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ACTIONS
Board of Supervisors Meeting of February 5, 2003
February 10, 2003
AGENDA ITEM/ACTION ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 9:00 a.m., by the
Chairman. All BOS members present. Also present
were Bob Tucker, Larry Davis, Wayne Cilimberg
and Ella Carey.
4. From the Public: Matters not Listed on the Agenda.
• Rev. Stanley Woodfolk, Pastor of a church located
on Proffit Road, expressed concern about the
increased rental fee to use the County Office
Building on Sundays.
Engineering and Public Works/County Attorney's office:
Look into concerns and see if they can be
accommodated.
5.1. Resolution approving a plan of financing and
authorizing the County Executive to sign and
execute documents with the Industrial Development
Authority.
• ADOPTED the attached resolution.
Clerk: Forward copy to Melvin Breeden.
(Attachment 1)
5.3. Proclamation recognizing February 2003, as School
Board Recognition Month.
• ADOPTED and presented to School Board
Chairman.
(Attachment 2)
5.4. Request to set public hearing to include Blue
Springs Farm Subdivision under Sec 4-213 of the
County Code as an area where dogs are prohibited
from running at large.
• SET public hearing for March 5, 2003.
Clerk: Advertise for March 5th agenda.
County Attorney's office: Prepare draft ordinance.
5.5. Jefferson Ridge Apartments Road Name Changes.
• APPROVED new road names as requested and
GRANTED staff authority to coordinate/implement
changes.
Tex Weaver: Proceed as directed.
5.6. Authorize County Executive to sign Storm Sewer
Permit required by the Department of Environmen-
tal Quality.
• AUTHORIZED Department of Engineering and
Public Works to proceed with development of
Registration Statement. AUTHORIZED County
Executive to sign registration statement and
authorize appropriate permit fee.
Engineering and Public Works: Proceed as directed
and forward necessary paperwork to County Executive.
5.7. Acquisition of Conservation Easements (ACE)
applications from Year 2001-02 and Year 2002-03.
• APPROVED the eight appraisals by Hallmarke
Properties for applications from the year 2001-02
application pool as recommended by staff; and
APPROVED the final applicant ranking priority list
for year 2002-03 applications and ordered
appraisals on the top five ranked properties from the
final applicant ranking priority list of year 2002-03
applicants as recommended by staff.
Ches Goodall: Proceed as directed.
5.8. Adopt resolution authorizing County Executive to
serve as Albemarle County's Agent for US
Clerk: Forward resolution and signed documents to
Fire/Rescue. (Attachment 3)
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Department of Justice Grant Funds process and
approve plan to apply grant funding.
• CERTIFIED the attached resolution authorizing the
County Executive to serve as Albemarle County's
Agent for grant process and APPROVED the
proposed plan to apply grant funding to the items
recommended by staff.
5.9. Adopt resolution authorizing County Executive to
provide necessary materials and enter into
agreements to qualify for VRTFP Grant for Rivanna
Greenway segment from Darden Towe Park to
Riverbend.
• ADOPTED the attached resolution authorizing the
County Executive to provide the necessary
materials and to enter into such agreements as
necessary to qualify for VRTFP grant.
Clerk: Forward resolution to Parks and Recreation.
(Attachment 4)
5.10. County/City Fire Dispatch Services Agreement.
• AUTHORIZED the Chairman to sign the attached
agreement.
County Attorney's office: Provide Clerk with fully
executed copy of agreement. (Attachment 5)
6a. Transportation Matters Not Listed on the Agenda.
Jim Bryan
• Announced that VDOT's Annual Primary Road Plan
Pre-allocation hearing will be held in the County
Office Building on March 5, 2003. Mr. Tucker
commented that staff is working on a statement.
• VDOT is fixing the Dry Bridge today.
David Bowerman
• Asked VDOT to consider installing better signage on
Commonwealth Drive, in Berkeley Subdivision,
where Commonwealth dead ends off of Dominion
Drive. Concerns have been expressed by some
residents that the signage is not clear because
drivers are looking for an alternative to Route 29.
• He continues to have problems in Carrsbrook with
speeding. Asked if VDOT would look at something
such as rumble strips or a four way stop sign.
Sally Thomas
• Expressed concern about the intersection of Tillman
Road.
Walter Perkins
• Mentioned a letter from the Lucks about Clarke
Road. Seems to be some misunderstanding in what
VDOT tells landowners about what the Board can
do. Mr. Bryan said he would try to clarify the
situation.
• Asked about the status of the Rural Rustic Road
Program. Mr. Cilimberg said staff is looking at
roads that may qualify for the program.
Bob Tucker
• Board will have a work session on the Secondary
Road Plan on March 5th.
Clerk: Forward comments to Jim Bryan.
7. Board to Board Presentation - School Board
Chairman.
• RECEIVED.
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8. Status: ZTA-01-08. Neighborhood Model.
• CONSENSUS of Board to schedule public hearing
on March 5th or March 19th, depending on when
DISC II completes its work.
Clerk: Schedule public hearing for March 19th.
9. Real Estate Assessment Overview.
• RECEIVED.
10. Ordinance to amend and reordain Chapter 4,
Animals and Fowl, Article IV, Section 4-401, Vicious
and Dangerous Animals, of the Code of the County
of Albemarle, Virginia.
• ADOPTED the attached ordinance.
Clerk: Forward adopted ordinance to County Attorney's
office for inclusion in next update of County Code.
Forward copy of ordinance to Chief Miller. (Attachment
6)
11. Proposed FY 2003 Budget Amendment.
• APPROVED the proposed FY 2003 budget amend-
ment in the amount of $10,741,376.70 and
APPROVED Appropriations #2003034, #2003035,
#2003036, #2003037 and #2003028.
Clerk: Forward signed appropriation forms to Melvin
Breeden and copy appropriate individuals. Prepare
letters of appreciation, for Chairman's signature, to
individuals who gave donations.
12. Second Quarter Financial Report.
• ACCEPTED the Second Quarter Financial Report
for FY 02/03 and SUPPORTED the proposed FY
2003 budget reductions of $0.970 million to the
School Division and $1.334 million to General
Government.
Budget office: Proceed as recommended.
13. FY 2004 Revenue Update.
• SUPPORTED the FY 2003/04 revised revenue
projections and revised allocation of local tax
revenues to the School Division and General
Government for FY 2004 budget guidance.
Budget office: Proceed as recommended.
14. ZTA-2001-09 – Parking.
• ADOPTED the attached ordinance, by a vote of 6:0,
with the exception of Section 4.12.5.c regarding
relegated parking and SUPPORTED staff's
recommendation to send this section back to the
Planning Commission for further consideration.
Clerk: Forward adopted ordinance to County Attorney's
office for inclusion in next update of County Code, and
provide copies to Planning and Zoning offices.
(Attachment 7)
15. Closed Session: Personnel Matters.
• At 12:35 p.m., the Board went into closed session.
16. Certify Closed Session.
• At 1:52 p.m., the Board reconvened into open
session and certified the closed session.
17. Appointments.
• APPOINTED Michael Gaffney, as the joint County/
City appointee to the Rivanna Water and Sewer
Authority, and Rivanna Solid Waste Authority, with
said term to expire December 31, 2004.
• REAPPOINTED M. Waltine Eubanks to the
Advisory Council on Aging, with said term to expire
on May 31, 2005.
Clerk: Prepare appointment letter, update Boards and
Commissions book and notify appropriate persons.
18. SP-2002-059. Townwood Mobile Home Park
Amendment (Signs #64&65).
• APPROVED SP-2002-059, by a vote of 6:0, subject
to the conditions recommended by the Planning
Commission, as amended.
Clerk: Set out conditions of approval. (Attachment 8)
19. SP-2002-064. Free Union Country School
Amendment (Sign #38).
Clerk: Set out conditions of approval. (Attachment 8)
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• APPROVED SP-2002-064, by a vote of 6:0, subject
to the four conditions recommended by the Planning
Commission.
20. SP-2002-067. Spring Hill Stream Crossing-
Extension (Signs #86&88).
• APPROVED SP-2002-067, by a vote of 6:0, subject
to the five conditions recommended by the Planning
Commission.
Clerk: Set out conditions of approval. (Attachment 8)
21. SP-2002-068. Spring Hill Subdivision Amendment.
• APPROVED SP-2002-068, by a vote of 6:0, subject
to five conditions recommended by the Planning
Commission, and deleting condition #6.
Clerk: Set out conditions of approval. (Attachment 8)
22. SP-2002-069. Spring Hill Subdivision Extension.
• REMOVED from agenda; no action required.
23. From the Board: Matters Not Listed on The Agenda.
Bob Tucker
• Informed Board members that they were invited to
attend a meeting and dinner on March 5th with the
PVCC Board.
Dennis Rooker
• Mentioned a request from the City of Charlottesville
asking the County's participation in a joint City-
County cable franchise agreement with Adelphia
Cable. Mr. Davis suggested he provide some
guidance to the Board on how to proceed.
Lindsay Dorrier
• He recently met with the Mayor of the City and
several topics were proposed for discussion at a
joint meeting of the Board and City Council. The
topics include: the City's new economic corridors
and how they interact with the proposed urban
development in the County; a new proposed City
grant request for an urban mass transit system to
the to-be-developed area behind the UVA Hospital;
a joint City/County oversight committee or Board to
oversee the Meadow Creek Parkway; joint planning
issues and concerns. CONSENSUS of Board to not
meet with City Council at this time due to Board
heavy schedule.
Sally Thomas
• The resolution that stated it was the sense of the
General Assembly that there shall be a bypass
around Charlottesville was changed to one that
supports looking at alternative means of moving the
traffic.
• The proposal to take away the County's ability to
use the transient occupancy tax for the ACE
Program was defeated 51:48 on the House floor.
Still small chance it could get attached to someone
else's bill.
County Attorney: Draft response to City for Chairman's
signature.
24. Adjourn.
• The meeting was adjourned at 3:18 p.m.
/ewc
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Attachment 1 - Resolution of Industrial Development Authority
Attachment 2 - Proclamation School Board Recognition Month
Attachment 3 - Resolution - US Department of Justice Grant Funds
Attachment 4 - Resolution for funding assistance for Rivanna Greenway segment
Attachment 5 - Agreement for dispatch services
Attachment 6 - Ordinance - Chapter 4, Animals and Fowl, Section 4-401
Attachment 7 - ZTA-2001-09 Ordinance
Attachment 8 - Conditions of Approval
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Attachment 1
RESOLUTION APPROVING A PLAN OF FINANCING
WITH THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF ALBEMARLE COUNTY, VIRGINIA, FOR
THE ACQUISITION, CONSTRUCTION AND EQUIPPING
OF CERTAIN PUBLIC IMPROVEMENT PROJECTS
WHEREAS, the Board of Supervisors (the “Board of Supervisors”) of Albemarle County, Virginia
(the “County”), desires to undertake, in conjunction with the Industrial Development Authority of
Albemarle County, Virginia (the “Authority”), the financing of various public improvement projects from
time to time, including without limitation, the acquisition, construction and equipping of new
administrative facilities for the County (the “Administrative Building”), the County’s capital contribution to
the costs of acquiring, constructing and equipping, in collaboration with the City of Charlottesville, a
juvenile courts facility and related improvements and, in collaboration with the City of Charlottesville,
Virginia, the Charlottesville-Albemarle Airport Authority and the University of Virginia, the costs of
acquiring and installing a new emergency communications system (collectively, the “2003 Project”); and
WHEREAS, the Authority, pursuant to the Industrial Development and Revenue Bond Act (the
“Act”) under which it is created, is authorized to exercise all the powers set forth in the Act, which
include, among other things, the power to make loans to, among others, a county in furtherance of the
Act, to finance or refinance and lease facilities for use by, among others, a county, to issue its revenue
bonds, notes and other obligations from time to time for such purposes and to pledge all or any part of its
revenues and receipts derived from payments received by the Authority in connection with its loans or
from the leasing by the Authority of such facilities or from any source, as security for the payment of
principal of and interest on any such obligations; and
WHEREAS, in furtherance of the purposes of the Act, the County has requested the Authority to
undertake the 2003 Project, and the Authority has determined to issue its public facility revenue bonds
and to use the proceeds thereof to finance costs incurred in connection with the 2003 Project for the
benefit of the County; and
WHEREAS, the Authority proposes to issue its Public Facility Revenue Bonds (Albemarle
County Project), Series 2003 (the “Bonds”), in the aggregate principal amount not to exceed
$30,000,000 to finance the 2003 Project, to fund a debt service reserve fund and to pay the costs of
issuing the Bonds; and
WHEREAS, the County administration has recommended that A.G. Edwards & Sons, Inc. be
approved as the underwriter (the “Underwriter”) for the Bonds; and
WHEREAS, there have been presented to this meeting drafts of the following documents (the
“Documents”), proposed in connection with the undertaking of the 2003 Project and the issuance and
sale of the Bonds:
(a) Agreement of Trust (draft dated January 24, 2003), as supplemented by a First
Supplemental Agreement of Trust (draft dated January 24, 2003), including the form of
the Bonds (collectively, the “Trust Agreement”), each between the Authority and a trustee
to be named (the “Trustee”), pursuant to which the Bonds are to be issued and which is
to be acknowledged and consented to by the County;
(b) Financing Agreement (draft dated January 24, 2003), between the Authority and the
County (the “Financing Agreement”) pursuant to which the Authority will loan the
proceeds of the Bonds to the County and the County, subject to appropriation, will make
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payments to the Authority in amounts sufficient to pay the principal of and interest on the
Bonds and certain other related costs;
(c) Bond Purchase Agreement (draft dated January 24, 2003), between the Authority, the
Underwriter and the County pursuant to which the Authority will agree to sell the Bonds to
the Underwriter;
(d) Preliminary Official Statement (draft dated January 24, 2003), of the Authority relating to
the public offering of the Bonds (the “Preliminary Official Statement”);
(e) Continuing Disclosure Agreement (draft dated January 24, 2003), pursuant to which the
County agrees to undertake certain continuing disclosure obligations with respect to the
Bonds;
(f) Prime Lease (draft dated January 24, 2003), between the Authority and the County (the
“Prime Lease”), conveying to the Authority a leasehold interest in the Administrative
Building;
(g) Lease Agreement (draft dated January 24, 2003), between the Authority and the County
(the “Lease Agreement”), conveying to the County a leasehold interest in the
Administrative Building; and
(h) Assignment Agreement (draft dated January 24, 2003), between the Authority and the
Trustee, which is consented to by the County;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
ALBEMARLE COUNTY, VIRGINIA:
1. The following plan for financing the 2003 Project is hereby approved. The Authority will
issue the Bonds in an aggregate principal amount not to exceed $30,000,000. The Authority will use the
proceeds of the Bonds to finance the costs of the 2003 Project, fund a debt service reserve fund and
finance the costs of issuing the Bonds. Pursuant to the Financing Agreement, the County will make
Basic Payments and Additional Payments (as each is defined in the Financing Agreement) to the
Authority in amounts sufficient to amortize the Bonds, to pay the fees or expenses of the Authority and
the Trustee and to pay certain other related costs. The obligation of the Authority to pay principal of and
premium, if any, and interest on the Bonds will be limited to Basic Payments and Additional Payments
received from the County. The Bonds will be secured by an assignment of the Basic Payments and
certain Additional Payments due under the Financing Agreement, all for the benefit of the holders of the
Bonds. The obligation of the County to make Basic Payments and Additional Payments will be subject
to appropriation by the Board of Supervisors from time to time of sufficient amounts for such purposes.
