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HomeMy WebLinkAbout1992-06-17 FIN A L 7:00 P.M. June 17, 1992 Room 7, County Office Building 1) Call to Order. 2) Pledge of Allegiance. 3) Moment of Silence. 4) Other Matters Not Listed on the Agenda from the PUBLIC. 5) *Consent Agenda (on next sheet). 6) Public Hearing: An ordinance to be known as Chapter 16.01 of the Code of Albemarle entitled "Naming of Roads and Numbering of Properties." It is intended that all roads within the County which serve or are designed to serve three or more dwelling units or business structures, including both public and private roads, shall be named and that all dwelling units and business structures within the County shall be assigned property numbers. The purpose of this ordinance is to help provide for efficient delivery of emergency and other services and to provide for uniformity in road naming and assignment of property numbers. 7) ZTA-91-05. Public Hearing on an amendment to Section 5.6.2 of the Albemarle County Zoning Ordinance, Conditions of approval for Mobile Homes on Individual Lots by the addition thereto of a subsection "f" reading: "No rental to be made of the mobile home, the same to be occupied by the owner of the land on which the mobile home is locat- ed, or by a lineal relative or bona fide agricultural employee of the owner. 8) SP-91-39. Willie Mae Hoover. Public Hearing on a request to amend SP-88-86 in order to permit rental of a single-wide mobile home on 5.0 ac zoned RA. Property on pvt rd on W side of R t 20 approx 2. 7 mi S of Rt 742. TM102,P1E. Scottsville Dist (Deferred from April 15, 1992). 9) SP-91-41. Gifford & Rachel Crawford. Public Hearing on a request to amend SP-91-15 in order to permit rental of a single-wide mobile home on 2.0 ac zoned RA. Property on N side of Rt 776 approx 3/10 mi W of Rt 664. TM18,P8J. White Hall Dist (Deferred from April 15, 1992). 10) SP-92-21. Keswick Acquisition Corporation. Public Hearing on a request to amend previous special use permits in order to allow the connector road between Rt 731 (Country Club Drive) & Rt 616 to be a private rd rather than a public rd. Rd proposed to serve the Keswick Country Club & Inn. Property on E side of Rt 731 at its inters with Rt 744. TM80,P's 8,8Z,9,60A,61,62&70; TM94,P42a. Rivanna Dist. (This property is not located in a growth area.) 11) SP-92-25. Winter Haven Limited Partnership (applicant, South Pantops II Land Trust (owner.) Public Hearing on a request to permit a 23,420 sq ft nursing home on 1.86 acs zoned R-15. Property on S side of South Pantops Dr approx 1/4 mi W of State Farm Blvd. TM78,P20. Rivanna Dist. (This property is located in Neighborhood 3.) 12) Request from Jaycees for funding of Fireworks Display on Fourth of July. 13) Crozet Crossing Recapture Plan. 14) Meadow Creek Parkway Update. 15) Appropriation: Gypsy Moth 1991/92 Grant. 16) Discussion: Draft letter to Westvaco. 17) Proclamation re: Celebration of Samuel Miller's 200th Birthday. 18) Other Matters Not Listed on the Agenda from the BOARD. 19) Adjourn. CON S E N T AGE N D A FOR APPROVAL: 5.1 Authorize County Executive to sign United Way Administrative Support Agreement. 5.2 Berkmar Drive Extension - Option to Purchase Residue Parcel. 5.3 National Historic Landmark Designation for Shack Mountain. FOR INFORMATION: 5.4 Virginia Cooperative Extension Service - Reassignment of Personnel. 5.5 Minutes of the Planning Commission for May 12, 1992. 5.6 Letter dated June 2, 1992, from Ray D. Pethtel, Commissioner, Virginia Department of Transportation, stating that certain abandonments and additions had been approved for Route 660 effective May 26, 1992. 5.7 Notice from the State Department of Taxation dated June 5, 1992, re: Columbia Gas Transmission Corporation v. State Corporation Commission. Edward H. Bai , Jr. Samuel Mille COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 Forrest R. Marshall, Jr. Scottsville Charles S. Marlin Rivanna Charlotte Y. H mphris Jack Jouett Walter F. Perkins White Hall MEMORANDUM TO' Robert W. Tucker, Jr., County Executive V. Wayne Cilimberg, Director of Planning and Community Development Lettie E. Neher, Clerk, CM~ June 18, 1992 Board Actions of June 17, 1992 At the Board of Supervisors' meeting on June 17, 1992, the following were taken: Agenda Item No.4. Other Matters Not Listed on the Agenda from the LIe. There were none. Agenda Item No. 5.1. Authorize County Executive to sign United Way Admini- ative Support Agreement. AUTHORIZED County Executive to sign the agreement. Agenda Item No. 5.2. Berkmar Drive Extension - Option to Purchase Residue Pa eel. AUTHORIZED County Attorney to exercise an Option Agreement to purchase 20 675.99 square feet of land designated as "Residue A" on the attached plat us"ng funds designated in the CIP. Agenda Item No. 5.3. National Historic Landmark Designation for Shack Mo ntain. AUTHORIZED Chairman to send letter of support for the nomination of Sh ck Mountain as a National Historic Landmark. Agenda Item No.6. Public Hearing: An ordinance to be known as Chapter 16 01 of the Code of Albemarle entitled "Naming of Roads and Numbering of Pro- pe ties." It is intended that all roads within the County which serve or are de igned to serve three or more dwelling units or business structures, including bo h public and private roads, shall be named and that all dwelling units and ~ / Robert W. Tucker, Jr. V. Wayne Cilimberg June 18, 1992 iness structures within the County shall be assigned property numbers. The pose of this ordinance is to help provide for efficient delivery of emergency other services and to provide for uniformity in road naming and assignment property numbers. DEFERRED to July 1 to receive the following information from staff: 1) ther smaller road signs are allowed; 2) verify VDoT's standards for road n size; 3) provide a recommendation on how many dwelling units would be eptable on a private road before requiring that a road sign be installed; and 4) whether numbering is allowed on existing signs identifying properties. The Board also CONTINUED the public hearing to July 8. Agenda Item No.7. ZTA-91-05. Public Hearing on an amendment to Section .2 of the Albemarle County Zoning Ordinance, Conditions of approval for ile Homes on Individual Lots by the addition thereto of a subsection "f" ding: "No rental to be made of the mobile home, the same to be occupied by owner of the land on which the mobile home is located, or by a lineal rela- e or bona fide agricultural employee of the owner. DENIED (6/0 vote). Agenda Item No.8. SP-91-39. Willie Mae Hoover. Advertised as a public ring on a request to amend SP-88-86 in order to permit rental of a single- e mobile home on 5.0 ac zoned RA. Property on pvt rd on W side of Rt 20 rox 2.7 mi S of Rt 742. TM102,P1E. scottsville Dist (Deferred from April 1992). APPROVED (6/0 vote) an amendment to SP-88-86 by the deletion of the lowing conditions: 6. Mobile home permit is issued for use by the applicant or applicant's imme- diate family only; 8. Mobile home shall not be rented. Agenda Item No.9. SP-91-41. Gifford & Rachel Crawford. Advertised as a lie hearing on a request to amend SP-91-15 in order to permit rental of a gle-wide mobile home on 2.0 ac zoned RA. Property on N side of Rt 776 approx o mi W of Rt 664. TM18,P8J. White Hall Dist (Deferred from April 15, 1992). ROVED (6/0 vote) an amendment to SP-91-15 by the deletion of the following dition: 6. Mobile home permit shall only be occupied by Gifford & Rachel Crawford or their family. Agenda Item No. 10. SP-92-21. Keswick Acquisition Corporation. Adver- ed as a public hearing on a request to amend previous special use permits in er to allow the connector road between Rt 731 (Country Club Drive) & Rt 616 be a private rd rather than a public rd. Rd proposed to serve the Keswick ntry Club & Inn. Property on E side of Rt 731 at its inters with Rt 744. O,p's 8,8Z,9,60A, 61,62&70; TM94,P42a. Rivanna Dist. Memo To: Robert W. Tucker, Jr. V. Wayne Cilimberg June 18, 1992 Da e: pal1e 3 APPROVED (6/0 vote) subject to the following four conditions recommended by th~ Planning Commission: 1. Department of Engineering approval of a private road design for Club Drive from Route 731 to Route 616 (Amendment to Condition #5 of SP-85-53); 2. Staff and County Attorney approval of private road maintenance agreement for Club Drive; 3. Security gates shall be located in the locations shown on Attachment C. The gates shall be installed prior to County acceptance of the private road (Club Drive). The security gates shall be continuously controlled at all times; 4. In accordance with Condition #2 of SP-86-02, the bonding and/or construc- tion of the connector road is required prior to issuance of a Certificate of Occupancy for the inn. As per the approval of this petition, the bonding of the entire length of Club Drive, between Route 731 and Route 616, shall be for a period of two years from the Board of Supervisors' approval date with the option to renew the bond administratively for a period not to exceed one year. Agenda Item No. 11. SP-92-25. Winter Haven Limited Partnership (appli- cant, South Pantops II Land Trust (owner.) Advertised as a public hearing on a reVuest to permit a 23,420 sq ft nursing home on 1.86 acs zoned R-15. Property on S side of South Pantops Dr approx 1/4 mi W of State Farm Blvd. TM78,P20. Rivanna Dist. APPROVED (6/0 vote) SP-92-25 subject to the two following conditions re~ommended by the Planning Commission and a third condition: 1. Use is limited to 80 beds in the facility; 2. Site shall be developed in general accord with plan prepared by Raymond E. Gaines, Architect, dated March 23, 1992, and revised April 29, 1992; 3. The exteriors of the buildings will be primarily of brick with earth tones used for roofing and trim. Agenda Item No. 12. Request from Jaycees for funding of Fireworks Display on Fourth of July. Took no action on the request. Agenda Item No. 13. Crozet Crossing Recapture Plan. The Board agreed with th~ concept. The Board requested that an Executive Summary from the County Executive's of ice be provided on all agenda items in the future. I D~te: P~ge 4 I Robert W. Tucker, Jr. V. Wayne Cilimberg June 18, 1992 Memo To: : Using the same concept as the Crozet Crossing project, it was requested I t~at the staff investigate the potential for s~ip in a mobile home park in the urban area c~n purchase a lot in the mobile home park. I I I I I I Agenda Item No. 14. Meadow Creek Parkway Update. Received. There will I b~ a Citizens Information Meeting on the Meadow Creek Parkway study, on June 24, 1~92, 4:00 p.m. to 8:00 p.m., at Woodbrook Elementary School. I I I I J_ Agenda Item No. 15. Appropriation: Gypsy Moth 1991/92 Grant. APPROVED. A~ropriation form forwarded to Melvin Breeden. a County, public/private partner- where people who own a mobile home I I .1 Agenda Item No. 16. Discussion: Draft letter to Westvaco. Chfirman to sign the letter. I I I I : Agenda Item No. 17. Proclamation re: Bifrthday. AUTHORIZED the Chairman to sign thr Headmaster at The Miller School. AUTHORIZED the Celebration of Samuel Miller's 200th the Proclamation and forward it to Agenda Item No. 18. Other Matters Not Listed on the Agenda from the BOARD. ADOPTED the attached resolution authorizing the County Attorney to initiate a quick take" condemnation proceeding on Tax Map 45, Parcel 100A, and Tax Map 45~ Parcel 100B, if an agreement has not been reached with the property owners byl June 19, 1992. I I I I DIRECTED staff to work with the Albemarle County Fair Board and investigate th~ location of, and purchase of, property for a permanent site for a County fa "rground. Staff to take into consideration that a permanent facility would be us~d by all County citizens and could also possibly be used for a farmer's ma keto The location should be accessible to transportation and have utilities. Th~ staff is to evaluate all potential sites, including Walnut Creek Park. I I I Agenda Item No. 19. Adjourn. 10:10 p.m. I I LEiI(:ec I I Attachments I I cc: Robert B. Brandenburger Richard E. Huff, II Roxanne White Amelia Patterson Jo Higgins Bruce Woodzell George R. st. 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"~~~ ....,', u ..,,~~ .... j ~ ,u.. .._ "'-''3OM . -'T.>N~ "-"~_n'_'-:2-::~ \\ ) I I \ I I I I I / I , i I f / ; , / , /' , / / ~-Vi"'fr"'Cv.i\T:i' '"';r_t^1";lI _._.~ \illNE~: ~~, ~~ ~ ~J - -'-- -- - - ----- - ~ ~ _h. -- - -,.--, ::. -=-~- ~ - ~ ,/" c:_ RES 0 L UTI 0 N BE IT RESOLVED by the Board of Supervisors of Albemarle C unty, Virginia, that the County Attorney is hereby authorized to i itiate a "quick take" condemnation proceeding on the following d scribed properties if the appropriate deeds have not been a quired by June 19, 1992: A. TMP 45-100A Owner: John T. Green B. TMP 45-100B Owner: Sally Green * * * * * I, Lettie E. Neher, do hereby certify that the foregoing w iting is a true, correct copy of a resolution adopted by the Bard of Supervisors of Albemarle Count , Virginia, at a regular meting held on June 17, 1992. ._~ of C nty Super r ,. D1STRl8UH':'D TO BOA2LllM",'Anr:R'.> (;.: .- /.'.:) ~ ,;;~- 0("", , ~__".".. County of Albemarle I <I ' I )\i::) " EXECUTIVE SUMMARY AGENDA T TLE: United W y Administrative support Agreement AGENDA DATE: June 17, 1992 IT!:M NtiMBl!iu '/'.,.;; c' 6-: / / ~, . . / ) SUBJECT ROPOSAL RE UEST: Approval of an administrative support agreemen between the County of Albemarle, City of Charlottesville, State Department of Socia Services and the Jefferson Area United W y to utilize Federal matching fee child-ca e funds for local child-care scholars ips. ACTION: INFORMATION: CONSENT AGENDA: ACTION:~ INFORMATION: ATTACHMENTS: /?If REVIEWED BY: BACKGRO As you m during the FY 92-93 budget worksessions, there were discussions underway between nited Way and the Albemarle County Department of Social Services to determine if the United W y Child-Care Scholarship Program could qualify as a conduit for matching federal child ca e monies in order to provide additional child-care subsidies for Albemarle County families Since that time, Albemarle County has worked, not only with the State Department of Socia Services and United Way, but also with the City of Charlottesville to develop an administ ative support agreement that leverages 100% matching dollars with County, City and United W y funds. The points of the administrative agreement are as follows: . The County's allocation to United Way for FY-93 is ($23,450), the City's allocation ($65,105) and United Way's own funds ($41,412) are pooled together to create a total fund of $129,967. This will be matched by $129,967 in Federal dollars (already approved by the State Department of Social services) for a total of $259,934 for fee-based child-care. . For administrative expenses, United Way is allowed up to 13% ($33,791) to cover additional staff and computerization: Albemarle County Department of Social Services is allocated a 2% ($5,199) administrative fee. . The United Way Child-Care Scholarship Program will administer the program and distribute the funds to County and City families. Local matching funds allocated for scholarships by the City and County will be used for their respective families prior to using United Way funds. The United Way funds will be allocated to City and County residents based on need, with the goal of maintaining United Way's historical allocation of 50%-50%. . As fiscal agent, Albemarle County agrees to appropriate the total required Federal match of $129,907 in order to reimburse United Way for expenses. If approved, an appropriation request will come before the Board in July. . United Way will submit written reports and invoices monthly to the Albemarle County Department of Social Services, based on a standard computerized format agreed to by all parties. Albemarl,e county Board of Supervisors United Way Administrative Support Agreement June 17, 1992 Page 2 OIf 2 . Child day-care services will be provided to income eligible families at 60% of median income on a sliding fee scale basis. Families must be employed at least 30 hours per week and must contribute toward the cost of day-care. I .: Oversight and evaluation will be performed monthly by the United Way Child Care Scholarship Committee Board and yearly by the County's Program Review Committee and the City's Social Development Commission. I The actulal agreement, which is quite lengthy, has been developed and agreed upon by County staff frpm the Department of Social Services, County Executive's Office, and the Department of Finanpe, as well as the City Manager's Office and the City Department of Social Services. It is atailable for your review in its entirety in the County Executive's office, if so desired.: I I Please f~el free to call me if you have any questions prior to the meeting. I ACTION NjEEDED: Authoriz~ the County Executive to sign the Administrative support Agreement. I I I 92.084 : I I ! ADMINISTRATIVE SUPPORT AGREEMENT This AGREEMENT is entered into by and between County of Albemarle and City of Charlottesville, and Albemarle Dept. of Social Services hereinafter referred to as the "Buyer", and The United Way-Thomas Jefferson Area located at 413 East Market Street, Charlottesville; Virginia. , hereinafter referred to as the "Vendor" which has established itself as a qualified provider of services and meets all applicable State and federal standards relative to the services herein. WHEREAS, the Commonwealth of Virginia Department of Social Services is responsible for providing social services by authority of Title 63.1 of the Code of Virginia, both Buyer and Vendor do hereby agree that this Agreement is conditional upon approval of the Commonwealth of Virginia Department of Social Services as indicated by the signature of its Authorized Representative on this Agreement. Subj ect to said approval and the other provisions contained, herein, the terms of this Agreement shall commence on the 1st day of July 1992, and terminate on the 30th day of June, 1993. In consideration of the total amount not to exceed two hundred fifty nine thousand, nine hundred thirty four ($259,934) the Vendor agrees to provide child care scholarships and administration of same as fully described hereinafter. ARTICLE I - Standard provisions A. This Agreement is subj ect to the provisions of relevant federal and State laws and regulations. B. The rights and obligations of the parties of this contract shall be subject to and governed by the provisions herein- after set forth. To the extent of any inconsistency between this contract and any plan, specification, or other provisions of collateral contractual agreements which are made part of this contract by reference or otherwise, the provisions of this contract shall control. Page 2 C. The failure of Buyer to enforce at any time of the provisions of this Agreement, or to exercise any option which is herein provided, or to require at any time performance by the Vendor of any of the provisions hereof, shall in no way affect the validity of this Agreement or any part thereof, or the right of the Buyer to thereafter enforce each and every provision. All remedies offered in this Agreement shall be and construed as cumulative, that is, in addition to every other remedy provided herein or by law. If any part, term, or provision of this Agreement is held by a court to be illegal or in conflict with any law of the United States or the Commonwealth of Virginia, the validity of the remaining portions or provisions shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. D. Any documents referred to in this Agreement, but not attached hereto, are incorporated by reference as part of this Agreement. No other understandings, oral or written, are deemed to exist or to bind any of the parties hereto. Any alteration, variation, modification, or waiver of any provision of this Agreement shall only be valid when it has been reduced to writing, duly signed by the Authorized Representative of the Buyer and Authorized Representative of the Vendor, approved and signed by the Authorized Representative of the Commonwealth of Virginia Department of Social Services and attached to this Agreement. E. The Vendor shall not enter into subcontracts or assignments for any of the services approved under this Agreement without obtaining prior written approval from the Buyer and the Commonwealth of Virginia Department of Social Services which shall be indicated by and attached to this Agreement. Such subcontract or assignments shall be subject to the requirements, conditions, and provisions as the Buyer may deem necessary. The Vendor is responsible for the performance of.. its subcontractors. However, prior written approval shall not be required for the purchase by the Vendor of articles, supplies, and equipment which are incidental but necessary for the performance of the work required under this Agreement. Nothing in this Agreement shall be construed as authority for either party to make commitments which will bind the other party beyond the description of services (Article II) contained herein. F. The Vendor further guarantees that any costs incurred pursuant to this Agreement shall not be included or allocated as a cost of any other federal, State, or locally financed program in either the current or prior period. Page 3 G. The Vendor and any subcontractor shall maintain an accounting system and supporting records adequate to assure that claims for funds are in accordance with applicable State and federal requirements. Such supporting records shall reflect all direct and indirect costs of any nature expended in the performance of this Agreement and all income from any source. H. The Vendor agrees to retain all books, records, and 'other documents relative to this Agreement for five (5) years after final payment, unless necessary for an unresolved federal or state audit. The Buyer, its authorized agents, and/or federal auditors shall have full access to and the right to examine any of said materials during said period. In the event of an audit exception due to the Vendor's fault, the Vendor shall provide full restitution of any funds improperly expended. I. The Vendor shall permit representatives authorized by the Buyer to conduct reviews of its operations including, but not limited to examinations of facilities and records and meetings with any staff directly or indirectly involved in the operations relevant to this Agreement. Such reviews may occur as often as deemed necessary by the Buyer and may be unannounced. J. Any information obtained by the Vendor concerning applicants and clients pursuant to this Agreement shall be treated as confidential. Use and/or disclosure of such information by the Vendor shall be limited to purposes directly connected with the Vendor's responsibility under this Agreement. It is further agreed by both parties that this information shall be safeguarded in accordance with the provisions of Title 63.1 of the Code of Virginia (1950), as amended, and any other relevant provisions of State and federal law. K. No fees shall be imposed by the Vendor other than those set by the Commonwealth of Virginia Department of Social Services as described in the Commonwealth of Virginia Comprehensive Annual Plan for Social Services. L. Neither the Vendor nor any subcontractor shall discriminate against employees or applicants for employment, or deny any individual any service or other benefit provided under this Agreement because of age, race, color, religion, sex, or national origin. Additionally, the Vendor and all subcontractors shall comply with all requirements of the National Civil Rights Act of 1964 as amended, and with section 504 of the Rehabilitation Act of 1973, and any amendments, thereto. , , Page 4 M. The Vendor does hereby agree to indemify and hold harmless the Buyer from any and all claims for damages, either in law or in equity, directly or indirectly arising out of or by virtue of the actions and inactions of the Vendor or its agents, servants, or employees in connection with this Agreement. Neither the Vendor, its/his/her employees, assignees or subcontractors shall be deemed employees of the Commonwealth of Virginia Department of Social Services or of the Buyer while performing under this Agreement. In addition, United Way will maintain comprehensive General Liability Insurance of at least $1,000,000 throughout the contract year. N. Neither party hereto shall be held responsible for delay or failure to perform hereunder when such delay or failure is due to acts of God, flood, severe weather, fire, epidemic, strikes, the pUblic enemy, legal acts of the public authorities, or delays or defaults of public carriers, which cannot be reasonably forecast or provided against. o. If a dispute arises concerning the prov~s~on of services under the terms of the Agreement which is not settled by negotiations, the Vendor shall receive a written decision from the Authorized Representative of the Buyer. The decision of the Authorized Representative of the Buyer shall be final unless within thirty (30) calendar days of receiving the decision, the Vendor appeals to the Commonwealth of Virginia Department of Social Services for review of the Buyer's findings. This provision shall not preclude the Vendor from exercising any rights under law for failure of the Buyer to comply with the terms of this Agreement. P. The Buyer may terminate-this Agreement upon 30 days written notice to the other party. Upon this termination for convenience, the Vendor shall be paid only for "those additional fees and expenses incurred between notification of termination and the effective date of termination that are necessary for curtailment of its/his/her work under this Agreement. In the event of breach by the Vendor of this Agreement, the Buyer shall have the right, immediately, to rescind, revoke or terminate the Agreement. In the alternative the Buyer may given written notice to the Vendor specifying the manner in which the Agreement has been breached. If a notice of breach is given and the Vendor has not substantially corrected the breach within 15 days of receipt of the written notice, the Buyer shall have the right to terminate this Agreement. In the event recision, revocation or termination, all documents and other materials related to the performance of this Page S Agreement 3hall become the property of the Buyer. Upon written notice of default to the Vendor, the the Buyer may revise the whole or any part of the Agreement and recollect from the Vendor any funds paid by the Buyer which are related to the Vendor's failure to comply. Q. Any reports, studies, photographs, negatives, or other documents prepared by the Vendor in the performance of its obligations under this contract shall be the exclusive property of the Buyer' and all such materials shall be remitted to the Buyer by the Vendor upon completion, termination or cancellation of this contract. The Vendor shall not use, willingly allow or cause to have such materials used for any purpose other than performance of the Vendor's obligations under this contract without the prior written consent of the Buyer. R. Equipment purchased under the terms of this Agreement shall be limited to equipment indicated in the attached budget. No depreciation or use charges on equipment purchased under this contract shall be claimed on this or any future contract with the Commonwealth of Virginia or any of its agents. All required equipment will be purchased and retained by United Way within the 15% administrative allocation. S. In the event the Buyer becomes unable to honor this Agreement for causes beyond the Buyerls reasonable control, including but not limited to failure to receive promised revenue from federal, state or local governmental sources or donor default in providing matching funds, the Buyer may terminate or modify this Agreement as necessary to avoid delivery of service for which the Buyer cannot make payment. The Buyer shall~ upon cognizance of any donor default, notify the Vendor immediately. ARTICLE II - Description of Services The Vendor shall provide the services in a time frame, manner and at locations described in detail below: See Attachment A Page 6 ARTICLE III - Reports A. The Vendor shall produce the following reports of activities which shall progress in the performance of services: See Attachment B for Performance Reports Fiscal and Statistical Reports The formats of all reports shall adhere to the standard format in the software package designed for reporting and shall include warrant registers with client name, address, number of children, type of care received, and amount of payment. B. The Vendor shall immediately submit a written report to the Buyer indicating significant deviations from anticipated and/or problems associated with the delivery of services as agreed to by the Buyer and Vendor. Such report shall identify the deviations and/or problems, whether anticipated or actual, the effects of such on the performance under this Agreement, and a proposed plan for resolution. C. The Vendor agrees to provide any additional reports that the Buyer may request by written notice to the Vendor. ARTICLE IV COMPENSATION AND METHOD OF PAYMENT A. Cost reimbursable agreement All invoices and purchase orders used shall be approved by the Virginia Department of Social Services and used for each client. All expenditures shall be documented and invoiced pursuant to the approved line item budget. (Attachment D) Line item budget is attached. Deviations of more than 10% of the approved line item must be reported immediately to Albemarle Department of Social Services. If any of the Buyer's funds remain unexpended or unencumbered at the end of the contract year, the funds must be returned to Buyer unless specifically approve4 for carry.over. Page 7 B. All revenue from the sale of products derived through activities performed pursuant to this Agreement shall be reported to the Buyer and shall be applied as an adjustment to defray costs for the Buyer. C. The invoice period shall be monthly. The Vendor shall invoice the Buyer each invoice period on forms supplied by the Buyer, and shall submit an invoice showing no services delivered if that is the case in any invoice period. The Buyer shall not be obligated to pay for services when the Vendor fails to submit an invoice for such services within forty-five (45) calendar days after the close of the invoice period. in which services were delivered. Invoices which are correct and are received by the Buyer within 30 calendar days after the close of the invoice period shall be processed and paid no later than ~ calendar days 'after the close of the invoice period. Those invoices received later shall be processed and paid with the next invoices. D. If the Vendor fails to correctly provide any services and/or reports as specified in this Agreement, and in the time period specified herein, the Buyer may withhold payment of invoices until said services and/or reports are provided. All services provided by the Vendor pursuant to this contract shall be performed to the satisfaction of the Buyer, and in accord with applicable federal, state and local laws, ordinances, rules and regulations. The Vendor shall not receive payment for work found by the Buyer, in consultation with the Vendor, to be unsatisfactory, or performed in violation of federal, state or local laws, ordinances, rule or regulation. E. If the Vendor is a donor which exercises the option to submit donations with invoices and subsequently fails to submit the correct donation with any invoice, it shall not have that invoice paid until the next invoice period following the submission of the correct donation. F. Invoices are to be submitted to the Buyer at the following address: 401 McIntire Road Charlottesville, VA 22902 ATTACHMENT A ARTICLE II DESCRIPTION OF SERVICES Children to be served Child day care services shall be provided to income eligible families at 60% of the median income with children who need day care and who are under age 13, or children up to 18 years of age if they are physically or mentally incapable of caring for themselves or subject to court supervision. Day care shall not be purchased for children who are eligible to attend kindergarten or for older children during that portion of a day when appropriate public education is available unless there are reasons the children must be out of school. Eligibility Criteria Child day care subsidy for income eligible parents shall be made available on a sliding fee scale basis. Only income, not resources, is to be counted. Income must be verified and the client is expected to assist. The payment schedule and income guidelines are attached. (Attachment A1) There shall be no allowances made for sex, race, religion or national origin in the selection or serving process of any provider, nor of the Scholarship Program itself. Applicant children shall meet eligibility requirements set forth by the Program, including residency, age and related guidelines. Definition of services The Child Day Care Scholarship Program shall provide child care subsidies to income eligible clients who are employed full time, i.e., 30 hours or more per week and who would otherwise be at risk of becoming eligible for AFDC. The subsidy shall be made available on a sliding fee scale basis.' Policy and procedures for the determination of .family composition and gross monthly income are attached. All participating parents will contribute toward the cost of care. Regulation of Providers Clients may choose among the three major types of child day care: child day care centers, family day care homes, and in-home child day care providers. Providers must be regulated except individuals providing care solely to members of the individual's family. Providers shall afford parents unlimited access to their children during normal hours of provider operation and whenever children are in the care of the provider. Attachment A Page 2 Case management process The family need for child day care shall be assessed at the time of application to Vendor. Eligibility will be determined and verified and appropriate referrals made to community agencies if necessary to assist the client with appropriate child care arrangements. To assist in selecting a provider, the worker should encourage the parent to consider the individual developmental needs of the child, ability of the provider to meet the needs of the family, proximity of the provider to the child's residence or school, proximity of the provider to parent's residence or employment site, travel time of the parent/child to the provider's location, and cost of care. The worker shall review at least annually, and whenever changes are reported, the household composition and monthly gross income to ensure on-going eligibility or to make adjustments to a parent's fee. Acceptable verification may be a copy of the earnings check, check stubs or a written statement from the parent's employer(s) or the source of the parent's income. Additionally, at least an annual review of the client's circumstances must be done. Waiting List The waiting list shall be maintained by date of request for service and shall be first come first served. Evaluatiop Oversight and evaluation will be performed monthly by the United Way Child Care Scholarship Committee and once yearly through the City of Charlottesville Social Development Commission and the County of Albemarle Program Review Committee. The efficient and effective distribution of funds is the standard of evaluation. Staff involved in service delivery See attachment C & Cl. Equipment and Resources Purchase of one mircrocomputer and related softw~re for financial reports and invoice control. Purchase of office furniture and, related equipment. Attachment A Page 3 3pecial provisions a. The fOllowing entities will allocate $129,967" which will constitute the required local match for the federal fee system child care funds of $129,967, thus allowing for a total of $259,934 for the Child Care SCholarship Program: County of Albemarle City of Charlottesville United Way - $23,450 - $65,105 - $41,412 Out of this total amount of $259,934, up to 15% of the allocation or $38,990 will be used for the administration of the program by the United Way Scholarship Program (13% or $33,791) and Albemarle Department of Social.Services (2% or $5,199). b. Local and matching funds allocated for sCholarships by the City of Charlottesville and the County of Albemarle shall be used solely for their respective families and shall be used prior to the use of United Way funds. The United Way allocation will constitute a pool of funds for Charlottesville and Albemarle residents to be drawn upon based on need, with the goal of maintaining historical allocation of 50%-50%. c. Paragraph 5 not withstanding, should federal funds not be available to cover encumbered funds for the month of June 1993, and the United Way pool is already expended, the, City of Charlottesville, County of Albemarle and United Way each agree to assume the match the liability for the families currently being served with their respective shares or contributions. d. As fiscal agent, the County of Albemarle agrees to appropriate the total required federal match of $129,967 in order to reimburse United Way for expenses. e. The City and County agree to advance the first two quarterly payments at the start of the fiscal year. It IN FAMILY 2 3 4 5 6 7 8 ATTACHMENT Al UNITED WAY CHILD CARE SCHOLARSHIPS APPROVED PAYMENT SCHEDULE EFFECTIVE 7/1/91 GROSS ANNUAL FULL-TIME WEEKLY BEFORE/AFTER SCHOOL INCOME SCHOLARSHIP AMT. SCHOLARSHIP AMOUNTS $ 0-11,580 $41.00 $ 19.00 11,581-14,484 32.00 18.00 14,485-18,396 25.00 17.00 0-14,304 41. 00 19.00 14,105-17,892 32.00 18.00 17,393-22,728 25.00 17.00 0-17,040 41.00 19.00 17,041-21,288 32.00 18.00 21,289-27,060 25.00 17.00 0-19,764 . 41. 00 19.00 19,765-24,696 32.00 18.00 24,697-31,380 25.00 17.00 0-22,488 41.00 19.00 22,489-28,104 32.00 18.00 28,105-35,712 25.00 17.00 0-22,992 41.00 19.00 22,993-28,752 32.00 18.00 28,753-36,528 25.00 17.00 0-23,508 41. 00 19.00 23,509-29,388 32 . 00 18.00 29,389-37,332 25.00 17.00 Infant Stipend: For children under the age of two, add $20 per week to any scholarship amount for which the child is e1i~ib1e. Scho1alship amounts represent maximum amounts which may be paid in each category, and are incexed to prevailing rates in approved provider's settings. Scholarships can cover tp to 70% of applicable child care costs in a given child care setting. ATTACHMENT B ~1ARCH 1992 UtITED WAY CHILD CARE SCHOLARSHIP PROGRAM STATISTICAL REPORT APPL RECID SCHOLARSHIPS DE~IED ACTIVE TERMIN WAIT AWARDED APPLIC CHILDR LIST PRO' IDER MO YTD --------------------------------------------------------------- MO YTD NEW YTD MO YTD --------------------------------------------------------------- Bar ett 1 1 5 1 - . - --------------------------------------------------------------- 1 Gre ne 2 --------------------------------------------------------------- 11 1 Trinity 2 2 Wes minster 1 . --------------------------------------------------------------- 2 2 5 --- --------------------------------------------------------------- YMC~ 3 Other Centers ---------------_._-------~-------------------------------------- 3 13 Hom~s 11 --- --------------------------------------------------------------- o 7 1 1 34 --- --------------------------------------------------------------- Albern. Teens 1 4 5 1 Other --- --------------------------------------------------------------- Sum~er Only --- --------------------------------------------------------------- --------------------------------------------------------------- --------------------------------------------------------------- TOT I\L : 8 25 0 5 1 3 78 8 74 ---~--------------------------------------------------------------- 72 awards carried over from 1991 Wai~ing List By Locale: this mo. 21 42 4 4 1 1 1 Alb!=marle Cha....lottesville LoulLsa Fluv-anna Gre!=ne Nel~on Buckingham (prior mo.) (17) (38) 4 4 1 1 1 Previous month active: This month awarded: This month terminated: 78 o o THIS MONTH ACTIVE 78 Dur~ng the month of March there were 29 requests for information, froln which 15 applications were distributed. 