HomeMy WebLinkAbout2008/09/3 (2)
Natural Herita2:e Committee
Report to the Board of Supervisors. September 3. 2008
Michael Erwin (Chair) and Carleton Ray (Vice Chair)
This report represents the second report submitted by our Committee. Weare comprised
of 12 volunteer citizens of the County, with broad expertise in science, natural resources
management, and education.
The report, which we hope you have read, is essentially in three parts: the review of the
year's accomplishments, a draft Biodiversity Action Plan (a goal of the County
Comprehensive Plan), and a draft letter to landowners to encourage individual
conservation easements and best management practices on their property.
The Committee had a number of significant accomplishments during 2007-08 including:
making progress by adding layers of information to the County GIS system to identify
critical natural resources features, working in partnership with four other organizations to
contract for a recent high-resolution land use/land cover map, meeting with Greenways
program coordinator to assess County-owned lands, developing a list of invasive plant
species that threaten natural biodiversity in our forested areas and working to develop a
brochure on such threats, expanding the Natural Heritage Committee's web page,
participating in the Earth Day Eco-Fair, and developing a draft of the Biodiversity Action
Plan and contact letter to landowners.
We acknowledge the dedication and hard work of our Committee members over the past
year, and in most cases 3 years. These dedicated County residents have spent
considerable professional time and energy working toward a successful, long term,
sustainable approach to biological conservation in Albemarle County. The future of the
Committee, however, looks bleak without County support in the next year. We have
ambitious plans but require partial FTEs in the Community Planning & Development
Dept. and a minimum of$ 3 K for operations. Without staff to help respond to the public
about biodiversity issues, coordinate with other non-governmental organizations, add to
the Biodiversity database and conduct GIS analyses, little progress can be made
implementing the Biodiversity Action Plan. Further, a modest amount of funding is
needed to support a workshop focused on landowner practices, and to defray the
publication costs of an educational brochure on invasive species and other threats.
With no support, it will be fruitless for the Committee members who are due to rotate off
the Committee to re-enlist, or to be replaced by new members. We recently lost one
senior member before his term expired due in part to what he perceived as non-support
by the County.
We propose that the Board commit to its long-term investment in Albemarle's rich
natural heritage, especially its rural area, and provide modest support to our Committee in
balance with its investments in growth management. Further sacrifices of water and air
quality, forest integrity and connectedness, and natural habitats will surely jeopardize the
area's rating as one of the nation's best places to live.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Natural Heritage Committee Annual Report
AGENDA DATE:
September 3, 2008
SUBJECT/PROPOSAL/REQUEST:
Presentation of the Committee's annual report
ACTION:
INFORMATION: X
CONSENT AGENDA:
ACTION: INFORMATION:
STAFF CONTACT(S):
Messrs: Tucker, Foley, Cilimberg, Benish, and Clark
ATTACHMENTS: Yes
LEGAL REVIEW: No
REVIEWED BY:
~
BACKGROUND:
On July 6, 2005, the Board of Supervisors authorized the creation of the Natural Heritage Committee. The Committee
was described as:
"...an advisory committee that maintains the County's Biodiversity Assessment; advises the Board of
Supervisors, the Planning Commission, and County staff on applying biodiversity information to land-use
decision-making; and supports biodiversity education in the County."
STRATEGIC PLAN:
Goal One: Enhance the Quality of Life for All Citizens: The existence of healthy living systems is an important factor in
citizens' quality of life.
Goal Two: Protect the County's Natural Resources: Effective natural-resource protection requires science-based
conservation planning.
DISCUSSION:
The Committee's Annual Report for fiscal year 2007-08 (see Attachment A) has two major purposes:
1. To report on the Committee's activities over the last year. These activities, summarized in section II
("Annual Progress and Activities"), support the four major areas of the Committee's work plan:
.
Biodiversity Assessment - cataloging and analyzing the County's biological resources, as a
foundation for effective conservation planning
Rapid Conservation - identifying biological resources within the County that are in need of
conservation in the short term, and identifying appropriate tools
Education - finding methods to communicate natural heritage information to the public, and
developing a communications plan
Strategic Conservation - developing a long-term conservation plan for biodiversity in the County
.
.
.
The report also includes the Committee's goals for work in these areas in the upcoming year.
2. To recommend an outline for the Biodiversity Action Plan called for in the Natural Resources &
Cultural Assets chapter of the Comprehensive Plan. Appendix A of the Report contains a draft policy
that could be adopted into that Plan.
BUDGET IMPACT:
There are no budget impacts directly related to the Annual Report. However, the Annual Report contains requests
for staff support and funding to meet the Committee's work needs (see Section III of the Report). Due to budget
constraints, the Community Development Department is currently focusing on mandated tasks and Strategic Plan
priorities, and is therefore providing only minimal staff support to the Natural Heritage Committee.
RECOMMENDATIONS:
Staff recommends that the Board of Supervisors accept the Natural Heritage Committee's annual report, and direct
Community Development staff to report to the Board on options for responding to the Committee's recommendations.
ATTACHMENTS
A. Annual Report - Albemarle County Natural Heritage Committee, Fiscal Year 2007-2008
Attachment A
Albemarle County Natural Heritage Committee
Annual Report
FY2007..2008
~-....- - --
Toward A Sustainable Approach
To Biological Conservation
In A Growing Community
Executive Summary
This second Annual Report retraces progress achieved during the period Summer 2007 to
Summer 2008. It contains summaries of four subcommittees during this period, a proposed
Biodiversity Action Plan (as called for in the County Comprehensive Plan), and a request for
support to fulfill the Committee's mandate.
Our strategy is reflected in the incorporation of land-use assessment and monitoring, public
education, and demonstrated principles of resource sustainability. Our scope of work has
expanded from proposals for protection ~f specific sites to conservation of landscape
corridors and healthy, diverse functional ecosystems. However, the NHC is a volunteer
advisory committee that lacks the capacity to implement the considerable tasks that we were
appointed to accomplish. To make significant progress, more County resources will be
needed for biodiversity protection and ecosystem management and should parallel that for
growth management.
Not only is additional County support urgently needed for the Committee, Community
Development Department, and its rural-area conservation efforts, but more partnerships are
required between governmental and non-governmental organizations, and Albemarle's
citizens to meet the County's stated policies and goals.
We request 0.25 FIE for the Planning & Community Development staff beginning October
2008, and a 0.50 FIE for a GIS and resource specialist in 2009. We also request $3000 to
support a partnership workshop on landowner management practices, and for an educational
brochure on biodiversity.
Cover image: Beautiful but fragmented Albemarle County landscape infal!.
Photo @ G. Carleton Ray.
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I. Mission, Goals, and Strategies
In July 2006, the NHC issued its "Strategic Conservation Plan Outline" containing as its
overall Mission: The Albemarle County Natural Heritage Committee (hereafter NHC)
will develop a biodiversity action plan and subsequent implementation measures that
provide means for sustaining the landscape states and ecological integrity required for
important ecological services and healthy populations of native plants and animals."
As an initial set of goals, the NHC reviewed those from the Biodiversity Working Group report (2004
- Table B; with some modification):
· Preserve large blocks/contiguous habitats of forested lands and aquatic resources,
respecti vel y.
· Seek connecti vity of terrestrial and aquatic habitats.
· Identify and implement multiple representatives of native Ecologically Valuable Areas
(EV As) and communities among subwatersheds (from Table N in BWG report).
· Develop management plans for selected ecological valuable areas (Table N in BWG
report).
· Assist in restoration planning for key County-owned lands with natural- resource
potential.
· Develop monitoring plans for key natural resources in the County that are important for
carrying out ecosystem services.
· Disseminate information to the public about the value and significance of biodiversity,
natural areas, and ecosystem services.
The NHC has adopted the following strategies to achieve these goals:
A. Evaluate current state of natural resources and build databases:
· spatial data of known important resources
· current land use/land change imagery-high resolution as a spatial baseline for change
. information from local resource experts
B. Prioritize key resources and changes through space and time using current monitoring
methods.
C. Support construction of a "green infrastructure" within the County by connecting large forest
blocks, wetlands, stream corridors, parklands, large private parcels; identify mechanisms to
achieve protection and/or opportunities for restoration.
D. Develop implementation/management plans for the initial list of sites (Appendix A, BWG
Appendix A); identify mechanisms to achieve protection.
E. Coordinate land protection, acquisition, restoration concepts with State (Div. Natural
Heritage), County (ACE program, Dept. of Parks and Recreation) and non-governmental
organizations (The Nature Conservancy, Piedmont Environmental Council, Thomas Jefferson
Planning District) as a means of complementing the work of others; identify strengths and
weaknesses of existing programs.
F. Develop public education to inform citizens, policy makers on the values of biodiversity,
natural resources, and ecosystem services so our efforts will be complementing and
partnering with other groups rather than duplicating their efforts.
· Develop web site to highlight NHC activities and promote awareness of important
environmental education principles and issues with links to important ecological concepts
from the 2004 BWG report and other important programs.
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· Evaluate environmental education ongolllg III County, complementing, not duplicating,
other efforts.
· Develop web site on NHC activities, with links to other important programs.
· Disseminate information about activities listed in A-E above by means of local and regional
media, workshops, and conferences as appropriate.
· Include important ecological concepts from the 2004 BWG Report.
An overarching outcome of these elements is to develop a long-term conservation plan, the
Biodiversity Action Plan (Appendix A). In that regard, we intend to assist Planning staff in revision
of the Natural Resources Chapter of the Comprehensive Plan. Also, in cooperation with partners such
as TNC, PEC, and the Green Infrastructure Program, we would like to help organize a workshop on
biodiversity protection for landowners. The Committee also recognizes the necessity for an adaptive
approach that can respond to changing circumstances, and that necessary prerequisites must first be
accomplished, not the least of which include landscape-scale mapping and assessment, development
of educational tools, and adequate staff and funding support.
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II. Annual Progress and Activities
The NHC has instituted four subcommittees to address the above six strategies: Strategic Planning,
Biological Assessment, Rapid Conservation, and Education. Their activities during the 2007-2008
year are summarized below.
Strategic Planning: The Strategic Planning Subcommittee is charged with prioritizing the
needs and scope of conservation for the County's natural biological and ecological
heritage, and for articulating the scientific foundation for a long-term conservation plan.
Preliminary work, as described in the NHC's 2006-2007 Report and NHC discussions
during the past year, has made clear that a long-term conservation plan can only be
achieved by the integrated efforts of the NHC's four subcommittees, and with a strong
commitment and support of County staff. Several strategic questions illustrate this
statement:
· How may priority areas be identified, implemented, and monitored?
· To what extent are current conservation mechanisms sufficient?
· How may the public better be informed and supportive?
· How may conservation decisions be more efficiently made?
· To what extent must County staff be involved both in work of the NHC and in efforts to
protect natural resources more effectively?
· How will County policy shifts influence NHC strategies and recommendations?
Accomplishments:
The Subcommittee met several times in the past year, and discussed contacting resource
scientists and managers at local, state, and national levels to obtain their opinions on how
to effectively conserve lands at regional scales. The chairman also contacted legal
professionals to determine what "boundaries" and opportunities might exist at the County
level in Virginia for innovative land conservation schemes. The committee met with the
green ways planner of the Parks & Planning Department to determine ways for NHC to
assist in improving newly acquired parklands. Two field trips were conducted.
Plans for Next Year:
In 2008-2009 the Subcommittee will:
· request a legal study by the University of Virginia's Environmental Law Forum on the
complex legal issues involved.
· explore the NHC's working relationship between Albemarle's Parks and Recreation
Department in order to improve prospects for conservation areas within existing and
proposed County parks.
· conduct a study (possibly an MS student) to evaluate the relative effectiveness of several land
protection mechanisms in Virginia (TDRs, easements, federal USDA set-aside programs,
etc.) in protecting biodiversity values.
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Biological Assessment: The overall objectives of this Subcommittee are to: (1) Obtain information
on the current status, trends, and threats to key natural resources in the County; (2) work with county
planning staff to develop information and tools required to support better land use decisions at a
landscape scale; and (3) help develop basic monitoring schemes for selected natural resources that
can help reveal trends in resource quantity and quality.
Since the NHC began, this subcommittee has been involved in the following:
1.1. Initiate a high-resolution land cover mapping project with local partners.
1.2. Develop additional GIS data layers and analytical methods to support
planning staff.
1.3. Explore biological assessment/monitoring programs that might be used
to monitor biological resources in the county.
Accomplishments:
1.1. To obtain a recent (2006-07) high-resolution land cover map, a multi-agency
project was formulated. Several meetings were held with local partners (Albemarle County,
The Nature Conservancy, StreamWatch, Thomas Jefferson Soil & Water Conservation
District and the Rivanna River Basin Commission) to discuss and create specifications for
the project. Results to date:
1.1.1. Alternative methodologies and preliminary cost estimates were developed by
working with several vendors.
1.1.2.Additional funding was obtained from the Rivanna River Basin Commission.
1.1.3.An MOU was put in place regarding management of project funds.
1.IA.An RFP has been issued and a contractor will be selected by fall 2008.
1.2. The following GIS data layers have been developed
1.2.1.Forest resources
1.2.1.1. Forest patches> 250 acres
1.2.1.2. Forest patches by size
1.2.1.3. Forest patches by housing density
1.2.2. Water resources
1.2.2.1. Riparian zones (100' stream buffers + FEMA floodplains)
1.2.2.2. Watershed road and structure density
1.2.2.3. Stream segment quality (based on StreamWatch data)
1.2.204. River bluffs
1.2.2.5. Distance to streams
1.2.3.0ther
1.2.3.1. Major soil groups (based on NRCS SSURGO data)
1.2.3.2. Mesoscale landforms
1.2.3.3. Slope aspect and steepness
1.204. Several maps have been generated to facilitate group discussion and support public
education activities
1.3. US Forest Service Forest Inventory & Analysis (PIA) database reviewed for potential use in
the County; discussions held about creating a forest monitoring network similar to
StreamWatch, potentially utilizing master naturalists as volunteers.
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Plans for Next Year:
In 2008-2009 the Subcommittee will:
· meet with the contractor of the high-resolution land cover mapping project to make sure that the
goals of the NHC are met in addition to those of other County participants (e.g. The Nature
Conservancy, etc.).
· continue work on the "flag layer" to make sure that sensitive areas (steep slopes, bluffs,
wetlands) are mapped into a GIS system and that data are mapped at consistent projections; i.e.,
forest stands will need to be differentiated between hardwoods, mixed types, and evergreen
(mostly pine plantations) as these have very different biodiversity values.
. explore opportunities there for a prototype forest or upland monitoring project.
Rapid Conservation: The primary purpose of this Subcommittee is to propose sites with important
unprotected biological resources as targets for protection, potentially including proposals for
conservation plans and mechanisms. The subcommittee also will help in development and public
promotion of tools for protection of sites with important biological resources. The Rapid
Conservation Subcommittee will propose actions in response to particularly acute, emerging invasive
species threats. Multiple cycles of conservation target site proposals to the Board of Supervisors and
protection implementation are planned.
In early 2007, the subcommittee developed a proposal that called for recognition of six sites in the
county with important biological resources as targets for conservation efforts. Sites included wetlands
(Campbell, Pinkerton Slash, Preddy Creek), river bluffs (Key West-North Fork Rivanna, Rivanna
below Buck Island) and a large forest block (Southern Mountains). These sites exemplify critical site
and landscape features identified in the 2004 Biodiversity Work Group Report (Summary Report, p.
10, Table N). Supervisors were receptive to the conservation site proposal and asked the Committee
to work on next steps.
Accomplishments:
In 2008, the Rapid Conservation subcommittee examined several issues related to the 2007 proposals,
including transfer of development right programs, the role of core areas in conservation plans and
impacts of invasive exotics. Reduced staff support for the Natural Heritage Committee has hampered
progress at times. The subcommittee did make significant progress on developing a list of invasive
species that threaten biodiversity and have made plans for a brochure to be prepared, in concert with
the Education subcommittee.
Plans for Next Year:
In 2008-2009 the Subcommittee will:
· follow up on implementation of the 2007 conservation site proposals.
· complete development of a draft letter to landowners (Appendix B).
· develop mechanisms for conservation-area land owners regarding conservation goals,
sources of technical and financial assistance, and land management guidelines.
. begin selection of a second set of conservation sites that further accomplishment of the
landscape scale conservation plan.
· facilitate development of conservation easements.
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· provide assistance to Planning staff as a liaison between the public and the County for
enhancement of biodiversity conservation
Education: The Education Subcommittee was tasked with determining how natural heritage
information and activities should best be communicated with the public, and with developing an
initial communications plan. Its focus has been to educate citizens about complex biological concepts
and conservation strategies using straightforward language. To this end this subcommittee has
continued efforts to develop materials that can increase public knowledge about our county's natural
resources
Accomplishments: This Subcommittee has launched a Natural Heritage website that contains
a glossary of pertinent biological terms and concepts, and information for empowering people
to support the county's goals to protect its natural resources.
The website can be found at URL: http://www.albemarle.orglnaturalheritage. The
Subcommittee created and distributed educational materials at the 2008 Earth Day Eco-Fair.
It also met with County staff to discuss how the Education Subcommittee can better support
county efforts to protect and restore its natural resources
Plans for Next Year:
In 2008-2009 the Subcommittee will:
· update the Natural Heritage website as new information becomes available.
· compile and assess educational materials already available that support the County's
goals for biodiversity protection.
· create at least one new brochure or pamphlet that supports the County's goal for
protecting biodiversity
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III. Current Funding Situation in the County
Given the limited support the NHC has received this year, with no support forthcoming in 2008-2009,
the NHC has severe constraints on its plans.
Actions that the NHC can perform with no funding support from the County:
1. Consult and advise County staff on key functions that affect natural heritage such as ACE,
Parks & Recreation management planning and policy, County ordinances such as stream
buffers;
2. Continue development and expansion of NHC web site as an educational tool to the public;
3. Consult with other organizations such as TNC, PEC, TJSWCD to assist in identifying areas
for protection.
Critical functions that the NHC cannot be perform sufficiently due to lack of support:
1. Add information to the developing GIS layers to indicate local and landscape scale features
of resource interest;
2. Progress toward land protection even if critical areas/parcels are identified; this demands
significant commitment of Planning staff time to serve as a point of contact for willing
landowners;
3. Conduct required spatial analyses to reveal critical areal habitat requirements (minimum area
concept for certain species);
4. Conduct a study to evaluate relative effectiveness of land-use policies already being applied
in Virginia (e.g. Phasing and clustering, Transfer of Development Rights, Purchase of
Development Rights, Conservation Easements, Land Trust acquisitions, etc.);
5. Design and implement a monitoring program for selected resources, such as a forest health
scheme, expanding the water quality monitoring program of the Rivanna and tributaries, or
critical pollinating species;
6. Assess the value of the County's parks and conservation areas key natural resources under
different recreational-use schemes (e.g. hiking trails, designated ATV areas, mountain bike
trails, exclusion zones);
7. Conducting workshops and publish information to inform citizens about land-use practices in
the rural area that enhance biological diversity.
In order for the Natural Heritage Committee to fulfill its responsibilities, a minimum level of support
is requested to include:
1. a 0.25 FIE in the Community Development Department to serve as a liaison with the public,
the NGOs, and the NHC beginning October 2008; e.g., when key resource areas on private
lands are identified for conservation, a staff person needs to be the point of contact for
information and to facilitate easements or other mechanisms for conservation;
2. a 0.50 FIE in the same Department to maintain and update the biodiversity database as an
important ongoing "resources state of the County";
3. conduct GIS assessments and analyses to determine optimal strategies for protecting
landscape integrity and ecosystem services functioning;
4. Funding support (-$2000) to facilitate a workshop among partnering organizations aimed at
landowner management to enhance natural resources and biodiversity;
5. Funding (-$1000) for publication of a brochure on biodiversity enhancement and/or
managing invasive species.
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As funding levels permit in the future, the NHC will require substantially more support - equivalent
to that dedicated to growth management in the County - to conduct more intensive analyses of
landscape conditions and change, design and implement monitoring schemes, research key areas and
resource "hotspots" and become involved in more outreach activities.
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IV. Committee Members and Officers
Name Affiliation
Anne Bedarf Member, EAT Local Project;
Project Manager, Green Blue Institute
Mike Erwin (Chair) Professor of Environmental Science
University of Virginia
Jan Ferrigan (Secretary) Free-lance writer
Diana Foster Educator, New Venture Directions, Inc.
John Murphy Director, StreamWatch
Richard Odom Consulting Ecologist/GIS Specialist
Tom Olivier Green Creek Paradigms, LLC;
Poplar Branch Farm
G. Carleton Ray (Vice Chair) Research Professor of Environmental
Sciences, University of Virginia
Hank Shugart Professor of Environmental Sciences,
University of Virginia
Phil Stokes President, Jefferson Virginia Native
Plant Society
Peter L. Warren Extension Agent, Agriculture & Natural Resources
Virginia Cooperative Extension
Jason Woodfin Director, Virginia Forest Watch
Scott Clark (Staff Liaison) Senior Planner, Albemarle County
Community Development
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Appendix A. Biodiversity Action Plan
This document describes major features of a proposed Biodiversity.Action Plan for the
biological resources of Albemarle County. The Natural Heritage Committee (NHC) urges
that this plan be accepted by the Board of Supervisors. We also ask this proposal be adopted
as part of the Albemarle County comprehensive plan during the 2009 update of the natural
resources chapter of the comprehensive plan.
Comprehensive Plan Basis
Albemarle County committed to protect its biological resources in the 1999 update of the
natural resources and cultural assets chapter of its comprehensive plan. A stated goal in this
chapter is to recognize the importance of protecting biological diversity in both the Rural
Area and Development Areas for the ecological, aesthetic and economic benefits of the
community. The chapter calls for development of an action plan for protection of biological
resources (pages 84-85).
Biodiversity Work Group Recommendations
The Albemarle County Biodiversity Work Group (BWG), created in 2002, reviewed the state
of County biological resources and made broad recommendations for biodiversity protection.
The 2004 Report of this group provides a general foundation for the work of the Natural
Heritage Committee. BWG recommendations about the plan proposed here are summarized
below.
The Work Group recommends (Report, p. 74): "the County should develop a biodiversity
action plan and subsequent implementation measures that provide means for sustaining the
landscape states and ecological integrity required for important ecological services and
healthy populations of native plants and animals". Recommended strategies for the
biodiversity action plan include:
I. Protect and restore large blocks of contiguous terrestrial ecosystems (especially
forests) and extensive aquatic ecosystems.
2. Protect and restore the connecti vity of terrestrial and aquatic habitats.
3. Maintain and reestablish multiple representative examples of native ecological
community types and sites with physical characteristics necessary for those
communities to exist.
4. Protect and buffer ecologically valuable areas and known occurrences of rare species
and community types.
5. Recognize and convey the importance of biodiversity and ecosystem services.
Provide community education and foster awareness of biodiversity and understanding
of its importance.
6. Manage protected areas.
7. Identify opportunities and act on them, or facilitate action by others.
8. Anticipate and address threats.
The report identifies possible implementation measures for each of these strategies.
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Protection of certain landscape features is essential to accomplishment of biodiversity
conservation. The BWG report provides a list of such features (Report, p. 78, Table N,
Critical Site and Landscape Feature Types for Comprehensive Plan Recognition):
1. wetlands
2. large areas of unfragmented forests
3. steep bluffs
4. lengthy, connected stream/river ecosystems
5. riparian corridors
6. known breeding and roosting areas
7. migration movement routes
8. rock outcrops and barrens
9. sites with known occurrences of rare/out of range species and intact native
communities
10. potential native grassland restoration areas.
The Albemarle County Natural Heritage Committee is charged with developing a
Biodiversity Action Plan (BAP) based on findings of the BWG. The following section is
intended as a draft of a policy that could be adopted into the Natural Resources and Cultural
Assets plan, in order to establish a clear conservation-planning process for the County.
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Biodiversitv Action Plan
GOAL: Develop, adopt, and implement a Biodiversity Action Plan in
order to sustain the landscape states and ecological integrity
required for important ecological services and healthy populations of
native plants and animals.
Key Elements in a BAP
A conservation plan for Albemarle County should include the following elements:
Scientific Basis
The most successful biodiversity plans are those that are solidly based in scientific
understanding. Although much research has been done on many species of vertebrates
(especially birds and mammals), there is still much to learn about properly managing or
restoring plants, and a host of other animal species and their communities.
Objective: Improve the scientific basis of ecological sustainability, restoration, and
management of critical communities and species.
Strategies:
1) Undertake research with partner organizations to address specific local management
issues regarding biodiversity. Partner academic institutions could include the
University of Virginia, Virginia Tech, University of Mary Washington, and Piedmont
Virginia Community College. Potential partners among nonacademic NGOs include
StreamWatch and Advocates for a Sustainable Albemarle Population.
2) Solicit funds from local government, NGOs, and scientific funding organizations to
support studies of 1-3 years duration that support research needs of the BAP.
Mappin2 and Prioritization
Using criteria for prioritizing key ecological features (e.g., Citizens for Albemarle, 2001), the
charge is to map and prioritize key ecological features that include unusual or rare biota or
communities, areas of importance for ecosystem services, sensitive areas (wetlands,
tributaries, steep terrain), large forested blocks, etc. Mapping of key features (such as the ten
feature types identified by the Biodiversity Work Group) is a first step in this process and the
NHC has made progress in that area. In addition, current land cover-land use maps are needed
to provide current information before further analysis can be conducted. GIS expertise is
critical to both map key elements and conduct spatial analyses to evaluate threats and
conditions in the region. Change detection using GIS layers is necessary to determine trends
in major landscape features over 5-10 year periods.
Good collaborative possibilities exist regarding identification of needed conservation lands.
The Virginia Natural Heritage Program Green Infrastructure Project has identified biological
core areas throughout the state using their GIS analyses and their records on rare species
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occurrences. They also have identified possible locations for movement corridors. Project
staff has encouraged use of their analyses by Albemarle County. These data already are in use
in the Green Infrastructure project of the Thomas Jefferson Planning District Commission.
Objective: Identify and locate critical natural resource features, and assign conservation
priorities.
Strategies:
I) Develop a map of landscape areas in Albemarle County necessary to sustain and
conserve biodiversity.
2) Seek cooperation in conservation planning with TJPDC Green Infrastructure Project.
3) Support research with partners that would assist in developing or refining algorithms
for selecting and prioritizing important conservation areas.
4) Provide at least 0.5 FIE in the Community Development Department to maintain and
update the biodiversity database and to conduct spatial analysis in consultation with
NHC.
Plan Coordination
The Virginia Natural Heritage Division Green Infrastructure Program, Albemarle County
ACE program and the County Department of Parks and Recreation, The Nature Conservancy
Central Piedmont program, Thomas Jefferson Soil and Water Conservation District, and
Thomas Jefferson Planning District are some of the programs where close interaction with the
NHC could benefit many of the goals of both the NHC and the partner organization.
Objective: Coordinate and collaborate with other organizations in the County and Region 10
successfully implement the Biodiversity Action Plan.
Strategies:
I) Facilitate informal meetings and public forums with selected groups to plan and
coordinate efforts of mutual interest.
2) Provide technical services and help draft management plans that serve the overall
mission of protecting biodiversity.
3) Sponsor workshops and public meetings, and help develop any new approaches to the
easement or TDR programs.
Education
Much of the concern among the environmental organizations and citizenry is based on the
lack of information in the news media on the relationships between biodiversity, the
ecosystem services that rely on diversity, quality of life, and long-term sustainability.
Expansion of the web site, additional public activities beyond Earth Week, sponsoring
landowner workshops, and columns in local news media are some of the means to achieving
better natural resource protection.
Objective: Educate the public on biodiversity and its value to the community, and on
effective conservation.
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Strategies:
I) Expand and support the NHC web site.
2) Sponsor or participate in outreach activities (workshops, the Rivanna Days event,
Downtown Mall exhibits, news media and advertising) and help provide resources,
materials and planning.
Monitoring
An essential component of a natural resource program is to determine the status and trends of
key resources of interest. This may involve simple, volunteer-based efforts, using current
programs such as StreamWatch, more intensive contracts with partners, as well as large-scale
remote sensing assessments (e.g. Forest Inventory Analysis by the US Forest Service).
Nonetheless, an inherent component in any resource plan is a periodic status assessment at
intervals ranging from annual to lO-year. There is at present no large-scale program in the
County directed at natural resources besides StreamWatch. Setting up any additional
monitoring requires careful design and implementation. There are potentially a large number
of volunteers who could be recruited to assist, through the Master Naturalist and Master
Gardeners programs.
Objective: Effectively monitor the status and trends of key resources of interest.
Strategies:
I) Evaluate the geographic scope and extent of all programs in the County and region
that attempt to monitor plant and/or animal populations or communities.
2) Convene a workshop at Ivy Creek to brainstorm the possibilities for setting up one or
more prototype monitoring programs that can be useful in assessing terrestrial
resources.
3) Meet with organizers of Master Naturalist and Master Gardener programs to
determine the resources available and capabilities of the volunteer network in the
County.
Management Planning of Natural Resources
One of the challenges facing biodiversity conservation today is that landowners who support
biodiversity conservation may have little understanding of how to manage their properties to
support conservation goals. Conservation easements aimed at natural resource protection
should establish some plan for uses of property that support conservation goals. However,
even on eased properties there is no certainty that landowners will understand management
needs. A strong need exists for educating County landowners on management of properties to
promote biodiversity conservation. The management consists of a wide range of issues:
controlling invasive species, using Best Management Practices, establishing stream buffers,
and, on publicly owned lands, using effective law enforcement to prevent vandalism and
illegal activities.
Objective: Support land management techniques that conserve biodiversity.
16
Strategies:
1) Work with the local, regional, and state (e.g. V A Cooperative Extension service) to
organize forums and workshops aimed at habitat management to enhance
biodiversity.
2) Initiate a program of certification to reward conscientious landowners for showing
initiatives in conserving biodiversity. Such certificates could be presented in a public
forum and the recipients announced in local news media.
Implementation
Various mechanisms for protection of biological resources exist. Perpetual easements are
often favored because they provide lasting protection to resources on a property when the
easement incorporates a sound conservation plan. Easements can be combined with purchase
and transfer of development rights programs.
Objective: Protect identified critical natural resource features
1) Recognize the map oflands critical to biodiversity conservation and the need to
protect areas identified in County comprehensive plan. Initially, focus on areas
identified in the Biodiversity Work Group report, Albemarle Natural Heritage
Committee and Virginia Natural Heritage Green Infrastructure Project proposals.
2) Expand the conservation easement acquisition program to protect lands recognized as
critical to biodiversity conservation.
3) Explore local applicability of additional protection mechanisms.
4) Provide at least .25 FIE for a planner to work with easement holders and members of
the public interested in establishing easements or other protection measures for
biological resources in high priority biodiversity conservation areas identified by the
NHC.
Restoration
A great deal of Albemarle County lands have been degraded since the 1800s due to farming
impacts, and most recently, suburban and urban sprawl. Some areas recognized on the map of
places important to biodiversity conservation may benefit from restoration activities.
Especially on County lands acquired by Parks and Recreation, opportunities to restore are
available. The NHC could play an important role in assisting and advising in this capacity in
areas where streams have been degraded, in former agricultural areas, former industrial sites,
poorly managed forest lands, etc.
Objective: Restore degraded habitats.
Strategies:
I) Identify areas needing restoration and help develop management plans for newly
acquired conservation areas for the County. Similar work should be conducted with
other environmental organizations to help identify methods and areas for restoration.
2) Establish web-based and other (printed) materials that provide guidelines on proper
restoration techniques for forests, fields, stream corridors and wetlands that would be
useful to landowners.
17
References:
Albemarle County Biodiversity Work Group. 2004. Albemarle County Biodiversity. A Report
on its History, Current Conditions and Threats, with Strategies for Future Protection.
Charlottesville, Virginia.
Citizens for Albemarle. 2001. Principles, Criteria and Guidelinesfor Ecologically Valuable
Areas: Identification and Selection. Charlottesville, Virginia.
18
Appendix B: Draft Letter to Landowners
<date>
<landownecname>
<landownecaddress>
Dear <landownecname>:
Albemarle County recently recognized six areas of the County that are particularly
rich in native biological resources. The recognition of these areas is part of a County
effort to preserve our open spaces and the natural resources they contain. We
encourage landowners in these six areas to manage their properties in ways that
promote biological resource conservation. In addition, we urge landowners to
consider placing their properties in conservation easements.
Our real estate records indicate that you are an owner of a parcel (parcel_identifier) in
the <conservation_area_name>, one of the areas recognized for its biological
resources. We hope you will support the County's efforts to protect natural resources.
An enclosed pamphlet provides information on County biological resource protection
goals and sources of information. If you like, visit the web site
www.albemarle.org/naturalheritage or contact Scott Clark in the Department of
Community Development ( sclark@albemarle.org or 296-5832, ext. 3325 ).
Information on management of parcels to protect biodiversity is available at
<conservation_managemenc web_link>
Sincerely,
< name of BoS chair>
Chairman
Albemarle County Board of Supervisors
Encl.
19
. the Jm1rney Through Hallowed Ground
Presentation to the
Albemarle Board of Supervisors
Update on the business plan and intentions
of the Journey Through Hallowed
Ground Partnership
Since May 4, 2005 Briefing
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. l
. The Journey Through Hallowed Ground
The Journey Through
Hallowed Ground
Partnership
From Gettysburg, P A
To Monticello, VA
Along The Old Carolina Road
175 Miles long
And a 4 State Partnership to
hare.. .
Where America Happened
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, The Journey Through Hallowed Ground
Where America Happened
The Largest Collection of Civil
War Battlefields in the Country:
Gettysburg, Monocacy, Antietam,
Sharpsburg, Harpers Ferry,
Balls Bluff, Cedar Mountain,
Chancellorville, Brandy Station,
Manassas
In addition to :
The French and Indian War
The Revolutionary War
The War of 1812
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. The Journey Through Hallowed Ground
................................ .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Where life happens every day of the week... as
Communities celebrate their unique Character
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>
. The J0urney Through Hallowed Ground
Gettysburg, Emmitsburg, Frederick,
Thurmont, Leesburg, Middleburg,
Purcellville, Hamilton, Warren ton,
Culpeper, Charlottesville, Orange,
Gordonsville, Charlottesville...
13 National Park Units &
State Parks" ~;"~ '.
Appalachia Tr!lil, Fur~ace Mountain, C.atoctiri'
Mountain.Park,'Getty'sburg, Shenandoah
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. The J0urney Through Hallowed Ground
Intrinsic Resources
One of the Country's Largest
concentrations of Rural Historic
Districts ....
Intrinsic Resources
Vineyards & working farms
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.
. The Journey Through Hallowed Ground
Economic Resources
Tourism is the Largest
Industry in the Corridor.
Numerous Scenic Landscapes
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.
. The JE>urney Through Hallowed Ground
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.
. The JGurney Through Hallowed Ground
Outcomes for 2008
National A Wq~~1;1eSS Campaign ..
"" . ~,r;f~~~~:j.::.
Educational Outreach ~Progranis
x~
:~n
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. The J0urney Through Hallowed Ground
Who's Involved - A Sampling List of State Leaders
Pennsylvania
G R d II -Governor Warner
- overnor en e
. 'i ".' . ,j " - Senator Warner
-SenatorCaslW . .. S All "'i'.'~~
o - enator. en,:
-Senator Specter ,'" ""'-'" ::." ,-,
, ,.-Senator Webb~;;;;,
-Congressman Platts C . '),J'B' . h
- ongressman ouc er' . ,
,~Congresswoman Schwartz C C .
Maryland in: - ongressman antor.
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The JTHG Board of Trustees
Chair Arthur Arundel, Chairman Arcom
Peter Brink, Sr. Vice President NTHP
Kevin Fry, President Scenic America
John Fieseler, Frederick County MD
Gilbert Grosvenor, Chairman: National
Geographic Society
Bill Kough, Vice President Adams County
National Bank
Cheryl Kilday, President: Loudoun Convention
and Visitors Association
Kathleen Kilpatrick, V A
Chris Miller, President: Piedmont Environmental
Council
Don Pongrace, Partner: Akin Gump
David Williams, Esq.
Melissa Young, VP Thomas Jefferson Foundation
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. The J0urney Through Hallowed. Ground
The JTHG Board of Advisors
Board of Advisors
Bill Backer
Bessie Carter
Susan Eisenhower
Dan Jordan
Cornelia Flagg Keller
Nick & Mary Lynn Kotz
Dr. John Latschar
Jacqueline Mars
Ron Maxwell
Ed McMahon
Richard Moe
Kristin Pauley
Frederick Prince
The Leadership Council
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. The JGurney Through Hallowed Ground
National Parks Superintendents Committee
National Park Service Summit
13 National Park Service
Superintendents
Support collaboratively plan fo
the 150th Anniversary of the
Civil War
To increase visitation to all
National Parks
· CreatingLesson Plans, Teacher Training Programs
· 150th Civil War Programs to broaden the Perspective
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. The JGurney Through Hallowed Ground
African American Heritage Standing Committee
Summit: November 15, 2007
Frederick, MD
JTHG has been awarded our SECOND
VFH matching Grant for African
American Heritage Interpretation
- Requires Matching Funds
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. The JGurney Through Hallowed Ground
Main Street Standing Committee
15 Communities
who are
choosing to
work together
to sustain the
Cultural fabric
of their
communities.
Outcomes for 2008
1. National Awareness Campaign
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.The Journey Through Hallowed Ground
Awareness --
Heritage Tourism
Cooperative efforts
to create --
100,000 Visitor
Center Maps
Visitor Brochures
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d~/tl'l 81h P-..,,", ,
TO WHE~J./~-\MERI~:-\ JTH<iO~~~t.
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V oice of America TV
PBS Special Program
National Public Radio
Editorials from Vermont
to Fredericksburg
Outreach and Education
NTHP/JTHG Community &
Countryside Workshops
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.The Journey Through Hallowed Ground
The JTHG Guidebook: Sold over 3,000 copies
Hallowed Ground: Sold over 9,000 copies
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.The Journey Through Hallowed Ground
National Geographic
Society's
Journey Through
Hallowed Ground
The Birthplace of
the American Ideal
Foreword b Geraldine Brooks
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.The Journey Through Hallowed Ground
The Birthplace of
the American
Ideal
Sharing the
Contributions and
the stories of all
cultures
September 16th National Geo LIVE'
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. The JGurney Through Hallowed Ground
National Research
In preparation of the
150th Anniversary of
The Civil War
Which of the following words and phrases (if any) describe
The Journey Through Hallowed Ground? (Please select all
that apply)
Survey Question 26: Base = 600 completed surveys.
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.The Journey Through Hallowed Ground
Considering what you currently know about The Journey Through Hallowed
Ground, please use a five-point scale where 1 equals "Strongly Disagree" and
5 equals "Strongly Agree" to evaluate the following statements.
Percent of respondents selecting "4" or "5"
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.The Journey Through Hallowed Ground
Anniversaries
2008: 250th Birthday of James Monroe
2009: 150th Anniversary of John Brown's Raid on
Harpers Ferry
2011-2015: 150th Anniversary of the Civil War
2012: 200th Anniversary of the War of 1812
National Geographic Book
Signings: Gettysburg to Charlottesville VA
August 23rd
raffiti House
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.The Journey Through Hallowed Ground
National Geographic Book SigniD!!s and Lectures
Prince Michel Vineyard
May 17, 2008
June 6, 2008
June 17. 2008
June 26,2008
June 22, 2008
July 26, 2008
August 23, 2008
Purcellville Centennial Celebration
Warrenton First Friday, Uberty Museum
Treasury Executive Institute
Gettysburg Festival, The Spot Bookstore
lecture Grace Episcopal Church
Graffiti House
2008: 250th Birthday of James Monroe
2009: 150th Anniversary of John Brown's Raid on
Harpers Ferry
2011: 150th Anniversary of the Civil War
2012: 200th Anniversary of the War of 1812
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.The Journey Through Hallowed Ground
BrandedJTHG Tours
To Increase Continuing
Learning:
Osher Institute Tour
The COMING STORM
Photographic Safaris with Ken
Garrett
Executive Leadership Training
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.The Journey Through Hallowed Ground
Innovative Digital Medi
G and Discovery/Ant nna
ANTE N NIAluDIO t.i)
Audio and
Visual GPS
Travel Guide
programs
Garmin
.Annllal Meetin
!\1ontpebll~ ;,." ;~i",< ,?;i L J:)ar~~i~~~u.!lt,~gh'Key Note Address
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.The Journey Through Hallowed Ground
"God bless you for what you are
doing with this marvelous
achievement. This is a Big Idea!
This is an example for the country
and it can change the way we
are teaching our children; to right
a situation that needs correcting
as soon as possible.
The JTHG is one of the greatest
schools, one of the greatest
seminars, one of the greatest
graduate schools of American
history anywhere in the country."
David McCullough May 1,2008
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.The Journey Through Hallowed Ground
:._~"he Exfreme~J~THGM,SJl"mm~,r;Camp
Your Mission
You have been recruited
because of your superior
skills, you have been
drafted for a leadership
quest and the mission is
complex, but we know
you can do it!
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:rhe Journey Through Hallowed Ground
f'ahe,Ext(eme:JTHG ~~1!~p1er!Camp
. ~ .'
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.The Journey Through Hallowed Ground
540.882.4929
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;rhe Journey Through Hallowed Ground
Education: T~!lchers take the Journey
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The teachers
experience the
Journey and
develop lesson
plans to make it
easier for other
teachers to
share the
Lessons in
leadership with
their Students
Educational Pro tams
VA Tech and UV A Graduate Courses on the JTHG
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,
:rhe Journey Through Hallowed Ground
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Created an Educational
Tab
Lesson Plans
Field trips
Outcomes for 2008
1. ational Awareness Campaign
t 2.~ucational Outreach Programs
3. Obtain National Heritage Area Designation
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;rhe Journey Through Hallowed Ground
>" NationalHe~.!~~>s~~~~!~a.
1.;-;," ,: ."''(~~:~~':''-.~f' '~~; :~
· Jan. 5, 2007: Legislation introduced in the
House by Congressman f, with Congress
members, Cantor, , Davis, Davis, Scott,
Platts, Capito, Po ong others.
· J an 12, 7: ation introduced in the
Senat Warner, with Senators
Webb, ikulski, Rockefeller Specter
and Case
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;.:
"~~N ational Herita
· October 23, 2007: The House Bill was passed
~elebrating America's age Act (H.R.
1483), including The JT ational Heritage Area
· 37 passed the Senate with
· April 29, . S. 2937 passed the House with a
vote of 291 0 117
.
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~
;rhe Journey Through Hallowed Ground
What does the JTHG National Heritage
Area mean to us?
The Legislation authorizes up to $lm/yr
Matching funds for 15 years $1- to -$1
- Heritage
- Education
-Tourism
- Awareness
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. .
;rhe Journey Through Hallowed Ground
Next Ste~
We will create a Management Plan, .
building upon the JTHGP business plan
to include the vision and needs of each
community.
Based upon the recommendations of
each of the Standing Committees
Secure Funding from Congress
Outcomes for 2008
ational Awareness Campaign
2~ucational Outreach Programs
. 3~tain National Heritage Area Designation
Now, complete and execute Plan
National Scenic Byway Status
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.
;The Journey Through Hallowed Ground
540.882.4929
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The ipso facto outer beltway. . . Yet it
could be otherwise,
.
If we work
together now,
We can Plan
for growth
and create a
Journey,
WHILE
preservIng
our Cultural
fabric and
celebrating
our
unparalleled
heritage.
.
The Journey Through Hallowed Ground
Corridor
Management Plan
-March 6th: Issued an RFP
- Selected Lardner Klein
-26 Community Meetings
and CMP Advisory
Committee meetings
May 17, 2007
Rt. 15 in VA
was designated
State Scenic
Byway
NEED
assistance
in P A to
designate
Rt 15
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~ .
The Journey Through Hallowed Ground
eor~ridor ,Mana ementPlan
Sept 10, 2007 Community Input Session
"~~' Coiridop- !Mana ementPlan
Advisory Committee Meeting
:;;1- j" .,~
~~
Middleburg, VA
'.. -,
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~ ~
.The Jo.urney Through Hallowed Ground
?? C'orridot: Mana ement Plan
26 Community Input Sessions
C"orridop ,Mana ement Plan
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~ ..
Jhe Journey Through Hallowed Ground
Corridor Mana ementPlan
May 20, 2008 Community Input Session Culpeper, VA
," "0 Corridor Mana ement Plan
ay 21, 2008 Community Input Session Prince William County, VA
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" .
Jhe Journey Through Hallowed Ground
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. ...
The Jo.urney Through Hallowed Ground
· Partner Governing Bodies will review final
CMP and be asked to pass Resolutions in
Support
· Our application will be complete and submitted
on Schedule
· Designation will be determined by FHW A
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
ational Awareness Campaign
2~ucational Outreach Programs
3.~tain National Heritage Area Designation
National Scenic Byway Status
Create a Socially Responsible REIT
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. ..
The Journey Through Hallowed Ground
Three Overarching Themes Describe this Region...
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.. .
Jhe Jo.urney Through Hallowed Ground
540.882.4929
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L. Preston Bryant, Jr.
Secretary of Natural Resources
Joseph H. Maroon
Director
COMMONWEALTH of VIRGINIA
DEPARTMENT OF CONSERVATION AND RECREATION
203 Governor Street, Suite 302
Richmond, Virginia 23219-2010
(804) 786-6\24 Fax: (804) 786-614\
RECEIVED
SEP f) 3 2008
County of Albemarle
County Executive's Office
August 27,2008
Mr. David S. Ekern P.E., Commissioner
Virginia Department of Transportation
1401 East Broad Street
Richmond, Virginia 23219
Subject: Virginia Byway Designation for Roads and Road Segments in Albemarle County and
the City of Charlottesville
Dear Commissioner Ekern:
At the request of The Journey Through Hallowed Ground Partnership, routes in
Albemarle County and the City of Charlottesville were evaluated for eligibility to be included in
the Virginia Byway System. This is part of the continuing effort to get National Scenic Byway
designation for the entire Journey Through Hallowed Ground corridor in Virginia. A review
team composed of personnel from this Department (DCR) and the Virginia Department of
Transportation (VDOT) reviewed the roads and determined that those listed below meet the
adopted criteria for inclusion in the Virginia Byway System.
As recommend by VDOT, due to the short time frame necessary for having the road
corridors designated before applying for national designation, DCR recommends designation
contingent upon receipt of resolutions of support from each locality. The Albemarle County
Boards of Supervisors and the Charlottesville City Council will need to pass resolutions
endorsing the designation of the roads prior to adding these roads to the Virginia Byway System.
The route segments, as identified on the attached map, meet the criteria for Virginia
Byways. It is anticipated that Albemarle County Board of Supervisors and the City of
Charlottesville Council will pass resolutions endorsing the designation. Therefore, under the
provisions of Section 33.1-62 of the Code a/Virginia, I recommend that you present the roads
described below in Albemarle County and the City of Charlottesville to the Commonwealth
Transportation Board for consideration as candidates for addition to the Virginia Byway System,
upon receipt of the necessary resolutions.
· Route 729 (Milton Road) - from the intersection with Routes 22 and 250 to the
intersection with Route 53
State Parks. Soil and Water Comervation . Natural Heritage. Outdoor Recreation Planning
Chesapeake Bay Local Assistance. Dam Safety and Floodplain Management. Land Conservation
Mr. David S. Ekern P.E., Commissioner
August 27,2008
Page Two
. Route 53 - From the Fluvanna County Line to the intersection with Route 20
. Route 20 - from the intersection with Route 250 east of Charlottesville through the City
of Charlottesville to the intersection of Interstate 64 south of Charlottesville
Please contact us if additional information is needed regarding this proposed designation.
Sincerely,
Joseph H. Maroon, Director
Department of Conservation and Recreation
Attachment
cc: The Honorable Dave Norris, Mayor of Charlottesville
The Honorable Lindsay G. Dorrier, Jr., Scottsville District,
Albemarle County Board of Supervisors
.Robert W. Tucker, Albemarle County Executive
Gary O'Connell, Charlottesville City Manager
Allan Sumpter, VDOT Charlottesville Residency
H. Wade Chenault, VDOT Local Assistance Division
Pamela Liston, VDOT Local Assistance Division
Erica Jeter, VDOT Local Assistance Division
John Davy, DCR, Division Director, Planning and Recreation Resources
Robert Munson, DCR, Planning Bureau Manager
Lynn M. Crump, ASLA, DCR, Environmental Programs Planner
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Claudius Crozet Park
. Established in 1957
. Community Owned (Claudius Crozet Park, Inc)
. Volunteer Board of Directors
. Non-profit (501-( c)-3)
. Serving the recreational needs of Crozet
. Long-standing partnership with Albemarle County
Parks and Recreation
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Claudius Crozet Park Pool
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. 8-lane 25 meter pool
. Handicap accessible zero-depth entry
. Only pool in Albemarle County that is
open to the public
. Financial assistance provided through
Albemarle County Social Services
. Construction was partially funded by
Albemarle County in 1996
Crozet Park Pool
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Swim Meets
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Learning to Swim
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Existing Aquatic Programs
. Recreational Swimming
. Competitive Swimming
. Lap Swimming
. Water aerobics
. Swim lessons
. Pool rentals
3
.
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Recreational Swimming
~ Additional Programs in Planning
. Year-round recreational swimming
. Year-round lap swimming and aerobics
. After-school aquatics programs
. Western Albemarle H.S. Swim Team
. YMCA Swim Team
. Aquatic Therapy
. Verbal commitment from Piedmont Family
YMCA to operate a satellite branch facility
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2008 Crozet Gator Swim Team
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5
1
2
3
Cuttunll arts/community center
Community organic vegetable garden
Dancing actiVities (appeared twice)
AthletIC fields
Charter school/Private Schoot
Community ~rket
Satellite school
Movie theatre/coffee house
Venue for musIc
Outdoor entertainment
Incluaive/diverse use
Solar/geothermell green
Recycling center
Classroom space
UVA scientjfic center
Thrift slore
T_n center
Multi-use revenue producer
Meeting room for _niora
Sport5 fIeld; oriented for teens
PoliCe _1.lIite off.ce
Solar generation park
YMCA branch/aports use
Classrooms for PVCC, Jill, & CATEC
Children's actiVIties
Key
Number of dots placed on idea
Dots placed on simillllr idea on list
40
PriOrity Indicated by number of dot.. placed by citizen participanta
'0
60
70
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Notes:
1, Each participant received 20 dots to place adjacent to ideas they considered to be high priorities.
