HomeMy WebLinkAbout1992-01-22
T
FIN A L
January 22, 1992
7:00 P.M.
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) ZMA-91-08. Nellie Moubry. To rezone 9.9 ac from R-l to R-10. Property
on S side of R t 649 approx 750 ft W of Timberwood Pkwy. Sit~ in
Hollymead Community recommended for high density residential (11-34
du/ac). TM32,P29N. Rivanna Dist.
7) SP-91-68. James M. Johnson. FOf'-l'l-home-oeelif)l'ltieft-€lftss-B-oft-8,,:,4-l'les
zoftea - R "'"2-1'1fta -E€-8vef'lfty- Bish- - Pf'of)ef'ty-loel'll:ea -Oft -E -sid.e-of- R t-631
l'lf)f)f'OX -488 -ft -N -of -Piftehlif'st -€oli:r'h --'fMS8A,SeeA,P28:- --SeoUsviHe
Bish (Applicant is :requesting withdrawal of petition.)
8) Report from TJPDC Regional Housing Advisory Panel.
9) Report on request by Benton Downer re: The Galerie Restaurant
Property.
10) Appointments.
11) Approval of Minutes: April 17 and August 7, 1991.
12) Other Matters Not Listed on the Agenda from the BOARD.
13) Adjourn.
\
"
CON S E N T
AGE N D A
FOR INFORMATION:
5.1 Copy of Planning Commission Minutes for January 7, 1992.
5.2 Letter dated December 30, 1991, addressed to F. R. Bowie, from
Congressman George Allen.
5.3 Letter dated January 13, 1991, addressed to David P. Bowerman,
Chairman, from John G. Milliken, Secretary of Transportation, concerning
the sequencing of the several projects involving Route 29 in Albemarle
County.
5.4 Memorandum dated January 17, 1992, from Robert W. Tucker, Jr., County
Executive, entitled "School Division Revenue Update."
5.5 Memorandum dated January 16, 1992, from Robert W. Tucker, Jr., County
Executive, entitled "1992 PACC Work Program."
5.6 Monthly Bond Report from Arbor Crest Apartments (Hydraulic Road Apts.)
for the Month of December, 1991.
5.7 Copy of the Annual Report for 1991 from the Virginia Department of
Alcoholic Beverage Control, received and on file in the Clerk's Office.
5.8 Memorandum dated January 16, 1992, from Robert W. Tucker, Jr., County
Executive, entitled "Appointment to the local Salvation Army Board of
Directors."
5.9 Letter dated January 16, 1992, from the Zoning Administrator, to Cora L.
Fisher, entitled "Official Determination of Number of Parcels ... Section
10.3.1, Tax Map 85, Parcel 11."
5.10 Letter dated January 21, 1992, from the Zoning Administrator, to
Garland M. Gay, Jr., entitled "Official Determination of Number of Parcels
- Section 10.3.1, Tax Map 99, Parcel 108, Tax Map 99, Parcel l08A and
Tax Map 100, Parcel 14."
5.11 Letter dated January 13, 1992, from Ray D. Pethtel, Commissioner,
Department of Transportation, addressed to David P. Bowerman, Chairman,
:re: the Route 29 Bypass and its :relationship to the proposed Agnor-Hunt
Elementary School.
5.12 Letter dated January 17, 1992, from George R. S1. John, County Attorney,
enclosing copy of Order from the United States District Court for the
Western District of Virginia :re: Board of Supervisors of Albemarle County
v. Edward H. and Phyllis o. Ripper v. National Park Service, United
States Department of Interior.
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
Forrest R. Marshall. Jr.
Scottsville
David P. Bowerman
Charlottesville
Charles S. Martin
Rivanna
Charlotte Y. Humphris
Jack Jouett
Walter F. Perkins
White Hall
MEMORANDUM
TO:
Robert W. Tucker, Jr., County Executive
FROM:
V. Wayne Cilimberg, Director of Planning
and Community Developmea~^ J
Lettie E. Neher, Clerk, CMC~lI
January 23, 1992
DATE:
SUBJECT:
Board Actions of January 22, 1992
At the Board of Supervisors' meeting held on January 22, 1992, the follow-
ing actions were taken:
Agenda Item No.4. Other Matters Not Listed on the Agenda from the Public.
A citizen requested that the Virginia Department of Highways consider
installing a traffic light in front of the Colonnades and reduce the speed limit
from 45 miles per hour to 35 miles per hour. To be discussed on February 5,
1992.
Mr. Bowerman requested a review of County fees for use of park facilities.
Agenda Item No. 5.11. Letter dated January 13, 1992, from Ray D. Pethtel,
Commissioner, Department of Transportation, addressed to David P. Bowerman,
Chairman, re: the Route 29 Bypass and its relationship to the proposed Agnor-
Hunt Elementary School. Requested this item be put back on the February 5,
19~ Consent Agenda for information.
Agenda Item No.6. ZMA-91-08. Nellie Moubry. To rezone 9.9 ac from R-1
to R-10. Property on S side of Rt 649 approx 750 ft W of Timberwood Pkwy. Site
in Hollymead Community recommended for high density residential (11-34 du/ac).
TM32,P29N. Rivanna Dist. APPROVED subject to proffers I, 3 and 4 as set out in
letter dated November 22, 1991 from Ms. Marilynn R. Gale, L.S., Roudabush, Gale
& Assoc., Inc., addressed to Mr. Bill Fritz, Senior Planner, Albemarle County
Date:
Page 2
Robert W. Tucker, Jr.
V. Wayne Cilimberg
January 23, 1992
Memo To:
Planning Department; and subject to proffer as set out in the letter dated
December 9, 1991 from Ms. Marilynn R. Gale, L.S., Roudabush, Gale & Assoc.,
Inc., addressed to Mr. Bill Fritz, Senior Planner, Albemarle County Planning
Department, as follows:
1. The applicant agrees that any plan submitted for review to the County
after rezoning will honor a minimum 50 foot building setback buffer
(utility construction is not restricted) from the existing drainage
swale at the rear of Parcel 29N; the buffer will exceed 50 feet from
the point where contour 498 leaves the 50 foot buffer, and follow
contour 498 to the western property line, in order to protect critical
slopes in the buffer area. A topographic and boundary sketch dated
November 22, 1991, is attached for visual clarification. (Copy at-
tached.)
2. The applicant agrees that any plan submitted to the County after
rezoning will include areas reserved for construction of connecting
internal roads with 50 foot rights-of-way to adjacent properties, with
the exception of Forest Lakes townhouses, for future access as the
County may deem necessary. The applicant shall not be obligated for
the cost of construction of such connecting internal roads.
3. The applicant agrees to dedicate a 30 foot strip across the State
Route 649 frontage and reserve an additional 30 foot strip for future
road improvements by the County of Albemarle or Virginia Department of
Transportation.
4. The applicant agrees to reserve up to nine feet beyond the 30 foot
dedication and 30 foot reservation aforementioned, for construction of
a bike path. The applicant shall not be obligated for the cost of
construction of such bike path.
The applicant's representative agreed that the 30 foot dedication (Proffer
fl 4) will take place at such time as the site plan or subdivision plan is sub-
mitted to the County.
Agenda Item No.7. SP-91-68.
Class B on 0.4 acs zoned R-2 and EC
Rt 631 approx 400 ft N of Pinehurst
(Applicant is requesting withdrawal
1992, for letter from the applicant
James M. Johnson. For a home occupation
Overlay Dist. Property located on E side of
Court. TM90A,SecA,P20. Scottsville Dist.
of petition.) DEFERRED to February 12,
requesting withdrawal.
Agenda Item No.8. Report from TJPDC Regional Housing Advisory Panel.
AUTHORIZED the Chairman to sign a resolution of support for (1) Regional Pursuit
of HUD Home Funding and (2) Extension of the Regional Housing Strategy Advisory
Panel's Tenure and endorsed Thomas Jefferson Planning District Commission's
request that it serve as the managing body. (Copy attached.)
Memo To:
Robert W. Tucker, Jr.
v. Wayne Cilimberg
January 23, 1992
Date:
Page 3
Agenda Item No.9. Report on request by Benton Downer re: The Galerie
Restaurant Property. AUTHORIZED County Executive to sign pump and haul permit
with the proviso that the County is not obligating itself to anything by grant-
ing permit.
Agenda Item No. 10. Appointments.
Citizens.
REAPPOINTED Mr. W. Ivar Mawyer to the Equalization Board, representing the
Samuel Miller District, term ending December 31, 1992.
REAPPOINTED Mr. James B. Murray, Jr. to the Industrial Development Authori-
ty, representing the Scottsville District, for a term of four years, ending
January 21, 1996.
Board Members.
REAPPOINTED Mr. Perkins to the Agricultural & Forestal District Advisory
Committee.
APPOINTED Mr. Marshall and Mr. Perkins to the Building Committee.
REAPPOINTED Mr. Bain to the Children and Youth Commission (Annual Oversight
Committee).
REAPPOINTED Mr. Perkins to the Crozet Crossing Citizen Advisory Committee.
APPOINTED Mr. Martin to the Hazardous Materials - Local Emergency Planning
Committee.
APPOINTED Mr. Marshall to the Jaunt Board of Directors.
REAPPOINTED Mr. Bowerman, Mr. Bain and APPOINTED Mrs. Humphris to the Joint
Transportation Committee.
REAPPOINTED Mr. Bain and Mrs. Humphris to the Metropolitan Planning Organ-
ization, Policy Committee.
APPOINTED Mr. Marshall and REAPPOINTED Mr. Perkins to the Personnel Adviso-
ry Committee.
APPOINTED Mr. Martin to the Piedmont Job Training Policy Board.
REAPPOINTED Mr. Bowerman and APPOINTED Mrs. Humphris to the Planning and
Coordination Council.
REAPPOINTED Mr. Bain and Mr. Bowerman to the Thomas Jefferson Planning
District Commission.
Memo To:
Robert W. Tucker, Jr.
V. Wayne Cilimberg
January 23, 1992
Date:
Page 4
APPOINTED Mr. Bain and REAPPOINTED Mr. Perkins to the Audit Committee.
Agenda Item No. 12. Other Matters Not Listed on the Agenda from BOARD
members.
Requested the County Executive to coordinate with the City Manager a joint
meeting with City Council in an effort to generate communication lines. It was
suggested that the two bodies meet every other month. It was also suggested
that the first topic of discussion be schools.
Board members, Mr. Bain, Mr. Bowerman, Mrs. Humphris and Mr. Martin asked
to be notified when bills being introduced by Delegate Van Yahres and Delegate
Way, that pertain to Albemarle County, go to Committee.
Requested staff to contact the Albemarle County Service Authority Board of
Directors and provide a report back to this Board on whether a policy exists and
is being followed should an overflow from a pump station occur, when the Health
Department has to be notified, how the Health Department works with the
Albemarle County Service Authority, and most particularly what the situation is
at the pump station near the Gold Leaf Land Trust property near Carrsbrook.
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Attachments (2)
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Richard E. Huff, II
Roxanne White
Amelia Patterson
Bruce Woodzell
George R. St. John
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RESOLUTION OF SUPPORT FOR
( 1) REGIONAL PURSUIT OF HUD FUNDING AND
(2) EXTENSION OF THE REGIONAL HOUSING STRATEGY ADVISORY
PANEL'S TENURE
WHEREAS, there is a need to develop a regional housing strategy
for the localities in the ~homas Jefferson Planning District, and
WHEREAS, the regional housing strategy should address the issues
of the provision of affordable housing, of the rehabilitation of
substandard housing, and of the development of programs that promote
homeownership for all constituents in the Thomas Jefferson Planning
District, and
WHEREAS, the HOME program offered by HUD provides an opportunity
for the localities within the Thomas Jefferson Planning District to
develop and implement a regional housing strategy and to secure
federal funds to implement the strategy, and
WHEREAS, the work of the Regional Housing Strategy Advisory Panel
is required to see the preparation of the Comprehensive Housing
Affordability Strategy (CHAS) through to completion by October, 1992,
and
WHEREAS, the Albemarle Board of County Supervisors endorses the
Thomas Jefferson Planning District Commission to serve as managing
body,
(1) THEREFORE BE RESOLVED THAT the Albemarle Board of County
Supervisors does support a regional intent to apply for the HUD HOME
program by March 31, 1992, and so authorizes the County Executive to
act as the agent of the Board, and
(2) BE IT FURTHER RESOLVED THAT the Albemarle Board of County
Supervisors does expand the charge of the Regional Housing Strategy
Advisory Panel in order to apply for the HUD HOME program by October,
1992 and to seek HUD funding.
..
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Distributed to Board: L . f..-. . '" )
Agenda Item No. ~~"~T?;.OUSE OFFICE BUILDING
WASHINGTON. DC 20515-4607
(202) 225-6561
GEORGE ALLEN
SEVENTH DISTRICT. VIRGINIA
(!Congress of tbe 1tniteb ~tates
"OU5t of !\tprt5tntatibt5 CO'."
Ulasbtngton, mqc 20515-4607
. ,. . "',' ~.
December 30, 1991
)
."
The Honorable F. R. Bowie
Chairman, Board of Supervisors
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22901-4596
Dear Rick:
As you may know, I was recently sworn in as the united States
Representative for the Seventh Congressional District of Virginia.
I wanted to take this opportunity to provide you with the enclosed
copy of my opening speech to the House of Representatives.