The plan of financing for the 2003 Project shall contain such additional requirements and provisions as
may be approved by the County Executive, including providing as additional security for the Bonds a
lease of the Administrative Building if deemed by the County Executive to be necessary to the marketing
of the Bonds. If such additional security is required, payments due under the Lease Agreement will be
credited in an amount and time to the extent the County makes all of the Basic Payments and Additional
Payments due under the Financing Agreement.
2. The Board of Supervisors, while recognizing that it is not empowered to make any
binding commitment to make appropriations beyond the current fiscal year, hereby states its intent to
make appropriations in future fiscal years in amounts sufficient to make all payments due under the
Financing Agreement, which payments, as applicable, shall be credited toward the payment of amounts
due under the Lease Agreement, and hereby recommends that future Board of Supervisors do likewise
during the term of the Financing Agreement and, if applicable, the Lease Agreement. The 2003 Project is
hereby declared to be essential to the efficient operation of the County and the Board of Supervisors
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anticipates that the 2003 Project will continue to be essential to the operation of the County during the
term of the Financing Agreement and, if applicable, the Lease Agreement.
3. The County Executive is hereby authorized and directed to execute the Documents to
which the County is a signatory, which shall be in substantially the forms submitted to this meeting, which
are hereby approved, with such completions, omissions, insertions and changes not inconsistent with this
Resolution as may be approved by the County Executive, his execution to constitute conclusive evidence
of his approval of any such completions, omissions, insertions and changes. If the County Executive
determines that the marketing of the Bonds requires additional security in the form of the Lease
Agreement, the County Attorney is hereby authorized to cause the Prime Lease, the Lease Agreement
and other documents as are necessary to be recorded in the Clerk’s Office of the Circuit Court of
Albemarle County.
4. In making completions to the Financing Agreement, the County Executive, in
collaboration with Davenport & Company LLC, the County’s financial advisor (the “Financial Advisor”),
shall provide for Basic Payments in amounts equivalent to the payments on the Bonds, which shall be
sold to the Underwriter on terms as shall be satisfactory to the County Executive; provided that the Basic
Payments shall be equivalent to the Bonds maturing in installments or subject to mandatory sinking fund
redemption ending not later than December 31, 2030; having a true or “Canadian” interest cost not
exceeding 5.75% (taking into account any original issue discount); being subject to optional redemption, if
at all, at a premium not to exceed 2% of their principal amount; and being sold to the Underwriter at a
price not less than 98% of the aggregate principal amount thereof (without taking into account any original
issue discount). The County Executive is also authorized to approve (a) a lesser principal amount for the
Bonds, (b) a maturity schedule, including serial maturities and term maturities for the Bonds and (c) the
redemptions provisions of the Bonds, as the County Executive shall determine to be in the best interest of
the County.
Following the sale of the Bonds, the County Executive shall evidence his approval of the final
terms and purchase price of the Bonds by executing the Bond Purchase Agreement. The actions of the
County Executive in approving the final terms and purchase price of the Bonds shall be conclusive, and
no further action shall be necessary on the part of the Board of Supervisors.
5. The Preliminary Official Statement in the form presented to this meeting is approved with
respect to the information contained therein pertaining to the County. The Underwriter is authorized to
distribute to prospective purchasers of the Bonds the Preliminary Official Statement in form deemed to be
“near final,” within the meaning of Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”),
with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be
approved by the County Executive. Such distribution shall constitute conclusive evidence that the County
has deemed the Preliminary Official Statement to be final as of its date within the meaning of the Rule,
with respect to the information therein pertaining to the County. The County Executive is authorized and
directed to approve such completions, omissions, insertions and other changes to the Preliminary Official
Statement that are necessary to reflect the terms of the sale of the Bonds, determined as set forth in
paragraph 4, and the details thereof and that are appropriate to complete it as an official statement in final
form (the “Official Statement”) and distribution thereof by the Underwriter shall constitute conclusive
evidence that the County has deemed the Official Statement final as of its date within the meaning of the
Rule.
6. The County covenants that it shall not take or omit to take any action the taking or
omission of which shall cause the Bonds to be “arbitrage bonds” within the meaning of Section 148 of the
Internal Revenue Code of 1986, as amended (the “Code”), and regulations thereunder, or otherwise
cause interest on the Bonds to be includable in the gross income for Federal income tax purposes of the
registered owners thereof under existing law. Without limiting the generality of the foregoing, the County
shall comply with any provision of law that may require the County at any time to rebate to the United
States of America any part of the earnings derived from the investment of the gross proceeds of the
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Bonds. The County shall pay from its legally available general funds any amount required to be rebated
to the United States of America pursuant to the Code.
7. The County Executive is authorized to cooperate with the Authority regarding obtaining a
municipal bond insurance policy to guarantee the payment of principal of and interest on the Bonds if the
County Executive, in collaboration with the Authority and the Financial Advisor, determines that selling the
Bonds insured by such a policy would be in the best interests of the County. In addition to the
authorization under Section 3, the County Executive is hereby authorized to agree to such changes to the
form of the Documents and the Bonds as he may consider appropriate to comply with requirements of the
bond insurer.
8. All costs and expenses in connection with the undertaking of the 2003 Project and the
issuance of the Bonds, including the Authority’s fees and expenses and the fees and expenses of bond
counsel, counsel for the Authority, the Underwriter and counsel to the Underwriter for the sale of the
Bonds shall be paid from the proceeds of the Bonds or other legally available funds of the County. If for
any reason the Bonds are not issued, it is understood that all such expenses shall be paid by the County
from its legally available funds and that the Authority shall have no responsibility therefor.
9. The Board of Supervisors hereby approves of the selection of A.G. Edwards & Sons, Inc.
as the Underwriter for the Bonds.
10. Any authorization herein to execute a document shall include authorization to deliver it to
the other parties thereto and to record such document where appropriate.
11. All other acts of the County Executive and other officers of the County that are in
conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of
the Bonds and the undertaking of the 2003 Project are hereby approved and ratified.
12. This Resolution shall take effect immediately.
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Attachment 2
School Board Recognition Month
WHEREAS, it shall be the mission of the Albemarle County School Division to provide all students
with the best possible education; and
WHEREAS, the School Board sets the direction for our community’s public schools by envisioning the
community’s education future; and
WHEREAS, the School Board sets policies and procedures to govern all aspects of school division
operation; and
WHEREAS, the School Board keeps attention focused on progress towers, the school division’s goals
and maintains a two-way communications loop with all segments of the community; and
WHEREAS, serving on the School Board requires an unselfish devotion of time and service to carry
on the mission and business of the school division;
NOW, THEREFORE, I, Lindsay G. Dorrier, Jr., Chairman, on behalf of the Albemarle County
Board of Supervisors, do hereby declare our appreciation to the
members of the Albemarle County School Board and proclaim the month
of
February 2003,
as
SCHOOL BOARD RECOGNITION MONTH
in the County of Albemarle and urge all citizens to join us in recognizing the
dedication and hard work of local School Board members and in working with
them to mold an education system that meets the needs of both today's and
tomorrow's children.
Signed this 5th day of February 2003.
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Attachment 3
DESIGNATION OF APPLICANT'S AGENT
RESOLUTION
BE IT RESOLVED BY OF the Board of Supervisors OF Albemarle County THAT
(Governing Body) (Public Entity)
ROBERT W. TUCKER JR., COUNTY EXECUTIVE is hereby authorized to execute for and in
(Name of Incumbent) (Official Position)
behalf of Albemarle County , a public entity established under the laws of the State of Virginia, this
application and to file it in the appropriate State Office for the purpose of obtaining certain Federal
financial assistance under the OJP, National Domestic Preparedness Office Grant Program (s),
administered by the Commonwealth of Virginia.
THAT, Albemarle County , a public entity established under the laws of the Commonwealth of
Virginia, hereby authorizes its agent to provide to the Commonwealth and to the Office of Justice
Programs (OJP) for all matters pertaining to such Federal financial assistance any and all information
pertaining to these Grants as may be requested.
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Attachment 4
RESOLUTION
FUNDING ASSISTANCE FOR
RECREATIONAL TRAILS AND TRAILS-RELATED FACILITIES
COUNTY OF ALBEMARLE
WHEAREAS, the Virginia Recreational Trails Fund Program provides grant funds to assist
political subdivisions of the Commonwealth of Virginia in providing and maintaining recreational trails and
trails-related facilities.
WHEREAS, the County of Albemarle desires to develop an accessible section of the Rivanna
Greenway along the Rivanna River from Darden Towe Park at Free Bridge to a point approximately one
mile downstream, and
WHEREAS, the funding available from the Virginia Recreational Trails Fund Program is limited to
80% on projects totaling $12,500 to $125,000.
WHEREAS, funding necessary in addition to the Virginia Recreational Trails Fund Program share
to complete the project will be provided by the County of Albemarle;
NOW, THEREORE, BE IT RESOLVED by the Board of Supervisors of the County of Albemarle
that the County Executive is hereby authorized to cause such information or materials as may be
necessary to be provided to the Virginia Department of Conservation and Recreation and to enter into
such agreements as may be necessary to permit formulation, approval and funding of the above
described segment of the Rivanna Greenway.
AND BE IT FURTHER RESOLVED, Albemarle County hereby agrees to accept all maintenance
responsibilities, and keep this facility reasonably open for public use for the expected useful life of the
project.
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Attachment 5
AGREEMENT
THIS AGREEMENT dated and effective the _____ day of ___________________ 2003 between
the CITY OF CHARLOTTESVILLE, VIRGINIA (hereinafter the “City”) and the COUNTY OF ALBEMARLE,
VIRGINIA (hereinafter the “County”) and provides as follows:
WHEREAS, the City and County have negotiated an agreement governing the provision of fire
services for both localities (the “Fire Services Agreement”) dated_________________________, which
continues in full force and effect; and
WHEREAS, Section 9.5 of the Fire Services Agreement provides that if the Emergency
Communications Center (“ECC”) is not providing fire dispatch services for the County after June 30, 2002,
the City and County will negotiate a reasonable charge for City dispatching services delivered after that
date for County responses to calls for services in the County; and
WHEREAS, fire dispatch services for County responses to calls for services in the County have
not been transferred to the ECC as of the effective date of this Agreement; and
WHEREAS, the City and County have determined that it is desirable and necessary to continue
to have fire dispatch services provided by the City for County responses to calls for services in order to
continue to serve the health, safety and welfare needs of the County and its citizens; and
WHEREAS, the City and County have negotiated a reasonable charge for City dispatching
services for County responses to calls for services in the County, and desire to enter into this Agreement
for the limited purpose of amending section 9.5 of the Fire Services Agreement.