2. Ideas receiving les. than 5 dots do not appear on this chart, but are listed in the Appendix
4
.
Results from the Satellite Location - June 20th, 2008
Number of check marks received
Top Ideas from Visitors 30 40
library 32
Multi.use cultural center 22
Community center 11
Senior activity center 10
Teen center 8
Art center 6
Center for children and adults 5
New public elementary school 5
Boys and girls club 3
Sports fields 3
Museum with local history 3
Daycare 3
Public school (5-6 grades) 2
Computer center 2
Tech school 2
Key
Number of check marks ~
Similar idea on list
Notes:
1. Check marks indicate number of others who agreed with this idea.
2. Ideas receiving less than 2 marks do not appear on this chart. but are listed in the Appendix
TabI~l
R_Conceptl Rankt-dfroru CiliunJnrur. Worbbop- June2ht. 2008 - Old CJQur School Reuw Study. Allwmarie County. Virginil
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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Old Crozet School Reuse Study
AGENDA DATE:
September 3, 2008
SUBJECT/PROPOSAUREQUEST:
To present to the Board of Supervisors the results of
a community workshop study to receive input from
the Crozet community identifying their preferred
future use of the Old Crozet School
ACTION: X
INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
LEGAL REVIEW: Yes
REVIEWED BY:
r
STAFF CONTACT(S):
Messrs. Tucker, Foley, Kamptner, Shad man and
Ms. Catlin
ATTACHMENTS: Yes
BACKGROUND:
The Old Crozet School (the "School") was built in 1924 and was used as a public school until 1990. From 1991
through 2007 the Charlottesville Waldorf Schoo/leased the facility. In 1997 an adaptive reuse study was conducted by
UVA engineering graduate students. A recent review of that study revealed that the information was outdated and
lacked citizen input. More recently, during the process of selecting a site for the new Crozet library, several sites were
considered, including the School, and much discussion was generated between County staff and the Crozet
community. When the School was not selected for the new library, members of the community expressed their desire
for staff to consider it for other potential uses. Many members of the Crozet community feel that the School has a
genuine connection to the history of the community and that the County has an obligation to examine the feasibility of
other potential uses for the School as part of the overall Crozet revitalization effort. A staff committee was formed with
individuals from the County Executive Office, Community Development and General Services to plan a process to
engage the citizens of the Crozet community to receive their input on how the School should be used.
STRATEGIC PLAN:
Goal 4: Effectively Manage the County's Growth and Development.
Master Planning Directional Statement: "Adapts and reuses sites rather than abandoning them."
DISCUSSION:
The County hired PMA Architects and Planners, Inc. to conduct an open community workshop, to take the information
gathered, and to summarize it into an unbiased, readable report to be presented to the Board. The Study was not
meant to be an all inclusive, comprehensive study considering all potential uses, but the results of discussion between
Crozet community members and County staff regarding their ideas for potential future uses of the School. A two and
one-half day work session was held at Western Albemarle High School with PMA and County staff facilitating lively
and interactive discussions with community members. Opportunities for public engagement were also set up through
email and the County website, and the Committee staffed an off-site table at a local grocery. Approximately 86
citizens attended the workshop and approximately 200 additional comments were received and included. The
attached report (Attachment A) sets forth the results of the workshop. A cost estimate of the most highly favored use
is included in the report. Jeffery Stodghill of PMA and his staff will present an overview of the process and answer
questions.
Following is a summary of the consultant's recommendations arising from the community workshop:
o Proceed with the community center concept (various options of which are detailed in the attached study
report), which is the preferred and recommended use by the community;
o Conduct further study to explore possible community center uses;
o Proceed with a study that would define the building and site environment conditions and engage the
community to identify specific community center programs, including staffing and budget requirements.
BUDGET IMPACT:
A project definition study would be the next appropriate step if the Board wishes to pursue the possibility of converting
the School to a community center. This study would refine the program elements of the community center concept
AGENDA TITLE: Old Crozet School Reuse Study
September 3,2008
Page 2
and provide a more in depth environmental investigation. It is estimate that a study of this kind would cost
approximately $150,000, depending on the specifics of the study.
RECOMMENDATIONS:
Staff recommends that the Board acknowledge the preferences of the Crozet community as reflected in the final
consultant report and forward the study on for further staff analysis through the CIP process. This analysis will include
consideration of the community center concept in light of the needs identified in the Crozet Master Plan and the
Community Facilities Section of the County's Comprehensive Plan. This additional analysis is part of the normal
process for considering the establishment of new facilities and may provide further guidance on potential uses for a
community center.
ATTACHMENTS
PMA Study Report
Public Participation Summary
Albemarle County Government
Crozet Old School Reuse Study
Summary of Public Participation Activities
Quick Facts:
Crozet Old School
Community Workshop
-Number of workshop
attendees: 86
-Number of unique ideas gen-
erated from workshop: 61
-Number of citizens engaged
at local Great Valu store
(formerly IGA): 197+
-Number of unique ideas from
Great Valu effort: 63
-Number of comments re-
ceived through the County
website: 27
-Number of flyers distributed:
800+
-Number of notices mailed to
Crozet citizens: 2078
-Number of Amail notices sent
to Crozet emaillist: 1174
October/N ovember
2007 - RFP Phase
A Citizen/County staff com-
mittee was formed to select
a consultant to conduct the
Crozet Old School Reuse
study, following the
County's RFP process.
The committee reviewed
and scored proposals sub-
mitted in response to the
County's RFP, interviewed
finalists, and selected PMA
Planners + Architects to
conduct the study /lead the
community input process.
Meeting Dates: 10/9/07,
10/24/07, 11/13/07 to com-
plete the RFP Phase of the
study.
August 2008
Study Phase of the Project
Community Workshop Overview
April 2008
Mter the contract with
PMA was completed, the
Old School Reuse Study
Committee was reconvened
and expanded to include a
broad range of citizen and
County stakeholders with a
new charge for the study
phase of the project:
. Work with staff and con-
sultant on appropriate
ways to engage the gen-
eral Crozet community in
the Old School Reuse
Study/serve as important
link with the community
. Respond to study results,
give feedback as re-
quested
. Communicate with and
share perspectives Com-
municate with and share
perspectives from the
groups represented andJ
or reflect concerns and
issues of the community
and affected stakeholders
· Work with staff and the
consultant on providing
guidance for the final
recommendations staff
and consultant will be
making to the Board of
Supervisors
· Meeting Dates: 4/18/08
and 5/12/08 to review the
Public Participation Plan
and provide guidance on
outreach for the commu-
nity workshops to be held
6/19/-21; 8118108 to review
the draft report and provide
comments to PMA.
May-June 2008
Outreach for Community
Workshop
June 19,2008
Committee Tour of the Cro-
zet Old School
June 19-21
Albemarle County spon-
sored a community work-
shop, conducted by consult-
ants PMA Planners + Ar-
chitects, to provide
an opportunity for
the Crozet commu-
nity to identify
potential new uses
for the Old Crozet
School building
and site. Ideas
were also submit-
ted through the
County's website.
June 20, 10:00 a.m.-6:00
p.m.; June 21, 9:00 a.m.-
3:00 p.m.: Citizens had the
opportunity to drop in and
discuss their ideas with
PMA in a less formal set-
ting. During this time,
PMA architects were also
working on conceptual
drawings representing how
citizen ideas and priorities
might fit together in the
building/on the site.
June 19, 7:00-9:00 p.m.
kickoff: PMA gave a brief
overview of the project,
along with examples of
successful school re-use
projects in other communi-
ties around Virginia. Citi-
zens then worked in small
groups to brainstorm re-
use ideas specific to the
Crozet Old SchooL As
the small groups shared
their ideas with the larger
group, PMA listed the
ideas on large sheets of
paper and posted them on
the walls around the room.
Mter the unique ideas
were shared, recorded and
posted, citizens used dots
to indicate their favorites.
June 20,10:00 a.m.-5:00
p.m.: Members of the Old
School Reuse Study Com-
mittee solicited ideas from
citizens shopping at the
local Great Valu (formerly
IGA).
June 21,3:00-3:30 p.m.:
PMA conducted the final
workshop activity, present-
ing conceptual drawings of
community ideas/priorities
back to the community.
Citizens used dots to select
their favorite concepts.
June 25: Community
input from workshop
posted on County website:
www.albemarle.orgl
old school
CROZET OLD SCHOOL REUSE STUDY
PAGE 2
Summary of Outreach Activities
. Developed Flyer (over 800 dis- and other locations around . General Crozet project update
tribute d) Crozet and given to local or- mailed to Crozet residents, to
. Flyer posted on Crozet Post ganizations and churches include Old School Commu-
Office County bulletin board . Flyer copied by Crozet Ele- nity Workshop (2078 notices
. Flyer posted on County web- mentary and sent home with mailed)
site children in "backpack express" . Press release to local newspa-
. Flyer emailed to committee . Workshop notice included in pers, TV stations
for email distribution Henley M.S. and Crozet Ele- . Appeared in RealCrozet blog,
. Flyer emailed to Crozet Com- mentary PTO newsletters Crozet Gazette, The Daily
tnunity Advisory Council . Workshop notice posted on Progress, and on TV News
. Flyer emailed to Crozet Com- County Website: on Crozet Channels 19 & 29
munity Association president home page, Old School web . Listing in CoVille online
. Flyer copies mailed to commit- page, County main calendar events calendar
tee for local distribution . Ad for Community Workshop . Committee Table at Crozet
. Additional 250 flyers mailed in June issue of Crozet Ga- Great Valu (formerly IGA) on
to individual committee mem- zette 6/20 to invite community
ber for distribution . A-mail notice to Crozet email members to workshop and
. Flyers posted in the library list (1174 A-mails sent) gather ideas/priorities
Purpose of Outreach
To invite Crozet citizens to the
Old School Workshop 6/19-6/21
and encourage them to contribute
their ideas and priorities
Photo Gallery
~Ka::-~nl rt..~ I Jld<< fUl4t' ')C huot
I.~. ...~...
... .. :........
.....: ......
.... ' ......
I.... -'" ...
... ' ....
...
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.... . r~} ....
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...... "'~ ...
.:..... .,- ...
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To gather community ideas and
priorities for reuse of the Crozet
Old School
.. ../" t..
:>-k I...... <;,,,,,,.:1)4 ~J
.,..,.........'AIo.........lI' '-~!(t - ......
Project Contacts
Old School Information:
George Shadman . 434-296-5816
Public Participation Process:
Lee Catlin . 434-296-5841
A Publication of Albemarle County Community Relations: 434-296-5841
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The Old Crozet School Re-use Study
County of Albemarle, Virginia
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ALBEMARLE COUNTY, VIRGINIA
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OLD CROZET SCHOOL REUSE STUDY
.
Table of Contents
List of Figures & Tables
Credits and Acknowledgements
Section 1 - Executive Summary
Section 2 - Existing Building and Site
Section 3 - Gathering Citizen Ideas and Prioritizing Concepts
Section 4 - Analysis of the Preferred Concept
Appendix A - Methodology for the Workshop
Appendix B - List ofIdeas generated by the Workshop
Appendix C - Photographs of the Concepts generated in the Workshop
Appendix D - Cost Analysis of Preferred Concept
PMA PLANNERS + ARCHITECTS www.pmaincl.com
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page 1
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page 8
page 22
OLD CROZET SCHOOL REUSE STUDY
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ALBEMARLE COUNTY, VIRGINIA
List of Figures & Tables
Figure 1 - Frant Elevation drawing of the Old Crazet School, Crozet Virginia, 1964
Figure 2 - Aerial Photo of Old Crazet School Site, Source: Albemarle County GIS
Figure 3 - Existing Building Plans
Figure 4 - West Elevation of the building
Figure 5 - South Elevation of the building
Figure 6 - Photograph of Citizen Workshop,June 19th,
Figure 7 - Open House Work Session, Citizen Review of the Concepts
Figure 8 - Community Center Concept
Figure 9 - Farmer's Market & Gardens Concept
Figure 10 -Athletic Fields & County Offices
Figure 11 - Private School Concept
Figure 12 - Cultural Art Center Concept
Figure 13 - Teen Center & Skate Park Concept
Figure 14 - Housing Concept
Table 1- Results from the Ideas Workshop - June 19th, 2008
Table 2 - Results fram the Satellite Location - June 20th, 2008
Table 3 - Reuse Concepts Ranked from Citizen Input - June 21st, 2008
PM A P LANN ER S + ARC H IT ECTS www.pmaincl.com
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page 4
page 6
page 7
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page 8
page 12
page 14
page 15
page 16
page 17
page 18
page 19
page 20
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page 13a
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OLD CROZET SCHOOL REUSE STUDY ALBEMARLE COUNTY, VIRGINIA
Credits and Acknowledgements
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The County of Albemarle established the Crozet Old School Reuse Committee to assist
in engaging the general Crozet community in the Old School Reuse Study and serve as
an important link between the community and the County in identifying the
community's ideas for reusing the building and site. The committee consisted of the
following citizen members: Mr. Terry Crone, Ms. Kimberly Gibson, Ms. Nancy
Mulrine, Mr. Bill Schrader, Ms. Barbara Westbrook, Mr.Hal Noakes and Ms. Amy
Gore. The committee also included the following County staff representatives who
assisted in running the workshop session: Mr. George Shadman, Director of General
Services (Project Manager); Mr. Michael Freitas, Chief of Public Works; Ms. Britton
Miller, Community Engagement Specialist, Community Relations; Ms. Rebecca
Ragsdale, Senior Planner, Community Development; Ms. Margaret Maliszewski,
Principal Planner, Community Development; and Ms. Susan Stimart, Business
Development Facilitator, Community Development. Supervisor Ms.Ann Mallek
participated in the study by attending the committee meetings before and after the
workshop. Ms. Lee Catlin, Director of Community Relations, provided guidance in the
workshop planning and also attended the workshop session in Crozet. The workshop
was held at the Western Albemarle High School in Crozet, which was made available by
the school system.
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Special thanks and appreciation is given to the committee members who participated in
arranging the workshop, distributed flyers, encouraged attendenance and participation.
Citizens on the committee conceived of the concept of extending the workshop to the
off-site session at the Great Valu grocery store during the workshop.
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PM A P LAN N E R S + ARC HIT E C T S www.pmaincl.com
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OLD CROZET SCHOOL REUSE STUDY
ALBEMARLE COUNTY, VIRGINIA
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Section 1 - Executive Summary
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This study was performed to identifY the preferred ideas and concepts of the Crozet
community for reuse of the Old Crozet School and site. A 2-1/2 day work session and
open house was designed and hosted at the Western Albemarle High School to engage
the Crozet residents and involve them in expressing and prioritizing their ideas regarding
the school and site. Citizens wrote down their own ideas and participated in forming
lists and then expressed their priorities by placing dots on their preferred ideas. A
separate off-site location at the Great Value grocery store in Crozet was established in
order to reach residents who were too busy or unaware of the workshop at the high
school. The County also collected comments at their web site for those who preferred
that form of participation. Over 300 people participated in the workshop through one of
these forums. Based on the ideas expressed by the citizens, the consultant worked to
develop a range of plan concept alternatives which combined compatible ideas.
Residents were encouraged to "drop-in" during this portion of the workshop and
participate in the design and formulation of these concepts. By the end of the workshop,
eight concepts had been identified and illustrated. Several of these concepts are
illustrated in Figures 8 through 14. At the conclusion of the workshop, participants
were invited to place dots on their preferred re-use concepts. The results of this are
presented in Table 3 (photographs of these concept illustrations with the dots placed by
residents are included in Appendix C). Based on the placement of dots, residents
clearly expressed a preference for a community center which can provide performance
and assembly space in the old auditorium and uses in the old classrooms that can include
satellite county offices, dance classes, arts spaces, community movies, programs for
youth and the elderly, to name a few. The ovenvhelming majority of dots from
participants during the prioritization phase (53% of the dots were placed on this concept
- refer to Table 3, page 13a).
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Section 4 provides an analysis of the important planning, policy and budgetary
parameters which need to be considered in further developing the Community Center
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concept. A preliminary project estimate indicates that the cost to fully renovate the
building and site could range from 6 million dollars to 8.3 million dollars depending on
various factors and project conditions (see Appendix D for detail regarding this estimate).
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Limits of the Study - This study identifies the citizen's ideas and preferences for re-using
the Old Crozet School. It did not examine or evaluate other potential entities that may
have potential interest and ideas for the building and/or site, such as private developers,
community organizations or other entities. Evaluation of costs of construction and
additional planning work was performed with very general planning figures, based on the
currently available information about the building and site. It is recommended that the
next step should be a more specific project definition study to refine a specific list of uses
to be planned for the center, to establish the extent of the project, LEED goals and other
project parameters to fully define the specific uses and needs of the project.
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Section 2 - The Existing Building and Site
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Figure 1 - Front Elevation drawing of the Old Crozet School, Crozet, Virginia, 1964.
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The site consists of two parcels (Tax Map Parcels 56-62 & 56-61) with a total land area
of 8.8 acres. Vehicular access to the site is provided by a single entrance off of Crozet
Avenue. Pedestrian access can be enhanced by the addition of sidewalks parallel to
Crozet Avenue. There are paved parking areas and drives providing some parking
adjacent to the building but they are in a deteriorated condition and do not meet current
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1 Adaptive Reuse of the Old Crozet Elementary School, Lowenstien, Van Ciler, & Werner, 1997, Executive
Summary.
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site development standards. The site is served by public water and sewer which will help
reduce the costs of re-using and rehabilitating the facility. A ball field exists at the north-
west end of the site which appears to be in use and a deteriorated basketball court exists
on the north-east end of the site near the entrance off of Crozet Avenue. An
environmental evaluation of the site has not been performed yet.
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Figure 2 - Aerial Photo of Old Crozet School Site, Source: Albemarle County GIS website
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The property is currently zoned R2 Residential which allows 'by-right' certain residential
and other uses such as single family, cluster development of allowable residential uses,
rental residential uses, utilities (e.g. electric, gas, oil, water, sewer), accessory uses and
buildings, public uses, tourist lodging, and housing for developmentally disabled persons.2
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2 Albemarle County Code, Chapter 18, Zoning, Section 14.
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OLD CROZET SCHOOL REUSE STUDY
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The following uses are permitted by Special Use Permit; community center, clubs,
nursery facilities, mobile home subdivisions, nursing homes, convalescent homes, and
rescue stations, pools, golf, tennis or similar athletic facilities, private schools, electrical
power substations (and other above ground utility structures), day care, child orphanages,
hospitals or home occupations, churches, cemeteries, tier In personal wireless service
facilities, and historical centers, events or festivals. A 100 foot buffer from the southern
boundary of the site bordering Parrot Branch stream will be required for new uses on the
site.
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The Crozet Master Plan (CMP) designates the Old Crozet School property as Crozet
Transect (CT) 1 Edge Development Area Preserve. This CMP land use designation was
applied to all schools and parks in Crozet. Both the CT 1 and CT 2 land use
recommendations are described together in Table land Table 2 of the CMP. These areas
are intended to be predominately parks and preserved open space, with agricultural and
civic uses such as schools, usually defining the edge of the Crozet Development Area or
neighborhood edges. Limited residential uses are intended in theses areas at a density no
greater than 1 unit/20 acres. The CMP Green Infrastructure Map also designates the
Old Crozet School site as a park and recommends a proposed greenway trail along Parrot
Branch, which runs along the southern property line of the Old School site. CMP Page
6, Recommendation #14 for Downtown- Reuse Historic Crozet Elementary School. The
former school could eventually serve as an Albemarle County satellite facility for county
services, public meetings and other community uses. If north downtown is included in an
adjusted definition of the Development Area, it could be adaptively reused with some
public and private residential functions in relation to the surrounding residential
neighborhood. CMP Page 7, Crozet Priorities DESIRED-LOW, Retrofit and reuse of
old elementary school, north of downtown. The old school building consists of the
original 1924 building and a 1960's addition to the rear located between the two original
floors in a split-level configuration. The overall building area is approximately 25,000
square feet including the main level, basement level and addition. The older part of the
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OLD CROZET SCHOOL REUSE STUDY
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Main Floor Plan of Old Crazet School
1 - Classroom
2 - Library
3 - Office
4 - Kitchen
5 - Auditorium
6 - Stage
7 - Stage
R - Restroom
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Basement Plan of Old Crozet School
Figure 3 - Existing Building Plans
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building appears to have been altered and expanded to
add basement classrooms, probably in the 1930's.
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The main floor of this section is dominated by an
auditorium space that was enlarged by the 1960's
project which altered the interior. At the same time
several classrooms were added to the rear of the
building and a new stair was added to provide access
to the basement classrooms. The original 1924
building is constructed of masonry walls and wood
joist floor and roof construction. The 1960's addition
is constructed of masonry walls and metal bar joists in
a flat roof span configuration.
Based on visual examination of the building it appears
to be in a stable physical condition at present,
although its exterior is in need of maintenance and
repairs to paint, woodwork, roofing, masonry and
other elements. Building systems (e.g. electrical,
mechanical and plumbing systems) are all obsolete
and will require replacement in order to comply with
current building codes and service demands of a new
use. The roof should be evaluated to determine its
condition and identify the scope of work related to
reusing the building; however it is customary with a
building of this age to install a new roof as part of a
major renovation/rehabilitation. The Department of
General Services performed an assessment of the
building recently including an asbestos/lead paint
assessment, both of which are on file in that
department. The building is not accessible and any
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re-use scenario will require substantial alterations and new features to make it accessible
to disabled users as required by the building code and the Americans with Disabilities
Act. Previous records assembled by the Albemarle County Public Schools document
areas of the building which may have asbestos and lead paint. Prior to a renovation, the
entire building will need to be surveyed in order to determine the extent of these
materials and quantify a budget for removal of these hazardous materials. In addition,
the environmental study will need to address the possible presence of underground oil
tanks and other potential site environmental issues.
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Figure 4 - West Elevation of the building
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Figure 5 - South Elevation of the older section of the building
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OLD CROZET SCHOOL REUSE STUDY
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Section 3 - Gathering Citizen Ideas and Prioritizing Concepts
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Approximately 300 people participated in an intensive 2-1/2 day workshop to identify
ideas and concepts for re-use of the Old Crozet School and Site. The workshop was
planned, organized and managed to provide the citizens and other interested persons a
wide variety of ways to provide their thoughts and express their preferences. The
methodology for public involvement was developed through collaboration between the
Old School Reuse Study Committee, County Staff and PMA. At least 86 people
attended the workshop session at the high school location over the 2-1/2 day event. In
order to increase outreach, a satellite session was held during the first day at the Great
Valu store which allowed an additional 197 citizens to provide ideas and comments.
Others left comments on the County's website, through letters and/or email.
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Citizen Idea Workshop, June 19th - The workshop began with an opening presentation
on the evening of June 19th (7pm-9pm) which explained the objective of the project along
with an overview of examples of schools that had been re-used from other Virginia
communities. Following the opening presentation, citizens were asked to write down
their own ideas for reusing the Old School building. The next step involved citizens
working in small groups to assemble a group list of these ideas, without negotiating each
other's ideas. Working from group-to-group, the facilitator wrote down each idea on
large tablets so that the entire group could see the ideas. After all the ideas were written
down on large sheets and posted around the room, citizens were given twenty dots each
and asked to place their dots on their preferred ideas as a way of expressing their
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OLD CROZET SCHOOL REUSE STUDY
priorities. A complete list of the ideas collected is presented in Appendix B. Table 1
provides a summary of the ideas ranked highest by the participants (receiving at least 5
dots from citizens). Based on the placement of dots, there is a lot of support for reusing
the building as a community/cultural center involving a combination of activities, such as
dance activities, music, classrooms, community market, music and activities. In
addition, there was support for reusing the building as a public or private school facility.
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Table 1
Results from the Ideas Workshop - June 19th, 2008
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Citizen's Ideas
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Cultural arts/community center
Community organic vegetable garden
Dancing activities (appeared twice)
Athletic fields
Charter school/Private School
Community market
Satellite school
Movie theatre/coffee house
Venue for music
Outdoor entertainment
Inclusive/diverse use
Solar/geothermall green
Recycling center
Classroom space
UVA scientific center
Thrift store
Teen center
Multi.use revenue producer
Meeting room for seniors
Sports field: oriented for teens
Police satellite office
Solar generation park
YMCA branch/sports use
Classrooms for PVCC. JILL. & CATEC
Children's activities
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Key
Number of dots placed on idea
Dots placed on similar idea on list
Priority indicated by number of dots placed by citizen participants
72
32
21
20
20
18
17
16
15
13
13
13
12
11
11
11
10
10
10
9
7
7
6
5
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1. Each participant received 20 dots to place adjacent to ideas they considered to be high priorities.
2. Ideas receiving less than 5 dots do not appear on this chart. but are listed in the Appendix
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OLD CROZET SCHOOL REUSE STUDY
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However, given that the Albemarle County School system has indicated that the site is
not adequate to meet their current or future needs, due to insufficient land area, a reuse
scenario involving a school would probably be in the form of a private school, charter
school or church school.
ALBEMARLE COUNTY, VIRGINIA
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Outreach Session at the Great Valu Store, June 20th - Ideas were also collected during
the day on June 20th at the Great Valu grocery store (former IGA store) via a station that
was conceived of and organized by the Old School Reuse Study Committee and citizens.
At this location store visitors could talk with committee members, find out more about
the on-going workshop and add their ideas to a separate list.
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Table 2
Results from the Great Valu Location - June 20th, 2008
Top Ideas from Visitors
Library
Multi-use cultural center
Community center
Senior activity center
Teen center
Art center
Center for children and adults
New public elementary school
Boys and girls club
Sports fields
Museum with local history
Daycare
Public school (5-6 grades)
Computer center
Tech school
Key
Number of check marks
Similar idea on list
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Number of check marks received
32
22
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10
8
6
5
5
3
3
3
3
2
2
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1. Check marks indicate number of others who agreed with this idea.
2. Ideas receiving less than 2 marks do not appear on this chart. but are listed in the Appendix
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This location allowed the effort to reach a group of people who either could not attend
the event or who were not aware of it. Table 2 provides the list of ideas gathered from
the Great Valu location and an indication of the number of checkmarks that were placed
by certain ideas, indicating how many others at this location concurred with ideas on the
list Refer to Appendix B for complete list ofideas generated at the satellite location).
Also included is a letter which was received during the workshop by a citizen.
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Table 2 reveals that many citizens still feel that the Old Crozet School would be a good
place for the library. Based on this input it appears that there is still a residual reaction to
the decision to build a new library in another location which is being expressed by the
community. Review of the rest of the list gathered from the Great Valu site reflects and
ratifies the range of ideas and preferences as expressed in the ideas workshop session the
night before. These results also indicate strong support for a community and cultural
center to include I.lses for seniors, teens, the arts, a potential museum, as well as possible
school/educational uses. With the exception of the Library comments, a comparison of
the results from the Ideas Workshop (Table 1) and the Great Value Site (Table 2)
indicate a very strong consensus of ideas from the community about uses for the Old
Crozet School.
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Comments Received at the County's Web site - The following comments were received
over the internet at the county's website and were posted during the open house
workshop sessions. Many of these ideas appear on the lists from the 'Ideas Workession'
and/or the "Great Valu" satellite session and were included in evaluating conceptual
alternatives. Additional comments were received on the County's website following the
close of the workshop, which are included at the end of Appendix B.
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New name for project - exciting/more interesting than "Old
School" 6/20/2008 Web
Vo-Tech 6/20/2008 Web
Arts and crafts, woodcarving, music and writinq 6/20/2008 Web
Indoor basketball area 6/20/2008 Web
Community Garden 6/20/2008 Web
Charter school 6/20/2008 Web
Arts center: studio space, classes for children 6/20/2008 Web
Arts building like McGuffey: space for performing artists,
dance, iuqqlinq 6/20/2008 Web
Public school for 4th and 5th qraders 6/20/2008 Web
Rental space for community events 6/20/2008 Web
Senior center with library or library alone 6/20/2008 Web
Roller skating rink/summer movie theater 6/20/2008 Web
Housinq - for profit with proceeds aoina to Crozet community 6/20/2008 Web
Senior center run by JABA 6/20/2008 Web
Recreation site for youth and community 6/20/2008 Web
Historical preservation 6/20/2008 Web
Youth-oriented community center, eco-friendly with children's
qarden 6/20/2008 Web
Recreation and wellness center for adults and teens 6/20/2008 Web
Newcomer center 6/20/2008 Web
County office satellite with Head Start center 6/20/2008 Web
Adult education computer classes/computers for community
use 6/20/2008 Web
Druq free zone/safe zone 6/20/2008 Web
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ALBEMARLE COUNTY, VIRGINIA
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Open House - Design Concept Work session, June 20th and 21st - Following the ideas
work session, PMA and the County staff hosted a two-day design open house at the
Western Albemarle High School in order to continue the citizen involvement and begin
formulating design concepts around the ideas that had been expressed. During these
two days, architects and designers explored specific ideas from the list and analyzed the
list to identifY the concepts. At the conclusion of the Open House Work session, PMA
posted the concept plans on the wall and provided a brief verbal explanation of each plan.
The participants were asked to place dots on the concepts that they preferred. Each
participant was given 10 dots to place as they wished. The results of this voting process
are illustrated in the Table 3 along with illustrations of the concepts and the ideas that
each concept incorporated.
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Citizens placed 53% of their dots on the Community Center Concept. The next highest
preference was for the Farmer's Market & Gardens Concept which won 15% of the dots.
The County Office & Athletic Fields Concept, Private School and Cultural Arts Center
received 11 percent, 10 percent and 9 percent of the dots. Clearly the citizen preference
for reusing the building is for a community center with a diverse series of uses and the
preference for the site is to explore public gardens and a farmer's market. The ideas and
concepts which were produced were posted on the county's web site following the
conclusion of the workshop. It should be noted that some of the concepts could be
combined together to address a wider range of community desires. For example, the
concept of a community center could also contain a community gardens element on the
site. Development of a specific program (cohesive list of uses and requirements) for the
reuse of the building and site is needed in the next step beyond this study.
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OLD CROZET SCHOOL REUSE STUDY
ALBEMARLE COUNTY, VIRGINIA
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Community Center Concept - The Community Center concept envisions a place for the
community which is flexible for a wide variety of community needs. The former
auditorium would be renovated as a flexible space to accommodate meetings, receptions,
lectures, performances, dance performances and other public presentation uses. The
former classrooms would be renovated for use as classrooms, satellite county offices, arts
studios, dance instruction, music instruction, youth programs, adult day programs,
museum exhibits, and thrift store uses. This concept illustrates a new entrance addition
and parking lot to help unifY the entry and circulation of the proposed facility.
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ALBEMARLE COUNTY, VIRGINIA
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Farmer's Market & Gardens - There were many participants who mentioned a farmer's
market and community gardens as an objective with the site. Some offered ideas to
utilize the building in gardening and horticulture education in addition to other uses that
could be located in the building. This concept could easily be implemented on the site in
some measure and integrated with another compatible use for the building, such as the
Community Center or Cultural Arts Center.
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Figure 9 - Farmer's Market & Gardens
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County Offices and Athletic Fields - Many participants mentioned athletic fields for
soccer, football, baseball and other sports as good uses for the grounds. Discussions with
the County's Parks and Recreation staff indicated that there is enough site area to make
some of these uses work at this location. Discussions with the staff and public indicated
that in this recreational use concept the building could be used for meeting space in the
old auditorium and that classrooms could be used for satellite County offices. Figure 11
illustrates this concept.
ALBEMARLE COUNTY, VIRGINIA
OLD CROZET SCHOOL REUSE STUDY
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Figure 10 - Atheletic Fields & County Offices
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OLD CROZET SCHOOL REUSE STUDY
ALBEMARLE COUNTY, VIRGINIA
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School Concept - Based on a wide range of interest in continuing the use of the building
and site as a school site, a conceptual plan was developed to represent the reuse of the
building as a small scale private elementary school. Architects familiar with school
planning developed a concept to illustrate a new entrance to unifY the building circulation
and add a media room and a gymnasium.
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OLD CROZET SCHOOL REUSE STUDY
ALBEMARLE COUNTY, VIRGINIA
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Cultural Arts Center - The Cultural Arts Center concept is similar to the community
center concept with respect to creation of a mixed-use center which focuses on re-using
the former auditorium as a performance and presentation space, The Cultural Arts
Center would consist of arts and related uses such as dance, performance theatre
productions, music performances, and the visual arts. Former classrooms would be used
for arts instruction space and exhibit of the visual arts. Figure 10 illustrates a new entry at
the rear to unifY the circulation, as with other schemes,
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Teen Center & Skate Park - This concept explores youth and teen oriented ideas at the
site. Traditional sports such as tennis and basketball and newer sports like skateboarding
were mentioned. It was suggested that the building be used for supporting teen and
youth programs.
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Figure 13 - Teen Center & Skate Park
Recycling Center/Solar/Wind Park - As shown in Appendix C, this concept responded
to the idea of tearing the building down and making use of the land for some of the ideas
that did not rely on the historic structure. However, a recycling center is not compatible
with the land use objectives of the CMP and could be located at other more appropriate
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Housing Concept - There was some interest in reusing the building for housing,
although this concept is not supported by the Crozet Master Plan (CMP). Suggestions
for housing envisioned adapting the building to serve as multi-family housing to address
a range of housing types including workforce housing, housing for seniors, and low-
income housing. Given the objectives of open space preservations and limit on
residential density, it seems that there are many other more appropriate locations for a
multi-family housing development than this site. In addition a housing concept does
not seem to utilize the intrinsic attributes of this site and building.
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OLD CROZET SCHOOL REUSE STUDY
ALBEMARLE COUNTY, VIRGINIA
Festival Grounds - Ideas expressed concerning festival grounds could lead to a concept
where the site could become a venue for outdoor performances, an amphitheater, or other
outdoor social functions that are less formal, as shown in Appendix C. This concept
could be included with other concepts like the Community Center, Cultural Arts Center
and Farmer's Market; However, Crozet already has much larger park and festival grounds
nearby so consideration should be given to ensuring that amenities are not duplicated
here.
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ALBEMARLE COUNTY, VIRGINIA
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Section 4 - Analysis of the Preferred Concept - Community Center
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The adaptive re-use of the Old Crozet School into a community center will involve a
program of additional study and project definition in order to better define the uses that
such a facility should accommodate, the specific project, the budget framework and scope
of the rehabilitation and remedial work. This section provides a general overview of the
issues that need to be considered in order to better define this objective and prepare it for
a capital improvement project.
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Overall Condition of the Building & Site - Based on visual examination, the building
appears to be in good structural condition and stable enough to be a good candidate for
rehabilitation. A full structural evaluation is recommended to determine the remedial
work and structural enhancements that will be necessary for reuse as a community center.
It is anticipated that work will need to be done to re-point masonry, roof coverings will
need to be repaired or replaced, exterior trim will need to be rehabilitated, windows and
doors repaired or replaced with new units, Interior finishes will need to be repaired in
places and replaced in others. Electrical and plumbing systems should be completely
replaced and upgraded to meet current codes and sized for lighting, heating, cooling and
other systems that will be needed. Alterations to the building will need to be made to
make it accessible for disabled users which will involve altering restrooms, adding
handrails and may involve installing an elevator. Lead paint and asbestos have been
surveyed and the Department of General Services has this report on file. In addition, a
mold survey should be undertaken and a management plan should be established. An
environmental survey should be performed in order to identify underground fuel tanks or
the likeVhood of other hazardous site conditions. Parking lots and drive lanes will need
to be upgraded if the building is placed back into service as a community center.
Stormwater management will need to be evaluated to determine what impact this will
have on the site uses.
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OLD CROZET SCHOOL REUSE STUDY
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Historic Preservation Issues and Opportunities - Rehabilitation and adaptation of the
Old Crozet School to a community center may be eligible for Federal and State Tax
Credit programs. Because the building has been included in the National Register
Eligible Historic District and its relatively unaltered historic form, there is a strong
possibility that the building could qualifY for these tax credit programs. Combined, these
two programs could offset qualified rehabilitation costs in the range of 20% to 35% of the
costs of rehabilitating roofs, brickwork, interior finishes, heating and cooling, restoring
windows and exterior trim. Use of this program comes with several limitations and
requirements that are not normally present for typical government projects. First, if the
tax credits are used, then the County will need to identifY a corporate entity, such as a
development authority, which can use or sell the tax credits. Second, in order to qualifY
for these funds, the project must be designed in compliance with the Secretary of the
Interior's Standards for Rehabilitation and be approved by the state historic preservation
officer. Compliance with these standards will ensure that the building is properly and
respectfully rehabilitated in terms ofits historic character. It will also place some limits
and requirements on finishes, alterations and additions to the building.
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Circulation Issues - The layout of the existing building presents some significant
circulation issues that must be addressed in any re-use concept. Currently, the main
entrance of the building leads directly into the auditorium space with no provision for
circulating through the building without going through the auditorium. This condition
will not work for a re-use concept where the auditorium functions as an assembly space.
This main entrance is not accessible to disabled users either. An addition at the back of
the auditorium on the north side of the building is recommended to accomplish the
following objectives:
· Create a single drop-off entry point that is adjacent to parking
· Create a central circulation system in proximity to an elevator
· Create an accessible main entrance
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· Minimize alterations to the front and side of historic structure
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Adapting the Auditorium to Assembly Requirements - Even though the original
auditorium was designed for school assemblies and a range of uses, it will not meet
current building code requirements for an assembly space. If this space is to be re-used
for meetings, assemblies and performances of any kind, then a fire sprinkler and alarm
will be necessary. Water supply appears to be available, but the flow and pressure need to
be evaluated in order to determine if a backup supply and pump are necessary.
Additional exits can be integrated into the proposed new entrance area. It will be
important to define the types of performances, assemblies, meetings and other activities
that this space will need to accommodate. This will affect the types of lighting, heating
and cooling systems, sound systems, seating, stage and dressing facilities that will be
needed and the extent of alterations to the space that will be needed.
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Re-use of the Former Classroom Spaces - Classroom space in the original portion of the
building should be rehabilitated without extensive changes to the existing finishes, ceiling
heights, windows and doors and other historic elements if the tax credit program is used.
The classrooms in the 1960's addition may offer more flexibility in terms of altering
finishes and special arrangements. It is also important that the uses for the classrooms be
defined in order to make provisions for their lighting and environmental needs.
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Opportunities through Green Design - Green design, energy-efficient design and
LEED certification objectives need to be established early in the planning process by the
County. These techniques have the capacity to dramatically reduce energy consumption
and costs, improve the quality of interior environments and reduce the maintenance costs
of the facility, if carefully planned and implemented. Accomplishing these objectives
requires planning, life-cycle cost evaluation, higher capital investment at the construction
phase, and additional effort to document installation and performance. The County will
need to identifY their goals for green development and energy performance for this
facility.
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Site Utilities - The site appears to be well served with basic utilities of water, sewer and
electrical services. Costs for new service for each of these utilities will need to be
identified based on a more resolved program and projected demand. As previously
mentioned, the water flow and pressure needs to be tested and coordinated with the Fire
Department to determine what if any storage and pressure is required for the fire
sprinkler. Also as mentioned, the storm water management requirements will need to be
identified based on a specific parking lot design.
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Project Cost Estimate - A comprehensive estimated project budget is presented in
Appendix D. This estimate includes a project definition component, additional studies
and surveys that are needed to reduce project uncertainties, A&E fees, consultants for
cost, LEED compliance, theatre design, historic preservation and cost estimates, as well
as furniture, stage lighting, sound systems and other details associated with similar
projects. Based on this analysis a total project budget for the project is estimated to range
from $6,000,000 to $8,350,000 in 2008 dollars.
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Recommended Next Steps
A. Prepare a Project Definition Study - This step would involve refinement of the
program elements of the community center concept. It should be conducted to
better define the actual uses that are needed, desired by the community and which
are preferred. This study should determine the specific requirements of the
auditorium space, classroom spaces, site uses and the range of users that will use
the site and facility. Project objectives such as green design, LEED certification,
energy efficiency, historic preservation need to be defined early in order to
properly design and plan the project. Such a study should prepare a schematic
building plan and exterior design as well as provide a schematic site plan. This
study should also include evaluation of site issues, a structural evaluation and
address other unknown areas of the project. It should also prepare a more
detailed opinion of probable costs.
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B. Examine the Tax Credit Potential- The County should further examine the
potential for federal and state tax credit programs to assist in the funding of
rehabilitation work. Such an approach should start with confirming the eligibility
of the building for these programs. Also, the County should evaluate and assess
the complexities and costlbenefit trade-offs for utilizing this approach.
C. Consider Incremental Improvements - The County may consider incremental
improvements to the building in a phased approach in order to address issues on a
prioritized basis and/or spread the capital costs out over a longer period. Roof
replacement, trim rehabilitation, restoration of windows and doors, etc. could be
broken down into smaller projects and performed sooner in order to prevent
additional deterioration in the building. It was also suggested that emphasis on
getting the auditorium useable as soon as possible would be another incremental
approach.
D. Continue Community Involvement - Continued community involvement will be
needed to effectively refine the program of uses and identifY a vital and sustainable
mix of uses with-in the building. The community should be consulted and
involved in future planning steps.
ALBEMARLE COUNTY, VIRGINIA
OLD CROZET SCHOOL REUSE STUDY
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OLD CROZET SCHOOL REUSE STUDY
. ALBEMARLE COUNTY. VIRGINIA
Appendix A
Methodology for the Workshop
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OLD CROZET SCHOOL REUSE STUDY
. ALBEMARLE COUNTY, VIRGINIA
Appendix B
List of Ideas Generated by the Workshop
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8 Demolish and create zoo 6/19/2008 Workshop 1
22 Mixed use: condos, small local retail 6/19/2008 Workshop 1
35 Indoor swimming pool 6/19/2008 Workshop 1
42 Rentable banquet space 6/19/2008 Workshop 1
44 Arcade 6/19/2008 Workshop 1
46 Festival site 6/19/2008 Workshop 1
30 Music classrooms, 6/19/2008 Workshop
39 Space similar to McGuffey School 6/19/2008 Workshop
45 Skate park 6/19/2008 Workshop
50 Crisis shelter 6/19/2008 Workshop
51 Audubon/nature center 6/19/2008 Workshop
Reuse building for 4th and 5th grade elementary students -- 2
52 schools across from each other -- historic register? 6/20/2008 Open house
Adaptive reuse for housing/community center: families/elderly,
53 affordable housing (rental at or below 60% AMI), tax credits VHPA 6/20/2008 Open house
54 Put new library on site (building can be demolished) 6/20/2008 Open house
55 New library with existing building used as community center 6/20/2008 Open house
Child/family comprehensive social services: Health Dept, Parks &
56 Rec, Head Start, Food Stamps 6/20/2008 Open house
Crisis/counseling center for teens - pregnancy counseling, STD
57 testing/counseling, mentorship, future planning 6/20/2008 Open house
YCC (Youth Conservation Corps), volunteer, apprenticeship,
58 education 6/20/2008 Open house
Boutiques of for-profit employment services, copy center, radio
59 station, substation for UVA (use rooftops for solar power) 6/20/2008 Open house
60 New name for project - exciting/more interesting than "Old School" 6/20/2008 Web
61 Vo-Tech 6/20/2008 Web
62 Arts and crafts, woodcarving, music and writing 6/20/2008 Web
63 Indoor basketball area 6/20/2008 Web
64 Community Garden 6/20/2008 Web
65 Charter school 6/20/2008 Web
66 Arts center: studio space, classes for children 6/20/2008 Web
Arts building like McGuffey: space for performing artists, dance,
67 juggling 6/20/2008 Web
68 Public school for 4th and 5th graders 6/20/2008 Web
69 Rental space for community eyents 6/20/2008 Web
70 Senior center with library or library alone 6/20/2008 Web
71 Roller skating rink/summer movie theater 6/20/2008 Web
72 Housing - for profit with proceeds going to Crozet community 6/20/2008 Web
73 Senior center run by JABA 6/20/2008 Web
74 Recreation site for youth and community 6/20/2008 Web
75 Historical preservation 6/20/2008 Web
Youth-oriented community center, eco-friendly with children's
76 garden 6/20/2008 Web
77 Recreation and wellness center for adults and teens 6/20/2008 Web
78 Newcomer center 6/20/2008 Web
79 County office satellite with Head Start center 6/20/2008 Web
80 Adult education computer classes/computers for community use 6/20/2008 Web
81 Drug free zone/safe zone 6/20/2008 Web
82 (1-1) Library 6/20/2008 IGA 29
110 (1-28)Multi-use cultural center 6/20/2008 IGA 21
June 19-21, 2008
Old Crozet School Re-Use Workshop
Page 2
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136 (I-54 )Do not tear it down - no condos 6/20/2008 IGA
137 (1-55)lndoor swimming pool 6/20/2008 IGA
138 (1-56)Small venue music concerts 6/20/2008 IGA
(1-57)Music resource center: classrooms, studio space,
139 performance space, practice space 6/20/2008 IGA
140 (1-58)Private school 6/20/2008 IGA
141 (1-59)ESL: teach English, home economics classes 6/20/2008 IGA
142 (1-60)Multi-use - local vendors 6/20/2008 IGA
143 (1-61 )Community service: food bank/soup kitchen 6/20/2008 IGA
144 (1-62)Summer programs for kids 6/20/2008 IGA
145 (1-63)Church 6/20/2008 IGA
June 19-21, 2008
Old Crozet School Re-Use Workshop
Page 4
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Additional Web Comments about Re-use of the Old Crozet School as of 6/27/08
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20. Thank you for the opportunity to comment on the Crozet school
reuse. Our family lives up the street on St. George Avenue. We
IWOUld love to see a flexible use community center for classes,
exercise, art and music, with much of the open space preserved
for walking and exploring. Thank you!
21. Hello, Crozet Elementary School has served the children in the
Crozet area for many years. Four of my children attended from
Kindergarten through the 5th grade. It only seems equitable now
that the school should serve the elderly and the disabled low
income residents of Crozet. My suggestion is that the school be
converted into small rental apartments. The school is ideally
situated to be convenient for residents to frequent the downtown
area of Crozet without the need for a vehicle, again a major
concern today. A good example of an elementary school turned
into rental housing can be found in Nelson County at the Ryan
School. This was a very successful project and provided rental
housing to a particular group of citizens that could not afford to
liye elsewhere. Thank you for allowing public comment.
122' I think that a wonderful idea for the old school would be to use the
classrooms for studios for artists and artisans in the area, similar
to what they have done with the McGuffey Center in
I'Charlottesville. It could also become a permanent home for the
Crozet Arts Festival and COmmittee.
23. I attended the workshop and the voting session on Saturday, but I
wanted to give a little more feedback regarding the choices. The
predominant "winner" in my mind was the Community Center
rendition. It incorporated most of the uses that I believe will
benefit the Crozet Community. However, I did want to put my 2
cents worth in for really trying to include the Recycling Center into
this version as it nears the final work-up for the report. I also
really believe that inclusion of the skate park would definitely
benefit the youth and wold like to see it in the Community Center
version as well, if at all possible. Thanks for all the hard work
you're doing and for asking for the input from the community!
24. I think that the Murray high school is too small for the amount of
Istudents enrolled. Crozet School would be a natural choice to
relocate or supplement Murray High. When it is not being used as
a school, Why not create a teen center to provide something for
our children to do after school?
125'1!.DanceIYoga/martial arts studios. Studios for art classes. Recycling
center. Sports fields. Any uses that keep people from having to
,drive to Charlottesville.
126' My husband and I feel very strongly that the old Crozet school
would be best used as a cultural arts/community use building to
include dance studios, rooms for art classes and theater
IProductions.
127. I am hoping that the building will be used for the proposed Arts
I Centre, with dance and other arts programmes!
16/21.12008
8:53:00 AM
16/21/2008
1:36:00 PM
6/21/2008
3:57:00 PM
6/23/2008
5:33:00 PM
6/24/2008
12:33:00 PM
16/26/2008
2:25:00 PM
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16/26/2008
16:48:00 PM
16/27/2008
,2:37:00 PM
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OLD CROZET SCHOOL REUSE STUDY . ALBEMARLE COUNTY, VIRGINIA
Appendix C
Photographs of the Concepts Generated by the
Workshop
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COUNTY OF ALBEMARLE
Office of County Executive
401 McIntire Road
Charlottesville, Virginia 22902-4596
(434) 296-5841 FAX (434) 296-5800
September 3, 2008
The Honorable Robert K. Coiner
Mayor
T own of Gordonsville
209 East Gordon Ayenue
Gordonsville, VA 22942
DearM~~
Thank you for your letter of August 3, 2008 and presentation to the Albemarle County
Board of Supervisors on August 6, 2008 requesting funding for construction of the new
Gordonsville Library,
At their meeting on September 3, 2008 the Board of Supervisors decided not to fund this
request. While the Board thoroughly considered the merits of your project, it did so in
the context of the fact that it presently allocates $3,2 million to the operation of the
Jefferson Madison Regional Library system (JMRL) and is programming $50,0 million in
its current Capital Improvements Plan for future library facilities,
Given the level of inyestment the County of Albemarle is committing toward JMRL, it is
not in a position to fund additional library facilities outside these obligations.
Best wishes for successful completion of your library project and feel free to contact
Bryan Elliott, Assistant County Executive - Community Services, at 434-296-5841
should you have any questions concerning this matter.
Sincerely,
obert W. Tucker, Jr.
