenandoah National Park 1978-1979 - 2 articles of gunflints in The Minnesota Archaeologist;, 2 vol report of fieldwork in various Minnesota State Parks 1979 - 2 vol report with Chuck Troup on excavations at Point of Honor 1980-2001 - various papers on Virginia history including a report on the location of Jefferson's Mound; How Land was Granted in Co/on/a/ Virginia; and 1868 Tribal Roll of Hattaponi Tndians !nterests technical support of GTS software (ArcView) at NGTC computer programming and Tnternet webs/re development - mapping colonial land grants and historic tracts; presentations before Planning Board on Milton and Board of Supervisors on Free State Native American and African American history in Virginia Statement ! can bring a variety of technical skills to the Historic Preservation Board that would constitute an important resource for the analysis and evaluation of historic resources in Albemarle County. ! have platted most of the land grants in the northern part of Albemarle and in presentations before county commissions have demonstrated the relevance of this information to planners. T am very adept at using computers to organize and accurately display land surveys. ! have extensive archaeological fieldwork- experience and managed a large survey project for the Minnesota Historical Society. For the last 6 years ! have worked closely with the Carter G. Woodson !nstitute at the University of Virginia on historical research of African American communities and individuals in Albemarle County. A copy of my manuscript on Albemarle's free black residents is available in Shelby Marshall's office. ! have over 25 years experience doing regional and county historical research that is relevant to the evaluation of historic resources. ! am intimately familiar with the primary and secondary sources that are used for historical research. This work is a vocational challenge that ! truly enjoy and constitutes a practical application of my professional computer skills. County of Albemarle Office of Board of County Supervisors 401 Mclntim Road Charlottesville, VA 229024596 (804) 296-5843 APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITI'EE (l'lea,e type or print) Board/Commission/Committee ?/'/_S FOI2/L /9(g~YE~6'//7'~am/ ~ MAt ! .77'. '~ ~ppncanes Name ~TO,qO~ ~. FullHomeAddress /0 ~)O ~.t, qoaO [~./¢~ C .t,~44ZL~ .~.£ ~ V'! I.A~ , Magisterial District in which your home residence is locate~]~'6kX<~~0 ~j Employer R0¥ W/gP~a~- P-J:.~q~7~7, CO, Phone c[7[-f/Oz / BusinessAdckess I [ O0 D O. V. D~,... gruff__ C l{-4o--Lz~T'E3 i4 cl~ t [/,A . Occupation/Title P~J/Oa.7'--&Y~g/C- Pt~o~reT"tv5 RIr, - ~63/ oa//r&grz ~ Date ofEmployment ~/9~ Years Resident in Albemarle County ~(Q Spouse's Name Previous Residence 0~2~ .,, ~)f. Education (Degrees and Graduation Dates) Home Phone Number of Children 0 Memberships in Fraternal. Business, Church and/or Social Group8 dou ayr'rzV cr_._d~ ! Public, Civic and Charitable Office and/or Other Activities or Interests Ctff-~o-/~42 Reason(~) for ~hing tO Se~e on ~s Board/Comssion/Com~e /~ ~ The ~fo~afion prodded on ~s app~cafion ~ be rdeased to &e pubic upon request. Signature Return to: Clerk, Board of County Supervi~om 401Mclntire Road Charlottesville, VA 229024596 VaX: (8O4) 20~-S800 Date 09-13-0 ] ,^09:09 F~_BEI~LE COUNTY Fax :80a-296-5800 Oct 8 '98 14:16 P. 02 County of Albemarle 401 Mclnd~ C~o~llc, VA ~02~596 (8~) 296-5843 APPLI~ON TO SERVE ON BOA~ / CO~ISSION ~I~ ~ or prim) Home Ad~e~ ~f ~a~/.~ ~, ~ ~ M~s~eff~ Dis~ in w~ch yo~ home r~idenc~ is l~d D~ of~plo>~ent ~ ~ - Occup~on / Title Y~ Resident ~ ~bem~c Com~ ~ ~ Previous S~se s~ ~e ~~'Z~ Num~ro~Ch~d~_ Mcm~hip~ ~ ~mte~J.~. ~UrCh ~d/or gO~I Gmu~ ~blic. Civic ~d Cha~mblc O~¢e ~d I or Other Adivi~eS Or Re-~o~.s~ for Desire to Serve on this Board I Commission f Commi~te~ The information providcd on this ~plicafion xs~l b%rdeased to the pu~blic upon request. Signature Return to: ~2]A:rk. BqarA! of County Supervisors t clntlr t~o a Dat~ Management Committee Carol Clarke Chair Sam Craig Treasurer Jane Dittmar Katie Hayes Doug Kingma Dave Phillips Ivo Romenesko Dave Rothwell Frank Stoner Vice Chair Ex-Officio Members Deborah van Eersel Don Wagner Government Affairs Director Bob Watson Administrative Assistant Nancy Stetson Charlottesville Area Legislative Action Coalition April 11,2001 Clerk, Board of County Supervisors Albemarle County 401 Mclntyre Road Charlottesville, Virginia 22902-4596 Dear Ms. Carey, I am enclosing a completed application to seek appointment to the Albemarle County Historic Preservation Committee. Although ! am not a resident of Albemarle County at the present time, I did reside in Forest Lakes for 5 years. The 3 CALAC parmers I represent as Govermnent Affairs Director are headquartered in Albemarle and represent over 2,500 constituents. I have been and continue to be active in County policy development for the past 8 years. You will recall that CALAC spoke in favor of adding the Historic Preservation Plan to the Comprehensive Plan in the fall of 2000. We strongly supported the basic tenets of education and incentives. CALAC's membership enjoys their successes because of the special ambiance of our County and strongly seeks to be a part of preserving its heritage. We believe the Committee should have diversity, and as we examine the priority recommendations, we believe my membership on this committee will help in implementing, through our resources, its goals. I thank you for your consideration and hope the Board of Supervisors will act affirmatively. Very truly yours, Robert F. Watson Government Affairs Director Enclosure RFW/ns 0176 550 Hil sdale Drive, Charlottesville, VA 22901 · Phone (804) 817-2380 · Fax (804) 81 7-2836 · Email: calac@calac.org A coalition of the: Blue Ridge Home Builders Association · Charlottesville Regional Chamber o1' Commerce · Charlottesville Area Association oi: REALTORS® County of Albemarle Office of Boa_-xl of County Supervisors 401 McIn6xe Road Charlottesvflle, VA 22902-4596 (804) 296-5843 APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITTEE [Please type or print.) Previous Residence ::~0~-~l~.f:'f~iP~::i ........ :::::::i:.::i::::::~ :::::::i:}!iliiii i ii::iii:.!i:iiiiiiiiii::iii~ Number of Children 1 .......... .:~::~ .... Education (Degrees and Graduation Dates) B~iE~~i~ii::~i~!~e~f:6~y~i~i~ii~::}iii~:ii~i!iiiiiiiii~i!i~::iiii{ii~!i!iii~iiiii~:iiiiiii!i~:~iii~:iiii::::~:~::ii;:.~i:::~iii~5~i:::~ii!i::: Public, Civic and Charitable Office and/orOtherAcfivifies or Interests Th~on this application will be released to the public upon request. S~]gnature ~ Date Remm to: Clerk. Board of County Supervisors Albemarle County 401 Mclntire Road Charlottesville, VA 22902-4596 FAX: (804) 296-5800 08-17-01 A09:02 IN August 15, 2001 Rob Wilson Application for Historic Preservation Committee I want to serve on this committee because I feel I have much to contribute. I have lived in two historic homes, one in Albemarle and one in Orange and am keenly aware of the challenges of maintaining historic and older homes. My business also puts me in contact with many of our historic homes so I have a real first-hand knowledge of many existing historic resources. My main goal though is to help raise public awareness, to do my part in keeping Albemarle's very valuable historic resources protected for generations to come. Board members I have attached an additional application for the History Preservation Committee. The application was postmarked before our cutoff date, and therefore should be added to those you've already received. Thanks, Laurie David P. Bowerman Rio Lind~ay G. Dorder, Jr. Charlott~ Y. Humphri~ Jack Jouelt COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlotte~ille, Virginia 22902-4596 -(804) 296-5843 FAX {804) 296-5800 Charles S. Martin Walter E Perkins White Hall Sall~ H. Thomas September 24, 2001 Mr. Louis P. Nelson, Ph.D. 700 North Avenue Charlottesville, VA 22901 Dear Mr. Nelson Your completed application form has been received. We appreciate your interest in serving on the Historic Preservation Committee. After the closing date, your application will be distributed to the Board members for their review; for a.magisterial district appointment, your application will be forwarded only to the supervisor of your district. Depending on the position and the number of applicants, the Board will decide whether to interview candidates. If you are selected for an interview, you will be notified approximately one month after the application closing date. Although it is not always possible, due to the Board's meeting schedules, or the schedule of individual members, the Board attempts to schedule interviews within 60 days and to make the actual appointment within 90 days of the application deadline. If you have any questions on the status of your application during that time period, please do not hesitate to call this office. Sincerely, Laurel A. Bentley, C.M.C. Senior Deputy Clerk Printed on recycled paper County of Albemarle Office of Board of County Supervisors 401 Mclntire Road Charlottesville, VA 22902-4596 (804) 296-5843 APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITTEE (Please type or print.) Board/ Commission/ Commktee 441 ~TOle..tC_ "~..q~U?~'Ft O~*'-J COI~J ~1' ~.Ti'~ [; Applicanffs Name ~,-0 t.~ i ~ ~'~. N ~b <~¢ ~ ) ~g. O. Home Phone Magisterial District in which your home residence is located ~r ~ ~5 ~ ~ ~ '~/-,~ Employer ~C~O0'U O~ ~~CT~2~ ~g_ Phone Oc=pafion/Tifle ~ S~l 5That ~O}:W~0~ 0'~ gh~Cy Years Resident in Albemarle County Previous Residence ~hO?h R3~$O Education ~e~ees md ~aduafion Dates) ~ 0 ~ Members~ps ~ Fraterml. Bnslness, Ch~ch md/or Soci~ Groups Public, Civic and Charitable Omce and/or Other Activities or Interests Reason(s) for Wishing to Serve on this Board/Commission/Committee Th~m_a_.fion pro~ed on. this application will be released to the public upon request. Signature Date Return to: Clerlq Board of County Supervisors Albemarle County 401 Mclntire Road Charlottesville, VA 22902-4596 FAX: (804) 296-5800 09-24-01 A'/0:34 IN LOUIS'P. NELSON Assistant Professor of Early American Architecture School of Architecture University of Virginia Charlottesville, VA 22904-4122 804-924-6449 ln6n@virginia.edu 700 North Avenue Charlottesville, VA 22901 804-971-1979 Academic Experience 8/94 - present 8/86 - 5/90 The University of Delaware, Newark, DE Ph.D. in Art HistoE~ (4.0 G.P.A.): January 2001 Dissertation: "Living the Material Word: Anglican visual culture in colonial South Carolina" Masters of Art History: May, 1998 Thesis:"Representations' of the South Carolina Lowcountry Landscape, 1780 - 1810" The College of William and Mary, Williamsburg, VA Bachelor of Arts, 1990 Major: Fine Arts, Concentration: Architecture Minor: Classical Studies GPA: 3.6 in major, Dean's List Employment Experience 9/01 - present Assistant Professor of Early American Architecture, University of Virginia · Teach the history and interpretive methodologies of early American architecture to undergraduate and graduate students · Direct undergraduate honors and master's theses · Engage in cross-disciplinary dialogue on American culture 9/00 - 5/01 Postdoctoral Fellow, Lilly Fellows Program, Valparaiso University · ART 101: History of Art, Ancient to Medieval · ART 102: History of Art, Renaissance to Present · CC 205: Word, Image, Tone · Interdisciplinary introduction to philosophical questions in the Humanities · Co-taught with a philosopher and a musicologist in Christ College, the Valparaiso University honors program 1/99 - 6/99 Instructor, Department of Art History, University of Delaware · ARTH 267/HIST 267: American Art and the Religious Imagination · New course designed by the instructor · Cross-listed with the Department of History · Area requirement for Interdisciplinary Minor in Religious Studies · ARTH 162: The History of Architecture 9/98 - 6/99 7/98 Head Teaching Assistant, Department of Art History, University of Delaware · ARTH 153: History of Art: Ancient to Medieval (Weekly Honors Section) · ARTH 154: History of Art: Renaissance to the Present (Weekly Section) Consulting Architectural Historian to Quinn Evans Architects: The Wren Building Renewal and Restoration Project 8/97 - 6/98 Assistant to Editor-in-Chiefand Director of Development, Buildings of the United States, a project of the Society of Architectural Historians · Coordination of communications and fund-raising assistance for this 58 volume series published by Oxford University Press 9/96 - 5/97 7/96 -8/96 8/95 - 6/96 7/91 - 6/94 Teaching Assistant, The Department of Art History, The University of Delaware · ARTH 162: The History of Architecture (Weekly Honors Section) · ARTH 154: The History of Art: Renaissance to Modern (Two Weekly Sections) Instructor, Philadelphia College of Textile and Science · A531: History of Art and Architecture III: Baroque to Early Modern Research Assistant, The Center for Historic Architecture and Engineering, The Department of Urban Affairs and Public Policy, The University of Delaware · Facilitated the development of a new National Register historic context concentrating on 21 of Delaware's durable rural dwellings erected between 1720 and 1780 · Field teams completed plans of existing conditions, field notes, documentary photography, and extensive fabric investigation · Research teams mined archival repositories for documentary information on each site Research Associate and Programs Assistant, Preservations Division, Historic Charleston Foundation, Charleston, SC · Prepared and presented HCF responses to applications for new construction and alterations to historic architecture within the National Register Historic District · Completed yearly inspections of HCF easement and covenant properties · Completed Certification Applications to the SC Department of Archives and History for pending easement donations · Fielded questions from professionals and the public on architecture, history, and preservation · Lectured on architecture, history, and preservation Honors, Fellowships and Publication~ 9/OO Lilly Postdoctoral Fellowship, Valparaiso University · Two-year postdoctoral fellowship for teacher-scholars who seen to renew and enrich their intellectual and spiritual lives while preparing for leadership roles in research and teaching 10/99 9/99 10/99 Annmarie Adams and Sally McCurry, ed. Exploring Everyday Landscapes: Perspectives in Vernacular Architecture, VII (1997), book review for Winterthur Portfolio, 1999 University of Delaware Competitive Fellowship · Highly competitive, university-wide, unrestricted fellowship. Lois F. McNeil Dissertation Fellowship, Winterthur Museum. 5/99 6/96 1998-99 University of Delaware "Excellence in Teaching Award." · One of two graduate students selected from the College of Arts and Sciences · Student nominated Summer Study Fellow, The Museum of Early Southern Decorative Arts, Winston-Salem, NC Forthcoming: "Building Confessions: Architecture and Meaning in Nineteenth-century Places of Worship" · An essay in Sacred Spaces: Building and Remembering Sites of Worship in the Nineteenth- Century, a catalogue for an exhibition of American Antiquarian Society lithographs at the College of the Holy Cross Forthcoming: "P~ety to Perfection: Gothic Revival Architecture at St. Mark's, Philadelphia" · An essay in The Culture and Influence of the Gothic Revival, a volume of interdisciplinary essays being prepared by De Montfort University, UK, for publication Forthcoming: The Religious Architecture of Charleston and the Lowcounrry, 1680 to 1820 · A book in a series on Charleston's architectural history published by the University of South Carolina Press for Historic Charleston Foundation. Book proposal accepted. Public Lectures~ Exhibitions~ and Preservation Initiatives 4/01 "The Seen and the Unseen: Re-visualizing the Sacred in South Carolina's Eighteenth-Century Anglican Architecture." A paper presented at the 2001 annual meeting of the Society of Architectural Historians. 3/01 11/00 12/99 "Anglican Architectures: Transatlantic Rhetoric and Local Authority in Early Modem Jamaica." A paper presented at the 2001 annual meeting of the Society for Early Americanists. "Building Paradise: American Prophets and their Visionary Landscapes." A public lecture delivered at the Brauer Museum of Art, Valparaiso University. he President s House of the College of William and Mary: a historic structure report." Completed for the College of William and Mary in conjunction with the Department of Architectural Research at the Colonial Williamsburg Foundation. 6/99 4/99 3/99 1998 1998 Research contributions for Colin Thom, "From Pierpont Morgan to the Kennedys and beyond: New light on the art and architecture of No. 14 Princes Gate," Apollo (June 1999): 31 - 41. "Faith in Order: Transformation in Colonial South Carolina's Anglican Architecture." A paper presented at the Annual Graduate Student Symposium, University of Delaware. "Brick Barns to Tivoli Temples: Anglican Architecture and Denominational Conflict in South Carolina, 1750 - 1776." A paper delivered at the Society of Early Americanists annual conference. Member of fieldwork and research team: Carol Borchert and Nancy Hoist, et. al., The Installation of Historic Architecture at Winterthur: A Study of Cecil Bedroom, Bowers Parlor, and Somerset Room (Winterthur, DE.' Henry Francis Du Pont Winterthur Museum, 1998). Co-author, "The Mansion Houses of Eighteenth-Century Delaware," a National Register Historic District Proposal developed by the Center for Historic Architecture for the Historic Preservation Office of the State of Delaware 11/98 9/98 "Delimiting Cultural Parameters and~Defining Colonial Preservation: The President's House at William and Mary." A paper presenter and field session leader for the Association for Preservation Technology. 1998 Annual Conference, Williamsburg. Va. "Piety to Perfection: Transformation of Meaning in the Gothic Revival at St. Mark's Philadelphia." A paper delivered at ''The Culture and Influence of the Gothic Revival," an interdisciplinary conference sponsored jointly by Miami University, OH, USA, De Montfort University, UK, and the Victorian Society in America. 8/98 "Sir Christopher Wren Building: review of construction, 1697 to 1931," abbreviated historic structures report prepared for Quinn Evans Architects, Washington DC, in preparation for the Wren Building Preservation, Renewal, and Replacement Project, 1998 - 99 5/97 5/96 "Wealth and Social Conscience: Church Architecture and Theology in America, 1872 - 915. I " Paper delivered at the Delaware Valley Chapter of the Victorian Society of America. 17th Annual Meeting of the Vernacular Architecture Forum in Lawrence, Kansas, paper: "Representations of the South Carolina Lowcountry Landscape, 1780 - 1810" 5/96 - 7/96 Co-curator: "Religion and Artifact," an exhibition examining the religious meanings of diverse objects of material culture curated by a team of graduate students for The Winterthur Museum 10/95 26t~ Annual Meeting of the East-Central American Society for Eighteenth Century Studies, paper: "Plantation Cartography in the South Carolina Lowcountry after the Revolution" 10/95 1995 Fall Lecture and Film Series, Thomas Jefferson Chapter, Society of Architectural Historians, paper: "Representations of the South Carolina Lowcountry Landscape, 1780 - 1810" 5/94 Coeditor of''The Vernacular Architecture of Charleston and the Lowcountry, 1670 - 1990" a comprehensive field guide prepared for the Vernacular Architecture Forum's 15th annual meeting, published as Jonathan H. Poston, The Buildings of Charleston: a guide to the city's architecture, (Columbia, S.C.: University of South Carolina, 1997) 3/94 - 5/94 Assistant to the Curator, "Venerating the Vernacular: The Celebration of Charleston's Traditional Architecture and Landscape, 1850 - 1940," an exhibition of works on paper and in film at the Gibbes Museum of Art, Charleston, SC David P. Bowerman Rio Lindsay G. Dorrier, Jr. Scotl~vllle Charlotte Y. Humphris Jack Jouett COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Waiter E Perkins Whi~e Hall Sally H. Thomas Samuel Miller October 26, 2001 Mr. Stephen T. McLean McLean, Faulconer Realtors, Inc. 503 Faulconer Dr., Suite 5 Charlottesville, VA 22903-4970 Dear Mr. McLean: ~ At the Board of Supervisors meetinq held on October 3, 2001, the Board appointed you to the Historic Preservation Committee, with said ~'erm to begin October 3, 2001 (no expiration date). I have enclosed a roster for your convenience. On behalf of the Board I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, S all y'~H T'~maomas Ch a~rma n SHT/lab Enclosure James Camblos Billie Campbell PHnted on recycled paper David P. Bowerman Rio Lindsay G. Dottier, .Jr. Scottsville Charlotte Y. Humphris Jack Joueff COUNTY OF ALBEMARLE Office of Board of Supervisors 40I Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Chades S. Martin Rivanna Walter F. Perkins White Hall Sally H. Thomas · Samuel Mill~ October 17, 2001 Mr. Mark Giles Virginia Nationa Bank 222 East Main St. Charlottesv~ 22902 Dear Mr. Giles: At the Board of Supervisors meeting held on October 3, 2001 the Board appointed you to the Workforce Investment Board, with said'term to run from October 3. 2001 through June 3, 2003. I have enclosed a roster for your convenience. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. -- Sincerely, Sa ly H. Thomas Ch a~rman SHT/lab Enclosure CC: James Camblos Billie Campbell Printed on recycled paper David P. Bowerman Rio Lindsay G. Dorrier, Jr $cottsville Gharlott¢ Y. Humphris Jack Jouett COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (8041 296-5800 Charles S. Martin Walter E Perkins White Hall Sally H. Thomas Samuel Mi[le~ October 17 2001 Ms. Norma A. Diehl 108 Mountainview Dr. Charlottesville, VA 22903 Dear Ms. Diehl: At the Board of Supervisors meeting held on October 3, 2001, the Board appointed you to the Rivanna Solid Waste Authority Citizens Advisory Committee, with said term to run from January 1, 2002 through December 31, 2003: I have enclosed a roster for your convenience. On behalf of the Board. I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Sally H. Thomas Chairman SHT/lab Enclosure CC: James Camblos Lawrence C. Tropea Printed on recycled paper David P. Bowerrnan Rio Lindsay G. Dorrier, Jr. Scottsv/lle Charlotte Y. Hurnph~ .lack Jou~q't COUNTY OF ALBEMARLE Office of Board of Supervisors 40I Mclntire Road Charlottesville, Virginia 22902-4596 {804} 296-5843 FAX (804) 296-5800 Charles S. Martin Ri~ap.~a Walter E Perkins White Ha~ Sall~ H. Thomas Samuel Mill~r October 17, 2001 Mr. Benjamin P. Ford 117 Amherst Commons Charlottesville, VA 22903 Dear Mr. Ford: At the Board of Supervisors meeting held on _October 3, 2001, the Board appointed you to the Historic Preservation Committee, with said term to begin October 3, 2001 (no expiration date). I have enclosed a roster for your convenience. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Sally H. Thomas Chairman SHT/Iab Enclosure CC: James Camblos Margaret Maliszewski Printed on recycled paper David P. Bowerman Rio Lindsay G. Dorrier, Jr. Charlotte Y. Humphris Jack Jouel~ COUNTY OF ALBEMARLE Office of Board of Supewisors 401 Mdntire Road Chaflo~esviHe, Virginia 22902-4596 (804} 296-5843 FAX (804) 296-5800 Charles S. Martin Walter E Perkins Sally H. Thomas October 17, 2001 Mr. Griffin W. Fernandez 2230 Owensville Rd. Charlottesville, VA 22901 Dear Mr. Fernandez: At the Board of Supervisors meeting held on October 3, 2001, the Board appointed you to the Historic Preservation Committee, with said term to begin October 3, 2001 (no expiration date). I have enclosed a roster for your convenience. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Sally H. Thomas Chairman SHT/lab Enclosure cc: James Camblos Margaret Maliszewski Printed on recycled paper David P. Bowerman Lindsay G. Dorrier, ,Jr. Charlotte Y. Humph~ COUNTY OF ALBEMARLE Office of Board of Supen~isors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Rivanna Walter E Perkins White Hall Sally H. Thomas Samuel Miller October 17, 2001 Ms. Christine S. Devine 1708 Wright Ln. Charlottesville, VA 22911 Dear Ms. Devine: At the Board of Supervisors meeting held on October 3, 2001, the Board appointed you to the Historic Preservation Committee, with said term to begin October 3, 2001 (no expiration date). I have enclosed a roster for your conveniencel On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Sally H Thomas Chairman SHT/lab Enclosure cc: James Camblos Margaret Maliszewski Printed on recycled paper David P. Bowerman Lindsay G. Dorrier, Jr. Charlotte Y. Humph~ COUNTY OF ^IREMARLE Office of Board of Supervisors 401. Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Walter E Perkins Sally H. Thomas October 17, 2001 Mr. Paul R. Brockman 680 Broad Axe Rd. Charlottesville, VA 22903 Dear Mr. Brockman: At the Board of Supervisors meeting held on October 3, 2001, the Board appointed you to the Historic Preservation Committee, with said term to begin October 3, 2001 (no expiration date). I have enclosed a roster for your convenience. On behalf of the Board. ] would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Sally H. Thomas Chairman SHT/lab Enclosure cc: James Camblos Margaret Maliszewski Pr/nted on reo2ded paper David R Bowerman Lindsay G. Do.er, Jr. Charlotte Y. Hurnphfi~ COUNTY OF AIREHARLE Office of Board of Supewisors 401 Mclntire Road Charlottesville, Virginia 22902 -4596 (8O4) 296-5843 FAX (804) 296-58O0 Charles S. M~gtin Walter E Perkins Sally H. Thomas October 17, 2001 Ms. Jane R. Berkeley 4 Condor Rd. Palmyra, VA 22963 Dear Ms. Berkeley: At the Board of Supervisors meeting held on October 3, 2001, the Board appointed you to the Historic Preservation Committee with said term to begin October 3, 2001 (no expiration date). I have enclosed a roster for your conveniencel On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Sally H. Thomas Chairman SHT/lab Enclosure cc: James Camblos Margaret Maliszewski Printed on recycled paper David P. Boatman IAndsay G. Dorder, Jr. Charlotte Y. Humphris Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 2°~:~,843 FAX (804) 296-5800 Chades S. Martin Walter E Perkins October 17, 2001 Mr. Garth Anderson 2020 Echo Ridge Rd. Charlottesville, VA 22911 Dear Mr. Anderson: At the Board of Supervisors meeting held on October 3, 2001, the Board appointed you to the Historic Preservation Committee, with said term to begin October 3. 2001 (no expiration date). I have enclosed a roster for your convenience! On behalf of the Board, I would !ike to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Sally H. Thomas Chairman SHT/lab Enclosure CC: James Camblos Margaret Maliszewski Printed on recycled paper David P. Bowerman Rio Lindsay G. Dorrier, ~Jr. $cotm, ill, Charlotte Y. Humphris Jack Jouett COUNTY OF ALB~E Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Rivanna Walter E Perkins White Hall Sally H. Thomas Samuel Miller October 17, 2001 Mr. Steven G. Meeks P.O. Box 98 Scottsville, VA 24590 Dear Mr. Meeks: At the Board of Supervisors meeting held on October 3, 2001, the Board appointed you to the Historic Preservation Committee, with said term to begin October 3, 2001 (no expiration date). I have enclosed a roster for your convenience. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Sally H. Thomas Chairman SHT/lab Enclosure cc: James Camblos Margaret Maliszewski Printed on recycled paper David R Bowerman Rio Lindsay G. Dorrier, Jr. Scottsvi~e Charlotte Y. Humphris Jack Jouett COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin ~ivanna Walter E Perkins White Hall Sally H. Thomas Samuel Miller October 17, 2001 Mr. Step hen T. McLean 2164 Orchard Home Rd. Charlottesville, VA 22931 Dear Mr. McLean:~ '~''~ At the Board of Supervisors meeting held on October 3, 2001, the Board appointed you to the Histodc Preservation Committee, with said term to begin October 3, 2001 (no expiration date). I have enclosed a roster for your convenience. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Sally H. Thomas Chairman SHT/lab Enclosure cc: James Camblos Margaret Maliszewski Printed on recycled paper David P. Bowerman Rio Lindsay G. Don/er, Jr. Charlotte Y. Humphfis Jack Joueit COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntim Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Rivanna Walter E Perkins Sally H. Thomas Samuel lCall,r October 17, 2001 Mr. Robert McGinnis, RLA 2710 Eton Rd. Charlottesville, VA 22903 Dear Mr. McGinnis: At the Board of Supervisors meeting held on .October 3, 2001, the Board appointed you to the Historic Preservation Committee, with said term to begin October 3, 2001 (no expiration date). I have enclosed a roster for your convemence. On behalf of the Board I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Sally H. Thomas Chairman SHT/lab Enclosure cc: James Camblos Margaret Maliszewski PHnted on recycled paper David R Bowerman Rio Lindsay G. Dottier, Jr. Scottsville Charlotte Y. Hurnphris Jack Jouett COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Rivanna Walter E Perkins White Hall Sally H. Thomas Samuel Miller October 17, 2001 Mr. William C. Johnson 1073 Black Cat Rd. Keswick, VA 22947 Dear Mr. Johnson: At the Board of Supervisors meeting held on October 3, 2001, the Board appointed you to the Historic Preservation Committee, with said term to begin October 3, 2001 (no expiration date). I have enclosed a roster for your convenience[ On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sin cerely, Sally H. Thomas Chairman SHT/lab Enclosure cc: James Camblos Margaret Maliszewski Printed on recycled paper David P. Bowerman Rio Lindsay G. Dottier, ,Ir. Charlotte Y. Humphris Jack Joueit COUNTY OF ALBEMARLE Office of Board of Super~sors 401 Mdntire Road Charlottesville, Vkginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Rivanna Waiter E Perkins White Hail Sally H. Thomas Samuel Miller October 17, 2001 Mr. William L. Gordon, Jr. 522 Pebble Hill Ct. Charlottesville, VA 22903 Dear Mr. Gordon: At the Board of Supervisors meeting held on October 3, 2001, the Board appointed you to the Historic Preservation Committee, with said term to begin October 3, 2001 (no expiration date). I have enclosed a roster for your convenience~ On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Sally H. Thomas Chairman SHT/lab Enclosure CC: James Camblos Margaret Maliszewski Printed on recycled paper David P. Bowerman Rio Lindsay G. Dorrier, Jr. ScoUsville Charlotte Y. Humphds Jack Jouett COUNTY OF ALBEMA~IR Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (8041 296-5800 Charles S. Martin Rivanna Walter E Perkins White Ha~l Sally H. Thomas Samuel Miller October 17, 2001 Mr. Charles E. Gay P.O. Box 8 Batesville, VA 22924 Dear Mr. Gay: At the Board of Supervisors meeting held on October 3, 2001, the Board appointed you to the Historic Preservation Committee, with said term to begin October 3, 2001 (no expiration date). I have enclosed a roster for your cc nvenience. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Sally H. Thomas Chairman S HT/lab Enclosure cc: James Camblos Margaret Maliszewski Printed on recycled paper David P. Bowe~man Rio Lindsay G. Don/er, Jr. $coftsville Charlotte Y. Humphfis ~ack Jou~qt COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mdntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Mar~in Walter F. Perkins Sally H. Thomas October 17, 2001 Ms. Jillian E. Galle 702-A Graves St. Charlottesville, VA 22902 Dear Ms. Galle: At the Board of Supervisors meeting held on October 3, 2001, the Board appointed you to the Historic Preservation Committee, with said term to begin October 3, 2001 (no expiration date). I have enclosed a roster for your convenience. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. ~ Sincerely, Sally H Thomas Chairman SHT/lab Enclosure cc: James Camblos Margaret Maliszewski Printed on recycled paper David R Bowerman Rio IAnds. ay G. Dottier, ,Ir. Scot~ville Charlotte Y Humphns Jack Jouett COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mctntire Road Charlottesville, Wrginia 22902-4596 (804) 296-584,3 FAX (804) 296-5800 Charles S. Martin Rivanna Walter E Perkins White Hall Sally H. Thomas Samuel Miller October 17, 2001 Mr. James E. Clark, Jr. 1130 Oak Hill Dr. Charlottesville VA 22901 Dear Mr. Clark: At the Board of Supervisors meeting held on October 3, 2001, you were reappointed as the Scottsville District re presentative to the Board of Equalization, with term to run from January 1, 2002 through December 31, 2002..Duties of this Board are set out in the Code of Virginia, Chapter 32, Article 14, Sections 58.1-3370 through 58.1-3389. The duties are more specificaliy set out in Section 58.1-3379 and read as follows: "The Board shall hear and give consideration to such complaints and equalize such assessments and shall, moreover, be charged with the especial duty of increasing as well as decreasing assessments, whether specific complaint be laid or not, if in its judgment, the same be necessary to equalize and accomplish the end that the burden of taxation shall rest equally upon on all citizens of such county or city. The (Director of Finance) of such county ... shall, when requested .... call the attention of the board to such inequalities in real estate assessments in his county or city as may be known to him. Every board of equalization may go upon and inspect any real estate subject to equalization by it." In order to be eligible for appointment, every prospective member of such board shall attend and participate in the basic course of instruction given by the Department of Taxation under Section 58.1-206. In the near future, you will receive notice of a meeting from Bruce Woodzell, the Real Estate Assessor. I have enclosed an updated roster for your convenience. If you have any questions about the duties of this Board, please call Mr. Woodzell at 296-5856. Sincerely, Sally H. Thomas Chairman CSM/lab Enclosure CC: Bruce Woodzell Commonwealth's Attorney Printed on recycled paper David R Bowerman Lindsay G. Dorrier, Jr. Charlotte Y. Humphris · lack Jouett COUNTY OF ALBEMARLE Office of Board of Supervisors 40I Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Walter F. Perkins White Hall Sally H. Thomas Samuel Iv[flier October 17, 2001 Mr. Raymond E. Gaines 1712 Easy tn. Charlottesville, VA 22901 Dear Mr. Gaines: At the Board of Supervisors meeting held on October 3, 2001, the Board reappointed you to the Fire Prevention Code of Appeals, with said term to run from November 21, 2001 through November 21, 2006. Members are paid $45.00 per meeting (Albemarle Code Section 15.1). I have enclosed an updated roster for your convemence. If you have any questions about the duties of this Board, please call Mr. Carl Pumphrey at 296-5833. Sincerely, Sally H. Thomas Chairman CSM/lab Enclosure cc: Carl Pumphrey Commonwealth's Attorney Printed on recycled paper David E Bowerman Rio Lindsay G. Dottier, Jr. Scottsv/lle Charlotte Y. Humphris Jack Jouett COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-584~ FAX (804) 296-5800 Charles S. Martin Rivanna Walter E Perkins White Hall Sally H. Thomas Samud Miller October 17, 2001 Mr. Robert S. Wilson 732 Monticello Ave. Charlottesville VA 22902 Dear Mr. Wilson: At the Board of Supervisors meeting held on October 3, 2001, the Board appointed you to the Historic Preservation Committee, with said term to begin October 3, 2001 (no expiration date). I have enclosed a roster for your convenience. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Sally H. Thomas Chairman S HT/lab Enclosure cc: James Camblos Margaret Maliszewski Printed on recycled paper David R Bowerman Rio Lindsay (3. Dottier, ,Jr. Charlotte Y. Humphds Jack Jouet~ COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Rivanna Walter E Perkins White Hall Sally H. Thomas Samuel Miller October 17, 2001 Mr. Robert F. Watson 39 Chowning Circle' Waynesboro, VA 22980 Dear Mr. W~. At the Board of Supervisors meeting held on October 3, 2001, the Board appointed you to the Historic Preservation Committee, with said term to begin October 3, 2001 (no expiration date). I have enclosed a roster for your convenience. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Sally H. Thomas Chairman SHT/lab Enclosure cc: James Camblos Margaret Maliszewski Printed on recycled paper David P. Bowerman Rio Lindsay G. Dottier, Jr. Charlotte Y. Humphris Jack Jouett COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-584~ FAX (8041 296-5800 Chades S. Martin Walter E Perkins White Hall Sally H. Thomas Samuel Miller October 17, 2001 Mr. Stuart G. Waterson 10 Dogwood Ln. Charlottesville, VA 22901 Dear Mr. Waterson: At the Board of Supervisors meeting held on October 3, 2001, the Board appointed you to the Historic Preservation Committee, with said term to begin October 3, 2001 (no expiration date). I have enclosed a roster for your convenience. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Chairman SHT/lab Enclosure cc: James Cam bios Margaret Maliszewski Printed on recycled paper David R Bowerman Linc[say G. Dorrier, Jr. Scottsville Charlotte Y. Humphris ~aek JoueQ COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Walter E Perkins White Hall Sally H. Thomas Samuel l~filler October 17, 2001 Dr. Louis P. Nelson 700 North Ave. Charlottesville, VA 22901 Dear Mr. Nelson: At the Board of Supervisors meeting held on October 3, 2001, the Board appointed you to the Historic Preservation Committee, with said term to begin October 3, 2001 (no expiration date). I have enclosed a roster for your convenience. On behalf of the Board I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Sally H. Thomas Chai rman SHT/lab Enclosure cc: James Camblos Margaret Maliszewski Printed on recycled paper David R Bowerman Rio Linclsay G. Dorrier, Jr. Scottsville Charlotte Y. Humphris COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road ' Charlottesville, Virginia 22902-4596 (8041 296-5843 FAX [804) 296-5800 Charles S. Martin Rivanna Walter E Perkins White Hall Sally H. Thomas Samuel Miller October 17, 2001 Mr. Robert Vernon 2590 Andrew Ln. Charlottesville, VA 22901 Dear Mr. Vernon: At the Board of Supervisors meeting held on October 3,2001, the Board appointed you to the Historic Preservation Committee, with said term to begin October 3, 2001 (no expiration date). I have enclosed a roster for your convenience. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Sally H. Thomas Chairman SHT/lab Enclosure cc: James Camblos Margaret Maliszewski Printed on recycled paper David P. Bowerman Rio Lindsay G. Dorrier, ,Jr. $cottsville Charlotte Y. Humphris Jack Jouet~ COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Chades S. Martin R[vanna Walter E Perkins White ~ Sally H. Thomas Samuel Miller October 17, 2001 Mr. David B. Topper 70 Oak Forest Circle Charlottesville, VA 22901 Dear Mr. Topper: At the Board of Supervisors meeting held on October 3, 2001, the Board appointed you to the Historic Preservation Committee, with said term to begin October 3 2001 (no expiration date). I have enclosed a roster for your convenience. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Sally H. Thomas Chairman SHT/lab Enclosure cc: James Cambtos Margaret Maliszewski Printed on recycled paper COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: Members of the Board of Su~.rvisors Laurie Bentley, C.M.C~/ Senior Deputy Clerk September 28, 2001 Vacancies on Boards and Commissions ! have updated the list of vacancies on boards and commissions through January 31, 2001. Thank you. Bob Tucker Larry Davis Chamber of Commerce BOARD OR COMMISSION MEMBER TERM EXPIRES NEW TERM EXPIRES WISH TO BE RE- APPOINTED? MAGISTERIAL. Advertised twice; rec'd no applications. Margaret Bom/hat 9/30/00 9/29/03 No I application (Perkins) sent on 212/01. Readvertised; mc'd no new applications. Daniel-Montgomery 12/13/00 t 2 / 13/02 No Applications sent under separate c~)ver. Murray, Jr. (replacement to complete 1/19/04 Resigned Scottsvitle James E. Clark, Jr. (Have not instructed Clerk to advertise). Albert O. Humbertson, Jr. (eplacement to complete his term and/or serve an Readvertised; applications sent under separate cover. 2 applications (Lebo and Abidin) sent on 8/30/01. Robert L Self Frank Kessler (Replacement to complete 12/31101 (12131102 if appointed to Resigned 414/01 1 i/14f02 12/31/02 N/A Yes Resigned (moved) Scottsvitle White Hall N/A Resigned Jan SPdnkle 12t31/01 ............... W,SH TO .~ .... BOARD OR COMMISSION MEMBERER EX NEW EXPIRES TERM APPOINTED? RE- MAGISTERIAL APPOINTMENT? ,~~~ Kathleen T. ~ornett 11103/01 111~3103 ~ No , Brian Carlson 06/03/03 Resigned (Replacement to complete . ,, ,i his term) , NEW TERM MAGISTERIAL BOARD OR COMMISSION MEMBER TERM EXPIRES EXPIRES DISTRICT ,, , Martha S; G, Orton , i , 12/31/01 12/31/05 ; Samuel Miller , Elizabeth D, Mctvor , r 12131t01 12/3i/05 Jack Jouett .... n~ .~ .... ~ ............ ~'~ ~' ~' '~ r~ ~ArthurB, ~.[~n, Jr, ~ ~. ,; 1~31/01 12/3t/05 Rio ' C. Jared Loewenstein 12/31/0t 12/31103 At. large ' William D, Rieley 12t31t01 t2t31/05 Samuel'Miller ' . Rod~eyS, Tho.mas . 12/31t01 12/31/05 ' . Rio Dennis S, Rooker 12/31/01 " t2/31'/05 Jack Jouett" ,, , Tracy Corea 12131101 12/31/02 Rivanna George R, Lade 12131101 12131102 Jack Joueff , , ' .... Cr,Marsha!l Thompson t2/3II01 12/3~102 ' Rio ...... , ,~ ~. ~ ~ .,~ W. iv'ar ~w~,,,er 12/31t0I ~ 12~?02 ~ ' S~uel Milt~,~ ...... Thomas A. McQueeney 1119102 , 1/19t06 Rio Dr. Ellora Young 1/i9,/02 ,1t19/06 Rivanna COUNTY OF ALBEMARLE EXECUTIVE SUMMARY 09- 8-0 Al1:45 IN AG ENDA TITLE: Corville Farms Subdivision - Water System and Road Improvements SUBJECT/PROPOSAL/REQUEST: BOS update on status. AGENDA DATE: October 3, 2001 ITEM NUMBER: ACTION: X INFORMATION: CONSENTAGENDA: ACTION: INFORMATION: .ATTACHMENTS: Corville Farm Road History Messrs. Tucker, Foley, Graham REVIEWED BY: / BACKGROUND: The Corville Farms Subdivision experienced significant problems over a number of years related to their road and water system. Most recently, Engineering and Public Works staff was contacted concerning water system failures. While the immediate concern was resolved through the financial participation of the Southeast Rural Community Assistance Project, Inc., significant long-term issues remain with regard to both the road and water system. When the Corville Farm subdivision was created, it was anticipated that the read would become part of the VDOT system. The attached history of the read illustrates this intent. There is a 20-year gap in the history that makes it impossible to document why the read was never completed and brought into the VDOT system. Presently, the read has deteriorated from 20 + years of neglect and planned improvements that were never completed. The developer has died and there are no bonds in place to cover the costs of improving the read such that it could be accepted by VDOT. The Corville Farm subdivision was created with plans to have water provided by a private central well distribution system. The water system was never constructed as shown on the subdivision plans. A water system was provided to serve the subdivision and is currently operated as the Public Service Company of Virginia. Similar to the read, there is a significant gap in the history regarding the water systems and there is no documentation on why the water system was never completed as per the approved plans. There is no bond for the water system. The system that was installed has proven marginally effective and the Public Service Company is not generating sufficient revenue from user fees to adequately maintain the system. This has resulted in several emergency situations. In 1995, the County Board provided funds for an emergency regarding a failing well. In July of this year, a well pump failed and it was necessary for the Southeast Rural Community Assistance Project to provide $6,000 for an emergency replacement. The water distribution piping has also been determined to be in poor conditions and is causing large losses of water due to leaks. Those leaks require the pumps to run much more frequently than would normally occur, causes an increased demand from the well, and also increases the risk of contamination into the system. Unless the distribution system is upgraded, it is likely the pumps will need replacing much sooner than would normally be anticipated and there is an increased risk of well failure. The private company does not have the funds to either upgrade the water distribution system or replace the pumps when they inevitably fail. Finally, it is noted that significant parts of the water distribution system are in the public right of way and would need to be relocated before the road could be accepted by VDOT. DISCUSSION: Based on the background regarding these two issues at the Corville Farms Subdivision, staff will need direction from the Board on how to proceed with each of the following issues: Road Issue: Because of the deteriorating condition of the road and the circumstances under which the road failed to become part of the state system, the residents of Corville Farms have requested County assistance. Due to the original intent that this road become part of the state system, all right-of-way have been dedicated to public use and it is a public read. Since it never became part of the state system, it is, in effect, a County responsibility. For this reason, staff believes the County should take action to bring the read up to state standards so it can be turned over to VDoT. Two primary options exist to achieve this. The AGENDA TITLE: Corville Farms Subdivision - Water System and Road Improvements October 3, 2001 Page 2 County can utilize general fund revenues to upgrade the road, or the upgrade can be pursued through the use of secondary road funds through the Rural Additions Program. While this program does provide a viable option, several issues would need to be reviewed with VDoT if the Board is interested in pursuing this option. In addition, the time it would take to complete the project is uncertain and would need review with VDoT. Staff has estimated the cost of the project to be approximately $150,000. Water System: The water system is clearly a private system and not technically a public responsibility. With that said, the residents have requested the County's involvement because of the continuing problems with the system and their concems for public health. Due to the fact that this is a private system, public funds could only be used under very limited circumstances. However, without more significant public involvement, it is Unlikely that the upgrade and long term operation and maintenance (O & M) will be adequate to solve the concerns. The investment required is expected to be significant, although a study is needed to determine the actual cost. Several options for public involvement do exist, depending on how/if the Board would like to proceed. 1. The Board could ask the ACSA to consider taking over the system to insure its upgrade and ongoing O & M. The County could assist the Service Authority in the pursuit of grant opportunities and/or local funds to supplement the construction cost. The primary benefit of this alternative is that the Authority established by the County to handle water and sewer would be the entity which assures the long-term operation and maintenance of this system. 2. The system could remain a "private system" and the County could assist the neighborhood by pursing grant opportunities through housing, indoor plumbing and other programs. Assuming adequate funding could be obtained, long term O & M would be the major concem under this alternative. Because the use of state and federal grants will most likely require an upgrade of the system, the upgraded system would fall under much more stringent requirements, making O & M much more difficult for a single owner run system. County supplements to the construction and O & M would not be allowed because it would remain a private system. 3. The County could pursue taking over the system, seek grants and assume long-term O & M. While this is viable, it would, in effect, create a new service that the County is not equipped to provide. Once again, because of the upgrades that would be required through the use of state and federal grants, the ongoing O & M operation would be much more significant than the current system. Because this system only serves approximately 20 homes, it is likely that rates would need to be increased and the system would require general fund supplements on an annual basis. CONCLUSIONS: Because a portion of the water distribution system is located in the road r~ght of way and will need to be relocated as part of any road imprOVement, these two projects can work hand in hand initially. The design of the road will require a study of the current water distribution system. This study would document the current conditions, what will be necessary to remove the existing water distribution system from the public right of way, and as part of this work, what additional measures are needed to make the water distribution system reliable. Assuming the roadwork moves forward, Engineering and Public Works can solicit a contract change order with the firm currently conducting the County's groundwater study. Based on initial discussions, it appears this study can be completed for less than $10,000. The County could expend these funds as part of the road improvement. In addition, Engineering and Public Works can continue work with the Southeast Rural Community Assistance Project and others to determine what financial assistance might be available for the construction of water distribution system improvements, regardless or who owns and operates the system. While staff can move forward with these initial steps to assist the residents of Corville Farms, direction from the Board is needed regarding the funding of the road improvements, and which alternative to pursue regarding the u Itimate direction on the water system. RECOMMENDATION: Staff recommends approval of the following: AGENDA TITLE: Corville Farms Subdivision - Water System and Road Improvements October 3, 2001 Page 3 1. That the County move forward with further evaluation of utilizing the Rural Additions program for funding the road improvements, while also proceeding immediately with a study of the water distribution system with county funds. Any significant obstacles and the timeframe for completion of the project will have to be determined in consultation with VDoT. After this is determined, staff will report to the Board regarding the need for local funding to ensure that the road is brought up to state standards. 2. That the County discuss with the ACSA the possibility of taking over the Corville Farms water system to insure its upgrade and ongoing operation and maintenance. The County would assist the service authority in the pursuit of grant funding and potentially, some local funds to supplement the construction cost if needed. 01.188 Corville Farm Road Historical Data Spring 2001 Effort was made to contact and procure a consultant, however most were too busy to take on the project. With Bill's departure this project as well as others had to be placed on hold. 2/13/2001 Based on the fimds reappropriated from the past fiscal year, a portion which were reserved for Corville Farm pending further review, Bill Mawyer requested we proceed with procuring a consultant to provide an asbuilt survey, preliminary design services, and a construction cost estimate. 10/16/2000 County Engineer and VDOT inspection of Corville Farm Road and budget estimate for road improvements. 10/13/2000 VDOT responds that that "speculative interest" may be present, which would require the owner to pay a share of the road improvements in order to be eligible for acceptance under the "Rural Additions Program". The share would be based on VDOT's determination of the amount of potential development on the property that could be served by the road. More detailed information needed from the County for VDOT-Richmond to make a final determination of the existence and extent of "speculative interest". 9/27/2000 Engineering Deparmaent provides road plans and supplementary documents to VDOT, raises question of the existence of"speculative interest" due to road access to Monterey Farm, schedules road inspection. 9/5/2000 Engineering Department representatives visit the site and photograph specific features. Walter Perkins (BOS) and members of the Engineering Department meet with residents of Corville Farm subdivision to discuss road and water system issues. 5/29/1979 Road inspeCtion/punchlist letter from VDOT to Tiffany 10/31/1977 Letter from County Engineer to Tiffany reminding that all work and documentation had been completed but that the acceptance process could not proceed until performance bond & maintenance fee were submitted VDOT. 9/23/1977 Letter from County Engineer to Tiffany informing that performance bond had not been posted and due to the delay a maintenance fee was now required. Further delay will result in additional VDOT inspections that may result in the requirement of additional corrective work.. 8/15/1977 Letter from the County Engineer to VDOT transmitting asbuilt road plans, plats, and the 8/10/1977 Board Resolution requesting the road (Sections 1 & 2)be accepted into the state system. 8/9/1977 9/14/1976 12/18/1975 4/28/1975 12/23/1974 9/26/1974 9/19/1974 6/25/1970 Letter from The Travelers Insurance Companies to the County Engineer informing of their receipt of the July 1975 letter from the County Attorney advising them that the work covered by their bond had been completed and action on the bond had been dropped. They also stated they considered the bond cancelled and had elected to not furnish further bonds for Tiffany on this project. Letter from VDOT to the County Attorney summarizing the understanding of a meeting held 9/9/1976 concerning Corville Farm subdivision, identifying improvements needed, and Tiffany's agreement to address them at his cost. The letter also states that 2 years had passed since the performance bond had been submitted to VDOT by the developer, the bonding company had requested return of the performance bond, VDOT remmed the bond as requested, and that the developer would need to submit a new performance bond as well as a maintenance fee when the street was deemed ready for acceptance. Letter from VDOT to Tiffany reminding that items needed to accept the road had not been submitted and that corrective actions were necessary based on an inspection of the road that day. Letter from VDOT to County Engineer notifying that corrective actions were necessary based on an inspection of the road that day. Letter from VDOT to Tiffany notifying that corrective actions were necessary based on an inspection of the road on 12/20/1974. Letter from the Agent for the Board of Supervisors to Tiffany notifying that due to the failure of the developer to provide road improvements to VDOT standards, the Board of Supervisors passed a resolution authorizing the County Planner and County Engineer take the necessary action to bring the road into the state system. In doing so money held in escrow in the developers name would be utilized to accomplish this. The County Planner and County Engineer would proceed unless developer notified them immediately of his intent to complete the necessary improvements. Board of Supervisors passed a resolution authorizing the County Planner and County Engineer take action to accomplish the improvements required to bring Corville Farm Road up to state standards and approved by VDOT. Letter from County Engineer to developer setting the road bond at $3100. 6/23/1970 Road plans approved by VDOT COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 September 7 2001 Bob Colley 3350 Berkmar Drive Charlottesville, VA 22901 RE: SP-2001-022 Laser Tag at Planet Fun, TM 45, Parcel 112G Dear Mr. Colley: The Albemarle County Planning Commission, at its meeting on August 28, 2001, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: No alcohol sales. Compliance with Section 4.18.1 of the Zoning Ordinance. Uses Shall be limited to go-cart track, batting cages, miniature golf, arcade, bumper boats, snack bar, laser tag, and children's play area. Hours of operation limited to 9:00 a.m. to 12:00 a.m. (midnight), except for Fridays and Saturday's when the facility may be operated from 9:00 a.m. to 1:00 a.m. Piease be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on Qctober 3, 2001. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Juandiego Wade Transportation Planner JW/jcf Cc: Ella Carey Jack Kelsey Bob Ball Amelia McCulley Steve AIIsho~se 09-10-0! AlO:31 tN STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: JUANDEIGO R. WADE AUGUST 28, 2001 SEPTEMBER 19, 2001 SP 2001-022 Laser Tag at Planet Fun Applicant's Request: The applicant is requesting to add a "laser tag" game as an additional activity at the existing Planet Fun site located on Berkmar Drive. (Attachment A) Petition: Proposal for a special use permit to add laser tag game at an existing commercial recreation establishment irt accordance with Section 18-22.2.2.1 of the Zoning Ordinance which allows for commercial recreation establishment. The property, described as Tax Map 45 Parcel l12G, contains 4.834 acres, and is located in the Rio Magisterial District on Berkmar Drive [Route # 1403] approximately 0.7 miles north from the intersection of Rio Road and Rt. 29N. The property is zoned C-I, Commercial. The Comprehensive Plan designates this property as Regional Service in Urban Neighborhood 1'. (Attachment B) Character of the Area: The site is located on Berkmar Drive next to the University of Virginia Community Credit Union. The 'area across the street is currently wooded. RECOMMENDATIONS: Star-f has reviewed the applicant's request for compliance with 31.2.4.1 of the Zoning Ordinance and recommends approval with the existing conditions.' Plannine and Zoning History: September 15, 1993 - Thc Board of Supervisors denied ZMA 93-09, which was a request to rezone this from R-6 to HC, Highway Commercial. SP 93-20 and a site plan to allow commercial recreation accompanied the rezoning request and was not acted on due to thc denial of therezoning. ZMA 93-13 and SP 93-25 were submitted in December 1993, but were not processed. ZMA 94-24 The Board of Supervisors approved the request to rezone approximately 5.0 acres from R-6 to C-1, Commercial (Attachment C). SP 94-14 The Board of Supervisors approved a request to establish a commercial recreation establishment on 5 acres zoned C-l, Commercial. The adjacent bowling alley was approved March 18, 1987 (SP 87-05) and the nearby miniature golf course now closed was approved November 6, 1991 (SP 91-29). Comprehensive Plan: This area is recommended for Regional Service use in Neighborhood One. Recreation facilities are consistent with Regional Service designation. STAFF COMMENTS The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervigors that such use will not be of substantial detriment to adjacent pro0ertv. Planet Fun has been operating since 1996 under an approved special use permit (SP 94-14). The current conditions on this special use permit include types ofuses/activites, hours of operation, fencing, and prohibiting of alcohol sales on the premises (Attachment D). The applicant is currently in compliance with all conditions. This list of uses does not include laser tag. Therefore, the applicant is requesting that "laser tag" be added to the list of permitted uses. The Department of Planning and Community Development has not received any complaints concerning this operation and does not anticipate any with the addition of laser tag. It is not anticipated to significantly increase traffic. Parking is adequate for this additional use. that the character of the district will not be changed thereby, Planet Fun has been operating since 1996. The laser tag use would be located on the underutilized second floor o£the existing building. The second floor is currently used for offices. No new construction will be necessary for the addition of laser tag. Laser tag does not require any special equipment or produce any additional noise'that could be heard outside. The applicant may have to hire two additional employees for the increased business. and that such use will be in harmony with the purpose and intent of this ordinance, The applicant's request does not conflict with the purpose and intent of this Zoning Ordinance. with the uses permitted by right in the district, Commercial recreation establishments are permitted uses in this district. with additional regulations provided in Section 5.0 of this ordinance, The supplemental regulations do not apply to this request. and with the public health and general welfare. VDOT had no recommendations concerning this request. The existing improvements are adequate to handle the anticipated traffic. SUMMARY OF SP 2001-022 Staffhas identified the following factors that are favorable to this request: A. There will be no significant impacts from the addition of this use to the site. The addition · of laser tag will not produce any additional noise that could be heard outside of the building. B. No new construction will be required. Staff has not identified any factors that are unfavorable to this request. RECOMMENDED ACTION: Staff recommends approval of SP 2001-022 subject to the same conditions of SP 94-44, with amendment of condition 5 to include "laser tag." 1. No alcohol sales; 2. The bumper boat pool shall not be constructed until a method of handling the water waste has been approved by the Department of Environmental Quality; 3. Fencing on the east, north and south side of the recreation area shall not be bonded and shall be installed prior to the issuance of a Certificate of Occupancy; 4. Compliance with Section 4.14.1 of the Zoning Ordinance; 5. Uses shall be limited to go-cart track, batting cages, miniature golf, arcade, bumper boats, snack bar, laser tag, and children's play area; and 6.. Hours of operation limited to 9:00 a.m. to 12:00 a.m. (midnight), except for Fridays and Saturday s when the facility may be operated from 9:00 a.m. to 1:00 a.m. Attachments: A. Applicant's Application B. Location Map C. SP 94-44 and ZMA 94-24 Staff Report D. SP 94-44 and ZMA 94-24 Approval Letter 3 ' ' 'C°onty of Albemarle ':° Department of Building Code an o~c~. ~.~.,~ ~ ~ ._ j- ATTACHMENT A Application for Special Use Permit *Zoning District d' .-- / . *Zomng Ordinance Section number requested (*staff will assist you with these items) · Number of acres to be covered by Special Use Permit ora ~oruon ~ must ~e ae~neat~ O~ IS this an amendment to an existing Special Use Permit*. ~'yesClff~lo Are you submitting a site d~velopment plan wifl~ this application? n ~es~ No DaytimePhone(~)Oq). ~"~S q~(~ Fax# I Applicant (Who is the contact person representing? Who is requesting the special [DaydmePhone(DOt{,.)'~"/~"qS~G' I=ax.# q'/~-/2.17-- E-mail usc:l: pl~-'bt-tom- pttto~ttc~tsrs I WOe, State IJ~ Zip ZZ fO J Tax map and parcel q. ~ [ t ~'2- I~,'l .., Physical Address (if=signed) ~~~-n.e.o~~.. eS~,~c~,.VA:. 'z..~/ol ~' "t4- "~"" Locat, on ofproperty (landmarks. intcr~ecfions,°r°thcr) ' .eF~~ ~[,~C.~ .(~/k,J t~ ~..[L{~' aa ~ 'i-~'~ Does the owne} of this Propc~y Own (or have any ownership interest in) any abutting propc~y ? ,If yes,-pl~c list those mx map ~d p~cel numbers ' ' ' ~ ' OFFICE USE ONLY · - Fee amount $ ~lr'~ Date Paid I-Iis~ory: [21 Special Use Permits: qq'/~q' O Variances: ~ ~ "' ~ ~ ~Letter of Authorization Concurrent review of Site Development Plan? (J~Yes 401 Mclntire Road O Charlottesville. VA 22902 ':' Voice: 296-5832 '~' Fax: 972-412 121 ZMAs and Pro'ers: 4 Describe your request in detail and'include all pertinent information such as the numbers of persons involved in the use, operating hours, and any unique:f~'~g of the Use: ATTACHMENTS REQUIRED - provide two(2) copies of each: Recorded plat or boun~dary survey of the property requested for the rezoning. If there is no recorded plat or bol4ndary survey, please provide legal description of tt~ property and the Deed Book and pa~e number or Plat Book and page number. Note: If you are requesting a special use permit only for a portion of the property, it needs to be described or delineated on a copy of the plat or surveyed drawing. Ownership information - If ownership of the property is in the name of any type of legal entity or organization including, but not limited to, the name of a corporation, partnership or association, or in the name of a trust, or in a fictitious name, a' document acceptable to the County must be submitted certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be .~ c~c_~ ~ submitted containing the owner's written consent to the application. ,~r~-,~t; ~* ~'~'~- If the applicant is the agent of the owner, a document acceptable to the County must be .~,u.7~l-, ~..~o ~ subrmtted that is evidence of the existence and scope of the agency. ~PTIONAL ATTACHMENTS: c. Drawings or conceptual plans, if any. Additional Information, if kny. I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided is true and accurate to the best of my knowledge. Date Printed Name .~[~/~,~~.. Daytime phone number of Signatory Section 31.2.4.1 of the Albemarle County Zoning Ordinance states that, "The bc~ard ~f supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder~ Special use perm/ts for uses ag provided in this ordinance may be issued upon a finding by the board of supervisors that such use will not be of substantial detriment to adjacent property, that the character of the district will not be changed thereby and that such use will be in harmony with the purpose and intent of this ordinance, with the uses permitted by right in the district, with additional regulations provided in section 5.0 of this ordinance, and with the public health, safety and general welfare. The items which follow will be reviewed by the staff in their, analysis of your request. Please complete this form and provide additional information which will assist the County in its review of your request. If you need assistance filling out these items, staff is available. What is the Comprehensive Plan designation_ for this property? How will the proposed special use affect adfa~ent property? ~.~0 ~ ~'~_-"~' How will the proposed special use affect the character of the district surrounding the property? How is the use in harmony with the purpose and intent of the Zoning Ordinance? How is the use in harmony with th.e uses permitted by right in the district? What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use?~100/0 ~ How will this use promote the public health, safety, and general welfare o£the community? ALBEMARLE COUNTY ATTACHMENT B 44 32 SP 2001-22 Laser Tag at Planet Fun RI 0 . RIVANNA '~ dAGK JOUETT DISTRIGTS SECTION 45 .... .4. 7 ATTACHMENT C STAFF PERSON: PLANNING COMMISSION: ~BOARD OF SUPERVISORS: WILLIAM D. FRITZ FEBRUARY 28, 1995 MARCH 15, 1995 ZMA-94-24 C.' Todd Shields SP-94,44 C. Todd Shields · Applicant's Proposal: The applicant proposes to rezone approximately five acres from R-6 to C-1 and to have a special use permit approved for a commercial recreation center consisting of areas for bumper boats, childrens area, go-kart track, miniature golf course and batting cages and a building. Access to.the site is proposed from the existing Keglers access road and the proposed Berkmar Drive Extended. The applicant has provided the following justification for this request, ~The.proposed request is consistent with the existing uses in tiffs zoning district which allows for commercial uses as a matter of right. The proposed family recreation facility is both consistem and compatible with the nearby retail and commercial establishmems and will not change the character of the adjacent properties. In fact, many of the customers'of these establishments are anticipated to be customers of this facility. This type of facility should complimem the businesses within the vicinity. Therefore, this type of use will.not be a detriment but should be complementary to the adjacem property owners. The planned use as a recreational facility is also consistem with the imem of C-1 zoning district as a service and a public use establishment and is therefore in harmony with the imem of the zoning ordinance. The proposed'us as a family recreational facility helps fulfill a need in this area for additional good, clean family recreation activities," Petitions: ZMA-94-24. Todd Shields - Proposal to rezone approximately five acres from R-6, Residential to C-l, CommerCial, on property described as Tax Map 45, parcel 112 (part.of) located on the west side of Rt. 29N, west of the Keglers Bowling Alley/Miniature Golf course and' approximately 0.7 miles north of the Rio Road/Rt. 29N intersection. The site is in the · Charlottesville Magisterial District and is located in a designated growth area (Urban Neighborhood 1) recommended for Regional Service. SP-94-44 ¢. Todd Shields, Proposal to locate a commercial recreation establishmem [24.2,2(1)] on approximately five acres currently zoned R-6, Residential. (ZMA-94-24 C. Todd Shields is pending on this site). Property described as Tax'Map 45, Parcel 112 (,part of) is located on the west side of Rt. 29N, west of the Keglers Bow-ling Alley/Miniature Golf course and approximately 0.7 miles north of the Rio Road/Rt. 29N imersection. The site is in the Charlottesville Magisterial District and is located in a designated growth area (Urban NeighbOrhOod 1) recommended for Regional~ Service. 1 8 Character of the Area: This site is located adjacent to the existing Keglers Bowling Center. This site lies between Keglers and the proposed ali~eht Of Berkmar Drive Extended (currently under construction). The area is wooded with slightly rolling terrain. The detention basin serving this area is located to the southeast of the development. SUMMARy AND RECOMMENDATIONS: Staff has reviewed ZMA-94-24 for compliance with the Comprehensive Plan and the Zoning Ordinance and recommends approval. Staff has reviewed SP-94-44 for compliance with Section 31.2.4.1 of the Zoning OMinance and recommends approval. Planning and Zoning History: September 15, 1993 - The Board ot~Supervisors denied ZMA-93-09 which was a request to rezone this area from R-6 to HC, Highway Commercial. SP-93-20 and a site plan to allow commercial recreation accompanied the rezoning request and were not acted on due to the denial of the rezoning. ZMA-93-13 and SP-93-25 were submitted in December 1993, but were not processed. The request .were identical to those currently under review: The adjacent bowling alley was approved March 18, 1987 (SP-87-05) and the nearby~miniature golf course was approved November 6, 1991 (SP-91-29). The present applicant made a similar request for other locations, in the County. Comprehensive Plan: This area is recommended for Regional Service in Neighborhood One. The land located on the opposite side of the proposed Berkmar Drive Extended is recommended for Medium Density Residential. The non-residential .land use guidelines for Regional Service contained in the Comprehensive Plan contain the widest variety of uses. Recreation Facilities are consistent with Regional Service. The Comprehensive Plan (Open Space Plan) designates this area as an "important wooded area" and "buffer area" and states "encourage the preservation of existing wooded area as development occurs in Growth Areas. Maintain or establish wooded buffer areas between dissimilar land uses as development occurs". Due to the site topography a limited number of trees (possibly none) will remain undisturbed by the grading activities with the exception of the buffer between this site and the adjacent R-6 land. · However, in addition to other landscaping requirements, tree canopy provisions would need to be met in development of this site. The provisions of Section 32.7.9.9b 1 will require a 10 percent tree car~.opy. The Comprehensive Plan recommends the use of public utilities in Urban Neighborhoods. The existing public sewer serving this drainage basin is currently at capacity, however, methods to overcome this situation exist. REVIEW AND COMMENT; This request is similar tO that .submitted by the applicant in 1993. The previous request was to rezone this site to HC, Highway Commercial while this request is to rezone the site to C-l, Commercial. The previous request was recommended for approval by the Planning Staff and the Planning Commission. The Board of Supervisors failed to approve the re, zoning application and therefore the special use permit and site plan were not approved. Although the minutes of the Board of'Supervisors meeting are not yet available, review of the type of that meeting indicates that the Board did not approve the rezoning over concern of the loss of residential zoning near the Agnor-HUrt Elementary School. Staff recommendation relies heavily on the Comprehensive Plan which has not been revised and this area is still recommended for Regional Service. Staffwill review each request sepa~tely. The applicant's proposal is to rezone a portion of Parcel 112 from R-6 to C, 1. The Comprehensive Plan recommends this area for Regional Service. C-1 is an appropriate zoning in areas designated Regional Service. This site has an existing .access easement permitting access to Route 29 over the Keglers access road. No critical slopes are located on-site which would prohibit commercial development. The areas adjacent to this site are.also recommended for Regional Service. The land opposite Berkmar Drive extended is recommended for Medium Density Residential. Residential use of this land is unlikely as this site is located between existing commercial use (Keglers) vacant commercial land and Berkmar DriveExtended. The only negative factor staff has identified is the lack of sewer to the-site. This can be overcome by upgrading the existing Woodbrook Pump Station that serves this drainage basin, delaying development until gravity sewer is installed (estimated to be no earlier than 1998) or serving any use with a septic field. Staff opinion is that lack of sewer capacity at this time does not present a sufficient justification for denial as several alternatives are available and all can be addressed at the time of any development proposal. Any development -which occurs on-site will have to satisfy the tree canopy provisions. Due to the construCtion of Berkmar and alignment of this site with the roadway the existing vegetation will be removed. The operation of the landscape portion of the Zoning OrdinanCe will require revegetation as well as landscaping adjacent to the roadway and screening of objectionable features. These provisions combined with setbacks will mitigate adverse impacts to potential residential development on the opposite side of Berkmar Drive. RECOMMENDED ACTION: Staff opinion is that this request is in compliance with the Comprehensive Plan recommendations for the property. No proffers are proposed and staff opinion is that none are necessary as all issues which would be regulated by proffers can be addressed with site plan review (access, utilities, landscaping, buffers, etc.) Furthermore, C-1 is the lowest scale of commercial uses and uses by-right in C-1 fit within the Regional Service designation for this property in the Comprehensive Plan and are complimentary to other commercial uses in the area. Based onthe l0 above comments, Staff recommends approval of ZMAr94-24. SP-94-44 (TItlS REVIEW ASSUMES APPROVAL OF ZMA-94-24) The applicant is proposing a recreational facility containing a number of amusement features. Staffhas reviewed all recreational activities involving a special use permit submitted since 1970. These facilities have been for a broad range of uses including, but not limited to, skating rinks, dance halls, arcade, billiard center, indOOr tennis, miniature golf courses, and driving ranges. From the analysis of comments made in past reviews, the major issues involved for recreational activities have been impact on residential areas, and impact on schools (site suitability has been an issue in some cases, but is addressed by the requirements ora site plan)i Staffhas also reviewed traffic impact and security. Impact on Residentild Areas _ _:_-_ ! No dwellings are visible fi.om this s~e. The residue acreage of Parcel 112 will remain zoned R- 6, However, this area is recommended for Regional Service in the Comprehensive Plan. Due to the fact that the adjacent site is vacant and recommended for Regional Service, staffhas not reviewed potential'negative impacts to that site. The land opposite the proposed Berkmar Drive extended is currently zoned R-6 and is recommended for Medium Density Residential. (This land is in the path of the proposed Rt. 29 Bypass northern terminus relocation route and the Board has previously directed staff to re-evaluate this Comprehensive Plan designation in this review of the Comprehensive Plan.) Staff has reviewed noise impacts which may be caused by this use. In reviewing acoustical studies, staff is of the opinion that the distance of this use from potential residential development (300 feet) in combination with fencing and landscaping of this site should minimize impact. Impact on Schools This site is located approximately 1,800 feet (0.35 miles) distant fi.om the Agnor-Hurt School. A sidewalk is to be constructed with Berkmar Drive Extended. The principal of Agnor-Hurt has not expressed concern over the proposed use. Due to distance, staff opinion is that this use will not impact .the school. Traffic Imp~¢7 The Virginia Department of Transportation has reviewed this request stating that a commercial entrance will be required and that once Berkmar Drive Extended is constructed patrons should be encouraged t° use that road for access. Further comments fi.om VDOT state this rezoning will probably increase traffic generation. Access is recommended off of Berkmar Extended. Security Discussion with Lee Catlin of the police department did not identify any increased concerns of security at this site due to.the proposed use. Staff discussed the concentration of recreation activities in the area with the POlice department. The concentration of recreation does not present an increased security risk. SUMMARY OF SP-94 44 Staff has identified the following factors which are favorable to this request: 1. Activity is consistent with the Comprehensive Plan (recommended for Regional Service). The surrounding area east of the proposed,Berkmar Drive is zoned for commercial use or recommended for Regional Service. Staff has not identified any factors which are unfavorable to this request. Staff does note that as has been stated in the review for the rezoning on this site the existing sewer line serving this area is at capacity. Staffhas included conditions designed to address the discharge of water from the bumper boat pool (this condition assumes that this site is served by private septic system). RECOMMENDED A(~TION: - .-~. Staff recommends approval of SP.93-20 subject to the following conditions: RECOMMENDED CONDITIONS OF APPROVAL FOR $P-93-20; 1. No alcohol sales; The bumper boat pool shall not be constructed until a method of handling: the waste water has been approved by the Department of Environmental Quality; Fencing on the east, north and south side of the recreation area shall not be bonded and shall be installed prior to the issuance of a certificate of occupancy; 4. Compliance with Section 4.14.1 of the Zoning Ordinance; Uses shall be limited to go-cart track, batting cages, miniature golf, arcade, bumper boats, snack bar, and children's play area. Hours of operation limited to 9:00 a.m. to 12.