8 applica tions were rec~ived: 5 eligible and on the waiting list 2 waiting for more information 1 denied (over-- income) ATTACHMENT B UNITED WAY CHILD CARE SCHOLARSHIP PROGRAM MONTHLY FISCAL REPORT March 1992 UN TED WAY (Fiscal year January 1 - December 31, 1992) Allocation Designations (estimated) Scholarships, spent Scholarships, encumbered * Admin., spent, encumbered Total spent, encumbered Unencumbered balance Mollie Michie Fund balance $82,824.00 $15,809.00 49,101.00 8,282.00 $73,192.00 $ 9,632.00 CI Y OF CHARLOTTESVILLE (July 1, 1991 - June 30, 1992) 1,535.43 Allocation Scholarships, spent Scholarships, encumbered * Admin., spent, encumbered Total spent, encumbered Unencumbered balance $62,578.00 $41,630.00 13,026.00 6,257.00 $60,913.00 $ 1,665.00 AL EMARLE COUNTY (July 1, 1991 - June 30, 1992) Allocation Scholarships, spent Scholarships, encumbered Admin., spent, encumbered Total spent, encumbered Unencumbered balance Allocation, Teens Scholarships, spent Teens, encumbered * Admin., spent, encumbered Total spent, encumbered Unencumbered balance * dministrative expenses breakdown Administrative Allocation United Way Charlottesville Albemarle Spent to date $20,250.00 $15,459.00 2,151.00 2,025.00 $19,635.00 $ 615.00 $10,000.00 $ 4,45].00 3,305.00 1,000.00 $ 8,763.00 $ 1,238.00 $ 8,282.00 6,257.00 3,025.00 $14,004.00 . EDUCA ION: RESUME Jewel E. King 763-F Mountainwood Qlarlottesville, VA (804) 296-9892 ATTACHMENT C Rd. 22901 Florida International University, Miami, FL - MSW Degree, 1988 Graduate Internship - NW Dade Community Mental Health Center Eastern Mennonite College, Harrisonburg, VA - BSW Degree, 1980 Graduated Cum Laude Spanish (fluent) HISTORY I Barr- ot~ Productions CharI ttesville, VA July 990 - September 1991 1986 - January 1987 ital - July 1986 Etc. - Sept. 1983 Chris Services Miami and Homes tead, F1.. Decem r 1981 - Aug. 1982 Octo r 1980 - Aug. 1981 ia (Residential) City, MD s of 1980, 1979 EMC Office Manager - Wrote and typed (PWP) promotional materials Public relations, review of AV materials Physician Services Coordinator - Wrote and typed physicians psychiatric reports Assisted as needed with admissions, staffings, etc. Intake Counselor/Mental Health Counselor - Counseling, intake, assessment, data entry Group Therapy Coordinator - Documented group therapy sessions -written reports Editing, proofreading, typing Interpreted family therapy sessions (Eng./Span.) Physicians' liaison, verified insurance coverage Admissions Coordinator - Assessment, counseling, coordinating intake process Determined patient financial status, data entry Independent Contractor - Public relations, sales, inventory, bookkeeping Produced advertising and fund-raising materials Social Worker and Caseworker - Acculturation services, counseling, referral Job development, linnigration services, ESL referral Community food/clothing services, record keeping Program Director - Supervised eight staff persons, and volunteers Coordinated counseling, hotline service, activities Involved in outreach and compiling resource book Managing Assistant - Assisted with typing, filing, bookkeeping Operated AV equipment, reviewed AV materials for various community and church organizations Piano tuning and guitar instruction -l . I I I DATf: JOBI TITLE: I REP~RT TO: OBJfCTIVE: I I I Fl~FTION: ATTACHMENT C September. 1991 Program Coordinator Child Care Scholarship Program ( I Administer the Child Care Scholarship program under the policies as established by the Child Care Committee. Chief Professional Officer The incumbent is the chief operations person for the the program. Specific duties include but not limited to: Receive and process applications including distribution, evaluation and approval or denial of scholarships. authorize payments to approved providers. maintain a waiting list of eligible children for the program, prepare reports, financial and statistical, for the committee, serve as secretary to the committee. Do all tasks. related to the administration of the program and such other duties that will be consistent with the reporting and administration of the program and the staffing of the committee as assigned by the CPO. SP~CIFICATIONS: A Bachelors Degree. experience preferably in a social service, educational or non-profit environment involving children. LINE ITEM BUDGET ATTACHMENT DO ~ ~ United Way Thomas Jefferson Area 413 E. Market Street P.o. Box 139 Charlottesville, VA 22902 (804) 972-1701 . Administrative Expenditures Salaries Director Clerical Assistant Payroll Taxes $17,500 11,250 2,150 Computer 2,891 Total $33,791 . . ~N WITl ESS WFEEEOF, the pa ::tJ..es hereto have e;-::ecuted ;-l.l1d sc.>al€:l -:::~l ~::; Agr>:,eme )t. . By Sl~~ gf3~~ purchasing Agent Co nty of en ," '. By -- ~~ .rr OF FUNDS: APPROVED AS TO FORM: "'-~/f~ . Char~tesvill~ty Attorney CERTIFIED AS TO AVAILABILITY OF FUNDS: ~ Attorney ~ f.~tY City of Charlottesville Department of Finance This A reement is effective only with approval of an Authorized Represe tative of the Commonwealth of V~rginia Department of Social Services as in4i bY~~he Bignature below: .r Authorized Representative of Commonwealth of Virginia Department of Social Services . . ') ., ~f II : t . Date Title ,. ....vrf"'1 '....q.'r Arr~.,"'\C! 1. THIS DEED, taxed pursuant to virginia Code section 58.1- 811.A.3, made this 13th day of July, 1992, by and between PRESTON o. TALLINGS, unremarried widower, Grantor, and the COUNTY OF ALB VIRGINIA, Grantee, and O'NEILL REALTY AND MORTGAGE COR ORATION, Noteholder, and ORBIN F. CARTER, TRUSTEE, additional Gra WIT N E SSE T H : For and in consideration of FIFTEEN THOUSAND AND NO/100 DOL S ($15,000.00) cash in hand paid, the receipt of which is her by acknowledged, the Grantor does hereby GRANT, BARGAIN, SELL and CONVEY, with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE, unt the Grantee, County of Albemarle, Virginia, in fee simple, the fol owing described real property, to-wit: All that certain lot or parcel of land containing 20,675.99 squ re feet, and shown as Residue "A" on plat of Thomas B. Lincoln, Lan Surveyor, Inc., dated January 3, 1992, revised February 22, 199 entitled "Plat showing Right-of-Way Hereby Dedicated For Pub ic Use Also showing A Drainage Easement Hereby Dedicated To Pub ic Use A Portion of the Property Belonging to Preston o. Sta lings As Recorded In Deed Book 710 Page 182 Located on Berkmar Dri e Extended", a copy of which is attached hereto. Reference is mad to this plat for a more particular description of the land con eyed herein. 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Jr Scottsvtlle Davld P Bowe man Charlottes viii Charles S Martin Rivanna Charlotte Y H mphris Jack Jouett Walter F. Perkins White Hall June 18, 1992 Mr. George R. St. John Co nty Attorney 416 Park Street C arlottesville, VA 22901 Dear Mr. St. John: At its meeting on June 17th, the Board authorized you to ercise an Option Agreement to purchase 20,675.99 square feet of designated as "Residue A" on the attached plat. The Board also adopted the attached resolution authorizing to initiate a "quick take" condemnation proceeding on Tax Map Parcel 100A, and Tax Map 45, Parcel 100B, if an agreement is reached with the owners by June 19, 1992. ~.?~ Lettie E. Neher, Clerk, CMC L :ec Attachments (2) cc: Robert W. Tucker, Jr. Robert B. Brandenburger Jo Higgins RES 0 L UTI 0 N BE IT RESOLVED by the Board of Supervisors of Albemarle c~unty, Virginia, that the County Attorney is hereby authorized to i~itiate a "quick take" condemnation proceeding on the following d scribed properties if the appropriate deeds have not been a quired by June 19, 1992: i I i A. TMP 45~100A Owner: John T. Green B. TMP 45-100B Owner: Sally Green * * * * * I, Lettie E. Neher, do hereby certify that the foregoing w~iting is a true, correct copy of a resolution adopted by the Bqard of Supervisors of Albemarle Count , Virginia, at a regular m~eting held on June 17, 1992. ..~ , of C nty Super ~ ~ z o :> -= ~. o >-. CD >- :i V) 0 8 -g:?~ o IZN i{) ~~~ 8 8.8 g> &3 CE> ::;E.!!' ..~-= a;)~~ "0" ~iii] D~ 5 ;::~6 C\.I 1.1... o w w :r: (/) ~ \ " ~ o w ~ o W Ii: ~ (,) <t: W m w (/) :J (,) :J m :J a... g ~ <t: 2J 0 ~t!> l=! =:l ~ (/) <! (,)3=L;)~ :Jo w ~~~o a...O~w ~~~m l.1...<t:012 ~ w~~ ~ ~aJ~ ~ O~15 ~ d fC </.~0 m ~~~~r0 ~(/) ~5~~ ~~~~~~~ ~::1o~WZJ a...c<l:ZIi:-.J:J 1.1...~-~d8- oo8z&; 8 z ~o~~L-;;- Qzool-li:- Er: f2 (,) ~ 0 <t: ,. ~~~~~~~ u.; u.; u:u.; u.; u.; If) If) If)lf) If) If) ro~8l~~ m .; r<i.o....:~ <Ii ooJ\HD_~_t-_ 12_ ro o<tt- - C\J<t C1l If) Z n:: .., >-Q ~~ 0 f-' g u:J ~~ oz =>~ z=> 00- 31:2 ~~.=: ~ u:::'" u=> .u.. :d~}: <lro\> a.: w8 w(/) 3~ ' w' - = ~~ ..JlL ~~www ~ ~o Q;O- ' =>=>3 " " I- _00 t9 WZ :::=0 ~~illf{jiG cr 55 wo: LLlL OJ (5 __ (L o:oo:o:n: 0 <1m qQ I 12 ~~ ~r <In 0 ~~ I ~- 1'\(""-'_ "_. ~j '-' .") '\.....- . . vL (j117/C?/o, , , COUNTY OF ALBEMARLE -lWe.- Department of Engineering 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5861 EXECUTIVE SESSION - 17 JUNE 1992 TO IC: BERKMAR DRIVE EXTENSION CIP PROJECT PROPERTY ACQUISITION 1. The Board previously certified the contract - OPTION TO PURCHASE RESIDUE "A". This option is due to terminate on 28 June 1992. Attached is the CIP budget based upon bids opened 6 June 1992. The Board indicated that the decision to purchase or not to purchase was to be considered after staff determined if funds were available within this budget to exercise the option. This is to request. the Board authorize the purchase of Residue "A" using funds designated wi thin this budget. 2. At present, the following easements/right-of-way deeds have not been executed by the property owners. This is to request the Board authorize the County Attorney to instigate "take" proceedings IF by 19 June 1992 the appropriate deeds have not been acquired. A. TMP 45-l00A - ROW, Sewer, Temporary Grading Owner: John T. Green Total value less than $10,000 I f J9" <~ B. TMP 45-l00B - ROW, Sewer, Temporary Grading * Owner: Sally Green Total value less than $10,000 i I I / * - Expect to resolve by 19 June 1992 Reg rdless of this authorization, staff will continue to negotiate with these property owners to fina ize these documents. IT IS ABSOLUTELY NECESSARY TO THIS PROJECT TO AU HORIZE THIS ACTION IN ORDER TO GO FORWARD WITH THE CO STRUCTION CONTRACT AWARD. Jim Bowling, Assistant County Attorney Bill Brent, ACSA Robert W. Tucker, Jr., County Executive Robert B. Brandenburger, Assistant County Executive FAX (804) 972-4060 " (>>J 1-1 I l~ I tj .2- ~. H....__ -~. --- County of Albemarle I 'j ;(C,') EXECUTIVE SUMMARY AGEND~ TITLE: Berkmar Drive Extension- Option: to Purchase Residue AGENDA DATE: June 17, 1992 ITmI NUMBER: ) tJ~ .t)(;?17(S,a. ACTION: INFORMATION: SUBJEC~/PROPOSAL/REOUEST: Request Board authorlization to exercise the option to purchaise real property residue. CONSENT AGENDA: ACTION: X ATTACHMENTS: Yes STAFF CONTACTCS): Messrsl. Tucker, Brandenburger & Ms. Hi gins REVIEWED BY: - BACKG~UND: On May 6, 1992 you ratified an Option Agreement signed by the County Engineer for 2,675.99 square feet of land designated as "Residue A" on the attached plat. The decisibn to exercise the option was deferred pending the bid opening and identification of funding. The option must be exercised by June 28, 1992. , DISCUSSION: The Berkmar Road extension bids were opened on June 6, 1992. purcha:se price can be funded within the original CIP budget. The $15,000 RECO~NDATION: Authorize the County Attorney to exercise the Option Agreement to purchase Residue A using funds designated within this budget. jbt 92.086i ~ 12 w~~ ~ ~ai~ ~ oBo Sl ~ F= <i~~ en ~~~~Iff >-(f)lri~~~~ 5:19ooc19 ~ ~~lli~~~~ ~ :J a ~w Z J Q... :<t Z 0:: -l ::> LL~-l:8d8- oo8z&; 8 z ~o~~L-; ~~~~;~~ <r[~9D~~ ~. &/ w (f) ::> u :J en ::> Q... ~12 <![5o 12~19 ~ ~ ::> ~ (f) <! :;:u3:~~ ~:=iO w o~~~o t:Q...o~w !3o-:~~en 0::2<1012 o W 0:: 3 u <! W en -= ~ ~ z o :> ...~ o >.. lD. > ... ::> In 0 8 -g~~ C ~N iO ~~~. 8 0'&]183 ~E> :::;c~ .~':: =~~ -o~ ~ Vi.:2 !2~l ;=~u -ffi ii5 @ 8 -~ NO' 8 r-: + t'1 Jd8 <Xl CD Q \ ~ I .-~;~ \ ~ i t ~Z ~~--~ _N "'-/_ '" ~fi~ 0...2,., " . ~, ~ ~ z ~ "f-~ 9 "~ ~~ 8 I "- ~ ~ 8 ~ J I ~ ~~, -2~s~ro~"oo ~ :_~ / _ I'- o...~ LO " I :J ~ ~ ~:J4u; ~ SI, u.; _ - :::5 / ~u 0, =<! ~~ II~I ~~r):~~~ /!JS~! ~~. ~ ~ !J/ ~ ~ to ~ ~ !:Q "~~~ ~ 2 f;--f-~ g @ 00&1,)i0/ ~ :-- ----j t:1:i,' / ~~ I'- (!j (/) ~ ~ f-~ g ~ ~ t---.-... 3S>l- / <!~:: I ~o .~o"" ~~;:;:f6 ~o::aiai I=o...c:ic:i I- W W :r: (f) N LL o " '- ~ o w S u.; u.; u.:u.; u.; u.; (/) (f)(j) Ul Ul Ul ro~8llB~ m .; r<ilti....:~ a:i 00_ ~ to_ ~_I'-_ 12_ ro o<:tl'- Ul - N<:t Ol 0:: 2 rO ""T rQ ~3! 0 f- ~ uJ ~~ 02 ::)[5 2::) Oel.. ~[? ~~ c ~ u~ u::) U).-- w8 ~ W:<(cr(u a.. w(/) t)~ W - - ~~ -!LL \:;~www ~ ~O Q'el.. ~ ~iSiS3 i9 LO ~ II w2 LLLL 0~illRjiG a: :55 wet: -0- mg et:orrrro:: 0 <.(iL den COUNTY OF ALBEMARLE ~~ \ Ii JUl-HISi ~ BOARD OF SUPEfMSORS MEMORANDUM 0: FROM: DATE: RE: Ella Carey, B~~~ of Supervisors Clerk Jo Higgins, ~ctor of Engineering 6 July 1993 Berkmar Drive Extension ClP tachment A is the Deed that was executed by David Bowerman on August 1992. The purpose of this deed was to take title to sidue A as approved by the Board. This deed has been marked id and will not be recorded. Subsequent to his signature, a vision to the plat was necessary to finalize the right of way dication. Since the same plat was used for both the right of y dedication and property conveyance, a revised deed was cessary. e final deed (Attachment B) was revised to include the revision te as stated on the plat. ease have Mr. Bowerman execute the final deed and return to me soon as possible so we can proceed with the recordation and ad acceptance procedure. you or Mr. Bowerman have any questions, please advise. . , \j D"I- D ~ THIS DEED, taxed pursuant to Virginia Code Section 58.1- p11.A.3, made this 13th day of July, 1992, by and between PRESTON ~. STALLINGS, unremarried widower, Grantor, and the COUNTY OF LBEMARLE, VIRGINIA, Grantee, and O'NEIL REALTY AND MORTGAGE ORPORATION, Noteholder and ORBIN F. CARTER, TRUSTEE, additional rantors; WIT N E SSE T H : I For and in consideration of FIFTEEN THOUSAND AND NO/100 I pOLLARS ($15,000.00) cash in hand paid, the receipt of which is terebY acknowledged, the Grantor does hereby GRANT, BARGAIN, SELL nd CONVEY, with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE, nto the Grantee, County of Albemarle, Virginia, in fee simple, the ollowing described real property, to-wit: I I I rquare feet, and shown as Residue "A" on plat of Thomas B. Lincoln, and Surveyor, Inc., dated January 3, 1992 entitled "Plat Showing All that certain lot or parcel of land containing 20,675.99 ight-Of-Way To Be Acquired For Public Use Also Showing A Drainage asement To Be Dedicated To Public Use A Portion of the Property elonging to Preston O. Stallings As Recorded In Deed Book 710 Page t82 Located on Berkmar Drive Extended", a copy of which is attached *ereto. Reference is made to this plat for a more particular ~escription of the land conveyed herein. This parcel of land is a portion of the property conveyed to he Grantor by deed of Greenfield Mobile Homes Park, Inc., a irginia corporation, dated February 3, 1981 and recorded in the ~lerk's I I I I I Office of the Circuit Court of Albemarle County, Virginia, 1 A in Deed Book 710, Page 182. Juanita P. Stallings died November 6, 1987, and title to said property then transfered to Preston O. Stallings by operation of law. This property is conveyed SUBJECT TO any and all applicable ~asements, conditions, restrictions and reservations contained in , tluly-recorded deeds, plats and other instruments constituting , ponstructive notice in the chain of title to the property herein ~onveyed which have not expired by a limitation of time contained , therein or have not otherwise become ineffective. The property hereby conveyed is subject to the lien of a certain deed of trust from the Grantor to Harry N. Lewis and Orbin , F. Carter, Trustees, (any of whom may act), dated June 16, 1992, ~nd recorded in the aforesaid Clerk's Office in Deed Book 1232, I , :page 167, securing of record O'Neill Realty and Mortgage , I ~orporation in the original principal amount of $150,000.00. , I Orbin F. Carter, Trustee, with the consent of O'Neil Realty I ~nd Mortgage Corporation, as evidenced by its execution hereof, teleases unto the Grantee all of the right, title and interest of the Trustee in and to the real property herein described only. It ts expressly understood by the Grantors, O'Neil Realty and Mortgage ~orporation and Orbin F. Carter, Trustee, that the obligations of Grantors pursuant to the twenty-six bonds dated June 16, 1992, fPecured by said deed of trust, shall remain in full force and ~ffect, and that Orbin F. Carter, Trustee, and O'Neil Realty and Mortgage Corporation intended to release only the real property 4escribed herein and no other real property is released. 2 . The Property is hereby accepted by the Grantee, pursuant to ~ resolution duly adopted by the Board of Supervisors of Albemarle Founty on ';(\1~~_ \ ~, 1992, authorizing it's chairman to act bn behalf of Albemarle County, Virginia. WITNESS the following signatures and seals. ~~ ~~eall RESTON O. STALLINGS O'NEIL REALTY AND MORTGAGE CORPORATION BY: IDD-t-u-\ J ,~Sfl~ (Seal) TITLE: V ie.e pr-t's t\:J ~^"'t ~FL~ T~(Seal) ORBIN F. CARTER, T~USTEE (Seal) . Bowerman, Chairman, Supervisors of Albemarle 5'"- "3/-'1L- , ~TATE OF VIRGINIA ~OUNTY OF ALBEMARLE, to-wit; I I I ~f ~ foregoing Deed Uj-VSL was acknowledged before me this ~" yJ'? day , 1992, by :RESTON O. STAL~NGS. , dIu h ;n, (! t7-t. h~~~ Nota Public / ~y Commission Expires: : b/dl/9i 3 . STATE OF z;:;:;~ ~ ~ -<- ~ . CITY / COUNTY (ifF C?lLd.< /oULJ-t-I.l //~ , to-wit; Deed was acknowledged before me this c:??'~ day , 1992, by ,,6l0A:-<l'Ld-' JJ" h:5'<'-~9~J , of O'NEIL REALTY ,ND tY MORTGAGE ~-t./;.y-- C/ ~nyJ~+-) Nota~ Public ' ~y Commission Expires: S-dl-9~ ,/ILL I STATE OF VIRGINIA " ~ITY / COUNTY OF {!At2A .ItOi..J~ <;.l.J/ Ih.-l , to-wit; T~e foregoing Deed was acknowledged before me thisc~~~~' day pf C~;t~S~ , 1992, b~ ORBIN F7 C~ER, TRUSTEE. : ~L-<h~, ~ ~np~ : No~ry Public / tty Commission Expires: g?-.3 / - ~~ , ~TATE OF VIRGINIA &Z ~~Y / COUNTY OF , /D€/J'I(l;.fL I , to-wit; the Grantee's I I ~ounty of Albemarle, Virginia ~/o Robert W. Tucker, Jr., County Executive 401 McIntire Road ~harlottesville, Virginia 22902-4596 Expires: ./lllay address is: was acknowledged before me this , 1992, by DAVID P. BOWERMAN, Albemarle~ounty. ~ t,- !u C~U Notary Publi 3/'>t d . ay CHAIRMAN, " ~,he foregoing Deed cD f /t 9!-iAj ~oard of Supervisors of I I I I friy Commission 21, /1?-5 4 ~ ~ z o :> -fB ~ @ 8 -~ C\I g r-..: 0... r<l .b~ 00 ~ ~ w~t C> ~CJg: ~~ ~8~ ~ ~~ ~~~~~ ~~cn~~~~~ Ii: C> 0 rr <t ~::> ~~~~~~~~~ W<t2fJ~-' rr c>wl-~~~w;;j;<-o ~z(/)<t..... aro>~ >L;)uOO.wzUl 0 u;: a a ~~ ~a~~~Ui~~ [2<taf2<t8:~9u~(/) , a '~ a u <t w CD ~; ~~ ~~ CD Q \ oJ, 1 -C\1 ~ 'Wi 1 C\I ~f'- f-- ~ -~~I --~ ~ ~ l~ o-~ r<l ~::i ~ _~~,~~9 \> U 8 ~ ~ r ~:~ , / -0 \ ~ + lO~ ~ a. ~ ~ / N r1)!B.::J 2.:J I / ~(l) f-- I --~ f'- O-ftl 10 / (l) <t.:J IJ..' .:::5 ~~u- 81/ _4. u;~. . I,-.,! }f'KJIS3& ,':8 ~ - en Lli I--1S ~ ffi O-Gi LiJ o 10 --11 2 "I to ~,6l ~~ (j) [D ~f--~ f-- Ci: Va..;: V W 0 g Z '~~~ri:. 0:: C\I 1B I ......0-" u.._ ~~- -~f I ~ ~ J ~ ~~ ~ E5( <t~~: I ~d '~Of'- ~ff{~ ~[f~~ \ " u.; U; lJ.:U; U; U; en en en en en en ro~m~lR m .t r<i .0"": ~ <ri roJl to. ~.f'-_ ~. 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'" > :; IF) 0 "'0,,(>- 8 C -"" o ~N iD ~-S~~ 8 oJll'~ ~E> ~c~ . --~ cc~~ .., c ~ 0-- EV}~ o~ ;1 ;::~D Q5 (\JO- 0-' -I"- IO (f)(\J 0:: :1;~0- ii(\J ~ 0 ~ = 0- . . ~U(l) 1-00 120- @~ Ou.. ~o ~h; W<t 0::0- W I<t ~(f) _ W :<t~ WU :::J~ . ~ 90(1; o fJzoh Z o::<t~ f2 00- ~~ ~~ >-1- ffio:: ffict I<t ~(f) W ~u6 wfrl(\J i3(l)~ u=;oi l1!~~ (f) W 0:: a:: ~ Z o (f) !e2 ~ ~ o U >- ::2: N LL o N t;J W I (/) t' ... . ~ t \;""1:; H j I'l'l~'" ~ ..J I .~I ,I, 'i~__...... .l Edward H. Bailn. Jr Samuel Mille~ COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 David P. Bow~rman Charlottesvillr Charlotte Y. Hlumphris Jack Jouett : June 22, 1992 M~. Edwin C. Bearss Cliief Historian N~tional Park Service H~story Division (418) pd Box 37127 W~shington, DC 20013-7127 I I Delar Mr. Bearss: I I I On behalf of the Albemarle County Board of Supervisors I w~nt to convey our enthusiastic support for the nomination of S~ack Mountain as a Natural Historic Landmark. Albemarle C~unty has a longstanding goal and conunitment to conserving tHe Countyls historical and cultural resources. I , The designation of Shack Mountain as a National Historic L~ndmark will stand alongside Monticello, The Rotunda and the Unliversity of Virginia Historic District as examples of our hi~toric heritage. ,~fiGerely , (/ >'~4/C/01~ L/~avid P. Bowerman Chairman DPJ3:ec I I eel: Members, Board of Supervisors I r" (t \ \{ / i _' \' / 1 f \ J t..di Forrest R Marshall. Jr Scottsville Charles 5 Martin Rivanna Walter F Perkins White Hall I.):c:', ,.,:,' '.: C. . ~., /.;4.. 7..." 014,___.......-. .... .. <. County of Albemarle ~) r I EXECUTIVE SUMMARY AGENDA ITLE: National Historic Landmark Designation for Shack M untain AGENDA DATE: June 17, 1992 ITEM NUMBER: .., ,. i ,/- -< 'J -. ACTION: INFORMATION: CONSENT AGENDA: ACTION:~ INFORMATION: ATTACHMENTS: Yes - STAFF C Messrs. Cilimberg REVIEWED BY: BACKGRO The Nat onal Park Service (NPS) is considering the nomination of Shack Mountain as a Natural Histori Landmark and is soliciting comments by July 7th. The attached staff report supports the nom nation and recommends your endorsement of the nomination. The detailed Park Service report's available for review in the Clerk's Office. I I ATION: e the Chairman to send a letter of support for the nomination of Shack Mountain as al Historic Landmark. 92.081 COUNTY OF AlBE.tvlARlf. ~~"t~ /_'v<~, ;~.:~1; ~: jl l' .1; t" :1~-. " ...-l.~"'_"__"__,_"__"""",,,,__ . ~ ";. f'P~' -. .~ .~., ;:'c.:.'.;.'f. JUN n 1992 iU'.'{'~ ";',\ n " " ~,~ ~ ~ t("'-,,,,,,.........,,,...."'. .,'r~"..-~"'I. j I ~T1r ~~__;i{~i ::.(:\ ;:: -;r"';; ~~'Ji ,<-" ,J r.XECUTiVF OFFlr.~ COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-45% (804) 2%-5823 I MEMORANDUM I I to: Bob Brandenburger, Assistant County Executive V. Wayne Cilimberg, Director of Planning and Community Development thJu FROM: I IDATE: I I I ~E: June 8, 1992 I I I I ~he National Park Service (NPS) is considering the designation of Shack Mountain as a National Historic Landmark. There are qurrently only three National Historic Landmarks in Albemarle qounty: The Rotunda, the University of Virginia Historic District, and Monticello. The purpose of the National Historic ~andmarks Program is to focus attention on properties of ~xceptional value to the nation as a whole rather than to a particular state or locality. All National Historic Landmarks ~re also listed in the National Register of Historic Places. The ~ational Register includes, in addition to National Historic llandmarks, properties significant to the Nation, State, or qommunity which have been nominated by the States, Federal ~gencies and others; and all historic areas in the National Park System. Albemarle County has currently fifty-three properties ~isted on the National Register. Shack Mountain NHL Nomination Comments Shack Mountain was listed on the Virginia Landmarks Register on ~une 15, 1976, and on the National Register of Historic Places on Sleptember 1, 1976. The national significance of the house is that it was designed by and for Fiske Kimball (1881-1955) whose c!ontributions to American art and architecture are outlined in I . t~e nomlnation report. , S~ack Mountain is a residence located on Tax Map 44, Parcel 35A j~st west of the Ivy Creek National Area, and on the south side of the South Fork Rivanna River Reservoir (Ivy Creek). Another N~tional and Virginia Register property, the Woodlands, is lpcated adjacent to the north. Shack Mountain is included in the Iwy Creek Agricultural/Forestal District, a seven year district ob Brandenburger age 2 une 9, 1992 stablished on November 2, 1988. Access to Shack Mountain is rom State Route 657, Lamb's Road. The proposed Route 29 Bypass lternative 10 is located approximately 3,600 feet south of the ouse. effects of a National Historic Landmark designation include effects for a listing on the National Register: Consideration in the planning for Federal or federally assisted projects; Eligibility for Federal tax benefits; Consideration in the decision to issue a surface coal mining permit; Qualification for Federal assistance for historic preservation, when funds are available. In addition, the property is given recognition for its xceptional value to the nation as a whole. The Secretary of the Interior must prepare an annual report to Congress which identifies threatened National Historic Landmarks. National istoric Landmarks may be studied by NPS for inclusion in the ational Park System. garding the specific effects of the National Historic Landmark signation on Alternative 10, there are two separate provisions the National Historic Preservation Act for 1966, as amended, ich require comment by the Advisory Council on Historic eservation. Section 106 requires that federal agencies dertaking a project having an effect on a listed or eligible tional Re ister property must provide the Advisory Council a asonable opportunity to comment. Section 110(f) requires that fore approval of any Federal undertaking which may directly and versely affect any National Historic Landmark, the head of the sponsible Federal agency shall, to the maximum extent possible, u dertake such planning and actions as may be necessary to m'nimize harm to such landmark, and shall afford the Advisory C uncil a reasonable opportunity to comment. e Phase I Historic Architecture Survey prepared by John Milner sociates for the Rt. 29 Corridor Study does not address Shack untain. According to a representative of the firm, Shack untain was later addressed in an appendix to the study. cause Shack Mountain is located more than one-fourth mile from e centerline of the Alternative, and because a ridge line ob Brandenburger age 3 une 9, 1992 property from the Alternative 10 route, it was not be impacted by the highway. The representative aid that the same one-fourth mile distance would be used in a eview of a National Historic Landmark property. Therefore, the roposed designation would not appear to have any effect on lternative 10 alignment. he Comprehensive Plan states as a goal: "Protect the County's atural, scenic and historic resources in the Rural and Growth reas." The historic objective states: "Conserve the County's istorical and cultural resources, including historic sites, tructures and landscape features; archaeological sites; and ther unique man-made features." ecommendation: The Board of Supervisors should endorse the omination of Shack Mountain as a National Historic Landmark. CjMJSjj cw PROPERTY STUDIED FOR NATIONAL HISTORIC LANDMARK DESIGNATION SHACK MOUNTAIN CHARWTTESVILLE, VIRGINIA I commenting on the possible designation of the property identified above, you may find uidance in Section 65.5(d)(4) of the enclosed regulations. he History Areas Committee of the Secretary of the Interior's National Park System dvisory Board will evaluate this property at a meeting to be held on Tuesday, July 7, 1992, a 9:00 a.m. in the Director's Conference Room (#3119) in the Main Interior Building at 1849 C Street, NW, Washington, DC. The History Areas Committee evaluates the studies historic properties being nominated for National Historic Landmark designation in order to a vise the full National Park System Advisory Board at their meeting on Monday, August 1 , 1992, at approximately 9:00 a.m. in the Many Glaciers Hotel at Glacier NatIonal Park, est Glacier, Montana, and will recommend to the full Board those properties that the ommittee finds meet the criteria of the National Historic Landmarks Program. S ould you wish to obtain information about these meetings, or about the National Historic dmarks Program, please contact Senior Historian Benjamin Levy at the National Park S rvice, History Division (418), P.O. Box 37127, Washington, DC 20013-7127; or by t lephone at (202) 343-8164; FTS 343-8164. I you have questions concerning the study, which was prepared by Architectural Historian arolyn Pitts of the National Park Service, you may contact Ms. Pitts at the History Division a dress given above, or by telephone at (202) 343-8166; FTS 343-8166. NATIONAL PARK SERVICE P.O. Box 37127 Washington, D.C. 20013-7127 @- . - . United States Department of the Interior MAY 8 1992 r. David P. Bowerman, Chairman lbemarle County Board of Supervisors 4 1 McIntire Road harlottesville, Virginia 22902 i, ' \, ,'1 ',- e are pleased to inform you that the National Park Service has completed the study of the p operty identified on the enclosed sheet for the purpose of nominating it for possible d slgnation as a National Historic Landmark. We enclose a coPY of the study report. The ational Park System Advisory Board will consider the nomination during its next meeting, a the time and place indicated on the enclosure. The Board will make its recommendation t the Secretary of the Interior based upon the criteria of the National Historic Landmarks P ogram. ou have 60 days to submit your views in writing, if you so desire. After the 6O-day riod, we will submit the nomination and your comments to the National Park System dvisory Board's History Areas Committee, which will then inform the full Advisory Board o the Committee's recommendations at the Board's meeting. The Secretary of the Interior ill then be informed of the Board's recommendations for his final action. T assist you in considering this matter, we have enclosed a copy of the re~ulations g verning the National Historic Landmarks Program. They describe the cnteria for d signation (Sec. 65.4), the effects of designation (Sec. 65.2), and specify how you may c mment on a proposed designation (Sec. 65.5(d)(4-5)). Should you wish to comment, p ease send your comments to me, at the National Park Service, History Division (418), PO. Box 37127, Washington, DC 20013-7127. S ncerely, win C. Bearss C ief Historian ~ .. PART 65-NATIONAL HISTORIC LANDMARKS PROGRAM Sec. 65.1 Purpose and authority. 65.2 Effects of desilI1ation. 65.3 Definitions. 65.4 National Historic Landmark Criteria. 65.5 DesilI1atton of National Historic Landmarks. 65.6 RecolI1ition of National Historic Landmarlu. 65.7 Monitorin8 National' Historic Land. marlu. 65.8 Alteration of National Historic Land. mark Boundaries. 65.9 Withdrawal of National Historic Land. mark DesllIl&tion. 65.10 Appeala for desllIl&tion. AtmlOKITY: 16 U.S.C. 461 et seq.: 16 U.S.C. 470 et seq. SOt7Rcr. 48 FR 4655. Feb. 2. 1983. unless otherwise noted. f 65.1 PurpoM and authority. The purpose of the National Historic Landmarks Procram is to identify and designate National Historic Land- marks. and encouralre the lona ranlre preservation of nationallY silDificant properties that illustrate or commemo- rate the history and prehistory of the United States. These relfUlations set forth the criteria for establlshinlr na- tional silDiflcance and the procedures used by the Department of the Interi- or for coDductina the National Histor- ic Lanc1marU ProI!'&lD- (a) In the Bl8toric Sites Act of 1935 (45 Stat. eM, 18 UB.C. 481 et &eq.) the Conaresa declared that it Is a national policy to preserve for public use his. toric sites. bulldlnp and objects of na. tional silDiflcance for the inspiration and benefit of the people of the United States and <b) To implement the policy, the Act authorizes the Secretary of the Interi. or to perform the followtna duties and functioM. amona others: ( 1) To make a survey of historic and archeololrical sites. bulldinp and ob- Jects for the purpoae of detel'D1in1nlr ~ 65.2 which possess exceptional value as commemorating or illustrating the his. tory of the United States; (2) To make necessary lnvestigations and researches in the United States re- lating to particular sites. buildings or objects to obtain true and accurate historical and archeological facts and information concerning the same; and (3) To erect and maintain tablets to mark or commemorate historic or pre. historic places and events of national historical or archeological significance. (c) The National Park Service <NPS> administers the National Historic Landmarks Program on behalf of the Secretary. f 65.2 Effec:tI of desirnation. (a) The purpose of the National His. toric Landmarks Prorram is to focus attention on properties of exceptional value to the nation as a whole rather than to a particular State or locality. The prorram recolI1izes and promotes the preservation efforts of Federal. State and local aaencies. as well as of private orl&niz&tions and individuals and encourages the owners of land. mark properties to observe preserva- tion precepts. (b) Properties desilI1ated as National Historic Landmarks are listed in the National Rell'ister of Historic Places upon desilI1ation as National Historic Landmarks. Llstina of private proper. ty on the National Rell'ister does not prohbit under Federal law or rellUla. tions any actions which may otherwise be taken by the property owner with respect to the property. (c) SpecifiC effects of desilI1ation are: <l) The National Reatster was de- silI1ed to be and Is administered as a pla.nnina tool. Federal alrencies under- takina a project havinlr an effect on a listed or el1lrible property must provide the Advisory Councll on Historic Pres. ervation a reasonable opportunity to comment pursuant to section 106 of the National Hlatorie Preservation Act of 1968. aa amended. The Advisory COUDell haa adopted procedures con. cerninlr. inteT CIliCl, their commenting responsibility in 38 CFR Part 800. (2) Section llO(f) of the National Historic Preservation Act of 1966. as 289 f 65.3 amended. requires that before approv. al of any Federal undertaking which may directly and adversely affect any National Historic Landmark. the head of the responsible Federal agency shall. to the maximum extent possible. undertake such ~lanning and actions as may be necessary to minimize harm to such landmark. and shall afford the Advisory Council a reasonable oppor. tunity to comment on the undertak. ing. (3) Listing in the National Register makes property owners eligible to be considered for Federal grants-in.aid and loan guarantees (when imple. mented) for historic preservation. (4) If a property is listed in the Na- tional Register. certain special Federal income tax provisiOns may apply to the owners of the property pursuant to section 2124 of the Tax Reform Act of 1976, the Economic Recovery Tax Act of 1981 and the Tax Treatment Extension Act of 1980. (5) If a property contains surface coal resources and is listed in the Na. tional Reiister. certain provisions of the Surface Mining and Control Act of 1977 require consideration of a proper. ty's historic values in determininl is- suance of a surface coal mining permit. (6) Section 8 of the National Park System General Authorities Act of 1970, as amended <90 Stat. 1940. 18 U.S.C. 1-5). directs the Secretary to prepare an annual report to COnll'es8 which identifies all National Historic Landmarks that exhibit known or an- ticipated damace or threats to the in- tegrity of their resources. In addition. National Historic Landmarumay be studied by NP8 for poasible recom. mendation to COncresl for inclusion in the National Park System. (7) Section 9 of the M1ninI in the National Parks Act of 1978 <90 Stat. 1342, 18 U.S.C. 1980) d1recta the Secre- tary of the Interior to submit to the Advisory COUDCU a report on any sur. face mininl activity which the Secre. tary haa determined may destroy a National Historic Landmark in whole or in part. and to request the advisory COUDCU'S advice on alternative meaa- ures to mitip.te or abate such activity. 36 CFI th. I (7-1-11 Edition) f 65.3 Definition.. As used in this rule: (a) "Advisory Council" means the Advisory Council on Historic Preserva. . tion. established by the National His. toric Preservation Act of 1966. as amended (16 U.S.C. 470 et seq.). Ad- dress: Executive Director, Advisory Council on Historic Preservation. 1522 K Street NW. Washington. DC 20005. (b) "Chief elected local official" means the mayor. county judge or oth- erwise titled chief elected administra. tive official who is the elected head of the local political jurisdiction in which' the property is located. (c) "Advisory Board" means the Na. tional Park System Advisory Board which is a body of authorities in sever. al fields of knOWledge appointed by the Secretary under authority of the Historic Sites Act of 1935, as amended. Cd) "Director" means Director. Na. tional Park Service. Ce) "District" means a geolr&phical. ly definable area, urban or rural. that possesses a silDificant concentration. linkage or continuity of sites. build. ings. structures or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements sep- arated geographically but linked by as. sociation or history. (n "Endangered property" means a historic property which is or is about to be subjected to a major impact that will destroy or seriously damage the resources which make it el1gtble for National Historic Landmark desilDa. tiOD. (g) "Federal Preservation Officer" means the official designated by the head of each Federal agency responsi- ble for coordinating that acency's ac. tivities under the National HLstoric Preservation Act of 1988. u amended. including nominating properties under that agency's ownership or control to the National Regtster. (h) "Keeper" means the Keeper of the National Regtster of' Historic Places. (1) "Landmark" means National His- toric Landmark and is a district. site, bu1lding. structure or object. in public or private ownership. Judaed by the Secretary to possess national sign1fi- 290 1 .........1 ,.rIe Service, Interior cance in American hiatory, archealoD. architecture, enPeertna and culture. and so deatpated by htm. (J> "National Repter" means the National Repter of Historic Places. which is a relister of districts. sites. buildinP, structures and objects si,- nificant in American history, architec- ture. archeology, enlineerin, and cul- ture. maintained by the Secretary. (Section 2( b) of the Historic Sites Act of 1935 (49 Stat. 666, 16 U.S.C. 461> and Section 101<a)(1) of the National Historic Preservation Act of 1966 (80 Stat. 915; 16 U.S.C. 470>, as amended.) (Address: Chief, Interaaency Resource Mana,ement Division, 440 G Street NW. Washinl'ton. DC 20243.> (k) "National Historic Landmarks Pro8T&m" means the pro8T&m which identifies. desilI1&tes. recolIlizes. lists. and monitors National Historic Land- marks conducted by the Secretary throu,h the National Park Service. (Address: Chief, History Division, Na. tional Park Service. Washinlton. DC 20240: addresses of other participatin, divisions found throu,hout these re,. ulations. ) (1) "Object" means a material thin, of functional. aesthetic, cultural. his. torical or scientific value that may be, by nature or desilIl, movable yet relat. ed to a specific settin, or environment. (m) "Owner" or "owners" means those individuals, partnerships, corpo. rations or publ1c acencies holdinl fee simple title to property. "Owner" or "owners" does not include individuals. partnerships, corporations or publ1c agencies holdinl euements or less than fee interesta (1Dcludina lease- holds) of any nature. (n) "Property" meana a site. build. in" object. Itructure or a collection of the above wb1eh form a dl8tr1et. (0) "Secretary" me&DI the Secretary of the Interior. (p) "Site" me&DI the location of a sill11flcant event, & prehiatoric or his- toric occupation or activity, or a build. tna or structure, whether standinl, ruined or vaniahed, where the location itself maintain8 hiatorica1 or archeo- 101ica1 value rep.rdleu of the value of any exiattna structure. (q) "State offlc1&l" me&DI the person who baa been des1lD&ted in each State : 'I' t 65.4 to adminiater the Sta,te Historic Pl'~s. ervation Proaram. (r) "Structure" means a work made by human beinp and composed of . interdependent and interrelated parts in a definite pattern of or,anization. f 65..& Sation.. Hiltoric Landmark Crite- riL The criteria applied to evaluate properties for pOSSible designation as National Historic LandmarKs or possi. ble detennination of eligibility for Na. tional Historic Landmark designation are listed below. These criteria shall be used by NPS in the preparation. review and evaluation of National His. toric Landmark studies. They shall be used by the Advisory Board in review- in, National Historic Landmark stud- ies and preparin, recommendations to the Secretary. Properties shall be des. ignated National Historic Landmarks only if they are nationally silDiflcant. Althou,h uaessments of national sig. nificance should reflect both publiC perceptiOns and professional jud,. menta, the evaluations of properties be in, considered for landmark desig. nation are undertaken by profession- als. includinl historians. architectural historiana, archeololists and anthro- poloPta familiar with the broad ran,e of the nation's resources and historical themes. The criteria applied by these specialists to potential land. marks do not define sianificance nor set a rilid standard for quality. Rather, the criteria establish the qual. itative framework in which a eompara. tive professional analysis of national sianiflcance can occur. The final deci. sion on whether a property possesses national sill11ficance is made by the Secretary on the basts of documenta. tion includina the comm~tt"" and. rec. ommendatlons of the public who par. ticipate in the desilDation process. (a) SpecifiC Criteria of National SII. nificance: The quality of national si,- n1flcance 18 ucribed to cl1stricts, sites, builcl1np, structures and objects that pQUeIII exceptional value or quality in illustrattna or interprettna the herit- aae of the United States in history, ar. chitecture, archeololY, eDliDeerinl and culture and that possess a hl,h desree of intelrtty of location, design. 