The URL can be used to link to this page

Home My WebLink About1991-07-17 ., I N A L July 17>> 1991 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) SP-90-117. Paul Bland Tilman. Public Hearing on a request for a bridge in the floodway of Yellow Mountain Creek on 93.6 ac zoned RA. Property on W side of Rt 689 approx 1/2 mi S of inters with Rt 250 W. TM71,P5. Samuel Miller Dist. (This property does not lie in a designated growth area.) 7)) Public Hearing on an ordinance to amend and reenact Article II, Chapter 15, Section 15-2, "Personnel" of the Code of Albemarle by deleting the compensation of certain boards and commissions. 8) CPA-91-01. Public Hearing on an amendment to the Comprehensive Plan to include The Bike Plan for the City of Charlottesville and Albemarle County as an element thereof. 9) Meals Tax Referendum, Discussion of. 10) Conditions of Approval, Mobile Homes Authorized Administratively, Discussion of. 11) Other Matters Not Listed on the Agenda from the BOARD. 12) Adjourn. CON S E N T AGE N D A FOR APPROVAL: 5.1 Request for Street Name Sign Maintenance Resolution for Laurel Ridge Subdivision. 5.2 Request for Street Name Sign Maintenance Resolution for Ashcroft Subdivision. 5.3 Request for Street Name Sign Maintenance Resolution for Raintree Subdivision, Phases 3, 4 and 5. 5.3a 1991 Community Development Block Grant Requirements - Albemarle Housing Rehabilitation Program. The Board is requested to: 1) Adopt a "Section 3" Plan to comply with Section 3 of the HUD Act of 1968 making provisions to use lower income project area persons for employment and training, and project area businesses for contracts in implementing the project; 2) Adopt an Anti-Displacement Plan, indicating that no dwellings exist on the project site, therefore, there will be no displacement or conversion of occupiable structures; 3) Adopt a Non-Discrimination/Equal Employment Opportunity Policy, designating David Benish, Chief of Community Development, as the Section 504 (Handicapped Rehabilitation Act) Coordinator for this grant; 4) Certify that an action will be carried out each year to affirmatively further fair housing; and 5) Designate David Benish, Chief of Community Development, as Project Manager, and Robert Walters, Jr., Deputy Director of Finance, as Financial Officer. FOR INFORMATION: 5.4 Letter dated July 2, 1991, from Ray D. Pethtel, Commissioner, Department of Transportation, noting that certain roads in Raintree Subdivision were accepted into the Secondaryt System of Highways effective June 28, 1991. 5.5 Letter dated June 18, 1991, from Amelia M. Patterson, Zoning Administrator, re: SP-91-17, Mooreland Baptist Church, and SP-91-19, Olivet Presbyterian Church, entitled: "Determination of No Special Permit Required." 5.6 Letter dated July 3, 1991, from Amelia M. Patterson, Zoning Administrator, to Edward H. Bain, Jr., re: "Official Determination of Number of Parcels - Section 10.3.1; Tax Map 41, Parcel 13." 5.7 Copy of the Planning Commission's Minutes for June 25 and July 9, 1991. COUNTY OF ALBEMARLE OFFICE OF BOARD OF SUPERVISORS 401 MCiNTIRE ROAD CHARLOTTESVILLE, VIRGINIA 22901-4596 MEMORANDUM LE'ITKR AMENDED. ATTACHHENTS WERE ALL RIGHT. TO: Robert W. Tucker, Jr., County Executive V. Wayne Cilimberg, Director, Planning and Community Development FROM: Lettie E. Neher, Clerk, CMC DATE: July 18, 1991 SUBJECT: Board Actions of July 17, 1991 Following is a list of actions taken by the Board at its meeting on July 17, 1991: Agenda Item No. 5.1. Laurel Ridge Subdivision. Request for Street Name Sign Maintenance Resolution for ADOPTED resolution attached approving request. Agenda Item No. 5.2. Request for Street Name Sign Maintenance Resolution for Ashcroft Subdivision. ADOPTED attached resolution approving request. Agenda Item No. 5.3. Request for Street Name Sign Maintenance Resolution for Raintree Subdivision, Phases 3, 4 and 5. ADOPTED attached resolution approving request. '-- ;. Agenda Item No. 5.3a. 1991 Community Development Block Grant Requirements - Albemarle Housing Rehabilitation Program. The Board is requested to: 1) Adopt a "Section 3" Plan to comply with Section 3 of the HUD Act of 1968 making provisions to use lower income project area persons for employment and training, and project area businesses for contracts in implementing the project; ADOPTED. Certified copy attached. 2) Adopt an Anti-Displacement Plan, indicating that no dwellings exist on the project site, therefore, there will be no displacement or conversion of occupiable structures; ADOPTED. Certified copy attached. 3) Adopt a Non-Discrimination/Equal Employment Opportunity Policy, desig- nating David Benish, Chief of Community Development, as the Section 504 . (Handicapped Rehabilitation Act) Coordinator for this grant; ADOPTED. Certified copy attached. 4) Certify that an action will be carried out each year to affirmatively further fair housing; CERTIFICATE signed by Bob Tucker is attached. 5) Designate David Benish, Chief of Community Development, as Project Manager, and Robert Walters, Jr., Deputy Director of Finance, as Financial Officer. APPROVED. Agenda Item No.6. SP-90-117. Paul Bland Tilman. Public Hearing on a request for a bridge in the floodway of Yellow Mountain Creek on 93.6 ac zoned RA. Property on W side of Rt 689 approx 1/2 mi S of inters with Rt 250 W. TM71,P5. Samuel Miller Dist. APPROVED subject to the following conditions: 1. Department of Engineering approval of crossing design and implementa- tion. In such approval, the County Engineer shall be particularly mindful of the Watershed Management Official's comments of January 18, 1991; 2. Any residential development or subdivision which will utilize the cross- ing will require the crossing to be further reviewed for adequacy. Agenda Item No.7. Public Hearing on an ordinance to amend and reenact Article II, Chapter 15, Section 15-2, "Personnel" of the Code of Albemarle by deleting the compensation of certain boards and commissions. ADOPTED. Copy of the ordinance is attached. Agenda Item No.8. CPA-91-01. Public Hearing on an amendment to the Compre- hensive Plan to include The Bike Plan for the City of Charlottesville and Albemarle County as an element thereof. ADOPTED the "Bicycle Plan for the City of Charlottesville and Albemarle County" as prepared by the City of Charlottesville and Albemarle County for the MetropPlitan Planning Organization, May 1991, as an element of the Albemarle County Comprehensive Plan. Agenda Item No.9. Meals Tax Referendum, Discussion of. APPROVED the word- ing which follows for the Writ of Election to replace the wording between the quote marks. "Shall Albemarle County be authorized to levy a food and beverage tax of no more than four percent on food and beeverages sold for human consumption by restaurants and on prepared sandwiches and single-meal platters sold for gro- cery stores and convenience stores at delicatessan counters, and such tax, in no event, to exceed eight and one-half percent when added to the state and local general sales and use tax?" AUTHORIZED Mr. St. John to file a petition with the Circuit Court of Albemarle County asking them to file the Writ of Election. .. .... .. DISCUSSED adoption of an ordinance imposing a "meals tax", and requested staff to return all necessary information to the Board for the September day meeting. Agenda Item No. 10. tratively, Discussion of. Ordinance. Copy attached. Conditions of Approval, Mobile Homes Authorized Adminis- ADOPTED a resolution of intent to amend the Zoning .. Agenda Item No. 11. Other Matters Not Listed on the Agenda from the BOARD. Concerning letter VDOT to the Planning District Commission about a proposal to change its funding formula, Bob Tucker will write a letter asking why the County was not informed of the meetings and stating that the Board does not want the change in formula to impact Albemarle County. Mrs. Humphris mentioned an approval given by the Board on August 1, 1990, for SP-90-50, a stream crossing of Buck Mountain Creek. It was suggested that the staff investigate the problem for a solution before the Board becomes involved. LEN:mms Attachments (9) cc: Robert Brandenburger Bruce Woodzell Amelia Patterson George R. St. John File /;"'!~:;..\l i t ....- <! ~ , " . , , . I 'i ' \...._..j ~ . , ' ..~ , ,,~j <>'.... .... , " (I ; i f , COUNTY OF ALBEMARLE OFFICE OF BOARD OF SUPERVISORS 401 McINTIRE ROAD CHARLOTTESVILLE, VIRGINIA 22901-4596 MEMORANDUM TO: Robert W. Tucker, Jr., County Executive V. Wayne Cilimberg, Director, Planning/Community Development FROM: Lettie E. Neher, Clerk, CMC DATE: July 18, 1991 ~ SUBJECT: Board Actions of July 17, 1991 Following is a list of actions taken by the Board at its meeting on July 17, 1991: Agenda Item No.6. SP-90-117. Paul Bland Tilman. Public Hearing on a request for a bridge in the floodway of Yellow Mountain Creek on 93.6 ac z9ned RA. Property on W side of Rt 689 approx 1/2 mi S of inters with Rt 250 W. TM71,P5. Samuel Miller Dist. APPROVED subject to the following conditions: 1. Department of Engineering approval of crossing design and implementation. Ii1.c~uch approval, the County Engineer shall be particularly mindful of the Watershed Management Official's comments of January 18, 1991; 2. Any residential development or subdivision which will utilize the crossing will require the crossing to be further reviewed for adequacy. Agenda Item No.7. and reenact Article II, the Code of Albemarle by boards and commissions. attached. Public Hearing on an ordinance to amend Chapter 15, Section 15-2, "Personnel" of deleting the compensation of certain ADOPTED. Copy of the ordinance is Memo To: Date: Page 2. V. Wayne Cilimberg and Robert W. Tucker, Jr. July 18, 1991 Agenda Item No.8. CPA-91-01. Public Hearing on an amendment to the Comprehensive Plan to include The Bike Plan for the City of Charlottesville and Albemarle County as an element thereof. ADOPTED the "Bicycle Plan for the City of Charlottesville and Albemarle County" as prepared by the City of Charlottesville and Albemarle County for the Metropolitan Planning Organization, May 1991, as an element of the Albemarle County Comprehensive Plan. Agenda Item No.9. Meals Tax Referendum, Discussion of. APPROVED the wording which follows for the Writ of Election to replace the wording between the quote marks. "Shall Albemarle County be authorized to levy a food and beverage tax of no more than four percent on food and beeverages sold for human consumption by restaurants and on prepared sandwiches and single-meal platters sold for grocery stores and convenience stores at delicatessan counters, and such tax, in no event, to exceed eight and one-half percent when added to the state and local general sales and use tax?" AUTHORIZED Mr. St. John to file a petition with the Circuit Court of Albemarle County asking them to file the Writ of Election. DISCUSSED adoption of an ordinance imposing a "meals tax", and requested staff to return all necessary information to the Board for the September day meeting. Agenda Item No. 10. Conditions of Approval, Mobile Homes Authorized Administratively, Discussion of. ADOPTED a resolution of intent to amend the Zoning Ordinance. Copy attached. Agenda Item No. 11. Ot~~r Matters Not Listed on the Agenda f rom the BOARD. '-; concerning letter from VDOT to the Planning District Commis- sion about a proposal to change its funding formula, Bob Tucker will write a letter asking why the County was not informed of the meetings and stating that the Board does not want the change in formula to impact Albemarle County. Mrs. Humphris mentioned an approval given by the Board on August 1, 1990, for SP-90-50, a stream crossing of Buck Mountain Creek. It was suggested that the staff investigate the problem for a solution before the Board becomes involved. LEN:mms cc: Robert Brandenburger George R. St. John R. E. Huff Amelia Patterson Bruce Woodzell File RES 0 L UTI 0 N ~ ...~. . i; I '.\ < ~ . ~ t ~ r- , .~.,' \ , I ! I i I I t i; ! \ , 'J ; , ' " ; \, ",.-1 ,~"... 1..-. WHEREAS request has been received for a street sign to identi- fy the following road: Hawkwood Court (State Route 1093) at its intersection with State Route 676. WHEREAS a citizen has agreed to purchase this sign through the Office of the County Executive and to conform to standards set by the Virginia Department of Transportation: NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the Virginia Department of Trans- portation be and the same hereby is requested to install and maintain the above mentioned street sign. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing is a true, correct copy of a resolution unanimously adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on July 17, 1991~ ~G~ Clerk, Board of County Supervisors RES 0 L UTI 0 N WHEREAS request has been received for a street sign to identi- fy the following road: Lego Drive (State Route 1090) at its intersection with frontage road Route F-179. WHEREAS a citizen has agreed to purchase this sign through the Office of the County Executive and to conform to standards set by the Virginia Department of Transportation: NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the Virginia Department of Trans- portation be and the same hereby is requested to install and maintain the above mentioned street sign. * * * * * I, Lettie E. Neher, dO,hereby certify that the foregoing is a true, correct copy of a resolution unanimously adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on July 17, 1991. RES 0 L UTI 0 N WHEREAS request has been received for street signs to identify the following roads: Hopkins Court (State Route 1037) and Old Brook Road (state Route 652) at its intersection. Snowden Drive (State Route 1180) and Old Brook Road (State Route 652) at its intersection. Snowden Drive (State Route 1180) and Surry Hill Court (State Route 1181) at its intersection. Ramblewood Place (State Route 1182) and Old Brook Road (State Route 652) at its intersection. Ramblewood Place (State Route 1182) and Farm Brook Place (State Route 1183 at its intersection. WHEREAS a citizen has agreed to purchase these signs through the Office of the County Executive and to conform to standards set by the Virginia Department of Transportation: NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the Virginia Department of Trans- portation be and the same hereby is requested to install and maintain the above mentioned street signs. * * * * * ~-;. I, Lettie E. Neher, do hereby certify that the foregoing is a true, correct copy of a resolution unanimously adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on July 17, 1991. ~~ Clerk, Board of County 1J SECTION 3 PLAN " [7 , Ii I ~ I, ~J/ '-~.