County Executive
RWT,Jr/dbm
08,018
pc: ~ W. Jordan, Clerk, Albemarle County Board of Supervisors
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Request for Donation to Gordonsville Branch Library
AGENDA DATE:
September 3, 2008
SUBJECT/PROPOSAL/REQUEST:
Consider providing funding for the construction of
the Gordonsville Branch Library
ACTION: X
INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
STAFF CONTACT(S):
Messrs. Tucker, Elliott, Davis
LEGAL REVIEW: Yes
REVIEWED BY:
A~
ATTACHMENTS: Yes
!
BACKGROUND:
During the August 3,2008 meeting of the Board of Supervisors, Mayor Bob Coiner of the Town of Gordonsville requested
that the Board consider donating funding for construction of a new Gordonsville library which will be operated as part of
the Orange County Library system (See Attachment A). Mayor Coiner pointed out that residents living in the northeast
quadrant of the County of Albemarle benefit from the existing Gordonsville branch library and the availability of a new and
more modern facility would further enhance their library experience. The Mayor further indicated that the County of
Orange has allocated sufficient funding for construction of a 900 square foot branch for Gordonsville; however, the Town
is attempting to raise an additional $300,000 to proYide additional space and amenities for its users. The Board requested
staff to confer with the Jefferson Madison Regional Library and develop a recommendation for its consideration.
STRATEGIC PLAN:
Goal 1: Enhance the Quality of Life for all Citizens
DISCUSSION:
The County of Albemarle is a member of the Jefferson-Madison Regional Library (JMRL) System and currently
appropriates $3,2 million of its general fund revenues for the operation of this system. The JMRL was created to proYide
and regulate library services to the residents of the City of Charlottesville and the Counties of Albemarle, Louisa, Nelson
and Greene. According to JMRL data, approximately 45,000 Albemarle County citizens hold library cards and account for
58,2 percent of all circulation for the JMRL system, In addition, the County's adopted capital improvement plan is
programming approximately $50,0 million for construction of new libraries in the County over the next ten (10) years.
Given its funding obligations to JMRL, staff is not aware of previous Board allocations for operational support of other
library systems outside of the JMRL.
Based upon information proYided by the Office of Geographic Data Services (GDS), less than 5 percent of the County's
population resides within a 10 mile radius of the Town of GordonsYille (See Attachment B). Moreover, JMRL advises that
approximately 320 Albemarle residents currently use the Gordonsville Library while 611 Orange/Gordonsville residents
use JMRL services, Accordingly, the number of Albemarle County residents benefiting from the Gordonsville Library
represents 0,35 percent of the county's total population base.
The County legally cannot donate funding directly to the Town of Gordonsville or to Orange County, which operates the
library, unless the funding is for services provided under a joint exercise of powers agreement approved by ordinance,
However, it may be possible for indirect funding to be donated to a charitable institution or association if such institution or
association provides library services to the residents of the County.
BUDGET IMPACT:
No funding for this request is currently provided for in the adopted Operating or Capital budgets and would therefore have
to be allocated from the Board's Reserve.
RECOMMENDATIONS:
Staff recommends that the Board remain focused on using its increasingly limited revenues to serve the best interests of
the largest possible number of county residents through its ongoing annual operating funding support for JMRL as well as
development of enhanced library facilities throughout Albemarle County, Staff recommends that should the Board decide
to consider this request, that it do so in the context of its overall library funding strategy and in relation to its adopted CIP
process,
ATTACHMENTS
A - Letter from Mayor Coiner requestinq the donation
B - Map from GDS showinq population near Gordonsville
Attachment A
ROBERT K. COINER
MA YOR
TOWN OF GORDONSVILLE
Office of the Mayor
bobcoiner@msn.com
209 EAST GORDON AVE
GORDONSVILLE, VIRGINIA 22942
(540) 832-3264
August 3,2008
Mr. Robert W. Tucker Jr.
County Executive, Albemarle County
Dear Mr. Tucker:
Gordonsville is located in a unique, three county location, with Albemarle being immediately to
our west and Louisa to our south. Over the past few years, out-of-county patrons of the Gordonsville
Branch Library have increased dramatically. This is something we are pleased about, as our Albemarle
neighbors shopping in and visiting Gordonsville are an important part of our economy. They are also our
friends and neighbors, and, invisible borders aside, many of them think of themselves as living in
Gordonsville, and so do we,
We are in the process of raising $300,000 to build a new library in Gordonsville. This amount is
the difference Gordonsville must raise in order to build the larger of two proposed versions ofthe library.
This larger version ($1.1 million) will accommodate more resources and the latest technology, as well as
anticipated growth for the foreseeable future. The smaller version ($800 thousand) is only marginally better
than the one we currently have. If you have seen or visited our current library, you know that when
someone enters, the folks checking out books have to move over to let the person in. There is just over 900
square feet of space, with no public bathrooms, 1 computer and most of the books are not on site.'
Total checkouts and renewals from non-residents for the past year were 17.231. Checkouts and
renewals for residents were 22.014. Non-residents represented 44% of the library activity, and those are
just the ones that have been identified as non-residents. Since everyone within ten miles of Gordonsville
has a Gordonsville address, most non-residents are assumed to be residents until we find out otherwise.
We have raised $89,000 toward our goal. The Town of Gordonsville voted last week to donate
$20,000 from our reserves toward this effort. In asking Albemarle to consider donating to this cause, please
consider that this will allow Albemarle County citizens in the eastern section of the county to use a library
on a daily basis that has all of the space and modem advantages that the other Albemarle County Libraries
enjoy. Also, this is a one shot expense, Orange County will, of course, fund operations for this library.
This is a wonderful opportunity to leverage limited funds and receive such a wonderful facility for
your citizens in the eastern end of the county. The only chance we will have to build this building the right
way is before us, please consider a generous contribution.
Sincerely,
Bob Coiner
Tn'''" n.f~ru..A^n,-""iI1A P () Qnv 'l7~ nn...Annco,,;l1A " ^ ""'")011'")
Statistics provided bv the Library
I realized when a patron came in earlier this week that hot all non-residents are listed,
Some folks forget that a Gordonsville address does not necessarily mean Orange County
resident.
Here are the stats for the preYious year July 31,2007 to July 31, 2008:
Checkouts Renewals Total
Adult Non-Resident 9,853 1,664 11,517
Resident
Adult Resident 12,449 2,119 14,568
Juyenile Non-Resident 4,895 819 5,714
Juvenile Resident 6,094 1,352 7,446
Resident
17,231
44% Non-
22,014
56%
39,245
100%
Points to Consider
Not asking for Funding - which could be interpreted as an obligation of sorts
This would not be a precedent for future requests - Orange County will be operating and funding
the library
This would be a contribution to the building fund that will enable the Gordonsville Library to be as
modern and spacious for the Albemarle citizens in the eastern end of Albemarle County as the
other Albemarle libraries are,
The Town of Gordonsville, with a very small budget (and no obligation to running County
Libraries), last week voted to donate $20,000, This was not in our budget. We voted to use our
reserves to enable a more capable library to be built for area citizens for the next 50 plus years,
Gordonsville citizens using the library make up less than 25% of the users of the library
(estimated-no stats-could be as low as 10-15%)
During the life of this Library, Gordonsville could possibly expand into Albemarle County, and
would then be an incorporated Albemarle town, so this could conceivably become an Albemarle
library serving Albemarle citizens - but, regardless, it is serving Albemarle citizens now, (We are
in boundary adjustment talks with Orange County now)
This is our only chance to build it right - and for a relatively small, one time investment. The
smaller version will be inadequate the day it opens, If we can't raise another hundred thousand or
two now, how would we be able to raise upwards of a million in the future to do an expansion?
The answer - the final form this library will take, will be what is built now and we will all live with
that decision for the next 50 plus years.
The library is already serving a large number of Albemarle County citizens - but not very well.
(Unofficial side comment) Problem for Gordonsville is that we are kind of like the proverbial "red
haired step child", We aren't the county seat, and we are on the edge of three different counties,
All three county's citizens are served by our police, fire and rescue (on emergency basis) and our
library, All utilize us, but sometimes we feel a little "overlooked" and "underconsidered"h - and we
have a budget that is constructed on the backs of only 685 households,
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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Use Value Tax - Revalidation
AGENDA DATE:
September 3, 2008
SUBJECT/PROPOSAL/REQUEST:
To provide information regarding a proposed
revalidation requirement for property in the Use
Value Tax Program, to request approval of the
revalidation form, and to set a public hearing to
consider a proposed ordinance to implement
revalidation
ACTION: X
INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
LEGAL REVIEW: Yes
(
STAFF CONTACT(S):
Messrs. Tucker, Foley, Davis, Herrick, Wiggans,
and W oodzell
REVIEWED BY:
BACKGROUND:
On July 9, 2008, the Board held a work session on a proposed revalidation requirement for property in the Use Value
Tax Program ("Program"), The Board requested staff provide a proposed revalidation form,
This Executive Summary provides the specifics of the proposed revalidation requirement discussed at the July meeting,
the proposed revalidation form (Attachment A), and an ordinance to implement revalidation (Attachment B),
STRATEGIC PLAN:
Objective 4,2: By June 30, 2010, increase the protection of the County's rural areas by implementing the key strategies
of the Rural Area Plan,
DISCUSSION:
Virginia Code S 58,1-3234 authorizes the governing body of any county, city, or town to require property owners in the
Program to revalidate any previously approved application, Reyalidation requires property owners in the Program to
confirm that the property continues to meet Program requirements.
To date, the County has not required revalidation, Prior to January 2007, the County conducted property
reassessments on a biennial cycle, That two-year reassessment schedule allowed the Assessor's staff to conduct site
visits of each property in the County every two years to reassess the property and, if the property was in the Program,
physically inspect the property to gauge compliance with Program guidelines,
In 2007, the County changed from biennial to annual reassessments, This change resulted in the Assessor's staff
'visiting each property every three to four years instead of every two years, Revalidation is a tool to assure that parcels
enrolled in the Program continue to qualify without a field visit by an assessor.
Advantages/Disadvantages:
There are several advantages and disadvantages of a revalidation requirement. Advantages of requiring revalidation
include:
· greater public confidence that only qualifying parcels are receiving the special tax benefits of the Program.
· regular notification to property owners of their enrollment in the Program and the requirements of the Program,
· requirement that Program participants certify their farming/forestry/horticulture/open space use (i.e" Schedule
F, income receipts, farm numbers, etc.).
Disadvantages of requiring revalidation include:
· additional administrative costs (i.e" supply/postage expense, staff assistance, and storage space needs),
· failure to meet deadline(s) and/or provide proper documentation would result in parcel(s) being removed from
the Program, the possible assessment of roll back taxes and taxpayer complaints.
AGENDA TITLE: Use Value Tax - Revalidation
September 3, 2008
Page 2
Comparative Information:
The following chart shows the revalidation requirements of other localities:
Locality Use Value Parcels Revalidation
Augusta County 6,000 Every Year, With Fee
Chesterfield County 800 Every Year, No Fee
Fluvanna County 1,500 Every Year, No Fee
Greene County 600 No
Henrico County 410 Every Year, No Fee
James City County 249 Every Year, No Fee
Louisa County 3,400 Every Two Years, No fee
Loudoun County 5,000 Every Year, With Fee
Nelson County 2,000 Every Six Years, With Fee
Orange County 1,000 Every Year, With Fee
Rockingham County 5,400 Every Six Years, With Fee
Albemarle County currently has 4,981 tax parcels in the Use Value Tax Program.
Recommended Revalidation Process:
Staff recommends that property owners in the Program be required to revalidate every two years, beginning in 2009 for
tax year 2010, This two-year approach would ease the burden of the property owner having to file every year, while still
providing the County adequate documentation that the property conforms to Program requirements,
Staff recommends an extensive education process prior to implementation of a revalidation requirement. This
education process would begin by proYiding information about revalidation to all affected owners with the second half
2008 tax bills (to be mailed in late October 2008) and the 2009 reassessment notices (to be mailed in January 2009),
Using the tax bills and reassessment notices for this step of the education process would save the cost of additional
mailings to Program participants.
The second step of the process would be the distribution of the actual revalidation forms, These forms would be mailed
in late April 2009, separately from the tax bills, to all owners in the Use Value Tax Program. The deadline for filing the
forms with the Assessor's Office would be September 1, 2009. Staff recommends no fee for applicants who file by the
deadline, Applications would be accepted after the deadline until December 5, 2009, but would require payment of a
late fee of $125. As with the initial Use Value applications, a separate revalidation would be required for each parcel.
Proposed Form:
Staff collected revalidation forms in use by 12 other localities and incorporated the best elements of each form to
develop the attached proposed form (Attachment A). The proposed form requires property owners to provide certain
information and forms to verify the continued qualifying use of the property, Staff then consulted with several
representatives of the Farm Bureau and the farming community to ensure that the form, while providing the needed
information, would not be unduly burdensome.
Administration of the Revalidation Process:
Upon receipt of the revalidation forms, the Assessor's staff would review the paperwork for accuracy and compliance,
and would make every attempt to contact landowners concerning incomplete applications prior to the final filing
deadline, Property that qualified would remain in the Program. Owners of property that did not qualify would be notified
and the non-qualifying properties would be removed from the Program,
Implementing a reyalidation requirement would necessitate an amendment to Chapter 15, Taxation, of the County
Code pertaining to the Use Value Tax Program. In order for the forms to be mailed in spring 2009, effective for the
2010 tax year, the Code amendment must be adopted by October, 2008. This would provide time for the County to
AGENDA TITLE: Use Value Tax - Revalidation
September 3, 2008
Page 3
conduct a public information campaign this fall and again in January (in conjunction with the 2009 reassessment) to
notify the public of this new requirement.
The proposed effective date of the ordinance is April 1, 2009, which is after completion of the 2009 Use Value Tax
Program cycle, but in time to implement the requirement for the 2010 tax year.
BUDGET IMPACT:
Although the revalidation forms would be sent as a separate mailing, the fiscal impact of revalidation is expected to be
minimal (less than $2,000). Expenses would include postage and printing costs, It is anticipated that existing staff will
be sufficient to review the documentation upon submission, Minimal expenses are anticipated for supplies and storage.
Minimal late fee revenues are projected,
RECOMMENDATIONS:
Staff requests that the Board provide direction to staff regarding the proposed revalidation process and form. In
addition, staff recommends that the Board set the attached ordinance (Attachment B) to implement the revalidation
requirement for public hearing on October 1, 2008,
ATTACHMENTS:
A - Proposed Revalidation Form
B - Draft Ordinance
'.
I ~~
County of Albemarle, Virginia
Real Estate Office
401 Mcintire Road, Room 243
Charlottesville, VA 22902-4596
(434) 296-5856
Attachment A
:or Office Use Onlv
Received Date:
Received By:
Revalidation For Taxation On The Basis Of land Use Assessment
This form must be filed with the Real Estate Assessor no later than 5:00 p.m" September 1, 2009. If mailed, it must be postmarked
NO later than midnight on the above date, An application may be submitted after September 1, but no later than December 5, by
paying a late filing fee of $125,00. Failure to complete and file this form by the deadline(s) will cause the property to be
removed from the Land Use program,
f\JAMEL-
~DDRES-S1J
~DDRESS 2
CITY STATEm
Number of Acres:
Tax Map/Parcel Number:
Current Acreage Use (please yerify and/or make appropriate adjustments)
Agricultural Use:
Horticultural Use:
Forestry Use:
Open Space Use:
DIRECTIONS: Please complete the section(s) of the form below for the type(s) of use (Agricultural, Horticultural,
Forest, and/or Open Space) that you are revalidating.
For Agricultural or Horticultural Use: Please complete the applicable table(s) below or furnish one of the following:
Federal tax forms (1040F) Farm Expense and Income, (4385) Farm Rental Income and Expenses, (1040E) Cash
rent for Agricultural Land, (1040C) Business Profit and Loss, or (1120) Corporate Partnership.
Receipts showing at least $1,000 in Gross Agricultural and/or Horticultural sales for the past year.
Evidence of participation in a federal farm subsidy program,
A conservation Farm Management Plan prepared by a professional.
REAL ESTATE DEVOTED TO AGRICULTURAL USE
TO QUALIFY FOR AGRICULTURAL USE: The applicant shall certify that the real estate is being used in a BONA FIDE program
or management and production of field crops, livestock/products, poultry/products, dairy/products for sale, The real estate must
consist of a minimum of five acres.
Is this acreage devoted to the production FOR SALE of plants and/or animals?
YES NO
- -
AGRICULTURAL PRODUCTION - TABLE
ANIMALS CROPS
KIND* COUNT NO OF MONTHS KIND NO OF ACRES AVERAGE YIELD **
NOTE: * Pleasure animals (e,Q, horses) DO NOT qualify for Land Use assessment. ** Indicate TonnaQe(T ) or Dollars($)
REAL ESTATE DEVOTED TO HORTICULTURAL USE
TO QUALIFY FOR HORTICULTURAL USE: The applicant shall certify that the real estate is being used in a BONA FIDE program
or management and production of fruits of all kinds, including grapes, nuts and berries; vegetables; nursery and floral products for
sale, The Real estate must consist of a minimum of five acres,
Is this acreage devoted to the production FOR SALE of fruits, vegetables, ornamental plants and ornamental products?
YES NO
- -
HORTICUL TURAL PRODUCTION - TABLE
CROPS
KIND NO OF ACRES AVERAGE YIELD (Tonnage or $)
Created 08-15-2008
FOREST USE
TO QUALIFY FOR FOREST USE: The owner shall certify that the real estate (minimum of twenty acres) is being used in a
planned program of timber management and soil conservation practices which are intended to enhance the growth of commercially
desirable species through generally accepted silviculture practices and/or reduce or prevent soil erosion by Best Management
Practices such as logging road layout stabilization, streamside management zones, water diversion practices, and other Best
Management Practices that prevent soil erosion and improve water quality.
acres of this parcel are in forest with at least a 40% uniform stand of trees thereon,
Is this acreage under an approved Forest Management Plan?
If NO, do you certify that this land will be maintained and protected in a manner
consistent with approved soil and water management practices?
YES
NO
YES
NO
At least one of the following documents must be on file with the Real Estate office:
· a plan prepared by a professional forester,
· a Landowner Forest Land Use Commitment form which is available from the Real Estate Office,
OPEN SPACE
TO QUALIFY FOR OPEN SPACE USE: Generally the open space use of the property must be consistent with the land use plan of
the county, which has been made and adopted officially in accordance with Title 15,2, Chapter 22, Article 3 of the Code of Virginia.
A land use consistent with the land use plan means a use that is consistent with areas of land use zones depicted on a map that is
part of the land use plan, or that directly supports or is generally consistent with stated land uses, natural resources, conservation
or historic preservation objectives, goals or standards of the land use plan,
The owner shall certify that the real estate (minimum of twenty acres) is devoted to one of the following uses:
a. preserved as a park or for recreational purposes YES NO
b, conservation of land and other natural resources YES NO
c. conserving floodways YES NO
d, conserving historic and scenic resources YES NO
e, agriculture, horticulture or forest use YES NO
acres of this parcel is in an open space contract with Albemarle County
This contract is for Years and expires in
month
year
NOTICE:
If this parcel is LEASED or RENTED, please furnish the following information:
Name of Lessee
Phone Number
Number of acres involved in the leasing and/or renting property.
Amount of rentlincome or crop value received for the immediate past year, $
CERTIFICATION
I/We further certify that all land for which use taxation is requested meets all requirements of applicable County
ordinances and of the uniform standards prescribed by the Commissioner of Agricultural and Consumer Services, the
State Forester, and/or the Director of the Department of Conservation and Recreation. I/We declare under penalty of
law that this application and any attachments hereto have been examined by me and to the best of my knowledge are
true and correct. I/We do hereby grant permission the Farm Service Agency and the State Forester to proYide
information to the proper authorities for the purpose of administering the Land Use Program, I/We agree to allow
County real estate assessors to inspect the property described in this application as authorized in Virginia Code
. Sections 58,1-3233 and 58,1-3280.
Print Name
Owner/Authorized Signature
Company (if applicable)
Date
Daytime Phone Number
Print Name
Owner/Authorized Signature
Company (if applicable)
Date
Daytime Phone Number
Created 08-15-2008
Draft: August 20, 2008
Attachment B
ORDINANCE NO. 08-15(2)
AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE VIII, SPECIAL
ASSESSMENTS FOR AGRICULTURAL, HORTICULTURAL, FOREST OR OPEN SPACE REAL
ESTATE, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 15,
Taxation, Article VIII, Special Assessments for Agricultural, Horticultural, Forest or Open Space Real
Estate, is hereby amended and reordained as follows:
By Amending:
Sec, 15-803 Same--Processing; continuation of assessment, etc,; fees
CHAPTER 15. TAXATION
ARTICLE VIII. SPECIAL ASSESSMENTS FOR AGRICULTURAL,
HORTICULTURAL, FOREST OR OPEN SPACE REAL ESTATE
Sec. 15-803 Same--Processing; continuation of assessment, etc.; fees.
A. The application fee due under this article shall be figured at fifteen cents ($0,15) per acre
on total acreage with the minimum charge of fifteen dollars ($15.00) per individual application and shall
be paid to the director of finance of the county. However, where a landowner is required to file a new
application under this article because the use or acreage of such land previously approved has changed,
the application fee for each reapplication shall be fifteen dollars ($15.00).
B. The tax for the next succeeding tax year for property qualifying under this article shall be
based on the use value recorded in the Land Use Tax Assessment Book.
C. Continuation of valuation, assessment and taxation under this article shall depend on the
continuance of the real estate in the use for which classification is granted, continued payment of taxes as
referred to in Virginia Code S 58,1-3235. continued revalidation everY second tax vear as orovided in
subsection CD) below. and compliance with the other requirements of this article and Article 4 of Chapter
32 of Title 58.1 of the Code of Virginia, and not upon continuance of the same owner of title to the land.
D. A Darcel's eli!!ibility for use value assessment shall be revalidated every two vears durin!!
the second tax vear of each two-vear revalidation cvcle. A revalidation form shall be filed with the local
assessinl! officer on or before Seotember 1 of the vear orecedinl! the two-vear oeriod for which the
revalidation is soul!ht. on forms oreoared bv the county. A seoarate revalidation form shall be filed for
each Darcel receivinl! a use value assessment. Late filinl! of a revalidation form mav be made on or before
December 5 of the vear nrecedinl! the two-vear oeriod for which the revalidation is soul!ht. uoon oavment
of a late filinl! fee of one hundred twenty-five dollars ($125.00).
(8-23-73; 12-20-73; 7-17-75; 7-2-86; 4-13-88; Code 1988, S 8-34; Ord. 98-A(1), 8-5-98)
State law reference-- Va. Code ~ 58.1-3234,
This ordinance shall be effective on and after April!, 2009
Draft: August 20, 2008
Attachment B
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of_
to _, as recorded below, at a regular meeting held on
Clerk, Board of County Supervisors
Aye Nay
Mr, Boyd
Mr. Domer
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
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Attachment B
Dominion
D evt'IOlllllen t
Resources, LLC
17'2. ::;outn t-'amu\-I::> LJllVc;
Charlottesville, VA 22911
Phone: 434-979-8121
Fax: 434-979-1681
DDRVA.GOm
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May 27, 2008
Mr, Kenneth C, Boyd, Chairman
Albemarle County Board of Supervisors
401 Mcintire Road
Charlottesville, VA 22902
Regarding: ZMA 77-24 Conditions of Approval
(Tax Map 79 Parcels 23 and 23-F, Tax Map 79C Parcel 1 )
Dear Mr, Chairman:
Attached, please find exhibit A, delineating the 17 conditions of approval for ZMA
77-24, a 39-lot PRO located on 92 acres between the Glenmore PRO, North Milton Road,
and the Rivanna River. The PRO incorporates Tax Map 79 Parcels 23 and 23-F and Tax
Map 79C Parcel 1, The site is accessed from both Shadwell Road and North Milton Road,
In accordance with item 9 of the attached Albemarle County conditions of approval, a
central water system has been proposed for the subdivision, In accordance with current
Albemarle County policy, a request for a central water system was denied by the County
Engineer.
Because the zoning of the property was approved with a condition requiring
approval of a central water system, and such approval has been denied, the owner does
hereby request an expansion of the service area for the provision of public water to both
phases of the PRO. Please note that Phase 2 of the Subdivision lies within the Albemarle
County Service Authority Jurisdictional Area (see exhibit B), Public water is also available
at the adjacent Stone Robinson Elementary School and the adjacent Glenmore PRO.
Two of the three access points for public water would work well for the site: a 12"
waterline is located on North Milton Road in front of the Elementary School (see exhibit C)
and a 16" waterline is located within the Right-of-Way, on the south side of U,S, 250 (see
exhibit C), Of these two options, a connection at Shadwell Road would provide some
additional benefits: fire protection (hydrants) for the existing homes along Shadwell Road,
potential future water connections for residents on Shadwell Road (neighbors have
Page 1
expressed concern of potential groundwater contamination from a nearby fueling station},
and a waterline location entirely within public rights-of-way. There are several
disadvantages to developing the site with private wells: this would not be consistent with
the zoning of the property, fire hydrants would not be accessible to 40,000 SF residential
lots, 30 additional wells may increase the risk of groundwater contamination, and 30
additional wells may cause drawdown of nearby residential wells.
Because the zoning was approved in 1978 and the owner is applying under the
existing ordinances at the time of approval, we have a six-month time limit to file a final plat
for Clifton Lake Phase 1 Subdivision. We therefore hope that the Board of Supervisors can
consider this request at your earliest opportunity, Thank you for your consideration,
Sijcere~ ~ti
J, Kelly Strickland
Cc:
Mr. Greg Baldwin
Mr, Patrick Lawrence
Attachments:
Exhibit A: ZMA 77-24 Approval and Conditions of Approval
Exhibit B: ACSA Jurisdictional Area Map
Exhibit C: Clifton Lake Waterline Options
Exhibit D: ACSA Availability Letter
Page 2
5/27/2008
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Dr. Charles W. Hurt
1290 Seminole Trail
Charlotte.sville, Vir9inia
Re: BOARD OF SUPERVISORS AC'l~ION
Request tor ZMA~77-24
Dear Dr. Hurt:
"
This is to advise you that the Board' of Supe:r:visors at its n'leetiti.g" J~inuaty 18 J 1978,
approved your req\lelit to rezone 92 acres from A-l to A-l/~..P~ ( COl.\.t1ty' '!'~'<K ,Map 79 I
Parcel 23, part there-of; and County Tax Map 7ge, Parcell) s1;lhjeot t.CI tr.\e, followin~
conditions:
if,,,'
1. Written Health Department app~ova1;
:2. Vit'ginia. Department of Highways and Transportation approval of ent.rance fa,cili ties;
3. Albemal:'le County Engineering Department approval of all internal :C'oads and. priv'a.ba
drives with adequate turnaround space at the end of each;
4. VirgL."lia Depart;!nlint of Highways ana Trans)?ortation approval of ini:ernal st;ate x:,::.,~,lL,;
5. No dwelli.ng units nor spetic fields to be built on slop<i!$ in ex.cess (),f 2S~;
6. No dwelling units nor septic fields to be built within 50 'feet of thl? L:lk!~
water's edge at mean level to be determined by the Virginia ,Dc.p5>xtm..$:ni: cd Hi!lalth~
7. The applicant will hawe a certified e'r'19ineer test the existir~g d~Lt'!l and (~~,t ttfy
that ~t is safe to the satisfaction of the Coun~y En9ineer;'
8. A maintenance agreement for the maintenance or all common areas, rel::r;'eat,iC:!\al
facilities, private drives, and the dam to be approved 'by the Ccunty J'.ttc:rr:u~y' s
Office and recorded;
9. Fillal subdivi.sion a.pproval will be subject to the County E'kngi:M~(~t: I s ,)fficfi;
approval of central water systems;
10. A grading permit will be required prior to subdivision approval,
11. ~ll lots are to have access to common open space;
12. An approved secondary drainf ield location mu.st oe provided for (Hie':,'. Lc:.;
13. That the Virginia Department of Highways and Transportation revi~w t;~
intersection of Route .250 East ana Route 709 in order to determine w.he<th4~~' signs nr:
warning lights are necessary; if it i~ determined. that controls A:te wa:tr.'!ld;ed, they
shall be installed at the developer's expens~;
14. County Engineer.ing Department approval of right-of-way widths;
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41
Dr. Hurt,
January 25, 1978
Pa.9~ 2
15. The number of lots in the development is limited to 39,
with the ~eduction from the number of lots shown on plan presente~ to the
Board of superrisors meeting- of January '18, 3.978, to he made alonq Route 729
on the west side of the lake #
16. Th~ developer is to install a road ac~oss the dam ( non-dedicated) to provide
access to Route 729;
17. Setback {rom Route 729 shall be 100 feet from the centerline of the road.
Sincerely,
&#t#~
Ja.ne Gloeck.ner
Planning Department
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Albemarle County
Service Auth'ri~
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Serving' Conserving
December 4, 2007
Dominion Development Resources, LLC
Attn: Mr. Tim Miller, P.E.
172 South Pantops Drive
Charlottesville, Virginia 22911
Re: Water Availability for TMP 79-23 and TMP 79C-1
Dear Mr. Miller:
This letter is to confirm that public water is located approximately 500 feet
southwest of the intersection of Richmond Road and North Milton Road. This
water main is 12-inches in diameter and is located on the western side of North
Milton Road. However, the parcels listed above are not included in the
jurisdictional area for water seNice. If you have any questions regarding the
information provided, or if you need any additional information, please contact
me at (434) 977-4511, Ext. 114.
Sincerely,
~-?7~.
Jeremy M. Lynn, P.E.
Senior Civil Engineer
JML:dmg
0602UtilityAvailabilityNorthMilton120407
168 Spotnap Road · Charlottesville, VA 22911 · Tel (434) 977-4511 · Fax (434) 979-0698
www.serviceauthority.org
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Robert and Carolyn Michie, Albemarle County Service
Authority (ACSA) Jurisdictional Area Amendment
Request for Water Service
AGENDA DATE:
September 3, 2008
ACTION: X INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Request for public hearing to amend the Jurisdictional
Area Boundary to proYide water service to Tax Map
79, Parcels 17 and 17C located on the north side of
Route 250, near the intersection of Route 250 and
North Milton Road.
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
STAFF CONTACT(S):
Messrs. Tucker, Foley, Kamptner, Cilimberg, and
Benish
REVIEWED BY: 0 t~
LEGAL REVIEW: Yes
BACKGROUND:
The applicant is requesting ACSA Jurisdictional Area designation for water service to two parcels totaling 15.8 acres with
two existing single-family homes (Attachment A). The parcels are on the north side Route 250 East, just north of the
intersection of Route 250 and North Milton Road (Rt. 729) and adjacent to the GOCO Oil site. The parcels are located
entirely within the designated Rural Areas in the Rivanna Magisterial District. The existing well serving the home and
cottage has recently been tested by the Virginia Department of Environmental Quality (DEQ) and determined to be
contaminated with Methyl tertiary-butyl ether (MTBE), a gasoline additive that promotes a cleaner burn of the fuel.
Beginning in May 2008, the property owners experienced taste and odor problems with the water, which prompted a
request to DEQ to test the well water supply for contamination. Subsequent testing of the well found MTBE
concentration of 0.021 mg/L, DEQ has funded the installation of a charcoal filter system on the well to treat the
contamination. DEQ considers charcoal filtration systems a temporary remediation inferior to public water service (if
available) and has recommended the site be connected to public water service,
The adjacent GOCO Oil site experienced a similar MTBE contamination in the wells serving that site and was approved
for, and connected to, ACSA water service in 1999,
Because of site conditions, including the location of the homes, out-buildings/barn, existing and back-up septic fields, and
the topography of the properties, there does not appear to be a viable location for a new well on-site at a sufficient
distance from the existing well to ensure no further contamination will occur in the new well.
STRATEGIC PLAN:
Objective 2.2 Protect and/or preserve the County's natural resources.
DISCUSSION:
The Comprehensiye Plan provides the following concerning the proYision of public water and sewer service:
"General Principle: Urban Areas, Communities, and Villages are to be served by public water and sewer (p.
114)."
"Proyide water and sewer service only to areas within the ACSA Jurisdictional Areas (p, 130),"
"Follow the boundaries of the designated Development Areas in delineating Jurisdictional Areas (p.130),"
"Only allow changes in the Jurisdictional Areas outside of the designated Development Areas in cases where the
property is: 1) adjacent to existing lines; and 2) public health and/or safety is in danger (p. 130)."
Water and sewer services by policy are intended to serve the designated Development Areas where growth is
encouraged and are to be discouraged in the Rural Areas because utility services are a potential catalyst to growth.
AGENDA TITLE: Robert and Carolyn Michie, Albemarle County Service Authority (ACSA) Jurisaictional Area
Amendment Request for Water Service
September 3, 2008
Page 2
Water supply and system capacities need to be efficiently and effectively used and reserved to serve the Development
Areas. Continued connections of properties in the Rural Areas result in further extension of lines from the fringe of the
existing Jurisdictional Area and into the Rural Areas, potentially straining limited water resources and capacity.
This request meets the first criteria for the provision of service to Rural Area parcels (adjacency to existing service lines),
The adjacent property to the east of this parcel is within the ACSA Jurisdictional Area for Water Only to Existing
Structures and is served with public water. The primary issue with this request is whether the leyel of contamination
experienced on-site creates a danger to the public health and safety. The County's Groundwater Manager has proyided
additional information regarding the health threat of MTBE (Attachment B). DEQ has essentially established a "zero-
tolerance" leyel for MTBE contaminations. However, neither the Virginia Department of Health (VDH) nor the
Environmental Protection Agency (EPA) has established a leyel of MTBE contamination which is considered a health
risk, The Code of Virginia requires quarterly testing of public water supplies for MTBE and reporting of concentrations
above 0.015 mg/L to VDH and DEQ. As previously noted, MTBE in concentrations of 0,021 mg/L was found in the
Michies' well. The County has previously granted ACSA Jurisdictional Area designation to the adjacent GOCO Oil site
and the Key West subdiYision based on MTBE contamination, The contamination levels for those two sites were lower
than the level found at the Michies' well.
Based on the odor and taste condition of the water supply, the level of contamination within this source falling within the
range suggested for public system monitoring, the proximity to a known contaminate site. and past actions regarding
sites/requests with similar levels of contamination, staff recommends amendment of the ACSA Jurisdictional Area for
water service only to existing structures.
BUDGET IMPACT:
The property owner will bear the costs for the water connection,
RECOMMENDATIONS:
Staff recommends the Board set a public hearing to amend the ACSA Jurisdictional Area for water only to existing
structures to Tax Map 79, Parcels 17 and 17C.
ATTACHMENTS
A _ Location Map and ACSA Jurisdictional Area Desiqnations
B - Memorandum from Groundwater Manaqer
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ATTACHMENT B
MEMORANDUM
To:
From:
Date:
RE:
David Benish, Chief of Planning
Josh Rubinstein, Groundwater Manager
August 18,2008
ACSA Jurisdictional Area Amendment Request, Robert and Carolyn Michie Property (1066 Shadwell Station Lane,
Charlottesville)
Carolyn and Robert Michie have requested inclusion in the Albemarle County Service Authority (ACSA) jurisdiction based
upon contamination oftheir well with Methyl Tertiary-Butyl Ether (MTBE), In May 2008, the Michies noticed a fuel taste in
their well water and a black staining in their sediment filter. Subsequent testing of the well found MTBE concentration of
0.021 mg/L. While the MTBE concentration accounts for the taste, it does not account for the staining.
Since no health standards exist for MTBE, staff must defer to the Board to answer the following question: in the context of the
General Principles for Public Water and Sewer set out in the Albemarle Comprehensive Plan, should MTBE contaminated
wells be considered "cases where public health and safety are at issuer' The following information may be useful in
answering this question,
Methyl Tertiary-Butyl Ether (MTBE) is a gasoline additive that promotes a cleaner burn. In 2001, Virginia consumed 13,600
barrels per day of MTBE, Since 2005, MTBE has been gradually phased out in favor of ethanol
There has been no research into the effect(s) ofMTBE on humans. Some who work in areas with high inhalation
concentrations ofMTBE have reported dizziness and nausea but no direct link the person's health has been found, At very
high doses, cancers have been induced in rodents. The research has lead to no consensus on the health effect and, therefore,
EP A has issued no Health Standard for MTBE. Humans, on the other hand, are extraordinarily sensitive to MTBE in very
small amounts, In 1997, the EPA issued a Drinking Water Advisory that found that we begin to taste and smell MTBE at 0,02
to 0.04 milligrams per liter (mg/L)*, The Michies have described the sensation as "drinking gasoline."
MTBE has a low absorption rate and a high dissolution rate, It travels faster and further in groundwater than any of the other
volatile compounds associate with fuel. Because of its mobility, MTBE contamination can result from a spill of as little as
ten-gallons oHuel and it can be the only contaminant detected. In the National Water Quality Assessment, the United States
Geologic Survey (USGS) found that 7.5% of the 4,146 wells tested had detectable concentrations ofMTBE, As part of a zero
tolerance approach to any concentration of petroleum constituents in drinking water, the Virginia Department of
Environmental Quality (DEQ) has supplied and operates 27 carbon filters on private wells in Albemarle County, Seventeen
are to clean water contaminated solely by MTBE.
On 7 May 1997, the Albemarle County Board of Supervisors approved an amendment to the ACSAjurisdictional area to
include the Key West Subdivision, Two of the four wells serving the 228 homes in the subdivision were contaminated solely
with MTBE. Three of the six test wells had MTBE concentrations higher than the Drinking Water Advisory, The
concentrations in well 2 never exceeded 0.021 mg/L,
Eleven states have Primary Drinking Water Standards ranging from 0,01 mg/L (Delaware) to 0,24 mg/L (Mississippi), The
Code of Virginia requires quarterly testing of public water supplies for MTBE and reporting concentration above 0,015 mg/L
to VDH and the DEQ, Since these standards are based on the EP A Drinking Water Advisory, staff recommends that if the
Board determines that MTBE is an issue of public health and safety under the Comprehensive Plan, that the 0.02 mg/L
standard be adopted, In the USGS study, only one percent of the contaminated wells had concentrations higher than the EPA
Drinking Water Advisory standard.
Robert and Carolyn Michie ACSA Jurisdictional Area Amendment Request
In May 2008, the Michies noticed a fuel taste in their well water and a black staining in their sediment filter, with subsequent
well test finding MTBE in concentration of 0.021 mg/L, While the MTBE concentration accounts for the taste, it does not
account for the staining, Since this concentration is so close to the Drinking Water Advisory and, since, in the case of Key
West, concentrations have been shown to change over time, it is staff's recommendation that follow-up testing be done.
The property is adjacent to the GOCO Oil Company from which DEQ has identified a gasoline plume, DEQ immediately
contracted with Culligan to install and maintain a carbon filter on the Michie's well. DEQ approximates the cost to maintain
these filters at $3000 per year, Presently, that fee is being charged to GOCO.
During the deliberations on the Key West Subdivision ACSA Jurisdictional Amendment, carbon filtration was considered, At
that time, this solution was deemed too expensive,
. The Drinking Water Advisory states "There are over four to five orders of magnitude between the 20 to 40 micrograms per liter
range and concentrations associated with observed cancer and noncancerous effects in animals,"
,. "
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Kirtley Property/University of Virginia - Request to
amend the existing Jurisdictional Area designation
for Sewer Service.
AGENDA DATE:
September 3, 2008
ACTION:
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Set a public hearing to amend the Jurisdictional Area
Service designation and associated conditions to
proYide sewer service through a non-gravity line to the
existing warehouse building on Tax Map 59, Parcels
23B1. The property is located on the north side of
Route 250 West, adjacent to the Northridge Building.
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: Yes
STAFF CONTACT(S):
Messrs, Tucker, Foley, Kamptner, Cilimberg, Benish
REVIEWED BY:
LEGAL REVIEW: Yes
BACKGROUND:
The applicant is requesting an amendment to the current ACSA Jurisdictional Area designation to allow an existing
warehouse building to be served by a pumped sewer line as opposed to a gravity sewer line as required by the
conditions of approval for the existing Jurisdictional Area designation. The property is located on Route 250 West,
between the Northridge Building and the VoIyO of Charlottesville site. The property is zoned C-1, Commercial and is
designated as Rural Areas in the County ComprehensiYe Plan,
The Board of Supervisors amended the Jurisdictional Area designation for this parcel in 1984, granting conditional
sewer service to this parcel and the adjacent parcels to the east (Tax Map 59, Parcels 23B, 23C1, 23D, 23F). The
Jurisdictional Area designations were approyed with a condition that "sewer seryice is approyed only for the portions of
these parcels which can be totally graYity fed..." Parcels 23B, 23C, 23D, and 23F have subsequently each
demonstrated that the whole parcel can be served by gravity fed sewer.
The recently submitted preliminary site plan for the Long Term Acute Care Hospital (L TACH) (located on portions of
Parcels 23B and 23B1) demonstrated that both the L TACH building and the existing warehouse building on the Kirtley
property can be served by a gravity sewer line running along the northern boundary of the Kirtley and Northridge
parcels, generally parallel to the railroad right-of-way, consistent with the existing Jurisdictional Area designation.
However, the applicant would prefer to pump the sewer uphill and intercept the public sewer line serving the L TACH
facility as opposed to installing a lengthier and more expensive gravity line downhill to the warehouse. Aside from the
benefit to the applicant, the relocation of the line would provide protection of existing trees and vegetation that would
otherwise have to be removed to run the gravity line. The maintenance of this vegetation would allow for better
screening of the L TACH and Northridge sites from several adjacent residential properties located in Farmington (the
site is visible from at least one home),
STRATEGIC PLAN:
2, Protect the County's natural resources.
DISCUSSION:
The Comprehensive Plan provides the following recommendations concerning the provision of public water and sewer
service:
"General Principle: Urban Areas, Communities, and Villages are to be served by public water and sewer (p.
114),"
"ProYide water and sewer service only to areas within the ACSA Jurisdictional Areas (p. 130)."
"Follow the boundaries of the designated Deyelopment Areas in delineating Jurisdictional Areas (p.130)."
.. .
AGENDA TITLE: Kirtley Property/University of Virginia - Request to amend the existing Jurisdictional Area
designation for Sewer Service
September 3, 2008
Page 2
"Only allow changes in the Jurisdictional Areas outside of the designated Development Areas in cases where
the property is: 1) adjacent to existing lines; and 2) public health and/or safety is in danger (p, 130),"
By policy, public water and sewer services are intended to serve the designated Development Areas where growth is
encouraged and are to be discouraged in the Rural Areas because utility services are a potential catalyst to growth.
Sewer supply and system capacities need to be efficiently and effectively used and reserved to serve the Development
Areas. Continued connections of properties in the Rural Areas result in further extension of lines from the fringe of the
existing Jurisdictional Area and into the Rural Areas, potentially straining limited sewer capacity.
This request to modify the Jurisdictional Area designation is not consistent with the strict reading of the policy
regarding changes to the Jurisdictional Area for Rural Areas properties because there is no health or safety reason for
the requested modification. However, the applicant has demonstrated that the existing warehouse building can be
served by a gravity sewer line consistent with the current conditions of the Jurisdictional area designation, Therefore,
the requested change will have no impact on the leyel of sewer service provided to this site or to the Rural Areas.
This request to modify the Jurisdiction Area would allow for the warehouse to be served by a pumped sewer line.
While gravity service is preferred over pumped lines because of: 1) the greater potential for pump systems to fail due
to power outages and breakdowns, and; 2) the higher level of maintenance necessary for a pumped system over the
long-term life of the facility; this would be a private line and the responsibility for maintenance would be the property
owner's.
Installing the pumped sewer line would prevent the loss of approximately 30 trees, mostly mature white pines, along
the Northridge parking lot. These trees would have to be removed with the installation of a gravity line. This site
appears to be visible from at least one adjacent residence, New landscaping would be planted to replace these trees,
although locating the new landscaping will be more difficult to achieve in this area due to the new easement for the
sewer line (placement of trees within a utility easement is discouraged).
BUDGET IMPACT:
The property owner would bear all of the costs for connection to public water service.
RECOMMENDATIONS:
Based on the findings noted above, staff recommends that the Board hold a public hearing to amend the Jurisdictional
Area designation to Water and Sewer Service for Tax 59, parcel 23B1, which would eliminate the condition that the
site be served by gravity sewer service only.
ATTACHMENTS:
A - Location MaD and Jurisdictional Area Desiqnation
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SEPTEMEBER 3, 2008
CLOSED MEETING MOTION
I MOVE THAT THE BOARD GO INTO A CLOSED MEEETING
PURSUANT TO SECTION 2.2-3711(A) OF THE CODE OF VIRGINIA
. UNDER SUBSECTION (1) TO CONSIDER
APPOINTMENTS TO BOARDS, COMMITTEES, AND
COMMISSIONS;
. UNDER SUBSECTION (1) TO EVALUATE THE
PERFORMANCE OF A COUNTY DEPARTMENT WHICH
REQUIRES THE DISCUSSION OF THE PERFORMANCE
OF A SPECIFIC INDIVIDUAL;
. UNDER SUBSECTION (7) TO CONSULT WITH LEGAL
COUNSEL AND STAFF REGARDING SPECIFIC LEGAL
MATTERS REQUIRING LEGAL ADVICE REGARDING AN
AGREEMENT NECESSARY TO IMPLEMENT A FUNDING
SOURCE FOR PUBLIC SAFETY SERVICES; AND
. UNDER SUBSECTION (7) TO CONSULT WITH LEGAL
COUNSEL PERTAINING TO PROBABLE LITIGATION
REGARDING A CONSERVATION EASEMENT BECAUSE
SUCH CONSULTATION IN AN OPEN MEETING WOULD
ADVERSELY AFFECT THE NEGOTIATING OR
LITIGATING POSTURE OF THE COUNTY.
County of Albemarle
MEMORANDUM
TO:
Members of the Board of Supervisors
DATE:
Meagan Hoy, Senior Deputy Clerk lfYl i-{
September 3, 2008
FROM:
RE:
Vacancies on Boards and Commissions
Attached please find an updated listing of vacancies on boards and commissions
through December 2008 proyided for informational purposes only.
The following Boards and Commissions have been adyertised and applications were
receiyed as follows:
Board of BuildinQ Code Appeals: (1 yacancy)
No applications receiyed.
Jordan Development Corporation: (1 vacancy)
No applications receiyed.
Natural HeritaQe Committee: (1 yacancy)
Nancy Weiss
The following reappointments require action by the Board:
JAUNT Board:
Clifford Buys
Juan Wade
Natural Heritaqe Committee:
John Murphy
Rick Odem
Carleton Ray
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Ann H, Mallek
White Hall
COUNfY OF ALBEMARLE
Office of Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22902-4596
(434) 296-5843 FAX (434) 296-5800
Dennis S, Rooker
Jack Jouett
Kenneth C, Boyd
Rivanna
Undsay G. Dorrier, Jr,
Scottsville
David L. Slutzky
Rio
Sally H, Thomas
Samuel Miller
September 10, 2008
Mr. John Murphy
823 Old Turner Mountain Lane
Charlottesville, VA 22901
Dear Mr. Murphy:
At the Board of Supervisors meeting held on September 3, 2008, you were reappointed to the
Natural Heritage Committee, with said term to expire September 30,2012.
On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for
your willingness to continue serving the County in this capacity.
Sincerely,
L~~ L ~,.
,Kenneth C. Boyd
Chairman
KCB/mrh
cc: Commonwealth's Attorney
County Attorney
Scott Clark
@
Printed on recycled paper
Ann H, Mallek
WhiteHall
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mcintire Road
CharlottesvjIle, Virginia 22902-4596
(434) 296-5843 FAX (434) 296-5800
Dennis S, Rooker
Jack Jouett
Kenneth C. Boyd
Rivanna
Lindsay G, Dorrier, Jr.
Srottsville
David L. Slutzky
Rio
Sally H, Thomas
Samuel Miller
September 10,2008
Mr. Rick Odem
2303 Whippoorwill Road
Charlottesville, VA 22901
Dear Mr. Odem:
At the Board of Supervisors meeting held on September 3, 2008, you were reappointed to the
Natural Heritage Committee, with said term to expire September 30, 2012.
On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for
your willingness to continue serving the County in this capacity.
Sincerely,
tL~c ~-
Kenneth C. Boyd
Chairman
KCB/mrh
cc: Commonwealth's Attorney
County Attorney
Scott Clark
@
Printed on recycled paper
Kenneth C, Boyd
Rivanna
COUNfY OF ALBEMARLE
Office of Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22902-4596
(434) 296-5843 FAX (434) 296-5800
Lindsay G, Dorrier, Jr,
Seoltsville
Ann H. Mallek
WhiteHall
September 10, 2008
Mr. Carleton Ray
2686 Cedar Knoll Lane
Charlottesville, VA 22901" \~r-..
DearM~~ ~.
At the Board of Supervisors meeting held on September 3, 2008, you were reappointed to the
Natural Heritage Committee, with said term to expire September 30,2012,
On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for
your willingness to continue serving the County in this capacity.
Sincerely,
~v-
Kenneth C. Boyd
Chairman
KCB/mrh
cc: Commonwealth's Attorney
County Attorney
Scott Clark
@
Printed on recycled paper
Dennis S, Rooker
Jaek Jouett
David L. Slutzky
Rio
Sally H. Thomas
Samuel Miller
Ann H, Mallek
White Hall
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22902-4596
(434) 296-5843 FAX (434) 296-5800
Dennis S, Rooker
Jack Jouett
Kenneth C, Boyd
Rivanna
Undsay G, Dorrier, Jr.
Scottsville
David L. Slutzky
Rio
Sally H, Thomas
Samuel Miller
September 10,2008
Mr. Juandiego Wade
401 Mcintire Road
CharlottesYille, VA 22902
~
DearMr~e: ,j
At the Board of Supervisors meeting held on September 3, 2008, you were reappointed to the
JAUNT Board with said term to expire September 30,2011.
On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for
your willingness to serve the County in this capacity.