Having been in Congress for over a month, and being able to
participate as dozens of bills were debated and acted upon, I was
asked recently whether the operation of Congress was better or
worse than I had anticipated. Sadly, the answer was that it is
worse than most people could imagine.
That is why one of my first official acts as a Congressman
was to cosponsor the congressional Pay for Performance Act. The
bill will require Congress to pass all of the general
appropriations bills prior to the end of the Fiscal Year, or the
pay of Congressmen will be withheld. This idea will force a
discipline on the irresponsible, dilatory practices of Congress.
I have come to Washington to fight for the taxpayers of the
Seventh District, and you can help me successfully represent your
views in Congress by communicating with my office. Your phone
calls and letters are welcome at any time.
Finally, if you are having a problem with a Federal agency,
my office may be able to be of assistance. Please do not hesitate
to contact my staff or me at any time.
It is an honor to work for you in the united States Congress.
THIS STATIONERY PRINTED ON PAPER MADE OF RECYCLED FIBERS
...
United States
of America
<rongrrssionat Rtcord
PROCEEDINGS AND DEBATES OF THE 1 02nd CONGRESS, FIRST SESSION
Vol. 137
No. 166
WASHINGTON , TUESDAY, NOVEMBER 12, 1991
House of Representatives
EXPRESSION OF HONOR AND
DUTY UPON BEGINNING SERV-
ICE IN THE HOUSE
Mr. ALLEN. Mr. Speaker, it is a
great honor and with a tremendous
sense of duty to the people of the Sev-
enth District of Virginia that I stand
before you today.
I come to this House with a mission
and with goals. I have not come to be
a member of a club, but rather to fight
for the taxpayers of Virginia. We need
to cease cla.<;s warfare and petty parti-
san bickering to get this economy
moving forward. We need to create
new jobs, cut taxes for American fami-
lies, adopt the balanced budget/tax
limitation amendment to the Constitu-
tion, and give to the President the
power that 43 Governors have-the
line-item veto.
The Congress needs to show self-dis-
cipline and say no to excessive spend-
ing and incessant meddling into pre-
rogatives of the States and the people.
I have previously had the privilege
of serving 9 years in Thomas Jeffer-
son's seat in the Virginia House of Del-
egates. I share Mr. Jefferson's view
that the government which governs
least governs best.
Further, we should be reminded of
President Jefferson's 1801 inaugural
address, when he said, "Government
should not take from the mouths of
labor the bread it has earned."
And I believe it is wise to remember
the philosophy of Patrick Henry, who
warned that the Federal Government
would become overburdel18ome and
oppressive. These have been, and will
continue to be, my guiding principles.
Mr. Speaker, I will fight hard to rep-
resent the people of my district and to
constructively improve and change the
operation of Congress. My constitu-
ents did not elect me to be a stump. I
look forward to rolling up my sleeves
and going to work right away.
Mr. Speaker, I would like to invite
my new COlleagues to a reception in
the Gold Room, 2186 Rayburn, begin-
ning this afternoon at 1:00. And in
case any of my friends here are wor-
ried-everything has already been paid
for.
ON
DISTRIBUTED TO BOARD MEh''Il':lbil:;,
'-/7-1 J
...
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
Forrest R. Marshall, Jr.
Scottsville
David P. Bowerman
Charlottesville
Charles S. Martin
Rivanna
Charlotte Y. Humphris
Jack Jouett
Walter F. Perkins
White Hall
MEMO TO: Members of the Board of Supervisors
FROM: Lettie E. Neher, Clerk, CMC /c!~
DATE: January 17, 1992
SUBJECT: New Agenda Folders
We have placed your agenda materials for January 22, 1992, in a
notebook which contains numerical dividers. We plan to do this
each week unless you do not care for this procedure. Please return
your folders at least once a month, with the dividers therein.
If an item is deferred, you may either pull that material, put your
name in the corner and lay that material on the counter so it may
be picked up by the Clerk and redistributed, or you may leave the
material in the notebook, as long as you also put your name in the
notebook.
By putting all materials into a book, the only loose paperwork will
be those extra items which are sometimes distributed at the Board
meeting itself.
If you experience any problems with this procedure, please call the
Clerk's Office, 296-5843.
lenj
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
Forrest R. Marshall. Jr
Scottsville
David P. Bowerman
Charlottesville
Charles S. Martin
Rivanna
Charlotte Y. Humphris
Jack Jouett
Walter F. Perkins
White Hall
January 24, 1992
Mr. Dan S. Roosevelt
Resident Engineer
Virginia Department of Transportation
P. O. Box 2013
Charlottesville, VA 22902-0013
Dear Mr. Roosevelt:
At its meeting on January 22, 1992, a request was made to the
Board that the Highway Department consider installing a traffic
light on Barracks Road in front of the Colonnades and reduce the
speed limit from 45 miles per hour to 35 miles per hour and to
please provide a report to the Board at the February 5, 1992
meeting.
s~~~
Lettie E. Neher, Clerk, CMC
LEN: bh
cc: Charlotte Humphris
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COMMONWEALTH of VIRij~NlA
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"istributed to Soard,: J -l1 Jj?
Agenda Item No. C{.'J. I ()j.l{)..(..5,3)
COU~:TY OF I\LtE o',T<l.f:
John G. Milliken
Secretary of Transportation
Office of the Governor
Richmond 23219
(804) 786-8032
TOD (804) 786-7765
January 13, 1992
The Honorable David P. Bowerman
Chairman, Albemarle County
Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22901-4596
Dear Chairman Bowerman:
This is in response to our previous correspondence from
former Chairman F. R. Bowie concerning the Commonwealth
Transportation Board's intentions regarding the sequencing of the
several projects involving Route 29 in Albemarle County.
On December 19, 1991, the Commonwealth Transportation Board
passed the attached resolution which states the intention of the
Board to adhere to the schedule of improvements as set forth in
its November 15, 1990 resolution.
In the course of discussing the enclosed resolution, and
prior to its approval, the Board agreed to its adoption with the
clarification suggested by Board Member Constance Kincheloe, that
the resolution was a statement of intent on the part of the
Commonwealth Transportation Board to follow a particular sequence
of design and construction and that the Board would follow that
sequence to the best of its ability and to the extent that it was
within its power to complete the proj~ct~ as scheduled.
I appreciate the cooperation extended by Albemarle County,
the city of Charlottesville and the University of Virginia in
attempting to resolve the issues involved with this most
important transportation fac~ ~
Sinc relY'~
I.. iI/Il./ ~A,~
hn G. Mil iken
-......-
JGM/mwc
Enclosure
cc: Mrs. Constance R. Kincheloe
Mr. Ray D. Pethtel
~!
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Moved by
Seconded by
Mrs. Kincheloe
Mr. Davies
, that
WHEREAS, in accordance with the statutes of the Commonwealth
of Virginia and policies of the Commonwealth Transportation
Board, the Commonwealth Transportation Board by resolution dated
November 15, 1990, approved the location of project 6029-002-122,
PE-100 in three phases; and
WHEREAS, the three phases provided for short range, medium
range, and long range recommendations for the construction of the
project in conjunction with other projects in the city of
Charlottesville and Albemarle County; and
WHEREAS, by letter dated August 1, 1991, the Albemarle
County Board of Supervisors has requested that this Board take
positive steps to commit to the priorities which were set forth
in the Board's resolution of November 15, 1990; and
WHEREAS, the Board believes that the orderly development and
funding of the various projects in accordance with the three
phases as set forth in the Board's resolution of November 15,
1990, is in the public interest; and
WHEREAS,
the Board recognizes
that state and
local
transportation priorities should be harmonized where possible;
and
WHEREAS,
it is the sense of this Board that the Department
of Transportation adhere to the schedule of improvements as set
forth in the November 15, 1990, resolution; and
f
,
-2-
WHEREAS, the Board strongly believes that the Route 29
Bypass should be constructed in concert with the remaining
construction projects of the CATS Plan after Phase 1 and Phase 2
recommendations of the Board's November 15, 1990, resolution has
been completed; now therefore
BE IT RESOLVED, that the Commonwealth Transportation Board
direct the Department of Transportation to take all steps and
make all efforts to complete the projects approved in its
resolution of November 15, 1990, as more fully set out in a
letter to F. R. Bowie dated November 4, 1991, from John G.
Milliken, which is attached hereto and made a part of this
resolution.
Motion carried.
12/19/91
COMMONWEALTH of VIRGINIA
John G. Milliken
Secretary of Transportation
Office of the Governor
Richmond 23219
(804) 786-8032
TOO (804) 786-7765
November 4, 1991
The Honorable F. R. Bowie
Chairman, Albemarle County
Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22901-4596
Dear Chairman Bowie:
This letter is intended to reply in more detail to your
letter of August 1. The Commonwealth Transportation Board (CTB)
is committed to the sequence of construction as set forth ~n the
CTB's November 15, 1990, resolution.
The CATS Plan is an approved Plan for the Charlottesville -
Albemarle County area and it is the intent of the Department and
the CTB to carry out that Plan as funding on the primary system
becomes available. To keep the Plan on schedule, however, it
will be necessary for the City of Charlottesville to keep its
projects at a high priority and for Albemarle County to schedule
the secondary projects in the CATS Plan.
It was never the intent of the CTB or the Department that
the CATS Plan not be carried out as currently proposed, provided
funding was available. However, the Department and the CTB
believe that a Route 29 Bypass is an integral and important part
of the regional transportation plan and will be needed in the
future, even with the implementation of the CATS Plan.
with those general comments in mind, I would like to review
the status of the three phases included in the CTB's November 15,
1990, resolution which were also addressed in your letter of
August 1.
Phase I. Short-ranqe Recommendations: The widening of Existing
Route 29 to six lanes with continuous right-turn lanes from the
Route 250 Bypass to the South Fork of the Rivanna River will be
accomplished by two projects as shown on Page 38 (Items 3 and 4)
of the 1991-92 Six-Year Improvement Program. The first project
from the Route 250 Bypass to Rio Road is scheduled for
construction in July 1993 and the second project, from Rio Road
to the river, is scheduled for advertisement in July 1994, all
subject to available funding. The design work is currently
underway.
:::
The Honorable F. R. Bowie'
November 4, 1991
Page Three
2. The remainder of Phase I contained in the
CTB's resolution of November 15, 1990.
3. The completion of the Meadowcreek Parkway
from the Route 250 Bypass to Route 29 north
as urban and secondary road funding becomes
available for the facility's right-of-way
acquisition and construction cost.
4. The construction of the interchanges on Route
29 north at Rio Road, Hydraulic Road and
Greenbrier Dl:ive as traffic demaiiids and
funding permits.
5. The preservation and acquisition of right-
of-way for Alternative 10. This will be
accomplished as funding is available for this
established corridor's right-of-way
acquisition and construction.
In closing, I trust that this letter assures the County of
the Department's and the Commonwealth Transportation Board's
commitment to the construction of the CATS Plan and that the
County will assist the Department in preserving right-of-way for
the approved corridor for the Route 29 Bypass.
If the contents of this letter meet with your approval and
if the County wishes to move forwa~d with the preservation of
necessary right-of-way, I would be pleased to bring the attached
draft resolution before the CTB fo its conQfirrence.
/' Sin~erelY'
ii ; I I
"-", \- j/l~ V'/'+,~
ohn G. l.l1 liken
JGM/cmg
Attachment
cc: Ms. Constance R. Kincheloe
Mr. Ray D. Pethtel
Richard L. Walton, Jr., Esquire
COUNTY OF ALBEMARLE
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...
MEMORANDUM
TO: Albemarle County Board of Supervisors
FROM: Robert W. Tucker, Jr., County Executive
DATE: January 17, 1992
RE: School Division Revenue Update
Attached is a memorandum from Dr. paskel with recent revenue
estimates for FY 91-92 and projections for FY 92-93 as of December
31, 1991. I am somewhat encouraged by these figures and obviously
hopeful that they will not be reduced any further. You will recall
that budgeted State revenues for schools actually decreased from FY
90-91 to budgeted figures for FY 91-92 by approximately $550,000 or
2.72%. These attached projections show an increase in State
revenues for FY 92-93 of $2.2 million or 12.4% for a total school
division revenue projection increase of $3.19 million or 6.3%.
This is fairly significant when you consider our total school fund
revenue for this year was 3.58% over FY 90-91.
Should you have any questions concerning this matter, please feel
free to contact me.
RWT,Jr/dbm
92.014
Attachment
cc: Robert W. Paskel
ALBEMARLE COUNTY PUBLIC SCHOOLS
Memorandum
DATE:
FROM:
January 16, 1991
Robert W. Tucker Jr., County Executive
Robert W. Paskel, Division superintenden~~~\~
FY 1991-92 and FY 1992-93 Revenue Update
TO:
RE:
Attached please find a summary of our FY 1991-92 and FY
1992-93 revenue projections. Our October estimates have been
revised based on the recent information received from the state.
The FY 1991-92 revenue estimates have been revised downward to
adjust for the lower than anticipated state sales tax revenue.
The result of state budget reductions due to sales tax revenues
and the additional state funding ($108,524.00) received in
October 1991 is a net loss of $125,030.00 in revenue. The
remaining $92,443.00 of the $217,473.00 difference is due to a
change in our VRS projections.
Anticipated state revenue for FY 1992-93 has also been
revised downward by approximately $505,000.00. The decrease is
attributed to revised estimates for basic aid and sales tax
revenue ($400,000.00) and the elimination of our Drop Out
Prevention Grant ($105,000.00). The funding status of the Drop
Out Prevention Grant will not be known until sometime in March.
