HomeMy WebLinkAbout2002-02-13 FlEA
F EBRUAR¥~3;2002
7i00PiM M EETINGROOM2~I
2.
3.
4.
5.
6.
11.
12.
Call to Order.
Pledge of Allegiance.
Moment of Silence.
From the Public: Matters Not Listed on the Agenda.
Consent A.qenda (on next pa.qe).
SP-2001-049. Thomas Harris (Sign #79). Public hearing on a request to allow public garage/
auto repair shop in accord w/Sec 10.2.2.37 of the Zoning Ord. TM08, P35A, contains one-half ac.
Located at 6929 Markwood Rd one-half mi N of Davis Shop Rd. Znd RA. White Hall Dist.
SP-2001-054 B.C. Spencer Enterprises (Sign #97). Public hearing on a request to allow Home
Occupation Class B (firearms business) in accord w/Sec 10.2.2.31 of the Zoning Ord. TM104, P22,
contains 10.0 acs. Located on Rt 620 approx 0.4 mi from intersec of Rt 620 & Rt 728. Znd RA.
Scottsville Dist.
ZTA 2001-014. Civil Penalties. Public hearing on an Ordinance to amend Sec 37.2, Civil penalty,
of Chapter 18, Zoning, of the Albemarle County Code, to add any violation of Zoning Ord §§ 31.2.1,
31.2.2 or 31.2.3, which regulate use & occupancy when building permits, certificates of occupancy,
& zoning compliance clearances are required, respectively, to the schedule of violations subject to
civil penalties; & to make nonsubstantive corrections to certain Zoning Ord section numbers cross-
referenced.
Legislative Update.
Approval of Minutes: Au(lust 8, September 27(A), October 3, December 5 and
December 10(A), 2001.
From the Board: Matters Not Listed on the Agenda.
Adjourn.
FOR APPROVAL:
5.1 Whitewood Village Apartments - request for support on application for low income housing tax credits and
designation of complex as revitalization area.
5.2 Resolution of Support - Virginia Birding and Wildlife Trail.
5.3 Authorize County Executive to Execute Extension of Contract for Electrical Service with Appalachian Power
Company.
5.4 Six Year Secondary_ Road Priority List.
FOR INFORMATION:
5.5 Albemarle County Planning Commission - 2000 Annual Report.
5.6 Copy of draft Planning Commission minutes for January 15, 2002.
Return to Regular Agenda
ACTIONS
Board of Supervisors Meeting of February 13, 2002
February 14, 2002
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to order.
4. From the Public: Matters Not Listed on the Agenda.
· There were none.
5.1. Whitewood Village Apartments - request for support on
application for Iow income housing tax credits and designation
of complex as revitalization area.
· SUPPORTED the acquisition and rehabilitation of Whitewood
Village, AUTHORIZED the County Executive to sign the
LOCAL SUPPORT letter; ADOPTED the attached Resolution
supporting the project and designating the project as a
revitalization area and AUTHORIZED the County Executive to
sign the LOCAL CERTIFICATION letter.
5.2. Resolution of Support - Virginia Birding and Wildlife Trail.
· ADOPTED Resolution.
5.3. Authorize County Executive to Execute Extension of Contract
for Electrical Service with Appalachian Power Company.
· ADOPTED Resolution authorizing County Executive to execute
contract.
5.4. Six Year Secondary Road Priority List, Approval of.
· ADOPTED VDOT's Construction Program Estimate
Allocations.
6. SP-2001-049. Thomas Harris (Sign #79).
· APPROVED SP-2001-049 subject to 18 conditions
Meeting was called to Order at 7:00 p.m., by the
Chairman. All BOS members present. Also
present were Bob Tucker, Larry Davis, Wayne
Cilimberg and Ella Carey.
Clerk: Forward documents to Ron White to
forward to VHDA. (Attachment 1)
Clerk: Forward Resolution to Chris Gensic at
TJPDC. (Attachment 2)
Clerk: Forward Resolution to Howard Dobbins.
(Attachment 3)
Juan Wade: After Mr. Tucker's signature, forward
signed document to Jim Bryan. When document
has been signed by VDOT, returned copy to Clerk
for files.
Clerk: Set out conditions in Attachment 4.
7. SP-2001-054. B. C. Spencer Enterprises (Sign #97).
· APPROVED SP-2001-054. None.
8. ZTA-2001-014. Civil Penalties.
· ADOPTED the attached Ordinance.
9. Legislative Update.
· Lori Spencer and Larry Davis provided the Board with an
update.
11. From the Board: Matters Not Listed on the Agenda.
· Mr. Dottier indicated that he would not be present for the
February 20th Board meeting.
· Mr. Perkins updated the Board on the status of keeping the
railroad crossing in Crozet open.
14. Adjourn.
· At 8:35 p.m., the meeting was adjourned.
Clerk: Forward Ordinance to County Attorney's
office for inclusion in next update of County Code
and copy appropriate individuals. (Attachment 5)
None.
None.
/ewc
Attachment 1 - Resolution - Whitewood Village Apartments
Attachment 2 - Resolution - Virginia Birding and Wildlife Trail
Attachment 3 - Resolution - Contract Extension with APCO.
]
Attachment 4 - Planning Conditions of Approval
Attachment 5 - Ordinance - Civil Penalties
Attachment I
RESOLUTION SUPPORTING REHABILITATION
OF AFFORDABLE HOUSING IN THE EXISTING
WHITEWOOD VILLAGE APARTMENTS
WHEREAS, Albemarle Housing Improvement Program (AHIP) has entered into a partnership
with Albemarle Housing Associates, L.P. for the purpose of acquiring and rehabilitating the existing 96-
unit residential apartment complex known as Whitewood Village Apartments within the County of
Albemarle to continue to make these units affordable to the public; and,
WHEREAS, the Board of Supervisors of Albemarle County recognize the need to preserve quality
affordable housing units in the County and is supportive of these efforts to rehabilitate the units; and,
WHEREAS, the Board of Supervisors desires to show its support for the proposed rehabilitation
of the affordable housing units in the Whitewood Village Apartment complex.
NOW THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County
expresses its support for and pledges its cooperation in the efforts by AHIP and Albemarle Housing
Associates, L.P. to preserve and rehabilitate the Whitewood Village Apartments and does hereby support
their application to the Virginia Housing Development Authority for federal tax credits in connection with
the proposed rehabilitation and further does designate the Whitewood Village Apartment complex as a
revitalization area.
Adopted this 13th day of February 2002.
TRANSPORTATION ENHANCEMENT GRANT
VIRGINIA BIRDING AND WILDLIFE TRAIL
PROJECT ENDORSEMENT RESOLUTION
Attachment 2
WHEREAS, in accordance with Commonwealth Transportation Board construction allocation
procedures, it is necessary that a request by resolution be received from the local government or state
agency in order for the Virginia Department of Transportation to program a transportation enhancement
project in the Thomas Jefferson Planning District (PD#10); and
WHEREAS, the proposed Virginia Birding and Wildlife Trail will encourage tourism and
appreciation of the natural environment in the Thomas Jefferson Region;
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
requests the Commonwealth Transportation Board to support the Virginia Department of Game and
Inland Fisheries application to continue development of the Virginia Birding and Wildlife Trail into the
Central portion of the state.
Adopted by the Albemarle County Board of Supervisors this 13th day of February, 2002.
Attachment 3
Resolution Authorizing Electric Service Contract Extension
WHEREAS, the VML/VACo-Appalachian Power Company (APCo) Steering Committee (the
"Committee"), comprised of representatives of local governments and political subdivisions, has for many
years negotiated on behalf of such governmental units within the service area of APCo the terms of
standard contract forms which have included rates for the purchase of electricity supply and delivery
service and for the installation, maintenance and delivery service for street lights by and for said
governmental units from APCo as a single source provider; and
WHEREAS, the most recent such contracts for the period beginning July 1, 2000 will terminate
on June 30, 2002; and
WHEREAS, on or about February 12, 2001, APCo agreed with the Committee to extend the
terms of such contracts to December 31, 2003 at rates set forth in the Company's Schedule 17 on file
with the Virginia State Corporation Commission (the "Commission"); and
WHEREAS, on or about July 24, 2001, American Electric Power Co. ("AEP"), parent corporation
of APCo, filed a proceeding in the Federal Energy Regulation Commission ("FERC") seeking approval of
amendment of its intercompany agreement which inter alia affects the supply and computation of the
price for electricity furnished to APCo in excess of that produced by APCo, in which proceeding the
Steering Committee and the Town of Wytheville appeared and objected; and
WHEREAS, in consideration of the Committee and the Town of Wytheville agreeing to a
negotiated settlement of the FERC proceeding which provides substantial protection against potential
escalation of the fuel factor which is a component of APCo's total pricing for electricity supplied to its retail
customers, including the governmental units, APCo has granted to the governmental units the election to
(1) terminate the current contracts on June 30, 2002, or (2) extend the contracts at Schedule 17 rates to
December 31, 2003 pursuant to the offer dated February 12, 2001, or (3)(a) to extend the current
contracts through June 30, 2007, at rates contained in APCo's unbundled Standard Rate Schedules, or
any successor or replacement schedules then on file and approved by the Commission; and (b) to extend
street light service at rates as in effect July 1,2000, but subject to changes in the fuel factor; provided that
election (3) is conditioned upon the governmental unit so electing, notifying APCo of its election within 90
days of December 18, 2001, that (i) it has chosen APCo to provide generation service through June 30,
2007, and (ii) that it will not chose a different supplier prior to such date; and (iii) it will not request the
Commission to determine rates and provisions for default service different from that provided under its
contract, as amended by election (3); and
WHEREAS, the Committee has recommended that the governmental units, including the County,
exercise election (3) above, that is, the extension of current contracts with APCo for electric service and
delivery thereof from July 1,2002 through June 30, 2007, including street light contracts, at the rates and
subject to the conditions all as set forth in the letter dated December 18, 2001 signed on behalf of APCo
and AEP and on behalf of the Steering Committee and the Town of Wytheville, all by counsel, which is
attached hereto as Exhibit A and incorporating letters dated February 12 and February 15, 2001 attached
hereto as Exhibits B1 and B2; and
WHEREAS, it appearing to the Board of Supervisors of the County of Albemarle that there is only
one source practically available which can and will supply electricity service and delivery thereof for the
entire needs of the County at established rates for such bundled service or unbundled generation service
for the period from July 1, 2002 through June 30, 2007, as negotiated and recommended by the
Committee; and it further appearing that even if there should develop a truly competitive market in the
APCo area for generation service, it is questionable whether the Virginia Electricity Restructuring Act (the
"Act") provides for capped rates or default rates for public authorities in the APCo area, and if not could
place the County at a disadvantage in the event it elects to contract with an alternative supplier or if such
alternative supplier should default and be unable to provide the electricity; and it further appearing that
notice hereof has been posted or published as specified in Va. Code § 2.2-4303(E) that competitive
sealed bidding and competitive negotiation for such services for such period, are not fiscally
advantageous to the public because the procurement process for electric services in a competitive
market, even if there should be such a market, must be of such flexibility to provide a rapid response to
fluctuating market conditions on a daily, or even hourly, basis; and it further appearing that the contract
extensions recommended and agreed to by the Committee will provide the County with a safeguard
against excessive electricity generation costs both at this date and in the foreseeable future due to a lack
of real competition in this area of Virginia; and
WHEREAS, in addition to the fact that no other source is practically available for such electric
services for such period, the APCo offer to extend the contracts, being for a limited time, i.e., ninety (90)
days from December 18, 2001, is such that an emergency does exist inasmuch as such period is not
sufficient for the County to correctly assess its entire needs for electric service, whether for the short term
or through June 30, 2007, to prepare and receive requests for proposals and to review, consider and act
upon any proposals which may possibly be received.
NOW, THEREFORE, BE IT HEREBY RESOLVED that:
(1) The County accepts APCo's offer to extend its current contract for electric service on a
bundled basis, including its street light contract, from July 1, 2002 through June 30, 2007, as set forth in
Exhibit A and as agreed and recommended by the Committee.
(2) In accordance with the conditions in APCo's offer, the County agrees that (i) it has
chosen APCo to provide generation service through June 30, 2007; (ii) it will not choose a different
supplier prior to such date; and (iii) it will not request the State Corporation Commission to determine
rates and provisions for default service different from that provided in the contracts, as amended and
extended as set forth above.
(3) The County Executive is hereby authorized and directed to execute and deliver on behalf
of the County all documents as shall be deemed appropriate to carry out the foregoing action.
(4) This Resolution shall take effect immediately.
The Clerk is directed to notify APCo of the aforesaid election and agreements by transmitting a
copy hereof to counsel for the Committee, Howard W. Dobbins, 1021 East Cary Street, P. O. Box 1320,
Richmond, VA 23218-1320, who is authorized to deliver same to APCo.
Attachment 4
Conditions of Approval
6. SP-2001-049. Thomas Harris (Si.qn #79). Public hearing on a request to allow public
garage/auto repair shop in accord w/Sec 10.2.2.37 of the Zoning Ord. TM08, P35A, contains one-half ac.
Located at 6929 Markwood Rd one-half mi N of Davis Shop Rd. Znd RA. White Hall Dist.
10.
11.
The public garage use is limited to repairing and equipping vehicles unless Condition 8 is
satisfied and body work and vehicle painting is permitted. In that case, repairing and equipping
vehicles shall be the primary uses, and body work and vehicle painting shall be conducted only
as accessory uses;
The permittee shall post and maintain a bond or other form of security, subject to the approval of
the County Attorney, in the amount of ten thousand dollars ($10,000) to address any violation of
the uniform building, electrical, fire prevention or plumbing codes or the Zoning Ordinance on the
property. The County, including its officers, employees and agents, shall have the authority to
enter the property and abate or remove the violation(s) after thirty (30) days following the
issuance date of a written Notice of Violation, using funds from the security to pay for the cost of
abatement;
Within three (3) months following approval of this special use permit, the permittee shall apply for
a commercial entrance that meets Virginia Department of Transportation (VDOT) specifications,
including all specifications for sight distance. In order to satisfy the specifications for sight
distance, VDOT may require a sight easement on the adjacent property to the north to
accommodate the relocation of the driveway on the subject property. The commercial entrance
shall be completed to the satisfaction of VDOT within three (3) months following approval of the
site plan or site plan waiver;
Within one (1) month following approval of this special use permit, the permittee shall submit to
the County either a site plan or an application for a site plan waiver and shall obtain preliminary
site plan approval or approval of a site plan waiver. If a preliminary site plan is approved, within
one (1) month of that approval the permittee shall submit for approval the final site plan. If a final
site plan is not approved within six (6) months after the date the preliminary site plan was
approved, the public garage use shall cease until a final site plan is approved;
Within three (3) months following approval of this special use permit, the permittee shall apply for
approval from the Virginia Department of Environmental Quality (DEQ) for storing oil, radiator
fluid and other chemicals associated with the public garage. Storage shall conform to all
requirements of DEQ. The chemicals shall be stored under a shelter with overhead coverage.
Within three (3) months following approval of this special use permit, the permittee shall obtain
written approval from the County Department of Fire and Rescue of a means to contain
accidental or incidental spills from storage drums or containers and a spill containment system;
Within three (3) months following approval of this special use permit, the permittee shall either
remove or demolish one of the dwelling units on the property, or convert it so that it is no longer a
dwelling unit within the meaning of the Zoning Ordinance, as determined by the Zoning
Administrator;
Within one (1) month following approval of this special use permit, the permittee shall submit to
the DEQ a Form 7 application for an air permitting determination for the paint operation. The
permittee shall comply with all rules and regulations imposed by DEQ. If a Form 7 application is
not submitted or if the permittee fails to comply with all rules and regulations imposed by DEQ,
body work and spray painting vehicles is prohibited;
Gasoline sales are prohibited;
The sale or rental of vehicles or other motorized equipment is prohibited;
All repairing or equipping of vehicles shall take place inside the existing garage, with the
exception of vehicles being repaired on the vehicle lift located adjacent to the garage;
7
12.
13.
14.
15.
16.
17.
18.
The outdoor storage of parts, equipment, machinery and junk is prohibited;
No more than a total of ten (10) vehicles associated with the public garage use shall be located
outside any enclosed structure. All vehicles associated with the public garage use shall be
parked only in the gravel parking area shown on the plan titled "SP 01-49 Harris Garage Concept
Plan," which is made a part of these conditions. "Vehicles associated with the public garage use"
include, but are not limited to, the vehicles of the public garage customers; and the vehicles of the
owner or occupant of the property, or any other person, that: (a) are inoperable vehicles within
the meaning of Section 3.1 of the Zoning Ordinance; (b) are being or will be repaired, equipped,
restored, refurbished, or painted; (c) are having or will have body work performed on them; or (d)
are having or will have their parts or equipment removed, to be used in the repair or equipping of
other vehicles or to be sold;
Within three (3) months following approval of this special use permit, the permittee shall obtain
written Fire Official approval of the garage operation;
Within three (3) months following the approval of this special use permit, the permittee shall apply
for Health Department approval of the septic system. The septic system shall comply with Health
Department requirements;
Within three (3) months following approval of this special use permit, the permittee shall obtain
written Engineering Department approval of the waste disposal and collection methods;
The hours of operation shall be between 8 A.M. and 8 P.M., Monday through Saturday. These
hours of operation do not prohibit customers from dropping off vehicles before 8 A.M. on the days
of operation; and
Within three (3) months following approval of the site plan or site plan waiver, the permittee shall
install and thereafter maintain a minimum twenty (20)-foot deep landscape evergreen-screening
buffer to shield the view of the garage from adjacent properties and Markwood Road. The
screening buffer shall be located in the approximate area labeled "gravel parking," and between
the building and the street, as shown on the "SP 01-49 Harris Garage Concept Plan." The
spacing and materials used in the landscape buffer shall be approved by the Planning Director.
The permittee shall also submit a landscape plan with the site plan application.
Attachment 5
ORDINANCE NO. 02-18(3)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE V, VIOLATION AND PENALTY, 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 V, Violation and Penalty, of the Code of the County of Albemarle is amended as follows:
By Amending:
Sec. 37.2 Civil penalty.
Chapter 18. Zoning
Article V. Violation and Penalty
Sec. 37.2 Civil penalty.
Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates any
provision of this chapter, or permits any such violation, or fails to comply with any of the
requirements hereof, or who erects any building or structure or uses any building, structure or
land in violation of this chapter or any site plan or other detailed statement or plan submitted by
him and approved under the provisions of this chapter, shall be subject to the following:
Schedule of violations subject to one hundred dollar ($100,00) civil penalty for first
violation. Any violation of the following provisions of this chapter shall be subject to a civil
penalty of one hundred dollars ($100.00) for the first violation, and a civil penalty of one
hundred fifty dollars ($150.00) for each subsequent violation arising from the same set of
operative facts:
Each use of a lot, including the use of any structure thereon, not authorized
either as a matter of right or by special use permit by the zoning regulations
applicable to the district in which the lot is located, in violation of, as applicable,
sections and subsections 10.2, 12.2, 13.2, 14.2, 15.2, 16.2, 17.2, 18.2, 19.3,
20.3, 20.4, 20.5, 20.6, 21.2, 22.2, 23.2, 24.2, 25.2, 25A.2, 26.3, 27.2, 28.2, 29.2,
30.2.4, 30.3.05, 30.3.06, 30.4.02, 30.5.5 or 30.6.3.
The location of a structure or improvement in an area other than a building site,
in violation of subsection 4.2.3.1.
The location of a structure or improvement or engaging in land disturbing activity
on slopes of twenty-five percent or greater, in violation of subsection 4.2.3.2.
4. The cutting of trees in violation of section 4.3.
The placement, allowance of, erection or maintenance of a material impediment
to visibility so as to restrict sight distance in violation of section 4.4.
Any violation of section 4.10, which regulates the height of buildings and other
structures, except as provided in subsection (B)(1).
Any violation of section 4.12, which regulates off-street parking.
9
Any violation of section 4.15, which regulates permanent and temporary signs, except as
provided in subsection (F).
9. Any violation of section 4.17, which regulates outdoor lighting.
10.
Any violation of section 5, which establishes supplementary regulations for certain uses
authorized in the several zoning districts. (Amended 2-13-02)
11.
Any violation of sections 31.2.1,31.2.2 or 31.2.3, which regulate use and occupancy when
building permits, certificates of occupancy, and zoning compliance clearances are required,
respectively. (Added 2-13-02)
12.
Any violation of section 32, which regulates site plans and development pursuant thereto.
(Amended 2-13-02)
13.
Any violation of a proffer, or a planned development application plan, special use permit,
variance, site plan, certificate of appropriateness or any condition related thereto. (Amended 2-
13-02)
Schedule of violations subject to fifty dollar ($50. 00) civil penalty for first violation. Any
violation of the following provisions of this chapter shall be subject to a civil penalty of
fifty dollars ($50.00) for the first violation, and a civil penalty of one hundred fifty dollars
($150.00) for each subsequent violation arising from the same set of operative facts:
The construction, erection or location of an accessory building in a residential district in violation
of subsection 4.10.3.4.
2. Any violation of section 4.11, which regulates uses and structures permitted in required yards.
3. The use of a major recreational vehicle in violation of subsection 4.13.1.2.
The parking of a truck with a gross vehicle weight of twelve thousand (12,000) pounds or more or
a dual-wheeled recreational vehicle in a residential district in violation of subsection 4.13.3. Each
such truck or dual-wheeled recreational vehicle parked in a residential district in violation of
subsection 4.13.3 shall constitute a separation violation.
5. Any violation of section 4.18, which regulates noise.
The failure to maintain or replace recreational equipment in violation of
subsection 4.16.3.2.
7. Any violation of section 6, which regulates nonconformities. (Amended 2-13-02)
Each day during which a violation is found to exist shall be a separate offense. However,
the same scheduled violation arising from the same operative set of facts may be
charged not more than once in a ten (10) day period, and the total civil penalties from a
series of such violations arising from the same set of operative facts shall not exceed
three thousand dollars ($3,000).
Any person summoned for a scheduled violation may elect to pay the civil penalty by
making an appearance in person or in writing by mail to the department of finance prior
to the date fixed for trial in court. A person so appearing may enter a waiver of trial,
admit liability, and pay the civil penalty established for the offense charged. A signature
to an admission of liability shall have the same force and effect as a judgment of court.
]0
However, such an admission shall not be deemed a criminal conviction for any purpose.
If a person charged with a violation does not elect to enter a waiver of trial and admit
liability, the violation shall be tried in the general district court in the same manner and
with the same right of appeal as provided by law. A finding of liability shall not be
deemed a criminal conviction for any purpose.
The designation of a particular violation in section 37.2(A) or (B) shall be in lieu of any
criminal penalty and, except for any violation resulting in injury to persons, such a
designation shall preclude the prosecution of the particular violation as a criminal
misdemeanor, but shall not preclude any other remedy available under this chapter.
The designation of a particular violation in section 37.2(A) or (B) shall not be construed to
allow the imposition of civil penalties: (i) for activities related to land development within
the meaning of Virginia Code § 10.1-603.2; or (ii) for violation of any provision of the
zoning ordinance relating to the posting of signs on public property or public rights-of-
way.
Any reference herein to a section of this chapter shall include all subsections and
paragraphs of that section.
(Ord. 00-18(5), 6-14-00; Ord. 02-18(3), 2-13-02)
State law reference - Va. Code § 15.2-2209.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Whitewood Village Apartments
SUBJECT/PROPOSAL/REQUEST:
Request for support on application for Low Income Housing
Tax Credits and designation of complex as revitalization area
STAFF CONTACT(S):
Messrs. Tucker, Ron White, Ms. Roxanne White
AGENDA DATE:
February 13, 2002
ACTION:
CONSENT AGENDA:
ACTION: X
ATTACHMENTS:
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
INFORMATION:
Yes (3)
BACKGROUND:
The 96-unit complex known as Whitewood Village Apartments is an expiring Section 8 project with the Section 8 rental
assistance expiring in September 2002. The current owners of Whitewood Village Apartments indicated over a year ago their
intention to sell the property prior to or concurrent with the expiration of the Section 8 contract. On June 7, 2000, the Albemarle
County Board of Supervisors discussed and approved the Albemarle Housing Improvement Program's (AHIP) proposal to
purchase Whitewood Village Apartments. In December 2000, AHIP entered into an option and purchase contract on the
property and closing is scheduled to occur in June 2002.
As a part of the financial package, AHIP and the Albemarle Housing Associates, L.P. (the proposed ownership entity for
Whitewood) plan to submit an application to the Virginia Housing Development Authority for Low-income Housing Tax Credits.
Current projections would provide approximately $3.5 million in tax credits to attract private equity financing for the acquisition and
rehabilitation of the apartments.
The application for tax credits require a local support letter from the CEO of the locality in which the project is located and a
Location Certification indicating the Census Tract and if the project is located in one of several specific areas (both items
attached). Project located in a specified area may receive additional points in the scoring for tax credits.
DISCUSSION:
The Low Income Housing Tax Credits (LIHTC) are highly competitive in the Commonwealth. To be successful in receipt of the
credits, an applicant must maximize use of criteria in the allocation plan to receive points. The location certification provides for a
project to be designated as a local revitalization area. A designation as a local revitalization area enhances the application and
adds twenty points to the scoring. The designation does not obligate the County to do anything other than recognize the
importance of preserving the affordable housing. Also, the designation does not place any regulations or restrictions on the
project.
The tax credit allocation plan provides no guidance on designating revitalization areas. In fact, many of the applications
submitted by nonprofit partners in developments include a designation for the project site only. This has been acceptable to
VHDA. There also is no guidance in the Code of Virginia in making such local designations.
RECOMMENDATION:
Staff recommends that the Board of Supervisors 1) support the acquisition and rehabilitation of Whitewood Village and authorize
the County Executive to sign the LOCAL SUPPORT letter; and 2) pass the RESOLUTION supporting the project and designating
the project as a revitalization area and authorize the County Executive to sign the LOCAL CERTIFICATION letter.
COUNTY OF ALBEMARLE
Office of County Executive
401 Mclntire Road
Charlottesville, Virginia 22902-4596
{804) 296-5841 FAX (804) 296-5800
February 13, 2002
TO:
Virginia Housing Development Authority
601 South Belvidere Street
Richmond, Virginia 23220
Attention: Jim Chandler
RE: LOCAL SUPPORT
Name of Development: Whitewood Village Apartments
Name of Owner/Applicant: Albemarle Housing Associates, L.P. & Albemarle
Housing Improvement Program (AHIP)
The construction or rehabilitation of Whitewood Village Apartments and the
allocation of federal housing tax credits available under IRC Section 42 for that
development will help meet the housing needs and priorities of Albemarle County.
Accordingly Albemarle County supports the allocation of federal housing tax credits
requested by Albemarle Housing Associates, L.P. and AHIP.
,~ounty Executive.
TO:
COUNTY OF ALBEMARLE
Office of County Executive
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5841 FAX (804) 296-5800
Virginia Housing Development Authority
601 South Belvidere Street
Richmond, Virginia 23220
Attention: Jim Chandler
LOCATION CERTIFICATION
Name of Development:
Name of Owner/Applicant:
Name of Seller/Current Owner:
Whitewood Village Aparanents
Albemarle Housing Associates L.P. & AHIP
Whitewood Village Associates
The above-referenced Owner/Applicant has asked this office to complete this form
letter regarding the location of the proposed Development (more fully described below). This
certification is rendered solely for the purpose of confirming the location of the Development.
It is understood that this letter will be used by the Virginia Housing Development Authority
solely for the purpose of determining whether the Development qualifies for points available
under VHDA's Qualified Allocation Plan for housing tax credits.
PROJECT DESCRIPTION: (To be provided by the Owner)
Project Address: (Should correspond -to I.A.2 on page 1 of the application)
211 Whitewood Road, Charlottesville, Virginia
Legal Description: (Should correspond to the site control document in the application)
That certain parcel of real property known among the land records of the Albemarle County, Virginia
as Parcel 28A, Lot 10, a portion of Parcel 29C, Tax Map 61.
LOCAL CERTIFICATION: (To be completed by the appropriate local official)
The above described Development is located in Census Tract
County of Albemarle
107-2 in the
LOCATION CERTIFICATION, continued
Check any of the following as appropriate:
If requesting QCT points and/or: adjustments: The above described Development is
located in a Qualified Census Tract as identified above.
If requesting Difficult Development Area points and/or adjusnnents: The above
described
Development is located in the County of
If requesting EZ points: The above described Development is located in an Enterprise
Zone designated by the Virginia Department of Housing and Community Development
for the City /
County / Town of
If requesting Housing Revitalization Zone points: The above described Development is
located in a Housing Revitalization Zone designated by the Virginia Department of
Housing and
Community Development for the City / County / Town
of
If requesting Local Revitalization area points: The above described Development is
located in a
Revitalization area designated by the County of Albemarle
Attach locally adopted documentation which identifies revitalization area(s).
Signed:
Title:
Phone:
Date:
' C~3 ty Executlv~'
( ~) 296-5841 '
February 14, 2002
RESOLUTION SUPPORTING REHABILITATION
OF AFFORDABLE HOUSING IN THE EXISTING
WHITEWOOD VILLAGE APARTMENTS
WHEREAS, Albemarle Housing Improvement Program (AHIP) has entered into a
parmership with Albemarle Housing Associates, L.P. for the purpose of acquiring and
rehabilitating the existing 96-unit residential apartment complex known as Whitewood Village
Apartments within the County of Albemarle to continue to make these units affordable to the
public; and,
WHEREAS, the Board of Supervisors of Albemarle County recognize the need to
preserve quality affordable housing units in the County and is supportive of these efforts to
rehabilitate the units; and,
WHEREAS, the Board of Supervisors desires to show its support for the proposed
rehabilitation of the affordable housing units in the Whitewood Village Apartment complex.