~.j iJ COUNTY OF ALBEMARLE 1. The County of Albemarle designates as its Section 3 coyered project area the boundaries of the County. 2. The County of Albemarle, its contractors, and designated third parties shall in utilizing Community Improvement Grant Funds utilize businesses and lower income residents of the Section 3 covered Project Area in carrying out all activities, to the greatest extent feasible. 3. In awarding contracts for work and for procurement of materi- als, equipment or services, the County of Albemarle, its contractors, and designated third parties shall take the following steps to utilize businesses which are located in or owned in substantial part by persons residing in the Section 3 area: (a) The County of Albemarle shall ascertain what work and procurements are likely to take place through the Commu- nity Improvement Grant funds. (b) The County of Albemarle shall ascertain through various and appropriate sources including: Charlottesville Daily Progress the business concerns covered by Section 3 which are likely to provide materials, equipment and services which will be utilized in the activities funded through Commu- nity Improvement Grant. (c) The identified business concerns shall be apprised of opportunities to submit bids, quotes or proposals for work or procurement contracts which utilize CIG funds. (d) To the greatest extent feasible the identified businesses and any other project area business concerns shall be utilized in activities which are funded with CIG's. 4. In the utilization of trainees or employees for activities funded through CIG's the County of Albemarle, its contractors, the designated third parties shall take the following steps to utilize lower income person residing in the Section 3 covered project area. .. '" - 2 - (a) The County of Albemarle in consultation with its contrac- tors (including design professionals) shall ascertain the types and number of positions for both trainees and employees which are likely to be utilized during khe project funded by CIG's. (b) The County of Albemarle shall advertise through the following sources the availability of such positions with the information on how to apply. Charlottesville Daily Progress (c) The County of Albemarle, its contractors, and designated third parties shall be required to maintain a record of inquiries and applications by project area of residents who respond to advertisements, and shall maintain a record of the status of such inquiries and applications. (d) To the greatest extent feasible, the County of Albemarle, its contractors, and designated third parties shall utilize lower income project area residents in filling training and employment positions necessary for imple- menting activities funded by CIG's. 5. In order to ascertain substantial compliance with the above affirmative actions and Section 3 of the Housing and Community Development Act of 1968, the County of Albemarle shall keep, and require to be kept by contractors and designated third parties, listings of all persons employed and all procurements made through the implementation of activities funded by CIG's. Such listings shall be complete and shall be verified by site visits and interviews, cross checking of payroll reports and invoices, and through audits if necessary. * * * * * ., ~ I, Lettie E. Neher, do hereby certify that the foregoing writing is a true, correct copy of a Section 3 Plan, adopted unanimously by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting h~n JU1Y.~ 9 Cle~~~ntY U , , Residential Anti-Displacement and Relocation Assistance Plan The County of Albemarle accepts the responsibility to replace all occupied and vacant occupiable low/moderate-income dwelling units demolished or converted to a use other than as low/moderate-income dwelling units as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended. All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the County will make public and advise the state that it is undertaking such an activity and will submit to the state, in writing, information that identifies: 1. a description of the proposed assisted activity; 2. the general location on a map and approximate number of dwelling units by size (number of bedroom) that will be demolished or converted to a use other than as low/moderate-income dwelling units as a direct result of the assisted activity; 3. a time schedule for the commencement and completion of the demolition or conversion; 4. the general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units; 5. the source of funding and a time schedule for the provisions of replacement dwelling units; 6. the basis for concluding that each replacement dwelling unit will remain a low/moderate-income dwelling units for at least ten years from the date of initial occupancy; and 7. information demonstrat~ng that any proposed replacement of dwelling units with smal~er dwelling units is consistent with the housing needs of low- and moderate-income households in the jurisdiction. The County will provide relocation assistance to each low/moderate-income household displaced by the demolition of housing or by the direct result of assisted activities. Such assistance shall be that provided under Section 104(d) of the Housing and Community Development Act of 1974, as amended, or the Uniform Relocation Assistance and Real Property Acquisition-Poli- cies Act of 1970, as amended. The County's FY91 project includes the following activities: The rehabilitation of 38 dwelling units to HUD Section 8 Minimum Property Standards. It will also include the removal . - 2 - of debris, derelict structures, weeds and abandoned vehicles around houses improved. The project will benefit 98 low to moderate income individuals. The activities as planned will not cause any displacement from or conversion of occupiable structures. As planned, the project calls for the use of existing right-of-way or easements to be purchased or the acquisition or tracts of land that do not contain housing. The County will work with the grant management staff, engineers, project area residents, and the Department of Housing and Community Development to ensure that any changes in project activities do not cause any displacement from or conversion of occupiable structures. In all cases, an occupiable structure will be defined as a dwelling that meets local building codes or a dwelling that can be rehabili- tated to meet code for $25,000 or less. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing writing is a true, correct copy of a Residential Anti-Displacement and Relocation Assistance Plan, adopted unanimously by the Board of Supervisors of Albemarle County, V'rginia, at a regular meeting held on July 17, 1991. ~ C erk, Board 0 ounty Sup rvisors NONDISCRIMINATION/ EQUAL EMPLOYMENT OPPORTUNITY /' '~',~"'~. r.-"~~-\ y~-'~ . 'f \ '~, ", . . " '., f, ~ ) j'\~~~\";)\ " . \-~': 1 I) 1: r'-" : POLi[S;y \_~~~) LJ L It shall be the policy of the Board of Supervisors of Albemarle County, Virginia, that all persons are entitled to Equal Employment Opportunities and that it does not discriminate against its employees or applicants for employment because of race, creed, color,national origin, age, sex, handicap or other nonmerit factors provided they are qualified and meet the physical requirements established for the position. The County will abide by Section 504 of the handicapped Rehabilitation Act. For the purposes of complying with Section 504 of the Rehabi- litation Act of 1973 for the 1991 Community Development Block Grant, Mr. David Benish, Chief of Community Development, Albemarle County Department of Planning and Community Development is desig- nated as section 504 Coordinator. The nearest telecommunication system for the hearing impaired is located in the Virginia Depart- ment of Rehabilitative Services, 300 Preston Avenue, Charlottesville, Virginia, 22901, telephone 296-5621. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing writing is a true, correct copy of a Nondiscrimination/Equal Employment Opportunity Policy, adopted unanimously by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on July 17, 1991. '. ~ ;ff; ~~ard of Co ty Superv1sors CERTIFICATION " ',', ; ,: i . .i \.f I ,.../ '\ I \,,~_I U U i r \ ' ...._~.."" Compliance with Title VIII of the Civil Rights Act of 1968 WHEREAS, the County of Albemarle has been offered and intends to accept federal funds authorized under the Housing and Community Development act of 1974; and WHEREAS, recipients of funding under the Act are required to take action to affirmatively further fair housing. NOW, THEREFORE, the County of Albemarle agrees to take at least one action to affirmatively further fair housing each calen- dar year, during the life of its project funded with Community Development Block Grant funds. The action taken will be selected from a list provided by the Virginia Department of Housing and and Community Development. Robert W. Tucker, County Executive July 17, 1991 Date ',- " ~ \.-,-;. AN ORDINANCE TO AMEND AND REENACT ARTICLE II, CHAPTER 15, "PERSONNEL" OF THE CODE OF ALBEMARLE DELETING THE COMPENSATION OF CERTAIN BOARDS AND COMMISSIONS BE IT ORDAINED that Article II, Chapter 15, "Personnel" of the Code of Albemarle, in Section 15-2, be amended and reenacted to read as follows: Sec. 15-2. Enumerated. Each member of the following boards and commissions duly appointed by the board of supervisors shall be paid thirty-five dollars ($35.00) for each and every regularly scheduled meeting of the board or commission actually attended, as set forth in the rules and regulations of that board or commission: board of zoning appeals, land use advisory board, and equalization board. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing is a true, correct copy of a resolution unanimously adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on July 17, 1991. Clerk, Board RES 0 L UTI 0 N o F INTENT BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, does hereby state its intent to amend the Albemarle County Zoning Ordinance in Section 5.6.2, Conditions of Approval for Mobile Homes on Individual Lots by the addition thereto of a subsection "f" reading: "No rental to be made of the mobile home, the same to be occupied by the owner of the land on which the mobile home is location, or by a lineal relative or bona fide agricultural employee of the owner; and FURTHER request the Albemarle County Planning Commission to hold public hearing on said intent to amend the Zoning Ordinance, and does request that the Planning Commission send its recommenda- tion to this Board as soon as possible. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing is a true, correct copy of a resolution unanimously adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on July 17, 1991. . ~;:f; Clerk, Board of Count ~ ..1( \; : RES 0 L UTI 0 N WHEREAS request has been received for a street sign to identi- fy the following road: Hawkwood Court (State Route 1093) at its intersection with State Route 676. WHEREAS a citizen has agreed to purchase this sign through the Office of the County Executive and to conform to standards set by the Virginia Department of Transportation: NOW, THEREFORE, BE IT RESOLVED by the Board of supervisors of Albemarle County, Virginia, that the Virginia Department of Trans- portation be and the same hereby is requested to install and maintain the above mentioned street sign. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing is a true, correct copy of a resolution unanimously adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on July 17, 1991~ ~%0~ Clerk, Board of County Supervisors .. Distributed to Board: 71 (2,9/ (' . Ag'~nd,1 I:cm no. 21, (j 71l( \-J) _.--~~ COUNTY OF ALBEMARLEp 1.i';J' ~ ..-" ~,\ > U f"'. r (;: ~,i j .,~'_; !) l~~ S MEMORANDUM TO: Lettie E. Neher, Board of Supervisors Clerk FROM: Dennis C. Friedrich, Engineering Department he={- DATE: July 11, 1991 RE: Street Sign Request - Laurel Ridge Subdivision Lanahan Construction Company, Inc., that developed Laurel Ridge Subdivision, went bankrupt in 1989 and the County of Albemarle called the bond for this project. The County paid for the street name sign and shipping cost, utilizing a portion of the bond money. Hawkwood Court has recently been accepted by the Virginia Department of Transportation for maintenance. The location of the sign to be incorporated for maintenance is as follows: Identify Hawkwood Court (State Route 1093) at its intersection with State Route 676. Would you please submit this location in the form of a resolution for an upcoming Board of Supervisors meeting? DCF/vlh .'- . RES 0 L UTI 0 N WHEREAS request has been received for a street sign to identi- fy the following road: Lego Drive (State Route 1090) at its intersection with frontage road Route F-179. WHEREAS a citizen has agreed to purchase this sign through the Office of the County Executive and to conform to standards set by the Virginia Department of Transportation: NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the Virginia Department of Trans- portation be and the same hereby is requested to install and maintain the above mentioned street sign. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing is a true, correct copy of a resolution unanimously adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on July 17, 1991. tJistributed to Board: 1 (i tjj AZ8~da !t'3m No. tj/. ()'7 1'7 ~~ z.... ) _,' ';' <: L COUNTY OF ALBEMARLE". i.:: \(:)9i ., ,',. ,.', 1-:-' \.f,Ur"\iit' C; F ~:. l.: l) L P V i...;'~, (1 \~ s . MEMORANDUM TO: Lettie E. Neher, Board of Supervisors Clerk FROM: Dennis C. Friedrich, Engineering Department lrc::f DATE: RE: July 11, 1991 Street Sign Request - Ashcroft Subdivision Mr. Richard L. Beyer, President of Liberty Land Limited, developer for Ashcroft Subdivision, has requested a street name sign for Lego Drive at the entrance to the subdivision. He has agreed to pay for the cost of the sign plus shipping. Lego Drive has recently been accepted by the Department of Transportation for maintenance. The location of the sign to be incorporated for maintenance is as follows: Identify Lego Drive (State Route 1090) at its intersection with frontage road Route F-179. Would you please submit this location in the form of a resolution for an upcoming Board of Supervisors meeting? A copy of Mr. Beyer's May 24, 1991 request letter to Mr. Richard Moring, Director of Engineering, is attached. DCF/vlh Attachment LIBERTY LAND LIMITED 2001 N. Pantops Drive . CHARLOTTESVILLE, VIRGINIA 22901 - [804) 977-0778 May 24, 1991 Mr. Richard Moring Albemarle County Engineering Department 401 McIntire Road Charlottesville, Virginia 22901 Dear Mr. Moring: I would like to order a sign for Lego Drive in Ashcroft. The sign will be placed where Lego Drive intersects with Frontage Road F179. I understand that I'll be responsible for the cost of the sign and shipping. As soon as I receive it I would appreciate you taking whatever steps are necessary for this sign to go under VDOT maintenance. I will be the contact person at 977-0778. Sincerely, LIBERTY LAND LIMITED ~. Richard L. RLB/dcr REAL ESTATE DEVELOPERS ASHCROFT - STONEWOOD - SHADWELL MOUNTAIN RES 0 L UTI 0 N WHEREAS request has been received for street signs to identify the following roads: Hopkins Court (State Route 1037) and Old Brook Road (state Route 652) at its intersection. Snowden Drive (State Route 1180) and Old Brook Road (State Route 652) at its intersection. Snowden Drive (State Route 1l80) and Surry Hill Court (State Route 1181) at its intersection. Ramblewood Place (State Route 1182) and Old Brook Road (State Route 652) at its intersection. Ramblewood Place (State Route 1182) and Farm Brook Place (State Route 1183 at its intersection. WHEREAS a citizen has agreed to purchase these signs through the Office of the County Executive and to conform to standards set by the Virginia Department of Transportation: NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the Virginia Department of Trans- portation be and the same hereby is requested to install and maintain the above mentioned street signs. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing is a true, correct copy of a resolution unanimously adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on July 17, 1991. ~~ Clerk, Board of County Distributed to Board: _ 7, 12- '7 L II ." ""'dC "1 ..7[!l7 /?~:l) COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: Lettie E. Neher, Board of Supervisors Clerk Dennis C. Friedrich, Engineering Department j1C:'~ July 12, 1991 Street Sign Request - Raintree Subdivision, Phases 3, 4, and 5. Mr. J. P. Hill, Mr. Robert M. Hauser, and Mr. Mark Bullock of Republic Homes, Inc. have requested street name signs for Phases 3, 4, and 5 in Raintree Subdivision. They have paid for the signs and shipping, plus installed them. These roads have recently been accepted by the Department of Transportation for maintenance. The location of the signs to be incorporated for maintenance are as follows: Identify Hopkins Court (State Route 1037) and Old Brook Road (State Route 652) at its intersection. Identify Snowden Drive (State Route 1180) and Old Brook Road (State Route 652) at its intersection. Identify Snowden Drive (State Route 1180) and Surry Hill Court (State Route 1181) at its intersection. Identify Ramblewood Place (State Route 1182) and Old Brook Road (State Route 652) at its intersection. Identify Ramblewood Place (State Route 1182) and Farm Brook Place (State Route 1183) at its intersection. Would you please submit these locations in the form of a resolution for an upcoming Board of Supervisors meeting? A copy of the developer's letters of January 8, 1985, January 7, 1987, and October 20, 1987, to the Director of Engineering, is attached. DCF/vlh Attachment L& Republic Homes, Inc. t""_.., - , I;M'1 ;,': t:.. I ~ d ; .',') 2788 Hydraulic Road Charlottesville, Virginia 22901 (804J 973-3377 Er-,;~-: , <1,'..~ JJt.:..i';"(. eY,~, ......,.....,.________ January 8, 1985 Mr. Maynard Elrod Albemarle County Engineer 401 McIntire Road Charlottesville, VA 22901-4596 Re: Raintree, Phases II & III Dear Mr. Elrod, Republic Homes would like to request the following street signs for the above referenced subdivision; QUANTITY LABEL 2 1 1 Old Brook Road Wildmere Place Hopkins Court Republic Homes will pay for these street signs and will be responsible for their installation. Thank you for your help with this matter. g;~~ Robert M. Hauser Executive Vice President RMH:lr V{RMH} . ' LA Republic Homes, Inc. ; ."'~ () 2788 Hydraulic Road Charlottesville. Virginia 22901 (804 J 973-3377 (.~ f._S~"" r, r"-.~r.,.:'\, -- Dt-:' ' ~i"j'..AlI.i.:.t.i\ll'H;i c;.PT. UY ~Jf?_::L.~."...._.,"",.,_""." January 7~ 1987 Albemarle County Office Building Department of Engineering ATTN: Mike Armm 401 McIntire Road Charlottesville, VA 22901-4596 Dear Mr. Armm: I am writing to request your assistance in obtaining street signs for Phase IV Raintree. In this phase~ I will need four street signs: 1. Old Brook Road - one each 2. Ramblewood Place - two each 3. Farm Brook Place - one each Upon acceptance of these streets by the Virginia Department of Highways and Transportation these signs will be state maintained. I appreciate your help in obtaining these signs. If you should have any questions~ please let me know. Sincerely~ ~. P. '+-: \\ J. P. Hill Director of Construction JPH/tad LA Republic Homes, Inc. 2788 Hydraulic Road Charlottesville, Virginia 22901 (804) 973-3377 ~~@~GW~~ OCT 2 1 1.9tJ( By~ER;NG DEPT. 'I>' October 20th, 1987 i'-Iichael Armm Director of Engineering County of Albemarle 401 McIntire Road Charlottesville, VA 22901-4596 RE: Street signs, Raintree Phase V Dear Mr. Armm: The Raintree Phase V subdivision will need street signs at the following intersections: Old Brook Road and Snowden Drive, Snowden Drive and Surry Hill Court. Republic Homes is ~illing to pay for the cost of the signs plus UPS shipping charges. We would like for these signs to be placed under State Maintenance after they are installed. Contact person at Republic Homes is Mark Bullock, (Ph. 973-3377). If you have any questions or problems please give me a call. ji;)~ Mark Bullock MB/smw COUNTY OF AL8tMARLI:. COUNTY OF ALBEMARLE EXECUTIVE OFFICE MEMORANDUM FROM: Robert W. Tucker,Jr, , County Executive David B. Benish, Chief of Community Development 1)1? r~~ TO: DATE: July 12, 1991 RE: 1991 CDBG Requirements - Albemarle Housing Rehabilitation Program Prior to executing a contract with the Virginia Department of Housing and Community Development for CDBG funds, several items must be approved by the Board of Supervisors, They include: o Adoption of a "Section 3" Plan (Attachment 1). This plan serves to comply with Section 3 of the Housing and Urban Development Act of 1968 by making provisions to use to the greatest extent feasible lower income project area persons for employment and training positions, and project area businesses for contracts in implementing the project, This plan designates the entire County as the project area, o Adoption of an Anti-Displacement Plan (Attachment 2), This Plan indicates that no existing dwellings exist on the project site and, therefore, no displacement or conversion of occupiable structures is anticipated, o Adoption of Non-Discrimination/Equal Employment Opportunity Policy (Attachment 3). Approval of this policy designates David Benish, Chief of Community Development as the Section 504 (Handicapped Rehabilitation Act) Coordinator for this grant, o Certify by resolution that an action will be carried out each year to affirmatively further fair housing (Attachment 4), The County has already satisfied this requirement for this year, Robert W. Tucker, Jr. July 12, 1991 Page 2 o Board designation of Project Manager and Financial Officer. Staff recommends David Benish, Chief of Community Development as Project Manager and Robert Walters, Deputy Director of Finance as Financial Officer, Most of these items are essentially the same as those approved for the 1990 CDBG for the Crozet Crossing project and the 1987 CDBG for the AHIP Housing Rehabilitation project, I believe this could be handled as a Consent Agenda item on the Board's agenda next week, If you have any further questions, please do not hesitate to contact me. DBB/mem cc: V, Wayne Cilimberg Bob Brandenberger Theresa Tapscott Robert Walters The County will provide relocation assistance to each low/moderate-income household displaced by the demolition of housing or by the direct result of assisted activities. Such assistance shall be that provided under section 104(d) of the Housing and Community Development Act of 1974, as amended, or the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. The County's FY91 project includes the following activities: The rehabiritation of 36 dwelling units to HUD Section 8 Minimum Property standards. It will also include the removal of debris, derelict structures, weeds and abandoned vehicles around houses improved. The project will benefit 98 low to moderate income individuals. The activities as planned will not cause any displacement from or conversion of occupiable structures. As planned, the project calls for the use of existing right-of-way or easements to be purchased or the acquisition or tracts of land that do not contain housing. The County will work with the grant management staff, engineers, project area residents, and the Department of Housing and Community Development to ensure that any changes in project activities do not cause any displacement from or conversion of occupiable structures. In all cases, an occupiable 'structure will be defined as a dwelling that meets local building codes or a dwelling that can be rehabilitated to meet code for $25,000 or less. ATTACHMENT 1 COUNTY OF ALBEMARLE SECTION 3 PLAN 1. The County of Albemarle designates as its Section 3 covered project area the boundaries of the County. 2. The County of Albemarle, its contractors, and designated third parties shall in utilizing Community Improvement Grant funds utilize businesses and lower income residents of the Section 3 covered Project Area in carrying out all activities, to the greatest extent feasible. 3. In awarding contracts for work and for procurement of materials, equipment or services the County of Albemarle, its contractors, and designated third parties shall take the following steps to utilize businesses which are located in or owned in substantial part by persons residing in the Section 3 covered area: (a) The County of Albemarle shall ascertain what work and procurements are likely to take place through the Community Improvement Grant funds. (b) The County of Albemarle shall ascertain through various and appropriate sources including: Charlottesville Daily Proqress the business concerns covered by Section 3 which are likely to provide materials, equipment and services which will be utilized in the activities funded through community Improvement Grant. (c) The identified business concerns shall be apprised of opportunities to submit bids, quotes or proposals for work or procurement contracts which utilize CIG funds. (d) To the greatest extent feasible the identified businesses and any other project area business concerns shall be utilized in activities which are funded with CIG's. 4. In the utilization of trainees or employees for activities funded through CIG1s the County of Albemarle, its contractors, the designated third parties shall take the following steps to utilize lower income person residing in the Section 3 covered project area. (a) The County of Albemarle in consultation with its contractors (including design professionals) shall ascertain the types and number of positions for both trainees and employees which are likely to be utilized during the project funded by CIG's. (b) The County of Albemarle shall advertise through the following sources the availability of such positions with the information on how to apply. Charlottesville Daily Proqress (c) The County of Albemarle, its contractors, and designated third parties shall be required to maintain a record of inquiries and applications by project area of residents who respond to advertisements, and shall maintain a record of the status of such inquiries and applications. (d) To the greatest extent feasible, the County of Albemarle, its contractors, and designated third parties shall utilize lower income project area residents in filling training and employment positions necessary for implementing activities funded by CIG's. 5. In order to ascertain substantial compliance with the above affirmative actions and section 3 of the Housing and Community Development Act of 1968, the County of Albemarle shall keep, and require to be kept by contractors and