~,$ a.n-e, except for Fridays and Saturdays when the facility may be operated from 9:00 a.m. to 1:00 a.m. ADDITIONAL COMMENTS: A site plan was previously submitted with ZMA-93-09 and SP-93-20. That plan was reviewed by the Site Review Committee. Staff has not identified any changes in circumstance or ordinanceg which would modify the previous comments. Standard conditions of approval will adequately address all site plan issues. The only item which requires Planning Commission review for approval of the site plan is the use of private septic systems which is permitted in accord with Section 32.7.5.1 which states: 12 "Within the service areas of the Albemarle County Service Authority and where the commission determines public water and/or s~W~er to be reasonably available, such service shall be extended by the developer. All such facilities shall be constructed to' Albemarle County Service Authority specifications and dedicated to the Albemarle County Service Authority. Except as otherwise provided by Albemarle County Service Authority policy, all costs shall be borne by the developer." The developer will connect to public water. Attachment C is fi.om the Albemarle County Service Authority. The existing pump station serving this drainage basin requires upgrading which will involve physical improvements and the platting of an access easement on property not owned by the applicant. During the review of the miniature golf course located in from of Kegler's, the Planning Commission did authorize the use of private septic. The Commission authorized the use of private septic for the site currently under review during the August 1993 review of ZMA-93-09 and SP-93-ZO subject to the following condition: At such time as a sewer line~vith adequate capacityis in place within 200 feet of the building, the applicant shall connect to public sewer. RECOMMENDED ACTION; While the use of private septic has been previously approved, staff opinion is that reapproval . should occur as the original' review was in the context of a specific special use permit which was not approved. Staff notes that if the Planning Commission approves this request staff will verify adequate sewer facilities prior to signing the final site plan. ATTACHMENTS: A - Location Mip B - Tax Map C - Albemarle County Service Authority Comment D - Site Plan A:\SHIF-LDS.RPT MTN SP-94-44 C. Todd Shields L CHARLO]q~ES- VILLE IATTACHMENT A I ;795 EARLYSVILLE AREA M {)flhcellO / 14 ALBEMARLE COU! 3~ 45¢ 50E 44 3F3 G3 ~. J~ Z~LA 94-24 &SP 94-44 C. Todd Shields -- 7D C1/ R210 )DSC" 61 CHARLOTTESVILLE, RIVANNA JACK JOUETT DISTRICTS SECTION 4-5 PAGE NUMBER 15 JATTACHMENT C~ ALBEMAPLE F. poM DATE. OOUNTY SERVICE AUTHORITY I"V] E M 0 WiYliam D. Fritz, Senior Planner Paul A. Shoop, Director of Engineeri RECEIV'E 1995 Planning Dept. August 17, 1993 Sanitary Sewer Service West of Rt. 29 in the Woodbrook Drainage Basin No residual capacity exists in the Woodbrook pump station serving Keglers andSpart of the Woodbrook subdivision. Development in that area will require replacing the pump station either with a new station or a gravitY sewer. Late in 1990 we discussed upgrades with Frank Stoner, C. W. Hurt and Wendell Wood. In an effort to -"phase" the replacement system we told them we would consider pumping options as they could be achieved with the following investment levels: Increase capacity/46,000 gpd(new pump station) Increase capacity/ll4,O00 gpd(force main) Increase capacity to meet basin need (gravity sewer) Total Upgrade Cost $117,600 55,000 54r000 $226,60'0 The alternative to the above is a gravity sewer through Carrsbrook. A preliminary estimate to construct this sewer is $350,000.00. In 1990 the attractive solution was to construct the pump station in phases %vith contributions from the primary property owners in the basin. A contract acceptable to all parties has yet-to be drafted. Our current capital improvement program includes a line item for the gravitY sewer. This project is not proposed to be funded in the current biennium, but has been identified as a potential project between 1995 and 1998. A lot of factors play in funding, a project during a current biennium, and there are no guarantees the sewer project will occur before 1998. I hope this information will give you some background for projects proposed within .,this basin. If you have any questions feel free to call. PAS:dmg TF 1 II t / ,, / / / / /~'/)1, ! ---520 /./ // t / / RECEIVEI ~u~; ~ I003 Planning De ADVF. NTURE~HO FAMIL7' FUN PARI~ )t. 19 ATTACHMENT D March 20, 1995 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mclntire Road Charlottesville, Virginia 22902-4.596 (804) 296-5823 C. Todd Shields P. O. Box 7095 Charlottesville, VA 22906 RE: ZMA-94-24 Todd Shields SP-94-44 Todd Shields Dear Mr. Shields: The Albemarle County Board of Supervisors, at its meeting on March 15, 1995 took the following actions: ~MA-94,24 Todd Shields - Approved the request to rezone approximatley 5.0 acres from R- 6 to C-1. SP-94-44 Todd Shields - Approved the request to establish a commercial recreation establishment on approxmately 5 acres zoned C-1 Commercial. Please note that this approval is subject to the following conditions: 1. No alcohol sales; 2. The bumper boat pool shall not be constructed until a method of handling the waste water has been approved by the Department of Environmental Quality; 3. Fencing on the east, north and south side of the recreation area shall not be bonded and shall be installed prior to the issuance of a Certificate of Occupancy; 4. Compliance with Section 4.14.1 of the Zoning Ordinance; 2O Page 2 March 20, 1995 Uses shall be limited to go-cart track, batting cages, miniature golf, arcade, bumper boats, snack bar and children's play area; and o Hours of operation limited to 9:00 a.m. to 12:00 a.m. (midnight), except for Fridays and Saturdays when the facility may be operated from 9:00 a.m. to 1:00 a.m. Before beginning this use, you mu~ obtain a zoning clearance from the Zoning Departrtrent. Before the Zoning Department Wil-~issue a clearance, you must comply with the conditions in this letter. For further information, please call Jan Sprinkle at 296-5875. If you should have any questions or comments regarding the above-noted action, please do not . hesitate to contact me. Sincerely, Ronald S. Keeler Chief of Planning RSK/jcw cc: Jo Higgins Amelia McCulley David P. Bowerman Rio Lindsa~ (3. Dorrier, ,Jr. Scotts~ille Charlotte Y. Hurnphris -Jack ,Jouett COUNTY OF ALREMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX [804) 296-5800 Charles S. Martin Walter E Perkins White Hall Sa~y H. Thomas Samuel Mill~ September 7, 2001 Mr. Mark Keller 301 East High Street Charlottesville, VA 22902 RE: ZMA 2001-011 Pantops Place Tax Map 78, Parcels 55A(1) and 55A(5) Dear Mr. Keller: Due to a scheduling conflict, this item will not be heard at the Board of Supervisors meeting of September 19, 2001. This letter is to notify you that your above-referen ced petition, has been rescheduled for public hearing by the Board for WEDNESDAY, OCTOBER 3, 2001. Since this is the regular day meeting of the Board of Supervisors, public hearing items have been scheduled to begin at 2:00 p.m., Meeting Room #241, Second Floor, County Office Building, 401 Mclntire Road, Charlottesville, Virginia. You will receive a copy of the tentative agenda prior to the Board meeting. YOU OR YOUR REPRESENTATIVE MUST BE PRESENT AT THIS MEETING We apologize for any inconvenience this may cause and appreciate your understanding. If you have any questions, please do not hesitate to contact me. Sincerely, Clerk cc: V. Wayne Cilimberg Elaine K. Echols Amelia McCulley Jack Kelsey Tom Frank/American Senior Housing Printed on recycled paper David P. Bowerman P~o Lindsay G. Dottier, Jr. Charlotte Y. Humphris Jack ,Iouett COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Chadottesville, Vircnia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Rivanaa Walter E Perkins Whit~ Hall Sally H. Thomas Samuel Miller September 7, 2001 WESTMINSTER-CANTERBURY OF THE BLUE RIDGE G H LAND TRUST EASTER FAMILY LIMITED PARTNERSHIP WORRELL LAND & CATTLE RE: ZMA 2001-011 Pantops Place Tax Map 78, Parcels 55A(1) and 55A(5) Dear Sir or Madam: This letter is to notify you as an adjacent property owner of the above-referenced petition described as follows: ZMA-2001-011 Pantops Place (Sign Ct 56 & 57) - Request to amend proffers for the approved Pantops Place PRD Planned Residential Development. The property, described as Tax Map 78 Parcels 55A(1) and 55A(5), is located in the Rivanna Magisterial District on Richmond Road - U.S. Route 250 at the corner of Pantops Mountain Road and Route 250. The Comprehensive Plan designates this property as urban density residential (6 - 34 dwellings per acre) in the Pantops Development Area. Due to a scheduling conflict, this petition has been rescheduled for review and public comment by the Board of Supervisors on WEDNESDAY, OCTOBER 3, 2001. Since this is the .regular day meeting of the Board of Supervisors, public hearing items have been scheduled to begin at 2:00 p.m., Meeting Room #241, Second Floor, County Office Building, 401 Mclntire Road, Charlottesville, Virginia. You may review the file in the Planning Department, at the address above. If you should have any questions, comments or observations concerning this petition, please do not hesitate to contact me at (804) 296-5843. cc: V. Wayne Cilimberg Elaine K. Echols Sincerely, I a W. Carey Clerk Printed on recFcled paper AFFIDAVIT DATE- September 10, 2001 !, Ella Washington-Carey, hereby certify that the attached notice(s) was sent on the above date to all persons listed on said notice. Ella Washingt0'~:Carey, Clerl~~ Board of Supervi~l:;~ Given under my hand in the County of Albemarle, State of Virginia this loth day of September, 2001. (_./Notary Public My commission expires December 31, 2002. FILE: ZMA 2001-011 Pantops Place David P. Bowerman Rio l_inclsay G. Dottier, Jr. Charlotte Y. Hurnphds Jack Joueit COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntke Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Walter E Perkins White Hall Sall~ H. Thomas Samuel. ~ September 7, 2001 Mr. Bob Cotley 3350 Berkmar Dr. Charlottesville, VA 22901 RE: SP 2001-022 Laser Tag @ Planet Fun Tax Map 45, Parcel 1120 Dear Mr. Colley: Due to a scheduling conflict, this item will not be heard at the Board of Supervisors meeting of SePtember 19, 2001. This letter is to notify you that your above-referenced petition, has been rescheduted for public hearing by the Board for WEDNESDAY, OCTOBER 3, 2001. Since this is the regular day meeting of the Board of Supervisors, public hearing items have been scheduled to begin at 2:00 p.m., Meeting Room #241, Second Floor, County Office Building, 401 Mclntire Road, Charlottesville, Virginia. You will receive a copy of the tentative agenda prior to the Board meeting. YOU OR YOUR REPRESENTATIVE MUST BE PRESENT AT THIS MEETING. We apologize for any inconvenience this may cause and appreciate your understanding. If you have any questions, please do not hesitate to contact me. cc: V. Wayne Cilimberg Juandiego Wade Amelia McCulley Jack Kelsey Planet Fun, LLC Piedmont Amusements, Inc. Sincerely, Clerk Printed on recycled paper David P. Bowerman Rio Lindsay G. Dorrier, Jr. Sco~sville Charlo~e Y. Humphris Jack Jouett COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Walter E Perkins White Hall Sally H. Thomas Samuel Miller September 7, 2001 ALBEMARLE S P C A & STUARD R WOOD JR & MARGARET E KEGLERS OF CHARLOTTESVILLE LOWES INVESTMENT CORP #341 TAYLOR, MICHAEL HARVEY OR TRUDY JOHNSTON TAYLOR UNIVERSITY OF VIRGINIA EMPLOYEES CREDIT UNION INC WOOD, STUARD R JR &MARGARET E RE: SP 2001-022 Laser Tag @ Planet Fun Tax Map 45, Parcel 112G Dear Sir or Madam: This letter is to notify you as an ad.iacent property owner of the above-referenced petition described as follows: SP-2001-022 Laser Tag at Planet Fun (Sign #39) - Request for a special use permit to add laser tag game at an existing commercial recreation establishment in accordance with Section 18-22.2.2.1 of the Zoning Ordinance which allows for commercial recreation establishment. The property, described as Tax Map 45 Parcel 112G, contains 4.834 acres, and is located in the Rio Magisterial District on Berkmar Drive [Route # 1403] approximately 0.7 miles north from the intersection of Rio Road and Rt. 29N. The property is zoned commercial -C-1. The Comprehensive Plan designates this property as Regional Service in Urban Neighborhood 1. Due to a scheduling conflict, this petition has been rescheduled for review and public comment by the Board of Supervisors on WEDNESDAY, OCTOBER 3, 2001. Since this is the regular day meeting of the Board of Supervisors, public hearing items have been scheduled to begin at 2:00 p.m., Meeting Room #241, Second Floor, County Office Building, 401 Mclntire Road, Charlottesville, Virginia. You may review the file in the Planning Department, at the address above. If you should have any questions, comments or observations concerning this petition, please do not hesitate to contact me at (804) 296-5843. cc: V. Wayne Cilimberg Juandiego Wade Sincerely, '~11;2' Carey Printed on recycled Paper AFFIDAVIT DATE- September 10, 2001 I, Ella Washington-Carey, hereby certify that the attached notice(s) was sent on the above date to all persons listed on said notice. Given under my hand in the County of Albemarle, State of Virginia this loth day of September, 2001. c.,- ,- -, /Notary Public My commission expires December. 31, 2002. FILE: SP 200"1-022 LaserTag @ Planet Fun David P. Bowerman Lindsay G. Dorrier, Jr. Scottsville Charlotte Y. Humphds Jack Jouett COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Walter E Perkins White Hall Sally H. Thomas Samuel Miller September 7, 2001 Mr. Joseph M. Cochran P. O. Box 559 Charlottesville, VA 22902 RE: SP 2001-024 Baker After School Program Tax Map 58, Parcel 82 Dea¢ Mr. Cochran: Due to a scheduling conflict, this item will not be heard at the Board of Supervisors meeting of September 19, 2001. This letter is to notify you that your above-referenced petition~ has been rescheduled for public hearing by the Board for WEDNESDAY, OCTOBER 3, 2001. Since this is the regular day meeting of the Board of Supervisors, public hearing items have been scheduled to begin at 2:00 p.m., Meeting Room #241, Second Floor, County Office Building, 401 Mclntire Road, Charlottesville, Virginia. You wil~ receive a copy of the tentative agenda prior to the Board meeting. YOU OR YOUR REPRESENTATIVE MUST BE PRESENT AT THIS MEETING. We apologize for any inconvenience this may cause and appreciate your understanding. If you have any questions, please do not hesitate to contact me. cc: V. Wayne Cilimberg Joan D. McDowell Amelia McCulley Jack Kelsey Jonathan & Julie Baker Sin cerely, Clerk Printed on recycled paper AFFIDAVIT DATE- September 10, 2001 [, Ella Washington-Carey, hereby certify that the attached notice(s) was sent on the above date to all persons listed on said notice. / Given under my hand in the County of Albemarle, State of Virginia this 10~ day of September, 2001. l~targ Public My commission expires December 31, 2002. FILE: SP 2001-024 Baker After School Program Laurie Ben, tl,ey From: Sent: To: Subject: Ella Carey Tuesday, October 02, 2001 10:27 AM Laude Bentley FW: SP 2001-024 Baker After School PrOgram FY[ -mOdginal Message.--- From: Wayne Cilimberg Sent: Tuesday, October 02, 2001 10:16 AM To: Charles Martin; Charlotte Humphris; David Bowerman; Lindsay Dottier; Sally Thomas; Walter Perkins Cc: BOb Tucke~, Larry Davis; Ella Carey; Joan McDowell; Jan Sprinkle Subject: FW: SP 2001-024 Baker Af~ School Program FYi for tomorrow's meeting. You will see that the applicant is requesting a change in Condition #2. Condition # 2. currently states, "Three adults shall supervise the children at all times." The applicant requests a supervision ratio of 1 adult per 5 children. I propose the following substitute condition #2. to reflect the applicant's request: 2. The children shall be supervised by one adult per five children at all times. By copy of this e-maid I invite Larry, Joan and Jan to offer any other suggestions for this substitute condition sh auld the Board chose to accept the applicant's request. m-Original Message--- From: Joan McDowetl Sent: Tuesday, October 02, 2001 9:00 AM To: Wayne Cilimberg Subject: FW: SP 2001-024 Baker After School Program Wayne: FY]; the Baker after school's attorney has requested a minor change in a condition of approval. ]; have no objections, os two people for 10 kids seems adequate. ]; have had quite a few calls and drop-ins from neighbors, including an ex-planning commissioner (woman, can't remember her name). They don't seem too concerned about this application any more, but they are concerned about what the Bakers might do next. One neighbor this week was var7 concerned that they might have o Wayside Stand os a by-right and oil the traffic that would generate. ~Toon Mcbowell Principal Planner County of Albemarle j~ ~o~ell~albemoH e.o _r'9 Pho~e 434/296-5823 ..... Or'iginal Message ..... Ft, om: jmc~r,ichfish.com [SN[TP:,imc~Hchfish. cam] < mailto: [SMTP:jmc,~Hchfisho cam] > Sent: Tuesday, October 02, 2001 8:52 AN[ To: ecary~albemorle.orq Cc: ,Toan Mcbowell ,Subject: 5P ZOOt-024 Baker After School Program I~ar N[s. Washington-Cory, We represent the Bakers in the above-referenced matter which is scheduled to be considered by the Board tomorrow at 2 PM. T have received ,Toan McDowell's letter of Sept. 27 which lists the conditions recommended by the Planning Commission. ]; am writing to reque~ one change to condition 2. Currently, the Bakers have i0 children enrolled to begin the program, and they have two adults hired to supervise the program. This Of course iS contingent on the Board approving the permit. Condition 2 requires supervision of three adults at all times..We reques'r that the condition require supervision of one adult per five children. Please forward this request to the Board. ]~ will attend the public hearing tomorrow at 2 PM and will be available to answer questions that the Board mc~/have. ~Toseph M. Cochran Attorney at Law Richmond and Fishburne, L.L.P. 214 East High Street Charlottesville, VA (434) 977-8590 (434) 8:~7-5217 - FAX COUNTY OF ALBEMARLE 09- Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 P03:28 tN September 27, 2001 Joseph M. Cochran P O Box 559 Charlottesville VA 22902 RE: SP-2001-024 Baker After School Program Tax Map 58, Parcel 82 Dear Mr. Cochran: The Albemarle County Planning Commission, at its meeting on August 28. 2001 unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: The maximum number of children enrolled in the private school shall not exceed 15 at any time. Three adults shall supervise the children at all times. The children shall be transported to and from the property as a group. The pick up or drop off of individual children shall not be permitted except for medical, family and weather-related emergencies. The days of operation shall be limited to two days per week and the hours of operation shall be limited to 2:30 P.M. to 5:30 P.M. on the days of operation. Expansion of the facilities for the private school shall require an amendment to this special use permit. Approval by the Health Department for the private school shall be required prior to commencement of the private school Please be advised that the Albemarle County Board of Supervisors will review this petition and rebetve public comment at their meeting on October 3, 2001. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, (doan McDowell Principal Planner JM/jcf Jack Kelsey Bob Ball Amelia McCulley Steve AIIshouse STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Joan D. McDowell August 28, 2001 Revised for the September 19, 2001 Meeting SP 01-24 Baker After School Care Program Applicant's Proposal: The applicant has proposed a private school program for 10 to 15 children between the ages of six and eleven years. The applicant's representative has advised that the children will be selected from two elementary schools, Meriwether Lewis and Greer, and that participation will be based on economic factors. The children will be transported to the site by a privately owned van or by a school bus on its regular route. They will be taken home by the van. The hours of operation will be from 2:30 P.M. to 5:30 P.M. on Tuesdays and Thursdays during the school year. The children will participate in the care of farm animals, riding, crafts and general agricultural activities under the supervision of three adults. Indoor activities will take place insi'de a two-story combination barn, house and offices currently under construction. Petitions:' Request for special use permit to allow a private school for 10-15 under-privileged children two days per week between the hours of 2:30 P.M. and 5:30 P.M., in accordance with Section 10.2.2.5 of the Zoning Ordinance which allows for private schools. The property, described as Tax Map 58 Parcel 82, contains 40.055 acres, and is located in the Samuel Miller Magisterial District on the west side of Route 676 and north of Route 2'50 at 1040 Owensville Road. The property is zoned RA, Rural Areas. The Comprehensive Plan designates this property as Rural Area. Character of the Area: The area is characterized by a mixture of residential and agricultural uses. The Meriwether Hills subdivision is on the opposite side of Owensville Road and the Lewis Hill West subdivision is on the north side of the property. The subject parcel is generally wooded, with the building currently under construction in a cleared area in the center of the site. Planning and Zoning History: November 1998 -A one-lot subdivision of 6.73 acres, leaving 4 development rights SP 01- 24 REV. 9/13/01 SUB 2001-014 A one-lot subdivision for Parcel X (2.05 acres) leaving 3 development rights is under' review Commercial Entrance A commercial entrance was required by the Virginia Department of Transportation, when the property owner contemplated a commercial riding/boarding stable. The commercial entrance has been constructed. The commercial stable is not a consideration at this time, according to the applicant. Comprehensive Plan: The subject property is within the Rural Area land use designation of the Comprehensive Plan. The proposed private school would not increase the level of traffic to an unacceptable level for the Rural Area, as a van would be used to transport children two days per week. No additional structures or impervious surfaces would be required. Agricultural activities would be used to provide the children rural experiences. RECOMMENDATION: Staff has reviewed these requests for compliance with the provisions of Section 31.2.4.1 of the zoning ordinance and recommends approval of the special use permit, based on the consistency with the Comprehensive Plan. STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue ail special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property. The proposed private' school would not be of substantial detriment to adjacent properties, as traffic would be limited; days and hours of operation would not interfere with normal activities of adjacent residences; children would be supervised at all times; the number of children participating in the school would be limited. No additional structures would be required for the operation of the school. SP 01- 24 REV. 9/13]01 ~ that the character of the district will not be changed thereby, The existing structure is not visible from the road and activities of the children would be consistent with agricultural activities in the RA. and that such use will be in harmOny with the purpose and intent of this ordinance, The proposed private school would be in harmony with the ordinance, as the applicant has requested and recommended conditions of approval would ensure minimal impact on the property and the area. with the uses permitted bv right in the district, The proposed maximum of fifteen children, under supervision, two afternoons a week would not conflict with uses permitted by right in the district. with additional regulations provided in Section 5.0'of this ordinance, No regulations provided in Section 5.0 of the zoning ordinance apply to private schools. and with the public health, safety and general welfare. The children will be under supervision and the applicant or the school system will provide transportation. The public health, safety and welfare would not be endangered. SUMMARY: Staff has identified the following factors favorable to these applications: 1. The proposed private school would provide a service to the community. 2. The proposed private school of this scale would not compromise the integrity of the community or the Rural Area. SP 01- 24 REV. 9/13/01 Staff has identified the following factor unfavorable to this application: Mitigation measures, through conditions of approval, are recommended to maintain limited impact of the use (transportation, hours of operation, number of students): RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends that SP 01-24 Baker After School Program be approved subject to the following conditionsi 1. The maximum number of children enrolled in the private school shall not exceed 15 at anv time. 2. Three adults shall supervise the children at all times. 3. The children shall be transported to and from the property as a group. The pick up and drop off of individual children shall not be permitted except for medical, family and weather-related emergencies. 4. The days of operation shall be limited to two days per week and the hours of operation shall, be limited to 2:30 P.M. to 5:30 P.M. on the days of operation. 5. Expansion of the facilities for the private school shall require an amendment to this special use permit. 6. Approval by the Health Department for the private school shall be. required prior to commencement of the private school. Attachments: A B C SP 01-24 Baker After School Program Application Baker After School Program Plan dated July 6, 2001 Location Map SP 01- 24 ,REV. 9/13/01 4 Describe your request in detail and include all pertinent information such as the numbers of persons involved in the use, operating hours, and any unique features of the use: See attachment. ATTACHMENTS REQUIRED - provide two(2) copies of each: Recorded plat or boundary survey of the property requested for the rezoning. If there is no recorded plat or boundary survey, please provide legal description of the property and the Deed Book and page number or Plat Book and page number. Note: If you are requesting a special use permit only for a portion of the property, it needs to be described or delineated on a copy of the plat or surveyed drawing. Ownership information - If ownership of the property is in the name of any type of legal entity or organization including, but not limited to, the name of a corporation, partnership or association, or in the name of a trust, or in a fictitious name, a document acceptable to the County must be submitted certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application. If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. OPTIONAL ATTACHMENTS: Drawings or conceptual plans, if any. Additional Information, if any. I hereby certify that I own the subject property, or have the legal power to act 6n behalf of the owner in filing this application. I also certify that the information provided is true and accurate to the best of my knowI_...~dge. · ~~ature D Daytime phone number of Signatory Section 31.2.4.1 of the Albemarle County Zoning Ordinance states that, "The board 0f supervisors hereby reserves unto itself the right to issue all special use permits permitted hereUflder'. Special use permits for uses as provided in this ordinance may be issued upon a finding by the board of supervisors that such use will not be of substantial detriment to adjacent property, that the character of the district will not be.changed thereby and that such use will be in harmony with the purpose and intent of this ordinance, with the uses permitted by right in the district, with additional regulations provided in section 5.0 of this ordinance, and with the public health, safety and general welfare. The items which follow,will be reviewed by the staff in their analysis of your request. Please complete this form and provide additional information which will assist the County in its review of your request. If you need assistance filling out these items, staff is available. What is the Comprehensive Plan designation for this property? Howwilltheproposedspecialuseaffectadjacentproperty? It' will not' affect adj art'.tnt, property. The use will be conducted at a barn facility which is out of sight from most adjacent properties. Howwilltheproposedspecialuseaf~ctthecharacter°fthedistrictsurr°undingthepr°perty? The use will not affect the character of the district surrounding the property. HowistheuseinharmonywiththepurposeandintentoftheZoningOrdinance? The use will be conducted in such a way as to minimize the impact on surrounding properties. It will be a need while being compatible with surrounding properties. a use that fills Howistheuseinharmony withtheusespermittedbyrightinthedistrict? number of' children which is in keeping with the The use will serve a small rural and residential uses of surrounding properties. WhatadditionalregulationsprovidedinSection5.0oftheZoning Ordinanceapplytothisuse? None. How willthisusepromotethepublichcalth, sa~ty, andgeneralwelfare°fthec°mmunity? The use will provide a quality,after school program to a small number of needy children in a that is both beautiful and isolated from its neighbors such that its impact on surrounding properties will be non-existant. County of Albemarle 4- Department of Building Code ani^TT^CHMENT ^ OFFICE USE O~LY_ [ 0 D_ 0 0 O_ 0 0'0 , J .Application for Special Use Permit Project Name ¢ho~, Should we refer to thts application'?) *Existing Use Rural/Barn Use Baker After School Program *Zoning District RA (*staff will assist you with these items) Number of acres to be covered by Special Use Permit (ir ~ por.o, it must De delineated on plat) IS this an amendment to an existing Special Use Permit? Are you submitting a site development plan with this application? Proposed Use see attachment *Zoning Ordinance Section number requested I ~, ~ , ~- ' ~ ba.rn & surrounding area ~ Yes~ No ~dce ~ Yes~ No Contact Person (Whom should we call/write concerninfl this project?): Joseph M· Cochran Address P.O. Box 559 City Charlottesville State VA Zip 22902 Daytime Phone ( 804 ) 977-8590 Fax# 817-5212 E-mailjmc.~r±chf±sh'~ Owner of land (As listed in the County's records): Address ~400 Owensv±lle Road Fax # Daytime Phone( 804 ) 293-7458 CityCharlottesvilleState VA Zip 22901 N/A E-mail N/A Applicant (Who is the contact person representing? Whois requesting tl~especial usc?): Jonathan and Julie Baker Address 1400 Owensville Road CityCharlottesvilleState VA Daytime Phone ( 804, ) 293-7458 Fax# N/A E-mail N/A Zip 22901 Taxmap andparcel ~ 58-82 Location of property (landmarks, intersections, or other) Physical Address (if assigned) Does the owner of this property OWll (OF have any ownership interest il-t) any abutting property? lthose tax map and parcel numbers 58-76 If yes, please list OFFICE USE OnLY Fee amount $ · History: El Special Use Permits: .~ ' 0 t q ~ Variances: Date Paid /-~//'~/ Concurrent review of Site Development Plan? [] ZMAs and Proffers: aO1 Mclntire Road ':' Charlottesville. VA 22902 ':' Voice: 296-5832 ~4~'Etter of Authorization t~ f-'~ ~ ~c:~ ~/-C~-UI No · :- Fax-: 972-4126 ~ . \ x.~.~.. ,/" .ATTACHMENT B -::,.:'~,-' ,,,. x % / ~ P~, I~ p, tl4 --' ~ : ~/ ~ 7- - ~ - ', / ~ · . ~, :~~ . / ~o, ,, /~ ' I.~ ' "-. :1', ', I = ~-- ~% ~/ / ~ ~ X x7x ~ I ,.~_ /.~ ,'. '-.. ',1: N .I ,~ .' - /~.~ / x xNh /V ', ~'. . ,,,:;.: N, . ,/ 5 / 'xx,'x /," ," ~ ...... .,~., . . N , _ ' I I~ /:., x, ROUDABUSIt, GALE & ASSOCIATe, INC. ~ lUe~/~l'fl::Xq~ AND LAND PI..ANNER~ 09' JULY 6, 2001 SHEET D.~. 9~O p. / ! / / / ? / ; /. ! / / ! T~{x I~p~ Jui31th E~lle~ ~ker D.~. 2021 pp, ~ AND VAN Note C~hlicl clcJHvit~j ~111 oe jgrlmclrll~ in'th~ ~rn. However, ~r~nmng Exl-~tlncj '/ "- Drive /--APPROXIHA T~ RIDING 0 20" "'x : : 20 40 60 REVISIONS Aug I. 200% 1' · 20 N/k FILE NUMBER 5853 I ] Of ~ 4~ ATTACHMENT C NC SG 57 44 59 ,,., % /249 74 SAMUEL MILLER DISTRICT 100 \ SECTION 58' COUNTY OF ALBEMARLE Department of Pl,anning & Community Development 401 Mc~ntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 September 7, 2001 Mark Keller 301 East High Street Charlottesville, VA 22902 RE: ZMA-2001-011 Pantops Place; Tax Map 78, Parcels 55A(1) and 55A(5) Dear Mr. Keller: The Albemarle County Planning Commission, at its meeting on August 28, 2001 ,unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the attached proffers (copy attached). Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on October 3, 2001. Any new or additional information regarding your application must be submitted to the Clerk of the-Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Elaine K. Echois, AICP Principal Planner EKE/jcf Cc: Ella Carey Jack Kelsey Bob Ball Amelia McCulley Steve AIIshouse 09-10-01 Al0:31 IN PROFFER FORM Original Proffer Amended Proffer X (Amendment # i__) Date: August 28, 2001 ZMA #2001o011 Pantops Place Tax Map 78 and Parcel Numbers 55AI and 55A5 12.3 Acres to be rezoned from PRD to PRD Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agen/°~i hereby voluntarily proffers the conditions listed below which shall be applied to the property, ifrezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezonmg itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezomng request. 1. The proffers dated January 1 I, 2000, approved by the Albemarle County Board of Supervisors on January 12,. 2000, consisting ora signed 1.e~er dated January 5, 2000 from the owners to Elaine Echols shall remain m place with one exception. Proffer 4~I be replacer/with the languaode below: (4.1~. The applicant shall provide for access to the adjoining property described as Albemarle County Tax Map 78, parcel 55Ao if the owner of Pantops Mountain Road, Westminster Canterbury of the Blue Ridge of its assigns, agrees to provide such access over Pantops Mountain Road. If the owner of Tax Map 78 parcel 55A3 receives permission for such access from the owner of Pantops Mountain Road, use of this access will require approval as a private road under the Albemarle County Subdivision Ordinance. Th/s accessway across Tax Map 78 parcels 55A1 and 55A5 shall be shown on the site plan for development of "Lot C". "Lot C" is shown on the attached plat entitled, "Subdivision Plat showing Lots A, B, and C for Tax Map 78 Parcels 55A(1) and 55A(5)" dated June 19, 2001 surveyed by Thomas B. Lincoln. S~'gn~t~re-s of All O~ners ' Printed Names of All Owner~ Da~e Si .g~xature of Attorney-in-Fact (Attach Proper Power of Attorney) OR Printed Name of Attorney-in-Fact SUBDIVISION PLAT SHOWING LOTS A, B AND C TAX MAP 78 PARCELS 55Ai1).AND 55A(5) ALSO SHOWING A NEW 15' CONSERVATION EASEMENT AND 30' ACCESS EASEMENT LOCATED ON U.S. ROUTE 250 RIVANNA MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA JUNE 19, 2001 OWNERS' APPROVAL: ThE DIVISION OF THE LAND DESCRIBED HEREIN IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED CWNERIS). PROPRIETORIS] AND TRUSTEEIS). ~'.t,"Y REFERENCE TO FUTURE POTENTIA_ DEVELOPMENT S TO BE DEEMED AS THEORETICAL ONLY ALL STATEMENTS AFFtX,=D TO TH. IS PLAT ARE TRUE AND CORRECT TO THE BEST OF .MY KNOWLEDGE. 3IGNED HOTARY PUBLIC STATE OF COUNTY OF THE FOREGOING WAS ACKNOWLEDGED BEFORE ME THIS __ DAY OF 20. BY DATE MY COMMSSION EXPIRES: OWNER TMP 78-5CA(lb AMERICAN SENIOR HOUSING. LC 3739-C PICKETT ROAD FAr'FAX. VA 2203~1 D.B. 1929 P, 707 D,B, 1288 P 578 D.B, 1288 P 339 COMM. OF VA D,B. 1129 P. 389 COMM. OF VA D.B. 1035 P. 371 PLAT D.B, 1035 P 363 D.B, 505 P. 260 DB. 427 P. 215 PLAT OWNER TMP 78-55AI5] AMERICAN SEHIOR HOUSING, LC 3139-C PICKETT ROAD E'AIRFAX. VA 22031 DB, ~929 P 699 DB 1594 P. 92. 93 PLAT D B 1281 P. 151 DB 1136 P 361 COMM OF vA DB 1035 P 371 PLAT D B. 1035 P. 354 COMM OF; VA NOTARY PUBLIC BOUNDARY CURVE DATA. C1 R:~34.02' A=113.93' T:60,66' C~t10.53' CB,N73*24 '44"E DELTA= 48"42'18" C2 R-'209.94' A:136.96' T=71 02' C~134.54' CB:N79'04'31"E DELTA: 37'22'43" 03 R:209.94' A:27 51' T=13.82' C-'27 59' CB=N56'37'09"E DELTA= 7°32'02" C4 R=209.94' A=165.21' T~87.15' C=160.98' CB=N30'16'30"E DELTA-. 45°05'15'' COUNTY APPROVALS ALBEMARLE COUHTY THE ..'-!;D USE REGULATIONS LISTED HEREIN ARE :MPOSED TO T-~E ALBEMARLE COUNTY ZONING ORDINANCE Ihl EFFECT CN THIS DATE :I.;D -'RE SHOWN FOR INFORMATION PURPOSES ONLY T~--" .--'.RE . :'JOT -~ESTR',CTIVE COVENANTS RUNNING WITH THE LAND AND -mE:R APPEARANCE ON THIS PLAT IS NOT INTENDED TO MPOSE THEM AS EACm LOT CONTAINS AT LEAST 30.000 SF OF BU~LDABLE ARE-' LESS THAN 25% SLOPE TAX MAP 78 PARCELS 55A[1| AND 55A{5] ARE HEREBY COMBINED AND REDIVIDED. THERE ARE NO PUBLIC UTILITY AND DRAINAGE EASEMENTS ON THIS PROPERTY ACCESS EASEMENT CURVE DATA 05 R:150.00' A:88.64" T:45.66' 0=87.38' CB:N80*20'13"E OELTA; 33'51'35" C5 R=50.00' A~9 01' T~26 67' C=47 07' CB~N69'11'19"E DELTA= 56'09'24" C7 R~112 00 A.-42 95' T,21.74' C=42.69' CB=$45'57'48'"E · DELTA= 21"58'27" C8 R=112.00' A=39.48' T:19,95' C~39.25' CB=S67'03'00"E DELTA, 20'H'56" DATE VICINITY MAP AS~CROFT NT.S. ~ SUBDIVi$;ON ~ t WESTMINSTER CANTERBURY ~o~ GL ENORCh¥ PETER ~SUBDIVISION JEFF ERSON ~ PLACE ~ SHEET 1 OF 2 PLANNING COMMISSIOh ALBEMARLE COUNTY BOARD OF SUPERviSORS DATE THOMAS B. LINCOLN LAND SURVEYOR INC. 671 BERKMAR CIRCLE CHARLOTTESVILLE, VIRGINIA'22901 TMODEL NET20\DATA9\98008702SUBlPRO 98-00,q7-02 SUBDIVISION PLAT SHOWING LOTS A, B AND C TAX MAP 78 PARCELS 55A(1) AND 55A(5) ALSO SHOWING A NEW 15' CONSERVATION EASEMENT AND 30' ACCESS EASEMENT LOCATED ON U.S. ROUTE 250 RtVANNA MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA SCALE: 1" = 100' JUNE 19. 2001 N49'O3'36"E %. /10 62' ~. PARCEL 1-A 6.1364 AC, · PARCE{ D 60824 AC COMBINED TOTAL 12 2188 AC PARCELS 1-A AND D LOT A 3 8517 AC · LOT B 7,0351 AC · LOT C 133~Q AC. TOTAL SETBACKS FRONT- SIDE--15' 12 2188 AC. .%.... ~ IF 4'58' ~ ' ~ 15.02' ~ :'~. 38.75' LOT C VOO' \ 1.3320 AC. N46"56'45'W~ ......... 49 07' ~_"~ _ ~ N46'56'45"W ~ VDOT~ 76,02' ~ I~ ~ N45'33'19'W ,~5~.2~'~ IEW 30' '~ ACCESS EASEMENT ' ' P/45'32'50"W ~ ~ ~ ~-_ ~ PF AT ~ ROCK ~ WALL / REAR--20' / __ TMP 18-55A6 / .,~"-, ~ · WESTMINSTER-CANT,~RBURY OF [HE BLUE RIDGE '-,--.. ------ ~ ?,1"' r,,'~- · DB. 1594 P. 87 ~,c.I ~,,~(::)' ,~:~,'"'-*' ;~_.,/ O.B 1594 P. 92 PLAT /01 7.0351 37.94' 9.09' "-,/ OLD PARCEL LINE .Z N57'4_0'2..7_"[ ............................ _ _,,,_ / ................ -~": .... ~o-3 777 9' / NBO'O$'42"E /'~ ' 39,83' 14 4i' N57' NE W ,/ THOMAS B. LINCOLN LAND SURVEYOR INC. 671 BERKMAR CIRCLE CHARLOTTESVILLE, VIRGINIA 22901 LOT A 3.8517 AC. 511.49'~. ~ 15' CONSERVATION EASEMENT 17.143 SF TOTA_ SHEET 2 OF 2 fMP 78-55A6 WESTMINSTER.CANTERBURY OF THE BLUE RIDGE "~"D B 1594 P 87 D.8. 1594 P. 92 PLAT \ TAX MAP 78 TAX MAP 78 ' PARCEL 55A(1} PARCEL 55Al5} PARCEL I-A ~,~ PARCEL ZONED PRD o~, ZONED PRD \ ZMA 99.01 ,, s~'~'~'~ \ , 17 42'~ N57'41'2 ~: " ' ' ': ' ' "' ' :~ "' PF 796 59' I~ ~~81~ 37~ ~ ~6 PF S57'41'29"W , I TMP 78B-a5 ~ E~ FAM~L'~ TMP 78G-OI I~.'L. :,~ ~ , HARLEY C AND NANNIE R EASTER TMP ZBB.~EA ~EASTER FAMILY LIMITEOI D ~ 1135 P 115 COMM OF '/~ EASTER FAMILY LIMITE~ i PARTNERSHIP LLP ~ 3~RTNERSHIP LL~ D~ ~07~ P t~5 PLAT PARTH~RSHIP LLP ~D.E 1693 ~ 750 / D9 ~693 P 750 O.B 1693 P 750 O B 341 P 231 PLAT D ~ 341 P 231 O B 341 P 23t PLAT LOT 5 BLOCK B ~,% _OT 6 BLOC~ LEGEHD WELL LOT 5A BLOCK 9 SECTION ONE SECTION ONE "GLENORCHY" SECTIO~ TWO :F : IRON FOUHD 'GLEHORCHY 'GLENORCHY' PF = PIPE FOUND TMODEL NET2 C.~,DATAgx98008702SUB~ ~qO 98-0087-02 Pa(~e 1 ATTACHMENT A Januaw 5,2000 Ms. Elaine Echols Senior Planner Department of Planning & Community Development County of Albemarle 401 Mclntire Road Charlottesville, Virginia 22902 RE: Pantops Place Dear Ms. EchoiC: The undersigned applicant makes the following proffers: Development of the'site will be in general conformity with the plan entitled, "Pantops.Place Preliminary Plan",' dated February 22, 1999 and revised October 18, 1999, here~n referred to as the Application Plan. 2. Residential density limits will be as follows: The building(s) containing.the Assisted Living area and the Independent Living units will be no greater than 110,000 square feet. The total number of assisted living units and independent living units together shall not exceed 100; however, up to twelve of the assisted living units may be two-bedroom units. Independent Living Cottages Maximum 30 Units A ,3reliminary traffic analysis will be performed prior to preliminary site plan approval. The owner shall share in the cost of any comprehensive traffic study deemed necessary subsequent to the review of the preliminary traffic analysis. The amount of participation shall be based on a pro-rata share of the traffic volume contributed to the site as determined by the Albemarle County Engineering Department. At the request of VDOT the owner will enter into an agreement among all parties whose property does or will contribute traffic to the Pantops Mountain Road/Route 250 intersection, to make a pro-rata financial contribution toward the installation of improvements related to the sign,alization of the intersection. ;3 Elaine Echols County of Alb-emade January 5, '2000 Page 2 4. (a) .f Vehicular access to the site from Route 250 East shall be limited to a single location, directly opposite the new entrance to the Martha Jefferson office building development on Pantops Mountain Road, as shown on the Application' Plan. .. (b) (c) (d) Prior to any development of the property, the applicant shall record an access easement to serve the adjoining property described as Albemarle County Tax Map 78, Parcel 55A3. The owner shall provide and maintain an asphalt path of no less than 5 feet to connect to an on-site trail system at Westminster Canterbu~, if permission is granted by Westminster Canterbu~/for such a connecticn. The owner shall provide shuttle service at a minimum of three times a week to convey assisted living residents to appointments, shopping, and other destinations. During construction of the first phase of the development, the owner shall perform grading in the r.o.w, for Route 250 or immediately adjacent to this r.o.w. to facilitate the future installation of a sidewalk which would be part of any reconfiguration of Route 250 to an "urban cross-section" roadway. If the grading for the sidewalk would result in the sidewalk being on the Pantops Place property, then the owner will grant the necessary easements for pedestrian access along this section of his property. The final site development plan shall reflect the grading to be performed with this proffer. The owner shall provide a 15 foot buffer easement in width upon the property along its entire common boundaw with the Glenorchy subdivision as shown on the Application Plan. The easement will be provided at construction of improvements. The purpose of this easement will be to ensure the preservation of an existing mature hedgerow and fieldstone wall along this common boundary line. No plant removal, other than dead, diseased or noxious vegetation, shall take olace in this are@ Only limited grading as shown on the spproved site olans, and only that which does not require the removal of trees, shall be permitted, New beneficial plant material may be sensitively introduced to augment the efficacy of the hedgerow as a screening element. Pedestrian access to this area shall not be restricted. The owner shall provide supplemental screening, to the satisfaction of the Albemarle County planning staff, in addition to that required in Section 32.7.9.8 of the Zoning Ordinance to ensure that the service areas for proposed buildings will be properly screened from the Glenorchy subdivision. This landscaping shall be shown on the Landscaping Plan to be submitted with the final site development plan for this section. 