NOW THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle
County expresses its support for and pledges its cooperation in the efforts by AHIP and
Albemarle Housing Associates, L.P. to preserve and rehabilitate the Whitewood Village
Apartments and does hereby support their application to the Virginia Housing Development
Authority for federal tax credits in connection with the proposed rehabilitation and further does
designate the Whitewood Village Apartment complex as a revitalization area.
Adopted this 13t~ day of February 2002.
Albemarle County Board of Supervisors
By t~~_~~-~_ ) ~,~:~_~//~
Clerk
ATTEST:
David P. Bowerman
Rio
Lindsay G. Dottier, ,Jr.
ScoU~ville
Charles S. Martin
Rivanna
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(434) 296-5843 FAX (434) 296-5800
February 14, 2002
Walter E Perkins
White Ftall
Dennis S. Rooker
Jack Jouett
Sally H. Thomas
Samue~ Miller
Mr. Chris Gensic
Senior Planner
Thomas Jefferson Planning District Commission
PO Box 1505
Charlottesville, VA 22902-1505
Dear Mr. Gensic:
At its meting on February 13, 2002, the Board of Supervisors adopted the attached
resolution requesting the Commonwealth Transportation Board to support the Virginia
Department of Game and Inland Fisheries application to continue development of the Virginia
Birding and Wildlife Trail into the Central portion of the state.
Sincerely,
Ella W. Carey, Clerk
EWC
Attachment
Printed on recycled paper
TRANSPORTATION ENHANCEMENT GRANT
VIRGINIA BIRDING AND WILDLIFE TRAIL
PROJECT ENDORSEMENT RESOLUTION
WHEREAS, in accordance with Commonwealth Transportation Board
construction allocation procedures, it is necessary that a request by resolution be
received from the local government or state agency in order for the Virginia
Department of Transportation to program a transportation enhancement project
in the Thomas Jefferson Planning District (PD#10); and
WHEREAS, the proposed Virginia Birding and Wildlife Trail will encourage
tourism and appreciation of the natural environment in the Thomas Jefferson
Region;
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board
of Supervisors hereby requests the Commonwealth Transportation Board to
support the Virginia Department of Game and Inland Fisheries application to
continue development of the Virginia Birding and Wildlife Trail into the Central
portion of the state.
Adopted by the Albemarle County Board of Supervisors this 13th day of
February, 2002.
~//~ lY/~J-/~'~/o ~-(~r~y
Clerk, Board of Supervisors
Would you like more information abOut the
Virginia Birding &,Wildlife Trail?
Write:
Birding & Wildlife Trail
VA Department of Game and Inland Fisheries
PO Box 11104
4010 W. Broad St.
Richmond VA 23230-1104
Email:
BirdingTrail~d gif. state.va.us
Phone:
804-367-4335
Website:
www. dgif. state, va. us
follow link to "Wildlife"
Visit the Virginia Birding & Wildlife Trail
Enjoy the Commonwealth's
Uncommon natural beauty./
02-01-02A08:01 ROY1)
Virginia Birding
& Wildlife Trail
PROMOTING
ECOTOURISM~
COMMUNITY DEVELOPMENT
AND
QUALITY OUTDOOR
RECREATION
THROUGHOUT VIRGINIA
What natural resources does your
community possess that will attract visitors
to your region of the Virginia Birding &
Wildlife Trail?
What is the Virginia Birding & Wildlife Trail?
The Birding & Wildlife Trail is a driving trail connecting a series of
wildlife watching sites throughout Virginia. The Trail will guide
travelers along 2-4 day loop trails and provide contact information for
local communities. Travelers experience a quality outdoor
recreational opportunity, and communities benefit from this form of
ecotourism.
How do I get involved? ~
Contact information for local Chambers of Commerce and Visitors-
Convention Bureaus will be included for each loop. Contact your
local visitor support organizations and let them know that'you support
the Virginia Birding & Wildlife Trail and tell them what types of
visitor support services you are able to provide.
What types of economic benefits are associated with a
Birding Trail?
,4ccording to the North American Bird Conservation Initiative in the United States: ,4 Vision of
,4merican Bird Conservation:
$ Nature-based tourism is the fastest growing segment of the
tourism industry, with annual increase of 30% since 1987.
$ Birding is the fastest growing outdoor recreational activity.
$ In 1991, 24.7 million birders took trips away from home to pursue
birding-related activities, spending $5.2 million.
,4ccordtng to surveys from the highly successfid Great Texas Coastal Birding Trail:
$ Visitation from all 50 states and 13 foreign countries.
· $ Average travelers spent an annual $684 within the Trail region, or
$79 per day.
$ The average visitor spent 31 days on the Trail annually, and their
average trip was 7 days tong.
What is the status of Ecotourism in Virginia?
According to the 1996 National Survey of Fishing, Hunting, and
Wildlife-Associated Recreation, birdwatching increased 155%
nationwide as an outdoor pursuit. In Virginia, 1.9 million people
participated in wildlife-watching activities and spent $698 million on
their hobby in 1996.
What visitor support facilities are necessary to support
eeotourism in Virginia?
Visitor support facilities include Bed & Breakfasts, Hotels, Motels,
Restaurants, Cafes, Gas Stations, Visitor Centers, Visitors Bureaus,
and public restrooms. Facilities .should be clean and well maintained.
Facilities wishing to enhance the ecotourism experience can develop
or provide brochures and other information describing local and
regional ecotourism destinations and birding "hotspots."
How can I attract wildlife, and wildlife watchers, to my
community?
Planting a hummingbird and butterfly garden is a simple and very
attractive means of providing natural habitat and food plants for
wildlife. We recommend use of native species because they are best
suited for both the environment and the resident wildlife. Visitors are
also drawn to natural plantings where they can observe local birds and
butterflies while enjoying' the community. ~',t~
Attractive wildflower and wildlife gardens also~ create a
sense of community pride for all to enjoy.
Return to Resolution
Virginia Birding
Phase Sites
** All Sites East of Highway 29 **
GREENE
'~ FL UVANNA
,
Sites consi:dered for nomination (draft)
C i~¢ of Ch a r ottesviile !ou sa Count!/
3 ~ Rive,-vievv Park 12 ,, Tc~in o¢ Louisa Park
13-. Fown of Minera~ Park
9 ,, Sc:heoer Na';uoa~ Are8 Nelson County
! 0 ,, Hardware R;~ver WMA 1 5 - ,)ames River WMA
1~-;Heri~ag,e T;ra~i !6 ~, B~ue Ridge Raal 'Trail
Prepared by TJP DC
January, 2002
VIRGINIA BIRDING & WILDLIFE TRAIL
SITE NOMINATION FORM
The Virginia Birding & Wildlife Trail Central Piedmont Phase is the third component ofa statewide Virginia Birding and Wildlife
Trail (Birding Trail) project. The Birding Trail is intended to unify existing and potential Virginia wildlife-watching sites into a
single, cohesive marketing entity. Many of the sites along the proposed Trail are already being used by thousands of birders and
wildlife viewers annually. However, most of these locations function independently, and they are limited in their capabilities to
market their resources or gain economies of scale.
The Central Piedmont Phase will consist of a series of driving loops, utilizing existing roadways through Virginia's piedmont region,
generally east of Route 29 and west ofi-95. Our goal is to have each site be no more than a 30-60 minute drive from neighboring
sites. Each site must be open to the public and have the habitat necessary to attract.both wildlife and wildlife watchers.
The broad-scale participation of agencies, organizations, communities, service providers, private landholders and individuals is critical
to the development and implementation of the Trail. Therefore, we are soliciting the nomination of Trail sites both during public
meetings and through mail-in applications. The Department of Game and Inland Fisheries is currently accepting nominations for sites
to 'be included in the Central Phase of the Virginia.Birding & Wildlife Trail. To nominate a site, pleasefill out this form andsknd it
with the required attachments to: Virginia Dept. of Game and Inland Fisheries, Birding and Wildlife Trail, P.O. Box I1104,
Richmond, VA 23230.
Today's Date:
Site Name:
PLEASE PRINT OR TYPE
Access (Please circle all that apply):
~~ EntryFee Day use only Camping available
Special permit or permission required for entry (please describe):
Hours of Operation (please indicate any seasonal changes):
Site Owner: ~.z~,,,~,~
Site Phone: ~3c//- ?~c/_ 7~OO Site Fax:
Site Mail~g Address:
( RV Tent Wilderness )
County: .~~_,,4'2 ~.r'/C
Web address (URL)if applicable:
Specific directions from closest major highway (include distances between tums, i.e. at State Highway 1 and County Rd A, turn east
onto County Rd A., go 4.3 'miles to Park Road C, turn south (right), travel 0.3 miles to the entrance) (please attach).
In approximately 50 -200 words, please describe what makes this site attractive to birders and other wildlife watchers, when they
should come (e.g. year round, fall' migration, spring migration, winter, etc.), what they can expect to see, and any birding tips (e.g. be
sure to check the XYZ trees in the parking lot for migrating warblers in the fall). Please attach separate sheet if needed.
Contact person for site:
5"3ti '7'77-7757
E-mail
Mailing Address:
Site nominator (if different than contact person):
F~: ~ ~ /V~ E-mail:
MailMg Address: ~0 ~a~ /~O~
Nominator's association/relationship to site: ,~/O,e~ / /~/'~/~.-v,~. o~ '
Ple~e list the Chmber(s) of Co~erce, Tourist hfo~ation Center ~or Convention ~d Visitors B~eau (C~) ~at c~ provide
hfomation on yisithg ~e site ~d on places to stay, eat ~d visit h fie ~ea (enclose broch~es ~or a~ch separate sheet if
needed).
Name ~/~~ ~ -~/~ ~ ~e,~g ~r~ /~c'~dPhone
Toll Free Number T77 - Email VJ~,'~rce.Jer
Web siteU~: ~- ~ r ~ ~ ~
t
Site Evaluation Criteria: We will be usMg the followMg criteria when si es ~e beMg evaluated for Mclusion on ~e VkgMia Co~tal
BkdMg Trail. Plebe check ~e criteria ~at the site you ~e nomMatMg meets,.~d provide ~e additional Mfo~ation requested.
/
/
~Site possesses a unique, rich bkd~g resource.
~/ Site m~ifests ~e VkgMia natural experience.
~/Public has access to ~e site, or access can be axanged.
O~ership is public, or private owners are willMg to allow public access to the site.
Visitor suppoa facilities (McludMg, but not l~ited to res~ooms ~d &~Mg water) are available either on-site or
[rox~ate co--unities.
ire is with~ 30-60 mMutes (&ive t~e) of additional .potential Trail sites.
Site has local sponsors an~or.p~ers in the local communi~ to provide m~agement ~d upkeep
Sponsor's nme: '~~ ~/~. ~~ Phone:
~Tourism M~as~cmre ~ed &'Bre~asts, hotels, resmur~ts, guide semices, etc,) exis~ M ~e local communi~.
~_ Na~e to,ism is ~ Mte~al p~ of our ~ea's overall regional economic development pl~.
ATTACHMENTS:
Please attach the following documents:
/
The appropriate county map with the location of you3 site clearly marked. If a Virginia Department of Transportation map
is not available, please attach a detailed map showing the site and location.
D Any available brochures or articles about the site
Cl Additional sheets for site description, Visitor's Bureaus, etc., if necessary
PLEASE SEND THIS FORM AND ATTACHMENTS TO.'_
Virginia Dept. of Game and Inland Fisheries
Birding and Wildlife Trail
PO Box 11104
Richmond, VA 23230
For more information concerning the Virginia Birding & Wildlife Trail, contact David Whitehurst, Virginia Department of Game and
Inland Fisheries (DGIF), birdingtrail~dgif, state.va.us or 804-367-4335 or www.dgif, state.va.us (link to "wildlife").'
VIRGINIA BIRDING & WILDLIFE TRAIl,: WESTERN PHASE
SITg NOMINATION FORM
The Virginia Birding & Wildlife Trail: Western Phase is the second phase cfa statewide Virginia Birding and Wildlife Trail (Birding
Trail) project. The Birding Trail is intended to unify existing andpotential Virginia wildlife-watching sites into a single, cohesive
marketing entity. Many of the sites along the proposed Trail are already being used by thousands of birders annually, However, most
o f these locations function independently and they are limited in their capabilities to market their resources or gain economies of scale.
The Western Phase will consist cfa series of driving loops, utilizing existing roadways along Virginia's Mountain regions., generally
the 1-81 corridor and east to Hwy 29. Our goal is to have each site be no more than a 30-60 minute drive from neighboring sites.
Each site must be open to the public and have the habitat necessary to attract both wildlife and wildlife watchers.
The broad-scale participation of agencies, organizations, communities, service providers, private landholders and individuals is critical '
to the development and implementation of the Trail. Therefore, we are soliciting the nomination of Trail sites both during public
meetings and through mail-in applications. The Department of Game and Inland Fisheries is currently accepting nominations for sites
to be included in the Western Phase of the Virginia Birding & Wildlife Trail. To nominate a site, pleasefill out this form andsend it
with the required attachments to Virginia Dept. of Game and Inland Fisheries, Birding and Wildlife Trail, PO Box 11104, Rich'mond,
VA 23230 by Friday, January 12, 2001
Site Name:
PLEASE PRINT OR TYPE
Ac~l that apply):
Entry Fee
Special permit or permission required for entry (please describe):
Hours of Operation (please indicate any seasonal changes): 'D~.~o
Camping available(RV Tent Wilderness)
Site Street Address (ifdifferent from aove): ~ *r~l e~r~aS ~ efie~r~ ~{~,
Sneeific directions from closest major highway (include distances between tums, i.e. at State Highway 1 and County Rd A, turn east
onto County Rd A., Go 4.3 miles to Park Road C, mm sou~ (right), ~avel 0.3 miles to ~e en~ce).
1'Tgg
In approximately 50 -200 words, please describe what makes this site attractive to birders and other wildlife watchers, when they
should come (e.g. year round, fall migration, spring migration, winter, etc.), what they can expect to see, and any birding tips (e.g. be
sure to check the XYZ trees in the parking lot for migrating warblers in the fall). Please attach separate sheet if needed.
Contact person for s itc:
Mailing Address:
q. O0 Ia?o,., "Dr;vt
Ea,¢ 1.,45¢¢1te VA
Site nominator Of different than contact person):
Name: ~', ,. ,., ' :,), ..... ' Phone
E-mail:
Mailing Address: .
Nominator's. association/relationship.
Please'list the Chamber(s) of Coamerc ,~ourist InfOrmation Center and/or conva, ,h and Visitors Bureau (CVB) that can provide
information on visiting the site and on places to stay, eat and visit in the~a (enclose brochures and/or attach separate sheet if
needed). .
Mailing Address ~[~4'.
Toll Free Number Email
Web site URL:
Site Evaluation Criteria: We will be using the following criteria when sites are being evaluated for inclusion on the Virginia Coastal
Birding Trail. Please check the criteria that the site you are nominating meets, and provide the additional information requested.
~ff'"~ Site possesses a unique, rich birding resource.
Off Site manifests the Virginia natural experience.
__Public has access to the site, or access can be arranged.
Ownership is public, or private owners are willing to allow public access to the site.
~ Visitor support facilities (including, but not limited to restrooms and drinking ware0 are available either on-site or in the
proximate communities.
~,~ Site is within 30450 minutes (drive time) of additional potential Trail sites.
Site has local sponsors and/or partners in the local community to provide management and upkeep
Sponsor'sname:[~',~/&~¢'~ {Y'~l~.{5 g[4#'l~g{.~iO'¥~. Phone:
~ Tourism infrastructure (bed 84 breakfasts, hotels, restaurants, guide services, etc.) exists in the local community.
~ Nature tourism is an integral part of our area's overall regional economic development plan.
ATrACHMENTS: ~
Please attach the following documents: ~'
~ Ttie appropriate county map with the location of your site clearly marked. Ifa Vkginia Department of Transportation map
is not available, please attach a detailed map showing the site and location.
~1~ Any available brochures or articles about the site
Cl Additional sheets for site description, Visitor's Bureaus, etc., if necessary
PLEASE SEND THIS FORM AND ATTACHMENTS TO:
Virginia Dept. of Game and Inland Fisheries
Birding and Wildlife Trail
PO Box 11104
Richmond, VA 23230
DE~ID/LINE: Friday, January 12, 2001
For more information concerning the Virginia Birding & Wildlife Trail, contact David Whitehurst, Virginia Department of Game and
Inland Fisher/es (DGIF), birdingtrail~dgif, state.va.us or (804) 3674335 or www.dgif, state.va.us (link to '5vildlife").
V RGINIA BINDING & WtLDLneE TRAIL
SITE NOMINATION FORM
The Virginia Birding & Wildlife Trail Central Piedmont Phase is the third component ofa statewide Virginia Birding and Wildlife
Trail (Birding Trail) project. The Birding Trail is intended to unify existing and potential Virginia wildlife-watching sites into a
single, cohesive marketing entity. Many of the sites along the proposed Trail are already being used by thousands of birders and
wildlife viewers annually. However. most of these locations function independently, and they are limited in their capabilities to
market their resources or gain economies of scale.
The Central Piedmont Phase will consist of a series of driving loops, utilizing existing roadways through Virginia's piedmont region,
generally east of Route 29 and west ofi-95. Our goal is to have each site be no more than a 30-60 minute drive fi:om neighboring
sites. Each site must be open to the public and have the habitat necessary to attract both wildlife and wildlife watchers.
The broad-scale participation of agencies, organizations, communities, service providers, private landholders and individuals is critical
to the development and implementation of the Trail. Therefore, we are soliciting the nomination of Trail sites both during public
meetings and through mail-in applications. The Department of Game and Inland Fisheries is currently accepting nominations for sites
to be included in the Central Phase of the Virginia Birding & Wildlife Trail. To nominate a site, please fill out this form andsend-it
with the required attachments to: Virginia Dept. of Game and Inland Fisheries, Birding and Wildlife Trail, P.O. Box 11104,
Richmond, VA 23230.
PLEASE PRINT OR TYPE
Today's Date: ~,v-y /,.~ ~,~,,~ Site Name: ~--O ~/'~?'-
Access (Please c~le all t~t a~ly):
~e~ En~F~ ~ Camp~gav~lable (RV T.t WiId~ess )
Sp~l pe~t or p~ssi~ ~u~ed for ~ ~lease describe):
Hoursof~mfi~ ~le~e~dica~ys~malch~ges): 7:~ ~ -
Site S~eet Ad.ess (ffdiff~mt ~om above): ~'~
~peeffie ~ections from closest major highway (~clude dismnces ~twem tins, i.e. at State ~way I ~d Co~ty Rd A, tm east
onto Co~ Rd A., go 4.3 ~les to P~k Road C, t~ south (right), ravel 0.3 ~les to ~e ~ce) (plm~ a~ch).
~ approx~ately 50 -200 w~ds, please des~be what m~es ~s site a~acfive m bkde~ ~d oth~ wild~fe watchers, when ~ey
should come (e.g. ye~ ro~d, fa~ mi~ation, sp~g ~tion, ~t~, etc.), what ~ey can expect to see, ~d ~y bkd~g tips (e.g.
s~e m ch~k the ~Z ~s ~ ~e p~g lot for ~g w~bl~ ~ ~e fall). Please a~ch s~mte sh~t ifneed~.
Contact person for site:
Mailing Address:
~:~: mmator (if d~erent than contact person):
/ ame:
Fa :
Mailing Address:
E-maih
Nominator's association/relationship to site: /~v~..,~ ,-, ..-~ /
Please list the Chamber(s) of Commerce, Tourist Information Center and/or Convention and Visitors Bureau (CVB) that can provide
information on visiting the site and on places to stay, eat and visit in the area (enclose brochures and/or attach separate sheet if
needed).
//~3'id~ /~,f~ ~ Phone:
z/ 3, 5/-
Toil Free Number:
Email:
Site Evaluation Criteria: We will be using the following criteria when sl~s are being evaluated for inclusion on the Virginia Coastal
Birding Trail. Please check the criteria that the site you are nominating meets, and provide the additional information requested.
Site possesses a unique, rich birding resource.
/site manifests the Virginia natural experience.
Public has access to the site, or access can be arranged.
Ownership is public, or private owners are wilLing to allow public access to the site.
Visitor support facilities (including, but not limited to restrooms and drinking water} are available either on-site or in the
Zproximate communities.
Site is within 30-60 minutes (drive time) of additional potential Trail sites.
Site has local sponsors and/or parmers in the local community to provide management and upkeep
Sponsor's name: Phone:
/
gl~NaOurism in~astructure Coed & breakfasts, hotels, restaurants, guide services, etc.) exists in the local community.
ture tourism is an integral part of our area's overall regional economic development plan.
ATTACHMENTS:
Please attach the following documents:
Cl The appropriate county map with the location of your site clearly marked. If a Virginia Department of Transportation map
dis not available, please attach a detailed map showing the site and location.
Any available brochures or articles about the site
rn Additional sheets for site description, Visitor's Bureaus, etc., if necessary
PLEASE SEND Tills FORM AND ATTACHMENTS TO:
Virginia Dept. of Game and Inland Fisheries
Virginia Birding and Wildlife Trail
PO Box lll04
Richmond, VA 23230
For more information concerning the Virginia Birding & Wildlife Trail, contact David Whitehurst, Virginia Department of Game and
Inland Fisheries (DGIF), birdingtmil~dgif, state.va, us or 804-367-4335 or www.dgif, state.va.us (link to "wildlife").
VIRGINIA BIRDING & WILDLIFE TRAIL
SITE NOMINATION FORM
The Virginia Birding & Wildlife Trail Central Piedmont Phase is the third component of a statewide Virginia Birding and Wildlife
Trail (Birding Trail) project. The Birding Trail is intended to unify existing and potential Virginia wildlife-watching sites into a
single, cohesive marketing entity. Many of the sites along the proposed Trail are akeady being used by thousands 0fbirders and
wildlife viewers annually. However, most of these locations function independently, and they are limited in their capabilities to
market their resources or gain economies of scale.
The Central Piedmont Phase will consist of a series of driving loops, utilizing existing roadways through Virginia's piedmont region,
generally east of Route 29 and west of 1-95. Our goal'is to have each site be no more than a 30-60 minute drive from neighboring
sites. Each site must be open to the public and have the habitat necessary to attract both wildlife and wildlife watchers.
The broad-scale participation of agencies, organizations, communities, service providers, private landholders and individuals is critiqal
to the development and implementation of the Trail. Therefore, we are soliciting the nomination of Trail sites both during public
meetings and through mail-in applications. The Department of Game and Inland Fisheries is currently accepting nominati~hs for sitek
to be included in the Central Phase of the Virginia Birding & Wildlife Trail. To nominate a site, pleasefilt out they form andsend it
with the required attachments to: Virginia Dept. of Game and Inland Fisheriav, Birding and Wildlife Trail, P.O. Box 11104,
Richmond, VA 23230.
Today's Date:
PLEASE PRINT OR TYPE
Site Name: b~F~, ~_~~
Access (Please circle all that apply):
Fr~the pu~c Entry Fee
Special permit or permission required ifur entry (please describe):
Hours of Operation (please indicate any seasonal changes): ~ 7
Site Phone: ~/,~c/~ ~_ ~'~' ~-~/z~ Site Fax:
Camping available ( RV Tent Wildemess )
Site E-mail:
Site Street Address (if different from above):
Web address (URL) if applicablei 6dr, k/bO,
SpeCific directions from closest major highway (include distances between tums, i.e. at State Highway 1 and County Rd A, turn east
onto County Rd A., go 4'.3 miles to Park Road C, turn south (fight), travel 0.3 miles to the entrance) (please attach).
ha approximately 50 -200 words, please describe what makes this site attractive to birders and other wildlife watchers, when they
should come (e.g. year round, fall migration, spring migration, winter, etc.), what they can expect to see, and any birding tips (e.g. be
sure to check the XYZ trees in the parking lot for migrating warblers in the fall). Please attach separate sheet ifnecded.
Contact person for site:
Name:
inator (if different than contact person):
Mailing Address:
Nominator's association/relationship to site: /~_~Sq,~ ,,~/ f//~ ~9 ~r~
Please list the Chamher(s) of Commerce, Tourist Information Center and/or Convention and Visitors Bureau (CVB) that can provide
information on visiting the site and on places to stay, eat and visit in the area (enclose brochures and/or attach separate sheet if
needed).
^ad. ss:
Toll Free Number:
Phone: 7/o2 / 7 2-g
Site Evaluation Criteria: We will be usingihe following criteria when sites are being evaluated for inclusion on the Virginia Coastal
Birding Trail. Please check the criteria that the site you are nominating meets, and provide the additional information requested.
Cl Site possesses a unique, rich birding resource.
Site manifests the Virginia natural experience.
Public has access to the site, or access can be arranged.
Ownership is public, or private owners are willing to allow public access to the site.
· .a Visitor support facilities (including, but not limited to restrooms and drinking water) are available either on-site or in the
dproximate communities.
Site is within 30-60 minutes (drive time) of additional potential Trail sites.
[] Site has local sponsors and/or partners in the local community to provide management and upkeep
Sponsor' s name: Phone:
/
/~/Tourism infrastructure (bed & breakfasts, hotels, restaurants, guide services, exists
gtc,)
the
local
community.
Nature tourism is an integral part of our area's overall regional economic development plan.
ATTACHMENTS:
Please attach the following documents:
The appropriate county map with the location of your site clearly marked. Ifa Virginia Department
of Transportation
map
is not available, please attach a detailed map showing the site and location.
Any available brochures or articles about the site
Cl Additional sheets for site description, Visitor's Bureaus, etc., if necessary
PLEASE SEND THIS FORM AND ATTACHMENTS TO:
Virginia Dept. of Game and Inland Fisheries
Virginia Birding and Wildlife Trail
PO Box 11104
Richmond, VA 23230
For more information concerning the Virginia Birding & Wildlife Trail, contact David Whitehurst, Virginia Department of Game and
Inland Fisheries (DGIF), birdingtmil~dgif, state.va.us or 804-367-4335 or www.dgif, state.va.us (link to "wildlife").
VIRGINIA BIRDING & WILDLIFE TRAn,
SITE NOMINATION FORM
The Virginia Birding & Wildlife Trail Central Piedmont Phase is the third component of a statewide Virginia Birding and Wildlife
Trail (Birding Trail) project, The Birding Trail is intended to unify existing and potential Virginia wildlife-watching sit~s into a
single, cohesive marketing entity. Many of the sites along the proposed Trail are akcady being usual by thousands of birders and
wildlife viewers annually. However, most of these locations function independently, and they are limited in their capabilities to
market their resources or gain economies of scale.
The Central Piedmont Phase will consist of a series of driving loops~ utilizing existing roadways through Virginia's piedmont reg/on~
generally east of Route 29 and west of 1-95. Our goal is to have each site be no more than a 30-60 minute drive from neighboring
sites. Each site must be open lo the public and have the habitat necessary to attract both wildlife and wildlife watchers.
The broad-scaie pa.~cipation of agencies, organizations, communities, service providers, private landholders and individuals is critical
to the development, and implementation of the Trail, Therefore~ we are soliciting the nomination of Trail sites both during public
meetings and through mail-in applications. The Department of Game and Inland Fisheries is cur[. ently accepting nominations for sites
to be included in the Central Phase of the Virgim'a Birding & Wildlife Trail. To nominate a site, pleasefill out this form andsend it
with the required attachments to: Virginia Dept. of Game and Inland Fisheries, Birding and Wildlife Trail, P.O. Box 11104,
Richmond, E4 23230.
PLEASE PRhNT OR TYPE
Access (Please circle all that apply):
Special permit or permission requked for entry (please describe):
HoursofOperation(pleaseindicateanyseasonalc~ang~):'?,~/1/1 - ~.r ~, A ][
site Phone: ~/2 ~6' ~8 Z/~r/ Site Fax:~C/ ~ q.~. O,,~ ¢ ¢ Site E-mail:
SiteStreetAddress(ifdifferentfromabove): /~oc~ o~0 /~OrlA /~r?~ /~4.~5
Specific directions from closest major highway (include distances between tums, i.e. at State Highway 1 and Coanty ~[d A, turn east
onto County Rd A,~ go 4,3 m~les to Park Road C, tm south (fight), travel 0,3 miles to the entrance) (please attachU
In approximately 50 -200 words, please describe what makes this site attractive to birders and other wildlife watchers, when they
should come (e.g. year rotmd, fall migration, spring migration,.winter, etc.), what they can expect to see, and any birding tips (e.g. be
sure to check the XYZ trees in the parking lot for migrating warblers in the fall). Please attach separate sheet if needed.
Contact person for site:
Name: ~,~7
v~.~: z/gw ~q3
~ator (if different than contact person):
Name:. ~--~-/~ (~r~ ~ ~/C
Nominator's association/relationship to site:
Please list the Chamber(s) of Commerce, Tourist Information Center and/or Convention and Visitors Bureau (CVB) that can provide
information on visiting the site and on places to stay, eat and visit in the area (enclose brochures and/or attach separate sheet if
needed).
/
Toll Free Number: 37,7- 3~' 1]0~ Email: I//~.'/,~r~44,r ~.~
Web site URL: 0o~r,'~ r~.. 0 ¢3
Site Evaluation Criteria: We will be using the following criteria when' sites are being evaluated for inclusion on the Virginia Coastal
Birding Trail. Please. check the criteria that the site you are nominating meets, and provide the additional information, requested.
[~ Site possesses a unique, rich birding resource.
[] I Site manifests the Virginia natural experience,
-~, Public has access to the site, or access can be arranged.
Ownership is public, or private owners are willing to allow public access to the site.
Visitor support facilities (including, but not limited to restrooms and drinking water) are available either on-site or in the
iff/proximate communities.
Site is within 30-60 minutes (drive time) of additional potential Trail sites.
cl Site has local sponsors and/or partners in the local community to provide management and upkeep
7:Ntponsor's name: .Phone.'.
urism infrastructure (bed & breakfasts, howls, restaurants, guide services, etc.) exists in the local community,
ure tourism is an integral part of our area s overall regional economic development plan.