designated third parties, listings of all persons employed and all procurements made through the implementation of activities funded by CIG's. Such listings shall be complete and shall be verified by site visits and interviews, crosschecking of payroll reports and invoices, and through audits if necessary. ATTACHMENT 2 Residential Anti-Displacement and Relocation Assistance Plan The County of Albemarle accepts the responsibility to replace all occupied and vacant occupiable low/moderate-income dwelling units demolished or converted to a use other than as low/moderate-income dwelling units as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended. All replacement housing will be provided within three (3) years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the County will make public and advise the state that it is undertaking such an activity and will submit to the state, in writing, information that identifies: 1. a description of the proposed assisted activity; 2. the general location on a map and approximate number of dwelling units by size (number of bedroom) that will be demolished or converted to a use other than as low/moderate-income dwelling units as a direct result of the assisted activity; 3. a time schedule for the commencement and completion of the demolition or conversion; 4. the general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units; 5. the source of funding and a time schedule for the provision of replacement dwelling units; 6. the basis for concluding that each replacement dwelling unit will remain a low/moderate-income dwelling units for at least 10 years from the date of initial occupancy; and 7. information demonstrating that any proposed replacement of dwelling units with smaller dwelling units is consistent with the housing needs of low- and moderate- income households in the jurisdiction. ATTACHMENT 3 NONDISCRIMINATION/ EQUAL EMPLOYMENT OPPORTUNITY POLICY It shall be the policy of the Board of Supervisors of Albemarle County, Virginia, that all persons are entitled to Equal Employment Opportunities and that it does not discriminate against its employees or applicants for employment because of race, creed, color, national origin, age, sex, handicap or other nonmerit factors provided they are qualified and meet the physical requirements established for the position. The County will abide by Section 504 of the handicapped Rehabilitation Act. For the purposes of complying with Section 504 of the Rehabilitation Act of 1973 for the 1991 Community Development Block Grant, Mr. David Benish, Chief of Community Development, Albemarle County Department of Planning and Community Development is designated as Section 504 Coordinator. The nearest telecommunication system for the hearing impaired is located in the Virginia Department of Rehabilitative Services, 300 Preston Avenue, Charlottesville, Virginia, 22901, telephone 296-5621. * * * * * ;. , Ii i. . ATTACHMENT 4 CERTIFICATION Compliance with Title VIII of the civil Rights Act of 1968 WHEREAS, the County of Albemarle has been offered and intends to accept federal funds authorized under the Housing and Community Development act of 1974, and WHEREAS, recipients of funding under the Act are required to take action to affirmatively further fair housing THEREFORE, the County of Albemarle agrees to take at least one action to affirmatively further fair housing each calendar year, during the life of its project funded with Community Development Block Grant funds. The action taken will be selected from a list provided by the Virginia Department of Housing and Community Development. Robert W. Tucker, Jr., County Executive Date 4 '. COUNTY OF ALBEMARLE ! l .~. , , , '. '" t' , \ ~ I I ';. !/ / , "f: -'", I "-' ~,.,g i A ~t~ SECTION 3 PLAN 1. The County of Albemarle designates as its Section 3 co~ered project area the boundaries of the County. 2. The County of Albemarle, its contractors, and designated third parties shall in utilizing Community Improvement Grant Funds utilize businesses and lower income residents of the Section 3 covered Project Area in carrying out all activities, to the greatest extent feasible. 3. In awarding contracts for work and for procurement of materi- als, equipment or services, the County of Albemarle, its contractors, and designated third parties shall take the following steps to utilize businesses which are located in or owned in substantial part by persons residing in the Section 3 area: (a) The County of Albemarle shall ascertain what work and procurements are likely to take place through the Commu- nity Improvement Grant funds. (b) The County of Albemarle shall ascertain through various and appropriate sources including: Charlottesville Daily Progress the business concerns covered by Section 3 which are likely to provide materials, equipment and services which will be utilized in the activities funded through Commu- nity Improvement Grant. (c) The identified business concerns shall be apprised of opportunities to submit bids, quotes or proposals for work or procurement contracts which utilize CIG funds. (d) To the greatest extent feasible the identified businesses and any other project area business concerns shall be utilized in activities which are funded with CIG's. 4. In the utilization of trainees or employees for activities funded through CIG's the County of Albemarle, its contractors, the designated third parties shall take the following steps to utilize lower income person residing in the Section 3 covered project area. . 10 - 2 - (a) The County of Albemarle in consultation with its contrac- tors (including design professionals) shall ascertain the types and number of positions for both trainees and employees which are likely to be utilized during khe project funded by CIG's. (b) The County of Albemarle shall advertise through the following sources the availability of such positions with the information on how to apply. Charlottesville Daily Progress (c) The County of Albemarle, its contractors, and designated third parties shall be required to maintain a record of inquiries and applications by project area of residents who respond to advertisements, and shall maintain a record of the status of such inquiries and applications. (d) To the greatest extent feasible, the County of Albemarle, its contractors, and designated third parties shall utilize lower income project area residents in filling training and employment positions necessary for imple- menting activities funded by CIG's. 5. In order to ascertain substantial compliance with the above affirmative actions and Section 3 of the Housing and Community Development Act of 1968, the County of Albemarle shall keep, and require to be kept by contractors and designated third parties, listings of all persons employed and all procurements made through the implementation of activities funded by CIG's. Such listings shall be complete and shall be verified by site visits and interviews, cross checking of payroll reports and invoices, and through audits if necessary. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing writing is a true, correct copy of a Section 3 Plan, adopted unanimously by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting h~n JU1Y_~ 9 Cle~~~ntY U " Residential Anti-Displacement and Relocation I. +-. I ,\ \ \ i.J J ; f"" \ I -.""," ~ Assistance Plan \'1' i L,.;. The County of Albemarle accepts the responsibility to replace all occupied and vacant occupiable low/moderate-income dwelling units demolished or converted to a use other than as low/moderate-income dwelling units as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended. All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the County will make public and advise the state that it is undertaking such an activity and will submit to the state, in writing, information that identifies: 1. a description of the proposed assisted activity; 2. the general location on a map and approximate number of dwelling units by size (number of bedroom) that will be demolished or converted to a use other than as low/moderate-income dwelling units as a direct result of the assisted activity; 3. a time schedule for the commencement and completion of the demolition or conversion; 4. the general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units; 5. the source of funding and a time schedule for the provisions of replacement dwelling units; 6. the basis for concluding that each replacement dwelling unit will remain a low/moderate-income dwelling units for at least ten years from the date of initial occupancy; and 7. information demonstrat~ng that any proposed replacement of dwelling units with smal1.er dwelling units is consistent with the housing needs of low- and moderate-income households in the jurisdiction. The County will provide relocation assistance to each low/moderate-income household displaced by the demolition of housing or by the direct result of assisted activities. Such assistance shall be that provided under Section 104(d) of the Housing and Community Development Act of 1974, as amended, or the Uniform Relocation Assistance and Real Property Acquisition-Poli- cies Act of 1970, as amended. The County's FY91 project includes the following activities: The rehabilitation of 38 dwelling units to HUD Section 8 Minimum Property Standards. It will also include the removal .- \ - 2 - of debris, derelict structures, weeds and abandoned vehicles around houses improved. The project will benefit 98 low to moderate income individuals. The activities as planned will not cause any displacement from or conversion of occupiable structures. As planned, the project calls for the use of existing right-of-way or easements to be purchased or the acquisition or tracts of land that do not contain housing. The County will work with the grant management staff, engineers, project area residents, and the Department of Housing and Community Development to ensure that any changes in project activities do not cause any displacement from or conversion of occupiable structures. In all cases, an occupiable structure will be defined as a dwelling that meets local building codes or a dwelling that can be rehabili- tated to meet code for $25,000 or less. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing writing is a true, correct copy of a Residential Anti-Displacement and Relocation Assistance Plan, adopted unanimously by the Board of Supervisors of Albemarle County, V'rginia, at a regular meeting held on July 17, 1991. _ ~ C erk, Board 0 ounty Sup rvisors NONDISCRIMINATION/ EQUAL EMPLOYMENT OPPORTUNITY \ .,"~'~ "\ ''''"" '''''''"'U''''''-, v.....-\ ,r......, : t~; r' I, '; j \ ;,. .I , ,:,,1 .. , I I g [, , \ If. ' ': I I H . I oJ) 'f I Pot~....~~ U ) II r '; j ,,9 ',_~".t. L t It shall be the policy of the Board of Supervisors of Albemarle County, Virginia, that all persons are entitled to Equal Employment Opportunities and that it does not discriminate against its employees or applicants for employment because of race, creed, color,national origin, age, sex, handicap or other nonmerit factors provided they are qualified and meet the physical requirements established for the position. The County will abide by Section 504 of the handicapped Rehabilitation Act. For the purposes of complying with Section 504 of the Rehabi- litation Act of 1973 for the 1991 Community Development Block Grant, Mr. David Benish, Chief of Community Development, Albemarle County Department of Planning and Community Development is desig- nated as Section 504 Coordinator. The nearest telecommunication system for the hearing impaired is located in the Virginia Depart- ment of Rehabilitative Services, 300 Preston Avenue, Charlottesville, Virginia, 22901, telephone 296-5621. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing writing is a true, correct copy of a Nondiscrimination/Equal Employment Opportunity Policy, adopted unanimously by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on July 17, 1991. ~ ~ ~~ard of Co ty Supervlsors CERTIFICATION " " ' , " f J \ ':j .: Compliance with Title VIII of the Civil Rights Act of 1968 WHEREAS, the County of Albemarle has been offered and intends to accept federal funds authorized under the Housing and Community Development act of 1974; and WHEREAS, recipients of funding under the Act are required to take action to affirmatively further fair housing. NOW, THEREFORE, the County of Albemarle agrees to take at least one action to affirmatively further fair housing each calen- dar year, during the life of its project funded with Community Development Block Grant funds. The action taken will be selected from a list provided by the Virginia Department of Housing and and Community Development. Robert W. Tucker, County Executive , , July 17, 1991 Date Distributed to Board: '7' /2 ,9/ AgClnd:J Itom No. CJ/. 0 '1, 7(~ ~ ) COMMONWEALTH of VIRGINIA' RAY D, PETHTEL COMMISSIONER DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, 23219 " 1 \}Ui_ (.; July 2, 1991 ; ,_.i !..~:...'::.; ~\ 'g..: '- ....-. ;,.,,,...' ,.~,(; ;o{ ! '< ;;'") r' ,'::~; l J F E ;;~\.\,: .1 ::~ () ~i>: Secondary System Additions Albemarle County Board of Supervisors County of Albemarle 401 McIntire Road Charlottesville, VA 22901 MEMBERS OF THE BOARD: As requested in your resolutions dated December 13, 1989 and March 20, 1991, the following additions to the Secondary System of Albemarle County are hereby approved, effective June 28, 1991. ADDITIONS LENGTH RAINTREE Route 1037 (Hopkins Court) - From Route 652 to 0.08 mile Southeast Route 652 0.08 Mi Route 1180 (Snowden Drive) - From Route 652 to 0.15 mile East Route 652 0.15 Mi Route 1181 (Surry Hill Court) - From Route 1180 to 0.07 mile South Route 1180 0.07 Mi Route 1182 (Ramblewood Place) - From Route 652 to 0.11 mile Northwest Route 652 0.11 Mi Route 1183 (Farm Brook Place) - From Route 1182 to 0.07 mile Southwest Route 1182 0.07 Mi CC. ,- J?t/lie: /t:tlWU'~~ t:~~7, , {;:'?