Sincerely,
~
Kenneth C. Boyd
Chairman
KCB/mrh
cc: Commonwealth's Attorney
County Attorney
Donna Shaunesey
@
Printed on recycled paper
Ann H, Mallek
White Hall
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22902-4596
(434) 296-5843 FAX (434) 296-5800
Dennis S. Rooker
Jack Jouett
Kenneth C. Boyd
Rivanna
Lindsay G. Dorrier, Jr,
Scottsville
David L. Slutzky
Rio
Sally H, Thomas
Samuel Miller
September 10, 2008
Mr. Clifford Buys
250 Pantops Mountain Road
Charlottesville, VA 22911
Dear Mr. Buys:
At the Board of Supervisors meeting held on September 3, 2008, you were reappointed to the
JAUNT Board with said term to expire September 30, 2011.
On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for
your willingness to serve the County in this capacity.
Sincerely,
lL~ c ~-r--
Kenneth C. Boyd
Chairman
KCB/mrh
cc:~monwealth's Attorney
County Attorney
Donna Shaunesey
@
Printed on recycled paper
Allan D, Sumpter
Charlottesville Residency Administrator
Virginia Department of Transportation
701 VDOT Way
Charlottesville, VA 2291 I
~
.
CHARLOTTESVILLE RESIDENCY MONTHLY REPORT
AUGUST 2008
ALBEMARLE COUNTY BOS ACTION ITEMS
David Slutzky
. Mowing on Rio Road - Mowing was completed by contractor forces the week of August 11 th,
Vegetation control work (spraying and trimming) continues on roadways with curb sections in
the urban areas.
Ken Boyd
. Safety Implementations on Route 29 at Forest Lakes - Vegetation work to improve site
distance on Route 29 North is complete. Traffic engineering staff is performing design work
associated with the installation of the new flashing warning system to be installed later in the
fall.
Dennis Rooker
. Pavement Markings at Pedestrian Crosswalks - Traffic Engineering staff has investigated the
possibility of using alternative pavement markings (yellow-green paint) at crosswalks. Several
states and municipalities have utilized these markings in recent years on an experimental basis
granted by the FHW A. A study concluded these markings did not improve safety and the
agency has ruled no further applications will be allowed. A copy of the FHW A's ruling is
attached to this report.
. illegal Signs on Right-of-Way - County and VDOT have met to discuss roles and relationships
in policing illegal signs. County staff was presented with a copy of a sample agreement used
between VDOT and other localities that would allow the county to assess civil penalties upon
offenders, Should the county wish to proceed, any edits to the agreement would require review
by VDOT's Central Office and the Attorney General's Office. County staff will be providing
future updates to the Board.
Ann Mallek
. Sight Distance Issue at Woodlands Road (Route 676) & Reas Ford (Route 660)- Discussions
with the property owner have led to an agreement to relocate a section of shrubbery to improve
sight distance at this location, Due to extremely dry conditions, work will not be done to
relocate the shrubbery until conditions conducive to promoting plant life improve,
. Drainage Issues in Advance Mills Area - The Free Union Area Headquarters has been advised
to monitor problems caused by leaves and debris as the fall season approaches.
Sally Thomas
. Dry Bridge - Buckingham Branch Railroad Company (BBRC) has informed VDOT they are
continuing to work to secure materials to perform a full bridge deck replacement in addition to
the previously scheduled beam repairs. BBRC indicates work will be scheduled as quickly as
possible when these materials arrive, Further updates will be provided as information is
received.
. Share The Road Signing - A request was made to investigate what signing could possibly be
installed on rural routes to alert motorists of bicycle use. VDOT's method is the application of
"Share the Road" signing with bicycle symbols. A review will be done to ensure that signing
on rural roadways is in alignment with the county's designated bicycle routes.
Lindsay Dorrier
Page 1 of4
Virginia Department of Transportation
701 VDOT Way
Charlottesville, VA 22911
· Walton School Entrance (Route 20/Route798) - A safety review of this location by VDOT
Traffic Engineering has been requested.
· James River Road - Bridge rehabilitation work has been completed. A safety review is
underway at the requested location on Route 726.
CONSTRUCTION
Active Construction Projects
(NFO) BR07-002-305, C501 Deck Repairs and Latex Overlay to 1-64 WBL Bridae over Stockton Creek
· Defective bridge deck expansion joint replaced on Aug 20 to complete this project.
0601-002-6261. SR02 Repair bridae beam by heat straiahtenina
· Heat straightening is complete. Metal diaphragms are being replaced this week. Scheduled to paint
repaired areas on Sunday night to complete project.
PM-7B-08 Scheduled Asphalt Overlay
· Scheduled area of Rtes. 604 and 670 in Greene Co. complete. Currently paving scheduled area of Rte.
810 in Albemarle Co.
627 -039-195. M501 Grade and drainaae improvements with box culvert and asphalt pavina
· Contractor is scheduled to begin work on project at the end of Aug.
PRELIMINARY ENGINEERING
Albemarle County
· Route 631 Meadow Creek Parkway, 0631-002-128, C502, B612, B657
Utility relocation work remains ongoing, Design staff has been working on final revisions and
administrative issues to allow a fall advertisement.
· Meadow Creek Parkway, UOOO-104-102 (City portion)
City Council has approved a resolution to provide construction easements. Design staff has
been working on final revisions and administrative issues to allow a fall advertisement.
· Route 691 Jarmans Gap Road, 0691-002-158, C50l
VDOT continues to work on the administrative issues to allow the section of the project from
Crozet A venue to Carter Street to be constructed by the county as part of the Crozet Streetscape
Project (Phase II). Other ongoing work has included utility field inspection work to finalize
easements, and review of traffic management plans.
· Route 656 Georgetown Road, 0656-002-254, C501
Preliminary design work is continuing. A progress meeting will be held in September.
· Route 743 Advance Mills Bridge, 0743-002-282 P101, R201, C501, B658 (Permanent Replacement
Project) The public hearing package is currently under review by VDOT Central Office staff.
The next steps will include the right-of-way acquisition and utility relocation phases. The
project remains on schedule for an early 2009 advertisement.
RURAL RUSTIC ROAD UPDATE
ROUTE
Route 806 (Estes RidQe Road)
Route 765/668 (Walnut Level Road)
ANTICIPATED START DATE
Base stone laid; tar & Qravel 9/2/08
One cross pipe installed and out ends of
other pipes cleaned out; Class I rip rap
placed on outlet end; will be pulling ditches
and installinQ pipes in September
Mid November and progress through the
winter with paving in the spring,
Route 722 (Green Mountain Road)
Page 2 of4
Virginia Department of Transportation
701 VDOT Way
Charlottesville, VA 22911
PLANNING, PERMITS AND LAND DEVELOPMENT
Land Development Items
Total This
Month
S ecial Use Permits and Rezonin A lication Review
Site Plan Reviews for new Subdivisions
New Entrance Plan Reviews
Total Permits Processed
Ins ection of new Subdivision Street conducted
Ins ection of new entrance conducted
Miles of Street Acce ted in the State S stem
TRAFFIC ENGINEERING
8
10
4
61
37
122
1.17
Total This
Fiscal
Year
8
10
4
61
37
122
1.17
Completed
RTE LOCATION REQUEST STATUS
Being reviewed
RTE LOCATION REQUEST STATUS
Reports finalized; 45 mph speed
Rt729 Rt 53 to 618 Speed study limit being recommended.
Forwarding to Police and then
Central Office for approval.
Reports finalized; 45 mph speed
Rt 618 Rt 53 to 620 Speed study limit being recommended,
Forwarding to Police and then
Central Office for approval.
Two way left turn lane
Rt250 Pantops (Safety, access and Field modifications being drafted
pavement markinq review)
Pavement marking review; Scheduling lane striping
Rt29 Hollymead to Proffitt request lane shift modifications. Pavement widening
completed.
Field modifications being drafted.
Rts 631/743 Rio & Hydraulic Pedestrian Study New bicycle lane markings have
been completed on Rio Road west
and Hydraulic,
MAINTENANCE WORK COMPLETED
· Patching operations completed on Routes 20, 22, 606 (Dickerson), 627 (Warren Ferry), 630 (Green
Creek), 693 (Burnt Mtn), 696 (Edge Valley), 704 (Fortune), 726 (James River), 764 (Link Evans),
844 (Panaroma), 1030 (Lonicera Way), 1301 (Bird), 1409 (Woodstock), 1411 (Inglewood), 1560
(Stanley), 1616 (Thrush)
· Graded and replaced stone on Rt 606 (Dickerson), 629 (Browns Gap), 633 (Heards Mtn), 641
(Bumley Station), 643 (Rio Mills), 661 (Reas Ford), 668 (Fox Mtn), 689 (Pounding Creek), 694
(Miller lake), 695 (Crown Orchard), 712 (Coles Rolling), 722 (Old Green Mtn), 723 (Sharon), 724
(Lewiston Ford), 735 (Mt Alto), 737 (Mtn Vista), 761 (Briery Creek), 792 (Stump Town)
· Mowing on Routes 250,600 (Stony Point Pass), 601 (Free Union/Old Ivy), 618 (Jefferson mill), 622
(Albevanna Springs), 631 (5th StI Rio), 633 (Cove Garden), 634 (Heards Mtn), 636 (Batesville),
637 (Dickwoods), 642 (Depot), 668 (Chapel Springs), 672 (Blufton), 674 (Clark), 676 (Tilman), 678
(Shifflett Mill), 697 (Sutherland), 706 (Dudley Mtn), 708 (Secretary Sand), 726 (James River),
760 (Red Hill School), 761 (Briery Creek), 762 (Rose Hill Church), 774 (Bear Creek), 795 (Blenheim)
Page 3 of 4
Virginia Department of Transportation
701 VDOT Way
Charlottesville, VA 22911
.
1165 (Southern Parkway)
Cleared pipes and ditch work on Routes 29, 600 (Watts Passage/Stony Point Pass), 631 (Old Lynchburg),
641 (Burnley Station), 664 (Markwood), 678 (Ridge), 742 (Avon St), 760 (Red Hill), 766 (Pea Ridge),
1301 (Bird), 1545 (old Orchard)
Tree cleanup on Routes 29, 601 (Free Union), 608 (Happy Creek), 631 (5th St), 635 (Craigs Store
Miller School), 637 (Dickwoods), 640 (Gilbert Station), 671 (Davis Shop), 676 (Woodlands), 691
(Castle Rock), 693 (Stillhouse Creek), 1112 (Mountainwood), 1403 (Berkmar), 1515 (Airport Acres)
Trash pickup to include adopt-a highway pickups on Routes on 250
Dust Control on Routes 613 (Giannini), 617 (Rockfish River), 630 (Green Creek), 633 (Cove Garden),
· (Blacks), 643 (Rio Mills), 661 (Reas ford), 662 (Bleakhouse), 678 (Ridge), 699 (Boaz), 701
(Alberene Church), 703 (Pocket), 711 (Burton), 712 (Coles Rolling), 713 (Glendower), 721 (Old
Dominion), 722 (Green Mtn), 723 (Sharon), 724 (Lewiston Ford), 735 (Mt Alto), 760 (Red Hill School),
761 (Briery Creek), 774 (Bear Creek), 792 (Stump Town), 793 (Serene), 829 (Horseshoe Bend), and
856 (Burton),
Drain Cleaning on Routes 250, 635 (Miller School), 736 (White Mtn),
Pipe Cleaning on Routes 677 (Bloomfield), 684 (Patterson Mill), and 810 (White Hall)
Bridge deck work on Routes 726 (James River),
Rural Rustic Road work on Route 806 (Estes), 668 (Walnut Level) and 765 (Walnut Level),
.
.
.
.
.
.
.
PLANNED MAINTENANCE WORK - SEPTEMBER 2008
· Summer maintenance activities are continuing on various routes. They include:
o Pavement patching
o Ditching operations
o Machining and adding stone to gravel roads
o Dust Control
o Pipe rehabilitation and replacement
o Cleaning drop inlets and storm drains
o Tree trimming and removal
o Guardrail mowing
MAINTENANCE BUDGET
r--; - -TOTAL MAINT BUDGET I
; _FORECASTED EXPENDITURES
I """':'--CUMULA TIVE ACTUAL
15
//I
C
o,g
- ~~~ ~
v
.-...r-
~
- 5
~
~
o
Jul-08 Aug-08 Sep-08 Oct-08 Nav-08 Dee-08 Jan-09 Feb-09 Mar-09 Apr-09 May-09 Jun-09
Months
Page 4 of4
~J
u.s, Department
of Transportation
Federal Highway
Administration
400 Seventh S1., S.w.
Washington, D,C, 20590
December 21, 2006
In Reply Refer To: HOTO-1
Mr. Manny Ojeda
Director
Department of Public Works
800 Broadway
Paterson, NJ 07505
Dear Mr. Ojeda:
Your agency previously wrote to the Federal Highway Administration (FHW A) requesting
permission to experiment with yellow-green crosswalk markings, which do not comply
with the national standards contained in the Manual on Uniform Traffic Control Devices
(MUTCD), Your agency's experimentation request was numbered 7-43(Ex), At this time,
we are writing to all agencies that have previously corresponded with FHW A regarding
these markings to notify them that the experimentations are being terminated.
Most experimenting jurisdictions have used the yellow-green markings at only a relatively
few crosswalks and none have submitted any follow-up evaluations or data. However, the
city of Chicago, illinois, implemented these markings at well over 100 school crosswalks
over a period of several years and completed a comprehensive scientific evaluation of the
effects of the markings. Chicago's study found that the yellow-green crosswalk markings
did not improve any quantifiable measures of effectiveness such as crashes or measured
speeds. The study also found through surveys and interviews that the vast majority of
school crossing guards, school principals, and parents believe that the yellow-green
markings did not help to increase driver awareness, reduce speeds, improve yielding
behaviors, or make the crosswalks feel safer to pedestrians, A copy of the Chicago study is
enclosed for your reference.
The FHW A has concluded from the Chicago study that yellow-green crosswalk markings
do not improve crosswalk safety. Therefore, we are hereby terminating all previously
approved experimentations with these markings and no further requests will be approved.
It is not necessary that existing yellow-green markings be removed immediately, They
may be allowed to wear out and not be replaced in kind, At the next scheduled
maintenance refurbishment of the crosswalks, the crosswalks should be marked with
standard white markings only,
~..ting 50
X' ~
o~.....- "~~
1956 . 2:;
~... ,. ,p~
~ 'C~.
o"'e.,. Interat,e.t.0
2
We appreciate your agency's interest in these markings as well as your interest in traffic
safety and operations, If there are any questions about this matter, please feel free to
contact Mr. Scott Wainwright of our staff bye-mail at scott.wainwri2ht@dot.20v or by
telephone at 202-366-0857.
Sincerely yours,
Anthony T. Furst
Acting Director, Office of Transportation
Operations
Enclosure
FHW A:HOTO-1 :SWainwrightds:60857: 12-21-06
cc: HOTO-1 HOTO-1 (HKalla/SWainwright/PRusch)
Mr. Martin Knopp, HRC-MW Mr. Pat Hasson, HRC-MW
HDA-NJ(2) Mr. Roger Wentz, ATSSA Mr. Jim Baron, ATSSA
Mr, Ed Rice, HSA-lO Chron 3408 Reader 3408
DF(7-43(Ex))
M:\MUTCD\EXPERIME\ Various(Ex) Y -G Crosswalk Markings- Termination.doc
CERTIFICATE OF ACCEPTANCE OF TERMS
The undersigned County Executive of Albemarle County, Virginia (the "County"),
certifies as follows:
1. Pursuant to a resolution (the "Resolution") of the Board of Supervisors of the
County, adopted on September 3, 2008, he has accepted the terms of the County's General
Obligation School Bonds, Series 2008A (the "Bonds"), as set forth in this certificate,
2. The Bonds shall be in the aggregate principal amount of $28,045,000, shall be
sold to the Virginia Public School Authority for a purchase price of 102,5853% of the principal
amount, shall have a true interest cost of 4,73392% and shall have a final maturity date of
July 15, 2028. Principal shall be payable on the dates and in the amounts and the Bonds shall
bear interest at rates and on the dates, all as set forth on Exhibit A.
3. The principal amounts, interest rates, purchase price, true interest cost and final
maturity date accepted with respect to the Bonds are within the limitations of the Resolution,
4. A copy of this certificate has been filed with the office of the Clerk of the Board
of Supervisors on the date hereof.
Dated December k 2008.
EXHIBIT A
BOND DEBT SERVICE
Virginia Public School Authority
Albemarle County (Non-subsidized)
Series 2008B
Dated Date 12/11/2008
Delivery Date 12/1 I12008
Period Annual
Ending Principal Coupon Interest Debt Service Debt Service
07/15/2009 1,405,000 4.100% 818,859.11 2,223,859.11
01/1 5/2010 659,957.50 659,957,50 2,883,816,61
07/15/2010 1,405,000 5.100% 659,957,50 2,064,957.50
01/15/2011 624,130,00 624,130,00 2,689,087.50
07/15/2011 1,405,000 5,100% 624,130.00 2,029,130,00
01/15/2012 588,302,50 588,302,50 2,617,432,50
07/15/2012 1,405,000 3,600% 588,302.50 1,993,302.50
01/15/2013 563,012,50 563,012.50 2,556,315.00
07/1 5/201 3 1,405,000 4.100% 563,012.50 1,968,012.50
01/15/2014 534,210,00 534,210.00 2,502,222.50
07/1 5/20 14 1,405,000 4.100% 534,210,00 1,939,210,00
01/15/2015 505,407.50 505,407.50 2,444,617.50
07/15/2015 1,405,000 4.100% 505,407,50 1,910,407.50
01/15/2016 476,605.00 476,605,00 2,387,012,50
07/15/2016 1,405,000 5.100% 476,605.00 1,881,605.00
01/1 5/2017 440,777.50 440,777,50 2,322,382.50
07/15/2017 1,405,000 5.100% 440,777.50 1,845,777.50
01/15/2018 404,950.00 404,950,00 2,250,727.50
07/1 5/2018 1,400,000 5,100% 404,950,00 1,804,950.00
01115/2019 369,250,00 369,250.00 2,174,200.00
07/15/2019 1,400,000 5,350% 369,250.00 1,769,250.00
01/1 5/2020 331,800,00 331,800,00 2,101,050,00
07/15/2020 1,400,000 5,350% 331,800.00 1,731,800,00
01/1 5/2021 294,350.00 294,350.00 2,026,150.00
07/15/2021 1,400,000 5,350% 294,350,00 1,694,350.00
01/1 5/2022 256,900.00 256,900,00 1,951,250.00
07/15/2022 1,400,000 5,350% 256,900.00 1,656,900,00
01/1 5/2023 219,450.00 219,450.00 1,876,350.00
07115/2023 1,400,000 5.350% 219,450.00 1,6 I 9,450.00
01/1 5/2024 182,000,00 182,000,00 1,801,450,00
07/15/2024 1,400,000 5.350% 182,000,00 1,582,000,00
01/15/2025 144,550.00 144,550,00 1,726,550.00
07/15/2025 1,400,000 5.350% 144,550,00 1,544,550.00
01/15/2026 107,100.00 107,100.00 1,651,650.00
07/15/2026 1,400,000 5.100% 107,100.00 1,507,100,00
01/1 5/2027 71,400,00 7 I ,400.00 1,578,500.00
07/15/2027 1,400,000 5.100% 7 I ,400.00 1,471,400,00
01/1 5/2028 35,700.00 35,700.00 1,507,100.00
07/15/2028 1,400,000 5.100% 35,700,00 1,435,700.00
01/1 5/2029 1,435,700,00
28,045,000 14,438,564.11 42,483,564.11 42,483,564,11
Nov 26, 2008 II :36 am Prepared by BB&T Capital Markets
Page 2
..
RESOLUTION AUTHORIZING THE ISSUANCE OF
GENERAL OBLIGATION SCHOOL BONDS, SERIES 2008A,
OF THE COUNTY OF ALBEMARLE, VIRGINIA,
IN A PRINCIPAL AMOUNT NOT TO EXCEED $30,765,000
TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR THE FORM AND DETAILS THEREOF
WHEREAS, the School Board (the "School Board") of the County of Albemarle,
Virginia (the "County"), has, by resolution adopted on August 14, 2008, requested the
Board of Supervisors (the "Board") to authorize the issuance of the Bonds (as hereinafter
defined) and consented to the issuance of the Bonds; and
WHEREAS, the Board has determined that it is necessary and expedient to borrow
an amount not to exceed $30,765,000 and to issue its general obligation school bonds for
the purpose of financing certain capital projects for school purposes; and
WHEREAS, the County held a public hearing, duly noticed, on September 3,2008,
on the issuance of the Bonds in accordance with the requirements of Section 15.2-2606,
Code of Virginia 1950, as amended (the "Virginia Code"); and
WHEREAS, the Bond Sale Agreement (as hereinafter defined) shall indicate that
$30,765,000 is the amount of proceeds requested (the "Proceeds Requested") from the
Virginia Public School Authority (the "VPSA") in connection with the sale of the Bonds; and
WHEREAS, VPSA's objective is to pay the County a purchase price for the Bonds
which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price
Objective"), taking into consideration such factors as the amortization schedule the County
has requested for the Bonds relative to the amortization schedules requested by other
localities, the purchase price to be received by VPSA for its bonds and other market
conditions relating to the sale of VPSA's bonds; and
WHEREAS, such factors may result in the Bonds having a purchase price other
than par and consequently (i) the County may have to issue a principal amount of Bonds
that is less than the Proceeds Requested in order to receive an amount of proceeds that is
substantially equal to the Proceeds Requested, or (ii) if the maximum authorized principal
amount of the Bonds set forth in Section 1 below does not exceed the Proceeds
Requested by at least the amount of any discount, the purchase price to be paid to the
County, given the VPSA Purchase Price Objective and market conditions, will be less than
the Proceeds Requested,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ALBEMARLE, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The Board hereby
determines that it is advisable to contract a debt and issue and sell its general obligation
school bonds in an aggregate principal amount not to exceed $30,765,000 (the "Bonds")
for the purpose of financing certain capital projects for school purposes, including without
limitation, the projects as described in Exhibit B. The Board hereby authorizes the
issuance and sale of the Bonds in the form and upon the terms established pursuant to
this Resolution,
2. Sale of the Bonds. It is determined to be in the best interest of the
County to accept the offer of VPSA to purchase from the County, and to sell to VPSA,
the Bonds at a price, determined by VPSA to be fair and accepted by the Chairman of
the Board and the County Executive, either of whom may act [that is substantially equal
to the Proceeds Requested, except that the Bonds may be sold for a purchase price not
lower than 95% of the Proceeds Requested if issuing the Bonds in the maximum
principal amount authorized by Section 1 of this Resolution is insufficient, given the
VPSA Purchase Price Objective and market conditions, to generate an amount of
proceeds substantially equal to the Proceeds Requested]. The Chairman of the Board
and the County Executive, either of whom may act and such other officer or officers of
the County as either may designate, any of whom may act, are hereby authorized and
directed to enter into a Bond Sale Agreement dated as of October 10, 2008 (the "Bond
Sale Agreement"), with VPSA providing for the sale of the Bonds to VPSA. The Bond
Sale Agreement shall be in substantially the form submitted to the Board at this
meeting, which form is hereby approved with such completions, omissions, insertions
and changes not inconsistent with this Resolution as may be approved by the officer
executing the Bond Sale Agreement, his execution to constitute conclusive evidence of
his approval of any such completions, omissions, insertions and changes,
3. Details of the Bonds, The Bonds shall be issued in fully registered form,
dated the date of issuance and delivery of the Bonds; shall be designated "General
Obligation School Bonds, Series 2008A"; shall bear interest from the date of delivery
thereof payable semi-annually on each January 15 and July 15 beginning July 15, 2009
(each an "Interest Payment Date"), at the rates established in accordance with Section 4 of
this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date")
and in the amounts set forth on Schedule I attached hereto (the "Principal Installments"),
subject to the provisions of Section 4 of this Resolution,
4. Interest Rates and Principal Installments. The County Executive is
hereby authorized and directed to accept the interest rates on the Bonds established by
VPSA, provided that each interest rate shall be ten one-hundredths of one percent
(0.10%) over the interest rate to be paid by VPSA for the corresponding principal payment
date of the bonds to be issued by VPSA (the "VPSA Bonds"), a portion of the proceeds of
which will be used to purchase the Bonds, and provided further that the true interest cost
of the Bonds does not exceed five and fifty one-hundredths percent (5.50 %) per annum.
The Interest Payment Dates and the Principal Installments are subject to change at the
request of VPSA. The County Executive is hereby authorized and directed to accept
changes in the Interest Payment Dates and the Principal Installments at the request of
VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the
amount authorized by this Resolution and provided further that the final maturity of the
2
Bonds occurs no later than December 31,2028. The execution and delivery of the Bonds
as described in Section 8 hereof shall conclusively evidence such interest rates
established by VPSA and Interest Payment Dates and the Principal Installments requested
by VPSA as having been so accepted by the County Executive as authorized by this
Resolution.
5. Form of the Bonds, The Bonds shall be initially in the form of a single,
temporary typewritten bond substantially in the form attached hereto as Exhibit A.
6. Payment; Payina Aaent and Bond Reaistrar, The following provisions
shall apply to the Bonds:
(a) For as long as VPSA is the registered owner of the Bonds, all payments of
principal, premium, if any, and interest on the Bonds shall be made in immediately
available funds to VPSA at, or before 11 :00 a,m. on the applicable Interest Payment Date,
Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a
business day for Virginia banks or for the Commonwealth of Virginia, then at or before
11 :00 a,m. on the business day next succeeding such Interest Payment Date, Principal
Payment Date or date fixed for prepayment or redemption.
(b) All overdue payments of principal and, to the extent permitted by law,
interest shall bear interest at the applicable interest rate or rates on the Bonds.
(c) U.S. Bank National Association, Richmond, Virginia, is designated as bond
registrar and paying agent for the Bonds (the "Bond Registrar"), The County may, in its
sole discretion, replace at any time the Bond Registrar with another qualified bank or trust
company as successor Bond Registrar.
7. Prepayment or Redemption. The Principal Installments of the Bonds held
by VPSA coming due on or before July 15, 2018, and the definitive Bonds for which the
Bonds held by VPSA may be exchanged that mature on or before July 15, 2018, are not
subject to prepayment or redemption prior to their stated maturities. The Principal
Installments of the Bonds held by VPSA coming due after July 15, 2018, and the definitive
bonds for which the Bonds held by VPSA may be exchanged that mature after July 15,
2018, are subject to prepayment or redemption at the option of the County prior to their
stated maturities in whole or in part, on any date on or after July 15, 2018, upon payment
of the prepayment or redemption prices (expressed as percentages of Principal
Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth
below plus accrued interest to the date set for prepayment or redemption:
Dates
Prices
July 15, 2018, through July 14, 2019
July 15, 2019, through July 14, 2020
July 15, 2020, and thereafter
101%
1001'2
100
3
Provided, however, that the Bonds shall not be subject to prepayment or
redemption prior to their stated maturities as described above without first obtaining the
written consent of VPSA or the registered owner of the Bonds. Notice of any such
prepayment or redemption shall be given by the Bond Registrar to the registered owner by
registered mail not more than ninety (90) and not less than sixty (60) days before the date
fixed for prepayment or redemption.
8. Execution of the Bonds. The Chairman or Vice Chairman of the Board,
either of whom may act, and the Clerk of the Board or any Deputy Clerk, either of whom
may act, are authorized and directed to execute and deliver the Bonds and to affix the seal
of the County thereto.
9. Pledae of Full Faith and Credit. For the prompt payment of the principal of
and premium, if any, and the interest on the Bonds as the same shall become due, the full
faith and credit of the County are hereby irrevocably pledged, and in each year while any
of the Bonds shall be outstanding there shall be levied and collected in accordance with
law an annual ad valorem tax upon all taxable property in the County subject to local
taxation sufficient in amount to provide for the payment of the principal of and premium, if
any, and the interest on the Bonds as such principal, premium, if any, and interest shall
become due, which tax shall be without limitation as to rate or amount and in addition to all
other taxes authorized to be levied in the County to the extent other funds of the County
are not lawfully available and appropriated for such purpose,
10. Use of Proceeds Certificate and Certificate as to Arbitraae. The
Chairman of the Board, the County Executive and such other officer or officers of the
County as either may designate, any of whom may act, are hereby authorized and
directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each
setting forth the expected use and investment of the proceeds of the Bonds and containing
such covenants as may be necessary in order to show compliance with the provisions of
the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations
relating to the exclusion from gross income of interest on the Bonds and on the VPSA
Bonds, The Board covenants on behalf of the County that (i) the proceeds from the
issuance and sale of the Bonds will be invested and expended as set forth in such
Certificate as to Arbitrage and such Use of Proceeds Certificate and that the County shall
comply with the other covenants and representations contained therein and (ii) the County
shall comply with the provisions of the Code so that interest on the Bonds and on the
VPSA Bonds will remain excludable from gross income for Federal income tax purposes,
11. State Non-Arbitraae Proaram: Proceeds Aareement. The Board hereby
determines that it is in the best interests of the County to authorize and direct the Director
of Finance to participate in the State Non-Arbitrage Program in connection with the Bonds.
The Chairman of the Board, the County Executive and such officer or officers of the
County as either may designate, any of whom may act, are hereby authorized and
directed to execute and deliver a Proceeds Agreement with respect to the deposit and
investment of proceeds of the Bonds by and among the County, the other participants in
the sale of the VPSA Bonds, VPSA, the investment manager and the depository,
4
substantially in the form submitted to the Board at this meeting, which form is hereby
approved, with such completions, omissions, insertions and changes not inconsistent with
this Resolution as may be approved by the officer executing such Proceeds Agreement,
his execution to constitute conclusive evidence of his approval of any such completions,
omissions, insertions and changes.
12. Continuina Disclosure Aareement. The Chairman of the Board, the
County Executive and such other officer or officers of the County as either may designate,
any of whom may act, are hereby authorized and directed to execute a Continuing
Disclosure Agreement, substantially in the form attached as Appendix F to the Bond Sale
Agreement, setting forth the reports and notices to be filed by the County and containing
such covenants as may be necessary in order to show compliance with the provisions of
the Securities and Exchange Commission Rule 15c2-12, under the Securities Exchange
Act of 1934, as amended, and directed to make all filings required by Section 3 of the
Bond Sale Agreement should the County be determined by VPSA to be a MOP (as
defined in the Continuing Disclosure Agreement).
13. Filina of Resolution. The appropriate officers or agents of the County are
hereby authorized and directed to cause a certified copy of this Resolution to be filed with
the Circuit Court of the County,
14. Further Actions, The members of the Board and all officers, employees
and agents of the County are hereby authorized to take such action as they or anyone of
them may consider necessary or desirable in connection with the issuance and sale of the
Bonds and any such action previously taken is hereby ratified and confirmed.
15. Effective Date. This Resolution shall take effect immediately.
* * *
The undersigned Clerk of the Board of Supervisors of the County of Albemarle,
Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the
minutes of a meeting of the Board of Supervisors held on September 3, 2008, and of the
whole thereof so far as applicable to the matters referred to in such extract. I hereby
further certify that such meeting was a regularly scheduled meeting and that, during the
consideration of the foregoing resolution, a quorum was present.
Members present at the meeting were: Mr. Kenneth C. Boyd. Mr. Lindsay G.
Dorrier. Jr., Ms. Ann H, Mallek, Mr. Dennis S, Rooker, Mr, David Slutzky and Ms. Sally
H. Thomas.
Members absent from the meeting were: None,
5
Members voting in favor of the foregoing resolution were: Mr. Kenneth C. Boyd,
Mr. Lindsay G. Dorrier, Jr., Ms. Ann H. Mallek, Mr. Dennis S. Rooker, Mr. David Slutzky
and Ms, Sally H. Thomas.
Members voting against the foregoing resolution were: None,
Members abstaining from voting on the foregoing resolution were: None.
WITNESS MY HAND and the seal of the Board of Supervisors of the County of
Albemarle, Virginia, this 3rd day of September, 2008.
Ji LtvW.!~
Clerk, Board of Supervisors of the County
of Albemarle, Virginia
[SEAL]
6
Preliminary Sizing
8/27/2008
Time 2:50pm
Albemarle County
Non-Subsidized Local School Bond
Fiscal
Principal Rate Interest Total Total
7/15/2009 $1,540,000 4.100% $891,133.06 $2,431,133.06 $0.00
1/15/2010 0 651,000,00 651,000,00 3,082,133.06
7/15/2010 1,540,000 4.100% 651,000.00 2,191,000,00 0.00
1/15/2011 0 619,430.00 619,430,00 2,810,430.00
7/15/2011 1,540,000 4,100% 619,430.00 2,159,430.00 0,00
1/15/2012 0 587,860.00 587,860,00 2,747,290.00
7/15/2012 1,540,000 4.100% 587,860.00 2,127,860.00 0,00
1/15/2013 0 556,290.00 556,290.00 2,684,150.00
7/15/2013 1,540,000 4.100% 556,290.00 2,096,290.00 0.00
1/15/2014 0 524,720.00 524,720,00 2,621,010.00
7/15/2014 1,540,000 4.350% 524,720,00 2,064,720.00 0.00
1/15/2015 0 491,225.00 491,225,00 2,555,945.00
7/15/2015 1,540,000 4,350% 491,225.00 2,031,225,00 0.00
1/15/2016 0 457,730.00 457,730.00 2,488,955.00
7/15/2016 1,540,000 4.350% 457,730.00 1,997,730.00 0.00
1/15/2017 0 424,235.00 424,235.00 2,421,965.00
7/15/2017 1,540,000 4.600% 424,235,00 1,964,235.00 0.00
1/15/2018 0 388,815,00 388,815.00 2,353,050.00
7/15/2018 1,540,000 4.600% 388,815.00 1,928,815.00 0.00
1/15/2019 0 353,395,00 353,395,00 2,282,210.00
7/15/2019 1,540,000 4.600% 353,395,00 1,893,395.00 0,00
1/15/2020 0 317,975.00 317,975.00 2,211,370.00
7/15/2020 1,540,000 4.600% 317,975,00 1,857,975,00 0,00
1/15/2021 0 282,555.00 282,555,00 2,140,530.00
7/15/2021 1,540,000 4,600% 282,555,00 1,822,555.00 0.00
1/15/2022 0 247,135.00 247,135,00 2,069,690.00
7/15/2022 1,535,000 4.600% 247,135.00 1,782,135.00 0.00
1/15/2023 0 211,830.00 211,830.00 1,993,965.00
7/15/2023 1,535,000 4.600% 211,830.00 1,746,830.00 0.00
1/15/2024 0 176,525,00 176,525.00 1,923,355.00
7/15/2024 1,535,000 4.600% 176,525.00 1,711,525.00 0,00
1/15/2025 0 141,220,00 141,220.00 1,852,745.00
7/15/2025 1,535,000 4.600% 141,220.00 1,676,220.00 0.00
1/15/2026 0 105,915.00 105,915,00 1,782,135.00
7/15/2026 1,535,000 4.600% 105,915.00 1,640,915,00 0.00
1/15/2027 0 70,610.00 70,610.00 1,711,525.00
7/15/2027 1,535,000 4.600% 70,610.00 1,605,610,00 0,00
1/15/2028 0 35,305.00 35,305,00 1,640,915,00
7/15/2028 1,535,000 4.600% 35,305.00 1,570,305.00 0,00
1/15/2029 0.00 0,00 1,570,305.00
7/15/2029 0.00 0,00 0,00
1/15/2030 0.00 0.00 0.00
7/15/2030 0,00 0.00 0.00
1/15/2031 0.00 0.00 0,00
7/15/2031 0,00 0,00 0,00
1/15/2032 0.00 0.00 0,00
7/15/2032 0.00 0.00 0.00
1/15/2033 0.00 0.00 0.00
7/15/2033 0,00 0,00 0.00
1/15/2034 0.00 0.00 0.00
Debt Total $30,765,000.00 $14,178,673.06 $44,943,673.06 $44,943,673.06
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
(pLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF
ASSIGNEE)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE:
the within Bond and irrevocably constitutes and appoints
attorney to exchange said Bond for
definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive
bonds on the books kept for registration thereof, with full power of substitution in the premises.
Date:
Signature Guaranteed:
Registered Owner
(NOTICE: The signature above
must correspond with the name
of the Registered Owner as it
appears on the front of this
Bond in every particular,
without alteration or change.)
(NOTICE: Signature(s) must be
guaranteed by an "eligible guarantor
institution" meeting the requirements
of the Bond Registrar which
requirements will include Membership or
participation in STAMP or such other "signature
guarantee program" as may be determined by
the Bond Registrar in addition to, or in substitution for,
STAMP, all in accordance with the Securities Exchange
Act of 1934, as amended,
A-5
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Virginia Public School Authority Bond Resolution
AGENDA DATE:
September 3, 2008
SUBJECT/PROPOSAUREQUEST:
Approval of a Resolution authorizing the issuance of
bonds in the maximum principal amount of
$30,765,000 to finance certain capital improyements
for the County's public schools
ACTION: X
INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
LEGAL REVIEW: Yes
REVIEWED BY:
STAFF CONTACT(S):
Messrs, Tucker, Foley, Kamptner, Wiggans
ATTACHMENTS: Yes
BACKGROUND:
The FY 2008/09 Capitallmproyement Budget was approyed with the intent to issue approximately $30,765,000 in bonds
through the Virginia Public School Authority (VPSA) for the following projects:
Total
$10,316,000
$9,415,000
$45,000
$5,140,000
$100,000
$3,954,000
$645,000
$1,150,000
$30,765,000
AHS Addition/Renovation
Brownsville Elementary Renovations
Crozet Elementary Renovations
Greer Elementary Renovations
Gymnasium HV AC & Lighting
Maintenance Projects
Support Services Complex
Vehicle Maintenance Facility Addition
STRATEGIC PLAN:
Goals 5: Fund the County's Future Needs.
DISCUSSION:
A Resolution authorizing the application to VPSA was adopted by the School Board on August 14, 2008. The attached
Resolution authorizes issuance of the bonds not to exceed $30,765,000, the sale of the bonds to VPSA, and approves as
to form the Bond Sale Agreement and details relating to the Bonds.
In order to proceed with this process, a public hearing is scheduled on September 3, 2008 after which the Board will need
to adopt the attached Resolution.
BUDGET IMPACT:
The FY09 CIP and Debt Service budgets anticipated the issuance of $30,765,000 in bonds for the above referenced
projects.
RECOMMENDATIONS:
After the public hearing, staff recommends approval of the attached Resolution to authorize the issuance of bonds in the
maximum principal amount of $30,765,000 to finance certain capital improvements for the County's public schools,
ATTACHMENTS
A - Resolution
RESOLUTION AUTHORIZING THE ISSUANCE OF
GENERAL OBLIGATION SCHOOL BONDS, SERIES 2008A,
OF THE COUNTY OF ALBEMARLE, VIRGINIA,
IN A PRINCIPAL AMOUNT NOT TO EXCEED $30,765,000
TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR THE FORM AND DETAILS THEREOF
WHEREAS, the School Board (the "School Board") of the County of Albemarle, Virginia
(the "County"), has, by resolution adopted on August 14, 2008, requested the Board of Supervisors
(the "Board") to authorize the issuance of the Bonds (as hereinafter defined) and consented to the
issuance of the Bonds; and
WHEREAS, the Board has determined that it is necessary and expedient to borrow an
amount not to exceed $30,765,000 and to issue its general obligation school bonds for the purpose
of financing certain capital projects for school purposes; and
WHEREAS, the County held a public hearing, duly noticed, on September 3, 2008, on the
issuance of the Bonds in accordance with the requirements of Section 15.2-2606, Code of Virginia
1950, as amended (the "Virginia Code"); and
WHEREAS, the Bond Sale Agreement (as hereinafter defined) shall indicate that
$30,765,000 is the amount of proceeds requested (the "Proceeds Requested") from the Virginia
Public School Authority (the "VPSA") in connection with the sale of the Bonds; and
WHEREAS, VPSA's objective is to pay the County a purchase price for the Bonds which,
in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"),
taking into consideration such factors as the amortization schedule the County has requested for the
Bonds relative to the amortization schedules requested by other localities, the purchase price to be
received by VPSA for its bonds and other market conditions relating to the sale of VPSA's bonds;
and
WHEREAS, such factors may result in the Bonds having a purchase price other than par
and consequently (i) the County may have to issue a principal amount of Bonds that is less than the
Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the
Proceeds Requested, or (ii) if the maximum authorized principal amount of the Bonds set forth in
Section 1 below does not exceed the Proceeds Requested by at least the amount of any discount, the
purchase price to be paid to the County, given the VPSA Purchase Price Objective and market
conditions, will be less than the Proceeds Requested.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF ALBEMARLE, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it
is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate
principal amount not to exceed $30,765,000 (the "Bonds") for the purpose of financing certain
capital projects for school purposes, including without limitation, the projects as described in
Exhibit B. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon
the terms established pursuant to this Resolution.
2. Sale of the Bonds. It is determined to be in the best interest of the County to
accept the offer ofVPSA to purchase from the County, and to sell to VPSA, the Bonds at a price,
determined by VPSA to be fair and accepted by the Chairman of the Board and the County
Executive, either of whom may act [that is substantially equal to the Proceeds Requested, except
that the Bonds may be sold for a purchase price not lower than 95% of the Proceeds Requested if
issuing the Bonds in the maximum principal amount authorized by Section I of this Resolution is
insufficient, given the VPSA Purchase Price Objective and market conditions, to generate an
amount of proceeds substantially equal to the Proceeds Requested]. The Chairman of the Board
and the County Executive, either of whom may act and such other officer or officers of the
County as either may designate, any of whom may act, are hereby authorized and directed to
enter into a Bond Sale Agreement dated as of October 10, 2008 (the "Bond Sale Agreement"),
with VPSA providing for the sale of the Bonds to VPSA. The Bond Sale Agreement shall be in
substantially the form submitted to the Board at this meeting, which form is hereby approved
with such completions, omissions, insertions and changes not inconsistent with this Resolution as
may be approved by the officer executing the Bond Sale Agreement, his execution to constitute
conclusive evidence of his approval of any such completions, omissions, insertions and changes.
3. Details of the Bonds. The Bonds shall be issued in fully registered form, dated the
date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds,
Series 2008A"; shall bear interest from the date of delivery thereof payable semi-annually on each
January IS and July IS beginning July IS, 2009 (each an "Interest Payment Date"), at the rates
established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years
(each a "Principal Payment Date") and in the amounts set forth on Schedule I attached hereto (the
"Principal Installments"), subject to the provisions of Section 4 of this Resolution.
4. Interest Rates and Principal Installments. The County Executive is hereby
authorized and directed to accept the interest rates on the Bonds established by VPSA, provided that
each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid
by VPSA for the corresponding principal payment date of the bonds to be issued by VPSA (the
"VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and
provided further that the true interest cost of the Bonds does not exceed five and fifty one-
hundredths percent (5.50 %) per annum. The Interest Payment Dates and the Principal Installments
are subject to change at the request of VPSA. The County Executive is hereby authorized and
directed to accept changes in the Interest Payment Dates and the Principal Installments at the
request of VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the
amount authorized by this Resolution and provided further that the final maturity of the Bonds
occurs no later than December 31, 2028. The execution and delivery ofthe Bonds as described in
Section 8 hereof shall conclusively evidence such interest rates established by VPSA and Interest
Payment Dates and the Principal Installments requested by VPSA as having been so accepted by the
County Executive as authorized by this Resolution.
2
5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary
typewritten bond substantially in the form attached hereto as Exhibit A.
6. Payment: Payin2 A2ent and Bond Re2istrar. The following provisions shall
apply to the Bonds:
(a) For as long as VPSA is the registered owner of the Bonds, all payments of principal,
premium, if any, and interest on the Bonds shall be made in immediately available funds to VPSA
at, or before II :00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date
fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for
the Commonwealth of Virginia, then at or before II :00 a.m. on the business day next succeeding
such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption.
(b) All overdue payments of principal and, to the extent permitted by law, interest shall
bear interest at the applicable interest rate or rates on the Bonds,
(c) U.S, Bank National Association, Richmond, Virginia, is designated as bond registrar
and paying agent for the Bonds (the "Bond Registrar"). The County may, in its sole discretion,
replace at any time the Bond Registrar with another qualified bank or trust company as successor
Bond Registrar.
7. Prepayment or Redemption. The Principal Installments of the Bonds held by
VPSA coming due on or before July 15, 2018, and the definitive Bonds for which the Bonds held
by VPSA may be exchanged that mature on or before July 15, 2018, are not subject to prepayment
or redemption prior to their stated maturities. The Principal Installments of the Bonds held by
VPSA coming due after July 15, 2018, and the definitive bonds for which the Bonds held by VPSA
may be exchanged that mature after July 15, 2018, are subject to prepayment or redemption at the
option of the County prior to their stated maturities in whole or in part, on any date on or after
July 15,2018, upon payment of the prepayment or redemption prices (expressed as percentages of
Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth
below plus accrued interest to the date set for prepayment or redemption:
Dates
Prices
July 15, 2018, through July 14, 2019
July 15, 2019, through July 14,2020
July 15, 2020, and thereafter
101%
100Yi
100
Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to
their stated maturities as described above without first obtaining the written consent of VPSA or the
registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the
Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less
than sixty (60) days before the date fixed for prepayment or redemption.
8. Execution of the Bonds. The Chairman or Vice Chairman of the Board, either of
whom may act, and the Clerk of the Board or any Deputy Clerk, either of whom may act, are
3
authorized and directed to execute and deliver the Bonds and to affix the seal ofthe County thereto.
9. Pled2e of Full Faith and Credit. For the prompt payment of the principal of and
premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit
of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be
outstanding there shall be levied and collected in accordance with law an annual ad valorem tax
upon all taxable property in the County subject to local taxation sufficient in amount to provide for
the payment of the principal of and premium, if any, and the interest on the Bonds as such principal,
premium, if any, and interest shall become due, which tax shall be without limitation as to rate or
amount and in addition to all other taxes authorized to be levied in the County to the extent other
funds ofthe County are not lawfully available and appropriated for such purpose.
10. Use of Proceeds Certificate and Certificate as to Arbitra2e. The Chairman of the
Board, the County Executive and such other officer or officers of the County as either may
designate, any of whom may act, are hereby authorized and directed to execute a Certificate as to
Arbitrage and a Use of Proceeds Certificate each setting forth the expected use and investment of
the proceeds of the Bonds and containing such covenants as may be necessary in order to show
compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"),
and applicable regulations relating to the exclusion from gross income of interest on the Bonds and
on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the
issuance and sale of the Bonds will be invested and expended as set forth in such Certificate as to
Arbitrage and such Use of Proceeds Certificate and that the County shall comply with the other
covenants and representations contained therein and (ii) the County shall comply with the
provisions ofthe Code so that interest on the Bonds and on the VPSA Bonds will remain excludable
from gross income for Federal income tax purposes.
11. State Non-Arbitra2e Pro2ram~ Proceeds A2reement. The Board hereby
determines that it is in the best interests of the County to authorize and direct the Director of
Finance to participate in the State Non-Arbitrage Program in connection with the Bonds. The
Chairman of the Board, the County Executive and such officer or officers of the County as either
may designate, any of whom may act, are hereby authorized and directed to execute and deliver a
Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and
among the County, the other participants in the sale of the VPSA Bonds, VPSA, the investment
manager and the depository, substantially in the form submitted to the Board at this meeting, which
form is hereby approved, with such completions, omissions, insertions and changes not inconsistent
with this Resolution as may be approved by the officer executing such Proceeds Agreement, his
execution to constitute conclusive evidence of his approval of any such completions, omissions,
insertions and changes.
12. Continuin2 Disclosure A2reement. The Chairman of the Board, the County
Executive and such other officer or officers of the County as either may designate, any of whom
may act, are hereby authorized and directed to execute a Continuing Disclosure Agreement,
substantially in the form attached as Appendix F to the Bond Sale Agreement, setting forth the
reports and notices to be filed by the County and containing such covenants as may be necessary in
order to show compliance with the provisions of the Securities and Exchange Commission Rule
15c2-12, under the Securities Exchange Act of 1934, as amended, and directed to make all filings
4
required by Section 3 of the Bond Sale Agreement should the County be determined by VPSA to
be a MOP (as defined in the Continuing Disclosure Agreement).
13. Filillf! of Resolution, The appropriate officers or agents of the County are hereby
authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court
of the County.
14. Further Actions. The members of the Board and all officers, employees and agents
of the County are hereby authorized to take such action as they or anyone of them may consider
necessary or desirable in connection with the issuance and sale of the Bonds and any such action
previously taken is hereby ratified and confirmed.
15. Effective Date. This Resolution shall take effect immediately.
* * *
The undersigned Clerk of the Board of Supervisors of the County of Albemarle, Virginia,
hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a
meeting of the Board of Supervisors held on September 3, 2008, and of the whole thereof so far as
applicable to the matters referred to in such extract. I hereby further certify that such meeting was a
regularly scheduled meeting and that, during the consideration ofthe foregoing resolution, a quorum
was present. Members present at the meeting were: . Members absent
from the meeting were: Members voting in favor of the foregoing
resolution were: . Members voting against the foregoing resolution
were: Members abstaining from voting on the foregoing
resolution were:
WITNESS MY HAND and the seal of the Board of Supervisors of the County of
Albemarle, Virginia, this _ day of September, 2008.
Clerk, Board of Supervisors of the County
of Albemarle, Virginia
[SEAL]
5
EXHIBIT A
(FORM OF TEMPORARY BOND)
NO. TR-l
$
UNITED STATES OF AMERICA
COMMONWEAL TH OF VIRGINIA
COUNTY OF ALBEMARLE
General Obligation School Bond
Series 2008A
The COUNTY OF ALBEMARLE, VIRGINIA (the "County"), for value received,
hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL
AUTHORITY the principal amount of
DOLLARS ($
), in annual
installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2009, and
annually on July 15 thereafter to and including July 15, 20_ (each a "Principal Payment Date"),
together with interest from the date of this Bond on the unpaid installments, payable semi-annually
on January 15 and July 15 of each year, commencing on July 15,2009 (each an "Interest Payment
Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set
forth on Schedule I attached hereto, subj ect to prepayment or redemption as hereinafter provided.