ATTACHMENTS:
Please a~ach the following documents:
/
~ The appropriate enunty map with the location.of your site clearly marked, If a Virgin/a Department. of Transportation map
is not available, please attach a detailed map showing the site and location.
~(Any available brochures or articles about the site
[] Additional sheets for site description, Visitor's Bureaus, etc., ifnecessar3,
PLEASE SEND THIS FORM AND ATrACHMENTS TO:
Virginia Dept. of Game and Inland Fisheries
'Virginia Birding and Wildlife Trail
PO Box 11104
Richmond, VA 23230
For more information concerning the Virginia Birding & Wildlife Trail, contact David Whitehurst, Virginia Department of Game and
Inland Fisheries (DGIF), birdingtmil~dgif, state, va.us or 804-367-4335 or www.dgif, statc.va:us Oink to "wildlife").
VIRGINIA BIRDING & WILDLIFE TRAIl,
SITE NOMINATION FORM
The Virginia Birding & Wildlife Trail Central Piedmont Phase is the third component of a statewide Virginia Birding and Wildlife
Trail (Birding Trail) project. The Birding Trail is intended to unify existing and potential Virginia wildlife-watching sites into a
single, cohesive marketing entky. Many of the sites along the proposed Trail are already being used by thousands of birders and
wildlife viewers annually. However, most ofthese locations function independently, and they are limited in their capabilities to
market their resources or gain economies of scale.
The Central Piedmont Phase will consist ora series of driving loops, utilizing existing roadways through Virginia's piedmont region,
generally east of Route 29 and west ofi-95. Our goal is to have each site be no more than a 30-60 minute drive from neighboring
sites. Each site must be open to the public and have the habitat necessary to attract both wildlife and wildlife watchers.
The broad-scale participation of agencies, organizations, communities, service providers, private landholders and individuals is critical
to the development and implementation of the Trail. Therefore, we are soliciting the nomination of Trail sites both during public
meetings and through mail-in applications. The Department of Game and Inland Fisheries is currently accepting nominations for sites
to be included in the Central Phase of the Virginia Birding & Wildlife Trail. To nominate a site, pteasefill out thZvform and,vend it
with the required attachments to: Virginia Dept. of Game and Inland F£vheri~v, Birding and Wildlife Trail~ P.O. Box 11104,
Richmond, VA 23230.
Today's Date:
PLEASE PRINT OR TYPE
( RV
Site E-mail:
Tent Wilderness ) [tt0ac,'h V
Access (Please circle all that apply):
' ' ~nly~
Free to the public ~ . Camping available
Special permit or permission required for entry (please describe):
Hours of Operation (please indicate any seasonal changes):
Site Mailing Address:
Contact person for site:
Name: DEl^ //L~Ct IA o ~ Phone
Mail~g Address: q(V/ ~C ~ ~fe ~ ~
Site Street Address <if different from above): ~ I C 3 [ /~/J Z~ = ~ ~ [~ [~ ~ d
Specific directions from closest major highway (include distances between tums, i.e. at State Highway 1 and County Rd A, turn east
omo County Rd A., go 4.3 miles to Park Road C, turn south (fight), travel 0.3 miles to the entrance) (please attach)~r
In approximately 50 -200 words, please describe what makes this site attractive to birders and other wildlife watchers, when they
should come (e.g. year round, fall migration, spring migration, winter, etc.), what they can expect to see, and any birding tips (e.g. be
sure to check the XYZ lzees in the parking lot for migrating warblers in the fall). Please attach separate sheet if needed.
~ nominator ~'~X/~/3 ~ 5/C
e: (if ~erent ~an contact
person):
F~: ~ ~ 7~ / ~ 7 E-mail:
Phone: 5'39' ¢7¢ 7, 1o
Please list the Chamber(s) of Commerce, Tourist Information Center and/or Convention and Visitors Bureau (CVB) that can provide
information on visiting the site and on places to stay, eat and visit in the area (enclose brochures and/or attach separate sheet if
needed).
Mailing Address: /20 /~OX 1'2~ C~.a,r~ ~m5¥,//6 VA
Site Evaluation C 'teria: We will be using the following criteria wXhe~n sites are being evaluated for inclusion on the Virginia Coastal
Birding Trail. Please check the criteria that the site you are nominating meets, and provide the additional information requested.
r~ Site possesses a unique, rich birding resource.
Site .manifests the Virginia natural experience.
Public has access to the site, or access can be arranged.
~¢~//Ownership is public, or private owners are willing to allow public access to the site.
~' Visitor support facilities (including, but not limited to restrooms and drinking water) are available either on-site or in the
proximate communities.
Site is within 30-60 minutes (drive time) of additional potential Trail sites.
E! Site has local sponsors and/or partners in the local community to provide management and upkeep
Sponsor's name: Phone:
~Tourism infrastructure (bed & breakfasts, hotels, restaurants uide services ....
, g , ere.) exists in the local community.
uNature tourism is an integral part of our area s overall regional economic development plan.
ATTACHMENTS:
Please attach the following documents:
£
'~ The appropriate county map with the location of your site clearly marked. Ifa Virginia Department of Transportation map
dis not available, please attach a detailed map showing the site and location.
Any available brochures or articles about the site
El Additional sheets for site description, Visitor's Bureaus, etc., if necessary
PLEASE SEND 'I'HIS FORM AND ATTACHMENTS TO:
Virginia Dept. of Game and Inland Fisheries
Virginia Birding and Wildlife Trail
PO Box 11104
Richmond, VA 23230
For more information concerning the Virginia Birding & Wildlife Trail, contact David Whitehurst, Virginia Department of Game and
Inland Fisheries (DGIF), birdingtrailQ)dgif, state, va. us or 804-367-4335 or www.dgif, state.va.us (link to "wildlife").
SITE NOMINATION FORM .
The Virginia Birding & Wildlife Trail Central Piedmont Phase is the third component ofa statewide Virginia Birding and Wildlife
Trail (Birding Trail) project. The Birding Trail is intended to unify existing and potential Virginia wildlife-watching sites into a
singIe, cohesive marketing entity. Many of the sites along the proposed Trail are already being used by thousands of birders and
wildlife viewers annually. However, most of these locations function independently, and they are limited in their capabilities to
market their resources or gain economies of scale.
The Central Piedmont Phase will consist of a series of driving loops, utilizing existing roadways through Virginia's piedmont region,
generally east of Route 29 and west ofi-95. Our goal is to have each site be no more than a 30-60 minute drive from neighboring
sites. Each site must be open to the public and have the habitat necessary to attract both wildlife and wildlife watchers.
The broad-scale participation of agencies, organizations, communities, service providers, private landholders and individuaIs is critical
to the development and implementation of the Trail. Therefore, we are soliciting the nomination of Trail sites both during public
meetings and through mail-in applications. The Department of Game and Inland Fisheries is currently accepting nominations for sites
to be included in the Central Phase of the Virginia Birding & Wildlife Trail. To nominate a site, pleasefill out this form andsend it
with the required attachments to: Virginia Dept. of Game and Inland Fisheries, Birding and l~ildlife Trail, P.O. Box I1104,
Richmond, VA 23230.
Today's Date:
Access (Please c~_. cie all that apply).:
CFree to the ,ul--~''-
· - ..... public~) Entry Fee Day use only
Special permit or permission required for entry (please describe):
Hours of Operation (please indicate any seasonal changes):
Site Owner: /~~ ~A C /6 ~
Site Phone:_ ~/flr/ ~q~ ~_{ Site Fax:.q3q ~gq~tg~q
Site Mailing Address: ("~// /~'/¢ ~~
Camping available ( RV Tent Wilderness ) ~a.4 /
Site Street Address (if different from above):
Web ad'dress (URL) if applicable:
.Specific
directions
from
closest
major
highway
distances
between turns, i.e. at State Highway 1 and County Rd A, turn east
onto County Rd A., go 4.3 miles to Park Road C, turn south (right), travel 0.3 miles to the entrance) (please attach).
In approximately 50 -200 words, please describe what makes this site attractive to birders and other wildlife watchers, when they
should come (e.g. year round, fall migration, spr/ng migration, winter, etc.), what they can expect to see, and any birding tips (e.g. be
sure to check the XYZ trees in the parking lot for migrating warblers in the fall). Please attach separate sheet if needed.
Contact person for site:
PLEASE PRINT OR TYPE
Site E-mail
_County: ./~ /~ e,~ ~a f- //~ --
Site nominator (if different than contact person):
Name:
Mailing Address:
E-mail:
Nominator's associationJrelationship to site:-
Please list the Chamber(s) of Commerce, Tourist Information Center and/or Convention and Visitors Bureau (CVB) that can provide
information on visiting the site and on places to stay, eat and visit in the area (enclose brochures md/or attach separate sheet if
needed). '
Web site URL: ~
Site Evaluation Criteria: We will be using the following criteria when sites are being evaluated for inclusion on the Virginia Coastal
Birding Trail. Please check the criteria that the site you are nominating meets, and provide the additional information requested.
D Site possesses a unique, rich birding resource.
rq Site manifests the Virginia natural experience.
Public has access to the site, or access can be arranged.
[] ........ uu
~Jwnersm 15 uun,,, ,,~ v ' ' '
D/ P P. ........... :-- ~- .... * limited to restrooms and drinking water) are available either on-site or in the
~2' Visitor support racmues ~mmuum~,
cl .'proximate communities.
Site is within 30-60 minutes (drive time) of additional potential Trail sites.
Site has local sponsors and/or partners in the local community to provide management and upkeep
Phone:
Sponsor's name:
d/Tourism infrastructure .(bed & breakfasts, hotels, restaurants, guide services, etc.) exists in the local community.
12" _Nature tourism is an integral part of our area's overall regional economic development plan.
ATTACHMENTS:
Please attach the following documents:
UThe appropriate county map with the location of your Site clearly marked. If a Virginia Department of Transportation map
is not available, please attach a detailed map showing the site and location.
[] Any available brochures or articles about the site
Cl Additional sheets for site description, Visitor's Bureaus, etc., if necessary
PLEASE SEND THIS FORM AND ATTACHMENTS TO:
Virgifiia Dept. df Game and Inland Fisheries
Birding and Wildlife Trail
PO Box 11104
Richmond, VA 23230
For more information concerning the Virginia Bkding & Wildlife Trail, contact David Whitehurst, Virginia Department of Game and
Inland Fisheries (DGIF), birdingtrail~dgif, state.va-us or 804-367-4335 or www.dgif, state.va.us (link to "wildlife").'
~. ~ BIRDING & WILDLIFE TRAIL
SITE NOMINATION FORM
The Virginia Birding & Wildlife Trail Central Piedmont Phase is the third component ora statewide Virginia Birding and Wildlife
Trail (Birding Trail) project. The Birding Trail is intended to unify existing and potential Virginia wildlife-watching sites into a
single, cohesive marketing entity. Many of the sites along the proposed Trail are already being used by thousands of birders and
wildlife viewers annually. However, most of these locations function independently~ and they are limited in their capabilities to
market their resources or gain economies of scale.
The Central Piedmont Phase will consist ora series of driving loops, utilizing existing roadways through Virginia's piedmont region,
generally east of Route 29 and west ofi-95. Our goal is to have each site be no more than a 30-60 minute drive from neighbor ng
sites. Each site must be open to the public and have the habitat necessary to attract both wildlife and wildlife watchers.
The broad-scale participation of agencies, organizations, communities, service providers, private landholders and individuals i.~ critical
to the development and implementation of the Trail. Therefore, we are soliciting the nomination of Trail sites both during publ ,c
meetings and through mail-in applications. The Department of Game and Inland Fisheries is currently accepting nominations f¢ r sites
to be included in the Central Phase of the-Virginia Birding & Wildlife Trail. To nominate a site, plea. refill out this form andse
Richmond,with the requiredvA 23230.attachments to: Virginia Dept. of Game and Inland Fisheries, Birding and Wildlife Trail, P.O. Box 11104, sd it
PLEASE PRINT OR TYPE
Today's Date: (~,o /5, NG~_9~
Site Name: ~
Access ~lease ckcle all that apply):
~ree to the p~ En~ Fee Day use only Camp~g available (
Special pe~it or pe~issioa required for en~ ~le~e describe):
Hours of Operation ~le~e ~dicate any seasonal ch~ges):
Site Owher:
RV Tent Wilderness )
Site Phone:
Site Mailing Address:
Site Fax:
Site E-mail
Site Street Address (if different from above):
Web ad-dress (URL) if applicable:
Name:
._.County:_
_Specific directions from closest major highway (include distances between turns, i.e. at State Highway 1 and County Rd A, turn east
onto County Rd A., go 4.3 miles to Park Road C, turn south (right), travel 0.3 miles to the entrance) (please attach).
In approximately 50 -200 words, please describe what makes this site attractive to birders and other wildlife watchers, when they
should come (e.g. year round, fall migration, spring migration, wint.er, etc.), what they can expect to see, and any birding tips (e.g. be
sure to check the XYZ trees in the parking lot for migrating warblers in the fall). Please attach separate sheet if needed.
Contact person for site:
Ph°ne Y ~0'"- ~-~7-<~. ~'
Fax:
~ite nominator (if different than contact person):
~ax: q3 ~'
Mailing Address:
7'-D- D C rhone 4"YV ?7? ?.y/o
E-mail:
Nominator's association/relationship to site:_ //~~ /'~'~"q~¢/'~ --
Please list the Chamber(s) of Commerce, Tourist Information Center and/or Convention and Visitorg Bureau (CVB) that can provide
information on visiting the site and on places to stay, eat and visit in the area (enclose brochures and/or attach separate sheet if
needed). ~'
Mailing Address_ pO &ex /7~ ~/,,r~~ ~qO~
q 77 - /
Web site URL: IA/WA/, C. ~ c~r. ' ' ~'
tal. · . ' : will be u~mg criteria w'~een sites are being evaluated for inclusion on the Virginia Coas
Site Evaluation Criteria We . ~, _ . · ._ ,~ ,,~, 'a ditional information requested.
Birding Trail. Please check the criteria that the s~te you are nominating meets, an,, vL,,vt~e the ad
n Site possesses a unique, rich birding resource.
El Site manifests the Virginia natural experience.
Ct~//Public has access to the site, or access can be arranged.
Ownership is public, or private owners are willing to allow public access to the site.
~ ..Visitor support facilities (including, but not limited to restrooms and drinking water) are available either on-site or in the
~{,/proximate communities.
Site is within 30-60 minutes (drive time) of additional potential Trail sites.
Site has local sponsors and/or partners in the local community to provide management and upkeep
Phone:
Sponsor's name:
~ff//Tourism infrastructure Coed & breakfasts, hotels, restaurants, guide services, etc.) exists in the local community. _Nature tourism is an integral part of our area's overall regional economic development plan.
ATTACHMENTS:
Please attach the following documents:
/
The appropriate county map with the location of your site clearly marked. If a Virginia Department of Transportation map
is not available, please attach a detailed map showing the site and location.
Cl Any available brochures or articles about the site
tn Additional sheets for site description, Visitor's Bureaus, etc., if necessary
IPLEASESEND THIS FORM AND ATrACHMENTS TO:
Virginia Dept. of Game and Inland Fisheries
Birding and Wildlife Trail
PO BOX 11104
Richmond, VA 23230
For more information concerning the Virginia Birding & Wildlife Trail, contact David Whitehurst, Virginia Department of Game and
Inland Fisheries (DGIF), birdingtrail~dgif, state.va.us or 804-367-4335 or www.dgif, state.va.us (link to "wildlife").'
SITE NOMINATION FORM
The Virginia Birding & Wildlife Trail Central Piedmont.Phase is the third component of a statewide Virginia Birding and Wildlife
Trail (Birding Trail) project. The Birding Trail is intended to unify existing and potential Virginia wildlife-watching sites into a
single, cohesive marketing entity. Many of the sites along the proposed Trail are already being used by thousands of birders and
wildlife viewers annually. However, most of these locations function independently, andthey are limited in their capabilities to
market their resources or gain economies of scale.
The Central Piedmont Phase will comist of a series of driving loops, utili:6ng existing roadways through Virginia's piedmont region,
generally east of Route 29 and west ofi-95. Our goal is to have each site be no more than a 30-60 minute drive from neighboring
sims. Each site must be open to the public and have the habitat necessary to attract both wildlife and wildlife watchers.
The broad-scale participation of agencies, organizations, communities, service providers, private landholders and individuals is critical
to the development and implementation of the Trail. Therefore, we are soliciting the nomination of Trail sites both during public
meetings and through mail-in applications. The Department of Game and Inland Fisheries is currently accepting nominations for sites
to be included in the Central Phase of the Virginia Birding & Wildlife Trail. Tonominate a site, plea~efill out th~form and send it
with the required attachments to: Virginia Dept. of Game and Inland FL, heries, Birding and Wildlife Trail, P.O. Box 11104;
RichmOnd, VA 23230.
PLEASE PRINT OR TYPE
Today's Date: ~J~ J 5/200Z Site Name: /L/0 [,o~, Cc-/j' ~v,//
Access (Please circle all that apply):
Free to the public Entry Fee Day use only Camping available ( RV Tent Wilderness )
Special permit or permission required for entry (please describe):
Hours of Operation (please indicate any seasonal changes):
Site Owner:
Site Phone:
Site Mailing Address:
Site Fax: Site E-mall:
County:
Site Street Address (if different from above):.
Web address (URL) if applicable:
Specific directions from closest major highway (include distances between tums, i.e. at State Highway 1 and County Rd A, turn east
onto County Rd A., go 4.3 miles to Park Road C, turn south (right), travel 0.3 miles to the entrance) (please attach).
In approximately 50 -200 words, please describe what makes this site attractive to birders and other wildlife watchers, when they
should come (e.g. year round, fall migration, spring migration, winter, etc.), what they can expect to see, and any birding tips (e.g. be
sure to check the XYZ trees in the parking lot for migrating warblers in the fall). Please attach separate sheet if needed.
Conta~ person for site:
Name: Phone
Fax: E-mail:
Mailing Address:
Mailing Address: .,/~--] ,/~OX /t,~O,~ J/ ' )~
Please list the Chamber(s) of Commerce, ToUrist Information Center and/or Convention and Visitors Bureau (CVB) that can provide
information on visiting the site and on places to stay, eat and visit in the area (enclose brochures and/or attach separate sheet if
needed).
Toll Free Number: ~" 77 - 3~>~ ~ //O,~ Email:
Site Evaluation Criteria: We will be using the following criteria when~sites are being evaluated for inclusion on the Virginia Coastal
Birding Trail. Please check the criteria that the site you are nominating meets, and provide the additional information requested.
Site possesses a unique, rich birding resource.
Site manifests the Virginia natural experience.
Public has access m the site, or access can be arranged.
Ownership is public, or private owners are willing to allow public access_to the site.
Visitor support facilities (including, but not limited to restrooms and drinking water) are available either on-site or in the
proximate communities.
Site is within 30-60 minutes (drive time) of additional potential Trail sites.
Site has local sponsors and/or partners in the local community to provide management and upkeep
Sponsor's name: Phone:
Tourism infrastructure (bed & breakfasts, hotels, restaurants, guide services, etc.) exists in the local community.
Nature tourism is an integral part of our area's overall regional economic development plan.
ATTACEIMENTS:
Please a~J~ach the following documents:
d The appropriate county map with the location of your site clearly marked. Ifa Virginia Department of Transportation map
is not available, please attach a detailed map showing the site and location.
Cl Any available brochures or articles about the site
Cl Additional sheets for site description, Visitor's Bureaus, etc., if necessary
]}LEASE SEND THIS FORM AND ATTACHMENTS TO:
Virginia Dept. of Game and Inland Fisheries
Virginia Birding and Wildlife Trail
POBox 11104
Richmond, VA 23230
For more information concerning the Virginia Birding & Wildlife Trail, contact David Whitehurst, Virginia Department of Game and
Inland Fisheries (DGIF), birdingtmil~dgif, state.va.us or 804-367-4335 or www.dgif, state.va.us (link to "wildlife").
David P. Bowerman
Rio
Lindsay G. Dorrier, Jr.
Scottsville
Charles S. Martin
Rivanna
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(434) 296-5843 FAX (434) 296-5800
February 14, 2002
Walter F. Perkins
White Hall
Dennis S. Rooker
Jack Joueit
Sally H. Thomas
Samuel Miller
Mr. Howard W. Dobbins
1021 East Cary Street
PO Box 1320
Richmond, VA 23218-1320
Dear Mr. Dobbins
At its meting on February 13, 2002, the Board of Supervisors adopted the attached
resolution authorizing execution of the extension of the contract for electrical service with
Appalachian Power Company.
~VC
Sincerely,
Al~achment
Printed on recycled paper
Resolution Authorizing Electric Service Contract Extension
WHEREAS, the VML/VACo-Appalachian Power Company (APCo) Steering
Committee (the "Committee"), comprised of representatives of local governments and political
subdivisions, has for many years negotiated on behalf of such governmental units within the
service area of APCo the terms of standard contract forms which have included rates for the
purchase of electricity supply and delivery service and for the installation, maintenance and
delivery service for street lights by and for said governmental units from APCo as a single source
provider; and
WHEREAS, the most recent such contracts for the period beginning July 1, 2000 will
terminate on June 30, 2002; and
WHEREAS, on or about February 12, 2001, APCo agreed with the Committee to extend
the terms of such contracts to December 31, 2003 at rates set forth in the Company's Schedule
17 on file with the Virginia State Corporation Commission (the "Commission"); and
WHEREAS, on or about July 24, 2001, American Electric Power Co. ("AEP"), parent
corporation of APCo, filed a proceeding in the Federal Energy Regulation Commission
CFERC'') seeking approval of amendment of its intercompany agreement which inter alia affects
the supply and computation of the price for electricity furnished to APCo in excess of that
produced by APCo, in which proceeding the Steering Committee and the Town of Wytheville
appeared and objected; and
WHEREAS, in consideration of the Committee and the Town of Wytheville agreeing to
a negotiated settlement of the FERC proceeding which provides substantial protection against
potential escalation of the fuel factor which is a component of APCo's total pricing for electricity
supplied to its retail customers, including the governmental units, APCo has granted to the
governmental units the election to (1) terminate the current contracts on June 30, 2002, or
(2) extend the contracts at Schedule 17 rates to December 31, 2003 pursuant to the offer dated
February 12, 2001, or (3)(a) to extend the current contracts through June 30, 2007, at rates
contained in APCo's unbundled Standard Rate Schedules, or any successor or replacement
schedules then on file and approved by the Commission; and (b) to extend street light service at
rates as in effect July 1, 2000, but subject to changes in the fuel factor; provided that election (3)
is conditioned upon the governmental unit so electing, notifying APCo of its election within 90
days of December 18, 2001, that (i) it has chosen APCo to provide generation service through
June 30, 2007, and (ii) that it will not chose a different supplier prior to such date; and (iii) it will
not request the Commission to determine rates and provisions for default service different from
that provided under its contract, as amended by election (3); and
WHEREAS, the Committee has recommended that the governmental units, including the
County, exercise election (3) above, that is, the extension of current contracts with APCo for
electric service and delivery thereof from July 1, 2002 through June 30, 2007, including street
light contracts, at the rates and subject to the conditions all as set forth in the letter dated
December 18, 2001 signed on behalf of APCo and AEP and on behalf of the Steering Committee
and the Town of Wytheville, all by counsel, which is attached hereto as Exhibit A and
incorporating letters dated February 12 and February 15, 2001 attached hereto as Exhibits B1
and B2; and
WHEREAS, it appearing to the Board of Supervisors of the County of Albemarle that
there is only one source practically available which can and will supply electricity service and
delivery thereof for the entire needs of the County at established rates for such bundled service or
unbundled generation service for the period from July 1, 2002 through June 30, 2007, as
negotiated and recommended by the Committee; and it further appearing that even if there
should develop a truly competitive market in the APCo area for generation service, it is
questionable whether the Virginia Electricity Restructuring Act (the "Act") provides for capped
rates or default rates for public authorities in the APCo area, and if not could place the County at
a disadvantage in the event it elects to contract with an alternative supplier or if such alternative
supplier should default and be unable to provide the electricity; and it further appearing that
notice hereof has been posted or published as specified in Va. Code § 2.2-4303(E) that
competitive sealed bidding and competitive negotiation for such services for such period, are not
fiscally advantageous to the public because the procurement process for electric services in a
competitive market, even if there should be such a market, must be of such flexibility to provide
a rapid response to fluctuating market conditions on a daily, or even hourly, basis; and it further
appearing that the contract extensions recommended and agreed to by the Committee will
provide the County with a safeguard against excessive electricity generation costs both at this
date and in the foreseeable future due to a lack of real competition in this area of Virginia; and
WHEREAS, in addition to the fact that no other source is practically available for such
electric services for such period, the APCo offer to extend the contracts, being for a limited time,
i.e., ninety (90) days from December 18, 2001, is such that an emergency does exist inasmuch as
such period is not sufficient for the County to correctly assess its entire needs for electric service,
whether for the short term or through June 30, 2007, to prepare and receive requests for
proposals and to review, consider and act upon any proposals which may possibly be received.
NOW, THEREFORE, BE IT HEREBY RESOLVED that:
(1) The County accepts APCo's offer to extend its current contract for electric service
on a bundled basis, including its street light contract, from July 1, 2002 through June 30, 2007, as
set forth in Exhibit A and as agreed and recommended by the Committee.
(2) In accordance with the conditions in APCo's offer, the County agrees that (i) it
has chosen APCo to provide generation service through June 30, 2007; (ii) it will not choose a
different supplier prior to such date; and (iii) it will not request the State Corporation
Commission to determine rates and provisions for default service different from that provided in
the contracts, as amended and extended as set forth above.
(3) The County Executive is hereby authorized and directed to execute and deliver on
behalf of the County all documents as shall be deemed appropriate to carry out the foregoing
action.
(4) This Resolution shall take effect immediately.
The Clerk is directed to notify APCo of the aforesaid election and agreements by
transmitting a copy hereof to counsel for the Committee, Howard W. Dobbins, 1021 East Cary
Street, P. O. Box 1320, Richmond, VA 23218-1320, who is authorized to deliver same to APCo.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a
Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote
of six to zero., as recorded below, at a regular meeting held on February 13, 2002.
Ella
Clerk, Board of County Supervisors
Aye Nay
Mr. Bowerman X
Mr. Dorrier X
Mr. Martin X
Mr. Perkins X
Mr. Rooker X
Ms. Thomas X
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Extension of Contract for Electrical Service with
Appalachian Power Company.
SUBJECT/PROPOSAL/REQUEST:
Authorize the County Executive to execute an extension of
the County's current contract with Appalachian Power
Company from July 1,2002 to June 30, 2007 at terms
and rates on file with and approved by the SCC.
STAFF CONTACT(S):
Messrs. Tucker, Davis, Trank
AGENDA DATE:
February 13, 2002
ACTION:
CONSENT AGENDA:
ACTION: X
ATTACHMENTS:
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
INFORMATION:
Resolution and Memorandum
Dated January 14, 2002
Go To Recommendation
DISCUSSION:
The County's contract for electric service with Appalachian Power Company CAPCo") currently in effect will expire on June 30,
2002 unless extended. Retail electric service entails three elements: generation, transmission and distribution to the user.
Historically, all three elements have been bundled together and the bundled service has been provided by a single supplier,
which has been assigned a designated territory in the Commonwealth. In much of Southwest Virginia, APCo has been that
supplier, and the County's current contract involves bundled services.
As a result of deregulation under the Virginia Electric Utility Restructuring Act (the "Act"), retail customers are granted a "choice"
as to whether they will continue to purchase the generation element from the incumbent supplier. The VML/VACO APCo Power
Steering Committee has negotiated a contract extension with APCo for a five-year term for electrical generation services at terms
and rates on file with and approved by the SCC. The Steering Committee recommends that member local governments extend
the current contract through June 30, 2007 (when under the Act capped rates and default rates are scheduled to terminate for all
customers) in order to protect against rate increases until such time as a truly competitive market in the APCo-served area exists.
RECOMMENDATION:
Staff recommends that the Board authorize the County Executive to execute the contract extension with APCo on behalf of
the County.
Return to Regular Agenda
Return to Consent Agenda
Electric
Service Contract Extension
View Resolution Authorizing
View January 14, 2002 Memorandum
l~~l~ ~ I 13 EAST FRAt4~.m S'rREST
P.O. Box xz~64
8o4/849-847~
~AX 8°4/343-37~8
MEMORANDUM
i001 F~ BROAD
~ ~UITE LL 20
RICHI'dOND, VA 232~9
Virginia 8o4/788_665z
Association
of Counties FAX 804/788-OO83
TO:
FROM:
DATE:
RE:
Key Officials - All Jurisdictions in Appalachian Power Company ("APCo") Area
R. Michael Amyx, Executive Director, VML
James D. Campbell, Executive Director, VACo
January 14, 2002
Extension of Contracts for Electric Service for Governmental Use
IMMEDIATE ATTENTION AND ACTION REQUIRED
The contracts of each jurisdiction for electric service inthe APCo area currently in effect
will terminate on June 30, 2002 unless extended as provided herein below.
Retail electric-service entails three elements: generation, transmission and distribution to
the user. Historically, all three elements have been bundled together and the bundled service has
been provided by a single supplier which has been assigned a designated territory in the
Commonwealth. In much of the Southwest Virginia that supplier has been APCo. Although the
Virginia State Corporation Commission (the "SCC") has traditionally established the terms and
rates for the bundled service, for many years the Steering Committee composed of
representatives o f the APCo jurisdictions have negotiated the terms, conditions and rates for this
service to APCo's public authorities. The current contracts are a product of such negotiations
conducted in 199%2000. However, in 1998 the General Assembly adopted the Virginia Electric
Utility Restructuring Act (the "Act") whereby retail customers are to be granted a "choice" as to
whether they will continue to purchase the generation element from the incumbent supplier such
Page 1
as APCo or from an alternative supplier. The distribution and transmission dements remain with
the incumbent and are regulated as to retail customers and are negotiable by public authorities.