4 Elaine Echols County of Albemarle January 5, 2000 Page 3 The owner will show the 25% open space on the preliminary and final site'plans and preserve and/or improve, for recreational and amenity purposes, all of that land which lies east of the intermittent stream which transects the site. The land will remain in its current state except as deemed necessary for the potential construction of a pond, walking paths and other recreational features and installation of landscape treatments as shown on the preliminary sit~ development plan. A community association will be formed for ownership and maintenance of all areas outside of the building envelopes. Owners of the development shall be members of this community association. Date Virginia Land Trust, Owner Tax Map 7'8, Parcel $$-A-5 Charles W. Hurt, M.D. Trustee Date Date Date Individual Owners Tax Map 78, Parcel 55-A-(1) ~ ~amperton , D. Samperton E ~dd Samperton (Attorney in Fact) Duvall, Ill ~ B~ ~:~d SampertOn (Attorney in Fact) 5 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGEN DA TITLE: ZMA 01- 11 Pantops Place PRD SUBJECT/PROPOSAL/REQUEST: Request to amend p~'offers for Pantops Place PRD. Pantops Place PRD is a housing development for senior citizens on 12.2 acres of land on ROute 250 East adjacent to - Westminster Canterbury. The property is described as Tax Map 78 Parcels 55A1 an(: A5. STAFF CONTACT(S): Ms. Echols, Messrs. Cilimberg, Tucker, Foley AGENDA DATE: August28,2001 ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: ITEM NUMBERS: INFORMATION: INFORMATION: BACKGROUND: On January 12, 2000. the Board of Supervisors approved the Pantops Place PRD with 9 proffers (See Attachment A). In the course of completing the plans for development and subdivision plats, the owner has found that he cannot fulfill one of the proffers. The applicant has requested that the proffer discussed below be removed. Attachment B contains the tax map identifying the parcels in question. /'-",DISCUSSION: Proffer 4 (b) says, "Prior to any development of the property, the applicant shall record an access easement to serve the adjoining property described as Albemarle County Tax Map 78, Parcel 55A3." This prOffer originally was included at the request of staff as a way to interconnect parcels adjacent to Route 250. Staff believed that, if Parcel 55A3 could be served from Pantops Mountain Road rather than from Route 250, an additional curb cut u p a steep slope would not be necessary. At the time, staff believed that the proffer from Westminster Canterbury granting access to Tax Map 78 55A1 and Tax Map 55A5 included Tax Map 55A3. In rereading the proffer, staff found out it had misread parcel 55A5 as Parcel 55A3. Westminster Canterbury pointed out this mistake when the owner of Pantops Place asked for modification of the maintenance agreement to provide access to Parcel 55A3. Westminster Canterbury declined to include Tax Map 55A3 in the maintenance agreement change and informed both staff and the owner of Pantops Place that it had no obligation to provide access to parcels other than Tax Map 55A1 and Tax Map 55A5. For that reason, the owner of Pantops Place felt it had no other choice than to request removal of the proffer. Since the application was made, staff has worked with both the owner of Pantops Place and Westminster Canterbury to find a way to modify the proffer without removing it. The new proffer (Attachment C) says the following: "The applicant shall prOvide for access to the adjoining property described as Albemarle County Tax Map 78, Parcel 55A3 if the owner of Pantops Mountain Road, Westminster Canterbury of the Blue Ridge or its assigns, agrees to provide such access over Pantops Mountain Road. If the owner of Tax Map 78 parcel 55A3 receives permission for such access from the owner of Pantops Mountain Road, use of this access will require approval as a private road under the Albemarle County Subdivision Ordinance. Access across Tax Map 78, Parcels 55A1 and 55A5 will be shown on the site plan of the final phase for those properties in a location compatible to their development." ~'%Both the applicant and Westminster Canterbury are amenable to the change in proffer language. Westminster Canterbury has not closed the door for future access and the review of any private road request will uncover any needed improvements to serve Parcel 55A3. The County Attorney's office has not yet reviewed the changed proffer language fo.r form. Staff would prefer that the access to Parcel 55A3 be conditioned only upon needed changes to the maintenance agreement and any necessary modifications to the Pantops Mountain Road as a private road. Given the fact that Westminster Canterbury is the only entity which can legally obligate the use of Pantops Mountain Road and Westminster Canterbury does not wish to give blanket access to the developer of Parcel 55A3, this compromise seems appropriate. ~ECOMMENDATION: Staff recommends approval of the rezoning request with the suggested proffer above. Any changes in form can be accommodated between the Planning Commission and Board of Supervisors meeting. ATTACHMENTS Attachment A - Original Proffers Attachment B - Tax Map showing Pantops Place Attachment C - Proposed proffer change 2 Page 1 ATTACHMENT A January 5,2000 Ms. Elaine Echols Senior Planner Department of Planning & Community Development County of Albemarle 401 Mclntire Road Charlottesville, Virginia 22902 RE: Pantops Place Dear Ms. Echols: The undersigned applicant makes the following proffers: Development of the site will b.e in general conform ty with the plan entitled, P n" "Pantops Place Preliminary a , dated February 22, 1999 and revised October 18, 1999. herein referred to as the Application Plan. 2. Residential density limits will be as follows: The building(s) containing the Assisted Living area and the Independent Living units will be no greater than 110,000 square feet. The total number of assisted living units and independent living units together shall not, exceed 100: however, up to twelve of the assisted living units may be two-bedroom units. Indepem:ent Living Cottages Maximum 30 Units A preliminary traffic analysis will be performed prior to preliminary site :)lan approval. The owner shall share in the cost of any comprehensive traffic study deemed necessary subsequent to the review of the preliminary traffic analysis. The amount of participation shall be based on a pro-rata share of the traffic volume contributed to the site as determined by the Albemarle County Engineering Department. At the request of VDOT, the owner will enter into an agreement among all parties whose property does or wil contribute traffic to the Pantops Mountain Road/Route 250. intersection, to make a pro-rata financial contribution toward the installation of improvements related to the signalization of the intersection. 3 Elain~ Echols County of Albemarle January 5, 2000 Page 2 4. (a) Vehicular access to the site from Route 250 East shall be limited to a single location, directly opposite the new entrance to the Martha Jefferson office building development on Pantops Mountain Road, as shown on the Application Plan. (b) (c) (d) Prior to any development of the property, the applicant shall record an access easement to serve the adjoining property described as Albemarle County Tax Map 78, Parcel 55A3. The owner shall provide and maintain an asphalt path of no less than 5 feet to connect to an on-site trail system at Westminster Canterbury, if permission is granted by Westminster Canterbury for such a connection. The owner shall provide shuttle service at a minimum of three times a week to convey assisted living residents to appointments, shopping, and other destinations. During construction of the first phase of the development, the owner shall perform grading in the r.o.w, for Route 250 or immediately adjacent to this r.o.w. to facilitate the future installation of a sidewalk which would be part of any reconfiguration of Route 250 to an "urban cross-section" roadway. If the grading for the sidewalk would result in the sidewalk being on the Pantops Place property, then the owner will grant the necessary easements for pedestrian access along this section of his property. The final site development plan shall reflect the grading to be performed with this proffer. The owner shall provide a 15 foot buffer easement in width upon the property along its entire common boundary with the Glenorchy subdivision as shown on the Application Plan. The easement will be provided at construction of improvements. The purpose of this easement will be to ensure the preservation of an existing mature hedgerow and fieldstone wall along this common boundary line. No plant removal, other than dead, diseased or noxious vegetation, shall take place in this area Only limited grading as shown on the approved site plans, and only that which does not require the removal of trees, shall be permitted, New beneficial plant material may be sensitively introduced to augment the efficacy of the hedgerow as a screening element. Pedestrian access to this area shall not be restricted. The owner shall provide supplemental screening, to the satisfaction of the Albemarle County planning staff, in addition to that required in Section 32.7.9.8 of the Zoning Ordinance to ensure that the service areas for proposed buildings will be properly screened from the Glenorchy subdivision. This landscaping shall be shown on the Landscaping Plan to be submitted with the final site development p an for this section. 4 Elaina Echols County of Albemarle January 5, 2000 Page 3 The owner will show the 25% open space on the preliminary and final site plans and preserve and/or improve, for recreational and amenity purposes, all of that land which lies east of the intermittent stream which transects the site. The land will remain in its current state except as deemed necessary for the potential construction of a pond, walking paths and other recreational features and installation of landscape treatments as shown on the preliminary site development plan. A community association will be formed for ownership and maintenance of all areas outside of the building envelopes. Owners of the development shall be members of this community association. Virginia Land Trust, Owner Tax Map 78, Parcel 55-A-5 / Charles W. Hurt, M.D., Trustee Date Date [' ~" ~ Individual Owners Tax Map 78, Parcel 55-A-(1) To~: ~I Samperton ~ )v,~la D. Samperton 13 ~'?~dd Samperton (Attorney in Fact) all, III (,,..~. :;:~d Samperton (Attorney in Fact) 5 PROFFER FORM Original Proffer Amended Proffer X_._ (Amendment # 1__.[___) Date: August 28, 2001 ZMA #2001-011 Pantops Place Tax Map 78 and Parcel Numbers 55A1 and 55A5 __12.3 Acres to be rezoned from_PRD_ to PRD Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezone& These conditions are proffered as a part of the requested rezoning and it ~s agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning request. 1. The proffers dated January, 11, 2000, approved by the Albemarle County Board of Supervisors on January 12, 2000, consisting of a signed 1.e~er dated January 5, 2000 from the owners to Elaine Echols shall remain in place with one exception. Proffer 4d~ll be replaced with the language below: 4.1~. The applicant shall provide for access to the adjoining property described as Albemarle County Tax Map 78, parcel 55A3 if the owner of Pantops Mountain Road, Westminster Canterbury of the Blue Ridge or its assigns, agrees to provide such access over Pantops Mountain Road. If the owner of Tax Map 78 parcel · 55A3 receives permission for such access from the owner of Pantops Mountain Road, use of this access will require approval as a private road under the Albemarle County SUbdivision Ordinance. This accessway across Tax Map 78 parcels 55A1 and 55A5 shall be shown on the site plan for development of "Lot C". "Lot C" is shown on the attached plat entitled, "Subdivision Plat showing Lots A, B, and C for Tax Map 78 Parcels 55A(1) and 55A(5)" dated June 19, 2001 surveyed by Thomas B. Lincoln. s~gn~t~re-s of All Owners Printed Names of All Owners Signature of Attorney-in-Fact (Attach Proper Power of Attorney) OR Printed Name of Attorney-in-Fact SUBDIVISION PLAT SHOWING LOTS A, B AND C TAX MAP 78 PARCELS 55A[.1) AND 55A(5) ALSO SHOWING A NEW 15' CONSERVATION EASEMENT .AND 30' ACCESS EASEMENT LOCATED ON U,S, ROUTE 250 RIVANNA MAGISTERIAL DISTRICT ALBEMARLE COUNTY. VIRGINIA JUNE 19, 2001 OWNERS' APPI=OVAL THE DIVISION OF THE LAND DESCRIBED HEREIN S WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNER[SI. PROPRIETOR[S) AND TRUSTEEIS] ANY REFERENCE TO FUTURE POTENTIAL DEVELOPMENT S TO BE DEEMED AS THEORETICA,_ ONLY. ALL STATEMENTS AFFIXED TO THIS PLAT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE SIGNED NOTARY PUBLIC STATE OF COUNTY OF THE FOREGOING WAS ACKNOWLEDGED BEFORE ME THIS DAY OF . 20 BY DATE tVlY COMMISSION EXPIRES: NOTARY PUBLIC OWNER TMP 78-55A{1); AMERICAN SENIOR HOUSING. LC 37'39-C PICKETT ROAD FACRFAX. VA 22031 }.B. 1929 P 707 D.B, 1288 P, 578 D.B 1288 P 339 COMM. OF VA D.B. 1129 P. 389 COMM. OF VA D.B 1035 P. 371 PLAT D.B 1035 P 363 D.B. 505 P. 260 D.B. 427 P. 215 PLAT OWNER TMP 78-55A(5): AMERICAN SENIOR HOUSING LC 3739.C PICKETT ROAD FAIRFAX, VA 22031 D.B. 1929 D 699 D,B. 1594 P 92, 93 PLAT D.B 1281 ~ 151 D.B 1136 ~ 361 COMM OF VA B. 1035 P. 371 PLAT B. 1035 P 354 COMM. OF VA THE ..:,ND USE REGULATIONS LISTED HEREIN ARE MPOSED ~L;RSLANT TO 7=E ALBEMARLE COUNTY ZONING ORDINANCE I,J EFFECT ON Tr41S DATE ~'fCD ARE SHOWN FOR INFORMATION PURPOSES ONLY THE':' AAE ' NOT AESTRICTIVE COVENANTS RUNNING WITH THE LAND AND TF--~R APPEARANCE ON THIS PLAT S NOT INTENDED TO IMPOSE THEM AS SUCH. EACr~ LOT CONTAINS AT LEAST 30.000 S.F OF BUILDABLE AF, E4 LESS THAN 25% SLOPE. TAX MAP 78 PARCELS 55Atl) AND 55A[5l ARE HEREBY COMBINED AND REDIVIDED, THERE ARE NO =UBLIC UTILITY AND DRAINAGE EASEMENTS ON THIS PROPERTY, BOUNDARY CURVE DATA: C1 R:134.02' A=113.93' T=60.66' C=110.53' CB=N73°24'44"E DELTA= 48"42'18" C2 R=209.94' A=138.96' T=71 02 C=134.54' CB=N79"04'31"E DELTA= 37°22'43" C3 R=209,94 A:27,61' T=13.82' C=27.59' CB=N56°37'09"E DELTA: 7°32'02.. C4 R=209.94' A=165,21' T=87.15' C=160.98' CB=N30°18'30"E DELTA= 45°05'15'. ACCESS EASEMENT CURVE DATA C5 R.'150.00' A:88.64' T:45,66' C=87.36' CB=NB0°20'13"E DELTA= 33'51'35" C6 R=EO.O0' A=49.01' T=2667' C=47.07' CB=N69°ll'19"E DELTA= 56'09'24" C7 R=112.00' A:42.95' T--21.74' C.'42.89' CB:S45'57'48"E DELTA= 21'58'27" C8. R:112.00' A=39.48' T=19.95' C,39.28' CB=S67°O3'00"E DELTA: 20'11'56" COUNTY APPROVALS ALBEMARLE COUNTY DATE PLANNING COMMISSION ALBEMARLE COUNTY DATE BOARD OF SUPERVISORS VICINITY MAP ASHCRO~T 'F'oo--~. - St T E ~O~ GLENOROHY =LACE THOMAS B. LINCOLN LAND SURVEYOR INC. 671 BERKMAR CIRCLE CHARLOTTESVILLE, VIRGINIA 22901 TMODEL NET2 C:\DATASX98008702SUE~l. PRO 98-0087-02 SHEET 1 OF 2 · SUBDIVISION PLAT SHOWING LOTS A, B AND C TAX MAP 78 PARCELS 55A(1) AND 55A(5) ALSO SHOWING A NEW 15' CONSERVATION EASEMENT AND 30' ACCESS EASEMENT LOCATED ON U,S. ROUTE 250 RIVANNA MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA SCALE: 1" .- 100' JuNE 19, 2001 N49o03'36-E %. .V~.ol~'~ /-mEI e MOUU'~ IF N04*EJ S 37"08'52"E.~, 15.02' 15.00' 38.75' LOT C 1.3320 AC, N44'O272"E'"' 9.09' N46'56'45"W~ ......... ' 49.~07 N48'56'45"W ¢J~ IF "~ N45o33'19-W ,, ,-. · ~..~59,28' [w 3u' ~ ~ -- ACCESS~ ~ O~ ,S~ S57'4v29"W 169.~' ~ EASEMENT ~ :..- L_ _ _ --[~'- - ~ Pi:: AT ~1~ ROCK r~l WALL THObIAS B. LINCOLN LAND SURVEYOR INC. 671 BERKMAR CIRCLE CHARLOTTESVILLE, VIRGINIA 22901 YMP 78-55A6 WESTMINSTER-CANTERBURY OF THE BLUE RIDGE D.B. 1594 P 8T D.B. 1594 P 92 PLAT LOT B 7.0351 AC. 37.94' OLD PARCEL LINE N57°40'27''E ......................... .......................... T0-3-777§ r - - - NSO'OS'42"E ~'~ 39.83' Id. dr LOT A 3.8517 AC. PARCEL 1-A ,P, ,~RCEL D COMBINED TOTAL PARCELS I-A AND D 6.1364 AC. 6 0824 AC 12.2188 AC. LOT A +LOT B +LOT C 3.8517 AC. 7.0351 AC 1,3320 AC, TOTAL SETBACKS: FRONT--25' SIDE--15' REAR--20' 12.2188 AC. NEW / 15' CONSERVATION EASEMENT 17 143 S.F: TOTAL SHEET 2 OF 2 TAX MAP 78 PARCEL 55A(1) PARCEL I-A ZONED PRD ZMA 99-01 NEZ'af29 796.59' IF TMP 78~-01 HARLEY C AND NANNIE R EASTER TMP 78B.B5A DB 1135 o 115 COMM OF VA EASTER FAMILY LIMITED Da-,, ~074 ~ 185 PLAT PARTNERSHIP LLP D,B. t593 P 750 DB 341 P 23~PLAT LEGEND WELL LOT 5A BLOCK B SECTION ONE !F : IRON FOUHD 'GLENORCHY PF : PIPE POUF, D TAX MAP 78 PARCEL 55AI5; PARCEL D ZONED PRD TMP 78-55A6 WESTMINS TE R-CANTERBUR Y OF THE BLUE RIDGE "~ D.B. 1594 P 87 ~ D.B. 1594 P 92 PLAT \ \ $62 '52'29 "E 17. 42 '.~.~,. N$7'4 F29' 18B-02-B6 TMP 788-85 EASTER FAMILY EASTER FAMILY LIMITEDI LIMITED I pAR~'NERSHtP LLP ~ '~-RTNERSHIP LLF IDB 1693 ~ 750 I DB 1693 P 750 iD B. 341 ~ 231 PLAT D B 341 o 231 P=AT LOT 5 BLOCK B LOT 6 BLOCK SECTION ONE SECTION TWO 'GLENORCHY" "GLENORCHY" TMODEL NET2 C:\DATA9\98008702SUB~ ~qo 98-0087-02 ALBEMARLE COUNT, ATTACHMENT B ';'OM /' 31 / 519 ?? 49 MONTICELLO 22 \ // / ,.~.~ / SGOTTSVlLLE AND RIVANNA DISTRIGTS S ECTI 0 N 9 ATTACHMENT C PROFFER FORM Original Proffer Amended Proffer (Amendment # Date: August 20, 2001 ZMA #2001-011 Pantops Place Tax Map78 and Parcel Numbers55A1 and 55A5 Acres to be rezoned from to Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning request. (1) The applicant shall provide for access to the adjoining property described as Albemarle County Tax Map 78, parcel 55A3 if the owner of Pantops Mountain Road, Westminster Canterbury of the Blue Ridge or its assigns, agrees to provide such access over Pantops Mountain Road. If the owner of Tax Map 78 parcel 55A3 receives permission for such access from the owner of Pantops Mountain Road, use of this access will require approval as a private road under the Albemarle County Subdivision Ordinance. Access across Tax Map 78 parcels 55A1 and 55A5 will be shown on'the site plan of the final phase for those properties in a location compatible to their development. Signatures of All Owners Printed Names of All Owners Date OR q0 lAX (804J 972-4126 COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 Mclntire Road, Room 227 Charlottesville, Virginia 22902-4596 TI~IFPHONE (804} 296-5832 - TrD (804) 972-4012 TO: FROM: DATE: RE: MEMORANDUM Members of the Board of Supervisors John Shepherd, Manager of Zoning Administration September 26, 2001 ZTA-2001-011 As indicated in the executive summary, staff has been working on a number of non- substantive zoning text revisions for quite some time. On August 28, 2001, the Planning Commission reviewed and recommended approval of the proposed revisions described in the executive summary, included as Attachment A, and contained in the September 26, 2001 draft text that is included as Attachment B. A guide to the proposed ordinance amendments that are recommended for approval by the Planning Commission is included as Attachment C. For background, the packet that was provided to the Planning Commission prior to their August 28, 2001 meeting is included with this memorandum as Attachment D. After the Planning Commission packet was sent, but before the Planning Commission met, staff received comments on the proposed text revisions from the public. Staff was able to support several of the suggestions that were received, and included those in a revised guide to the ordinance revisions, dated August 28, 2001, and included as Attachment E. The minutes of the Planning Commission meeting are included as Attachment F. ATTACHMENT A COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2001-011- To Amend Numerous Sections of the Zoning Ordinance SUBJECT/PROPOSAL/REQUEST: To amend several sections of the zoning ordinance found in Article I. General Provisions, Article II. Basic Regulations, Article III. District Regulations, and Article IV Procedure. STAFF CONTACT(S): Mr. Shepherd; Mr. Kamptner AGENDA DATE: August 28, 2001 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes BACKGROUND: For some time, Planning and Community Development, Building Code and Zoning Services and the County Attorney staff have been meeting to discuss zoning text amendments considered necessary. Of these, staff has identified a number of minor, non-substantive amendments. The Planning Commission adopted a resolution of intent to address these ~'housekeeping" items on January 9, 2001. PUBLIC PURPOSE TO BE SERVED: 1. To improve the codified language in order to provide more consistent interpretation and application of regulations; 2. To modify or delete outmoded or conflicting regulations; 3. To update the ordinance with respect to new or changed ordinances, agency titles, or provisions of the Code of Virginia; 4. To delete redundant language, thereby shortening and simplifying the text; 5. To provide a more definitive and therefore enforceable regulation. DISCUSSION: Each of the proposed amendments, as set forth in Attachment A, dated July 19, 2001 will be discussed on an article by article basis in the Guide to Proposed Ordinance Revisions. [Attachment B] Several of the proposed ordinance revisions can be analyzed within the categories described below. · This amendment would delete several terms that are not used elsewhere in the ordinance. Examples include abatoir, cellar, and dormitory. The amendment would provide definitions for terms found in the ordinance that heretofore have not been defined. These undefined terms cause problems in interpretation and enforcement. Examples of these include attached, detached, commercial vehicle, fleet vehicle, grocery store, junk, museum, proffer, site plan, use and variance. The amendment would provide revised definitions that make the ordinance consistent with the Code of Virginia or the Building Code. Examples of'these include the definitions for building height, day care, manufactured home, industrialized ~uildi ng, group home as well as provisions for borrow, fill and waste areas, and handicapped parking. ZTA-2001-011 Page 2 · The definitions of several terms would be clarified or consolidated. Examples include day care, office, private school and restaurant. References to hours of operation that have proven to be problematic for enforcement would be repealed. The definitions include related uses in order to avoid wholesale revisions to district regulations throughout the ordinance. For example, the new definition for car wash includes the provision: The use identified in this chapter as "automobile laundry" is a car wash. Since the drafting and advertisement of this proposal, staff has determined that the amendment of the definition of height would, in fact, be a substantive rather than a minor housekeeping change. Staff recommends that this provision not be included in this ZTA. ADMINISTRATION i REVIEW PROCESS: The proposed amendments will reduce areas of problematic interpretation and application of regulations. The result will be a more reasonable and consistent process. HOUSING AFFORDABILITY: The proposed amendments will not affect housing affordability.. IMPLICATIONS TO STAFFING I STAFFING COSTS: These improvements to the language will result in the more efficient use of staff time spent on interpretation and enforcement of the ordinance. RECOMMENDATION: Staff recommends approval of the amendments contained in Attachment A with the exception of the revision of the definition of building height. ATTACHMENTS: Attachment A: Proposed amendments to Articles I, II, III and IV dated July 9, 2001 Attachment B: Guide to Proposed Ordinance Revisions ZTA-2001-011 Attachment B ORDINANCE NO. 01-18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE II, BASIC REGULATIONS, ARTICLE'III, DISTRICT REGULATIONS, AND ARTICLE IV, PROCEDURE, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article I, General Provisions, Article II, Basic Regulations, Article III, District Regulations, and Article IV, Procedure, of the Code of the County of Albemarle are amended and reordained as follows: By Amending: Sec. 3.1 Sec. 4.6.2 Sec: 4.8.2 Sec. 4.9 Sec. 4.12.6.5 Sec. 4.12.6.6.1 Sec. 5.1.02 Sec. 5.1.06 Sec. 5.1.07 Sec. 5.1.09 Sec. 5.1.15 Sec. 5.1.17 Sec. 5.1.19 Sec. 5.1.25 Sec. 5.1.28 Sec. 5.3.8.4 Sec. 5.3.8.7 Sec. 10.1 Sec. 10.3.3.1 Sec. 27.2.1 Sec. 30.3.02.2 Sec. 30.5.6 Sec. 31.2.1 Sec. 31.2.3 Sec. 31.2.4.2.2 Sec. 31.2.4.3 Sec. 31.2.4.4 Sec. 32.4.2.7 Sec. 32.7.9.4 Sec. 33.0 Sec. 33.7 Sec. 33.8.1 Definitions Lots, determination of lot front Temporary mobite homes Buildings and structures: handicapped access Parking space size Determination of number of parking spaces required for unspecified uses Clubs, lodges Day care, nursery facility Home for developmentally disabled persons Fire, ambulance, rescue squad station (volunteer) Sawmill, temporary or permanent Tourist lodging Wayside stand Farm winery Borrow, fill or waste areas Pedestrian access Landscaping and screening Intent, where permitted Definitions By right Determination of floodway and floodway fringe in approximated flood plain Area and bulk regulations and options for bonus factors Permits required, conformance Certificates of occupancy; zoning compliance clearance Withdrawal of application Conditions Revocation Appeal and judicial review Contents Amendments Withdrawal of petitions Posting of property -~ planning commission hearing By Adding: Sec. 32.4.2.8 Sec. 32.4.3.10 Application deemed withdrawn Application deemed withdrawn Chapter 18. Zoning Article I. General Provisions Draft: 09/26/01 Sec. 3.1 Definitions The following definitions shall apply in the interpretation and enforcement of this chapter: Abattoir: See Slaughterhouse, custom. Automobile Graveyard: See Junkvard ^ ~" ~"* "~ -~ ...... 1`:'~*'~: ...... "~'~ *~ *~ ....... '1`~' Attached: When pertaining to structures, a physical connection to a structure by a structural element or structural feature. Building: Any structure having a roof supported by columns or walls,~...~^--'1`.-.~ 1`-.,-o-.r~: .... .- Car wash: An establi~qhment for cleaning motor vehicles where the cleaning is performed using equipment, supplies and water provided by the establishment. The use identified in this chapter as "automobile laundr).~'' is a car wash. Cluster ~- *~ .................-- v .... v .... A'z~ e of development desi ..~ ~at concen~ates lots in specific meas, does not exceed the ~oss densi~ allowed within the zomng disffict, ~d allows the remaining l~d to be used for common open space. (~ended 7-17-85) Condominium: Real property., and any incidents thereto or interests therein, lawfully submitted to the Condominium Act (Virginia Code § 55-79.39 et seq.) by the recordation of condominium instruments pursuant to the provisions of the Condominium Act, and in which the undivided interests in the common elements are vest,il in the unit owners. T I A +I. Day Care, Child Care or Nursery Facility: See Day care center. 'wc..uac.:, ~-c~..~..,c~"~:-~',, ,-,-..-e,. 2 Draft: 09/26/01 Day care center: An establishment operated for the purpose of providing care, protection and guidance to a group of six (6/or more children under the age of thirteen (13) dnrin ~. the absence of a parent or guardian during a part of a day, and includes those establishments commonly known as preschools and nursery, schools. The term "day care center" does not inClude: (1) an establishment licensed and. regulated as a summer camp pursuant to Virginia Code § 35.1-1 et seq.; (2) a school extended day enrichment program; (3) a school, unless such school is operating a day care center outside of regular classes; and (4) a Sunday school conducted by a religious institution or a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services. The uses identified in this chapter as "child care," "day care," "nurseries" (for children) and "nursery. facilities" are day care centers. Detached: When pertaining to structures, the absence of a physical connection to a structure by a structural element or structural feature. 3 Draft: 09/26/01 Easement: A right to use the land of another in a particular manner and for a particular purpose. Eating~,atablishment: See Restaurant A.: Family da,,, home: A dwelling unit where care, protection and guidance is provided to a group of more than five (5) children under the age of thirteen (13), exclusive of the provider's family, during the absence of a parent or guardian during a part of a day. A single-family dwelling having five (5) Or less children is a single,family residential use. Fast Food Restaurant: See Restaurant. Group home: A group home or other residential facili .ty licensed by the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services in which more than eight (8) mentally ill: mentally retarded or developmentally disabled persons reside with one or more resident coUnselors or other staffpersons. For purposes of this definition, the current illegal use of or addiction to a controlled substance as defined in Virginia Code §'54.1=3401 is neither a mental illness nor a developmental disability. A ~ingle-family dwelling haVing eight (8) or less mentally ill, mentally retarded or developmentally disabled persons is a single-family residential use. The use identified in this chapter as "home for developmentally disabled persons" is a group home. Draft: 09/26/01 Home for Developmentally Disabted PersOns~.;:~;$eeGroup. home. Industrialized building: A combination of one or more sections or modules, subject to state regulation, and including the necessary, electrical, plumbing, heating, ventilating and other serVice systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specified components, to comprise a finished building, For purposes of this definition, a manufactured home is not an industrialized building. The structure and use identified in this chapter as "temporary nonresidential mobile home" is an'industrialized building. Inoperable vehicle: Any motor vehicle, trailer or semitrailer, as those terms are defined in Virginia Code § 46.2-100, which: (1) is not in operating condition; (2)for a period of sixty (60) days or longer has been partially or totally disassembled by the removal of tires and'wheels, the engine, or other essential ~arts reqt~ired for the operation of the vehicle; or (3) there is not displayed either valid license plates or a valid inspection decal. The vehicle identified in this chapter as "inoperative motor vehicle" is an inoperable vehicle. Junk: Any scrap, discarded, dismantled or inoperable vehicles, including parts or machinery, thereof; household furniture and appliances; construction equipment and materials; tanks, containers, drums, and the contents thereof; and tires, pipes, wire, wood. paper, metals, rags, glass, plastic, food and related .types of waste material. Junkyard: Any land or structure used for the abandonment, baling, collection~ dismantling, maintenance, recycling, sale,, salvaging, storage, or wreckage of junk Manufacture or manufacturing: The transformation of materials into an article or a product of substantially different character or use. Manufactured home: A structure subject to federal regulation which is transportable in one or more sections; is eight (8) body feet or more in width and forty (40) body feet or 5 Draft: 09/26/01 more in length in the traveling mode, or is three hundred twenty (320) or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, ak-conditioning, and electrical system.q contained in the structure. The structure and use identified in this chapter as "mobile home" is a manufactured home. Museum: An establishment devoted to the procurement, care, study and display of objects of lasting value or interest. O. ffice: A room or group of rooms used for conducting the affairs of a business, profession, service indust~., or government. The uses identified in this chapter as " ' ...... i n admmmtrat~ve office and profess o al office" are offices. Private school: An institution of instruction not established and maintained at public expense, including colleges and universities, and those institutions providing art, culinary., cultural, drama, music, technical or vocational education or training. The uses identified in this chapter as "school of special instruction" and "technical and trade school" are private schools, except that in any zoning district where a private school is permitted by right, and a technical and trade school is permitted only by special use permit, those uses shall be separate. Professional Office: See Office. appt Proffer: A written condition voluntarily offered by the owner of land who has applied for a zoning map amendment that imposes a regulation or requirement that is in addition to the regulations otherwise applicable to the land under this chapter. establishment wherein, for compensation, meals or beverages are served for consumption Draft: 09/26/01 on or off · establishments commonly known as restm~xants, fast food restaurants, coffee shops. ..cafeterias, cafes, lunchrooms, luncheonettes, hotel dining rooms, dinner theaters, tavern~. and soda fountains. The term "restmLrant" does not include a snack bar or refreshment stand at a public or nonprofit recreation facility, operated solely by the operator of the, facility for the convenience of its patrons. Dancing by patrons shall be considered as entertainment accessory to a restaurant, provided the space available for such dancin~ shall not be more than one-eighth (1/8) of that part of the floor area available for dining. Provisions for dancing made available under this definition shall be subject to the permit requirements of Chapter 12 of the Code of Albemarle. The uses identified in this chapter as "eating establishment" and "fast food restaurant" are restaurants~ Service station: An establishment where gasoline or diesel fuel is stored, . housed and sold for supply to motor vehicles, and may include accessory, motor vehicle servicing within the principal building. The use identified in this chapter as "automobile service station" is a service station. Site£lan: A plan satis .lying the requirements of section 32 of this chapter that delineates the overall scheme of development of one or more lots including, but not limited to, grading, engineering deSi~ construction details and survey data for existing and proposed improvements. The document identified in this chapter as a site development plan is a site plan. Slaughterhouse, Gcustom: ^ ***.u.,._~_+ c~.,,.~ .~ .... ,~+~_ ^,-~; .... +..~. ;_~,..~;..... ......... c ....... ~ ~om t~e ;itc An establishment for thc slau~_~htcr of livestock fro which no meat or other product of the slaughter is sold other than materials generally considered inedible for humans generated as waste or by-products of the slaughter including, but not limited to, blood, bones, viscera, and hides that maybe sold for purposes of removal from the site: The use identified in this chapter as "abattoir" is a custom slaughterhouse. Use: The purpose for which any land, water, or structure is devoted or occupied, or any activity performed on land, water or in a structure Variance: A reasonable deviation from those provisions regulating the size or area of a lot, or the size, area, bulk or location of a structure when the strict application of this chapter would result in unnecessary, or unreasonable hardship to the land owner, and the need for the variance would not be shared generally by other lots, and provided that the variance is not contrary, to the intended spirit and purpose of this chapter, and would result in substantial justice being done. 7 Draft: 09/26/01 (§ 3.1, 12-10-80, 7-1-81, 12-16-81, 2-10-82, 6-2-82, 1-1-83, 7-6-83, 11-7-84, 7-17-85, 3- 5-86, 1-1-87, 6-10-87, 12-2-87, 7-20-88, 12-7-88, 11-1-89, 6-10-92, 7-8-92, 9-15-93, 8- 10-94, 10-11-95, 11-15-95, 10-9.96, 12-10-97; Ord. 01- ) Article II. Basic Regulations Sec. 4.6.2 Lots, determination of lot front 4.6.2.3 Lot fronts shall be determined as follows: a. On interior lots, the lot front shall be the portion abutting the street. b. On comer lots, the lot fi'ont shall be both portions abutting the street. c. On double frontage lots, the lot front shall be determined by observing the prevailing building pattern or, ifa prevailing building pattern has not been established, the prevailing lotting pattern. If neither building or lotting patterns exist, the lot front shall be the narrower boundary, abutting the street. Sec. 4..8 2 Temporary mob:lc, be. me~.. industrialized buildines. Temporary ............... ~1~.;1~ *, .... industrialized buildings shall be permitted only in accordance with the provisions of section 5.7 and section 5.8 of this c~r~inance chapter. (Amended 3-5-86) /i ~ I)TTIT T~I'N,Tt"'n~ A l~Tlr~ ~rl'~DTllmrl'~lID'l~o II A ~%,TT'kTtTM A '01~'1711~ A t'n~'n(~(~ Sec. 4.9 Handicapped access Nothwithstanding any other regulation of this chapter, ramps or other modifications to a lot or structure, which are the minimum required under the Americans with Disabilities Act to serve handicapped persons, are authorized in all zoning districts. 8 Draft: 09/26/01 Sec. 4.12.6.5 Parking space size Each off-street parking space shall meet the minimum requirements ,(in feet) as specified below: .. r Parking Minimum Minimum Aisle Space Width Length Minimum Width a. (option) 10 18 20 b. (option) 9 18 24 c. In conjunction with section 4.12.6.5, perpendicular parking shall be favored. Where practical considerations warrant, the commission may authorize other angled, curvilinear and/or parallel parking. Parking space and aisle dimensions for other angled, curvilinear and parallel parking shall be reviewed and approved by the director ofplanrdng and community development. (Amended 6-14-89) d. Where adequate planting islands or other such features other than sidewalks are employed to separate rows of parking spaces, not more than two (2) feet may be deducted from the minimum length requirements stated above in order to compensate for overhang. Alt parking spaces shall be designed so that no part of any vehicle shall extend over any property line, right- of-way tine, sidewalk, walkway, driveway or aisle space. i-' ....... e, '-'l-.' ..................... ,j ..................... j .............. l-'.t-,--'-.,- 1-' ...... e, ,g.