291 f 65.5 setting. mat~rtals. workmanship. feel. ine and UIOCtation. and: ( 1) That are usociated with events that have made a silDificant contribu. tion to. and are identified with. or that outstandinely represent. the broad na. tional patterns of United States histo. ry and from which an understanding and appreciation of those patterns may be gained: or (2) That are associated importantly with the lives of persons nationally significant in the history of the United States: or (3) That represent some great idea or ideal of the American people: or ( 4) That embodY the distinguishing characteristics of an architectural type specimen exceptionally valuable for a study of a period. style or method of construction. or that repre. sent a sianificant. distinctive and ex. ceptional entity whose components may lack incl1vidual distinction: or (5) That are composed of intelT&l parts of the environment not suffi. ciently sianificant by reuon of histori. cal association or artistic merit to war. rant incl1vidual recolDition but collec. tively compose an entity of exception. al historical or artistic sianiftcance. or outstandinrly commemorate or lUus. trate a way of Ufe or culture: or (6) That have yielded or may be likely to yield information of major scientific importance by revealing new cultures. or by shedcl1ng Ught upon pe. riods of occupation over larre areu of the United States. Such sites are those which have yielded. or which may rea- sonably be expected to yield. data at. fectinr theories. concept8 and ideu to a major decree. (b) OrcUn&rtly. cemeteries. birth- places. if&VeI of historical ftaures. properties owned by re11l1oua iDstttu. tions or U8Id tor rel1l1oua purposes. structures that have been moved from their orictnal locations. reconstructed historic buUcUnp and properttes that have achieved ItlDificance within the put 50 years are not e11llble for desle- nation. Such properties. however. will qualify if they fall witb1D the follow- 1ni categories: C 1) A re11ll0Ul properw derivtDa ita primary nationalliIDWcance from ar- chitectural or artistic diattDctlon or historical importance; or 36 CPI th. I (7-1.... EelIM...) (2) A bulldtrlf or structure removed from its original location but which is nationally sianificant primarily for its architectural merit. or for association with persons or events of transcendent importance in the nation's history and the association consequential: or (3) A site of a buildinr or structure no longer standing but the person or event associated With it is of tran- scendent importance in the nation's history and the association conseQuen. tial: or (4) A birthplace. grave or burial if it is of a historical figure of transcend- ent national significance and no other appropriate site. building or structure directly associated with the productive life of that person exists: or (5) A cemetery that derives its pri. mary national significance from graves of persona of transcendent impor- tance. or from an exceptionally dis. tinctive design or from an exceptional. ly significant eVi!nt: or (6) A reconstructed butldinr or en. semble of buildings of extraordinary national significance when accurately executed in a suitable environment and presented in a cl1pUfied manner as part of a restoration muter plan. and when no other builcl1np or structures with the same association have sur. vived: or (7) A property primarily commemo- rative in intent if desian. are. tracl1. tion. or symboUc value hu invested it with ita own national historical silDifi. cance:or ,. (8) A property achieving national sipUficance within the put 50 years if it fa of extraorcl1nary national impor. tance. I 65.5 OHlpatlon of Satlona! Hutorie LandmarkL Potential National Historic Land. marks are identified prtmarUy by means of theme studies and in some instances by special studies. Nomina- tions and recommendations made by the appropriate State offlctals. Feder- al Preservation Officers and other in. terested parties wW be conatdered in schedulm. and conduct1nl studies. (a) TMme ,tutu NPS defines and systematicalb' conducta orpniZed theme studies which encompua the 292 National 'ark Service, Interior major aspects of American history. The theme studies provide a contextu. al framework to evaluate the relative significance of historic properties and detennine which properties meet Na. tional Historic Landmark criteria. Theme studies will be announced in advance through direct notice to ap. propriate State officials. Federal Pres- ervation Officers and other interested parties and by notice in the FEDERAL REGISTER. Within the established the. matic framework. NPS will schedule and conduct National Historic Land- mark theme studies according to the following priorities. Themes which meet more of these priorities ordinari. ly will be studied before those which meet fewer of the priorities: ( 1) Theme studies not yet begun as identified in "History and Prehistory in the National Park System." 1982. (2) Theme studies in serious need of revision. (3) Theme studies which relate to a silDiflcant number of properties listed in the National Register bearing opin. ions of State Historic Preservation Of. ficers and Federal Preservation Offi. cers that such properties are of poten. tial national sillliflcance. (Only those recommendations which NPS deter. mines are likely to meet the land. marks criteria will be enumerated in determinin, whether a silDificant number exists in a theme study.) (4) Themes which refiect the broad plannin, needs of NPS and other Fed. eral acencies and for which the funds to conduct the study are made avail. able from sources other than the rel\1' larly procrammed funda of the Na. tional HJatoric Landmarks Procram. (b) SpeeiGl Studia. NPS will conduct special atudles for historic properties outside of active theme studies accord- in, to the followinl priorities: (1) Studies authorized by Concress or mandated by Executive Order will receive the hlIhest priority. (2) Properties which NPS deter. mines are endanlered and potentiallY meet the National HJatoric Landmarks criteria. whether or not the theme in which they are silDtficant baa been studied. (3) Properties Uated in the National Register beartDI State or Federal. &&ency recommendatioD8 of potential ~ 65.5 national sicnificance' where NFS con- curs in the evaluation and the proper. ty is significant in a theme already studied. (c)( 1> When a property is selected for study to determine its potential for designation as a National Historic Landmark. NPS will notify in writing, except as provided below. (i) the owner(s), (ii) the chief elected local of. ficial. (iii> the appropriate State offi- cial. <iv) the Members of Congress who represent the district and State in which the property is located. and. (V) if the property is on an Indian reserva. tion. the chief executive officer of the Indian tribe. that it will be studied to determine its potential for designation as a N atior.al Historic Landmark. This notice will provide information on the National Historic Landmarks Pro. gram. the desisnation process and the effects of desilI1&tion. (2) When the property has more than 50 owners. NPS will notify in wrttin, (1) the chief elected local offi. cial. <11) the appropriate State official. (iii) the Members of Congress who rep- resent the district and State in which the property is located. and. (iv) if the property is on an Indian reservation. the chief executive officer of the Indian tribe. and (v) provide general notice to the property owners. This general notice will be pUblished in one or more local newspapers of general circulation in the area in which the potential National Historic Landmark is located and will provide information on the National Historic Landmarks Procram. the desilI1&tion process and the effects of desilnation. The re- searcher will visit each property se- lected for study unless it is determined that an onsite investication is not nec. essary. In the case of districts with more than 50 owners NPS may con. duct a publiC information meetin, if widespread public interest so warrants or on request by the chief elected local official. (3) Properties for which a study was conducted before the effective date of these- relUlations are not subject to the requirements of Paracr&pha (c) (1) and (2) of thJa section. (4) The resulta of each study will be incorporated into a report which will contain at least 293 f 65.5 (0 A precise description of the prop. erty studied; and (11) An analysis of the significance of the property and its relationship to the National Historic Landmark crite- ria. (d)( 1> Properties appearing to qual. ify for designation as National Historic Landmarks will be presented to the Advisory Board for evaluation except as specified in paragraph (h) of this section. (2) Before the Advisory Board's review of a property. NPS will provide written notice of this review. except as provided below. and a copy of the study report to <1> the owner(s) of record; (ii> the appropriate State offi- cial; (Hi> the chief elected local offi- cial; (iv) the Members of Congress who represent the district and State in which the property is located; and. (v) if the property is located on an Indian reservation. the chief executive officer of the Indian tribe. The list of owners shall be obtained from official land or tax record. whichever is most appro. priate. within 90 days prior to the no- tification of intent to submit to the Advisory Board. If in any State the land or tax record is not the appropri- ate list an. alternative source of owners may be used. NPS is responsible for notifying only those owners whose names appear on the list. Where there is more than one owner on the list each separate owner shall be notified. (3) In the caae of a property with more than 50 owners. NPS will notify, in writing. (0 the appropriate State of. ficial: (11) the chief elec\.ed local offi- cial: <HO the Members of Congress who represent the district and State in which the property 11 located; (tV) if the pro pert)" Is located on an Indian reservation. the chief executive officer of the IncU&n tribe: and. (v) will pro. vide general notice to the property owners. The general notice will be published in one or more local newspa. pers of general circulation in the area in which the property 11 located. A copy of the study report wtll be made ava1l&ble on request. Notice of Adviso. ry Board review wtll also be published in the FEDaw. Rl:GIS'l'D. ~ (4) Notice of Advisory Board review will be given at leut 60 days in ad. vance of the Advisory Board meettna. 36 eft Ch. I (7 .1-11 Edlti~n) The notice will state dl,te. time 8.f'&ci 10. cation of the meeting: solicit written comments and recommendations on the study report: provide information on the National Historic Landmarks Program. the designation process and the effects of designation and prOvide the owners of private property not more than 60 days in which to concur in or object in v..riting to the designa- tion. Notice of Advisory Board meet. ings and the agenda will also be pub- lished in the FEDERAL REGISTER. Inter. ested parties are encouraged to SUbmIt written comments and recommenda- tions which will be presented to the Advisory Board. Interested parties may also attend the Advisory Board meeting and upon request will be given an cpportunity to address the Board concerning a property's signifi- cance. integrity and proposed bound- aries. (5) Upon notification. any owner of private property who wishes to object shall submit to the Chief, History Di- vision. a notarized statement that the party is the sole or partial owner of record of the property, as appropriate, and objects to the designations. Such notice shall be submitted during the 60.day commenting period. Upon re- ceipt of notarized objections respect. ing a district or an individual property with multiple ownership it is the reo sponsibility of NPS to ascertain whether a majority of owners have so objected. If an owner whose name did not appear on the list certifies in a written notarized statement that the party is the sole or partial owner of a nominated private property such owner shall be counted by NPS in de. termining whether a majority of owners haa objected. Each owner of private property in a district has one vote regardless of how many proper. tIes or what part of one property that party owns and regardless of whether the property contributes to the signifi. cance of the district. (6) The commenttna period follow. ing notification can be waived only when all property owners and the chief elected local official have &81"eed in writin, to the waiver. (e)( 1) The Advisory Board evalutes 'such factors u a property's stgnifl. cance, intell'it)". proposed boundaries 294 \ .........1 '.rk ~"Ictt, Int.ri., and the professional adequancy of the. studY. U the Board finds that these conditiona are met, it Il1&Y recommend to the Secretary that a property be designated or declared eliaible for des. ignation as a National Historic Land. mark. If one or more of the conditions are not met, the Board may recom. mend that the property not be desig- nated a landmark or that consider. ation of it be deferred for further study, as appropriate. In making its. recommendation, the Board shall state, it possible, whether or not it finds that the criteria of the land. marks program have been met. A simple majority is required to make a recommendation of designation. The Board's recommendations are adviso. ry. (2) Studies submitted to the Adviso- ry Board (or the Consulting Commit. tee previously under the Heritaae Conservation and Recreation Service) before the effective elate of these rei'll' lations need not be resubmitted to the Advisory Board. In such instances. if a property appears to qualify for desig. nation, NPS w1ll provide notice and a copy of the study report to the parties as specified in P&ral'l'&pha (d)( 2) and (3) of this section and w1ll provide at least 30 days in which to submit writ. ten comments and to provide an op- portunity for owners to concur in or object to the desilD&tion. (3) The Director reviews the study report and the Advtaory Board recom. mendationa. certifies that the proce- dural requJrementa set forth in this section have been met and transmits the study report8. the recommenda. tions of the Advtaory Board. his rec. ommeDdationa and any other recom- mendatlona and commentl received pert--''',", to the properties to the SecretarJ. (f) The Secretary revte.. the nomi. nations. recommendations and any commenta and, bued on the criteria set forth herein. makn a dec1aion on National B1.Itorlc Landmark des1lD&- tioD. Properties that are datenateet National BJatortc Landmaru are en- tMed in the NatioDal RePter of RIa- ~c Ptacea. if not already 10 l1ated. (1) U the prtnte owner or, with re- spect to dIatrtetI or 1ncIlvidual proper- tin with multiple ownership. the IDa- f 65.5 jority of such owners have objected to 'the desil11&tion by notarized state. ments, the Secretary snall not make a National Historic Landmark. designa- tion but shall review the nomination and make a_determination of its eligi. bility for National Historic Landmark designation. (2) The Secretary may thereafter deSignate such properties as National Historic Landmarks only upon receipt of notarized statements from the pri- vate owner <or majority of private owners in the event of a district or a single property with multiple owner- ship) that they do not object to the designation. (3) The Keeper may list in the Na- tional Register properties considered for National Historic Landmark desig. nation which do not meet the National Historic Landmark criteria but which do meet the National Register criteria for evaluation in 36 CPR Part 60 or determine such properties eligible for the National Register if the private owners or majority of such owners in the cue of districts object to designa. tion. A property detennined eligible for National Historic Landmark desig. nation is detennined eligible for the National Regtster. (g) Notice of National Historic Land. mark dea~tion. National Relister listina. or a determination of elil1bility will be sent in the same manner as specified in Par&l!'&pha <d)(2) and (3) of this section. For properties which are determined eligible the Advisory Councll will also be notified. Notice wUl be publlshed in the FEDaw. REG- ISTa. (h)(l) The Secretary may designate a National RJatoric Landmark without Adviaory Board review throulh accel. erated procedures described in this section when necessary to uaist in the preservation of a nationally siplificant property endaDaerecl by a threat of imminent ~AIft..e or destruction. (2) NP8 will conduct the study and prepare a study report u described in paracraph (c)(4) of thtl section. (3) If a property appears to qualify for datcnation. the National Park Service wUl provide notice and a copy of the study report to the parties spec. ified in paraarapha (d)(2) and (3) and will allow at leut 30 day. for the sub- 295 f 65.6 mlttal of written comments and to provide owners of private property an opportunity to concur in or object to designation as .provided in paragraph (d)(5) of this section except that the commenting period may be less than 60 days. ( 4 ) The Director will review the stud.y report and any comments. will certlfy that procedural requirements have been met. and will transmit the study report. his and any other recom- mendations and comments pertaining. to the property to the Secretary. (5) The Secretary will review the nomination and recommendations and any comments and. based on the crite- ria set forth herein. make a decision on National Historic Landmark desig. nation or a determination of eligibility for designation if the private owners or a majority of such pwners of histor. ic districts object. (6) Notice of National Historic Land. mark designation or a determination of eligibility will be sent to the same parties specified in paracraphs <d)(2) and < 3) of this section. f 65.6 Recornition of National Hi.toric: Landmark.. (a) Followina deSignation of a prop. erty by the Secretary as a National Historic Landmark. the owner<s) Will receive a certificate of deSignation. In the case of a district. the certificate will be delivered to the chief elected local official or other local official. or to the chief officer of a private oraani- zation involved With the preservation of the district. or the chief officer of an oraanization representina the owners of the district. u appropriate. <b) NPS wt11 invite the owner of each desianated National Historic Land. mark to accept. free of charae. a land- mark plaque. In the cue of a district. the chief elected local official or other local official. or the chief officer of an oraanization involved In the preserva. tion of the cUstrict. or chief officer of an orpnlzation representin, the owners of the dlatrict. u appropriate. may accept the plaque on behalf of the owners. A plaque wUl be presented to properties where the appropriate recipient<a) (from thoee 1latecl above) acreea to cUsplay it publlc1y and appro- priately. 36 al ~~ I (7.1-18 Edition) <e) The a,pproprial.e recipient(s) may acc~Pt t~e plaque at any time after deSIgnation of the National Historic Landmark. In so doing owners give up none ot the rights and privileges of ownership or use of the landmark property nor does the Department of the Interior aCQUire any interest in property so designated. (d) NPS will prOVide one standard certificate ~nd plaque for each desig- nated National Historic Landmark. The certificate and plaque remain the property of NPS. Should the National ~istoric ~dmark designation at any tIme be WIthdrawn. in accorda.nce With the procedures specified in ~ 65.9 of these rules. or should the certificate and plaque not be publiCly or appro. priately displayed. the certificate and the plaque. if issued. will be reclaimed by NPS. <e) Upon request. and if feasible. ~S will help arrange and participate 10 a presentation ceremony. 165.7 Monitorin, National Hi.toric: Land. mark.. <a) NPS maintains a continUing rela. tionship with the owners of National Historic Landmarks. Periodic visi ts. contacts With State Historic Preserva- tion Officers. and other appropriate means will be used to determine whether landmarks retain their integ- rity. to advise owners concerning ac- cepted preservation standards and techniques and to update administra- tive recorda on the properties. <b) Reports of monitorinc activities form the buis for the annual report submitted to Co~ by the Secre- tary of the Interior. as mandated by section 8. National Park System Gen- eral Authorities Act of 19'70. as amend. ed (90 Stat. 1940. 16 U.S.C. la-5). The Secretary's annual report w1llidentify thoae National Historic Landmarks which exhibit known or anticipated tt..",tI.P or threats to their intecrtty. In evuuatlnl National' Historic Land- mara for llatinl in the report. the se. rioUsness and 1mm1nence of the d~-..e or threat are coDlidered. as well as the Intelrity of the landmark at the time of destcnation ta.Itinc into account the criteria in 185.4. 296 \ N"longl 'ark Mrvlc., l.,.ttP~.. :'~..?~~; ~"2l'X ~~_..;:~,~ .... ~. (c) M mandated in section 9. Mininr . ::.':":: ~inthe~Nat1onal Parks Act of 1976 (90 . .... ':~'-5tat. .1342. 16' U.S.C. 1980). whenever . : :~. .the _ Secretary of' the Interior finds _. :.. that a National Historic Landmark may be irreparably lost or destroyed in whole or in part by any surface mining activity. including exploration for. re- . moval or production of minerals or materials. the Secretary shall ( 1 ) notify the person conducting such ac- tivity of that finding; (2) submit a report thereon. includ. ing the basis for his finding that such activity may cause irreparable loss or destruction of a National Historic Landmark. to the Advisory Council: and (3) Request from the Council advice as to alternative measures that may be taken by the United States to mitigate or abate such activity. (d) Monitoring activities described in this section. includinr the preparation of the mandated reports to Congress and the Advisory Council are carried out by NPS recional offices under the direction of the Preservation Assist- ance Division. NPS [Address: Chief. Resource Assistance Division. National Park. Service. 440 G Street NW. Wash. init,on. DC 20243] in consultation with the History Division. NPS. I 65.8 Alteration of National Historic Landmark boundaries. (a) Two jultilf,catiofU uilt for en. larging the bountl47'11 of a National Hiltoric Landmark: Documentation of previously unrecolDiZed silDificance or professional error in the oril1nal desilD&tion. EnlarCement of a bounda. ry wW be approved only when the area propoeed for addition to the Na. tional BJatoric Landmark possesses or contributes cUrectly to the characteris- tics for which the landmark was desil' nated. (b) TIDo jult1/ICfItiOfU ui.tt for re- ducing ~ bouMc&7'1I oJ a National Hiltoric L4nctmark: Lola of intelrtty or profeaiona! error in the o~ dea1lDatiop. Reduction of .. boundarY will be app-'Oved only when the area to be deleted from the National Historic Landmark does not poll" or haa lost the charaCteristics for which the land- mark waa desisn&ted. ~u.~ (c) A prol'u:;1J for enlugf:mcnt or re- duction of &, Na.tional Hu;toric l..I.fid- ma.rk bound~fY m&y bE- submitte<i. to or can originate with the History Divi. sion. NPS. NPS may restudy the Na.. tional Historic Landm&rk a.nd subse- Quently make ~ proposal. if appropri- ate. in the same manner as specified in i 65.5 (c) through (h>. In the case of boundary enlargements only those owners in the newly nomina.ted but as yet undesignated area will be notified and will be counted in determining whether a majcrity of private owners object to listini. ( d)( 1) When z. boundary is proposed for a National Historic Landmark for which no specific boundary was identi. fied at the time of designation. NPS shall provide notice. in writing. of the proposed boundary to (i) the owner( S l: (ii) the appropriate State official: nii) the chief elected local official: (iv) the Members of Congress who represent the district and State in which the landmark. is located. and (v) if the property is located on an Indian reser. vation. the chief executive officer of the Indian tribe. and shall allow not less than 30 nor more than 60 days for submittinr written comments on the proposal. In the case of a landmark with more than 50 owners. the general notice specified in I 65.5(d)(3) will be used. In the case of National Historic Landmark. districts for which no boundaries have been established. pro. posed boundaries shall be published in the FEDDAL REGISTER fo'r comment and be submitted to the Committee on EnerlY and Natural Resources of the United States Se::late and to the Com. mittee on Interior and Insular Affairs of the United States House of Repre. sentatives and not less than 30 nor more than 80 days shall be provided for the submittal of written comments on the propoeed boundaries. (2) The propoaed boundarY and any commenta received thereon shall be submitted to the Aa80Clatecl Director for National Repter ProIf'&lD8. NPS. who may approve the boundarY with. out reference to the Advtaory Board or the SecretarY. (3) NPS will provide written notice of the approved boundarY to the same parties apecified in paracraph <d>( 1> of 297 f 65.9 this section and by publ1cJP,tion in the FmDAL RmISnJl. (4) M&na8ement of the a.ctivities de. scribed in parqraphs (d)(1), (2), and ( 3 > of this section is handled by the National Relister of Historic Places. NPS. (Address: National Register of Historic Places, National Park Service. Department of the Interior. Washing. ton, DC 20240]. (e) A technical correction to a boundary may be approved by the Chief, History Division, without Advi- sory Board review or Secretarial ap. proval. NPS will provide notice, in writing. of any technical correction in a boundary to the same parties speci. fied in (d>( 1>. . 65.9 Withdrawal of National Historic Landmark deti,..ation. (a) National Historic Landmarks will be considered for withdrawal of desil' nation only at the request of the owner or upon the initiative of the Secretary. (b) Four justifications exist for the withdrawal of National Historic Land- mark designation: ( 1) The property has ceased to meet the criteria for desicnation because the qualities which caused it to be oric1nallY desicnated have been lost or destroyed. or such qualities were lost subsequent to nomination, but before designation: (2) Additional information shows conclusively that the property does not possess sufficient slcnificance to meet the National Hlatoric Landmark criteria; (3) Profellional error in the deslcn&- tion:and (4) Prejudicial procedural error in the dll!ldpation process. (c) Properties desilnated .. National HIstoric x.Ddmaru before December 13. 1910. caD be dedes1cnated only on the craun"- established in parqraph (a)(1) of thilleCt1on. (d) The owner may appeal to have a property dedesipated by submlttinl a request for dedes1lD&tion and stattna the craun"- for the appeal u estab- Uahed in au'-ecttOD <a) to the Chief. HiltorY Dtvtaion. National Park Serv- Ice. Department of the Interior. Wuh- m.tcm. DC 20240. AD appellant will re- ceive a respoDle wltb1n 80 da18 &I to 36 CF~ th. I (7 -1-1& &1~iiion) whethu" NPS conside~ the docwnen- tll!,tior. sufficient to initi~te 2, restudy of the lmdm&rk. (e> The Secretary mas initiate a re- study of a National Historic Landmark and SUbsequently & proposal for with- drawal of the landrruui; uesignation as appropriate in the same manner as a new designation as specified m t 65.5 (c) through (h). Proposals will not be submitted to the Advisory Board if the grounds for removal are procedural. although the Board will be informed of such proposals. (f)( 1> The. property will remain listed in the National Register if the Keeper detennines that it meets the National Register criteria for evalu. tion in 36 CFR 60.4. except if the property is redesil11ated on procedural grounds. (2) Any property from which desig- nation is withdrawn because of a pro. cedural error in the designation proc. ess shall automatically be considered el1cible for inclusion in the National Repter as a National Historic Land. mark without further action and will be published as such in the FEDERAL RZOISTZIl. (1)<1) The National Park Service will prOvide written notice of the with. drawal of a National Historic Land- mark desicnation and the status of the National Repter listinl, and a copy of the report on which those actions are based to (1) the owner<s): <il) the appropriate State official: (iii) the chief elected local off1cial~ (iv) the Members of Concress who represent the dJatrtct and State in which the landmark Is located: and (y) if the landmark Is located on an Incl1an res. enation. the chief executive officer of the Indian tribe. In the cue of a land- mark with more than 50 owners. the leneral notice specified in I 65.5(d)(3) will be used. (2) Notice of withdrawal of desi~a. tion and related National Repter list- inI and determinations of ellc1b1l1ty will. be published periodically in the FDaAL RmU'l'D. " <b) Upon withdrawal of a National HIatoric '..a.n"""ark desilDation. NPS will reclalm "the certificate and plaque, if any. laaued for that lau""'ark. (i) An owner sh&ll not be considered .. havm. exhauated adminiatratlve 298 , Hi~€CilO~ fJ€rrf:' ~ft~kOr IfitQri~" reMroie~ mth respect to :dedesignation of a Na.ttofi~ Historic L&ndmal'k. until after submitting an appeal Md receiv- ing a response from NPS in accord with these procedures. ~ 65.10 Appeals for designation. (al Any applicant seeking to have a property designated a National Histor- ic Landmark may appeal. stating the grounds for appeal. directly to the Di- rector. National Park Service. Depart- ment of the Interior. Washington. DC 20240. under the following circum- stances: Where the applicant- (1) Disagrees with the initial deci- sion of NPS that the property is not likely to meet the criteria of the Na- tional Historic LandJharks Program and will not be submitted to the Advi- sory Board: or (2) Disagrees with the decision of the Secretary that the property does not meet the criteria of the National Historic Landmarks Program. (b) The Director will respond to the appellant within 60 days. After review. ing the appeal the Director may: (1) deny the appeal: (2) Direct. that a National Historic Landmark nomination be prepared and processed accordinl' to the regula. tions if this has not yet occurred: or (3) Resubmit the nomination to the Secretary for reconsideration and final decision. < c) Any person or organization which supports or oppoaes the consid. eration of a property for National His- toric Landmark desianation may submit an appeal to the Director, NPS. durina the desilnation process either supportinl' or OPpoainl the des. ignation. Such appeala received by the Director before the study of the prop- erty or before ita submisaion to the National Park System Advisory Board will be considered by the Director, the Advisory Board and the Secretary, as appropriate. in the desianation proc. ess. <d) No person S~t~COnaidered to have exhausted ,trative reme- dies with respect to failure to desil'- nate a property a National Histonc Landmark until he or she has com- plied with the procedures set forth in this section. 299 NPS For~ 1 900 'S!lAClC MOUNTAIN UDitcd Slaltl Dcpu1mcnt of 1be IDtcrior. NaIiooa1 Put Service NATIONAL HISTORIC LANDHAlUtS NOMINATION USDIINPS NRHP Rqialratioa Form (Rev. 1-16) OMB No. 1024-0018 paqe 1 Natioaal RecUlcr of HUtoric PJacea Rqiatratioa Form 1. IiAKE OF PROPERTY Histol-ic Name: SHACK MOUNTAIN Other Name/Site Number: 2. LOCATION street/I: 2 miles NNW of Charlottesville; 3 miles E of Ivy Creek; 4 miles N of State Route 657; 1 mile NNW of intersection of State Routes 657 and 743 Not for publication: Vicinity:==:: city/lI'own: Charlottesville State: VA County: Albemarle Code: 51 Zip Code: 22901 3. CLASSIFICATION Owner$hip of Property Private:-1L Ppblic-local: Ppblic-State: Pub~ic-Federal:=== Cateqory of Property Buildinq(s):-1L District: site: Structure: Object:=== Numbe~ of Resources within Property contributing 1 1 Noncontributing buildings 1 sites 2 structures objects 3 Total Numbe~ of Contributing Resources Previously Listed in the National Regis~er: 1 Name of related multiple property listing: NPS Porm 1()'900 USDlINPS NRHP Rqwalioa Porm (Rev. &-86) SHACK MOUNTAIN Uaitccl Slalea Dcpanmcat of 1be lDterior. NaIiooa1 Part Service OMll No. l02.~..f(l1 b . ,age 2 NaIioaal Rcci.a of Hiatoric: PIacca Rcciatralioa Fbrm 4. STATE/FEDERAL AGENCY CERTIFICATION As the designated authority under the National Historic Preservation Act of 1986, as amended, I hereby certify that this nomination request for determination of eligibility meets the documentation standards for registering properties in the National Register of Historic Places and meets the procedural and professional requirements set forth in 36 CFR Part 60. In my opinion, the property ____ meets ____ does not meet the National Register criteria. Signature of certifying Official Date State or Federal Agency and Bureau In my opinion, the property ____ meets ____ does not meet the National Register criteria. signature of Commenting or Other Official Date State or Federal Agency and Bureau 5. NATIONAL PARK SERVICE CERTIFICATION I, hereby certify that this property is: -X-- Entered in the National Register Determined eligible for the National Register Determined not eligible for the National Register Removed from the National Register Other (explain): Date of Action Signature of Keeper Jl\PSF_l goo USDJINPS N1UIP RqialntioG Fum (Rev. B-I6) OMB No. 1024-0018 SHACK MOUN'l'AIN Page 3 t UDMd St8Ica ~ of 1be 1ntcrior. Natiooal Pm Service Natiooal Rqiller of Historic PIacea RCCistralioo Form 6. toUNCTION OR USE Histo ic: Domestic Sub: single dwelling CUrre tlt: Domestic Sub: Single dwelling 7. bESCRIPTION Archi ~ectural Classification: Materials: !:lassical Revival Foundation: Brick (Jeffersonian Classicism) Walls: Brick : Roof: Copper, standing seam Other: NPS Form 1~900 USDIINPS NRHP RcIiIlnlica Form (ltcv. 1-16) SHACK KOUNTAXH Uaited Statea Depar1mcat C1l1bc 1DIerior. NaIioaal Put Service OMB No, 1024-00J8 . :fage .. NaIioaal Ilqilter C1l HiIIoric PIacea Ilqiatnlioo FOrm Describe Present and Historic Physical Appearance. Located four miles northwest of the University of Virginia with panoramic views of the Blue Ridge Mountains to the west and north and the Southwest Mountains to the east, Shack Mountain, named for the Shackelford family who owned the land, was to be the retirement retreat of Fiske and Marie Kimball. Begun in 1935, the house is Kimball's own design in Jeffersonian Classicism scaled to accommodate the couple. The following description is quoted verbatim from the National Register nomination written by the Virginia Historic Landmarks Commission Staff. The small house Fiske Kimball designed and built to be his retirement home at Shack Mountain is a pure example of Jeffersonian Classicism, so carefully detailed that it might easily be mistaken as a work by Jefferson himself. Inspired primarily by Jefferson's design for Farmington, the house is a one-story, T-shaped dwelling with the front section in the form of an elongated octagon. Dominating the composition is a pedimented Tuscan portico with paired stuccoed columns. The portico'S entablature is carried around the octagonal section, but only a cornice caps the rear wing. The walls are brick laid in Flemish bond, and the front section is covered by a shallow hipped roof sheathed in standing-seam sheet metal. The windows in the front section have triple- hung sash framed with dark green shutters, features characteristic of Jeffersonian work. The windows in the rear wing are double-hung. A kitchen entrance on the south side of rear wing has a Chinese lattice railing. The main entrance to the house, located under the portico, is a paneled door topped by a traceried transom and framed by louvred blinds. The door opens into an unexpected quarter-round alcove through which one enters directly into the parlor which occupies the northern end of the octagon. A corresponding quarter-round alcove, leading into the rear- wing center passage, is in the southeast corner of the parlor. The parlor thus had convex-curved corners on its south wall, curves that frame the doorway into the dining room occupying the southern end of the octagon. Both the parlor and the dining room have full Tuscan entablatures corresponding in size with the exterior entablature. These entablatures provide the rooms with a very monumental aspect in spite of their relatively small size. The only fireplace in the house is on the east wall of the parlor. Its mantel is based on Jefferson designs at the University of Virginia. The rear wing contains the kitchen, two bedrooms, and a small study, none of which has any outstanding architectural decoration. Service areas are located in the basement beneath the rear wing. N}'S F<<m 1 900 USDVNPS NlUIP ~ F_ (llev.1-I6) snqIt KOUNTAZlf . Uaitcd SlaIeI Dc:par1meDt of !be lnlerior. NatiaoaI Park Service OMB No. 1024-0018 paqe 5 NatiaoaIllCCiat.u of Historic PIacca llccillralion Fonn Kimball took special pains with the siting of the house. He located it at the end of a long, narrow ridge, and had the approach road follow up the ridge through the woods from the south. The house was positioned so that the facade faces west towards a wooded downslope. A circular drive was placed on the incline in front. Contrasting with the forest on the south side of the house is a broad open field on the north. Slots are cut through the trees framing the field in order to open up views of the countryside and distant mountains. While the field is fairly level, the land to the east of the house drops off sharply so that panoramic views are obtained of the nearer fields and wooded hills, as well as sections of the Rivanna River. Much of the rear slope has been terraced by the present owners; the terraces are planted with flowers, fruits, and vegetables. A platform for the house itself is provided by the paved terraces at either end of the octagon. Immediately in the front of the house is a level grassy area fronted by a low retaining wall broken in the center by brick steps. Except for addition of the terraced gardens, a small swimming pool, and a garden house, which are non-contributing Shack Mountain and its adjacent lands have changed little since Kimball's death. 