The Act contemplates that there will be a truly competitive market for electric generation
and because of market competition that customers for the service may attain savings. Under the
Act, choice for APCo customers became effective on January 1, 2002. However, because the
price for the generation element in a competitive market will be determined by market influences
and not based on the cost of service as in the past, the actual cost to the user under "choice" may
be greater, perhaps substantially greater, than the public authorities have paid and are now
paying under current contracts.
Although the Act provides for a cap on rates as a protection against excessive rates if a
customer elects not to change generation supplier, and provides for a default rate in the event an
alternative supplier fails to perform, counsel to the Steering Committee advises that it is unclear
whether cap rates and default rates will be applicable and available to the public authorities.
As a result of the efforts of the Steering Committee and its counsel, APCo has agreed to
provide the public authorities an opportunity whereby they may elect to either (1) terminate the
current contracts on June 30, 2002 and seek proposals for services from alternative suppliers, or
(2) extend the current contracts from July 1, 2002 through December 31, 2003 at the applicable
rates on file for retail customers at the SCC, or (3) extend current contracts from July 1, 2002
through June 30, 2007 at terms and rates on file and approved by the SCC.
If a jurisdiction elects to terminate on June 30, 2002, it should immediately commence
preparations to seek proposals from reliable suppliers for generation and to negotiate with APCo
for terms and rates related to the distribution and transmission components of the service.
Page 2
If a jurisdiction elects to extend from June 30, 2002 through December 31, 2003, or from
June 30, 2002 through June 30, 2007, when under the Act capped rates and default rates are
scheduled to terminate for all customers (and when presumably there will be a tree competitive
market in the APCo. area) its governln~, body must so elect by Resolution or Ordinance and
notify APCo {thron~h the Steering, Committee's counsel) by March 18, 2002.
The Steering Committee recommends that all jurisdictions in the APCo area elect option
(3) to extend contracts from June 30, 2002 through 2007. Attached is a comprehensive
memorandum prepared by counsel to the Steering Committee explaining important
developments in the SCC artd the Federal Energy Regulatory Commission ("FERC") which
relate to this matter and which, beginning on page 10, explains in more detail the APCo
proposals and the elections requiredto be made by the public authorities. Although the Steering
Committee recommends option (3) extension of the contract through June 30, 2007, each
jurisdiction should carefully consider the advantages and disadvantages of all three options
before making an election.
Also attached is a form of resolution or ordinance which may be used in the event your
jurisdiction elects option (3) and which contains certain recitals supporting the decision to extend
the contracts and also includes the agreements by the jurisdiction on which APCo's e ffer is
conditioned.
Because of the importance of this action by the public authorities, the Steering
Committee has authorized counsel to schedule informational meetings in Roanoke and
Wytheville to answer the questions about the contracts and the extensions.
The Roanoke meeting will be on January 24, 2002 at 2:00 p.m. at Valley Metro
Operations Center at 1108 Campbell Avenue, N.E., Roanoke, Virginia, and the Wytheville
Page 3
meeting will be held on January 25, 2002 at 10:00 a.m. at the Town Municipal Building, 150
East Monroe Street, Wytheville, Virginia. All interested parties are invited to attend these
sessions.
Questions may also be directed to counsel:
Howard W. Dobbins, telephone (804) 783-6441;
Thomas B. Nicholson, telephone (804) 783-6904;
C.F. Hicks, telephone (804) 288-6652.
I:\WMCDLIB'tHOWAP, DDO\0788.944~01
Page 4
J~n-I&-ZDD2 03:~lpm
804 3~3-$022
as~mb ardt~wOo~ro§m's.c.~m
From-NILLI^~S ~ULLEN
+180478364(~6
WOODS, ROGER5
& HAm ,EGROVE;
T-502
P. O03/OOD
F-lO9
December 18, 2001
BY HAND
Thomas B. Nicholson, Esquire
Williams, Mullen, Clark & Dobbins.
Two James Center
~021 East Cary Street
Richmond, Virginia 23219
Re: --Virginia Public Authoriw Customers of Appalachian Power Company
Dear Mx. Nichol$on:
As legal cmmsel for Appalachian Power Company, American Electric Power Sery. ice
Corporation and American Electric Power Company, Inc., I am authorized to m...ake the offer set
forth below. As we discussed °n the telephone with Mr. Bacha, the following offer will remain
6pen until 5:00 p, m.. EST, Thursday, December 20, 2001, I! is our understanding that you are
hurhorized to accept this offer on behalf of the Town of Wyrheville, Virginia and the
VML/VACO APCo Steering Commit'me and to execute the Virginia / Were Virginia Settlement
Agreement au FERC, in Docket Nos. ECOI-130-000 and ER01-,2668~000, on their behalf.
Accordingly, thc Companies set forth the following terms:
I~ exchange for llae Town of Wytheville, Virginia, and the VML/VACo APCo Steer/ag
~ommitxec becoming signatories to thc Settlement Agreement Among American Electric Power
Service Corporation, American Electric Power Company, Inc. And Virginia And West Virginia
Parties ("Virgirfia/West Virginia Settlement Agreement'~) in AEP's pending corporate separation
filing at FERC. in Docket Nos. EC01-t 30-000 and ER01-2668-000, and subject to the conditions
I
~et forth in items A., B. and D,, herein, APCo would agree to offer an amendment to the current
~omract of each local government and other political subdivision of the Commonwealth of
;Z3 E~:r Main ,';river.-':uim 1200 P,i'dm~ond. Virk~ia '__:2!~
O~,v.~ ,ff.~ :n Roanoke, CJtari, xtt~xqiie an,i Oa.:':i]¢,
EXHIBIT A
r
+~8047836456
J~n-14-2002 03:61~m From-WILL AMS UULL£N
Thomas B. Nicholson, Esquire
December 18, 2001
P~e 2
VLr~inia (~Virl,~nia Public Authority Customer" or "PA Customer") served by Appalachian
Power Company ( APCo ) that incorporates the elements set forLh in Item C., herein.
A, 'l'he VML/VACo APCo Steering Committee will recommend to each PA
Customer served by APCo that it enter into an amendment to its current contract that
ilacorporates thc elements sa forth in Item C., herein.
B. Witkin 90 days of the gate that th~ Town of Wythc~rilIa, Virginia, and the
yMI. J~ACo APCo Steering Committ~ become sisna~ories to the Vir/inia/West Virl~inia
~cn'dement A/Iz'e~menl. each PA Customer served by APCo shall notify APCo, in writing, that it
ltas elected one; of ~e following options: 1.) To terminate its current contract on June 30, 2002;
j.) to ex~¢nd its contract through December 31, 2003, p~r the terms set'out in the letters gated
February 12 and February 15, 2001, which were exchanged between APCo and counsel for the
yML/VACo APCo Steering Corem/tree; or, 3.) to extend its' current contract throuEh Jllne 30,
2007, per the tcn~ns set forth in Item C., herein. If a PA Customer fails to provide such notice,
./hen [hat PA Customer will be d~med to have elected option' 1 .), above; provided, however, that
~he 90 day response pet/od will be extended an additional 30 days if a PA Customer l~ovides
Wri~en notice to ~PCo within said 90 days that, despite good faith effort, the PA Custom~-r
'i~¢ds additional time for its $ovcming body ~o act upon such options. Once a PA Customer
makes an elec'cion hcretmder, ~at PA Customer shall not be entitled to any oth~r option from
APCo; provided, however, that if a PA Customer has elected to extend its con~ract Titroush .Tune
}0, 2007, but ,~PCo do~s not become obligated to enter inw The amendment provided for under
kern C. her~in, then APCo will execute an amendment with such PA Customers that extends
/heir current contracts through December 31,2003, per thc aforementioned letters dated February
T-602 P.004/009 F-lOg
J~n-14-ZOOg
From-WILLIAMS MULLEN +18047836456 T-602 P.OO6/OOg
F-lO9
Thomas B. Nicholson. Esquire
December Ir, 2001
Page 3
1~2 and 15, 2001, ~md containing the fuel protections set forth in the Virginia/Wes~ Virginia
Se~cmcn~ Agreement.
C. Subject to the conditions contained herein, APCo agrees to execute with each PA
Customer that. has elected to extend its current contract through June 30, 2007, an amendment
that revises tha~. PA CustomeFs current contract as foIlows:
1. The amendment will incorporate ~he modifications and contract extensions agreed
upon in xhc aforementioned letters dated February 12 and February 15, 2001.
2. The contract term would be further extended to cover the period .lanua.w 1, 2004
&rough June 30, 2007 ("Contract Exmnsion Period"). No PA Conuact shall l~
sold, assigned, or transferred to any other en6ty, including an affiliam of APCo,
without the express written permission of the affected PA Customer; provided,
however, that such permission shall not be unreasonably withheld.
o
The razes for service from July 1, 2002 through June 30, 2007 shall be
those contained in APCo's unbundled Standard Rate Schedules SGS,
MOS, LGS, LPS-TOD anddor OL, or any successor or replacement to sucah
Standard Rate Sehedules~ then on file with and approved by ~he Virginia
State Corporation Commission ("VA SCC"), as applicable [o the
individual PA Customer accounts, If no such ra~s are on file with the VA
SCC because ir has mrminated such rates, then the ra~es contained in the
last applicable Standard Rate Schedules shall be charged by APCo to th~
J~n-14-zooz o3:Sl~m Fr om4tl LLIAMS ~ULLEN
I
Thomas B. Nicholson, Esquire
December 18, 2001
Page 4
+18047856456 T-$OZ P.D06/O09 F-109
PA Cussomer accounts through June 30, 2007; provided, however, to
accommodate the. fuel protections contained in the Virginia/West Virginia
Settlement Agreement, ~e Parties will agree to enmr into good faith
negotiations to develop a reasonable fuel adjustment mechanism. The fuel
protections contained in the Virginia/West Virginia Settlement Agreernenr
will be applicable to uae PA Customers when they become effective for
APCo's other Virginia retail customers, through June 30, 2007,
The rates for Street Lighting ("SL") shall be those in effect July 1, 2000,
but shall be subject to changes in the fuel factor, including uae fuel
protections contained in the Virginia/West Virginia Settlement
Agreement, throughJun~ 30, 2007.
Rew:nues from PA Customer billings will be based on the unbundled components
of the applicable retail tariffs. SL revenues will be unbundled into the applicable
¢ompoileIlt$.
Each PA Customer that elects to extend irs current comxact through Jrme 30,
'2007, will agree that 1) it has chosen APCo to provide generation service through
.June 30, 2007; 2) it will not choose a different generation supplier prior to June
30, 2007; and, 3) it will not request That the VA SCC determine rates and
provisions for default service from APCo different than that provided for under its
current contract, as amended herein. Nothing in the preceding sentence shall
apply to preclude any PA Customer from qualifying for or receiving default
J.n-14-ZOOZ 03:Sepm Hom-WILLI^~'Ivlt. JLL£N +18047836456 T-602 P.00?/00D F-10g
Thomas B. Nichoh~on, Esquire
December t8, 2001
Page $
~ service from a different default service provider in the event that such a provider
, has been named and APCo fails to deliver under the contract. APCo aud thc PA
Customer will tin,her agree that the types of interruptions of service provided for
under the existing PA Customer contracus and any applicable Standard P.2te
: Schedules shall no~ constitute a faille to deliver for purposes of § 56-585 of the
Code of ¥irginia.
6. The Extension of Service provision shall be as contained in the current contract.
Ho~vever, if the VA $CC approves a change in the extension o£service provisions
applicable tn ~e Standard Kate Schedules identified in 3.a., above, to utilize
rcvcnues which exclude generar, ion and/or other revenue components, then such a
change shall be reflected in thc Extension of Service provision of the conu'a~t
applicable to thc PA Cu~omers.
7, The information m be provided under the TENTH paragraph of the current
conu'ac~ will be provided in electronic form to a single designated representative
of thc PA customer group ("Designated Representative"), as dcsi~r~atcd by thc
Executive Directors of ~he Virsinia Municipal League and the Virginia
Association of Counties, at no expense to the .Customer for the first request,
within 90 days of receiving thc request, but in any event not later than ~anuary 1,
200'7. APCo shall comply with any reasonable additional requests from the
Designated Keprcsentative for the data described in the TENTH paragraph, but no
more frequently than once in any calendar year, and ~e Customer agrees to pay
for such data. In the event that a PA Customer elects, pursuant to Item B. herein,
~an-14-2002 03:52pm From-WILLIAIvIS ~ULLEN ~1804TB36456 T-50Z P.OO8/OO9 F-IOD
Thomas B. Nicholson, Esquire
D :cember 18, 2001
P~ge 6
only 'to extend its current conwact through December 3 I, 2003, then APCo a~ees
t~) provide to the Customer only available information specific to thai PA.
Customer, at no exp~nse for fl~e first request, within 90 days of receiving the
request, but in any event not later than June 30, 2003, and APCo shall comply
with any reasonable additional requests from that PA Customer for the data
specific to that PA Customer, but no more than once in a single calendar year, and
the Customer agrees to pay for such dam.
8. Yhe date by which a cost-of-service based distribution rate shall be negotiated by
the parties will be changed to January 1, 2007, to establish rotes for distribution
~ervice to be effective after ~Iune 30, 2007. By May I, 2006, AEP will provide to
the Designated Represenlative a proposed distribution revenue requirement and
distribution rate(s) based on the cost of providing distribution service to the PA
Customers, together wiffi the underlying distribution cost-of-service study and
:;upporfing workpapers. APCo agrees m comply with all reasonable additional
requests for information in accordance with the terms of the current contract.
D. AEP and the Town o£ Wytheville, Virginia, and the VMLNACo APCo Steering
Commit'tee agree that APCo's obligation to execute the arnenclmen~s described in Item C. above,
tin addition m being conditioned upon the actions required in Itams A. and B, above, shall not
become binding upon APCo until the following conditions are met: i) all of the events specified
in Section VII,. paragraph number 6, subsections a_ through e. of the Virginia/West Virginia
Settlement Agreemen~ have occurred, and 2) the VA SCC has issued an order approving Exempt
Wholesale Oenerator ("EWG") s~atus for the generating units identified in ,Section IV.1 of the
J~n-14-ZDO2 D~:Sepm ;rom-WILLIAMS ~LLEN +16047636456 T-~02 P.DOg/ODD F-109
Tl-iomas B. Nicl~olson, Esquire
D~ccmber tg, 2001
P~ge 7
V~r' giniafWes~ Virginia Settlemem Agreement, If condition 2) of thi~ paragraph is not
A~Co will agree that if it is named the default service provider in i~s service territorY and a PA
C4usmmcr that ~flectcd to extend its current contract through June 30, 2007, becomes a default
s~rvme customer of APCo's on January 1, 2004, then r. he fuel promotions contained in the
~irginia/West Virginia Senlement Agreement will be applicable to that PA Customer through
Jgn¢ 30, 2007.
If you agree with these terms, please execute ,he t~vo copies of this Icttcr on behalf of the
~.own of Wyrklcville and t.he VMLfVACO APCo Sl[eering Committee and return one copy to mc.
Very truly yours,
WOODS, ROGERS &.HAZLEGROVE, P.L.C-
ON BEHALF OF
APPALACHIAN POWER COMPANY, AMERICAN
ELECTRIC POWER SERVICE COI~ORATION, and
AMERICAN ELECTRIC POWER COMPANY, INC.
Accepted and Agreed:
Jan-14-ZOOZ
+18047836466
T-$02
P.OO2/OOg
February 12, ,.001
AMERICAN'
ELECTRIC
POWER
M_~. Howard W. Dobbins
Mr. Ralph L. "Bill" Axselle, _Ir.
Williams, Mullen, Clark & Dobbha9
Two James Conter
1021 East Cary Street
P. O. Box 1320
Richmond, VA 23210-1320
RE: Rates for Public Authority Customers
Gentlemen:
In Our cliscuss~on on Thursday, February 8, 2001, we agreed to Consider a modification of
the c0n~ract for electric service between Appalachian Power Company and itspub]ic
authority customers. On behalf of flae Company, I ex~end the following offer:
1) Appalachlan'Power Company will agree to provide service to pubiie authority
cu,'~mmers in Vkginia by extending the.term oft. he contract until January i,
2003, the currently expected date for applicability of default service, or
JasLuary 1, 2004 if default service is not initiated until then.
2)
For the period July t, 2002 to January 1, 2003, the Company will bill those
customers under the appropriate rate schedules of the currently effecffve
Appalachian Power Company SCC TariffNo. 17, as the same may be
adjusted pursuanl m §56-582.B of the Code of Virginia.
The Company believes *.ha*. fl'Js modifica~ie, n of the contract obviates the need for any
amendment to SB 1420, as that bill is currently pending before flae Virginia General
AssemblT.
Please let us hnow your response to this proposal as soon as possible.
Sincerely.
R. D. Carson, Jr.
F-lOg
EXHIBIT Bi
~'t': ~lmer~ca's gnergy Partner®
PHONE: [804) 643-1991
FAX: (804-) 783-6507
E-NLAIL ADDRESS:
hdobbim~ wmcd.com
DIRECT DIAL:
(804) 783-6441
INTERNET ADDRESS:
www. Wmc&com
WILLIAMS MULLEN
& Do m s
ATTORNEYS & COUNSELORS AT LAW
A PROFESSIONAL CORPORATION
TWO JAMES CENTER
1021 EAST CARY STREET
P.O. BOX 1320
RICHMOND, VA 23218-1320
CHARLOTI'ESVI1.1 .~-
LONDON
NEWPORT NEWS
NORTHERN VIRGINIA
RICHMOND
VI.RGIlXlA BEACH
WASHINGTON, D.C
AFFILIATE OFFICE:
DETROIT
February 15, 2001
Mr. R. D. Carson, Jr.
American Electric Power
Three James Center
Suite 702
1051 East Cary Street
Richmond, Virginia 23219
RE: Rates for Public Authority Customers
Dear Dan:
This to confirm my oral. acceptance ~on behalf of the VML/VACO Steering Committee of
the offer contained in your letter dated February 12, 2001.
You have confirmed orally that:
1. In the event that default service is not initiated until January 1, 2004, that the rates
for the extension of the contracts until such time will be the same as for the six months period of
July 1, 2002 to January 1, 2003, that is, SCC Tariff No. 17 adjusted per §56-582.B;
2. That AEP will provide the data relating to our accounts during the extensions as
described in the current contracts and;
3. That the SCC Tariff No. 17 rates are adjusted to reflect the reduction resulting
from the substitution of the Consumption taxes in lieu of~gross receipts and local license taxes.
EXHIBIT B2
WILLIAMS MULLEN
Ci. Av, x & Dom3 NS
ATTORNEYS & COUNSELORS AT LAW
January 14, 2002
Page 2
On behalf of the Steering Committee [ thank you, Barry and the Company for working
with us in our effort to solve a serious problem. The Contract extensions do not provide a
complete solution but prov/de a bridge of safety for the public authorities.
Sincerely,
Howard D. Dobbins
HWDPot
cc: R. Lance Terpermy C. F.' Hicks, Esq.
Ralph L. Axselle, Jr., Esq.
[:\WMCDL1BxI-IOWARDDO~0696248.01
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Six Year Secondary Road Priority List
SUBJECT/PROPOSAL/REQUEST:
Approval of the VDOT Six Year Secondary Road Plan
STAFF CONTACT(S):
Messrs. Tucker,Foley,Cilimberg,Benish,Wade
AGENDA DATE:
February 13, 2002
ACTION:
CONSENT AGENDA:
ACTION: X
ATTACHMENTS: Yes
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
INFORMATION:
Go To Recommendation
BACKGROUND:
The Board of Supervisors held a public hearing on the County Priority List for Secondary Road Improvements and VDOT's
Six Year Secondary Road Plan January 16, 2002. The Board approved the County Priority List with modification. The VDOT
Six Year Secondary Road Plan required modification to reflect the changes made in the County's Priority List before it could
be adopted.
DISCUSSION:
At their meeting, the Board of Supervisors approved the County's Six Year Secondary Road Priority List (Attachment A) with
the following additions:
· Place Corville Farm Road on the Priority List as a rural addition at priority #4
· Move Hillsdale Drive to priority#20
There was public comment asking that a section of White Mountain Road (Rt. 736) be placed on the priority list to be paved.
White Mountain Road was on the Priority List as # 72. Staff included a statement on the Priority List to clarify the inclusion of
the requested section.
The addition of Corville Farm Road as a rural addition did not impact the timing for the completion of other projects already in
the six-year funding cycle. However, future requests to place new projects in the six year funding cycle may have an impact
on projects already scheduled to be advertised for construction.
Although the Board of Supervisors has already approved the County's Priority List of Road Improvements (Attachment A),
staff is including it in this report to show the changes requested. VDOT's accompanying Six Year Secondary Road Plan
(Attachment B) reflects the changes made by the Board of Supervisors to the County's Priority List and requires adoption by
the Board of Supervisors. This document accurately reflects the County's Six Year Secondary Road Priority List.
RECOMMENDATION:
Staff recommends the Board of Supervisors adopt VDOT's Construction Program Estimated Allocations (Attachment B).
Return to Regular Agenda
Return to Consent Agenda
View Attachment A: Albemarle County Priority List
View Attachment B: Secondary System List
ALBEMARLE COUNTY PRIORITY LIST FOR SECONDARY ROAD IMPROVEMENTS
2002-03 Through 2007-08
[SOME PROJECTS MAY NOT BE COMPLETED AS PRIORITIZED DUE TO PROJECT COMPLEXITY AND/OR AVAILABLE FUNDING]
Approved by the Albemarle County Board of Supervisors on January 16, 2002
VDOT's County's Route Number and Name Location Estimated Estimated
Priority Proposed From - To Advertisement Cost
List Ranking Date
Description/Comments
N/A N/A 606 Dickerson Road Intersection of Rt. 743 Jun-02 $6,500,000
Month-Year
1 1 County wide County wide Jun-08 $825,000
1 1 County wide Traffic mgmt. Program Jun-08 $300,000
2 2 625 Hatton Ferry Hatton Ferry Jun-08 $120,000
3 3 West Leigh Drive Rt 250 to .4 mi nor. Rt. 250 Aug-02 $500,000
4 4 Corville Farm Road Rt. 691- Greenwood Road - D.E. $150,000
5 5 Meadow Creek Parkway Melbourne Rd to Rio Road Jun-04 $14,505,100
5 5 Meadow Creek Parkway Bridge over Meadow Creek Jun-04 $2,204,500
6 6 649 Airport Road Route 29 to Route 606 Jul-03 $10,944,050
7 7 651 Free State Road Free State Road Jul-05 $3,350,000
8 8 Meadow Creek Parkway Route 631 to Route 29 Jan-15 $37,500,000
9 9 691 Jarmans Gap Road Route 240 to Route 684 Dec-04 $5,150,000
10 10 649 Proffit Road Rt 29 to 1.6 miles east Aug-06 $9,500,000
11 11 601 Old Ivy Road Ivy Road to 250/29 Byp Aug-08 $7,200,000
12 12 656 Georgetown Road Route 654 to Route 743 Dec-08 $3,200,000
13 13 781 Sunset Avenue NCL to Fifth St Extended Oct-08 $1,650,000
14 14 631 Old Lynchburg Road 1.35 MI. S. 1-64 to Rt.708 Dec-08 $1,500,000
15 15 726 James River Road Route 795 to Route 1302 Dec-08 $800,000
16 16 679 Grassmere Road .25 miles south of Rt 738 Dec-02 $100,000
Projects in bold are in the Development Area.
relocated to meet FAA requirements, funded w/Fed. Funds, proj. will extend runway
signs,pipe, plant mix projects, same funding
Staff working with VDOT for traffic calming in the Hollymead area in 2001-02, multi-stops, ped. X-wa
operation of ferry [240]
rural addition
rural addition
two lane desgin approved by County and Comm. Transport. Bd., includes bridge over CSX RR
(associated with project above)
widen to four lanes, bike lanes,sidewalks,RS98/99 [14,100]
proposal to construct road from Rio Rd to Free St Rd to replace substandard bridge [420]
new road, County also petitioning for eligibility for primary road funding RS 97/98
serve increased traf w/min widening, ped/bike access,RS 1999/00 [2,100]
improve alignment, urban x-section with bike/sidewalk,RS 2006/2007 [3,000]
widen, improve alignment bike/sidewalk access,RS 2000/01 [4,300]
spot improvement, pedestrain access,urban cross-section, RS 97/98 [16,000]
spot and inter. Improve., urban x-sect, upgrade 2 lane. RS 2005/06, ped/bike access
spot improvements at various locations,RS 2001/02 [2,500]
spot improvement to improve sight distance, RS 2002/03 [720]
Railroad crossing with no lights or gate [250]
VDOT's
Priority
List
County's
Proposed
Ranking
Route Number and Name
Location
From - To
Estimated
Advertisement
Date
Month-Year
Estimated
Cost
Description/Comments
17
18
19
17
18
19
2O
21
22
23
24
25
26
N/A
N/A
27
28
29
3O
31
32
33
34
35
36
37
38
39
4O
41
744 Hunt Club Road
810 Browns Gap Road
795 Blenheim Road
Hillsdale Drive
676 Tilman Road Road
678 Owensville Road
606 Dickerson Road
614 Garth Road
795 James Monroe Pky
Southern Parkway
N/A
643 Polo Grounds Road
641 Frays Mill Road
641 Frays Mill Road
631 Rio Road
743 Earlysville Road
729 Buck Island Rd
684 Half Mile Branch Road
641 Burnley Station Road
708 Dry Bridge Road
602 Howardsville Tnpk
640 Gilbert Station Road
642 Red Hill Depot Road
671 Millington Road
692 Plank Road
708 Red Hill Road
601 Garth Road
near intersection with Rt. 22
Intersection of Route 789
Intersection of Route 790
Greenbrier Dr. to Seminole Sq.
Intersection of Route 250
Intersection of Route 250
Route 649 to Route 743
Intersection of Rt. 676
Intersection of Route 53
Avon Str. to Fifth Str.
Route 240 to Route 250
Route 29 to Route 649
Rt. 641 @ Jacob Run
Rt. 641 @ Jacob Run
Rio Rd (~ Pen Park Lane
Rivanna River to Rt 643
Rt. 53 to Rt. 1120
Rt. 691 to Rt. 797
Norfolk Southern RR
Railroad overpass
.01 miles south Route 626
Norfolk Southern RR
.28 miles northeast Rt.708
Intersection of Route 665
Route 29 to Route 712
Route 20 to Route 29
Intersection of Route 658
Feb-02
Sep-10
Oct-10
$10,000
$550,000
$300,000
$200,000
$650,000
$1,200,000
N/A
$350,000
$4,000,000
N/A
$1,500,000
$440,000
$60,000
$1,000,000
$1,000,000
Railroad crossing with no lights or gate. hazard elimination safety funds
Intersection improvement. RS 2003/04.[2,000]
intersection improvement. [570]
new connector road between Hillsdale Rd and Hydraulic Rd, most of project is located in City limits
intersection improvement, RS 2003/04 [4,800]
intersection improvement [2,800]
improve to handle projected traffic, CHART recommendation, RS 2002103 [6,000]
intersection improvement, public request [3100]
recommended from CATS, intersection improvement. RS 2005/06 [2,700]
Extend to 5th St., with pedestrian/bike facility, and Neighborhood street design/speed
interconnect of future neighborhood streets
public req. to improv align, spot improv, safety related, RS 2004/05 [750]
install box culvert, RS 2005/06, not a County priority,a VDOT recommendedsafety project
install box culvert, no County Priority,a VDOT recommended safety project
Inter. improve, requested by City, to be funded from private source [22,000]
public request to improv align, spot improv, safety related. RS 2004/05 [8,400]
improve road geometrics, two lane rural section [4400]
spot/safety improvement to serve increased traffic w/ minimum widening [680]
bridge project with Iow sufficiency rating [340]
school transp. Dept. request, Iow weight limit
Railroad crossing with no lights or gate [390]
bridge project with Iow sufficiency rating [170]
Railroad crossing with no gate [80]
intersection improvement [370]
spot improvements, safety related [1,200]
improve alignment [1,200]
add turning lane at Barracks Farm Road, CATS recomm. [6,400]
VDOT's
Priority
List
County's
Proposed
Ranking
Route Number and Name
Location
From - To
Estimated
Advertisement
Date
Month-Year
Estimated
Cost
Description/Comments
2O
21
22
23
24
25
26
27
28
42
43
44
45
46
47
48
49
5O
51
52
53
54
55
56
57
58
59
6O
61
62
63
64
65
676 Owensville Road
691 Park Road
678 Decca Lane
616 Union Mill Road
743 Advance Mills Road
732 Milton Road
795 Hardware Street
622 Albevanna Springs Rd
622 Albevanna Springs Rd
680 Browns Gap Tnpk
611 Jarmans Gap Road
1310 Ferry Street
682 Broadaxe Road
813 Starlight Road
676 Owensville Road
615 Lindsay Road
737 Mountain Vista Road
708 Secretarys Road
702 Reservoir Road
640 Gilbert Station Road
633 Heards Mtn Road
606 Dickerson road
769 Beam Road
623 Woods Edge Rd
Projects in bold are in the Development Area.