~;~; .... u r,^~,~,~,.,~ ...... ~,~,~,...,,..,,,-,~.; ....... The number, location and dimensions of fully-accessible parking spaces, and the provision of access aisles, curb ramps, silage and other specifications for those spaces shall be as required by the Americans with Disabilities Act and the current editions of the Americans with Disabilities Act Accessibili .ty Guidelines and the Virginia Uniform Statewid¢ Building Code. (Amended 11-16,83) Sec. 4.12.6.6.1 Determination of number of parking spaces required for unspecified uses Where minimum parking or loading space is not specified herein for particular uses/structures or mixes of uses, or where conflicts exist between schedule and general requirements, the zoning administrator shall determine requirements appropriate to the use/structure guided by characteristics of the proposed use including anticipated employment, number of residents and/or visitors, by requirements for similar uses or mixes and other relevant considerations. More specifically, the zoning administrator shall be guided by the following for uses not specified in section 4.12.6.6.2. (Amended 11-16-83) a. For each commercial use ora retail character: One (1) space per each one hundred (100) square feet of retail sales for the first five thousand (5,000) square feet and one (1) space per each two hundred (200) square feet of retail sales area above five thousand (5,000) square feet. (Amended 7-20-88) 9 Draft: 09/26/01 b. For commercial uses of a wholesaling and/or warehousing character: One (1) space per two (2) employees plus one (1) space per each five hundred (500) square feet of floor area open to the public for customer parking, but in all cases a minimum of two (2) customer parking spaces. c. For uses of an industrial character: One (1) space per two (2) employees on the major work shift plus one (1) space per five hundred (500) square feet open to the public for customer parking, but in all cases a minimum of two (2) customer parking spaces. d. For uses of an office character: One (1) space per two hundred (200) square feet of net office floor area. For purposes of this paragraph, net office floor area shall be deemed to be: (i) eighty (80) percent of the gross floor area; or (ii) the actual net office floor area as shown on floor plan~q submitted by the applicant, delineating the actual net office floor area, which plans shall be binding as to the maximum net floor area used. e. For uses of public assembly (indoor or outdoor) character: One (1) space per four (4) fixed seats or per seventy-five (75) square feet of place of assembly whichever shall be greater. f. For dwelling units: Two (2) spaces per unit. g. For recreational uses not specified: One (1) space per one hundred twenty-five (125) square feet of usable recreational area. h. Other permitted uses: A total number of spaces sufficient to accommodate the vehicles of ali employees of the establishment plus those of all persons who may be expected to visit the same at any one time. Sec. 5.1.02 Clubs, lodges. Each club or lodge shall be subject to the following: a. Regardless of .....;~; ....r;,~;..;~,,~.,,..,.,,. ~^~;-- ~;~,..:~,~ . ing. district l-' ...................... ~ ......... any zon regulations, gun clubs and shooting ranges shall be permitted by special use permit only; b. Such sS_ubordinate uses and fund-raising activities such as bingo, raffles; and auctions, crc, may be~onducted outdoors during daylight hours and shall be conducted in an enclosed buildings eatg at all other times. XT ..... ~ ~{;'l;~' ~hO]' [ .... ~11~*~] ka~ ..... I I .fir ~ o.r~c~ (Am d d 6 00) p.m ........ ,.~.m.. ene -14- S.. n a .~ n a v ,~ x o~, hr, ToothY ~ · ,~, ~a-v Day center, family day home ~. o.~.~, ........ , ................... : care . . Each day care'center or family day home shall be subject to the following: a. No such use shall operate without the required licensure by the Virginia Department of Welfare ag a ch/Id c:rc center Social Services. It shall be the responsibility of the owner/operator to transmit to the zoning administrator a copy of the original license ~ud all 10 Draft: 09/26/01 ....................... ~-,j -.~., .............. : ~Fail:ure to do so shall be deemed willful noncompliance with the provisions of this ordLnz,nc, c, chapter; b. Periodic inspection of the premises shall be made by the Albemarle County fire official at his discretion. Failure to promptly admit the fire official for such inspection shall be deemed willful noncompliance with the provisions of this crdLnancc chapter; c. These provisions are supplementary and nothing stated herein shall be deemed to preclude application of the requirements of the Virginia Department of We~arc Social Services, Virginia Department of Health, Virginia State Fire Marshal, or any other local, state or federal agency. Sec. 5.1.07 u,-,n~- =,~o r~xmT ,~on~,xw- A T T v T~Tc AnT ]~ ~,~,Dc,~,m Group homes Each group home shall be subject to the following: a. Conditions may be imposed on such homes to insure their compatibility with other permitted uses, but such conditions shall not be more restrictive than those imposed on other dwellings in the same districts unless'such additional conditions are necessary to protect the health and safety of the residents of such homes; ~' ~' ........ , .................v .......... ., ....... },,,.~,on~, Each group home shall be subject to Albemarle County fire official review. Sec. 5.1.09 Fire, ambulance, rescue squad station (volunteer). Each fire, ambulance or rescue squad station (volunteer) shall be subject to the following: a. Any such use seeking public funding, shall be reviewed by the commission in accordance with section 31.2.5. Specifically, the commission shall find that the proposed service area is not already adequately served by another such facility. In addition, the commission shall consider: growth potential for the area; relationship to centers of population and to high-value property concentrations; and access to and adequacy of public roads in the area for such use. The commission may request recommendation from the Albemarle County fire official and other appropriate agencies in its review; b. 8uc, h sSubordinate uses and fund-~aising activities such as bingo, raffles and auctions may be conducted outdoors during daylight hours and shall be conducted in an enclosed building ovA-y at all other times, xT ..... *- ~+;-~+-. -~-~, *, .... .~,,~+~ ,.~. ..... ~ ~ .~n ._.~ o.tm a.m. (Amended 6-14-00) Sec. 5.1.15 Sawmill, temporary or permanent Each temporary, or permanent sawmill shall be subject to the following: a. No structure and no storage of lumber, logs, chips or timber shall be located closer than one hundred (100) feet to any lot line. Trees and vegetation within the one hundred (100) foot setback shall be maintained as a buffer to adjoining properties and uses, provided that during the last three months of operation such trees may be removed; 11 Draft: 09/26/01 b. No saw, planer, chipper, conveyor, chute or other like machinery shall be located closer than six hundred (600) feet to any dwelling on other property in the area; c. No s-awing, planing, chipping or operation of other processing machinery shall occur between 7.00 p.m. and 7:00 a.m. No loading/unloading of wood/wood products shall occur between 12:00 midnight and 7:00 a.m.; d. All timbering and milling operations, including reforestation/restoration and disposal of snags, sawdust and other debris, shall be conducted in accordance with Title J~6 10.1 of the Virginia Code and the regUlations of the Virginia Di~Ar, L~n Department of Forestry; eo 4:444,18. All such operations shall be subject to the noise limitation requirements of section Sec. 5.1.17 Tourist lodging The zoning administrator, shall issue a zoning compliance clearance for tourist lodging provided that the Albemarle Coun .ty fire official and the Virginia Department of Health ~ issue their approvals for the use, and all other applicable requirements of this chapter are satisfied. Sec. 5.1.19 Wayside stand Each wayside stand shall be subject to the following: a. Structures for wayside stands, including vehicles, shall not exceed six hundred (600) square feet in aggregate floor area nor be located closer than thirty-five (35) feet to any public road right-of-way; b. No such ur, c may way.side stand shall be established without approval of a In .........r, uch reviewing the preliminary site,~,~ ~ ...., -~--,},-~-~-~~ ...... ~-,~."1~"' by the director of planning. -~--; ..... *' plan, the director of planning shall give particular attention to provisions for safe and convenient access from and to the public road and adequacy of delineation of parking. No such plan shall be approved until the Virginia Department of Highwayr, n~nd Transportation ha~viypr-o~t-approves the commercial access to the site. Sec. 5.1.28 Borrow, f'dl or waste areas Each borrow, fill or waste area shall be subject to the following: 12 Draft: 09/26/01 a. · No grading permit shall be iSsued'?o;'~y borrow, fill, or waste area activity exceeding an aggregate volume often thousand (10,000) cubic yards on any one parcel of record on the adoption date of this provision until, in addition to approval of a grading plan, the county engineer has approved a plan and/or narrative for such activity in accordance with the following requirements: 1. The site, both during and after such activity, shall be shaped and sloped for proper drainage in accordance with sections 4.3 and 30.4.13 of this c,r~/na~ncc chapter; 2. No such activity shall occur in any flood plain area except in accordance with section 30.3 of this c,r~knc~ncc chapter nor within three hundred (300) horizontal feet of the edge of any water supply impoundment or tributary thereof without approval of the watershed management official. Provision shall be made for the minimization of ground and surface water contamination; 3. All vehicles used to transport excavated or waste materials shall be loaded in such manner that the material cannot be unintentionally discharged from the vehicle. All such vehicles shall be cleaned of all material not in the load-bed prior to entering onto any public road; 4. The area of such activity and access roads thereto shall be treated or maintained in sucha manner as to prevent dust or debris from blowing or spreading onto adjacent properties or public streets. ~ Depending on the anticipated intensity and duration of the activity and the character of development of adjoining properties, the zoning administrator may require, for the protection of adjoining properties, public roads, and public safety, such setback, fencing and/or landscaping requirements as deemed appropriate; provided that the same shall not exceed the requirements of sections 30.4.6, 30.4.7 and 30.4.9 of this c,r~inancc chapter; 5. Operations involving power equipment of an industrial type shall be limited to the hours of 7:00 a.m. to 9:00 p.m. except in cases cfa public emergency as determined by the director of emergency services for the county. Blasting operations shall be restricted to Monday through Friday between 8:00 a.m. and 5:00 p.m.; 6. Regarding lateral support, all operations shall be conducted in a safe manner with respect ~o the likelihood of hazard to persons, physical damage to adjacent land and improvements, and damage to any public street by reason of slides, sinking, or collapse; 7. Fill and waste areas shall only be for the disposal of natural ~'~; ~ ........ aL such as .... , ..... , ...... v,.e, ............. soil and rock. Disposal of trash and garbage, as defined in section 15 199 13-100 of the Code o.f Albemarle, shall be accomplished in accordance with the requirements of Chapter 13 of the Code of Albemarle; 8. Provision shall be made for site reclamation including but not limited to restoration approximating natural contours and establishment of permanent vegetative ground cover. Such reclamation shall commence within fifteen (15) days of completion of borrow, fill or waste activity, provided reclamation activities of a seasonal nature shall be completed by a date to be established by the county engineer. 13 Draft: 09/26/01 b. In the case of fill or waste activity, the county engineer may refer such plan to the Waste Division of the Virginia Department of Environmental Ouali .ty for comment and recommendation. The county engineer may require additional information and plans from the applicant to facilitate such review. c. In lieu of a plan and narrative as required by this section, the county engineer may accept a contractual agreement between the Virginia Department of t,tig~tys-mid Transportation and its contractor for a public road project; provided that the county engineer shall determine that such agreement satisfies at least to an equivalent extent the requirements and intent of this section. d. The zoning administrator may require posting of a bond in an amount adequate to insure compliance with the requirements of this section prior to commencement of such activity. (Added 7-6-83) Sec. 5.1.25 Farm winery Each farm winery shall be subject to the following: a. The owner shall obtain a farm winery license from the State Alcohohc Beverage Control Board. At least fifty, one (51) percent of the fresh fruits or agricultural products used by the owner to manufacture the wine shall be grown or produced on the farm, unless the State Alcoholic Beverage Control Board waives such requirement; b. Facilities for fermenting and/or botthng wine shall not be established until the vineyard, orchard or other growing area has been established and is in production; The following uses and activities are permitted at a farm winery with the prior approval of a site plan as provided in subsection (d). Special events and festivals are. also subject to the additional requirements set forth in subsection (e): On-premise sale of wine and wine consumption. One location may be established on each farm for the on-premise sale of wine and wine consumption. The ~aggregate total floor area for such sales and consumption shall not exceed fifteen hundred (1500) square feet. A special use permit issued pursuant to section 31.2.4 of this chapter may authorize the aggregate floor area to exceed fifteen hundred (1500) square feet; 2. Daily tours. Daily tours of a farm winery shall be permitted; Special events. Special events shall be permitted up to twelve (12) times per year. For purposes of this section, a special event is an event conducted at a farm winery on a single day for which attendance is allowed only by invitation or reservation and whose participants donot exceed one hundred fifty (150) persons; special events include, but are not limited to, meetings, conferences, banquets, dinners, wedding receptions, private parties and other events conducted for the purpose of marketing Wine: A special use permit issued pursuant to section 31.2.4 of this chapter may authorize the number of special events per year to exceed 14 do Draft: 09/26/01 twelve (12), or the number of allowe&~pa~icipants atany event to exceed one hundred fifty (150), or both; Festivals. Festivals shall be permitted up to four (4) times per year. For purposes of this section, a festival is an event conducted at a farm winery for up to three (3) consecutive days which is open to the general public and conducted for the purpose of marketing wine.' A use or activity identified in subsection (c) is authorized only with the prior approval of a site plan. Prior to approval of the site plan, the owner shall obtain from the Virginia Department of Transportation approval of a commercial entrance to the farm winery, and any required approval from the local office of the Virginia Department of Health. If a site plan waiver is requested, particular consideration shall be given to provisions for safe and convenient access, parking, outdoor lighting, signs and potential adverse impacts to adjoining property, and reasonable standards and conditions may be imposed as conditions of such waiver; Special events and festivals shall be also subject to the following: The owner shall obtain a zoning clearance prior to conducting a festival at which more than one hundred fifty (150) persons will be allowed to attend. A single zoning clearance may be obtained for one (1) or more such festivals as provided herein: The owner shall apply for a zoning clearance at least thirty (30) days prior to the date of the first festival to be authorized by the zoning clearance. The application shall be submitted to the zoning administrator, who shall forward copies of the application to the county police department, the county fire and rescue division, and the local office of the Virginia Department of Health; The application shall describe the nature of each festival to be authorized by the zoning clearance, the date or dates and hours of operation of each such festival, the facilities, buildings and structures to be used, and the number of participants allowed to attend each festival; Upon a determination that all requirements of the zoning ordinance are satisfied and upon receiving approval, and any conditions of such approval, from the other county offices receiving copies of the application, the zoning administrator shall issue a zoning clearance for one or more festivals. The zoning clearance shall be conditional upon the owner's compliance with all requirements of the zoning ordinance and all conditions imposed by the zoning clearance; The zoning administrator may issue a single zoning clearance for two (2) or more festivals if: (i) the application submitted by the owner includes the required information for each festival to be covered by the zoning clearance: (ii) the zoning administrator determines that each such festival is substantially similar in nature and size; and (iii) the zoning 15 Draft: 09/26/01 administrator determines that a single set of conditions that would apply to each such festival may be imposed with the zoning clearance. 2. No kitchen facility permitted by the Health Department as a commercial kitchen ~ shall be allowed on the farm. A kitchen may be used by licensed caterers for the handling, warming and distribution of food, but not for cooking food, to be served at such special event or festival; 3. An outdoor amplified sound system shall be p~ohibited; Sec. 5.3.8.4 Pedestrian access The requirements of section 32.5.19 32.7.2.8 shall be met. Sec. 5.3.8.7 Landscaping and screening The requirements of section .... 32.7.9 shall be met. In addition, screening may be section ........ 32.7.9.8(a) around the entire perimeter of the park, required in accordance with ' ~ ~ Q ~ ~ or part thereof, except where adequate vegetation already exists and a conservation plan has been submitted in accordance with section 32.S.2.3 32.7.9.4(b). Article III. District Regulations See. 10.1 Intent, where permitted This district (hereafter referred to as RA) is hereby created and may hereafter be established by amendment of the zoning map for the following purposes: (Amended 11-8-89) -Preservation of agricultural and forestal lands and activities; -Water supply protection; -Limited service delivery to the rural areas; and -Conservation of natural, scenic, and historic resources. (Amended 11-8-89) Residential development not related to bona fide agricultural/forestal use shall be encouraged to locate in the urban area, communities and villages as designated in the comprehensive plan where services and utilities are available and where such development will not conflict with the agricultural/forestal or other rural objective. Where development does occur, rural residents should ex-ee~ expect to receive a lower level of service delivery than will be provided to residential developments in designated growth areas. In relation to residential development, agricultural/forestal activities shall be regulated only to the extent necessary to protect public health and safety. (Added 11-8- 89) 16 Draft: 09/26/01 In regard to agricultural preservation,.~this di~' i~ iritefided to preserve the county's active farms and best agricultural and forestal lands by providing lot areas designed to insure the continued availability of such lands for preferential land use tax assessment in order to enhance the economy, and maintain employment and lifestyle oppommities. In addition, the continuation and estabhshment of agriculture and agriculturally-related uses will be encouraged, and landowners will be encouraged to employ Virginia State Water Control Board beSt management practices. (Amended 11-8- 89) Sec. 10.3.3.1 Definitions (Added 11-8-89) The following definitions shall apply to any rural preservation development created under ...... ;~;^- ~.,'~.:~- ~ r~ r, .... , .... ~;~* ~ ~ section 10.3.3: a. Development Lot: A lot within a rural preservation development, other than a rural preservation tract, created for the purpose of residential or other permitted usage. b. Rural Preservation Development: A subdivision of land consisting of development lots together with a rural preservation tract. c. Rural Preservation Tract: A lot, the usage and diminishment of which is restricted and protected by legal arrangements to insure its maintenance and preservation for the purpose of: preservation of agricultural and forestal land and activity; water supply protection; and/or conservation of natural, scenic or historic resources. Sec. 27.2.1 By right Except as otherwise limited by section 27.2.2.10, the following uses shall be permitted in any LI district subject to the requirements and limitations of these regulations: (Amended 2-13- 85) 1. Compounding of drugs, including biological products, medical and chemical as well as pharmaceutical. 2. Fire and rescue squad stations (reference 5.1.9). 3. Manufacture, processing, fabrication, assembly, distribution of products such as but not limited to: (Amended 12-2-81; 2-.20-91) -Artists' supplies and equipment. -Business, office machines and equipment. -Cosmetics, including perfumes, perfumed toiletries and perfumed toilet soap. -Drafting supplies and equipment. -Electrical lighting and wiring equipment. -Electrical and electronic equipment and components including radio, telephone, computer, communication equipment, TV receiving sets, phonographs. 17 Draft: 09/26/01 -Food products, such as bakery goods, dairy products, candy, beverages, including bottling plants. -Gifts, novelties including pottery, figurines and similar ceramic products. -Glass products made of purchased glass. -Industrial controls. -Jewelry, silverware. -Light machinery and machine parts, including electrical household appliances but not including such things as clothes washers, dryers and refrigerators. -Musical instruments. -Paper products such as die-cut paperboard and cardboard, sanitary paper products, bags and containers. -Photographic equipment and supplies including processing and developing plant. -Rubber, metal stamps. -Small electrical parts such as coils, condensers, transformers, crystal holders. -Surgical, medical and dental instruments and supplies. -Toys, sporting and athletic equipment, except firearms, ammunition or fireworks. -Watches, clocks and similar timing devices. -Wood cabinets and furniture, upholstery. 4. Publishing, printing, lithography and engraving, including but not limited to newspapers, periodicals and books. 5. Preparation of printing plates including typesetting, etching and engraving. 6. Research and development activities including experimental testing. 7. Scientific or technical education facilities. 8. Assembly and fabrication of light aircraft from component parts manufactured off- site. 9. Contractor's office and equipment storage yard. 10. Engineering, engineering design, assembly and fabrication of machineDr and components, including such on-site accessory uses as machining, babbitting, welding 18 Draft: 09/26/01 and sheet metal work em:lc--k-: per ',mit and excluding such uses as drop hammering and foundry. 11. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5~12-93) 12. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or mink hnes, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11- 1-89) 13. Temporary construction uses (reference 5.1.18). 14. Business and professional office buildings. 15. Dwellings (reference 5.1.21). (Added 4-17-85) 16. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5~86) 17. Warehouse facilities and wholesale businesses not involving storage of gasoline, kerosene or other volatile materials; dynamite blasting caps and other explosives; pesticides and poisons; and other such materials which could be hazardous to life in the event of accident. (Added 12-2-87) Sec. 30.3.02.2 Determination of floodway and floodway fringe in the approximated flood plain ' Except for such uses permitted in the floodway in accordance with section 30.3.5, no use, structure or building shall be established and no rezoning petition, site development plan, subdivision plat, building permit or other county approval shall be given for lands located within any approximated flood plain, prior to verification by the county engineer as to the limits of the floodway and floodway fringe within such lands. In his determination of the limits of the floodway and floodway fringe, and one hundred year flood elevation, the county engineer may request assistance from the Federal Insurance Administration, the United States Army Corps of Engineers, and such other qualified agencies and persons as he deems appropriate. The cotmty engineer shall require the applicant to provide such information as he deems reasonably necessary to make his determination. The cost of such determination shall be borne entirely by the applicant. Sec. 30.5.6 Area and bulk regulations and options for bonus factors Area and .bulk regulations and options for bonus factors shall be as for and subject to the 19 Draft: 09/26/01 district regulations of the underlying basic and/or other overlay diStricts as cited in section 30.5.2, except that the following limitations shall apply: Except as herein otherwise expressly provided, no buildings or structures other than necessary accessory appurtenant fences and/or walls shall be constructed within sixty-five (65) feet of the edge of any designated stream at mean annual flow level. In addition, within sixty- five (65) feet of the edge of any designated stream at mean annual flow level, there shall be no excessive cutting of any forested area. Any such forested area shall be deemed to have been excessively cut if, as a result of any cutting operation or series or combination of operations, the area of the canopy of such forested area shall .be reduced by more than twenty-five (25) percent on any one parcel of land as determined by reference to the aerial photographs of such area taken in December 1980 and owned and maintained by the county, provided that any cutting not prohibited by this section shall be done in Such a manner as to maintain insofar as possible a uniform density of trees throughout the entire portion of any land parcel affected hereunder. such district may be part of a lot and countable for purposes of area, density and yard requirements unless otherwise prohibited within this ~ chapter. If any requirement of chapter 17 is more restrictive than any requirement in this section 30.5.6, then the requirement in chapter 17 shall apply. (Amended 9-9-92) Article IV. Procedure Sec. 31.2.1 Permits required; conformance Buildings or structures shall be started, reconstructed, enlarged or altered only after a building permit has been obtained from ,h~,~..,~ -~-,-,~--~,.~^~;~ .,~....~.~,.,.~,,.~--:~.~*~ building official. No building permit or certificate of occupancy shall be issued in violation of zoning or other local ordinances. Sec. 31.2.3.1 Certificate of occupancy It shall be unlawful to use or permit the use of any building structure or premises, or part thereof, hereafter created, erected, changed, converted, altered or enlarged, wholly or partly in its use or structure, until a certificate of occupancy indicating completion of the work for which a permit was issued, sh~dl *'~,~':c bccn i___s issued therefor by the zoning administrator. Final inspection approval or approvals may serve as the certificate of occupancy for any addition or alteration to a structure for which a certificate of occupancy has already been issued. Such The certfficate shall show that ..... the ........ ~ structure, premises or part thereof, and the proposed use thereof_~ is in conformity with the provisions of this cr~;.nmncc chapter.; prc;Sde~ t,*'.~ -:&ere When structures are completed and ready for occupancy prior to the completion of all improvements required by the s~te d ..... r ....... plan, and the zoning administrator determines that the site may be occupied consistently with the public health, safety and welfare;,' 20 a. Except as provided in subsection (c), the owner may provide a certified check, bond with sure .ty satisfactory, to the county, a letter of credit satisfactory to the county, or other form of surety satisfactory to the coun .ty ~pproved by the county attorney, in an amount sufficient for and conditioned upon the completion of the improvements,related to the structure for which ..t. he permit is sought, within one (1) year. upon the providing of such bond with surety, a permit may be issued for the occupancy of those structures already completed b. The board of supervisors may extend the period of the surety if the applicant demonstrates that the extension is required 1;ecause of adverse weather conditions or other unusual circumstances beyond the applicant's control, rather than the applicant's failure to diligently pursue completion or other masons. c. A certificate of occupancy shall not be issued, and a surety shall not be accepted. if the zoning administrator determines that improvements directly related to health and safety. such as fire hydrants and safe and convenient access to public ro~tds, have not been completed and are not operational. Sec. 31.2.3.2 Zonin~ compliance clearance An occupant shall obtain a zoning compliance clearance from the zoning admini.qtrator when: (1) a new commercial or industrial use is first established on a parcel; (2) an existim,. commercial or industrial use is changed or intensified; or (3) the occupant of a non-residential use changes. The zoning compliance clearance shall be issued only if the zoning administrator determines that the structure or premises and its use comply with the requirements of this chapter. For purposes of this section, production agriculture is not a commercial or indust6a! use; a home occupation is a commercial use. 21 Draft: 09/26/01 Sec. 31.2.33 Authority to not issue certificate of occupancy or zoning compliance clearance sections 31.2.3. I and 31.2.3.2, nothing contained herein shall be deemed to obligate the zoning administrator, following review of any building or premises, to issue a certificate of occupancy or zoning compliance clearance in any case in which the zoning administrator determines that additional improvements are necessary as precedent to ~ issuing a certificate of occupancy or a zoning compliance clearance to protect the public health or safety, whether or not v;.-.c?~ thee improvements are shown on the approved site d,~qopmem plan. (Added 9-'9-92) Sec. 31.2.4.2.2 Withdrawal of application An application shall be withdrawn, or be deemed to be withdrawn, as provided herein: a_. Ans~ application filed pursuant to section 31.2.4.2 above may be withdrawn upon written request by the applicant. The written request must be received by the body considering the application prior to it beginmng consideration of the matter on the meeting agenda. Upon receipt of the request for withdrawal, processing of the application shall cease without' further action by the commission or the board. Substantially the same application shall not be reconsidered within twelve (12) months of the date of the withdrawal unless the body considering the application at the time of withdrawal specifies that the time limitation shall not apply. b. If the applicant requests that further processing or formal action on the application be indefinitely deferred, the application shall be deemed to have been voluntarily withdrawn by the applicant if the commission or the board does not take action on the application within twelve (12) month~ after the date the deferral was requested. Upon written request received by the director of planning and communi .ty development before the application is deemed to be withdrawn, the director may grant one extension of the deferral period for a period determined to be reasonable, taking into c0n~qideration the size or nature of the proposed use, the complexi .ty of the review, and the laws in effect at the time the request for extension is made. (Added 6-19-96) Sec. 31.2.4.3 Conditions The board of supervisors may impose upon any such permit such conditions relating to the use for which such permit is granted as it may deem necessary in the public interest and may require a bond with surety or other approved security to ensure that the conditions so imposed shall be complied with. Such conditions shall relate to the purposes of this ordinance, including, but not limited to, the prevention of smoke, dust, noise, traffic congestion, flood and/or other hazardous, deleterious or otherwise undesirable substance or condition; the provision of adequate police and fire protection, transportation, water, sewerage, drainage, recreation, landscaping and/or screening or btfffering; the establishment of special requirements relating to the building setbacks, front, side and rear yards, off-street parking, ingress and egress, hours of operation, outside storage of materials, duration and intensity of use, building height and/or other particular aspects of occupancy or use. Except as the board of supervisors may otherwise specifically provide in a particular case, any condition imposed under the authority of this section shall be deemed to be essential to and nonseimerable from the issuance of the permit itself. 22 Draft: 09/26/01 Sec. 31.2.4.4 Revocation Any st~ecial use permit issued pursuant to this ....... chapter may be revoked by the board of supervisors, after notice and hearing pursuant to ~+:^~ ~ ~ ~ ~,.m~ Code § 15.2-2204, for willful noncompliance with this crdknaneo chapter or any conditions imposed under the authority of ~u~h/:. :eetic, n .section 31.2.4.3. In ~e event 5at If the use, structure or activity for which a::y c, ueh a special use~ i-~-i~ s~a!! net bo is not~ommenced within ~ twenty-four (24) months after the i::uanee cf :.uc~ permit ~ed, the same permit shall be deemed abandorfed and the authority granted thereunder shall thereupon terminate. For purposes of this section, if the use authorized by the permit requires the construction of one or more structures the term ............... ~...~ ~ means the ccm~encem:r.t of starting the lawful physical construction of any structure necessary to the use cf :.uck. authorized by the permit within V;:cv--Jt"x ......., ~.. ~.....c-^-- **.....~ ....~.~'~*~ ,. .... c_.,.:~,, :. ,. .... a ......... ~*~ "':*h: .... t~ ~ ....twenty-four (24) months after the permit is issued. - .... :~ '~-~* }. ............... The board of supervisors may, as a condition of approval, mapose ....... ......................an alternative period in which to commence 'the use, structure or activity as may be reasonable in a particular case. A determination that a permittee commenced a use, structure or activity under this section Js not a determination that the permitt¢c has acquired a vested right under Vir~ini.,.. Code § 15.2-2307. Sec. 32.4.2.7 Appeal and iudicial review If the agent or the commission disapproves a prelim/nary site plan, such action shall be subject to judicial review as provided in :,ccticn ~ ~ ~ ~n ^~,.~.~ ~ ~ni ................. o Vir a Code § 15.2- 2260. Nothing herein shall preclude the developer from first appealing the decision of the agent or commission to the board of supervisors, provided that such appeal is submitted in writing in the office &the agent within ten (10) calendar days after the date of such disapproval. The board of supervisors may affirm, reverse or modify in whole or in part, the decision of the agent or the commission. In so doing, the board of supervisors shall give due consideration to the recommendations of the agent, the site review committee or the commission. In addition, it may consider such other evidence as it deems necessary for a proper review of the application. Sec. 32.4.2.8 Application deemed withdrawn If the applicant requests that further processing or formal action on the application for a preliminary, site plan be indefinitely deferred, the application shall be deemed to have been voluntarily withdrawn by the applicant if the agent, commission, or board does not take action on the application within six (6) months after 'the date'the deferral was requested. Upon written request received by the director of planning and community development before the application i~ deemed to be withdrawn, the director may grant one extension of the deferral period for a period determined to be reasonable, taking into consideration the size or nature of the proposed development, the complexity of the review, and the laws in effect at the time the request for extension is made. Sec. 32.4.3.10 Application deemed withdrawn If the applicant requests that further processing or formal action on the application for a final site plan be indefinitely deferred, the application shall be deemed to have be~n voluntarily withdrawn by the applicant if the agent, commission, or board does not take action on the 23 Draft: 09/26/01 application within six (6) month~ after the date the deferral was requested. Upon written request received by the director of planning and community development before the application is deemed to be withdrawn, the director may grant one extension of the deferral period for a periOd determined to be reasonable, taking into consideration the size or nature of the proposed development, the complexity of the review, and the laws in effect at the time the request for extension is made. Sec. 32.7.9.4 Contents The landscape plan shall show the following: a. The location, size and type of all proposed plant materials, and verification that minimum landscaping and screening requirements have been satisfied. Plant materials may be indicated in the following generic terms on the landscape plan: large or medium shade tree; screening tree; screening shrub; or street shrub. The required plant materials shall be chosen from a recommended species list approved'by the agent. Plant material not listed may be substituted for required plant material only if such substitution is expressly approved by the agent. (32.8.2.2, 7-10-85; Amended 5-1-87) b. Existing trees or wooded areas may be preserved in lieu of planting new materials in order to satisfy landscaping and screening requirements, subject to the agent's approval. In such case, the landscape plan shall indicate the trees to be saved; limits of clearing; location and type of protective fencing; grade changes requiring tree wells or walls; and trenching or tunneling proposed beyond the limits of clearing. In addition, the applicant shall sign a conservation checklist approved by the agent to insure that the specified trees will be protected during construction. Except as otherwise expressly approved by the agent in a particular case, such checklist shall conform to specifications contained in the Virginia Erosion and Sediment Control Handbook, pp pages~,_m ,.,~'~oA ,~.~,,,.~,~*. m~,~ ,.,'m'~, ~-.,,.,tn ~o~ through 111-413, and as hereafter amended. (32.8.2.3, 7-10-85; Amended 5-1-87) c. In addition, the landscape plan shall indicate existing landscape features on the site. Such features shall include, but shall not be limited to: 1. Wooded area indicated by general type (evergreen or deciduous) and location of tree line; 2. Small groups of trees and individual trees of six (6) inch caliper or greater, or ornamental trees of any size, indicated by common name, approximate caliper and location; 3. Natural features which distinguish the site, such as prominent ridge lines, rock outcroppings or water features; 4. Man-made features of local, historic or scenic importance; 5. Scenic vistas across the site from a public road. The agent may require that any or all such features be preserved upon determination following a site inspection, that the features contribute significantly to the character of the 24 Draft: 09/26/01 Albemarle County landscape and that the preservatio~.