1 1 Virginia Historic Landmarks Commission. National Register nomination. September 1976. NPS Fonalo.900 USDIINPS NlUIP..iIlnIica Fona (Rev. 1-16) SHACK KOUN'l'A:IN UDitat SIIIla Dcpar1maIt of !be Iatcrior. NaIioaal Park Service OMS No. 1024-0018 . Page 6 NaIioaal Rqiller of HPtoric: PIacea Rql.tntioo P1ml 8. STATEMENT OF S:IGN:IFICANCE certifying official has considered the significance of this property in relation to other properties: Nationally:-X- statewide: Locally:___ Applicable National Register criteria: A B-X- c-x- 0 Criteria Considerations (Exceptions): A B C 0 E F G-X- NHL criteria: 2, 4 NHL criteria Exceptions: 8 NHL Theme{s): XVI. Architecture M. Period Revivals 5. Neo Classical XXVII. Education G. Adjunct Educational Institution 1 . Museums XXXIII. Historic Preservation F. Monticello XXIV. Painting & Sculpture K. supporting Institutions Areas of Significance: Architecture Art Period{s) of Significance: 1935 - 1955 Significant Dates: 1935 significant Person{s): Fiske Kimball Cultural Affiliation: N/A Architect/Builder: Fiske Kimball USDIINPS NJUIp RcciItnIiaD FClIIII (hv.1-I6) OMB No. 1024-0018 paqe 7 NaIiooaJ llcciater of Hiltoric: Pl8cca Regdtration Form siqnificance of Property, and Justify criteria, criteria erations, and Areas and Periods of siqnificance Noted Above. iske Kimball (1881-1955) was one of the greatest and most omplex figures in the history of art in the united states. owering over many of his fellow scholars, he was directly esponsible for restoring Thomas Jefferson's reputation as an rchitect in his brilliant book, Thomas Jefferson, Architect (1916). Kimball's jewel-like home at Shack Mountain, outside of harlottesville, is the one surviving building which best xpresses his ideas and taste. he house he wished to call Tusculum but is better known today as hack Mountain, was conceived in the same way Jefferson designed onticello, by choosing a commanding site on a mountain near harlottesville with wonderful views of Albemarle County. As his client he built a house in complete harmony with its site. In his choice of a purely Jeffersonian format for Shack Mountain, Kimball wanted not only to indulge his fascination with the style but to demonstrate that regional architectural traditions could remain viable. Although he was sympathetic with modern artistic expression, he was convinced that a local idiom should be maintained for the sake of an area's identity. Shack Mountain is, therefore, an amalgam of features he admired in Jefferson's oeuvre, interpreted in an amazingly convincing manner. The most obvious source for the plan and elevation is Farmington, an elongated octagon fronted by a Tuscan portico. The shape of the parlor, with its curved corners, is a somewhat free adaptation of the classroom of Pavilion IX at the University of Virginia. The order within and without is based on the Tuscan that Jefferson employed for the colonnades at the University. All of the detailing, the mantel, the moldings, windows, etc., can be traced to Jefferson sources as well.2 he house is at once a clear, strong statement of the Classic tyle with exquisite detailing applied with such skill that it akes a few moments to realize the house is a miniature, a istillation of the Farmington plan (Plate 142 in Thomas efferson, Architect). The interior of the house is full of ight admitted by triple hung windows. The furniture was esigned for the house and scaled down so that the subtlety of he scale and refinement of details contributed to the gracious 'nterior. Although the Kimballs intended to retire to Shack ountain, while they were living they were only able to visit in he late spring and at Christmas when they entertained old riends and faculty from his University of Virginia days. imball was the founder and the first Dean of the School of rchitecture at the University in 1919. While there he designed he Memorial Gymnasium, a faculty housing facility, and the cIntire Amphitheater. For two years (1923-1925) he headed the chool of Fine Arts at New York University and then became the 2 Ibid. NPS P_l0.900 USDIINPS N1UIP ~ P- (Ilev.1-I6) SBACK MOUNTAIN Uaited SUlci I)qlarImaIl of 1bc IDlCrior. Natioaal PutI: Service OND No. 1024-0018 , paqe 8 Natioaal Ileciater of Hiatoric PIacea Reshtratiao Farm Director of the Philadelphia Museum of Art in 1925. He was appointed to the Thomas Jefferson Memorial Commission as architectural advisor for the restoration in 1935 and it was at this time that Kimball determined to build a "very severe little house" to occupy during his visits to Charlottesville. He also eventually determined to retire there in the Virginia mountains. The 110 acres were sold for $4,000. The small brick temple cost $20,000. From his own design, all the rooms were on one floor due to Mrs. Kimball's heart condition and there are two servants rooms on grade at the rear of the house where the grounds slopes away. The glory of the house is the elongated octagon drawing room with high ceilings and large curved doors. The enormous sash windows admit light on the dullest days creating a serene interior that changes with the change of seasons. sadly, this lovely house did not receive the Kimballs as they died within five months of each other in 1955. Shack Mountain was willed to the Philadelphia Museum whose trustees sold it the same year to Henderson Heyward, a Charlottesville architect, who re-sold it the next year to Mr. and Mrs. W. Bedford Moore, the current owners. An additional comment is in order on Fiske Kimball and his place in the history of American architecture and historic preservation. It is particularly appropriate to note that he was a member of the Secretary of the Interior's Advisory Board on Historic sites, Buildings, and Monuments, from January 30, 1936 to June 30, 1951. Among his honors are the following: Kimball participated in the activities of many learned societies and served each well when called upon. He was on the editorial Bulletin, the Gazette des Beaux Arts, and the New England Quarterly. For five successive years he was in charge of the American Section of the A1legemeines Kunstler Lexicon. For periods he served as Chairman of the virginia Art commission and the Thomas Jefferson Memorial Commission, and on the advisory Boards for Rockefeller Center, Colonial Williamsburg, the National Park Service, and the Jefferson- Bi-Centennial Commission. He was a fellow of the American Institute of Architects, an honorary corresponding member of the Royal Institute of British Architects, and a member of the American Philosophical Society (elected in 1943; Curator, 1952-1955). In the midst of making a museum out of a mole hill, his busy pen found time to turn out several books and a host of effective articles on the various topics that came within the large scope of his interest. Of the books, Kimball's Creation of the Rococo will long stand as the authoritative work on the subject. NJ'S P- 1 ,900 USDIINPS NRHP Iqiltnliml p- (Rev. 1-86) SHAC~ MOtJN'1'AXN 'lJDited DcpaJ1meGt of lbc Interior, NatiooaJ Put Service OND No. 1024-0018 paqe 9 NatiooaJ RCCilter of Hiatoric PIacea Rq:illralion Form In 1951 Fiske Kimball was presented with the Philadelphia Award. The city to which he contributed so much honored itself in giving him this accolade. Few have been chosen who deserved it more.3 a distinguished list of ten books, over two hundred rticles in professional journals, reviews, chapters, 'ntroductions and letters too numerous to cite. He wrote with reat style, insight and elegance. Most important of all these chievements is the fact that while he lived he was the Dean of erican museum directors. His masterwork is the Philadelphia useum of Art on which he labored for thirty years. He became irector in 1925 when the building was an empty shell and the ity collections were meagre and uninspiring {the Pennsylvania useum was a remnant of the 1876 Centennial housed in Memorial all (NHL, 1976, in West Fairmount Park.) Kimball's skill as an rchitect served him well in creating an organized and coherent et of galleries, which came to be known as Period Rooms, laid ut in more or less chronological order which was ideal for eaching art history. This form became common practice in useums here and abroad. While pursuing potential donors, irecting building construction and numerous other activities, he estored and furnished the wonderful group of historic houses in airmount Park; Mount Pleasant, Cedar Grove, and Sweetbrier. His xpertise was sought outside of Philadelphia at Monticello, tratford Hall, Gunston Hall and Colonial Williamsburg, and he as art advisor to President Truman. with all of these bligations he still made time for his museum staff, especially he younger members. With the many difficulties he encountered, from critics, his board of directors, politicians and rivals he as free of one problem that afflicts museum directors: no intramural intrigues were directed at Fiske Kimball, for he had he loyalty of his staff to an extent that was incomprehensible o any who had not worked with him. He was not an easy going an; he could be gruff, and short tempered, but always loyal and strong. Over the years he acquired great collection after great collection for the museum, he suffered his share of losses, most notably the Joseph Widener collection to the Mellons and the then new National Gallery of Art in washington, D.C. (1939-1941). In an ironic twist of fate, David Finley, the first director of the National Gallery who had convinced Widener his pictures should be in the "nation's gallery" was the uncle of the present owners of Shack Mountain. The two directors, although competitors, were respectful, friendly rivals. In addition to his crowning achievement of the creation of the Philadelphia Museum, Kimball's greatest contribution was to establish the study and preservation of American art and architecture as a professional discipline of the first order. 3 American Philosophical Society Yearbook, 1955. Philadelphia. p. 469. NPS Jl<<m 10-900 USDVNPS NUIl'.........1'Ga (llev.1-86) SBACK MOUN'J.'AXN thWd Slata I>epartmcm of tbe 1DIuior, Natiooal Put Service OMB No. 1024-0011 'page'10 Natiooal Rcciatcr of HiIloric PIacea RCC~ Form 9. MAJOR BXBLXOGRAPHXCAL REFERENCES American Philosophical society Yearbook, 1955 Philadelphia. Biographical Memoirs. Fiske Kimball (1888-1955) pp. 466-469 Brownlee, David Bruce. Building the city Beautiful: The Benjamin Franklin Parkway and the Philadelphia Museum of Art. Exhibition and catalogue. 1989 Philadelphia Museum of Art. Kane, Mary and Frederick Doveton Nichols. 1959. University of Virginia Press, Charlottesville, Va. A Bibliography of the Works of Fiske Kimball. Kimball, Fiske. Thomas Jefferson, Architect. Boston (Printed for private distribution) 1916. Kimball, Fiske. A History of Architecture, New York, Harpers & Bros., 1918. (In collaboration with G.H. Edgell). Second revised edition 1926. Kimball, Fiske. Domestic Architecture of the American Colonies and of The Early Republic. New York, Scribners, 1922. Illustrated. Kimball, Fiske. Jefferson' Grounds and Gardens at Monticello. New York, Thomas Jefferson Memorial Foundation, 1927. (Collected reprint of articles from Landscape Architecture). Kimball, Fiske. American Architecture. Indianapolis and New York, Bobby-Merrill Co., 1928. Kimball, Fiske. Mr. Samuel McIntire, Carver, The Architect of Salem. Portland, Southworth-Anthoensen Press, 1940. Kimball, Fiske. The Creation of the Rococo. Philadelphia, Philadelphia Museum of Art, 1943. Kimball, Fiske. Great Painting in America, New York, Coward- McCann, 1948. (In collaboration with L. Venturi). Kimball, Fiske. Le Style Louis XV: origine Et Evolution. Paris, A & J. picard & Cie., 1949. (Translation of The Creation of the Rococo. 0' Neal, William B. Architectural Drawing in Virginia 1819-1969. Charlottesville, Va.: 1969 university of virginia. Roberts, George and Mary Roberts. Triumph on Fairmont. 1959 New York: J.B. Lippincott Co. Stevens, William T., Ed. 1962 virginia House or Tour. Charlottesville, Va.: Stevenpost publication. NfS P_l .900 USDJJNPS NRHP ~ P- (ltev.1-I6) SHACIt KOUHTAZN 'Uaitcd Slalea Dcpar1mcDt of lbc Interior. Natiooa1 Parle Service OMB No. 1024-0018 page 11 Natiooa1 Rqister of HUtorie PIaca RqPtralioo Form Previj~us documentation on file (NPS): breliminary Determination of Individual Listing (36 CFR 67) has peen requested. -A- Previously Listed in the National Register. previously Determined Eligible by the National Register. Designated a National Historic Landmark. Recorded by Historic American Buildings Survey: # Recorded by Historic American Engineering Record: # Prima~y Location of Additional Data: ~tate Historic Preservation Office Other State Agency Federal Agency ~ocal Government -A- tJniversity -A- Other (Specify): Harvard University University of virginia Philadelphia Museum of Art tIPS PGm 10-900 USDJINPS NltHP......... PGm (lleY. 1-16) SHACK MOUNTAIN Unital StaIa DepanmaIl of the IDterior. Naticaal Park Service OMS No. IC1lA-OOI8 'paq. '12 NatiooaI RCCUlcr of Hi.coric PIKca Rciillnlioa FllI1II 10. GEOGRAPHICAL DATA Acreage of Property: 100.9 acres UTM References: Zone Northing Easting Zone Northing Easting A 17 719210 C 17 718630 4219450 4218270 B 17 719240 D 17 718600 4218280 4219450 Verbal Boundary Description: The acres comprising the Shack Mountain property are bounded by a line beginning on the north side of State Route 657, 2,200 feet due W of Ivy Creek; thence extending 900 feet northeastward paralleling the approach road; thence extending 300 feet east; thence extending approximately 1,500 feet northeast and then north, basically following the 580-foot contour line; thence extending 200 feet northwest; thence descending the hill 1,000 feet north then 700 feet northwest (the latter following the pipeline); thence extending approximately 5,000 feet southwest along the 400-foot contour, basically paralleling the east bank of Ivy Creek then curving south then southeast along west side of treeline to north side of Route 657, across the approach road and to point of origin. The boundaries delineate the 100.9 acre tract on which Shack Mountain is set and encompasses a sloping wooded property that rightly complements the landmark. Boundary Justification: The property described above is the acreage acquired by Fiske and Marie Kimball in 1935 for $4,000. ~ p_ 1~900 USDJINPS NRHP ~ P_ (Rev. 1-86) SHAC)t MOUNTA:Ilf . United SIaIea Deparlmeot of !be 1Dtcri<<, N.tiooal Park Service OMB No. 102.4-00111 paqe 13 Natioaa111egistcr of HiIlDric PIaceI Registration Form 11. rORM PREPARED BY Name/ritle: Carolyn pitts Org. : History Division, National Park Service Date: April 24, 1992 stree~/#: City/r.own: 1100 L Street, NW Washington state DC ZIP: 20006 Telep~one: (202)343-8166 NPS/WASO/History Division: Kay 1, 1992 ~".') ~"r.WJd ,;i~.' ~-I\~~ ~~.:'~.I(a.r ~ ~;..'.~~~'~~~.,--~,.,~;~,\''T.'.Ii!~.\.~\ -- 000 ~~~='7'~'~--:~ ~)jM~\~ ~ ~rt.,): , f\L~ ~~<>~'~~~~>~?[,~J~:\-~~~T ~', '. ~~' ~ \\' ()\QJ. ) A\))5~;;Jt~ ~J) 1.",\ \~ ~ r,C//! ~ ''". '~<'<nHt~i,j. \ ] 111. ~~~..l ~(~s.-r~w.~~ '.;~..:(~..\s.' &~;.,~'~;.'~rff" ~. ^<:,,': '}~..-0>i'~ .~f~~i~...\.i.. .~/..~;~;;::.. ,:/ ~I.\ \I\~ " : '::y" .'~ c .;0' H ~lf~~~." J: .~~ I,. .j!; ,.' ,,/~/Jj ~tl\ " o' - ~ II ~ V ) ~-! --~ 0 ~' 7~ ~\- ) ~ -= =- . ,\ \'\ I / '0'" ~ :; ft:/ 1,----- '%:l i" .'\: ..' I, ' . ~"" "\~R\Wl.' .~~7'. . '.,,:.~.. ~~(;f~~<,~:1 \'. . <>_) \ .'~ r\ ~ / .1 ), II -~== ~ ~ ...~~. ~:;::::::"'_\' 0 / /;/ ri '51.('/ ) . / y--.' \ -- )\ ....... ~\~ \\. : ~J< IIC " . /./ /' ".... \':::...... \ .)--- I~(<I~\ "-" v ~ -:///u:.~ ,::::--V,/ ~/\\ ~c Ii O/.. ". ".. '-'" ~ n f"\... "~,\::;(I f. 5 ,~'1 --' -- -~ ~ /, 600 ::-':::,' .51' . h 1(.' 4220 I; . . \. / ;---J\0/~( 0 '- fl'r'J . \, 9~ . \\. .,' >:/ "e;,)'}/,/'r' ~ ~ '?J ) --0(~~) i: 0, ',.. . / ~. ~- ~o S60 II .<:-.... II .,/ "_ ./" '"V' V I~_" ,n \\ ~ )r::.1 I ) i: ' '. 60 : ""~" '\ 0 ~ ",,-. Ii -=~ ==IL~~, J;l..... \':'-~) {('\.\-o. ", < "-.. ~~'- ,. , ,,"" .. ~.~ ~....~ ,~ / '.. I ''':-I ~~"'/""" : ~~'; f.1 I ~J )\\~? ~, c'" ~\\\\\\ '-" = .' "-'.. ~) :;.-, 4219 .. (~}~?\J ,v ,~~~,.. .~. r?'n;:::S:~. :: ~ IJj '(.1 O~'. _.1' !~~5 ,,1b~~~f0~~\I'.~ ~ . ';.\\I~ .11 ~, (I ~~~l,(1I)-0' ~',(\~ Y'fd- "~~~ . .~'" 7'1} i (~k '\'c~~"'... ~\I~~!J~HA~!dutr~~- . \\~'f~ ~n?'-'" ~. L/fl':; i 0 ~ ~ !~~ Albemarle County, Virginia - ~r 10 C ~" " \..,.' IIII/.' ,\'-.~~~,. UTM Coordinates 4218 /1!IQ ',,>,-:1- I.yrr/....:-...~ .. 'i!'. "'~~ - .-/ -~ . ,,,,,,,,,,% fi.~u ~ .~ Zone 17 5' .. ",/ ~".../" i' ..~l;~ A 719 210 4219 450 8 719 240 4218 280 ~' n~"" ,'" V ~~:: ~ ~ ~ ~ ) t '!f~ ~ ~ ...-'.." ~~ ~'\c&~K(f~~~ ~\\~~~'~~ ~ v h:.\~" ~j}~\R\ 4217 if 0 \\~CU ~(fJ ~/1 ~I,S (,,\ Ii. \\ (~' ~J \\ :\. . '( ~ \:: ::0 J(:.~ ('<< ~) ~\' ,"~I 1\ ~ II I, 'pr;,...~ ~ ~, \( ~' 5 .~\ " ~ ~ ::--\ '.. /. ~~s; 'l '!?:iff)" r~ \ Go ~~.~~ ~~ \-,'-,~ 1=~: ~ ~~ '(o)f!; 111~ ,'{> ." / r"'-< . J:t'" ~ I ~(b ./;:!J ~<< ~ ~ ". ,).'";;.rJJJ) (O:l' /k'r@ . ~ ~ . ,,","!l II ~ 'X'\'o~ V) M,_i~ u ~~.~. l"rC~ ~ ~ ~'~<k~ -;;.Jr )~v ~ ~~.",.... ~~ J~ ~~ I)~/~"J?((~ 'r;h(.$~ o~. . ......:J~"j~"'.v.J - ~~ .J /1 ~ -. 0'" l ~fr'"Yi~r 2 ' ~ 0 .-> ~ ~ : /, - 'vir r:~. '.I~'!.. 11 ~>- ~~ Y?~ ~/ .~. tlu~~00~1@ 0~~' '". II ",-~? .~f'7(7( ~ ~ ~~ ~'X\\\\\0~~-~.il.l7\\~ '::::: I~' "(~ ->~_ './l,;" '/ f"--. ~\, C1 i::'if, t~ \ ~ , ~. ,. . t. I r I \ i [ I I. I I I 1 I f I I I . . . . . . . . . . . . . . . . I I II FIRST flOOR flOOR PLANS O' 5' -fl,-- ..... " . - . . . , '. 10' 20' SITE PLAN 0' IS' JO' 60' S~ACK MOUNTAIN FURNACE ....17.4 BASEMENT · ~-......~ 0 "O~ .0 ~ tJ · 0'0 on ?"" ~ I) ~ p. o~Do --;: 0 000" o I' 11 n" D . DP 009~ 0 · 0 POu' . ~.. ..A~:. It. .. . ~...I';j .. . .. t~ ":)C~'$j .~ '. . .... ~~:,..J'.: .. ..... :":.. :. ',' . -. .:. ',... . '. ,I ~{~l)" ~.. f,1~- r .. .~. '. :(~:".:' I ~~. D. () ~.~:. '~ . \~~k".:. ) ..'L~ l\":;' " .Zt-i> l}~". ~g;;o .. '--- ~~i .' ' ,. . '.. "~ :~? ~- '~ .:7:'! :.~ I ~.~ ~ ~. ~ . it - ~~j' BEDROOM 11-10x12-2 - '>l r- ""~ - BEDKOOM 11-10x12-2 ~ -Q -- ..rt:. ~~ ~ () :,ji.. ;Y.w · .::-wf' J( . 10 ~ ..~It,v-- .0 oA~-1.jf () ~~1r.~~( 1'0' b . ~ 1 . ~ ,,- ~ O. .o~ -- 0: ..., r I ~ H;, ,J- 11- "\ ~o Q~ =1= Y1 I HArl ,-d l-> ~ .... :t'.",p ::: ~ 1'{1Jfv.';,'o K1fJC-HtN . .:..~\y.~\ .~~. Y7-6 x 13:'6: f~'~,;~, Q I.'~~~.~~'~~~: o . :7.;;1,~ ^-. I. : :v~{op. . ./ LIBRARY /\ 11-9x12-8 . ,. I RJ . , - . po -... SITTING ROOM 23-8x 17-9 DINING 18-5x17-9 r--.... _ I ~ I ~ .. ~ ... :.-A:' 5j . . .. ffl~ It:.~ · ..~ \v';1''': . _ ~~ .V{).~ . /-~"e' , . [IJ [IJ . "II . . "[8] ~ I I .' lIT. '. . . " . . . . . . . . . - . . . " . I " . ,.'U OFFICE l2-9x12-0 'OFFICE 12- 9 xl 2-0 u u STORAGE 1 2- 0 xl 0 - 6 STORAGE 12 - 0 x 20-4 FURNACE 9-4x17-4 BASEMENT , ./ " .~ .I<yto.-:. ..,;-1> ;:~ i ':'~~. '. -. .. ,,. ~ . ":'I'...i, .... ~ - '. .:~f. ;~J:.(' :,~~~.:-~ "- ~~~ :s:; . '. "'-.' ':'.. - ~ . ....~.. .. ~~~ ~~~:: ~';.,.: ~ .. .... " 1 ,.,-,-- '"<. ; ~J !. . :~ 0 CJ'\ ....... ..- ..- W Ul :J C 0 0 ..c .0-1 Ul '+- Ul 0 -0-1 E ..c E +' 0 H U 0 C Ul rn ..:.t. .0-1 0 H C +' rn .0-1 E 01"0 "0 H...-l C .0-1 W rn ::> .0-1 ...J '+- rn >>"0 -0-1 +' C C C rn .0-1 :J 01 0 W H U "0 .0-1 rn ::> w u ...-l rn >> H '+- .0 rn E ..c 0 w +' +' .0 H 0 ...-l 0 ..c c:::( z a... . .' ":0(, . .l.. ;~ . ~..., , ~,,~-t,rt.. ~"..." .A' ,.~~ '."" .~. ",.~ . ", ~. ~~.. ~~ ... v~.. . -.;; . ' . .. i ~ .~~. o CJ\ '" .-- .-- c o .,-i U) U) .,-i E E o t.J U) ro ~ .,-i I-< C ro .,-i E OJ 1:l I-< C .,-i ro :::>W-1 1:l ~roro >> u .,-i +>roc z C ~.,-i H:J OJ c::I:O.......1-< f- t.J +> .,-i Z C:::> :=lWO O...-ll-<>> ~I-<~D ro '-' ::.:: E t.J W c::I:D I ...-l rn c::I: o +>+> U) 0 W.c 3a. OUNTAIN 1e County, Virginia of entrance y Virginia Landmarks Cl CJ'\ '-. .- .- 10 .rl C .rl en r-. .rl ::> c o .rl (Jl (Jl .rl E E o U (Jl ~ r-. 10 E 1] C C 10 QJ....J . t CJ 0'1 '- .- .- C o ..-1 UJ E UJ 0..-1 o E I-l E o CJlU C ..-1 UJ CO C ~ ..-1..-1 I-l C1:1CO ..-1 E CJlUJ1:1 I-l 1:1 C ..-1 I-l CO :::>CO..J 3 ~ 0 CO >>+' ..-1 +' C C CJl..-I H:JCCJl c:I: 0..-1 I-l I- U ~..-I Z 0::::> :::J QJ 0 CJ .-I .-I >> ~ I-l ..0 CO I-l E 0 0 UQJ.-I+' c:I: ..0 I-l 0 I.-ICO.c lfl c:I: c.. c.. SHACK MOUNTAIN Albemarle County, Virginia Parlor looking towards front door Photo by Virginia Landmarks Commission, " !I II II ; } i ~t. i I ~'>..~' .~, ....'1 . ~" '" .,-....,: ; ~ ;i j! I I I I i ; , I I I ,! I !/ r'~'Y ~ ---- , ~ f ! r ! i l f I Jl , . SHACK Albern Oinin Photo MOUNTAIN rle County, room by Virginia Virginia Landmarks Commission, 11/90 ......Ol_~.~-:..-"'. 1 AGENDA Virgini Reassig ,. ITLE: Cooperative Extension ent of Personnel SUBJECT PROPOSAL RE UEST: Notific tion of loss of Agricul ural Extension Agent STAFF C Messrs. BACKGRO As part Agent i Due to 1/3 to 92.080 Huff OH t . (,,2", '7.J.-. :: \,3:::~':> -..,,-......-'--.---______~......w~~...,_. County of Albemarle EXECUTIVE SUMMARY ~ I j r .... 7" Service - AGENDA DATE: June 17, 1992 ITEM NUMBER: I /< /' (' (.' /~/>_)- c/ ) ACTION: INFORMATION: 1/2 time CONSENT AGENDA: ACTION: INFORMATION:--X-- ATTACHMENTS: Yes REVIEWED BY: Extension Service's reorganization plan, the Albemarle County Agricultural being split into a 50% position for Albemarle County and 50% for Fluvanna County. reassignment, our share of the costs associated with his position will drop from information. N DIST EXT SER TEL No.7037432009 Jun 5,92 12:57 No.002 P.02 .. I e '1IR(;INIA COOPERA~rIVE EXTENSION SEIlVI(:E I ViRGiN' ^ 'fEe" Northern District Ext~nsion Offic~ 23 West Main Street, Suite B I~ray, Virginia 22835 (703) 143-2009 VIRGINIA STA l'E ---.,. .,--- June 4, 1992 Mr. CharI ef; W. Burgess, .1r. Count;y Adm.i nlstrat.or P. o. Box '-99 Palmyra, VA 22963 Dear Mr. Burgess: Thank you for your letter indicating local support for filling the F.xtension Agent, Agriculture position recently vacated by Chet Maxey. I thought it would be appropriate to bring you up to date on our staffing situation statewide as well as locally. During the past three years of budget reductions, the humber of Extension agents in Vir.ginia has been reduced from 416 to 287. As a result, we are in the process of reallocating positions and relocating many agents throughout the ~tate. After looking at a number of cri teria, we unfortunately detnrmined that the staff in Fluvanna would have to be reduced {rom three agents to two agents. We also realized that we are lacking in agricultural expertise for Fluvanna because Tucker Swanson has worked in the 4-H program for a number of years and therefore has not been able to maintain his expertise In the agricultural arena. To cover this Situation, I would be willing to assign Mark Reynolds, Extension 1\gent, Agriculture in Albemarle County to work fifty percent of his time in Pluvanna County. In so doing it would be necessary for Fluvanna and 1\1 bemarl.e to each pay one-sixth of Mark's salary and the approprjat~ share of his fringe benefits based on each county's portion of the salary funding. As you may be aware, the agents in your planning district have taken a te~m approach to programming and problem solving in the ast and plan to continue. This team offort Should also help in ur efforts to providing agricultural expertise for Fluvanna ount:y. I regret that our funding has been reduced to the point that e are having to make these changes. Hopefully, we can get some estoration in the future. \'''-,llli,l C ....'r""1 jll I\!' ''''f'I,'\,'m ~I"h It 'I'" i"',1111 E"L11 ~drU1;1t ';N..11,. uf thf' \ jtll:ll,i~ I'olft('~ hill' IUHlrUI.. ;"'c, \I;ur ftul\'I'"fh :md \'it,,'h... c;t:,tr tftlh N..U" \'U~III1,,... . .:.r~d I ,I~nl h~~llllltlm,\. """i1h tj!of U",'.Htr11f'nt 01 AlII'.1 uhllll' ~"', r ,t1lt..1 f ;11\'1'1 fllrti'IU. ('UI)IIoI""linS rll)~"'HI". ,( .h'id,,~, AHI' l,,,,,"tt,,nlf'nr "'.I'IU 11Ifdl';",~ jU" ,ih'AiI.,l1t.. In In pf"tl~..1i' 1~'K:lrl'If"" nr rat". to.''', I.."~irtn. \~~. /trol', n;,' jl,ul"rl ',IIr.ill. Ililmlit ,'p, I II r'llriHt ill i\tftlUllnll An P'll'," n~I'''\lllIl1h\ :'''11;11.1111\'.. .'tllillll "111"ln,.., N nrST EXT SER TEL No.7037432009 Jun 5,92 12:57 No.002 P.03 *! 1 anxiously await your response to the proposal. If you have a questions, please feel free to oontact either Margaret Hackler o lne. I I I I I J Iwsa co: Dr. Judith Jones Mrs. Margaret Hackler Mr. Mark Reynolds Mr. Robert Tucker SinoerelYb Ck-<~ ..1{ r3~~se N. udy Distriot Director to (j . /;(:?? i'<>;;>l!::- . (,.j ...'. _. "'":"--' -,~~..t--'~-:: !'"l';' P"'T' ; COMMONWEALTH of VIRGINIA RAY D. PE HTEl COMMISSI NER DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND,23219 June 2, 1992 Secondary System Additions and Abandonments Albemarle County Project 0660-002-187, CS01, CS02 Bard of Supervisors C unty of Albemarle 4 1 McIntire Road C arlottesville, VA 22901 M MBERS OF THE BOARD: As requested in your resolution dated May 6, 1992, the following additions t and abandonments from the Secondary System of Albemarle County are hereby a proved, effective May 26, 1992. A DITIONS R ute 660 - Sections 3 and 4 of new location Route 660, P oject 0660-002-187, CS01, CS02 LENGTH 0.21 Mi A ANDONMENTS R ute 660 - Sections 1 and 2 of old location Route 660, P oject 0660-002-187, CS01, CS02 0.23 Mi 4;t~ Ray D. Pethtel Commissioner i .I I I I . " {. jI ..-' TRANSPORTATION FOR THE 21 ST CENTURY w /.' .<;.;.. ....~--."'-.,..b....'_..,_'''''''.. ._~:~~ / (;:" t-'. / . ~/ .s".. :.) ..J COMMONWEALTH of VIRGINIA Department of Taxation Richmond, Virginia 23282 ... June 5, 1992 TO: Councils of Incorporated Cities and Towns Board of Supervisors of Counties Commissioners of the Revenue and Supervisors of Assessments Columbia Gas Transmission corporation Whereas, in Columbia Gas Transmission Corporation v. State Corporation Commission, No. 911456 (February 28, 1992), the Supreme Court of Virginia reversed and annulled the Commission's order and entered final judgment dismissing the Commission's Rule to Show Cause, and Whereas, the Commission has vacated the order assessing the real and tangible personal property of said company, This is to certify that the document "Statement of Assessed Values for Local Tax Purposes for Railroads and Interstate Pipeline Transmission Companies" made by the Department of Taxation for the tax year 1991 is hereby amended to include the real and tangible personal property of Columbia Gas Transmission Corporation. WEU David E. r;~n Acting Di or Property T Division APPROVED: /1Wd "" ~-~ W.'H. Forst ~--------- Tax Commissioner ~ ClI ..... <I: ..... :I .... cn ~ ocnc .... L&.I ::>- cn cn c ClI a: >- :z L&.I .... <s: - a: a: L&.I ClI a: Q.. :z <s: ClI <S: r...> a: ~ :z Q.. o :z ~ ClI ClI <S: ..... :z .... en << oen~ .... 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L' ~'t1~?, 9~ Af,endJ i:c'ffl '\:.. 9/'/;;:;'; , </ ~ ~,._._--.._...- -~- .,...-.,.;.--,... COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-45% (804) 2%-5823 MEMORANDUM TO: FROM: Albemarle County Board of Supervisors Ronald S. Keeler, Chief of Planning ~ June 10, 1992 DATE: RE: ZTA-91-05 Mobile Homes The Albemarle County Planning Commission, at its meeting on June 9, 1992, by a vote of 6-1, recommended denial of the above-noted zoning text amendment. Attached please find a staff report which outlines this amendment. This item is scheduled for review by the Board of Supervisors on June 17. 1992. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. RSKjjcw cc: Lettie E. Neher Amelia Patterson Jo Higgins AFF PERSON: ING COMMISSION: ARD OF SUPERVISORS: RONALD S. KEELER JUNE 9, 1992 JUNE 17, 1992 DENDOH REPORT: ZTA-91-0S MOBILE HOMES Z A-91-05: RESOLUTION OF INTENT BY THE BOARD OF SUPERVISORS TO STRICT OCCUPANCY OF ADMINISTRATIVELY APPROVED MOBILE HOMES TO ER OF PROPERTY OR LINEAL RELATIVE OR BONA FIDE AGRICULTURAL PLOYEE IN THE RA, RURAL AREAS ZONE AND VR, VILLAGE RESIDENTIAL NE. CKGROUND July 17, 1991, the Board of Supervisors referred this matter to e Planning Commission (Attachment H). The issue was subsequently bled awaiting recommendation of the Board-appointed Housing visory Committee. Recently, the Housing Advisory Committee esented its report to the Board of Supervisors who, in turn, activated ZTA-91-05 together with direction that pertinent using Advisory Committee recommendations related to mobile homes analyzed by the Planning Commission. This report discusses using Advisory Committee recommendations related to ZTA-91-05. her mobile home strategies/objectives should be discussed as part consideration of the report by the Planning Commission/Board of pervisors. USING ADVISORY COMMITTEE RECOMMENDATIONS e Housing Committee has made the following recommendation garding mobile home rental: (MH2) Mobile homes, including single wide mobile homes, should be subject to rental like any other type of housing (G1, G2). (page 71.) DSCUSSION tachments A through L discuss issues related to the proposed "no ntal" clause to be applied to all individually-sited mobile mes. Of these documents, staff would recommend particular nsideration be given to Attachment A prepared by the County torney together with Attachment I prepared by the Zoning ministrator. The original Planning staff report on ZTA-91-05 is tachment F. . 1 T e following is a review of the disposition of individual mobile h me petitions from 1981 through 1991: . Between January, 1981 and August, 1991, the county received 390 mobile home petitions. . Of that total, 82 petitions were reviewed by the Board of Supervisors. I T erefore, only 3.3% of these petitions during this 10 year period : w re disapproved. The following is an analysis of each petition d nied: . Of these 82 petitions, 69 were approved. 1. SP-81-39 - Denied due to public objection and the number of mobile homes in the area. 2. 3. 4. 5. 6. 7. SP-81-51 - Mobile home was proposed for weekend use. SP-83-03 - Denied due to proximity to a sawmill. SP-83-47 - Mobile home was proposed for storage use. SP-84-50 - Mobile home would have been the fourth one on the property. SP-85-23 - Mobile home was a proposed rental unit. SP-85-24 - Mobile home was a proposed rental unit. 8. SP-85-70 - Mobile home was to be attached to an existing cabin. 9. SP-87-99 - Denied due to proximity to the state road and public objection. SP-88-09 Proposed to convert interim mobile home to permanent mobile home. SP-89-92 - Mobile home was proposed for storage use. SP-90-51 - Mobile home was a proposed rental unit. SP-91-09 - Mobile home was proposed for weekend and vacation use. aff opinion is that the inclusion of a "no rental" provision gether with the Board's demonstrated favor towards "needed using" has provided a balanced appro~ch toward individual mobile me location. 2 A to the issue of rental, staff offers the following comments: 1. As a condition of a special use permit, the "no rental" restriction can be deleted by the Board in a particular case. Some compelling reason should justify such action to avoid abuse; 2. The special use permit is the only mechanism available to the Board to address the special nature of mobile homes on individual lots in the Rural Areas, short of repealer. 3. The Board tends to elevate consideration of the applicant above the land use considerations for issuance of a permit as contained in section 31.2.4.1. That is to say, review of mobile home petitions is more personalized than other reviews and conditions according to such review would seem to rationally follow (personalized review of mobile homes has been consistent for decades. Note that staff refrains from making recommendations regarding mobile homes) . Should the Board choose to abandon personalized review of mobile homes and focus purely on the content of Section 31.2.4.1 (Basis for Issuance of Special Use Permit by the Board of Supervisors) the County Real Estate Department should probably comment in each case on the effect to land values in the immediate area. Also, the Planning staff in each case would emphasize as a major land use consideration that the Rural Areas is not intended as a residential zone and, therefore, rental housing would be contrary to the intent of the Rural Areas zoning district. 4. The Zoning Administrator has outlined difficulties involved in the "no rental" clause. A parallel exists in the subdivision ordinance in the form of "family division," which is also subj ect to abuse. The Attorney General has stated that reasonable provisions and procedures may be undertaken to avoid subterfuge regarding family divisions. COMMENDATION AS TO ZTA-91-05: ile a "no rental" provision is an exception to the general role of a special use permit (i. e. - attached to the land, not the a plicant), such restriction results from a demonstrated effort by t e Board of Supervisors over decades to accommodate this type of d elling in the case of need. The facts are that individual mobile h me permits are availed to about 90% of the land area of the C unty and only about 3% of the petitions filed in the last decade h ve been disapproved. Given this background, the County does not a pear discriminatory or exclusionary towards, but accommodating t , mobile homes as "needed housing" for property owners. Of the eight counties surveyed by the County Attorney's office, six 3 ounties have prohibition or restrictions on individual mobile omes in their agricultural/rural districts (Attachment A). Staff pinion is that inclusion of a "no rental" provision together with he Board's demonstrated favor towards "needed housing" provides balanced approach toward individual mobile home location in the Rural Areas and VR Vi~lage Residential zones. Should the Board eem that the "no rental" provision is not enforceable or is not a legal restriction, one alternative is to restrict mobile homes to obile home parks and mobile home subdivisions which is clearly allowable under the Code of Virginia. e Board has adopted a resolution of intent to amend Section 5.6.2 addition of: f. No rental to be made of the mobile home, the same to be occupied by the owner of the land on which it is located or by his lineal relative or bona fide agricultural employee. Staff recommends the following change if this approach is to be sed: f. No rental to be made of the mobile home, the same to be ocoupiea BY the Drimarv residence of the owner of the land on which it is located or By of his lineal relative or bona fide agricultural employee; and shall not be used for any other DUrDOSe other than a dwellinq. ould the Board choose not to adopt the revised language commended for 5.6.2(f), staff would recommend general repealer of e "no rental" provision from all special use permits upon which e same has been imposed. Prior to such action it may be propriate to renotify all adjoining property owners and hold ditional pUblic hearings if warranted (It is staff's opinion that me adjoining owners may have been satisfied with the "no rental" ndition, but would object if the units were available to rent, ekend, vacation, or storage uses). 4 ADDITIONAL STAFF COMMENT Tbe intent of the Board has been to avoid unnecessary proliferation of mobile homes randomly throughout the Rural Areas, on the one h~nd, and to allow mobile homes as a legitimate means of housing on tbe other. Another approach to this issue, which would be simple tb enforce and potentially more legally sound than "no rental" p~ovisions, would be to require that the mobile home be the only d~ellingon the property: f. Such mobile home shall be the only dwelling on the property and shall not be used for any purpose other than a primary place of residence. A~vantages of this approach in staff opinion are: 1. It would allow for a property owner who may not be able to afford or desire conventional housing to live on his property. 2. It would be a deterrent to rental housing, yet would allow opportunity for the property owner to recover his/her investment once the mobile home is placed. 3. It would largely preclude weekend or vacation units. 4. It would be simpler to enforce and may be legally more sound. 5 T I ATTACHMENT AI MEMORANDUM fiECEJVED MAR 2 7 1992 V. Wayne Cilimberg Director of Planning ~"i .^, :'.1" ~ iI" 'Q ri...r.l"i",i'~ DEPT. George R. st. John County Attorney Legal Parameters of Treatment of Mobile Homes Under Zoning and Report on Nearby Counties Treatment of Same March 25, 1992 In our opinion, Albemarle County's treatment of individual bile homes is within what is permitted by law, with the ception that the conditions under administrative approval ould be the same as those which go to special use permit. ere follows an analysis, in support of this conclusion: First, the statutory framework: Virginia Code section 15.1- 466.1 permits counties to designate areas where mobile homes or parks may be located. This section expressly applies whether or n t the locality has a zoning ordinance. Code Section 15.1-486.4 tempers the effect of the above, by providing that in municipalities having zoning ordinances, manufactured homes 19 feet or more in width ("double wides") must be permitted in agricultural districts subject only to st ndards equivalent to those applied to conventional site built d llings. This statute contains a provision that local go ernment regulations enacted under it, shall not relieve lots or parcels from the terms of private restrictive covenants. . The Manufactured Housing Construction and Safety Act, Code Se tion 36-70 through 36-85.1, establishes construction and safety standards but expressly leaves the local zoning power in act. The Virginia Fair Hous.ing Act, section 36-96.1 et seq., lies to mobile homes and mobile home parks, but is silent as zoning. From the above statutory framework, it is clear that the ginia legislature thusfar has intended to leave counties free enact restrictions on mobile homes, with the exception of ble wides in agricultural districts, which are not applied to ventional housing. In our opinion, this latitude extends from across-the-board right inclusion in all districts on the one hand, to total egation to mobile home parks, on the other. In between these I ATTACHMENT AI I Page 21 V. Wayne Cilimberg Page 2 March 24, 1992 extremes is the system of individual mobile homes by special permit with conditions, which is what we have in Albemarle. Turning from statutes to case law, there has been very little the Virginia courts recently. A good article on the national nd toward equal treatment of manufactured housing including ile homes, is contained in Rathkopf, Zoning and Planning, pter 19, in our office. But in Virginia, very few legal llenges have been brought, possibly because attorneys feel t in order to win a challenge they would have to convince the rts to declare the statutory framework cited above, as lative of the Federal or state Constitution. Several years ago, the Circuit Court of Fluvanna County eld Fluvanna's ordinance, which will be discussed below. d Payne defended Fluvanna, and its ordinance is similar to ou s. What is required to defend a case of this kind, is expert ev'dence to the effect that the regulations are based on re sonably valid economic, health or welfare considerations and no on pure aesthetics or prejudice. In the Fluvanna County ca e, Fred had testimony that mobile homes devalue nearby land, an thus a rational basis for the ordinance was established. Again, a review of the cases to date along with the statutes icate that a system of special use permits, so long as the ditions are reasonable and the system is administered artially on a rational basis, will be sustained. Next is a summary of how nearby counties treat individual ile homes: Buckinqham County interestingly has no zoning ordinance and y regulates mobile homes in parks under its general county e. Individual mobile homes are by-right in all residential tricts subject to a "placement permit" from the County inistrator, which is mainly for tax purposes. Nelson Countv's ordinance is similar to ours and may have us d ours as a model. They issue permits administratively if no ob'ectioni if objection, by special use permit. But they do not pu on a condition against rent or alienation out of the family. Greene County uses what is called a conditional use permit er which a certain set of facts triggers by-right use. Must owner occupied and owner or family must show either a medical financial hardshipi permit has four-year time limit for iew and either termination or renewal dependent on whether dship still exists. This is all administered by their BZA. I ATTACHMENT AI IPage 31 V. Wayne Cilimberg Page 3 March 24, 1992 Louisa County only allows mobile homes in mobile home parks. only county we contacted, which totally excludes individual ile homes. They did this in 1988 because of what they saw as roblem of over-proliferation of individual mobile homes. Fluvanna County has provision for farm tenant and "temporary while house being built", by administrative permit, and hardship to owner by special use permit with flexible conditions. A copy of Fluvanna' s application form, with the categories and rules sp lIed out, is attached. This is the practice which was upheld in litigation; I forgot to mention above that the plaintiffs in that case appealed to the Supreme Court of Virginia but their ap eal was rejected. Auqusta County has individual mobile homes by-right in all al districts subject to a placement permit. Equivalent to ventional housing. Rockingham County allows mobile homes by-right in one of its rural districts, and by special use permit in the other. dship must be shown in the latter, but once shown there is no or restraint against future rent or non-family Rockbridge County uses special use permits, liberally issued wi hout hardship or family limitation but always with three year re ewals, to assure mobile homes and site are reasonably maintained to guard against nuisance potential and devalue of ne rby property. So you see from the above, there are many variations. The orneys in these counties believe that their particular iations are permitted under Virginia law, and vIe concur in ir belief. What is necessary in case of any challenge, is irical evidence to justify any particular restrictions and ditions imposed in the particular county. Looking at conditions: As most people are aware, the basic damental rule is that zoning, and permits issued thereunder, uld run with the land not the person. That is to say, they ach to the land itself, not to the particular applicant. er this rule, such limitations as "family only", "owner- upancy only", and time limits, do not pass muster. However, trend is for these conditions to be upheld if rationally portable, and the basic rule is now honored more in speech n in practice. Therefore, I think such conditions as we e, including owner-occupancy, screening, time limitation, and forth, are within what Virginia law permits. '\ATTACHMENT AI Ipage 41 v. Wayne Cilimberg Page 4 March 24, 1992 I have always looked for the law to evolve either through islation or judicial decisions, to the point where mobile es would be treated exactly like any other type of housing, that has not occurred. The one thing we are doing which cerns me, is that our administrative permits do not restrict upancy to the owner or the owners family, whereas our special permits invariably do. This is because the Supervisors an doing this in every case, without putting a requirement this condition in the ordinance. Of ccurse, the inistrator, not having any specific authority to impose this dition, did not and still does not do so. We suggest that the conditions for both types of issuance, be lIed out in the ordinance. We further suggest, that if the rd is of a mind to review its treatment of mobile homes, then should take testimony by qualified people, and make findings fact, as to the effect of mobile homes on surrounding land, need for them as low cost housing, the market, and so forth, underpinning for any regulations and conditions they put into ordinance. I am told that space in mobile home parks is y hard to come by, for example, and the Board may want to 1 with this as part of its review both of mobile homes and housing situation in general. And the Commission and Board should be aware of the study itled "A study of Mobile Homes" undertaken by the TJPDC in 19 7. This document has valuable information on the number of ex' sting mobile homes in the various localities and their tr atment by locality; it also contains recommendations one of wh ch is that the District Commission be brought into the pr cess as a clearing house for changes in mobile home zoning re ulations among the localities in the District. I believe th s document would be a good starting point for any proposed re ision in our practice. I !':rTAC,HMENT A I . I IPage 51 propelr~y Owner FLUVANNA COUNTY, VIRGINtA CONDITIONAL USE PERMIT APPLICATION Phone Jl.ddress Location of Proposed New Use Total Acreage _____ No. of Present STructures Tax Map Describe Proposed New Use CERTIFICATION OF OWNER Individual mobile homes are parmitted by the Fluvanna County zoning Ordinance in A-l Agriculture, R-l Residential, R-2 Residential General after receiving a Conditional Use Permit from the Fluvanna County Board of Supervisors under one of the following conditions: (Check one.) a. Bonafide farm tenant permit is valid for two (2) year intervals. Revalidation after that period by the Fluvanna County Board of Supervisors. *b. While constructing a single family dwelling (mobile home must be located on the same property as proposed construction). Subject to renewal each year for a period not exceeding five (5) continuous years after receiving Conditional Use Permit from Fluvanna County Board of Supervisors. c. Hardship cases defined as natural disaster destruction, emergency medical, or moral responsibility. Permit is valid for two (2) year intervals. Revalidation after that period by the Fluvanna County Board of Supervisors. An inspection fee of $60 is required before mobile home set-up can be ~pp:oved by ~he Building Inspector. *A copy of your building permit, obtained from the Building Inspector, must be attached to this application in order for it to be considered by the Board of Supervisors I have read the applicable sections of the Fluvanna County Zoning Ordinance governing the above-stated use(s) and certify that this property will be used for the above-specified use. Date Signature of Property Owner Subscribed and sworn to before me this ____ day of 19_. Notary Public My Commission expires CERTIFICATION: !:late Zoning Admini.stra'\;or Renewals 1_1'..'l:~(',HMENT Ai i~d~': s: - propl y Owner FLUVANNA COUNTY, VIRGINIA CONDITIONAL USE PERMIT APPLICATION Phone }..ddres Locati n of Proposed New Use Total creage No. of Present STructures Tax Map Descri e Proposed New Use CERTIFICATION OF OWNER Indivi Ordina after of' Sup ual mobile homes are permitted by the Fluvanna County Zoning ce in A-l Agriculture, R-l Residential, R-2 Residential General eceiving a Conditional Use Permit from the Fluvanna County Board rvisors under one of the following conditions: (Check one.) a. Bo afide farm tenant permit is valid for two (2) year intervals. Re after that period by the Fluvanna County Board of Su *b. Wh'le constructing a single family dwelling (mobile home must be lo ated on the same property as proposed construction). Subject to re ewal each year for a period not exceeding five (5) continuous years af er receiving Conditional Use Permit from Fluvanna County Board of Su ervisors. c. Ha dship cases defined as natural disaster destruction, emergency me ical, or moral responsibility. Permit is valid for two (2) year in ervals. Revalidation after that period by the Fluvanna County Board of Supervisors. An ins ection fee of $60 is required before mobile home set-up can be a?p~cved by the Building Inspactcr. *A copy of your building permit, obtained from the Building Inspector, must be attached to this application in order for it to be considered by the Board of Supervisors I have ead the applicable sections of the Fluvanna County Zoning Ordinance governi g the above-stated use(s) and certify that this property will be used fo the above-specified use. Date Signature of Property Owner Subscri ed and sworn to before me this ____ day of , 19 Notary Public I I CERTIFI ATION: My Commission expires Date --r-.