Route 614 to Route 1050
Park Road to Route 250
Intersection of Route 676
FCL to Route 759
At Jacobs Run
Intersection of 762
Near inter, with Rt. 20
Intersection of Route 795
Intersection of Route 773
Rt. 240 to Rt. 810
Off Route 691
.05 miles south of Rt. 6
Off Dick Woods Road
Off Route 712
Intersection of Route 601
Route 639 to Louisa CL
Route 6 to Route 726
Route 795 to Route 620
Ramp to Dead end
Route 641 to Route 747
Nelson CL to Route 634
Route 850 to Route 1030
Off Route 20 north
Route 616 to dead end
Nov-01
Dec-02
Jan-03
Dec-04
Oct-03
Oct-04
Oct-06
Oct-06
Oct-06
$220,000
$650,000
$825,000
$1,400,000
$360,000
$360,000
$1,280,000
$200,000
$365,000
spot improvements at several points, CATS recommendation [2,300]
extend to eastern 240/250 street system [600]
improve intersection, located near school, CATS recommendation [1,900]
improve alignment [4,600]
improve approach to bridge [1,000]
spot improvement, requested by public [1,000]
spot improvement, requested by Scottsville [570]
intersection improvement [710]
intersection improvement [710]
spot improvements, public request [700]
Railroad crossing with no gate [210]
Railroad crossing with no gate [80]
spot improvements, public request [120]
school request, needs turn-around space [60]
intersection improvement [4800]
[230]
[6o]
[260]
unpaved road
unpaved road
unpaved road
unpaved road
unpaved road
unpaved road
unpaved road
unpaved road
unpaved road
R-O-W available
R-O-W available
full R-O-W not available
public request, R-O-W undetermined, sidewalks
public request, R-O-W undetermined [240]
public request, R-O-W undetermined [60]
public request, R-O-W undetermined [360]
public request, R-O-W undetermined [780]
public request, R-O-W undetermined [420]
VDOT's
Priority
List
County's
Proposed
Ranking
Route Number and Name
Location Estimated
From - To Advertisement
Date
Month-Year
Estimated
Cost
Description/Comments
29
3O
66
67
68
69
7O
71
72
73
74
75
76
77
78
79
8O
81
82
83
84
85
86
87
88
89
9O
91
784 Doctors Crossing
712 Coles Crossing Rd
647 Maxfield Road
688 Midway Road
689 Pounding Creek Rd
666 Allen Road
736 White Mtn Road
734 Bishop Hill Road
640 Gilbert Station Road
685 Bunker Hill Road
645 Wildon Grove Rd
712 North Garden Road
668 Walnut Level Road
712 Coles Crossing Rd
762 Rose Hill Church Ln
682 Broad Axe Road
605 Durrett Ridge Road
704 Fortune Lane
678 Owensville Road
760 Red Hill School Road
608 Happy Creek Road
674 Sugar Ridge Road
723 Sharon Road
707 Blair Park Road
769 Rocky Hollow Road
637 Dick Woods Road
Route 600 to Route 640 Oct-08
Rt. 711 to Rt. 692 Jun-09
Rt.22 to Dead end
Rt. 635 to Rt. 824
Rt. 250 to Rt. 635
Route 664 to Dead end
Rt. 635 to Dead End (incl. session n. of Rt. 636)
Route 795 to Rt. 1807
Route 784 to Route 20
Route 616 to Dead end
Rt. 608 to Orange CL
Route 29 to Route 760
Rt. 810 to dead end
Rt. 713 to Rt. 795
Rt. 732 to Deand End
Rt. 637 to 1-64
Rt. 743 to Swift Run
Rt. 715 to Dead End
Route 676 to Route 614
Route 29 to RHES
Route 645 to Route 646
Route 614 to Route 673
Route 6 to Route 626
Rt. 691 to Dead end
Rt. 1484 to Dead end
Rt. 691 to Rt. 692
$1,238,105
$450,000
$117,656,755
un
un
un
un
un
un
un
un
un
un
un
un
un
un
un
un
un
un
un
un
un
un
un
un
un
un
~aved
~aved
~aved
~aved
~aved
~aved
~aved
~aved
~aved
~aved
~aved
~aved
~aved
~aved
~aved
~aved
~aved
~aved
~aved
~aved
~aved
~aved
~aved
~aved
~aved
~aved
road
road
road
road
road
road
road
road
road
road
road
road
road
road
road
road
road
road
road
road
road
road
road
road
road
road
public request, R-O-W undetermined
public request, R-O-W undetermined
public request, R-O-W undetermined
public request, R-O-W undetermined
public request, R-O-W undetermined
public request, R-O-W undetermined
public request, R-O-W undetermined
public request, R-O-W undetermined
R-O-W not available
public request, R-O-W undetermined
public request, R-O-W undetermined
R-O-W not available
public request, R-O-W undetermined
BOS request, R-O-W undetermined
BOS request, R-O-W undetermined
R-O-W not available
R-O-W not available
public request, R-O-W undetermined
R-O-W not available
public request, R-O-W undetermined
public request, R-O-W undetermined
public request, R-O-W undetermined
public request, R-O-W undetermined
R-O-W undetermined
public request, R-O-W undetermined
public request, R-O-W undetermined
[360]
[250]
[470]
[360]
[340]
[220]
[200]
[180]
[170]
[150]
[140]
[140]
[130]
[130]
[130]
[120]
[120]
[120]
[120]
[120]
[100]
[8O]
[7O]
[7O]
[45]
[2O]
~ry System
Albemarle
':tion Program.
Allocations i
'Federal Other Total
', t~4,143,670 $445,000 $5,470,847
', ~4,489,851 $70,000 $5,428,745
~ ~,,637,949 $170,000 $5,735,274
~ I;4,527,964 $565,656 $6,093,356
~ ~4,759,205 $408,137 $6,181,151
! ~4,703,495 $463,847 $6,181,151
; .~7,262,134 $2,122,640 $35,090,524
Date::
1/1/02
Engineer ~ Date
/
03-08-02A08:59 RCVD
SECONDARY SYSTEM CONSTRUCTION PROGRAM
(in dollars)
2002-03 through 2007-08
stimated Cost Previous Funding Additional PROJECTED FISCAL YEAR ALLOCATIONS . Balance to Scope of Work
Funding Complete FHWA #
Required
Comments
2002-03 2003L04 2004-05 2005-06 2006-07 2007-08
D Date:
=. $0 PE $0 BUDGET ITEM
4/ $0 RW $0
;)N $825,000 CON $0 r 2003-04 $f50,000 SIGNAL ~ RT
631/164
~al $825,000 Total $0 Rev. Sh. 2003-4 $300000
/02 $825,000 $125,000 $0 $I00,000 $100,000 $100,000 $100,000 $300,000
=. $0 PE $0
4/ $0 RW $0
~)N $300,000 CON $0 Prelim. Engineering 2001-02
al $300,000 Total $0 Hollymeade Dr.
/02 $300,000 $$0,000i $50,000 $50,000 $50,000 $50,000 $50,000 $0
:. $0 PE $0
v $o Rw $o
;)N $120,000 CON $0
al $120,000 Total $0
/02 $120,000 ~ $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $0
! $20,000 F'E $20,000
I,' $20,000 RW $20,000
)N $460,000 CON $210,000 RURAL ADDITION
al $500,000 Total $250,000 .
/02 $250,000 : $250,000 $0 $0 $0 $0' $0 $0
· $2,000 PE $2,000 Upgrade to minimum standads & add t
V $4,000 RW $4,000
)N $144,000 CON $144,000 Rural Addition Funds
al $150,000 Total $150,000
~o3 $o $o $o $o $o $o $o $o
' $15o,ooo PE $15o,ooo
V $0 RW $0
)N $2,054,500 CON $2,054,500 2-lane Bridge
3/ $2,204,500 Total $2,204,500
'o4 $o $o $o $o $o $o $o $o
Date: 3/1/02
SECONDARY SYSTEM CONSTRUCTION PROGRAM
(in dollars)
2002-03 through 2007-08
stimated Cost Previous Fundir~g Additional PROJECTED FISCAL YEAR ALLOCATIONS Balance to Scope of Work
Funding Complete FHWA #
~- Required : Comments
2002-03 2003-04 2004-05 2005-06 2006-07 2007-08
D Date:
.= $1,205,000 PE $1,205,000 NEW ALIGNMENT-2 lanes
4/ $2,403,000 RW $2,403,000
2N $9,016,600 CON $7,529,684
~a/ 12,624,800 Total $11,137,984
/04 $1,486,91 $ $1,485,916 $0 $0 $0 $0 $0 $0
:- $50,000 PE $50,000 :
4/ $0 RW $0
~N $1,830,500 CON $1,830,500
~.a/ $1,880,600 Total $1,880,500
/o4 $o $o $o $o $o $o $o $o
? $1,237,400 PE $1,237,400 4-LANE DIVIDED
4/ $4,856,550 RW $3,743,209
REVENUE SHARING S1,000,000 1998.
;)N $4,850,100 CON $0 99
!al 10,944,050 Total $4,980,508 Paid
· URBAN DESIGN W/S.W. & BIKE LANJ
/03 $6,963,441 $1,749,974, $2,870,148 $1,343,319 $0 $0 $0 $0
:' $600,000 PE $600,000 .. 2-LANE DESIGN
4/ $750,000 RW $502,641
~N $2,000,000 CON $0 REVENUE SHARING $1,000,000 1995-
96
~al $3,350,000 Total $1,102,641 Paid
/05 $2,247,359 Sd $36,882 $1,264,183 $946,294 $0 $0 $0
~ $4,200,000 PE $1,502,365 NEW ALIGNMENT
4/ $8,5oo,ooo RW $o
REVENUE SHARING $800,000 1997-
)N 28,800,000 CON $0 98
· al 37,500,000 Total $1,502,365 Paid
-:
/15 $36,997,636 $92,118 $226,005 $432,681 $500,000 $312,610 $500,000 $33,934,221
? $650,000 PE $308,209
,V $1,300,ooo RW $0 I
REVENUE SHARING 1999-2000
;)N $3,200,000 CON $0 $1,000,000
al $5,150,000 Total $308,209 2-LANE URBAN W/S. W. & BIKE LANE~.
1/04 $4 841 791 $700,000 $1,250,000 $695,771 $937,131 $558,889 $0 $1,000,000
Da[e: 3/1/02
SECONDARY SYSTEM CONSTRUCTION PROGRAM
(in dollars)
2002-03 through 2007-08
Estimated Cost Previous Funding Additional PROJECTED FISCAL YEAR ALLOCATIONS Balance to Scope of Work
Funding Complete FHWA #
Required Comments
2002-03 2003-04 2004-05 2005-06 2006-07 200'~-08
AD Date:
PE $1,500,000 PE $1,000,000
RW $3,000,000 RW $0
REVENUE SHARING $ l,O00, O00 2006-
CON $5,000,000 ;ON $0 07
Total $9,600,000 Total $1,000,000
2-LANES RURAL W/BIKE LANES
8/1/06 $8,500,000 $1t4,662 $106,819 $901,995 $1,686,326 $9,387,706 $1,:303,496 $1,000,1~N)
PE $950,000 PE $910,000
RW $2,500,000 RW $0
REV.. SHARING $1,000,000 2000-01
CON $3,750,000 CON $0 3J..ANES W/S. W. & BIKE LANES
Total $7,200,000 Total $910,000
8/1/08 $6,290,000 $0 $9 $0 $244,539 $200,000 $2,000,000 $9,845,461
SPOT IMPROVEMENTS
PE $600,000 PE $600,000 .
RW $600,000 RW $100,000
REVENUE SHARING $200,000 1997-
CON $2,000,000 CON $0 98
Total $3,200,000 Total $700,000
2-LANES W/ S.W. & BIKE LANES
1 ?../1/08 $2,500,000 $0 $0 $0 $400,000 $200,000 $300,000 $1,6{~,000
PE $250,000 PE $0 2-LANE URB.N~I WISW & BIKE LANE
RW $450,000 RW $0 REVENUE SHARING $~,000,000 200~,
CON $950,000 CON $0 06
Total $1,650,000 ' otal $0
10/1/08 $1,650,000 $0 $9 $0 $396,669 $143,598 $1~0,746 $1,000,000
PE $250,000 PE $0
Rw $250,000 ~w $o
REVENUE SHARING 2001-02
CON $1,000,000 CON $0 $1,000,000
Total $1,500,000 Total $0
SPOT SAFETY IMPROVEMENTS
12/1/08 $1,500,000 $0 $0 $9 $114,674 $100,000 $:300,000 $986,325
PE $150,000 ~E $0
RW $200,000 RW $0 REVENUE SHARING $600,000 2002-
CON $450,000 CON $0 03
Total $800,000 Total $0 SPo T SAPETY IMPROVEMENTS
12/1/08 $800,000 $0 $0 $0 $3 $94,539 $100,000 $906,461
Date: 3/1/02
SECONDARY SYSTEM CONSTRUCTION PROGRAM
(in dollars)
2002-03 through 2007-08
Estimated Cost Previous Funding Additional PROJECTED FISCAL YEAR ALLOCATIONS Balance to Scope of Work
. Funding
Required Complete FHWA #
: r Cornment$
2002-03 2003-04 2004-05 2005-06 2006-07 2007-08
AD Date: -,
sE $3,000 PE $3,000 LIGHTS & GATES -
~W $1,o0o RW $1,000
· ;ON - $96,000 CON $96,000 ,
~tal $100,000 Total $100,000
1/02 $0 $0 S0 $0 $0 S0 $0 S0
'E $1,000 PE $1,000 GATES & LIGHTS
i'W $o ~W $0
;~ON $9,000 CON $9,000
: )tal $10,000 Total $I0,000
1/02 $0 $0 $0 $0 $0 $0 $0 $0
E $75,000 PE $0 INTERSECTION IMPROVEMENT
W $75,000 RW $0
ON $400,000 CON $0
ta/ $SSO,000 Total $0
1/10 $660,000 $0 $0 $0 $0 $0 $300,000 $260,000
E -$50,000 PE $0 INTERSECTION IMPROVEMENT
w '$5o,ooo RW $o
::)N $200,000 CON $0
ta/ 6300,000 Total $0
tl/10 $300,000 $0 $0 $0 $0 $0 ~ $83,101 $219,899
i :- $10,000 PE $10,000
4/ $10,0oo RW $10,o00
: ;)N 6200,O00 CON $200,000 UNPAVED ROAD
I a/ $220,000 Total $220,000 RIGHT OF WAY AVAILABLE
1/Ol $0 $0 $o $0 $0 $0 $0 $0
!; $20,000 PE $20,000
t/ $20,000 RW $20,000 ,
· )N $6-10,000 CON $610,000 UNPAVED ROAD RIGHT O? WA Y
71 $8.60,000 Total $650,000 AVAILABLE
1/02 S0 $0 $0 $0 $0 $0 $o $0
Date: 3/1/02
SECONDARY SYSTEM CONSTRUCTION PROGRAM
(in dollars)
2002-03 through 2007-08
Estimated Cost Previous Funding Additional PROJECTED FISCAL YEAR ALLOCATIONS ~.~.._ ~.. ~.____ _.,., ,
FundingI ~°'^ '~'"~.~ ~u ~oPe of vvOrKcomplete FHWA Cf
Required
Comments
2002-03 2003-04 2004-05 2005-06 2006-07 2007-08
AD Date:
PE $30,000 PE $30,000
RW $50,000 ~W $50,000
CON $745,000 CON $417,355
UNPAVED ROAD PART/AL RIGHT 0
'otal $825,000 Total $497,365 WAY
/1/O3 $327,645 $222,171 $105,474 $0 $0 $0 $0 $0
=_F' $20,000 PE $20,000 :
~W $40,000 RW $40,000
2ON $t,340,000 CON $65,000 UNPAVED ROAD
brai $1,400,000 Total $126,000 NO RIGHT OF WA Y
2/1/04 $1,276,000 $347,283 $802,963 $366,987 $67,767 $0 $0 $0
~E $20,000 r=E $0
~W $40,000 RW $0
;ON $300,000 CON $0 UNPAVED ROAD NO RIGHT OF WAY
~tal $360,000 Total $0
3/1/03 $360,000 $220,000 $140,000 $0 $0 $0 $0 $0 .'
'E $20,000 PE $0
~W $40,000 RW $0
:ON $300,000 CON $0 UNPAVED ROAD NO RIGHT O'F WAY
)tal $360,000 Total $0
)/1/04 i $360,000 $92,723 $120,457 $146,820 $0 $0 $0 $0
E $20,000 PE $0
W $60,000 RW $0 ,
ON $1,200,000 GON $0
,, UNPAVED ROAD NO RIGHT OF WAY
tal $1,280,000 Total $0
/1/06 $1,280,000 $0 $0 $296,020 $665,550 $360,66;~ $67,767 $0
:- $10,000 ~E $0 GRADE & PAVE GRAVEL RD.
4/ $15,000 RW $0
2N $175,000 CON $0
fa/ $200,000 Total $0 '
'1/06 $200,000 $0 $0 $117,498 ] $82,602 $0
$0
$0
Date: 3/1/02
SECONDARY SYSTEM CONSTRUCTION PROGRAM
(in dollars)
2002-03 through 2007'-08
Estimated Cost Previous Funding Additional ~ROJECTED FISCAL YEAR ALLOCATIONS
AD Date:
PE $15,000
RW $50,000
CON $300,000
Total $365,000
0/1/06
=E $25,000
RW $75,000
CON $1,138,105
Total $t,238,105
10/1/O8
PE $50,000
RW $50,000
CON $350,000
Total $450,000
611/09
PE $0
RW $0
CON $0
Total $0
PE $0
RW $0
CON $0
'oral $0
PE $0
RW $0
CON $0
'otal $0
Funding
Required
$366,000
$1,238,105
$450,000
2005-06 2006-07 2007-08
$0
$0
$0
$0
$0
$0
$0
$0
$160,000
$143,917
$0
$195,000
$458,t46
$0
$20,000
$636,042
$300,000
Balance to
Complete
$0
$0
$160,000
Scope of Work
FHWA #
Comments
GRADE & PAVE GRAVEL RD.
PAVE GRAVEL RD.
RECONSTRUCT & REPLACE BRIDG
Gravel Roao
R/W Not Available
Date: 3/1/02
SECONDARY SYSTEM CONSTRUCTION PROGRAM
(in dollars)
2002-03 through 2007-08
Estimated Cost Previous Funding Additional PROJECTED FISCAL YEAR ALLOCATIONS Balance to
Funding ~ Complete
Required : I
2002-03 2003-04 2004-05 .2005-06 2006-07 2007-06
$107,706,755 $27,728,863 $79,977,892 $5,470,847 $5,428,745 $5,735,274 $6,093,356 $6,181,i51 $6,181,151 $44,887,368
$12,183,400 $7,668,974 $4,514,426 $588,571 $332,821 $741,203 $944,674 $507,149 $765,787 $634,221
$23,409,550 $6,893,850 $16,515,700 $1,551,550 $978,673 $908,950 .$2,560,521 $1,134,799 $2,563,386 $6,817,821
$72,113,805 $13,166,039 $58,947,766 $3,330,726 $4,117,251 $4,085,121 '$2,588,161 $4,539,203 $2,85t,978 $37,435,326
$5,470,847 $5,428,745 $5,735,274 $6,093,356 $6,181,151 $6,181,151
$o ' $o $o ~ $o $o $o
Date: 3/1/02
MEMORANDUM
TO:
FROM:
DATE:
RE:
Robert W. Tucker, Jr., County Executive
V. Wayne Cilimberg, Director of Planning & Community Development
January 25, 2002
Albemarle County Planning Commission - 2000 Annual Report
The Albemarle County Planning Commission, at their meeting on January 22, 2002, unanimously
approved its 2000 Annual Report. Attached please find a copy of this report.
If you should have any questions, please do not hesitate to contact me.
VWC/jcf
ATTACHMENT
2000 ANNUAL REPORT
ALBEMARLE COUNTY PLANNING COMMISSION
I. INTRODUCTION
The Code of Virginia states that local Planning Commission shall make recommendations and an
annual report to the governing body concerning the operation of the Commission and the status of planning
within the jurisdiction. This report is a brief summary of what the Albemarle County Planning Commission
accomplished during 2000.
II. PERSONNEL
The Commission is composed of seven members, one member from each of the six magisterial
districts, and one member "at large." The Commission members during 2000 were:
Rivanna 01/01/00 - 12/31/03
Trace¥ C. Hopper
William W. Finley, Chairman
Dennis Rooker
White Hall
01/01/00 - 12/31/03
Jack Jouett 01/07/98 - 12/31/01
William B. Craddock Scottsville 01/01/00 - 12/31/03
William D. Rielev
Samuel Miller
Rio
At-Large
Rodne¥ S. Thomas
Jared Loewenstein
01/07/98 - 12/31/01
08/19/98 - 12/31/01
01/01/00- 12/31/01
iii. EXPENSES
The Commission does not have a separate budget. Expenses for commission members were a total
of $30,200.00, all of which was spent on commissioner salaries.
IV. REGULAR ITEMS
* The Planning Commission held 37 regular meetings in 2000 primarily to review development
proposals. A total of 144 items were reviewed.
· Major zoning/special use permit reviews included:
ZMA-OO-O04 Fontaine_ Re__~e_arch Park - Request to amend Proffer #6 of ZMA 92-03 to
expand the 389,000-sq. ft. development limitation to 495,000 square feet. PLANNING
COMMISSION RECOMMENDED APPROVAL.
ZMA-00-005 Albemarle RPCA (New Rhelter) - The SPCA requests Board of
Supervisors approval to rezone the property from R-6, Residential, to C-1, Commercial,
to support the construction of a new facility. PLANNING COMMISSION
RECOMMENDED APPROVAL.
~p-oo-O'l Clifford Fox - Request for special use permit to allow a residential use in a
commercial zoning district in accordance with Section 18.22.2.2.6] of the Zoning
Ordinance which allows for residential uses in a commercial zone. PLANNING
COMMISSION RECOMMENDED APPROVAL.
~p-oo-o39 Montice_llo Fire_/Re__~cHe_ ~tation - Request for special use permit to allow for
a public fire/rescue station in accordance with Section 18.2.2(3) of the Zoning
Ordinance which allows for fire and rescue stations. PLANNING COMMISSION
RECOMMENDED APPROVAL.
SP-00-048 Sm,th Pnrk Snccer Pield_~ - Request to extend to the approval period for
SP 98-18, South Fork Soccer Field, approved by the Board of Supervisors on
September 9, 1998. SP 98-18 was approved to locate 5 soccer fields, a 2,000 square
foot storage building, and 216 parking spaces on approximately 72 acres. PLANNING
COMMISSION RECOMMENDED APPROVAL.
· Zoning text amendments addressed the following issues:
ZTA-00-004 Fntrance_ Corridor Overlay Di_~trict -An Ordinance To Amend Section
30.6, Entrance Corridor Overlay District, of Chapter 18 of the Albemarle County Code.
PLANNING COMMISSION RECOMMENDED APPROVAL.
ZTA-00-006 Itlni_~e_ - Ordinance to amend Chapter 18, Zoning of the Albemarle County
Code. PLANNING COMMISSION RECOMMENDED APPROVAL.
· Subdivision Text Amendments addressed the following issues:
STA-2000-O'I_ SHhdivi_~inn Ordinance - Ordinance to amend Chapter 14, Subdivision
of Land, of the Albemarle County Code by amending § 14-206, Subdivisions, & § 14-
213, General, to establish procedures for reviewing & approving subdivisions that would
result in not more than 2 lots w/in RA & YR zoning districts. PLANNING COMMISSION
RECOMMENDED APPROVAL.
An important procedural measure implemented in March, 1988 was the Consent Agenda. In 2000,
the Planning Commissions use of the Consent Agenda resulted in agenda timesaving of about 6 hours or the
equivalent of about 3 meetings.
The Commission also took action on other proposals outside of the development review area. These
included:
· Agricultural/Forestal Districts:
ReNew:
Review nf the Tnti~_r Creek A_nricHItHral/Fnre__~tal Di_~trict - Required 10-year review of
the Totier Creek Agricultural/Forestal District. The district comprises a total of 7789.622
acres.. PLANNING COMMISSION RECOMMENDED APPROVAL.
Review nf the_ Hattnn A_nricHItHral/Fnre__~tal [3i_~trict - Required 10-year review of the
Hatton Agricultural/Forestal District. The district comprises a total of 645.158 acres..
PLANNING COMMISSION RECOMMENDED APPROVAL.
Review nf the_ Hi_nh Mnwin_n A_nricHItHral/Fnre__~tal [3i_~trict - Required 1 O-year review of the
High Mowing Agricultural/Forestal District. The district comprises a total of 622.44 acres.
PLANNING COMMISSION RECOMMENDED APPROVAL.
Review nf I~ate__~ville_ A_nricHItHral/Fnre__~tal [3i_~trict - Required 10-year review of the
Batesville Agricultural/Forestal District. The district comprises a total of 915.93 acres.
PLANNING COMMISSION RECOMMENDED APPROVAL
Review nf Jacnh'_~ RHn A_nricHItHral/Fnre__~tal [3i_~trict - Required 10-year review of the
Jacob's Run Agricultural/Forestal District. The district comprises a total of 1,017.26 acres.
PLANNING COMMISSION RECOMMENDED APPROVAL
Additions:
Additinn tn Rate__~ville_ A_nricHItHral/Fnre__~tal Di_~trict - Proposal to add 38.499 acres in
one (1) parcel to the Batesville Agricultural/Forestal District. PLANNING COMMISSION
RECOMMENDED APPROVAL.
Additinn tn Kinlnch A_oricHItHral/Fnre_~tal Bi_~trict -- Proposal to add 8.85 acres in two (2)
parcels to the Kinloch Agricultural/Forestal District. PLANNING COMMISSION
3
RECOMMENDED APPROVAL.
Additinn tn Chalk MnHntain A_nricHItHral/Fnre__~tal Di_~trict - Proposal to add 48.06
acres to the Chalk Mountain Agricultural/Forestal District. PLANNING COMMISSION
RECOMMENDED APPROVAL.
Additinn tn Mnnrman'_~ River A_oricHItHral/Fnre__~tal Di_~trict - Proposal to add 81.45
acres to the Moorman's River Agricultural/Forestal District. PLANNING COMMISSION
RECOMMENDED APPROVAL.
Additinn tn Hardware_ River A_oricHItHral/Fnre__~tal Di_~trict - Proposal to add 153.48
acres in five (5) parcels to the Hardware River Agricultural/Forestal District. PLANNING
COMMISSION RECOMMENDED APPROVAL.
Comprehensive Plan Amendments:
(~PA-gR-03 Po_~t Office Land TrH_~t - Request to amend the Comprehensive Plan
designation for approximately 180 acres within the Community of Hollymead (an existing
development area). The proposal is to change land use designation from Industrial
Service, Office Service and Regional Service to a mixed-use Town Center Designation.
PLANNING COMMISSION RECOMMENDED APPROVAL.
(~PA-2000-00'I Wirele_~_~ De_~i_nn - Proposal to adopt the Design manual for Personal
Wireless Service Facilities as a component of the Albemarle County Comprehensive
Plan and to amend the utilities section of the Land Use Plan chapter of the
Comprehensive Plan to note/reference adoption of the above-noted design manual.
PLANNING COMMISSION RECOMMENDED APPROVAL.
(~PA-2000-O03 PHhlic Faciliti¢__~ - Possible location of certain larger scale public
facilities. PLANNING COMMISSION RECOMMENDED APPROVAL.
CPA 2000-04; Hi_~toric Pre__~e_rvation Plan - Proposal to amend the Albemarle County
Comprehensive Plan with an updated and expanded Historic Preservation Plan, which
provides a framework for protecting the County's significant historic resources.
PLANNING COMMISSION RECOMMENDED APPROVAL.
(~PA-2000-05 Rt_ 29--Hnllyme_ad -_Proposal to amend Albemarle County
Comprehensive Plan, Land Use Plan. The proposal is to amend the recommendations
for transportation improvements for the Hollymead Community (Development Area).
PLANNING COMMISSION RECOMMENDED APPROVAL.
V. ACTION SUMMARY
The number of actions considered by the Commission during 2000 and in each of the previous
four years is shown by category in the following table. Consent agenda items are
listed separately.
Comprehensive Plan Amendments/5 Year
Review (includes worksessions)
Zoning Text Amendments
Subdivision Ordinance Amendments
Comprehensive Plan Compliance Reviews
Zoning Map Amendments
Special Use Permits
Preliminary Site Plans
Final Site Plans
Preliminary Plats
Final Plats
Site Plan Waivers
Site Plan Amendments
Final Plat Extensions
Subdivision Waiver
A.qricultural/Forestal Districts
10
1
1
17
10
6
1
8
2
3
26
2
0
2
15
2
0
0
34
12
68 66 74 57 52
12
1
5 2
8
5
5
3
0
3
0
2
4
13
6
2
2
Preliminary Site Plans
Final Site Plans
Site Plan Waivers
Preliminary Plats
Final Plats
Agricultural/Forestal Districts
Referral of application)
IPlannin.q Commission Annual Report
0
2
23
6
1
20
4
1
13
1 1
0
0
23
2
8
8
4
0
3
VI. OTHER PLANNING ACTIVITIES
The Commission discussed a number of immediate and long-range planning issues in 2000.
Nineteen work sessions, typically of 1.5 - 2 hours' duration, were held in addition to regular items to
address the following:
· Historic Preservation Plan
· CPA-98-03 Post Office Land Trust
· STA-2000-01 Subdivision Ordinance
· Hydrogeologic Testing
· Zoning Text Amendments - Civil Penalties, Thomas Jefferson Memorial Foundation
· CPA-00-03 Public Facilities
· DISC Neighborhood Model
· Six Year Secondary Road Plan
· Meadow Creek Parkway
· Sign Ordinance
· Acquisition of Conservation Easements
Planning Commission members also served on the following committees:
Pete Craddock
CIP Technical Committee
William Finley:
Communication Tower Task Force
Purchase of Development Rights Committee
Jared Loewenstein:
Court Facilities Study Committee
Historic Preservation Committee
Charlottesville-Albemarle Regional Transportation Committee
Dennis
Rooker:
Meadow Creek Parkway Design Committee
Fiscal Impact Committee
Court Facilities Study Committee
Metropolitan Planning Organization (MPO) Tech Committee
Will Rieley:
Design Standards Handbook Committee
Bypass Design Committee
Rodney Thomas:
Rural Area Transportation Study (RATS)
City/County/University Planning & Coordination Council (PACC Tech)
Eastern Planning Initiative Advisory Committee
Tracey Hopper:
Development Area Initiatives Steering Committee
PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON
8P-2001-049. Thomas Harris (S.i~n .#79),
NAME (Please print clearly)
5 '
9
~12 ~~ ~~
1~3 ~
14
PHONE NUMBER/ADDRESS (Optional)
~. ,
15
16
17 ''
18
19
20
21
22
23
Add to end of Condition 4:
If a final site plan is not approved within six (6) months after the date the preliminary site plan
was approved, the public garage use shall cease until a final site plan is approved.