NOW, THEREFORE, in consideration of the terms, conditions, and covenants hereinafter set
forth, the parties agree as follows:
SECTION ONE
TERM
This Agreement shall become effective on the date written above, and shall continue in effect
until June 30, 2003, unless terminated earlier by either party in accordance with the provisions of this
section, or extended as provided in Section Two. This Agreement may be terminated by mutual
agreement of both parties at any time, evidenced by a written amendment to this Agreement or other
similar document signed by both parties.
SECTION TWO
COST
The County agrees to pay the City $10,117 per month for the term commencing July 1, 2002 and
ending June 30, 2003 for fire dispatch services provided by the City for County responses to calls for
services. The parties further agree that if these dispatch services continue to be provided by the City
after June 30, 2003, the cost of providing these services will increase and the County agrees to pay the
City $17,072 per month beginning July 1, 2003 for up to an additional twelve (12) months or until such
time as the County provides written notice to the City of an earlier termination date, whichever first occurs.
Pursuant to the second paragraph of section 9.5 of the Fire Services Agreement, the amount of
the Base Annual Payment for the contract year beginning July 1, 2002 shall be increased, and the
methodology to determine the adjustment in the Base Annual Payment shall be modified, in accordance
with the provisions of that paragraph.
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All other terms and conditions set forth in the Fire Services Agreement continue in full force and
effect.
IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed on the date
indicated below.
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Attachment 6
ORDINANCE NO. 03-4(1)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 4, ANIMALS AND FOWL, 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 4,
Animals and Fowl, Article IV, Vicious and Dangerous Animals, is amended and reordained as follows:
By Amending:
Section 4-401 Dangerous dogs; vicious dogs.
CHAPTER 4. ANIMALS AND FOWL
ARTICLE IV. VICIOUS AND DANGEROUS ANIMALS
Sec. 4-401 Dangerous dogs; vicious dogs.
A. The animal control officer upon reasonable belief that a canine or canine crossbreed
within the county is a dangerous dog or vicious dog shall apply to a magistrate for the issuance of a
summons requiring the owner or custodian, if known, to appear in general district court at a specified
time. The summons shall advise the owner of the nature of the proceeding and the matters at issue.
The animal control officer shall confine the animal until such time as evidence shall be heard and a
verdict rendered. If the animal control officer determines that the owner or custodian can confine the
animal in a manner that protects the public safety, he may permit the owner or custodian to confine the
animal until such time as evidence shall be heard and a verdict rendered. The court, through its
contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If,
after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the
animal's owner to comply with the provisions of this section. If, after hearing the evidence, the court
finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the
provisions of Virginia Code § 3.1-796.119.
B. Notwithstanding the provisions of subdivision (A), an animal control officer may determine
after investigation whether a dog is a dangerous dog. If the animal control officer determines that a dog is
a dangerous dog, he may order the animal’s owner to comply with the provisions of this section. If the
animal’s owner disagrees with the animal control officer’s determination, he may appeal the determination
to the general district court for a trial on the merits. Such appeal shall be filed no later than ten (10) days
after receipt of notice of the officer's determination.
C. No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog
solely because it is a particular breed. No animal shall be found to be a dangerous dog or vicious dog if
the threat, injury or damage was sustained by a person who was (i) committing, at the time, a crime upon
the premises occupied by the animal's owner or custodian, (ii) committing, at the time, a willful trespass or
other tort upon the premises occupied by the animal's owner or custodian, or (iii) provoking, tormenting or
physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused or
assaulted the animal at other times. No police dog which was engaged in the performance of its duties
as such at the time of the acts complained of shall be found to be a dangerous dog or a vicious dog. No
animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting
itself, its kennel, its offspring or its owner or owner's property, shall be found to be a dangerous dog or a
vicious dog.
D. The owner of any animal found to be a dangerous dog shall, within ten (10) days of such
finding, obtain a dangerous dog registration certificate from the County for a fee of fifty dollars ($50.00) in
-Page 15-
addition to other fees that may be authorized by law. The County shall provide the owner with a tag
which identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and
ensure that the animal wears the collar and tag at all times. All certificates obtained pursuant to this
section shall be renewed annually for the same fee and in the same manner as the initial certificate was
obtained.
E. All certificates or renewals thereof required to be obtained under this section shall only be issued
to persons eighteen (18) years of age or older who present satisfactory evidence (i) of the animal's
current rabies vaccination, if applicable, and (ii) that the animal is and will be confined in a proper
enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in
the owner's fenced-in yard until the proper enclosure is constructed. In addition, owners who apply for
certificates or renewals thereof under this section shall not be issued a certificate or renewal thereof
unless they present satisfactory evidence that (i) their residence is and will continue to be posted with
clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property,
and (ii) the animal has been permanently identified by means of a tattoo on the inside thigh or by
electronic implantation.
F. While on the property of its owners, an animal found to be a dangerous dog shall be
confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent
its escape or direct contact with or entry by minors, adults or other animals. The structure shall be
designed to provide the animal with shelter from the elements of nature. When off its owner's property,
an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to
cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from
biting a person or another animal.
G. If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or
legal guardian shall be responsible for complying with all requirements of this section.
H. After an animal has been found to be a dangerous dog, the animal's owner shall
immediately, upon learning of same, notify the local animal control authority if the animal (i) is loose or
unconfined, (ii) bites a person or attacks another animal, (iii) is sold, given away, or dies, or (iv) has been
moved to a different address.
I. The owner of any animal which has been found to be a dangerous dog who willfully fails
to comply with the requirements of this section shall be guilty of a class 1 misdemeanor.
J. All fees collected pursuant to this section, less the costs incurred by the County in
producing and distributing the certificates and tags required by this section, shall be paid into a special
dedicated fund for the purpose of paying the expenses of any training course required under Virginia
Code § 3.1-796.105.
(Ord. No. 94-4(12), 8-3-94; Code 1988, § 4-37A.1; Ord. 98-A(1), 8-5-98; Ord. 02-4(1), 2-5-02; Ord. 03-
4(1), 2-5-03)
State law reference--Va. Code §§ 3.1-796.93:1.
-Page 16-
Attachment 7
ORDINANCE NO. 03-18(1)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE
II, BASIC REGULATIONS, ARTICLE III, DISTRICT REGULATIONS, AND ARTICLE IV, PROCEDURE,
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, Article III, District Regulations, and
Article IV, Procedure, are hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 15.2.2 By special use permit
Sec. 16.2.2 By special use permit
Sec. 17.2.2 By special use permit
Sec. 18.2.2 By special use permit
Sec. 19.3.2 By special use permit
Sec. 20.3.2 By special use permit
Sec. 20.4.2 By special use permit
Sec. 20.5.2 By special use permit
Sec. 22.2.2 By special use permit
Sec. 23.2.2 By special use permit
Sec. 24.2.2 By special use permit
Sec. 27.2.2 By special use permit
Sec. 28.2.2 By special use permit
By Repealing:
Sec. 4.12 Off-street parking and loading requirements
Sec. 4.12.1 Purpose
Sec. 4.12.2 Application
Sec. 4.12.3 Location of parking
Sec. 4.12.4 Cooperative parking
Sec. 4.12.5 Availability of parking
Sec. 4.12.6 Parking area design
Sec. 4.12.7 Required off-street loading space
Sec. 4.13 Parking and storage of certain vehicles
Sec. 4.13.1 Parking, storage, or use of major recreational equipment in residential districts
Sec. 4.13.2 Limitation on parking/storage of inoperative motor vehicles
Sec. 4.13.3 Limitations on parking of trucks and certain recreational vehicles in residential districts
By Adding:
Sec. 4.12 Parking, stacking and loading
Sec. 4.12.1 Purpose and intent
Sec. 4.12.2 Applicability
Sec. 4.12.3 Prohibited activities
Sec. 4.12.4 Parking areas
Sec. 4.12.5 Location of parking areas
Sec. 4.12.6 Minimum number of required parking spaces for scheduled uses
Sec. 4.12.7 Minimum number of required parking spaces for unscheduled uses
Sec. 4.12.8 Alternatives available to provide minimum number of parking spaces
-Page 17-
Sec. 4.12.9 Street and alley parking
Sec. 4.12.10 Shared parking
Sec. 4.12.11 Stand alone parking
Sec. 4.12.12 Transportation demand management
Sec. 4.12.13 Loading areas
Sec. 4.12.14 Preexisting or approved parking, stacking and loading areas
Sec. 4.12.15 Minimum design requirements and improvements for parking areas
Sec. 4.12.16 Minimum design requirements and improvements for parking spaces within parking areas
or parking bays
Sec. 4.12.17 Minimum design requirements and improvements for vehicle access aisles
Sec. 4.12.18 Minimum design requirements and improvements for loading areas
Sec. 4.12.19 Minimum design requirements and improvements for dumpster pads
Sec. 5.1.41 Parking lots and parking structures
Sec. 32.7.2A Parking structures
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
Assisted living facility: A residential facility licensed by the state department of social services where a
level of service is provided by an adult care residence for adults who may have physical or mental
impairments and require at least moderate assistance with the activities of daily living. Included in this
level of service are individuals who are dependent in behavior pattern (i.e., abusive, aggressive,
disruptive) as documented on the uniform assessment instrument.
Automated teller machine (ATM): A machine that acts as a teller for standard banking transactions such
as cash withdrawals, deposits, and checking account balances, regardless of where it is located.
Congregate care facility: A residential facility for persons who are elderly or of impaired functional ability.
Such facilities are characterized by a variety of elements that include common dining, social and
recreational features, special safety and convenience features designed for the needs of the elderly, such
as emergency call systems, grab bars and handrails, special door hardware, cabinets, appliances,
passageways, and doors designed to accommodate wheelchairs. A congregate care facility must provide
on an appropriate, regular basis at least two of the following to qualify for the parking standard: meal
services, transportation, housekeeping or organized social activities.
Facility vehicle: A van, pickup truck, car or other passenger vehicle licensed for street use, intended for
daily business use by a contractor in the operation of a contracting business, and stored at the
contractor’s yard overnight. Loaders, backhoes, bulldozers, dump trucks and similar construction
equipment are not facility vehicles.
Parking structure: A multi-storied structure located wholly or partly above grade and designed for the
purpose of garaging vehicles. A parking structure may be incorporated into one or more structures
containing commercial or residential uses.
Personal service shop: Shops and offices whose primary business relies on customers coming and going
on a regular basis including, but not limited to, offices for some doctors, chiropractors and massage
therapists, and barber/beauty shops, shoe repair shops, and dry cleaners.
Service industry: A business where multiple employees perform their work primarily through telephones
and computers, in large communal areas or in small cubicles, rather than in individual offices
-Page 18-
Shopping center: For purposes of section 4.12, one or more buildings containing a minimum of ten
thousand (10,000) square feet of gross leasable area and eight (8) or more retail stores, personal service
shops or restaurants under the same management or association for the purpose of providing property
management, parking, site coverage, advertising, promotion and other similar benefits. In addition, the
building or buildings shall have one or more of the following characteristics: (1) the stores, personal
service shops or restaurants are connected by party walls, partitions, canopies or similar features; or, (2)
some or all of the stores, personal service shops or restaurants are located in separate buildings that are
designed as a single commercial group sharing common parking areas and vehicular travelways and are
connected by walkways and accessways designed to encourage customer interchange between the
buildings and otherwise present the appearance of a continuous commercial area without regard to
ownership. Any site within a group of uses or separate parcel involving the sale of gasoline shall be
excluded from this definition of shopping center.
Stacking: An area for temporary queuing of vehicles while awaiting entry for service.
Stand alone parking: A parking area, including a parking structure, located on a lot other than the lot on
which the use served by the parking area is located, that is the primary use for that lot.
Student suites: Units with a common living, dining and kitchen area shared by individuals occupying
leased or rented bedrooms having their own private bathrooms, and located in multi-unit residential
buildings.