-- """'--'--:--:""~~._' ---- Zoning Admini.stra-cor Renewal ZTA-91-05 To ame- ~ the Albemarle County Zon5 ,. ordinancdATTACHMENT I in Section 5.6.2, . Conditions of Approval f01 Aobile Hom<::;;:, VAl Individual Lots by the addition thereto of a subsection 'If" reading: "No rental to be made of the mobile home, the same to be occupied by the owner of the land on which the mobile home is located, or by a lineal relative or bona fide agricultural employee of the owner." Mr. Cilimberg briefly introduced the item. 5Y The Chairman invited public comment. Mr. Kevin Cox addressed the Commission. He felt the County would benefit by a requirement that all single wides m~et the HUD Code's Federal Building Standards for Manufact~red Housing. Regarding the ZTA, he felt the issue was "Is:the Zoning Ordinance intended to enable a local governing body to regulate the socio-economic make-up of its populace?" He felt prohibiting the rental of single-wide trailers would effect the socio-economic make-up of the County. He quoted the following case law (City of Manassas vs. Rosson): "A Zoning Ordinance must not discriminate arbitrarily either in terms or application;" and "When a landuse permitted to one owner is restricted to another similarly situated, the restriction is discriminatory and if not SUbstantially related to the public health, safety or welfare, denies equal protection of the laws." He felt owners of double wide units are "similarly situated" to owners of single wide units and therefore should be allowed to rent their units just as double wide owners are allowed to do. There being no further public comment, the matter was placed before the Commission. Mr. Johnson read a prepared statement, a'copy of which is made a part of this record as Attachment A. He presented a copy of a North Carolina study on manufactured homes to Mr. Cilimberg. 9-23-91 I ATTACHMEN~ I Page 21 Mr. Rittenhouse noted that the Board has recently deferred (to January) two applications to amend special permits to allow rental of single wides in order to allow time for the Housing Committee to complete its study and submit a report. He described two possible actions by the Commission: (1) Approval of the ZTA as stated would "ensure some consistency between administrative approvals and the Board's previous actions," thus it would remove an inconsistency, but it would not increase the availability of affordable housing by making these units available as rental units; fr (2) Denial of the ZTA which would be consistent with the Eoard's action of deferral because it would allow time for t~e Housing Committee to complete its study. He pointed out that the negative aspect of a denial is that the consistency sought by the proposed amendment would not occur because there would be no change in the present situation, at least for a while. He stated he was in favor of the latter action (denial) because he felt it was premature to "try to determine how affordable housing is effected by the allowance of single-wide mobile homes for rental units." He want~d to wait for the report of the Housing Committee. J Ms. Huckle stated she supported the amendment for the following reasons: (1) Allowing rentals will "slow the impetus for the County to provide real affordable housing"; and (2) Because there is no inspection of rental property, landlords could rent substandard, unsafe units. She did not feel rental mobile homes were more affordable than traditional rental units. Ms. Huckle indicated she had done some research and discovered there are currently 1,536 trailers in the County which are appraised at a total of $5,615,825 (average of $3,356/unit for an average of $26 per unit in real estate taxes). She felt this was a low price to pay for educating the children which these units will house. Mr. Grimm asked how the County could enforce a "no rental" policy. Ms. Patterson addressed this question ~nd stated that it was "extremely difficult" to enforce given the fact that surveillance is required and the County does not have the means to perform this type of function. She also noted that she did not have access to documents which would verify occupants' relationship to owners of the units. Mr. Wilkerson expressed agreement with Mr. Rittenhouse's position. However, he felt either a denial or approval would be "sending a message." He suggested a deferral until after the Housing Committee's report has been submitted. Mr. Grimm agreed. Mr. Rittenhouse stated he had no opposition to a deferral. " Ipage 3\ 9";23-91 I~TTACHMENT B I Mr. Wilkerson moved that ZTA-91-05 be indefinitely deferred to allow time for the Housing Committee to complete its study and submit a report. Ms. Andersen seconded the motion. Discussion: Mr. Johnson stated he would support the deferral, but he asked that the Commission request that the Housing Committee consider the North Carolina study in ~n attempt to "see what can be done to these manufactured homes to make them acceptable and make them serve as lQ\o~'-cost housing." He stated: "I would not be in favor of.a review of the situation just based on mobile homes as the seven of us view them today but I think there are some changes in the Code that could, as I have indicated in my statement (Attachment A), make these very acceptable in the locations where they are most apt to be placed and acceptable to the neighbors...and also acceptable as low-cost housing." The motion for deferral passed unanimously. Mr. Johnson left the meeting at this point (7:40) because of a previous committment. ,~rATTACHMENT 81 IPage 41 September 1991 A-91-05 Add occupancy restrictions to P 5.6 Mobile Homes Ir.dividual LClts are considering a Zoning Ordinance Amendment to eliminate a I inconsistency in the application of restrictions to the s~bJect Mobile Homes. Without question, this situation s ould be corrected. The proposed amendment does remove t is inconsistency, however, in this process, it creates .othet~. Mr. Bowlir.g reported, the State Ccode says that "ar,y urJit er 19 feet in width, if it meets the appropriate codes, Mist be treated as any stick-built house." The proposed a endment thus applies only to units 19 feet or less in w"dth. It is my lmderstar.diy.g that the r.ext smaller i crement has a width of approximately 14 feet. Since the c ~t of the unit is proportional to the size, we are thus d"rec~ly discriminating on the basis of economic c pab{lity. Only those not able to financially afford the a ditional 5 feet will be faced by this restriction r quiring occupation by the owner of the land etc. Such a ovision is neither morally or perhaps legally suportable. ections to mobile homes are primarily based on the rception that they will have an adverse effect on adJacent operty values. This they may have, but it will not cessarily be more than that of a stick-built house of Imperable vallie. Iy, bc,th situatic.r,s, we are addressiYlg lc,w- st housing, either as being c.wned or rented. . lieu of the proposed amendment, I recommend that those ctions applying to mobile homes in the Zoning Ordinance be anended along the following lines: (1) Use the currently accepted terminology of " arllifactured HClmes." (2) Permit maY"JL\factured hcomes "By Right" ir. the Rur.al ea Districts. (3) Within Section 5, Supplementary Regulations, entify special conditions applicable to manufactured ~es. These may include (a) Meets or exceeds the nufactured Home Construction and Safety Standards of the fice of Housing and Urban Development, (b) Moving hitch, fATTACHMENTB I eels and axles, arid tl"~anspc'rting lights remc1ved, (c) terior siding consists predominantly of vinyl or aluminum .rizontal lap siding (whose reflectivity does not exceed at of gloss white paint), wood, or hardboard, comparable i composition, appearance and durability to the exterior siding commonly used in standard residential construction, a.d (d) Set up on a continuous, permanent masonry foundation masonry curtain wall. Ie unit to a lot, the value of lots in Albemarle County and IY anticipated rental return, can be expected to be a ,sitive and significant control over the number of rental its. The suggested conditions, being more than those plicable to stick-built houses, will improve the a ceptance c.f these urlits. Allc1wirlg marlufactl..lred hc,rfles "by ri ght II wi 11 esserlt i all y el irni rlat e the admi rd strat i ve p obi ems of the past. ese manufactured homes are indeed low cost housing. With ,nditions, they can be made acceptable to the locations on ich they are most apt to be located. We must not forget at in 1988, 34~ of the population of Albemarle County had I annual AdJusted Gross Income of less than $15,000. year ago we made an exception and authorized Montdomaine C lIars to continue another 3 years using a Temporary Nc,rlresiderlt i al Mobile HClme because i rl was faci rIg 'II fi narrcial difficulties" arId was a "busirless activity which is related to agriculture." Surely we have as much empathy fc,r IClw cc.st hC11..\sirlg. opies of zoning information from North Carolina on anufactured homes are being supplied to Mr. Cilimberg. . F. Jc,hrlsc,rl Ipage 51 1 ATTACHMENT C I ALBEMARLE COUNTY PLANNING COMMISSION WORK SESSION - September 10,1991 Hi~hlights: Greatest objection to mobile homes is the perception by the puplic that they negatively impact surrounding property va ues. It has not been determined if this is a real thl-oeat, '" .~ Mr Dennis Rooker, a businessman in the manufactured housing in,ftustry, answered several questions and offered the fo lowing comments: --Single-wide mobile homes sometimes replace sub- st~ndard conventional housing. --A single-wide mobile home is much preferable as a re~tal unit than a substandard stick-built house, --Cost: Single wide - $13,000 to $30,000 Double wide - $20,000 to $50,000 --Average financing: Single wide - 10% down, $l~ljmonth for 15 years. Double wide - 10% down, $247jmonth fo" 15 years, --The value of a unit after 15 years depends on whether it is to be sold with the land it sits on, or moved. --A single-wide, on a 2-acre lot, would have some va ue. --Even in mobile home parks where mobile homes are ow~er-occupied, but the space on which the home sits is re~ted; the level of upkeep is much higher than in renter- oc~upied units. --Only 5-10% of mobile homes are ever moved from their or ginal sites. --An older person who must leave his mobile home to moire to a nursing home could use the rental income which his mobile home could then produce. --Owner-occupied units are better maintained, --HUD guidelines which took effect in 1976 required th~t manufactured homes pass inspection for safety st~ndards. These guidelines deal with the quality of construction, 'ATTACHMENT C I I Page 21 -2- --Many communities now accept HUD homes "by-right." Ot~er communities accept other types of manufactured housing prl vided they meet the same minimum standards as any other tYI e housing, --After the 1976 HUD laws went into effect the number of fires in mobile homes was no greater than in conventional dw llings. --It is often difficult to obtain financing on older mol ile homes, Mr. Rooker was asked to provide whatever information he COt ld to the Housing Committee regarding the policies of ot er communities, .. Mr Kevin Cox pointed out that there have been no apl lications from persons who wish to buy mobile homes so ely for the purpose of immediate rental, Rather, in( ividuals want the option of being able to rent the units af er the family no longer needs the home, Persons often li~e in the units until they have built a coventional dWE lling, often at the back of the same property, So if the mot ile home was then rented, the owner-landlord would be cll se by to see that it is kept up, No one is going to buy pr me real estate in Albemarle County with the intent of pl. cing mobile homes on it for rental purposes, Mr, Cox SUI gested that a way to control the rental of mobile homes WOl ld be to state that no one person could own more than one reI tal mobile home. . Ec(nom}cs of land values make mobile home parks unattractive fo in\estors and developers. Tu nover in small mobile home parks is less than in larger pa1ks. Hu(kle; Felt the existing process has worked well and will be made more effective by restriction against rental of mol ile homes which receive administrative approval, She noted that an applicant can seek relief from the Board from an~ condition placed on a special permit. She also feared thct a supply of mobile homes as rental units might reduce thE impetus for finding more acceptable solutions, Mr, Johnson noted that the present issue is related to di~crimination, i.e. persons who apply for a single wide and re(eive no objections, do not have the same restriction agl inst rental with an administratively approved permit as th(se who must come before the Commission for approval, I ATTACHMENT CI -3- Mr, Johnson also suggested that the industry might consider ma ing modifications to double wides which would decrease th cost (e,g, allowing some of the interior work to be co pleted by the purchaser) thereby making double wides af ordable to more people, (Mr, Rooker noted that financing mi ht be difficult to obtain.) Qu stions to be answered: --Is there a public purpose to be served by di tinguishing single wides from double wides? --What is going to be accomplished if enforcement is al ost impossible? --Are property values really effected and, if so, how? IPage 31 .~ SE 10 '91 07: ~TACHMENT 0 I REPUBUC CAPITAL CORPORA nON P.O. Box 7885 Charlottesville, Va. 22906 (804) 979.5388 FAX (gQ4) 979-0575 September 10, 1991 Mr. V. Wayne CiHmberg Director of PJ~nning &: Community Deve}~pment Albemarle COunty Office Building 401 McIntire Road Charlottesville, VA 22901 Dear Wayne: I understand that the County is considering changing the ordinance that effects the availability of mobile homes within the County. -I would like to ~xpress my concern about the changes in the ordinance that would make it more diffiCult for people to occupy this type of affordable housing. As the statistics for housing clearly show, inexpensive rental housing is a scarce commodity. Although manufactured housing has had an unfortunate sti~ it nevertheless remains a necessary alternative for some people seeldng shelter. I would advocate that prior to any change recommended oy your staff or placed before the Planning Commi~sion or the Board of Supervisors, a careful analysis is done on the effect such an ordinance change would have on the availability Of rental manufactured housing in the County. Yours, ~~ ~t me.~ BJake Hurt President jmen . . I )-\. .A(';H..vu:a~ I t: ZTA-91-05- To amend the Albemarle County Zonl.nq Ordl.nal1lr.p in Section 5.6.2. Conditions of ApDroval for Mobile Homes in ~ndividual Lots by the addition thereto of a subsection 'If" reading: "No rental to be made of the mobile home, the same to be occupied by the owner of the land on which the mobile home is located, or by a lineal relative or bona fide agricultural employee of the owner." Mr. Keeler presented the staff report. The report stated the purpose of the amendment was "to ensure that mobile homes approved administratively are subject to conditions of approval as may be imposed by the Board of Supervisors." Mr. Johnson asked staff to comment on the discussion which had taken place at the State level which resulted in the state Code allowing rental of double-wide mobile homes, but not single wides, i. e. "what is the logic?" Mr. Cilimberg did not think there had been any discussion of the rental vs. owner-occupancy issue at the state level "in the case of those which would become by-right in rural or agricultural districts." He explained further: "As to the difference, 9-3-91 1 ATTACHMENT E I IPage 2\ where one can be considered one way and one another, is the essence of land use decision making and what localities are empowered with and not empowered with. What this locality, in its rural area district, is empowered to do, is allow mobile homes not allowed by right under state law by special use permit, and attach all appropriate conditions...related to health, safety and welfare." He summarized that the issue of whether rental or owner occupancy is considered to be in the public interest is a land use decision. Mr. Bowling added that the state Code says that "any unit over 19 feet in width, if it meets the appropriate codes, must be treated as any stick-built house." Mr. Johnson asked if compliance with Section 5.6.2 should also be required of special permits for mobile homes which are administratively approved by the Zoning Administrator. Mr. Keeler explained that all the conditions of 5.6.2 are required and the Zoning Administrator decides whether or not to grant administrative approval based on 5.6.2(e) which is related to screening and landscaping, i.e. if there is no public opposition to a special permit request, then the Zoning Administrator is satisfied. The following members of the public addressed the Commission. Mr. Kevin Cox - He felt the amendment was unnecessary. He pointed out that the County's subdivision rules and land use policy, along with the demand for lots, have contributed to a dramatic increase in the cost of property, making land unaf'fordable for many people who must look to single-wides for housing. He felt the restriction against rental would be very difficult to enforce. He felt the solution was: "To allow single wides by-right--change the wording of the current zoning text amendment so that it reads 'No rental to be made of the mobile home during the first year following the issuance of a certificate of occupancy. During this period the mobile home is to be occupied by the owner of the land on which it is located or by his lineal relative or bona fide agricultural employee.'" He also felt an additional condition should required that a single-wide be placed on a permanent foundation. Mr. Cox's comments had included references to staff's memo dated September 3, 1991, which addressed general issues related to mobile homes. Mr. Rittenhouse pointed out that the Commission had not yet discussed the memo. Staff was suggesting that a work session be held to discuss these 9-3-91 I ATTACHMENT EI Ipage 31 matt~rs. Mr. Johnson suggested the Commission should not act on the ZTA until after the work session had taken place. There followed a debate on whether or not to continue with the ZTA or to defer it until after the work session. Public comment continued. Mr. Greg Davis - He felt the amendment was an "effort to legislate away poverty." He noted that few people would choose to live in a mobile home if they had a choice. He stated: "Just because housing is considered by some to be undesirable is not, in itself, a reason to legislate it away." Mr. Ed Wayland - He was opposed to the amendment. He stressed that housing is a serious problem in the community because there are many persons who cannot afford traditional housing and to take a step eliminating a certain type of housing which could accommodate these persons is "a step in the wrong direction." He felt this was sending the message to a segment of the population that "We're sorry but there is no place here for you to live and was a serious misuse of the power of landuse planning." He stated that proper landuse planning requires planning for all segments of the population. He felt this step should not be taken unless there is an alternative provided. He also pointed out that the special permit process is "humiliating." There being no further public comment, the matter was placed before the Commission. Ms. Huckle pointed out that the amendment would not prevent persons from buying and occupying mobile homes; rather it would prevent the rental of mobile homes. She indicated she was in favor of continuing the policy of the Board of Supervisors, and noted that the restriction against rental of mobile homes had been in the original Zoning Ordinance. Mr. Johnson felt a "salient feature of the whole subject" was its relation to low cost housing. Mr. R~ttenhouse noted that there has historically-been a policy of restricting mobile homes from rental and felt the amendment was a clarification of an existing policy. He also stated that he was not ready to acknowledge that the rental of mobile homes was a solution to the issue of affordable housing. He stated that the fact that mobile homes still require the issuance of a special permit implies that the public views this type of housing differently. He concluded he was willing to support the proposed amendment and he did not think the amendment was "an attempt to deny affordable housing by manipulating rental or owner occupancy of mobile homes." IPage 4\ 9-3-91 I ATTACHMENT EI Ms. Andersen was in favor of deferral of the ZTA until after a work session has been held to discuss all mobile home-related issues. Ms. Andersen moved that ZTA-91-05 related to the rental of mobile homes be deferred to September 17, 1991 and that a work session be scheduled for Septembert 10, 1991. Mr. Jenkins seconded the motion which passed unanimously. Mr. Johnson asked staff to consider the question of "is there any way to satisfy both problems, i.e. acceptability ~nd availability?" IATTACHMENT Fl. COUNTY OF ALBEMARLE MEMORANDUM Albemarle County Planning Commission Ronald S. Keeler, Chief of Planning~ September 3, 1991 MOBILE HOMES: INDIVIDUAL SITES IN RURAL AREAS As its meeting of July 17, 1991 when the Board of Supervisors referred ZTA-91-05 to the Planning Commission, request was made that the Commission also discuss the more general issues related to mobile homes. You will have an otherwise full agenda to consider on September 3, 1991 and it is suggested that you hold a separate worksession on this matter at a later date. Comprehensive reviews related to mobile mobile home sites were undertaken in 1976 and 1984. Much of this information may be useful today, however, it appears a comprehensive land use survey may also be in order (significant discrepancies exist in past County and Thomas Jefferson Planning District Commission surveys; only single-wide mobile homes would be currently surveyed due to change in state law which allows double-wides by right). Such a survey would take months to complete. However, the Commission may wish to discuss the issue solely on the basis of policy and identified needs. For example in the early 1980's, staff identified the need for about 250 replacement spaces in mobile home parks due to actual or likely discontinuance of existing parks. It is likely that many of these units would be relocated to individual sites. IATTACHMENT FI Ipage 21 Board of Supervisors September 3, 1991 Page 2 Staff offers five alternatives to provoke discussion on this matter: 1. Prohibit single-wide mobile homes on individual lots: This would restrict single-wides to mobile home parks. Double-wides by state law would be allowed by right in the Rural Areas. Staff opinion is that many people who could afford a single-wide mobile home may be unable to afford a double-wide. 2. Review all mobile home special use permits: This approach would add significantly to Planning Commission and Board of Supervisors reviews. Since 1981, the County has processed 390 mobile home petitions of which 82 (i.e. - lout of 5) have been reviewed by the Board. What "impresses staff in this regard is that most mobile homes do not receive complaint or concerns are satisfactorily resolved prior to public hearing. While staff has not analyzed this factor, you may recall that many complaints are received from out-of-state property owners. 3. Continue current procedures: The current "review if appealed" procedure has saved much agenda time to devote to other issues. Generally, the only additional regulations which have been applied are in regard to rental and screening. The Zoning Administrator does not require screening measures if no objection is received (screening measures have been agreed to between the applicant and complainer to avoid public hearing). A matter of concern outlined by the Board regarding the current review process is consistent application of regulation. This simply may not be practical when some mobile homes are approved administratively and others are approved (or disapproved) in the public hearing process. 4. Give the Board of Zoning Appeals authority to approve mobile homes: Under the Code of Virginia, the Board may delegate approval of (selected) special use permits to the Board of Zoning Appeals. As stated earlier, the County has basically been receptive to need or hardship on the part of the applicant and the Board of Zoning Appeals is versed in hardship review. Board of Zoning Appeals review could be in accord with procedures of either 2 or 3 above. IATTACHMENT FI IPage 31 Board of Supervisors September 3, 1991 Page 2 5. Allow single-wide mobile homes by right: These mobile homes would be required to comply with the provisions of S 5.6.2 of the supplementary regulations. Failure to comply would constitute violation of the Zoning Ordinance, however, the mobile home would not be subject to repeal by the County. Since these regulatory provisions are in the supplementary regulations, relief or modification would be granted by the Board of Supervisors as opposed to the Board of Zoning Appeals. RSK/mem I ATTACHMENT G I Kevin Cox Route 2, Box 226E Gordonsville, Va 22942 July 16, 1991 f'" " ~ .. ..... ~". . L 1? 1991 , , ..~<~. ;;'" ~ "':~'~.~:,: ~J Ti~,;,~ lbemarle county oard of Supervisors 01 McIntire Road arlottesville, VA 22901 1- ,.,,'~ \\ l 1.1. , " - ...~ (. i ,~'.. .';'tC~:: t t' ince the adoption of the current zoninq ordinance in December of 980 neither a prohibition aqainst rental nor a requirement of pplicant occupancy have been conditions of approval for mobile omes as stated in section 5.6.2. Because this condition was ropped from the zoninq ordinance, all mobile homes which were dministratively approved since 1980 can be legally rented or old on the site if the special use permit holder so desires. ome, but not all, of the BOS approved mobile home permits have he "no rental" condition placed on them. As recently as 1989 any mobile home permits were approved by the BOS without pplicant occupancy as a condition. The vast majority of mobile omes certified for occupancy since 1980 do not have applicant ccupancy as a condition of approval. Yet there has not been a roliferation of "de facto" rural trailer parks in Albemarle ounty. Nor are there larqe numbers of poorly maintained rented obile homes on rural lots. There are, however, a few very nice ffordable mobile homes available to rent on rural lots. These ffordable rentals frequently provide the opportunity for future ome owners to reduce their expenses and save towards a down ayment. t has been suqgested that the lanquaqe of the condition be hanqed from "applicant" to "owner". The rationale beinq that e applicant could then sell the home on the site and not lose heir investment in site work. Unfortunately, many older mobile omes cannot be sold irreqardless of their physical condition. en though many of these homes have been considerably improved nd are on well maintained lots, they remain "trailers" in the yes of the lenders. Financing the purchase of an older sinqle ide is very difficult. ecause sellinq is a limited option, many sinqle wides become ental properties when the oriqinal buyer is able to afford a inqle family home or there is a chanqe in circumstances. There re sinqle wides with the "no rental" condition which are beinq ented at this time. In one instance an elderly parent livinq in sinqle wide passed away. After tryinq unsuccessfully to sell he home, the permit holder rented to a low income elderly ouple. How would this "no rental" condition be enforced in this ase? FOrtunately that is not a problem because, the, condition is I ATTACHMENT G I I ~age 21 unenforceable. Like much of the zoning ordinance, this regulation will have to be enforced through citizen complaints. I will not register a complaint because of the possibility of eviction and the potential increase in public assistance costs to meet the housing needs of the evicted tenant. ~ - I ask that you not amend the zoning ordinance with the ,"no rental" condition for the following reasons: 1) Unenforceable. This condition will adversely effect honest people while encouraging scofflaws. 2) Unnecessary. The two acre lot size and five subdivision rule eliminate the possibility of "de facto" trailer parks in rural areas. There also has been a decline in single wide permit applications since the "legalization" of double wides last year. 3) Limits housing opportunities and reduces affordable options. Families live in a mobile home while paying for the land. When the land is paid for, it can then be used as collateral for a construction loan to build on the site with the mobile home rent providing increased income for the owner, affordable rental housing and on site management of the mobile home. Albemarle County has one of the most liberal policies regarding mobile homes in central Virginia. I commend you and encourage you to retain it as such. Sincerely, Kevin Cox IATTACHMENT HI COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 MEMORANDUM FROM: Albemarle County Board. of Supervisors v. Wayne Cilimberg, Director of Planning Community Development and {1v 0 TO: DATE: July 12, 1991 RE: Conditions of Approval Mobile Homes Authorized Administratively ~ The Board of Supervisors has requested ordinance language to restrict occupancy of administratively approved mobile homes. Such language was included in the prior zoning ordinance and could be reintroduced in current regulation as Section 5.6.2(f): f. No rental to be made of the mobile home, the same to be occupied by the owner of the land on which it is located or by his lineal relative or bona fide agricultural employee. Currently, special use permits issued by the Board typically have the condition "Mobile home shall only be occupied by (property owner) or their family." If the Board wishes to amend the ordinance to include the above language, it should pass a resolution of intent to do so. If the Board feels it should address the mobile home policy more broadly, staff would like to discuss the issue with the Board as to the direction to take. VWC/jcw cc: Amelia Patterson IATTACHMENT II COUNTY OF ALBEMARLE MEMORANDUM, 0: ~ber-\. W. TL\~e,}-:JK,) . c..oun'-'t E.~e.c.u.+\''-fe.. ~ ROM: .Af-J.e-\l5 t--\. Pa+-tef60nJ ~ntnC\ Adml(J\S.-tr-a+o\ ATE: ju \'1 \'1 \ \C"1'1 \ . E: Lc(~d-'\O()5 Which '~e.s\f"\C~ llie of ~ob;\e. \-\~0 S?eua \ ?,,~m'l'-t6 Io'-.J e. 6e\[ era \ Co('(\ <<Iee'd.'") ren. --\-\ \[ e.. .-\0 ~ he. e.(\\Drc..e - , -t and ,(\ter~("e+a-"hor) o~ Sp=c\a' -pe\fY)'\-t5 \NY: \en ~\c...+ aLU(\e<onl~p ancllo\ oc.c..u'p3'tO../ 0.(: mo'b\\e ome5. T\--e ?nrYUrl1 Cofy:er'(\ i~ {~ 'm'p('oc..+\caL .hl f e~r\D('cerl\ef)+ o.~ 6uch res-k-IL+\Gno. ere I~ p~l~ no mech8nl'sm -+0 1()'~o(,N\'-l-hi~ t:epr.\-(Y)e.(\+ 0\ requ-\~e. aWrO\fO-\ -\Or cren~e O~ ttLu~~ 0, (\-\,\-.\e\ ou.:>ner6h1p 0+ mob,le hC:(Y1eo. 10 Ino+l+u+e.. 6uch a mec.honI0(Y) \NOLlld re dt~wl~ and V\l6Ll\d Q.c(\6urre rnuc:Jr\ 6ta-H-~-Hrne... A+ ~+h to '4-\irY'e. I --thcre ,\ ~ ()cl 5u q: \ c.\U\l 6fa# -to pro"f '\de. r\eJd I NOPOC+-10t15 and rec.o~ c-h-ecJ\~ r\ec.e.66arY-to Oc+\\!e.'\i e(lto~e.. 6uch C1:Yld\:+'on~ I f'nforl~el-Ylenf 0+ 6\\"'1\\ \0...(' CD()d,+',ons on ()O(\ - le6ldc=n-\- I a \ 6peoet 1 ~\'+ U'be~ Such ~ da~~<L Cen-\e('~ a~ p('\\Ja..~ .cc.hoo \-s ,r::, o-H-en l.-\nw\ eJc\ 1\1 ) de.'5-p1 ~c: ,",e. bUD\ ~~ \ \ ~ense 30C1 zon I \~ ~\ea("(J nc.e. 05 mec\rv3n \ \jr{)~ .-\0 ch c.cJ< Ccxn p \ \ tl nee- , IATTACHMENT II \page 21 :s ~ \ 'i i I )1 q ~ \ 't!v.hs- t vJ. TJ cY,~;z ~~ t As s secondac-L\ IOSL\e) -L ro"ie. CDnC.ecrl2J a'oou+ '--\-\\e \{\terp-reAfJ,+ion I 30d e(0),t.ernen+ cJ;.. \N ho 5\\3\ \ te. 'pef""(Y\\-t\-cl.. \ C I' F?("'r", I, \l d c.~ l~tJe. dW hco(\+ d\t \C\cJ1..,uJed. 'TYI16 c.ou\d 0\60 \n'46\\/e~eJd '{\6~C+\CC-c") and recc\(\ Cy-:eck"j ~~(" c.Cq'"1\tj'i \?4~. J ce.cc,('n(~ne(~ "JIr')6-+ so(Y)e. de-h'(-;',-tiC")n 0+ i\fO(Y\I)~'1 Le- IC1CJIJ(1e-.d \ 1) 311'1 -k,\\rc\ Te.l -\- A\~\e.\d(cerd- ~c()?c6Ld . ~~; -L I '('-\-;---. i II I. \-> \.... " : ) . \ - (' (})'I ref,,:>J i C\~ ch-) 1~ (~ e-C p CC>3 \L~ 'l)\-e.a-:~ \ {"'>-torrY, (Y-le. ?1c\d,+\Gna \ At'i\ r /6p I COUNTY OF ALBEMARLE Office of County Attorney 416 Park Street Charlottesville. Virginia 22901 Telephone 296-7138 JAMES M. B WLING, IV DEPUTY COUN Y ATTORNEY GEORGE R, ST,JOHN COUNTY ATTORNEY May 2, 1990 . Wayne Cilimberg, Director lbemarle County Planning Department 01 McIntire Road harlottesville, Virginia 22901-4596 Re: Special Use Permit -- Limitation to Curent Owner Wayne: At the Planning Commission's meeting on May 1, 1990, the ommission asked me to give an opinion as to whether the Planning ommission can restrict a special use permit to a single owner or pera tor. The general rule is that special use permits run with the and and are not personal to the user. The Planning Commission nd Board of Supervisors may not impose a condition which is nrelated to the use of the land. Thus, a special use permit may ot be conditioned to terminate when the title to land is onveyed to one other than the applicant. Further, where a ersonal condition is improperly imposed rt can be removed, even 'f the appl ican t has agreed in wr it ing to ab ide by it. See erican Law of Zonin , 3rd ed., Section 21.32. Will you please see that each member of the Commission gets copy of this letter in an appropriate agenda packet. If you or ny members of the Commission have any questions, please feel ree to give me a call. Very truly yours, (). ! --- JamiM. Bowling, IV B/bm IATTACHMENT KI COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 229014596 (804) 296-5823 January 22, 1988 Mr. George St. John County Attorney 416 Park Street Charlottesville, VA 22901 RE: Mobile Homes Dear George: In recent years, staff has proposed changes in the review process for current development to provide more time for the Planning Commission and Board of Supervisors to devote to long-range planning and community development issues. The Planning staff is discussing a recommendation for substantial change to the approval process for individual mobile homes subject to Sections 10.2.1.10, 12.2.2.10, and 5.6 of the Zoning Ordinance. Prior to any discussion of this issue with the Planning Commission, staff seeks your advice as to the legal aspects and feasibility of this proposal. Currently, special use p~rmit review of a mobile home is required from the Planning Commission and Board of Supervisors if the petition receives objection by any person notified pursuant to Section 5.6.1.1 of the Zoning Ordinance. The change to this process would be that review would be made by the Board of Zoning Appeals as opposed to the Planning Commission and Board of Supervisors. Section 15.1-430 of the Code of virginia (1950, as amended) defines "special exception" as a special use, that is not permitted in a particular district except by a special use perm~t granted under the provisions of this chapter and any . IATTACHMENT Kt IPage 21 George St. John Page 2 January 22, 1988 zoning ordinances adopted herewith." Section 15.1.49l(c) of the Code states in part that "the governing body...may reserve unto itself the right to issue such special exception or use permit." Section 15.1-495 of the Code establishes the powers and duties of board of zoning appeals. Among powers and duties of a board of zoning appeals is "to hear and gecide applications for such special exceptions as may be authorized in the ordinance." 1. The governing body may reserve the right to issue special use permit or by ordinance designate the Board of Zoning Appeals to hear and decide such petition. Does the governing body have authority to designate the Board of Zoning Appeals to hear and decide selected special use permits and reserve right to issue other special use permits? 