I have attached copies for the Board of Supervisors should
you want to share this information with them. Please do not
hesitate to contact me or Tracy Holt for further clarification.
Thank you.
\TLSH
Attachments
V OF 1\1 R....~.." I)! E
COUNT I h_.::Jt..lvitH\;...
E.,X"'::CUTIVE GFF1CE
ALBEMARLE COUNTY PUBLIC SCHOOLS
REVENUE ESTIMATES
ESTIMATED MARCH 31,1993 ADM OF 10,250
SUPT. MEMO NO. 133, SEPTEMBER 11,1991
PROJECTED
FY 1991-92 REVENUE
AS OF 10-31-91
PROJECTED
FY 1992-93 REVENUE
AS OF 10-31-91
LOCAL - SCHOOLS
$415.585
$415.585
STATE
$18.178.795
$20.766.349
FEDERAL
$433,314
$433.314
LOCAL-TRANSFERS
$31,463,182
$32,353,492
TOTAL
$50,490,876
$53,968,740
SUPT. MEMO NO.4, JANUARY 8, 1992
PROJECTED
FY 1991-92 REVENUE
AS OF 12.31.91
PROJECTED
FY 1992.93 REVENUE
AS OF 12.31.91
LOCAL - SCHOOLS $415,585 $418.065
STATE $17.961.322 $20,180.194
FEDERAL $433.314 $511.314
* LOCAL-TRANSFERS $31,463,182 $32,353,492
TOTAL $50.273,403 $53,463.065
CHANGE IN ESTIMATES ($217,473) ($505,675)
* EXCLUDES THE $189,567 REAPPROPRIATION OF FY 1990-91 FUND BALANCE
1/13/92
Oistributea to Board~ 1-11;. ~ '
Agenda Item N\). 'T~ I OiJ.:t..tS ~ 5"")
COUNTY OF ALBEMARLE
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MEMORANDUM
:.- 1,;
TO:
FROM:
DATE:
RE:
Albemarle County Board
January 16, 1992
of Supervisors ~
County Executiv~1
Robert W. Tucker, Jr.,
1992 PACC Work Program
The Planning and Coordination Council (County, City, U.Va.) will be
having its first meeting of the year in February and I am
soliciting items of interest that you may have or feel should be
discussed/analyzed by PACC during 1992. The PACC Technical
Commi ttee members are currently reviewing potential regional growth
management strategies and infrastructure needs. If there are other
items that you feel would be of interest to the County and/or the
region for PACC consideration, please contact me with your
suggestions by January 31, 1992.
RWT,Jr/dbm
92.013
cc: V. Wayne Cilimberg
Director of Planning & Community Development
A
AT.A
;' 'i.C:'~;i.lti /-L2:Ue _
~iff1!l<ll~"'nl ~.".'l~,QtJJ(5:~)
111 South Calvert Street
Suite 1540
Baltimore, Maryland 21202
(~I~RT;~?,9~ 7 500
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January 14, 1992
,
I'
4./
Mr. Bob Richardson
Sovran Bank, N.A.
Post Office Box 26904
Richmond, Virginia 23261
Re: Arbor Crest Apartments (Hydraulic Road Apts.)
Dear Mr. Richardson:
Enclosed please find the Bond Program Report and Monthly Report
Pursuant to Section 7(a) of the Deed Restrictions for the month
of December 1991.
If you have any questions, please do not hesitate to contact me
at 410-659-7500.
Sincerely,
G\)I!JCY- '1!-1iIJ-rr-jJj1--
Sheila H. Moynihan l
Project Monitor
/shm
enclosures
c c :'Ms}i'B1!i~ti-i'<<':~Aer'
Clerk of the Board of Supervisors
Albemarle County Office Building
401 McIntire Road
Charlottesville, VA 22901
;
BONO PROGRAM REPORT
Month
December
Year 1991
Pro~t1y: Arbor Crest Apartments (Hydraulic Road Apts.)
location: Charlottesville, VA
Submll1.d ~y: Loretta Wyatt
MIr\A~r
I. LOwtR INCOME
Project .:
Number of Units
January 6, 1992 Effective
D.Te
Total Occupied
Bond Occupied
051-35371
66
12/31/91
66
15
The lollowlng units ha~ been deslgnaled as "lower Income" units
1 Arbor Crest Dr. 21 Eleanor Blair 41 el.
2 4 Arbor Crest Dr. 21 Margaret Q. Sandford
42 62.
3 5 Arbor Crest Dr. 23 Fannie G. Tisdale 43
63.
4 6 Arbor Crest Dr. 24 George C. Barnett, S-'i.
&4.
5 9 Arbor Crest Dr. 25 Virginia Burton .5
6~.
6 12 Arbor Crest Dr. 26 . G. Robert Stone 46
6e.
7 . 15 Arbor Crest Dr. 21 Jane Wood 41
e7.
lS 20 Arbor Crest Dr. 28 Evelyn Mandeville 48 6a
9 24 Arbor Crest Dr. 29 Gertrude Breen 49
69.
10 .-Ii Arbor Crest Dr. 30 Ernest M. Nease 50
10.
U 84 Arbor Crest Dr. 31 Juanita Boliek ~1
71.
12. 86 Arbor Crest Dr. 31 Mary A. Hoxie 52. 72.
13 90 Arbor Crest Dr. 33 Florence Wheeler 53
73.
14 94 Arbor Crest Dr. 34 Sarah E. Fischer 54
14.
15 106 Arbor Crest Dr. 35 Katherine T. Nowlen55 75.
16 36 ~ 7&.
11 37 57. 77.
III 38 $&.. 78.
19 39 - 59 18.
~'O 40 60 eo.
T /'\e enan~s from P'C'VIOUS repa" rfOlleeted in the abOve hslang ".
O.I.llona Mdt1Sone
.,. H 1." 11.
2 12 2 12.
3 13 3. 13.
.. 14 4. 1..
5 15 5 15.
6 16 6 1&.
7 \1 7 17.
e " e.. 'a..
I 19 I ,t.
lO 20 10. 20.
Effective December 31, 1991
MONTHLY REPORT PURSUANT TO
SECTION 7(a) OF THE DEED RESTRICTIONS
TO: ABG Associates, Inc.
300 E. Lombard Street
Baltimore, Maryland 21202
RE: Hydraulic Road Apartments - Aroor Crest Apart:ments
Charlottesville, Virginia
Pursuant to Section 7 (a) of the Deed Restr ictions (the "Deed
Restrictions"), as defined in an Indenture of Trust dated as of
Apr ill, 1983, between the Industr ial Development Author i ty of
Albemarle County, Virginia (the "Authority"), and your bank, as
trustee, the under signed author ized representative of
Richmond-Albemarle Limited Partnership, a Virginia Limited
Partnership (the "Purchaser"), hereby certifies with respect to
the operation and management of Hydraulic Road Apartments,
Charlottesville, Virginia (the "Project"), that as of the date
shown below:
1) The number of units in the Project occupied by
lower income tenants is 15 .
2) The number of units in the Project unoccupied and
held available for Lower Income Tenants is -0-
.
3) The number of units rented and the number of units
held available for rental other than as described in
(1) and (2) is 51.
4) The percentage that the number of units described in
(1) and (2) hereof constitute of the total number of
units in the Project is 23% .
5) The information contained in this report is true,
accurate and correct as of the date hereof.
6) As of the date hereof, the Purchaser is not in
default under any covenant or agreement contained
in the Deed Restrictions or in an Agreement of Sale
dated as of April 1, 1983, between the Authority and
the Purchaser.
IN WITNESS WHEREOF, the undersigned has signed this Report as of
January 6, 1992 , t9ii~
RICHMOND-ALBEMARLE LIMITED
PARTNERSHIP, a Virginia
limited partnership
~ - -_/--
By: G'\-c"....."<-<-C.<"Ci _ ;1;-- .?-/n/~
Authorized Representative
Distributed to Board: J -/ 1 ~q ~
Agenda Item No. q;J.oJJ/){S:. ~
COUNTY OF ALBEMARLE \,;:1"\-"1 r,:' '; ~""'q~ 1:
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MEMORANDUM
TO:
FROM:
DATE:
RE:
Albemarle County Board of s~s
Robert W. Tucker, Jr. ~I
January 16, 1992
Appointment to the Local Salvation Army
I have recently been contacted by Mr. Brad Eure, a member of the
Board of Directors of the local Salvation Army, inviting a member
of the Board of Supervisors to serve on the Salvation Army Board of
Directors. Mr. Eure indicates that their Board meets once a month,
usually over lunch, and not more than an hour to an hour and a half
per meeting. He further stated that the Board members are
responsible for payment of their lunch as well as the annual awards
banquet held by the Salvation Army. He also stated that if this
were a problem for a member of our Board to share in those expenses
he felt some other arrangement could be made.
Should any of you be interested in serving on the Board of
Directors of the Salvation Army or should you have any further
questions, please feel free to contact me or Mr. Eure at WCHV/3WV
by the end of this month.
RWT,Jr/dbm
92.012
CONSENT AGENDA 5.9
1-22-92
~
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
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. January 16, 1992
Mrs. Cora L. Fisher
Route 1, Box 261
Afton, virginia 22920
RE: Official Determination of Number of Parcels - Section 10.3.1
Tax Map 85, Parcel 11
Dear Mrs. Fisher,
The County Attorney and I have reviewed the chain of title you
have submitted for the above-noted property. It is the County
Attorney's advisory opinion and my official determination that
this property consists of 2 separate parcels, which total 6.88
acres. The larger parcel contains 6.25 acres; the smaller, a
pie-Shaped lot to the northeast, contains .63 acres. Each of
these lawfully separate parcels is entitled to associated
development rights. There is one additional lot; therefore, than
is shown on the tax map.
This determination considered the descriptive clauses of the
deed, which delineate and enumerate the property as consisting of
two parcels. This consideration is based on the findings of the
Va. Supreme Court in the case, Faison v. Union Camp 224 VA 54.
The most recent deed of record as of the date of adoption of the
Zoning Ordinance is found in Deed Book 410, Page 68. It is dated
August 11, 1965 from Anna Belle Kirby to Nay A. Fisher and Cora
L. Fisher. This deed describes the properties as follows:
a tract of land, consisting of two parcels . . . containing
6.88 acres and fully described by metes and bounds in deed
from Downing L. Smith and wife dated December 1, 1950,
recorded in the Clerk's Office of the Circuit Court of
Albemarle County in D. B. 293, p. 248 . . . Reference is
made to the aforesaid deed for a more detailed description
of the property herein conveyed.
In Deed Book 293, Page 248, metes and bounds are provided for two
parcels totalling 6.88 acres.
.' .
Page 2
January 16, 1992
Anyone aggrieved by this decision may file a written appeal
within thirty (30) days of the date of this letter. If you have
any questions, please feel free to contact me at your
convenience.
Sincerely,
~M~~~
Zoning Administrator
AMP/bt
cc: Jan Sprinkle
Gay Carver
Estelle Neher, Clerk to the Board of Supervisors
Reading Files
NOTE:
1 additional parcel
1 by Tax Map, 2 by determination
II'" oY AL&>",
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CONSENT AGENDA 5.10
1-22-92
D..
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ON .."~-"j'::::'_?:::~~.:~Z~~_
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
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January 21, 1992
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Garland M. Gay, Jr.
3611 Manton Drive
Lynchburg, VA 24503
RE: REVISED ACREAGE BASED ON SURVEY (To October 25, 1991 letter)
OFFICIAL DETERMINATION OF NUMBER OF PARCELS - section 10.3.1
Tax Map 99, Parcel 108, Tax Map 99, Parcel 108A, and
Tax Map 100, Parcel 14
Dear Mr. Gay,
This letter serves to revise that of October 25, 1991, to reflect
actual acreage by survey to parcel #2 below. This property was
surveyed by S. L. Key, dated October 30, 1991. This shows 6.857,
instead of 3 1/2 acres for #2, therefore three (3) development
rights exist.
The County Attorney and I have reviewed the documents you have
submitted for the above-noted property. It is the County
Attorney's advisory opinion and my official determination, that
this property consists of five (5) separate parcels:
Tax Map 99, Parcel 108 is two (2) parcels;
Tax Map 99, Parcel 108A is one (1) parcel; and
Tax Map 100, Parcel 14 is two (2) parcels.
Each of these lawfully separate parcels is entitled to associated
development rights. This determination results in two (2) more
parcels than is shown with a parcel number on the County tax maps.
This determination considered the descriptive clauses of the deed,
which delineate and enumerate the property as consisting of four
(4) parcels. This consideration is based op the findings of the
Va. Supreme Court in the case, Faison v. Union Camp 224 VA 54.
In addition, parcel 108 is divided by dedicated road right-of-way
for Route 631. This is based on the Sanford V.A.C. Board of
Zoning Appeals case.
The most recent deeds of record as of the date of adoption of the
Zoning Ordinance describe the following parcels:
)
January 21, 1992
Garland Gay, Jr.
Page 2
1. (TM 99-108) Approximately 5 1/2 acres lying on the east side of
Route 631 - 2 development rights possible; (DB 107, Pg. 227
dated May 7, 1895 from W. H. Garland, Jr. to Nathaniel Garland,
Jr. )
2. (TM 99-108) 6.857 acres lying on the west side of Route 631 - 3
development rights; (DB as for #1 preceding.)