Both principal of and interest on this Bond are payable in lawful money of the United States of
America.
For as long as the Virginia Public School Authority is the registered owner of this Bond,
U.S. Bank National Association, Richmond, Virginia, or any successor entity appointed by the
County, as bond registrar and paying agent (the "Bond Registrar"), shall make all payments of
principal of and premium, if any, and interest on this Bond, without the presentation or surrender
A-I
hereof, to the Virginia Public School Authority, in immediately available funds at or before II :00
a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment
Date or date fixed for prepayment or redemption is not a business day for banks in the
Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal of
or premium, if any, or interest on this Bond shall be made in immediately available funds at or
before II :00 a.m. on the business day next succeeding the scheduled Payment Date or date fixed for
prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of
principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be
given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on
this Bond to the extent of the payment so made. Upon final payment, this Bond shall be
surrendered to the Bond Registrar for cancellation.
The full faith and credit of the County are irrevocably pledged for the payment of the
principal of and the premium, if any, and interest on this Bond. The resolution adopted by the
County Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.2-
2624, Code of Virginia 1950, as amended, requires, that there shall be levied and collected an
annual tax upon all taxable property in the County subject to local taxation sufficient to provide for
the payment of the principal of and premium, if any, and interest on this Bond as the same shall
become due which tax shall be without limitation as to rate or amount and shall be in addition to'all
other taxes authorized to be levied in the County to the extent other funds of the County are not
lawfully available and appropriated for such purpose.
This Bond is duly authorized and issued in compliance with and pursuant to the Constitution
and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26,
Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adopted by the County Board
A-2
of Supervisors and the School Board of the County to provide funds for capital projects for school
purposes.
This Bond may be exchanged without cost, on twenty (20) days written notice from the
Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for
one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully
registered form, in denominations of $5,000 and whole multiples thereof, and having an equal
aggregate principal amount, having principal installments or maturities and bearing interest at rates
corresponding to the maturities of and the interest rates on the installments of principal of this Bond
then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the
books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by
the registered owner of this Bond only upon due execution of an assignment by such registered
owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall
exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be
registered on such registration books in the name of the assignee or assignees named in such
assignment.
The principal installments of this Bond coming due on or before July 15, 2018, and the
definitive Bonds for which this Bond maybe exchanged that mature on or before July 15, 2018, are
not subject to prepayment or redemption prior to their stated maturities. The principal installments
of this Bond coming due after July 15, 2018, and the definitive Bonds for which this Bond may be
exchanged that mature after July 15, 2018, are subject to prepayment or redemption at the option of
the County prior to their stated maturities in whole or in part, on any date on or after July IS, 2018,
upon payment of the prepayment or redemption prices (expressed as percentages of principal
installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus
accrued interest to the date set for prepayment or redemption:
A-3
Dates
Prices
July 15, 2018, through July 14,2019
July 15, 2019, through July 14, 2020
July 15, 2020, and thereafter
101%
100'li
100
Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to
their stated maturities as described above without the prior written consent of the registered owner
of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to
the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days
before the date fixed for prepayment or redemption.
All acts, conditions and things required by the Constitution and laws of the Commonwealth
of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have
happened, exist and have been performed in due time, form and manner as so required, and this
Bond, together with all other indebtedness of the County, is within every debt and other limit
prescribed by the Constitution and laws ofthe Commonwealth of Virginia.
IN WITNESS WHEREOF, the Board of Supervisors of the County of Albemarle has
caused this Bond to be issued in the name of the County of Albemarle, Virginia, to be signed by its
Chairman or Vice-Chairman, its seal to be affixed hereto and attested by the signature of its Clerk of
the Board or any of its Deputy Clerks, and this Bond to be dated rNovember 201,2008.
COUNTY OF ALBEMARLE, VIRGINIA
(SEAL)
ATTEST:
Clerk, Board of Supervisors ofthe
County of Albemarle, Virginia
Chairman, Board of Supervisors of the
County of Albemarle, Virginia
A-4
ASSIGNMENT
FOR V ALUE RECEIVED, the undersigned sells, assigns and transfers unto
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF
ASSIGNEE)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE:
the within Bond and irrevocably constitutes and appoints
attorney to exchange said Bond for
definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive
bonds on the books kept for registration thereof, with full power of substitution in the premises.
Date:
Registered Owner
(NOTICE: The signature above
must correspond with the name
of the Registered Owner as it
appears on the front ofthis
Bond in every particular,
without alteration or change.)
Signature Guaranteed:
(NOTICE: Signature(s) must be
guaranteed by an "eligible guarantor
institution" meeting the requirements
of the Bond Registrar which
requirements will include Membership or
participation in STAMP or such other "signature
guarantee program" as may be determined by
the Bond Registrar in addition to, or in substitution for,
STAMP, all in accordance with the Securities Exchange
Act of 1934, as amended.
A-5
SCHEDULE I
I-I
EXHIBIT B
PROJECT DESCRIPTION
The Project includes the following components:
Vehicle Maintenance Facility - Phase B of the project will be to construct a storage
addition to the existing VMF Shop, including a first floor access, interior stairs to the second floor
and second floor roof access to the existing facility. Phase C will repair, resurface and/or page
parking areas, and provide lighting in the upper bus lot. Phase D is to construct an automatic wash
for buses utilizing recycled water.
Brownsville Elementary Addition/Renovations - The project costs of a 28,000 square foot
addition to include ten regular classrooms, one self-contained classroom, four resource rooms, five
offices and one faculty workroom.
Albemarle High School Addition/Renovations - The project consists of a 29,000 square
foot addition to include six regular classrooms, three science classrooms, one learning lab and
other associated spaces.
Greer Elementary Addition/Renovations - The project consists of a 36,200 square foot
addition to include two phases. Phase 1 is a renovation to include interior doors, dividing spaces
into resource rooms and expanding the Media Center and other associated spaces, as well as a
gym addition.
Maintenance Projects - Funding for maintenance and replacements projects including
floor tile, lights, carpet, paving, HV AC and energy management projects.
Gymnasium HV AC/Lighting Replacement - Design costs to allow air conditioning and
upgraded lighting to be installed in nine elementary facilities.
Support Services Complex - The project consists of constructing a new office building
on a site located adjacent to an existing school facility. The new facility will house the Building
Services Department and the Food Services Division.
Crozet Elementary School Addition - Phase I of this project consists of site
improvements to reconfigure the front parking and bus loop to provide a separation of bus
unloading and parent pick up/drop off areas, as well as provide additional parking.
B-1
ORDINANCE NO, 08-4(2)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 4, ANIMALS AND FOWL, OF THE CODE OF
THE COUNTY OF ALBEMARLE, VIRGINIA BY AMENDING ARTICLE I, IN GENERAL, AND ARTICLE
III, LICENSES.
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 4,
Animals and Fowl, is hereby amended and reordained by amending Article I, In General, and Article III,
Licenses, as follows:
By Amending:
Sec,4-100 Definitions
Sec. 4-300 Required
Sec. 4-301 Procedure for obtaining licenses
Sec. 4-302 Evidence of rabies vaccination prerequisite to issuance of license
Sec. 4-307 Effect of dog not wearing collar and tag as eYidence
By Amending and Renumbering:
Sec. 4-303 Amount of license tax
Sec. 4-304 When license tax payable
Sec, 4-305 Payment of license tax subsequent
to summons
to Sec. 4-304 Amount of license tax
to See, 4-305 When license tax payable, valid
Sec. 4-309 Display of receipts
to Sec. 4-306 Payment of license tax
subsequent to summons
to Sec, 4-308 Display of receipts; collar and
tag to be worn; penalties
By Adding:
Sec. 4-303 Veterinarians to provide treasurer with rabies certificate information; civil penalty
By Repealing:
Sec. 4-306 Term
Sec. 4-308 License to consist of receipt and metal tag
Sec. 4-310 License tags - Attachment to collar
Sec, 4-311 License tags - Contents
Sec. 4-312 License tags - Collar and tag to be worn by dog; exceptions
Sec. 4-313 License tags - Duplicate
Sec. 4-314 License tags - Kennels
Sec, 4-315 Penalties for violation of sections 4-312 and 4-314
Sec. 4-316 False statements
Sec. 4-317 Penalty for failure to obtain license
CHAPTER 4. ANIMALS AND FOWL
ARTICLE I. IN GENERAL
Sec. 4-100 Definitions.
The following words as used in this chapter shall have the following meanings:
(1) Abandon. The term "abandon" means to desert, forsake, or absolutely give up an animal
without haYing secured another owner or custodian for the animal or by failing to proYide the elements of
basic care as set forth in Virginia Code S 3.2-6503 for a period of fiye consecutive days.
(2) Adequate care or care. The term "adequate care" or "care" means the responsible practice
of good animal husbandry, handling, production, management, confinement, feeding, watering,
protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age,
species, condition, size and type of the animal and the proYision of veterinary care when needed to
preyent suffering or impairment of health.
1
(3) Adequate exercise, The term "adequate exercise" or "exercise" means the opportunity for the
animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and
condition of the animal.
(4) Adequate feed. The term "adequate feed" means access to and the provision of food which
is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each
animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of
each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by
excrement and pests; and is provided at suitable intervals for the species, age, and condition of the
animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring
states of hibernation or fasting normal for the species,
(5) Adequate shelter, The term "adequate shelter" means provision of and access to shelter that
is suitable for the species, age, condition, size, and type of each animal; provides adequate space for
each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the
adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is
properly cleaned; enables each animal to be clean and dry, except when detrimental to the species;
and, for dogs and cats, proYides a solid surface, resting platform, pad, floormat, or similar deYice that is
large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner.
Under this chapter, shelters whose wire, grid, or slat floors (i) permit the animals' feet to pass through the
openings, (ii) sag under the animals' weight, or (iii) otherwise do not protect the animals' feet or toes from
injury are not adequate shelter.
(6) Adequate space, The term "adequate space" means sufficient space to allow each animal to
(i) easily stand, sit, lie, turn about, and make all other normal body moyements in a comfortable, normal
position for the animal and (ii) interact safely with other animals in the enclosure. When an animal is
tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age
and size of the animal; is attached to the animal by a properly applied collar, halter, or harness
configured so as to protect the animal from injury and prevent the animal or tether from becoming
entangled with other objects or animals, or from extending oyer an object or edge that could result in the
strangulation or injury of the animal; and is at least three times the length of the animal, as measured
from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is
attached by a tether to a lead line, When freedom of movement would endanger the animal, temporarily
and appropriately restricting moyement of the animal according to professionally accepted standards for
the species is considered proYision of adequate space.
(7) Adequate water, The term "adequate water" means provision of and access to clean, fresh,
potable water of a drinkable temperature which is provided in a suitable manner, in sufficient volume, and
at suitable intervals, but at least once every twelve hours, to maintain normal hydration for the age,
species, condition, size and type of each animal, except as prescribed by a yeterinarian or as dictated by
naturally occurring states of hibernation or fasting normal for the species; and is provided in clean,
durable receptacles which are accessible to each animal and are placed so as to minimize contamination
of the water by excrement and pests or an alternative source of hydration consistent with generally
accepted husbandry practices.
(8) Adoption, The term "adoption" means the transfer of ownership of a dog or cat from a
releasing agency to an individual.
(9) Agricultural animals. The term "agricultural animals" means all livestock and poultry.
(10) Ambient temperature. The term "ambient temperature" means the temperature surrounding
the animal.
(11) Animal, The term "animal" means any domestic animal, including both agricultural and
companion animals, if not specified otherwise. For the purposes of article IV, "animal" means any species
susceptible to rabies.
(12) Animal control officer, The term "animal control officer" means any person employed,
contracted, or appointed by the Commonwealth or any political subdivision for the purpose of aiding in the
enforcement of any other law or ordinance relating to the licensing of dogs, control of dogs and cats,
2
cruelty to animals, or seizure and impoundment of companion animals and includes any state or county
police officer, animal control officer, sheriff or other employee whose duties in whole or in part include
assignments which involye seizure or taking into custody of any dog or other animal.
(13) Animal shelter. The term "animal shelter" means a facility which is used to house or contain
animals and which is owned, operated, or maintained by a duly incorporated humane society, animal
welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to
the welfare, protection, and humane treatment of animals.
(14) Boarding establishment. The term "boarding establishment" means a place or establishment
other than a pound or animal shelter where companion animals not owned by the proprietor are
sheltered, fed, and watered in exchange for a fee.
(15) Collar, The term "collar" means a well-fitted device, appropriate to the age and size of the
animal, attached to the animal's neck in such a way as to prevent trauma or injury to the animal.
(16) Companion animal, The term "companion animal" means any domestic or feral dog,
domestic or feral cat, non-human primate, guinea pig, hamster, rabbit not raised for human food or fiber,
exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care,
custody, or ownership of a person or any animal which is bought, sold, traded, or bartered by any person,
Agricultural animals, game species, or any animals regulated under federal law as research animals shall
not be considered companion animals for the purposes of this chapter.
(17) Enclosure. The term "enclosure" means a structure used to house or restrict animals from
running at large.
(18) Euthanasia, The term "euthanasia" means the humane destruction of an animal
accomplished by a method that involves instantaneous unconsciousness and immediate death or by a
method that involyes anesthesia, produced by an agent which causes painless loss of consciousness,
and death during such loss of consciousness.
(19) Hearing dog. The term "hearing dog" means a dog trained to alert its owner by touch
to sounds of danger and sounds to which the owner should respond.
(20) Kennel, The term "kennel" means any establishment in which five or more canines,
felines, or hybrids of either are kept for the purposes of breeding, hunting training, renting, buying,
boarding, selling, or showing.
(21) Livestock. The term "livestock" includes all domestic or domesticated: bovine animals;
equine animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of the
genus Lama; ratites; fish or shellfish in aquaculture facilities, as defined in Virginia Code ~ 3.2-2600;
enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual animal
specifically raised for food or fiber, except companion animals,
(22) Owner. The term "owner" means any person who: (i) has a right of property in an animal,
(ii) keeps or harbors an animal, (iii) has an animal in his care, or (iv) acts as a custodian of an animal.
(23) Person. The term "person" means any individual, partnership, firm, joint-stock company,
corporation, association, trust, estate, or other legal entity.
(24) Poultry. The term "poultry" includes all domestic fowl and game birds raised in captiYity.
(25) Pound. The term "pound" means a facility operated by the Commonwealth, or county for the
purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals; or a
facility operated for the same purpose under a contract with any county, city, town, or incorporated
society for the prevention of cruelty to animals.
(26) Primary enclosure. The term "primary enclosure" means any structure used to immediately
restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment, or
hutch, For tethered animals, the term includes the shelter and the area within reach of the tether.
3
(27) Releasing agency. The term "releasing agency" means a pound, animal shelter, humane
society, animal welfare organization, society for the prevention of cruelty to animals, or other similar entity
or home-based rescue, that releases companion animals for adoption,
(28) Service dog. The term "service dog" means a dog trained to accompany its owner for the
purpose of carrying items, retrieving objects, pulling a wheelchair or other such activities of service or
support.
(29) Sterilize or sterilization, The term "sterilize" or "sterilization" means a surgical or chemical
procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of
reproducing,
(30) Treatment or adequate treatment. The term "treatment" or "adequate treatment" means the
responsible handling or transportation of animals in the person's ownership, custody or charge,
appropriate for the age, species, condition, size and type of the animal.
(31) Veterinary treatment. The term "veterinary treatment" means treatment by or on the order of
a duly licensed veterinarian.
(Code 1967, ~ 4-4; 4-13-88; Code 1988, ~ 4-4; Ord. 98-A(1), 8-5-98; Ord. 08-4(2), 9-3-08)
State law reference-Va. Code 99 3.2-6500, 6528.
ARTICLE III. LICENSES
Sec. 4.300 Required.
It shall be unlawful for any person other than a releasing agency that has registered as such
annually with the county to own a dog four (4) months old or older in the county unless such dog is
licensed, as required by the provisions of this article.
(Code 1967, ~ 4-17; 9-13-89; Code 1988, ~ 4-20; Ord, 98-A(1), 8-5-98; Ord. 08-4(2), 9-3-08)
State law reference-- Va. Code 9 3.2-6524,
Sec. 4-301 Procedure for obtaining licenses.
A. Any resident of this county may obtain a one year, two year, or three-year dog license by
making oral or written application to the director of finance or his designee, accompanied by the amount
of the license tax and a current certificate of vaccination as required by this chapter or satisfactory
eYidence that such certificate has been obtained.
B. The director of finance or his designee shall license only dogs of resident owners or
custodians who reside within the county, and may require information to this effect of any applicant.
Upon receipt of a proper application and a current certificate of vaccination as required by this chapter or
satisfactory evidence that such certificate has been obtained, the director of finance or his designee shall
issue a license receipt, on which he shall record the name and address of the owner or custodian, the
date of payment, the year for which issued, the serial number of the tag, whether male or female, whether
spayed or neutered, or whether a kennel, and deliver the metal license tags or plates provided for herein.
Multi-year dog licenses may only be issued upon evidence that the certificate of yaccination is yalid for
the duration of the multi-year license.
C. The director of finance or his designee shall retain the application information during the
period for which such license is valid, and shall be available for public inspection.
D. It shall be unlawful for any person to make a false statement in order to secure a dog
license to which he is not entitled. Any person conYicted of making a false statement in order to secure a
dog license to which he is not entitled shall be guilty of a Class 4 misdemeanor and punished by a fine of
not more than two hundred fifty dollars ($250.00),
4
E. Any person convicted of failure to pay the dog license tax imposed by this division prior to
February 1 of any year or at such other time as may be required by this division on any dog four (4)
months of age or older and owned by him shall be guilty of a Class 4 misdemeanor and punished by a
fine of not more than two hundred fifty dollars ($250,00).
(Code 1967, 94-18; 5-15-75; Code 1988, 94-21; Ord. 98-A(1), 8-5-98, 94-301; Code 1967, 94-33; Code
1988,94-36; Ord. 98-A(1), 8-5-98, 94-316; Code 1967, 94-34; 4-13-88; 9-13-89; Code 1988, 94-37;
Ord. 98-A(1), 8-5-98, 94-317; Ord. 08-4(2), 9-3-08)
State law reference-- Va. Code 99 3.2-6527, 3.2-6530(8), 3.2-6587(A).
Sec. 4-302 What license shall consist of; evidence of rabies vaccination; duplicate tags.
A. A dog license shall consist of a license receipt and a metal tag. The tag shall be stamped
or otherwise permanently marked to show the county has issued the license and bear a serial number or
other identifying information prescribed by the county.
B. No dog license shall be issued for any dog unless there is presented to the director of
finance or his designee, satisfactory evidence that such dog has been inoculated or vaccinated against
rabies, as required by section 4-301, by a currently licensed veterinarian or currently licensed technician
who was under the immediate and direct supervision of a licensed veterinarian on the premises.
C. If a dog license tag shall become lost, destroyed or stolen, the owner or custodian shall at
once apply to the director of finance or his designee for a duplicate license tag by presenting the original
license receipt. Upon affidavit of the owner or custodian before the director of finance or his designee
that the original license tag has been lost, destroyed or stolen, he shall issue a duplicate license tag, The
owner or custodian shall immediately affix the duplicate license tag to the collar of the dog, The director
of finance or his designee shall endorse the number of the duplicate and the date issued on the face of
the original receipt. The fee for a duplicate tag shall be one dollar ($1.00).
(Code 1967, 94-19; Code 1988, 94-22; Ord. 98-A(1), 8-5-98, 94-302; Code 1967, 94-25; 4-23-88; Code
1988,94-28; Ord. 98-A(1), 8-5-98, 94-308; Code 1967, 94-28; 4-13-88; Code 1988, 94-31; Ord. 98-
A(1), 8-5-98, 94-311; Ord. 08-4(2), 9-3-08)
State law reference -- Va, Code 99 3.2-6526, 6532.
Sec. 4-303 Veterinarians to provide treasurer with rabies certificate information; civil penalty.
A. Each veterinarian who yaccinates a dog against rabies or directs a veterinary technician
in his employ to yaccinate a dog against rabies shall provide the owner a copy of the rabies vaccination
certificate. The veterinarian shall forward within forty-five (45) days a copy of the rabies yaccination
certificate or the releyant information contained in such certificate to the county's director of finance.
The rabies vaccination certificate shall include at a minimum the signature of the veterinarian, the
animal owner's name and address, the species of the animal, the sex, the age, the color, the primary
breed, whether or not the animal is spayed or neutered, the yaccination number, and expiration date.
The rabies vaccination certificate shall indicate the locality where the animal resides.
B. It shall be the responsibility of the owner of each vaccinated animal that is not already
licensed to apply for a license for the vaccinated dog. If the director of finance determines, from review of
the rabies yaccination information provided by the veterinarians, that the owner of an unlicensed dog has
failed to apply for a license within 90 days of the date of yaccination, the director of finance shall transmit
an application to the owner and request the owner to submit a complete application and pay the
appropriate fee, Upon receipt of the completed application and payment of the license fee, the director of
finance or his designee shall issue a license receipt and a permanent tag.
The director of finance shall remit any rabies vaccination certificate receiyed for any animal
owned by an individual residing in another locality to the local treasurer for the appropriate locality.
5
Any veterinarian that willfully fails to provide the director of finance with a copy of the rabies
vaccination certificate or the information contained in such certificate may be subject to a civil penalty not
to exceed $10 per certificate. Monies raised pursuant to this subsection shall be placed in the county's
general fund for the purpose of animal control activities including spay or neuter programs.
(Ord, 08-4(2), 9-3-08)
State law reference-Va. Code ~ 3.2-6529.
Sec. 4-304 Amount of license tax.
A, Dog license taxes shall be as follows:
1. Spayed Female/Neutered Male.
One year tag: Five dollars ($5,00)
Two year tag: Ten dollars ($10.00)
Three year tag: Fifteen dollars ($15.00)
2. Unspayed Female/Unneutered Male.
One year tag: Ten dollars ($10.00)
Two year tag: Twenty dollars ($20,00)
Three year tag: Thirty dollars ($30.00)
3. Kennel license Fifty dollars ($50.00) per block of ten dogs
B, No license tax shall be levied on any dog that is trained and serves as a guide dog for a
blind person or that is trained and serves as a hearing dog for a deaf or hearing impaired person, or any
dog that is trained and serves as a service dog for a mobility-impaired person.
(Code 1967, S 4-20; 12-20-73; 80-11-76; 2-13-85; 4-13-88; Code 1988, S 4-23; Ord. 98-A(1), 8-5-98, S 4-
303; Ord. 08-4(2), 9-3-08)
State law reference-- Va, Code ~ 3.2-6528,
Sec. 4-305 When license tax payable, valid.
A. The license tax imposed on dogs by this article shall be due and payable no later than
thirty days after a dog has reached the age of four months, or no later than thirty days after an owner
acquires a dog four months of age or older and each year thereafter no later than January 31 of each
year.
B, If a dog shall become four months of age or if a dog over four months of age unlicensed
by this county shall come into the possession of any person in this county between January 1 and
October 31 of any year, a license tax for the current calendar year shall be paid forthwith by the owner.
C. If a dog shall become four months of age or if a dog over four months of age unlicensed
by this county shall come into the possession of any person in this county between November 1 and
December 31 or any year, the license tax for the succeeding calendar year shall be paid forthwith by the
owner and such license shall protect the dog from the date of payment of the license tax.
(Code 1967, S 4-21; 9-13-89; Code 1988, S 4-24; Ord. 98-A(1), 8-5-98, S 4-304; Code 1967, S 4-23; Code
1988, S 4-26; Ord. 98-A(1), 8-5-98, S 4-306; Ord, 08-4(2), 9-3-08)
State law reference-- Va. Code ~ 3.2-6530.
Sec. 4-306 Payment of license tax subsequent to summons.
6
Payment of the license tax subsequent to a summons to appear before the judge of the general
district court or other court for failure to pay the license tax within the time required shall not operate to
relieve such owner from any penalty for the violation of this article.
(Code 1967, ~ 4-22; Code 1988, ~ 4-25; Ord. 98-A(1), 8-5-98, ~ 4-305; Ord. 08-4(2), 9-3-08)
State law reference-oVa. Code ~ 3.2-6536.
Sec. 4-307 Effect of dog not wearing collar and tag as evidence.
Any dog not wearing a collar bearing a license tag of the proper calendar year shall prima facie
be deemed to be unlicensed, and in any proceeding under this article, the burden of proof of the fact that
the dog has been licensed or was otherwise not required to bear a tag at the time shall be on the owner
of the dog.
(Code 1967, ~ 4-24; Code 1988, ~ 4-27; Ord. 98-A(1), 8-5-98; Ord. 08-4(2), 9-3-08)
State law reference-- Va. Code ~ 3.2-6533.
Sec. 4-308 Display of receipts; collar and tag to be worn; penalties.
A. Dog license receipts shall be carefully preserved by the owner and exhibited promptly on
request for inspection by any animal control officer or other officer. Dog license tags shall be securely
fastened to a substantial collar by the owner or custodian and worn by such dog. It shall be unlawful for
the owner to permit any licensed dog four (4) months old or older to run or roam at large at any time
without a license tag. The owner of the dog may remove the collar and license tag required by this
section when:
B. The license tag for a kennel shall show the number of dogs authorized to be kept under
such license, and have attached thereto a metal identification plate for each of such dogs, numbered to
correspond with the serial number of the license tag. The owner of a kennel shall securely fasten the
license tag to the kennel enclosure in full view and keep one of the identification plates provided therewith
attached to the collar of each dog authorized to be kept enclosed in the kennel. Any identification plates
not so in use must be kept by the owner or custodian and promptly shown to any animal control officer or
other officer upon request. A kennel dog shall not be permitted to stray beyond the limits of the
enclosure, but this shall not prohibit removing dogs therefrom temporarily while under the control of the
owner or custodian for the purpose of exercising, hunting, breeding, trial or show. A kennel shall not be
operated in such manner as to defraud the county of the license tax applying to dogs which cannot be
legally covered thereunder or to any manner which violates other provisions of this article.
(i) the dog is engaged in lawful hunting;
(ii) the dog is competing in a dog show;
(iii) the dog has a skin condition which would be exacerbated by the wearing of a
collar;
(iv) the dog is confined; or
(v) the dog is under the immediate control of its owner.
C. The owner of any dog found running at large at any time of the year in violation of this
section, upon conviction, shall be guilty of a class 4 misdemeanor and punished by a fine of not more
than two hundred fifty dollars ($250.00).
(Code 1967, ~ 4-26; 4-13-88; Code 1988, ~ 4-29; Ord. 98-A(1), 8-5-98, ~ 4-309; Code 1967, ~ 4-31; 4-13-
88; Code 1988, ~ 4-34; Ord. 98-A(1), 8-5-98, ~ 4-314; Code 1967, ~ 4-32; 4-13-88; Code 1988, ~ 4-35;
Ord. 98-A(1), 8-5-98; Ord. 05-4(1), 12-7-05, ~ 4-315; Ord. 08-4(2), 9-3-08)
State law reference--Va. Code ~~ 3.2-6531, 3.2-6587(A).
This ordinance to be effective on and after November 1, 2008.
7
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true and correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albe Ie County by a vote of six to zero, as
recorded below, at a meeting held on September 3. 2008.
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Ave
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Nav
8
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Ordinance Amendment - Chapter 4, Animals and
Fowl- Article I, In General; and Article III, Licenses
AGENDA DATE:
September 3,2008
ACTION: X
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Public hearing to consider an ordinance to update
the definitions and provisions of the animal
ordinance relating to dog licenses to conform to
Virginia Code requirements and to increase dog
license taxes.
CONSENT AGENDA:
ACTION:
INFORMATION:
ATTACHMENTS: Yes
STAFF CONTACT(S):
Messrs. Tucker, Foley, Davis, Wiggans, and Correa;
and Ms. Lyttle.
REVIEWED BY:
LEGAL REVIEW: Yes
BACKGROUND:
The 2008 General Assembly amended the Virginia Code provisions relating to local animal laws and dog licenses to
become effective on October 1, 2008. Title 3.2 will replace the current provisions of Title 3.1. On August 6th, the Board
authorized an ordinance to be set for public hearing to update the County Code provisions relating to dog licenses and
to consider an increase in the dog license tax effective for calendar year 2009. Other animal ordinance updates not
relating to dog license taxes will be brought to the Board later this year.
The County has required dog owners that reside in the County and kennel operators in the County to obtain an annual
dog license for at least the past forty years. The current dog license tax for a dog owner is five dollars for an unspayed
and unneutered dog and three dollars for a spayed and neutered dog. The current dog license tax for a kennel is
fifteen dollars for up to twenty dogs and twenty-five dollars for up to fifty dogs. The County's dog license tax was last
increased on February 13, 1985, and the previous increase was on December 20, 1973. Virginia Code ~ 3.1-796.87 (~
3.2-6528) authorizes localities to establish a dog license tax not to exceed ten dollars per dog, and a kennel license tax
for kennels of ten, twenty, thirty, forty or fifty dogs not to exceed fifty dollars for anyone such block of kennels.
STRATEGIC PLAN:
Goal 5: Fund the County's Future Needs
Objective 5.1: Develop a comprehensive funding strategy/plan to address the County's growing needs.
DISCUSSION:
The attached draft ordinance (Attachment A) reorganizes and updates the County Code dog license provisions to
conform to Virginia Code provisions and to mirror the language of the Virginia Code. In addition, the draft ordinance
proposes to:
. Include the addition of definitions for "hearing dog," "releasing agency," "service dog" and "kennel" that mirror
the Virginia Code definitions. "Kennel" is defined as an establishment with five or more canines, felines or
hybrids of either which are kept for the purposes of breeding, hunting, training, renting, buying, boarding, selling
or showing;
. Add the Virginia Code ~ 3.1-796.87: 1 (~3.2-6529) requirement for veterinarians to provide the County Finance
Director rabies certificate information within forty-five days after vaccinating a dog;
. Include two and three year dog license options in addition to the one year license as authorized by Virginia
Code ~ 3.1-796.88 (~3.2-6530(B)). This allows dog owners to purchase a dog license which can run
concurrently with the rabies vaccination, thereby reducing the number of renewals;
. Increase the criminal penalty for making a false statement in order to secure a dog license (currently a fine of
not less than $5.00 nor more than $100.00) and the penalty for failure to timely pay the dog license tax
AGENDA TITLE: Ordinance Amendment - Chapter 4, Animals and Fowl
- Article I, In General; and Article III, Licenses
September 3, 2008
Page 2
(currently a fine of $10.00) to a penalty punishable as a class 4 misdemeanor with a fine of up to $250.00 as
authorized by Virginia Code ~ 3.1-796.128(A) (93.2-6587(A)); and
. Increase the dog license tax from $3.00 to $5.00 for spayed and neutered dogs; from $5.00 to $10.00 for
unspayed and unneutered dogs; and eliminate the two types of kennel licenses, establishing one kennel license
of $50.00 for up to ten dogs as authorized by Virginia Code 9 3.1-796.87 (9 3.2-6528). Additional kennel
licenses may be purchased if an owner has more than ten dogs. Other localities with similar kennel tag license
provisions include Culpeper County, Augusta County, Page County and Rockingham County.
The draft ordinance is recommended to become effective on November 1, 2008 to correlate with the date the County's
2009 dog licenses become available for purchase.
BUDGET IMPACT:
The unfunded legislative mandate enacted by the General Assembly in 2007 requiring veterinarians to report
vaccinations monthly to localities required the reassignment of one full-time County employee devoted exclusively to
the administration of dog licensing. In addition, the initial cost of enforcement under that new law was approximately
$3,000 and the estimated recurring annual expense is $1,200.
The dog license tax revenue in 2007 totaled $11,630 for the sale of 3,022 tags. It is estimated that the 2009 revenue
will be $24,793 at the current dog license fee rates based on historical sales and responses to violation notices to date
(generated as a result of the monthly vaccination reports). The estimated 2009 revenue increases $18,627 to $43,420
if the Board adopts the proposed dog license fee amendment.
To provide the option to purchase two and three year licenses will require 28 hours of programming to modify the
Finance software.
RECOMMENDATIONS:
Staff recommends that, after the public hearing, the Board adopt the attached ordinance.
ATTACHMENTS
A - Draft Ordinance
Draft: August 15,2008
ORDINANCE NO. 08-4(2)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 4, ANIMALS AND FOWL, OF THE CODE
OF THE COUNTY OF ALBEMARLE, VIRGINIA BY AMENDING ARTICLE I, IN GENERAL, AND
ARTICLE III, LICENSES.
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 4,
Animals and Fowl, is hereby amended and reordained by amending Article I, In General, and Article III,
Licenses, as follows:
By Amending:
Sec.4-100 Definitions
Sec. 4-300 Required
Sec. 4-301 Procedure for obtaining licenses
Sec. 4-302 Evidence of rabies vaccination prerequisite to issuance of license
Sec. 4-307 Effect of dog not wearing collar and tag as evidence
By Amending and Renumbering:
Sec. 4-303 Amount oflicense tax
Sec. 4-304 When license tax payable
Sec. 4-305 Payment of license tax subsequent to summons
Sec. 4-309 Display of receipts
to Sec. 4-304 Amount oflicense tax
to Sec. 4-305 When license tax payable, valid
to Sec. 4-306 Payment oflicense tax subsequent
to summons
to Sec. 4-308 Display of receipts; collar and tag
to be worn; penalties
By Adding:
Sec. 4-303 Veterinarians to provide treasurer with rabies certificate information; civil penalty
By Repealing:
Sec. 4-306 Term
Sec. 4-308 License to consist of receipt and metal tag
Sec. 4-310 License tags - Attachment to collar
Sec. 4-311 License tags - Contents
Sec. 4-312 License tags - Collar and tag to be worn by dog; exceptions
Sec. 4-313 License tags - Duplicate
Sec. 4-314 License tags - Kennels
Sec.4-315 Penalties for violation of sections 4-312 and 4-314
Sec.4-316 False statements
Sec. 4-317 Penalty for failure to obtain license
CHAPTER 4. ANIMALS AND FOWL
ARTICLE I. IN GENERAL
Sec. 4-100 Definitions.
The following words as used in this chapter shall have the following meanings:
(1) Abandon. The term "abandon" means to desert, forsake, or absolutely give up an animal without
having secured another owner or custodian for the animal or by failing to provide the elements of basic care as
set forth in Virginia Code ~ 3.1 796.68 S 3.2-6503 for a period of five consecutive days.
(2) Adequate care or care. The term "adequate care" or "care" means the responsible practice of good
animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter,
transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and
type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of
health.
(3) Adequate exercise. The term "adequate exercise" or "exercise" means the opportunity for the
animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition
of the animal.
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Draft: August 15,2008
(4) Adequate feed. The term "adequate feed" means access to and the provision of food which is of
sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is
prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is
provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests;
and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily,
except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting
normal for the species.
(5) Adequate shelter. The term "adequate shelter" means provision of and access to shelter that is
suitable for the species, age, condition, size, and type of each animal; provides adequate space for each
animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects
of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables
each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats, provides a
solid surface, resting platform, pad, floormat, or similar device that is large enough for the animal to lie on in a
normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or
slat floors (i) permit the animals' feet to pass through the openings, (ii) sag under the animals' weight, or (iii)
otherwise do not protect the animals' feet or toes from injury are not adequate shelter.
(6) Adequate space. The term "adequate space" means sufficient space to allow each animal to (i)
easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position
for the animal and (ii) interact safely with other animals in the enclosure. When an animal is tethered,
"adequate space" means a tether that permits the above actions and is appropriate to the age and size of the
animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the
animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or
from extending over an object or edge that could result in the strangulation or injury of the animal; and is at
least three times the length of the animal, as measured from the tip of its nose to the base of its tail, except
when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of
movement would endanger the animal, temporarily and appropriately restricting movement of the animal
according to professionally accepted standards for the species is considered provision of adequate space.
(7) Adequate water. The term "adequate water" means provision of and access to clean, fresh, potable
water of a drinkable temperature which is provided in a suitable manner, in sufficient volume, and at suitable
intervals, but at least once every twelve hours, to maintain normal hydration for the age, species, condition,
size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states
of hibernation or fasting normal for the species; and is provided in clean, durable receptacles which are
accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests
or an alternative source of hydration consistent with generally accepted husbandry practices.
(8) Adoption. The term "adoption" means the transfer of ownership of a dog or cat from a releasing
agency to an individual.
(9) Agricultural animals. The term "agricultural animals" means all livestock and poultry.
(10) Ambient temperature. The term "ambient temperature" means the temperature surrounding the
animal.
(11) Animal. The term "animal" means any domestic animal, including both agricultural and
companion animals, if not specified otherwise. For the purposes of article IV, "animal" means any species
susceptible to rabies.
ll2lf81 Animal control officer. The term "animal control officer" means any person employed,
contracted, or appointed by the Commonwealth or any political subdivision for the purpose of aiding in the
enforcement of any other law or ordinance relating to the licensing of dogs, control of dogs and cats, cruelty to
animals, or seizure and impoundment of companion animals and includes any state or county police officer,
animal control officer, sheriff or other employee whose duties in whole or in part include assignments which
involve seizure or taking into custody of any dog or other animal.
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Draft: August 15,2008
LW~ Animal shelter. The term "animal shelter" means a facility which is used to house or contain
animals and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare
society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare,
protection, and humane treatment of animals.
(14) Boarding establishment. The term "boarding establishment" means a place or establishment
other than a pound or animal shelter where companion animals not owned by the proprietor are sheltered, fed,
and watered in exchange for a fee.
(15) Collar. The term "collar" means a well-fitted device, appropriate to the age and size of the
animal, attached to the animal's neck in such a way as to prevent trauma or injury to the animal.
(16) Companion animal. The term "companion animal" means any domestic or feral dog, domestic or
feral cat, non-human primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native
animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of
a person or any animal which is bought, sold, traded, or bartered by any person. Agricultural animals, game
species, or any animals regulated under federal law as research animals shall not be considered companion
animals for the purposes of this chapter.
(17) Enclosure. The term "enclosure" means a structure used to house or restrict animals from
running at large.
(18) Euthanasia. The term "euthanasia" means the humane destruction of an animal accomplished by
a method that involves instantaneous unconsciousness and immediate death or by a method that involves
anesthesia, produced by an agent which causes painless loss of consciousness, and death during such loss of
consciousness.
(19) Hearine doe. The term "hearinl! dOl!" means a dOl! trained to alert its owner bv touch to
sounds of danl!er and sounds to which the owner should resoond.
(20) Kennel. The term "kennel" means anv establishment in which five or more canines. felines.
or hvbrids of either are keot for the ourooses of breedinl!. huntinl! traininl!. rentinl!. buvinl!. boardinl!. sellinl!.
or showinl!.
~ Livestock. The term "livestock" includes all domestic or domesticated: bovine animals;
equine animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of the genus
Lama; ratites; fish or shellfish in aquaculture facilities, as defined in Virginia Code ~ 3.1 73.6 S 3.2-2600;
enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual animal
specifically raised for food or fiber, except companion animals.
(22)~ Owner. The term "owner" means any person who: (i) has a right of property in an animal,
(ii) keeps or harbors an animal, (iii) has an animal in his care, or (iv) acts as a custodian of an animal.
(2ll~ Person. The term "person" means any individual, partnership, firm, joint-stock company,
corporation, association, trust, estate, or other legal entity.
~ Poultry. The term "poultry" includes all domestic fowl and game birds raised in captivity.
~~ Pound. The term "pound" means a facility operated by the Commonwealth, or county for the
purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals; or a facility
operated for the same purpose under a contract with any county, city, town, or incorporated society for the
prevention of cruelty to animals.
(26)~ Primary enclosure. The term "primary enclosure" means any structure used to immediately
restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment, or hutch.
For tethered animals, the term includes the shelter and the area within reach of the tether.
3
Draft: August 15,2008
(27) Releasine aeencv. The term "releasing agencv" means a oound. animal shelter. humane societv.
animal welfare organization. society for the orevention of crueltv to animals. or other similar entitv or home-
based rescue. that releases comoanion animals for adootion.
(28) Service doe. The term "service dog" means a dog trained to accomoanv its owner for the
oumose of carrying items. retrieving obiects. nulling a wheelchair or other such activities of service or suooort.
(29)~ Sterilize or sterilization. The term "sterilize" or "sterilization" means a surgical or chemical
procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing.
(30)~ Treatment or adequate treatment. The term "treatment" or "adequate treatment" means the
responsible handling or transportation of animals in the person's ownership, custody or charge, appropriate for
the age, species, condition, size and type of the animal.
(ill~ Veterinary treatment. The term "veterinary treatment" means treatment by or on the order of
a duly licensed veterinarian.
(Code 1967, S 4-4; 4-13-88; Code 1988, S 4-4; Ord. 98-A(1), 8-5-98; Ord. 08-4(2), 9-3-08)
State law reference Similar provisisns, Va. CSSEl ~ 3.1 796.66 Va. Code 00 3.2-6500. 6528.
ARTICLE III. LICENSES
Sec. 4-300 Required.
It shall be unlawful for any person other than a releasing agencv that has registered as such annuallv
with the countv to own a dog four (4) months old or EWer older in the county unless such dog is licensed, as
required by the provisions of this division article.
(Code 1967, S 4-17; 9-13-89; Code 1988, S 4-20; Ord. 98-A(1), 8-5-98; Ord. 08-4(2),9-3-08)
State law reference- Similar prevision, Va. Code ~ 3.1 7%.85 Va. Code 0 3.2-6524.
Sec. 4-301 Procedure for obtaining licenses.
A. Any resident of this county may obtain a one vear. two vear. or three-vear dog license by
making oral or written application to the director of finance or his designee ageflt, accompanied by the amount
of the license tax and a current certificate of vaccination as reauired bv this chanter or satisfactorv evidence
that such certificate has been obtained.
B. The director of finance or his ageflt designee shall license only dogs of resident owners or
custodians who reside within the county, and may require information to this effect of any applicant. Upon
receipt of ~ proper application and a current certificate of vaccination as reauired bv this chaoter or satisfactorv
evidence that such certificate has been obtained, the director of finance or his ageflt designee shall issue a
license receipt, on which he shall record the name and address of the owner or custodian, the date of payment,
the year for which issued, the serial number of the tag, whether male or female. whether soaved or neutered. or
whether a kennel, unsexed female, female or kennel, and deliver the metal license tags or olates orovided for
herein. to the applicant. Multi-vear dog licenses mav onlv be issued uoon evidence that the certificate of
vaccination is valid for the duration of the multi-year license.
C. The director of finance or his designee shall retain the annlication information during the
neriod for which such license is valid. and shall be available for oublic insnection.
D. It shall be unlawful for anv oerson to make a false statement in order to secure a dog license
to which he is not entitled. Anv oerson convicted of making a false statement in order to secure a dog license
to which he is not entitled shall be guiltv of a Class 4 misdemeanor and nunished bv a fine of not more than
two hundred fifty dollars ($250.00),
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Draft: August 15, 2008
E. Anv oerson convicted of failure to oav the dOl! license tax imoosed bv this division orior to
Februarv 1 of anv vear or at such other time as mav be required bv this division on anv dOl! four (4) months of
al!e or older and owned bv him shall be I!uiltv of a Class 4 misdemeanor and ounished bv a fine of not more
than two hundred fiftv dollars ($250.00). ·
(Code 1967, S 4-18; 5-15-75; Code 1988, S 4-21; Ord. 98-A(1), 8-5-98, S 4-301; Code 1967, S 4-33; Code
1988, S 4-36; Ord. 98-A(1), 8-5-98, S 4-316; Code 1967, S 4-34; 4-13-88; 9-13-89; Code 1988, S 4-37; Ord.
98-A(1), 8-5-98, S 4-317; Ord. 08-4(2), 9-3-08)
State law reference- Similar pr0'/isiefls, Va. Cede ~~ 3.1 796.86, 3.1 796.12g(1) Va. Code SS 3.2-6527. 3.2-6530(8).
3.2-6587(A)'
Sec. 4-302 What license shall consist of: eEvidence of rabies vaccination: duolicate tal!s. prerequisite to
issuftnee of Iieense.
A. A dOl! license shall consist of a license receiot and a metal tal!. The tal! shall be stamoed or
otherwise oermanentlv marked to show the countv has issued the license and bear a serial number or other
identifvinl! information orescribed bv the countv.
B. No dog license shall be issued for anv dOl! by the director of fina-nce or his agent for any dog
unless there is presented to the director of finance or his desiQ:11ee agent, at the time application for such license
is made, evidence satisfactory evidence to him or his agent that such dog has been inoculated or vaccinated
against rabies. as required bv section 4-301. bv a currentlv licensed veterinarian or currentlv licensed
technician who was under the immediate and direct suoervision of a licensed veterinarian on the oremises.
within the past thirty six (36) months with a rabies vaceine approved by the state department of health.
C. If a dOl! license tal! shall become lost. destroved or stolen. the owner or custodian shall at
once aoolv to the director of finance or his desiQ:11ee for a duolicate license tal! bv oresentinl! the oril!inal
license receiot. Uoon affidavit of the owner or custodian before the director of finance or his desiQ:11ee that the
oril!inal license tal! has been lost. destroved or stolen. he shall issue a duolicate license tal!. The owner or
custodian shall immediatelv affix the duolicate license tal! to the collar of the dOl!. The director of finance or
his desiQ:11ee shall endorse the number of the duolicate and the date issued on the face of the oril!inal receiot.
The fee for a duolicate tal! shall be one dollar ($1.00),
(Code 1967, S 4-19; Code 1988, S 4-22; Ord. 98-A(1), 8-5-98, S 4-302; Code 1967, S 4-25; 4-23-88; Code
1988, S 4-28; Ord. 98-A(1), 8-5-98, S 4-308; Code 1967, S 4-28; 4-13-88; Code 1988, S 4-31; Ord. 98-A(1), 8-
5-98, S 4-311; Ord. 08-4(2), 9-3-08)
State law reference Reql:liriRg evideRee of rabies vaeeinatieR te be presented prior te issuanee sf lieense, Va. Code ~
3.1 79fJ.97 Va. Code SS 3.2-6526 6532.
Sec. 4-303 Veterinarians to orovide treasurer with rabies certificate information: civil oenaltv.
A. Each veterinarian who vaccinates a dOl! al!ainst rabies or directs a veterinarv technician in his
emolov to vaccinate a dOl! al!ainst rabies shall orovide the owner a coov of the rabies vaccination certificate.
The veterinarian shall forward within fortv-five (45) davs a coov of the rabies vaccination certificate or the
relevant information contained in such certificate to the county's director of finance.
The rabies vaccination certificate shall include at a minimum the siQ:11ature of the veterinarian. the
animal owner's name and address. the soecies of the animal. the sex. the al.!e. the color. the orimarv breed.
whether or not the animal is soaved or neutered. the vaccination number. and exoiration date. The rabies
vaccination certificate shall indicate the localitv where the animal resides.
B. It shall be the resoonsibility of the owner of each vaccinated animal that is not alreadv
licensed to aoolv for a license for the vaccinated dol.!. If the director of finance determines. from review of the
rabies vaccination information orovided bv the veterinarians. that the owner of an unlicensed dol.! has failed to
aoolv for a license within 90 davs of the date of vaccination. the director of finance shall transmit an
aoolication to the owner and request the owner to submit a comolete aoolication and oav the aoorooriate fee.
5
Draft: August 15,2008
Uoon receiot of the comoleted aoolication and oavment of the license fee. the director of finance or his
desilmee shall issue a license receiot and a oermanent tag.
The director of finance shall remit anv rabies vaccination certificate received for anv animal owned bv
an individual residing in another localitv to the local treasurer for the aoorooriate localitv.
Anv veterinarian that willfullv fails to orovide the director of finance with a coov of the rabies
vaccination certificate or the information contained in such certificate mav be subiect to a civil oenaltv not to
exceed $10 oer certificate. Monies raised oursuant to this subsection shall be olaced in the county's general
fund for the oumose of animal control activities including soav or neuter orograms.
(Ord. 08-4(2), 9-3-08)
State law reference-Va. Code ~ 3.2-6529.
Sec. 4-30~3 Amount of license tax.
A. Dog license taxes shall be as follows:
1. Pemale. Five dolla:rs ($5.00).
2. Femal.e, unscxed (successfully spayed). Three dollars ($3.00).
3. US/I.e, neutcr-cd. Three dollars ($3.00).
4. Mal.e, unneutered. Fiye dollars ($5.00).
5. Kennel, twenty dogs. Fifteen dolla-rs ($15.00).
6. Kennc!, fifty dogs. Twenty five dollars ($25.00).
1. Svaved Female/Neutered Male.
One vear tag: Five dollars ($5.00)
Two vear tag: Ten dollars ($10.00)
Three vear tag: Fifteen dollars ($15.00)
2. Unsvaved Female/Unneutered Male.
One vear tag:
Two vear tag:
Three vear tag:
Kennel license
Ten dollars ($10.00)
Twentv dollars ($20.00)
Thirtv dollars ($30.00)
Fiftv dollars ($50.00) oer block often dOllS
3.
B. No license tax shall be levied on any dog that is trained and serves as a guide dog for a blind
person or that is trained and serves as a hearing dog for a deaf or hearing impaired person, or anv dog that is
trained and serves as a service dog for a mobilitv-imoaired oerson.
(Code 1967, S 4-20; 12-20-73; 80-11-76; 2-13-85; 4-13-88; Code 1988, S 4-23; Ord. 98-A(1), 8-5-98, S 4-
303; Ord. 08-4(2), 9-3-08)
State law reference-.<^.meHFlt efli66fls6 ftJ6S, Va. Cea6 ~ 3.1 7% S7 Va. Code ~ 3.2-6528.
Sec. 4-30~ When license tax payable~.