~ Z te.~'1L;!:C7 7-/t7-tY/ Sincerely, fi~ ~ D. Pethtel Commissioner TRANSPORTATION FOR THE 21 ST CENTURY I:(~' i./ ~1'()7/7(.s-.S.- ) i~~~j:~rr~t~Y-.'~, " ~ ("': ' ;\ 1 I ~.::. " .J tj (.; . ,""'. r. '" '..' ! ",.,' ..,' j COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 , , \; \ .: ',_. '.. ._- ~ Q~ i \ 0 li i' ~j~); i i. MEMORANDUM DATE: Wayne cilimberg, Director of Planning & community Development Bill Fritz, Senior Planner Amelia M. Patterson, Zoning Administrator~ June 18, 1991 TO: FROM: RE: SP-91-17 Mooreland Baptist Church and SP-91-19 Olivet Presbyterian Church- DETERMINATION OF NO SPECIAL PERMIT REQUIRED This is to confirm in writing for the record that the above-noted special permits may be voided. The proposed work may commence upon approval of a site plan, or a building permit if exempt from a plan pursuant to section 32.2.1. I sincerely regret the inconveniences caused to you, your staff, the Planning Commission and the applicants by this determination at such a late date in the review process. This determination was only confirmed with Mr. st. John, County Attorney yesterday, June 17th. This issue is scheduled for staff discussion with the County Attorney on Wednesday, June 19th. Future resolution may include a zoning Text Amendment to clarify these circumstances. I understand that you will contact the applicants, and read this memo to the Planning Commission in my absence. I am unable to attend the meeting tonight. The language of section 6.4.2 provides the basis for this determination. This section is under 6.0 Nonconformities, and is entitled "Expansion or Enlargement." Both churches are non-conforming to the current Zoning Ordinance requirement for a special permit because their use predates this Ordinance requirement. section 6.4.2 permits any building or structure built prior to the current Zoning Ordinance, to be expanded, enlarged or extended in accordance with the applicable setbacks. ~ SP-91-17 Mooreland Baptist Church and SP-91-19 Olivet Presbyterian Church Memo June 18, 1991 Page 2 This section is inconsistent with the preceding section 6.4.1 which requires that the use of any building shall comply with the district whenever such building is enlarged, extended, reconstructed or structurally altered. The Ordinance language lacking is that which requires compliance with both sections concurrently. As you may be aware, we have previously discussed the need for Ordinance amendment to section 6.4.2 as it relates to the dates for setbacks. Mr. Keeler informs me that it is merely an oversight and not legislative intent to exclude structures built prior to December, 1969, but which comply with the 1969 Ordinance setbacks. We have agreed to accept as a matter of administrative practice, additions built prior to the first Ordinance (December, 1969), which comply with the first Ordinance but are no less conforming to the current Zoning Ordinance. For example, a house built in Rural Areas at a 30 foot setback from the front line, may expand so long as the new structure is no closer than 30 feet from the front line. It permits additions with an established building setback which would be no more non-conforming than the current structure, provided that it complies with the original Ordinance requirements. If you have any questions, please do not hesitate to call. AMP/st cc: Bob Brandenburger vEstelle Neher Keith Rittenhouse Jim Bowling Zoning staff .. of t~~,;:~t{~r~\.;~~""~ ~'" . 7JB cj;~f)? C!i.-si Gj COUNTY OF ALBEMARLE I Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 ( . ('. I , . ..... . \~ .1 ; ,.; j -, ~ r ( ~".i /.....).~' ~- i":~ I \ I :j! (,:_:,j i') ;~'. ..:" ' . '", . : ',f i n ,JUL A !~la] , 1 >.' h. l 1; i ~ ..... J , ' ; : ;. i .\ L~,:,::;v'~'.:"~:.;T:'-[; _..~ c . 'i. I i"- <'\;~:) C r:- ~~~);":f :,\'1:_, ':'" July 03, 1991 Edward H. Bain, Jr. P. O. Box 2616 Charlottesville, VA 22902-2616 RE: OFFICIAL DETERMINATION OF NUMBER OF PARCELS - section 10.3.1; Tax Map 41, Parcel 13 Dear Mr. Bain: I apologize for the delay in written response. This determination has previously been verbally communicated to Jan Sprinkle and Mr. Abell. 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 two (2) separate parcels: Tract #1 of 31.2 acres and Tract #2 of 74 acres. Each of these lawfully separate parcels is entitled to associated development rights. This determination considered the descriptive clauses of the deeds, which delineate and two (2) parcels or tracts. findings of the VA Supreme 224 VA 54. enumerate the property as consisting of This consideration is based on the Court in the case, Faison V. Union Camp The most recent deed of record as of the date of adoption of the zoning Ordinance is found in Deed Book 245, Page 65. It is dated December 14, 1939 from Maupin to Abell. This deed describes the following parcels: 1. Tract #1 containing 31 acres (5 development rights) 2. Tract #2 containing 74 acres (5 development rights) July 03, 1991 Edward Bain, Jr. Page 2 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, ~.f'tJ~E~ Zoning Inspector AMP/sp cc: Estelle Neher, Clerk to the Board of Supervisors Jan Sprinkle Gay Carver Reading Files COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 July 15, 1991 Paul Bland Tilman Route 1, Box 619 Rustburg, VA 24588 RE: SP-90-l17 Paul Bland Tilman Dear Mr. Tilman: The Albemarle County Planning Commission, at its meeting on July 25, 1991, 1991, recommended approval of the above-noted request to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. Department of Engineering approval of crossing design and implementation. In such approval, the County Engineer shall be particularly mindful of the Watershed Management Official's comments of January 18, 1991; 2. Any residential development or subdivision which will utilize this crossing will require further review for adequacy. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on Julv 17. 1991. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, ~~.O- Yolanda Llplnskl Planner "~ VWC/jcw cc: Amelia Patterson Harvey Humphries Richard Moring Gale Pickford STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: ::: r',,' i1)j'r~i;iJ'Jkd tJ B:J3rd: -. / _,.."C.' t'.'Q~~~;'; l~'eid No. 9/1 (/7/7- /i.<I .~ JUL Ui;' v,:,: I: \ \ ,. ! I': :.1 'I \ [..\;~l..~~lJS.~ ~I.LIPINSKI ;:r', O!tJaN~E~51;:;Cl~1 JULY 17, 1991 (SP-90-117) - PAUL BLAND TILMAN Paul Bland Tilman petitions the Board of Supervisors to issue a special use permit for a stream crossing (30.3.5.2.1) on 93.6 acres, zoned RA, Rural Areas. Property, described as Tax Map 71, ParcelS is located on the west side of Route 689 approximately 0.5 miles south of its intersection with Route 250 in the Samuel Miller Magisterial District. Character of Area: This area is moderately rolling terrain. The bridge will be located approximately one half mile from Route 689. There is approximately 25 feet of woodland contiguous to the stream. The majority of the land is hayfield. Applicant's Proposal: The applicant is proposing to construct a stream crossing of Yellow Mountain Creek for cattle and farm vehicles. The stream crossing would consist of four 48 inch diameter corrugated metal pipes twenty feet in length (see attachment B). No roads, subdivisions, or dwellings are proposed to be served by this bridge. Planning and Zoning History: N/A. COMPREHENSIVE PLAN: "Encroachment into floodplain lands by development and other inappropriate uses can result in: increased danger to life, health, and property; public costs for flood control measures, rescue and relief efforts; soil erosion, sedimentation and siltation; pollution of water resources; and general degradation of the natural and man-made environment. Stripping land and paving over soil increases the rate and amount of stormwater runoff, and can increase flood levels." (1988-2010 Comprehensive Plan page 61) As a goal the comprehensive plan also emphasizes the preservation of agricultural and forestal activities (page 107) . 1 STAFF COMMENT: On February 5, 1991, staff requested indefinite deferral of SP-90-117, due to a lack of information. In early May, staff received the needed items. This proposal has been reviewed by the Watershed Management Official who notes "no substantial problem" with this request (comments attached). The County Engineer has stated "We accept the applicant's assertion that the 100 year floodplain is not effected by more than one vertical foot due to the placement of the structure into the floodplain" and is prepared to approve the proposal upon the applicant satisfactorily addressing his comments (attached). Staff has reviewed this request for compliance with Section 31.2.4.1 and 30.3.5.2.1 of the Zoning Ordinance. This crossing is to serve continued agricultural activity as opposed to new development. Therefore, staff has not requested information on alternative stream crossings or making this crossing available to other properties. With this in mind and comments from the, Department of Engineering and the Watershed Management Official, staff recommends approval subject to conditions. Recommended Conditions of Approval: 1) Department of Engineering approval of crossing design and implementation. In such approval the County Engineer shall be particularly mindful of the Watershed Management Official's comments of January 18, 1991; 2) Any residential development or subdivision which will utilize this crossing will require further review for adequacy. 2 , I -:J ~ 6 0 ~ v .~ .4j ~ V:l Q. [il ~ J..... '" .:::> :; "". .$' \Jl o '1- {:- 0"" ~~ \>" ~ ~ K~ .s>, ../ ~ ~L-~, ? 'l 'IJ . ~;.(. oV"\. _ ('l o \ 17 PAUL BLAND TILMAN- - ... .,..... .48 SEE 70' 40A " ~ SCALE IN fEET "ll\, _ _ . ... - - :~ SAMUEL MILLER AND WHITE HALL DISTRICTS SECTION 7 I ,~ . TO: FROM: DATE: RE: ALBEMARLE - CHARLOTTESVILLE OFFICE OF WATERSHED MANAGEMENT 401 MciNTIRE ROAD CHARLOTTESVILLE, VIRGINIA 22901.4596 (804) 296.5841 MEMORANDUM Yolanda A. Lipinski, Planner J. W. Peyton RObertson, Jr.~~~~~- Watershed Management Officiatf 17- January 18, 1991 Yellow Mountain Creek Bridge Crossing - SP-90-117 Location: Tax Map 71, Parcel 5, U.S.G.S. Quad Sheet: Crozet, VA Photorevised 1987 Watershed Boundaries: o South Fork Rivanna River Watershed o South Fork Rivanna Reservoir Subwatershed o Mechums River Basin o Yellow Mountain Creek Subbasin Comments: o This project is located within a water supply watershed. o The applicant is advised that instream construction activities may involve jurisdiction of the Virginia Marine Resources Commission and the Army Corps of Engineers. An information packet is attached which gives names and phone numbers to contact at those agencies. o This office has no substantial problem with the proposed crossing. The bridge should be constructed in such manner as to minimize disturbance of areas of natural vegetation immediately adjacent to the creek. Footings should be designed in a way that minimizes streambank disturbance and insures that future streambank erosion will not result from any change in hydraulic regime. It is assumed that design and construction will be reviewed by the County Engineering Department. Erosion and sediment controls should be provided during construction. ws91-12 Attachment .~ .. Procedures for In-stream Construction Activities in the Valley Region of the state Water Control Board This office no longer regulates in-stream construction activities. S~~h activities are handled by our Richmond Office. FOllow-up inquiries should be directed to that office. Area landowners may be in violation of Federal and state Laws when they conduct unauthorized work in streams or rivers on their property. It should be noted that hired contractors may also be held responsible for these unapproved activities. Such work often includes gravel removal, bank stabilization, darn construction, swimming hole construction, channelization and private bridge construction. Landowners desiring to conduct in-stream activities may need approval from the u.s. Army Corps of Engineers, Virginia Marine Resource Commission, the Virginia Water Control Board, and local gpve~J;,l)ment .'''~ .:;........ ~ .". """ ' ...- ~ ') ..'<O~: The recommended procedure in such cases is to first contact the U.S. ,r Army Corps of Engineers for authorization which may range from a letter of permission to a formal permit, depending on the scope of the proposed project. The appropriate Offices for Virginia are as follows: ",..,,, For Rockingham, Shenandoah, Frederick, Page, Warren and Clarke Counties: Mr. James E. Brogdon u.s. Army Corps of Engineers Northern Virginia Field Office Plaza South~ suite 102 138 Graham Park Road Dumfries, Virginia 22026 Telephone: 703-221-7955 For Augusta, Highland, Bath, Albemarle, Louisa and Rockbridge Counties: Nelson, Greene, Fluvanna, <,:J. Mr. Adrian ~ennings u.s. Army Corps of Engineers P.O. Box 459 Lively, Virginia 22507 Telephone: 80~-462-5382 ~(.J- -0 \- ~ I. vv~~~ '\~D~ \..\~\ -\~~~ ~--- ..'