3. (TM 99-108A) Approximately 1 1/2 acres - 1 development right
possible; (DB 175, Pg. 455 dated November 23, 1917 from Ned
Reed and wife to D. M. Garland.)
4. (TM 100-14) 72.74 acres - 5 development rights possible; (DB
116, Pg. 100 dated August 21, 1899 from M. Woods to D. M.
Garland. )
5. (TM 100-14) 165.25 acres - 5 development rights possible; (DB
143, Pg. 430 dated July 26, 1910 from Charles Jones to D. M.
Garland, and DB 146, Pg. 183, dated May 5, 1911 from R. H. Wood
to D. M. Garland.)
Anyone aggrieved by this decision may file a written appeal within
thirty (30) days of the date of this letter. If you have any
questions, please feel free to contact me at your convenience.
Sincerely,
~~ m-R~
Amelia M. Patterson
Zoning Administrator
AMP/sp!:--r
cc: Jan Sprinkle
Gay Carver
Estelle Neher, Clerk to Board of Supervisors
David Carter
Reading Files
0-91-03
NOTE:
2 additional parcels
3 by Tax Map, 5 by determination
DATE
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AGENDA ITEM NO.
AGENDA ITEM NAME
DEFERRED UNTIL
Form. 3
7/25/86
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COUNTY OF ALBEMARLE
Office of County Attorney
416 Park Street
Charlottesville, Virginia 22901
Telephone 296-7138
JAMES M. BOWLING, IV
DEPUTY COUNTY ATTORNEY
January 17, 1992
GEORGE R ST.JOHN
COUNTY ATTORNEY
Mr. Robert W. Tucker, Jr.
County Executive
401 McIntire Road
Charlottesville, Va. 22901
Mr. V. Wayne Cilirnberg
Director of Planning
401 McIntire Road
Charlottesville, Va. 22901
Mr. Forrest R. Marshall, Jr.
Route 6, Box 305A
Charlottesville, Va. 22902
Mr. Charles S. Martin
200 Pineridge Lane
Charlottesville, Va. 22901
Mr. David P. Bowerman
401 Berwick Court
Charlottesville, Va. 22901
Mrs. Charlotte Humphris
109 Falcon Drive
Charlottesville, Va. 22901
Mr. Walter F. Perkins
Route 3, Box 79
Crozet, Virginia 22932
Re: Board of Supervisors of Albemarle County v. Edward O.
Ripper, et al.
Ladies and Gentlemen:
On January 15, 1992, Honorable James H. Michael, Jr., Judge
of the U. S. District Court for the Western District of Virginia,
decided the Ripper case involving the blockage of the old Brown's
Gap Turnpike, in favor of the County.
I enclose copies for each of you, of Judge Michael's
opinion.
The opinion sustains the position taken by the County from
the beginning.
If you have time to read this opinion, it is an excellent
analysis of the law governing old, unabandoned public roads and
the procedure which must be used if they are to be abandoned.
I am going to ask that the Clerk put a copy of this opinion
with the minutes concerning the status of this road.
GRStJ/tlh
Sincerely Your~s, ~__
~~-\U2-~~ )~
George RW St. Jo n
County Attorney
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
CHARLOTTESVILLE DIVISION
Cross-Claim Defendant
) CIVIL ACTION NO. 90-0019-C
)
)
)
)
)
)
)
)
)
o R D E R
li" Ii .__
BOARD OF SUPERVISORS OF
ALBEMARLE COUNTY,
Plaintiff
v.
EDWARD H. RIPPER, and
PHYLLIS O. RIPPER,
Defendants
. :\ ~ -~ 1 :. ~:
v.
~::}{2E.r-. r~;",.~' r.v~'rjJ--. -;;
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NATIONAL PARK SERVICE, UNITED
STATES DEPARTMENT OF INTERIOR,
JUDGE JAMES H. MICHAEL, JR.
For the reasons stated in the accompanying Memorandum Opinion,
it is this day,
ADJUDGED AND ORDERED
...
that:\
\
1)
Plaintiff Albemarle County's motion for summary judgment
shall ,be, and it hereby is, granted;
2) Defendants Edward H. and Phyliss O. Ripper, shall be, and
they hereby are, ordered to remove any gate on their land now
obstructing state route 629, and are permanently enjoined from
obstructing or interfering in any way with public access and travel
over that road;
1
3) Third-Party Defendant National Park Service's motion to
dismiss, having been rendered moot by the granting of the Albemarle
County's motion for summary judgment, shall be, and it hereby is,
dismissed;
4) This matter shall be, and it hereby is, dismissed and
stricken from the docket of this Court.
The Clerk of the Court is hereby directed to send a certified
copy of this Order to all counsel of record.
ENTERED:
A" /0{'L'~~'/? -///,'
Judge' / / /
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Date
A '{'RUE COpy, TH:3';J:;:
~~yca F. Wlttt G~0T~
BY::' - f.-j-1 C l/fl~/' tI
Del)'.11:.Y Cl ql"V
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2
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
CHARLOTTESVILLE DIVISION
BOARD OF SUPERVISORS OF
ALBEMARLE COUNTY,
Plaintiff
v.
EDWARD H. RIPPER, and
PHYLLIS O. RIPPER,
Defendants
v.
NATIONAL PARK SERVICE, UNITED
STATES DEPARTMENT OF INTERIOR,
Cross-Claim Defendant
)
)
)
)
)
)
)
)
)
)
CIVIL ACTION NO. 90-0019-C
'_'.",,~il
MEMORANDUM OPINION
~ , '1 .4
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"-- _._---~...- -----
JUDGE JAMES H. MICHAEL, JR.
This matter comes before the Court on Plaintiff's motion for
summary judgment.
In 1989, the Defendants, Edward and Phyllis
Ripper (the Rippers)
".
Albem~r Ie County in
\
\
purchased a farm in the extreme northwest of
an area known as Brown's Cove.
The back
portion of the farm abuts the Shenandoah National Park (the Park).
Route 1629, which intersects with Rt. 624 at the front of the
property, passes through the Rippers' property for about a mile
before state maintenance ends, and continues in an unmaintained
1
condition up to and through the Park.1 The issue dispositive of
this motion (and of the case) is whether the unmaintained portion
of the state road that traverses the Rippers' land has been
abandoned by a public authority with abandonment jurisdiction,
thereby extinguishing the public right of way.
The Ripper's attorney at the time of their purchase
assured them they had perfect title to the property, free of any
right of way by virtue of the old road. The Rippers installed a
gate across the road at the point at which state maintenance ends
and subsequently petitioned the County of Albemarle (the County)
to abandon the maintained portion of Rt. 629 that traverses their
property. The County reviewed the matter and concluded that the
old road, beyond the end of state maintenance, might still be
public and that the road could provide a useful access to the Park.
The County denied the petition and instructed its attorney to file
a bill of injunction against the Rippers commanding the removal of
their gate across the road.
The Rippers filed a counterclaim against the County and joined
the ~ational Park Service (the Park Service) as a cross-claim
defendant. With respect to the County, the Rippers seek an
injunction against it from interfering with their rights in the
land either by representing it as a public road or by encouraging
trespassing thereon. They further seek damages for the County's
alleged taking of their land. With respect to the Park Service,
1
Route 629 was once a toll road that crossed the mountains
from Albemarle to Rockingham County. It was built in 1800 and is
known historically as Brown's Gap Turnpike.
2
which has also maintained for many years a gate across the road at
the Park's boundry, the Rippers seek permanently to enjoin it from
using the road without their permission, and from representing the
road as a public road and encouraging the public to trespass
thereon.
The Park Service removed the case to this Court, and filed a
motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(6), Fed. R.
Civ. Proc. The Park Service also claims that the allegations of
the Third-Party Complaint establish a prescriptive easement and an
actual right of way across the Rippers' land, and deny that any
factual allegations establish an abandonment of such easement.
The parties agree that the decisive issue in this case is
whether the segment of road in question-- that between the end of
state maintenance and the beginning of the park-- has been
abandoned as a public road. This question has led the parties to
engage in a careful review of superceded state codes, old maps,
and Virginia Highway Department documents dating back to the 1920s
and 1930s, when the Commonwealth conveyed the lands that now
cons~itute the Shenandoah National Park to the United States. 2
\
That <!:onveyance led the Commonwealth to j'eliminate" that portion
of Rt. 629 that crossed the new federal park. See Letter from Gose
to Mullen of June 20, 1936.
It is the import of the word
2
Defendants have asserted a 'need for further discovery
only if summary judgment is not granted against them. The parties,
with the concurrence of the Court, determined that such additional
discovery should, in the interest of judicial economy, be deferred.
The parties have also agreed that all discovery necessary to
present this motion has been completed. The Court has agreed to
accept their vouched-for but uncertified documentary evidence.
3
"eliminate" that the Court must determine in order to decide this
motion.
The County contends that as a matter of law, the Highway
Department had no power to abandon Rt. 629 or any other secondary
road. Moreover, it argues as a matter of fact, that the County
never intended or acted to abandon the portion of Rt. 629 that
crosses the Rippers' land.
The Rippers disagree with both points.
They respond first
that the Highway Department shared with local authorities the power
to abandon secondary roads. They rely for this proposition on S
7 of the Byrd Secondary Highway Act of 1932. Under that section,
either the Highway Department, or at its behest a county, could
condemn land for new secondary highways. See Va. Code Ann. tit.
18, S 1975nn (1936). The implication the Rippers wish the Court
to draw is that the power of abandonment should be construed in
pari materia with S 7, and therefore the Highway Department also
shared abandonment jurisdiction with local authorities.
The Rippers also contend that under pre-1950 superceded
editions of the Virginia Code, the words "discontinue" and
\
"abanclion" were interchangeable for purposes of abandoning a road
altogether as a public road.
\
See Bond v. Green, 189 Va 23, 32
(1949)' ("when a highway is discontinued or abandoned, the land used
,
for that purpose immediately becomes discharged of the servitude")
(emphasis supplied).
Thus, the Rippers argue that 1936 Highway
Department correspondence using the word "eliminate" with respect
to roads around the new Park, similarly suggests an intent to
4
abandon Rt. 629 causing the road to revert back to the holder in
fee of the land.
The Court must disagree with both propositions. First, the
Ripper's argument that the abandonment provisions of the 1936 code
should be read in pari materia with the eminent domain provisions
is fundamentally flawed. Although the Byrd Secondary Highway Act
of 1932 transferred to the Highway Department most of the local
authorities' powers over the newly created secondary highways, 3
there was one crucial exception:
The jurisdiction and procedure for abandonment of roads
in the secondary system of State highways, shall remain
in the local road authorities as now provided by law
Id. S 197500. Section 197500 leads the Court to conclude that the
Highway Department did not possess statutory authority to abandon
Rt. 629.
To accept the Ripper's in pari materia argument would
require the Court to reject the plain language of the 1936 Code.
Instead of abandoning the road, when the Highway Department
"eliminated" a portion of it outside of the Park, it simply dropped
it from the secondary highway system. Under the law of the 1930s,
'"'
that ~ccurrence should not have affected the status of Rt. 629 as
a publ,ic road:
In case of the abandonment of any section of any
rbad or any railroad crossing under the provisions of
this act as a part of the State highway system, such
section of road or such crossing, shall remain a public
3
In 1930, Virginia's roads were divided into the state
highway system and county roads. See Va. Code Ann. tit. 18, chs.
83-84 (1930). The Byrd Secondary Highway Act of 1932 caused a
third, intermediate category of roads, the secondary system of
highways, to be created. See 1933 Va. Acts 872.
5
road . . . unless abandoned or discontinued as such under
the provisions of this act . .
Id. S 1975t.4 Even if the Rippers correctly contend that in the
1930s "abandon" and "discontinue" were used interchangeably, such
usage would not have provided a legal basis for deeming a road
abandoned where no formal abandonment procedures had taken place
pursuant to former S 2039(9).
Under current Virginia law, Rt. 629 road must be considered
"discontinued" as distinguished from abandoned. Compare Va. Code
Ann. S 33.1-144 (1990 Repl.) with ide S 33.1-146, see also Ord v.
Fudgate, 207 Va. 752 (1967). The Ord case held that under the 1950
revisions to the Viginia Code,
the discontinuance of a secondary road means merely that
it is removed from the state secondary road system.
Discontinuance of a road is a determination only that it
no longer serves public convenience warranting its
maintenance at public expense. The effect of
discontinuance upon a road is not to eliminate it as a
public road or to render it unavailable for public use.
Id. at 758.5 Thus, the "eliminated" portion of Rt. 629 was in
1936 simply reduced to the status of a county road-- over which the
J;
~ Although this statutory language was in place prior to
the eRactment of the Byrd Secondary Highway Act, and originally
referred only to primary highways, the Court is persuaded that the
General Assembly intended in 1932 that this provision would apply
to both primary and newly-designated secondary highways.
5
It is worth noting that the language used in road closure
cases and statutes has changed more noticably than the law it
describes. For example in Moody v. Lindsey, 202 Va. 1 (1960), the
court held that a 1913 decision of local authorities to move a rail
crossing, amounted under the 1904 Code to mere closure of a portion
of the road leading to the crossing, which did not indicate an
intent to "discontinue" it. Id. at 5-6. Of course, that usage is
inconsistent with the modern legal meaning of "discontinue" as it
was described in the Ord case and above.
6
County of Albemarle had exclusive jurisdiction.