A. The license tax imposed on dogs by this diT/ision article shall be due and oavable no later than
thirtv davs after a dog has reached the age of four months. or no later than thirtv davs after an owner acquires a
dog four months of age or older and each vear thereafter no later than Januarv 31 of each vear. and payable as
~
A. Not later than January 31 of each year, the ovmer of uny dog four months old or older shall
pay a license tax as prescribed in section 4 303.
6
oj
Draft: August 15,2008
B. If a dog shall become four months of age or if a dog over four months of age unlicensed by
this county shall come into the possession of any person in this county between January 1 and October 31 of
any year, a license tax for the current calendar year shall be paid forthwith by the owner.
C. If a dog shall become four months of age or if a dog over four months of age unlicensed by
this county shall come into the possession of any person in this county between November 1 and December 31
or any year, the license tax for the succeeding calendar year shall be paid forthwith by the owner and such
license shall protect the dog from the date of payment of the license tax.
(Code 1967, S 4-21; 9-13-89; Code 1988, S 4-24; Ord. 98-A(1), 8-5-98, S 4-304; Code 1967, S 4-23; Code
1988, S 4-26; Ord. 98-A(1), 8-5-98, S 4-306; Ord. 08-4(2), 9-3-08)
State law reference- Similar proyisioHS, Va. Code ~ 3.1 7%.1':1': Va. Code S 3.2-6530.
Sec. 4-30~S Payment of license tax subsequent to summons.
Payment of the license tax subsequent to a summons to appear before the judge of the general district
court or other court for failure to nav the license tax de-se within the time required shall not operate to relieve
such owner from any penalty for the violation of this division article.
(Code 1967, S 4-22; Code 1988, S 4-25; Ord. 98-A(1), 8-5-98, S 4-305; Ord. 08-4(2),9-3-08)
State law reference- Similar pnwisieBs, Va. Coae ~ 3.1 796.103 Va. Code S 3 2-6536.
See. 4 306 Term.
Dog licenses shall be T/alid for the culenda:r year, from Janua:l)' 1 to December 31.
(Code 1967, ~ 423; Code 1988, ~ 426; Ord. 98 A(l), 8598)
Sec. 4-307 Effect of dog not wearing collar and tag as evidence.
Any dog not wearing a collar bearing a license tag of the proper calendar year shall prima facie be
deemed to be unlicensed, and in any proceeding under this division article, the burden of proof of the fact that
the dog has been licensed or was otherwise not required to bear a tag at the time shall be on the owner of the
dog.
(Code 1967, S 4-24; Code 1988, S 4-27; Ord. 98-A(1), 8-5-98)
State law reference- Similar )'lrevisieBs, Va. Cede ~ 3.1 796 1':9 Va. Code S 3.2-6533.
See. 4 308 Lieense to eonsist of reeeipt and metal tag.
/\ dog license shall consist of a license receipt a:nd a metal tag.
(Code 1967, ~ 4 25; 423 88; Code 1988, ~ 4 28; Ord. 98.\.(1),85 98)
State law refereBee Similar proyisieHS, Va. Code ~ 3.1 796.90.
Sec. 4-30~9 Display of receipts: collar and tal! to be worn: oenalties.
A. Dog license receipts shall be carefully preserved by the owner licensees and exhibited
promptly on request for inspection by any animal control officer or other officer. DOl! license tal!s shall be
securelv fastened to a substantial collar bv the owner or custodian and worn bv such dOl!. It shall be unlawful
for the owner to nermit anv licensed dOl! four (4) months old or older to run or roam at lame at anv time
without a license tal!. The owner of the dOl! mav remove the collar and license tal! reauired bv this section
when:
(i) the dOl! is enl!al!ed in lawful huntinl!:
(ii) the dOl! is comnetinl! in a dOl! show:
(iii) the dOl! has a skin condition which would be exacerbated bv the wearinl! of a collar:
(iv) the dOl! is confined: or
(v) the dOl! is under the immediate control of its owner.
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Draft: August 15,2008
B. The license tal! for a kennel shall show the number of dOl!s authorized to be keot under such
license. and have attached thereto a metal identification olate for each of such dOl!s. numbered to corresoond
with the serial number of the license tal!. The owner of a kennel shall securelv fasten the license tal! to the
kennel enclosure in full view and keeo one of the identification olates orovided therewith attached to the collar
of each dOl! authorized to be keot enclosed in the kennel. Anv identification olates not so in use must be keot
bv the owner or custodian and oromotlv shown to anv animal control officer or other officer uoon request. A
kennel dOl! shall not be oermitted to strav bevond the limits of the enclosure. but this shall not orohibit
removinl! dOl!s therefrom temoorarilv while under the control of the owner or custodian for the ouroose of
exercisinl!. huntinl!. breedinl!. trial or show. A kennel shall not be ooerated in such manner as to defraud the
county of the license tax aoolvinl! to dOl!s which cannot be lel!allv covered thereunder or to anv manner which
violates other orovisions of this article.
C. The owner of anv dOl! found runninl! at lame at anv time of the vear in violation of this
section. uoon conviction. shall be I!uiltv of a class 4 misdemeanor and ounished bv a fine of not more than two
hundred fifty dollars ($250.001.
(Code 1967,94-26; 4-13-88; Code 1988, 94-29; Ord. 98-A(1), 8-5-98, 94-309; Code 1967, 94-31; 4-13-88;
Code 1988, 9 4-34; Ord. 98-A(1), 8-5-98, 9 4-314; Code 1967, 9 4-32; 4-13-88; Code 1988, 9 4-35; Ord. 98-
A(1), 8-5-98; Ord. 05-4(1),12-7-05,94-315; Ord. 08-4(2), 9-3-08)
State law reference- Similar )'lflwisieRs, Va. Code ~~ 3.1 796.92,3.1 796.128; Va. Code 55 3.2-6531. 3.2-6587(A)'
See. 4 319 Lieense tags Attaehment to eo liar.
Dog license tags shall be seol:lrely fastened to a substantial collar by the owncr or custodian and worn
by such dog.
(Code 1967, ~ 4 47; 4 13 88; Code 1988, ~ 1 30; Ord. 981\(1),8598)
See. 4 311 Lieense tags Contents.
Dog lioense tags shall be stamped or otherwise permanently Il1&rked to show the jl:lrisdiotion issuing
the license, the sex of the dog and the oalendar year for y;hich issued, and shall bear a serial number.
(Code 1967, ~ 128; 413 88; Code 1988, ~ 4 31; Ord. 98;\(1), 8598)
State la-V\' reference Similar provisions, Va. Code ~ 3.1 796.90.
See. 4 312 Lieense tags Collar and tag to be worn by dog; exeeptions.
It shall be rmla'.vful f{)r the owner to permit any licensed dog four (1) months old or older to run or
roam at large at any timc without a lioense tag. The owner of the dog muy remove the collar and lioense tag
required by this seotion (i) when the dog is engaged in lawful hunting, (ii) when the dog is competing in a dog
show, (iii) when the dog has a skin condition which would be cxacerbated by the wearing of a oollar, (iv) when
thc dog is confincd, or (v) v/hen the dog is under the immediate control of its O'liller.
(Code 1967, ~ 1 29; 4 13 88; 9 13 89; Code 1988, ~ 4 32; Ord. 981'\(1),8598)
State law ref-erence Similar provisions, Va. Code ~ 3.1 798.92.
See. 4 313 Lieense tags Daplieates.
If a dog license tag shall become lost, destroyed or stolen, the o';vner or custodian shall at once apply
to the direetor of finanoe or his agent for a duplicate license tag, presenting the original license reeeipt. Upon
affidavit of the O'.Vller or el:lstodian before the dircctor of finance or his agent that the original lioense tag has
been lost, destroyed or stolen, he shall issue a duplicate license tag, whioh the O'liller or custodian shall
immediately affix to the collar of the dog. The director of finanee or his agent shall endorse the number of the
duplicate and the date issued on the face of the original license receipt. The fee for a duplicate tag shall be one
dollar ($1.00).
(Code 1967, ~ 4 30; 4 13 88; Code 1988, ~ 133; Ord. 98 1^.(1), 8598)
State la-VI reference Similar pro'/isions, Va. CeGe ~ 3.1 7%.91.
8
Draft: August 15,2008
See. 4 314 Lieense tags Kennels.
The license tag for a kennel shall show the IRHllber of dogs authorized to be kept under such license,
and ha'le attaehed thereto a metal identification plate for each of such dogs, numbered to correspond with the
serial nl:lmber of the license tag. The ovmer of a kennel shall securely fasten the license tag to the kennel
endosure in full '/iew and keep one of the identification plates pro'/ided therewith attached to the collar of each
dog authorized to be kept enclosed in the kennel. ,\ny identification plates not so in use In1:lst be kept by the
oymer or custodian and promptly shown to any animal control officer or other officer l:1pon request. /\ kennel
dog shall not be pennitted to stray beyond the limits of the enclosure, but this shall not prohibit remo'/ing dogs
therefrom temporarily '.vhile under the control of the oymer or custodian for the purpose of exercising, hunting,
breeding, trial or show. /.. kennel shall not be operated in such manner as to defraud the county of the license
tax applying to dogs which cannot be legally covered thereunder or to in any manner violate other provisions
of this article.
(Code 1967, ~ 431; 413 88; Code 1988, ~ 134; Ord. 98 A(l), 8598)
See. 4 315 Penalties faF yialatian af seetians 4 312 and 4 314.
The owner of any dog found running at large at any time of the year in violation of either section 4
312 or section 4 314, upon cOll'liction, shall be guilty of a Class 4 misdemeanor and punished by a fine of not
more than two hundred fifty dollars ($250.00).
(Code 1967, ~ 132; 11388; Code 1988, ~ 4 35; Ord. 981\(1),8598; Ord. 054(1),12705)
State law referente Similar provision, Va. Code ~ 3.1 796.128,
See. 4 316 False statements.
It shall be unla'.vful for any person to make a false statement in order to secure a dog license to which
he is not entitled. Any person who shall make a false statement in order to secure a dog license to which he is
not entitled shall be fined not less than fiye dollars ($5.00) nor more than one hundred dollars ($100.00).
(Code 1967, ~ 1 33; Code 1988, ~ 1 36; Ord. 98 A(1), 8598)
State law referenee Similar fJf0visien, Va. Code ~ 3 1.798.128(1 ).
See. 4 317 Penalty faF failure ta abtain lieense.
hl-Y person convicted of failure to pay the dog license tax imposed by this division prior to February 1
of any year or at such other time as may be required by this division on any dog four (1) months of age or over
and o':med by him shall be fined not less than the amount of the license tax required for such dog nor more
than ten dollars ($10.00), and shall be required to obtain the proper license f-or such dog forth',vith.
(Code 1967, ~ 1 34; 4 13 88; 9 13 89; Code 1988, ~ 1 37; Ord. 98 }.(1), 8598)
State law refereBte Similar fJHJYisi0Fl, Va. Cede ~ 3.1 798.128(2).
This ordinance to be effective on and after November 1, 2008,
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true and correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County by a vote of to , as
recorded below, at a meeting held on
Clerk, Board of County Supervisors
Ave Nay
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
9
~
ORDINANCE NO. 08-17(4)
AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE COUNTY OF
ALBEMARLE, VIRGINIA, BY AMENDING ARTICLE III, STORMWATER MANAGEMENT AND WATER
QUALITY
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 17, Water
Protection, Article III, Stormwater Management and Water Quality, is amended and reordained as follows:
By Amending:
Sec. 17-319
Types of development exempt from duties to retain, establish or manage a stream buffer
Chapter 17. Water Protection
Article III. Stormwater Management and Water Quality
Sec. 17-319 Types of development exempt from duties to retain, establish or manage a stream buffer.
The following types of development shall not be required to retain, establish or manage a stream buffer,
provided that the requirements of this section are satisfied:
A. The construction, installation, operation and maintenance of electric, gas and telephone
transmission lines, railroads, and activities of the Virginia Department of Transportation, and their appurtenant
structures, which are accomplished in compliance with the Erosion and Sediment Control Law (Virginia Code 9~
10.1-560 et seq.) or an erosion and sediment control plan approved by the Virginia Soil and Water Conservation
Board.
B. The construction, installation, and maintenance by public agencies of water and sewer lines,
including water and sewer lines constructed by private interests for dedication to public agencies, provided that:
1.
stream buffer areas;
To the extent practical, the location of such water or sewer lines shall be outside of all
2. No more land shall be disturbed than is necessary to construct, install and maintain the
water or sewer lines; and
3. All such construction, installation, and maintenance of such water or sewer lines shall
comply with all applicable federal, state and local requirements and permits and be conducted in a manner that
protects water quality.
C. Silvicultural activities, provided that such activities are conducted in compliance with the water
quality protection procedures established by the Virginia Department of Forestry in its "Best Management
Practices Handbook for Forestry Operations."
D. The construction, installation and maintenance of runways, taxiways, and other similar or
appurtenant improvements at public airports, including the expansion or extension of those improvements,
provided that all applicable federal, state and local permits are obtained.
(919.3-43,2-11-98; 9 19.2-12, 6-19-91, ~ 12; Code 1988, ~9 19.2-12,19.3-43; Ord. 98-A(1), 8-5-98; Ord. 08-
17(4),9-3-08)
State law reference--Va. Code ~ 10.1-2108.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true and correct copy of an Ordinance
duly adopted by the Board of Supervisors of Albemarle County b a vote of six to zero, as recorded below, at a
meeting held on September 3. 2008.
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Ave Nav
y:
y:
y:
y:
y:
y:
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
WPT A 2008 -003 - Public Airport Runways and
Associated Improvements
AGENDA DATE:
September 3, 2008
ACTION: X
INFORMATION:
SUBJECT/PROPOSAUREQUEST:
Public hearing to consider an ordinance to amend
County Code 917-319 to exempt public airport
runways and associated improvements from stream
buffer requirements
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
STAFF CONTACT(S):
Messrs. Tucker, Foley, Davis, Kamptner, Graham,
and Brooks
REVIEWED BY:
LEGAL REVIEW: Yes
BACKGROUND:
On August 13, 2008, the Board authorized a public hearing to consider amending the Water Protection Ordinance
("Ordinance") to allow public airport runways and associated improvements to be exempt from stream buffer
requirements. The Charlottesville-Albemarle Airport's ("Airport") planned extension of its runway encroaches into
stream buffers protected by the Ordinance. The planned extension is shown in the Airport's master plan, is
incorporated into the County's Comprehensive Plan through the master plan, and is supported by the Board as
evidenced by its August 13, 2008 resolution of support. Additionally, the runway extension has already gone through a
federal approval process that included an environmental assessment.
STRATEGIC PLAN:
Effectively manage growth and development
DISCUSSION:
Staff recognized a potential conflict between a planned runway extension at the Airport and the Ordinance when
reviewing a site plan for the Airport that includes the runway extension. Staff found that the runway extension
encroached into a protected stream buffer and that a runway was not specifically addressed in the Ordinance. To
resolve this potential conflict, staff determined that either an ordinance amendment or an interpretation of the
Ordinance by the Program Authority would be required. Recognizing the Airport was under tight contractual timelines,
the Director of Community Development, acting as the Program Authority under the Ordinance, directed staff to
proceed with the review of the project, treating the runway as if it were a driveway. This delayed the need to make a
final interpretation and provided an opportunity to bring forward an ordinance amendment to address this issue. If the
Ordinance is not amended, an Ordinance interpretation will need to be finalized before approving or denying a grading
plan that allows disturbance of this stream buffer.
In proposing an ordinance amendment, staff considered three options for allowing a public airport runway within
protected stream buffers. Those options included:
1. Under ~ 17-319 of the Ordinance, treat a public runway as an exempted activity;
2. Under 9 17-320 of the Ordinance, treat a public runway as an authorized activity with established conditions;
and
3. Under 9 17-321 of the Ordinance, treat a public runway as a discretionary activity that requires a case by case
determination and mitigation plan.
Staff supports an amendment to make the public airport runway an exempt activity under 917-319 of the Ordinance
for the following reasons. First, water quality impacts associated with the runway extension are already regulated
A
AGENDA TITLE: WPTA 2008 -003 - Public Airport Runways and Associated Improvements
September 3, 2008
Page 2
under federal and state permits. This suggests that water quality regulation at the local level is redundant and would
divert scarce staff resources from other projects where there are no state and federal safeguards. Second, the
runway extension is already recognized by the County as a planned improvement in the Comprehensive Plan and by
the Board's August 13th resolution of support. This demonstrates that the runway extension should be viewed as a
Board endorsed project rather than a project subject to administrative denial by staff. Additionally, a public airport
runway is a unique and very rare development, suggesting that standard conditions as an authorized activity will likely
provide a poor fit. Finally, staff recognizes the Airport and the County have a long and cooperative relationship. While
such an exemption might not be appropriate for all development, staff is confident the Airport will remain open to staff
suggestions on additional water quality measures beyond what is required.
BUDGET IMPACT:
Staff has not identified any budget impact associated with the proposed ordinance amendment. This amendment
will simplify the County's administration of the grading permit, but that activity is already funded through the fees in
the Water Protection Ordinance. Under County policy, the Airport pays the same fees as any other developer.
RECOMMENDATIONS:
After the public hearing, staff recommends that the Board adopt the attached ordinance to exempt public airport
runways and associated improvements from the Water Protection Ordinance stream buffer requirement.
ATTACHMENTS
A - WPT A 2008-0003 Ordinance
Draft: 08/14/08
ORDINANCE NO. 08-17( )
AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE COUNTY
OF ALBEMARLE, VIRGINIA, BY AMENDING ARTICLE III, STORMW A TER MANAGEMENT AND
WATER QUALITY
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 17, Water
Protection, Article III, Stormwater Management and Water Quality, is amended and reordained as follows:
By Amending:
Sec. 17-319
Types of development exempt from duties to retain, establish or manage a stream buffer
Chapter 17. Water Protection
Article III. Stormwater Management and Water Quality
Sec. 17-319 Types of development exempt from duties to retain, establish or manage a stream buffer.
The following types of development shall not be required to retain, establish or manage a stream buffer,
provided that the requirements of this section are satisfied:
A. The construction, installation, operation and maintenance of electric, gas and telephone
transmission lines, railroads, andtlctivities of the Virginia Department of Transportation, and their appurtenant
structures, which are accomplished in compliance with the Erosion and Sediment Control Law (Virginia Code
~~ 10.1-560 et seq.) or an erosion and sediment control plan approved by the Virginia Soil and Water
Conservation Board.
B. The construction, installation, and maintenance by public agencies of water and sewer lines,
including water and sewer lines constructed by private interests for dedication to public agencies, provided that:
1.
stream buffer areas;
To the extent practical, the location of such water or sewer lines shall be outside of all
2. No more land shall be disturbed than is necessary to construct, install and maintain the
water or sewer lines; and
3. All such construction, installation, and maintenance of such water or sewer lines shall
comply with all applicable federal, state and local requirements and permits and be conducted in a manner that
protects water quality.
C. Silvicultural activities, provided that such activities are conducted in compliance with the water
quality protection procedures established by the Virginia Department of Forestry in its "Best Management
Practices Handbook for Forestry Operations."
D. The construction. installation and maintenance of runwavs. taxiwavs. and other similar or
aoourtenant imorovements at oublic airoorts. includinl! the exoansion or extension of those imorovements.
orovided that all aoolicable federal. state and local oermits are obtained.
(~ 19.3-43, 2-11-98; ~ 19.2-12, 6-19-91, ~ 12; Code 1988, ~~ 19.2-12, 19.3-43; Ord. 98-A(1), 8-5-98)
State law reference--Va. Code ~ 10.1-2108.
4
Draft: 08/14/08
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to _, as recorded
below, at a regular meeting held on
Aye Nay
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Clerk, Board of County Supervisors
.
Rivanna Conservation Society
P.O. Box 1501
Charlottesville, VA 22902-1501
(434) 977-4837
Statement of Sept. 3, 2008, regarding CHO Airport Runway Expansion
and Water Protection Ordinance Amendment
Good afternoon Mr. Chairman and members of the Board. My name is Tatyanna Patten and I'm
speaking on behalf of the Rivanna Conservation Society. We come today to voice our concern about the
proposed amendment to the County's Water Protection Ordinance.
Stream buffers are a critical component of healthy waterways and provide a number of water
quality benefits:
. They filter pollutants out of stormwater runoff.
. They hold streambanks in place when excessive runoff would otherwise carve sediment from
the banks and deposit it on the streambed.
. They provide shade that keeps water temperatures cool and protects aquatic habitat.
For these reasons, we have strongly supported the County's efforts to strengthen its buffer protections
over the past couple of years, and we are disappointed that the proposal before you tonight seems to
represent a step in the opposite direction.
It is our understanding that there are actually three possible ordinance amendments that would
adequately address the airport's need to expand the runway. Option #1 would unequivocally allow all
airport expansions and improvements as exempted activities from the water protection ordinance;
Option #2 would authorize all such airport activities with established conditions-conditions which
would be difficult to pin down, since not all activities would have the same impact; Option #3 would
treat all such airport activities as discretionary, requiring each project to be considered on a case-by-
case basis with a mitigation plan submitted for review.
Staff recommends Option #1. Under this option, as staff has explained it, the airport would not
even be required to submit a stream buffer mitigation plan showing how it will alleviate new intrusions
into its buffer areas by, for example, establishing a more robust buffer elsewhere. This
recommendation does not seem to recognize that the County's buffer mitigation requirements are
uniquely valuable. There is no state or federal law that we are aware of that requires such mitigation
when the County exempts a particular type of buffer disturbance. As a result, the list of outright
exemptions to this local ordinance should not be expanded lightly.
The particular runway expansion which has given rise to this proposed amendment has both a
public benefit and the approval of this body. We do not oppose this project. We appreciate that the
RECEIVED AT BOS MEETING
q'3'~ ooZ 1
~J
Agenda Item ,: vIM tbv y 1
Clerk's Initials: i' 'T' n
Date:
>,
I
airport has cooperated with staff in the past to put water protections in place and, by all the
communications to date, appears willing to do the same in this case. Voluntarily, the airport
management has put forth a strong mitigation plan for the erosion and sediment caused by their
construction and is pursuing post-expansion restoration possibilities. The current airport management
has, in our opinion, established good faith in addressing the watershed concerns of this project in the
development of their plan and we trust them to continue in the same vein.
However, we fear the precedential value the amendment described in Option #1 may have with
respect to other proposals. The wording of it is too broad, covering not just this runway expansion, but
all expansions and improvements. Future airport projects may not meet the needs or complement the
intent of the County's Comprehensive Plan as well as this project does. Ms. Hutchinson has been very
forthcoming, providing public assurance and pursuing environmentally sound practices, but future
management may not be as sensitive to these issues. Is it right to allow any developer or business--even
one which provides a public benefit--carte blanche in all future cases to ignore the protections we have
enacted for our watershed just to move one project forward? Arguably no; otherwise this Board would
not have instituted those protections. We look to you, our County officials, to exercise judgment over
just these kinds of matters. Option #1, the exemption amendment, would essentially bypass an
important public interest safeguard on future projects.
Therefore, we think the better solution here is Option #3-amend ~ 17-321 of the Water
Protection Ordinance to simply require the airport to submit a mitigation plan, as other developments
have to do--rather than creating a new exemption outright. Option #3 still allows this desired runway
expansion to move ahead, but does not promise exemption to all future airport activities. Nor does it
grant an exemption that other entities which provide public benefits, like Amtrak, UVA, or Martha
Jefferson, might use as precedence to establish expansion exemptions of their own. The airport has
already looked into mitigation and restoration remedies on this project. It seems to us that meeting
such a requirement is not unreasonable.
Thank you for this opportunity to offer our input.
Tatyanna Patten
Vice-President, Rivanna Conservation Society
2
CRYOTECH E368
MATERI AL SAFETY DATA SHEET
+eRva.,..eH
1. PRODUCT NAME & o ESCRI PTl ON
QYOlech E368 Liquid Runway Oeic:.er
o,mplies wllh Specification AMS 1435
MANUFACTURED AND SUF'Pl1 ED I N THE USA BY
Cyoled! Deicing Technology
6103 Orthoway
Fort Madison, IA 52627
Uniled Sales
Cryotech Conlacll nlormation
Telephone: (800)346-7237
FAX: (319)372-2662
email: deiClll'S/liIr.rynIed1 com
web&ile: tIItD:lfwww.cryotech.com
2. CHEMI CAL COMPOSI Tl ON
The percent oompositions are given to allow lor the various ranges ollhe
components presenl in the wtlole product and may not equal 1 oo'Yo.
Percent
100%
Containing
50%
<1.0%
50%
Componenl CAS#
Oyo!ec:h E364l1
F\:ltassium Acetate 127-08-2
Corrosion Inhibitors In
Water 7732-18-5
CAS - Otemical Abstract Service Number
3. HAZARD IDENTIFICATION
(also see Sections 11 and 12)
CAUTION! - MAY CAUSE EYE IRRITATION
EYE CONTACT:
This subslance is slightly irritating 10 Ihe eyes and OOlJld cause prolonged
(days) Impairment 01 your vision. The degree of the Injury will depend on
Ihe amount 01 malerial that gels into the eye and Ihe speed and thoroughness
of the first aid treatment. Sgns and symploms may include pain, tears,
swelling, redness and blurred vision.
SKIN I AAI TATI ON:
This subslance is not expecied to cause prolonged or significant skin irritation.
DERMAL TOXI CI TV:
The systematic toxicity 01 this substance has not been determined. Howevar,
it should be practically non-toxic to internal organs if it gets on the skin.
RESPI RATORY/I NHALATI ON:
This material does not present an inhalation hazard.
INGESTION:
If swallowed. this substance is considered practically non-toxic to internal
organs. Inge&tion may cause irritation 01 the digestive tract which may
result in nausea, vomiting and diarrhea.
This product contains potassium sallS. Ingestion 01 large amounls (25 or
more grams) 01 potassium salts usually causes a person 10 vomit. II the
person is not suflering lrom a preexisting kidney condition. the absorbed
potassium is rapidly excreted in the urine. However, very young dlildren or
individuals with compromised kidney aneIIor cardiac function could experience
the following elfects after ingesting excessively large doses of potassium
salts: Irritation and inflammation of the stomach lining, muscular weakness,
burning, tingling and numbll8SS sensations of hands and feet, slower heart
beat, reduced blood pressure, Irregular heart beat and cardiac arrest.
OCCUPATIONAL EXPOSURE LI MITS:
None ldentilied
4. FI RST AI D MEASURES
O1emical Emergency: /:pill, leak, lire, or lIIlCident call
O1emtrec day or night (800)424-9300;
OJtside continental USA call (703)527.3887
EYE CONTACT:
Rush eyes immediately with fresh water for at least 15 minules while
holding the ayelids open. Remove contacllenses II worn. No additional
first aid should be necessary. However, il irritation persists, Il8lI a doctor.
SKIN CONTACT:
No firS! aid procedures are required. As a precaution. wash skin thoroughly
with soap and Waler. Remove and wash contaminated clothing.
INHALATION:
Since this material is not expected to be an immediate inhalalion problem.
no lirst aid procedures are required.
I NGESTl ON:
If SWallowed, give water or m~k to drink and telephone lor medical advice.
DO NOT make lhe person vomil unless directed to do SO by medical perlIDI1ne1.
If medical advice cannot be obtained. then take the person and prodUd
container to Ihe neares! medical emergency Ireatment O8I'ller or hospital.
5, Fl RE Fl GHTI NG MEASURES
FLASH POI NT: NA
AUTO IGNITION: NA
FLAMMABI LI TY LI MI TS ('Yo by volume In air):
Lower: NA Upper: NA Non.flammable
EXTI NGUI SHI NG MEDI A:
NA - Material is not flammable
FI RE FI GHTl NG PROCEDURES:
This materIal normally will not burn.
COM BUSTI ON PRODUCTS:
Normal oombUSlion lorms carbon dioxide and water vapor.
NFPA RATI NGS;
Health 1; Aammability 0; Reactivity 0; Special NDA:
(least - 0, Sight. 1. Moderate - 2, High - 3. Extreme. 4)
These values are obtained using the guidelines or published evaluations
prepared by the National Fire fItotection Association (NFPAj or the
National Paint O>aIlng A&socIation.
6. AGel DENTAL RELEASE MEASURES
O1emical Emergency: ~ill, leak, lire. or accident c:aJI
Qrtside continental USA call (703)527-3887
O1emtrec day or night (800)424-9300:
Contain spillage and absorb on suilable malerlal e.g. sawdust. sand or
earth. Transfer to a container for dlspOlilll. See section 13.
Wash lhe spillage area with plenty of wafer.
7. HANDLI NG AND STORAGE
Avoid oontact wilh skin and eyes.
Avoid breathing mists when spraying.
Store in clean v8Sli8ls and containers.
Do not store or handle product with 8ylilems constructed of wetted parts
thaI have galvanized sleeI, zinc or brass components.
~
CRYOTECH E3Se
MATER I AL SAFETY DATA SHEET
8. EXPOSURE CONTROLS! PERSONAL PROTECTION
EYE PROTECTION:
Do not get this material in your eyes. EYe contact can be avoided by
wearing chemical goggles.
SKI N PROTECT I ON:
No specialllkin proteclion is usually necessary. Avoid prolonged or
frequently repeated skin contact with this material. ~in contact can be
minimized by wearing protedive clothing.
RESPI RATORY PROTECT I ON:
No special respiratory protection is normally required.
VENTILATION:
No special ventilation is neosssary.
9 PHYSI GAL AND CHEMI CAL PROPERTl ES
SOLUSI Ll TY: Completely miscible in water.
Appearance: Oear. colorless to light straw colored liquid.
(May be dyed blue at QJstomar request)
BOILING POI NT: ~115OC
MEL TI NG POI NT: -40OC
EVAPORATION: No Data Available
SPEClFICGRAVITY: 1.28@20OC
VAPOR PRESSURE (20'C): 17 mm Hg
PERCENT VOLAT' LE (VOLUME % I: No Dala Available
VAPOR DENSITY (AI R = 1): No Data Available
VISCOSITY: 6.5cP@20OC
pH: 10.5 - 11.5
1 Q. STABI LI TY & REACTI VI TV
HAZARDOUS DECOMPOSI TI ON PRODUCTS:
None known.
STABILITY:
Sable.
HAZARDOUS POl YMEAI ZA TI ON;
A>lymerilallon will not occur.
INCQMPATlBILI TY:
May react with strong acids or strong oxidizing agents. such as chlorates,
nitratll&. peroxides. etc. Avoid prolonged contact with reactive metals such
as magnesium and zinc. especially in cIosIld systems where hydrogen gas
may accumulate over time.
SPECI AL PRECAUTIONS:
RE:AO IWO 0BSalIIE ALL PfECAUTICWS O\j PRJOUCT LABEl...
Store awtllf from strong oxidizing materlal5.
11. TOXI COLOGI CAL I NFORMATI ON
EYE IRRITATION:
No product toxicology dala available. The hazard evaluation was based on
dala from similar products.
SKIN IRRITATION:
No product toxicology data available. The hazard evaluation was based on
dala Irom similar producls.
DERMAl TOXI CI TY:
No product toxicology data available. The hazard evaluation was based on
dala from similar produclS.
RESPI RATORY/ I NHALATI ON:
No product toxicology data available. The hazard evaluation was based on
data from similar products.
I NGESTI ON: The orallDSO in rats is greater than 5.0 g/kg.
12 ECOLOGICAL INFORMATION
<XJO(TOO); 0.309O2''9
~@2'C 0.30 g O.ig
BaJ2o@20"C 0.30902''9
BaJs@20'C: 0.14002"0
13. 01 SPOSAL CONSI DERATION
Based 00 Information available to Oyotech Deicing Technology, this produa
is neither listed 1I5 a hazardous waste nor does it exhibit any of the charact-
eristics that would cause it 10 be classified or dil!ipOlIIId of as an Fr:AA
hazardous waste. "product !ltlould spill or be otherwise unsuitable tor
normal deicing applications. it may be absorbed on llUitable materials and
disposed of in sanitary landfill unless Slate or local regulations prohibit
such disposal.
14. TRANSPORT I NFORMATI ON
Not restricted under any tr~ort regulations.
15 . REGULATORY t NFORMA TI ON
DOT SHI ppt NG NAME: Not designated as a hazardous material by the
Federal DOT.
DOT HAZARD CLASS: Not Applicable
DOT IDENTIFICATION NUMBER: Not Applicable
SARA 311 CATEGORI ES:
,. 'mmediate (Acute) HeaI1h Bleets:
2. Delayed (01ronic) Health Effects:
3. Are Hazard:
4. &Jdden RilIease of Pressure Hazard:
5. Reactivity Hazard:
REGULA TORY LI STS SEARCHED:
Ot = SARA 313
03 - NTPCarclnogen
05= MI406
07.. IAACQ-oup 2A
09.. SARA 3021304
"-NJRTK
13. ~RTK
15.. ACGIH STEL
17 _ OSHAlWA
20 - EPA Carcinogen
22 = TSC'A Sect 5(a)(e)(f)
24 '" TSC'A Sect 12(b)
26 '" TSCA Sect 8Cd)
29 . OSHA 00 LI NG
None 01 the componenls 01 this malarial are found on the regulatory lists
indicated.
Yes
No
No
No
No
02 .. MASS RT1<
04 .. C'A A'op. 65
06.. I~Group 1
08 = IAACQ-oup 2B
10.. PARTK
12 .. CSll.A 302.4
14 .. AOOIH TLV
16.. ACX3IH ClIIwlated TLV
18 . Cl&IA sra
21 .. TSC'A Sed 4( e}
23 " TSC'A Sed 6
25.. TSC'A Sect 8(a)
28 " Canadian WHMl S
16. OTHER I NFORMATI ON
This Material Safety Data Sheet contains environmental, health and
toxicology information for your employees. Rease make sure this
information is given to them. It also contains information to help you meet
community righHo.know/emergency response reporting requirements
under SAAA Tille III and many other laws. If you r__ thi5 product, this
II.mS must be given to the buyer or lhe information incorporated In your
MSDS. Discard any previous edition of this MSOS. latest version of
this MSOS can be found at hllp:/ / www.cryotech.com
The above information is acaJrate to the best 01 our knowledge. However, since data. safety standards, and government regulations are SUbjeclto change and the
COnditions of handling and use or misuse are beyond our control. Cryolech Deicing Technology, a Division 01 General Atomics I nternational Services
Corporatlon makes no warranty, either express or Implied. with respect 10 the completeness or continuing accuracy of the information conlained
herein and disclaim5 all liability for reliance thereon. Oyotech Deicing Technology, a Division of General Atomics International Services Corporation a&aIITles no
responsibility lor any injury or loss resulting from the use of Ihe product described herein. USer !ltlould satisfy himself that he has all QJrrent data r&levant to his
particular use.
,.
+C.V""'.CH
SAFE RUNWAYS ANo A
CLEAN ENVIRONMENT
"-
SPEC: CRYOTECH E36@
LIQUID RUNWAY DEICER
BENEFITS
. Safe for runways: meets FAA-approved specifications
. Safe for the environment: non-persistent, biodegradable, low BOD
. Fast: runways are available sooner
. Staying power: works longer, requiring fewer applications
. Easy to apply: applied with existing equipment
PERFORMANCE
. Excellent anti-icing characteristics
. Effective to temperatures below -200F (-290C)
. Less slippery than glycol-based products
APPLICATION
. Deicing:
1 gallon/1000ft2 (50 g/m2) near 320F (OOC) on thin ice
3 gallons/1000ft2 (150 g/m2) below 100F (-120C) on 1 inch ice
. Anti-icing:
0.5 gallons/1000ft2 (25g/m2)
. Re-apply when new accumulation shows first tendency to bond
. Plow often to reduce fluid dilution
. Prewetting - apply at spreader outlet at a rate of 1.25 gallons per 100 Ibs (130g/kg) of solid deicer
ENVIRONMENT
. Lower BOD
. Readily biodegrades
. Does not contain urea
. Recognized as "relatively harmless" by U.S. Fish and Wildlife scale
HANDLING
. Polyethylene containers are preferred, otherwise use carbon, low alloy, or stainless steel containers
. Containers must be clean and free of rust, surface deposits, and residues
. E36 should not be stored or plumbed through systems that use galvanized,
zinc, or brass components
. Best practices include storing totes and drums in areas protected from
weather and exposure to direct sunlight
ISO 9001
c.II'II....
o
.
eMS asa:
C'r-po 0...",,..,,,,"... t:._... L_n n""'__II,.._ C""'r-,-a,..,,.......'_..I,..
'M 39..2
I
PRODUCT SPECIFICATIONS:
Cryotech E36@
COMPOSITION
50% aqueous potassium acetate solution, by weight,
plus corrosion inhibitors
Clear, colorless*, mobile liquid, free from matter in
suspension
At 200C (680F) = 10.7lbs/gallon (1.28 g/cm3)
APPEARANCE
DENSITY
VISCOSITY
At 200C (680F) = 10cp maximum
At OOC (320F) = 20cp maximum
Nonflammable
FLASH POINT
FREEZING POINT
-600C (-760F)
MISCIBILITY
WITH WATER
Complete
STORAGE
E36 should not be stored or plumbed through systems
that use galvanized, zinc, or brass components
11.0 :t 0.5
TYPICAL pH
SPECIFIC GRAVITY At 200C = 1.25 - 1.30
PACKAGING
55 gallon drums (208 liters) - (4 minimum)
265 gallon tote (1003 liters) - (1 minimum)
Bulk - (4400 gallons minimum)
*MAY BE DYED BLUE AT CUSTOMER REQUEST
u
BOD
(Biological
Oxygen
Demand)
E36 LRD
Requires Less
Oxygen
to Biodegrade
U
t~
m!iI 'IMflOD
_.DM...
_101Al.HD
I~
Iou
I..
IA'
cu
.... RIIID ,.
Source: NW Aquatic LAbcntories, 1992
Alrpons" Groundwater Contamlnatkln Seminar, Windsor Loci,.. CT. 1989
Revised - 4/08
TO ORDER OR FOR PRODUCT INFORMATION CONTACT:
Ph: +1 319.372.6012 or +1 800.346.7237 Fax: +1 319.372.2662 E-mail: deicers@cryotech.com
cconorr,,(; l:Sener,ts
.
of Virginia's Airports
Virginia airports generate a total of almost
S 1 0.8 billion in economic activity, and are
responsible for over 164,000 jobs and nearly
$5 billion in wages.
The Virginia Department of Aviation has
undertaken a study of the economic
I'
impacts of all public-use airports in the
Commonwealth. The goal of this study is to
quantify and publicize the positive
economic benefits public-use airports
provide to both the Commonwealth and
their local communities. The results of this
effort are presented in this Executive
Summary.
Total Impacts
, -"'!{t~~r~ril~.N{".~::-
~-:.~~'~--;~';,-'::~....:::: .':.;'~~-;_: - -:'~~}'_:_~;;":;:~..~ -<.- -', ~ "~,;-~--:~
~ ..
Each airport job generates more man
3.7 additional jobs throughout Virginia.
....... -- ----
-
IIAlI COU~T
Almost 60,000 people each day board
commercial aircraft at Virginia airports.
More than 164,000 people work each
day at Virginia's airports, or at airport
dependent businesses.
. .
t:~ . __~ _ - _ "., -~ ~..-. ~:.--- - -~- - . - ,-~..~~~-,;.----~:~~~;.-: - : . ~ . -'," -~. :;., P: -, '-_ "i_ -.~ :;:~:~;--_:~~:~~
. Every S 1 spent at Virginia public-use
airports returns an additional $2.93 in
economic activity throughout the
Virginia economy.
. Virginia GA public-use airports
generated $300 of economic impact
for every take-off and landing.
Nearly 7,000 takeoffs and landings take
place each day in the State.
. Virginia Air Carrier airports generated
$2.765 of economic impact for every
take-off and landing.
Airports Benefit All Virginians
Through:
General Aviation visitors spent an
. Airline Service average of more than $128 per person
per visit.
. Search and Rescue
. Air Medical Transport
I . Public Safety
. Agriculture
I.
I . Recreation and Tourism
. Just-in-time Shipping
. Weather Reporting More than 1100 visitors a day arrive in
Virginia from General Aviation airports.
. Corporate Travel
I
:vv.nOT IS Economic
.
Impact?
The term "economic impact" is commonly
used to describe the economic
contribution of an industry or activity to
regional and state economies. These
overall economic effects are measured in
jobs, wages, and economic activity
(business sales).
~~':;"4~~- :'. ~. . _.. -~'.' '- _- . _ - ~: - - ':..:~'::l~
Types of Economic Impact
Total economic impacts are derived from
the sum of on-airport impacts. visitor
spending, and spin-off impacts. In addition,
airport dependent impacts are provided to
show the importance of each airport to the
business community. All impacts reported
represent a base year of 2001 .
On-Airport Impacts represent economic
activities that would not occur if the airport
did not exist. They include payroll and
operating expenditures made by the
airport, airlines, Fixed Base Operators,
maintenance facilities, ground
transportation, etc.
Visitor Spending represent financial
transactions that occur primarily off-airport
and are associated with visitor activity. The
principal measure of visitor spending
impacts is expenditures made in the area by
air travelers who are visiting from outside the
region. These expenditures may include
items such as lodging, food, entertainment.
and retail purchases.
Spin-Off Impacts (Multiplier Effect) are
calculated using impact multipliers, which
are used to reflect the recycling of dollars
through the economy. A dollar spent in the
economy does not disappear; rather, it
continues to move through the local
economy in successive rounds until it is
incrementally exported from the
community.
Airport Dependent Impacts represent
area businesses that are dependent on an
airport for just-in-time shipping, a high
degree of corporate travel. or specialized
airport facilities and services. These
businesses would relocate or suffer
substantial loss if the airport were not
available.
"UIIIIIIUI Y OJ I:Conomlc
. .
Impact
Each of the four impact types is measured
in three ways - jobs, wages, and economic
activity .
Jobs represent the total number of
individuals employed - not full time
equivalent positions. Consequently, an
airport with 10 jobs may have 2 full-time and
8 part-time employees.
Wages are the full payroll expended for
employees, including all taxes and benefits.
Economic Activity represents business
sales. For government or non-profit entities,
economic activity represents their annual
budget. For visitor spending, economic
activity represents visitor expenditures.
Total Economic Impact for Virginia Public-Use Airports
Type of Impact
II
Wages
Economic
Activity
On-Airport Direct 8.190 $275.372.000 $610.059.000
Visitor Spending 17103 5266.432.000 $695.768.000
Spin-Off 13,451 5379.577,000 $1.093.312.000
Airport Dependent Business 23,606 $773.179.000 52.268.056.000
lAD and DCA' 101.740 $3.149.451.000 $6.084.613.000
- - - - . - ~. -7.
:', - Total
~ _-.. '~.~" . ..::>;.: ~,. , ~ c ..- ~. . _' .
-
$4,844,011,000
$10,751,808.000
Source: EDRG and HNTB Analysis
. Economic impacts for Ronald Reagan Wasnlngton Notional and Dulles International airports were provided by
Martin Associates from their 2002 Economic Impact Study. With the assistance of Martin Associates. Virginia
specific economic impacts were estimated by multiplying total impacts by the percent of employees located in
Virginia. Total impacts for Ronald Reagan Washington National Airport are 62.700 jobs. 51.97 billion in wages.
and 53,29 billion in economic activity. Total Impacts for Dulles International Airport are 91.600 jobs. $2.95 billion in
wages. and $6.07 billion In economic activity.
I
I
I
I.
o
I'
V Irglnlo-s
Airport System
~~~';'..<.?;~,.-.:_:-~. ,-:'.,: _ .--. -';':C:_-~~.":-~",,--,:. <.c.' "",.:'_'_~ _ ._ ':..d_.;:-,.~~:i::;:'~
Commercial Service Airports
Commercial Service airports provide
domestic and international scheduled air
carrier and/or commuter service. Also,
commercial seNice airports often provide
an array of general aviation services and
facilities for both the recreational and
corporate traveler. Virginia's nine
Commercial Service airports generate $8.2
billion, or 83% of the total economic impact
of Virginia's airports.
Reliever Airports
Reliever Airports are general aviation
airports in metro areas intended to reduce
congestion at large commercial service
airports by providing general aviation pilots
with comparable landside and airside
facilities. Virginia's eight Reliever airports
generate a total of 2,511 jobs, and more
than $182 million in economic activity.
I
I'
I
I
I
I
I
I'
I
I
I
LonQ9'Otne
Pine
Lee County
.....;...~-"""..
-~--
General Aviation Regional
Airports
Regional airports serve a large market
area, and their service areas are often
multi-jurisdictional due to geographic
isolation or the relative scarcity of other
airport seNices and facilities. They provide
a full range of aviation facilities and
services to business and recreational users.
Virginia's 17 General Aviation Regional
airports create 1,361 jobs, and $70 million
economic activity.
General Aviation Community
Airports
These airports provide general aviation
facilities and services to business and
recreational users. Community airports
typically serve their respective communities
or a smaller market area. Virginia's 16
General Aviation Community airports
generate 336 jobs, and more than $18
million in economic activity.
In
Tazewell
County
Roan,
Regie
Virginia Tech ~
Grundy
Municipal
~
~1
NewRlVer
Valley
Virginia
Highlands
Mountain
Empire
Blue Ri.
"l-r>'
Twin County
r~ ....-.
I
I
I
4)
~
~ ~,"
~
~~ ...- -~..~1
-;;tt ~
~ .. . - - -.', -. ~ - ~ "...-' . '. - - ~ ~ - :'--"- .~ -:. . ~'-,"."""'-.' ,~. '.:::::-:~::~
.
Map Legend
Local Service Airports
+- Commercial Service
~ Reliever
Local service airports are generally low
activity facilities and provide limited
general aviation facilities to their respective
communities. These airports typically have
development constraints which preclude
substantial expansion. The 16 public-use,
Local Service airports create 286 jobs, and
more than $16 million in economic impact.
.,,-~ t - General Aviation - Regional
General Aviation - Community
Local Service
Winchester
Regional
-l~
Leesburg
Regiol,lal
~
" Ltiray
Caverns
Culpeper
Regional
r;;o
~"WaShington
Dulles
Warrenton ~
_ Washington
Fauquier ,'. National
.. ~ Manassas .' "
- Regio,!al ('
r ~
Hartwood J
Front Royal
Warren County
New Market
Bridgewater
Shenandoah Valley..J....
Regional 'r
Orange County
Charlottesville
Albemarle
+
stafford Regional
" Shannon
Gordohsville Municipai
Waynesborol
Eagles Nest
Lake Anna
Tappahannock
Municipal
,
Tangier
Island
LouisaCoitnty
Middle
Peninsula
l'
, ~"/I
ACCOLJ~,' ,
CO~,.I'
'- :~ ~ ,~,.. .
->1
';') ~ Newport News "
, ';"'" " :Williamsburg
"t'".J Norfolk
Hampton .L International
RQads ""
J!.... .-
.... Chesapeake
Regional,
Hu~mel
FiEild~
.,; [:]="
Hanover !A
COU!1ty
Richmond
Chesterfield +-
County ~ "N"6WKent'"
County .
Williamsburg .:-
Jamestown
....
~
....,..
..
;!!
Lynchburg
Regional
New .+
London .A:
Falwell
Farmville
Regional
...
Crewe
Municipal
....,.
Chase City
Municipal
William Tuck
Blackstone AAF .:.
Lune'l'iburg
County
Din';vidtlie
County
Wakefield
Municipal
Itain
Brookneai.campbell
County
Lawrenceville
Brunswick Co.
Franklin
Municipal
C -':W
~~;!f"''''
Municipal
~...
Mecklenbllrg- Empotia
l'lrunswic:k- _Municipal
....~
Danville Regional
..r
r---::.... - --
~
Suffolk
-- ---Mlil'liclpill- ~~
.,..
I
.
,: V.II\:IIIIIU ~
Commercial Service
Airports
Virginia's Commercial Service airports
form the backbone of the Commonweath's
aviation system. These airports produce total
impacts of more than $8 billion in economic
activity.
Nearly 136,000 people are employed by
Commercial Service airports or airport tenants
in the Commonwealth, with a total payroll of
almost $4 billion.
Airport Name
Total Economic Impacts: Commercial Service Airports
-
Economic
Activity
Charlottesville-Albemarle
Lynchburg Regional
Newport News-Williamsburg International
Norfolk InternationalNorfolk International
Richmond International
Roanoke Regional
Ronald Regan Washington Notional
Shenandoah Volley Regional
Washington Dulles International
Total
I
2.605
1,262
2.459
11.457
11, 843
4.148
35.779
476
65.961
-
I
,
Wages
$62.7 4l.(lOO 1
$25,392,000
$55.491.000
$266.345.000
$295.395.000
$94.981,000
$ 1,026,891,000
$10.120,000
$2.122,560.000
$3,959,916,000
$167.258.000
$68.500.000
$148.124.000
$702.898.000
$744.785.000
$252.728.000
$1.715.653.000
$27.069.000
$4.368,960.000
$8,195,975,000
Commercial Service Airports:
Number of Visitors and Passenger Visitor Spending
III- .
- :
-
Airport Name
Charlottesville-Albemarle
Lynchburg Regional
Newport News-Williamsburg International
Norfolk International NorfOlk International
Richmond International
Roanoke Regional
Shenandoah Volley Regional
.
I.
Total
- -
63.400
26.754
94.284
711, 174
531.730
133.904
7.200
-
Average
Visitor
Spending
Per Trip
$975
$740
$238
$315
$364
$596
$740
Total Air Carrier
Passenger Visitor
Spending
$61.793,000
$ 19.792,000
$22,459.000
$223.784.000
$193.750.000
$79.836.000
$5.326.000
$606.740,000
I.
V:lrglnlo-s
General Aviation
Airports
. ~ - -.- ~ - . " ...
~ ~ - -
. ,.- - -. .. - " -.- .
- . - ~ -~ - -
Virginia's General Aviation airports
provide an extensive network of aviation
facilities that serve both business and
recreational users across the
Commonwealth. These airports produce
total impacts of more than $287 million in
economic activity. Nearly 5,000 people
are employed by General Aviation airports
or airport tenants in Virginia, with a total
payroll of almost $ 111 million.