. ~ ;,40 : Since these are field offices, you may have to call several times to find someone available. If there is no answer, try again around 12 noon or 4:00 p.m. ,- i ~ Page 2 If a formal Corps' permit is required, then a Virginia Water Control Board Water Quality certificate and a Virginia Marine Resource Commission (VMRC) permit will more than likely be required. At such time, a joint permit application with instructions which will satisfy all three agencies will be forwarded by the Corps. If a'Corps' permit is not required, the applicant will be provided with written notification and will be instructed to contact the Virginia Water Control Board and Virginia Marine Resource Commission since approval may still be necessary from these agencies under state Law. Contact by telephone is the quickest method for determining what Corps' authorization is required. It is to the applicant's benefit to always request all decisions in writing from any Agency. A final caution is given concerning all construction activities in state waters. Do not begin any work that may require approval from any of these agencies before you receive official authorization. Although case-by-case consideration is given to each known violation, violators may be subject to civil and/or criminal action, fines of up to 50,000 dollars per day, imprisonment for up to two years, removal of structures and materials placed in waterways, and restoration of the subject waterway to its original form. Further information and guidance can be obtained by contacting either of the following: Mr. Ed Easlick Virginia Water Control Board P.O. Box 11143 Richmond, Virginia 23230 Telephone: 804-367-0076 Virginia Marine Resource Commission 2600 Washington Avenue P.O. Box 756 Newport News, Virginia 23607 Telephone: 804-247-2256 (Ask for Habitat Management) It is hoped that this information will provide a better understanding of F7deral and state Laws regulating in-stream activities. Obtaining perm1ts or approvals from these agencies does not in any way relieve the landowner from permits required by local government. All applicants should contact the appropriate district, country, city or town since the proposed work could be in violation of the local erosion and sediment control plan. Our final advice to the applicant is to apply for all necessary approvals at least several months in advance of proposed in-stream construction. Work to be initiated in July and August during low stream flow should be submitted in late winter or early spring for approval. .. >( Page 3 For your own benefit, always consult with adjoining property owners who may be affected by your proposal. Your construction activities could violate their riparian rights, become a civil matter, and have to be settled in court. other questions often received. 1. Who owns the stream on my property? The Attorney General of Virginia, in an opinion dated May 3, 1982, has interpreted the jurisdiction of VMRC under Section 62.1-3 of the Code of Virginia in nontidal waters as follows: (1) The Commission should assume that all streams above some administratively determined minimum size are navigable-in-fact until evidence is presented proving nonnavigability. (2) If it is determined that the stream or creek is: (a) Navigable-in-fact. The Commission should assume jurisdiction unless the landowner can show title to the riparian land acquired by grant prior to July 4, 1776. (b) Nonnavigable-in-fact. The Commission should assume jurisdiction unless the landowner can show a grant prior to 1792 in that part of the State draining toward the Atlantic Ocean, or prior to 1802 in that part of the State draining toward the Gulf of Mexico. Furthermore, Section 62.1-1 of the Code states that lIall the beds of the bays, rivers, creeks, and the shores of the sea within the jurisdiction of this Commonwealth, and not conveyed by special grant or compact according to law shall continue and remain the property of the Commonwealth of Virginia, and may be used as a common by all the people of the State...." 2. Who regulates the casting of trash, etc., into streams?' State law clearly gives local law enforcement in your county the authority to regulate such activities. .~ . . COUNTY OF ALBEMARLE Department of Engineering 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5861 MEMORANDUM TO: hl!~ '.a...:>. Yolanda Lipinski FROM: Charlie Steiruna~ Llj DATE: May 28, 1991 RE: Till~an Crossing of Yellow Mountain Creek liSP 90-117 cc: ~1r. Tom Mu..'1caster Yolanda, Relative to the referenced SP ~~ have reviewed: a) the suhl'li tted calculatior'J.S relatiTvTE: to the estilnations of 100- year strea~ flov~ at the proposed stre@TI crossing; l-.' OJI the calcu.lations associated vvi th the response 'Y'"Y1_","",__~...:J 1.J..L. Ul.JV...;;u;:;;'-'I, of Yellov~ !\1ou,.v-.~tain Creek +~ \,u ~~ticilJated hydraulic the placement of the crossing st:ruct~a'le in.to th{~ cZlal'hLel; G...'1d c) the stability oTJ'ertopping; ~.f= U.l. the st~Jcture when ~~bjectGd to a 100--xTear cmd ha'\7e the follovJing COlrunents: 1) It appears that the calculations have been performed in accordance .',;i th accepted practice 3...'-K1 CG:'e hereby accepted with the follov.ring mild exception: (for 48" C~.1P I inlet control, entra.~ce mitered to fit slope, Q=1201 aC~Jally Hw/D=1.8), (no effect on Gnalysis); 2) We accept the applicant's assertion that the lOO-year floodplain not effected b'l lnore than one TvTertical feot dtlG to tile placelraBn.t the st~~cture into the floodplain; " ,- ...'" ~.f' V.l. 3} Please pro'"V'ide a pipe beddiJ:lg ;:t11d h'3.ck:fill detail; (continued) ,- . . r-1s. YolCh~da Lipinski May 24, 1991 Page '1\-.,'0 4) Please provide a riprap apron (with size a..'1d thickness specification) in stabilization of the strea.'nbed do...nstream of the proposed pipes; r:::\ VJ Please provide a proposed Ilgrouted s~ze ....................1 0.1 J.'-l thickness specification relati"ve the l"'liprapll; t:::\ VJ Please provide do~~entation from \~1RC (a~d therefore the CORP of ~~GR) relative to: a) b) \~1RC's a..'1d the Corp's approval of the proposal; \/IvlRC's wai\ler of revia',; rig11ts; ......... U.l. 7) Please place the seal and signature of the responsible professional on all subsequent submittals. Upon the satisfactory address of the support approval of the proposal. above Ccrnments Vole T..,.; 1 1 V'I...4....J.. ...J.. be , "" -LU a position to Should additional inforlration be req~ired please contact us. .~ -, .t.-. (.J -;~ 1/) (j (') ("/ L':'- (.J "(/ I.~J l.,J l:~ I.) :7 .-f' -.'.J... ;7 'J ) .> :::> :> ::) ..-1 ..-1 .JJ ~ L() -.J U 0... 0 I- U .- C a:: I- a> V) L- a > ..J <( ~ >- W l- +-- V) C t:) ::J <( 0 ~ U w w l- V) :J a:: r- 1 z <( ~ ..J ..J ;::: >- V) <( Z ~ 0 V) w :> u w ..J a:: <( o " U w en I- " ~, co " V) l() W W z r- z .<( <( 0 t:) <( z :c 0 J w '- V) a:: <( o u w r- <( t:) w :3 <r t:) <( f'- ~ ~ a:: w Q) ..J L- ..J 0 ~ E ..J Q) w D :J - ~ <[ <( V) <( ~ .(, N I.D I <( W a:: <( 0 W 0 <( :c V) ,c;'L ? w o <( a:: t:) t:) z r- V) x w III I- Z w :E J:, u ~ ~ V) ~ Z I D... <( ~ >- I- Z U > -1<- >lNV' 8 01 >lNV'8 038 S<2 v-JV'3H1S ,0<2 < J l() r--: ~f~ > ~li~? ?; :=; ~ j 1-< w ~ t:) D... W a:: <( 8 a:: ~ <( a:: w V) a::: (3 u ( J ~ D... r- ~ Z 0<( wCO (I) 0 ~I- <( w~ a:::z tn~ o -lCl r<lr<l '" D... ~ u OJ , OJ r lCl r-..: 1 N " N I.D ') 0.: >- D... I- <( 1 a:: W D... D... 0: 0 +-_Gl.L w w ,t;'L--- I- 0 6 Vi a:: t:) co.. :::E D... ,u 2 D... =oin u ~ ~<t U , 'cb 'co ('-'\J <;J 0 N ( \ , \ \ . ,'\'r \ I OJ {} ... en ~ z o Vi :;: Ci el Z Z z :5 a.. ~ (;)V) ZZ _0 0::- wI- w<c Z~ -.,J (;)0. Zo. w <c, 0:: 0:: ' ww' 1-1- ' tI):::> <co. U;:E zo ::>U ~ .... l \ D... ~ , 0 U ( N co <;J ( 0 N i \ a: I >- l- I I '" Q. Q. t AN ORDINANCE TO AMEND AND REENACT ARTICLE II, CHAPTER 15, "PERSONNEL" OF THE CODE OF ALBEMARLE DELETING THE COMPENSATION OF CERTAIN BOARDS AND COMMISSIONS BE IT ORDAINED that Article II, Chapter 15, "Personnel" of the Code of Albemarle, in Section 15-2, be amended and reenacted to read as follows: Sec. 15-2. Enumerated. Each member of the following boards and commissions duly appointed by the board of supervisors shall be paid thirty-five dollars ($35.00) for each and every regularly scheduled meeting of the board or commission actually attended, as set forth in the rules and regulations of that board or commission: board of zoning appeals, land use advisory board, and equalization board. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing is a true, correct copy of a resolution unanimously adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on July 17, 1991. Clerk, Board Distributed tc Board: '7 12, 9/ Agenda Item No, '9<? (I'lll, /9 Y -,,",- COUNTY OF ALBEMARLE MEMORANDUM TO: Albemarle County Board of Supervisors FROM: Robert W. Tucker, Jr. , County Executive DATE: July 11, 1991 RE: Revision of Equalization of Pay Ordinance In July 1990, the Board approved two reV1Slons to the Equalization of Pay Ordinance: one, to raise the per meeting compensation for the Board of Zoning Appeals, the Land Use Advisory Board and the Equalization Board; and two, to delete compensation for the boards of three organizations, the Monticello Area Community Action Agency, the Thomas Jefferson Planning District commission and the Community College Board of Directors (PVCC). The first revision was amended in the ordinance in August 1990, but since the effective date for deleting compensation for the three organization boards was to be July 1, 1991, the actual amendment to the ordinance was deferred until this time. Currently, only members of the PVCC board are being compensated for their time. The Thomas Jefferson Planning District Commission no longer has any citizen members and members of the MACAA board have not requested compensation for a number of years. RWTJr/RWW/bat 91-1.86 AN ORDINANCE TO AMEND AND REENACT ARTICLE II, CHAPTER 15, "PERSONNEL" OF THE CODE OF ALBEMARLE DELETING THE COMPENSATION OF CERTAIN BOARDS AND COMMISSIONS BE IT ORDAINED that Article II, Chapter 15, "Personnel" of the Code of Albemarle, in Section 15-2, be amended and reenacted to read as follows: Sec. 15-2. Enumerated. Each member of the following boards and commissions duly appointed by the board of supervisors shall be paid thirty-five dollars ($35.00) for each and every regularly scheduled meeting of the board or commission actually attended, as set forth in the rules and regulations of that board or commission: board of zoning appeals; Meft~~eeiie-A~ea-eemm~ft~~y-ae~~eft-a~eftey;-P~eameft~-V~~~~B~a eemm~B~~y-eeiie~e-eea~a-e~-B~~ee~e~~;-~ftema~-Je~~e~~eB-~iaBB~B~ a~~~~~e~-eemm~~~~eB; land use advisory board; and equalization board. * * * * * ,,', """fU' .f.'A ,Z~ '1L L.. ..1v'" ,,-L - Agenda Item No, q /,050 r, 107 COUNTY OF ALBEMARLE U)UNTY OF A,L.EE~,!t0,1",:u (... ,...., r~--" "~ .., n n \'-.:=J r ~~\ " (') \. i 1'-' '.....J L 'I 1\ \.11' I I :! 'I \' u___ .....J,.,.._~.'-l...,~ I . ~ I \ ~-- I ' . \' ,: y I" 1 ! ;; '~ i . ! 1 !C.1 ~ J" I :., ,', 1991 ' , I ~ ~ ! -ri ,U.~ ,:",':'1 il. I: ; ,',I I. : 1,1 i !\\r.,. __j II il ! ! ~ \ \ \""'''l'r'-::'-;f''"l'''r-r7 \. llJ 1 w I...l j.~.._": \....._"..l ~,...J ..I .... lo.-,_, ......._J MEMORANDUM TO: FROM: DATE: Albemarle County Board of Supervisors ~~f Robert W. Tucker, Jr., County Executive~ June 26, 1991 ~)E' ~.~~ \, " C \~; I~, RE: Meals Tax Referendum Writ of Election and Draft Ordinance Attached please find the following: a copy of the Writ of Election, which initiates the required action for placing the Meals Tax Referendum on the November ballot; a draft ordinance that restricts the use of the tax proceeds to capital projects and/or debt service on school projects; and an explanation of this process in a memorandum from the County Attorney. Staff has reviewed the apparent inconsistency between the wording in the Writ, which authorizes the tax "not to exceed eight and one half percent" and the draft ordinance, which defines the tax "in the amount of four percent", and concluded with the County Attorney that the language on the ballot must adhere strictly to the language set out in the State Code. As indicated in the memorandum, to put the referendum on the November ballot the Board must enact a resolution directing that a petition and the Writ of Election be filed with the Court. The draft ordinance limiting the use of these funds can be modified and enacted at another time prior to or after the election. RWTJr/RWW/bat 91-1.77 Attachments " COUNTY OF ALBEMARLt. COUNTY OF ALBEMARLE Office of County Attorney 416 Park Street Charlottesville, Virginia 22901 Telephone 296-7138 JAMES M, BOWLING, IV DEPUTY COUNTY ATIORNEY June 24, 1991 GEORGE R. ST.JOHN COUNTY A TIORNEY Mr. Robert W. Tucker, Jr. County Executive Mr. Melvin A. Breeden Director of Finance 401 McIntire Road Charlottesville, Virginia 22901-4596 Re: Writ of Election - Ordinance Tax on Food and Beverage (Our File #ACF 88-850) Dear Bob and Melvin: Here is a draft of a Writ of Election, to become the language used on the referendum ballot, along with an ordinance which the Board may enact prior to the election if it so wishes. You will note that this procedure comports with the Attorney General's Opinion I sent you last week, which says that the referendum itself must track the language of the statute, but if the Board wishes to exercise less than its total power under the referendum, in this case to restrict itself in the use of the proceeds, it can do so by ordinance. If you both approve this language and this approach, then these documents should go on the agenda for July 3, 1991. The procedure will be, that the Board will enact a resolution directing me to file the Petition with the Court, with the Writ of Election attached. When the Court signs this Writ, it will be issued to the Board of Election requiring the matter to be put on the November ballot. Then, during the interim, the Board can enact ordinance; it is a political judgment whether to enact it to or after the election. Either way, it will of course be effect if the referendum fails. this prior of no .. Mr. Robert W. Tucker, Jr. Page 2 June 24, 1991 Please get back to me with your thoughts on this as soon as possible. Sincerely yours, ~n'f; ~~:~k George R. St. John County Attorney GRStJ/tlh Enclosure ORDINANCE BE IT ORDAINED by the Board of Supervisors of Albemarle County: There is hereby imposed, on and after January 1, 1992, pursuant to the authority of Section 58.1-3833 of the Code of Virginia, a tax on food and beverages sold, for human consumption, by a restaurant, as such term is defined in subsection 9 of Section 35.1-1 of the Code of Virginia in the amount of four percent of the amount charged for such food and beverages. The proceeds of this tax shall be used exclusively for capital improvements and/or service of debt incurred for public school construction. This ordinance shall be designated as Article XII "Tax on Food and Beverages" and the paragraph shall be numbered Section 8-58, 8-59 and 8-60, respectively. VIRGINIA: J 1\ ',HE CIRCUIT COURT FOR ALBEIViARLE COUN'rY \'.iRl'T' OF ELECTION To the E~ectoral Board of Albemarle County: Upon petition of the Board of Supervisors of Albemarle County filed pursuant to Virginia Code Section 58.1-3833, it is rJereby ORDERED: 1. That there be held a referendum in accordance with Virginia Code Section 24.1-165 in which the following question shall be put to tte qualified voters of Albemarle County: COUNTY FOOD AND BEVERAGE T~~ nShall Albemarle County be authorized to levy a tax on food and beverages sold, for human consumption, by a restaurant, not to exceed eight and one-half percent, when added to the state and local general sales and use tax, of th~ amount charged for such food and beverages?