The issue now becomes whether the County exercised its
authority to abandon the discontinued portion of Rt. 629. Under
the 1930 and 1936 codes, the code required the following procedures
to be followed in abandonment cases involving county roads:
Any person may apply to have a county road or landing
discontinued, after posting notice of the intended
application on the first day of a term of the circuit
court at the front door of the courthouse of the county,
and at two public places in the neighborhood. After said
notice has been published for at least twenty days, the
board of supervisors, at their next meeting, shall
appoint not less than three nor more than five viewers
to view such road or landing, and report in writing
whether, in their opinion any, and if any, what
inconvenience would result from discontinuing the same.
Upon the said report and other evidence, if any, and
after the land proprietors along the road proposed to be
discontinued have been notified, the board of supervisors
may discontinue such road or landing, taking care in
every case of an established post road not to discontinue
the same until another has been substituted.
Va. Code Ann. S 2039(9) (1930,1936).
No evidence has been
presented by the Rippers to suggest that any such procedure was
followed, and therefore no genuine question exists as to the
material fact that no official act of abandonment was taken.
...Nevertheless, the Rippers argue that the three entities
\
involved in maintaining the road, the Highway Department, the Park
Service, and the County of Albemarle have treated the road as
abandoned. For example, they point out that the Highway Department
has not physically maintained the road, and has posted an "End
State Maintenance" sign on it. And they note that the Park Service
has obstructed the road with its gate.
As for the County, the
Rippers argue that in 1937 and 1948, the Board of Supervisors of
7
Albemarle County requested that its congressional delegation
introduce a bill to "open and construct" the road.
These arguments fail both as matters of law and fact. First,
as the Rippers admit, it is well established that mere non-
maintenance or non-use is not sufficient to extinguish a road as
a public road.
See e.g. Moody v. Lindsey, 202 Va. 1, 6 (1960)
("[doctrine of] nonuser will not operate to discontinue a legally
established highway, unless coupled with affirmative evidence of
an intent to abandon") .
The County of Albemarle has shown no such
intent, and certainly, the Park Service's obstructions cannot
prejudice the County's jurisdiction over discontinued sections of
the road not located on Park land.
Moreover, the Board of Supervisors' resolutions cited by the
Rippers fail to support the Rippers' theory that the Supervisors
in the 1930s and 1940s considered the road to be abandoned. On
November 17, 1937 the Board of Supervisors passed the following
resolution:
WE THE BOARD OF COUNTY SUPERVISORS OF THE COUNTY OF
ALBEMARLE in session assembled do hereby request our two
~United States Senators, Honorable Carter Glass and
lionorable Harry F. Byrd, and or Representative, Honorable
ijoward W. Smith, to use their influence with Honorable
~no B. Cammerer, Director of the National Park Service,
in bringing about this improvement of the Brown's Gap
Road within the Shenandoah National Park area.
This indicates with clarity, that the Board of Supervisors
considered their portion of the road to retain some potential value
to the public-- that is, if the National Park Service would repair
and maintain the portion in Park land that crossed the mountains
into Rockingham County. The second resolution, passed on December
8
15, 1948 recites:
WHEREAS, the people . . . have petitioned . . . to
have a bill enacted in the next session of Congress to
open and construct a road across the Shenandoah National
Park, known as the Brown's Gap Turnpike, . . . thereby
connecting Virginia State Highway No. 629 and No. 230 on
the east with No. 629 on the west of the Mountains,
AND WHEREAS, they have requested that this Board
endorse the aforesaid project,
NOW, THEREFORE, BE IT RESOLVED by the Board of
County Supervisors of Albemarle County, Virginia, that
the aforesaid project be and is hereby endorsed.
Again, such an objective would still have been irrational if
the Board perceived that it had abandoned the discontinued portion
of Rt. 629 that lay within the County's jurisdiction.
These
resolutions simply cannot be construed to imply an understanding
on the part of the County that it had abandoned the discontinued
portion of Rt. 629 leading to the Park.
The Rippers have failed to demonstrate as a matter of fact
that the County of Albemarle either acted to abandon the road or
believed it to be terminated as a right of way. More importantly,
mere non-maintenance or non-use of a road does not destroy the
public's right of way. Because they have failed to demonstrate a
genuine issue of material fact as to whether the road was
~..
\
abandqned, it is appropriate for this -Court to grant summary
judgment in favor of the County. With respect to the National Park
Service's Rule 12(b)(6) motion, the Court's determination that a
public road still exists renders moot any consideration of the
issue.
An appropriate Order shall this day issue.
9
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COUNTY OF ALBEMARLE
Dep!. of Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22901-4596
(804) 296.5823
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December 18, 1991
Nellie L. Moubry
809 Monticello Avenue
Charlottesville, VA 22901
RE: ZMA-91-08 Nellie Moubry
Tax Map 32, Parcel 29N
Dear Ms. Moubry:
The Albemarle County Planning Commission, at its meeting on
December 17, 1991, unanimously recommended approval of the
above-noted petition to the Board of Supervisors. Please
note that this approval is subject to the acceptance of the
applicant's proffers.
1. The applicant agrees that any plan submitted for review
to the County after rezoning will honor a minimum 50
foot building setback buffer (utility construction is
not restricted) from the existing drainage swale at the
rear of Parcel 29N; the buffer will exceed 50 feet from
the point where contour 498 leaves the 50 foot buffer,
and follow contour 498 to the western property line, in
order to protect critical slopes in the buffer area. A
topographic and boundary sketch dated November 22, 1991
is attached for visual clarification.
2. The applicant agrees that any plan submitted to the
County after rezoning will include areas reserved for
construction of connecting internal roads with 50 foot
rights-of-way to adjacent properties, with the
exception of Forest Lakes townhouses, for future access
as the County may deem necessary. The applicant shall
not be obligated for the cost of construction of such
connecting internal roads.
Nellie L. Moubry
Page 2
December 18, 1991
3. The applicant agrees to dedicate a 30 foot strip across
the state Route 649 frontage and reserve an additional
30 foot strip for future road improvements by the
County of Albemarle or VDOT.
4. The applicant agrees to reserve up to 9 feet beyond the
30 foot dedication and 30 foot reservation
aforementioned, for construction of a bike path. The
applicant shall not be obligated for the cost of
construction of such bike path.
Please be advised that the Albemarle County Board of
Supervisors will review this petition and receive public
comment at their meeting on January 22. 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,
/7 I /{~.~ ;J/!~~
U-::, 'i/ - .c' ;/ ,
william D. Fritz
Senior Planner
WDFjjcw
cc: Marilyn Gale
Amelia Patterson
Jo Higgins
Lettie E. Neher
. .
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
WILLIAM D. FRITZ
DECEMBER 17, 1991
JANUARY 22, 1992
ZMA-91-08 NELLIE MOUBRY
Petition: Nellie Moubry petitions the Board of Supervisors
to rezone 9.9 acres from R-1, Residential to R-10,
Residential [Proffered]. Property, described as Tax Map 32,
Parcel 29N, is located on the south side of Route 649
approximately 750 feet west of Timberwood Parkway in the
Rivanna Magisterial District. This site is located in the
Community of Hollymead and is recommended for High Density
Residential (10.01 - 34 dwelling units per acre).
Character of the Area: This property is wooded and is
relatively flat on the majority of the site. Areas of
critical slopes are limited to the rear of the property
adjacent to a small stream. Several dwellings are located
adjacent to the site and a church is located to the south.
The Forest Lakes Townhouse B development is adjacent along
the rear of the site. The Board of Supervisors has
requested that staff identify major developments in the area
of the properties under review for rezoning. The adjacent
Forest Lakes development consists of 436 approved
single-family lots and 131 approved multi-family units. The
recent Forest Lakes South rezoning (ZMA-91-04) permits a
maximum of 1,200 dwelling units.
Applicant's Proposal: The applicant is proposing to rezone
9.9 acres to R-10, Residential with proffers. The
applicant's proffers are included as Attachments C and D.
These proffers include right-of-way dedication, provision of
access to adjacent properties and the protection of the
stream and critical slopes that are on the property.
SUMMARY AND RECOMMENDATIONS: Staff has reviewed this
request for compliance with the Comprehensive Plan and the
Zoning Ordinance and recommends approval of ZMA-91-08
subject to the acceptance of the applicant's proffers.
Planning and Zoning History: None available.
Development Impact to Public Facilities:
At the request of the Board of Supervisors, the Planning
staff reviews rezoning requests for their fiscal impact on
public and transportation facilities. This analysis is
limited to those rezonings that have some effect on
facilities that are identified in our CIP or Six Year Road
Plan and have a cost associated with them.
1
. .
The analysis is based on a fair share determination of a
particular development's impact to affected facilities. It
must be pointed out that this analysis is cursory, due to
the lack of information on revenues and the amount
attributable to this development. The cost outlined by
staff only indicates the proportionate share of construction
costs from the additional development generated by the
rezoning over by-right development.
The following are those facilities which will be affected by
the rezoning request and have a cost associated with them.
A. Schools
Schools affected by this proposal which have a cost as
identified in the CIP are:
Broadus Wood Elementary School
New Middle School
New High School
Albemarle High School Renovations
$ 2,987,511
$ 9,268,000
$26,400,000
$ 6,068,140
Based on the additional students as estimated by multiplies
currently used by the County, a total of 24 additional
elementary students, 16 middle school students and 19 high
school students are anticipated.
Costs attributable to this development based on the
proportion of students is $364,353 or $3,680.34 per dwelling
unit.
B. Libraries
This proposal is considered to be in the service are of the
Northside Library ($300,000). Based on the proportionate
impact to library capacity, the proportionate share cost of
this project is $2,475 or $25 per dwelling unit.
Summary of Fiscal Impact
Projects
Total Costs $
Proportionate
Share $
CostsjDU
99 DU
TOTALS
$ 2,987,511
$ 9,268,000
$26,400,000
$ 6,068,140
$ 300,000
$45,023,651
$ 60,945
$ 98,859
$ 615.61
$ 998.58
Broadus Wood Elementary
New Middle School
New High School
Albemarle High
School Renovations
Northside Library
$32,468,140 $204,549
$ 2,475
$366,828
$2,066.15
$ 25.00
$3,705.34
2
.
Consideration of the fiscal impact of the development needs
to be balanced against considerations of the County's growth
management policy. Excessive development exactions could
have the affect of discouraging utilization of the holding
capacity of area, and thus, lead to accelerated development
in the Rural Areas.
Com~rehensive Plan: This area is recommended for high
density residential in the .Comprehensive Plan. Two methods
of Residential Development design are (Page 155-156):
1. Preserve sensitive areas as open space; maintain trees
and vegetation, consider siting for solar orientation;
and orient residential development to the natural
setting. These are virtual "no-cost" factors which
tend to provide a more workable, efficient, and
pleasing living environment.
2. Base design on a rational use of land reflecting
topographic and other physical features and natural
boundaries of the site rather than imposing a
rectilinear layout intended solely to satisfy minimum
ordinance requirements.
An unproffered development plan has been submitted which
indicates the site 1S capable of accommodating the proposed
development without extensive grading or waivers. A buffer
has been provided on critical slopes and adjacent to the
stream on the property. The applicant has also proffered
area for the bike path across the frontage of the property.
this is consistent with comments of the Comprehensive Plan
as stated on page 115.
Based on the above comments, staff opinion is that this
request is consistent with the intent of the Comprehensive
Plan.
STAFF COMMENT:
The County has attempted in past rezoning requests to obtain
a conceptual plan for development in order to determine the
relationship of the development to adjacent areas. The
applicant has provided an unproffered development plan in
order to allow staff to determine if any barriers to
development exist. staff is not able to identify any
barriers from this plan. Staff notes that during site plan
review, staff can ensure that the development satisfies the
. requirements of the zoning,ordinance. Development of the .
site will require significant clearing of the woods on site
and this development will be visible from adjacent
properties and the state road. During the time of. site
review, landscaping and a detailed grading plan will be
3
.
required in order to ensure compliance with the Zoning
Ordinance. The applicant has provided proffers which
address the items of concern by staff. These proffers are
the same items which would be addressed through a proffered
plan. The applicant has submitted a proffer which grants
access to adjacent properties. While no access is
anticipated at this time, should these parcels develop the
allowance of access to this parcel may reduce the total
number of entrances on Route 649 and provide for internal
circulation between developments. The provision of access
to adjacent properties is consistent with Sections 18-37(a)
of the Subdivision Ordinance and 32.7.2.4 of the Zoning
Ordinance.
Improvements to Route 649 are shown in the CATS study and a
bike path is shown in the County's Bike Plan. The applicant
has submitted proffers which anticipate these improvements
by dedicating and reserving the necessary right-of-way.
Staff opinion is that this request is in compliance with the
Comprehensive Plan and the Zoning Ordinance for the reasons
stated above. Therefore, staff recommends approval of
ZMA-91-08 subject to the acceptance of the applicant's
proffers.
1. The applicant agrees that any plan submitted for review
to the County after rezoning will honor a minimum 50
foot building setback buffer (utility construction is
not restricted) from the existing drainage swale at the
rear .of Parcel 29N; the buffer will exceed 50 feet from
the point where contour 498 leaves the 50 foot buffer,
and follow contour 498 to the western property line, in
order to protect critical slopes in the buffer area. A
topographic and boundary sketch dated November 22, 1991
is attached for visual clarification.
2. The applicant agrees that any plan submitted to the
County after rezoning will include areas reserved for
construction of connecting internal roads with 50 foot
rights-of-way to adjacent properties, with the
exception of Forest Lakes townhouses, for future access
as the County may deem necessary. The applicant shall
not be obligated for the cost of construction of such
connecting internal roads.