Article II. Basic Regulations
Sec. 4.12 Parking, stacking and loading
Sec. 4.12.1 Purpose and intent
These parking, stacking and loading regulations establish minimum standards applicable to new uses,
structures or parking areas, or redeveloped sites, for the purposes of: (1) maximizing the safety and
functionality of parking areas; (2) providing parking and loading facilities in a reasonable proportion to one
or more use’s needs; (3) reducing minimum parking requirements to coincide with common usage rather
than peak usage; (4) minimizing the visual and environmental impacts of parking areas on adjacent lands;
and (5) supporting mass transit opportunities. These regulations also encourage the application of
transportation demand management strategies and allow flexibility in design to reduce traffic congestion
and the amount of land that must be devoted to parking for commercial, industrial and public facility uses.
Sec. 4.12.2 Applicability
The regulations of section 4.12 shall apply as follows:
a. General applicability. Except as provided in section 4.12.3, these parking, stacking and loading
regulations shall apply to: (1) each new use or structure approved after the date of adoption of
these regulations; and (2) each change or intensification of any use that necessitates additional
parking, but only to the extent of the additional parking. Each use or structure to which these
regulations apply shall be subject to the following:
1. All parking areas having four (4) or more spaces, regardless of whether the number of
spaces exceeds the applicable minimum number required by sections 4.12.6 or 4.12.7,
and all stacking and loading areas, shall satisfy the minimum specifications for parking
area design required in section 4.12.15.
2. Neither a certificate of occupancy nor a zoning compliance clearance shall be issued until
the zoning administrator determines that the required parking, stacking and loading
-Page 19-
improvements have been completed and are operational for the use or structure for
which the improvements are required.
3. All parking spaces provided in excess of the minimum number of spaces required by
sections 4.12.6 and 4.12.7 shall comply with the requirements of this section 4.12 and
section 32.
b. Exceptions. These parking, stacking and loading regulations shall not apply to parking, stacking
or loading spaces for uses or structures approved by the county in a valid preliminary or final site
plan or a valid preliminary or final subdivision plat prior to the date of adoption of section 4.12,
regardless of whether those spaces have been constructed or otherwise established.
c. Modification or waiver. The limitation on the maximum number of parking spaces required
by subsection 4.12.4(a) and the design requirements in sections 4.12.15, 4.12.16,
4.12.17, 4.12.18 and 4.12.19 may be modified or waived, and in any commercial or
industrial zoning district the minimum number of parking spaces required by section
4.12.6 may be modified, in an individual case if the zoning administrator finds that the
public health, safety or welfare would be equally or better served by the modification or
waiver and that the modification or waiver would not otherwise be contrary to the purpose
and intent of this chapter.
1. For each request to modify the minimum number of parking spaces required by section
4.12.6, the developer shall submit a study prepared by a transportation planner, traffic
consultant, licensed engineer or architect justifying the modification. The study shall
include the following: (i) a calculation of the number of off-street parking spaces required
by section 4.12.6; (ii) the total square footage of all uses within the existing and proposed
development and the square footage devoted to each type of use therein; (iii) trip
generation rates expected for the uses within the existing and proposed development; (iv)
data pertaining to a similar use or uses and the associated parking needs; (v) the
developer’s plan to provide alternative solutions to off-street parking on the lot; (vi) the
developer’s plan to provide incentives for employees to use transportation modes other
than single-occupancy motor vehicles; and (vii) an amended site plan, or if no site plan
exists, a schematic drawing, demonstrating that the number of off-street parking spaces
required by section 4.12.6 can be established on the lot, and showing which spaces
would not be established if the modification is granted.
2. The zoning administrator may modify or waive a design requirement in sections 4.12.15,
4.12.16, 4.12.17, 4.12.18 and 4.12.19 only after consultation with the county engineer,
who shall advise the zoning administrator whether the proposed waiver or modification
would equally or better serve the public health, safety or welfare.
3. In granting a modification or waiver, the zoning administrator may impose such conditions
as deemed necessary to protect the public health, safety or welfare. In granting a
request to modify the minimum number of parking spaces required by section 4.12.6, the
zoning administrator may also require that the developer reserve an area on the lot equal
to the reduced number of parking spaces for a specified period, and under conditions,
imposed by the zoning administrator.
d. Review of modification or waiver. The denial of a modification or waiver, or the approval of a
modification or waiver with conditions objectionable to the developer may be considered by the
commission as part of its review of: (1) a plat, as provided in sections 14-220 and 14-225 of the
Code; (2) a site plan, as provided in sections 32.4.2.6 and 32.4.3.6; or (3) a special use permit.
The board of supervisors shall consider a modification or waiver only as follows:
1. The denial of a modification or waiver, or the approval of a modification or waiver with
conditions objectionable to the developer may be appealed to the board of supervisors as
-Page 20-
an appeal of a denial of the plat, as provided in section 14-226 of the Code, or the site
plan, as provided in sections 32.4.2.7 or 32.4.3.9, to which the modification or waiver
pertains. A modification or waiver considered by the commission in conjunction with an
application for a special use permit shall be subject to review by the board of supervisors.
2. In considering a modification or waiver, the board may grant or deny the modification or
waiver based upon the finding set forth in subsection (c), amend any condition imposed
by the commission, and impose any conditions it deems necessary for the reasons set
forth in subsection (c).
Sec. 4.12.3 Prohibited activities in parking, stacking and loading areas
The following activities are prohibited:
a. In any parking, stacking or loading area:
1. Uses. The sale, repair, dismantling or servicing of any vehicle or equipment; the storage
of materials, supplies or merchandise; the storage of refuse, recycling or similar disposal
containers; or other use that would prevent the parking, stacking or loading area, or any
portion thereof, from being used for its intended purpose. This prohibition shall not apply
to single-family dwelling units or to temporary uses or activities approved by the zoning
administrator.
2. Discontinuation, elimination or reduction of area. The discontinuation, elimination or
reduction of a required parking, stacking or loading area, any part thereof, or any required
parking spaces, including those in garages or provided for residential uses, so long as
the use requiring such area(s) or parking spaces continues, unless an alternative
equivalent area complying with these regulations are established as required by this
chapter. For any use subject to a site plan, the removal of any parking spaces shall
require an amendment to the site plan.
b. On any lot, including any parking, stacking or loading area, except where expressly authorized:
1. Parking, storage or use of major recreational equipment. No major recreational
equipment shall be used for living, sleeping or other occupancy when parked or stored on
any lot or in any other location not approved for such use. For purposes of this section,
the term “major recreational equipment” includes, but is not limited to, travel trailers,
pickup campers, motorized dwellings, tent trailers, boats and boat trailers, house-boats,
and trailers, cases or boxes used for transporting such recreational equipment, whether
occupied by the equipment or not.
2. Trucks with minimum gross vehicle weight or major recreational equipment. No truck with
a gross vehicle weight of twelve thousand (12,000) pounds or major recreational
equipment shall be parked in any residential district other than the rural areas (RA)
zoning district, except for purposes of making pickups or deliveries, in any location other
than an off-street parking area shown on an approved site plan or subdivision plat.
3. Parking or storage of inoperable vehicles. No inoperable vehicle shall be parked or stored
on a lot within any agricultural or residential district, including the rural areas (RA) zoning
district, unless the vehicle is within a fully enclosed building or structure, or are otherwise
shielded or screened from view from all public roads and adjoining properties. No more
than two (2) inoperable vehicles may be parked or stored on a lot.
4. Nothing in this subsection shall be construed to authorize or prohibit parking or storing
the vehicles and equipment described herein on a street or highway.
-Page 21-
Sec. 4.12.4 Parking areas
The following requirements shall apply to all parking areas, except as otherwise expressly
provided:
a. Maximum number of spaces. The number of parking spaces in a parking area may not exceed
the number of spaces required by this section by more than twenty (20) percent.
b. Spaces to satisfy minimum ADA requirements. The number, location, and dimensions of fully
accessible parking spaces, and the provision of access aisles, curb ramps, signage and other
specifications for those spaces shall be as required by the Americans with Disabilities Act and the
current editions of the Americans with Disabilities Act Accessibility Guidelines and Virginia
Uniform Statewide Building Code.
c. Rounding off to determine minimum number of required parking spaces. When the calculation of
the minimum number of required parking spaces results in something other than a whole number,
the minimum required number of parking spaces shall be rounded off to the closest whole
number.
d. Garages. Garage spaces on a lot may be counted towards the minimum number of required
parking spaces.
Sec. 4.12.5 Location of parking areas
The following requirements shall apply to establishing the location of all parking areas, except as
otherwise expressly provided:
a. Parking areas on same lot as primary use; exception. All parking spaces shall be established on
the same lot with the primary use to which it is appurtenant, except as authorized by section
4.12.8.
b. Determining minimum yard requirements. For the purpose of determining minimum yard
requirements of the various zoning districts, the term “off-street parking space” consists of the
parking space or stall together with the adjacent aisle and turnaround.
Sec. 4.12.6 Minimum number of required parking spaces for scheduled uses
Except when alternative parking is approved as provided in section 4.12.8, the following schedule shall
apply to determine the number of required off-street parking spaces to be provided in a particular
situation. If a particular use is not scheduled, then section 4.12.7 shall apply.
Assisted living facility. One space per three (3) beds.
Automated teller machines (ATMs): Two (2) spaces per each outdoor walk-up type; five (5) stacking
spaces per each drive-up type.
Automobile service station and truck repair shop: One (1) space per each employee plus two (2) spaces
per each service stall. In addition, when accessory activities such as the rental of automobiles, trucks
and trailers of all types exist on the site, there shall be provided suitable area to accommodate the highest
number of rental units expected at any one time.
Barber shop, beauty shop: One (1) space per two hundred (200) square feet of gross floor area plus one
(1) space per employee.
Boarding house: One (1) space per two (2) beds plus one (1) space per employee.
-Page 22-
Campground: One (1) space per campsite; for group campsites, adequate parking space shall be
provided for buses as determined by the zoning administrator.
Church: In the development areas identified in the comprehensive plan, if the area of assembly seats
more than one hundred persons, one (1) space per three (3) fixed seats or per seventy-five (75) square
feet of area of assembly, whichever shall be greater; if the area of assembly seats one hundred persons
or fewer, one (1) space per four (4) fixed seats or per seventy-five (75) square feet of area of assembly,
whichever shall be greater. In the rural areas identified in the comprehensive plan, the number of
proposed spaces shall be shown in a parking study submitted by the church; the number of required
spaces shall be determined by the zoning administrator, who shall consider the recommendations in the
parking study, traffic generation figures either known to the industry or estimated by the Institute of
Transportation Engineers, peak parking demands, and other relevant information. Nothing herein
requires the parking study to be prepared by a transportation engineer.
Club, lodge: One (1) space per three (3) fixed seats or per seventy-five (75) square feet, whichever shall
be greater.
Contractor’s (construction office, shop, equipment storage and materials) yard: One (1) space per
employee assigned to work on-site plus one (1) space per facility vehicle.
Day care center, nursery facilities: One (1) space per ten (10) children enrolled in the major class or shift
plus one (1) space per employee. In addition, a pick-up and drop-off area shall be provided on the site.
Dental clinic: One (1) space per one hundred seventy-five (175) square feet of net floor area.
Drive-in restaurant: Eighteen (18) spaces per each one thousand (1,000) square feet of gross floor area.
Drive-in lane serving any use: The number of stacking spaces shall be determined by the zoning
administrator using a combination of traffic generation figures either known to the industry or estimated by
Institute of Transportation Engineers. The stacking spaces shall be designed so as not to impede
required parking spaces, pedestrian or vehicular circulation.
Dry cleaning: One (1) space per fifty (50) square feet open to the public plus one (1) space per employee.
Dwellings:
Single family detached (including manufactured homes): Two (2) spaces per unit, except
when the Virginia Department of Transportation requires three (3) spaces to offset the loss of
ancillary onstreet parking because a reduced urban street width has been permitted in
accordance with the “VDOT Subdivision Street Requirements.”
Multi-family units, including duplexes, single family attached, and townhouses, but excluding
student suites:
Number of Parking
Bedrooms/Unit Spaces/Unit
Any unit of 500 square feet or less 1.25
One (1) bedroom 1.50
Two (2) or more bedrooms 2.00
In addition, if parking is provided on individual lots, such as for duplexes and single family
attached townhouses, rather than in lots or bays that are shared by all units in the
development, then one (1) guest space per four (4) units shall be provided.
Student suites: One and one-quarter (1 1/4) spaces per bedroom.
-Page 23-
Multi-family dwellings for the elderly: One and one-quarter (1 1/4) spaces per unit plus one (1)
space per employee on the largest shift; provided that for a congregate care facility, one (1)
space per unit plus one (1) space per employee on the largest shift.
Feed and seed store: One (1) space per four hundred (400) square feet of retail sales area.
Financial institution: One (1) space per one hundred fifty (150) square feet of gross floor area. This
requirement may be reduced by twenty-five (25) square feet per drive-in aisle. Each drive-through lane
serving a financial institution shall provide a minimum of five (5) stacking spaces that shall not impede
any required parking or loading spaces or any pedestrian or vehicular circulation aisles.