- 2. The said referendUID shall be held b~1 special election. 3. The said special election shall be held contemporaneously with the general election on Tuesday after the first Monday in NovE-nberl ,1991. 4. The said special election hereby ordered shall be corducted in accordance with Title 24.1 of the Code of Virginia. 5. Copies of this writ shall forthwith be served upon the Secretary to the Electoral Board of Albemarle County-and-mailed c. . to the Secretary of the Virginia State ENTER: DATE: I ASK FOR THIS: Gear ge 'R~-St:- John Albemarle County Attorney 416 Park Street Charlottesville, Virginia 22901 - , .t:,(.'c :t G Juo.Qe of Electicns. ''',-",(;',!i-~' . 91.~ q>.p-! /~'.J . ., ' . COUNTY OF ALBEMARLE ;', Ie ,. j-~r c) ,i MEMORANDUM TO: Albemarle County Board of Supervisors ~ FROM: Robert w. Tucker, Jr. , County Executive I DATE: April 20, 1991 RE: Meals Tax Referendum At your April 10 meeting you requested staff to provide additional information regarding the logistics of a meals tax referendum for discussion on May 8. Basically, the Code of Virginia indicates that a referendum on the meals tax can only be held at the November 8 general election if an order is entered by the Court at least 60 days prior to the date of the election. The order must be approved by the Secretary of the State Electoral Board prior to submission to the Court which normally takes another month. Your official action requesting the County Attorney to notify the State Electoral Board and prepare the court order should be made no later than your last meeting in June. If a meals tax referendum is approved, then a tax ordinance could be adopted effective January 1, 1992. Based on a 4% tax rate, the estimated revenue would be $0.4 million for four (4) months of FY 91-92 and $1.4 million each fiscal year thereafter. The annual revenue equates to 3.7~ on real estate tax rate or 57.7~ on the personal property. Staff encourages you to make a decision regarding a meals tax referendum as soon as possible. If the decision is to place the question on the ballot in November, every effort should made to inform the public on this matter prior to the November 8 General Election. RWTJr/RBJ/gs 91-71 , . 7, t2,c)j t..' I . "r"l'. ) DUo l.. r..."'" C),- 0 '1 l~:~': \:,), -Ll:.. ~j ">.2E.J: DRAFT JULY 1, 1991 VIRGINIA: IN THE CIRCUIT COURT FOR ALBEMARLE COUNTY WRIT OF ELECTION To the Electoral Board of Albemarle County: Upon petition of the Board of Supervisors of Albemarle County filed pursuant to Virginia Code Section 58.1-3833, it is hereby ORDERED: 1. That there be held a referendum in accordance with Virginia Code Section 24.1-165 in which the following question shall be put to the qualified voters of Albemarle County: COUNTY FOOD AND BEVERAGE TAX "Shall Albemarle County be authorized to levy a tax, not to exceed eight and one-half percent, when added to the state and local general sales and use tax, on food and beverages sold for human consumption by restaurants and on prepared sandwiches and single-meal platters sold by grocery stores and convenience stores at delicatessen counters?" 2. The said referendum shall be held by special election. 3. The said special election shall be held contemporaneously with the general election on Tuesday after the first Monday in November, 1991. 4. The said special election hereby ordered shall be conducted in accordance with Title 24.1 of the Code of Virginia. 5. Copies of this writ shall forthwith be served upon the Secretary to the Electoral Board of Albemarle County and mailed .. to tte Secretary of the Virginia State Board of Elections. EN'';-'E'P: [ATE: :;: ASK FOF 'Tt:IS: Geor ge-P. S t :-\]c;11n Albemarle County Attorney 416 Fark Street Charlottesville, Virginia 22901 ."~-L-- ~.J;,,"," ~~~, 1 -:,'"" ...~:. , ~ ~ J.' \ t.~ '" ~-'~ ; -.:)"" It.'~ ;,6~:j\n~~~~~?/ :~:}' p: : '~:, ; :;~~:,~~r~~~\~'~l~~' '~~,~~:'~ i~~r;, ~~;ci~:;:~;': l~~.;f~~~/_ nrt!fCf tc (i';if &f.;...rl:.\ (,~ '-, _A ~fJ ~: :~ Ti'.j~~uant V~, tnE- ~rc\ i~}~ln~ of ~ 1 E 1 ~2: S:Jct, aE.;;..nc~ o~ alJ~r:J:;:." ';:-~'-;.: P;"~JTl}~:~~aU: ruJe:- Cine r~~"'lJ}2lAO:-~=- ~(~\err.;jnf" thE- di=.-:p~cY of Cif:Ci!'~-::E- 3:':4T~'jpE in \'en'~lrlf' mac:h~ne~. t.a.x IlE-n5 df'c..~r;5: pl'\);r2'ny 0: t-' -....~ '''1''"'' J-oL,?'--''''"';rf,--''- t...)'" --~,,":' \'- ....y'......r- ci,-"r"r:. ""-1C-J.- ""''!i' ,--f. h'.,-,'r- "~f';._,.. ... ~~X}"c...\__""'. ........,c-......!...d:'_ 'L.,...-t:lh_ d.i. ~11~ ...~I....'U.LL .&G..,__: a.1..C,t""l_~cu':'l~L CJ.dt'.t:'n~ c;a~seE 0: l.c.XP2.Yf:-S 0:- tnjSoE- requ~r~ t(.. culler: arle reITil: :nf- t8..}. ieqlL.rE-- rnE-r~t~ c(rfjC.tr~.nr~f ~~f"1?pjnf anc ~,r~,ductlOrj 0: reC;)!,Q~ acirr.in",~:~a:~\~f Cine )e~Jpd!"ci.\a3,~~"":--;nent o~ lfi}~ ~-hpr( reasi)r~ab~y ..'u~tl::~c:.. =--t'~~l::ec nC.:1CE- t.( authoritje~ of salE- o~ tc:\~)~Ye~'f ou~~~~s~. &1.Jd]~ rE-'J~ ~c-TL7":-i~~ ane &uth~Jr}ty, a.nd crit-E-n& fc..!' Butrn).rlt"" of dis~r~butorE &.DC O:~.ler-f tc D~~"es~ untG_x~C: C1Ea!'e~~e~ ana an! OttlE-!" pi-o,,--ision,s consist-en: ~'itr. tb-:- p ~y..e~'~ ~a.n~-ed by tr.Ll~ &Cellon or necessarilY irnDlied thc:~ef;""Offi Such (Jrci}rI2ii:~_~ rr.C.i\' fur\.hfo:-- PL0\~idf 1.' . i. ,. - tl~at S;Jct agency or 8utnjnty cre3tea may lS"".lf & ("~.",mOL ren:DUf stamp, err,ploy IPfal coun~1. br;r,g 8ppr-vpriau, cour. hC'cj(IT. ir. n~ ("'1' r;2::ne \>, here n€:'seSSCin to enforce pa-'-m~nt of the cif:art2:u l.c;)..e> or Dfc',a)Iies O\lit;C em member 'jtirisdjction an'd pro\ide cigarette tax &fE:.'1ts "iind the ne-~",s;o"'-r). E-nfc,r~:€-m2nt ~upplies a.'1d eouipment m+dE-d to effect:\'ely f:'nforcr t ht cif&J"ett-€' tax ordmance promulgated by eact; suet (Ount)', e:itJ' or town Any cip....retu. UlX agents shall meet such rE'quirt:mt'r:t.E. ol'tTc;nir,g or experience a5 IT.ay be r,]'oTTIu1gat-K frl'!T, time to time b) the PLfOT'Cerr,:>nt autbority V\ h~n perf:_'!fr,ing their duties &Dd shall be requi.red t.o (CiTrJ p; (~per identific.ation and Glay b~ aImed for their own protection and for the enforc.cment of such ordinanC'.€ Any such agent shall have the power of Cir:-b! upcm rea~r.r.ablf and t>rc,b;:.ble Cd;]5€' that a \-j,,]ation of an,. tobacce, tJU; (.,Q;!ihDC€c has b~en c;,,-- ni":r.od ~Cc>de 1950, ~ 5~-757 29: 197"4. c 472 19~'; c 595: 1984, c. 675,. C,c,.,~ tdc.rt'n("~&. ~- ,Iv. t(. p'"r:shr."m: for C1?.sF : IT -0f.-iUc,'Ono:'"S. ii.ef: ~ 1 f< .2-11 L., w R",iew. .- Fo' >:w-"'-e) of \-jrpr.;E law on munJ~i?a; \..;?_,...8:10!lb for the year 1975-1974.. i>€'~ 6(' Yr:. L R.e,' 1563 (1974) A RTIC'LE 71. Food 8nd BeHcrage Tax. ~. 5.8,1-1833. County food and beverage t.ax.- A An~ eOlinty is bE-reby authcJ!i.u..a to lev:}" 8 tax on food and beverages sold, for human cun~umrtion, bv a ,est.2urant, as such term is defined in ~ubdivisic,n 9 of ~ 35,1.} of this Code, Dot to €Xce.ed eight and one-half percent, when ddo(-x:J to the .st-'1te and local g~>ili'ra1 sales and use tax, of the amount ChR;ged for such hJd and heH:;8.ge.s. Sucb tax s:hal1 not be levif'd on fc.od ;='T,d b"'''.i:':'2ges sold through .,-nn;ng r&chines or b)" au)" person descn1>Hl in ~ 3.51-2511J, 351-25 (2), 351-25 (3), &.nd 351-25 (5), as '.\t'lJ aE n~onprofit cP,;t-:.<"! hs in public !'C~;"'}S, f'lL'"S:ng },.;r.t>s, >>t,d h)spit.als Grocery sture!' &nd C"li\fnicn(:f~t~Ee~ ~:f:ning t?!:Xf~{i~~~~~~/~h~i~rt~~,~S~~1:~~~r~}r~.~f,~(:3-;:;~%;;~;~~~;i'E':~~ ~~a~ st'IJi ng~)-,l it.<'!ns. The fc..:>d and ~~l. fo,age t.ax li:\-j,:d '.T. ,,-,:,,!!, ;c:d b~ .g]c-':-er)' ~~~t;t})~:;:~E'i~h;:~!;f~;~~:P:"':~'~d ~';-~;~ ',;. ~.:'~) ~ :h~ :~"" .,t).~~:h;c:h ....hal1 1:"~f-' :.~(;d lr: :~r'C-tJrd:-.ji'~~~.f -"",jth ~ ~4.1-1c~S or!hi~ S:;.~'~E ~-!d ;~/ijt';:~d :;~~::d b~/, ;c;:~:;~~tt~~ ~ ,~,(:;:~:~t:,:.t%\cJ.~},~r ~;L ~~~, t~._j~j~t~~ <"'l~;~~~;: ~:~.~.~ t~~~~of ~;e,{~ ;T'_l~~! l~f \~}:'.\= t~'.~ ;:~;;~r'T';?~ ~~t,J '-;f(f-n~:: :;,04 ;'~'.1; . ;q; .. " ., t '.,f -4 -i = .Lp, ;,. ~ j ;1 J 1 ! I ::21-! ,x wd" ,. c'.lct. ,or'i: tOe . "~~~ r-L y of ~{ififren~ r~q U'lrE-- ,:'Vf itTlC ;! CL ~ ! (:~ u.. .~ rll'trl-,\ b 'J ~ ~ -'--''' ., . t:~':c xec <~ b:" th.~~ _,,': prc,\'idE- -Jf ~""'7mf-. ;~f.r'1e ': [jere ,~ cVoopc any i/ n2'.C-2~~,~!)' rnfi):ct thE' ,r tov.T. Any ,).L*rlf'nCf as .ili~rit~ when ~,1,"'nl if} c.a tion ~E'nt of s'dch ",ssl'Dab1E and ~"'. haE t~e~n 1954, c. 675,) fi./;.Ult)' if t< ",by . ton;;.;urnpti(>n, '185,l-1ofthis ,t~ the ~tatk and ',,($Uch f(f.od find f"s;if g.,')ld thrc,ugh ~l)~ 35,1-25 (2). . ct,ublic :-ch:~,JJs, ~~f't(tre8 :,'<?n;ng '1 {;fI'inter ",'r'illl .~' -'t~~"'f"",:~-rj""';:' ~.~re Jl --, -.~ -' ,.. '~ '1(lld tv .,.~ -''-'''ry '~, ~ .. e >. ~-- t.... ',~ to nr~">,"'ed ", I" - -, i. r~_ ;pr T"n'~- ," 't L . '~ ,t... '... ~,I" n \\.' '. ; .in 'ft~;~ C.JC .o,:-ld ': tht r;r;"6 ~.f a ~ '<:\-}';t~], ~ f"";' Co ,l.i""J t\e '- ~ r:i .~:;~ ':'1-" -i' -<?' , ,r '. /~- .,;.:' ,,':J ci ,,*- ~ .... ~~ :i '1 ~, ;l:; 1 .,. .- ; ~ ::,~,l ~3~4( ) !. .. ~~ ': -j~ $ ~'_ -.. _~ ':i S ~_) i' '..lr-: or ~urr. r;,,,;,' f\.,: (lF~ " '.'ie\ '.lit ('our. !O.hal; Py, :-I. notice of the ,,'""Cl ','ri IT. 8 L'--V, ';'-,~....: 0: g"f)c'; ,,' ~ r::u!hticln in tht cr,'UTit~ onCE & week fur t ':'et' (,():i..~ut:n WC'"I' <. firill! t,. f~[ 'C;t-ctior. If thE vot.ei~ afLrm thE' lev:' of & , , . , ~ ll' f1 ' . d h 1()('-8, mf81".t-8X, tn.E t2'; ""f>!. uc ).,,,...'t:\'E' lL ar..a.m'.un: 8n or. Si.iC. tt,-rms a<. tht govermng bryj\ rr:~\ b\ c.:d", :lr:~t" pre::-cnbEo, ~ ~ ,.:...., _ t'r~ ._' ~-Fr>-'T- c, - - 'l""~ t- "-.:--rp:'r "h 11 p~~ lr.f~h(tl'r' l....,. . ,.... n r;. ::. in, v:cffi, l)_.,.o~~ a. 8<'. Il'H ,".' .J..".a, m,.~. a,,-.,,. 1, l>t""\e.aEe, a. define-d. in ~ 4--:2 a.flG nc':J.Rke.hc>h: ~'C"t::-;j,r:C'~ ger,fOe a~ part of & meal Th(' tax shall be IT addi:i'JI: tc tt-;", sa!",,~ U:! ('" "~ently \;uy:lsed b~ the count: pursuant w the au~hori,y Of Crapt.er 6 (~ 5~ 1.60(! e: seq, of TitlE- 581 Col1ection of E'-lJd ::J s~~ll hE: ,H: c n,<of,ne; V<,<;it.eC b~ tOE gover::-iinE body, E ~".~\4~t,rl~t,;.. nGin( t~j( r)r\.'\-'~.LJ=--l.~ of ~:l8~eclJ()r: .~ 01 tr.llE sectlOf,L. any CY., r',', , .. ,'r c ",..,,';t . r ,.J o' ~ .-,,' 7(: f)()rj "U' nc rr",~L than 11)(1 OOf, "'n~' ._ .: _i.... ~ 1';-',6'(<' ~'t_ \.'l C... . :::l:_.' I,;,\. \.,\. II ~ .. ...A.......ll. '.J \. '. v, ~ ('.(\Uri~~ v.it!: c p"pulat;'jf! of at le:<-,,,: 1~,91(! but n(' nJor(' than 18.000. any ('(-L'nty \liit}, a r'pu:ati(.r: of at le"S, 34,OC'0 but Il(, me.,€- than 34,400, and any cuunty hEvlng b C(lunt~ rr.onager plan of g()\.E;; nm\:'nt are he;eby authoriz-e<1 to ley:, a t<'C." OU f(....o l'.;,)d b<:'\'e;age~ 501d fOT humar, corL,,,,.,p,ption by a re;::.aurant, a<- ~.ld, k'lIl is- deflu.d in ~ 351-1 and as- rf!::,cifie-d ;r; "'J~)sf'('t;on A aboYt' and SU'r0E'Cl t{. thE s.;.,me Exerr,ptictTlS. not to exceed fOur ~,,=,(ent of thE hlTlOJnt d;a.;g~..c. for sucb food and be\'€,:ages, provided that thE g,,'.t-ming l..:.ay of the rcs?:,,::Lve county holds a public hf'.aring befo,e adolrt;ng a lc>>eal boo and be.e;-age tax, and t'o(' governing body by unanim()UE "Ok iiC'-'pt.s such tax by lcoe.aJ oTdinanc-.e, ThE:' ta.x shall be effective in an d.m~)UDt and on such tdms- BE the govening b<Jdy may by ordinaDCt? prescribe, C. Nothing herein c.ontained shall affect an) aLithorit~ berewfure granted tc any count)' , city or tov.--n to levy a meal~ tax. The cc.unty tax limitations impc;:;eQ pursuant to ~ 58.1-3711 shall apply to an)' t,PJ. ie\'it-d under this ~~.tion, mutatis Hm:'8 ndis, D, No C',)unty which has heretofore ad,)p'..ed i1t: ,.j,3, I' ,mCE plJr's\~ant to sU~Ok.:tion A of thi~ ~tiorJ shall bE ff"Quired tc :'Out-mit &T; r.mendmeot t.o its me~h t.a:x ordinance to the vutkrF in a ref.:rt:ndum !1888, C 847; 1989, c 391; 1?%, cc 846, 862,) The 1991 a'tnendm~nts,- The 1991 hIn,:,:,dmente by ce. 8';'€ and ~~ lU"'t' identical, e...,d it: ..rcr..t; tht first }.>i1J"agr-aph of ~'.l~sec'..i.on A. rtwr;;otk !",,' o;e(.tion B, &nd &dd~ ~t1:.~iOD D AkTICLE 8. Other Pennissible Tal,'es, t 58,1.3840. Certain excise taxes pennittoo. .'- The provisions of Chap- tkr 6 (~ 58,1--600 et seq.) of this title to the (Vntra.!')' notwitbst.anding, any city or t1')\\'I) having general taxing powers €"td.bli~hed by charler p~uant to or roj,~istent with the provisions of t 15.1-S41 rnay i,npc;;-,e excise taxes on cigEUett.es, admissions, traru:ient r<:":Hn n:ntBls, meals, and travel camp- gn...uDds, provided that no such t.a...';;t>;~ '!',ay be irq:w:..:,.c--d on fc,,->d and beverilges sold. tl:.rc>ugh vending machines or on an)' t.2 ngible pt-:r-3onal pruperty pur-cha:<;ed with food coupons issued by the Unit~ S~.at.es Department of Agri""Jhure under the FC>\.'ld St.amp Program or draftE 13':'-J:.,d through' the Y;,g;nja Sp.,.dal g~'f'1=~,,'Dt'ntal Food PrugJi''n fur ,,\',:.