3. The applicant agrees to dedicate a 30 foot strip across
the State Route 649 frontage and reserve an additional
30 foot strip for future road improvements by the
County of Albemarle or VDOT.
4
l' '"
4. The applicant agrees to reserve up to 9 feet beyond the
30 foot dedication and 30 foot reservation
aforementioned, for construction of a bike path. The
applicant shall not be obligated for the cost of
construction of such bike path.
----------------
ATTACHMENTS:
A - Location Map
B - Tax Map
C - Applicant's Proffers
D - Applicant's Revised Proffer
E - Virginia Department of Transportation Comment
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Nellie Moubry
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ZMA-91-08 Nellie Moubry
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PHONE-IElC)4) 293..a2!5'
1ElC)4) 977.o20!5
FAX 1ElC)41 296-!5220
LAND SURVEYORS
ENGINEERS
LAND PLANNERS
ROUDABUSH, GALE &: ASSOC., INC.
A PROFESSIONAL CORPORATION
914 MONTICELLO ROAD
CHARLOTTESVILLE. ViRGINIA 22901
J. niOMAS GAL.E. L.S.
MARILYNN R. GALE. LS.
WILUAM S. ROUDABUSH. LS.
DAVID L. COWNS. LS.
DIANA P. DALE. P.E.
November 22, 1991
1~~WlEJ.m
"'\1 22 1991
Mr. Bill Fritz, Senior Planner
Albemarle County Planning Dept.
401 McIntire Road
Charlottesville, VA 22901-4596
Dear Bi 11 :
PLANNING DIVISION
After CCl'1Sul ting with our clients, Mr. and Mrs. Moubry, concerning the 4 i terns
which the County Planning Department would like addressed through the rezoning
review process, we have developed the foIl awing proffers to accarpany the
application. .
1. The applicant agrees that any plan subnitted for review to the County after
rezoning will honor a mininun 50 foot building setback buffer (utility
construction is not restricted) fran the existing drainage swale at the rear
of Parcel 29N; the buffer will exceed 50 feet fran the point where contour
498 leaves the 50 foot buffer, and follow contour 498 to the western
property line, in order to protect critical slopes in the buffer area. A
topographic and boundary sketch dated November 22, 1991 is attached for
visual clarification.
2. The applicant agrees that any plan subnitted to the County after rezoning
will include areas reserved for construction of connecting internal roads
with 50 foot right-of-way to Parcel 29N2 and Parcel 29D, Tax Hap 32, for
future access as the County may deem necessary. The applicant shall not be
obligated for the cost of construction of such connecting internal roads.
3. The applicant agrees to dedicate a 30 foot strip across the state Route 649
frontage and reserve an additional 30 foot strip for future road
inprovements by the County of Albemarle or voor.
4. The applicant agrees to reserve up to 9 feet beyond the 30 foot dedication
and 30 foot reservation aforementioned, for construction of a bike path.
The applicant shall not be obligated for the cost of construction of such
bike path. .
Thank you for taking the time to review the application with me on November 21.
Please call if I can provide further information.
Sincerely,
~~~
Marilynn R. Gale, L.S.
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PHONE (804) 29342S1
(804) 977.Q20S
FAX (804) 296-S220
LAND SURVEYORS
ENGINEERS
LAND PLANNERS
ROUDABUSH, GALE &: ASSOC., INC.
A PROFESSIONAL CORPORATION
914 MON~CELLO ROAD
CHARLOTTESVILLE. VIRGINIA 22902
IATTACHMENT 0 r
J. THOMAS GALE. L.S.
MARILYNN R. GALE. LS.
WILUAM S. ROUDA8USH. LS.
DAVID L. COLLINS. LS.
DIANA P. DALE. P.E.
December 9, 1991
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Mr. Bill Fritz, Senior Planner
Albemarle County Planning Department
401 McIntire Road
Charlottesville, VA 22901-4596
RE: Moubry Rezoning (ZMA-91-08)
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Dear Bill:
After our conversation today concerning proffered item number 2 of
my letter dated November 22, 1991, I am amending that paragraph to:
The applicant agrees that any plan submitted to the County
after rezoning will include areas reserved for. construction of
connecting internal roads with 50 foot rights-of-way to
adjacent properties, with the exception of Forest Lakes
townhouses, for future access as the County may deem
necessary. The applicant shall not be obligated for the cost
of construction of such connecting internal roads.
Hopefully, this change will give the County the flexibility needed
for future planning, while not unnecessarily restricting the owner.
Sincerely,
'1A~lX'^- ~
Marilynn\k. Gale, L.S.
MRG/jmc
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IATTACHMENT E
-- "!QV 21 1991
-
COMMONWEALTH of VIRGINIA PLANNING DIVISION
RAY D. PETHTEL
COMMISSIONER
DEPARTMENT OF TRANSPORTATION
P. O. BOX 2013
CHARLOTTESVILLE. 22902
.. ._~.. .--..... ~. -. .... .......o .. .
D. S. ROOSEVELT
RESIDENT ENGINEER
November 20, 1991
Special Use Permits
& Rezonings
December 1991
Mr. Ronald S. Keeler
Chief of Planning
County Office Building
401 McIntire Road
Charlottesville, VA. 22901
Dear Mr. Keeler:
The following are our comments:
~1".;";~';ZHA':;'9r'::08"iNeJ:l-re'rMoubry';:;:;Rout""~':"?64'97 -The Comprehensive Plan shows this area to
be high density residential and this request falls in the medium density residential
zoning. Under the current zoning there could be approximately 100 VPD generated by
this 9.9 acres. Under the proposed R-10 zoning, approximately 1,000 VPD could be
generated. This section of Route 649 is currently non-tolerable. The CATS shows
the McIntire Road extension running along the frontage of this property. The
alignment shown in the CATS is with a "T" intersection to the east of this property,
and a four-lane divided'road connecting to Route 29. A 120 foot right of way is
shown for this road improvement and the Department recommends that right of way be
dedicated or at least reserved along the frontage of this property. Should the road
improvement be centered on existing Route 649, this would mean a minimum of 60 feet
from the centerline. Since there is a church and cemetery across the road from this
property, the right of way would probably have to be shifted more into this
property.
2. ZHA-91-09 Carlos Villar-Palasi, Route 250 V. - This request is to rezone 14
acres from VR to RA. Ivy is not classified as a village in the current
Comprehensive Plan. Under the VR zoning, up to 14 dwelling units could be aliowed
if public water or sewer is provided. Depending upon division rights, it appears
that about 7 dwelling units would be allowed under the RA zoning. Therefore, it
appears that this request would reduce the possible number of dwelling units allowed
on these parcels. The Department is developing plans for a new section of Route
678, off of the north side of Route 250. Construction of turn lanes on Route 250
is anticipated along with this new section of road. Additional right of way and/or
easements will probably be needed along the Route 250 frontage of the property in
this request and the Department recommends that these be dedicated once plans are
available indicating exactly what is needed. The existing entrance on Route 738
needs to have some vegetation trimmed along the frontage to the east to obtain sight
distance.
--
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AGENDA ITEM NO.
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7/25/86
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COUNTY OF ALBEMARLE
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MEMORANDUM
TO:
FROM:
DATE:
RE:
Albemarle County Board of Supervisors
Robert W. Tucker, Jr., County Executive
January 17, 1992
Report of the Regional Housing Strategy Advisory Panel
Staff and the Albemarle County Housing Advisory Committee support
the findings and recommendations of the Regional Housing Strategy
Advisory Panel as outlined in their January 6, 1992 memorandum.
The pursuit of funding through the Housing and Urban Development
Home program and the need to develop a supporting Comprehensive
Housing Affordabili ty Strategy (CHAS) are consistent with the
objectives of the Comprehensive Plan.
Staff recommends your support of these initiatives.
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TO: Members, Albemarle County Board of Supervisors
FROM: Regional Housing Strategy Advisory Panel
SUBJ: Update on Initial Findings of Panel and Interest in Applying for Funding
From Housing and Urban Development HOME Program
DATE: January 6, 1992
Background The Regional Housing Strategy Advisory Panel first met in March, 1991
to develop a coordinated strategy for addressing the region's affordable housing needs.
The Panel consists of citizens appointed by each local government in the Thomas J ef-
ferson Planning District. Staff and community groups involved in housing have also
participated. Ms. Deborah Murdock of Fluvanna County was elected to serve as Panel
chairman. A list of Panel participants is attached to this memo.
The Panel has developed a regional mission statement and a series of goals intended
to address the region's housing needs. The Panel recognizes that each locality must
determine the hou~ing activities best suited to that locality. The initial findings of the
Panel, including tentative priorities for each locality, also is included as an attachment
to this memo.
To advance the Panel's mission of achieving a regional balance of safe, decent and af-
fordable housing, the Panel has investigated the possibility of applying as a region for
funding under the Housing and Urban Development (HUD) HOME Program.
BUD HOME Program The HUD HOME program is a result of the Cranston-Gon-
zalez National Affordable Housing Act and provides funds for housing rehabilitation,
rental assistance (such as the Section 8 program which assists low-income families in
meeting fair market rents), property acquisition and new construction. Funding is
based on a need formula developed by HUD.
In order to apply for HOME funds, the six member localities in the Planning District
would enter into a legally binding cooperation agreement that would be in effect for at
least three years. The region also would be required to submit a Comprehensive Hous-
ing Affordability Strategy (CRAS) to HUD, which contains housing data and a five year
strategy for meeting the housing needs of very low and low-income citizens. As a HUD
entitlement city, the City of Charlottesville has already prepared a CHAS and the
regional CHAS could be an expansion of the Charlottesville CHAS.
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Legal Status Each participating locality must enter into a legally binding agreement
authorizing one local government to act in a representative capacity for all participat-
ing governments. HUD may prefer that the City of Charlottesville act in this repre-
sentative capacity since it is a HUD entitlement city, but the Advisory Panel recom-
mends that the Thomas Jefferson Planning District Commission serve as the manag-
ing body for the HOME Program.
Matching Funds Requirement HOME funds are to be matched by non-federal funds
unless HUD approves a request to reduce the match requirement. The amount of
match varies from program to program. New rental assistance programs, rehabilita-
tion and property acquisition require a 25% match. Substantial rehabilitation requires
a 33% match and new construction a 50% match. Matching funds can include cash, the
value of fees, taxes or other charges that are waived, the value of land or property, the
cost of infrastructure development, such as water and sewer, and below interest rate
loans.
Panel Recommendations The Regional Housing Strategy Advisory Panel recom-
mends: (1) support of the intent to apply to the HUD HOME program. A letter of in-
tent must be submitted to HUD by March 31, 1992. A draft Resolution of Support is
enclosed for your consideration; and (2) extension of the charge of the Regional Hous-
ing Strategy Advisory Panel through October, 1992 in order to oversee the preparation
of the application to the HUD HOME Program.
Enclosures:
1. List of Members and Participants, Regional Housing Strategy Advisory Panel
2. Summary of Findings
3. Resolution of Support
.
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January 15, .lg.gi2L'
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David Bowerman, Chairman
Albemarle County Board of Supervisors
401 McIntire Road
Charlottesville, VA 22902
SUBJ: Discussion of Findings of Regional Housing strategy
Advisory Panel at Board Meeting of January 22, 1992
Dear Mr. Bowerman:
The Regional Housing Strategy Advisory Panel would like to meet
with the Albemarle County Board of Supervisors on Wednesday,
January 22, 1992 to discuss their initial findings and
recommendations. Albemarle County's two citizen appointees to
the Panel, Ms. Virginia Greenwood and Mr. Dorsey Wilberger,
will be at the meeting.
The enclosed background information, I trust, will be of help
to Board members in preparation for this meeting. In
particular, the Panel is recommending application as a region
to Housing and Urban Development to receive HOME funds as a
further funding source for affordable housing programs. The
Albemarle Housing Improvement Program (AHIP), as a non-profit
organization serving the County, is a likely participant in
HOME programs to rehabilitate substandard homes and construct
new, affordable hemes.
Thank you for this opportunity to meet with the Board of
Supervisors. I look forward to seeing you on the 22nd.
Si~[k:: b~
William Wanner
Senior Planner
cc: Robert Tucker
Enclosure
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SUMMARY OF FINDINGS
THOMAS JEFFERSON PLANNING DISTRICT
REGIONAL HOUSING STRATEGY ADVISORY PANEL
December 6, 1992
Regional Mission Statement Achieve a regional balance of safe, decent and affordable
housing addressing each locality's housing needs including improved access to assisted
basic shelter, the rental housing supply and condition, and the owner-occupied hous-
ing supply and condition.
Regional Policy Statement Coordinate activities to promote safe, decent and affor-
dable housing through a five year regional strategy. Priorities and progress towards
goals of this five year strategy will be assessed yearly. The yearly assessment will
describe the use of private, local, state and federal funds for affordable housing and
will measure the effect of local, state and federal regulations on affordable housing ef-
forts.
Local Housing Priorities For Albemarle
. Rehabilitate substandard owner-occupied homes
. Increase opportunities for first-time home buyers
. Rehabilitate substandard renter-occupied homes and multi-family units
. Increase mixed use, high density development in designated growth areas
. Assist special needs groups (elderly, disabled, homeless and single parent
families)
Recommendations The Regional Housing Strategy Advisory Panel recommends
development of a regional five year strategy that assigns priorities for housing activities
to assist low- and moderate-income citizens. The five year strategy will be developed
under the guidance of the Regional Housing Strategy Advisory Panel and will meet the
formal requirements for participation in the Housing and Urban Development HOME
program. The HOME program will provide federal funds to participating local govern-
ments for the rehabilitation of substandard housing, for new construction and for finan-
cial assistance to low-income tenants and first-time home buyers.