Food store: One (1) space per two hundred (200) square feet of gross floor area.
Funeral home: One (1) space per three (3) fixed seats or per seventy-five (75) square feet area of
assembly, whichever shall be greater.
Furniture store and other large sized retail items such as appliances, carpeting, office equipment or
specific building materials: One (1) space per four hundred (400) square feet of retail sales area.
Gift, craft, antique shop: One (1) space per two hundred (200) square feet of gross floor area; provided
that for any area devoted to furniture, parking shall be one (1) space per four hundred (400) square feet
of such area.
Greenhouse and nursery:
Sales area within a greenhouse that is not in conjunction with any other retail sales: One
(1) space per one hundred (100) square feet for the first one thousand (1,000) square feet and
one (1) space for each five hundred (500) square feet of greenhouse sales area above one
thousand (1,000) square feet.
Exterior nursery sales area: One (1) space per each five thousand (5,000) square feet of exterior
nursery sales area.
Hospital: The number of proposed spaces shall be shown in a parking study submitted by the hospital.
The number of required spaces shall be determined by the zoning administrator. In making the
determination, the zoning administrator shall consider the recommendations in the parking study, traffic
generation figures either known to the industry or estimated by the Institute of Transportation Engineers,
peak parking demands, and other relevant information.
Hotel, motel: One (1) space per unit; additional spaces shall be required for restaurants, assembly rooms,
and other separate uses identified herein.
Industrial use not otherwise identified: One (1) space per employee on the largest shift plus one (1) space
per five hundred (500) square feet open to the public for customer parking, but in all cases a minimum of
two (2) customer parking spaces.
Kennel, commercial: One (1) space per four hundred (400) square feet of gross floor area including runs,
plus one (1) space per employee.
Laundromat: One (1) space per two (2) washing machines.
Manufactured home, modular home, travel trailer sales: One (1) space per three thousand (3,000) square
feet of display area.
-Page 24-
Motor vehicle sales, including automobiles, farm equipment and trucks: One (1) space per one thousand
five hundred (1,500) square feet of display area. Spaces for customers shall be clearly delineated on the
ground, signed and maintained for customers only.
Offices, business, administrative and professional (including medical offices but not dental clinics): One
(1) space per two hundred (200) square feet of net office floor area. The term “net office floor area” shall
be deemed to be: (1) eighty (80) percent of the gross floor area; or (2) at the request of the applicant, the
actual net office floor area as shown on floor plans submitted by the applicant, delineating the actual net
office floor area, which plans shall be binding as to the maximum net floor area used.
Over-the-counter sales: One (1) space per fifty (50) square feet open to the public or one (1) space per
two hundred (200) square feet of gross floor area, whichever shall be greater.
Printing and publishing facilities, including newspaper publishing: One (1) space per employee on the
largest shift, plus one (1) space per each five hundred (500) feet of floor area open to the public for
customer parking, but in all cases a minimum of two (2) customer parking spaces.
Production, processing, testing, repairing, or servicing materials, goods or products: One (1) space per
employee on the largest shift plus one (1) space per each five hundred (500) square feet of floor area
open to the public for customer parking, but in all cases a minimum of two (2) customer parking spaces.
Public assembly (indoor or outdoor) use not otherwise identified: One (1) space per three (3) fixed seats
or one (1) space per seventy-five (75) square feet of place of assembly, whichever shall be greater.
“Fixed seats,” where the seating consists of pews, benches, bleachers and similar forms of seating, shall
be calculated at the rate of one (1) seat per two (2) feet of length. A place of public assembly includes
multipurpose areas that may be used either for assembly or recreation, and dance halls that are not
accessory to a restaurant.
Recreation, commercial and residential:
Recreation Parking spaces required
Baseball field 20 per field
Basketball court 2 per basket
Golf course 4 per hole, plus 1 per employee
Horseshoe pits 2 per pit
Soccer field 24 per field
Skating rink 1 per 200 square feet of rink area
Swimming pool 1 per 125 square feet of water surface
Tennis court 2 per court
For each recreation use not specified above, one (1) space per one hundred twenty-five (125)
square feet of useable recreation area.
The minimum number of parking spaces required for a residential recreational facility within a
subdivision shall be reduced by the percentage of dwelling units within the subdivision within one-
quarter mile of the facility.
Recreation, public: The number of proposed spaces shall be shown on a parking study. The number of
required spaces shall be determined by the zoning administrator. In making the determination, the zoning
administrator shall consider the recommendations in the parking study, traffic generation figures either
known to the industry or estimated by the Institute of Transportation Engineers, peak parking demands,
and other relevant information.
Rest home, nursing home, convalescent home: One (1) space per four (4) beds. (See also Multi-family
dwellings for the elderly.)
-Page 25-
Restaurant: Thirteen (13) spaces per one thousand (1,000) square feet of gross floor area including areas
for accessory dancing. Drive-through lanes serving restaurants shall provide a minimum of five (5)
stacking spaces that shall not impede any required parking or loading spaces or any pedestrian or
vehicular circulation aisles. The five (5) stacking spaces shall be provided at the order board and
additional spaces may be provided at the payment or pick-up windows.
Retail use not otherwise identified: One (1) space per each one hundred (100) square feet of retail sales
area for the first five thousand (5,000) square feet and one (1) space per each two hundred (200) square
feet of retail sales area above five thousand (5,000) square feet. For purposes of this paragraph, “retail
sales area” shall be deemed to be: (1) eighty (80) percent of the gross floor area; or (2) at the request of
the applicant, the actual retail sales floor area as shown on floor plans submitted by the applicant
delineating the actual retail sales area, which plans shall be binding as to the maximum retail sales area
used.
Schools: The number of proposed spaces shall be shown in a parking study submitted by the school
division (public schools) or the school (private schools). The number of required spaces shall be
determined by the zoning administrator. In making the determination, the zoning administrator shall
consider the recommendations in the parking study, traffic generation figures either known to the industry
or estimated by the Institute of Transportation Engineers, peak parking demands, and other relevant
information.
Service industry: One (1) space per 50 square feet of net office floor area.
Shopping center:
Gross leasable area Minimum number of spaces required per
in square feet one thousand square feet of gross leasable floor area
10,000 to 24,999 5.50
25,000 to 50,000 5.00
50,001 to 200,000 4.75
200,001 to 600,000 4.50
600,001 to 750,000 4.75
750,001 and larger 5.00
Theater, indoors or outdoors: One (1) space per each three (3) seats.
Tourist lodging: One (1) space per unit in addition to the parking required for a single family dwelling.
Veterinary clinic: One (1) space per two hundred (200) square feet of gross floor area exclusive of that
area to house animals.
Wayside stand: One (1) space per one hundred (100) square feet of sales or display area.
Wholesaling or warehousing use not otherwise identified: One (1) space per employee plus one (1) space
per each five hundred (500) square feet of floor area open to the public for customer parking, but in all
cases a minimum of two (2) customer parking spaces.
Wineries, including farm wineries: If open to the public, one (1) space per two and one-half (2.5)
customers for daily use. For special events and festivals, one (1) space per two and one-half (2.5)
customers, plus one (1) space per employee (includes winery staff, caterers, musicians and vendors).
The parking required for special events and festivals may be considered overflow parking and may be
provided in a well-drained, suitably graded area adjacent to required parking area.
Sec. 4.12.7 Minimum number of required parking spaces for unscheduled uses
-Page 26-
For uses not specifically identified in section 4.12.6, including mixed uses, or when a conflict exists
between possibly applicable schedule requirements, the zoning administrator shall determine the
minimum number of required parking spaces. In making this determination, the zoning administrator shall
consider the characteristics of the proposed use or uses, anticipated employment, the number of
residents and/or visitors, the minimum parking required for similar uses or mixes and other relevant
considerations. The zoning administrator shall also consider the following:
a. Permitted use not otherwise identified. A total number of spaces sufficient to accommodate the
vehicles of all employees of the establishment plus those of all persons who may be expected to
visit the same at any one time.
b. Concurrent uses. The zoning administrator may require additional parking for concurrent uses on
any site.
c. Parking study. The zoning administrator may consider the recommendations of any parking study
relevant to the request, whether it is supplied by the applicant or available from any other source,
as well as traffic generation figures, including estimates by the Institute of Transportation
Engineers, peak parking demands, and other relevant information.
Sec. 4.12.8 Alternatives available to provide minimum number of parking spaces
The alternatives described herein are intended to promote more creative design, allow higher density in
those zoning districts in the development areas, and reduce impervious area by allowing the parking
requirements of this section to be satisfied, in whole or in part, by street parking, shared parking, and off-
site stand alone parking. In addition to all other applicable requirements of this section, the following
requirements shall apply to the parking alternatives provided in sections 4.12.9, 4.12.10 and 4.12.11:
a. Types of alternatives. The parking alternatives consist of street parking, as provided in section
4.12.9, shared parking, as provided in section 4.12.10, off-site stand alone parking, as provided in
section 4.12.11, and other reductions resulting from the provision of mass transit or other
transportation demand management tools.
b. Combination of alternatives. One or more parking alternatives may be used in combination with
one another or with on-site parking to attain the minimum number of required parking spaces.
c. Provision of means for safe movement. Sidewalks and other means for permitting safe movement
of pedestrians between the parking area or spaces and the use or structure they serve shall be
provided.
d. Parking not to be separated from use by major roads. No parking area or spaces shall be
separated from the use or structure they serve by a street whose classification is greater than a
major collector, unless safe and convenient access is provided from the parking area or spaces to
the use or structure and is approved by the director of planning and community development.
e. Instrument assuring continuation of off-site parking. If stand-alone parking or off-site shared
parking is to be provided, the applicant shall submit with the application for a site plan, site plan
waiver or, if a site plan is not required, with an application for a zoning compliance clearance, an
instrument that restricts the use of that part of the land on which parking is provided to that use,
and assures that a minimum number of parking spaces as required by this section shall be
established and maintained for the life of the use. The instrument shall be in a form that is
suitable for recording, shall be subject to review and approval as to form and substance by the
county attorney, and shall be recorded in the office of the clerk of the circuit court of the county
before the site plan or site plan waiver is approved. As the parking requirements for the use or
structure change, subsequent instruments may be submitted, reviewed, approved and recorded
that rescind or modify the prior instrument.
-Page 27-
Sec. 4.12.9 Street and alley parking
Street and alley parking may be provided as follows:
a. Street parking consists of parking spaces located in a public or private right-of way. Each parking
space that is in a public or private right-of-way abutting the lot shall count as a parking space for
the purpose of meeting the minimum parking space requirements in sections 4.12.6 and 4.12.7.
Each parking space shall be on a paved area abutting the travelway, and if the parking space is
in a public right-of-way it shall not be prohibited by the Virginia Department of Transportation.
b. Alley parking consists of parking areas located in the alley right-of-way. A parking space in an
alley may meet the minimum parking space requirements in section 4.12.6 if approved by the
county engineer. In approving alley parking, the county engineer shall consider the width of the
travelway, the widths of the lots abutting the alley, and the setbacks from the alley.
Sec. 4.12.10 Shared parking
Shared parking allows parking spaces to be shared among two (2) or more uses that typically experience
peak parking demands at different times and is located on the same lot or on nearby lots. Because
parking spaces are shared, the total number of parking spaces that would otherwise be required may be
reduced. In addition to all other applicable requirements of this section, the following requirements shall
apply to shared parking:
a. Authority to reduce aggregate number of parking spaces. The zoning administrator may reduce
the aggregate minimum number of required parking spaces, provided that each use participating
in the shared parking experiences peak parking demands at different times. The zoning
administrator shall base this decision on the particular circumstances of the application.
b. Parking study. Before making the decision to allow shared parking and to reduce the aggregate
number of parking spaces, the zoning administrator may require the applicant to submit a parking
study to determine the peak parking demand periods or other information needed to determine
the viability of shared parking under the particular circumstances of the application.
c. Effect of reserved parking spaces. Parking spaces reserved for specific individuals or classes of
individuals shall not be counted toward the parking spaces that could be shared, except for those
spaces designated and marked for use only by handicapped persons.
d. Maximum reduction. The aggregate number of parking spaces required for all uses participating
in the shared parking shall not be reduced by more than thirty-five (35) percent.
Sec. 4.12.11 Stand alone parking
Where authorized by the applicable zoning district regulations, stand alone parking allows
parking areas to be located on a lot other than the lot on which the use served by the parking areas is
located. Stand alone parking is not required to be located on a lot under the same ownership as the lot
on which the use served by the parking is located. In addition to all other applicable requirements of this
section, the following requirements shall apply to stand alone parking:
a. Site plan required. A site plan for the stand alone parking shall be submitted and approved under
section 32.
b. Identification of use served. At least one (1) sign shall be posted in the parking area identifying
the off-site use served by the parking area.