New Condition 13:
No more than a total often (10) vehicles associated with the public garage use shall be located
outside any enclosed structure. All vehicles associated with the public garage use shall be
parked only in the gravel parking area shown on the plan titled "SP 01-49 Harris Garage Concept
Plan," which is made a part of these conditions. "Vehicles associated with the public garage
use" include, but are not limited to, the vehicles of the public garage customers; and the vehicles
of the owner or occupant of the property, or any other person, that: (a) are inoperable vehicles
within the meaning of section 3.1 of the Zoning Ordinance; (b) are being or will be repaired,
equipped, restored, refurbished, or painted; (c) are having or will have body work performed on
them; or (d) are having or will have their pans or equipment removed, to be used in the repair or
equipping of other vehicles or to be sold.
RECEIVED AT BOS MEETING
Date: 02--/Z-,:~ c),~
Agenda Item #:
Clerk's Initials:
Ella Carey
From:
Sent:
To:
Cc:
Subject:
Amelia McCulley
Tuesday, February 12, 2002 5:35 PM
Sally Thomas; Walter Perkins; Charles Martin; Dennis Rooker; David Bowerman; Lindsay
Dorder
Bob Tucker; Tom Foley; Larry Davis; Wayne Cilimberg; Greg Kamptner; Ella Carey
S.P. 01-49 Thomas Hards Garage - staff revised conditions of approval
Planning, Zoning and County Attorney's office staff have worked together to further clarify and
improve the recommended conditions for this special permit which will be heard tomorrow night.
None of the recommended changes are substantive and they are consistent with the Commission's
action. The revised language serves to state the conditions more clearly and to establish time
frames for making applications for approvals / permits in accordance with the Commission's intent.
Greg will be contacting the applicant's attorney to go over the revisions prior to the meeting. We are
of the opinion that this language will be clearer and easier to enforce.
I apologize for getting this to you so late. We had intended to have this review completed and
revised conditions forwarded to you in the packet for tomorrow. It has been exceptionally busy and
harrisconditions021202
we could not.
This will not become a habit; it's an exception.
SP 01-49 Thomas Harris Gara;;e
Staff recommended conditions of approval
2-12-02
=
The public garage use is limited to repairing and equipping vehicles unless condition
8 is satisfied and body work and vehicle painting is permitted. In that case, repairing
and equipping vehicles shall be the pdmary uses, and body work and vehicle painting
shall be conducted only as accessory uses.
The permittee shall post and maintain a bond or other form of security, subject to the
approval of the County Attorney, in the amount of ten thousand dollars ($10,000) to
address any violation of the uniform building, electrical, tire prevention or plumbing
codes or the Zoning Ordinance on the property. The County, including its officers,
employees and agents, shall have the authority to enter the property and abate or
remove the violation(s) after thirty (30) days following the issuance date of a written
Notice of Violation, using funds from the secudty to pay for the cost of abatement.
Within three (3) months following approval of this special use permit, the permittee
shall apply for a commercial entrance that meets Virginia Department of
Transportation (VDOT) specifications, including all specifications for sight distance.
in order to satisfy the specifications for sight distance, VDOT may require a sight
easement on the adjacent property to the north to accommodate the relocation of the
ddveway on the subject property. The commercial entrance shall be completed to
the satisfaction of VDOT within three (3) months following approval of the site plan or
site plan waiver.
Within one (1) month following approval of this special use permit, the permittee shall
submit to the County either a site plan or an application for a site plan waiver and
shall obtain preliminary site plan approval or approval of a site plan waiver. If a
preliminary site plan is approved, within one (1) month of that approval the permittee
shall submit for approval the final site plan.
Within three (3) months following approval of this special use permit, the permittee
shall apply for approval from the Virginia Department of Environmental Quality (DEQ)
for stodng oil, radiator fluid and other chemicals associated with the public garage.
Storage shall conform to all requirements of DEQ. The chemicals shall be stored
under a shelter with overhead coverage.
Within three (3) months following approval of this special use permit, the permittee
shall obtain written approval from the County Department of Fire and Rescue of a
means to contain accidental or incidental spills from storage drums or containers and
a spill containment system.
Within three (3) months following approval of this special use permit, the permittee
shall either remove or demolish one of the dwelling units on the property, or convert it
so that it is no longer a dwelling unit within the meaning of the Zoning Ordinance, as
determined by the Zoning Administrator.
Within one (1) month following approval of this special use permit, the permittee shall
submit to the DEQ a Form 7 application for an air permitting determination for the
paint opera~on. The permittee shall comply with all rules and regulations imposed by
DEQ. If a Form 7 application is not submitted or if the permittee fails to comply with
SP 01-4,9 Thomas Harris Garage
Staff recommended conditions of approval
2-124)2
10.
11.
12.
13.
14.
15.
16.
17.
18.
all rules and regulations imposed by DEQ, body work and spray painting vehicles is
prohibited.
Gasoline sales are prohibited.
The sale or rental of vehicles or other motorized equipment is prohibited.
All repairing or equipping of vehicles shall take place inside the existing garage, with
the exception of vehicles being repaired on the vehicle lilt located adjacent to the
garage.
The outdoor storage of parts, equipment, machinery and junk is prohibited.
No more than a total of ten vehicles shall be loCated outside the existing garage in
the gravel parking area shown on the plan titled "SP 01-49 Harris Garage Concept
Plan," which is made a part of these conditions. Such vehicles shall not be parked in
any other location on the property.
Within three (3) months following approval of this special use permit, the permittee
shall obtain written Fire Official approval of the garage operation.
Within three months following the approval of this special use permit, the permittee
shall apply for Health Department approval of the septic system. The septic system
shall comply with Health Department requirements.
Within three (3) months following approval of this special use permit, the permittee
shall obtain written Engineering Department approval of the waste disposal and
collection methods.
The hours of operation shall be between 8 A.M. and 8 P.M., Monday through
Saturday. These hours of operation do not prohibit customers from dropping off
vehicles before 8 A.M. on the days of operation.
Within three (3) months following approval of the site plan or site plan waiver, the
permittee shall install and thereafter maintain a minimum 20,foot deep landscape
evergreen-screening buffer to shield the view of the garage from adjacent properties
and Markwood Road. The screening buffer shall be located in the approximate area
labeled "gravel parking," and between the building and the street, as shown on the
"SP 01-49 Harris Garage Concept Plan.~ The spacing and materials used in the
landscape buffer shall be approved by the Planning Director. The permittee shall
also submit a landscape plan with the site plan application.
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
SP 01-49 Thomas Harris Garage
UPDATE:
Joan D. McDowell
January 15, 2002
February 13, 2002
In consideration of recommended condition number seven, in the January 15, 2002,
executive summary, concerning the elimination of the body and paint portion of the
operation, the Planning Commission requested that staff research mitigation measures for
environmental impacts of the use. The following information has been obtained from the
Virginia Department of Environmental Quality:
Automobile and light duty truck coating application systems are exempt from the
requirements of 9VAC5-80-10:
a. Any coating application system if it is within a plant that has an uncontrolled
emission rate of not more than seven tons per year, 40 pounds per day and eight
pounds per hour.
b. Any vehicle refinishing operation.
Although this proposed paint operation appears to be exempt from air quality
regulations, for an official determination by DEQ, an application for an air quality
review (Form 7) can be required by the Board of Supervisors. The submittal of a
Form 7 would generate a visit the site by a DEQ inspector for a determination of the
environmental impacts of this operation.
Thus, the following substitute condition of approval (number seven) would require that
the applicant comply with any applicable regulations should the Board approve the paint
and body operation.
Submit to the Virginia Department of Environmental Quality (DEQ) a
Form 7 application for an air permitting determination for the paint
operation within one month of the approval of SP 01-49. The applicant
shall comply with all rules and regulations imposed by DEQ.
Return to Commission Actions
View Staff Report
SP 01-49 Harris Auto
06/09/02
ON DEC. 18TM THE PLANNING COMMISSION CONTINUED SP 01-49 TO THIS
MEETING, IN ORDER FOR STAFF TO VERIFY CONDITIONS ON THE
PROPERTY.
On January 7th, after notifying the applicant, both planning and zoning staff went to the
property. Photos taken during this visit were included in the executive summary as
Attachment One.
The executive summary includes a list of items observed outside the building on January
7th and it should be noted that approval of the special use permit with the conditions of
approval would abate all zoning violations with two exceptions: the body and paint
operation and the number of vehicles outside the building.
A letter was received by the Planning Department this morning from the applicant. A
copy of the letter has been placed in front of you. In summary, the applicant has stated
objections to the restrictions that would be imposed by Conditions 6 and 11 (renumbered
9 and 14 in this report). Condition 9 would eliminate the bodywork and paint booth.
Condition 14 would restrict the number of vehicles outside the building and not on the
vehicle lift to five.
The zoning ordinance definition for a public garage is "a building or portion of thereof,
other than a private garage, designed or used for servicing or repairing motor driven
vehicles." The zoning definition for a "body shop" is "a facility, other than a private
garage, designed or used for the repair, replacement and or restoration of the body and or
chassis parts of motor vehicles, including collision repairs, in which mechanical repairs
are performed only as is incidental and necessary to such body work."
Body shops are restricted in Albemarle to Light Industrial, Industrial and Commercial
PUD zones. By this, it is clear that body and paint shops were not believed suitable uses
within the Rural Area zone. Also, research results of the applications for public garages
in the Rural Area since 1990 shows that none of these approvals included approval of
paint and body operations.
This research also shows that the number of vehicles allowed to be stored outside the
building ranges from two to six. The garage allowed six cars outside was first allowed
four but permitted to expand to six two years later. The applicant requested eight but the
Commission and Board restricted it to six. Although there is a condition requiring
landscape screening, it takes time for the landscape to reach a point that it provides
adequate screening. Also, the garage and cars would still be visible from the road at the
entry. More importantly, the limiting the number of vehicles stored outside effectively
limits the garage business to a scale that has consistently been seen as appropriate for the
rural area.
The applicant has stated that he cannot control the number of cars left outside and that
restricting the business (paint and body) would "curtail his ability to make a go of his
business." Staff has consistently been supportive of public garages within the rural area
provided the scale of operation is appropriate. The conditions of approval listed here
would ensure that the scale is appropriate. However, as the applicant is not agreeable with
the conditions, staff recommends disapproval of SP 01-49 Harris Garage. Should the
Commission recommend approval, there staff requests two changes in the conditions:
Cond. 2 - add "or other security" after bond at the beginning and end of the condition.
Cond. 13 - in the parenthesis, change condition eleven to condition 14 to reflect the
renumbered conditions.
Return to Regular A~enda
View Staff Report
View Executive summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
SP 01-49 Harris Garage
SUBJECT/PROPOSAL/REQUEST:
Special use permit to allow a public garage in accordance with
Section 10.2.2.37 of the Zoning Ordinance. The property is located
in the White Hall Magisterial District at 6929 Markwood Road.
STAFF CONTACT(S):
Joan McDowell
REVIEWED BY:
Cilimberg
AGENDA DATE:
January 15, 2002
ACTION:
Yes
CONSENT AGENDA:
ACTION:
No
ATTACHMENTS:
Yes
ITEM NUMBER:
INFORMATION:
Go to Recommendation
BACKGROUND:
On December 18, 2002, the Planning Commission continued SP 01-49 to January 15, 2002. As staff could not
verify that all zoning violations had been removed on the date of the hearing, the Commission requested that
staff revisit the property.
DISCUSSION:
On January 7, 2002, the applicant was advised that staff would be making a site visit that afternoon. Both
Planning and Zoning staff visited the site. Photographs taken during this site visit are included as Attachment I.
Staff observed the following materials and vehicles stored outside the garage building:
· Ten vehicles and one trailer;
· One RV trailer was located on the outside vehicle lift;
· Drums containing waste oil and tailpipe materials (pipes for exhaust);
· Pallets of brick had not been removed from the area. However, the applicant has indicated that the bricks
would be used in the construction of the covered storage area for the tailpipe material and waste oil
containers;
· One trailer containing an undetermined object in front of the building;
· In addition, the tractor-trailer (with Pepsi logo) appears to have been relocated across the street at 6820
Markwood Road.
As evidenced by a comparison of the photographs taken on previous site visits and the photographs taken on
January 7th, most of the materials and vehicles stored outside the building observed on previous site visits have
been removed from this site. With the exceptions of the paint body and paint booth and the excessive number
of vehicles and trailers parked outside the building, no zoning violations that would not be addressed by
SP 01-49
Harris Garage
1/15/02
compliance with the conditions of approval, along with approval of the special use permit were observed on
January 7, 2002.
On more than one occasion, including during the applicant's testimony at the public hearing on December 18th,
the applicant stated that he would have difficulty operating his business with no more than five vehicles stored
outside the building and that he objected to the elimination of the body repair and paint functions. Both the
limitation of vehicles permitted to be stored outside and a condition eliminating body and paint work is
consistent with other public garage applications in the Rural Area and would serve to limit the scale of this
operation.
It is understood that the applicant would prefer that his public garage be operated on a scale out of proportion
with previous applications for this use. However, in order to establish consistency with the character of the
Rural Area and compatibility with the neighboring area, staff contends that conditions of approval to mitigate
the negative impacts of this garage on the community are vital. Therefore, staff's can only recommend for
approval with the recommended conditions, as noted below. If the applicant is not agreeable to these
conditions, staff recommends disapproval of this application.
It should be noted also that as the tires have been removed from the area adjacent to Beaver Dam Creek,
Condition 18 in the staff report for the December 18 hearing has been removed and that deadlines for
compliance have been included in the conditions, as appropriate. In addition, a condition has been added that
would require the posting of a bond to address any violations. The bond would ensure that zoning violations
would be abated within thirty days of receiving notice or that the County can call the bond and perform clean-
up. Also, failure to comply with the conditions of approval may result in revocation of the special use permit.
Staff has also received two letters (included as Attachments I! and IID raising concerns regarding the proposed
application.
RECOMMENDATION:
Staff only recommends approval of SP 01-49, subject to the use operating in compliance with the Zoning
Ordinance and the following conditions:
1. Neither the public garage use nor the existing garage shall be commenced or continued, and the existing
garage shall not be used or occupied until after the County has issued a Certificate of Occupancy and
Zoning Clearance for the use and for the garage.
2. A bond, subject to the approval of the County of Albemarle County Attorney, shall be posted in the amount
of $10,000 to address any violation of the Building or Zoning Ordinance on the property. The County of
Albemarle shall have the authority to enter the property and remove the violation(s) 30 days following the
issuance of a Notice of Violation, using funds for the abatement from the bond.
3. Failure to comply with the conditions of approval may result in revocation of the special use permit.
4. Within three months following approval of this special use permit, completion of a commercial entrance that
meets Virginia Department of Transportation (VDOT) specification shall be required. VDOT specifications
for sight distance shall be required. A sight easement for relocation of the driveway may be required on the
adjacent property north of the subject property, in order to meet the required sight distance.
5. A site plan or approval of a site plan waiver application shall be required to be submitted no later than 30
days following approval of this special use permit.
6. The Virginia Department of Environmental Quality (DEQ) requires storage of oil, radiator fluid and other
chemicals associated with the requested special use permit to be stored under a shelter with overhead
Sp 01-49
Harris Garage
1/15/02
2
coverage. DEQ approval of the storage of chemicals shall be required within three months of the approval
of this special use permit.
7. A means to contain accidental/incidental spills from storage drums/containers and a spill containment
system shall require Engineering Department approval within three months of the approval of this special
use permit.
8. Within three months of the approval of this special use permit, one of the dwelling units on the property
shall be converted so that it does not meet the definition of a dwelling unit.
9. No body work or spray painting of vehicles shall be permitted. The paint booth shall be removed within
three months following the approval of this special use permit. This use is limited to repairing and equipping
vehicles.
10. No gasoline sales shall be permitted.
11. No sale or rental of vehicles shall be permitted.
12. All repair or equipping of vehicles shall take place inside the existing garage, with the exception of vehicles
being repaired on the vehicle lift located adjacent to the garage.
13. No outside storage of parts, including junk parts or inoperable (with the exception of vehicles waiting repair
or waiting to be picked up, as described in condition number eleven) or unlicensed vehicles shall be
permitted. All outdoor storage existing on the date of the approval of this permit shall comply with this
condition within 30 days of the Board of Supervisor's approval of this special use permit.
14. With the exception of one vehicle located on the vehicle lift adjacent to the garage, no more than a total of
five vehicles pending repair or waiting to be picked up by the owner following repair shall be located
outside the existing building in the gravel parking area noted on the plan titled, SP 01-49 Harris Garage
Concept Plan" in Attachment A.
15. The Fire Official approval of the garage operation shall be required within three months following the
approval of this special use permit.
16. Health Department approval of the septic system shall be required within three months following the
approval of this special use permit.
17. The Engineering Department approval of the waste disposal and collection methods shall be required.
18. Hours of operation shall be limited to 9 A.M. to 8 P.M. Monday through Saturday.
19. Within three months following the approval of this special use permit, a minimum 10-foot wide landscape
evergreen-screening buffer shall be installed to shield view of the garage from adjacent properties and
Markwood Road, in the approximate area labeled gravel parking and between the building and the street.
The location and materials used in the landscape buffer shall meet the requirements of Section 32.7.9.8a of
the Zoning Ordinance. A landscape plan shall be required for submittal with the site plan application.
Return to Re.qular A.qenda
Return to Commission Action
View Update to Executive summary
ATTACHMENTS:
View: I - Photographs (18) taken on January 7, 2002
View: II - Letter dated December 28, 2001, from Michael and Kathv Wood
View: III - Letter dated January 7, 2002, from Mason Fisher
View: IV- Staff Report (SP 01-49 dated December 18, 2001)
View: Comparison of Public Gara.cle Applications
View: Accident Data Report
SP 01-49
Harris Garage
1/15/02
3
January 22,2002
Glenn Branham
1511 Melbourne Road
Charlottesville,VA 22901
RE: SP-2001-049 Thomas Harris (Sign#79); Tax map 8, Parcel 35A
Dear Mr. Branham;
The Albemarle County Planning Commission, at its meeting on January 15, 2002, unanimously
recommended approval of the above-noted petition to the Board of Supervisors. The Commission also
gave staff the directive to provide the Board of Supervisors with parameters and enforcement mechanisms for
environmental protection in the event that it would like to remove the condition regarding spray painting and
bodyshop work. Please note that this approval is subject to the following conditions:
1. A bond or other form of security, subject to the approval of the County of Albemarle County Attorney, shall
be posted in the amount of $10,000 to address any violation of the Building or Zoning Ordinance on the
property. The County of Albemarle shall have the authority to enter the property and remove the
violation(s) 30 days following the issuance of a Notice of Violation, using funds for the abatement from the
bond security.
2. Within three months following approval of this special use permit application for a commercial entrance that
meets Virginia Department of Transportation (VDOT)specification shall be required. VDOT specifications
for sight distance shall be required. A sight easement for relocation of the driveway may be required on the
adjacent property north of the subject property, in order to meet the required sight distance.
3. A site plan or a site plan waiver application shall be required to be submitted no later than 30 days
following approval of this special use permit.
4. The Virginia Department of Environmental Quality (DEQ) requires storage of oil, radiator fluid and other
chemicals associated with the requested special use permit to be stored under a shelter with overhead
coverage. DEQ application for the storage of chemicals shall be required within three months of the
approval of this special use permit.
5. A means to contain accidental/incidental spills from storage drums/containers and a spill containment
system shall require Engineering Department approval within three months of the approval of this special
use permit.
6. Within three months of the approval of this special use permit, one of the dwelling units on the property shall
be converted so that it does not meet the definition of a dwelling unit.
Page 2
January 22, 2002
7. No body work or spray painting of vehicles shall be permitted. The paint booth shall be removed within
three months following the approval of this special use permit. This use is limited to repairing and equipping
vehicles.
8. No gasoline sales shall be permitted.
9. No sale or rental of vehicles shall be permitted.
10. All repair or equipping of vehicles shall take place inside the existing garage, with the exception of vehicles
being repaired on the vehicle lift located adjacent to the garage.
11. No outside storage of parts, including junk parts or inoperable (with the exception of vehicles waiting repair
or waiting to be picked up, as described in condition number thirteen or unlicensed vehicles shall be
permitted. All outdoor storage existing on the date of the approval of this permit shall comply with this
condition within 30 days of the Board of Supervisor's approval of this special use permit.
12. No more than a total often vehicles shall be located outside the existing building in the gravel parking area
noted on the plan titled, SP 01-49 Harris Garage Concept Plan" in Attachment A. Such vehicles shall not
be parked in any other location on the property.
13. The Fire Official approval of the garage operation shall be required within three months following the
approval of this special use permit.
14. Health Department application for the septic system shall be required within three months following the
approval of this special use permit.
15. The Engineering Department approval of the waste disposal and collection methods shall be required.
16. Hours of operation shall be limited to 9 A.M. to 8 P.M. Monday through Saturday.
17. Within three months following the approval of this special use permit, a minimum 10-foot wide landscape
evergreen-screening buffer shall be installed to shield view of the garage from adjacent properties and
Markwood Road, in the approximate area labeled gravel parking and between the building and the street.
The location and materials used in the landscape buffer shall meet the requirements of Section 32.7.9.8a of
the Zoning Ordinance. A landscape plan shall be required for submittal with the site plan application.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on February 13, 2002. 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.
Return to Regular Agenda
View Executive Summau
View Update to Staff Report
View Staff Report
View Planning Commission minutes of December 18, 2001
View Planning Commission minutes of January 15, 2002
If you should have any questions or comments regarding the above noted action, please do not hesitate
to contact me.
Sincerely,
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Joan D. McDowell
December 18, 2001
January 16, 2002
SP 01-49 Thomas Harris Garaqe
Applicant's Proposal: The applicant has requested a special use permit to be allowed to
continue operating a public garage (vehicle repair shop) in a corrugated metal building to the rear
of his residence. The three-bay garage has been in operation since 1959. The garage was
issued a written Notice of Violation by the Zoning Department for both building code and zoning
violations in 1995 (see background section below for additional information). After several years
of Board of Zoning Appeals hearings and court hearings, the applicant agreed to submit an
application for a special use permit for a public garage.
The requested hours of operation are from 9 A.M. to 8 P.M. Monday through Saturday. The
applicant has also requested that the special use permit allow two employees. The number of
vehicles parked outside was twenty-five on staff's initial site visit. The applicant stated that
typically the amount of cars parked outside might be a little less than twenty-five. He stated that
he owns several of the cars. The property is located at 6929 Markwood Road (Route 664).
View Planninff Staff Comments
View Plannin~ Staff Recommendation
Petitions: Request for special use permit to allow a public garage (auto repair shop) in
accordance with Section 10.2.2.37 of the Zoning Ordinance. The property, described as Tax Map
08 Parcel 35A, contains 3.17 acres. The garage and parking area covers one-half acre of the
property. The property is located in the White Hall Magisterial District at 6929 Markwood Road
approximately one-half mile north of Davis Shop Road. The property is zoned RA, Rural Areas
District. The Comprehensive Plan designates this property as Rural Area.
Character of the Area: A mixture of residential and agricultural uses characterizes the area.
Beaverdam Creek is located to the rear of the property, at a lower elevation. A garage that was
in active use until two or three years ago, according to the applicant, is located on an adjacent
property owned by the applicant's brother. The applicant's brother, Dennis Harris, does not have
an active business license for a garage on the property at 6919 Markwood Road.
Plannin,q and Zonin,q History:
(Summary provided by the Zoning Department)
· 1962 - The Harris family moved to the property. We have been told that Mr. Harris Sr.
opened a public garage close to this time, or by 1966. Repair work on vehicles was done
from a garage and shed in the rear of the property. This is not the same area or Mr.
Harris, Jr., (the applicant of SP 01-49) are currently usin.q the same structure (.qara.qe)
as.
· 1989 - the County issued a building permit for a "pole shed." This is the subject garage.
Since this date, there has been a business license for a garage on this property.
· December 1990 - Thomas Harris, Sr. died.
· February 10, 1992 - The County signed the plat dividing what had been Thomas Harris Sr.'s,
parcel 35A into two parcels, lot A (the subject property) and lot B.
· April 25, 1994 - The County issued a building permit for an addition to the garage. This was
fora 14 ft. x 47-ft. addition to the enclosed pole shed built in 1959. The construction had
been done prior to approval of a permit. {No certificate of occupancy has been issued for this
building addition. This is one of the charges of violation.}
SP0149 Harris Garage.doc ]
06/09/02
· June 7, 1995 - Mr. Harris was notified by Jesse Hurt, Building Official, that "this commercial
garage is in violation of the building code and also the County Zoning Ordinance."
· October 2, 1995 - The first written official determination of zoning violation (V95-128) for this
garage use.
· October 4, 1995 - Mr. Harris was again notified by Jesse Hurt, Building Official, that the
commercial garage was a violation and that he must cease this operation.
· November 6, 1995 - Mr. Harris appealed the determination of violation.
· November 6, 1996 - the Board of Zoning Appeals affirmed the Zoning Administrator's
decision that Mr. Harris' expanded operation of a commercial garage into a structure built
post-ordinance is a violation without approval of a special permit.
· This BZA decision was appealed to Circuit Court.
· December 27, 1996 - letter from Greg Kamptner, Assistant County Attorney, to Charles
Haugh, Attorney for Appellant, confirming that the BZA did not need to file a responsive
pleading. The case was continued to allow Mr. Harris to pursue a special permit for the
public garage.
· February 13, 1998 - letter from Amelia G. McCulley, Zoning Administrator to Thomas or
Theresa Harris, offering assistance to obtain zoning compliance.
· June 14, 2000 - the Albemarle County Zoning Ordinance relating to Section 6 "Non-
conformities," was comprehensively amended.
· March 5, 2001 - The Zoning office received a citizen's complaint that Mr. Harris was running
a business out of the garage, painting cars, etc.
· March 7, 2001 - Issuance of the official determination of violation letter that is hereby
appealed.
· April 6, 2001 - Harris appeals determination of zoning violation. The zoning appeal stays
further proceedings against the zoning violation. Appeal 2001 - 002 was scheduled for the
Board of Zoning Appeals for June 5, 2001. It has not been heard but has been deferred
numerous times, to allow the applicant to apply for special permit approval. On October 2nd,
th
the BZA deferred it until the December 4 meeting.
· December 4, 2001 - The Board of Zoning Appeals upheld the Zoning Notice of Violation.
This property has been cited in violation several times through the years. This special use permit
could resolve/abate the existing violations. Currently there are three establishments on the
property: the residence of Mr. and Mrs. Thomas Harris; a dwelling which has been a rental unit in
the past but is currently used for storage; and the 3-bay garage. The garage is being operated
without a special use permit in violation of Section 10.2.2.37. In addition, Section 4.1.3 requires a
minimum lot of 60,000 square feet per commercial or industrial establishment or per dwelling unit
as the case may be. Therefore, to have three existing uses, the parcel would have to be a
minimum of 180,000 square feet or 4.13 acres. Since the parcel is only 3.17 acres, Mr. Harris
has agreed that if SP 01-49 is approved, he will physically convert the rental unit so that it will no
longer meet the definition of a dwelling unit.
Zoning and planning staff met with the applicant's attorney on November 13, 2001, to discuss the
application. Photographs taken by staff on October 26, 2001, showing twenty-five vehicles, a
tractor-trailer, car parts, drums, pipes, two RV's, and other materials being stored outside were
shown to the attorney (photos included as Attachment B). He stated that he would advise his
client to remove the vehicles not being repaired, the tractor-trailer, and materials being stored
outside.
On November 27, staff received a call from Glen Branham, the special use permit application
contact person, requesting information regarding what items would need to be removed. Staff
explained that the County was concerned with the preservation of the Rural Area character and
with the integrity of the neighborhood.
When the applicant was contacted on the morning of November 28, he stated that nothing had
been removed from the site. The Zoning Administrator and project planner visited the site on the
SP0149 Harris Garage.doc 2
06/09/02
afternoon of November 28. At that time, several cars were parked next to the garage. According
to the applicant, with the exception of two cars, the applicant owned all the vehicles. In addition,
six cars and several storage drums had been moved to a site at a lower elevation on the rear of
the property near Beaverdam Creek. The applicant advised that they were to be removed on the
following weekend. The tractor-trailer, waste oil drums, one personally owned RV, along with pipe
and car parts had not been removed. Photographs are included as Attachment C.
On December 6, staff made another site visit to ascertain cleanup progress. The tractor-trailer
had been removed, but twenty vehicles were parked outside. In addition, pallets of brick had been
moved from an area next to the garage to a clearing next to Beaverdam Creek. In that same
area, used tires were being stored. One of the tires was in the creek. Photographs are included
as Attachment D.
Comprehensive Plan: The property is located within the Rural Area land use designation of the
Comprehensive Plan. The analysis of previous, similar applications have identified three
considerations for Rural Area special use permits: 1) uses which are directly supportive of
agriculture/forestry, the Comprehensive Plan's highest priority land uses; 2) uses which are
supportive of tourist economy, such as gift, craft and antique shops; and 3) uses which provide
basic support services to the rural area, such as country stores, day care, and public garages.
According to the applicant, the closest similar business is about seven miles away. He has stated
that this garage provides a support service to the Rural Area.
Although the proposed garage would provide a service to the residents of the Rural Area, the
past operation of this business, as evidenced by the photographs in the attachments, as well as
existing outstanding zoning and building violations, has raised concerns. Without eliminating
zoning and building violations and compliance with the conditions of approval, the garage would
not be compatible with the either character of the Rural Area or of the surrounding community.
Conditions of approval are offered for consideration that would mitigate negative impacts of this
business on the Rural Area and the adjacent properties.