The Regional Housing Advisory Panel recommends participation in the HOME
program by the counties of Albemarle, Fluvanna, Greene, Louisa and Nelson and by
the City of Charlottesville. The Panel seeks expansion of its charge through October,
1992 in order to the complete the work necessary to submit the application for HOME
funding in the name of the region by October, 1992.
...
Housing Priorities For Region
. Foster cooperation within the region through the use of affordable housing
initiatives
. Educate the public on the need for affordable housing and on programs
available to assist low- and moderate-income residents
. Establish a regional mechanism for disseminating information on affordable
housing initiatives and for evaluating current efforts and policies
. Coordinate new financial assistance for low-income renters
. Establish a regional loan fund for use by the region's housing non-profits
Housing Priorities for Charlottesville
. Increase opportunities for first-time home buyers
. Rehabilitate or replace substandard owner-occupied homes
. Rehabilitate substandard renter-occupied homes and multi-family units
. Provide financial assistance and support services to low income renters
. Assist special needs groups (elderly, disabled, homeless and single parent
families)
Housing Priorities for Albemarle
. Rehabilitate substandard owner-occupied homes
. Increase opportunities for first-time home buyers
. Rehabilitate substandard renter-occupied homes and multi-family units
. Increase mixed use, high density development in designated growth areas
. Assist special needs groups (elderly, disabled, homeless and single parent
families
Housing Priorities for Fluvanna
. Rehabilitate substandard owner-occupied homes
. Increase opportunites for first-time home buyers
. Increase number of single family homes in village concept
. Increase public education on affordable housing programs and good con-
sumer practices
. Rehabilitate substandard renter-occupied homes
. .
Housing Priorities for Greene
. Increase opportunities for frrst-time home buyers
. Increase public education on affordable housing programs and good con-
sumer practices
. Assist special needs groups (elderly, disabled, homeless and single parent
families)
. Rehabilitate substandard owner-occupied homes
. Increase multi-family rental units in areas with water and sewer
Housing Priorities for Louisa
. Rehabilitate snbstandard owner-occupied housing
. Increase opportunities for first-time home buyers
. Increase scattered site development of homes for first-time home buyers
. Increase number of single family homes in village concept
. Assist special needs groups, particu1arily the elderly
Housing Priorities for Nelson
. Increase public education on affordable housing programs and good con-
sumer practices
. Rehabilitate and reuse buildings for renter and owner-occupied apartment
units
. Increase availibility of small (2-3 unit) rentals in areas with water and sewer
. Increase number of single.family homes in village concept
. Increase oppo:tunities for first-time home buyers
. Provide financial assistance (such as Section 8 Program) and support services
to low-income renters
RESOLUTION OF SUPPORT FOR
(1) REGIONAL PURSUIT OF HUD HOME FUNDING AND
(2) EXTENSION OF THE REGIONAL HOUSING STRATEGY ADVISORY
PANEL'S TENURE
WHEREAS, there is a need to develop a regional housing strategy for the localities in
the Thomas Jefferson Planning District, and
WHEREAS, the regional housing strategy should address the issues of the provision of
affordable housing, of the rehabilitation of substandard housing, and of the develop-
ment of programs that promote homeownership for all constituents in the Thomas J ef-
ferson Planning District, and
WHEREAS, the HOME program offered by HUD provides an opportunity for the
localities within the Thomas Jefferson Planning District to develop and implement a
regional housing strategy and to secure federal funds to implement the strategy, and
WHEREAS, the work of the Regional Housing Strategy Advisory Panel is required to
see the preparation of the Comprehensive Housing Affordability Strategy (CRAS)
through to completion by October, 1992,
(1) THEREFORE BE RESOLVED THAT the Albemarle Board of Supervisors does
support a regional intent to apply for the HUn HOME program by March 31,1992
and so authorizes the County Executive to act as the agent of the Board, and
(2) BE IT FURTHER RESOLVED THAT the Albemarle Board of Supervisors does
expand the charge of th..~ Regional Housing Strategy Advisory Panel in order to apply
for the HUD HOME program by October, 1992 and seek HUD funding.
Chairman
Date
A
.
REGIONAL HOUSING STRATEGY ADVISORY PANEL
MEMBERS:
C'ville David Toscano
628 Evergreen Avenue
Ch'ville, VA 22901
Blake Hurt, President
Republic corporation
P.O. Box 7885
Ch'ville, VA 22906
Albemarle Virginia Greenwood
Greenwood Realty, Ltd.
P.o. Box 7332
Charlottesville, VA 22906
Dorcey W. Wilberger, Jr.
100 Deerwood Drive
Ch'ville, VA 22901
Fluvanna Terry Burley
Rout.e 2, Box 78
Palmyra, VA 22963
Deborah Murdock, CHAIRMAN
McClean Faulconer
503 Faulconer Drive
Charlottesville, VA 22903
Greene
Jack Miller
Route 2, Box 82
Stanardsville, VA 22973"
E. C. Compton
Route 1, Box 535
Stanardsville, VA 22973
Louisa
(vacant)
Virginia zimmerman
Route 5, Box 254-C
Louisa, VA 23093
Nelson
wisteria Johnson
Nelson County DSS
P.O. Box 357
Lovingston, VA 22949
Margaret Morton
MACAA
P.O. Box 241
Lovingston, VA 22949
ORGANIZATIONS REPRESENTED:
Albemarle Housing Improvement Program (AHIP):
Teresa Tapscott, Director
413 East High Street, Charlottesville, VA 22901
Charlottesville Housing Foundation:
Robert Newman, Assistant Director
100 Court Square Annex #E, Charlottesville, VA 22901
Charlottesville Housing Improvement Program (CHIP):
Holly Olinger, Director
106 Goodman Street, suite A-3, Ch'ville, VA 22901
City of Charlottesville:
Gary B. O'Connell, Deputy City Manager
P.O. Box 911, Charlottesville, VA 22902
~
.
2.
ORGANIZATIONS REPRESENTED (cont'd)
Fluvanna County Community Development Foundation
Daniel Nunziato
P.O. Box 358, Palmyra, VA 22963
League of Women Voters:
Sandy Snook, President
1823 Edgewood Lane, Ch'ville, VA 22903
Louisa County community Development Foundation:
John Spanka, Director
P.O. Box 160, Louisa, VA 23093
Nelson County Community Development Foundation:
Reverend David Taylor
P.O. Box 57, Lovingston, VA 22947
piedmont Environmental Council
C. Timothy Lindstrom, Director
1010 Harris street, suite 1, Ch'ville, VA 22901
Skyline CAP, Inc.
Clarence Taylor
P.o. Box 437, Stanardsville, VA 22973
Thomas Jefferson Housing Improvement Corp.
David Benish
401 McIntire Road, Charlottesville, VA 22901
Thomas Jefferson Planning District commission:
Heywood Greenberg
Route 1, Box 187, Arrington, VA 22922
University of Virginia:
Sally Thomas
UVA Government Relations Office
P.O. Box 9014, Charlottesville, VA 22906
TJPDC STAFF:
Nancy K. O'Brien, Executive Director
Kobby Hoffman, Senior Planner
William Wanner, Senior Planner
db\RegHSAP.com
1-7-92
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RESOLUTION OF SUPPORT FOR
(1) REGIONAL PURSUIT OF BUD FUNDING AND
( 2) EXTENSION OF THE REGIONAL HOUSING STRATEGY ADVISORY
PANEL'S TENURE
WHEREAS, there is a need to develop a regional housing strategy
for the localities in the Thomas Jefferson Planning District, and
WHEREAS, the regional housing strategy should address the issues
of the provision of affordable housing, of the rehabilitation of
substandard housing, and of the development of programs that promote
homeownership for all constituents in the Thomas Jefferson Planning
District, and
WHEREAS, the HOME program offered by HUD provides an opportunity
for the localities within the Thomas Jefferson Planning District to
develop and implement a regional housing strategy and to secure
federal funds to implement the strategy, and
WHEREAS, the work of the Regional Housing Strategy Advisory Panel
is required to see the preparation of the Comprehensive Housing
Affordability Strategy (CHAS) through to completion by October, 1992,
and
WHEREAS, the Albemarle Board of County Supervisors endorses the
Thomas Jefferson Planning District Commission to serve as managing
body,
(1) THEREFORE BE RESOLVED THAT the Albemarle Board of County
Supervisors does support a regional intent to apply for the HUD HOME
program by March 31, 1992, and so authorizes the County Executive to
act as the agent of the Board, and
(2) BE IT FURTHER RESOLVED THAT the Albemarle Board of County
Supervisors does expand the charge of the Regional Housing Strategy
Advisory Panel in order to apply for the HUD HOME program by October,
1992 and to seek HUD funding.
rJlstrlbuted to Board: / -/7 -7~..
Agenda Item ND. 1~. a~~.1....3
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COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5823
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BOARD OF SUPEfiV1SOqS
MEMORANDUM
TO: Members of the Board of Supervisors
FROM: Karen Lilleleht, Chair .K'V 1-,
Albemarle County Housing Advisory Committee
DATE: January 15, 1992
SUBJECT: Regional CRAS To Obtain Federal HOME Monies
The National Affordable Housing Act of 1990 offers some
new opportunities for Albemarle and other regional juris-
dictions to make inroads in our housing problems. It also
requires a plan, or Comprehensive Housing Affordability
strategy (CRAS), laying out how such money would be spent.
The Albemarle County Housing Advisory Committee is
preparing a report for the Board of Supervisors on Albemarle's
housing situation and a strategy to address its housing needs,
but this report will not be a housing strategy for the entire
region. The only regional jurisdiction to have its own CRAS
is Charlottesville, which is required to have one because it
is an entitlement city.
A new HUD program, Housing Opportunities Made Equal
(HOME), offers new federal funds for housing rehabilitation,
new construction of rental and owner-occupied units, and for
rental assistance such as the Section 8 Program. Housing
non-profits and governments may apply for a portion of the
state allocation of HOME funds with or without a local or
"consortia" CHAS. Additional funds are only available through
local governments which prepare a consortia CRAS. These funds
will be urgently needed in the next few years by local
affordable housing groups which have the expertise and track
records to attract and make effective use of them.
In addition to providing additional federal funding for
Albemarle County housing initiatives, the consortia CRAS will:
- help articulate Albemarle County's needs and desires to
other regional jurisdictions; and
- encourage rural counties to provide affordable housing
for their own people using financial incentives available
only through the CRAS process.
While a consortia CRAS may take one of several forms,
the advisory committee prefers the six-jurisdiction approach
for its inclusiveness of our social and economic region and
recommends it to the Board of Supervisors in hopes that the
Board may take the appropriate steps before March 31, 1992,
to pursue this option of housing funding.
Recommendation: The Committee recommends that the Board:
(1) authorize the Thomas Jefferson Planning District Commission
to prepare a draft six-jurisdiction consortia CHAS document for
their review and approval; and (2) notify HUD on or before
March 31, 1992, of Albemarle County's intention to file a
consortia CRAS by August 31, 1992.
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LEAGUE OF
WOMEN
IJ
VOTERS
OF CHARLOTTESVILLE & ALBEMARLE COUNTY
TO: Albemarle County Board of supervisors
DATE: January 22, 1992
The League of Women Voters has been working and continues to
work on the national, state, and local levels for safe, affordable
housing for low and moderate income persons. The League also works
for and supports regional planning and cooperation. Therefore we
hope you will endorse the Planning District Regional Comprehensive
Housing Affordability Strategy (CHAS).
We understand that with a regional CHAS, the region can apply
for funding under the HUD HOME Program for housing rehabilitation,
rental assistance, property acquisition and new construction.
We further understand that in order to apply for HOME funds,
the six member localities in the Planning District would enter into
a legally binding cooperative agreement which would be in effect
for at least three years.
It is critical that the County join this regional effort, not
only because the County sorely needs more money for affordable
housing, but also because the localities in the consortia must be
contiguous and this would be impossible without Albemarle. If, as
we've been told, current County housing funds can be reallocated,
and the program of the Albemarle Housing Improvement Program (AHIP)
incorporated in the match, this regional effort won't cost the
County extra, but will bring additional federal funds to help area
residents.
We urge you to sign and send to HUD the Resolution of Support
prepared by the Regional Housing Strategy Advisory Panel and to
expand the charge of the panel to seek HUD funding.
CLERK, BOARD OF COUNTY SUPERVISORS
ALBEMARLE COUNTY, VIRGINIA
REQUEST FOR AGENDA OF
~ Jan J;) I I ~'1 d-
~genda Item No. ~. tJ ~2--Y (Note: This number does
not change i this item ~s deferred to some future date.
This sheet is moved forward with all of the paperwork.)
ben-hY' DO~iU-V I VUh10 Cl",J l-h:tu I
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Item Name
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On (Date)
ion, please note name of
tat ion to the Board.)
presentor
(For County
person who will
Request Made
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INSTRUCTIONS FOR USE:
This form is to be used when scheduling an item for a Board
of supervisors' agenda. This form will NOT be distributed
to anyone, but is intended only for use by the Clerk in
scheduling the agenda. Please fill out one copy of this
work sheet (it may be handwritten) and return with the orig-
inal of any paperwork you wish to have forwarded to the Board.