~f such features is necessary to satisfy the purpose and intent of this chapter. The purpose of this section is to protect unique amenities which could otherwise be irretrievably lost due to careless site design. It isnot intended that this section be applied indiscriminately, nor to prohibit development. (32.8.2.4, 7-10-85; Amended 5-1-87) Sec. 33.0 Amendments The board of supervisors may amend, supplement, or change the regulations in thc zcr~ng cr~inanco this chapter, or the zoning boundaries or classifications of property on the zoning map, in conformity with the provisions of Article 7 of Chapter 22 of Title 15.12 P~iclc 7, .... v .....15.2 of the Code of Virginia (1950), as amended, and the provisions and purposes of this section. Sec. 33.7 Withdrawal of petitions A .petition shall be withdrawn, or be'deemed to be withdrawn, as provided herein: a. A~ petition filed pursuant to section 33.2.1 abc, vc, may be withdrawn upon written request by the applicant. The written request must be received by the body considering the application prior to it beginning its consideration of the matter on the meeting agenda. Upon receipt of the request for withdrawal, processing of the petition shall cease without further action by the commission or the board. Substantially the same petition shall not be reconsidered within twelve (12) months of the date of withdrawal unless the body considering the ,,},~ ...... n petition at the time of withdrawal specifies that the time limitation shall not apply. b. If the applicant requests that further processing or formal action on the petition be indefinitely deferred, the petition shall be deemed to have been voluntarily withdrawn by the petitioner if the commission or the board does not take action on the petition within twelve (12) months after the the date the deferral was requested. Upon written request received by the director of planning and communi .ty development before the petition is deemed to be ;~vithdrawn. the director may grant one extension of the deferral period for a period determined to be rea.sonable, taking into consideration the size or nature of the proposed use, the complexity of the, rewew, and the laws in effect at the time the request for extension is made. (Amended 6-19-96) Sec. 33.8.1 Posting of property - Planning Commission hearing At least fifteen (I5) days ~ before the commission's public heating, the zoning administrator or designee shall erect on the property specified in section 33.8 above, a sign or signs indicating the property is to be subject to public hearing and referencing how to obtain additional information regarding :uc~. the hearing. The sign shall be erected within ten (10) feet of whatever boundary line of guc~ land the property abuts a public road and shall be so placed as to be clearly visible from the road. If more than one :,uc~ public road abuts the property, then either: (1) a sign shall be erected in the same manner as above for each such abutting road; or (2) if the area of the property, to be used if the application was granted is confined to a particular portion of the property, a sign erected in the same manner as above for the abutting road that is in closest proximity to, or would be impacted by, the proposed use~ If no public road abuts ~crcon the property, then. signs shall be erected in the same manner as above on at least two boundaries 25 Draft: 09/26/01 of the property abutting land not owned by the applicant in locations that are most conspicuous to the public. The filing of the petition or application shall be deemed to grant consent to the zoning administrator or designee to enter upon the property and to erect the signs. Upon a finding by the board of supervisors that failure to comply with the posting requirements of this section has denied the public reasonable notice of the public hearing, the board may defer action on the petition or application until reasonable notice by posting is given~ (Amended 6-19-96) I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a regular meeting held on Mr. Bowerman Mr. Dottier Ms. Humphris Mr. Martin Mr. Perkins Ms. Thomas Aye Nay Clerk, Board of County Supervisors 26 ZTA-2001-011 Revised September 25, 2001 ATTACHMENT C GUIDE TO PROPOSED ORDINANCE REVISIONS RECOMMENDED FOR APPROVAL BY THE PLANNING COMMISSION ARTICLE I. GENERAL PROVISIONS establishes the basic framework of the ordinance including specific language from enabling legislation. This article recites the ordinance's authority, purpose and intent, relation to the environment and the Comprehensive Plan. Further, it provides for the official zoning map, the application of regulations, and definitions. This petition would amend the following definitions: Section 3.1 Definitions Abattoir: would be deleted. This use would be included in "custom slaughterhouse." Automobile Graveyard: would be deleted. This use is included in "junkyard." Attached: would be added. Building: would remove reference to the purpose of the building. Car wash: would be added to provide a definition for the use identified as "automobile laundry." Cellar: would be repealed because this term is not used elsewhere in the ordinance. Cluster development: would be clarified. Condominium: would be added. Day Care, ChiM Care Center or Nursery Facility: would be deleted. See Day care center. Day care center: would be added to consolidate the definitions for "child care", "day care", "nurseries" and "nursery facilities" into one definition that-is consistent with the Virginia Code. Detached: would be added. Dormitory: would be repealed because this term is not used elsewhere in the ordinance. Easement: would be clarified. Eating establishment: would be deleted as a separate definition and included in the definition of"restaurant." Family day home: would be added. The Planning Commission recommended that the definition make clear that this use is permitted in any type of single family dwelling. ZTA-2001-011 Revised September 25, 2001 Fast food restaurant: would be deleted as a separate definition and included in the definition of "restaurant." Graveyard: would be deleted in favor of existing definition of "cemetery." Group home: would be revised to be made consistent with the Virginia Code and to correctly identify relevant state agencies. The Planning Commission recommended that the definition make clear that this use is permitted in any type of single family dwelling. Home .for Developmentally Disabled Persons: would be deleted. This use would be included in the definition of "group home." Industrialized building: would be added. This term and definition are consistent with the '" - me" building code. It replaces "temporary non-residential moDne no . Inoperable motor vehicle: would be deleted. Inoperable vehicle: would be added to clarify the definition of"inoperable motor vehicle." dunk: would be added. dunkyard: would be clarified. Manufacture and/or manufacturing: would be deleted. Manufacture or manufacturing: would clarify the heading and the definition. Manufactured home: would be added. The term and definition are consistent with the building code. It replaces the term "mobile home." Museum: would be added. Nursery school: See "Day Care, etc. "' would be deleted. These uses would be included in the consolidated definition of day care center. " d Office: would be clarified. The new definition would include "administrative office an professxonal office. Private school: would be clarified. This definition would generally include the uses identified as "schools of special instruction" and "technical and trade school" Professional office: would be deleted as a separate use and consolidated in the definition of office. -2- ZTA-2001-011 Revised September 25, 2001 Proffer: would be added. Restaurant: would be revised to clarify the definition and to consolidate the definitions of "eating establishment" and "fast food restaurant" into the definition of restaurant. School of Sl~ecial Instruction: would be deleted. This use would be included in the definition of "private school." Service station: would be added. This definition would include the use "automobile service station." Siteplan: would be added. Slaughterhouse, custom: would be clarified. The use identified as "abattoir" is included in this definition. Use: would be added. Variance: would be added. ARTICLE II. BASIC REGULATIONS are provisions that govern all uses in all zoning districts in a uniform manner (unless special provisions are apphcable, such as is the case with planned developments). The following text amendments are proposed for this article: 1. Section 4.6.2 Lots, determination of the front: would be consolidated into one section. Section 4.6.2.1 would be amended to clarify the language. Section 4.6.2.2 would be amended to define both portions of a comer lot abutting a street as a front, regardless of the lotting pattern. This is consistent with current practice. Section 4.6.2.3 would be amended to clarify the language regarding double frontage lots. 2. Section 4.8.2 Temporary_ mobile homes would be amended to use the term industrialized building. This is consistent with the building code. 3. Section 4.9 BUILDINGS AND STRUCTURES: HANDICAPPED ACCESS would be amended to make handicapped accessibility regulations consistent with current and future provisions of the Americans with Disabilities Act. This is consistent with current practice. Section 4.12.6.5 e Parking space size would be amended to make specifications for handicapped parking spaces consistent with the Americans with Disabilities Act. -3- ZTA-2001-011 Revised September 25, 2001 o Section 4.12.6.6.1 d Determination o f number of parking spaces required for unspecified uses would be amended to clarify that the term net office floor area is deemed to be 80% of gross floor area. This is consistent with current practice. Section 5.1.02 Clubs, lodges would be amended to clarify the language and to remove reference to hours of operation. Section 5.1.06 DAY CARE, NLYRSERY FACILITY would be amended to make these supplemental regulations consistent with state regulations governing day care centers and family day homes. The term Welfare would be replaced with Social Services. The requirement to notify the Zoning Administrator of any license renewals, expiration, suspension, or revocation within three days would be repealed. This responsibility rests with the Department of Social Services. Section 5.1.07 HOME FOR DEVELOPMENTALLY DISABLED PERSONS would be amended to replace the existing term with "group home." Section 5.1.09 b Fire, ambulance, rescue squad, station (volunteer) would be amended to delete reference to hours of operation. 10. Section 5.1.15 Sawmill, temporary or permanent (SEE ALSO SECTION 5.1.23) would be amended to correct the State Code section governing forestry and to correct the name of the Virginia Department of Forestry. Reference to section 5.1.23 would be deleted because that section was repealed in 1992. 11. Section 5.1.17 Tourist lodging would be amended to clarify the language and to repeal the requirement to renew tourist lodging permits every five years. The Planning Commission recommended that the proposal to require VDOT approval of commercial access be deleted. 12. Section 5.1.19 Wayside stand would be amended to clarify the language and to replace Virginia Department of Highways with Virginia Department of Transportation. 13. Sections 5.1.28.1, 5.1.28.2, & 5.1.28.4 Borrow, fill or waste areas would be amended to clarify the language. Section 5.1.28.7 Borrow, fill or waste areas would be amended to replace "natural materials such aS -soil, rock, stumpage and the like" with soil and rock. This is consistent with the Virginia Code. Sections 5.1.28.8 (b) Borrow, fill or waste areas..would be amended to replace Virginia Department of Health Waste Division with Virginia Department of Environmental Quality. -4- ZTA-2001-011 Revised September 25, 2001 15. 16. 17. Sections 5.1.28.8 (c) Borrow, fill or waste areas would be amended to clarify the language and to replace Virginia Department of Highways with Virginia Department of Transportation Section 5.1.25.4 Farm Winery_ would be amended to delete reference to hours of operation. Section 5.3.8.4 Pedestrian Access would be amended to correctly reference section 32.7.2.8. Section 5.3.8.7 LANDSCAPING AND SCREENING would be amended to correctly reference the landscaping provisions in sections 32.7.9 LANDSCAPING AND SCREENING REQUIREMENTS, 32.7.9.8(a) SCREENING and 32.7.9.4(b) CONTENTS (including conservation plan). Article III. DISTRICT REGULATIONS contain specific regulations for individual zoning districts. 1. Section 10.1 Intent, where permitted (Rural Areas) would be amended to correct a typographical error. 2. Section 10.3.3.1 Definitions would be amended to clarify the language and to specifically reference section 10.3.3. 3. Section 27.2.1.10 BY RIGHT (Light Industrial) would be amended to delete the requirement that machinery for welding and sheet metal work be limited to fifteen horse power per unit. 4. Section 30.3.02.2 DETERMINATION OF FLOODWAY AND FLOODWAY FRINGE IN [A]PPROXIMATED FLOOD PLAIN would be amended to correct the typographical error in this heading. 5. Section 30.5.6 ARF. A AND BULK REGULATIONS AND OPTIONS FOR BONUS FACTORS (Scenic Streams Overlay District) would be amended to establish the aerial photographs taken in December of 1980 as the basis for enforcement of the tree canopy requirements of this section. Also, Chapter'17 WATER PROTECTION would be referenced in this section. Article IV. PROCEDURE, provides for administration, enforcement and interpretation of the ordinance, site plan review process, amendment process, establishment of the BZA and the ARB and fees. Section 31.2.3.1 PERMITS REQUIRED; CONFORMANCE would be amended to provide that the building official rather than the zoning administrator issues building permits. -5- ZTA-2001-011 Revised September 25, 2001 2. Section 31.2.3 CERTIFICATES OF OCCUPANCY; ZONING COMPLIANCE o CLEARANCE would be amended to divide the regulations for COs and clearances into two separate sections for clarity. Section 31.2.3.1 Certificate of occupancy (proposed) would amend provisions for certificates of occupancy in order to make them consistent with the building code. Section 31.2.3.1 (a), (b) and (c) Certificate of occupancy (proposed) would be amended to clarify the provisions for the bonding of work not yet completed. Section 31.2.322 Zoning compliance clearance (proposed) would be amended to clarify the language pertaining to clearances. Section 31.2.3.3 Authority to not issue certificate of occupancy or zoning clearance. (proposed) would be amended to clarify, the language of this section and to set it apart with this heading. Section 31.2.4.2.2 WITHDRAWAL OF APPLICATION pertains to special permits. This would be amended to provide a process of automatic voluntary withdrawal of an application for a deferral of a special permit in the event there is no action taken by the commission or board within twelve months of the filing of the application. The Planning Commission recommended that the language make clear that the extension period begins on the date that the deferral was is requested. 8. Section 31.2.4.3 CONDITIONS would be amended to correct the spelling of nonseverable. Section 31.2.4.4 REVOCATION would be amended to clarify the language of this section. Also, this section would be amended to provide for a single standard of 24 months regardless of whether or not construction is involved. 10. Section 32.4.2.7 would be amended to title this section "Appeal and Judicial review" and to properly identify the Code of Virginia. 11. Section 32.4.2.8 Application deemed withdrawn would be added. This would provide a process of automatic voluntary withdrawal of a prehminary site plan in the event there is no action taken by the agent, commission or board within six months of the filing of the application. The Planning Commission recommended that the language make clear that the extension period begins on the date that the deferral was is requested. 12. Section 32.4.3.10 Application deemed withdrawn (proposed) would be added. This would provide a process of automatic voluntary withdrawal of a final site plan in the event there is no action taken by the agent, commission or board within six months of the filing of an application for deferral. The Planning Commission recommended that -6- ZTA-2001-011 Revised September 25.. 2001 the language make clear that the extension period begins on the date that the deferral was is requested. 13. Section 32.7.9.4 (b) CONTENTS would be amended to correct the page numbers cited in the Virginia Erosion and Sediment Control Handbook. 14. Section 33.0 AMENDMENTS would be revised to correct the applicable sections of the Code of Virginia. 15. Section 33.7 WITHDRAWAL OF PETITIONS would be modified to provide a process of automatic voluntary withdrawal of a rezoning petition in the event there is no action taken by the commission or board within twelve months of a filing of an application for deferral. This section also would provide a process for extensions. The Planning Commission recommended that the language make clear that the extension period begins on the date that the deferral was is requested. 16. Section 33.8.1 POSTING OF PROPERTY would be amended to clarify procedures for the posting of signs on parcels fronting on more than one road and for posting signs in a manner that accurately identifies the location of a proposed activity on a large parcel. -7- ZTA-200!-011 ATTACHMENT D GUIDE TO PROPOSED ORDINANCE REVISIONS ARTICI,E I. GENERAL PROVISIONS establishes the basic framework of the ordinance including specific language from enabling legislation. This article recites the ordinance's authority, purpose and intent, relation to the environment and the Comprehensive Plan. Further, it provides for the official zoning map, the application of regulations, and definitions. This petition would amend the following definitions: Section 3.1 Definitions Abattoir: would be deleted. This use would be included in "custom slaughterhouse." Automobile Graveyard: would be deleted. This use is included in "j unkyard." Attached: would be added. Building: would remove reference to the purpose of the building. Building, Height of' would be revised to make the method of determination of building height in the ordinance consistent with that of the Building Code. Upon further analysis, staff has found that the maximum permitted height as determined by the building code may vary somewhat from the maximum height permitted by the existing ordinance in some cases. Therefore, this revision is found to be substantive and not appropriate for amendment as a housekeeping matter. Staff recommends that this provision not be included in this ZTA. Car wash: would be added to provide a definition for the use identified as "automobile laundry.." Cellar: would be repealed because this term is not used elsewhere in the ordinance. Cluster development: would be clarified. Commercial vehicle: would be added. Condominium: would be added. Day Care, Child Care Center or Nursery Facility: would be repealed. Day car center: would be added to consolidate the definitions for "child care", "day Care", "nurseries" and "nursery facilities" into one definition that is consistent with the Virginia Code. Detached: would be added. Dormitory: would be repealed because this term is not used elsewhere in the ordinance. -1- ZTA-2001-01 ! Easement: would be clarified. Eating establishment: would be deleted as a separate definition and included in the definition of "restaurant." Family day home: would be added. Fast food restaurant: would be deleted as a separate definition and included in the definition of "restaurant." Fleet. vehicle: would be added. Graveyard: would be deleted in favor of existing definition of "cemetery." Grocery store: would be added. Group home: would be revised to be made consistent with the Virginia Code and to correctly identify relevant state agencies. Home for Developmentally Disabled Persons: would be deleted. This use would be included in the definition of "group home." Industrialized building: would be added. This term and definition are consistent with the building code. It replaces "temporary non-residential mobile home." Inoperable motor vehicle: would be deleted. InOperable vehicle: would be added to clarify the definition of "inoperable motor vehicle." Junk: would be added. Junkyard: would be clarified. Manufacture and/or r~anufacturing: would be deleted. Manufacture or manufacturing: would clarify the heading and the definition. Manufactured home: would be added. The term and definition are consistent with the building code. It replaces the term "mobile home." Museum: would be added. Nursery school: See "Day Care, etc. ": would be deleted. These uses would be included in the consohdated definition of day care center. -2- ZTA-2001-011 Office: would be clarified. The new definition would include "administrative office" and "professional office." Private school: would be clarified. This definition would generally include the uses identified as "schools of special instruction" and "technical and trade school" Professional office: would be deleted as a separate use and consolidated in the definition of office. Proffer: would be added. Restaurant: would be revised to clarify the definition and to consolidate the definitions of "eating establishment" and "fast food restaurant" into the definition of restaurant. School of Special Instruction: would be deleted. This use would be included in the definition of"private school." Service station: would be added. This definition would include the use "automobile service station." Site plan: would be added. Slaughterhouse, custom: would be clarified. The use identified as "abattoir" is included in this definition. Use: would be added. Variance: would be added. ARTICLE II. BASIC REGULATIONS are provisions that govern all uses in all zoning districts in a uniform manner (unless special provisions are applicable, such as is the case with planned developments). The following text amendments are proposed for this article: 1. Section 4.6.2 Lots, determination of the front: would be consolidated into one section. Section 4.6.2.1 would be amended to clarify the language. Section 4.6.2.2 would be amended to define both portions ora comer lot abutting a street as a front, regardless of the lotting pattern. This is consistent with current practice. Section 4.6.2.3 would be amended to clarify the language regarding double frontage lots, -3- ZTA-2001-011 Section 4.8.2 Temporary_ mobile homes would be amended to use the term industrialized building. This is consistent with the building code. 3. Section 4.9 BUILDINGS AND STRUCTURES: HANDICAPPED ACCESS would be amended to make handicapped accessibility regulations consistent with current and future provisions of the Americans with Disabilities Act. This is consistent with current practice. Section 4.12.6.5 e Parkin~ space size would be amended to make specifications for handicapped parking spaces consistent with the Americans with Disabilities Act. Section 4.12.6.6.1 d Determination of number of parking spaces required for unspecified uses would be amended to' clarify that the term net office floor area is deemed to be 80% of gross floor area. This is consistent with current practice. Section 5.1.02 Clubs, lodges would be amended to clarify the language and to remove reference to hours of operation. Section 5.1.06 DAY CARE, NURSERY FACILITY would be amended to make these supplemental regulations consistent with state regulations governing day care centers and family day homes. The term Welfare would be replaced with Social Services. The requirement to notify the Zoning Administrator of any license renewals, expiration, suspension,.or revocation within three days would be repealed. This responsibility rests with the Department of Social Services. 8. Section 5.1.07 HOME FOR DEVELOPMENTAl J JY DISABLED PERSONS would be amended to replace the existing termwith "group home." 9. Section 5.1.09 b Fire, ambulance, rescue squad, station (volunteer) would be amended to delete reference to hours of operation. 10. SectiOn 5.1.15 Sawmill, temporary_ or permanent (SEE ALSO SECTION 5.1.23) would be amended to correct the State Code section governing forestry and to correct the name of the Virginia Department of Forestry. Reference to section 5.1.23 would be deleted because that section was repealed in 1992. 11. Section 5.1.17 Tourist lodging would be amended to clarify the language and to repeal the requirement to renew tourist lodging permits every five years. 12. Section 5.1.19 Wayside stand would be amended to clarify the language and to replace Virginia Department of Highways with Virginia Department of Transportation. 13. Sections 5.1.28.1, 5.1.28.2, & 5.1.28.4 Borrow, fill or waste areas would be amended to clarify the language. -4- ZTA-2001~011 Section 5.1.28.7 Borrow, fill or waste areas would be amended to replace "natural materials such as soil, rock, stumpage and the like" with soil and rock. This is consistent with the Virginia Code. Sections 5.1.28.8 (b) Borrow, fill or waste areas would be amended to replace Virginia Department of Health Waste Division with Virginia Department of Environmental Quality. Sections 5.1.28,8 (c) Borrow, fill or waste areas would be amended to clarify the language and to replace Virginia Department of Highways with Virginia Department of Transportation 15. Section 5.1.25.4 Farm Winery_ would be amended to delete reference to hours of operation. 16. Section 5.3.8.4 Pedestrian Access would be amended tO correctly reference section 32.7.2.8. 17. Section 5.3.8.7 LANDSCAPING AND SCREENING would be amended to correctly reference the landscaping provisions in sections 32.7.9: LANDSCAPING AND SCREENING REQUIREMENTS, 32.7.9.8(a) SCREE~NING and 32.7.9.4(b) CONTENTS (including conservation plan). Article III. DISTRICT REGULATIONS contain specific regulations for individual zoning districts. 1. Section 10.1 Intent, where permitted. (Rural Areas) would be amended to correct a typographical error. 2. Section 10.3.3.1 Definitions would be amended to clarify the language and to specifically reference section 10.3.3. Section 27.2.1.10 BY RIGHT (Light Industrial)would be amended to delete the requirement that machinery for welding and sheet metal work be limited to fifteen horse power per unit. Section 30.3.02.2 DETERMINATION OF FLOODW:AY AND FLOODWAY FRINGE IN [A]PPROXIMATED FLOOD PLAIN would be amended to correct the typographical error in this heading. Section 30.5.6 AREA AND BULK REGULATIONS AND OPTIONS FOR BONUS FACTORS (Scenic Streams Overlay District) would be amended to establish the aerial photographs taken in December of 1980 as the basis for enforcement of the tree canopy requirements of this section. Also, Chapter 17 WATER PROTECTION would be referenced in this section. -5- ZTA-2001-011 Article IV. PROCEDURE, provides for administrmion, enforcement and interpretation of the ordinance, site plan review process, amendment process~ establishment of the BZA and the ARB and fees. Section 31.2.3.1 PERMITS REQUIRED; CONFORMANCE would be amended to provide that the building official rather than the zoning administrator issues building permits. Section 31.2.3 CERTIFICATES OF OCCUPANCY; ZONING COMPLIANCE CLEARANCE would be amended to divide the regulations for COs and clearances into two separate sections for clarity. 3. Section 31.2.3.1 Certificate of occupancy (proposed) would amend provisions for certificates of occupancy in order to make them consistent with the building code. 4. Section 31.2.3.1 (a) Certificate of occupancy (proposed) would be amended to clarify the provisions for the bonding of work not yet completed. 5. Section 31.2.3.2 Zoning compliance clearance (proposed) would be amended to clarify the language pertaining to clearances. Section 31.2.3.3 Authority to not issue certificate of occupancy or zoning clearance. (proposed) would be amended to clarify the language of this section and to set it apart with this heading. Section 31.2.4.2.2 WITHDRAWAL OF APPLICATION pertains to special permits. This would be amended to provide a process of automatic voluntary withdrawal of an application for a deferral of a special permit in the event there is no action taken by the commission or board within twelve months of the filing of the application. 8. Section 31.2.4.4 CONDITIONS would be amended to correct the spelling of nonseverable. Section 31.2.4.4 REVOCATION would be amended to clarify the language of this section. Also, this section would be amended to provide for a single standard of 24 months regardless of whether or not construction is involved. 10. Section 32.4.2.7 would be amended to title this section "Appeal and Judicial review" and to properly identify the Code of Virginia. 11. Section 32.4.2.8 Application deemed withdrawn would be added. This would provide a process of automatic voluntary withdrawal of a preliminary site plan in the event there is no action taken by the agent, commission or board within six months of the filing'of the application. -6- ZTA-2001-011 12. Section 32.4.3.10 Application deemed withdrawn (proposed) would be added. This would provide a process of automatic voluntary withdrawal of a final site plan in the event there is no action taken by the agent, commission or:board within six months of the filing of an application for deferral. 13. Section 32.7.9.4 (b) CONTENTS would be amended to correct the page numbers cited in the Virginia Erosion and Sediment Control Handbook. 14. Section 33.0 AMENDMENTS would be revised to correct the applicable sections of the Code of Virginia. 15. Section 33.7 WITHDRAWAL OF PETITIONS would be modified to provide a process of automatic voluntary withdrawal of a rezoning petition in the event there is no action taken by the commission or board within twelve months of a filing of an application for deferral. This section also would provide a process for extensions. 16. Section 33.8.1 POSTING OF PROPERTY would be amended to clarify procedures for the posting of signs on parcels fronting on more than one road and for posting signs in a manner that accurately identifies the location of a proposed activity on a large, parcel. -7- ATTACHMENT E ZTA-2001-011 Revised August 28, 2001 This guide has been revised to address comments from the public regarding these proposed ordinance revisions. Suggestions for revisions to the draft that are recommended for approval by staff are included below itt bold Italics. GUIDE TO PROPOSED ORDINANCE REVISIONS ARTICLE I. GENERAL PROVISIONS establishes the basic framework of the ordinance including specific language from enabling legislation. This article recites the ordinance's authority, purpose and intent, relation to the environment and the Comprehensive Plan. Further, it provides for the official zoning map, the application of regulations, and definitions. This petition would amend the following definitions: Section 3.1 Definitions Abattoir: would be deleted. This use would be included in custom slaughterhouse. New recommendation: Rather than delete the term Abattoir altogether, staff recommends that oM terms be retained and reference be made to the replacement term. For example: Abattoir: See slaughterhouse, custom. Automobile Graveyard: would be deleted. This use is included in "junkyard." New recommendation: Automobile Graveyard: See Junk yard. Attached: would be added. New recommendation: Revise the proposed definition to: "When pertaining to structures, a physical connection to a structure ~by a structural element or structural feature. ' Building: would remove reference to the purpose of the building. Building, Height of' would be revised to make the method of determination of building height in the ordinance consistent with that of the Building Code. New recommendation:_Upon further analysis, staff has found that the maximum permitted height as determined by the building code may vary somewhat from the maximum height permitted by the existing ordinance in some cases. Therefore, this revision is found to be substantive and not appropriate for amendment as a housekeeping matter. Staff recommends that this provision not be included in this ZTA. Car wash: would be added to provide a definition for the use identified as "automobile laundry." Cellar: would be repealed because this term is not used elsewhere in the ordinance. -1- ORDINANCE NO. 01-18(6) AN ORDINANCE TO AMEND CHAPTER 18, ZONING,, ARTICLE I, GENERAL PROVISIONS, ARTICLE II, BASIC REGULATIONS, ARTICLE III, DISTRICT REGULATIONS, AND ARTICLE IV, PROCEDURE, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article I, General Provisions, Article II, Basic Regulations, Article III, District Regulations, and Article IV, Procedure, of the Code of the County of Albemarle are amended and reordained as follows: By Amending: Sec. 3.1 Sec. 4.6.2 Sec. 4.8.2 Sec. 4.9 Sec. 4.12.6.5 Sec. 4.12.6.6.1 Sec. 5.1.02 Sec. 5.1.06 Sec. 5.1.07 Sec. 5.1.09 Sec. 5.1.15 Sec. 5.1.17 Sec. 5.1.19 Sec. 5.1.25 Sec. 5.t.28 Sec. 5.3.8.4 Sec. 5.3.8.7 Sec. 10.1 Sec. 10.3.3.1 Sec. 27.2.1 Sec. 30.3.02.2 Sec. 30.5.6 Sec. 31.2.1 Sec. 31.2.3 Sec. 31.2.4.2.2 Sec. 31.2.4.3 Sec. 31.2.4.4 Sec. 32.4.2.7 Sec. 32.7.9.4 Sec. 33.0 Sec. 33.7 Sec. 33.8.1 Definitions Lots, determination of lot front Temporary mobile homes Buildings and structures: handicapped access Parking space size Determination of number of parking spaces required for unspecified uses Clubs, lodges Day care, nursery facility Home for developmentally disabled persons Fire, ambulance, rescue squad station (volunteer) Sawmill, temporary or permanent Tourist lodging Wayside stand Farm winery Borrow, fill or waste areas Pedestrian access Landscaping and screening Intent, where permitted Definitions By right Determination of floodway and floodway fringe in approximated flood plain Area and bulk regulations and options for bonus factors Permits required, conformance Certificates of occupancy; zoning compliance clearance Withdrawal of application Conditions Revocation Appeal and judicial review Contents Amendments Withdrawal of petitions Posting of property -- planning commission hearing By Adding: Sec. 32.4.2. $ Sec. 32.4.3.10 Application deemed withdrawn Application deemed withdrawn Chapter 18. Zoning Article I. General Provisions Sec. 3.1 Definitions The following definitions shall apply in the interpretation and enforcement of this chapter: Abattoir: See Slaughterhouse, custom. (Amended 10-3-01) Automobile Graveyard: See Junkyard. (Amended I0-3~01) Attached: When pertaining to structures, a physical connection to a structure by a structural element or structural feature. (Added 10-3-01) Building: Any structure having a roof supported by columns or walls. (Amended 10-3-01) Car wash: An establishment for cleaning motor vehicles where the cleaning is performed using equipment, supplies and water provided by the establishment. The use identified in this chapter as "automobile laundD"' is a carwash. (Added 10-3-01) Cellar: (Repealed 10-3-01) Cluster development: A type of development design that concentrates lots in specific areas, does not exceed the gross density allowed within the zoning district, and allows the remaining land to be used for common open space. (Amended 7-17-85; 10-3-01) Condominium: Real property, and any incidents thereto or interests therein, lawfully submitted to the Condominium Act (Virginia Code § 55-79.39 et seq.) by the recordation of condominium instruments pursuant to the provisions of the Condominium Act, and in which the undivided interests in the common elements are vested in the unit owners. (Added 10-3-01) Day Care, Child Care or Nursery Facility: See Day care center. (Amended 10-3-01) Day care center: An establishment operated for the purpose of providing care, protection and guidance to a group of six (6) or more children under the age of thirteen (13) during the absence of a parent or guardian during a part of a day, and includes those establishments commonly known as preschools and nurser5, schools. The term "day care center" does not include: (1) an establishment licensed and regulated, as a summer camp pursuant to Virginia Code § 35.1-1 et seq.; (2) a school extended day enrichment program; (3) a school, unless such school is operating a day care center outside of regular classes; and (4) a Sunday school conducted by a religious institution or a facility operated by a religious organization wherechildren are cared for during short, periods of time while persons responsible for suckchildren are attending religious services. The uses identified in this chapter as "child Care," "day care," "nurseries" (for children) and "nursery facilities" are day care centers. (Added 10-3-01) Detached: When pertaining to structures, the absence of a physical connection to a structure by a structural element or structural feature. (Added 10-3-01) Dormitory: (Repealed 10-3-01) Easement: A right to use the land of another in a particular manner and for a particular purpose. (Added 7- 20-88; Amended 10-3-01) Eating Establishment: See Restaurant. (Amended 10-3-01) Family day home: A dwelling unit where care, protection and guidance is provided to a group of more than five (5) children under the age of thirteen (13), exclusive of the provider's family, during the absence of a parent or guardian during a part of a day. A single-family dwelling having five (5) or fewer children is a single-family residential use. (Added 10-3-01) Fast Food Restaurant: See Restaurant. (Amended 10-3-01) Group home: A group home or other residential facility licensed by the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services in which more than eight (8) mentally ill, mentally retarded or developmentally disabled persons reside with one or more resident counselors or other staff persons. For purposes of this defmition, the current illegal use of or addiction to a controlled substance as def'med in Virginia Code § 54.1-3401 is neither a mental illness nor a developmental disability. A single-family dwelling having eight (8) or less mentally ill, mentally retarded or developmentally disabled persons is a single-family residential use. The use identified in this chapter as "home for developmentally disabled persons" is a group home. (Amended 10-3-01) Home for Developmentally Disabled Persons: see Group home. (Amended 10-3-01) Industrialized building: A combination of one or more sections or modules, subject to state regulation, and including the necessary electrical, plumbing, heating, ventilating and other service systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specified components, to comprise a fmished building. For purposes of this definition, a manufactured home is not an industrialized building. The structure and use identified in this chapter as "temporary nonresidential mobile home" is an industrialized building. (Added 10-3-01) Inoperable motor vehicle: (Added 6-10-87; Repealed 10-3-01) Inoperable vehicle: Any motor vehicle, trailer or semitrailer, as those terms are de£med in Virginia Code § 46.2-100, which: (I) is not in operating condition; (2) for a period of sixty (60) days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for the operation of the vehicle; or (3) there is not displayed either valid license plates or a valid inspection decal. The vehicle identified in this chapter as "inoperative motor vehicle" is an inoperable vehicle. (Repealed 6-10-87; Added 10-3-01) Junk: Any scrap, discarded, dismantled or inoperable: vehicles, including parts or machinery thereof; household furniture and appliances; construction equipment and materials; tanks, containers, drams, and the contents thereof; and tires, pipes, wire, wood, paper, metals, rags, glass, plastic, food and related types of waste material. (Added 10-3-01) Junkyard: Any land or structure used for the abandonment, baling, collection, dismantling, maintenance, recycling, sale, salvaging, storage, or wreckage of junk. (Amended 10-3-01) Manufacture or manufacturing: The transformation of materials into an article or a product of substantially different character or use. (Amended 10-3-01) Manufactured home: A structure subject to federal regulation which is transportable in one or more sections; is eight (8) body feet or more m width and forty (40) body feet or more in length in the traveling mode, or is three hundred twenty (320) or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. The structure and use identified in this chapter as "mobile home" is a manufactured home. (Added 10-3-01) Mobile Home: (Amended 3-5-86; 11-11-92; Repealed 10-3-01) Museum: An establishment devoted to the procurement, care, study and display of objects of lasting value or interest. (Added 10-3-01) Office: A room or group of rooms used for conducting the affairs of a business, profession, service industry, or government. The uses identified in this chapter as "administrative office" and "professional office" are offices. (Added 10-3-01) Private school: An institution of instruction not established and maintained at public expense, including colleges and universities, and those institutions providing art, culinary, cultural, drama, music, technical or vocational education or training. The uses identified in this chapter as "school of special instruction" and "technical and trade school" are private schools, except that in any zoning district where a private school is permitted by right, and a technical and trade school is permitted only by special use permit, those uses shall be separate. (Amended 10-3-01) Professional Office: See Office. (Amended 10-3-01) Proffer: A written condition voluntarily offered by the owner of land who has applied for a zoning map amendment that imposes a regulation or requirement that is in addition to the regulations otherwise applicable to the land under this chapter. (Added 10-3-01) Restaurant: An establishment wherein, for compensation, meals or beverages are served for consumption on or off the premises. The term "restaurant" includes, but is not limited to, those establishments commonly known as restaurants, fast food restaurants, coffee shops, cafeterias, cafes, lunchrooms, luncheonettes, hotel dining rooms, dinner theaters, taverns, and soda fountains. The term "restaurant" does not include a snack bar or refreshment stand at a public or nonprofit recreation facility, operated solely by the operator of the facility for the convenience of its patrons. Dancing by patrons shall be considered as entertainment accessory to a restaurant, provided the space available for such dancing Shall not be more than one-eighth (1/8) of that part of the floor area available for dining. Provisions for