'"
"",
..-
.....
Total Economic Impacts:
General Aviation Airports
...
. Airport Name
Accomack County
Blackstone Municipal
Blue Ridge
Bridgewater Air Park
Brookneal-Campbell County
Chase City Municipal
Chesapeake Regional
Chesterfield County
Crewe Municipal
Culpeper Regional
Danville Regional
Dinwiddie County
Emporia-Greensville Regional
Falwell
Farmville Regional
Franklin Municipal
Front Royal-Warren County
Gordonsville Municipal
Grundy Municipal
Hampton Roads Executive
Hanover County Municipal
Hartwood Field
Hummel Field
Ingalls Field
Lake Anna
Lawrenceville-Brunswick
Lee County (Pennington Gap)
Leesburg Executive
Lonesome Pine
Louisa County
Lunenburg County
Luray Caverns
Manassas Regional
Marks Municipal
Mecklenburg-Brunswick Regional
Middle Peninsula Regional
Mountain Empire
New Kent County
New London
New Market
New River Valley
Orange County
Shannon
Smith Mountain Lake
Suffolk Municipal
langier Island
Tappahannock Municipal
Tazewell County
Twin County
Virginia Highlands
Virginia Tech/Montgomery Executive
Wakefield Municipal
Warrenton-Fauquier
Waynesboro/Eagle's Nest
William Iv1. Tuck
Williamsburg-Jomestown
Winchester Regional
: . TOTAL
Stafford Regional'
Lee County (.Jonesville)"
41 s668.cx:XJ 51.657.000
14 5113.000 5314.000
91 51.372.000 53.805.000
123 53.464.000 58.910.000
1 521.(0) 557.000
1 522.(0) 562.000
120 52.746.(0) 57.304.000
266 56.752.000 516.847.000
3 544.(0) 5121.000
140 52.488.000 56.786.000
7<1 $1.650.(0) $4.323.000
114 51.795.(0) $4.821.(0)
18 5206.(0) 5567.000
21 5207.(0) 5553.000
51 5617.(0) 51.690.(0)
23 5379.000 5992,(0)
77 52.035,(0) 55.328.(0)
8 5202.(0) 5529.(0)
5 5111.(0) 5295.000
256 55.964.000 515.857.000
138 53,799.000 59.969.000
38 5706.000 51854.000
13 5181.000 $486,000
16 5344.000 5922.000
o 54.000 $12000
3 555.000 $152.000
1 523,(0) 564.000
617 $16.966,000 $40.582000
89 $1.952.000 5.788.(0)
64 $1.646,000 $4.344.(0)
o S4.a:o $12000
17 $160.000 $432000
921 532.137.000 584.214.000
10 $147.COO $413.000
33 $326.(0) 5914.000
34 $583.000 51.610.000
27 $674.000 $1.912.000
33 $720.000 $1.887.000
15 5271.000 5738.000
18 $367.000 5987.000
.31 5662000 $1.811.000
91 $390.000 $1.059.000
18 52.240.(0) 55.960.000
Q $157.000 $430.000
144 $2.816.000 57.333.000
5 $45,(0) S125.0c.0
I::! 5225.000 5610.000
21 5351.000 $947.000
12 $226.000 $613.000
113 53.024.000 $7.033.000
39 $913.000 $2.430.000
15 $294.000 $802.000
"93 $2.855,00 $7.572.000
16 $179.000 $479.000
25 $583.000 $1.555.000
82 $1.406.000 $3.826.000
i 1& $2.689.000 $7.082000
1ID~'1ll'A:H.XIIIlIJ~;"..{;t''''I.'lllIJ
22 $566.000 $1.492.000
5 $68.000 $192.000
. Stafford Regional Airport opened 12/2001 The Lee County Airport (Jonesville)
openecj In 2002 An estimate of their 2002 impacts is provided for informational
purposes. be.t is not included in state 10101s.
....
".' t\11 fJU11 lJ~fJ~IIUt:llll
Business Impacts
Airport Dependent Impacts represent
businesses in the community that rely on
airports. These impacts are not typically
included in economic impact methodology
and are provided as an indicator of the
importance of airports to area businesses.
Examples of airport dependent businesses
might include a nursery that depends on
shipments of live plants, or a manufacturing
plant that receives daily just-in-time
shipments of component parts.
The following tables depict the airport
dependent business impacts of the airports
for which sUNey responses were received
from community businesses.
Airport Dependent Business Impacts - Commercial Service Airports
Airport Name
Charlottesville-Albemarle
Lynchburg Regional
Newport News-Williamsburg International
Norfolk International
Richmond International
Roanoke Regional
Shenandoah Valley Regional
_ Total
.' .
-
1.640
4.015
1.437
3.523
4.697
1.998
778
_...
. ..
Wages
$52.977.000
$109.574.000
$49.945.000
$ 107.991.000
$ 171.549,000
$67.984.000
$20.733.000
$580,753,000
Economic
Activity
$ 158.006.000
$311.960.000
$ 133.799.000
$314,665.000
$498,382.000
$217.299.000
$67.041.000
$1,701,152,000
Airport Dependent Business Impacts - General Aviation Airports
" Airport Name
, -
Blue Ridge
Bridgewater Air Park
Chesterfield County
Culpeper Regional
Dinwiddie County
Farmville Regional
Hampton Roads Executive
Hanover County Municipal
Ingalls Field
Leesburg Executive
Manassas Regional
Mecklenburg-Brunswick Regional
Mountain Empire
Suffolk Municipal
Virginia Highlands
Virginia TeCh/Montgomery Executive
Wakefield Municipal
Total
-
98
229
796
644
87
592
10
10
4
1. 203
409
538
14
646
178
52
8
-
.
Wages
$2.475.000
$6,230.000
$24,665.000
$18.272.000
$4.107.000
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$285.000
$346.000
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$16.870.000
$13.544.000
$416.000
$17.344.000
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$1.892.000
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$192,426,000
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$7.015.000
$18.782.000
$65.940.000
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$852.000
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$176.719.000
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$49,669.000
$1,351,000
$51,661.000
$11.060.000
$8.105.000
$668,000
$566,904,000
Easy Access to the World from
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Evergreen ConservationFinance
.............................................................................................................................................................................................................................................
Financing Options for
Farmland Preservation
Presentation to
Albemarle County, Virginia
Daniel Patrick O'Connell
September 3, 2008
What's Wrong
with Cash?
'? ~
. .
· Annual appropriation not
sufficient for program
· Sellers may not want cash
· Debt for preservation
good for credit ratings
E\n:.~eenConservationFinance
1
Vehicles for Pm. VI:RG!INtA ·
Financing i'F 2
.............................................................................................................................. j
,!: AA'~ '{.E~tC...~ _
· Voter-approved GO bonds
· VRA: Lease obligation funds
moral-obligation bonds or IP As
· DEQ Land Conservation Loans
from State Revolving Fund
EvelgaeenConservationF'inance
4
Voter-Approved
Bonds in Virginia
County Vote Bonds Preservation Yes
Henrico 3/8/2005 $22.40 46.4 0/0 57.90/0
James City 11/8/2005 20.00 100.00/0 78.00/0
Arlington 11/7/2006 35.95 23.40/0 74.10/0
Fairfax 11/7/2006 25.00 40.00/0 77.50/0
Prince Wm. 11/7/2006 27.00 13.90/0 75.90/0
Stafford 11/7/2006 76.80 9.50/0 40.00/0
EvergI eenConservationFinance 5
3
DEQ Land
Conservation Loan
!!IJW
Er\'VIRO:-<ME:'\TAL QUALITY
....................................................................................................................................................n...................h.......... __...u...n....._.....
· Clean Water SRF: EPA
grants + state matching funds
· Land Conservation Loans:
Acquire land/easements that
prevent pollution and assure
availability for agriculture
· Applications due early summer
E\lergreenConseTValionFinnnce
8
Acquisitions
Using DEQ Loans
Revenues DEQ Debt Total Acres
Growing@ Loans @ Service State for @
Year 3% 2.00% on Loans Grants Acauisitions $4,000
1 $1,600,000 $2,000,000 ($20,000) $200,000 $3,780,000 945
2 1,648,000 3,000,000 (152,313) 200,000 4,695,687 1,174
3 1,697,440 4,700,000 (352,784) 200,000 6,244,656 1,561
4 1,748,363 7,600,000 (669,220) 200,000 8,879,143 2,220
5 1,800,814 13,000,000 (1,188,011) 200,000 13,812,803 3,453
6 1,854,839 (1,853,049)
$10,349,456 $30,300,000 $1 ,000,000 $37,412,289 9,353
EvergreenConseTValionFinance 9
5
Installment
Purchase Agreement
· IP A (contract) between buyer
and seller to buy easement
· Buyer pays purchase price at
end of up to 30-year term
· Tax-exempt interest over term
E\.etgaeenConservationFinance
12
Setting IPA Term, -
Amortization
Incentive to push balloon out:
· Assured stream of revenue
· Reduced chances of paying tax
· Deduction reduces income tax
Longer term maximizes benefits
E\lergleenConservationFirumce
13
7
. I .
Benefits to Seller ~
from IPA ~):
......................................................................................................................................................b~
· Capital gains tax deferral
· Tax-exempt interest on full sale
· Charitable deduction of discount
from 1000;0 of farmer income
· Sell IP A to investors for cash
EvergreenConservalionFinance
16
Impact of Higher
Tax Rates
.............................................................................................................................................................................................................................................
Cash IPA
Sale Price $650,000 $650,000
Capital Gains Tax @ 15% (97.500) !!
Balance to Invest $552,500 $650,000
Interest @ 4% $22, I 00 $26,000
Income Tax @ 35% (7.735) !!
After-Tax Income $14,365 $26,000
After to Years $143,650 $260,000
Balance to Invest 552,500 260,000
Capital Gains Tax @ 28% !! (l82.000)
Net to Seller $696,150 $728,000
EvergreenComervationFinance 17
9
. .
Evergreen ConservationFinance
Daniel Patrick O'Connell
5819 Chevy Chase Parkway
Washington, DC 20015
(609)915-9886
pat~evergreenctcom
Honora Morrissey Freeman
310 Paddington Road
Baltimore, Maryland 21212
(410)456-5598
honora~evergreenctcom
20
11
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Funding Options for the ACE Program
AGENDA DATE:
September 3, 2008
SUBJECT/PROPOSALlREQU EST:
Presentation by Rex Linville of Piedmont
Environmental Council and Pat O'Connell of
Evergreen Capital Advisors on Additional Funding
Options for the ACE Program
ACTION:
INFORMATION: X
CONSENT AGENDA:
ACTION:
INFORMATION:
STAFF CONTACT(S):
Messrs. Tucker, Foley, Davis, Kamptner, Cilimberg,
Benish, and Goodall
ATTACHMENTS:
Yes
r
REVIEWED BY:
LEGAL REVIEW: Yes
BACKGROUND:
The promotion and establishment of conservation easements is one of the primary tools used to protect important
County resources and to implement the County's growth management policy. The Board has identified the goal of
protecting 30,000 additional acres in conservation easements by 2010 as one of the County's four most important
strategic goals. The Acquisition of Conservation Easements Program ("ACE Program" or "Program") is an important
component of meeting this goal.
The purpose of this presentation is to provide information to the Board about alternative funding options that have
been used successfully in other states and Virginia localities, including the Cities of Chesapeake and Virginia Beach
and Isle of Wight County. As programs for the purchase of development rights have flourished throughout the country,
so have the funding options for, and experience in, implementing them. Rex Linville (Piedmont Environmental
Council) and Pat O'Connell (Evergreen Capital Advisors) are here today to present information pertaining to these
alternative funding options.
STRATEGIC PLAN:
Goal 2. Protect the County's Natural Resources.
Goal 4. Effectively Manage the County's Growth and Development.
DISCUSSION:
As the County strives each year to meet the demand to fund properties eligible for acquisition through its ACE Program,
the need to consider alternative funding options has become more evident. Though funds from the County's General
Fund and transient lodging taxes were adequate to acquire easements on all of the qualifying lands during the first four
years of the Program, they have been insufficient during the last four years as land prices and easement values in the
County have escalated and the popularity of the Program has increased. As a result, the number of qualified
applications for which the County is able to pursue the purchase of an easement, and the acreage that the County is
able to actually place under easement each year has steadily declined. If the Program continues to have more
applications than its funding can support, the effectiveness and favorability of the Program as an important land
protection tool could be marginalized.
Funding for the ACE Program has come from a combination of the County's General Fund and the transient lodging
tax since its inception. For the first six years of the Program (FY 2000-2006), the funding level was $1,000,000 per
year. In the last two years, it has been the "equivalent" of $0.01/$100 value of assessed real estate, with funding
totaling $1,387,543 for FY 2006-07 and $1,627,000 for FY 2007-08. ACE funding also has been augmented with over
$1.3 million in grants and private donations; however, most grant sources have been negatively affected by the
downturn in the economy.
Since the Program's implementation, easement values have risen by 200-300%, with the majority of the increase
occurring since 2004. Despite the FY 07 and 08 increases in funding, the increase in appraised easement values has
far surpassed the funding increases. As a result, the County has only been able to acquire easements from less than
half (15 out of 32) of the eligible applicants over the last four years (including FY 2007-08). In addition, the number of
acres placed under conservation easements has steadily dropped from 1,110 acres to less than 550 acres in each of
the last three years. The Round 7 ACE applications (FY 2006-07) provide a dramatic case in point: though the
AGENDA TITLE: Funding Options for the ACE Program
September 3, 2008
Page 2
County had nine eligible applicants in this round (two of whom were among the highest scoring applicants to-date), the
County was able to fund only two properties, despite receiving over $950,000 in grant money to supplement Program
funds. Five graphs are attached to show the trends in acquisition costs and protection efforts of the ACE program
since its inception in 2000.
Given long term property value trends, development trends, and the County's strategic objectives to protect its
resources through conservation easements, it may be prudent to consider additional methods of funding the Program
at this time. These other funding methods could include: 1) revenue from the sale of bonds (voter approval required);
2) borrowing from the Virginia Resources Authority (lending for land conservation was authorized in 2007 by the
General Assembly); and 3) installment purchase agreements. The authority for and limitations on these funding
methods have not yet been subject to full legal review at this time.
BUDGET IMPACT:
None
RECOMMENDATIONS:
This presentation is for the Board's information and consideration. Staff would welcome any feedback and/or direction
from the Board regarding specific funding options it wishes for staff to further research.
ATTACHMENTS
Graphs:
Table A - Number of Enrolled, Eligible and Funded Properties
Table B - Amount of Funding Available vs. Cost to Acquire All Easements
Table C - Acquisition Costs Per Acre
Table D - Acquisition Costs Per Development Right Eliminated
Table E - Annual Acreage Protected
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Table A:. ACE Properties Enrolled, Eligible & Funded
2000 to 2008
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--- Eligible
---.- Funded
2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08
ACE Applicants (by Fiscal Year)
Table B: ACE Properties
Funding Available vs. Cost to Acquire All Easements
2000 to 2008
6
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2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08
ACE Applicants (by Fiscal Year)
~Cost(all easements)
___Funding Available
Table C: ACE Acquisition Costs Per Acre
2000 to 2008
5,000
4,500
4,000
- 3,500
e
:i 3,000
-
~ 2,500
en 2,000
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() 1,500
1,000
500
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2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08
ACE Applicants (by Fiscal Year)
Table D: ACE Acquisition Costs
Per Development Right Eliminated
2000-2008
70,000
60,000
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2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08
ACE Applicants (by Fiscal Year)
1,750
1,500
1,250
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Table E: ACE - Annual Acreage Protected
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2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08
ACE Applicants (by Fiscal Year)
Community Development Fees
Subdivision Ordinance
September 3, 2008
Subdivision Fee Considerations
. Fees should be comparable to other
localities
. Fees should attempt to recover a
significant part of the cost of services
. Policy should be established for regular
updating of fees
Subdivision Fees
Staff Proposal
. Fees are proposed to recover one-half of the
cost of service (this balances cost recovery and
comparable fees to other localities)
. Fee amounts should be adjusted biennially
using the annual merit increase as a basis for
the adjustment (same as Building Regulations
and Water Protection)
. Consideration of future ordinance changes
should include proposed cost of service
Background
Community Development Fee Study completed in 2007
December 2007 - Board worksession on Fee Study
_ Compare fee recommendations to neighboring
localities in addition to the study's comparable
localities
April 2008 - Board worksession to review proposed fees
for Building Regulations and Water Protection
Ordinances
August 2008 - Board adopts new fees for Building
Regulations and Water Protection Ordinances
Future Fee Adjustments
. Staff currently has no direction on future fee
adjustments
. County costs are primarily associated with staff
costs
. Fee adjustments based on merit pool would
closely match increase in County costs and be
consistent with the policy recently adopted for
the Building Regulations and Water Protection
Ordinances
Recommendations
Board affirm the staff proposal, noting
any specific changes desired
. Board adopt the Resolution of Intent
included as Attachment D in the
Executive Summary
1
Water Protection Ordinance
Public Runways and Accessory Structures
September 3, 2008
Why should a public runway be
allowed within the stream buffer?
Planned Improvement - Runway extension is part of
airport's master plan and county's comprehensive plan.
Additionally, the Board has voiced support for the
project.
Environmentally Evaluated - Project has already
completed an extensive federal environmental
assessment process and was found acceptable
Ordinance Consistency - WPO already recognizes
similar public and quasi-public projects as important to
the community
Recommendation
. Adopt WPT A 2008-0003 as
presented in Appendix A of the
Executive Summary
Background
May 2008 - Charlottesville-Albemarle Airport (CHO)
submits a site plan for runway extension.
- Staff notes that runway extension in within a stream buffer
covered by the Water Protection Ordinance (WPO) and a runway
is not defined under the ordinance.
June 2008 - Acting as Program Authority under WPO,
Director of Community Development advises staff to
treat the runway the same as a driveway under the
WPO. Simultaneously, staff begins pursuing an
ordinance amendment to address a public runway.
August 2008 - Board adopts Resolution of Support for
CHO's runway extension
August 2008 - Board adopts Resolution of Intent to
amend WPO with respect to public runways
Why should a public runway be exempt
under this ordinance amendment?
Ordinance Consistency - Similar types of linear projects are already
exempted under the WPO (e.g. Road. Railroads. Utilities)
Unique Project - Runway extension is a "once in a metime" project
that does not result in the cumulative impacts seen with other projects
~t~~::'~~e':t ~r~~~~~ir~~~~:;' tt1"~(egaOd~e~~~~ cg~~~ ~u~~~nts
Recognizes Stewardship - CHO has a history of environmental
stewardship with past projects that extends far beyond perm~
requirements, leading staff to anticipate airport will provtde similar
environmental sens~ivity with this project
1
III'
RESOLUTION OF INTENT
WHEREAS, Section 14-203, Fees, of the Subdivision Ordinance (Chapter 14 of the
Albemarle County Code) establishes a schedule of fees for various subdivision and related
applications and approvals under the Subdivision Ordinance; and
WHEREAS, the fees imposed are inadequate to cover the reasonable cost of the
services provided by the County in the implementation and administration of the
Subdivision Ordinance; and
WHEREAS, the County has conducted an extensive fee study to determine the cost
of services provided by the County under the Subdivision Ordinance; and
WHEREAS, it is desired to amend Section 14-203 in order to establish a schedule
of fees that is adequate to cover the reasonable cost of the services provided.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity,
convenience, general welfare and good land development practices, the Albemarle County
Board of Supervisors hereby adopts a resolution of intent to amend Section 14-203 of the
Subdivision Ordinance to achieve the purposes described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public
hearing on the zoning text amendment proposed pursuant to this resolution of intent, and
make its recommendations to the Board of Supervisors at the earliest possible date.
* * * * *
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true and correct
copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by a
vote of six to zero, as recorded below, at a meeting held on September 3,2008.
JZt~ ,~
Clerk, Board of County Supervisors
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Aye Nay
y
y
y
y
y
y
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Community Development Fees - Subdivision
Ordinance
AGENDA DATE:
September 3, 2008
ACTION: X
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Consider revising fees in the Subdivision Ordinance
CONSENT AGENDA:
ACTION: INFORMATION:
REVIEWED BY:
STAFF CONTACT(S):
Messrs. Tucker, Foley, Kamptner, Graham, and
Fritz
ATTACHMENTS: Yes
LEGAL REVIEW: Yes
BACKGROUND:
The purpose of this worksession is to receive Board direction on staff recommended changes to Subdivision
Ordinance ("Ordinance") fees. At the December 5, 2007 Board meeting, staff presented a Community Development
Fee Study and a recommendation for a fee policy. (Attachment A) Given the limited amount of time for discussion and
the complexity of the topic, it was not possible for the Board to give specific direction on revised fees. To provide
adequate consideration of the fees, staff divided this task into several ordinances. The fees imposed under the
Building Regulations and Water Protection Ordinances were reviewed at an April 9, 2008 worksession and ordinance
amendments were adopted by the Board on August 6, 2008. Today's work session is to establish direction for the
Subdivision Ordinance fees. Following completion of the Subdivision Ordinance, staff plans to bring forward the
Zoning Ordinance fees.
STRATEGIC PLAN:
Goal 5: Fund the County's Future Needs.
DISCUSSION:
The fee study presented to the Board in December 2007 identified County costs for fee related services, estimated
revenue from current fees, proposed new fees, and compared the recommended fees to those in eight comparable
localities. The fee study extract in Attachment A included an explanation of how the service costs were calculated and
the algorithm used by the consultant in developing a recommendation for updated fees.
After reviewing past Board discussions regarding fees and the consultant's fee recommendation, staff recognized it
would be appropriate to consider simplifying the fee calculation process. To simplify, staff considered establishing fees
at one-half of the County's cost and retaining the fee at its current level where the fee is already greater than one-half
of the cost. Fees were then rounded to the nearest $10. The concept behind splitting the cost of service was to
recognize that part of the service is related to the property owner's interest and part is related to notices and other non-
mandated County policies and procedures that allow for public involvement. Staff then prepared Attachment B to
provide a side by side comparison of the cost of service, the current fee, the consultant's recommended fee, and a
staff recommended fee calculated at one-half of the County cost. Staff also included a revenue summary for each fee
concept in Attachment B. From this analysis, it appears the consultant's recommendation and staff's recommendation
will generate very similar revenues in an average year.
Next, staff provided a comparison of fees for three common subdivision types in Attachment C. Recognizing that
each locality has a unique fee structure, staff found it nearly impossible to provide a meaningful comparison of all fees.
This simple table provides meaningful examples of how the fees compared with three common subdivisions. This
table demonstrates that the fees are similar in most situations, but that there are a few significant differences. Among
the most significant changes would be the fee for a family subdivision (Fee Study ID 90, Attachment B). Staff noted
that localities appear to have differing goals in establishing fees for family subdivisions and recognized the Board may
wish to treat these differently than other subdivision applications.
AGENDA TITLE: Community Development Fees - Subdivision Ordinance
September 3, 2008
Page 2
Finally, staff notes that some other localities are also attempting to develop a more consistent fee structure and
recover a higher percentage of their costs. Chesterfield County is currently attempting to establish a fee structure that
sets fees at 75% of its costs and Arlington County is attempting to set many of its fees at 100% cost recovery. Staff
noted that either a 75% or 100% cost recovery would set many of Albemarle County's subdivision fees higher than any
of the comparison localities. There are good reasons for this higher cost:
. First, most other localities make their processes administrative, meaning the Planning Commission is not
involved in the process. For example, by comparing the cost of service for a 20 lot preliminary plat that goes
to the Planning Commission to one handled administratively (Fee Study ID 82 versus 87), the cost is roughly
double for the plat that is reviewed by the Planning Commission. Staff found a similar result in Attachment C
with the Stafford County fees. Additionally, not only are subdivisions often handled administratively in other
localities, most of the waivers or modifications are handled administratively. As the Board is aware,
administrative waivers were a Development Task Force recommendation and are now being considered by
the Planning Commission.
. Second, in keeping with administrative processes, most localities do not send notices to neighbors of
proposed subdivisions. Costs associated with notices include the cost of preparing and mailing the notices,
as well as staff time to address questions resulting from the mailings. While these notices keep the
neighborhood informed, they can generate a considerable demand for staff time in responses.
. Third, it should be recognized that Albemarle County's Ordinance is more complex than most. For example,
Albemarle's Ordinance is roughly twice the size of the Greene County Ordinance and the requirements are
often more complex. The complexity of the ordinance in relation to staff time required appears to follow the
rule of the square. In other words, if there are twice as many requirements, it requires four times as much
time to review, due to the increased likelihood of errors or mistakes.
In spite of adequate justification for a higher percentage of cost recovery, staff continues to propose a 50%
recovery to be more in line with the comparisons localities utilized in the study.
BUDGET IMPACT:
The County currently collects approximately $145,000 from subdivision fees in an average year. Under the
consultant's recommendation, fees collected would increase to approximately $486,000. Under staff's
recommendation, they would increase to approximately $476,000, increasing County revenues by approximately
$331,000 in an average year. Due to recent development trends, staff anticipates applications will be two-thirds of
an average year for the remainder of this year and most of next year. Assuming the recommended fees were
implemented by January 2009, staff anticipates a revenue increase of $100,000 for the remainder of FY 08-09 and
of $200,000 in FY 09-10.
RECOMMENDATIONS:
Staff offers the following recommendations:
1. The Board direct staff to bring forward changes to the Subdivision Ordinance fees as recommended by
staff in Attachment B, with any other changes the Board determines appropriate.
2. The Board adopt the Resolution of Intent in Attachment D to amend the Subdivision Ordinance.
With the above direction, staff will proceed with bringing a Subdivision Text Amendment to the Planning Commission.
ATTACHMENTS
Attachment A - December 5. 2007 Executive Summary. Communitv Development Fee Studv
Attachment B- Summary of Subdivision Ordinance service costs. current fees. and fee alternatives
Attachment C - Fee comparison for subdivisions in other localities.
Attachment D - Resolution of Intent to amend Subdivision Ordinance fees
ATTACHMENT A
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Community Development Fee Policy
AGENDA DATE:
December 5, 2007
ACTION: X
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Establish County Policy for Development Related
Fees
CONSENT AGENDA:
ACTION: INFORMATION:
STAFF CONTACT(S):
Tucker, Foley, Davis, Graham, Schlothauer
ATTACHMENTS: Yes
LEGAL REVIEW: Yes
REVIEWED BY:
BACKGROUND:
The purpose of this report is to review the findings of a Community Development Fee Study and to receive Board direction
on the development of a County policy for cost recovery with these fee based programs. Recognizing the Board's interest
in having development review and inspection fees recover all or part of the costs associated with those programs, the
County contracted a study with The PFM Group (PFM) to evaluate Community Development's fee based programs.
(Attachment A) PFM will present its report to the Board at this meeting. (Attachment B) Following that presentation, staff
will discuss PFM's recommendations and provide a recommendation on phasing in fee increases over time. Based on
Board input and discussion, staff will follow up at a future meeting with a final policy and proposed ordinance amendments
regarding cost recovery.
STRATEGIC PLAN:
Effectively Manage Growth and Development
DISCUSSION:
While the PFM study provides a significant amount of detailed information with respect to program costs and revenues, it
will be difficult to effectively utilize this information without establishing a policy for cost recovery through development fees.
PFM has provided six policy recommendations, which start on page 4 of their report. Staff's perspective on those
recommendations is provided below.
1. Improve data quality for fees. Specifically, PFM indicates the complexity of the current fee structure makes it difficult
to use, suggesting a need to create unique identifiers for each permit. Staff concurs with this recommendation and believes
this can be accomplished as part of consideration of ordinance amendments to revise fees.
2. Reduce the number of fee titles in the schedule. PFM provided a consolidated fee schedule with their report (Table
ES-4 starting on page 38). Staff concurs with the need to reduce the number of fee titles and believes this can be
accomplished as part of amending the fees in the ordinances.
3. Develop a Board Approved Cost Recovery Policy. PFM has recommended the County implement a policy for cost
recovery that 1) identifies the County's costs; 2) establishes the portion of costs to be recovered through associated fees;
3) establishes the frequency with which such fees would be reviewed; and 4) establishes the process for obtaining public
input related to fees. In reviewing the minutes of past Board meetings, it appears there was considerable discussion on a
fee policy in 1991, but no clear policy was established. (Attachments C & D) Following the 1991 discussions, there has
only been one comprehensive fee adjustment, but no further policy consideration. As a result, County fees have not
maintained the relationship to costs anticipated in 1991. Staff concurs with the PFM recommendation and believes this
policy can assure fees are being implemented in a fair and consistent manner. Within other parts of this discussion, staff
is providing recommendations for the issues of identifying the County's costs and the frequency of reviewing the fees. As
part of a cost recovery policy with development fees, the Board will also need to consider the following two issues:
ATTACHMENT A
· Establishing the portion of the costs to be recovered through fees. In general, staff supports the concept of
full cost recovery through fees, but notes there are some services with community benefits that may justify
reduced fees and there are other services where full cost recovery would require fees that are significantly higher
than any of the comparison localities. For example, the fee associated with an Official Determination of
Development Rights is currently $40, the highest comparable fee was $100, and the County's cost associated with
this determination is estimated at $2,560. (Fee Study, ID #52, pages 11 & 20). The Board may feel this letter
provides a significant community benefit that justifies a lower fee when the determination is done for property being
placed in a conservation easement, but might consider a lower fee inconsistent with the County's goals when the
letter is used to market the development potential of a Rural Area property. Staff proposes a policy that assumes
full cost recovery where fees would be comparable to similar localities, but recognizes the Board may need to
provide guidance for the remaining services. Staff will develop further information on this in the future. Finally,
recognizing fees have not kept in step with cost increases since 1991, staff believes it is appropriate to phase in
some fee increases.
· Establishing the process for consideration of fee revisions. As the fees are established in County ordinances,
the formal process for revising the fees requires public hearings. Beyond this, staff believes that some fee
changes could prove controversial and it is desirable to have all concerns with fees identified prior to consideration
by the Planning Commission or Board. Staff recommends the process for fee changes include opportunities for
public comment before the ordinance amendments are drafted.
4. Adjust fees based on budget growth each year. PFM has recommended an annual adjustment based on a two step
process of reviewing work changes and inflation. While staff agrees the fees should be regularly adjusted, staff notes the
fee changes require amending ordinances and reprinting of guidance and documents to reflect the new fees. Given the
cost / benefit associated with the fee adjustments, staff recommends the policy have fees adjusted every other year, rather
than every year, and the adjustment be based on a simple-to-implement inflation factor.
5. Actual time spent providing the services related to each fee should be captured. PFM is recommending
Community Development implement a time keeping system to accurately track work time associated with each fee. If fees
are to be set at or near full cost recovery, staff agrees this is important. It must be noted that development and
implementation of this time keeping system will be a major undertaking. If it is the Board's desire to set fees at or near
costs, staff recommends implementation of a fee specific time keeping system as part of Community Development's work
program next year. Staff has already started investigating how this may be done and will need to further discuss with the
Board the impact of this type of system on the work program.
6. A time period should be established for comprehensive review of development related fees. PFM has
recommended this review occur every four or five years with implementation of a time keeping system. Assuming a time
keeping system is implemented in FY 08-09, staff recommends the next comprehensive review should be planned for FY
11-12 and the interval for future comprehensive reviews should be established as part of that first review.
BUDGET IMPACT:
A cost recovery policy allows the County to establish the expectation for development funding versus County funding of
County administered permits. This provides for fair and consistent treatment of permits and simplifies budget preparation.
It is noted that there are costs associated with implementing and operating a time keeping system, but those cost can be
largely recovered as part of the fees.
RECOMMENDATIONS:
Staff recommends that the Board approve the attached 'Implementation Plan for Development Fee Policy' (Attachment E)
as the general direction for moving forward in implementing fee increases. In addition, staff recommends the Board
provide direction regarding the points discussed above that can be used in the development of a policy for consideration at
a future meeting. Both of these issues will be covered in greater detail through a presentation at Wednesday's Board
meeting.
ATTACHMENTS
Attachment A- Albemarle County Development Fee Study 2007
Attachment B - PFM Presentation Outline
Attachment C - June 12,1991 Board Minutes on Development Ordinance's Fee Schedules
Attachment D - August 14, 1991 Board Minutes on Development Ordinance's Fee Schedules
Attachment E - Implementation Plan for Development Fee Policy
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ATTACHMENT D
RESOLUTION OF INTENT
WHEREAS, Section 14-203, Fees, of the Subdivision Ordinance (Chapter 14 of the
Albemarle County Code) establishes a schedule of fees for various subdivision and related
applications and approvals under the Subdivision Ordinance; and
WHEREAS, the fees imposed are inadequate to cover the reasonable cost of the services
provided by the County in the implementation and administration of the Subdivision Ordinance;
and
WHEREAS, the County has conducted an extensive fee study to determine the cost of
services provided by the County under the Subdivision Ordinance; and
WHEREAS, it is desired to amend Section 14-203 in order to establish a schedule of
fees that is adequate to cover the reasonable cost of the services provided.
NOW, THEREFORE, BE IT RESOL VED THAT for purposes of public necessity,
convenience, general welfare and good land development practices, the Albemarle County Board
of Supervisors hereby adopts a resolution of intent to amend Section 14-203 of the Subdivision
Ordinance to achieve the purposes described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public
hearing on the zoning text amendment proposed pursuant to this resolution of intent, and make
its recommendations to the Board of Supervisors at the earliest possible date.
*****
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of a
Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of
_ to _, as recorded below, at a regular meeting held on
Aye Nay
Clerk, Board of County Supervisors
Mr. Boyd
Mr. Domer
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
I
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County of Albemarle's
Country Stores
ZT A 2003-01 Country Stores
Background:
The Rural Areas section of the Comprehensive Plan introduced Crossroads
Communities as a means to provide services for local rural residents and as a
way to protect historic resources.
Both Crossroads Communities and Rural Areas Alternative Uses were
included in the implementation measures approved by the Board in 2005.
The Historic Preservation Committee conveyed concerns to the Board that
many of the country stores were struggling to survive and that the remaining
historic stores were threatened by demolition and neglect and some had been
razed.
Result:
The Board of Supervisors directed staff to modify the Rural Areas
implementation priority order by directing staff to propose ways to improve
and preserve Albemarle's country stores not only as historic and cultural
resources, but as the cornerstones of rural crossroads communities.
1
Albema~le ~
Country Stores
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Country Stores Ordinance
1. Categories of Country Stores
Country stores have been separated into two categories:
Class A - historic - 50 years old and older; this class would be a by-right use
in the RA district.
Class B - non-historic - less than 50 years old; this class would require
special use permit in the RA district.
2, Size
A maximum 4,000 square feet gross floor area would be permitted for
country store use and any secondary use (residence, office). Existing country
store buildings with greater square footage cannot exceed their existing size.
3. Mixed Uses
The country store building may have a residence and/or office within the
building, as long as the country store use remains the primary use (51 %) of
the building. Office uses not associated with home occupations are currently
not permitted within the Rural Areas zoning district.
4. Food Service
Food service would be permitted with the country store, with seating allowed
both inside and outside. In order to ensure that the country store did not
become a restaurant, the seating areas would be limited to 20% (each, inside
and outside) of the square footage of the country store use. Food preparation
areas would not restricted by size.
5
7
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COUNTY OF ALBEMARLE
Department of Community Development
401 Mcintire Road, Room 227
Charlottesville, Virginia 22902-4596
Fax (434) 972-4012
Phone (434) 296-5832
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MEMORANDUM
TO:
File
FROM:
David Benish, Chief of Planning
DATE:
August8,2008
RE:
ZTA2006-00001 Country Stores
The Albemarle County Planning Commission, at its meeting on July 22, 2008, by a vote of 4:0,
recommends the adoption of the above noted zoning text amendment, as follows:
1) Include the provision as stated by Mr. Kamptner to grandfather the existing country stores so that
they are conforming for the purposes of the country store use.
2) Remove the references to entrance corridor reviews by the architectural review board on the
Secretary of the Interior Standards for Rehabilitation and the National Park Service's Reservation
Brief # 25, The Preservation of Historic Signs.
If you have any questions, please do not hesitate to contact me.
ATTACHMENT - Staff Report, with Draft Ordinance
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fostering growth and further suburbanization, and additionally provides a market for local
agricultural and hand crafted products.
BACKGROUND:
In preparation for the country stores text amendment, staff met with citizens and store
owners to discuss the issues related to country stores. Many of their suggestions were
incorporated into a draft proposal presented to the Planning Commission. Since that time,
the Commission held work sessions to provide guidance during the development of the
country stores ordinance. On July 22,2008, the Planning Commission recommended
approval of the ordinance, with one modification. The Commission recommended
removal a requirement for the Architectural Review Board to consider the Secretary of
the Interior Standards for rehabilitation or alteration of historic country stores located on
the Entrance Corridors. The Commission also recommended that a provision be included
in the ordinance to bring existing stores into conformance. This provision was
previously included in the draft ordinance (Section 5.1.45.d).
PURPOSE OF THE WORK SESSION:
To provide an opportunity for a discussion of the proposed text amendment for country
stores prior to a public hearing.
STAFF COMMENT:
The following discussion provides brief summaries of the major elements of the proposed
ordinance amendment:
1. Categories of Country Stores
Country stores have been separated into two categories:
Class A - historic - 50 years old and older; this class would be a by-right use in the RA
ili~ct. .
Class B - non-historic - less than 50 years old; this class would require special use permit
in the RA district.
2. Size
A maximum 4,000 square feet gross floor area would be permitted for country store use
and any secondary use (residence, office). Existing country store buildings with greater
square footage cannot exceed their existing size.
3. Mixed Uses
The country store building may have a residence and/or office within the building, as
long as the country store use remains the primary use (51 %) of the building. Office uses
not associated with home occupations are currently not permitted within the Rural Areas
zoning district.
4. Food Service
Food service would be permitted with the country store, with seating allowed both inside
and outside. In order to ensure that the country store did not become a restaurant, the
BoS work session 9 03 08
Page 2 of 4
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entrance. Exterior alterations of buildings located on Entrance Corridors would require
Architectural Review Board approval.
Class B -Existing uses in country stores would be allowed to continue to operate. New
country stores would be required to obtain a special use permit. Exterior alterations of
buildings located on Entrance Corridors would -require Architectural Review Board
approval.
Implications to Staffing / Staffing Costs:
This ordinance amendment would encourage the reuse of country store buildings. Of the
total 83 country stores that have been located and surveyed by staff, 49 country store
buildings are located on Entrance Corridors. Since the intent of this ordinance is to
support and promote country stores in the Rural Areas, it can anticipated that additional
applications, both administrative reviews and special use permits, would result from this
effort. Although additional reviews will impact staff work loads in the Community
Development Department for review of special use permit and site plan applications, the
greatest impact would be for the review of the architecture, site design and signs on
Entrance Corridors for both Class A and Class B country stores. As the Planning
Commission removed a requirement for Secretary of Interior standards to apply to
country stores on Entrance Corridors, the anticipated staff time for the Architectural
Review Board (ARB) will be reduced. Review times for an ARB application vary from
2 hours to 20 hours, including time to prepare for a pre-application meeting and verifying
Class A or Class B status.
At this time, the Design Planning staff in functioning in excess of full capacity with
mandated reviews; therefore, any additional activity generated by this amendment would
increase already over burdened work levels. Although a decline for some of the other
applications is currently being experienced due to the economic downturn, the Design
Planning staff has been experiencing heavier work levels and with fewer staff with which
to distribute new initiatives, due to the frozen Historic Preservation planner position.
The review of country stores would be subject to the appropriate fees. No new fees
would result from this proposal.
STAFF RECOMMENDATION:
Staff recommends the Board of Supervisors provide staff any necessary modifications of
the draft ordinance found in Attachment B and schedule a public hearing at the earliest
possible date.
Attachment A: Resolution of Intent
Attachment B: Draft Ordinance No. 08-18 ( ) Amendment, dated 8/13/08
BoS work session 9 03 08
Page 4 of 4
Draft: 08/25/08
,
ORDINANCE NO. 08-18( )
O AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE 1, GENERAL PROV1SIONS,
ARTICLE 11, BASIC REGULATIONS, ART1CLE III, DISTRICT REGULATIONS, OF THE CODE OF
THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article I, General Provisions, Article II, Basic Regulations, and Article III, District Regulations, are
hereby amended and reordained as follows:
By Amending:
Sec. 3.1
Sec. 6.4
Sec. 10.2.1
Sec. 10.2.2
Sec. 10.4
Definitions
Nonconforming lots
By right
By special use permit
Area and bulk regulations
By Adding:
Sec. 5.1.45
Country stores
Chapter 18. Zoning
Article 1. General Provisions
o Sec. 3.1 Definitions
CountlY Store: A rctail store, the ground floor area of which is four thousand (1,000) square feet or less and
which offers store whose orimary use is to offer for sale a wide variety of geed5 retail merchandise.
Count]'\! Store. Class A: A country store located in a historic country store buildinl!:. and which may include
accessorv uses includinl!: those exoresslv authorized in section 5.1.45.
Count]''\! Store. Class B: A countrv store located in a non-historic country store buildinl!:. and which mav
include accessory uses including those exoressly authorized in section 5.1.45.
Count]'\! Store Buildinrz. Historic: A buildinl!: whose orimarv use at any time on or orior to October 8. 1958
was a countrv store.
Countr\! Store Buildinrz. Non-Historic: A buildinl!: constructed after October 8. 1958 whose orimarv use at
any time after that date was a country store.
Article 2. Basic Regulations
Sec. 5.1.45 CountrY stores
o Each countrv store. Classes A and B. shall be subiect to the following. as apolicable:
ATTACHMENT B
REV 8/25/08
Draft: 08/25/08
"
a.
Off-site conventional sewaf!e disDosal svstem. The zoning, administrator may
awrove a conyentional sewaQe disoosal system to serve a country store and its
accessorv uses that is located on an abutting, lot. provided that the owner obtains
from the owner of the abuttinQ lot an easement and the deed of easement is in a form
~JJ1able to the county_attorney that orovides nerpetual access to the sewage
dlliposal system to allow its installation and maintenance.
o
b. On-site nonconventiona/ sewaf!e disDosal. The zoninQ administrator may authorize
an on-site nonconventional sewage disoosal system if the aQnlicant demonstrates to
the satisfaction ofthe zoninQ administrator that: (i) a conventional sewage disnQSa[
system cannot be orovided on-site for the country store use onlv: Oi) the lot on which
the countrY store use is located cannot be enlarged by boundary line adiustment or
subdivision: Oii) a conventional sewal!e disoQSQlsvstem cannot be located on any
illlli1tinQ lot owned bv the aQplicant because of a physical condition or limitation of
that lot including. but not limited to. toool!raphy. soil conditions. or existinQ
imorovements on the abutting lot (hereinafter. a "physical condition or limitation":
Ov) a conventional sewage disnosal svstem cannot be located on any abutting lot that
is under different ownershin than the lot on which the country store is located
because of either a nhysical condition or limitation or the owner's refusal to grant an
easement: and (v) the Virl!inia Deoartment of Health aonroves the nonconventional
sewaQe disnosal system. In authorizinQ a nonconventional sewal!e disoosal system.
the zoninl! administrator mav reauire that the annlicant maintain the svstem as
recommended by the Virl!inia Denartment of Health or as reauired by law.
c.
Svstems defined. For the nurooses of this subsection. a "conventional sewal!e
disnosal svstem" means a sewage disnosal system reQulated and authorized by the
Viminia Department of Health that uses a subsurface soil absorotion system: a
"nonconventional sewal!e disnosal svstem" means a sewal!e disnosal svstem
rel!ldated and authorized bv the Virl!inia Denartment of Health that does not use a
subsurface soil absorotion svstem includinl!. but not limited to. a Tvne III system
regulated under 12 V AC 5-61 0-250(Ct
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b. Countrv store. Class B. Each countrv store. Class B. shall be subiect to the following:
I . Primm'v use. At least fifty-one nercent (51 %) of the gross floor area of a non-historic
country store buildinQ shall be used as a countrY store. including accessorY food sales and
interior seatinQ for accessorv food sales as orovided in section 5 .1.45(b )(2)( a).
2. Accessorv uses. The following uses are permitted as accessory uses:
a. Accessorv food sales. Accessorv food sales. which may include. but are not limited
to. luncheonettes. snack.bars. refreshment stands and other restaurant uses. lnterior
seatinQ for luncheonettes. snack bars. refreshment stands and other restaurant uses
shall not exceed twenty nercent (20%) of the total gross floor area of the countrv
store use. An additional twenty percent (20%) of the total Qross floor area of the
country store use shall be allowed as exterior seatinl!.
b. Sinf!le familv dwellinf! and offices. Un to forty-nine nercent (49%) ofthe Qross
floor area of the non-historic country store buildinl! mav be used for one sinQle
familv dwellinl! and/or one or more offices.
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3.
Exe111Dtions. Country stores. Class B. shall be exemnt from section 32.7.2.8.
3
ATTACHMENT B
REV 8/25/08
..
Draft: 08/25/08
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5 .1.45(b )(2.)~y continue for UD to two (2) years thereafter even thouQ:h a country store. Class A or
Class B use is not reestablished durinQ: that DciillL
Sec. 6.4 Nonconforming lots.
A nonconforming lot may continue, subject to the provisions, conditions and prohibitions set fOl1h
herein.
A. Physical changes to a nonconforming lot. A nonconforming lot may be changed as follows:
I. Area or width. The area or width, or both, of a nonconforming lot may be increased
to make the lot less nonconforming.
2. Boundary line adjustments. The boundary ofa nonconforming lot may be adjusted
provided that one lot sharing the boundary to be adjusted is a conforming lot and the boundary line
adjustment does not make the conforming lot nonconforming or the nonconforming lot more nonconforming.
3. Public dedication or eminent domain. The area ofa nonconforming lot may be
reduced by dedication for a public purpose or by the exercise of eminent domain.
B. Uses aI/owed on a nonconforming lot. A nonconforming lot may be used as though it
satisfies the zoning regulation that makes it nonconforming, provided that:
1. The use is either a nonconforming use or is a use that complies with the zoning
o regulations applicable to the district in which the lot is located; and
2. The zoning administrator determines that the lot may be occupied consistently with
the public health, safety and general welfare.
C. Division, combination, or adjustment ofboundary line of nonconforming lot authorized. A
nonconforming lot may be divided, combined with any other lot, or have one or more of its boundary lines
adjusted, provided:
I. The resulting lot or lots comply with the requirements applicable to the district in
which the lot is located and all other applicable requirements of the Albemarle County Code; ef
2. ln the opinion of the zoning administrator, the resulting lot or lots more substantially
conform to the requirements of section 4.0 (general regulations) of this chapter and the area and bulk
regulations applicable to the district in which the lot is located, and comply with all other applicable
requirements of the Albemarle County Code~~
3. The resultinQ: lot or lots serve a country store-O Class A or B. and the division.
combination or boundarv line adiustment is reauired to allow the use to meet the requirements of the Viminia
J:kpmtment of Health and the location of all structures on the resultinQ: lot or lots wi II not become
nonconforminQ: or more nonconforminQ:. and the size of the resultinQ: lot or lots will not become more
nonconforminQ:.
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D. Setbacks applicable to a nonconforming lot. The current front, rear and side yard minimum
setbacks applicable to the district in which the lot is located shall apply to a nonconforming lot; provided, that
if any such setback is thereafter reduced as a result of an amendment to the setbacks applicable to the district
5
ATTACHMENTB
REV 8/25/08
..
Draft: 08/25/08
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Front (existing public roads) 75 feet 75 feet
Front (internal public or
private road)(Amended 11-13-91) 25 feet 25 feet
Side 25 feet 25 feet
Rear 35 feet 35 feet
Maximum
structure
height 35 feet 35 feet
I, Ella W. Jordan, do hereby celtify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to _, as
recorded below, at a regular meeting held on
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd
Mr. DorrieI'
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
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ATTACHMENT B
REV 8/25/08
~
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landscape back into the fabric of Albemarle County. In addition to the economic,
historic, and cultural benefits of supporting country stores there are positive impacts on
natural resource conservation. The adaptive re-use of buildings is fundamentally sound
environmental practice, producing less overall impact on the environment and helping to
conserve natural resources.
BACKGROUND: In May of 2003 the Historic Preservation Committee presented a
Position Statement on Albemarle County's Historic Country Stores prompting the Board
of Supervisors to direct staff to propose ways to improve and preserve Albemarle's
country stores not only as an historic and cultural resource, but as an intet,Jfal part of
Albemarle's rural crossroads communities. A strong rural economy is one of the
elements of the County's vision for the Rural Areas; the Rural Areas Guiding Principles
encourage the support of localized rural economies and rural land uses providing rural
landowners with economic viability. The proposed changes to the Ordinance are intended
to ensure the remaining country stores continue to play an essential role in the culture,
economy, and historic legacy of Albemarle County. At this time, 83 country stores have
been surveyed, with 49 of those on Entrance Corridors.
In March 2007, interested citizens and store owners met with staffto discuss the
proposed ordinance framework. Much of the input from these stakeholders was
incorporated into a draft proposal presented to the Planning Commission on March 20,
2007. The Commission adopted a Resolution of Intent to direct preparation of a text
amendment and also discussed the draft framework proposal (Attachment A). The
o Commission has held two work sessions to discuss the proposal.
At the last work session in May 2008, the Commission gave direction on three issues. A
copy of the action minutes is attached as reference (Attachment C).
The proposed ordinance has incorporated the following Commission direction (summary
in italics):
1) Alternative septic disposal
A three-tired level oj review Jor the alternative systems has been added;
alternative disposal system can be considered only if the countlY store use within an
historic countly store building necessitates an alternative system. Accessory uses
within the building may also use the system once it is in place; the Zoning
Administrator may require that the applicant maintain the system, as recommended
by the Health Department or required by law.
2) Mixed uses
Accessory uses, including a residence and office, would be permitted within the
countlY store building provided that the country store would occupy a minimum oj
51% oJthe gross square footage of the building.