For Clerk's Use:
Appointment Confirmed with (name)
On (Date)
By (Name)
Telephone? Mail?
Materials Received with Request? (Yes)
(No)
Materials Photocopied?
Note: On appeal of site plans or subdivision plats, be sure
to include Planning Commission minutes with paperwork.
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FAX (fi04) 972-4060
January 29, 1992
Mr. ~obert W. Tucker, Jr.
County Executiv~
County of Alb~marle
401 McIntire Rd.
Charlottesville VA 22902~4596
REI Appl1oat.ion for Pump and Raul Permit for Gale~ie
Restaurant
Dear Mr. Tuoker:
In keepinq with the Soard of Supervisors discussion on January 22,
1992, the applicants &.~tee that concurrenc~ by the Board of
Supervisors in th~ issuance of thi$ permit in no way obligates the
'Soard or the county to approve atlY particular sewage disposal
system or hookup to public sewar in the future, nor to concur in
extension of this permit beyond one year.
Should you have any questions, please do not heaitate to contact
me.
,
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Sincerely,
'~~'e ~~~~~~__
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Edward H. Bain, Jr.
Samuei Miller
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
David P. Bowerman
Charlottesville
Charles S. Marlin
Rivanna
Charlotte Y. Humphris
Jack Jouett
Walter F. Perkins
White Hall
MEMORANDUM
TO: Members of the Board of Supervisors
FROM: Lettie E. Neher, Clerk, CMC ~
DATE: 3annary-15,-199~ Updated January 17, 1992
SUBJECT: Appointments to Various Boards/Commissions/Committees
CITIZENS
ALBEMARLE COUNTY SERVICE AUTHORITY: The term of Hollis Lumpkin as the
Scottsville representative expires on April 16, 1992. The term of Norman Gillum
as the White Hall representative expires on April 16, 1992. The term of
William H. Bolton as the Rivanna representative expires on April 16, 1992.
There is no limit to the number of terms a representative may serve.
ARCHITECTUAL REVIEW BOARD: Patricia Bower has resigned. Her term expires on
November 14, 1992. (Advertisements have been placed in the Daily Progress &
Observer.)
CHILDREN AND YOUTH COMMISSION: The term of Ann M. Webb expired on November 14,
1991. (Advertisement has been placed in the newspapers for a replacement.)
COMMUNITY CORRECTIONS RESOURCES BOARD: Lester Wilson has resigned as a member
of this Board (see letter attached). A citizen has ~xpressed an interest in
serving on this Board, and her application was forwarded last week for your
review. (A copy of the Annual Report of the Community Diversion Incentive
Program was attached to the last list for your review. Mr. Camblos has been
contacted about serving; he has not decided yet.)
EMER6EN6Y-MEBI6Ah-SERVI6ES-6eBN6Ih~--~he-~erm-of-3ohn-Hood-expired-on
Beeember-31,-1991~--MR-HeeB-Wlhh-A66EP~-REAPPeINTMEN~,,:,
EQUALIZATION BOARD: Two more members must be appointed for the Calendar Year
1992. Serving in 1991 were: W. Ivar Mawyer (Samuel Miller), and Edward H.
Deets, Jr. (Jack Jouett). Both are eligible for reappointment.
Memo to: Board of Supervisors
Date: January 15, 1992
Page 2.
INDUSTRIAL DEVELOPMENT AUTHORITY: The term of James B. Murray, Jr. as the
Scottsville representative expires on January 19, 1992. The term of Bruce D.
Rasmussen as the Samuel Miller representative expires on January 19, 1992.
There is no limit on the number of terms a representative may serve.
JAIL BOARD: The term of Patricia L. Smith as the joint City/County appointee
expires on April 30, 1992. Mrs. Smith is not eligible to be reappointed.
JAUNT BOARD OF DIRECTORS: The term of Nathaniel Brown expired on September 30,
1991. (This vacancy is being readvertised.)
PAA6-~E6HN!6Ab-6eMM!~~EE~--Mr~-Keith-Rittenhon~e-ha~-been-~er~ing.
PLANNING COMMISSION: The term of Werner Sensbach as the University of Virginia
non-voting member expired on December 31, 1991 (this is a one-year term).
PUBLIC RECREATIONAL FACILITIES AUTHORITY The terms of Archibald Craige (Mr.
Craige does not wish to continue serving); Norma J. Diehl (we have not been able
to reach Mrs. Diehl yet); and-6,,:,-Ba~id-Emmite-tMr,,:,-Emmitt-wonid-iike-eo-eontinne
as-a-member-of-the-anehoritY1 expired on December 13, 1991. (Nine members.
Appointments are not made by magisterial district. Advertisement has been
placed for a replacement for Mr. Craige.)
R!VANNA-Seb!B-WAS~E-6!~!cENS-ABV!SeRY-6eMM!~~EE~--~he-term-of-dames-R,,:,-Sko~e
expired-on-Beeember-31,-1991~--He-may-be-reappoineed-to-one-more-eerm~--tMR,,:,
SKeVE-W!bb-A66EP~-REAPpe!N~EN~1~
RIVANNA WATER AND SEWER AUTHORITY: The term of F. Anthony Iachetta as the joint
appointee expires on May 1, 1992.
S6Heeb-BeARB~--Members-eo-represene-ehe-Ri~anna,-Seoees~iiie,-Whiee-Haii-Bi~-
eriets,-and-ehe-at-iarge-member~-~hese-are-fonr-year-term~,,:,--Appiieaeions-for
the-ae-iarge-posieion-ha~e-been-forwarded-for-yonr-re~iew~--!neer~iews-ha~e-been
arranged-wieh-aii-ineerested-persons-for-ehe-afternoon-of-dannary-15~
BOARD MEMBERS
AGRICULTURAL & FORESTAL DISTRICT ADVISORY COMMITTEE: Mr. Perkins serves on this
committee.
AUDIT COMMITTEE: Mr. Bowie and Mr. Perkins served on this committee.
BUILDING COMMITTEE: Mr. Bowie and Mr. Perkins were serving.
CHILDREN AND YOUTH COMMISSION (ANNUAL OVERSIGHT COMMITTEE): Mr. Bain has been
serving.
CLEAN COMMUNITY COMMISSION: Mrs. Humphris and Mr. Way were serving.
CROZET CROSSING CITIZEN ADVISORY COMMITTEE: Mr. Perkins has been serving.
...,.
Memo to: Board of Supervisors
Date: January 15, 1992
Page 3.
HAZARDOUS MATERIALS - LOCAL EMERGENCY PLANNING COMMITTEE: Mrs. Humphris has
been serving.
dAlb-BeARB~--Mr~~-Httmphri~-ha~-been-~erving-on-~he-daiI-Board~--Her-~erm-expired
on-Beeember-31.-1991~
JAUNT BOARD OF DIRECTORS: Mr. Way has been serving on this board.
JOINT TRANSPORTATION COMMITTEE: Mr. Bowerman, Mr. Bowie and Mr. Bain have been
serving on this committee.
METROPOLITAN PLANNING ORGANIZATION, POLICY COMMITTEE: Mr. Bain and Mrs.
Humphris have been serving.
PERSONNEL ADVISORY COMMITTEE: Mr. Bowerman and Mr. Perkins have been serving.
PIEDMONT JOB TRAINING POLICY BOARD: Mr. Bowie has been serving as alternate.
PLANNING AND COORDINATION COUNCIL: Mr. Bowie and Mr. Bowerman have been serv-
ing.
PLANNING DISTRICT COMMISSION: Mr. Bain and Mr. Bowerman have been serving.
LEN:mms
David P. Bowerman
Charlottesville
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
Scollsville
Edward H. Bain. Jr
Samuel Miller
Charles S Martin
Rivanna
Charlotte Y Humphris
Jack Jouett
Walter F Perkins
While Hall
January 24, 1992
Mr. James B. Murray, Jr.
o Court Square
Charlottesville, VA 22902
Dear Mr. Murray:
At the Board of Supervisors meeting held on January 22, 1992,
you were reappointed to the Industrial Development Authority, with
said term to expire on January 19, 1996.
On behalf of the Board, I would like to take this opportunity
to express the Board's appreciation for your willingness to contin-
ue serving the County in this capacity.
Sincerely,
(;J4~u-,
David P. Bowerman
Chairman
DPB:bwh
cc: Shelby J. Marshall, Clerk
James L. Camblos, III,
Commonwealth's Attorney
~. \\7
: 1 l
. \ I
Edward H. Bain. Jr
Samuei Miller
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
Scolt5ville
David P. Bowerman
Charlottesville
Charles 5 Martin
Rivanna
Charlotte Y Humphris
Jack Jouett
Walter F. Perkins
White Hall
January 24, 1992
Mr. W. Ivar Mawyer
P. o. Box 67
North Garden, VA 22959
Dear Mr. Mawyer:
At the Board of Supervisors meeting held on January 22, 1992,
you were reappointed to the Equalization Board, with said term to
expire on December 31, 1992.
On behalf of the Board, I would like to take this opportunity
to express the Board's appreciation for your willingness to contin-
ue serving the County in this capacity.
Sincerely,
LI2<~
Chairman
DPB:bwh
cc: Bruce Woodzell
James L. Camblos, III,
Commonwealth's Attorney
r~::'\ vi7
; 1 } /} \ f
,
i
David P. Bowerman
Charlollesville
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
Edward H. Sain. Jr
Samuel Miller
Charles S Martin
Rivanna
Charlotte Y Humphris
Jack Jouett
Walter F Perkins
White Hall
January 30, 1992
Ms. Linda Wilson
Jefferson Area United Transportation
1138 East High Street
Charlottesville, VA 22901
Dear Ms. Wilson:
At its meeting on January 22, 1992, the Board of Supervisors
appointed Mr. Forrest R. Marshall, Jr., Route 6 Box 305-A,
Charlottesville, Virginia, 22902, to the Jefferson Area United
Transportation Board of Directors, term to end September 30, 1993.
Sincerely,
LEN:bh
<~<,. "'~"\, ~-"7
Edward H. Baln. 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
Forrest R Marshall. ,Jr
Scoltsvdle
David P. Bowerman
Charlottesville
Charles S. Martin
Rlvanna
Charlotte Y Humphris
Jack Jouett
Walter F. Perkins
White Hall
January 30, 1992
Ms. Kaye Harden
Emergency Services Coordinator
P. o. Box 911
Charlottesville, VA 22901
Dear Ms. Harden:
At its meeting on January 22, 1992, the Board of Supervisors
appointed Mr. Charles S. Martin, 200 Pineridge Lane,
Charlottesville, Virginia, 22901, to the Hazardous Materials -
Local Emergency Planning Committee.
~y~
Lettie E. Neher, Clerk, CMC
LEN:bh
...."...,."........,
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..'>;'~.\; "~;l
i
I
I
I
Edward H. Baln. 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
Forrest R Marshall. Jr
SCOI1SIv'illl:'
David P. Bowerman
Ch.:nlollesville
Charles S, Martin
Rlvanna
Charlotte Y Humphris
Jack Jouett
Walter F Perkins
White Hall
M E M 0 RAN DUM
TO:
Carole A. Hastings
Director of Personnel/Human
7;;:J
FROM:
Lettie E. Neher, Clerk, CMC
Board of Supervisors
SUBJECT: Appointment to Personnel Advisory Committee
At its meeting, January 22, 1992, the Board of Supervisors
appointed Mr. Forrest R. Marshall, Jr., and reappointed Mr. Walter
F. Perkins to the Personnel Advisory Committee.
LEN:bh
f'~~
!
, l
IJ
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
Forrest R Marshall. Jr
Scottsvllle
David P. Bowerman
Charlottesville
Charles S Martin
Rivanna
Charlotte Y. Humphris
Jack Jouett
Walter F Perkins
White Hall
February 11, 1992
Mr. Willie Blanton
Piedmont Job Training
400 Preston Avenue, Suite 301
Charlottesville, VA 22901
Dear Mr. Blanton:
The Board of Supervisors at its meeting January 22, 1992,
appointed Mr. Charles S. Martin, to the Piedmont Job Training
Policy Board. Mr. Martin's address is 200 Pineridge Lane,
Charlottesville, VA 22901, work phone number is 979-7191.
Clerk, CMC
LEN:bh
Distributed to Board: /-f7j ?.
Ci
Agenda Item No. I Z. 01 J,) . 4 t.v
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
Forrest R. Marshall. Jr.
Scottsville
David P. Bowerman
Charlottesville
Charles S. Martin
Rivanna
Charlotte Y. Humphris
Jack Jouett
Walter F. Perkins
White Hall
M E M 0 RAN DUM
TO: Board of Supervisors
FROM: Lettie E. Neher, Clerk, CMC ill\'
DATE: January 17, 1992
SUBJECT: Reading List for January 22, 1992
pages--1------2T-( eud # lOt - Mr - Pe r kin& ./U..,u;{ - U<../ CC21..de....v
pa-ges-27--(*1:-fr)- - 37 ( end #12) ~-Bowe;r-man .1.u111- ;1,-(J21til~
pag.e.s.._37-+-*1.2) - end - Mrs. Humphris
Augus-t 7, 1991---.--.- page-.J...-",-J.-4_..( end --i-7-J---::J1r~-.Bai-n--~ul - ;U1'fW:.o - -l4L &/}c{~,L
April 17, 1991 -
LEN:ec