dancing made available under this def'mition shall be subject to the permit requirements of Chapter 12 of the Code of Albemarle. The uses identified in this chapter as "eating establishment" and "fast food restaurant" are restaurants. (Amended 10-3-01) Service station: An establishment where gasoline or diesel fuel is stored, housed and sold for supply to motor vehicles, and may include accessory motor vehicle servicing within the principal building. The use identified in this chapter as "automobile service station" is a service station. (Added 10-3-01) School of Special Instruction: (Repealed 10-3-01) Site plan: A plan satisfying the requirements of section 32 of this chapter that delineates the overall scheme of development of one or more lots including, but not limited to, grading, engineering design, construction details and survey data for existing and proposed improvements. The document identified in this chapter as a site development plan is a site plan. (Added 10-3-01) Slaughterhouse, custom: An establishment for the slaughter of livestock from which no meat or other product of the slaughter is sold other than materials generally considered inedible for humans generated as waste or by-products of the slaughter including, but not limited to, blood, bones, viscera, and hides that maybe sold for proposes of removal from the site. The use identified in this chapter as "abattoir" is a custom slaughterhouse. (Amended 10-3-01) Use: The purpose for which any land, water, or structure is devoted or occupied, or any activity performed on land, water or in a structure, (Added 10-3-01) Variance: A reasonable deviation from those provisions regulating the size or area of a lot, or the size, area, bulk or location of a structure when the strict application ofthis chapter would result in unnecessary or uureasonable hardship to the land owner, and the need for the variance would not. be shared generally by other lots, and provided that the variance is not contrary to the intended spirit and purpose of this chapter, and would result in substantial justice being done. (Added 10-3-01) (§ 3.1, 12-10-80, 7-1-81, 12-16-81, 2-10-82, 6-2-82, 1-1-83, 7-6-83, 11-7-84, 7-17-85, 3-5-86, 1-1-87, 6-10-87, 12- 2-87, 7-20-88, 12-7-88, 11-1-89, 6-10-92, 7-8-92, 9-15-93, 8-10-94, 10-11-95, 11-15-95, 10-9-96, 12-10-97; Ord. 01-18(6), 10-3-01 ) Article II. Basic Regulations Sec. 4.6.2 Lots, determination of lot front Lot fronts shall be determined as follows: (Added 10-3-01) a. On interior lots, the lot front shall be the portion abutting the street. (Amended 10-3-01) b. On comer lots, the lot front shall be both portions abutting the street. (Amended 10-3-01) c. On double frontage lots, the lot front shall be determined by observing the prevailing building pattern or, if a prevailing building pattern has not been established, the prevailing lotting pattern. If neither building or lotting patterns exist, the lot front shall be the narrower boundary abutting the street. (Amended 10-3-01) Sec. 4.8.2 Temporary industrialized buildings Temporary industrialized buildings shall be permitted only in accordance with the provisions of section 5.7 and section 5.8 of this chapter. (Amended 3-5-86; 10-3-01) Sec. 4.9 Handicapped access Notwithstanding any other regulation of this chapter, ramps or other modifications to a lot or structure, which are the minimum required under the Americans with Disabilities Act to serve handicapped persons, are authorized in all zoning districts. (Added 9-9-92; Amended 10-3-01) Sec. 4.12.6.5 Parking space size Each off-street parking space shall meet the minimum requirements (in feet) as specified below: (Amended 10-3-01) Parking Minimum Minimum Aisle Space Width Length Minimum Width a. (option) 10 18 20 b. (option) 9 18 24 c. In conjunction with section 4.12.6.5, perpendicular parking shall be favored. Where practical considerations warrant, the commission may authorize other angled, curvilinear and/or parallel parking. Parking space and aisle dimensions for other angled, curvilinear and parallel parking shall be reviewed and approved by the director of planning and community development. (Amended 6-14-89) d. Where adequate planting islands or other such features other than sidewalks are employed to separate rows of parking spaces, not more than two (2) feet may be deducted from the minimum length requirements stated above in order to compensate for overhang. All parking spaces shall be designed so that no part of any vehicle shall extend over any propertyline, right, of-way line, sidewalk, walkway, driveway or aisle space. e. The number, location and dimensions of fully-accessible parking spaces, and the provision of access aisles, curb ramps, signage and other specifications for those spaces shall be as required by the Americans with Disabilities Act and the current editions of the Americans with Disabilities Act Accessibility Guidelines and the Virginia Uniform Statewide Building Code. (Amended 11-16-83; 10-3-01 ) Sec. 4.12.6.6.1 Determination of number of parking spaces required for unspecified uses Where minimum parking or loading space is not specified herein for particular uses/structures or mixes of uses, or where conflicts exist between schedule and general requirements, the zoning administrator shall determine requirements appropriate to the use/structure guided by characteristics of the proposed use including anticipated employment, number of residents and/or visitors, by requirements for similar uses or mixes and other relevant considerations. More specifically, the zoning administrator shall be guided by the following for uses not specified in section 4.12.6.6.2. (Amended 11-16-83) a. For each commercial use of a retail character: One (1) space per each one hundred (100) square feet of retail sales for the fa'st five thousand (5,000) square feet and one (1) space per each two hundred (200) square feet of retail sales area above five thousand (5,000) square feet. (Amended 7-20-88) b. For commercial uses of a wholesaling and/or warehousing character: One (1) space per two (2) employees plus one (1) space per each five hundred (500) square feet of floor area open to the public for customer parking, but in all cases a minimum of two (2) customer parking spaces. c. For uses of an industrial character: One (1) space per two (2) employees on the major work shift plus one (1) space per five hundred (500) square feet open to the public for customer parking, but in all cases a minimum of two (2) customer parking spaces. d. For uses of an office character: One (1) space per two hundred (200) square feet of net office floor area. For purposes of this paragraph, net office floor area shall be deemed to be: (i) eighty (80) percent of the gross floor area; or (ii) the actual net office floor area as shown on floor plans submitted by the applicant, delineating the actual net office floor area, which plans shall be binding as to the maximum net floor area used. (Amended 10-3-01) e. For uses of public assembly (indoor or outdoor) character: One (1) space per four (4) fixed seats or per seventy-five (75) square feet of place of assembly whichever shall be greater. f. For dwelling units: Two (2) spaces per unit. g. For recreational uses not specified: One (1) space per one hundred twenty-five (125) square feet of usable recreational area. h. Other permitted uses: A total number of spaces sufficient to accommodate the vehicles of all employees of the establishment plus those of all persons who may be expected to visit the same at any one time. Sec. 5.1.02 Clubs, lodges. Each club or lodge shall be subject to the following: a. Regardless of any zoning district regulations, gun clubs and shooting ranges shall be permitted by special use permit only; (Amended 10-3-01) b. Subordinate uses and fund-raising activities such as bingo, raffles and auctions-may be conducted outdoors during daylight hours and shall be conducted in an enclosed buildings at all other times. (Amended 6-14- 00; 10-3-01) Sec. 5.1.06 Day care center, family day home Each day care center or family day home shall be subject to the following: (Added 10-3-01) a. No such use shall operate without the required licensure by the Virginia Department of Social Services. It shall be the responsibility of the owner/operator to transmit to the zoning administrator a copy of the original license. Failure to do so shall be deemed willful noncompliance with the provisions of this chapter; (Amended 10-3-01) b. Periodic inspection ofthe premises shall be made by the Albemarle County fire official at his discretion. Failure to promptly admit the fire official for such inspection shall be deemed willful noncompliance with the provisions of this chapter; (Amended 10-3-01) c. These provisions are supplementary and nothing stated herein shall be deemed to preclude application of the requirements of the Virginia Department of Social Services, Virginia Department of Health, Virginia State Fire Marshal, or any other local, state or federal agency. (Amended 10-3-01) Sec. 5.1.07 Group homes Each group home shall be subject to the following: (Added 10-3-01) a. Conditions may be imposed on such homes to insure their compatibility with other permitted uses, but such conditions shall not be more restrictive than those imposed on other dwellings in the same districts unless such additional conditions are necessary to protect the health and safety of the residents of such homes; b. Each group home shall be subject to Albemarle County fire official review. (Amended 10-3-01) Sec. 5.1.09 Fire, ambulance, rescue squad station (volunteer). Each f'we, ambulance or rescue squad station (volunteer) shall be subject to the following: a. Any such use seeking public funding shall be reviewed by the commission in accordance with section 31.2.5. Specifically, the commission shall f'md that the proposed service area is not already adequately served by another such facility. In addition, the commission shall consider: growth potential for the area; relationship to centers of population and to high-value property concentrations; and access to and adequacy of public roads in the area for such use. The commission may request recommendation l~om the Albemarle County fire official and other appropriate agencies in its review; b. Subordinate uses and fund-raising activities such as bingo, raffles and auctions may be conducted outdoors during daylight hours and shall be conducted in an encloged building at all other times. (Amended 6-14-00; 10-3-01) Sec. 5.1.15 Sawmill, temporary or permanent Each temporary or permanent sawmill shall be subject to the following: (Added 10-3-01) a. No structure and no storage of lumber, logs, chips or timber shall be located closer than one hundred (100) feet to any lot line. Trees and vegetation within the one hundred (100) foot setback shall be maintained as a buffer to adjoining properties and uses, provided that during the last three months of operation such u'ees may be removed; b. No saw, planer, chipper, conveyor, chute or other like machinery shall be located closer than six hundred (600) feet to any dwelling on other property in the area; c. No sawing, planing, chipping or operation of other processing machinery shall occur between 7.00 p.m. and 7:00 a.m. No loading/unloading of wood/wood products shall occur between 12:00 midnight and 7:00 a.m.; d. All timbering and milling operations, including reforestation/restoration and disposal of snags, sawdust and other debris, shall be conducted in accordance with Tire 10.1 of the Virginia Code and the regulations of the Virginia Department of Forestry; (Amended 10-3-01) 10-3-01) All such operations shall be subject to the noise limitation requirements of section 4.18. (Amended Sec. 5.1.17 Tourist lodging The zoning administrator shall issue a zoning compliance clearance for tourist lodging provided that the Albemarle County fire official and the Virginia Department of Health issue their approvals for the use, and all other applicable requirements of this chapter are satisfied. (Amended 10-3-01) Sec. 5.1.19 Wayside stand Each wayside stand shall be subject to the following: (Added 10-3-01) a. Structures for wayside stands, including vehicles, shall not exceed six hundred (600) square feet in aggregate floor area nor be located closer than thirty-five (35) feet to any public road right-of-way; b. No wayside stand shall be established without approval of a preliminary site plan by the director of planning. In reviewing the plan, the director of planning shall give particular attention to provisions for safe and convenient access from and to the public road and adequacy of delineation of parking. No such plan shall be approved until the Virginia Department of Transportation approves the commercial access to the site. (Amended 10- 3-01) Sec. 5.1.28 Borrow, fill or waste areas Each borrow, fill or waste area shall be subject to the following: (Added 10-3-01) a. No grading permit shall be issued for any borrow, fill, or waste area activity exceeding an aggregate volume often thousand (10,000) cubic yards on any one parcel of record on the adoption date of this provision until, in addition to approval of a grading plan, the county engineer has approved a plan and/or narrative for such activity in accordance with the following requirements: 1. The site, both during and after such activity, shall be shaped and sloped for proper drainage in accordance with sections 4.3 an4 30.4.13 of this chapter; (Amended 10-3-01) 2. No such activity shall occur in any flood plain area except in accordance with section 30.3 of this chapter nor within three hundred (300) horizontal feet of the edge of any water supply impoundment or tributary thereof without approval of the watershed management/3fficial. Provision shall be made for the minimization of ground and surface water contamination; (Amended 10-3-01) 3. All vehicles used to transport excavated or waste materials shall be loaded in such manner that the material cannot be unintentionally discharged fi:om the vehicle. All such vehicles shall be cleaned of all material not in the load-bed prior to entering onto any public road; 4. The area of such activity and access roads thereto shall be treated or maintained in such a manner as to prevent dust or debris fi:om blowing or spreading onto adjacent properties or public streets. Depending on the anticipated intensity and duration of the activity and the character of development of adjoining properties, the zoning administrator may require, for the protection of adjoining properties, public roads, and public safety, such setback, fencing and/or landscaping requirements as deemed appropriate; provided that the same shall not exceed the requirements of sections 30.4.6, 30.4.7 and 30.4.9 of this chapter; (Amended 10-3-01) 5. Operations involving power equipment of an industrial type shall be limited to the hours of 7:00 a.m. to 9:00 p.m. except in cases of a public emergency as determined by the director of emergency services for the county. Blasting operations shall be restricted to Monday through Friday between 8:00 a.m. and 5:00 p.m.; 6. Regarding lateral support, all operations shall be conducted in a safe manner with respect to the likelihood of hazard to persons, physical damage to adjacent land and improvements, and damage to any public street by reason of slides, sinking, or collapse; 7. Fill and waste areas shall only be for the disposal of soil and rock. Disposal of trash and garbage, as defined in section 13-100 of the Code of Albemarle, shall be accomplished in accordance with the requirements of Chapter 13 of the Code of Albemarle; (Amended 10-3-01) 8. Provision shall be made for site reclamation including but not limited to restoration approximating natural contours and establishment of permanent vegetative ground cover: Such reclamation shall commence within fifteen (15) days of completion of borrow, fill or waste activity, provided reclamation activities of a seasonal nature shall be completed by a date to be established by the county engineer. b. In the case of fill or waste activity, the county engineer may refer such plan to the Waste Division of the ~Virginia Department of Environmental Quality for comment and recommendation. The county engineer may require additional information and plans fi:om the applicant to facilitate such review. (Amended 10-3-01) c. In lieu of a plan and narrative as required by this section, the county engineer may accept a contractual agreement between the Virginia Department of Transportation and its contractor for a public road project; provided that the county engineer shall determine that such agreement satisfies at least to an equivalent extent the requirements and intent of this section. (Amended 10-3-01) d. The zoning administrator may require posting of a bond in an amount adequate to insure compliance with the requirements of this section prior to commencement of such activity. (Added 7-6-83) Sec. 5.1.25 Farm winery Each farm winery shall be subject to the following: The owner shall obtain a farm winery license fi:om the State Alcoholic Beverage Control Board. At least fifty-one (51) percent of the fresh fruits or agricultural products used by the owner to manufacture the wine shall be grown or produced on the farm, unless the State Alcoholic Beverage Control Board waives such requirement; (Added 4-1-98) Facilities for fermenting and/or bottling wine shall not be established until the vineyard, orchard or other growing area has been established and is in production; (Added 12-16-81) The following uses and activities are permitted at a farm winery with the prior approval of a site plan as provided in subsection (d). Special events and festivals are also subject to the additional requirements set forth in subsection (e): (Added 4-1-98) do On-premise sale of wine and wine consumption. One location may be established on each farm for the on-premise sale of wine and wine consumption. The aggregate total floor area for such sales and consumption shall not exceed fifteen hundred (1,500) square feet. A special use permit issued pursuant to section 31.2.4 of this chapter may authorize the aggregate floor area to exceed fifteen hundred (1,500) square feet; (Added 12-16-81; Amended l-1-84; 4-1-98) Daily tours. Daily tours of a farm winery shall be permitted; (Added 1-1-84; Amended 4-1-98) Special events. Special events shall be permitted up to twelve (12) times per year. For purposes of this section, a special event is an event conducted at a farm winery on a single day for which attendance is allowed only by invitation or reservation and whose participants do not exceed one hundred fifty (150) persons; special events include, but are not limited to, meetings, conferences, banquets, dinners, wedding receptions, private parties and other events conducted for the purpose of marketing wine. A special use permit issued pursuant to section 31.2.4 of this chapter may authorize the number of special events per year to exceed twelve (12), or the number of allowed participants at any event to exceed one hundred fifty (150), or both; (Added 4-1-98) Festivals. Festivals shall be permitted up to four (4) times per year. For purposes of this section, a festival is an event conducted at a farm winery for up to three (3) consecutive days which is open to the general public and conducted for the purpose of marketing wine. (Added 4-1-98) A use or activity identified in subsection (c) is authorized only with the prior approval of a site plan. Prior to approval of the site plan, the owner shal! obtain from the Virginia Department of Transportation approval of a commercial entrance to the farm winery, and any required approval from the local office of the Virginia Department of Health. If a site plan waiver is requested, particular consideration shall be given to provisions for safe and convenient access, parking, outdoor lighting, signs and potential adverse impacts to adjoining property, and reasonable standards and conditions may be imposed as conditions of such waiver; (Added 4-1-98) Special events and festivals shall be also subject to the following: (Added 4-1-98) The owner shall obtain a zoning clearance prior to conducting a festival at which more than one hundred fifty (150) persons will be allowed to attend. A single zoning clearance may be obtained for one (1) or more such festivals as provided herein: (Added 4-1-98) The owner shall apply for a zoning clearance at least thirty (30) days prior to the date of the first festival to be authorized by the zoning clearance. The application shall be submitted to the zoning administrator, who shall forward copies of the application to the county police department, the county fn'e and rescue division, and the local office of the Virginia Department of Health; (Added 4-1-98) bo The application shall describe the nature of each festival to be authorized by the zoning clearance, the date or dates and hours of operation of each such festival, the facilities, buildings and structures to be used, and the number of participants allowed to attend each festival; (Added 4-1-98) Upon a determination that all requirements of the zoning ordinance are satisfied and upon receiving approval, and any conditions of such approval, from the other county offices receiving copies of the application, the zoning administrator shall issue a zoning clearance for one or more festivals. The zoning clearance shall be conditional upon the owner's compliance with all requirements of the zoning ordinance and all conditions imposed by the zoning clearance; (Added 4-1-98) The zoning administrator may issue a single zoning clearance for two (2) or more festivals if: (i) the application submitted by the owner includes the required information for each festival to be covered by the zoning clearance: (ii) the zoning administrator determines that each such festival is substantially similar in nature and size; and (iii) the zoning administrator determines that a single set of conditions that would apply to each such festival may be imposed with the zoning clearance. (Added 4-1-98) No kitchen facility permitted by the Health Department as a commercial kitchen shall be allowed on the farm. A kitchen may be used by licensed caterers for the handling, warming and distribution of food, but not for cooking food, to be served at such special event or festival; (Added 4-1-98) 3. An outdoor amplified sound system shall be prohibited. (Added 4-1-98) See. 5.3.8.4 Pedestrian access The requirements of section 32.7.2.8 shall be met. (Amended 10-3-01) Sec. 5.3.8.7 Landscaping and screening The requirements of section 32.7.9 shall be met. In addition, screening may be required In accordance with section 32.7.9.8(a) around the entire perimeter of the park, or part thereof, except where adequate vegetation already exists and a conservation plan has been submitted in accordance with section 32.7.9.4(b). (Amended 10-3-01) Article III. District Regulations Sec. 10.1 Intent, where permitted This district (hereafter referred to as RA) is hereby created and may hereafter be established by amendment of the zoning map for the following purposes: (Amended 11-8-89) -Preservation of agricultural and forestal lands and activities; -Water supply protection; -Limited service delivery to the rural areas; and -Conservation of natural, scenic, and historic resources. (Amended 11-8-89). Residential development not related to bona fide agricultural/forestal use shall be encouraged to locate in the urban area, communities and villages as designated in the comprehensive plan where services and utilities are available and where such development will not conflict with the agricultural/forestaI or other rural objective. Where development does occur, rural residents should expect to receive a lower level of service delivery than will be provided to residential developments in designated growth areas. In relation to residential development, agricultural/forestal activities shall be regulated only to the extent necessary to protect public health and safety. (Added 11-8- 89; Amended 10-3-01)) In regard to agricultural preservation, this district is intended to preserve the county's active farms and best agricultural and forestal lands by providing lot areas designed to insure the continued availability of such lands for preferential land use tax assessment in order to enhance the economy, and maintain employment and lifestyle opportunities. In addition, the continuation and establishment of agriculture and agriculturally-related use} will be encouraged, and landowners will be encouraged to employ Virginia State Water Control Board best management practices. (Amended 11-8- 89) Sec. 10.3.3.1 Definitions (Added 11-8-89) The following definitions shall apply to any rural preservation development created under section 10.3.3: (Amended 10-3-01) a. Development Lot: A lot within a rural preservation development, other than a rural preservation tract, created for the purpose of residential or other permitted usage. b. Rural Preservation Development: A subdivision of land consisting of development lots together with a rural preservation tract. 10 c. Rural Preservation Tract: A lot, the usage and diminishment of which is restricted and protected by legal arrangements to insure its maintenance and preservation for the purpose of: preservation of agricultural and forestal land and activity; water supply protection; and/or conservation of natural, scenic or historic resources. Sec. 27.2.1 By right Except as otherwise limited by section 27.2.2.10, the following uses shall be permitted in any LI district subject to the requirements and limitations of these regulations: (Amended 2-13-85) 1. Compounding of drags, including biological products, medical and chemical as well as pharmaceutical. 2. Fire and rescue squad stations (reference 5.1.9). 3. Manufacture, processing, fabrication, assembly, distribution of products such as but not limited to: (Amended 12-2-81; 2- 20-91) -Artists' supplies and equipment. -Business, office machines and equipment. -Cosmetics, including perfumes, perfumed toiletries and perfumed toilet soap. -Drafting supplies and equipment. -Electrical lighting and wiring equipment. -Electrical and electronic equipment and components including radio, telephone, computer, communication equipment, TV receiving sets, phonographs. -Food products, such as bakery goods, dairy products, candy, beverages, including bottling plants. -Gifts, novelties including pottery, figurines and similar ceramic products. -Glass products made of purchased glass. -Industrial controls. -Jewelry, silverware. -Light machinery and machine parts, including electrical household appliances but not including such things as clothes washers, dryers and refrigerators. -Musical instruments. -Paper products such as die-cut paperboard and cardboard, sanitary paper products, bags and containers. -Photographic equipment and supplies including processing and developing plant. -Rubber, metal stamps. -Small electrical parts such as coils, condensers, transformers, crystal holders. -Surgical, medical and dental instnnnents and supplies. -Toys, sporting and athletic equipment, except firearms, ammunition or fireworks. -Watches, clock, s and similar timing devices. -Wood cabinets and furniture, upholstery. 11 4. Publishing, printing, lithography and engraving, including but not limited to newspapers, periodicals and books. 5. Preparation of printing plates including typesetting, etching and engraving. 6. Research and development activities including experimental testing. 7. Scientific or technical education facilities. 8. Assembly and fabrication of light aircraft from component parts manufactured off-site. 9. Contractor's office and equipment storage yard. 10. Engineering, engineering design, assembly and fabrication of machinery and components, including such on-site accessory uses as machining, babbitting, welding and sheet metal and excluding such uses as drop hammering and foundry. (Amended 10-3-01) 11. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 12. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 13. Temporary construction uses (reference 5.1.18). 14. Business and professional office buildings. 15. Dwellings (reference 5.1.21). (Added 4-17-85) 16. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86) 17. Warehouse facilities and wholesale businesses not involving storage of gasoline, kerosene or other volatile materials; dynamite blasting caps and other explosives; pesticides and poisons; and other such materials which could be hazardous to life in the event of accident. (Added 12-2-87) Sec. 30.3.02.2 Determination of floodway and floodway fringe in the approximated flood plain Except for such uses permitted in the floodway in accordance with section 30.3.5, no use, structure or building shall be established and no rezoning petition, site development plan, subdivision plat, building permit or other county approval shall be given for lands located within any approximated flood plain, prior to verification by the county engineer as to the limits of the floodway and floodway fringe within such lands. In his determination of the limits of the floodway and floodway fringe, and one hundred year flood elevation, the county engineer may request assistance from the Federal Insurance Administration, the United States Army Corps of Engineers, and such other qualified agencies and persons as he deems appropriate. The county engineer shall require the applicant to provide such information as he deems reasonably necessary to make his determination. The cost of such determination shall be borne entirely by the applicant. Sec. 30.5.6 Area and bulk regulations and options for bonus factors Area and bulk regulations and options for bonus factors shall be as for and subject to the district regulations of the underlying basic and/or other overlay districts as cited in section 30.5.2, except that the following limitations shall apply: 12 Except as herein otherwise expressly provided, no buildings or structures other than necessary accessory appurtenant fences and/or walls shall be constructed within sixty-five (65) feet of the edge of any designated stream at mean annual flow level. In addition, within sixty-five (65) feet of the edge of any designated stream at mean annual flow level, there shall be no excessive cutting of any forested area. Any such forested area shall be deemed to have been excessively cut if, as a result of any cutting operation or series or combination of operations, the area of the canopy of such forested area shall be reduced by more than twenty-five (25) percent on any one parcel of land as determined by reference to the aerial photographs of such area taken in December 1980 and owned and maintained by the county, provided that any cutting not prohibited by this section shall be done in such a manner as to maintain insofar as possible a uniform density of trees throughout the entire portion of any land parcel affected hereunder. Area within any such district may be part of a lot and countable for purposes of area, density and yard requirements unless otherwise prohibited within this chapter. (Amended 9-9-92; 10-3-01) If any requirement of chapter 17 is more restrictive than any requirement in this section 30.5.6, then the requirement in chapter 17 shall apply. (Added 10-3-01) Article IV. Procedure Sec. 31.2.1 Permits required; conformance Buildings or structures shall be started, reconstructed, enlarged or altered only after a building permit has been obtained from the building official. No building permit or certificate of occupancy shall be issued in violation of zoning or other local ordinances. (Amended 10-3-01) Sec. 31.2.3.1 Certificate of occupancy It shall be unlawful to use or permit the use of any structure or premises, or part thereof, hereafter created, erected, changed, converted, altered or enlarged, wholly or partly in its use or structure, until a certificate of occupancy indicating completion of the work for which a permit was issued, is issued therefor by the zoning administrator. Final inspection approval or approvals may serve as the certificate of occupancy for any addition or alteration to a structure for which a certificate of occupancy has already been issued. The certificate shall show that the structure, premises or part thereof, and the proposed use thereof, is in conformity with the provisions of this chapter. (Amended 10-3-01 ) When structures are completed and ready for occupancy prior to the completion of all improvements required by the site plan, and the zoning administrator determines that the site may be occupied consistently with the public health, safety and welfare: (Amended 10-3 -01) a. Except as provided in subsection (c), the owner may provide a certified check, bond with surety satisfactory to the county, a letter of credit satisfactory to the county, or other form of surety satisfactory to the county approved by the county attorney, in an amount sufficient for and conditioned upon the completion of the improvements related to the sm~cmre for which the permit is sought, within one (1) year. Upon the providing of such bond with surety, a permit may be issued for the occupancy of those structures already completed. (Added 10- 3-0~) b. The board of supervisors may extend the period of the surety if the applicant demonstrates that the extension is required because of adverse weather conditions or other unusual circumstances beyond the applicant's control, rather than the applicant's failure to diligently pursue completion or other reasons. (Added 10-3-01) c. A certificate of occupancy shall not be issued, and a surety shall not be accepted, if the zoning administrator determines that improvements directly related to health and safety, such as fire hydrants and safe and convenient access to public roads, have not been completed and are not operational. (Added 10-3-01) Sec. 31.2.3.2 Zoning compliance clearance An occupant shall obtain a zoning compliance clearance from the zoning administrator when: (1) a new commercial or industrial use is first established on a parcel; (2) an existing commercial or industrial use is changed or intensified; or (3) the occupant ora non-residential use changes. The zoning compliance clearance shall be issued only if the zoning administrator determines that the structure or premises and its use comply with the requirements of this chapter. For purposes of this section, production agriculture is not a commercial or industrial use; a home occupation is a commercial use. (Added 9-9-92; Amended 10-3-01) 13 Sec. 31.2.3.3 Authority not to issue certificate of occupancy or zoning compliance clearance Notwithstanding sections 31.2.3.1 and 31.2.3.2, nothing contained herein shall be deemed to obligate the zoning administrator, following review of any building or premises, to issue a certificate of occupancy or zoning compliance clearance in any case in which the zoning administrator determines that additional improvements are necessary as precedent to issuing a certificate of occupancy or a zoning compliance clearance to protect the public health or safety, whether or not the improvements are shown on the approved site plan. (Added 9-9-92; Amended 10-3-01) Sec. 31.2.4.2.2 Withdrawal of application An application shall be withdrawn, or be deemed to be withdrawn, as provided herein: (Added 10-3-01) a. An application filed pursuant to section 31.2.4.2 above may be withdrawn upon written request by the applicant. The written request must be received by the body considering the application prior to it beginning consideration of the matter on the meeting agenda. Upon receipt of the request for withdrawal, processing of the application shall cease without further action by the commission or the board. Substantially the same application shall not be reconsidered within twelve (12) months of the date of the withdrawal unless the body considering the application at the time of withdrawal specifies that the time limitation shall not apply. (Added 6-19-96; Amended 10-3-01) b. If the applicant requests that further processing or formal action on the application be indefinitely deferred, the application shall be deemed to have been voluntarily withdrawn by the applicant if the commission or the board does not take action on the application within twelve (12) months after the date the deferral was requested. Upon written request received by the director of planning and community development before the application is deemed to be withdrawn, the d/rector may grant one extension of the deferral period for a period determinedto be reasonable, taking into consideration the size or nature of the proposed use, the complexity of the review, and the laws in effect at the time the request:for extension is made. (Added 10-3-01) Sec. 31.2.4.3 Conditions The board of supervisors may impose upon any such permit such conditions relating to the use for which such permit is granted as it may deem necessary in the public interest and may require a bond with surety or other approved security to ensure that the conditions so imposed shall be complied with. Such conditions shall relate to the purposes of this ordinance, including, but not limited to, the prevention of smoke, dust, noise, traffic congestion, flood and/or other hazardous, deleterious or otherwise undesirable substance or condition; the provision of adequate police and fire protection, transportation, water, sewerage, drainage, recreation, landscaping and/or screening or buffering; the establishment of special requirements relating to the building setbacks, front, side and rear yards, off- street parking, ingress and egress, hours of operation, outside storage of materials, duration and intensity of use, building height and/or other particular aspects of occupancy or use. Except as the board of supervisors may otherwise specifically provide in a particular case, any condition imposed under the authority of this section shall be deemed to be essential to and nonseverable from the issuance of the permit itself. (Amended 10-3-01) Sec. 31.2.4.4 Revocation Any special use permit issued pursuant to this chapter may be revoked by the board of supervisors, after notice and hearing pursuant to Virginia Code ~ 15.2-2204, for willful noncompliance with this chapter or any conditions imposed under the authority of section 31.2.4.3. If the use, structure or activity for which a special use permit is issued is not commenced within twenty-four (24) months after the permit is issued, the permit shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section, if the use authorized by the permit requires the construction of one or more structures, the term "commenced" means starting the lawful physical construction of any structure necessary to the use authorized by the permit within twenty-four (24) months after the permit is issued. The board of supervisors may, as a condition of approval, impose an alternative period in which to commence the use, structure or activity as may be reasonable in a particular case. A determination that a permittee has commenced a use, structure or activity trader this section is not a determination that the permittee has acquired a vested right under Virginia Code ~ 15.2-2307. (Amended 10-3-01) 14 Sec. 32.4.2.7 Appeal and judicial review If the agent or the commission disapproves a preliminary site plan, such action shall be subject to judicial review as provided in Virginia Code § 15.2-2260. Nothing herein shall preclude the developer from first appealing the decision of the agent or commission to the board of supervisors, provided that such appeal is submitted in writing in the office of the agent within ten (10) calendar days after the date of such disapproval. The board of supervisors may alfa'm, reverse or modify in whole or in part, the decision of the agent or the commission. In so doing, the board of supervisors shall give due consideration to the recommendations of the agent, the site review committee or the commission. In addition, it may consider such other evidence as it deems necessary for a proper review of the application. (Amended 10-3-01 ) Sec. 32.4.2.8 Application deemed withdrawn If the applicant requests that further processing or formal action on the application for a preliminary site plan be indefinitely deferred, the application shall be deemed to have been voluntarily withdrawn by the applicant if the agent, commission, or board of supervisors does not take action on the application within six (6) months after the date the deferral was requested. Upon written request received by the director of planning and community development before the application is deemed to be withdrawn, the director may grant one extension of the deferral period for a period determined to be reasonable, taking into consideration the size or nature of the proposed development, the complexity of the review, and the laws in effect at the time the request for extension is made. (Added 10-3-01 ) Sec. 32.4.3.10 Application deemed withdrawn If the applicant requests that further processing or formal action on the application for a f'mal site plan be indefmitely deferred, the application shall be deemed to have been voluntarily withdrawn by the applicant if the agent, commission, or board of supervisors does not take action on the application within six (6) months after the date the deferral was requested. 