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3) Expeditious review
The Commission supported staff's recommendation to provide an expeditious
processing, provided that a ~pecial use permitJor new countJY store buildings would
continue to be required. The Commission also suggested that staff consider merging two
Counlly Stores
PC repOlt 7 22 09
Page 201'6
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Class A Country Store. In a historic country store building, a country store use or other
permitted use in the RA would be by-right, requiring administrative approval only. Also,
in recognition that most historic country stores would not meet today's regulations
including setbacks, parking, and landscaping, Class A country stores would be exempt
from those requirements. If a store is not in operation for two years or more, it would no
longer be considered non-co~fo~l11ing.
Non-conventional sewage disposal systems would be considered for the country store
use, as many of the existing stores are located on lots that may not accommodate a two-
drain field conventional system. The system would be considered under a three-tiered
evaluation, as recommended by the Planning Commission: 1) for country store use only;
2) drainfields cannot be located on-site or on an adjacent parcel; and approved by the
Health Department. According to the Health Department, the state health department
will have an operation and maintenance program taking effect July 1,2009. All pre-
treatment units have to be NSF 40 certified. Presently, dealers for these units have to
inspect these units when they are installed and 6 months thereafter for a two year period.
Class B Country Store. In a non-historic building, a new country store use or other
permitted use in the RA would be required to obtain a special use pennit.
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Class A and Class B Country Stores. Some of the proposed regulations apply to both
classes of country store. As we have experienced, there can be some difficulty in
retaining the economic viability of country stores in the Rural Areas. Country store
property owners have discussed ideas that would allow a diversification of uses that they
believe necessary for their survival. Consideration of other uses included historic
precedence, scale, parking, and potential demand of services. Regulations concerning
building size and the maximum amount of accessory uses in relation to the country store
use apply to both Classes. The following regulations would apply to both classes:
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. Maximum 4,000 square foot building (removed from definition, so that it can be
waived by the Planning Commission);
· Office and/or residence allowed in a maximum 49% of the country store building
(offices and mixed residential/office/country store uses are currently not permitted in
the RA District);
. Food preparation, sale, and consumption in no more than 20% ofthe country store
area within the building; outdoor seating area would also be permitted, with size
limited to 20% of the country store area within the building;
· Entrances would be required to meet Virginia Department of Transportation
(VDOT) sight distance standards;
· Stores and signs on Entrance Corridors would be reviewed by the Architectural
Review Board, using the Secretary of Interior standards
· Gasoline sales would be allowed with a special use permit, with limitations on the
fuel/nozzle dispensers; other fuels, such as propane and diesel could also be sold
without limitation;
. Pre-existing country stores with special use permits would be allowed to continue in
use, as approved;
Counl1y Stores
PC rep0l1 7 22 09
Page 4 of6
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been experiencing heavier work levels and with fewer staff, due to the frozen Historic
Preservation planner position.
The review of country stores would be subject to the appropriate fees. No new fees
would result from this proposal.
STAFF RECOMMENDATION: Staff recommends adoption of the draft ordinance
found in Attachment B. It should be noted that there are resource implications to the
adoption and implementation of the ordinance (as described above) that need to be
addressed by the Board of Supervisors before this ordinance is adopted and put into
effect.
Attachment A: Resolution of Intent
Attachment B: Draft Ordinance No. 08-18 - final draft
Attachment C: May 22, 2008 Planning Commission Final Action Memo
Attachment D: Secretary of Interior Standards
Counl1y Stores
PC rcpOlt 7 22 09
Page 6 of6
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Draft: 07/15/08
ORDINANCE NO. 08-18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS,
ARTICLE II, BASIC REGULAT10NS, ARTICLE Ill, DISTRICT REGULATIONS, OF THE CODE OF
THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article I, General Provisions, Article II, Basic Regulations, and Article Ill, District Regulations, are
hereby amended and reordained as follows:
By Amending:
Sec. 3.1
Sec. 6.4
Sec. 10.2.1
Sec. 10.2.2
Sec. 10.4
Definitions
Nonconfonning lots
By right
By special use permit
Area and bulk regulations
By Adding:
Sec. 5.1.45
Country stores
Chapter 18. Zoning
Article 1. General Provisions
Sec.3.1 Definitions
Country Store: A retail store, the ground floor area of which is four thousand (1,000) square feet or less and
v/hich offers store whose nrimary use is to offer for sale a wide variety of geeds retail merchandise.
Countr\! Store. Class A: A country store located in a historic country store building...llnd which may include
accessory uses includinl! those express Iv authorized in section 5.1.45.
Countlutore Class B: A country-stoce~cated in a non-historic country store building, and which may
include accessorv uses includinl! those expresslv authorized in section 5.1.45.
Countr\! Store Bui/dinJ!..Jlis.toric..: A building whose primarv use at anv time on or prior to September 10,
1958 was a country store.
Countr\! Store BuildinJ!.. Non-Historic: A buildinl! constructed after Seotember 10. 1958 whose orimary use at
anv time after that date was a country store.
Article 2. Basic Regulations
Sec. 5.1.45 Countrv stores
Each country store. Classes A and B.. shall be subject to the following, as anolicable:
a. Count}'\! store. Class II. Each countrX2tore, Class A. shall be subiect to the following:
1
ATTACHMENT B
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Draft: 07/15/08
8.
Siens. The review and approval of all signs shall be in accordance with section 4.15. In its
review of a certificate of appropriateness for a sig:n located within an entrance corridor
~LlgY district under section 30.6Jhe architectural review board shall consider the National
Park Service's Preservation Brief# 25Jbe Preservation of Historic Sig:ns. in effect on
September I 0~2008 and as amended thereafter. in addition to other applLcable guidelines.
9. Nonconvenlli2l1al sewageJiiS]2osa/ svstem. Notwithstanding: anv other provision of this
c_bapter. the zoning administrator may approve a nonconventional sewa~isllillil1
~stem to serve a country store and its accessory uses. The zoning: administrator may
authorize a nonconventional sewa~isoosal svstem if: (il1h.e apolicant demonstrates to the
satisfaction of the zoning administrator that a conveniliIDal sewa!!e disposal system cannot be
nrovided on-site for the country store use onlv: (ii) the aoolicant demonstrates to the
satisfaction of the...wning administrator that a drain field cannot be located on abuttin!! lots
that are under different ownership than the lot on which the country store is located: and (iii)
the Viminia DeQartment of Health apJ2Toves the nonconventional sewal!e disoosal svstem. ln
authorizing a nonconventional sewage disposal system. the zoning administrator mav require
that the apolicant maintain the svstem as recomrnended by the Viwinia Department Q.[Jkglth
or as reguired by law . For the purposes of this subsection. a "nonconventional sewage
disposal system" means a sewage disoosal system re2:ulated and authorized by the Vir:ginia
Department of Health that does not use a subsurface soil absorption svstem including,_but not
limited to. a Tyoe III svstem rel!ulated under 12 V AC 5-6l0-250(Ct
b. Count}'\! store. Class BEach country store. Class B. shall be subie-ct to the followin!!:
1.
Primm'\! use. At least fiftv-one percent (51 %) of the 2:ross floor area of a nonhistoric country
store building: shall be used as a country store. including accessory food sales and interior
seatin2: for accessory food sales as orovided in section 5.1.45(b)(2)(a).
2. Acc~lIl1ses. The followimr uses are permitted as accessorv uses:
a. Accesso}'\! food sales. Accessorv food sales. which mav include. but are not limited
to. luncheonettes. snack bars. refreshment stilllds.Jlnd other restaurant uses. Interior
seatin2: for luncheonettes. snack bars. refreshment stands and other restaurant uses
shall not exceed twentv percent (20%) of the total gross floor area of the country
store use; an additional twentv oercent (20%) of the total gross floor area of the
countrv store use shall be allowed as exterior seating,
b. Sim!le fami/v dv-.'ellim! and offices. Uo to fortv-nine percent (49%) of the g:ross
floor area of the historic country store buildinl! mav be used for one single familv
dwelling and/or one or more offices.
3. Exemptions. Country stores. Class B. shall be exemot from section 32.7.2~
4. Buildinf! size. A nonhistoric country store building shall not exceed four thousand (4.000)
square feet of g:ross floor area.
5. Front vard setback. The followin2: minimum front yard setback shall aQP~
a.
Existinf! bui/dinf! satisfies minimum front vard setback. If. on September 10. 200S.
an existing nonhistoric country store buildin2: satisfies the minimum front vard
setback set forth in section 10.4. then that setback shall aQI2lY,
b. Existi}JJ!. building does not satisfv minimum kont vard setback. If, on September 10..,
2008. an existing nonhistoric country store building does not satisfx the minimum
3
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Draft: 07/15/08
Sec. 6.4 Nonconforming lots.
A nonconfonning lot may continue, subject to the provisions, conditions and prohibitions set forth
herein.
A. Physical changes to a nonco/?forming lot. A nonconforming lot may be changed as follows:
1. Area or width. The area or width, or both, of a nonconforming lot may be increased
to make the lot less nonconforming.
2. Boundary line ac(justments. The boundary of a nonconforming lot may be adjusted
provided that one lot sharing the boundary to be adjusted is a conforn1ing lot and the boundary line
adjustment does not make the conforming lot nonconforming or the nonconfonning lot more nonconfom1ing.
3. Public dedication or eminent domain. The area ofa nonconforming lot may be
reduced by dedication for a public purpose or by the exercise of eminent domain.
B. Uses allowed on a nonconforming lot. A nonconfom1ing lot may be used as though it
satisfies the zoning regulation that makes it nonconforming, provided that:
1 . The use is either a nonconforming use or is a use that complies with the zoning
regulations applicable to the district in which the lot is located; and
2. The zoning administrator detelwines that the lot may be occupied consistently with
the public health, safety and general welfare.
C. Division. combination, or adjustment of boundwy line of nonconforming lot authorized. A
nonconforming lot may be divided, combined with any other lot, or have one or more of its boundary lines
adjusted, provided:
1. The resulting lot or lots comply with the requirements applicable to the district in
which the lot is located and all other applicable requirements of the Albemarle County Code; ef
2. In the opinion of the zoning administrator, the resulting lot or lots more substantially
conforn1 to the requirements of section 4.0 (general regulations) of this chapter and the area and bulk
regulations applicable to the district in which the lot is located, and comply with all other applicable
requirements of the Albemarle County Code~~
3. The resultirudot or lots serve a country store. Class A or B. and the division.
combination or boundar'lJine adjustment is req1lired to allow the use to meet the requirements of the Virl!inia
DeQartment of Health and the location of all structures on the resultinl! lot or lots will not become
nonconforminl! or more nonconforminl!. and the size of the resulting lot or lots will not become more
nonconformin~
D. Setbacks applicable to a noncOl?forming lot. The current front, rear and side yard minimum
setbacks applicable to the district in which the lot is located shall apply to a nonconforming lot; provided, that
if any such setback is thereafter reduced as a result of an amendment to the setbacks applicable to the district
in which the lot is located, and in effect when an existing structure is extended or enlarged, then that reduced
setback shall apply.
E. Effect of change of oyvnerslzip. A change of the ownership or occupancy of a nonconfonning
lot shall not affect the status of the nonconforn1ing lot.
(ss 6.1.1, 6.1.2, 6.5.1, 6.5.2, 6.5.4,12-10-80,4-15-81,9-21-88,6-14-89,9-9-92; Ord. 00-18(4), 6-14-00)
5
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Draft: 07/15/08
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to _, as
recorded below, at a regular meeting held on
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
7
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was taken. No formal action was taken. The Planning Commission provided the following comments to
staff's questions.
Issue One: Septic Systems: Question - Would the Planning Commission support alternative
septic disposal?
It was the consensus of the Planning Commission to agree with staff's recommendation to allow
alternative sewage disposal fields on country store sites for the country store use only with the following
caveats.
o Only accept with Health Department approval;
o Maintenance of the alternative systems required before 2009 if put in effect before the July, 2009
State Health Department regulation; and
o The country store use itself must justify the need; the other uses within the building are optional
and should not be used as a justification for an alternative sewage disposal field.
Issue 2: Mixed Uses: Should country store buildings be allowed to contain other uses?
It was the consensus of the Planning Commission that country store buildings be allowed to contain other
uses as recommended by staff. There were some concerns expressed about the office use being
supportive of the country store use. The Commission supported that the percentage of building square
footage devoted to the country store use must be a minimum of 51 percent, in order make certain that the
country store use is the primary use in the country store building.
Issue 3: Expeditious Review
Encouraging a revival of country stores includes providing a review process by which the County can
assure that the public health, safety and welfare are protected, while providing an expeditious review for
the applicant.
Question: Four classes of country stores are proposed:
1. Class A - an existing country store that is continuing or will be re-established in its original
country store building, without need of exterior changes in appearance. This will be a by-right
use.
2. Class B - a country store or other use to be located in an existing country store building that has
undergone a material change in appearance in the 50 years prior to the date of the application.
3. Class C - a country store to be located on an existing footprint (or portion of the footprint of a
former country store building). The original building no longer exists. The footprint would be
determined by the Director of Zoning.
4. Class D - a new country store not located on a footprint that was a former country store. These
will require a special use permit.
Should Class B and Class C be required to have a special use permit or should they be processed with
an administrative (technical) review?
Discussion: Applicants for special use permits in the RA are typically novices in dealing with these types
of applications. In most cases, this is the first and only time they will have individual contact with a
legislative process. Staff recognizes that the special use permit process can be expensive and timely to
complete, especially for applicants not familiar with the process. In the interest of providing all the
necessary reviews, but in the most expeditious way, administrative review should be considered for
country stores that want to expand (Class B) and country stores to be constructed on the footprint (Class
C) of a store that is no longer standing. Existing stores (Class A) would be by-right uses and new stores
would be required to be reviewed under the special use permit process, as there may be adjacent or
community concerns that require public input. The primary distinction between a special use permit
process and an administrative review is that of public involvement, but any administrative review
application may be "called up" for Planning Commission review. However, denial of this type of
application is limited to those cases in which specific requirements of the ordinance are not met. Also, all
applications on Entrance Corridors would be subject to the review of the Architectural Review Board.
ALBEMARLE COUNTY PLANNING COMMISSION - MAY 20, 2008
FINAL ACTION MEMO - REVISED
2
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There being no old business, the meeting moved to the next item.
New Business:
There being no new business, the meeting moved to the next item.
Adjournment
Motion: Mr. Edgerton moved, Ms. Porterfield seconded to adjourn to the Wednesday, May 21 joint Board
of Supervisors meeting. The motion was approved by a vote of 5:0. (Mr. Cannon and Mr. Strucko were
absent.)
With no further items, the meeting adjourned at 7:56 p.m. to the Wednesday, May 21, 2008 joint Board of
Supervisors meeting at 1 :30 p.m. at the County Office Building, Room 241, Second Floor, Auditorium,
401 Mcintire Road, Charlottesville, Virginia.
V. Wayne Cilimberg, Secretary
(Recorded and transcribed by Sharon C. Taylor, Clerk to Planning Commission & Planning Boards)
ALBEMARLE COUNTY PLANNING COMMISSION - MAY 20, 2008
FINAL ACTION MEMO - REVISED
4
The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines tor Roo. Page 2 at 4
rehabilitation project, those complex design issues dealing with new use
requirements such as alterations and additions are highlighted at the end of
each section to underscore the need for particular sensitivity in these areas.
Replace
Following repair in the hierarchy,
guidance is provided for replacing an
entire character-defining feature with new
http://www.nps.goy/history/hps/tps/tax/rhb/guide.htm
.
o
o
The parallel"Not
Recommended"
area lists the
types of actions
that are most apt
to cause the
diminution or
even loss of the
buildings's
historic
character.
o
How to Use The Guidelines
r,
i
Identify, Retain, and Preserve
The guidance that is basic to the treatment of
all historic buildings--identifying, retaining,
and preserving the form and detailing of thos
architectural materials and features that are
important in defining the historic character--is
always listed first in the "Recommended"
area. The parallel "Not Recommended" area
lists the types of actions that are most apt to
cause the diminution or even loss of the buildings's historic character. It should
be remembered, however, that such loss of character is just as often caused
by the cumulative effect of a series of actions that would seem to be minor
interventions. Thus, the guidance in all of the "Not Recommended" areas must
be viewed in that larger context, e.g., for the total impact on a historic building.
rt
l~
Protect and Maintain
After identifying those materials and features that are important and must be
retained in the process of rehabilitation work, then protecting and
maintaining them are addressed. Protection generally involves the least
degree of intervention and is preparatory to other work. For example,
protection includes the maintenance of historic material through treatments
such as rust removal, caulking, limited paint removal, and re-application of
protective coating; the cyclical cleaning of roof gutter systems; or installation of
fencing, protective plywood, alarm systems and other temporary protective
measures. Although a historic building will usually require more extensive
work, an overall evaluation of its physical condition should always begin at this
level.
Repair
Next, when the physical condition of character-defining materials and features
warrants additional work repairing is recommended. Guidance for the repair of
historic materials such as masonry, wood. and architectural metals again
begins with the least degree of intervention possible such as patching, piecing-
in, splicing, consolidating, or otherwise reinforcing or upgrading them
according to recognized preservation methods. Repairing also includes the
limited replacement in kind--or with compatible substitute material--of
extensively deteriorated or missing parts of features when there are surviving
prototypes (for example, brackets, dentils, steps, plaster, or portions of slate or
tile roofing). Although using the same kind of material is always the preferred
option, substitute material is acceptable if the form and design as well as the
substitute material itself convey the visual appearance of the remaining parts
of the feature and finish.
GATE EINGIlS AND FASTS.
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The Secretary of the Interior's Standards for Rehabilitation & Illustrated GUIdelines tor Roo. Page 4 ot 4
new use, but it is emphasized in the guidelines
that such new additions should be avoided, if possible, and considered only
after it is determined that those needs cannot be met by altering secondary,
i.e., non character-defining interior spaces. If, after a thorough evaluation of
interior solutions, an exterior addition is still judged to be the only viable
alterative, it should be designed and constructed to be clearly differentiated
from the historic building and so that the character-defining features are not
radically changed, obscured, damaged, or destroyed.
Additions to historic buildings are referenced within specific sections of the
guidelines such as Site, Roof, Structural Systems, etc., but are also considered
in more detail in a separate section, New Additions to Historic Buildings.
Energy Efficiency/Accessibility Considerations/Health and
Safety Considerations
These sections of the rehabilitation guidance address work done to meet
accessibility requirements and health and safety code requirements; or
retrofitting measures to conserve energy. Although this work is quite often an
important aspect of rehabilitation projects, it is usually not a part of the overall
process of protecting or repairing character-defining features; rather, such
work is assessed for its potential negative impact on the building's historic
character. For this reason, particular care must be taken not to radically
change, obscure, damage, or destroy character-defining materials or features
in the process of rehabilitation work to meet code and energy requirements.
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The Secretary at the Intenors :stanaaras tor KenaDllnanon 6.: lIlUStratea \..JUlueunes rur K... luge L. U1 0
coatings, and color.
o
Materials and craftsmanship illustrated in
stone wall.
not recommended..... ___M_;.",..-..,'_"^_,,.
Removing or radically changing masonry features which are important in
defining the overall historic character of the building so that, as a result, the
character is diminished.
Replacing or rebuilding a major portion of exterior masonry walls that could be
repaired so that, as a result, the building is no longer historic and is essentially
new construction.
Applying paint or other coatings such as stucco to masonry that has been
historically unpainted or uncoated to create a new appearance.
Removing paint from historically painted masonry.
Radically changing the type of paint or coating or its color.
I'
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Masonry
....Protect and Maintain
..
recommended.....
Protecting and maintaining masonry by
providing proper drainage so that water
does not stand on flat, horizontal
surfaces or accumulate in curved
decorative features.
Cleaning masonry only when necessary
to halt deterioration or remove heavy
soiling.
Carrying out masonry surface cleaning
tests after it has been determined that
such cleaning is appropriate. Tests
should be observed over a sufficient
period of time so that both the immediate
and the long range effects are known to
enable selection of the gentlest method
possible.
Chemical cleaning to remove dirt from
granite.
o
Cleaning masonry surfaces with the gentlest
method possible, such as low pressure water
and detergents, using natural bristle brushes.
Inspecting painted masonry surfaces to
determine whether repainting is necessary.
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The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for Roo. Page 4 of 6
sandblasting, application of caustic solutions, or high pressure waterblasting.
Failing to follow manufacturers' product and application instructions when
repainting masonry.
o
Using new paint colors that are inappropriate to the historic building and district.
Failing to undertake adequate measures to assure the protection of masonry
features.
Masonry
....Repair
.
recommended.....
Repairing masonry walls and other masonry features by repointing the
mortar joints where there is evidence of deterioration such as
disintegrating mortar, cracks in mortar joints, loose bricks, damp walls, or
damaged plasterwork.
Removing deteriorated mortar by
carefully hand-raking the joints to
avoid damaging the masonry.
Duplicating old mortar in strength,
composition, color, and texture.
Duplicating old mortar joints in width
and in joint profile.
o
Repairing stucco by removing the
damaged. material and patching with
new stucco that duplicates the old in
strength, composition, color, and
texture.
Using mud plaster as a surface
coating over unfired, unstabilized
adobe because the mud plaster will
bond to the adobe.
Cutting damaged concrete back to Preparation for stucco repair.
remove the source of deterioration
(often corrosion on metal reinforcement bars). The new patch must be
applied carefully so it will bond satisfactorily with, and match, the historic
concrete.
Repairing masonry features by patching,
piecing-in, or consolidating the masonry using
recognized preservation methods. Repair may
also include the limited replacement in kind--or
with compatible substitute material--of those
extensively deteriorated or missing parts of
masonry features when there are surviving
prototypes such as terra-cotta brackets or stone
balusters.
o
Replacement stones tooled to
match original. Applying new or non-historic surface treatments
such as water-repellent coatings to masonry
only after repointing and only if masonry repairs have failed to arrest
water penetration problems.
not recommended.....
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not recommended..... _<V'"'<>...'>~',.am..~_,___,,,',..,
Removing a masonry feature that is unrepairable and not replacing it; or
replacing it with a new feature that does not convey the same visual
appearance.
Design for Missing Historic Features
The following work is highlighted to indicate that it represents the particularly
complex technical or design aspects of rehabilitation projects and should only
be considered after the preservation concerns listed above have been
addressed.
recommended.....
Designing and installing a new masonry feature such as steps or a door
pediment when the historic feature is completely missing. It may be an
accurate restoration using historical, pictorial, and physical
documentation; or be a new design that is compatible with the size, scale,
material, and color of the historic building.
not recommended..... ~~____,>">>,,,~,,,'x,~_,,,._..,,><"'v
Creating a false historical appearance because the replaced masonry feature is
based on insufficient historical, pictorial, and physical documentation.
Introducing a new masonry feature that is incompatible in size, scale, material
and color.
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Removing a major portion of the historic wood from a facade instead of
repairing or replacing only the deteriorated wood, then reconstructing the
facade with new material in order to achieve a uniform or "improved"
appearance.
o
Radically changing the type of finish or its
color or accent scheme so that the historic
character of the exterior is diminished.
Stripping historically painted surfaces to bare
wood, then applying clear finishes or stains in
order to create a "natural look."
Stripping paint or varnish to bare wood rather
than repairing or reapplying a special finish,
i.e., a grain finish to an exterior wood feature
such as a front door.
Wood
....Protect and Maintain
recommencled.....".,'- ,,,,.> ,
Wood features inappropriately
stripped of traditional painted finish.
...
Protecting and maintaining wood features by providing proper drainage
so that water is not allowed to stand on flat, horizontal surfaces or
accumulate in decorative features.
o
Applying chemical preservatives to wood features such as beam ends or
outriggers that are exposed to decay hazards and are traditionally
unpainted.
Retaining coatings such as paint that help protect the wood from moisture
and ultraviolet light. Paint removal should be considered only where there
is paint surface deterioration and as part of an overall maintenance
program which involves repainting or applying other appropriate
protective coatings.
Inspecting painted wood surfaces to
determine whether repainting is necessary
or if cleaning is all that is required.
Removing damaged or deteriorated paint to
the next sound layer using the gentlest
method possible (handscraping and
handsanding), then repainting.
Using with care electric hot-air guns on
decorative wood features and electric heat
plates on flat wood surfaces when paint is
so deteriorated that total removal is
necessary prior to repainting.
l'
Using chemical strippers primarily to
supplement other methods such as
handscraping, handsanding and the above- Hand scraping wood column prior
recommended thermal devices. Detachable to repainting.
wooden elements such as shutters, doors,
and columns may--with the proper safeguards--be chemically dip-
stripped.
o
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The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for R... Page 4 of 5
limited replacement in kind--
or with compatible substitute
material--of those extensively
deteriorated or missing parts
of features where there are
surviving prototypes such as
brackets, molding, or sections
of siding.
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Limited replacement-in-kind of deteriorated wood
clapboards.
not recommended..... ""'..,"<~,"""",>>"
Replacing an entire wood feature such as a cornice or wall when repair of the
wood and limited replacement of deteriorated or missing parts are appropriate.
Using substitute material for the replacement part that does not convey the
visual appearance of the surviving parts of the wood feature or that is physically
or chemically incompatible.
Wood
....Replace
recommended.....
Replacing in kind an entire wood feature
that is too deteriorated to repair--if the
overall form and detailing are still evident--
using the physical evidence as a model to
reproduce the feature. Examples of wood
features include a cornice, entablature or
balustrade.
..
If using the same kind of material is not
technically or economically feasible, then a
compatible substitute material may be
considered. Replacing rotted wood column'base
with new wood.
not recommended...... "*"',.~'''N''._~'''.
Removing a feature that is unrepairable and not replacing it; or replacing it with
a new feature that does not convey the same visual appearance.
Design for Missing Historic Features
The following work is highlighted to indicate that it represents the particularly
complex technical or design aspects of rehabilitation projects and should only
be considered after the preservation concerns listed above have been
addressed.
recommended.....
Designing and installing a new wood feature such as a cornice or
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~echnical Pre5e~y
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Bui! din g Exterior
Architectural Metals
Identify}hProtClCt tRepairl Replace I Missing FaaturQ 1 Alterations/Additions
Architectural metal features-
-such as cast iron facades,
porches, and steps; sheet
metal cornices, siding,
roofs, roof cresting and
storefronts; and cast or
rolled metal doors, window
sash, entablatures, and
hardware--are often highly
decorative and may be
important in defining the
overall historic character of
the building.
Metals commonly used in Well-maintained historic metal storefront.
historic buildings include lead,
tin, zinc, copper, bronze, brass, iron, steel, and to a lesser extent, nickel
alloys, stainless steel and aluminum.
Historic metal building components were often created by highly skilled, local
artisans, and by the late 19th century, many of these components were
prefabricated and readily available from catalogs in standardized sizes and
designs.
Architectural Metals .. ..Identify, retain, and preserve
..
recommended..... _,";v.,__''','.,''.'''''''.'''', .',c,"""
Identifying, retaining, and preserving
architectural metal features such as
columns, capitals, window hoods, or
stairways that are important in defining
the overall historic character of the
building; and their finishes and colors.
Identification is also critical to
differentiate between metals prior to work.
Each metal has unique properties and
thus requires different treatments.
Cast-iron steps with distinctive cut-out
work.
not recommended..... ~"M,>___""__.,,'/,_,,~
Removing or radically changing architectural metal features which are important
in defining the overall historic character of the building so that, as a result, the
character is diminished.
o
Removing a major portion of the historic architectural metal from a facade
instead of repairing or replacing only the deteriorated metal, then reconstructing
the facade with new material in order to create a uniform, or "improved"
appearance.
Radically changing the type of finish or its historic color or accent scheme.
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Applying paint or other coatings to metals such as
copper, bronze, or stainless steel that were meant to
be exposed.
o
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Clogged gutter leading to
corrosion.
Using cleaning methods which alter or damage the
historic color, texture, and finish of the metal; or
cleaning when it is inappropriate for the me:tal.
Removing the patina of historic metal. The patina
may be a protective coating on some metals, such
as bronze or copper, as well as a significant historic
finish.
Cleaning soft metals such as lead, tin, copper,
terneplate, and zinc with grit blasting which will
abrade the surface of the metal.
Failing to employ gentler methods prior to abrasively
cleaning cast iron, wrought iron or steel; or using high pressure grit blasting.
Failing to re-apply protective coating systems to metals or alloys that require
them after cleaning so that accelerated corrosion occurs.
Using new colors that are inappropriate to the historic building or district.
Failing to assess pedestrian use or new access patterns so that architectural
metal features are subject to damage by use or inappropriate maintenance such
as salting adjacent sidewalks.
Failing to undertake adequate measures to assure the protection of
architectural metal features.
Architectural Metals ....Repair
..
recommended.....
Repairing architectural metal features by patching, splicing, or otherwise
reinforcing the metal following recognized preservation methods.
Repairs may also include the
limited replacement in kind--or with
a compatible substitute material--of
those extensively deteriorated or
missing parts of features when
there are surviving prototypes such
as porch balusters, column capitals
or bases; or porch cresting.
Repairing a decorative iron balcony.
not recommended~.... l' -/H.<<_'__"_.",.<-.".
Replacing an entire architectural metal feature such as a column or a
balustrade when repair of the metal and limited replacement of deteriorated or
missing parts are appropriate.
Using a substitute material for the replacement part that does not convey the
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Removing a major portion of the roof or roofing material that is repairable, then
reconstructing it with new material in order to create a uniform, or "improved"
appearance.
Changing the configuration of a roof by adding new features such as dormer
windows, vents, or skylights so that the historic character is diminished.
Stripping the roof of sound historic material such as slate, clay tile, wood, and
architectural metal.
Applying paint or other coatings to roofing material which has been historically
uncoated.
Roofs
....Protect and Maintain
..
recommended....."'
Protecting and maintaining a roof by cleaning the gutters and downspouts
and replacing deteriorated flashing.
Roof sheathing should also be
checked for proper venting to
prevent moisture condensation and
water penetration; and to insure that
materials are free from insect
infestation.
Providing adequate anchorage for
roofing material to guard against
wind damage and moisture
penetration.
Gable and pent roof in excellent condition.
Protecting a leaking roof with plywood and building paper until it can be
properly repaired.
not recommended..... ~..,__'~A..~"".<<,,_';V"A._'
Failing to clean and maintain gutters and downspouts properly so that water
and debris collect and cause damage to roof fasteners, sheathing, and the
underlying structure.
Allowing roof fasteners, such as nails and clips to corrode so that roofing
material is subject to accelerated deterioration.
Permitting a leaking roof to remain unprotected so that accelerated deterioration
of historic building materials--masonry, wood, plaster, paint and structural
members--occurs.
Roofs
..
....Repair
recommended.....
Repairing a roof by reinforcing the
historic materials which comprise roof
features.
Repairs will also generally include the
limited replacement in kind--or with
compatible substitute material--of
those extensively deteriorated or
missing parts of features when there
are surviving prototypes such as
htto://www.nos.gov/historv/hps/tps/tax/rhb/roofsOI.htm
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recommended.....
Designing and constructing a new feature when the historic feature is
completely missing, such as a chimney or cupola. It may be an accurate
restoration using historical, pictorial, and physical documentation; or be a
new design that is compatible with the size, scale, material, and color of
the historic building.
not recommended..... --'""-,'~."'
Creating a false historical appearance because the replaced feature is based on
insufficient historical, pictorial, and physical documentation.
Introducing a new roof feature that is incompatible in size, scale, material and
color.
Alterations/Additions for the New Use
The following work is highlighted to indicate that it represents the particularly
complex technical or design aspects of rehabilitation projects and should only
be considered after the preservation concerns listed above have been
addressed.
recommended.....
Installing mechanical and service
equipment on the roof, such as air
conditioning, transformers, or solar
collectors when required for the
new use so that they are
inconspicuous from the public
right-of-way and do not damage or
obscure character-defining
features.
./ ~ .j,. ~.. '"
~ -'"
\~ ';~
Designing additions to roofs such
as residential, office, or storage
spaces; elevator housing; decks
and terraces; or dormers or skylights when required by the new use so
that they are inconspicuous from the public right-of-way and do not
damage or obscure character'"defining features.
Non-obtrusive skylights on rear of residence.
not recommended..... >;<~:-;.;y;;.;-,_"'_;_,~._:_;y;..c,,_,
Installing mechanical or service equipment so that it damages or obscures
character-defining features; or is conspicuous from the public right-of-way.
Radically changing a character-defining roof shape or damaging or destroying
character-defining roofing material as a result of incompatible design or
improper installation techniques.
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The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for R... Page 2 of 5
. functional and decorative
features--that are important in
defining the overall historic
character of the building.
Such features can include
frames, sash, muntins,
glazing, sills, heads,
hoodmolds, panelled or
decorated jambs and
moldings, and interior and
exterior shutters and blinds.
Window condition assessment preceding repair work.
Conducting an indepth survey
of the conditions of existing windows early in rehabilitation planning so
that repair and upgrading methods and possible replacement options can
be fully explored.
not recommended..... 'K_""'''''~''~'~'
Removing or radically changing windows which are important in defining the
historic character of the building so that, as a result, the character is diminished.
Changing the number, location, size or glazing pattern of windows, through
cutting new openings, blocking-in windows, and installing replacement sash that
do not fit the historic window opening.
Changing the historic appearance of windows through the Ijse of inappropriate
designs, materials, finishes, or colors which noticeably change the sash, depth
of reveal, and muntin configuration; the reflectivity and color of the glazing; or
the appearance of the frame.
Obscuring historic window trim with metal or other material.
Stripping windows of historic material such as wood, cast iron, and bronze.
Replacing windows solely because of peeling paint, broken glass, stuck sash,
and high air infiltration. These conditions, in themselves, are no indication that
windows are beyond repair.
Windows
....Protect and Maintain
.
recommended... ..'"'~'-,,^'" .."~,,
Protecting and maintaining the wood and
architectural metal which comprise the
window frame, sash, muntins, and
surrounds through appropriate surface
treatments such as cleaning, rust
removal, limited paint removal, and re-
application of protective coating
systems.
Making windows weathertight by re-
caulking and replacing or installing
weatherstripping. These actions also
improve thermal efficiency.
Evaluating the overall condition of
materials to determine whether more than
protection and maintenance are required,
Le. if repairs to windows and window
htto:/ /www.nos.goy/history/hps/tps/tax/rhb/winclowsOl.htm
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The Secretary of the Interior's Standards tor Rehabilitation & llIustrated GUidelmes tor K... l~age 4 ot ::>
Using substitute material for the replacement part that does not convey the
visual appearance of the surviving parts of the window or that is physically or
chemically incompatible.
o
Windows
....Replace
recommended.....'
Replacing in kind an entire
window that is too
deteriorated to repair using
the same sash and pane
configuration and other
design details. If using the
same kind of material is not
technically or economically
feasible when replacing
windows deteriorated beyond
repair, then a compatible
substitute material may be
considered.
o
..
Deteriorated lower window sash shown prior to its
replacement in kind.
For example, on certain types of large
buildings. particularly high-rises, aluminum
windows may be a suitable replacement
for historic wooden sash provided wooden
replacement are not practical and the
design detail of the historic windows can
be matched.
Historic color duplication, custom contour
panning, incorporation of either an integral
muntin or 5/8" deep trapezoidal exterior
muntin grids, where applicable, retention
of the 'same glass to frame ratio, matching
of the historic reveal, and duplication of the frame width, depth, and such
existing decorative details as arched tops should all be components in
aluminum replacements for use on historic buildings.
'~~~}~~~;~~;t~L_.~~_
Lower window sash replaced, based on
physical documentation.
not recommended.....
Removing a character-defining window that is unrepairable and blocking it in; or
replacing it with a new window that does not convey the same visual
appearance.
Design for Missing Historic Features
The following work is highlighted to indicate that it represents the particularly
complex technical or design aspects of rehabilitation projects and should only
be considered after the preservation concerns listed above have been
addressed.
recommended.....
Designing and installing new windows when the historic windows
(frames, sash and glazing) are completely missing. The replacement
windows may be an accurate restoration using historical, pictorial, and
physical documentation; or be a new design that is compatible with the
window openings and the historic character of the building.
o
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The Secretary ofthe Interior's Standards tor Rehabilitation & Illustrated GUldelmes tor K... Page I ot :,
.Technical Preserv
. .. - -
Building Exterior
Entrances and Porches
o
dcntifylhI~rotC!Ct'l Repair I Replace I Missing Feature I Alterations/Additions
o
Entrances and porches
are quite often the focus
of historic buildings,
particularly on primary
elevations. Together with
their functional and
decorative features such
as doors, steps,
balustrades, pilasters, and
entablatures, they can be
extremely important in
defining the overall
character of a building.
In many cases, porches
were energy-saving devices,
shading southern and
western elevations. Usually Dramatic brick archway on early 20th century building:
entrances and porches were
integral components of a historic building's design; for example, porches on
Greek Revival houses, with Doric or Ionic columns and pediments, echoed the
architectural elements and features of the larger building.
Central one-bay porches or arcaded
porches are evident in Italianate style
buildings of the 1860s. Doors of
Renaissance Revival style buildings
frequently supported entablatures or
pediments.
Porches were particularly prominent
features of Eastlake and Stick Style
. houses; porch posts, railings, and
balusters were characterized by a massive
and robust quality, with members turned on
a lathe. Porches of bungalows of the early
20th century were characterized by
tapered porch posts, exposed post and
beams, and low pitched roofs with wide
overhangs.
Art Deco commercial buildings were
entered through stylized glass and
Row of distinctive wood porches. stainless steel doors.
Entrances & Porches ....Identify, retain, and preserve ..
o
recom mended..... ,~_,.._.W.M' .,." ......
Identifying, retaining, and preserving entrances--
and their functional and decorative features--that
are important in defining the overall historic
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The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines tor R... Page 3 of 5
Deteriorated porch resulting from inadequate
maintenance requires repair.
Entrances & Porches ....Repair
..
recommended.....
Repairing entrances and porches
by reinforcing the historic
materials.
Repair will also generally include
the limited replacement in kind--of
with compatible substitute material-
-of those extensively deteriorated
or missing parts of repeated
features where there are surviving
prototypes such as balustrades,
cornices, entablatures, columns,
sidelights, and stairs.
~h'_~'''''''''
Porches repaired and painted as part of the"""""
rehabilitation work.
not recommended..... ~ <<"'."M'~M.",^-n;*".N"
Replacing an entire entrance or porch when the repair of materials and limited
replacement of parts are appropriate.
Using a substitute material for the replacement parts that does not convey the
visual appearance of the surviving parts of the entrance and porch or that is
physically or chemically incompatible.
Entrances & Porches ....Replace
..
recommended.....
Replacing in kind and entire entrance or porch that is too deteriorated to
repair--if the form and detailing are still evident-Musing the physical
evidence as a model to reproduce the feature. If using the same kind of
material is not technically or economically feasible, then a compatible
substitute material may be considered.
not recommended..... 'v_"",'k',^O<'___Y_'.'_C""
Removing an entrance or porch that is un repairable and not replacing it; or
replacing it with a new entrance or porch that does not convey the same visual
\ appearance.
http://www.nps.gov/history/hps/tps/taxlrhb/entranceOI.htm
7/16/2008
The Secretary ofthe Interior's Standards tor Rehabilitation & Illustrated liUldelmes tor K... Page::> ot ::>
o
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o
.
.
Home I Next I Previous
httn:/ /www.nns.gov/historv/hps/tps/tax/rhb/entranceOI.htm
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The Secretary of the Interior's Standards for Rehabilitation & Illustrated GUIdelines tor K... Page '1. ot 4
Changing the storefront so that it appears residential rather than commercial in
character.
o
o
Removing historic material from the storefront to create a recessed arcade.
Introducing coach lanterns, mansard designs, wood shakes, nonoperable
shutters, and small-paned windows if they cannot be documented historically.
Changing the location of a storefront's main entrance.
Storefronts
....Protect and Maintain
recommended.....
Protecting and maintaining masonry, wood,
and architectural metals which comprise
storefronts through appropriate treatments
such as cleaning, rust removal, limited paint
removal, and reapplication of protective
coating systems.
Protecting storefronts against arson and
vandalism before work begins by boarding up
windows and installing alarm systems that are
keyed into local protection agencies.
Evaluating the overall condition of storefront
materials to determine whether more than
protection and maintenance are required, that
is, if repairs to features will be necessary.
..
Distinctive 19th century brick
and wood storefront in good
repair.
not recommended..... _,-",^><".~:"o,
Failing to provide adequate protection of materials on a cyclical basis so that
deterioration of storefront features results.
Permitting entry into the building through unsecured or broken windows and
doors so that interior features and finishes are damaged through exposure to
weather or through vandalism.
Stripping storefront of historic material such as wood, cast iron, terra cotta,
carrara glass, and brick.
Failing to undertake adequate measures to assure the preservation of the
historic storefront.
Storefronts
....Repair
o recommended.....
..
Repairing storefronts by reinforcing the historic
materials.
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The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for R... Page 4 of 4
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o
o
The following work is highlighted to indicate that it represents the particularly
complex technical or design aspects of rehabilitation projects and should only
be considered after the preservation concerns listed above have been
addressed.
recommended.....
Designing and constructing a
new storefront when the historic
storefront is completely
missing. It may be an accurate
restoration using historical,
pictorial, and physical
documentation; or be a new
design that is compatible with
the size, scale, material, and
color of the historic building.
Compatible, contemporary storefront design
replaced a later, non-significant storefront.
not recommended..... ""'''---'...~""''*,-,,'~,,
Creating a false historical appearance because the replaced storefront is based
on insufficient historical, pictorial, and physical documentation.
Introducing a new design that is incompatible in size, scale, material, and color.
Using inappropriately scaled signs and logos or other types of signs that
obscure, damage, or destroy remaining character-defining features of the
historic building.
.
.
Home I Next I Previous
http://www.nps.gov/history/hps/tps/tax/rhb/storeOI.htm
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The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines tor R... Page 2 of 6
Building Site
....Identify, retain, and preserve
.
recommended.....
Site features may include circulation
systems such as walks, paths,
roads, or parking; vegetation such
as trees, shrubs, fields, or
herbaceous plant material;
landforms such as terracing, berms
or grading; and furnishings such as
lights, fences, or benches; decorative elements such as sculpture,
statuary or monuments; water features including fountains, streams,
pools, or lakes; and subsurface archeological features which are
important in defining the history of the site.
Identifying, retaining, and preserving
buildings and their features as well
as features of the site that are
important in defining its overall
historic character.
o
,*",'""",
Distinctive historic urban residential site.
Retaining the historic relationship between buildings and the landscape.
not recommended...... ___=.<_"'~>',.w
Removing or radically changing buildings and their features or site features
which are important in defining the overall historic character of the property so
that, as a result, the character is diminished.
o
Removing or relocating buildings or landscape features thus destroying the
historic relationship between buildings and the landscape.
Removing or relocating historic buildings on a site or in a complex of related
historic structures--such as a mill complex or farm--thus diminishing the historic
character of the site or complex.
Moving buildings onto the site, thus creating a false historical appearance.
Radically changing the grade on the
property, or adjacent to a building.
For example, changing the grade
adjacent to a building to permit
development of a formerly below-
grade area that would drastically
change the historic relationship of
the building to its site.
Important site features destroyed during
rehabilitation.
Building Site
....Protect and Maintain
-
o
recommended.....
Protecting and maintaining the building and building site by providing
proper drainage to assure that water does not erode foundation walls;
drain toward the building; nor damage or erode the landscape.
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The Secretary of the Interior's Standards tor Rehabilitation & illustrated GUIdelmes tor K... Page) ot b
model to guide the new work.
This could include an entrance
or porch, walkway, or fountain. If
using the same kind of material
is not technically or
economically feasible, then a
compatible substitute material
may be considered.
...
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Deteriorated limestone walkway to be replaced in
kind.
Replacing deteriorated or
damaged landscape features in
kind.
not recommended..... ..+:-<-<-.-,,-..-----,,'''-~~ ^'
Removing a feature of the building or site that unrepairable and not replacing it;
or replacing it with a new feature that does not convey the same visual
appearance.
Adding conjectural landscape features to the site such as period reproduction
lamps, fences, fountains, or vegetation that is historically inappropriate, thus
creating a false sense of historic development.
Design for Missing Historic Features
The following work is highlighted to indicate that it represents the particularly
complex technical or design aspects of rehabilitation projects and should only
be considerec/ after the preservation concerns listed above have been
addressed.
recommended.....
Designing and constructing a new feature of a building or site when the
historic feature is completely missing, such as an outbuilding, terrace, or
driveway. It may be based on historical, pictorial, and physical
documentation; or be a new design that is compatible with the historic
character of the building and site.
not recommended..... _..,.~.,.^.".h
Creating a false historical appearance because the replaced feature is based on
insufficient historical, pictorial, and physical documentation.
Introducing a new building or site feature that is out of scale or of an otherwise
inappropriate design.
Introducing a new landscape feature, including plant material. that is visually
incompatible with the site, or that alters or destroys the historic site patterns or
vistas.
Alterations/Additions for the New Use
The fol/owing work is highlighted to indicate that it represents the particularly
http://www.nps.gov/history/hps/tps/tax/rhblbuildingOl.htm
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The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines tor R... Page 6 of 6
...
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o
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complex technical or design aspects of rehabilitation projects and should only
be considered after the preservation concerns listed above have been
addressed. .
recommended.....
Designing new onsite parking, loading docks, or ramps when required by
the new use so that they are as unobtrusive as possible and assure the
preservation of historic relationship between the building or buildings and
the landscape.
Designing new exterior additions
to historic buildings or adjacent
new construction which is
compatible with the historic
character of the site and which
preserves the historic
relationship between the
building or buildings and the
landscape.
Removing non-significant
buildings, additions, or site
features which detract from the
historic character of the site.
Appropriate alteration of abandoned pier shed for
new residential use that illustrates visual harmony
with waterfront site.
not recommended..... ""'___;""'0;~"."_""a"""
Locating any new construction on the building site where important landscape
features will be damaged or destroyed, for example, removing a lawn and
walkway and installing a parking lot.
Placing parking facilities directly adjacent to historic buildings where
automobiles may cause damage to the buildings or to important landscape
features.
Introducing new construction onto
the building site which is visually
incompatible in terms of size, scale,
design, materials, color, and
texture; which destroys historic
relationships on the site; or which
damages or destroys important
landscape features.
Site inappropriately altered by large parking lot.
Removing a building in a complex
of buildings; or removing a building
feature, or a landscape feature
which is important in defining the
historic character of the site.
.
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Home I Next I PrC:lvious
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The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines tor R... Page 2 of 5
.. Destroying the relationship between the
buildings and landscape features within
the setting by widening existing streets,
changing landscape materials or
constructing inappropriately located new
street or parking.
.
o
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o
Setting
....Protect and Maintain
Removing or relocating historic buildings
or landscape features. thus destroying
their historic relationship within the
setting.
..
recommended.....
Protecting and maintaining historic masonry, wood, architectural metals,
stone, and plant features through appropriate treatments such as
cleaning, rust removal, limited paint removal, and reapplication of
protective coating systems; and pruning and vegetation management.
Protecting building and landscape
features such as lighting or trees,
against arson and vandalism
before rehabilitation works begins
by erecting protective fencing and
installing alarm systems that are
keyed into local preservation
agencies.
Evaluating the overall condition of
the building and landscape
features to determine whether
more than protection and
maintenance are required, that is, if Cast iron furnishings from a 19th-century
repairs to features will be catalog.
necessary.
not recommended..... -~~"'~~"'^"'<<"'~_.
Failing to provide adequate protection of materials on a cyclical basis which
results in the deterioration of building and landscape features.
Permitting the building and setting to remain unprotected so that interior or
exterior features are damaged.
Stripping or removing features from buildings or the setting such as wood
siding, iron fencing, terra cotta balusters, or plant material.
Failing to undertake adequate measures to assure the protection of building and
landscape features.
Setting ....Repair
recommended.....
http://www.nps.gov/history/hps/tps/tax/rhb/settingOl.htm
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7/16/2008
~ II-
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The :secretary 01 the Intenors ::stanaaras TOr KenaDllHanon elL 1llUSlraleu \JUlUellIle~ lOr K... rage'-t VI J
,
Design for Missing Historic Features
The following work is highlighted to indicate that it represents the particularly
complex technical or design aspects of rehabilitation projects and should only
be considered after the preservation concerns listed above have been
addressed.
recommended.....
Designing and constructing a new feature of the building or landscape
when the historic feature is completely missing, such as row house steps,
a porch, a streetlight, or a terrace. It may be a restoration based on
documentary or physical evidence; or be a new design that is compatible
with the historic character of the setting.
not recommended.~.~. '" *"______,,,~'h.'~_.,~_.
Creating a false historical appearance because the replaced feature is based on
insufficient documentary or physical evidence.
Introducing a new building or landscape feature that is out of scale or otherwise
inappropriate to the setting's historic character, e.g., replacing picket fencing
with chain link fencing.
Alterations/Additions for the New Use
The following work is highlighted to indicate that it represents the particularly
complex technical or design aspects of rehabilitation projects and should only
be considered after the preservation concerns listed above have been
addressed.
recommended.....
Designing required new parking so that it is as unobtrusive as possible,
thus minimizing the effect on the historic character of the setting.
"Shared" parking should also be planned as that several businesses can
utilize one parking area as opposed to introducing random, multiple lots.
Designing and constructing new additions to historic buildings when
required by the new use. New work should be compatible with the historic
character of the setting in terms of size, scale design, material, color, and
texture.
Removing nonsignificant buildings, additions or landscape features which
detract from the historic character of the setting.
not recommended.....
Placing parking facilities directly
adjacent to historic buildings which
cause damage to historic landscape
features, including removal of plant
material, relocation of paths and
walkways, or blocking of alleys.
Introducing new construction into
historic districts that is visually
incompatible or that destroys historic
relationships within the setting.
http://www.nps.gov/history/hps/tps/tax/rhb/scttingOl.htm
7/1612008