-Page 28-
Sec. 4.12.12 Transportation demand management
Transportation demand management (“TDM”) is a set of tools that provide an alternative to parking
spaces upon a demonstration that the number of vehicle trips upon which the minimum number of parking
spaces required herein will be reduced. TDM tools include, but are not limited to, mass transit, car
pooling, and park and ride lots.
a. Application. An applicant seeking to reduce the number of required parking spaces through TDM
shall submit to the zoning administrator a parking study demonstrating how the number of
required parking spaces may be reduced through TDM.
b. Authority to reduce. The zoning administrator may reduce the number of on-site parking spaces
using TDM alternatives if the parking study submitted by the applicant demonstrates that the use
of TDM tools can effectively eliminate the need for some of the required parking spaces.
Sec. 4.12.13 Loading areas
Off-street loading areas shall be provided as follows:
a. Loading spaces shall be provided on the same lot with the use to which it is appurtenant and shall
be adjacent to the structure it serves.
b. Loading spaces shall be designed so as not to impede any required parking spaces, or any
pedestrian or vehicular circulation.
c. Loading spaces shall be provided in addition to and exclusive of any parking requirement on the
basis of: (1) one (1) space for the first eight thousand (8,000) square feet of retail gross leasable
area, plus one (1) space for each additional twenty-thousand (20,000) square feet of retail gross
leasable area; (2) one (1) space for the first eight thousand (8,000) square feet of office space
plus one (1) space for each additional twenty thousand (20,000) square feet of office space; or (3)
one (1) space for the first ten thousand (10,000) square feet of industrial floor area plus one (1)
space for each additional twenty thousand (20,000) square feet of industrial floor area.
d. Additional loading spaces may be required or requested during review of the site plan.
e. Each site plan that depicts a commercial or industrial building of four thousand (4,000)
gross square feet or more shall provide a dumpster pad that does not impede any
required parking or loading spaces, nor any pedestrian or vehicular circulation aisles.
f. The requirements of this subsection may be modified or waived in an individual case if
the zoning administrator, in consultation with the county engineer, finds that the public
health, safety or welfare would be equally or better served by the modification or waiver;
that the modification or waiver would not be a departure from sound engineering and
design practice; and that the modification or waiver would not otherwise be contrary to
the purpose and intent of this chapter. In granting a modification or waiver, the zoning
administrator may impose such conditions as deemed necessary to protect the public
health, safety or welfare.
The denial of a modification or waiver, or the approval of a modification or waiver with
conditions objectionable to the developer may be considered by the commission as part
of its review of: (1) a plat, as provided in sections 14-220 and 14-225 of the Code; (2) a
site plan, as provided in sections 32.4.2.6 and 32.4.3.6; or (3) a special use permit.
The board of supervisors shall consider a modification or waiver of any requirement of this
subsection only as follows:
-Page 29-
1. The denial of a modification or waiver, or the approval of a modification or waiver with
conditions objectionable to the developer may be appealed to the board of supervisors as
an appeal of a denial of the plat, as provided in section 14-226 of the Code, or the site
plan, as provided in sections 32.4.2.7 or 32.4.3.9. A modification or waiver considered by
the commission in conjunction with an application for a special use permit shall be
subject to review by the board of supervisors.
2. In considering a modification or waiver, the board may grant or deny the modification or
waiver based upon the finding set forth in subsection (h), amend any condition imposed
by the commission, and impose any conditions it deems necessary for the reasons set
forth in subsection (h).
Sec. 4.12.14 Preexisting or approved parking, stacking and loading areas
Each parking, stacking and loading area serving a use or structure lawfully established in accord with a
valid final site plan or subdivision plat prior to the date of adoption of these regulations, or approved in a
valid and vested preliminary site plan or subdivision plat, whose use has not changed or intensified so as
to necessitate additional parking, shall be allowed to continue, subject to the following:
a. Preexisting or approved parking spaces may be used to satisfy the number of parking spaces
required for a changed or intensified use if the structure to which the parking area is accessory
remains.
b. If the structure to which the parking area is accessory is demolished, removed, or reconstructed,
then all parking required or otherwise serving a new use or structure must comply with this
section.
c. Pre-existing parking structures authorized by right or by special use permit by the applicable
zoning district regulations that do not comply with the requirements of section 4.12 shall be
deemed to be nonconforming structures subject to section 6 of this chapter.
d. Preexisting or approved parking, stacking or loading areas that are not parking structures as
described in subsection (c), and that do not comply with the requirements of section 4.12, are
accessory to a primary use and shall not obtain status as a nonconforming use or structure.
However, these areas may continue and be maintained for so long as the primary use exists.
Sec. 4.12.15 Minimum design requirements and improvements for parking areas
The following design requirements and minimum improvements shall be provided for all off-street parking
areas consisting of four (4) or more parking spaces:
a. Surface materials. All parking areas consisting of four (4) or more spaces shall be surfaced. The
surface materials for parking areas and access aisles shall be subject to review and approval by
the county engineer, based upon the intensity of usage and Virginia Department of Transportation
pavement design guidelines and specifications. The county engineer may approve the use of
alternative surfaces deemed equivalent in regard to strength, durability, sustainability and long
term maintenance for the intensity of the use.
b. Grading and drainage systems. Parking area grading and drainage systems shall be designed
and constructed to minimize, to the greatest extent practical, the amount of surface runoff exiting
or entering through entrances to public streets.
c. Maximum grade. The maximum grade for parking spaces, loading spaces, and access aisles
abutting parking or loading spaces shall not exceed five (5) percent in any direction.
-Page 30-
d. Sight distance. Minimum intersection sight distance for internal intersections of access aisles,
intersections of access aisles and pedestrian ways, and access aisles around buildings shall not
be less than one hundred (100) feet. The county engineer may increase this minimum, if the
travel speed is anticipated to exceed ten (10) miles per hour, to a sight distance commensurate
with the anticipated travel speed. If the county engineer anticipates that travel speeds of twenty
(20) miles per hour or greater may be reasonably achieved along a primary travelway serving a
development, he may require that the travelway comply with the private road horizontal and
vertical standards stated in Table A of section 14-514 of the Code for the anticipated traffic
volume. Sight distance shall be measured as provided in Section 602 of the Albemarle County
Design Standards Manual.
e. Accessibility to loading spaces, loading docks and dumpsters. Parking areas shall be designed so
that all loading spaces, loading docks, and dumpsters are accessible by delivery and service
vehicles when all parking spaces are occupied.
f. Protective barriers and design. When deemed necessary and reasonable to assure that safe and
convenient access is provided, the county engineer may require: (1) raised traffic islands at the
ends of parking rows to protect parked vehicles and to prohibit parking in unauthorized areas; (2)
traffic islands and other such traffic control devices; and (3) a design that provides no parking
along the accessways providing the principal ingress, egress and circulation on the site.
g. Curb and gutter in parking areas and along travelways. Curbs shall be established at the edges of
parking areas or access aisles in the following circumstances: (1) in all commercial or institutional
developments requiring eight (8) or more parking spaces; (2) in all multi-family dwelling and
townhouse developments requiring eight (8) or more parking spaces; (3) where necessary to
control or direct stormwater runoff; (4) where a sidewalk is located closer than four (4) feet from
the edge of an access aisle; and (5) where necessary to contain vehicular traffic to protect
pedestrians and/or property. Gutters shall be required where necessary to control or direct
stormwater runoff. The county engineer may waive or modify this requirement if deemed
necessary to accommodate stormwater management/BMP facility design or existing uses located
in the Rural Areas (RA) zoning district.
h. Separation of parking area from public street or private road. Where off-street parking is provided,
parking areas shall be established sufficiently inside the site so as to prevent queuing onto a
public street or private road. The minimum required separation shall be determined by the county
engineer and will be based on the intensity of traffic on the site. In any case, the minimum
separation should not be less than one (1) car length for the most minimal use.
i. Location of handicapped parking spaces. Parking areas shall be designed so that handicapped
parking spaces are located to provide persons with direct unobstructed access to buildings by the
shortest practical route, and to eliminate the need to cross vehicular access aisles wherever
possible.
Sec. 4.12.16 Minimum design requirements and improvements for parking spaces within parking areas
or parking bays
The following design requirements and minimum improvements shall be provided for all parking spaces
within parking areas or parking bays:
a. Arrangement of spaces. All parking spaces shall be perpendicular, angled, parallel or curvilinear
to the vehicle access aisle. Angled parking may be provided at sixty (60), forty-five (45) or thirty
(30) degrees from the access aisle.
b. Design of spaces. All parking spaces shall be designed so that no part of any vehicle will extend
over any lot line, right-of-way line, sidewalk, walkway, and driveway or aisle space.
-Page 31-
c. Minimum parking space size. Parking spaces shall be the minimum sizes, and have the minimum
aisle width, provided below:
1. Perpendicular parking. For perpendicular parking, the minimum space and aisle widths
shall be:
Width (ft.) Length (ft.) Aisle Width (ft.)
10 18 20
9 18 24
2. Parallel parking. For parallel parking, the minimum space shall be:
Width (ft.) Length (ft.)
9 20
3. Angled parking. For angled parking, the minimum space and aisle widths shall be:
ANGLED PARKING DIMENSIONS – ONE WAY CIRCULATION
ANGLE
(DEGS.)
AISLE
WIDTH
STALL
DEPTH WIDTH LENGTH A B E F G H I
60 16 20.1 9 18 4.5 10.4 35.7 36.1 56.2 87.8 107.9
45 14 19.1 9 18 6.4 12.7 31.8 33.1 52.2 78.9 98
30 12 16.8 9 18 7.8 18 25.8 28.8 45.6 66.6 83.4
ANGLED PARKING DIMENSIONS – TWO WAY CIRCULATION
ANGLE
(DEGS.)
AISLE
WIDTH
STALL
DEPTH WIDTH LENGTH A B E F G H I
60 20 20.1 9 18 4.5 10.4 35.7 40.1 60.2 95.8 115.9
45 20 19.1 9 18 6.4 12.7 31.8 39.1 58.2 90.9 110
30 20 16.8 9 18 7.8 18 25.8 36.8 53.6 82.6 99.4
All depths, widths and lengths in the tables above are stated in feet. All angled parking
must have a parking envelope that is nine (9) feet by eighteen (18) feet within each
angled parking space. The dimensions of angled parking (as provided in the above
tables in columns A, B, E, F, G, H and I) shall be measured as provided in Section 602.1
(Figure 6-4) of the Albemarle County Design Standards Manual.
4. Curvilinear parking. For curvilinear parking, the minimum space and aisle widths shall be
the same as for perpendicular parking, except that the width of the parking space shall be
measured at the narrowest point along the length of the space, and provided that a one-
hundred (100) foot sight distance is maintained. The site distance shall be measured as
provided in Section 602.1 (Figure 6-5) of the Albemarle County Design Standards
Manual.
5. Handicapped parking spaces. For handicapped parking, vehicular access aisle widths
shall be the same as for perpendicular parking. In addition, a handicapped access aisle
shall be provided adjacent to each handicapped parking space, provided that the aisle
may be shared between adjacent handicapped parking spaces. The minimum space and
aisle widths shall be:
Handicap Access Van Access
Width (ft.) Length (ft.) Aisle Width (ft.) Aisle Width (ft.)
8 18 5 8
-Page 32-
6. Minimum length reduction. Perpendicular and curvilinear parking space minimum length
requirements may be reduced by not more than two (2) feet when any of the following
conditions are satisfied: (i) one or more rows of parking are separated by planting islands,
median, or other such features (other than sidewalks) and allow for an unobstructed
overhang, from each row, equivalent to the reduction; or (ii) one or more rows of parking
adjacent to a building are separated from the building by planting islands, or other such
features (other than sidewalks) and allow for an unobstructed overhang, from each row,
equivalent to the reduction.
d. Delineation of parking spaces. Parking spaces shall be delineated in a manner that identifies and
preserves the required dimensions by paint striping, signage, or by another means approved by
the zoning administrator. The zoning administrator may authorize that bumper blocks or posts be
used to delineate parking spaces on surfaces that are not conducive to paint striping.
e. Bumper blocks. Bumper blocks shall be provided in parking spaces in the following
circumstances, unless waived by the county engineer: (1) the parking area has no curb or curb
and gutter; (2) the parking has curb or curb and gutter and there is a sidewalk located closer than
two (2) feet from the edge of the parking area, except that bumper blocks shall not be required
where a sidewalk has a minimum width of six (6) feet. Bumper blocks shall be constructed of a
durable material such as concrete or treated timbers. Each bumper block shall be a minimum
length of six (6) feet, a maximum height of five (5) inches, and shall be securely anchored into the
pavement in at least two (2) places.