-,....n, Infants, and Chjl\u..:-n In Bddiliu!l' as f.e~ ~~~}, in ~ 6:'3.~.lS4. r:c' b'>d t'c.',"'Yr.' "i~.<-rating a '\t:c!<:hng s~and or {/h",r bUSJnZ'38 (';-,~dp'":st' l)Ykr 1hEo .1'-.; '<;d,ctlOn of the D""f',:d"l '-uint for the v: ::-c;:-:;,lly H", ;,d;CB;'~...:-d a,-,d 1~>(>::>.;:i (,n p: 'pert)' at:quii"(.,d and 1':0.31 OJ the rr;i~;:-d S'2tes for an~ mHi',.ary or Lava1 f',lTPC,';E- ,,},all be S05 COUNTY FOOD AND BEVERAGE TAX ~'l AS PRESENTED: Shall Albemarle County be authorized to levy a tax, not to exceed eight and one-half percent, when added to the state and local general sales and use tax, on food and beverages sold for human consumption **************************************************************** VERSION I ~ Shall Albemarle County be authorized to levy a food and beverage tax of no more than four percent on food and beverages sold for human consumption by restaurants and on prepared sandwiches and single-meal platters sold by grocery stores and convenience stores at delicatessan counters, not to exceed eight and one- half percent when added to the state and local general sales and use tax? VERSION II Shall Albemarle County be authorized to levy a tax of no more than four percent, which does not exceed a total of eight and one-half percent when added to the present four and one-half percent local general sales and use tax, on food and beverages . VERSION III ~ Shall Albemarle County be authorized to levy a tax not to exceed ~eight and one-half percent when added to the state and local ~general sales and use tax [said food and beverage tax not to exceed four percent], on food and beverages. VERSION IV Shall Albemarle County be authorized to levy a tax which, when added to the state and local general sales and use tax, does not exceed eight and one-half percent [a food and beverage tax of no more than four percent], on food and beverages. . . VERSION V )3hall Albemarle County be authorized to levy a tax [a food and ~~everage tax of no more than four percent] which, when added to the state and local general sales and use tax, does not exceed eight and one-half percent, on food and beverages. . . 1 .r' ......;: 'I . ~.~ ". .. ! r. COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 Ifl, ii-=~.~.,-, d \1 }// , ' , \' :1 .. , l. I. 1'1"\ ' 'I' \ ' 5 l~tjl " I ..', ,-----/ ; -' ~~"::;, ~, MEMORANDUM TO: Albemarle coun~~ Board of Supervisors Kenneth M. Baker, Senior Planner FROM: DATE: July 15, 1991 RE: CPA-91-1 Bicycle Plan for the City of Charlottesville and Albemarle County The Albemarle County Planning Commission conducted a public hearing on the above-noted item on Tuesday, July 9, 1991 and unanimously recommended that the Comprehensive Plan be amended to include this plan. Please note that the Board is scheduled to review this plan on July 17th. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. KB/jcw _~________._._---r--.~ ."._-_.._----_._-_._,~~:~------_._._--- . ' , ". ~ ___.. _,.,..--- " . -----t ,.-,..-------'..,..-'. -:;....-....-'.-...-----...' , . .!! . " ',:-: '" -, .!! .s4:..c..'J.i~. ...... w: . .' =~~ !f ~ ~-;t. 0; l! U ' 1;,\, ;g! .e ~ ,.,~.; " '.a.~~.- f~..'e'" ;".c &'~' t::. '. U'.: _ :--;'. ::I ,;:s., - M'..J: " e ". ~~:.: ~:'- -; _ ':i~' C(' b'. '~ff~l..:i t:: .~ 5. " .!!~ -e -::I 11I0 _ e... 0- 0. ,;:s . : .0 e .c- .e '.- 'is 3. ~= .Q. -- '.0. !!. ... "".. :>',.. ..~...,,; .:;.... .'< ~~~I ~~;;2a~ ?, "~'-C-'.d ,~. o'E~' ;".~ ,;:s" . ;.~ ""i ' ~~';l~.~' . :.~-::, J.?-.:?:3:,'?;>;~~.;.!'.,~~$"7"...~* " .;, \,,' .-:a:')~'~:::': :- ~;~ ~~.; ~~ s.JL i ~ 1 'S a ~ .,1J .s-.a '" ~ ~ 'i~ g'~~: i ~ Aa:' ~.~:ft ~ ~ ~ ~~ as" . p., :3 . ~ u- .:~ '>.. CD' . >.. b -:3 8 ~ '" S .Q ;->?''C.:;'. . ....8"'~ ~aS'~,.ca;::t ....----!"'" . .,~ s:l e ~ PoI:Q u::'::= ~ bGl (I)>....,.:.' ~ft.. '. ., 's' -S!=!. ~ " 1>>' (I) U' -- .... .:a d r:; 0 Po (I) ,.'\; 1 CD '....-0 ;s.... CD Po' - as s:l v, en .~:" :. 1a' ~ ~ a .:a f/}' ~ >>-0 _.;;0 0 .... GJ tl g.....;, CD. .s :';s 'a 0 ~ (I) ;s g as ~ ::j (I) "";"(1). < :gs.. ..Oi:d ...- ^ >.bGd1!'> o;-PoCD'jO CD~:if.!!!-o.:J=--;s '~CD~O~~CD''''(I)CDbG~~ \AI, '"' s:l ,;::>....CD'i~ .;;;0(1) 1:ls:l.;;O;Si:d .....'0.> 0 11)-" .dl-e A(I)....<~.:sCHt>lidl(l). '0 O. . . ; = ] 0 ~ a.t .!II lit -a ~ i:d oS CDA 8 Q i:d g 0 a ~ g ~ bD~~ g ~ (I) e:.d ~o e a ~.... ~ ~. s:l . ..... E 9 ~ ;~ 5 ~~ 'P.l~i':l~~!l ~.~ ~ ~ :}~~ca~~ ~-li';.l!~lal1 ~~ 8 ~..::J 0 g ~. ~ :ni':] ~~ ~]~; a .8:]~ i-!;:~~J'!~ i:,s_s-!~ =!~ :J~1 i .... C\I =. e .0 ~!:...,,~ . ~ l!''''~ ~ iO~ ~ .,.S ~11~.a .0::; ~ ~.~ll.u"'ll ol~a ~~ " ", a..,' Q; ~ .s tt-e 1 a -:5_:gE1!l !~~ ~;~ ]~-~~~ <Ii"bG~'= ~ .~ ~111 aaaii !t~l t. ~. > = ~ bi~CDbG ~~!-g~aS~ O~CD ~~~~i~ ss 0~.saS~~@~8s:l>.~~~~ m 0 ..c;, CD tl (I) .s.~ a.s 8 S ,",.s:: (I) - ;... iii >> ~ Cd e ~ ~ co::; :>. "d'" .... as..... - _ _ (I)' '. 0 ~a' ::;a (l)a .!!!.~ e iii 8 ~ ~ 1Il.s I:Q ~ E ~ ~ ~ ii ~ ~ i tl :.~ ; -Q-d ~.~ ~ g : a'i'~ ~5 ~ ] a ~ as .... s:l .... ~ . 0 (I) (I) CD '0 ' 8 "" - s:l i:d~:>>~ ;s CD as.~ (I)'jO >>.~ as iii" tl ~.c .;;0 ~ft _ _ , :!:a CD ~ ~ CD t ..8 bD s.. a.s ~ as !>.. s:l ~ <Ii.8 g (I) CD 'P.~ 1! :! 8 ~ ~ -:5 CD.U1 ~ ii ~ a 3 0 ~ (I) v,.., ~ '" a. 0]", - ~ ~." ':l 8 ...... ~ ~ o.a ~ ~ k ~,s ~ d" ~ ~ ~." d ~ ~ ~ ~ ",,, ~ ~ ~-J~~t8ti!JI~~I.ml1I14~1~1~~~~~iBJl!'!~1~e1,sB~3t~l~ C >- Ul ~-'l e ,s '" d.o ~ '" _. ~ ~.~ ~".o O~ 0 .... c....2 '" '\I 0 d.S' ~ d''''~~'' O (.):E ~~~ciI' ~ciI~Gs ~~;.::s~~CD :'~~~~F:;:~ ..8'lr-:..J~1 "d~ :i~s:ls:l(l) .~(I) t-'O J , <<S. !>.. iii "d'~ _ >..;a !>.. ~ _ ~ o.co p, ~. s:l ~ 0 ~ iii ~ ~, m-I;;>:.. a eo 0 p'o..g 0 -:5. ~ -:5'. co a U' a CD U' bG~' u .'.... (I)' . Cd 0 ,...."" ' ". ." "" ~ t::4 Po .... CD!>.. __ .' __ a. :.s (I) :a s:l"jO (I) . ~, e (I) ~ .s -8~' 0 ~ CD, -0 - a. - ;::ft . ~.s M iiI' 8,'cQ 0 ~' .... AIIl:- '0 :!~. ~ft' ..' ^.' .... ~ t: 8 ' .....a, t::: .g -:5 CD .... . ~ ~ (I) -0 a "~- g~::..;,. ;s I-;) - s:l 0 -ii Cil: (I) ~.' ; (I)',;S v,.: .... c C>C' ~<ai bD' - 0 g.'a>.g ',.&-0 ~~~, to a ~"".3 lit 0 i -:'.~:I:l-lfl~~:a ~ .,'] ~ .s~~ ~ .A.:, a IiIS UJ .-> ' ". . z (I) >'a' ~ ~ CD lit ~ -0 (I) ~'r: CD as CD CD :a as " J Po s:l ill a u '0 0 !l a r::: '~'.'~.'.(:), =.. o=.!1 :-;;1'8 e ~:~~P.s ':::ft .'"'0' ~ 5.!::J, -tij'"[~> ~~ "O:al~bb~,~~.S - al. ~~~. ....-'~ ~ ~~ : ..... ,. 0 en 8QlPo .~''''' ;s.- OCD ....lfl::trd-' u.up"';;O " ...,.. ,"s:lal ....p,.......- ."" as-iii __.=::~,,-:=""-.::"'-z. .:c:.o.. p,_ ..'.... s:l~ 0 .. bD~Z"";S C'~~:.s ~s:l:g.; '0.... ! .g'.~lfl:_: ~ (I)~~GJ, -'i'Cd'~ '"'!:i a-- e ';'/()u"" % II ,0 (I) i:d Po':":;~ a:S~ ,",,~.=;>"CD bii~~o.~- a ;g-(I),s:l.c --.:1iIf.!;'i,~~'!. ..... :?='.b~.oGJ.a ~,1Il .... d (I) .....T.. .0 CD ~:=tal;'" Cd'O~ ~~as -:5~i .8 (I)] -~.,~~>> --'al---B(I). C(I) s:l.;;<~ ".. . _ ~ _ '.' .. 0 & s:l"!>;S ~ as.... r::: 0 S J:.....~.... '"' (I) .... .... as!l; Cd .' . ~' CD! bG~ ~ _Q:'" ~::.: CD' as ~ ~ j;i o.a"-' Cl):g_ lIl'r::I ." -.....;.. ,. ~ .., 0 ill CD 0 ... 1! ill ... (I) (I) s:l 0 0 ~ i:d - .... . g: - III <,' ."~ E:f u.2 ~.-o ~ ... (I) (I) <G ~ ...~. ~ It ~'~ .a, 8 .s ~ CD ~ ..c; g."~ ;s cD! ;s -:5.~~.& (I) - 'CD ~'IiI" "'. It .:i -(1 e~'bii;" . :,ltaf~' o:! ~'Cd E. . ' . ..;c:......... S ~ ~ e ~ ~ 11 ~ ': Jl ~ :1! ~ s~ ~ .. {II :l -: .~ 11 8,l!l:P- a S:"8j:rc g t-:ll ~ 1l 2.j ." oS e ~ .. .'. _ _ a as s:l i:d 'as '"' lfl CD . ~ 0 8 ~ -0 ~ ~.... '0.,5 '"' ;s ~ Po 0 (I) . . CD ~ t '0 u .... ~.... (I). as (I) (I) k , '0 ~o ,",G~~-U.Jol~ca~ A]:!~at-:i~~'gri.ie~O~;;S~iDs:l.i~s (1)< G-o~::]..s O ",., 0 .g 0 'S a:E 5 ~ ~ a 0 ~ t -;; .... ~ 8 (I). .s:l >. to' ~ g s:l' p, a iii : (I).b 8. ~ -:5 a bO~:a CD ,. .,_'" c_ a'S ~~ 'P.~.s.aSa' ~'P.~d'3-:5-;~~] i.3 ~ ~ ~~~3 ~.':ft 1d~ '~bD~ ~g -a~]~~~ ;~.,"~ ....CD........ . (I) CD _ Cd(l)....u(I)....-a:l.cCD8"'" Po........cI)CD'tiI=sCD...i:d~' '"'~ i' ~(I),a I.. ....~ '._ :~ ~ ~ ~h9~~:~a~~ g~ ~~~.~ a~j ~ ~~~~~ ~iP ~~:~r~.~~Ei a~.!'~~~~ ~ 0 d.... 0 s:l.<:t,- ll: tt1 ..g ~ oS b 1S:d 0 ~ 'P. :a a - a ~ RESOLUTION o F INTENT BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, does hereby state its intent to amend the Albemarle County zoning Ordinance in section 5.6.2, Conditions of Approval for Mobile Homes on Individual Lots by the addition thereto of a subsection "f" reading: "No rental to be made of the mobile home, the same to be occupied by the owner of the land on which the mobile home is location, or by a lineal relative or bona fide agricultural employee of the owner; and FURTHER request the Albemarle County Planning conunission to hold public hearing on said intent to amend the zoning Ordinance, and does request that the Planning Conunission send its reconunenda- tion to this Board as soon as possible. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing is a true, correct copy of a resolution unanimously adopted by the Board of Supervisors of Albemarle County, virginia, at a regular meeting held on July 17, 1991. Clerk, Board of Count Distributed to Board: "?t 12 ' 9' C Agenda ItJ1Jl Np, 9;,07/;; /?is-' I I if: , j COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 MEMORANDUM TO: Albemarle County Board of Supervisors and (lv C/ FROM: V. Wayne Cilimberg, Director of Planning Community Development DATE: July 12, 1991 RE: Conditions of Approval Mobile Homes Authorized Administratively The Board of Supervisors has requested ordinance language to restrict occupancy of administratively approved mobile homes. Such language was included in the prior zoning ordinance and could be reintroduced in current regulation as Section 5.6.2(f): f. No rental to be made of the mobile home, the same to be occupied by the owner of the land on which it is located or by his lineal relative or bona fide agricultural employee. Currently, special use permits issued by the Board typically have the condition "Mobile home shall only be occupied by (property owner) or their family." If the Board wishes to amend the ordinance to include the above language, it should pass a resolution of intent to do so. If the Board feels it should address the mobile home policy more broadly, staff would like to discuss the issue with the Board as to the direction to take. VWCjjcw cc: Amelia Patterson " Kevin Cox Route 2, Box 226E Gordonsville, Va 229,4~ l'- " Albemarle County Board of supervisors 401 McIntire Road Charlottesville, VA 22901 '.) "\ :~~ ,:)., July 16, 1991 1:. . Dear supervisors: Since the adoption of the current zoning ordinance in December of 1980 neither a prohibition against rental nor a requirement of applicant occupancy have been conditions of approval for mobile homes as stated in section 5.6.2. Because this condition was dropped from the zoning ordinance, all mobile homes which were administratively approved since 1980 can be legally rented or sold on the site if the special use permit holder so desires. Some, but not all, of the BOS approved mobile home permits have the "no rental" condition placed on them. As recently as 1989 many mobile home permits were approved by the BOS without applicant occupancy as a condition. The vast majority of mobile homes certified for occupancy since 1980 do not have applicant occupancy as a condition of approval. Yet there has not been a proliferation of "de facto" rural trailer parks in Albemarle county. Nor are there large numbers of poorly maintained rented mobile homes on rural lots. There are, however, a few very nice affordable mobile homes available to rent on rural lots. These affordable rentals frequently provide the opportunity for future home owners to reduce their expenses and save towards a down payment. It has been suggested that the language of the condition be changed from "applicant" to "owner". The rationale being that the applicant could then sell the home on the site and not lose their investment in site work. Unfortunately, many older mobile homes cannot be sold irregardless of their physical condition. Even though many of these homes have been considerably improved and are on well maintained lots, they remain "trailers" in the eyes of the lenders. Financing the purchase of an older single wide is very difficult. Because selling is a limited option, many single wides become rental properties when the original buyer is able to afford a single family home or there is a change in circumstances. There are single wides with the "no rental" condition which are being rented at this time. In one instance an elderly parent living in a single wide passed away. After trying unsuccessfully to sell the home, the permit holder rented to a low income elderly couple. How would this "no rental" condition be enforced in this case? Fortunately that is not a problem because the condition is " unenforceable. Like much of the zoning ordinance, this regulation will have to be enforced through citizen complaints. I will not register a complaint because of the possibility cf eviction and the potential increase in public assistance co :s to meet the housing needs of the evicted tenant. I ask that you not amend the zoning ordinance with the "nc rental" condition for the following reasons: 1) Unenforceable. This condition will adversely effect onest people while encouraging scofflaws. 2) Unnecessary. The two acre lot size and five subdivision rule eliminate the possibility of "de facto" trailer parks in rural areas. There also has been a decline in single wide permit applications since the "legalization" of double wides last year. 3) Limits housing opportunities and reduces affordable options. Families live in a mobile home while paying for the land. When the land is paid for, it can then be used as collateral for a construction loan to build on the site with the mobile home rent providing increased income for the owner, affordable rental housing and on site management of the mobile home. Albemarle County has one of the most liberal pOlicies regarding mobile homes in central Virginia. I commend you and encourage you to retain it as such. Sincerely, Kevin Cox