RECOMMENDATION:
Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the
zoning ordinance and does not recommend approval until all zoning and building violations not
addressed by this special use permit are eliminated. With the elimination of these violations, staff
does not recommend approval of the scale of the operation that has existed on the site or the
scale desired by the applicant. However, staff can recommend approval of a lessor operation
with appropriate conditions.
STAFF COMMENT:
Staffwill 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 all special use
permits permitted hereunder. Special use permits for uses as provided in this ordinance
may be issued upon a findinq by the Board of Supervisors that such use will not be of
substantial detriment to adjacent property.
With proper maintenance and with appropriate restrictions and conditions, this operation could be
run in a manner that would not be inconsistent with the character of the area. However, there is
history that raises questions as to the ability of the applicant to maintain this business in a manner
that would not conflict with the character of the rural area or the adjacent neighborhood.
that the character of the district will not be chanqed thereby,
SP0149 Harris Garage.doc 3
06/09/02
As the garage is unshielded from view of the street, a condition of approval requiring minimum of
ten-foot landscape screening border between the area of operation and the street would be
recommended. In addition, conditions are offered to restrict outside storage of vehicles and
materials, to protect the character of the district.
and that such use will be in harmony with the purpose and intent of this ordinance,
The site is located in the Rural Areas District. A public garage is permitted as a use by special
use, provided that impacts can be mitigated through conditions of approval, in recognition of the
need to provide limited services in the Rural Area. This approach is reflective of the intent of the
zoning ordinance as stated in Section 1.4.3, "to facilitate the creation of a convenient, attractive,
and harmonious community." This request would provide convenient garage service to the
surrounding community, as no other similar garage is located within seven miles, according to the
applicant. However, the property contains zoning violations that are not in harmony with the
intent of the ordinance.
In researching other similar special use permits for public garages in the Rural Area, conditions
have been approved that limit the scale of operation, including the hours of operation; the number
of vehicles allowed outside the building -from two to four; no bodywork or spray painting; number
of employees; no outside storage; and all work conducted within the building.
with the uses permitted by ri,qht in the district,
The proposed use would not interfere with the uses permitted by right in the district.
with additional requlations provided in Section 5.0 of this ordinance,
No regulations are found in Section 5.0 of the Zoning Ordinance.
and with the public health, safety and .qeneral welfare.
The Department of Transportation and County Engineering Department have advised that sight
distance will be required at the entrance. A condition of approval has been offered to address
these comments. In addition, approval of the storage methods for waste materials will require
approval from the Department of Environmental Quality, as well as the County Engineering
Department. A storage shelter would be required to be constructed over the waste oil drums. The
applicant has indicated that he would place the tailpipes within the storage. Also, all storage of
materials will be required to be removed from the flood plain.
SUMMARY:
A. Staff has identified the following factors favorable to this application:
1. The use would provide a service to the surrounding community.
B. Staff has identified the following factors unfavorable to this application:
1. This use is consistent with the Rural Area, provided that all impacts of this use can be
mitigated.
2. The garage operation, if operated as it has been, compromises the character of the Rural
Area district, visually, environmentally, and with its traffic impact.
RECOMMENDED ACTION:
SP0149 Harris Garage.doc 4
06/09/02
Based on the findings contained in this staff report and the existing conditions on the property,
staff does not recommend approval of SP 01-49.
However, if the use is operated in compliance with the Zoning Ordinance and the following
conditions, staff could recommend approval of a lower scale, less intense operation than
requested by the applicant, as conditioned below:
1. A commercial entrance that meets Virginia Department of Transportation (VDOT)
specification shall be required. VDOT specifications for sight distance shall be required. A
sight easement for relocation of the driveway may be required on the adjacent property north
of the subject property, in order to meet the required sight distance.
2. A site plan or approval of a site plan waiver application shall be required.
3. The Virginia Department of Environmental Quality (DEQ) requires storage of oil, radiator
fluid and other chemicals associated with the requested special use permit to be stored
under a shelter with overhead coverage. DEQ approval of the storage of chemicals shall be
required.
4. A means to contain accidental/incidental spills from storage drums/containers and a spill
containment system shall require Engineering Department approval.
5. Within 90 days of the Board of Supervisor's action on this application, one of the dwelling
units on the property shall be converted so that it does not meet the definition of a dwelling
unit.
6. No body work or spray painting of vehicles shall be permitted. This use is limited to repairing
and equipping vehicles.
7. No gasoline sales shall be permitted.
8. No sale or rental of vehicles shall be permitted.
9. All repair or equipping of vehicles shall take place inside the existing garage, with the
exception of vehicles being repaired on the vehicle lift located adjacent to the garage.
10. No outside storage of parts, including junk parts or inoperable (with the exception of vehicles
waiting repair or waiting to be picked up, as described in condition number eleven) or
unlicensed vehicles shall be permitted. All outdoor storage existing on the date of the
approval of this permit shall comply with this condition within 30 days of the Board of
Supervisor's approval of this special use permit.
11. With the exception of one vehicle located on the vehicle lift adjacent to the garage, no more
than a total of five vehicles waiting repair or waiting to be picked up by the owner following
repair shall be located outside the existing building in the gravel parking area noted on the
plan titled, SP 01-49 Harris Garage Concept Plan" in Attachment A.
12. The Fire Official approval of the garage operation shall be required.
13. Health Department approval of the septic system shall be required.
14. The Engineering Department approval of the waste disposal and collection methods shall be
required.
15. Hours of operation shall be limited to 9 A.M. to 8 P.M. Monday through Saturday.
16. The existing garage may be used and occupied only after the County has issued a
Certificate of Occupancy and zoning clearance for the intended use.
17. A minimum 10-foot wide landscape evergreen-screening buffer shall be installed to shield
view of the garage from adjacent properties and Markwood Road, in the approximate area
labeled gravel parking and between the building and the street. The location and materials
used in the landscape buffer shall meet the requirements of Section 32.7.9.8a of the Zoning
Ordinance. A landscape plan shall be required for submittal with the site plan application.
18. ,All outside storage of materials shall be removed from the flood plain no later than 30 days
of the Board of Supervisors approval of this special use permit.
SP0149 Harris Garage.doc 5
06/09/02
COMPARISON OF PUBLIC GARAGE APPLICATIONS FOR THE
PAST 12 YEARS (CONTENDED CO'NDITIONS) AND SP 01-49
HARRIS GARAGE
SP 90-13 George Hall (TM 101-12C Rural Area) Denied 1. No paint or body work.
2. No more than 4 vehicles outside.
SP 90-105
SP 92-008
SP 94-31:
SP 96-44
J.D. Catlett (TM 131-39A Rural Area/Scottsville) Denied
1. No paint of body work
2. No more than 4 vehicles outside.
Robert Frazier (TM 114-48 Rural Area) Approved
1. No paint or body work.
2. No more than 2 vehicles dutside (behind gar. age).
George,.Hall (TM 95-12B1 (Rurai'~-ea) .. Approved:.
1. No paint of body work. .. ':'" ?~,; --
2. No more than 4 vehicles outside.
Buddy's Garage - expansion (TM 95-12B1)
1. No paint or body work.
2. No more than 6 vehicles outside
(applicant requested 8).
Approved
SP 0149 Harris Garage
Application Comparison
January 15, 2002
Page 1 of l
ATTACHMENT I
'.¢ +,/'~
t
15
.~
RE: SP 00-49 Thomas Harris Garage
Objections to conditions
recommended by the Planning Staff
At the Commission's request, Petitioner lists his
objections to proposed Conditions Nos. 6 and 11 of the Staff
Report.
Condition No. 6. No body work or spray painting shall
be permitted. This use is limited to repairing and equipping
vehicles.
Petitioner has been performing mechanical, body work
and painting ever since opening his business and a
restriction of this type would greatly curtail his ability
to make a go of his business.
~ Petitioner has already exp~nded a great deal of money
· '~ making improvements for spray painting as required by
'county inspector~.
As a result of the requirements of county inspectors,
the work area functions of the building have been separated
so that there is a separate area for mechanical and body
work and a separate area or room for the painting.
Painting and body work are integral parts of the
repair business and are often part of a single repair job.
Wrecked or dan%aged cars, for instance, often involve
~echanica! work, body work and painting.
Most customers would not bring their wrecked cars in
for repair if they knew.that I was limited to doing the
mechanical work only and that they would have to take their
car elsewhere for the body work and/or painting. Most people
do not like to take their car to two different places for
repair.
I am not sure what the term "equipping" means as a
limitation, as parts are necessary for all of the work.
The only objection voiced as to painting was made by
Mr. and Mrs. Delmar Morris but I have painted four vehicles
for them in the recent past.
Condition No. 11. With the exception of one vehicle
located on the vehicle lift adjacent to the garage, no more
than a total of five vehicles waiting repair or waiting tobe
picked up by the owner following repair shall be located
outside the existing building in the gravel parking area
noted on the plan titled, SP 01-49 Harris Garage Concept
plan" in Attachment A.
I see no reason for this limitation, especially since a
buffer is required in Condition No. 17 to shield the parking
area.
In many situations, I have no control over the number
of cars dropped off or left by customers.
Often customers, without any prior announcement, will
drop their cars off during the early morning or late night
hours just leaving a note on the car telling me what they
want done, or asking for an estimate for work to be done.
Likewise, once a car is fixed and the customer is
notified, the car will remain there because the customer is
waiting until pay day to come pick it up, or as is sometimes
the case, the customer is on vacation or out of town and
cannot be reached.
Sometimes the ~ustomer, for variou~ ~t~r reasons, just
~st$.t~e car stay here until .they get .around to picking it
Sometimes the cars remain there for while parts are
being found and ordered and this takes time.
Many obsolete parts are needed to repair older cars and
it is necessary to call around to many places to find the
Darts. Even on newer cars it takes awhile to find parts
because dealerS no longer keep a large inventory on hand.
And even after the parts are located, I have to go pick
them up since we have no delivery service.
Mr. Delmar Morris knows about the time it takes to get
parts because his vehicle waa wrecked and he brought it to
me for repair (mechanical work, body work and painting)
which took awhile to find and receive the necessary parts.
Naturally, I would like to get the cars out as fast asI
can, because that is when you get paid for the work, butwith
the type of business that I do, there is no way to predict
how long it will take to fix a car or to determine how long
it will be at the garage.
In order to conduct my business I would need permission
to keep at least 12 to 15 customer's cars on the premises at
any given time.
December 28, 2001
ATTACHMENT Il
Albemarle County Planning Commission
Re: SP00-49 Thomas Harris Garage
Dear Ms. Hopp~ and Gentlemen:
We are residents of the Markwood Road area and are opposed to granting a
special permit for the Thomas Harris Garage. If the Planing Commission does decide to grant a
special permit, we strongly urge the Planning Commi.q.qion to impose all of the conditions-
recommended by the staff.
We request that all conditions recommended by the staffbe required including
number 6, ("No body work or spray painting of vehicles shall be permitted") and number 11,
("No more than a total of five vehicles waiting repair or waiting to be picked up by the owner
following repair shall be located outside the existing building and the gravel parking area"). We
also request that an additional condition be imposed prohibiting both the short-term and long-
term storage of vehieles on the property.
We are opposed to commercial activity being located in this area which is zoned
RA, and has predominantly residential and agricultural uses. Continuation of this commercial
enterprise in this agricultural and residential area is iraappropriate. If the petition is granted, we
believe that it needs to be subject to all of the conditions outlined by the staffplus a protfibition
on the long-term or short-term storage of motor vehicles in order to protect the quality of life in
this area.
We do not believe that this commercial use would be allowed in other more
affluent RA areas. It is a matter of equity that this neighborhood is entitled to and should receive
the same protection as other RA areas in the County.
As the Planning Commission is aware, there has been a IOng history of zoning
violations and attempts by the Zoning Department to enforce the ordinance. The Commission
should not reward the property owners who have engaged in conduct that is intended to avoid
compliance with the County's land use ordinances.
There are other examples of non-complying, commercial uses in the Markwood
Road area. Obtaining compliance elsewhere in the neighborhood wi11 be more difficult if it is
perceived that the County is not willing to enforce its ordinance in thi~ ease.
Therefore, we respectfully request that the Commission either deny the request
22
for a special p~rmit and require that thc Harris' commercial garage be closed aud cleaned up, or
if the special permit is granted, that the property owner be required to com?ly with all of the
conditions recommended by the staff as well as a prohibition on short and long term storage of _
vehicles.
Thank you for your consideration.
Very truly yours,
Michael and Kathy Wood
23
ATTACHMENT III
Albemarle County Planning Commission
RE: SPOO-49 Thomas Harris Garage
To whom it may concern:
My concerns are as follows:
As I understand this matter of trying to get Mr. Harris to comply with the county
zoning department has been going on now for five or six years. It is my
understanding that the zoning department is not in favor of this special use permit.
I guess I am trying to understand why you now want to recommend issuing this
permit at the objection of the zoning dept. What message are you sending to these
county employeeS? They are trying to do there job using the ordinances that are
already in place.
When Mr. Thomas Harris senior died, he had a permit to operate a garage behind
his residence, which is now owned'by his other son Dennis Harris. Is this garage's
permit grandfathered? If so is there a possibility of two garages being in the same
area?
My other concern is run offoftoxic substances from the garage operation getting
in nearby streams. We live d°wn stream from the garage and are concerned about
contaminating our water supply, and a stream that runs through my in-laws farm.
Since Mr. Harris has been nmning this garage for five or six years, without county
approval, there probably is comamination now.
If you recommend approval of this special use permit, above the objection of the
zoning department, I hope that all requirements for this type of garage operation
have to be done before work is allOwed to resume. If you recommend approval of
a special use permit without the necessary site work and run off restrictions in-
cluded, it will never be done and things will continue as they are now.
Concerned Resident:
Maj;k~ood Road .///
tvtason W. Fisher
24
December 18, 2001
Albemarle County Board of Zoning
To Whom It May Concern:
As concerned residents of Earlysvil[e we oppose the operation of a public garage on
Markwood Rd.
Businesses such as this end up being eyesores in ourneighborhood not to mention the
increased traffic, and noise being generated. Because there are no regulations or set
hours for a business to be mn in a residential area the noise and traffic become a
problem 24 hours a day, 7 days a week. The area right now has been somewhat cleaned
up because of this hearing, but we all know this will not last, Normally there are junk
cars and car parts scattered about, making the area look hke a junkyard. Markwood Rd.
is a RURAL RESIDENTIAL AREA not zoned for businesses hke this, and we would
like to keep it that way. If this business is allowed to operate then we will be opening the
doors for other people to follow, and our neighborhood will become nothing more than
an Industrial Park. Albemarle County says it wants to preserve it's RURAL
CItARACTER, but due m Mr. Harris's business and others like this on Markwood Rd.
our character is fading fast. So we hope that you will help us in preserving our
neighborhood. We hope that Mr. Harris and others like him will relocate their
businesses to an area, which is zoned for business/industrial use.
Sincerely,
Residents of Markwood Rd., Earlysville
CHARLES D. NO'i-i'INGHAM
COMMISSIONER
Mr. Kevin Bishop
6774 Markwood Road
Earlysville, Virginia 22936
COMMONWEALTH e/VIRQINZA
DEPARTMENT OF TRANSPORTATION
16ol O~NGE ROAD
CULPEPER. VA ~701 ~819
June 12, 2001
DONALD R. ASKEW
DISTRICT ADMINISTRATOP
RE:
ACCIDENT DATA
Route 664
Albemarle County
Dear Mr. Bishop:
This is in response to your 6/11/01 faxed request for accident data on the subject route FM: Rt. 810 TO: Rt. 671.
Following is a compilation of accidents occurring on this section of Route 664 FM: 1/1/95 TO: 12/31/00. They are listed
by milepost with the intersections of Routes 664/810/663 being milepost 0.00. VDOT accident data include only
accidents involving personal injuries or property damage of a minimum of $1,000.
0.50
0.70
1.00
1.20
Date Accident ,Type Severity Major Factor Driver Action
3/12/99 Fixed Object Personal Injury Driver Drinking Driver Inattention
9/14/99 Fixed Object Property Damage Miscellaneous Avoiding Another Vehicle
12/21/98 Fixed Object Property Damage Miscellaneous
7/21/00 Fixed Object Property Damage Driver Inattention
Avoiding Another Vehicle
Avoiding Another Vehicle
5/2/96 Sideswipe Property Damage Driver Inattention Driver Inattention
3/26/99 Sideswipe Personal Injury Driver Inattention Avoiding Another Vehicle
11/17/99 Sideswipe Property Damage Driver Inattention Hit and Run
6/14/00 Sideswipe Property Damage Driver Inattention None Stated
(Route 671)
If you have any questions, db not hesitate to contact me at 540-829-7644.
WRS:ss
Very truly yours,
R. Smith
Traffic Engineering Technician
pc: Mr. J. L. Bryan
WE KEEP VIRGINIA MOVING
SP 01-49 Attachments:
View Attachment A - SP 01-49 Thomas Harris Garaqe Application with Concept Plan
View Attachment B - Photoqraphs Taken October 26, 2001
View Attachment C - Photoqraphs Taken November 28, 2001
View Attachment D - Photoqraphs Taken December 6, 2001
View Attachment E - Site Exhibits: tax map, topo.qraphic map, and aerial photo.qraph
View Update to Staff Report
Return to Re.qular A.qenda
Return to Top of Staff Report
SP0149 Harris Garage.doc 6
06/09/02
pplication for Special Use Permit
Project Name {ho,. m,.l,, ,,.: mr= to ~ apptmation?)
*E~sfing Use ~ ~m~ ~d'~.~ a: ,~ -N ~.X ~ Proposed
!*Zoning Die'ct ~ *Zoning Ordinance Section number requ~tea
~ (*s:aff will :sist you wi,h these items)
t Number of acres to be covered by Spemal Use Permit era ~raona m=t ~.aclinmt~ o. p=t~
~ this an amendment to an existing Special Use Per. t?
i Are you submitting a site d~velopment plan with this application?
:Owner of land ::>,s isted in the County's re:orals): '7' ' ,;-,, ,-
E-mai!
.q,15rss5 -.--~ ::"' ~ C:tv
Da',umePhone __~ Fax=
E-maii
Tax map and parcel
Phvsicai Address ffas;gncdi
Does the owner or' :his.Dr°De:v, . own (or ,'~x~"- anv ownership, int.,::es[ in) umv abumng property?
;those tax map :znd p:zrce[ numbers
please list
OFFICE USE ONLX r.]~.~0. d.c-,r.x..r.r...;a.cz-~-¢ c,--~. ;}<>-'e,,~,. ~ vM:~c>:- ;"' ~
Spec:al Use Parrot:s: ~ ~"
, ~ ~.,,As and Proffers:
Concu::m rev:c,.v cf S~P.. Dc,,,cioomcm Plan?
~ Lc:h'~ o( Aumonzaucn
_ ' . .... = .....-:' %"nice: ~'q6-/;ql'~ ':' F?.x a
Describe your request in detail and'include all pertinent information such as the number
involved in the use, operating hours, and any unique features of the use:
ATTACHMENT A
C
ATTACH2MENTS REQUIRED - provide two(2) copies of each:
Recorded plat or boUndm-y 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 [he property is in the name of any type of !eg~
enUtv or organization including, but not limited to, the name of a cow. oration, pa-cnership
or associauon, or in the name of a :~ast, or in a fictitious name, a document acceptable to
the County must be submitted cemfying that the person signing below has [he authority
tO dO SO.
the applicant is a contract purchaser, a document acceptable to the County must be
suu,~,:L~ containing the owner's wring,, consem ~o the applicadon.
.... ~,.. ~s~nt or rne owner, a :.ecument acceptable to the County ~ ' be
sub:rJtted that is ;~'~ o the
..... nc~. of existence anu scope of the agency.
OPTION>d. ATTACHNLENTS:
Drawings or ~onc.:um pmns ....~
Additional Information, if an,,.'.
I hereby certify that i own the subject proper:y, or have :he legal power to act on behalf of the owner in
filing this application. I also certify that the informaticn orovided is true and accurate to the best of my
~,owiedge.
Signature Date
Printed
Daytime phone number of Signatoo'
35
Section ]t.2.4.1 of the Albemarle County Zoning Ordinance states that, "The boarc
hereby reset'es unto itself the right to issue ail special use permits permitted hereunc. ....
pe,Tnits for uses as provided in tbhs ordinance may be issued upon a finding by the board of
that such use will not be of substantial cinu'iment to adjacent properly, that the character of the dismc:
will not be changed thereby and that such use will be in harmony with the purpose and intent of ~inis
ordinance, with the uses p . ,eL-mitred by right in the district, with additional regulations provided ;m section
.5.0 of this ordinance, and {vith 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 informatiqn 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? ,'1 {
ATTACHMENT A
3
~v,, the ?ropos=d special use affect ad. acentprooerty? '~ ~ '"/;; 'Z..- L,. ~ ....
How :s me use in harmon'.., with Lhe purpose and mien: of :he Zonin~ Ordnance?
? ', .... s Sccuon q a .;.~.,. '7 ¢ Oral:hanes appiy to thts use?
will m',s use 2romotc the uubiic hcahh, sar~" and ._n~,.~ " ~ ~,
36
ATTACHMENT A
4
48.99'
N~42'~
~.46' ~
50.79'
N26'36'OE
5i.75'
N23'3¢
30.05'
N21°06'0:
61.52' --
31.17'
NIB*Or1
33.97'
NI7"13'3(
41.28'
%,~ FOUND
'-L I-STORY F'WAME
..3
.,OC.~
F"--7 t-sTY- st. oc~
TJX. El - 3~g~l
DALLAS G. I, BARBAR& J. LAWSON
0.8. 881-466, 168 PI_AT
S63'36'26"5 512.64.'
j,96.~6'
LOT B
5.17 ACRES
O.B.
p,_AT
/
iRON /
FOUND
~ON
SET
STONE
No.
-%.
:TJ~ 8-40
· ~L.RRIGHT & HAZEL MORR
COt%,~'.5' 57.
~0~
SUBDIVISION PLAT SHOWING LOT A & LOT B
A DIVISION OF THE JOYCE A. HARRIS
& THOMAS H. HARRIS, Jr. PROPERTY,
LOCATED ON STATE ROUTE 664
ABOUT 0.5 MILE SOUTHWEST OF NORTONSVILL
WHITE HALL DISTRICT
ALBEMARLE COUNTY, VIRGINIA
SCALE: r' = lO0' DAT~ 01-t5-9
FOR
'T'.,.4OMAS HARRIS,
ROGER W. RAY ~, A~$OC.,,
CHARLOTTESVI~ ! ~ V1RGNA
37
DATE:
AFFIDAVIT
ATTACHMENT A
I, Thomas H. Harris, Jr.
dwelling unit located at
35A .(containing 3.17
converted to a storage building.
...... hereby certify that the existing (20' X 24') rental
Markwood Road on tax map 008 , parcel
acres) will not be used as a dwelling unit but will be
This conversion is required for approval of a public
garage.
b/J(Signature of Owner)
COUNTY OF ALBEMARLE: STATE OF VIRGINIA
F '-NOTAR/,~'PE~B~.IC
/
I
Reading File TM 008, Parcel 35A
(C:\forms\affadavit stating dwelling unit convert to storage.doc)
38
ATTACHMENT A
_Tax M~p ,, File Number
00800 j
Appeals
ARB ~ Clearances
ATL's ~ Compliance letter
Applicant
1
~ Determinations ~ SDP
[] Home Occs I~ Signs
[] SUB
[] SPa/CUPs
Date Range
j-~i0i/i9(~" to ] 12/31/2C
[] Variances ~ ZMA..
~,~ Violations/Complaints ~,~ ZTAs
View ] Edit I Print TAX MAP , i TYPEi PROJECT I DATE , 1 APPLICANT
~] !~l ~] 00800-00-00-035.0 ¥A2001019 09/10/2001 Thomas Harris, Jr. or Theresa
~] !~..t ~I 00800-00-00-035A0 A P2001002 04/06/2001 Harris, Thomas H., Jr. or Theresa
~1 !~l ~1 00800~00-00-035A0 VA-1991-040 09/09/1991 JoyceHarris
~1 !~1 ~i 00800-00-00-035A0 V10-2000-130 09/11/2000 Thomas Harris
~.t ~-..~. 1 ,~,1 00800-00-00-035A0 V,O-2000-129 09/12/2000 Thomas Harris
~1 !~1 ~l 00800-00-00-035A0 VIO-1995-128 09/29/1995 Thomas HHarris
~1 ~..I ~l 00800-00-00-035A0 V A2000033 12/04/2000 Harris, Thomas H.. Jr. or Theresa
~'~-] !~-] ~l 00800-00-00-035A0 D-1995-511 11/14/1995 THOMAS HARRIS, JR
~] ],~l ~l 00800-00-00-035A0 CP-1995-004 01/05/,995 Thomas Harris
e¢',l ~1 00800-00-00-035A0 0P-1987-015 07/22/1987 Thomas Harris
Add Record1 PrintList ] Requep] t Return to SPIN Find record by Tax Map ~
39
ATTACHMENT B s
ATTACHMENT B PHOTOS
TAKEN ON OCTOBER 26, 2001
SP 01-49 HARRIS GARAGE
ATTACHMENT B
42
ATTACHMENT B
ATTACHMENT B
ATTACHMENT B
4¸$
ATTACHMENT B
ATTACHMENT B
ATTACHMENT
48
ATTACHMENT B
49
ATTACHMENT B
$0
ATTACHMENT B
ATTACHMENT C
/
ATTACHMENT C PHOTOS
TAKEN ON NOVEMBER 28, 2001
SP 01-49 HARRIS GARAGE
UNPAVED PARKING AREA
53
ATTACHMENT C
TRACTOR-TRAILER
OUTSIDE STORAGE
54
ATTACHMENT C
TRACTOR-TRAILER
OUTSIDE STORAGE
VEHICLE LIFT
STORAGE IN FLOOD PLAIN
55
ATTACHMENT D /
ATTACHMENT D PHOTOS
TAKEN ON DECEMBER 6, 2001
SP 01-49 HARRIS GARAGE
(DATE STAMP ON PHOTOS IS INCORRECT)
TAILPIPE STORAGE.
REAR OF BUILDING
56
ATTACHMENT D
FRONT OF BUILDING
57'
ATTACHMENT D
UNPAVED P~NG AREA
ATTACHMENT D
VIEW TOWARD SOUTH
ATTACHMENT D
OUTSIDE VEHICLE LIFT
ATTACHMENT D ~
OUTSIDE STORAGE
IN FLOOD PLAIN
ATTACHMENT D ~
OUTSIDE STORAGE
IN FLOOD PLAIN
62
ATTACHMENT D
/
USED TIRE IN BEAVERDAM C REEK
{;3
30
/ NO
/,
./
./
t
ATTACHMENT E
33BI
341:1'1
33B 33
9
64
~ x876
ATTACHMENT E
ATTACHMENT E
~ 4 C
ATTACHMENT E
,, 53A
/
,' '40A
..q.O d
/
.t
/
/
4-!
%
67
SITF
-// _.. ATTACHMENT E
( 68
/
ATTACHMENT E
SITE
Januaw 29,2002
Bernard C. & Patti K. Spencer
B. C. Spencer Enterprises
4107 Jacobs Creek Drive
Scottsville, VA 24590
RE: SP-2001-054 B. C. Spencer Enterprises; Tax Map 104, Parcel 22
Dear Mr. Spencer:
The Albemarle County Planning Commission, at its meeting on January 15, 2002, unanimously
recommended approval of the above-noted petition to the Board of Supervisors, with no
conditions.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on February 13, 2002. 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.
Return to Reclular AClenda
View Staff Report
View Planning Commission minutes
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
Sincerely,
Scott Clark
Planner
SC/jcf
Cc:
Ella Carey
Amelia McCulley
Jack Kelsey
Steve AIIshouse
Staff Contact:
Planning Commission:
Board of Supervisors:
Scott Clark
January 15, 2002
February 13, 2002
SP 01-054 Bernard C. Spencer (Home Occupation Class B)
APPLICANT'S PROPOSAL
The applicant is requesting a special use permit to allow a shop in an accessory building used to
construct custom firearms in accordance with Section 10.2.2.31 of the Zoning Ordinance, which
allows for Home Occupation Class B. The applicant received a permit for a Home Occupation
Class A in 1980. In 1990, he moved the use into the accessory structure. This change requires a
Home Occupation Class B permit. Approval of this permit would rectify this violation.
View Planning Staff Comments
View Planning Staff Recommendation
LOCATION AND DESCRIPTION OF PROPERTY
The property, described as Tax Map 104 Parcel 22, contains 10 acres, and is located in the
Scottsville Magisterial District on Jacobs Creek Drive, approximately 0.3 miles from its
intersection with Rolling Road (Route 620).
HISTORY
In 1980, the applicant applied for a Home Occupation (class A, permitting an in-home business),
which was approved administratively, with the condition that it be renewed yearly. In 1987, he
applied for another home occupation permit, which was approved with the condition that he not
conduct retail sales or store ammunition.
In 1990, he applied for a building permit for an accessory building to be used as a workshop and
garage. He should have been required to obtain a Class B permit before moving the use into this
accessory structure. However, the applicant states that County Staff did not notify him of the need
for a Class B permit, and he continued the use in unwitting violation of section 10.2.2.31 of the
Zoning Ordinance. Recently, during the process of obtaining a building permit for an addition to
the accessory building (for storage not related to the home occupation), the applicant was
informed that he must obtain a new special use permit. The current permit application is intended
to bring this existing use into conformity with the Zoning Ordinance.
COMPREHENSIVE PLAN
The property is zoned RA Rural Areas. The Comprehensive Plan designates this property as
Rural Area.
RECOMMENDATION
Staff recommends approval of SP 01-054.