'Upon written request receivedby the director of planning and'community development before the application is deemed to be withdrawn, the director may grant one extension of the deferral period for a period determined to be reasonable, taking into consideration the size or nature of the proposed development, the complexity of the review, and the laws in effect at the time the request for extension is made. (Added 10-3-01) Sec. 32.7.9.4 Contents The landscape plan shall show the following: a. The location, size and type of all proposed plant materials, and verification that minimum landscaping and screening requirements have been satisfied. Plant materials may be indicated in the following generic terms on the landscape plan: large or medium shade tree; screening tree; screening shrub; or street shrub. The required plant materials shall be chosen from a recommended species list approved by the agent. Plant material not listed may be substituted for required plant material only if such substitution is expressly approved by the agent. (32.8.2.2, 7-10-85; Amended 5-1-87) b. Existing trees or wooded areas may be preserved in lieu of planting new materials in order to satisfy landscaping and screening requirements, subject to the agent's approval. In such case, the landscape plan shall indicate the trees to be saved; limits of clearing; location and type of protective fencing; grade changes requiring tree wells or walls; and trenching or tunneling proposed beyond the limits of clearing. In addition, the applicant shall sign a conservation checklist approved by the agent to insure that the specified trees will be protected during construction. Except as otherwise expressly approved by the agent in a particular case, such checklist shall conform to specifications contained in the Virginia Erosion and Sediment Control Handbook, pages 111-393 through 111-413, and as hereafter amended. (32.8.2.3, 7-10-85; Amended 5-1-87; 10-3-01) c. In addition, the landscape plan shall indicate existing landscape features on the site. Such features shall include, but shall not be limited to: 1. Wooded area indicated by general type (evergreen or deciduous) and location of tree line; 2. Small groups of trees and individual trees of six (6) inch caliper or greater, or ornamental trees of any size, indicated by common name, approximate caliper and location; 15 3. Natural features which distinguish the site, such as prominent ridge lines, rock outcroppings or water features; 4. Man-made features of local, historic or scenic importance; 5. Scenic vistas across the site fi'om a public road. The agent may require that any or all such features be preserved upon determination following a site inspection, that the features contribute significantly to the character of the Albemarle County landscape and that the preservation of such features is necessary to satisfy the purpose and intent of this chapter. The purpose of this section is to protect unique amenities which could otherwise be irretrievably lost due to careless site design. It is not intended that this section be applied indiscriminately, nor to prohibit development. (32.8.2,4, 7-10-85; Amended 5-1-87) Sec. 33.0 Amendments The board of supervisors may amend, supplement, or change the regulations in this chapter, or the zoning boundaries or classifications of property on the zoning map, in conformity with the provisions of Article 7 of Chapter 22 of Title 15.2 of the Code of Virginia (1950), as amended, and the Provisions and purposes ofthis section. (Amended 10-3-01) Sec. 33.7 Withdrawal of petitions A petition shall be withdrawn, or be deemed to be withdrawn, as provided herein: a. A petition filed pursuant to section 33.2.1 may be withdrawn upon written request by the applicant. The written request must be received by the body considering the application prior to it beginning its consideration of the matter on the meeting agenda. Upon receipt of the request for withdrawal, processing of the petition shall cease without further action by the commission or the board. Substantially the same petition shall not be reconsidered within twelve (12) months of the date of withdrawal unless the body considering the petition at the time of withdrawal specifies that the time limitation shall not apply. (Amended 6-19-96~ 10-3-01) b. If the applicant requests that further processing or formal action on the petition be indefinitely deferred, the petition shall be deemed to have been voluntarily withdrawn by the petitioner if the commission or the board does not take action on the petition within twelve (12) months after the date the deferral was requested. Upon written request received by the director of planning and community development before the petition is deemed to be withdrawn, the director may grant one extension of the deferral period for a period determined to be reasonable, taking into consideration the size or nature of the proposed use, the complexity of the review, and the laws in effect at the time the request for extension is made. (Added 10-3-01) Sec. 33.8.1 Posting of property - Planning Commission hearing At least fifteen (15) days before the commission's public hearing, the zoning administrator or designee shall erect on the property specified in section 33.8 above, a sign or signs indicating the property is to be subject to public hearing and referencing how to obtain additional information regarding the hearing. The sign shall be erected within ten (10) feet of whatever boundary line of the property abuts a road and shall be so placed as to be clearly visible from the road. If more than one road abuts the property, then either: (1) a sign shall be erected in the same manner as above for each abutting road; or (2) if the area of the property to be used if the application was granted is confined to a particular portion of the property, a sign erected in the same manner as above for the abutting road that is in closest proximity to, or would be impacted by, the proposed use. If no road abuts the property, then signs shall be erected in the same manner as above on at least two boundaries of the property abutting land not owned by the applicant in locations that are most conspicuous to the public. The filing of the petition or application shall be deemed to grant consent to the zoning administrator or designee to enter upon the property and to erect the signs. Upon a £mding by the board of supervisors that failure to comply with the posting requirements of this section has denied the public reasonable notice of the public hearing, the board may defer action on the petition or application until reasonable notice by posting is given. (Amended 6-19-96; 10-3-01) 16 I, Ella W. Carey, do hereby certify that flae foregoing writing is a tme, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of 6 to 0, as recorded below, at a regular meeting held on October 3, 2001. Mr. Bowerman Mr. Dorfier Ms. Humphris Mr. Martin Mr. Perkins Ms. Thomas Aye Nay X X X Clerk, Board of Cotmty Supervisors 17 ZTA-2001-011 Revised August 28, 2001 Cluster development: would be clarified. New recommendation: Revise proposed definition to read: "A type of development design that concentrates lots in specific areas, does not exceed the gross density allowed within the zoning district and allows remaining land to be used for common open space. Commercial vehicle: would be added. New recommendation: Remove this until further analysis of "contractor's office and storage yard" is completed. Condominium: would be added. Day Care, Child Care Center or Nursery Facility: would be repealed. New recommendation: Day Care, Child Care Center or Nursery Facility: See Day care center Day care center: would be added to consolidate the definitions for "child care", "day care", "nurseries" and "nursery facilities" into one definition that is consistent with the Virginia Code. Detached: would be added. New recommendation: Revise the proposed definition to: "When pertaining to structures, the absence of a physical connection to a structure by a structural element or structural feature., Dormitory: would be repealed because this term is not used elsewhere in the ordinance. Easement: would be clarified. Eating establishment: would be deleted as a separate definition and included in the definition of "restaurant." New recommendation: Eating establishment: See restaurant Family day home: would be added. Fast food restaurant: would be deleted as a separate definition and included in the definition of "restaurant." -2- ZTA-2001-011 Revised August 28, 2001 New recommendation: Fast food restaurant: See restaurant Fleet vehicle: would be added. New recommendation: Remove this until further analysis of "contractor's office and storage yard" is completed. Graveyard: would be deleted in favor of existing definition of "cemetery." New recommendation: Graveyard: See cemetery Grocery store: would be added. New recommendation: Remove this until further analysis of parking standards. Group home: would be revised to be made consistent with the Virginia Code and to correctly identify relevant state agencies. Home for Developmentally Disabled Persons: would be deleted. This use would be included in the definition of "group home." New recommendation: Home for Developmentally Disabled Persons: See group home Industrialized building: would be added. This term and definition are consistent with the building code. It replaces "temporary non-residential mobile home." Inoperable motor vehicle: would be deleted. Inoperable vehicle: would be added to clarify the definition of "inoperable motor vehicle." Junk: would be added. Junkyard: would be clarified. Manufacture and/or manufacturing: would be deleted. Manufacture or manufacturing: would clarify the heading and the definition. Manufactured home: would be added. The term and definition are consistent with the building code. It replaces the term "mobile home." Museum: would be added. -3- ZTA-2001-011 Revised August 28, 2001 Nursery school: See "Day Care, etc. ": would be deleted. These uses would be included in the consolidated definition of day care center. Office: would be clarified. The new definition would include "administrative office" and "professional office." Private school: would be clarified. This definition would generally include the uses identified as "schools of special instruction" and "technical and trade school" Professional office: would be deleted as a separate use and consolidated in the definition of office. New recommendation: Professional office: See office Proffer: would be added, Restaurant: would be revised to clarify the definition and to consolidate the definitions of "eating establishment" and "fast food restaurant" into the definition of restaurant. School of Sl~ecial Instruction: would be deleted. This use would be included in the definition of "private school." Service station: would be added. This definition would include the use "automobile service station." Siteplan: would be added. Slaughterhouse, custom: would be clarified. The use identified as "abattoir" is included in this definition. Use: would be added. Variance: would be added. ARTICLE II. BASIC REGULATIONS are provisions that govern all uses in all zoning districts in a uniform manner (unless special provisions are applicable, such as is the case with planned developments). The following text amendments are proposed for this article: 1. Section 4.6.2 Lots, determination of the front: would be consolidated into one section. Section 4.6.2.1 would be amended to clarify the language. Section 4.6.2.2 would be amended to define both portions of a comer lot abutting a street as a front, regardless of the lotting pattern. This is consistent with current practice. -4- ZTA-2001-011 Revised August 28, 2001 Section 4.6.2.3 would be amended to clarify the language regarding double frontage lots. Section 4.8.2 Temporary_ mobile homes would be amended to use the term industrialized building. This is consistent with the building code. Section 4.9 BUILDINGS AND STRUCTURES: HANDICAPPED ACCESS would be amended to make handicapped accessibility regulations consistent with current and future provisions of the Americans with Disabilities Act. This is consistent with current practice. Section 4.12.6.5 e Parking space size would be amended to make specifications for handicapped parking spaces consistent with the Americans with Disabilities Act. Section 4.12.6.6.1 d Determination of m~mber of parking spaces required for unspecified uses would be amended to clarify that the teim net office floor area is deemed to be 80% of gross floor area. This is consistent with current practice. New recommendation: Revise to read: "For purposes of this paragraph, net office floor area shall be deemed to be: (a) eighty (80) percent of the gross floor area; or (b) the applicant shall submit floor plans which delineate the net office floor area, in which case, such floor plans shall be binding as to ultimate usage. Section 5.1.02 Clubs, lodges would be amended to clarify the language and to remove reference to hours of operation. Section 5.1.06 DAY CARE, NURSERY FACILITY would be amended to make these supplemental regulations consistent with state regulations governing day care centers and family day homes. The term Welfare would be replaced with Social Services. The requirement to notify the Zoning Administrator of any license renewals, expiration, suspension, or revocation within three days would be repealed. This responsibility rests with the Department of Social Services. 8: Section 5.1.07 HOME FOR DEVELOPMENTALLY DISABLED PERSONS would be amended to replace the existing term with "group home." 9. Section 5.1.09 b Fire, ambulance, rescue squad, station (volunteer) would be amended to delete reference to hours of operation. 10. Section 5.1.15 Sawmill, temporary_ or permanent (SEE ALSO SECTION 5.1.23) would be amended to correct the State Code section governing forestry and to correct the name of the Virginia Department of Forestry. Reference to section 5.1.23 would be deleted because that section was repealed in 1992. -5- ZTA-2001-011 Revised August 28, 2001 11. Section 5.1.17 Tourist lodgin~ would be amended to clarify the language and to repeal the requirement to renew tourist lodging permits every five years. 12. Section 5.1.19 Wayside stand woUld be amended to clarify the language and to replace Virginia Department of Highways with Virginia Department of Transportation. 13. Sections 5.1.28.1, 5.1.28.2, & 5.1.28.4 Borrow, fill or waste areas would be amended to clarify the language. Section 5.1.28.7 Borrow, fill or waste areas would be amended to replace "natural materials such as soil, rock, stumpage and the like" with soil and rock. This is consistent with the Virginia Code. Sections 5.1.28.8 (b) Borrow, fill or waste areas would be amended to replace Virginia Department of Health Waste Division with Virginia Department of Environmental Quality. Sections 5.1.28.8 (c) Borrow, fill or waste areas would be amended to clarify the language and to replace Virginia Department of Highways with Virginia Department of Transportation 15. Section 5.1.25.4 Farm Winery_ would be amended to delete reference to hours of operation. 16. Section 5.3.8.4 Pedestrian Access would be amended to correctly reference section 32.7.2.8. 17. Section 5.3.8.7 LANDSCAPING AND SCREENING would be amended to correctly reference the landscaping provisions in sections 32.7.9 LANDSCAPING AND SCREENING REQUIREMENTS, 32.7.9.8(a) SCREENING and 32.7.9.4(b) CONTENTS (including conservation plan). Article III. DISTRICT REGULATIONS contain specific regulations for individual zoning districts. 1. Section 10.1 Intent, where permitted (Rural Areas) would be amended to correct a typographical error. 2. Section 10.3.3.1 Definitions would be amended to clarify the language and to specifically reference section 10.3.3. 3. Section 27.2.1.10 BY RIGHT (Light Industrial) would be amended to delete the requirement that machinery for welding and sheet metal work be limited to fifteen horse power per unit. -6- ZTA-2001-011 Revised August 28, 2001 New recommendation: This would be further revised to delete "employing machinery", a typographical error. Section 30.3.02.2 DETERMINATION OF FLOODWAY AND FLOODWAY FRINGE IN [A]PPROXIMATED FLOOD PLAIN would be amended to correct the typographical error in this heading. Section 30.5.6 AREA AND BULK REGULATIONS AND OPTIONS FOR BONUS FACTORS (Scenic Streams Overlay District) would be amended to establish the aerial photographs taken in December of 1980 as the basis for enforcement of the tree canopy requirements of this section. Also, Chapter 17 WATER PROTECTION would be referenced in this section. Article IV. PROCEDURE, provides for administration, enforcement and interpretation of the ordinance, site plan review process, amendment process, establishment of the BZA and the ARB and fees. Section 31.2.3.1 PERMITS REQUIRED; CONFORMANCE would be amended to provide that the building official rather than the zoning administrator issues building permits. 2. Section 31.2.3 CERTIFICATES OF OCCUPANCY; ZONING COMPLIANCE CLEARANCE would be amended to divide the regulations for COs and clearances into two separate sections for clarity. Section 31.2.3.1 Certificate of occupancy (proposed) would amend provisions for certificates of occupancy in order to make them consistent with the building code. Section 31.2.3.1 (a) Certificate of occupancy (proposed) would be amended to clarify the provisions for the bonding of work not yet completed. Section 31.2.3.2 Zoning compliance clearance (proposed) would be amended to clarify the language pertaining to clearances. Section 31.2.3.3 Authority to not issue certificate of occupancy or zoning clearance. (proposed) would be amended to clarify the language of this section and to set it apart with this heading. Section 31.2.4.2.2 WITHDRAWAL OF APPLICATION pertains to special permits. This would be amended to provide a process of automatic voluntary withdrawal of an application for a deferral of a special permit in the event there is no action taken by the commission or board within twelve months of the filing of the application. New recommendation: This section wouM be further revised to clarify that "director" refers to the director of Planning and Community Development. -7- ZTA-2001-011 Revised August 28, 2001 New recommendation: Also, this section would be further revised to add: "the complexity of the review of the application" to allow the director to consider the complexity of the review when determining to extend a period of deferral. 8. Section 31.2.4.4 CONDITIONS would be amended to correct the spelling of nonseverable. Section 31.2.4.4 REVOCATION would be amended to clarify the language of this section. Also, this section would be amended to provide for a single standard of 24 months regardless of whether or not construction is involved. 10. Section 32.4.2.7 would be amended to title this section "Appeal and Judicial review" and to properly identify the Code of Virginia. 11. Section 32.4.2.8 Application deemed withdrawn would be added. This would provide a process of automatic voluntary withdrawal of a preliminary site plan in the event there is no action taken by the agent, commission or board within six months of the filing of the application. 12. Section 32.4.3.10 Application deemed withdrawn (proposed) would be added. This would provide a process of automatic voluntary withdrawal of a final site plan in the event there is no action taken by the agent, commission or board within six months of the filing of an application for deferral. 13. Section 32.7.9.4 (b) CONTENTS would be amended to correct the page numbers cited in the Virginia Erosion and Sediment Control Handbook. 14. Section 33.0 AMENDMENTS would be revised to correct the applicable sections of the Code of Virginia. 15. Section 33.7 WITHDRAWAL OF PETITIONS would be modified to provide a process of automatic voluntary withdrawal of a rezoning petition in the event there is no action taken by the commission or board within twelve months of a filing of an application for deferral. This section also would provide a process for extensions. 16. Section 33.8.1 POSTING OF PROPERTY would be amended to clarify procedures for the posting of signs on parcels fronting on more than one road and for posting signs in a manner that accurately identifies the location of a proposed activity on a large parcel. -8- ATTACHMENT F d.~j~;i~:,ll~'MisCelian~us- Amend Article I. General Provisions. Article I1, Basic Regulations, Article III. District Regulations, and Article IV, Procedure, of Chapter 18, Zoning, of the Albemarle County Code to make numerous revisions to delete or replace obsolete terminology, clarify regulations, define terms correct cross-references an(: other simitar matters, and to clarify when certain inactive applications for land use approvals will be deemea to be withdrawn. (John Shepherd) Mr. Shepherd presented the staff report. Mr. Loewenstein said he understood the sequencing and relationship of the documents. He stated that he noticed that some terms are lal~eled "would be clarified". Are you saying that these would be further rewritten from the staff report? Albemarle County Planning Commission - August 28. 2001 5 Draft Minutes Submitted September 11. Mr. Kamptner stated the only changes from the version of the draft ordinance are highlighted in bold. Mr. Shepherd said if it is not in bold, it has not been rewritten. Mr. Rooker asked if everything was underlined, was that all a change. Mr. Shepherd replied that a strikethrough is existing language to be deleted. Anything that is underlined is new language. Mr. Rooker asked if every commissioner had had an opportunity to review ali of the ordinance. He suggested the commIssioners ask questions. Mr. Shepherd discussed the changes distributed this evening. Mr. Rooker asked at the end of the proposed definition, would that be deleted from the definition of a commercial vehicle. Mr. Shepherd replied that would be discussed further among staff. Mr. Rooker suggested that if staff is going to have a further discussion, technically you could say it is not a commercial vehicle if it is driven home one evening a month. Mr. Rietey asked if someone was keeping track of the items being removed. Mr Rooker asked if there was a standard to be used in the definition of net floor space. Mr. Shepherd replied that there was a definition for net floor area that covers that. Mr. Rieley asked for the difference between a slaughterhouse and a custom slaughterhouse. Mr Shepherd re~lied that custom slaughterhouse had the phrase in it "as a service". Referring to situations where an individual might take an animal to a farmer for slaughter as a service. "As a service" has just lingered in the language. We are removing those other definitions and have come up with a clarified definition. Mr. Rooker suggested going through the draft of the ordinance changes page-by-page. Page 4 Mr. Rooker suggested clarifying the usage of the defined term within the definition of Family Day Home. Mr. Loewenstein pointed out that the first sentence says more than five. Mr. Rooker stated that we were including the defined term in the second sentence. Mr. Loewenstein suggested replacing family day home with dwelling unit. Page 5 Mr. Rooker asked if everything had to be done off-site to be an industrialized building. Mr. Shepherd replied that the language was taken directly from the building code. Albemarle County. Planning Commission - August 28. 2001 6 Draft Minutes SUbmitted September 11. Mr. Rooker asked if you had something that's manufactured, that comes to the site with everything except the heat. would that not be an industrialized building? Mr. Shepherd replied he thought that would matter to the building official in terms of code. Page 6 Mr, Rool(er said it seemed that we were calling all these things junk with no context. Mr. Kamptner stated that the term junk operates in conjunction with junkyard. Mr. Rooker verified that staff was comfortable with the definition as it appears. Mr. Kamptner replied that in the context, we are fine with it. Mr. Rooker said he read it as if you maintain furniture in a structure, it's a junkyard. Mr. Kaml2tner stated that if you compile drums of abandoned liquids and automobile parts within a structure that constitutes a junkyard under the zoning ordinance. We might not have the ability to enforce that. Mr. Rooker said he reads it. as any place where household furniture ~s maintained is a junkyard. Those things don't seem to work together correctly. Mr. Loewenstein pointed out that the initial language in the definition of junk applies to all the items listed below. Mr, Rooker stated that it needs to be (]one so that the things that are following that are clear. Mr, Rieley said he did not think it was clear. Mr, Loewenstein said he agreed, but he thought that was the intent. Mr. Rooker suggested saying including, then lists the items. Mr. Loewenstein asked what bailing meant in this context. Mr. Kampmer said staff took the word from the old definition, which used "ail". Mr. Rooker made the same point on the oefinition of manufactured home, It seems we are requiring all of these things to be done by the manufacturer: Mr. Rooker said technically seems that if you add an air conditioner later, you've changed the definition of you r structure. Mr. Shepherd said it operates in the opposite way with a manufactured home it allows it to be inspected at the factory, and allows it to be exempted from the building inspections on it. Mr, Rooker said it seems that the language s~gnificantly limits the definition. Mr. Shepherd stated that the intention was to make the zoning ordinance consistent with the ~uilding code. Albemarle County Planning Commission- August 28,2001 Draft Minutes Submitted September 11. Page 9 Mr. Rooker asked about C at the top. Why would the narrower boundary be considered the frontage? Mr. Shepherd replied that is essentially what the current ordinance calls for now. Mr. Rooker asked if there was any logic behind doing it that way. Mr. Shepherd said that we were not trying to change the record at this time. Page 11 Mr. Rieley asked about the addition in 5.1.06 of appropriate licensure. He suggested changing the language from appropriate to required~ Mr. Loewenstein asked if there were other things that would be included under fund-raising activities in 5.1.02b. Mr. Kamptner replied yard sale, bake sale, car wash, and other things like that. Mr. P, ooker said that the limitation to daylight hours makes it somewhat less of a concern. Mr. Loewenstein said that leaves out a lot of possibilities. Ms. McCulleY replied that she is not aware of any cases in which that has presented a problem. Mr. Loewenstein stated that it was just a matter of clarifying the language. Mr. Kamptner said staff would look to whether or not it is a fundraising activity and make the determination based upon that. Page 12 Mr. Craddock asked about the hours listed under sawmill, in item C. Was that part of the old word!ng? Ms. McCulley replied that it part of the existing language which she believes is a concern about lighting and noise. Mr. Rooker questioned the elimination of language under tourist lodging. Mr. Shepherd replied that it is difficult for the zoning department to keep up with the five-year renewal. As the health department routinely inspects these properties, it seems like the proper place for enforcement lies with the health department. Ms. McCulley replied that the changes would eliminate the five-year renewals and require VDOT approval of the entrance. Mr. Rooker asked if that was a non-waivable requirement. We often don't impose that requirement and it might not be necessary with a small property. Mr. Shepherd said that the language did not specify commercial entrance, but rather that VDOT approves it for commercial access to the site. Albemarle County Planning Commission - August 28, 2001 Draft Minutes Submitted September 11. Mr. Rieley pointed out that gives VDOT the authority in a Place where they currently do not have it. It seems to go beyond clarifying the language to changing policy. Mr. Kamptner stated that the commission would retain the ab ty to grant the waiver. Mr. Loewenstein suggested rewording the phrase to "the zoning administrator may approve a zoning compliance clearance for tourist lodging, provided that the Albemarle County fire official and the Virginia Department of Health approve the use". He suggested striking the entire VDOT phrasing. Mr. Rieley and Mr. Rocker agreed. Mr. Rieley said he thought tl~e issue of getting VDOT to permit was substantive. Mr. Kaml2mer said he would need to look at the language, that "may" may need to be a "st~all". Mr. Rocker said that all we would do tonight would be to make a recommendation for approval. Mr. Rieley asked if the law regarding that i~ad changed, because the old one said, "may" Mr. Rocker said that Mr. Kamptner will check that out before it goes to the Board. Mr. Kamptner said his question was if the zoning administrator have discretion to deny the zoning compliance clearance. Page 15 Mr. Loewenstein asked under #2 daily tours, this is not new language, correct? Mr. Kamptner replied that the only change was to the end in hours of operation. Page 20 Mr. Rocker said he was assuming the 1980 pl~otographs were the most recent, Mr. Shepherd replied they were. Ms. McCutley stated they were the appropriate base aerials. Page 22 Mr. Loewenstein asked in item c at the top, is that "be issued". Mr. Kamptner said staff was going back and forth on that. Mr. Loewenstein stated he thought "be issued" would be correct usage. Mr. Rocker asked if, under zoning compliance clearance, it required a clearance every time a user within a commercial building changes. Ms. McCulley replied it would. Mr. Rocker verified that would be required for rental office space. Ms. McCulley replied it would. We are trying to work as closely as possible to coordinate business license with zomng clearance. Albemarle County. Planning Commission- August 28,2001 Draft Minutes Submitted September 11. Mr. Rooker opened the public hearing on this issue. Ms. Valerie Long suggested deeming withdrawal within twelve months after the rea uest for-the deferral. That would apply to a number of provisions. She said she noticed .on the last page of the staff's explanation it seemed that the intent was to refer to deferral. Mr. Loewenstein clarified that on page 24, in section 34.4.2.8 that refers to 6 months. Ms. Long suggested using the same concept, with the trigger date being from the date of deferral. Mr. Rieley said it seems that falls into the category of changing the way things operate, rat~er than cleaning up the language. Mr. Rooker asked what would be gained by deeming one of these applications abandoned or withdrawn when they are ~n the active mode of deferring. Mr. Rieley said he agreed, but the focus of this was to clean up the language. Mr. Kamptner said that although the ZTA's purpose was primarily cleaning up language, staff was also dealing with some administrative processes. Mr. Loewenstein said he would like to hear from Mr. Cilimberg. Mr. Shepherd stated that it is our intent that the trigger date would be the requested date of deferral, not the original application date. Mr. Cilimberg said that what staff wants to avoid is an indefinite deferral that we never hear from again. Mr. Rooker said that the language needs to be changed to reflect that in these four instances. There being no further comment, Mr. Rooker closed the public hearing. Mr. Thomas said that on page 5, the word "electrical" needs to be corrected. Mr. Kamptner asked if we had changed the timeframe from 6-12 months? Mr. Rooker replied that they remain the same. Mr. Rieley moYed for approval with requested changes. Mr. Loewenstein seconded the motion, which passee unanimously. COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax 1804) 972 - 4012 COUNTY OF, ALBEMARLE EXECUTIVE OFF~CE MEMORANDUM TO: FROM: DATE: RE: Robert W. Tucker, Jr., County Executive John Shepherd September 7, 2001 ZTA-01-11 Housekeeping The Albemarle County Planning Commission, at its meeting on August 28, 2001, recommended approval of the above-noted zoning text amendment to the Board of Supervisors. This recommendation for approval is subject to numerous modifications which are pending. A report will be submitted for the October 3, 2001 Board meeting. If you have any questions, please do not hesitate to contact me. JS/jcf Voting Delegate: (Supervisor) Name VACo 2001 Annual Meeting Voting Credentials Form Charlotte Y. Humphris Title Supervisor, Jack Jouett District Lo¢~i~ Albemarle County Alternate Delegate: (Supervisor)_.. Name Sallv H. Thomas Title Chairman, Board of Supervisors Locality Albemarle County Certified by: (Clerk of the Board) Name Title ~ ~,~/~ / Locality Albemarle County VACo 2001 Annual Meeting Proxy,' Statement County authorizes the foil owing person to cast its vote at the 2001 Annual Meeting of the Virginia Association of Counties on November 13,2001. non-elected official of this county. -OR- supendsor t¥om This authorization Uninstructed: The proxy may use his/her discretion to cast issue to com~ before the annual meeting. County. County's votes on any Instructed. The proxy is limited in how he/she may cast County's votes. The issues on which he/she may cast those votes and how he/she should vote are: (List issues and instructions on the back of this form) Certified by: Name Title Locality ..... ::!;: SOCIA ON OF COUNTIES President ' ' ~0: Chairs, Co~W Bo~d of Supervisors Ja&son T. W~d H~o~e~ Coun~ Co~ty Chief AdmiNstrative Officers President-Hect Gerald W. Hyland Fairfax County First Vice President Oliver H. Bennett 'Northampton County Second Vice President Wayne A. Acors Caroline County Secretary-Treasurer Mar~ Lee Carter Spotsylvania County Immediate Past President Ferris M. Belman, Sr. Stafford County Executive Director James D. Campbell, CAE General Counsel C. Flippo Hicks 1001 East Broad Street Suite LL 20 Richmond, Virginia 23219-1928 (804) 788-6652 FAX (804) 788-0083 E-maih mailCa~vaco.org Web site: www. vaco.org CONNECTING COUNTY GOVERNMENTS SINCE 1934 FR OM: James D. Campbell, Executive Director Voting Credentials for the Annual Business Meeting DA TE : September 24, 2001 The 2001 Annual Business Meeting of the Virginia Association of Counties will be held on Tuesday, November 13, from 10:30 a.m. to Noon at The Homestead in Bath County. Article VI of the VACo ByLaws state that each county shall designate a representative of its board of supervisors to cast its vote(s) at the 'Annual Business Meeting. However, ifa member of the board of supervisors cannot be present for this meeting, the Association's ByLaws allow a county to designate a non-elected official from your county or a member of a board of supervisors from another county to cast a proxy vote(s) for your county. For your county to be certified to vote at the Annual Busi. ness Meeting, (t) your annual dues must b.e paid in' full and (2)either a completed Voting Credentials Form.or a ProXy Statement must be submitted to VACo by November 1,2001. Alternatively, thi's'inf0rmation may be submitted to .the Credentials Committee at.its meeting on MOnday, NOvember 12, at 4:30 p.m. in the Monroe 'Room or to the conferende registration desk before this meeting. NOMINATING COMMITTEE The Nominating Committee will meet at 4:45 p.m. in the Wilson Room on Monday, November 12th during VACo's Annual Conference at the Homestead. The committee is charged to.nominate a candidate for President-Elect, First Vice President, Second Vice President, and Secretary-Treasurer to be elected at the Annual Business Meeting. Please send your expressions of interest and nominations to the Committee or to VACo's Executive Director. REGIONAL DIRECTORS Pursuant to VACo's By-Laws, "regional directors shall be selected at the Annual Meeting by the member counties located within the region which the director will represent."' Regional caucuses will be scheduled during the Anm/al Meeting to select directors. IncUmbent regional directors should chair the caucuses: P~eports should be given to VACo's Executive Director by 6:00 p.m. on Monday, - November t2th. The attached list shows the regional directors that must be selected. JDC: bjp [vote credentials memo 2001.doc] Attachments cc: VACo Board of Directors Nominations Committee Regional Directors to be selected in 2001 We need a director from Term to Ex,:ire Incumbent Region 2 2003 Altemus Region 3 2003 Humphrey Region 3 2003 Ringley Region 4 2003 (Vacant) Region 7 2003 Wolfe Region 8 2003 Barg Region 8 2003 Caddigan Region 8 2003 Gross Region 8 2003 Mendelsohn Region 8 2002 (Vacant) Region 9 2003 Kyger Region 10 2003 Burnette Region 13 2003 Hensley Room Dominion Chesapeake Chesapeake Shenandoah Allegheny Piedmont Piedmont Piedmont Piedmont Piedmont Wilson Appalachian Blue Ridge Nominating Committee - 2001 REGION MEMBER COUNTY 'TITLE I Laura Belle Gordy Accomack Supervisor 2 J. Grady Martin Brunswick Supervisor 3 Margaret Harris-Manning Powhatan Supervisor 4 Charlotte Y. HumPhris Albemarle Supervisor: 5 &&& Don "Robin" Sullenberger Highland Supervisor 6 Joanne G. Burkholder Greene ' SuperviSor , 7 Robert W. Farmer Caroline Supervisor 8 Katherine K. Hanley Fairfax Supervisor 9 William G., Loope Botetourt Supervisor 10 Joseph Sheffey Pulaski Supervisor !1~ James H. Jones Tazewell Supervisor 12 Kenneth D. Hensley Scott Supervisor James CamPbell. VACo Staff &&& indicates.chair *~ indicates vice chair 12/00 Revised 09/21/2001 Mrs. Laura Belle Supervisor Accomack County PO Box 247 Onley VA 234t 8 1--787-2908 Ibgordy@visi.net Gordy Ms=-Chariotte Y, Humphri~ ~r~ supervisor Albemarle County 109, Falcon Dr. Charlottesville VA 22901-2035 1-434-296-7806 chumphd@albemarle:org Nominating Committee Ms. Margaret Harris-Manning Su pervisor ¢ Powhatan County 4662 Bell Rd. Powhatan VA 23139-4701 1-804-598-3478 Mr.,Joseph L. Sheffey Chairman · Pulaski County- Drawer 1127.- D~61iri vA' 2~4084 1-540;980-7705 tsafewright@pa-va.o rg Mr. William G. Loope Chairman Botetourt County 100 Shore Dr. Roanoke VA 24012 1-540-977-5777 wglooPe@prodigy.net Mr. Kenneth D. Hensley Chairman Scott County 142 Yuma Rd. Weber City VA 24290-6801 1-276-386.6521 bedwardsmouneEcom Mr. J. Grady Martin Chairman Brunswick County 121 Crescent Drive Lawrenceville VA 23868 1-434-848-2329 Mr. James H. Jones Supervisor Tazewell County 115 Windsor Cir Bluefield VA 24605 1-540-332-3088 doublej@inetone.net Mr. Robert W. Farmer Supervisor Caroline County P. O. Box-541 Bowling Green VA 22427 1-804-633-6094 Ms. Katherine K. Hanley Chairperson Faiffax County 12000 Government Center Pky #530 Fairfa~( VA 22035-0001 1-703-324-2321 chairman@co.fairfax, va.us Ms Joanne G. Burkholder Supervisor Greene County 5894 Spring Hill Rd Ruckersville VA 22968 1-434-985-7382 ~r. Don "Robin" Sullenberger III 3hairman -tighland County = O Box 130 vlonterey VA 24465 ' 1-540-468-2421 lcboard@intelos.net Virginia Association of Counties Regions VACO Regions [---3 7 l'"--I s ['"-'] Jo West Virginia Aug~a 'x Maryland ~berland Kent~ Tennessee Washington Wylh~ North Carolina The Virginia Geographic hffommtion'Net~30'rl~!- Hil'P ://w~'r~v'vgin' state"~aii~ :" Septembee 2001:,' REGION 1 ACCOMACK ISLE OF WIGHT NORTHAMPTON PRINCE GEORGE SOUTHAMPTON SUFFOLK CITY SURRY SUSSEX REGION 2 ESSEX GLOUCESTER JAMES CITY KING & QUEEN KING WILLIAM · LANCASTER MATHEWS MIDDLESEX NORTHUMBERL.~ RICHMOND WESTMORELAND YORK REGIO_;Y $ CI-LKRLE S CITY CHESTERFIELD HANOVER HENRICO NEW KENT REGION 4 AMELIA BRUNSWICK CH_A2~LOTTE DINWIDDIE GREENSVILLE LUNENBURG MECKLENBURG NOTTOWAY PRINCE EDWARD REGION $ ALBEMARLE BUCKINGHAM CUMBERLAND FLUVANNA GOOCHLAND POWHATAN NELSON REGION 6 FREDERICK GREENE MADISON PAGE SHENANDOAH WARREN REGION 7 CAROLINE CULPEPER FAUQUIER KING GEORGE LOUISA ORA_NGE RAPPAHANNOCK SPOTSY-LVANIA STAFFORD REGION 8 ARLINGTON FAIRFAX LOUDOUN PRINCE WILLIAM REGION9 ALLEGHANY AMHERST 'AUGUSTA BATH HIGHLAND ROCKBRIDGE ROCKINGHAM ~ REGION 10 APPOMATTOX CAMPBELL FLOYD FRANKLIN HALIFAX HENRY MONTGOMERY PATRICK PITTSYLVANIA REGION 11 BEDFORD . BOTETOUT CRAIG GILES ROANOKE REGION 12 BLAND CARROLL GRAYSON PULASKI SMYTH WASHINGTON WYTHE REGION 13 BUCHANAN DICKENSON LEE RUSSELL SCOTT TAZEWELL WISE