2. If the answer to Question 1 is "yes," are there any legal cautions to "fragmenting" the special use permit review process? That is to say, could permits issued by the Board of Zoning Appeals be viewed as being of lesser importance due to delegation of authority by the governing body? 3. Section 15.1-497 of the Code provides that any person aggrieved by Board of Zoning Appeals decision may present petition to the circuit court of the locality. Should the governing body authorize the Board of Zoning Appeals to hear and decide special use permits, would an intermediate appeal of Board of Zoning Appeals decision to the governing body be permissible or would such appeal be precluded by Section l5.1-497 of the Code? Please do not confine your response to these questions. Any observations you have regarding this proposal will be greatly appreciated. erelY~ T?~ & Community Development JTPH/jcw , . IATTACHMENT K\ Ipage 31 W f~ '~I1~~r\~ID1m~ v j', ,....... ~"'-'~ \_:i I ~- 1 1'1 , l\ ~,.~ .^~..,. '"J ! 4.:. -~':~, " IoJ.:::''W'.K . . I ~ "I '.'.. - ~ ~ COUNTY OF ALBEMARLE Office of County Attorney 416 Park Street Charlottesville. Virginia 22901 Telephone 296-7138 PU'.,I'l i'~, ;,~u D\ \.';::)iGN JAMES M, B WLlNG. IV DEPUTY COUN Y M'TOHNEY January 26, 1988 GEORGE R, ST,JOHN COUNTY ATTOHNEY Mr John T. P. Horne Di ector of Planning 40 McIntire Road Ch rlottesville, Virginia 22901-4596 Re: Special Permits - Mobile Homes (Our File #ACPZ 76-301) De r John: In response to your letter of January 22, 1988, concerning th idea of having the Board of Zoning Appeals issue special pe mits for mobile homes, your questions are answered as follows: 1. I do believe it is possible for the governing body to de egate issuance of special use permits for mobile homes, while res e r v i n g to its elf the rig h t t 0 i s sue allot her s pe cia 1 use pe mi ts. 2. I don I t think there are any legal problems with fr gmenting the special use permit process as envisioned above. 3. I do not believe you can appeal the action of the Board Zoning Appeals on any matter, to the Board of Supervis~rs. must follow the route prescribed in Code Section 15.1-497, go'ng directly to the Circuit Court. I am aware that we have h an intermediate appeal when the Planning Commission approves disapproves site plans and subdivision plats, but that is a ferent thing since the Commission is by statute the agent of governing body for this purpose. Under those circumstances is impliedly authorized for the governing body to review the ions of its own agent. However, the BZA has nothing to do h the County government but is, rather, a separate body ointed by the Circuit Court and not the agent of the governing y at all. .. . IATTACHMENT KI Ipage 4\ Mr. John T. P. Horne Page 2 January 26, 1988 I have some other thoughts on this concept: First, is the tion of whether the zoning staff or the planning staff should the staff report to the BZA. The BZA was not set up and fed for that purpose. And while this is not crucial, it may omething to consider. Second, under Code Section 15.1-496 the application must be sen to the Planning Commission which "may send a recommendation to the Board or appear as a party at the hearing". If this sho Id become customary, you are not saving any time for yourself or he Commission. Third, if this process should result in more appeals being n to the courts, because the Supervisors are bypassed, then whole process is going to be more time consuming than ever. Tha is because the preparation for, and tr ial of, a case in court is the most time consuming of any kind of proceeding. How ver, you will not know if the number of court cases would increase, until the process is put into effect. I believe it cou d be put into effect, and if it does not work, then the Board of Supervisors can take back the responsibility to the Planning Corn ission and itself. Sincerely yours, v~-- George R. St. John County Attorney GRS J/tlh " .. IATTACHMENT LI ;:~':~' ~";' ,...~. ~~~i .,;. ~ ;" . I ~ ',' ,"l"f....., ',' . !'. -\ :~~,j-'" :.,.. f.t'......' I' , ~.~ .\.....' :,t :~:r~,~ .' ~ .~ ~9 .7 0(;1 .. ~ .' ~) "''!'','. ~~..I.JI -:1 \: .:.. .; COUNTY OF ALBEMARLE Office of County Attorney 416 Park Street Charlottesville, Virginia 22901 Telephone 296-7138 iF"JLi\I,.jNii";,G DiV.iSION JAMES M. BOW lNG, IV DEPUTY COUNlY A O{lNEY October 20, 1988 GEORGE R. ST.JOHN COUNTY ATIORNEY Mr. Dire Carom Coun 401 Char ohn T. P. Horne tor of Planning and nity Development y Office Building clntire Road ottesvi11e, Virginia 22901-4596 Re: Special Use Permits with condition "Non-Transferablell (Our File #ACPZ 88-66) Dear John: We have noticed that the Planning Commission and Board of isors have been conditioning SUP's as non-transferable with asing frequency, and expanding the categories of uses to they apply this condition. It is a basic rule of law that a SUP is not and cannot be nal to the applicant but is an attribute of the subject land uns with the land. Therefore, this condition is always , lega1ly~ and in some of the recent instances it is in my ent clearly void. The condition was first applied in Albemarle to mobile homes. That was stretching the rule; but because mobile home permits after all are usually granted based (in part at least) on the pplicant's individual need for housing, and the mixed feeli gs most people have on mobile homes, this seemed reasonable and became customary. This most the when ext the condition began being applied to Home Occupations. seemed reasonable because of the highly personal nature of of these occupations and the fact that there is little in ay of capital outlay to be lost if the permit terminates the holder moves away from the premises. Ao ow recently, the condition was applied to a country store or c aft shop near Ear1ysville, to several day care centers, and last eek to a nursing home. The rationale I have heard for this is th t the Commission wants a look at the qualifications of any . IATTACHMENT LI , I Page 2l . Mr. John T. P. Horne Page 2 October 20, 1988 future owner before renewing the permit, and wants to see how we~l the facility is comporting with the other conditions and the su~rounding neighborhood. This philosophy is totally different from the reasoning behind the non-transferability of mobile homes; and while the la~ter practice is a stretching of the law, the present expanded application of this condition is clearly unlawful, and un~nforceable both under the general rule and under the standards fo~ SUP's in our ordinance. I strongly advise that this condition be applied only in ca~es of mobile homes and those home occupations not involving anv permanent capital outlay to the premises, and any other rare situation where a use is of a uniquely personal nature to the applicant. Sincerely yours, ~~ A( JL--- George R. St. J:hn J County Attorney GRStJ/tlh n ....1 el/ )' -'''.( ... I ~I), f{Jt/~,1f,^ . COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 MEMORANDUM TO: Bob Brandenburger, Assistant County Executive of Planning anci~cOc/ FROM: v. Wayne Cilimberg, Director Community Development DATE: September 26, 1991 RE: ZTA-91-05 Mobile Homes The Albemarle County Planning Commission, at its meeting on September 24, 1991, indefinitely deferred the above-noted zoning text amendment. This was deferred in order to await the report of the Housing Committee. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. VWC/jcw ,OJ,!'' ,~ I. . "7 j i . J (1'/, ~ ,.J~ . f . (,~ ,t I _._ STAFF PERSON: PLANNING ~OMMISSION: BOARD OF SUPERVISORS: RONALD S. KEELER SEPTEMBER 3, 1991 OCTOBER 2, 1991 ZTA-91-05 Add occupancy restrictions to S 5.6 MOBILE HOMES ON INDIVIDUAL LOTS ORIGIN: Board of Supervisors PUBLIC PURPOSE TO BE SERVED: To ensure that mobile homes approved administratively are subject to conditions of approval as may be imposed by the Board of Supervisors. PROPOSED AMENDMENT: At its meeting of July 17, 1991 the Board of Supervisors adopted a resolution of intent to add to S 5.6.2 f. No rental to be made of the mobile home, the same to be occupied by the owner of the land on which it is located or by his lineal relative or bona fide agricultural employee. STAFF COMMENT: Historically, the County has looked favorably upon mobile home petitions where the property owner is in need of housing. At the same time, the County has not favored rental units, hunting lodges, vacation units and the like (See Attachment A). As a consequence, the Board since 1989 has been uniform in restricting occupancy of mobile homes (From 1981 to 1989, the Board imposed the "no rental" restriction in about half of the cases reviewed). 1 ~, . J-\ I I A\JHIVII::NfA - COUNTY OF ALBEMARLE MEMORANDUM T F Ronald S. Keeler, Chief of Planning William D. Fritz, Senior Planner August 27, 1991 Mobile Homes Since 1981 the Board of Supervisors has reviewed 82 mobile home requests. Of this number 13 were denied. Six of those approved were approved as temporary mobile homes. Those requests and brief summary of the reason for denial are listed below: 1. SP-81-39 - Denied due to public objection and the number of mobile homes in the area. 2. SP-8l-51 - Mobile home was proposed for weekend use. 3. SP-83-03 - Denied due to proximity to a sawmill. 4. SP-83-47 - Mobile home was proposed for storage use. 5. SP-84-50 - Mobile home would have been the 4th one on the property. 6. SP-85-23 - Mobile home was a proposed rental unit. 7. SP-85-24 - Mobile home was a proposed rental unit. 8. SP-85-70 - Mobile home was to be attached to an existing cabin. 9. SP-87-99 - Denied due to proximity to the state road and public objection. 10. SP-88-09 - Proposed to convert interim mobile home to permanent mobile home. 11. SP-89-92 - Mobile home was proposed for storage use. 12. SP-90-51 - Mobile home was a proposed rental unit. 13. SP-91-09 - Mobile home was proposed for weekend and vacation use. WDF/mem ,. t COUNTY OF ALBEMARLE Dept. of Planning & Community Developm 101 Mcintire Road Charlottesville. Virginia 22901-4596 (804) 296,5823 April 16, 1992 Willie Mae Perkins 607 Kelly Avenue Charlottesville, VA 22901 RE: SP-91-39 Willie Mae Hoover Dear Ms. Perkins: t;; ,/~ i 9.:2.-, S?,r./2Zf y2 3 .t P'~ 1. G; ~992 ; ; II The Albemarle County Board of Supervisors, at its meeting on April 15, 1992, deferred the above-noted request to its meeting on June 17, 1992. Please note that this request has been deferred due to the Board's desire to receive a report from the Housing Committee on affordable housing. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, \~~ Ronald S. Keeler Chief of Planning RSK/jcw ~c: Lettie E. Neher COUNTY OF ALBEMARLE Dept of Planning & Community Development 401 McIntire Road Charlottesville, Virginicl 22901-4596 (804) 2965823 January 13, 1992 willie Mae Perkins 607 Kelly Avenue Charlottesville, VA 22901 RE: SP-91-39 Willie Mae Hoover Dear Ms. Perkins: The Albemarle County Board of Supervisors, at its meeting on January 8, 1992, deferred at the request of staff, the above-noted request to amend SP-88-86 to permit rental of a single-wide mobile home on 5.0 acres. This request is scheduled for review by the Albemarle County Board of Supervisors at their meeting on April 15, 1992. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Of) ~~ v. ~~~:limberg Director of Planni Community Development VWC/jcw cc: Lettie E. Neher~ Amelia Patterson Jo Higgins " ,. 8' doJI/ , I.,,"'...,~v ,', ,......1-. ,.w ,,, ,.,.- ; '.,',', :,,"" r; Kl..LaJ..J. ~ eft;; COUNTY OF ALBEMARLE MEMORANDUM 0: Albemarle County Board of Supervisors William D. Fritz, Senior Planner W~ August 20, 1991 SP-9l-39 Willie Mae Hoover E: On December 21, 1988, the Board of Supervisors approved SP-88-86, a request for a single wide mobile home on 5.0 acres (Attachment A). Staff has included the original staff report for this mobile home as Attachment B. The applicant is now requesting relief of Conditions 6 and 8 which limits the use of the mobile home to family members only and states that the mobile home cannot be rented. As a justification for this request the applicant has stated: "Since there was a compliant on my special use permit, I had to go before the Board of Supervisors. The condition was placed that only a relative could occupy the mobile home. On the special use permits that are approved administratively, the condition is not placed. I have spent more than $15,000 on site work. If my daughter would vacate the home, it would be a hardship to have to vacate the property. I feel this condition is discriminatory. I feel this is discriminatory against me since the other special use permits that were approved administratively did not have this condition at the time of my approval." Staff has researched past Board actions on mobile homes and can offer the following comments. Since 1981, the County has accepted 390 mobile home requests of which 82 (2l%) have been acted on by the Board of Supervisors and 69 of those reviewed have been approved. Since 1989, all mobile homes approved by the Board (17) except for one (a double-wide Memo: Board of Supervisors August 20, 1991 Page 2 mobile home on a permanent foundation with a peaked roof) have had a condition restricting rental of the mobile home. Prior to 1989, the Board restricted the rental of the mobile homes in 16 cases and approved 30 with no conditions limiting rental. The Board also approved six (6) mobile homes on a temporary basis and acted to deny 13 mobile home requests. Double-wide mobile homes are no longer subject to special use permit due to changes in the state code. WDF/mem ATTACHMENTS IATTACHMENT A, Page 11 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mclntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 ecember 28, 1988 illie Mae Hoover nspections Department 01 McIntire Road . harlottesville, VA 22901 SP-88-86 Willie Mae Hoover Tax Map 102, Parcel lE Mrs. Hoover: he Albemarle County Board of Supervisors, at its meeting on ecember 21, 1988, unanimously approved the above-noted request o locate a single wide mobile home on five acres, accessed off f private easement, zoned RA, Rural Areas. Property, located on he west side of Rt. 20, approximately 2.7 miles south of 'ntersection with Rt. 742. scottsville Magisterial District. lease note that this approval is subject to the following onditions: Albemarle County Building Official approval; Conformance to all area, bulk and other applicable requirements for district in which it is located; Skirting around mobile home from ground level to base of the mobile home to be completed within thirty days of the issuance of a certificate of occupancy; IATTACHMENT A, Page 21 illie Mae Hoover age 2 ecember 28, 1988 provision of potable water supply and sewerage facilities to the reasonable satisfaction of the Zoning Administrator and approval of the Virginia Department of Health, if applicable under current regulations; , Maintenance of existing vegetation. Landscaping and/or screening to be provided to the reasonable satisfaction of the Zoning Administrator. Required screening shall be maintained in good condition and replaced if it should die; Mobile home permit is issued for use by the applicant or applicant's immediate family only; Mobile home to be located as shown on the plat recorded in Deed Book 560, page 635; Mobile home shall not be rented. lease note that according to Section 35.0 of the Zoning rdinance, the applicant is responsible for paying any expenses 'ncurred by the County during the processing of the application. herefore, you are required to reimburse the County for $34.00. ake your check payable to the County of Albemarle and submit ayment to the Zoning Department. The attached invoices shows a ist of expenses. f you should have any questions or comments regarding the above oted action, please do not hesitate to contact me. --r4~ hn T. P. Horne irector of Planning & Community Development Maurice J. Thomas, Jr Kathy Dodson IATTACHMENT 8, Page 1\ STAFF REPORT PLANNING COMMISSION BOARD OF SUPERVISORS William D. Fritz November 29, 1988 December 21, 1988 SP-88-86 - MAURICE J. THOMAS, JR. Petition - Willie Mae Hoover (new owner of parcel) petitions the Board of Supervisors in accordance with Section 5.6 of the Zoning Ordinance for the issuance of a special use permit for a permanent single wide mobile home on 5.0 acres. Location - Property described as Tax Map 102, Parcel 1E is located on a private road on the west side of Route 20 approximately 2.7 miles south of Route 742. Zoned RA, Rural Area. Scottsville Magisterial District. Character of Area This property is located on a private road approximately 2/10 miles west of Route 20. Properties along the private road are primarily residential. The property itself is primarily cleared with existing young growth to the west and south of the parcel. A small stand of existing evergreens in the front of the property provides some screening from the private road. One mobile home is currently located within a one mile radius. Staff Comment One letter of objection has been received regarding this petition. The letter states opposition to the permit because "granting of it would be contrary to the purpose and intent of the Zoning Ordinance and detrimental to public health and welfare." rrwo dwellings, including that of the objecting landowner are visible from this site. The applicant has stated that the mobile home is to be the residence of her daughter. The mobile home is to be located as shown on the attached plat from Deed Book 560 Page '35. Should the Planning Commission and Board of Supervisors choose to approve this petition, staff recommends the following conditions: Recommended Conditions of Approval 1). Albemarle County building official approval; 2). Conformance to all area, bulk and other applicable requirements for district in which it is located. 1 IATTACHMENT B, Page 21 3). Skirting around mobile home from ground level to base of the mobile home to be completed within thirty (30) days of the issuance of a certificate of occupancy; 4). Provision of potable water supply and sewerage facilities to the reasonable satisfaction of the zoning administrator and approval of the Virginia Department of Health, if applicable under current regulations; 5). Maintenance of existing vegetation, landscaping and/or screening to be provided to the reasonable satisfaction of the zoning administrator. Required screening shall be maintained in good condition and replaced if it should die. 6). Mobile home permit is issued for use by the applicant or applicants family only. 2 . '.: ..... .' . 10.', -"~ .......~;) ", .. BOOK 560 r'\~l635 "- '. .... ~30' FOR f:r, S J9 J-' ..J~/Jt STINe, RI", '0,1 ~t':--lo.5.~.{!l [-.....:..:. SfE PL.1 rs I" 0 ---.{ --..:. --- f rO R..... .8 ........... --.:: -;-.!:3!...rt 2 - ..,.:.~ 8 ---... ..... . . ~9 ....!!Jtj __.., __ ---.: llltt: ~8'~1 ~. -. r'lOl4 rlo ---- .-.:!; I!OJD 1I:c -"a... \ ;'\ '. -. .... ;,.",... , , , , \ i \ ~ 5,OO'Ac. 1<71 <0, ~"to r:: .J' -\ \, ~ ", ~ vJ 0\ 00\.. ~> xl ....' :,1, ^S -t- ~'.~ .en, .c..> .....ic-a I:;; , \ ",i .ro, .....: 8\ \ \ \ i \ , \ 1"011 se '\' ,,"- v" 'I."~ 108.88 N 59 07 12 W 365.26 256.~ T~4 ~~p J. P~~CEL 102 IATTACHMENT 8, Page 31 " , .' ~.. ,- ,..:..,.I(.).,:;~.."" ,;,."..: <"'!j~':)Io-t.~....'i"'~"'.,_, ._," _........ _ . ~_...._r_. . . 7.........- .:_' " ;,,~ -..2~;::~.!S~1_~!};;;;~~~:<~~ .... ....,'....~..:.'...~\~ ' :. '~' '. :.' :..,~~':~ .: ~..tt;.:.'r..~.;..,~;." ~\~ ~.~.-. '" -..':...... "(tn' r02 -, J i: . 5117 P, 160. o. s. ~79 P, ~7, 0.8 ~ , . ..',.~fjO_~. _~~5 TO for. t c. 20 . \ ,\ U' ~.... . c:,) [As: $'0 / ,/ /, ,/ '" / , // ,,{~ 'fn~. . ,..:"~~'~~.}yf~.;::.~:.;,;.L:-...;.~.{.::.:.:f.,,. - ------.- . , - IATTACHMENT B, Page 4\ LAW OFFICES OF FRED G. WOOD, JR. SUITE B 100 COURT SQUARE ANNEX P.O. Box 97 CHARLOlTESVILLE, VIRGINIA 22902 (804) 977-3143 . ADMITIED IN VIR INIA AND WEST VIROINIA October 28, 1988 Ch rles W. Burgess, Jr. Zo ing Administrator Al emarle County Department of Zoning 401 McIntire Road Ch rlottesville, VA 22901 RE: Gary W. Sarkozi-Zoning Opposition Mr. Burgess: m responding on behalf ter of 14 October 1988 mit for a mobile home. losed. of my client Gary W. Sarkozi to your regarding a request for a Special Use A photocopy of your letter is client herewith states his opposition to the request because granting of it would be contrary to the purpose and intent of Zoning Ordinance and detrimental to public health and fare. regards, I remain Very truly yours, I- '~ Fred G. Wood, Jr. FG /db . , ~ . .:, '~. '" .,'1.' \'~ :...; losure r,In\! R .,- ;; ".:; L> r ~ ~:) i"I.J SA " ' " .'/ \:7 0-\ . IATTACHMENT B, Page 51 \ 60 ~~~" / -v I! ! _0 Pr.pose./ m",h;/.. If",,..<- ) / 10 ,I - * firis;','n!jt rntt:16dt!. J I l lOG I7Dn'lt:...!: \.. ' 'f ) /~" II Db ' / . \, ....- Jecft'n<J'- lafldCJtJ , 10E. 10~ 1Je. rs \ \ \\";(\ / ' -'" .."" "" "" " , '--.1 . -......... ""-........ ""--.\ '"1 ~--j l ~/ / / ./~. :~. \ " " 36 )y-/" "'" --./. \ '" 20 ,'- . \ . /\),---1 \. "\ "- " '--4 \ ~""'--...." )-.__" 18'\. -............ . -- - \. 16 '~I --.. -.......! . -=:::::::- X'" ": ' .",-, '\ '_ / ITA \ \. '\ --.. J" /' ". " ,/ ) "'-. "" .,./ \ I . ) <on, Edward H, Bai , Jr. Samuel Mille David P Bow rman Charlottesvill F, R (Rick) B wie Rivanna COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 979-1281 August 19, 1991 Charlotte Y Humphns Jack Jouett Walter F Perkms White Hall Peter T, Way Scotlsville TO THE PROPERTY OWNERS ADDRESSED: The Albemarle County Board of Supervisors will conduct a pu lic hearing on September 4, 1991, at 7:00 p.m. in Meeting Room #7 County Office Building, 401 McIntire Road, Charlottesville, Vi ginia, on the following request: SP-91-39. Willie Mae Hoover. To amend SP-88-86 in order to permit rental of a single-wide mobile home on 5.0 acres, zoned RA. Property located on private road on the west side of Route 20, approx. 2.7 miles south of Route 742. Tax map 102, Parcel 1E. Scottsville District. Since you are an adjoining property owner, you are invited to end the Board meeting and express your views. If additional ormation is needed, please contact the Clerk of the Board of ervisors, Fourth Floor, County Office Building, between the rs or 8:00 a.m. and 5:00 p.m., Monday through Friday. S~'.~ ~ E. Nener, Clerk, CMC LE :ec cc: Willie Mae Hoover Maynard A., Jr. and Evelyn Mae Wood Ola Louise McDaniel Gary W. and Leigh D. Sarkozi Richard S. and Ann M. Hunter Anne B. Palmer v. Wayne Cilimberg (.~'lJTH[RN Horel. 0REfNSBURO rJ4',0'); ~ OW':' "1 ArrnOVII~ THE ueDIVISION OF THE LAND DESCRIBED HEREIN IS WI II THE FREE CONSENT AND,., ACCORDANCE WITH THE DESIRE OF THE UNDERSIGPlEll OWNER, · PROP 'HOIlS, AI<<lTRU5TEES. ANY REFERENCE TO FUT E POTENTIAL DEVELOPMENT IS TO BE DE AS THEORETICAL ONLY. ALL STATEMENTS AFFIX TO THS PLA T ARE TRUE AND CORRECT TO THE EST Of' ItIY KNOWLEDGE. '/" 5~", APPROVED FOR RECORDATION ~~~~ Director of Planning IooIl ~ IP-B),/ Dote ~ ~ OW ER: WILLIE MAE HOOVER 401 MC INTIRE RD. CHARLOTTESVILLE, VA 22901 LE AL REF: T.M.102 PARCELIE 0, B, 1022 P. 126 o 8 560 P. 635 PLAT ZO ING: R A NO E: THIS IS A FAMILY DIVISION IN ACCORDANCE WITH SEC. IS-56 OF THE AL8EMARLE COUNTY SUB- DIVISION ORDINANCE, SUCH PARCELS SHALL NOT 8E TRANSFERED FOR A PERIOD OF ONE YEAR FROM THE DATE OF RECORDATION EXCEPT IN ACCORD- ANCE WITH THIS SECTION OF THE SUBDIVISION ORDINANCE, 2.50 ACRE RESIDUE AND PARCEL H EACH CONTAIN MORE THAN 30,000 CONTIGUOUS SF WITH SLOPES LESS THAN 25%, TM 102- IJ 0, e 640 PI 93 plot Richard Hunter ~~ ~. -....:. .......,JrIS-,. ".......~-~J'OI ,/ \~~, 19~...~./fy ,/ se.1 '<?Qs$'o).".......1o/ let?, I 'f. 5<? .......'\. 6 s .3;>50 ~ ... '" -........... ........~s,<lsl~c/;:s '~I ) ............. .........e~....... $ ........ ....... S "15"""0- - -. lift'....... li '"0 t -""<Q..8, .36"~ ~s,. o . . ~2 -...:.. If,. ., rri"" .' '- --. ... -.....;~o-.... l() I/') .......... _~~.. ........ \D If) 2 50 AC RESiDuE I~ ~ ~ . PARCEL , E TAX MAP 102 .s'~ S 45055" \') \""'- 30' ACCESS ESMT r) 'lI~\..\.. 150;)-/15 ~'-Tp SERVE PARCEL H /,.,1 \"'\ .~ ,~,' ,t ...,\ ~~ <?- '" t,. ':~' (. '~ca,\'~ \1:. "- \' .., ~ , ~l'l se.1 \-z. \ \""\ \1'- 8 0 0 [.>.:, ~ I . 559007';'2"/: {' 37.2,29' .w (...... wet weather stream ~ ", -.................. " ~--.......... in k ~ <t C\J C\J If) C\J THE PRIVATE ACCESS ESMT. TO SERVE PARCEL H SHALL PROVIDE REASONA BLE ACCESS BY MOTOR VEHICLE AS REQUIRED BY SEC. 18- 36 CF TH E AL8EMARLE COU NTY SUBDIVISION ORDINANCE. T. M. 102- IF D. B.564P248plo IRON s~.,. Gary or Lei Surkozi .0 o i-"" . <t <t r...: C\J en z C\J l ( -!- PARCEL H 2.50 ACRES <t <t o 10 C\J ; ~ C\J Vl O~ se. 1 \1'- 256.4/' N59007'/2"W SUBDIVISIO N PLAT PARCEL H 2,50 ACRE PORTION OF PARCEL IE TAX MAP 102 LOCATED OFF STA TF ROUTE ? () TM.I02_~ o c; ,8,574 P.380 o 8 IO? ., .,._ '- , Co fiplOl Anne e p , a/mer 1<1 ~J <S:~ /08S8' 365,29' \I'-O~ -.._- ",,:tdlin~."':~~"~ ',..,,:,:.,..... h\,)",L ( !: () ~>t. .!;;<"-,r. , r~;>, " ? , //;' & '7 ,.-,.., ~ - j' . _f-:, tt-- :/,- I L- j d /, ,k,7,v':.1, q ~/2 ,/ 7(_'0/'/ .L~' 7 r. .. COUNTY OF ALBEMARLE \ Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22901-4596 i (804) 2965823 April 16, 1992 Gifford & Rachel Crawford P. o. Box 256 Earlysville, VA 22936 RE: SP-91-41 Gifford & Rachel Crawford Dear Mr. & Mrs. Crawford: The Albemarle County Board of Supervisors, at its meeting on April 15, 1992, deferred the above-noted request to its meeting on June 17, 1992. Please note that this request has been deferred due to the Board's desire to receive a report from the Housing Committee on affordable housing. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Ronald S. Keeler Chief of Planning RSK/jc7 cc: -J(ettie E. Neher r ~ (.. COUNTY OF ALBEMARLE Dept. of Planning & CommunIty Development 401 McIntire Road Charlottesville. Virginia 22901-4596 (S04) 296,5823 January 13, 1992 Gifford & Rachel Crawford P. o. Box 256 Earlysville, VA 22936 RE: SP-91-41 Gifford & Rachel Crawford Dear Mr. & Mrs. Crawford: The Albemarle County Board of Supervisors, at its meeting on January 8, 1992, deferred at the request of staff, the above-noted request to amend SP-91-15 to permit rental of a single-wide mobile home on 2.0 acres. This request is scheduled for +eview by the Albemarle County Board of Supervisors at their meeting on April 15, 1992. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, ~~erg Director of Planning & VWC/jcw Lettie E. Neher'/ Amelia Patterson Jo Higgins cc: IATTACHMENT A, Page 11 , ' COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 July 15, 1991 Gifford & Rachel S. Crawford P. o. Box 256 Earlysville, VA 22936 RE: SP-91-iSGifford & Rachel Crawford Tax Map 18, Parcel 8J Dear Mr. & Mrs. Crawford: The Albemarle County Board of Supervisors, at its meeting on July 3, 1991, approved the above-noted request for a single wide mobile home on 2.0 acres zoned RA, Rural Areas. Property located on the north side of Rt. 776 approximately 3/10 mile west of Rts 664/776. Please note that this approval is subject to the following conditions: 1) Albemarle County Building Official approval; 2) Conformance to all area, bulk and other applicable requirements for district in which it is located; 3) Skirting around mobile home from ground level to base of the mobile home to be completed within thirty (30) days of the issuance of a certificate of occupancy; 4) provision of potable water supply and sewerage facilities to the satisfaction of the Zoning Administrator and approval by the local office of the Virginia Department of Health, if applicable under current regulations; 5) Landscaping and/or screening to be provided to the 'satisfaction of the Zoning Administrator. Required screening shall be maintained in good condition and replaced if it should die; ,10 Gl Cl, ~-' af ~ . z w :a: :t: () ~ I- <t ,;..-- \ c' ,. " -~---..... ~ '" ... s ~ ~ ~ :::l c ... --'" ( - g ... " r ;.; ... < "'::t: ~~~ ....000 > r:lS~ 0< ::t: " "'0< " ~g~ .. ::> .... ~~~ u::t: ~<Il~ o.<IlH Z... "'O<ll ::t:HH "'<IlK I z'" I ~!ij", ....= '" ~ H ~I ~ E-l ~ r:t:i E-i[ Si5~~ I . .. ~ ... ... CIS c:l ~ ... ... ., <Q "l 8 .. .. ~ .. " : \~ -= ~~ kDr Qoq; ~ -\)0 ....""l . -;:r- 8 ~ti '*__ ~ ::~ -- ~ " II-S \ ...\ \J / ~ I --!~ I / / 00) .... Co :- .. ~.. ~:.,:, - . ~ .. --- " " :: '" "'" ....\5 ~~ ~ B t\j -; ~ . .. ~l ...t] ~~ .,Jt:l ,\; " '" .. ," " ? : ::: " ~ .. \ <:> ~ I': .. ~ -0 o \0 v, .~) ct)~ ~~,?t <::::: C) c . ....11) ." ~ 8 ~" ! ~ ~;; . ------- ..----:--- " " . .. '" ... 0; u ... .. .... c " " -' c " .." 'f~ . ~~ 0;, ~~~ ~-.., ~'" ' ..."ll t,,/li ~~c:i Ill" "'~ ~'" '>ci ';\ ~\ ~ '" '" ~ t ~, y.",~ \J~\ ~ , ';.. ~I ~., ~ . ~ " ~ ~ i ~ .. 10 , ~ a ~ ~ ~ i : 'Il ~ Q ~ ~ " ~ ~ ~ " R ... " .... n ~ ~, h >. ~ '~ ~ .... If ~ " '" .... i.., -If' \0 ~ ~~. \ ..: " , ,~ h. .' ) J ~~:~\ '" " \ ~ " ;l~,.\'I'; ~\1 8~ "c -_:~~~ ~'o ;'! I """".c- J "'~ ;. j ~ ~~ O)-~ Cl~~ <:~::::: ""'.A (l)::o:>; ~~G- l...1O ~ <::l1C)'~G I-.....~'::J "'" ct -.J~<::)~ Q..c>~~ .;j""'... ~~~ ).~"':J. -sf\..::;:: ""1..:::- !EQ: ~I..: Cl.:II) ~ ~ or ~ t ~Y- ~ .:. ~ .;, ..:; .... a ~ " '~ ~ " - ,;; " -' ::l ~ '" , 00) " 00) - ~ , ~~ " ....' ~ ~~ "" ,,~ ...:~ '~i'~~ . ~~'W'l ;;-:;:;-. ~~~~ . "'-...... :::::~~ \llo- ft~ ,...lIl:;.... .... G G .... .... " ... ~-'Cl.ti~ ....!~~ ~1il:t.,'Cl " :'..;~o\ .............. ~~~~ .'0'0 0; :::~~~ ;;C'A.. :::. ......PI... -,,~ U ........ 'IIIl....lIi::... "'lo"lII::... ..\..~... G <'0 f; ~ ~ ~ """ ~... ::it - ." ". " ~~ ~ "~ ~ ~~~ ". " '. ... ~~;a ".." o~~ It\ ~...~ -.l ~~~ "t 1.1)...... ~ Cl::",::" C ~~~ ct ~~ ~ Q.. Q.. "'" ~~ ~ :< ..... c -, ~.... 0; .... '" ~~ " ~ ....~ ", '~ ," >:~ c ,,~ " ~~ '" ;:'h '" ~~ :t ........ '" 'l:~ .. ...~ 0: "e ~~ '- .... ".... '" ct" ::, :::." " ",.. u . ... . IATTACHMENT 8, Page 71 4 ~ " \ ~ttUL-t \DR.-l . , -~ t \J.:SL-b; ~ ~ ~ \..~ e..\t\-OY lL r WL (:,bj~Lt -+D f~ G- I'f\- Cl ~ t l Q...- \u~ '(f\.. L ctXj OJ ~ \,L5- ~ \{~y YfLwJL s-t:1 . W <L- --\-~\ ~ i 1i- w t II 'r \L\'iL --\-~ \J O-...lU.5~- D ~- D_ui::. lCL~ . ~ ~6\L~ ..~ ._-rt'lWlA-~,\.1..o.-~~ ~ f{l(L'I'~ l(~"',t"~.\~\t \"J'" ',"',;'.',im," "~,",; N I ~y\ \ t:,~, ~' . ~ \ ~~ \ d~ \ ~4 \ J ~ ~ \'-',I&'}I~~ \~~~ i.lor~ ,~:r~J1\ ~W Y'1\.~ \\ .'C.:~, ~ ~. '.,.." ' Are -80 ,mg1 ,(.5' '""\ \ ..,','" 9I~ ' -;. ';r. 1'\)\ \ \~ ~\, 'a, i=.l'..:t.a..t'....,_..... -.. .",,"' "frJ t-.l-t:;;I'-"... .......:..'/';. 'n:-o ,~, _.~.:,. ~t>i\N"U \VT] ,..,' ,.., .. lU\.,h ,... I ~, '0(\ ~ ;?i.. li\. I ~ .-t . ,. Edward H, Ba n, Jr. Samuel Mill r COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 979-1281 August 19, 1991 Charlotte Y Humphr!s Jack Jouett David P Bow rman Charlottesvill Walter F, Perkins White Hall F, R, (Rick) B wie Rivanna Peter T, Way Scottsvil1e TO THE PROPERTY OWNERS ADDRESSED: The Albemarle County Board of Supervisors will conduct a pu lic hearing on September 4, 1991, at 7:00 p.m. in Meeting Room #7, County Office Building, 401 McIntire Road, Charlottesville, vi ginia, on the following request: SP-91-4. Gifford & Rachel Crawford. To amend SP-91-15 in order to permit rental of a single-wide mobile home on 2.0 acres, zoned RA. Property located on north side of Route 776, approx. three-tenths mile west of Route 664. Tax map 18, Parcel 8J. White Hall District. Since you are an adjoining property owner, you are invited to end the Board meeting and express your views. If additional ormation is needed, please contact the Clerk of the Board of ervisors, Fourth Floor, County Office Building, between the rs or 8:00 a.m. and 5:00 p.m., Monday through Friday. s~~ ~ E. Neh r, Clerk, CMC :ec Gifford and Rachel S. Crawford George W. Shumaker Gordon W. and Pamela S. Sullivan v. Wayne Cilimberg ..... ., . ~;:;J~_::,(lJ.~:~::'t,,_,U..L:Ltq),~,(),.....?~:..__,r:.i;:.'(;;;..LI..~~1.,J........C.i::'..<:'\ ~\I f 0 'I" d ..... F to':. tit i 0 I", tOE;. In c": '('I cI SP-91-15 in order to permit rental of a single wide mobile home on 2.0 acres zoned RA, Rural Areas. Property, described as Tax Map 18, Parcel BJ is located on the north side of Rt. 776 approximately 3/10 miles west of Rt. 664 in the White Hall Magisterial District. This site IS not located within a designated growth area CRA 1). ~;:H::,~:'(,7.'J,.:::::}~l,___blj:..JJ..,Lq__JJ!.::~~':...J::I,i;;:E~,::(f1.,i:::, ,.... F'to' t: it: i 0,', t: 0 i::' rn ':::1 'I", c:l ~3 P ,.... b D ,..., D 6 i ',", Dreier to permit rental of a single wide mobile home on 5.0 acres zoned RA, Rural Areas. Property, described as Tax Map 102, Parcel IE is located on a private road on the west side of Rt. 20 approximately 2.7 miles south of Rt. 742 in the Scottsville Magisterial District. This site is not located within a designated growth area .. l' " ej('f"'\l'!~ "j I .... ,/ . ~.' !f"H\!w re; ~"J'P" !', /_- //7 _ c;, ') ... '. ....IUI!.i U7 /~ /u.<..._ '-..........,~"~_..,~ ,Y.2 ~~~/ ?Y<J"'-> COUNTY OF ALBEMARLE Dept. of Planning & Community Develnpment 401 Mclntiw Road C harlottl'sville. Virginia 22901AS96 (H04) 2%5.>-\23 '~ -';'.) May 21, 1992 Keswick Acquisition Corporation ATTN: Pete Bradshaw P. o. Box 68 Keswick, VA 22947 RE: SP-92-21 Keswick Acquisition Corporation Tax Map 80, Parcels 8, 8Z, 9, 60A, 61, 62, 70 Tax Map 94, Parcel 42A Dear Mr. Bradshaw: The Albemarle County Planning Commission, at its meeting on May 19, 1992, unanimously recommended approval of the above-noted request to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. Department of Engineering approval of a private road design for Club Drive from Route 731 to Route 616. (Amendment to Condition #5 of SP-85-53.) 2. Staff and County Attorney approval of private road maintenance agreement for Club Drive. 3. Security gates shall be located in the locations shown on Attachment C. The gates shall be installed prior to County acceptance of the private road (Club Drive). The security gates shall be continuously controlled at all times. 4. In accordance with Condition #2 of SP-86-02, the bonding and/or construction of the connector road is required prior to issuance of a Certificate of Occupancy for the inn. As per the approval of this petition, the bonding of the entire length of Club Drive, between Rt. 731 and Rt. 616, shall be for a period of two years from the Board of Supervisors approval date with the option to renew the bond administratively for a period not to exceed one year. Keswick Acquisition Corporation Page 2 May 21, 1992 Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on June 17. 1992. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, /< J[]",L , -~ ----.., Richard E. Tarbell Senior Planner RET/jcw cc: Lettie E. Neher Amelia Patterson Jo Higgins Angela Tucker .. t, , I, STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: RICHARD E. TARBELL MAY 19, 1992 JUNE 17, 1992 (SP-92-2l) - KESWICK ACQUISITION CORPORATION Petition: Keswick Acquisition Corporation petitions the Board of Supervisors to amend a previous special use permit (SP-85-53) in order to allow the connector between road (Club Drive) between Rt. 731 and Rt, 616 to be a private road rather than a public road. This road has been proposed to serve the Keswick Country Club and Inn, existing parcels and proposed lots reviewed in SP-85-53, Property, described as Tax Map 80, Parcels 8, 82, 9, 60A, 61, 62, and 70 and Tax Map 94, Parcel 42A, is located on the east side of Rt, 731 at its intersection with Rt. 744 in the Rivanna Magisterial District. This site is not located within a designated growth area, Character of the Area: Club Drive currently exists as a private road constructed from Route 731 to Wood Lane in the Keswick development (Reference Point A to Point B shown on Attachment C). The Keswick Country Club facilities and Ashley Inn are currently under construction at the eastern end of the property. The sewage treatment plant and the golf maintenance facility are under construction on the west side of Carroll Creek, just north of 1-64. The golf course is nearly complete. There are 49 parcels which utilize the private road system within the development, 30 of which are owned by the Keswick Acquisition Corporation. One single-family residence is under construction by the Keswick Acquisition Corporation, APPLICANT'S PROPOSAL: The applicant is proposing to amend previous special use permit conditions of approval to allow Club Drive to be a private rather than public road. SUMMARY AND RECOMMENDATIONS: Staff supports the request for private roads based on the applicant's demonstration of alleviating the danger of significant degradation of the environment in accordance with Section 18,36(b) of the Subdivision Ordinance. In accordance with Section 18-36(d)(4), the Planning Commission must make a positive finding that there is a public purpose served by the connection of the proposed private road to two state roads, Staff opinion is this connection does provide public benefit by allowing convenient access to the development and reducing traffic on the intolerable roads that would otherwise be utilized for access, Therefore, staff recommends approval of SP-92-21, 1 .. PlANNING AND ZONING HISTORY: The history of this property is extensive. The following is a summary of the reviews most applicable to this request. · SP-85-53 Tom J, Curtis - Special use permit to allow the subdivision of 37 single-family residential lots on 284 acres located south and east of the golf course, Condition #5 stated, "Virginia Department of Highways and Transportation approval and acceptance of proposed public roads with specific requirement that Club Drive from Route 731 to Route 616 be built to State standards and accepted by the Virginia Department of Highways and Transportation." The lots were never platted, however, the special use permit is still valid, Road plans have been approved for the entire length of Club Drive as a public road. The action letter is included as Attachment D, · SP-85-54 Tom J. Curtis - Special use permit to allow six guest rooms in two existing cottages and 36 guest suites in the proposed inn. Condition #4 required: "Bonding and/or construction of the connector road from Route 731 to Route 616 and the central well system shall be required prior to issuance of building permit for the new guest rooms/suites; provided that the six (6) existing suites in the clubhouse may be renovated without compliance with this condition." · SP-86-02 Keswick Country Club Land Trust - Request to amend conditions #1 and #4 of SP-85-54, This approval requires the bonding and/or construction of the connector road prior to issuance of a certificate of occupancy for the inn rather than prior to the issuance of a building permit. COMPREHENSIVE PLAN: This site is not located in a designated growth area. This site is located in Rural Area II. STAFF COMMENT: The analysis of this request will be presented in three sections: I, Private Road vs, Public Road II, Connection between Route 731 and Route 616 III, Private Road Maintenance 2 ~ I, Private Road vs Public Road The main purpose of this request is to amend Condition #5 of SP-85-53 to allow utilization of a private road design for Club Drive. The applicant has submitted a private road request in accordance with Section 18-36(b) of the Subdivision Ordinance (see Attachment E), The request cites the following reasons (summarized by staff) as justification for a private road, · Enhancement of the Physical Environment - Reduction in the amount of tree removal and reduction in the grading requirements, · Security - There is a public purpose to be served by the location of security gates at both ends of the residential development (see Attachment C). · Safety - Low speeds and restrictions on access will contribute significantly to enhance the safety of residents and the guest of the inn and golf course. In addition, the applicant has prepared a technical comparison between the approved public road alignment and the proposed private road alignment (see Attachment F), This analysis indicates the public road construction would occasion 67% increase in cut and a 55% increase in fill compared to the private road proposed, The Engineering Department has reviewed the applicant's justification and stated their support of the private road request (see Attachment G), II. Connection between Route 731 and Route 616 Section l8-36(b)(4) of the Subdivision Ordinance states: "Except where required by the commission to serve a specific public purpose, such private road sh~ll not be designed to serve through traffic nor to intersect the state highway system in more than one location;" These private road prOV1S1ons require the Planning Commission to make a positive finding that there is a public benefit to be served by permitting the private road (i,e,-Club Drive) to intersect two public roads (Route 731 to Route 616), Access to the property is currently from Route 731 and 744, both of which are non-tolerable roads, Staff opinion is that establishment of the connector road would reduce traffic to Routes 731 and 744 by providing a second access point for the entire development convenient to 1-64, (It should be noted that residents, inn guests, and golf club members will be provided access through the security gates,) Condition #4 of SP-85-54 requires the bonding and/or construction of the entire length of the connector road from Route 731 and Route 616. The subsequent approval of SP-86-02 simply allowed the bonding to be done with the issuance of Certificate of Occupancy rather than with the issuance of the building permit, Without the connector road, any guest 3 or member of the facility travelling on Interstate 64 from the east would be forced to travel north on Route 616 past the Keswick property to Route 22 and then south on Route 731, an intolerable road. In addition, emergency vehicles would not be provided the most convenient access to the development without the connection, For these reasons, staff opinion is a public purpose is served by the connection of the private road Routes 731 and Route 616. III, Private Road Maintenance In the past, staff has expressed concern about mixing residential and commercial uses on private roads due to potential inequities in maintenance costs and responsibilities, This proposal could involve three parties in the maintenance agreement: 1.) the existing individual lot owners; 2.) the Keswick Acquisition Corporation as lot owners; and, 3,) the Keswick Acquisition Corporation for the traffic generated by the inn and golf facilities. Staff has not received a proposed maintenance agreement for review, however, the applicant has provided a petition from 12 of the 14 existing lot owners in the development stating their support of Club Drive as a private road (Attachment H), The petition also states, "This petition in no way obligates the undersigned to any homeowners association road maintenance agreement". Staff has received no objection regarding road maintenance responsibilities resulting from this proposal. Staff opinion is this concern may be addressed with a condition requiring staff and County Attorney approval of road maintenance agreements, however, the details of those agreements will not be available before the Board of Supervisors action on this request. It should be noted Keswick Acquisition Corporation could be responsible for the entire maintenance costs for Club Drive as they are the party requesting the change from public to private road, Subsequently, the 14 existing lot owners may choose to enter the maintenance agreement for Club Drive for enforcement purposes only. Summary and Recommendation: Staff opinion is the applicant's request for private roads is acceptable with the justification provided based on the amount of environmental degradation a public road would occasion compared to a private road design. The applicant has. agreed to build or bond the entire length of Club Drive with the issuance of a certificate of occupancy for the inn and golf facilities consistent with the approval of SP-86-02, Therefore, staff recommends approval of the SP-92-21 Keswick Acquisition Corporation petition subject to the following conditions of approval: 1, Department of Engineering approval of a private road design for Club Drive from Route 731 to Route 616. (Amendment to Condition #5 of SP-85-53,) 2, Staff and County Attorney approval of private road maintenance agreement for Club Drive, 4 t. 3. Security gates shall be located in the locations shown on Attachment C. The gates shall be installed prior to County acceptance of the private road (Club Drive). ATTACHMENTS: A - Tax Map B Location Map C Schematic Road Plan D SP-85-53 Action Letter E Private Road Request F Private vs Public Road Grading Analysis G Engineering Department Comments H Peti tion I Virginia Department of Transportation Comments 5 79 81 .. 