Sec. 4.12.17 Minimum design requirements and improvements for vehicle access aisles
The following design requirements and minimum improvements shall be provided for all vehicle access
aisles:
a. Grade for vehicle access aisles not adjacent to parking spaces. Vehicle access aisles that are not
adjacent to parking spaces, shall not exceed a grade of ten (10) percent. The county engineer
may increase the maximum grade, upon a finding that no reasonable design alternative would
reduce or alleviate the need and that the increase in grade would be in the best interest of public
health, safety and welfare. The developer must request the waiver in writing and provide all
information necessary to justify that no reasonable design alternative exists. In no case shall the
grade exceed private road standards set forth in section 14-514 of the Code.
b. Entrances. Entrances to parking areas from public streets or private roads shall be designed and
constructed in accordance with Virginia Department of Transportation standards. An adequate
landing and/or grade transition shall be provided for vehicle access aisles at the intersection with
public streets or private roads to allow for the stopping of vehicles and sight distance, as deemed
necessary by the county engineer to assure public safety. As a guideline, the approach grade
should not exceed four (4) percent for a distance of not less than forty (40) feet measured from
the edge of the street or road being intersected.
c. Vehicle access aisle standards. Vehicular access aisles that are not adjacent to parking spaces
shall comply with the following:
1. Two-way access aisles. The minimum travelway width for two-way access aisles shall be
twenty (20) feet.
2. One-way access aisles. One-way circulation is allowed provided the circulation loop or
pattern is contained within the site or sites. Public streets or private roads shall not be
used as part of the circulation loop or pattern. The minimum travelway width for one-way
access aisles shall be twelve (12) feet, with the following exceptions:
-Page 33-
(a) Bypass traffic. A travelway width of up to sixteen (16) feet may be required to
allow for bypass traffic, when deemed necessary by the county engineer. In
making this determination, the county engineer shall consider the site specific
factors including, but not limited to, the length of the travelway, nature of the land
use, and internal traffic circulation.
(b) Bank teller and ATM canopy and lanes. The travelway width may be reduced for
bank teller and ATM canopies and lanes if the county engineer determines that a
reduction is necessary to accommodate the specific architectural, structural and
customer service needs of a proposed application, and the reduction will not
reduce public safety.
d. Turning radii. Turning radii shall be limited by the requirement to maintain one hundred (100) foot
sight distance. Turning movements for delivery vehicles or other expected truck traffic shall be
evaluated by the county engineer using AASHTO single unit truck standards or other AASHTO
standard vehicle as appropriate.
Sec. 4.12.18 Minimum design requirements and improvements for loading areas
The following design requirements and minimum improvements shall be provided for all loading areas:
a. Size. Loading spaces shall be a minimum of twelve (12) feet in width, fourteen and one-half (14
1/2) feet in clearance height and a length sufficient to accommodate the largest delivery trucks
serving the establishment, but in no case will such length be less than twenty-five (25) feet.
b. Surface materials. All loading and unloading berths shall be surfaced with a bituminous or
other dust free surface.
c. Design of loading spaces. Loading spaces shall be designed so that no part of any vehicle will
extend over any lot line, right-of-way line, sidewalk, driveway or aisle space.
d. Delineation of loading spaces. Loading spaces shall be delineated in a manner that identifies and
preserves the required dimensions with paint striping, signage, or by other means approved by
the zoning administrator. The zoning administrator may authorize that bumper blocks or posts be
used to delineate loading spaces on surfaces that are not conducive to paint striping.
Sec. 4.12.19 Minimum design requirements and improvements for dumpster pads
The following design requirements and minimum improvements shall be satisfied for all vehicle
access aisles:
a. Materials. Dumpster pads shall be concrete.
b. Design. The pad shall extend beyond the front of each dumpster so that the front wheels of a
truck servicing the dumpster will rest on the concrete, but in no case shall the length of a concrete
pad be less than eight (8) feet beyond the front of the dumpster. The site shall be designed so
that stormwater does not run through, and drains away from, areas where dumpsters are located
in order to minimize the potential for contaminating stormwater runoff due to contact with solid
waste.
c. Screening. Dumpsters shall be screened as required by section 32.7.9 and, where applicable,
section 30.6.
Sec. 5.1.41 Parking lots and parking structures
-Page 34-
A site plan shall be required for each parking lot and parking structure, unless the requirement is waived
as provided in section 32.2.2.
Article III. District Regulations
Sec. 15.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board of supervisors
pursuant to section 31.2.4:
1. Community center (reference 5.1.4).
2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2).
3. Fire and rescue squad stations (reference 5.1.9).
4. Swim, golf, tennis, or similar athletic facilities (reference 5.1.16).
5. Private schools.
6. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-
wave and radio-wave transmission and relay towers, substations and appurtenances
(reference 5.1.12).
7. Day care, child care or nursery facility (reference 5.1.6).
8. Mobile home subdivisions (reference 5.5).
9. Rest home, nursing home, convalescent home, orphanage or similar institution (reference
5.1.13).
10. Hospitals.
11. Home occupation, Class B (reference 5.2).
12. Churches. (Added 9-2-81)
13. Cemeteries. (Added 9-2-81)
14. Mobile home parks (reference 5.3). (Added 3-5-86)
15. Stand alone parking and parking structures (reference 4.12, 5.1.41).
Sec. 16.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board of
supervisors pursuant to section 31.2.4:
1. Community center (reference 5.1.04).
2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
3. Fire and rescue squad stations (reference 5.1.09).
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4. Swim, golf, tennis or similar athletic facilities (reference 5.1.16).
5. Private schools.
6. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-
wave and radio-wave transmission and relay towers, substations and appurtenances
(reference 5.1.12).
7. Day care, child care or nursery facility (reference 5.1.06).
8. Mobile home subdivisions (reference 5.5).
9. Rest home, nursing home, convalescent home, orphanage or similar institution (reference
5.1.13).
10. Hospitals.
11. Home occupation, Class B (reference 5.2).
12. Churches. (Added 9-2-81)
13. Cemeteries. (Added 9-2-81)
14. Mobile Home Parks (reference 5.3). (Added 3-5-86)
15. Stand alone parking and parking structures (reference 4.12, 5.1.41).
Sec. 17.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board of supervisors
pursuant to section 31.2.4:
1. Community center (reference 5.1.04).
2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
3. Fire and rescue squad stations (reference 5.1.09).
4. Swim, golf, tennis or similar athletic facilities (reference 5.1.16).
5. Private schools.
6. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-
wave and radio-wave transmission and relay towers, substations and appurtenances
(reference 5.1.12).
7. Day care, child care or nursery facility (reference 5.1.06).
8. Mobile home subdivisions (reference 5.5).
9. Rest home, nursing home, convalescent home, orphanage or similar institution (reference
5.1.13).
10. Hospitals.
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11. Professional offices.
12. Retail stores and shops on a single floor, compatible with the residential characteristics of the
district, with a gross floor area not exceeding four thousand (4,000) square feet.
13. Home occupation, Class B (reference 5.2).
14. Churches. (Added 9-2-81)
15. Cemeteries. (Added 9-2-81)
16. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84)
17. Mobile home parks (reference 5.3). (Added 3-5-86)
Sec. 18.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board of supervisors
pursuant to section 31.2.4:
1. Community center (reference 5.1.4).
2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2).
3. Fire and rescue squad stations (reference 5.1.9).
4. Swim, golf, tennis or similar athletic facilities (reference 5.1.16).
5. Private schools.
6. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-
wave and radio-wave transmission and relay towers, substations and appurtenances
(reference 5.1.12).
7. Day care, child care or nursery facility (reference 5.1.6).
8. Mobile home subdivisions (reference 5.5).
9. Rest home, nursing home, convalescent home, orphanage or similar institution (reference
5.1.13).
10. Hospitals.
11. Professional offices.
12. Retail stores and shops on a single floor, compatible with the residential characteristics of the
district, with a gross floor area not exceeding four thousand (4,000) square feet.
13. Home occupation, Class B (reference 5.2).
14. Churches. (Added 9-2-81)
15. Cemeteries. (Added 9-2-81)
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16. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84)
17. Mobile home parks (reference 5.3). (Added 3-5-86)
Sec. 19.3.2 By special use permit
The following uses shall be permitted only by special use permit, provided that no separate application
shall be required for any such use as shall be included in the original PRD rezoning petition:
1. Day care, child care or nursery facility (reference 5.1.06).
2. Fire and rescue squad stations (reference 5.9).
3. Rest home, nursing home, convalescent home, orphanage or similar institution (reference
5.1.13).
4. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers;
microwave and radio-wave transmission and relay towers, substations and appurtenances
(reference 5.1.12).
5. Home occupation, Class B (reference 5.2).
6. Churches. (Added 9-2-81)
7. Stand alone parking and parking structures (reference 4.12, 5.1.41).
8. Swim, golf, tennis or similar athletic facilities (reference 5.1.16). (Added 9-13-89)
9. Professional offices. (Added 6-8-94)
Sec. 20.3.2 By special use permit
The following uses shall be permitted only by special use permit, provided that no separate
application shall be required for any such use included in the original PUD rezoning petition:
1. Day care, child care or nursery facility (reference 5.1.06).
2. Fire and rescue squad stations (reference 5.1.09).
3. Rest home, nursing home, convalescent home, orphanage or similar institution (reference
5.1.13).
4. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-
wave and radio-wave transmission and relay towers, substations and appurtenances
(reference 5.1.12).
5. Home occupation, Class B (reference 5.2).
6. Churches. (Added 9-2-81)
7. Stand alone parking and parking structures (reference 4.12, 5.1.41).
Sec. 20.4.2 By special use permit
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The following uses shall be permitted only by special use permit, provided that no separate
application shall be required for any such use included in the original PUD rezoning petition:
1. Uses permitted by special use permit in section 22.0, commercial, C-1.
2. Uses permitted by special use permit in section 23.0, commercial office, CO.
3. Stand alone parking and parking structures (reference 4.12, 5.1.41).
Sec. 20.5.2 By special use permit
The following uses shall be permitted only by special use permit, provided that no separate
application shall be required for any such use included in the original PUD rezoning petition:
1. Uses permitted by special use permit in section 25.0, planned development - shopping
centers, PD-SC.
2. Stand alone parking and parking structures (reference 4.12, 5.1.41).
Sec. 22.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board of supervisors
pursuant to section 31.2.4:
1. Commercial recreation establishments including but not limited to amusement centers,
bowling alleys, pool halls and dance halls. (Amended 1-1-83)
2. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-
wave and radio-wave transmission and relay towers, substations and appurtenances.
3. Hospitals.
4. Fast food restaurant.
5. Veterinary office and hospital (reference 5.1.11).
6. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential - R-15, in compliance with regulations set forth therein, and such conditions as
may be imposed pursuant to section 31.2.4.
7. Hotels, motels and inns.
8. Motor vehicle sales and rental in communities and the urban area as designated in the
comprehensive plan. (Added 6-1-83)
9. Stand alone parking and parking structures (reference 4.12, 5.1.41).
10. Drive-in windows serving or associated with permitted uses. (Added 11-7-84; Amended 9-9-
92)
11. Uses permitted by right, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acre per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
6-14-89)
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12. Body shop. (Added 9-9-92)
13. Animal shelter (reference 5.1.11). (Added 6-16-99).
Sec. 23.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board of supervisors
pursuant to section 31.2.4:
1. Hospitals.
2. Funeral homes.
3. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-
wave and radio-wave transmission and relay towers, substations and appurtenances.
4. Stand alone parking and parking structures (reference 4.12, 5.1.41).
5. Commercial uses otherwise permitted having drive-in windows (Added 11-7-84)
6. School of special instruction. (Added 1-1-87)
7. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). (Added 1-1-87)
8. Uses permitted by right, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acre per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
6-14-89)
9. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential R-15, in compliance with regulations set forth therein and such conditions as may
be imposed pursuant to section 31.2.4. (Added 6-19-91)
10. Hotels, motels and inns (reference 9.0). (Added 6-19-91)
11. Supporting commercial uses (reference 9.0). (Added 6-19-91)
12. Research and development activities including experimental testing. (Added 6-9-91)
13. Laboratories, medical or pharmaceutical. (Added 6-10-92)
14. Indoor athletic facilities. (Added 9-15-93)
Sec. 24.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board of supervisors
pursuant to section 31.2.4:
1. Commercial recreation establishment including but not limited to amusement centers, bowling
alleys, pool halls and dance halls. (Amended 1-1-83)
2. Septic tank sales and related service.
3. Livestock sales.
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4. Veterinary office and hospital (reference 5.1.11).
5. Drive-in theaters (reference 5.1.08).
6. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers, micro-
wave and radio-wave transmission and relay towers, substations and appurtenances
(reference 5.1.12).