STAFF COMMENT (Special Use Permit)
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance below:
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 Supervisors that such use will not be of substantial detriment to
adjacent property,
The existing operation is effectively a small machine shop, and is contained within a shop
building. The use will not be detrimental to adjacent property.
that the character of the district will not be changed thereby,
The use in contained within a typical accessory structure next to a house. Continuing the
use will not change the character of the district.
and that such use will be in harmony with the purpose and intent of this ordinance,
The use meets the standards for a home occupation class B, and does not significantly
impair the public health, safety, or welfare.
with the uses permitted by right in the district,
The small scale of this use does not conflict with agricultural or residential uses.
with additional regulations provided in Section 5. 0 of this ordinance,
5.2.2 REGULATIONS GOVERNING HOME OCCUPATIONS
5.2.2.1 The following regulations shall apply to any home occupation:
a. Such occupation may be conducted either within the dwelling or an accessory
structure, or both, provided that not more than twenty- five (25) percent of the floor area
of the dwelling shall be used in the conduct of the home occupation and in no event shall
the total floor area of the dwelling, accessory structure, or both, devoted to such
occupation, exceed one thousand five hundred (1,500) square feet; provided that the use
of accessory structures shall be permitted only in connection with home occupation,
Class B;
This use is located in an accessory structure. The area devoted to the home
occupation is approximately 1,100 square feet.
b. There shall be no change in the outside appearance of the buildings or premises,
or other visible evidence of the conduct of such home occupation provided that a home
occupation, Class B, may erect one home occupation Class B sign as authorized by
section 4.15 of this chapter. Accessory structures shall be similar in facade to a single-
family dwelling, private garage, shed, barn or other structure normally expected in a rural
or residential area and shall be specifically compatible in design and scale with other
development in the area in which located. Any accessory structure which does not
conform to the setback and yard regulations for main structures in the district in which it is
located shall not be used for any home occupation;
The accessory structure, which is not visible from the nearest public road,
appears to be a typical shed or workshop. The applicant does not have a sign,
and does not wish to have one, as customers may come to the site by
appointment only. The building, noted as "Frame Work Shop" on Attachment C,
is well within the setback limits.
c. There shall be no sales on the premises, other than items hand crafted on the
premises, in connection with such home occupation; this does not exclude beauty shops
or one-chair barber shops;
The only items sold on the premises are the custom guns and gun barrels built
by the applicant. In most cases, customers do not come to the site.
d. No traffic shall be generated by such home occupation in greater volumes than
would normally be expected in a residential neighborhood, and any need for parking
generated by the conduct of such home occupation shall be met off the street;
The applicant estimates that he sends 97 percent of his orders out by a parcel
delivery service. Customers rarely visit the site. There is more than sufficient
area on the parcel for a visiting vehicle to park.
e. All home occupations shall comply with performance standards set forth in
section 4.14;
The Engineering Department has reviewed and approved the information
submitted by the applicant, which states that this use creates no detectable noise
or vibration; gives off no glare, air pollution, or water pollution (water used in
milling evaporates away); and emits no radioactivity or radio interference.
and with the public health, safety and general welfare.
Approval of this special use permit for this use will not change the established level of
use on the site or create any new impacts on health, safety, or welfare. Given the fact
that most business is conducted by telephone, mail, and parcel service, and that
customers rarely visit the site, staff feels that traffic impacts will not be significantly
different from those in rural residential settings.
SUMMARY
Staff has identified the following factors that are favorable to this request:
1. The use meets all the standards in Section 5.0 of the Zoning Ordinance for a Home
Occupation Class B.
2. This is an existing and long-standing use.
Staff has identified the following factors that are unfavorable to this request:
Because this use was moved into an accessory structure without approval, it has operating in
violation of the Zoning Ordinance. However, when the applicant requested a building permit
and was informed that a Special Use Permit was needed for his business, he applied for the
permit and has responded to requests for information. Approval of this permit would rectify
the violation.
RECOMMENDED ACTION
The Planning Department recommends approval of SP 01-054.
ATTACHMENTS
A. Tax Map
B. Plat
Return to Regular Agenda
View Attachments A&B
View Planning Commission minutes
ALBEMARLE
COUNTY
ATTACHMENT A
'-- ' - 'r .... SCO'FTSVILLE DISTRICT SEC.,
UNE~
-A~JD IMPROVEMENT8 ARE AS SHOWN.ON THII PLAT. '~ '~' · ~"/r ~ VA. CERT. NO, 144~
ATTACHMENT B
T.M, 104 PAR. 14
-"¥ ~?~/ ' "~..,.,,. ,
O~.//~ ~ ' , ,, PARCEL X-§
/ ~ k ,o.,o, ~. .. '/>'
,
/~~:' % ~.. - .....
T.M. 104 PAR. 26
PARCEL X-6
Gary M. Whel~n
Lond Surveyor
ChorloffeJvllle, Vlr~lnlo
P AT SHOWING PHYSICAL SURVEY OF
PARCEL 22 ON
TAX MAP 104 IN
ALBEMARLE COUNTY , VIRGINIA
SC~,LE : I" - 200.' DECEMBER 19 , I
12'414 ,,
5
ORDINANCE NO. 02-18(3)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE V, VIOLATION AND
PENALTY, 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 V, Violation and Penalty, of the Code of the County of Albemarle is amended as follows:
By Amending:
Sec. 37.2 Civil penalty.
Chapter 18. Zoning
Article V. Violation and Penalty
Sec. 37.2 Civil penalty.
Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates any
provision of this chapter, or permits any such violation, or fails to comply with any of the
requirements hereof, or who erects any building or structure or uses any building, structure or
land in violation of this chapter or any site plan or other detailed statement or plan submitted by
him and approved under the provisions of this chapter, shall be subject to the following:
Schedule of violations subject to one hundred dollar ($1GG. GO) civil penalty for first
violation. Any violation of the following provisions of this chapter shall be subject to a
civil penalty of one hundred dollars ($100.00) for the first violation, and a civil penalty of
one hundred fifty dollars ($150.00) for each subsequent violation arising from the same
set of operative facts:
Each use of a lot, including the use of any structure thereon, not authorized either
as a matter of right or by special use permit by the zoning regulations applicable
to the district in which the lot is located, in violation of, as applicable, sections
and subsections 10.2, 12.2, 13.2, 14.2, 15.2, 16.2, 17.2, 18.2, 19.3, 20.3, 20.4,
20.5, 20.6, 21.2, 22.2, 23.2, 24.2, 25.2, 25A.2, 26.3, 27.2, 28.2, 29.2, 30.2.4,
30.3.05, 30.3.06, 30.4.02, 30.5.5 or 30.6.3.
The location of a structure or improvement in an area other than a building site,
in violation of subsection 4.2.3.1.
The location of a structure or improvement or engaging in land disturbing
activity on slopes of twenty-five percent or greater, in violation of subsection
4.2.3.2.
4. The cutting of trees in violation of section 4.3.
The placement, allowance of, erection or maintenance of a material impediment
to visibility so as to restrict sight distance in violation of section 4.4.
Any violation of section 4.10, which regulates the height of buildings and other
structures, except as provided in subsection (B)(1).
7. Any violation of section 4.12, which regulates off-street parking.
Any violation of section 4.15, which regulates permanent and temporary signs,
except as provided in subsection (F).
9. Any violation of section 4.17, which regulates outdoor lighting.
10.
Any violation of section 5, which establishes supplementary regulations for
certain uses authorized in the several zoning districts. (Amended 2-13-02)
11
Any violation of sections 31.2.1, 31.2.2 or 31.2.3, which regulate use and
occupancy when building permits, certificates of occupancy, and zoning
compliance clearances are required, respectively. (Added 2-13-02)
12.
Any violation of section 32, which regulates site plans and development pursuant
thereto. (Amended 2-13-02)
13.
Any violation of a proffer, or a planned development application plan, special use
permit, variance, site plan, certificate of appropriateness or any condition related
thereto. (Amended 2-13-02)
Schedule of violations subject to fifiy dollar ($50. 00) civil penalty for first violation. Any
violation of the following provisions of this chapter shall be subject to a civil penalty of
fifty dollars ($50.00) for the first violation, and a civil penalty of one hundred fifty
dollars ($150.00) for each subsequent violation arising from the same set of operative
facts:
The construction, erection or location of an accessory building in a residential
district in violation of subsection 4.10.3.4.
Any violation of section 4.11, which regulates uses and structures permitted in
required yards.
3. The use of a major recreational vehicle in violation of subsection 4.13.1.2.
The parking of a truck with a gross vehicle weight of twelve thousand (12,000)
pounds or more or a dual-wheeled recreational vehicle in a residential district in
violation of subsection 4.13.3. Each such truck or dual-wheeled recreational
vehicle parked in a residential district in violation of subsection 4.13.3 shall
constitute a separation violation.
5. Any violation of section 4.18, which regulates noise.
The failure to maintain or replace recreational equipment in violation of
subsection 4.16.3.2.
Any violation of section 6, which regulates nonconformities. (Amended 2-13-
02)
Each day during which a violation is found to exist shall be a separate offense. However,
the same scheduled violation arising from the same operative set of facts may be charged
not more than once in a ten (10) day period, and the total civil penalties from a series of
such violations arising from the same set of operative facts shall not exceed three
thousand dollars ($3,000).
2
Any person summoned for a scheduled violation may elect to pay the civil penalty by
making an appearance in person or in writing by mail to the department of finance prior
to the date fixed for trial in court. A person so appearing may enter a waiver of trial,
admit liability, and pay the civil penalty established for the offense charged. A signature
to an admission of liability shall have the same force and effect as a judgment of court.
However, such an admission shall not be deemed a criminal conviction for any purpose.
If a person charged with a violation does not elect to enter a waiver of trial and admit
liability, the violation shall be tried in the general district court in the same manner and
with the same right of appeal as provided by law. A finding of liability shall not be
deemed a criminal conviction for any purpose.
The designation of a particular violation in section 37.2(A) or (B) shall be in lieu of any
criminal penalty and, except for any violation resulting in injury to persons, such a
designation shall preclude the prosecution of the particular violation as a criminal
misdemeanor, but shall not preclude any other remedy available under this chapter.
The designation of a particular violation in section 37.2(A) or (B) shall not be construed
to allow the imposition of civil penalties: (i) for activities related to land development
within the meaning of Virginia Code § 10.1-603.2; or (ii) for violation of any provision
of the zoning ordinance relating to the posting of signs on public property or public
rights-of-way.
Any reference herein to a section of this chapter shall include all subsections and
paragraphs of that section.
(Ord. 00-18(5), 6-14-00; Ord. 02-18(3), 2-13-02)
State law reference Va. Code § 15.2-2209.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to
zero_, as recorded below, at a regular meeting held on February_ 13, 2002.
Ella 144. Carey
Clerk, Board of County Supervisors
Aye
Mr. Bowerman X
Mr. Dorrier X
Mr. Martin X
Mr. Perkins X
Mr. Rooker X
Ms. Thomas X
NaY
3
MEMORANDUM
TO: Robert W. Tucker, Jr., County Executive
FROM:V. Wayne Cilimberg, Director of Planning & Community Development
DATE: January 29, 2002
RE: ZTA-01-14 Civil Penalties
The Albemarle County Planning Commission, at its meeting on January 15, 2002, unanimously
recommended approval of the above-noted zoning text amendment. Attached please find a
staff report, which outlines this amendment. The Board of Supervisors will review this
amendment at their February 13, 2002 meeting.
Return to Re~lular A~lenda
View Staff Report
View Planning Commission minutes
View Ordinance
If you have any questions, please do not hesitate to contact me.
vwC/jcf
ATTACHMENT
Cc: Ella Carey
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Amelia G. McCulley
January 15, 2002
February 13, 2002
ZTA 01-14 TO AMEND THE ZONING ORDINANCE RELATING TO CIVIL
PENALTIES TO INCLUDE ADDITIONAL VIOLATIONS SUBJECT TO CIVIL
PENALTY
ORIGIN: Planning Commission resolution (Attachment A) based on a
recommendation from Zoning staff.
View Planninq Staff Comments
View Planninq Staff Recommendation
Return to Reqular Agenda
PROPOSAL: To include as civil penalties, zoning violations involving
construction without a building permit or occupying a structure without a
certificate of occupancy or a zoning compliance clearance.
PUBLIC PURPOSE TO BE SERVED: These zoning violations must now be
judicially enforced only in a criminal proceeding or a proceeding seeking
injunctive relief. The imposition of civil penalties has been a successful tool for
zoning enforcement.
The provision of civil penalties for these violations should result in the following:
· Reduce staff time involved in pursuing these violations;
· Provide a general deterrence and therefore reduce the numbers of these
violations.
BACKGROUND: On June 14, 2000, the Albemarle County Board of Supervisors
adopted an ordinance which provides for the imposition of civil penalties for
certain zoning violations. Prior to this, zoning enforcement was entirely done
through the courts in a criminal prosecution. The use of civil penalties has proven
to be a more expedient means for penalty and compliance with common zoning
violations.
STAFF COMMENT: Staff recommends this action to further assist the zoning
enforcement program. It is not uncommon for some of the more serious zoning
violations to also include building without a building permit or occupying without a
certificate of occupancy or zoning clearance. While the other violations in a
particular case such as use or setback violations, could be resolved through civil
penalties, the zoning violations relating to building and occupying without the
proper permits remain as criminal violations. This proposed amendment will
allow most common cases to follow the civil procedures.
Page 2
ZTA 01-14 Civil Penalties Amendment
January 15, 2002
Staff recommends amending the Civil Penalty schedule to include as a $100
initial fine, any violation when building permits, certificates of occupancy and
zoning compliance clearances are required.
Administration / Review Process: As noted, the proposed amendment will
provide a better process and reduce staff time (Zoning and County Attorney)
required to resolve an individual case.
Housing Affordability: The proposed amendment would not affect housing
affordability.
Implications to Staffing / Staffing Costs: Less time is required on average for
an individual civil violation compared to a criminal zoning violation. However, as
we had predicted with the original imposition of civil penalties, staff time involved
in the enforcement program as a whole has increased because we have received
more citizen complaints. The number of complaints received in 2001 is almost
250% more than the number received in 2000.
STAFF RECOMMENDATION: Staff recommends amending Section 37.2 Civil
Penalty as shown on Attachment B.
View Attachment A: Resolution of Intent
View Attachment B: Draft Civil Penalties Ordinance Amendment
Return to Top
Return to Reqular A.qenda
Attachment A
RESOLUTION OF INTENT
WHEREAS, Section 37.2, Civil Penalties, of the Zoning Ordinance, includes two
schedules of violations of the Zomng Ordinance that are subject to civil penalties; and
WHEREAS, zoning violations involving construction without a building permit and
occupying a structure without a certificate of occupancy are not included in either of the
~chedules in Section 37.2, and thus may be judicially enforced only in a criminal proceeding or a
proceeding seeking injunctive relief; and
WHEREAS, it is desired to amend Section 37.2 in order to add the zoning violations
involving construction without a building permit and occupying a structure without a certificate
of occupancy to the schedules in Section 37.2.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes ofpublic necessity,
convenience, general welfare and good zoning practices, the Albemarle County Planning
Commission hereby adopts a resolution of intent to amend Section 37.2 of the Zoning Ordinance
to actfieve the purposes described herein; and
BE I'[ FURTHER RESOLVED THAT the Planning Commission will hold a public
heating on the zoning text amendment proposed pursuant to this resolution of intent, and make
its recommendations to the Board of Supervisors at the earliest possible date.
Draft: 01/23/02
ORDINANCE NO. 02-18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE V, VIOLATION AND
PENALTY, 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 V, Violation and Penalty, of the Code of the County of Albemarle is
amended as follows:
Return to Regular Agenda
View to Staff Report
By Amending:
Sec. 37.2 Civil penalty.
Chapter 18. Zoning
Article V. Violation and Penalty
Sec. 37.2 Civil penalty.
Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates
any provision of this chapter, or permits any such violation, or fails to comply with any of
the requirements hereof, or who erects any building or structure or uses any building,
structure or land in violation of this chapter or any site plan or other detailed statement or
plan submitted by him and approved under the provisions of this chapter, shall be subject
to the following:
Schedule of violations subject to one hun&ed dollar ($100. 00) civil penalty for
first violation. Any violation of the following provisions of this chapter shall be
subject to a civil penalty of one hundred dollars ($100.00) for the first violation,
and a civil penalty of one hundred fifty dollars ($150.00) for each subsequent
violation arising from the same set of operative facts:
Each use of a lot, including the use of any structure thereon, not
authorized either as a matter of right or by special use permit by the
zoning regulations applicable to the district in which the lot is located, in
violation of, as applicable, sections and subsections 10.2, 12.2, 13.2, 14.2,
15.2, 16.2, 17.2, 18.2, 19.3, 20.3, 20.4, 20.5, 20.6, 21.2, 22.2, 23.2, 24.2,
25.2, 25A.2, 26.3, 27.2, 28.2, 29.2, 30.2.4, 30.3.05, 30.3.06, 30.4.02,
30.5.5 or 30.6.3.
The location of a structure or improvement in an area other than a building
site, in violation of subsection 4.2.3.1.
The location of a structure or improvement or engaging in land disturbing
activity on slopes of twenty-five percent or greater, in violation of
subsection 4.2.3.2.
Draft: 01/23/02
4. The cutting of trees in violation of section 4.3.
The placement, allowance of, erection or maintenance of a material
impediment to visibility so as to restrict sight distance in violation of
section 4.4.
Any violation of section 4.10, which regulates the height of buildings and
other structures, except as provided in subsection (B)(1).
7. Any violation of section 4.12, which regulates off-street parking.
Any violation of section 4.15, which regulates permanent and temporary
signs, except as provided in subsection (F).
9. Any violation of section 4.17, which regulates outdoor lighting.
10.
Any violation of section 5.43, which establishes supplementary regulations
for certain uses authorized in the several zoning districts.
11.
Any violation of sections 31.2.1, 31.2.2 or 31.2.3, which regulate use and
occupancy when building permits, certificates of occupancy, and zoning
compliance clearances are required, respectively.
44-12.
Any violation of section 32.43, which regulates site plans and development
pursuant thereto.
4g13.
Any violation of a proffer, or a planned development application plan,
special use permit, variance, site plan, certificate of appropriateness or any
condition related thereto.
Schedule of violations subject to fifty dollar ($50. 00) civil penalty for first
violation. Any violation of the following provisions of this chapter shall be
subject to a civil penalty of fifty dollars ($50.00) for the first violation, and a civil
penalty of one hundred fifty dollars ($150.00) for each subsequent violation
arising from the same set of operative facts:
The construction, erection or location of an accessory building in a
residential district in violation of sub section 4.10.3.4.
Any violation of section 4.11, which regulates uses and structures
permitted in required yards.
3. The use of a major recreational vehicle in violation of subsection 4.13.1.2.
The parking of a truck with a gross vehicle weight of twelve thousand
(12,000) pounds or more or a dual-wheeled recreational vehicle in a
residential district in violation of subsection 4.13.3. Each such truck or
dual-wheeled recreational vehicle parked in a residential district in
violation of subsection 4.13.3 shall constitute a separation violation.
2
Draft: 01/23/02
5. Any violation of section 4.18, which regulates noise.
The failure to maintain or replace recreational equipment in violation of
subsection 4.16.3.2.
7. Any violation of section 6~, which regulates nonconformities.
Each day during which a violation is found to exist shall be a separate offense.
However, the same scheduled violation arising from the same operative set of
facts may be charged not more than once in a ten (10) day period, and the total
civil penalties from a series of such violations arising from the same set of
operative facts shall not exceed three thousand dollars ($3,000).
Any person summoned for a scheduled violation may elect to pay the civil penalty
by making an appearance in person or in writing by mail to the department of
finance prior to the date fixed for trial in court. A person so appearing may enter
a waiver of trial, admit liability, and pay the civil penalty established for the
offense charged. A signature to an admission of liability shall have the same
force and effect as a judgment of court. However, such an admission shall not be
deemed a criminal conviction for any purpose. If a person charged with a
violation does not elect to enter a waiver of trial and admit liability, the violation
shall be tried in the general district court in the same manner and with the same
right of appeal as provided by law. A finding of liability shall not be deemed a
criminal conviction for any purpose.
The designation of a particular violation in section 37.2(A) or (B) shall be in lieu
of any criminal penalty and, except for any violation resulting in injury to
persons, such a designation shall preclude the prosecution of the particular
violation as a criminal misdemeanor, but shall not preclude any other remedy
available under this chapter.
The designation of a particular violation in section 37.2(A) or (B) shall not be
construed to allow the imposition of civil penalties: (i) for activities related to
land development within the meaning of Virginia Code § 10.1-603.2; or (ii) for
violation of any provision of the zoning ordinance relating to the posting of signs
on public property or public rights-of-way.
Any reference herein to a section of this chapter shall include all subsections and
paragraphs of that section.
(Ord. 00-18(5), 6-14-00)
State law reference Va. Code § 15.2-2209.
Return to Top of Ordinance
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, 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
3
Draft: 01/23/02
Clerk, Board of County Supervisors
Aye Nay
Mr. Bowerman
Mr. Dorrier
Mr. Martin
Mr. Perkins
Mr. Rooker
Ms. Thomas
4
To: Members, Board of Supervisors
From: Ella Washington Carey, CMC, Clerk
Subject: Reading List for February 13, 2002
Date: February (~, 2002
August 8, 2001
September 27(A), 2001
October 3, 2001
December 5, 2001
December 10 (A), 2001
Plr. Dorrier
Pls. Thomas
Pages 33 (beginning Item # I I) - end - Ms. Thomas
Mr. Martin
Mr. Dottier
/ewc
Return to Regular Agenda
Retain funding for our most needy children
The Charlottesville/Albemarle community stands to lose over $2,271,589 in funds for services to our most troubled and
needy children in Governor Warner's proposed FYO3 budget. These numbers represent cuts to the Comprehensive
Services Act (CSA); the Virginia Juvenile Justice Crime Control Act (VJCCCA); the ofrmes on Youth (Delinquency
Youth Prevention and Development Act), Community Service Boards, Healthy Families and the Child Health
Partnership:
· Children are hit hardest: These budget cuts are ddven by economic concerns, yet they undermine our most
vulnerable citizens - children and families who are already abused and neglected and living in unsafe and
unhealthy surroundings.
· The savings are artificial: Costs saved this year will translate into additional costs in the months to come, as
theSe children end up requiring additional cdsis services, landing in costly foster care placements or at detention
facilities, expanding the cdme rolls, and putting other residents at dsk.
Govemor's Proposal: to retain the current local match percentage (31% for City; 45% for County) until localities
exhaust their base allocation, and then increase the local match to 50%~
Local Impact for Charlottesville: $913,496 in additional local match, based on current projected costs for the FY02.
Approximately 24% of this will fall to the Charlottesville Public Schools, or $219,239.
Local Impact for Albemarle County: $159,200 in additional local match, based on current projeCted costs for FY02
and timing of supplemental allocations.
CSA represents a huge cost-shifting program from the state to local government, driven by the high costs of expensive
residential treatment of children with serious mental, emotional, and behavioral illness. These children were previously
served in state facilities at state expense. Today, localities are mandated to serve these children and pay the local
match. There is no regulation of the rates private facilities may charge. Estimates of the impact are based on FY 02
expenditures. This cut shifts costs to the localities for 68 City children and 11 Albemarle County children - costs that
are mandated by the State. With CSA costs going up substantially each year, the figure for Charlottesville atone could
end up being well over $1 million.
Governor's Proposal to eliminate as a separate funding stream and pool with a reduced VJCCCA funding stream (by
23% overall):
Local Impact for Charlottesville/Albemarle: a loss of $59,507 or the equivalent of two staff persons at the
Charlottesville/Albemarle Commission on Children and Families (CCF) for FY03.
OOY funds leverage additional resources for children and families in need in the community. For example, in 2001
alone, staff helped leverage over $340,000 in prevention funds to keep children from m-offending, strengthen families
and to improve the effectiveness of the service delivery system.
Governor's Proposal: A 23% cut in local funding from the State's VJCCCA (Virginia Juvenile Community Cdme
Control Act), according to a "fiscal stress index," with an additional match increase of 119% overall for
Charlottesville/Albemarle. The proposal also asks localities to fund their Offices on Youth (see $59,507 above) within
this reduced budget.
Local Impact for Charlottesville: $89,544 cut in State Funding (14.26% cut), plus an additional $89,544 match in
local funding required of Charlottesville for a total of $179,088.
Local Impact for Albemarle: $101,222 cut in State Funding (50% cut), plus an additional $101,222 match in local
funding required of Albemarle County for a total of $202,444. This is essentially a 100% cut to the County, since it
currently receives a total of $202,444.
This loss of $381,532 to the Charlottesville/Albemarle region would represent a $190,766 or 23% cut in State funding
and an estimated increase in the local match of 119%, or $190,768. These funds support services to children who
need daily s,ut~rvision and structured residential care at Community Attention (including programs such as Teens
Give), the 16 District Court Services Unit, and the Juvenile Court Assessment Center, as well as juvenile crime
prevention and coordination efforts. Currently, VJCCCA funds services for approximately 560 children in
Charlottesville/Albemarle. Cuts of 23% overall would translate into a loss of services for an estimated 128 children,
resulting in a major reduction in the number of juvenile justice children served in their home communities, thereby
risking public safety and increasing service costs to localities. These children will not "go away" with decreases, but will
likely commit cdmes, disrupt and drop out of schOol, get pregnant, run away, increase the court caseloads, and put
added pressure on law enforcement and other local agencies and resources,
Governor's Proposal: Severe cuts to services at Region Ten Community Services Board
Local Impact to Planning District Ten: For the current year (and with only 5 months remaining), cuts of $143,951.
An additional $413,085 would be taken effective July I for a total reduction beginning July 1of $557,036.
Individuals served through the Community Service Board require treatment to ensure public safety and quality of life
for citizens. Savings in mental health treatment service cuts will result in increases to 'public safety services for the
state and local governments and non-profits.
Governor's Proposal: elimination of the Healthy Families program and substitution of TANF (Temporary Assistance
to Needy Families) funding at the FY02 level for the Child Health Partnership program.
Local Charlottesville/Albemarle impact: Healthy Families' would lose $87,818 and leave 30 families without
services. The local site receives $50,500 in state general funds which leverages an additional $25,250 in federal IV, E
funding. Charlottesville/Albemarle also receives $12,068 in TANF funds, which cannot be matched for IV.E. If the
state general funds are removed, not only will our locality 10se the state and TANF funding, we will also lose access to
the IV-E matching funds for a total loss of $87,818.
Child Health Partnership currently draws down Title IV-E funds to match its state revenues. CHP will not be able to do
this with TANF funds. The loss to the local CHP program is estimated at $85,000 a year, orthe cost of 3 home visitors
and a loss to 150 young parents and their children.
Home-visiting programs have documented impact in improving children's physical health, preventing child abuse, and
ensuring children's development growth. Without these programs, communities lose these outcomes. Localities
facing cuts in mandated services (such as CSA) will be forced to cut programs with documented success in improving
child and family conditions, reversing their early intervention efforts to steadily improve children's health and
development.
Governor's Proposal: Reduces the Virginia Preschool Initiative for at-risk 4-year olds by $1.5 million statewide.
City of Charlottesville impact: $28,000, or a 17.5% cut in reduced funds that directly support salaries and support
equivalent of two Instructional Assistants. A cut in staff would decrease the number of 4-year olds served.
Telephone and e-mail numbers:
1-800-889-0229 allows you to leave a message for your legislator, or call the numbers below directly.
Delegate Watldns Abbitt
State Legislature
804-698-I059 or 804-352-2880
del abbi~@~house.state.~a.us
Senator Creigh Deeds
State Legislature
804-698-7525 or 434-296-5491 or 540-839-2473
senator ,deeds(C~c.ne~
Delegate Staven Lendes
State Legislature
804-698-1025 or 540-245-5540
dc]andcs~_~c~w, com, dcl ~3ndcs@.hous¢.statc
Delegate 'Rob Bell
State Legislature
804-698-I 058 or 434-975-0902
delbell@J~ouse, state, va.us
Senator Hanger
State Legislature
804-698-7524 or 540-885-6898
district24~sov, state, va. us
Delegate Mitchell Van Yahres
State Legislature
804~98-1059 or 434-977-7863
del vanvahres~_ ~ouse. state, va.us
Charlottesville/Albemarle Commission on Chiidren 'and Families, Februar~ 2002, P.O. Box 911, Charlottesville, VA' 22902, 434-
970-3550, .http:#w~v.ccf. ci.charlottesville.va.us.
Attn: NEWS EDITOR
PRESS RELEASE
Februar, y 5th, 2002
Govemor's budget undermines stability for children and families
A group of local human service and education agencies believes that Governor Warner's budget
jeopardizes family stability and support for children. "It is as critical to our community's success and wall-
being that we assure that our children are safe and afforded necessary services, "says Saphira Baker,
Director of the Charlottesville/Albemarle Commission on Children and Families (CCF.)
Citizen and agency members of the Commission note that agencies are prepared to take cuts, given the
current economic climate, but they believe the proposed budget is disproportionately unfair to the most
needy children and families. Local school and social service agencies point to over $2 million in cuts to
children services for the most needy in Charlottesville/Albemarle, including the loss of $900,000 in
treatment for children with severe psychiatric disorders. Because services for these children are required
by state and local law, responsibility for funding them will fall to the localities. The budget also cuts
$300,000 in programs aimed at keeping juvenile offenders away from future crimes.
"This budget," says Ruth Stone, Director of Piedmont CASA, "destabilizes a system of support for children
who have been neglected and abused, and are living in unsafe homes."
"These savings are somewhat artificial," says Jack Gallagher, Director of Community Attention, "These
children have extensive daily supervision and residential care needs and will not 'go away' if these juvenile
justice funds are cut. "Most of these children will end up in other human service systems like foster care or'
out of community institutional or correctional facilities, expanding the crime rolls, and local agency and
police caseloads. These costs will simply be transferred to other funding streams with no real budget
savings at all."
A press conference detailing these cuts and their impact on Charlottesville/Albemarle children is being held
on Tuesday, February 12, at 12:30 at Tonsler Park Recreation Center, 435 Cherry Avenue.