11 \ \\ I /\ / ~ \ ~,/SlE . '" ....IIN . '". / ><' \ '" SA SP-92-2l Keswick Aquisition Corp. 12C " -"/,':--- .---, '} "",,-,-'" ~~C' ~q..tt" Ou OV' ...",. ~ r ... --/ roo ~ SP-92-2l Acquisition Corp. Keswick - " o " TO ZIO~OSSFt()...os "Q:- 01 <{- "/ c,?' ~ , ~ \ \ -...\ ~'"'.:, ...., ~ ~ o c. " ", /'~ ~" , ..'~, .,;:~ ,\. \." . ~ \\~:I f '~'~\.~. , ~ J~,::-,,~:-. ,~~~, i ; (~,\,:-':. <, ,I ,. " \' '~'<\\ I " ',,- '- "--. "- \\.. 101 I- -~ .td UJ 1~ 0.-. :r: o <1: ~: <t ; \ ,..., [) UJ (1) o a.. o a: a.. Cl z <( (9" Z l- ,(1) X UJ ......, i'j' I;' I:' ,I' I" II' . t ~j ~l!,in Ib -1\IIJtj ~; H~tliilh f{ "}\}JS~{ , IlL, 9 - , t I II ! \' J! \ ~ !11.~h; 0',1 r ~Ilt\tl 2! ; !Hdhf " )., \. "rt", 'I ~ K I' , ~ '" ~' , :.; ~ ~ ~ I \) "11 ~ l) " { ~ <( {VI t ' 'l q ...") ... ~ f . ~'I' \,L "'\., 1 ~ "'I ", t~ H ,hl\ '1 ~ l{ '" \ "~,,I\. l ~ ., ~ ~ I "" ~ 'I. , l\, ~ ~ 'll ' ~ ~ ~ :, ~ n<:l0 ! UJ > a: o CO ::) ...J (.) . . . . . . / /f /:-:7- ,~:;~/ ./ -')' .- ~. ~ :~.... v ~ ~~ ~y or=i ~::? .J~ ~ifj ~~!, i1\~~ liJ -.,,/ I C , ~ " \ \ ~ 11) i\ ~ ~ ~ ~ ~ -:t. ~ ~ ':> U. 0 ~ ~ o VI ~ ~ ~ ~ ~ L'l :D f i :i 1. .. '~ ) 11 $! '"', \ .\ "0\ \ !\ " \ ", .\ ' .. t-\--(~ 0'0 c; ., . DEPARTMENT of PLANNING and COMMUNITY DEVELOPMENT 401 Mcintire Road Charlottesville, VA 22901-4596 804 296-5823 September 9, 1985 Mr. Tom J. Curtis, Trustee Keswick Country Club Land Trust P. O. Box 71 Keswick, VA 22947 RE: SP-85-53 Tom J. Curtis Dear Mr. Curtis: The Albemarle County Board of Supervisors, at its meeting on September 4, 1985 unanimously approved the above petition to allow the subdivision of 37 single family residential lots. Total acreage of site is 284.ll acres zoned RA. Property located on south side of Rt. 616 at I-64 interchange and adjacent to existing golf course. Tax Map 80, part of parcels 6l, 8, 60A, 62, 70, 3l, 8Z and Tax Map 94, parcel 42. Rivanna District. This application is subject to the following conditions: l. Prior to any subdivision plat review by the Planning Commission the applicant shall obtain the following: a. Virginia Department of Health approval of two septic drainfield locations on each proposed lot; b. County Engineer review of pump tests for two wells in southeastern portion of the property in accordance with the requirements of the Code of Albemarle County; 2. Prior to subdivision plat review by the Planning Comrn~ssion for lots southeast of Carroll Creek the applicant sha~l obtain the following: t a. County Engineer approval of construction activity in the floodplain of Carroll Creek in accordance with 30.3 Flood Hazard Overlay District of the Zoning Ordinance; b. County Engineer approval of public and private road plans to provide connector road from Club Drive to Rt. 6l6; " . I ATTACHMENT 01 I Page 21 SP-85-53 Page 2 3. All lots northwest of Carroll Creek shall be served by a central water system supplied by the two wells located in the southeast portion of the property or such alternative well locations as may be approved by the Board of Supervisors; the usage of existing wells at clubhouse will not exceed present usagG; 4. Development shall be in general accord with the preliminary plan submitted as a part of this petition and marked "Board of Supervisors; September 4, 1985" and initialled "RSK"; 5. Virginia Department of Highways and Transportation approval and acceptance of proposed public roads with specific requirement that Club Drive from Rt. 73l to Rt. 616 be built to State standards and accepted by Virginia Department of Highways and Transportation. If you have any further questions, please advise. Sincerely, Ronald S. Keeler Chief of Planning RSK:mkf cc: Ms. Lettie E. Neher I ATTACHMENT EI Page I March 23, 1992 Mr. V. Wayne Cilimberg, Director Albemarle County Department of Planning and Community Development 401 McIntire Road Charlottesville, VA 22902 Dear Mr. Cilimberg: Keswick Acquisition Corporation is hereby requesting amendments to SP-8S-S3, SP-86-02 and SP-86-04. The purpose of these amendments is to allow for the following: (1) Improvement of Club Drive to private road standards along its existing alignment through the Old Keswick Subdivision; (2) Extension of Club Drive along the proposed new alignment to SR 616 to private road standards; and (3) Bonding and/or construction requirements mentioned as conditions in the afore-referenced speciai permits be described as "to private road standards" and limited to Club Drive from SR 731 to the Sewage Treatment Plant. Section 18-26 of the Albemarle County Subdivision Ordinance provides the basis for this discretion when certain criteria are met. The following criteria are relevant to this request: (a) Specifically, Section 18-36(b) provides that "approval of such roads will alleviate a clearly demonstrable danger of significant degradation to the environment of the site or adjacent properties which would be occasioned by the construction of public roads in the same alignments. For the purposes of this provision, in addition to such other factors as the commission may consider, "significant degradation" shall mean an increase of thirty percent in the total volum~ of grading for construction of a public road as com~ared to a private road. As secondary considerations, among other things, the commission may consider actual volum~ differential as well as surface area differential and removal of vegetative cover;" (b) "No alternative public road alignment available to the subdivider on the adoption date of this section would alleviate significant degradation of the environment; and" (c) "No more lots are proposed on such private road than could be realized on a public road due to the right-of- way dedication." ASHLEY INNS INC. 'ATTACHMENT E \ \ Page 2\ -2- The County Subdivision Ordinance further states in 18- 36(h) that "a subdivider seeking approval pursuant to 18- 36(c) ... of this chapter shall file with the agent a written request which shall state reasons and justifications for such request together with such alternatives as may be proposed by the subdivider. ... No such request shall be considered by the commission until the commission has considered the recommendation of the agent. .. It is our hope that the following justification, in conjunction with the enclosed technical comparison between the approved public road alignment and the proposed private road alignment provided by Roudabush and Gale, will allow you to make a favorable recommendation to the Commission. Our justification is grouped into the following categories: Enhancement of the Physical Environment; Security; and Safety. Enhancement of the Physical Environment As you are probably well aware, the Old Keswick Country Club was originally developed in the late 1940's and from that time to the present the residential lots therein have been served by private roads. Over the past four and one- half decades the entire community has matured aesthetically with huge trees, many of specimen quality, bordering the existing private roads. This is especially true along Club Drive in the vicinity of the Inn and Golf Pavilion. The construction of public roads along the approved alignment will necessitate the removal of approximately 50 trees in the Inn/Pavilion area, many of which are estimated to be well over 100 years old. By construction and/or improvement of the existing private road alignment it may be possible to avoid the removal of any trees. At a point on Club Drive, in the vicinity of the Inn, to the intersection with Wood Lane, the approved public road alignment, with its associated utility easement, will require the destruction of a strip of trees approximately 20 feet wide and 3,400 feet in length. The approval of private roads along this section, will allow for the preservation of ALL ornamental trees and woodland areas. In additio~, private roads, using existing alignments, will decrease grlading requirements by approximately 907. from SR 7~1 to the intersection of Club Drive with Wood Lane. From/Wood Lane to Carroll Creek the proposed private road alignment will be similar to the approved public road alignment. The primary benefit to private road use along this section will be an approximate 207. reduction in the surface area which will be required to be cleared of trees for road construction. From Carroll .. I ATTACHMENT EI IPage 31 -3- Creek to SR 616 we proposed a new alignment to specifications consistent with VDOT mountainous terrain standards. This will allow for tighter vertical and horizontal curves which will reduce grading requirements substantially. Obviously, with private roads there will be afforded much more flexibility concerning landscaping and tree removal within the road right-of-way corridor. Security Over the past few months the Keswick Estate has experienced a significant security problem. I know, personally, of four incidents of burglary of our offices and construction site which resulted in substantial losses to Keswick Acquisition Corporation. This problem has resulted in further additional expense to the owner by necessitating the retention of a security service during night-time hours and weekends. Private roads will enable us to restrict access to the residential subdivision and to enhance the physical security and safety of the development and its residents by means of security gates on Club Drive at two locations--at the entrance to the residential community in the vicinity of the Inn and at the entrance from SR 616. Clearly this enhanced security will decrease the necessity for involvement of local law enforcement officials and enhance the peace of mind of the homeowners, both at no additional expense to the County. This, indeed, is in the public interest. Safety The approval of private roads will allow for the establishment of a speed limit along Club Drive not to exceed 25 mph. Low speeds and restrictions on access will contribute significantly to enhance the safety of residents and the guests of the Inn and Golf Course. We realize that Albemarle County views private roads as a departure from the general rule as is considered to be appropriate when certain circumstances are present. The Keswick Estate is an example which represents a particularly unique situation. As mentioned previously, the road system at Keswick has alwJys been private. To change this now would not only be fnvironmentallY insensitive, but also would change the aesthetic sense of maturity found at Keswick in a very hegative way. We fully understand that private road systems must be maintained through private revenue sources. We can assure I ATTACHMENT E\ Ipage 41 -4- you that the by-laws of the Keswick Estate will require that all roads within the development be maintained to very high standards. McGuire, Woods, Battle and Boothe is preparing the by-laws which will provide for a portion of annual dues to be escrowed for road maintenance. It would be difficult to overemphasize the importance of private roads in achieving the sensitive, informal country feeling envisioned by the owner. For the reasons set forth above, I believe that the Keswick Estate represents an excellent example of a development which should be granted the use of private roads. I respectfully ask that you make a favorable recommendation to the Planning Commission. Sincerely, ~=~ Development Manager r- .~ IATTACHMENT FI I Page I I PHONE (B041 293,4251 (B041 977-0205 FAX (804) 296.5220 .- LAND SU"VEYORS ENGINfERS LAND PL,o.NNERS I J, THOMAk GALE. L.S, MARILYNN R, GALE. LS, WILLIAM ~, ROUDABUSH. LS, I I I I I I ROUDABUSH, GALE & ASSOC., INC. A PROFESSIONAL CORPORATION 914 MONTICELLO ROAD CHARLOTTESVILLE, VIRGINIA 22902 DAVID L, COLLINS. LS, DIANA p, DALE. P.E. .pril 6, 1992 I I I I I I I I ieswick Acquisition Corporation , 0, Box 68 eswick, VA 22947 I i tTTN: ~entlemen: I I I This letter is in reference to our discussions concerning the *tilization and design of private roads at Keswick, We are well ~ware of your strong preference for private roads as you have previously outlined in your letter dated March 23, 1992, addressed to the Director of Planning and Community Development of Albemarle ~ounty. I I I I am aw~re that your primary interest is to construct safe and idequate roads, protect the environment throughout the corridors here these roads will be located as well as in the entire project, nd reduce the tendency toward higher speeds in this residential evelopment. I am also aware that you intend to adhere strictly to irginia Department of Transportation design criteria so far as it ~ffects the pavement structure design, and the requirements of the tlbemarle County Engineers for storm water drainage design, ! I have reviewed many publications concerning design criteria i'nd recommendations for subdivision streets and private roads. his literature clearly indicates that design speed and operating peed are a function of the geometric design elements of a road, he design speed chosen should be consistent with the speed a ~river is likely to expect and when a more difficult condition is pbvio~s, drivers are more likely to accept the lower speed fPer~tion than when there is no apparent reason for it, I !The existing roads within Keswick, as presently used and ~onstructed, have always existed as "private" roads and will meet the ~eometric design standards for Mountainous Terrain as to grade, purvature, and design speed. I I i I I I I RECE~VED APR 9 1992 PLANNING DEPT. Pete Bradshaw, Development Coordinator Reswick Acquisition Corporation April 6, 1992 Page 2 Plans have been previously approved by the Virginia Department ~f Transportation and the County Engineers Office to construct Club qrive and an extension thereto to connect with Route 6l6, Your ~taff has suggested that this extension, between Route 616 and ~tation 51+20 be redesigned as a private road using Mountainous lerrain design criteria. Your realignment reflects the use of ~mall radius curves for the horizontal alignment which are ~ompatible to the lower design speed. We have prepared a profile tor the vertical alignment and grading for this proposal, i i i 'Our estimate of grading quantities comparing the construction ~f the approved state road to the proposed private road are as follows: i I trivate Road Cut 11,353 cy Fill 3,800 cy $tate Road Cut 18,919 cy Fill 5,910 cy tncrease Cut 7,566 cy Fill 2,110 cy ~ Increase Cut 67% Fill 55% i i The above quantities apply to construction between Route 616 fnd Station 51+20 located just east of Carroll Creek, Your tevision indicates that generally there would be no design change trom existing conditions between Station 51+20 and Route 731. I I I : Please advise if you need additional information, I I Sincerely, I W~J ~illiam I I ~SR/jmc I A~_ S, Roudabush, L,S, . ,~ IATTACHMENT G I . COUNTY OF ALBEMARLE MEMORANDUM Rich Tarbell - Planning Department Jack M. Kelsey - Engineering Departmen TE: April 16, 1992 SP-92-21 Keswick Acquisition Corporation; Private Roads "", ~.~ ''''1 ~ J . T e plan, profile and earthwork volume comparison have been reviewed for demonstration o alleviating the danger of significant degradation as required under Section 18.36.b.l.a, o the Subdivsion Ordinance, T e maximum slope on the proposed road is 9%, which is less than the 10% maximum sl pe for an equal class public road, The pavement width is reduced 2 feet (22' to 20') by u ing a private road and will reduce the disturbed area, The private road vertical and h rizontal curve design criteria allow the road to more closely follow the existing to graphy, This further decreases the disturbed area, The engineer determined an hwork volume increase, to construct a public road, in excess of the 30% minimum, F r these reason the Engineering Department can support the reclassification to a private r ad. Should the commission approve the request, new road plans, profiles and drainage c mputations shall be submitted to Engineering for review. These plans shall be based u n VDOT mountainous terrain criteria and the applicable traffic generation, c : Jo Higgins - Director of Engineering 4 'k .. '" . (ATTACHMENT HI I Page I I PETITION We the undersigned by our signatures on this petition acknowledge that we are in upport of the following described Special Use Permit amendments currently pending with he County of Albemarle: Amendment of SP.85-53, SP. 86-02, and SP. 86-04. The purpose of these amendments is to allow for the following: 1). Improvement of Club Drive to Private Road Standards along its existing alignment through the Old Keswick Subdivision. 2). Extension of Club Drive to private road standards along the proposed new alignment to SR 616. 3). Bonding and/o~ construction requirements in the afore-referenced special permits be described as "to private road standards" and limited to Club Drive from SR 731 to the Sewage Treatment Plant. his petition in no way obligates the undersigned to any homeowners association road maintenance -agreement. ADDRESS ~x -::33 - #~0/t l, ~L"J.?9C;7 ( II /, ;',... /,... ,~J - 2 ff'1 f ?~1~~' 2ZY'l7 /. I, ~.2/,~~ 7; ~~~~P9'> /I " If , J Rf,~( r~ /)<>~ I /{ "-<J I{/~ cLr i/ /I ;L~ 9Vi \1c:1- 'l \/>-;-~, l{'~s tiNe Ie f; q ~ 'J- '7 t.;7 , RI c;z. v~w /.2-. )ce5 tv'/ c-Jc: k; ;2 ~ 91'7 Ir I I IATTACHMENT HI I Page 2\ 'j!.t /Z},;) / fdt-r- 13 J<t9L-Jick; f~ 2Z!f.' (( ( ,~... .. . 1. 2. 5. 6r-~ htJ. ~. ~ 7.e,.~~ I?.~-~L'i 8.sP!#.~~ 'ivt E/' I) i..Ii ('") /n} () . .// ~~r // <-~t:-ero-Yl O. t2 C~L- tv1 fG~ 1. (r. ~_ " ~ .~ ~ ""'\.--<..r '~.L 2. ~ /JJ c9..wt~ 3. . - _ ] e ~'h"", \... 4. 5. V2 7 ,;< ~ x- // , /2:?<~/'dC-L.. ,1//'1 7.1 ~ <-I I' 1ft- :0 1":Jt./~ / J(;y;;/ /~ 41t1 ;t z f f/7 ~r ;) ~X /'? r-:?'~/~7_~ t/ /f 2 <<' ~ y/- , / ,/ I %'_ ~ ~ L U\, ~e A')U-^- I \) \)0- .J '),0 ~ 9 R-~> ?--) 13-d f4 l~ ~.dl> V4 :l ~4 1-) /Zk 2 f;'c//t /8 ~7((~/I(,kVa 2:ulr/; K+ 2 ~,~- Iff I\~ 54).( k,ti, ;L~flf'7 T .J f~l ~--t!J{7 /[/; k.P/klJ~~ G~<.. ;A ~/l Y--1 ,- o v ~~~~ '\~' ~ ~r4- \ <..'. "'\~~ '(\ ('- ' . \ 1?,19... ~evf- I~~ V~ &:;2 9 '17 ~ ~ ~ Is ~~.,;I./I yf) ~.;zf<t'} oj .. ~ IATTACHMENT II . VDOT COMMENTS Page 2 April 20, 1992 Ronald S, Keeler Special Use Permits & Rezonings 3. SP-92-20 Crozet Church of God, Route 824 - This section of Route 824 is currently tolerable, Under the current RA zoning, this 5 acres could generate up to 20 VPD. This request is for a 250 seat church and a day care center for 60 children. The traffic generation from this would be at least several hundred VPD. A minimum of 450 feet of sight distance is required for the entrance on Route 824. To obtain this to the northeast, major grading of a bank will have to be done, From a previous plan that was reviewed, it was indicated that a sight easement is not . needed but a grading easement would be needed on the adjacent property for the entrance location proposed. + 4. SP-92-21 Keswick Acquisition Corporation, Route 731 - This request is to amend previous SP's to allow Country Club Drive to be a private road rather than a public road, The Department does not support the use of private roads, Road plans for Cou~try Club Drive, as well as two side streets, have been reviewed and one phase has been approved by the Department, Not having a public road connecting Route 731 and 616 could have an effect on the traffic patterns and circulation in this area. Tra1fic coming or going out of this development would have to take alternate routes exi~ting public routes for access if they were not able to enter the gates. The Courty Ordinance requires a road connecting two public roads to be a public road unlEss approval is given. The entrance improvements shown for both Routes 731 and 616 on the road plans are the same whether or not this connector road is public or pri\ate. 5. SP-92-22 Dale Yilberger, Route 250 E. - The traffic generation from this request wou d not be in the high range of uses allowed in the HC zoning. As part of the con~ truction on Route 250, the existing two entrances to this property will be redlced to one at the location of the existing eastern entrance. 6. SP-92-24 Richard & Donna Harry, Route 618 - This section of Route 618 is cur ently tolerable. This request is for two additional development right~ which wou d result in an increase of traffic of 20 VPD. Should 3 or more lots ~ccess an ent ance, then it would need to be to commercial standards with adequate ~ight dis ance. There is an existing private gravel road that runs to the north of this prolerty, This private road is currently on the priority list for possible rural add tions by the County, ,. J ~" '.. ':, {"".' /-/2 - .9.2/ !.!l:;t'\(llJl8u [v Q~iiJt'). f?_..__.",- ---. ~ ., .., ,_ !,'" 9.2, t1 d:t /7, </02 t" Ag~nl.la ~,.el,l f.'), ....._~______.__~--~,-~--,..,'~.-- COUNTY OF ALBEMARLE Dep!. of Planning & Community Development 401 McIntire Road C harlottcsvilll', Virgllllil 229() 1-4596 (H04) 2% SHn .>r. ,.. "".r' ,-, r ' 1:. May 13, 1992 Winter Haven Limited Partnership c/o Mr. Keith W. Gibb 7601 Dominion Drive Sandy Springs, MD 20860 RE: SP-92-25 Winter Haven Limited Partnership Tax Map 78, Parcel 20 (part) Dear Mr. Gibb: The Albemarle County Planning Commission, at its meeting on May 12, 1992, unanimously recommended approval of the above-noted request to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. Use is limited to 80 beds in the facility; 2. Site shall be developed in general accord with plan prepared by Raymond E. Gaines, Architect dated March 23, 1992 and revised April 29, 1992. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on June 17. 1992. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, ~,O[~ Richard E. Tarbell Senior Planner RET/jcw cc: ~ettie E, Neher Jo Higgins Raymond E. Gaines Amelia Patterson South Pantops Land Trust " . . . "--- STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: RICHARD E. TARBELL MAY 12, 1992 JUNE 17, 1992 (SP-92-25) - WINTER HAVEN LIMITED PARTNERSHIP (APPLICANT) SOUTH PANTOPS II LAND TRUST (OWNER) Petition: winter Haven Limited Partnership petitions the Board of Supervisors to issue a special use permit for a 23,420 square foot nursing home [Section 18.2.2(9)] on a 1.86 acre site zoned R-15, Residential. Property, described as Tax Map 78, Parcel 20 (part), is located on the west side of South Pantops Drive, approximately 1/4 mile north of State Farm Blvd. in the Rivanna Magisterial District. This site is located in a designated growth area (Neighborhood 3) and is recommended for High Density Residential development. Character of the Area: The site is predominately clear near the road with wooded areas on steeper slopes leading to the Rivanna River to the west and a large drainage swale to the south. The Overlook Apartment Complex and State Farm Insurance Offices are located approximately 1200 feet to the south. APPLICANT'S PROPOSAL: The applicant is proposing to provide a 40 bedroom (80 bed) facility consisting of two buildings. It is estimated that 25% of the resident population will be non-ambUlatory and fire protection measures will be designed accordingly. The facility will require a total of 17 employees with 10 people working during the day shift. The applicant has provided a detailed description of this request included as Attachment C. A site plan has been submitted which is being reviewed in conjunction with this special use permit (see Attachment D) . SUMMARY AND RECOMMENDATIONS: Staff opinion is this request is consistent with the criteria of Section 31.2.4.1 of the Zoning Ordinance and Comprehensive Plan and recommends approval subject to conditions. PLANNING AND ZONING HISTORY: Several applications have been reviewed for Tax Map 78, Parcel 20, however, none affect this site directly. The existing R-15 Residential zoning is the original 1980 designation on the property. COMPREHENSIVE PLAN: This site is located in Neighborhood 3 and is recommended for high density residential development. 1 . SUMMARY AND RECOMMENDATION: In addition to the requirements of Section 31.2.4.1, the two issues to be addressed in the review of this special use permit are: 1. Compliance with the Comprehensive Plan 2. Compliance with Supplementary Regulations (Section 5.1.13) 1. ComDliance with the ComDrehensive Plan This site is recommended for high density residential use with a density of 11 to 34 dwelling units per acre. Based on the proposed 1.86 acre site for this facility, the project is within the recommended density of the Comprehensive Plan (21.5 dwelling units per acre). 2. ComDliance with Supplementary Requlations r5.1.131 This section of the Zoning Ordinance regulates resthomes, nursing homes, convalescent homes and orphanages. a. Such uses shall be Drovided in locations where the physical surroundinqs are compatible to the Darticular area; Adjacent land uses consist of the Overlook Apartments complex and the State Farm office building to the south. To the west the site slopes down to the Rivanna River and properties to the east and north are zoned R-15 Residential and presently undeveloped. Adjacent land uses both proposed and existing are compatible with this request. b. No such use shall be established in any area either by-right or bY special use permit until the Albemarle County Fire Official has determined that adequate fire protection is available to such use; Required fire flow is 500 gpm at 20 psi since all buildings are proposed to be sprinklered. A fire hydrant exists approximately 200 feet distant and available fire flow is 2500 gpm at 20 psi. c. Generally, such uses should be located in Droximitv to or in short reSDonse time to emerqency medical and fire Drotection facilities. Uses for the elderlY and handicaDDed should be convenient to shoDDinq, social, education and cultural uses; 2 . Fire response will be provided by stony Point Fire Company, East Rivanna Fire Company and Charlottesville Fire Department. Emergency medical response would be provided by the Charlottesville-Albemarle Rescue Squad. The service from these sites meets the recommended response time stated in the Community Facilities Plan. The site is located in close proximity to the Riverbend Shopping Center. In addition, the Senior Center, Piedmont Virginia Community College, and the University of Virginia would all be within approximately 15 minutes travel time from this facility. d. No such use shall be oDe rated without aDProval and where aDDroDriate. licensinq bY such aqencies as the Virqinia DeDartment of Welfare. the Virqinia DeDartment of Health. and other such appropriate local. state and federal aqencies as may have authority in a Darticular case. This facility will be licensed by the Virginia Department of Social Services. A Certificate of Need is not required for this particular use as it will be licensed as a home for adults and no federal funds are involved with the project. Staff recommends the Board of Supervisors find, in accordance with Section 31.2.4.1, the proposed use: (1) will not be of substantial detriment to adjacent properties; and, (2) will not change the character of the district, and, therefore, the use will be in harmony with the purpose and intent of the Zoning Ordinance, the by-right uses within the district, the Supplementary Regulations, and with the public health, safety, and general welfare. Staff opinion is this special use permit is consistent with Sections 5.1.13 and 31.2.4.1 of the Zoning Ordinance and the Comprehensive Plan. Therefore, staff recommends approval subject to the following conditions: Recommended Conditions of ApDroval: 1. Use is limited to 80 beds in the facility; 2. Site shall be developed in general accord with plan prepared by Raymond E. Gaines, Architect dated March 28, 1992 and revised April 29, 1992. ---------------- ATTACHMENTS: A - Tax Map B - Location Map C - Project Description o - Preliminary Site Plan E - Preliminary Landscape Plan 3 I ATTACHMENT AI I I 79 i.__ - '""- '" '''--_oj 22 ... --- SeAL[ IN n:[T .., ..&0 , 92 SCOTTSVILLE AND RIVANNA DISTRICTS SECTION 78 "" ~ ~ t'~~..r"l.,/I ,/ -~ <Y i r64iJ 11 I I) \ " ~ ~\~~~ lS)\)! r'~ ............. " <., "')"~B ~ '0,\ ~~ I ,~ I " IB4 I, I " .. @ ~ ,,~ ;:,~ ~O )$ "~ ->~ !' 't " -, , , ... ... ;, ~'~ \ i \ @;J 0'0 .. I6iOI ...., ,~ -~-:..--\ \.... ., ,- . ""...~ ~ " " .... ~ I .... d' c.; ',"', /' / ~ iollesvilJe , ~-;r-'::- '" 'L ~ - .. ("S_....~~ ,/ / ,'". . ",._..:~:\)< A'~:' ~(, I C ' ,~r I. ... ~ " ,f7.@ .;:) o " ,. \ , \ :\ o , '"' I I "\~" &'....Ol" 'b ~ "0} i'....rj.. '- '-, l ~Il "'-'l~ ...." , "', ) , J' /..,,- . t;' Ii? ~~/~,~ " " ,~O,<,,/ .....,,1, / , " "- ,,~' / / I \ -~ IillJ )~ ."" -~, --.. <f ~"\'" \ '1' / ..\, ~', .' v' I " .,J I ~ \ l [!lir " , " I l , I ;" , , , '!" ~ I .. , I J ;'-- .;~ '" ' .. .. , ["",""'" ~'do" \ - , i ~ \ . I \~-, . " / ..... ~ --.) o c, 1C...ne K,'1', '", ','. -, . \e. , [@},' r '", ~ ll? ~ ?- '" '" ~ . IATTACHMENT cl Prepared by Ray Gaines and Keith Gibb (applicant) April 21, 1992 -R. Tarbell Sr. Planner RECE1veo APR 2 2 1992 PLANNING DEPT. PROJECT SUMMARY WINTER HAVEN HOME FOR ADULTS PANTOPS MOUNTAIN ALBEMARLE COUNTY, VIRGINIA The Winter Haven Limited Partnership consists of six individual partners, three of whom have made careers of long term health care. The partnership is committed to providing residential care to the elderly, They currently operate three licensed homes for adults in the Commonwealth of Virginia, a fourteen bed facility in Warren County, and twenty and thirty-one bed facilities in the City of Charlottesville, .AIl three facilities generally stay fully occupied, ~nd are licensed in good standing by the Commonwealth of Virginia Department of Social Services. The Proposed Winter Haven Home for Adults to be located on a portion of Tax Map 78, Parcel 20 on Pantops Mountain in Albemarle County, Virginia is an eighty bed, forty bedroom facility of two buildings housing up to thirty-two and forty-eight residents respectively. It is the partnership's experience that a substantial number of the bedrooms will be occupied as private rooms, such that rarely will there be more than sixty residents onsite at any given time. Experience shows that approximately twenty-five percent of the resident population will be non-ambulatory. This facility will provide employment for seventeen individuals broken down as follows: Day Shift Second Shift Third Shift --------------------------------------------------- --------------------------------------------------- 1 Administrator 2 Food Service 2 Housekeeping 5 Primary Caregivers 4 Primary Caregivers 3 Primary Caregivers The residents are housed in a residential atmosphere in private or semi-private rooms with individual baths, Meals are prepared onsite and served in a communal dining room. Amenities available to the residents include multiple living and day room spaces along with exterior deck or patio space, The buildings are one story in height in order to maintain a residential scale, The exteriors will be primarily of brick with earth tones used for roofin0 and trim. jATTACHMENT cj '/Page 2/ Section 5.1.13 of the Albemarle County Zoning Ordinance deals specifically with rest homes, nursing homes, convalescent homes, and orphanages. It is reasonable to consider a licensed home for adults to be covered under this section as it is a similar use to those listed in the ordinance. The site is currently zoned R-15, and is particularly well suited for this use. With R-15 zoning, the adjacent parcels (remainder of this parcel after division of the site) will probably develop as multi-family apartments or townhouses. Since the proposed use of this site is of a residential nature, the impact of the facility on the adjacent properties will be minimal. A plus for the residents of this facility are the good views of the Woolen Mills area, Monticello'and Brown's Mountain from the site. Life safety concerns are easily addressed at this site. For fire protection, There is a 10" water main in South Pantops Drive serving the site. The Albemarle County Service Authority advises that fireflow to the site is 1,500 GPM at 20 PSI residual. The buildings are to be fully sprinklered in compliance with NFPA-13. Additionally, the site is approximately five to eight minutes from the fire station on Ridge Street. Emergency medical facilities are available at Martha Jefferson Hospital, approximately five minutes away. Additionally, the site is convenient to the Charlottesville Albemarle Rescue Squad. Because the site lies in the urban area of the county, access to any cultural, educational, or social use is convenient, as travel time to such locations as the Senior Center, PVCC, the University of Virginia, Downtown, etc. is within fifteen minutes at most hours, The site is approximately three thousand feet from Pantops Shopping Center, This facility is to be licensed by the Commonwealth of Virginia Department of Social Services. Department of Social Services Standards and Requlations for Licensed Homes for Adults do not require a Certificate of Need for this particular use, The department regularly inspects licensed homes for adults to assure the weJ.I being of the residents, As the area population ages, the need for residential care is increasing dramatically. A licensed home for adults provides an alternative to nursing home care for those not requiring the services of a nursing home. This facility will be a definite asset to the community, .. u ~'"'I , ,". 'J~, ~.. r, 1 ';'. ~ UI: --" , \ '\ " '\ '\ ------ _,J.- I /' { ). ,,' -' -' ,,\ r' ,- I' " '-...... ,~ .r ~ \h ~~ ~ ~~ 'J~ ![ ~~ t,~ ,\, f;~ ~ ~d ~ G~ '0 Q~ ~~ ~U ~~ &r ~~ r~ " , ,\ " > [ u f ! b ~ ! :\. It! H; , I\~ ~ I::: \~ :1' Ir :G !t- ,r I" is I~ t:i.4t 'ij, r._' 'I'. ffi~ l ~.~. M ~ ~ ~ ~ n .l:"'.J ..J, 1 -:i ..J, 1 r Ij " , · " , Ri~H ""- " ,,1,1 n 0 j ~ ~ Ii J ,M ~ ~ " :', ~ ,;: - ~ ''.I' t ~ ~ C II _'~ g ~I [t'> , "ll_ ~ . 'i ~r ~ ~ } i ~ ~ ) "f d ~ ~ i& 0 d _~ R ~;" ~-~:. ~- ~.. ~-'~~ I -"'~Ilt_!:f ~ ~ -F. ~- { ~ ~ ~,;~~ ; f.'=~'PI~ ~ 2 ~ iP ~ ~~G !j It \II \l' 1) \1' .., ~~ 'n .... 'II " U _I ~ ~~~i*;(iH~ l' :Jo \fI IJ ,. 1.1' tr IF< If' 'Il/l: "1 .", '1t :n :It " JI"')J"U in pq i n ~ i IP "d ~ -( , " , , " ":1 \: ;~ . :~if:, ~1I1 :I~ , , l.:~; 'I' '" Ir i i ~ i!, / t, '\ \ . c '--\ I, .- "-.......- .,; '- . I G\ G\ c<, (t\ L,d ip--:, G~\ I~\'~~~~ ,1-J;-5/"c=- ~ RAYMOND E, GAINES 1\~nllF'~(;T ~D"'~It..JG~ -- .~ ,"", ~ CQU,,",T"l' VI~"'" .~.=(~~~ ",,~6 ~ ~ n J: J: m '...' Z -4 m I'IY"'ld :LJ.19 ----- ,\'.noo ""V~'J,' 'tIN l:j\~.] '..d.'\lH't'd lHll~" :Lil, _ ----..-~^YH-\I.d)ol" ~ic;I" ; -lJl.J.--'dl.ldlJ Ii~ _._ -.., , 01 - T '\ \ ' , I I \ \ ) I l I \ - - vn01";;i\I";i "A_ j ^ r.a t?lf\, ' ~~) ~ """"-...... ,--- r- _'-. 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J :J '1 a III ~ ~ r' ---~-- --,---- Edward H Bal , Jr Samuei Mille David P Bowe man Charlott€svill 'ii"".,,' ~'''''''" COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 Forrest R Marshall. Jr Scottsville Charles S Martin Rivanna Walter F, Perkins While Hall Charlotte y, H mphris Jack Jouett June 18, 1992 Ms. Mary Loose President Charlottesville/Albemarle Jaycees PO Box 96l Charlottesville, VA 22902 Dear Ms. Loose: At its meeting on June 17, 1992, the Board of Supervisors took no action on your request for $l250 to help fund the annual J ly 4th fireworks celebration. V~O?~ Lettie E. Neher, Clerk, CMC LE :ec cc: Robert W. Tucker, Jr. Richard E. Huff, II \-, ~~L~;:"-"... _ _ ' ')N , j,'-~ /...< - ~7~ '~..,..,''"'"''"'-........~.~...~_.-_. ,~... " County of Albemarle , I EXECUTIVE SUMMARY Request AGENDA DATE: June 17, 1992 ITEM -NUMBER: ;:/02. tJ~/ tl, '1oL;l ACTION:~ INFORMATION: SUBJECT Charlott requeste County celebrat CONSENT AGENDA: ACTION: INFORMATION: STAFF CO Messrs. Huff. ATTACHMENTS: No /Jr;- REVIEWED BY: A;:t<Jf BACKGRO At the Charlott help fun from the une 10, 1992 Board of Supervisors meeting, Ms. Mary Loose, President of the sville/Albemarle Jaycees made a presentation requesting $1,250 from the County to the annual July 4th fireworks celebration. She intends to make a similar request City of Charlottesville. DISCUSSI Ms. Loos fund the of commu funding indicates that in prior years, the business community has always been able to fully fireworks display but with the current economic conditions, budgets for these kinds ity projects have been cut drastically. The Jaycees do not anticipate that public ould be a regular component of future year's displays. RECOMME ATION: Staff re ommends that if the Board supports this request, funds should be committed from the Board co tingency account contingent upon the City providing a matching amount. 92.083 l" , &,-/.2 -;1.;L 9:z, ~'~;1.~:;.2 F COUNTY OF ALBEMARLE MEMORANDUM ;1 :TO: :FROM: iDATE: Albemarle County Board of Supervisors 1)ei? David B. Benish, Chief of Community Development June 12, 1992 , iRE: , Crozet Crossing Proposed Recapture Plan Background: Attached is the Charlottesville Housing Foundation's proposed recapture plan for the Crozet Crossing housing project. County approval of the recapture program is required by Virginia Housing Development Authority (VHDA) and Virginia Housing Partnership prior to the release of funds committed to the Crozet Crossing project. The first page of this Plan is a summary of the contents of the report. Sections I through IV provide the purpose, intent and overall guidelines which define the recapture plan. Staff would recommend you focus on the concept of the plan outlined in these sections. The remaining sections provide more detail and justification for the components of the plan. Discussion: The following are key points of the proposed plan that you should be aware of: o The purpose of the recapture plan is to establish the terms under which the buyers in Crozet Crossing will repay the money invested in Crozet Crossing by the County (CDBG and County matching funds) and the Charlottesville Housing Foundation (CHF) totalling up to $813,000. o The funds recaptured by CHF and the County are recommended to go into a proposed Housing Trust Fund. This money will be reused in future programs to assist County citizens in obtaining decent and affordable housing. Specific programs to be funded from this Trust Fund have not been determined or developed but possibilities include a program to assist in down payments and/or closing costs for homes on the market, a homeownership education/training program, or future construction of affordable housing. - e e ( John Shepherd. Francis Fife, j ~[C/-';eJ.IJB~,__J~J=-/-';N. LIJ~_J;:JiQ~t:..I__l;:.