7. Hospitals, nursing homes, convalescent homes (reference 5.1.13).
8. Contractors' office and equipment storage yard.
9. Auction houses.
10. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential - R-15, in compliance with regulations set forth therein, and such conditions as
may be imposed pursuant to section 31.2.4.
11. Commercial kennels - indoor only (reference 5.1.11). (Added 1- 1-83)
12. Stand alone parking and parking structures (reference 4.12, 5.1.41).
13. Drive-in windows serving or associated with permitted uses. (Added 11-7-84; Amended 9-9-
92)
14. Uses permitted by right, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acre per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
6-14-89)
15. Warehouse facilities not permitted under section 24.2.1 (reference 9.0). (Added 6-19-91)
16. Animal shelter (reference 5.1.11). (Added 6-16-99)
Sec. 27.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board of supervisors
pursuant to section 31.2.4:
1. Laboratories, medical or pharmaceutical.
2. Airport, helistop or heliport (reference 5.1.1).
3. Assembly of modular building units.
4. Moving businesses, including storage facilities.
5. Warehouse facilities not permitted under section 27.2.1.17. (Amended 12-2-87)
6. Wholesale business not permitted under section 27.2.1.17. (Amended 12-2-87)
7. Truck terminal.
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8. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-
wave and radio-wave transmission and relay towers, substations and appurtenances.
9. Temporary events sponsored by local nonprofit organizations (reference 5.1.27). (Added 7-
7-82)
10. Uses permitted by right, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acre per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
2-13-85)
11. Body shops (reference 5.1.31). (Added 12-7-88)
12. Towing and storage of motor vehicles (reference 5.1.32). (Added 6-6-90)
13. Uses listed under section 27.2.1 with subordinate retail sales exceeding fifteen (15) percent
of the floor area of the main use. (Added 2-20-91)
14. Supporting commercial uses (reference 9.0). (Added 6-19-91)
15. Indoor athletic facilities. (Added 9-15-93)
16. Stand alone parking and parking structures (reference 4.12, 5.1.41).
Sec. 28.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board of supervisors
pursuant to section 31.2.4:
1. Abattoirs.
2. Airport, helistop or heliport (reference 5.1.01).
3. Asphalt mixing plants.
4. Cement, lime gypsum manufacture or processing.
5. Chemical, plastics manufacture or processing.
6. Fertilizer manufacture or processing.
7. Food processing plants such as meat, poultry and fish processing and packing and
rendering plants.
8. Junk yards, screened (reference 5.1.10).
9. Kennels for boarding of domestic pets (reference 5.1.11).
10. Petroleum refining, including by-products (reference 5.1.20).
11. Pulp, paper manufacture or processing.
12. Storage yards not elsewhere classified, excluding storage of nuclear products, by-products or
wastes.
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13. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-
wave and radio-wave transmission and relay towers; substations and appurtenances
(reference 5.1.12).
14. Uses permitted by right, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acre per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
2-13-85)
15. Motorcycle and off-road recreation vehicles sale and service. (Added 10-15-86)
16. Supporting commercial uses (reference 9.0). (Added 6-19-91)
17. Stand alone parking and parking structures (reference 4.12, 5.1.41).
Article IV. Procedure
Sec. 32.7.2A Parking structures
In addition to all other requirements, each parking structure shall be subject to the following:
a. The developer shall submit architectural elevations with both the preliminary and final site plans.
The elevations shall be part of the approved final site plan.
b. The developer shall submit drawings, photographs or other visual materials showing the
proposed parking structure and surrounding structures (if any exist) and land uses.
c. Mechanical equipment or other utility hardware on the roof, ground, or building shall be screened
from public view to the reasonable satisfaction of the Director of Planning and Community
Development with materials harmonious with the building or they shall be located so as not to be
visible from public view.
d. Air handlers shall be located so that emissions are directed away from any adjoining residential
development.
e. The structure shall be designed so that the light from all vehicle headlights and all lighting fixtures
will not routinely shine directly outside the structure.
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Attachment 8
CONDITIONS OF APPROVAL
Agenda Item No. 18. SP-2002-059. Townwood Mobile Home Park Amendment (Signs
#64&65). Request to amend existing SP-1999-074, which allows expansion of mobile home park, by
changing conditions of approval requiring the relocation of several existing mobile home units & creation
of new lots. This request is in accord w/Sec 17.2.2.17 of the Zoning Ord. TM 61, P 8, contains 12.65 acs.
Loc on Rt 631, (Rio Rd W) at intersec w/Townwood Drive [private]. Znd R-10 & EC. Rio Dist.
1. Pending the satisfaction of all conditions of approval for the special use permit and Planning
Commission modifications of Section 5.3, a maximum of twenty-four (24) of the new mobile home
lots (N1 - N24) shall be allowed in the mobile home park. Those new lots shall be arranged
generally in the areas and configuration shown on the applicant’s revised plan, dated July 12,
2002;
2. No mobile home units shall be relocated or installed, nor shall any new construction activity take
place until after a major site plan amendment has been approved for the requested changes.
Lots N3, N4, N6, N7, N8, N22, N23 and N24 on the applicant’s revised plan dated July 12, 2002,
are exempt from this condition;
3. A landscape plan shall be submitted for review with the required major site plan amendment and
shall show the locations of any previously approved landscape material that will be relocated to
coordinate with the revised mobile home locations;
4. Completion of the second entrance onto Townwood Drive, in the location shown on the site plan,
within One hundred twenty (120) days after issuance of a highway entrance permit by VDOT.
Owner shall apply to VDOT for a highway entrance permit for this second entrance within sixty
(60) days after owner notified that Townwood Drive has been accepted by VDOT into the state
highway system;
5. Additional shade tolerant screening trees shall be provided along the south and west sides of the
stormwater detention pond from adjacent residential properties located within the Townwood
Townhomes development. Screening trees shall be subject to Landscape Planner’s approval;
6. Entrance radii at Route 631 shall be shown on the amended site plan. Vehicle tracking paths for
a mobile home trailer shall be shown on the plan for trailers turning off of Route 631 into the
mobile home park; and
7. A prepared walkway shall be constructed from the nearest parking spaces to any lots that do not
front on the internal private street.
__________
Agenda Item No. 19. SP-2002-064. Free Union Country School Amendment (Sign #38).
Request to amend existing SP-1999-020 to allow for increase from 90 to 120 students & staff in accord
w/Sec 10.2.2.5 of the Zoning Ord. TM 29, P 15D, contains 4.76 acs. Loc on SW side of Rt 601 (Free
Union Rd), approx 800 ft SE from intersec of Rt 601 & Rt 665 (Buck Mountain Rd). Znd RA. White Hall
Dist.
1. If licensure is not required by the State Department of Welfare, this approval shall constitute a
waiver of Section 5.1.6(a) of the Zoning Ordinance, set forth below:
a. No such use shall operate without any required licensure by the Virginia Department of
Welfare as a childcare center. It shall be the responsibility of the owner/operator to
-Page 44-
transmit to the zoning administrator a copy of the original license and all renewals
thereafter and to notify the zoning administrator of any license expiration, suspension, or
revocation within three (3) days of such event. Failure to do so shall be deemed willful
noncompliance with the provisions of this ordinance;
b. Periodical inspection of the premises shall be made by the Albemarle County fire official
at his/her discretion. Failure to promptly admit the fire official for such inspection shall be
deemed willful noncompliance with the provisions of this ordinance; and
c. These provisions are supplementary and nothing stated herein shall be deemed to
preclude application of the requirements of the Virginia Department of Welfare, Virginia
Department of Health, Virginia State Fire Marshall, or any other local, state, or federal
agency.
2. A site plan shall be required for the proposed buildings shown on the concept plan, entitled
Proposed Site Plan Improvements and Additions to Free Union Country School, revised date
January 7, 2003;
3. Construction of additional improvements at the site shall require amendment of the approved site
plan; and
4. Maximum school population (combined students and staff) shall not exceed one hundred and
twenty-five (125) persons or such lesser number as may be approved by the State Department of
Health and/or the Thomas Jefferson Health District, or as necessary in order to comply with the
requirements of Section 32.0 of the Zoning Ordinance.
__________
Agenda Item No. 20. SP-2002-067. Spring Hill Stream Crossing-Extension (Signs #86&88).
Request to allow extension of the deadline to begin work on approved stream crossing until April 25, 2005
in accord w/Sec 30.3.05.2.1.2 of the Zoning Ord. TM 58, P 95, contains 442.656 acs. Loc on Rt 637
(Dick Woods Rd), approx 0.5 mls from intersec of Rt 637 & I-64. Znd RA. Samuel Miller Dist.
1. The applicant shall secure the following approvals before removing vegetation or beginning work
on the stream crossing:
a. Engineering Department approval of structural computations for the entrance and stream
crossing, include structural design computations that demonstrate the bridge can safely
carry the vehicles that will access the residence (including all emergency vehicles);
b. Fire & Rescue Department approval of the entrance design;
c. Engineering Department approval of computations and plans documenting changes to
the floodplain. Plans must show floodplain limits and levels before and after construction.
Sections 18-30.02.2 and 18-30.03.2 allow no increase in flood levels. On the plan sheet,
indicate the FEMA panel and designation (Community-Panel # 510006 0215 B) and that
this section of Ivy Creek is a detailed study area;
d. Engineering Department receipt of copies of federal and state permits for disturbance of
the stream channel and any associated wetlands;
e. If the Engineering Department, after review of the hydraulic computations, finds that the
floodplain will be changed, the applicant must obtain a map revision from FEMA;
-Page 45-
f. Engineering Department approval of an erosion and sediment control plan [17-203]. A
water protection (E&SC and SWM) bond must be posted and a pre-construction
conference held prior to the issuance of a grading permit;
g. Engineering Department approval of a mitigation plan for repair and enhancement of the
stream buffer [17-322]. Please include planting of trees to widen the Ivy Creek stream
buffer; and
h. Virginia Department of Transportation approval of the entrance design, including
provision of adequate sight distance.
2. In order to protect downstream habitat of the endangered James Spiny-mussel, the applicant
must adhere to the following conditions recommended by the Virginia Department of Game &
Inland Fisheries:
a. In-stream work for constructing either entrance shall not occur from May 15 to July 31 of
any year;
b. Any cofferdams used in in-stream work for isolating the bridge construction area shall be
non-erodible;
c. In-stream construction work shall block no more than fifty (50) percent of stream flow at
any given time;
d. Excavated material shall be removed from the floodplain to prevent reentry of that
material into Ivy Creek or its tributaries;
e. Where they have been altered by construction or vegetation removal, the original
streambed and streambank contours shall be restored; and
f. Areas where vegetation has been removed for bridge construction shall be replanted with
similar species (except in the area occupied by the bridge), or must be included in the
tree-planting plan required as a condition of SP-2000-34.
3. The existing farm entrance shall be gated and locked upon completion of the new entrance;
4. The applicant shall grant the County the right to periodically enter the property for the purpose of
inspecting this stream crossing in order to verify no additional fill has been placed and the stream
crossing remains stable; and
5. The use, activity, or construction authorized by this permit shall commence by April 25, 2005.
__________
Agenda Item No. 21. SP-2002-068. Spring Hill Subdivision Amendment. Request to allow
amendment of conditions for an approved special use permit (to reduce the width of a stream buffer
required by a condition of the permit and to delete a limitation on land clearing) in accord w/Sec
10.2.2.30 of the Zoning Ord. TM 58, P 95, contains 442.656 acs. Loc on Rt. 637 (Dick Woods Rd)
approx 0.5 mls from intersec of Rt 637 & I-64. Znd RA. Samuel Miller Dist.
1. No further division of the proposed one hundred and two (102)-acre parcel allowed by this shall
be permitted. No further division of the residue of Parcel 58-95 shall be permitted without an
amendment to SP-81-01 and SP-81-55;
2. The one hundred and two (102)-acre parcel shall be created through application for a rural
division;
-Page 46-
3. If an application for a rural division of Parcel 58-95 is not filed with the Planning Department
within eighteen (18) months from the Board approval date, this permit amendment will expire;
4. Only one (1) dwelling unit shall be permitted on the one hundred and two (102)-acre parcel; and
5. A permanent riparian buffer easement, subject to the approval of the Water Resources Manager
in consultation with the Thomas Jefferson Soil & Water Conservation District, shall be placed on
all streams on the new one hundred and two (102)-acre parcel. The easement shall include
provisions protecting existing vegetation and a tree planting plan to be executed where existing
vegetated buffers are narrower than those called for in the easement. The plat creating the new
parcel shall not be signed until this easement has been reviewed and approved by the Water
Resources Manager. The easement holder shall be the Thomas Jefferson Soil & Water
Conservation District.
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Attachment 9