~J.).t!~I!\IG JUNE 9. 1992 Pr-epared by: Housing Specialist. AHIP Vice President and former Executlye Director. Charlottesville Housing Foundation Forrest Kerns, Executive Director, Foundation Charlottesville Houslng e e e ( SLJI"H"JPiBY..QE._ ~9NT EN TS The purpose of the Recapture Plan is to recoup the moneys inyested in Crozet Crossinq by the Charlottesville Houslng Foundation, Albemarle County, and the Department of Houslng and Communlty Development to reuse for other houslng projects. This 111 be done without comprOmlSlnq the ability to bUlld affordable ousing at Crozet CrOSSlnq. fhe plan contalns three basic lements. 1) tlnancing that enables low and moderate lncome eople to own a well bUllt, energy efficient home that would therwlse be way beyond thelr reach. 2) The method by wn1ch the money that the County, DHCD and CHF have invested in the rOJect will be repaid. 31 Thls recaptured money will De placed In a Housinq Trust Fund that will support affordable houslng rOJects In the future in Albemarle County. I. INTRODUCTION: fhe $813.000+ lnvested in Crozet Crossing wlII be repald by the purChasers and recycled through a Houslng Trust Fund to support future affordable houslnq projects In the County. II. SOURCE OF FUNDS TO BE RECAPTURED: Th1S shows amounts lnvested bv DHCD. the County and CHF. III. OBJECTIVES: These include affordabilitv and repayment. IV. GENERAL GUIDELINES AND ASSUMPTIONS: These are a prellminary design based on discussions with VHDA. DHCD. the Enterprlse Foundatlon. and a reVlew of the recapture plans of CHF. Nelson County s Montreal Village. and Fairfax County. V. COMPONENTS OF VALUE IN THE PROPERTY SUBJECT TO RECAPTURE: Crozet Crossing relies on a varlety of financing mechanisms that are more easily understood when related to different elements of Lhe homes. I. FINANCING PACKAGE: lhis outlines how the houses wlII De financed and what portions of that flnancing will be subject to recapture bv the Housina Trust Fund. The use of shared dPpreciation rather than fixed rate interest is dlscussed. VII. CASH AT CLOSING CREDITED TO THE FUND: A substantial portlon of the funds invested ln Crozet Crossinq may be recaptured In c sh at the time of the initial sale. VIII. CIRCUMSTANCES UNDER WHICH DEFERRED LOANS ARE REDUCED. F RGIVEN OR BECOME DUE: Deferred loans are forqiven at the end of 30 Years. Otherwise. the deferred loans are designed to f nctlon as much like fixed lnterest rate loans as possible. HOUSING TRUST FUND: This is a general description of using Trust Fund that will serve to admlnister the funds recaptured under this plan for future projects. the that X. RECAPTURE PLAN EXAMPLES: These show how the financinq ~f an l ltlal sale and dlfferent resales would be recaptured. e e e .. PRO'=Q_~E[Lm~:~BrTJ181::,_.,.E'=B~LF_QJI_J;:J3DZ~T_J~RQ~~J_NG REV I S~p ~_.JJJN..~__Y.!._1992c I . I NTRODUCT-I ON !.. The County of Albemarle and the Charlottesville Houslng Foundation have. together. invested $813.000+ in the acquisition nd development of the Crozet Crossing property. This Recapture Ian. (henceforth referred to as the Plan) describes the terms under which this money will be repaid by the Durchasers. This Plan calls for the recaptured funds to be placed ln d ous1ng Tr-ust Fund. (henceforth referred to as the Fund) that ill be used for the benefit of future programs that SUPDort affordable housing ln Albemarle Countv. It lS understood that further work will be requlred to lmplement this plan. It will be necessary to draft real estate sale and loan documents that are consistent wlth the plan. It wlll also be necessary to draft the agreements and documents that will establish the Trust Fund. II. SOURCE OF FUNDS TO BE RECAPTURED: $300.000 DHCD Block Grant $331.500 Albemarle County $181~00+ Charlottesville Housing Foundation $813.000+ Total funds invested recapture plan. that subject to this are I addltlon to this figure. prlce. determlned by the that wlII also be subject to there wlll be value above the sale County s valuation for tax purposes. thlS recapture plan. III. OBJECTI~!;.~; 1. Make the houses in Crozet Crosslng more affordable by deferring payment on a portion of the total cost of land. site development. and house construction. ~, L. Recycle Courlty. and the houslnq the money that has been lnvested by Albemarle the Department of Housing and Communlty Development. Charlottesville Housinq Foundation to meet long term needs. .1 e e e :: . IV. GENERAL _GU I Qt;;.L I ~ES L_ASgUMYT :tm~S: 1. The purchasers should ultimately pay all the hard costs of thelr homes with a comblnatlon of down payments. conventional mortqages. and deferred loans. These deferred loans should not carry a flxed rate of lnterest that accrues untll the house lS resold. Rather. the purchasers should pay a portlon of the appreciatlon that can be attrlbuted to the deferred loan. Thls avoids the possibility that accumulated interest might exceed the appreciation in the property at the time of resale. In this Plan. the cost of borrowinq the deferred money equals the interest that would be charged if the rate equaled the rate of appreciatlon. The purchasers in Crozet Crossinq do receive assistance In the form of low interest loans. the opportunity to corrow down pavment and closing costs. the opportunity to obtain loans with deferred payments. and the low cost of land. Also. there are donated servlces in this development that add to the value of these homes that the purchasers do not pav fOt-. The Housing Fund. a return on the created by CHF and the County should money lnvested In Crozet Crossing. earn The plan should not to make improvements on create disincentives the house. to remairl in or 4. The plan should purchasers selllng large profit. contaln protections against initial their house soon after purchase for a 5. The plan plan must lTlean no payments. future. must be acceptable to VHDA. To this end. not decrease future pavment ability. ThlS balloons. plans that call for increased or plans that call for payments to commence the would future ln trle 6. The plan should avold placlng conditions on future sales that have the potential to create title insurance problems. I. The plan should be possible. the plan purcrlasers. extent by the consistent should be and falr. accepted To the as such v. COMPONENTS OF VALUE IN lHE PRO~~RTY SUBJECT TO RECAPTURE.~ from The total value of different sources; the hnuses ln Crozet Crosslng wlII come some subject to recapture. oLhers not. ,- L e e e 1. THE LAND AND SITE IMPROVEMENTS: Crozet Crosslnq wlJI be affordable In larqe part because the land. road. water. and sewer are being pald for initlally by the Block Grant. Albemarle County. and the Charlottesvllle Houslng Foundation. Thls t1nanclng arrangement lS the baSlS Of the recapture plan because It allows purchasers to defer some or all of the cost of the lot. All funds committed to lot costs are subject to recapture; ither under the provisions of the deferred loans or as "cash to the Housing Trust Fund at closing". 2. THE CONSTRUCTED HOUSE: The houses will be built by CHF wlth financlng. The construction financing will proceedS of VHDA. VHPF. or FmHA permanent by the initial purchdsers. VHDA construction be repaid with the mortgages obtalned No portion of the cost of construction of the houses lS subject to this recapture plan. 3. ADDED VALUE: Added value is the dltference between the purchase prlce market value. Thls value is determined by a tax at the tlme of the lnitial purchase. This added value above hard costs lS created by the contrlbutlons of the Kessler Bill Edqerton. Harry Porter. the Charlottesville H using Foundation. and others. The work of staff at TJPD. AHIP. Albemarle County and CHF contrlbutes to this added value as well. It also comes from the fact that there lS no developer profit b lit lnto Crozet Crossinq. Added value is subject to recapture under this plan. V I . F:~I Nf:!~C I NG.__pA~KBQ~ The total value of a house and lot will be palj for th cash and a variety of financing mechanisms. Note that some these components are in the form of cash and third party loans at are not subject to recapture. Other components of the nanclng are in the form of secured. deferred loans that are bJect to recapture. 1. DOWN PAYMENT: i om This wlIl be pald by purchaser the VIrginia Housinq Partnership sown Fund. funds. or borrowed o wn payment funds are not subject to recapture. ,-",. e e e 2. PERMANENT MORTGAGE: The amount of this mortqaqe will be based on the purchaser s repayment abillty. This will range from the total cost of the nouse and land mlnus the down pavment down to the cost of the house constructlon onlv. These mortgages wlII be secured bv 1st deeds of trust. payable to the Vlrginla Housing Development Authorlty. the Vlrginla Housing PartnershlP Fund. or. posslbly. the Farmer's Home Admlnlstratlon. fhese mortgages are not subject to recapture. 3. DEFERRED LOANS: Most of the houses in Crozet Crossinq will be financed ln part by deferred loans. The principal amount of these loans will reflect the balance owed to the Fund for the cost of the lot. The princlpal plus a return will be secured bv a second deed of trust. payable to the Fund. Added lpan. This Value wlll also be secured in the lS addressed in the next section. deferred second Deferred loans are subject to recapture. M~thod of Recapture of Deferred Loans: The amount due at the time of resale or any other triggering event will be the principal amount of the deferred lpan plus a percentage of the appreciation of the value of the property. It is thls percentaqe of appreclation that provides the F~nd the return on the lnvestment in the land and slte d~veloDment. The percentage of the appreciatlon due under the provisions of the second deed of trust is determined at the time of the lhitlal purchase. It is calculated bv dividinq the prlncipal amount secured by the 2nd deed of trust by the assessed valJe of the house and lot. This lS referred to as the in~es!.~ent factor. At the time of resale. the total amount of appreciatlon l~ calculated by subtractinq the original tax assessed value from tle valid resale value. The value of improvements made by the ol"mer. determined bv the ta:< assessment. is then subtract2d to a....rive at the adJusted appreciation. ThlS adjusted appreclation i~ multlPlied by the investment factor to arrive at the r2turn diJe under the terms of the second deed of trust. 4 e e e In the event that the property is conveyed lnheritance. the value at time of conveyance will be by the County assessment. adjusted by the State's assessed value to market value. bv qlft or determined ratio of Rationale for this approach to deferred loans: a. ThlS approach avoids the accrual of unpaid interest. It protects the purchasers from the posslbility that the property would not appreciate enough to pay the accumulated interest at the tlme of resale. b. It provldes a appreciatlon. return to the Fund in form the of shared c. I t lS fair to the home owners because those who recelve large subsidies will net less at the tlme they resell. Those who have been making larger mortgaqe payments will net more at the time of resale. d. Removlng the value of subsequent lmprovements from the tax assessed value at the time of resale allows the property owners to realize the full benefit of improvements they make to their homes. ThlS provldes an lncentive to the owners to maintain the property ln good repair and to make improvements. 4. ADDITIONAL VALUE ABOVE THE INITIAL PURCHASE PRICE: The amount of added value to be secured lS calculated by s~btracting the initial purchase price from the falr market v~lue. The falr market value is determlned by a tax assessment. This lien will be lncorporated lnto the second deed of trust. ih favor of the Fund. This value above u~der this plan. the sale prlce ~s subject to recapture M~thod of recapture of added value: The amount to be secured will be determined by a tax a~sessment at the time of the lnitial purchase. At the e~d of fpur years 25% of the principal will be forgiven. At the ehd of flve years an additional 25% of the orlginal prin=ipal a(nount will be forglven. At ttle end of six years an additional 2p% of the orlginal prinCipal will be forglven. And. at the ehd of seven years this obllgation will be fully satisfled. rile payoff amount wlII be prorated. This will ca,rv no lnterest or return. 5 e e e I Rationale for recognizing and securing added value: The purpose of this provision lS to ,emove the posslbil1ty that inltial buvers 1n Crozet Crosslng would sell thelr house spon afte, purchase and reallze a sizable proflt. This would 1ntroduce an undeslrable element of instabilltv to the commun1tv. Thls lien will extinguish over time to reflect the initial added value decreases as a percentage of the value as the property appreciates. the f dC t t ha t of the total Once this obligation 1S satisfied. the owner reaps the full benefit of the appreciat10n of the property value. based on the owner s equltv. VII. CASH AT CLOSING THAT IS CREDITED TO THE FUND If all money avallable for recapture was equallv distributed among the thirty purchasers. each house could be financed In part with a $25.000 deferred loan. However. manv of the prospective purchasers are able to qualifv for larger first positlon mortgages and will not need such large deferred loans. It 1S not anticipated that any of the deferred loans will exceed $25.000. fherefor-e. actual deferred to the Fund. at each closlnq. loan amount. If any. the difference and $25.000 will between the be credlted The County and CHF have each paid $31.500 Housing Specialist staff positlon for Crozet amount will be recaptured and repaid directlv to become available from the sale of houses. to support the Crossing. This each as as funds Cash at closing is subject to recapture. VIII. CIRCUMSTANCES UNDER __~~~~tl DEFERRED LOANS ARE REDUCED~ FbRGIVEN OR BECOME DUE: a. Deferred forg1ven are to be loans. secured by a second deed of at the end of 30 years. trust. b. Accelerating the payments on the first mortgage does decrease the term or amount of the second mortgage. not c. Prlnc1Pal only payments can be made to reduce the balance of of the deferred loans. These payments will be llmited to a minlmum of $1.000. d. In the event that the 2nd Oeed of Trust mortgagor has made intermittent payments to reduce the princlpal. the following steps will be taken to dete,mine the final payoff amount: 6 e Accor-ding to the procedures outlined under "Method of Recapture of Deferred Loans". beginning on page 5. adjusted appreciation 1S multiplied bv the investment factor to arrive at the amount due under the terms of the 2nd deed of trust. When thls amount is known. an equation with this amount of return. the amount of principal. and the term of the loan can be solved to determine the rate of return. This rate will be inserted into the same amortization formulas that are used to determlne pay-off amounts for fixed rate. 30 year mortgages. e. Anv event that triggers a due on demand clause In deed of trust. will also trlgger a due on demand the second deed of trust. the first clause In IX. HOUSING TRUST FU~p The County of Albemarle and the Charlottesv1lle Houslng Foundation will draft an agreement that will serve as the basis for the establlshment of the Housing Trust Fund. The agreement will include the following points. subject to dlSCUSS10n and r-ev1sion. e The two partles will create the Housinq Trust Fund from recaptured money from Crozet Crossing and create a committee of trustees to administer the Fund. There will be five trustees: two designated by the County. two designated by CHF. and one deslgnated by the Albemarle Housing Improvement Program ((~HIP). The Purpose of the committee will be to use money a d accumulated interest) from the Fund for affordable proJects within Albemarle County. CHF and the AHIP grants or loans from the Fund for affordable housing whlch either now operate or initiate in the future. (capital housing wi 11 use programs The committee w1II designate who will manage of the Fund. whether it is the Albemarle County Finance. another department wlthin the County, or outside firm. The committee will decide k ep liquld and what amounts to invest at appropriate investment return. the 1nvestment Department of another person what amounts to a timely and The commlttee will dec1de how much of the Fund will be d signated for grants and how much will be designated for- loans. The loans will be repaid to the Fund to provlde a revolving flow of monev. e The adminlstration of the fund will lnvolve both the method of investing the Fund balance when it is not being used for a signated housing actlvity and approving the use of the fund to pport specific housing programs. The administrative procedures II be provided by Albemarle County and CHF on an agreed basis. r example, the County might provide staff for one vear and then tate to CHF for the next vear. Or. the duties could be split -, / e e e between the two. deslgnated term. The committee will select its chairperson for a The commlttee should be allowed and able to operate a cumbersome or overly politlcized structure. The funds be made available to diverse and innovative projects 1n a and accountable way. The funds should not be prevented from used for as vet unknown housing strategies in the future. The following is a list of potential uses for the fund: 1. Downpayment and existlng homes. closing assistance cost for ~. Scattered site housing. 3. Self-help housing. without should fair being new or 4. Housing activities to benefit elderly or disabled people similar to the Scottsville School Apartments and the Meadows. 5. Matching funds for a subd1vision. 6. Home ownership education. 7. Rehabilitation programs. 8 ex. l~tE~BeT!JR~ HE'=BN .F;>5AI'1PLES e e 1. INITIAL PURCHASE: Purchase Price: Added Value: Fa1r Market Value: 65.000 ~.'!OQQ 70.000 (determined by assesment) HOW FINANCED: Down Payment: 1 s t D.O. T. ( VHDA ) 2nd D.O.T.: 1.000 54.000 (deferred loan) (added value) 2nd D.O.T. total 10.000 5.0..Q_Q 15.000 ~~_QO 70.000 Total INVESTMENT FACTOR: (percentage of developer s equity in property at time of initial sale) 15,000 (amt. secured by 2nd). 70,000 (Fair Market Value ) 21 ~~ r\lote: The second deed of trust secures both the deferred loan and the added value. DISBURSAL OF FUNDS AND DEFERRED LOAN AT CLOSING: House building contractor 40.000 Cash to the Housing Trust Fund 15.000 Deferred loan owed to the Fund 1:~ , 000. Total 70.000 I ' e e e " . 2. EXAMPLE OF RESALE AFTER TWO YEARS: Suppose. that at the end of 2 years the house lS $72.828. This would reflect a 2% annual rate of Assume that no improvements were made. resold for appreciation. PAY OFF AMOUNTS: 1st D.O. T. (estimate) 2nd D.O.T. 53.500 Added Value: Deferred loan: Appreciatlon: 72.828 ::20.00Q 2.828 in ves t. f ac. t\________ 21./. return: 593 Payoff 2nd D.O.T.: Total Pay-off: 5.000 10.000 :~L9_;l 15.593 15 5'7<:, ---~_._, 69.093 ~eller Net: sale price: secured debt: net to seller: in1tial down pavment: galn from sale: 72.828 --99 . 09~ 3.735 - 1..!QQ2_ 2.735 Note: A 6% real estate commission (4.369) plus closlng costs would result in a loss to the seller. This demonstrates how securlng the added value discourages quick resales. ous1ng Trust Fund Net: Net amount to Hous1ng Trust Fund: 15.593 Minus origlnal deferred loan amount: 1Q~00Q Gain from appreciation and added value: 5.593 . to.. e :.3. EXAMPLE OF SALE AFTER SI X YEARS Suppose. that at the end of 6 years the house lS resold for $78.831. This would reflect a 2% annual ~ate of appreciatlon. Assume that the owner bUllt a deck with an assessed value of $1.800. e e PAY- OFF AMOUNTS: 1st D.O.T. (estimate) 2nd D.o.T. Added Value: 5.000 --,-_._--.?_~~ 1.250 51.COO 1.250 Principal: 10.000 10.000 Return: Resale price: oriq. FMV: Improvements: Ad j. Appr.: Invest. Fac.: X Return: 2nd DOT payoff: 78.831 -70,000 ~_L~_8 OQ 7.031 :?Li'~ 1.476.51 l-L.4Z{:> !1..726 Total Pay Off for 1st and 2nd: 63,,726 SELLER NET FROM SALE: 78.831 - 6:3.726 Down Payment: Paid Principal: Seller's Gain: 15.105 - 1.000 :-__~LOQ.Q 11.105 HOUSING TRUST FUND NET: Total amount paid to Fund : Original Deferred loan Prin.: Gain from apprec1ation and added value: 12.726 - 1 0 . O.og 2.726 /2t U /f't;v( ~f!/Y~ f t,0~/' Albemarle County, Virgin;. MEADOWCREEK PARKWAY STUDY ottp..f1 CITIZENS INFORMATION MEETING MEADOWCREEK PARKWAY STUDY JUNE 24, 1992 WOODBROOK ELEMENTARY SCHOOL i' AllHNnarIB County, Virginill MEADOWCREEK PARKWAY STUDY Purpose of this Meeting The purpose of this meeting is twofold: to inform you about the proposed Meadowcreek Parkway, and for you to tell us what factors you think are most important in the planning ofthe Meadowcreek Parkway. Your input is important - so please write your comments on the attached sheet and talk with a member of the Study Team or County representative. Purpose of the Study The purpose of this study is to determine whic.h Meadowcreek Parkway alternative will best serve the needs of Albemarle County, and which will minimize negative impacts. The study will c'onsider the currently planned CATS Alignment, the "No Build" alternative and several other possible alignments developed by the Study Team. Using objective criteria and your input the Study Team, in conjunction with County Officials, will determine a single best alignment for further study. A preliminary design will be made of this best alignment, and an environmental study will be conducted of the alignment on the basis of the preliminary design. As a result of the study county officials will know in the impacts and benefits of the Meadowcreek Parkway. The facility will have been placed using input from the citizens who'will use and be impacted by the facility. The study will also result in a preliminary design and greater understanding of the engineering challenges and costs. The Mesdowcreek Parkway The Meadowcreek Parkway will be a four lane, residential collector road connecting U.S. Route 29 and State Route 631 (Rio Road). The primary purpose of the Meadowcreek Parkway will be to serve local neighborhoods and local traffic to and from Rio Road and Route 29. The parkway will also serve commuter and through traffic. Although it may have a few interchanges and access will be limited, it is not a high {speed, interstate type facility. Furthermore, even though the largest - 1 - AJlNItrMrle County, Virgin;' MEADOWCREEK PARKWAY STUDY single benefit will be reduced traffic on Route 29 North, the parkway is not being developed as a Route 29 Bypass. To aid the parkway's ability to serve local neighborhoods a connector to the Hollymead and Forest lakes neighborhoods is being considered as part of the facility. This connector, referred to as the Timberwood Connector, would allow residents of Hollymead and Forest lakes a route to Rio Road and Charlottesville without accessing Route 29 North. A separate project, referred to as the Mcintyre Road Extended, will connect to the Meadowcreek Parkway at its southern termini to serve traffic heading to Charlottesville. Meadowcreek Parkway Alternatives The Study team has divided the Meadowcreek Parkway into three segments and has developed preliminary alternatives to best traverse each segment. Figure 1 in thi,s handout shows the general location of each alternative. The display maps show in more detail the proposed location for each alternative. Alternative locations are always subject to adjustments. These preliminary alternatives have been developed and located using aerial photography at the scale of 1 inch equals 400 feet. A single alternative will be selected and developed using topographic mapping at a scale of 1 inch equals 200 feet. At each stage of development more detailed mapping is used, and as a consequence, alignment shifts are inevitable. Impact Matrices The alternatives have been evaluated using measurable, objective criteria. The criteria show the impacts of each alternative in the following general areas: natural environment, historic and archeological resources, and socio-economic. A comparative summary of the impacts is shown in Figure 2. Please let us know which criteria you consider most importantl P l .2. . .... ":1 l N I f j '" . , ',/ -.( . I .J ~~ xa f; II _t' f<,.~.-:-/:('/ ~~// /1 Ii' -, .. .......~.... \~, "\ " 'il MEADOWCREEK PARKWAY STUDY ALBEMARLE COUNTY, VIRGINIA ~ ALIGNMENT ALTERNATIVES 'Ia I '12 SCNh N!{)(}O' OR/GINN.. SIZE IN INCHES >- ~ U) .!!~ i.~ ~~ ~~ ~ltl 85 -!~ J~ ~~ 'E'" CllXl E C .21 ;( ~ C :J ~ ~ ~ >- g ... U) IU ~ ~ ~ o o Gi E Cl 2:: ~ ~ Cl > .5 j! 0.......00 ~ 0.......00 ;::. 0"'000 ~ 0...000 >= o~...oo .... o 0(9"'-0_ & 0('1)...00 (; 00...00 ~ Nan_a..... NIO('I)O... UCiUCiM!UCiUCi o c( C Cl oX {!. : I ~ ~0 0:i' CII'ii.o 'E.2"Q ..,. l? 'i ]c~goCII Cl~~:D'E -~;t::e:!!.... Or-~c(CI_ :11.2E!';; 1i~-;;oOj~ :( 'ii OJ ~ l5 .~ -u.2.2C1111" Ii l?l?ctz11 ----to .22g.!!oo ls..'E-c":: .1i1i~~~ - ... ... 0 -- __ :Z:c(c(Il.:I::I: ~ ::l j ..........C\l0 ... ... 0"'0:8 0...02 OOO~ 00010 O...oeo ... 0-_(") ... 0001lO --o~ ...OO~ UCiUCiUCiUCi '01 ~ Cl 1; ~ J:>J:> .!! ~lic~ E~~~;€ -QClS~ :i..GiI" _ c: C (.) ~ CCI"iCC -3cc~~ ."ic-.: CII.);!.!!:i a:WIl.a:a: o NO('l)...O 0...0000 0000"'0 000000 000000 000000 000000 000000 0..........0......0 0--0.....0 UCiUCiUCiUCiL:.iM! o c( .!! .e ~ ... t! C CD ;€ E CII ~ ~ 'E =.1 ~ 'P" = E _.CII_ _ ~ ~'S E:D .Ii -as~ oX cc-...~s -3 Cl :c l5 .5 ... >- .-'!i~"'.ccl: EJ!l~.;t:::c8. C""!!~;t::o CI-!.!~"~~ :ECl:D..~" ~.li.2e88 .cEE:i5:l.c.c o~~.r<3~~ ""'OOOO~... C'). .-0 OOst... o 'OOOONO ... .......0000..-0 N' ...000...0 -'-"-OO~O ....Noomo ... N' "'000,,"0 N~......OO~O "" Ng('l) 000..,. N UCi~M!M!M!UCiM!M! 000 00 c(c(c( c(c( ~ ~ a: . C . ~ a: ~ 'E ~ ~ CI C cl.5'ii o ~Q. ~ ~8 WO'OiL"g 'ii~.c'O. _:i!QCSE - c CD .... ~~~<~ " .!! 11 .0 " " -ai ~ i ~-a] !o~j.5 G Ii "2 ! ~~~~ ~~~~. N N ... ~~O ,.: ~. N ~O G 00' ~~ vi 00' ~~ ..,- 00' ~~~~~ "" N ~~~~~ ui N ~~~~~ .0 N ~ ::l ~ ~O~~. N ui ... ~8~~' Ntrl N ~~~~~ C Cl o CI I '6'0 Cl12~ '0 tII 111 '0 -c-uc. lXI "C: .Q 0 ~lXIO..!::: .5~i!!l8.~ IC0...J~O .5iit~t CO~~Cl~ W.......J...J0...J o ~ ~ <3 ~ Edward H Bain Jr. Samuel Miller COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296.5843 FAX (804) 972-4060 F Jrrest R MarshalL Jr Scottsville David P. Bower an Charlottesville Charlotte Y. Hukphris Jack Jouett I I I Charles S Martm Rivanna Walter F. Perkins White Hall M E M 0 RAN DUM Melvin Breeden, Director of Finance Lettie E. Neher, Clerk, CM~ June 18, 1992 TO Board Actions of June 17, 1992 At the Board of Supervisors meeting on June 17, 1992, the rd approved the appropriation of $129,831.15 for the Gypsy h 1991/92 Program. Attached is the signed appropriation form. :ec achment Roxanne White Steven G. Meeks ...... .. APPROPRIATION REQUEST FIS 91/92 NUMBER 910056 TYP OF APPROPRIATION ADDITIONAL TRANSFER NEW X ADV RTISEMENT REQUIRED ? YES NO X EXPENDITURE CENTER/CATEGORY DESCRIPTION AMOUNT ******************************************************************** 112 034010110000 SALARIES-REGULAR $58,754.15 112 034010130000 PART-TIME SALARIES 31,800.00 112 034010160900 SALARY RESERVE-BONUS 2,788.00 112 034010210000 FICA 6,913.00 112 034010221000 VRS 4,925.00 112 034010231000 HEALTH INS 2,052.00 112 034010232000 DENTAL INS 120.00 112 034010241000 VRS-LIFE INS 427.00 112 034010270000 WORKER'S COMPo I~S 1,507.00 112 034010332100 MAINT. CONTRACT-EQUIPMENT 50.00 112 034010390000 OTHER PURCHASED SERVICES 50.00 112 034010520100 POSTAL SERVICES 1,370.00 1123034010520300 TELECOMMUNICATIONS 500.00 1123034010550100 TRAVEL-MILEAGE 4,000.00 1123034010550110 TRAVEL-POOL CAR 1,020.00 1123034010550400 TRAVEL-EDUCATION 960.00 1123034010580100 DUES & MEMBERSHIPS 170.00 1123034010600100 OFFICE SUPPLIES 700.00 1123034010601400 OTHER OPERATING SUPPLIES 10,150.00 1123034010601700 COPY SUPPLIES 400.00 1123034010800710 ADP SOFTWARE 775.00 1123034010360000 ADVERTISING 400.00 GYPSY MOTH OSE OF APPROPRIATION: OPRIATION OF GYPSY MOTH FY 91/92 BUDGET. TOTAL $129,831.15 REVENUE DESCRIPTION AMOUNT ************************************************************************ 2123033000330001 GRANT REVENUE-FEDERAL $117,152.00 2123051000512004 TRANSFER FROM GEN'L FUND 9,695.00 2123051000510100 APPROPRIATION FROM FUND BALANCE 2,984.15 TOTAL $129,831.15 ******************************************************************* STING COST CENTER: FINANCE VALS: SIGNATURE DATE TOR OF FINANCE ~.~~ //?-/~ OF SUPERVISORS ;~.~ i"; i ~ ;:~, i / /~ cQ.., &- - /,~ - ;'-..L-- 762 ' Ow / 7. r.:J--cJ ;"l! ~ COUNTY OF ALBEMARLE Department of Finance 401 Mcintire Road Charlottesville, Virginia 22901-4596 Telephone (804) 296-5855 ;; MEMORANDUM , T~: I I F,OM: I I D~TE: I I R,: I I Attached is an appropriation request for the Gypsy Moth 1991/92 ptogram. I Tte Grant is from Federal sources. The grant period runs from o tober 1, 1991 through September 30, 1992. The Contract was s gned in February, 1992. I I T~is appropriation request was postponed until the new Gypsy Moth C~ordinator became familiar with the accounting and record keeping requirements. The Contract and Grant is in the process ot being revised to reimburse termination benefits for the former C~ordinator. The revision is expected to be completed after June 3Q,1992. I I I C~py: Steven G. Meeks Robert W. Tucker, Jr., County Executive Robert J. Walters, Jr., Deputy Director of Finance,~ I' June 5, 1992 Appropriation of Gypsy Moth 1991/92 Grant . ," f I. J, ., " ; ; :,.' I' , l,' , .. ! : t\,j'JiU)I_," \1' '--/ "'-" l f LJ Edward H. Bai . Jr Samuel Miller COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296.5843 FAX (804) 972-4060 June 19, 1992 Forrest R. Marshall. Jr Scoltsville David P. Bowe man Charlottesville Charles 5 Martin Rlvanna Charlotte Y H mphris Jack Jouell Walter F Perkllls White Hall r. H. E. Matics estvaco corporation ood Department Manager ovington VA 24426 ear Mr. Matics: It has come to the attention of the Albemarle County Board of Supervisors that there is some consideration being given to moving he Westvaco Ivy Wood Yard to the Louisa-Fluvanna area. Obviously, he loss of jobs and related issues give us great concern. rom a statistical standpoint, we are advised that the Ivy Wood ard contributes upwards of $750,000 per year to our local economy. It employs a number of local residents and the yard alone ontributes $2,300 per year in local taxes to help support the perations of county government. These are factual components hich are easily measured as to Westvaco's impact in this ommunity. lthough more difficult to measure, the intangibles play an equal r greater role in your contribution to this county than the tatistics. The service which your organization offers in roviding an outlet for pulpwood is critical. In a developing ounty, this opportunity plays an important role in serving as an lternative to landfill disposal or open burning for site clearing ctivities. Additionally, small logging operations cannot be ustained without a market in close proximity to their activity. he cost of hauling any significant distance would be devastating o these small businessmen. In terms of future markets, it is important to note that there are pproximately 293,436 acres of forest land in Albemarle County as ell as 65,319 acres in Agricultural/Forestal Districts. As you now, the Agricultural/Forestal District concept provides a degree f protection against development pressures, thus assuring the reservation of this resource. Additionally, Department of orestry records indicate that there were 123,000 cords of pulpwood emoved in Albemarle County last year and almost twice that number eplaced. The future for pulpwood in this area appears to be quite ositive. ~ f , '. r'7: ; .; / / I ' U ~" ~;,")'. , .' ; ,,'" : ,/ j I i ",-" Lf Edward H. Bain. Jr Samuel Miller COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296.5843 FAX (804) 972-4060 June 19, 1992 Forrest R Marshall. Jr Scotlsville David P. Bower an CharloUesville Charles S Martin Riv~nna Charlotte Y Humphris Jack Jouett Walter F. Perkins While Hall M . William R. Small W stvaco Corporation M II Manager C vington VA 24426 D ar Mr. Small: has come to the attention of the Albemarle County Board of pervisors that there is some consideration being given to moving e Westvaco Ivy Wood Yard to the Louisa-Fluvanna area. Obviously, e loss of jobs and related issues give us great concern. om a statistical standpoint, we are advised that the Ivy Wood rd contributes upwards of $750,000 per year to our local economy. employs a number of local residents and the yard alone ntributes $2,300 per year in local taxes to help support the erations of county government. These are factual components ich are easily measured as to Westvaco's impact in this mmunity. A though more difficult to measure, the intangibles play an equal o greater role in your contribution to this county than the s atistics. The service which your organization offers in p oviding an outlet for pulpwood is critical. In a developing c unty, this opportunity plays an important role in serving as an a ternative to landfill disposal or open burning for site clearing a tivities. Additionally, small logging operations cannot be s stained without a market in close proximity to their activity. T e cost of hauling any significant distance would be devastating t these small businessmen. I terms of future markets, it is important to note that there are a proximately 293,436 acres of forest land in Albemarle County as w II as 65,319 acres in Agricultural/Forestal Districts. As you k ow, the Agricultural/Forestal District concept provides a degree o protection against development pressures, thus assuring the p eservation of this resource. Additionally, Department of F restry records indicate that there were 123,000 cords of pulpwood r moved in Albemarle County last year and almost twice that number r placed. The future for pulpwood in this area appears to be quite p sitive. .. COUNTY OF ALBEMARLE MEMORANDUM TO: Albemarle County Board of Supervisors ~r-- ~ FROM: Robert w. Tucker, Jr. , County Executive I DATE: June 12, 1992 RE: Westvaco Letter As you recall, the Board asked staff to develop a letter to be sent o t under the Chairman's signature expressing concern over any potential relocation plans being considered by Westvaco, located in I At ached, please find a draft which will be added to the June 17, 1992 co sent agenda for the Board's approval. Should you have any questions, please do not hesitate to contact me. /)sl k l1tJCLiC{ &//7/92- S~~,~md / DRAFT __,,,,,,___~-,,,,,,-,,-- Edward H. Bain, Jr. Samuel Millet COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 June 16, 1992~ Forrest R. MarshalL Jr. Scottsville David P. Bowojrman I Charlottesvi]l~ Charles S. Marlin Rivanna , Charlotte Y. Hpmphris Jack Jouett Walter F. Perkins White Hall M~. H. E. Matics W~stvaco Corporation Wpod Department Manager Cbvington VA 24426 D~ar Mr. Matics: , It has come to the attention of the Albemarle County Board of s~pervisors that there is some consideration being given to moving the Westvaco Ivy Wood Yard to the Louisa-Fluvanna area. Obviously, t~e loss of both the jobs and related issues, as well as the loss o~ the service which is provided to local logging operations, gives u~ great concern. From a statistical standpoint, we are advised that the Ivy Wood Y~rd contributes upwards of $750,000 per year to our local economy. It employs a number of local residents and the yard alone cpntributes $2,300 per year in local taxes to help support the operations of county government. These are factual components which are easily measured as to Westvaco's impact in this cbmmunity. I , A~though more difficult to measure, the intangibles play an equal oe greater role in your contribution to this county than the s atistics. The service which your organization offers in p oviding an outlet for pulpwood is critical. In a developing cpunty, this opportunity plays an important role in serving as an a~ternative to landfill disposal or open burning for site clearing abti vi ties. Addi tionally, small logging operations cannot be sustained without a market in close proximity to their activity. T~e cost of hauling any significant distance would be devastating to these small businessmen. , , Ip terms of future markets, it is important to note that there are approximately 293,436 acres of forest land in Albemarle County as well as 65,319 acres in Agricultural/Forestal Districts. As you kpow, the Agricultural/Forestal District concept provides a degree of protection against development pressures, thus assuring the preservation of this resource. Additionally, Department of Fprestry records indicate that there were 123,000 cords of pulpwood removed in Albemarle County last year and almost twice that number r~placed. The future for pulpwood in this area appears to be quite p~sitive. Mr. H. E. Matics J~ne 16, 1992 P~ge 2 of 2 I I Ip short, Westvaco is an outstanding corporate citizen in Albemarle Cpunty which in many ways helps to contribute to our fine quality o life. Any decision to move from our area would be a tremendous I ss which the Albemarle County Board of Supervisors would like to e reconsidered. If the Board or any of our staff can be of any sistance in identifying and addressing those issues which might ke it possible to keep your company in our county, please do not sitate to contact me. Sincerely, David P. Bowerman Chairman DpB/bat 9~-1 I I cF Board of Supervisors I - , -. Edward H. B~in. Jr Samuel Milltr I David P. Bowfrrnan Charlottesville I Charlotte Y I-jumphris Jack Jouett I , COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296.5843 FAX (804) 972-4060 Forrest R Marshall. Jr Scottsville Charles S Martin Rivannd Walter F Perkins White Hall June 18, 1992 M~. Donaldson P. Tillar H~admaster T~e Miller School Cqarlottesville, VA 22901-9328 I I Deiar Mr. Tillar: I , , : At its meeting on June 17, 1992, the Board of Supervisors, authorized the Chairman to sign the attached proclamation commemo- ra~ing the 200th birthday of Samuel Miller. ~Yours. Lettie E. Ne LEN:ec I I Attachment cc Bruce B. Barclay I PROCLAMATION SAMUEL MILLER DAY WHEREAS, Samuel Miller was born on June 30, 1792, in a small cabin high in the Ragged Mountains near Batesville; and WHEREAS, although born of humble means, Mr. Miller obtained an education and obtained considerable wealth; and WHEREAS, he sought to break out of his limited environment and improve the lot of the poor children in Albemarle County; and WHEREAS, upon his death, Mr. Miller left part of his estate to be used for "the founding, establishment and perpetual support of a School on the Manual Labor Principle' to be superintended by a compe- tent teacher or teachers, wherein, at all times, there shall be fed, clothed and instructed in all the branches of a good, plain, sound English education, wholly free of expense to the pupils, as many poor or-phan children and other children whose parents shall be unable to educate them"; and WHEREAS, this generous and benevolent bequest effectuated the educational experience which expanded and embraced thousands of students from all walks of life and which continues even unto this day; NOW, THEREFORE, BE IT RESOLVED, by the Board of County Supervisors of Albemarle County, Virginia, that June 30, 1992, is proclaimed to be SAMUEL MILLER DAY in celebration of the ~OOth Anniversary of his birth. tL2~~~ CHAIRMAN I) , ;, 7) .Ii~>) (; (L-t. J ',.' ,s.: uj'<P(i2- RESOLUTION WHEREAS, Samuel Miller was born on June 30, 1792, in a small cabin high in the Ragged Mountains near Batesville; and WHEREAS, although born of humble means, Mr. Miller obtained an education and obtained considerable wealth; and WHEREAS, he sought to break out of his limited environment and improve the lot of the poor children in Albemarle County; and WHEREAS, upon his death, Mr. Miller left part of his estate to be used for "the founding, establishment and perpetual support of a School on the Manual Labor Principle to be superintended by a compe- tent teacher or teachers, wherein, at all times, there shall be fed, clothed and instructed in all the branches of a good, plain, sound English education, wholly free of expense to the pupils, as many poor orphan children and other children whose parents shall be unable to educate them"; and WHEREAS, this generous and benevolent bequest effectuated the educational experience which expanded and embraced thousands of students from all walks of life and which continues even into this day; NOW, THEREFORE, BE IT RESOLVED, by the Board of County Supervisors of Albemarle County, Virginia, that June 30, 1992, is declared to be SAMUEL MILLER DAY in celebration of the 200th Anniversary of his birth. CHAIRMAN